text:
PART I
GENERAL
Citation and commencement
1
This Order may be cited as the Berkshire (Structural Change) Order 1996 and shall come into force for the purposes of articles 2(2), 4(2) and (3), 6 and 9 to 15 on the day after the day on which it is made and for all other purposes on 1st April 1998.
Interpretation
2
1
In this Order —
“ the Act ” means the Local Government Act 1992;
“the 1972 Act ” means the Local Government Act 1972 ;
“Berkshire” means the Royal County of Berkshire and “the County Council” means the council of that county;
“ Berkshire district ” means a district in Berkshire and “Berkshire district council” means a council of such a district;
“the relevant date” means 5th May 1997;
“relevant provision” means a provision in any subordinate legislation made under the Act or made, in connection with the Act or such provision, under any other enactment;
“the reorganisation date” means 1st April 1998; and
“subordinate legislation” has the same meaning as in section 21 of the Interpretation Act 1978 .
2
The period beginning with the relevant date and ending immediately before the reorganisation date is specified as the preliminary period for the purposes of any statutory instrument made under the Act.
PART II
LOCAL GOVERNMENT REORGANISATION IN BERKSHIRE
Structural change
3
The County Council shall be wound up and dissolved and the functions of that council in relation to each Berkshire district shall, subject to the following provisions of this Part and to any other relevant provision, be transferred to the council of that district.
Fire services
4
1
Each Berkshire district shall, subject to any combination scheme under the Fire Services Act 1947 (“the 1947 Act ”), become the area of a fire authority for the purposes of that Act.
2
For the purposes of the making of a combination scheme with respect to Berkshire before the reorganisation date in accordance with section 10 of the 1947 Act (power to make schemes in advance of alterations to local government areas), section 5(2) of that Act shall have effect, in relation to Berkshire, as if —
a
in paragraphs (a) and (d) of that subsection, for “the constituent authorities”, wherever those words occur, there were substituted “the council of the county of Berkshire”; and
b
in paragraphs (e) and (f) of that subsection, for “any of the constituent authorities” there were substituted “the council of the county of Berkshire”.
3
Section 10 of the 1947 Act shall have effect, in relation to Berkshire, as if after the word “but” there were inserted the words “, except so far as it relates to the constitution of an authority as the fire authority for the combined area constituted by the scheme and the performance by that authority of any functions necessary for bringing the scheme into full operation on that date,”.
Planning functions
5
1
The structure plan applying immediately before the reorganisation date to Berkshire and any proposals prepared before that date for the alteration or replacement of that plan shall be treated as if they had been prepared jointly by the Berkshire district councils; and section 50 of the Town and Country Planning Act 1990 (“the 1990 Act ”) shall apply accordingly.
2
In relation to a Berkshire district council —
a
section 36(5) of the 1990 Act (which provides that a local plan shall not contain policies in respect of minerals or waste) shall not apply;
b
subsection (1) of section 37 of that Act (minerals local plans) shall have effect as if, after the words “local plan”, there were added the words “or include in their local plan their detailed policies in respect of development consisting of the winning and working of minerals or involving the deposit of mineral waste”; and
c
subsection (2) of section 38 of that Act (waste policies) shall have effect as if, after paragraph (b), there were added the following —
or
c
include their waste policies in their local plan.
.
Designated authority
6
1
The council of the borough of Reading is specified as the designated authority for the purposes of —
a
the Local Government Changes for England (Finance) Regulations 1994 ; and
b
regulation 6(8) and Part III of the Local Government Changes for England (Property Transfer and Transitional Payments) Regulations 1995 .
2
For the purposes of Part V of the Local Government Changes for England (Miscellaneous Provision) Regulations 1996 (miscellaneous employment matters) , the designated authority in respect of an eligible person (within the meaning of that Part) formerly employed by the County Council shall be the council of the district of Newbury.
Superannuation fund
7
The superannuation fund maintained by the County Council by virtue of regulations made under section 7 of the Superannuation Act 1972 (local government superannuation) , together with all rights and liabilities in respect of the fund, shall vest in the council of the Royal Borough of Windsor and Maidenhead.
Berkshire Act 1986
8
1
On and after the reorganisation date the Berkshire Act 1986 shall have effect subject to the modification in paragraph (2) below, and to such other modifications as are necessary for the purpose of securing the full and effective application of the Act.
2
Section 14(3)(c)(ii) shall have effect as if for the words from “the highway authority” (where first occurring) to the end of the paragraph there were substituted the words “and the highway authority (if any) for the street in question, if the district council are not the highway authority”.
PART III
ELECTORAL ARRANGEMENTS
Electoral areas in Newbury and elections in Newbury in 1997 and subsequent years
9
1
For the purposes of an election held on or after 1st May 1997, the existing wards of the district of Newbury (“Newbury”) shall be abolished and Newbury shall be divided into thirty-one wards which shall bear the names set out in column (1) of the Schedule to this Order.
2
The wards shall comprise the areas respectively described (in the manner described in paragraph (3) below) in column (2) of that Schedule, and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
3
The areas of the wards are described by reference to existing parishes or existing parish wards or, or and, as the case may be, are shown on one or more of the 4 maps prepared by the Department of the Environment, marked “Maps of the Berkshire (Structural Change) Order 1996”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
4
Elections of all councillors of the council of Newbury shall be held simultaneously on the ordinary day of election of non-metropolitan district councillors in 1997, 2000, 2003 and every fourth year after 2003 .
5
The term of office of any councillor so elected shall be, in the case of the councillors elected in 1997 and 2000, three years and, in any other case, four years.
6
On the fourth day after any such elections —
a
the persons who were councillors immediately before those elections shall retire; and
b
the newly elected councillors shall come into office.
7
With effect from 1st May 1997, the District of Newbury (Electoral Arrangements) Order 1979 is revoked .
Additional councillor in Slough
10
For the purposes of any election held on or after 1st May 1997 the number of councillors for the Colnbrook and Poyle ward in the borough of Slough shall be two.
PART IV
TRANSITIONAL PROVISION
Elections in Bracknell Forest and Windsor and Maidenhead in 1997 and subsequent years
11
1
The District of Bracknell (Electoral Arrangements) Order 1977 and the Royal Borough of Windsor and Maidenhead (Electoral Arrangements) Order 1980 shall have effect subject to the provisions of this article.
2
Elections of all councillors of the councils of the borough of Bracknell Forest and the Royal Borough of Windsor and Maidenhead shall be held simultaneously on the ordinary day of election of councillors in 1997, 2000, 2003 and every fourth year after 2003.
3
The term of office of any councillor so elected shall be, in the case of the councillors elected in 1997 and 2000, three years and, in any other case, four years.
4
On the fourth day after any such elections —
a
the persons who were councillors immediately before those elections shall retire; and
b
the newly-elected councillors shall come into office.
Elections in Reading in 1997 and subsequent years
12
The Borough of Reading (Electoral Arrangements) Order 1979 shall be amended by the substitution of the following for article 9 —
9
1
Elections of all councillors for wards of the borough shall be held simultaneously on the ordinary day of election of councillors in 1997.
2
The councillors holding office for any ward of the borough immediately before 5th May 1997 shall retire on that date and the newly elected councillors for any such ward shall come into office on that date.
3
Of the councillors elected at the ordinary election of councillors in 1997 for any ward of the borough —
a
one-third shall retire in 1999 being, subject to paragraphs (4) and (5) below, the councillor elected by the smallest number of votes;
b
one-third shall retire in 2000 being, subject as aforesaid, the councillor elected by the next smallest number of votes;
c
the remaining councillor shall retire in 2001.
4
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any such year, the person to retire in that year shall be determined by lot.
5
If an election of councillors for any ward is not contested, the person to retire in each such year shall be determined by lot.
6
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen, and the drawing shall be conducted under the direction of the person presiding at the meeting.
7
In each year in which a councillor for a ward in the borough retires in accordance with paragraphs (3) to (6) above an election of a councillor for that ward shall be held on the ordinary day of election of councillors in that year; and the term of office of councillors elected at such an election shall be three years.
8
Except as otherwise provided in the foregoing paragraphs of this article, the term of office of councillors shall be four years, and all councillors shall retire on the fourth day after the ordinary day of election of councillors for the borough in the year of retirement and the newly elected councillors shall come into office on the day on which their predecessors retire.
.
Elections in Slough in 1997 and subsequent years
13
The Borough of Slough (Electoral Arrangements) Order 1980 shall be amended by the substitution of the following for article 9 —
9
1
Elections of all councillors of the borough shall be held simultaneously on the ordinary day of election of councillors in 1997.
2
The councillors holding office for any ward of the borough immediately before 5th May 1997 shall retire on that date and the newly elected councillors for any such ward shall come into office on that date.
3
Of the councillors elected at the ordinary election of councillors in 1997 for any ward of the borough, other than Colnbrook and Poyle —
a
one-third shall retire in 1999 being, subject to paragraphs (5) and (6) below, the councillor elected by the smallest number of votes;
b
one-third shall retire in 2000 being, subject as aforesaid, the councillor elected by the next smallest number of votes;
c
the remaining councillor shall retire in 2001.
4
Of the councillors elected at the ordinary election of councillors in 1997 for Colnbrook and Poyle ward —
a
one shall retire in 2000 being, subject to paragraphs (5) and (6) below, the councillor elected by the smaller number of votes,
b
the remaining councillor shall retire in 2001.
5
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any such year, the person to retire in that year shall be determined by lot.
6
If an election of councillors for any ward is not contested, the person to retire in each such year shall be determined by lot.
7
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen, and the drawing shall be conducted under the direction of the person presiding at the meeting.
8
In each year in which a councillor for a ward in the borough retires in accordance with paragraphs (3) to (7) above an election of a councillor for that ward shall be held on the ordinary day of election of councillors in that year; and the term of office of councillors elected at such an election shall be three years.
9
Except as otherwise provided in the foregoing paragraphs of this article, the term of office of councillors shall be four years, and all councillors shall retire on the fourth day after the ordinary day of election of councillors for the borough in the year of retirement and the newly elected councillors shall come into office on the day on which their predecessors retire.
.
Elections in Wokingham in 1997 and subsequent years
14
1
The District of Wokingham (Electoral Arrangements) Order 1978 shall be amended in accordance with the following paragraphs of this article.
2
The following shall be substituted for article 6 —
6
1
Elections of all councillors for wards of the district shall be held simultaneously on the ordinary day of election of councillors in 1997.
2
The councillors holding office for any ward in the district immediately before 5th May 1997 shall retire on that date and the newly elected councillors for any such ward shall come into office on that date.
3
The order of retirement of the councillors elected in 1997 shall be as set out in Schedule 2 to this Order.
4
Where the number of councillors elected at the ordinary election of councillors in 1997 for any ward of the district is two, the first to retire in that ward shall be, subject to paragraphs (6) and (7) below, the councillor elected by the smaller number of votes.
5
Where the number of councillors elected at the ordinary election of councillors in 1997 for any ward of the district is three —
a
one-third shall retire in 1999 being, subject to paragraphs (6) and (7) below, the councillor elected by the smallest number of votes;
b
one-third shall retire in 2000 being, subject as aforesaid, the councillor elected by the next smallest number of votes;
c
the remaining councillor shall retire in 2001.
6
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any such year, the person to retire in that year shall be determined by lot.
7
If an election of councillors for any ward is not contested, the person to retire in each such year shall be determined by lot.
8
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen, and the drawing shall be conducted under the direction of the person presiding at the meeting.
9
In each year in which a councillor for a ward in the district retires in accordance with paragraphs (3) to (8) above an election of a councillor for that ward shall be held on the ordinary day of election of councillors in that year; and the term of office of councillors elected at such an election shall be three years.
10
Except as otherwise provided in the foregoing paragraphs of this article, the term of office of councillors shall be four years, and all councillors shall retire on the fourth day after the ordinary day of election of councillors for the district in the year of retirement and the newly elected councillors shall come into office on the day on which their predecessors retire.
.
3
The following shall be substituted for Schedule 2 —
SCHEDULE 2
ORDER OF RETIREMENT OF COUNCILLORS
Article 6(3)
Name of ward Number of councillors to retire in 1999 Number of councillors to retire in 2000 Number of councillors to retire in 2001
Arborfield 1 0 0 Barkham 0 1 0 Bulmershe 1 0 1 Charvil 0 0 1 Coronation 1 1 1 Emmbrook 1 1 1 Evendons 1 1 1 Finchampstead North 1 0 1 Finchampstead South 1 1 0 Hurst 0 0 1 Little Hungerford 1 1 1 Loddon 1 1 1 Norreys 1 1 1 Redhatch 1 1 1 Remenham and Wargrave 1 1 0 Shinfield 1 1 1 Sonning 0 1 0 South Lake 1 1 1 Swallowfield 1 0 0 Twyford and Ruscombe 1 1 1 Westcott 0 1 1 Whitegates 0 1 1 Winnersh 1 1 1 Wokingham Without 1 1 1
.
Suspension of elections and casual vacancies
15
1
The ordinary election of councillors in 1997 for the County Council shall not take place; and any councillor for that council holding office immediately before the relevant date who would, but for this paragraph, have retired on that date shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until the reorganisation date.
2
Section 89 of the 1972 Act (filling of casual vacancies in case of councillors) shall have effect —
a
in the case of a casual vacancy occurring in the office of councillor of a Berkshire district before the relevant date, as if the reference in subsection (3) of that section to the day on which the councillor whose office is vacant would regularly have retired were a reference to the relevant date; and
b
in the case of a casual vacancy occurring in the office of councillor for any electoral division in Berkshire, as if that reference in that subsection were a reference to the reorganisation date.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
18th July 1996


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Claims and Payments and Adjudication) Amendment Regulations 1996 and shall come into force on 7th October 1996.
2
In these Regulations —
“the Claims and Payments Regulations ” means the Social Security (Claims and Payments) Regulations 1987 ;
“the Adjudication Regulations ” means the Social Security (Adjudication) Regulations 1995 .
Amendment of regulation 19 of the Claims and Payments Regulations
2
In regulation 19(1) of the Claims and Payments Regulations (time for claiming benefit) the words “Subject to the provisions of Schedule 5” shall be omitted.
Amendment of regulation 22 of the Claims and Payments Regulations
3
In regulation 22(2) of the Claims and Payments Regulations (long term benefits) for the sum “£2.00” there shall be substituted the sum “£5.00”.
Amendment of regulation 37 of the Claims and Payments Regulations
4
In regulation 37(5) of the Claims and Payments Regulations (suspension in individual cases) for sub-paragraph (a) there shall be substituted the following sub-paragraph —
a
“relevant period” means the period of 3 months beginning with the date on which notice in writing of the decision in question and of the reasons for it is received by the adjudication officer; and.
Amendment of regulation 37AA of the Claims and Payments Regulations
5
In regulation 37AA(4) of the Claims and Payments Regulations (withholding of benefit in prescribed circumstances) for sub-paragraph (b) there shall be substituted the following sub-paragraph —
b
claims income support, and qualifies for income support by virtue of paragraph 7 of Schedule 1B to the Income Support (General) Regulations 1987 ,.
Amendment of Schedule 4 to the Claims and Payments Regulations
6
In paragraph 9 of Schedule 4 to the Claims and Payments Regulations (prescribed times for claiming benefit) in column (2) for the words “3 months from the date of the funeral” there shall be substituted the words “The period beginning with the date of the death and ending 3 months after the date of the funeral”.
Omission of Schedule 5 to the Claims and Payments Regulations
7
Schedule 5 to the Claims and Payments Regulations (miscellaneous provisions which vary the prescribed times under Schedule 4) shall be omitted.
Amendment of regulation 63 of the Adjudication Regulations
8
In regulation 63 of the Adjudication Regulations (review in income support cases) for paragraphs (7) to (11) there shall be substituted the following paragraphs —
7
Where a claimant is in receipt of income support and his applicable amount includes an amount determined in accordance with Schedule 3 to the Income Support Regulations (housing costs), and there is a reduction in the amount of eligible capital owing in connection with a loan which qualifies under paragraph 15 or 16 of that Schedule, a determination on a review undertaken as a result of that reduction shall have effect —
a
on the first anniversary of the date on which the claimant’s housing costs were first met under that Schedule; or
b
where the reduction in eligible capital occurred after the first anniversary of the date referred to in sub-paragraph (a), on the next anniversary of that date following the date of the reduction.
8
Where a claimant is in receipt of income support and payments made to that claimant which fall within paragraph 29 or 30(1)(a) to (c) of Schedule 9 to the Income Support Regulations have been disregarded in relation to the determination or review of the claim, and there is a change in the amount of interest payable —
a
on a loan qualifying under paragraph 15 or 16 of Schedule 3 to those Regulations to which those payments relate; or
b
on a loan not so qualifying which is secured on the dwelling occupied as the home to which those payments relate,
any determination on a review undertaken as a result of that change in the amount of interest payable shall have effect on whichever of the dates referred to in paragraph (9) is appropriate in the claimant’s case.
9
The date on which a determination on a review has effect for the purposes of paragraph (8) is —
a
the date when the claimant’s housing costs are first met under paragraph 6(1)(a), 8(1)(a) or 9(2)(a) of Schedule 3 to the Income Support Regulations; or
b
where the change in the amount of interest payable occurred after the date referred to in sub-paragraph (a), on the date of the next alteration in the standard rate following the date of that change.
10
In paragraph (9), “standard rate” has the same meaning as it has in paragraph 1(2) of Schedule 3 to the Income Support Regulations.
Amendment of regulation 63A of the Adjudication Regulations
9
In regulation 63A of the Adjudication Regulations (review in jobseeker’s allowance cases) at the end there shall be added the following paragraphs —
9
Where a claimant is in receipt of a jobseeker’s allowance and his applicable amount includes an amount determined in accordance with Schedule 2 to the Jobseeker’s Allowance Regulations (housing costs), and there is a reduction in the amount of eligible capital owing in connection with a loan which qualifies under paragraph 14 or 15 of that Schedule, a determination on a review undertaken as a result of that reduction shall have effect —
a
on the first anniversary of the date on which the claimant’s housing costs were first met under that Schedule; or
b
where the reduction in eligible capital occurred after the first anniversary of the date referred to in sub-paragraph (a), on the next anniversary of that date following the date of the reduction.
10
Where a claimant is in receipt of a jobseeker’s allowance and payments made to that claimant which fall within paragraph 30 or 31(1)(a) to (c) of Schedule 7 to the Jobseeker’s Allowance Regulations have been disregarded in relation to the determination or review of the claim, and there is a change in the amount of interest payable —
a
on a loan qualifying under paragraph 14 or 15 of Schedule 2 to those Regulations to which those payments relate; or
b
on a loan not so qualifying which is secured on the dwelling occupied as the home to which those payments relate,
any determination on a review undertaken as a result of that change in the amount of interest payable shall have effect on whichever of the dates referred to in paragraph (11) is appropriate in the claimant’s case.
11
The date on which a determination on a review has effect for the purposes of paragraph (10) is —
a
the date when the claimant’s housing costs are first met under paragraph 6(1)(a), 7(1)(a) or 8(2)(a) of Schedule 2 to the Jobseeker’s Allowance Regulations; or
b
where the change in the amount of interest payable occurred after the date referred to in sub-paragraph (a), on the date of the next alteration in the standard rate following the date of that change.
12
In paragraph (11), “standard rate” has the same meaning as it has in paragraph 1(2) of Schedule 2 to the Jobseeker’s Allowance Regulations..
Signed by authority of the Secretary of State for Social Security.
Alistair Burt
Minister of State,
Department of Social Security
6th September 1996


text:
Title and commencement and extent
1
These Regulations may be cited as the Habitat (Water Fringe) (Amendment) Regulations 1996, shall come into force on 30th June 1996, and shall apply to England.
Interpretation
2
In these Regulations “the principal Regulations ” means the Habitat (Water Fringe) Regulations 1994 .
Amendments to the principal Regulations
3
The principal Regulations shall be amended in accordance with the following provisions of these Regulations.
Amendments to regulation 2 of the principal Regulations
4
In regulation 2(1) (interpretation) of the principal Regulations —
a
after the definition of “arable land” there shall be inserted the following definition —
“area aid application” means the application provided for by Article 6(1) of Council Regulation ( EEC ) No. 3508/92 of 27th November 1992 establishing an integrated administration and control system for certain Community aid schemes as last amended by Council Regulation ( EC ) No. 3235/94 of 20th December 1994 amending, as a result of the accession of Austria, Finland and Sweden, certain regulations in the agricultural sector providing for part-financing of certain measures in favour of the new Member States ;
b
in the definition of “designated watercourse or lake” after the words “17 Smith Square, London SW1P 3JR” there shall be inserted the words “as amended by the maps marked “amending maps of the Habitat Scheme Water Fringe Areas”, dated 6th June 1996, signed by the Parliamentary Secretary to the Ministry of Agriculture, Fisheries and Food and deposited at the offices of the Ministry of Agriculture, Fisheries and Food at 17 Smith Square, London SW1P 3JR”;
c
for the definition of “eligible land” there shall be substituted the following definition —
“eligible land” means an unbroken area of arable land or permanent grassland the whole or any part of the boundary of which is no more than twenty metres from an edge of a designated watercourse or lake;
d
in the definition of “livestock unit” —
i
the word “or” shall be deleted from the end of sub-paragraph (c);
ii
at the end of sub-paragraph (d), for the word “old;” there shall be substituted the words“old, or”; and
iii
after sub-paragraph (d) there shall be added the following sub-paragraph —
e
4.35 farmed deer
;
e
after the definition of “the Minister” there shall be inserted the following definition —
“overgrazing” means grazing land with livestock in such excessive numbers as adversely to affect the growth, quality or species composition of vegetation (other than vegetation normally grazed to destruction) on that land to a significant degree;
f
after the definition of “permanent grassland” there shall be inserted the following definitions —
“set-aside land” means an area of water fringe —
which was arable land at the start of the management period;
in relation to which an application was made on or after 28th June 1995; and
in relation to which a beneficiary, in his application, declared that he intended to count it as being set aside for the purposes of the set-aside requirement;
“set-aside requirement” means the requirement indicated in Article 7(1) (dealing with the setting of areas aside) of Council Regulation (EEC) No. 1765/92 of 30th June 1992 establishing a support system for producers of certain arable crops , as last amended by Council Regulation (EC) No. 2989/95 ;
and
g
after the definition of “tenant” there shall be inserted the following definition —
“undergrazing” means grazing land with livestock in such insufficient numbers as adversely to affect the growth, quality or species composition of vegetation on that land to a significant degree;
.
Amendments to regulation 3 of the principal Regulations
5
In regulation 3 (aid for water fringes) of the principal Regulations —
a
in paragraph (2) —
i
after the words “an entire field” there shall be added the words “or strip”; and
ii
after the words “bordering on that field” there shall be added the words “or strip”; and
b
after paragraph (2) there shall be added the following paragraph —
3
Where —
a
the application of an eligible person has been accepted in relation to a water fringe, and
b
the Minister considers that the erection of stock-proof fencing on its boundary is expedient for the purpose of aiding compliance by the eligible person with any undertaking given by him under either of the preceding paragraphs of this regulation in connection with the application,
the Minister may for that purpose agree with the eligible person in advance of the erection of that fencing there the specification to which it is to be erected there and, in that event, may make a payment of aid to the eligible person in respect of the erection of that fencing there to that specification if the eligible person has undertaken that the fencing will be maintained in a stock-proof condition from the time of the payment for the remainder of the management period applicable to that water fringe.
Amendment to regulation 4 of the principal Regulations
6
In regulation 4 (applications for aid) of the principal Regulations —
a
at the end of paragraph (d), for the word “land.” there shall be substituted the words “land; and”; and
b
after paragraph (d), there shall be added the following paragraph —
e
where the applicant intends to count an area of eligible arable land as being set aside for the purposes of the set-aside requirement, a declaration of the location and extent of that area.
Amendments to regulation 7 of the principal Regulations
7
In regulation 7 (amounts and payment of aid) of the principal Regulations —
a
in paragraph (1)(a) —
i
for “£360” there shall be substituted “£485”; and
ii
after the words “the requirements of Schedule 2 apply” there shall be added the words“and which is not set-aside land”;
b
in paragraph (1)(c) —
i
for “£260” there shall be substituted “£435”; and
ii
after the words “an entire field” there shall be added the words “or strip”;
c
in paragraph (1)(d) —
i
after the words “an entire field” there shall be added the words “or strip”; and
ii
at the end, for the word “apply.” there shall be substituted the words “apply; and”;
d
after paragraph (1)(d) there shall be added the following paragraph:
e
£405 per hectare of water fringe to which the requirements of Schedule 2 apply and which is set-aside land.
; and
e
after paragraph (2) there shall be added the following paragraph —
3
Any payment of aid made under regulation 3(3) in respect of work on the erection of fencing shall be made at the rate of £1.20 per metre of fencing when the work has been carried out.
Insertion of regulation 7A in the principal Regulations
8
After regulation 7 of the principal Regulations, there shall be inserted the following regulation —
Changes to the area of set-aside land
7A
1
If a beneficiary, in relation to an area of water fringe —
a
which is not set-aside land,
b
which was arable land at the start of the management period, and
c
in relation to which an application was made on or after 28th June 1995,
at the time he makes any claim for payment of aid under these Regulations declares that he intends, in his area aid application to be submitted during the year in which the claim for payment is made, to count that land as being set aside for the purposes of the set-aside requirement that land shall be treated as set aside land for the purposes of regulation 7 and paragraph (2) below, subject to any subsequent decision to the contrary under paragraph (2) below, for the remainder of the management period.
2
Where, at the time he makes any claim for payment of aid under these Regulations, a beneficiary, in relation to an area of set-aside land, declares that he does not intend to count it as being set aside for the purposes of the set-aside requirement in his area aid application to be submitted during that year, the Minister may decide that the land shall not be treated as set aside land for the purposes of regulation 7 and paragraph (1) above and, if he so decides, the treatment of that land for those purposes shall operate in accordance with that decision, subject to any subsequent declaration to the contrary as referred to in paragraph (1) above, for the remainder of the management period.
3
Any decision taken by the Minister pursuant to paragraph (2) shall be notified to the beneficiary in writing.
Substitution of regulation 8 of the principal Regulations
9
For regulation 8 (claims for aid) of the principal Regulations, there shall be substituted the following regulation —
Claims for aid
8
Any claim for payment of aid under these Regulations shall —
a
where the beneficiary, in his area aid application to be submitted during the year in which the claim is being made, intends to count an area of water fringe as being set aside for the purposes of the set-aside requirement, contain a declaration of the location and extent of that area; and
b
be made at such time and in such form and contain such other information as the Minister reasonably may require.
Amendment to regulation 10 of the principal Regulations
10
In regulation 10 (withholding and recovery of aid and termination) of the principal Regulations, after paragraph (4), there shall be added the following paragraph —
5
Where a beneficiary, in his area aid application in any year, counts an area of water fringe which is arable land as being set aside for the purposes of the set-aside requirement and that land, on the date of the submission of the area aid application, is neither set-aside land nor land which is being treated as set-aside land pursuant to regulation 7A, the Minister may recover from that beneficiary an amount not exceeding the difference between the aid paid to that beneficiary under regulation 7 that year and the amount that would have been paid to him under regulation 7 that year if that land had been set-aside land.
Amendments to Schedules to the principal Regulations
11
1
In Schedule 2 (management requirements for strips of arable land not to be used for arable production), for paragraph (1) there shall be substituted the following —
1
the beneficiary shall —
a
establish a grassland sward within seven months of the start of the management period using seed from species agreed by him and the Minister; or
b
in accordance with an agreement between him and the Minister, re-seed existing grassland sward;
.
2
In Schedule 5 (management requirements for entire fields of arable land where there is no undertaking not to use the land for agricultural production) —
a
in the heading, after the words “MANAGEMENT REQUIREMENTS FOR ENTIRE FIELDS” there shall be added the words “OR STRIPS”;
b
in the introduction, after the words “any entire field” there shall be added the words “or strip”;
c
for paragraph (1) there shall be substituted the following —
1
the beneficiary shall refrain from agricultural production and shall —
a
establish a grassland sward within seven months of the start of the management period using seed from a species agreed by him and the Minister; or
b
in accordance with an agreement between him and the Minister, re-seed an existing grassland sward;
;
d
in each of paragraphs (11) and (12), after the words “on the field” there shall be added the words “or strip”;
e
for paragraph (16) there shall be substituted the following —
16
the beneficiary —
a
subject to sub-paragraph (b) below, shall graze the land (to a level so as to prevent poaching, overgrazing or undergrazing) with —
i
cattle, sheep or deer, or any combination thereof,
ii
horses, ponies or a combination thereof in combination with livestock permitted under paragraph (i) above, or
iii
any other species of livestock (with or without species referred to in paragraph (i) or (ii) above) by agreement with the Minister, and
b
in respect of the period from 1st April to 31st May in each year of the beneficiary’s management period —
i
shall agree with the Minister the appropriate maximum level (being, in any case where none of the livestock to be grazed on the land fall within sub-paragraph (a)(iii) above, a level within the range beginning at 0.75 livestock units per hectare and ending at 1.4 livestock units per hectare) at which the land should be grazed so as to protect or improve the habitat for wildlife on that water fringe, and
ii
shall graze the land to a level no higher than that appropriate maximum level;
and
f
after paragraph 19 there shall be added the following paragraph —
20
the beneficiary shall ensure that the land is surrounded by sufficient barriers to enable grazing to take place as required by paragraph (16) above.
3
In Schedule 6 (management requirements for entire fields of permanent grassland where there is no undertaking not to use the land for agricultural production) —
a
in the heading, after the words “MANAGEMENT REQUIREMENTS FOR ENTIRE FIELDS” there shall be added the words “OR STRIPS”;
b
in the introduction, after the words “any entire field” there shall be added the words “or strip”;
c
for paragraph (2) there shall be substituted the following —
2
the beneficiary —
a
subject to sub-paragraph (b) below, shall graze the land (to a level so as to prevent poaching, overgrazing or undergrazing) with —
i
cattle, sheep or deer, or any combination thereof,
ii
horses, ponies or a combination thereof in combination with livestock permitted under paragraph (i) above, or
iii
any other species of livestock (with or without species referred to in paragraph (i) or (ii) above) by agreement with the Minister,
b
in respect of the period from 1st April to 31st May in each year of the beneficiary’s management period —
i
shall agree with the Minister the appropriate maximum level (being, in any case where none of the livestock to be grazed on the land fall within sub-paragraph (a)(iii) above, a level within the range beginning at 0.75 livestock units per hectare and ending at 1.4 livestock units per hectare) at which the land should be grazed so as to protect or improve the habitat for wildlife on that water fringe, and
ii
shall graze the land to a level no higher than that appropriate maximum level;
; and
d
in each of paragraphs (13) and (14), after the words “on the field” there shall be added the words “or strip”; and
e
after paragraph (17) there shall be added the following paragraph —
18
the beneficiary shall ensure that the land is surrounded by sufficient barriers to enable grazing to take place as required by paragraph (2) above.
Tim Boswell
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
6th June 1996


text:
Citation and commencement
1
These Regulations may be cited as the Advanced Television Services (Industrial Property Rights) Regulations 1996 and shall come into force on 23rd August 1996.
Interpretation
2
1
In these Regulations, “the Directive”means Directive 95/47/ EC of the European Parliament and of the Council on the use of standards for the transmission of television signals.
2
Words and expressions used in these Regulations shall, unless the context otherwise requires, have the same meaning as in the Directive.
Application
3
These Regulations apply in relation to conditional access to digital television services broadcast to viewers in the European Community, irrespective of the means of transmission.
Industrial property rights to conditional access products and systems
4
1
When granting licences to manufacturers of consumer equipment, holders of industrial property rights to conditional access products and systems shall have the duty (provided for in Article 4(d) of the Directive) to ensure that this is done on fair, reasonable and non-discriminatory terms.
2
Without prejudice to the generality of paragraph (1) above, taking into account technical and commercial factors, holders of such rights shall have the duty not to subject the granting of licences to conditions prohibiting, deterring or discouraging the inclusion in the same product of —
a
a common interface allowing connection with several other conditional access systems; or
b
means specific to another conditional access system, provided that the licensee complies with the relevant and reasonable conditions ensuring, as far as he is concerned, the security of transactions of conditional access system operators.
3
The duties referred to in paragraphs (1) and (2) above are duties owed to any person who may be affected by a contravention of them, and without prejudice to any other cause of action which may arise therefrom —
a
any breach of those duties which causes that person to sustain loss or damage shall be actionable in tort at the suit or instance of that person; and
b
any condition included in a licence in contravention of the duty referred to in paragraph (2) above shall be void.
4
In any proceedings in respect of the infringement of any industrial property rights to which the duties referred to in paragraphs (1) and (2) above relate, it shall be a defence for the defendant —
a
to show that the infringement consisted only in acts or omissions which would not have constituted an infringement if the holder of such rights had complied with those duties; and
b
to undertake to make such payments to the holder of such rights (in respect of both past, present and future use) and to abide by such other fair, reasonable and non-discriminatory terms as the court may order.
5
Without prejudice to the court’s jurisdiction to make a declaration or declarator apart from this paragraph, a declaration or declarator that an act or omission would not, or a proposed act or omission would not, constitute an infringement of any industrial property rights if the holder of such rights had complied or were to comply with the duties referred to in paragraphs (1) and (2) above, may be made by the court in proceedings between the person doing or proposing to do the act or making or proposing to make the omission and the holder of such rights, notwithstanding that no assertion to the contrary has been made by the holder, if it is shown —
a
that the person has applied in writing to the holder for a written acknowledgement to the effect of the declaration or declarator claimed, and has furnished him with full particulars in writing of the act in question; and
b
that the holder has refused or failed to give any such acknowledgement.
John M Taylor,
Parliamentary Under Secretary of State for Corporate and Consumer Affairs,
Department of Trade and Industry
21st August 1996


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Non-Domestic Rating (Chargeable Amounts) (Amendment) Regulations 1996 and shall come into force on 1st April 1996.
2
In these Regulations “the 1994 Regulations ” means the Non-Domestic Rating (Chargeable Amounts) Regulations 1994 .
Amendment of the 1994 Regulations
2
1
The 1994 Regulations are amended in accordance with the following paragraphs.
2
After regulation 4(5) insert the following paragraph —
5A
For a hereditament to which Schedule 2A (splits and mergers — certified values) applies, paragraph 1 of that Schedule applies for finding the notional chargeable amount.
.
3
After regulation 6(4) insert the following paragraph —
5
For a hereditament to which Schedule 2A (splits and mergers — certified values) applies, paragraph 2 of that Schedule applies for finding the base liability for the relevant year beginning in 1995.
.
4
After regulation 7(3) insert the following paragraph —
4
For a hereditament to which Schedule 2A (splits and mergers — certified values) applies, paragraph 3 of that Schedule applies for finding the base liability for years subsequent to the relevant year beginning in 1995.
.
5
After regulation 8(6)(c) insert the following sub-paragraph —
d
regulation 10A(4)(b),
.
6
After regulation 9(3)(c) insert the following sub-paragraph —
d
regulation 10A(4)(b),
.
7
After regulation 9(5) insert the following paragraph —
6
Regulation 10 does not apply to a defined hereditament for the day concerned if —
a
as respects a relevant day falling before the day concerned, the value of X for the purposes of determining the appropriate fraction fell to be determined (or if determined again following an alteration of the list in accordance with regulations made under the Act, fell after that alteration to be determined) in accordance with regulation 8(2), and
b
as respects the day concerned, the value of X falls to be determined (or if determined again following an alteration of the list in accordance with regulations made under the Act, falls after that alteration to be determined) in accordance with regulation 8(3) or 8(4);
or if —
i
as respects a relevant day falling before the day concerned, the value of X for the purposes of determining the appropriate fraction fell to be determined (or if determined again following an alteration of the list in accordance with regulations made under the Act, fell after that alteration to be determined) in accordance with regulation 8(3) or 8(4), and
ii
as respects the day concerned, the value of X falls to be determined (or if determined again following an alteration of the list in accordance with regulations made under the Act, falls after that alteration to be determined) in accordance with regulation 8(2).
.
8
After regulation 10 insert the following regulation —
Certified value for new hereditament
10A
1
This regulation applies in any year beginning on or after 1st April 1996 for the calculation of a chargeable amount in relation to a defined hereditament which is a new hereditament coming into existence on or after 1st April 1995 in circumstances where Schedule 2 applies; and in this regulation and in Schedule 2A the expressions “new hereditament” and “creation day” have the meanings given to each in Schedule 2.
2
Where this regulation applies in respect of a new hereditament on a relevant day, an interested person may apply for a value to be certified for that hereditament as specified in paragraph (3); and in this paragraph “interested person” has the meaning it has in the Non-Domestic Rating (Alteration of Lists and Appeals) Regulations 1993 .
3
The value specified in this paragraph is the value certified by the appropriate valuation officer to be the rateable value which would have been shown in the list for the new hereditament if it had existed on 31st March 1995 and had fallen to be entered in the list for that day.
4
Where a value has been certified as specified in paragraph (3) in respect of a new hereditament —
a
Schedule 2A applies in relation to that hereditament in place of Schedule 2, and
b
regulations 8 to 13 apply in relation to that hereditament as if for references to 1st April 1995 there were substituted references to the creation day.
.
9
After regulation 11(6)(c) insert the following sub-paragraph —
d
regulation 10A(4)(b),
.
10
After regulation 12(11)(f) insert the following sub-paragraph —
g
regulation 10A(4)(b),
.
11
After regulation 13(6)(d) insert the following sub-paragraph —
e
regulation 10A(4)(b),
.
12
After regulation 24(2) insert the following paragraph —
3
Regulation 25 does not apply to a defined central list hereditament for the day concerned if —
a
as respects a relevant day falling before the day concerned, the value of X for the purposes of determining the appropriate fraction falls to be determined (or if determined again following an alteration of the central list in accordance with regulations made under the Act, fell after that alteration to be determined) in accordance with regulation 23(2)(a), and
b
as respects the day concerned, the value of X falls to be determined (or if determined again following an alteration of the central list in accordance with regulations made under the Act, falls after that alteration to be determined) in accordance with regulation 23(2)(b);
or if —
i
as respects a relevant day falling before the day concerned, the value of X for the purposes of determining the appropriate fraction fell to be determined (or if determined again following an alteration of the central list in accordance with regulations made under the Act, fell after that alteration to be determined) in accordance with regulation 23(2)(b), and
ii
as respects the day concerned, the value of X falls to be determined (or if determined again following an alteration of the central list in accordance with regulations made under the Act, falls after that alteration to be determined) in accordance with regulation 23(2)(a).
.
13
After regulation 32(2) insert the following paragraph —
3
Regulation 33 does not apply to a defined class of hereditaments for the day concerned if —
a
as respects a relevant day falling before the day concerned, the value of X for the purposes of determining the appropriate fraction fell to be determined in accordance with regulation 31(2)(a); and
b
as respects the day concerned, the value of X falls to be determined in accordance with regulation 31(2)(b);
or if —
i
as respects a relevant day falling before the day concerned, the value of X for the purposes of determining the appropriate fraction fell to be determined in accordance with regulation 31(2)(b), and
ii
as respects the day concerned, the value of X falls to be determined in accordance with regulation 31(2)(a).
.
14
After Schedule 2 insert —
SCHEDULE 2A
SPLITS AND MERGERS — CERTIFIED VALUES
Regulation 10A
Notional chargeable amount
1
1
The notional chargeable amount for a new hereditament to which this Schedule applies for a relevant year shall be found by applying the formula —
J × B
2
For the purposes of this paragraph —
J is the rateable value shown for the hereditament for the creation day in the list, and
B is the non-domestic rating multiplier for the relevant year.
Base liability for 1995–96
2
1
The base liability for a new hereditament to which this Schedule applies for the relevant year beginning on 1st April 1995 shall be found by applying the formula —
CY × Z
2
For the purposes of this paragraph —
a
CY is the value certified in accordance with regulation 10A(3), and
b
Z is the non-domestic rating multiplier for the financial year beginning in 1994.
Base liability for years subsequent to 1995–96
3
1
The base liability for a new hereditament to which this Schedule applies for the relevant year beginning in 1996, 1997, 1998 or 1999 (the year concerned) shall be found by applying the formula —
( BL × AF )
2
For the purposes of this paragraph —
a
BL is the base liability for the hereditament for the relevant year immediately preceding the year concerned, and
b
AF is the appropriate fraction for the hereditament for the relevant year immediately preceding the year concerned.
.
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,
Department of the Environment
21st March 1996
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
22nd March 1996


text:
Citation and commencement
1
1
These Regulations may be cited as the Education (Teachers) (Amendment) Regulations 1996 and shall come into force on 1st August 1996.
2
Any reference in these Regulations to the principal Regulations is a reference to the Education (Teachers) Regulations 1993 .
Amendment of the principal Regulations
2
At the end of Part I of Schedule 2 to the principal Regulations there shall be inserted the following paragraph:
Temporary teachers
3A
1
Subject to sub-paragraph (2) below, an unqualified teacher may be employed at a school (other than a pupil referral unit) if —
a
he is recognised as a trained teacher by the competent authority in any country outside the United Kingdom, and
b
he is employed in any one post at a school (whether by reason of the absence of the holder of that post or otherwise) for periods which do not exceed four months in total.
2
This paragraph shall not apply in the case of an unqualified teacher after the expiry of a period of two years commencing with the day on which he is first employed as a teacher at a school.
Robin Squire
Parliamentary Under Secretary of State,
Department for Education and Employment
24th June 1996


text:
Citation and commencement
1
This Order may be cited as the Housing (Maximum Charge for Enforcement Action) Order 1996 and shall come into force on 17th December 1996.
Maximum charge
2
The amount of the charge made by a local housing authority under section 87 of the Housing Grants, Construction and Regeneration Act 1996 shall not exceed £300.
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 Scheme may be cited as the M2 Motorway (West of Rochester Section) Scheme 1996 and shall come into force on 9th April 1996.
2
The Secretary of State is authorised to provide a special road, for the exclusive use of traffic of Classes I and II of the classes of traffic set out in Schedule 4 to the Highways Act 1980, along the route of the A2 Trunk Road, from the western limit of the M2 Motorway, westwards for a distance of 816 metres (measured along the route of that trunk road).
3
The centre line of the special road is indicated by a heavy black line on the plan numbered SNPR 95/30, marked “The M2 Motorway (West of Rochester Section) Scheme 199”, signed by authority of the Secretary of State and deposited at the Department of Transport, Great Minister House, Marsham Street, London SW1P 4DR.
Signed by authority of the Secretary of State for Transport
E al-Uzaizi
Assistant Director, Southern Network Management Division, Highways Agency,
Department of Transport
14th March 1996


text:
Title and commencement
1
This Order may be cited as the Contracting Out (Administration of Civil Service Pension Schemes) Order 1996 and shall come into force on the day after the day on which it is made.
Interpretation
2
In this Order —
“the 1972 Act ” means the Superannuation Act 1972 ; and
“the function” means the function conferred by section 1(1) or under section 1(2) of the 1972 Act of administering schemes made under section 1 of that Act and from time to time in force.
Contracting out of function
3
The function may be exercised by (or by employees of) such person as may be authorised in that behalf by the Minister or office-holder whose function it is.
D L Willetts
Parliamentary Secretary Office of Public Service for the Minister for the Civil Service
4th July 1996


text:
PART I
PRELIMINARY
Citation and commencement
1
These Regulations may be cited as the Severn Bridges Regulations 1996 and shall come into force on 5th June 1996.
Revocation
2
The Severn Bridge Regulations 1993 , and the Severn Bridge (Amendment) Regulations 1995 are hereby revoked.
Interpretation
3
In these Regulations —
a
“defence vehicle” means a vehicle of a kind referred to in section 21(4) of the 1992 Act ;
“hard strip” means that part of a road which is immediately adjacent to and situated on the left hand or near side of the left hand or near side traffic lane when facing in the direction in which vehicles may be driven in accordance with the Motorways Regulations ;
“the Motorways Regulations” means the Motorways Traffic (England and Wales) Regulations 1982 ;
“the 1992 Act” means the Severn Bridges Act 1992;
“pre-payment agreement” means an agreement entered into by the Secretary of State or the concessionaire pursuant to section 13(1) of the 1992 Act;
“registered keeper” in relation to a vehicle means the person in whose name the vehicle is registered under the Vehicle Excise and Registration Act 1994 ;
“the specified roads” means the road carried by the existing bridge and those parts of the eastbound carriageway and westbound carriageway of the road within the existing toll plaza area which lie respectively 400 metres and 500 metres east of the outer edge of the east abutment of the Aust Viaduct; and
“toll-booth” means a toll-booth situated on one of the toll plaza areas;
b
a reference to a regulation followed by a number is a reference to the regulation so numbered in these Regulations and a reference to a paragraph followed by a number is a reference to the paragraph so numbered in the regulation in which the reference occurs.
Application
4
These Regulations shall apply to the bridges and the toll plaza areas.
PART II
PAYMENT OF TOLLS
Place and manner of payment
5
1
Except where paragraph (2) applies, all tolls leviable in respect of a vehicle, shall be paid by the driver of the vehicle, in cash to an appointed person at a toll-booth, or by the insertion of coins into a machine provided near a toll-booth for the purpose of collecting tolls, not being in either case a toll-booth at which a sign is displayed indicating that its use is restricted to either —
a
vehicles of a class which does not include the relevant vehicle, or
b
vehicles for which the toll leviable has been paid in advance.
2
Where, pursuant to a pre-payment agreement, the toll leviable for a vehicle has been paid in advance, the driver shall present or display such evidence of payment in such manner and at such place within the toll plaza area as the agreement may provide.
3
Every driver of a vehicle, proceeding westbound in a toll plaza area, shall stop the vehicle in a position where he can, in accordance with this regulation, pay any toll leviable for the vehicle or present or display evidence of payment of the toll without leaving the vehicle or, if the toll has been paid in advance and the pre-payment agreement so provides, he shall slow down the vehicle sufficiently to enable the evidence of payment to be verified.
4
When a red light is displayed at a toll-booth, the driver of a vehicle proceeding westbound in a toll plaza area in the traffic lane alongside that toll-booth shall not allow the vehicle to proceed beyond the toll-booth, until a green light is displayed or a constable in uniform or an appointed person allows or directs him to proceed.
Traffic directions
6
Where it appears necessary or expedient to an appointed person to regulate traffic in a toll plaza area, for the purpose of securing that vehicles in respect of which tolls are leviable do not use the existing bridge or do not proceed west of the new toll plaza after using the new bridge without the tolls having been paid, he may direct the driver of a vehicle in that area to stop the vehicle or to cause it to proceed forwards or backwards in, or keep to, a particular line or direction and the driver shall comply with the direction.
Obstruction of appointed persons
7
No person shall obstruct or otherwise interfere with any action taken by an appointed person under these Regulations for securing that the existing bridge is not used by vehicles or that vehicles having used the new bridge do not proceed west of the new toll plaza area without the tolls leviable for such use being paid.
Toll-booth out of use
8
No person shall, unless instructed to do so by a constable in uniform or an appointed person, drive any vehicle or cause or permit it to be driven into or through the lane alongside any toll-booth which is shown by a barrier or sign to be out of use.
Notices showing tolls payable
9
A notice shall be displayed at each toll-booth whilst it is in use specifying each category of vehicle for which tolls are leviable, the amount of the tolls for each category and other provisions in accordance with which tolls are leviable.
PART III
TRAFFIC REGULATION
Application of Motorways Regulations
10
1
The Motorways Regulations shall have effect in relation to the specified roads subject to the modifications set out in the Schedule to these Regulations.
2
Any prohibition or restriction imposed by regulations 11 and 12 of these Regulations may be relaxed by the persons and in the circumstances mentioned in paragraph (3) of regulation 15 and in regulation 16 of the Motorways Regulations as if it were a prohibition or restriction imposed by those Regulations.
Restrictions on stopping
11
1
Except as provided by these Regulations, no person shall cause a vehicle to stop or remain at rest anywhere on the specified roads unless either —
a
it is necessary to do so for a reason specified in paragraph (2), or
b
the vehicle cannot proceed because of the presence of another vehicle or of any person or object.
2
Where it is necessary for a vehicle being driven on the specified roads to be stopped —
a
by reason of a breakdown of the vehicle,
b
by reason of an accident, illness or other emergency,
c
to permit any person carried by the vehicle to recover or remove any object which has fallen on the specified roads, or
d
to permit any person carried by the vehicle to help another person in any of the circumstances mentioned in (a), (b) or (c) above,
the person in charge of the vehicle shall, so far as reasonably practicable, drive or move it so that as much as possible of the vehicle (including its load, if any) is on or over the hard strip and as little as possible of it is in or over the adjacent traffic lane and that it is so positioned as to cause the minimum possible obstruction or danger to other vehicles; and the vehicle may remain at rest for no longer than is necessary in the circumstances, including in the case of a broken down vehicle the time required for compliance with paragraph (4) and the taking of steps under regulation 12.
3
No person shall drive or move a vehicle or cause it to stop or remain at rest on or over any hard strip unless it is necessary to do so for a reason specified in paragraph (2).
4
The person in charge of a vehicle at rest on the specified roads by reason of a breakdown shall, after taking any requisite action to comply with paragraph (2), unless it is not reasonably practicable to do so, forthwith report or cause another person to report the breakdown to a constable or an appointed person by means of an emergency telephone, stating the circumstances of the breakdown and the position of the vehicle and its registration mark and giving a description of the vehicle.
5
In paragraph (4) “emergency telephone” means a telephone installed in a box and indicated by a traffic sign shown in diagrams 2713, 2713.1, 2714 and 2715 of Schedule 7 to the Traffic Signs Regulations 1994 .
6
Nothing in the provisions of this regulation shall preclude any person from using the specified roads otherwise than in accordance with those provisions in any of the circumstances mentioned in regulation 16(1) of the Motorways Regulations, but if a vehicle so used suffers a breakdown the person in charge of that vehicle shall comply with paragraphs (2) and (4).
Prevention of obstruction
12
1
In this regulation a “stationary vehicle” means a vehicle which is at rest on the specified roads either in contravention of these Regulations or where —
a
the vehicle has suffered a breakdown (in this regulation referred to as a “broken down vehicle”),
b
no person is for the time being in charge of it, or
c
the person in charge of it is not on it or in it.
2
A constable or an appointed person may remove or arrange or require the removal of a stationary vehicle from the specified roads to a hard shoulder (as defined by regulation 3(1)(e) of the Motorways Regulations) beyond the limits of the specified roads where the vehicle can be allowed to remain at rest in accordance with regulation 7(1) of the Motorways Regulations and no person shall obstruct or attempt to obstruct any action taken by a constable or appointed person for the purposes of this paragraph.
3
No person without the permission of a constable or an appointed person shall or shall attempt —
a
to repair, refuel, change the tyre or wheel of or otherwise adjust or,
b
except for the purpose of complying with paragraph (2) of regulation 11, to move a broken down vehicle on the specified roads.
4
In relation to a defence vehicle —
a
paragraph (3) shall not apply; and
b
the power given by paragraph (2) shall not be exercised while the driver is carrying out any repair or adjustment, unless it appears to a constable that it is necessary or expedient for the vehicle to be removed in order to prevent an obstruction of the specified roads
5
For regulation 7 of the Removal and Disposal of Vehicles Regulations 1986 there is substituted: —
Exception for Severn Bridge
7
Regulations 3, 4, 4A and 5 of these Regulations shall not apply in relation to any vehicle while it is on the specified roads as defined by regulation 3 of the Severn Bridges Regulations 1996.
Prohibition of use of roads
13
1
An appointed person may —
a
as respects a particular vehicle, by oral instructions given by him to the driver, or
b
as respects vehicles of any particular description, by the display of an appropriate notice on or near the roads carried by the bridges and within the toll plaza areas,
prohibit the use of those roads by that vehicle or by vehicles of that description, either generally or unless such requirements as the appointed person may specify are complied with, if it appears to the appointed person that, having regard to any circumstances (including without prejudice to the generality of this paragraph weather conditions) prevailing or appearing to him likely to prevail, such use or, as the case may be, such use without the specified requirements being complied with is likely to be dangerous, unsafe or to cause injury or damage to persons or property or to delay other traffic.
2
Where under paragraph (1) the use of all or any of the roads carried by the bridges and the roads within the toll plaza areas by a particular vehicle or by vehicles of a particular description is prohibited, whether generally or unless specified requirements are complied with, no person shall cause or permit the vehicle or a vehicle of that description to be driven on those roads or, as the case may be, to be driven on those roads without the specified requirements being complied with, until he has been informed orally by an appointed person in uniform or by the display of a notice that the prohibition has been lifted.
PART IV
CYCLE AND FOOTWAY
Use of cycleway and footway
14
1
In this regulation “authorised traffic”, in relation to the cycleway, means traffic of classes VII , X and XI (as specified in Schedule 4 to the Highways Act 1980 ) and, in relation to the footway, means traffic of class IX (as specified in that Schedule) and “excluded traffic” in relation to either the cycleway or the footway means traffic which is not authorised traffic.
2
Except as a result of an accident or in an emergency, no authorised traffic shall enter or leave the cycleway or the footway otherwise than by means of the junctions of the cycleway and footway with other highways including, in the case of the footway, the footbridge which joins the footway and crosses the existing toll plaza area above the toll-booths.
3
No person shall loiter or remain on any part of the cycleway or the footway or in or on any vehicle for the time being using either of them, after having been directed by a constable in uniform to depart or, as the case may be, to remove the vehicle therefrom.
4
Excluded traffic is authorised to use the cycleway or the footway (as the case may be) —
a
for the maintenance, repair, cleaning, clearance, alteration or improvement of, or for the removal of any vehicle from, any part of the specified roads or the cycleway or footway, or for the erection, laying, placing, maintenance, testing, alteration, repair or removal of any structure, works or apparatus in, on, under or over any such part;
b
when it is necessary for such traffic to do so in order to avoid or prevent an accident, or to obtain or give help required as a result of an accident or emergency (including the presence of a vehicle at rest on the specified roads, the cycleway or the footway by reason of the circumstances specified in sub-paragraphs (a) to (c) of regulation 11(2));
c
in accordance with any permission given by a constable and for the purpose of investigating any accident which has occurred on the specified roads or on or near the cycleway or the footway;
d
in the course of the exercise of the duty of a constable or a member of a fire brigade or of an ambulance service; or
e
where it is necessary for such traffic to do so in connection with any inspection, survey, investigation or census which relates to the existing bridge or existing toll plaza area and which is carried out in accordance with any general or special authority granted by the Secretary of State.
5
Without prejudice to the foregoing provisions of this regulation, the Secretary of State may authorise the use of the cycleway or the footway by excluded traffic on occasion or in an emergency.
6
Nothing in this regulation shall authorise the use of the cycleway or the footway by any vehicle having a gross weight exceeding 3 tonnes or, in relation to any wheel of the vehicle, a wheel weight exceeding 1 tonne.
7
In paragraph (6), “gross weight” has the meaning given by regulation 3(2) of the Road Vehicles (Construction and Use) Regulations 1986 and “wheel weight” means the weight transmitted by a wheel of a vehicle to the existing bridge.
PART V
PREVENTION OF INJURY AND DAMAGE
Prevention of injury to persons
15
No person shall, from a vehicle or otherwise, throw, or wilfully or negligently drop or allow to fall, anything on to any part of the roads carried by the bridges or within the toll plaza areas which could injure any person on those roads.
Prevention of damage etc.
16
Unless previously authorised by the concessionaire, where tolls are for the time being leviable by a concessionaire, or by the Secretary of State, it is prohibited to do or attempt any of the following: —
a
to go upon, enter, interfere with or use for any purpose any part of the bridges or toll plaza areas (not being a part of the roads carried by the bridges or within those areas or of the cycleway or footway but including any works, structure, building, equipment or apparatus placed in, on, over or under those bridges or areas);
b
wilfully or negligently to damage or interfere with the bridges, toll plaza areas, or any structures, works or apparatus on, under or over them or used in connection with the regulation of traffic on the roads carried by the bridges or the roads within the toll plaza areas or with the collection of tolls;
c
wilfully or negligently to damage or, without the permission of a constable or appointed person, remove, take up or cross any bar, rail, fence or barrier, or force open any gate or movable barrier, fitted or placed on any part of the bridges or the toll plaza areas for the regulation of any class of traffic including pedestrians;
d
wilfully to remove, damage, deface, obscure or mark any part of the bridges or toll plaza areas, or any structure, works or apparatus in, on, under or over those bridges or areas or used in connection with the regulation of traffic thereon, or with the levying of tolls or any sign or notice on or near the roads carried by those bridges or the roads within the toll plaza areas and so used; and
e
to post on, or affix to, any part of the bridges or toll plaza areas or to any such structure, works or apparatus, any slogan, bill, placard, notice, device or object.
Interference with signs
17
No person shall, without the previous authorisation of the concessionaire, where tolls are for the time being leviable by a concessionaire, or of the Secretary of State, remove, deface or obscure any notice or sign placed on or near the bridges, the toll plaza areas or any structure, works or apparatus in, on, under or over those bridges or those areas in connection with the regulation of traffic thereon or with the collection of tolls.
Signed by authority of theSecretary of State for Transport
John Watts
Minister of State,
Department of Transport
15th May 1996


text:
PART I
GENERAL
Citation and commencement
1
This Order may be cited as the Leicestershire (City of Leicester and District of Rutland) (Structural Change) Order 1996 and shall come into force for the purposes of articles 2(2), 4, 6(1), (3) and (4), 9 and 10 on the day after the day on which it is made and for all other purposes on 1st April 1997.
Interpretation
2
1
In this Order —
“ the Act ” means the Local Government Act 1992;
“the 1972 Act ” means the Local Government Act 1972 ;
“Leicester” (except in references to the county of Leicester) means the city of Leicester and “the Leicester Council” means the council of that city;
“Leicestershire” means the non-metropolitan county of Leicestershire and “the County Council” means the council of that county;
“the relevant date” means 6th May 1996;
“relevant provision” means a provision in any subordinate legislation made under the Act or made, in connection with the Act or such provision, under any other enactment;
“the reorganisation date” means 1st April 1997;
“Rutland” (except in references to the county of Rutland) means the non-metropolitan district of Rutland and “the Rutland Council” means the council of that district; and
“subordinate legislation” has the same meaning as in section 21 of the Interpretation Act 1978 .
2
The period beginning with the relevant date and ending immediately before the reorganisation date is specified as the preliminary period for the purposes of any statutory instrument made under the Act.
PART II
LOCAL GOVERNMENT REORGANISATION IN LEICESTER AND RUTLAND
Structural change
3
The functions of the County Council in relation to Leicester and Rutland shall, subject to the following provisions of this Part and to any other relevant provision, be transferred to the Leicester Council and the Rutland Council respectively.
Leicestershire Police Authority
4
1
In this article, “the 1964 Act ” means the Police Act 1964 .
2
For the purposes of the functions to which this article applies —
a
sub-paragraph (1) of paragraph 27 of Schedule 1B to the 1964 Act (meaning of “relevant council”) shall have effect as from 1st October 1996 as if Leicester and Rutland had ceased to form part of Leicestershire on that date; and
b
accordingly, the appointments which are required to be made to the Leicestershire Police Authority (as established under section 3 of the 1964 Act) (“the Authority”) by paragraph 2(2) of that Schedule (appointments of members of police authority by joint committee appointed by relevant councils) shall be made, as soon as practicable after that date, by a joint committee appointed by the County Council, the Leicester Council and the Rutland Council (as relevant councils) in accordance with that provision.
3
The functions to which this article applies are —
a
on and after the reorganisation date, all functions of the Authority; and
b
before that date (but on and after 1st October 1996), the following functions of the Authority in respect of the financial year beginning on the reorganisation date —
i
functions under Chapter IV of Part I of the Local Government Finance Act 1992 (precepts) , and
ii
functions under sections 4A (local policing objectives) and 4B (local policing plans) of the 1964 Act .
4
For the purposes of the functions referred to in paragraph (3)(b) above —
a
section 28(2)(b) of the Police and Magistrates' Courts Act 1994 (approval of decisions about precepts) shall have effect as though the reference to the members of the police authority appointed under paragraph 2 of Schedule 1B to the 1964 Act was a reference to the members so appointed by virtue of paragraph (2) above, and
b
the members of the Authority appointed under paragraph 2 of that Schedule otherwise than by virtue of paragraph (2) above shall not participate in the discharge of those functions.
5
In the exercise of its powers, the joint committee referred to in paragraph (2)(b) above —
a
shall, for the purposes of paragraph 4(1)(b) of Schedule 1B to the 1964 Act, ignore any member of the County Council elected for an electoral division in Leicester or Rutland ; and
b
shall not appoint any such member to the Authority under paragraph 2(2) of Schedule 1B to the 1964 Act.
6
A member of the Authority who was appointed under paragraph 2 of Schedule 1B to the 1964 Act otherwise than by virtue of paragraph (2) above and who is not subsequently so appointed shall cease to hold office as a member of the Authority on the reorganisation date.
7
In determining the period of a term of years for the purpose of paragraph 17 of Schedule 1B to the 1964 Act (term of appointment of members of a police authority), any period as a member of the Authority prior to the reorganisation date under an appointment made by virtue of paragraph (2) above shall be disregarded except where the person in question had been a member of the Authority by virtue of an appointment under paragraph 2 of that Schedule prior to his appointment by virtue of paragraph (2) above.
Amendment of Schedule 1A to Police Act 1964
5
Schedule 1A to the Police Act 1964 shall be amended by inserting after the words“The county of Leicestershire” in the right-hand column opposite the name of the Leicestershire police area the words “and the non-metropolitan districts of Leicester and Rutland”.
Fire services
6
1
In this article —
“the 1947 Act ” means the Fire Services Act 1947 ; and
“the relevant area” means the area comprising Leicestershire (as constituted on and after the reorganisation date), Leicester and Rutland.
2
Leicester and Rutland shall, subject to any combination scheme under the 1947 Act, each become the area of a fire authority for the purposes of that Act.
3
For the purposes of the making of a combination scheme with respect to the relevant area before the reorganisation date in accordance with section 10 of the 1947 Act (power to make schemes in advance of alterations to local government areas), section 5(2) of that Act shall have effect, in relation to that area, as if —
a
in paragraphs (a) and (d) of that subsection, for “the constituent authorities”, wherever those words occur, there were substituted “the council of the county of Leicestershire”; and
b
in paragraphs (e) and (f) of that subsection, for “any of the constituent authorities” there were substituted “the council of the county of Leicestershire”.
4
Section 10 of the 1947 Act shall have effect, in relation to the relevant area, as if after the word “but” there were inserted the words “, except so far as it relates to the constitution of an authority as the fire authority for the combined area constituted by the scheme and the performance by that authority of any functions necessary for bringing the scheme into full operation on that date,”.
Planning functions
7
1
The structure plan applying immediately before the reorganisation date to Leicestershire, and any proposals prepared before that date for the alteration or replacement of that plan, shall be treated as if they had been prepared jointly by the County Council, the Leicester Council and the Rutland Council; and section 50 of the Town and Country Planning Act 1990 (“the 1990 Act”) shall apply accordingly.
2
In relation to the Leicester Council and the Rutland Council —
a
section 36(5) of the 1990 Act (which provides that a local plan shall not contain policies in respect of minerals or waste) shall not apply;
b
subsection (1) of section 37 of that Act (minerals local plans) shall have effect as if, after the words “local plan”, there were added the words “or include in their local plan their detailed policies in respect of development consisting of the winning and working of minerals or involving the deposit of mineral waste”; and
c
subsection (2) of section 38 of that Act (waste policies) shall have effect as if, after paragraph (b), there were added the following —
or
c
include their waste policies in their local plan.
.
Constitution of new counties
8
1
Leicester and Rutland shall cease to form part of Leicestershire.
2
A new county shall be constituted comprising the area of Leicester and shall be named the county of Leicester.
3
A new county shall be constituted comprising the area of Rutland and shall be named the county of Rutland.
4
Section 2(1) of the 1972 Act (which provides that every county shall have a council) shall not apply in relation to the counties of Leicester and Rutland.
PART III
TRANSITIONAL PROVISION
Election of councillors in 1996 and subsequent years
9
1
The City of Leicester (Electoral Arrangements) Order 1979 and the District of Rutland (Electoral Arrangements) Order 1977 shall have effect subject to the provisions of this article.
2
Elections of all councillors of the Leicester Council and the Rutland Council shall be held simultaneously on the ordinary day of election of councillors in 1996, 1999 and every fourth year after 1999 .
3
The term of office of any councillor so elected shall be, in the case of the councillors elected in 1996, three years and, in any other case, four years.
4
On the fourth day after any such elections —
a
the persons who were councillors immediately before those elections shall retire; and
b
the newly elected councillors shall come into office.
5
The City of Leicester (Electoral Arrangements) Order 1984 is hereby revoked.
Retirement of councillors and casual vacancies
10
1
The electoral divisions of Leicestershire comprised in Leicester and Rutland shall cease to be electoral divisions on the reorganisation date; and any person holding office, immediately before that date, as a councillor for such a division shall retire on that date .
2
Section 89 of the 1972 Act (filling of casual vacancies in case of councillors) shall have effect —
a
in the case of a casual vacancy occurring in the office of councillor of the Leicester Council and the Rutland Council during the period beginning with the date on which this article comes into force and ending with the relevant date, as if the reference in subsection (3) of that section to the day on which the councillor whose office is vacant would regularly have retired were a reference to the relevant date; and
b
in the case of a casual vacancy occurring in the office of councillor for any electoral division referred to in paragraph (1) above, as if that reference in that subsection were a reference to the reorganisation date.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
29th February 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Royal West Sussex National Health Service Trust (Transfer of Trust Property) Order 1996 and shall come into force on 28th March 1996.
2
In this Order —
“the Authority” means the West Sussex Health Authority;
“the Trust” means the Royal West Sussex National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 22nd December 1995, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 28th March 1996 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State,
Department of Health
5th March 1996


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


text:
Citation and commencement
1
These Regulations may be cited as the Local Government Act 1988 (Defined Activities) (Specified Period) (Redbridge London Borough Council) Regulations 1996 and shall come into force on 16th April 1996.
Variation of period
2
1
This regulation applies to the management of sports and leisure facilities carried out at the sites listed in paragraph (3) at any time during the period beginning with the day these Regulations come into force and ending on 31st March 1998.
2
Regulation 3 of the Local Government Act 1988 (Defined Activities) (Competition) (England) Regulations 1990 shall apply to work to which this regulation applies as if for the period of 4 years specified in that regulation there were substituted a period of 2 years.
3
The sites referred to in paragraph (1) above are —
a
Fulwell Cross Swimming and Recreation Centre, High Street, Barkingside;
b
The High Road Pool, 468-470 High Road, Seven Kings, Ilford;
c
Cricklefield Athletics Ground, High Road, Seven Kings, Ilford;
d
Ashton Playing Field Athletics Ground, Chigwell Road, Woodford; and
e
Hainault Forest Golf Courses and Hainault Forest Country Park, Romford Road, Chigwell.
Signed by authority of the Secretary of State
Paul Beresford
Parliamentary Under Secretary of State,
Department of the Environment
15th March 1996


text:
Citation and commencement
1
This Order may be cited as the Central Manchester Development Corporation (Dissolution) Order 1996 and shall come into force on 1st April 1996.
Dissolution of the corporation
2
The Central Manchester Development Corporation shall be dissolved on 1st July 1996.
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,
Department of the Environment
28th March 1996


text:
1
These Rules may be cited as the Family Proceedings (Amendment) (No. 2) Rules 1996 and shall come into force on 1st August 1996.
2
In these Rules, every reference to a rule by number alone means the rule so numbered in the Family Proceedings Rules 1991 , and every reference to a form by number alone means the form so numbered in Appendix 1 to those Rules.
3
1
These Rules shall apply to all proceedings commenced by a petition presented on or after 1st July 1996, and in relation to all other proceedings the Family Proceedings Rules 1991 shall have effect as if these Rules had not come into force.
2
Where an application for ancillary relief is made on or after 1st July 1996 but before 1st August 1996, an order including provision made by virtue of section 25B or 25C of the Matrimonial Causes Act 1973 may only be made in favour of a party who, on or after 1st August 1996, applies for such relief in form M11, specifying therein the terms of the order sought including such provision.
3
An application in form M11 made pursuant to paragraph (2) above may be made without the leave of the court, but in every other respect the Family Proceedings Rules 1991 shall apply to such a form M11 as they do to any other form M11.
4
1
After paragraph (1)(d) of rule 2.61 there shall be inserted: —
dd
where the order imposes any requirement on the trustees or managers of a pension scheme by virtue of section 25B or 25C of the Act of 1973, a statement confirming that those trustees or managers have been served with notice of the application and that no objection to such an order has been made by them within 14 days from such service;
.
2
In paragraph (2) of rule 2.61, after “paragraph (1)(b)”there shall be inserted “(and, where appropriate, a statement under paragraph (1)(dd))”.
5
After rule 2.69 there shall be inserted: —
Pensions
2.70
1
Where an applicant for ancillary relief or the respondent to the application is obliged by rule 2.58 to give full particulars of his property and income, he shall also give all information in his possession, power or control concerning any benefits under a pension scheme which he has or is likely to have, including the most recent valuation (if any) furnished by the trustees or managers of the pension scheme pursuant to
a
regulation 11 of and Schedule 1 to the Occupational Pension Schemes (Transfer Values) Regulations 1996;
b
paragraph 2(b) of Schedule 2 to the Personal Pension Schemes (Disclosure of Information) Regulations 1987 ; or
c
regulation 4 (provision of valuations after petition).
2
Where by virtue of rule 2.62(4) the district judge has power to order discovery of any document, he shall also have power to require either party to request a valuation under regulation 4 from the trustees or managers of any pension scheme under which that party has or is likely to have any benefits.
3
No order including provision made by virtue of section 25B or 25C of the Act of 1973 shall be made unless such provision has been sought by way of —
a
a form M11 in accordance with rule 2.53;
b
a form M13 in accordance with rule 2.58; or
c
a draft order lodged in accordance with rule 2.61.
4
Where an application is made for an order which by virtue of section 25B or 25C of the Act of 1973 imposes any requirement on the trustees or managers of a pension scheme, a copy of Form M11 or M13 as the case may be, shall be served on those trustees or managers together with the following:
a
an address to which any notice which the trustees or managers are required to serve under the Divorce etc. (Pensions) Regulations 1996 is to be sent;
b
an address to which any payment which the trustees or managers are required to make to the applicant is to be sent; and
c
where the address in sub-paragraph (b) is that of a bank, a building society or the Department of National Savings, sufficient details to enable payment to be made into the account of the applicant.
5
Trustees or managers of a pension scheme on whom a copy of such a notice is served may, within 14 days after service, require the applicant to provide them with a copy of the affidavit supporting his application.
6
Trustees or managers of a pension scheme who receive a copy of an affidavit as required pursuant to paragraph (5) may within 14 days after receipt file an affidavit in answer.
7
Trustees or managers of a pension scheme who file an affidavit pursuant to paragraph (6) may file therewith a notice to the court requiring an appointment to be fixed; and where such a notice is filed
a
the proper officer shall fix an appointment for the hearing or further hearing of the application and give not less than 14 days' notice of that appointment to the petitioner, the respondent and the trustees or managers of the pension scheme; and
b
the trustees or managers of the pension scheme shall be entitled to be represented at any such hearing.
8
Where the petitioner and the respondent have agreed on the terms of an order which by virtue of section 25B or 25C of the Act of 1973 imposes any requirement on the trustees or managers of a pension scheme, then unless service has already been effected under paragraph (4), they shall serve on the trustees or managers notice of the application together with the particulars set out in sub-paragraphs (a), (b) and (c) of paragraph (4), and no such order shall be made unless either
a
the trustees or managers have not made any objection within 14 days after the service on them of such notice; or
b
the court has considered the objection made by the trustees or managers
and for the purpose of considering any such objection the court may make such direction as it sees fit for the trustees or managers to attend before it or to furnish written details of their objection.
9
Upon the making, amendment or revocation of an order which by virtue of section 25B or 25C of the Act of 1973 imposes any requirement on the trustees or managers of a pension scheme, the party in whose favour the order is or was made shall serve a copy of that order, or as the case may be of the order amending or revoking that order, upon the trustees or managers.
10
In this rule —
a
every reference to a regulation by number alone means the regulation so numbered in the Divorce etc. (Pensions) Regulations 1996;
b
all words and phrases defined in section 25D(3) and (4) of the Act of 1973 have the meanings assigned by those subsections.
.
Mackay of Clashfern, C.
Stephen Brown, P.,
Gerald Angel,
Sandra Andrew
David Salter
Dated 26th June 1996


text:
Citation and commencement
1
These Regulations may be cited as the Tenants' Rights of First Refusal (Amendment) Regulations 1996 and shall come into force on 3rd October 1996.
Amendment to the Landlord and Tenant Act 1987
2
In section 18(3)(a) of the Landlord and Tenant Act 1987 (notices served by prospective purchasers to ensure that rights of first refusal do not arise), for “28 days” substitute “two months”.
Application
3
1
Regulation 2 shall not apply in relation to any disposal in a case where, before these Regulations come into force, the purchaser has served a notice under section 18(1) of the Landlord and Tenant Act 1987, in respect of that disposal, on any of the tenants of the flats affected.
2
In this regulation “the flats affected” and “the purchaser” have the same meaning as in section 18(1) of that Act.
Signed by authority of the Secretary of State for the Environment
Paul Beresford
Parliamentary Under-Secretary of State,
Department of the Environment
12th September 1996
Signed by authority of theSecretary of State for Wales
Jonathan Evans
Parliamentary Under-Secretary of State,Welsh Office
12th September 1996