text:
Citation and commencement
1
1
This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session Amendment No. 4) (Miscellaneous) 1996 and shall come into force on 23rd September 1996.
2
This Act of Sederunt shall be inserted in the Books of Sederunt.
Amendment of the Rules of the Court of Session
2
1
The Rules of the Court of Session 1994 shall be amended in accordance with the following sub-paragraphs.
2
In rule 14.5 (first order in petitions), for paragraph (1), substitute the following paragraph: —
1
Subject to paragraph (2), on a petition being lodged, the court shall, without a motion being enrolled for that purpose, pronounce an interlocutor for such intimation, service and advertisement as may be necessary.
.
3
After Chapter 28 (procedure roll), insert the following Chapter: —
CHAPTER 28A
NOTICES TO ADMIT AND NOTICES OF NON-ADMISSION
Notices to admit and notices of non-admission
28A.1
1
At any time after the record has closed, a party may intimate to any other party a notice or notices calling on him to admit for the purposes of that cause only —
a
such facts relating to an issue averred in the pleadings as may be specified in the notice;
b
that a particular document lodged in process and specified in the notice is —
i
an original and properly authenticated document; or
ii
a true copy of an original and properly authenticated document.
2
Where a party on whom a notice is intimated under paragraph (1) —
a
does not admit a fact specified in the notice, or
b
does not admit, or seeks to challenge, the authenticity of a document specified in the notice,
he shall, within 21 days after the date of intimation of the notice under paragraph (1), intimate a notice of non-admission to the party intimating the notice to him under paragraph (1) stating that he does not admit the fact or document specified.
3
The party intimating a notice under paragraph (1) or (2) shall lodge a copy of it in process.
4
The court may, at any time, allow a party to amend or withdraw an admission made by him on such conditions, if any, as it thinks fit.
5
A party may, at any time, withdraw in whole or in part a notice of non-admission by intimating a notice of withdrawal.
Consequences of failure to intimate notice of non-admission
28A.2
–
1
A party who fails to intimate a notice of non-admission under paragraph (2) of rule 28A.1 shall be deemed to have admitted the fact or document specified in the notice intimated to him under paragraph (1) of that rule; and such fact or document may be used in evidence at a proof if otherwise admissible in evidence, unless the court, on special cause shown, otherwise directs.
2
A party who fails to intimate a notice of non-admission under paragraph (2) of rule 28A.1 within 21 days after the notice to admit intimated to him under paragraph (1) of that rule shall be liable to the party intimating the notice to admit for the expenses of proving the fact or document specified in that notice unless the court, on special cause shown, otherwise directs.
3
A deemed admission under paragraph (1) of this rule shall not be used against the party by whom it was deemed to be made other than in the cause for the purpose for which it was deemed to be made or in favour of any person other than the party by whom the notice was given under rule 28A.1(1).
.
4
In rule 30.2 (intimation to party whose agent has withdrawn) —
a
in paragraph (1), for the word “interlocutor” where it second occurs, substitute the word “notice”; and
b
in paragraph (2), omit the words “with a copy of the interlocutor pronounced under paragraph (1)”.
5
After Chapter 34 (reports to Inner House), insert the following Chapter: —
CHAPTER 34A
PURSUERS' OFFERS
Application and interpretation of this Chapter
34A.1
1
This Chapter applies to an action in which the summons contains a pecuniary conclusion.
2
In this Chapter —
“defender” includes a third party;
“offer to settle” means an offer to which rule 34A.2 applies;
“pursuer” includes a defender who makes an offer in a counterclaim;
“summons” includes a counterclaim.
Offers to settle
34A.2
1
In an action to which this Chapter applies, a pursuer may, at any time before —
a
the court makes avizandum or, if it does not make avizandum, gives judgment, or
b
in a jury trial, the jury retires to consider the verdict,
make an offer to a defender to settle a claim by the pursuer against the defender in accordance with this Chapter.
2
Such an offer shall —
a
be by minute, which may be in Form 34A.2, signed by counsel or other person having a right of audience;
b
specify —
i
that it is made under this rule;
ii
that it is without prejudice to, and under reservation of, the pursuer’s rights and pleas;
iii
the conclusion in respect of which the offer is made or that it is made in respect of all the conclusions;
iv
the sum for which the pursuer offers to settle;
v
whether that sum is exclusive or inclusive of interest and, if inclusive, the date to which interest is calculated; and
vi
whether the expenses of process are sought in addition and whether those expenses are to be taxed by the Auditor; and
c
be lodged in process.
Protection of offers from disclosure
34A.3
1
No averment of the fact that a minute of offer to settle has been lodged in process, or of the contents of that minute, shall be contained in any pleadings.
2
Where an offer to settle is not accepted, the court shall not be informed about the offer at any time until all questions in respect of the pecuniary conclusion of the summons other than expenses have been disposed of.
Withdrawal or expiry of offers
34A.4
1
An offer to settle may be withdrawn by the pursuer at any time before it is accepted by lodging in process a minute of withdrawal which may be in Form 34A.4.
2
Where an offer to settle specifies a time within which it may be accepted and it is not accepted or withdrawn within that time, the offer shall be deemed to have been withdrawn when that time expires.
Acceptance of offers
34A.5
1
Acceptance of an offer to settle shall be made by lodging in process a minute of acceptance which may be in Form 34A.5.
2
Acceptance of an offer to settle may be made at any time before —
a
the offer is withdrawn;
b
the expiry of any period within which it is to be accepted; or
c
the court makes avizandum or, if it does not make avizandum, gives judgment, or, in a jury trial, the jury retires to consider the verdict, in respect of the conclusion in the summons in relation to which the offer was made.
3
Where an offer to settle has been accepted, the pursuer may enrol a motion for decree in terms of the minute of offer to settle and minute of acceptance.
4
Where an offer to settle which is accepted states that it is exclusive of interest after the date of the offer, the court may, on the motion of the pursuer, decern for interest on the sum in the offer from the date of the offer until the date of the decerniture.
5
Where an offer to settle which is accepted states that expenses are sought in addition to the sum specified in the offer, then, except in so far as expenses have already been dealt with, the pursuer shall be entitled to expenses as taxed by the Auditor to the date on which the minute of acceptance was lodged in process.
Consequences of failure to accept an offer to settle
34A.6
1
This rule applies where an offer to settle is —
a
not withdrawn and does not expire before the date on which —
i
the court makes avizandum or, if it does not make avizandum, gives judgment, or
ii
in a jury trial, the jury retires to consider the verdict;
b
not accepted by the defender; and
c
in an action where two or more defenders are alleged in the action to be jointly or jointly and severally liable to the pursuer and rights of contribution or indemnity appear to exist between the defenders, made to all the defenders to settle the claim against all of them.
2
Where the pursuer is awarded a sum equal to or more than the sum specified in the offer to settle, he shall be entitled, from the defender to whom the offer to settle was made —
a
unless the court otherwise orders, to the expenses of process (including any additional fee under rule 42.14) as taxed by the Auditor; and
b
to a sum equal to the taxed amount of those expenses (excluding any additional fee under rule 42.14).
.
6
For rule 35.3 (optional procedure before executing commission and diligence), substitute the following rule: —
Optional procedure before executing commission and diligence
35.3
1
Subject to rule 35.3A (optional procedure where there is a party litigant or confidentiality is claimed), this rule applies where a party has obtained a commission and diligence for the recovery of a document on an application made under rule 35.2(1)(a).
2
Such a party may, at any time before executing the commission and diligence against a haver, serve on the haver an order in Form 35.3-A (in this rule referred to as “the order”).
3
The order and a copy of the specification referred to in rule 35.2(2), as approved by the court, shall be served on the haver or his known agent and shall be complied with by the haver in the manner and within the period specified in the order.
4
Not later than the day after the date on which the order, and any document recovered, is received from a haver by the party who obtained the order, that party —
a
shall give written intimation of that fact in Form 35.3-B to the Deputy Principal Clerk and every other party; and
b
shall —
i
if the document has been sent by post, send a written receipt for the document in Form 35.3-C to the haver; or
ii
if the document has been delivered by hand, give a written receipt in Form 35.3-C to the person delivering the document.
5
Where the party who has recovered any such document does not lodge it in process within 14 days of receipt of it, he shall —
a
forthwith give written intimation to every other party that that party may borrow, inspect or copy the document within 14 days after the date of that intimation; and
b
in so doing, identify the document.
6
Where any party, who has obtained any such document under paragraph (5), wishes to lodge the document in process, he shall —
a
lodge the document within 14 days after receipt of it; and
b
at the same time, send a written receipt for the document in Form 35.3-D to the party who obtained the order.
7
Where —
a
no party wishes to lodge or borrow any such document under paragraph (5), the document shall be returned to the haver by the party who obtained the order within 14 days after the expiry of the period specified in sub-paragraph (a) of that paragraph; or
b
any such document has been uplifted by another party under paragraph (5) and that party does not wish to lodge it in process, the document shall be returned to the haver by that party within 21 days after the date of receipt of it by him.
8
Any such document lodged in process shall be returned to the haver by the party lodging it within 14 days after the expiry of any period allowed for appeal or reclaiming or, where an appeal or reclaiming motion has been marked, from the disposal of any such appeal or reclaiming motion.
9
If any party fails to return any such document as provided for in paragraph (7) or (8), the haver shall be entitled to apply by motion (whether or not the cause is in dependence) for an order that the document be returned to him and for the expenses occasioned by that motion.
10
The party holding any such document (being the party who last issued a receipt for it) shall be responsible for its safekeeping during the period that the document is in his custody or control.
11
If the party who served the order is not satisfied that —
a
full compliance has been made with the order, or
b
adequate reasons for non-compliance have been given,
he may execute the commission and diligence under rule 35.4.
12
Where an extract from a book of any description (whether the extract is certified or not) is produced under the order, the court may, on the motion of the party who served the order, direct that that party shall be allowed to inspect the book and take copies of any entries falling within the specification.
13
Where any question of confidentiality arises in relation to a book directed to be inspected under paragraph (12), the inspection shall be made, and any copies shall be taken, at the sight of the commissioner appointed in the interlocutor granting the commission and diligence.
14
The court may, on cause shown, order the production of any book (not being a banker’s book or book of public record) containing entries falling under a specification, notwithstanding the production of a certified extract from that book.
.
7
After rule 35.3 (optional procedure before executing commission and diligence), insert the following rule: —
Optional procedure where there is a party litigant or confidentiality is claimed
35.3A
1
This rule shall apply where —
a
any of the parties to the action is a party litigant; or
b
confidentiality is claimed for any document in the possession of a haver.
2
Rule 35.3 (optional procedure before executing commission and diligence) shall not apply where paragraph (1) of this rule applies.
3
The party who has obtained a commission and diligence for the recovery of a document on an application made under rule 35.2(1)(a) may, at any time before executing it against a haver, serve on the haver an order in Form 35.3A-A (in this rule referred to as “the order”).
4
The order and a copy of the specification referred to in rule 35.2(2), as approved by the court, shall be served on the haver or his known agent and shall be complied with by the haver in the manner and within the period specified in the order.
5
Not later than the day after the date on which the order, and any document recovered, is received from a haver by the Deputy Principal Clerk, he shall give written intimation of that fact to each party.
6
No party, other than the party who served the order, may uplift any such document until after the expiry of 7 days after the date of intimation under paragraph (5).
7
Where the party who served the order fails to uplift any such document within 7 days after the date of intimation under paragraph (5), the Deputy Principal Clerk shall give written intimation of that failure to every other party.
8
Where no party has uplifted any such document within 14 days after the date of intimation under paragraph (7), the Deputy Principal Clerk shall return it to the haver who delivered it to him.
9
Where a party who has uplifted any such document does not wish to lodge it, he shall return it to the Deputy Principal Clerk who shall —
a
give written intimation of the return of the document to every other party; and
b
if no other party uplifts the document within 14 days after the date of intimation, return it to the haver.
10
Any such document lodged in process shall be returned to the haver by the party lodging it within 14 days after the expiry of any period allowed for appeal or reclaiming or, where an appeal or reclaiming motion has been marked, from the disposal of any such appeal or reclaiming motion.
11
If any party fails to return any such document as provided for in paragraph (9) or (10), the haver shall be entitled to apply by motion (whether or not the cause is in dependence) for an order that the document be returned to him and for the expenses occasioned by that motion.
12
The party holding any such document (being the party who last issued a receipt for it) shall be responsible for its safekeeping during the period that the document is in his custody or control.
13
If the party who served the order is not satisfied that —
a
full compliance has been made with the order, or
b
adequate reasons for non-compliance have been given,
he may execute the commission and diligence under rule 35.4.
14
Where an extract from a book of any description (whether the extract is certified or not) is produced under the order, the court may, on the motion of the party who served the order, direct that that party shall be allowed to inspect the book and take copies of any entries falling within the specification.
15
Where any question of confidentiality arises in relation to a book directed to be inspected under paragraph (14), the inspection shall be made, and any copies shall be taken, at the sight of the commissioner appointed in the interlocutor granting the commission and diligence.
16
The court may, on cause shown, order the production of any book (not being a banker’s book or book of public record) containing entries falling under a specification, notwithstanding the production of a certified extract from that book.
.
8
In rule 36.4 (copy productions), in paragraph (1), after the word “every”, insert the word “documentary”.
9
Rule 36.6 (notices to admit and notices of non-admission) shall be omitted.
10
After rule 41.43 (application of Parts II and III to this Part), insert the following rules: —
Appeals to be heard in Outer House
41.44
1
Subject to paragraph (2), an appeal to the court to which this Chapter applies may be remitted by the Inner House to the Outer House to be heard by the Lord Ordinary in the first instance —
a
at its own instance after hearing parties, or
b
on the motion of a party,
on a motion being enrolled under rule 41.15 (motions for hearing appeals by stated case) or rule 41.22 (motion for further procedure in appeals in Form 41.19), as the case may be.
2
Paragraph (1) shall not apply to the following appeals: —
a
an appeal under an enactment which specifies that the appeal is to the Inner House;
b
an appeal to which Part IV of this Chapter applies (Exchequer appeals);
c
an appeal to which Part VI of this Chapter applies (appeals under section 50 of the Social Work (Scotland) Act 1968 );
d
an appeal to which Part VII of this Chapter applies (appeals under the Representation of the People Act 1983 );
e
an appeal from the Land Court;
f
an appeal from the Lands Tribunal for Scotland;
g
an appeal under section 10 of the Restrictive Practices Court Act 1976 (appeal from the Restrictive Practices Court);
h
an appeal under paragraph 14 of Schedule 4 to the Transport Act 1985 (appeal from the Transport Tribunal);
i
an appeal under section 25(1) of the Child Support Act 1991 (appeal from the Child Support Commissioner);
j
an appeal under section 24(1) of the Social Security Administration Act 1992 (appeal from the Social Security Commissioner);
k
an appeal under section 9 of the Asylum and Immigration Appeals Act 1993 (appeal from the Immigration Appeal Tribunal);
l
an appeal under section 37(1) of the Industrial Tribunals Act 1996 .
Reclaiming against decision of Lord Ordinary
41.45
The decision of the Lord Ordinary on an appeal heard in the Outer House by virtue of rule 41.44 (appeals to be heard in Outer House) may be reclaimed against.
.
11
In Chapter 43 (actions of damages), after Part V, insert the following Part: —
PART VI
PRODUCTIONS IN CERTAIN ACTIONS OF DAMAGES
Application of this Part
43.29
This Part applies to an action of damages for personal injuries or the death of a person in consequence of personal injuries.
Averments of medical treatment
43.30
The condescendence of the summons in an action to which this Part applies shall include averments naming —
a
every medical practitioner from whom, and
b
every hospital or other institution in which,
the pursuer or, in an action in respect of the death of a person, the deceased received treatment for the injuries sustained, or disease suffered, by him.
Lodging of medical reports
43.31
1
In an action to which this Part applies, the pursuer shall lodge as productions, with the summons when it is lodged for signeting under rule 13.5, all medical reports then available to him and in his possession or control on which he intends, or intends to reserve the right, to rely in the action.
2
Where no medical report is lodged as required by paragraph (1), the defender may apply by motion for an order specifying a period within which such a report shall be lodged in process.
.
12
After Chapter 45 (actions of division and sale), insert the following Chapter: —
CHAPTER 45A
ACTIONS OF REMOVING
Application of this Chapter
45A.1
1
Subject to paragraph (2), this Chapter applies only to a conclusion for removing in an action of removing against a person or persons in possession of heritable property without right or title to possess the property.
2
This Chapter shall not apply with respect to a person who has or had a title or other right to occupy the heritable property and who has been in continuous occupation since that title or right is alleged to have come to an end.
Service on unnamed occupiers
45A.2
1
Where the name of a person in occupation of the heritable property is not known and cannot reasonably be ascertained, the pursuer shall call that person as a defender by naming him as an “occupier”.
2
Where the name of a person in occupation of the heritable property is not known and cannot reasonably be ascertained, the summons shall be served (whether or not it is also served on a named person), unless the court otherwise directs, by a messenger-at-arms —
a
affixing a copy of the summons and a citation in Form 45A.2 addressed to “the occupiers” to the main door or other conspicuous part of the premises, and if practicable, depositing a copy of each of those documents in the premises; or
b
in the case of land only, inserting stakes in the ground at conspicuous parts of the occupied land to each of which is attached a sealed transparent envelope containing a copy of the summons and a citation in Form 45A.2 addressed to “the occupiers”.
3
Paragraphs (1), (2) and (4) of rule 16.3 (service by messenger-at-arms) shall apply to service of a summons under this rule as they apply to service by a method to which those paragraphs apply.
Shortening or dispensing with periods of time
45A.3
Where the action is directed against a person in occupation of the heritable property vi clam aut precario , the pursuer may apply by motion to shorten or dispense with the period of notice or other period of time in these Rules relating to the conduct of the action or the extracting of any decree.
Application by occupiers to become defenders
45A.4
A person not named as a defender in the summons who is in occupation of the heritable property may, within the period of notice, apply by minute to be sisted as a defender to the action.
.
13
In the following provisions of Chapter 62 (recognition, registration and enforcement of foreign judgments, etc.) for the words “rule 62.2(2)” substitute the words “rule 62.2(1)(b)”: —
rule 62.8(2)(c),
rule 62.15(2)(c),
rule 62.22(1)(c),
rule 62.32(2)(c),
rule 62.37(1)(b),
rule 62.46(2)(c),
rule 62.58(3)(c).
14
In rule 62.40 (enforcement in another Contracting State of Court of Session judgments etc.), after paragraph (3), insert the following paragraph: —
4
The Keeper of the Registers shall not issue a certificate under paragraph (3) unless there is produced to him an affidavit verifying that enforcement has not been suspended and that the time available for enforcement has not expired.
.
15
In rule 62.47 (interpretation of this Part) —
a
omit the definition of “the Act of 1988”; and
b
in the definition of “relevant enactment”, omit the words “the Act of 1988,”.
16
In rule 62.48(2) (applications for registration under the relevant enactment) —
a
omit sub-paragraph (a); and
b
sub-paragraphs (b), (c), (d), (e) and (f) shall become sub-paragraphs (a), (b), (c), (d) and (e) respectively.
17
In rule 62.52 (suspension of enforcement under the Act of 1988 or 1995) —
a
in the heading to the rule, omit the words “1988 or”; and
b
in paragraph (1), omit the words “section 91(1) of the Act of 1988 or”.
18
In rule 62.53 (modification and cancellation of registration under the Act of 1988, 1989 or 1995) —
a
in the heading to the rule, omit “1988,”; and
b
in paragraph (1), omit “1988,”.
19
For rule 62.54 (applications for inhibition or arrestment), substitute the following rule: —
Incidental applications
62.54
1
Any of the following applications shall be made in the prayer of the petition under rule 62.48(1) to which it relates or, if the prayer of that petition has been granted, by motion in the process of that petition: —
a
an application under section 32(1) of the Act of 1995 for a warrant for inhibition;
b
an application under section 33(1) of the Act of 1995 (warrant for arrestment);
c
an application under paragraph 16(1) (warrant for inhibition), or paragraph 16A(1) (warrant for arrestment), of Schedule 4 to the Act of 1989 as applied by paragraph 19(5) of that Schedule or by article 18 of the Order of 1995 , as the case may be.
2
Either of the following applications shall be made in the prayer of the petition under rule 62.48(1) to which it relates or, if the prayer of the petition has been granted, by note in the process of that petition: —
a
an application under sub-paragraph (4) of paragraph 19 of Schedule 4 to the Act of 1989 for an order in implementation of an England and Wales, Northern Ireland or Islands forfeiture order registered in the Court of Session under that paragraph;
b
an application under article 17 of the Order of 1995 for an order in implementation of an external forfeiture order registered in the Court of Session under article 15(1) of that Order.
3
Where the court makes an order by virtue of paragraph 19(4) of Schedule 4 to the Act of 1989 or article 17 of the Order of 1995 appointing an administrator, rules 76.24 to 76.26 (which relate to the duties of an administrator) shall apply to an administrator appointed by virtue of that paragraph or article as they apply to an order in implementation of a forfeiture order.
.
20
After rule 62.60 (application for refusal of recognition or enforcement under the Act of 1990), insert the following Part: —
PART X
RECOGNITION, REGISTRATION AND ENFORCEMENT OF MISCELLANEOUS DECISIONS
Application and interpretation of this Part
62.61
1
This Part applies to the recognition, registration or enforcement, as the case may be, of an award, decision, judgment or order under any of the following instruments: —
a
Article 34.1 (enforcement of arbitral award) of the procedural rules on conciliation and arbitration of contracts financed by the European Development Fund ;
b
Article 20 of the United Nations (International Tribunal) (Former Yugoslavia) Order 1996 (enforcement of orders for the preservation or restitution of property).
2
In this Part —
“decision” includes award, judgment or order;
“relevant instrument” means an instrument mentioned in paragraph (1).
Applications under this Part
62.62
1
An application for recognition, registration or enforcement, as the case may be, of a decision under a relevant instrument shall be made by petition.
2
There shall be produced with such a petition an affidavit —
a
exhibiting a copy of the decision certified under the relevant instrument; and
b
stating —
i
the full name, title, trade or business and the usual or the last known place of residence or, where appropriate, of business of the petitioner and of the party against whom the decision was made;
ii
that the petitioner is entitled to have the decision recognised, registered or enforced, as the case may be, under the relevant instrument;
iii
the extent to which the decision is unsatisfied; and
iv
whether the enforcement of the decision has been sisted (provisionally or otherwise) under the relevant instrument and whether any, and if so what, application has been made under the relevant instrument which, if granted, might result in a sist of enforcement of the decision.
Recognition, or warrant for registration or for enforcement under this Part
62.63
The court shall, on being satisfied that the petition complies with the requirements of the relevant instrument, pronounce an interlocutor recognising or granting warrant for the registration or enforcement of the decision, as the case may be.
Registration for enforcement under this Part
62.64
1
Where the court pronounces an interlocutor under rule 62.63 granting warrant for registration or enforcement, as the case may be, the Deputy Principal Clerk shall enter details of the interlocutor and the decision in a register of decisions under this Part.
2
On presentation by the petitioner to the Keeper of the Registers of —
a
a certified copy of the interlocutor under rule 62.63,
b
a certified copy of the decision and any translation of it, and
c
any certificate of currency conversion under rule 62.2(1)(b),
they shall be registered in the register of judgments of the Books of Council and Session.
3
An extract of a registered decision with warrant for execution shall not be issued by the Keeper of the Registers until a certificate of service under rule 62.65 is produced to him.
Service on party against whom award made
62.65
On registration under rule 62.64, the petitioner shall forthwith serve a notice of the registration on the party against whom the decision was made in Form 62.65.
Sist of enforcement under this Part
62.66
1
Where it appears to the court that —
a
the enforcement of the decision has been sisted (whether provisionally or otherwise) under the relevant instrument, or
b
any application has been made under the relevant instrument which, if granted, might result in a sist of the enforcement of the award,
the court shall, or in the case referred to in sub-paragraph (b) may, sist the petition for such period as it thinks fit.
2
Where the court has granted a warrant for registration under rule 62.63, the party against whom the decision was made may apply to the court for suspension or interdict of execution of the award.
3
An application under paragraph (2) shall —
a
be made on ground (a) or (b) of paragraph (1);
b
notwithstanding rule 60.2 (form of applications for suspension), be made by note in the process of the petition under rule 62.62; and
c
be accompanied by an affidavit stating the relevant facts.
.
21
In Chapter 76 (causes in relation to confiscation of proceeds of crime), in the cross-heading to Part I, for the words “CRIMINAL JUSTICE (SCOTLAND) ACT 1987”, substitute the words “PROCEEDS OF CRIME (SCOTLAND) ACT 1995”.
22
In rule 76.1 (interpretation of this Part), for the definitions, substitute the following definitions: —
“the Act of 1995” means the Proceeds of Crime (Scotland) Act 1995 ;
“administrator” means the person appointed under paragraph 1(1) of Schedule 1 to the Act of 1995;
“restraint order” has the meaning assigned in section 49(1) of the Act of 1995.
.
23
In rule 76.3 (applications for restraint orders), in paragraph (1), for the words “8(1) of the Act of 1987”, substitute the words “28(1) of the Act of 1995”.
24
In rule 76.4 (applications in relation to protective measures) —
a
in paragraph (1) —
i
for the words “the Act of 1987”, substitute the words “the Act of 1995”; and
ii
for sub-paragraphs (a), (b) and (c), substitute the following sub-paragraphs: —
a
section 29(4) or (5) (recall of restraint order in relation to realisable property);
b
section 30(3) or (4) (recall of restraint order in relation to forfeitable property);
c
section 31(1) (variation or recall of restraint order);
d
section 32(5) (recall or restriction of inhibition);
e
section 33(4) (recall or restriction of arrestment).
;
b
in paragraph (2), for the words “8(2)(b) of the Act of 1987”, substitute the words “31(1)(b) of the Act of 1995”;
c
in paragraph (3), for the words “Lord Advocate under section 8(2)(a) of the Act of 1987”, substitute the words “prosecutor under section 31(1)(a) of the Act of 1995”;
d
in paragraph (4) —
i
for the words from “under section 11(1) of the Act of 1987” to the word “inhibition”, substitute the words “by the Lord Advocate under section 32(1) (warrant for inhibition) of the Act of 1995, or by the prosecutor under section 33(1) (warrant for arrestment) of that Act,”; and
ii
in sub-paragraph (a), for the words “8(1) of that Act”, substitute the words “28(1) of that Act”;
e
in paragraph (5), for the words from “11(1)” to “inhibition”, substitute the words “32(1)(a) (recall, loosing or restriction of inhibition), or section 33(2) (recall, loosing or restriction of arrestment), of the Act of 1995”; and
f
in paragraph (6) —
i
for the words “12 of the Act of 1987”, substitute the words “28(8) of the Act of 1995”; and
ii
in sub-paragraph (a), for “8(1)”, substitute “28(1)”.
25
In rule 76.5 (applications for variation of confiscation order or compensation) —
a
in the heading to the rule, omit the words “ variation of confiscation order or ”; and
b
for the words from “25(1)” to “1987”, substitute the words “17(compensation) of the Act of 1995”.
26
In rule 76.6 (applications for disclosure of information by government departments), for the words “41 of the Act of 1987”, substitute the words “20 of the Act of 1995”.
27
In rule 76.7 (applications for appointment of administrators) —
a
in paragraph (1), for the words “section 13(1) of the Act of 1987”, substitute the words “paragraph 1(1) of Schedule 1 to the Act of 1995”; and
b
in paragraph (2), for the words “section 13(3)(a) of the Act of 1987”, substitute the words “paragraph 1(3)(a) of Schedule 1 to the Act of 1995”.
28
In rule 76.8 (incidental applications in an administration) —
a
in paragraph (1) —
i
for the words “the Act of 1987”, substitute the words “Schedule 1 to the Act of 1995”;
ii
for sub-paragraph (a), substitute the following sub-paragraph: —
a
paragraph 1(1) with respect to an application after appointment of an administrator to require a person to give property to him;
;
iii
in sub-paragraph (b), for the words “section 13(4)”, substitute the words “paragraph 1(4)”;
iv
in sub-paragraph (c), for the words “section 13(5)”, substitute the words “paragraph 1(5)”;
v
in sub-paragraph (d), for the words “section 14(1)(n)”, substitute the words “paragraph 2(1)(n)”; and
vi
in sub-paragraph (e), for the words “section 16”, substitute the words “paragraph 4”; and
b
in paragraph (2) —
i
for the words “the Act of 1987” wherever they occur, substitute the words “Schedule 1 to the Act of 1995”;
ii
for the words “section 13(1) of the Act of 1987”, substitute the words “paragraph 1(1) of that Schedule”;
iii
in sub-paragraph (a), for the words “section 14(1)(o)”, substitute the words “paragraph 2(1)(o)”;
iv
in sub-paragraph (b), for the words “section 14(3)”, substitute the words “paragraph 2(3)”; and
v
in sub-paragraph (c), for the words “section 24”, substitute the words “paragraph 12”.
29
In rule 76.9 (requirements where order to facilitate realisation of property considered), for the words “section 24(1) of the Act of 1987”, substitute the words “paragraph 12(1) of Schedule 1 to the Act of 1995”.
30
In rule 76.14 (state of funds and scheme of division) —
a
in paragraph (1)(a), for the words “section 16(1) of the Act of 1987”, substitute the words “paragraph 4(2) of Schedule 1 to the Act of 1995”; and
b
in paragraph (3)(c), for “1987”, substitute “1995”.
31
In rule 76.15 (objections to scheme of division), in paragraph (1), for the words “section 16(2) of the Act of 1987”, substitute the words “paragraph 4(3) of Schedule 1 to the Act of 1995”.
32
In rule 76.16 (application for discharge of administrator), in paragraph (2), for the words “section 13(1) of the Act of 1987”, substitute the words “paragraph 1(1) of Schedule 1 to the Act of 1995”.
33
In rule 76.17 (appeals against determination of outlays and remuneration), in paragraph (1) —
a
for the words “section 18(2) of the Act of 1987”, substitute the words “paragraph 6(2) of Schedule 1 to the Act of 1995”; and
b
for the words from “of the petition” to “1987”, substitute the words “in which the administrator was appointed”.
34
Rule 76.18 (remits from High Court of Justiciary) shall be omitted.
35
In the cross-heading to Part II of Chapter 76 (causes in relation to confiscation of proceeds of crime), at the end, insert the words “OR THE ORDER OF 1995”.
36
In rule 76.19 (application and interpretation of this Part), after the definition of “administrator”, insert the following definition: —
“the Order of 1995” means the Prevention of Terrorism (Temporary Provisions) Act 1989 (Enforcement of External Orders) Order 1995 ;
.
37
In rule 76.22 (applications in relation to protective measures) —
a
in paragraph (2), after the words “paragraph (1)(b)”, insert the words “of this rule”;
b
in paragraph (3) —
i
after the words “paragraph 16(1) ”, insert the words “(warrant for inhibition), or 16A(1) (warrant for arrestment),”; and
ii
omit the words “(warrant for arrestment or inhibition)”; and
c
in paragraph (4), for sub-paragraphs (a) and (b), substitute the following sub-paragraphs: —
a
an application to recall, loose or restrict an inhibition under paragraph 16(2)(a);
b
an application under paragraph 16(6)(a) (recall or restriction of inhibition);
c
an application to recall, loose or restrict an arrestment under paragraph 16A(2); or
d
an application under paragraph 16A(4) (recall or restriction of arrestment).
.
38
In the appendix —
a
in Form 16.7, for the word “on” where it first occurs, substitute the word “to”;
b
in Form 30.2 —
i
in the paragraph beginning with the words “In accordance”, omit the word “enclosed” wherever it occurs; and
ii
in the paragraph beginning with the words “ If you do not ”, for the word “ attached ”, substitute the words “ referred to above ”.
c
after Form 33.12, insert Forms 34A.2, 34A.4 and 34A.5 in the Schedule to this Act of Sederunt;
d
for Form 35.3, substitute Forms 35.3-A, 35.3-B, 35.3-C, 35.3-D and 35.3A-A;
e
after Form 44.3 , insert Form 45A.2 in the Schedule to this Act of Sederunt;
f
after Form 62.51, insert Form 62.65 in the Schedule to this Act of Sederunt; and
g
in Form 76.7 —
i
in the heading, for the words “section 24 of the Criminal Justice (Scotland) Act 1987”, substitute the words “paragraph 12 of Schedule 1 to the Proceeds of Crime (Scotland) Act 1995”;
ii
in the instance, for the words from “section 13” to “1987”, substitute the words “paragraph 12 of Schedule 1 to the Proceeds of Crime (Scotland) Act 1995”;
iii
in paragraph 1, for the words “Criminal Justice (Scotland) Act 1987”, substitute the words “Proceeds of Crime (Scotland) Act 1995”;
iv
in the first alternative paragraph 2, for the words “section13(1)(a) of the Act of 1987”, substitute the words “paragraph 1(1)(a) of Schedule 1 to the Act of 1995”;
v
in the second alternative paragraph 2, for the words “section 13(1)(b) of the Act of 1987”, substitute the words “paragraph 1(1)(b) of Schedule 1 to the Act of 1995”; and
vi
in paragraph 3, for the words “section 24 of the Act of 1987”, substitute the words “paragraph 12 of Schedule 1 to the Act of 1995”.
Hope of Craighead
Lord President, I.P.D.
Edinburgh,
14th August 1996


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Financial Assistance for Environmental Purposes Order 1996 and shall come into force on 1st April 1996.
Variation of section 153(1) of the Environmental Protection Act 1990
2
The following is hereby added to section 153(1) of the Environmental Protection Act 1990 after paragraph (bb) :
cc
the programme known as the Mersey Basin Campaign, in so far as it relates to the protection, improvement or better understanding of the environment, administered by the Mersey Basin Business Foundation;
dd
Going For Green Limited, in so far as the activities of that company relate to the protection, improvement or better understanding of the environment.
.
Signed by authority of the Secretary of State
James Clappison
Parliamentary Under Secretary of State,
Department of the Environment
29th February 1996


text:
Citation and commencement
1
These Regulations may be cited as the Social Security and Child Support (Jobseeker’s Allowance) (Miscellaneous Amendments) Regulations 1996 and shall come into force on 28th October 1996.
Amendment of the Jobseeker’s Allowance Regulations 1996
2
1
The Jobseeker’s Allowance Regulations 1996 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 1(3) (definitions) —
a
in the definition of “benefit week” —
i
for head (a) there shall be substituted the following head —
a
where —
i
the Secretary of State requires attendance otherwise than at regular two weekly intervals, or in the case of a claimant who is paid benefit in accordance with Part III, other than regulation 20A, of the Claims and Payments Regulations at the time he provides a signed declaration as referred to in regulation 24(6), the “benefit week” ends on such day as the Secretary of State may specify in a notice in writing given or sent to the claimant;
ii
in accordance with an award of income support that includes the relevant day, the “benefit week” ends on a Saturday, the “benefit week” shall end on a Saturday, or on such other day as the Secretary of State may specify in a notice in writing given or sent to the claimant; or
iii
in accordance with an award of unemployment benefit that includes the relevant day, the claimant is paid benefit in respect of a period of seven days ending on the week-day specified in a written notice given to him by the Secretary of State for the purpose of his claiming unemployment benefit, and that day is a Saturday, the “benefit week” shall end on a Saturday or on such other day as the Secretary of State may specify in a notice in writing given or sent to the claimant;
;
ii
in head (b) for the words “less than a week;” there shall be substituted the words —
less than a week,
and in this definition “relevant day” has the meaning it has in the Jobseeker’s Allowance (Transitional Provisions) Regulations 1995 .
;
b
in the definition of “close relative” the word “, IV ” shall be omitted;
c
after the definition of “earnings” the following definitions shall be inserted —
“earnings top-up” means the allowance paid by the Secretary of State under the Earnings Top-up Scheme;
“the Earnings Top-up Scheme” means the Earnings Top-up Scheme 1996 as amended from time to time;
.
3
In regulation 4 (interpretation of Parts II, IV and V), in the definition of “close relative” after the word “means” there shall be inserted the words “, except in Part IV,”.
4
In regulation 47 (jobseeking period) after paragraph (2) the following paragraph shall be inserted —
2A
Any period in which a claimant is entitled to a jobseeker’s allowance in accordance with regulation 11(3) of the Jobseeker’s Allowance (Transitional Provisions) Regulations 1995 shall, for the purposes of paragraph (1), be treated as a period in which he satisfies the conditions specified in paragraphs (a) to (c) and (e) to (i) of subsection (2) of section 1.
.
5
After regulation 47 (jobseeking period) the following regulation shall be inserted —
Jobseeking periods: periods of interruption of employment
47A
For the purposes of section 2(4)(b)(i) and for determining any waiting days —
a
where a jobseeking period or a linked period commences on 7th October 1996, any period of interruption of employment ending within the 8 weeks preceding the day the jobseeking period or linked period commenced,
b
where a jobseeking period or a linked period commences after 7th October 1996, any period of interruption of employment ending within the 12 weeks preceding that date,
shall be treated as a jobseeking period.
.
6
In regulation 48 (linking periods) —
a
in paragraph (2) after sub-paragraph (d) the following sub-paragraph shall be added —
e
a period which includes 6th October during which the claimant attends court in response to a summons for jury service and which was immediately preceded by a period of entitlement to unemployment benefit.
;
b
after paragraph (2) the following paragraph shall be inserted —
2A
A period is a linked period for the purposes of section 2(4)(b)(ii) of the Act only where it ends within 12 weeks or less of the commencement of a jobseeking period or of some other linked period.
.
7
In regulation 85 (special cases) —
a
in paragraph (4) at the beginning there shall be inserted the words “Subject to paragraph (4A),”;
b
after paragraph (4) there shall be inserted the following paragraph —
4A
In paragraph (4) “person from abroad” does not include any person in Great Britain who left the territory of Montserrat after 1st November 1995 because of the effect on that territory of a volcanic eruption.
;
c
for paragraph (5) the following paragraph shall be substituted —
5
A person shall continue to be treated as being in residential accommodation within the meaning of paragraph (4) if —
a
he is in, or only temporarily absent from, such residential accommodation, and the same accommodation subsequently becomes a residential care home for so long as he remains in that accommodation; or
b
on 31st March 1993 he was in, or only temporarily absent from, accommodation of a kind mentioned in regulation 21(3B) to (3E) of the Income Support Regulations .
.
8
In regulation 129 (date on which child support maintenance is to be treated as paid) —
a
in paragraph (1)(a) at the beginning there shall be inserted the words “subject to sub-paragraph (aa),”;
b
after paragraph (1)(a) there shall be inserted the following sub-paragraph —
aa
in the case of any amount of a payment which represents arrears of maintenance for a week prior to the benefit week in which the claimant first became entitled to an income-based jobseeker’s allowance, on the day of the week in which it became due which corresponds to the first day of the benefit week;
;
c
for paragraph (2) the following paragraph shall be substituted —
2
Where a payment to which paragraph (1)(b) refers is made to the Secretary of State and then transmitted to the person entitled to receive it, the payment shall be treated as paid on the first day of the benefit week in which it is transmitted or, where it is not practicable to take it into account in that week, the first day of the first succeeding benefit week in which it is practicable to take the payment into account.
.
9
In regulation 141 (circumstances in which an income-based jobseeker’s allowance is payable to a person in hardship) in paragraph (2) for the words “a reason for the delay” there shall be substituted the words “the sole reason for the delay” and at the end the words “provided he satisfies the conditions of entitlement specified in paragraph (d)(ii) of subsection (2) of section 1.” shall be added.
10
In regulation 142 (further circumstances in which an income-based jobseeker’s allowance is payable to a person in hardship) in paragraph (2) —
a
for sub-paragraph (a) there shall be substituted the following sub-paragraph —
a
the 15th day following the date of claim disregarding any waiting days; or
;
b
sub-paragraph (b) shall be omitted;
c
for the words “a reason for the delay” there shall be substituted the words “the sole reason for the delay” and at the end the words “provided he satisfies the conditions of entitlement specified in paragraph (d)(ii) of subsection (2) of section 1.” shall be added.
11
In Schedule 1 (applicable amounts) —
a
for sub-paragraph (1)(b) of paragraph 8 there shall be substituted the following sub-paragraph —
b
for any period spent by a claimant in undertaking a course of training or instruction provided or approved by the Secretary of State for Education and Employment under section 2 of the Employment and Training Act 1973 , or by Scottish Enterprise or Highlands and Islands Enterprise under section 2 of the Enterprise and New Towns (Scotland) Act 1990 or for any period during which he is in receipt of a training allowance.
;
b
in paragraph 12, for sub-head (ii) of paragraph (1)(c) there shall be substituted the following sub-head —
ii
satisfies the requirements of either sub-head (i) or (ii) of paragraph 12(1)(a); and
.
12
In Schedule 2 (housing costs) —
a
in paragraph 4, in sub-paragraph (2)(b) for the word “proceeding” there shall be substituted the word “preceding”;
b
in paragraph 13(5), after head (b) there shall be inserted the following head —
bb
a personal rate of contribution-based jobseeker’s allowance that is equal to, or exceeds, the applicable amount in his case; or
;
c
in paragraph 17 —
i
in sub-paragraph (2)(b) for the words “£10.00” there shall be substituted the words “£12.00”;
ii
in sub-paragraph (7)(b) for the words “an allowance payable” to the end there shall be substituted the words “a training allowance paid in connection with a Youth Training Scheme established under section 2 of the Employment and Training Act 1973 or section 2 of the Enterprise and New Towns (Scotland) Act 1990; or”.
13
In Schedule 5 (applicable amounts in special cases) —
a
in paragraph 7 of Column (2), for the word “£13.35” there shall be substituted the word “£13.75”;
b
in paragraph 13(2) of Column (1) —
i
the word “(b)” shall be omitted;
ii
for the word “(c)” there shall be substituted the word “(b)”; and
iii
at the end the words “had claimed a jobseeker’s allowance.” shall be added.
14
In Schedule 8 (capital to be disregarded), after sub-paragraph (b) of paragraph 12 the following sub-paragraph shall be inserted —
c
any allowance paid by the Secretary of State under the Earnings Top-up Scheme,
.
Amendment of the Jobseeker’s Allowance (Transitional Provisions) Regulations 1995
3
1
The Jobseeker’s Allowance (Transitional Provisions) Regulations 1995 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 1(2) in the definition of “training allowance” after the words “Employment and Training Act 1973” there shall be inserted the words “or section 2 of the Enterprise and New Towns (Scotland) Act 1990 ,”.
3
In regulation (5A) (Transition from Unemployment Benefit to a Jobseeker’s Allowance: further provisions) for paragraph (2) there shall be substituted the following paragraph —
2
For the purposes of paragraph (1), a person who is disqualified for receiving unemployment benefit in accordance with section 28 of the Benefits Act as in force on 6th October 1996 for the benefit week that includes 7th October 1996 shall be treated as having an award of unemployment benefit for that week.
.
4
In regulation 14 (claimants subject to disqualification or reduction in benefit) after paragraph (1) the following paragraph shall be inserted —
1A
A period of disqualification for receiving unemployment benefit as referred to in paragraph (1) shall be treated as a period during which a contribution-based jobseeker’s allowance was not payable to the claimant under section 19 and days during that period shall be treated as days of entitlement to a contribution-based jobseeker’s allowance for the purposes of section 5(1).
.
Amendment of the Social Security (Back to Work Bonus) Regulations 1996
4
1
The Social Security (Back to Work Bonus) Regulations 1996 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 1(2) (definitions) in the definition of “training allowance” after the words “Employment and Training Act 1973(a)” there shall be inserted the words “or section 2 of the Enterprise and New Towns (Scotland) Act 1990 ,”.
3
In regulation 5 (periods of entitlement which do not qualify) —
a
in paragraph (2) for the words “sums earned” there shall be substituted the words “earnings in any benefit week”;
b
after paragraph (2) the following paragraph shall be inserted —
2A
Paragraph (2) —
a
shall not apply where during a benefit week there are days of entitlement to a qualifying benefit; and
b
the formula set out in regulation 8(1)(c) shall apply to any earnings in the benefit week in which those days fall, except that “N” shall represent the number of days of entitlement to the qualifying benefit.
.
4
In regulation 7 (requirements for a bonus) in both sub-paragraphs (b)(i) and (c)(i) of paragraph (7), for the words “claims, or whose partner claims” there shall be substituted the words “becomes entitled to, or whose partner becomes entitled to,”.
5
In regulation 15 (single claimants who are couples), in paragraph (4) after the words “paragraph (1)(a)” there shall be inserted the words “or (1A)(a)”.
6
In regulation 17 (persons attaining pensionable age) —
a
after paragraph (3) the following paragraph shall be inserted —
3A
Where a person who ceases to be entitled to a jobseeker’s allowance after attaining the age of 60 becomes entitled to income support within 12 weeks of ceasing to be entitled to a jobseeker’s allowance, or after an intervening period as provided for in regulation 2, he shall be entitled to a bonus in accordance with paragraph (1)(a) on the day he claims income support, and notwithstanding paragraph (3) his bonus period shall be treated as ending on the day he claims income support.
;
b
in paragraph (4) for the words “12 weeks of” there shall be substituted the words “12 weeks before”;
c
after paragraph (4) the following paragraph shall be inserted —
4A
Where a person to whom paragraph (4) applies becomes entitled to income support within the period of 12 weeks after he attains the age of 60, or, as the case may be, pensionable age, or after an intervening period as provided for in regulation 2, he shall be entitled to a bonus notwithstanding his failure to satisfy any one of the conditions specified in regulation 7.
.
7
In regulation 21 (share fishermen) after the words “share fishermen” there shall be inserted the words “who are entitled to a contribution-based jobseeker’s allowance,”.
Amendment of the Social Security (General Benefit) Regulations 1982
5
1
The Social Security (General Benefit) Regulations 1982 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 9, (payment of benefit and suspension of payments pending a decision on appeals or references, arrears and repayments) after paragraph (5) the following paragraphs shall be inserted —
5A
Where a person —
a
has received a contribution-based jobseeker’s allowance in respect of one or more days in one or more periods of entitlement to a jobseeker’s allowance; and
b
is subsequently awarded a contribution-based jobseeker’s allowance in respect of one or more days which fell before the days mentioned in sub-paragraph (a) (“the earlier period”); and
c
in consequence of the award mentioned in sub-paragraph (b) the number of days on which a person was entitled to a contribution-based jobseeker’s allowance exceeds the number of days specified for the purposes of section 5(1) of the Jobseekers Act 1995 (duration of a contributions-based jobseeker’s allowance),
then any benefit which would, but for this provision, have become overpaid if the amount due under the subsequent award was paid shall be treated as having been paid in respect of the earlier period and the amount due to be paid under the subsequent award shall be reduced accordingly.
5B
Where a person —
a
has received a contribution-based jobseeker’s allowance in respect of one or more days in one or more periods of entitlement to a jobseeker’s allowance;
b
is subsequently awarded unemployment benefit in respect of one or more days that fell before 7th October 1996 or in the benefit week that includes 7th October 1996 (“the earlier period”); and
c
in consequence of the award mentioned in sub-paragraph (b) the number of days on which a person was entitled to a contribution-based jobseeker’s allowance exceeds the number of days specified for the purposes of section 5(1) of the Jobseekers Act 1995 (duration of a contribution-based jobseeker’s allowance) or regulation 7(3) (claims for entitlement to a jobseeker’s allowance) of the Jobseeker’s Allowance (Transitional Provisions) Regulations 1995 ,
then any benefit which would, but for this provision, have become overpaid if the amount due under the subsequent award was paid shall be treated as having been paid in respect of the earlier period and the amount due under the subsequent award shall be reduced accordingly.
5C
Where on appeal or review a decision is reversed or varied or revised and by reason thereof any sum on account of a contribution-based jobseeker’s allowance is shown to have been paid to any person in respect of days for which he was not entitled to it, then, in determining for the purposes of section 5(1) of the Jobseekers Act 1995 whether that person has exhausted his right to that benefit and what is the last day for which he was entitled to it —
a
any period for which such sum has been paid in pursuance of the original decision shall be treated as if it was a period for which that person was entitled to that benefit notwithstanding that that period is not a period of entitlement to a contribution-based jobseeker’s allowance;
b
where any sum has been so paid to such a person and that sum or any part thereof is recovered, then there shall be excluded for the purposes of the said determination under section 5(1) of the Jobseekers Act 1995 a number of days (to the nearest whole number) equal to the number to be obtained by dividing the amount recovered by one seventh (rounded to the nearest penny) of the weekly rate at which benefit was paid.
5D
Paragraph (5C) shall not apply to a period for which there would have been entitlement to a contribution-based jobseeker’s allowance but for a payment by the Secretary of State in accordance with section 182 of the Employment Rights Act 1996 (employee’s rights on insolvency of employer), in respect of a sum owed by that person’s former employer, where the Secretary of State, in calculating the payment, has made a deduction from that sum on account of any contribution-based jobseeker’s allowance received.
.
Amendment of the Child Support (Maintenance Assessment Procedure) Regulations 1992
6
1
The Child Support (Maintenance Assessment Procedure) Regulations 1992 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 37 (modification of reduction under a reduced benefit direction to preserve minimum entitlement to relevant benefit) —
a
in paragraph (aa) for the words “26A(10) of those Regulations;” there shall be substituted the words “87A of the Jobseeker’s Allowance Regulations 1996 ;”;
b
in paragraph (b) at the end for the words “of those regulations” there shall be substituted the words “of the Social Security (Claims and Payments) Regulations 1987”.
3
In regulation 40A in both paragraphs (1) and (3) after the words “income support” there shall be inserted the words “or an income-based jobseeker’s allowance”.
Revocations
7
Regulation 27 of the Jobseeker’s Allowance and Income Support (General) (Amendment) Regulations 1996 is revoked.
Signed in relation to regulation 2(2)(a) and (b) and (3) of the Regulations by authority of the Secretary of State for Education and Employment.
Eric Forth
Minister of State,
Department for Education and Employment
7th October 1996
Signed in relation to the remainder of the Regulations by authority of the Secretary of State for Social Security.
Roger Evans
Parliamentary Under-Secretary of State,
Department of Social Security
7th October 1996


text:
1
This Order may be cited as The Warwickshire College for Agriculture, Horticulture and Equine Studies (Dissolution) Order 1996 and shall come into force on 1st August 1996.
2
On 1st August 1996 the College shall be dissolved and all of its property, rights and liabilities shall be transferred to Mid Warwickshire College, being a body corporate established for purposes which include the provision of educational facilities or services.
3
Section 26(2), (3) and (4) of the Act shall apply to any person employed by the College immediately before 1st August 1996 as if the references in that section —
a
to a person to whom that section applies were to a person so employed;
b
to the operative date were to 1st August 1996;
c
to the transferor were to the College; and
d
to the corporation were to Mid Warwickshire College.
James Paice
Parliamentary Under-Secretary of State,
Department for Education and Employment
28th June 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Oil and Chemical Pollution of Salmon and Migratory Trout) Order 1996 and shall come into force on 20th March 1996.
2
In this Order —
“migratory trout” means fish of the species Salmo trutta L. ;
“relevant time” means one minute past midnight on 19th March 1996; and
“salmon” means fish of the species Salmo salar L.
Designated circumstances
2
In the opinion of the Secretary of State salmon and migratory trout in the areas designated in article 3 below may be affected by oil or other chemical substances which are likely to create a hazard to human health if they are consumed.
Designated area
3
The areas described in the Schedule to this Order are hereby designated for the purposes of Part I of the Food and Environment Protection Act 1985.
Activities prohibited in the designated areas
4
No person shall fish for and take any salmon or migratory trout in a designated area.
Prohibition on movement
5
No person shall move any salmon or migratory trout out of a designated area.
Restrictions throughout the United Kingdom
6
No person shall in the United Kingdom or in United Kingdom waters —
a
use any salmon or migratory trout taken out of a designated area after the relevant time in the preparation or processing for supply of food and anything from which food could be derived,
b
land any salmon or migratory trout which were in waters in a designated area after the relevant time,
c
supply, or have in possession for supply, any salmon or migratory trout which were in a designated area after the relevant time,
d
supply, or have in possession for supply, any food or anything from which food could be derived in the preparation or processing of which anything was used in contravention of paragraph (a) of this article,
e
feed to any creature a feeding stuff in the preparation or processing of which anything was used in contravention of paragraph (a) of this article.
Rod Richards,
Parliamentary Under Secretary of State,
Welsh Office
19th March 1996


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Housing Benefit and Council Tax Benefit (Subsidy) Amendment Regulations 1996 and shall come into force on 11th June 1996.
2
In these Regulations —
“the Subsidy Regulations ” means the Housing Benefit and Council Tax Benefit (Subsidy) Regulations 1994 .
Amendment of regulation 1(2) of the Subsidy Regulations
2
In regulation 1(2) of the Subsidy Regulations (interpretation) there shall be inserted, after the definition of “the Subsidy Order 1995”, the following definition —
“the Subsidy Order 1996” means the Housing Benefit and Council Tax Benefit (Subsidy) Order 1996 .
Amendment of the Schedule to the Subsidy Regulations
3
1
The Schedule to the Subsidy Regulations (prescribed particulars relating to claims for housing benefit and council tax benefit subsidy for the relevant year) shall be amended in accordance with the following provisions of this regulation.
2
For paragraph 12 there shall be substituted the following paragraph —
12
The total rent allowance expenditure in the relevant year attributable to tenancies liable to determinations by the rent officer —
a
under the Rent Officers (Additional Functions) Order 1995 or as the case may be the Rent Officers (Additional Functions) (Scotland) Order 1995 ; and
b
where the application for determination by the Rent Officer was made before 2nd January 1996, under the Rent Officer (Additional Functions) Order 1990 or as the case may be the Rent Officers (Additional Functions) (Scotland) Order 1990 .
3
For paragraph 13 there shall be substituted the following paragraph —
13
The total rent allowance expenditure in the relevant year as specified in each of the following paragraphs —
a
expenditure on eligible rents in respect of deregulated housing association tenancies not referred to a rent officer;
b
expenditure in cases subject to referral to a rent officer for determination, but where no such referral was made;
c
expenditure in cases referred to a rent officer before 2nd January 1996, and in cases to which regulation 10 of the Housing Benefit (General) Amendment Regulations 1995 applies, which falls under each of the following sub-paragraphs —
i
weekly eligible rents which do not exceed any determination made under the Orders to which paragraph 12 above refers;
ii
expenditure representing the difference between the property-specific rent for the accommodation and the size-related rent in cases where a rent officer has determined that accommodation is unreasonably large but has not determined a high rent under —
aa
paragraph 2A (high rent determinations) of Schedule 1 to the Rent Officers (Additional Functions) Order 1995 or as the case may be the Rent Officers (Additional Functions) (Scotland) Order 1995; or
bb
in a case where the application for a determination by the rent officer is made on or after 2nd January 1996, paragraph 3 of the Rent Officers (Additional Functions) Order 1995 or as the case may be the Rent Officers (Additional Functions) (Scotland) Order 1995,
incurred over a period of up to 13 calendar weeks;
iii
that part of the weekly eligible rents which exceeded the relevant rent, in respect of a case to which paragraph 5 of Schedule 6 to the Subsidy Order 1996 (no restriction on unreasonable rents or on rent increases) applies other than expenditure to which sub-paragraph (ii) of this paragraph refers;
iv
expenditure to which paragraph 7 of Schedule 6 to the Subsidy Order 1996 (deductions in respect of allowances) applies;
d
expenditure in cases referred to a rent officer and determined in accordance with regulations 10 and 11 of the 1987 Regulations as in force on 2nd January 1996;
e
expenditure incurred by an authority resulting from the authority placing on the ineligible amounts a value less than that placed by the rent officer.
.
4
For paragraph 16 there shall be substituted the following paragraph —
16
The total expenditure in the relevant year in respect of increases of benefit under each of regulation 61(2) or (3) of the 1987 Regulations and regulation 51(5) or 54(4) of the 1992 Regulations (increases of weekly benefit for exceptional circumstances), as the case may be.
.
Savings and transitional
4
The Subsidy Regulations, as previously in force, shall continue to apply to any claims for subsidy, particulars to be supplied therewith and conditions and questions relating to payment of subsidy under the Act for any relevant year before 1st April 1996, as if these Regulations had not been made.
Signed by authority of the Secretary of State for Social Security.
Roger Evans
Parliamentary Under-Secretary of State,
Department of Social Security
15th May 1996


text:
PART I
INTERPRETATION AND GENERAL
Citation and commencement
1
These Regulations may be cited as the Offshore Installations and Wells (Design and Construction, etc.) Regulations 1996 and shall come into force on 30th June 1996.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“the 1992 Regulations ” means the Offshore Installations (Safety Case) Regulations 1992 ;
“the 1995 Order ” means the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 1995 ;
“the 1995 Regulations ” means the Offshore Installations and Pipeline Works (Management and Administration) Regulations 1995 ;
“concession owner” in relation to a well, means the person who at any time has the right to exploit or explore mineral resources in any area or to store gas in any area and to recover gas so stored if, at that time, the well is, or is to be, used in the exercise of that right;
“duty holder” in relation to an installation, means the person who is the duty holder as defined by regulation 2(1) of the 1995 Regulations in relation to that installation;
“environmental conditions” means —
meteorological and oceanological conditions; and
properties and configuration of the sea-bed and subsoil;
“ the Executive ” means the Health and Safety Executive;
“fixed installation” means an installation other than a mobile installation;
“installation” means an offshore installation within the meaning of regulation 3, except sub-paragraphs (a) and (b), and paragraph (ii) of sub-paragraph (c) of paragraph (3), of the 1995 Regulations;
“integrity” means structural soundness and strength, stability and, in the case of a floating installation, buoyancy in so far as they are relevant to the health and safety of persons;
“management system” means the organisation and arrangements established by a person for managing his undertaking;
“mobile installation” means an installation (other than a floating production platform) which can be moved from place to place without major dismantling or modification, whether or not it has its own motive power;
“safety case” means a document described in regulation 2(2) of the 1992 Regulations which is required to be prepared pursuant to a provision of those Regulations;
“traffic route” means a route for pedestrians, vehicles or both and includes any stairs, staircase, fixed ladder, doorway, gateway, loading bay or ramp;
“well” means —
a well made by drilling; and
a borehole drilled with a view to the extraction of minerals through it or another well,
and shall be deemed to include any device on it for containing the pressure in it;
“well intervention operation” means an operation in which a well is re-entered for a purpose other than to continue drilling or to maintain or repair it;
“well-operator”, in relation to a well, means the person appointed by the concession owner for a well to execute the function of organising and supervising all operations to be carried out by means of such well or, where no such person has been appointed, the concession owner;
“workover operation” means an operation in which a well is re-entered for the purpose of maintaining or repairing it; and
“workplace” means any workroom or other place on an installation used mainly for the performance of work, and does not include a traffic route.
2
Any reference in these Regulations to operating an installation is a reference to using it for any of the purposes described in regulation 3(1) of the 1995 Regulations.
3
Where a duty holder in relation to an installation, or a well-operator, is succeeded by a new duty holder or well-operator, anything done in compliance with these Regulations by the former duty holder or operator in relation to the installation or the well shall, for the purpose of these Regulations, be treated as having been done by his successor.
4
Unless the context otherwise requires —
a
any reference in these Regulations (apart from Schedule 2) to —
i
a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered; and
ii
a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which the reference appears; and
b
any reference in Schedule 2 to a numbered regulation or Schedule is a reference to the regulation or Schedule in the 1992 Regulations so numbered.
Application
3
1
Subject to paragraphs (2) and (3), these Regulations shall apply —
a
in Great Britain; and
b
to and in relation to installations, wells and activities outside Great Britain to which sections 1 to 59 and 80 to 82 of the 1974 Act apply by virtue of articles 4(1) and (2)(b) and 5 of the 1995 Order.
2
These Regulations shall apply to a well in Great Britain, and activities in relation to it, only if —
a
it is drilled from an installation; or
b
it is drilled with a view to the extraction of petroleum.
3
In paragraph (2) “petroleum” means any mineral oil or relative hydrocarbon and natural gas existing in its natural condition in strata, but does not include coal or bituminous shales or other stratified deposits from which oil can be extracted by destructive distillation.
PART II
INTEGRITY OF INSTALLATIONS
General duty
4
1
The duty holder shall ensure that an installation at all times possesses such integrity as is reasonably practicable.
2
The provisions contained in regulations 5 to 10 are without prejudice to the generality of the provision contained in this regulation.
Design of an installation
5
1
The duty holder shall ensure that the designs to which an installation is to be or in the event is constructed are such that, so far as is reasonably practicable —
a
it can withstand such forces acting on it as are reasonably foreseeable;
b
its layout and configuration, including those of its plant, will not prejudice its integrity;
c
fabrication, transportation, construction, commissioning, operation, modification, maintenance and repair of the installation may proceed without prejudicing its integrity;
d
it may be decommissioned and dismantled safely; and
e
in the event of reasonably foreseeable damage to the installation it will retain sufficient integrity to enable action to be taken to safeguard the health and safety of persons on or near it.
2
The duty holder shall ensure that an installation is composed of materials which are —
a
suitable, having regard to the requirement in regulation 4; and
b
so far as is reasonably practicable, sufficiently proof against or protected from anything liable to prejudice its integrity.
Work to an installation
6
The duty holder shall ensure that work of fabrication, construction, commissioning, modification, maintenance and repair of an installation, and activity in preparation for the positioning of an installation, are carried out in such a way that, so far as is reasonably practicable, its integrity is secured.
Operation of an installation
7
1
The duty holder shall ensure that the installation is not operated in such a way as may prejudice its integrity.
2
The duty holder shall ensure that the installation is not operated unless —
a
appropriate limits within which it is to be operated; and
b
the environmental conditions in which it may safely operate,
have been recorded.
3
The duty holder shall ensure that a record of the matters described in paragraph (2) is kept on the installation, readily available to any person involved in its operation.
4
The duty holder shall ensure that the matters described in paragraph (2) are reviewed as often as may be appropriate.
Maintenance of integrity
8
1
The duty holder shall ensure that suitable arrangements are in place for maintaining the integrity of the installation, including suitable arrangements for —
a
periodic assessment of its integrity; and
b
the carrying out of remedial work in the event of damage or deterioration which may prejudice its integrity.
2
Paragraph (1) shall not apply —
a
to a fixed installation while its structure is not yet established at the location at which it is to be operated; or
b
to a mobile installation under construction which is not yet able to be moved.
Reporting of danger to an installation
9
1
The duty holder shall ensure that, within 10 days after the appearance of evidence of a significant threat to the integrity of an installation, a report is made to the Executive in writing identifying such threat and specifying any action taken or to be taken to avert it.
2
Paragraph (1) shall not apply to anything of which the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 require a report to be made.
Decommissioning and dismantlement
10
The duty holder shall ensure that an installation is decommissioned and dismantled in such a way that, so far as is reasonably practicable, it will possess sufficient integrity to enable such decommissioning and dismantlement to be carried out safely.
PART III
FURTHER REQUIREMENTS RELATING TO INSTALLATIONS
Helicopter landing area
11
The duty holder shall ensure that every helicopter landing area forming part of an installation —
a
is large enough, and has sufficient clear approach and departure paths, to enable any helicopter intended to use the landing area safely to land thereon and to take off therefrom in any wind and weather conditions permitting helicopter operations; and
b
is otherwise of a design and construction adequate for its purpose.
Additional requirements
12
1
Subject to paragraph (3), the duty holder shall ensure that the additional requirements set out in Schedule 1 are complied with in relation to an installation, while it is in use, unless in the case of any such requirement it would not prejudice the health, safety or welfare of any person if it were not complied with.
2
While there are persons on a fixed installation which is —
a
being completed at the place where it is to be operated; or
b
being decommissioned or dismantled,
the duty holder shall ensure that such of the requirements contained in Schedule 1 are complied with, and to such extent, as is reasonably practicable in the circumstances.
3
In the case of an installation which was commissioned before the coming into force of these Regulations, it shall be sufficient compliance with paragraph (1) where the additional requirements are complied with in each case as soon as possible and no later than 3rd November 1999.
4
The requirements contained in this regulation shall apply without prejudice to the requirements of the other relevant statutory provisions relating to the installation.
PART IV
WELLS
General duty
13
1
The well-operator shall ensure that a well is so designed, modified, commissioned, constructed, equipped, operated, maintained, suspended and abandoned that —
a
so far as is reasonably practicable, there can be no unplanned escape of fluids from the well; and
b
risks to the health and safety of persons from it or anything in it, or in strata to which it is connected, are as low as is reasonably practicable.
2
The provisions of regulations 14 to 19 and 21 are without prejudice to the generality of the requirements of paragraph (1) save that, where regulation 17(2) places a duty on the duty holder for an installation, the well-operator is not under the same duty.
Assessment of conditions below ground
14
1
Before the design of a well is commenced the well-operator shall cause —
a
the geological strata and formations, and fluids within them, through which it may pass; and
b
any hazards which such strata and formations may contain,
to be assessed.
2
The well-operator shall ensure that account is taken of the assessment required by paragraph (1) when the well is being designed and constructed.
3
The well-operator shall ensure that, while an operation (including the drilling of the well) is carried out in relation to the well, those matters described in sub-paragraphs (a) and (b) of paragraph (1) shall, so far as is reasonably practicable, be kept under review and that, if any change is observed in those matters, such modification is made, where appropriate, to —
a
the design and construction of the well; or
b
any procedures,
as are necessary to ensure that the purposes described in regulation 13(1) will continue to be fulfilled.
Design with a view to suspension and abandonment
15
The well-operator shall ensure that a well is so designed and constructed that, so far as is reasonably practicable —
a
it can be suspended or abandoned in a safe manner; and
b
after its suspension or abandonment there can be no unplanned escape of fluids from it or from the reservoir to which it led.
Materials
16
The well-operator shall ensure that every part of a well is composed of material which is suitable for achieving the purposes described in regulation 13(1).
Well control
17
1
Before an operation in relation to a well (including the drilling of a well) is begun elsewhere than at a borehole site to which the Borehole Sites and Operations Regulations 1995 apply, the well-operator shall ensure that suitable well control equipment is provided for use during such operations to protect against blowouts.
2
In the case of an operation to which paragraph (1) applies which is begun —
a
from an installation, the duty holder; and
b
otherwise than from an installation, the well-operator,
shall ensure that equipment provided pursuant to paragraph (1) is deployed when the prevailing well and operational conditions so require.
Arrangements for examination
18
1
Before the design of a well is commenced or adopted the well-operator shall make and put into effect arrangements relating to the well of a kind described in paragraph (2) or (where such arrangements already have effect in relation to another well) apply such arrangements, with any appropriate modifications, to the well.
2
The arrangements referred to in paragraph (1) are arrangements in writing for such examinations, by independent and competent persons, of any part of the well, or similar well, information, or work in progress, and the making of such reports and recommendations, as are suitable for ensuring (with the assistance of such other measures as the well-operator takes) that the well is so designed and constructed, and is maintained in such repair and condition, that —
a
so far as is reasonably practicable, there can be no unplanned escape of fluids from the well; and
b
risks to the health and safety of persons from it or anything in it, or in strata to which it is connected, are as low as is reasonably practicable.
3
The well-operator shall review and revise the arrangements as often as may be appropriate.
4
The well-operator shall ensure that the arrangements, any revision of them, and reports and recommendations pursuant to them are kept at an address in Great Britain notified to the Executive, until the expiration of six months after the arrangements and any revision of them cease to be current.
5
In the case of a well which, at the coming into force of these Regulations, is completed, the well-operator shall make and put into effect or (as the case may be) apply the arrangements described in paragraph (1) within 1 year after such coming into force.
6
In the case of a well, the design of which was commenced or adopted before the coming into force of these Regulations, but which is not, at such coming into force, completed, the well-operator shall make and put into effect or (as the case may be) apply the arrangements described in paragraph (1) —
a
forthwith; or
b
within 1 year after such coming into force, in a case where a well consent was given not more than 1 year before such coming into force.
7
For the purpose of this regulation a person shall be regarded as independent only where —
a
his examination will not involve the consideration by him of an aspect, of a thing liable to be examined, for which he bears or has borne such responsibility as might compromise his objectivity; and
b
he will be sufficiently independent of a management system, or of a part thereof, which bears or has borne any responsibility for an aspect, which he might consider, of a thing liable to be examined, to ensure that he will be objective in discharging his function.
8
In this regulation “well consent” means a consent in writing of the Secretary of State for Trade and Industry to the commencement of drilling of the well required by paragraph (1) of —
a
clause 19 of the model clauses contained in Schedule 4 to the Petroleum (Production) (Seaward Areas) Regulations 1988 ;
b
clause 15 of the model clauses contained in Schedule 6 to the Petroleum (Production) (Landward Areas) Regulations 1991 ;;
c
clause 17 of the model clauses contained in Schedule 3 to the Petroleum (Production) (Landward Areas) Regulations 1995 ,
in a case where the clause is, pursuant to the relevant Regulations, incorporated in a licence.
Provision of drilling etc. information
19
1
Where an operation to which this paragraph applies is being carried out on a well the well-operator shall cause to be sent to the Executive, at such intervals as may be agreed or, failing agreement, at intervals of one week calculated from its commencement, a report comprising the following information —
a
the identifying number, and any slot number, of the well;
b
the name of any installation or vessel involved;
c
a summary of the activity in the course of the operation since its commencement, or the previous report;
d
the diameter and true vertical and measured depths of —
i
any hole drilled; and
ii
any casing installed;
e
the drilling fluid density immediately before making the report; and
f
in the case of an existing well, its current operational state.
2
Paragraph (1) applies to —
a
a drilling operation;
b
a workover operation;
c
an abandonment operation;
d
an operation consisting in the completion of a well;
e
any other operation of a kind involving substantial risk of the unplanned escape of fluids from a well.
Co-operation
20
Every person who is, or is to be concerned (in whatever capacity) in an operation in relation to a well (including the drilling of a well) shall co-operate with the well-operator so far as is necessary to enable him to discharge his duties under regulations 13(1) and 17.
Information, instruction, training and supervision
21
In the case of a drilling, well intervention or workover operation to be carried out on a well —
a
from an installation, the duty holder; and
b
otherwise than from an installation, the well-operator,
shall ensure that the operation is not carried out, unless it is carried on in circumstances where the persons carrying out the operation have received such information, instruction and training, and are being so supervised, that the risk to health and safety from such operation is reduced to the lowest level that is reasonably practicable.
PART V
MISCELLANEOUS
Defence
22
1
In any proceedings for an offence for a contravention of any of the provisions of regulations 5 and 6 it shall, subject to paragraphs (2) and (3), be a defence for the person charged to prove —
a
that the commission of the offence was due to the act or default of another person not being one of his employees (hereinafter called “the other person”); and
b
that he took all reasonable precautions, and exercised all due diligence, to avoid the commission of the offence.
2
The person charged shall not, without the leave of the court, be entitled to rely on the defence in paragraph (1) unless, within a period ending seven clear days —
a
before the hearing to determine mode of trial, where the proceedings are in England or Wales; or
b
before the trial, where the proceedings are in Scotland,
he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of the other person as was then in his possession.
3
For the purpose of enabling the other person to be charged with and convicted of the offence by virtue of section 36 of the 1974 Act, a person who establishes a defence under this regulation shall nevertheless be treated for the purposes of that section as having committed the offence.
Certificates of exemption
23
1
Subject to paragraph (2) and to any of the provisions imposed by the Communities in respect of the encouragement of improvements in the safety and health of workers at work, the Executive may, by a certificate in writing, exempt any person, installation, well or class of persons, installations or wells from any requirement or prohibition imposed by these Regulations and any such exemption may be granted subject to conditions and with or without limit of time and may be revoked by a certificate in writing at any time.
2
The Executive shall not grant any such exemption unless, having regard to the circumstances of the case and, in particular, to —
a
the conditions, if any, which it proposes to attach to the exemption; and
b
any other requirements imposed by or under any enactments which apply to the case,
it is satisfied that the health and safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it.
Transitional provision
24
1
Where, at the coming into force of these Regulations, a Certificate of Fitness in relation to an installation is in force or such Certificate has been applied for, the provisions of the 1974 Regulations shall (notwithstanding their revocation by regulation 27 and Schedule 3) be deemed to remain in force in relation to that installation, with the modifications contained in paragraph (2), until —
a
the expiration of any Certificate of Fitness without its having been renewed;
b
the expiration of two years from the coming into force of these Regulations; or
c
the receipt by the Executive of a notification by the duty holder for the installation and the Certifying Authority which issued the last Certificate of Fitness relating to the installation that they no longer wish the 1974 Regulations to be deemed to be in force in relation to the installation,
whichever first occurs.
2
The 1974 Regulations shall be deemed, for the purpose of paragraph (1), to be modified —
a
in regulation 11(3) of those Regulations by inserting, after the words “that regulation”, the words “not exceeding two years from the coming into force of the Offshore Installations and Wells (Design and Construction, etc.) Regulations 1996”;
b
by substituting, for any reference to the “owner”, a reference to the person who is the duty holder within the meaning of these Regulations; and
c
by treating those Regulations for purposes of enforcement (but not of interpretation) as if they were set out herein.
3
In this regulation —
“the 1974 Regulations” means the Offshore Installations (Construction and Survey) Regulations 1974 ;
“Certificate of Fitness” and “Certifying Authority” have the same meaning as in the 1974 Regulations.
Repeal of section 3 of the Mineral Workings (Offshore Installations) Act 1971
25
Section 3 of the Mineral Workings (Offshore Installations) Act 1971 is hereby repealed.
Modification of the Offshore Installations (Safety Case) Regulations 1992
26
The 1992 Regulations shall have effect subject to the modifications specified in Schedule 2.
Revocation
27
The instruments specified in column 1 of Schedule 3 are hereby revoked to the extent specified in column 3 of the Schedule.
Signed by authority of the Secretary of State.
Paul Beresford
Parliamentary Under Secretary of State,
Department of the Environment
25th March 1996


text:
Citation and commencement
1
These Regulations may be cited as the Hydrocarbon Oil (Designated Markers) Regulations 1996 and shall come into force on 1st June 1996.
Designation of markers
2
1
It appears to the Commissioners that the markers designated by paragraph (2) below are used for the purposes of the law of the United Kingdom (except for 2-Furaldehyde) and for the purposes of the law of places outside the United Kingdom for identifying hydrocarbon oil that is not to be used as fuel for road vehicles.
2
For the purposes of section 24A of the Hydrocarbon Oil Duties Act 1979 the following markers are hereby designated —
1,4-dihydroxanthraquinone;
4-[N-ethyl-2-(l-isobutoxyethoxy)ethylamino]azobenzene;
2-Furaldehyde;
Coumarin.
D. J. Howard
Commissioner of Customs and Excise
New King’s Beam House,
22 Upper Ground,
London,
SE1 9PJ
8th May 1996


text:
Citation and commencement
1
These Regulations may be cited as the Housing (Deferred Action and Charge for Enforcement Action) (Forms) Regulations 1996 and shall come into force on 17th December 1996.
Prescribed Forms
2
The forms set out in the Schedule to these Regulations, or forms substantially to the like effect, shall be the forms used for the following purposes of the Housing Grants, Construction and Regeneration Act 1996 —
1
Form 1 for a deferred action notice under sections 81 and 82 in respect of a dwelling-house or house in multiple occupation which is unfit;
2
Form 2 for a deferred action notice under sections 81 and 82(2) in respect of premises containing an unfit flat;
3
Forms 3 and 4, as appropriate, for a notice of a decision to renew a deferred action notice under section 84; and
4
Form 5 for a demand for payment of a charge for enforcement action under sections 87 and 88.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
15th November 1996
William Hague
Secretary of State for Wales
18th November 1996


text:
1
This Instrument may be cited as “the County Council of Northumberland (Duplicate North Seaton Bridge) Scheme 1995 Confirmation Instrument 1995” and shall come into force on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
2
The County Council of Northumberland (Duplicate North Seaton Bridge) Scheme 1995 (“the Scheme”) is hereby confirmed with modifications.
3
The Scheme as confirmed is set out in the Schedule hereto and copies of the Scheme with its accompanying plans as modified are deposited at the offices of the Department of Transport, Great Minister House, 76 Marsham Street, London SW1P 4DR, and at the offices of the Council of Northumberland County Council, County Hall, Morpeth, Northumberland NE61 2EF.
Signed by authority of the Secretary of State for Transport
Pamela Denham
Regional Director, Government Office for the North East
18th April 1996