text:
1
This Order may be cited as the Birmingham-Great Yarmouth Trunk Road (King’s Lynn Southern Bypass) Order 1971 Partial Revocation Order 1996 and shall come into force on 8th August 1996.
2
The Birmingham-Great Yarmouth Trunk Road (King’s Lynn Southern Bypass) Order 1971 is hereby revoked insofar as it authorises the Secretary of State to construct:
a
that length of new trunk road between a point 310 metres west of the centre of the Hardwick Roundabout (as itself authorised by that Order to be constructed) and its easterly junction with the A47 Trunk Road; and
b
two routes for slip roads to connect the said Hardwick Roundabout to the length of new trunk road described above and given the reference numbers 11 and 12.
Signed by authority of the Secretary of State for Transport
R. R. Bineham
Director, Highways Agency,Northern Operations Division
4th July 1996


type: legislation

jurisdiction: UK

text:
Commencement and citation
1
This Order may be cited as The A41 Trunk Road (Camden and Westminster) Red Route (Bus Lanes) (No. 2) Experimental Traffic Order 1996, and shall come into force on 4th November 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
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ; and
d
“vehicle” includes part of a vehicle.
Bus Lane Controls
3
1
Except as provided in paragraph (2) of this article, and subject to the provisions of article 4, no person shall cause a vehicle to enter or proceed in any bus lane in a length of road, specified in column (2) in an item in the table in the schedule to this Order during the hours specified in that item in column (3) of that table.
2
The controls specified in paragraph (1) of this article do not apply in respect of: —
a
a bus;
b
a taxi as defined in regulation 4 of the Traffic Signs Regulations and General Directions 1994 ; or
c
a pedal cycle.
3
In this article —
a
“bus” means: —
before l January 1997
a public service vehicle used for the provision of a local service or a scheduled express service,
a school bus, and
a work bus;
after 31 December 1996
a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver), and
a local bus not so constructed or adapted; and
at any time a vehicle which
is constructed or adapted for the carriage of disabled persons and their companions, and which is being used to provide a service for the carriage of such persons, and
displays so as to be conspicuous from outside the vehicle a disc in a form approved by or with the authority of the Traffic Director for London and containing the words DIAL-A-RIDE;
b
“bus lane” means an area of the carriageway of a road marked with the traffic signs shown in diagrams 1048 and 1049 in schedule 6 to the Traffic Signs Regulations and General Directions 1994; and
c
“local bus”, “local service”, “pedal cycle”, “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.
Exemptions
4
The controls specified in article 3(1) do not apply to: —
a
a vehicle being used for ambulance, fire brigade or police purposes;
b
a vehicle being used in the service of a local authority for the purpose of collecting refuse from premises adjacent to a bus lane;
c
a vehicle being used in connection with the removal of any obstructions to traffic;
d
a vehicle being used in connection with the maintenance, improvement or reconstruction of a bus lane;
e
a vehicle entering a bus lane so as to avoid an accident;
f
a vehicle entering a bus lane to get or give help in consequence of an accident or an emergency or otherwise taking action for public safety;
g
a vehicle which bears the Royal Mail livery for so long as may be required for the purpose of collection or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters;
h
a vehicle entering and forthwith leaving a bus lane in order to gain access to or egress from any road adjacent to that bus lane or any vehicular accessway to premises adjacent to the bus lane or crossing over the footway adjacent to the bus lane;
i
anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
j
a vehicle parked in the parking area on the east side of Baker Street adjacent to Chiltern Court as described in The A41 Trunk Road (Westminster) Red Route (No.2) Experimental Traffic Order 1996, in accordance with the conditions relating to parking in that area under that order, and a vehicle being driven so as to enter and forthwith leave the bus lane for the purpose of parking in that parking area in accordance with those conditions, or for the purpose of driving away from that parking place.
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 interest 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
21st October 1996


text:
1
The length of trunk road described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be a trunk road as from the date on which the Secretary of State notifies the County Council of North Yorkshire that the new trunk road is open for through traffic.
2
In this Order —
(1) all measurements of distance are measured along the route of the relevant highway. (2) (i) “the deposited plan” means the plan numbered HA10/NO0373 marked “The A629 Trunk Road (Ings Lane to Cononley Lane) (Detrunking) Order 1996” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, Marsham Street, London SW1P 3PY; (ii) “the new trunk road” means the main new trunk road to be constructed by the Secretary of State in pursuance of the A629 Trunk Road (Skipton to Kildwick Improvement and Slip Roads) Order 1996 and (iii) “the trunk road” means the North-West of Doncaster to Kendal Trunk Road (A629).
3
This Order shall come into force on 26th April 1996 and may be cited as the A629 Trunk Road (Ings Lane to Cononley Lane) (Detrunking) Order 1996.
Signed by authority of the Secretary of State
R. R. Bineham
Director Highways Agency, Northern Operations Division
1st April 1996


text:
1
These Regulations may be cited as the Local Government Reorganisation (Amendment of Coroners Act 1988) Regulations 1996 and shall come into force immediately after the coming into force in full of paragraph 82 of Schedule 16 to the Local Government (Wales) Act 1994 .
2
1
The Coroners Act 1988 is amended as follows.
2
For section 1(1) there is substituted:
1
Coroners shall be appointed —
a
for each coroner’s district in a metropolitan county, Greater London or Wales;
b
for each coroner’s district constituted by an order under section 17 of the Local Government Act 1992 which lies partly in each of two or more non-metropolitan counties;
c
for each non-metropolitan county in England none of which is included in such a coroner’s district as is mentioned in paragraph (b) above;
d
in the case of a non-metropolitan county in England part of which is included in such a coroner’s district as is mentioned in paragraph (b) above, for so much of that county as is not so included; and
e
for the City.
1A
Coroners shall be appointed by the relevant council, that is to say —
a
in the case of a coroner’s district consisting of or included in a metropolitan district or London borough, the council of that district or borough;
b
in the case of a coroner’s district consisting of two or more metropolitan districts or London boroughs, such one of the councils of those districts or boroughs as may be designated by an order made by the Secretary of State by statutory instrument;
c
in the case of a coroner’s district consisting of or included in a Welsh principal area, the council of that area;
d
in the case of a coroner’s district lying partly in each of two or more Welsh principal areas, such one of the councils of those areas as may be designated by an order made by the Secretary of State by statutory instrument;
e
in a case falling within subsection (1)(b) above, such one of the councils of the non-metropolitan counties in question as may be designated by an order under section 17 of the Local Government Act 1992;
f
in a case falling within subsection (1)(c) or (d) above, the council of the non-metropolitan county in question; and
g
in the case of the City, the Common Council.
.
3
In subsection (2) of that section, for the words “subsection (1)” there is substituted“subsection (1A)” and for the words “or (bb)” there is substituted “(d) or (e)”.
4
In subsection (3) of section 2, for the words “for being a coroner for that county” there is substituted —
a
in the case of a county none of which is included in such a coroner’s district as is mentioned in section 1(1)(b) above, for being a coroner for that county;
b
in the case of a county the whole or part of which is included in such a coroner’s district as is mentioned in section 1(1)(b) above, for being a coroner for that coroner’s district and for so much of that county (if any) as is not so included.
.
5
After subsection (5) of section 4 there is inserted —
5A
Subsections (2) to (5) above shall not apply to a non-metropolitan county the whole of which is included in such a coroner’s district as is mentioned in section 1(1)(b) above.
5B
In the application of this section to a non-metropolitan county part of which is included in such a coroner’s district as is mentioned in section 1(1)(b) above, any reference in subsections (2)(a) and (b), (3) and (4) to a county shall be construed as a reference to so much of that county as is not so included.
.
6
In subsection (3) of section 27, after paragraph (a) there is inserted —
aa
in the case of a non-metropolitan district council, out of the general fund
.
7
In subsection (4) of that section —
a
after paragraph (b) there is inserted
or
b
which lies partly in each of two or more non-metropolitan counties in England,
;
b
for the words “or areas” there is substituted “areas or counties”.
8
In section 31 , for the words “The council of a metropolitan district, London borough or Welsh principal area (whether or not a relevant council)” there is substituted —
The council (whether or not a relevant council) of any of the following, that is to say —
a metropolitan district,
a London borough,
a Welsh principal area, or
in the case of such a coroner’s district as is mentioned in section 1(1)(b) above, a non-metropolitan county the whole or part of which is included in that coroner’s district.
.
9
In subsection (1) of section 35 —
a
in the definition of “administrative area”, after the word “means” there is inserted “, subject to subsection (1B) below,”;
b
in the definition of “relevant council”, for the words “section 1(1)” there is substituted“section 1(1A)”.
10
After that subsection there is inserted —
1A
In this Act any reference to a council of a non-metropolitan county includes in relation to an area for which there is a district council but no county council a reference to a district council, and any reference to a councillor of a non-metropolitan county shall be construed accordingly.
1B
In the application of sections 4(5), 5(3) and 13(2) above to a non-metropolitan county part of which is included in such a coroner’s district as is mentioned in section 1(1)(b) above, any reference in those provisions to an administrative area shall be construed as a reference to so much of that county as is not so included.
3
Sub-paragraphs (1), (2) and (9) of paragraph 82 of Schedule 16 to the Local Government (Wales) Act 1994 are hereby repealed.
Tom Sackville
Parliamentary Under Secretary of State
Home Office
7th March 1996


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Education (Grant) (Henrietta Barnett School) (Amendment) Regulations 1996 and shall come into force on 1st March 1996.
2
Any reference in these Regulations to the principal Regulations is a reference to the Education (Grant) (Henrietta Barnett School) Regulations 1994 .
Amendment of the principal Regulations
2
Regulation 2(1) of the principal Regulations (payment of grant) shall be amended by the insertion of the words “or other” after the word “legal” in sub-paragraph (a) and by the substitution for the words “written notice dated 18th March 1993 terminating the Henrietta Barnett school’s right to use and occupy” of the words “the Henrietta Barnett school’s use and occupation of”.
Robin Squire
Parliamentary Under-Secretary of State,
Department for Education and Employment
3rd February 1996


text:
Citation and commencement
1
This Order may be cited as the West Middlesex University Hospital National Health Service Trust (Establishment) Amendment Order 1996, and shall come into force on 6th April 1996.
Amendment of Establishment Order
2
In Article 3 of the West Middlesex University Hospital National Health Service Trust (Establishment) Order 1992 (functions of the trust) —
a
in paragraph (1) for “section 5(1)(a)” there shall be substituted “section 5(1)(b)”; and
b
in paragraph (2) for “own and manage” there shall be substituted “provide and manage”.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State
Department of Health
27th March 1996


text:
Citation
1
This Order may be cited as the Chemical Weapons Act 1996 (Commencement) Order 1996.
Appointed day
2
The day appointed for the coming into force of the Chemical Weapons Act 1996, except for section 39, is 16th September 1996.
Anthony Nelson
Minister for Trade,
Department of Trade and Industry
3rd August 1996


text:
Citation and commencement
1
This Order may be cited as the A30 Trunk Road (Great South West Road, Hounslow) Red Route (Prescribed Routes and Prohibitive Turns No. 1) Traffic Order 1996, and shall come into force on 17th January 1996.
Interpretation
2
In this Order —
a
causing includes permitting, and cause shall be construed accordingly;
b
any reference to a named road is to the road bearing that name in the London Borough of Hounslow;
c
“the trunk road” means that length of the A30 trunk road, known as the Great South West Road, which lies in the London Borough of Hounslow;
d
“Dick Turpin Way island no. 1” means the triangular island site situated at or adjacent to the junction of the trunk road and Dick Turpin Way;
e
“Dick Turpin Way island no. 2” means the triangular island situated at or adjacent to the junction of Dick Turpin Way and Faggs Road;
f
“Hatton Road island no. 1” means the south-westernmost triangular island site situated at or adjacent to the junction of the trunk road and the south-western carriageway of Hatton Road; and
g
“Hatton Road island no. 2” means the north-easternmost triangular island site situated at or adjacent to the junction of the trunk road and the north-eastern carriageway of Hatton Road.
Prescribed Routes and Prohibitive Turns
3
Subject to the provisions of article 4 below —
a
every person causing any vehicle to proceed —
i
north-eastward in the trunk road on the south-east side of Hatton Road island no. 1, shall cause that vehicle on reaching the junction with Hatton Road and Faggs Road to continue to proceed north-eastward in the trunk road;
ii
south-westward in the trunk road, shall cause the vehicle on reaching the junction with Faggs Road to continue to proceed south-westward in the trunk road;
iii
in the slip road linking the trunk road and Hatton Road on the north-west side of Hatton Road island no. 1, shall cause that vehicle to turn left into Hatton Road;
iv
in the slip road linking Hatton Road and the trunk road on the north-east side of Hatton Road island no. 2, shall cause that vehicle to turn left into the trunk road;
v
in the slip road linking the trunk road and Dick Turpin Way on the east side of Dick Turpin Way island no. 1, shall cause that vehicle to turn left into Dick Turpin Way;
vi
in the slip road linking Dick Turpin Way and Faggs Road on the north-east side of Dick Turpin Way island no. 2, shall cause that vehicle to turn left into Faggs Road;
vii
in Dick Turpin Way between Dick Turpin Way island no. 2 and the central reservation in that road at or adjacent to its junction with Faggs Road, shall cause that vehicle to turn right into Faggs Road;
b
no person shall cause any vehicle proceeding in —
i
Faggs Road to turn right into the trunk road;
ii
Dick Turpin Way to turn left into the trunk road;
iii
the trunk road to turn at the end of either central reservation in that road at or adjacent to its junction with Dick Turpin Way so as to face in the opposite direction to that in which it was proceeding;
iv
the trunk road to turn at the end of either central reservation in that road at or adjacent to its junctions with Hatton Road and Faggs Road so as to face in the opposite direction to that in which it was proceeding.
Exemptions
4
Nothing in Article 3 of this Order shall apply —
a
to anything done with the permission or at the direction of a police constable in uniform or a traffic warden; or
b
to a vehicle being used for fire brigade, ambulance or police purposes.
Amendment of Orders
5
The Hounslow (Prescribed Routes) (No. 5) Traffic Order 1973 shall be varied so that —
a
Articles 3, 4 and 5 therein are hereby omitted; and
b
the items numbered 3, 4 and 5 in the Schedule thereto are hereby omitted.
6
The Trunk Road (Great South West Road, Hounslow) (Prescribed Routes) Order 1977 shall be varied so that —
a
Articles 5, 13, 14 and 15 therein are hereby omitted;
b
the item numbered 9 in the Schedule 1 thereto is hereby omitted; and
c
the item numbered 9 in Schedule 2 thereto is hereby omitted.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
12th January 1996


text:
Citation and commencement
1
These Regulations may be cited as the Environment Act 1995 (Consequential Amendments) Regulations 1996 and shall come into force on 1st April 1996.
Amendment of references to the National Rivers Authority in other enactments
2
In each of the enactments specified in Schedule 1 to these Regulations, any reference (however framed) to the National Rivers Authority, and any reference which falls to be construed as such a reference, shall be construed on and after 1st April 1996 as a reference to the Environment Agency.
The Environment Act 1995: consequential amendments to other enactments
3
The legislation mentioned in Schedule 2 to these Regulations shall have effect with the amendments there specified (being amendments consequential on the coming into force of provisions of the Environment Act 1995).
Signed by authority of the Secretary of State
Ferrers
Minister of State,
Department of the Environment
5th March 1996


text:
1
This Order may be cited as the Capital Gains Tax (Annual Exempt Amount) Order 1996.
2
The amount specified, which by virtue of section 3 of the Taxation of Chargeable Gains Act 1992 is, unless Parliament otherwise determines, the exempt amount for the year 1997–98, is £6,500.
Bowen Wells
Michael Bates
Two of the Lords Commissioners of Her Majesty’s Treasury
26th November 1996


text:
Citation and commencement
1
These Regulations may be cited as the Income Tax (Stock Lending) (Amendment) Regulations 1996 and shall come into force on 28th May 1996.
Interpretation
2
In these Regulations “the principal Regulations ” means the Income Tax (Stock Lending) Regulations 1989 and “regulation” means a regulation of the principal Regulations.
Amendments to the principal Regulations
3
In regulation 2(1) —
a
the definitions of “gilt-edged securities”, “other United Kingdom securities” and “overseas securities” shall be omitted;
b
for the definition of “United Kingdom equity securities” there shall be substituted the following definition —
“United Kingdom equity securities” means shares issued by a company which —
have been admitted to the Official List of the Stock Exchange, or are permitted to be dealt in on the Unlisted Securities Market or Alternative Investment Market of the Stock Exchange, or
where the company issuing the shares is not resident in the United Kingdom, are registered in a register kept in the United Kingdom by or on behalf of that company,
and, except where comprised in an arrangement falling within regulation 4(1)(b), includes depository receipts for such shares.
4
In regulation 2(2) the words “or stock”, wherever occurring, shall be omitted.
5
In regulation 3B(a) for the words from “under which” to “gilt-edged securities” there shall be substituted “for the transfer of securities other than United Kingdom equity securities”.
6
For regulation 4 there shall be substituted the following regulation —
Application of subsection (3) and section 271(9)
4
1
Neither subsection (3) nor section 271(9) shall apply to a transfer, or a disposal and acquisition, made in pursuance of an arrangement mentioned in subsection (1) or (2) unless —
a
in relation to an arrangement under which the securities to be transferred are United Kingdom equity securities, not being an arrangement falling within sub-paragraph (b) below, the conditions specified in regulation 6 are fulfilled, or
b
in relation to an arrangement under which United Kingdom equity securities are to be transferred to a member, the conditions specified in regulation 6A are fulfilled.
2
Neither subsection (3) nor section 271(9) shall apply to a transfer, or a disposal and acquisition, made in pursuance of an arrangement mentioned in paragraph (a) of subsection (2A), unless the securities to be transferred are securities other than United Kingdom equity securities.
7
Regulations 6(2), 7 and 8 shall be omitted.
Simon Burns
Michael Bates
Two of the Lords Commissioners of Her Majesty’s Treasury
7th May 1996


text:
Title and commencement
1
This Order may be cited as the Anthrax (Amendment) Order 1996 and shall come into force on 5th August 1996.
Amendment
2
1
The Anthrax Order 1991 shall be amended in accordance with the following provisions of this article.
2
In article 2(1) (interpretation) for the definition of “disinfectant” there shall be substituted the following definition —
“disinfectant” means a disinfectant listed in Schedule 1 or Schedule 2 to the Diseases of Animals (Approved Disinfectants) Order 1978 as approved for use in respect of general orders or, where so specified in a notice served under article 10(1), any means of destroying anthrax bacilli or spores specified in that notice by a veterinary inspector;
.
3
In article 10 (cleansing, disinfection, vaccination and treatment) —
a
for paragraph (1) there shall be substituted the following paragraph —
10
1
A veterinary inspector may serve on the occupier of any premises on which there is or has been within 56 days a diseased or suspected animal or carcase a notice requiring him within the time specified in the notice to —
a
carry out such cleansing and disinfection in relation to all or any part of the premises; and
b
carry out such cleansing, disinfection, incineration or other work in relation to any thing which has been in contact with the animal or carcase or which has been used in connection with the animal or carcase,
as may be specified in the notice.
; and
b
for paragraph (3) there shall be substituted the following paragraph —
3
If the requirements of a notice served under this article are not complied with a veterinary inspector may, without prejudice to any proceedings for an offence arising out of the default, carry out or cause to be carried out those requirements, and any expenses reasonably incurred in doing so shall be recoverable by the Minister from the occupier as a civil debt.
.
4
In Schedule 1, Part II, for paragraph 7, there shall be substituted the following paragraph —
7
No person other than a veterinary inspector acting in the course of a veterinary inquiry shall —
a
move from the premises any animal or carcase or thing derived from any animal or carcase;
b
move from the premises any thing which has been in contact with any animal or carcase or any thing used in connection with animals, which has not been disinfected with a disinfectant; or
c
move any animal or carcase into the premises,
except under the authority of a licence issued by a veterinary inspector.
.
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
14th July 1996
Lindsay
Parliamentary Under-Secretary of State,Scottish Office
16th July 1996
Signed by authority of the Secretary of State for Wales
Jonathan Evans
Parliamentary Under-Secretary of State,Welsh Office
11th July 1996


text:
1
This Order may be cited as the Gas Act 1995 (Consequential Modifications of Subordinate Legislation) Order 1996 and shall come into force on 1st March 1996.
2
The subordinate legislation specified in columns 1 and 2 of the Schedule hereto is hereby modified to the extent specified in column 3 of the Schedule.
Tim Eggar,
Minister for Industry and Energy,
Department of Trade and Industry
7th February 1996


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Assistance (Assessment of Resources) (Amendment) Regulations 1996 and shall come into force on 8th April 1996.
2
In these Regulations “the principal Regulations ” means the National Assistance (Assessment of Resources) Regulations 1992 .
Amendment of the principal Regulations
2
1
The principal Regulations shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 2(1) (interpretation) after the definition of“mobility supplement” there shall be inserted the following definition —
“occupational pension”means any pension or other periodical payment under an occupational pension scheme but does not include any discretionary payment out of a fund established for relieving hardship in particular cases;
.
3
In regulation 20 (capital limit) for the words from“exceeds the amount” to the end there shall be substituted the words “exceeds £16,000.”.
4
For regulation 28 (calculation of tariff income from capital) there shall be substituted the following regulation —
28
1
Where a resident’s capital calculated in accordance with this Part exceeds £10,000 it shall be treated as equivalent to a weekly income of £1 for each complete £250 in excess of £10,000 but not exceeding £16,000.
2
Notwithstanding paragraph (1), where any part of the excess is not a complete £250 that part shall be treated as equivalent to a weekly income of £1.
3
For the purposes of paragraph (1), capital includes any income treated as capital under regulations 22 and 34 (income treated as capital and liable relative payments) respectively.
.
5
In Schedule 3 (sums to be disregarded in the calculation of income other than earnings) after paragraph 10 there shall be inserted the following paragraph —
10A
1
Subject to sub-paragraphs (2) and (3), where a resident —
a
is not residing with his spouse, and
b
at least 50 per cent. of any occupational pension of his is being paid to, or in respect of, his spouse for that spouse’s maintenance,
an amount equal to 50 per cent. of the pension or pensions concerned.
2
Where a resident is entitled to more than one occupational pension, those pensions shall be aggregated for the purposes of sub-paragraph (1).
3
This paragraph shall not have effect in respect of that part of any occupational pension to which the resident’s spouse is legally entitled, whether under a court order or not.
.
Department of Health
Stephen Dorrell
One of Her Majesty’s Principal Secretaries of State
6th March 1996


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Fund Maternity and Funeral Expenses (General) Amendment Regulations 1996 and shall come into force on 7th October 1996.
2
In these Regulations, “the General Regulations ” means the Social Fund Maternity and Funeral Expenses (General) Regulations 1987 .
Amendment of regulation 3 of the General Regulations
2
1
Regulation 3 of the General Regulations (interpretation) shall be amended in accordance with the following paragraphs.
2
In paragraph (1) —
a
after the definition of “the Act” there shall be inserted the following definitions —
“the Income Support Regulations ” means the Income Support (General) Regulations 1987 ;
“the Jobseeker’s Allowance Regulations ” means the Jobseeker’s Allowance Regulations 1996 ;
;
b
in the definition of “child”, for the words “(General) Regulations 1987” there shall be substituted the words “Regulations or, as the case may be, of regulation 76 of the Jobseeker’s Allowance Regulations”;
c
after the definition of “funeral payment”, there shall be inserted the following definition —
“income-based jobseeker’s allowance” has the same meaning in these Regulations as it has in the Jobseekers Act 1995 by virtue of section 1(4) of that Act;
.
3
After paragraph (1), there shall be inserted the following paragraph —
1A
For the purposes of Part III of these Regulations, persons are to be treated as being members of the same household where such persons were partners and either or both or any or all of those persons are permanently in residential accommodation or a residential care home or a nursing home as defined for the purposes of the Income Support Regulations or, as the case may be, of the Jobseeker’s Allowance Regulations.
.
4
In paragraph (2) —
a
after the word “(3)”, there shall be inserted the words “(a) to (d)”;
b
for the words “(General) Regulations 1987” there shall be substituted the words “Regulations or, as the case may be, in regulation 78(2) and (3)(a) to (c) of the Jobseeker’s Allowance Regulations”.
Amendment of regulation 5 of the General Regulations
3
In regulation 5(1)(a) of the General Regulations (entitlement to a maternity payment), after the words “income support,”, there shall be inserted the words “income-based jobseeker’s allowance,”.
Amendment of regulation 6 of the General Regulations
4
In regulation 6(a) of the General Regulations (persons affected by a trade dispute), after the words “income support”, there shall be inserted the words “or income-based jobseeker’s allowance”.
Amendment of regulation 7 of the General Regulations
5
1
Regulation 7 of the General Regulations (entitlement to a funeral payment) shall be amended in accordance with the following paragraphs.
2
In paragraph (1)(a)(i), after the words “income support,”, there shall be inserted the words “income-based jobseeker’s allowance,”.
3
At the beginning of paragraph (1B), there shall be inserted the words “Except in a case where paragraph (1C) applies,”.
4
After paragraph (1B), there shall be inserted the following paragraph —
1C
Paragraph (1B) shall not apply where the close relative who was in closer contact with the deceased than the responsible person, or, as the case may be, was in equally close contact with the deceased —
a
was a child as at the date of death; and
b
there is no other close relative (not being a child) to whom any of sub-paragraphs (a) to (c) of paragraph (1B) apply.
.
5
In paragraph (2), after the words “Subject to” there shall be inserted the words “paragraph (6),”.
6
In paragraph (4) —
a
for sub-paragraph (a) there shall be substituted the following sub-paragraph —
a
in the case of a burial —
i
the necessary costs of purchasing a new burial plot which is suitable for the deceased, together with an exclusive right of burial in that plot; and
ii
the necessary costs of the burial;
;
b
for head (ii) of sub-paragraph (c), there shall be substituted the following head —
ii
the fee payable, or the amount of any donation, to a Minister of religion and for the use of the church or other place of worship, to the extent that —
aa
such fees or donations relate to an item or service specified in respect of a funeral or burial in the Parochial Fees Order 1995 or in any corresponding provision of any order made in exercise of powers conferred by section 1 of the Ecclesiastical Fees Measure 1986 as may be in operation as at the date of the funeral; and
bb
the total amount of such fees or donations does not exceed the appropriate fee specified in any such order;
.
7
After paragraph (4), there shall be inserted the following paragraphs —
5
All references in paragraphs (3) and (4)(c)(vii), (viii) and (ix) to a distance of 50 miles shall be construed as applying to the distance of the combined outward and return journey.
6
No funeral payment shall be made in respect of items and services specified in regulation 7(3) and (4) which have been provided on the death of the deceased under a pre-paid funeral plan.
.
Amendment of regulation 8 of the General Regulations
6
In regulation 8 of the General Regulations (deductions from an award of a funeral payment) —
a
in paragraph (a), after the word “administration” there shall be inserted the words “or in Scotland, confirmation,”;
b
after paragraph (d), there shall be added the following paragraph —
e
the amount of any sum payable under a pre-paid funeral plan in order to meet the deceased’s funeral expenses where the plan had not been paid for in full prior to the death of the deceased
.
Amendment of regulation 9 of the General Regulations
7
1
Regulation 9 of the General Regulations (effect of capital) shall be amended in accordance with the following paragraphs.
2
In paragraph (2)(a), for the words “(General) Regulations 1987” there shall be substituted the words “Regulations or, as the case may be, of regulation 88(4) of the Jobseeker’s Allowance Regulations”.
3
In paragraph (2)(b) —
a
for the words “(General) Regulations 1987” there shall be substituted the words “Regulations or, as the case may be, under the Jobseeker’s Allowance Regulations”;
b
after the words “income support”, there shall be inserted the words “or, as the case may be, income-based jobseeker’s allowance”.
4
In paragraph (3)(c) —
a
for the words “regulation 47” there shall be substituted the words “regulation 46(2) or 47”;
b
for the words “(General) Regulations 1987” there shall be substituted the words “Regulations or, as the case may be, under regulation 108(2) or 109 of, and Schedule 8 to, the Jobseeker’s Allowance Regulations”.
Transitional provision
8
Regulations 2(3) and (4), 5(3) to (7) and 6 of these Regulations shall not have effect with respect to any claim for a funeral payment made before 7th October 1996.
Signed by authority of the Secretary of State for Social Security.
Roger Evans
Parliamentary Under-Secretary of State,
Department of Social Security
4th June 1996


text:
Title and commencement
1
This Order may be cited as the Bovine Spongiform Encephalopathy Compensation Order 1996 and shall come into force on 24th January 1997.
Interpretation
2
In this Order–
“affected animal” means a bovine animal which is affected with bovine spongiform encephalopathy;
“barrener cattle” means adult female bovine animals which have had one or more calves and which are being sold for either immediate slaughter or further fattening before slaughter;
“bovine animal” means a bull, cow, steer, heifer or calf;
“exposed animal” means a bovine animal which has been exposed to the infection of bovine spongiform encephalopathy;
“indicative market price” means a price calculated in accordance with Schedule 1 to this Order;
“market value” means–
in the case of a bovine animal aged 30 months or over, either–
the price which might reasonably have been obtained for it at the time of valuation from a purchaser in the open market if the animal were not an affected, suspected or exposed animal; or
the purchase price which would have applied had the animal been slaughtered at the time of valuation in accordance with Commission Regulation ( EC ) No. 716/96 adopting exceptional support measures for the beef market in the United Kingdom, as amended ,
whichever is the higher; and
in the case of a bovine animal aged under 30 months, the price which might reasonably have been obtained for it at the time of valuation from a purchaser in the open market if the animal were not an affected, suspected or exposed animal; and
“suspected animal” means a bovine animal which is suspected of being affected with bovine spongiform encephalopathy.
Compensation for affected and suspected animals slaughtered for bovine spongiform encephalopathy
3
1
Where the Minister causes an affected animal to be slaughtered under the powers conferred on him by section 32(1) of the Animal Health Act 1981 in its application to bovine spongiform encephalopathy, the compensation payable by him shall be an amount equal to either–
a
the market value of the animal; or
b
the indicative market price for the month in which the market value of the animal was determined,
whichever is the less.
2
Where the Minister causes a suspected animal to be slaughtered under the powers conferred on him by section 32(1) of the Animal Health Act 1981 in its application to bovine spongiform encephalopathy, and an examination at a veterinary laboratory of the Ministry of tissues taken from the carcase of the animal does not confirm that it was an affected animal, the compensation payable by the Minister shall be an amount equal to either–
a
the market value of the animal; or
b
125 per cent of the indicative market price for the month in which the market value of the animal was determined,
whichever is the less.
3
The market value of a bovine animal which the Minister proposes to cause to be slaughtered shall, for the purposes of payment of compensation under this Order, be determined–
a
by agreement between the Minister and the owner of the animal;
b
by one valuer appointed jointly by the Minister and the said owner; or
c
failing such agreement or appointment, by a valuer nominated by the President of the Royal Institution of Chartered Surveyors.
4
A valuer appointed or nominated under paragraph (3)(b) or (c) above shall be paid by the Minister and shall give to the Minister and the owner a certificate in writing of the said value.
5
The Minister shall take such steps as he considers appropriate for the purpose of bringing to the notice of persons concerned the indicative market price in respect of each month and the total number of animals and the total sale price on which the calculation of such indicative market price was based.
Compensation for exposed animals slaughtered for bovine spongiform encephalopathy
4
1
Where the Minister causes an exposed animal to be slaughtered under the powers conferred on him by section 32(1) of the Animal Health Act 1981 in its application to bovine spongiform encephalopathy, the compensation payable by him shall be an amount equal to–
a
in the case of a female animal, 90 per cent of the replacement value of the animal calculated in accordance with paragraph (2) below, or, if higher, the market value of the animal; and
b
in the case of a male animal, the market value of the animal,
enhanced, where the Minister causes 10 per cent of more of a herd to be slaughtered as exposed animals, by a percentage calculated in accordance with Schedule 2 to this Order.
2
For the purposes of paragraph (1)(a) above the replacement value of a bovine animal is the value, at the time of valuation, of an animal in its first lactation of the same breed and quality as that animal.
3
For the purposes of paragraph (1) above and Schedule 2 to this Order, “herd” means the bovine animals kept on a holding which–
a
in the case of female animals, are in milk or in calf; and
b
in the case of male animals, have been used for breeding purposes,
and are managed as a separate production unit at the time of service of a notice in Form D under article 7(1) of the Bovine Spongiform Encephalopathy (No. 2) Order 1996 .
4
In ascertaining the percentage of a herd slaughtered for the purpose of calculating any enhancement under paragraph (1) above, animals slaughtered under any voluntary slaughter scheme introduced in relation to exposed animals shall be included in the calculation as if they were animals caused to be slaughtered by the Minister.
5
The replacement value or market value, as the case may be, of a bovine animal which the Minister causes to be slaughtered shall, for the purposes of payment of compensation under this Order, be determined–
a
by agreement between the Minister and the owner of the animal;
b
by a valuer appointed by the Minister; or
c
by agreement between two valuers, one appointed by the Minister and one by the owner of the animal.
6
In the absence of agreement under paragraph (5)(a) or (c) above, or where the owner of the animal does not accept the valuation under paragraph (5)(b) above, the replacement value or market value, as the case may be, of the animal shall be determined by a valuer, acting as an independent expert, nominated by the President of the Royal Institution of Chartered Surveyors.
7
A valuer appointed under paragraph (5) above or nominated under paragraph (6) above shall be paid by the Minister and shall give to the Minister and the owner a certificate in writing of the said value.
Revocation and saving
5
1
Subject to paragraph (2) below, the Bovine Spongiform Encephalopathy Compensation Order 1994 and the Bovine Spongiform Encephalopathy Compensation (Amendment) Order 1996 are hereby revoked.
2
The compensation payable for any bovine animal slaughtered before the commencement of this Order pursuant to the exercise by the Minister of his powers under section 32(1) of the Animal Health Act 1981 shall be calculated in accordance with the provisions of the Bovine Spongiform Encephalopathy Compensation Order 1994.
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
16th Devember 1996
Lindsay
Parliamentary Under Secretary of State, Scottish Office
16th December 1996
Signed by authority of the Secretary of State for Wales
Jonathan Evans
Parliamentary Under Secretary of State, Welsh Office
7th December 1996
We approve,
Rowen Wells
Richard Ottaway
Two of the Lords Commissioners of Her Majesty’s Treasury
18th December 1996


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Child Support (Maintenance Assessments and Special Cases) and Social Security (Claims and Payments) Amendment Regulations 1996 and shall come into force on 8th April 1996.
2
In these Regulations —
“ the Act ” means the Child Support Act 1991;
“ Maintenance Assessments and Special Cases Regulations ” means the Child Support (Maintenance Assessments and Special Cases) Regulations 1992 ;
“ Claims and Payments Regulations ” means the Social Security (Claims and Payments) Regulations 1987 .
Amendment of regulation 13 of the Maintenance Assessments and Special Cases Regulations
2
1
Regulation 13 of the Maintenance Assessments and Special Cases Regulations shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1) after the words “the minimum amount shall be” there shall be inserted the words “2 multiplied by”.
3
In paragraph (2) for the words “an amount” there shall be substituted the words “the 5 per centum amount”.
Amendment of Schedule 2 to the Maintenance Assessments and Special Cases Regulations
3
1
Schedule 2 to the Maintenance Assessments and Special Cases Regulations shall be amended in accordance with the following provisions of this regulation.
2
In sub-paragraph (1) of paragraph 19, for “£10.00” there shall be substituted “up to £20.00”.
3
In sub-paragraph (1) of paragraph 20, for “£10.00” in the three places in which it occurs there shall be substituted“£20.00”.
Transitional provisions
4
A maintenance assessment in force on 8th April 1996 shall not be reviewed solely to give effect to regulation 3 but, on a review of that assessment under section 16, 17 or 18 of the Act, the provisions of that regulation shall have effect from the effective date of any fresh maintenance assessment made following that review.
Amendment of paragraph 7A of Schedule 9 to the Claims and Payments Regulations
5
1
Paragraph 7A of Schedule 9 to the Claims and Payments Regulations shall be amended in accordance with the following provisions of this regulation.
2
In sub-paragraph (3) —
a
at the beginning there shall be inserted the words “Subject to sub-paragraph (4),”;
b
the words “(that is to say 5 per cent of the personal allowance for a single claimant aged not less than 25)” shall be omitted.
3
After sub-paragraph (3) there shall be added the following sub-paragraph —
4
Where, apart from the provisions of this sub-paragraph, the provisions of paragraphs 8(1) and 9 would result in the maximum aggregate amount payable equalling 2 times 5 per cent. of the personal allowance for a single claimant aged not less than 25 years, the amount of specified benefit to be paid under this paragraph shall be one half of the amount specified in sub-paragraph (3).
.
Amendment of paragraph 8 of Schedule 9 to the Claims and Payments Regulations
6
In sub-paragraph (1) of paragraph 8 of Schedule 9 to the Claims and Payments Regulations, for the word“sub-paragraphs” there shall be substituted the word“paragraphs” and for the word “sub-paragraph” there shall be substituted the word “paragraph”.
Signed by authority of the Secretary of State for Social Security.
A. J. B. Mitchell
Parliamentary Under-Secretary of State,
Department of Social Security
29th February 1996


text:
1
This Order may be cited as the European Communities (Definition of Treaties) (Partnership and Co-operation Agreement between the European Communities and their Member States and the Republic of Belarus) Order 1996. It shall come into force in respect of the treaty specified in the Schedule to this Order on the date on which the treaty enters into force for the United Kingdom. This date will be notified in the London, Edinburgh and Belfast Gazettes.
2
The treaty specified in the Schedule to this Order is to be regarded as a Community Treaty as defined in section 1(2) of the European Communities Act 1972.
N. H. Nicholls
Clerk of the Privy Council


text:
Title and commencement
1
This Order may be cited as the Plant Health (Great Britain) (Amendment) (No. 3) Order 1996 and shall come into force on 1st January 1997.
Amendment of the Plant Health (Great Britain) Order 1993
2
The Plant Health (Great Britain) Order 1993 shall be amended in accordance with the provisions of articles 3 to 6 below.
3
In Schedule 1, Part A, Section 1(c), after item 15 there shall be inserted the following —
15.1
Tilletia indica Mitra.
4
In Schedule 4, Part A, Section 1, after item 52 there shall be inserted the following —
53
Seeds of the genera Triticum, Secale and X Triticosecale from Afghanistan, India, Iraq, Mexico, Nepal, Pakistan and the USA where Tilletia indica Mitra is known to occur.
Official statement that the seeds originate in an area where Tilletia indica Mitra is known not to occur. The name of the area shall be mentioned on the phytosanitary certificate.
54
Grain of the genera Triticum, Secale and X Triticosecale from Afghanistan, India, Iraq, Mexico, Nepal, Pakistan and the USA where Tilletia indica Mitra is known to occur.
Official statement that either:
the grain originates in an area where Tilletia indica Mitra is known not to occur, the name of the area or areas being mentioned on the phytosanitary certificate under the rubric “place of origin””,
or
no symptoms of Tilletia indica Mitra have been observed on the plants at the place of production during their last complete cycle of vegetation and representative samples of the grain have been taken both at the time of harvest and before shipment and have been tested and found free from Tilletia indica Mitra in these tests, the latter shall be mentioned on the phytosanitary certificate, in the rubric “name of produce”, as “tested and found free from Tilletia indica Mitra”.
5
In Schedule 5, Part B, Section I —
a
in point 1 after the word “Uruguay,” there shall be inserted the following —
genera Triticum, Secale and X Triticosecale from Afghanistan, India, Iraq, Mexico, Nepal, Pakistan and the USA,
; and
b
after point 7 there shall be inserted the following —
8
Grain of the genera Triticum, Secale and X Triticosecale originating in Afghanistan, India, Iraq, Mexico, Nepal, Pakistan and the USA.
6
In Schedule 16 there shall be inserted at the end the following —
Commission Directive 96/78/ EC OJ No. L321, 12.12.96, p.20.
Tim Boswell
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
18th December 1996
Lindsay
Parliamentary Under Secretary of State, Scottish Office
20th December 1996
Signed by authority of the Secretary of State for Wales
Jonathan Evans
Parliamentary Under Secretary of State, Welsh Office
19th December 1996


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Housing Benefit, Supply of Information and Council Tax Benefit (Amendment) Regulations 1996 and shall come into force on 1st April 1996.
2
In these Regulations —
“the Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 ;
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 ; and
“the State Pension Credit Regulations ” means the Housing Benefit (Supply of Information) Regulations 1988 .
Amendment of regulation 2 of the Housing Benefit Regulations
2
In regulation 2(1) of the Housing Benefit Regulations (interpretation) there shall be inserted, after the definition of “employed earner” , a new definition —
“extended payment” means a payment of housing benefit pursuant to regulation 62A;
.
Insertion of regulation 62A into the Housing Benefit Regulations
3
After regulation 62 of the Housing Benefit Regulations there shall be inserted a new regulation 62A —
Extended payments
62A
1
Subject to paragraph (2), in a case where —
a
a person was entitled to housing benefit and the benefit period comes to an end either —
i
in accordance with regulation 67(a); or
ii
in a case where the conditions specified in paragraph (3) are satisfied, in accordance with regulation 67(c) on the ground that the claimant has vacated the dwelling which he occupied as his home;
b
that person claims benefit under this regulation and the claim is in writing —
i
on a properly completed form approved for the purpose by the appropriate authority; and
ii
signed by him; and
c
the additional conditions specified in Part I of Schedule 5A are satisfied in his case,
then that person’s housing benefit shall be determined in accordance with Part II of that Schedule and any award so determined shall be referred to in these Regulations as an “extended payment”.
2
For the purposes of any payment pursuant to this regulation —
a
except in a case to which sub-paragraph 8(b) of Schedule 5A applies, the maximum housing benefit of any person mentioned in paragraph (1) shall be that which was applicable to the award of housing benefit to him referred to in sub-paragraph (1)(a);
b
the maximum housing benefit of a person to whom sub-paragraph 8(b) of Schedule 5A applies shall be determined in accordance with paragraph 9 of that Schedule; and
c
any person who meets the requirements of paragraph (1) shall be treated as possessing no income and no capital.
3
The conditions specified in this paragraph are that the claimant vacated the dwelling and that the day on which he did so was either in the week in which he or his partner took up employment as an employed or self employed earner or in the preceding week.
4
Regulations 71, 72 and 73 (claims, evidence and information) shall not apply to a claim pursuant to this regulation and, subject to regulation 69(8), Part IX (calculation of weekly amounts and changes of circumstances) shall not apply to any payment under it.
5
In a case where a payment has been made under this regulation —
a
the beneficiary shall be treated, for the purposes of these Regulations and of the Housing Benefit (General) Amendment Regulations 1995 , as though he were entitled to and in receipt of housing benefit during the 4 weeks immediately following the end of the relevant benefit period; and
b
any claim for housing benefit made within that 4 week period or the 4 weeks thereafter shall be deemed to be within the period of 4 weeks specified in regulation 72(14) (claim following the end of a benefit period).
.
Amendment of regulation 69 of the Housing Benefit Regulations
4
In regulation 69 of the Housing Benefit Regulations (calculation of weekly amounts) there shall be inserted, after paragraph (7), a new paragraph (8) —
8
In any case where a claimant has received an extended payment, his entitlement shall be adjusted in such circumstances and by such amount as are prescribed in Part III of Schedule 5A.
.
Amendment of regulation 76 of the Housing Benefit Regulations
5
In regulation 76 of the Housing Benefit Regulations (who is to make a determination) there shall be added, after paragraph (3), a new paragraph (4) —
4
Without prejudice to the generality of the foregoing provisions of this regulation, in a case where a person —
a
has claimed an extended payment within 7 days from the day immediately after the day on which his entitlement to income support ceased (“the appropriate day”); and
b
has made a claim, which meets the requirements of regulation 72(1), (6) and (9), within 14 days of the appropriate day,
the appropriate authority shall give priority to that claim over other claims which do not fall within the provisions of this paragraph.
.
Insertion of Schedule 5A into the Housing Benefit Regulations
6
After Schedule 5 there shall be inserted a new Schedule 5A —
SCHEDULE 5A
EXTENDED PAYMENTS OF HOUSING BENEFIT
Regulations 62A & 69(8)
PART I
Conditions for an extended payment
1
The conditions referred to in regulation 62A(1)(c) are those prescribed in paragraphs 2 and 3.
2
The conditions prescribed in this paragraph are that the Secretary of State has certified to the appropriate authority —
a
that the claimant was entitled to and in receipt of income support and that entitlement has ceased;
b
the relevant day in his case;
c
that before his entitlement to income support ceased —
i
the claimant was available for and actively seeking employment; or
ii
the amount applicable to the claimant in income support included an amount by way of a premium pursuant to paragraph 8 (lone parent premium) or, in a case where the claimant was the carer or one of the carers, paragraph 14ZA (carer premium) of Schedule 2 (applicable amounts) to the Income Support (General) Regulations 1987 ; or
iii
the claimant was a relevant trainee;
d
that entitlement to income support had ceased by reason of the claimant or his partner —
i
commencing employment as an employed or self employed earner; or
ii
increasing their earnings from such employment; or
iii
increasing the number of hours worked in such employment; and
e
that the claimant had been entitled to and in receipt of income support for a continuous period of at least 26 weeks until the relevant day in any of, or any combination of, the circumstances set out at sub-paragraph (c) and for the purpose of this sub-paragraph entitlement to and receipt of unemployment benefit shall be taken to be entitlement to and receipt of income support.
3
1
The conditions prescribed in this paragraph are that the claimant certifies the matters specified in sub-paragraph (2) and meets the requirements specified in sub-paragraph (3).
2
The matters that the claimant has to certify are —
a
that —
i
except in a case to which the next sub-head applies, the liability to pay in respect of the dwelling which he occupies as his home will be continuing for a period of not less than 4 weeks after the last day; or
ii
he has moved or is about to move to another dwelling (“the new dwelling”) which he is or will be occupying as his home, and the liability to make payments of rent in respect of the new dwelling, follows on immediately from the liability to make payments in respect of his previous dwelling and the liability to make such payments is for a period of not less than 4 weeks commencing on the day following the last day;
b
in a case where sub-head (a)(ii) above applies, the address of that second dwelling and the date upon which he expects to or did go into occupation of it; and
c
that he or his partner has or is about to —
i
commence remunerative work; or
ii
commence or increase the amount of work or the rate of remuneration for work,
so that he ceases to be entitled to income support, and that work or, as the case may be, increase is expected to last for 5 weeks or more.
3
The specified requirements are that —
a
the claimant is less than 60 years of age on the day following the relevant day;
b
the claimant makes the claim referred to in regulation 62A(1)(b) at either the appropriate DSS office or the designated office of an appropriate authority within 8 days of the relevant day; and
c
it was the cessation of the entitlement certified under paragraph 2(a) or the occurrence of the condition specified in regulation 62A(3) that led to the termination of the relevant benefit period.
PART II
Calculation and payment of an extended payment
4
1
Subject to the following provisions of this paragraph and except in the case of a mover, the amount of the extended payment shall be equal to the amount of housing benefit which was payable to the claimant for the last benefit week before the termination of the relevant benefit period.
2
In a case where the last benefit week referred to in sub-paragraph (1) fell, in whole or in part, within a rent free period, the last benefit week for the purposes of that sub-paragraph shall be taken to be the last benefit week in the relevant benefit period that did not fall within a rent free period.
3
Where the last benefit week before the termination of the relevant benefit period was a week in which the claimant’s eligible rent was calculated in accordance with regulation 69(5)(c) (claimant ceases to occupy the dwelling as his home), paragraph (1) shall have effect as if the reference to the last benefit week before the termination of the relevant benefit period was a reference to the week before that week.
4
The extended payment shall be payable for each of the 4 weeks following the last day, and shall be paid at such time and in such manner as is appropriate, having regard to —
a
the times at which and the frequency with which a person’s liability to make payment of rent arises; and
b
the reasonable needs and convenience of the person entitled thereto.
Movers
5
Paragraphs 6 to 8 below apply to movers from —
a
the day the move takes place where that day is a Monday; or
b
from the Monday following the day the move takes place where that day is not a Monday.
Movers and rent allowances
6
1
Subject to sub-paragraph (2), in the case of a mover whose housing benefit was in the form of a rent allowance, the authority which, prior to the ending of the relevant benefit period, was paying that allowance, shall make an extended payment to that mover calculated on the same basis as in paragraph 4 and, for these purposes, the mover shall be treated as continuing to occupy and be liable to make payments in respect of the dwelling he was occupying as his home immediately before the termination of the relevant benefit period.
2
Notwithstanding sub-paragraph (1), in a case where that mover’s liability to make payments in respect of the second dwelling would be to a housing authority, any extended payment shall be made by that housing authority and shall be determined as provided in paragraph 8(b).
Movers and rent rebates
7
Where, in a case of a mover —
a
his housing benefit was in the form of a rent rebate; and
b
he claims an extended payment,
the authority in which the second dwelling is situated or, as the case may be, where the mover’s liability to make payments in respect of the second dwelling is to a housing authority, that housing authority, shall upon receiving the mover’s claim for an extended payment, which meets the requirements of regulation 62A(1), make an extended payment, calculated in accordance with paragraph 8, to that mover.
Movers and extended payments
8
In a case to which paragraph 6(2) or 7 applies and a mover’s liability referred to in that paragraph is —
a
other than to a housing authority, the extended payment shall be a payment by way of rent allowance calculated in accordance with paragraph 4;
b
to a housing authority, the extended payment shall be by way of a rent rebate to the value of such part of 4 weeks rent as is eligible for housing benefit, calculated in accordance with regulations 8 to 11, less, in a case where the rebate to which paragraph 7 refers, or the rent allowance to which paragraph 6 refers, as the case may be, was subject to any deductions in respect of non-dependants pursuant to regulations 61(1) and 63, the amount of those deductions.
Maximum Housing Benefit
9
In a case to which sub-paragraph 8(b) applies the maximum housing benefit of a mover shall be calculated in accordance with regulation 61(1), save that no deduction shall be made in respect of non-dependants, other than any that fall to be taken into account pursuant to that sub-paragraph.
Movers with two homes
10
Subject to Part III of this Schedule, any extended payment under this Part shall be without prejudice to any entitlement the claimant may have pursuant to regulation 5(5) (liability to make payments in respect of two homes) .
PART III
Adjustment of entitlement in respect of an extended payment
11
Where for any week —
a
a person is entitled to an extended payment, and
b
he also claims and is awarded housing benefit,
then the amount of the housing benefit payable in respect of that week shall be reduced by a sum equal to the amount of the extended payment and only the balance (if any) shall be payable to him for that week.
PART IV
Interpretation
12
In this Schedule, except where the context otherwise requires —
“claimant” means a person claiming an extended payment;
“relevant trainee” means a person who is receiving both training and an allowance under arrangements made pursuant to section 2 of the Employment and Training Act 1973 or section 2 of the Enterprise and New Towns (Scotland) Act 1990 ;
“the last day” means the last day of the relevant benefit period;
“mover” means a claimant who changes the dwelling which he occupies as his home in respect of which he is liable or treated as liable to make payments;
“the relevant benefit period” means the benefit period referred to in regulation 62A(1)(a);
“the relevant day” means the day on which the claimant’s entitlement to income support ceased; and
“second dwelling” means the dwelling to which a mover has certified he will be or is occupying pursuant to paragraph 3(2)(a)(ii).
.
Amendment of the State Pension Credit Regulations
7
1
The State Pension Credit Regulations shall be amended in accordance with the following provisions of this regulation.
2
To regulation 2(1) (information to be supplied by the Secretary of State to an authority) there shall be added, after sub-paragraph (r) , a new sub-paragraph (s) —
s
any information needed for, incidental to or consequential upon the Secretary of State’s certification to an authority pursuant to paragraph 2 of Schedule 5A to the Housing Benefit Regulations (extended payments of housing benefit).
.
3
After regulation 4 , there shall be added a new regulation 5 —
Information to be supplied by an authority to another authority
5
1
For the purposes of section 128A of the Social Security Administration Act 1992 (duty of an authority to disclose information to another authority) the circumstances in which information is to be disclosed are prescribed in paragraph (2) and the information prescribed by this regulation is described in paragraph (3).
2
The circumstances prescribed in this paragraph are, where —
a
there is a mover who is or was in receipt of housing benefit from a local authority “A”;
b
either his second dwelling is within the area of another local authority “B” or he is liable or treated as liable to make payments in respect of his second dwelling to housing authority B; and
c
either —
i
the extended payment is claimed from authority A; or
ii
the extended payment is claimed from authority B, who then requests the prescribed information from authority A,
authority A shall disclose to authority B the information prescribed in paragraph (3).
3
The information to be disclosed is —
a
in a case where that extended payment was claimed from authority A, details of —
i
the matters certified pursuant to regulation 62A of and Part I of Schedule 5A to the Housing Benefit Regulations;
ii
the requirements specified at paragraph 3(3) of that Schedule; and
iii
the date it was so claimed; and
b
in any case —
i
the weekly rate of housing benefit awarded to the mover by authority A;
ii
if any deduction was being made from that benefit in respect of non-dependants, pursuant to regulations 61(1) and 63 of the Housing Benefit Regulations, the amount of those deductions;
iii
if any deduction was being made from that benefit in respect of a recoverable overpayment pursuant to regulation 102 of the Housing Benefit Regulations, the amount of those deductions;
iv
the date on which the relevant benefit period came to an end;
v
if an extended payment was made to the mover, the amount and date of any such payment; and
vi
if no extended payment was made, why none was made.
4
In this regulation “extended payment” has the meaning assigned to it in regulation 2(1) of the Housing Benefit Regulations and “mover”, “the relevant benefit period”, “the relevant day” and “second dwelling” have the meanings assigned to them in paragraph 12 of Schedule 5A to those Regulations.
.
Amendment of regulation 2 of the Council Tax Benefit Regulations
8
In regulation 2(1) of the Council Tax Benefit Regulations (interpretation) there shall be inserted, after the definition of “employed earner” , a new definition —
“extended payment” means council tax benefit allowed pursuant to regulation 53A;
.
Amendment of regulation 51 of the Council Tax Benefit Regulations
9
1
Regulation 51 of the Council Tax Benefit Regulations (maximum council tax benefit) shall be amended in accordance with the following paragraphs.
2
In paragraph (1) , at the beginning, for “Subject to paragraphs (2) to (5)” there shall be substituted the words “Subject to paragraphs (2) to (6)”.
3
After paragraph (5) there shall be added a new paragraph (6) —
6
In any case where an extended payment has been allowed to a claimant, his entitlement shall be adjusted in such circumstances and by such amount as are prescribed in Part III of Schedule 5A.
.
Insertion of regulation 53A of the Council Tax Benefit Regulations
10
After regulation 53 of the Council Tax Benefit Regulations there shall be inserted a new regulation 53A —
Extended payments
53A
1
Subject to paragraph (2), in a case where —
a
a person was entitled to council tax benefit and the benefit period comes to an end either —
i
in accordance with regulation 58(a), or
ii
in accordance with regulation 58(c) on the ground that the claimant has vacated the dwelling of which he was a resident, in a case where the conditions specified in paragraph (3) are satisfied; and
b
the person claims benefit under this regulation and the claim is in writing —
i
on a properly completed form approved for the purpose by the appropriate authority; and
ii
signed by him; and
c
the additional conditions specified in Part I of Schedule 5A are satisfied in his case,
then that person’s council tax benefit shall be determined in accordance with Part II of that Schedule and any award so determined shall be referred to in these Regulations as an “extended payment”.
2
For the purposes of any payment pursuant to this regulation —
a
except in the case of a mover, the maximum council tax benefit of any person mentioned in paragraph (1) shall be that which was applicable to the award of council tax benefit to him referred to in sub-paragraph (1)(a);
b
the maximum council tax benefit of a mover shall be determined in accordance with sub-paragraph 6(a) of Schedule 5A; and
c
any person who meets the requirements of paragraph (1) shall be treated as possessing no income and no capital,
and in this paragraph “mover” has the meaning assigned to it in paragraph 8 of Schedule 5A.
3
The conditions specified in this paragraph are that the claimant vacated the dwelling and that the day on which he did so was in the week in which he or his partner took up employment as an employed or self-employed earner or in the preceding week.
4
Regulations 61, 62 and 63 (claims, evidence and information) shall not apply to a claim pursuant to this regulation and, subject to regulation 51(6), Part VII (benefit periods, changes of circumstances and increases for exceptional circumstances) shall not apply to any payment under it.
5
In a case where benefit has been allowed under this regulation —
a
the beneficiary shall be treated, for the purposes of these Regulations, as though he were entitled to and in receipt of council tax benefit during the 4 weeks immediately following the end of the relevant benefit period; and
b
any claim for council tax benefit made within that 4 week period or the 4 weeks thereafter, shall be deemed to be within the period of 4 weeks specified in regulation 62(14) (claim following the end of a benefit period).
.
Amendment of regulation 66 of the Council Tax Benefit Regulations
11
In regulation 66 of the Council Tax Benefit Regulations (who is to make a determination) there shall be added, after paragraph (3), a new paragraph (4) —
4
Without prejudice to the generality of the foregoing provisions of this regulation, in a case where a person —
a
has claimed an extended payment within 7 days from the day immediately after the day on which his entitlement to income support ceased (“the appropriate day”); and
b
has made a claim, which meets the requirements of regulation 62(1), (6) and (9) (manner in which claims are to be made), within 14 days of the appropriate day,
the appropriate authority shall give priority to that claim over other claims which do not fall within the provisions of this paragraph.
.
Amendment of regulation 92 of the Council Tax Benefit Regulations
12
To regulation 92(1) of the Council Tax Benefit Regulations (information to be supplied by the Secretary of State to an appropriate authority) there shall be added, after sub-paragraph (r) a new sub-paragraph (s) —
s
any information needed for, incidental to or consequential upon the Secretary of State’s certification to an authority pursuant to paragraph 2 of Schedule 5A (extended payments).
.
Addition of regulation 95 to the Council Tax Benefit Regulations
13
The Council Tax Benefit Regulations shall be amended by adding, after regulation 94 , a new regulation 95 —
Information to be supplied by an authority to another authority
95
1
For the purposes of section 128A of the Administration Act (duty of an authority to disclose information to another authority) the circumstances in which information is to be disclosed are prescribed in paragraph (2) and the information prescribed by this regulation is described in paragraph (3).
2
The circumstances prescribed in this paragraph are, where —
a
there is a mover who is or was allowed council tax benefit by appropriate authority “A”;
b
who is liable to pay council tax in respect of his second dwelling to authority “B”; and
c
either —
i
the extended payment is claimed from authority A; or
ii
the extended payment is claimed from authority B, who then requests the prescribed information from authority A,
authority A shall disclose to authority B the information prescribed in paragraph (3).
3
The information to be disclosed is —
a
in a case where that extended payment was claimed from authority A, details of —
i
the matters certified pursuant to regulation 53A and Part I of Schedule 5A; and
ii
the requirements specified at paragraph 3(3) of that Schedule; and
iii
the date it was so claimed; and
b
in any case —
i
the weekly rate of council tax benefit allowed to the mover by authority A;
ii
if any deduction was being made from that benefit in respect of non-dependants, pursuant to regulations 51(1) and 52, the amount of those deductions;
iii
if any addition was being made to any amount payable in respect of council tax to recover recoverable excess benefit pursuant to regulation 87(2)(b), the amount of those additions;
iv
the date on which the relevant benefit period came to an end;
v
if an extended payment was allowed to the mover, the amount and date of any such payment;
vi
if no extended payment was allowed, why none was allowed.
4
In this regulation “mover”, “the relevant benefit period”, “the relevant day” and “second dwelling” have the meanings assigned to them in paragraph 8 of Schedule 5A.
.
Insertion of Schedule 5A to the Council Tax Benefit Regulations
14
After Schedule 5 to the Council Tax Benefit Regulations there shall be inserted a new Schedule 5A —
SCHEDULE 5A
EXTENDED PAYMENTS OF COUNCIL TAX BENEFIT
Regulations 51(6) & 53A
PART I
Conditions for an extended payment
1
The conditions referred to in regulation 53A(1)(c) are those prescribed in paragraphs 2 and 3.
2
The conditions prescribed in this paragraph are that the Secretary of State has certified to the appropriate authority —
a
that the claimant was entitled to and in receipt of income support and that entitlement has ceased;
b
the relevant day in his case;
c
that before his entitlement to income support ceased —
i
the claimant was available for and actively seeking employment; or
ii
the amount applicable to the claimant in income support included an amount by way of a premium pursuant to paragraph 8 (lone parent premium) or, in a case where the claimant was one of the carers, 14ZA (carer premium) of Schedule 2 (applicable amounts) to the Income Support (General) Regulations 1987 ; or
iii
the claimant was a relevant trainee;
d
that entitlement to income support had ceased by reason of the claimant or his partner —
i
commencing employment as an employed or self-employed earner; or
ii
increasing his earnings from such employment; or
iii
increasing the number of hours worked in such employment; and
e
that the claimant had been entitled to and in receipt of income support for a continuous period of at least 26 weeks until the relevant day in any of, or any combination of, the circumstances set out at sub-paragraph (c) and for the purpose of this sub-paragraph entitlement to and receipt of unemployment benefit shall be taken to be entitlement to and receipt of income support.
3
1
The conditions prescribed in this paragraph are that the claimant certifies the matters specified in sub-paragraph (2) and meets the requirements specified in sub-paragraph (3).
2
The matters that the claimant has to certify are —
a
that
i
except in a case to which the next sub-head applies, his liability to pay in respect of the dwelling of which he is a resident will be continuing for a period of not less than 4 weeks after the last day; or
ii
he has moved or is about to move to another dwelling (“the new dwelling”) of which he is or will be a resident, and the liability to pay in respect of the new dwelling, follows on immediately from his liability to make payments in respect of the previous dwelling and the liability to make such payments is for a period of not less than 4 weeks commencing on the day following the last day; and
b
in a case where sub-head (a)(ii) above applies, the address of that second dwelling and the date upon which he expects to or did become a resident in it; and
c
that he has or is about to —
i
commence remunerative work; or
ii
commence or increase the amount of work or the rate of remuneration for work,
so that he ceases to be entitled to income support, and that work or, as the case may be, increase is expected to last for 5 weeks or more.
3
The specified requirements are that —
a
the claimant is less than 60 years of age on the day following the relevant day;
b
the claimant makes the claim referred to in regulation 53A(1)(b) at either the appropriate social security office or the designated office of an appropriate authority within 8 days of the relevant day; and
c
it was the cessation of the entitlement certified under paragraph 2(a) or the occurrence of the condition specified in regulation 53A(3) that led to the termination of the relevant benefit period.
PART II
Calculation and payment of an extended payment
4
Except in the case of a mover, the amount of the extended payment shall be equal to the amount of council tax benefit allowed to the claimant for the last benefit week before the termination of the relevant benefit period.
Movers
5
In the case of a mover who claims an extended payment, the appropriate authority to whom the mover is liable to pay council tax in respect of the second dwelling shall, upon receiving the mover’s claim for an extended payment which meets the requirements of regulation 53A(1), allow an extended payment calculated in accordance with paragraph 6 to the mover.
6
In a case to which paragraph 5 applies —
a
the maximum council tax benefit of a mover shall be the amount of the council tax calculated in accordance with regulation 51, save that no deduction shall be made in respect of non-dependants, other than any that fall to be taken into account pursuant to sub-paragraph (b); and
b
the extended payment shall be by way of a discharge to the value of such part of 4 weeks liability to council tax, less, in a case where the rebate to which paragraph 4 refers was subject to any deductions in respect of non-dependants pursuant to regulations 51(1) and 52, the amount of those deductions.
PART III
Adjustment of entitlement in respect of an extended payment
7
Where an extended payment has been allowed and the person to whom it was made has also claimed council tax benefit for a period that includes any part of the 4 weeks immediately following the end of the relevant benefit period, the entitlement to council tax benefit, if any, of that claimant for council tax benefit, in respect of any or each of those weeks, shall be reduced by the amount that that extended payment has discharged his council tax liability, in respect of any such week.
PART IV
Interpretation
8
In this Schedule, except where the context otherwise requires —
“claimant” means a person claiming an extended payment;
“relevant trainee” means a person who is receiving both training and an allowance under arrangements made pursuant to section 2 of the Employment and Training Act 1973 or section 2 of the Enterprise and New Towns (Scotland) Act 1990 ;
“the last day” means the last day of the relevant benefit period;
“mover” means a claimant who changes the dwelling in which he is resident and in respect of which he is liable to pay council tax;
“the relevant benefit period” means the benefit period referred to in regulation 53A(1)(a);
“the relevant day” means the day on which the claimant’s entitlement to income support ceased; and
“second dwelling” means the dwelling in which a mover has certified he will be or is a resident pursuant to paragraph 3(2)(a)(ii).
.
Signed by authority of the Secretary of State for Social Security.
Roger Evans
Parliamentary Under-Secretary of State,
Department of Social Security
1st February 1996


text:
Citation and interpretation
1
This Order may be cited as the Pensions Act 1995 (Commencement No.6) Order 1996.
2
In this Order–
“ the Act ” means the Pensions Act 1995.
Commencement
3
Subject to article 4 below, section 167 of the Act shall come into force on the following dates:–
a
15th July 1996 but only for the purpose of bringing into force the provisions relating to the making of regulations in sections 10(8), (9) and (10) and 12A (8), (9) and (10) of Family Law (Scotland) Act 1985 ; and
b
19th August 1996, for all other purposes.
Savings
4
The coming into force of section 167 of the Act shall not affect any action for divorce commenced before 19th August 1996 or any action for declarator of nullity of marriage commenced before that date.
James Douglas-Hamilton
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
12th July 1996


text:
Title and commencement
1
This Order may be cited as the Plant Health (Forestry) (Great Britain) (Amendment) Order 1996 and shall come into force on 2nd April 1996.
Amendment of the Plant Health (Forestry) (Great Britain) Order 1993
2
The Plant Health (Forestry) (Great Britain) Order 1993 shall be amended in accordance with the provisions of articles 3 to 8 below.
3
In article 2(1) (interpretation) after the definition of “Directive 77/93/ EEC ” there shall be added the following definition —
“Directive 95/44/ EC ” means Commission Directive 95/44/EC establishing the conditions under which certain harmful organisms, plants, plant products and other objects listed in Annexes I to V to Council Directive 77/93/EEC may be introduced into or moved within the Community or certain protected zones thereof, for trial or scientific purposes and for work on varietal selections;
.
4
After article 28 there shall be added the following new article —
Licences for trial or scientific purposes and for work on varietal selections
28A
1
On receipt of an application containing the information set out in article 1(2) of Directive 95/44/EC and on being satisfied that the general conditions set out in Annex I to Directive 95/44/EC are fulfilled, the Commissioners shall by licence authorise the landing, movement or keeping of any tree pest or relevant material for activities for trial or scientific purposes or for work on varietal selections where such landing, movement or keeping would otherwise be prohibited by this Order, and it shall not be an offence to land, move or keep anything under the authority of such a licence.
2
A licence granted under paragraph (1) above shall be subject to —
a
the conditions laid down in article 2(2) of Directive 95/44/EC to the extent that they are relevant to any tree pest or relevant material that is the subject of the activities to which the licence relates;
b
such conditions specifying quarantine measures under paragraph 2(a) of Annex I to Directive 95/44/EC as the Commissioners may determine;
c
such conditions specifying further quarantine measures under paragraph 2(b) of Annex I to Directive 95/44/EC as the Commissioners may determine; and
d
such additional conditions as the Commissioners may specify.
3
At the conclusion of any activities to which a licence granted under paragraph (1) above relates the licensee shall —
a
subject to paragraph (4) below, destroy or sterilise any tree pest or relevant material that was the subject of the activities and any other relevant material which has come into contact with or which may have been contaminated by any such tree pest or relevant material; and
b
sterilise, or clean in such other manner as may be specified by an inspector, the premises and facilities at which the activities were undertaken.
4
An inspector may authorise the licensee to refrain from destroying any relevant material under paragraph (3)(a) above if he is satisfied that it has been subjected to appropriate quarantine measures and that it has been found by testing in such manner as may be specified by an inspector to be free from tree pests listed in this Order and from other tree pests considered by the inspector issuing the authority to pose a risk.
5
For the purposes of paragraph (2) above, references to the responsible official body in article 2(2) of, and Annex I to, Directive 95/44/EC shall be taken to refer to the Commissioners.
6
In paragraph (4) above “appropriate quarantine measures” means such quarantine measures as may be specified by an inspector.
.
5
In Parts B and C of Schedule 4 for the references to article 4(1) wherever they appear there shall be substituted references to article 4.
6
In Part B of Schedule 5 —
a
in column 4 opposite items numbers 1, 4, 5, 9, 10, 12, 13, 16, 17, 18, 19 and 29 there shall be deleted the word “Spain,”;
b
in column 4 opposite item number 2 there shall be deleted the word “Spain” and for the word “Jersey” there shall be substituted the words “the Channel Islands”;
c
in column 4 opposite items numbers 3, 11 and 21 there shall be deleted the words “Greece,” and “Spain,”;
d
for the words “conifers (Coniferales)” in column 2 opposite items numbers 9, 11 and 13 there shall be substituted the words “ Abies Mill., Larix Mill., Picea A. Dietr., Pinus L. and Pseudotsuga Carr.”;
e
for the words “conifers (Coniferales)” in column 2 opposite items numbers 10, 12, 14 and 15 there shall be substituted the words “ Abies Mill., Larix Mill., Picea A. Dietr. and Pinus L.”;
f
in column 4 opposite item number 28 there shall be inserted at the end the words “, France (Brittany), Finland and Sweden”.
7
In Schedule 6 there shall be inserted at the end the following —
; and
4
Greater London.
8
In Schedule 7 there shall be inserted at the end the following —
Council Decision 95/1/EC OJ No. L1, 1.1.95, p.1. Commission Directive 95/40/EC OJ No. L182, 2.8.95, p.14. Commission Directive 95/41/EC OJ No. L182, 2.8.95, p.17. Commission Directive 95/44/EC OJ No. L184, 3.8.95, p.34.
In witness whereof the Official Seal of the Forestry Commissioners is hereunto affixed on
T J D Rollinson
Secretary to the Forestry Commissioners
8th March 1996


text:
1
This Order may be cited as the Prevention of Terrorism (Temporary Provisions) Act 1984 (Jersey) (Revocation) Order 1996 and shall come into force on 1st July 1996.
2
The Prevention of Terrorism (Temporary Provisions) Act 1984 (Jersey) Order 1984 is hereby revoked.
N. H. Nicholls
Clerk of the Privy Council