text:
Commencement and citation
1
This Order may be cited as The A316 Trunk Road (Richmond) (No. 1) Red Route Traffic Order 1996, and shall come into force on 16th December 1996.
Interpretation
2
In this Order —
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities’ Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route” means the lengths of road specified in column 2 of the table in schedule 1;
f
“vehicle” includes part of a vehicle; and
g
an entry in column (3), (4) or (5) of an item in a schedule to this Order applies to that column in subsequent items in that schedule.
General prohibition of stopping
3
1
Subject to the provisions of paragraphs (2) and (3) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop in the trunk road red route during the restricted hours.
2
Subject to the provisions of paragraph (3) of this article, and of articles 5(1), 8 and 9, no person shall cause any vehicle to stop at any time in any lengths of the trunk road red route specified in schedule 4.
3
The controls specified in paragraphs (1) and (2) of this article do not apply in respect of any area of the trunk road red route specified in schedule 2A.
4
In this article “the restricted hours” means, in relation to a length of the trunk road red route specified in an item in column (2) of the table in schedule 1, the hours specified in that item in column (3) of that table.
Exemptions for parking
4
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
Miscellaneous exemptions for parking
5
1
Licensed taxi cabs: The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to be parked at the edge of the carriageway on a length of road specified in schedule 2D.
2
Coaches: The controls specified in article 3(1) do not apply in respect of a person causing a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver) or a local bus (as defined in article 8(4)) not so constructed or adapted, to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2E during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
3
Doctors’ vehicles: The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2F during the hours specified in column (3) in that item, provided that —
a
there is displayed in the windscreen of the vehicle a badge issued by, or with the authority of, the Traffic Director for London to a medical practitioner, and which specifies —
i
the name of the person to whom it was issued, and
ii
the premises in relation to which it applies; and
b
the vehicle was parked by, or with the permission of, the person whose name is specified on the badge and for so long only as the person who parked the vehicle is engaged in work at the premises specified on the badge.
4
Solo motor bicycles: The controls specified in article 3(1) do not apply in respect of a person causing a motor bicycle without a side-car to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2G during the hours specified in column (3) in that item.
Exemptions for loading and unloading
6
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which is being loaded or unloaded to stop at the edge of the carriageway on a length of road specified in an item in column (2) of the tables in schedules 3A and 3B during the hours specified in column (3) in that item for as long as is needed to load or unload the vehicle or 20 minutes, whichever is the less, provided that not less than 20 minutes has elapsed since the vehicle was last parked on any part of the same length of road.
Exemptions for disabled persons
7
1
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item.
2
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2C during the hours specified in column (3) in that item.
3
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which displays a disabled person’s badge in the relevant position, and a parking disc on which is shown the time at which the period of parking began, to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item, for a period of up to 3 hours not being a period separated by an interval of less than 1 hour from a previous period when that vehicle was parked in that length of road.
Exemptions at bus stops and stands
8
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to which this article applies to stop at a bus stop (being an area of road bounded by a traffic sign which includes the words “bus stop”) for so long only as may be required to enable passengers to get on or off the vehicle or, in the case of a vehicle being used to provide a local service, for so long only as may be required for a change of crew.
2
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used to provide a local service to stop at a bus stand (being an area of road bounded by a traffic sign which includes the words “bus stand”) for so long only as may be required for timetabling reasons.
3
This article applies —
a
before 1st January 1997 to
i
a public service vehicle used for the provision of a local service or a scheduled express service,
ii
a school bus, and
iii
a works bus; and
b
after 31st December 1996 to
i
a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver), and
ii
a local bus not so constructed or adapted.
4
In this article “local bus”, “local service”, “scheduled express service”, “school bus” and “works bus” have the meanings given to those expressions in regulation 4 of the Traffic Signs Regulations and General Directions 1994 .
Other exemptions
9
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to stop if that person is —
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) and (2) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) and (2) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Revocation or variation of existing Orders
10
The London Borough of Richmond upon Thames Waiting and Loading Restrictions Order 1994 No. 11 and the A316 Trunk Road (Richmond) (No. 1) Red Route Experimental Traffic Order 1995 are hereby revoked, in so far as their provisions relate to any part of the trunk road red route.
TRO 212
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
29th November 1996


type: legislation

jurisdiction: UK

text:
Citation, Commencement and Application
1
1
This Order may be cited as the North Lincolnshire District Council (Staff Transfer) Order 1996 and shall come into force on 1st April 1996.
2
This Order makes provisions which are consequential or supplementary to the Humberside (Structural Change) Order 1995 .
Interpretation
2
In this Order —
“contract of employment” means a contract under which a person works for another person whether under a contract of service or apprenticeship or otherwise but does not include a contract for services;
“employee” means a person employed under a contract of employment including a person employed under a fixed term contract the expiry date for which is after 31st March 1996, but does not include a person whose employment is on a temporary basis and who on 31st March 1996 has had a continuous period of employment (when calculated in accordance with section 151 of, and Schedule 13 to, the Employment Protection (Consolidation) Act 1978 ) of less than two years.
Transfer of Staff
3
1
This article shall apply to any employee (a “designated employee”) who —
a
immediately before 1st April 1996 (“the reorganisation date”) was employed by the Glanford Borough Council or the Scunthorpe Borough Council;
b
whose employment would continue but for the abolition of those two councils; and
c
whose name is not mentioned in the Schedule to this Order.
2
The contract of employment of a designated employee shall not be terminated on the reorganisation date but shall have effect as if originally made between that employee and the North Lincolnshire District Council.
3
This article is without prejudice to any provision of the Transfer of Undertakings (Protection of Employment) Regulations 1981 .


text:
Citation and commencement
1
These Regulations may be cited as the Income Tax (Manufactured Overseas Dividends) (Amendment No. 2) Regulations 1996 and shall come into force on 6th November 1996.
Interpretation
2
In these Regulations “the principal Regulations ” means the Income Tax (Manufactured Overseas Dividends) Regulations 1993 and “regulation” means a regulation of the principal Regulations.
Amendments to the principal Regulations
3
1
Regulation 2 shall be renumbered as paragraph (1) of that regulation.
2
In regulation 2(1) —
a
in the definition of “approved United Kingdom collecting agent” the words “for the purposes of Chapter VIIA of Part IV of the Taxes Act” shall be omitted;
b
after the definition of “chargeable period” there shall be inserted the following definition —
“collecting agent” has the meaning given by section 118C(1) of the Taxes Act for the purposes of Chapter VIIA of Part IV of that Act ;
3
After regulation 2(1) there shall be added the following paragraph —
2
References in regulations 3 to 11, 14 and 15 to manufactured overseas dividends do not include references to manufactured overseas dividends to which regulation 2B applies, and references in those regulations to overseas dividends do not include references to any overseas dividend of which a manufactured overseas dividend to which regulation 2B applies would be representative.
4
After regulation 2A there shall be inserted the following regulation —
Tax treatment of manufactured overseas dividends paid in connection with loan relationships
2B
1
For the purposes of the provisions of the Tax Acts relating to the charge to tax under Schedule D, paragraph 4(2) and (3), and paragraph 5, of Schedule 23A shall not apply to a manufactured overseas dividend paid in the circumstances prescribed in paragraph (2).
2
The circumstances prescribed are where the manufactured overseas dividend is representative of an overseas dividend on an overseas security that represents a loan relationship.
3
Where the payer of a manufactured overseas dividend to which paragraph (2) applies is neither a company nor carrying on a trade in circumstances where the manufactured overseas dividend is taken into account in computing the profits of that trade, the manufactured overseas dividend shall be treated, for the purposes of the provisions of the Tax Acts relating to the charge to tax under Schedule D and so far as the payer is concerned, as if the amount paid was an annual payment, within section 349(1) of the Taxes Act , but so that no amount is required to be deducted on account of income tax from the amount of the payment, or accounted for under section 350 of that Act .
4
Where the recipient of a manufactured overseas dividend to which paragraph (2) applies is neither a company nor carrying on a trade in circumstances where the manufactured overseas dividend is taken into account in computing the profits of that trade, the manufactured overseas dividend shall be treated, for the purposes of the provisions of the Tax Acts relating to the charge to tax under Schedule D and so far as the recipient is concerned, as an overseas dividend of an amount equal to the amount of the manufactured overseas dividend received by him, but not so as to entitle the recipient to claim relief under Part XVIII of the Taxes Act in respect of any tax attributable to the manufactured overseas dividend received.
5
For the purposes of paragraph (2), an overseas security shall be taken to represent a loan relationship if a company holding that security would have a loan relationship within the meaning of section 81 of the Finance Act 1996.
6
References in paragraph (4) to the recipient of a manufactured overseas dividend include references to any person claiming title to the manufactured overseas dividend through or under the recipient.
5
In regulation 4(4) after sub-paragraph (a) there shall be inserted the following sub-paragraph —
aa
the approved United Kingdom intermediary is required to pay a manufactured overseas dividend representative of the same overseas dividend as is represented by the manufactured overseas dividend received by him, in circumstances where regulation 3(4) applies to the payment, or.
6
In regulation 5(2)(b)(ii) —
a
after the word “has” there shall be inserted the word “either”;
b
after the word “tax” there shall be added the words “or makes the payment in circumstances where regulation 3(4) applies”.
7
After regulation 6 there shall be inserted the following regulation —
Reduction of tax payable under paragraph 4(3) of Schedule 23A
6A
1
Where, in a case to which paragraph 4(3) of Schedule 23A applies, overseas tax was charged on, or in respect of, the making of the manufactured overseas dividend received by the United Kingdom recipient, the amount of tax to be accounted for and paid under that provision shall, for the purposes of the provisions of the Tax Acts relating to the charge to tax under Schedule D, be taken as reduced in accordance with paragraph (2) or, as the case may be, paragraph (3).
2
Where the amount specified in paragraph (4) exceeds the amount specified in paragraph (5), the amount of tax shall be reduced so as to equal the amount of the excess.
3
Where the amount specified in paragraph (4) is equal to or less than the amount specified in paragraph (5), the amount of tax shall be reduced to nil.
4
The amount specified in this paragraph is the amount of the manufactured overseas dividend received by the United Kingdom recipient.
5
The amount specified in this paragraph is the amount which the United Kingdom recipient would have received by way of the overseas dividend of which the manufactured overseas dividend is representative, had the overseas dividend been paid to him.
6
Relief claimed by the United Kingdom recipient under Part XVIII of the Taxes Act in a case to which paragraph (2) applies, other than relief given by virtue of section 811 of that Act , shall not exceed the aggregate of the amount of tax accounted for and paid by the United Kingdom recipient under paragraph 4(3) of Schedule 23A and the amount of overseas tax charged on, or in respect of, the making of the manufactured overseas dividend received by him.
8
In regulation 7 —
a
In paragraph (2) after sub-paragraph (d) there shall be added the following sub-paragraph —
or
e
is an approved United Kingdom collecting agent or an approved United Kingdom intermediary in receipt of a manufactured overseas dividend who shows that the overseas dividend manufacturer concerned was entitled to payment of the overseas dividend of which the manufactured overseas dividend is representative either —
i
as the holder of the overseas securities concerned, or
ii
directly or indirectly from a person from whom he acquired those securities, or to whom he transferred them, and who was so entitled as the holder of those securities.
b
after paragraph (3) there shall be inserted the following paragraph —
3A
Where by virtue of paragraph (1) tax is not required to be accounted for and paid pursuant to paragraph 4(3) of Schedule 23A in the circumstances prescribed by paragraph (2)(e), paragraph 4(4) of that Schedule shall apply as if the amount of tax required under paragraph 4(3) of that Schedule had been accounted for and paid.
9
After regulation 7 there shall be inserted the following regulation —
Disapplication of paragraph 5 of Schedule 23A
7A
For the purposes of the provisions of the Tax Acts relating to the charge to tax under Schedule D, paragraph 5 of Schedule 23A shall not apply where the manufactured payment referred to in sub-paragraph (1) of that paragraph is a manufactured overseas dividend, and accordingly paragraph 4 of that Schedule shall apply in relation to any such manufactured payment.
10
In regulation 9 —
a
for paragraph (1) there shall be substituted the following paragraphs —
1
In the circumstances prescribed by paragraph (2) and subject to paragraph (4), a person who is an overseas dividend manufacturer in any chargeable period shall be entitled to set off the amounts specified in paragraph (1A) against the sums specified in paragraph (1B).
1A
The amounts specified in this paragraph are —
a
amounts of overseas tax in respect of overseas dividends received by the overseas dividend manufacturer in the chargeable period;
b
amounts of overseas tax charged on, or in respect of, the making of manufactured overseas dividends so received by him;
c
amounts deducted under paragraph 4(2) of Schedule 23A from manufactured overseas dividends so received by him;
d
amounts accounted for and paid under paragraph 4(3) of Schedule 23A in respect of manufactured overseas dividends so received by him;
e
amounts accounted for and paid under regulation 4(3) in respect of manufactured overseas dividends so received by him.
1B
The sums specified in this paragraph are sums due from the overseas dividend manufacturer on account of the amounts deducted by him under paragraph 4(2) of Schedule 23A from the manufactured overseas dividends paid by him in the chargeable period.;
b
in paragraph (2) —
i
sub-paragraph (aa) shall be omitted;
ii
in sub-paragraph (b) for the words “paragraph (1)(a)” there shall be substituted the words “paragraph (1A)”;
c
in paragraph (3) —
i
after the words “so received” there shall be inserted the words “on or in respect of the making of which overseas tax has been charged or”;
ii
for the words “paragraph (1)(a)” there shall be substituted the words “paragraph (1A)”;
d
in paragraph (4) in sub-paragraphs (a) and (b) after the words “the tax” there shall be inserted the words “referred to in that paragraph that is”;
e
in paragraph (4A)(a) —
i
in sub-paragraph (b) after the word “tax”, where it first occurs, there shall be inserted the words “referred to in paragraph (3) that is”, and after the word “tax”, where it secondly occurs, there shall be inserted the words “referred to in that paragraph that is”;
ii
after the words “in respect of any tax” there shall be inserted the words “referred to in paragraph (3) that is”;
f
in paragraphs (5) and (6) —
i
for the words “paragraph (1)(a)”, wherever occurring, there shall be substituted the words “paragraph (1A)”;
ii
for the words “paragraph (1)(b)”, wherever occurring, there shall be substituted the words “paragraph (1B)”;
g
in paragraph 7(a) after the words “overseas dividend” there shall be inserted the words “or manufactured overseas dividend”;
h
in paragraph (8) for the words from “in this paragraph” to the end there shall be substituted the words
in this paragraph —
i
so far as overseas dividends are concerned, is the territory of the government or public or local authority which issued the securities in question or, where the securities were issued by any other body of persons not resident in the United Kingdom, the territory under whose law that tax would have been payable;
ii
so far as manufactured overseas dividends are concerned, is the territory of the government by which tax is charged on, or in respect of, the making of the manufactured overseas dividend concerned.
11
In regulation 10 —
a
in paragraph (1)(a)(iii) for the words from “from which” to “regulation 4(3)” there shall be substituted the words “to which tax referred to in regulation 9(3) is attributable”;
b
for paragraphs (2) and (3) there shall be substituted the following paragraphs —
2
Where under paragraph (1) an overseas dividend or manufactured overseas dividend received is matched with a manufactured overseas dividend paid, any voucher relating to the deduction of overseas tax from the overseas dividend or manufactured overseas dividend received shall, subject to paragraph (3), be forwarded to the recipient of the manufactured overseas dividend paid.
3
Where under paragraph (1) an overseas dividend received, or a manufactured overseas dividend received on or in respect of the making of which overseas tax has been charged, is matched with more than one manufactured overseas dividend paid, the overseas dividend manufacturer —
a
shall endeavour to obtain from the payer of the overseas dividend or manufactured overseas dividend received a voucher corresponding to each manufactured overseas dividend paid, or
b
if, despite reasonable attempts to do so, he is unable to obtain such a voucher, shall prepare a voucher corresponding to each manufactured overseas dividend paid and showing the following amounts —
i
so much of the gross amount of the overseas dividend or manufactured overseas dividend received as corresponds to the gross amount of the manufactured overseas dividend paid,
ii
so much of the overseas tax in respect of the overseas dividend or manufactured overseas dividend received as would be eligible for relief as mentioned in regulation 9(7) and relates to the amount of the overseas dividend or manufactured overseas dividend calculated in paragraph (i) above, and
iii
so much of the actual amount of the overseas dividend or manufactured overseas dividend received as corresponds to the amount of the manufactured overseas dividend paid, and
c
shall forward the voucher obtained or, as the case may be, prepared by him to the recipient of the manufactured overseas dividend paid by him to which the voucher relates, instead of the voucher referred to in paragraph (2).;
c
in paragraph (4)(a) after the word “representative” there shall be inserted the words “or (as the case may be) from the payer of the manufactured overseas dividend received”.
12
In regulation 12 —
a
for paragraph (1) there shall be substituted the following paragraph —
1
This regulation applies to a case where a manufactured overseas dividend is paid to a collecting agent in circumstances where, had it been the overseas dividend of which it is representative, it would have been —
a
a foreign dividend (as defined in section 18(3D) of the Taxes Act , or
b
interest on a quoted Eurobond (as defined by section 124 of that Act ) held in a recognised clearing system.;
b
in paragraph (2)(a) —
i
the words “subject to paragraph (3)” shall be inserted at the beginning;
ii
the words “approved United Kingdom” shall be omitted;
c
after paragraph (2) there shall be added the following paragraph —
3
Where a manufactured overseas dividend paid to the collecting agent on behalf of an overseas dividend manufacturer —
a
is representative of an overseas dividend on overseas securities that are of the same kind as the overseas securities to which a manufactured overseas dividend paid by the collecting agent on behalf of that overseas dividend manufacturer relates, and
b
is in an equivalent amount and in respect of the same dividend date as the manufactured overseas dividend paid by him on behalf of that overseas dividend manufacturer,
deduction of an amount on account of income tax shall not be made by the collecting agent under paragraph (2)(a) in respect of the manufactured overseas dividend paid to him.
13
Regulation 13 shall be omitted.
14
In regulation 15 —
a
in paragraph (1) the words from “or, as the case may be,” to “and regulation 13(2)(a)” shall be omitted;
b
in paragraph (2) the words from “Except” to “13(2)(a)” shall be omitted.
Roger Knapman
Bowen Wells
Two of the Lords Commissioners of Her Majesty’s Treasury
16th October 1996


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Local Government Changes for England (Finance — Social Services Grants) Regulations 1996 and shall come into force on 1st April 1996.
2
In these Regulations —
“ the Act ” means the Local Government Act 1992 ;
“abolished authority” means a local authority which is wound up and dissolved by a section 17 order;
“designated authority”, in relation to an abolished authority, means —
where there is one successor authority, that authority; and
where there are two or more successor authorities, the successor authority specified in a section 17 order as the designated authority for the purposes of the Local Government Changes for England (Finance) Regulations 1994 ;
“preceding year” means any financial year ending before the reorganisation date;
“the reorganisation date” means the date (being 1st April in any year) which is specified as such in a section 17 order;
“section 17 order”, in relation to an authority, means an order under section 17 of the Act affecting that authority; and
“successor authority”, in relation to an abolished authority, means a local authority which is to have from the reorganisation date all the functions (or would have all the functions but for an order under section 21 or 22 of the Act) in relation to an area which, before that date, were the functions of the abolished authority in relation to that area.
Social Services Grants
2
1
Where the Secretary of State has made a grant or other payment under any of the enactments specified in paragraph (2) to an abolished authority in respect of a preceding year, any functions or liabilities of the abolished authority in relation to that grant or payment shall on or after the reorganisation date be the functions or liabilities of the designated authority.
2
The following enactments are specified for the purposes of paragraph (1) —
a
section 63(6) of the Health Services and Public Health Act 1968 (provision of instruction for officers of hospital authorities etc. employed, or contemplating employment, in certain activities connected with health or welfare ;
b
section 1 of the Local Government Grants (Social Need) Act 1969 (special needs in urban areas) ;
c
section 7E of the Local Authority Social Services Act 1970 (grants to local authorities in respect of certain mental illness or alcohol or drug abuse) ; and
d
section 41(12) (guardian ad litem panels) and section 82(1) and (2) (child care training and provision of secure accommodation) of the Children Act 1989 and section 81 (grants in respect of secure accommodation) of the Child Care Act 1980 .
John Bowis
Parliamentary Under Secretary of State,
Department of Health
11th March 1996


text:
Citation and commencement
1
These Regulations may be cited as the Motor Cars (Driving Instruction) (Amendment) Regulations 1996 and shall come into force on 9th September 1996.
Preliminary
2
The Motor Cars (Driving Instruction) Regulations 1989 shall be further amended in accordance with the following provisions of these Regulations.
Amendments to regulation 2 (interpretation)
3
1
Regulation 2 shall be amended as follows.
2
In paragraph (1) —
a
for the definition of “continued ability and fitness test” there shall be substituted the following definition —
“continued ability and fitness test” means the test of continued ability and fitness to give instruction in the driving of motor cars or appropriate motor cars referred to respectively in sections 125(5) and 125B(6)(b) of the Act and the nature of which is prescribed in regulation 8;
;
and
b
in the definitions of “driving ability and fitness test”, “examination”, “instructional ability and fitness test” and “written examination” for “section 125(3)(a)” there shall be substituted “sections 125(3)(a) and 125A(6)(a)”.
Amendments to regulation 7 (motor car to be provided for practical part of examination)
4
1
Regulation 7 shall be amended as follows.
2
In paragraph (3) —
a
for the words “The vehicle must — ” there shall be substituted the words “Subject to paragraph (3A) below, the vehicle must — ”;
b
the word “and” immediately following sub-paragraph (c) shall be omitted; and
c
after sub-paragraph (c) there shall be inserted the following sub-paragraph —
cc
in the case of the instructional ability and fitness test, be capable of being driven by the examiner; and
.
3
After paragraph (3) there shall be inserted the following paragraph —
3A
In the case of a vehicle provided by a candidate who fulfils the conditions mentioned in section 125A(1)(a) and (b) of the Act, paragraph (3)(c) above shall not apply.
.
Amendments to regulation 12 (form of licences)
5
For regulation 12 there shall be substituted the following regulation —
12
1
A licence granted by virtue of section 129(2)(a) of the Act shall be in the form set out in, and contain the particulars required by, Part I of Schedule 2 to these Regulations.
2
A licence granted by virtue of section 129(2)(b) of the Act shall be in the form set out in, and contain the particulars required by, Part II of Schedule 2 to these Regulations.
.
Amendments to regulation 13 (fees)
6
In regulation 13 for the Table there shall be substituted the following Table —
TABLE
(1) (2) (3) Item No. Matter in respect of which application is made Fee
1 Submission to written examination £50 2 Submission to driving ability and fitness test £60 3 Submission to instructional ability and fitness test £60 4 Retention of name in the register £190 5 A licence £85 6 Entry to the register following the passing of the examination £190 7 Entry to the register without passing the examination by virtue of sections 125(7), 125B(3), 126(3) or 126(4) of the Act. £190
.
Amendments to regulation 14 (official title of registered person and certificate of registration)
7
For regulation 14 there shall be substituted the following regulation —
14
1
The official title for use by persons whose names are in the register shall be “Department of Transport Approved Driving Instructor”.
2
The certificate for issue to persons whose names are in the register by virtue of section 125(3) of the Act, as evidence of their names being therein, shall be in the form set out in Part I of Schedule 3 to these Regulations.
3
The certificate for issue to persons whose names are in the register by virtue of section 125A(5) of the Act, as evidence of their names being therein, shall be in the form set out in Part II of Schedule 3 to these Regulations.
.
Amendments to regulation 16 (exhibition of certificate of registration or licence)
8
1
Regulation 16 shall be amended as follows.
2
For paragraph (3) there shall be substituted the following paragraph —
3
The prescribed form of certificate for the purposes of section 123(2) is —
a
in the case of persons whose names are in the register by virtue of section 125(3) of the Act, a certificate in the form set out in Part I of Schedule 3 to these Regulations; and
b
in the case of persons whose names are in the register by virtue of section 125A(5) of the Act, a certificate in the form set out in Part II of Schedule 3 to these Regulations.
.
Emergency control assessments
9
After regulation 16 there shall be inserted the following regulation —
Emergency control assessments
16A
The period prescribed for the purposes of sections 125B(6)(a) and 133B(2) shall be the period of four months beginning with the date on which written notice is given to a person of the Registrar’s decision to require him to submit himself for a further emergency control assessment.
.
Amendments to Schedule 2
10
1
Schedule 2 shall be amended as follows.
2
For the heading at the beginning of the Schedule there shall be substituted the following heading —
PART I
FORM OF LICENCE UNDER SECTION 129(2)(a) OF THE ACT
,
and accordingly the form set out in the Schedule shall have effect as Part I of the Schedule.
3
After the form, there shall be inserted the provisions set out in Schedule 1 to these Regulations.
Amendments to Schedule 3
11
1
Schedule 3 shall be amended as follows.
2
For the heading at the beginning of the Schedule there shall be substituted the following heading —
PART I
FORM OF CERTIFICATE OF REGISTRATION UNDER SECTION 125(3) OF THE ACT
,
and accordingly the form set out in the Schedule shall have effect as Part I of the Schedule.
3
After the form, there shall be inserted the provisions set out in Schedule 2 to these Regulations.
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
23rd July 1996


text:
Citation and commencement
1
1
This Order may be cited as the South Tynedale Railway (Light Railway) Order 1996 and shall come into force on 10th July 1996.
2
The South Tynedale Railway (Light Railway) Order 1987 and this Order may be cited together as the South Tynedale Railway (Light Railway) Orders 1987 and 1996.
Interpretation
2
1
In this Order, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them —
“the Board” means the British Railways Board;
“the Board’s railway” means the railway or former railway of the Board described in Schedule 1 to this Order together with all lands and works relating thereto;
“the Company” means the South Tynedale Railway Preservation Society incorporated under the Companies Acts 1948 and 1981 and having its registered office at the Railway Station, Alston, Cumbria;
“the Council” means the Northumberland County Council;
“the lease” means any lease granted under paragraph (1) of article 6 (Leasing of railway to Company) of this Order, any extension of the same or any new lease granted under any statutory powers or provisions;
“the railway” means the railway authorised to be constructed and maintained by the undertakers pursuant to article 5 of this Order together with all lands and works relating thereto and, where any part of the said railway and works remains uncompleted, includes the site of that part;
“the undertakers” means the Council or, during the currency of the term created by the lease, the Company.
2
All directions, distances and reference points stated in any description of works, powers or lands shall be construed as if the words “or thereabouts” were inserted after any such direction, distance and reference point.
Incorporation and modification of enactments
3
1
The following enactments, so far as the same are applicable for the purposes and are not inconsistent with, or varied by, the provisions of this Order, are incorporated with, and form part of, this Order: —
Railways Clauses Consolidation Act 1845
Section 16 (works to be executed);
Section 24 (penalty for obstructing construction of railway);
Section 61 (company to make sufficient approaches and fences to such highways crossing on the level);
Section 68 (maintenance of gates, bridges, fences, drains, watering places);
Section 75 (penalty on persons omitting to fasten gates);
Sections 77 to 85E and the First, Second and Third Schedule (provisions with respect to mines lying under or near the railway);
Section 103 (penalty on persons refusing to quit carriage at destination);
Section 105 (carriage of dangerous goods on railway);
Section 145 (penalties to be summarily recovered before two justices);
Section 154 (transient offenders).
Railways Clauses Act 1863
Section 5 (Trains not to be shunted, etc. over level crossings).
2
The following provisions of the Regulation of Railways Act 1889 shall apply to the railway —
Section 1 (power to order certain provisions to be made for public safety); and
Section 5 (penalty for avoiding payment of fare).
3
Sections 116 to 118 of the Transport Act 1968 shall apply to the railway as if for references therein to the Board there were substituted references to the undertakers.
Transfer of rights, etc. from Board
4
Except as may be otherwise provided in this Order, as from the coming into force of this Order the railway or any part thereof shall be subect to all statutory and other provisions applicable to the Board’s railway (insofar as the same are still subsisting and capable of taking effect) and the Council shall (subject to article 6(2) below) to the exclusion of the Board be entitled to the benefit of and to exercise all rights, powers and privileges and be subject to all obligations statutory or otherwise relating to the Board’s railway (insofar as the same are still subsisting and capable of taking effect) to the intent that the Board shall be released from all such obligations).
Power to construct railway
5
1
The undertakers may on the line of the Board’s railway construct and maintain a railway with all the necessary works and conveniences connected therewith and work the same as a light railway under the Act and in accordance with the provisions of this Order.
2
The railway shall be laid on the same levels as, and within the existing formation of, the Board’s railway.
Leasing of railway to Company
6
1
The Council may lease to the Company the railway or any part thereof together with the rights, interests, powers, privileges and obligations vested in the Council by article 4 above (Transfer of rights, etc. from Board) on such terms and conditions as may be agreed between the Council and the Company.
2
During the continuance of the lease the Company shall to the exclusion of the Council be entitled to the benefit of and to exercise all rights, powers and privileges and be subject to all obligations statutory or otherwise as are transferred to or conferred on the Council by this Order and are for the time being in force in respect of the railway or such part thereof as is comprised in the lease.
Gauge of railway and motive power
7
1
The railway shall be constructed and operated on a nominal gauge of 610 millimetres (2 feet) and the motive power shall be steam, diesel-electric, diesel, internal combustion, electric-battery or such other motive power as the Secretary of State may approve.
2
Nothing in this Order shall authorise the use of electrical power as motive power on the railway unless such power is obtained from storage batteries or from a source of generation entirely contained in and carried along with the engines and carriages.
3
If electrical power is used as motive power on the railway, such electrical power shall not be used in such a manner as to cause or be likely to cause any interference with any telecommunications apparatus (as defined in Schedule 2 to the Telecommunications Act 1984) or with telecommunication by means of such apparatus.
Level crossings
8
1
The undertakers may in the construction of the railway make level crossings across the road and footpaths mentioned in column 1 of Schedule 2 to this Order at the locations mentioned in column 2 of that Schedule with a double line of rails or (in the case of Footpath No. 12) a single line of rails.
2
The undertakers shall provide and maintain at the level crossings mentioned in paragraphs 1 and 3 of the said Schedule 2 the signs specified in Schedule 3 to this Order.
3
a
The undertakers shall provide, maintain and operate at or near the level crossing mentioned in paragraph 2 of the said Schedule 2 such barriers, gates or other protective equipment as the Secretary of State may from time to time approve in writing, and subject to such requirements as he may from time to time lay down.
b
In this paragraph “protective equipment” includes lights, traffic signs, (within the meaning of section 64(1) of the Road Traffic Regulation Act 1984 , as prescribed in Schedule 3 of the Traffic Signal Regulations and General Directions 1994 ) manual, mechanical, automatic, electrical or telephonic equipment or other devices.
4
Where the undertakers are authorised by this Order to carry the railway across a footpath on the level, it shall not be lawful for the undertakers to shunt any train over the level crossing.
5
The Council and the Company may enter into agreements with respect to the construction and maintenance of the level crossings mentioned in Schedule 2 to this Order; and such an agreement may contain such terms as to payment or otherwise as the parties consider appropriate.
6
Notwithstanding anything in any enactment the undertakers shall not be required to erect or maintain a station or lodge at any of the level crossings mentioned in Schedule 2 to this Order or to provide keepers.
7
Section 30 (Company to erect stations or lodges and gates at level crossings) of the Newcastle-upon-Tyne and Carlisle Branch Railway Act 1846 shall not apply to any of the level crossings mentioned in Schedule 2 to this Order.
Conveyance of passengers
9
No part of the railway shall be used for the conveyance of passengers without the prior written permission of the Secretary of State.
For protection of Environment Agency
10
1
For the protection of the Environment Agency (in this article referred to as “the Agency”) the following provisions shall, unless otherwise agreed in writing between the undertakers and the Agency apply and have effect.
2
Nothing in this Order or in any enactment incorporated with or applied by this Order shall prejudice or affect the operation of section 109 of the Water Resources Act 1991 or any byelaws made under that Act or the Land Drainage Act 1991 in relation to anything done under or in pursuance of this Order.
3
a
Before carrying out any works involving the erection or raising of any obstruction to the flow of any watercourse which is not part of a main river within the meaning of section 113 of the Water Resources Act 1991 or the construction, alteration or replacement of any culvert or any structure designed to contain or divert the flow of any such watercourse in, under or through any land held for the purposes of or in connection with the railway the undertakers shall furnish to the Agency proper and sufficient plans thereof for the approval of the Agency and shall not carry out the said works until the said plans have been approved in writing by the Agency:PROVIDED that approval of plans furnished under this paragraph shall not be unreasonably withheld and, if within two months after such plans have been supplied to the Agency the Agency shall not have intimidated its disapproval thereof and the grounds of its disapproval it shall be deemed to have approved the plans as supplied.
b
For the purposes of this article, “plans” includes sections, drawings, specifications, calculations and descriptions.
4
a
Any culvert or any structure designed to contain or divert the flow of any watercourse situated within any land held for the purpose of or in connection with the railway whether constructed under the powers of this Order or in existence prior to the making hereof, shall be maintained by the undertakers in good repair and condition and free from obstruction.
b
Nothing in this paragraph shall have the effect of requiring the undertakers to carry out works of maintenance in respect of any culvert or structure which the Agency or any other person is liable to maintain.
5
If any obstruction is erected or raised or any culvert is constructed, altered or replaced in contravention of this article the undertakers shall upon receiving notice from the Agency take such action as may be necessary to remedy the effect of the contravention to the Agency’s satisfaction and in default the Agency may itself take such action as may be necessary and recover the expenses reasonably incurred by it in doing so from the undertakers as a debt due from them to the Agency.
6
Any dispute or difference which may arise between the Agency and the undertakers under this article shall be referred to and determined by a single arbitrator to be agreed upon between the parties or, failing such agreement, to be appointed by the President for the time being of the Institution of Civil Engineers on application of either party (after notice in writing to the other of them).
7
The provisions of the Railways Clauses Consolidation Act 1845 applied by this Order shall be subject to the provisions of this article.
For protection of public gas transporters
11
Nothing in this Order shall prejudice or affect the statutory or other rights of any public gas transporter within the meaning of Part I of the Gas Act 1986 in any apparatus belonging to them or for the maintenance of which they are responsible, or any structure for the lodging therein of apparatus, being any apparatus or structure situate under, over or upon lands in or upon which the railway or any part thereof is constructed.
Signed by authority of the Secretary of State for Transport
R. A. Allan
An Under Secretary,
Department of Transport
9th July 1996


text:
Citation and Commencement
1
1
This Order may be cited as the Buying Agency Trading Fund (Amendment) Order 1996 and shall come into force on 8th May 1996.
Amendment
2
In Article 4 of the Buying Agency Trading Fund Order 1991 for “the Secretary of State” substitute “the Chancellor of the Duchy of Lancaster.”
Signed by authority of the Secretary of State
Ferrers
Minister of State,
Department of the Environment
2nd April 1996
We concur
Simon Burns
Liam Fox
Two of the Lords Commissioners of Her Majesty’s Treasury
3rd April 1996


text:
Citation and commencement
1
1
These Regulations may be cited as the Nursery Education (Amendment) Regulations 1996 and shall come into force on 1st January 1997.
2
In these Regulations —
“ the Act ” means the Nursery Education and Grant-Maintained Schools Act 1996;
“funded nursery education” has the meaning assigned by paragraph 1(a) of Schedule 1 to the Act;
“the principal Regulations ” means the Nursery Education Regulations 1996 .
Amendment of the principal Regulations
2
The principal Regulations shall be amended in accordance with the following regulations.
Nursery education
3
In regulation 2 of the principal Regulations, for paragraphs (2) to (4) there shall be substituted —
2
For the purposes of section 1(2)(b) of the Act there is prescribed in relation to education provided in the London Boroughs of Kensington and Chelsea, Wandsworth and Westminster and in Norfolk only as the time after which education provided for a child is nursery education the time referred to in paragraph (3) which shall apply before paragraph (5) takes effect.
3
The time referred to in paragraph (2) is the time immediately preceding the beginning of —
a
his first school term starting after he has attained the age of 4 years; or
b
where he attended school and attained that age on or after the first day of the first term to begin after the end of July 1996 (but not later than the qualifying date for that term referred to in paragraph (4)(a)), that term; or
c
where he attends school and attains that age on or after the first day of the first term to begin after the end of December 1996 (but not later than the qualifying date for that term referred to in paragraph (4)(b)), that term.
4
a
The qualifying date referred to in paragraph (3)(b) for the London Boroughs of Kensington and Chelsea, Wandsworth and Westminster is 31st August 1996 and for Norfolk is 9th September 1996.
b
The qualifying date referred to in paragraph (3)(c) for the London Boroughs of Kensington and Chelsea, Wandsworth and Westminster is 1st January 1997 and for Norfolk is 6th January 1997.
5
For the purposes of section 1(2)(b) of the Act there is prescribed, as the time after which education provided for a child is nursery education, the time immediately preceding the beginning of —
a
his first school term (not being earlier than 1st April 1997) starting after he has attained the age of four years; or
b
if his fourth birthday falls within the period specified in paragraph (6), the school term following the school term referred to in that paragraph.
6
The period referred to in paragraph (5)(b) commences, as the case may be, on 1st April 1997, 1st September 1997 or 1st January 1998 (or on any anniversary of those dates) and ends with the beginning of the school term following the commencement of the period in question.
7
Where education is provided for a child otherwise than at a school, paragraphs (3) and (5) shall apply as if —
a
the references to terms were references to any broadly corresponding continuous periods of at least 12 weeks (ignoring the interruption of 1 week or less) in which education is provided for the child; and
b
the references in paragraph (3) to his attending school were omitted.
8
For the purposes of Schedule 1 to the Act (inspections etc. ) only “nursery education” includes education provided after 1st January 1997 which is of a kind which, if provided on or after 1st April 1997, would amount to nursery education for the purposes of the Act.
Recipients of grant
4
After regulation 3(e) in the principal Regulations there shall be added:
f
local authorities which provide nursery education at home for children with special educational needs.
Inspection reports
5
1
In paragraph (1) of regulation 7 in the principal Regulations for “10 days” there shall be substituted “15 days”.
2
After regulation 7(3)(h) there shall be added:
i
in the case of nursery education provided by the local authority at home to children with special educational needs, that authority.
Inspection intervals
6
After regulation 7 in the principal Regulations there shall be added the following regulation:
Inspection intervals
8
1
For the purpose of paragraph 6(1)(a) of Schedule 1 to the Act there are prescribed as the intervals at which funded nursery education shall be inspected by a registered nursery education inspector —
a
in respect of such education provided at premises in England, within successive periods of four years, and
b
in respect of such education provided at premises in Wales, within successive periods of five years.
2
The periods, within which the first inspection is to take place at the premises referred to in paragraph (1), shall commence on the day on or after 1st April 1997 on which funded nursery education is first provided at the premises.
Signed by authority of the Secretary of State
Robin Squire
Parliamentary Under Secretary of State,
Department for Education and Employment
11th December 1996
William Hague
Secretary of State for Wales
11th December 1996


text:
Citation and commencement
1
1
These Regulations may be cited as the Local Authorities (Members' Interests) (Amendment) Regulations 1996, and shall come into force on 1st July 1996.
Members' interests
2
The Local Authorities (Members' Interests) Regulations 1992 are amended as provided in regulations 3 to 5 below.
Interpretation
3
In regulation 2 —
a
after ‘these Regulations’ there is inserted —
“the 1964 Act ” means the Police Act 1964 ;
;
b
for the definition of ‘authority’ there is substituted —
“authority” means —
in relation to England —
a county, district or London borough council;
the Council of the Isles of Scilly;
the Common Council of the City of London in its capacity as a local authority, police authority or port health authority;
in relation to Wales, a county or county borough council;
in relation to England and Wales —
a police authority established under section 3 of the 1964 Act, or
a National Park authority;
in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ;
;
c
the definition of ‘councillor’ is omitted, and after the words ‘or to receive income’ in the definition of ‘land’ there is inserted —
“relevant member” —
in the case of a police authority, means a member of the authority appointed under paragraph 2 or 5 of Schedule 1B to the 1964 Act ;
in the case of a National Park authority, means any member of the authority; and
in any other case, means an elected member of the authority;
.
General notices
4
1
In regulation 3 —
a
in paragraph (1) —
i
there is inserted at the beginning ‘Subject to paragraph (5),’; and
ii
for ‘councillor’ there is substituted ‘relevant member’;
b
for paragraph (2) there is substituted —
2
A person who is a relevant member of a police authority or a National Park authority immediately before 1st July 1996 shall give the general notice not later than one month after the date, being a date on or after that date, on which he first attends a relevant meeting.';
c
in paragraph (3), for the words from ‘who is elected’ to ‘already a councillor’ there is substituted `who becomes a relevant member of an authority other than a police authority or a National Park authority and was not already such a member';
d
after paragraph (3) there is inserted —
3A
A person who becomes a relevant member of a police authority or a National Park authority (other than by a re-appointment taking effect immediately after cessation of his membership) on or after 1st July 1996 shall give the relevant notice not later than —
a
one month after that date, or
b
one month after the date on which he first attends a relevant meeting,
whichever is the later.
;
e
in paragraph (4), for the words from ‘relevant meeting’ to ‘the councillor is a member, or’ there is substituted ‘in relation to a relevant member, “relevant meeting” means a meeting of the authority of which he is a member, or (except where the authority is a police authority),’; and
f
at the end there is added —
5
The Schedule shall apply in relation to a police authority and a National Park authority as if paragraph 3(b) were omitted.
.
2
The requirement to give a general notice applicable by virtue of paragraph (1)(b) above shall not apply in relation to a member of a National Park authority who has before 1st July 1996 given a general notice in accordance with paragraph 6(2) of Schedule 5 to the National Park Authorities (Wales) Order 1995 .
Consequential amendments
5
1
In regulations 4 and 5(2) and (3), for ‘councillor’ in each place where it occurs there is substituted ‘relevant member’.
2
In the Schedule, for ‘councillor’ and ‘councillor’s', wherever they occur, there is substituted ‘member’ or, as the case may be, ‘member's’.
Signed by authority of the Secretary of State
Paul Beresford
Parliamentary Under-Secretary of State,
Department of the Environment
25th April 1996
Gwilym Jones
Parliamentary Under-Secretary of State,
Welsh Office
29th April 1996
George Kynoch
Parliamentary Under-Secretary of State,
Scottish Office
30th April 1996


text:
1
These Regulations may be cited as the Taxes (Interest Rate) (Amendment ) Regulations 1996 and shall come into force on 6th February 1996.
2
In regulation 5(1) of the Taxes (Interest Rate) Regulations 1989 —
a
for “6th October 1995” there shall be substituted “6th February 1996”;
b
for “7.75 per cent. per annum” there shall be substituted “7.25 per cent. per annum”.
Simon Burns
Derek Conway
Two of the Lords Commissioners of Her Majesty’s Treasury
10th January 1996


text:
Citation and commencement
1
These Regulations may be cited as the National Health Service (Functions of Health Authorities in England) (General Dental Services Incentive Schemes) Regulations 1996 and shall come into force on 1st September 1996.
Prescribed functions of Health Authorities in England
2
1
For the purposes of section 15(1)(b) of the National Health Service Act 1977, the two functions set out in paragraphs (2) and (3) are prescribed functions of each Health Authority in England.
2
The first function referred to in paragraph (1) is, where the Health Authority considers it appropriate to do so, to propose to the Secretary of State for his approval one or more schemes for making payments to general dental practitioners whose names are included in the Authority’s dental list, being schemes designed to increase the availability of general dental services in the Authority’s area.
3
The second function referred to in paragraph (1) is to establish, operate, make payments under, and monitor each such scheme as relates to the Authority’s area and has received the approval of the Secretary of State.
4
Each Authority in whose area such a scheme has been approved by the Secretary of State shall provide him with information relating to the functioning of each such scheme and to the use of sums paid under it.
5
In paragraph (2), “dental list” has the same meaning as in the National Health Service (General Dental Services) Regulations 1992 .
Stephen Dorrell
One of her Majesty’s Principal Secretaries of State(Department of Health)
1996


text:
Citation and Commencement
1
These Regulations may be cited as the Education (Grant-maintained Special Schools) (Amendment) Regulations 1996 and shall come into force on 22nd February 1996.
Amendment
2
There shall be substituted for regulation 4(1) of the Education (Grant-maintained Special Schools) Regulations 1994 the following —
4
1
Section 24 of the 1993 Act shall apply in relation to the governing bodies of maintained special schools eligible to become grant-maintained special schools as it applies to other schools which are eligible for grant-maintained status, subject to the following modifications —
a
for subsection (1) of that section there shall be substituted —
1
This section applies to the governing bodies of all maintained special schools which are eligible to become grant-maintained special schools.
; and
b
for subsection (3) of that section there shall be substituted —
3
Subsection (2) does not apply (if it would otherwise have applied) —
a
in respect of any school year if a ballot has been held in accordance with section 28 of this Act in the school year which precedes it; and
b
in relation to the school year ending in 1996, if the question referred to in that subsection has been considered by the governing body of the school at least once in that school year.
.
William Hague
Secretary of State for Wales
16th January 1996


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Nursery Education Regulations 1996 and shall come into force on 1st September 1996.
2
In these Regulations —
“ the Act ” means the Nursery Education and Grant-maintained Schools Act 1996;
“grant” means a grant made under arrangements under section 1 of the Act;
“grant period” has the meaning given in regulation 4(1);
“instrument” means a document or other thing provided initially to a parent under any arrangements made under section 1 of the Act for the purpose of determining the amount of grant payable to any authority or person by the Secretary of State (or where the arrangements so provide by any other person exercising functions relating to grants); and
“parent” includes any person seeking the provision of nursery education for a child.
Nursery education
2
1
For the purposes of section 1(2)(a) of the Act there is prescribed, as the time before which education provided for a child who does not attend school is nursery education, the beginning of —
a
the first term after he has attained the age of 5 years at county schools maintained by the local education authority in whose area he ordinarily resides; or
b
where the same term at such schools begins on different dates, the earliest term to begin after he has attained that age at any such school.
2
For the purposes of section 1(2)(b) of the Act in relation to education provided in the London Boroughs of Kensington and Chelsea, Wandsworth and Westminster and in Norfolk only there is prescribed, as the time after which education provided for a child is nursery education, the time immediately preceding the beginning of —
a
his first school term starting after he has attained the age of 4 years; or
b
where he attends school and attains that age on or after the first day of the first term to begin after the end of July 1996 (but not later than the qualifying date for that term referred to in paragraph (3)), that term.
3
a
The qualifying date referred to in paragraph (2) for the London Boroughs of Kensington and Chelsea, Wandsworth and Westminster is 31st August 1996.
b
The qualifying date referred to in paragraph (2) for Norfolk is 9th September 1996.
4
Where education is provided for a child otherwise than at a school, paragraph (2) shall apply as if —
a
the references to terms were references to any continuous periods of at least 12 weeks (ignoring any interruption of 1 week or less) in which education is provided for the child and which includes any of the dates referred to in paragraph (3); and
b
the reference in paragraph (2)(b) to his attending school were omitted.
Recipients of grant
3
Grants may be made (in addition to grants made to local education authorities under section 1(3)(a) of the Act) to —
a
local authorities which provide day care under section 18 of the Children Act 1989 ;
b
persons registered by a local authority under section 71(1)(b) of that Act (persons providing day care for children under 8 on non-domestic premises) or who would be required to be so registered if that Act applied to the Crown;
c
proprietors of independent schools to whom the Secretary of State has given notice of final registration of the school under section 70(1) of the Education Act 1944 ;
d
proprietors of independent schools the registration of which under that section is provisional, being schools providing nursery education for children with statements of special educational needs with the consent of the Secretary of State under section 189(5)(b) of the Education Act 1993 or with the approval of the authority by which the statements are maintained; and
e
proprietors of special schools not being maintained or grant-maintained special schools.
Amount of grant
4
1
In this regulation —
“grant period” means a period referred to in paragraph (2) or paragraph (3) (as the case may be);
“session” means any period during which nursery education is provided on any one day disregarding any break of less than one hour; and
“unit amount” means an amount specified by the Secretary of State for the purpose of determining grants.
2
Where the nursery education in respect of which a grant is made is provided at a school, the amount of the grant shall be determined in respect of a period comprising half a term.
3
Where the nursery education in respect of which a grant is made is provided otherwise than at a school, the amount of the grant shall be determined in respect of a period which is equivalent, or approximates, to half a school term.
4
Subject to paragraphs (6), (7) and (8), the amount of a grant made to a local education authority for any grant period in respect of nursery education provided at schools maintained by them shall be the amount obtained by multiplying the unit amount by the number of children for whom nursery education places are provided at such schools for that period.
5
Subject to paragraphs (4), (6), (7) and (8), the amount of a grant made to an authority or person for any grant period shall be the amount obtained by multiplying the unit amount by the number of children for whom nursery education places are provided by the authority or person for that period.
6
Where the nursery education place provided for any child for a grant period is provided for fewer than five sessions per week, that child shall be left out of account for the purposes of determining an amount of grant under paragraph (4) or (5) (as the case may be), and there shall be added to the amount of grant determined under that paragraph an amount in respect of the child obtained by applying the following formula —
A × S 5
where —
A is the unit amount; and
S is the number of sessions per week for which a nursery education place is provided for the child (or, if a different number of sessions is provided in different weeks, the highest such number).
7
Where a nursery education place begins to be provided for a child after the beginning of a grant period or ceases to be so provided before the end of such a period, the preceding paragraphs of this regulation shall apply as if the place had begun to be provided at the beginning of the period or (as the case may be) had continued to be provided until the end of the period.
8
For the purposes of determining the amount of grant under paragraphs (4) and (5) there shall be left out of account any child in respect of whom the authority or person seeking grant fails to produce an instrument.
Relevant condition of provision of nursery education at maintained schools
5
1
In this regulation “grant period” has the meaning given to it in regulation 4(1).
2
It shall be a condition, for the purposes of section 1(6) of the Act, that a parent to whom an instrument is provided furnishes that instrument to the authority or person by whom he seeks the provision of nursery education no later than the beginning of the grant period for which the education is sought.
Social security information
6
1
The information specified in paragraph (2) shall constitute information of a prescribed description for the purposes of paragraph 1(2) of Schedule 2 to the Act.
2
The information specified for the purposes of paragraph (1) shall be any information supplied to the Secretary of State in connection with a claim for, or in connection with the adjudication of a claim for, child benefit pursuant to Part IX of the Social Security Contributions and Benefits Act 1992 and in particular —
a
the name, address and date of birth of the child or of each child in respect of whom child benefit is claimed; and
b
the name and address of the person by whom the claim for child benefit is made.
Inspection reports
7
1
For the purposes of paragraph 13(1) of Schedule 1 to the Act there is prescribed, as the period within which a report of an inspection under paragraph 6 of that Schedule is to be made, 10 days beginning on the day following that on which the inspection is completed, or within a further five days where it is necessary to provide a translation of the report into Welsh or into English.
2
For the purposes of calculating the period prescribed by paragraph (1) no account shall be taken of Saturday, Sunday, Good Friday and Christmas Day or any day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 .
3
For the purposes of paragraph 13(2) of Schedule 1 to the Act there are prescribed, as the authorities and persons to whom a copy of a report of an inspection shall be sent —
a
in the case of nursery education provided at a school maintained by a local education authority, the head teacher of the school, (except in the case of a nursery school) the school’s governing body and the local education authority;
b
in the case of nursery education provided at a school having foundation governors, the person who appoints them;
c
in the case of nursery education provided at a school whose instrument of government names a person as sponsor, that person;
d
in the case of nursery education provided at an independent school, the head teacher of the school, the proprietors of the school, the Registrar of Independent Schools for England (if the school is in England) or the Registrar of Independent Schools for Wales (if the school is in Wales and, where the school is approved by the Secretary of State under section 189(1) of the Education Act 1993 (approval of independent schools for children with statements), the funding authority, or any local education authority, if the authority are paying fees in respect of the attendance of a registered pupil at the school;
e
in the case of nursery education provided at a special school which is not a maintained or grant-maintained special school, the head teacher of the school, the proprietors of the school and the funding authority, or any local education authority, if the authority are paying fees in respect of the attendance of a registered pupil at the school;
f
in the case of nursery education provided by a local authority under section 18 of the Children Act 1989, the local authority and the person in charge of the place at which the education is provided;
g
in the case of nursery education provided by a person registered by a local authority under section 71(1)(b) of the Children Act 1989, that person and the registering authority; and
h
in the case of nursery education provided by a person who would be required to be so registered if that Act applied to the Crown, that person and the Secretary of State.
Robin Squire
Parliamentary Under Secretary of State,
Department for Education and Employment
8th August 1996
William Hague
Secretary of State for Wales
8th August 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Deregulation (Motor Vehicles Tests) Order 1996.
2
This Order shall come into force at the end of the period of 14 days beginning with the day on which it is made.
3
In this Order “the 1988 Act ” means the Road Traffic Act 1988.
Early issue of test certificates
2
1
Section 48 of the 1988 Act (tests certificate: dates of issue and expiry etc. ) shall be amended as follows.
2
After subsection (1) there shall be inserted the following subsection —
1A
A test certificate issued in respect of a vehicle within the period of one month ending immediately before the date on which section 47 of this Act first applies to the vehicle shall be treated for the purposes of that section as if issued at the end of that period.
3
In subsection (5) (which adapts provisions of the section in relation to public service vehicles adapted to carry more than eight passengers) in paragraph (a) (which substitutes two months for one month) —
a
after “subsections” there shall be inserted “(1A),”, and
b
for “both places” there shall be substituted “each place”.
Signed by authority of the Secretary of State
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
17th June 1996