text:
Citation, commencement and interpretation
1
1
This Act of Sederunt may be cited as the Act of Sederunt (Proceeds of Crime Rules) 1996 and shall come into force on 7th October 1996.
2
This Act of Sederunt shall be inserted in the Books of Sederunt.
3
In this Act of Sederunt–
“the Act of 1995 ” means the Proceeds of Crime (Scotland) Act 1995;
“administrator” means the person appointed under paragraph 1(1) of Schedule 1 to the Act of 1995.
Applications for compensation
2
An application to the sheriff under section 17(1) of the Act of 1995 (compensation) shall be made by summary application.
Applications for restraint orders
3
1
An application to the sheriff under section 28(1) of the Act of 1995 (application for restraint order) shall be made by summary application.
2
Where the sheriff pronounces an interlocutor making a restraint order, the prosecutor shall serve a copy of that interlocutor on every person named in the interlocutor as restrained by the order.
Recall or variation of restraint orders
4
1
An application to the sheriff under any of the following provisions of the Act of 1995 shall be made by note in the process containing the interlocutor making the restraint order to which the application relates:–
a
section 29(4) or (5) (recall of restraint orders in relation to realisable property);
b
section 30(3) or (4) (recall of restraint orders in relation to forfeitable property);
c
section 31(1) (variation or recall of restraint order).
2
In respect of an application by note under paragraph (1)(c) above by a person having an interest for an order for variation or recall under section 31(1)(b) of the Act of 1995–
a
the note shall be lodged in process within 21 days after service of the restraint order on that person or within such other period as the sheriff thinks fit; and
b
the period of notice for lodging answers to the note shall be 14 days or such other period as the sheriff thinks fit.
Applications for interdict
5
1
An application to the sheriff under section 28(8) of the Act of 1995 (interdict) may be made–
a
in the summary application under section 28(1) of the Act of 1995; or
b
if made after a restraint order has been made, by note in the process of the application for that order.
2
An application under section 28(8) of the Act of 1995 by note under paragraph (1)(b) above shall not be intimated, served or advertised before that application is granted.
Applications in relation to arrestment
6
1
An application to the sheriff under section 33(1) of the Act of 1995 (arrestment of property affected by restraint order) by the prosecutor for warrant for arrestment may be made–
a
in the summary application under section 28(1) of the Act of 1995; or
b
if made after a restraint order has been applied for, by note in the process of the application for that order.
2
An application to the sheriff under section 33(2) of the Act of 1995, to loose, restrict or recall an arrestment shall be made by note in the process of the application for the restraint order.
3
An application to the sheriff under section 33(4) of the Act of 1995 (recall or restriction of arrestment) shall be made by note in the process containing the interlocutor making the restraint order to which the application relates.
Appeals to the Court of Session
7
1
This rule applies to appeals against an interlocutor of the sheriff refusing, varying or recalling or refusing to vary or recall a restraint order.
2
An appeal to which this rule applies shall be marked within 14 days after the date of the interlocutor concerned.
3
An appeal to which this rule applies shall be marked by writing a note of appeal on the interlocutor sheet, or other written record containing the interlocutor appealed against, or on a separate sheet lodged with the sheriff clerk, in the following terms:– “The applicant appeals to the Court of Session.”.
4
A note of appeal to which this rule applies shall –
a
be signed by the appellant;
b
bear the date on which it is signed; and
c
where the appellant is represented, specify the name and address of the solicitor or other agent who will be acting for him in the appeal.
5
The sheriff clerk shall transmit the process within 4 days after the appeal is marked to the Deputy Principal Clerk of Session.
6
Within the period specified in paragraph (5) above, the sheriff clerk shall–
a
send written notice of the appeal to every other party; and
b
certify on the interlocutor sheet that he has done so.
7
Failure of the sheriff clerk to comply with paragraph (6) above shall not invalidate the appeal.
Applications for appointment of administrators
8
1
An application to the sheriff under paragraph 1 of Schedule 1 to the Act of 1995 (appointment of administrators) shall be made–
a
where made after a restraint order has been made, by note in the process of the application for that order; or
b
in any other case, by summary applcation.
2
The notification to be made by the sheriff clerk under paragraph 1(3)(a) of Schedule 1 to the Act of 1995 shall be made by intimation of a copy of the interlocutor to the person required to give possession of property to an administrator.
Incidental applications in an administration
9
1
An application to the sheriff under any of the following provisions of Schedule 1 to the Act of 1995 shall be made by note in the process of the application for appointment of the administrator:–
a
paragraph 1(1) with respect to an application after appointment of an administrator to require a person to give property to him;
b
paragraph 1(4) (making or altering a requirement or removal of administrator);
c
paragraph 1(5) (appointment of new administrator on death, resignation or removal of administrator);
d
paragraph 2(1)(n) (directions as to functions of administrator);
e
paragraph 4 (directions for application of proceeds).
2
An application to the sheriff under any of the following provisions of Schedule 1 to the Act of 1995 shall be made in the application for appointment of an administrator under paragraph 1(1) of that Schedule or, if made after the application has been made, by note in that process:–
a
paragraph 2(1)(o) (special powers of administrator);
b
paragraph 2(3) (vesting of property in administrator);
c
paragraph 12 (order to facilitate the realisation of property).
Requirements where order to facilitate realisation of property considered
10
Where the sheriff considers making an order under paragraph 12 of Schedule 1 to the Act of 1995 (order to facilitate the realisation of property)–
a
the sheriff shall fix a date for a hearing in the first instance; and
b
the applicant or noter, as the case may be, shall serve a notice in the Form set out in the Schedule to this Act of Sederunt (or in a form substantially to the same effect) on any person who has an interest in the property.
Documents for Accountant of Court
11
1
A person who has lodged any document in the process of an application for the appointment of an administrator shall forthwith send a copy of that document to the Accountant of Court.
2
The sheriff clerk shall transmit to the Accountant of Court any part of the process as the Accountant of Court may request in relation to an administration which is in dependence before the sheriff unless such part of the process is, at the time of request, required by the sheriff.
Procedure for fixing and finding caution
12
Rules 9 to 12 of the Act of Sederunt (Judicial Factors Rules) 1992 (fixing and finding caution in judicial factories) shall, with the necessary modifications, apply to the fixing and finding of caution by an administrator under these Rules as they apply to the fixing and finding of caution by a judicial factor.
Administrator’s title to act
13
An administrator appointed under these Rules shall not be entitled to act until he has obtained a copy of the interlocutor appointing him.
Duties of administrator
14
1
The administrator shall, as soon as possible, but within three months after the date of his appointment, lodge with the Accountant of Court–
a
an inventory of the property in respect of which he has been appointed;
b
all vouchers, securities, and other documents which are in his possession; and
c
a statement of that property which he has in his possession or intends to realise.
2
An administrator shall maintain accounts of his intromissions with the property in his charge and shall, subject to paragraph (3) below–
a
within six months after the date of his appointment, and
b
at six monthly intervals after the first account during the subsistence of his appointment,
lodge with the Accountant of Court an account of his intromissions in such form, with such supporting vouchers and other documents, as the Accountant of Court may require.
3
The Accountant of Court may waive the lodging of an account where the administrator certifies that there have been no intromissions during a particular accounting period.
State of funds and scheme of division
15
1
The administrator shall–
a
where there are funds available for division, prepare a state of funds after application of sums in accordance with paragraph 4(2) of Schedule 1 to the Act of 1995, and a scheme of division amongst those who held property which has been realised under the Act of 1995 and lodge them and all relevant documents with the Accountant of Court; or
b
where there are no funds available for division, prepare a state of funds only and lodge it with the Accountant of Court, and give to the Accountant of Court such explanations as he shall require.
2
The Accountant of Court shall–
a
make a written report on the state of funds and any scheme of division including such observations as he considers appropriate for consideration by the sheriff; and
b
return the state of funds and any scheme of division to the administrator with his report.
3
The administrator shall, on receiving the report of the Accountant of Court —
a
lodge in process the report, the state of funds and any scheme of division;
b
intimate a copy of it to the prosecutor; and
c
intimate to each person who held property which has been realised under the Act of 1995 a notice stating–
i
that the state of funds and scheme of division or the state of funds only, as the case may be, and the report of the Accountant of Court, have been lodged in process; and
ii
the amount for which that person has been ranked, and whether he is to be paid in full, or by a dividend, and the amount of it, or that no funds are available for payment.
Objections to scheme of division
16
1
A person wishing to be heard by the sheriff in relation to the distribution of property under paragraph 4(3) of Schedule 1 to the Act of 1995 shall lodge a note of objection in the process to which the scheme of division relates within 21 days of the date of the notice intimated under rule 15(3)(c) above.
2
After the period for lodging a note of objection has expired and no note of objection has been lodged, the administrator may apply by motion for approval of the scheme of division and state of funds, or the state of funds only, as the case may be.
3
After the period for lodging a note of objection has expired and a note of objection has been lodged, the sheriff shall dispose of such objection after hearing any objector and the administrator and making such inquiry as he thinks fit.
4
If any objection is sustained to any extent, the necessary alterations shall be made to the state of funds and any scheme of division and shall be approved by the sheriff.
Application for discharge of administrator
17
1
Where the scheme of division is approved by the sheriff and the administrator has paid, delivered or conveyed to the persons entitled the sums or receipts allocated to them in the scheme, the administrator may apply for his discharge.
2
An application to the sheriff for discharge of the administrator shall be made by note in the process of the application under paragraph 1(1) of Schedule 1 to the Act of 1995.
Appeals against determination of outlays and remuneration
18
An appeal to the sheriff under paragraph 6(2) of Schedule 1 to the Act of 1995 (appeal against a determination by the Accountant of Court) shall be made by note in the process of the application in which the administrator was appointed.
Hope of Craighead
Lord President, I.P.D.
Edinburgh,
12th September 1996


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
1
This Order may be cited as the Cardiff (St. Mellons Community) Order 1996.
2
This Order shall come into force on 15th March 1996 for any purpose set out in regulation 4(1) (Coming into operation of order) of the 1976 Regulations .
3
For all other purposes this Order shall come into force on the appointed day.
Interpretation
2
In this Order —
“the appointed day” means 1st April 1996;
“the map” means the map issued by the Welsh Office and marked “Map referred to in the Cardiff (St. Mellons Community) Order 1996”;
“the 1976 Regulations” means the Local Government Area Changes Regulations 1976 .
Changes in community areas
3
1
The part of the community of St. Mellons which is shown cross-hatched in black on the map shall be separated from that community and shall constitute a new community to be known as Pontprennau.
2
The remainder of the area of the community of St. Mellons, being the area hatched in black on the map, shall be known as Old St. Mellons.
Community Council
3
As from the appointed day the number of councillors for the community of Old St. Mellons shall be 9 and the community shall not be divided into wards.
Councillors
4
1
Any casual vacancy which exists on 15th March 1996 or occurs before the appointed day in the office of community councillor for the Llanedeyrn ward of the community of St. Mellons shall (except where notice of the election has at 15th March 1996 already been given) not be filled. Any person in office at the appointed day in such office shall retire from office on that day.
2
Any person in office on the appointed day as a community councillor for the Old St. Mellons ward of the community formerly known as St. Mellons shall represent the community of Old St. Mellons and shall retire on the fourth day after the ordinary day of election of community councillors in 1999.
Cemetries
5
1
In relation to the St Edeyrn’s Church Cemetery —
a
any inhabitants of the new community of Pontprennau ( “the Pontprennau inhabitants”) shall be entitled to the same rights of burial as the inhabitants of the community of Old St. Mellons ( “the Old St. Mellons inhabitants”);
b
any provisions in relation to inhabitants in any table of fees in force in respect of the cemetery shall apply to the Pontprennau inhabitants as they apply to the Old St. Mellons inhabitants;
c
no differential charges shall be imposed on the Pontprennau inhabitants.
2
Subject to paragraph (1), any provisions in relation to the inhabitants of the existing community of St. Mellons in any table of fees in force in respect of the cemetery shall apply to the Old St. Mellons inhabitants.
3
Paragraphs (2) to (4) of regulation 35 of the 1976 Regulations shall not apply.
Local Acts, orders and byelaws
6
The existing community of St. Mellons is hereby specified in relation to regulation 41(4) (Local Acts, orders and byelaws) of the 1976 Regulations and the new community of Pontprennau and the community of Old St. Mellons are hereby specified in relation to the said existing community.
Signed by the authority of the Secretary of State for Wales.
Gwilym Jones
Parliamentary Under-Secretary of State, Welsh Office
26th February 1996


text:
1
This Order may be cited as the A61 Trunk Road (B6131 Bar Lane, Mapplewell to Barnsley/Wakefield Metropolitan Boundary) (Detrunking) Order 1996 and shall come into force on 21st June 1996.
2
In this Order —
i
“principal road” as a classification for a highway, means that the highway is a principal road for the purpose of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
ii
“the trunk road” means the A61 Trunk Road.
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road from the date on which the Order comes into force.
Signed by authority of the Secretary of State for Transport
K A Lasbury
Director Northern Network Management Division The Highways Agency
29th May 1996


text:
1
These Regulations may be cited as the Value Added Tax (Amendment) Regulations 1996 and shall come into force on 1st March 1996.
2
The Value Added Tax Regulations 1995 shall be amended in accordance with the following regulations.
3
In regulation 21 the definitions of “contract work” and “processing work” shall be omitted.
4
In paragraphs (1) and (1)(c) of regulation 22 for “(3), (4) or (5)” there shall be substituted“(3) or (5)”.
5
In sub-paragraph (e) of paragraph (3) of regulation 22 the words “, which value shall” to“mentioned in paragraph (4)(c) below” shall be omitted.
6
Paragraph (4) of regulation 22 shall be omitted.
7
In paragraph (a) of regulation 23 for “(3), (4) and (5)” there shall be substituted “(3) and (5)”.
8
For paragraph (4) of regulation 117 there shall be substituted the following —
4
In regulations 130 and 131 “goods” does not include —
a
a motor-vehicle, or
b
a boat intended to be exported under its own power.
.
9
Paragraphs (5) and (6) of regulation 117 shall be omitted.
Leonard Harris
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground LONDON SE1 9PJ
6th February 1996


text:
PART I
GENERAL
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Community Health Councils Regulations 1996 and shall come into force on 1st April 1996.
2
In these Regulations —
“ the Act ” means the National Health Service Act 1977;
“appointing body” means, in relation to the appointment of a member, the Secretary of State, a relevant local authority or a voluntary organisation;
“Chief Officer” means the person appointed under regulation 13 to act as Chief Officer of a Council;
“Council” means a Community Health Council;
“financial year” means the period of 12 months ending on 31st March in any year;
“member” means a member of a Council;
“ 1985 Regulations ” means the Community Health Councils Regulations 1985 .
“relevant date” means, in relation to the term of office of any member —
in the case of a Council whose district is situated in England, 31st August; and
in the case of a Council whose district is situated in Wales, 31st March;
“relevant Health Authority” means, in relation to a Council, any Health Authority whose area, or any part of whose area, is included in the district of the Council;
“relevant local authority” means, in relation to a Council, any local authority whose area or part of whose area, is included in the district of the Council;
“relevant NHS trust” means, in relation to a Council, any NHS trust established in relation to a hospital, or other establishment or facility situated or to be situated wholly or partly within the district of the Council;
3
In these Regulations, unless the context otherwise requires, any reference to a numbered regulation is a reference to the regulation bearing that number in these Regulations, and any reference in a regulation to a numbered paragraph is a reference to the paragraph bearing that number in that regulation.
PART II
ESTABLISHMENT AND MEMBERSHIP OF COUNCILS
Composition of Councils
2
1
The members of a Council shall be appointed —
a
in the case of certain members, by the relevant local authorities in accordance with regulation 4,
b
in the case of certain other members, by the voluntary organisations determined in accordance with regulation 5, and
c
in the case of the remaining members, by the Secretary of State;
and for this purpose the Secretary of State shall, when establishing a Council, determine the number of its members to be appointed by each of the categories of appointing authorities mentioned in sub-paragraphs (a), (b) and (c) above.
2
The Secretary of State shall exercise his power of determination under paragraph (1) so as to secure that —
a
at least one member is appointed by each of the relevant local authorities;
b
at least half of the members are appointed by local authorities; and
c
at least one-third of the members are appointed by voluntary organisations.
3
Subject to paragraph (2), the Secretary of State may, after consultation with the Council and with such other bodies as he may consider appropriate, vary the total membership or the composition of that Council, whether or not the variations is accompanied by a variation in the district or part of the district for which the Council is established.
Term of office of members
3
1
Subject to the following provisions of this regulation and to regulations 7 and 8 (disqualification for, and termination of, membership), the term of office of any member shall be four years commencing —
a
in the case of a Council whose district is situated in England, on 1st September; and
b
in the case of a Council whose district is situated in Wales, on 1st April,
in any year.
2
Subject to paragraph (4), as respects the members first appointed on the establishment of a Council —
a
the term of office of certain of those members, to be identified in accordance with paragraph (3), shall end on the relevant date in the first even year; and
b
the term of office of the other members shall end on the relevant date in the next even year which falls after the firest even year.
3
The members whose term of office is to expire in accordance with paragraph (2)(a) shall be chosen at the time of their appointment by agreement between the appointing bodies or, in default of such agreement, by the Secretary of State; and those members shall comprise one half (as near as may be) of the members appointed by each of the following categories of appointing authority: —
a
the relevant local authorities;
b
the voluntary organisations; and
c
the Secretary of State.
4
Where a new Council is to be established for the district or part of the district of an existing Council, the Secretary of State may determine that the term of office of any member of the existing Council shall cease immediately before the establishment of the new Council.
5
Subject to regulation 8(1), where a person (“the original member”) ceases for any reason to be a member before the expiration of the term for which he was appointed, the term of office of any member appointed or member re-appointed in his place shall be the unexpired period of the original member’s term.
6
In this regulation —
“even year” means any calendar year which is a multiple of two;
“first even year” means the next even year falling after the calendar year in which a Council is established.
Appointment of members by local authorities
4
1
Where the number of members to be appointed to a Council by relevant local authorities allows for more than one member to be appointed by each relevant local authority, any further members shall be appointed by such of the relevant local authorities.
a
as those authorities may by agreement determine; or
b
in default of agreement by such date as the Secretary of State may specify, as the Secretary of State shall determine.
2
A member appointed in accordance with this regulation may, but need not, be a member of the local authority which appoints him.
3
Subject to paragraph (4), where a member appointed by a local authority is a member of the authority, he shall, if he ceases to be a member of that authority, cease also to be a member of the Council at the end of the period of two months beginning with the date on which he ceased to be a member of the authority.
4
In a case to which paragraph (3) applies the local authority may, during the period referred to in that paragraph, give notice in writing to the Chief Officer and to the Secretary of State that the person appointed is to continue as a member of the Council.
Appointment of members by voluntary organisations
5
1
The Secretary of State shall invite such voluntary organisations as he shall determine, being organisations which in his opinion have an interest in the health service in the district of a Council, to take part in the appointment of members of the Council.
2
Subject to paragraph (3), the voluntary organisations invited to take part in making appointments to a Council shall, by agreement between them, determine which of them, acting either alone or jointly with one or more other voluntary organisations, shall make the appointment of those members who are to be appointed by the voluntary organisations.
3
In default of agreement for the purposes of paragraph (2) by such date as the Secretary of State may specify for the purpose, the Secretary of State shall determine which of the voluntary organisations shall make any appointment and whether the appointment should be made by one or more such organisations acting alone or jointly with one or more other ayxg organisations.
4
A member appointed in accordance with this regulation may, but need not, be a member of the voluntary organisation which appoints him.
Eligiblity of members for reappointment
6
1
Subject to paragraph (2) and to regulation 7, a member shall, on the expiration of his term of office, be eligible for reappointment.
2
A person who has been a member for eight or more consecutive years shall not be eligible for reappointment, unless a period of at least 4 years has elapsed since he was last a member.
Disqualification for membership
7
1
Subject to paragraph (3), a person shall be disqualified for appointment as a member, and from being a member, if —
a
he is a chairman or is a member of, or is employed by a relevant Health Authority or, a Special Health Authority, which provides services within the district of the Council;
b
he provides or is employed by a person or body, not being a voluntary organisation, providing services under the Act in accordance with a contract made between that person or body and the relevant Health Authority or a relevant NHS trust;
c
he is a chairman or director of, or is employed by, a relevant NHS trust which provides services in the district of the Council; or
d
he is a —
i
medical practitioner;
ii
dental practitioner;
iii
registered pharmacist;
iv
registered ophthalmic optician or registered dispensing optician within the meaning of the Opticians Act 1989 ;
v
registered nurse, registered midwife or registered health visitor;
providing services as such within the district of the Council.
2
Subject to paragraph (3), a person shall be disqualified for appointment, and from being a member if he has been dismissed, otherwise than by reason of redundancy, from any paid employment with any of the following bodies —
a
a Regional Health Authority, a District Health Authority or a Family Health Services Authority;
b
a Health Authority;
c
a Special Health Authority;
d
the National Radiological Protection Board established by section 1 of the Radiological Protection Act 1970 ;
e
the Public Health Laboratory Service Board;
f
an NHS trust; or
g
the Dental Practice Board .
3
Subject to paragraph (4), where a person is disqualified under paragraph (2) he may, after the expiry of not less than two years commencing with the date of the dismissal, apply in writing to the Secretary of State for the removal of the disqualification, and the Secretary of State may direct that the disqualification shall cease.
4
Where the Secretary of State refuses a person’s application for the removal of a disqualification, no further application may be made by that person within two years of the date of that application.
Termination of membership
8
1
A member may resign at any time during the period for which he was appointed on giving notice in writing to the Secretary of State who shall, if he did not appoint the member, forthwith notify the relevant appointing body.
2
The date on which a resignation by notice given pursuant to paragraph (1) is to take effect, shall be —
a
where a date is specified in the notice as being that on which the resignation is to take effect, that date; and
b
in any other case, the date on which the notice is received by the Secretary of State.
3
If a member has failed to attend a meeting of the Council, or a committee of the Council, for a period of four months the Council shall report his absence to the relevant appointing body and (where the absence is not reported to him as a relevant reporting body) to the Secretary of State, and the Secretary of State shall, unless he is satisfied that —
a
the absence was due to a reasonable cause; and
b
the member will be able to attend meetings of the Council within such period as the Secretary of State considers reasonable,
declare that his place on the Council has become vacant and on the making of such a declaration, that person shall cease to be a member.
4
If the Secretary of State is of the opinion that it is not in the interests of the health service for a person to continue as a member, he may, subject to paragraph (5), terminate the member’s term of office.
5
The Secretary of State shall not terminate a member’s term of office under paragraph (4) without having consulted the Council and, where he did not appoint the member, the relevant appointing body.
6
A person who ceases to be a member by virtue of the operation of paragraph (3) and (4) shall be disqualified from reappointment as a member for a period of four years.
7
In this regulation, “relevant appointing body” means, in relation to a member, the appointing body which appointed him.
Variation of Councils and of their membership
9
Where the district for which any Council is established is varied, or where the membership of a Council is varied, the term of office of any member appointed to any Council immediately following such a variation shall be for such period not exceeding four years, expiring on the relevant date in any even year, as the Secretary of State shall in each case determine.
PART III
PROCEEDINGS OF COUNCILS
Election of chairman and vice-chairman
10
1
The members shall elect —
a
one of their number to be chairman; and
b
one or two of their number, other than the chairman, to be vice-chairman;
for such periods as they may determine on making the election, not being in any case a longer period than the remainder of the period of the elected member’s term of office as a member; and the Chief Officer shall forthwith notify the Secretary of State in writing of the names of the persons so elected.
2
A chairman or vice-chairman may at any time resign that office by giving notice in writing to the Chief Officer, who shall forthwith notify the Secretary of State in writing;
a
where the chairman has resigned, the members shall elect anoither chairman in accordance with paragraph (1)
b
where a vice-chairman has resigned —
i
if there is no other vice-chairman, the members shall,
ii
if there is another vice-chairman, the members may,
elect another vice-chairman in accordance with paragraph (1).
Appointment of committees and joint committees
11
1
Subject to paragraph (2), a Council may appoint one or more committees of the Council to exercise, subject to such restrictions and conditions as the Council thinks fit, some, but not all, of the Council’s functions.
2
Except where the Secretary of State may, in any particular case, otherwise allow, not less than two-thirds of the members of any committee appointed by a Council shall be members of that Council.
3
A Council may, together with one or more other Councils, appoint a joint committee, of which the members shall consist wholly of members of those Councils, to exercise, subject to such restrictions and conditions as may be agreed between those Councils, some, but not all, of the functions of each of those Councils.
Meetings and proceedings
12
The provisions of the Schedule to these Regulations shall have effect with respect to the meetings and proceedings of a Council.
Officers
13
1
The Secretary of State shall appoint a person acceptable to a Council to act as its Chief Officer and shall also, after consultation with the Council and subject to acceptance by the Council of any individual officer appointed, appoint persons to act as such other officers for the Council as he considers necessary.
2
The appointment of a person to act as an officer of a Council shall be made by the Secretary of State in a manner and for a period acceptable to the Council.
3
Persons appointed in accordance with paragraphs (1) and (2) shall be employed by such Health Authority as the Secretary of State may determine for the purpose, in accordance with any regulations made and any directions given by the Secretary of State under the Act, and their services shall be made available to the Council by the employing authority for the period of the appointment.
Premises and other facilities
14
1
The Secretary of State shall, after consultation with the Council —
a
provide the Council with such office and other accommodation as he considers necessary to enable the Council to perform its functions; and
b
secure that arrangements are made for such administration, maintenance, cleaning and other services as may, in his opinion, be necessary for such accommodation;
but arrangements for the provision of services and accommodation may be made, with the approval of the Secretary of State, by the members.
2
To enable the Council to perform its function
a
the Secretary of State may make available to the Council such facilities (including use of any premises and the use of any vehicle, plant or apparatus) provided by him for any service under the Act as he considers are necessary and
b
the Health Authority shall referred to in regulation 13(3) make available to the Council the services of such of its employees as the Secretary of State may direct.
Expenses
15
1
The Secretary of State shall, in respect of each financial year, pay to each Council sums equal to the amounts which he has approved as the amounts of expenditure which he considers may reasonably be incurred by the Council in that year for the purpose of performing its functions.
2
Each Council shall submit to the Secretary of State, in such form and by such date as he may specify, such estimates as he may require of the expenditure which it expects to incur during such financial years as he may specify.
3
The Secretary of State may approve the amounts of the estimates submitted under paragraph (2) with or without modification, or subject to such conditions as he thinks fit, and may at any time vary such approval or conditions.
4
A Council shall not incur expenses in excess of the amounts approved for that Council by the Secretary of State under this regulation.
Reports
16
1
A Council shall, as soon as reasonably practicable after 31st March in 1997 and in each successive year —
a
make a report in writing to the Secretary of State regarding the performance of its functions during the period of twelve months ending on 31st March in that year and such other matters as the Secretary of State may require;
b
furnish copies of the report to each relevant Health Authority, each relevant NHS trust and each relevant local authority; and
c
take such measures as the Council considers to be appropriate to secure that the contents of the report are made known to the public in its district.
2
Upon receipt of the report each relevant Health Authority shall —
a
furnish to the Council its comments on the report and a record of any steps taken by the Health Authority in consequence of advice given, or proposals made, by the Council; and
b
secure that those comments and that record are made known to the public in the district of the Council.
PART IV
PERFORMANCE OF FUNCTIONS
Advising on operation of the health service
17
It shall be the duty of each Council to keep under review the operation of the health service in its district, to make recommendations for the improvement of that service and to advise any relevant Health Authority upon such matters relating to the operation of the health service within its district as the Council thinks fit.
Consultation of Councils by relevant Health Authorities
18
1
Subject to paragraphs (2) and (3), it shall be the duty of each relevant Health Authority to consult a Council on any proposals which the Health Authority may have under consideration for any substantial development of the health service in the Council’s district and on any proposals to make any substantial variation in the provision of such service.
2
Paragraph (1) shall not apply with respect to any proposal to establish or dissolve an NHS trust.
3
Paragraph (1) shall not apply to any proposal on which the Health Authority is satisfied that, in the interest of the health service, a decision has to be taken without allowing time for consultation; but, in any such case, the Health Authority shall notify the Council immediately of the decision taken and the reason why no consultation has taken place.
4
A Health Authority may specify the date by which comments on any proposals referred to in paragraph (1) are to be made by the Council.
5
In any case where a Council is not satisfied that sufficient time has been allowed under paragraph (4), or that consultation on any proposal referred to in paragraph (1) has been adequate, the Council shall notify the Secretary of State in writing who may require the Health Authority to carry out such further consultation with the Council as he considers appropriate.
6
Where further consultation has been required under paragraph (5), the Health Authority shall, having regard to the outcome of such further consultation, reconsider any decision it has taken in relation to the proposal in question.
Information to be furnished by relevant Health Authorities
19
1
Subject to paragraph (2), it shall be the duty of each relevant Health Authority to provide a Council with such information about the planning and operation of health services in its area as the Council may reasonably require in order to discharge its functions.
2
Nothing in paragraph (1) shall require the provision by a Health Authority of confidential information relating to —
a
the diagnosis or treatment of any patient; or
b
personnel matters affecting any officer employed by the Health Authority;
or any of other information the disclosure of which is prohibited by law.
3
In the event of a Health Authority refusing to disclose to a Council information to which paragraph (2) does not apply, the Council may appeal to the Secretary of State and a decision of the Secretary of State as to whether the information is reasonably required by the Council in order to discharge its functions shall be final for the purposes of this regulation.
Inspection of premises by Councils
20
1
Subject to paragraph (2), a Council or any member authorised by the Council for the purpose may enter and inspect any premises controlled by a relevant Health Authority or relevant NHS trust at such times and subject to such conditions as may be agreed between the Council and the Health Authority or NHS trust or, in default of such agreement, as may be determined by the Secretary of State.
2
No member shall enter —
a
any premises or part of premises used as residential accommodation for officers employed by any Health Authority or NHS trust, without having first obtained the consent of the officers residing in such accommodation; or
b
any premises or part of premises made available to persons providing general medical services, general dental services, general ophthalmic services or pharmaceutical services, without having first obtained the consent of those persons.
Meetings between Council and relevant Health Authority
21
It shall be the duty of each relevant Health Authority to arrange, not less than once every year, a meeting between members of the Health Authority, being not less than one-third of its members, and the members of the Council to discuss such matters relating to the functions of the Council as may be raised by the Council or the relevant Health Authority.
PART V
TRANSITIONAL PROVISIONS AND REVOCATIONS
Transitional arrangements for existing members
22
Where, before 1st April 1996, a person has been appointed a member of a Council whose district is situated in England, under the 1985 Regulations and his term of office has not expired before that date, he shall continue as a member for the remainder of his term of office, and regulation 7 (disqualification for membership) and regulation 8 (termination of membership) of those Regulations shall continue to apply in his case, for the remainder of his term of office as if these Regulations had not come into force.
Revocations
23
The Community Health Councils Regulations 1985 , the Community Health Councils (Amendment) Regulations 1990 and the Community Health Councils (Amendment) Regulations 1991 are hereby revoked.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State,
Department of Health
6th March 1996
Signed by authority of the Secretary of State for Wales
Rod Richards
Parliamentary Under Secretary of State,
Welsh Office
7th March 1996


text:
1
This Order may be cited as the A1400 Trunk Road (Southend Road, Redbridge) (Prohibition of Right Turn and U-Turns) Order 1996 and shall come into force on 13th September 1996.
2
In this Order —
“the un-named road”means the access road to a retail development off Southend Road opposite Lechmere Approach;
“Southend Road”means that length of the A1400 Trunk Road in the London Borough of Redbridge known as Southend Road;
“Lechmere Approach”means the road of that name in the London Borough of Redbridge; and
“the junction”means the junction of Southend Road with Lechmere Approach and the un-named road.
3
Save as provided in article 4 below, no person shall, at the junction, cause or permit any vehicle proceeding in —
a
Southend Road westbound carriageway to make a right turn into Lechmere Approach;
b
Southend Road eastbound carriageway to make a U-turn so as to proceed in the opposite direction; and
c
Southend Road westbound carriageway to make a U-turn so as to proceed in the opposite direction.
4
Nothing in this Order shall apply —
a
to anything done at the direction or with the permission of a police constable in uniform;
b
to any vehicle being used for police, fire brigade or ambulance purposes.
Signed by authority of the Secretary of State for Transport
A R Mellors
Assistant Director Highways Agency London Network Management Division
9th September 1996


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (General Ophthalmic Services) Amendment Regulations 1996 and shall come into force on 1st April 1996.
2
In these Regulations, “the principal Regulations ” means the National Health Service (General Ophthalmic Services) Regulations 1986 .
Amendment of regulation 2 of the principal Regulations
2
In regulation 2(1) of the principal Regulations (interpretation), after the definition of “the Statement” insert —
“suspended by direction of the Tribunal” means suspended as respects the provision of general ophthalmic services to patients by a direction of the Tribunal made pursuant to section 49A(2) or section 49B(1) of the Act or to any provisions in force in Scotland or Northern Ireland corresponding to those provisions;
.
Amendment of regulation 6 of the principal Regulations
3
In regulation 6 (ophthalmic list), at the end of paragraph (1) insert “in its area and who are not disqualified for inclusion by virtue of the provisions of sections 47(1), 48(b), 49A(3), 49B(1) or 49D(2) of the Act ”.
Amendment of regulation 7 of the principal Regulations
4
In regulation 7 (application for inclusion in ophthalmic list and notification), in paragraph (1) —
a
at the end of sub-paragraph (a), omit “and”; and
b
at the end of sub-paragraph (b), insert —
; and
a declaration that he is not suspended by direction of the Tribunal.
.
Amendment of regulation 9 of the principal Regulations
5
In regulation 9 (removal from ophthalmic list), after paragraph (2) insert the following new paragraph —
2A
In calculating the period of six months referred to in paragraph (2), a Health Authority shall disregard any period during which the contractor provided no general ophthalmic services by reason only that he was suspended by direction of the Tribunal.
.
Amendment of regulation 12 of the principal Regulations
6
In regulation 12 (payment for services), in paragraph (2)(b), for “regulation 6(6)(a) of the National Health Service (Service Committees and Tribunal) Regulations 1974” substitute “regulation 5(1) of the National Health Service (Service Committees and Tribunal) Regulations 1992” .
Payments to suspended contractors
7
After regulation 12 of the principal Regulations insert the following new regulation —
Payments to contractors suspended by direction of the Tribunal
12A
1
A Health Authority shall make payments to any contractor who is suspended by direction of the Tribunal in accordance with the Secretary of State’s determination for the time being in force in relation to such payments.
2
The Secretary of State shall make the determination in accordance with paragraphs (3) and (4) after consultation with the organisations referred to in regulation 10(1), and it shall be published with the Statement there referred to.
3
Subject to paragraph (4), the Secretary of State’s determination shall be such as to secure that, as far as reasonably practicable, the suspended contractor receives payments at a rate corresponding to his remuneration by virtue of regulation 10 during the 12 months ending with the direction for suspension by the Tribunal.
4
The Secretary of State’s determination may include provision that payments in accordance with the determination are not to exceed a specified amount in any specified period.
5
In a case to which section 49B(3) of the Act applies, the determination shall provide for the amount by which a suspended contractor’s payments are to be reduced to take account of any payments which he receives for providing general ophthalmic services other than as a principal.
6
Regulation 10(2) shall apply to determinations under this regulation as it applies to determinations under that regulation.
7
Regulation 12(2) shall apply to payments made under this regulation as it applies to payments made under that regulation.
.
Amendment of Schedule 1
8
1
Schedule 1 (terms of service for ophthalmic medical practitioners and opticians) shall be amended as follows.
2
In paragraph 2 (incorporation of provisions), in sub-paragraph (b) —
a
for “National Health Service (Service Committees and Tribunal) Regulations 1974” substitute “National Health Service (Service Committees and Tribunal) Regulations 1992”; and
b
in paragraph (i), for “ophthalmic service committee” substitute “ophthalmic discipline committee”.
3
For paragraph 5 (notices) substitute —
5
A contractor shall secure that at each place at which he provides general ophthalmic services there is prominently displayed a notice and leaflet supplied or approved by the Health Authority, indicating the services available under general ophthalmic services and indicating to which descriptions of his patients a payment may be made under the National Health Service (Optical Charges and Payments) Regulations 1989 .
.
4
In paragraph 7 (deputies), in sub-paragraph (1), for the words “disqualified by the Tribunal from inclusion in the opthalmic list” substitute —
a
who, having been disqualified under section 46(2)(b) of the Act (or under any corresponding provision in force in Scotland or Northern Ireland) from inclusion in the ophthalmic list of any Health Authority (or, in Scotland or Northern Ireland, of a Health Board or of a Health and Social Services Board respectively), is also the subject of a declaration under section 46(2)(c) of the Act (or any corresponding provision in force in Scotland or Northern Ireland) that he is not fit to be engaged in any capacity in the provision of general ophthalmic services; or
b
who is suspended by direction of the Tribunal, other than in a case falling within section 49B(3) of the Act.
.
5
In paragraph 8 (employees), for sub-paragraph (3) substitute —
3
A contractor shall not employ in the provision of general ophthalmic services any person —
a
who, having been disqualified under section 46(2)(b) of the Act (or under any corresponding provision in force in Scotland or Northern Ireland) from inclusion in the ophthalmic list of any Health Authority (or, in Scotland or Northern Ireland, of a Health Board or of a Health and Social Services Board respectively), is also the subject of a declaration under section 46(2)(c) of the Act (or any corresponding provision in force in Scotland or Northern Ireland) that he is not fit to be engaged in any capacity in the provision of general ophthalmic services; or
b
who is suspended by direction of the Tribunal, other than in a case falling within section 49B(3) of the Act.
.
6
After paragraph 8 (employees), insert the following new paragraphs —
Complaints
8A
1
Subject to sub-paragraphs (2) and (3), a contractor shall establish, and operate in accordance with this paragraph, a procedure (in this paragraph and in paragraph 8B referred to as a “complaints procedure”) to deal with any complaints made by or on behalf of his patients and former patients.
2
The complaints procedure to be established by a contractor may be such that it also deals with complaints made in relation to one or more other contractors.
3
The complaints procedure to be established by a contractor who provides general ophthalmic services from more than one set of premises may be such that it relates to all those premises together.
4
A complaints procedure shall apply to complaints made in relation to any matter reasonably connected with the contractor’s provision of general ophthalmic services and within the responsibility or control of —
a
the contractor;
b
where the contractor is a body corporate, any of its directors or former directors;
c
a former partner of the contractor;
d
any other person (being an optician, an ophthalmic medical practitioner or a person authorised to test sight by rules made under section 24(3) of the Opticians Act 1989) who is either employed by the contractor or engaged as his deputy;
e
any employee of the contractor other than one falling within paragraph (d),
and in this paragraph and paragraph 8B, references to complaints are to complaints falling within this sub-paragraph.
5
A complaint may be made on behalf of a patient or former patient with his consent, or —
a
where the patient is a child under the age of 16 years —
i
by either parent, or in the absence of both parents, the guardian or other adult person who has care of the child, or
ii
where the child is in the care of an authority to whose care he has been committed under the provisions of the Children Act 1989 , or in the care of a voluntary organisation, by that authority or voluntary organisation; or
b
where the patient is incapable of making a complaint, by a relative or other adult person who has an interest in his welfare.
6
Where a patient has died, a complaint may be made by a relative or other adult person who had an interest in his welfare or, where the patient was as described in paragraph (a)(ii) of sub-paragraph (5), by the authority or voluntary organisation.
7
A complaints procedure shall comply with the following requirements —
a
the contractor must specify a person (who need not be connected with the contractor and who, in the case of an individual, may be specified by his job title) to be responsible for receiving and investigating all complaints;
b
all complaints must be —
i
recorded in writing.
ii
acknowledged, either orally or in writing, within the period of three days (excluding Saturdays, Sundays, Christmas Day, Good Friday and bank holidays) beginning with the day on which the complaint was received by the person specified under paragraph (a) or where that is not possible, as soon as reasonably practicable, and
iii
properly investigated;
c
within the period of 10 days (excluding Saturdays, Sundays, Christmas Day, Good Friday and bank holidays) beginning with the day on which the complaint was received by the person specified under paragraph (a), or where that is not possible, as soon as reasonably practicable, the complainant must be given a written summary of the investigation and its conclusions;
d
where the investigation of the complaint requires consideration of the patient’s sight testing records, the person specified under paragraph (a) must inform the patient or person acting on his behalf if the investigation will involve disclosure of information contained in those records to a person other than the contractor, or a director, partner, deputy or employee of the contractor; and
e
the contractor must keep a record of all complaints and copies of all correspondence relating to complaints, but such records must be kept separate from patients' sight testing records.
8
At each of the premises at which the contractor provides general ophthalmic services he must provide information about the complaints procedure which he operates and give the name (or title) and address of the person specified under paragraph (7)(a).
8B
1
A contractor shall cooperate with any investigation of a complaint by the Health Authority in accordance with the procedures which it operates in accordance with directions given under section 17 of the Act , whether the investigation follows one under the contractor’s complaints procedure or not.
2
The co-operation required by sub-paragraph (i) includes —
a
answering questions reasonably put to the contractor by the Health Authority;
b
providing any information relating to the complaint reasonably required by the Health Authority; and
c
attending any meeting to consider the complaint (if held at a reasonably accessible place and at a reasonable hour, and due notice has been given), if the contractor’s presence at the meeting is reasonably required by the Health Authority.
Complaints against ophthalmic medical practitioners
8C
1
A contractor who, being an ophthalmic medical practitioner also provides general medical services, shall secure that the practice based complaints procedure he has established and operates in accordance with paragraph 47A of the doctor’s terms of service applies in relation to any matter reasonably connected with his provision of general ophthalmic services as it applies as respects his provision of general medical services.
2
Accordingly, paragraph 47B of those terms of service also applies in relation to complaints about such matters.
.
7
In paragraph 11 (use of disqualified name), in sub-paragraph (1), at the end insert “by virtue of section 47(1), 48(b), 49A(3), 49B(1) or 49D(2) of the Act”.
Signed by authority of the Secretary of State for Health,
Gerald Malone
Minister of State,
Department of Health
11th March 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Town and Country Planning (General Development Procedure) (Amendment) Order 1996 and shall come into force on 5th August 1996.
2
In this Order —
“the 1995 Order ” means the Town and Country Planning (General Development Procedure) Order 1995 .
Consultation before the grant of planning permission
2
1
In the table in Article 10(1) of the 1995 Order (consultation before the grant of planning permission), after paragraph (y) insert —
z
Development which:
i
is likely to prejudice the use, or lead to the loss of use, of land being used as a playing field; or
ii
is on land which has been:
aa
used as a playing field at any time in the 5 years before the making of the relevant application and which remains undeveloped; or
bb
allocated for use as a playing field in a development plan or in proposals for such a plan or its alteration or replacement; or
iii
involves the replacement of the grass surface of a playing pitch on a playing field with an artificial, man-made or composite surface
In England, the Sports Council for England; in Wales, the Sports Council for Wales
Definition of “playing field” and “playing pitch”
3
In article 10(2) of the 1995 Order —
a
at the end of paragraph (j), delete “and”;
b
after paragraph (k) insert —
; and
in paragraph (z) —
“playing field” means the whole of a site which encompasses at least one playing pitch;
“playing pitch” means a delineated area which, together with any run-off area, is of 0.4 hectares or more, and which is used for association football, American football, rugby, cricket, hockey, lacrosse, rounders, baseball, softball, Australian football, Gaelic football, shinty, hurling, polo or cycle polo.
Signed by authority of the Secretary of State
Robert Jones
Minister of State,
Department of the Environment
8th July 1996
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under-Secretary of State, Welsh Office
10th July 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Contracting Out (Management Functions in relation to certain Community Homes) Order 1996.
2
This Order shall come into force on the day after the day on which it is made.
3
In this Order —
“ the Act ” means the Children Act 1989 , and
“local authority” has the meaning given in section 105(1) of the Act (interpretation) in relation to England and Wales.
Contracting out of management functions in relation to certain community homes
2
1
Subject to paragraph (2) of this article, the function conferred on a local authority by section 53(3)(a) of the Act of managing a community home may be exercised by, or by the employees of, such person (if any) as may be authorised in that behalf by a local authority.
2
Paragraph (1) of this article does not apply to the function of managing a community home, or any part of a community home, which is provided for the purpose of restricting the liberty of children under the age of eighteen.
Meaning of “community home” for the purposes of section 53(3)(a) of the Act
3
Where the function of managing a community home is exercised in accordance with article 2(1) above otherwise than by a local authority, that home remains a community home within section 53(3)(a) of the Act.
Stephen Dorrell
One of Her Majesty’s Principal Secretaries of State
Department of Health
5th March 1996


text:
1
This Order may be cited as the A41 Trunk Road (Watford Way/Hendon Way, Barnet) Temporary Prohibition of Traffic Order 1996 and shall come into force on the 23rd November 1996.
2
This Order is made because the Traffic Director for London is satisfied that traffic on the roads, or lengths of road, mentioned in the schedule to this Order should be prohibited because works are being or are proposed to be executed on or near those roads or lengths of road.
3
During the period starting at 00.01 hours on 23rd November 1996 for a period of six months or when those works have been completed, whichever is the sooner, the prohibitions specified in article 4 below shall have effect.
4
Subject to the provisions of article 5 below, no person shall cause or permit any vehicle to enter or proceed in the lengths of road specified in the schedule to this Order.
5
1
The prohibitions specified in article 4 above shall apply only during such times and to such extent as shall from time to time be indicated by traffic signs specified by regulations or authorised under section 64 of the Road Traffic Regulation Act 1984.
2
The prohibitions specified in article 4 above shall not apply in respect of —
i
any vehicle being used for the purpose of those works, or for fire brigade, ambulance or police purpose, or
ii
anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
TRO 218
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
22nd November 1996


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Housing Renovation etc. Grants (Prescribed Forms and Particulars) (Welsh Forms and Particulars) (Amendment) Regulations 1996 and shall come into force on 17th June 1996.
2
In these Regulations “the principal Regulations ” means the Housing Renovation etc. Grants (Prescribed Forms and Particulars) (Welsh Forms and Particulars) Regulations 1994 .
3
Any reference in these Regulations to a numbered form is a reference to the form bearing that number in Schedule 1 to the principal Regulations.
Amendment of the principal Regulations
2
Schedule 1 to the principal Regulations is amended —
a
as regards “Ffurflen 1 cais am grant adnewyddu” (Form 1 application for renovation grant), as mentioned in Schedule 1;
b
as regards “Ffurflen 2 cais am grant cyfleusterau i’r anabl” (Form 2 application for disabled facilities grant), as mentioned in Schedule 2; and
c
as regards “Ffurflen 3 cais am grant rhannau cyffredin” (Form 3 application for common parts grant), as mentioned in Schedule 3.
Application
3
These Regulations shall not have effect in relation to applications for grant made before 17th June 1996.
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
31st May 1996


text:
Citation and commencement
1
This Order may be cited as the Hereford Hospitals National Health Service Trust (Establishment) Amendment Order 1996, and shall come into force on 6th April 1996.
Amendment of Establishment Order
2
In Article 3 of the Hereford Hospitals National Health Service Trust (Establishment) Order 1993 (functions of the trust) —
a
in paragraph (1) for “section 5(1)(a)” there shall be substituted “section 5(1)(b)”; and
b
in paragraph (2) for “own and manage” there shall be substituted “provide and manage”.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State,
Department of Health
27th March 1996


text:
1
This Order may be cited as the Financial Assistance for Industry (Increase of Limit) Order 1996 and shall come into force on the day after it is made.
2
The limit of £1,900 million specified in section 8(5) of the Industrial Development Act 1982 shall be increased by the sum of £200 million.
Phillip Oppenheim,
Parliamentary Under Secretary of State for Company Affairs
Department of Trade and Industry
25th February 1996
We consent to the making of this Order,
Simon Burns,
Liam Fox,
Two of the Lords Commissioners of Her Majesty’s Treasury
28th February 1996


text:
1
These Regulations may be cited as the Income Tax (Employments) (Amendment No. 5) Regulations 1996 and shall come into force on 1st November 1996.
2
The Income Tax (Employments) Regulations 1993 shall be amended in accordance with regulations 3 and 4.
3
In regulation 29, for paragraph (1) there shall be substituted the following paragraph —
1
This regulation applies to an employee within regulation 28(1)(a) who certifies, on a form provided by the Board and delivered to the employer —
a
that he is taking up employment for the first time after a period of full-time education,
b
that he has not made a claim as defined in regulation 81, and
c
that he is not in receipt of a pension.
4
In regulation 30, for paragraph (1) there shall be substituted the following paragraph —
1
This regulation applies to an employee within regulation 28(1)(a), who is not within regulation 29, and who certifies, on a form provided by the Board and delivered to the employer —
a
that the employment is his only or main employment, and
b
that he is not in receipt of a pension.
S C T Matheson
G H Bush
Two of the Commissioners of Inland Revenue
7th October 1996


text:
Citation
1
This Order may be cited as the Scottish Environment Protection Agency (Transfer Date) Order 1996.
Transfer date
2
For the purposes of Part I of the Environment Act 1995 as it applies for or in connection with transfers under or by virtue of Chapter II of that Part, the transfer date shall be 1st April 1996.
Lindsay
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
22nd January 1996


text:
Citation and commencement
1
These Regulations may be cited as the Hydrocarbon Oil (Payment of Rebates) Regulations 1996 and shall come into force on 1st October 1996.
Revocation
2
The following regulations are hereby revoked; that is to say —
a
regulations 31, 32 and 33 of the Hydrocarbon Oil Regulations 1973 ; and
b
subparagraphs (c) and (d) of regulation 3 of the Hydrocarbon Oil (Amendment) Regulations 1981 .
Interpretation
3
1
In these Regulations —
“ Act ” means the Hydrocarbon Oil Duties Act 1979;
“annual rebate payment person” means a rebate payment person permitted by the Commissioners in the licence issued by them to him as a rebate payment person to furnish an estimate (as required by these Regulations) in relation to any year commencing 1st January after the issue of the licence;
“business days” means days which are business days within the meaning of section 92 of the Bills of Exchange Act 1882 ;
“Collector for the Oils Accounting Centre” means the Collector of Customs and Excise responsible for the Oils Accounting Centre at HM Customs and Excise, Dorset House, Stamford Street, London SE1 9PY or at such other address which may be specified in directions made by the Commissioners under section 116 of the Customs and Excise Management Act 1979;
“Event A” is the event described in regulation 6(2)(a) below;
“Event B(1)”, “Event B(2)” and “Event B(3)” is, in each case, the event described in regulation 6(2)(b) below in association with the consequence described by the following subparagraphs ((a) to (c)) of regulation 6(3) below —
subparagraph (a) in the case of Event B(1);
subparagraph (b) in the case of Event B(2); and
subparagraph (c) in the case of Event B(3);
“gas oil” has the meaning given by section 11(2) of the Act;
“his accounting period” means —
in relation to a quarterly rebate payment person, any quarter in any year commencing 1st January, 1st April, 1st July and 1st October; and
in relation to an annual rebate payment person, any year commencing 1st January following the issue of the licence to him, in which the Commissioners permit him to furnish an estimate in relation to a year commencing on that date;
“licensed user” means an annual rebate payment person or a quarterly rebate payment person;
“quarterly rebate payment person” means a rebate payment person permitted by the Commissioners, in the licence issued by them to him as a rebate payment person, to furnish an estimate (governed by these Regulations) in relation to any quarterly period in any year commencing 1st January, 1st April, 1st July and 1st October;
“rebated heavy oil activity” means, in relation to heavy oil described in section 12(2) of the Act (which includes gas oil and section 12 kerosene), the use of that heavy oil as fuel for a road vehicle (falling within that section) or the taking of that heavy oil into that vehicle as fuel;
“rebated kerosene activity” means, in relation to section 13AA kerosene, either of the two uses of that kerosene as fuel for engines, or the taking of that kerosene into the fuel supply of an engine, which engines and engine fall respectively within paragraph 5(a), (b) and (c) of section 13AA(2) of the Act;
“rebate payment person” means, subject to paragraph (3) below of this regulation, a person —
who applies in writing to the Commissioners for a licence authorising him to make payments in accordance with the provisions of these Regulations for the purposes of section 12(2) or section 13AA(3) and (4) of the Act, as specified in his application; and
to whom such a licence is issued by the Commissioners;
“section 12 kerosene” means heavy oil of the description given by paragraph (c) of section 11(1) of the Act; and
“section 13AA kerosene” means kerosene of the description given by section 13AA(5) of the Act for the purposes of sections 13AA and 13AB of the Act.
2
In regulation 6(3)(c) below “the rate of net excise duty per litre of section 13AA kerosene” means the rate, expressed as pence per litre, calculated in accordance with the formula provided by paragraph 2 of, and by paragraph 3 of Schedule 2 to these Regulations for the purpose of effecting the comparison (required by regulation 6(3)(c) below) in accordance with the provisions of Schedule 2.
3
“rebate payment person” does not include a person, in relation to any period after the withdrawal of the following licence takes effect, whose licence, issued to him as a rebate payment person, has been withdrawn for reasonable cause by the Commissioners (in a notice of withdrawal issued to him at his address appearing in his written application for the licence) with effect from the end of the quarter commencing 1st January, 1st April, 1st June or 1st October (in any year) in which the notice of withdrawal is issued.
Effective rebate payments for the purposes of section 12(2) or 13AA(2) of the Act
4
A payment made for the purposes of section 12(2) or 13AA(2) of the Act shall not be effective unless it is made by a licensed user in accordance with the provisions of regulation 5 or, as the case may be, regulation 6 below in respect of any rebated heavy oil activity or rebated kerosene activity carried out by him.
Estimates and payments
5
1
A licensed user shall comply with the requirements of paragraphs (2) and (3) below before he begins for the first time in his accounting period to carry out any rebated heavy oil activity or any rebated kerosene activity.
2
The licensed user shall furnish the Collector for the Oils Accounting Centre an estimate, relating to his accounting period in which he intends to begin for the first time in that period to carry out the activities mentioned in paragraph (1) above, of the volumes of fuel (described in the following form) which he estimates he will use in carrying out those activities during that accounting period, on the form numbered 1 in Schedule 1 to these Regulations, containing full information in respect of all other matters specified in the form.
3
The licensed user shall, at the same time as he furnishes the estimate (required by paragraph 2 above), pay the Commissioners —
a
in the case of any rebated heavy oil activities, relating to gas oil, dealt with in the estimate at Part 2, an amount equal to the amount which would, at the time the estimate is furnished, be allowed as a rebate of excise duty under section 11(1)(b) of the Act on a quantity of gas oil (if delivered at that time for home use), being of the same volume as that specified at Part 2(a) in the estimate;
b
in the case of rebated heavy oil activities, relating to section 12 kerosene, dealt with in the estimate at Part 3, an amount equal to the amount which would, at the time the estimate is furnished, be allowed as a rebate of excise duty under section 11(1)(c) of the Act on a quantity of section 12 kerosene (if delivered at that time for home use), being of the same volume as that specified at Part 3(a) in the estimate; and
c
in the case of any rebated kerosene activities, relating to section 13AA kerosene, dealt with in the estimate at Part 4, an amount calculated in accordance with the formula A−B, where —
i
A is the amount of excise duty that would be charged, at the legally effective rate at the time the estimate is furnished, by section 6(1) of the Act on a quantity of heavy oil (if imported or produced, as described in section 6(1), at that time), being of the same volume as that specified at Part 4(c) in the estimate in relation to section 13AA kerosene; and
ii
B is the amount of rebate of excise duty on heavy oil allowable in the case of gas oil under section 11(1)(b) of the Act, at the legally effective rate at the same time as that specified in paragraph (i) above, on a quantity of gas oil (if delivered for home use as envisaged by section 11), being of the same volume as that used in the calculation for the purposes of paragraph (i) above.
Supplementary estimates, Events A, B(1), B(2) and B(3), and additional rebate payments and forms
6
1
Paragraph (4) below applies to a licensed user —
a
who furnished an estimate (required by regulation 5(2) above); and
b
where, subsequently in relation to him and his accounting period and the estimate, and to any rebated heavy oil activities or rebated kerosene activities carried out by him by the time of the following occurrence, there is an occurrence of an event described in paragraph (2) and (3) below (referred to in these Regulations respectively as Event A, Event B(1), Event B(2) and Event B(3)).
2
For the purposes of these Regulations the events are —
a
Event A — at any time during his accounting period, to which the estimate relates, the amounts of fuel used by that time by the licensed user for carrying out any rebated heavy activity, or any rebated kerosene activity (which activity, respectively, is the subject of an entry in Part 2 or Part 3, or Part 4 of the estimate) is equal to the estimated volume of fuel specified in that Part of the estimate;
b
Event B(1), B(2) and B(3) — on a day, in his accounting period to which the licensed user’s estimate relates, a change of either or both —
i
the legally effective rate of excise duty in the case of heavy oil (charged by section 6(1) of the Act); and
ii
the legally effective rate of rebate of the heavy oil excise duty in the case of gas oil (allowed under section 11(1)(b) of the Act),
takes legal effect, which is associated with any one or more of the three consequences described in paragraph (3) below.
3
For the purposes of paragraph (2)(b) above the consequences are as follows: where the licensed user has furnished an estimate (required by regulation 5(2) above) —
a
(Event B(1)) in which there is an entry in Part 2 (for estimated gas oil consumption), the consequence is that the amount of rebate allowable under section 11(1)(b) of the Act on a quantity of gas oil, when the change takes legal effect, would be greater than it would have been immediately before the change takes legal effect;
b
(Event B(2)) in which there is an entry in Part 3 (for estimated section 12 kerosene consumption), the consequence is that the amount of rebate allowable under section 11(1)(c) of the Act on a quantity of section 12 kerosene, when the change takes legal effect, would be greater than it would have been immediately before the change takes legal effect; and
c
(Event B(3)) in which there is an entry in Part 4 (for estimated section 13AA kerosene consumption), the consequence is that a comparison (effected in accordance with the provisions of Schedule 2 to those Regulations) of —
i
the rate, immediately before the change takes legal effect, of the net excise duty per litre of section 13AA kerosene calculated in accordance with the formula provided by paragraph 2 of Schedule 2 (called in this sub-paragraph “the paragraph (i) rate”); with
ii
the rate, when the change takes legal effect, of the net excise duty per litre of section 13AA kerosene calculated in accordance with the formula provided by paragraph 3 of Schedule 2 (called in this sub-paragraph “the paragraph (ii) rate”),
indicates that the paragraph (ii) rate is greater than the paragraph (i) rate.
4
The licensed user, to whom this paragraph applies, shall, in respect of that part of any rebated heavy oil activity or of any rebated kerosene activity (called in this paragraph the “relevant part-activity”) to which Event A, Event B(1), Event B(2) or Event B(3) relates (called in this paragraph the “related Event”), cease to carry out the relevant part-activity upon the occurrence of the related Event; and he may again carry out the relevant ceased part-activity only if, before doing so —
a
in the case of the related Event being Event A, he furnishes the Collector for the Oils Accounting Centre a supplementary estimate of the volumes of fuel (described in the following form) estimated to be used in carrying out the relevant part-activity, on the form numbered 2 in Schedule 1 to those Regulations, containing full information in respect of all other matters specified on the form, and only if he complies with the requirements specified in paragraph (5) below; and
b
in the case of Event B(1), B(2) or B(3) occurring, he furnishes the Collector for the Oils Accounting Centre with an additional rebate payment form in the form numbered 3 in Schedule 1 to these Regulations (called below in this sub-paragraph the “form”) showing the additional amount payable (correctly calculated in accordance with the provisions of the form) in the following parts of the form in relation to the occurring event (that is to say Part 2(e) in relation to Event B(1), Part 3(e) in relation to Event B(2) and Part 4(a) in relation to Event B(3)), containing full information in respect of all other matters specified in the form, and containing a declaration, signed by him, that the information given in the form is true and complete; and only if he pays to the Commissioners the additional amount payable, at the same time as he furnishes the form.
5
A licensed user shall comply, when furnishing a supplementary estimate under paragraph 4(a) above, with the requirements of paragraph (3) of regulation 5 above (requiring payments to be made to the Commissioners when furnishing an estimate), as if the supplementary estimate was the estimate mentioned therein.
Application of regulation 6 provisions to supplementary estimates
7
1
The provisions of paragraphs (4) and (5) of regulation 6 above shall apply to a licensed user who has furnished a supplementary estimate under that regulation in respect of his accounting period, or has furnished another supplementary estimate or further supplementary estimates, in respect of that accounting period, by virtue of operation of this regulation in relation to it or them —
a
as if the supplementary estimate was the estimate mentioned in regulation 6 or, as the case may be, each of those supplementary estimates was such an estimate; and
b
where there is an occurrence of Event A, Event B(1), Event B(2) or Event B(3) in relation to that supplementary estimate or, as the case may be, those supplementary estimates, to the licensed user, to the period of his accounting period dealt with by that supplementary estimate or supplementary estimates, and to any rebated heavy oil activities or rebated kerosene activities carried out by him in the above first-mentioned period by the time of that occurrence.
Returns
8
1
A person, who furnished an estimate (as required by paragraph 2 of regulation 5 above) as a licensed user, shall furnish, within 10 business days after the end of the period determined in accordance with paragraph 2 below, the Collector for the Oils Accounting Centre a return, relating to the accounting period specified in Part 1 of that estimate, in the form numbered 4 in Schedule 1 to these Regulations, containing full information in respect of the matters specified in the form, and containing a declaration, signed by him, that the information given in the return is true and complete.
2
a
Unless subparagraph (b) below applies, the period is the accounting period specified in Part 1 of the estimate or, in the absence of sufficient specification in Part 1, is the accounting period which the licensed user ought to have specified as his accounting period;
b
This subparagraph applies in the case of a person (falling within paragraph (1) above) who —
i
furnishes the estimate (referred to in paragraph (1) above) for an annual accounting period of a particular year; and
ii
ceases to be a rebate payment person with effect, as the case may be, from the end of one of the three quarters commencing in that particular year 1st January, 1st April or 1st July, by reason of the Commissioners withdrawing, under paragraph (3) of regulation 3 above, the licence issued to him as a rebate payment person;
in such a case, and having regard to those three quarters, the period is the quarter from the end of which the withdrawal takes effect.
3
A person furnishing a return under this Regulation may, at the same time, claim any amount which he may have overpaid to the Commissioners in the accounting period to which the return relates.
Records to be kept by a licensed user
9
1
Paragraphs (2) and (4) below apply to a licensed user who uses a road vehicle falling within section 12 of the Act for any rebated heavy oil activity or any rebated kerosene activity, and to a person who has ceased to be such a licensed user during the period of 12 months (defined in paragraph (2) below) with effect from a time falling within that period, by reason of the withdrawal by the Commissioners (as envisaged by paragraph (3) of regulation 2 above) of the licence issued to him as a rebate payment person.
2
A licensed user, and a person, to whom, in either case, this paragraph applies by virtue of paragraph (1) above shall —
a
keep a record of all fuel used by him respectively, for any rebated heavy oil activity or rebated kerosene activity carried out by way of a road vehicle falling within section 12 of the Act, in which shall be entered, on the day of the use of the fuel (and by reference to its date), the particulars specified in paragraph (3) below; and
b
preserve that record —
i
at the premises at which the aforementioned road vehicle is usually kept, or at such other place as may be agreed between the aforementioned licensed user or person and the proper officer ; and
ii
for not less than the period of 12 months from the date on which the last entry was made in it.
3
The particulars in relation to the road vehicle falling within paragraph 2(a) above are —
a
the registration number of the road vehicle or other identification mark in the case of an unregistered vehicle;
b
the date of each journey, or, where the road vehicle is employed otherwise than in making a journey from place to place, the place of that employment;
c
the quantities of, and the fuel (by reference to the classification of whether it is gas oil, section 12 kerosene or section 13AA kerosene) supplied into the road vehicle; and
d
the number of miles travelled by the road vehicle on any journey (falling within paragraph (b) above), and the number of hours the vehicle is used in employment falling within paragraph (b) above.
4
A licensed user, and a person, to whom, in either case, this paragraph applies by virtue of paragraph 1 above, shall, on demand by the proper officer, produce to the proper officer at all reasonable times the record which he is required by paragraph (2) above to keep.
D J Howard
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
9th September 1996


text:
1
These Regulations may be cited as the Civil Aviation (Route Charges for Navigation Services) (Amendment) Regulations 1996 and shall come into force on 1st July 1996.
2
The Civil Aviation (Route Charges for Navigation Services) Regulations 1995 shall be amended as follows:
a
For regulation 5(2) there shall be substituted the following regulation —
2
The equivalent in sterling of the charge may be recovered in any court of competent jurisdiction in the United Kingdom.
.
b
For Schedule 2 thereof there shall be substituted —
SCHEDULE 2
SPECIFIED AIRSPACES
Regulations 3(1), 6(1) and 7
(1) (2) (3) (4) Country Publication in which FIRS are described Unit Rate in ECUs Established at a Rate of exchange of
Excluding Shanwick FIR.
Austria AIP Austria 68.17 1 ECU =13.1368 Sch Belgium AIP Belgique 78.79 1 ECU=38.4076 BF Cyprus AIP Cyprus 18.54 1 ECU=0.591234 £Cy Czech Republic AIP Czech Republic 49.36 1 ECU=34.6570 CZK Denmark AIP Denmark 56.01 1 ECU=7.27576 Kr France AIP France (France Metropolitaine) 64.04 1 ECU=6.49970 FF Germany AIP Germany 78.19 1ECU=1.86783 DM Greece AIP Greece 16.55 1 ECU=303.116 Dra Hungary AIP Hungary 17.82 1 ECU=169.950 Hf Ireland, Republic of AIP Ireland 19.76 1 ECU=0.819810 £Ir Malta AIP Malta 38.73 1 ECU=0.464952 Lm Netherlands AIP Netherlands 60.01 1 ECU=2.09247 G Norway AIP Norway 53.53 1 ECU=8.30090 KR Portugal AIP Portugal 36.54 Santa Maria FIRS — 9.28 1 ECU=196.275 Esc Slovenia AIP Slovenia 74.97 1 ECU=152.120 SIT Spain AIP Espana Madrid & Barcelona FIRS — 44.39 Canaries FIRS — 46.68 1 ECU=161.013 Pts Switzerland AIP Switzerland 86.79 1 ECU=1.55475 SF Turkey AIP Turkey 32.40 1 ECU=59844.8 LT United Kingdom United Kingdom Air Pilot 75.09 1 ECU=£0.843181
c
For Schedule 3 thereof there shall be substituted —
SCHEDULE 3
Regulation 7
(1) (2) (3) Aerodromes of departure (or of first destination) situated Aerodromes of first destination (or of departure) Amount of the charge in ECUs
ZONE I — between W01400 and W11000 and North of N5500 with the exception of Iceland Copenhagen 533.86 Frankfurt 1181.35 London 735.37 Paris 990.67 Prestwick 385.21 ZONE II — between W04000 and W11000 and N2800 and N5500 Abidjan 120.18 Amsterdam 849.63 Athens 1098.31 Bahrain 1642.78 Banjul 116.46 Barcelona 680.76 Basle 875.63 Belfast 165.04 Berlin 996.38 Birmingham 404.45 Bordeaux 505.81 Bristol 401.77 Brussels 822.47 Bucharest 1582.41 Budapest 1386.42 Cairo 1106.06 Cardiff 258.34 Casablanca 294.57 Cologne-Bonn 975.55 Copenhagen 704.61 Dakar 116.37 Dublin 112.40 Düsseldorf 1015.32 East Midlands 447.74 Frankfurt 1092.05 Geneva 873.91 Glasgow 248.63 Hamburg 1014.79 Helsinki 528.15 Istanbul 1528.73 Jeddah 1219.59 Johannesburg 116.65 Kiev 971.97 Lagos 117.02 Larnaca 1325.94 Las Palmas (Canary Islands) 418.39 Leeds and Bradford 398.93 Lille 624.44 Lisbon 337.69 London 471.17 Luxembourg 857.60 Lyons 761.60 Maastricht 785.34 Madrid 486.33 Malaga 545.15 Manchester 365.57 Manston 533.05 Marseille 887.46 Milan 984.95 Monrovia 116.46 Moscow 497.57 Münich 1287.43 Nantes 438.87 Naples 980.71 Newcastle 384.30 Nice 977.74 Oporto 248.94 Oslo 482.03 Ostend 607.13 Paris 694.23 Ponta Delgada (Azores) 120.83 Prague 1240.68 Prestwick 248.63 Riyadh 1492.00 Rome 1109.90 Sal Island (Cape Verde) 116.37 Santa Maria (Azores) 129.27 Santiago 223.91 Shannon 75.09 Sofia 1480.52 Stockholm 424.86 Stuttgart 1016.49 Tel-Aviv 1423.04 Tenerife 383.05 Toulouse-Blagnac 659.99 Turin 996.58 Venice 1093.90 Vienna 1484.99 Warsaw 845.86 Zürich 1038.38 ZONE III — West of W11000 and between N2800 and N5500 Amsterdam 836.66 Copenhagen 610.90 Cologne-Bonn 971.77 Düsseldorf 945.77 Frankfurt 1160.17 Geneva 1162.06 Glasgow 343.91 Helsinki 443.76 London 687.79 Luxembourg 1059.68 Madrid 391.19 Manchester 545.55 Milan 990.19 Moscow 599.00 Münich 1406.40 Paris 820.00 Prestwick 343.91 Rome 990.19 Shannon 71.53 Warsaw 564.83 Zürich 1248.05 ZONE IV — West of W04000 and between N2000 and N2800 (including Mexico) Amsterdam 852.06 Barcelona 763.00 Berlin 893.69 Brussels 722.84 Cologne — Bonn 901.53 Düsseldorf 952.19 Frankfurt 984.25 Hamburg 915.78 Helsinki 524.39 Las Palmas (Canary Islands) 525.85 Lisbon 382.23 London 559.67 Luxembourg 935.56 Madrid 521.32 Manchester 331.64 Milan 882.46 Münich 1142.10 Paris 638.26 Prague 1210.56 Rome 1042.49 Sal Island (Cape Verde) 76.00 Santa Maria (Azores) 130.01 Santiago 369.59 Shannon 141.72 Vienna 1358.60 Zürich 959.88 ZONE V — West of W04000 and between the Equator and N2000 Amsterdam 996.46 Barcelona 789.21 Basle 1001.20 Berlin 1264.52 Bordeaux 654.03 Brussels 796.57 Cologne-Bonn 1009.92 Düsseldorf 1005.12 Frankfurt 1045.65 Glasgow 338.00 Hamburg 1015.73 Hannover 1041.72 Helsinki 856.66 Las Palmas (Canary Islands) 540.25 Lisbon 453.08 London 737.56 Lyons 903.85 Madrid 612.94 Manchester 499.21 Marseilles 1018.19 Milan 1020.64 Münich 1163.02 Nantes 619.37 Oporto 440.48 Paris 769.02 Porto Santo (Madeira) 269.65 Prestwick 338.00 Rome 1135.06 Salzburg 1180.87 Santa Maria (Azores) 170.10 Santiago 447.22 Shannon 220.13 Stuttgart 979.69 Tenerife 535.58 Toulouse-Blagnac 845.34 Vienna 1222.71 Zürich 1111.92
Signed by authority of the Secretary of State for Transport
Goschen
Parliamentary Under Secretary of State,
Department of Transport
10th June 1996


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Insurance Companies (Gilt-edged Securities) (Periodic Accounting for Tax on Interest) (Amendment) Regulations 1996 and shall come into force on 21st May 1996.
2
Regulation 3 has effect in relation to all payments of interest on relevant gilt-edged securities made without deduction of tax on or after 6th April 1996.
3
Regulation 4 has effect in relation to accounting periods ending on or after the day on which these Regulations come into force.
Interpretation
2
In these Regulations “the principal Regulations ” means the Insurance Companies (Gilt-edged Securities) (Periodic Accounting for Tax on Interest) Regulations 1995 , and “regulation” means a regulation of those Regulations.
Amendments to the principal Regulations
3
1
Regulation 6 (which inserts paragraph 1A in Schedule 19AB of the Income and Corporation Taxes Act 1988 ) shall be amended as follows.
2
In sub-paragraph (12) of the inserted paragraph 1A, for the words “Where the basic rate” there shall be substituted the words “Subject to sub-paragraph (12A) below, where the lower rate”.
3
After sub-paragraph (12) of the inserted paragraph 1A there shall be inserted the following sub-paragraph —
12A
In the case of a provisional repayment period which begins before but includes 6th April 1996, the amount equal to the tax on the appropriate portion of the amount of excess gilt interest received mentioned in sub-paragraph (1) above shall be ascertained after considering each of the amounts A, B and C specified in sub-paragraph (11) above separately for the period before 6th April 1996 and for the period after 5th April 1996.
4
1
Regulation 7 shall be amended as follows.
2
For paragraph (4) there shall be substituted the following paragraph —
4
In sub-paragraph (3), at the beginning, there shall be inserted the words “In the case of provisional repayments,”.
3
In paragraph (5), in the inserted sub-paragraph (3A), for the words from the beginning to “is entitled” there shall be substituted the words “In the case of notional repayments, the amount referred to in sub-paragraph (2) above”.
5
In regulation 8, for paragraph (3) there shall be substituted the following paragraph —
3
After sub-paragraph (2) there shall be inserted the following sub-paragraph —
2A
In sub-paragraph (1) above “the relevant final amount” means the amount of tax which the company would have been entitled to be paid in respect of income tax borne by deduction on the amount of manufactured gilt interest received and the amount of real gilt interest received referable to its pension business if these amounts had been paid under deduction of tax when the assessment to corporation tax for that accounting period is finally determined or when effect is given to a claim such as is mentioned in section 7(6) made in respect of that accounting period.
Simon Burns
Liam Fox
Two of the Lords Commissioners of Her Majesty’s Treasury
29th April 1996


text:
Commencement and Citation
1
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No. 6) Regulations 1996 and shall come into force on 1st July 1997.
Preliminary
2
The Road Vehicles (Construction and Use) Regulations 1986 shall be further amended in accordance with the following provisions of these Regulations.
New regulation 3A
3
After regulation 3 there shall be inserted the following —
Modification of Regulations in relation to vehicles for which a Minister’s approval certificate has been issued under the Motor Vehicles (Approval) Regulations 1996
3A
Schedule 2A shall have effect for the purpose of modifying these Regulations in relation to vehicles in respect of which a Minister’s approval certificate has been issued by virtue of the Motor Vehicles (Approval) Regulations 1996 .
Amendments to regulation 61 (emissions)
4
1
Regulation 61 shall be amended as follows.
2
In paragraph (10), after the word “description” there shall be inserted the words “and is first used before 1st July 1997”.
3
In paragraph (10B)(c), after the word “description” there shall be inserted the words “and is first used before 1st July 1997”.
Amendments to regulation 66 (plates for goods vehicle and buses)
5
In regulation 66(1)(a), the word “or” immediately after sub-paragraph (iv) shall be omitted and after that sub-paragraph there shall be inserted the following —
or
vi
a vehicle which is exempt from section 63(1) of the Road Traffic Act 1988 by virtue of regulation 14(6) of the Motor Vehicles (Approval) Regulations 1996.
New Schedule 2A (vehicles for which a Minister’s certificate has been issued under the Motor Vehicles (Approval) Regulations 1996)
6
After Schedule 2, there shall be inserted the Schedule set out in the Schedule to these Regulations.
Signed by authority of the Secretary of State for Transport
John Bowis
Parliamentary Under Secretary of State,
Department of Transport
2nd December 1996