text:
Commencement and citation
1
This Order may be cited as the A406 Trunk Road (Barnet) Red Route Experimental Traffic Order 1996, and shall come into force on 22nd March 1996.
Interpretation
2
In this Order —
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route” means the lengths of road specified in column (2) of the table in schedule 1;
f
“vehicle” includes part of a vehicle; and
g
an entry in column (3), (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule.
General prohibition of stopping
3
1
Subject to the provisions of paragraphs (2) and (3) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop in the trunk road red route during the restricted hours.
2
Subject to the provisions of paragraph (3) of this article, and of articles 5(1), 8 and 9, no person shall cause any vehicle to stop at any time in any lengths of the trunk road red route specified in schedule 4.
3
The controls specified in paragraphs (1) and (2) of this article do not apply in respect of any area of the trunk road red route specified in schedule 2A.
4
In this article “the restricted hours” means, in relation to a length of the trunk road red route specified in an item in column (2) of the table in schedule 1, the hours specified in that item in column (3) of that table.
5
In so far as the provisions of paragraph (1) of this article relate to a length of road to which paragraph (2) of this article also relates, the provisions of paragraph (2) shall prevail.
Exemptions for parking
4
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
Miscellaneous exemptions for parking
5
1
Licensed taxi cabs: The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to be parked at the edge of the carriageway on a length of road specified in schedule 2D.
2
Coaches: The controls specified in article 3(1) do not apply in respect of a person causing a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver) or a local bus (as defined in article 8(4)) not so constucted or adapted, to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2E during the hours specified in column (3) in that item, for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
3
Doctors' vehicles: The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2F during the hours specified in column (3) in that item, provided that —
a
there is displayed in the windscreen of the vehicle a badge issued by, or with the authority of, the Traffic Director for London to a medical practitioner, and which specifies —
i
the name of the person to whom it was issued, and
ii
the premises in relation to which it applies; and
b
the vehicle was parked by, or with the permission of, the person whose name is specified on the badge and for so long only as the person who parked the vehicle is engaged in work at the premises specified on the badge.
4
Solo motor bicycles: The controls specified in article 3(1) do not apply in respect of a person causing a motor bicycle without a side-car to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2G during the hours specified in column (3) in that item.
Exemptions for loading and unloading
6
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which is being loaded or unloaded to stop at the edge of the carriageway on a length of road specified in an item in column (2) of the tables in schedules 3A and 3B during the hours specified in column (3) in that item for as long as is needed to load or unload the vehicle or 20 minutes, whichever is the less, provided that not less than 20 minutes has elapsed since the vehicle was last parked on any part of the same length of road.
Exemptions for disabled persons
7
1
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item.
2
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2C during the hours specified in column (3) in that item.
3
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which displays a disabled person’s badge in the relevant position, and a parking disc on which is shown the time at which the period of parking began, to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item, for a period of up to 3 hours not being a period separated by an interval of less than 1 hour from a previous period when that vehicle was parked in that length of road.
Exemptions at bus stops and stands
8
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to which this article applies to stop at a bus stop (being an area of road bounded by a traffic sign which includes the words “bus stop”) for so long only as may be required to enable passengers to get on or off the vehicle or, in the case of a vehicle being used to provide a local service, for so long only as may be required for a change of crew.
2
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used to provide a local service to stop at a bus stand (being an area of road bounded by a traffic sign which includes the words “bus stand”) for so long only as may be required for timetabling reasons.
3
This article applies —
a
before 1 January 1997 to
i
a public service vehicle used for the provision of a local service or a scheduled express service,
ii
a school bus, and
iii
a works bus; and
b
after 31 December 1996 to
i
a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver), and
ii
a local bus not so constructed or adapted.
4
In this article “local bus”, “local service”, “scheduled express service”, “school bus” and“works bus” have the meanings given to those expressions in regulation 4 of the Traffic Signs Regulations and General Directions 1994 .
Other exemptions
9
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to stop if that person is —
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) and (2) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) and (2) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Power to modify or suspend this Order
10
If it appears to the Traffic Director for London, or some person authorised by him, essential in the interests of the expeditious, convenient and safe movement of traffic, or of the provision of suitable and adequate parking facilities on the highway, or for preserving or improving the amenities of the area through which any road affected by this Order runs, and after consulting with the Commissioner of Police of the Metropolis, he may modify or suspend any provision of this Order, save that no modification shall make an addition.
Suspensions of existing Orders
11
1
Subject to paragraph (2) of this article, the Barnet (Waiting and Loading Restrictions) (Special Parking Areas) Order 1994 and the Barnet (Waiting and Loading Restrictions) (Priority Routes and Side Roads) Order 1994 are hereby suspended, in so far as their provisions relate to any part of the trunk road red route.
2
The suspension specified in paragraph (1) of this article shall take effect in respect of any provision contained in the Barnet (Waiting and Loading Restrictions) (Special Parking Areas) Order 1994 and the Barnet (Waiting and Loading Restrictions) (Priority Routes and Side Roads) Order 1994 only from the time at which the traffic sign indicating the effect of that provision has been obliterated.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
13 March 1996


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Income Tax (Manufactured Interest) (Amendment) Regulations 1996 and shall come into force on 28th May 1996.
Interpretation
2
In these Regulations “the principal Regulations ” means the Income Tax (Manufactured Interest) Regulations 1992 and “regulation” means a regulation of the principal regulations.
Amendments to the principal Regulations
3
In regulation 2 —
a
the definitions of “approved manufactured payment” and “unapproved manufactured payment” shall be omitted;
b
after the definition of “market maker” there shall be inserted the following definition —
“Schedule 16” means Schedule 16 to the Taxes Act;
.
4
Regulation 2A shall be omitted.
5
In regulation 3(d) for the words from “section 737” to “Act” there shall be substituted “Schedule 16”.
6
Regulations 6 and 7 shall be omitted.
7
In regulation 9 —
a
In paragraph (1) for the words “qualifying persons” there shall be substituted “any qualifying person”;
b
after paragraph (3) there shall be added —
4
In this regulation “qualifying person” means an interest manufacturer which —
a
is a company resident in the United Kingdom, and
b
makes payments of manufactured interest other than payments in respect of gilt-edged securities.
8
In regulation 10, the definition of “qualifying dividend manufacturer” shall be omitted.
9
In regulation 12, the word “qualifying”, in both places where it occurs, shall be omitted.
10
For Part V of the principal Regulations there shall be substituted the following Part —
PART V
MODIFICATION OF SCHEDULE 16
Interpretation of Part V
13
In this part of these Regulations, “dividend manufacturer” has the meaning given by regulation 10.
Modification of Schedule 16
14
1
In the case specified in paragraph (2), Schedule 16 shall apply with the modification prescribed by paragraph (3).
2
The case specified is any case where the dividend manufacturer is a company which is not resident in the United Kingdom but carries on a trade through a branch or agency in the United Kingdom.
3
The modification prescribed is that Schedule 16 shall apply as if the reference in paragraph 7 of that Schedule to “section 7(2)” were a reference to “section 11(3)”.
Simon Burns
Michael Bates
Two of the Lords Commissioners of Her Majesty’s Treasury
7th May 1996


text:
1
This Order may be cited as the Public Telecommunication System Designation (National Transcommunications Limited) Order 1996 and shall come into force on 27th July 1996.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Ian Taylor
Parliamentary Under Secretary of State,
Department of Trade and Industry
27th June 1996


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Housing Benefit (General) Amendment Regulations 1996 and shall come into force on 7th October 1996.
2
In these Regulations —
“the principal Regulations ” means the Housing Benefit (General) Regulations 1987 ;
“the Amendment Regulations ” means the Housing Benefit (General) Amendment Regulations 1995 ;
“the relevant date” means the 6th October 1996.
3
In regulations 9 and 10 of these Regulations expressions used shall, unless the context otherwise requires, have the same meaning as they have in the principal Regulations.
Amendment of regulation 2 of the principal Regulations
2
In paragraph (1) of regulation 2 of the principal Regulations (interpretation), after the definition of “year of assessment”, there shall be inserted a new definition —
“young individual” means a single claimant who has not attained the age of 25 years, but does not include such a claimant —
whose landlord is a registered housing association; or
who has ceased to be the subject of a care order pursuant to section 31(1)(a) of the Children Act 1989 , which had previously been made in respect to him either —
after he attained the age of 16 years; or
before he attained the age of 16 years, but had continued after he attained that age,
and who has not attained the age of 22 years; and
.
Amendment of regulation 10 of the principal Regulations
3
1
In paragraph (6AB) of regulation 10 of the principal Regulations (rent) there shall be inserted, at the beginning, the words “Except in a case where a maximum rent has been determined in accordance with regulation 11(3A) (limit on maximum rent in the case of a single room rent determination),”.
Amendment of regulation 11 of the principal Regulations
4
1
Regulation 11 of the principal Regulations (maximum rent) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (2), after the words “local reference rent” there shall be inserted the words“or a single room rent”.
3
After paragraph (3) there shall be inserted a new paragraph (3A) —
3A
In the case of a young individual, where the rent officer has determined a single room rent and is required to notify the authority of it, the maximum rent shall not exceed that single room rent.
.
4
In paragraph (4), for the words “limit specified in paragraph (3)” there shall be substituted the words “limits specified in paragraphs (3) and (3A)”.
5
In paragraph (5), for the words “limit specified in paragraph (3)” there shall be substituted the words “limits specified in paragraphs (3) and (3A)”.
6
In paragraph (8A) , at the end, there shall be added the words “except in a case where the maximum rent has been determined in accordance with paragraph (3A).”.
7
In paragraph (13), after the definition of “relevant rent”, there shall be inserted a new definition —
“single room rent” means the rent determined by a rent officer under paragraph 4A of Schedule 1 to the Rent Officers Order ;
.
Amendment of regulation 12A of the principal Regulations
5
After paragraph (1A) of regulation 12A of the principal Regulations (requirement to refer to rent officers) there shall be inserted the following paragraph —
1B
When applying to the rent officer pursuant to paragraph (1), the appropriate authority shall state whether, in their opinion, the claimant is or may be a young individual.
.
Amendment of regulation 88 of the principal Regulations
6
In regulation 88(3) of the principal Regulations (time and manner of payment) for the words “Subject to regulations 91 to 96 (payment on account of rent allowance, payment provisions)” there shall be substituted the words “Subject to regulations 90 to 96 (frequency of payment of and payment on account of rent allowance, payment provisions),”.
Amendment of regulation 90 of the principal Regulations
7
1
Regulation 90 of the principal Regulations (frequency of payment of a rent allowance) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1) for the words “Subject to paragraphs (3) to (5)” there shall be substituted the words “Subject to the following provisions of this regulation”.
3
For paragraph (2) there shall be substituted the following paragraphs —
2
Except in a case to which paragraph (2A) applies, any payment of a rent allowance shall be made, in so far as it is practicable to do so, at the end of the period in respect of which it is made.
2A
Except in a case to which regulation 94(1A) applies and subject to paragraph (2B), this paragraph applies where payment of a rent allowance is being made to a landlord (which for these purposes has the same meaning as in regulations 93 and 94 (payments to a landlord) ), when that payment shall be made —
a
at intervals of 4 weeks; and
b
at the end of the period in respect of which it is made.
2B
Where paragraph (2A) applies,
a
in a case where the liability in respect of which the rent allowance is paid is monthly, the authority may make payment at intervals of 1 month;
b
in a case where the authority is paying a rent allowance to a landlord in respect of more than one claimant, then the first such payment in respect of any claimant may be made to that landlord at such lesser interval as that authority considers is in the best interest of the efficient administration of housing benefit.
.
4
In paragraphs (3) and (4), at the beginning of each paragraph, there shall be inserted the words “Except in a case to which paragraph (2A) applies,”.
5
In paragraph (5), at the beginning, for the words “Subject to paragraphs (2) and (3)” there shall be substituted the words “Subject to paragraphs (2), (2A) and (3)”.
Amendment of regulation 94 of the principal Regulations
8
In regulation 94 of the principal Regulations (circumstances in which payment may be made to a landlord), there shall be inserted, after paragraph (1), the following paragraph —
1A
Without prejudice to the power in paragraph (1), in any case where in the opinion of the authority —
a
the claimant has not already discharged his liability to pay his landlord for the period in respect of which any payment is to be made; and
b
it would be in the interests of the efficient administration of housing benefit,
a first payment of a rent allowance following the determination of a claim may be made, in whole or in part, by sending to the claimant an instrument of payment payable to that landlord.
.
Amendment of Schedule 1A to the principal Regulations
9
In paragraph 2(3) of Schedule 1A to the principal Regulations (excluded tenancies) there shall be added at the end —
f
the claimant is a young individual, except in a case where the determination mentioned in sub-paragraph (1) was, or was made in conjunction with, a determination of a single room rent pursuant to paragraph 4A of Schedule 1 to the Rent Officers Order .
.
Transitional and saving provisions for young individuals
10
1
Regulations 3, 4 and 9 of these Regulations shall not apply in the case of a young individual to whom regulation 10 (saving provision) of the Amendment Regulations applies and the eligible rent of such a person shall be determined in accordance with regulation 10 of those Regulations.
2
In the case of a young individual to whom regulation 10 of the Amendment Regulations does not apply, but who was entitled to and in receipt of housing benefit in respect of the relevant date, regulations 3 and 4 of these Regulations shall not apply to him until the earlier of such time as, either —
a
the benefit period within which the relevant date falls comes to an end; or
b
he occupies as his home a dwelling other than that so occupied by him on the relevant date,
and until that time his eligible rent shall be that determined in accordance with regulations 10 and 11 of the principal Regulations as in force on the relevant date.
Saving provision for payment of benefit
11
1
Regulations 6 and 7 of these Regulations shall not apply to a claimant who —
a
was entitled to and in receipt of housing benefit on account of his liability to make payments in respect of a dwelling, which he occupied or was treated as occupying as his home, on the relevant date; and
b
continues to be entitled and in receipt of housing benefit on account of his liability in respect of such occupation of that dwelling.
2
In a case to which paragraph (1) above applies, payment of housing benefit shall continue to be made to such a claimant in accordance with regulations 88 and 90 of the principal Regulations, as in force on the relevant date.
3
In this regulation “claimant” shall be taken to include the deceased partner of a claimant in any case where a claim is made by the surviving partner within 4 weeks of the death, provided —
a
this regulation applied to that deceased partner on the day of his death; or
b
that death occurred on or after 30th September 1996 and this regulation would have applied to the deceased partner had he died after the relevant date.
Signed by authority of the Secretary of State for Social Security.
Roger Evans
Parliamentary Under-Secretary of State,
Department of Social Security
28th March 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Financial Services Act 1986 (Extension of Scope of Act) Order 1996.
2
This article and article 2 of this Order shall come into force on 6th January 1997 and the remaining articles shall come into force on 1st June 1997.
3
In this Order, “ the Act ” means the Financial Services Act 1986.
Investment companies with variable capital
2
At the end of paragraph 16 of Schedule 1 to the Act (establishing, operating or winding up of collective investment schemes), there shall be inserted “or as depositary or sole director of an investment company with variable capital.”.
Custody of investments
3
After paragraph 13 of Schedule 1 to the Act there shall be inserted the following —
Custody of Investments
13A
1
Safeguarding and administering or arranging for the safeguarding and administration of assets belonging to another where —
a
those assets consist of or include investments; or
b
the arrangements for their safeguarding and administration are such that those assets may consist of or include investments and the arrangements have at any time been held out as being arrangements under which investments would be safeguarded and administered.
2
Offering or agreeing to safeguard and administer, or to arrange for the safeguarding and administration of, assets belonging to another where the circumstances fall within sub-paragraph (1)(a) or (b) above.
Notes
1
This paragraph does not apply to a person by reason of his safeguarding and administering assets, or offering or agreeing to do so, under arrangements —
a
under which another person (“the primary custodian”), who is permitted to provide a service falling within this paragraph, undertakes to the person to whom the assets belong a responsibility in respect of the assets which is no less onerous than the responsibility which the primary custodian would undertake to that person if the primary custodian were safeguarding and administering the assets himself, and
b
which are operated by the primary custodian in the course of carrying on in the United Kingdom investment business falling within this paragraph.
2
None of the following activities constitutes the administration of assets —
a
providing information as to the number of units or the value of any assets safeguarded;
b
converting currency; and
c
receiving documents relating to an investment solely for the purpose of onward transmission to, from or at the direction of the person to whom the investment belongs.
3
For the purposes of this paragraph it is immaterial that the assets safeguarded and administered —
a
constitute units of a security, title to which is recorded on the relevant register of securities as being held in uncertificated form; or
b
may be transferred to another person, subject to a commitment by the person safeguarding and administering them, or arranging for their safeguarding and administration, that they will be replaced by equivalent assets at some future date or when so requested by the person to whom they belong.
4
This paragraph does not apply to arrangements for the introduction of persons to another person if —
a
the person to whom the introduction is made is permitted to provide a service falling within this paragraph; and
b
the introduction is made with a view to the provision in the United Kingdom of a service falling within this paragraph or the making of arrangements operated in the United Kingdom for the provision of a service falling within this paragraph by a person who is not connected with the person by whom the introduction is made.
For the purposes of this Note, the person making the introduction shall be regarded as connected with the other person if he is either a body corporate in the same group as that other person or remunerated by that other person.
5
For the purposes of Notes (1) and (4) above, a person is permitted to provide a service falling within this paragraph if —
a
he is an authorised person who may provide that service —
i
without contravening any rules that apply to him under section 48 of this Act; or
ii
by virtue of his membership of a recognised self-regulating organisation or his certification by a recognised professional body; or
b
he is an exempted person as respects any investment business which consists of or includes that service; or
c
he is entitled to carry on investment business in the United Kingdom which consists of or includes that service pursuant either to regulation 5 of the Banking Coordination (Second Council Directive) Regulations 1992 or to regulation 5 of the Investment Services Regulations 1995 .
.
4
After sub-paragraph (3) of paragraph 18 of Schedule 1 to the Act (groups and joint enterprises) there shall be inserted the following —
3A
Paragraph 13A above does not apply to a service which a person provides or offers or agrees to provide or to arrangements which a person makes or offers or agrees to make for the provision of a service if —
a
that person is a body corporate and the service is or is to be provided to a body corporate in the same group and relates or will relate to assets which belong to that other body corporate; or
b
that person is or proposes to become a participator in a joint enterprise and the assets to which the service relates or will relate are or are to be held on behalf of another person who is or proposes to become a participator in the enterprise and are or are to be held for the purposes of or in connection with the enterprise.
.
5
After sub-paragraph (4) of paragraph 19 of Schedule 1 to the Act (sale of goods and supply of services) there shall be inserted the following —
4A
Paragraph 13A above does not apply to a service which the supplier provides or offers or agrees to provide or to arrangements which the supplier makes or offers or agrees to make for the provision of a service where the assets to which the service relates or will relate are or are to be held for the purposes of or in connection with the sale or supply or a related sale or supply.
.
6
In sub-paragraph (1) of paragraph 20 of Schedule 1 to the Act (employees’ share schemes), for “and 13” there shall be substituted “, 13 and 13A”.
7
After sub-paragraph (2) of paragraph 22 of Schedule 1 to the Act (trustees and personal representatives) there shall be inserted the following —
2A
Paragraph 13A above does not apply to anything done by a person as a trustee or personal representative unless —
a
he holds himself out as providing a service falling within paragraph 13A above; or
b
he is remunerated for providing such a service in addition to any remuneration he receives for discharging his duties as trustee or personal representative.
.
8
1
After sub-paragraph (2) of paragraph 24 of Schedule 1 to the Act (advice given or arrangements made in course of profession or non-investment business) there shall be inserted the following —
2A
Paragraph 13A above does not apply to the provision of a service or to arrangements made for the provision of a service where —
a
the service is provided or the arrangements are made in the course of the carrying on of any profession or of a business not otherwise constituting investment business; and
b
the provision of the service or the making of the arrangements is a necessary part of other services provided in the course of carrying on that profession or business.
.
2
For sub-paragraph (3) of paragraph 24 of Schedule 1 to the Act there shall be substituted the following —
3
Advice shall not be regarded as falling within sub-paragraph (1)(b) above, the making of arrangements shall not be regarded as falling within sub-paragraph (2)(b) above and the provision of a service or the arranging for the provision of a service shall not be regarded as falling within sub-paragraph (2A)(b) above if the giving of the advice, the making of the arrangements or the provision, or the arranging for the provision, of the service is remunerated separately from the other advice or services.
.
9
After paragraph 24 of Schedule 1 to the Act shall be inserted the following —
Custody of group pension funds by certain insurance companies
24A
1
Paragraph 13A above does not apply to anything done by a relevant insurance company in relation to the investments of any pension fund which is established solely for the benefit of the officers or employees and their dependants of that company or of any other body corporate in the same group as that company.
2
In sub-paragraph (1) above “relevant insurance company” means an insurance company to which Part II of the Insurance Companies Act 1982 applies but to which section 22 of this Act does not apply.
.
10
In sub-paragraph (1) of paragraph 27 of Schedule 1 to the Act (overseas persons: unsolicited or legitimately solicited transaction etc. with or for other persons) after “paragraphs 13,” there shall be inserted “13A,”.
Michael Bates
Richard Ottaway
Two of the Lords Commissioners of Her Majesty’s Treasury
25th November 1996


text:
Citation and Commencement
1
This Order may be cited as the Northern Ireland (Emergency Provisions) Act 1991 (Codes of Practice) (No. 3) Order 1996 and shall come into force on 29th July 1996.
Codes of Practice
2
Subject to article 3 below, the revised codes of practice laid in draft before Parliament on 26th June 1996 in connection with the detention, treatment, questioning and identification of persons detained under the Prevention of Terrorism (Temporary Provisions) Act 1989 shall come into operation on 29th July 1996.
Transitional provisions
3
1
The revised code of practice for the detention, treatment and questioning of persons detained under the Prevention of Terrorism (Temporary Provisions) Act 1989 shall apply as follows —
a
sections 2, 3, 4, 8, 9 and 15 shall apply to persons who are in such detention where the period of detention commenced after 28th July 1996; and
b
the remaining provisions shall apply to persons in such detention after midnight on 28th July 1996, notwithstanding that their period of detention may have commenced before that time.
2
The code of practice for the identification of persons detained under the Prevention of Terrorism (Temporary Provisions) Act 1989 shall apply to any procedures to which the code relates which are carried out after 28th July 1996.
Revocation
4
The Northern Ireland (Emergency Provisions) Act 1991 (Codes of Practice) (No. 2) Order 1993 is hereby revoked.
P. B. B. Mayhew
One of Her Majesty’s Principal Secretaries of State
Northern Ireland Office
28th June 1996


text:
Commencement and citation
1
This Order may be cited as the A406 Trunk Road (Barnet) Red Route (Clearway) Traffic Order 1996, and shall come into force on 22nd March 1996.
Interpretation
2
In this Order —
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route clearway” means the lengths of road specified in column (2) of the table in schedule 1;
f
“vehicle” includes part of a vehicle; and
g
an entry in column (3), (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule.
General prohibition of stopping
3
1
Subject to the provisions of paragraph (2) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop at any time in the trunk road red route clearway.
2
The controls specified in paragraph (1) of this article do not apply in respect of any area of the trunk road red route clearway specified in schedule 2.
Exemptions for parking
4
Not taken up.
Miscellaneous exemptions for parking
5
1
Not taken up.
2
Not taken up.
3
Not taken up.
4
Not taken up.
Exemptions for loading and unloading
6
Not taken up.
Exemptions for disabled persons
7
1
Not taken up.
2
Not taken up.
3
Not taken up.
Exemptions at bus stops and stands
8
1
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to which this article applies to stop at a bus stop (being an area of road bounded by a traffic sign which includes the words “bus stop”) for so long only as may be required to enable passengers to get on or off the vehicle or, in the case of a vehicle being used to provide a local service, for so long only as may be required for a change of crew.
2
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle being used to provide a local service to stop at a bus stand (being an area of road bounded by a traffic sign which includes the words “bus stand”) for so long only as may be required for timetabling reasons.
3
This article applies —
a
before 1 January 1997 to
i
a public service vehicle used for the provision of a local service or a scheduled express service,
ii
a school bus, and
iii
a works bus; and
b
after 31 December 1996 to
i
a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver), and
ii
a local bus not so constructed or adapted.
4
In this article “local bus”, “local service”, “scheduled express service”, “school bus” and“works bus” have the meanings given to those expressions in regulation 4 of the Traffic Signs Regulations and General Directions 1994 .
Other exemptions
9
1
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to stop if that person is —
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Revocation of existing Orders
10
1
Subject to paragraph (2) of this article, the Barnet (Waiting and Loading Restrictions) (Special Parking Areas) Order 1994 and the Barnet (Waiting and Loading Restrictions) (Priority Routes and Side Roads) Order 1994 are hereby revoked, in so far as their provisions relate to any part of the trunk road red route clearway.
2
The revocation specified in paragraph (1) of this article shall take effect in respect of any provision contained in the Barnet (Waiting and Loading Restrictions) (Special Parking Areas) Order 1994 and the Barnet (Waiting and Loading Restrictions) (Priority Routes and Side Roads) Order 1994 only from the time at which the traffic sign indicating the effect of that provision has been obliterated.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
13 March 1996


text:
1
1
This Scheme may be cited as the Injuries in War (Shore Employments) Compensation (Amendment) Scheme 1996.
2
The Injuries in War (Shore Employments) Compensation Schemes 1914 to 1995 and this Scheme may be cited together as the Injuries in War (Shore Employments) Compensation Schemes 1914 to 1996.
2
In paragraph (3) of the Injuries in War (Shore Employments) Compensation Scheme 1914 , for “£101.10”, wherever it appears, there shall be substituted “£105”.
3
This Scheme shall have effect as from 8th April 1996, so, however, that no payment shall be made under it in respect of any period before that date.
James Arbuthnot
Richard Mottram
Members of the Defence Council
We consent,
Michael Bates
Liam Fox
Two of the Lords Commissioners of Her Majesty’s Treasury
1st March 1996


text:
1
This Order may be cited as the A41 London — Birmingham Trunk Road (East of Aylesbury to West of Tring) Detrunking Order 1991 (Amendment) Order 1996 and shall come into force on 31st October 1996.
2
1
The A41 London — Birmingham Trunk Road (East of Aylesbury to West of Tring) Detrunking Order 1991 is hereby amended as follows:
a
for the Schedule to that Order substitute the Schedule to this Order.


text:
Commencement and citation
1
This Order may be cited as The A41 Trunk Road (Westminster) Red Route (No. 2) Experimental Traffic Order 1996, and shall come into force on 4th November 1996.
Interpretation
2
In this Order–
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route” means the lengths of road specified in column 2 of the table in schedule 1;
f
“vehicle” includes part of a vehicle; and
g
an entry in column (3) , (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule.
General prohibition of stopping
3
1
Subject to the provisions of paragraphs (2) and (3) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop in the trunk road red during the restricted hours.
2
Subject to the provisions of paragraph (3) of this article, and of articles 5(1), 8 and 9, no person shall cause any vehicle to stop at any time in any lengths of the trunk road red route specified in schedule 4.
3
The controls specified in paragraphs (1) and (2) of this article do not apply in respect of any area of the trunk road red route specified in schedule 2A.
4
In this article “the restricted hours” means, in relation to a length of the trunk road red route specified in an item in column (2) of the table in schedule 1, the hours specified in that item in column (3) of that table.
Exemptions for parking
4
The controls specified in articles 3(1) and (2) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
Miscellaneous exemptions for parking
5
1
Licensed taxi cabs: The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to be parked at the edge of the carriageway on a length of road specified in schedule 2D.
2
Coaches: The controls specified in article 3(1) do not apply in respect of a person causing a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver) or a local bus (as defined in article 8(4)) not so constructed or adapted, to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2E during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
3
Doctors' vehicles: The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2F during the hours specified in column (3) in that item, provided that–
a
there is displayed in the windscreen of the vehicle a badge issued by, or with the authority of, the Traffic Director for London to a medical practitioner, and which specifies–
i
the name of the person to whom it was issued, and
ii
the premises in relation to which it applies; and
b
the vehicle was parked by, or with the permission of, the person whose name is specified on the badge and for so long only as the person who parked the vehicle is engaged in work at the premises specified on the badge.
4
Solo motor bicycles: The controls specified in article 3(1) do not apply in respect of a person causing a motor bicycle without a side-car to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2G during the hours specified in column (3) in that item.
Exemptions for loading and unloading
6
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which is being loaded or unloaded to stop at the edge of the carriageway on a length of road specified in an item in column (2) of the tables in schedules 3A and 3B during the hours specified in column (3) in that item for as long as is needed to load or unload the vehicle or 20 minutes, whichever is the less, provided that not less than 20 minutes has elapsed since the vehicle was last parked on any part of the same length of road.
Exemptions for disabled persons
7
1
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item.
2
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2C during the hours specified in column (3) in that item.
3
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which displays a disabled person’s badge in the relevant position, and a parking disc on which is shown the time at which the period of parking began, to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item, for a period of up to 3 hours not being a period separated by an interval of less than 1 hour from a previous period when that vehicle was parked in that length of road.
Exemptions at bus stops and stands
8
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to which this article applies to stop at a bus stop (being an area of road bounded by a traffic sign which includes the words “bus stop”) for so long only as may be required to enable passengers to get on or off the vehicle or, in the case of a vehicle being used to provide a local service, for so long only as may be required for a change of crew.
2
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used to provide a local service to stop at a bus stand (being an area of road bounded by a traffic sign which includes the words “bus stand”) for so long as may be required for timetabling reasons.
3
This article applies–
a
before 1 January 1997 to
i
a public service vehicle used for the provision of a local service or a scheduled express service,
ii
a school bus, and
iii
a works bus; and
b
after 31 December 1996 to
i
a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver), and
ii
a local but not so constructed or adapted.
4
In this article “local bus”, “local service”, “scheduled express service”, “school bus” and “works bus” have the meanings given to those expressions in regulation 4 of the Traffic Signs Regulations and General Directions 1994 .
Other exemptions
9
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to stop if that person is–
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) and (2) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) and (2) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Power to modify or suspend this Order
10
If it appears to the Traffic Director for London, or some person authorised by him, essential in the interests of the expeditious, convenient and safe movement of traffic, or of the provision of suitable and adequate parking facilities on the highway, or for preserving or improving the amenities of the area through which any road affected by this Order runs, and after consulting with the Commissioner of Police of the Metropolis, he may modify or suspend any provision of this Order, save that no modification shall make an addition.
Suspensions of existing Orders
11
1
Subject to paragraph (2) of this article, the City of Westminster (Waiting and Loading Restriction) Order 1976 is hereby suspended, in so far as its provisions relate to any part of the trunk road red route.
2
The suspension specified in paragraph (1) of this article shall take effect in respect of any provision contained in the City of Westminster (Waiting and Loading Restriction) Order 1976 only from the time at which the traffic sign indicating the effect of that provision has been obliterated.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
21st October 1996


text:
Citation and commencement
1
1
These Regulations may be cited as the Education (School Inspection) (No. 2) (Amendment) (No. 2) Regulations 1996.
2
These Regulations shall come into force on 1st January 1997.
Amendment of the Education (School Inspection) (No. 2) Regulations 1993
2
The Education (School Inspection) (No. 2) Regulations 1993 shall be amended by the substitution of regulation 4 (intervals for inspection) by the following —
4
The Chief Inspector shall secure that every school is inspected by a registered inspector —
a
i
in the case of a secondary school, on or after 1st September 1993 but before 1st August 1997;
ii
in the case of a primary school, which was inspected by one or more of Her Majesty’s Inspectors of Schools in England between 1st September 1993 and 31st August 1994 inclusive under section 3 of the Education (Schools) Act 1992 and in respect of which the Chief Inspector has sent a report of the inspection to the appropriate authority, on or after 1st September 1994 but before 1st August 1999;
iii
in any other case, on or after 1st September 1994 but before 1st August 1998; and
b
thereafter, in each case, within four school years from the end of the school year in which the last inspection took place.
.
Signed by authority of the Secretary of State
Robin Squire
Parliamentary Under Secretary of State,
Department for Education and Employment
10th December 1996


text:
Citation and commencement
1
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No. 8) Regulations 1996 and shall come into force on 3rd January 1997.
Preliminary
2
The Road Vehicles (Construction and Use) Regulations 1986 shall be further amended in accordance with the following provisions of these Regulations.
Amendment to regulation 4 (application and exemptions)
3
In column 3 of item 4 in the Table in regulation 4, for “71 and 75 to 79” there shall be substituted “71, 75 to 79 and 93A”.
New regulation 93A (supplementary braking requirements for vehicles carrying dangerous goods)
4
After regulation 93 there shall be inserted the regulation set out in the Schedule to these Regulations.
Amendments to Table II of Schedule 2 ( ECE Regulations)
5
In Schedule 2, in Table II after item 4B there shall be inserted the following item —
4C 13.07 13 29.5.69 Brakes 18.9.94 — —
Signed by authority of the Secretary of State
John Bowis
Parliamentary Under Secretary of State,
Department of Transport
11th December 1996


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Occupational Pension Schemes (Internal Dispute Resolution Procedures) Regulations 1996 and shall come into force on 6th April 1997.
2
In these Regulations —
“the Act” means the Pensions Act 1995 ;
“scheme” means an occupational pension scheme within the meaning of section 1 of the Pension Schemes Act 1993 ; and
“prospective member” means any person who, under the terms of his contract of service or the scheme rules —
is able, at his own option, to become a member of the scheme,
will become so able if he continues in the same employment for a sufficiently long period,
will be admitted to it automatically unless he makes an election not to become a member, or
may be admitted to it subject to the consent of his employer.
Meaning of “prescribed persons” and “complainant of a prescribed description”
2
1
For the purposes of section 50(l) of the Act (requirement for schemes to make arrangements for the resolution of disagreements between prescribed persons) and of these Regulations, the prescribed persons are, on the one hand, the trustees or managers of the scheme and, on the other hand —
a
the active, deferred and pensioner members of the scheme;
b
a widow, widower or surviving dependant of a deceased member of the scheme;
c
prospective members of the scheme;
d
persons who ceased to be within any of the categories of persons referred to in sub-paragraphs (a) to (c) above within the six months immediately preceding the date of an application under regulation 4 of these Regulations; and
e
where there is a disagreement which relates to a question whether a person who claims to be such a person as is mentioned in sub-paragraphs (a) to (d) above is such a person, the person so claiming.
2
For the purposes of section 50(2) of the Act (resolution of a disagreement on the application of a complainant) and of these Regulations, a complainant of a prescribed description is a person referred to in paragraph (1)(a) to (e) above.
Representation
3
1
An application under arrangements required by section 50 of the Act may be made or continued on behalf of a complainant by a representative nominated by him.
2
Where a complainant dies or is a minor or is otherwise incapable of acting for himself, an application may be made or continued on his behalf —
a
in the case of his death, by his personal representative; and
b
in any other case, by a member of his family or some other person suitable to represent him.
Application for a decision
4
1
An application for a decision under arrangements required by section 50(2)(a) of the Act shall set out particulars of the disagreement in respect of which a decision is sought.
2
The particulars shall include —
a
where the complainant is a person described in either regulation 2(1)(a), (c) or (d) or a person claiming to be such under regulation 2(1)(e), the full name, address, date of birth and the national insurance number of the complainant;
b
where the complainant is a person described in regulation 2(1)(b), or a person claiming to be such under regulation 2(1)(e), the full name, address and date of birth of the complainant, his relationship to the scheme member and the full name, address, date of birth and national insurance number of the scheme member;
c
the full name and address of any representative acting on behalf of the complainant and whether such address is the address to be used for service on the complainant of any documents in connection with the disagreement;
d
a statement as to the nature of the disagreement with sufficient details to show why the complainant is aggrieved.
3
The application shall be signed by or on behalf of the complainant.
Notice of a decision
5
1
Subject to paragraph (3), a decision on the matters raised by an application under regulation 4 shall be issued to the complainant and, where applicable, his representative by notice in writing within two months from the date on which the particulars specified in regulation 4(2) were received.
2
The notice shall include —
a
a statement of the decision;
b
a reference to any legislation relied upon;
c
a reference to such parts of any scheme rules relied upon and, where a discretion has been exercised, a reference to such parts of the scheme rules by which such discretion is conferred; and
d
a reference to the complainant’s right to refer the disagreement for reconsideration by the trustees or managers of the scheme within the time limit described in regulation 6(1).
3
If, in any case, written notice of a decision under section 50(2)(a) of the Act is not issued within two months from the date on which particulars of the disagreement were received, an interim reply must immediately be sent to the complainant and, where applicable, his representative setting out the reasons for the delay and an expected date for issuing the decision.
Referral of disagreement to the trustees or managers
6
1
An application to the trustees or managers of a scheme to reconsider a disagreement in respect of which a decision referred to in regulation 5 has been made may be made within six months from the date of the notice of the decision and shall set out particulars of the grounds on which the application is made.
2
The particulars shall include —
a
the matters referred to in regulation 4(2)(a) to (c);
b
a copy of the notice of the decision made under section 50(2)(a) of the Act;
c
a statement of the reasons why the complainant is dissatisfied with the decision made under section 50(2)(a) of the Act; and
d
a statement that the complainant wishes the disagreement to be reconsidered by the trustees or managers of the scheme.
3
The application shall be signed by or on behalf of the complainant.
Notice of decision from trustees or managers
7
1
Subject to paragraph (3), the trustees or managers of a scheme shall issue to the complainant and, where applicable, his representative a notice in writing of their decision on the matters raised under regulation 6 within two months from the date on which the particulars specified in regulation 6(2) were received by them.
2
The notice shall include —
a
a statement of the decision and an explanation as to whether and, if so, to what extent that decision either confirms or replaces the decision made under section 50(2)(a) of the Act;
b
a reference to any legislation relied upon;
c
a reference to such parts of any scheme rules relied upon and, where a discretion has been exercised, a reference to such parts of the scheme rules by which such discretion is conferred;
d
a statement that OPAS (The Pensions Advisory Service) is available to assist members and beneficiaries of the scheme in connection with difficulties which they have failed to resolve with the trustees or managers of the scheme and the address at which it may be contacted; and
e
a statement that the Pensions Ombudsman appointed under section 145(2) of the Pension Schemes Act 1993 may investigate and determine any complaint or dispute of fact or law in relation to a scheme made or referred in accordance with that Act and the address at which he may be contacted.
3
If, in any case, written notice of a decision under section 50(2)(b) of the Act is not issued within two months from the date on which particulars of the disagreement were received under regulation 6, an interim reply must immediately be sent to the complainant and, where applicable, his representative setting out the reasons for the delay and an expected date for issuing the decision.
Exempted schemes
8
The requirements of section 50 of the Act shall not apply to the following schemes —
a
schemes in which all the members are trustees; and
b
schemes with no more than one member.
Exempted disagreements
9
The requirements of section 50 of the Act shall not apply to a disagreement if, in respect of that disagreement —
a
proceedings have been begun in any court or tribunal;
b
the Pensions Ombudsman has commenced an investigation into a complaint made or dispute referred to him; or
c
a notice of appeal has been issued by the complainant under regulation H2 of the Firemen’s Pension Scheme Order 1992 or regulation H2 of the Police Pensions Regulations 1987 .
Civil penalties
10
For the purpose of section 50(6) of the Act, the maximum amount of the penalty which may be imposed by the Occupational Pensions Regulatory Authority under section 10(2)(b) of the Act is —
a
£1,000 in the case of an individual, and
b
£10,000 in any other case.
Signed by authority of the Secretary of State for Social Security.
Oliver Heald
Parliamentary Under-Secretary of State,
Department of Social Security
10th May 1996


text:
1
1
This Order may be cited as the Returning Officers (Parliamentary Constituencies) (England) (Amendment) Order 1996 and shall come into force on 1st April 1996.
2
In this Order, “the 1995 Order ” means the Returning Officers (Parliamentary Constituencies) (England) Order 1995 .
2
After article 4 of the 1995 Order there shall be inserted the following article:
4A
In the case of a county constituency listed in the left-hand column of Schedule 2A to this Order (being a constituency which is not coterminous with or wholly contained in a county, as defined by section 38 of the Sheriffs Act 1887 ), the returning officer for a parliamentary election shall be the sheriff of the county (as so defined) listed in the right-hand column of that Schedule opposite to the name of the constituency.
.
3
In Schedule 1 to the 1995 Order (returning officers for certain borough constituencies outside Greater London), in the entry in the right-hand column opposite the name of the Kingswood constituency for “Kingswood” there shall be substituted “South Gloucestershire”.
4
After Schedule 2 to the 1995 Order, there shall be inserted the following Schedule:
SCHEDULE 2A
RETURNING OFFICERS FOR CERTAIN COUNTY CONSTITUENCIES
Article 4A
Name of county constituency County of which sheriff is returning officer
Brigg and Goole Lincolnshire Wansdyke Somerset
.
5
Schedule 3 to the 1995 Order (acting returning officers for county constituencies) shall be amended by substituting for the district named in the right-hand column of that Schedule opposite to the name of any county constituency which —
a
is listed in the left-hand column of that Schedule, and
b
is also listed in the left-hand column of the table below,
the district named in the right-hand column of that table opposite the name of the county constituency in question.
TABLE
Name of county constituency District for which registration officer is acting returning officer
Bath Bath and North East Somerset Beverley and Holderness East Riding of Yorkshire Brigg and Goole North Lincolnshire Cleethorpes North East Lincolnshire East Yorkshire East Riding of Yorkshire Haltemprice and Howden East Riding of Yorkshire Middlesbrough South and East Cleveland Redcar and Cleveland Northavon South Gloucestershire Scunthorpe North Lincolnshire Wansdyke Bath and North East Somerset Weston-Super-Mare North Somerset Woodspring North Somerset
Tom Sackville
Parliamentary Under-Secretary of State
Home Office
21st March 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Radioactivity in Sheep) Partial Revocation Order 1996 and shall come into force on 17th January 1996.
2
In this Order, “the principal Order ” means the Food Protection (Emergency Prohibitions) (Radioactivity in Sheep) Order 1991 .
Partial revocation
2
1
The principal Order is revoked so far as it designates any part of the areas set out in Schedule 1 to this Order.
2
Part II of Schedule 1 to the principal Order shall be amended in accordance with Schedule 2 to this Order.
M Foulis
Assistant Secretary, Scottish Office
Pentland House,
Edinburgh
10th January 1996


text:
Citation, commencement, interpretation and revocation
1
1
This Act of Sederunt may be cited as the Act of Sederunt (Mental Health Rules) 1996 and shall come into force on 9th September 1996.
2
This Act of Sederunt shall be inserted in the Books of Sederunt.
3
Words and expressions used in this Act of Sederunt which are also used in the Mental Health (Scotland) Act 1984 (referred to in this Act of Sederunt as “the Act of 1984”) shall, unless the context otherwise requires, have the same meaning as in that Act.
4
Where there is a reference to a form in this Act of Sederunt, that form so numbered in the Schedule to this Act of Sederunt, or a form substantially to the same effect, shall be used with such variation as circumstances may require.
5
The Act of Sederunt (Mental Health (Scotland) Act 1984) 1986 is hereby revoked.
Service of notice and appointment of hearing of applications
2
1
In an application to the sheriff under section 21 (hospital order), section 35A (community care order), or section 40 (guardianship order) of the Act of 1984 —
a
the sheriff shall appoint a hearing; and
b
the sheriff clerk shall serve on the person who is the subject of such proceedings a copy of the application (with the exception of any medical recommendations) and a notice in Form 1.
2
The sheriff may appoint that the hearing of such an application shall take place in a hospital or other place, where he considers this to be appropriate in all the circumstances.
3
Where the nearest relative of the person who is the subject of such an application lodges with the sheriff clerk an objection to such application, the sheriff clerk shall intimate to that nearest relative the date appointed under paragraph (1)(a) above.
4
Intimation shall be given by the sheriff clerk of the date appointed under paragraph (1)(a) above to such other persons as the sheriff may direct.
Methods of service
3
1
Where the person who is the subject of the application to which paragraph (1) of rule 2(1) above applies is not already a patient in a hospital, the notice and copy application referred to in sub-paragraph (b) of that paragraph shall be served on him personally by a sheriff officer.
2
Where the person who is the subject of such an application is a patient in a hospital, the notice and copy application referred to in rule 2(1)(b) above shall be served —
a
by post by the first class recorded delivery service by the sheriff clerk,
or
b
personally by a sheriff officer,
on his responsible medical officer and shall be accompanied by a further notice in Form 2 addressed to the responsible medical officer.
3
Where the person who is the subject of an application under section 21 of the Act of 1984 (hospital order) is also the subject of a guardianship order, the notice and copy application referred to in rule 2(1)(b) above (including any medical recommendations) shall, in addition to any other requirement for service required by this rule, be served on the guardian —
a
by post by the first class recorded delivery service by the sheriff clerk,
or
b
personally by a sheriff officer.
Duties of medical officers
4
1
On receipt by him of a notice under rule 3(2) above (service on responsible medical officer), the responsible medical officer shall, subject to rule 5(1) (service prejudicial to patient) below —
a
deliver the notice and copy application referred to in rule 2(1)(b) above to the patient;
and
b
as soon as practicable thereafter, complete and return to the court a certificate of such delivery in Form 3.
2
Where, in the opinion of the medical officer mentioned below, it would be prejudicial to the patient’s health or treatment if the patient were to be present during the proceedings —
a
in an application to which rule 3(2) above applies, the responsible medical officer shall set forth his reasons for his opinion in the certificate to be completed by him in terms of paragraph (1)(b) of this rule; and
b
in any other case, the responsible medical officer or the special medical officer, as the case may be, shall set forth his reasons for his opinion in writing and send them to the sheriff clerk.
Appointment of curator ad litem
5
1
Where, in an application to which rule 2(1) above applies, two medical certificates are produced stating that it would be prejudicial to the health or treatment of the person who is the subject of the application if personal service were effected on him by virtue of paragraph (1) of rule 3 (methods of service) or rule 4 (duties of medical officers) above, the sheriff —
a
may dispense with such service; and
b
if he does so, shall appoint a curator ad litem to receive the application and represent the interests of that person.
2
Where, in an application to which rule 2(1) above applies, the sheriff is satisfied that —
a
the person who is the subject of the application should be excluded from the whole or any part of the proceedings under section 113(2) of the Act of 1984, or
b
in any other case, it is in all the circumstances appropriate for him to do so,
he may appoint a curator ad litem to represent the interests of the person who is the subject of the application.
3
Service of an application on a curator ad litem shall be effected by the sheriff clerk handing, or sending by post by the first class recorded delivery service, to him a copy of the application (including any medical recommendations) and of the order appointing him.
Appointment of solicitor by court
6
Where, in an application to which rule 2(1) above applies, the person who is the subject of the application has indicated that he wishes to be represented at the hearing but has not nominated a representative, the sheriff may appoint a solicitor to take instructions from that person.
Intimation to representatives
7
Where, in an application to which rule 2(1) above applies, the sheriff clerk becomes aware that —
a
the person who is the subject of the application is represented by any person, and
b
that representative would not otherwise receive intimation of any diet,
a copy of the notice served on the person who is the subject of the application shall be intimated to the representative by the sheriff clerk by post by the first class recorded delivery service.
Service by sheriff officer
8
1
Where a copy of an application and any notice has been served personally by a sheriff officer under this Act of Sederunt, he shall prepare and return to the court an execution of such service setting forth in detail the manner and circumstances of such service.
2
Where a sheriff officer has been unable to effect personal service under this Act of Sederunt, he shall report to the court the reason why such service was not effected.
Variation of conditions of a community care order
9
— Where, after consulting the persons referred to in subsections (1) and (2) of section 35D (variation of conditions in community care order) of the Act of 1984, an application is made by the special medical officer for the variation of a community care order under that section, the special medical officer shall —
a
complete Form 22 in Schedule 2 to the Mental Health (Prescribed Forms) (Scotland) Regulations 1996 ; and
b
lodge that form with the sheriff clerk, together with the community care order to which that application for variation relates or a certified copy of it.
Hearing
10
1
Any hearing to determine any application under rule 9 above shall take place within 28 days after receipt by the sheriff clerk of Form 22 and the community care order referred to in that rule.
2
Intimation of the date of the hearing referred to in paragraph (1) above shall be given by the sheriff clerk by post by the first class recorded delivery service to such persons as the sheriff may direct; and any intimation of such date to the patient shall be made personally by sheriff officer.
Appeal against a community care order
11
An application by way of appeal for the revocation of a community care order under section 35F of the Act of 1984 shall be in Form 4.
Hope of Craighead
Lord President, I.P.D.
Edinburgh
13th August 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Gwent Community Health 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 Gwent Health Authority;
“the Trust” means the Gwent Community Health National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 15th January 1996, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 1st April 1996 the trust property shall be transferred from the Authority to the Trust.
William Hague
Secretary of State for Wales
5th March 1996


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Jobseeker’s Allowance and Payments on Account) (Miscellaneous Amendments) Regulations 1996 and shall come into force on 7th October 1996, immediately following the coming into force of the Jobseeker’s Allowance (Transitional Provisions) (Amendment) Regulations 1996 and the Social Security and Child Support (Jobseeker’s Allowance) (Consequential Amendments) Regulations 1996 .
Amendment of the Jobseeker’s Allowance (Transitional Provisions) Regulations 1995
2
1
The Jobseeker’s Allowance (Transitional Provisions) Regulations 1995 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 2 (jobseeking period) after paragraph (2) the following paragraph shall be inserted —
2A
Any period in which a claimant is entitled to a jobseeker’s allowance in accordance with regulation 11(3) shall, for the purposes of paragraph (1), be treated as a period in which he satisfies the conditions specified in paragraphs (a) to (c) and (e) to (i) of subsection (2) of section 1.
.
3
In regulation 3 (linking periods), in paragraph (2) after sub-paragraph (e) the following sub-paragraph shall be added —
f
a period which includes 6th October 1996 during which the claimant attends court in response to a summons for jury service and which was immediately preceded by a period of entitlement to unemployment benefit.
.
4
After regulation 5 (transition from unemployment benefit to a jobseeker’s allowance) the following regulation shall be inserted —
Transition from unemployment benefit to a jobseeker’s allowance: further provisions
5A
1
A person who has an award of unemployment benefit, or unemployment benefit and income support, for the benefit week that includes 7th October 1996, but to whom unemployment benefit is not payable in respect of the relevant day shall —
a
be treated as having an award of a jobseeker’s allowance from the first day of the benefit week after the benefit week that includes the relevant day until such date as he fails to satisfy, or ceases to be treated as satisfying, any condition of entitlement to a jobseeker’s allowance that applies in his case; and
b
be treated as satisfying the requirements of section 1(2)(b) (jobseeker’s agreement) until the day he actually enters into a jobseeker’s agreement in accordance with section 9(1) or until, in a case where a proposed jobseeker’s agreement is referred to an adjudication officer for him to determine, the day the adjudication officer gives a direction in accordance with section 9(7).
2
Paragraph (1) shall not apply to a person if the sole reason unemployment benefit is not payable to him in respect of the relevant day is that he was disqualified for receiving unemployment benefit in accordance with section 28 of the Benefits Act.
3
A person who, in respect of his claim for unemployment benefit, or unemployment benefit and income support, has restricted the hours he is available for work to 40 hours or more a week, shall be treated as having recorded his pattern of availability in the jobseeker’s agreement he is treated as having entered into under paragraph (1)(b).
.
5
In regulation 7 (claims for entitlement to a jobseeker’s allowance) —
a
after paragraph (2) the following paragraph shall be inserted —
2A
A person who, in respect of his claim for income support or unemployment benefit, or income support and unemployment benefit, has restricted the hours he is available for work to 40 hours or more a week shall be treated as having recorded his pattern of availability in the jobseeker’s agreement he is treated as having entered into under paragraph (2).
; and
b
after paragraph (5) the following paragraph shall be inserted —
5A
Where a person to whom paragraph (5) applies had been entitled to an increase in his unemployment benefit in respect of an adult dependant and that increase was payable to him immediately preceding the day on which he was required to serve as a juror or the day training began, he shall be treated for the purposes of these Regulations as if that increase was payable to him in respect of the relevant day.
.
6
In regulation 8 (further provisions applying to a continuing entitlement to a jobseeker’s allowance), after paragraph (5) the following paragraph shall be added —
6
Paragraphs (4) and (5) shall apply to a claimant to whom a jobseeker’s allowance is awarded other than in accordance with regulation 5 or 6 where —
a
the first day of that award forms part of a jobseeking period which is separated by not more than 12 weeks from a period of interruption of employment; or
b
the tax years which in accordance with section 2 are to be satisfied for entitlement to a contribution-based jobseeker’s allowance to arise are the same tax years as those by reference to which entitlement to unemployment benefit arose on a claim made by the claimant in respect of a day before 7th October 1996.
.
7
In regulation 9 (transitionally protected period) —
a
in paragraph (4) —
i
after sub-paragraph (b) the following sub-paragraph shall be added —
; and
unemployment benefit was payable in respect of the relevant day and the benefit included an increase for an adult dependant,
;
ii
for the words “an amount equal to any dependency increase payable with his unemployment benefit in respect of the benefit week which includes the relevant day” there shall be substituted the words “that dependency increase” and at the end there shall be added the words “and the provisions of Part III of the Social Security Benefit (Dependency) Regulations 1977 and Part III of the Social Security (Hospital In-Patients) Regulations 1975 as they apply to unemployment benefit as in force on 6th October 1996 shall apply to it.”;
b
in paragraph (7), after the words “relevant day” there shall be inserted the words “or which would have been payable in that week but for any adjustments made in that week,”.
8
In regulation 11 (earnings during the transitionally protected period), after paragraph (4) the following paragraph shall be added —
5
Where a person has one or more days in a week on which he fails to satisfy the conditions specified in paragraph (2) and in consequence of which a jobseeker’s allowance is not payable, those days shall not be treated as days of entitlement to a contribution-based jobseeker’s allowance for the purposes of section 5(1).
.
9
In regulation 16 (questions not immediately ascertainable), in paragraph (1) at the beginning there shall be inserted the words “During the transitionally protected period”.
Amendment of the Social Security (Payments on account, Overpayments and Recovery) Regulations 1988
3
1
The Social Security (Payments on account, Overpayments and Recovery) Regulations 1988 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 14 (quarterly diminution of capital), in paragraph (3) in the definition of “overpayment period” after the words “income support” there shall be inserted the words “or an income-based jobseeker’s allowance,”.
3
In regulation 15 (recovery by deduction from prescribed benefits), in paragraph (2) in sub-paragraph (d) for the words “or income-based jobseeker’s allowance” there shall be substituted the words “or a jobseeker’s allowance”.
4
In regulation 16 (limitations on deductions from prescribed benefits) —
a
in paragraph (4), for the words “income support or income-based jobseeker’s allowance” there shall be substituted the word “benefit”;
b
after paragraph (4) the following paragraph shall be inserted —
4A
Paragraph (4) shall apply to the following benefits —
a
income support;
b
an income-based jobseeker’s allowance;
c
where, if there was no entitlement to a contribution-based jobseeker’s allowance, there would be entitlement to an income-based jobseeker’s allowance at the same rate, a contribution-based jobseeker’s allowance.
;
c
after paragraph (5) the following paragraphs shall be inserted —
5A
Regulation 15 shall apply to an amount of a contribution-based jobseeker’s allowance, other than a contribution-based jobseeker’s allowance to which paragraph (4) applies in accordance with paragraph (4A)(c), to which a person is presently entitled only to the extent that there may, subject to paragraphs 8 and 9 of Schedule 9 to the Claims and Payments Regulations be recovered in respect of any one benefit week a sum equal to one third of the age-related amount applicable to the claimant under section 4(1)(a) of the Jobseekers Act 1995 .
5B
For the purposes at paragraph (5A) where the sum that would otherwise fall to be deducted includes a fraction of a penny, the sum to be deducted shall be rounded down to the nearest whole penny.
;
d
in paragraph (8) in the definition of “specified benefit” —
i
in head (a) where it appears for the second time the word “benefit” shall be omitted, and after the words “instrument of payment,” where they appear for the first time there shall be inserted the words “a jobseeker’s allowance, or”; and
ii
in head (b) —
aa
after the words “benefit payment,” there shall be inserted the words “a jobseeker’s allowance”;
bb
where it appears for the third time the word “benefit” shall be omitted; and
cc
at the end the words “or income-based jobseeker’s allowance” shall be omitted.
Signed by authority of the Secretary of State for Social Security.
Roger Evans
Parliamentary Under-Secretary of State,
Department of Social Security
2nd October 1996


text:
Citation and Commencement
1
These Regulations may be cited as The City of Bristol College (Government) Regulations 1996 and shall come into force on 1st August 1996.
Application
2
It is hereby prescribed that the instrument of government and articles of government of the further education corporation to be established under the name of “City of Bristol College” shall be as set out in Schedules 1 and 2 to these Regulations respectively.


text:
Citation and commencement
1
This Order may be cited as the Louth and District Healthcare National Health Service Trust Dissolution Order 1996 and shall come into force on 1st April 1996.
Dissolution of NHS trust
2
The Louth and District Healthcare National Health Service Trust established by the Louth and District Healthcare National Health Service Trust (Establishment) Order 1993 is hereby dissolved, and accordingly that Order is hereby revoked.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State
Department of Health
18th March 1996


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Statutory Maternity Pay (General) Amendment Regulations 1996 and shall come into force on 12th June 1996.
2
In these Regulations “the principal Regulations ” means the Statutory Maternity Pay (General) Regulations 1986 .
Amendment of regulation 21 of the principal Regulations
2
In regulation 21 (normal weekly earnings) after paragraph (6) there shall be inserted the following paragraph —
7
In any case where a woman receives a back-dated pay increase which includes a sum in respect of a relevant period, normal weekly earnings shall be calculated as if such a sum was paid in that relevant period even though received after that period..
Insertion of regulation 21B into the prinicipal Regulations
3
After regulation 21A (effect of statutory maternity pay on incapacity benefit) there shall be inserted the following regulation —
Effect of maternity allowance on statutory maternity pay
21B
Where a woman, in any week which falls within the maternity pay period, is —
a
in receipt of maternity allowance pursuant to the provisions of section 35(1A) of the Contributions and Benefits Act; and
b
entitled to receive statutory maternity pay in consequence of receiving a back-dated pay increase which includes a sum in respect of the relevant period;
the employer shall only be liable to make payments of statutory maternity pay in respect of such week of an amount equal to the amount (if any) by which the rate of statutory maternity pay exceeds the rate of maternity allowance received by her in that week..
Signed by authority of the Secretary of State for Social Security.
Oliver Heald
Parliamentary Under-Secretary of State,
Department of Social Security
16th May 1996


text:
Citation and interpretation
1
1
This Order may be cited as the Child Support Act 1995 (Commencement No. 3) Order 1996.
2
In this Order, unless the context otherwise requires, references to sections, Schedules and paragraphs of a Schedule are references to sections of, Schedules to, and paragraphs of a Schedule to the Child Support Act 1995.
Appointed days
2
1
The day appointed for the coming into force of the provisions specified in Part I of the Schedule to this Order is 14th October 1996.
2
The day appointed for the coming into force of the provisions specified in Part II of the Schedule to this Order is 2nd December 1996.
Signed by authority of the Secretary of State for Social Security.
A. J. B. Mitchell
Parliamentary Under Secretary of State,
Department of Social Security
14th October 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Bridgend and District National Health Service Trust (Transfer of Trust Property) Order 1996 and shall come into force on 1st October 1996.
2
In this Order —
“the Authority” means Bro Taf Health Authority;
“the Trust” means Bridgend and District 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 17th June 1996, which schedule has been signed on behalf of the Authority and the Trust.
Transfer of trust property
2
On 1st October 1996 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State,
Welsh Office
23rd August 1996


text:
1
This Order may be cited as the Double Taxation Relief (Taxes on Income) (China) Order 1996.
2
It is hereby declared —
a
that the arrangements specified in the Protocol set out in the Schedule to this Order, which vary the arrangements set out in the Schedule to the Double Taxation Relief (Taxes on Income) (China) Order 1984 , have been made with the Government of the People’s Republic of China 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 China; and
b
that it is expedient that those arrangements should have effect.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation
1
This Order may be cited as the Jobseekers Act 1995 (Commencement No. 3) Order 1996.
Appointed day
2
The day appointed for the coming into force of the provisions of Schedule 2 to the Jobseekers Act 1995 specified in the Schedule to this Order, and section 41(4) of that Act in so far as it relates to those provisions, is 11th June 1996.
Signed by authority of the Secretary of State for Social Security.
Roger Evans
Parliamentary Under-Secretary of State,
Department of Social Security
10th June 1996


text:
Citation and commencement
1
1
This Order may be cited as the Housing Act 1996 (Consequential Provisions) Order 1996.
2
This Order comes into force on 1st October 1996.
Interpretation
2
In this Order —
“subordinate legislation” has the meaning given in the Interpretation Act 1978 ;
“the 1985 Act ” means the Housing Associations Act 1985 ; and
“the 1996 Act ” means the Housing Act 1996.
Continuity of the law
3
1
A reference (express or implied) in Part I of the 1996 Act or any other enactment, instrument or document to any provision of that Part shall, so far as the context permits, be construed as including, in relation to times, circumstances and purposes before the commencement of that provision, a reference to the corresponding provision of the 1985 Act or any corresponding earlier enactment.
2
Without prejudice to the generality of paragraph (1), a reference (express or implied) in Part I of the 1996 Act or any other enactment, instrument or document to registration as a social landlord shall, so far as the context permits, be construed as including, in relation to times, circumstances and purposes before the commencement of section 1 of the 1996 Act, a reference to registration under Part I of the 1985 Act or any corresponding earlier enactment.
3
Anything done (including subordinate legislation made), or having effect as done, under a provision of the 1985 Act repealed and re-enacted, with or without modifications, by or under Part I of the 1996 Act has effect as if done under the corresponding provision made by or under Part I of the 1996 Act.
4
A reference (express or implied) in an enactment, instrument or other document to a provision of the 1985 Act repealed and re-enacted, with or without modifications, by or under Part I of the 1996 Act shall be construed, so far as is required for continuing its effect and subject to any express amendment by or under that Part, as being, or as the case may require including, a reference to the corresponding provision made by or under that Part.
5
Without prejudice to the generality of paragraph (4), a reference (express or implied) in an enactment, instrument or other document to registration as a housing association shall, so far as the context permits, other than in relation to times, circumstances and purposes before the commencement of section 1 of the 1996 Act, be construed as being, or as the case may require including, a reference to registration as a social landlord.
6
This article is subject to any transitional provisions or savings made by or under the 1996 Act.
Repeals
4
1
Subject to paragraphs (2) to (4), the enactments specified in Schedule 1 are repealed to the extent specified.
2
The repeal by this Order of an enactment which amends an enactment which is repealed by or under the 1996 Act subject to savings does not affect the operation of those savings.
3
The repeal of definitions or references to definitions in the 1985 Act does not affect their continued application in relation to enactments repealed subject to savings (whether previously or by or under Part I of the 1996 Act).
4
The repeal of the definition of “housing activities” in the 1985 Act does not affect its continued application in relation to sections 50 to 55 of the Housing Act 1988 .
Consequential amendments
5
1
Subject to paragraph (2), the enactments specified in Schedule 2 have effect with the amendments specified.
2
The amendment in paragraph 18(8)(b) of Schedule 2 does not apply in relation to periods ending on or before 30th September 1996.
Extent
6
1
The provisions of this Order, other than Parts II and III of Schedule 1 and paragraphs 15(3) to (9), (11) to (18), (24)(a) and (35) and 18(9)(a) of Schedule 2, extend to England and Wales.
2
The following provisions of this Order extend to Scotland —
articles 1 to 6,
Part II of Schedule 1, and
paragraphs 2, 4, 10, 12, 15(1) to (19), (21), (24), (35) and (36), 18(1) and (9)(a) and 20 of Schedule 2.
3
The following provisions of this Order extend to Northern Ireland —
articles 1 to 6,
Part III of Schedule 1, and
paragraphs 2, 12 and 20 of Schedule 2.
Signed by authority of the Secretary of State
Paul Beresford
Parliamentary Under Secretary of State,
Department of the Environment
9th September 1996


text:
Citation and commencement
1
This Order may be cited as the Educational Endowments (Tayside 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