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PART I
INTRODUCTION
Citation and commencement
1
1
These Regulations may be cited as the European Communities (Recognition of Professional Qualifications) (Second General System) Regulations 1996.
2
These Regulations shall come into force on 14th October 1996.
Application
2
1
Subject to paragraph (2) below, Parts II to V of these Regulations shall apply to the practice of a regulated profession whether in an employed or a self-employed capacity.
2
Parts II to V of these Regulations shall not apply to
a
any profession the mutual recognition of qualifications in which is the subject of one of the directives of the European Community listed in Part I of Schedule 1;
b
any activity the taking up or pursuit of which in a self-employed capacity or, as the case may be, a self-employed or employed capacity is the subject of one or more of the directives listed in Part II of Schedule 1;
c
any profession the taking up or pursuit of which is regulated pursuant to an instrument listed in Part III of Schedule 1.
Interpretation
3
1
In these Regulations, unless the context otherwise requires, the following words and phrases have the following meanings (and cognate expressions shall be construed accordingly) —
“adaptation period” has the meaning ascribed to it by Regulation 15(2);
“another relevant State” means a relevant State other than the United Kingdom;
“appeal body” means —
in relation to a profession listed in the first column of the table in paragraph 1 of Schedule 4 to the First General System Regulations , the body, court or person there specified;
in relation to a profession for the time being listed in Column 1 of the table in Schedule 3 to these Regulations, the body, court or person specified in Column 2 of that table;
in any other case, a county court or a sheriff court;
“aptitude test” has the meaning ascribed to it by Regulation 15(3);
“Attestation of Competence” has the meaning ascribed to it by Regulation 7;
“competent authority” has the meaning ascribed to it by Regulation 8;
“Certificate” has the meaning ascribed to it by Regulation 6;
“designated authority” has the meaning ascribed to it by Regulation 9;
“Diploma” means a First or Second General System Diploma;
“evidence of professional experience” has the meaning ascribed to it by Regulation 15(1);
“First General System Diploma” means a Diploma within the meaning of Regulation 2 of First General System Regulations;
“First General System Regulations” means the European Communities (Recognition of Professional Qualifications) Regulations 1991 ;
“holder” means a person to whom a competent authority has awarded evidence of education and training;
“home relevant State” means, as the case requires, the relevant State from which a migrant originates or comes or in which the migrant obtained his evidence of education and training or formerly practised;
“migrant” means a person seeking authorisation to practise pursuant to these Regulations who is a national of a relevant State and whose home relevant State in one or more of the senses of that expression, is not the United Kingdom;
“practice”, in relation to any regulated professional activity or regulated profession within the meaning of Regulation 4 includes —
the taking up or pursuit of that activity or that profession in a relevant State, whether in a self-employed capacity or as an employed person; and
in the course of such pursuit —
the use of a professional title or designatory letters; and
the enjoyment of the benefit of the status associated with membership of the profession;
“profession” includes occupation and trade;
“professional association” means an association or organisation, recognised in special form by a relevant State, the purpose of which is, in particular, to promote and maintain a high standard in the professional field with which it is concerned and which, to that end,
prescribes, and enforces respect within its membership for, rules of professional conduct; and
awards evidence of education and training to its members; and
confers on its members the right to use one or more professional titles, or designatory letters or to benefit from a status corresponding to that education and training;
“regulated education and training” has the meaning ascribed to it by Regulation 4(3);
“regulated profession” has the meaning ascribed to it by Regulation 4(1);
“regulated professional activity” has the meaning ascribed to it in Regulation 4(2);
“relevant State” means a member State, Iceland, Norway or Liechtenstein;
“Second General System Diploma” has the meaning ascribed to it by Regulation 5:
“third country” means a country other than a relevant State.
2
A reference in these Regulations to “the United Kingdom” shall, as the context requires, include a reference to any of the following: England and Wales, Scotland, and Northern Ireland.
3
In these Regulations, the expressions “ UK Diploma”, “UK Certificate”, “UK Attestation of Competence”, “UK attestation of general education” and “UK qualification” mean, respectively, the Diploma, Certificate, Attestation of Competence, attestation of general education or qualification to possession of which the practice of the regulated profession in question is subject in the United Kingdom.
4
For the purposes of these Regulations, an association or organisation established in the United Kingdom shall be taken to have been recognised in special form if the mode of its establishment was incorporation by Royal Charter.
5
Any reference in these Regulations to a numbered Regulation or Schedule is a reference to the Regulation or Schedule so numbered in these Regulations.
Regulated Profession, Regulated Professional Activity and Regulated Education and Training
4
1
For the purposes of these Regulations, a profession is regulated —
a
in the United Kingdom —
i
if it is, or a professional title or designatory letters associated with the pursuit of the profession is or are, listed in Schedule 1 to the First General System Regulations or in Schedule 2 to these Regulations; or
ii
at any time when it is not so listed, if and in so far as any professional activity or range of such activities which constitutes the profession is regulated within the meaning of paragraph (2) below;
b
in another relevant State if and in so far as any professional activity or range of such activities which constitutes the profession is regulated within the meaning of paragraph (2) below.
2
For the purposes of these Regulations, a professional activity is regulated in a relevant State if and in so far as —
a
the practice, or any mode of practice, of that activity in that relevant State is subject, directly or indirectly, by virtue of laws, regulations or administrative provisions, to the possession of evidence of education and training or an Attestation of Competence; or
b
it is practised under a professional title or designatory letters the use of which is reserved to holders of evidence of education and training or an Attestation of Competence governed by laws, regulations or administrative provisions; or
c
it relates to health and the remuneration or reimbursement received for the practice of the activity in the relevant State in question is, by virtue of national arrangements for the administration of social security, subject to the possession of evidence of education and training or an Attestation of Competence; or
d
it is practised by members of a professional association.
3
For the purposes of these Regulations, education and training is regulated if —
a
it is listed in Schedule 6; or
b
it is specifically geared to the pursuit of a given profession in a relevant State, and comprises a course or courses complemented where appropriate by professional training or probationary or professional practice the structure and level of which are determined by the laws regulations or administrative provisions of that relevant State or which are monitored or approved by the competent authority.
Definition of “Second General System Diploma”
5
1
In these Regulations, “Second General System Diploma” means any evidence of education and training received in accordance with paragraph (3) below, or any set of such evidence, which has been awarded by a competent authority in a relevant State and which shows that the holder has successfully completed either —
a
a post-secondary course such as is described in paragraph (4) below and the professional training which may be required in addition to that course, or
b
one of the courses listed in Schedule 5
and has the professional qualifications required for the practice of a regulated profession in that relevant State.
2
Any evidence of education and training, or any set of such evidence, which has been awarded by a competent authority in a relevant State and which
a
shows that the holder has successfully completed education and training received in the Community and recognised by a competent authority in that relevant State as being at a level equivalent to education and training satisfying paragraph (1) above and
b
confers the same rights in respect of the practice of the regulated profession in that relevant State
shall, for the purposes of these regulations, be treated in the same way as a Second General System Diploma.
3
The education and training referred to in paragraph (1) above will have been received wholly or mainly
a
in the Community or
b
outside the Community at teaching establishments which provide education and training in accordance with the laws regulations or administrative provisions of a relevant State or
c
if neither (a) nor (b) is the case, in a third country, provided that the holder has at least three years' professional experience certified by a relevant State which recognised evidence of education and training from that country.
4
A post-secondary course of the kind referred to in paragraph (1) above will have been one
a
which, if pursued full-time, was of at least one year’s duration or, if pursued part-time, was of equivalent duration, and
b
one of the conditions of entry of which is, as a general rule, the successful completion of the secondary course required to obtain entry to university or higher education,
but will not have been a course of three or more years' duration if pursued full-time, or of an equivalent duration if pursued part-time, completed at a university or establishment of higher education or another establishment of similar level.
Definition of “Certificate”
6
1
In these Regulations, “Certificate” means any evidence of education and training received in accordance with paragraph (3) below, or any set of such evidence, which has been awarded by a competent authority in a relevant State and which shows that the holder either
a
followed a secondary course of a technical or vocational nature of a kind which renders it unnecessary to complete any further course of education and training of the kind described in paragraph (4) or probationary or professional practice, or
b
in any other case, after having followed a secondary course has completed either
i
a course of education and training such as is described in paragraph (4) and, where appropriate, the probationary or professional practice which may be required in addition to that course, or
ii
the probationary or professional practice required in addition to the secondary course;
and that the holder has the professional qualifications required for the practice of a regulated profession in that relevant State.
2
The education and training referred to in paragraph (1) above will have been received wholly or mainly
a
in the Community or
b
outside the Community at teaching establishments which provide education and training in accordance with the laws regulations or administrative provisions of a relevant State or otherwise
c
in a third country, provided that the holder has at least two years' professional experience certified by a relevant State which recognised evidence of education and training from that country.
3
A course of education and training of the kind referred to in paragraph (1)(a) or (1)(b) above will have been provided either —
a
at an educational or training establishment or
b
on the job or
c
in a combination of (a) and (b)
but will not be a post-secondary course of the kind evidenced by a First or a Second General System Diploma.
4
Any evidence of education and training, or any set of such evidence, which has been awarded by a competent authority in a relevant State and which
a
shows that the holder has successfully completed education and training received in the Community and recognised by a competent authority in that relevant State as being of equivalent level to education and training satisfying paragraph (1) above, and
b
confers the same rights in respect of the practice of the regulated profession in that relevant State
shall, for the purposes of these regulations, be treated in the same way as a Certificate.
Definition of “Attestation of Competence”
7
1
In these Regulations, an “Attestation of Competence” means any evidence of qualifications either
a
attesting to education and training not forming part of a set constituting a First General System Diploma or a Second General System Diploma or a Certificate or
b
awarded following an assessment of the holder by reference to the personal qualities, aptitudes or knowledge which a competent authority considers essential for the pursuit of a profession, without proof of prior education and training being required.
PART II
ADMINISTRATION
Competent authority
8
1
For the purposes of these Regulations, the expression “competent authority” means
a
in relation to
i
any document (including any evidence of education and training or any set of such evidence), statement, attestation or notification,
ii
subject to sub-paragraph (b), below, any function of deciding, recognising, monitoring or approving,
the authority, body or person in the relevant State in question authorised to issue, make, award or give such document, statement, attestation or notification or invested with such function under the laws regulations or administrative provisions of that State;
b
in relation to any profession which is regulated in a relevant State, the person, body or authority in that relevant State invested by any enactment, rule of law, charter, by-law or other rule (however described) governing the conduct of the profession or activity, with the function —
i
of authorising the practice of the profession in that State or,
ii
if no person, body or authority has that function in the case in question, of conferring membership of the professional association for the professional field concerned or the right to the use of certain professional titles or designatory letters or other benefits of such membership.
2
For the purposes of paragraph (1) above, if in a relevant State a profession is regulated by different persons, bodies or authorities for different parts of the relevant State, the competent authority for that relevant State shall be the person, body or authority which has the function in question for the part of the relevant State in respect of which the identity of the competent authority falls to be determined.
Designated Authorities
9
1
For the purposes of these Regulations, the following shall be regarded as the designated authorities for their profession —
a
in respect of any profession for the time being listed in Schedule 1 to the First General System Regulations, the person, body or authority there specified as the designated authority in relation to that profession;
b
in respect of any profession for the time being listed in Part I of Schedule 2 to these Regulations, the person, body or authority there specified as the designated authority in relation to that profession or activity;
c
in respect of any professional title or designatory letters listed for the time being in Part II of Schedule 2 to these regulations, the person, body or authority there specified as the designated authority in relation to that title or those letters.
2
If at any time a profession is regulated within the United Kingdom, or a part of it, but is not listed in one of the ways mentioned in paragraph (1), the designated authority in respect of that profession or, as the case may be, professional activity shall be the competent authority, determined in accordance with Regulation 8(1)(b).
10
1
Without prejudice to its other powers and functions, a designated authority shall have the functions of considering applications and granting authorisations under these Regulations.
2
If, for purposes other than those of these Regulations, a designated authority has as its function or one of its functions the conferring of a professional title or designatory letters then for the purposes of paragraph (1) above as it affects that body the function of authorising the practice of a profession or activity shall include the authorising of the use of that professional title or those designatory letters.
3
Nothing in this Regulation shall be taken to require a designated authority to authorise the practice of any profession save in so far as it has that function in relation to the holders of the relevant UK qualification.
PART III
RIGHT TO PRACTISE IN THE UNITED KINGDOM
11
1
This Regulation applies in any case in which the practice of a profession in the United Kingdom is subject to the possession of a Diploma one of the conditions for the issue of which is the completion of a post-secondary course of four years' duration or less.
2
Subject to paragraph (3) below, the designated authority for a profession may not, on the grounds of inadequate qualifications, refuse to authorise a migrant to practise the profession on the same conditions as those which apply to holders of the required UK Diploma —
a
in the case of in which the UK Diploma is a First General System Diploma, if any one of paragraphs 1(a) or (b) or 2 of Schedule 4 applies;
b
in the case in which the UK Diploma is a Second General System Diploma, if any one of paragraphs 1 to 3 of that Schedule applies.
3
The requirement in paragraph (2) to authorise on the same conditions as those which apply to a holder of the required UK Diploma shall not restrict the right of the designated authority, in the circumstances and on the conditions laid down in Part IV of these Regulations to require a migrant —
a
to provide evidence of professional experience, or
b
successfully to complete an adaptation period, or
c
to take and pass an aptitude test.
12
1
This Regulation applies in any case in which the practice of a profession in the United Kingdom is subject to the possession of a Certificate.
2
Subject to paragraph (3), the designated authority for a profession may not, on the grounds of inadequate qualifications, refuse to authorise a migrant to practise the profession on the same conditions as those which apply to holders of the required UK Certificate if any one of paragraphs 1, 4 or 5 of Schedule 4 applies.
3
The requirement in paragraph (2) to authorise on the same conditions as those which apply to a holder of the required UK Certificate shall not restrict the right of the designated authority, in the circumstances and on the conditions laid down in Part IV of these Regulations, to require a migrant —
a
successfully to complete an adaptation period, or
b
to take and pass an aptitude test.
13
1
This Regulation applies in any case in which the practice of a profession in the United Kingdom is subject to the possession of an Attestation of Competence.
2
Subject to paragraph (3) below, the designated authority for a profession may not, on the grounds of inadequate qualifications, refuse to authorise a migrant to practise the profession on the same conditions as those which apply to holders of the required UK Attestation of Competence —
a
if the migrant holds at least the Attestation of Competence required in another relevant State for the practice of the same profession, or
b
if the applicant provides proof of other qualifications obtained in other relevant States.
3
The designated authority shall be entitled to satisfy itself that the Attestation of Competence or, as the case may be, other qualifications presented by the migrant are the equivalent of the UK Attestation of Competence in terms of the guarantees (in particular in the matter of health, safety, environmental protection and consumer protection) required of those practising the profession in the United Kingdom by laws, regulations or administrative provisions.
4
In any case in which the designated authority cannot reasonably satisfy itself in the terms of paragraph (3) as to the equivalence of the Attestation of Competence presented by the migrant, the migrant shall be required to comply with such domestic requirements for authorisation as have been laid down for the practice of the profession.
14
1
This Regulation applies in any case in which the practice of a profession is subject only to the possession of evidence of education attesting to general education at primary or secondary school level.
2
The designated authority for a profession may not, on the grounds of inadequate qualifications, refuse to authorise a migrant to practise the profession on the same conditions as those which apply to holders of evidence of the required UK attestation of general education if the migrant possesses formal qualifications of the corresponding level or higher satisfying the requirements of paragraph (3) below.
3
The formal qualifications will satisfy the requirements of this paragraph if they have been awarded by the competent authority in another relevant State.
PART IV
REQUIREMENTS OF EVIDENCE OF PROFESSIONAL EXPERIENCE, ADAP TATION PERIODS AND APTITUDE TESTS
Meaning of evidence of professional experience, adaptation period and aptitude test
15
1
Evidence of professional experience means evidence of the actual and lawful pursuit in a relevant State of a profession corresponding to the regulated profession which the migrant seeks to take up or pursue in the United Kingdom.
2
An adaptation period means, in relation to the regulated profession which the migrant seeks to take up or pursue in the United Kingdom, a period of pursuit of the profession under the supervision of a qualified member of the profession, with or without the undertaking of further education and training with the aim of assessing the ability of the migrant to pursue that profession in the United Kingdom.
3
An aptitude test means, in relation to the regulated profession which the migrant seeks to take up or pursue in the United Kingdom, a test of the migrant’s professional knowledge conducted by the designated authority for the profession with the aim of assessing the ability of the migrant to pursue that profession in the United Kingdom.
Choice of evidence of professional experience, adaptation period or aptitude test
16
1
A designated authority may not in any case in which a migrant had made application to take up or pursue a regulated profession require the migrant to comply with more than one of the following requirements, that is to say —
i
to produce evidence of professional experience;
ii
successfully to complete an adaptation period;
iii
to take and pass an aptitude test.
2
A designated authority wishing to apply to a migrant a requirement either to complete an adaptation period or to take an aptitude test shall, except in a case provided for as an exception by Regulation 6(2) of, and Schedule 3 to, the First General System Regulations or by paragraph (3) below, afford the migrant the right to choose between them.
3
In the case of a profession listed in the first column of the table in Schedule 7 the requirement shall be as specified in the second column of that table.
Circumstances in which evidence of professional experience may be required
17
1
Evidence of professional experience may only be required in a case where the duration of education and training adduced by a migrant in support of his application is at least one year less than the duration required of holders of UK Diplomas.
2
Paragraph (1) not withstanding, evidence of professional experience may not be required in a case in which the migrant holds either —
i
a First General System Diploma or
ii
a Second General System Diploma evidencing education and training of the kind described in Regulation 5(1)(a) above
if the UK Diploma or evidence of education and training required by the designated authority attests to one of the courses of education and training listed in Part II of Schedule 5.
Conditions affecting the requirement of evidence of professional experience
18
1
The period of professional experience evidence of which may be required of a migrant shall not exceed the shorter of —
i
in a case in which the shortfall between the duration of the education and training required by the designated authority and the duration of the education and training evidence of which has been adduced by the migrant (“the shortfall”) relates to a post-secondary course, or to a period of probationary practice carried out under the supervision of a qualified member of the profession and ending with an examination, or to both, a period twice the duration of the shortfall;
ii
in a case in which the shortfall relates to practice of the profession acquired with the assistance of a qualified member of the profession, a period equal to the shortfall;
iii
four years.
2
For the purposes of paragraph (1) above, in a case in which the UK Diploma evidences a course of education and training listed in Part II of Schedule 5 and in which the migrant’s claim to recognition rests on paragraphs 9 of Schedule 4, the duration of the education and training of which evidence has been adduced by the migrant shall be taken to be the duration of the post-secondary education and training of which it is the recognised equivalent.
3
In a case in which, during the previous ten years, the migrant has pursued the profession either full-time for at least two years or part-time for an equivalent period in another relevant State which does not regulate the profession, the period of professional experience of which evidence may be required under paragraph (1) shall be reduced by the duration of that pursuit.
Circumstances in which an adaptation period or an aptitude test may be required
19
1
In a case falling within Regulation 12 and in which a migrant’s claim to recognition of his right to practice depends upon his ability to meet the requirements of paragraph 1 or 4 of Schedule 4, a designated authority may only apply to the migrant a requirement to complete an adaptation period or to take an aptitude test if either
i
although the fields of activity of the profession in the relevant State in which the migrant obtained his qualification and in the United Kingdom are broadly comparable, the education and training which the migrant received in relation to theoretical or practical matters, taken as a whole, differs substantially in coverage from that which is evidenced by the UK Certificate; or
ii
the fields of activity of the profession in the relevant State in which the migrant obtained his qualification and in the United Kingdom differ and those differences are reflected in substantial differences in education and training in relation to theoretical or practical matters.
2
In a case falling within Regulation 12 and in which a migrant’s claim to recognition of his right to practise depends upon his ability to meet the requirements of paragraph 5 of Schedule 4, a designated authority may apply to the migrant a requirement to complete an adaptation period or to take an aptitude test.
20
1
In a case falling within Regulation 11 other than one in which a migrant’s claim for recognition depends upon his ability to meet the requirements of paragraph 1(c) of Schedule 4, a designated authority may only apply to the migrant a requirement to complete an adaptation period or to take an aptitude test if either —
i
although the fields of activity of the profession in the relevant State in which the migrant obtained his qualification and in the United Kingdom are broadly comparable, the education and training relating to theoretical, or practical, or theoretical and practical matters received by the migrant differs substantially in coverage from that which is evidenced by the required UK Diploma; or
ii
in a case in which the migrant meets the requirements of paragraph 1(a) or (b) of Schedule 4, one or more of the regulated professional activities which form the profession in the United Kingdom is or are not included in the regulated profession in the relevant State in which the migrant obtained his qualification and the omission is reflected in substantial differences in education and training in relation to theoretical, or practical, or theoretical and practical matters evidenced by the Diploma held by the migrant on the one hand and the required UK Diploma on the other;
iii
in any other case, one or more of the regulated professional activities which form the profession in the United Kingdom is or are not included in the profession in the relevant State in which the migrant obtained his qualification and the omission is reflected in substantial differences in education and training in relation to theoretical, or practical, or theoretical and practical matters of which evidence is held by the migrant on the one hand and evidenced by the required UK Diploma on the other.
2
In a case falling within Regulation 11 and in which a migrant’s claim to recognition of his right to practise depends upon his ability to meet the requirements of paragraph 1(c) of Schedule 4, a designated authority may apply to the migrant a requirement to complete an adaptation period or to take an aptitude test.
Conditions affecting the requirement to complete an adaptation period
21
1
The adaptation period shall be the subject of an assessment.
2
Subject to paragraph (3) below, the designated authority shall lay down the detailed rules governing
i
the length of the period and
ii
the form of the assessment
and in any case in which the choice between an adaptation period and an aptitude test rests with the migrant shall notify the migrant of the rules in advance of the migrant’s exercise of that choice.
3
The adaptation period shall not exceed
i
2 years in duration, in a case falling within Regulation 19;
ii
3 years in duration, in a case falling within Regulation 20.
Conditions affecting the requirement to take an aptitude test
22
1
A designated authority wishing to apply to a migrant the requirement to take an aptitude test shall draw up a list of subjects which, on the basis of a comparison between the education and training required for the practice of the profession by a holder of a UK Diploma or, as the case may be, UK Certificate and the education and training received by the migrant have not been covered by the education and training evidence of which has been produced by the migrant and in any case in which the choice between an adaptation period and an aptitude test rests with the migrant shall notify the migrant of the contents of the list in advance of his exercise of his choice.
2
The subjects listed pursuant to paragraph (1) above may cover theoretical knowledge and practical skills required for the pursuit of the profession.
3
Subject to paragraphs (4) and (5) below, the detailed application of the aptitude test shall be determined by the designated authority and in any case in which the choice between an adaptation period and an aptitude test rests with the migrant shall be notified to the migrant in advance of his exercise of his choice.
4
The aptitude test shall only consist of
i
subjects selected from the list drawn up pursuant to paragraph (1), knowledge of which is essential to the pursuit of the profession within the United Kingdom; and
ii
if required, a test of the migrant’s knowledge of the professional rules applicable to the activities in question in the United Kingdom.
5
In setting the aptitude test the designated authority shall take appropriate account of the migrant’s status as a qualified professional in the home relevant State.
PART
ANCILLARY PROVISIONS
Evidence from competent authorities
23
1
A designated authority shall, in connection with any matter requiring to be established pursuant to Parts III and IV , accept as sufficient evidence thereof the documents duly issued by a competent authority of the appropriate relevant State for the purpose of attesting such matters.
2
A designated authority which —
i
requires of an applicant for authorisation to practice proof that he is of good character or repute, or that he has not been declared or adjudged bankrupt, or had a bankruptcy or similar order made against him or in relation to his estate; or
ii
suspends or prohibits practice in the event of serious professional misconduct or the commission of a criminal offence;
shall, in respect of a migrant, accept as sufficient evidence in relation to the foregoing the documents duly issued by the competent authorities of the home relevant State showing, in the case of (i) above, that the relevant conditions are met, or, in the case of (ii) above, that the migrant has committed no such misconduct or offence.
3
In any case in which the competent authorities do not issue such documents as may be required under paragraph (2), the designated authority shall, subject to paragraph (4) below, accept in the place of such documents a declaration or oath or solemn declaration to the required effect, made by the migrant before a competent judicial or administrative authority or (where appropriate) a notary or duly qualified professional body of the home relevant State;
4
A declaration for the purposes of paragraph (3) above shall only be required to be accepted if it is accompanied by written confirmation of its authenticity issued by the authority, notary or body.
5
A designated authority which requires of persons wishing to practise a statement of physical or mental health, shall accept as sufficient evidence thereof the documents required for such a purpose in the home relevant State.
6
In any case in which the competent authority of the migrant’s home relevant State does not impose the requirement referred to in paragraph (5) above, the designated authority shall accept a statement issued by a competent authority there which corresponds to the statement issued for that purpose in the United Kingdom.
7
A designated authority may require any document or statement referred to in paragraph (2), (3), (5) or (6) of this regulation to be presented no more than three months after the date of its issue.
8
Where a designated authority requires applicants to take an oath or make a solemn declaration, the form of which is such that it cannot be taken or made by nationals of another relevant State, it shall ensure that an appropriate equivalent form of oath or declaration is available for those nationals.
Use of professional title
24
1
A migrant who has been granted authorisation to practise a regulated profession pursuant to these Regulations shall have the right to use —
i
the professional title and designatory letters applicable to that profession in the United Kingdom; and
ii
the lawful academic title (and where appropriate the abbreviation thereof) acquired by him in the relevant State in which he qualified and in the language of that State.
2
Where the migrant makes use of the possibility provided for in sub-paragraph (1)(ii) of this Regulation, the designated authority may require that the title shall be followed by the name and location of the establishment or examining board which awarded it.
3
Where the migrant makes use of the possibility provided for in sub-paragraph (1)(i) of this Regulation, and either
a
the professional title or designatory letters appear in Part 2 of Schedule 1 to the First General System Regulations or Part II of Schedule 2 to these Regulations or
b
they do not so appear but the profession is regulated by a professional association
he shall only be entitled to use the professional title or designatory letters on proof of membership of the professional association.
4
Where membership of a professional association is subject to any qualification requirements, such requirements may be applied to a migrant whose evidence of education and training satisfies the relevant provisions of Schedule 4 only so far as they are consistent with the provisions of these Regulations.
Decisions of designated authorities and appeals
25
1
The designated authority to which a migrant applies for authorisation to practise shall consider the migrant’s application as soon as is reasonably practicable, and shall notify him of its decision together with the reasons upon which it is based within four months of receipt of all the relevant documents.
2
The migrant may appeal —
a
against the decision of the designated authority referred to in paragraph (1) above, or
b
in a case in which the period of four months mentioned in paragraph 1 above has expired without the notification referred to, in respect of the failure of such authority to make a decision
to the appeal body for the profession provided that such appeal is lodged within three months of the notification to him of the designated authority’s decision, or of the expiry, without a decision being notified to him, of the period laid down in paragraph (1) or thereafter with leave of the appeal body.
3
The appeal body for a profession may, for the purpose of determining any appeal under these Regulations against the decision of a designated authority —
a
give any authorisation to practise and impose any condition which the designated authority could give or impose in relation to that profession; or
b
remit the matter to the designated authority with such directions as the appeal body sees fit.
4
Without prejudice to any powers of the Court of Session in Scotland to regulate the proceedings of itself and those of the sheriff courts, an appeal body in England and Wales or Northern Ireland may make rules of procedure governing the hearing and determination of any appeal under these Regulations against the decision of a designated authority. Such rules may make different provision for different cases.
Information from designated authorities and competent authorities
26
Designated authorities shall provide the Secretary of State with such information (including statistical information) as she may require concerning applications made and decisions taken under these Regulations.
27
Any authority, body or person who is the competent authority in respect of information or evidence sought by the holder of a UK qualification in support of his application to practise a profession in another relevant State which regulates that profession shall, as soon as is reasonably practicable following the request of the holder, produce to the holder such information and evidence as the holder reasonably requires to that end.
Signed by order of the Secretary of State.
Cheryl Gillan
Parliamentary Under Secretary of State,
Department for Education and Employment
9th September 1996


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Air Force Act 1955 (Isle of Man) Order 1996 and shall come into force on 1st June 1996.
2
1
The Air Force Act 1955 ( “the 1955 Act”) shall have effect in the Isle of Man subject to the modifications specified in Part I of the Schedule to this Order.
2
Section 10 and Part III of the Armed Forces Act 1991 shall have effect in the Isle of Man subject to the modifications specified in Part II of the Schedule to this Order.
3
In relation to any reference to a law for the time being in force in the Isle of Man, the modifications made by this Order have effect for all purposes of the 1955 Act (and not only in the application of that Act to the Isle of Man).
N. H. Nicholls
Clerk of the Privy Council


text:
1
This Instrument may be cited as “the Leeds City Council (A64(M) Motorway Slip Road at Mabgate) Scheme 1995 Confirmation Instrument 1996” and shall come into force on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
2
The Leeds City Council of (A64(M) Motorway Slip Road at Mabgate) Scheme 1995 (“the Scheme”) is hereby confirmed without modifications.
3
The Scheme as confirmed is set out in the Schedule hereto (including the plan) and copies of the Scheme with its accompanying plan are deposited at the offices of the Secretary of State for Transport and at the offices of the Leeds City Council, Director of Legal Services, Room 213, Civic Hall, Leeds LS1 1UR.
Signed by authority of the Secretary of State for Transport
Pamela Denham
Regional Director, Government Office for the North East
16th October 1996


text:
Citation
1
This Order may be cited as the Environment Act 1995 (Commencement No. 8 and Saving Provisions) Order 1996.
Provisions coming into force on 21st November 1996
2
Section 120(1) of the Environment Act 1995 shall come into force on 21st November 1996 in so far as it relates to paragraphs 142, 143, 169, 170 and 183 of Schedule 22 in so far as the amendments made by those provisions confer any power to make regulations.
Provisions coming into force on 31st December 1996
3
Subject to article 4, the following provisions of the Environment Act 1995 shall come into force on 31st December 1996 —
section 120(1) in so far as it relates to paragraphs 142, 143, 169, 170 and 183 of Schedule 22 in so far as those paragraphs are not already in force; and
section 120(3) in so far as it relates to the repeals made in Schedule 24 in relation to sections 91 and 190(1) of the Water Resources Act 1991 .
Saving provisions
4
1
Nothing in this Order shall affect —
a
the application of —
i
paragraphs 1 to 5 of Schedule 10 to the Water Resources Act 1991 as originally enacted or as modified by the Control of Pollution (Discharges by the National Rivers Authority) Regulations 1989 ; and
ii
regulations 2 to 6 of the Control of Pollution (Consents for Discharges etc. ) (Secretary of State Functions) Regulations 1989 ,
in relation to any application made under paragraph 1 of that Schedule (applications for discharge consents) before 31st December 1996 or any consent given under paragraph 5 of that Schedule (discharge consents granted without applications) before that date;
b
the application of section 91 of the Water Resources Act 1991 as originally enacted (appeals in respect of consents under Chapter II of Part III of that Act), and regulations 2 and 7 of the Control of Pollution (Consents for Discharges etc.) (Secretary of State Functions) Regulations 1989, in relation to any appeal under that section made in relation to a decision taken before 31st December 1996;
c
the power to amend or revoke any of the regulations mentioned in sub-paragraph (a) or (b) above.
2
Paragraph (1)(a) above shall not apply in relation to an application made under paragraph 1 of Schedule 10 to the Water Resources Act 1991 before 31st December 1996 if —
a
the application relates to discharges of a kind which the applicant, or a predecessor of his, was authorised to make by virtue of a consent to which paragraph 21 of Schedule 23 to the Environment Act 1995 (transitional provisions in relation to discharge consents) applied; and
b
notice in accordance with sub-paragraph (2)(b)(ii) of that paragraph was not given by him or his predecessor.
Signed by authority of the Secretary of State for the Environment
Robert Jones
Minister of State,
Department of the Environment
20th November 1996


text:
1
This Order may be cited as the Salford College of Technology Higher Education Corporation (Dissolution) Order 1996 and shall come into force on 1st August 1996.
2
In this Order —
“ the Act ” means the Education Reform Act 1988; and
“the corporation” means Salford College of Technology higher education corporation.
3
1
The corporation is dissolved.
2
The property, rights and liabilities of the corporation, other than rights and liabilities under any contract of employment, are transferred to and vest in the University of Salford.
4
Section 127 of the Act shall apply in respect of any person employed immediately before 1st August 1996 by the corporation to work solely at the institution conducted by the corporation as if the reference in that section —
a
to the transfer date were to 1st August 1996;
b
to the transferor authority were to the corporation; and
c
to the corporation were to the University of Salford.
Eric Forth
Minister of State,
Department for Education and Employment
8th July 1996


text:
Citation, commencement and interpretation
1
This Order may be cited as the Royal Free Hampstead National Health Service Trust (Amendment) Order 1996 and shall come into force on 1st April 1996.
Amendment of Establishment Order
2
In Article 3(2) of the Royal Free Hampstead National Health Service Trust (Establishment) Order 1990 (functions of the trust), paragraph (a) is amended as follows: —
a
after “London NW3 2QG and”, there is inserted, “the Royal Throat, Nose and Ear Hospital, Gray’s Inn Road, London WC1X 8DA”, and
b
for “its teaching and research facilities”, there is substituted, “teaching and research facilities”.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State,
Department of Health
19th March 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Authorities for the Ashworth, Broadmoor and Rampton Hospitals (Establishment and Constitution) Order 1996 and shall come into force on 1st April 1996.
2
In this Order —
“Authority” unless the context otherwise requires, means a Special Health Authority established by this Order;
“direct” and “directions” refer to directions given in exercise of a power conferred by the National Health Service Act 1977;
“the Schedule” means the Schedule to this Order.
Establishment of the Authorities
2
There are hereby established three Special Health Authorities which shall be known by the names specified in column (1) of the Schedule.
Functions of the Authorities
3
Subject to and in accordance with such directions as the Secretary of State may give to it, each Authority specified in column (1) of the Schedule shall perform on behalf of the Secretary of State such functions relating to the special hospital specified opposite its name in column (2) of that Schedule as the Secretary of State may direct it by regulations to perform on his behalf.
Constitution
4
1
Each Authority shall consist of a chairman and eight or ten other members.
2
The chairman shall not be an officer of the Authority.
3
The other members shall comprise an equal number of persons who are, and persons who are not, officers of the Authority.
4
The members who are officers of the Authority shall include —
a
the chief executive;
b
the director of finance;
c
a registered medical practitioner; and
d
a registered nurse.
5
Where more than one person is appointed jointly to an office in an Authority in relation to which an officer member is to be appointed, those persons shall become or be appointed as an officer member jointly, and shall count as one person for the purposes of this article.
Remuneration of members
5
Each Authority is specified for the purposes of paragraph 9(7)(b) of Schedule 5 to the National Health Service Act 1977.
Signed by authority of the Secretary of State for Health
John Bowis
Parliamentary Under Secretary of State,
Department of Health
29th February 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the West Wales Ambulance National Health Service Trust (Transfer of Trust Property) Order 1996 and shall come into force on 1st April 1996.
2
In this Order —
“the Authority” means Dyfed Health Authority;
“the Trust” means the West Wales Ambulance National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 16th January 1996, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of Trust Property
2
On 1st April 1996 the trust property shall be transferred from the Authority to the Trust.
William Hague
Secretary of State for Wales
5th March 1996


text:
Title and commencement
1
These Regulations may be cited as the Feeding Stuffs (Amendment) Regulations 1996 and shall come into force on the following dates:
a
regulations 1 to 8(a) and 10 and Schedule 2 on 1st June 1996;
b
regulations 8(b) and 9 and Schedule 1 on 31st July 1996.
Amendment of the Feeding Stuffs Regulations 1995
2
The Feeding Stuffs Regulations 1995 shall be amended in accordance with regulations 3 – 10 below.
3
In regulation 2(1), after the definition of “daily ration”there shall be inserted the following definitions —
“ EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as amended by the Protocol signed at Brussels on 17th March 1993;
“EEA State” means a State which is a Contracting Party to the EEA Agreement; .
4
For regulation 10 there shall be substituted the following regulation:
10
For the purposes of section 74, the limits of variation in relation to any mis-statement in a statutory statement or mark as to the nature, substance or quality of a feeding stuff, where the mis-statement relates to —
a
an analytical constituent specified in the first column of any of Parts A to D of Schedule 3, or
b
energy value of a feeding stuff specified in the first column of Part E of that Schedule,
shall be as set out with respect to that constituent or feeding stuff in the corresponding entry in the second column of the relevant Part of that Schedule.
.
5
In regulation 15 —
a
in each of paragraphs (3), (4) and (6), for the words “a Member State of the European Community”there shall be substituted the words “an EEA State”;
b
for paragraph (11)(b) there shall be substituted the following sub-paragraph:
b
hide treated with tanning substances and its waste;
;
c
in paragraph (12), after the expression “Council Directive 75/442/ EEC ” there shall be added the words “on waste, as amended by Council Directive 91/156/EEC ” .
6
In regulation 22(1)(a), after the figure “70”, there shall be inserted the figure “73,”.
7
In Part C of Schedule 3 (“OTHER FEEDING STUFFS NOT COVERED BY PARTS A OR B”), for the provisions in the second column relating to the analytical constituent “Acid index” there shall be substituted the following provisions:
If present in excess —
1.5 for declarations of 15% or more
10% of the amount stated for declarations of 2% or more but less than 15%
0.2 for declarations less than 2%
.
8
In Schedule 4 —
a
in Part II (“PERMITTED COLOURANTS”) —
i
for the provisions in Columns 1 to 3 relating to the names or descriptions “Carotenoids and xanthophylls” and “Capsanthin” there shall be substituted the following provisions:
E 160c 1. Carotenoids and xanthophylls: Capsanthin C 40 H 56 O 3
ii
for the provisions in Column 2 relating to item 3 there shall be substituted the following provisions:
All colourants (other than Patent Blue V and Acid Brilliant Green BS ) at present permitted for use in human food by European Community legislation, as implemented by Regulations made under the Food Safety Act 1990 ;
b
in Part VI (“TRACE ELEMENTS”), for the provisions relating to the element Iodine-I there shall be substituted the contents of Schedule 1 to these Regulations.
9
In the provisions relating to the substance Aflatoxin B1 in Chapter B in Part I of Schedule 5 (“FEEDING STUFFS”), for the provisions in columns 2 and 3 relating to complete feeding stuffs for cattle, sheep and goats (except dairy animals, calves, lambs and kids) there shall be substituted the following provisions:
Complete feeding stuffs for cattle, sheep and goats except: 0.05 — dairy cattle 0.005 — calves and lambs 0.01
10
In Schedule 7 (“CONTROL OF CERTAIN PROTEIN SOURCES”) —
a
after the provisions relating to item 1.1.1. (“Bacteria cultivated on methanol”) there shall be inserted the contents of Schedule 2 to these Regulations; and
b
for the provisions in Column 5 relating to item 3.2.2 (“Concentrated liquid L-Lysine (base)”) there shall be substituted the following provisions:
L-Lysine:
min 50%
.
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
22nd April 1996
Lindsay
Parliamentary Under Secretary of State, Scottish Office
15th April 1996
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
16th April 1996


text:
Citation, commencement and extent
1
These Regulations may be cited as the Protection of Water Against Agricultural Nitrate Pollution (England and Wales) Regulations 1996, shall come into force on 17th April 1996 and shall extend to England and Wales.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“action programme” means an action programme established in accordance with regulation 6;
“the Agency” means the Environment Agency;
“chemical fertiliser” means any fertiliser which is manufactured by an industrial process;
“the Directive” means Council Directive 91/676/ EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources ;
“eutrophication” means the enrichment of water by nitrogen compounds, causing an accelerated growth of algae and higher forms of plant life to produce an undesirable disturbance to the balance of organisms present in the water and to the quality of the water concerned;
“fertiliser” means any substance containing a nitrogen compound or nitrogen compounds utilised on land to enhance growth of vegetation, and may include livestock manure, the residues from fish farms and sewage sludge;
“freshwater” means naturally occurring water having a low concentration of salts, which is often acceptable as suitable for abstraction and treatment to produce drinking water;
“groundwater” means all water which is below the surface of the ground in the saturation zone and in direct contact with the ground or subsoil;
“land application” means the addition of materials to land whether by spreading on the surface of the land, injection into the land, placing below the surface of the land or mixing with the surface layers of the land;
“livestock” means all animals kept for use or profit;
“livestock manure” means waste products excreted by livestock or a mixture of litter and waste products excreted by livestock, even in processed form;
“nitrate vulnerable zone” has the meaning given by regulation 3;
“nitrogen compound” means any nitrogen-containing substance except for gaseous molecular nitrogen;
“the Objectives” means the objectives specified in Article 1 of the Directive, that is to say —
reducing water pollution caused or induced by nitrates from agricultural sources; and
preventing further such pollution;
“pollution” means the discharge, directly or indirectly, of nitrogen compounds from agricultural sources into the aquatic environment, the results of which are such as to cause hazards to human health, harm to living resources and to aquatic ecosystems, damage to amenities or interference with other legitimate uses of water;
“the relevant Minister” —
in relation to land or waters which are wholly in England or which are partly in England and partly in Wales, means the Secretary of State and the Minister of Agriculture, Fisheries and Food acting jointly; and
in relation to land or waters which are wholly in Wales, means the Secretary of State;
and other expressions used in the Directive have the same meaning as in the Directive.
2
Any reference in these Regulations to a numbered regulation or Schedule is a reference to the regulation or Schedule so numbered in these Regulations,
Nitrate vulnerable zones
3
1
In these Regulations, “nitrate vulnerable zone” means any of the areas referred to in Schedule 1 and more particularly shown coloured pink on the maps contained in the volume of maps marked “Volume of Maps of Nitrate Vulnerable Zones S.I. 1996 No. 888 ” and deposited at the offices of the Secretary of State for the Environment and the Secretary of State for Wales, being all known areas of land in England and Wales which drain into and contribute to pollution of the waters which the relevant Minister has identified, in accordance with the criteria set out in Schedule 2, as waters affected by pollution and waters which could be affected by pollution if action pursuant to regulation 6 were not taken.
2
The relevant Minister shall, by 19th December 1997 and at least every four years thereafter, review and if necessary revise or add to the designation of nitrate vulnerable zones to take into account changes and factors unforeseen at the time of the previous designation.
Monitoring
4
1
For the purpose of the designation and revision of designations of nitrate vulnerable zones, the Agency —
a
subject to paragraph (2) below, shall have monitored by 19th December 1997 and at least every four years thereafter shall monitor the nitrate concentration in freshwaters over a period of one year —
i
at surface water sampling stations laid down in Article 5(4) of Directive 75/440/ EEC or at other sampling stations which are representative of surface waters in England and Wales, or at both, at least monthly and more frequently during flood periods; and
ii
at sampling stations which are representative of the groundwater aquifers in England and Wales, at regular intervals and taking into account the provisions of Directive 80/778/ EEC ; and
b
shall review the eutrophic state of fresh surface waters, estuarial and coastal waters by 19th December 1997 and every four years thereafter.
2
Where the nitrate concentration in all previous samples taken in pursuance of the Directive at any sampling station has been below 25 mg/l and no new factor likely to increase the nitrate content has appeared, paragraph (1)(a) above shall have effect in relation to that sampling station as if the reference to 1997 and the reference to four years were references to 2001 and eight years respectively.
3
Monitoring under this regulation shall be carried out using the reference methods of measurement set out in Schedule 3.
Code of good agricultural practice
5
Those parts of the Code of Good Agricultural Practice for the Protection of Water published in 1991 by the Ministry of Agriculture, Fisheries and Food which are aimed at providing all waters with a general level of protection against pollution shall have effect as the code of good agricultural practice established for the purposes of Article 4 of the Directive.
Action programmes
6
1
The relevant Minister shall, for the purpose of achieving the Objectives, by regulations under section 2(2) of the European Communities Act 1972, make provision establishing action programmes in respect of nitrate vulnerable zones.
2
An action programme may relate to more than one nitrate vulnerable zone, and different action programmes may be established in respect of different nitrate vulnerable zones or parts of zones.
3
An action programme in respect of a nitrate vulnerable zone shall be established —
a
in the case of a nitrate vulnerable zone referred to in regulation 3(1), as soon as practicable; and
b
in the case of a nitrate vulnerable zone designated in accordance with regulation 3(2), not later than one year after the designation of that zone.
4
An action programme shall be implemented —
a
in a case falling within paragraph (3)(a) above, by 19th December 1999;
b
in any other case, within four years of its establishment.
5
The relevant Minister shall draw up and implement suitable monitoring programmes to assess the effectiveness of action programmes.
6
The relevant Minister shall, at least every four years, review and if necessary revise the action programmes, including any additional measures taken pursuant to regulation 7(2).
Contents of action programmes
7
1
An action programme shall include —
a
the provisions described in Schedule 4; and
b
provisions embodying the measures contained in the parts of the code of good agricultural practice referred to in regulation 5, other than such provisions as have been superseded by the provisions described in Schedule 4.
2
Action programmes shall also contain such additional requirements, restrictions and prohibitions as the relevant Minister considers necessary if, at the outset or in the light of experience gained in implementing the programmes, it becomes apparent to him that the provisions referred to in paragraph (1) above will not be sufficient for achieving the Objectives.
3
In determining the provisions of an action programme, the relevant Minister shall take into account —
a
available scientific and technical data, mainly with reference to respective nitrogen contributions originating from agricultural and other sources;
b
environmental conditions in the relevant regions.
4
In selecting the additional provisions referred to in paragraph (2) above, the relevant Minister shall take into account the effectiveness and cost of such provisions relative to other possible preventive provisions.
Information and assistance required in connection with the control of pollution
8
For the purposes of section 202 of the Water Resources Act 1991 (information and assistance required in connection with the control of pollution), the following obligations shall be treated as functions of the relevant Minister under the pollution provisions of that Act:
a
the obligation under Article 10 of the Directive to submit reports to the Commission;
b
the duties of the relevant Minister under these Regulations.
Signed by authority of the Secretary of State
James Clappison
Parliamentary Under Secretary of State,
Department of the Environment
21st March 1996
Signed by authority of the Minister of Agriculture, Fisheries and Food
Tim Boswell
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
20th March 1996
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State,
Welsh Office
21st March 1996


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (West Penwith) Designation (Amendment) Order 1996 and shall come into force on 17th April 1996.
Amendment
2
1
The Environmentally Sensitive Areas (West Penwith) Designation Order 1986 shall be amended in accordance with paragraph (2) of this article.
2
In paragraph (1) of article 6 (rates of payment under agreement), for “£70” there shall be substituted “£75”.
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


text:
Citation and commencement
1
These Regulations may be cited as the Friendly Societies (Gilt-edged Securities) (Periodic Accounting for Tax on Interest) Regulations 1996 and shall come into force on 30th January 1996.
Interpretation
2
In these Regulations unless the context otherwise requires —
“amount of excess gilt interest received”, “amount of manufactured gilt interest paid”, “amount of manufactured gilt interest received” and “amount of real gilt interest received” have the same meanings as in the Gilts Regulations ;
“exempt business” means any business of a friendly society the profits arising from which are exempt from income tax and corporation tax under section 460 (1) , 461 (1) or 461B (1) of the Taxes Act , not being a business carried on by a friendly society all of whose profits are so exempt;
“the Friendly Societies Regulations ” means the Friendly Societies (Provisional Repayments for Exempt Business) Regulations 1993 ;
“the Gilts Regulations” means the Gilt-edged Securities (Periodic Accounting for Tax on Interest) Regulations 1995 ;
“pension business” has the meaning given by section 431B of the Taxes Act ;
“relevant gilt-edged securities” has the meaning given by section 51B(5) of the Taxes Act;
“return period” has the same meaning as in the Gilts Regulations;
“Schedule 19AB” means Schedule 19AB to the Taxes Act ;
“the Taxes Act” means the Income and Corporation Taxes Act 1988 .
Basic rule
3
1
Where the condition specified in paragraph (3) below is satisfied, then, notwithstanding the provisions of the Gilts Regulations, a friendly society carrying on both exempt business and business other than exempt business shall not be required to include in its return for any return period the amount of tax on the amount of excess gilt interest received which is referable to the society’s exempt business.
2
Where paragraph (1) applies, the society is accordingly required to include in its return for the return period only —
a
the aggregate of the amount of manufactured gilt interest received and of the amount of real gilt interest received, and
b
the amount of manufactured gilt interest paid,
which is not included in a claim for a notional repayment made pursuant to sub-paragraph (1) of paragraph 1A of Schedule 19AB (as inserted by regulation 6 of the Insurance Companies (Gilt-edged Securities) (Periodic Accounting for Tax on Interest) Regulations 1995 and referred to in this regulation as “sub-paragraph (1)”).
3
The condition specified is that the amount of tax referred to in paragraph (1) above is identified in a claim, made by the specified date, for a notional repayment made pursuant to sub-paragraph (1).
4
In paragraph (3) above “the specified date” means the date —
a
14 days after the end of the return period, or
b
in a case where the return for the return period is made on a date less than 14 days from the end of the return period, that date,
whichever is the earlier.
Modifications of the Friendly Societies Regulations
4
In relation to cases where payments of interest on relevant gilt-edged securities are made without deduction of tax to friendly societies carrying on exempt business, the Friendly Societies Regulations shall have effect with the modifications specified in regulations 5 to 9.
5
1
Paragraphs (2) and (3) below specify modifications of regulation 4.
2
In paragraph (3), for sub-paragraph (a) there shall be substituted —
a
for the words from the beginning to “a company” there shall be substituted the words “Subject to sub-paragraphs (2A) and (2B) below, for the purposes of this paragraph a “provisional repayment period” of a society”.
3
After paragraph (3), the following paragraphs shall be inserted —
3A
In sub-paragraph (2A) —
a
for the words “Sub-paragraphs (2B) and (2C) below have effect” there shall be substituted the words “Sub-paragraph (2B) below has effect”;
b
for the words “companies carrying on pension business” there shall be substituted the words “societies carrying on tax exempt business”.
3B
In sub-paragraph (2B) —
a
the words “Subject to paragraph (2C) below,” shall be omitted;
b
for the words “a company” there shall be substituted the words “a society”;
c
for paragraph (a) there shall be substituted —
a
shall begin whenever —
i
the society begins, at a time when it is carrying on only tax exempt business, to carry on business other than tax exempt business;
ii
the society begins, at a time when it is carrying on only business other than tax exempt business, to carry on tax exempt business;
iii
an accounting period of the society begins at a time when the society is carrying on both tax exempt business and business other than tax exempt business; or
iv
a provisional repayment period of the society ends, at a time when the society is carrying on both tax exempt business and business other than tax exempt business; and;
d
in paragraph (b) for the words “the company”(wherever occurring) there shall be substituted the words “the society”.
3C
Sub-paragraph (2C) shall be omitted..
6
1
Paragraphs (2) and (3) below specify modifications of regulation 5.
2
In paragraph (3), for sub-paragraph (a) there shall be substituted —
a
for the words from the beginning to “a company” there shall be substituted the words “Subject to sub-paragraphs (2A) and (2B) below, for the purposes of this paragraph a “provisional repayment period” of a society”.
3
After paragraph (3) the following paragraphs shall be inserted —
3A
In sub-paragraph (2A) —
a
for the words “Sub-paragraphs (2B) and (2C) below have effect” there shall be substituted the words “Sub-paragraph (2B) below has effect”;
b
for the words “companies carrying on pension business” there shall be substituted the words “societies carrying on tax exempt business”.
3B
In sub-paragraph (2B) —
a
the words “Subject to sub-paragraph (2C) below,” shall be omitted;
b
for the words “a company” there shall be substituted the words “a society”;
c
for paragraph (a) there shall be substituted —
a
shall begin whenever —
i
the society begins, at a time when it is carrying on only tax exempt business, to carry on business other than tax exempt business;
ii
the society begins, at a time when it is carrying on only business other than tax exempt business, to carry on tax exempt business;
iii
an accounting period of the society begins at a time when the society is carrying on both tax exempt business and business other than tax exempt business; or
iv
a provisional repayment period of the society ends, at a time when the society is carrying on both tax exempt business and business other than tax exempt business; and;
d
in paragraph (b) for the words “the company”(wherever occurring) there shall be substituted the words “the society”.
3C
Sub-paragraph (2C) shall be omitted..
7
After regulation 5 there shall be inserted the following regulations —
Modifications of paragraph 1A of Schedule 19AB in relation to directive societies
5A
1
Paragraphs (2) to (11) below specify modifications of paragraph 1A of Schedule 19AB in relation to exempt business of a directive society.
2
In sub-paragraph (1) —
a
for the words “An insurance company carrying on pension business” there shall be substituted the words “A friendly society carrying on both tax exempt business and business other than tax exempt business”;
b
for the words “its pension business” there shall be substituted the words “its tax exempt business”.
3
For sub-paragraph (2) there shall be substituted the following sub-paragraph —
2
No repayment shall be made to a society in respect of any claim to a notional repayment; but the notional repayment shall be taken to be the amount of tax referred to in regulation 3(1) of the Friendly Societies (Gilt-edged Securities) (Periodic Accounting for Tax on Interest) Regulations 1996..
4
In sub-paragraph (3) —
a
the words “Subject to sub-paragraphs (4) and (5) below,” shall be omitted;
b
for the words “a company” there shall be substituted the words “a society”;
c
for paragraph (a) there shall be substituted —
a
shall begin whenever —
i
the society begins, at a time when it is carrying on only tax exempt business, to carry on business other than tax exempt business;
ii
the society begins, at a time when it is carrying on only business other than tax exempt business, to carry on tax exempt business;
iii
an accounting period of the society begins at a time when the society is carrying on both tax exempt business and business other than tax exempt business; or
iv
a provisional repayment period of the society ends, at a time when the society is carrying on both tax exempt business and business other than tax exempt business; and;
d
in paragraph (b) for the words “the company”(wherever occurring) there shall be substituted the words “the society”.
5
Sub-paragraphs (4) and (5) shall be omitted.
6
In sub-paragraph (7) —
a
after the words “section 432A” there shall be inserted the words “, as modified by regulation 7 of the Friendly Societies (Modification of the Corporation Tax Acts) Regulations 1992 ,”;
b
for the word “company”(wherever occurring) there shall be substituted the word “society”.
7
In sub-paragraph (8), in paragraph (a), there shall be inserted after the words “Management Act” the words “, unless the accounting period in question was one for which no notice as mentioned in subsection (1) of the said section 11 was served on the society”.
8
For sub-paragraph (9) there shall be substituted the following sub-paragraphs —
9
In sub-paragraph (1) above “the appropriate portion” means —
a
in so far as the payment is referable to business which is tax exempt business by virtue of section 460(1) —
i
where the payment in question is either an amount of manufactured gilt interest received or an amount of real gilt interest received and is income arising from assets linked to tax exempt basic life assurance and general annuity business, the whole;
ii
where the payment in question is an amount of manufactured gilt interest paid in respect of assets linked to tax exempt basic life assurance and general annuity business, the whole; and
iii
in any other case, the provisional fraction; and
b
in so far as the payment is referable to business which is tax exempt business by virtue of section 461(1) or 461B(1) —
i
where the payment in question is either an amount of manufactured gilt interest received or an amount of real gilt interest received and is income arising either from assets linked to long term business other than life or endowment business, or from assets other than those of the society’s long term business fund, the whole;
ii
where the payment in question is an amount of manufactured gilt interest paid in respect of assets linked to long term business other than life or endowment business, or in respect of assets other than those of the society’s long term business fund, the whole; and
iii
in any other case the provisional fraction determined in relation to long term business other than life assurance business.
9A
In sub-paragraph (9) above —
“tax exempt basic life assurance and general annuity business” shall be construed in accordance with the definition inserted in section 431(2) by regulation 5(2) of the Friendly Societies (Modification of the Corporation Tax Acts) Regulations 1992;
“long term business” shall be construed in accordance with the definition substituted in section 431(2) by regulation 5(4) of those Regulations; and
“life or endowment business” has the meaning given by section 466(1)..
9
In sub-paragraph (10) —
a
after the words “section 432A” there shall be inserted the words “, as modified by regulation 7 of the Friendly Societies (Modification of the Corporation Tax Acts) Regulations 1992,”;
b
for the words “the company’s long term business fund” there shall be substituted the words “the society’s long term business fund”.
10
In sub-paragraph (13), for the words “the company” there shall be substituted the words “the society”.
11
In sub-paragraph (15) there shall be added at the end —
“; and “tax exempt business” means any business of a friendly society the profits arising from which are exempt from income tax and corporation tax under section 460(1), 461(1) or 461B(1)”.
Modifications of paragraph 1A of Schedule 19AB in relation to non-directive societies
5B
1
Paragraphs (2) to (10) below specify modifications of paragraph 1A of Schedule 19AB in relation to exempt business of a non-directive society.
2
In sub-paragraph (1) —
a
for the words “An insurance company carrying on pension business” there shall be substituted the words “A friendly society carrying on both tax exempt business and business other than tax exempt business”;
b
for the words “the appropriate portion” there shall be substituted the words “the relevant fraction”;
c
for the words “its pension business” there shall be substituted the words “its tax exempt business”.
3
For sub-paragraph (2) there shall be substituted the following sub-paragraph —
2
No repayment shall be made to a society in respect of any claim to a notional repayment; but the notional repayment shall be taken to be the amount of tax referred to in regulation 3(1) of the Friendly Societies (Gilt-edged Securities) (Periodic Accounting for Tax on Interest) Regulations 1996..
4
In sub-paragraph (2) —
a
the words “Subject to sub-paragraphs (4) and (5) below,” shall be omitted;
b
for the words “a company” there shall be substituted the words “a society”;
c
for paragraph (a) there shall be substituted —
a
shall begin whenever —
i
the society begins, at a time when it is carrying on only tax exempt business, to carry on business other than tax exempt business;
ii
the society begins, at a time when it is carrying on only business other than tax exempt business, to carry on tax exempt business;
iii
an accounting period of the society begins at a time when the society is carrying on both tax exempt business and business other than tax exempt business; or
iv
a provisional repayment period of the society ends, at a time when the society is carrying on both tax exempt business and business other than tax exempt business; and;
d
in paragraph (b) for the words “the company”(wherever occurring) there shall be substituted the words “the society”.
5
Sub-paragraphs (4) and (5) shall be omitted.
6
For sub-paragraph (7) there shall be substituted —
7
For the purpose of determining the amounts to which a society is entitled by way of notional repayments in the case of any accounting period, “the relevant fraction” in sub-paragraph (1) above means, subject to paragraph (b) of sub-paragraph (8) below, the fraction of which the denominator is the total investment income of the society and the numerator is the investment income of the society which is exempt from income tax and corporation tax under section 460(1), 461(1) or 461B(1) determined —
a
for the latest preceding accounting period of the society at the end of which the society was required to make a valuation of the liabilities attributable to the whole of its insurance business and for which an inspector is satisfied that the society has supplied him with such information as would enable that fraction for that accounting period to be estimated with reasonable accuracy, and
b
by reference to that information,
and any reference to “the relevant fraction” is a reference to the fraction so determined..
7
In sub-paragraph (8) —
a
in paragraph (a), there shall be inserted after the words “Management Act” the words “, unless the accounting period in question was one for which no notice as mentioned in subsection (1) of the said section 11 was served on the society”;
b
in paragraph (b), for the word “provisional” there shall be substituted the word “relevant”.
8
Sub-paragraphs (9) and (10) shall be omitted.
9
In sub-paragraph (13), for the words “the company” there shall be substituted the words “the society”.
10
In sub-paragraph (15) there shall be added at the end —
“; and “tax exempt business” means any business of a friendly society the profits arising from which are exempt from income tax and corporation tax under section 460(1), 461(1) or 461B(1)”.
8
1
Paragraph (2) below specifies a modification of regulation 6.
2
For paragraph (2) there shall be substituted the following paragraph —
2
In sub-paragraphs (2), (3), (3A) and (3B), for the word “company”(wherever occurring) there shall be substituted the word “society”..
9
1
Paragraphs (2) to (4) below specify modifications of regulation 7.
2
In paragraph (2), in sub-paragraph (b), after the words “the company” there shall be inserted the words “(wherever occurring)”.
3
After paragraph (2) there shall be inserted the following paragraph —
2A
In sub-paragraph (1A) —
a
for the words “the company” there shall be substituted the words “the society”;
b
for the words “pension business” there shall be substituted the words “tax exempt business”;
c
at the end there shall be added “; and in this sub-paragraph “tax exempt business” has the same meaning as it has in paragraph 1A above”..
4
In paragraph (5), for the words “the company”(wherever occurring) there shall be substituted the words “the society”.
Derek Conway
Michael Bates
Two of the Lords Commissioners of Her Majesty’s Treasury
9th January 1996


text:
Citation and commencement
1
This Order may be cited as the Air Passenger Duty (Prescribed Rates of Interest) (Amendment) Order 1996 and shall come into force on 6 February 1996.
Rate of interest carried by amount assessed as air passenger duty due.
2
There shall be substituted “6.25 per cent. per annum”for“5.5 per cent. per annum”in paragraph (a) of Article 2 of the Air Passenger Duty (Prescribed Rates of Interest) Order 1994 (prescribing the rate of interest carried by an amount of air passenger duty assessed as duty due by an assessment made under Section 12 of the Finance Act 1994).
Simon Burns
Derek Conway
Two of the Lords Commissioners of Her Majesty’s Treasury
31 January 1996


text:
1
The M66 Motorway (Bury Easterly Bypass Northern Section) and Connecting Roads Scheme 1973 (hereinafter referred to as “the Principal Scheme”) is varied as follows:
1
a
in article 2 of the Principal Scheme for the words “the deposited plan”substitute the words “the deposited plan and the further plan”;
b
after the first sub-paragraph of article 4 of the Principal Scheme insert the following sub paragraph —
“the further plan” means the plan numbered HA16/NNMD1 and marked “The M66 Motorway (Bury Easterly Bypass Northern Section) and Connecting Roads Scheme 1973 (Variation) Scheme 1996”signed by authority of the Secretary of State for Transport and deposited at the Department of Transport, Great Minster House, Marsham Street, London SW1P 4DR;
c
for paragraph 1 of Schedule 2 to the Principal Scheme substitute —
1
Junction with Rochdale Road (A58) at Heap Bridge
Two routes to connect the northbound and southbound carriageways of the Motorway with a roundabout to be constructed as part of Rochdale Road (A58) at Heap Bridge (the special roads along these routes being respectively given the reference letter A on the deposited plan and the reference letter B on the further plan).
2
The heavy black line given the reference letter B on the deposited plan referred to in the Principal Scheme shall be disregarded.
2
This Order may be cited as The M66 Motorway (Bury Easterly Bypass Northern Section) and Connecting Roads Scheme 1973 (Variation) Scheme 1996 and shall come into force on 13th September 1996.
Signed by authority of the Secretary of State for Transport
K A Lasbury
Director Northern Network Management Division Highways Agency
16th August 1996


text:
1
This Order may be cited as the Education (Schools) Act 1992 (Commencement No. 4) Order 1996.
2
Sections 2(3)(c) and (d), 3(2), 6(3)(c) and (d), and 7(2) of the Education (Schools) Act 1992 shall come into force on 15th May 1996.
Robin Squire
Parliamentary Under Secretary of State,
Department for Education and Employment
30th April 1996
Rod Richards
Parliamentary Under Secretary of State,
Welsh Office
14th May 1996


text:
1
1
These Regulations may be cited as the Police Pensions (Amendment) Regulations 1996 and shall come into force on 31st March 1996.
2
In these Regulations “the principal Regulations ” means the Police Pensions Regulations 1987 .
2
In regulation A9(2)(b) of the principal Regulations (reckoning of service for purposes of awards) after the words “transfer value” there is inserted “or a certificate which has been furnished on or under regulation F8A(2)”.
3
In sub-paragraph (a) of both regulation B5(2) (policeman’s deferred pension) and B6(1) (award by way of repayment of aggregate pension contributions) of the principal Regulations, after the words “transfer value” there is inserted “under regulation F9 or F10” .
4
In regulation F8(1) (transfer of values payable between police authorities) of the principal Regulations after the words “shall apply where” there is inserted “, before 31st March 1996,”.
5
After regulation F8 there is inserted the following regulation:
Former police authority to provide certificate of the amount of pensionable service giving entitlement to pension
F8A
1
This regulation shall apply where, on or after 31st March 1996, a regular policeman —
a
by reason of previous service in a police force becomes entitled to reckon pensionable service either —
i
by virtue of regulation F3(1)(a), or
ii
by virtue of regulation F5 in the circumstances mentioned in paragraph (2) of that regulation (including that paragraph as it has effect by virtue of paragraph (3) thereof), or
b
has left a police force and joined the Royal Ulster Constabulary with such consent as is mentioned in regulation A17(2) and the police authority for Northern Ireland are contingently liable to make payments to or in respect of him under the Royal Ulster Constabulary pensions legislation.
2
Where this regulation applies the former police authority shall furnish the current police authority with a certificate stating —
a
the amount of the pensionable service which the regular policeman to whom this regulation applies is entitled to reckon by reason of previous service in a police force, including such service reckonable under regulations F3 to F7,
b
whether or not that policeman has, at the time of leaving service in the force maintained by the former police authority, made an election under regulation G4(1) ( election not to pay pension contributions ) .
3
On the acceptance of a certificate under paragraph (2) by the current police authority, any entitlement of a regular policeman to whom this regulation applies to an award from the previous police authority shall cease to have effect.
4
The former police authority shall furnish a regular policeman to whom this regulation applies with a copy of the certificate furnished under paragraph (2) together with a description of the effect of paragraph (3).
5
In this regulation, “former police authority” and “current police authority” have the same meaning as in regulation F8.
6
In regulation F9 (transfer values payable under interchange arrangements):
a
for the word “is” at the beginning of paragraph (2)(a)(i) there is substituted “prior to 31st March 1996 was”; and
b
at the end of paragraph (2) there is inserted:
or (c) in respect of whom a certificate under regulation F8A(2) has been furnished
.
7
In regulation L2(3) of the principal Regulations (funds out of which and into which payments are to be made), the words from “and, on” to the end are hereby revoked.
David Maclean
Minister of State
Home Office
14th March 1996
We consent
Liam Fox
Simon Burns
Two of the Lords Commissioners of Her Majesty’s Treasury
18th March 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Oxfordshire Community Health National Health Service Trust (Transfer of Trust Property) Order 1996 and shall come into force on 31st July 1996.
2
In this Order —
“the Authority” means the Oxfordshire Health Authority;
“the Trust” means the Oxfordshire Community Health National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the 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:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Contributions) Amendment (No. 6) Regulations 1996 and shall come into force on 5th December 1996.
2
In these Regulations “the principal Regulations ” means the Social Security (Contributions) Regulations 1979 .
Amendment of regulation 1 of the principal Regulations
2
In regulation 1(2) of the principal Regulations (citation, commencement and interpretation) after the definition of “standard rate” there shall be inserted the following definition —
“trading arrangements” in relation to any asset (including a voucher) shall be construed in accordance with section 203K(2)(a) and (3) of the Income and Corporation Taxes Act 1988 ;
.
Amendment of regulation 18 of the principal Regulations
3
In regulation 18 of the principal Regulations (calculation of earnings) —
a
in paragraph (2) for the words “paragraph (4), (6), (8) or (9)” there shall be substituted the words “paragraph (4), (6), (7A), (8) or (9)”;
b
after paragraph (7) there shall be inserted the following paragraph —
7A
The amount of earnings which is comprised in any payment by way of the conferment of a beneficial interest in any option to acquire any asset falling within Schedule 1A to these Regulations and which falls to be taken into account in the computation of a person’s earnings shall, for the purposes of earnings-related contributions, be calculated or estimated by reference to the amount which would be comprised in accordance with paragraph (2) of this regulation or, where paragraph (4), (6), (8) or (9) would apply in accordance with that paragraph, in a payment by way of the conferment of any beneficial interest —
i
in the asset which may be acquired by the exercise of that option; or
ii
where that asset (the first asset) may be exchanged for another asset (the second asset) and the value of the beneficial interest in the second asset is greater than that in the first asset, in that second asset,
on the day the beneficial interest in the option is conferred, reduced by the amount or value (or if variable, the least amount or value) of the consideration for which the asset may be so acquired.
;
c
in paragraph (8) —
i
for the words “paragraph 9ZA, 9ZB or 9B of Schedule 1A to these Regulations” there shall be substituted the words “paragraph 9ZA or 9ZB of Schedule 1A to these Regulations or in any voucher falling within paragraph 9B or 9C of that Schedule”;
ii
at the end there shall be inserted —
and for the purposes of this paragraph “the cost of the asset” in relation to any voucher includes the cost of any asset for which that voucher is capable of being exchanged
;
d
for paragraph (9) there shall be substituted the following paragraph —
9
The amount of earnings which is comprised in any payment by way of the conferment of a beneficial interest in any asset specified in Schedule 1A to these Regulations for which trading arrangements exist and which falls to be taken into account in the computation of a person’s earnings, shall, for the purposes of earnings-related contributions, be calculated or estimated in accordance with the following provisions of this paragraph —
a
the amount of earnings shall be calculated or estimated by reference to the amount which is the greater of —
i
the amount obtainable under the trading arrangements in question;
ii
the amount calculated or estimated in accordance with paragraph (2) of this regulation or, where paragraph (4), (6), (7A) or (8) of this regulation would apply, the amount calculated or estimated in accordance with that paragraph;
b
the calculation or estimate of the amount of earnings by reference to the amount obtainable under trading arrangements shall be carried out on the basis that such amount was obtained on the day on which the beneficial interest was conferred;
c
the reference in this paragraph to an asset does not include any voucher falling within paragraph 9B or 9C of Schedule 1A to these Regulations.
Amendment of regulation 19 of the principal Regulations
4
In regulation 19 of the principal Regulations (payments to be disregarded) —
a
for sub-paragraphs (1)(l) and (m) there shall be substituted the following sub-paragraphs —
l
a payment by way of shares where such shares —
i
form part of the ordinary share capital of —
aa
the secondary contributor; or
bb
a company which has control of that secondary contributor; or
cc
a company which either is, or has control of, a body corporate which is a member of a consortium owning either that secondary contributor or a body corporate having control of that secondary contributor; and
ii
are either —
aa
appropriated under a profit sharing scheme to which the provisions of section 186 of the Income and Corporation Taxes Act 1988 (approved) profit sharing schemes) apply; or
bb
non-tradeable shares;
m
a payment by way of an option to acquire shares where such option is —
i
a right obtained in accordance with the provisions of a scheme approved under Schedule 9 to the Income and Corporation Taxes Act 1988 for the purposes of section 185 of that Act (approved share option schemes); or
ii
a right to acquire shares which are non-tradeable shares and is a non-tradeable option
;
b
paragraph (7)(f) shall be omitted;
c
at the end of paragraph (7) there shall be added the following sub-paragraph —
g
a payment by way of shares appropriated under a profit sharing scheme to which the provisions of section 186 of the Income and Corporation Taxes Act 1988 (approved profit sharing schemes) apply includes a payment derived from such shares.
;
d
after paragraph (7) there shall be inserted the following paragraph —
7A
For the purposes of paragraphs (1)(l) and (m) of this regulation —
a
a share or option is non-tradeable if at the time when the payment is made, that share or option is incapable of being sold or otherwise realised on a recognised investment exchange within the meaning of the Financial Services Act 1986 and no trading arrangements exist in respect of it;
b
“shares” include stock.
Amendment of Schedule 1A to the principal Regulations
5
In Schedule 1A to the principal Regulations (assets not to be disregarded as payments under regulation 19(1)(d)) paragraph 19 shall be omitted.
Signed by authority of the Secretary of State for Social Security
Roger Evans
Parliamentary Under-Secretary of State,
Department of Social Security
4th December 1996


text:
Commencement and citation
1
This Order may be cited as The A205 Trunk Road (Hounslow) Red Route (Bus Lanes) Experimental Traffic Order 1996, and shall come into force on 21st September 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 theTraffic Signs Regulations and General Directions 1994 ; or
c
a pedal cycle.
3
In this article —
a
“bus” means: —
before 1 January 1997
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 work bus;
after 31 December 1996
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; and
at any time a vehicle which
i
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
ii
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 “work 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 my 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.
Revocation or variation of existing Orders
5
The A205 Trunk Road (Hounslow) Red Route (Bus Lanes) Experimental Traffic Order 1995 is hereby revoked.
Power to modify or suspend this Order
6
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
5th September 1996


text:
Citation and commencement
1
This Order may be cited as the Educational Endowments (Borders Region) Transfer Scheme Order 1996 and shall come into force on 1st April 1996.
Making of Scheme
2
The Scheme set out in the Schedule to this Order shall have effect.
Raymond S Robertson
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
7th February 1996


text:
1
These Regulations may be cited as the International Carriage of Perishable Foodstuffs (Amendment) Regulations 1996 and shall come into force on 2nd December 1996.
2
In Part I of the Schedule to the International Carriage of Perishable Foodstuffs Regulations 1985 , for the amount “£365” there shall be substituted the amount “£405”.
Signed by authority of the Secretary of State for Transport
John Bowis
Parliamentary Under Secretary of State,
Department of Transport
30th October 1996


text:
1
These Regulations may be cited as the Civil Aviation Act (Investigation of Accidents) Regulations 1996 and shall come into force on 1st March 1996.
2
After section 75(1) of the Civil Aviation Act 1982 (investigation of accidents: regulations) there shall be inserted —
1A
The power to make regulations under this section includes power to make provision —
a
for the purpose of implementing the Community obligations of the United Kingdom under Council Directive 94/56/ EC of 21 November 1994 establishing the fundamental principles governing the investigation of civil aviation accidents and incidents ;
b
for the purpose of dealing with matters arising out of or related to any such obligation.
Signed by authority of the Secretary of State for Transport
Goschen
Parliamentary Under Secretary of State,
Department of Transport
16th January 1996