text:
Citation, commencement and revocation
1
1
These Regulations may be cited as the Dual-Use and Related Goods (Export Control) Regulations 1996 and shall come into force on 15th November 1996.
2
The Regulations specified in Schedule 1 hereto are hereby revoked.
Interpretation
2
In these Regulations, unless the context otherwise requires —
“aircraft” means a fixed wing, swivel wing, rotary wing (helicopter), tilt rotor or tilt wing airborne vehicle;
“the Commissioners” means the Commissioners of Customs and Excise;
“Community Licence” means an authorisation granted under the Regulation by a competent authority for the export of dual-use goods from the European Community;
“competent authority” means the Secretary of State or any other competent authority empowered by a Member State to grant export authorisations for dual-use goods under the Regulation;
“country” includes territory;
“the Decision” means Council Decision No. 94/942/ CFSP of 19 December 1994 on the joint action adopted by the Council of the European Union on the basis of Article J.3 of the Treaty on European Union concerning the control of exports of dual-use goods , amended by Council Decision No. 96/613/CFSP ;
“dual-use goods” has the same meaning as in the Regulation;
“export” means export from the United Kingdom, and “exporter” and other cognate expressions shall be construed accordingly;
“goods” means both used and unused goods;
“import” and “export” in relation to a vessel, submersible vehicle or aircraft includes the taking into or out of the United Kingdom of the vessel, submersible vehicle or aircraft notwithstanding that the vessel, submersible vehicle or aircraft is conveying goods or passengers, and whether or not it is moving under its own power; and cognate expressions shall be construed accordingly;
“Member State” means a Member State of the European Community;
“normal commercial journey” means a journey providing transport services in the ordinary course of business;
“proper” shall have the same meaning as in the Customs and Excise Management Act 1979 ;
“the Regulation” means Council Regulation ( EC ) No. 3381/94 of 19 December 1994 setting up a Community regime for the control of exports of dual-use goods ;
“scheduled journey” means one of a series of journeys which are undertaken between the same two places and which together amount to a systematic service operated in such manner that the benefits thereof are available to members of the public from time to time seeking to take advantage of it;
“surface effect vehicle” means any air cushion vehicle (whether side wall or skirted) and any vehicle using the wing-in-ground effect for positive lift;
“vessel” includes any ship, surface effect vehicle, vessel of small waterplane area or hydrofoil, and the hull or part of the hull of a vessel.
Granting and Revocation etc of Licences
3
1
The Secretary of State may —
a
grant licences and Community Licences, and
b
give notice for the purposes of Article 4 of the Regulation.
2
Any licence or Community Licence granted by the Secretary of State in pursuance of these Regulations or having effect as if so granted may be either general or special, may be limited so as to expire on a specified date unless renewed and may be varied or revoked by the Secretary of State.
3
Any licence or Community Licence referred to in paragraph (2) above may be subject to or without conditions and any such condition may require or prohibit any act before or after the exportation of goods under that licence.
Dual-Use and Related Goods
4
1
A Community Licence shall be the authorisation required by —
a
Article 3 of the Regulation for the export from the European Community of all goods of a description specified in Annex I to the Decision, and
b
Article 4(1) of the Regulation for the export from the European Community, in the circumstances therein described, of dual-use goods not of a description specified in Annex I to the Decision; and a licence granted by the Secretary of State shall be the authorisation required by Articles 19(1)(b) and 21 of the Regulation for the export to another Member State of goods specified in Annex IV to the Decision.
2
Subject to the provisions of these Regulations —
a
goods of a description specified in Schedule 2 hereto are prohibited to be exported as therein provided;
b
goods other than dual-use goods which —
i
the exporter (or, if the exporter is not within the United Kingdom, any agent of his within the United Kingdom concerned in the exportation or intended exportation) has been informed by a competent authority are or may be intended, wholly or in part, to be used in connection with the development, production, handling, operation, maintenance, storage, detection, identification or dissemination of chemical, biological or nuclear weapons or the development, production, maintenance or storage of missiles capable of delivering such weapons, or
ii
the exporter knows are intended, wholly or in part, to be used in connection with one of the activities referred to in sub-paragraph (i) above, or
iii
the exporter has grounds for suspecting might be used, wholly or in part, in connection with an activity referred to in sub-paragraph (i) above unless he has made all reasonable enquiries as to their proposed use and satisfied himself that they will not be so used, are prohibited to be exported to any destination;
c
dual-use goods which the exporter has grounds for suspecting might be used, wholly or in part, in connection with an activity referred to in sub-paragraph (b)(i) above, unless he has made all reasonable enquiries as to their proposed use and satisfied himself that they will not be so used, are prohibited to be exported to any destination not in a Member State; and
d
the following goods are prohibited to be exported to a destination in a Member State:
i
all goods specified in Schedule 3 hereto; and
ii
any —
aa
goods of a description specified in Annex I to the Decision or Schedule 2 hereto, or
bb
dual-use goods which are not of a description specified in Annex I to the Decision but for the export of which from the European Community an authorisation is required in accordance with Article 4(1) of the Regulation, in respect of which in either case the exporter knows at the time of export that the final destination of those goods is outside the European Community and no processing or working is to be performed on those goods in any Member State to which they are exported; and in this sub-paragraph, “processing or working” has the same meaning as in Article 24 of Council Regulation ( EEC ) No. 2913/92 establishing the Community Customs Code .
3
Subject to the provisions of these Regulations, paragraph (2) above does not prohibit the export of any goods in relation to which a licence has been granted by the Secretary of State provided that all conditions attaching to the said licence are complied with.
4
Any dual-use goods which are not of a description specified in Annex I to the Decision, in relation to which a Community licence has not been granted and which are brought to any place in the United Kingdom for the purpose of being exported to a destination outside the European Community, not being goods which pass only through the territory of the Community within the meaning of Article 3(3) of the Regulation, may be detained by the proper officer of Customs and Excise as if they were liable to forfeiture if and so long as he has reason to believe that the appropriate authorities (after, if necessary, having had the impending exportation brought to their attention) might inform the exporter (within the meaning of the Regulation) as provided in Article 4(1) of the Regulation.
5
Any goods, other than dual-use goods, in relation to which a licence has not been granted and which are brought to any place in the United Kingdom for the purpose of being exported may be detained by the proper officer of Customs and Excise as if they were liable to forfeiture if and so long as he has reason to believe that a competent authority (after, if necessary, having had the impending exportation brought to its attention) might inform the exporter (or his agent, as the case may be) as provided in paragraph (2)(b)(i) above.
6
Where either —
a
a Community licence has been granted by a competent authority in another member state for the export of any goods to any destination outside the European Community, or
b
goods of which the exporter (within the meaning of the Regulation) is established in a member state other than the United Kingdom but not in the United Kingdom are or have been detained under paragraph (4) above, the Secretary of State may give notice to the proper officer of Customs and Excise that he considers that export of the goods would be contrary to the essential foreign policy or security interests or to the fulfilment of the international obligations or commitments of the United Kingdom; and in such a case, subject to any rights arising out of the second sub-paragraph of Article 10(4) of the Regulation (goods to be put at disposal of exporter), and notwithstanding, in a case falling within sub-paragraph (a) above, the grant of the licence therein referred to, such export is prohibited.
7
Any goods of a description specified in Annex I to the Decision in relation to which a Community Licence has been granted which are brought to any place in the United Kingdom for the purpose of being exported to a destination outside the European Community may be detained by the proper officer of Customs and Excise for a period of ten working days as if they were liable to forfeiture where the proper officer of Customs and Excise or the Secretary of State has grounds for suspicion that —
a
relevant information was not taken into account when the authorisation was granted; or
b
circumstances have materially changed since the issue of the authorisation.
Exceptions
5
Nothing in these Regulations shall prohibit the export of:
Aircraft
a
i
any aircraft which is being exported after temporary import into the United Kingdom provided that there has been no change in ownership or registration since such import;
ii
any aircraft on a scheduled journey;
Vessels
b
i
any vessel registered or constructed outside the United Kingdom which is being exported after temporary import into the United Kingdom;
ii
any vessel which is departing temporarily from the United Kingdom on trials;
iii
any vessel proceeding on a normal commercial journey.
Customs powers to demand evidence of destination which goods reach
6
Any exporter of goods shall, if so required by the Commissioners, furnish within such time as they may allow proof to their satisfaction that the goods have reached either —
a
a destination to which they were authorised to be exported by a licence granted for the purposes of these Regulations, or
b
a destination to which their export was not prohibited by these Regulations, and, if he fails to do so, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale unless he proves that he did not consent to or connive at the goods reaching any destination other than such a destination as aforesaid.
Misleading applications for licences etc.
7
For the purposes of obtaining any licence from the Secretary of State or any Community Licence from any competent authority no person shall —
a
make a statement or furnish any document or information which to his knowledge is false in a material particular, or
b
recklessly make any statement or furnish any document or information which is false in a material particular; and any licence or Community Licence which may have been granted by the Secretary of State in connection with the application for which the false statement was made or the false document or information was furnished shall be void as from the time it was granted.
Failure to comply with licence conditions
8
1
Subject to paragraph (2) below, any person who —
a
has exported goods from the United Kingdom or from the European Community under the authority of a licence or Community Licence, as the case may be, granted by the Secretary of State, or from the European Community under the authority of a Community Licence sought by or on behalf of a person in, or established in, the United Kingdom, and
b
fails to comply with any condition attaching to that licence or Community Licence as the case may be, shall be guilty of an offence and liable —
i
on summary conviction to a fine not exceeding the statutory maximum, and
ii
on conviction on indictment to a fine or imprisonment for a term not exceeding 2 years, or to both.
2
No person shall be guilty of an offence under paragraph (1) above where he proves —
a
that the condition with which he failed to comply was modified, otherwise than with his consent —
i
in the case of a licence, by the Secretary of State, or
ii
in the case of a Community Licence, by the Secretary of State or other competent authority who granted that Community Licence; and
b
that the goods in relation to which he failed to comply with the condition had, at the time the condition was modified, been exported from the United Kingdom in the case of a licence or from the European Community in a case of a Community Licence.
Registration with the Secretary of State
9
1
Before or within 30 days after the first export of any goods from the United Kingdom or from the European Community by a person under the authority of any licence or Community Licence, as the case may be, granted by the Secretary of State that does not provide otherwise, that person shall give written notice to the Secretary of State of the following particulars:
a
the name of the person; and
b
the address at which copies of the records referred to in regulation 10 below may be inspected by any person authorised by the Secretary of State or the Commissioners under regulation 10.
2
After any change in any of the said particulars, before or within 30 days after the first export from the United Kingdom or the European Community, as the case may be, of any goods under the authority of any such licence that does not provide otherwise, the said person shall give written notice to the Secretary of State of that change.
3
Any notice to be given by a person under paragraph (1) or (2) above may be given by the agent of that person and shall be sent by post or delivered to the Secretary of State at the Export Control Compliance Unit, DTI , Kingsgate House, 66-74 Victoria Street, London SWIE 6SW.
4
Paragraph (3) above shall apply for the provision of details to the competent authorities in accordance with Article 19(2) of the Regulation; and paragraph (2) above shall apply in respect of any change in any of those details as it applies in respect of any change in any of the particulars of which notice is given in accordance with paragraph (1) above.
Record keeping and inspection
10
1
Any person established in the United Kingdom who exports any goods from the European Community under the authority of a Community Licence shall maintain records in relation to each such export that contain the following information:
a
a description of the goods,
b
the quantity of the goods,
c
his name and address,
d
the name and address of any consignee of the goods,
e
in so far as it is known to him, the end-use of the goods and the name and address of the end-user,
f
any further information required by the Community Licence to be kept;
and any such records shall be kept for at least 3 years from the end of the calendar year in which the export took place, and he shall permit any such records to be inspected, and copied, by any person authorised by the Secretary of State or the Commissioners.
2
Any person who has been granted a Community Licence under these Regulations in relation to the export from the European Community of any goods shall, upon request in writing by the Secretary of State or the Commissioners, produce any documents or other records he may hold that relate to his application for that Community Licence; and any such documents or records shall be kept for at least 3 years from the end of the calendar year in which such application was made, and he shall permit any such documents or records to be inspected, and copied, by any person authorised by the Secretary of State or the Commissioners.
3
Any person authorised by the Secretary of State or the Commissioners shall, on producing, if required to do so, a duly authenticated document showing his authority, have the right at all reasonable hours to enter the premises for the purpose of paragraph (1) above the address of which has most recently been notified to the Secretary of State under regulation 9 above, or, for the purpose of paragraph (2) above, any address notified for this purpose by the exporter to a competent authority when applying for a licence.
4
Where any documents or records referred to in paragraph (1) or (2) above are kept in a form which is not legible the exporter shall at the request of the person authorised by the Secretary of State or the Commissioners, as the case may be, reproduce such documents or records in a legible form.
5
The documents and records to be kept in accordance with Article 19(2) of the Regulation shall be the records referred to in paragraph (1) above; and paragraphs (3) and (4) above and the provision in paragraph (1) above relating to inspection and copying shall apply for the production of such documents and records to the competent authorities in accordance with the said Article 19(2) as they apply in respect of records referred to in paragraph (1) above or (as the case may be) in respect of entry into premises for the purpose of paragraph (1) above.
Penalties for failure to comply with these Regulations
11
1
Any person who contravenes a prohibition in regulation 4(2) or (6) above shall be guilty of an offence under these Regulations and may be arrested, and for these purposes section 68(2) of the Customs and Excise Management Act 1979 shall not apply.
2
A person guilty of an offence under paragraph (1) above shall be liable —
a
on conviction on indictment to a fine or imprisonment for a term not exceeding 2 years, or to both; or
b
on summary conviction to a fine not exceeding the statutory maximum.
3
Any person who fails to comply with regulation 7, 9 or 10 above or Article 4(2) or 19(1)(a) or (2) of the Regulation shall be guilty of an offence under these Regulations and shall be liable —
a
on conviction on indictment to a fine or imprisonment for a term not exceeding 2 years, or to both; or
b
on summary conviction to a fine not exceeding the statutory maximum.
4
In England and Wales, subsection (2) of section 24 of the Police and Criminal Evidence Act 1984 shall apply to the offence in paragraph (1) above (which is not an arrestable offence by virtue of the term of imprisonment for which a person may be sentenced in respect of it) as if it was mentioned in that subsection; and accordingly such offence shall be an arrestable offence within the meaning of that Act.
5
In Northern Ireland, paragraph (2) of Article 26 of the Police and Criminal Evidence (Northern Ireland) Order 1989 shall apply to the offence in paragraph (1) above (which is not an arrestable offence by virtue of the term of imprisonment for which a person may be sentenced in respect of it) as if it was mentioned in that paragraph; and accordingly such offence shall be an arrestable offence within the meaning of that Order.
Customs and Excise
12
1
Section 138 of the Customs and Excise Management Act 1979 (provision as to arrest of persons) shall apply to the arrest of any person for any offence under regulation 11 above in the event of contravention of regulation 4(2) or (6) above as it applies to arrest of any person for any offence under the customs and excise Acts.
2
Sections 145 to 148 and 150 to 155 of the Customs and Excise Management Act 1979 (proceedings for offences, mitigation of penalties, proof and other matters) shall apply in relation to offences and penalties under these Regulations and proceedings for such offences above as they apply in relation to offences and penalties and proceedings for offences under the customs and excise Acts.
3
Nothing in subsections (1) to (4) of section 145 of the said Act (institution of proceedings for offences under the customs and excise Acts to be by order of the Commissioners) shall prevent the institution of proceedings by the Secretary of State for an offence of failing to comply with regulation 7, 8, 9 or 10 of these Regulations.
4
In this regulation, “customs and excise Acts” has the same meaning as in section 1 of the said Act.
Goods in transit
13
1
In this regulation and regulation 14 below, “goods in transit” means —
a
goods which pass only through the territory of the Community within the meaning of Article 3(3) of the Regulation, and
b
goods being exported to another Member State which are not being dispatched from the United Kingdom to that other Member State within the meaning of Articles 19 and 20 of the Regulation.
2
Regulation 4(2)(a) and (d) of these Regulations shall not apply in respect of goods in transit.
3
Regulation 4(2)(b) and (5) of these Regulations shall apply in respect of dual-use goods which are goods in transit as they apply in respect of goods other than dual-use goods.
Exclusion and modification of the Export of Goods (Control) Order 1994
14
The Export of Goods (Control) Order 1994 shall not apply in respect of the export of dual-use goods or goods of a description specified in Schedule 2 to these Regulations, other than the export of goods in transit, and in respect of goods in transit shall have effect as if Part III of Schedule 1 thereto included Annex I to the Decision and Schedule 2 hereto.
Transitional
15
Any licence or Community licence granted by the Secretary of State under the Regulations specified in Schedule 1 hereto or which has effect as if so granted and which (in either case) is in force immediately before 15th November 1996 shall have effect as if granted under regulation 3(1)(a) of these Regulations.
Anthony Nelson
Minister for TradeDepartment of Trade and Industry
25th October 1996


type: legislation

jurisdiction: UK

text:
1
1
This Order may be cited as the York and North Yorkshire (Coroners) Order 1996.
2
In this Order “the 1988 Act ” means the Coroners Act 1988.
2
Without prejudice to any order made under section 4(2) of the 1988 Act after the coming into force of this Order, on 1st April 1996 —
a
there shall be added to the Claro Coroner’s District of the County of North Yorkshire the following parishes of the District of Selby, namely, Barlby, Cliffe, Escrick, Hemingbrough, Kelfield, North Duffield, Riccall, Skipwith, Stillingfleet and Thorganby; and
b
there shall be added to the Scarborough and Ryedale Coroner’s District of that County the following parishes of —
i
the District of Hambleton, namely, Aldwark, Alne, Brafferton, Brandsby cum Stearsby, Crayke, Dalby cum Skewsby, Easingwold, Farlington, Flawith, Helperby, Huby, Linton on Ouse, Marton cum Moxby, Myton on Swale, Newton on Ouse, Overton, Raskelf, Shipton by Beningbrough, Stillington, Sutton on Forest, Tholthorpe, Thormanby, Tollerton, Whenby and Youlton; and
ii
the District of Ryedale, namely, Barton le Willows, Buttercrambe with Bossall, Claxton, Crambe, Flaxton, Foston, Gate Helmsley, Harton, Lillings Ambo, Sand Hutton, Sheriff Hutton with Cornbrough, Stittenham, Thornton le Clay, Upper Helmsley and Warthill.
3
1
The person who, at 31st March 1996, is the coroner for the existing York Coroner’s District of the County of North Yorkshire by virtue of having been appointed for or assigned to that district shall be deemed on 1st April 1996 to be appointed coroner for the County of York (which comes into existence on 1st April 1996 by virtue of the North Yorkshire (District of York) (Structural and Boundary Changes) Order 1995).
2
Any agreement between the person to whom paragraph (1) applies and North Yorkshire County Council (as the relevant council for the purposes of section 1 of the 1988 Act prior to 1st April 1996) as to his salary and pension as a coroner shall be deemed on and after 1st April 1996 to have effect as if originally made between him and York District Council.
3
Any person who, at 31st March 1996, is a deputy or assistant deputy coroner for the existing York Coroner’s District shall be deemed on 1st April 1996 to be appointed deputy or, as the case may be, assistant deputy coroner for the County of York.
4
1
On 1st April 1996, any process issued, order made, direction given, inquest begun or other thing done by or to the coroner for the existing York Coroner’s District of the County of North Yorkshire shall be deemed to have been issued, made, given, begun or done by or to the coroner for the County of York.
2
All documents, exhibits, registers and other things in the custody of the coroner appointed for or assigned to the existing York Coroner’s District of the County of North Yorkshire in connection with inquests or post-mortem examinations shall be transferred to the coroner for the County of York.
3
In this article “coroner” includes any deputy coroner or assistant deputy coroner.
Home Office
Tom Sackville
Parliamentary Under Secretary of State
7th March 1996


text:
Citation and commencement
1
These Regulations may be cited as the Family Credit (General) Amendment Regulations 1996 and shall come into force on 2nd July 1996.
Insertion of regulation 49A into the Family Credit (General) Regulations 1987
2
After regulation 49 in Part VI of the Family Credit (General) Regulations 1987 (changes of circumstances) there shall be inserted the following regulation —
Young person leaving full-time education
49A
1
Subject to paragraph (3), where an award of family credit is payable and the claimant or his partner are responsible, or are treated as being responsible for the purposes of regulation 7 (circumstances in which a person is to be treated as responsible or not responsible for another), for a young person and that young person —
a
is, for the purpose of that award, a person of a prescribed description under section 128(1)(d) of the Contributions and Benefits Act; and
b
ceases, or has ceased, to receive full-time education,
that cessation shall be a change of circumstances affecting the award, the award shall be reviewed and the award shall cease with effect from the date specified in paragraph (2).
2
The date specified for the purposes of paragraph (1) shall be —
a
2nd July 1996 where the young person ceased to receive full-time education as from a date before that date; or
b
the date upon which the young person attains the age of 16 or ceases to receive full-time education, whichever is the later.
3
Paragraph (1) shall not apply where a young person referred to in that paragraph is a member of the same household as one or more children or, as the case may be, young persons who are receiving full-time education and for whom the claimant or his partner are responsible or are treated as responsible for the purposes of regulation 7.
4
For the purposes of paragraphs (1) and (2), “young person” includes a young person who attains the age of 19 —
a
during the period between the date of claim and the date from which the claimant is awarded family credit; or
b
during the period an award of family credit is payable.
5
In this regulation, “full-time education” means full-time education, either by attendance at a recognised educational establishment as defined in section 147(1) of the Contributions and Benefits Act or otherwise, if such education is recognised by the Secretary of State pursuant to section 142(2) of that Act, but is not a course of advanced education for the purposes of Chapter VII of Part IV (income and capital of students).
.
Signed by authority of the Secretary of State for Social Security.
Roger Evans
Parliamentary Under-Secretary of State,
Department of Social Security
1st June 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Worcestershire Community Healthcare National Health Service Trust (Establishment) Order 1996 and shall come into force on 1st April 1996.
2
In this Order, unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Worcestershire Community Healthcare National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Worcestershire Community Healthcare National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services provided at Isaac Maddox House, Shrub Hill Road, Worcester WR4 9RW and associated hospitals;
b
to manage community health services provided from Isaac Maddox House, Shrub Hill Road, Worcester WR4 9RW and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1996.
2
The accounting date of the trust shall be 31st March.
Restriction on disposal of assets
6
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State
Department of Health
18th March 1996


text:
1
These Regulations may be cited as The Richmond Adult and Community College (Attribution of Surpluses and Deficits) Regulations 1996, and shall come into force on 1st August 1996.
2
In these Regulations —
a
“ the College ” means the institution known as Richmond Adult and Community College;
b
“the principal Regulations ” means the Further Education (Attribution of Surpluses and Deficits) Regulations 1993 ; and
c
a reference to a section is a reference to a section of the Further and Higher Education Act 1992.
3
In the case of the College, section 37 and the principal Regulations shall apply with the following modifications.
4
1
In section 37 and in the principal Regulations the expression “the relevant financial year”, and in section 37(4) and (7) the expression “any financial year of the institution”, shall mean the period from 1st April 1996 to 31st July 1996.
2
In the principal Regulations (except regulation 1) wherever “1st April 1993” appears substitute for that date “1st August 1996”.
James Paice
Parliamentary Under-Secretary of State,
Department for Education and Employment
8th July 1996


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


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1996 and this regulation shall come into force on 1st April 1996.
2
In so far as these Regulations amend provisions relating to income support they shall come into force on 8th April 1996 and, in relation to any particular claimant for that benefit, shall have effect from the beginning of the first benefit week to commence for that claimant on or after that date.
3
In paragraph (2) above, the expressions “claimant” and“benefit week” have the same meaning as in the Income Support Regulations .
4
In so far as these Regulations amend provisions relating to housing benefit or council tax benefit they shall come into force on 1st April 1996.
5
In so far as these Regulations amend provisions relating to family credit or disability working allowance, they shall come into force on 9th April 1996 and, in relation to any particular claimant for either of those benefits, they shall have effect —
a
where a claimant has an award of family credit or disability working allowance which is current on 9th April 1996, on the day following the expiration of that award; or
b
in any other case, on 9th April 1996.
6
In these Regulations —
“the Disability Working Allowance Regulations ” means the Disability Working Allowance (General) Regulations 1991;
“the Family Credit Regulations ” means the Family Credit (General) Regulations 1987;
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987;
“the Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992;
“the Income Support Regulations” means the Income Support (General) Regulations 1987.
Income support: Preserved rights
2
In regulation 19 of the Income Support Regulations (applicable amounts for persons in residential care and nursing homes) after paragraph (1ZQ) there is inserted —
1ZR
A person who acquired a preserved right under paragraph (1ZB) or (1ZC) shall cease to have that right if —
a
he resides in a home which falls within sub-paragraph (c) of the definition of “residential care home” in paragraph (3) (homes run by the Abbeyfield Society) and which is not registered or deemed to be registered under any of the enactments referred to in sub-paragraph (a) or (e) of that definition;
b
he requires personal care, including assistance with bodily functions, and that residential care home does not provide such care; and
c
he, or a person on his behalf, contracts with another person or body to provide that care,
but that preserved right shall revive if any of the conditions specified in sub-paragraphs (a) to (c) above ceases to apply and that person would, but for this provision, have retained that right.
.
Housing benefit and council tax benefit: Severe disability premium
3
1
In paragraph 13 of Schedule 2 to the Housing Benefit Regulations and paragraph 14 of Schedule 1 to the Council Tax Benefit Regulations (which prescribe the condition for the inclusion of severe disability premium in the applicable amount) after sub-paragraph (3) in each case there is inserted —
3A
For the purposes of sub-paragraph (2)(b) a person shall be treated as being in receipt of —
a
attendance allowance, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Contributions and Benefits Act, if he would, but for his being a patient for a period exceeding 28 days, be so in receipt;
b
invalid care allowance if he would, but for the person for whom he was caring being a patient for a period exceeding 28 days, be so in receipt.
.
2
In paragraph 15(5)(b)(i) of Schedule 2 to the Housing Benefit Regulations (which specifies the amount of severe disability premium where the claimant has a partner), at the end there is added —
or if he or any partner satisfies that condition only by virtue of paragraph 13(3A)
.
3
In paragraph 19(6)(b)(i) of Schedule 1 to the Council Tax Benefit Regulations (which specifies the amount of severe disability premium where the claimant has a partner), at the end there is added —
or if he or any partner satisfies that condition only by virtue of paragraph 14(3A)
.
Housing benefit and council tax benefit: Disregard of family credit and disability working allowance
4
1
In Schedule 4 to the Housing Benefit Regulations (sums to be disregarded in the calculation of income other than earnings) for paragraphs 57 and 58 there is substituted —
57
Where the claimant is entitled to the allowance under regulation 51(1)(bb) of the Disability Working Allowance (General) Regulations 1991 (which applies in respect of a person who works for not less than 30 hours a week), any amount of disability working allowance up to the amount specified in Column (2) against paragraph 2A of Schedule 5 to those Regulations.
58
Where the claimant is entitled to the credit under regulation 46(1)(aa) of the Family Credit (General) Regulations 1987 (which applies in respect of a person who works for not less than 30 hours a week), any amount of family credit up to the amount specified in Column (2) against paragraph lA of Schedule 4 to those Regulations.
.
2
In Schedule 4 to the Council Tax Benefit Regulations (sums to be disregarded in the calculation of income other than earnings) for paragraphs 56 and 57 here is substituted —
56
Where the claimant is entitled to the allowance under regulation 51(1)(bb) of the Disability Working Allowance (General) Regulations 1991 (which applies in respect of a person who works for not less than 30 hours a week), any amount of disability working allowance up to the amount specified in Column (2) against paragraph 2A of Schedule 5 to those Regulations.
57
Where the claimant is entitled to the credit under regulation 46(1)(aa) of the Family Credit (General) Regulations 1987 (which applies in respect of a person who works for not less than 30 hours a week), any amount of family credit up to the amount specified in Column (2) against paragraph 1A of Schedule 4 to those Regulations.
.
Housing benefit and council tax benefit: Backdated claims
5
In regulation 72(15) of the Housing Benefit Regulations and regulation 62(16) of the Council Tax Benefit Regulations (which make provision for claims relating to past periods) for the words from “any period before” to the end there is substituted —
a past period (a “claim for backdating”) and, from a day in that period up to the date of the claim for backdating, he had continuous good cause for his failure to make a claim, his claim in respect of that period shall be treated as made on —
a
the first day from which he had continuous good cause; or
b
the day 52 weeks before the date of the claim for backdating,
whichever fell later.
.
Housing benefit: Exempt accommodation
6
In regulation 10 of the Housing Benefit (General) Amendment Regulations 1995 (which makes savings in relation to persons entitled to housing benefit before those Regulations came into force), in paragraph (6), in the definition of“exempt accommodation” for sub-paragraph (i) there is substituted —
i
a resettlement place provided by persons to whom the Secretary of State has given assistance by way of grant pursuant to section 30 of the Jobseekers Act 1995 (grants for resettlement places); and for this purpose “resettlement place” shall have the same meaning as it has in that section; or
.
Family credit: Normal weekly income of employed earners
7
In regulation 14(2) of the Family Credit Regulations (normal weekly earnings of employed earners) for sub-paragraph (aa) there is substituted —
aa
a fortnight —
i
except where head (ii) applies, a period of three consecutive fortnights immediately preceding the week of claim; or
ii
where the adjudication officer has insufficient information for the claimant’s normal weekly earnings to be determined in accordance with head (i), a period of three consecutive fortnights ending with the fortnight before the week immediately preceding the week of claim;
.
Income-related benefits: Disregard of charitable or voluntary payments
8
In the following provisions (which provide for certain charitable or voluntary payments to be disregarded in the calculation of income other than earnings, the amount of such payments to be disregarded and special arrangements where the claimant has other income, apart from such payments, to be disregarded) for “£10” there is substituted “£20” —
a
regulation 65 of, and paragraphs 15(1) and 36 of Schedule 9 to, the Income Support Regulations;
b
regulation 56 of, and paragraphs 13(1) and 33 of Schedule 4 to, the Housing Benefit Regulations;
c
regulation 45 of, and paragraphs 13(1) and 34 of Schedule 4 to, the Council Tax Benefit Regulations;
d
regulation 45 of, and paragraphs 12(1) and 29 of Schedule 3 to, the Disability Working Allowance Regulations;
e
regulation 41 of, and paragraphs 13(1) and 29 of Schedule 2 to, the Family Credit Regulations.
Income-related benefits: Treatment of student loans
9
1
In each of the regulations specified in paragraph (2) below (which provide for student loans to be treated as income) for paragraph (3) there is substituted —
3
For the purposes of this regulation a student shall be treated as possessing the maximum amount of any loan referred to in paragraph (1) which he will be able to acquire in respect of an academic year by taking reasonable steps to do so.
.
2
The provisions referred to in paragraph (1) above are —
a
regulation 66A of the Income Support Regulations;
b
regulation 57A of the Housing Benefit Regulations;
c
regulation 47 of the Council Tax Benefit Regulations;
d
regulation 42A of the Family Credit Regulations;
e
regulation 47 of the Disability Working Allowance Regulations.
Income-related benefits: Disregard of contribution to a student grant
10
1
In each of the provisions specified in paragraph (2) below, (disregard of contribution) for the words from “the income”, where they first appear, to the end there is substituted —
, for the purposes of assessing a contribution to the student’s grant, the other partner’s income has been taken into account, an amount equal to that contribution shall be disregarded for the purposes of assessing that other partner’s income.
.
2
The provisions referred to in paragraph (1) above are —
a
regulation 67 of the Income Support Regulations;
b
regulation 58(1) of the Housing Benefit Regulations;
c
regulation 48 of the Council Tax Benefit Regulations;
d
regulation 43 of the Family Credit Regulations;
e
regulation 48 of the Disability Working Allowance Regulations.
Income-related benefits: Disregard of payments to holders of the Victoria or George Cross
11
1
In Schedule 10 to the Income Support Regulations (capital to be disregarded) after paragraph 45 there is added the following paragraph —
46
Any payment to the claimant as holder of the Victoria Cross or George Cross.
.
2
In Schedule 5 to the Housing Benefit Regulations, Schedule 5 to the Council Tax Benefit Regulations and Schedule 4 to the Disability Working Allowance Regulations (capital to be disregarded) after paragraph 47 there is added the following paragraph —
48
Any payment to the claimant as holder of the Victoria Cross or George Cross.
.
3
In Schedule 3 to the Family Credit Regulations (capital to be disregarded) after paragraph 48 there is added the following paragraph —
49
Any payment to the claimant as holder of the Victoria Cross or George Cross.
.
Income support and housing benefit: Capital limits for persons in residential and other types of accommodation
12
1
In the Income Support Regulations —
a
for regulation 45 (capital limit for entitlement to income support) there is substituted —
45
For the purposes of section 134(1) of the Contributions and Benefits Act as it applies to income support (no entitlement to benefit if capital exceeds prescribed amount) —
a
except where paragraph (b) applies, the prescribed amount is £8,000;
b
where the circumstances prescribed in regulation 53(1B) apply in the claimant’s case, the prescribed amount is £16,000.
;
b
in regulation 53 (calculation of tariff income from capital) —
i
in paragraph (1) , at the beginning, there is inserted “Except where the circumstances prescribed in paragraph (1B) apply to the claimant,”;
ii
after paragraph (1), there is inserted —
1A
Where the circumstances prescribed in paragraph (1B) apply to the claimant and that claimant’s capital calculated in accordance with this Part exceeds £10,000, it shall be treated as equivalent to a weekly income of £1 for each complete £250 in excess of £10,000 but not exceeding £16,000.
1B
For the purposes of paragraph (1A) and regulation 45, the prescribed circumstances are that the claimant lives permanently in —
a
a residential care or nursing home, or residential accommodation and that home or accommodation provides board and personal care for the claimant by reason of his old age, disablement, past or present dependence on alcohol or drugs or past or present mental disorder; or
b
an establishment run by the Abbeyfield Society including all bodies corporate or incorporate which are affiliated to that Society; or
b
accommodation provided under section 3 of, and Part II of the Schedule to, the Polish Resettlement Act 1947 (provision of accommodation in camps) where the claimant requires personal care and is provided with it in the accommodation; and in this sub-paragraph, “personal care” means care which includes assistance with bodily functions where such assistance is required.
1C
For the purposes of paragraph (1B), a claimant shall be treated as living permanently in such home or accommodation where he is absent —
a
from a home or accommodation referred to in sub-paragraph (a) or (b) of paragraph (1B) —
i
in the case of a claimant referred to in regulation 19(2) or in the case of a person over pensionable age, for a period not exceeding 52 weeks, and
ii
in any other case, for a period not exceeding 13 weeks;
b
from accommodation referred to in sub-paragraph (c) of paragraph (1B), where the claimant, with the agreement of the manager of the accommodation, intends to return to the accommodation in due course.
;
iii
in both paragraphs (2) and (3) , for“paragraph (1)”, there is substituted “paragraphs (1) and (lA)”;
iv
after paragraph (3) there is added —
4
For the purposes of this regulation, the definition of“residential accommodation” in regulation 21(3) (applicable amounts of income support in special cases) shall have effect as if, after the words “subject to the following provisions of this regulation”, there were inserted “(except paragraphs (4) and (4A))”.
.
2
In the Housing Benefit Regulations —
a
in regulation 7 (circumstances in which a person is to be treated as not liable to make payments in respect of a dwelling) —
i
in sub-paragraph (a) of paragraph (6) , for the words “5(8)” there is substituted the words “5(7C), (8) or (8C) ”;
ii
for paragraph (9) there is substituted the following paragraph —
9
For the purposes of paragraph (8), any absence shall be disregarded during which the person is treated as occupying the accommodation as his home pursuant to regulation 5(7C), (8) or (8C).
;
b
in regulation 45 (calculation of tariff income from capital) —
i
in paragraph (l) , at the beginning, there is inserted “Except where the circumstances prescribed in paragraph (1B) apply to the claimant,”;
ii
after paragraph (1), there is inserted —
1A
Where the circumstances prescribed in paragraph (1B) apply to a claimant and that claimant’s capital calculated in accordance with this Part exceeds £10,000, it shall be treated as equivalent to a weekly tariff income of £1 for each complete £250 in excess of £10,000 but not exceeding £16,000.
1B
For the purposes of paragraph (1A), the prescribed circumstances are that the claimant —
a
occupies residential accommodation as his home; or
b
is a person to whom regulation 7(2), (5) or (7) applies (exceptions to circumstances in which a person is to be treated as not liable to make payments in respect of a dwelling).
1C
For the purposes of paragraph (1B), the claimant shall be treated as occupying residential accommodation as his home or as a person to whom regulation 7(2), (5) or (7) applies in any period during which he is treated as occupying the accommodation as his home pursuant to regulation 5(7C), (8) or (8C).
;
iii
in both paragraphs (2) and (3) , for“paragraph (1)”, there is substituted “paragraphs (1) and (lA)”;
iv
after paragraph (3), there is added —
4
For the purposes of this regulation and subject to paragraph (5), “residential accommodation” means accommodation which is provided by an establishment —
a
under sections 21 to 24 of the National Assistance Act 1948 (provision of accommodation) or under section 59 of the Social Work (Scotland) Act 1968 (provision of residential and other establishments) where board is not available to the claimant and the home in which the accommodation is provided is either owned or managed or owned and managed by a local authority;
b
which is managed or provided by a body incorporated by Royal Charter or constituted by Act of Parliament (other than a social services authority) and provides both board and personal care for the claimant; and in this sub-paragraph, “personal care” means care which includes assistance with bodily functions where such assistance is required;
c
which is run by the Abbeyfield Society including all bodies corporate or incorporate which are affiliated to that Society,
and in this definition, “board” has the same meaning as in regulation 8(2)(b).
5
Paragraph (4) shall not apply to residential accommodation of the type —
a
referred to in sub-paragraph (a) of paragraph (4) where housing benefit is not payable in respect of payments relating to that accommodation by virtue of regulation 8(2ZA) or (2ZB); or
b
referred to in sub-paragraph (b) or (c) of paragraph (4) where such accommodation is residential accommodation for the purposes of regulation 7 and none of paragraphs (2), (5) or (7) of that regulation apply to the claimant in respect of that accommodation.
.
Signed by authority of the Secretary of State for Social Security.
Roger Evans
Parliamentary Under-Secretary of State,
Department of Social Security
28th February 1996


text:
Citation and commencement
1
This Order may be cited as the Project Work (Miscellaneous Provisions) Order 1996 and shall come into force on 17th July 1996.
Interpretation
2
In this Order, unless the context otherwise requires —
“Project Work” means the programme of combined work experience and supervised jobsearch provided in pursuance of arrangements made by the Secretary of State under section 2 of the Employment and Training Act 1973 and known as Project Work;
“training allowance” means a payment made, directly or indirectly, by the Secretary of State to a Project Work Participant in connection with his participation in Project Work;
and a person is, or, as the case may be, was at any material time, a “Project Work Participant” if he is, or, as the case may be, was at that time, using facilities provided for him in pursuance of arrangements made for Project Work.
Treatment of persons and payments for purposes of the Social Security Contributions and Benefits Act 1992 and the subordinate legislation specified in the Schedule
3
1
For the purposes of —
a
Part I of the Social Security Contributions and Benefits Act 1992 ,
b
the Jobseekers Act 1995 and
c
the subordinate legislation specified in the Schedule to this Order,
if, for any period or periods commencing with or falling after the date on which this Order comes into force during which a person is a Project Work Participant, that person receives, or is eligible to receive, a training allowance he is to be treated as not being employed but as participating in arrangements for training under section 2 of the 1973 Act; and accordingly any payment made to such a person during that period or those periods in connection with his use of facilities shall be treated in the same manner as a payment of training allowance made in respect of such training.
Eric Forth
Minister of State,
Department for Education and Employment
24th June 1996


text:
Citation and commencement
1
This Order may be cited as the Housing Benefit (Permitted Totals) (Amendment) Order 1996 and shall come into force on 7th October 1996.
Amendment of article 4 of The Housing Benefit (Permitted Totals) Order 1996
2
In article 4 of the Housing Benefit (Permitted Totals) Order 1996 (increase above maximum rent) in paragraph (1) for “100.9%” there shall be substituted “101.08%”.
Signed by authority of the Secretary of State for Social Security.
Alistair Burt
Minister of State,
Department of Social Security
9th September 1996


text:
1
This Order may be cited as the Double Taxation Relief (Taxes on Income) (Latvia) Order 1996.
2
It is hereby declared —
a
that the arrangements specified in the Convention set out in Part I of the Schedule to this Order and in the Exchange of Notes constituting an Agreement set out in Part II of that Schedule have been made with the Government of the Republic of Latvia with a view to affording relief from double taxation in relation to income tax, corporation tax or capital gains tax and taxes of a similar character imposed by the laws of Latvia;
b
that those arrangements include provisions with respect to the exchange of information necessary for carrying out the domestic laws of the United Kingdom and the laws of Latvia concerning taxes covered by the arrangements including, in particular, provisions about the prevention of fiscal evasion with respect to those taxes; and
c
that it is expedient that those arrangements should have effect.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Health and Safety (Repeals and Revocations) Regulations 1996 and shall come into force on 1st January 1997.
Repeals and revocations
2
1
The enactments specified in column 2 of Part I of the Schedule are repealed to the extent specified in column 3 of that Part.
2
The instruments specified in column 1 of Part II of the Schedule are revoked.
Signed by authority of the Secretary of State.
Paul Beresford
Parliamentary Under Secretary of State,
Department of the Environment.
2nd December 1996


text:
Citation and commencement
1
These Regulations may be cited as the Merchant Shipping (High-Speed Craft) Regulations 1996 and shall come into force on 1st February 1997.
Interpretation
2
1
In these Regulations, unless the context otherwise requires: —
“cargo craft” means a high-speed craft other than a passenger craft, which is capable of maintaining the main functions and safety systems of unaffected space in any one compartment on board;
“constructed” means a craft the keel of which is laid or which is at a similar stage of construction; and “similar stage of construction” means a stage at which:
construction identifiable with a specific craft begins: and
assembly of that craft has commenced comprising at least 50 tonnes or 1% of the estimated mass of all structural material, whichever is the less;
“ Convention certificates ” means a High-Speed Craft Safety Certificate and a Permit to Operate issued in accordance with the High-Speed Craft Code;
“craft” means ships and hovercraft;
“high-speed craft” means a craft capable of a maximum speed in metres per second (m/s) equal to or exceeding:
3.7▽ 0.1667
where: ▽=displacement corresponding to the design waterline (m 3 );
“ High-Speed Craft Code ” mean the International Code of Safety for High-Speed Craft adopted by the Maritime Safety Committee of the International Maritime Organization by resolution MSC.36(63) and includes any document amending it which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice ;
“ Marine Safety Agency ” means the Marine Safety Agency, an executive agency of the Department of Transport;
“Merchant Shipping Notice” means a Notice described as such, and issued by the Marine Safety Agency, and any reference to a particular Merchant Shipping Notice includes reference to a document amending or replacing that Notice which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice;
“operational speed” means 90% of the maximum speed of which the craft is capable;
“passenger craft” means craft carrying more than twelve passengers;
“the 1974 SOLAS Convention ” means the International Convention for the Safety of Life at Sea 1974, as amended, and modified by its Protocol of 1978, and any amendment of its considered by the Secretary of State to be relevant from time to time and specified in a Merchant Shipping Notice;
“Permit to Operate” means a Permit to Operate a High-Speed Craft referred to in section 1.9 of Chapter 1 of the High-Speed Craft Code;
“ United Kingdom high-speed craft ” means a high-speed craft which is a United Kingdom ship or a hovercraft registered in the United Kingdom.
2
Having been made mandatory under regulation 4 below, the language of the High-Speed Craft Code shall be construed accordingly, and in particular “should” shall be construed as “shall”.
3
Where a high-speed craft is managed by a person other than its owner (whether on behalf of the owner or some other person, or on his own behalf), a reference in these Regulations to the owner shall be construed as including a reference to that person.
4
References to proceeding to sea or on a voyage over water include proceeding on or over land, so far as being part of that voyage.
5
Any approval given in pursuance of these Regulations shall be given in writing and shall specify the date on which it takes effect and the conditions (if any) on which it is given.
Application
3
1
These Regulations apply to every high-speed craft which meets all of the following criteria:
a
it is a craft constructed on or after 1st January 1996;
b
it is a:
i
passenger craft which does not proceed in the course of its voyage more than 4 hours at operational speed from a place of refuge when fully laden; or
ii
cargo craft of 500 gross tons or more which does not proceed in the course of its voyage more than 8 hours at operational speed from a place of refuge when fully laden; or
iii
craft carrying less than 12 passengers and used for hire or reward; or
iv
craft of less than 500 gross tons and used for carrying cargo for hire or reward;
c
it is (wholly or partly) —
i
sea-going; or
ii
operating in any Category A, B, C or D waters;
d
it is —
i
a United Kingdom high-speed craft; or
ii
any other high-speed craft, when in United Kingdom waters;
and
e
it is not a pleasure craft, within the meaning of regulation 3 of the Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 1993 .
2
These Regulations also apply to high-speed craft constructed before 1st January 1996 and falling within all the criteria in paragraph (1)(b) to (e) above in respect of repairs, alterations and modifications of a major character made after 1st January 1996.
4
In this regulation —
a
Category A, B, C or D waters are waters specified as such in Merchant Shipping Notices No. M.1504 and 1569; and
b
“gross tons” means gross tons within the meaning of regulation 6 of the Merchant Shipping (Tonnage) Regulations 1982 .
Requirements for high-speed craft
4
1
a
Subject to sub-paragraph (b) below, high-speed craft to which these Regulations apply shall be constructed, equipped, maintained and operated in accordance with the requirements of the High-Speed Craft Code.
b
Without prejudice to regulation 15 below, the Secretary of State may exempt —
i
high-speed craft not engaged on international voyages; and
ii
high-speed craft to which these Regulations apply by virtue of regulation 3(2) above,
from any of the requirements of the High-Speed Craft Code as are in the opinion of the Secretary of State not appropriate to the voyage, or any intended voyage.
2
In complying with paragraph (1), so far as it relates to construction or maintenance relating to hull, machinery, electrical installations and control installations, United Kingdom high-speed craft shall comply with the approved standards listed in Merchant Shipping Notice No. M.1672 relevant to them.
Surveys and maintenance of condition
5
1
Every high-speed craft shall be subject to surveys in accordance with paragraph 1.5 of Chapter 1 of the High-Speed Craft Code.
2
The condition of every high-speed craft and its equipment shall be maintained after survey pursuant to section 1.7 of Chapter 1 of the High-Speed Craft Code.
Issue of certificates to United Kingdom high-speed craft
6
1
Where a survey of a United Kingdom high-speed craft to meet the requirements of the High-Speed Craft Code is satisfactorily completed, the Marine Safety Agency shall issue, in the case of craft engaged on international voyages, a High-Speed Craft Safety Certificate in accordance with section 1.8 of Chapter 1 of the High-Speed Craft Code, or, in the case of a high-speed craft not engaged on international voyages, a United Kingdom High-Speed Craft Safety Certificate.
2
The period of a High-Speed Craft Safety Certificate shall be as specified in section 1.8 of Chapter 1 of the High-Speed Craft Code. A United Kingdom High-Speed Craft Safety Certificate shall be of the same period as a High-Speed Craft Safety Certificate.
Issue of Permits to Operate to United Kingdom high-speed craft
7
1
Where the Marine Safety Agency is satisfied that the requirements of paragraph 1.2.2 to 1.2.11 of Chapter 1 of the High-Speed Craft Code are met in relation to a United Kingdom high-speed craft, and after consultation with the Administration of any other country where the craft is intended to operate, it shall issue the owner with a Permit to Operate.
2
In the case of such a craft intended to be operated to or from a country other than the United Kingdom, the Permit to Operate shall include any operational conditions requested by the Administration of that country, and shall be approved by it.
Issue and endorsement of Certificate and Permit by another Government
8
1
The Secretary of State may request, through a proper officer or otherwise, the government of a country to which the 1974 SOLAS Convention applies —
i
to survey a United Kingdom high-speed craft, and
ii
if satisfied that the requirements of the High-Speed Craft Code are complied with, to issue to the craft a High-Speed Craft Safety Certificate or authorise such issue. A certificate issued in accordance with such a request shall contain a statement that it has been so issued and shall have the same effect as if it was issued by the Secretary of State.
2
The Secretary of State may request, through a proper officer or otherwise, the government of a country to which the 1974 SOLAS Convention applies, if it is satisfied that the requirements of paragraphs 1.2.2 to 1.2.11 of Chapter 1 of the High-Speed Craft Code are complied with, to issue to the craft, a Permit to Operate or authorise such issue. A Permit to Operate issued in accordance with such a request shall contain a statement that it has been so issued and shall have the same effect as if it was issued by the Secretary of State.
High-speed craft not registered in the United Kingdom and to which the 1974 SOLAS Convention applies
9
1
The Secretary of State may, at the request of a government of a country to which the 1974 SOLAS Convention applies, survey a high-speed craft registered in that country and, if satisfied that the requirements of the High-Speed Craft Code are complied with, and that a survey has been satisfactorily completed in accordance with these Regulations, issue to the craft a High-Speed Craft Safety Certificate and, where appropriate, endorse such certificates in accordance with the requirements of the Convention. A certificate issued in accordance with such a request shall contain a statement that it has been so issued and shall have the same effect as if it was issued by that government and not by the Secretary of State.
2
The Secretary of State may, at the request of a government of a country to which the 1974 SOLAS Convention applies, and if he is satisfied that paragraphs 1.2.2 to 1.2.11 of Chapter 1 of the High-Speed Craft Code are complied with, issue to the craft a Permit to Operate. A Permit to Operate issued in accordance with such a request shall contain a statement that it has been so issued and shall have effect as if it was issued by the government of the requesting country and not by the Secretary of State.
3
This regulation applies to craft operated or intended to be operated on international voyages.
Other non-United Kingdom high-speed craft
10
1
The Marine Safety Agency shall require that the Permit to Operate of a high-speed craft which is not a United Kingdom high-speed craft, which operates to or from the United Kingdom on international voyages, contains operational conditions requested by the Marine Safety Agency, and is approved by it.
2
Paragraphs (3) and (4) below apply to high-speed craft which are not United Kingdom high-speed craft operated or intended to be operated on voyages which are not international voyages.
3
Where there is not in force in relation to such a craft a High-Speed Craft Safety Certificate, the Marine Safety Agency may, where a survey or surveys of the craft to meet the requirements of the Code has been satisfactorily completed, issue a United Kingdom High-Speed Craft Safety Certificate.
4
a
Where there is in force in relation to such a craft a Permit to Operate issued by the government of the country where the craft is registered, the Marine Safety Agency may request the inclusion of operational conditions in the Permit to Operate and shall approve the Permit to Operate. Such a Permit to Operate, if not approved, shall not be valid.
b
Where there is not in force in relation to such a craft a Permit to Operate issued by the country where the craft is registered, the Marine Safety Agency may issue such a Permit to Operate.
Cancellation of a certificate or permit
11
1
The Secretary of State may cancel a certificate or permit issued to a United Kingdom high-speed craft, or pursuant to regulation 10, where he has reason to believe that:
a
the certificate or permit was issued on false or erroneous information;
b
since any survey required by these Regulations, the structure, equipment or machinery of the craft has sustained damage or is otherwise deficient; or
c
there has been non-compliance with the conditions of the permit such that the safety of the craft or of life were imperilled.
2
The Secretary of State may require that a certificate or permit issued to United Kingdom high-speed craft, or pursuant to regulation 10, which has expired or has been cancelled be surrendered, as directed.
3
No person shall:
a
intentionally alter a certificate or permit referred to in these Regulations;
b
intentionally make a false certificate or permit referred to in these Regulations;
c
in connection with any survey required by these Regulations, knowingly or recklessly furnish false information;
d
with intent to deceive, use, lend, or allow to be used by another, a certificate or permit referred to in these Regulations;
e
fail to surrender a certificate or permit required to be surrendered under paragraph (2) above; or
f
in Scotland forge any certificate or permit referred to in these Regulations.
Prohibition on proceeding to sea without the appropriate documentation
12
1
No United Kingdom high-speed craft shall proceed to sea or otherwise on a voyage unless it has been surveyed and there are in force the following certificates and permits;
a
i
in the case of a high-speed craft engaged on international voyages, a High-Speed Craft Safety Certificate; or
ii
in the case of a high-speed craft not engaged on international voyages, a United Kingdom High-Speed Craft Safety Certificate; and
b
a Permit to Operate.
2
No high-speed craft registered in a State to which the 1974 SOLAS Convention applies shall proceed to sea from the United Kingdom on an international voyage unless there are in force such Convention certificates that would be required if the craft was a United Kingdom high-speed craft, and the Permit to Operate contains any operational conditions required by the Marine Safety Agency.
3
No high-speed craft registered in a State to which the 1974 SOLAS Convention does not apply shall proceed to sea from the United Kingdom on an international voyage unless the craft is in possession of documentation which shows that it has been surveyed, and is in compliance with the High-Speed Craft Code, and meets the requirements of paragraph 1.2.2 to 1.2.11 of the High-Speed Craft Code.
4
No high-speed craft which is not a United Kingdom craft shall proceed on a voyage which is not an international voyage unless there is in force in relation to it:
a
a High-Speed Craft Safety Certificate or a United Kingdom High-Speed Craft Safety Certificate, and
b
a Permit to Operate issued —
i
by the government of the country in which the craft is registered, which contains all operational conditions requested by the Marine Safety Agency and is approved by the Agency, or
ii
by the Marine Safety Agency.
5
Where a certificate of a Permit to Operate is issued subject to conditions, the owner and master shall ensure that all conditions are complied with throughout the voyage.
6
The master of every high-speed craft shall produce to an officer of customs, from whom a clearance for the craft is demanded for an international voyage, the certificates or documentation referred to in this regulation.
Limit on the number of passengers on passenger high-speed craft
13
The owner and master of a passenger high-speed craft shall ensure that there is not on board a greater number of passengers than that stated on the craft’s Permit to Operate.
Penalties
14
1
If a high-speed craft to which these Regulations apply proceeds, or attempts to proceed, to sea or otherwise on a voyage or excursion without complying with the requirements of regulation 4, 5 or 12(1), (2), (3) or (4) of these Regulations, the owner and master of the craft shall each be guilty of an offence in respect of each case of non-compliance and liable on summary conviction to a fine not exceeding the statutory maximum or, on conviction on indictment, to imprisonment for a term not exceeding two years, or a fine, or both.
2
Any contravention of regulation 11(3) shall be an offence, punishable on summary conviction by a fine not exceeding the statutory maximum or, on conviction on indictment, by imprisonment for a term not exceeding 6 months, or a fine, or both.
3
Any contravention of regulation 12(6) shall be an offence punishable on summary conviction by a fine not exceeding level 3 on the standard scale.
4
Any contravention of regulation 13, being an offence corresponding to the offence under section 283 of the Merchant Shipping Act 1894 , shall be an offence by both the owner and master and shall be punishable on summary conviction by a fine not exceeding £50,000 or, on conviction on indictment, by imprisonment for a term not exceeding two years or a fine, or both.
5
It shall be a defence for a person charged with an offence under these Regulations to prove that he took all reasonable steps to ensure compliance with the Regulations.
Exemptions
15
The Secretary of State may exempt any high-speed craft, or description of such craft, from all or any of the provisions of these Regulations (as may be specified in the exemption) on such terms, if any, as he may specify, and may, subject to giving reasonable notice, alter or cancel any such exemption.
Power to detain
16
In any case where a high-speed craft does not comply with the requirements of these Regulations, the craft shall be liable to be detained and section 284 of the Merchant Shipping Act 1995 (which relates to the detention of a ship) shall have effect in relation to the high-speed craft, subject to the modification that as if for the words “the Act,” wherever they appear, there were substituted the words “the Merchant Shipping (High-Speed Craft) Regulations 1996”, and for the word “ship” there were substituted “high-speed craft”.
Amendment of Regulations
17
a
The Merchant Shipping (Passenger Ship Construction and Survey) Regulations 1984 shall be amended by adding the following sub-paragraph to the exceptions in regulation 1(3)(a):
and
d
high-speed craft to which the Merchant Shipping (High-Speed Craft) Regulations 1996 apply
.
b
The Merchant Shipping (Cargo Ship Construction and Survey) Regulations 1984 shall be amended by adding the following sub-paragraph in regulation 1(3):
c
These Regulations do not apply to cargo ships which are high-speed craft to which the Merchant Shipping (High-Speed Craft) Regulations 1996 apply
.
c
The Merchant Shipping (Fire Protection) Regulations 1984 shall be amended by inserting the following in the Proviso to regulation 1(4), after (ii):
and (iii) high-speed craft to which the Merchant Shipping (High-Speed Craft) Regulations 1996 apply
.
d
The Merchant Shipping (Life-Saving Appliances) Regulations 1986 shall be amended by adding the following to regulation 4(1):
and
d
high-speed craft to which the Merchant Shipping (High-Speed Craft) Regulations 1996 apply
.
e
The Merchant Shipping (Radio Installations) Regulations 1992 shall be amended by adding in regulation 2(2) the following:
f
high-speed craft to which the Merchant Shipping (High-Speed Craft) Regulations 1996 apply
.
f
The Merchant Shipping (Navigational Equipment) Regulations 1993 shall be amended by substituting in regulation 2(3), for “and fishing vessels” the words “, fishing vessels and high-speed craft to which the Merchant Shipping (High-Speed Craft) Regulations 1996 apply”.
g
The Merchant Shipping (Survey and Certification) Regulations 1995 shall be amended by substituting, in regulation 2(1), for “or pleasure vessels” the words “, high-speed craft to which the Merchant Shipping (High-Speed Craft) Regulations 1997 apply or pleasure vessels”.
Signed by authority of the Secretary of State for Transport
Goschen
Parliamentary Under-Secretary,
Department of Transport
19th December 1996


text:
1
This Order may be cited as the A23 Trunk Road (Streatham High Road and Streatham Hill, Lambeth) (Prescribed Routes) Order 1996 and shall come into force on 8th November 1996.
2
In this Order:
“central reserve” means that part of Streatham High Road and Streatham Hill which separates the northbound and southbound carriageways of those roads for the safety and guidance of vehicles using those roads;
“the junction” means the junction of Streatham Hill with Sternhold Avenue; and
“Streatham High Road” and “Streatham Hill” mean those lengths of the A23 Trunk Road in the London Borough of Lambeth known by those names.
3
No person shall cause or permit any vehicle having entered Streatham High Road from Leigham Avenue to proceed in any direction other than southwards.
4
No person shall cause or permit any vehicle —
a
proceeding in Streatham Hill to turn right into Amesbury Avenue;
b
having entered Streatham Hill from Amesbury Avenue to proceed in any direction other than southwards; or
c
proceeding in the southbound carriageway of Streatham Hill to make a U-turn at the junction so as to proceed in the opposite direction.
5
No person shall cause or permit any vehicle to enter or proceed through the gaps in the central reserve which lie —
a
in Streatham Hill opposite the entrance to Staplefield Close; and
b
in that length of Streatham Hill between its junctions with Wyatt Park Road and Downton Avenue.
6
Nothing in articles 3, 4 and 5 above shall apply to any vehicle being used for Police, Fire Brigade or Ambulance purposes, or to anything done at the direction or with the permission of a constable in uniform or a traffic warden.
Signed by authority of the Secretary of State for Transport
P. J. Bevis
Assistant Director
Highways AgencyLondon Network Management Division
4th November 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Special Trustees for the Middlesex Hospital (Transfer of Trust Property) Order 1996 and shall come into force on 1st October 1996.
2
In this Order —
“the St Peter’s special trustees” means the special trustees for St. Peter’s Hospital;
“the Middlesex special trustees” means the special trustees for the Middlesex Hospital;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the St Peter’s special trustees and the Middlesex special trustees on 16th October 1995, which schedule has been signed on behalf of both the St Peter’s special trustees and the Middlesex special trustees.
Transfer of trust property
2
On 1st October 1996 the trust property shall be transferred from the St Peter’s special trustees to the Middlesex special trustees.
Signed by authority of the Secretary of State for Health
Simon Burns
Parliamentary Under Secretary of State,
Department of Health
2nd September 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Rhondda Health Care National Health Service Trust (Transfer of Trust Property) Order 1996 and shall come into force on 1st April 1996.
2
In this Order —
“the Authority” means Mid Glamorgan Health Authority;
“the Trust” means the Rhondda Health Care National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 3rd January 1996, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of Trust Property
2
On 1st April 1996 the trust property shall be transferred from the Authority to the Trust.
William Hague
Secretary of State for Wales
4th March 1996


text:
Citation and commencement
1
This Order may be cited as the Mortgage Indemnities (Recognised Bodies) Order 1996 and shall come into force on 20th February 1996.
Specified Bodies
2
The following bodies are hereby specified as recognised bodies for the purposes of sections 442 and 443 of the Housing Act 1985 (agreements to indemnify mortgages and contributions to mortgage costs) —
a
Bradford & Bingley Loans Limited;
b
Bradford & Bingley Management Limited;
c
Bradford & Bingley Secured Loans Limited;
d
Bradford & Bingley Secured Loans Management Limited.
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,
Department of the Environment
25th January 1996
We consent,
Simon Burns
Liam Fox
Two of the Lords Commissioners of Her Majesty’s Treasury
30th January 1996


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


text:
Citation and commencement
1
This Order may be cited as the Educational Endowments (Dumfries and Galloway Region) Transfer Scheme Order 1996 and shall come into force on 1st April 1996.
Making of Scheme
2
The Scheme set out in the Schedule to this Order shall have effect.
Raymond S Robertson
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
26th February 1996


text:
Citation and commencement
1
These Regulations may be cited as the Special Waste (Amendment) Regulations 1996 and shall come into force on 31st August 1996.
Amendment of the Special Waste Regulations 1996
2
The Schedule to these Regulations, which contains amendments to the Special Waste Regulations 1996 , shall have effect,
Signed by authority of the Secretary of State.
Paul Beresford
Parliamentary Under-Secretary of State,
Department of the Environment
1st August 1996


text:
1
1
This Order may be cited as the Extraterritorial US Legislation (Sanctions against Cuba, Iran and Libya) (Protection of Trading Interests) Order 1996 and shall come into force on 28th January 1997.
2
In this Order, unless the context otherwise requires, expressions used in Council Regulation ( EC ) No. 2271/96 of 22nd November 1996 protecting against the effects of the extraterritorial application of legislation adopted by a third country and actions based thereon or resulting therefrom (“the EC Counter-measures Regulation ”) shall have the same meaning as in that Regulation.
2
1
Subject to paragraph (2) below, any person referred to in Article 11 of the EC Counter-measures Regulation (that is to say —
i
any natural person being a resident in the Community and a national of a member state, or
ii
any legal person incorporated within the Community, or
iii
any natural or legal person referred to in Article 1(2) of Council Regulation ( EEC ) No. 4055/86 , or
iv
any other natural person being a resident in the Community, unless that person is in the country of which he is a national, or
v
any other natural person within the Community, including its territorial waters and air space and in any aircraft or on any vessel under the jurisdiction or control of a member state, acting in a professional capacity)
who commits a breach of Article 2 or the first paragraph of Article 5 of that Regulation, and any director, manager or other person with management responsibilities to whom the obligation in the first paragraph of Article 2 of that Regulation applies who commits a breach of that paragraph, shall be guilty of an offence and liable —
a
on conviction on indictment, to a fine;
b
on summary conviction, to a fine not exceeding the statutory maximum.
2
Paragraph (1) above shall not apply in respect of anything done or omitted to be done —
a
within the territorial jurisdiction of a member state other than the United Kingdom, or
b
outside the territorial jurisdiction of any member state by —
i
a national of a member state other than the United Kingdom who is not also a British person, or
ii
a legal person incorporated in a member state other than the United Kingdom, or
iii
any person falling within paragraph (1)(iii) above unless —
aa
he is a British person, or
bb
it is a shipping company controlled by a British person or by nationals of a member state at least one of which is a British person, or
cc
the vessel, or at least one of the vessels, of that person is registered in the United Kingdom, or
iv
any person falling within paragraph (1)(iv) above unless he was established within the United Kingdom at some time during the period of at least six months referred to in footnote 1 to Article 11(1) of the EC Counter-measures Regulation;
and in this paragraph —
“British person” means a British citizen, British Dependent Territories citizen, British Overseas citizen, British National (Overseas), British subject or British protected person, and
the “territorial jurisdiction” of a member state means the territory of that member state within the European Community, including its territorial waters and air space, and any aircraft or vessel under the jurisdiction or control of that member state.
3
No proceedings for an offence under paragraph (1) above shall be instituted in England, Wales or Northern Ireland except by the Secretary of State or with the consent of the Attorney General or, as the case may be, the Attorney General for Northern Ireland.
4
Proceedings against any person for an offence under this section may be taken before the appropriate court in the United Kingdom having jurisdiction in the place where that person is for the time being.
3
1
Sections 1(1) and (3) and 2 of the Protection of Trading Interests Act 1980 and orders made and directions given thereunder shall not apply in respect of any matter to the extent that Article 5 of the EC Counter-measures Regulation applies in respect of it.
2
Section 6 of that Act shall not apply in respect of a judgment to the extent that Article 6 of that Regulation provides for recovery of damages as a result thereof.
N. H. Nicholls
Clerk of the Privy Council
19th December 1996


text:
Citation and Commencement
1
These Regulations may be cited as the Motor Vehicles (Type Approval) (Great Britain) (Amendment) Regulations 1996 and shall come into force on 1st October 1996.
Preliminary
2
The Motor Vehicles (Type Approval) (Great Britain) Regulations 1984 shall be further amended in accordance with the following provisions of these Regulations.
Amendments to regulation 3 (interpretation)
3
In regulation 2(1), after the definition of “ ECE Regulation” there shall be inserted the following definitions —
“emissions or noise item” means an item in Part I of Schedule 1 in respect of which the subject matter specified in column (2) of that Part is “exhaust emissions” or “noise and silencers;”.
“Framework Directive vehicle” means a vehicle to which these Regulations apply and which is a “vehicle” within the meaning of Council Directive 70/156/ EEC as amended by Council Directive 87/403/EEC , Council Directive 92/53/EEC and Commission Directive 93/81 ;
.
Amendments to regulation 4
4
1
Regulation 4 shall be amended as follows.
2
In paragraph (1A), there shall be inserted at the beginning the words “Subject to paragraph (3B),” and the words after sub-paragraph (b) shall be omitted.
3
In paragraph (3A), for the words “items” onwards there shall be substituted the words “any emissions or noise item”.
4
After paragraph (3A) there shall be inserted the following paragraph —
3B
No emissions or noise item shall apply to a Framework Directive vehicle on or after the date specified in column (6) of the item.
.
5
At the end of paragraph (4) there shall be added the words “; and for the purposes of this paragraph, items 2A and 2B shall be regarded as items having the same subject matter”.
6
For paragraph (11) there shall be substituted —
11
Schedules 1B and 1C (which treat certain emissions or noise items as if in certain circumstances specified dates were substituted for the entries in columns (5) and (6)) shall have effect.
.
Amendments to Schedule 1
5
1
Part I of Schedule 1 shall be amended as follows.
2
For item 4H there shall be substituted —
4H Exhaust emissions
Council Directive 88/77/EEC of 3 December 1987 as amended by Council Directive 91/542/EEC of 1 October 1991
or
ECE Regulation 49 of 15 April 1982 as amended on 14 May 1990 and 30 December 1992
L36, 9.2.88, p. 33, L295, 25.10.91, p. 1. Design, construction and equipment requirements in Annex I, paragraph 6 (excluding line B in the Table in sub-paragraph 6.2.1)
1
Vehicles propelled by spark ignition engines.
2
Vehicles with less than 4 wheels if they are constructed not to exceed a speed of 30 mph on the level under their own power or if they have an unladen weight of less than 400kg.
3
Vehicles fuelled by liquid petroleum gas.
1.7.1992 1.10.1996 (but see regulation 4(11) and Schedule 1C) Design, construction and equipment requirements in paragraphs 5 and 6 (excluding line B in the Table in sub-paragraph 5.2.1). 1.10.1993 1.10.1996 (but see regulation 4(11) and Schedule 1C)
3
After item 4L, there shall be inserted the following items–
4M Exhaust emissions
Council Directive 88/77/EEC of 3 December 1987 as amended by Council Directive 91/542/EEC of 1 October 1991
or
ECE Regulation 49 of 15 April 1982 as amended on 14 May 1990 and 30 December 1992
L36, 9.2.88, p. 33 and L295, 25.10.91, p. 1. Design, construction and equipment requirements in Annex I, paragraph 6 (excluding line A in the Table in sub-paragraph 6.2.1).
1
Vehicles propelled by spark ignition engines.
2
Vehicles with less than 4 wheels if they are constructed not to exceed a speed of 30 mph on the level under their own power or if they have an unladen weight of less than 400kg.
3
Vehicles fuelled by liquid petroleum gas.
1.7.1992 Design, construction and equipment requirements in paragraphs 5and 6 (excluding line A in the Table in sub-paragraph 5.2.1). 1.10.1993 4N Exhaust emissions Council Directive 88/77/EEC of 3 December 1987 as amended by Council Directive 91/542/EEC of 1 October 1991 and European Parliament and Council Directive 96/1 of 22 January 1996 L36, 9.2.88, p. 33, L295, 25.10.91, p. 1 and L40 17.2.96, p. 1. Design, construction and equipment requirements in Annex I, paragraph 6 (excluding line A in the Table in sub-paragraph 6.2.1)
1
Vehicles having–
a
an engine with a cylinder capacity of not less than 700 cc; and
b
a rated power speed (within the meaning of Council Directive 88/77/EEC amended as specified in column 3(a)) of more than 3,000 revolutions per minute.
2
Vehicles propelled by spark ignition engines.
3
Vehicles with less than 4 wheels if they are constructed not to exceed a speed of 30 mph on the level under their own power or if they have an unladen weight of less than 400kg.
4
Vehicles fuelled by liquid petroleum gas.
1.10.1996 1.10.1997
4
In item 14G, in column (6), there shall be inserted the words “1.1.97 (but see regulation 4(14) and Schedule 1C)”.
5
After item 14H there shall be inserted the following item–
14I Noise and Silencers Council Directive 70/157/EEC of 6 February 1970 as amended by Commission Directive 73/350/EEC of 7 November 1973, Council Directive 77/212/EEC of 8 March 1977, Commission Directives 81/334/EEC of 13 April 1981, 84/372/EEC of 3 July 1984 and Council Directives 84/424/EEC of 3 September 1984 and 92/97/EEC of 10 November 1992 and Commission Directive 96/20/ EC of 27 March 1996. L42, 23.2.70, p. 16 (SE 1970(I), p.111), L321, 22.11.73, p. 33, L66, 12.3.77, p. 33, L131, 18.5.81 p. 6, L196, 26.7.84, p. 47, L238, 6.9.84, p. 31, L371, 19.12.92, p. 1 and L92, 13.4.96, p. 23. Design, construction and equipment requirements in Annex I, paragraph 5. Marking requirements in Annex I, paragraph 3. 1.10.1996
6
After item 2A, there shall be inserted the following item–
2B Electromagnetic compatibility of vehicles Commission Directive 95/54/EC of 31.10.1995 L266, 8.11.95, p. 1. Design and construction requirements in Annex I paragraphs 6 and 8. Marking requirements in Annex I, paragraph 5. Vehicles not propelled by spark ignition engines. 1.10.1996
Amendments to Schedule 1B
6
1
Schedule 1B shall be amended as follows.
2
For paragraphs 1 and 1A in Part I, there shall be substituted —
1
This Schedule has effect subject to Schedule 1C.
1A
Where an entry in column (5) or (6) of an item in Part I of Schedule 1 comprises the words “See regulation 4(14) and Schedule 1B” these Regulations shall have effect as if for that entry there were substituted the date determined in accordance with the following provisions of this Schedule.
.
3
In the Table in Part II, in the heading to column (1) after the words “Item in” there shall be inserted the words “Part I of”.
4
In that Table in column (2) of items 14E and 14F for the words “All vehicles” there shall in each case be substituted “All vehicles having 4 or more wheels”
5
In that Table in column (4)(b) —
a
in the entry relating to item 2I in Part I of Schedule 1, for “31.12.1996” there shall be substituted “1.1.1997”; and
b
in the entry relating to item 4E in that Part, for “30.9.1996” there shall be substituted “1.10.1996”.
6
Parts III and IV of Schedule 1B shall be omitted.
New Schedule 1C
7
After Schedule 1B there shall be inserted Schedule 1C as 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
9th September 1996