text:
Citation and commencement
1
These Regulations may be cited as the Insurance (Lloyd's) Regulations 1996 and shall come into force on 24th December 1996.
Interpretation
2
In these Regulations —
“the 1982 Act ” means the Insurance Companies Act 1982;
“the 1983 Regulations ” means the Insurance (Lloyd's) Regulations 1983 ; and
“former member” means a former underwriting member of Lloyd’s (within the meaning of the Lloyd’s Act 1982 ) who has ceased to be a member of Lloyd's, whether by resignation or otherwise, in accordance with the Lloyd’s Act 1982 and any byelaw made thereunder.
AMENDMENTS OF 1982 ACT
Application of 1982 Act to former members of Lloyd's
3
1
If and so long as a former member continues to be liable as a party to contracts of insurance entered into by him as a member of Lloyd's —
a
he shall not require authorisation under section 3 of the 1982 Act by virtue only of being so liable (or of doing anything to meet any liability of his under any of those contracts); but
b
he shall be treated for the purpose of the 1982 Act as if he were a UK company to which Part II of that Act applies in respect of any liability of his under any of those contracts.
2
Paragraph (1) above shall not be taken to affect any question whether (apart from the provisions of this regulation) a former member would require authorisation under section 3 of the 1982 Act or be a person who is subject to Part II of that Act.
4
Section 68 of the 1982 Act (power to modify Part II in relation to particular companies) shall have effect in relation to any former member to whom regulation 3(1) above applies with the following modifications —
a
the requirement for an order under that section to be made on the application, or with the consent, of the person in respect of whom it is made shall be omitted;
b
the order may exclude or modify the application to the person in respect of whom it is made of any provision of Part II of that Act.
Requirements for Lloyd’s underwriters
5
In section 15(4) of the 1982 Act (application of Part II to members of Lloyd's) —
a
omit the words “he complies with”;
b
at the end add the words “are complied with by or in respect of him”.
6
1
Section 83 of the 1982 Act (requirements to be complied with by Lloyd’s underwriters) is amended as follows.
2
In subsection (4), omit the words following “Lloyd's”.
3
For subsection (5) substitute —
4A
The Council of Lloyd’s and the Secretary of State shall be furnished with a certificate from the accountant who audits the accounts of an underwriter which —
a
is in the prescribed form; and
b
contains the statements mentioned in subsection (5) below.
5
The statements so required in relation to the accounts of an underwriter are statements that in the opinion of the auditor —
a
the value of the assets available to meet the underwriter’s liabilities in respect of insurance business is correctly shown in the accounts; and
b
the value of those assets is sufficient to meet the liabilities calculated —
i
in the case of long term business by an actuary; and
ii
in the case of other liabilities, by the auditor on a basis approved by the Secretary of State.
7
After section 85(4) of the 1982 Act (Lloyd’s underwriters — transfer of business) insert —
5
In this section references to a member of Lloyd’s include references to a former underwriting member of Lloyd’s (within the meaning of the Lloyd’s Act 1982) who has ceased to be a member of Lloyd's, whether by resignation or otherwise, in accordance with the Lloyd’s Act 1982 and any byelaw made thereunder.
AMENDMENTS OF 1983 REGULATIONS
Audit
8
1
In regulation 4(1) of the 1983 Regulations, for the words “underwriting member of Lloyd's” substitute the word “underwriter”.
2
For Schedule 2 to the 1983 Regulations (audit certificate), substitute Schedule 2 as set out in the Schedule to these Regulations.
Statement of business by Council of Lloyd's
9
1
After regulation 5(1) of the 1983 Regulations (statement of business) insert —
1A
If it appears to the Council of Lloyd’s that there are special reasons for departing from any of the annexed forms, it may, with the approval of the Secretary of State, do so, but particulars of any such departure and the reasons for it and its effect shall be given by way of an additional note to the relevant form or forms.
2
In Schedule 3 to the 1983 Regulations (statement of business by Council of Lloyd's) for paragraph 3 substitute the following paragraph —
3
A certificate for the purposes of section 83(4A) of the Insurance Companies Act 1982 has been furnished to the Council of Lloyd’s and the Secretary of State in respect of every underwriter at Lloyd’s who has not fully reinsured his liabilities by reinsurance to close in accordance with Lloyd’s byelaws.
3
For paragraph 5 of that Schedule, substitute the following paragraph —
5
Every member of Lloyd’s has complied with regulation 63 (which relates to co-insurance) of the Insurance Companies Regulations 1994 (as applied by regulation 3(1) of the Insurance (Lloyd's) Regulations 1983 ).
4
In Schedule 3 to those Regulations —
a
for the words “underwriting members of Lloyd's” and “underwriting members”, wherever they appear, substitute the words “underwriters at Lloyd's” and “underwriters” respectively;
b
for the words “19 year of account”, wherever they appear, substitute the words “(year) year of account”;
c
in paragraph 4 for the words “31 December 19 ” substitute the words “31 December (year)”;
d
for the words “Secretary General of the Council of Lloyd's” substitute the words “Secretary to the Council of Lloyd's, For and on behalf of the Council of Lloyd's”;
e
in Forms 1 to 10 for the words “31 December 19 ”, wherever they appear, substitute the words “31 December (year)”;
f
in Forms 1 and 2 —
i
for the words in line 2 substitute the words “Reinsurance premiums received from, and amounts placed to reserve in respect of, estimated liabilities of previous accounts”;
ii
for the words in line 4 substitute the words “Gross investment return on syndicate funds”;
iii
for the words in line 8 substitute the words “Reinsurance premiums paid at close of account and amounts placed to reserve in respect of estimated liabilities of accounts which remain open”;
g
in Form 4, columns 2 and 3 delete the words “(see note 2)”; and
h
in Form 9 —
i
for the words in Note 3 substitute the words “A Lloyd’s Special Reserve Fund is a fund maintained under arrangements to which section 452 of the Income and Corporation Taxes Act 1988 applies. New arrangements apply from the 1992/93 tax year under section 175 of the Finance Act 1993 ”; and
ii
for the words in Note 5 substitute the words “The Lloyd’s Central Fund is a fund, held by the Society of Lloyd's, to which underwriters contribute and which can be applied for the purpose of preventing or making good any default by any member of the Society under any contract of insurance or guarantee underwritten at Lloyd's”.
Transitional provisions
10
1
It is immaterial for the purposes of regulation 3(1)(a) when a former member ceased to be a member of Lloyd's; but regulations 3(1)(b) and 4 do not apply to a former member whose membership ceased before the day on which these Regulations come into force.
2
Regulations 6, 8 and 9 apply in relation to the 12 months ending on 31st December 1996, as well as subsequent years.
Anthony Nelson,
Minister for Trade,
Department of Trade and Industry
2nd December 1996


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the HMSO Trading Fund (Revocation) Order 1996 and shall come into force on 5th October 1996.
Revocation
2
This Order revokes the HMSO Trading Fund Order 1980 and the HMSO Trading Fund (Amendment) Order 1994.
Roger Freeman
Chancellor of the Duchy of Lancaster
30th September 1996
Patrick McLoughlin
Bowen Wells
Two of the Lords Commissioners of Her Majesty’s Treasury
30th September 1996


text:
Title and commencement
1
This Order may be cited as the Sussex Sea Fisheries District (Variation) Order 1996 and shall come into force on 19th March 1996.
Variation of the Sea Fisheries District
2
The Order made by the Board of Trade on 15th February 1893 (which created the Sussex Sea Fisheries District) shall be varied as follows —
a
in article 1 (Creation of District), for the words “within three nautical miles from the baselines” there shall be substituted “within six nautical miles from the baselines”;
b
at the end of article 1, there shall be inserted the following paragraph —
In this article “the baselines” means the baselines as they existed at 25th January 1983 in accordance with the Territorial Waters Order in Council 1964 as amended by the Territorial Waters (Amendment) Order in Council 1979 .
.
Tony Baldry
Minister of State, Ministry of Agriculture, Fisheries and Food
18th March 1996


text:
Citation and commencement
1
These Regulations may be cited as the National Health Service Trusts (Membership and Procedure) Amendment Regulations 1996, and shall come into force on 29th July 1996.
Amendment of Regulations
2
1
The National Health Service Trusts (Membership and Procedure) Regulations 1990 shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 1(2) (interpretation) —
a
the definition of “appointing authority” shall be omitted; and
b
in paragraph (a) of the definition of “health service body” for the words “a health authority, Family Health Services Authority” there shall be substituted the words “a Health Authority, a Special Health Authority”.
3
For regulation 3 (appointment of directors) there shall be substituted the following regulation: —
Appointment of directors
3
The non-executive directors of an NHS trust shall be appointed by the Secretary of State, and the executive directors shall be appointed by the relevant committee.
.
4
In regulation 7 (tenure of office of chairman and directors) —
a
in paragraph (1) for the words “appointing authority” there shall be substituted the words “Secretary of State”; and
b
in paragraph (2) for the words “appointing authority” there shall be substituted the words “relevant committee”.
5
In regulation 8(2) (tenure of office of executive directors) for the words “appointing authority” (in both places where those words occur) there shall be substituted the words “relevant committee”.
6
In regulation 9 (termination of tenure of office of chairman and non-executive directors) —
a
in paragraph (1) for the words “appointing authority” there shall be substituted the words “Secretary of State”;
b
for paragraph (3) there shall be substituted the following paragraph: —
3
If the Secretary of State is of the opinion that it is not in the interests of the health service for a person appointed as a chairman or non-executive director of an NHS trust to continue to hold that office, the Secretary of State may forthwith terminate that person’s tenure of office.
; and
c
in paragraph (5) —
i
in sub-paragraph (a) for the words “appointing authority” there shall be substituted the words “Secretary of State”, and
ii
in sub-paragraph (b) for the words from “appointing authority” to “that he” there shall be substituted the words “Secretary of State that at the time of that person’s appointment he was so disqualified, he shall forthwith declare that the person”.
7
In regulation 12(5) (cessation of disqualification under regulation 11(1)(d)) —
a
for the words “the appointing authority” there shall be substituted the words “the Secretary of State”; and
b
the words “or by that appointing authority” shall be omitted.
Signed by authority of the Secretary of State for Health
Gerald Malone
Minister of State
Department of Health
5th July 1996
William Hague
Secretary of State for Wales
8th July 1996


text:
PART I
PRELIMINARY
Citation and commencement
1
These Regulations may be cited as the Local Government Reorganisation (Compensation for Redundancy or Loss of Remuneration) (Education) Regulations 1996 and shall come into force on 1st June 1996.
General interpretation
2
In these Regulations —
“the 1978 Act ” means the Employment Protection (Consolidation) Act 1978 ;
“the 1992 Act ” means the Local Government Act 1992 ;
“the 1994 Act ” means the Local Government (Wales) Act 1994 ;
“the 1988 Regulations ” means the Teachers' Superannuation (Consolidation) Regulations 1988 ;
“the 1989 Regulations ” means the Teachers (Compensation for Redundancy and Premature Retirement) Regulations 1989 ;
“abolished authority” means Avon, Cleveland or Humberside County Councils;
“eligible person” means a person entitled to compensation under Part III of these Regulations;
“local education authority” has the meaning given to that expression by section 114 of the Education Act 1944 as read with regulation 5(6) of the Local Government Changes for England Regulations 1994 ;
“the material date” means the date on which a person ceases to hold relevant employment;
“qualifying employment” in relation to a person to whom Part II of these Regulations applies has the same meaning as in the Local Government (Compensation for Redundancy) Regulations 1994 ;
“relevant body” means —
in England, a local education authority which is the subject of a structural change or boundary change (or both such changes) under a section 17 order;
in Wales, a local education authority which ceases to exist by virtue of, or which is established under, the 1994 Act;
“relevant compensation period” means any period of 36 months beginning on the date on which an eligible person suffers a reduction or further reduction in remuneration to which regulation 15 applies;
“relevant employment” means employment with a relevant body —
as a teacher other than a teacher employed in a school or institution providing further or higher education (within the meaning of section 41(3) of the Education Act 1944 or section 120(1) of the Education Reform Act 1988 respectively) (or both) maintained by a local education authority; or
which is pensionable employment (within the meaning of the 1988 Regulations) by virtue of regulation B3 of those Regulations or which would be pensionable employment had the person in question —
not made an election under regulation B6 of those Regulations; or
if he was in part-time employment, made an election under, or having effect as if made under regulation B1(4) of those Regulations;
and “relevant employer” shall be construed accordingly;
“relevant local government service” has the same meaning as in section 81 of the 1978 Act as modified by paragraph 1 of Schedule 2 to the Redundancy Payments (Local Government) (Modification) Order 1983 (and taking the material date as the relevant event for the purposes of that section);
“the reorganisation date” means —
in relation to a local education authority in England, the date (being 1st April in any year) which is specified as such in relation to that authority in a section 17 order, and
in relation to a local education authority in Wales, 1st April 1996;
“section 17 order” means an order under section 17 of the 1992 Act;
“a week’s pay” shall be calculated in accordance with the provisions of Schedule 14 to the 1978 Act but, for the purposes of these Regulations, the calculation date shall be the material date and the Schedule shall be applied as if paragraph 8(1)(c) has been repealed.
PART II
COMPENSATION FOR REDUNDANCY
Interpretation of Part II
3
In this Part “the prescribed period” means —
a
in respect of a relevant body in England, the period beginning on the day on which the section 17 order is made and ending 18 months after the reorganisation date; and
b
in respect of a relevant body in Wales, the period from 1st January 1996 to 30th September 1997.
Persons to whom Part II applies
4
1
This Part applies to a person who —
a
ceases during the prescribed period to hold his employment with a relevant body by reason of redundancy or in the interests of the efficient exercise of that body’s functions;
b
immediately before he ceased to hold his employment was in relevant employment; and
c
meets the prescribed conditions.
Prescribed conditions
5
1
The provisions of the following paragraphs are prescribed conditions for the purposes of regulation 4.
2
The first condition is that the person has on the material date —
a
attained the age of 18 but has not attained the age of 50 and is entitled to count relevant local government service or qualifying employment amounting in total to not less than 2 years; or
b
has attained the age of 50 but has not attained the age of 65.
3
The second condition is —
a
where the relevant body was an abolished authority, that the body which is specified in Part I of the Schedule as the successor in relation to that body certifies that —
i
the person would otherwise have been entitled to payment under these Regulations; and
ii
the loss of employment was attributable to a section 17 order;
b
where the relevant body is a local education authority in England other than an abolished authority, that it certifies that the loss of employment is attributable to a section 17 order;
c
where the relevant body was an old authority as defined in section 64(1) of the 1994 Act, that the body which is specified in Part II of the Schedule as the successor in relation to that relevant body certifies that —
i
the person would otherwise have been entitled to payment under these Regulations; and
ii
the loss of employment was attributable to any provision made by or under the 1994 Act; or
d
where the relevant body is a county council or county borough council established under the 1994 Act, that it certifies that the loss of employment is attributable to any provision made by or under that Act.
4
The third condition is that the person is not a person who has entered into an agreement as is mentioned in section 142(2) of the 1978 Act to exclude any right to a redundancy payment under Part VI of that Act and on whose cessation of employment on the material date such exclusion takes effect.
5
The fourth condition is that —
a
the person has not been made an offer as set out in section 82(3) of the 1978 Act (as modified by the Redundancy Payments (Local Government) (Modification) Order 1983); or
b
if he has been made such an offer —
i
in circumstances where the conditions in subsection (5)(a) or (b) of that section apply, he must have reasonably refused that offer; or
ii
in circumstances where the conditions in subsection (6) of that section apply and he enters into a trial period as referred to in that subsection, he must have reasonably terminated the contract or have reasonably given notice to terminate it where the contract is, in consequence, terminated.
Computation of compensation
6
1
Before the relevant date a relevant body —
a
shall determine to pay the compensation prescribed in regulation 7(2) to a person who meets the requirements of regulation 7(1);
b
may determine to pay the compensation prescribed in regulation 7(5) to a person who meets the requirements of regulation 7(1);
c
may determine to pay the compensation prescribed in regulation 8 to a person who meets the requirements of regulation 8(1);
d
may determine to pay the compensation prescribed in regulation 9 to a person who meets the requirements of regulation 9(1); and
e
may determine to pay the compensation prescribed in regulation 10 to a person to whom they have determined to pay the compensation prescribed in regulation 8 or 9 as the case may be.
2
In paragraph (1) —
a
“the relevant date” is
i
1st December 1996; or
ii
the date six months after the material date, whichever occurs later; and
b
in any case to which regulation 5(3)(a) or (c) applies, the reference to the relevant body shall be a reference to the body which is specified in the Schedule as the successor to the relevant body by whom the person was employed immediately before he ceased to hold his employment.
3
Where —
a
in accordance with paragraphs (1) and (2) a payment is to be made by a body specified in Part II of the Schedule as a successor authority; and
b
the area of the old authority as referred to in regulation 5(3)(c) is divided among two or more new local government areas by the 1994 Act,
no compensation shall be paid by the successor authority under sub-paragraphs (b), (c), (d) or (e) of paragraph (1) unless the council of each such new local government area has consented to the payment.
General mandatory compensation and additional discretionary compensation
7
1
This regulation applies to a person to whom this Part applies and who, on the material date —
a
has attained the age of 18 but has not attained the age of 50 and who is entitled to count relevant local government service or qualifying employment amounting in total to not less than 2 years; or
b
has attained the age of 50 and who is entitled to count relevant local government service or qualifying employment amounting in total to less than 2 years.
2
The compensation payable under regulation 6(1)(a) shall be an amount equal to the lesser of —
a
a sum equivalent to 66 weeks' pay; or
b
the relevant total sum referred to in paragraphs (3) and (4).
3
In the case of cessation of employment before the age of 23 the relevant total sum shall be —
a
a sum equivalent to one half week’s pay for each complete year of relevant local government service after the attainment of age 18; and
b
where such cessation is on or after the attainment of age 20, a sum equivalent to one half week’s pay for each complete year of relevant local government service after the attainment of age 20.
4
In the case of cessation of employment on or after the attainment of age 23 the relevant total sum shall be —
a
a sum equivalent to 2 weeks' pay for each complete year of relevant local government service after the attainment of age 18; and
b
where such cessation is on or after the attainment of age 41, a sum equivalent to 3 weeks' pay for each complete year of relevant local government service after the attainment of age 41.
5
The compensation which may be payable under regulation 6(1)(b) is such sum which when aggregated to the compensation payable under regulation 6(1)(a) shall not exceed the lesser of —
a
a sum equivalent to 66 weeks' pay; or
b
the relevant total sum calculated in accordance with the formula set out in paragraph (3) or (4) as applicable but with the substitution for the words “relevant local government service” of the words “qualifying employment”.
Discretionary compensation for certain persons
8
1
This regulation applies to a person to whom this Part applies and who —
a
ceases employment on or after the attainment of age 50; and
b
is entitled to count relevant local government service or qualifying employment amounting in total to 2 or more but less than 5 years.
2
The compensation which may be payable under regulation 6(1)(c) shall be the relevant total sum calculated in accordance with paragraph (3);
3
The relevant total sum shall be —
a
a sum equivalent to one and one half weeks' pay for each complete year of relevant local government service after the attainment of age 18;
b
a sum equivalent to two and one half weeks' pay for each complete year of relevant local government service after the attainment of age 41; and
c
a sum equivalent to one half week’s pay.
4
No payment shall be made to a person under this regulation unless —
a
the person gives written consent to such payment after receipt of the written notification referred to in regulation 12; and
b
he waives his right to the immediate payment of benefits under regulation E4(7) of the 1988 Regulations.
Discretionary compensation for certain persons
9
1
This regulation applies to a person to whom this Part applies and who —
a
ceases employment on or after the attainment of age 50; and
b
is entitled to count relevant local government service or qualifying employment amounting in total to not less than 5 years.
2
The compensation which may be payable under regulation 6(1)(d) to a person shall be an amount equal to the lesser of —
a
a sum equivalent to 45 weeks' pay; or
b
the relevant total sum calculated in accordance with regulation 8(3).
3
If a relevant body determines to pay to a person the compensation prescribed in this regulation they shall not credit that person with a period of service under regulation 6(1) of the 1989 Regulations.
Further discretionary compensation
10
1
The compensation which may be payable under regulation 6(1)(e) is such sum which, when aggregated to the compensation payable under regulation 8 or 9 as the case may be, shall not exceed the relevant maximum.
2
In paragraph (1) “relevant maximum” means the lesser of —
a
a sum equivalent to 66 weeks' pay; and
b
the total of —
i
a sum equivalent to 2 weeks' pay for each complete year of relevant local government service after the attainment of age 18; and
ii
a sum equivalent to 3 weeks' pay for each complete year of relevant local government service after the attainment of age 41.
Offset of redundancy payment and other payments
11
1
From the total sum payable to a person to whom this Part applies there shall be deducted an amount equivalent to any redundancy payment made to that person.
2
Subject to paragraph (4), for the purpose of calculating the compensation payable to a person under this Part, the relevant body shall not include in the calculation any years of relevant local government service or qualifying employment which they or a previous relevant body has taken into account for the purposes of calculating compensation which has been paid previously to the person under this Part or the 1989 Regulations.
3
Subject to paragraph (4), no period of relevant local government service or qualifying employment which has been taken into account in calculating compensation paid under this Part may be taken into account for the purposes of calculating compensation to be paid under these Regulations or other regulations made under section 24 of the Superannuation Act 1972.
4
A period of relevant local government service or qualifying employment of a person with a relevant body which is concurrent with relevant local government service or qualifying employment with that relevant body or another employing body may be included in the calculation of relevant local government service or, as the case may be, qualifying employment under this Part by that relevant body.
5
In paragraph (4) above “employing body” means an employing authority within the meaning of the Local Government Superannuation Regulations 1986 , an LGPS employer within the meaning of the Local Government Pension Scheme Regulations 1995 or a National Park Authority in Wales.
Notification of compensation
12
A relevant body, after making a determination in accordance with regulation 6, shall as soon as reasonably practicable give the person in respect of whom that determination is made written notification of the compensation payable, and the calculation thereof.
Payment of compensation
13
Any compensation payable under this Part shall be paid by the relevant body as soon as practicable after making a determination in accordance with regulation 6 in the form of a lump sum payment to the person entitled to receive the compensation and shall not be assignable or chargeable with his debts or other liabilities.
PART III
COMPENSATION FOR LOSS OF REMUNERATION
Interpretation of Part III
14
In this Part —
“the prescribed period” means —
in relation to a relevant body in England, the period commencing at the beginning of the preliminary period, that is to say the period specified as such in the section 17 order which relates to that body and ending 18 months after the reorganisation date; and
in relation to a relevant body in Wales, the period from 4th May 1995 to 30th September 1997.
“remuneration” means all the salary, wages, and other payments made to an eligible person by an employer for his own use and the money value of any accommodation, vehicle or other allowances in kind arising from his employment so far as they are for that person’s private use, but shall not include —
any payment in respect of non-contractual overtime, or non-contractual bonus,
any payment made in consequence of the undertaking of additional duties attributable, in England, to a section 17 order or, in Wales, to any provision made by or under the 1994 Act,
any allowance payable to him to cover the cost of providing office accommodation or clerical or other assistance,
any travelling or subsistence allowance, or other moneys to be spent, or to cover expenses incurred by him for the purposes of his employment,
any payment as compensation for loss of holiday entitlement,
any payment in lieu of notice terminating his employment,
any compensation payable to him under this Part.
Persons to whom Part III applies
15
1
Subject to paragraph (6), any person falling within the cases specified in paragraphs (2) to (4) is entitled to compensation under this Part.
2
This paragraph applies to a person —
a
whose relevant employment terminates on a date falling within the prescribed period (“the former employment”); and
b
who, since the termination of his former employment, has not been in alternative employment and who returns within the prescribed period to employment (“the new employment”) —
i
in England, with a district council or county council which is the subject of a structural change or boundary change (or both such changes) under the same section 17 order as that by which his former relevant employer was affected;
ii
in Wales, with the Residuary Body for Wales, or a county borough council or county council established under the 1994 Act;
c
whose commencing annual rate of remuneration in his new employment is lower than the annual rate he was paid at the termination of his former employment; and
d
who satisfies the qualifying condition mentioned in paragraph (5).
3
This paragraph applies to a person to whom paragraph (2) does not apply, but who —
a
was in relevant employment —
i
with a local education authority in England at the beginning of the prescribed period, who continues in that employment and whose annual rate of remuneration is reduced during that period, or
ii
at the beginning of the prescribed period and whose contract of employment is transferred by an order made under the 1992 Act, by virtue of any provision made by or under the 1994 Act, or otherwise by operation of law, and whose annual rate of remuneration is reduced by the relevant body to whom the contract is transferred, and
b
who satisfies the qualifying condition mentioned in paragraph (5).
4
This paragraph applies to a person to whom either paragraph (2) or (3) above has applied, who suffers a further reduction in remuneration during the prescribed period whilst in relevant employment and who satisfies the qualifying condition mentioned in paragraph (5).
5
For the purposes of paragraphs (2) to (4) above, a person satisfies the qualifying condition where the reduction in his remuneration in attributable —
a
to a section 17 order, or
b
to any provision made by or under the 1994 Act.
6
A person shall not be entitled to compensation under these Regulations if —
a
he is aged 65 or over;
b
he is entitled to compensation under the 1989 Regulations;
c
he is entitled to compensation under Part II of these Regulations, or Part VI of the 1978 Act;
d
he is entitled to the immediate payment of benefits under the 1988 Regulations;
e
section 43(4) of the 1994 Act applies to him;
f
he was not in relevant employment on a date falling 12 months before the reorganisation date;
g
he can be required by his employer in accordance with his contract of employment to work variable hours and his reduction in remuneration is solely attributable to his employer requiring him to work fewer hours.
Amount of compensation in respect of loss or diminution of remuneration
16
1
A relevant body shall pay an eligible person an amount by way of compensation equal to three times the difference —
a
in a case to which regulation 15(2) applies, between the annual rate of remuneration at the termination of his former employment and the commencing annual rate of remuneration of his new employment; or
b
in a case to which regulation 15(3) applies, between the annual rate of remuneration before and after the reduction in question; or
c
in a case to which regulation 15(4) applies, between the annual rate of remuneration before and after the further reduction in question.
2
The amount of compensation payable in accordance with paragraph (1) shall be recalculated on each occasion during the relevant compensation period when the annual rate of remuneration for the relevant employment is increased and shall cease to be payable at any time during which the annual rate of remuneration for the new employment equals or exceeds that for the former employment or, as the case may be, the rate before the reduction or further reduction in question.
3
The relevant body shall calculate the amount of compensation payable in accordance with paragraph (1) and any change in the compensation payable in accordance with paragraph (2).
4
Any change in the amount of compensation payable in accordance with paragraph (2) shall not affect entitlement to any instalment paid before the date on which the rate of remuneration was increased.
Payment of compensation
17
1
Subject to regulation 16(2) to (4), paragraphs (2) to (4) and regulation 19, the amount of compensation payable to an eligible person shall be paid in 36 monthly instalments of which the first shall be paid as soon as practicable after the initial calculation under regulation 16(3).
2
A relevant employer may during the relevant compensation period at such intervals as they think fit make interim payments, or payments on account of any instalment of compensation to which an eligible person has become entitled under these Regulations before a calculation is made under regulation 16(3).
3
If the total of any instalments paid to an eligible person under paragraph (1) above exceeds or falls short of the total amount of compensation to which a person is entitled at the end of the relevant compensation period, the excess or shortfall is to be repaid by the eligible person or, as the case may be, paid by the relevant employer at the end of that period.
4
If at any time during the relevant compensation period an eligible person ceases to be employed by one relevant employer and becomes employed by another, that person shall inform his new employer in writing of his entitlement to compensation under this Part and the new employer shall, subject to regulations 16(2) to (4) and 19 be liable to pay any remaining instalments of compensation required to be paid in accordance with regulation 16 and paragraphs (1) to (3).
Notification of compensation
18
1
A relevant employer shall, after making the necessary calculation in accordance with regulation 16(3), give an eligible person written notice of the amount of compensation payable in accordance with this Part.
2
Written notice shall be given in accordance with paragraph (1) above not later than —
a
the date three months after the date on which the relevant compensation period commences, or
b
1st September 1996,
whichever is the later.
Cessation of relevant employment
19
1
If an eligible person —
a
ceases to be employed in relevant employment in the circumstances mentioned in paragraph (2) below,
b
attains the age of 65 during the relevant compensation period, or
c
dies,
he shall cease to be entitled to any instalments of compensation payable after that event.
2
The circumstances mentioned in paragraph (1) are that before the expiry of the compensation period an eligible person —
a
becomes entitled to compensation under the 1989 Regulations;
b
becomes entitled to compensation under Part II of these Regulations or Part VI of the 1978 Act;
c
becomes entitled to the immediate payment of benefits under the 1988 Regulations; or
d
voluntarily resigns from his employment or is dismissed by his employer
Robin Squire
Parliamentary Under Secretary of State,
Department for Education and Employment
24th April 1996
We consent
Derek Conway
Simon Burns
Two of the Lords Commissioners of Her Majesty’s Treasury
3rd May 1996


text:
Title and commencement
1
These Regulations may be cited as the Medicines (Products for Animal Use — Fees) (Amendment) Regulations 1996 and shall come into force on 13th September 1996.
Amendment of the Medicines (Products for Animal Use — Fees) Regulations 1995
2
The Medicines (Products for Animal Use — Fees) Regulations 1995 shall be amended in accordance with regulations 3 to 7 below.
3
In regulation 2(1) (Interpretation) in the definition of “complex application”for the words “a marketing authorisation, product licence or animal test certificate”there shall be substituted the words “a marketing authorisation or product licence”.
4
In Schedule 1, in Part I (Interpretation), after the definition of “category III application”there shall be inserted the following definition:
“food-producing animals”means animals whose flesh or products are intended for human consumption;.
5
In Schedule 1, Part II, for paragraph 6 (fees for applications for animal test certificates), there shall be substituted the following paragraph:
6
The fee for an application for an animal test certificate in relation to a medicinal product, other than a biological product, which is for administration to food-producing animals shall be £600, and in any other case shall be £250..
6
In Schedule 1, Part IV, for paragraph 6 (fees for an application for the variation of an animal test certificate), there shall be substituted the following paragraph:
6
1
The fee for an application for the variation of an animal test certificate shall be £200..
7
In Schedule 1, Part V, paragraph 3 (fee for an application for renewal of an animal test certificate), for the figure “£525”there shall be substituted the figure “£90”.
Transitional provision
8
Nothing in these Regulations shall apply to an application made before the date these Regulations come into force.
Signed by authority of the Secretary of State for Health
Gerald Malone
Minister of State,
Department of Health
16th August 1996
Signed by authority of the Secretary of State for Wales
Jonathan Evans
Parliamentary Under Secretary of State,
Welsh Office
21st August 1996
Lindsay
Parliamentary Under Secretary of State,
Scottish Office
12th August 1996
Tony Baldry
Minister of State,
Ministry of Agriculture,
Fisheries and Food
7th August 1996
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland this 15th day of August 1996
F. A. Elliott
Permanent Secretary
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland this 20th day of August 1996
J. Murray
Permanent Secretary
We consent,
Bowen Wells
Simon Burns
Two of the Lords Commissioners of Her Majesty’s Treasury
12th August 1996


text:
Citation and commencement
1
These Regulations may be cited as the Insurance Companies (Pension Business) (Transitional Provisions) (Amendment) Regulations 1996 and shall come into force on 24th January 1996.
Interpretation
2
In these Regulations “the principal Regulations ” means the Insurance Companies (Pensions Business) (Transitional Provisions) Regulations 1992 and “regulation” means a regulation of those Regulations.
Amendments to the principal Regulations
3
In regulation 1, for the word “Pensions” there shall be substituted the word “Pension”.
4
In regulation 2 —
a
after the definition of “maximum reduced entitlement” there shall be inserted —
“notional repayment” shall be construed in accordance with paragraph 1A of Schedule 19AB (treated as inserted by regulation 6 of the Insurance Companies (Gilt-edged Securities) (Periodic Accounting for Tax on Interest) Regulations 1995 ) and, in relation to a notional repayment, “provisional repayment period” shall be construed in accordance with that paragraph of that Schedule;
; and
b
in the definition of “provisional repayment”, after the words “Schedule 19AB and” there shall be inserted the words“, in relation to a provisional repayment,”.
5
In regulation 4, in paragraph (1), after the words “any provisional repayment” there shall be inserted the words “or any notional repayment”.
6
In regulation 5 —
a
after the words “claiming a provisional prepayment” there shall be inserted the words “or a notional repayment”;
b
in paragraph (a), after the words “by way of provisional repayment” there shall be inserted the words “or notional repayment”; and
c
in paragraph (c), after the words “the provisional repayment” there shall be inserted the words “or the notional repayment”.
C. W. Corlett
G. H. Bush
Two of the Commissioners of Inland Revenue
2nd January 1996


text:
1
These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 1996 and shall come into force on 9th September 1996.
2
Regulation 9(6) of the Motor Vehicles (Driving Licences) Regulations 1987 shall be amended in accordance with the following regulations.
3
1
The definition of “leg disability” shall be omitted.
2
For the definition of “qualified driver” there shall be substituted —
“qualified driver” means —
in the case of the supervision of the driver of a motor car by a person whose licence is limited by virtue of a notice served under section 92(5)(b) of the Road Traffic Act 1988 to vehicles of a particular class, a person who holds a full licence authorising him to drive a motor car of a class falling within the same category as the motor car being driven by the holder of the provisional licence and who would in an emergency be able to take control of the steering and braking functions of that motor car,
in any other case, a person who holds a full licence authorising him to drive a motor vehicle of the same class as the vehicle being driven by the holder of the provisional licence,
and who is either —
at least 21 years of age and has held the licence referred to above for an aggregate period of 3 years or more, or
a member of the armed services of the Crown acting in the course of his duties for naval, military or air force purposes.
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
23rd July 1996


text:
This Order may be cited as the Nurses, Midwives and Health Visitors (Admission to the Register and Training) Amendment Rules Approval Order 1996 and shall come into force on the 31st December 1996 immediately after the European Nursing and Midwifery Qualification Designation Order 1996 .
Stephen Dorrell
One of Her Majesty’s Principal Secretaries of State
Department of Health
10th December 1996


text:
1
This Order may be cited as the Aberdeen and District Milk Marketing Board Dissolution Order 1996 and shall come into force on 29th April 1996.
2
The Aberdeen and District Milk Marketing Board shall be dissolved on 29th April 1996.
Mike Foulis
Assistant Secretary, Scottish Office
Pentland House,
Edinburgh
10th April 1996


text:
Citation and commencement
1
These Regulations may be cited as the River Ythan Salmon Fishery District (Baits and Lures) Regulations 1996 and shall come into force on 1st February 1997.
Specification of baits and lures and area of application
2
1
Natural prawns and shrimps (whether fresh or preserved, dyed or natural colour) and any part thereof are hereby specified as baits and lures for the purposes of the definition of “rod and line” in section 24(1) of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 .
2
These Regulations shall apply to the River Ythan Salmon Fishery District.
D R Dickson
Assistant Secretary,
Scottish Office
2nd December 1996


text:
Title and commencement
1
These Regulations may be cited as the Dairy Produce Quotas (Amendment) Regulations 1996 and shall come into force on 7th November 1996.
Amendment of the Dairy Produce Quotas Regulations 1994
2
1
The Dairy Produce Quotas Regulations 1994 shall be amended in accordance with paragraph (2) below.
2
In regulation 15 (temporary transfer of quota), for paragraph (3A) there shall be substituted the following paragraph:
3A
In the quota year commencing on 1st April 1996, the notice described in paragraph (3) shall be submitted to the Intervention Board no later than 31st December 1996.
.
Tony Baldry
Minister of State, Ministry of Agriculture, Fisheries and Food
15th October 1996
Lindsay
Parliamentary Under Secretary of State,
Scottish Office
14th October 1996


text:
Citation and commencement
1
These Regulations may be cited as the Local Authorities (Charges for Overseas Assistance and Public Path Orders) Regulations 1996 and shall come into force for the purposes of regulation 3(2) on 1st April 1997 and for all other purposes on the day after the day on which they are made.
Overseas assistance
2
1
A relevant authority may impose a charge for providing advice or assistance in accordance with section 1 of the Local Government (Overseas Assistance) Act 1993 .
2
The amount of a charge under this regulation is to be at the discretion of the relevant authority and, in determining that amount, the authority shall have regard to its costs in providing the advice or assistance in question.
3
In this regulation, “relevant authority” means an authority (other than a joint committee) which is mentioned in any of the following provisions of section 152 of the Local Government and Housing Act 1989 —
a
paragraphs (a) to (f), (h), (i), (ja), and (k) to (m) of subsection (2), and
b
paragraphs (a) and (e) of subsection (3).
Public path orders
3
1
The Local Authorities (Recovery of Costs for Public Path Orders) Regulations 1993 are amended as follows.
2
In regulation 2(1), in the definition of “authority”, for the words from “a joint or special planning board” to “the Local Government Act 1972” there is substituted “a National Park authority”.
3
Regulation 4(2) is omitted.
Signed by authority of the Secretary of State
Paul Beresford
Parliamentary Under Secretary of State,
Department of the Environment
18th July 1996
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
22nd July 1996
George Kynoch
Parliamentary Under Secretary of State, Scottish Office
24th July 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the St. Helier National Health Service Trust (Transfer of Trust Property) Order 1996, and shall come into force on 31st July 1996.
2
In this Order —
“the Authority” means the Merton, Sutton and Wandsworth Health Authority established on 1st April 1996 ;
“the old Authority” means the Merton, Sutton and Wandsworth Health Authority established on 1st April 1994 and abolished on 1st April 1996 ;
“the Trust” means the St. Helier National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the old Authority and the Trust on 14th March 1996, which schedule has been signed on behalf of both the old Authority and the Trust.
Transfer of trust property
2
On 31st July 1996 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State
Department of Health
2nd July 1996


text:
Title and Commencement
1
This Order may be cited as the Brucellosis and Tuberculosis (England and Wales) Compensation (Amendment) Order 1996 and shall come into force on 23rd May 1996.
Amendment of the Brucellosis and Tuberculosis (England and Wales) Compensation Order 1978
2
1
The Brucellosis and Tuberculosis (England and Wales) Compensation Order 1978 shall have effect subject to the following amendments.
2
For paragraph (4) of article 3 (compensation for and ascertainment of value of bovine animals slaughtered for brucellosis or tuberculosis) there shall be substituted the following paragraph —
4
For the purposes of this article, the market value means —
a
in the case of a bovine animal over 30 months old, either —
i
the price which might reasonably have been obtained for it at the time of valuation from a purchaser in the open market if the animal had been in an accredited herd, or were not an affected animal or a reactor, or, in the case of an animal exposed to brucellosis, had not been so exposed; or
ii
the purchase price which would have applied had the animal been slaughtered in accordance with Commission Regulation ( EC ) No. 716/96 adopting exceptional support measures for the beef market in the United Kingdom ,
whichever is the higher;
b
in the case of a bovine animal under 30 months old, the price which might reasonably have been obtained for it at the time of valuation from a purchaser in the open market if the animal had been in an accredited herd, or were not an affected animal or a reactor or, in the case of an animal exposed to brucellosis, had not been so exposed.
.
3
After article 5 (revocation) there shall be added the following article —
Saving
6
In relation to those bovine animals for which compensation has been calculated under the provisions of this Order prior to 23rd May 1996, that calculation shall continue to apply.
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
20th May 1996
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under-Secretary of State, Welsh Office
14th May 1996
We approve,
Derek Conway
Simon Burns
Two of the Lords Commissioners of Her Majesty’s Treasury
16th May 1996


text:
1
This Order may be cited as The Brunel College of Arts and Technology and South Bristol College (Dissolution) Order 1996 and shall come into force on 1st September 1996.
2
On 1st September 1996 the Old Corporations shall be dissolved and all of their respective property, rights and liabilities shall be transferred to the New Corporation, being a body corporate established for purposes which include the provision of educational facilities or services.
3
Section 26(2), (3) and (4) of the Act shall apply to any person employed by either of the Old Corporations immediately before 1st September 1996 as if the references in that section —
a
to a person to whom that section applies were to a person so employed;
b
to the operative date were to 1st September 1996;
c
to the transferor were to either of the Old Corporations (as the case may be); and
d
to the corporation were to the New Corporation.
James Paice
Parliamentary Under-Secretary of State,Department for Education and Employment
6th August 1996


text:
1
These Regulations may be cited as the Statistics of Trade (Customs and Excise) (Amendment) Regulations 1996 and shall come into force on 1st January 1997.
2
The Statistics of Trade (Customs and Excise) (Amendment) Regulations 1995 are hereby revoked.
3
The Statistics of Trade (Customs and Excise) Regulations 1992 shall be amended as follows.
4
In regulation 3(1) for £160,000, in each place where it occurs, there shall be substituted £195,000.
Ray McAfee
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
26th November 1996


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Adventure Activities (Enforcing Authority and Licensing Amendment) Regulations 1996 and shall come into force on 19th July 1996.
2
In these Regulations “the 1996 Regulations ” means the Adventure Activities Licensing Regulations 1996 .
Application of Health and Safety (Enforcing Authority) Regulations 1989
2
1
The Health and Safety (Enforcing Authority) Regulations 1989 shall, subject to paragraph (2) below, apply in respect of the enforcement of the 1996 Regulations.
2
Where, by virtue of paragraph (1) above, a local authority is responsible for the enforcement of the 1996 Regulations in relation to premises, it shall be responsible for such enforcement in relation to the provision of facilities for adventure activities (within the meaning of the 1996 Regulations) —
a
at those premises; and
b
from those premises if the premises are, at the time in question, primarily used for, or as a base for, the provision of instruction or leadership in sporting, recreational or outdoor activities;
and references in the said Regulations of 1989 to an enforcing authority for premises shall be construed accordingly.
Amendment of 1996 Regulations
3
1
The 1996 Regulations shall be amended as follows.
2
In regulation 7(1)(a) for “regulation 5(1)(a)” there shall be substituted “regulation 5(1)(a)(i)” and for “regulation 5(1)(b)” there shall be substituted “regulation 5(1)(a)(ii)”.
Henley
Minister of State,
Department for Education and Employment
22nd June 1996