text:
Citation
1
These Regulations may be cited as the Home Energy Efficiency Grants (Amendment) Regulations 1996.
Commencement
2
Regulation 4(2) shall come into force on 7th October 1996 and all other regulations shall come into force on 1st April 1996.
Amendments
3
The Home Energy Efficiency Grants Regulations 1992 shall be amended in accordance with the following regulations.
Person who may apply for grant
4
1
For regulation 3(1)(b) (persons who may apply for grant) substitute —
b
who at the time of making the application has, or lives with a spouse who has, attained the age of 60; or
c
who at the time of making the application is, or lives with a spouse who is, in receipt of an attendance allowance, a disability living allowance (as provided for in Part III of the 1992 Act), a disability working allowance, council tax benefit, family credit, housing benefit or income support (each as provided for in Part VII of the 1992 Act); or
d
who at the time of making the application is, or lives with a spouse who is, in receipt of a war disablement pension and
i
a mobility supplement or a payment intended to compensate for the non-payment of such a supplement; or
ii
a payment made under regulations made under paragraph 7(2)(b) of Schedule 8 to the 1992 Act (constant attendance allowance).
.
2
In regulation 3(1)(c) after “1992 Act)” insert “or an income-based jobseeker’s allowance (within the meaning of the Jobseekers Act 1995) ”.
3
In regulation 3(2) —
a
before the definition of householder insert —
“an attendance allowance” means —
an attendance allowance under Part III of the 1992 Act;
an increase of an allowance which is payable in respect of constant attendance under a scheme under, or having effect under, paragraph 4 of Part I of Schedule 8 to the 1992 Act ;
a payment made under article 14, 15, 16, 43 or 44 of the Personal Injuries (Civilians) Scheme or any analogous payment;
any payment based on need for attendance which is paid with a war disablement pension; or
any payment intended to compensate for the non-payment of any payment, allowance or pension mentioned in sub-paragraphs (a) to (d) of this definition;
;
b
at the end of the definition of householder omit “and”;
c
after the definition of householder insert —
“mobility supplement” means a mobility supplement under —
article 26A of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 (including such a supplement payable by virtue of the application of that article by any other scheme or order); or
under article 25A of the Personal Injuries (Civilians) Scheme 1983 (including that article as applied by article 48A of that Scheme) ; and
; and
d
after the definition of spouse insert —
“war disablement pension” means —
a war disablement pension within the meaning of section 139(11) of the Social Security Administration Act 1992 ; and
a war disablement pension under article 10 of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 (so far as that Order is made otherwise than under the Air Force (Constitution) Act 1917 ); and
.
Grant applications
5
In regulation 4(3) (application for grant) —
a
in paragraphs (a) and (b) for “in a case where the applicant proposes to carry out the works himself” substitute “in a case where the applicant proposes that the works will not be carried out, or arranged to be carried out, by an eligible contractor”; and
b
for paragraph (e)(ii) substitute “(ii) the applicant specified the name of an eligible contractor as required by regulation 4(3)(a)”.
Procedure after applying to network installer
6
In regulation 7(3)(b)(i) (procedure after applying to network installer) omit —
a
“the contributions as specified in column 2 of the table in regulation 9 together with”; and
b
“and the contribution”.
Procedure after applying to agency
7
In regulation 8(2) (procedure after applying to administering agency) for “Except in a case where the applicant proposes to carry out the works himself” substitute “Except in a case where the applicant proposes that someone who is not an eligible contractor will carry out or arrange to carry out the works”.
Calculating size of grant
8
In regulation 9 (calculation of size of grant) —
a
in paragraph (1) —
i
at the beginning insert “Subject to paragraph 4,”;
ii
for the heading in column 2 of the table substitute “ Work not carried out or arranged by eligible contractor ”; and
iii
in the heading in column 3 of the table substitute “ Work carried out or arranged by eligible contractor ”;
b
in paragraph (2) for “Where the work is carried out by the applicant” substitute “Where the work is not carried out or arranged to be carried out by an eligible contractor”; and
c
at the end insert —
4
Where the applicant meets the condition in regulation 3(1)(b), but not the condition in regulation 3(1)(c) or (d), paragraphs (1) to (3) above shall apply as if the reference to the table were to the following table —
(1) (2) (3) Work under regulation Work not carried out or arranged by eligible contractor Work carried out or arranged by eligible contractor
5(1)(a) £40.18 £49.68 5(1)(b) £22.63 £32.13 5(1)(c) £62.75 £76.25 5(1)(d) No grant available £10.00
.
Claiming and paying grant
9
In regulation 10 (claim for and payment of grant) —
a
in paragraph (1) —
i
in sub-paragraph (a) for “by the applicant himself” substitute “by any other person”; and
ii
in sub-paragraph (d)(ii) for “where the applicant carried out the work himself” substitute “where an eligible contractor did not carry out or arrange to carry out the work”; and
b
in paragraph (4) for “where the work has been carried out by the applicant himself” substitute “where the work has not been carried out or arranged to have been carried out by an eligible contractor”.
Buildings in multiple occupation: procedure after application
10
In regulation 13(1) (buildings in multiple occupation: procedure after application) omit the words after “regulation 4”.
Application
11
Any amendment made by these Regulations shall not have effect in a case where an application has been made under regulation 4 of the Home Energy Efficiency Grants Regulations 1992 (application for a grant to administering agency) before the amendment comes into force.
Signed by authority of the Secretary of State
Robert Jones
Minister of State,
Department of the Environment
5th March 1996
We consent,
Simon Burns
Michael Bates
Two of the Lords Commissioners of Her Majesty’s Treasury
6th March 1996


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Rochdale Healthcare National Health Service Trust (Establishment) Amendment Order 1996, and shall come into force on 6th April 1996.
Amendment of Establishment Order
2
In Article 3 of the Rochdale Healthcare National Health Service Trust (Establishment) Order 1991 (functions of the trust) —
a
in paragraph (1) for “section 5(1)(a)” there shall be substituted “section 5(1)(b)”;
b
in sub-paragraph (a) of paragraph (2) for “own and manage” there shall be substituted “provide and manage”; and
c
in sub-paragraph (b) of paragraph (2) for “to own” there shall be substituted “to provide”.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State,
Department of Health
27th March 1996


text:
Title, commencement and extent
1
1
This Order may be cited as the Deregulation (Improvement of Enforcement Procedures) (Food Safety Act 1990) Order 1996 and shall come into force on 19th July 1996.
2
This Order extends to Great Britain.
Interpretation
2
In this Order, “ the Act ” means the Food Safety Act 1990 and the expressions “authorised officer”, “enforcement authority”, “food business”, “improvement notice” and “proprietor” have the meaning which they bear in section 10 of the Act.
Improvement of enforcement procedures
3
Before an authorised officer of an enforcement authority serves an improvement notice on the proprietor of a food business under section 10 of the Act, the officer–
a
shall give to the proprietor a written notice stating–
i
that he is considering serving an improvement notice and the reasons why he is considering serving such a notice; and
ii
that the proprietor may, within the period specified in the notice for making representations, either make written representations to the officer or, if the proprietor so requests within the period specified in the notice for making such request, make oral representations to the officer in the presence of a senior officer of the enforcement authority; and
b
shall consider any representations which are duly made and not withdrawn.
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
28th June 1996


text:
Commencement and citation
1
These Regulations may be cited as the Local Authorities (Capital Finance) (Amendment) Regulations 1996 and shall come into force on 30th March 1996.
Amendment of Regulations
2
The Local Authorities (Capital Finance) Regulations 1990 shall be amended in accordance with the provisions of regulations 3 to 15 of these Regulations.
Leases and contracts which are not credit arrangements
3
In regulation 6 —
a
at the end of paragraph (1) insert the following —
or
g
the local authority become the lessees by virtue of —
i
the Local Government Changes for England (Property Transfer and Transitional Payments) Regulations 1995 ;
ii
article 9 of the Police and Magistrates' Courts Act 1994 (Commencement No. 5 and Transitional Provisions) Order 1994 ; or
iii
a combination scheme under the Fire Services Act 1947 .
; and
b
in paragraph (5)(b), for paragraph (i) substitute the following paragraph —
i
to dispose of the freehold or grant a long lease of the dwelling to a person other than a public body or a company which is a regulated company within the meaning of the Local Authorities (Companies) Order 1995 , or
.
Initial and subsequent cost of credit arrangements
4
In regulation 7 —
a
in paragraph (1), for “paragraphs (2) to (11) below” substitute “this regulation or regulation 7A below”;
b
in paragraph (2), for “paragraph (3), (4), (5A), (5C), (5D), (5F), (5G) or (5H) below” substitute “paragraph (3), (4), (5A), (5C), (5D), (5F), (5G), (5H), (5J), or (5K) below”;
c
for paragraph (5D) substitute the following paragraph —
5D
This paragraph applies to a lease (“the current lease”) of relevant land, other than a lease falling within paragraph (4), (5A) or (5C) above, the term of which, or the residue of the term of which, exceeds three years and does not exceed ten years where —
a
the local authority who become the lessees (“the authority”) or any other local authority have not, at any time after 31st March 1989, had a leasehold interest in the whole or part of the land under a lease of which the initial cost was nil by virtue of paragraph (2) above (“an excluded lease”);
b
if, at any time after 31st March 1989, the authority had a freehold interest in the land, or a leasehold interest in the land under a lease other than an excluded lease, the authority have disposed of that interest and the current lease is either —
i
a lease of the whole or part of a new building constructed on the land since the date of that disposal; or
ii
a lease of part of a building on the land occupied before the disposal for the purposes of, or in connection with, the exercise of any of the authority’s functions, where the capital cost of the lease does not exceed 49 per cent. of the amount which would be the capital cost of a lease on identical terms of the whole building;
c
the current lease does not confer on the lessee an option to purchase the lessor’s interest in the land; and
d
the capital cost of the current lease does not exceed 70 per cent. of the relevant value.
;
d
after paragraph (5I) insert the following paragraphs —
5J
This paragraph applies to a lease of land (“the lease”) where —
a
the local authority who become the lessees (“the authority”) are a new fire authority;
b
the old fire authority occupied the land demised by the lease on the day before the relevant date, and the authority become the lessees within a period of 12 months after the relevant date;
c
immediately before the date on which the authority become the lessees, another local authority have a freehold or leasehold interest in the land demised by the lease;
d
the term of the lease, or the residue of the term of the lease, does not exceed ten years;
e
the lease does not confer on the lessee an option to purchase the lessor’s interest in the land demised by the lease; and
f
where the term of the lease, or the residue of the term of the lease, exceeds three years, the capital cost of the lease does not exceed 70 per cent. of the relevant value.
5K
This paragraph applies to a lease of land (“the lease”) where —
a
the local authority who become the lessees (“the authority”) are an old fire authority;
b
the authority occupied the land demised by the lease on the day before the relevant date in connection with the provision of fire services, and become the lessees of the new fire authority concerned within a period of 12 months after the relevant date;
c
immediately before the date on which the authority become the lessees, the authority have a freehold or a leasehold interest in the land demised by the lease which is transferred to the new fire authority concerned under the provisions of the combination scheme which constituted the new fire authority;
d
the term of the lease, or the residue of the term of the lease, does not exceed ten years;
e
the lease does not confer on the lessee an option to purchase the lessor’s interest in the land demised by the lease; and
f
where the term of the lease, or the residue of the term of the lease, exceeds three years, the capital cost of the lease does not exceed 70 per cent. of the relevant value.
5L
In paragraphs (5J) and (5K) above —
“new fire authority” means a fire authority constituted by a combination scheme under the Fire Services Act 1947 made in consequence of an order under Part II of the Local Government Act 1992 containing provision for giving effect to a structural change (with the meaning of that Part), or in consequence of the provisions of the Local Government (Wales) Act 1994 ;
“old fire authority”, in relation to a new fire authority, means a county council which is superseded as a fire authority by the new fire authority;
“relevant date” means the date on which the combination scheme which constitutes a new fire authority is brought into full operation; and
“relevant value” means the value of the lessor’s interest in the land demised by the lease in question as estimated by the authority before they become the lessees —
on the assumption that they will become the lessees under the lease, and
according to the statement of practice on the valuation of property contained in the Appraisal and Valuation Manual published in October 1995 by the Royal Institution of Chartered Surveyors under ISBN number 0 85406 699 3.
;
e
in paragraph (6), in sub-paragraphs (a) and (c), for “paragraph (3), (4), (5A), (5C), (5D), (5F), (5G) or (5H) above” substitute “paragraph (3), (4), (5A), (5C), (5D), (5F), (5G), (5H), (5J), or (5K) above”;
f
in paragraph (7), for “paragraphs (3), (4), (5A), (5C), (5D), (5F), (5G), (5H) or (6) above” substitute “paragraphs (3), (4), (5A), (5C), (5D), (5F), (5G), (5H), (5J), (5K) or (6) above or regulation 7A below”; and
g
in paragraph (10A), after the words “within paragraph (6) or (7) above” insert “or regulation 7A below”.
5
After regulation 7 insert the following regulations —
7A
1
In this regulation —
“the authority” means the local authority who become the lessees under a relevant lease;
“old building” means a building which the authority cease to use in accordance with a decision such as is mentioned in paragraph (3)(a) below;
“qualifying purpose”, in relation to the use of land, means a purpose specified in any of the categories 1 to 6 and 8 and 9 of Schedule 2 to these Regulations, and “category” means one of those categories;
“relevant covenant” means a covenant such as is mentioned in paragraph (3)(d) below;
“relevant land” means land, other than land which, if acquired by a local authority, would be a house, dwelling or other property to which section 74(1) would apply; and
“relevant lease” means a lease to which paragraph (3) below applies, other than a lease falling within paragraph (3), (5D) or (5F) of regulation 7.
2
For the purposes of section 49(3), the initial cost and the cost at any time in relation to a relevant lease shall be calculated in accordance with paragraphs (5) and (6) below.
3
This paragraph applies to a lease of a building on relevant land (“the new building”) where —
a
the authority, at any time during the period of five years ending at the time when they become the lessees, decided to cease to use for a qualifying purpose a building situated on relevant land in which they had a freehold interest or a leasehold interest for a period of not less than 99 years;
b
at the same time as making that decision, the authority decided to use the new building for a corresponding purpose;
c
for the purpose of adapting the new building to meet the requirements of the authority with respect to that corresponding purpose, the lessor has carried out works consisting of the construction, enhancement or replacement of the building concerned;
d
the lease contains a covenant by the lessor to provide services in or in connection with the new building which consist of, or include, maintaining and repairing the system for heating the building and providing for the supply of the gas, electricity and fuel required for such heating; and
e
subject to paragraph (4)(b) below, the authority are not required under the lease, by way of service charge or otherwise, to meet any expenditure incurred by the lessor in fulfilling a relevant covenant.
4
For the purposes of paragraph (3) above —
a
a building is for use for a corresponding purpose if it is for use for the same qualifying purpose as that for which the authority have ceased to use the old building, or a different purpose within the same category as that which includes the same qualifying purpose; and
b
a relevant lease shall not be treated as requiring the authority to meet any expenditure incurred by the lessor in fulfilling a relevant covenant by reason only that —
i
such expenditure is taken into account in determining the amount of any premium paid on the grant or assignment of the lease or any rent reserved by the lease; or
ii
the authority are required under the lease to meet such part of the cost of fuel for heating as may from time to time be attributable to increases in the price of fuel.
5
The initial cost of a relevant lease shall be the capital cost of the lease minus the amount which would be the capital cost of the lease if —
a
no consideration was required to be given in respect of the lease before or during the financial year in which the authority become the lessees; and
b
for each subsequent financial year of the lease, for the purposes of the formula in regulation 5(2) above, “x” was an amount equal to the product of the formula — where —
E ( 1 + i 100 ) n
“E” means the average annual expenditure incurred by the authority during the period of 5 years ending on the date on which they become the lessees, or, if earlier, the date on which they cease to use the old building, on such of the services provided in or in connection with the old building as would have been provided by a lessor of that building in fulfilling a covenant which was equivalent to the relevant covenant under the lease;
“i” means the figure in Table 2.1 of Economic Trends published by the Central Statistical Office as the most recent percentage change, quarter on corresponding quarter of previous year of the implied gross domestic product deflator at factor cost; and
“n” has the same meaning as in regulation 5(2) above.
6
The cost at any time of a relevant lease shall be the amount which would be the cost of the lease at that time if the lease fell within regulation 7(7) minus an amount equal to the product of the formula —
D × Y T
where —
“D” means the amount deducted from the capital cost of the lease in accordance with paragraph (5) above;
“T” means the number of years comprising the term of the lease; and
“Y” means the number of years comprising the unexpired term of the lease at the time in question.
Initial and subsequent cost of other credit arrangements
7B
1
In this regulation —
“the authority” means the local authority who enter into a relevant arrangement; and
“relevant arrangement” means a credit arrangement to which paragraph (3) or (4) below applies.
2
A relevant arrangement shall be excluded from section 49(2), and in relation to such an arrangement, the initial cost and the cost at any time shall be calculated in accordance with paragraphs (4) and (5) below.
3
This paragraph applies to a credit arrangement where —
a
the arrangement is for the carrying out of works consisting of the improvement of the system for heating or lighting a building in which the authority have a freehold or leasehold interest, or the installation of a new system for such heating or lighting; and
b
the person with whom the arrangement is made is required under the arrangement, or under a separate contract entered into no later than the date of the arrangement, to maintain and repair the system for heating, or, as the case may be, lighting the building concerned.
4
This paragraph applies to a credit arrangement where —
a
the arrangement is for the carrying out of works consisting of the installation of new lamps, lamp posts and other materials and apparatus which supply the means of lighting the streets, markets and public buildings in the area of the authority; and
b
the person with whom the arrangement is made is required under the arrangement, or under a separate contract entered into no later than the date of the arrangement, to maintain and repair in whole or part the lighting system provided by the authority in the exercise of their powers under section 161 of the Public Health Act 1875 .
5
The initial cost of a relevant arrangement shall be the amount which, apart from this regulation, would be the initial cost of the arrangement minus the amount which would be the initial cost if —
a
no consideration was required to be given in respect of the arrangement in the financial year in which the arrangement comes into being; and
b
for each subsequent financial year of the arrangement, for the purposes of the formula in section 49(2), “x” is an amount equal to the product of the formula —
A ( 1 + i 100 ) n
where —
“A” means the average annual expenditure incurred by the authority during the period of 5 years ending on the date on which they enter into the arrangement, on operating, maintaining and repairing the heating system or lighting system which is improved or replaced by the works carried out under the arrangement;
“i” means the figure in Table 2.1 of Economic Trends published by the Central Statistical Office as the most recent percentage change, quarter on corresponding quarter of previous year of the implied gross domestic product deflator at factor cost; and
“n” has the same meaning as in section 49(2).
5
The cost at any time of a relevant arrangement shall be the amount which, apart from this regulation, would be the cost of the arrangement at that time minus an amount equal to the product of the formula —
I × U P
where —
“I” means the amount which would be the initial cost of the arrangement calculated on the assumptions mentioned in paragraph (4) above–
“P” means the number of years comprising the period over which the consideration on the part of the authority under the arrangement falls to be given (“the period of the arrangement”); and
“U” means the number of years which, at the time in question, comprises the unexpired part of the period of the arrangement.
.
Sums not to be capital receipts
6
In regulation 13, in paragraph (3)(a), for “by virtue of regulation 4(2) above” substitute “by virtue of regulation 4A(1) above”.
Reserved part of capital receipts
7
In regulation 14 —
a
in paragraphs (1) and (2), for “Subject to paragraphs (3) to (16) below” substitute “Subject to paragraphs (3) to (22) below”;
b
in paragraph (6)(a), for “31st March 1996” substitute “31st March 1997”; and
c
after paragraph (16) insert the following paragraphs —
17
For the purpose of section 59(3), the reserved part of a capital receipt shall be 25 per cent. in the case of a receipt derived from the disposal by a local authority of any freehold or leasehold interest in land where —
a
the receipt is received during the period beginning on 1st April 1996 and ending on 31st March 1998;
b
on 1st April 1993, the land was in use by the authority in whole or in part for the purposes of a school or an institution providing further education or education for adults;
c
if, at the time of the disposal, the land has ceased to be used for such purposes, it has not, since ceasing to be so used, been in use under a planning permission granted for any other use for a period of more than five years; and
d
the land is not land to which section 74(1) applied immediately before the disposal.
18
In paragraph (17) above, “further education” has the same meaning as in the Further and Higher Education Act 1992 .
19
For the purposes of section 59(3), the reserved part of a capital receipt shall be 10 per cent in the case of a receipt derived from the disposal by a local authority of a freehold or leasehold interest in land where —
a
the receipt is received during the period beginning on 1st April 1996 and ending on 31st March 1998;
b
on 17th October 1994 the land was held by the authority, as a smallholdings authority, as part of their smallholdings estate, or constituted a relevant agricultural holding;
c
if, at the time of the disposal, the land has ceased to be held as part of the authority’s smallholdings estate, or, as the case may be, has ceased to constitute a relevant agricultural holding, it has not, at any time since 17th October 1994, been in use other than as an agricultural holding under a planning permission granted for a period of more than five years;
d
the land is not land to which section 74(1) applied immediately before the disposal; and
e
if, at the time of the authority’s decision to dispose of their interest in the land, the land was subject to a contract for an agricultural tenancy, the authority has offered to dispose of their interest to the tenant under the contract at the price which they would reasonably expect to receive if their interest were sold on the open market subject to that contract.
20
In paragraph (19) above —
the expressions “agricultural holding” and “contract for an agricultural tenancy” shall be construed in accordance with section 1 of the Agricultural Holdings Act 1986 ;
“relevant agricultural holding” means an agricultural holding in relation to which the landlord is not a smallholdings authority; and
“smallholdings estate” and “smallholdings authority” have the same meaning as in Part III of the Agriculture Act 1970 .
.
8
In Part I of Schedule 1 —
a
in paragraph 1, after sub-paragraph (e) insert the following sub-paragraph —
f
is in a company which was formed by, or with the participation of, the authority, and, at the time when the authority dispose of the share capital or loan capital in it, is engaged principally either —
i
in the activities of providing, constructing, improving, repairing and maintaining land and any other assets in use for the purposes of a school which is a maintained school within the meaning of section 305 of the Education Act 1993 ; or
ii
in the provision on the authority’s behalf of the services which the authority is under a duty to provide under sections 8 to 10 of the Employment and Training Act 1973 .
;
b
in paragraph 2, after “Capital receipts” insert “Capital receipts, other than any receipts falling within paragraph 6 below,”; and
c
in paragraph 6(c), for “paragraph 2, 3 or 5 above” substitute “paragraph 3 or 5 above”.
Capital receipts to be treated as reduced: disposal of recently acquired interest
9
In regulation 15, for paragraph (2)(a) substitute the following —
the disposal takes place not later than five years after the date on which the local authority disposing of the interest acquired an interest in the land;
.
Capital receipts to be treated as reduced: replacement of assets
10
For regulation 18 substitute the following —
18
1
In this regulation —
“the authority”, in relation to a disposal of a relevant interest in land, means the local authority who make the disposal;
“the new land” means the land in which the authority acquire an interest, or on which they carry out works, in accordance with a decision such as is mentioned in paragraph (4)(b) below;
“the new works” means the works carried out in accordance with such a decision, and includes works carried out by way of consideration for a disposal to which paragraph (4) below applies;
“qualifying purpose”, in relation to the use of land, means a purpose specified in any of the categories of Schedule 2 to these Regulations, and “category” means one of those categories; and
“relevant interest”, in relation to land held by a local authority, means the freehold interest, a leasehold interest for a term of which not less than 125 years are unexpired or, in the case of any other interest, the authority’s entire interest in the land; and
“works” includes construction works and other works which are for the enhancement of any land or a building on any land.
2
Capital receipts of a description specified in paragraph (3) below shall be treated for the purposes only of section 59 as reduced by an amount determined in accordance with paragraphs (7) to (9) below.
3
For the purposes of paragraph (2) above, capital receipts derived from a disposal by a local authority of a relevant interest in land are specified where paragraph (4) below applies to the disposal and —
a
the disposal is made pursuant to a compulsory purchase order, and the land has been held for the purposes of Part II of the Housing Act 1985 (provision of housing), but not for any qualifying purpose, for a period of at least two years ending on the date of the disposal or, if earlier, the date on which the acquiring authority take possession of the land;
b
immediately before the disposal, the land is in use for a qualifying purpose; or
c
the land ceased to be used for a qualifying purpose not more than 12 months before the date of the disposal and has not, since the date on which it ceased to be so used, been used under a planning permission granted for any other use for a period of more than five years.
4
Subject to paragraph (5) below, this paragraph applies to a disposal of a relevant interest in land where —
a
the decision of the authority to dispose of their interest in the land was made at any time during the period of five years ending on the date of the disposal or, if earlier, the date on which the capital receipts are received;
b
at the same time as making that decision, the authority decided to acquire a new interest in the land after the disposal, or an interest in any other land, or to carry out works on any land; and
c
either —
i
if the land is of a description mentioned in paragraph (3)(a) above, to use the new land for the purposes of Part II of the Housing Act 1985; or
ii
if the land is of a description mentioned in paragraph (3)(b) or (c) above, to use the new land for the same qualifying purpose, or a different purpose within the same category as that which includes the same qualifying purpose.
5
For the purposes of paragraph (4) above, a disposal made pursuant to a compulsory purchase order shall be treated as if made by virtue of a decision of the authority made at the same time as the decision referred to in sub-paragraph (b) of that paragraph.
6
Paragraph (4) above shall not apply to a disposal of an interest in land where the authority acquire a leasehold interest (“the lease”) in part of the same land after the disposal, and the initial cost of the lease exceeds 49 per cent. of the amount which would be the initial cost of lease on identical terms of the whole of the land.
7
For the purposes of paragraph (2) above, the amount of the reduction is, subject to paragraph (8) below, the aggregate of —
a
in respect of any credit arrangement entered into for the purpose only of acquiring the new land or carrying out the new works, the initial cost of the credit arrangement;
b
in respect of any other contract entered into for such a purpose, the amount of the consideration falling to be given by the authority under the contract; and
c
any other costs incurred by the authority in connection with the acquisition of the new land or carrying out the new works.
8
For the purposes of paragraph (7)(b) above, the amount of the consideration falling to be given by the authority in respect of a contract shall be the amount which, if the contract were a lease, would be the capital cost of the contract determined in accordance with regulation 5(1) and (2).
9
Paragraphs (5) and (6) of regulation 15 shall apply in relation to the amount of any reduction determined in accordance with this regulation as they apply in relation to the amount of any reduction determined in accordance with regulation 15.
.
11
For Schedule 2 substitute the following —
SCHEDULE 2
USE OF LAND FOR A SPECIFIED PURPOSE
Regulations 7A and 18
Use of land for a purpose within any of the following categories; provided that use as a dwelling for occupation by a person employed for any purpose falling within a category other than category 10 is deemed to be included within the category concerned —
1
the fire service or police service, the magistrates' courts services, the probation service, the functions conferred on the authority under section 2 of the Civil Defence Act 1948 ;
2
a hostel for the homeless, or the social services functions of a local authority within the meaning of the Local Authority Social Services Act 1970 ;
3
a school, or an institution providing further education, or training, or education for adults;
4
an archive, a library, a museum or an art gallery;
5
a community hall, a conference centre, a theatre, a concert hall, a leisure centre or other indoor recreation, a swimming pool, or a pier;
6
a bus station, a vehicle depot, a garage, or a public park for cars, caravans, lorries or other vehicles;
7
an allotment, a smallholding, a cemetery, a playing field (other than a school playing field), a golf course, or a park or other public open space;
8
an industrial unit, a dog compound, a market, a public convenience, or the disposal of waste, or (except so far as falling within any other category) a workshop, a kitchen, a warehouse, or the storage of goods or equipment;
9
a town hall, or local authority offices (other than offices which fall within any other category); or
10
a house or other dwelling provided by a local authority for a person in their employment who is entitled to occupy it as a term of his employment (other than a dwelling falling within any of the preceding categories).
.
Capital receipts not wholly in money paid to the authority
12
In regulation 20 —
a
in paragraph (2), for “subject to paragraphs (3), (3A), (4), (6) and (6A) below” substitute “subject to paragraphs (3), (3A), (3B), (3C), (3D), (4), (6) and (6A) below”;
b
after paragraph (3A) insert the following paragraphs —
3B
In the case of non-monetary consideration which is received by a local authority in respect of the disposal of any interest in land, and consists of the grant of a lease of land falling within regulation 7A above (“the lease”), the reserved part of the notional capital receipt shall be nil.
3C
In the case of non-monetary consideration which is received by a local authority in respect of a disposal of an interest in land, and consists of —
a
the carrying out of works which, if carried out by the authority, would amount to the enhancement of the land, and
b
the grant to the authority of a right, after the completion of the works, to use the land for any purpose in the exercise of any function conferred on the authority,
the reserved part of the notional capital receipt shall be nil.
3D
In the case of non-monetary consideration which is received by a local authority in respect of a relevant disposal of land, and consists of the carrying out of works for the enhancement of the land, the reserved part of the notional capital receipt shall be nil.
3E
In paragraph (3D) above, “relevant disposal of land” means a disposal of an interest in land which confers on the person who carries out the works mentioned in that paragraph a right, after the completion of the works, to use the land.
.
Minimum revenue provision
13
In regulation 26, at the end of paragraph (13) add “minus four per cent. of the total amount, if any, by which the credit ceiling of the police authority is reduced on 24th August 1995 in accordance with paragraph 10C of Schedule 3 to the Act ”.
Specified purposes and bodies
14
In regulation 26B, at the end of paragraph (2) add the following sub-paragraphs —
g
in the case of a relevant authority which is a county council or non-metropolitan district council, a combined fire authority constituted by a combination scheme under the Fire Services Act 1947 (“a combined fire authority”) in relation to which the relevant authority is a constituent council;
h
in the case of a relevant authority which is a combined fire authority, a constituent council of the relevant authority;
i
in the case of a relevant authority which is a London borough council or the Common Council of the City of London or a metropolitan district council, an authority established by order under section 10(1) of the Local Government Act 1985 (“a waste disposal authority”) in relation to which the relevant authority is a constituent council; and
j
in the case of a relevant authority which is a waste disposal authority, a constituent council of the relevant authority.
.
Modification of credit ceiling
15
In Part II of Schedule 3 to these Regulations, after paragraph 5 add the following paragraphs —
6
1
In this paragraph, “new fire authority” means a fire authority constituted by a combination scheme under the Fire Services Act 1947 made in consequence of an order under Part II of the Local Government Act 1992 containing provision for giving effect to a structural change (within the meaning given to that expression in that Part).
2
In relation to a new fire authority and the county council which is superseded as a fire authority by the new fire authority, in addition to the modification made in paragraph 3 above, Schedule 3 to the Act is modified by the insertion of the following paragraphs —
10E
1
In this paragraph —
“combination scheme” means a combination scheme under the Fire Services Act 1947 made in consequence of an order under Part II of the Local Government Act 1992 containing provision for giving effect to a structural change (within the meaning given to that expression in that Part);
“the council”, in relation to a new fire authority, means the county council which is superseded as a fire authority by the new fire authority;
“excluded fire arrangement” means any credit arrangement which, by virtue of regulation 22, is excluded for the purposes of paragraph 11(2) of Schedule 3 to the Act, and was entered into or for the purpose of acquiring relevant property or entering into a relevant contract;
“fire arrangement” means any credit arrangement, other than an excluded fire arrangement, which was entered into or for the purpose of acquiring relevant property or entering into a relevant contract;
“first year”, in relation to a new fire authority and the council in relation to that authority, means the financial year in which that authority is constituted;
“new fire authority” means a fire authority constituted by a combination scheme;
“relevant contract” means a contract which is for the provision of services or the delivery of goods in connection with the provision of fire services, and is transferred to a new fire authority under the provisions of a combination scheme; and
“relevant property” means property which is acquired in connection with the provision of fire services, and is transferred to a new fire authority under the provisions of a combination scheme.
2
Where, in relation to a new fire authority, the fire services amount for the council on 31st March in the first year is a positive amount, the credit ceiling of the new fire authority on that day shall be increased by that amount, and the credit ceiling of the council on that day shall be reduced by the same amount.
3
Where, in relation to a new fire authority, the fire services amount for the council on 31st March in the first year is a negative amount, the credit ceiling of the new fire authority on that day shall be reduced by that amount, and the credit ceiling of the council on that day shall be increased by the same amount.
4
For the purposes of this paragraph —
a
the fire services amount for the council for 31st March in any of the years 1991 to the first year shall be determined —
i
by adding to the fire services amount for the council for 31st March in the immediately preceding year the amount of the fire services increase for the council for the financial year in question; and
ii
by subtracting from the resulting amount the amount of the fire services decrease for the council for that financial year; and
b
the fire services amount for the council for 31st March 1990 shall be nil.
5
For the purposes of sub-paragraph (4) above, the amount of the fire services increase for the council for any financial year is the total of all increases in the council’s credit ceiling in that year by virtue of the use of credit approvals to any extent as mentioned in section 56(3)(b) in respect of their fire arrangements.
6
For the purposes of sub-paragraph (4) above, the amount of the fire services decrease for the council for any financial year is the total of the following amounts —
a
four per cent. of the fire services amount for the council for 31st March in the financial year immediately preceding the financial year in question;
b
the reserved part of any capital receipt in respect of any disposal attributable to fire services functions or, where section 61(4) applies in relation to the consideration for such a disposal, the amount which would be the reserved part of the notional capital receipt;
c
the amount which is applied or charged by the council (as an amount of credit cover) as mentioned in paragraph (b) or (c) of section 50(3) in relation to any excluded fire arrangements;
d
in relation to any fire arrangements and any excluded fire arrangements, the amount set aside by the council from a revenue account or from the usable part of capital receipts as provision to meet credit liabilities being an amount over and above the aggregate of —
i
the amount referred to in sub-paragraph (c) above; and
ii
the amount which, in relation to such arrangements, the council are required so to set aside by virtue of any provision of the Act or these Regulations.
7
1
In this paragraph, “new fire authority” means a fire authority constituted by a combination scheme under the Fire Services Act 1947 made in consequence of the provisions of the Local Government (Wales) Act 1994 .
2
In relation to a new fire authority and each county council which is superseded as a fire authority by the new fire authority, in addition to the modification made in paragraph 3 above, Schedule 3 to the Act is modified by the insertion of the following paragraphs —
10F
1
In this paragraph, except where the context otherwise requires —
“combination scheme” means a combination scheme under the Fire Services Act 1947 made in consequence of the provisions of the Local Government (Wales) Act 1994;
“council”, in relation to a new fire authority, means any county council which is superseded as a fire authority by the new fire authority; and
“new fire authority” means a fire authority constituted by a combination scheme.
2
Where, in relation to a new fire authority, the fire services amount for a council on 31st March 1996 is a positive amount, the credit ceiling of the new fire authority on that day shall be increased by that amount, and the credit ceiling of the council on that day shall be reduced by the same amount.
3
Where, in relation to a new fire authority, the fire services amount for a council on 31st March 1996 is a negative amount, the credit ceiling of the new fire authority on that day shall be reduced by that amount, and the credit ceiling of the council on that day shall be increased by the same amount.
4
For the purposes of this paragraph, the fire services amount for a council for 31st March 1996 shall be determined in the same manner as the fire services amount for 31st March 1996 for a county council in England which is superseded as a fire authority by a fire authority constituted by a combination scheme within the meaning of paragraph 10E above; and for this purpose —
a
references in that paragraph to “the council” shall be construed as references to the council for which the fire services amount is being determined for the purposes of this paragraph;
b
“excluded fire arrangement”, “fire arrangement”, “relevant contract” and “relevant property” have the same meanings as in paragraph 10E, except that, in relation to the meaning of “relevant contract” and “relevant property”, the references to a new fire authority and a combination scheme shall be construed in accordance with sub-paragraph (1) above; and
c
references to “the first year” shall be construed as references to “1996”.
.
Approved investments
16
The Local Authorities (Capital Finance) (Approved Investments) Regulations 1990 shall be amended by the addition of the following paragraph at the end of Part II of the Schedule —
30
A combined fire authority constituted by a combination scheme under the Fire Services Act 1947 made in consequence of an order under Part II of the Local Government Act 1992 containing provision for giving effect to a structural change (within the meaning given to that expression in that Part), or in consequence of the provisions of the Local Government (Wales) Act 1994 .
.
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,
Department of the Environment
5th March 1996
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under-Secretary of State, Welsh Office
5th March 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Hull and Holderness Community Health National Health Service Trust (Transfer of Trust Property) Order 1996 and shall come into force on 16th February 1996.
2
In this Order —
“the first Trust” means the Royal Hull Hospitals National Health Service Trust;
“the second Trust” means the Hull and Holderness Community Health National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the first Trust and the second Trust on 26th October 1995, which schedule has been signed on behalf of both the first Trust and the second Trust.
Transfer of trust property
2
On 16th February 1996 the trust property shall be transferred from the first Trust to the second Trust.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State
Department of Health
17th January 1996


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Upper Thames Tributaries) Designation (Amendment) Order 1996 and shall come into force on 1st September 1996.
Amendment of the Environmentally Sensitive Areas (Upper Thames Tributaries) Designation Order 1994
2
1
The Environmentally Sensitive Areas (Upper Thames Tributaries) Designation Order 1994 shall be amended in accordance with the following paragraphs of this article.
2
In article 7 (rates of payment under agreement) —
a
in paragraph (1), for “£100” there shall be substituted “£105”;
b
in paragraph (3), for “£150” there shall be substituted “£155”;
c
in the table in paragraph (4) —
i
for “£260” there shall be substituted “£290”, and
ii
for “£310” there shall be substituted “£330”;
d
for paragraph (5), there shall be substituted the following —
5
Where an agreement includes the additional provisions specified in Schedule 5, the Minister shall make payments at the rate per annum of £3 for each 10 metres of stockproof hedges managed in accordance with the programme referred to in that Schedule, subject to a maximum of 50 metres of stockproof hedges so managed per hectare of eligible land per annum.
5A
For the purposes of paragraph (5) above, “eligible land” means land which —
a
comprises or falls within land subject to the provisions of the agreement concerned;
b
is enclosed by boundaries; and
c
contains, whether within itself, or as the whole or part of the boundaries by which it is enclosed, hedges.;
e
for paragraph (6), there shall be substituted the following —
6
Where an agreement includes a conservation plan, the Minister shall also make payments in respect of operations included in the plan, subject to a maximum of £15,000 for that agreement.
3
In Schedule 1 (requirements to be included in an agreement) —
a
for paragraph 1(13) there shall be substituted the following —
13
the farmer shall retain and manage individual trees and groups of trees (including pollarded willows) for which he is responsible which occur on such permanent grassland. He shall retain small areas of existing woodland which occur on such permanent grassland, and shall not plant any additional trees or woodland thereon without the Minister’s prior written approval;
; and
b
at the beginning of paragraph 1(14) there shall be added the words “where small areas of woodland or scrub occur thereon,”.
4
In each of Options 1 and 2 in Schedule 4 (additional provisions relating to the reversion of arable land) the following paragraph shall be inserted after paragraph (4) —
5
the farmer shall not exceed a stocking level of 1.4 livestock units per hectare.
5
In Schedule 6 (conservation plan operations) —
a
in paragraph 2, after the word “ponds” there shall be added the words “and the creation of ponds and scrapes”; and
b
for paragraph 7, there shall be substituted the following —
7
The restoration of farm buildings using traditional materials.
Saving
3
1
Article 2(2) of this Order shall not apply in respect of any annual payment to a farmer which relates wholly or in part to any period before 1st September 1996.
2
Article 2(4) of this Order shall not apply in relation to any agreement made before 1st January 1997.
Tony Baldry
Minister of State, Ministry of Agriculture, Fisheries and Food
7th August 1996
We consent,
Bowen Wells
Simon Burns
Two of the Lords Commissioners of Her Majesty’s Treasury
12th August 1996


text:
Citation and commencement
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (Royal Borough of Kingston-upon-Thames) Order 1996 and shall come into force on 23rd February 1996.
Exemption of supervision of parking work
2
The supervision of parking by the Royal Borough of Kingston-upon-Thames shall not be treated as a defined activity so long as it is carried out in their area before 1st September 1996.
Signed by authority of the Secretary of State
Paul Beresford
Parliamentary Under-Secretary of State,
Department of the Environment
25th January 1996


text:
1
These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) Regulations 1996 and shall come into force on 26th February 1996.
2
The Motor Vehicles (Driving Licences) Regulations 1987 shall be amended in accordance with regulations 3 to 8 below.
3
For regulation 18 (Appointments for tests and notice of cancellation thereof) there shall be substituted —
18
In regulations 18A, 18B, 18C, 19 and 19A below —
“applicant in person” means a person making an application for an appointment for a test with a view to taking the test himself;
“DSA examiner” means a person appointed by the licensing authority to conduct tests under paragraph (1)(a) or (2)(a) of regulation 14 above;
“motor bicycle instructor” means a person operating an establishment for providing instruction in the driving of vehicles in categories A and P;
“working day” means a day other than a Saturday, Sunday, bank holiday, Christmas Day or Good Friday (and “bank holiday” means a day to be observed as such under section 1 of and Schedule 1 to the Banking and Financial Dealings Act 1971 ).
18A
1
An applicant in person wishing to take a test (including an extended driving test) to be conducted by a DSA examiner (or someone acting on behalf of that applicant) shall —
a
apply for an appointment for such a test to the licensing authority,
b
provide the licensing authority with such details relating to himself, the nature of the test to be taken and the vehicle on which the test is to be taken as the licensing authority may reasonably require, and
c
pay such fee as is specified in regulation 19 or 19A.
2
Upon receipt of such details and such fee the licensing authority shall make the arrangements necessary for the taking of the test.
3
An applicant in person for whom an appointment is made as aforesaid in respect of a vehicle in any category may not apply for a further appointment for a test in a vehicle of a class in the same category unless —
a
the first appointment has been cancelled, or
b
the test due on the first appointment does not take place for any reason other than cancellation, or
c
he has kept the appointment (whether or not the test is completed).
18B
1
A motor bicycle instructor who wishes to make an appointment for a test (including an extended driving test) to be conducted by a DSA examiner and to be taken by a person who is then unnamed but who will have received from that instructor instruction in the driving of vehicles in either category A or P shall —
a
apply for such an appointment to the licensing authority,
b
provide such details relating to himself, the establishment and the nature of the test as the licensing authority may reasonably require,
c
specify the date and time of the appointment which the instructor wishes to reserve, and
d
pay such fee as is specified in regulation 19 or 19A.
2
The licensing authority may refuse to accept an application from a motor bicycle instructor (or, where two or more applications have been made on the same occasion, to accept all or any of those applications) where an appointment specified in the application is unavailable or where, in the opinion of the licensing authority, it is reasonably necessary to do so in the general interests of applicants for tests.
3
Subject to paragraph (2) above, upon receipt of such details and such fee the licensing authority shall confirm to the motor bicycle instructor the date and time of the appointment.
4
If, before the expiration of the qualifying period, the licensing authority receives from the motor bicycle instructor the name and such further details relating to the person who will at the appointment submit himself for the test, the nature of the test to be taken and the vehicle on which the test is to be taken as the licensing authority may reasonably require, the licensing authority shall make the arrangements necessary for taking the test.
5
The qualifying period in respect of any appointment made pursuant to an application under paragraph (1) of this regulation expires at midday on the day which is two working days before the day for which the appointment is made.
18C
For the purposes of section 91(b) of the Road Traffic Act 1988 (which section specifies the cases in which a fee paid on an application for an appointment for a test may be repaid) a notice cancelling an appointment for a test to be conducted by a DSA examiner must be given to the licensing authority not less than ten clear working days before the day for which the appointment is made.
.
4
1
Regulation 19 (Fees in respect of tests) shall be amended as follows.
2
For paragraphs (1) and (2) there shall be substituted —
1
No fee shall be payable in respect of a test conducted by a person appointed under sub-paragraphs (b), (c), (d) or (f) of regulation 14(1).
2
The fees payable in respect of tests other than extended driving tests —
a
conducted by a DSA examiner, or
b
conducted by or on the authority of the Commissioner of Police of the Metropolis pursuant to regulations 14(1)(e) and 17
shall be those specified in the following provisions of this regulation.
;.
3
In paragraphs (3) and (3A), for the words “an examiner appointed under paragraph (1)(a) of regulation 14” there shall be substituted the words “a DSA examiner”.
4
In paragraph (5), for the words “by a person appointed by paragraph (1)(e) of regulation 14” there shall be substituted the words “by or on the authority of the Commissioner of Police of the Metropolis”.
5
1
Regulation 19A (Fees in respect of extended driving tests) shall be amended as follows.
2
For paragraphs (1) and (2) there shall be substituted —
1
No fee shall be payable in respect of an extended driving test conducted by the Secretary of State for Defence.
2
The fees payable in respect of extended driving tests conducted by a DSA examiner shall be those specified in the following provisions of this regulation.
.
3
In paragraphs (3) and (4), the words “by an examiner appointed under paragraph (2)(a) of regulation 14” shall be omitted.
6
In paragraph (4) of regulation 20 (Nature of tests) for the words “and D plus E” there shall be substituted the words “D plus E, G and H”.
7
Regulation 23 (Period of ineligibility for subsequent tests) is hereby revoked.
8
In paragraph (1) of regulation 23A (Persons by whom approved training courses may be conducted), after paragraph (a) there shall be inserted —
aa
by the Secretary of State for Transport in so far as concerns the training of persons in the service of the Crown under his Department
.
Signed on behalf of the Secretary of State
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
2nd February 1996
We approve the making of regulation 4
Simon Burns
Liam Fox
Two of the Lords Commissioners of Her Majesty’s Treasury
5th February 1996


text:
Citation and commencement
1
These Regulations may be cited as the National Health Service (General Dental Services) Amendment Regulations 1996 and shall come into force on 1st April 1996.
Amendment of the National Health Service (General Dental Services) Regulations 1992
2
The National Health Service (General Dental Services) Regulations 1992 shall be amended in accordance with the following provisions of these Regulations.
PART I
APPEALS FROM DECISIONS OF THE DENTAL PRACTICE BOARD
Amendment of regulation 29
3
In regulation 29 (prior approval - patterns of treatment), in paragraph (3), for “regulation 19 of the National Health Service (Service Committees and Tribunal) Regulations 1992” there shall be substituted “regulation 30A”.
Appeals from decisions of the Board
4
1
After regulation 30, there shall be inserted the following new Part —
PART VIa
APPEALS FROM DECISIONS OF THE DENTAL PRACTICE BOARD
Appeals from decisions of the Board
30A
1
Where —
a
any person is aggrieved by a decision of the Board concerning the treatment or intended treatment of a patient as part of general dental services; or
b
any dentist is aggrieved by a decision of the Board concerning fees payable to him in respect of his provision or intended provision of general dental services,
that person or, as the case may be, that dentist may, in accordance with paragraphs (3) and (4), appeal against the Board’s decision to the Health Authority administering the arrangements under which the services were, or were intended to be, provided.
2
Any dentist who is aggrieved by a decision of the Board under regulation 29 may, in accordance with paragraphs (3) and (4), appeal against that decision —
a
where the name of the dentist is included in the dental list of only one Health Authority, to that Health Authority;
b
where the name of the dentist is included in the dental list of more than one Health Authority, to any such Health Authority.
3
An appeal under paragraph (1) or (2) shall be brought by giving notice of appeal in writing to the Health Authority before the end of the period of 30 days beginning with the date on which the decision of the Board was sent to the aggrieved person.
4
A notice of appeal under paragraph (3) shall —
a
contain a concise statement of the facts and contentions upon which the appellant intends to rely; and
b
be given by or with the authority of the aggrieved person, unless —
i
the aggrieved person is, by reason of age, sickness or other infirmity, incapable of acting, in which case notice of appeal may be given by some other person on his behalf although without his authority;
ii
the appeal is brought under paragraph (1)(b) and concerns the fees of a dentist who has died, in which case notice of appeal may be given by the personal representatives of that dentist.
5
The Health Authority shall, before the end of the period of 30 days beginning with the date on which it received a notice of appeal, request from the Board a written statement of the reasons for its decision, and the Board shall, before the end of the period of 30 days beginning with the date on which the request was sent, send such a statement to the Health Authority.
6
The Health Authority shall consider the notice of appeal and the Board’s statement and —
a
where, after consulting the Local Dental Committee, the Health Authority is of the opinion that the notice discloses no reasonable grounds of appeal, or that the appeal is otherwise vexatious or frivolous, it may dismiss it forthwith;
b
where the appeal is against a refusal of the Board to approve a claim for remuneration or an estimate on grounds that the services to which the claim or estimate relates cannot be provided as part of general dental services, the Health Authority shall refer the notice of appeal and the Board’s statement to the Secretary of State, and shall inform the parties in writing that it has done so;
c
where —
i
an appeal is brought under paragraph (1)(b) against a decision of the Board concerning a dentist’s fees, and
ii
the Board has certified in its statement under paragraph (5) that it has authorised those fees and that they were the fees or maximum fees prescribed by Determination I of the Statement of Dental Remuneration for the services provided or to be provided,
the Health Authority shall dismiss the appeal forthwith unless it is of the opinion that the appeal involves a dispute as to the item or sub-item of treatment in that Determination applicable to the services provided or intended to be provided;
d
except where an appeal is dismissed or referred in accordance with the preceding provisions of this paragraph, the Health Authority shall, before the end of the period of 30 days beginning with the date on which the Board’s statement under paragraph (5) was sent, appoint, in accordance with paragraph (7) —
i
where the appeal is brought under paragraph (2), three dentists,
ii
in any other case, two dentists,
as referees to determine the appeal.
7
The dentists appointed for the purposes of paragraph (6)(d) shall be engaged in the provision of general dental services; and one of them shall be selected from a panel of such dentists who have been nominated to the panel by the Local Dental Committee or by the Local Dental Committee constituted for another area.
8
Where the Health Authority dismisses an appeal under sub-paragraph (a) or (c) of paragraph (6) it shall give notice in writing to the person who brought the appeal and to the Board that the appeal has been dismissed and, where the appeal is dismissed under sub-paragraph (c) of that paragraph, the Health Authority shall include with the notice to the appellant a copy of the Board’s statement under paragraph (5) and a statement of its reasons for dismissing the appeal.
9
Where an appeal is referred to the Secretary of State under paragraph (6)(b), he shall determine it in such manner as he thinks fit, and shall give notice of his decision, and of the reasons for it, to the appellant, the Board and the Health Authority.
10
Where referees are appointed under paragraph (6)(d) they shall, subject to paragraph (12), hear the representations of the parties on a date appointed by the Health Authority for that purpose, and the Health Authority shall —
a
not less than 14 days before that date (or within such shorter period as the parties may agree), give notice in writing to the parties of the date, time and place of the hearing and of the names of the referees; and
b
not less than seven days before that date (or within such shorter period as the parties may agree), provide the referees and the appellant with a copy of that Board’s statement and the notice of appeal.
11
A party to an appeal which is to be determined by referees following a hearing shall not be entitled to rely upon any facts or contentions not contained in the notice of appeal or the statement of the Board unless —
a
that party gives notice in writing of those facts or contentions to the referees and to the other party to the appeal at least seven days before the date of hearing; or
b
the referees consent (either before or during the hearing).
12
Where both parties to an appeal have given written notice to the Health Authority that they do not intend to make representations at a hearing, the Health Authority shall inform the referees accordingly, and the referees shall determine the appeal without a hearing.
13
The referees shall, before the end of the period of seven days beginning with the date on which they determine an appeal, give notice in writing to the Health Authority of their decision and of the reasons for it, and the Health Authority shall, before the end of the period of 14 days beginning with the date on which it receives the notice, send copies of it to the parties.
14
For the purposes of this regulation, the parties to an appeal are the Board and the appellant, that is to say the aggrieved person or, where another person has given notice of appeal in accordance with paragraph (4), that other person
.
2
Regulation 19 of the National Health Service (Service Committees and Tribunal Regulations 1992 (“the old regulation”) is hereby revoked.
3
Appeals brought under regulation 19 of the old regulation before 1st April 1996 shall be treated on and after that date as brought under regulation 30A of the National Health Service (General Dental Services) Regulations 1992 (“the new regulation”) except that paragraph (7) of the old regulation, instead of paragraph (7) of the new regulation, shall apply to dentists appointed as referees under paragraph (6)(d).
PART II
COMPLAINTS
Complaints
5
In Schedule 1 (terms of service), after paragraph 31 there shall be inserted —
Complaints
31A
1
Subject to sub-paragraph (2), a dentist shall establish, and operate in accordance with this paragraph, a procedure (in this paragraph and in paragraph 31B referred to as a “practice based complaints procedure”) to deal with any complaints made by or on behalf of his patients and former patients.
2
The practice based complaints procedure to be established by a dentist may be such that it also deals with complaints made in relation to one or more other dentists.
3
A practice based complaints procedure shall apply to complaints made in relation to any matter reasonably connected with the dentist’s provision of general dental services and within the responsibility or control of —
a
the dentist;
b
any other dentist either employed by him or engaged as a deputy;
c
a former partner of the dentist;
d
any employee of the dentist other than one falling within paragraph (b);
and in this paragraph and paragraph 31B, references to complaints are to complaints falling within this sub-paragraph.
4
A complaint may be made on behalf of a patient or former patient with his consent, or —
a
where the patient is a child under 16 —
i
by either parent, or in the absence of both parents, the guardian or other adult person who has care of the child, or
ii
where the child is in the care of an authority to whose care he has been committed under the provisions of the Children Act 1989 or in the care of a voluntary organisation, by that authority or voluntary organisation; or
b
where the patient is incapable of making a complaint, by a relative or other adult person who has an interest in his welfare.
5
Where a patient has died a complaint may be made by a relative or other adult person who had an interest in his welfare or, where the patient was as described in paragraph (a)(ii) of sub-paragraph (4), by the authority or voluntary organisation.
6
A practice based complaints procedure shall comply with the following requirements —
a
the dentist shall specify a person (who need not be connected with the dentist’s practice and who in the case of an individual, may be specified by his job title) to be responsible for receiving and investigating all complaints;
b
all complaints shall be —
i
recorded in writing,
ii
acknowledged, either orally or in writing, within the period of three days (excluding Saturdays, Sundays, Christmas Day, Good Friday and bank holidays) beginning with the day on which the complaint was received by the person specified under paragraph (a), or where that is not possible as soon as reasonably practicable, and
iii
properly investigated;
c
within the period of 10 days (excluding Saturdays, Sundays, Christmas Day, Good Friday and bank holidays) beginning with the day on which the complaint was received by the person specified under paragraph (a) or, where that is not possible as soon as reasonably practicable, the complainant shall be given a written summary of the investigation and its conclusions;
d
where the investigation of the complaint requires consideration of the patient’s dental records, the person specified under paragraph (a) shall inform the patient or person acting on his behalf if the investigation will involve disclosure of information contained in those records to a person other than the dentist or a partner, a deputy or an employee of the dentist; and
e
the dentist shall keep a record of all complaints and copies of all correspondence relating to complaints, but such records shall be kept separate from patients' dental records.
7
A dentist shall inform his patients about the practice based complaints procedure which he operates and give the name (or title) and address of the person specified under paragraph (6)(a).
31B
1
A dentist shall co-operate with any investigation of a complaint by the Health Authority in accordance with the procedures which it operates in accordance with directions given under section 17 of the Act(a), whether the investigation follows one under the practice based complaints procedure or not.
2
The co-operation required by sub-paragraph (1) includes —
a
answering questions reasonably put to the dentist by the Health Authority;
b
providing any information relating to the complaint reasonably required by the Health Authority; and
c
attending any meeting to consider the complaint (if held at a reasonably accessible place and at a reasonable hour, and due notice has been given), if the dentist’s presence at the meeting is reasonably required by the Health Authority.
Return
31C
1
A dentist whose name is included in the dental list shall provide to the Health Authority by 30th June each year a return stating the number of complaints received in accordance with paragraph 31A in respect of the period of 12 months ending on 31st March of that year.
2
In the case of a dentist who practises in partnership with one or more other dentists whose names are included in the dental list, the information referred to in sub-paragraph (1) shall be provided in respect of the partnership as a whole instead of by each dentist in the partnership individually
.
PART III
MISCELLANEOUS
Amendment of regulations 22 and 28
6
In each of regulation 22 (recovery of overpayments) and 28 (overpayments), in paragraph (1)(b) for “regulation 7” these shall be substituted “regulation 5(1) ”.
Amendment of Schedule 1
7
1
Schedule 1 (terms of service for dentists) shall be amended as follows.
2
In paragraph 2 (incorporation of provisions of Regulations), in paragraph (b)(i) for “dental service committee, the joint services committee and the denture conciliation committee” there shall be substituted “dental discipline committee and the joint discipline committee”.
3
In paragraph 27 (completion of an estimate) —
a
in sub-paragraph (1), for “(2), (3)” there shall be substituted “(2)”; and
b
sub-paragraph (3) shall be omitted.
4
For paragraph 31 there shall be substituted —
Information about NHS charges
31
A dentist shall display in a prominent position at the practice premises such information about charges for general dental services as the Health Authority may approve in accordance with directions given by the Secretary of State under section 17 of the Act
.
5
In paragraph 35 (deputies and assistants), in sub-paragraph (10A)(a) , for “(or in Scotland or Northern Ireland, of a Health Board)” there shall be substituted “(or in Scotland, of a Health Board, or in Northern Ireland, of a Health and Social Services Board)”.
Signed by authority of the Secretary of Sate for Health
Gerald Malone
Minister of State (Department of Health)
11th March 1996


text:
Citation, commencement and revocation
1
1
This Order may be cited as the Education (School Teachers' Pay and Conditions) (No. 2) Order 1996 and shall come into force on 1st September 1996.
2
The Education (School Teachers' Pay and Conditions) (No. 2) Order 1995 and the Education (School Teachers' Pay and Conditions) Order 1996 are hereby revoked.
Application
2
This Order applies to school teachers (as defined in section 5(1) and (2) of the School Teachers' Pay and Conditions Act 1991) in England and Wales.
School Teachers' Pay and Conditions
3
It is hereby directed that the provisions set out in the document published by Her Majesty’s Stationery Office and entitled “School Teachers' Pay and Conditions Document 1996” shall have effect from 1st September 1996.
Gillian Shephard
Secretary of State for Education and Employment
11th July 1996


text:
Preliminary
Citation and commencement
1
1
These Regulations may be cited as the Occupational Pension Schemes (Deficiency on Winding Up etc.) Regulations 1996.
2
This regulation shall come into force on 19th December 1996.
3
Subject to paragraphs (2) and (4) to (6) and regulation 6(1) (in so far as it relates to the period there mentioned), these Regulations shall come into force on 6th April 1997.
4
Regulations 3 to 6 shall not apply where the applicable time falls before that date.
5
Regulations 3 to 6 shall not apply to any scheme which began to be wound up earlier than 19th December 1996.
6
Regulations 7 to 9 shall only apply where the act or omission to which the reduction in value is attributable occurred after 5th April 1997.
Interpretation
2
1
For the purposes of these Regulations the time when a scheme begins to be wound up shall be determined in accordance with regulation 2 of the Occupational Pension Schemes (Winding Up) Regulations 1996 .
2
In these Regulations, unless the context otherwise requires —
“the applicable time” has the same meaning as in section 75 (but see the modifications in regulations 4(3), 6(3) and 7(2));
“employer” has the same meaning as in section 75 (but see paragraph (4) and regulations 5, 6 and 9);
“the MFR Regulations ” means the Occupational Pension Schemes (Minimum Funding Requirement and Actuarial Valuations) Regulations 1996 ;
“money purchase scheme” has the same meaning as in section 75 (but see paragraph 4 of Schedule 2);
“the Taxes Act ” means the Income and Corporation Taxes Act 1988 .
3
References in these Regulations to a relevant insolvency event occurring in relation to an employer have the same meaning as in section 75.
4
In these Regulations “scheme” must be construed in appropriate cases in accordance with subsections (1B) and (1C) of section 75 (as inserted by regulation 4(2) or, as the case may be, regulation 8) and Schedule 2 (and “employer” and “member” must be construed accordingly).
5
References in these Regulations to the guidance in GN 19 are to the guidelines on winding up and scheme asset deficiency (GN 19), prepared and published by the Institute of Actuaries and the Faculty of Actuaries and approved for the purposes of these Regulations by the Secretary of State, with such revisions as have been so approved at the applicable time.
6
References in these Regulations to the guidance in GN 27 are to the guidelines on minimum funding requirement (GN 27), prepared and published by the Institute of Actuaries and the Faculty of Actuaries and approved for the purposes of the MFR Regulations by the Secretary of State, with such revisions as have been so approved at the applicable time.
7
Subject to the previous provisions of this regulation and unless the context otherwise requires —
a
expressions used in these Regulations have the same meaning as if they were used in Part I of the Pensions Act 1995; and
b
in these Regulations any reference to a section shall be construed as a reference to a section of that Act.
Schemes which are not money purchase schemes
Calculation of the value of scheme liabilities and assets
3
1
The liabilities and assets of a scheme which are to be taken into account for the purposes of section 75(1) and their amount or value shall be determined, calculated and verified by the actuary —
a
on the general assumptions specified in paragraphs (2) and (3) of regulation 3 of the MFR Regulations;
b
subject to paragraphs (3) and (4), in accordance with regulations 4 to 8 of the MFR Regulations;
c
subject to sub-paragraph (d), in so far as the guidance given in GN 27 applies as respects regulations 3(2) and (3) and 4 to 8 of the MFR Regulations, in accordance with that guidance; and
d
in accordance with the guidance given in GN 19 so far as that guidance applies for the purposes of these Regulations;
and where in these Regulations (or in the MFR Regulations as applied by this paragraph) there is a reference to the value of any asset or the amount of any liability being calculated or verified in accordance with the opinion of the actuary or as he thinks appropriate, he shall comply with any relevant provision in the guidance given in GN 27 or, as the case may be, GN 19 in making that calculation or verification.
2
The value of the assets and the amount of the liabilities of a scheme which are to be taken into account for the purposes of section 75(1) must be certified by the actuary in the form set out in Schedule 1 to these Regulations, but if the scheme is being wound up on the date as at which the valuation is made, the actuary must modify the note at the end of the certificate by omitting the words from “if the scheme” onwards.
3
For the purposes of this regulation —
a
references in regulations 3(2), 4, 5, 7 and 8 of the MFR Regulations to the relevant date shall be taken as references to the applicable time;
b
regulations 4(1), 7(1) and 8(2) of the MFR Regulations shall have effect with the substitution for the words “the minimum funding requirement is met” of the words “the value of the assets of the scheme is less than the amount of the liabilities of the scheme”;
c
regulation 6(1)(b) of the MFR Regulations shall have effect with the addition at the end of the words “(and any amount treated as a debt due to the trustees or managers of the scheme under section 75(1) by virtue of the valuation in question)”.
4
In its application for the purposes of this regulation in a case where the applicable time falls after the scheme has begun to be wound up, regulation 6(1) of the MFR Regulations has effect with the addition after sub-paragraph (c) of the words —
and for the purposes of sub-paragraph (a), regulation 5(1)(a) of the Occupational Pension Schemes (Investment) Regulations 1996 (exclusion of employer-related investments over 5 per cent. of current market value) shall be disregarded.
.
Multi-employer schemes
4
1
In its application to a scheme in relation to which there is more than one employer, section 75 has effect with the following modifications.
2
After subsection (1) insert —
1A
In the case of a scheme in relation to which there is more than one employer, the amount of the debt due from each employer shall, unless the scheme provides for the total amount of the debt due under subsection (1) to be otherwise apportioned amongst the employers, be such proportion of that total amount as, in the opinion of the actuary after consultation with the trustees or managers, the amount of the scheme’s liabilities attributable to employment with that employer bears to the total amount of the scheme’s liabilities attributable to employment with any of the employers.
1B
Where a scheme in relation to which there is more than one employer is divided into two or more sections and the provisions of the scheme are such that —
a
different sections of the scheme apply to different employers or groups of employers (whether or not more than one section applies to any particular employer or groups including any particular employer);
b
contributions payable to the scheme by an employer, or by a member in employment under that employer, are allocated to that employer’s section (or, if more than one section applies to the employer, to the section which is appropriate in respect of the employment in question); and
c
a specified part or proportion of the assets of the scheme is attributable to each section and cannot be used for the purposes of any other section,
each section of the scheme shall be treated as a separate scheme for the purposes of this section.
1C
Where —
a
a scheme which has been such a scheme as is mentioned in subsection (1B) is divided into two or more sections, some or all of which apply only to members who are not in pensionable service under the section; and
b
the provisions of the scheme have not been amended so as to prevent the conditions mentioned in subsection (lB)(a) to (c) being satisfied in relation to two or more sections; but
c
those conditions have ceased to be satisfied in relation to one or more sections (whether before or after this section came into force) by reason only of there being no members in pensionable service under the section and no contributions which are to be allocated to it,
the section in relation to which those conditions have ceased to be satisfied shall be treated as a separate scheme for the purposes of this section.
.
3
For subsection (3) substitute —
3
In this section “the applicable time” means —
a
in relation to a scheme which is being wound up, any time —
i
after the commencement of the winding up, and
ii
before a relevant insolvency event has occurred in relation to each of the employers to whom the scheme relates; and
b
in relation to a scheme which is not being wound up —
i
in relation only to any employer who ceases to be a person employing persons in the description or category of employment to which the scheme relates at a time when at least one other person continues to employ such persons, immediately before he so ceases, and
ii
in relation only to any employer in relation to whom a relevant insolvency event occurs, immediately before that event occurs.
.
4
Where (apart from this paragraph) paragraph (1) does not apply to a scheme by reason of its not being a scheme in relation to which there is more than one employer but, if it did so, subsection (1C) of section 75 (as inserted by paragraph (2)) would apply to the scheme, that section shall have effect with the modifications made by paragraphs (2) and (3).
5
For the purposes of section 75(1A) (as inserted by paragraph (2)) —
a
the total amount of the scheme’s liabilities which are attributable to employment with any of the employers; and
b
the amount of the liabilities attributable to employment with any one employer,
shall be such amount as is determined, calculated and verified by the actuary in accordance with the guidance given in GN 19; and a determination under this paragraph must be certified by the actuary as being in accordance with that guidance.
Former employers
5
1
In the application of section 75 and these Regulations to a scheme which has no active members, “the employer” includes every person who employed persons in the description or category of employment to which the scheme relates immediately before the occurrence of the event after which the scheme ceased to have any active members.
2
In the application of section 75 and these Regulations to a scheme, “the employer” includes any person who has ceased on or after 6th April 1997 and before the applicable time to be a person employing persons in the description or category of employment to which the scheme relates, unless —
a
when he so ceased the scheme was not being wound up and continued to have active members, and
b
one of the conditions in paragraph (3) is met.
3
Those conditions are —
a
that no debt was treated as becoming due from him under section 75(1) by virtue of his so ceasing;
b
that such a debt was treated as becoming due from him and has been paid before the applicable time;
c
that such a debt was treated as becoming due from him but at the applicable time it is excluded from the value of the assets of the scheme by virtue of regulation 6(1)(b) of the MFR Regulations (exclusion of debts unlikely to be recovered).
Ceasing to participate: transitional provision
6
1
This regulation applies to a scheme if a person ceased to be a person employing persons in the description or category of employment to which the scheme relates during the period beginning with 19th December 1996 and ending with 5th April 1997 and at a time when the scheme was not being wound up and continued to have active members; and in this regulation “former participator” means a person who so ceased.
2
In the application of section 75 and these Regulations to a scheme to which this regulation applies, “employer” includes a former participator, unless before the applicable time a time which was the applicable time in relation to the former participator by virtue of paragraph (3) below has occurred and —
a
no debt was then treated as due from him under section 75(1), or
b
such a debt was then treated as becoming due from him and has been paid before the applicable time; or
c
such a debt was then treated as becoming due from him but at the applicable time it is excluded from the value of the assets of the scheme by virtue of regulation 6(1)(b) of the MFR Regulations (exclusion of debts unlikely to be recovered).
3
In the application of section 75 and these Regulations to a scheme to which this regulation applies which is not being wound up, “the applicable time”, in relation to a former participator only, includes —
a
the date by reference to which the earliest minimum funding valuation required by section 57(1)(a) for the scheme is made, or
b
the earliest time when a debt is treated under section 75(1) as becoming due from another person by virtue of section 75(3)(b)(i) or (ii) (as substituted by regulation 4(3)),
whichever is the earlier.
Money purchase schemes
Money purchase schemes: deficiency owing to fraud etc.
7
1
Subject to regulation 10, section 75 shall apply to money purchase schemes with the following modifications.
2
For subsections (1) and (2) substitute —
1
If, in the case of an occupational pension scheme which is a money purchase scheme, the value at the applicable time of the unallocated assets of the scheme is less than the amount of any criminal reduction in the aggregate value of the allocated assets of the scheme, then an amount equal to the difference shall be treated as a debt due from the employer to the trustees or managers of the scheme.
2
In this section —
“allocated assets”, in relation to a scheme, means assets which have been specifically allocated for the provision of benefits to or in respect of members (whether generally or individually) or for the payment of the scheme’s expenses (and “unallocated” shall be construed accordingly);
“the applicable time” means the time immediately after the act or omission to which the criminal reduction is attributable occurs or, if that time cannot be determined, the earliest time when the auditor of the scheme knows that the reduction has occurred;
“criminal reduction” means a reduction which is attributable to an act or omission which constitutes an offence prescribed for the purposes of section 81(1)(c) (or, in the case of an act or omission which occurred outside England and Wales or Scotland, would constitute such an offence if it occurred in England and Wales or in Scotland).
.
3
Omit subsections (3), (4) and (6).
4
For the purpose of section 75(1) (as substituted by paragraph (2)), paragraphs (5) to (9) apply instead of regulation 3.
5
In the case of a scheme other than an ear-marked scheme —
a
the value at the applicable time of the unallocated assets of the scheme shall be taken to be the value of those assets as certified in a statement by the scheme’s auditor; and
b
the amount of the criminal reduction in the aggregate value of the allocated assets of the scheme is to be calculated by subtracting the actual aggregate value of those assets at the applicable time from the notional aggregate value of those assets.
6
The notional aggregate value mentioned in paragraph (5)(b) shall be taken to be the sum of the values of the assets —
a
as stated in the audited accounts which most immediately precede the relevant act or omission, or
b
if there are none, as certified in a statement by the scheme’s auditor,
adjusted appropriately to take account of any alteration in their values (other than any alteration attributable to that act or omission) between the date as at which those accounts are prepared or, as the case may be, as at which that statement is given and the applicable time.
7
The actual aggregate value mentioned in paragraph (5)(b) shall be calculated in the same manner as it was calculated for the purposes of the accounts mentioned in paragraph (6)(a) or, as the case may be, the statement mentioned in paragraph (6)(b).
8
In the case of an ear-marked scheme, the value at the applicable time of the unallocated assets of the scheme and the amount of the criminal reduction in the aggregate value of the allocated assets of the scheme are the amounts certified in a statement by the relevant insurer.
9
In this regulation —
“ear-marked scheme” means a scheme under which all the benefits are secured by one or more policies of insurance or annuity contracts, being policies or contracts specifically allocated to the provision of benefits for individual members or any other person who has a right to benefits under the scheme; and
“the relevant insurer”, in relation to such a scheme, is the insurer with whom the insurance contract or annuity contract is made.
Multi-employer money purchase schemes
8
1
Regulation 4(1) and (3) to (5) does not apply to a money purchase scheme, but in its application to such a scheme in relation to which there is more than one employer, section 75 (as modified by regulation 7) applies with the insertion after subsection (1) of the same subsections as are inserted by regulation 4(2), omitting from subsection (1A) the words “in the opinion of the actuary after consultation with the trustees or managers”.
2
Where (apart from this paragraph) section 75 does not apply to a money purchase scheme with the modification made by paragraph (1) but, if it did so, subsection (1C) of that section would apply to the scheme, that section shall have effect with the modification made by paragraph (1).
Former employers of money purchase schemes
9
Regulations 5 and 6 shall not apply to a money purchase scheme, but in the application of section 75 and these regulations to such a scheme which has no active members at the applicable time “the employer” includes every person who employed persons in the description or category of employment to which the scheme relates immediately before the occurrence of the event after which the scheme ceased to have any active members.
General and supplementary
Disapplication of section 75
10
1
Section 75 does not apply —
a
to a public service pension scheme —
i
under the provisions of which there is no requirement for assets related to the intended rate or amount of benefit under the scheme to be set aside in advance (disregarding requirements relating to additional voluntary contributions); or
ii
which is made under section 7 of the Superannuation Act 1972 (superannuation of persons employed in local government service etc.) or section 2 of the Parliamentary and other Pensions Act 1987 (power to provide for pensions for Members of the House of Commons etc.);
b
to any occupational pension scheme in respect of which any Minister of the Crown has given a guarantee or made any other arrangements for the purpose of securing that the assets of the scheme are sufficient to meet its liabilities;
c
to an occupational pension scheme which provides relevant benefits, but is neither an approved scheme nor a relevant statutory scheme;
d
to a section 615(6) scheme;
e
to a scheme with less than two members;
f
to a scheme —
i
the only benefits provided by which are death benefits, and
ii
under the provisions of which no member has accrued rights;
g
to a relevant lump sum retirement benefits scheme; or
h
to the scheme established by the Salvation Army Act 1963 .
2
In this regulation —
“approved scheme” means a scheme which is approved or was formerly approved under section 590 or 591 of the Taxes Act or in respect of which an application for such approval has been duly made which has not been determined;
“lump sum benefits” does not include benefits paid by way of commuted retirement pension;
“relevant benefits” has the meaning given in section 612(1) of the Taxes Act;
“relevant lump sum retirement benefits scheme” means an approved scheme —
which has been categorised by the Commissioners of Inland Revenue for the purposes of its approval as a centralised scheme for non-associated employers;
which is not contracted-out; and
under the provisions of which the only benefits which may be provided on or after retirement (other than money purchase benefits derived from the payment of additional contributions by any person) are lump sum benefits which are not calculated by reference to any member’s salary;
“relevant statutory scheme” has the meaning given in section 611A of the Taxes Act ;
“section 615(6) scheme” means a scheme with such a superannuation fund as is mentioned in section 615(6) of the Taxes Act.
3
For the purposes of paragraph (1)(e) “scheme” shall be construed as if subsections (1B) and (1C) of section 75 (as inserted by regulation 4(2) or, as the case may be, regulation 8) were omitted.
Minor modifications
11
Schedule 2 to these Regulations shall have effect for the purpose of modifying section 75 and these Regulations.
Modification of schemes: apportionment of section 75 debts
12
In the case of a trust scheme (whether or not a money purchase scheme) which apart from this regulation could not be modified for the purpose of making provision for the total amount of a debt due under section 75(1) to be apportioned amongst the employers in different proportions from those which would otherwise apply by virtue of section 75(1A) (as inserted by regulation 4(2) or, as the case may be, regulation 8), for the purposes of section 68(2)(e), such a modification of the scheme is a modification for a prescribed purpose.
Revocations and savings
13
1
The Occupational Pension Schemes (Deficiency on Winding Up etc.) Regulations 1994 are hereby revoked, except in their application in any case in which section 144 of the Pension Schemes Act 1993 continues to apply (schemes which began winding up before 19th December 1996 and debts treated as due by virtue of valuations as at applicable times falling before 6th April 1997).
2
Where before 6th April 1997 such arrangements have been made as are mentioned in subsection (1C) of section 144 of the Pension Schemes Act 1993 (as inserted by regulation 4 of those Regulations), then —
a
the revocation of those Regulations shall not affect —
i
the recoverability of any debt or part of a debt, the recoverability of which is affected by subsections (1C) to (1G) of that section immediately before that date, or
ii
the power of assignment conferred by subsection (1G) of that section; and
b
the making of, or failure to make, contributions in accordance with the arrangements, and any relevant insolvency event occurring on or after that date shall have the same effect as they would have had before that date.
3
Paragraph (2) is without prejudice to the generality of paragraph (1).
Signed by authority of the Secretary of State for Social Security.
Oliver Heald
Parliamentary Under-Secretary of State,
Department of Social Security
11th December 1996