type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Royal Liverpool Children’s Hospital and Community Services National Health Service Trust (Change of Name) Order 1996 and shall come into force on 15th March 1996.
2
In this Order unless the context otherwise requires —
“ the Order ” means the Royal Liverpool Children’s Hospital and Community Services National Health Service Trust (Establishment) Order 1990 ;
“ the trust ” means the National Health Service trust established by the Order.
Change of name of NHS trust
2
The trust shall be called The Royal Liverpool Children’s National Health Service Trust instead of the Royal Liverpool Children’s Hospital and Community Services National Health Service Trust, and accordingly in article 1 of the Order in the definition of “the trust”, and in article 2 of the Order, for the words “the Royal Liverpool Children’s Hospital and Community Services” there shall be substituted the words “The Royal Liverpool Children's”.
Transitional provisions
3
The change of name under this Order shall not —
a
affect any right or obligation of any person; or
b
be taken as invalidating any instrument (whether made before, on or after the day on which this Order comes into force) which refers to the trust by its previous name;
and all other documents and instruments which refer to the trust under its previous name shall be construed as referring to it under its new name.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State
Department of Health
4th March 1996


text:
Citation and commencement
1
This Order may be cited as the Norfolk and Norwich Health Care National Health Service Trust (Establishment) Amendment Order 1996, and shall come into force on 30th April 1996.
Amendment of Establishment Order
2
In Article 3 of the Norfolk and Norwich Health Care National Health Service Trust (Establishment) Order 1994 (functions of the trust) —
a
in paragraph (1) for “section 5(1)(a)” there shall be substituted “section 5(1)(b)”; and
b
for paragraph (2) there shall be substituted the following new paragraph: —
2
The trust’s functions shall be to provide and manage hospital accommodation and services at all or any of the following hospitals: —
a
Norfolk and Norwich Hospital, Brunswick Road, Norwich NR1 3SR;
b
West Norwich Hospital, Bowthorpe Road, Norwich NR2 3TU;
c
Cromer Hospital, Mill Road, Cromer NR27 0BQ; and
d
a general hospital at Colney Lane, Norwich,
and at any other premises which are for the time being associated with any of those hospitals.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State,
Department of Health
28th March 1996


text:
Title and commencement
1
These Regulations may be cited as the Oil and Fibre Plant Seeds (Amendment) Regulations 1996 and shall come into force on 1st July 1996.
Amendment of the Oil and Fibre Plant Seeds Regulations 1993
2
1
The Oil and Fibre Plant Seeds Regulations 1993 shall be amended in accordance with the provisions of this regulation.
2
In the table in paragraph 8 of Part I of Schedule 5 (sampling of seed lots) there shall be added at the end the following new line —
20,001 kg and above one primary sample for each 700 kg but not less than 40
.
3
In the table in Part II of Schedule 5 (maximum weight of a seed lot and minimum weight of a submitted sample) there shall be substituted for the figure “20” in the second column opposite the entries “Sunflower” and “Soya bean” in the first column the figure “25”.
Tim Boswell
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
29th May 1996
Lindsay
Parliamentary Under Secretary of State, Scottish Office
16th May 1996
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
8th May 1996


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Child Support (Miscellaneous Amendments) (No. 2) Regulations 1996 and shall come into force on 13th January 1997
2
In these Regulations —
“ the Act ” means the Child Support Act 1991;
“the Appeal Regulations ” means the Child Support Appeal Tribunals (Procedure) Regulations 1992 ;
“the Fees Regulations ” means the Child Support Fees Regulations 1992 ;
“the Maintenance Assessment Procedure Regulations ” means the Child Support (Maintenance Assessment Procedure) Regulations 1992 ;
“the Maintenance Assessments and Special Cases Regulations ” means the Child Support (Maintenance Assessments and Special Cases) Regulations 1992 .
Substitution of regulation 2 of the Appeal Regulations
2
1
For regulation 2 of the Appeal Regulations (service of notices or documents) there shall be substituted the following regulation —
2
1
Where by any provision of the Act or of these Regulations any notice or other document is required to be given or sent —
a
for the purpose only of lodging an appeal or application, to the Secretary of State; or
b
to the clerk to the tribunal,
that notice or document shall be treated as having been so given or sent on the day that it is received by the Secretary of State or by the clerk to the tribunal, as the case may be.
2
Where by any provision of the Act or of these Regulations any notice or other document is required to be given or sent to any person other than —
a
for the purpose only of lodging an appeal or application, the Secretary of State; or
b
the clerk to the tribunal,
that notice or document shall, if sent by post to that person’s last known address, be treated as having been given or sent on the day that it was posted.
3
The provisions of paragraph (2) shall apply to a summons or a citation issued under regulation 10.
.
Amendment of regulation 3 of the Appeal Regulations
3
1
Regulation 3 of the Appeal Regulations (making an appeal or application and time limits) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (2), for the words “clerk to the tribunal at the Central Office” there shall be substituted the words “Secretary of State”.
3
After paragraph (2), there shall be inserted the following paragraph —
2A
The sending or delivering referred to in paragraph (2) shall be effected by sending or delivering the notice to the Child Support Agency Appeals Unit at R Block, Government Buildings, Moorland Road, Lytham St Anne’s FY8 322.
.
Amendment of regulation 3 of the Fees Regulations
4
In paragraph (3A) of regulation 3 of the Fees Regulations (liability to pay fees) for “1997” there shall be substituted “1999”.
Amendment of regulation 1 of the Maintenance Assessment Procedure Regulations
5
In paragraph (6)(b) of regulation 1 of the Maintenance Assessment Procedure Regulations (citation, commencement and interpretation), after the words “to any” there shall be inserted the word “other”.
Amendment of regulation 8D of the Maintenance Assessment Procedure Regulations
6
For paragraph (8) of regulation 8D of the Maintenance Assessment Procedure Regulations (miscellaneous provisions in relation to interim maintenance assessments) there shall be substituted the following paragraph —
8
Where the information or evidence referred to in paragraph (6)(a) or (b) is that there has been an award of income support or an income-based jobseeker’s allowance, the Secretary of State shall be treated as having received that information or evidence on the first day in respect of which income support or an income-based jobseeker’s allowance was payable under that award.
.
Amendment of regulation 20 of the Maintenance Assessment Procedure Regulations
7
1
Regulation 20 of the Maintenance Assessment Procedure Regulations (fresh assessments following a review on a change of circumstances) shall be amended in accordance with the following provisions of this regulation
2
In paragraph (1), for “(4)” there shall be substituted “(5)”.
3
After paragraph (4) there shall be added the following paragraph —
5
Where a child support officer, on completing a review under section 17 of the Act of a case falling within sub-paragraph (4) of paragraph 5 of Schedule 1 to the Act, determines that the case no longer falls within that sub-paragraph, he shall make a fresh assessment.
.
Amendment of regulation 30A of the Maintenance Assessment Procedure Regulations
8
1
Regulation 30A of the Maintenance Assessment Procedure Regulations (effective dates of new maintenance assessments in particular cases) shall be amended in accordance with the following provisions of this regulation.
2
For paragraph (2) there shall be substituted the following paragraph —
2
Where a child support officer receives the information or evidence to enable him to make a maintenance assessment, calculated in accordance with the provisions of Part I of Schedule 1 to the Act, for the period from the date set by regulation 3(7) of the Maintenance Arrangements and Jurisdiction Regulations or regulation 30(2)(a) or (b), as the case may be, to the effective date of the maintenance assessment referred to in paragraph (1), the maintenance assessment first referred to in this paragraph shall, subject to regulation 33(7), have effect for that period.
.
3
After paragraph (2) there shall be added the following paragraphs —
3
The effective date of a new maintenance assessment made in respect of a person with care and an absent parent shall, where the circumstances set out in paragraph (4) apply, be the first day of the first maintenance period after the child support officer has received the information or evidence referred to in paragraph (4)(c) or 13th January 1997, whichever is the later.
4
The circumstances referred to in paragraph (3) are where —
a
paragraphs (1) and (2) do not apply to that person with care and that absent parent;
b
no maintenance assessment made in accordance with the provisions of Part I of Schedule 1 to the Act is in force in relation to that person with care and that absent parent; and
c
on or after 13th January 1997, a child support officer has sufficient information or evidence to enable him to make a new maintenance assessment, calculated in accordance with the provisions of Part I of Schedule 1 to the Act, in relation to that person with care and that absent parent but in respect only of a period beginning after the effective date applicable in their case by virtue of regulation 30(2).
5
Where the information or evidence referred to in paragraph (3) is that there has been an award of income support or an income-based jobseeker’s allowance, the Secretary of State shall be treated as having received the information or evidence which enables a child support officer to make the assessment referred to in that paragraph on the first day in respect of which income support or an income-based jobseeker’s allowance was payable under that award.
6
Where, in a case falling within paragraph (3), a child support officer receives the information or evidence to enable him to make a maintenance assessment calculated in accordance with the provisions of Part I of Schedule 1 to the Act, for the period from the effective date applicable to that case under regulation 30(2)(a) or (b), as the case may be, to the effective date of the assessment referred to in paragraph (3), the maintenance assessment first referred to in this paragraph shall have effect for that period.
7
Paragraphs (3) to (6) shall not apply where a case falls within regulation 33(7), or regulation 3 of the Maintenance Arrangements and Jurisdiction Regulations (relationship between maintenance assessments and certain court orders).
.
Revocation of regulations 40A and 49A of the Maintenance Assessment Procedure Regulations
9
Regulations 40A (suspension of a reduced benefit direction where certain deductions are being made from income support) and 49A (notice of termination of suspension of a reduced benefit direction) of the Maintenance Assessment Procedure Regulations are hereby revoked.
Amendment of regulation 1 of the Maintenance Assessments and Special Cases Regulations
10
1
Regulation 1 of the Maintenance Assessments and Special Cases Regulations (citation, commencement and interpretation) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (2) —
a
after the definition of “family” there shall be inserted the following definition —
“family credit” has the same meaning as in section 128 of the Contributions and Benefits Act;
;
b
after the definition of “Contributions and Benefits Act” there shall be inserted the following definition —
“ Contributions and Benefits (Northern Ireland) Act ” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992 ;
;
c
in the definition of “personal pension scheme”, for the words “section 84(1) of the Social Security Act 1986” there shall be substituted the words “section 1 of the Pensions Schemes Act 1993 ”;
d
after the definition of “prisoner” there shall be inserted the following definition —
“profit-related pay” means any payment by an employer calculated by reference to actual or anticipated profits;
.
3
In paragraph (2A) —
a
after the words “Benefits Act” in each place in which they occur there shall be inserted the words “or, as the case may be, the Contributions and Benefits (Northern Ireland) Act”;
b
in head (ii) of sub-paragraph (e) the words “or under the Social Security Contributions and Benefits (Northern Ireland) Act 1992” shall be omitted.
Insertion of regulation 10A into the Maintenance Assessments and Special Cases Regulations
11
After regulation 10 of the Maintenance Assessments and Special Cases Regulations, there shall be inserted the following regulation —
Assessable income: family credit or disability working allowance paid to or in respect of a parent with care or an absent parent
10A
1
Subject to paragraph (2), where family credit or disability working allowance is paid to or in respect of a parent with care or an absent parent, that parent shall, for the purposes of Schedule 1 to the Act, be taken to have no assessable income.
2
Paragraph (1) shall apply to an absent parent only if —
a
he is also a parent with care; and
b
either —
i
a maintenance assessment in respect of a child in relation to whom he is a parent with care is in force; or
ii
the child support officer is considering an application for such an assessment to be made.
.
Amendment of regulation 12 of the Maintenance Assessments and Special Cases Regulations
12
1
Paragraph (1) of regulation 12 of the Maintenance Assessments and Special Cases Regulations (disposable income) , shall be amended in accordance with the following provisions of this regulation.
2
In sub-paragraph (a), the word “and” at the end shall be omitted.
3
In sub-paragraph (b) —
a
at the beginning there shall be inserted the words “subject to sub-paragraph (c),”; and
b
for the full stop there shall be substituted the word “; and”
4
After sub-paragraph (b) there shall be added the following sub-paragraph —
c
in a case to which regulation 1 l(6) applies and the absent parent is paying maintenance under an order of a kind mentioned in regulation 11(2)(a)(ii) or (v), his net income as calculated in accordance with regulation 7 less the amount of maintenance he is paying under that order.
.
Amendment of Schedule 1 to the Maintenance Regulations Assessments and Special Cases
13
1
Schedule 1 to the Maintenance Assessments and Special Cases Regulations (calculation of N and M) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph 1 —
a
in sub-paragraph (1), after head (a) there shall be inserted the following head —
aa
any profit-related pay, whether paid in anticipation of, or following, the calculation of profits;
;
b
in sub-paragraph (2), after head (g) there shall be added the following head —
h
any tax-exempt allowance made by an employer to an employee.
.
3
In paragraph 2 —
a
in sub-paragraph (1) for “(2)” there shall be substituted “(1A)”;
b
after sub-paragraph (1), there shall be inserted the following sub-paragraph —
1A
Subject to sub-paragraph (4), where a person has claimed, or has been paid, family credit or disability working allowance on any day during the period beginning not earlier than eight weeks before the relevant week and ending not later than the date on which the assessment is made, the child support officer may have regard to the amount of earnings taken into account in determining entitlement to those benefits in order to calculate or estimate the amount of earnings to be taken into account for the purposes of calculating N and M, notwithstanding the fact that entitlement to those benefits may have been determined by reference to earnings attributable to a period other than that specified in sub-paragraph (1).
;
c
for sub-paragraph (2) there shall be substituted the following sub-paragraph —
2
Where a person’s earnings during the period of 52 weeks ending with the relevant week include —
a
a bonus, commission, or payment of profit-related pay made in anticipation of the calculation of profits which is paid separately from or in relation to a longer period than, the other earnings with which it is paid; or
b
a payment in respect of profit-related pay made following the calculation of the employer’s profits,
the amount of that bonus, commission or profit-related payment shall be determined for the purposes of the calculation of earnings by aggregating any such payments received in that period and dividing by 52.
;
d
after sub-paragraph (3) there shall be inserted the following sub-paragraph —
3A
Where a case is one to which regulation 30A(1) or (3) of the Maintenance Assessment Procedure Regulations applies (effective dates of new maintenance assessments in particular cases), the term “relevant week” shall, for the purpose of this paragraph, mean the period of 7 days immediately preceding the date on which the information or evidence is received which enables a child support officer to make a new maintenance assessment calculated in accordance with the provisions of Part I of Schedule 1 to the Act in respect of that case for a period beginning after the effective date applicable to that case.
.
4
In paragraph 3 for sub-paragraph (5) there shall be substituted the following sub-paragraph —
5
For the purposes of sub-paragraph (3)(c), the amount in respect of income tax shall be determined in accordance with the following provisions —
a
subject to head (c), an amount of chargeable earnings equivalent to any personal allowance applicable to the earner by virtue of the provisions of Chapter 1 of Part VII of the Income and Corporation Taxes Act 1988 (personal reliefs) shall be disregarded;
b
an amount equivalent to income tax shall be calculated with respect to taxable earnings at the rates applicable at the effective date;
c
the amount to be disregarded by virtue of head (a) shall be calculated by reference to the yearly rate applicable at the effective date, that amount being reduced or increased in the same proportion to that which the period represented by the chargeable earnings bears to the period of one year;
d
in this sub-paragraph, “taxable earnings” means the chargeable earnings of the earner following the disregard of any applicable personal allowances.
.
5
In paragraph 5, after sub-paragraph (4) there shall be added the following sub-paragraph —
5
Subject to sub-paragraph (3), where a person has claimed, or has been paid, family credit or disability working allowance on any day during the period beginning not earlier than eight weeks before the relevant week and ending not later than the date on which the assessment is made, the child support officer may have regard to the amount of earnings taken into account in determining entitlement to those benefits in order to calculate or estimate the amount of earnings to be taken into account for the purposes of calculating N and M, notwithstanding the fact that entitlement to those benefits may have been determined by reference to earnings attributable to a period other than that specified in sub-paragraph (1).
.
Amendment of Schedule 2 to the Maintenance Assessments and Special Cases Regulations
14
In Schedule 2 to the Maintenance Assessments and Special Cases Regulations (amounts to be disregarded when calculating or estimating N and M) after paragraph 48B there shall be inserted the following paragraph —
48C
Any payment to a person under section 1 of the Community Care (Direct Payments) Act 1996 or section 12B of the Social Work (Scotland) Act 1968 in respect of his securing community care services, as defined in section 46 of the National Health Services and Community Care Act 1990 .
.
Amendment of Schedule 3 to the Maintenance Assessments and Special Cases Regulations
15
1
Schedule 3 of the Maintenance Assessments and Special Cases Regulations (eligible housing costs) shall be amended in accordance with the following provisions of this regulation.
2
In sub-paragraph (t) of paragraph 1, for the words “for that purpose” there shall be substituted the words “in respect of payments eligible to be taken into account as housing costs by virtue of the other provisions of this Schedule”.
3
In paragraph 3 —
a
after sub-paragraph (4) there shall be inserted the following sub-paragraph —
4A
Where —
a
an absent parent or parent with care has obtained a loan which constitutes an eligible housing cost falling within sub-paragraph (d) or (t) of paragraph 1; and
b
a policy of insurance has been obtained and retained, the purpose of which is solely to secure the payment of monies due under that loan in the event of the unemployment, sickness or disability of the insured person,
the amount of the premiums payable under that policy shall be eligible to be taken into account as a housing cost.
;
b
in sub-paragraph (5B), after the words “a personal pension plan” there shall be inserted the words “derived from a personal pension scheme”.
4
In paragraph 4 —
a
for head (a) of sub-paragraph (1) there shall be substituted the following head —
a
they are necessarily incurred for the purpose of purchasing, renting or otherwise securing possession of the home for the parent and his family, or for the purpose of carrying out repairs and improvements to that home;
;
b
after sub-paragraph (1) there shall be inserted the following sub-paragraph —
1A
For the purposes of sub-paragraph (1)(a) “repairs and improvements” shall have the meaning given in paragraph 2 of this Schedule.
;
c
after sub-paragraph (2) there shall be added the following sub-paragraphs —
3
Subject to sub-paragraph (4), payments on a loan shall constitute an eligible housing cost only if that loan has been obtained for the purposes specified in sub-paragraph (1)(a).
4
Where a loan has been obtained only partly for the purposes specified in sub-paragraph (1)(a), the eligible housing cost shall be limited to that part of the payment attributable to those purposes.
.
Transitional provision
16
1
A maintenance assessment in force on 13th January 1997 shall not be reviewed solely to give effect to these Regulations, but the provisions of these Regulations shall be applied in conducting a review of such an assessment under section 16, 17, 18, or 19 of the Act.
2
Where the amount of child support maintenance fixed by any fresh assessment made following a review mentioned in paragraph (1) is affected by the provisions of these Regulations, the effective date of that assessment shall not be earlier than the first day of the first maintenance period which commences on or after 13th January 1997.
3
The provisions of regulations 40A and 49A of the Maintenance Assessment Procedure Regulations in force prior to 13th January 1997 shall continue to apply to a reduced benefit direction which at that date is suspended under the provisions of regulation 40A.
Signed by authority of the Secretary of State for Social Security
A. J. B. Mitchell
Parliamentary Under-Secretary of State,
Department of Social Security
18th December 1996


text:
Citation and commencement
1
These Regulations may be cited as the Charter Trustees (Amendment) Regulations and shall come into force on 29th March 1996.
Amendment of the Charter Trustees Regulations 1996
2
1
The Charter Trustees Regulation 1996 shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 5, for “regulation 12(2)” shall be substituted “regulation 13(2)”.
3
In regulation 7, for paragraph (7), there shall be substituted —
7
Section 80(1)(e) of the 1972 Act shall apply to a local government elector being appointed, or holding office as, a charter trustee as it applies to a person being elected to, or being a member of a local authority, as substituted as follows —
e
is disqualified for being a member of the relevant council under Part III of the Representation of the People Act 1983 or for being a charter trustee under Part III of the Local Government Act 1982 as modified by the Charter Trustee Regulations 1996, and in this paragraph “the relevant council” means the council of the county or district in which is comprised the area for which charter trustees are established by any statutory instrument made under Part II of the Local Government Act 1992.
7A
Section 19(2)(b) of the Local Government Finance Act 1982 shall apply to a local government elector holding office as a charter trustee as it applies to a member of a local authority.
4
After regulation 11, insert —
Transfer of property, etc
11A
1
Regulation 6 of the 1995 Regulations (vesting of property etc. of abolished authorities) shall not apply with respect to any property of an abolished authority which vests in charter trustees by virtue of this regulation.
2
Where charter trustees are established for the whole or any part of the area of an abolished authority any property of that authority which is historic property shall, on the reorganisation date, vest in those charter trustees.
3
Charter trustees may dispose of any historic property which vests in them by virtue of paragraph (2) above to the relevant council if the property in question has a closer association with the area of that council than it does with the area for which the charter trustees act.
4
Regulation 19 of the 1995 Regulations (disputes) shall apply to the interpretation and application of this regulation as it applies to the interpretation and application of those Regulations.
5
In this regulation —
“the 1995 Regulations” means the Local Government Changes for England (Property Transfer and Transitional Payments) Regulations 1995, and “abolished authority” and “the reorganisation date” have the same meanings as in those Regulations; and
“historic property” means any historic and ceremonial property held by an abolished authority other than —
land and buildings, and
any property held for the purposes of any statutory function,
and in particular means charters, insignia and plate.
5
In regulation 13(2), in the subsection substituted for subsection (3) of section 41 of the Local Government Finance Act 1992, for “regulation 12(2) of the Charter Trustees Regulations 1996” shall be substituted “regulation 13(2) of the Charter Trustees Regulations 1996”.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
7th March 1996


text:
1
The Regulations may be cited as the Drivers’ Hours (Passenger and Goods Vehicles) (Exemption) Regulations 1996 and shall come into force on 9th February 1996.
2
Until 18th February 1996 a driver who during any working day or any working week spends time in driving passenger or goods vehicles and who spends time driving or on duty during that day or week to meet the special need occasioned by severe weather conditions in Great Britain or the effects or consequences of such severe weather conditions is exempted from the requirements of the domestic drivers’ hours code in respect of that day or that week.
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State for Transport,
Department of Transport
8th February 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Isle of Wight Healthcare National Health Service Trust (Establishment) Order 1996 and shall come into force on 11th November 1996.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 11th November 1996;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Isle of Wight Healthcare National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established in NHS trust which shall be called the Isle of Wight Healthcare National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more Health Authorities) shall be —
a
to own and manage hospital accommodation and services provided at St. Mary’s Hospital, Parkhurst, Newport, Isle of Wight PO30 5TG and associated hospitals;
b
to own and manage hospital accommodation and services provided at Frank James Hospital, Adelaide Grove, East Cowes, Isle of Wight PO32 6BZ, and associated hospitals and ambulance and patient transport services;
c
to manage community health services and ambulance and patients' transport services provided from Whitecroft, Sandy Lane, Newport, Isle of Wight PO30 3EB and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1997.
2
The accounting date of the trust shall be 31 March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts, including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by Health Authorities before operational date
7
1
The Isle of Wight Health Authority shall —
a
until the operational date make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The Isle of Wight Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State,Department of Health
31st October 1996


text:
PART I
GENERAL
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Occupational Pension Schemes (Transfer Values) 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;
“appropriate date” has the meaning given to that expression in section 97(3A) of the 1993 Act ;
“base rate” has the meaning given to that expression in the Local Government Pension Scheme Regulations 1995 ;
“cash equivalent” means a cash equivalent or guaranteed cash equivalent mentioned in section 93A(1) or 94(1) of the 1993 Act ;
“guarantee date” has the meaning given to that expression in section 93A(2) of the 1993 Act;
“member” (except in regulation 11 and regulation 13(a)(iii)) means a member of a scheme to whom Chapter IV of Part IV of the 1993 Act applies;
“post-97 protected rights” has the meaning given to that expression in the Protected Rights (Transfer Payment) Regulations 1996 ;
“relevant date” has the meaning given to that expression in section 94(2) of the 1993 Act ;
“salary related scheme” means a scheme which is salary related within the meaning of section 93(1A) of the 1993 Act ;
“scheme”, except in the expressions “personal pension scheme” and “receiving scheme”, means occupational pension scheme;
“scheme actuary”, in relation to a scheme to which section 47(1)(b) of the 1995 Act applies, means the actuary mentioned in section 47(1)(b) of that Act;
“section 9(2B) rights” has the meaning given to that expression in the Contracting-out (Transfer and Transfer Payment) Regulations 1996 ;
“trustees”, in relation to a scheme which is not set up or established under a trust, means the managers of the scheme
and other expressions have the same meaning as in the 1993 Act.
PART II
RESTRICTIONS ON RIGHT TO CASH EQUIVALENT
Pre-1986 leavers
2
Chapter IV of Part IV of the 1993 Act shall not apply to a member of a salary related scheme whose pensionable service terminated before 1st January 1986 if all of the member’s accrued rights to benefits under the scheme —
a
are rights —
i
to official pensions specified in Schedule 2 to the Pensions (Increase) Act 1971 (official pensions),
ii
to pensions in relation to which the Pensions (Increase) Act 1971 has effect by virtue of regulations made under section 5(2) of that Act (scope of Act and general powers), or
iii
to pensions under a scheme the rules of which provide that pensions thereunder shall be increased in accordance with the Pensions (Increase) Act 1971; or
b
are rights to pensions under a scheme the rules of which provide that pensions thereunder shall in the pre-pension period (as defined in section 83(1)(a)(iii) of the 1993 Act (scope of Chapter II : revaluation of accrued benefits excluding guaranteed minimum pensions)) be revalued at a rate equal to or exceeding the rate of inflation as measured by the retail price index.
Rules on continuation in employment after termination of pensionable service
3
1
This regulation applies where a member continues in employment to which a scheme applies after the member’s pensionable service in such employment terminates and —
a
that pensionable service commenced before 6th April 1988 and terminated at the member’s request; and
b
i
that pensionable service, but for that request, would have continued until the guarantee date, or
ii
that pensionable service continued, or but for that request would have continued, until the relevant date.
2
Where this regulation applies and the condition mentioned in regulation 3(1)(b)(i) is satisfied, without prejudice to any right the member may acquire to a cash equivalent of money purchase benefits, the member, on making a relevant application in accordance with section 94(1)(aa) of the 1993 Act (right to guaranteed cash equivalent) acquires a right to only that part of the guaranteed cash equivalent which relates to benefits specified in paragraph (4).
3
Where this regulation applies and the condition mentioned in regulation 3(1)(b)(ii) is satisfied, without prejudice to any right the member may acquire to a cash equivalent of benefits other than money purchase benefits, the member acquires a right to the cash equivalent of only those money purchase benefits which are benefits specified in paragraph (4).
4
The benefits referred to in paragraphs (2) and (3) are —
a
in the case of benefits which have accrued in respect of the member’s pensionable service in employment to which the scheme applied, those benefits which are attributable to pensionable service after 5th April 1988; and
b
in the case of benefits which have not so accrued, those benefits which were credited to the member after 5th April 1988.
5
Where a member exercises a right to the part of a guaranteed cash equivalent described in paragraph (2) or to a cash equivalent of only certain money purchase benefits as described in paragraph (3), Chapters II and III of Part IV of the 1993 Act are modified so that, for the purposes of those provisions, the benefits to which that part or that cash equivalent, as the case may be, related are disregarded and the pensionable service by reference to which those benefits were calculated is excluded from the pensionable service referred to in paragraph 1(1) of Schedule 3 to the 1993 Act (the final salary method of revaluation of accrued benefits).
Right to further cash equivalent on termination of employment to which the scheme applies
4
1
This regulation applies to a case where regulation 3 (or regulation 2A of the Occupational Pension Schemes (Transfer Values) Regulations 1985 ) has operated to restrict a member’s cash equivalent and subsequently the member’s employment terminates on a date which is at least one year earlier than the date on which the member would attain the age which is the normal pension age for the scheme or, where the normal pension age is earlier than 60, the age of 60.
2
Where this regulation applies, a right to any cash equivalent or any part of a guaranteed cash equivalent to which the member has not acquired a right but would, but for the operation of regulation 3 (or regulation 2A of the Occupational Pension Schemes (Transfer Values) Regulations 1985), have acquired a right by the date when the member’s employment terminates shall accrue to the member on that date.
3
Where a right to any part of a guaranteed cash equivalent accrues to a member under paragraph (2), the cash equivalent of the benefits to which that part relates shall be recalculated as at —
a
the date on which the member’s employment terminates; or, if later,
b
the date on which the member applies to take that part
and that part shall be increased or reduced by the amount by which it falls short of or exceeds the value of the cash equivalent of those benefits as so recalculated.
4
In relation to any case to which this regulation applies there shall be substituted for the definitions of “relevant date” in section 94(2) of the 1993 Act (right to cash equivalent) and of “the last option date” in section 95(8) of that Act (ways of taking right to cash equivalent) the following definitions —
“relevant date” means the date when the member’s employment terminates or the date of the relevant application, whichever is the later
, and
“the last option date” means the date which falls —
one year before the date on which the member attains normal pension age; or
six months after the date when his employment terminates,
whichever is the later
.
5
In this regulation “employment” means employment to which the scheme applies.
Treatment of a number of employments as a single employment
5
For the purposes of section 98(1) and (1A) of the 1993 Act (variation and loss of rights to cash equivalent) and of regulations 3 and 4, where a member’s employment to which a scheme applies terminates but that member enters again into employment to which that scheme applies, then, if there is between those two employments —
a
an interval not exceeding one month; or
b
an interval of any length if the second of the employments results from the exercise of a right to return to work under section 79 of the Employment Rights Act 1996 (maternity: right to return to work)
they shall be treated as a single employment.
PART III
GUARANTEED STATEMENTS OF ENTITLEMENT AND CALCULATION OF TRANSFER VALUES
Guaranteed statements of entitlement
6
1
The guarantee date in relation to a statement of entitlement such as is referred to in section 93A of the 1993 Act (salary related schemes: right to statement of entitlement) must be within a period of three months beginning with the date of the member’s application under that section for a statement of entitlement, or, where the trustees of the scheme are for reasons beyond their control unable within that period to obtain the information required to calculate the cash equivalent mentioned in section 93A(1) of the 1993 Act, within such longer period as they may reasonably require as a result of that inability, provided that such longer period does not exceed six months beginning with the date of the member’s application.
2
The guarantee date must be within the period of ten days (excluding Saturdays, Sundays, Christmas Day, New Year’s Day and Good Friday) ending with the date on which the statement of entitlement is provided to the member.
3
A member who has made an application under section 93A(1) of the 1993 Act for a statement of entitlement may not within a period of twelve months beginning on the date of that application make any further such application unless the rules of the scheme provide otherwise or the trustees allow the member to do so.
4
Subject to paragraph (3), any application for a cash equivalent made by a member of a salary related scheme which does not result in the member acquiring a right to a guaranteed cash equivalent under section 94(1)(aa) of the 1993 Act shall be treated as if it were an application under section 93A(1) of that Act for a statement of entitlement.
Manner of calculation and verification of cash equivalents
7
1
Except in a case to which, or to the extent to which, paragraph (2) or (5) applies, cash equivalents are to be calculated and verified in such manner as may be approved in particular cases by the scheme actuary or, in relation to a scheme to which section 47(1)(b) of the 1995 Act (professional advisers) does not apply, by —
a
a Fellow of the Institute of Actuaries;
b
a Fellow of the Faculty of Actuaries ; or
c
a person with other actuarial qualifications who is approved by the Secretary of State, at the request of the trustees of the scheme in question, as being a proper person to act for the purposes of these Regulations in connection with that scheme
and, subject to paragraph (2), in this regulation and in regulations 8 and 11 “actuary” means the scheme actuary or, in relation to a scheme to which section 47(1)(b) of the 1995 Act does not apply, the actuary referred to in sub-paragraph (a), (b) or (c) of this paragraph.
2
Where the member in respect of whom a cash equivalent is to be calculated and verified is a member of a scheme having particulars from time to time set out in regulations made under section 7 of the Superannuation Act 1972 (superannuation of persons employed in local government service, etc. ), that cash equivalent shall be calculated and verified in such manner as may be approved by the Government Actuary or by an actuary authorised by the Government Actuary to act on his behalf for that purpose and in such a case “actuary” in this regulation and in regulations 8 and 11 means the Government Actuary or the actuary so authorised.
3
Except in a case to which paragraph (5) applies, cash equivalents are to be calculated and verified by adopting methods and making assumptions which —
a
if not determined by the trustees of the scheme in question, are notified to them by the actuary; and
b
are certified by the actuary to the trustees of the scheme as being —
i
consistent with the requirements of Chapter IV of Part IV of the 1993 Act,
ii
consistent with “Retirement Benefit Schemes-Transfer Values (GN11)” published by the Institute of Actuaries and the Faculty of Actuaries and current at the guarantee date, or if the cash equivalent is of money purchase benefits, at the relevant date,
iii
consistent with the methods adopted and assumptions made, at the time when the certificate is issued, in calculating the benefits to which entitlement arises under the rules of the scheme in question for a person who is acquiring transfer credits under those rules, and
iv
in the case of a scheme to which section 56 of the 1995 Act (minimum funding requirement) applies, consistent with the methods and assumptions adopted in calculating, for the purposes of section 57 of that Act (valuation and certification of assets and liabilities), the liabilities mentioned in paragraphs (a), (c)(i) and (d) of section 73(3) of that Act (preferential liabilities on winding up), subject only to adjustments necessary to take account of the fact that the cash equivalent calculation is made on an individual and not a collective basis.
4
If, by virtue of regulations made under section 61 of the 1995 Act (sections 56 to 60: supplementary), section 56 of that Act applies to a section of a scheme as if that section were a separate scheme, paragraph (3)(b)(iv) shall apply as if that section were a separate scheme and as if the reference therein to a scheme were accordingly a reference to that section.
5
Where a cash equivalent or any portion of a cash equivalent relates to money purchase benefits which do not fall to be valued in a manner which involves making estimates of the value of benefits, then that cash equivalent or that portion shall be calculated and verified in such manner as may be approved in particular cases by the trustees of the scheme and in accordance with methods consistent with the requirements of Chapter IV of Part IV of the 1993 Act.
Further provisions as to calculation of cash equivalents and increases and reductions of cash equivalents (other than guaranteed cash equivalents)
8
1
A cash equivalent such as is mentioned in section 93A of the 1993 Act shall not be reduced under this regulation once it has become a guaranteed cash equivalent and a direction such as is mentioned in paragraph (2) shall not affect such a cash equivalent unless it is made before the guarantee date.
2
Where it is the established custom for additional benefits to be awarded from the scheme at the discretion of the trustees or the employer, the cash equivalent shall, unless the trustees have given a direction that cash equivalents shall not take account of such benefits, take account of any such additional benefits as will accrue to the member in question if the custom continues unaltered.
3
The trustees shall not make a direction such as is mentioned in paragraph (2) unless, within three months before making the direction, they have consulted the actuary and have obtained the actuary’s written report on the implications for the state of funding of the scheme of making such a direction, including the actuary’s advice as to whether or not in the actuary’s opinion there would be any adverse implications for the funding of the scheme should the trustees not make such a direction.
4
In the case of a scheme to which section 56 of the 1995 Act applies, each respective part of the cash equivalent which relates to liabilities referred to in paragraph (a), (c)(i) or (d) of section 73(3) of the 1995 Act may be reduced by the percentage which is the difference between —
a
100 per cent; and
b
the percentage of the liabilities mentioned in the relevant paragraph of section 73(3) which the actuarial valuation shows the scheme assets as being sufficient to satisfy
where the actuarial valuation is the latest actuarial valuation obtained in accordance with section 57 of the 1995 Act before the guarantee date.
5
If, by virtue of regulations made under section 61 of the 1995 Act, section 56 of that Act applies to a section of a scheme as if that section were a separate scheme, paragraph (4) shall apply as if that section were a separate scheme and as if the reference therein to a scheme were accordingly a reference to that section.
6
Where —
a
the guarantee date falls before whichever is the earlier of the date on which the trustees first obtain an actuarial valuation under section 57 of the 1995 Act and the date of expiry of the first period within which they are required to obtain such a valuation; and
b
the latest actuarial statement issued to the scheme in accordance with the provisions of regulation 8(7) of the Occupational Pension Schemes (Disclosure of Information) Regulations 1986 shows that on the date of that statement the scheme does not have sufficient assets to meet its liability in respect of the whole or any specified part of the accrued rights to benefit of its members
the cash equivalent, or, as the case may be, that part of it which relates to that specified part of those accrued rights, may be reduced by the percentage by which the scheme is so shown to be deficient.
7
In a case where a contributions equivalent premium has been paid in respect of a member in accordance with section 55 of the 1993 Act (state scheme etc. premiums), the cash equivalent shall be reduced (to nil if need be) to the extent that it represents the member’s accrued rights which have been extinguished by virtue of section 60 of the 1993 Act (effect of payment of premiums on rights) by payment of that premium.
8
Where a member’s cash equivalent is to be used for acquiring transfer credits under the rules of another scheme or for acquiring rights under the rules of a personal pension scheme and the receiving scheme has undertaken to provide benefits at least equal in value to the benefits represented by that cash equivalent on payment of a lesser sum, including nil, then that cash equivalent shall be reduced to that lesser sum.
9
Where effect has been given to protected rights in accordance with section 32A of the 1993 Act (discharge of protected rights on winding up: insurance policies), the cash equivalent of those rights shall be reduced to nil.
10
Where all or any of a member’s benefits have been appropriately secured, the cash equivalent in respect of those benefits shall be reduced to nil.
11
For the purposes of paragraph (10), “appropriately secured” means the same as in section 19 of the 1993 Act (discharge of liability where guaranteed minimum pensions secured by insurance policies or annuity contracts) except that a policy of insurance or annuity contract which is taken out or entered into with an authorised friendly society (as defined for the purposes of regulation 6 of the Occupational Pension Schemes (Preservation of Benefit) Regulations 1991 (means of assuring short service benefit)), but which otherwise satisfies the conditions for being appropriate for the purposes of section 19, is to be treated as if it were appropriate for the purposes of that section provided the terms of such policy or contract are not capable of being amended, revoked or rescinded.
12
Where a scheme has (in the case of a cash equivalent mentioned in section 93A of the 1993 Act, before the guarantee date) begun to be wound up, a cash equivalent may be reduced to the extent necessary for the scheme to comply with section 73 of the 1995 Act and regulations made under that section.
13
If, by virtue of regulations made under section 73 of the 1995 Act, section 73 of that Act applies to a section of a scheme as if that section were a separate scheme, paragraph (12) shall apply as if that section were a separate scheme and as if the references therein to a scheme were accordingly references to that section.
14
Where all or any of the benefits to which a cash equivalent relates have been surrendered, commuted or forfeited before the date on which the trustees do what is needed to carry out what the member requires, the cash equivalent of the benefits so surrendered, commuted or forfeited shall be reduced to nil.
15
In a case where two or more of the paragraphs of this regulation fall to be applied to a calculation, they shall be applied in the order in which they occur in this regulation.
Increases and reductions of guaranteed cash equivalents
9
1
This regulation applies to a guaranteed cash equivalent when a statement of entitlement has been sent to a member of a salary related scheme by the trustees of the scheme.
2
Where all or any of the benefits to which a guaranteed cash equivalent relates have been surrendered, commuted or forfeited before the date on which the trustees do what is needed to carry out what the member requires, that part of the guaranteed cash equivalent which relates to the benefits so surrendered, commuted or forfeited shall be reduced to nil.
3
Where a scheme has on or after the guarantee date begun to be wound up, a guaranteed cash equivalent may be reduced to the extent necessary for the scheme to comply with section 73 of the 1995 Act and regulations made under that section.
4
If, by virtue of regulations made under section 73 of the 1995 Act, section 73 of that Act applies to a section of a scheme as if that section were a separate scheme, paragraph (3) shall apply as if that section were a separate scheme and as if the references therein to a scheme were accordingly references to that section.
5
If a member’s guaranteed cash equivalent falls short of or exceeds the amount which it would have been had it been calculated in accordance with Chapter IV of Part IV of the 1993 Act and these Regulations it shall be increased or reduced to that amount.
6
In a case where two or more of the paragraphs of this regulation fall to be applied to a calculation, they shall be applied in the order in which they occur in this regulation except that where paragraph (5) falls to be applied it shall be applied as at the date on which it is established that the guaranteed cash equivalent falls short of or exceeds the proper amount.
Increases of cash equivalents on late payment
10
1
Subject to paragraph (2), if the trustees of a scheme, having received an application under section 95 of the 1993 Act, fail to do what is needed to carry out what the member requires within six months of the appropriate date the member’s cash equivalent, as calculated in accordance with regulations 7 to 9, shall be increased by the amount, if any, by which that cash equivalent falls short of what it would have been if the appropriate date had been the date on which the trustees carry out what the member requires.
2
If the trustees of a scheme, having received an application under section 95 of the 1993 Act, fail without reasonable excuse to do what is needed to carry out what the member requires within six months of the appropriate date the member’s cash equivalent, as calculated in accordance with regulations 7 to 9, shall be increased by —
a
interest on that cash equivalent calculated on a daily basis over the period from the appropriate date to the date on which the trustees carry out what the member requires, at an annual rate of one per cent. above base rate; or, if it is greater,
b
the amount, if any, by which that cash equivalent falls short of what it would have been if the appropriate date had been the date on which the trustees carry out what the member requires.
Disclosure
11
1
An active member of any scheme, and a deferred member of a scheme which is a money purchase scheme, is entitled on request (not being a request made less than 12 months after the last occasion (if any) on which such information was furnished to that member) to the information mentioned in Schedule 1 and such information shall be provided to the member by the trustees in writing as soon as is practicable and in any event within three months after the member makes that request.
2
An active or deferred member of any scheme is entitled on request to a copy of the actuary’s written report (if any) obtained in accordance with regulation 8(3) and such report shall be sent to the member by the trustees within one month after the member makes that request.
3
For the purposes of paragraphs (1) and (2) “active member” and “deferred member” have the meaning given to those expressions by section 124 of the 1995 Act (interpretation).
4
The trustees must ensure that a statement of entitlement to a guaranteed cash equivalent is accompanied by —
a
the information mentioned in Schedule 1 in relation to any cash equivalent of or transfer value in relation to the member’s money purchase benefits (if any) under the scheme, calculated by reference to the guarantee date;
b
a statement in writing —
i
where the trustees have given a direction such as is referred to in regulation 8(2), indicating that the cash equivalent does not take account of discretionary benefits, that the trustees have been obliged to obtain the actuary’s written report before excluding such benefits from the calculation of the cash equivalent and that the member is entitled on request to a copy of that report,
ii
indicating whether, and if so for what reasons and by what amount, the member’s cash equivalent has been reduced under regulation 8 and if any such reduction has been made the statement shall indicate the paragraph of regulation 8 which has been relied upon and shall give an estimate of the date (if any) by which it will be possible to make available a guaranteed cash equivalent which is not so reduced,
iii
explaining the terms and effect of regulation 6(3) (no right to make an application for a guaranteed statement of entitlement within 12 months of the last such application),
iv
explaining that if the member wishes to exercise his right to take the guaranteed cash equivalent the member must submit a written application to do so within three months beginning on the guarantee date, and
v
explaining that in exceptional circumstances the guaranteed cash equivalent may be reduced and that the member will be informed if it is so reduced.
5
Where a guaranteed cash equivalent is reduced or increased under regulation 9, the trustees must notify the member of that fact in writing within ten days (excluding Saturdays, Sundays, Christmas Day, New Year’s Day and Good Friday) and such notification must —
a
state the reasons for and the amount of the reduction or increase;
b
indicate the paragraph of regulation 9 which has been relied upon; and
c
state that the member has a further three months, beginning with the date on which the member is informed of the reduction or increase, to make a written application to take the guaranteed cash equivalent as so reduced or increased.
6
Where any person fails to comply with any requirement imposed upon that person by this regulation, the Regulatory Authority may require that person to pay, within 28 days, a penalty which —
a
in the case of an individual, shall not exceed £1,000; and
b
in any other case, shall not exceed £10,000.
PART IV
RECEIVING SCHEMES, ANNUITIES AND ARRANGEMENTS
Requirements to be met by receiving schemes, annuities and arrangements
12
1
The prescribed requirements referred to in section 95(2)(a)(ii) and (b)(ii) of the 1993 Act (cash equivalent of member’s rights in a scheme to be used for acquiring transfer credits or rights under another scheme or personal pension scheme) are that —
a
if the member’s cash equivalent (or any portion of it to be used under section 95(2)(a) or (b) of the 1993 Act) is or includes the cash equivalent of accrued rights to guaranteed minimum pensions, then the scheme or personal pension scheme under whose rules transfer credits or rights are acquired is one to which those accrued rights may be transferred, or to which a transfer payment in respect of those accrued rights may be made, in accordance with regulation 2 of the Contracting-out (Transfer and Transfer Payment) Regulations 1996;
b
if the member’s cash equivalent (or any portion of it to be used under section 95(2)(a) or (b) of the 1993 Act) is or includes the cash equivalent of accrued section 9(2B) rights, then the scheme or personal pension scheme under whose rules transfer credits or rights are acquired is one to which a transfer of liability in respect of those accrued rights may be made in accordance with regulation 7 of the Contracting-out (Transfer and Transfer Payment) Regulations 1996;
c
if the member’s cash equivalent (or any portion of it to be used under section 95(2)(a) or (b) of the 1993 Act) is or includes the cash equivalent of protected rights, then the scheme or personal pension scheme under whose rules transfer credits or rights are acquired is one to which a transfer payment in respect of protected rights may be made in accordance with regulation 2 of the Protected Rights (Transfer Payment) Regulations 1996; and
d
if the scheme from which rights are transferred or from which a transfer payment is made is of a kind described in any of sub-paragraphs (a) to (d) of paragraph (3) of this regulation, the scheme or personal pension scheme to which rights are transferred or to which a transfer payment in respect of rights is made is of a kind described in any of sub-paragraphs (a), (c) or (e) of that paragraph or otherwise satisfies requirements of the Inland Revenue.
2
The prescribed requirements referred to in section 95(2)(c) of the 1993 Act (cash equivalent to be used for purchasing annuities) are that —
a
the annuity is provided by a policy of insurance or an annuity contract which satisfies the requirements of regulations 2, 3 and 4 of the Occupational Pension Schemes (Discharge of Liability) Regulations 1985 ;
b
if the scheme from which rights are transferred is of a kind described in any of sub-paragraphs (a) to (d) of paragraph (3) of this regulation, the annuity satisfies requirements of the Inland Revenue.
3
The kinds of scheme mentioned in paragraphs (1)(d) and (2)(b) of this regulation are —
a
a scheme which is approved by the Commissioners of Inland Revenue for the purposes of Chapter I of Part XIV of the Income and Corporation Taxes Act 1988 ;
b
a scheme which is being considered for approval by the Commissioners of Inland Revenue for the purposes of Chapter I of Part XIV of the Income and Corporation Taxes Act 1988;
c
a relevant statutory scheme as defined in section 611A(1) of the Income and Corporation Taxes Act 1988;
d
a fund to which section 608 of the Income and Corporation Taxes Act 1988 applies; and
e
a scheme which is approved by the Commissioners of Inland Revenue under Chapter IV of Part XIV of the Income and Corporation Taxes Act 1988.
4
The prescribed circumstances referred to in section 95(5)(a) of the 1993 Act (except in prescribed circumstances section 95(2) to be construed as if paragraph (d) were omitted) are that a member of a scheme who has acquired a right to a cash equivalent under section 94 of that Act has required the trustees to use the cash equivalent for subscribing to a pension arrangement mentioned in paragraph (5)(a).
5
The prescribed requirements referred to in section 95(2)(d) of the 1993 Act (cash equivalent to be used for subscribing to pension arrangements not mentioned in section 95(2)(a) to (c)) are that the pension arrangement to which it is proposed to subscribe —
a
is an overseas arrangement or a self-employed pension arrangement;
b
if it is an overseas arrangement and the cash equivalent is or includes the cash equivalent of accrued section 9(2B) rights, is one to which a transfer payment in respect of such rights may be made in accordance with regulation 11 of the Contracting-out (Transfer and Transfer Payment) Regulations 1996; and
c
if the scheme from which rights are transferred is of a kind described in any of sub-paragraphs (a) to (d) of paragraph (3) of this regulation, satisfies requirements of the Inland Revenue.
6
In this regulation —
a
“self-employed pension arrangement” means a personal pension scheme within the meaning of Chapter IV of Part XIV of the Income and Corporation Taxes Act 1988 which is approved by the Inland Revenue under that Chapter but which is neither a personal pension scheme within the meaning of section 1 of the 1993 Act nor a contract or a scheme approved under Chapter III of Part XIV of the Income and Corporation Taxes Act 1988; and
b
“overseas arrangement” has the same meaning as in the Contracting-out (Transfer and Transfer Payment) Regulations 1996.
PART V
TIME LIMITS FOR PAYMENT OF CASH EQUIVALENTS
Extension of time limits for payment of cash equivalents
13
The Regulatory Authority may grant an extension of the period mentioned in section 99(2)(a) or, as the case may be, (b) of the 1993 Act (trustees’ duties after exercise of option) if the trustees have within that period applied to the Regulatory Authority for an extension and —
a
the Regulatory Authority is satisfied that —
i
the scheme is being wound up or is about to be wound up,
ii
the scheme is ceasing to be a contracted-out scheme,
iii
the interests of the members of the scheme generally will be prejudiced if the trustees do what is needed to carry out what is required within that period,
iv
the member has not taken all such steps as the trustees can reasonably expect in order to satisfy them of any matter which falls to be established before they can properly carry out what the member requires,
v
the trustees have not been provided with such information as they reasonably require properly to carry out what the member requires, or
vi
the member’s guaranteed cash equivalent has been reduced or increased under regulation 9 or the member has disputed the amount of the cash equivalent;
b
the provisions of section 53 of the 1993 Act (supervision of formerly certified schemes) apply; or
c
an application has been made for an extension on a ground specified in paragraph (a) or (b) and the Regulatory Authority’s consideration of the request cannot be completed before the end of that period.
PART VI
MODIFICATION OF THE 1993 ACT
Extension of time within which member may exercise option to take a guaranteed cash equivalent
14
1
Where a member’s guaranteed cash equivalent has been reduced or increased under regulation 9, section 94(1)(aa) of the 1993 Act does not apply, or ceases to apply, but if the member —
a
has made a relevant application within three months beginning with the guarantee date; or
b
makes a relevant application within three months beginning with the date on which the member is informed that the guaranteed cash equivalent is to be increased or reduced
the member acquires a right to the guaranteed cash equivalent as so increased or reduced.
2
In any case in which a member, within three months beginning with the guarantee date, disputes the amount of the guaranteed cash equivalent, or, within three months beginning with the date on which that member is informed that the guaranteed cash equivalent is to be increased or reduced in accordance with regulation 9, disputes the basis or amount of the increase or reduction, section 94(1)(aa) does not apply, or ceases to apply, but if the member —
a
has made a relevant application within three months beginning with the guarantee date; or
b
makes a relevant application within three months beginning with the date on which the amount of the guaranteed cash equivalent is finally determined
the member acquires a right to the guaranteed cash equivalent at the amount so determined.
Cases where normal pension age is earlier than 60
15
In their application to a member of a scheme whose normal pension age is earlier than 60, section 93(1)(a)(i) of the 1993 Act (scope of Chapter IV) shall have effect as if the words “at least one year” were omitted and sections 95(8)(a), 98(7)(a) (variation and loss of rights under section 94) and 99(2)(a) and (b) of that Act shall have effect as if the references in them to normal pension age were references to the age of 60.
Accrued rights, or liabilities in respect of accrued rights, transferred without consent
16
1
This regulation applies where —
a
a member has acquired a right under section 94 of the 1993 Act to a cash equivalent but has not exercised the option conferred by section 95 of that Act; and
b
the member’s accrued rights have been transferred to another scheme without that member’s consent.
2
Where this regulation applies, Chapter IV of Part IV of the 1993 Act shall have effect as if the member’s right to a cash equivalent of the benefits in respect of which a transfer or transfer payment has been made existed in relation to the receiving scheme instead of the transferring scheme.
Schemes with an overseas element
17
1
This regulation applies to schemes with any overseas element, as described in section 165(6) of the 1993 Act (requirements as to preservation of benefit under occupational pension schemes).
2
Where this regulation applies, Chapter IV of Part IV of the 1993 Act applies to schemes with any overseas element only to the extent that the requirements specified in or under sections 71 to 82 of the 1993 Act (the preservation requirements) apply to the scheme.
Termination of pensionable service in certain circumstances to be disregarded
18
1
Subject to paragraph (3), where a member’s pensionable service terminates in the circumstances set out in paragraph (2), Chapter IV of Part IV of the 1993 Act shall have effect as if that pensionable service had not terminated.
2
The circumstances referred to in paragraph (1) are that —
a
the pensionable service which has terminated is a period of such service which is one, other than the last one, of a series of such periods in employment to which the scheme relates; and
b
there is between successive periods of pensionable service —
i
no interval,
ii
an interval not exceeding one month,
iii
an interval of any length if it is between two periods of pensionable service the second of which results from the exercise of a right to return to work under section 79 of the Employment Rights Act 1996, or
iv
an interval of any length if it is between two periods of pensionable service the second of which results from a return to work by the member following a period of absence arising in consequence of a trade dispute within the meaning of section 35 of the Jobseekers Act 1995 .
3
This regulation shall not have effect where the trustees of a scheme, during any interval such as is set out in paragraph (2)(b)(ii) to (iv), do what is needed to carry out what a member requires in exercising an option under section 95 of the 1993 Act.
Hybrid schemes
19
1
In this regulation “hybrid scheme” means a scheme which is a salary related scheme but under which some of the benefits which may be provided are money purchase benefits.
2
In relation to a hybrid scheme —
a
section 93A(1) of the 1993 Act shall take effect as if after the word “benefits” there were added the words “other than money purchase benefits”;
b
section 94(1)(a) of the 1993 Act shall take effect as if the words “other than a salary related scheme” were omitted and as if for the words “any benefits” there were substituted the words “any money purchase benefits”; and
c
section 96(1)(a) of the 1993 Act (further provisions concerning exercise of option under section 95) shall take effect as if it read “in relation to both the whole of his guaranteed cash equivalent and the whole of any other cash equivalent such as is mentioned in section 94(1)(a);”.
PART VII
PENALTIES
Maximum penalty under section 10 of the 1995 Act
20
Where section 10 of the 1995 Act (civil penalties) applies by virtue of section 93A(4) or section 99(7) of the 1993 Act, the maximum amount for the purposes of section 10(2) of the 1995 Act shall be £1,000 in the case of an individual and £10,000 in any other case.
PART VIII
REVOCATIONS AND TRANSITIONAL PROVISIONS
Revocations and transitional provisions
21
1
Subject to paragraph (2) and Schedule 2, the regulations listed in column 2 of Schedule 3 (some of which are spent) are revoked to the extent specified in column 3 of that Schedule.
2
Where an application under section 95 of the 1993 Act has been made before the date on which these Regulations come into force, regulations 2 to 20 shall not apply for the purposes of dealing with that application and for those purposes the Occupational Pension Schemes (Transfer Values) Regulations 1985 (as in force immediately before these Regulations came into force) shall continue to apply, subject to the modifications set out in Schedule 2, until the trustees have done what is needed to carry out what the member requires or until that application has been withdrawn.
Signed by authority of the Secretary of State for Social Security.
Oliver Heald
Parliamentary Under-Secretary of State,
Department of Social Security
15th July 1996


text:
Commencement and citation
1
This Order may be cited as the A3 Trunk Road (Wandworth) Red Route (Clearway) Traffic Order 1996, and shall come into force on 16th September 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
Not taken up.
Exemptions for parking
4
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
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
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item.
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 of existing Orders
10
1
The Wansworth (Waiting and Loading Restriction) Order 1976 and A3 Trunk Road (Wansworth) Red Route (Clearway) Experimental Traffic Order 1995 are hereby revoked, in so far as their provisons relate to any part of the trunk road red route clearway.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
9th September 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Medicines (Products Other Than Veterinary Drugs) (Prescription Only) Amendment Order 1996 and shall come into force on 5th July 1996.
2
In this Order “the principal Order ” means the Medicines (Products Other Than Veterinary Drugs) (Prescription Only) Order 1983 .
Amendment of article 3 of the principal Order
2
In article 3(1) of the principal Order (medicinal products on prescription only) —
a
in sub-paragraph (a), for “Article 4(1) to (1AA)” there is substituted “Article 4(1) to (1AC)”;
b
after sub-paragraph (g) there is inserted the following sub-paragraph —
h
radioactive medicinal products, as defined in regulation 1(2) of the Medicines (Administration of Radioactive Substances) Regulations 1978 , other than products which fall within that definition only because they are substances or articles specified in the Medicines (Dental Filling Substances) Order 1975 or in the Medicines (Radioactive Substances) Order 1978 .
.
Amendment of article 4 of the principal Order
3
In article 4 of the principal Order (medicinal products that are not prescription only) the following paragraphs are inserted after paragraph (1AA) —
1AB
Notwithstanding article 3(1)(a), a medicinal product shall not be a prescription only medicine by reason that it contains the substance azelastine hydrochloride where —
a
the medicinal product is indicated only for the treatment of seasonal allergic rhinitis in adults and in children aged not less than 12 years;
b
it is in non-aerosol, aqueous form for nasal administration;
c
it is sold or supplied in a container or package containing not more than 36 doses, each of which contains not more than 140 micrograms of azelastine hydrochloride; and
d
the container or package is labelled to show a maximum dose of 140 micrograms per nostril of azelastine hydrochloride and a maximum daily dose of 280 micrograms per nostril of azelastine hydrochloride.
1AC
Notwithstanding article 3(1)(a), a medicinal product shall not be a prescription only medicine by reason that it contains the substance nizatidine where —
a
the medicinal product is indicated only for the prevention of the symptoms of food-related heartburn in persons aged not less than 16 years; and
b
the container or package is labelled to show a maximum dose of 75 milligrams of nizatidine and a maximum of 4 such doses in any period of 14 days.
.
Amendment of Part I to Schedule 1 to the principal Order
4
In Part I of Schedule 1 to the principal Order (which lists substances which render a medicinal product a prescription only medicine except in the circumstances also listed), in Column 1 —
a
after the entry “Fenoterol Hydrobromide” there is inserted the entry “Fenticonazole Nitrate”;
b
after the entry “Tolmetin Sodium” there is inserted the entry “Tramadol Hydrochloride”;
c
in the entry for Vaccines, after “Bacillus Calmette-Guerin Vaccine” there is inserted“Bacillus Salmonella Typhi Vaccine”.
Amendment of Part II of Schedule 1 to the principal Order
5
In Part II of Schedule 1 to the principal Order (which lists circumstances which exclude specified controlled drugs from the class of prescription only medicines), in the entries in columns 2 and 4 appearing against the entry in column 1 which relates to “Codeine; its salts”, for the word“Codeine” in both places in which it appears there are substituted the words “Codeine Monohydrate”.
Amendment of Table A of Part IV of Schedule 1 to the principal Order
6
In Table A of Part IV of Schedule 1 to the principal Order (name and product licence number of medicinal products that are not prescription only medicines), after the entry for Lanacort Ointment there is inserted the following entry —
Perinal Spray 0173/0049
.
Signed by authority of the Secretary of State for Health.
Gerald Malone
Minister of State,
Department of Health
7th June 1996
William Hague
Secretary of State for Wales
10th June 1996
James Douglas-Hamilton
Minister of State, The Scottish Office
10th June 1996
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on
F A Elliott
Permanent Secretary
10th June 1996.


text:
1
These Regulations may be cited as the Double Taxation Relief (Taxes on Income) (United States of America Dividends) (Amendment) Regulations 1996 and shall come into force on 30th July 1996.
2
In regulation 2(2) of the Double Taxation Relief (Taxes on Income) ( U.S.A. ) Regulations 1946 , for the definition of “chargeable person” there shall be substituted the following definition —
“chargeable person” means any person who is a “collecting agent” within the meaning given by section 118A(d) of the Income and Corporation Taxes Act 1988 ;
.
S C T Matheson
C W Corlett
Two of the Commissioners of Inland Revenue
5th July 1996


text:
1
This Order may be cited as the Education Act 1996 (Commencement No. 1) Order 1996.
2
Section 317(6) of the Education Act 1996 shall come into force on 1st January 1997.
Henley
Minister of State,
Department for Education and Employment
19th November 1996


text:
1
This Order may be cited as the Copyright (Certification of Licensing Scheme for Educational Recording of Broadcasts) (Open University Educational Enterprises Limited) (Amendment) Order 1996 and shall come into force on 1st April 1996.
2
In paragraph 5 of the licensing scheme set out in the Schedule to the Principal Order, there shall be inserted after subparagraph (2)(c) the following:
Note 1
Under the Licensing Scheme discounted rates below the above tariffs may be negotiated covering large user groups and may form part of Licences agreed to operate for more than one year.
Ian Taylor,
Parliamentary Under Secretary of State for Science and Technology,
Department of Trade and Industry
31st January 1996