text:
Citation and commencement
1
This Order may be cited as the Bexley Community Health National Health Service Trust (Establishment) Amendment Order 1996, and shall come into force on 6th April 1996.
Amendment of Establishment Order
2
In Article 3 of the Bexley Community Health 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 community health services at all or any of the following premises —
a
Queen Mary’s Hospital, Sidcup, Kent DA14 6LT;
b
Bexley Hospital, Bexley, Kent DA5 2BW;
c
Greenwich Memorial Hospital, Vanbrugh Hill, London SE10 9HE;
d
Memorial Hospital, Shooters Hill, London SE18; and
e
Goldie Leigh Hospital, Lodge Hill, Abbey Wood, London SE2;
and at any other premises which are associated with any of these hospitals.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State,
Department of Health
27th March 1996


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Advanced Television Services (Amendment) Regulations 1996 and shall come into force on 7th January 1997.
Interpretation
2
In these Regulations —
“the principal Regulations ” means the Advanced Television Services Regulations 1996 .
2
Words and expressions in these Regulations shall have the same meaning as in the principal Regulations.
Amendment to Schedule 1
3
For Schedule 1 to the principal Regulations there shall be substituted the following:
SCHEDULE 1
MODIFICATION OF THE APPLICATION OF THE TELECOMMUNICATIONS ACT 1984 AND OF CERTAIN LICENCES GRANTED THEREUNDER
Regulation 8(2)
Certain systems to be treated as telecommunication systems
1
For the purposes of sections 3 to 7, 12 to 19 and Part III of the 1984 Act: —
a
a conditional access system used for the purposes of providing subscriber management services shall to the extent which it is so used be treated as a telecommunication system even though it would not be so treated apart from this paragraph (in this paragraph referred to as a “deemed system”); and
b
subscriber management services provided by means of a deemed system shall be treated as telecommunication services.
Disapplication of section 6
2
1
Subject to sub-paragraph (2) below, subsection 2(b) of section 6 of the 1984 Act (exemption from the requirement for a telecommunication licence for systems situated on a single set of premises) shall not apply to the running by a person of any conditional access system.
2
Nothing in sub-paragraph (1) above shall affect the exemption in the said subsection (2)(b) as it relates to any conditional access system which is run:
a
by a broadcaster and is used to provide conditional access services for himself only; or
b
by any other person only to enable him to receive digital television services.
Disapplication of existing licences
3
1
Every licence granted under section 7 of the 1984 Act before the coming into force of these Regulations (whether granted to all persons, to persons of a class or to a particular person) which authorises (however expressed) the running of a telecommunication system and the provision by means thereof of conditional access services to digital television services to any other person by the person to whom the licence is granted or any person being a member of the class of persons to whom the licence is granted shall, upon the coming into force of these Regulations, cease to authorise the running of such system in so far as it is used for the purposes of the provision by the Licensee of such services.
2
Where such a licence ceases by virtue of sub-paragraph (1) above to authorise the running by a licensee of a telecommunication system in so far as it is used for the provision of conditional access services to another person, that licence and any other licence granted under section 7 of the 1984 Act before the coming into force of these Regulations which authorises (however expressed) the running of that system in so far as it is used for the provision of such services to that licensee himself shall also cease to authorise the running of that telecommunication system in so far as it is so used.
Substitution of Schedule 2
4
For Schedule 2 to the principal Regulations there shall be substituted the following: —
SCHEDULE 2
ENFORCEMENT OF REGULATIONS 6, 9 AND 14
Regulation 16
Enforcement of the relevant provisions
1
1
This Schedule shall have effect for the purposes of providing for the enforcement of regulations 6(1), 9(1) and 14(1), and in this Schedule, each such provision is hereinafter referred to as a “relevant provision”.
2
Nothing in paragraphs 4 or 5 below shall be taken to authorise the taking of any action in relation to any equipment which has been sold or rented out or otherwise made available as the case may be to a viewer, where the viewer has physically taken delivery of the equipment, provided that —
a
nothing in this paragraph shall prevent an enforcement authority or an officer of such authority from taking any other action authorised by this Schedule in relation to such equipment; and
b
nothing in this Schedule shall prevent the viewer from taking any action or bringing any proceedings which he might otherwise take or bring in respect of such equipment.
Enforcement authorities
2
1
It shall be the duty of the following authorities to enforce the relevant provisions —
a
in Great Britain, weights and measures authorities; and
b
in Northern Ireland, the Department of Economic Development.
2
The Secretary of State may enforce the relevant provisions.
3
In this Schedule, “enforcement authority” includes any person who is, pursuant to the provisions of this paragraph, authorised to enforce the relevant provisions.
Test purchases
3
1
An enforcement authority shall have the power, for the purpose of ascertaining whether any equipment which is required to comply with a relevant provision does in fact so comply, to make, or authorise an officer of the authority to make, any purchase of equipment.
2
Where —
a
any equipment purchased pursuant to this paragraph by or on behalf of an enforcement authority is submitted to a test;
b
the test leads to the bringing of forfeiture proceedings in respect of that equipment or equipment of the same description pursuant to paragraph 7 or 8 below; and
c
the authority is requested to do so and it is practicable for the authority to comply with the request,
the authority shall allow the person from whom the equipment was purchased or any person who is a party to the proceedings or has an interest in the equipment to have the apparatus tested.
3
In this paragraph, “purchase” includes, where equipment is only available to rent, renting, and where consumer equipment capable of descrambling digital television signals is only made available by a method otherwise than by way of sale or rent, obtaining such equipment by that method, and cognate expressions shall be construed accordingly.
Powers of search etc.
4
1
Subject to paragraph 5 below, a duly authorised officer of an enforcement authority may at any reasonable hour and on production, if required, of his credentials exercise any of the powers conferred by the following provisions of this paragraph.
2
The officer may, for the purpose of ascertaining whether there has been a breach of a relevant provision —
a
inspect any equipment and any document, record, information or any other thing relating thereto and enter any premises other than premises occupied only as a person’s residence; or
b
examine any procedure connected with the production of any equipment.
3
If the officer has reasonable grounds for suspecting that there has been a breach of a relevant provision, he may for the purpose of ascertaining (by testing or otherwise) whether there has been any such breach, or for the purpose of bringing proceedings for forfeiture under paragraph 7 or 8 below, seize and detain any equipment.
4
The officer may seize and detain any document, record or information or any other thing which he has reasonable grounds for believing may be required —
a
as evidence in proceedings for forfeiture under paragraph 7 or 8 below; or
b
by the authorities of a member State other than the United Kingdom for the purposes of the exercise of their functions with regard to the Directive.
5
The officer may, for the purpose of the exercise of his powers under sub-paragraphs (3) or (4) above to seize any equipment, any document, record or information or any other thing —
a
require any person having authority to do so to open any container; and
b
himself open or break open any such container where a requirement made under sub-paragraph (a) above in relation to the container has not been complied with.
Provisions supplemental to paragraph 4
5
1
An officer seizing any equipment, document, record or information or any other thing under paragraph 4 above shall inform the person from whom they are seized that such equipment, document, record or information or other thing has been so seized.
2
If a justice of the peace —
a
is satisfied by any written information on oath that there are reasonable grounds for believing either —
i
that any equipment, document, record or information or any other thing which any officer has power to inspect under paragraph 4 above is on any premises (which may be premises occupied only as a person’s residence) and that such inspection is likely to disclose evidence that there has been a breach of a relevant provision; or
ii
that such a breach has taken place, is taking place or is about to take place on any premises; and
b
is also satisfied by any such information either —
i
that admission to the premises has been or is likely to be refused and that notice of an intention to apply for a warrant under this sub-paragraph has been given to the occupier; or
ii
that an application for admission, or the giving of such a notice, would defeat the object of the entry or that the premises are unoccupied or that the occupier is temporarily absent and it might defeat the object of the entry to await his return.
the justice may by warrant under his hand, which shall continue in force for one month, authorise any officer of an enforcement authority to enter the premises, if need be by force.
3
An officer entering any premises by virtue of paragraph 4 above or a warrant under sub-paragraph (2) of this paragraph may take with him such other persons and such equipment as may appear to him to be necessary.
4
On leaving any premises which a person is authorised to enter by a warrant under sub-paragraph (2) of this paragraph, that person shall, if the premises are unoccupied or the occupier is temporarily absent, leave the premises as effectively secured against trespassers as he found them.
5
Where any equipment seized by an officer under paragraph 4 above is submitted to a test, the officer shall inform the person mentioned in sub-paragraph (1) of this paragraph of the result of the test and, if —
a
proceedings are brought in respect fo a breach of a relevant provision for the forfeiture of the equipment concerned; and
b
the officer is requested to do so and it is practicable to comply with the request,
the officer shall allow any person from whom the equipment was seized or any person who is a party to the proceedings or has an interest in the equipment to have the equipment tested.
6
In the application of this paragraph to Scotland, the reference in sub-paragraph (2) above to a justice of the peace shall include a reference to a sheriff and the references to any written information on oath shall be construed as references to any evidence on oath.
7
In the application of this paragraph to Northern Ireland, the references in sub-paragraph (2) above to any written information on oath shall be construed as references to any complaint on oath.
Appeals against detention of equipment
6
1
Any person having an interest in any equipment, document, record, information or other thing which is for the time being detained under any provision of this Schedule by an enforcement authority or by an officer of such an authority may apply for an order requiring such item to be released to him or to another person.
2
An application under this paragraph may be made —
a
to any magistrates' court in which proceedings for forfeiture have been brought in England and Wales and Northern Ireland;
b
where no such proceedings have been brought, by way of complaint to a magistrates' court; or
c
in Scotland, by summary application ot the sheriff.
3
On an application under this paragraph to a magistrates' court or to the sheriff, an order requiring equipment to be released shall be made only if the court or sheriff is satisfied —
a
that proceedings for the forfeiture of the equipment under paragraph 7 or 8 below have not been brought, or, having been brought, have been concluded without the equipment being forfeited; and
b
where no such proceedings have been brought, that more than six months have elapsed since the equipment was seized.
4
Any person aggrieved by an order made under this paragraph by a magistrates' court in England and Wales or Northern Ireland, or by a decision of such a court not to make such an order, may appeal against that order or decision —
a
in England and Wales, to the Crown Court;
b
in Northern Ireland, to the county court,
and an order so made may contain such provision as appears to the court appropriate for delaying the coming into force of the order pending the making and determination of any appeal (including any application under section 111 of the Magistrates' Courts Act 1980 or article 146 of the Magistrates' Courts (Northern Ireland) Order 1981 (statement of case).
Proceedings in England and Wales or Northern Ireland for forfeiture
7
1
Where in England and Wales or Northern Ireland any equipment has been seized and detained by an officer of an enforcement authority pursuant to paragraph 4 above, an officer of that authority may apply to a justice of the peace acting for the petty sessions area in which the equipment was seized (referred to below in this paragraph as the “relevant petty sessions area”) to initiate proceedings for forfeiture of the equipment under this paragraph.
2
An application under this paragraph must be made within the period of six months beginning with the date on which the equipment to which it relates was seized.
3
A justice of the peace to whom an application under this paragraph is made may issue a summons to any person appearing to him to be the owner of or otherwise interested in any equipment to which the application relates requiring him to appear on a day specified in the summons before a magistrates' court acting for the relevant petty session area to show cause why the equipment should not be forfeited.
4
In addition to the person summoned, any other person claiming to be the owner of or otherwise interested in any equipment to which an application under this paragraph relates shall be entitled to appear before the court on the day specified in the summons to show cause why it should not be forfeited.
5
Subject to the following provisions of this paragraph, where any equipment is brought before a magistrates' court in proceedings under this paragraph and the court is satisfied that the equipment breaches the relevant provision, the court shall order the equipment to be forfeited to the enforcement authority concerned, unless the person summoned or any other person entitled to appear before the court for that purpose shows cause why the equipment should not be forfeited.
6
If the person summoned does not appear, the court shall not make an order under this paragraph unless service of the summons is proved.
7
Where in any proceedings under this paragraph an order is made for the forfeiture of any equipment, any person who appeared, or who was entitled to appear, to show cause against the making of the order may appeal to the Crown Court.
8
No order for the forfeiture of any equipment made under this paragraph shall take effect —
a
until the end of the period of twenty-one days after the day on which the order is made; or
b
if appeal proceedings are brought in respect of the order within that period (whether by way of appeal to the Crown Court or by way of case stated for the opinion of the High Court), until the conclusion of those proceedings.
9
If a magistrates' court does not order forfeiture of any equipment brought before it in proceedings under this paragraph the court may if it thinks fit order the person on whose application the proceedings were initiated to pay such costs as the court thinks reasonable to any person who has appeared before the court to show cause why the equipment should not be forfeited; and costs ordered to be paid under this sub-paragraph shall be enforceable as a civil debt.
10
Any equipment ordered to be forfeited under this paragraph may be disposed of by the enforcement authority concerned in such manner as it thinks fit.
11
This paragraph has effect notwithstanding anything in section 140 of the Magistrates' Courts Act 1980 or article 58 of the Magistrates' Courts (Northern Ireland) Order 1981 (disposal of non-pecuniary forfeitures).
12
In the application of this paragraph to Northern Ireland references to a petty sessions area shall be read as references to a petty sessions district.
13
This paragraph applies to England and Wales and Northern Ireland only.
Proceedings in Scotland for forfeiture
8
1
Where in Scotland any equipment has been seized and detained by an officer of an enforcement authority pursuant to paragraph 4 above, the enforcement authority may apply to the sheriff for forfeiture of the equipment under this paragraph.
2
An application to the sheriff under sub-paragraph (1) shall be made by summary application and must be made within the period of six months beginning with the date on which the equipment to which it relates was seized.
3
Where an application is made under this paragraph and the sheriff is satisfied that the equipment breaches the relevant provision, the sheriff shall order the equipment to be forfeited to the enforcement authority concerned, unless cause is shown why the equipment should not be forfeited.
4
Any equipment ordered to be forfeited under this paragraph may be disposed of by the enforcement authority concerned in such manner as it thinks fit.
5
This paragraph applies to Scotland only.
Power of the court to require a matter to be remedied
9
1
Where an application is made for the forfeiture of any equipment in respect of any matter which it appears to the court or the sheriff as the case may be to be a matter which it is in the power of any person, who appears or who is entitled to appear to show cause why such equipment should not be forfeited, to remedy, the court or sheriff may, instead of ordering the equipment to be forfeited, order him, within such time as may be fixed by the order, to take such steps as may be specified in the order for remedying the said matter.
2
The time fixed by an order under sub-paragraph (1) above may be extended or further extended by order of the court or sheriff on an application made before the end of that time as originally fixed or as extended under this sub-paragraph, as the case may be.
Recovery of expenses of enforcement
10
1
This paragraph applies where a court or sheriff as the case may be makes an order under paragraph 7, 8 or 9 above.
2
The court or sheriff may (in addition to any other order it may make as to costs or expenses) order the person appearing to be the owner of or otherwise interested in the equipment or from whom the equipment was seized, to reimburse the enforcement authority for any expenditure which has been or may be incurred by that authority —
a
in investigating the breach, and, without prejudice to the generality of the foregoing, in having the equipment tested; or
b
in connection with any seizure or detention of the equipment by or on behalf of the authority.
Application of England and Wales of certain provisions of the Police and Criminal Evidence Act 1984
11
1
Whilst nothing in these Regulations shall be taken as providing that a contravention of a relevant provision constitutes a criminal offence, sections 15, 16, 20 and 21 of the Police and Criminal Evidence Act 1984 shall apply to the exercise by an officer of an enforcement authority of the powers conferred by this Schedule as they apply to a constable.
2
This paragraph applies to England and Wales only.
Application in Northern Ireland of certain provisions of the Police and Criminal Evidence (Northern Ireland) Order 1989
12
1
Whilst nothing in these Regulations shall be taken as providing that a contravention of a relevant provision constitutes a criminal offence, articles 17, 18, 22 and 23 of the Police and Criminal Evidence (Northern Ireland) Order 1989 shall apply to the exercise by an officer of an enforcement authority of the powers conferred by this Schedule as they apply to a constable.
2
This paragraph applies to Northern Ireland only.
Interpretation
13
1
In this Schedule —
“equipment” means —
in relation to regulation 6, a television set;
in relation to regulation 9, consumer equipment capable of descrambling digital television signals; and
in relation to regulation 14, a television set containing an integrated digital decoder;
“premises” includes any place and, in particular, includes —
any vehicle, vessel, aircraft or hovercraft,
any offshore installation; and
any tent or movable structure,
and in this definition, “offshore installation” has the meaning given to it by regulation 3 of the Offshore Installations and Pipeline Works (Management and Administration) Regulations 1995 .
2
In this Schedule “document, record or information” includes any computer disk or other electronic, magnetic or electromagentic means upon which the document, record or information is or is reasonably believed to be stored.
Ian Taylor,
Parliamentary Under Secretary of State for Science and Technology,
Department of Trade and Industry
19th December 1996


text:
Citation and commencement
1
These Regulations may be cited as the Local Government Changes for England (Amendment) Regulations 1996 and shall come into force on 1st April 1996.
Amendment of the 1994 Regulations
2
1
The Local Government Changes for England Regulations 1994 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 1(2) (application) —
a
for “itself or” substitute “itself,”; and
b
after “that Act” insert “or in any other relevant provision.”
3
In regulation 5 (references in enactments) —
a
for paragraphs (1) to (8) substitute —
1
This regulation shall have effect on and after the reorganisation date and in this regulation —
“provision” means a provision in any enactment (whenever enacted) other than the order; and
“relevant area” means a local government area or an electoral area.
2
Subject to paragraph (3) below, where, immediately before the reorganisation date, a provision applies to the whole of a named relevant area which is altered by the order —
a
the provision shall apply to the whole of the area as altered; and
b
any reference in the provision to that area shall be construed as a reference to the area as so altered.
3
Where, immediately before the reorganisation date, a provision applies to the whole of a named county and on that date —
a
the county is altered so that a district in the county ceases to form part of the county; and
b
the district does not become comprised in an area for which there is a county council,
the provision shall apply to the whole of the district; and any reference in the provision to the county shall, for the purposes of its application to the district, be construed as including a reference to the district.
4
Where, immediately before the reorganisation date, a provision applies to the whole of a named local government area (being the area of a transferor authority) which is abolished by the order —
a
the provision shall apply to so much of any transferee authority’s area as comprises a transferred area; and
b
any reference in the provision to the abolished area shall be construed as a reference to the transferred area.
5
A provision (other than one mentioned in paragraph (2), (3) or (4) above) which, immediately before the reorganisation date, applies to an area (however defined) which is affected by the order shall continue to apply to, but only to, the area to which it applied immediately before that date.
6
In relation to an area for which there is a district council but no county council, any reference in a provision to a county council or a county shall, so far as is required for giving effect to the provision, be construed as including a reference to a district council or, as the case may be, a district.
7
In relation to an area for which there is a county council but no district councils, any reference in a provision to a district council or a district shall, so far as is required for giving effect to the provision, be construed as including a reference to a county council or, as the case may be, a county.
8
Any provision which applies to an area as mentioned in this regulation shall have effect subject to such other modifications (including, in particular, modifications of references to named local authorities) as are necessary for the purpose of securing the full and effective application of the provision.; and
b
after paragraph (10), add —
11
Nothing in this regulation or the order shall be construed as altering the geographical areas or the roads or lengths of roads to which a provision made under the Road Traffic Regulation Act 1984 applies.
4
Delete regulation 23 (coroners).
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
7th March 1996


text:
Citation and commencement
1
1
This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session Amendment No.2) (Fees of Shorthand Writers) 1996 and shall come into force on 1st May 1996.
2
This Act of Sederunt shall be inserted in the Books of Sederunt.
Amendment of Table of Fees
2
In Chapter IV (Shorthand Writers) of the Table of Fees in rule 42.16 of the Rules of the Court of Session 1994 , in the paragraphs specified in column 1 of the following table, for the figures set out in column 2 as applying to those paragraphs, there shall be substituted the figures set out in column 3 of that table; and the fees so substituted shall apply to work, for which those fees are chargeable, done on or after the date on which this Act of Sederunt comes into force: —
TABLE
Column 1 Column 2 Column 3 (paragraph) (old fees) (new fees) £ £
1 (minimum fee per day) 56.40 58.30 1 (per hour) 18.80 19.40 2(a) 4.00 4.10 (b) 4.85 5.00 (c) 0.31 0.35
Saving
3
The fees set out in column 2 of the table in paragraph 2 above, shall continue to apply to work done before the date on which this Act of Sederunt comes into force.
Hope of Craighead
Lord President, I.P.D.
Edinburgh,
6th March 1996


text:
Citation and commencement
1
1
This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session Amendment No. 6) 1996 and shall come into force on 14th November 1996.
2
This Act of Sederunt shall be inserted in the Books of Sederunt.
Revocation of Chapter 34A of the Rules of the Court of Session
2
Subject to paragraph 3 below, Chapter 34A (pursuers' offers) of the Rules of the Court of Session( i s hereby revoked; and accordingly the Rules shall be amended–
a
by omitting the Chapter; and
b
by omitting from the appendix Forms 34A.2 (form of minute of offer to settle), 34A.4 (form of minute of withdrawal of offer to settle) and 34A.5 (form of minute of acceptance of offer to settle).
Saving
3
Chapter 34A of the Rules of the Court of Session shall continue to have effect (and the forms mentioned in that paragraph shall continue to be applicable) as respects any offer to settle made, in accordance with that Chapter, at any time before this Act of Sederunt comes into force.
Rodger of Earlsferry
Lord President
I.P.D.
Edinburgh
30th October 1996


text:
1
This Order may be cited as the A21 Trunk Road (Lamberhurst Bypass Detrunking) Order 1996 and shall come into force on 1st August 1996.
2
In this Order —
(i) “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 as principal roads; (ii) “the new trunk road” means the trunk road referred to in Article 2 of the A21 Trunk Road (Lamberhurst Bypass) Order 1996; and (iii) “the trunk road” means the A21 Trunk Road.
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a classified road from the date on which the Secretary of State notifies the Kent County Council that the new trunk road is open for traffic.
Signed by authority of the Secretary of State for Transport
D. Ward
Director Southern Operations Division Highways Agency
15th July 1996


text:
Commencement and citation
1
This Order may be cited as the A3 Trunk Road (Kingston Upon Thames) 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 Kingston Upon Thames (Waiting and Loading Restriction) ( No. 1) Traffic Order 1994 as amended and the A3 Trunk Road (Kingston Upon Thames) Red Route (Clearway) Experimental Traffic Order 1995 are hereby revoked, in so far as their provisions 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
These Regulations may be cited as the Jobseeker’s Allowance (Transitional Provisions) (Amendment) Regulations 1996 and shall come into force on 7th October 1996, immediately following the coming into force of the Transitional Provisions Regulations .
2
In these Regulations —
“ the Act ” means the Jobseekers Act 1995;
“the Transitional Provisions Regulations” means the Jobseeker’s Allowance (Transitional Provisions) Regulations 1995 ;
“the Jobseeker’s Allowance Regulations ” means the Jobseeker]s Allowance Regulations 1996 ;
“the Unemployment Benefit Regulations ” means the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983 .
3
For the avoidance of doubt, a person complies with any requirement or provision of these Regulations or the Transitional Provisions Regulations if he is treated as complying with that requirement or provision.
Definition of benefit week
2
1
Paragraph (2) of regulation 1 of the Transitional Provisions Regulations (interpretation) shall be amended in accordance with the following provisions of this regulation.
2
In the definition of “benefit week” for sub-paragraph (c) there shall be substituted the following sub-paragraph —
c
where the benefit is a jobseeker’s allowance, has the same meaning it has in the Jobseeker’s Allowance Regulations by virtue of regulation 1(3) of those Regulations .
.
3
After the definition of “the Income Support Regulations” the following definition shall be inserted —
“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 1996 ;
.
Linking periods
3
1
Regulation 3 of the Transitional Provisions Regulations (linking periods) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1) in sub-paragraph (d) at the end there shall be inserted the words “and is required to attend court.”.
3
In paragraph (2) at the end there shall be added the following sub-paragraph —
e
any period of interruption of employment where a jobseeking period begins within 8 weeks of that period ending.
.
4
After paragraph (2) the following paragraph shall be inserted —
2A
For the purpose of sub-paragraph (2)(e) a day of unemployment shall form part of a period of interruption of employment if a jobseeking period begins within 6 days of that day.
.
5
Any period of interruption of employment which ends within 8 weeks of the commencement of a jobseeking period as described in regulation 2(1) shall be treated, for the purposes of this regulation, as a jobseeking period.
Termination and cancellation of awards of income support
4
In regulation 4 of the Transitional Provisions Regulations (termination and cancellation of awards of income support) in paragraph (2) after the words “seeking employment)” there shall be added the words “as in force on the relevant day.”.
Transition from unemployment benefit to a Jobseeker’s Allowance
5
In regulation 5 of the Transitional Provisions Regulations (transition from unemployment benefit to a jobseeker’s allowance) for paragraphs (1) and (2) there shall be substituted the following paragraphs —
1
In a case where, except where paragraph (1A) applies, in accordance with a notice issued to him under regulation 19 of, and paragraph 1 of Schedule 5 to, the Claims and Payments Regulations, a person claims unemployment benefit on or after 7th October 1996 but before 20th October 1996, any claim made for unemployment benefit which the claimant is required to make in accordance with that notice —
a
on a day falling on or after 7th October 1996 but before 13th October 1996 shall be treated also as a claim for a jobseeker’s allowance for a period commencing on the day after the date of claim and, where an award of unemployment benefit is made and benefit is payable in respect of the relevant day, that award shall be treated also as an award of a jobseeker’s allowance for a period commencing on the day after the date of claim and continuing until such date as the claimant fails to satisfy, or in respect of which he ceases to be treated as satisfying, any condition of entitlement to a jobseeker’s allowance which applies in his case; or
b
on a day falling on or after 14th October 1996 but before 20th October 1996 shall be treated as a claim for unemployment benefit for the first benefit week falling within the period of that claim and as a claim for a jobseeker’s allowance for the subsequent week and for any week thereafter and, where an award of unemployment benefit is made and benefit is payable in respect of the relevant day in the first benefit week shall be treated also as an award of a jobseeker’s allowance for the subsequent week and continuing until such date as the claimant fails to satisfy, or in respect of which he ceases to be treated as satisfying, any condition of entitlement to a jobseeker’s allowance which applies in his case.
1A
In a case where, in accordance with a notice issued to him under regulation 19 of, and paragraph 1 of Schedule 5 to, the Claims and Payments Regulations, a person claims unemployment benefit on a day in the benefit week which includes 7th October 1996, any claim for unemployment benefit which the claimant is required to make in accordance with that notice shall be treated as a claim for unemployment benefit and not for a jobseeker’s allowance for the remaining days of that benefit week.
2
An award of unemployment benefit —
a
made in accordance with regulation 17(2)(b) of the Claims and Payments Regulations; or
b
which is made on or after 7th October 1996 for a period commencing before 7th October 1996,
and which extends beyond the benefit week which includes the relevant day shall terminate at the end of that benefit week.
.
Jobseeker’s Allowance to replace income support and unemployment benefit
6
1
Regulation 6 of the Transitional Provisions Regulations (jobseeker’s allowance to replace income support and unemployment benefit) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1) —
a
for the words “a person whose award” there shall be substituted the words “a person who is paid benefit in respect of the relevant day in accordance with an award”, and after the words“unemployment benefit” in the second place where they occur there shall be inserted the words“and the award”;
b
after the words “jobseeker’s allowance” where they occur for the second time, there shall be inserted the words “, except, in relation to a contribution-based jobseeker’s allowance, those specified in sections 1(2)(e) and 2(1)(c) of the Act,”.
3
In paragraph (3) at the end there shall be added —
nor as having an award of a jobseeker’s allowance in accordance with regulation 5(1).
.
Claims for entitlement to a Jobseeker’s Allowance
7
1
Regulation 7 of the Transitional Provisions Regulations (claims for entitlement to a Jobseeker’s Allowance) shall be amended in accordance with the following provisions of this regulation.
2
In sub-paragraph (1)(a) for the words “regulation 6; or” there shall be substituted the words“regulation 5 or 6.”.
3
Sub-paragraph (1)(b) shall be omitted.
4
In paragraph (3) after the words “6th or 7th April 1996” there shall be added the words“and where the period of interruption of employment that was current on that date was also current on the relevant day” — .
5
After paragraph (3) the following paragraph shall be inserted —
3A
In the case of a person to whom unemployment benefit was not payable in respect of either 6th or 7th April 1996 —
a
section 5(1) shall have effect as if the reference to 182 days was a reference to 156 days; and
b
in any benefit week commencing on or after 7th October 1996, Sunday or such other day of the week which before that date was, in the claimant’s case, substituted for Sunday in accordance with regulation 4 of the Unemployment Benefit Regulations as in force on 6th October 1996 shall be disregarded solely for the purpose of determining whether in the aggregate a person has been entitled to a contribution-based jobseeker’s allowance for 156 days.
.
6
In paragraph (5) —
a
in sub-paragraph (a), for the words “and had been entitled to unemployment benefit” to“juror began” there shall be substituted the words “and unemployment benefit was payable to him in respect of the day immediately preceding the day on which he was required to serve as a juror”;
b
in sub-paragraph (b), for the words “and who had been” to “income support” there shall be substituted the words “and unemployment benefit or income support was, or both were, payable to him in respect of the day immediately preceding the day in respect of which that training began”.
7
In paragraph (6) for the words “Where” to “taking part in training” there shall be substituted the words “In the case of a person to whom the requirements of one or more of sub-paragraphs (a), (b) or (c) of paragraph (5) apply on either 6th or 7th April 1996”.
8
In paragraph (7) —
a
in sub-paragraph (a) after the words “jury service” there shall be inserted the words “and was required to serve as a juror”; and
b
after sub-paragraph (c) the following words shall be inserted —
and where income support was payable to him in respect of the day immediately preceding the day on which he was required to serve as a juror,
.
Further provisions applying to a continuing entitlement to a Jobseeker’s Allowance
8
In regulation 8 of the Transitional Provisions Regulations (further provisions applying to a continuing entitlement to a Jobseeker’s Allowance), in sub-paragraph (2)(b) after the words“jobseeker’s allowance” there shall be inserted the words “, other than those specified in sections 1(2)(e) and 2(1)(c) of the Act,”.
Transitionally protected period
9
1
Regulation 9 of the Transitional Provisions Regulations (transitionally protected period) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (5) for the words “occupational pension” there shall be substituted the words“pension payments”.
3
In paragraph 6, for sub-paragraphs (a) and (b) there shall be substituted the following sub-paragraphs —
a
had attained pensionable age; and
b
to whom unemployment benefit was payable in accordance with an award made by virtue of section 25(2)(b) or (c) of the Benefits Act;
.
4
In paragraph (9) —
a
after the words “adult dependant” there shall be inserted the words “for the relevant day”; and
b
after the word “him” where it occurs for the second time, there shall be inserted the words“, or any dependency increase payable to him in accordance with section 80(2)(a) of the Benefits Act in respect of the relevant day in respect of a child who does not reside with him,”.
5
After paragraph (9) the following paragraphs shall be added —
10
In a case where unemployment benefit was payable in respect of the relevant day, and the benefit included an increase for an adult dependant, continuing entitlement to the benefit and the increase shall be determined as if the provisions of regulation 14(1)(b) of the Social Security (Overlapping Benefits) Regulations 1979 continued to apply, notwithstanding that those provisions have ceased to have effect.
11
In the transitionally protected period, the provisions of regulation 14(2) the Social Security (Overlapping Benefits) Regulations 1979 shall continue to apply in order to adjust the amount of unemployment benefit payable to a claimant for part of a week, notwithstanding that those provisions have ceased to have effect.
.
Saving provisions
10
After regulation 9 of the Transitional Provisions Regulations (transitionally protected period) the following regulation shall be inserted —
9A
During the transitionally protected period —
a
regulation 3(3), (4A), (4B), (5) and (6) of the Social Security (Computation of Earnings) Regulations 1978 as in force on 6th October 1996 shall continue to apply for the purposes of calculating or estimating a person’s earnings in determining his entitlement to a contributionbased jobseeker’s allowance; and
b
regulation 4 of the Unemployment Benefit Regulations as in force on 6th October 1996 shall continue to apply for the purpose of determining whether a day of the week substituted for Sunday shall be disregarded in calculating a person’s aggregate entitlement to a contributionbased jobseeker’s allowance.
.
Earnings during the transitionally protected period: further provisions
11
In regulation 11 of the Transitional Provisions Regulations (earnings during the transitionally protected period), in paragraph (3) for the words “section 1(2)(a) to (d)(i) and (e) to (i)” there shall be substituted the words “sections 1(2)(a) to (c) and (f) to (i) and 2(1)(a), (b) and (d)”.
Part-time students
12
In regulation 13 of the Transitional Provisions Regulations (part-time students) in sub-paragraph (b) of paragraph (4) for the words “regulation 7” there shall be substituted the words“regulation 5”.
Claimants subject to disqualification or reduction in benefit
13
1
Regulation 14 of the Transitional Provisions Regulations (claimants subject to disqualification or reduction in benefit) shall be amended in accordance with the following provisions of this regulation.
2
After paragraph (2) there shall be inserted the following paragraph —
2A
In the case of a person who on the relevant day had an award of income support and whose weekly applicable amount was reduced after the relevant day in accordance with regulation 21A of the Income Support Regulations —
a
any award of an income-based jobseeker’s allowance shall be reduced by a sum equal to an amount by which the weekly applicable amount would have been reduced; and
b
any denial of a jobseeker’s allowance in accordance with section 19 of the Act in respect of the period during which the weekly applicable amount would have been reduced shall be disregarded.
.
3
In paragraph (3) after the words “paragraph (2)” there shall be inserted the words “or (2A)”.
4
In sub-paragraph (3)(b) at the end there shall be added the words “in the claimant’s favour”.
5
After paragraph (3) the following paragraph shall be inserted —
3A
In the case of a person to whom a jobseeker’s allowance is not payable in accordance with section 19 or paragraph (1) for a period ending before or during the benefit week which includes 6th April 1997 —
a
where the period during which a jobseeker’s allowance was not payable ends during a benefit week, any award of an income-based jobseeker’s allowance under section 20(4) or paragraph (2) shall end on the last day of the previous benefit week;
b
where the period during which a jobseeker’s allowance was not payable ends on the last day of a benefit week, any award of an income-based jobseeker’s allowance under section 20(4) or paragraph (2) shall end on that day.
.
Attendance, evidence and information
14
After regulation 17 of the Transitional Provisions Regulations (claims for a jobseeker’s allowance) the following regulations shall be inserted —
Attendance
18
For the purposes of these Regulations, a direction to attend an unemployment benefit office or to attend an office for the purposes of furnishing information or evidence under regulation 8(1) or (2) of the Claims and Payments Regulations in respect of a claim for income support or unemployment benefit and a written notice to attend an interview as referred to in regulation 7(1)(i) of the Unemployment Benefit Regulations shall continue to apply and both the direction and the written notice shall be treated as a notice under regulation 23 of the Jobseeker’s Allowance Regulations.
Evidence and information
19
1
In the period commencing on 7th October 1996 and ending on 20th October 1996, the requirement to provide information or evidence on or by a particular date under regulation 7(1) or 32(1) of the Claims and Payments Regulations shall continue to apply and shall be treated as a requirement to provide a signed declaration under regulation 24(6) of the Jobseeker’s Allowance Regulations on the day specified by the Secretary of State in accordance with regulation 24(10) of those Regulations.
2
Where a claimant has complied with regulation 7(1) or 32(1) of the Claims and Payments Regulations during the period commencing on 30th September 1996 and ending on 13th October 1996 for the purpose of claiming income support or unemployment benefit, information provided under those provisions shall be treated as satisfying the requirements of regulation 24(6) of the Jobseekers Allowance Regulations.
3
During the period commencing on 30th September 1996 and ending on 27th October 1996 for the purposes of regulation 26 of the Jobseeker’s Allowance Regulations, the reference to a claimant providing information or evidence which shows that he continues to be entitled to a jobseeker’s allowance shall include a reference to the requirement to comply with regulation 7(1) or 32(1) of the Claims and Payments Regulations for the purpose of claiming income support or unemployment benefit, and the reference to the day after he last attended in compliance with a notice under regulation 23 of the Jobseeker’s Allowance Regulations shall include a reference to the first day of his award of a jobseeker’s allowance.
.
Treatment of contribution-based Jobseeker’s Allowance as earnings
15
In regulation 15 of the Transitional Provisions Regulations (treatment of contributionbased jobseeker’s allowance as earnings), in paragraph (1) for the word “earnings” there shall be substituted the word “income”.
Questions not immediately ascertainable
16
1
Regulation 16 of the Transitional Provisions Regulations (questions not immediately ascertainable) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1) after sub-paragraph (a) the following sub-paragraph shall be inserted —
aa
a question as to whether the conditions specified in section 1(2) other than sub-paragraph (d)(i), or a question as to whether the conditions specified in section 2, other than those specified in section 2(1)(c) or (d), are satisfied, and the adjudication officer is satisfied that the answer to one of those questions cannot be immediately ascertained, he shall proceed to determine the claim on the assumption that the answers to either question are those which are immediately ascertainable;
.
3
In paragraph (2) —
a
sub-paragraphs (a), (b) and (d) shall be omitted; and
b
after sub-paragraph (d) the following sub-paragraph shall be added —
e
whether in relation to any claimant the applicable amount includes an amount by way of a severe disablement premium by virtue of regulation 17(1)(d) or 18(1)(e) of, and paragraph 13 of Schedule 2 to, the Income Support Regulations (applicable amounts).
.
Signed by authority of the Secretary of State for Social Security.
Roger Evans
Parliamentary Under-Secretary of State,
Department of Social Security
10th June 1996


text:
PART I
General
Citation, commencement and interpretation
1
1
This Order, which supersedes the Land Registration Fees Order 1994 , may be cited as the Land Registration Fees Order 1996 and shall come into force on 1st April 1996.
2
In this Order unless the context otherwise requires:
“account holder” means a person or firm holding a credit account;
“ the Act ” means the Land Registration Act 1925;
“charge” includes a sub-charge;
“credit account”means an account authorised by the Registrar under article 18(2);
“Index Map section” has the same meaning as in the Land Registration (Open Register) Rules 1991 ;
“licensed conveyancer” has the same meaning as in section 11(2) of the Administration of Justice Act 1985 and includes a recognised body within the meaning of section 32(2) of that Act;
“monetary consideration” means a consideration in money or money’s worth (other than a nominal consideration or a consideration consisting solely of a covenant to pay money owing under a mortgage);
“the principal rules” means the Land Registration Rules 1925 ;
“scale fee” means a fee payable in accordance with a scale set out in Schedule 1 or 2;
“scale fee application” means an application which attracts a scale fee, or which would attract such a fee but for the operation of article 6;
“Schedule” means a Schedule to this Order;
“share in registered land” means a share in the proceeds of sale of registered land held on trust for sale.
PART II
Scale Fees
Applications for first registration
2
1
Subject to article 6 (large scale applications, etc. ), the fee for an application for first registration (other than an application for first registration of title to a lease by an original lessee or his personal representative or an application for first registration of a rentcharge) shall be paid in accordance with Scale 1 in Schedule 1 on the value of the land comprised in the application determined in accordance with article 7.
2
Subject to paragraph (3), and to article 6 (large scale applications, etc.), the fee for an application for the first registration of title to a lease (whether or not deriving from a registered freehold or leasehold title) by the original lessee or his personal representative shall be paid in accordance with Scale 1 in Schedule 1 on an amount calculated in accordance with the following formula:
A = P + ( 10 × R )
where
A is the amount on which the fee is to be paid, P is the amount or value of any monetary consideration given by the lessee as part of the same transaction by way of fine, premium or otherwise, and R is the largest ascertainable amount of annual rent reserved by the lease.
3
Where no monetary consideration is given by the lessee as part of the same transaction by way of fine, premium or otherwise and:
a
no annual rent is reserved; or
b
the annual rent reserved cannot be ascertained at the time the application is made, a fee shall be paid in accordance with Scale 1 in Schedule 1 on the value of the lease determined in accordance with article 7, subject to the minimum fee being £40.
Transfers of registered land for monetary consideration, etc
3
1
Subject to paragraphs (2) to (5), and to article 4(1)(i) (transfer of matrimonial home pursuant to an order of the Court) and article 6 (large scale applications, etc.), the fee for an application for the registration of:
a
a transfer of registered land for monetary consideration;
b
a transfer for the purpose of giving effect to a disposition for monetary consideration of a share in registered land;
c
a surrender of a registered lease for monetary consideration (whether effected by deed or otherwise), except where the surrender is consideration or part consideration for the grant of a new lease to the registered proprietor for the registration of which a scale fee is paid;
shall be paid in accordance with Scale 1 in Schedule 1 on the amount or value of the consideration.
2
Where a sale and sub-sale of land are effected by separate instruments of transfer, a separate fee shall be payable in respect of each transfer.
3
Where a single instrument of transfer gives effect to a sale and a sub-sale of the same land a single fee shall be assessed upon the greater of the monetary consideration given by the purchaser or the monetary consideration given by the sub-purchaser in respect of that land.
4
Where a single instrument of transfer gives effect to a sale, and a sub-sale of part only of the land comprised in the sale, the fee payable shall be the aggregate of:
a
a fee assessed upon the monetary consideration given by the sub-purchaser in respect of the land comprised in the sub-sale; and
b
a fee assessed upon the amount (if any) by which the monetary consideration given by the purchaser in respect of the land comprised in the sale exceeds the monetary consideration given by the sub-purchaser in respect of the land comprised in the sub-sale.
5
Where an instrument gives effect to an exchange of registered land (“the first land”) for other registered land (“the second land”), whether or not money is paid by way of equality, it shall be treated for the purpose of assessing the fee payable for its registration as two separate transfers, being a transfer of the first land for monetary consideration equal to the value of the first land and a transfer of the second land for monetary consideration equal to the value of the second land.
6
The fee for an application to cancel an entry in the register of notice of an unregistered lease which has determined on merger, surrender or otherwise shall be paid in accordance with Scale 1 in Schedule 1 on the value thereof immediately prior to its determination.
Transfers otherwise than for monetary consideration, etc.
4
1
Subject to paragraphs (2) and (3), to article 6 (large scale applications, etc.) and to paragraph (8) of Schedule 4 (applications to which section 145(2) of the Act applies), the fee for an application for the registration of:
a
a transfer of registered land otherwise than for monetary consideration;
b
a surrender of a registered lease (whether effected by deed or otherwise) where the surrender is consideration or part consideration for the grant of a new lease to the registered proprietor for the registration of which a scale fee is paid;
c
a surrender of a registered lease otherwise than for monetary consideration (whether effected by deed or otherwise);
d
a transmission of registered land on death or bankruptcy;
e
an assent of registered land (including a vesting assent);
f
an appropriation of registered land;
g
a vesting order or declaration made under section 47 of the Act;
h
a rectification of the register;
i
a transfer of a matrimonial home (being registered land) made pursuant to an order of the Court;
shall be paid in accordance with Scale 2 in Schedule 2 on the value of the land which is the subject of the dealing, determined in accordance with article 8, but after deducting therefrom the amount secured upon the land by any charge subject to which the registration takes effect.
2
Where a transfer falling within paragraph (1)(a) is one for the purpose of giving effect to the disposition of a share in registered land the fee for an application for its registration shall be paid in accordance with Scale 2 in Schedule 2 on the value of that share.
3
Where, in the case of rectification of the register, the fee appears to the Registrar to be unreasonable or excessive he may reduce or waive it.
Charges of registered land
5
1
Subject to paragraphs (5) and (6), and to article 6 (large scale applications, etc.), the fee for an application for the registration of a charge shall be paid in accordance with Scale 2 in Schedule 2 on the amount of the charge determined in accordance with article 9.
2
Subject to article 6 (large scale applications, etc.), the fee for an application for the registration of:
a
the transfer of a charge for monetary consideration; or
b
a transfer for the purpose of giving effect to the disposition for monetary consideration of a share in a registered charge;
shall be paid in accordance with Scale 2 in Schedule 2 on the amount or value of the consideration.
3
Subject to article 6 (large scale applications, etc.) and to paragraph (8) of Schedule 4 (applications to which section 145(2) of the Act applies), the fee for an application for the registration of the transfer of a registered charge otherwise than for monetary consideration shall be paid in accordance with Scale 2 in Schedule 2 on the amount secured by the registered charge at the time of the transfer or, where the transfer relates to more than one charge, the aggregate of the amounts secured by the registered charges at the time of the transfer.
4
Subject to article 6 (large scale applications, etc.) and to paragraph (8) of Schedule 4 (applications to which section 145(2) of the Act applies), the fee for an application for the registration of a transfer for the purpose of giving effect to the disposition otherwise than for monetary consideration of a share in a registered charge shall be paid in accordance with Scale 2 in Schedule 2 on a proportionate part of the amount secured by the registered charge at the time of the transfer or, where the transfer relates to more than one charge, a proportionate part of the aggregate of the amounts secured by the registered charges at the time of the transfer.
5
Subject to paragraph (6), where a scale fee application (“the primary application”) is made that will, when completed, result in a person (“the applicant”) becoming registered as the proprietor of particular registered land or of one or more registered charges, no fee shall be payable for the registration of a charge by the applicant (or, where the primary application is for the first registration of title to land, by a predecessor in title of the applicant) which charges the registered land or the registered charge or charges which are the subject of the primary application, provided the charge by the applicant either accompanies the primary application or is lodged for registration before the primary application is completed.
6
Where a charge by an applicant referred to in paragraph (5) also charges property (“the additional property”) which comprises registered land or, as the case may be, one or more registered charges, not being property which is the subject of the primary application referred to in paragraph (5), that paragraph shall not extend to the additional property so that a fee shall be paid in accordance with Scale 2 in Schedule 2 for the registration of the charge by the applicant in respect of the additional property on an amount calculated in accordance with the following formula:
A = V A × C V C
where
A is the amount on which the fee is payable, V A is the value or amount of the additional property, V C is the value of all the property comprised in the charge and C is the amount of the charge determined in accordance with article 9.
Large scale applications, etc.
6
1
In this article:
a
“large area application” means an application falling within article 2 (first registration of land; first registration of title to a lease) which comprises land having an area or aggregate area exceeding 100 hectares;
b
“large scale application” means a scale fee application which relates to not fewer than 20 land units, other than —
i
a large area application;
ii
a low value application; or
iii
an application to register a charge to which article 5(5) applies, except to the extent that it relates to additional land within the meaning of article 5(6);
c
“low value application” means a scale fee application, other than an application falling within article 2 (applications for first registration), where the value of the land, or the amount of the charge, to which it relates (as the case may be) does not exceed £30,000.
d
“land unit” means:
i
where the land is unregistered, a separate area of land not adjoining any other unregistered land comprised in the same application;
ii
where the land is registered, the land registered under a single title number.
2
The fee for a large scale application shall be whichever is the greater of:
a
the amount payable in respect of the application under article 2, 3, 4 or 5, as the case may be; or
b
a fee calculated on the following basis —
i
where the application relates to not more than 500 land units, £10 for each land unit to which it relates;
ii
where the application relates to more than 500 land units, £5,000 plus £5 for each land unit to which it relates in excess of 500 land units,
provided that the fee shall in no case exceed £40,000.
3
If, having regard to the extent of the land comprised in a large area application, the Registrar considers that the cost of the work involved in dealing with that application would substantially exceed the scale fee otherwise payable, such additional fee shall be payable as the Registrar shall direct as appropriate not exceeding the excess cost of the work involved.
PART III
Valuation
Valuation (first registration)
7
1
In the case of an application to which article 2(1) applies (first registration of title to land otherwise than by the original grantee under a lease or his personal representatives) made within one year of a sale (other than an exchange, whether or not money is paid for equality, or the sale of a share only in the proceeds of sale of such land) the value of the land shall be taken to be the amount of the monetary consideration given together with the amount outstanding at the time of the purchase under any charge or mortgage subject to which the land was purchased.
2
In the case of an application:
a
to which article 2(1) applies, other than one falling within paragraph (1); or
b
to which article 2(3) applies,
the value of the land or lease (as the case may be) shall be ascertained by the Registrar at such sum as in his opinion it would fetch if sold in the open market at the date of the application free from any charge or mortgage.
3
As evidence of such value the Registrar may require a statement in writing, signed by the applicant or his solicitor or licensed conveyancer or by any other person who, in the Registrar’s opinion, is competent to make such a statement.
4
Where an application for first registration is made on the purchase of a leasehold estate by the reversioner or of a reversion by the leaseholder or on any other like occasion and determination of an unregistered interest, by way of merger, surrender or otherwise, takes place, the value of the land shall be the combined value of the reversionary and determined interests assessed in accordance with paragraphs (1) to (3).
Valuation (registered land)
8
1
Where the value of the land in a registered title falls to be determined under this Order it shall be ascertained by the Registrar at such sum as in his opinion the land would fetch if sold in the open market free from any charge or mortgage:
a
in the case of a surrender at a date immediately prior to the surrender;
b
in any other case at the date of the application.
2
As evidence of such value the Registrar may require a statement in writing, signed by the applicant or his solicitor or licensed conveyancer or by any other person who, in the Registrar’s opinion, is competent to make such a statement.
Valuation (charges)
9
1
Subject to paragraph (5), where the amount of a charge falls to be determined under this Order it shall be taken to be:
a
in the case of a charge to secure a fixed amount, the amount secured by the charge;
b
in the case of a charge to secure further advances, where the total amount of the advances or of the money to be owing at any one time is in any way limited, the amount so limited;
c
in the case of a charge to secure further advances, where the total amount of the advances or of the money to be owing at any one time is in no way limited, an amount equal to the value of the registered land comprised in the charge after deducting therefrom the amount secured on it by any prior registered charge.
2
Where a charge of a kind referred to in paragraph (1)(a) or (1)(b) is secured on unregistered land or other property as well as on registered land, the fee in accordance with article 5 shall be payable on an amount calculated in accordance with the following formula:
A = V R × C V C
where
A is the amount on which the fee is payable, V R is the value of the registered land, V C is the value of all the property comprised in the charge, and C is the amount of the charge determined in accordance with paragraph (1).
3
The fee for the registration of a charge by way of additional or substituted security or by way of guarantee shall be payable on the lesser of:
a
the amount secured or guaranteed; or
b
the value of the land after deducting the amount secured on the land by any prior registered charge.
4
Subject to paragraph (5), the fee for the registration of a charge to secure an obligation or liability which is contingent upon the happening of a future event (not being a charge falling within paragraph (3)) shall be payable on the value of the land after deducting the amount secured on the land by any prior registered charge.
5
If in relation to a charge to which paragraph (4) applies, the maximum amount or value of the obligation or liability which may arise is in any way limited under the charge and is capable of being ascertained at the time of the application to register the charge then the fee shall be payable on that amount or value, if less than the value of the land after deducting the amount secured on the land by any prior registered charge.
6
For the purpose of this Order, where two or more charges are contained in the same instrument and secure the same debt, the instrument shall be treated as creating a single charge by the chargor (or where there is more than one chargor, a single separate charge by each of the chargors) the amount of the charge (or the charge by each chargor) being equal to the lesser of:
a
the whole debt; or
b
the value of the registered land charged by that chargor after deducting therefrom the amount secured on it by any prior registered charge.
PART IV
Fixed Fees and Exemptions
Fixed fees
10
1
Subject to paragraphs (3) and (4), the fees for the applications and services specified in Schedule 3 shall be those set out in that schedule.
2
The fee for an application in Form 112A, Form 112B or Form 112C in Schedule 1 to the Land Registration (Open Register) Rules 1991 shall be the aggregate of the fees payable for the services provided, save that the maximum fee for any one application shall be £200.
3
The Registrar may, if he thinks fit, waive any fee or part of a fee or any category of fee payable under this article.
4
If, having regard to the extent of the land to which an application for a search of the Index Map relates, the Registrar considers that the cost of the work involved in dealing with that application would substantially exceed any fee otherwise payable under this Order, such additional fee shall be payable as the Registrar shall direct as appropriate to cover the excess cost of the work involved.
5
Notification of the additional fee shall be given to the applicant and, if he then elects to withdraw his application, no fee shall be payable.
Exemptions
11
No fee shall be payable in respect of any of the applications and services specified in Schedule 4.
PART V
General and Administrative Provisions
Refund of fees
12
1
Where an amount exceeding the prescribed fee has been paid, there shall be refunded any excess remaining after the deduction, if the Registrar so directs, of an amount not exceeding £10 in respect of the cost of repayment.
2
Where the person or firm lodging the application is an account holder, any amount to be refunded under paragraph (1) may at the discretion of the Registrar be repaid to the account holder by crediting the amount to the account holder’s credit account.
3
Subject to article 10(5), if any application is cancelled or withdrawn no part of the fee therefore shall be refunded unless the Registrar so directs.
Cost of advertisements and special enquiries
13
If in the course of dealing with any application the Registrar directs publication of an advertisement or any other special enquiry, the costs so incurred shall be defrayed by the applicant unless the Registrar directs to the contrary.
Fixed boundaries
14
Where application is made for the boundaries of land to be noted on the register as fixed under rule 277 of the principal rules such fee shall be charged as the Registrar may consider necessary to cover the cost of any examination of title, enquiries, mapping, surveying, notices or other work involved.
Special expedition
15
Where application for special expedition in connection with an application is granted, such further fee, being not less than £40, shall be payable as the Registrar shall direct having regard to the special work involved.
Applications not otherwise referred to
16
Upon an application for which no other fee is payable under this Order and which is not exempt from payment, there shall be paid such fee (if any) not exceeding a fee in accordance with Scale 1 in Schedule 1 on the value of the land or on the amount of the charge as the Registrar shall direct having regard to the work involved.
Method of payment
17
Fees payable under this Order shall be collected in money and, subject to article 18:
a
every fee shall, except where the Registrar otherwise permits, be paid by means of a cheque or postal order crossed and made payable to H. M. Land Registry;
b
where the amount of the fee payable on an application is immediately ascertainable, the fee shall be payable on delivery of the application;
c
where the amount of the fee payable on an application is not immediately ascertainable, on delivery of the application there shall be paid on account of the fee such sum, being not less than the minimum fee payable in accordance with Scale 1 in Schedule 1, as the applicant may reasonably estimate to be the fee payable and there shall be lodged therewith an undertaking to pay on demand the balance of the fee due, if any.
Credit accounts
18
1
In this article “credit limit” in relation to a credit account authorised for use under paragraph (2) means the maximum amount (if any) which is to be due on the account at any time, as notified by the Registrar to the account holder from time to time, by such means of communication as the Registrar considers appropriate.
2
Any person or firm may, if authorised by the Registrar, use a credit account in accordance with this article for the purpose of the payment of fees for applications and services of such kind as the Registrar shall from time to time direct.
3
For the purpose of enabling the Registrar to consider whether or not a person or firm seeking to use a credit account may be authorised to use such an account, that person or firm shall furnish to the Registrar such information and evidence as the Registrar may require to satisfy him of the person or firm’s fitness to hold a credit account and the ability of the person or firm to pay any amounts which may become due from time to time under a credit account, if authorised.
4
For the purpose of enabling the Registrar to consider from time to time whether or not an account holder may continue to be authorised to use a credit account, the account holder shall furnish to the Registrar from time to time, when requested to do so by the Registrar, such information and evidence as the Registrar may require to satisfy him of the account holder’s continuing fitness to hold a credit account and the continuing ability of the account holder to pay any amounts which may become due from time to time under the account holder’s credit account.
5
Where an account holder makes an application in respect of which credit facilities are available, he may make a request, in such manner as the Registrar shall direct, for the appropriate fee to be debited to the account holder’s credit account, but the Registrar shall not be required to accept such a request where the amount due on the account exceeds the credit limit applicable to the credit account, or would exceed it if the request were to be accepted.
6
Where a person or firm having a credit account makes an application in respect of which credit facilities are available but which is not accompanied by any fee and does not contain a request for the fee to be debited to such account, the Registrar may debit the fee to that person’s or that firm’s credit account.
7
A statement of account shall be sent by the Registrar to each account holder at the end of each calendar month or such other period as the Registrar shall direct either in any particular case or generally.
8
On receipt of the statement the account holder shall pay by cheque any sum due on his credit account forthwith.
9
Cheques shall be crossed and made payable to H. M. Land Registry and sent to the Accounts Section, H. M. Land Registry, Burrington Way, Plymouth, PL5 3LP or at such other address as the Registrar shall direct.
10
The Registrar may at any time and without giving reasons terminate or suspend any or all authorisations given under paragraph (2).
Mackay of Clashfern, C.
Dated 23rd January 1996
Michael Bates
Simon Burns
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 1st February 1996


text:
Citation and commencement
1
This Order may be cited as the South Worcestershire Community National Health Service Trust Dissolution Order 1996 and shall come into force on 1st April 1996.
Dissolution of NHS trust
2
The South Worcestershire Community National Health Service Trust established by the South Worcestershire Community National Health Service Trust (Establishment) Order 1992 is hereby dissolved, and accordingly that Order is hereby revoked.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State
Department of Health
19th March 1996


text:
Citation and commencement
1
These Regulations may be cited as the Income Tax (Interest on Quoted Eurobonds) Regulations 1996 and shall come into force on 30th July 1996.
Interpretation
2
In these Regulations unless the context otherwise requires —
“appropriate person” means any person to whom, or at whose direction, interest on quoted Eurobonds is payable by the relevant payer, other than an eligible person;
“the Board” means the Commissioners of Inland Revenue;
“eligible person” means a person who —
is not resident in the United Kingdom,
is the beneficial owner of a quoted Eurobond, and
is beneficially entitled to the interest on the quoted Eurobond;
“notice” means notice in writing;
“quarter” means —
the period from 30th July 1996 to 30th September 1996;
any subsequent period of 3 months ending with the last day of December, March, June or September;
“quoted Eurobond” has the meaning given by subsection (6) of section 124;
“relevant payer” means the person by or through whom a payment of interest on quoted Eurobonds is made;
“section 124” means section 124 of the Income and Corporation Taxes Act 1988.
Declaration by depositary for recognised clearing system
3
1
Subject to regulation 7(1), subsection (1)(b) of section 124 shall be taken not to apply to a payment of interest on a quoted Eurobond made to, or at the direction of, a depositary for a recognised clearing system unless the depositary has made a declaration in writing to the relevant payer.
2
A declaration under paragraph (1) shall be in such form as the Board may require, and shall contain the information specified in paragraph (3) and the undertaking specified in paragraph (4).
3
The information specified is —
a
the full name of the recognised clearing system;
b
the full name of the depositary;
c
the address of the principal place of business of the depositary;
d
the full name of the relevant payer to whom the declaration is made;
e
a statement by the depositary that the interest payable by the relevant payer is in respect of a quoted Eurobond held in the recognised clearing system for which he acts as depositary;
f
a statement by the depositary that the information contained in the declaration is correct to the best of his knowledge and belief.
4
The undertaking specified is an undertaking that the depositary will notify the relevant payer to whom the declaration is made of any payments of interest to which the declaration does not apply, or has ceased to apply.
5
A declaration under paragraph (1) shall be signed by an officer of the depositary authorised for that purpose, stating the capacity in which he signs.
6
A declaration under paragraph (1) shall have effect in relation to any payments of interest on quoted Eurobonds arising to a depositary that are made after the declaration is made to the relevant payer, unless and until that person —
a
receives a notification relating to those payments in accordance with the undertaking contained in the declaration,
b
receives a notice from the Board under regulation 7(2) relating to those payments, or
c
has reason to believe, by reference to information in his possession, that the declaration is, or has become, incorrect as respects those payments.
Declaration by eligible person or appropriate person
4
1
Subject to regulation 7(1), subsection (1)(b) of section 124 shall be taken not to apply to a payment of interest on a quoted Eurobond on the grounds that the condition in subsection (2)(a) of that section is satisfied, unless a declaration in writing has been made by the eligible person or by an appropriate person to the relevant payer confirming that that condition is satisfied with respect to the payment.
2
A declaration under paragraph (1) shall not have effect in relation to a payment of interest on a quoted Eurobond if the relevant payer —
a
receives a notification relating to that payment in accordance with the undertaking contained in the declaration,
b
receives a notice from the Board under regulation 7(2) relating to that payment, or
c
has reason to believe, by reference to information in his possession, that the declaration is, or has become, incorrect as respects that payment.
3
A declaration under paragraph (1) shall not have effect in relation to more than one payment of interest on a quoted Eurobond.
Declaration by eligible person — additional provisions
5
1
A declaration by an eligible person under regulation 4 shall be in the form prescribed, or in a form authorised, by the Board, and shall contain the information specified in paragraph (2) and the undertaking specified in paragraph (3).
2
The information specified is —
a
the full name of the eligible person;
b
the principal address of the eligible person, that is to say —
i
where the eligible person is an individual, his principal residential address, or
ii
where the eligible person is a body corporate, the address of its registered office or principal place of business;
c
the full name of the relevant payer to whom the declaration is made;
d
the name of the quoted Eurobond and the amount of the payment of interest;
e
a statement that as an eligible person the declarant is eligible to receive interest on quoted Eurobonds with no tax deducted;
f
a statement that the information contained in the declaration is correct to the best of the eligible person’s knowledge and belief.
3
The undertaking specified is an undertaking that the eligible person will notify the relevant payer to whom the declaration is made if the declaration does not apply, or has ceased to apply, to the payment of interest to which the declaration purports to relate.
4
A declaration under paragraph (1) shall be signed —
a
where the eligible person is an individual, by that individual,
b
where the eligible person is a body corporate, by the secretary of that company or other officer of that company duly authorised for that purpose, stating the capacity in which he signs.
Declaration by appropriate person — additional provisions
6
1
A declaration by an appropriate person under regulation 4 shall be in the form prescribed, or in a form authorised, by the Board, and shall contain the information specified in paragraph (2) and the undertaking specified in paragraph (3).
2
The information specified is —
a
the full name of the appropriate person;
b
the principal address of the appropriate person, that is to say —
i
where the appropriate person is an individual, his principal residential address, or
ii
where the appropriate person is a body corporate, the address of its registered office or principal place of business;
c
the full name of the relevant payer to whom the declaration is made;
d
the name of the quoted Eurobond and the amount of the payment of interest;
e
a statement that the appropriate person has no reason to believe, by reference to information in his possession, that the status of the eligible person is not as mentioned in regulation 5(2)(e);
f
a statement that the information contained in the declaration is correct to the best of the appropriate person’s knowledge and belief.
3
The undertaking specified is an undertaking that the appropriate person will notify the relevant payer to whom the declaration is made if the declaration does not apply, or has ceased to apply, to the payment of interest to which the declaration purports to relate.
4
A declaration by an appropriate person shall be signed —
a
where the appropriate person is an individual, by that individual,
b
where the appropriate person is a body corporate, by the secretary of that company or other officer of that company duly authorised for that purpose, stating the capacity in which he signs.
Notices by the Board to relevant payers
7
1
Where the Board consider that one or both of the conditions of subsection (2) of section 124 is satisfied with respect to payments of interest on any holding of quoted Eurobonds by a relevant payer, they may by notice to the relevant payer direct that payments of interest on that holding made by the relevant payer after the expiry of the period of 30 days following the date of issue of the notice are payments to which subsection 1(b) of section 124 applies.
2
Where the Board consider that neither of the conditions of subsection (2) of section 124 is satisfied with respect to payments of interest on any holding of quoted Eurobonds by a relevant payer, they may by notice to the relevant payer direct that payments of interest on that holding made by the relevant payer after the expiry of the period of 30 days following the date of issue of the notice are not payments to which subsection (1)(b) of section 124 applies.
3
Where the Board issue a notice under paragraph (2), any declaration under regulation 3 or 4 which relates to any of the payments of interest referred to in the notice, whether the declaration is made before or after the date of issue of the notice, shall be of no effect.
4
A relevant payer in respect of whom a notice is issued by the Board under paragraph (2) may, not later than 30 days after the date of issue of the notice, appeal against that notice by notice to the Board.
5
The appeal shall be to the Special Commissioners who shall confirm the notice appealed against unless they are satisfied that the notice ought to be quashed.
Quarterly returns by relevant payers
8
1
Not later than 30 days after the end of a quarter, a relevant payer shall make a return to the Board, in the form provided by the Board, setting out the particulars specified in paragraph (2) and containing the declaration specified in paragraph (3).
2
The particulars specified are the total of the payments of interest on quoted Eurobonds made by him in that quarter to which subsection (1)(b) of section 124 applied.
3
The declaration specified is a declaration by the relevant payer that the particulars given in the return are to the best of his knowledge and belief correct and complete.
Information to be provided to the Board by relevant payers
9
The Board may by notice require any person who is or has at any time been a relevant payer, within such time (not being less than 14 days) as may be provided by the notice, to furnish them with such information (including copies of or extracts from any books, documents or other records) as they may reasonably require to satisfy themselves that that person has complied with the requirements of section 124 and these Regulations.
Inspection of records by officer of the Board
10
1
The Board may by notice require any person who is or has at any time been a relevant payer, within such time (not being less than 14 days) as may be provided by the notice, to make available for inspection by an officer of the Board authorised for that purpose all such books, documents and other records in his possession or under his control as they may reasonably require to satisfy themselves that that person has complied with the requirements of section 124 and these Regulations.
2
Where a document or other record is maintained by computer, the person to whom the notice is issued shall provide the officer making the inspection with all the facilities necessary for obtaining information from that document or other record.
Keeping of records
11
1
A relevant payer shall, throughout the period specified in paragraph (2), maintain and retain sufficient records, other than declarations to which regulation 12 applies, to enable an officer of the Board to satisfy himself on inspection of those records that the payer has complied with the requirements of section 124 and these Regulations.
2
The period specified is the period of six years commencing with the date of payment of interest on the quoted Eurobond to which the record concerned relates.
Keeping of declarations
12
1
A relevant payer shall retain, throughout the period specified in paragraph (2) and the period of two years immediately following the end of that period, any declaration made to him under regulation 3 or 4.
2
The period specified is the period during which payments of interest on quoted Eurobonds made by the relevant payer are, by virtue of the declaration, payments to which subsection (1)(b) of section 124 applies.
Production of declarations
13
1
The Board may by notice require a relevant payer within such time (not being less than 14 days) as may be provided by the notice, to produce for inspection by an officer of the Board authorised for that purpose all documents in which declarations made to him under regulation 3 or 4 are contained.
2
The officer of the Board to whom the documents referred to in paragraph (1) are produced may take copies of or extracts from those documents.
3
In paragraph (1) the reference to a relevant payer includes a reference to a person who is no longer a relevant payer at the time when the notice under that paragraph is issued.
S C T Matheson
C W Corlett
Two of the Commissioners of Inland Revenue
5th July 1996