text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (Lambeth London Borough Council) Order 1996 and shall come into force on 5th August 1996.
2
In this Order —
“the Borough” means the London borough of Lambeth; and
“the Council” means the council of that borough.
Exemption of activities
2
1
The collection of refuse and other catering by the Council shall not be treated as defined activities so long as they are carried out before 1st April 1997.
2
The cleaning of buildings by the Council shall not be treated as a defined activity so long as it is carried out in the Angell, Clapham Common, Clapham Town, Ferndale, Herne Hill, Larkhall, Tulse Hill or Vassall wards of the Borough before 1st April 1997.
3
The cleaning of buildings by the Council in any ward of the Borough, other than a ward mentioned in paragraph (2) above, shall not be treated as a defined activity so long as —
a
it consists of the cleaning of drains and refuse chutes and chambers in any building in which there are dwellings provided by the Council; and
b
it is carried out before 1st April 1997.
4
Other cleaning by the Council shall not be treated as a defined activity so long as —
a
it consists of —
i
the cleaning (by sweeping or otherwise) of any street; or
ii
the emptying of gullies; and
b
it is carried out before 1st April 1997.
Signed by authority of the Secretary of State
Paul Beresford
Parliamentary Under-Secretary of State,
Department of the Environment
4th July 1996


type: legislation

jurisdiction: UK

text:
1
These Regulations may be cited as the Stamp Duty and Stamp Duty Reserve Tax (Pension Funds Pooling Schemes) Regulations 1996 and shall come into force on 11th July 1996.
2
In these Regulations —
“pension funds pooling scheme” means a unit trust scheme of the description specified in regulation 4 of the Income Tax (Pension Funds Pooling Schemes) Regulations 1996 ;
“unit trust scheme” has the meaning given by section 75(8) of the Financial Services Act 1986 .
3
A unit trust scheme which is a pension funds pooling scheme shall be treated as not being a unit trust scheme for the purposes of Part VII of the Finance Act 1946 or Part III of the Finance (No. 2) Act (Northern Ireland) 1946 as the case may be.
Bowen Wells
Liam Fox
Two of the Lords Commissioners of Her Majesty’s Treasury
19th June 1996


text:
1
The new highway which the Secretary of State proposes to construct along the route described in Schedule 1 to this Order shall become a trunk road as from the date when this Order comes into force.
2
The centre line of the new trunk road is identified by a heavy black line on the deposited plan.
3
The length of trunk road described in Schedule 2 to this Order, and shown by broad striped hatching on the deposited plan shall cease to be a trunk road and shall be classified as a classified road as from the date on which the Secretary of State notifies the County Council of Carmarthenshire that the new trunk road is open for through traffic.
4
The Secretary of State is authorised to construct the bridge specified in Schedule 3 to this Order as part of the new trunk road in the manner shown in that Schedule and in connection with the construction of that bridge to divert the part of the navigable watercourse specified in Schedule 3 in the manner shown in that Schedule.
5
In this Order: —
1
All measurements of distance are measured along the route of the relevant highway;
2
“deposited plan” means the plan numbered HA10/2 WO 117, marked “The Monmouth–Fishguard Trunk Road (A40) (Carmarthen Eastern Bypass) Order 1996” signed by authority of the Secretary of State and deposited at the Welsh Office Repository, Curran Embankment, Cardiff;
“classified road” as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads, but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification in principal roads;
“the new trunk road” means the new trunk road referred to in article 1 and described in Schedule 2;
6
This Order shall come into force on 19th December 1996 and may be cited as the Monmouth–Fishguard Trunk Road (A40) (Carmarthen Eastern Bypass) Order 1996.
Signed by authority of the Secretary of State
D. M. Timlin
Head of Roads Administration Division,
Welsh Office
22nd November 1996


text:
Citation and commencement
1
1
These Regulations may be cited as the Education (Financial Delegation to Schools) (Mandatory Exceptions) (Revocation and Amendment) Regulations 1996 and shall come into force on 22nd March 1996.
Amendment
2
1
The Education (Financial Delegation to Schools) (Mandatory Exceptions) Regulations 1995 shall be amended in accordance with the following provisions of this regulation.
2
After paragraph (2) of regulation 1 there shall be inserted the following paragraph —
2A
These Regulations apply for the purpose of determining the aggregated budget of a local education authority in Wales for a financial year beginning on or after 1st April 1996.
.
3
In regulation 3(2)(a)(i) there shall be inserted at the end the words —
other than such grants in pursuance of the Education (Grants for Education Support and Training: Nursery Education) (England) Regulations 1996
.
4
At the end of regulation 3(2)(a) there shall be added the following —
vii
grants under section 169 of the Criminal Justice and Public Order Act 1994 (grants relating to crime prevention);
.
Revocation
3
1
The Education (Financial Delegation to Schools) (Mandatory Exceptions) Regulations 1994 are revoked in so far as they apply to local education authorities in Wales.
2
Notwithstanding paragraph (1) above, the said Regulations shall continue to apply for the purpose of determining (or redetermining) the aggregated budget of a local education authority in Wales for the financial years beginning on 1st April 1994 and 1st April 1995 and the Education (Financial Delegation to Schools) (Mandatory Exceptions) Regulations 1989 shall continue to apply for such a purpose for a financial year beginning on or before 1st April 1993.
Gillian Shephard
Secretary of State for Education and Employment
19th February 1996
William Hague
Secretary of State for Wales
20th February 1996


text:
Citation and commencement
1
This Order may be cited as the Housing (Right to Buy) (Prescribed Forms) (Amendment) Regulations 1996 and shall come into force on 12th November 1996.
Amendment
2
In the list of public sector landlords at the end of the form set out in Schedule 1 to the Housing (Right to Buy) (Prescribed Forms) Regulations 1986 —
a
after “Electricity Council” insert “English Sports Council”; and
b
after “United Kingdom Atomic Energy Authority” insert “United Kingdom Sports Council”.
David Curry
Minister of State,
Department of the Environment
10th October 1996
William Hague
Secretary of State for Wales
15th October 1996


text:
Title, commencement and extent
1
These Regulations may be cited as the Habitat (Water Fringe) (Amendment) (No. 2) Regulations 1996, and shall come into force on 1st January 1997, and shall apply to England.
Amendments to previous Regulations
2
1
The Habitat (Water Fringe) 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
for the definition of “arable land” there shall be substituted the following definition —
“arable land” includes agricultural grassland other than permanent grassland;
c
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 ;
;
d
for the definition of “eligible person” there shall be substituted the following definition —
“eligible person” means a person who on the date of submission of his application —
occupies eligible land as an owner or tenant; and
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);
;
e
after the definition of “eligible person” there shall be inserted the following definition —
“former scheme period”, in relation to an area, means the period elapsed under an undertaking given or an agreement entered in relation thereto under an agri-environment scheme, including any period elapsed under any other such undertaking or agreement and treated in effect as aggregated with that period for the purposes of that scheme —
by virtue of a change of occupation of the land to which the undertaking or agreement relates;
by application of Article 11 of the Commission Regulation (which governs transfers of holdings); or
by application of Article 13 of the Commission Regulation (which authorises replacement of an agri-environment scheme undertaking or agreement by another such undertaking or agreement);
;
f
for the definition of “management period”, there shall be substituted the following definition —
“management period”, in relation to an application accepted by the Minister, means —
in relation to an undertaking given pursuant to regulation 3(1) —
where an application is made pursuant to Article 13 of the Commission Regulation (which authorises replacement of an agri-environment scheme undertaking or agreement by another such undertaking or agreement), a continuous period, which, when aggregated with the former scheme period, makes 20 consecutive years, or
in any other case, 20 consecutive years, and
in relation to an undertaking given pursuant to regulation 3(2) —
where an application is made pursuant to Article 13 of the Commission Regulation, a continuous period, which, when aggregated with the former scheme period, makes 10 consecutive years, or
in any other case, 10 consecutive years,
commencing on a date to be agreed by the Minister and the beneficiary;
;
g
for the definition of “permanent grassland” there shall be substituted the following definition —
“permanent grassland”, in relation to any application, means land which is agricultural grassland at the time of the application and which —
was established as such at least 5 years before the application; and
has either —
not been ploughed or re-seeded during the 5 years preceding the application, or
been ploughed, re-seeded or both as a single exercise during that period, but only for the purpose of cultivation of an arable crop removed from the land within a year of the commencement of that exercise;
and
h
for the definition of “set-aside land”, there shall be substituted the following definition —
“set-aside land” means an area of water fringe —
to which the requirements of Schedule 2 apply;
in relation to which —
(where the application relating to that area has been accepted pursuant to Article 13 of the Commission Regulation (which authorises replacement of an agri-environment scheme undertaking or agreement by another such undertaking or agreement)) the application for aid under the agri-environment scheme to which the commencement of the former scheme period relates, and
otherwise, the application by the beneficiary, was made on or after 28th June 1995; and
in relation to which the application made pursuant to these Regulations included a declaration by the beneficiary that he intended to count the area as being set aside for the purposes of the set-aside requirement;
.
3
In regulation 3 (aid for water fringes) —
a
in paragraph (1), for the words “a period of 20 consecutive years commencing in the year in which his application is accepted” there shall be substituted the words “the management period”; and
b
in paragraph (2), for the words “a period of 10 consecutive years, commencing in the year his application is accepted,” there shall be substituted the words “the management period”.
4
In regulation 4 (applications for aid) after the phrase “count an area of eligible arable land” in paragraph (e), there shall be inserted the phrase “to which he intends the requirements of Schedule 2 to apply”.
5
In regulation 5 (restrictions on acceptance of applications), after paragraph (2) there shall be inserted the following paragraph —
2A
The Minister shall not accept an application in relation to any land made pursuant to Article 13 of the Commission Regulation (which authorises replacement of an agri-environment scheme undertaking or agreement by another such undertaking or agreement) unless he is satisfied that the conditions set out in that Article are fulfilled.
.
6
In regulation 6 (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).
.
7
In regulation 7 (amount and payment of aid) —
a
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)”;
b
in paragraph (2), after the word “Where” there shall be inserted the phrase “payment falls to be made under paragraph (1) above and”; and
c
in paragraph (3), for the word “Any” there shall be substituted the phrase “Where payment falls to be made under paragraph (1) above, any additional”.
8
In regulation 7A (changes to the area of set-aside land) for sub-paragraphs (b) and (c) of paragraph (1) there shall be substituted the following sub-paragraphs —
b
to which the requirements of Schedule 2 apply, and
c
in relation to which —
i
(where the application relating to that area has been accepted pursuant to Article 13 of the Commission Regulation (which authorises replacement of an agri-environment scheme undertaking or agreement by another such undertaking or agreement)) the application for aid under the agri-environment scheme to which the commencement of the former scheme period relates, and
ii
otherwise, the application by the beneficiary, was made on or after 28th June 1995
.
9
In regulation 8 (claims for aid) after the phrase “intends to count an area of water fringe” in paragraph 8(a) there shall be inserted the words “to which the requirements of Schedule 2 apply”.
10
For regulation 10 (withholding and recovery of aid and termination) there shall be substituted the following regulation —
Withholding and recovery of aid, termination and exclusion
10
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 management obligations;
b
fails to permit entry and inspection by an authorised person or to render all reasonable assistance to such authorised person as required by regulation 9; 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
Before taking any step specified in paragraph (2), (3) or (4) above by reference to paragraph (2)(a) 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.
6
Where a beneficiary, in his area aid application in any year, counts an area of water fringe which is arable land as being set aside for the purposes of the set-aside requirement and that land, on the date of the submission of the area aid application, is neither set-aside land nor land which is being treated as set-aside land pursuant to regulation 7A, the Minister 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 from that beneficiary an amount not exceeding the difference between the aid paid to that beneficiary under regulation 7 that year and the amount that would have been paid to him under regulation 7 that year if that land had been set-aside land.
.
11
After regulation 10 (withholding and recovery of aid and termination) there shall be added the following regulations —
Recovery of Interest
10A
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
10B
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 in so far as it relates to water fringe, the amount so falling to be paid shall be recoverable as a debt.
.
12
In Schedule 5 (management requirements for entire fields or strips of arable land where there is no undertaking not to use the land for arable production), in paragraph 16 —
a
in sub-paragraph (a), after the phrase “subject to sub-paragraph (b)” there shall be inserted the phrase “and, where applicable, sub-paragraph (c)”;
b
at the end of sub-paragraph (a), the word “and” shall be deleted, and
c
after sub-paragraph (b), there shall be added the word “and” and the following sub-paragraph —
c
shall ensure that, where the undertaking made under Regulation 3(2) was entered into on or after 1st January 1997, in grazing the land in accordance with paragraphs (a) or (b) above, the level of grazing shall comply with the obligation referred to in Article 3 of the Commission Regulation (which sets a stocking restriction on conversion of arable land to pasture);
.
Tim Boswell
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
10th December 1996


text:
Title, commencement and interpretation
1
This Order may be cited as the Beef (Emergency Control) (Amendment) (No. 2) Order 1996 and shall come into force on 13th April 1996.
Amendment of the Beef (Emergency Control) Order 1996
2
1
The Beef (Emergency Control) Order 1996 shall be amended in accordance with the following paragraphs.
2
In article 2, the existing paragraph shall be numbered paragraph (1) and the following new paragraph shall be inserted —
2
Paragraph (1) above shall not apply to meat from a bovine animal slaughtered in any of the countries specified in the Schedule to this Order.
.
3
The following schedule shall be added —
SCHEDULE
COUNTRIES EXEMPTED FROM ARTICLE 2(1)
Article 2(2)
Argentina
Australia
Botswana
Brazil
Mauritius
Namibia
New Zealand
Paraguay
Poland
South Africa
Swaziland
Uruguay
United States of America
Zimbabwe.
Richard Packer
Permanent Secretary, Ministry of Agriculture, Fisheries and Food
12th April 1996


text:
1
The Kent County Council (Wainscott Northern Bypass) Motorway Scheme 1992 is hereby confirmed without modifications.
2
The said Scheme as confirmed (hereinafter referred to as “the Scheme”) is set out in the Schedule hereto and copies of the Scheme with its accompanying plan are deposited at the offices of the Department of Transport, 76 Marsham Street, London SW1 3PY and at the offices of the Kent County Council, Director of Legal Services, County Hall, Maidstone, Kent ME14 1XQ.
3
The Scheme will come into force on the date on which Notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
4
This Instrument may be cited as the Kent County Council (Wainscott Northern Bypass) Motorway Scheme 1992 Confirmation Instrument 1996.
Signed by authority of the Secretary of State for Transport
Pamela Denham
Regional Director, Government Office for the North East
8th January 1996


text:
1
This Order may be cited as the Education (Inspectors of Schools in England) Order 1996 and shall come into force on 18th November 1996.
2
The persons named in the Schedule to this Order are hereby appointed Her Majesty’s Inspectors of Schools in England with effect from 19th November 1996.
N. H. Nicholls
Clerk of the Privy Council


text:
Title and commencement
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Oil and Chemical Pollution of Salmon and Migratory Trout) (Revocation) Order 1996 and shall come into force on 3rd May 1996.
Revocation
2
The Food Protection (Emergency Prohibitions) (Oil and Chemical Pollution of Salmon and Migratory Trout) Order 1996 is hereby revoked.
Signed by authority of the Secretary of State for Wales
Rod Richards
Parliamentary Under Secretary of State, Welsh Office
2nd May 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North Downs Community Health 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 West Surrey Health Authority established on 1st April 1996 ;
“the old Authority” means the Western Surrey Health Authority established on 1st April 1995 and abolished on 1st April 1996 ;
“the Trust” means the North Downs Community Health National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the old Authority and the Trust on 31st August 1995, 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:
Commencement and citation
1
This Order may be cited as the A41 Trunk Road (Barnet) Red Route (Clearway) (No 1) Traffic Order 1996, and shall come into force on 19th March 1996.
Interpretation
2
In this Order —
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route clearway” means the lengths of road specified in column (2) of the table in schedule 1;
f
“vehicle” includes part of a vehicle; and
g
an entry in column (3), (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule.
General prohibition of stopping
3
1
Subject to the provisions of paragraph (2) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop at any time in the trunk road red route clearway.
2
The controls specified in paragraph (1) of this article do not apply in respect of any area of the trunk road red route clearway specified in schedule 2.
Exemptions for parking
4
Not taken up.
Miscellaneous exemptions for parking
5
1
Not taken up.
2
Not taken up.
3
Not taken up.
4
Not taken up.
Exemptions for loading and unloading
6
Not taken up.
Exemptions for disabled persons
7
1
Not taken up.
2
Not taken up.
3
Not taken up.
Exemptions at bus stops and stands
8
1
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to which this article applies to stop at a bus stop (being an area of road bounded by a traffic sign which includes the words “bus stop”) for so long only as may be required to enable passengers to get on or off the vehicle or, in the case of a vehicle being used to provide a local service, for so long only as may be required for a change of crew.
2
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle being used to provide a local service to stop at a bus stand (being an area of road bounded by a traffic sign which includes the words “bus stand”) for so long only as may be required for timetabling reasons.
3
This article applies —
a
before 1 January 1997 to
i
a public service vehicle used for the provision of a local service or a scheduled express service,
ii
a school bus, and
iii
a works bus; and
b
after 31 December 1996 to
i
a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver), and
ii
a local bus not so constructed or adapted.
4
In this article “local bus”, “local service”, “scheduled express service”, “school bus” and “works bus” have the meanings given to those expressions in regulation 4 of the Traffic Signs Regulations and General Directions 1994 .
Other exemptions
9
1
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to stop if that person is —
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Revocation or variation of existing Orders
10
1
Subject to paragraph (2) of this article, the Barnet (Waiting and Loading Restrictions) (Special Parking Areas) Order 1994 and the Barnet (Waiting and Loading Restrictions) (Priority Routes and Side Roads) Order 1994 are hereby suspended, in so far as their provisions relate to any part of the trunk road red route.
2
The suspension specified in paragraph (1) of this article shall take effect in respect of any provision contained in the Barnet (Waiting and Loading Restrictions) (Special Parking Areas) Order 1994 and the Barnet (Waiting and Loading Restrictions) (Priority Routes and Side Roads) Order 1994 only from the time at which the traffic sign indicating the effect of that provision has been obliterated.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
15th March 1996


text:
1
These Regulations may be cited as the Insurance (Fees) Regulations 1996 and shall come into force on 1st April 1996.
2
The Insurance (Fees) Regulations 1995 are hereby revoked.
3
In these Regulations —
“ the Act ” means the Insurance Companies Act 1982;
“Community deposit company” means an insurance company (other than a pure reinsurer) whose head office is not in a member State and which has made a deposit in a member State other than the United Kingdom in accordance with section 9(1)(c) as it has effect in pursuance of section 9(2)(b) of the Act;
“gross premium receivable” means the gross amount of premiums receivable required to be included in the documents required to be deposited under section 22(1) of the Act in relation to the financial year to which the documents relate (or, where by reason of an order made under section 68 of the Act such amounts are not required to be included, the amount which would otherwise have been required to be so included) being —
in the case of a company (other than a Community deposit company or a Swiss general insurance company) which carries on either long term business or general business but not both, premiums receivable in respect of its global business;
in the case of a company (other than a Community deposit company) which carries on both long term business and general business, the sum of premiums receivable in respect of its global long term business and its global general business;
in the case of a Community deposit company which carries on either long term business or general business but not both through a branch in the United Kingdom, premiums receivable in respect of its United Kingdom branch business;
in the case of a Community deposit company which carries on both long term business and general business through a branch in the United Kingdom, the sum of premiums receivable in respect of its United Kingdom branch long term business and United Kingdom branch general business;
in the case of a Swiss general insurance company which carries on general business through a branch in the United Kingdom, premiums receivable in respect of its United Kingdom branch business;
“group” means a body corporate together with: —
all of its wholly-owned subsidiaries;
any body corporate of which it is a wholly-owned subsidiary;
all bodies corporate which are wholly-owned subsidiaries of any such body corporate as is first mentioned in (b) above;
“pure reinsurer” means an insurance company whose authorisation to carry on business in the United Kingdom is restricted to reinsurance;
“wholly-owned subsidiary” has the meaning given to it by section 736(2) of the Companies Act 1985 ;
“winding up” includes an analogous procedure under any jurisdiction other than that of any part of the United Kingdom
and words and expressions which are also used in the Act shall have the same construction as in the Act (but nothing in regulation 71 of the Insurance Companies (Third Insurance Directives) Regulations 1994 or regulation 15 of the Insurance Companies (Amendment) Regulations 1994 shall have effect for the purposes of these Regulations).
4
Subject to regulations 5 to 8 below, when documents are deposited under section 22(1) of the Act the insurance company concerned shall pay to the Secretary of State the fee as set out in the table below, according to the amount of its gross premiums receivable for the financial year to which the documents deposited relate:
Gross premiums receivable Fee
Over £500,000 up to and including £2,000,000 £1,000 Over £2,000,000 up to and including £5,000,000 £5,000 Over £5,000,000 up to and including £10,000,000 £12,000 Over £10,000,000 up to and including £20,000,000 £16,000 Over £20,000,000 up to and including £50,000,000 £18,000 Over £50,000,000 £20,250
5
These Regulations do not apply in the case of —
a
an EC company; or
b
any other insurance company where its gross premiums receivable in respect of the financial year to which documents deposited by it under section 22(1) of the Act relate do not exceed £500,000.
6
1
Subject to paragraph (2) below, where the sum of the fees payable under regulations 4 and 5 above by all the insurance companies within a group exceeds £141,750 the fee in respect of each of those insurance companies shall be abated proportionately so that the sum of the fees payable by those insurance companies is £141,750.
2
For the purposes of paragraph (1) above, an insurance company shall be deemed to be a member of a group at the date upon which it deposits documents in respect of a financial year in accordance with section 22(1) of the Act if it was a member of that group at the end of the financial year to which those documents relate.
7
No fee shall be payable under regulation 4 where, at the date upon which documents are deposited under section 22(1) of the Act —
a
the insurance company is subject to the process of winding up and cannot lawfully effect any contracts of insurance; or
b
the insurance company is subject to a direction by the Secretary of State given under section 11 of the Act or section 11 of the Insurance Companies Act 1981 , or given under section 12A of the Act and confirmed by the Secretary of State pursuant to section 12A(6) of the Act that it shall cease to be authorised to effect contracts of insurance (including reinsurance) of all classes for which it had been authorised under section 3 or 4 of the Act or under section 3 or 4 of the said Act of 1981; or
c
the insurance company is subject to a restriction imposed under section 68 of the Companies Act 1967 or section 13 of the Insurance Companies Amendment Act 1973 , or imposed or deemed to have been imposed under section 29 of the Insurance Companies Act 1974 which, in any of those cases and taking into account the authorisation of the company, has the result that the company is prohibited from effecting any contract of insurance (including reinsurance) in the United Kingdom.
8
These Regulations do not apply when copies of an abstract of an actuary’s report of an investigation made under section 18(1) of the Act are deposited with the Secretary of State unless the abstract is of a report of an investigation which is required to be made by paragraph (a) of that subsection.
9
Where a statement is deposited under section 86(1) of the Act by the Council of Lloyd’s it shall pay to the Secretary of State a fee of £101,250.
10
For the purposes of section 94A(6) of the Act, the relevant functions of the Secretary of State in relation to insurance companies and the members of Lloyd’s are anything done for the purpose of or in connection with —
a
sections 11 to 13, Part II, sections 75 and 78, Part IIIA, Part IV and section 94A of the Act including prosecution of offences alleged to have been committed under any of those provisions or under provisions in earlier legislation which are analogous to those provisions;
b
section 98 of the Act in respect of the functions set out in sub-paragraph (a) above;
c
proposals for United Kingdom and European Communities legislation.
John Taylor,
Parliamentary Under-Secretary of State,
Department of Trade and Industry
1st March 1996


text:
1
These Regulations may be cited as the Taxes (Interest Rate) (Amendment No. 3) Regulations 1996 and shall come into force on 6th November 1996.
2
In regulation 5(1) of the Taxes (Interest Rate) Regulations 1989 –
a
for “6th June 1996” there shall be substituted “6th November 1996”;
b
for “7 per cent. per annum” there shall be substituted “6.75 per cent. per annum”.
Patrick McLoughlin
Roger Knapman
Two of the Lords Commissioners of Her Majesty’s Treasury
15th October 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the South Tyneside Health Care National Health Service Trust (Transfer of Trust Property) Order 1996 and shall come into force on 22nd March 1996.
2
In this Order —
“the Authority” means the South of Tyne Health Authority;
“the Trust” means the South Tyneside Health Care National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 16th January 1996, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 22nd March 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
21st February 1996


text:
Citation and commencement
1
This Order may be cited as the Litter (Fixed Penalty) Order 1996 and shall come into force on 1st January 1996.
Amount of fixed penalty
2
For the amount of £10 specified as the amount of the fixed penalty in section 88(6) of the Environmental Protection Act 1990 there shall be substituted the amount of £25.
Signed by authority of the Secretary of State
James Clappison
Parliamentary Under-Secretary of State,
Department of the Environment
3rd December 1996
Signed by authority of the Secretary of State for Wales
Jonathan Evans
Parliamentary Under-Secretary of State,
4th December 1996
Lindsay
Parliamentary Under-Secretary of State, Scottish Office
4th December 1996


text:
Citation and commencement
1
These Regulations may be cited as the Construction (Health, Safety and Welfare) Regulations 1996 and shall come into force on 2nd September 1996.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“construction site” means any place where the principal work activity being carried out is construction work;
“construction work” means the carrying out of any building, civil engineering or engineering construction work and includes any of the following —
the construction, alteration, conversion, fitting out, commissioning, renovation, repair, upkeep, redecoration or other maintenance (including cleaning which involves the use of water or an abrasive at high pressure or the use of substances classified as corrosive or toxic for the purposes of regulation 5 of the Carriage of Dangerous Goods by Road and Rail (Classification, Packaging and Labelling) Regulations 1994 ), de-commissioning, demolition or dismantling of a structure,
the preparation for an intended structure, including site clearance, exploration, investigation (but not site survey) and excavation, and laying or installing the foundations of the structure,
the assembly of prefabricated elements to form a structure or the disassembly of prefabricated elements which, immediately before such disassembly, formed a structure,
the removal of a structure or part of a structure or of any product or waste resulting from demolition or dismantling of a structure or from disassembly of prefabricated elements which, immediately before such disassembly, formed a structure, and
the installation, commissioning, maintenance, repair or removal of mechanical, electrical, gas, compressed air, hydraulic, telecommunications, computer or similar services which are normally fixed within or to a structure,
but does not include the exploration for or extraction of mineral resources or activities preparatory thereto carried out at a place where such exploration or extraction is carried out;
“excavation” includes any earthwork, trench, well, shaft, tunnel or underground working;
“fragile material” means any material which would be liable to fail if the weight of any person likely to pass across or work on that material (including the weight of anything for the time being supported or carried by that person) were to be applied to it;
“loading bay” means any facility for loading or unloading equipment or materials for use in construction work;
“personal suspension equipment” means suspended access equipment (other than a working platform) for use by an individual and includes a boatswain’s chair and abseiling equipment but it does not include a suspended scaffold or cradle;
“place of work” means any place which is used by any person at work for the purposes of construction work or for the purposes of any activity arising out of or in connection with construction work;
“plant and equipment” includes any machinery, apparatus, appliance or other similar device, or any part thereof, used for the purposes of construction work and any vehicle being used for such purpose;
“structure” means —
any building, steel or reinforced concrete structure (not being a building), railway line or siding, tramway line, dock, harbour, inland navigation, tunnel, shaft, bridge, viaduct, waterworks, reservoir, pipe or pipe-line (whatever, in either case, it contains or is intended to contain), cable, aqueduct, sewer, sewage works, gasholder, road, airfield, sea defence works, river works, drainage works, earthworks, lagoon, dam, wall, caisson, mast, tower, pylon, underground tank, earth retaining structure, or structure designed to preserve or alter any natural feature, and any other structure similar to the foregoing, or
any formwork, falsework, scaffold or other structure designed or used to provide support or means of access during construction work, or
any fixed plant in respect of work which is installation, commissioning, de-commissioning or dismantling and where any such work involves a risk of a person falling more than 2 metres.
“traffic route” means any route the purpose of which is to permit the access to or egress from any part of a construction site for any pedestrians or vehicles, or both, and includes any doorway, gateway, loading bay or ramp;
“vehicle” includes any mobile plant and locomotive and any vehicle towed by another vehicle;
“working platform” means any platform used as a place of work or as a means of access to or egress from that place and includes any scaffold, suspended scaffold, cradle, mobile platform, trestle, gangway, run, gantry, stairway and crawling ladder.
2
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; and
b
a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which the reference appears.
Application
3
1
Subject to the following paragraphs of this regulation, these Regulations apply to and in relation to construction work carried out by a person at work.
2
These Regulations shall not apply to any workplace on a construction site which is set aside for purposes other than construction work.
3
Regulations 15, 19, 20, 21, 22 and 26(1) and (2) apply only to and in relation to construction work carried out by a person at work at a construction site.
Persons upon whom duties are imposed by these Regulations
4
1
Subject to paragraph (5), it shall be the duty of every employer whose employees are carrying out construction work and every self-employed person carrying out construction work to comply with the provisions of these Regulations insofar as they affect him or any person at work under his control or relate to matters which are within his control.
2
It shall be the duty of every person (other than a person having a duty under paragraph (1) or (3)) who controls the way in which any construction work is carried out by a person at work to comply with the provisions of these Regulations insofar as they relate to matters which are within his control.
3
Subject to paragraph (5), it shall be the duty of every employee carrying out construction work to comply with the requirements of these Regulations insofar as they relate to the performance of or the refraining from an act by him.
4
It shall be the duty of every person at work —
a
as regards any duty or requirement imposed on any other person under these Regulations, to co-operate with that person so far as is necessary to enable that duty or requirement to be performed or complied with; and
b
where working under the control of another person, to report to that person any defect which he is aware may endanger the health or safety of himself or another person.
5
This regulation shall not apply to regulations 22 and 29(2), which expressly say on whom the duties are imposed.
Safe places of work
5
1
There shall, so far as is reasonably practicable, be suitable and sufficient safe access to and egress from every place of work and to any other place provided for the use of any person while at work, which access and egress shall be without risks to health and properly maintained.
2
Every place of work shall, so far as is reasonably practicable, be made and kept safe for, and without risks to health to, any person at work there.
3
Suitable and sufficient steps shall be taken to ensure, so far as is reasonably practicable, that no person gains access to any place which does not comply with the requirements of paragraphs (1) or (2).
4
Paragraphs (1) to (3) shall not apply in relation to a person engaged in work for the purpose of making any place safe, provided all practicable steps are taken to ensure the safety of that person whilst engaged in that work.
5
Every place of work shall, so far as is reasonably practicable and having regard to the nature of the work being carried out there, have sufficient working space and be so arranged that it is suitable for any person who is working or who is likely to work there.
Falls
6
1
Suitable and sufficient steps shall be taken to prevent, so far as is reasonably practicable, any person falling.
2
In any case where the steps referred to in paragraph (1) include the provision of —
a
any guard-rail, toe-board, barrier or other similar means of protection; or
b
any working platform,
it shall comply with the provisions of Schedule 1 and Schedule 2 respectively.
3
Without prejudice to the generality of paragraph (1) and subject to paragraph (6), where any person is to carry out work at a place from which he is liable to fall a distance of 2 metres or more or where any person is to use a means of access to or egress from a place of work from which access or egress he is liable to fall a distance of 2 metres or more —
a
there shall, subject to sub-paragraphs (c) and (d) below and paragraph (9), be provided and used suitable and sufficient guard-rails and toe-boards, barriers or other similar means of protection to prevent, so far as is reasonably practicable, the fall of any person from that place, which guard-rails, toe-boards, barriers and other similar means of protection shall comply with the provisions of Schedule 1; and
b
where it is necessary in the interest of the safety of any person that a working platform be provided, there shall, subject to sub-paragraphs (c) and (d) below, be so provided and used a sufficient number of working platforms which shall comply with the provisions of Schedule 2; and
c
where it is not practicable to comply with all or any of the requirements of sub-paragraphs (a) or (b) above or where due to the nature or the short duration of the work compliance with such requirements is not reasonably practicable, there shall, subject to sub-paragraph (d) below, be provided and used suitable personal suspension equipment which shall comply with the provisions of Schedule 3; and
d
where it is not practicable to comply with all or any of the requirements of sub-paragraphs (a), (b) or (c) above or where due to the nature or the short duration of the work compliance with such requirements is not reasonably practicable, such requirements of those sub-paragraphs as can be complied with shall be complied with and, in addition, there shall be provided and used suitable and sufficient means for arresting the fall of any person which shall comply with the provisions of Schedule 4.
4
Means for the prevention of, or for protection from, falls provided pursuant to sub-paragraph (a) and (d) of paragraph (3) may be removed for the time and to the extent necessary for the movement of materials, but shall be replaced as soon as practicable.
5
A ladder shall not be used as, or as a means of access to or egress from, a place of work unless it it reasonable to do so having regard to —
a
the nature of the work being carried out and its duration; and
b
the risks to the safety to any person arising from the use of the ladder.
6
Where a ladder is used pursuant to paragraph (5) —
a
it shall comply with the provisions of Schedule 5; and
b
the provisions of paragraph (3) shall not apply.
7
Any equipment provided pursuant to this regulation shall be properly maintained.
8
a
The installation or erection of any scaffold provided pursuant to paragraph (1) or sub-paragraph (b) of paragraph (3) and any substantial addition or alteration to such scaffold shall be carried out only under the supervision of a competent person.
b
The installation or erection of any personal suspension equipment or any means of arresting falls provided pursuant to sub-paragraphs (c) or (d) of paragraph (3) shall be carried out only under the supervision of a competent person, and for the purposes of this paragraph installation shall not include the personal attachment of any equipment or means of preventing falls to the person for whose safety such equipment or means is provided.
9
No toe-boards shall be required in respect of any stairway, or any rest platform forming part of a scaffold, where such stairway or platform is used solely as a means of access to or egress from any place of work, provided that the stairway or platform is not being used for the keeping or storing of any material or substance.
Fragile material
7
1
Suitable and sufficient steps shall be taken to prevent any person from falling through any fragile material.
2
Without prejudice to the generality of paragraph (1),
a
no person shall pass across, or work on or from, fragile material through which he would be liable to fall 2 metres or more unless suitable and sufficient platforms, coverings or other similar means of support are provided and used so that the weight of any person so passing or working is supported by such supports; and
b
no person shall pass or work near fragile material through which he would be liable to fall 2 metres or more unless there are provided suitable and sufficient guard-rails, coverings or other similar means for preventing, so far as is reasonably practicable, any person so passing or working from falling through that material; and
c
where any person may pass across or near or work on or near fragile material through which, were it not for the provisions of sub-paragraphs (a) and (b) above, he would be liable to fall 2 metres or more, prominent warning notices shall be affixed at the approach to the place where the material is situated.
Falling objects
8
1
Where necessary to prevent danger to any person, suitable and sufficient steps shall be taken to prevent, so far as is reasonably practicable, the fall of any material or object.
2
In any case where the steps referred to in paragraph (1) include the provision of —
a
any guard-rail, toe-board, barrier or other similar means of protection; or
b
any working platform,
it shall comply with the provisions of Schedule 1 and Schedule 2 respectively.
3
Where it is not reasonably practicable to comply with the requirements of paragraph (1) or where it is otherwise necessary in the interests of safety, suitable and sufficient steps shall be taken to prevent any person from being struck by any falling material or object which is liable to cause injury.
4
No material or object shall be thrown or tipped from a height in circumstances where it is liable to cause injury to any person.
5
Materials and equipment shall be stored in such a way as to prevent danger to any person arising from the collapse, overturning or unintentional movement of such materials or equipment.
Stability of structures
9
1
All practicable steps shall be taken, where necessary to prevent danger to any person, to ensure that any new or existing structure or any part of such structure which may become unstable or in a temporary state of weakness or instability due to the carrying out of construction work (including any excavation work) does not collapse accidentally.
2
No part of a structure shall be so loaded as to render it unsafe to any person.
3
Any buttress, temporary support or temporary structure used to support a permanent structure pursuant to paragraph (1) shall be erected or dismantled only under the supervision of a competent person.
Demolition or dismantling
10
1
Suitable and sufficient steps shall be taken to ensure that the demolition or dismantling of any structure, or any part of any structure, being demolition or dismantling which gives rise to a risk of danger to any person, is planned and carried out in such a manner as to prevent, so far as is practicable, such danger.
2
Demolition or dismantling to which paragraph (1) applies shall be planned and carried out only under the supervision of a competent person.
Explosives
11
An explosive charge shall be used or fired only if suitable and sufficient steps have been taken to ensure that no person is exposed to risk of injury from the explosion or from projected or flying material caused thereby.
Excavations
12
1
All practicable steps shall be taken, where necessary to prevent danger to any person, to ensure that any new or existing excavation or any part of such excavation which may be in a temporary state of weakness or instability due to the carrying out of construction work (including other excavation work) does not collapse accidentally.
2
Suitable and sufficient steps shall be taken to prevent, so far as is reasonably practicable, any person from being buried or trapped by a fall or dislodgement of any material.
3
Without prejudice to the generality of paragraph (2), where it is necessary for the purpose of preventing any danger to any person from a fall or dislodgement of any material from a side or the roof of or adjacent to any excavation, that excavation shall as early as practicable in the course of the work be sufficiently supported so as to prevent, so far as is reasonably practicable, the fall or dislodgement of such material.
4
Suitable and sufficient equipment for supporting an excavation shall be provided to ensure that the requirements of paragraphs (1) to (3) may be complied with.
5
The installation, alteration or dismantling of any support for an excavation pursuant to paragraphs (1), (2) or (3) shall be carried out only under the supervision of a competent person.
6
Where necessary to prevent danger to any person, suitable and sufficient steps shall be taken to prevent any person, vehicle or plant and equipment, or any accumulation of earth or other material, from falling into any excavation.
7
Where a collapse of an excavation would endanger any person, no material, vehicle or plant and equipment shall be placed or moved near any excavation where it is likely to cause such collapse.
8
No excavation work shall be carried out unless suitable and sufficient steps have been taken to identify and, so far as is reasonably practicable, prevent any risk of injury arising from any underground cable or other underground service.
Cofferdams and caissons
13
1
Every cofferdam or caisson and every part thereof shall be of suitable design and construction, of suitable and sound material and of sufficient strength and capacity for the purpose for which it is used, and shall be properly maintained.
2
The construction, installation, alteration or dismantling of a cofferdam or caisson shall take place only under the supervision of a competent person.
Prevention of drowning
14
1
Where during the course of construction work any person is liable to fall into water or other liquid with a risk of drowning, suitable and sufficient steps shall be taken —
a
to prevent, so far as is reasonably practicable, such person from so falling; and
b
to minimise the risk of drowning in the event of such a fall; and
c
to ensure that suitable rescue equipment is provided, maintained and, when necessary, used so that such person may be promptly rescued in the event of such a fall.
2
Suitable and sufficient steps shall be taken to ensure the safe transport of any person conveyed by water to or from any place of work.
3
Any vessel used to convey any person by water to or from a place of work —
a
shall be of suitable construction; and
b
shall be properly maintained; and
c
shall be under the control of a competent person; and
d
shall not be overcrowded or overloaded.
Traffic routes
15
1
Every construction site shall be organised in such a way that, so far as is reasonably practicable, pedestrians and vehicles can move safely and without risks to health.
2
Traffic routes shall be suitable for the persons or vehicles using them, sufficient in number, in suitable positions and of sufficient size.
3
Without prejudice to the generality of paragraph (2), traffic routes shall not satisfy the requirements of that paragraph unless suitable and sufficient steps are taken to ensure that —
a
pedestrians or, as the case may be, vehicles may use a traffic route without causing danger to the health or safety of persons near it;
b
any door or gate used or intended to be used by pedestrians and which leads onto a traffic route for vehicles is sufficiently separated from that traffic route to enable pedestrians from a place of safety to see any approaching vehicle or plant;
c
there is sufficient separation between vehicles and pedestrians to ensure safety or, where this is not reasonably practicable —
i
there are provided other means for the protection of pedestrians; and
ii
there are effective arrangements for warning any person liable to be crushed or trapped by any vehicle of the approach of that vehicle;
d
any loading bay has at least one exit point for the exclusive use of pedestrians; and
e
where it is unsafe for pedestrians to use any gate intended primarily for vehicles, one or more doors for pedestrians is provided in the immediate vicinity of any such gate, which door shall be clearly marked and kept free from obstruction.
4
No vehicle shall be driven on a traffic route unless, so far as is reasonably practicable, that traffic route is free from obstruction and permits sufficient clearance.
5
Where it is not reasonably practicable to comply with all or any of the requirements of paragraph (4), suitable and sufficient steps shall be taken to warn the driver of the vehicle and any other person riding thereon of any approaching obstruction or lack of clearance.
6
Every traffic route shall be indicated by suitable signs where necessary for reasons of health or safety.
Doors and gates
16
1
Where necessary to prevent the risk of injury to any person, any door, gate or hatch (including a temporary door, gate or hatch) shall incorporate or be fitted with suitable safety devices.
2
Without prejudice to the generality of paragraph (1), a door, gate or hatch shall not comply with that paragraph unless —
a
any sliding door, gate or hatch has a device to prevent it coming off its track during use;
b
any upward opening door, gate or hatch has a device to prevent it falling back;
c
any powered door, gate or hatch has suitable and effective features to prevent it causing injury by trapping any person;
d
where necessary for reasons of health or safety, any powered door, gate or hatch can be operated manually unless it opens automatically if the power fails.
3
This regulation shall not apply to any door, gate or hatch forming part of any mobile plant and equipment.
Vehicles
17
1
Suitable and sufficient steps shall be taken to prevent or control the unintended movement of any vehicle.
2
Suitable and sufficient steps shall be taken to ensure that, where any person may be endangered by the movement of any vehicle, the person having effective control of the vehicle shall give warning to any person who is liable to be at risk from the movement of the vehicle.
3
Any vehicle being used for the purposes of construction work shall when being driven, operated or towed —
a
be driven, operated or towed in such a manner as is safe in the circumstances; and
b
be loaded in such a way that it can be driven, operated or towed safely.
4
No person shall ride or be required or permitted to ride on any vehicle being used for the purposes of construction work otherwise than in a safe place thereon provided for that purpose.
5
No person shall remain or be required or permitted to remain on any vehicle during the loading or unloading of any loose material unless a safe place of work is provided and maintained for such person.
6
Where any vehicle is used for excavating or handling (including tipping) materials, suitable and sufficient measures shall be taken so as to prevent such vehicle from falling into any excavation or pit, or into water, or overrunning the edge of any embankment or earthwork.
7
Suitable plant and equipment shall be provided and used for replacing on its track or otherwise safely moving any rail vehicle which may become derailed.
Prevention of risk from fire etc.
18
Suitable and sufficient steps shall be taken to prevent, so far as is reasonably practicable, the risk of injury to any person during the carrying out of construction work arising from —
fire or explosion;
flooding; or
any substance liable to cause asphyxiation.
Emergency routes and exits
19
1
Where necessary in the interests of the health and safety of any person on a construction site, a sufficient number of suitable emergency routes and exits shall be provided to enable any person to reach a place of safety quickly in the event of danger.
2
An emergency route or exit provided pursuant to paragraph (1) shall lead as directly as possible to an identified safe area.
3
Any emergency route and exit provided in accordance with paragraph (1), and any traffic route or door giving access thereto, shall be kept clear and free from obstruction, and, where necessary, provided with emergency lighting so that such emergency route or exit may be used at any time.
4
Any provision for emergency routes and exits made under paragraph (1) shall have regard to —
a
the type of work for which the construction site is being used;
b
the characteristics and size of the construction site and the number and location of places of work on that site;
c
the plant and equipment being used;
d
the number of persons likely to be present on the site at any one time; and
e
the physical and chemical properties of any substances or materials on or likely to be on the site.
5
All emergency routes or exits shall be indicated by suitable signs.
Emergency procedures
20
1
Where necessary in the interests of the health and safety of any person on a construction site, there shall be prepared and, when necessary, implemented suitable and sufficient arrangements for dealing with any forseeable emergency, which arrangements shall include procedures for any necessary evacuation of the site or any part thereof.
2
Without prejudice to the generality of paragraph (1), arrangements prepared pursuant to that paragraph shall have regard to those matters set out in paragraph (4) of regulation 19.
3
Where arrangements are prepared pursuant to paragraph (1), suitable and sufficient steps shall be taken to ensure that —
a
every person to whom the arrangements extend is familiar with those arrangements; and
b
the arrangements are tested by being put into effect at suitable intervals.
Fire detection and fire-fighting
21
1
Without prejudice to the provisions of any other enactment, there shall be provided on a construction site where necessary in the interests of the health and safety of any person at work on that site —
a
suitable and sufficient fire-fighting equipment; and
b
suitable and sufficient fire detectors and alarm systems,
which shall be suitably located.
2
Any provision for fire-fighting equipment, fire detectors and alarm systems made under paragraph (1) shall have regard to those matters set out in paragraph (4) of regulation 19.
3
Any fire-fighting equipment, fire detector or alarm system provided under paragraph (1) shall be properly maintained and subject to examination and testing at such intervals as to ensure that such equipment, detector or system remains effective.
4
Any fire-fighting equipment which is not designed to come into use automatically shall be easily accessible.
5
Every person at work on a construction site shall, so far as is reasonably practicable, be instructed in the correct use of any fire-fighting equipment which it may be necessary for him to use.
6
Where a work activity may give rise to a particular risk of fire, a person shall not carry out such work unless he is suitably instructed so as to prevent, so far as is reasonably practicable, that risk.
7
Fire-fighting equipment shall be indicated by suitable signs.
Welfare facilities
22
1
It shall be the duty of any person in control of a construction site to ensure, so far as is reasonably practicable, that the requirements of this regulation are complied with in relation to that site.
2
It shall be the duty of every employer and every self-employed person to ensure that the provisions of paragraphs (3) to (8) are complied with in respect of any person at work on a construction site who is under his control.
3
Suitable and sufficient sanitary conveniences shall be provided or made available at readily accessible places, which conveniences shall, so far as is reasonably practicable, comply with the provisions of paragraphs 1 to 3 of Schedule 6.
4
Suitable and sufficient washing facilities, including showers if required by the nature of the work or for health reasons, shall be provided or made available at readily accessible places, which facilities shall, so far as is reasonably practicable, comply with the provisions of paragraphs 4 to 9 of Schedule 6, save that in respect of the provision of showers, paragraph 4(a) of that Schedule shall not apply.
5
An adequate supply of wholesome drinking water shall be provided or made available at readily accessible and suitable places, which supply shall, so far as is reasonably practicable, comply with the provisions of paragraphs 10 and 11 of Schedule 6.
6
Suitable and sufficient accommodation shall be provided or made available —
a
for the clothing of any person at work on a construction site and which is not worn during working hours; and
b
for special clothing which is worn by any person at work on a construction site but which is not taken home,
which accommodation shall, so far as is reasonably practicable, comply with the provisions of paragraph 12 of Schedule 6.
7
Suitable and sufficient facilities shall be provided or made available to change clothing in all cases where —
a
a person has to wear special clothing for the purpose of his work; and
b
that person cannot, for reasons of health or propriety, be expected to change elsewhere,
which facilities shall, so far as is reasonably practicable, comply with the provisions set out in paragraph 13 of Schedule 6.
8
Suitable and sufficient facilities for rest shall be provided or made available at readily accessible places, which facilities shall, so far as is reasonably practicable, comply with the provisions of paragraph 14 of Schedule 6.
Fresh air
23
1
Suitable and sufficient steps shall be taken to ensure, so far as is reasonably practicable, that every workplace or approach thereto has sufficient fresh or purified air to ensure that the place or approach is safe and without risks to health.
2
Any plant used for the purpose of complying with paragraph (1) shall, where necessary for reasons of health or safety, include an effective device to give visible or audible warning of any failure of the plant.
Temperature and weather protection
24
1
Suitable and sufficient steps shall be taken to ensure, so far as is reasonably practicable, that during working hours the temperature at any indoor place of work to which these Regulations apply is reasonable having regard to the purpose for which that place is used.
2
Every place of work outdoors shall, where necessary to ensure the health and safety of persons at work there, be so arranged that, so far as is reasonably practicable and having regard to the purpose for which that place is used and any protective clothing or equipment provided for the use of any person at work there, it provides protection from adverse weather.
Lighting
25
1
There shall be suitable and sufficient lighting in respect of every place of work and approach thereto and every traffic route, which lighting shall, so far as is reasonably practicable, be by natural light.
2
The colour of any artificial lighting provided shall not adversely affect or change the perception of any sign or signal provided for the purposes of health and safety.
3
Without prejudice to the generality of paragraph (1), suitable and sufficient secondary lighting shall be provided in any place where there would be a risk to the health or safety of any person in the event of failure of primary artificial lighting.
Good order
26
1
Every part of a construction site shall, so far as is reasonably practicable, be kept in good order and every part of a construction site which is used as a place of work shall be kept in a reasonable state of cleanliness.
2
Where necessary in the interests of health and safety, the perimeter of a construction site shall, so far as is reasonably practicable, be identified by suitable signs and the site shall be so arranged that its extent is readily identifiable.
3
No timber or other material with projecting nails shall —
a
be used in any work in which the nails may be a source of danger to any person; or
b
be allowed to remain in any place where the nails may be a source of danger to any person.
Plant and equipment
27
1
All plant and equipment used for the purpose of carrying out construction work shall, so far as is reasonably practicable, be safe and without risks to health and shall be of good construction, of suitable and sound materials and of sufficient strength and suitability for the purpose for which it is used or provided.
2
All plant and equipment used for the purpose of carrying out construction work shall be used in such a manner and be maintained in such condition that, so far as is reasonably practicable, it remains safe and without risks to health at all times when it is being used.
Training
28
Any person who carries out any activity involving construction work where training, technical knowledge or experience is necessary to reduce the risks of injury to any person shall possess such training, knowledge or experience, or be under such degree of supervision by a person having such training, knowledge or experience, as may be appropriate having regard to the nature of the activity.
Inspection
29
1
Subject to paragraph (2), a place of work referred to in column 1 of Schedule 7 shall be used to carry out construction work only if that place has been inspected by a competent person at the times set out in the corresponding entry in column 2 of that Schedule and the person who has carried out the inspection is satisfied that the work can be safely carried out at that place.
2
Without prejudice to paragraph (1), where the place of work is a part of a scaffold, excavation, cofferdam or caisson, any employer or any other person who controls the way in which construction work is carried out by persons using that part shall ensure that the scaffold, excavation, cofferdam or caisson is stable and of sound construction and that the safeguards required by these Regulations are in place before his employees or persons under his control first use that place of work.
3
Where the person who has carried out an inspection pursuant to paragraph (1) is not satisfied that construction work can safely be carried out at that place —
a
where the inspection was carried out on behalf of another person, he shall inform that person of any matters about which he is not satisfied; and
b
the place of work shall not be used until the matters identified have been satisfactorily remedied.
4
An inspection of a place of work carried out pursuant to paragraph (1) shall include an inspection of any plant and equipment and any materials which affect the safety of that place of work.
Reports
30
1
Subject to paragraphs (5) and (6), where an inspection is required under regulation 29(1), the person who carries out such inspection shall, before the end of the working period within which the inspection is completed, prepare a report which shall include the particulars set out in Schedule 8.
2
A person who prepares a report under paragraph (1) shall, within 24 hours of completing the inspection to which the report relates, provide the report or a copy thereof to the person on whose behalf the inspection was carried out.
3
The report or a copy thereof prepared for the purposes of paragraph (1) shall be kept at the site of the place of work in respect of which the inspection was carried out and, after that work is completed, shall be retained at an office of the person on whose behalf the inspection was carried out for a period of 3 months from the date of such completion.
4
A report prepared for the purposes of paragraph (1) shall at all reasonable times be open to inspection by any inspector, and the person keeping such report shall send to any such inspector such extracts therefrom or copies thereof as the inspector may from time to time require for the purpose of the execution of his duties.
5
No report is required to be prepared under paragraph (1) in respect of any working platform or alternative means of support from no part of which a person is liable to fall more than 2 metres.
6
Nothing in this regulation shall require —
a
a report to be prepared in respect of any mobile tower scaffold unless it remains erected in the same place for a period of 7 days or more;
b
as regards an inspection carried out on a place of work for the purposes of paragraph 1(ii) of column 2 of Schedule 7, the preparation of more than one report on that place within any period of 24 hours; or
c
as regards an inspection carried out on a place of work for the purposes of paragraph 2(i) or 3(i) of column 2 of Schedule 7, the preparation of more than one report on that place within any period of 7 days.
Exemption certificates
31
1
Subject to paragraph (2), the Executive may, by a certificate in writing, exempt —
a
any person or class of person;
b
any premises or class of premises; or
c
any plant and equipment,
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 enactments which apply to the case,
it is satisfied that the health and safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it.
Extension outside Great Britain
32
These Regulations shall apply to any activity to which sections 1 to 59 and 80 to 82 of the Health and Safety at Work etc. Act 1974 apply by virtue of article 8 of the Health and Safety at Work etc. Act (Application outside Great Britain) Order 1995 other than the activities specified in sub-paragraphs (b), (c), (d) and (e) of that article as they apply to any such activity in Great Britain.
Enforcement in respect of fire
33
1
Subject to paragraph (2), the fire authority within the meaning of section 43(1) of the Fire Precautions Act 1971 shall be the enforcing authority as regards —
a
regulations 19 and 20 insofar as those regulations relate to fire; and
b
regulation 21,
in respect of a construction site which is contained within, or forms part of, premises which are occupied by persons other than those carrying out the construction work or any activity arising from such work.
2
Paragraph (1) shall not apply in respect of any premises of a description specified in Part I of Schedule 1 to the Fire Certificates (Special Premises) Regulations 1976 .
Modifications
34
The Act and instruments mentioned in Schedule 9 shall be modified to the extent specified in that Schedule.
Revocations
35
The instruments mentioned in column 1 of Schedule 10 are revoked to the extent specified in column 3 of that Schedule.
John Gummer
Secretary of State for the Environment
14th June 1996


text:
Title, commencement and extent
1
These Regulations may be cited as the Moorland (Livestock Extensification) (Amend ment) (No. 2) Regulations 1996, shall come into force on 1st January 1997, and shall apply to England.
Amendments to previous Regulations
2
1
The Moorland (Livestock Extensification) Regulations 1995 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 2 (interpretation) —
a
in paragraph (1) —
i
before the definition of “application” 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 Council Regulation 2078/92 as part of a zonal programme drawn up pursuant to Article 3 of Council Regulation 2078/92;
;
ii
after the definition of “beneficiary” there shall be inserted the following definition —
“Commission Regulation 746/96” means Commission Regulation ( EC ) No. 746/ 96 laying down detailed rules for the application of Council Regulation 2078/92
;
iii
after the definition of “compensatory allowance” there shall be inserted the following definition —
“Council Regulation 2078/92” 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;
; and
iv
in the definition of “eligible person” at the end of sub-paragraph (a), the word “and” shall be deleted, and after sub-paragraph (b) there shall be inserted the word “and” followed by the following sub-paragraph —
c
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 Commission Regulation 746/96 (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 Commission Regulation 746/96 (which requires a person who, intentionally or by reason of gross negligence, makes a false declaration, to be excluded from all aid under Council Regulation 2078/92);
; and
b
in paragraph (5), after the expression “(Amendment)” there shall be inserted the expression “(No. 2)”.
3
In regulation 7 (change of occupation) —
a
after paragraph (2) there shall be inserted the following paragraph —
2A
The Minister shall not accept an undertaking referred to in paragraph (1)(b) unless he is satisfied that the new occupier is not prohibited from providing an undertaking pursuant to an agri-environment scheme by application of Article 10 of Commission Regulation 746/96 (which restricts duplication of aid payments), by application of a penalty consequent upon Article 20(2) of Commission Regulation 746/96 (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 Commission Regulation 746/96 (which requires a person who, intentionally or by reason of gross negligence, makes a false declaration, to be excluded from all aid under Council Regulation 2078/92).
;
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 Commission Regulation 746/96 (which governs transfers of holdings) and Article 12 of Commission Regulation 746/96 (force majeure).
; and
c
in paragraph (8), after the word “Where” there shall be inserted the phrase “a change of occupation of a holding or part of a holding is the result of the compulsory purchase of that holding or part, and”.
4
In regulation 8 (amounts of aid and claims) —
a
in paragraph (1) after the phrase “Subject to the provisions of these Regulations” there shall be inserted the phrase “, of Article 20(3) of Commission Regulation 746/96 (which requires a person who, intentionally or by reason of gross negligence, makes a false declaration, to be excluded from all aid under Council Regulation 2078/92) and, in respect of an application made on or after 1st January 1997, of Article 10 of Commission Regulation 746/96 (which restricts duplication of aid payments)”; and
b
paragraph (2C)(a) shall be deleted.
5
For regulation 10 (withholding and recovery of aid and termination) there shall be substituted the following regulation —
Withholding and recovery of aid, termination and exclusion
10
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 Commission Regulation 746/96 (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 extensification obligations;
b
fails without reasonable excuse to permit entry and inspection by an authorised person or to render all reasonable assistance to such authorised person as required by regulation 9; 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 Commission Regulation 746/96 (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), he may also treat as terminated the undertakings given by the beneficiary under these Regulations.
4
Where under paragraph (3) the Minister treats the undertakings given by the beneficiary as terminated, in connection with any step taken under paragraph (2), he may also, in so far as is consequent upon Article 20(2) of Commission Regulation 746/96, 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
The Minister may treat the undertakings given by any beneficiary as terminated where the beneficiary receives or is entitled to receive any assistance out of moneys provided by Parliament or the European Community and the Minister is satisfied that such assistance would duplicate the payment of aid under these Regulations.
6
Subject to Article 10 of Commission Regulation 746/96 (which applies to undertakings given after 1 January 1997 and, inter alia, prohibits duplication of aid for an undertaking) and Article 20(1) of Commission Regulation 746/96 (which requires wrongful payments to be reimbursed with interest), nothing in paragraph (5) entitles the Minister to withhold any aid payable or to recover any aid already paid in respect of a period before the Minister acted under that paragraph.
7
Before taking any step specified in paragraph (2), (3) or (4) by reference to paragraph (2)(a), or any step specified in paragraph (5), 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.
.
6
After regulation 10 (withholding and recovery of aid and termination) there shall be added the following regulations —
Recovery of Interest
10A
1
Where a payment of aid is made to a beneficiary by the Minister and, by virtue of Article 20(1) of Commission Regulation 746/96 (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 Commission Regulation 746/96.
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
10B
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 Commission Regulation 746/96 insofar as it relates to land subject to extensification 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