text:
PART I
GENERAL
Citation and commencement
1
This Order may be cited as the Cambridgeshire (City of Peterborough) (Structural, Boundary and Electoral Changes) Order 1996 and shall come into force for the purposes of articles 2(2), 6(1), (3) and (4) and 8 to 11 on the day after the day on which it is made and for all other purposes on 1st April 1998.
Interpretation
2
1
In this Order —
“ the Act ” means the Local Government Act 1992;
“the 1972 Act ” means the Local Government Act 1972; ;
“Cambridgeshire” means the non-metropolitan county of Cambridgeshire and “the County Council” means the council of that county;
“electoral division” means an electoral division of Cambridgeshire constituted by the County of Cambridgeshire (Electoral Arrangements) Order 1984;
“map” means the map prepared by the Department of the Environment, marked “Map of the Cambridgeshire (City of Peterborough) (Structural, Boundary and Electoral Changes) Order 1996” and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994;
“Peterborough”(except in references to the county of Peterborough) means the city of Peterborough and “the Peterborough Council” means the council of that city;
“the relevant date” means 5th May 1997;
“relevant provision” means a provision in any subordinate legislation made under the Act or made, in connection with the Act or such provision, under any other enactment;
“the reorganisation date” means 1st April 1998; and
“subordinate legislation” has the same meaning as in section 21 of the Interpretation Act 1978.
2
The period beginning with the relevant date and ending immediately before the reorganisation date is specified as the preliminary period for the purposes of any statutory instrument made under the Act.
PART II
BOUNDARY CHANGES AFFECTING PETERBOROUGH
Constitution of new county of Peterborough
3
1
Peterborough shall cease to form part of Cambridgeshire.
2
A new county shall be constituted comprising the area of Peterborough and shall be named the county of Peterborough.
3
Section 2(1) of the 1972 Act (which provides that every county shall have a council) shall not apply in relation to the county of Peterborough.
Transfer of areas
4
1
The area marked A1 on the map shall be transferred from —
a
Peterborough;
b
the Orton Waterville ward of that city; and
c
the parish of Orton Waterville;
to —
i
the district of Huntingdonshire;
ii
the Elton ward of that district;
iii
the Norman Cross electoral division; and
iv
the parish of Alwalton.
2
The area marked C1 on the map shall be transferred from —
a
Peterborough;
b
the Stanground ward of that city; and
c
an unparished area;
to —
i
the district of Huntingdonshire;
ii
the Farcet ward of that district;
iii
the Norman Cross electoral division; and
iv
the parish of Farcet.
3
The area marked B1 on the map shall be transferred from —
a
the district of Huntingdonshire;
b
the Farcet ward of that district; and
c
the parish of Farcet;
to —
i
Peterborough;
ii
the Fletton ward of Peterborough;
and shall become unparished.
4
The area marked B2 on the map shall be transferred from —
a
the district of Huntingdonshire;
b
the Yaxley ward of that district; and
c
the parish of Yaxley;
to —
i
Peterborough;
ii
the Fletton ward of Peterborough;
and shall become unparished.
5
The area marked B3 on the map shall be transferred from —
a
the district of Huntingdonshire;
b
the Elton ward of that district; and
c
the parish of Alwalton;
to —
i
Peterborough;
ii
the Fletton ward of Peterborough;
and shall become unparished.
PART III
LOCAL GOVERNMENT REORGANISATION IN PETERBOROUGH
Structural change
5
The functions of the County Council in relation to Peterborough shall, subject to the following provisions of this Part and to any other relevant provision, be transferred to the Peterborough Council.
Fire services
6
1
In this article —
“the 1947 Act ” means the Fire Services Act 1947; and
“the relevant area” means the area comprising Cambridgeshire (as constituted on and after the reorganisation date) and Peterborough (as so constituted).
2
Peterborough shall, subject to any combination scheme under the 1947 Act, become the area of a fire authority for the purposes of that Act.
3
For the purposes of the making of a combination scheme with respect to the relevant area before the reorganisation date in accordance with section 10 of the 1947 Act (power to make schemes in advance of alterations to local government areas), section 5(2) of that Act shall have effect, in relation to that area, as if —
a
in paragraphs (a) and (d) of that subsection, for “the constituent authorities”, wherever those words occur, there were substituted “the council of the county of Cambridgeshire”; and
b
in paragraphs (e) and (f) of that subsection, for “any of the constituent authorities” there were substituted “the council of the county of Cambridgeshire”.
4
Section 10 of the 1947 Act shall have effect, in relation to the relevant area, as if after the word “but” there were inserted the words “, except so far as it relates to the constitution of an authority as the fire authority for the combined area constituted by the scheme and the performance by that authority of any functions necessary for bringing the scheme into full operation on that date,”.
Planning functions
7
1
The structure plan applying immediately before the reorganisation date to Cambridgeshire and any proposals prepared before that date for the alteration or replacement of that plan shall be treated as if they had been prepared jointly by the County Council and the Peterborough Council; and section 50 of the Town and Country Planning Act 1990 (“the 1990 Act ”) shall apply accordingly.
2
In relation to the Peterborough Council —
a
section 36(5) of the 1990 Act (which provides that a local plan shall not contain policies in respect of minerals or waste) shall not apply;
b
subsection (1) of section 37 of that Act (minerals local plans) shall have effect as if, after the words “local plan”, there were added the words “or include in their local plan their detailed policies in respect of development consisting of the winning and working of minerals or involving the deposit of mineral waste”; and
c
subsection (2) of section 38 of that Act (waste policies) shall have effect as if, after paragraph (b), there were added the following —
or
c
include their waste policies in their local plan.
.
PART IV
ELECTORAL ARRANGEMENTS
Electoral areas in Peterborough
8
1
For the purposes of an election held on or after 1st May 1997, the existing wards of Peterborough shall be abolished and Peterborough shall be divided into eighteen wards as set out in the Schedule to this Order.
2
The number of councillors to be elected for each ward shall be three.
Election of councillors in Peterborough in 1997 and subsequent years
9
1
Elections of all councillors for the Peterborough Council shall be held simultaneously on the ordinary day of election of councillors in 1997.
2
The councillors holding office for any ward in the city immediately before 5th May 1997 shall retire on that date and the newly elected councillors for any such ward shall come into office on that date.
3
Subject to the provisions in this article, the election of councillors shall be by thirds.
4
Of the councillors elected at the ordinary election of councillors in 1997 for any ward of the city —
a
one-third shall retire in 1999 being, subject to paragraphs (5) and (6) below, the councillor elected by the smallest number of votes;
b
one-third shall retire in 2000 being, subject as aforesaid, the councillor elected by the next smallest number of votes;
c
the remaining councillor shall retire in 2001.
5
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any such year, the person to retire in that year shall be determined by lot.
6
If an election of councillors for any ward is not contested, the person to retire in each such year shall be determined by lot.
7
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen, and the drawing shall be conducted under the direction of the person presiding at the meeting.
8
In each year in which a councillor for a ward in the city retires in accordance with paragraphs (4) to (7) above an election of a councillor for that ward shall be held on the ordinary day of election of councillors in that year; and the term of office of councillors elected at such an election shall be three years.
9
Except as otherwise provided in the foregoing paragraphs of this article, the term of office of councillors shall be four years, and all councillors shall retire on the fourth day after the ordinary day of election of councillors for the city in the year of retirement and the newly elected councillors shall come into office on the day on which their predecessors retire.
Elections in 1997
10
1
For the purposes of the election of councillors for the Fletton ward of Peterborough on the ordinary day of election of councillors in 1997, and the filling of any casual vacancy occurring in the office of councillor for that ward after those elections and before the reorganisation date, the areas marked B1, B2 and B3 on the map shall be treated as if they had been transferred to that ward on the day after the day on which this Order is made.
2
For the purposes of the election of councillors for the Norman Cross electoral division at the ordinary elections in 1997, and the filling of any casual vacancy occurring in the office of councillor for that division after those elections and before the reorganisation date, the areas marked A1 and C1 on the map shall be treated as if they had been transferred to that electoral division on the day after the day on which this Order is made.
Suspension of elections and retirement of councillors
11
1
The ordinary election of councillors in 1997 for the electoral divisions comprised in Peterborough shall not take place; and any councillor for such a division holding office immediately before the relevant date who would, but for this paragraph, have retired on that date shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until the reorganisation date.
2
Section 89 of the 1972 Act (filling of casual vacancies in case of councillors) shall have effect —
a
in the case of a casual vacancy occurring in the office of councillor of the Peterborough Council before the relevant date, as if the reference in subsection (3) of that section to the day on which the councillor whose office is vacant would regularly have retired were a reference to the relevant date; and
b
in the case of a casual vacancy occurring in the office of councillor for any electoral division referred to in paragraph (1) above, as if that reference in that subsection were a reference to the reorganisation date.
3
The electoral divisions comprised in Peterborough shall cease to be electoral divisions on the reorganisation date.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
18th July 1996


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Occupational Pension Schemes (Disclosure of Information) Regulations 1996 and shall come into force on 6th April 1997.
2
In these Regulations, unless the context otherwise requires —
“the 1993 Act ” means the Pension Schemes Act 1993;
“the 1995 Act ” means the Pensions Act 1995;
“accrued rights” has the meaning given in section 124(2) of the 1995 Act;
“active member” has the meaning given in section 124(1) of the 1995 Act;
“the actuary” has the meaning given in section 47(1)(b) of the 1995 Act;
“the auditor” has the meaning given in section 47(1)(a) of the 1995 Act;
“beneficiary”, in relation to a scheme, means a person, other than a member of the scheme, who is entitled to the payment of benefits under the scheme;
“deferred member” has the meaning given in section 124(1) of the 1995 Act;
“employer”, in relation to a member or prospective member of a scheme, means —
a
in the case of an employed earner, the secondary contributor (within the meaning of section 7 of the Social Security Contributions and Benefits Act 1992 ) in relation to any payment of earnings in respect of the employment concerned, and
b
in the case of a self-employed earner, any other person, government department or public authority who has made, or is to make, payments to the scheme in respect of the earner;
“excluded person” means a deferred member whose present address is not known to the trustees and in respect of whom correspondence sent by the trustees to his last address known to the trustees has been returned;
“funded”, in relation to benefits under a scheme, means provided by setting aside resources (other than assets at the disposal of the employer of any person who is employed in relevant employment) in advance which are related to the intended rate or amount of the benefits;
“independent person” has the meaning given in section 23(3) of the 1995 Act;
“independent trade union” has the meaning given in section 235(1) of the Employment Rights Act 1996 ;
“managers” has the meaning given in section 124(1) of the 1995 Act;
“member” has the meaning given by section 124(1) of the 1995 Act;
“money purchase benefits” means benefits the rate or amount of which are calculated by reference to a payment or payments made by the member, or by any other person in respect of the member, and which are not average salary benefits;
“money purchase scheme” means a pension scheme under which all the benefits that may be provided are money purchase benefits;
“multi-employer scheme” means a scheme in relation to which there is more than one employer, which is divided into two or more sections and the provisions of which 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;
“normal pension age” has the meaning given by section 180 of the 1993 Act;
“pensionable service” has the meaning given by section 124(1) of the 1995 Act;
“pensioner member” has the meaning given by section 124(1) of the 1995 Act;
“professional advisers” has the meaning given by section 47 of the 1995 Act;
“prospective member” means any person who, under the terms of his contract of service and the scheme rules —
a
is able, at his own option, to become a member of the scheme,
b
will become so able if he continues in the same employment for a sufficiently long period,
c
will be admitted to it automatically unless he makes an election not to become a member, or
d
may be admitted to it subject to the consent of his employer;
“protected rights” has the meaning given by section 10(1) and (2) of the 1993 Act ;
“public service pension scheme” has the meaning given by section 1 of the 1993 Act;
“Regulatory Authority” means the Occupational Pensions Regulatory Authority;
“relevant employment” means any employment to which the scheme relates;
“request” means a request in writing;
“scheme” means an occupational pension scheme;
“scheme year”, in relation to a scheme, means —
a
a year specified for the purposes of the scheme in any document comprising the scheme or, if none, a period of 12 months commencing on 1st April or on such other date as the trustees select; or
b
such other period (if any) exceeding 6 months but not exceeding 18 months as is selected by the trustees —
i
in connection with the commencement or termination of the scheme, or
ii
in connection with a variation of the date on which the year or period referred to in paragraph (a) is to commence;
“simplified defined contribution scheme” means a scheme approved by the Commissioners of Inland Revenue under section 591 of the Income and Corporation Taxes Act 1988 and which provides benefits which are limited by reference to —
a
the aggregate amount of the contributions which can be paid by a member and his employer, and
b
the maximum lump sum retirement benefit which can be provided under the scheme;
“tax-approved scheme” means a scheme which is —
a
approved by the Commissioners of Inland Revenue for the purposes of sections 590 or 591 of the Income and Corporation Taxes Act 1988, or
b
a statutory scheme as defined in section 611A of that Act ;
“trustees”, in relation to a scheme which is not set up or established under a trust, means the managers of the scheme, except in relation to a scheme established outside the United Kingdom, and in such a case “trustees” means the person or body treated by the Commissioners of Inland Revenue for the time being as the administrator of the scheme for the purposes of Chapter I of Part XIV of the Income and Corporation Taxes Act 1988;
“wholly insured scheme” means a scheme under which all the benefits provided are secured by a policy or policies of insurance or an annuity contract or contracts.
3
Except in so far as the context otherwise requires, any reference —
a
in these Regulations to a numbered regulation or Schedule is to the regulation in, or, as the case may be, the Schedule to, these Regulations bearing that number;
b
in a regulation or Schedule to a numbered paragraph is to the paragraph of that regulation or Schedule bearing that number;
c
in a paragraph to a lettered sub-paragraph is to the sub-paragraph of that paragraph bearing that letter.
Application of these Regulations
2
1
Subject to paragraphs (2) and (3), and regulations 6(2), 7(2) and 8, these Regulations apply in relation to a scheme which —
a
is, or was formerly, a tax approved scheme (or in respect of which an application for tax approval has been made which has not been determined); or
b
is a public service pension scheme.
2
These Regulations do not apply to a scheme —
a
whose members are fewer than 2;
b
which provides benefits only in the event of the death of a person who is, immediately before his death, employed in relevant employment; or
c
unless —
i
it is established in the United Kingdom, or
ii
it has 1 or more trustees resident in the United Kingdom.
3
Regulations 3 to 7 shall not apply to a scheme established by the Salvation Army Act 1963 .
4
These Regulations do not impose on the trustees of a scheme any duty in relation to —
a
any member or prospective member if no person who employs him in relevant employment has informed the trustees that he is a member or prospective member; or
b
an independent trade union recognised to any extent for the purposes of collective bargaining in relation to members and prospective members of the scheme if no person who employs any such member or prospective member in relevant employment has informed the trustees that the trade union is so recognised;
c
any member where all members are trustees.
Constitution of scheme
3
1
Subject to paragraph (5), the trustees of a scheme shall make provision, in the manner specified in paragraph (2), for the disclosure, to persons and trade unions in the categories specified in paragraph (3), of —
a
the contents —
i
of the trust deed constituting the scheme, if it is constituted by such a deed; or
ii
of any document constituting the scheme, if it is not constituted by a trust deed,
and, if the rules of the scheme are not set out in a trust deed or other document the contents of which fall to be disclosed under sub-paragraph (a)(i) or (ii), the contents of the rules;
b
the contents of any document which amends or supplements or wholly or partly supersedes a document the contents of which fall to be disclosed under sub-paragraph (a) or this sub-paragraph; and
c
if the name and address of every person who employs any member of the scheme in relevant employment is not set out in any trust deed or other document the contents of which fall to be disclosed under sub-paragraph (a) or (b), the contents of a document setting out the name and address of every such person.
2
A copy of any of the documents referred to in paragraph (1), shall, within 2 months of a request being made by a person or a trade union in the categories specified in paragraph (3) —
a
be made available free of charge for inspection at a place which is reasonable having regard to the circumstances of the request and of the person who or trade union which made it; or, at their option,
b
be furnished to such person or trade union, and where a charge is levied it shall not exceed the expense incurred in copying, posting and packing such copy, so however that in the case of a document copies of which are publicly available, the trustees may, instead of furnishing a copy, advise the person who or trade union which has requested it where copies may be obtained.
3
The categories of persons and trade unions mentioned in paragraphs (1) and (2) are the following, namely —
a
members and prospective members of the scheme;
b
spouses of members and of prospective members;
c
beneficiaries under the scheme;
d
independent trade unions recognised to any extent for the purposes of collective bargaining in relation to members and prospective members of the scheme.
4
Any document of which disclosure is required by paragraph (1) which is not in the English language shall be accompanied by a translation in that language.
5
Nothing in this regulation shall require the disclosure of any matter in relation to a member, beneficiary or prospective member that is not relevant to that person’s rights or prospective rights under the scheme, or, where disclosure is made to a trade union, of any matter which is not relevant to the rights or prospective rights of members or prospective members who are of a class of employee in relation to which the trade union is a recognised trade union for the purposes of collective bargaining.
6
Where any provision of an Act or statutory instrument has been set out in a document which is required to be disclosed by paragraph (1), or has been incorporated in such a document by reference, that provision shall be disclosed either —
a
by giving a reference to it and the Act or statutory instrument in which it is contained; or
b
by setting out its text.
Basic information about the scheme
4
1
Subject to the provisions of paragraph (4), the trustees of a scheme shall furnish in writing the information specified in Schedule 1 to persons and trade unions in the categories specified in paragraphs (2) and (3).
2
The information specified in Schedule 1 shall be given as of course, where practicable, to every prospective member and where it has not been practicable so to do, such information shall be given to a person within 2 months of his becoming a member of the scheme, and to the extent that any information so specified has not previously been given to a person who was a member of the scheme on 5th April 1997, such information shall be given to that person by 5th April 1998.
3
The information specified in Schedule 1 shall be given to —
a
any member or prospective member of, or beneficiary under, the scheme;
b
the spouse of any member or prospective member; or
c
any independent trade union recognised to any extent for the purposes of collective bargaining in relation to members and prospective members of the scheme,
on request (except where the same information was furnished to that person or trade union in the 12 months prior to the request being made), as soon as practicable and in any event within 2 months of the request being made.
4
Where different information is applicable to different members, prospective members and beneficiaries, nothing in this regulation shall be construed as requiring the trustees to disclose information in relation to a member, prospective member or beneficiary that is not relevant to that person’s rights or prospective rights under the scheme, or, where disclosure is made to a trade union, of any matter which is not relevant to the rights or prospective rights of members or prospective members who are of a class of employee in relation to which the trade union is a recognised trade union for the purposes of collective bargaining.
5
The trustees shall notify all members and beneficiaries (except excluded persons) of any change in relation to the scheme which will result in a material alteration in the information referred to in paragraphs 1 to 25 and 29 of Schedule 1, before that change takes effect, where it is practicable so to do, and in any event not later than 3 months after that change has taken effect.
6
When any information specified in Schedule 1 is provided, it shall be accompanied by a written statement that further information about the scheme is available, giving the address to which enquiries about it should be sent.
Information to be made available to individuals
5
1
The trustees of a scheme shall furnish in writing the information specified in Schedule 2 to the persons, and in the circumstances, specified in paragraphs (2) to (12).
2
Where benefit under the scheme has become, or is about to become, payable to a person, the information mentioned in paragraphs 1 to 3 and 11 of Schedule 2 shall be furnished to that person, as of course, before or within 1 month after the date on which benefit becomes payable, or within 2 months after such date where that person is retiring before normal pension age.
3
Where the amount of benefit payable to a person is or is about to be altered otherwise than in accordance with a provision such as is mentioned in paragraph 3 of Schedule 2, the information (as changed) that is mentioned in paragraphs 1 and 11 of Schedule 2 shall be furnished to that person, as of course, before or within 1 month after the date on which the decision to alter the amount is made, or if the alteration has effect from a later date, before or within 1 month after that date.
4
Except in relation to money purchase benefits, the information mentioned in paragraph 4 of Schedule 2, so far as it relates to any active or deferred member, shall be furnished to such member, on request (not being a request made within 12 months of the last occasion on which any such information as is mentioned in that paragraph was furnished to the member making the request) as soon as practicable and, in any event, within 2 months of the request being made.
5
In the case of a scheme which provides money purchase benefits, the information mentioned in paragraphs 5 and 6 of Schedule 2 shall be furnished in relation to those money purchase benefits, as of course, to each member of the scheme eligible for money purchase benefits so far as it relates to such member (except excluded persons), within 9 months of the end of the first scheme year and thereafter at least once in every period of 12 months after the date of his becoming a member of it.
6
Where a scheme is, or has been, a money purchase scheme, or a scheme which makes provision for the payment of money purchase benefits in relation to one or more members’ employments, the information mentioned in paragraph 7 of Schedule 2 shall be sent, as of course, to each such member —
a
in a case where the trustees or managers of the scheme know of no reason to suppose that the member will not give effect to his rights on the date on which he attains normal pension age, at least 6 months before he attains that age;
b
in any other case —
i
if the date of the agreement in respect of when the member is to give effect to his rights (“the date of agreement”) is more than 6 months before the agreed date for giving effect to his rights (“the agreed date”), at least 6 months before the agreed date, and
ii
if the date of agreement is not more than 6 months before the agreed date, within 7 days of the date of agreement and in any event before the agreed date.
7
Where a scheme which has been a money purchase contracted-out scheme in relation to one or more members’ employments ceases to be such a scheme in relation to any of them, the trustees of the scheme shall inform each member (“the affected member”), in relation to whose employment the scheme has ceased to be such a scheme, as soon as practicable and in any event not more than 1 month after the date on which it ceased to be such a scheme, that the scheme has so ceased, and furnish the affected member, as soon as practicable and in any event not more than 4 months after the date on which it ceased to be such a scheme with —
a
the information mentioned in paragraphs 5, 6, 8 and 9 of Schedule 2, and
b
except where the scheme is able to meet in full its liabilities to the affected member, the information mentioned in paragraph 10 of Schedule 2.
8
Where a member of or a beneficiary under a scheme has died and rights or options may be exercisable by a person in consequence, the information mentioned in paragraphs 11 and 12 of Schedule 2 shall —
a
where the trustees are aware of his existence and he is at least 18 years old and his address is known to the trustees, be furnished as of course and as soon as practicable to that person and, in any event, within 2 months after the trustees receive notification of the death; and
b
on request (not being a request made within 3 years of the last occasion on which information was furnished under this paragraph to the same person in the same capacity) be furnished to any person who is a personal representative of the deceased person or who is authorised to act on behalf of the person to whom rights or options under the scheme may be available in consequence of the death, as soon as practicable and, in any event, within 2 months after the request is made.
9
The information mentioned in paragraphs 13 and 14 of Schedule 2 shall be furnished on request (not being a request made less than 12 months after the last occasion on which such information was furnished to the same person) to any member or prospective member within 2 months of his request.
10
Subject to paragraph (11), when the trustees have commenced winding up the scheme, they shall as of course, as soon as practicable, and in any event within 1 month —
a
inform all members and beneficiaries (except excluded persons) that they have done so, giving the reasons why and stating the name and address of a person to whom any further enquiries about the scheme should be sent;
b
where section 22 of the 1995 Act applies, inform all members and beneficiaries (except excluded persons) that at least one of the trustees is required by section 23 of that Act to be an independent person;
c
inform all active members whether death in service benefits will continue to be payable; and
d
furnish all members and beneficiaries (except excluded persons) with the information mentioned in paragraph 15 of Schedule 2 at that time and at least once in every successive 12 month period preceding the completion of the winding up.
11
In the case of a multi-employer scheme, the requirements specified in paragraph (10) shall apply only in relation to members of or beneficiaries under such section of that scheme as the trustees have commenced winding up.
12
When the trustees are engaged in winding up the scheme, they shall, where the information is available to them, as soon as practicable, and in any event within 3 months after they have done what they are able to do to discharge their liabilities in relation to a member or beneficiary in accordance with the applicable winding up rules —
a
furnish the information mentioned in paragraphs 1 to 3 of Schedule 2, to that beneficiary or to that member where that member is entitled to payment of benefits, and (except in relation to money purchase benefits) where that member is not entitled to payment of benefits, furnish the information mentioned in paragraph 16 of Schedule 2 to that member (except where that member is an excluded person); and
b
inform each person who is entitled to information under sub-paragraph (a) —
i
whether, and if so by how much, the benefits in question are reduced because the scheme’s resources are not sufficient to meet its liabilities; and
ii
who has or will become liable for the payment of those benefits.
13
When any information specified in Schedule 2 is provided, it shall be accompanied by a written statement that further information about the scheme is available, giving the address to which enquiries about it should be sent.
Availability and content of annual report
6
1
Subject to paragraph (2), the trustees of any scheme shall, in relation to, and not more than 7 months after the end of, each scheme year which ends on or after 6th April 1997, make available a document which contains —
a
a copy of the audited accounts and the auditor’s statement where required by regulations made under section 41(1) and (2)(a) and (b) of the 1995 Act for the scheme year to which the document relates;
b
a copy of the latest actuarial statement (whether or not a revised statement) where required by regulations made under section 41(1) and (2)(c) of the 1995 Act;
c
where section 56 of the 1995 Act applies to the scheme, a copy of the latest certificate obtained in accordance with regulations made under section 57(1)(b) of the 1995 Act; and
d
other information, consisting of or including the information specified in Schedule 3, so far as it applies to the scheme,
to the persons, in the circumstances and in the manner specified in paragraphs (3), (4) and (6).
2
The requirements of this regulation do not apply to a public service pension scheme —
a
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
b
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.).
3
A copy of the latest such document as is mentioned in paragraph (1) shall be furnished free of charge on request (not being a second or subsequent request by the same person or, as the case may be, trade union, for a copy of the same document) to any person or trade union in the categories specified in paragraph (6) within 2 months of the request being made.
4
A copy of any such document as is mentioned in paragraph (1), being neither the latest nor one which relates to a scheme year which ended more than 5 years previously, shall, within 2 months of a request being made by any person or trade union in the categories specified in paragraph (6) —
a
be made available free of charge for inspection at a place which is reasonable having regard to the circumstances of the request and of the person who or trade union which made it; or, at their option,
b
be furnished to such person or trade union, and where a charge is levied it shall not exceed the expense incurred in copying, posting and packing such copy.
5
In the case of a scheme year ending before 6th April 1997, a reference to such document as is mentioned in paragraph (1) shall, except in relation to regulation 11(2) (penalties), be deemed to include copies of a document made available by the trustees under regulation 9 of the Occupational Pension Schemes (Disclosure of Information) Regulations 1986 .
6
The categories of persons and trade unions mentioned in paragraphs (3) and (4) are the following, namely —
a
members and prospective members of the scheme;
b
spouses of members and of prospective members of the scheme;
c
beneficiaries under the scheme;
d
independent trade unions recognised to any extent for the purposes of collective bargaining in relation to members and prospective members of the scheme.
7
When a copy of a document is furnished in accordance with paragraph (3) or (4), it shall be accompanied by a written statement that further information about the scheme is available, giving the address to which enquiries about it should be sent.
Availability of actuarial valuation, schedule of contributions, payment schedule and statement of investment principles
7
1
Subject to paragraph (2), the trustees of any scheme shall make provision in the manner specified in paragraph (3), for the disclosure of —
a
the latest actuarial valuation where required by regulations made under section 41(1) and (2)(c) of the 1995 Act;
b
where section 56 of the 1995 Act applies to the scheme, the latest actuarial valuation required under section 57(1)(a) of the 1995 Act;
c
the schedule of contributions or payment schedule (in either case whether or not revised) where required under section 58 or 87 of the 1995 Act; and
d
the latest statement of the principles governing decisions about investments where required under section 35 of the 1995 Act,
to persons and trade unions in the categories specified in paragraph (4).
2
The requirements of this regulation do not apply to a public service pension scheme such as is referred to in regulation 6(2).
3
A copy of any such document as is mentioned in paragraph (1), being the latest such document, shall, within 2 months of a request being made by a person or a trade union in the categories specified in paragraph (4) —
a
be made available free of charge for inspection at a place which is reasonable having regard to the circumstances of the request and of the person who or trade union which made it; or, at their option,
b
be furnished to such person or trade union, and where a charge is levied it shall not exceed the expense incurred in copying, posting and packing such copy.
4
The categories of persons and trade unions mentioned in paragraphs (1) and (3) are the following, namely —
a
members and prospective members of the scheme;
b
spouses of members and of prospective members of the scheme;
c
beneficiaries under the scheme;
d
independent trade unions recognised to any extent for the purposes of collective bargaining in relation to members and prospective members of the scheme.
5
When a copy of a document is furnished in accordance with paragraph (3), it shall be accompanied by a written statement that further information about the scheme is available, giving the address to which enquiries about it should be sent.
Limited disclosure requirement imposed on trustees of schemes which are not tax-approved or public service pension schemes and on trustees of a scheme established by the Salvation Army Act 1963
8
1
This regulation applies to schemes to which neither regulation 2(1)(a) nor (b) refers and to a scheme established by the Salvation Army Act 1963.
2
Where this regulation applies, the trustees —
a
shall give, as of course, in writing, where practicable to every prospective member, and where it has not been practicable so to do, to a person within 2 months of his becoming a member of the scheme, the information specified in paragraphs 12, 19 and 24 to 29 of Schedule 1, together with —
i
a statement as to which of the benefits are, and which are not funded, and where benefits are funded, the manner in which they are secured, and
ii
a statement that the provisions of the 1995 Act, subject to certain exceptions, are not applicable to the scheme; and
b
to the extent that the information specified in sub-paragraph (a) has not previously been given to a person who was a member of the scheme on 5th April 1997, shall give such information to that person by 5th April 1998.
3
The information referred to in paragraph (2) shall be given to any independent trade union, in so far as that information is relevant to the rights of members or prospective members of the scheme who are of a class of employee in relation to which it is a recognised trade union for the purposes of collective bargaining, on request as soon as practicable and in any event within 2 months of the request being made.
4
When any information specified in paragraph (2) is provided, it shall be accompanied by a written statement that further information about the scheme is available, giving the address to which enquiries about it should be sent.
Recognised trade unions
9
Any question whether an organisation is an independent trade union recognised to any extent for the purposes of collective bargaining in relation to members and prospective members of a scheme shall be referred to an industrial tribunal.
Service of documents by post
10
1
Any —
a
information or document which these Regulations require the trustees of a scheme to give or furnish;
b
request for information or for a document to be given or furnished in pursuance of these Regulations; or
c
information to be given to the trustees of a scheme in relation to requirements imposed by these Regulations,
may be furnished, made or given by post.
2
Any information or document which these Regulations require the trustees of a scheme to give or furnish as of course to a beneficiary or a member who is not employed in relevant employment shall be deemed to have been given or furnished if it was sent to him by post to his last address known to the trustees.
Penalties
11
1
Where any person fails, without reasonable excuse, to comply with any requirement imposed under regulations 4(2), 5(2) to (11) or 8(2), the Regulatory Authority may require that person to pay within 28 days a penalty which shall —
a
in the case of an individual not exceed £1,000, and
b
in any other case, not exceed £10,000.
2
Where any person fails, without reasonable excuse, to comply with any requirement imposed under regulations 3(2), 3(4), 3(6), 4(3), 4(5), 4(6), 5(12), 6(3), 6(4), 6(6), 7(3), 7(5), 8(3) or (4) the Regulatory Authority may require that person to pay within 28 days a penalty which shall —
a
in the case of an individual not exceed £200, and
b
in any other case not exceed £1,000.
Revocation
12
The regulations listed in column 2 of Schedule 4 to these Regulations are revoked to the extent specified in column 3 of that Schedule.
Signed by authority of the Secretary of State for Social Security.
Oliver Heald
Parliamentary Under-Secretary of State,
Department of Social Security
26th June 1996


text:
Citation and commencement
1
These Regulations may be cited as the Gas Safety (Management) Regulations 1996 and shall come into force on 1st April 1996 except regulation 8 which shall come into force on 31st October 1996.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“the 1994 Regulations ” means the Gas Safety (Installation and Use) Regulations 1994 ;
“distribution main” has the same meaning as in regulation 2(1) of the 1994 Regulations;
“electricity generating station” includes an electricity generating station used for generating electricity for use on the same premises on which it is situated;
“emergency control” has the same meaning as in regulation 2(1) of the 1994 Regulations;
“emergency service provider” means a person appointed pursuant to regulation 7(11);
“ the Executive ” means the Health and Safety Executive;
“gas” means any substance in a gaseous state which consists wholly or mainly of methane;
“gas fittings” means gas fittings as defined in regulation 2(1) of the 1994 Regulations as if the phrase “(other than the purpose of an industrial process carried out on industrial premises)” did not appear in that definition;
“gas processing facility” means any gas processing facility which —
blends or purifies gas, removes from gas any of its constituent gases or separates from gas any oil or water; and
is situated at a terminal which receives gas directly or indirectly from a gas production facility;
“gas production facility” means a facility for the extraction of gas from strata or for the manufacture of gas;
“installation pipework” has the same meaning as in regulation 2(1) of the 1994 Regulations;
“interconnector” means a pipeline used for the conveyance of gas to Great Britain from another country;
“network” shall be construed in accordance with paragraphs (2) to (4);
“network emergency co-ordinator” shall be construed in accordance with paragraphs (2) and (3) of regulation 3;
“pipe” includes a pipeline, distribution main, service pipe and any ancillary plant connected to a pipe and used for the conveyance of gas, but it does not include a pipe downstream of an emergency control;
“safety case” shall be construed in accordance with paragraph (5);
“service pipe” has the same meaning as in regulation 2(1) of the 1994 Regulations;
“supply emergency” means an emergency endangering persons and arising from a loss of pressure in a network or any part thereof.
2
Any reference in these Regulations to a network is, subject to paragraphs (3) and (4), a reference to a connected network of pipes used for the conveyance of gas from a gas processing facility, a storage facility or an interconnector, except a connected network of pipes used exclusively for conveying gas to non-domestic premises.
3
A network does not include pipes upstream from a junction on a pipe used exclusively for conveying gas to an electricity generating station; and in this paragraph the reference to a junction on a pipe used exclusively for conveying gas to an electricity generating station is a reference to the point where the upstream end of the pipe joins a pipe used for another purpose.
4
Where gas which does not conform with the requirements referred to in regulation 8(1) is conveyed from a gas processing facility for treatment or blending so as to bring it into conformity with those requirements, any pipes used exclusively for conveying gas from that facility to the point where the gas is treated or blended or to non-domestic premises or to both, shall not be treated as part of a network for the purposes of these Regulations.
5
Any reference in these Regulations to a safety case is a reference to a document containing the particulars required by the provision of these Regulations pursuant to which the safety case is prepared, and —
a
insofar as the document contains other particulars it shall not be treated as part of the safety case for the purposes of these Regulations;
b
nothing in these Regulations shall require the particulars to relate to a source of risk other than the gas itself.
6
Any reference in these Regulations to the Executive accepting a safety case or revision thereof is a reference to the Executive notifying in writing the person who prepared it that it is satisfied with the case for health and safety made out in it.
7
Any reference in these Regulations to the conveyance of gas is a reference to the conveyance of gas through pipes.
8
Any reference in these Regulations to conveying gas in a network includes a reference to conveying gas in any part of the network.
9
Any reference in these Regulations to preventing a supply emergency is a reference to preventing a supply emergency from occurring or continuing.
10
In these Regulations any reference, in relation to a network, to the network emergency co-ordinator is a reference to the network emergency co-ordinator who has prepared and had accepted a safety case relating to that network pursuant to regulation 3(2) or 10(4).
11
Any reference in these Regulations to a person supplying or conveying gas, preparing a safety case or carrying out work in relation to a gas fitting is a reference to a person who does so in the course of a business or other undertaking carried on by him.
12
Unless the context otherwise requires, any reference in these Regulations to —
a
a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered;
b
a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which the reference appears.
Duties on persons conveying gas
3
1
No person shall convey gas in a network unless —
a
he has prepared a safety case containing the particulars specified in Schedule 1 and that safety case has been accepted by the Executive; and
b
where any other person is conveying gas in that network, there is a sole network emergency co-ordinator for the network.
2
For the purposes of these Regulations a network emergency co-ordinator is, subject to paragraph (3), a person who has prepared a safety case containing the particulars specified in Schedule 2 and has had that safety case accepted by the Executive.
3
Where a network emergency co-ordinator has given written notice to the Executive and to all persons conveying gas in the network that he no longer intends to act in that capacity, he shall not be the network emergency co-ordinator for the purposes of these Regulations from the time such notice takes effect (which shall not be less than 6 months after it was given).
4
Nothing in these Regulations shall prevent a person who conveys gas in a network from also being the network emergency co-ordinator.
Revision of safety cases
4
1
A person who has prepared a safety case pursuant to these Regulations shall revise its contents whenever it is appropriate, but nothing in this paragraph shall require him to have the revision accepted by the Executive.
2
Where a revision proposed to be made under paragraph (1) will render the safety case materially different from the last version accepted by the Executive pursuant to these Regulations, the revision shall not be made unless the Executive has accepted the revision, and for the purposes of this paragraph in determining whether a proposed revision will render the safety case materially different from the version referred to above, regard shall be had to the cumulative effect of that proposed revision and any previous revisions made under paragraph (1) but not subject to this paragraph.
3
A person who has prepared a safety case which has been accepted by the Executive pursuant to these Regulations shall make a thorough review of its contents at least every three years.
Duty to conform with safety case
5
1
Where a person has prepared and has had accepted a safety case pursuant to these Regulations he shall ensure, so long as he conveys gas in the network to which the safety case relates or remains a network emergency co-ordinator, as the case may be, that the procedures and arrangements described in the safety case and any revision thereof are followed.
2
In criminal proceedings for a contravention of paragraph (1) it shall be a defence for the accused to prove that —
a
in the particular circumstances of the case it was not in the best interests of health and safety to follow the procedures or arrangements concerned and there was insufficient time to revise the safety case pursuant to regulation 4; or
b
the commission of the offence was due to a contravention by another person of regulation 6 and the accused had taken all reasonable precautions and exercised all due diligence to ensure that the procedures or arrangements were followed.
Co-operation
6
1
Every person to whom this paragraph applies shall co-operate so far as is necessary with a person conveying gas in a network and with a network emergency co-ordinator to enable them to comply with the provisions of these Regulations.
2
Paragraph (1) applies to —
a
a person conveying gas in the network;
b
an emergency service provider;
c
the network emergency co-ordinator in relation to a person conveying gas;
d
a person conveying gas in pipes which are not part of a network by virtue of regulation 2(3) or (4);
e
the holder of a licence issued under section 7A of the Gas Act 1986 ;
f
a person exempted under section 6A(1) of the Gas Act 1986 from paragraph (b) or (c) of section 5(1) of that Act;
g
a person referred to in paragraph 5(1) of Schedule 2A to the Gas Act 1986;
h
the person in control of a gas production facility, a gas processing facility, a storage facility or an interconnector supplying gas to the network.
3
The reference in paragraph (2)(h) to the person in control of a production facility is —
a
where the facility is a fixed installation within the meaning of regulation 2(1) of the Offshore Installations and Pipeline Works (Management and Administration) Regulations 1995 , an operator within the meaning of that regulation;
b
where the facility is at a borehole site within the meaning of regulation 2(1) of the Borehole Sites and Operations Regulations 1995 , an operator within the meaning of that regulation.
4
A person conveying gas in a network may, subject to paragraph (5), direct a person not to consume gas for the period specified in the direction.
5
A direction under paragraph (4) may —
a
only be given where it is necessary to prevent a supply emergency or to prevent danger arising from the use of gas not conforming with the requirements of regulation 8;
b
be given orally or in writing and may be withdrawn at any time.
6
Where a direction is given to a person pursuant to paragraph (4), that person shall comply with it during the period specified in the direction except that this shall not require him to comply with a direction after it has been withdrawn.
7
In criminal proceedings for a contravention of paragraph (6) it shall be a defence for the accused to prove that he had no knowledge of the direction.
8
A person who conveys gas in a network shall, where he is requested to do so by a person proposing to carry out work in relation to a gas fitting, provide him with information about the operating pressures of the gas at the outlet of a service pipe.
Gas escapes and investigations
7
1
It shall be the duty of British Gas p.l.c. to provide a continuously manned telephone service (which shall be contactable within Great Britain by the use of one telephone number) for enabling persons to report an escape of gas from a network or from a gas fitting supplied with gas from a network.
2
Where British Gas p.l.c. is notified of such an escape of gas it shall, if it is not responsible for preventing the escape under paragraphs (4) or (5), report it forthwith to the person who is.
3
A person referred to in regulation 6(2)(a) to (c) and the holder of a licence issued under section 7A(1) of the Gas Act 1986 who discovers or is notified of any such escape of gas (other than by virtue of a report made to him pursuant to paragraph (2)) shall report it forthwith to British Gas p.l.c.
4
Where any gas escapes from a network the person conveying the gas in the part of the network from which the gas escapes shall, as soon as is reasonably practicable after being so informed of the escape, attend the place where the gas is escaping, and within 12 hours of being so informed of the escape, he shall prevent the gas escaping.
5
Where any gas escapes from a gas fitting supplied with gas from a network, the person conveying the gas in the part of the network immediately upstream of the emergency control for the supply of gas to that fitting shall, as soon as is reasonably practicable after being so informed of the escape, attend the place where the gas is escaping, and within 12 hours of being so informed of the escape, he shall prevent the gas escaping.
6
Where a person conveying gas in a network has reasonable cause to suspect that gas conveyed by him which has escaped has entered, or may enter, any premises, he shall, so far as is reasonably practicable, take all the steps necessary to avert danger to persons from such entry.
7
If the responsible person for any premises knows or has reason to suspect that gas is escaping from a gas fitting in those premises supplied with gas from a network he shall immediately take all reasonable steps to cause the supply of gas to be shut off at such place as may be necessary to prevent further escape of gas.
8
If gas continues to escape into those premises after the supply of gas has been shut off or when a smell of gas persists, the responsible person for the premises discovering such escape or smell shall immediately give notice of the escape or smell to British Gas p.l.c.
9
Where an escape of gas has been stopped by shutting off the supply, no person shall cause or permit the supply to be re-opened (other than in the course of repair) until all necessary steps have been taken to prevent a recurrence of such escape.
10
In any proceedings against a person for an offence consisting of a contravention of paragraphs (4) or (5) above it shall, in so far as the contravention is not preventing the escape of gas within the period of 12 hours referred to in those paragraphs, be a defence for the person to prove that it was not reasonably practicable for him effectually to prevent the gas from escaping within that period, and that he did effectually prevent the escape of gas as soon as it was reasonably practicable for him to do so.
11
A person conveying gas may appoint another person to act on his behalf to prevent an escape of gas, and where he does so in advance of discovering or being notified of such an escape —
a
he shall notify British Gas p.l.c. of the name of the person appointed;
b
the appointee shall in relation to the escape be responsible for complying with paragraphs (4) to (6) in substitution for the person conveying the gas, and paragraph (6) shall have effect as if the reference to the person conveying gas having reasonable cause to suspect that the gas has entered or may enter premises were a reference to the appointee having such cause.
12
Where an escape of gas from a gas fitting on domestic premises has resulted in a fire or explosion, the person conveying the gas in the part of the network immediately upstream of the emergency control for the supply of gas to that fitting shall, as soon as is reasonably practicable after receiving notice of the fire or explosion, cause an investigation to be carried out so as to establish, so far as is reasonably practicable, whether the escape was from installation pipework or from an, and if so which, appliance.
13
Where an escape of gas from a network has or was likely to have resulted in a fire or explosion, the person conveying the gas in the part of the network where the gas escaped shall, as soon as is reasonably practicable after receiving notice of the escape, cause an investigation to be carried out so as to establish the source of the escape and, so far as is reasonably practicable, the reason for it.
14
Where an incident notifiable under regulation 6(1) of the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 has arisen as a result of an escape of carbon monoxide gas from incomplete combustion of gas in a gas fitting, the person who supplied the gas shall, as soon as is reasonably practicable after receiving notice of the incident, cause an investigation to be carried out so as to establish, so far as is reasonably practicable, the cause of the escape and accumulation of the carbon monoxide gas.
15
Where a person who conveys gas receives notice of an incident referred to in paragraph (14), he shall, as soon as is reasonably practicable, inform the relevant gas supplier of that fact.
16
A person who causes an investigation to be carried out pursuant to paragraphs (12), (13) or (14) shall —
a
ensure that the individuals who carry it out are competent;
b
notify the Executive before the investigation begins of the intention to carry it out;
c
ensure that a report of the investigation is prepared and a copy of it is sent to the Executive as soon as is reasonably practicable after the investigation has been completed.
17
In this Regulation —
a
“the responsible person” has the same meaning as in regulation 2(1) of the 1994 Regulations;
b
any reference to an escape of gas from a gas fitting includes a reference to an escape or emission of carbon monoxide gas resulting from incomplete combustion of gas in such a fitting;
c
any reference to a fire or explosion of gas is a reference to an unintended fire or explosion of gas;
d
any reference to a person supplying gas does not include a reference to a person to whom the gas is supplied and who provides it for use in a flat or part of premises let by him.
Content and other characteristics of gas
8
1
No person shall, subject to paragraphs (2) to (4), convey gas in a network unless the gas conforms with the requirements specified in Part I of Schedule 3.
2
The network emergency co-ordinator may, where it is necessary to prevent a supply emergency and in accordance with the arrangements specified in his safety case pursuant to paragraph 3(d) of Schedule 2, authorise, for the period specified in the authorisation, gas not conforming with the requirements specified in Part I of Schedule 3 to be conveyed in the network if the gas conforms with the requirements specified in Part II of that Schedule.
3
An authorisation under paragraph (2) may be given orally or in writing and may be withdrawn at any time.
4
Where only one person conveys gas in a network, he may, where it is necessary to prevent a supply emergency and in accordance with the arrangements specified in his safety case pursuant to paragraph 19 of Schedule I, convey gas which does not conform with the requirements specified in Part I of Schedule 3 if the gas conforms with the requirements specified in Part II of that Schedule.
5
A person who conveys gas in a network shall ensure that suitable and sufficient tests are carried out to ensure that the gas conforms with the requirements of paragraphs (1), (2) or (4), as appropriate.
Keeping of documents
9
1
A person who prepares a safety case pursuant to these Regulations shall —
a
ensure that when the safety case is sent to the Executive for acceptance it is notified of an address in Great Britain for the purposes of sub-paragraphs (b) to (f) below;
b
keep the accepted safety case and any revision thereof or a copy thereof at that address;
c
keep each audit report made by him or a copy thereof at that address;
d
ensure that a record is made of any action taken in consequence of such an audit report and keep that record or a copy thereof at that address;
e
ensure that a report is made of every review carried out by him pursuant to regulation 4(3) and ensure that a copy is sent to the Executive;
f
keep such report or a copy thereof at that address; and
g
ensure that a record is made of every test carried out pursuant to regulations 8(5) and 10(6) in relation to gas he conveys and keep that record or a copy thereof at that address.
2
Each report and record required to be kept by paragraph (1) shall be kept for a period of 3 years after it has been made, and the safety case and revision shall be kept for so long as it is current.
3
It shall be sufficient compliance with paragraph (1) for the information in the documents to be kept at the address notified on film or by electronic means provided that the information is capable of being reproduced as a written copy at that address and it is secure from loss or unauthorised interference.
4
Where a person has notified an address pursuant to sub-paragraph (a) of paragraph (1), he may notify to the Executive a different address in Great Britain for the purposes of the provisions referred to in that sub-paragraph, and where he does so references in those provisions and in paragraph (3) where applicable to the address notified shall be construed as the address in the last notification made under this paragraph.
5
In this regulation “audit report” means a report made pursuant to the arrangements referred to in paragraph 11 of Schedule 1 or paragraph 4 of Schedule 2 (to the extent that the later mentioned paragraph relates to arrangements for audit).
Transitional provisions
10
1
Where a person conveys gas in a network before 1st April 1997 it shall be sufficient compliance by him of regulation 3(1)(a) if —
a
the safety case referred to therein is prepared and sent to the Executive by 30th November 1996; and
b
the Executive accepts the safety case by 1st April 1997.
2
The absence of acceptance by the Executive of a safety case prepared pursuant to regulation 3(1)(a) shall not prevent the conveyance of gas between the time of sending the safety case to the Executive and 1st April 1997.
3
Regulation 3(1)(b) need not be complied with until 31st October 1996 if on 1st April 1996 a single person who is willing to act as the network emergency co-ordinator for the network has been appointed for that purpose by all persons conveying gas in the network on 1st April 1996.
4
A person appointed pursuant to paragraph (3) shall by 31st July 1996 prepare and send to the Executive a safety case containing the particulars specified in Schedule 2.
5
Nothing in paragraph (3) shall prevent a person who conveys gas in the network from being appointed under that paragraph.
6
A person who conveys gas in a network shall, until 31st October 1996, ensure that suitable and sufficient tests are carried out to ensure that the Gas Quality Regulations 1983 are complied with in relation to that gas.
Exemptions
11
1
Subject to paragraph (2), the Executive may, by a certificate in writing, exempt any person or class of persons from any requirement or prohibition imposed by these Regulations, and any such exemption may be granted subject to conditions and to a limit of time and may be revoked at any time by a certificate in writing.
2
The Executive shall not grant any such exemption unless, having regard to the circumstances of the case and in particular to —
a
the conditions, if any, which it proposes to attach to the exemption; and
b
any other requirements imposed by or under any enactment which apply to the case;
it is satisfied that the health and safety of persons likely to be affected by the exemption, will not be prejudiced in consequence of it.
Repeals, revocations and amendment
12
1
Section 16 of the Gas Act 1986 is hereby repealed.
2
Paragraphs 20 and 21 of Schedule 2B to the Gas Act 1986 are hereby repealed.
3
The Gas Quality Regulations 1972 are hereby revoked.
4
Notwithstanding paragraph (1), the Gas Quality Regulations 1983 shall continue in force until 31st October 1996 when they shall be revoked.
5
For paragraph (7) of regulation 36 of the 1994 Regulations there shall be substituted the following paragraph —
7
Nothing in paragraphs (1) to (6) above shall apply to an escape of gas from a network (within the meaning of regulation 2 of the Gas Safety (Management) Regulations 1996) or from a gas fitting supplied with gas from a network.
Signed by authority of the Secretary of State
Paul Beresford
Parliamentary Under Secretary of State,
Department of the Environment
4th March 1996


text:
1
These Regulations may be cited as the Fire Services (Appointments and Promotion) (Amendment) Regulations 1996 and shall come into force on 1st September 1996.
2
Regulation 6 of the Fire Services (Appointments and Promotion) Regulations 1978 shall be amended as follows —
a
in paragraph (6) —
i
the number “(i)” shall be omitted;
ii
for the number “(ii)” there shall be substituted the letter “(b)”, and
iii
the words “or” to the end shall be omitted;
b
in paragraph 6A for the letter “(a)” there shall be substituted the letter “(b)”;
c
paragraphs (6B) and (6C) shall be omitted;
d
in paragraph (7) for the words “(in that or an earlier year)” in each place where they occur there shall be substituted “, on one of the three successive immediately preceding occasions on which it was held,” and
e
after paragraph (7) there shall be inserted —
7A
A member of a brigade who has, prior to September 1996, passed Part I of the examination referred to in sub-paragraph (a) or, as the case may be, in sub-paragraph (c) of paragraph (7) above, shall be treated for the purposes of those sub-paragraphs as if he had passed that part of the examination in September 1996.
.
Home Office
David Maclean
Minister of State
8th August 1996


text:
1
This Order may be cited as the A501 Trunk Road (Marylebone Road/Park Crescent Mews West, Westminster) (Temporary Prohibition of Traffic) Order 1996 and shall come into force on the 28th May 1996.
2
This Order is made because the Traffic Director for London is satisfied that traffic in Marylebone Road, Westminster should be restricted because works are being or are proposed to be executed on or near that road.
3
During the period starting at 08.00 hours on 28th May 1996 and ending when those works have been completed or at 08.00 hours on 28th August 1996, whichever is the earlier, subject to the provisions of article 4 below, no person shall cause or permit any vehicle to enter or exit Marylebone Road at its junction with Park Crescent Mews West.
4
1
The provisions of article 3 above shall apply only during such times and to such extent as may from time to time be indicated by traffic signs.
2
The provisions specified in article 3 above shall not apply in respect of —
i
any vehicle being used for the purpose of those works, or for fire brigade, ambulance or police purpose, or
ii
anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
5
During the period specified in article 3 above, the provisions of the Westminster (Waiting and Loading Restriction) Order 1976 are hereby suspended so far as they relate to Park Crescent Mews West.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
17th May 1996


text:
1
1
This Order may be cited as the A21 Trunk Road (Tonbridge Bypass to Pembury Bypass Dualling) Order 1996 and shall come into force on 5th April 1996.
2
In this Order all measurements of distance are measured along the route of the relevant highway.
2
The new highway which the Secretary of State proposes to construct along the route described in the Schedule to this Order shall become a trunk road from the date when this Order comes into force.
3
The centre line of the new trunk road is indicated by a heavy black line on the plan numbered HA 10/1/SWM/125 marked “The A21 Trunk Road (Tonbridge Bypass to Pembury Bypass Dualling) Order 1996”, signed by authority of the Secretary of State for Transport and deposited at the Department of Transport, Great Minster House, 76 Marsham Street, London SW1P 4DR.
4
The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk road that —
a
where the highway is maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the new trunk road is opened for traffic.
Signed by authority of the Secretary of State for Transport
D Ward
Director Southern Operations Division Highways Agency
4th March 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Merton and Sutton Community National Health Service Trust (Transfer of Trust Property) Order 1996, and shall come into force on 31st July 1996.
2
In this Order —
“the Authority” means the Merton, Sutton and Wandsworth Health Authority established on 1st April 1996 ;
“the old Authority” means the Merton, Sutton and Wandsworth Health Authority established on 1st April 1994 and abolished on 1st April 1996 ;
“the Trust” means the Merton and Sutton Community National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the old Authority and the Trust on 14th March 1996, which schedule has been signed on behalf of both the old Authority and the Trust.
Transfer of trust property
2
On 31st July 1996 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State
Department of Health
2nd July 1996


text:
1
This Order may be cited as the Income and Corporation Taxes Act 1988, section 737A, (Appointed Day) Order 1996.
2
The day appointed for the purposes of section 737A of the Income and Corporation Taxes Act 1988 in relation to agreements to sell overseas securities entered into on or after that day is 6th November 1996.
Roger Knapman
Bowen Wells
Two of the Lords Commissioners of Her Majesty’s Treasury
16th October 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Council Tax Benefit (Permitted Totals) Order 1996 and shall come into force on 1st April 1996.
2
In this Order —
“ the Act ” means the Social Security Administration Act 1992 ;
“council tax benefit” means council tax benefit under Part VII of the Contributions and Benefits Act ;
“the Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 ;
“increase in council tax benefit” means the difference between —
in a case in which an authority makes a determination under regulation 51(5) or 54(4) of the Council Tax Benefit Regulations (increase in the appropriate maximum council tax benefit or alternative maximum council tax benefit) , the amount of council tax benefit granted; and the amount of council tax benefit which would have been granted in that case if the authority had not made a determination under the said regulation 51(5) or 54(4).
Permitted total of benefit allowed in exercise of a discretion
2
For the purpose of section 139(g) of the Act, the permitted total of council tax benefit for any year commencing on or after 1st April 1996 in relation to an authority shall be the amount obtained by deducting 100% of any increases in council tax benefit allowed by that authority during that year from the total council tax benefit granted by that authority during mat year and multiplying the resulting figure by 100.1%
Permitted total of benefit in modified schemes
3
For the purpose of section 139(7) of the Act (modifications other than war disablement pension or war widows pension within the Act), the permitted total of council tax benefit for any year commencing on or after 1st April 1996 in relation to an authority shall be the total of the amounts obtained by deducting 100% of any council tax benefit awarded as a consequence of any determination to disregard made by that authority during that year pursuant to a modification adopted by them under section 139(6)(b) of the Act (power to modify council tax benefit schemes as prescribed) and regulation 8 of the Income-related Benefits Schemes Amendment ( No. 2) Regulations 1995 (power to modify in respect of certain pensions to war widows) from the total council tax benefit granted by that authority during that year and multiplying the resulting figure by 100.7%.
Revocation
4
The Council Tax Benefit (Permitted Total) Order 1994 and the Housing Benefit (Permitted Totals) and Council Tax Benefit (Permitted Total) (Pensions for War Widows) Amendment Order 1995 are hereby revoked.
Signed by authority of the Secretary of State for Social Security
Roger Evans
Parliamentary Under-Secretary of State,
Department of Social Security
7th March 1996


text:
Citation and commencement
1
These Regulations, which may be cited as the Medicines (Pharmacies) (Applications for Registration and Fees) Amendment Regulations 1996, come into force on 1st January 1997.
Amendment of the Medicines (Pharmacies) (Applications for Registration and Fees) Regulations 1973
2
In regulation 3 (fees) of the Medicines (Pharmacies) (Applications for Registration and Fees) Regulations 1973 ,
a
in paragraph (1) (fee for registration of premises), for “£124” there is substituted “£128” and for “£66” (fee where premises are in Northern Ireland) there is substituted “£69”,
b
in paragraph (2) (retention fee), for “£80” there is substituted “£82” and for “£61” (fee where premises are in Northern Ireland) there is substituted “£64”,
c
in paragraph (3) (additional sum by way of penalty), for “£256” there is substituted “£264” and for “£189” (sum where premises are in Northern Ireland) there is substituted “£197”.
Revocation
3
The Medicines (Pharmacies) (Applications for Registration and Fees) Amendment Regulations 1995 are hereby revoked.
Signed by Authority of Secretary of State for Health
Gerald Malone
Minister of State
Department of Health
3rd December 1996
William Hague
Secretary of State for Wales
3rd December 1996
James Douglas-Hamilton
Minister of State, The Scottish Office
4th December 1996
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland this
F.A. Elliott
Permanent Secretary
3rd day of December 1996.


text:
Title, extent, commencement and expiry
1
These Regulations may be cited as the Arable Area Payments (Grazing of Bovine Animals on Set-Aside Land) (Temporary Provisions) Regulations 1996, shall extend to Great Britain, shall come into force on 21st June 1996 and shall expire at the end of 31st August 1996.
Interpretation
2
In these Regulations —
a
unless the context otherwise requires, terms shall have the same meanings as those assigned to them by section 2(1) of the main Regulations;
b
“the Commission Regulation” shall mean Commission Regulation ( EC ) No. 1091/96 temporarily permitting the United Kingdom to authorise the use of set-aside land for grazing bovine animals of more than 30 months ;
c
“the main Regulations” shall mean the Arable Area Payments Regulations 1995 ;
d
“relevant land” shall mean land which was, immediately prior to the date of coming into force of these Regulations, set-aside land (other than penalty set-aside land).
Permission to graze bovine animals on relevant land
3
1
Insofar as the Commission Regulation authorises the United Kingdom to permit the grazing of bovine animals of more than 30 months on set-aside land, the grazing of such animals on relevant land is hereby permitted in accordance with paragraph (2) below.
2
The permission referred to in paragraph (1) above applies in respect of any relevant land where —
a
the farmer who has applied for a set-aside compensatory payment in respect of that relevant land —
i
intends to graze, or
ii
intends to permit another person to graze,
animals of the type referred to in paragraph (1) above on that land;
b
in any case to which sub-paragraph (a)(i) above applies, that farmer submits to the Minister written notification in such form as the Minister may reasonably require to the effect that he intends to graze such animals on that land;
c
in any case to which sub-paragraph (a)(ii) above applies, that farmer and that other person jointly submit to the Minister written notification in such form as the Minister may reasonably require to the effect that that farmer intends to permit that other person to graze such animals on that land and that that other person intends to graze such animals on that land; and
d
that farmer receives written confirmation from the Minister that the Minister has received the notification referred to in sub-paragraph (b) above or, as the case may be, sub-paragraph (c) above;
and shall apply from the date of receipt by that farmer of the confirmation referred to in sub-paragraph (d) above until 31st August 1996.
3
The Minister shall give the confirmation referred to in sub-paragraph (d) of paragraph (2) above to that farmer as soon as reasonably practicable after receipt of the notification referred to in sub-paragraph (b) or, as the case may be, sub-paragraph (c) of that paragraph, and may give it by delivery or by sending it by post.
Effect of permission
4
1
For the purposes of the main Regulations it is hereby provided that —
a
land which was set-aside land prior to the date of coming into force of these Regulations shall continue to be regarded as set-aside land notwithstanding the grazing of that land with bovine animals as permitted by regulation 3 above; and
b
the grazing of land as permitted by regulation 3 above shall not be regarded as constituting a breach of any of the requirements of Schedule 2 to the main Regulations (management requirements in relation to set-aside land).
Powers of authorised persons
5
The powers of an authorised person under regulation 15(3) of the main Regulations (which empowers authorised persons to inspect land and growing crops) are hereby extended so as to cover inspection of bovine animals on relevant land for the purpose of ascertaining whether they are being grazed in accordance with the permission granted by regulation 3 above.
Tony Baldry
Minister of State,Ministry of Agriculture, Fisheries and Food
19th June 1996
Lindsay
Parliamentary Under Secretary of State,Scottish Office
19th June 1996


text:
Title, commencement and extent
1
These Regulations may be cited as the Countryside Access (Amendment) Regulations 1996, shall come into force on 1st January 1997, and shall apply to England and Wales.
Amendments to previous Regulations
2
1
The Countryside Access Regulations 1994 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 2(1) (interpretation) —
a
after the definition of “agriculture” and “agricultural” there shall be inserted the following definition —
“agri-environment scheme” means an arrangement which is —
regulated by statutory instrument providing for the payment of aid to persons who give an undertaking or enter an agreement in relation to land to which that instrument relates; and
approved by the Commission of the European Communities under Article 7(3) of the Council Regulation as part of a zonal programme drawn up pursuant to Article 3 of the Council Regulation;
;
b
after the definition of “beneficiary” there shall be inserted the following definitions —
“the Commission Regulation” means Commission Regulation (EC) No. 746/96 laying down detailed rules for the application of the Council Regulation;
“the Council Regulation” means Council Regulation (EEC) No. 2078/92 on agricultural production methods compatible with the requirements of the protection of the environment and the maintenance of the countryside as last amended by Commission Regulation (EC) No. 2772/95 as rectified by Commission Regulation (EC) No. 1962/96 ;
; and
c
for the definition of “set-aside” there shall be substituted the following definition —
“set-aside” means set aside in accordance with the provisions —
of Council Regulation (EEC) No. 1765/92 establishing a support system for producers of certain arable crops , as last amended by Council Regulation (EC) No. 1575/96 , and as read with Commission Regulation (EEC) No. 3738/92 and Council Regulation 1598/96 ; and
of Commission Regulation (EC) No. 762/94 laying down detailed rules for the application of Council Regulation (EEC) No. 1765/92 with regard to the set-aside scheme , as last amended by Commission Regulation (EC) No. 2930/95 , and in particular of Article 5 thereof;
.
3
For regulation 3 (aid for access to land) there shall be substituted the following regulation —
Aid for access to land
3
Subject to the provisions of these Regulations, the Minister may make payments of aid to any person who —
a
on the date of submission of his application —
i
occupies the land to which the application relates as owner or tenant, and
ii
is not prohibited from providing an undertaking pursuant to an agri-environment scheme either by application of a penalty consequent upon Article 20(2) of the Commission Regulation (which requires member states to determine a system of penalties which are effective, commensurate with their purpose and of adequate deterrent effect to be imposed for breaches of undertakings) or by application of Article 20(3) of the Commission Regulation (which requires a person who, intentionally or by reason of gross negligence, makes a false declaration, to be excluded from all aid under the Council Regulation); and
b
undertakes for the duration of the access period —
i
to set aside an area of land on his holding;
ii
to permit members of the public to have access to that area for the purposes of quiet recreation; and
iii
to manage that area and any parcel of land on his holding crossed by an access route in accordance with the requirements set out in the Schedule.
.
4
In regulation 7 (change of occupation) —
a
there shall be substituted for paragraph (2) the following paragraph —
2
The Minister shall not accept an undertaking referred to in paragraph (1)(b) above unless he is satisfied that the new occupier —
a
occupies the land or part as an owner or tenant or as the personal representative of the original occupier; and
b
is not prohibited from providing an undertaking pursuant to an agri-environment scheme by application of Article 10 of the Commission Regulation (which restricts duplication of aid payments), by application of a penalty consequent upon Article 20(2) of the Commission Regulation (which requires member states to determine a system of penalties which are effective, commensurate with their purpose and of adequate deterrent effect to be imposed for breaches of undertakings) or by application of Article 20(3) of the Commission Regulation (which requires a person who, intentionally or by reason of gross negligence, makes a false declaration, to be excluded from all aid under the Council Regulation.
; and
b
there shall be substituted for paragraph (7) the following paragraph —
7
The foregoing provisions of this Regulation shall be subject to Article 11 of the Commission Regulation (which governs transfers of holdings) and Article 12 of the Commission Regulation (force majeure).
.
5
In regulation 8 (amounts and payment of aid) in paragraph (1) after the phrase “Subject to the provisions of these Regulations” there shall be inserted the phrase “, of Article 20(3) of the Commission Regulation (which requires a person who, intentionally or by reason of gross negligence, makes a false declaration, to be excluded from all aid under the Council Regulation) and, in respect of an application made on or after 1st January 1997, of Article 10 of the Commission Regulation (which restricts duplication of aid payments”.
6
For regulation 11 (withholding and recovery of aid and termination) there shall be substituted the following regulation —
Withholding and recovery of aid, termination and exclusion
11
1
Where any person, with a view to obtaining the payment of aid under these Regulations to himself or any other person, makes any statement or furnishes any information which is false or misleading, the Minister may withhold the whole or any part of any aid payable to that person or to such other person and may, subject to the provisions of Article 20 of the Commission Regulation (which provides for recovery of wrongful payments with interest, a penalty system and exclusion for false declarations), recover the whole or any part of any aid already paid to that person or to such other person.
2
Where a beneficiary —
a
fails to comply with any of the access obligations;
b
fails to permit entry and inspection by an authorised officer or to render all reasonable assistance to such authorised officer as required by regulation 10; or
c
fails to comply with any other requirement of these Regulations,
the Minister may withhold the whole or any part of any aid payable to that beneficiary and may recover the whole or any part of any aid already paid to him and may also, in so far as is consequent upon Article 20(2) of the Commission Regulation (which requires member states to determine a system of penalties which are effective, commensurate with their purpose and of adequate deterrent effect to be imposed for breaches of undertakings), require him to pay to the Minister a sum equal to no more than 10% of the aid paid or payable to the beneficiary.
3
Where the Minister takes any step specified in paragraph (1) or (2) above, he may also treat as terminated the undertakings given by the beneficiary under these Regulations.
4
Where under paragraph (3) above the Minister treats the undertakings given by the beneficiary as terminated, in connection with any step taken under paragraph (2) above, he may also, in so far as is consequent upon Article 20(2) of the Commission Regulation, by notice in writing to the beneficiary prohibit him from providing a new undertaking or entering a new agreement under an agri-environment scheme for such period (not exceeding two years) from the date of that termination as is specified in the notice.
5
Where there is a change of occupation of all or part of the land subject to access obligations, and the Minister, in accordance with paragraph (3) above or regulation 7(6)(c), subsequently treats as terminated the undertakings given by a beneficiary in relation to any part of that land, and he is satisfied that as a consequence the requirements of regulation 6(1) or (2)(b) are no longer met as respects any other part of that land subject to access obligations which is occupied by any other beneficiary, he may —
a
withhold the whole or any part of any aid payable to that other beneficiary;
b
recover the whole or part of any aid already paid to him; and
c
treat as terminated the undertakings given by that other beneficiary under these Regulations.
6
The powers in paragraph (5)(a) to (c) above shall not be exercised against a beneficiary unless the Minister notified him in writing at the time his application was accepted, or his undertaking under regulation 7(1)(b) was given, as the case may be, with specific reference to the land in relation to which he assumed access obligations, of the circumstances in which those powers could be exercised against him.
7
Before taking any step specified in paragraph (2), (3) or (4) above by reference to paragraph (2)(a) above, or any step specified in paragraph (5) above, the Minister shall —
a
give to the beneficiary a written explanation of the reasons for the step proposed to be taken;
b
afford the beneficiary the opportunity of appearing before and being heard by a person appointed for that purpose by the Minister; and
c
consider the report by the person so appointed and supply a copy of the report to the beneficiary.
.
7
After regulation 11 (withholding and recovery of aid and termination) there shall be added the following regulations —
Recovery of Interest
11A
1
Where a payment of aid is made to a beneficiary by the Minister and, by virtue of Article 20(1) of the Commission Regulation (which provides for recovery of wrongful payments with interest), a reimbursement of all or part of the payment with interest is required, the rate of interest shall be one percentage point above LIBOR on a day to day basis.
2
For the purposes of this regulation, LIBOR means the sterling three month London interbank offered rate in force during the period specified in Article 20(1) of the Commission Regulation.
3
In any proceedings relating to this regulation, a certificate of the Minister stating the LIBOR applicable during a period specified in the certificate shall be conclusive evidence of the rate applicable in the specified period if the certificate also states that the Bank of England notified the Minister of that rate.
Recovery of payments
11B
In any case, where an amount falls to be paid to the Minister by virtue of (or by virtue of action taken under) these Regulations or the Commission Regulation insofar as it relates to land subject to access obligations, the amount so falling to be paid shall be recoverable as a debt.
.
Tim Boswell
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
10th December 1996
Signed by authority of the Secretary of State for Wales
Jonathan Evans
Parliamentary under Secretary of State for Wales
10th December 1996


text:
Title and commencement
1
This Order may be cited as the Diseases of Animals (Approved Disinfectants) (Amendment) Order 1996 and shall come into force on 1st April 1996.
Amendment to the Diseases of Animals (Approved Disinfectants) Order 1978
2
The Diseases of Animals (Approved Disinfectants) Order 1978 (“the 1978 Order ”) shall be amended as follows —
a
at the end of Schedule 1 to that Order (which lists disinfectants approved by the Minister) there shall be added the entries listed in Schedule 1 to this Order;
b
the entries listed in Schedule 2 to this Order shall be deleted from Schedule 1 to the 1978 Order;
c
the provisions of Schedule 3 to this Order shall be substituted for Schedule 2 to the 1978 Order (which lists disinfectants subject to transitional provisions); and
d
in article 6(2) of the 1978 Order (which specifies the date until which disinfectants subject to transitional provisions remain approved) for the words “30th June 1995” there shall be substituted the words “31st July 1996”.
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
11th March 1996
Lindsay
Parliamentary Under Secretary of State, Scottish Office
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