text:
Commencement and citation
1
These Regulations may be cited as the Motor Vehicles (Type Approval and Approval Marks) (Fees) Regulations 1996 and shall come into force on 22nd April 1996.
Revocation
2
The Motor Vehicles (Type Approval and Approval Marks) (Fees) Regulations 1995 are hereby revoked.
Interpretation
3
1
Unless the context otherwise requires, any reference in these Regulations to–
a
a numbered regulation or Schedule is a reference to the regulation of or Schedule to these Regulations bearing that number;
b
a numbered paragraph is a reference to the paragraph bearing that number in the regulation or Schedule in which that number appears; and
c
a numbered section is a reference to the section bearing that number in the Road Traffic Act 1988.
2
In these Regulations, except where the context otherwise requires–
“applicant” means an applicant for the issue of a type approval certificate or authorisation for a vehicle or vehicle part for the purpose of a Community instrument or ECE Regulation , an applicant for the issue of a type approval certificate or Minister’s approval certificate for a vehicle or a vehicle part for the purpose of the national type approval scheme, or an applicant for the issue of a sound level measurement certificate;
“approval mark” means a marking designated by the Motor Vehicles (Designation of Approval Marks) Regulations 1979 ;
“approval requirements” means–
the requirements for examination and approval as regards the type approval requirements specified in–
a Community instrument;
Schedule 1 to the Great Britain Regulations ;
Schedule 1 to the Great Britain Regulations for Goods Vehicles ; and
an ECE Regulation; or
the requirements for examination and marking authorisation relating to an approval mark;
“authorisation” means an authorisation in writing given by the Secretary of State for the application of an approval mark to a vehicle or a vehicle part;
“Community instrument” means an instrument issued by a Community institution which is referred to in Parts II and III of schedule 6;
“ECE Regulation” means a Regulation annexed to the Agreement concerning the adoption of uniform conditions of approval for motor vehicle equipment and parts and reciprocal recognition thereof concluded at Geneva on 20th March 1958 as amended to which the United Kingdom is a party , and referred to in Part IV of schedule 6;
“ European Regulations ” means the Motor Vehicles ( EC Type Approval) Regulations 1992 ;
“examination” means any examination or test, or series of examinations or tests carried out on a vehicle or vehicle part to ascertain that in respect of that vehicle or vehicle part approval requirements have been satisfied;
“ Framework Directive ” means Council Directive 70/156/ EEC as amended by Council Directives 87/403/EEC and 92/53/EEC and Commission Directive 93/81/EEC ;
“Great Britain Regulations” means the Motor Vehicles (Type Approval) (Great Britain) Regulations 1984 ; “Great Britain Regulations for Goods Vehicles” means the Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) Regulations 1982 ;
“Government or approved premises” means premises established or approved by the Secretary of State for the examination of vehicles or vehicle parts for the purposes of the national type approval scheme, or for the purposes of a Community instrument or ECE Regulation;
“low volume type approval vehicle” has the same meaning as in the Great Britain Regulations;
“national type approval scheme” means the scheme for the type approval of vehicles or vehicle parts provided for in the Great Britain Regulations and the Great Britain Regulations for Goods Vehicles;
“sound level measurement certificate” has the same meaning as in the Motorcycles (Sound Level Measurement Certificates) Regulations 1980 ;
“type approval certificate”, “Minister’s approval certificate”, and “authorisation” include a modified or duplicate type approval certificate, Minister’s approval certificate, or authorisation as the case may be;
3
A reference in these Regulations to a vehicle in category L1, L2, L3, L4 or L5 is a reference to a vehicle described respectively as L1, L2, L3, L4 or L5 in ECE Regulation 13 of 29th May 1969 with the amendments in force on 1st April 1987.
4
A reference in these Regulations to a vehicle in category M1, M2, M3, N1, N2, N3, O1 or O2 is a reference to a vehicle described respectively as M1, M2, M3, N1, N2, N3, O1 or O2 in the Framework Directive.
Fees — basic scale for examinations of vehicles or parts of vehicles
4
1
In this regulation any reference to a numbered column is a reference to the column bearing that number in Part II of Schedule 1.
2
Subject to the subsequent provisions of these Regulations, the fee prescribed as regards the approval requirements specified in column 2 in relation to a fee number in column 1 is the fee specified in relation to that fee number in column 4.
3
Part I of Schedule 1 contains an index to Part II of that Schedule.
4
Where, in relation to an approval requirement specified in column 2, more than one type of examination or more than one type of vehicle or vehicle part is specified in column 3 in connection with that approval requirement, the fee prescribed as regards that approval requirement is that specified in column 4 opposite the examination, vehicle or vehicle part in question.
5
The fees specified in column 4(a) are hereby prescribed in a case where the examination is to be carried out on Government or approved premises by an officer of the Department of Transport or a person appointed by the Secretary of State to act on his behalf.
6
The fees specified in column 4(b) are hereby prescribed in a case where the examination is to be carried out at other premises under the supervision of an officer of the Department of Transport or a person appointed by the Secretary of State to act on his behalf.
7
Schedule 6 interprets–
a
certain expressions relating to Community instruments and ECE Regulations , and
b
certain abbreviations
used in Schedule 1.
8
Schedule 6 also gives details of Community instruments and ECE Regulations used in Schedule 1.
Fees — consecutive examinations
5
1
Subject to regulations 19 and 20, where more than one vehicle or vehicle part of the same type but embodying minor variations is submitted by an applicant with a view to carrying out the relevant examinations consecutively on each item, and the case is one where all the examinations can be carried out without setting up the examination apparatus again, the fee to be paid for the carrying out of each examination after the first one is such proportion of the fee prescribed in regulation 4 as the Secretary of State considers to be appropriate in view of the work involved in carrying out such examination.
2
In this regulation a relevant examination is an examination in relation to an approval requirement specified in Part II of Schedule 1.
Fees — partial examinations
6
1
Where a certificate to which this paragraph applies has been issued in relation to a vehicle or vehicle part and in consequence of an alteration in any design specification, either–
a
a further relevant examination of any vehicle or any vehicle part is needed with a view to the issue of a further certificate but the alteration is not so extensive as to require that the further examination shall be as complete and exhaustive as the original examination; or
b
an applicant requires a further certificate but the alteration is not so extensive as to require a further relevant examination of any vehicle or any vehicle part and can be carried out on an inspection of data supplied by the applicant,
the fee for such an examination or inspection is such proportion of the relevant fee prescribed in regulation 4 as the Secretary of State considers to be appropriate in view of the nature and extent of the examination or inspection.
2
Paragraph (1) applies to–
a
a sound level measurement certificate; or
b
a type approval certificate, or an authorisation, in relation to–
i
a Community instrument; or
ii
an ECE Regulation; or
c
a type approval certificate, or a Minister’s approval certificate, in relation to the national type approval scheme.
3
Where, in the case of an examination or inspection as is mentioned in regulation 4 or 5 or in paragraph (1)–
a
it has been found impossible to complete the examination or inspection satisfactorily; or
b
the vehicle or vehicle part supplied for the examination does not satisfy completely the requirements of the examination,
and a further, but partial, examination of the vehicle or vehicle part is required, the fee to be paid for such further examination is such proportion of the fee prescribed in regulation 4 as the Secretary of State considers to be appropriate in view of the nature and extent of the further, but partial, examination.
4
Where more than one vehicle or vehicle part of the same type but embodying minor variations is submitted by an applicant and it is unnecessary to submit each individual vehicle or vehicle part to a complete relevant examination, the fee to be paid for the carrying out of the partial examination on a particular vehicle or vehicle part is such proportion of the fee prescribed in regulation 4 as the Secretary of State considers to be appropriate in view of the nature and extent of the partial examination.
5
In this regulation a relevant examination is an examination in relation to an approval requirement specified in Part II of Schedule 1.
6
This regulation is subject to regulations 19 and 20.
Fees — examination of a complete vehicle under the national type approval scheme
7
1
Subject to paragraph (5), the fee for the examination of a vehicle to which the Great Britain Regulations apply with a view to the issue in respect of that vehicle of a document specified in column 1 of Part I of Schedule 2 where, before the examination takes place, type approval procedures have been carried out (whether in Great Britain or elsewhere) to ascertain that in respect of that vehicle all the approval requirements which–
a
are referred to in Schedule 1 to those Regulations;
b
relate to particular parts or aspects of a vehicle; and
c
are applicable to the vehicle,
have been satisfied, is the amount specified in column 3 of Part I of Schedule 2.
2
The fee for the examination of a vehicle to which the Great Britain Regulations for Goods Vehicles apply with a view to the issue in respect of that vehicle of a document specified in column 1 of Schedule 3 where, before the examination takes place, type approval procedures have been carried out (whether in Great Britain or elsewhere) to ascertain that in respect of that vehicle all the approval requirements which–
a
are referred to in Schedule 1 to those Regulations;
b
relate to particular parts or aspects of a vehicle; and
c
are applicable to the vehicle,
have been satisfied, is the amount specified in paragraph (3).
3
The amount referred to in paragraph (2) is the amount shown in–
a
column 2(a) of Schedule 3 if the vehicle is in category L2, L5 or N1;
b
column 2(b) of Schedule 3 if the vehicle is in category N2; and
c
column 2(c) of Schedule 3 if the vehicle is in category N3.
4
Where in the case of an examination of a complete vehicle mentioned in paragraphs (1) or (2) above–
a
it has been found impossible to complete that examination satisfactorily; or
b
the vehicle has been found not to comply in all aspects with the relevant approval requirements; or
c
the vehicle is one which has been assembled in more than one stage by more than one manufacturer, and a type approval certificate has been issued to a manufacturer other than the applicant; or
d
a type approval certificate or Minister’s approval certificate has previously been issued in respect of the model of the vehicle but the vehicle incorporates certain changes in detail not covered by the certificate,
and a further, but partial, examination of the vehicle is required before the documentation can properly be issued in respect of it, the fee for that partial examination shall be such proportion of the relevant sum specified in Part I of Schedule 2 or, as the case may be, Schedule 3 as the Secretary of State considers to be appropriate in view of the nature and extent of that partial examination.
5
Where a person applies for the issue of a Minister’s approval certificate in respect of a vehicle on the basis that it is a low volume type approval vehicle within the meaning of the Great Britain Regulations, paragraph (1) shall have effect as if the references to Part I of Schedule 2 were references to Part II of that Schedule.
6
If in circumstances where paragraph (5) applies–
a
some or all of the procedures referred to in paragraph (1) have been carried out on behalf of the Secretary of State; and
b
as a result, the work involved in carrying out the examination is less than otherwise would have been the case,
the fee for the examination shall be such proportion of the relevant sum specified in Part II of Schedule 2 as the Secretary of State considers to be appropriate in view of the nature and extent of the examination.
7
This regulation is subject to regulations 19 and 20.
Fees — examination of a vehicle with a view to the issue of an EC vehicle type approval certificate
8
1
In this regulation and in Part III of Schedule 2, “EC vehicle type approval certificate” means a type approval certificate issued under regulation 3(5) of the European Regulations in relation to a complete, incomplete or completed vehicle (being expressions used in the Framework Directive).
2
Expressions used in this regulation or in Part III of Schedule 2 which are also used in the Framework Directive shall have the same meaning as in that Directive and cognate expressions shall be construed accordingly.
3
Subject to paragraphs (6) and (7), the fees for–
a
the examination of a vehicle; and
b
administrative work (other than the issue of the EC vehicle type approval certificate), with a view to the issue of an EC vehicle type approval certificate on the basis that all necessary approvals have previously been obtained shall be the amounts determined in accordance with paragraphs (4) and (5).
4
Where the application is for the issue of an EC vehicle type approval certificate in relation to a complete vehicle, the amounts payable shall be the amounts specified in Part III of Schedule 2.
5
Where–
a
the application is for an EC vehicle type approval certificate in relation to an incomplete vehicle or a completed vehicle; and
b
the examination is not as complete and exhaustive as would otherwise be required,
the fees shall be such proportion of the relevant sums specified in Part III of Schedule 2 as the Secretary of State considers to be appropriate in view of the nature and extent of the work involved.
6
Where in the case of an examination of a vehicle with a view to the issue of an EC vehicle type approval certificate–
a
it has been found impossible to complete the examination satisfactorily; or
b
the vehicle has been found not to comply in all aspects with the relevant approval requirements; or
c
an EC vehicle type approval certificate has previously been issued in respect of a vehicle of that type but the vehicle incorporates changes in detail not covered by the certificate,
and a further, but partial, examination of the vehicle is required before the EC vehicle type approval certificate can properly be issued in respect of it, the fee for that partial examination shall be such proportion of the relevant sums specified in Part III of Schedule 2 as the Secretary of State considers to be appropriate in view of the nature and extent of that partial examination.
7
Where, in relation to an application for an EC vehicle type approval certificate, more than one vehicle is examined the fee in respect of the vehicle that undergoes the most extensive examination shall be determined in accordance with the foregoing provisions of this regulation and the fee in respect of each of the other vehicles shall be such proportion of that fee as the Secretary of State considers to be appropriate in view of the nature and extent of the examination carried out on that other vehicle.
8
This regulation is subject to regulations 19 and 20.
Fees — avoidance of duplication
9
Where the examination of a vehicle or vehicle part for the purposes of a Community instrument or ECE Regulation is carried out at the same time as the examination of that vehicle or vehicle part for the purposes of the national type approval scheme, then in so far as one and the same operation or series of operations serves for both examinations, the fee payable under these Regulations shall be the fee for only one examination.
Fees — issue of documents
10
1
The fee for the issue of a document of a type specified in column 1 of Schedule 4 (being a document relating to a vehicle part) is the fee of the amount specified in relation thereto in column 3 of Schedule 4.
2
The fee for the issue of a document of a type specified in column 1 of Part I of Schedule 5 (being a document relating to a vehicle to which the Great Britain Regulations apply) is the amount specified in relation thereto in column 3 of Part I of Schedule 5.
3
The fee for the issue of a document of a type specified in column 1 of Part II of Schedule 5 (being a document relating to a vehicle to which the Great Britain Regulations for Goods Vehicles apply) is the amount specified in relation thereto in column 3 of Part II of Schedule 5.
4
The fee for the issue of a document of a type specified in column 1 of Part III of Schedule 5 (being a document relating to a vehicle to which the European Regulations apply) is the amount specified in relation thereto in column 3 of Part III of Schedule 5.
5
The fee for the issue of a sound level measurement certificate is £46.
6
Where–
a
a person applies for the issue of a Minister’s approval certificate in respect of a vehicle on the basis that it is a low volume type approval vehicle within the meaning of the Great Britain Regulations;
b
some or all of the procedures referred to in regulation 7(1) have been carried out on behalf of the Secretary of State; and
c
as a result, the administrative work involved in relation to the application is less than would otherwise have been the case,
the fee for the issue of the Minister’s approval certificate shall be such proportion of the relevant sum specified in Part I of Schedule 5 as the Secretary of State considers to be appropriate in view of the nature and extent of the administrative work carried out in relation to the application.
7
This regulation is subject to regulations 19 and 20.
Additional fees payable for the issue of documents under the national scheme
11
1
In this regulation–
“ sub-MAC ” means a Minister’s approval certificate issued by virtue of section 58(4); and
“ MAC ”, in relation to a sub-MAC, means the Minister’s approval certificate by virtue of which the sub-MAC was issued under section 58(4).
2
In this regulation, in relation to a sub-MAC,–
“anniversary” means an anniversary of the date on which the MAC was issued and a reference to the first anniversary shall be construed accordingly;
“applicant” means the person who applied for the sub-MAC;
“relevant date” means–
if the sub-MAC was issued during the 12 month period beginning with the date the MAC was issued, that date; or
if it was issued after the expiration of that period, the anniversary next before the issue of the sub-MAC;
“relevant period” means a period of 12 months beginning on an anniversary;
“relevant sub-MAC” means any sub-MAC issued to the applicant by virtue of the MAC before the sub-MAC in question was issued;
“relevant vehicle” means the vehicle in respect of which the MAC was issued.
3
A fee of £10 shall be payable for the issue of a sub-MAC in addition to the fee payable under regulation 10, where–
a
the sub-MAC is issued in respect of a vehicle in category N2 or N3; and
b
it appears to the Secretary of State from information supplied or confirmed by the applicant that the vehicle differs in detail from–
i
the vehicle which was the subject of the last of the relevant sub-MACs to be issued, or
ii
if no relevant sub-MAC has been issued, the relevant vehicle.
4
A fee of £31 shall be payable for the issue of a sub-MAC in addition to the fee payable under regulation 10, where–
a
the sub-MAC is issued in respect of a vehicle in category N1 as a result of an application made on or after the first anniversary; and
b
no relevant sub-MAC has been issued as a result of an application made in the relevant period in which the application for the sub-MAC was made; and
c
it appears to the Secretary of State from information supplied or confirmed by the applicant that the vehicle differs in detail from–
i
the vehicle which was the subject of the last of the relevant sub-MACs in respect of which a fee was payable under this paragraph, or
ii
if no relevant sub-MAC has been issued in respect of which such a fee has been payable, the relevant vehicle.
5
A fee of £31 shall be payable for the issue of a sub-MAC in addition to the fee payable under regulation 10, where–
a
the sub-MAC is issued as a result of an application made on or after the first anniversary on the basis of a vehicle being a low volume type approval vehicle; and
b
no relevant sub-MAC has been issued as a result of an application made in the relevant period in which the application for the sub-MAC was made; and
c
it appears to the Secretary of State from information supplied or confirmed by the applicant that the vehicle differs in detail from–
i
the vehicle which was the subject of the last of the relevant sub-MACs in respect of which a fee was payable under this paragraph or paragraph (6), or
ii
if no relevant sub-MAC has been issued in respect of which such a fee has been payable, the relevant vehicle.
6
A fee of £31 shall be payable for the issue of a sub-MAC in addition to the fee payable under regulation 10, where–
a
the sub-MAC is issued as a result of an application made on the basis of a vehicle being a low volume type approval vehicle; and
b
199 relevant sub-MACs, and no more, have been issued as a result of applications made on or after the relevant date; and
c
it appears to the Secretary of State from information supplied or confirmed by the applicant that the vehicle differs in detail from–
i
the vehicle which was the subject of the last of the relevant sub-MACs in respect of which a fee was payable under paragraph (5) or this paragraph, or
ii
if no relevant sub-MAC has been issued in respect of which such a fee has been payable, the relevant vehicle.
Fees — visits outside the United Kingdom
12
1
Where, in connection with an application for or the performance of, the carrying out, or supervision by or on behalf of the Secretary of State, of an examination of a vehicle or vehicle part in relation to the issue of a type approval certificate or authorisation for the purpose of a Community instrument, or ECE Regulation, or in relation to a type approval certificate or Minister’s approval certificate for the purpose of the national type approval scheme, a visit to a place outside the United Kingdom is made, or is arranged to be made, by one or more persons acting for or on behalf of the Secretary of State, then in addition to the fee or fees prescribed by the regulations above, there shall be paid by the applicant on demand by or on behalf of the Secretary of State a further fee equal to the total of–
a
the travelling and subsistence expenses reasonably incurred or expected to be incurred by each person so acting in relation to the application or examination (including expenses outstanding after the cancellation of any travelling or subsistence arrangements which result from the withdrawal of any such application); and
b
the whole, or such proportion as the Secretary of State may determine is reasonably attributable to the application or examination, of a sum of £55 for each hour spent or expected to be spent by each person so acting whilst travelling otherwise than on land in the United Kingdom, wholly or partly in relation to the application or examination.
2
The references to expenses in paragraph (1)(a) do not include any expenses relating to–
a
travelling on land in the United Kingdom; or
b
any flight which both begins and ends in the United Kingdom.
3
If–
a
payments have been made in accordance with paragraph (1) in respect of travelling and subsistence expenses expected to be incurred, or in respect of time expected to be spent in travelling; and
b
the amount of travelling and subsistence expenses actually incurred or the time actually spent travelling in consequence of the application is greater or less than was expected,
the fee payable under paragraph (1) shall be re-calculated in accordance with that paragraph by reference to the actual travelling and subsistence expenses incurred and the actual time spent travelling, and the difference shall be paid by, or as the case may be, refunded to, the applicant.
Payment of fees
13
1
The fee for the carrying out or supervision of an examination of a vehicle or a vehicle part in connection with the issue of a type approval certificate or authorisation for the purpose of a Community instrument, or ECE Regulation or in connection with the issue of a sound level measurement certificate shall be paid when the application is made for the issue of the type approval certificate, authorisation or sound level measurement certificate for the vehicle or vehicle part in question.
2
The fee for the carrying out or supervision of an examination of a vehicle or a vehicle part in connection with the issue of a type approval certificate or Minister’s approval certificate shall be paid when the applicant is notified by the Secretary of State, in accordance with the provisions of the Great Britain Regulations, the Great Britain Regulations for Goods Vehicles or the European Regulations, of the fee payable.
3
The fee for the issue of a document specified in Schedule 4 or 5 shall be paid–
a
in the case where the examination of the vehicle or vehicle part for which a fee is payable under these Regulations is required before the document is issued, when the applicant is notified of the result of the examination; and
b
in any other case, when the application is made for the issue of the document.
Fees on withdrawals and cancellations
14
1
Subject to the provisions of regulation 15, if an applicant–
a
after he has been notified of the time and place for the examination withdraws his application; or
b
does not submit the vehicle or vehicle part for the examination at the time and place fixed therefor,
he shall be liable to pay a cancellation fee to cover the abortive work involved in dealing with the application and making arrangements for the examination.
2
In the case of an examination of a vehicle or vehicle part to which a fee specified in Schedule 1 applies–
a
if the Secretary of State is, not less than 7 days before the date fixed for the examination, notified of the withdrawal or the intention not to submit the vehicle or vehicle part for the examination, the cancellation fee shall be £99;
b
if the Secretary of State is not so notified–
i
where the fee is specified in column (a) of Schedule 1, the cancellation fee shall be a quarter of that fee plus any wasted expenses reasonably incurred by the Secretary of State in the provision of any facility for the particular examination; or
ii
where the fee is specified in column (b) of Schedule 1, the cancellation fee shall be half of that fee or £219 whichever is the less.
3
In the case of a further or partial examination of a vehicle or vehicle part in the circumstances described in regulation 6, the cancellation fee shall be such proportion of the fee as the Secretary of State considers to be appropriate.
4
In the case of an examination of a vehicle to which a fee specified in Schedule 2 or 3 applies–
a
if the Secretary of State is, not less than 14 days before the date fixed for the examination, notified of the withdrawal or the intention not to submit the vehicle for the examination, the cancellation fee shall be £97;
b
if the Secretary of State is not so notified, the cancellation fee shall be £286.
5
Any cancellation fee for which an applicant is liable in accordance with the foregoing provisions of this regulation shall be provided–
a
in a case where the applicant has paid the fee prescribed by these Regulations for the examination in question, by the Secretary of State retaining the cancellation fee from the fee which has been paid; or
b
in any other case by the applicant paying the cancellation fee to the Secretary of State within 14 days of the issue by the Secretary of State of a request for such payment.
6
An applicant who is liable for a cancellation fee under this regulation in respect of an application shall also be liable for any fee payable under regulation 12, but all other fees under these Regulations in respect of the application shall be reduced to nil (the balance of any sums paid in respect of the application being refundable).
7
This regulation is subject to regulations 19 and 20.
Submission of alternative vehicle or vehicle part for examination
15
Where an applicant does not wish, or is unable, to submit the vehicle or vehicle part in respect of which the application was made, for examination at the time and place appointed, but is able to submit for examination at that time and place some other vehicle or vehicle part which can conveniently be fitted into the programme of examinations being carried out at that place and in respect of which he has made an application, he shall be entitled, subject to any adjustment by way of refund or additional payment so as to secure that the appropriate fee is paid for the examination which actually takes place, to have the sum which he originally paid applied in payment of the fee for that examination without being liable to pay a cancellation fee under regulation 14(1) but in that event he shall pay the appropriate fee prescribed by these Regulations when applying for a new appointment for the examination which he originally sought.
Fees to be paid in relation to prescribed and notifiable alterations
16
1
The fee prescribed in the event of particulars of a prescribed alteration being sent to the Secretary of State in accordance with regulation 10 of the Great Britain Regulations for Goods Vehicles is–
a
if the vehicle is one in respect of which a certificate of conformity has been issued–
i
£31 if the vehicle is in category L2, L5 or N1;
ii
£36 if the vehicle is in category N2 or N3; or
b
if the vehicle is one in respect of which a Minister’s approval certificate has been issued–
i
£31 if the vehicle is in category L2, L5 or N1;
ii
£36 if the vehicle is in category N2 or N3.
2
The fee prescribed in respect of a notification made in accordance with a condition attached to a type approval certificate pursuant to section 56(1)(b) issued in respect of a vehicle to which the Great Britain Regulations for Goods Vehicles apply is £30 if the vehicle is in category N1, but–
a
that sum shall become due on the next anniversary of the date that the type approval certificate was issued, and
b
if there is more than one such notification during any period of 12 months ending immediately before such an anniversary, the fee shall not be payable in respect of more than one such notification during that period.
3
The fee prescribed in respect of a notification made in accordance with a condition attached to a type approval certificate pursuant to section 56(1)(b) issued in respect of a vehicle to which the Great Britain Regulations for Goods Vehicles apply is £10 if the vehicle is in category N2 or N3.
Approval of facilities
17
1
Subject to regulations 19 and 20, the fee prescribed for examining premises with a view to their being approved by the Secretary of State for the examination of vehicles or vehicle parts for the purposes of the national type approval scheme or for the purposes of a Community instrument or ECE Regulation shall be determined by the amount of work involved charged at an hourly rate of £75.
2
Regulation 12 shall apply to an application for such an approval as it applies to an application for an examination of a vehicle as mentioned in that regulation.
Advice on procedures for securing conformity of production
18
Subject to regulations 19 and 20, the fee prescribed for advising a manufacturer on whether his arrangements or proposed arrangements for securing conformity of production of vehicles are likely to be accepted by the Secretary of State for the purposes of the national type approval scheme or for the purposes of any Community instrument or ECE Regulation shall be determined by the amount of work involved charged at an hourly rate of £75.
Fees — work carried out in the United States of America, Canada or Mexico
19
In relation to–
a
an examination or inspection of data carried out or proposed to be carried out,
b
the issue of a document,
c
the examining of premises, or
d
advice given to a manufacturer,
in the United States of America, Canada or Mexico by a person resident in the United States of America and acting for or on behalf of the Secretary of State, any sum which would otherwise be payable by virtue of regulations 4, 5, 6, 7, 8, 10, 14, 17 or 18 shall be increased by 35 per cent.
Fees — work carried out in Japan, China, South Korea or Taiwan
20
1
In relation to–
a
an examination or inspection of data carried out or proposed to be carried out,
b
the issue of a document,
c
the examining of premises, or
d
advice given to a manufacturer,
in Japan, China, South Korea or Taiwan by a person resident in Japan and acting for or on behalf of the Secretary of State, there shall be substituted for any sum which would otherwise be payable by virtue of regulations 4, 5, 6, 7, 8, 10, 14, 17 or 18, a sum which shall be determined by the amount of work involved charged at an hourly rate of £150.
2
In a case where paragraph (1) above applies, any fee payable in accordance with regulation 13 shall, subject to the following paragraphs, be calculated by reference to the Secretary of State’s estimate of the duration of the work likely to be required at the hourly rate specified in paragraph (1).
3
If during the course of the work the Secretary of State estimates that the duration of the work likely to be required is greater than that estimated under paragraph (2) above, the fee shall be recalculated by reference to that greater estimate, and the excess, if any, over the fee originally payable shall be paid by the applicant.
4
If the duration of the work actually required is greater or less than its estimated or re-estimated duration, the fee shall be recalculated by reference to the actual duration and the difference shall be paid by, or, as the case may be, refunded to, the applicant.
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
18th March 1996
We consent to the making of these Regulations to the extent that they are made in exercise of the powers conferred by section 56(1) and (2) of the Finance Act 1973.
Derek Conway
Liam Fox
Two of the Lords Commissioners of Her Majesty’s Treasury
21st March 1996


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Occupational Pension Schemes (Discharge of Protected Rights on Winding Up) Regulations 1996 and shall come into force on 6th April 1996.
2
In these Regulations —
“ the Act ” means the Pension Schemes Act 1993;
“administrative charges” means any charges or costs incurred as a result of taking out or entering into an appropriate policy of insurance but excluding any new commission costs; and
“normal pension age” has the same meaning as in section 180 of the Act.
3
A reference to a numbered regulation is to the regulation in these Regulations bearing that number and, unless the context otherwise requires, a reference in a regulation to a numbered paragraph is to the paragraph bearing that number in that regulation.
Conditions subject to which effect may be given to protected rights of a member of a scheme on winding up by insurance policies
2
1
For the purposes of section 32A(1) of the Act (effect may be given to protected rights where a scheme is being wound up and such conditions as may be prescribed are satisfied) the prescribed conditions are that the trustees or managers give written notice to the member, in accordance with paragraph (3), of the proposal to give effect to his protected rights by means of an appropriate policy of insurance under section 32A(l)(a) or (b) of the Act and either —
a
the member agrees in writing within 3 months from the date of the written notice;
b
where the condition in sub-paragraph (a) is not satisfied —
i
no application for a cash equivalent under section 95 of the Act (ways of taking right to cash equivalent) is received by the trustees or managers within 3 months from the date of the written notice; or
ii
an application for a cash equivalent under section 95 of the Act is received by the trustees or managers within 3 months of the date of the written notice and any of the conditions referred to in paragraph (2) are satisfied.
2
The conditions referred to in paragraph (l)(b)(ii) are —
a
the member withdraws his application for a cash equivalent in accordance with section 100 of the Act;
b
the member loses his right to the cash equivalent under section 98(7) of the Act (variation and loss of rights); or
c
it is not possible for the trustees or managers within the period specified in section 99(2) of the Act (trustees' duties after exercise of option) to do what is needed to carry out what the member requires.
3
The written notice referred to in paragraph (1) shall —
a
be sent by post to the member’s last known address; and
b
include the information specified in the Schedule to these Regulations.
Requirements applying to insurance companies
3
The requirements referred to in section 32A(2)(a)(ii) of the Act (policy of insurance appropriate if the insurance company satisfies prescribed requirements) are that the insurance company —
a
is authorised under section 3 or 4 (authorisation of insurance business) of the Insurance Companies Act 1982 ;
b
in the case of an EC company as defined in section 2(6) of the Insurance Companies Act 1982 which either carries on or provides long-term insurance business in the United Kingdom, complies with such requirements of Part I of Schedule 2F to the Insurance Companies Act 1982 (EC companies carrying on business, etc. , in the United Kingdom) as are applicable; or
c
in the case of a Friendly Society, is authorised under section 32 of the Friendly Societies Act 1992 (activities of Friendly Societies: long-term business) to carry on long-term business under any of the Classes specified in Head A of Schedule 2 to that Act.
Conditions on which policies of insurance may be surrendered
4
The conditions referred to in section 32A(2)(b) of the Act (policy of insurance appropriate for the purposes if it may not be surrendered except on conditions which satisfy prescribed requirements) are —
a
that the consent of the beneficiary to the surrender is given in writing to the insurance company; and
b
that, in consideration of the surrender, the benefits previously secured by the policy of insurance are replaced by benefits which are secured by means of one of the following, namely —
i
another policy of insurance which is appropriate within the meaning of section 32A(2) of the Act; or
ii
the acquisition of transfer credits under the rules of a contracted-out occupational pension scheme; or
iii
the acquisition of rights under the rules of an appropriate personal pension scheme.
Conditions on which appropriate policies of insurance may be commuted
5
The conditions referred to in section 32A(2)(c) of the Act (policy of insurance appropriate where commutation conditional on satisfying prescribed requirements) are —
a
that the benefits secured by the policy of insurance have become payable and the aggregate of those benefits payable to the beneficiary, or, as the case may be, to his widow or her widower does not exceed £260 per annum; and
b
all of the beneficiary’s interest under the policy of insurance is discharged upon payment of a lump sum.
Other requirements applying to policies of insurance
6
1
For the purposes of section 32A(2)(d) of the Act (policy of insurance appropriate if it satisfies such other requirements as may be prescribed) the prescribed requirements are —
a
where the appropriate policy of insurance is to be taken out or entered into with the same insurance company which issued the original insurance policy, no new costs except administrative charges in respect of the proposed policy of insurance are to be attributed to the beneficiary;
b
that the age at which the beneficiary is to be entitled to receive benefits (“the normal retirement age”) is to be the same age as the normal pension age under the scheme being wound up or such other age (“the agreed retirement age”), not being earlier than the age of 60, as agreed by the beneficiary;
c
that the policy contains provision to the effect that, or is endorsed so as to provide that —
i
any rights under the insurance policy (“the insured rights”) which derive from the protected rights of the member of the scheme which is being wound up, are to be treated as if they were protected rights under an occupational pension scheme and, subject to paragraph (2), as if sections 27, 28, 29 and 32 and Chapter IV of Part IV of the Act and regulations made under those sections and under section 145 of the Pensions Act 1995 were applicable to them;
ii
an annual statement is to be sent to the beneficiary stating the value of that beneficiary’s insured rights under the policy; and
iii
information is to be sent to the beneficiary in respect of the rights and options (if any) available to him not less than 4 months and not more than 6 months before the agreed retirement age or, if there is no such agreed retirement age, the normal retirement age.
2
For the purposes of paragraph (1)(c)(i) the provisions in the Act referred to in that sub-paragraph shall be construed as if —
a
the policy of insurance is an occupational pension scheme;
b
the insurance company is the trustee or manager of the scheme;
c
the beneficiary is the member of the scheme; and
d
the terms of the policy are the scheme rules.
Signed by authority of the Secretary of State for Social Security.
Oliver Heald
Parliamentary Under-Secretary of State,
Department of Social Security
13th March 1996


text:
PART I
GENERAL
Citation and commencement
1
This Order may be cited as the Hereford and Worcester (Structural, Boundary and Electoral Changes) Order 1996 and shall come into force for the purposes of articles 2(2), 3, 4, 6 to 11, 14, 15 and 19 to 23 on the day after the day on which it is made and for all other purposes on 1st April 1998.
Interpretation
2
1
In this Order —
“ the Act ” means the Local Government Act 1992;
“the 1972 Act ” means the Local Government Act 1972 ;
“the 1990 Act ” means the Town and Country Planning Act 1990 ;
“existing”, in relation to an area, means that area as it exists on the date this Order is made;
“the relevant date” means 5th May 1997;
“relevant provision” means a provision in any subordinate legislation made under the Act or made, in connection with the Act or such provision, under any other enactment;
“the reorganisation date” means 1st April 1998; and
“subordinate legislation” has the same meaning as in section 21 of the Interpretation Act 1978
2
The period beginning with the relevant date and ending immediately before the reorganisation date is specified as the preliminary period for the purposes of this Order and any other statutory instrument made under the Act.
PART II
BOUNDARY CHANGES
Constitution of new districts
3
1
A new non-metropolitan district of Malvern Hills shall be constituted and shall comprise the existing areas mentioned in Schedule 1.
2
A new non-metropolitan district of Herefordshire shall be constituted and shall comprise the areas of —
a
the existing city of Hereford ;
b
the existing district of Leominster, except the areas in that district mentioned in Schedule 1;
c
the existing district of Malvern Hills, except the areas in that district mentioned in Schedule 1; and
d
the existing district of South Herefordshire.
Constitution of new county
4
1
A new non-metropolitan county of Worcestershire shall be constituted and shall comprise the areas of —
a
the existing city of Worcester ;
b
the existing borough of Redditch ;
c
the existing districts of Bromsgrove, Wychavon and Wyre Forest; and
d
the new district of Malvern Hills.
2
During the period beginning with the date on which this article comes into force and ending immediately before the reorganisation date, the new county of Worcestershire shall not be a county for the purposes of —
a
the Sheriffs Act 1887 ;
b
the Education Acts 1944 to 1994;
c
sections 130 and 133 to 137 of the Reserve Forces Act 1980 (which make provision in respect of the lieutenancies) ; or
d
the Coroners Act 1988 .
Other local government areas
5
1
The existing principal areas of the county of Hereford and Worcester, the city of Hereford and the districts of Leominster, Malvern Hills and South Herefordshire shall be abolished and the councils of those principal areas shall be wound up and dissolved.
2
A new county shall be constituted comprising the area of the new district of Herefordshire and shall be named the county of Herefordshire.
3
Section 2(1) of the 1972 Act (which provides that every county shall have a council) shall not apply in relation to the new county of Herefordshire.
PART III
ELECTORAL ARRANGEMENTS
Electoral areas in Malvern Hills
6
1
The new district of Malvern Hills shall be divided into 27 wards which shall bear the names set out in column (1) of Schedule 2.
2
The wards shall comprise the areas respectively described (by reference to wards of the existing district of Malvern Hills or, as the case may be, parishes in that district and the existing district of Leominster) in column (2) of that Schedule and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
Electoral areas in Herefordshire
7
1
The new district of Herefordshire shall be divided into 44 wards which shall bear the names set out in column (1) of Schedule 3.
2
The wards shall comprise the areas respectively described (by reference to existing wards or, as the case may be, parishes) in column (2) of that Schedule and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
Electoral areas in Worcestershire
8
1
The new county of Worcestershire shall be divided into 57 divisions which shall bear the names set out in column (1) of Schedule 4.
2
Those divisions shall comprise the areas respectively described (by reference to existing divisions of the county of Hereford and Worcester or, as the case may be, wards of the new district of Malvern Hills) in column (2) of that Schedule.
Election of councillors
9
1
Elections of all councillors of the councils of the new districts of Malvern Hills and Herefordshire shall be held simultaneously on the ordinary day of election of councillors in 1997, 2000 and 2003 and every fourth year after 2003 ; and the term of office of any councillor so elected shall be, in the case of a councillor elected in 1997 or 2000, three years and, in any other case, four years.
2
Elections of all councillors of the council of the new county of Worcestershire shall be held simultaneously on the ordinary day of election of councillors in 1997 and every fourth year after 1997; and the term of office of every councillor so elected shall be four years.
3
On the fourth day after an election held after 1997 by virtue of this article–
a
the persons who were councillors immediately before the election shall retire; and
b
the newly elected councillors shall come into office.
First elections
10
At the elections held in 1997 by virtue of article 9, the returning officer shall be —
a
in the case of the new district of Malvern Hills, the returning officer appointed under section 35 of the Representation of the People Act 1983 by the council of the existing district of Malvern Hills;
b
in the case of the new district of Herefordshire, the returning officer so appointed by the council of the existing district of South Herefordshire; and
c
in the case of the new county of Worcestershire, the returning officer so appointed by the council of the existing county of Hereford and Worcester.
Suspension of elections and retirement of councillors
11
1
The ordinary election of councillors in 1997 for the council of the existing county of Hereford and Worcester shall not take place; and any councillor for that council holding office immediately before the relevant date who would, but for this paragraph, have retired on that date shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until the reorganisation date.
2
Section 89 of the 1972 Act (filling of casual vacancies in case of councillors) shall have effect, in relation to a casual vacancy occurring in the office of councillor for any relevant electoral area, as if the reference in subsection (3) of that section to the day on which the councillor whose office is vacant would regularly have retired were a reference to the reorganisation date; and, for this purpose, “relevant electoral area” means a ward in the existing city of Hereford or the existing district of Leominster, Malvern Hills or South Herefordshire or an electoral division of the existing county of Hereford and Worcester.
PART IV
LOCAL GOVERNMENT REORGANISATION IN HEREFORD AND WORCESTER
Structural change
12
Subject to the following provisions of this Part and to any other relevant provision, the functions of the council of the existing county of Hereford and Worcester in relation to the area of the new district of Herefordshire (other than functions under Chapter II of Part II of the 1990 Act) shall be transferred to the council of that district.
Planning functions
13
1
The council of the new district of Herefordshire shall be treated as an authority to whose area Chapter I of Part II of the 1990 Act (“Chapter I”) (unitary development plans) applies, instead of Chapter II of that Part (structure and local plans).
2
For the purposes of paragraph (1) above, the new district of Herefordshire shall be treated as if it were the area of a local planning authority in a metropolitan county and references in Chapter I to the local planning authority shall be construed accordingly.
3
The 1990 Act shall have effect in relation to the new district of Herefordshire as if —
a
in section 27 (meaning of “development plan” in Greater London and metropolitan counties), for the words “any district in Greater London or a metropolitan county (whether the whole or part of the area of a local planning authority)” there were substituted the words “the district of Herefordshire (whether the whole or part of the area of that district)”; and
b
section 28 (commencement of Chapter I: transitional provisions) did not apply.
4
Until a unitary development plan becomes operative for the area of the new district of Herefordshire (or where parts of such a plan become operative on different dates until every part of such a plan has become operative) —
a
Part I of Schedule 2 to the 1990 Act (which provides for existing development plans to continue in force) shall apply to that area; and
b
Part III of that Schedule shall apply to it for the purposes of making continuing provision for the transitional matters for which provision was made immediately before the commencement of the 1990 Act by Schedule 7 to the Town and Country Planning Act 1971 (old development plans, etc ) ;
and Part I of Schedule 2 shall have effect in relation to the new district of Herefordshire as if the reference in paragraph 1(1) to the commencement of the 1990 Act were a reference to the coming into force of this article.
Fire services
14
1
In this article —
“the 1947 Act ” means the Fire Services Act 1947 ; and
“the relevant area” means the area comprising the new county of Worcestershire and the new district of Herefordshire.
2
On the reorganisation date, the new district of Herefordshire shall, subject to any combination scheme under the 1947 Act, become the area of a fire authority for the purposes of that Act.
3
For the purposes of the making of a combination scheme with respect to the relevant area before the reorganisation date in accordance with section 10 of the 1947 Act (power to make schemes in advance of alterations to local government areas), section 5(2) of that Act shall have effect, in relation to that area, as if —
a
in paragraphs (a) and (d) of that subsection, for “the constituent authorities”, wherever those words occur, there were substituted “the council of the county of Hereford and Worcester”, and
b
in paragraphs (e) and (f) of that subsection, for “any of the constituent authorities” there were substituted “the council of the county of Hereford and Worcester”.
4
Section 10 of the 1947 Act shall have effect, in relation to the relevant area, as if after the word “but” there were inserted the words “, except so far as it relates to the constitution of an authority as the fire authority for the combined area constituted by the scheme and the performance by that authority of any functions necessary for bringing the scheme into full operation on that date,”.
Designated authorities
15
1
For the purposes of the Local Government Changes for England (Finance) Regulations 1994 and regulation 6(8) and Part III of the Local Government Changes for England (Property Transfer and Transitional Payments) Regulations 1995 —
a
the council of the new county of Worcestershire is specified as the designated authority in respect of the council of the existing county of Hereford and Worcester;
b
the council of the new district of Malvern Hills is specified as the designated authority in respect of the council of the existing district of Malvern Hills; and
c
the council of the new district of Herefordshire is specified as the designated authority in respect of the council of the existing district of Leominster.
2
For the purposes of Part V of the Local Government Changes for England (Miscellaneous Provision) Regulations 1996 (miscellaneous employment matters) , the designated authority in respect of an eligible person (within the meaning of that Part) formerly employed by a local authority which is wound up and dissolved by this Order shall be —
a
in the case of the council of the existing county of Hereford and Worcester, the council of the new county of Worcestershire;
b
in the case of the council of the existing district of Malvern Hills, the council of the new district of Malvern Hills; and
c
in the case of the council of the existing district of Leominster, the council of the new district of Herefordshire.
Superannuation fund
16
The superannuation fund maintained by the council of the existing county of Hereford and Worcester by virtue of regulations made under section 7 of the Superannuation Act 1972 (local government superannuation) together with all rights and liabilities in respect of the fund, shall vest in the council of the new county of Worcestershire.
Archives and other records
17
1
In this article, “relevant collection” means —
a
any collection of archives or other records of general or local interest held as such by the council of the existing county of Hereford and Worcester; or
b
any collection of a museum or gallery provided or maintained by that council.
2
Any property forming part of a relevant collection and relating exclusively to the whole or any part of the area of the new district of Herefordshire, and any rights or liabilities exclusively in respect of any such property, shall vest in the council of that district.
3
Any property forming part of a relevant collection and relating exclusively to the whole or any part of the area of the new county of Worcestershire, and any rights or liabilities exclusively in respect of any such property, shall vest in the council of that county.
Malvern Hills Conservators
18
In the Malvern Hills Act 1924 , in subsection (2) of section 7 (constitution of Board of Conservators), for the words from “Two persons” (in the place where they first appear) to “Upton-upon-Severn” there shall be substituted the following:
Two persons to be nominated by the council of the county of Worcestershire;
Two persons to be nominated by the council of the district of Herefordshire;
Eight persons to be nominated from and by the council of the district of Malvern Hills;
PART V
TRANSITIONAL PROVISION
Interpretation of Part
19
In this Part —
“transferor authority” means the council of the existing county of Hereford and Worcester, of the existing city of Hereford or of the existing districts of Leominster, Malvern Hills or South Herefordshire; and
“transferee authority” means the council of the new county of Worcestershire or of the new district of Herefordshire or Malvern Hills.
Shadow authorities
20
During the preliminary period, the transferee authorities —
a
shall not be local authorities for the purposes of the 1972 Act; and
b
shall be shadow authorities for the purposes of the Local Government Changes for England Regulations 1994 ;
and, in relation to those authorities, section 2(1) or, as the case may be, 2(2) of that Act shall have effect as if the words from “and the council” to the end of the subsection were omitted.
Co-operation and information
21
The transferor authorities and their officers and, during the preliminary period, those authorities and officers and the transferee authorities and their officers shall co-operate with each other, and generally exercise their functions, so as to facilitate the implementation of this Order and any other relevant provision.
Preparations for transfer of functions
22
1
The transferor authorities and, during the preliminary period, the transferee authorities may take such steps as appear to them to be necessary for the purpose of preparing for the transfer and exercise of functions which will, on and after the reorganisation date, be exercisable by the transferee authorities by virtue or in consequence of this Order or any other relevant provision.
2
During the preliminary period —
a
a transferor authority shall furnish a transferee authority with all such information relating to the transferor authority or its functions as the transferee authority may reasonably request for the purpose of implementing this Order or any other relevant provision; and
b
each transferee authority shall —
i
in relation to the functions mentioned in paragraph (1) above, make such arrangements for organisation and management and such appointments of officers as are necessary to secure the proper performance of those functions on and after the reorganisation date;
ii
at a meeting of the authority, consider a report by the head of its paid service as to whether any such functions could with advantage be discharged in pursuance of arrangements made under section 101 of the 1972 Act (arrangements for discharge of functions) or under any other enactment; and
iii
if of that opinion, shall promote the making of such arrangements.
3
In paragraph (2) above, the reference to the head of a council’s paid service is a reference to the officer designated as such under section 4(1) of the Local Government and Housing Act 1989 and nothing in section 101 of the 1972 Act shall apply to the duty imposed by virtue of sub-paragraph (b) of that paragraph.
Activities preliminary to the exercise of functions
23
Where, during the preliminary period, a transferor authority is required by virtue of any enactment to prepare any budgets or plans, or to consult any person, for purposes connected with the exercise, on and after the reorganisation date, of any functions in relation to any part of the area of a transferee authority which, on and after that date, are exercisable by that transferee authority, the requirement in question shall, subject to any other relevant provision, cease to have effect during that period in relation to the transferor authority; and any such requirement shall instead have effect, during that period and for those purposes, in relation to the transferee authority.
Signed by authority of the Secretary of State
David Curry,
Minister of State,
Department of the Environment
18th July 1996


text:
Citation and commencement
1
This Order may be cited as the Educational Endowments (Lothian 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
31st March 1996


text:
1
1
This Order may be cited as the Parliamentary Constituencies (England) (Miscellaneous Changes) Order 1996.
2
In this Order “the 1995 Order ” means the Parliamentary Constituencies (England) Order 1995 .
3
Subject to section 4(6) of the Parliamentary Constituencies Act 1986, this Order shall come into force on the day after the day on which it is made.
2
For the constituencies of Birmingham, Edgbaston, Birmingham, Northfield, Birmingham, Selly Oak and Bromsgrove as constituted by the Schedule to the 1995 Order (and described by reference to local government areas as they existed on 1st June 1994), there shall be substituted the constituencies which —
a
are named in the left-hand column of Part I of the Schedule to this Order;
b
are designated in that column as either borough constituencies or county constituencies; and
c
comprise the areas set out in the right-hand column of that Part (which are local government areas as they existed on 17th May 1996).
3
For the constituencies of Chingford and Woodford Green, Epping Forest, Ilford North, Leyton and Wanstead and Walthamstow as constituted by the Schedule to the 1995 Order (and described by reference to local government areas as they existed on 1st June 1994), there shall be substituted the constituencies which —
a
are named in the left-hand column of Part II of the Schedule to this Order;
b
are designated in that column as either borough constituencies or county constituencies; and
c
comprise the areas set out in the right-hand column of that Part (which are local government areas as they existed on 17th May 1996).
4
Each electoral registration officer for the constituencies referred to in this Order shall make such re-arrangement or adaptation of the registers of parliamentary electors as may be necessary to give effect to this Order.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation
1
This Order may be cited as the Local Government Act 1992 (Commencement No. 5) Order 1996.
Provisions of the Local Government Act 1992 coming into force on 8th August 1996
2
The repeals in the Local Government, Planning and Land Act 1980 in Part I of Schedule 4 to the Local Government Act 1992 shall come into force on 8th August 1996.
Paul Beresford
Parliamentary Under-Secretary of State,
Department of the Environment
18th July 1996


text:
1
1
This Order may be cited as the Criminal Justice Act 1988 (Designated Countries and Territories) (Amendment) (No. 2) Order 1996 and shall come into force on 1st January 1997.
2
This Order extends to England and Wales only.
3
In this Order “ the Act ” means the Criminal Justice Act 1988 and “the principal Order ” means the Criminal Justice Act 1988 (Designated Countries and Territories) Order 1991 .
2
For article 5(1)(e) of the principal Order there shall be substituted the following —
e
that an order (however described) made or to be made by a court of the designated country has the purpose or, as the case may be, will have the purpose —
i
of recovering property obtained as a result of or in connection with conduct to which Part VI of the Act applies or the value of property so obtained; or
ii
of depriving a person of a pecuniary advantage so obtained,
.
3
There shall be inserted in Schedule 1 to the principal Order, after the entry for Thailand, the entry for Ukraine (including the appropriate authority) specified in Schedule 1 to this Order.
4
Schedule 2 to the principal Order (modifications of Part VI of the Criminal Justice Act 1988) shall be amended as described in Schedule 2 to this Order and like amendments shall be made to the Act as set out in Schedule 3 to the principal Order (Part VI of the Criminal Justice Act 1988 as modified).
N. H. Nicholls
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Insolvent Partnerships (Amendment) Order 1996 and shall come into force on 14th June 1996.
Amendment of Article 7
2
Paragraph (1) of article 7 of the Insolvent Partnerships Order 1994 shall be amended by the substitution of the words “, of the Secretary of State or of any other person other than a member,” for the words “or of the Secretary of State,”.
I concur, on behalf of the Secretary of State
Mackay of Clashfern,C.
9th May 1996
Phillip Oppenheim
Parliamentary Under-Secretary of State for Company Affairs,
Department of Trade and Industry.
14th May 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Gateshead Healthcare National Health Service Trust (Transfer of Trust Property) Order 1996 and shall come into force on 29th February 1996.
2
In this Order —
“the Authority” means the South of Tyne Health Authority;
“the Trust” means the Gateshead Healthcare 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 27th September 1995, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 29th February 1996 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State
Department of Health
29th January 1996


text:
1
This Order may be cited as the Broadcasting (Channel 3 Transmission and Shared Distribution Costs) Order 1996 and shall come into force on 27th December 1996.
2
The period specified in the Broadcasting (Channel 3 Transmission and Shared Distribution Costs) Order 1991 during which —
a
all Channel 3 services are required to be broadcast for general reception by a single person under arrangements made with him by the persons licensed to provide those services; and
b
all persons licensed to provide Channel 3 services are required to share the costs incurred in respect of the distribution of those services (taken as a whole) in such manner as may be approved by her,
shall be extended by a period of six years so as to end on 31st December 2002.
Virginia Bottomley
Secretary of State for National Heritage
6th December 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the United Leeds Teaching Hospitals National Health Service Trust (Transfer of Trust Property) Order 1996 and shall come into force on 25th November 1996.
2
In this Order —
“the Authority” means the Leeds Health Authority, established on 1st April 1996 ;
“the old Authority” means the former Leeds Health Authority, established on 1st April 1991 and abolished on 1st April 1996 ;
“the Trust” means the United Leeds Teaching Hospitals National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the old Authority and the Trust on 19th December 1995, which schedule has been signed on behalf of both the old Authority and the Trust.
Transfer of trust property
2
On 25th November 1996 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health,
John Horam
Parliamentary Under Secretary of State,
Department of Health
28th October 1996


text:
PART I
General
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Allocation of Housing and Homelessness (Review Procedures and Amendment) Regulations 1996.
2
These Regulations shall come into force as follows —
a
this regulation and regulation 9 on 7th January 1997;
b
regulations 7 and 8 on 20th January 1997;
c
regulations 2 to 4, for the purposes of regulations 7 and 8, on 20th January 1997; and
d
regulations 5 and 6 and regulations 2 to 4 for all remaining purposes on 1st April 1997.
Interpretation
2
In these Regulations, “the authority” means the local housing authority to whom a request for a review under section 164 or 202 is made and references to sections are references to sections of the Housing Act 1996.
Who is to make the decision on the review
3
Where the decision on a review of an original decision made by an officer of the authority is also to be made by an officer, that officer shall be someone who was not involved in the original decision and who is senior to the officer who made the original decision.
Notification of the decision on a review
4
The period within which the authority shall notify the applicant of the decision on a review under section 164 or 202 is eight weeks from the day on which the request for the review is made to the authority or such longer period as the authority and the applicant may agree in writing.
PART II
The Housing Register
Notification of review procedure
5
Following a duly made request for a review under section 164, the authority shall —
a
notify the person concerned that he, or someone acting on his behalf, may make representations in writing to the authority in connection with the review; and
b
if they have not already done so, notify the person concerned of the procedure to be followed in connection with the review.
Procedure on a review
6
The authority shall —
a
consider any representations made by the person concerned or on his behalf; and
b
carry out the review on the basis of the facts known to them at the date of the review.
PART III
Homelessness
Notification of review procedure
7
Following a duly made request for a review under section 202, the authority shall —
a
notify the applicant that he, or someone acting on his behalf, may make representations in writing to the authority in connection with the review; and
b
if they have not already done so, notify the applicant of the procedure to be followed in connection with the review.
Procedure on a review
8
1
The authority shall —
a
consider any representations made by the applicant or on his behalf; and
b
carry out the review on the basis of the facts known to them at the date of the review.
2
If the authority consider that there is an irregularity in the original decision, or in the manner in which it was made, but are minded nonetheless to make a decision which is against the interests of the applicant on one or more issues, the authority shall notify the applicant —
a
that they are so minded and the reasons why; and
b
that the applicant, or someone acting on his behalf, may make oral representations to the authority.
Amendment of the Allocation of Housing Regulations 1996
9
In regulation 1 of the Allocation of Housing Regulations 1996 for “20th January 1997” there shall be substituted “1st April 1997”.
Signed by authority of the Secretary of State for the Environment.
David Curry
Minister of State,
Department of the Environment
9th December 1996
Signed by authority of the Secretary of State for Wales
Jonathan Evans
Parliamentary Under Secretary of State,
Welsh Office
9th December 1996


text:
Citation and commencement
1
These Regulations may be cited as the Minibus and Other Section 19 Permit Buses (Amendment) Regulations 1996 and shall come into force on 1st January 1997.
Amendment of conditions to be fulfilled by driver of bus
2
1
The Minibus and Other Section 19 Permit Buses Regulations 1987 shall be amended in accordance with paragraphs (2) and (3) below.
2
In regulation 2, after the definition of “the 1985 Act”, there shall be inserted —
“the 1988 Act ” means the Road Traffic Act 1988 ;
.
3
For regulation 3 there shall be substituted —
3
1
The driver of a vehicle used under a permit, if he is not the holder of —
a
a passenger-carrying vehicle driver’s licence,
b
a PCV Community licence, or
c
a Northern Ireland driving licence corresponding to a passenger-carrying vehicle driver’s licence,
which authorises the driving of that vehicle, must fulfil either the conditions specified in paragraph (2) or the alternative conditions specified in paragraph (3).
2
The conditions are that he —
a
is the holder of —
i
a valid full licence granted under Part III of the 1988 Act,
ii
a valid Northern Ireland licence corresponding to such a licence, or
iii
a valid Community licence,
authorising the driving of motor vehicles included in category B other than vehicles included in sub-category B1,
b
has held that licence for a period of not less than 2 years in aggregate,
c
is 21 years of age or over, and
d
receives no payment or other consideration for driving the vehicle other than out-of-pocket expenses.
3
The alternative conditions are that he —
a
was first granted a full licence under Part III of the 1988 Act before 1st January 1997,
b
is the holder of a valid full licence granted under that Part of that Act authorising the driving of motor vehicles included in category B, other than vehicles included in sub-category B1, and sub-category D1 (not for hire or reward), and
c
is 21 years of age or over.
4
For the purposes of this regulation —
a
any expression which is also used in Parts III and IV of the 1988 Act has the same meaning as in those Parts of that Act;
b
expressions relating to vehicle categories shall be construed in accordance with regulation 4(2)(a) and (b) of the Motor-Vehicles (Driving Licences) Regulations 1996 ;
c
a person holds a valid full licence granted under Part III of the 1988 Act authorising the driving of motor vehicles included in any category or sub-category if he is authorised to drive such vehicles by virtue of section 88(1) of that Act.
.
Signed by authority of the Secretary of State for Transport
John Bowis
Parliamentary Under Secretary of State,
Department of Transport
9th December 1996


text:
1
This Order may be cited as the Value Added Tax (Pharmaceutical Chemists) Order 1996 and shall come into force in relation to supplies made on or after 1st January 1997.
2
Group 7 (health and welfare) of Schedule 9 to the Value Added Tax Act 1994 shall be varied by inserting after Note (2) the following Note —
2A
Item 3 includes supplies of services made by a person who is not registered in either of the registers specified in that item where the services are wholly performed by a person who is so registered.
Bowen Wells
Michael Bates
Two of the Lords Commissioners of Her Majesty’s Treasury
26th November 1996


text:
Citation, commencement
1
These Regulations may be cited as the Notification of Existing Substances (Enforcement) (Amendment) Regulations 1996 and shall come into force on 20th June 1996.
Amendment of the Notification of Existing Substances (Enforcement) Regulations 1994
2
The following amendments are made to the Notification of Existing Substances (Enforcement) Regulations 1994 : —
a
in regulation 4(3) (g), for the words “(in the absence of persons other than a person nominated to be present and any person whom the inspector may allow to be present)” there shall be substituted the words “(in the absence of anyone, other than someone nominated by that person to be present and anyone whom the inspector may allow to be present)”;
b
in regulation 5(3), the words “which is not to take immediate effect” shall be omitted; and;
c
in regulation 7(3), for the words “the statutory maximum” there shall be substituted “level 5 on the standard scale”.
Signed by authority of the Secretary of State
James Clappison
Parliamentary Under Secretary of State,
Department of the Environment
16th May 1996
Signed by authority of the Secretary of State
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
16th May 1996
Lindsay
Parliamentary Under Secretary of State, Scottish Office
22nd May 1996


text:
1
This Order may be cited as the A1 Trunk Road (Haringey) Red Route Traffic Order 1993 Experimental Variation Order 1996, and shall come into force on 29th January 1996.
2
The A1 Trunk Road (Haringey) Red Route Traffic Order 1993 is varied as provided by the following provisions of this Order.
3
In Article 4 —
a
for paragraph (3)(a), for the words “Part II of Schedule 2” substitute “Parts II or III of Schedule 2”;
b
for paragraph (3)(b), for the words “Part III of Schedule 2” substitute “Part IV of Schedule 2”;
c
for the table after paragraph (6), in column (3) after “Schedule 2 Part III” add “, Part IV”.
4
In Schedule 2 —
a
for paragraph 1 substitute the following paragraph —
1
Between a point 3 metres north-west of the common boundary of Nos 490 and 492 Archway Road and a point 96 metres north-west of a point opposite the northern kerbline of Bakers Lane.
;
b
add the following paragraph —
1A
Between a point 12.5 metres north-west of the common boundary of Nos 136 and 138 Archway Road and a point level with the common boundary of 130 and 132 Archway Road.
c
after paragraph 6 add the following item —
PART IV
10 AM–4 PM MONDAYS TO FRIDAYS INCLUSIVE ARCHWAY ROAD South-West Side,
7
Between a point level with the party wall of Nos 337 and 335 Archway Road and a point 4 metres south-east of a point level with the common boundary of Nos 271 and 273 Archway Road and Jacksons Lane Community Centre.
5
In Schedule 3 —
a
delete paragraph 1;
b
renumber paragraph 2 as paragraph 1.
6
In Schedule 4 —
a
for paragraph 3 substitute the following paragraph —
3
From a point opposite the party wall of Nos 435 and 437 Archway Road south-eastward for a distance of 19 metres.
;
b
for paragraph 7 substitute the following paragraph —
7
From a point 3 metres south-east of the party wall of Nos 290 and 292 Archway Road south-eastwards for a distance of 22 metres.
;
c
for paragraph 9 substitute the following paragraph —
9
Between a point 16 metres south-east of the common boundary of No 154 Archway Road and the electricity substation and a point 12.5 m etres north-west of the common boundary of Nos 136 and 138 Archway Road.
;;
d
after paragraph 9 add the following paragraph —
9a
Between a point level with the common boundary of Nos 130 and 132 Archway Road to the boundary of the London Borough of Islington.
;
e
for paragraph 11 substitute the following paragraph —
11
Between a point 3 metres north-west of the party wall of Nos 461 and 463 Archway Road and a point level with the party wall of Nos 447 and 449 Archway Road.
;
f
in paragraph 12, for the words “341 and 343 Archway Road” substitute the words “335 and 337 Archway Road.”;
g
for paragraph 15 substitute the following paragraph —
15
From a point 2 metres north west of a point level with the common boundary of Nos 207 and 209 Archway Road south-eastward f or a distance of 19 metres.
.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
16th January 1996


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Adjudication) Amendment Regulations 1996 and shall come into force on 7th October 1996.
Amendment of the Social Security (Adjudication) Regulations 1995
2
1
The Social Security (Adjudication) Regulations 1995 are amended in accordance with the following provisions of this regulation.
2
In paragraph (2) of regulation 1 —
a
for the definition of “ the Acts ” there is substituted the following definition —
“the Acts” means the Social Security Contributions and Benefits Act 1992, the Social Security Administration Act 1992 and the Jobseekers Act 1995;
; and
b
there are inserted at the appropriate places the following definitions
“the Jobseekers Act ” means the Jobseekers Act 1995;
“the Jobseeker’s Allowance Regulations ” means the Jobseeker’s Allowance Regulations 1996 ;
.
3
For Section B of Part IV there is substituted the following Section —
SECTION B — INCOME SUPPORT AND JOBSEEKER'S ALLOWANCE
Notification of decisions in income support and jobseeker’s allowance cases
55
1
Subject to paragraphs (2) to (4), where an adjudication officer has given a decision on any claim or question relating to income support or jobseeker’s allowance, the claimant shall be notified in writing of the effect of that decision and he shall at the same time be notified of his right to request a statement of the reasons for the decision and of his right of appeal to an appeal tribunal.
2
Where, under arrangements made by the Secretary of State either throughout or in any part of Great Britain, income support is payable together with another benefit under the Contributions and Benefits Act, notice of the aggregate amount so payable shall be notice for the purpose of paragraph (1).
3
Written notice shall not be required of a determination awarding benefit which is implemented by a cash payment if in all the circumstances it would be impracticable to do so.
4
Written notice shall not be required of a determination terminating entitlement to income support of jobseeker’s allowance if the reason for the termination is already known to the claimant or it is otherwise reasonable in the circumstances not to give such notice.
5
So far as may be practicable, and subject to paragraph (6), where a claimant is notified of a decision under paragraph (1) or (2) the Secretary of State shall also give or send him a written notice of assessment showing —
a
the total amounts of the personal allowances, family premium, other premiums and housing costs determined under Part IV of the Income Support Regulations or, as the case may be, Part VII of the Jobseeker’s Allowance Regulations as are appropriate in his case; and
b
the income taken into account; and
c
any personal expenses addition, special transitional addition and transitional addition payable under the Income Support (Transitional) Regulations 1987 , any transitional supplement payable under regulation 87 of the Jobseeker’s Allowance Regulations and any transitional allowance payable by virtue of regulations made under section 40(2) of the Jobseekers Act.
6
Paragraph (5) shall not apply to any determination —
a
that income support or income-based jobseeker’s allowance is not payable for any reason other than that the claimant’s income exceeds the applicable amount;
b
made on review under paragraph (3) of regulation 63 or paragraph (4) of regulation 63A, or, where the Secretary of State considers a written notice of assessment unnecessary, under any other provision of those regulations;
c
in respect of a claimant to whom section 127 of the Contributions and Benefits Act (return to work after a trade dispute) applies.
7
If, within the time limited by regulation 3 and Schedule 2 for the bringing of an appeal against an adjudication officer’s decision, the claimant requests a statement of the reasons for that decision, he shall be given such a statement in writing and shall again be informed of his right of appeal.
Income support and social fund questions not immediately determinable
56
1
Where on consideration of a claim or question relating to income support or to payment of maternity expenses from the social fund under Part VIII of the Contributions and Benefits Act it appears to an adjudication officer that the claimant’s entitlement to, or the rate or amount of, such benefit depends on the determination of —
a
the question as to what housing costs are to be included in the claimant’s applicable amount by virtue of regulation 17(1)(e) or 18(1)(f) of, and Schedule 3 to, the Income Support Regulations (applicable amounts) and the adjudication officer is satisfied that not all of those housing costs can be immediately determined, he shall proceed to determine the claim or question on the assumption that the housing costs to be included in the claimant’s applicable amount are those that can be immediately determined;
b
any of the questions mentioned in paragraph (3), and he is satisfied that the question cannot be immediately determined, he shall proceed to determine the claim or question on the assumption that the determination of the question so mentioned will be adverse to the claimant.
2
Without prejudice to the power of an adjudication officer to refer any claim or question to an appeal tribunal under section 21(2) of the Administration Act and notwithstanding the provisions of section 22 of that Act, on an appeal to an appeal tribunal in any case where the adjudication officer has applied the provisions of paragraph (1) in relation to any of the questions mentioned or referred to in that paragraph, the tribunal shall not determine any such question until it has been determined by an adjudication officer.
3
The questions referred to in sub-paragraph (1)(b) are —
a
whether in relation to any person the applicable amount falls to be reduced or disregarded to any extent by virtue of section 126(3) of the Contributions and Benefits Act (persons affected by trade disputes);
b
whether for the purposes of regulation 12 of the Income Support Regulations (relevant education) a person is by virtue of that regulation to be treated as receiving relevant education;
c
whether in relation to any claimant the applicable amount includes severe disability premium by virtue of regulation 17(1)(d) or 18(1)(e) of, and paragraph 13 of Schedule 2 to, the Income Support Regulations.
Jobseeker’s allowance questions not immediately determinable
56A
1
Where on consideration of a claim or question relating to jobseeker’s allowance it appears to an adjudication officer that the claimant’s entitlement to, or the rate or amount of, that allowance depends on the determination of any of the questions mentioned in paragraph (2), and he is satisfied that the question cannot be immediately determined, he shall proceed to determine the claim or question on the assumption that the determination of the question so mentioned will be adverse to the claimant.
2
The questions referred to in paragraph (1) are —
a
whether in relation to any person the applicable amount falls to be reduced or disregarded to any extent by virtue of section 15 of the Jobseekers Act (persons affected by trade disputes);
b
whether for the purposes of regulation 54(2) to (4) of the Jobseeker’s Allowance Regulations (relevant education) a person is by virtue of that regulation to be treated as receiving relevant education.
3
Where —
a
a person has made a claim for a jobseeker’s allowance; and
b
the adjudication officer is satisfied that the claimant satisfies the requirements for entitlement to a jobseeker’s allowance specified in sections 1(2) and 2 or 3 of the Jobseekers Act; but
c
the adjudication officer is unable to determine for the time being a question arising under section 19 of that Act,
then the adjudication officer shall, pending the determination of that question, determine the claim on the assumption that section 19 does not restrict payment of benefit.
4
Without prejudice to the power of the adjudication officer to refer any claim or question to an appeal tribunal under section 21(2) of the Administration Act and notwithstanding the provisions of section 22 of that Act, on an appeal to an appeal tribunal in any case where the adjudication officer has applied the provisions of paragraphs (1) or (3) in relation to any of the questions mentioned or referred to in those paragraphs, the tribunal shall not determine any such question until it has been determined by an adjudication officer.
5
A determination made pursuant to paragraph (3) shall be reviewed by an adjudication officer or, on a reference by him, by an appeal tribunal, where it is necessary to give effect to a determination given on a question arising under section 19 of the Jobseekers Act.
6
A determination on review undertaken in consequence of a decision on a question arising under section 19 of the Jobseekers Act shall have effect —
a
except where sub-paragraph (b) applies, from the day immediately following the end of the benefit week in which the determination was made; or
b
where in accordance with regulation 26A(1) of the Social Security (Claims and Payments) Regulations 1987 a jobseeker’s allowance is paid otherwise than fortnightly in arrears, and notwithstanding the provisions of regulation 69 of the Jobseeker’s Allowance Regulations, from the day immediately following the end of the last benefit week in respect of which a jobseeker’s allowance was paid.
7
Where in consequence of the determination of any question arising under section 19 of the Jobseekers Act, a jobseeker’s allowance is not payable, the period in respect of which it is not payable shall begin on the date the revised determination takes effect.
8
In this regulation “benefit week” has the same meaning as in regulation 1(3) of the Jobseeker’s Allowance Regulations.
Termination of awards of income support or jobseeker’s allowance where alternative benefit is claimed
56B
1
This regulation applies in a case where an award of income support or jobseeker’s allowance (“the existing benefit”) exists in favour of a person and, if that award did not exist and a claim was made by that person or his partner for jobseeker’s allowance or, as the case may be, income support (“the alternative benefit”), an award of the alternative benefit would be made on that claim.
2
In a case to which this regulation applies, if, but only if, a claim for the alternative benefit is made an adjudication officer may bring to an end the award of the existing benefit if he is satisfied that an award of the alternative benefit will be made on that claim.
3
Where, under paragraph (2), an adjudication officer brings an award of the existing benefit to an end he shall do so with effect from the day immediately preceding the first day on which the award of the alternative benefit has effect.
4
Where an award of jobseeker’s allowance is made in accordance with the provisions of this regulation, paragraph 4 of Schedule 1 to the Jobseekers Act (waiting days) shall not apply.
.
4
In the heading to, and in paragraph (1) of, regulation 59, after the words “income support” there are inserted the words “, jobseeker’s allowance”.
5
In paragraph (4) of regulation 63, sub-paragraph (a) is omitted.
6
After regulation 63 there is inserted the following regulation —
Review in jobseeker’s allowance cases
63A
1
Except in a case to which regulation 57(2) or (3) or regulation 58 applies, and subject to paragraph (2), a determination on a claim or question relating to jobseeker’s allowance shall not be revised on review under section 25 of the Administration Act so as to make jobseeker’s allowance payable or to increase the amount of jobseeker’s allowance payable in respect of —
a
in a case where the award which is being reviewed —
i
was made solely on the basis that the claimant satisfied the conditions for a contribution-based jobseeker’s allowance; and
ii
the application for review is made on the basis that he now satisfies the conditions for an income-based jobseeker’s allowance,
any period which falls before the date on which the review was applied for or, where no application is made, the date of the review; or
b
in a case not falling within sub-paragraph (a) above, any period which falls more than 12 months before the date on which the review was requested or, where no request is made, the date of the review; or
c
in any case, any past period which fall within the period of 12 months mentioned in sub-paragraph (b) above and which has been followed by termination or interruption of entitlement to jobseeker’s allowance and where —
i
the total amount of the increase would be £5 or less; or
ii
the ground for review are a material fact or relevant change of circumstances of which the claimant was aware but of which he previously failed to furnish information to the Secretary of State.
2
Sub-paragraph (1)(a) shall not apply so as to prevent the payment of a jobseeker’s allowance or an increase in the amount of that allowance in respect of any period not more than 12 months before the date on which the review was requested or, as the case may be, made, if the claimant proves that throughout that period he had good cause for failing to apply for a review.
3
Section 159A of the Administration Act (which relates to the effect of alterations in the component rates of jobseeker’s allowance) shall not apply to any award of jobseeker’s allowance in force in favour of a person where there is applicable to that person any amount determined in accordance with regulation 87 of the Jobseeker’s Allowance Regulations.
4
Where section 159A of the Administration Act does not apply to an award of jobseeker’s allowance by virtue of paragraph (3), that award may be reviewed by an adjudication officer or, on reference by him, by an appeal tribunal for the sole purpose of giving effect to any change made by an order under section 150 of the Administration Act.
5
A determination relating to jobseeker’s allowance made by an adjudicating authority or a Commissioner shall be reviewed by an adjudication officer or, on reference by him, by an appeal tribunal where this is necessary to give effect to —
a
a determination given on a question to which regulation 56A applies; or
b
a change of circumstances to which regulation 14 (reduction and termination of transitional and personal expenses addition) and regulation 15 (special transitional addition) of the Income Support (Transitional) Regulations 1987 apply by virtue of regulation 87(1) of the Jobseeker’s Allowance Regulations.
6
Where a claimant in receipt of a jobseeker’s allowance lives in a nursing home or residential care home and he is absent from that home for a period of less than one week, that absence shall not be treated as a relevant change of circumstances for the purposes of section 25(1)(b) and (c) of the Administration Act.
7
In paragraph (6), “nursing home” and “residential care home” have the same meanings as they have in regulation 1(3) of the Jobseeker’s Allowance Regulations.
8
Where —
a
it has been determined that the amount of a jobseeker’s allowance payable to a young person is to be reduced under regulation 63 of the Jobseeker’s Allowance Regulations because paragraph (1)(b)(iii), (c), (d), (e) or (f) of that regulation (failed to complete a course of training and no certificate has been issued to him under subsection (4) of section 17 with respect to that failure) applies in his case; and
b
that determination falls to be reviewed because the Secretary of State has subsequently issued a certificate under section 17(4) of the Jobseekers Act with respect to the failure in question,
the determination given on review shall have effect from the same date as the determination under review had effect.
.
7
In regulation 64, after the words “regulation 66A of the Income Support Regulations” there are inserted the words “, regulation 136 of the Jobseeker’s Allowance Regulations”.
8
In Schedule 2, in Column (2) of paragraph 11, after the words “unemployment benefit” there are inserted the words “or jobseeker’s allowance”.
Signed by authority of the Secretary of State for Social Security.
Roger Evans
Parliamentary Under-Secretary of State,
Department of Social Security
11th June 1996


text:
Title and commencement
1
These Regulations may be cited as the Fresh Meat (Hygiene and Inspection) (Amendment) Regulations 1996 and shall come into force on 23rd April 1996.
Amendment
2
1
The Fresh Meat (Hygiene and Inspection) Regulations 1995 shall be amended in accordance with paragraph (2) below.
2
In regulation 7 —
a
at the end of paragraph (1) there shall be added —
; or
c
such slaughter takes place pursuant to, and in accordance with, a slaughter scheme introduced by or under Council Regulation ( EEC ) No. 805/68
; and
b
in paragraphs (8) and (9), after “paragraph (1)(b)” in each case, there shall be inserted “or (c)”.
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
22nd April 1996
Lindsay
Parliamentary Under Secretary of State,
Scottish Office
22nd April 1996