text:
Citation and commencement
1
This Order may be cited as the London Docklands Development Corporation (Alteration of Boundaries) (Limehouse and Wapping) Order 1996 and shall come into force on 31st January 1997.
Interpretation
2
In this Order —
“ the authority ”means the council of the London borough of Tower Hamlets;
“the development area ”means the area designated as an urban development area by the London Docklands Development Corporation (Area and Constitution) Order 1980 ;
“the development corporation ”means the London Docklands Development Corporation;
“the excluded area ”means the area shown on the maps bounded externally by a red line;
“the maps”means the four maps respectively labelled “Map 1”, “Map 2”, “Map 3”and “Map 4”which are collectively entitled “Maps referred to in the London Docklands Development Corporation (Alteration of Boundaries) (Limehouse and Wapping) Order 1996”, one set of which, signed by an Under Secretary in the Government Office for London, has been deposited and is available for inspection at the offices of each of the Secretary of State for the Environment, the London Docklands Development Corporation and the councils of the London boroughs of Newham, Southwark and Tower Hamlets;
“private road”means a road, within the meaning of section 142 of the Road Traffic Regulation Act 1984 , other than any length of highway; and
“the 1990 Act ”means the Town and Country Planning Act 1990 .
Alteration of development area
3
Subject to the following provisions of this Order, the boundaries of the development area shall be altered so as to exclude the excluded area and, as regards any matter arising after the date of the coming into force of this Order, any reference in an enactment to the development area shall be a reference to that area as it has been altered by this Order.
Transitional provisions in connection with article 3
4
The development corporation may continue to exercise the powers conferred on it by section 136 of the Local Government, Planning and Land Act 1980 —
a
to hold, manage, reclaim and dispose of —
i
any land in the excluded area owned by it at the date of the coming into force of this Order; and
ii
any other property owned by it, at that date, in connection with any land in the excluded area;
b
without prejudice to paragraph (a), where the freehold interest of any land in the excluded area is owned by the development corporation, to acquire, hold, manage, reclaim and dispose of a leasehold interest in such land;
c
without prejudice to paragraph (a), to acquire, hold, manage, reclaim and dispose of —
i
any land in the excluded area in, on, over or under which a private road, or part of a private road, has been built prior to the date of the coming into force of this Order in exercise of the powers in section 136, or
ii
any land adjacent to any part of that private road,
where the acquisition of that land is for the purpose of the subsequent disposal of that road or that part of a road;
d
to discharge any obligation, exercise any right, power or privilege or assign any benefit under any agreement entered into by it in connection with the excluded area before the date of the coming into force of this Order; and
e
to commence, defend or carry on any proceedings in connection with any matter arising under or in relation to any such agreement as is mentioned in paragraph (d) above and to take such further steps as may be expedient in connection with any such proceedings;
and such powers shall be exercised as if the excluded area continued to form part of the development area.
Liability for compensation
5
1
Where a right to compensation arises, in consequence of the acquisition or vesting of any land within the excluded area by or in the development corporation under Part XVI of the Local Government, Planning and Land Act 1980 (urban development), the development corporation shall be liable for any compensation which is payable.
2
Where a right to compensation arises under Part I of the Land Compensation Act 1973 (compensation for depreciation caused by use of public works) in relation to any land within the excluded area, in consequence of any action taken by the development corporation in the development area, the development corporation shall be liable for any compensation which is payable.
Transitional provisions in connection with planning functions
6
1
Subject to articles 7 and 8, this article applies as respects any planning functions which were transferred to the development corporation by the London Docklands Development Corporation (Planning Functions) Order 1990 and in respect of which the development corporation ceased, by virtue of the preceding provisions of this Order, to be the local planning authority responsible for exercising those functions.
2
Anything which before the date of the coming into force of this Order was in the process of being done by, to or in relation to the development corporation in connection with any of the functions mentioned in paragraph (1) above may be continued after that date by, to or in relation to the authority.
Transitional provisions in connection with planning applications
7
1
This article applies as respects any application for planning permission or approval of reserved matters or for any other approval, consent or determination under the 1990 Act, or the Planning (Listed Buildings and Conservation Areas) Act 1990 , or under any order or regulations made or having effect under either of those Acts —
a
which, before the date of the coming into force of this Order, was duly made to the development corporation and which has not been determined on or before that date, and
b
in respect of which the development corporation ceases, by virtue of the preceding provisions of this Order or by virtue of a direction made under section 77 of the 1990 Act (reference of application to Secretary of State), to be the local planning authority responsible for determining the application.
2
Except where the development corporation transmits the application to the authority for determination in accordance with paragraph (3), the development corporation shall have in relation to an application the same powers and duties as it would have had if this Order had not come into force.
3
The development corporation shall transmit to the authority for determination —
a
any application which it has resolved with the agreement of the applicant to transmit to the authority; and
b
any other application which it has not determined before 28th March 1997,
other than any application in respect of which a direction has been made under section 77 of the 1990 Act.
4
Subject to paragraph (5), where the development corporation transmits an application to the authority for determination, the application shall be accompanied by a copy of any representation received by the development corporation concerning the application and shall be treated as received by the authority from the applicant on the day on which it is transmitted to the authority.
5
Where notices, certificates, publicity or consultations have been, or are in the process of being, given or carried out in relation to an application before the day on which it is transmitted to the authority, paragraph (4) shall not be construed as requiring further notices, certificates, publicity or consultations solely because the application is treated as received by the authority from the applicant on that day.
6
Where an appeal is made to the Secretary of State under section 78 of the 1990 Act or section 20 of the Planning (Listed Buildings and Conservation Areas) Act 1990 in relation to an application to which this article applies, the authority shall be the local planning authority for the purposes of the appeal.
7
The authority shall be the local planning authority in relation to any application in respect of which a direction has been made under section 77 of the 1990 Act —
a
where the development corporation has resolved with the agreement of the authority that the authority shall be the local planning authority in relation to that application; and
b
in any other case, where the application has not been determined before 28th March 1997 or has not been finally determined before that date following an application to the High Court under section 288 of the 1990 Act.
Liability for compensation in connection with planning functions and planning obligations
8
1
Where a right to compensation arises under section 107, 108, 115, 186, 203 or 204 of the 1990 Act or section 28 or 29 of the Planning (Listed Buildings and Conservation Areas) Act 1990 in consequence of action taken in relation to land within the excluded area by the development corporation, the development corporation shall be liable for any compensation which is payable.
2
Where the Secretary of State makes an order or serves a notice, as the case may be, under section 100, 104, 185 or 202 of, or paragraph 11 of Schedule 9 to, the 1990 Act in respect of a matter arising before the date of the coming into force of this Order, which relates to land within the excluded area, the development corporation shall be liable to pay any compensation arising from the order or notice.
3
A planning obligation entered into by agreement or otherwise under section 106 of the 1990 Act in relation to land within the excluded area which identifies the development corporation as the local planning authority by whom the obligation is enforceable shall be enforceable by the authority.
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,
Department of the Environment
16th December 1996


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Claims and Payments) (Jobseeker’s Allowance Consequential Amendments) Regulations 1996 and shall come into force on 7th October 1996.
Amendment of the Social Security (Claims and Payments) Regulations 1987
2
1
The Social Security (Claims and Payments) Regulations 1987 are amended in accordance with the following provisions of this regulation.
2
In regulation 2 —
a
in paragraph (1) —
i
in the definition of “appropriate office”, for the words “the Department of Employment” there are substituted the words “the Department for Education and Employment”; and
ii
there are inserted at the appropriate places the following definitions —
“the Jobseekers Act ” means the Jobseekers Act 1995;
;
“jobseeker’s allowance” means an allowance payable under Part I of the Jobseekers Act;
;
“the Jobseeker’s Allowance Regulations ” means the Jobseeker’s Allowance Regulations 1996 ;
;
b
in paragraph (2), in sub-paragraph (b), at the end there are added the words “and a jobseeker’s allowance under Part I of the Jobseekers Act”; and
c
after paragraph (2) there is inserted the following paragraph —
2A
References in regulations 20, 21 (except paragraphs (3) and (3A)), 29, 30, 32 to 34, 37 (except paragraph (1A)), 37A, 37AA (except paragraph (3)), 37AB, 37B, 38 and 47 to “benefit”, “income support” or “a jobseeker’s allowance”, include a reference to a back to work bonus which, by virtue of regulation 25 of the Social Security (Back to Work Bonus) Regulations 1996 , is to be treated as payable as income support or, as the case may be, as a jobseeker’s allowance.
.
3
In regulation 3, after paragraph (e) there is added the following paragraph —
g
in the case of a jobseeker’s allowance where —
i
that allowance has previously been claimed and an award made;
ii
the Secretary of State has directed under regulation 37(1A) that payment under that award be suspended for a definite or indefinite period on the ground that a question arises whether the conditions for entitlement to that allowance are or were fulfilled or the award ought to be revised;
iii
subsequently that suspension expires or is cancelled in respect of a part only of the period for which it has been in force;
iv
it is then determined that the award should be revised to the effect that there was no entitlement to the allowance in respect of all or any part of the period between the start of the period over which the award has been suspended and the date when the suspension expires or is cancelled; and
v
there are no other circumstances which cast doubt on the claimant’s entitlement.
.
4
In regulation 4 —
a
after paragraph (3A) there is inserted the following paragraph —
3B
For the purposes of income-based jobseeker’s allowance —
a
in the case of a married or unmarried couple, a claim shall be made by whichever partner they agree should so claim or, in default of agreement, by such one of them as the Secretary of State shall in his discretion determine;
b
where there is no entitlement to contribution-based jobseeker’s allowance on a claim made by one partner and the other partner wishes to claim income-based jobseeker’s allowance, the claim made by that other partner shall be treated as having been made on the date on which the first partner made his claim; and
c
where entitlement to income-based jobseeker’s allowance arises on the expiry of entitlement to contribution-based jobseeker’s allowance consequent on a claim made by one partner and the other partner then makes a claim —
i
the claim of the first partner shall be terminated; and
ii
the claim of the second partner shall be treated as having been made on the day after the entitlement to contribution-based jobseeker’s allowance expired.
; and
b
for paragraph (6) there is substituted the following paragraph —
6
A person wishing to make a claim for benefit shall —
a
if it is a claim for a jobseeker’s allowance, unless the Secretary of State otherwise directs, attend in person at an appropriate office or such other place, and at such time, as the Secretary of State may specify in his case in a notice under regulation 23 of the Jobseeker’s Allowance Regulations;
b
if it is a claim for any other benefit, deliver or send the claim to an appropriate office.
5
In regulation 6 —
a
in paragraph (3), after the words “disability working allowance” there are inserted the words “, jobseeker’s allowance”;
b
in paragraph (4), for the words “or disability working allowance” there are substituted the words “, disability working allowance or jobseeker’s allowance”; and
c
after paragraph (4) there are inserted the following paragraphs —
4A
Where a person notifies the Secretary of State (by whatever means) that he wishes to claim a jobseeker’s allowance —
a
if he subsequently attends for the purpose of making a claim for that benefit at the time and place specified by the Secretary of State, the claim shall be treated as made on whichever is the later of —
i
the date on which that notification was given; and
ii
the first day in respect of which the claim is made;
b
if, without good cause, he fails to attend at either the time or the place so specified the claim shall be treated as made on the first day on which he does attend at that place.
4B
Where a person’s entitlement to a jobseeker’s allowance has ceased in any of the circumstances specified in regulation 25(1)(a), (b) or (c) of the Jobseeker’s Allowance Regulations (entitlement ceasing on a failure to comply) and —
a
where he had normally been required to attend in person, he shows that the failure to comply which caused the cessation of his previous entitlement was due to any of the circumstances mentioned in regulation 30(c) or (d) of those Regulations, and no later than the day immediately following the date when those circumstances cease to apply he makes a further claim for jobseeker’s allowance; or
b
where he had not normally been required to attend in person, he shows that he did not receive the notice to attend and he immediately makes a further claim for jobseeker’s allowance,
that further claim shall be treated as having been made on the day following that cessation of entitlement.
4C
Where a person’s entitlement to a jobseeker’s allowance ceases in the circumstances specified in regulation 25(1)(b) of the Jobseeker’s Allowance Regulations (failure to attend at time specified) and that person makes a further claim for that allowance on the day on which he failed to attend at the time specified, that claim shall be treated as having been made on the following day.
.
6
In regulation 7 —
a
at the beginning of paragraphs (1) and (2) there are inserted the words “Subject to paragraph (7),”;
b
in paragraph (4) , for the words “or income support” there are substituted the words “, income support or jobseeker’s allowance”; and
c
after paragraph (6) there is inserted the following paragraph —
7
Paragraphs (1) and (2) do not apply in the case of jobseeker’s allowance.
.
7
In regulation 8 —
a
paragraph (1) is omitted; and
b
in paragraph (2), after the word “benefit” there are inserted the words “(other than a jobseeker’s allowance)”.
8
In regulation 15, in paragraph (5), the words “or unemployment benefit” are omitted.
9
In regulation 16, in paragraph (4), for the words “unemployment benefit” there are substituted the words “jobseeker’s allowance”.
10
In regulation 17 —
a
for paragraph (1A) , there is substituted the following paragraph —
1A
Where an award of income support or an income-based jobseeker’s allowance is made in respect of a married or unmarried couple and one member of the couple is, at the date of claim, a person to whom section 126 of the Contributions and Benefits Act or, as the case may be, section 14 of the Jobseekers Act applies, the award of benefit shall cease when the person to whom section 126 or, as the case may be, section 14 applies returns to work with the same employer.
;
b
paragraph (2) is omitted;
c
in paragraph (3), the words “, in any case outside paragraph (2),” are omitted;
d
in paragraph (5), for the words “unemployment benefit” there are substituted the words “a jobseeker’s allowance”.
11
Regulation 18 is omitted.
12
In regulation 19 —
a
in paragraph (2A) , for the words “or disability working allowance” there are substituted the words “, disability working allowance or jobseeker’s allowance”; and
b
in paragraph (4), after the words “disability working allowance” there are inserted the words “, jobseeker’s allowance”.
13
In regulation 24, in the heading and in paragraph (1), the words “unemployment benefit,” are omitted.
14
After regulation 26 there is inserted the following regulation —
Jobseeker’s allowance
26A
1
Subject to the following provisions of this regulation, jobseeker’s allowance shall be paid fortnightly in arrears unless in any particular case or class of case the Secretary of State arranges otherwise.
2
The provisions of paragraph 2A of Schedule 7 (payment of income support at times of office closure) shall apply for the purposes of payment of a jobseeker’s allowance as they apply for the purposes of payment of income support, except that in sub-paragraph (1)(b) of that paragraph the reference to an office of the Department of Social Security or associated office shall be read as a reference to an office of the Department for Education and Employment.
3
Where the amount of a jobseeker’s allowance is less than £1.00 a week the Secretary of State may direct that it shall be paid at such intervals, not exceeding 13 weeks, as may be specified in the direction.
4
Subject to paragraphs (5) to (8), where an award of jobseeker’s allowance is revised on the ground that there has been, or there is expected to be, a relevant change of circumstances, the revised award shall have effect from the first day of the benefit week (as defined in regulation 1(3) of the Jobseeker’s Allowance Regulations) in which that relevant change of circumstances occurred or is expected to occur.
5
Where the relevant change of circumstances giving rise to the revised award is that —
a
entitlement to jobseeker’s allowance ends, or is expected to end, for a reason other than that the claimant no longer satisfies the provisions of section 3(1)(a) of the Jobseekers Act; or
b
a child or young person who is normally in the care of a local authority or who is detained in custody lives, or is expected to live, with the claimant for a part only of a benefit week; or
c
the claimant or his partner enters, or is expected to enter, a nursing home or residential care home for a period of no more than 8 weeks; or
d
the partner of the claimant or a member of his family ceases, or is expected to cease, to be a hospital in-patient for a period of less than a week,
the revised award shall have effect on the date that the relevant change of circumstances occurs or is expected to occur.
6
Where the relevant change of circumstances giving rise to a revised award is any of those specified in paragraph (5), and, in consequence of those circumstances ceasing to apply, the award is again revised, the award, as again revised, shall have effect on the date that those circumstances ceased to apply.
7
Where, under the provisions of regulation 96 of the Jobseeker’s Allowance Regulations, income is treated as paid on a certain date and that payment gives rise, or is expected to give rise, to a relevant change of circumstances resulting in a revised award, that revised award shall have effect on that date.
8
Where a relevant change of circumstances occurs which results, or is expected to result, in a reduced award of jobseeker’s allowance then, if the Secretary of State is of the opinion that it will be impracticable to give effect to that revised award in accordance with the other provisions of this regulation, the revised award shall have effect on the first day of the benefit week following that in which the relevant change of circumstances occurs.
.
15
In regulation 30, in paragraph (5), after the words “other than” there are inserted the words “jobseeker’s allowance,”.
16
In regulation 32 —
a
at the beginning of paragraph (1) there are inserted the words
Except in the case of a jobseeker’s allowance,
; and
b
in paragraph (3) , after the words “income support” there are inserted the words “or a jobseeker’s allowance”.
17
In regulation 37 —
a
at the beginning of paragraph (1) there are inserted the words
Subject to paragraph (1A),
; and
b
after paragraph (1) there is inserted the following paragraph —
1A
Where, in the case of a person who is in receipt of a jobseeker’s allowance, it appears to the Secretary of State that a question arises whether that person is or was available for employment or whether he is or was actively seeking employment, payment of benefit shall be suspended until such time as that question has been determined.
.
18
In regulation 37AA , for paragraph (3) there are substituted the following paragraphs —
3
Where a person who is in receipt of a jobseeker’s allowance —
a
has previously attended in compliance with a notice under regulation 23 of the Jobseeker’s Allowance Regulations (attendance) but subsequently fails to attend in compliance with such a notice, benefit may be withheld from a date not earlier than the day following the last day on which he did attend in compliance with such a notice;
b
is a person who has not previously been required to attend in compliance with such a notice, is served with such a notice but fails to attend in compliance with it, benefit may be withheld from the day following the last day in respect of which the last payment of benefit was made to him;
c
is a person who has made a claim but who has not yet received any payment in respect of that claim and who fails to attend in compliance with such a notice, benefit may be withheld from the date of that claim.
3A
Where a person who is in receipt of a jobs3eeker’s allowance —
a
has previously provided a signed declaration as referred to in regulation 24(6) of the Jobseeker’s Allowance Regulations but subsequently fails to provide such a declaration in accordance with regulation 24(10) of those Regulations, benefit may be withheld from a date not earlier than the day following the last day on which he provided such a declaration;
b
is a person who has not previously been required to provide such a declaration, is required to do so in accordance with regulation 24(10) of those Regulations, but fails to do so, benefit may be withheld from the day following the last day in respect of which the last payment of benefit was made to him;
c
is a person who has made a claim but who has not yet received any payment in respect of that claim and who fails to provide such a declaration when required to do so under regulation 24(10) of those Regulations, benefit may be withheld from the date of that claim.
.
19
In Schedule 1 —
a
in column (1), the words “unemployment benefit” and the entry opposite those words in column (2) are omitted; and
b
in column (1), the words “an increase of unemployment benefit” and the entry opposite those words in column (2) are omitted.
20
In Schedule 2 —
a
in the heading, for the words “UNEMPLOYMENT BENEFIT” there are substituted the words “JOBSEEKER'S ALLOWANCE”;
b
in paragraph 1 —
i
in sub-paragraph (1)(b), for the words “unemployment benefit office” there are substituted the words “office of the Department for Education and Employment”; and
ii
in sub-paragraph (2), for the words “unemployment benefit”, in both places where they occur, there are substituted the words “a jobseeker’s allowance”.
21
Schedule 3 is omitted.
22
In Schedule 4, in paragraph 1 of column (1), for the words “Unemployment benefit” there are substituted the words “Jobseeker’s allowance”, and in column (2) for the words opposite those words there are substituted the words “The first day of the period in respect of which the claim is made”.
23
In Schedule 5, paragraph 1 is omitted.
24
In Schedule 7 —
a
in sub-paragraph (b) of paragraph 2, the words “unemployment benefit,” are omitted;
b
in paragraph 4, in the definition of “relevant social security benefit” the words “unemployment benefit,” are omitted; and
c
in paragraph 6, for sub-paragraphs (5) and (5A) there is substituted the following sub-paragraph
5
If a claim is made by a claimant within 3 days of the date on which he became resident in a resettlement place provided pursuant to section 30 of the Jobseekers Act or at a centre providing facilities for the rehabilitation of alcoholics or drug addicts, and the claimant is so resident for the purposes of that rehabilitation, then the claim shall be treated as having been made on the day the claimant became so resident.
.
25
In Schedule 8, in sub-paragraph (b) of paragraph 2, after the words “income support,” there are inserted the words “an income-based jobseeker’s allowance,”.
26
In Schedule 9 —
a
paragraph 1 is renumbered as sub-paragraph (1) of paragraph 1, and in that sub-paragraph —
i
for the definition of “housing costs” there is substituted the following definition —
“housing costs” means any housing costs met under —
Schedule 3 to the Income Support Regulations but —
excludes costs under paragraph 17(1)(f) of that Schedule (tents and tent sites); and
includes costs under paragraphs 17(1)(a) (ground rent and feu duty) and 17(1)(c) (rentcharges) of that Schedule but only when they are paid with costs under paragraph 17(1)(b) of that Schedule (service charges); or
Schedule 2 to the Jobseeker’s Allowance Regulations but —
excludes costs under paragraph 16(1)(f) of that Schedule (tents and tent sites); and
includes costs under paragraphs 16(1)(a) (ground rent and feu duty) and 16(1)(c) (rentcharges) of that Schedule but only when they are paid with costs under paragraph 16(1)(b) of that Schedule (service charges);
;
ii
for the definition of “mortgage payment” there shall be substituted the following definition —
“mortgage payment” means the aggregate of any payments which fall to be met under —
Schedule 3 to the Income Support Regulations in accordance with paragraphs 6 to 10 of that Schedule (housing costs to be met in income support) on a loan which qualifies under paragraph 15 or 16 of that Schedule, but less any amount deducted under paragraph 18 of that Schedule (non-dependant deductions); or
Schedule 2 to the Jobseeker’s Allowance Regulations in accordance with paragraphs 6 to 9 of that Schedule (housing costs to be met in jobseeker’s allowance) on a loan which qualifies under paragraph 14 or 15 of that Schedule, but less any amount deducted under paragraph 17 of that Schedule (non-dependant deductions),
as the case may be.
;
iii
in the definition of “specified benefit” , the words “unemployment benefit,” in each place where they occur are omitted and at the end of the definition there are added the words —
and
c
subject to sub-paragraph (2), jobseeker’s allowance;
;
iv
in the definition of “personal allowance for a single claimant aged not less than 25 years”, after the words “column 2 of Schedule 2 to the Income Support Regulations” there are inserted the words “or, as the case may be, paragraph 1(1)(e) of Schedule 1 to the Jobseeker’s Allowance Regulations”;
b
after that sub-paragraph there is inserted the following sub-paragraph —
2
For the purposes of the definition of “specified benefit” in sub-paragraph (1), “jobseeker’s allowance” means —
a
income-based jobseeker’s allowance; and
b
in a case where, if there was no entitlement to contribution-based jobseeker’s allowance, there would be entitlement to income-based jobseeker’s allowance at the same rate, contribution-based jobseeker’s allowance.
;
c
in paragraph 3, in sub-paragraph (2A) —
i
in head (b), after the words “Schedule 3 to the Income Support Regulations” there are inserted the words “or, as the case may be, paragraph 4(8) or (11) or paragraph 17 of Schedule 2 to the Jobseeker’s Allowance Regulations”; and
ii
in the definition of “C”, after the words “Schedule 3 to the Income Support Regulations” there are inserted the words “or, as the case may be, paragraph 4(8) or (11) or paragraph 17 of Schedule 2 to the Jobseeker’s Allowance Regulations”;
d
in paragraph 4 —
i
in sub-paragraph (1), after the words “award of income support” there are inserted the words “or jobseeker’s allowance”;
ii
in head (a) of that sub-paragraph, after the words “regulation 19(3) of the Income Support Regulations” there are inserted the words “or, as the case may be, regulation 1(3) of the Jobseeker’s Allowance Regulations”;
iii
in head (b) of that sub-paragraph, after the words “Income Support Regulations” there are inserted the words “or, as the case may be, Schedule 4 (applicable amounts of persons in residential care and nursing homes) or paragraph 15 of Schedule 5 (persons in residential accommodation) to the Jobseeker’s Allowance Regulations;”
iv
in sub-paragraph (2), after the words “income support” where they first appear there are inserted the words “or jobseeker’s allowance”;
v
in head (a) of that sub-paragraph, after the words “that Schedule” there are inserted the words “or, as the case may be, the amount of the award under paragraph 1(1)(a) of Schedule 4 to the Jobseeker’s Allowance Regulations excluding any increase under paragraph 2(2) of that Schedule”;
vi
in head (ab) of that sub-paragraph —
a
after the words “award of income support” there are inserted the words “or jobseeker’s allowance”;
b
after the words “regulation 28 of the Income Support Regulations” there are inserted the words “or, as the case may be, regulation 93 of the Jobseeker’s Allowance Regulations”;
c
in sub-head (i), after the words “Income Support Regulations” there are inserted the words “or, as the case may be, paragraph 11 of Schedule 4 to the Jobseeker’s Allowance Regulations”; and
d
in sub-head (ii), for the words “that Schedule” there are substituted the words “whichever of those Schedules is applicable”;
vii
in head (c) of that sub-paragraph, for the words “those Regulations” there are substituted the words “the Income Support Regulations or, as the case may be, under paragraph 15(1)(a), (b), (c) or (e) of Schedule 5 to the Jobseeker’s Allowance Regulations”;
viii
for sub-paragraph (3) of that paragraph there is substituted the following sub-paragraph —
3
In relation to miscellaneous accommodation costs —
a
where an award of income support is calculated in accordance with Part VII of the Income Support Regulations (calculation of income support for part-weeks) the amount of any payment of income support to a third party determined under sub-paragraph (1) shall be —
i
where the amount is calculated under regulation 73(1) of the Income Support Regulations, an amount calculated in accordance with sub-paragraph (2)(a) or, as the case may be, (c) above, divided by 7 and multiplied by the number of days in the part-week; or
ii
where the amount is calculated under regulation 73(2) of those Regulations, an amount calculated in accordance with regulation 73(4)(a)(i) or (b)(i) as the case may be; or
b
where an award of jobseeker’s allowance is calculated in accordance with Part XI of the Jobseeker’s Allowance Regulations (part-weeks) the amount of any payment of jobseeker’s allowance to a third party determined under sub-paragraph (1) shall be —
i
where the amount is calculated under regulation 150(1) of the Jobseeker’s Allowance Regulations, an amount calculated in accordance with sub-paragraph (2)(a) or, as the case may be, (c) above, divided by 7 and multiplied by the number of days in the part-week; or
ii
where the amount is calculated under regulation 151(1) of those Regulations, an amount calculated in accordance with regulation 151(2)(a)(i) or (b)(i) as the case may be,
and no payment shall be made to a third party under this sub-paragraph where the Secretary of State certifies it would be impracticable to do so in that particular case.
;
e
in paragraph 4A , for sub-paragraph (6) there is substituted the following sub-paragraph —
6
Where —
a
an award of income support is calculated in accordance with regulation 73(1) of the Income Support Regulations (calculation of income support for part-weeks); or
b
an award of jobseeker’s allowance is calculated in accordance with regulation 150(1) of the Jobseeker’s Allowance Regulations (amount of a jobseeker’s allowance payable),
the amount of any payment of income support or, as the case may be, jobseeker’s allowance payable to a third party determined under sub-paragraph (2) above shall be an amount calculated in accordance with sub-paragraph (3)(a) or (b) above divided by 7 and multiplied by the number of days in the part-week, and no payment shall be made to a third party under this sub-paragraph where the Secretary of State certifies that it would be impracticable to do so in that particular case.
;
f
in paragraph 5, for sub-paragraph (5) there is substituted the following sub-paragraph —
5
A determination under this paragraph shall not be made without the consent of the beneficiary if the aggregate amount calculated in accordance with sub-paragraphs (3) and (6) exceeds a sum equal to 25 per cent. of the applicable amount for the family as is awarded under —
a
in the case of income support, sub-paragraphs (a) to (d) of regulation 17(1) (applicable amounts) or sub-paragraphs (a) to (e) of regulation 18(1) (polygamous marriages) of the Income Support Regulations; or
b
in the case of jobseeker’s allowance, paragraphs (a) to (e) of regulation 83 (applicable amounts) or sub-paragraphs (a) to (f) of regulation 84(1) (polygamous marriages) of the Jobseeker’s Allowance Regulations.
;
g
in paragraph 6, for sub-paragraph (6) there is substituted the following sub-paragraph —
6
Subject to paragraph 8, a determination under this paragraph shall not be made without the consent of the beneficiary if the aggregate amount calculated in accordance with sub-paragraph (2) exceeds a sum equal to 25 per cent. of the applicable amount for the family as is awarded under —
a
in the case of income support, sub-paragraphs (a) to (d) of regulation 17(1) (applicable amounts) or sub-paragraphs (a) to (e) of regulation 18(1) (polygamous marriages) of the Income Support Regulations; or
b
in the case of a jobseeker’s allowance, paragraphs (a) to (e) of regulation 83 (applicable amounts) or sub-paragraphs (a) to (f) of regulation 84(1) (polygamous marriages) of the Jobseeker’s Allowance Regulations.
;
h
in paragraph 7, for sub-paragraph (8) there is substituted the following sub-paragraph —
8
Subject to paragraph 8 (maximum amount of payments to third parties), a determination under this paragraph shall not be made without the consent of the beneficiary if the aggregate amount calculated in accordance with sub-paragraphs (3), (4), (5) and (6) exceeds a sum equal to 25 per cent. of the applicable amount for the family as is awarded under —
a
in the case of income support, sub-paragraphs (a) to (d) of regulation 17(1) (applicable amounts) or sub-paragraphs (a) to (e) of regulation 18(1) (polygamous marriages) of the Income Support Regulations; or
b
in the case of jobseeker’s allowance, paragraphs (a) to (e) of regulation 83 (applicable amounts) or sub-paragraphs (a) to (f) of regulation 84(1) (polygamous marriages) of the Jobseeker’s Allowance Regulations.
;
j
in paragraph 8(2), for the words after “awarded under” there are substituted the words —
a
in the case of income support, sub-paragraphs (a) to (d) of regulation 17(1) (applicable amounts) or sub-paragraphs (a) to (e) of regulation 18(1) (polygamous marriages) of the Income Support Regulations; or
b
in the case of a jobseeker’s allowance, paragraphs (a) to (e) of regulation 83 (applicable amounts) or sub-paragraphs (a) to (f) of regulation 84(1) (polygamous marriages) of the Jobseeker’s Allowance Regulations.
.
27
In Schedule 9A —
a
in paragraph 1 —
i
in the definition of “personal allowance for a single claimant aged not less than 25 years”, after the words “column 2 of Schedule 2 to the Income Support Regulations” there are inserted the words “or paragraph 1(1)(e) of Schedule 1 to the Jobseeker’s Allowance Regulations”; and
ii
in the definition of “relevant benefits” the words “unemployment benefit,” in each place where they occur are omitted and at the end of the definition the following words are added —
and
c
income-based jobseeker’s allowance;
;
b
in paragraph 2 , for sub-paragraph (a) there is substituted the following sub-paragraph —
a
the amount to be met under Schedule 3 to the Income Support Regulations or, as the case may be, Schedule 2 to the Jobseeker’s Allowance Regulations is determined by reference to the standard rate (whether at the full rate or a lesser rate) and, in the case of income support, to any amount payable in accordance with paragraph 7 of Schedule 3 to the Income Support Regulations;
;
c
in paragraph 3 —
i
in sub-paragraph (1), after the words “specified part”) is” there are inserted the words “, in the case of income support,”, and at the end there are added the words “or, in the case of jobseeker’s allowance, equal to the amount of mortgage interest to be met in accordance with paragraphs 6 to 9 of Schedule 2 to the Jobseeker’s Allowance Regulations”;
ii
in sub-paragraph (3) —
a
after the words “income support” in the first place where they occur there are inserted the words “or income-based jobseeker’s allowance”;
b
in head (b), after the words “Income Support Regulations” there are inserted the words “or, as the case may be, paragraph 4(8) or (11) or paragraph 17 of Schedule 2 to the Jobseeker’s Allowance Regulations”, and for the words “that Schedule” there are substituted the words “either of those Schedules”;
c
in the definition of “A”, at the end there are added the words “or, as the case may be, paragraph 1 of Schedule 2 to the Jobseeker’s Allowance Regulations”;
d
in the definition of “B”, at the end there are added the words “or, as the case may be, paragraphs 6 to 9 of Schedule 2 to the Jobseeker’s Allowance Regulations”;
e
in the definition of “C”, at the end there are added the words “or, as the case may be, paragraph 4(8) or (11) or paragraph 17 of Schedule 2 to the Jobseeker’s Allowance Regulations”;
d
in paragraph 4, in head (a) of sub-paragraph (2), after the words “Income Support Regulations” there are inserted the words “or, as the case may be, paragraph 11 of Schedule 2 to the Jobseeker’s Allowance Regulations”;
e
in paragraph 10 —
i
in sub-paragraph (2), after the words “income support” there are inserted the words “or income-based jobseeker’s allowance”; and
ii
in head (a) of sub-paragraph (3), after the words “income support” there are inserted the words “or income-based jobseeker’s allowance”;
f
in paragraph 11(2) —
after the words “Income Support Regulations” there are inserted the words “or, as the case may be, paragraph 11 of Schedule 2 to the Jobseeker’s Allowance Regulations”.
Signed by authority of the Secretary of State for Social Security.
Roger Evans
Parliamentary Under-Secretary of State,
Department of Social Security
4th June 1996


text:
Citation and commencement
1
This Order may be cited as the Environment Act 1995 (Isles of Scilly) Order 1996 and shall come into force on 1st May 1996.
Functions of the Environment Agency to be carried out in the Isles of Scilly
2
1
The Environment Agency shall carry out in the Isles of Scilly the functions falling to be carried out in relation to other parts of England and Wales by that Agency by virtue of section 2(1)(d), (e), (f), (g) and (h) and (2) of the Environment Act 1995 (transfer of functions to the Agency), with the exception of the functions specified in section 2(2)(b) and (e) of that Act.
2
Chapters I and III of Part I, sections 108 to 115 and 119 to 125, of the Environment Act 1995 shall apply in relation to the Isles of Scilly in so far as they relate to the functions conferred on the Environment Agency by virtue of paragraph (1) above.
Grants for purposes conducive to conservation etc
3
Sections 98 and 99 of the Environment Act 1995 (grants for purposes conducive to conservation etc) shall apply in relation to the Isles of Scilly.
Signed by authority of the Secretary of State for the Environment
James Clappison
Parliamentary Under Secretary of State,
Department of the Environment
2nd April 1996


text:
Citation and interpretation
1
1
This Order may be cited as the Medical (Professional Performance) Act 1995 (Commencement No. 1) Order 1996.
2
In this Order —
a
“ the Act ” means the Medical (Professional Performance) Act 1995; and
b
“the 1983 Act ” means the Medical Act 1983 .
Appointed Day
2
1st May 1996 is the day appointed for the coming into force of the provisions of the Act specified in column (1) of the Schedule to this Order (the subject matter of each provision being mentioned in column (2)).
N. H. Nicholls
Clerk of the Privy Council


text:
Commencement and citation
1
This Order may be cited as the Local Authorities (Companies) (Amendment) Order 1996 and shall come into force on 30th March 1996.
Amendment of Order
2
The Local Authorities (Companies) Order 1995 shall be amended in accordance with the provisions of articles 3, 4 and 5 below.
Interpretation
3
In article 12, insert the following at the end of paragraph (2) —
“relevant lender” means the Public Works Loan Board, the Bank of England, the European Investment Bank, a body mentioned in any of paragraphs 1 to 17, or in paragraph 28 or 29, of Part II of the Schedule to the Local Authorities (Capital Finance) (Approved Investments) Regulations 1990 , an authorised institution within the meaning of the Banking Act 1987 or a building society within the meaning of the Building Societies Act 1986 .
.
Application of Part IV: requirement for credit cover
4
In article 14, for paragraph (3) substitute the following paragraph —
3
This paragraph applies to a local authority whose credit ceiling, as determined under Part III of Schedule 3 to the Act, is nil or a negative amount at the beginning of the current year, and who have no money outstanding by way of borrowing other than —
a
short-term borrowing (within the meaning of section 45(6));
b
borrowing undertaken under section 5 of the City of London (Various Powers) Act 1924 ; or
c
borrowing undertaken before 24th August 1995, other than borrowing by the issue of stock on or after 15th December 1993, from a person who is not a relevant lender.
.
Liabilities of regulated companies
5
In article 16 —
a
in paragraph (1), insert at the beginning the words “Subject to paragraph (6),”, omit the words “subject to paragraph (7)”, and after sub-paragraph (b) insert the following sub-paragraph —
bb
the company’s current assets shall be treated as if they are not reduced by the defraying, after the relevant date, of expenditure which, if the company were a local authority, would be expenditure for capital purposes (“capital expenditure”); provided that the total amount by which they may be treated as not reduced by such expenditure shall not exceed the amount shown in the company’s accounts on the relevant date as —
i
being available for capital expenditure, and
ii
having been reserved for that purpose out of income which, if received by the authority, would have been revenue of the authority;
;
b
for paragraph (5) substitute the following paragraphs —
5
In a financial year other than the last year, the relevant authority shall determine the relevant liabilities of a regulated company by reference to —
a
amounts shown for assets and liabilities in the company’s balance sheet prepared as at a date in that year, or, if there is more than one such balance sheet, in the last such balance sheet to have been prepared, or, if there is no such balance sheet,
b
amounts which they determine to be assets and liabilities of the company on the last day of that year.
5A
In the last year, the relevant authority shall determine the relevant liabilities of a regulated company by reference to amounts which they determine to be assets and liabilities of the company on the day immediately before the day on which the company ceases to be a member of the same local authority group.
5B
In paragraphs (5A) and (5B) above, “the last year” means the financial year in which the company concerned ceases to be a regulated company or becomes a regulated company of a different local authority.
;
c
in paragraph (6), for the words “the aggregate of the amounts determined” substitute “the amount determined”; and
d
for paragraph (7) substitute the following paragraphs —
7
The relevant authority shall determine the amount by which the total of the company’s liabilities as at the date immediately before the day on which the company became a regulated company exceeded the company’s current assets as at that date (and the total so calculated may, accordingly, be a negative amount); and for this purpose —
a
“current assets” shall be construed in accordance with section 262(1) of the 1985 Act, but do not include land in which the company had any interest on that date; and
b
the sum of the called-up share capital of the company with respect to shares held on that date by persons who were not, on the following day, members of the same local authority group, and any premium paid to the company for such shares, is to be treated as a liability of the company.
.
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,
Department of the Environment
5th March 1996
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under-Secretary of State, Welsh Office
6th March 1996


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Income-related Benefits Schemes and Social Fund (Miscellaneous Amendments) Regulations 1996 and, subject to paragraphs (2) to (4), shall come into force —
a
for the purposes of this regulation and regulations 2 and 5 to 13 and the Schedule, on 7th October 1996;
b
for the purposes of regulations 3 and 4 on 8th October 1996.
2
Regulations 2, 5(1), (2)(a) and (b) and (3) to (8), 7 and, in so far as they affect council tax benefit and housing benefit, regulation 13 and the Schedule shall come into force immediately after the Housing Benefit, Council Tax Benefit and Supply of Information (Jobseeker’s Allowance) (Consequential Amendments) Regulations 1996 come into force.
3
Regulations 5(2)(c) and 11 shall come into force immediately after the Housing Benefit (General) Amendment Regulations 1996 come into force.
4
Regulations 6, 8, 12, and, in so far as they affect income support, regulation 13 and the Schedule shall come into force immediately after the Income Support (General) (Jobseeker’s Allowance Consequential Amendments) Regulations 1996 come into force.
5
Regulations 3, 4 and, in so far as they affect disability working allowance and family credit, regulation 13 and the Schedule shall have effect in relation to any particular claimant, where a claimant has an award of disability working allowance or family credit which is current on 7th October 1996, on the day following the expiration of that award.
6
Regulations 6, 8, 12 and, in so far as they affect income support, regulation 13 and the Schedule shall have effect in relation to any particular claimant at the beginning of the first benefit week to commence for that claimant on or after the 7th October 1996 which applies in his case.
7
In paragraph (6) above and regulation 8(1)(e) (transitional provision for income support)“benefit week” shall have the same meaning as in the Income Support Regulations and in paragraph (6) above “claimant” shall have the same meaning as in those Regulations.
8
In these Regulations —
“the Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 ;
“the Disability Working Allowance Regulations ” means the Disability Working Allowance (General) Regulations 1991 ;
“earnings top-up” means the allowance paid by the Secretary of State under the Earnings Top-up Scheme ;
“the Earnings Top-up Scheme” means the Earnings Top-up Scheme 1996 ;
“the Family Credit Regulations ” means the Family Credit (General) Regulations 1987 ;
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 ;
“the Income Support Regulations” means the Income Support (General) Regulations 1987 .
9
In this regulation, unless the context otherwise requires, a reference to a numbered regulation or Schedule is to the regulation in these Regulations bearing that number or to the Schedule to these Regulations.
Amendment of the Council Tax Benefit Regulations
2
1
The Council Tax Benefit Regulations shall be amended in accordance with the following paragraphs.
2
In paragraph (1) of regulation 2 (interpretation) after the definition of “housing benefit”there shall be inserted the following definition —
“immigration authorities” in regulation 4A(4) (persons from abroad) means an adjudicator, an immigration officer or an immigration appeal tribunal appointed for the purposes of the Immigration Act 1971 and in addition means the Secretary of State;
.
3
In regulation 4A (persons from abroad) —
a
in paragraph (3)(a) the words “, the Channel Islands or the Isle of Man” shall be omitted;
b
in paragraph (4)(e) for the words from “the Republic of Ireland” to “the Isle of Man” there shall be substituted the words “the Channel Islands, the Isle of Man or the Republic of Ireland”.
4
In paragraph (3)(e) of regulation 35 (diminishing notional capital rule) after the words “in respect of the” there shall be inserted the words “whole or part of the”.
5
In regulation 38 (students interpretation) —
a
for the definitions of “contribution”, “course of study”, “full-time student” and “standard maintenance grant”, there shall be respectively substituted the following definitions —
“contribution” means any contribution in respect of the income of any other person which the Secretary of State or an education authority takes into account in ascertaining the amount of the student’s grant, or any sums, which in determining the amount of a student’s allowance or bursary in Scotland under the Further and Higher Education (Scotland) Act 1992 , the Secretary of State or the education authority takes into account being sums which the Secretary of State or the education authority consider that the holder of the allowance or bursary, the holder’s parents and the holder’s spouse can reasonably be expected to contribute towards the holder’s expenses;
;
“course of study” means any course of study, whether or not it is a sandwich course and whether or not a grant is made for attending or undertaking it and for the purposes of this definition a person who has started a course of study shall be treated as attending or undertaking it, as the case may be, until the last day of the course or such earlier date as he abandons it or is dismissed from it;
;
“full-time student” means a person attending or undertaking a full-time course of study and includes a student on a sandwich course;
;
“standard maintenance grant” means —
except where paragraph (b) or (c) applies, in the case of a student attending a course of study at the University of London or an establishment within the area comprising the City of London and the Metropolitan Police District, the amount specified for the time being in paragraph 2(2)(a) of Schedule 2 to the Education (Mandatory Awards) Regulations 1995 (“the 1995 Regulations ”) for such a student;
except where paragraph (c) applies, in the case of a student residing at his parent’s home, the amount specified in paragraph 3(2) thereof;
in the case of a student receiving an allowance or bursary under the Further and Higher Education (Scotland) Act 1992, the amount of money specified as “standard maintenance allowance” for the relevant year appropriate for the student set out in the Guide to Undergraduate allowances issued by the Student Awards Agency for Scotland, or its nearest equivalent in the case of a bursary as set by the local education authority;
in any other case, the amount specified in paragraph 2(2) of Schedule 2 to the 1995 Regulations other than in sub-paragraph (a) or (b) thereof;
;
b
the following definitions shall be inserted in the appropriate places —
“college of further education” means a college of further education within the meaning of Part I of the Further and Higher Education (Scotland) Act 1992 ;
;
“education authority” means a government department, a local education authority as defined in section 114 of the Education Act 1944 , a local education authority as defined in section 123 of the Local Government (Scotland) Act 1973 , an education and library board established under article 3 of the Education and Libraries (Northern Ireland) Order 1986 , any body which is a research council for the purposes of the Science and Technologies Act 1965 or any analogous government department, authority, board or body of the Channel Islands, Isle of Man or any other country outside Great Britain;
;
“the FEFC ” means the Further Education Funding Council for England or the Further Education Funding Council for Wales;
;
“full-time course of study” means a full-time course of study which —
is not funded in whole or in part by the FEFC or a full-time course of study (not being higher education) which is not funded in whole or in part by the Secretary of State for Scotland at a college of further education;
is funded in whole or in part by the FEFC and involves more than 16 guided learning hours per week for the student in question, according to the number of guided learning hours per week for that student set out in the case of a course funded by the FEFC for England, in his learning agreement signed on behalf of the establishment which is funded by the FEFC for the delivery of that course or, in the case of a course funded by the FEFC for Wales, in a document signed on behalf of the establishment which is funded by the FEFC for the delivery of that course; or
is not higher education and is funded in whole or in part by the Secretary of State for Scotland at a college of further education and involves —
more than 16 hours per week of classroom-based or workshop-based programmed learning under the direct guidance of teaching staff according to the number of hours set out in a document signed on behalf of the college; or
16 hours or less per week of classroom-based or workshop-based programmed learning under the direct guidance of teaching staff and it involves additional hours using structured learning packages supported by the teaching staff where the combined total of hours exceeds 21 hours per week, according to the number of hours set out in a document signed on behalf of the college;
;
“higher education” means higher education within the meaning of Part II of the Further and Higher Education (Scotland) Act 1992;
;
c
in the definition of —
i
“covenant income” the words “including any sum deducted from the gross amount for tax”shall be omitted;
ii
“grant” for the words “sections 131 and 132 of the Education Reform Act 1988” there shall be substituted the words “section 65 of the Further and Higher Education Act 1992 ” and at the end there shall be added the words “or section 40 of the Higher and Further Education (Scotland) Act 1992”;
iii
“periods of experience” for the words “Education (Mandatory Awards) Regulations 1991”there shall be substituted the words “Education (Mandatory Awards) Regulations 1995 ”;
iv
“sandwich course” for the words “Education (Mandatory Awards) Regulations 1991” there shall be substituted the words “Education (Mandatory Awards) Regulations 1995”.
6
In regulation 40 (students who are excluded from entitlement to council tax benefit) —
a
in paragraph (2) for the words “to whom regulation 41(1) refers (students from abroad)”there shall be substituted the words “who are persons from abroad within the meaning of regulation 4A (persons from abroad)”;
b
in paragraph (3) for the words “regulation 41(2)” there shall be substituted the words “regulation 4A(2)”.
7
In paragraph (2) of regulation 42 (calculation of grant income) —
a
sub-paragraph (b) shall be omitted; and
b
in sub-paragraph (g) the words “(other than special equipment)” shall be omitted.
8
In paragraph (1) of regulation 43 (calculation of covenant income where a contribution is assessed) the words “and the amount deducted by way of tax in respect of that income” shall be omitted.
9
Sub-paragraph (d) of paragraph (1) of regulation 44 (covenant income where no grant income or no contribution is assessed) shall be omitted.
Amendment of the Disability Working Allowance Regulations
3
1
The Disability Working Allowance Regulations shall be amended in accordance with the following paragraphs.
2
In paragraph (7)(b) of regulation 16 (normal weekly earnings of employed earners) for the words “is less than 9 weeks” there shall be substituted the words “is less than the assessment period in paragraphs (2) to (5) appropriate in his case”.
3
In paragraph (2) of regulation 56 (overlapping awards) after the word “beginning”there shall be inserted the words “on or”.
Amendment of the Family Credit Regulations
4
1
The Family Credit Regulations shall be amended in accordance with the following paragraphs.
2
In paragraph (2) of regulation 38 (calculation of grant income) —
a
sub-paragraph (b) shall be omitted;
b
in sub-paragraph (f) the words “(other than special equipment)” shall be omitted.
3
In paragraph (2) of regulation 51 (overlapping awards) after the word “beginning”there shall be inserted the words “on or”.
Amendment of the Housing Benefit Regulations
5
1
The Housing Benefit Regulations shall be amended in accordance with the following paragraphs.
2
In paragraph (1) of regulation 2 (interpretation) —
a
after the definition of “housing association” there shall be inserted the following definition —
“immigration authorities” in regulation 7A(4) (persons from abroad) means an adjudicator, an immigration officer or an immigration appeal tribunal appointed for the purposes of the Immigration Act 1971 and in addition means the Secretary of State;
;
b
for paragraph (c) in the definition of “person affected” the following paragraph shall be substituted —
c
the landlord, in the case of a determination made under regulation 93 or 94, except where the payment is made to an agent acting for the landlord when the person affected is the agent.
;
c
for the definition of “young individual” there shall be substituted the following definition —
“young individual” means a single claimant who has not attained the age of 25 years, but does not include such a claimant —
whose landlord is a registered housing association;
who has not attained the age of 22 years and has ceased to be the subject of a care order made pursuant to section 31(1)(a) of the Children Act 1989 which had previously been made in respect to him either —
after he attained the age of 16 years; or
before he attained the age of 16 years, but had continued after he attained that age;
who has not attained the age of 22 years and was formerly provided with accommodation under section 20 of the Children Act 1989;
who has not attained the age of 22 years and has ceased to be subject to a supervision requirement by a children’s hearing under section 44 of the Social Work (Scotland) Act 1968 (“the 1968 Act ”) made in respect of him which had continued after he attained the age of 16 years, other than a case where —
the ground of referral was based on the sole condition as to the need for compulsory measures of care specified in section 32(2)(g) of the 1968 Act (commission of offences by child); or
he was required by virtue of the supervision requirement to reside with a parent or guardian of his within the meaning of the 1968 Act, or with a friend or relative of his or of his parent or guardian;
who has not attained the age of 22 years and has ceased to be a child in respect of whom parental rights and duties were vested in a local authority by virtue of a resolution by the authority under section 16 of the 1968 Act which had previously been made in respect of him —
after he attained the age of 16 years; or
before he attained the age of 16 years, but had continued after he attained that age; or
who has not attained the age of 22 years and has ceased to be in the care of a local authority by virtue of section 15 of the 1968 Act where he has previously been received into the care of the authority under that provision —
after he attained the age of 16 years; or
before he attained the age of 16 years, but had continued to be in such care after he attained that age; and
.
3
In regulation 7A (persons from abroad) —
a
in paragraph (3)(a) the words “, the Channel Islands or the Isle of Man” shall be omitted;
b
in paragraph (4)(e) for the words from “the Republic of Ireland” to “the Isle of Man” there shall be substituted the words “the Channel Islands, the Isle of Man or the Republic of Ireland”.
4
In paragraph (8) of regulation 43A (diminishing notional capital rule) —
a
in sub-paragraph (b) the words “or part-week” shall be omitted each time they occur and the words “or, as the case may be, the later or latest such part-week” shall also be omitted;
b
in sub-paragraph (c) the words “or part-week” shall be omitted.
5
In regulation 46 (students interpretation) —
a
for the definitions of “contribution”, “course of study”, “full-time student” and “standard maintenance grant”, there shall be respectively substituted the following definitions —
“contribution” means any contribution in respect of the income of any other person which the Secretary of State or an education authority takes into account in ascertaining the amount of the student’s grant; or any sums, which in determining the amount of a student’s allowance or bursary in Scotland under the Further and Higher Education (Scotland) Act 1992 , the Secretary of State or the education authority takes into account being sums which the Secretary of State or the education authority consider that the holder of the allowance or bursary, the holder’s parents and the holder’s spouse can reasonably be expected to contribute towards the holder’s expenses;
;
“course of study” means any course of study, whether or not it is a sandwich course and whether or not a grant is made for undertaking or attending it and for the purposes of this definition a person who has started a course of study shall be treated as attending or undertaking it, as the case may be, until the last day of the course or such earlier date as he abandons it or is dismissed from it;
;
“full-time student” means a person attending or undertaking a full-time course of study and includes a student on a sandwich course;
;
“standard maintenance grant” means —
except where paragraph (b) or (c) applies, in the case of a student attending a course of study at the University of London or an establishment within the area comprising the City of London and the Metropolitan Police District, the amount specified for the time being in paragraph 2(2)(a) of Schedule 2 to the Education (Mandatory Awards) Regulations 1995 (“the 1995 Regulations”) for such a student;
except where paragraph (c) applies, in the case of a student residing at his parent’s home, the amount specified in paragraph 3(2) thereof;
in the case of a student receiving an allowance or bursary under the Further and Higher Education (Scotland) Act 1992, the amount of money specified as “standard maintenance allowance” for the relevant year appropriate for the student set out in the Guide to Undergraduate allowances issued by the Student Awards Agency for Scotland, or its nearest equivalent in the case of a bursary as set by the local education authority;
in any other case, the amount specified in paragraph 2(2) of Schedule 2 to the 1995 Regulations other than in sub-paragraph (a) or (b) thereof;
;
b
the following definitions shall be inserted in the appropriate places —
“college of further education” means a college of further education within the meaning of Part I of the Further and Higher Education (Scotland) Act 1992;
;
“the FEFC” means the Further Education Funding Council for England or the Further Education Funding Council for Wales;
;
“full-time course of study” means a full-time course of study which —
is not funded in whole or in part by the FEFC or a full-time course of study (not being higher education) which is not funded in whole or in part by the Secretary of State for Scotland at a college of further education;
is funded in whole or in part by the FEFC and involves more than 16 guided learning hours per week for the student in question, according to the number of guided learning hours per week for that student set out in the case of a course funded by the FEFC for England, in his learning agreement signed on behalf of the establishment which is funded by the FEFC for the delivery of that course or, in the case of a course funded by the FEFC for Wales, in a document signed on behalf of the establishment which is funded by the FEFC for the delivery of that course; or
is not higher education and is funded in whole or in part by the Secretary of State for Scotland at a college of further education and involves —
more than 16 hours per week of classroom-based or workshop-based programmed learning under the direct guidance of teaching staff according to the number of hours set out in a document signed on behalf of the college; or
16 hours or less per week of classroom-based or workshop-based programmed learning under the direct guidance of teaching staff and it involves additional hours using structured learning packages supported by the teaching staff where the combined total of hours exceeds 21 hours per week, according to the number of hours set out in a document signed on behalf of the college;
;
“higher education” means higher education within the meaning of Part II of the Further and Higher Education (Scotland) Act 1992;
;
c
in the definition of —
i
“covenant income” the words “including any sum deducted from the gross amount for tax”shall be omitted;
ii
“education authority” for the words “an education authority as defined in section 135(1) of the Education (Scotland) Act 1980 (interpretation)” there shall be substituted the words “a local education authority as defined in section 123 of the Local Government (Scotland) Act 1973 ”;
iii
“grant” for the words “sections 131 and 132 of the Education Reform Act 1988” there shall be substituted the words “section 65 of the Further and Higher Education Act 1992 ”and at the end there shall be added the words “or section 40 of the Higher and Further Education (Scotland) Act 1992 ”;
iv
“periods of experience” for the words “Education (Mandatory Awards) Regulations 1987”there shall be substituted the words “Education (Mandatory Awards) Regulations 1995 ”;
v
“sandwich course” for the words “Education (Mandatory Awards) Regulations 1987”there shall be substituted the words “Education (Mandatory Awards) Regulations 1995”.
6
In paragraph (2) of regulation 53 (calculation of grant income) —
a
sub-paragraph (b) shall be omitted;
b
in sub-paragraph (g) the words “(other than special equipment)” shall be omitted.
7
In paragraph (1) of regulation 54 (calculation of covenant income where a contribution is assessed) the words “and the amount deducted by way of tax in respect of that income” shall be omitted.
8
Sub-paragraph (d) of paragraph (1) of regulation 55 (covenant income where no grant income or no contribution is assessed) shall be omitted.
Amendment of the Income Support Regulations
6
1
The Income Support Regulations shall be amended in accordance with the following paragraphs.
2
In regulation 2 (interpretation) after the definition of “housing benefit expenditure” the following definition shall be inserted —
“immigration authorities” in regulation 21(3) (special cases) means an adjudicator, an immigration officer or an immigration appeal tribunal appointed for the purposes of the Immigration Act 1971 and in addition means the Secretary of State;
.
3
In paragraph (2)(c)(iv) of regulation 4 (temporary absence from Great Britain) after the number “9,” there shall be inserted the number “9A,”.
4
In regulation 5 (persons treated as engaged in remunerative work) after paragraph (1) the following new paragraph shall be inserted —
1A
In the case of any partner of the claimant paragraph (1) shall have effect as though for the words “16 hours” there were substituted the words “24 hours”.
.
5
For sub-paragraph (b) of paragraph (3) of regulation 16 (circumstances in which a person is to be treated as being or not being a member of the household) there shall be substituted the following new sub-paragraph —
b
one, both or all of them are —
i
detained in custody pending trial or sentence upon conviction or under a sentence imposed by a court; or
ii
on temporary release in accordance with the provisions of the Prison Act 1952 or the Prisons (Scotland) Act 1989 ;
.
6
In paragraph (3) of regulation 21 (special cases) —
a
in sub-paragraph (a) of the first definition of “person from abroad” the words “the Channel Islands or the Isle of Man,” shall be omitted;
b
in the second definition of “person from abroad” for the words from “the Republic of Ireland” to “the Isle of Man” there shall be substituted the words “the Channel Islands, the Isle of Man or the Republic of Ireland”.
7
In regulation 60D (date on which child support maintenance is to be treated as paid) —
a
at the beginning there shall be inserted the words “(1) Subject to paragraph (2),”;
b
in sub-paragraph (a) at the beginning there shall be inserted the words “subject to sub-paragraph (aa),”;
c
after sub-paragraph (a) there shall be inserted the following sub-paragraph —
aa
in the case of any amount of a payment which represents arrears of maintenance for a week prior to the first benefit week pursuant to a claim, on the day of the week in which it became due which corresponds to the first day of the benefit week;
;
d
in sub-paragraph (b) for the words “it is paid” there shall be substituted the words “it is due to be paid”;
e
after paragraph (1) there shall be added the following paragraph —
2
Where a payment to which paragraph (1)(b) refers is made to the Secretary of State and then transmitted to the person entitled to receive it, the payment shall be treated as paid on the first day of the benefit week in which it is transmitted or, where it is not practicable to take it into account in that week, the first day of the first succeeding benefit week in which it is practicable to take the payment into account.
.
8
In regulation 61 (students interpretation) —
a
for the definitions of “contribution”, “course of advanced education” and “standard maintenance grant”, there shall be respectively substituted the following definitions —
“contribution” means any contribution in respect of the income of any other person which the Secretary of State or an education authority takes into account in ascertaining the amount of the student’s grant, or any sums, which in determining the amount of a student’s allowance or bursary in Scotland under the Further and Higher Education (Scotland) Act 1992 , the Secretary of State or education authority takes into account being sums which the Secretary of State or the education authority consider that the holder of the allowance or bursary, the holder’s parents and the holder’s spouse can reasonably be expected to contribute towards the holder’s expenses;
;
“course of advanced education” means —
a course leading to a postgraduate degree or comparable qualification, a first degree or comparable qualification, a diploma of higher education or a higher national diploma; or
any other course which is of a standard above advanced GNVQ or equivalent, including a course which is of a standard above a general certificate of education (advanced level), a Scottish certificate of education (higher level) or a Scottish certificate of sixth year studies;
;
“standard maintenance grant” means —
except where paragraph (b) or (c) applies, in the case of a student attending a course of study at the University of London or an establishment within the area comprising the City of London and the Metropolitan Police District, the amount specified for the time being in paragraph 2(2)(a) of Schedule 2 to the Education (Mandatory Awards) Regulations 1995 (“the 1995 Regulations”) for such a student;
except where paragraph (c) applies, in the case of a student residing at his parent’s home, the amount specified in paragraph 3(2) thereof;
in the case of a student receiving an allowance or bursary under the Further and Higher Education (Scotland) Act 1992, the amount of money specified as “standard maintenance allowance” for the relevant year appropriate for the student set out in the Guide to Under-graduate allowances issued by the Student Awards Agency for Scotland, or its nearest equivalent in the case of a bursary as set by the local education authority;
in any other case, the amount specified in paragraph 2(2) of Schedule 2 to the 1995 Regulations other than in sub-paragraph (a) or (b) thereof;
;
b
the following definitions shall be inserted in the appropriate positions —
“college of further education” means a college of further education within the meaning of Part I of the Further and Higher Education (Scotland) Act 1992;
;
“the FEFC” means the Further Education Funding Council for England or the Further Education Funding Council for Wales;
;
“full-time course of advanced education” means a course of advanced education which is taken by a person who is —
attending a full-time course of study which is not funded in whole or in part by the FEFC or a full-time course of study which is not funded in whole or in part by the Secretary of State for Scotland at a college of further education or a full-time course of study which is a course of higher education and is funded in whole or in part by the Secretary of State for Scotland;
undertaking a course of study which is funded in whole or in part by the FEFC if it involves more than 16 guided learning hours per week for the student in question, according to the number of guided learning hours per week for that student set out in the case of a course funded by the FEFC for England, in his learning agreement signed on behalf of the establishment which is funded by the FEFC for the delivery of that course or, in the case of a course funded by the FEFC for Wales, in a document signed on behalf of the establishment which is funded by the FEFC for the delivery of that course; or
undertaking a course of study (not being higher education) which is funded in whole or in part by the Secretary of State for Scotland at a college of further education if it involves —
more than 16 hours per week of classroom-based or workshop-based programmed learning under the direct guidance of teaching staff according to the number of hours set out in a document signed on behalf of the college; or
16 hours or less per week of classroom-based or workshop-based programmed learning under the direct guidance of teaching staff and it involves additional hours using structured learning packages supported by the teaching staff where the combined total of hours exceeds 21 per week, according to the number of hours set out in a document signed on behalf of the college;
;
“full-time course of study” means a full-time course of study which —
is not funded in whole or in part by the FEFC or a full-time course of study which is not funded in whole or in part by the Secretary of State for Scotland at a college of further education or a full-time course of study which is a course of higher education and is funded in whole or in part by the Secretary of State for Scotland;
is funded in whole or in part by the FEFC if it involves more than 16 guided learning hours per week for the student in question, according to the number of guided learning hours per week for that student set out in the case of a course funded by the FEFC for England, in his learning agreement signed on behalf of the establishment which is funded by the FEFC for the delivery of that course or, in the case of a course funded by the FEFC for Wales, in a document signed on behalf of the establishment which is funded by the FEFC for the delivery of that course; or
is not higher education and is funded in whole or in part by the Secretary of State for Scotland at a college of further education if it involves —
more than 16 hours per week of classroom-based or workshop-based programmed learning under the direct guidance of teaching staff according to the number of hours set out in a document signed on behalf of the college; or
16 hours or less per week of classroom-based or workshop-based programmed learning under the direct guidance of teaching staff and it involves additional hours using structured learning packages supported by the teaching staff where the combined total of hours exceeds 21 per week, according to the number of hours set out in a document signed on behalf of the college;
;
“higher education” means higher education within the meaning of Part II of the Further and Higher Education (Scotland) Act 1992 ;
;
c
in the definition of —
i
“covenant income” the words “net of tax at the basic rate” shall be omitted;
ii
“education authority” for the words “an education authority as defined in section 135(1) of the Education (Scotland) Act 1980 (interpretation)” there shall be substituted the words “a local education authority as defined in section 123 of the Local Government (Scotland) Act 1973 ”;
iii
“grant” for the words “sections 131 and 132 of the Education Reform Act 1988” there shall be substituted the words “section 65 of the Further and Higher Education Act 1992 ”and at the end there shall be added the words “or section 40 of the Higher and Further Education (Scotland) Act 1992 ”;
iv
“periods of experience” for the words “Education (Mandatory Awards) Regulations 1987”there shall be substituted the words “Education (Mandatory Awards) Regulations 1995 ”;
v
“sandwich course” for the words “Education (Mandatory Awards) Regulations 1987”there shall be substituted the words “Education (Mandatory Awards) Regulations 1995”;
vi
“year” for the word “course” there shall be substituted the words “course of study”.
9
In paragraph (2) of regulation 62 (calculation of grant income) —
a
sub-paragraph (b) shall be omitted;
b
in sub-paragraph (g) the words “(other than special equipment)” shall be omitted.
10
In Schedule 3 (housing costs) —
a
in paragraph 4 —
i
in head (a) of sub-paragraph (6) after the words “paragraph 15” there shall be inserted the words “during the relevant period”;
ii
for head (b) of sub-paragraph (6) there shall be substituted the following head —
b
to finance the purchase of a property where an earlier loan, which qualified under paragraph 15 or 16 during the relevant period in respect of another property, is paid off (in whole or in part) with monies received from the sale of that property;
;
b
in paragraph 14(1)(a)(ii) the words “he was or was treated as being in receipt thereof or to which (i) above applies” shall be omitted and after the word “which” the third time it appears there shall be inserted —
aa
he was, or was treated as being, in receipt of income support,
bb
he was treated as entitled to income support for the purpose of sub-paragraph (5) or (5A) , or
cc
i
above applies;
.
11
In Schedule 8 (sums to be disregarded in the calculation of earnings) —
a
for paragraph 6 there shall be substituted the following paragraph —
6
Where the claimant is a member of a couple —
a
in a case to which none of paragraphs 4, 6A, 6B, 7 and 8 applies , £10; but notwithstanding regulation 23 (calculation of income and capital of members of claimant’s family and of a polygamous marriage), if this paragraph applies to a claimant it shall not apply to his partner except where, and to the extent that, the earnings of the claimant which are to be disregarded under this sub-paragraph are less than £10;
b
in a case to which one or more of paragraphs 4, 6A, 6B, 7 and 8 applies and the total amount disregarded under those paragraphs is less than £10, so much of the claimant’s earnings as would not in aggregate with the amount disregarded under those paragraphs exceed £10.
;
b
for paragraph 10 there shall be substituted the following paragraph —
10
Notwithstanding the foregoing provisions of this Schedule, where two or more payments of the same kind and from the same source are to be taken into account in the same benefit week, because it has not been practicable to treat the payments under regulation 31(1)(b) (date on which income treated as paid) as paid on the first day of the benefit week in which they were due to be paid, there shall be disregarded from each payment the sum that would have been disregarded if the payment had been taken into account on the date on which it was due to be paid.
;
c
after paragraph 15 the following new paragraph 15A shall be inserted —
15A
In the case of a claimant who —
a
has been engaged in employment as a member of any territorial or reserve force prescribed in Part I of Schedule 3 to the Social Security (Contributions) Regulations 1979 ; and
b
by reason of that employment has failed to satisfy any of the conditions for entitlement to income support other than section 124(1)(b) of the Contributions and Benefits Act (income support in excess of the applicable amount),
any earnings from that employment paid in respect of the period in which the claimant was not entitled to income support.
.
Transitional provision for council tax benefit and housing benefit
7
1
This paragraph applies in the case of a person who —
a
on 31st July 1996 is attending or undertaking a course of study, within the meaning of paragraph (3);
b
is entitled to council tax benefit or housing benefit in respect of that date; and
c
remains continuously entitled to the benefit concerned from 31st July to 7th October 1996.
2
Subject to paragraph (3), a person to whom paragraph (1) applies who —
a
continues to attend the course of study referred to in paragraph (1)(a) on 7th October 1996; and
b
otherwise satisfies the conditions of entitlement to benefit concerned,
shall continue to be entitled to that benefit until the last day of the course or until he abandons or is dismissed from the course.
3
Where a person to whom paragraph (1) applies also satisfies the conditions specified in paragraph (2)(a) and (b) in respect of an award of council tax benefit or housing benefit as the case may be, if he then ceases for a period of 12 weeks or less to be entitled to housing benefit or council tax benefit but continues to satisfy the condition in paragraph (2)(a) throughout that period, for the purposes of paragraph (2) he shall be treated, on becoming re-entitled to the benefit concerned, as if he had been continuously entitled to that benefit throughout that period.
4
In this regulation —
“course of study” means a course which —
is funded in whole or in part by the FEFC and involves more than 16 guided learning hours per week for the student in question, according to the number of guided learning hours per week for that student set out in the case of a course funded by the FEFC for England, in his learning agreement signed on behalf of the establishment which is funded by the FEFC for the delivery of that course or, in the case of a course funded by the FEFC for Wales, in a document signed on behalf of the establishment which is funded by the FEFC for the delivery of that course; or
is not higher education within the meaning of Part II of the Further and Higher Education (Scotland) Act 1992 and is funded in whole or in part by the Secretary of State for Scotland at a college of further education and involves —
more than 16 hours per week of classroom-based or workshop-based programmed learning under the direct guidance of teaching staff according to the number of hours set out in a document signed on behalf of the college; or
16 hours or less per week of classroom-based or workshop-based programmed learning under the direct guidance of teaching staff and it involves additional hours using structured learning packages supported by the teaching staff where the combined total of hours exceeds 21 hours per week according to the number of hours set out in a document signed on behalf of the college;
“the FEFC” means the Further Education Funding Council for England or the Further Education Funding Council for Wales;
.
Transitional provision for income support
8
1
This paragraph applies in the case of a person who —
a
on 31st July 1996 is engaged in a course of education which is not a course of study, within the meaning of paragraph (4);
b
is not a student within the meaning of regulation 61 of the Income Support Regulations as it had effect on that date;
c
is entitled to income support in respect of that date;
d
remains continuously entitled to that benefit from 31st July to 7th October 1996; and
e
is not entitled to jobseeker’s allowance in the benefit week which follows the benefit week which includes 7th October 1996.
2
Subject to paragraph (3), a person to whom paragraph (1) applies who —
a
continues to attend the course referred to in paragraph (1)(a) on 7th October 1996;
b
falls within any of the categories of persons referred to in Schedule 1B of the Income Support Regulations (prescribed categories of persons) , disregarding paragraphs 1, 2, 10, 11, 12 and 18;
c
otherwise satisfies the conditions of entitlement to income support,
shall continue to be entitled to that benefit until the last day of the course or until he abandons or is dismissed from the course.
3
Where a person to whom paragraph (1) applies also satisfies the conditions specified in paragraph (2)(a) to (c) in respect of an award of income support, if he then ceases, for a period of 12 weeks or less, to be entitled to income support but otherwise satisfies those conditions throughout that period, for the purposes of paragraph (2) he shall be treated, on becoming re-entitled to income support, as if he had been continuously entitled to that benefit throughout that period.
4
In this regulation —
“course of study” means any full-time course of study or sandwich course whether or not a grant is made for attending it;
;
“sandwich course” has the meaning prescribed in paragraph 1(1) of Schedule 5 to the Education (Mandatory Awards) Regulations 1995
.
Amendment of the Social Fund (Recovery by Deduction from Benefits) Regulations 1988
9
Regulation 3 of the Social Fund (Recovery by Deduction from Benefits) Regulations 1988 (benefits from which an award may be recovered) shall be amended in accordance with the following paragraphs —
a
in paragraph (a) at the end there shall be added the words “, other than a back to work bonus payable by way of income support or jobseeker’s allowance in pursuance of section 26 of the Jobseekers Act 1995 ;”;
b
for paragraph (c) there shall be substituted the following paragraph —
c
a jobseeker’s allowance other than a back to work bonus payable by way of income support or jobseeker’s allowance in pursuance of section 26 of the Jobseekers Act 1995;
;
c
in paragraphs (o) and (p) the words “unemployment benefit” shall be omitted.
Amendment of the Housing Benefit (General) Amendment Regulations 1995
10
In regulation 10(6) of the Housing Benefit (General) Amendment Regulations 1995 (saving provision) in paragraph (ii) of the definition of “exempt accommodation” after the words “provided by” there shall be inserted the words “a non-metropolitan county council in England within the meaning of section 1 of the Local Government Act 1972 ,”.
Amendment of the Housing Benefit (General) Amendment Regulations 1996
11
In regulation 1(3) of the Housing Benefit (General) Amendment Regulations 1996 (interpretation) for the words “regulations 9 and 10” there shall be substituted the words“regulations 10 and 11”.
Amendment of the Income Support (General) (Jobseeker’s Allowance Consequential Amendments) Regulations 1996
12
In regulation 32 of the Income Support (General) (Jobseeker’s Allowance Consequential Amendments) Regulations 1996 (continuity with jobseeker’s allowance) for the words from “income support” the first time they appear to the end of the regulation there shall be substituted the words —
or is to be treated as being in receipt of income support or whether any amount is applicable or payable —
a
entitlement to an income-based jobseeker’s allowance shall be treated as entitlement to income support for the purposes of any requirement that a person is or has been entitled to income support for any period of time; and
b
a person who is treated as being in receipt of income-based jobseeker’s allowance shall be treated as being in receipt of income support for the purposes of any requirement that he is or has been treated as being in receipt of income support for any period of time.
.
Amendments consequential on the introduction of the Earnings Top-up Scheme
13
Amendments to the Council Tax Benefit Regulations, the Disability Working Allowance Regulations, the Family Credit Regulations, the Housing Benefit Regulations and the Income Support Regulations which are consequential upon the introduction of the Earnings Top-up Scheme are specified in the Schedule to these Regulations.
Signed by authority of the Secretary of State for Social Security.
Roger Evans
Parliamentary Under-Secretary of State,
Department of Social Security
23rd July 1996


text:
1
1
This Order may be cited as the Avon (Coroners) Order 1996 and shall come into force on 1st April 1996.
2
In this Order “the 1988 Act ” means the Coroners Act 1988 .
2
1
There shall be a single coroner’s district, called the Avon Coroner’s District, for the Counties of Bath and North East Somerset, the City of Bristol, North West Somerset and South Gloucestershire (which counties come into existence on 1st April 1996 by virtue of article 6(1) of the Avon (Structural Change) Order 1995 ).
2
The Council of the City of Bristol shall be the relevant council within the meaning of section 1(1A) of the 1988 Act for the coroner’s district constituted by paragraph (1) above.
3
The person who, at 31st March 1996, is the coroner for the County of Avon shall be deemed on 1st April 1996 to be appointed coroner for the coroner’s district constituted by paragraph (1) above.
4
Any agreement between the person to whom paragraph (3) above applies and Avon County Council (as the relevant council for the purposes of section 1 of the 1988 Act prior to 1st April 1996) as to his salary and pension as a coroner shall be deemed on and after 1st April 1996 to have effect as if originally made between him and the City of Bristol Council.
5
Any person who, at 31st March 1996, is a deputy or assistant deputy coroner for the County of Avon shall be deemed on 1st April 1996 to be appointed deputy or, as the case may be, assistant deputy coroner for the coroner’s district constituted by paragraph (1) above.
3
On 1st April 1996, all rights and liabilities (including those in connection with legal proceedings) of Avon County Council, in its capacity prior to that date as the relevant council for the purposes of the 1988 Act for coroners in the County of Avon shall be transferred to the City of Bristol Council, in its capacity as the relevant council for those purposes for coroners in the coroner’s district constituted by article 2(1) above.
4
1
On 1st April 1996, any process issued, order made, direction given, inquest begun or other thing done by or to the coroner for the County of Avon shall be deemed to have been issued, made, given, begun or done by or to the coroner for the coroner’s district constituted by article 2(1) above.
2
All documents, exhibits, registers and other things in the custody of the coroner for the County of Avon in connection with inquests or post-mortem investigations shall be transferred to the coroner for the coroner’s district constituted by article 2(1) above.
3
In this article “coroner” includes any deputy coroner or assistant deputy coroner.
Home Office
Tom Sackville
Parliamentary Under Secretary of State
7th March 1996