text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Education (School Financial Statements) (Prescribed Particulars etc.) (Amendment and Revocation) Regulations 1996 and shall come into force on 20th March 1996.
2
In these Regulations “the principal Regulations ” means the Education (School Financial Statements) (Prescribed Particulars etc.) Regulations 1995 .
Amendment of the principal Regulations
2
The principal Regulations shall be amended as follows —
a
by the omission from paragraph (1) of regulation 1 of the words “and shall apply only to local education authorities in England”;
b
by the insertion in paragraph (2) of regulation 1 after the word “apply” of the words “in the case of local education authorities in England” and by the insertion at the end of the paragraph of the words “and in the case of local education authorities in Wales in relation to a financial year beginning on or after 1st April 1996”;
c
by the insertion in paragraph (a) of regulation 6 after the word “copy” of the words “in the case of a local education authority in England” and by the insertion at the end of that paragraph of the words “or in the case of a local education authority in Wales, to the Secretary of State for Wales”;
d
by the insertion in Schedule 1 in the Form of Part 1 of the Budget Statement (under the heading “Discretionary exceptions outside the PSB (24)” after “OFSTED” of the words “or OHMCI (Wales)”;
e
by the insertion in Schedule 1 at the end of notes (12) and (27) of the Notes to the Form of Part 1 of the Budget Statement of the words “or Her Majesty’s Chief Inspector of Schools in Wales (as the case may be)”;
f
by the insertion in Schedule 2 at the end of note (2) of the Notes to the Form of Part 2 of the Budget Statement of the words “or the Welsh Office (as the case may be)”.
Revocation
3
1
The Education (School Financial Statements) (Prescribed Particulars etc.) Regulations 1994 in so far as they apply to local education authorities in Wales and the Education (School Financial Statements) (Prescribed Particulars etc.) (Amendment) Regulations 1995 are revoked.
2
Notwithstanding paragraph (1) and except in so far as they impose any requirements in respect of section 42(4)(f) to (i) of the Education Reform Act 1988 —
a
the Education (School Financial Statements) (Prescribed Particulars etc.) Regulations 1990 continue to apply in relation to a financial year beginning on or before 1st April 1992;
b
the Education (School Financial Statements) (Prescribed Particulars etc.) Regulations 1993 continue to apply in relation to the financial year beginning on 1st April 1993; and
c
the Education (School Financial Statements) (Prescribed Particulars etc.) Regulations 1994 continue to apply in relation to the financial years beginning on 1st April 1994 and 1st April 1995; in relation to local education authorities in Wales.
William Hague
Secretary of State for Wales
21st February 1996


type: legislation

jurisdiction: UK

text:
Commencement and citation
1
This Order may be cited as the A41 Trunk Road (Barnet) Red Route (Clearway) (No. 2) Traffic Order 1996, and shall come into force on 19th March 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 clearway” means the lengths of road specified in column (2) of the table in schedule 1;
f
“vehicle” includes part of a vehicle; and
g
an entry in column (3), (4) or (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 paragraph (2) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop at any time in the trunk road red route clearway.
2
The controls specified in paragraph (1) of this article do not apply in respect of any area of the trunk road red route clearway specified in schedule 2.
Exemptions for parking
4
Not taken up.
Miscellaneous exemptions for parking
5
1
Not taken up.
2
Not taken up.
3
Not taken up.
4
Not taken up.
Exemptions for loading and unloading
6
Not taken up.
Exemptions for disabled persons
7
1
Not taken up.
2
Not taken up.
3
Not taken up.
Exemptions at bus stops and stands
8
1
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to which this article applies to stop at a bus 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) 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 scheduled 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) 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) 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) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Revocation or variation of existing Orders
10
1
Subject to paragraph (2) of this article, the Barnet (Waiting and Loading Restrictions) (Special Parking Areas) Order 1994 and the Barnet (Waiting and Loading Restrictions) (Priority Routes and Side Roads) Order 1994 are hereby suspended, in so far as their 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) (Special Parking Areas) Order 1994 and the Barnet (Waiting and Loading Restrictions) (Priority Routes and Side Roads) Order 1994 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
15 March 1996


text:
1
1
These Regulations may be cited as the Personal Equity Plan (Amendment No. 2) Regulations 1996 and shall come into force on 23rd May 1996.
2
Regulations 2, 3 and 4 have effect in relation to transfers of, or renunciations of rights to, shares to a plan manager after these Regulations come into force.
2
The Personal Equity Plan Regulations 1989 shall be amended in accordance with regulations 3 and 4.
3
In regulation 4(3) after sub-paragraph (a) there shall be inserted —
aa
that the shares were not allotted or allocated to the qualifying individual in the circumstances specified in paragraph (3A);
.
4
After regulation 4(3) there shall be inserted —
3A
The circumstances specified in this paragraph are where —
a
the allotment or allocation of the shares was connected with the allotment or allocation of —
i
shares in the company of a different class, or
ii
rights to shares in the company of a different class, or
iii
shares or rights to shares in another company, or
iv
securities or rights to securities of the company or of another company,
to that individual or to any other person; and
b
the terms on which the shares were offered were significantly more favourable to the qualifying individual than they would have been if their allotment or allocation had not been connected as described in sub-paragraph (a).
Michael Bates
Liam Fox
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd May 1996


text:
1
These Regulations may be cited as the Education (Fees and Awards) (Amendment) Regulations 1996 and shall come into force on 1st September 1996.
2
The Education (Fees and Awards) Regulations 1994 shall be amended as follows.
3
In regulation 2(1) insert after the definition of “ EEA Agreement” the following definition:
“EEA migrant worker” means a person who is a national of a member State of the European Economic Area who has taken up an activity as an employed person in the United Kingdom under Council Regulation ( EEC ) No. 1612/68 on freedom of movement for workers within the Community, as extended by the EEA Agreement;
.
4
Substitute for paragraph 7 of Schedule 1 the following paragraph:
7
1
A person shall be an excepted student if he is —
a
an EEA migrant worker —
i
who satisfies the conditions mentioned in sub-paragraph (2), and
ii
in whose case it is not lawful to charge higher fees by virtue of Article 7(2) or (3) of Council Regulation (EEC) No. 1612/68 on freedom of movement of workers within the Community, as extended by the EEA Agreement ; or
b
the spouse of an EEA migrant worker and he —
i
is a national of a member State of the European Economic Area,
ii
satisfies the conditions mentioned in sub-paragraph (2), and
iii
is installed in the United Kingdom with his spouse; or
c
the spouse of an EEA migrant worker and —
i
he is not a national of a member State of the European Economic Area,
ii
he has, throughout the year preceding the date referred to in regulation 6(a), been ordinarily resident in the European Economic Area, and
iii
he is installed in the United Kingdom with his spouse; or
d
the child of an EEA migrant worker and —
i
he satisfies the conditions mentioned in sub-paragraph (2), and
ii
in whose case it is not lawful to charge higher fees by virtue of Article 12 of the above mentioned Council Regulation.
2
The conditions referred to in sub-paragraph (1) are that —
a
he has, throughout the 3 year period referred to in regulation 6(a), been ordinarily resident within the European Economic Area, and
b
he has not been resident therein, during any part of that 3 year period, wholly or mainly for the purpose of receiving full-time education.
5
In paragraph 8 of Schedule 1 substitute for the reference “7(a)” the reference “7(2)(a)”.
6
Substitute for paragraph 2 of Schedule 2 the following paragraph:
2
1
A person shall be an excepted candidate if he is —
a
an EEA migrant worker who —
i
satisfies the condition mentioned in sub-paragraph (2), and
ii
is eligible for a maintenance award by virtue of Article 7(2) or (3) of Council Regulation (EEC) No. 1612/68 on free movement of workers within the Community, as extended by the EEA Agreement; or
b
the spouse of an EEA migrant worker and he —
i
is a national of a member State of the European Economic Area,
ii
satisfies the conditions mentioned in sub-paragraph (2), and
iii
is installed in the United Kingdom with his spouse; or
c
the spouse of an EEA migrant worker and he —
i
is not a national of a member State of the European Economic Area,
ii
has been, throughout the year preceding the date referred to in regulation 9(a), 12 or 15, as the case may be, ordinarily resident in the European Economic Area, and
iii
is installed in the United Kingdom with his spouse; or
d
the child of an EEA migrant worker and he —
i
satisfies the conditions mentioned in sub-paragraph (2), and
ii
is eligible for a maintenance award by virtue of Article 12 of the above mentioned Council Regulation.
2
The conditions referred to in sub-paragraph (1) are that he would have a relevant connection with the European Economic Area for the purposes of Part III, Part IV or, as the case may be, Part V had any reference in regulation 9, in regulation 12, or in regulation 15 to the United Kingdom and Islands or to the United Kingdom been a reference to the European Economic Area, and had sub-paragraph (c) of regulation 15 been omitted.
Henley
Minister of State,
Department for Education and Employment
29th July 1996


text:
1
This Order may be cited as the Merchant Shipping Act 1995 (Appointed Day No. 1) Order 1996.
2
The day appointed for the purposes of sections 171(1) and 182(1) of the Merchant Shipping Act 1995 is 30th May 1996.
Signed by authority of the Secretary of State for Transport
Goschen
Parliamentary Under Secretary of State,
Department of Transport
30th April 1996


text:
1
This Order may be cited as the European Convention on Extradition Order 1990 (Amendment) Order 1996 and shall come into force on the date, to be notified in the London, Edinburgh and Belfast Gazettes, on which the Agreement becomes applicable in respect of the United Kingdom.
2
The European Convention on Extradition Order 1990 (“the 1990 Order ”) shall have effect as between the United Kingdom and those States listed at Schedule 2 to this Order as if the terms embodied in Schedule 1 to the 1990 Order were amended, subject to the declarations set out in Schedule 3 to this Order, by the terms of the Agreement recited at Schedule 1 to this Order.
3
The operation of this Order is limited to the United Kingdom, the Channel Islands and the Isle of Man.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the University College London Hospitals National Health Service Trust (Establishment) Order 1996 and shall come into force on 4th March 1996.
2
In this Order, unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 4th March 1996;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the University College London Hospitals National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the University College London Hospitals National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions shall be to own and manage hospital accommodation and services provided at 9th Floor, St Martin’s House, 140 Tottenham Court Road, London W1P 9LN and associated hospitals (including the management of its teaching and research facilities).
Directors of the trust
4
1
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
2
There shall be included among the non-executive directors a person appointed from the University of London.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1996.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts, including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Board of Governors of the National Hospital for Neurology and Neurosurgery and the Board of Governors of the Eastman Dental Hospital shall —
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of premises to the trust.
2
The Board of Governors of the National Hospital for Neurology and Neurosurgery and the Board of Governors of the Eastman Dental Hospital shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
4
The health authorities specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authorities which are to make schemes under section 6 of the Act for the transfer of staff) in relation to the trust shall be the Board of Governors of the National Hospital for Neurology and Neurosurgery and the Board of Governors of the Eastman Dental Hospital.
5
In performing their functions under this article the Board of Governors of the National Hospital for Neurology and Neurosurgery and the Board of Governors of the Eastman Dental Hospital shall act in accordance with any directions from the Secretary of State under section 17 of the National Health Service Act 1977 .
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State,
Department of Health
23rd February 1996


text:
Title, commencement and interpretation
1
1
These Regulations may be cited as the Environmentally Sensitive Areas (England) Designation Orders (Amendment) Regulations 1996 and shall come into force on 1st January 1997.
2
In these Regulations, “the principal Orders” means the statutory instruments set out in the Schedule.
3
In these Regulations any reference to the Schedule shall, unless the context requires otherwise, be construed as a reference to the Schedule to these Regulations.
Amendment of the principal Orders (other than in relation to stocking levels)
2
1
The principal Orders set out in Part I of the Schedule shall be amended in accordance with the following paragraphs of this regulation.
2
In article 2(1) (interpretation) of each of the principal Orders, each of the following definitions shall be inserted at its alphabetically appropriate place —
a
“agri-environment scheme” means an arrangement which is —
a
regulated by statutory instrument providing for the payment of aid to persons who give an undertaking or enter an agreement in relation to land to which that instrument relates; and
b
approved by the Commission of the European Communities under Article 7(3) of the Council Regulation as part of a zonal programme drawn up pursuant to Article 3 of the Council Regulation;
;
b
“application” means, in relation to a farmer, the application to enter into an agreement submitted to the Minister that results in that farmer entering into an agreement with the Minister;
c
“the Commission Regulation” means Commission Regulation ( EC ) No. 746/96 laying down detailed rules for the application of the Council Regulation;
; and
d
“the Council Regulation” means Council Regulation ( EEC ) No. 2078/92 on agricultural production methods compatible with the requirements of the protection of the environment and the maintenance of the countryside as last amended by Commission Regulation (EC) No. 2772/95 as rectified by Commission Regulation (EC) No. 1962/96 ;
.
3
In article 5 of each of the principal Orders set out in Section A of Part I of the Schedule —
a
for the phrase “An agreement shall include provisions” there shall be substituted the following —
1
Subject to paragraph (2) below, an agreement shall include provisions
; and
b
at the end of the article there shall be added the following paragraph —
2
Nothing in paragraph (1) above requires an agreement to include remedies for the Minister which he has by virtue of articles 5A, 5B and 5C below or by virtue of Article 20 of the Commission Regulation (which provides for recovery of wrongful payments with interest, a penalty system and exclusion for false declarations).
.
4
In article 6 of each of the principal Orders set out in Section B of Part I of the Schedule —
a
for the phrase “An agreement shall include provisions” there shall be substituted the following —
1
Subject to paragraph (2) below, an agreement shall include provisions
; and
b
at the end of the article there shall be added the following paragraph —
2
Nothing in paragraph (1) above requires an agreement to include remedies for the Minister which he has by virtue of articles 6A, 6B and 6C below or by virtue of Article 20 of the Commission Regulation (which provides for recovery of wrongful payments with interest, a penalty system and exclusion for false declarations).
.
5
After —
a
article 5 of each of the principal Orders set out in Section A of Part I of the Schedule, and
b
article 6 of each of the principal Orders set out in Section B of Part I of the Schedule,
there shall be inserted the following articles, the provisions of which denoted A, B and C shall be numbered 5A, 5B and 5C or 6A, 6B or 6C accordingly —
Breach of requirements or provisions: supplementary
A
1
Subject to the provisions of Article 12 of the Commission Regulation (force majeure) and Article 20 of the Commission Regulation (which provides for recovery of wrongful payments with interest, a penalty system and exclusion for false declarations), and without prejudice to any rights the Minister may have under an agreement, the Minister may, where the farmer breaches any of the provisions of the agreement he has entered or any other requirement that applies to the making of any payment under this Order —
a
withhold the whole or any part of the sums payable to the farmer,
b
recover the whole or any part of the sums already paid to him, and
c
in so far as is consequent upon Article 20(2) of the Commission Regulation (which requires member states to determine a system of penalties which are effective, commensurate with their purpose and of adequate deterrent effect to be imposed for breaches of undertakings), require him to pay to the Minister a sum equal to no more than 10% of the sums paid or payable to the farmer.
2
Where the Minister takes any step specified in paragraph (1) above, he may also terminate the agreement by notice in writing to the farmer.
3
Where under paragraph (2) above the Minister treats the agreement as terminated, he may also, in so far as is consequent upon Article 20(2) of the Commission Regulation, by notice in writing to the farmer prohibit him from providing a new undertaking or entering a new agreement under an agri-environment scheme for such period (not exceeding two years) from the date of that termination as is specified in the notice.
Recovery of Interest
B
1
Where a payment is made under an agreement by the Minister and, by virtue of Article 20(1) of the Commission Regulation (which provides for recovery of wrongful payments with interest), a reimbursement of all or part of the payment with interest is required, the rate of interest shall be one percentage point above LIBOR on a day to day basis.
2
For the purposes of this article, LIBOR means the sterling three month London interbank offered rate in force during the period specified in Article 20(1) of the Commission Regulation.
3
In any proceedings relating to this article, a certificate of the Minister stating the LIBOR applicable during a period specified in the certificate shall be conclusive evidence of the rate applicable in the specified period if the certificate also states that the Bank of England notified the Minister of that rate.
Recovery of payments
C
In any case, where an amount falls to be paid to the Minister by virtue of (or by virtue of action taken under) this Order or the Commission Regulation insofar as it relates to the environmentally sensitive area designated by this Order, the amount so falling to be paid shall be recoverable as a debt.
.
6
After the last paragraph of —
a
article 6 of each of the principal Orders set out in Section A of Part I of the Schedule, and
b
article 7 of each of the principal Orders set out in Section B of Part I of the Schedule,
there shall be added the following paragraph, numbered appropriately —
Any obligation of the Minister in the foregoing provisions of this article to make a payment under an agreement shall be subject to the provisions of Article 20(3) of the Commission Regulation (which requires a person covered by that provision who, intentionally or by reason of gross negligence, makes a false declaration, to be excluded from all aid under the Council Regulation) and, in respect of an application made on or after 1st January 1997, of Article 10 of the Commission Regulation (which restricts duplication of aid payments).
.
Amendments relating to stocking levels
3
Each of the principal Orders set out in an entry in column 1 of Part II of the Schedule shall be amended by inserting in the appropriate place in the Schedule referred to in the corresponding entry in column 2 of Part II of the Schedule the following paragraph, numbered in accordance with the corresponding entry in column 3 of Part II of the Schedule —
the farmer shall not exceed a stocking level of 1.4 livestock units per hectare.
.
Saving
4
Regulation 3 above shall not apply in relation to any agreement made under a principal Order with a farmer as a result of an application submitted by that farmer before 1st January 1997.
Tim Boswell
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
10th December 1996


text:
1
This Order may be cited as The A406 Trunk Road (Hanger Lane, Ealing) (Temporary Prohibition of Traffic) Order 1996 and shall come into force on the 17th June 1996.
2
This Order is made because the Traffic Director for London is satisfied that traffic in Hanger Lane, Ealing should be restricted because works are being or are proposed to be executed on or near that road.
3
During the period starting at 00.01 hours on 17th June 1996 and ending at 23.59 on 31st July 1996 or when those works have been completed, whichever is the sooner, subject to the provisions of article 4 below, no person shall cause or permit any vehicle to enter Hanger Lane from any road specified in the schedule to this order or to enter any road specified in the schedule to this order from Hanger Lane.
4
1
The provisions of article 3 above shall apply only during such times and to such extent as may from time to time be indicated by traffic signs.
2
The provisions specified in article 3 above shall not apply in respect of —
i
any vehicle being used for the purpose of those works, or for fire brigade, ambulance or police purpose, or
ii
anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
15 June 1996


text:
1
This Order may be cited as the North of Scotland Milk Marketing Board Dissolution Order 1996 and shall come into force on 29th April 1996.
2
The North of Scotland Milk Marketing Board shall be dissolved on 29th April 1996.
Mike Foulis
Assistant Secretary, Scottish Office
Pentland House,
Edinburgh
10th April 1996


text:
1
This Order may be cited as the Naval Discipline Act 1957 (Jersey) Order 1996 and shall come into force on 1st June 1996.
2
1
The Naval Discipline Act 1957 (“the 1957 Act ”) shall have effect in the Bailiwick of Jersey subject to the modifications specified in Part I of the Schedule to this Order.
2
The provisions of —
a
the Naval Forces (Enforcement of Maintenance Liabilities) Act 1947 , and
b
section 10 and Part III of the Armed Forces Act 1991 (“the 1991 Act ”),
shall have effect in the Bailiwick of Jersey subject to the modifications specified in Parts II and III respectively of the Schedule to this Order.
3
In relation to any reference to a law for the time being in force in the Bailiwick of Jersey, the modifications made by this Order have effect for all purposes of the 1957 Act (and not only in the application of that Act to the Bailiwick of Jersey).
N. H. Nicholls
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (Reigate and Banstead Borough Council) Order 1996 and shall come into force on 21st November 1996.
Exemption of schools and welfare catering
2
Catering for purposes of schools and welfare shall not be treated as a defined activity so long as —
a
it consists of the providing of ingredients for, and the preparing of, meals for provision to persons in their own homes under an enactment mentioned in paragraph 4(1)(e) of Schedule 1 to the Local Government Act 1988; and
b
it is carried out by the council of the borough of Reigate and Banstead during the period beginning with 21st November 1996 and ending with 31st March 1997.
Exemption of other catering
3
Other catering shall not be treated as a defined activity so long as it is carried out by the council of the borough of Reigate and Banstead during the period beginning with 1st April 1997 and ending with 31st December 1997 in the following premises in the borough —
a
the Donyngs Recreation Centre;
b
the Banstead Sports Centre; and
c
the Horley Anderson Centre.
Signed by the authority of the Secretary of State
Paul Beresford
Parliamentary Under-Secretary of State,
Department of the Environment
24th October 1996


text:
Citation, Commencement and Application
1
1
This Order may be cited as the East Riding of Yorkshire District Council (Staff Transfer) Order 1996 and shall come into force on 1st April 1996.
2
This Order makes provisions which are consequential or supplementary to the Humberside (Structural Change) Order 1995.
Interpretation
2
In this Order —
“contract of employment” means a contract under which a person works for another person whether under a contract of service or apprenticeship or otherwise but does not include a contract for services;
“designated list” means the list marked “The East Riding of Yorkshire District Council (Staff Transfer) Order 1996 Designated List” which is signed by the Secretary of State for the Environment, one copy of which is deposited with the East Riding of Yorkshire District Council and one in the offices of the Secretary of State for the Environment;
“employee” means a person employed under a contract of employment.
Transfer of Staff
3
1
This article shall apply to any employee (a “designated employee”) —
a
immediately before 1st April 1996 (“the reorganisation date”) was employed by the Beverley Borough Council, the East Yorkshire Borough Council or the Holderness Borough Council;
b
whose employment would continue but for the abolition of those three councils; and
c
whose name is mentioned in the designated list.
2
The contract of employment of a designated employee shall not be terminated on the reorganisation date but shall have effect as if originally made between that employee and the East Riding of Yorkshire District Council.
3
This article is without prejudice to any provision of the Transfer of Undertakings (Protection of Employment) Regulations 1981.
Signed by authority of the Secretary of State
Paul Beresford
Parliamentary Under Secretary of State,
Department of the Environment
21st February 1996


text:
Citation, Commencement and Application
1
1
This Order may be cited as the Humberside (Staff Transfer) Order 1996 and shall come into force on 1st April 1996.
2
This Order makes provisions which are consequential or supplementary to the Humberside (Structural Change) Order 1995.
Interpretation
2
In this Order —
“contract of employment” means a contract under which a person works for another person whether under a contract of service or apprenticeship or otherwise but does not include a contract for services;
“designated list” means the list marked `The Humberside (Staff Transfer) Order 1996 Designated List' which is signed by the Secretary of State for the Environment, one copy of which is deposited with each of the four Humberside district councils and one in the offices of the Secretary of State;
“employee” means a person employed under a contract of employment including a person employed under a fixed term contract the expiry date for which is after 31 March 1996, but does not include a person whose employment is on a temporary basis and who on 31 March 1996 has had a continuous period of employment (when calculated in accordance with section 151 of, and Schedule 13 to, the Employment Protection (Consolidation) Act 1978 ) of less than two years.
“Humberside district council” has the same meaning as in the Humberside (Structural Change) Order 1995.
Transfer of Staff
3
1
This article shall apply to any employee (a “designated employee”) —
a
immediately before 1st April 1996 (“the reorganisation date”) was employed by the Humberside County Council;
b
whose employment would continue but for the abolition of that council; and
c
whose name is mentioned, or who falls within a class or description of employees which is mentioned, in the designated list.
2
The contract of employment of a designated employee shall not be terminated on the reorganisation date but shall have effect —
a
in the case of an employee who falls within a class or description of employees mentioned in any section of Part I of the designated list as if originally made between that employee, and the district council mentioned at the head of that section;
b
in the case of an employee whose name is mentioned in any section of Part II of that list as if originally made between that employee, and the district council mentioned at the head of that section.
3
This article is without prejudice to any provision of the Transfer of Undertakings (Protection of Employment) Regulations 1981.
Signed by authority of the Secretary of State
Paul Beresford
Parliamentary Under Secretary of State,
Department of the Environment
21st February 1996


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Areas and Special Parking Areas) (City of Oxford and Parish of North Hinksey) Order 1996 and shall come into force on 3rd February 1997.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991;
“the permitted parking areas” means the areas designated as permitted parking areas by article 3(a) of this Order; and
“the special parking areas” means the areas designated as special parking areas by article 3(b) of this Order.
Designation of permitted parking areas and special parking areas
3
The City of Oxford (other than the roads specified in Part I of Schedule 1 to this Order) and the parish of North Hinksey (other than the roads specified in Part II of that Schedule) are each hereby designated as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
4
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act shall apply in relation to the permitted parking areas and the special parking areas and as so applied shall have effect subject to the modifications specified in Schedule 2 to this Order.
Modification of the 1984 Act and Schedule 3 to the 1991 Act
5
1
The 1984 Act shall be modified in relation to the permitted parking areas and the special parking areas as specified in Part I of Schedule 3 to this Order.
2
Schedule 3 to the 1991 Act shall be modified in relation to the permitted parking areas and the special parking areas as specified in Part II of Schedule 3 to this Order.
Signed by authority of the Secretary of State for Transport
John Watts
Minister of State,
Department of Transport
16th October 1996


text:
Citation and Commencement
1
This Order may be cited as the Financial Services Act 1986 (Investment Advertisements) (Exemptions) Order 1996 and shall come into force on 15th July 1996.
Interpretation
2
1
In this Order and in the Schedules hereto —
“ the Act ” means the Financial Services Act 1986;
“the 1985 Act ” means the Companies Act 1985 ;
“the 1986 Order ” means the Companies (Northern Ireland) Order 1986 ;
“approved securities market” means any market which is established under the rules of an investment exchange specified in Schedule 2 to this Order;
“ EEA State” means a State which is a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 ;
“private company”, in relation to a body corporate which is a company within the meaning of the 1985 Act, means a private company within the meaning of section 1(3) of the 1985 Act and, in relation to a body corporate which is a company within the meaning of the 1986 Order, means a private company within the meaning of article 12(3) of the 1986 Order;
“relevant bearer security” means a relevant security title to which is capable of being transferred without notice of that fact being given to the body corporate issuing the security or any person acting on its behalf;
“relevant EEA market” means a market in an EEA State which is established under the rules of an investment exchange specified in Part I of Schedule 1 to this Order or which meets the criteria specified in Part II of that Schedule;
“relevant security” means shares and also means an investment falling within paragraph 2 of Schedule 1 to the Act and any investment falling within paragraph 4 or 5 of that Schedule which confers rights in respect of an investment falling within paragraph 1 or 2 of that Schedule; and
“shares” means any investment falling within paragraph 1 of Schedule 1 to the Act.
2
For the purposes of this Order, a relevant security falling within paragraph 4 or 5 of Schedule 1 to the Act shall be taken to have been issued by the person who issued the investment in respect of which the relevant security confers rights if it is issued by a body corporate in the same group as that person or by some other person acting on behalf of, or pursuant to arrangements made with, that person.
Investment advertisements issued by body corporate to members or creditors
3
1
Section 57 of the Act shall not apply to an investment advertisement issued or caused to be issued by a body corporate other than an open-ended investment company if the only persons to whom the advertisement is issued, other than persons to whom it may otherwise lawfully be issued, are reasonably believed by the person who issued the advertisement or who caused it to be issued to be persons who fall within any one or more of the following categories —
a
creditors or members of, or persons who are entitled to investments falling within paragraph 1, 2 or 4 of Schedule 1 to the Act issued by, the body corporate;
b
creditors or members of, or persons who are entitled to investments falling within paragraph 1, 2 or 4 of Schedule 1 to the Act issued by, another body corporate which is not an open-ended investment company but which is in the same group as the first body corporate; and
c
persons who are entitled, whether conditionally or unconditionally, to become members of the body corporate or to have title to an investment of a kind mentioned in sub-paragraph (a) or (b) above issued by the body corporate transferred to them but who have not yet become a member of the body corporate or, as the case may be, acquired title to the investment,
and the advertisement contains no invitation or information which would make it an investment advertisement other than an invitation or information relating to an investment of a kind described in this paragraph issued or to be issued by the body corporate or by another body corporate which is not an open-ended investment company but which is in the same group as the first body corporate.
2
Section 57 of the Act shall not apply to an investment advertisement issued or caused to be issued by an open-ended investment company if the circumstances are that the only persons to whom the advertisement is issued, other than persons to whom it may otherwise lawfully be issued, are reasonably believed by the person who issued the advertisement or who caused it to be issued to be persons who fall within any one or more of the following categories —
a
creditors or members of, or persons who are entitled to investments falling within paragraph 2, 4 or 6 of Schedule 1 to the Act issued by, the open-ended investment company; and
b
persons who are entitled, whether conditionally or unconditionally, to become members of the open-ended investment company or to have title to an investment of a kind mentioned in sub-paragraph (a) above issued by the company transferred to them but who have not yet become a member of the company or, as the case may be, acquired title to the investment,
and the advertisement contains no invitation or information which would make it an investment advertisement other than an invitation or information relating to an investment of a kind described in this paragraph issued or to be issued by the open-ended investment company.
Investment advertisements relating to relevant securities
4
1
Section 57 of the Act shall not apply to an investment advertisement issued or caused to be issued by a body corporate other than an open-ended investment company if the advertisement fulfils the conditions specified in paragraph (2) of this article and either —
a
relevant securities issued by the body corporate, or, in a case in which the body corporate is a wholly-owned subsidiary within the meaning of section 736 of the 1985 Act , by its holding company, are permitted to be traded or dealt in on a relevant EEA market or an approved securities market; or
b
the advertisement consists of or is accompanied by the whole or any part of the body corporate’s annual accounts or by the directors’ report prepared and approved under sections 234 and 234A of the 1985 Act or the corresponding Northern Ireland enactment or consists of or is accompanied by any report prepared and approved under the law of another EEA State corresponding to the said sections 234 and 234A.
2
The conditions specified in this paragraph are that the advertisement —
a
does not contain any invitation or offer to persons to underwrite, subscribe for, otherwise acquire, or dispose of any investments or advise persons so to do;
b
does not contain any invitation or offer to persons to effect any transaction with, or to make use of any services provided by, the body corporate or any person named in the advertisement in the course of any activity falling within any of paragraphs 12 to 16A of Schedule 1 to the Act in which the body corporate or the relevant person engages;
c
does not contain any information calculated to lead directly or indirectly to persons doing any of the things mentioned in section 57(2) of the Act in relation to any investment which is not a relevant security issued by the body corporate or another body corporate in the same group; and
d
in a case in which the advertisement contains information about the price at which relevant securities issued by the body corporate have been bought or sold in the past or, except where the information is restricted to a statement as to earnings per share, dividend or nominal rate of interest payable, about the yield on such securities, it states prominently a warning that past performance cannot be relied upon as a guide to future performance.
3
For the purposes of paragraph (1)(b) of this article, “annual accounts” means any of the following, that is to say —
a
accounts produced by virtue of Part VII of the 1985 Act or the corresponding Northern Ireland enactment including accounts produced by virtue of Part VII or the corresponding Northern Ireland enactment as applied by virtue of any enactment;
b
a summary financial statement prepared under section 251 of the 1985 Act ;
c
accounts delivered to the registrar under Chapter II of Part XXIII of the 1985 Act ; and
d
accounts produced or published by virtue of the law of an EEA State other than the United Kingdom which correspond to accounts falling within sub-paragraph (a), (b) or (c) of this paragraph.
Investment advertisements relating to relevant bearer securities issued by body corporate
5
1
Section 57 of the Act shall not apply to an investment advertisement which is issued or caused to be issued by a body corporate other than an open-ended investment company if the advertisement —
a
is addressed to persons entitled to relevant bearer securities issued by the body corporate or by a related body corporate;
b
contains no invitation to persons to enter into an investment agreement other than an invitation relating to relevant securities of a class which consists of or includes the relevant bearer securities or investments in respect of which the relevant bearer securities confer rights and which is capable of being accepted only by persons who are entitled to relevant securities issued by the body corporate or a related body corporate; and
c
contains no information relating to any investment which is not a relevant security issued by the body corporate or by a related body corporate.
2
Section 57 of the Act shall not apply to an investment advertisement which is issued or caused to be issued by a body corporate other than an open-ended investment company if the circumstances are that the advertisement is addressed to persons entitled to relevant bearer securities issued by the body corporate or by a related body corporate and would not otherwise be regarded as an investment advertisement but for the inclusion of information which the authorities of a relevant EEA market or an approved securities market on which relevant securities of a class which consists of or includes the relevant bearer securities are traded or dealt in require or permit be made known to the holders of securities in that class.
3
In this article —
a
the expressions “holding company” and “subsidiary” have the same meanings as in section 736 of the 1985 Act ;
b
in relation to a body corporate, the expression “related body corporate” means a body corporate which is not an open-ended investment company but which is either the holding company of or a subsidiary of the first body corporate; and
c
relevant bearer securities may be regarded as being in the same class as relevant securities which are not relevant bearer securities.
Investment advertisements issued in connection with employees’ share schemes
6
1
Section 57 of the Act shall not apply to an investment advertisement issued or caused to be issued by a body corporate, a body corporate connected with it or a relevant trustee if the only reason why it would be subject to the provisions of section 57 of the Act is because it contains an invitation made or information given for the purpose of enabling or facilitating transactions in shares in or debentures of the first mentioned body corporate between or for the benefit of any of the persons mentioned in paragraph (2) of this article or the holding of such shares or debentures by or for the benefit of any such persons.
2
The persons referred to in paragraph (1) of this article are —
a
the bona fide employees or former employees of the body corporate or of another body corporate in the same group; or
b
the wives, husbands, widows, widowers, or children (including, in Northern Ireland, adopted children) or step-children under the age of eighteen of such employees or former employees.
3
For the purposes of this article —
a
the expressions “relevant trustee”, “shares” and “debentures” have the meanings ascribed to them in paragraph 20(3) and (4) of Schedule 1 to the Act taking the reference in paragraph 20(3) to sub-paragraph (1) of that paragraph to be a reference to paragraph (1) of this article;
b
a body corporate is to be regarded as connected with another body corporate if it would be so regarded for the purposes of paragraph 20 of Schedule 1 to the Act; and
c
a group shall be treated as including any body corporate in which any member of the group holds a qualifying capital interest within the meaning of paragraph 30 of Schedule 1 to the Act.
Groups
7
Section 57 of the Act shall not apply to an investment advertisement issued or caused to be issued by one body corporate in a group to another body corporate in the same group and for these purposes a group shall be treated as including any body corporate in which a member of the group holds a qualifying capital interest within the meaning of paragraph 30 of Schedule 1 to the Act.
Joint enterprises
8
1
For the purposes of this article “joint enterprise” has the meaning given in paragraph 31 of Schedule 1 to the Act and the expression “participator” shall be construed in accordance with that paragraph.
2
Section 57 of the Act shall not apply to an investment advertisement issued or caused to be issued by a participator or potential participator in a joint enterprise to another participator or potential participator in the same joint enterprise if the only reason why the advertisement would be subject to the provisions of section 57 of the Act is because it contains an invitation or information of the kind described in section 57(2) of the Act which is made or given in connection with, or for the purposes of, the joint enterprise.
Sale of goods and supply of services
9
1
For the purposes of this article —
a
the expressions “supplier” and “related sale or supply” shall be construed in accordance with paragraph 19 of Schedule 1 to the Act and the expression “customer” shall also be construed in accordance with that paragraph except that it shall be construed as excluding references to an individual; and
b
a group shall be treated as including any body corporate in which a member of the group holds a qualifying capital interest within the meaning of paragraph 30 of Schedule 1 to the Act.
2
Subject to paragraph (3) below, section 57 of the Act shall not apply to an investment advertisement issued or caused to be issued by a supplier or a body corporate in the same group as a supplier to a customer or a body corporate in the same group as a customer if the only reason why the advertisement would be subject to the provisions of section 57 of the Act is because it contains an invitation or information of the kind described in section 57(2) of the Act which is made or given for the purposes of or in connection with the supplier selling or offering or agreeing to sell goods to the customer or supplying or offering or agreeing to supply him with services or is given for the purposes of or in connection with a related sale or supply provided that the supplier’s main business is to supply goods or services and not to engage in activities falling within Part II of Schedule 1 to the Act.
3
This article shall not apply to an advertisement which contains an invitation or information with respect to an investment falling within paragraph 6 or 10 of Schedule 1 to the Act or, so far as relevant to either of those paragraphs, paragraph 11 of that Schedule.
Overseas persons
10
1
In this article “overseas person” means a person who does not fall within section 1(3)(a) of the Act.
2
Subject to the provisions of paragraph (3) below, section 57 of the Act shall not apply to an investment advertisement which an overseas person issues or causes to be issued to another person if that other person is either —
a
a person with or for whom the overseas person has, in the course of carrying on investment business, effected or arranged for the effecting of a transaction within the period of twelve months ending with the date on which the investment advertisement was issued; or
b
a person to whom the overseas person has, in the course of carrying on such business, given advice falling within paragraph 15 of Schedule 1 to the Act within that period; or
c
a person on whose behalf the overseas person has, in the course of carrying on such business, sent, or caused to be sent, dematerialised instructions falling within paragraph 16A of Schedule 1 to the Act within that period.
3
The provisions of paragraph (2) above shall not apply unless —
a
in a case within paragraph (2)(a) above, the transaction was effected or arranged at a time when the other person was neither resident nor had a place of business in the United Kingdom; or
b
in a case within paragraph (2)(b) above, the advice was given outside the United Kingdom at a time when the other person was neither resident nor had a place of business in the United Kingdom; or
c
in a case within paragraph (2)(c) above, the dematerialised instruction was sent, or caused to be sent, when the other person was neither resident nor had a place of business in the United Kingdom; or
d
in a case within paragraph (2)(a), (b) or (c), if the transaction was effected or arranged or the advice was given or the dematerialised instruction was sent or caused to be sent otherwise than in the circumstances described in whichever is relevant of sub-paragraph (a), (b) or (c) of this paragraph, the overseas person had, on a previous occasion and in the course of carrying on investment business —
i
effected or arranged for the effecting of a transaction with or for the other person in the circumstances described in sub-paragraph (a) of this paragraph; or
ii
given the other person advice falling within paragraph 15 of Schedule 1 to the Act in the circumstances described in sub-paragraph (b) of this paragraph; or
iii
sent or caused to be sent, on behalf of the other person a dematerialised instruction falling within paragraph 16A of Schedule 1 to the Act in the circumstances described in sub-paragraph (c) of this paragraph.
Advertisements issued to persons sufficiently expert to understand the risks involved
11
1
In this article “relevant person” means a person who is not an authorised person and who is not unlawfully carrying on investment business in the United Kingdom.
2
Section 57 of the Act shall not apply to an investment advertisement issued or caused to be issued by a relevant person if either —
a
in the case of an advertisement which takes the form of a document, the only persons, other than persons to whom the advertisement may otherwise lawfully be issued, to whom the relevant person issues or causes the advertisement to be issued are persons whom he reasonably believes to be persons of a kind described in paragraph (3) below and, in a case in which a person is described in paragraph (3) below as acting in a particular capacity, the advertisement was issued to that person in that capacity; or
b
in any other case, the relevant person reasonably believes that the means by which the advertisement is issued are such that it will not generally be made available except to persons to whom the advertisement may otherwise lawfully be issued or who are of a kind described in paragraph (3) below and, in a case in which a person is described in paragraph (3) below as acting in a particular capacity, the relevant person intended the advertisement to be received by him in that capacity.
3
A person falls within this paragraph if he is either —
a
an authorised person; or
b
an exempted person; or
c
a person who is acting in the course of a business or employment which involves the dissemination of information concerning investments or activities of the kind described in Part II of Schedule 1 to the Act through newspapers, journals, magazines or other periodical publications or by way of sound broadcasting or television; or
d
a government, local authority or public authority within the meaning of Note 1 to paragraph 3 of Schedule 1 to the Act; or
e
a body corporate or an unincorporated association which either —
i
if it is a body corporate and has more than 20 members or is the subsidiary of a holding company which has more than 20 members, it, or any of its holding companies or subsidiaries, has a called up share capital or net assets of not less than £500,000; or
ii
if it is a body corporate other than one described in sub-paragraph (e)(i) above, it or any of its holding companies or subsidiaries has a called up share capital or net assets of not less than £5 million; or
iii
if it is an unincorporated association, it has net assets of not less than £5 million; or
f
a person who holds a permission granted under paragraph 23 of Schedule 1 to the Act; or
g
a person acting in his capacity as a director, officer or employee of a person of a kind described above in this paragraph being a person whose responsibilities, when acting in that capacity, involve him engaging in activities which fall within Part II of Schedule 1 to the Act or which would fall within that Part were it not for the provisions of Part III of that Schedule; or
h
any trustee of a trust where the aggregate value of the cash and investments which form part of the trust’s assets (before deducting the amount of its liabilities) is £10 million or more or has been £10 million or more at any time during the previous two years.
4
In paragraph (3) above, the expression “net assets” has the meaning assigned to it in section 264 of the 1985 Act.
Advertisements relating to matters of common interest
12
1
Subject to the provisions of paragraph (2) of this article, section 57 of the Act shall not apply to an investment advertisement which contains an invitation made or information given with respect to shares in or debentures of a private company if the advertisement —
a
states expressly that the only persons who may enter into or offer to enter into any agreement for or with a view to subscribing for shares in or debentures of the company on the basis of any invitation or information contained in the advertisement or any such agreement which might reasonably be expected to be entered into, directly or indirectly, as a result of the advertisement are within an identified group of persons who, at the time the advertisement was issued, might reasonably be regarded as having an existing and common interest with each other and with the company in the affairs of the company and in what is to be done with the proceeds of the offer; and
b
the advertisement complies with the requirements of Schedule 4 to this Order.
2
For the purposes of paragraph (1) above persons shall not be regarded as having an interest of the kind described in that paragraph if the only reason why they would be so regarded is because —
a
they will have such an interest if they become members or creditors of the company; or
b
they are persons all of whom carry on a particular trade or profession; or
c
they are persons with whom the company has an existing business relationship whether by reason of their being its clients, customers, contractors or suppliers or otherwise.
Advertisements by trustees or personal representatives
13
Section 57 of the Act shall not apply to an investment advertisement issued or caused to be issued by a person when acting as a trustee or a personal representative to —
a
a fellow trustee or personal representative if the advertisement is issued for the purposes of the trust or estate; or
b
a beneficiary under the trust, will or intestacy if the advertisement concerns his interest in the trust fund or estate.
Advertisements issued by operators of schemes recognised under section 87 or 88 of the Act
14
Section 57 of the Act shall not apply to an investment advertisement issued or caused to be issued by a person who is not an authorised person but who is the operator of a scheme recognised under section 87 or 88 of the Act to persons in the United Kingdom who are participants in a scheme recognised under section 87 or 88 of the Act which is operated by the person by or to whose order the advertisement is issued if the only reason why the advertisement would be subject to the provisions of section 57 of the Act is because it contains an invitation or information relating to that recognised scheme or to units in it.
Publications and programmes containing investment advice
15
Section 57 of the Act shall not apply to an investment advertisement if the only reason why section 57 would otherwise apply to the advertisement is that it contains an invitation or information of the kind described in section 57(2) of the Act relating —
a
to a newspaper, journal, magazine or other periodical publication which contains advice to which paragraph 15 of Schedule 1 to the Act does not apply by virtue of the provisions of paragraph 25 of that Schedule; or
b
to a programme which contains advice to which paragraph 15 of Schedule 1 to the Act does not apply by virtue of the provisions of paragraph 25A of that Schedule
Advertisements by certain markets
16
1
Section 57 of the Act shall not apply to an investment advertisement which is issued or caused to be issued by a market which is a relevant EEA market or is established under the rules of an investment exchange specified in Schedule 2 or 3 to this Order, if the only reason why section 57 would otherwise apply to the advertisement is that it contains information relating to the facilities provided by the relevant market.
2
For the purposes of paragraph (1) of this article, information which identifies a particular investment as one which may be traded or dealt in on a market or which identifies particular persons as persons through whom transactions on a market may be effected shall not be regarded as information relating to the facilities provided by the relevant market.
Management companies
17
Section 57 of the Act shall not apply to an investment advertisement if the only reason why that section would otherwise apply to the advertisement is that it contains an invitation or information relating to an investment falling within paragraph 1 of Schedule 1 to the Act issued or to be issued by a private company established for the purpose of managing the common parts or the fabric of property used for residential or business purposes or of supplying services to such property being an investment which is to be acquired in connection with the acquisition of an interest in the property in question.
Advertisements in respect of the Parliamentary Commissioner for Administration
18
Section 57 of the Act shall not apply in respect of any advertisement issued or caused to be issued by any person for the purpose of enabling any injustice stated by the Parliamentary Commissioner for Administration in a report under section 10 of the Parliamentary Commissioner Act 1967 to have occurred, to be remedied with respect to the person to whom the advertisement is issued.
Revocations
19
The Financial Services Act 1986 (Investment Advertisements) (Exemptions) Order 1995 is hereby revoked.
Simon Burns
Michael Bates
Two of the Lords Commissioners of Her Majesty’s Treasury
19th June 1996


text:
1
This Order may be cited as the Criminal Appeal Act 1995 (Commencement No. 2) Order 1996.
2
For the purposes of making recommendations and appointments under section 8 of and paragraph 1 of Schedule 1 to the Criminal Appeal Act 1995, that section and paragraphs 1 and 2 of that Schedule shall come into force on 12th December 1996.
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Home Office
4th December 1996


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Local Government (Compensation for Redundancy) (Amendment) Regulations 1996 and shall come into force on 20th March 1996 but regulations 2 to 5 shall have effect as from 28th December 1994.
2
In these Regulations “the 1994 Regulations ” means the Local Government (Compensation for Redundancy) Regulations 1994 .
Interpretation
2
Regulation 2 of the 1994 Regulations is amended —
a
by inserting before the definition of “eligible employee” the following —
“continuous employment” means a period of employment computed in accordance with the provisions of section 151 of and Schedule 13 to the Employment Protection (Consolidation) Act 1978 as modified by the Redundancy Payments (Local Government) (Modification) Order 1983 .
;
b
in the definition of “eligible employee” by adding the following —
or;
c
a person who on the material date is a member of the occupational pension scheme constituted by the 1995 Regulations or is eligible to be a member or would be eligible but for the fact that he is not eligible under regulation B2(2) of the 1995 Regulations;
;
c
in the definition of “employing body” by inserting —
i
after the words “the Local Government Superannuation Regulations 1986” the words “an LGPS employer within the meaning of the 1995 Regulations”; and
ii
after the words “the Local Government (Wales) Act 1994” the words “or a National Park authority in Wales”;
d
by inserting before the definition of “the prescribed period” the following —
“material date” in relation to an eligible employee means the date upon which he ceases to hold the employment which ceases as described in regulations 3(a), 5(a) or 13(a);
“National Park authority in Wales” means the authority established for a National Park in Wales by article 3 of the National Park Authorities (Wales) Order 1995 ;
“the 1986 Regulations ” means the Local Government Superannuation Regulations 1986 ;
“the 1995 Regulations” means the Local Government Pension Scheme Regula tions ;
;
e
in the definition of “the prescribed period” by substituting for the date “31st March 1997” the date “30th September 1997”;
f
by inserting before the definition of “relevant body” the following —
“qualifying employment” in relation to an eligible employee means a period of employment with an employer in relation to which the employing body is satisfied that the employee —
was in local government employment within the meaning of the 1995 Regulations or would have been treated as being in local government employment but for a relevant disqualification; or
was in pensionable employment within the meaning of the Teachers Superannuation (Consolidation) Regulations 1988 or was in employment which would have been pensionable employment but for a relevant disqualification; or
was in pensionable employment within the meaning of the National Health Service Pension Scheme Regulations 1995 or was in employment which would have been pensionable employment but for a relevant disqualification,
but excludes —
periods of employment in an independent school within the meaning given in section 114(1) of the Education Act 1944 ; and
any period in relation to which a pension or other benefits (other than a refund of contributions) under the qualifying scheme are being or have been paid;
“qualifying scheme” means an occupational pension scheme under which qualifying employment accrues or is deemed to accrue;
;
g
in the definition of “relevant body” by adding the words “and for the purposes of this definition as it applies in Wales, a National Park authority in Wales shall be treated as if it were a body referred to in that section”;
h
by inserting after the definition of “relevant body” the following —
“relevant disqualification” means —
the failure of any medical examination required for membership of the qualifying scheme in question;
the requirement that a manual worker should have completed any period of continuous employment before he may become a member of the Scheme;
the making of any election to opt out of or the absence of an election to opt into membership of the qualifying scheme in question with respect to any period;
any restriction on part-time employment being pensionable employment;
the fact that, where the employment is part-time, the person has not elected that it should be pensionable; or
the fact that a person is not eligible to be a member of the Scheme under regulation B2(2) of the 1995 Regulations,
in consequence of one or more of which (either individually or cumulatively) that person has not become or has ceased to be or has not been treated as being eligible for the qualifying scheme in question;
“the Scheme” has the same meaning as in the 1995 Regulations;
“a week’s pay” shall be calculated in accordance with the provisions of Schedule 14 to the Employment Protection (Consolidation) Act 1978 but, for the purposes of these Regulations, the calculation date shall be the material date and the schedule shall be applied as if paragraph 8(1)(c) has been repealed.
;
i
by deleting the definitions of “remuneration” and “special service”.
Part II
3
Part II of the 1994 Regulations is amended —
a
in regulation 3 —
i
in sub-paragraph (c) by substituting for the words “reckonable service and qualifying service amounting in aggregate” the words “qualifying employment amounting”; and
ii
by inserting after sub-paragraph (d) the following —
; and
is not a person who has entered into an agreement as is mentioned in section 142(2) of the Employment Protection (Consolidation) Act 1978 to exclude any right to a redundancy payment under Part VI of that Act and on whose cessation of employment on the material date such exclusion takes effect.
; and
b
in regulation 4 —
i
in paragraph (1) by substituting for the word “within” the words “no later than”;
ii
by substituting for the words “reckonable service” where they appear in paragraphs (3) and (4) the words “qualifying employment”;
iii
by deleting the words “on or” where they appear in paragraphs (3)(a) and (4)(a) and where they appear for the second time in paragraphs (3)(b) and (4)(b);
iv
by substituting for the word “remuneration” where it appears the word “pay”;
v
by substituting for the word “aggregate” where it appears the word “total”; and
vi
by adding the following after paragraph (5) —
6
Subject to paragraph (8), for the purpose of calculating the compensation payable to a person under this Part, the employing body shall not include in the calculation any years of qualifying employment or continuous employment which it or a previous employing body or relevant body has taken into account for the purpose of calculating compensation which has been paid previously to the person under these Regulations or other regulations made under section 24 of the Superannuation Act 1972.
7
Subject to paragraph (8), no period of qualifying employment which has been taken into account in calculating compensation paid under this Part may be taken into account for the purposes of calculating compensation to be paid under these Regulations or other regulations made under section 24 of the Superannuation Act 1972.
8
A period of qualifying employment of a person with an employing body which is concurrent with a continuous or qualifying employment with that employing body or another employing body may be included in the calculation of qualifying employment under this Part by that employing body.
.
Part III
4
The 1994 Regulations are amended by substituting for Part III the following —
Part III
Persons to whom this Part applies
5
This Part applies to an eligible employee who —
a
ceases during the prescribed period to hold his employment with a relevant body by reason of redundancy or in the interests of the efficient exercise of that body’s functions; and
b
meets the prescribed conditions.
Prescribed conditions
6
1
The provisions of the next subsequent paragraphs are the prescribed conditions for the purposes of regulation 5.
2
The first condition is that the person is not entitled to have his case considered for the payment of compensation within the meaning of Part I of Schedule 2 to the 1982 Regulations.
3
The second condition is that the person has on the material date —
a
attained the age of 18 years but has not attained the age of 50 years, and is entitled to count continuous or qualifying employment amounting in total to not less than 2 years; or
b
has attained the age of 50 years.
4
The third condition, which applies only to the case of a person who ceases to be employed by a relevant body in Wales in circumstances under which he is otherwise entitled to payment under these Regulations, is that —
a
where the relevant body is an old authority as defined in section 64(1) of the Local Government (Wales) Act 1994, the body which is specified in the Schedule to these Regulations as the successor in relation to that relevant body certifies to the relevant body that —
i
the person would otherwise be entitled to payment under these Regulations; and
ii
the loss of employment is attributable to any provision made by or under the Local Government (Wales) Act 1994 or Part III of the Environment Act 1995 ; or
b
where the relevant body is a county council or county borough council established under the Local Government (Wales) Act 1994 or the Residuary Body for Wales established under section 39 of that Act or a National Park authority in Wales, it certifies that the loss of employment is attributable to any provision made by or under that Act of 1994 or, as the case may be, Part III of the Environment Act 1995.
5
The fourth condition is that he is not a person who has entered into an agreement as is mentioned in section 142(2) of the Employment Protection (Consolidation) Act 1978 to exclude any right to a redundancy payment under Part VI of that Act and on whose cessation of employment on the material date such exclusion takes effect.
Computation of compensation
7
1
No later than six months after the material date a relevant body —
a
shall determine to pay the compensation prescribed in regulation 8(2) to a person who meets the requirements of regulation 8(1);
b
may determine to pay the compensation prescribed in regulation 8(5) to a person who meets the requirements of regulation 8(1);
c
may determine to pay the compensation prescribed in regulation 9 to a person who meets the requirements of regulation 9(1);
d
may determine to pay the compensation prescribed in regulation 10 to a person who meets the requirements of regulation 10(1); and
e
may determine to pay the compensation prescribed in regulation 11 to a person to whom they have determined to pay the compensation prescribed in regulation 9 or 10 as the case may be.
2
In any case in which regulation 6(4)(a) applies, the reference in paragraph (1) to the relevant body shall, after 31st March 1996, be a reference to the body which is specified in the Schedule as the successor in relation to that relevant body.
3
Where —
a
in accordance with paragraphs (1) and (2), a payment is to be made by a successor relevant body, and
b
the area of the old authority as referred to in regulation 6(4)(a) is divided among two or more new local government areas by the Local Government (Wales) Act 1994
no compensation shall be paid by the successor relevant body under sub-paragraphs (b), (c), (d) or (e) of paragraph (1) unless the council of each such other new local government area has consented to the payment.
General mandatory compensation and additional discretionary compensation
8
1
This regulation applies to a person to whom this Part applies and who, on the material date,
a
has attained the age of 18 years but has not attained the age of 50 years and who is entitled to count continuous or qualifying employment amounting in total to not less than 2 years; or
b
has attained the age of 50 years and who is entitled to count continuous or qualifying employment amounting in total to less than 2 years.
2
The compensation payable under regulation 7(1)(a) shall be an amount equal to the lesser of —
a
a sum equivalent to 66 weeks' pay; or
b
the relevant total sum referred to in paragraphs (3) and (4).
3
In the case of cessation of employment before the age of 23 the relevant total sum shall be —
a
a sum equivalent to one half week’s pay for each complete year of continuous employment after the attainment of age 18; and
b
where such cessation is on or after the attainment of age 20, a sum equivalent to one half week’s pay for each complete year of continuous employment after the attainment of age 20.
4
In the case of cessation of employment on or after the attainment of age 23, the relevant total sum shall be —
a
a sum equivalent to two weeks' pay for each complete year of continuous employment after the attainment of age 18; and
b
where such cessation is on or after the attainment of age 41, a sum equivalent to three weeks' pay for each complete year of continuous employment after the attainment of age 41.
5
The compensation which may be payable under regulation 7(1)(b) is such sum when aggregated with the compensation payable under regulation 7(1)(a) shall not exceed the lesser of —
a
a sum equivalent to 66 weeks' pay; or
b
the relevant total sum calculated in accordance with the formula set out in paragraphs (3) or (4) as applicable but with the substitution for the words “continuous employment” of the words“qualifying employment”.
Discretionary compensation for certain persons
9
1
This regulation applies to a person to whom this Part applies and who —
a
ceases employment on or after the attainment of age 50; and
b
is entitled to count continuous or qualifying employment amounting in total to 2 or more but less than 5 years.
2
The compensation which may be payable under regulation 7(1)(c) shall be the relevant total sum calculated in accordance with paragraph (3);
3
The relevant total sum shall be —
a
a sum equivalent to one and one half weeks' pay for each complete year of continuous employment after the attainment of age 18;
b
a sum equivalent to two and one half weeks' pay for each complete year of continuous employment after the attainment of age 41; and
c
a sum equivalent to one half week’s pay.
4
No payment shall be made to a person under this regulation unless —
a
the person gives written consent to such payment after receipt of the written notification referred to in regulation 15; and
b
he waives his right to the immediate payment of benefits under regulation E2(1)(b)(iii) and (4) of the 1986 Regulations or, by notice in writing under regulation D6(3) of the 1995 Regulations, under regulation D6(1) of those Regulations.
Discretionary compensation for certain persons
10
1
This regulation applies to a person to whom this Part applies and who —
a
ceases employment on or after the attainment of age 50; and
b
is entitled to count continuous or qualifying employment amounting in total to not less than 5 years.
2
The compensation which may be payable under regulation 7(1)(d) to a person shall be an amount equal to the lesser of —
a
a sum equivalent to 45 weeks' pay; or
b
the relevant total sum calculated in accordance wtih regulation 9(3);
3
If a relevant body determines to pay to a person the compensation prescribed in this regulation they shall not credit that person with a period of service under regulation 5(1) of the 1982 Regulations.
Discretionary compensation
11
1
The compensation which may be payable under regulation 7(1)(e) is such sum which when aggregated with the compensation payable under regulations 9 or 10 as the case may be, shall not exceed the relevant maximum.
2
In paragraph (1), “relevant maximum” means the lesser of —
a
a sum equivalent to 66 weeks' pay; or
b
the total of —
i
a sum equivalent to 2 weeks' pay for each complete year of qualifying employment after the attainment of age 18; and
ii
a sum equivalent to 3 weeks' pay for each complete year of qualifying employment after the attainment of age 41.
Offset of redundancy payment and other payments
12
1
From the total sum payable to a person to whom this Part applies there shall be deducted an amount equivalent to any redundancy payment made to that person.
2
Subject to paragraph (4), for the purpose of calculating the compensation payable to a person under this Part, the relevant body shall not include in the calculation any years of continuous or qualifying employment which it or a previous employing body or relevant body has taken into account for the purpose of calculating compensation which has been paid previously to the person under these Regulations or the 1982 Regulations.
3
Subject to paragraph (4), no period of continuous or qualifying employment which has been taken into account in calculating compensation paid under this Part may be taken into account for the purposes of calculating compensation to be paid under these Regulations or other regulations made under section 24 of the Superannuation Act 1972.
4
A period of continuous or qualifying employment of a person with a relevant body which is concurrent with a continuous or qualifying employment with that relevant body or another employing body may be included in the calculation of qualifying employment under this Part by that relevant body.
.
Schedule
5
The 1994 Regulations are amended by adding the following as a schedule —
SCHEDULE
SUCCESSOR RELEVANT BODIES IN WALES
(Regulation 6(4)(a))
Successor Authority Old Authority
Aberconwy and Colwyn County Borough Council Aberconwy Borough Council and Colwyn Borough Council Anglesey County Council Ynys Môn — Isle of Anglesey Borough Council Blaenau Gwent County Borough Council Blaenau Gwent Borough Council Bridgend County Borough Council Ogwr Borough Council Caernarfonshire and Merionethshire County Council Arfon Borough Council, Cyngor Dosbarth Dwyfor, Meirionnydd District Council and Gwynedd County Council Caerphilly County Borough Council Islwyn Borough Council and Rhymney Valley District Council Cardiff County Council Cardiff City Council and South Glamorgan County Council Cardiganshire County Council Cyngor Dosbarth Ceredigion Carmarthenshire County Council Carmarthen District Council, Dinefwr Borough Council, Llanelli Borough Council and Dyfed County Council Denbighshire County Council Rhuddlan Borough Council and Glyndŵr District Council Flintshire County Council Delyn Borough Council, Alyn and Deeside District Council and Clwyd County Council Merthyr Tydfil County Borough Council Merthyr Tydfil Borough Council Monmouthshire County Council Monmouth Borough Counci Neath and Port Talbot County Borough Council Neath Borough Council and Port Talbot Borough Council Newport County Borough Council Newport Borough Council and Gwent County Council Pembrokeshire County Council Preseli Pembrokeshire District Council and South Pembrokeshire District Council Powys County Council Brecknock Borough Council, Radnorshire District Council, Montgomeryshire District Council and Powys County Council Rhondda, Cynon, Taff County Borough Council Cynon Valley Borough Council, Taff-Ely Borough Council, Rhondda Borough Council and Mid Glamorgan County Council Swansea County Council Swansea City Council, Lliw Valley Borough Council and West Glamorgan County Council Torfaen County Borough Council Torfaen Borough Council The Vale of Glamorgan County Borough Council Vale of Glamorgan Borough Council Wrexham County Borough Council Wrexham Maelor Borough Council
Eligibility for Part III of the 1994 Regulations
6
Regulation 6 of the 1994 Regulations is further amended by adding the following —
6
The fifth condition is that —
a
the person has not been made an offer as set out in section 82(3) of the Employment Protection (Consolidation) Act 1978 (as modified by the Redundancy Payments (Local Government) (Modification) Order 1983); or
b
if he has been made such an offer —
i
in circumstances where the conditions in subsection (5)(a) and (b) of that section apply, he must have reasonably refused that offer; or
ii
in circumstances where the conditions of subsection (6) of that section apply and he enters into a trial period as referred to in that subsection, he must have reasonably terminated the contract or have reasonably given notice to terminate it where the contract is, in consequence, terminated.
.
Retrospective effect
7
1
Nothing in these Regulations shall place any person who is qualified to participate in the benefits for which the 1994 Regulations provide in a worse position than he would have been in if these Regulations had been framed so as to have effect only from the date of their making.
2
Where, before the date on which these Regulations are made, a person has been given by his employer an estimate in writing of the compensation his employer intended to make to him under the 1994 Regulations on a date after the date these Regulations are made and the effect of the amendments made by —
a
regulation 2(a), (f), (h) or (i); or
b
the substitution for the words “reckonable service” and “qualifying service” of the words“continuous employment” or “qualifying employment” as the case may be
is to place the person in a worse position than he would have been in had such amendments not been made then the 1994 Regulations shall be applied in respect of the compensation payable to such person as if such amendments had not been made.
Signed by authority of the Secretary of State
Paul Beresford
Parliamentary Under Secretary of State,
Department of the Environment
28th February 1996


text:
1
This Order may be cited as the A1 Trunk Road (Barnet) (50mph Speed Limit) Order 1996 and shall come into force on 19th February 1996.
2
No person shall drive any motor vehicle at a speed exceeding 50 miles per hour on the length of road specified in the Schedule to this Order.
3
The Trunk Roads (Speed Limits) ( No. 1) Order 1972 , shall be varied so that paragraph 1 of Schedule 2 shall not apply to the length of the road specfied in the Schedule to this Order.
Signed by authority of the Secretary of State for Transport
R. T. Thorndike
Director Highways Agency London Network Management Division
12th February 1996


text:
1
These Regulations may be cited as the Civil Aviation Authority (Amendment) Regulations 1996 and shall come into force on 1st July 1996.
2
Paragraph (a) of regulation 21 of the Civil Aviation Authority Regulations 1991 shall be omitted.
Signed by authority of the Secretary of State
Goschen
Parliamentary Under-Secretary of State,
Department of Transport
10th June 1996


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the 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 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 9(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 9(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 9(2) there shall be inserted the following paragraph —
2A
In the case of a return period which begins before but includes 6th April 1996, the amount of income tax for which a relevant company is to be accountable pursuant to paragraph (1) above for that return period shall be ascertained after considering the period before 6th April 1996 separately from the period after 5th April 1996; and “income tax on the aggregate amount of excess gilt interest received” in paragraphs (2) and (3) of regulation 10 and “income tax nominally attributable to the amount of excess gilt interest paid” in regulations 11(2) and 12(2) shall be construed accordingly.
6
In regulations 13(2), 13(7), 14(2), 14(7) and 14(12) 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:
Commencement and citation
1
These Regulations may be cited as the Road Vehicles Lighting (Amendment) Regulations 1996 and shall come into force on 1st July 1997.
Preliminary
2
The Road Vehicles Lighting Regulations 1989 shall be amended in accordance with the following provisions of these Regulations.
Modifications in relation to vehicles approved under the Motor Vehicles (Approval) Regulations 1996
3
After regulation 9A, there shall be inserted the following regulation —
Modifications in relation to vehicles approved under the Motor Vehicles (Approval) Regulations 1996
9B
1
In this regulation —
“the Approval Regulations ” means the Motor Vehicles (Approval) Regulations 1996 ;
“coefficient of luminous intensity” has the same meaning as in ECE Regulation 3.01;
“ECE Regulation 3.01” means Regulation 3 (with the amendments in force on 20th March 1982), annexed to the Agreement concerning the adoption of uniform conditions of approval for Motor Vehicles Equipment and Parts and reciprocal recognition therefor concluded at Geneva on the 20th March 1958 to which the United Kingdom is a party ;
“passenger vehicle approval certificate” means a Minister’s approval certificate in the form prescribed by the Approval Regulations which appears to have been issued on the basis that the vehicle is a vehicle to which Part II of those Regulations applies;
“relevant vehicle” means a vehicle —
in respect of which a passenger vehicle approval certificate containing the letter “P” has been issued pursuant to regulation 12(2)(b) of the Approval Regulations; or
which is a “transitional provision vehicle” as defined by Schedule 6 to the Approval Regulations in respect of which a passenger vehicle approval certificate containing the letter “A” has been issued pursuant to regulation 12(2)(c) of the Approval Regulations;
“standard mark” means a mark which when applied to a lamp, reflector or device indicates compliance with the requirements of a particular instrument; and a reference to the instrument to which a standard mark relates shall be construed accordingly.
2
The requirements of the Schedules to these Regulations, so far as they require any lamp, reflector or device to bear a particular standard mark (or one of two or more standard marks), shall not apply to a lamp, reflector or device if it is fitted to a relevant vehicle and —
a
in the case of a lamp or device, it meets the requirements as to intensity; and
b
in the case of a reflector, it meets the requirements as to coefficient of luminous intensity,
of the instrument to which the standard mark (or as the case may be one of those standard marks) relates.
3
The requirements of these Regulations so far as they require headlamps (including a filament lamp fitted to a headlamp) fitted to a vehicle to bear a particular standard mark (or one of two or more standard marks) shall not apply to the headlamps fitted to a relevant vehicle if they emit sufficient light to illuminate the road in front of the vehicle on both main beam and dipped beam.
4
Table 1 of Schedule 1 shall apply to a vehicle in respect of which a passenger vehicle approval certificate has been issued as if the entry that relates to dim-dip devices and running lamps were omitted.
5
Paragraph (5) (markings) of Part I of Schedule 7 shall apply to a vehicle in respect of which a passenger approval certificate has been issued as if the vehicle were of a description falling within sub-paragraph (b) of that paragraph.
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
These Regulations may be cited as the Local Government Changes for England (Direct Labour and Service Organisations) (Amendment) Regulations 1996 and shall come into force on 12th August 1996.
2
In these Regulations —
“the 1994 Regulations ” means the Local Government Changes for England (Direct Labour and Service Organisations) Regulations 1994 ;
“the 1992 Act”, “order”, “order date” and “relevant authority” have the same meanings as in the 1994 Regulations; and
“relevant direction” means a direction given under section 13 of the 1992 Act (duty to conduct reviews and make recommendations) on or after 17 May 1995.
Amendment of 1994 Regulations
2
1
In regulation 2 of the 1994 Regulations (interpretation), in the definition of “relevant order”, for “17th May 1995” substitute “12th August 1996”.
2
Where an order giving effect to recommendations made by the Local Government Commission in pursuance of a relevant direction is made before 12th August 1996, the 1994 Regulations shall have effect, in relation to a relevant authority, as if any reference to the order date were a reference to 12th August 1996.
Signed by authority of the Secretary of State for the Environment
Parliamentary Under Secretary of State,
Department of the Environment
18th July 1996


text:
Citation and commencement
1
This Order may be cited as the Social Security (Reciprocal Agreements) Order 1996 and shall come into force on 7th October 1996.
Modification or adaptation of Acts
2
The Social Security Administration Act 1992, the Social Security Contributions and Benefits Act 1992 and the Jobseekers Act 1995 shall be modified or adapted to such extent as may be required to give effect to the alterations set out in Schedule 1 to this Order which are proposed to the agreements set out in the Orders in Council specified in Schedule 2 to this Order.
N. H. Nicholls
Clerk of the Privy Council