text:
Commencement and citation
1
This Order may be cited as the A30 Trunk Road (Hounslow and Hillingdon) Red Route (Clearway) Traffic Order 1996, and shall come into force on 17th January 1996.
Interpretation
2
In this Order —
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route clearway” means the lengths of road specified in column (2) of the table in schedule 1;
f
“vehicle” includes part of a vehicle; and
g
an entry in column (3), (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule.
General prohibition of stopping
3
1
Subject to the provisions of paragraph (2) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop at any time in the trunk road red route clearway.
2
The controls specified in paragraph (1) of this article do not apply in respect of any area of the trunk road red route clearway specified in schedule 2.
Exemptions for parking
4
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 to 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 1st 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 31st December 1996 to
i
a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver), and
ii
a local bus not so constructed or adapted;
4
In this article “local bus”, “local service”, “scheduled express service”, “school bus” and “works bus” have the meanings given to those expressions in regulation 4 of the Traffic Signs Regulations and General Directions 1994
Other exemptions
9
1
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to stop if that person is —
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Revocation or variation of existing Orders
10
1
Subject to paragraph (2) of this article, the Hounslow (Waiting and Loading Restriction) Order 1977 is hereby revoked, in so far as its provisions relate to any part of the trunk road red route clearway.
2
The revocation specified in paragraph (1) of this article shall take effect in respect of any provision contained in the Hounslow (Waiting and Loading Restriction) Order 1977 only from the time at which the traffic sign indicating the effect of that provision has been obliterated.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner,
Traffic Director for London
12th January 1996


type: legislation

jurisdiction: UK

text:
PART I
INTRODUCTION
Citation and commencement
1
1
This Order may be cited as the Social Security Benefits Up-rating Order 1996.
2
This Order shall come into force for the purposes of —
a
articles 1, 2, 22 and 24 on 1st April 1996;
b
article 9 on 6th April 1996;
c
article 10 on 7th April 1996;
d
articles 3 to 8, 11, 12 and 13 on 8th April 1996;
e
articles 14 and 15 on 11th April 1996;
f
articles 16, 17 and 23 on 9th April 1996;
g
articles 18, 19 and 20, in so far as they relate to a particular beneficiary, on the first day of the first benefit week to commence for that beneficiary on or after 8th April 1996, and for the purpose of this and the next following sub-paragraph, “benefit week” has the same meaning as in the Income Support Regulations ;
h
article 21(7), in so far as the sums specified are relevant for the purposes of paragraph 9(2)(a) of Schedule 3 to the Income Support Regulations, on the first day of the benefit week to commence for the beneficiary on or after 8th April 1996;
i
except in a case to which sub-paragraph (h) applies, article 21, on 1st April 1996.
3
The increases made by this Order in the sums specified for rates or amounts of benefit under the Contributions and Benefits Act or the Pension Schemes Act shall take effect for each case on the date specified in relation to that case in article 6 of this Order.
Interpretation
2
In this Order, unless the context otherwise requires —
“the Administration Act ” means the Social Security Administration Act 1992 ;
“the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992 ;
“the Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 ;
“the Disability Working Allowance Regulations ” means the Disability Working Allowance (General) Regulations 1991 ;
“the Family Credit Regulations ” means the Family Credit (General) Regulations 1987 ;
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 ;
“the Income Support Regulations” means the Income Support (General) Regulations 1987 ; and
“the Pension Schemes Act” means the Pension Schemes Act 1993 .
PART II
SOCIAL SECURITY BENEFITS AND PENSIONS
Increase in rates or amounts of certain benefits under the Contributions and Benefits Act
3
1
The sums specified in paragraph (2) below shall be increased from and including the respective dates specified in article 6 below so as to have effect as set out in Schedule 1 to this Order.
2
The sums mentioned in paragraph (1) above are the sums specified in Parts I, III , IV and V of Schedule 4 to the Contributions and Benefits Act (contributory periodical benefits, non-contributory periodical benefits, increases for dependants and rates of industrial injuries benefit), except in Part III the sum specified for age addition to a pension of any category, and otherwise under section 79.
Increase in rates or amounts of certain pensions or allowances under the Contributions and Benefits Act
4
1
The sums specified in paragraphs (2), (3) and (4) below shall be increased from and including the respective dates specified in article 6 below.
2
The sums falling to be calculated under paragraph 13(4) of Schedule 7 to the Contributions and Benefits Act (calculation of weekly rate of a beneficiary’s retirement allowance) shall be increased by 3.9 per cent. of their amount apart from this Order.
3
In section 44(4) of the Contributions and Benefits Act (basic pension in a Category A retirement pension) —
a
for the sum of £56.45 there shall be substituted the sum of £58.65; and
b
for the sum of £58.85 there shall be substituted the sum of £61.15.
4
It is hereby directed that the sums which are —
a
the additional pensions in long-term benefits calculated by reference to any final relevant year earlier than the tax year 1995/96;
b
the increases in the rates of retirement pensions under Schedule 5 to the Contributions and Benefits Act (increase of pension where entitlement is deferred); and
c
payable to a pensioner as part of his Category A or Category B retirement pension by virtue of an order made under section 126A of the Social Security Act 1975 or section 63 of the Social Security Act 1986 ,
shall in each case be increased by 3.9 per cent. of their amount apart from this Order.
Increase in rates or amounts of certain benefits under the Pension Schemes Act
5
1
The sums specified in paragraph (2) below shall be increased from and including the respective dates specified in article 6 below.
2
Sums which are payable by virtue of section 15(1) of the Pension Schemes Act (which provides for increases in a person’s guaranteed minimum pension if payment of his occupational pension is postponed after he attains pensionable age) to a person who is also entitled to a Category A or Category B retirement pension (including sums payable by virtue of section 17(2) and (3)), shall be increased by —
a
3.9 per cent. of their amount apart from this Order where the increase under section 15(1) is attributable to earnings factors for the tax year 1987 — 88 and earlier tax years , and
b
0.9 per cent. of their amount apart from this Order where the increase under section 15(1) is attributable to earnings factors for the tax year 1988 — 89 and subsequent tax years .
Dates on which sums specified for rates or amounts of benefit under the Contributions and Benefits Act or the Pension Schemes Act are increased by this Order
6
1
Paragraphs (2) to (9) of this article, which are subject to the provisions of paragraph (10) below, specify the date on which the increases made by this Order in the sums specified for rates or amounts of benefit under the Contributions and Benefits Act or the Pension Schemes Act shall take effect for each case.
2
Subject to paragraph (3) below, the increases in the sums specified in articles 3, 4 and 11 for the rates of Category A or Category B retirement pension and graduated retirement benefit together with, where appropriate, increases for dependants, shall take effect on 8th April 1996.
3
In the case of a person over pensionable age whose entitlement to a Category A retirement pension is deferred and for whom the rate of unemployment benefit or short-term incapacity benefit falls to be calculated in accordance with sections 25(5) or 30B(3) of the Contributions and Benefits Act, the increases in the sums mentioned in articles 3, 4 and 11 for Category A and Category B retirement pension and graduated retirement benefit (together with, where appropriate, increases for dependants) shall take effect on 11th April 1996.
4
The increases in the sums mentioned in articles 4(4)(c) and 5(2) shall take effect on 8th April 1996.
5
The increases in the sums specified for the rate of maternity allowance, widowed mother’s allowance, widow’s pension, Category C and Category D retirement pension, child’s special allowance , attendance allowance, invalid care allowance (except in a case where the Secretary of State has made arrangements for it to be paid on a Wednesday), together with, in each case where appropriate, increases for dependants, and guardian’s allowance shall in all cases take effect on 8th April 1996.
6
The increases in the sums specified for the rate of invalid care allowance (in a case where the Secretary of State has made arrangements for it to be paid on a Wednesday) together with, where appropriate, increases for dependants, disablement benefit together with increases of disablement pension, maximum disablement gratuity under paragraph 9(2) of Schedule 7 to the Contributions and Benefits Act, industrial death benefit by way of widow’s and widower’s pension and allowance in respect of children together with, where appropriate, increases for dependants, and the maximum of the aggregate of weekly benefit payable for successive accidents, under section 107(1) of the Contributions and Benefits Act, shall in all cases take effect on 10th April 1996.
7
In any case where a person’s weekly rate of Category A or Category B retirement pension falls to be increased under the provisions of section 47(1) or 50(2) of the Contributions and Benefits Act by reference to the weekly rate of invalidity allowance or age addition to long term incapacity benefit to which he was previously entitled the increase in such sum shall take effect on 8th April 1996.
8
The increases in the sums specified for the rate of unemployment benefit, incapacity benefit and severe disablement allowance (together with, where appropriate, increases for dependants) shall take effect in all cases on 11th April 1996.
9
The increase in the sums falling to be calculated in accordance with paragraph 13(4) of Schedule 7 to the Contributions and Benefits Act (retirement allowance) shall take effect on 10th April 1996.
10
In the case of a person who is subject to the provisions of regulations made under section 73(1)(b) of the Administration Act (adjustment of benefit for persons undergoing medical or other treatment as an in-patient in a hospital) the increase in the sum mentioned in article 4(3)(b) of this Order shall take effect in that case on the day on which the increase in the benefit payable to him apart from those Regulations takes effect.
Increase in rates of certain workmen’s compensation and industrial diseases benefits in respect of employment before 5th July 1948
7
In Schedule 8 to the Contributions and Benefits Act the sum of £35.25 referred to in paragraph 2(6)(c) (maximum weekly rate of lesser incapacity allowance supplementing workmen’s compensation) and paragraph 6(2)(b) (industrial diseases benefit schemes: weekly rate of allowance payable where disablement is not total) shall be increased; and from and including 10th April 1996 for that sum in paragraph 2(6)(c), and from and including 11th April 1996 for that sum in paragraph 6(2)(b), there shall be substituted the sum of £36.60.
Earnings Limits
8
In section 80(4) of the Contributions and Benefits Act (earnings limits in respect of child dependency increases) the sum specified in paragraph (a) is £130 and the sums specified in paragraph (b) are £17 and £130 respectively.
Statutory Sick Pay
9
In section 157(1) of the Contributions and Benefits Act (rate of payment of statutory sick pay) the sum specified is £54.55.
Statutory Maternity Pay
10
In regulation 6 of the Statutory Maternity Pay (General) Regulations 1986 (lower rate of statutory maternity pay) the sum specified is £54.55.
Increase in rate of graduated retirement benefit
11
1
In the National Insurance Act 1965 the sum of 7.64 pence referred to in section 36(1) (graduated retirement benefit) shall be increased by 3.9 per cent.; and from and including 8th April 1996 the reference in that provision to that sum shall have effect as a reference to 7.94 pence.
2
The sums which are the increases of graduated retirement benefit under Schedule 2 to the Social Security (Graduated Retirement Benefit) ( No. 2) Regulations 1978 (increases for deferred retirement) shall be increased by 3.9 per cent. of their amount apart from this Order.
3
The sums which are the additions under section 37(1) of the National Insurance Act 1965 (additions for widows and widowers) shall be increased by 3.9 per cent. of their amount apart from this Order.
Increase in rates of Disability Living Allowance
12
In regulation 4 of the Social Security (Disability Living Allowance) Regulations 1991 (rate of benefit) —
a
in sub-paragraph (a) of paragraph (1), for the sum of £46.70 there shall be substituted the sum of £48.50;
b
in sub-paragraph (b) of paragraph (1), for the sum of £31.20 there shall be substituted the sum of £32.40;
c
in sub-paragraph (c) of paragraph (1), for the sum of £12.40 there shall be substituted the sum of £12.90;
d
in sub-paragraph (a) of paragraph (2), for the sum of £32.65 there shall be substituted the sum of £33.90; and
e
in sub-paragraph (b) of paragraph (2), for the sum of £12.40 there shall be substituted the sum of £12.90.
Sum specified for child benefit
13
In regulation 2 of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976 (weekly rates of child benefit) —
a
in sub-paragraph (a) of paragraph (1), for the sum of £10.40 there shall be substituted the sum of £10.80;
b
in sub-paragraph (b) of paragraph (1), for the sum of £8.45 there shall be substituted the sum of £8.80; and
c
in paragraph (2), the sum specified is £6.30.
Increase in rates of age addition to long-term incapacity benefit
14
In the Social Security (Incapacity Benefit) Regulations 1994 , in paragraph (2) of regulation 10 —
a
in sub-paragraph (a), for the sum of £12.40 there shall be substituted the sum of £12.90; and
b
in sub-paragraph (b), for the sum of £6.20 there shall be substituted the sum of £6.45.
Increase in rates of transitional invalidity allowance in long-term incapacity benefit cases
15
In the Social Security (Incapacity Benefit) (Transitional) Regulations 1995 , in paragraph (2) of regulation 18 —
a
in sub-paragraph (a), for the sum of £12.40 there shall be substituted the sum of £12.90;
b
in sub-paragraph (b), for the sum of £7.80 there shall be substituted the sum of £8.10; and
c
in sub-paragraph (c), for the sum of £3.90 there shall be substituted the sum of £4.05.
PART III
FAMILY CREDIT, DISABILITY WORKING ALLOWANCE, INCOME SUPPORT, HOUSING BENEFIT AND COUNCIL TAX BENEFIT
Family Credit
16
In the Family Credit Regulations —
a
in regulation 13(1)(c) , for the sum of £40 there shall be substituted the sum of £60;
b
in regulation 46(4) (determination of appropriate maximum family credit), the capital sum prescribed is £3,000;
c
in regulation 46(4), (5) and (6), the amount specified for the credit in respect of a child or young person is NIL;
d
in regulation 47 (applicable amount), for the sum of £73.00 there shall be substituted the sum of £75.20;
e
in paragraph 19(b) of Schedule 2 (sums to be disregarded in the calculation of income other than earnings), for the sum of £9.20 there shall be substituted the sum of £9.25; and
f
in Schedule 4 (determination of maximum family credit), the sums prescribed shall be increased so as to have effect as set out in Schedule 2 to this Order.
Disability Working Allowance
17
In the Disability Working Allowance Regulations —
a
in regulation 15(1)(c) , for the sum of £40 there shall be substituted the sum of £60;
b
in regulation 51(4) (determination of appropriate maximum disability working allowance), the capital sum prescribed is £3,000;
c
in regulation 51 (4), (5) and (6), the amount specified for the allowance in respect of a child or young person is NIL;
d
in regulation 52(1) (applicable amount) —
i
in sub-paragraph (a), for the sum of £54.75 there shall be substituted the sum of £56.40;
ii
in sub-paragraph (b), for the sum of £73.00 there shall be substituted the sum of £75.20; and
e
in paragraph 19(b) of Schedule 3 (sums to be disregarded in the calculation of income other than earnings), for the sum of £9.20 there shall be substituted the sum of £9.25; and
f
in Schedule 5 (determination of appropriate maximum disability working allowance) the sums prescribed shall be increased so as to have effect as set out in Schedule 3 to this Order.
Applicable amounts for Income Support
18
1
As from 8th April 1996 the sums relevant to the calculation of an applicable amount as specified in the Income Support Regulations shall be the sums set out in the following provisions of this article and the Schedules thereto; and for this purpose references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to the regulations of, or Schedules to, the Income Support Regulations bearing that number.
2
In regulations 17(1)(b), 18(1)(c), 21(1) and 71(1)(a)(ii), (b)(ii) and (iii), (c) (ii) and (d)(i), in paragraph 14(a) of Part III of Schedule 2, and in paragraph 1(2) of Part I of Schedule 4, the sum specified is in each case £3,000.
3
The sums specified in Part I of Schedule 2 (applicable amounts: personal allowances) shall be increased; and those paragraphs in that Part of Schedule 2 where such a sum is specified shall have effect as set out in Schedule 4 to this Order.
4
In paragraph 3 of Part II of Schedule 2 (applicable amounts: family premium) for the sum of £10.25 there shall be substituted the sum of £10.55.
5
The sums specified in Part IV of Schedule 2 (applicable amounts: weekly amounts of premiums) shall be as set out in Schedule 5 to this Order.
6
In paragraph 18(1) of Schedule 3 (housing costs: non-dependant deductions) —
a
in sub-paragraph (a) for the sum of £30.00 there shall be substituted the sum of £32.00; and
b
in sub-paragraph (b) for the sum of £5.00 there shall be substituted the sum of £6.00.
7
In paragraph 18(2) of Schedule 3 (non-dependant deductions) —
a
in sub-paragraph (a) for the sum of £74.00 there shall be substituted the sum of £76.00;
b
in sub-paragraph (b) for the sums £74.00, £111.00 and £10.00 there shall be substituted the sums £76.00, £114.00 and £12.00 respectively; and
c
in sub-paragraph (c) for the sums £111.00, £145.00 and £14.00 there shall be substituted the sums £114.00, £150.00 and £16.00 respectively.
8
In paragraph 6(2) of Schedule 4, for the sum of £227.00 there shall be substituted the sum of £234.00 and those sums relevant to the calculation of an applicable amount which are specified in Schedule 4 (applicable amounts of persons in residential care and nursing homes) shall be increased; and those paragraphs in Schedule 4 where such a sum is specified shall have effect as set out in Part I of Schedule 6 to this Order.
9
Except as provided in paragraphs (2) and (8) of this article, the sums specified in Schedule 4 are those set out in Part II of Schedule 6 to this Order.
10
Those sums relevant to the calculation of an applicable amount which are specified in Schedule 7 (applicable amounts in special cases) shall be increased; and those paragraphs in Schedule 7 where such a sum is specified shall have effect as set out in Part I of Schedule 7 to this Order.
11
Except as provided in paragraph (10) above, the sums specified in Schedule 7 are those set out in Part II of Schedule 7 to this Order.
12
The sums specified in any provision of the Income Support Regulations set out in column (1) of Schedule 8 to this Order are the sums set out in column (2) of that Schedule.
13
In paragraph 19(b) of Schedule 9 (sums to be disregarded in the calculation of income other than earnings), for the sum of £9.20 there shall be substituted the sum of £9.25.
Income Support Transitional Protection
19
Sums which are special transitional additions to income support payable in accordance with regulation 15 of the Income Support (Transitional) Regulations 1987 shall be increased by 3.0 per cent. of their amount apart from this Order.
The Relevant Sum for Income Support
20
In section 126(7) of the Contributions and Benefits Act (trade disputes: the relevant sum) the substituted sum is £26.00.
Applicable amounts for Housing Benefit
21
1
As from a date determined in accordance with article 1 of this Order, the sums relevant to the calculation of an applicable amount as specified in the Housing Benefit Regulations shall be the sums set out in the following provisions of this article and Schedules 9 and 10 to this Order; and for this purpose references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to the regulations of, or Schedules to, the Housing Benefit Regulations bearing that number.
2
In regulations 16(b), 17(c) and paragraph 14(a) of Part III of Schedule 2 (applicable amounts), the sum specified is in each case £3,000.
3
In regulation 18(1) (patients) —
a
in sub-paragraphs (a), (b) and (d)(ii), for the sum of £14.70 there shall be substituted the sum of £15.30 in each case;
b
in sub-paragraphs (c)(i) and (d)(i), for the sum of £11.75 there shall be substituted the sum of £12.25 in each case; and
c
in sub-paragraph (c)(ii), for the sum of £29.40 there shall be substituted the sum of £30.60.
4
In regulation 21(1)(c) , for the sum of £40 there shall be substituted the sum of £60.
5
In regulation 63(1) (non-dependant deductions) —
a
in sub-paragraph (a) for the sum of £30.00 there shall be substituted the sum of £32.00; and
b
in sub-paragraph (b) for the sum of £5.00 there shall be substituted the sum of £6.00.
6
In regulation 63(2) (non-dependant deductions) —
a
in sub-paragraph (a) for the sum of £74.00 there shall be substituted the sum of £76.00; and
b
in sub-paragraph (b) for the sums £74.00, £111.00 and £10.00 there shall be substituted the sums £76.00, £114.00 and £12.00 respectively; and
c
in sub-paragraph (c) for the sums £111.00, £145.00 and £14.00 there shall be substituted the sums £114.00, £150.00 and £16.00 respectively.
7
In paragraph 1A of Part I of Schedule 1 (ineligible service charges), for the sums £16.60, £16.60, £8.40, £11.00, £11.00, £5.55 and £2.00 there shall be substituted the sums £17.10, £17.10, £8.65, £11.35, £11.35, £5.70 and £2.05 respectively.
8
In paragraph 5(2) of Part II of Schedule 1 (payments in respect of fuel charges), the sums specified are £9.25, £1.15, £0.80 and £1.15 respectively.
9
The sums specified in Part I of Schedule 2 (applicable amounts: personal allowances) shall be increased; and that Part of Schedule 2 shall have effect as set out in Schedule 9 to this Order.
10
In paragraph 3 of Part II of Schedule 2 (applicable amounts: family premium) for the sum of £10.25 there shall be substituted the sum of £10.55.
11
The sums specified in Part IV of Schedule 2 (applicable amounts: premiums) shall be as set out in Schedule 10 to this Order.
12
In paragraph 20(b) of Schedule 4 (sums to be disregarded in the calculation of income other than earnings), for the sum of £9.20 there shall be substituted the sum of £9.25.
Applicable amounts for Council Tax Benefit
22
1
As from 1st April 1996 the sums relevant to the calculation of an applicable amount as specified in the Council Tax Benefit Regulations shall be the sums set out in the following provisions of this article and Schedules 11 and 12 to this Order; and for this purpose references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to the regulations of, or Schedules to, the Council Tax Benefit Regulations bearing that number.
2
In regulations 8(b), 9(c) and paragraph 15(a) of Part III of Schedule 1 (applicable amounts), the sum specified is in each case £3,000.
3
In regulation 10(1) (patients) —
a
in sub-paragraphs (a), (b) and (d)(ii), for the sum of £14.70 there shall be substituted the sum of £15.30 in each case;
b
in sub-paragraphs (c)(i), and (d)(i), for the sum of £11.75 there shall be substituted the sum of £12.25 in each case; and
c
in sub-paragraph (c)(ii), for the sum of £29.40 there shall be substituted the sum of £30.60.
4
In regulation 13(1)(c) , for the sum of £40 there shall be substituted the sum of £60.
5
In regulation 52 (non-dependant deductions) —
a
in paragraph (1)(a), for the sum of £2.30 there shall be substituted the sum of £2.60;
b
in paragraph (1)(b), for the sum of £1.15 there shall be substituted the sum of £1.30; and
c
in paragraph (2), for the sum of £111.00 there shall be substituted the sum of £114.00.
6
The sums specified in Part I of Schedule 1 (applicable amounts: personal allowances) shall be increased; and that Part of Schedule 1 shall have effect as set out in Schedule 11 to this Order.
7
In paragraph 3 of Part II of Schedule 1 (applicable amounts: family premium) for the sum of £10.25 there shall be substituted the sum of £10.55.
8
The sums specified in Part IV of Schedule 1 (applicable amounts: premiums) shall be as set out in Schedule 12 to this Order.
9
In column 1 of the Table in paragraph 1 of Schedule 2 (amount of alternative maximum council tax benefit) for the sums £111.00, £111.00 and £145.00, there shall be substituted the sums £114.00, £114.00 and £150.00 respectively .
10
In paragraph 20(b) of Schedule 4 (sums to be disregarded in the calculation of income other than earnings), for the sum of £9.20 there shall be substituted the sum of £9.25.
PART IV
TRANSITIONAL PROVISIONS AND REVOCATIONS
Transitional Provisions
23
Notwithstanding the increases of the sums payable in respect of family credit and disability working allowance made by articles 16 and 17 of this Order, where a period of entitlement to family credit or disability working allowance is running at 9th April 1996, the rate at which it is payable shall be the weekly rate in force for the period prior to 9th April 1996 until the end of the period of entitlement.
Revocations
24
The Social Security Benefits Up-rating Order 1995 is hereby revoked.
Signed by authority of the Secretary of State for Social Security.
Alistair Burt
Minister of State,
Department of Social Security
29th February 1996
We consent,
Simon Burns
Michael Bates
Two of the Lords Commissioners of Her Majesty’s Treasury
6th March 1996


text:
1
This Order may be cited as the A501 Trunk Road (Euston Road/Gower Street, Camden) (Temporary Prohibition of Traffic) Order 1996 and shall come into force on the 9th May 1996.
2
This Order is made because the Traffic Director for London is satisfied that traffic in Euston Road, Camden should be restricted because works are being or are proposed to be executed on or near that road.
3
During the period starting at 17.00 hours on 9th May 1996 and ending when those works have been completed or at 10.00 hours on 11th May 1996, whichever is the earlier, subject to the provisions of article 4 below, no person shall cause or permit any vehicle to exit Euston Road at its north-eastern most junction with Gower Street.
4
1
The provisions of article 3 above shall apply only during such times and to such extent as may from time to time be indicated by traffic signs.
2
The provisions specified in article 3 above shall not apply in respect of —
i
any vehicle being used for the purpose of those works, or for fire brigade, ambulance or police purpose, or
ii
anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
5
During the period specified in article 3 above, the provisions of the Camden (Waiting and Loading Restriction) (Special Parking Area) Order 1993 and the Camden (Waiting and Loading Restriction) ( No. 2) Order 1993 are hereby suspended so far as they relate to any roads or lengths of road specified in this Order.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
3rd May 1996


text:
Citation and commencement
1
This Order may be cited as the London Cab Order 1996 and shall come into force on 22nd April 1996.
Interpretation
2
In this Order —
“the 1934 Order ” means the London Cab Order 1934 ;
“authorised examiner” has the meaning given by section 45 of the Road Traffic Act 1988 ; and
“registered” means registered under the Vehicles Excise and Registration Act 1994 .
Presentation of motor cabs for licensing
3
1
This article applies where —
a
an application has been made for a cab licence in respect of a motor cab registered on or after 1st August 1979 and propelled by a diesel engine, and
b
the applicant is required by paragraph 10(1) of the 1934 Order to bring or send the cab to a place for examination by a Public Carriage Examiner.
2
In such a case, at the time of the examination of the motor cab by the Public Carriage Examiner, there shall be handed to him not only the application form in respect of the cab as required by paragraph 10(2) of the 1934 Order but also a certificate which satisfies the requirements of paragraph (3) below.
3
The requirements of this paragraph, in relation to a certificate, are that —
a
the certificate must relate to the cab and be in the form shown in the Schedule to this Order;
b
the certificate must have been signed on, or during the 28 day period ending immediately before, the day on which the certificate is handed to the Public Carriage Examiner;
c
the person who signed the certificate must at the time he signed it have been either —
i
an authorised examiner who is authorised by the Secretary of State to carry out examinations for the purposes of section 45 of the Road Traffic Act 1988 on Class IV vehicles (within the meaning of the Motor Vehicles (Tests) Regulations 1981 ), or
ii
a person authorised by such an authorised examiner to carry out such an examination on his behalf;
d
the signature must be accompanied by an embossment by a stamp of the authorised examiner by or on whose behalf the certificate was signed; and
e
the statement made in paragraph 2 of the certificate must have been true at the time the certificate was signed.
4
If during the course of the examination the Public Carriage Examiner has reasonable grounds for suspecting that the motor cab does not comply with regulation 61 of the Road Vehicles (Construction and Use) Regulations 1986 he may direct that, within such period as he may specify —
a
the motor cab is to be presented again at the place at which the examination was carried out; and
b
at the time the motor cab is so presented, there is to be handed to a Public Carriage Examiner a certificate which satisfies the requirements of paragraph (3) above and which is signed after the direction is given.
5
Nothing in this article shall be construed as requiring —
a
a certificate to be issued under paragraph 12 of the 1934 Order in any circumstances where the issue of such a certificate could otherwise have been refused; or
b
a cab licence to be granted in any circumstance where such a licence could otherwise have been refused.
Signed by authority of the Secretary of State for Transport
Steven Norris,
Parliamentary Under Secretary of State,
Department of Transport
26th March 1996


text:
Citation, commencement and interpretation
1
1
These Rules may be cited as the Rules of Procedure (Army) (Amendment) Rules 1996 and shall come into force on 1st July 1996.
2
In these Rules “the principal Rules ” means the Rules of Procedure (Army) 1972 .
Amendment of the principal Rules
2
The principal Rules shall be amended in accordance with the Schedule to these Rules.
Nicholas Soames
Minister of State for the Armed Forces
24th May 1996


text:
Commencement and citation
1
This Order may be cited as The A20 Trunk Road (Greenwich) Red Route Traffic Order 1996, and shall come into force on 1st November 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” 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 paragraphs (2) and (3) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop in the trunk road red route during the restricted hours.
2
Subject to the provisions of paragraph (3) of this article, and of articles 5(1), 8 and 9, no person shall cause any vehicle to stop at any time in any lengths of the trunk road red route specified in schedule 4.
3
The controls specified in paragraphs (1) and (2) of this article do not apply in respect of any area of the trunk road red route specified in schedule 2A.
4
In this article “the restricted hours” means, in relation to a length of the trunk road red route specified in an item in column (2) of the table in schedule 1, the hours specified in that item in column (3) of that table.
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 2B 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
Licensed taxi cabs: The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to be parked at the edge of the carriageway on a length of road specified in schedule 2D.
2
Coaches: The controls specified in article 3(1) do not apply in respect of a person causing a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver) or a local bus (as defined in article 8(4)) not so constructed or adapted, 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 2E 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.
3
Doctors' vehicles: 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 2F during the hours specified in column (3) in that item, provided that–
a
there is displayed in the windscreen of the vehicle a badge issued by, or with the authority of, the Traffic Director for London to a medical practitioner, and which specifies–
i
the name of the person to whom it was issued, and
ii
the premises in relation to which it applies; and
b
the vehicle was parked by, or with the permission of, the person whose name is specified on the badge and for so long only as the person who parked the vehicle is engaged in work at the premises specified on the badge.
4
Solo motor bicycles: The controls specified in article 3(1) do not apply in respect of a person causing a motor bicycle without a side-car 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 2G during the hours specified in column (3) in that item.
Exemptions for loading and unloading
6
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which is being loaded or unloaded to stop at the edge of the carriageway on a length of road specified in an item in column (2) of the tables in schedules 3A and 3B during the hours specified in column (3) in that item for as long as is needed to load or unload the vehicle or 20 minutes, whichever is the less, provided that not less than 20 minutes has elapsed since the vehicle was last parked on any part of the same length of road.
Exemptions for disabled persons
7
1
The controls specified in article 3(1) do not apply in respect of a person causing a 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 2B during the hours specified in column (3) in that item.
2
The controls specified in article 3(1) do not apply in respect of a person causing a 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 2C during the hours specified in column (3) in that item.
3
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which displays a disabled person’s badge in the relevant position, and a parking disc on which is shown the time at which the period of parking began, 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, for a period of up to 3 hours not being a period separated by an interval of less than 1 hour from a previous period when that vehicle was parked in that length of road.
Exemptions at bus stops and stands
8
1
The controls specified in article 3(1) and (2) 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) and (2) 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 1st 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 31st 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) and (2) 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) and (2) 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) and (2) 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 Greenwich (Waiting and Loading Restriction) Order 1994 is hereby revoked, in so far as its provisions relate to any part of the trunk road red route.
2
The A20 Trunk Road (Greenwich) Red Route Experimental Traffic Order 1995 is hereby revoked.
3
Item (1) of Schedule 2 in The A20 Trunk Road (Greenwich) Red Route (Clearway) Traffic Order 1995 is hereby revoked.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
28th October 1996


text:
1
This Order may be cited as The Berkshire College of Art and Design, Maidenhead (Dissolution) Order 1996 and shall come into force on 6th January 1997.
2
On 6th January 1997 the Transferor shall be dissolved and all of its property, rights and liabilities shall be transferred to the Transferee, being a body corporate established for purposes which include the provision of educational facilities or services.
3
Section 26(2), (3) and (4) of the Act shall apply to any person employed by the Transferor before 6th January 1997 as if the references in that section —
a
to a person to whom that section applies were to a person so employed;
b
to the operative date were to 6th January 1997;
c
to the transferor were to the Transferor within the meaning of this Order; and
d
to the corporation were to the Transferee.
James Paice
Parliamentary Under-Secretary of State,
Department for Education and Employment
10th December 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Lincoln Hospitals National Health Service Trust (Change of Name) Order 1996 and shall come into force on 1st April 1996.
2
In this Order unless the context otherwise requires —
“ the Order ” means the Lincoln Hospitals National Health Service Trust (Establishment) Order 1993 ;
“ the trust ” means the National Health Service trust established by the Order.
Change of name of NHS trust
2
The trust shall be called the Lincoln and Louth National Health Service Trust instead of the Lincoln Hospitals National Health Service Trust, and accordingly in article 1 of the Order in the definition of “the trust”, and in article 2 of the Order, for the words “Lincoln Hospitals”there shall be substituted the words “Lincoln and Louth”.
Transitional provisions
3
The change of name under this Order shall not —
a
affect any right or obligation of any person; or
b
be taken as invalidating any instrument (whether made before, on or after the day on which this Order comes into force) which refers to the trust by its previous name;
and all other documents and instruments which refer to the trust under its previous name shall be construed as referring to it under its new name.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State
Department of Health
18th March 1996


text:
Title and commencement
1
This Order may be cited as the Importation of Animals (Amendment) Order 1996 and shall come into force on 29th July 1996.
Amendment
2
In the definition of “animals” in article 2(1) of the Importation of Animals Order 1977 , for the words “ruminating animals and swine”, there shall be substituted the words “ruminating animals, swine and elephants”.
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
8th July 1996
Lindsay
Parliamentary Under-Secretary of State, Scottish Office
4th July 1996
Signed by authority of the Secretary of State for Wales
Jonathan Evans
Parliamentary Under-Secretary of State, Welsh Office
4th July 1996


text:
Citation and commencement
1
— This Order shall come into force on 4th April 1996 and may be cited as the Elsecar Steam Railway Order 1996.
Interpretation
2
1
In this Order, unless the context otherwise requires —
“authorised works” means the railway and any other works authorised by this Order;
“ the Council ” means Barnsley Metropolitan Borough Council;
“the deposited plans” means the plans described in rule 7(1)(a) and 7(3) of the Applications Rules deposited in respect of the application for this Order with the Secretary of State for Transport, Great Minster House, 76 Marsham Street, London SW1P 4DR and at the offices of the Council at the Town Hall, Barnsley, South Yorkshire, S70 2TA, and marked as those plans by the Department of Transport and references to land shown on those plans are references to land so shown in pursuance of those Rules;
“the deposited sections” means the sections described in rule 7(2) of the Applications Rules deposited in respect of the application for this Order with the deposited plans, and marked as those sections by the Department of Transport;
“highway” and “highway authority” have the same meaning as in the Highways Act 1980 ;
“the limits of deviation” means the lines marked “Limits of deviation” shown on the deposited plans;
“maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace and “maintenance” shall be construed accordingly;
“the railway” means the railway authorised to be constructed and maintained by the Council by article 5 (Power to construct and maintain works) below;
“ the Regulations ” means the Traffic Signs Regulations and General Directions 1994 ;
“street” includes part of a street;
“street authority”, in relation to a street, has the same meaning as in Part III of the New Roads and Street Works Act 1991 .
2
References in this Order to rights over land include references to rights to do, or to place and maintain, anything in, on or under land or in the air-space over its surface.
3
In this Order, all distances, lengths, measurements, directions and durations stated in any description of works, equipment, powers or lands shall be construed as if the words “or thereabouts” were inserted after each such distance, length, measurement, direction and duration and the distances between points on the railway shall be taken to be measured along the railway.
Incorporation of Railways Clauses Acts
3
1
The following provisions of the Railways Clauses Consolidation Act 1845 shall be incorporated in this Order: —
section 46 (crossing of roads — level crossings);
section 58 (company to repair roads used by them), except for the words from “and if any question” to the end;
section 61 (company to make sufficient approaches and fences to highways crossing on the level);
section 68 (accommodation works by company);
section 105 (carriage of dangerous goods on railway);
section 145 (recovery of penalties); and
section 154 (transient offenders).
2
Section 5 of the Railways Clauses Act 1863 shall be incorporated in this Order.
3
In the above provisions, as incorporated in this Order —
“the company” means the Council;
“goods” includes any thing conveyed on the railway authorised to be constructed by this Order;
“lease” includes an agreement for a lease;
“prescribed”, in relation to any such provision, means prescribed by this Order for the purposes of that provision;
“the railway” means any railway authorised to be constructed by this Order and, except where the context otherwise requires, any other authorised works;
“the special Act ” means this Order;
“toll” includes any rate or charge or other payment payable under this Order or any other enactment for any passenger or goods conveyed on the railway.
4
In section 46 of the Railways Clauses Consolidation Act 1845, as incorporated in this Order, for the proviso there shall be substituted the words “Provided always that, with the consent of the highway authority and subject to such conditions as the authority may reasonably impose, the railway may be carried across a highway on the level”.
Transfer of statutory obligations from Board to Council
4
On the coming into force of this Order all such statutory obligations as are borne by the British Railways Board (hereinafter referred to as “the Board”) immediately before that day with respect to the railway shall be transferred to and vest in the Council and thereafter the Council shall to the exclusion of the Board be subject to all such statutory obligations then in force to the intent that the Board shall be released from them.
Power to construct and maintain works
5
1
Subject to the provisions of this Order, the Council may construct and maintain the railway in the line and according to the levels and within the limits of deviation shown on the deposited plans and the deposited sections and with all proper rails, plates, sidings, junctions, bridges, culverts, drains, approaches, roads, yards, buildings and other works and conveniences connected therewith including station premises, workshops and facilities.
2
The railway is a passenger and goods carrying railway in the Metropolitan Borough of Barnsley 2.8 kilometres in length commencing at a point 172 metres south of the Rockingham Station level crossing at Distillery Side and terminating at a point 605 metres east of the Smithy Bridge Lane level crossing forming part of the railway authorised by the South Yorkshire, Doncaster and Goole Railway Act, 1847 .
3
Subject to paragraph (5) below, the Council may carry out and maintain such of the following works as may be necessary or expedient for the purposes of, in connection with or in consequence of, the construction of the railway, namely —
a
works to alter the position of apparatus, including mains, sewers, drains and cables,
b
landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the railway, and
c
works for the benefit or protection of premises affected by the railway.
4
Subject to paragraph (5) below, the Council may carry out such other works (of whatever nature) as may be necessary or expedient for the purposes of, in connection with or in consequence of, the construction of the railway.
5
Paragraphs (3) and (4) above shall not authorise the carrying out or maintenance of works to alter the course of or otherwise interfere with, navigable rivers or watercourses.
Power to deviate
6
In constructing or maintaining the railway or any part thereof, the Council may —
a
deviate laterally from the lines or situations shown on the deposited plans to the extent of the limits of deviation shown on those plans, and
b
deviate vertically from the levels shown on the deposited sections —
i
to any extent not exceeding 5 metres upwards, or
ii
to any extent downwards that may be found necessary or convenient.
Power to execute street works
7
1
The Council may, for the purposes of the authorised works, enter upon so much of any of the streets specified in Schedule 1 to this Order as is within the limits of deviation for the railway shown on the deposited plans and may —
a
place apparatus in the street,
b
maintain apparatus in the street or change its position, and
c
execute any works required for or incidental to any works referred to in sub-paragraphs (a) and (b) above (including, in particular, breaking up or opening the street, or any sewer, drain or tunnel under it, or tunnelling or boring under the street).
2
In this article “apparatus” has the same meaning as in Part III of the New Roads and Street Works Act 1991.
Temporary stopping up of streets
8
1
The Council, during and for the purposes of the execution of the authorised works, may temporarily stop up, alter or divert any street and may for any reasonable time —
a
divert the traffic from the street, and
b
subject to paragraph (2) below, prevent all persons from passing along the street.
2
The Council shall provide reasonable access for pedestrians going to or from premises abutting on a street affected by the exercise of the powers conferred by this article if there would otherwise be no such access.
3
The Council shall not exercise the powers of this article —
a
in relation to any street specified in columns (1) and (2) of Schedule 1 to this Order without first consulting the street authority, and
b
in relation to any other street without the consent of the street authority, but such consent shall not be unreasonably withheld.
4
The provisions of the New Roads and Street Works Act 1991 mentioned in paragraph (5) below and any regulations made, or code of practice issued or approved, under those provisions shall apply (with the necessary modifications) in relation to the stopping up, alteration or diversion of a street by the Council under the powers conferred by this article where no street works are executed in that street as they would apply if the stopping up, alteration or diversion were occasioned by street works executed in that street by the Council.
5
The provisions of the New Roads and Street Works Act 1991 referred to in paragraph (4) above are —
section 54 (advance notice of certain works);
section 55 (notice of starting date of works);
section 59 (general duty of street authority to co-ordinate works);
section 60 (general duty of undertakers to co-operate);
section 69 (works likely to affect other apparatus in the street);
section 76 (liability for cost of temporary traffic regulation);
section 77 (liability for cost of use of alternative route); and
all such other provisions as apply for the purposes of the provisions mentioned above.
Access to works
9
The Council may, for the purposes of the authorised works, form and lay out means of access or improve existing means of access in the location or locations within the limits of deviation for those works that are shown on the deposited plans.
Construction of bridges and tunnels
10
Any bridge or tunnel to be constructed under this Order for carrying a highway over or under the railway shall be constructed in accordance with plans and specifications approved by the highway authority, but such approval shall not be unreasonably withheld.
Level crossings
11
The Council may in the construction of the railway and within the limits of deviation shown on the deposited plans carry the railway with a single line across and on the level of the roads and the foot crossing described in Schedule 2 to this Order.
As to Distillery Side Crossing
12
1
The Council shall provide at Distillery Side Crossing, and shall operate and maintain, the protective equipment which is specified in Part I of Schedule 3 to this Order.
2
The Council shall cause to be observed the conditions and requirements with regard to the crossing mentioned in paragraph (1) of this article which are specified in Part II of Schedule 3 to this Order.
As to Distillery Side Cottages foot crossing
13
With regard to the foot crossing from Distillery Side Cottages to the area adjacent to the canal basin of the Sheffield and South Yorkshire Navigation, the Council shall provide and maintain at that crossing —
a
signs bearing the words “STOP, LOOK AND LISTEN” on each side of the railway facing persons approaching the crossing;
b
self-closing gates on each side of the railway at the said crossing and those gates shall open outwards away from the railway and shall not be latched or bolted shut.
As to Tingle Bridge Lane and Smithy Bridge Lane Crossings
14
The Council shall, subject to such requirements as the Secretary of State may from time to time lay down, provide, maintain and operate at or near the level crossings of the roads Tingle Bridge Lane and Smithy Bridge Lane described in Schedule 2 to this Order such barriers, lights, traffic signs and automatic or other devices and appliances as may be required in writing by the Secretary of State.
Power to operate and use railway
15
The Council may operate and use the railway and other authorised works as a system, or part of a system, of transport for the carriage of passengers and goods.
Maintenance of approved works, etc.
16
1
Where pursuant to the Railways and other Transport Systems (Approval of Works, Plant and Equipment) Regulations 1994 approval has been obtained from the Secretary of State with respect to any works, plant or equipment (including vehicles) forming part of the railway authorised by this Order, such works, plant and equipment shall not be used in a state or condition other than that in which they were at the time that the approval was given unless any change thereto does not materially impair the safe operation of the railway so authorised.
2
If without reasonable cause the provisions of paragraph (1) above are contravened, the Council shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
3
No proceedings shall be instituted in England and Wales in respect of an offence under this article except by or with the consent of the Secretary of State or the Director of Public Prosecutions.
Certification of plans, etc.
17
The Council shall, as soon as practicable after the making of this Order, submit copies of the deposited plans and the deposited sections to the Secretary of State for certification that they are true copies of, respectively, the deposited plans and the deposited sections, and a document so certified shall be admissible in any proceedings as evidence of its contents.
Power to transfer or lease railway
18
1
The Council may, with the consent in writing of the Secretary of State —
a
transfer to another person (“the transferee”) the right to operate the railway (or any part of it) and such related rights as may be agreed between the Council and the transferee, or
b
grant to another person (“the lessee”) for a period agreed between the Council and the lessee the right to operate the railway (or any part of it) and such related statutory rights as may be so agreed.
2
The terms of any agreement made by virtue of paragraph (1) above shall be subject to the approval of the Secretary of State.
3
Where an agreement is made by virtue of paragraph (1) above references in this Order to the Council shall, if and to the extent that the agreement so provides, have effect as references to the transferee or the lessee, as the case may be.
Arbitration
19
Any difference under any provision of this Order shall be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after notice in writing to the other) by the President for the time being of the Institution of Civil Engineers.
Signed by authority of the Secretary of State for Transport
R. A. Allan
An Under Secretary,
Department of Transport
28th March 1996


text:
Commencement and citation
1
This Order may be cited as The A501 Trunk Road (Euston Road, Camden) Red Route (Prescribed Routes) Experimental Traffic Order 1996, and shall come into force on 8th July 1996.
Interpretation
2
In this Order —
a
a reference to an article followed by a number is a reference to the article of this Order so numbered;
b
causing includes permitting;
c
“the eastern island” means the easternmost pedestrian refuge situated in the mouth of Midland Road at its junction with the A501 Euston Road;
d
“the western island” means the westernmost pedestrian refuge situated in the mouth of Midland Road at its junction with the A501 Euston Road;
Prescribed Routes
3
1
Subject to the provisions of article 4, no person shall cause any vehicle on entering the A501 Euston Road from Midland Road, Camden, on the eastern side of the eastern island, to proceed in any direction other than south into Judd Street.
2
Subject to the provisions of article 4, no person shall cause any vehicle on entering the A501 Euston Road from Midland Road, Camden, between the eastern island and the western island, to proceed in any direction other than to the right and westbound into the A501 Euston Road.
Exemptions
4
The controls specified in article 3(1) and (2) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Power to modify or suspend this Order
5
If it appears to the Traffic Director for London, or some person authorised by him, essential in the interests of the expeditious, convenient and safe movement of traffic, or for preserving or improving the amenities of the area through which any road affected by this Order runs, and after consulting with the Commissioner of Police of the Metropolis, he may modify or suspend any provision of this Order, save that no modification shall make an addition.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London, TRO 149
21st June 1996


text:
Citation and commencement
1
This Order may be cited as the Local Government Changes for England (Sheriffs) Order 1996 and shall come into force on 1st April 1997.
Sheriffs
2
1
In the Sheriffs Act 1887 , in Schedule 2A (meaning of “county”) —
a
in the entry relating to Durham, in column (2) of the Table, after “Durham”there shall be inserted “, Darlington” ; and
b
the following entries shall be inserted at the appropriate place in the Table in alphabetical order —
Bedfordshire Bedfordshire and Luton
;
Buckinghamshire Buckinghamshire and Milton Keynes
;
Derbyshire Derbyshire and Derby
;
Dorset Dorset, Bournemouth and Poole
;
East Sussex East Sussex and Brighton and Hove
; ;
Hampshire Hampshire, Portsmouth and Southampton
;
Leicestershire Leicestershire and Leicester
;
Staffordshire Staffordshire and Stoke-on-Trent
; and
Wiltshire Wiltshire and Thamesdown
.
2
Section 4 of the Sheriffs Act 1887 (qualifications of sheriffs) shall not apply in relation to any appointment to the office of high sheriff of the county of Rutland of the person who is (for the time being) high sheriff of the county of Leicestershire.
Signed by authority of the Secretary of State for the Environment
Paul Beresford
Parliamentary Under Secretary of State,
Department of the Environment
31st July 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the National Blood Authority (Transfer of Trust Property) (No. 2) Order 1996 and shall come into force on 9th February 1996.
2
In this Order —
“the first Authority” means the Anglia and Oxford Regional Health Authority;
“the second Authority” means the National Blood Authority;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the first Authority and the second Authority on 24th February 1995, which schedule has been signed on behalf of both the first Authority and the second Authority.
Transfer of trust property
2
On 9th February 1996 the trust property shall be transferred from the first Authority to the second Authority.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State,
Department of Health
10th January 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the New Town (Cumbernauld) (Transfer of Property, Rights and Liabilities) Order 1996 and shall come into force on 31st March 1996.
2
In this Order —
“the council” means Cumbernauld and Kilsyth District Council being a council constituted in accordance with Part I of the Local Government (Scotland) Act 1973 ;
“the development corporation” means the Cumbernauld Development Corporation established by the New Town (Cumbernauld) (Development Corporation) Order 1956 ;
“recorded GRS (Dumbarton)” means recorded in the Division of the General Register of Sasines for the County of Dumbarton.
3
A reference in Part 1 of the Schedule to this Order to a “plan” followed by a number is a reference to the plan of that number annexed to the Schedule to this Order.
Transfer of property, rights and liabilities to the council
2
Subject to the provisions of this Order —
a
the heritable property specified in the Schedule to this Order, insofar as owned by the development corporation immediately before the day on which this Order comes into force; and
b
the development corporation’s interest immediately before the day on which this Order comes into force in the standard securities, minutes of agreement and other contracts and agreements specified in the Schedule to this Order,
shall, together with the development corporation’s rights, liabilities and obligations pertaining thereto, transfer to and vest in the council on 31st March 1996.
Incidental and supplementary provisions
3
Anything done before 31st March 1996 by, or on behalf of, or in relation to, the development corporation for the purposes of or in connection with the property, rights and liabilities transferred by article 2 of this Order shall, on and after 31st March 1996 be treated as having been done by, or on behalf of, or in relation to, the council; and, accordingly, without prejudice to that generality, on and after 31st March 1996 —
a
any legal proceedings by, or in relation to, the development corporation, or to which the development corporation is a party, for the purposes of, or in connection with, the said property, rights and liabilities may be continued by, or in relation to, the council; and, accordingly, references to the development corporation in any process or other document issued, prepared or employed for the purposes of any such proceedings before any court, tribunal or other body shall be taken as referring to the council;
b
every contract or agreement, whether written or not, to which the development corporation is a party for the purposes of, or in connection with, the said property, rights and liabilities shall have effect in relation to such property, rights and liabilities as if the council was the party thereto in place of the development corporation and as if for each reference therein to the development corporation there was substituted a reference to the council; and
c
every deed, bond, instrument and document relating to the said property, rights and liabilities shall have effect in relation to such property, rights and liabilities in respect of any time falling after the date of transfer, as if, where the development corporation is a party thereto, the council was substituted as that party and as if for each reference therein to the development corporation there were substituted a reference to the council.
4
For all purposes connected with, or arising subsequent to, the transfer to the council of the property, rights or liabilities transferred by article 2 of this Order, the council is to be treated in respect of the property, rights and liabilities so transferred as the same person in law as the development corporation.
5
Nothing in this Order shall have the effect of completing the title of the council to any land transferred by article 2 of this Order, but this is without prejudice to the provisions of section 36D(4) of the New Towns (Scotland) Act 1968.
George Kynoch
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
28th February 1996


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (General Ophthalmic Services) Amendment (No. 2) Regulations 1996 and shall come into force on 7th October 1996.
2
In these Regulations, “the principal Regulations”means the National Health Service (General Ophthalmic Services) Regulations 1986 .
Amendment of regulation 2 of the principal Regulations
2
In regulation 2(1) of the principal Regulations (interpretation), after the definition of “general ophthalmic services” insert —
“an income-based jobseeker’s allowance”has the meaning given to it by section 1(4) of the Jobseekers Act 1995;
.
Amendment of regulation 13 of the principal Regulations
3
1
Regulation 13 of the principal Regulations (sight tests-eligibility) is amended as follows.
2
In paragraph (2) —
a
in sub-paragraph (g), omit the words from “and his”to the end; and
b
after sub-paragraph (h), add —
i
he is in receipt of an income-based jobseeker’s allowance; or
j
he is a member of the same family as a person described in sub-paragraph (i) of this paragraph.
.
3
In paragraph (3), after sub-paragraph (c), add —
and has the meaning given to it by section 35 of the Jobseekers Act 1995 in the case of paragraph (2)(j).
.
Gerald Malone
For the Secretary of State for Health
7th September 1996


text:
1
This Order may be cited as the Superannuation (Admission to Schedule 1 of the Superannuation Act 1972) Order 1996 and shall come into force on 27th March 1996.
2
The office of the Chairman of the Criminal Injuries Compensation Board is hereby added to the offices listed in Schedule 1 to the Superannuation Act 1972 with effect from 1st March 1989.
D. L. Willetts
Parliamentary Secretary, Office of Public Service for the Minister for the Civil Service
6th March 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Glan Hafren National Health Service Trust (Establishment) Order 1996 and shall come into force on 1st April 1996.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Glan Hafren National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Glan Hafren National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services provided at Royal Gwent Hospital, Cardiff Road, Newport, Gwent NP9 2UB and associated hospitals (including the management of its teaching and research facilities);
b
to manage community health services provided from Royal Gwent Hospital, Cardiff Road, Newport, Gwent NP9 2UB and to own the associated premises.
Directors of the trust
4
1
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
2
There shall be included among the non-executive directors a person appointed from the University of Wales.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1996.
2
The accounting date of the trust shall be 31st March.
Restriction on disposal of assets
6
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
William Hague
Secretary of State for Wales
29th January 1996


text:
Title, commencement and extent
1
These Regulations may be cited as the Bovine Products (Despatch to other Member States) Regulations 1996, shall come into force on 4th September 1996 and shall extend to Great Britain.
Interpretation
2
In these Regulations —
“bovine animal” means a bull, cow, steer, heifer or calf;
“inspector” means a person appointed as such by the Minister or any veterinary surgeon appointed under regulation 3(1)(b) below, and includes a veterinary inspector;
“the Minister” means, in relation to England, the Minister of Agriculture, Fisheries and Food and, in relation to Scotland or Wales, the Secretary of State;
“relevant goods” means —
meat for human consumption;
any meat product for human consumption;
any meat preparation for human consumption; or
food for domestic carnivores, obtained from a bovine animal which was not slaughtered in the United Kingdom; and
“veterinary inspector” means a veterinary inspector of the Minister.
Meat and other products from bovine animals slaughtered outside the United Kingdom
3
1
No person shall despatch from Great Britain to another member State any relevant goods unless —
a
each stage of the production of those goods which took place in the United Kingdom took place in an establishment approved by the Minister for the purposes of this regulation;
b
each stage of the production of those goods was under the control of a veterinary surgeon appointed by the Minister;
c
the goods are accompanied by a health certificate issued by that veterinary surgeon stating that they were produced in such an establishment; and
d
the goods are despatched in accordance with any relevant provisions of Part II of the Products of Animal Origin (Import and Export) Regulations 1992 or Part II of the Animals and Animal Products (Import and Export) Regulations 1995 .
2
The Minister shall approve an establishment for the purposes of this regulation where, following an inspection of that establishment by a veterinary inspector, he is satisfied that it has in place a system for tracing through the production process the raw material used in the production of any relevant goods which ensures that it is possible to identify the origin of the raw material contained in any relevant goods despatched from that establishment.
3
The Minister may withdraw an approval granted pursuant to paragraph (2) above where the requirements of that paragraph are no longer satisfied.
4
For the purposes of paragraph (1) above, the storage of any relevant goods shall not be treated as a stage of production where —
a
the goods are accompanied by the required documents;
b
all of the goods listed in those documents are present; and
c
all packaging is sealed and has not been opened since completion of the documents.
5
For the purposes of paragraph (4) above “the required documents” means —
a
in respect of goods originating in another member State, the documents required for the import of those goods by the relevant directive listed in Schedule 3 to the Products of Animal Origin (Import and Export) Regulations 1992 or Schedule 3 to the Animal and Animal Products (Import and Export) Regulations 1995; and
b
in respect of goods originating in a third country, the certificate referred to in regulation 15(3)(a) of the Products of Animal Origin (Import and Export) Regulations 1992.
Fees
4
The Minister may charge such reasonable fees as he may determine in respect of any costs reasonably incurred by him in connection with —
a
the approval of an establishment pursuant to regulation 3 above;
b
the control exercised under regulation 3(1)(b) above by a veterinary surgeon appointed by him; and
c
the issue of a health certificate under regulation (3)(1)(c) above.
Powers of inspectors
5
1
An inspector shall, on producing, if required to do so, some duly authenticated document showing his authority, have the right at all reasonable hours to enter any land or premises for the purposes of ascertaining whether there is or has been on the land or premises any contravention of these Regulations; and in this regulation “premises” includes any place, installation, vehicle, ship, vessel, boat, craft, hovercraft or aircraft.
2
An inspector shall, on producing, if required to do so, some duly authenticated document showing his authority, have the right at all reasonable hours to enter any establishment approved for the purposes of regulation 3 above in order to ascertain whether the requirements of that regulation are satisfied in that establishment.
3
An inspector shall have power to carry out all checks and examinations necessary for the enforcement of these Regulations, and in particular he may —
a
carry out inspections of any land or premises from which material derived from bovine animals is consigned to an establishment approved for the purposes of regulation 3 above;
b
carry out inspections of anything used for the marking and identification of products and materials;
c
take samples (and, if necessary, send the samples for laboratory testing) from any product or material;
d
examine documentary or data processing material relevant to the checks carried out under these Regulations;
e
take with him any person he deems necessary to carry out the necessary checks and examinations; and
f
take with him a representative of the European Commission acting for the purposes of Commission Decision 96/239/ EC .
4
Where an inspector has a reasonable suspicion that a consignment of any relevant goods is falsely described in a health certificate issued under regulation 3 above, he may require the person in control of the certificate to deliver it and any copies of it to the inspector on demand and may, in respect of the consignment or any part of it —
a
give notice that, until the notice is withdrawn, it may not be removed or may not be removed except to some place specified in the notice; or
b
seize it and remove it in order to have it dealt with by a justice of the peace.
5
Where an inspector exercises the power conferred by paragraph (4) above, he shall as soon as is reasonably practicable, and in any event within 21 days, determine whether he is satisfied that the consignment is not falsely described and —
a
if he is so satisfied, he shall return any health certificate which has been delivered to him, withdraw any notice given pursuant to paragraph (4)(a) above relating to the consignment and return anything which he has seized; or
b
if he is not so satisfied, he shall inform the person in charge of the consignment of his intention to have it dealt with by a justice of the peace and —
i
any person who may be liable for prosecution in respect of the consignment shall, if he attends before the justice of the peace by whom the matter falls to be dealt with, be entitled to be heard and to call witnesses; and
ii
that justice of the peace may, but need not, be a member of the court before which any person is charged with any offence in relation to the consignment.
6
If it appears to a justice of the peace, on the basis of such evidence as he considers to be appropriate in the circumstances, that a consignment is falsely described, he shall order that the consignment be destroyed and any expenses reasonably incurred in connection with such destruction be defrayed by the owner of the consignment, unless he is satisfied that, if the consignment is returned to the owner, the owner will not despatch it to another member State, in which case the consignment shall be so returned.
7
If a notice under paragraph (4)(a) above is withdrawn or anything seized is returned in accordance with paragraph (5)(a) above, or if a justice of the peace acting under paragraph (6) above does not find a consignment to be falsely described, the Minister shall compensate the owner of the consignment for any depreciation in its value resulting from the action taken by the inspector.
8
Any disputed question as to the right to or the amount of any compensation payable under paragraph (7) above shall be determined by arbitration.
9
In the application of this regulation to Scotland —
a
any reference to a justice of the peace includes a reference to the sheriff and to a magistrate;
b
paragraph (5)(b)(ii) above shall not apply;
c
any order made under paragraph (6) above shall be sufficient evidence in any proceedings in relation to these Regulations of the fact that the consignment of relevant goods in question was falsely described; and
d
the reference in paragraph (8) above to determination by arbitration shall be construed as a reference to determination by a single arbiter appointed, failing agreement between the parties, by the sheriff.
Obstruction
6
1
No person shall —
a
intentionally obstruct any person acting in the execution of these Regulations;
b
without reasonable cause, fail to give to any person acting in the execution of these Regulations any assistance or information which that person may reasonably require of him for the purpose of carrying out his functions under these Regulations; or
c
furnish to any person acting in the execution of these Regulations any information which he knows to be false or misleading.
2
Nothing in paragraph (1)(b) above shall be construed as requiring any person to answer any question or give any information if to do so might incriminate him.
Offences and Penalties
7
1
A person contravening any provision of these Regulations shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both.
2
Paragraph (1) above does not apply to anything done or omitted by the Minister.
3
Section 20 of the Food Safety Act 1990 shall apply to the commission by any person of an offence under these Regulations, and section 21 (1), (5) and (6) of that Act shall apply in any proceedings for an offence under these Regulations, as if the references to “any of the preceding provisions of this Part” were references to “these Regulations”.
Offences by bodies corporate
8
1
Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of —
a
any director, manager, secretary or other similar officer of the body corporate, or
b
any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
2
For the purposes of paragraph (1) above, “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
3
Where an offence under these Regulations which has been committed by a Scottish partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
Amendment of the Products of Animal Origin (Import and Export) Regulations 1992 and the Animals and Animal Products (Import and Export) Regulations 1995
9
1
The following paragraph shall be added at the end of regulation 5 of the Products of Animal Origin (Import and Export) Regulations 1992 and of regulation 6 of the Animals and Animal Product (Import and Export) Regulations 1995 —
5
This regulation shall apply without prejudice to the requirements of the Bovine Products (Despatch to other Member States) Regulations 1996.
Angela Browning
Parliamentary Secretary,Ministry of Agriculture, Fisheries and Food
1st September 1996
Lindsay
Parliamentary Under-Secretary of State,Scottish Office
3rd September 1996


text:
Citation and commencement
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (Bromley London Borough Council) Order 1996 and shall come into force on 3rd July 1996.
Exemption of legal services
2
1
The provision of legal services by the council of the London borough of Bromley (“the authority”) shall not be treated as a defined activity so long as it consists of work falling within paragraph (2) and is carried out before 1st April 1997.
2
The work referred to in paragraph (1) is work falling within any of the following categories —
a
legal work in or in connection with any criminal or civil proceedings before any court or tribunal in respect of the authority’s functions under —
i
Part II of the Adoption Act 1976 ,
ii
Part II of the Mental Health Act 1983 ,
iii
the Children Act 1989 , or
iv
Part IV of the Education Act 1993 ;
b
legal work in or in connection with any proceedings —
i
under the High Court’s inherent jurisdiction in respect of the authority’s social services functions,
ii
for the recovery of stolen property,
or any resulting appeal;
c
legal advice —
i
in connection with the authority’s functions under Parts II to V, XI and XII of the Children Act 1989 (including attendance at case conferences),
ii
to the education welfare officer of the authority in connection with that officer’s responsibilities (including attendance at case conferences),
iii
provided out of normal office hours to officers responsible for the authority’s social services functions, or
iv
in connection with the authority’s functions under the Mental Health Act 1983, including proceedings before a Mental Health Review Tribunal established under Part V of that Act.
Signed by authority of the Secretary of State
Paul Beresford
Parliamentary Under-Secretary of State,
Department of the Environment
4th June 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Oxfordshire Learning Disability National Health Service Trust (Transfer of Trust Property) Order 1996 and shall come into force on 31st July 1996.
2
In this Order —
“the Authority” means the Oxfordshire Health Authority;
“the Trust” means the Oxfordshire Learning Disability National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 1st April 1996, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 31st July 1996 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State,
Department of Health
8th July 1996


text:
1
This order may be cited as the Offshore Installations (Safety Zones) (No. 7) Order 1996 and shall come into force on 5th December 1996.
2
A safety zone is hereby established around each installation specified in column 1 of the Schedule hereto (being an installation stationed in waters to which subsection (7) of section 21 of the Act applies) having a radius of five hundred metres from the point as respects that installation which has the co-ordinates of latitude and longitude according to European Datum (1950) specified in columns 2 and 3 of the Schedule.
Signed by authority of the Secretary of State.
Paul Beresford
Parliamentary Under Secretary of State,
Department of the Environment.
14th November 1996


text:
1
These Regulations may be cited as the Public Service Vehicles (Carrying Capacity) (Amendment) Regulations 1996 and shall come into force on 1st May 1996.
2
1
Regulation 5 of the Public Service Vehicles (Carrying Capacity) Regulations 1984 shall be amended as follows.
2
For paragraphs (2) and (3) there shall be substituted the following paragraphs —
2
For the purposes of paragraph (1) —
a
a child under 5 years of age who is not occupying a seat does not count as a passenger; and
b
subject to sub-paragraph (a) above, three seated children each of whom is under 14 years of age and none of whom are occupying a seat provided with a seat belt shall count as two passengers.
3
In this Regulation “seat belt” has the meaning given in regulation 47 of the Road Vehicles (Construction and Use) Regulations 1986
4
For the purposes of this Regulation, in relation to a continuous seat which is designed for the accommodation of more than one adult, each part of the seat which is designed to accommodate one adult shall be regarded as a separate seat.
5
For the purposes of this Regulation, a child shall be deemed to be under 14 years of age until the last day of August following his fourteenth birthday.
.
Signed by the authority of the Secretary of State
Steven Norris
Parliamentary Under-Secretary of State,
Department of Transport
31st January 1996


text:
1
These Regulations may be cited as the Civil Aviation (Canadian Navigation Services) (Third Amendment) Regulations 1996 and shall come into force on 1st February 1996.
2
The Civil Aviation (Canadian Navigation Services) Regulations 1994 shall be amended as follows:
for regulation 4 there shall be substituted the following regulation —
4
1
The operator of an aircraft, wherever registered, shall pay to the CAA charges in respect of air navigation services provided by or on behalf of the Government of Canada as follows:
a
in respect of each flight between any point in North America and any point outside North America in the course of which the aircraft makes use of such services within the Gander Oceanic Flight Information Region other than a flight described in sub-paragraph (c) of this paragraph, a charge of $90.24 Canadian; and
b
in respect of each flight in the course of which the aircraft makes use of international radio frequencies to obtain air navigation services by way of telecommunication services provided by or on behalf of the Government of Canada other than a flight described in sub-paragraph (c) of this paragraph, a charge of $53.68 Canadian; and
c
in respect of each flight from or to an airport in Canada situated north of N6000 to or from an airport in Greenland in the course of which the aircraft makes use of one or more of the services described in sub-paragraphs (a) and (b) of this paragraph, a charge of 40 per cent of the charge specified in those sub-paragraphs for each of the services used; and
d
subject to sub-paragraph (e) of this paragraph, in respect of each flight which crosses specified airspace without landing or taking off in the course of which the aircraft makes use of air navigation services provided by or on behalf of the Government of Canada, a charge of $0.026142 Canadian multiplied by the flight distance in kilometres through the specified airspace and multiplied by the square root of the maximum total weight authorised of the aircraft in metric tonnes;
e
sub-paragraph (d) of this paragraph shall not apply to any of the following flights —
i
a flight by an aircraft in the service of a State which is not made for commercial purposes;
ii
a flight by an aircraft between any two points both of which are in the United States of America other than a flight to or from an airport in Alaska by aircraft the maximum total weight authorised of which is more than 200 metric tonnes and a flight to or from Hawaii.
2
The charges specified in sub-paragraphs (a), (b) and (d) of paragraph (1) of this regulation shall be cumulative and shall apply whether or not in the course of the flight the aircraft flies within the United Kingdom or Canada.
3
If the amount of the charge payable under regulation 4(1) is not paid by the operator of the aircraft within 30 days of the date payment is demanded by the CAA, interest calculated in accordance with paragraph (4) below on the unpaid amount shall be paid from that day until the date when payment is made.
4
Interest payable under paragraph (3) shall be simple interest calculated from day to day at the rate of 10.28%
.
Signed by authority of the Secretary of State for Transport
Goschen
Parliamentary Under-Secretary of State,
Department of Transport
20th December 1995
We consent to the making of these Regulations
Michael Bates
Derek Conway
Two of the Lords Commissioners of Her Majesty’s Treasury
9th January 1996


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (The Broads) Designation (Amendment) Order 1996 and shall come into force on 17th April 1996.
Amendment
2
1
The Environmentally Sensitive Areas (The Broads) Designation Order 1992 shall be amended in accordance with paragraph (2) of this article.
2
In article 6 (rates of payment under agreement) —
a
in paragraph (1), for “£135” there shall be substituted “£145”; and
b
in paragraph (2), there shall be substituted for the table the following table:
£ per hectare of land per annum
Schedule 2 225 Schedule 3 300 Schedule 4 — Option 1 260 — Option 2 330
.
Saving
3
Article 2 of this Order shall not apply in respect of any annual payment to a farmer which relates wholly or in part to any period before 1st April 1996.
Tim Boswell
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
25th March 1996
We consent,
Simon Burns
Liam Fox
Two of the Lords Commissioners of Her Majesty’s Treasury
21st March 1996