text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Child Benefit, Child Support and Social Security (Miscellaneous Amendments) Regulations 1996 and shall come into force —
a
for the purposes of regulations 1, 22 to 28, 30 and 35(b), on 1st April 1997;
b
for the purposes of regulations 2 to 21 and 37 to 49, on 7th April 1997;
c
for the purposes of regulations 29, 31 to 35(a) and 36 —
i
in any case where rent is payable at intervals of one month or any other interval which is not a week or a multiple thereof, on 1st April 1997, and
ii
in any other case, on 7th April 1997.
2
Regulations 37 to 41 of these Regulations 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 7th April 1997 which applies in his case and for the purpose of this paragraph, “benefit week” and “claimant” have the same meaning as in regulation 2(1) of the Income Support Regulations .
3
Regulations 42 to 46 of these Regulations 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 7th April 1997 which applies in his case and for the purpose of this paragraph, “benefit week” has the same meaning as in regulation 1(3) of the Jobseeker’s Allowance Regulations .
4
In these Regulations —
“the Adjudication Regulations ” means the Social Security (Adjudication) Regulations 1995 ;
“the Child Benefit Regulations ” means the Child Benefit (General) Regulations 1976 ;
“the Child Benefit Rates Regulations ” means the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976 ;
“the Child Support Maintenance Assessments Regulations ” means the Child Support (Maintenance Assessments and Special Cases) Regulations 1992 ;
“the Claims and Payments Regulations ” means the Social Security (Claims and Payments) Regulations 1987 ;
“the Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 ;
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 ;
“the Income Support Regulations” means the Income Support (General) Regulations 1987 ;
“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 1996 ;
“the Overlapping Benefits Regulations ” means the Social Security (Overlapping Benefits) Regulations 1979 .
Amendment of regulation 59 of the Adjudication Regulations
2
In regulation 59(1)(d) of the Adjudication Regulations (review of decisions involving payment or increase of child benefit), for the word “12” there shall be substituted the word “6”.
Amendment of regulation 9 of the Child Benefit Regulations
3
1
In regulation 9 of the Child Benefit Regulations (persons exempt from tax) —
a
in paragraph (1), after the words “his spouse” wherever those words occur, there shall be inserted the words “or partner”;
b
after paragraph (1), there shall be inserted the following paragraph —
1A
For the purpose of paragraph (1), “partner” means any person who is living with another person as his spouse.
.
2
Paragraph (1) shall not apply in the case of any person who was entitled to child benefit on 6th April 1997 and to whom regulation 9(1) of the Child Benefit Regulations applies on the date these Regulations come into force, for so long as his entitlement to child benefit continues.
Insertion of regulation 9A into the Child Benefit Regulations
4
1
After regulation 9 of the Child Benefit Regulations, there shall be inserted the following regulation —
Child living with another person as his spouse
9A
1
Except in the circumstances specified in paragraph (2), benefit shall not be payable to any person in respect of a child for any week in which that child is living with another person as his spouse (referred to in this regulation as “the partner”) and that child —
a
is under the age of 18 and not receiving full-time education; or
b
is under the age of 19 and receiving full-time education.
2
The specified circumstances are that —
a
the person to whom benefit is payable is not the partner of that child; and
b
the partner of that child is receiving full-time education.
.
2
Paragraph (1) shall not apply in the case of any person who was entitled to child benefit on 6th April 1997 for so long as that entitlement continues.
Amendment of regulation 2 of the Child Benefit Rates Regulations
5
1
Regulation 2 of the Child Benefit Rates Regulations (weekly rates of child benefit) shall be amended in accordance with the following paragraphs.
2
In paragraph (1) —
a
the words “paragraph (2) of this regulation and” shall be omitted;
b
for sub-paragraph (a), there shall be substituted the following sub-paragraph —
a
subject to paragraphs (2ZA) to (4) of this regulation —
i
in a case where in any week a child (not being a child to whom head (ii) of this sub-paragraph applies) is the only child or, if not the only child, the elder or eldest child in respect of whom child benefit is payable to a person, £10.80,
ii
in a case where in any week that child is the only child or, if not the only child, the elder or eldest child of a lone parent in respect of whom child benefit is payable to a person, £17.10; and
.
3
For paragraph (2) there shall be substituted —
2
For the purpose of paragraph (1)(a)(ii) of this regulation, “lone parent” means a person who is living with a child and, in any week, that person —
a
either has —
i
no spouse, or
ii
is not residing with his spouse, and
b
is not living with any other person as his spouse.
.
4
In paragraph (2ZA), after the words “paragraph (1)(a)” in both places where those words occur, there shall be inserted the word “(i)”.
5
In paragraph (2ZB), after the words “paragraph (1)(a)” there shall be inserted the words “(i) or (ii)”.
6
For paragraph (2A) there shall be substituted the following paragraph —
2A
Subject to paragraph (2AB), a person who is residing with a parent of the child shall be entitled to the weekly rate of child benefit payable under paragraph (1)(a)(i) of this regulation in respect of that child (“A”).
.
7
After that paragraph (2A), there shall be inserted the following paragraph —
2AB
Paragraph (2A) shall not apply where the person is also entitled to child benefit in respect of another child (“B”) for whom he is treated as responsible under section 143(1)(a) of the Social Security Contributions and Benefits Act 1992 and he is not residing with a parent of B, in which case he shall be entitled, in respect of A, to the weekly rate of child benefit payable under paragraph (1)(a)(ii) of this regulation.
.
8
In paragraph (4) —
a
in sub-paragraph (a), for the words “paragraph (2) of this regulation shall not apply”, there shall be substituted the words “the weekly rate of child benefit specified in paragraph (1)(a)(i) of this regulation shall be payable in respect of that child”;
b
in sub-paragraph (b), for the words “paragraph (2) of this regulation shall not apply to that child”, there shall be substituted the words “the weekly rate of child benefit specified in paragraph (1)(a)(i) of this regulation shall be payable in respect of that child”;
c
for sub-paragraph (c), there shall be substituted the following sub-paragraph —
c
in any week a person has been paid the weekly rate of child benefit for the time being specified in paragraph (1)(a)(ii) of this regulation and that week is one throughout which that person subsequently becomes entitled to such an allowance or increase as is referred to in sub-paragraph (a) above, the amount corresponding to the difference between the weekly rates of child benefit for the time being specified in paragraph (1)(a)(i) and (ii) of this regulation shall be treated as if it had been paid on account of any such allowance or increase payable in respect of that week.
.
Revocation of regulation 4 of the Child Benefit Rates Regulations
6
Regulation 4 of the Child Benefit Rates Regulations (transitional provisions for the purposes of regulation 2(2)) is hereby revoked.
Amendment of regulation 1 of the Child Support Maintenance Assessments Regulations
7
In regulation 1(2) of the Child Support Maintenance Assessments Regulations (interpretation) after the definition of “the Act” there shall be inserted the following definition —
“Child Benefit Rates Regulations” means the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976 ;
.
Amendment of regulation 3 of the Child Support Maintenance Assessments Regulations
8
In regulation 3(1) of the Child Support Maintenance Assessments Regulations (calculation of AG) —
a
for sub-paragraph (c) there shall be substituted the following sub-paragraph —
c
an amount equal to —
i
the amount specified in paragraph 3(b) of the relevant Schedule; or
ii
where the person with care is a lone parent as defined in regulation 2(1) of the Income Support Regulations, the amount specified in paragraph 3(a) of the relevant Schedule.
;
b
sub-paragraph (d) shall be omitted.
Amendment of regulation 4 of the Child Support Maintenance Assessments Regulations
9
In regulation 4 of the Child Support Maintenance Assessments Regulations (basic rate of child benefit) for the words “regulation 2(1) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976 (rates of child benefit)” there shall be substituted the words “regulation 2(1)(a)(i) or 2(1)(b) of the Child Benefit Rates Regulations (weekly rate for only, elder or eldest child and for other children)”.
Amendment of regulation 6 of the Child Support Maintenance Assessments Regulations
10
In regulation 6(2)(b) of the Child Support Maintenance Assessments Regulations (the additional element) for the words “regulation 3(1)(c)” there shall be substituted the words “regulation 3(1)(c)(i)”.
Amendment of regulation 9 of the Child Support Maintenance Assessments Regulations
11
1
Regulation 9 of the Child Support Maintenance Assessments Regulations (exempt income: calculation or estimation of E) shall be amended in accordance with the following paragraphs.
2
In paragraph (1) —
a
in sub-paragraph (c) —
i
for head (ii) there shall be substituted the following head —
ii
if he were a claimant, the conditions in paragraph 3(a) of the relevant Schedule would be satisfied;
;
ii
for the words “column 2 of paragraph 15(1) of that Schedule (income support lone parent premium)” there shall be substituted the words “that sub-paragraph”;
b
in sub-paragraph (f) —
i
after the words “that parent”, there shall be inserted the words “but he is not a lone parent as defined in regulation 2(1) of the Income Support Regulations,”;
ii
after the words “specified in”, there shall be inserted the words “sub-paragraph (b) of”.
3
In paragraph (2)(c)(iv), for the words “3 of the Schedule” there shall be substituted the words “3(b) of the relevant Schedule”.
4
In paragraph (3) —
a
for the words “any amounts” there shall be substituted the words “any amount”;
b
for the words “and (f)” there shall be substituted the words “or (f)”.
Amendment of regulation 11 of the Child Support Maintenance Assessments Regulations
12
1
Regulation 11 of the Child Support Maintenance Assessments Regulations (protected income) shall be amended in accordance with the following paragraphs.
2
In paragraph (1) —
a
for sub-paragraph (c) there shall be substituted the following sub-paragraph —
c
where, if the absent parent were a claimant, the conditions in paragraph 3(a) of the relevant Schedule (income support family premium) would be satisfied, an amount equal to the amount specified in that sub-paragraph;
;
b
in sub-paragraph (f) —
i
after the word “satisfied” there shall be inserted the words “but he is not a lone parent as defined in regulation 2(1) of the Income Support Regulations”;
ii
after the words “specified in” there shall be inserted the words “sub-paragraph (b) of”.
3
In paragraph (3) —
a
for the words “any amounts” there shall be substituted the words “any amount”;
b
for the words “and (f)” there shall be substituted the words “or (f)”; and
c
the words “income support lone parent premium and” shall be omitted.
Amendment of regulation 19 of the Child Support Maintenance Assessments Regulations
13
In regulation 19(2)(c) of the Child Support Maintenance Assessments Regulations (both parents are absent) for the words “not include any amount mentioned in regulation 3(1)(d) (income support lone parent premium)” there shall be substituted the words “include the amount specified in regulation 3(1)(c)(i) but not the amount specified in regulation 3(1)(c)(ii) (income support family premium)”.
Amendment of regulation 23 of the Child Support Maintenance Assessments Regulations
14
In regulation 23(2) of the Child Support Maintenance Assessments Regulations (person caring for children of more than one absent parent) for the words “, (c) or (d)” there shall be substituted the words “or (c)”.
Amendment of regulation 26 of the Child Support Maintenance Assessments Regulations
15
In regulation 26(1)(b) of the Child Support Maintenance Assessments Regulations (cases where child support maintenance is not to be payable), in head (ii), for the word “11(1)(f)” there shall be substituted the words “11(1)(c) or (f)”.
Amendment of regulation 28 of the Child Support Maintenance Assessments Regulations
16
In regulation 28(1)(b) of the Child Support Maintenance Assessments Regulations (amount payable where absent parent is in receipt of income support or other prescribed benefit), for the word “3” there shall be substituted the words “3(a) or (b)”.
Amendment of Schedule 1 to the Child Support Maintenance Assessments Regulations
17
1
Schedule 1 to the Child Support Maintenance Assessments Regulations (calculation of N and M) shall be amended in accordance with the following paragraphs.
2
After sub-paragraph (5) of paragraph 7 there shall be added the following sub-paragraph —
6
Where child benefit in respect of a relevant child is in payment at the rate specified in regulation 2(1)(a)(ii) of the Child Benefit Rates Regulations, the difference between that rate and the basic rate applicable to that child, as defined in regulation 4.
.
3
In paragraph 20 —
a
in head (ii) of sub-paragraph (a), for the words “to (d)” there shall be substituted the words “and (c)”;
b
in sub-paragraph (b), for the words “3(1)(c)” there shall be substituted the words “3(1)(c)(i)”.
4
For sub-paragraph (a) of paragraph 28 there shall be substituted the following sub-paragraph —
a
if the parent satisfies the conditions for payment of the rate of child benefit specified in regulation 2(1)(a)(ii) of the Child Benefit Rates Regulations, an amount representing the difference between that rate and the basic rate, as defined in regulation 4;
.
Amendment of regulation 2 of the Claims and Payments Regulations
18
In regulation 2(3) of the Claims and Payments Regulations (treatment as separate benefits), the words from “and so shall” to the end of that paragraph shall be omitted.
Amendment of regulation 9 of the Claims and Payments Regulations
19
In regulation 9(3) of the Claims and Payments Regulations (interchange of claims for child benefit with claims for other benefits), the words “(except an increase in child benefit)” shall be omitted.
Amendment of Schedule 1 to the Claims and Payments Regulations
20
In Part II of Schedule 1 to the Claims and Payments Regulations (interchange of claims for child benefit with claims for other benefits), the words “Increase in child benefit under regulation 2(2) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976” shall be omitted.
Amendment of Schedule 8 to the Claims and Payments Regulations
21
For paragraph 2(a) of Schedule 8 to the Claims and Payments Regulations (election to have child benefit paid weekly), there shall be substituted the following sub-paragraph —
a
he is a lone parent within the meaning set out in regulation 2(2) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976 , or
.
Amendment of regulation 10 of the Council Tax Benefit Regulations
22
In regulation 10(1)(b) of the Council Tax Benefit Regulations (applicable amounts relating to patients), the words “8 or” shall be omitted.
Amendment of regulation 26 of the Council Tax Benefit Regulations
23
1
Regulation 26 of the Council Tax Benefit Regulations (notional income) shall be amended in accordance with the following paragraphs.
2
After paragraph (4A) there shall be inserted the following paragraphs —
4B
Paragraph (4C) shall apply where a claimant is in receipt of both child benefit and an increase in child benefit under regulation 2(2) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976 (increase in respect of the only, elder or eldest child of a single parent) in respect of the week up to and including 6th April 1997.
4C
In a case where this paragraph applies, the appropriate authority shall, where it has selected 1st April 1997 to apply in its area as the date at which the claimant is treated as possessing benefit at the altered rate in accordance with paragraph (4), treat the claimant, for the period from 1st April 1997 to 6th April 1997, as possessing any child benefit which is payable to him from 7th April 1997 at the rates specified in regulation 2(1)(a)(ii) (weekly rate for only, elder or eldest child of a lone parent) and, as the case may be, (b) (weekly rate for other children) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976, to the extent that such child benefit is payable to him at those rates from that date.
.
3
In paragraph (6), after the words “(4A)” there shall be inserted the words “and (4C)”.
Amendment of regulation 40 of the Council Tax Benefit Regulations
24
In regulation 40(3)(b) of the Council Tax Benefit Regulations (students who are not excluded from entitlement to council tax benefit), for the words “the lone parent premium” there shall be substituted the words “a family premium under paragraph 3(a) of Schedule 1”.
Amendment of Schedule 1 to the Council Tax Benefit Regulations
25
1
Schedule 1 to the Council Tax Benefit Regulations (applicable amounts) shall be amended in accordance with the following paragraphs.
2
In Part II (family premium), in paragraph 3, after the words “shall be”, there shall be inserted the words —
where the claimant is a lone parent and no premium is applicable under paragraph 9, 10, 11 or 12, £22.05;
in any other case,
.
3
In Part III (premiums) —
a
in paragraph 4, for the words “paragraphs 8” there shall be substituted the words “paragraphs 9”;
b
paragraph 8 (lone parent premium) shall be omitted.
4
In Part IV (amounts of premiums), in paragraph 19, the entries in both columns of sub-paragraph (1) (lone parent premium) shall be omitted.
Amendment of Schedule 3 to the Council Tax Benefit Regulations
26
In paragraph 4 of Schedule 3 to the Council Tax Benefit Regulations (disregard of certain sums in the calculation of a lone parent’s earnings), for the words “lone parent premium under” there shall be substituted the words “family premium under paragraph 3(a) of”.
Amendment of Schedule 4 to the Council Tax Benefit Regulations
27
In Schedule 4 to the Council Tax Benefit Regulations (sums to be disregarded in the calculation of income other than earnings) —
a
in paragraph 46(1), (disregard of maintenance in the calculation of income other than earnings), for the words “the family premium” there shall be substituted the words “a family premium”;
b
after paragraph 57 there shall be inserted the following paragraph —
58
Where regulation 26(4C) applies to a claimant and —
a
he is in receipt of both child benefit and an increase in child benefit under regulation 2(2) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976 (increase in respect of the only, elder or eldest child of a single parent) in respect of the week up to and including 6th April 1997; and
b
child benefit is payable to him from 7th April 1997 at the rates specified in regulation 2(1)(a)(ii) (weekly rate for only, elder or eldest child of a lone parent) and, as the case may be, (b) of those Regulations (weekly rate for other children) as payable from that date,
any child benefit and increase in child benefit specified in sub-paragraph (a) to the extent that it is payable in respect of the period between 1st April 1997 and 6th April 1997.
.
Amendment of Schedule 5A to the Council Tax Benefit Regulations
28
In paragraph 2(c)(ii) of Schedule 5A to the Council Tax Benefit Regulations (conditions for an extended payment of council tax benefit), for the words “paragraph 8 (lone parent premium)” there shall be substituted the words “paragraph 3(a) (rate of family premium applicable to a lone parent)”.
Amendment of regulation 18 of the Housing Benefit Regulations
29
In regulation 18(1)(b) of the Housing Benefit Regulations (applicable amounts relating to patients), for the words “paragraphs 8 or” there shall be substituted the word “paragraph”.
Amendment of regulation 35 of the Housing Benefit Regulations
30
1
Regulation 35 of the Housing Benefit Regulations (notional income) shall be amended in accordance with the following paragraphs.
2
After paragraph (4A) there shall be inserted the following paragraphs —
4B
Paragraph (4C) shall apply where a claimant is in receipt of both child benefit and an increase in child benefit under regulation 2(2) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976 (increase in respect of the only, elder or eldest child of a single parent) in respect of the week up to and including 6th April 1997.
4C
In a case where this paragraph applies, the appropriate authority shall, in a case in which the claimant’s weekly amount of eligible rent falls to be calculated in accordance with regulation 69(2)(b) (calculation of weekly amounts), treat the claimant, for the period from 1st April 1997 to 6th April 1997, as possessing any child benefit which is payable to him from 7th April 1997 at the rates specified in regulation 2(1)(a)(ii) (weekly rate for only, elder or eldest child of a lone parent) and, as the case may be, (b) (weekly rate for other children) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976, to the extent that such child benefit is payable to him at those rates from that date.
.
3
In paragraph (6), after the words “(4A)” there shall be inserted the words “and (4C)”.
Amendment of regulation 48A of the Housing Benefit Regulations
31
In regulation 48A(2)(b) of the Housing Benefit Regulations (students who are treated as liable to make payments in respect of a dwelling), for the words “the lone parent premium” there shall be substituted the words “a family premium under paragraph 3(a) of Schedule 2”.
Amendment of regulation 51 of the Housing Benefit Regulations
32
In regulation 51(2)(c) of the Housing Benefit Regulations (exclusions from reductions in the amounts of eligible rent relating to students), in head (i), for the words “the lone parent premium” there shall be substituted the words “a family premium under paragraph 3(a) of Schedule 2”.
Amendment of Schedule 2 to the Housing Benefit Regulations
33
1
Schedule 2 to the Housing Benefit Regulations (applicable amounts) shall be amended in accordance with the following paragraphs.
2
In Part II (family premium), in paragraph 3, after the words “shall be”, there shall be inserted the words —
where the claimant is a lone parent and no premium is applicable under paragraph 9, 9A, 10 or 11, £22.05;
in any other case,
.
3
In Part III (premiums) —
a
in paragraph 4 , for the words “paragraphs 8” there shall be substituted the words “paragraphs 9”;
b
paragraph 8 (lone parent premium) shall be omitted.
4
In Part IV (amounts of premiums), in paragraph 15, the entries in both columns of sub-paragraph (1) (lone parent premium) shall be omitted.
Amendment of Schedule 3 to the Housing Benefit Regulations
34
In paragraph 4 of Schedule 3 to the Housing Benefit Regulations (disregard of certain sums in the calculation of a lone parent’s earnings), for the words “lone parent premium under” there shall be substituted the words “family premium under paragraph 3(a) of”.
Amendment of Schedule 4 to the Housing Benefit Regulations
35
In Schedule 4 to the Housing Benefit Regulations (sums to be disregarded in the calculation of income other than earnings) —
a
in paragraph 47(1) (disregard of maintenance in the calculation of income other than earnings), for the words “the family premium” there shall be substituted the words “a family premium”;
b
after paragraph 58 there shall be inserted the following paragraph —
59
Where regulation 35(4C) applies to a claimant and —
a
he is in receipt of both child benefit and an increase in child benefit under regulation 2(2) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976 (increase in respect of the only, elder or eldest child of a single parent) in respect of the week up to and including 6th April 1997; and
b
child benefit is payable to him from 7th April 1997 at the rates specified in regulation 2(1)(a)(ii) (weekly rate for only, elder or eldest child of a lone parent) and, as the case may be, (b) of those Regulations (weekly rate for other children) as payable from that date,
any child benefit and increase in child benefit specified in sub-paragraph (a) to the extent that it is payable in respect of the period between 1st April 1997 and 6th April 1997.
.
Amendment of Schedule 5A to the Housing Benefit Regulations
36
In paragraph 2(c)(ii) of Schedule 5A to the Housing Benefit Regulations (conditions for an extended payment of housing benefit), for the words “paragraph 8 (lone parent premium)” there shall be substituted the words “paragraph 3(a) (rate of family premium applicable to a lone parent)”.
Amendment of regulation 42 of the Income Support Regulations
37
In regulation 42 of the Income Support Regulations (notional income) —
a
for sub-paragraph (d) of paragraph (2) there shall be substituted the following sub-paragraph —
d
child benefit to which paragraph (2D) refers;
;
b
after paragraph (2C), there shall be inserted the following paragraph —
2D
This paragraph refers to child benefit payable in accordance with regulation 2(1)(a)(ii) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976 (weekly rate for only, elder or eldest child of a lone parent) but only to the extent that it exceeds the amount specified in regulation 2(1)(a)(i) of those Regulations.
.
Amendment of regulation 57 of the Income Support Regulations
38
In regulation 57 of the Income Support Regulations (period over which payments other than periodical payments are to be taken into account), in both head (ii) of paragraph (1)(b) and paragraph (2)(b), the words “and lone parent” shall be omitted.
Amendment of Schedule 2 to the Income Support Regulations
39
1
Schedule 2 to the Income Support Regulations (applicable amounts) shall be amended in accordance with the following paragraphs.
2
In Part II (family premium), in paragraph 3 , after the words “shall be”, there shall be inserted the words —
where the claimant is a lone parent and no premium is applicable under paragraph 9, 9A, 10 or 11, £15.75;
in any other case,
.
3
In Part III (premiums) —
a
in paragraph 4 , for the words “paragraphs 8” there shall be substituted the words “paragraphs 9”;
b
paragraph 8 (lone parent premium) shall be omitted.
4
In Part IV (amounts of premiums), in paragraph 15, the entries in both columns of sub-paragraph (1) (lone parent premium) shall be omitted.
Amendment of Schedule 7 to the Income Support Regulations
40
In Schedule 7 to the Income Support Regulations (applicable amounts in special cases) —
a
in Column (2) of paragraph 1(b) (applicable amounts in relation to patients), the words “8 or” shall be omitted; and
b
in Column (2) of paragraph 10C (applicable amounts for lone parents in residential accommodation temporarily), in sub-paragraph (b), the words “, or (d) in so far as that amount relates to the lone parent premium under paragraph 8 of Schedule 2” shall be omitted.
Amendment of Schedule 8 to the Income Support Regulations
41
In paragraph 5 of Schedule 8 to the Income Support Regulations (disregard of certain sums in the calculation of a lone parent’s earnings), for the words “lone parent premium under” there shall be substituted the words “family premium under paragraph 3(a) of”.
Amendment of regulation 105 of the Jobseeker’s Allowance Regulations
42
In regulation 105 of the Jobseeker’s Allowance Regulations (notional income) —
a
for sub-paragraph (c) of paragraph (2), there shall be substituted the following sub-paragraph —
c
child benefit to which paragraph (2A) refers;
;
b
after paragraph (2), there shall be inserted the following paragraph —
2A
This paragraph refers to child benefit payable in accordance with regulation 2(1)(a)(ii) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976 (weekly rate for only, elder or eldest child of a lone parent) but only to the extent that it exceeds the amount specified in regulation 2(1)(a)(i) of those Regulations.
.
Amendment of regulation 121 of the Jobseeker’s Allowance Regulations
43
In regulation 121 of the Jobseeker’s Allowance Regulations (period over which payments other than periodical payments are to be taken into account), in both head (ii) of paragraph (1)(b) and paragraph (2)(b), the words “and lone parent” shall be omitted.
Amendment of Schedule 1 to the Jobseeker’s Allowance Regulations
44
1
Schedule 1 to the Jobseeker’s Allowance Regulations (applicable amounts) shall be amended in accordance with the following paragraphs.
2
In Part II (family premium), in paragraph 4, after the words “shall be”, there shall be inserted the words —
where the claimant is a lone parent and no premium is applicable under paragraph 10, 11, 12 or 13, £15.75;
in any other case,
.
3
In Part III (premiums) —
a
in paragraph 5, for the words “paragraphs 9” there shall be substituted the words “paragraphs 10”;
b
paragraph 9 (lone parent premium) shall be omitted.
4
In Part IV (amounts of premiums), in paragraph 20, the entries in both columns of sub-paragraph (1) (lone parent premium) shall be omitted.
Amendment of Schedule 5 to the Jobseeker’s Allowance Regulations
45
In the entry in paragraph (b) of column (2) of paragraph 9 of Schedule 5 to the Jobseeker’s Allowance Regulations (applicable amount for lone parents who are in residential accommodation temporarily), for the words “regulation 83(d), (e) or (f) in so far as that amount relates to the lone parent premium under paragraph 9 of Schedule 1” there shall be substituted the words “regulation 83(d) or (f)”.
Amendment of Schedule 6 to the Jobseeker’s Allowance Regulations
46
In paragraph 6 of Schedule 6 to the Jobseeker’s Allowance Regulations (disregard of certain sums in the calculation of a lone parent’s earnings), for the words “lone parent premium under” there shall be substituted the words “family premium under paragraph 4(a) of”.
Amendment of regulation 8 of the Overlapping Benefits Regulations
47
In regulation 8 of the Overlapping Benefits Regulations (adjustment of benefit or increase in benefit by reference to child benefit) —
a
for paragraphs (2) and (3) there shall be substituted the following paragraphs —
2
Where child benefit is payable to a beneficiary at the rate for the time being specified in regulation 2(1)(a)(ii) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976 (in this regulation referred to as the “Child Benefit Rates Regulations”) (weekly rate for only, elder or eldest child of a lone parent) and for the same period, in respect of the same child, any benefit or increase in benefit under the Contributions and Benefits Act is or would be payable to a beneficiary, the weekly rate of that benefit or increase thereof shall be reduced by —
a
in a case where that benefit is guardian’s allowance payable to any person under section 77 of that Act, an amount equal to the amount, less £0.75, by which the rate is specified in regulation 2(1)(a)(i) of the Child Benefit Rates Regulations (weekly rate for only, elder or eldest child) exceeds the rate specified in regulation 2(1)(b) of those Regulations (weekly rate for other children); and
b
in any other case, an amount equal to the amount, less £0.75, by which the rate specified in regulation 2(1)(a)(ii) of the Child Benefit Rates Regulations exceeds the rate specified in regulation 2(1)(b) of those Regulations.
3
Subject to paragraph (6) of this regulation, where child benefit is payable to a beneficiary at the rate for the time being specified in regulation 2(1)(a)(i) of the Child Benefit Rates Regulations (weekly rate for only, elder or eldest child) and for the same period, in respect of the same child, any benefit or increase in benefit under the Contributions and Benefits Act is or would be payable to a beneficiary, the weekly rate of that benefit or increase thereof shall be reduced by an amount equal to the amount, less £0.75, by which the rate specified in regulation 2(1)(a)(i) of the Child Benefit Rates Regulations exceeds the rate specified in regulation 2(1)(b) of those Regulations.
;
b
paragraphs (4), (5) and (7) shall be omitted.
Transitional provision relating to applications for review
48
Where an applicant for a review of a decision relating to child benefit —
a
makes his application on or before 7th October 1997; and
b
in respect of any week or weeks prior to 7th April 1997 but no more than 26 weeks before the date of the application referred to in paragraph (a) of this regulation (“the relevant period”), would have satisfied the conditions, as were then in force, in regulation 2(2) of the Child Benefit Rates Regulations relating to an increase in the weekly rate of child benefit; and
c
was not in receipt of an increase in the weekly rate of child benefit under regulation 2(2) of those Regulations in respect of the relevant period,
that application for review shall be treated, in addition, as if it were a claim for an increase in the weekly rate of child benefit under regulation 2(2) of those Regulations in respect of the relevant period.
Transitional provision relating to maintenance assessments
49
A maintenance assessment in force on 7th April 1997 shall not be reviewed solely to give effect to regulations 7 to 17 of these Regulations but on a review of that assessment under section 16, 17 or 18 of the Child Support Act 1991 , those regulations shall have effect from the effective date of any fresh maintenance assessment made following that review, or from the first day of the first maintenance period which commences on or after 7th April 1997, whichever is the later.
Signed by authority of the Secretary of State for Social Security.
A J B Mitchell
Parliamentary Under-Secretary of State,
Department of Social Security
4th July 1996
We consent,
Simon Burns
Liam Fox
Two of the Lords Commissioners of Her Majesty’s Treasury
8th July 1996


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Health and Safety (Safety Signs and Signals) Regulations 1996 and shall come into force on 1st April 1996.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“the 1974 Act” means the Health and Safety at Work etc. Act 1974;
“acoustic signal” means a coded sound signal which is released and transmitted by a device designed for that purpose, without the use of a human or artificial voice;
“dangerous goods” has the meaning assigned to it by regulation 2(1) of the Carriage of Dangerous Goods by Road and Rail (Classification, Packaging and Labelling) Regulations 1994 ;
“emergency escape or first-aid sign” means a sign giving information on escape routes or emergency exits or first-aid or rescue facilities;
“fire safety sign” means a sign (including an illuminated sign or an acoustic signal) which —
provides information on escape routes and emergency exits in case of fire;
provides information on the identification or location of fire-fighting equipment; or
gives warning in case of fire;
“hand signal” means a movement or position of the arms or hands or a combination thereof, in coded form, for guiding persons who are carrying out manoeuvres which create a risk to the health or safety of persons at work;
“illuminated sign” means a sign produced by a device made of transparent or translucent materials which are illuminated from the inside or the rear in such a way as to give the appearance of a luminous surface;
“mandatory sign” means a sign prescribing behaviour;
“prohibition sign” means a sign prohibiting behaviour likely to cause a risk to health or safety;
“safety colour” means a colour to which a meaning is assigned;
“safety sign” means a sign referring to a specific object, activity or situation and providing information or instruction about health or safety at work by means of a signboard, a safety colour, an illuminated sign, an acoustic signal, a verbal communication or a hand signal;
“signboard” means a sign which provides information or instructions by a combination of geometric shape, colour and a symbol or pictogram and which is rendered visible by lighting of sufficient intensity;
“symbol or pictogram” means a figure which describes a situation or prescribes behaviour and which is used on a signboard or illuminated surface;
“verbal communication” means a predetermined spoken message communicated by a human or artificial voice;
“warning sign” means a sign giving a warning of a risk to health or safety.
2
Any reference in these Regulations to a sign providing instructions includes a mandatory sign, a prohibition sign and a warning sign.
3
In these Regulations, unless the context otherwise requires —
a
a reference to a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered; and
b
a reference to a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which that reference occurs.
Application
3
1
These Regulations shall not apply —
a
to signs used in connection with the supply of any dangerous substance, preparation, product or equipment except to the extent that any enactment (whether in an Act or instrument) which requires such signs makes reference to these Regulations;
b
to dangerous goods during the course of their transport by road, rail, inland waterway, sea or air;
c
subject to paragraph (6) of regulation 4, to signs used for regulating road, rail, inland waterway, sea or air traffic; or
d
to or in relation to the master or crew of a sea-going ship or to the employer of such persons in respect of normal ship-board activities of a ship’s crew under the direction of the master.
2
These Regulations shall apply —
a
in Great Britain; and
b
to and in relation to the premises and activities outside Great Britain to which sections 1 to 59 and 80 to 82 of the 1974 Act apply by virtue of the Health and Safety at Work etc. Act (Application Outside Great Britain) Order 1995 as they apply within Great Britain.
3
These Regulations shall not extend to Northern Ireland.
Provision and maintenance of safety signs
4
1
Paragraph (4) shall apply if the risk assessment made under paragraph (1) of regulation 3 of the Management of Health and Safety at Work Regulations 1992 indicates that the employer concerned, having adopted all appropriate techniques for collective protection, and measures, methods or procedures used in the organisation of work, cannot avoid or adequately reduce risks to employees except by the provision of appropriate safety signs to warn or instruct, or both, of the nature of those risks and the measures to be taken to protect against them.
2
For the purposes of paragraph (1), risks shall only be treated as having been adequately reduced if, having adopted the appropriate techniques, measures, methods or procedures referred to in that paragraph, there is no longer a significant risk of harm having regard to the magnitude and nature of the risks arising from the work concerned.
3
Without prejudice to paragraph (1), sub-paragraphs (a) and (b) of paragraph (4) shall also apply in relation to fire safety signs where they are required to comply with the provisions of any enactment (whether in an Act or instrument).
4
Where this paragraph applies, the employer shall (without prejudice to the requirements as to the signs contained in regulation 11(2) of the Offshore Installations (Prevention of Fire and Explosion, and Emergency Response) Regulations 1995 ) —
a
in accordance with the requirements set out in Parts I to VII of Schedule 1, provide and maintain any appropriate safety sign (other than a hand signal or verbal communication) described in those Parts, or ensure such sign is in place; and
b
subject to paragraph (5), in accordance with the requirements of Parts I, VIII and IX of Schedule 1, ensure, so far as is reasonably practicable, that any appropriate hand signal or verbal communication described in those Parts is used; and
c
provide and maintain any safety sign provided in pursuance of paragraph (6) or ensure such sign is in place.
5
For the purposes of sub-paragraph (b) of paragraph (4), the appropriate hand signal described in the documents specified in Schedule 2 shall be an alternative to the corresponding hand signal described in paragraph 3 of Part IX of Schedule 1.
6
Where it is appropriate to provide safety signs in accordance with paragraph (1) because at a place of work there is a risk to the health or safety of any employee in connection with the presence or movement of traffic (including pedestrians in relation to such traffic) and there is an appropriate sign in that connection prescribed under the Road Traffic Regulation Act 1984 , that sign shall be used whether or not that Act applies to that place of work.
Information, instruction and training
5
1
Every employer shall ensure that comprehensible and relevant information on the measures to be taken in connection with safety signs is provided to each of his employees.
2
Every employer shall ensure that each of his employees receives suitable and sufficient instruction and training in the meaning of safety signs and the measures to be taken in connection with safety signs.
Transitional provisions
6
These Regulations shall not have effect in relation to any fire safety signs lawfully in use immediately before the coming into force of these Regulations until 24 December 1998.
Enforcement
7
Notwithstanding regulation 3 of the Health and Safety (Enforcing Authority) Regulations 1989 , the enforcing authority in relation to fire safety signs provided in pursuance of regulation 4(4) as applied by regulation 4(3) (signs provided to comply with the provisions of any enactment) shall be —
a
the Health and Safety Executive, in the case of —
i
premises where the Fire Certificates (Special Premises) Regulations 1976 apply; or
ii
premises and activities to which these Regulations apply by virtue of paragraph (2)(b) of regulation 3;
b
in any other case, the authority or class of authorities responsible for enforcing the relevant provision of the enactment which applies to the case.
Revocations and amendments
8
1
The instruments referred to in column 1 of Part I of Schedule 3 shall be revoked to the extent specified in column 3 of that Part.
2
The instruments referred to in Part II of Schedule 3 shall be modified to the extent specified in that Part.
John Selwyn Gummer
Secretary of State for the Environment.
16th February 1996.
Michael Howard
Secretary of State for the Home
Department
18th February 1996.


text:
Citation and commencement
1
These Regulations may be cited as the Import of Seal Skins Regulations 1996 and shall come into force on 15th November 1996.
Prohibition of import of certain seal skins
2
1
Subject to paragraph (3) below, the commercial importation of any of the following is hereby prohibited–
a
raw, tanned or dressed furskins of relevant seals (including furskins of such seals assembled in plates, crosses or similar forms), and
b
articles made wholly or partly of furskins of relevant seals.
2
In paragraph (1) above “relevant seals” means–
a
whitecoat pups of the species Phoca (Pagophilus) groenlandica (harp seal), or
b
pups of the species Cystophora cristata (hooded seal).
3
This regulation does not apply to products resulting from traditional hunting by the Inuit people.
Forfeiture of items unlawfully imported
3
Where an item to which regulation 2 applies is being or has been imported, a person commissioned by the Commissioners of Customs and Excise or a person authorised by them may require any person possessing or having control of the item to furnish proof that its importation is or was not unlawful by virtue of that regulation; and if such proof is not furnished to the satisfaction of the said Commissioners the item shall be liable to forfeiture under the Customs and Excise Management Act 1979 .
Penalties
4
1
In section 50 of the Customs and Excise Management Act 1979 (Penalty for improper importation of goods)–
a
in subsection (4) for the words “5 or (5A)” there shall be substituted the words “(5), (5A) or (5B)”, and
b
after subsection (5A) there shall be inserted the following subsection–
5B
In the case of an offence under subsection (2) or (3) above in connection with the prohibition contained in regulation 2 of the Import of Seal Skins Regulations 1996, subsection (4) above shall have effect as if–
a
for paragraph (a) there were substituted the following–
a
on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months, or to both
; and
b
in paragraph (b) for the words “7 years” there were substituted the words “2 years”.
.
2
In section 170 of the Customs and Excise Management Act 1979 (Penalty for fraudulent evasion of duty, etc. )–
a
in subsection (3) for the words “4 or (4A)” there shall be substituted the words “(4), (4A) or (4B)”, and
b
after subsection (4A) there shall be inserted the following subsection–
4B
In the case of an offence under subsection (1) or (2) above in connection with the prohibition contained in regulation 2 of the Import of Seal Skins Regulations 1996, subsection (3) above shall have effect as if–
a
for paragraph (a) there were substituted the following–
a
on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months, or to both
; and
b
in paragraph (b) for the words “7 years” there were substituted the words “2 years”.
.
Signed by the authority of the Secretary of State
James Clappison
Parliamentary Under Secretary of State
Department of the Environment
19th October 1996


text:
1
The new highways which the Secretary of State proposes to construct —
a
along the route described in the Schedule to this Order (the highway along this route being in the Order referred to as “the main new trunk road”); and
b
along the routes described in the Schedule to this Order which connect the main new trunk road with other highways at the places stated in that Schedule (the highways along these routes being in this Order referred to as “the slip roads”),
shall become trunk roads from the date when this Order comes into force.
2
The centre line of each of the new trunk roads is indicated by a heavy black line on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of any of the new trunk roads that —
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the new trunk roads are opened for the purposes of through traffic.
4
In this Order —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the deposited plan” means the plan numbered HA10/NOD 372 marked “The A629 Trunk Road (Skipton to Kildwick Improvement and Slip Roads) Order 1996” signed by the authority of the Secretary of State and deposited at the Department of Transport, Romney House, Marsham Street, London SW1P 3PY;
ii
“the main new trunk road” means the new highway which the Secretary of State proposes to construct along the route described in Schedule 1 to this Order;
iii
“the new trunk roads” means the main new road and slip roads;
iv
“the slip roads” means the new highways which the Secretary of State proposes to construct along the routes described in Schedule 2 to this Order and which connect the main new road with other highways at the places stated in the Schedule; and
v
“the trunk road” means the North-West of Doncaster to Kendal Trunk Road (A629)
5
This Order shall come into force on 26th April 1996 and may be cited as the A629 Trunk Road (Skipton to Kildwick Improvement and Slip Roads) Order 1996.
Signed by authority of the Secretary of State
R. R. Bineham,
Director Highways Agency Northern Operations Division
1st April 1996


text:
Citation and commencement
1
This Order may be cited as the Deregulation (Rag Flock and Other Filling Materials Act 1951) (Repeal) Order 1996 and shall come into force 28 days after the day on which it is made.
Repeals
2
The Rag Flock and Other Filling Materials Act 1951 is hereby repealed.
3
1
The following enactments (which are spent in consequence of article 2 above) are hereby repealed, namely —
a
paragraph 11 of Schedule 17 to the London Government Act 1963 ,
b
paragraph 11 of Schedule 4 to the Consumer Credit Act 1974 ,
c
paragraph 9 of Schedule 7 to the Magistrates' Courts Act 1980 ,
d
paragraph 6 of Schedule 6 to the Local Government, Planning and Land Act 1980 ,
e
paragraph 4 of Schedule 9 to the Local Government (Wales) Act 1994 , and
f
paragraph 37 of Schedule 13 to the Local Government etc (Scotland) Act, 1994 .
2
In paragraph 10(b) of Schedule 15 to the National Health Service (Scotland) Act 1978 , (saving for certain amendments (including amendment to the Rag Flock and Other Filling Materials Act 1951) made by the National Health Service (Scotland) Act 1972 ), for “93” there is substituted “92”.
John M Taylor,
Parliamentary Under-Secretary of State for Corporate and Consumer Affairs,
Department of Trade and Industry
9th December 1996


text:
Citation, extent and commencement
1
These Regulations may be cited as the Moorland (Livestock Extensification) (Amend ment) Regulations 1996, shall extend to England and shall come into force on 7th October 1996.
Amendments to the Moorland (Livestock Extensification) Regulations 1995
2
1
The Moorland (Livestock Extensification) Regulations 1995 shall be amended in accordance with the following paragraphs of this regulation.
2
In paragraph (1) of regulation 2 (interpretation) —
a
in the definition of “compensatory allowance”, for the phrase beginning with “or” and ending with “1994” there shall be substituted the phrase “, the Hill Livestock (Compensatory Allowances) Regulations 1994 or the Hill Livestock (Compensatory Allowances) Regulations 1996 ”;
b
in the definition of “ewe” there shall be substituted for the phrase “the last preceding qualifying date” the phrase “1st January in the year in which the application was received”;
c
the following definition shall be inserted after the definition of “livestock unit” —
“lowland flock” means a number of breeding ewes which an eligible person maintained on that part of his holding which was not a participating production unit in the year prior to the submission of his application and which ewes were not comprised in a qualified flock during that year;
;
d
the following definition shall be inserted after the definition of “production unit” —
“qualified flock” has the same meaning as in regulation 2(1) of the Hill Livestock (Compensatory Allowances) Regulations 1996;
;
e
the definition of “qualifying date” shall be revoked; and
f
at the end of the definition of “Sheep Pilot Extensification Scheme” there shall be added “and established by Council Regulation ( EEC ) No. 797/85 on improving the efficiency of agricultural structures as amended by Council Regulation (EEC) No. 1094/88 and Council Regulation (EEC) No. 591/89 and as read with Commission Regulation (EEC) No. 4115/88 ”.
3
There shall be inserted after paragraph (4) of regulation 2 the following paragraph —
5
Unless the context otherwise requires, any reference in these Regulations to a Community instrument is a reference to that instrument as amended on the date of making of the Moorland (Livestock Extensification) (Amendment) Regulations 1996.
.
4
In regulation 3 (aid for moorland extensification) —
a
in sub-paragraph (a), there shall be inserted before “the” where that word appears second the words “a figure to be specified by the Minister, which figure shall not be greater than”;
b
in each of paragraphs (i) and (ii) of sub-paragraph (b), there shall be inserted after “unit” where that word appears first the words “(including, for the purposes of this paragraph, and in the case where land forming part of that unit but not being eligible moorland is given up during that season, land which replaces such land and which in the opinion of the Minister is capable of maintaining the same number of animals as the land given up as aforesaid)”;
c
in each of sub-paragraphs (c) and (e) there shall be inserted after “unit” the words “(including, for the purposes of this sub-paragraph, and in the case where land forming part of that unit but not being eligible moorland is given up during the extensification period, land which replaces such land and which in the opinion of the Minister is capable of maintaining the same number of animals as the land given up as aforesaid)”; and
d
in sub-paragraph (g), there shall be substituted for the phrase beginning with “the” where that word appears second and ending with “which” the phrase “the sum of the lowland flock and the reference flock, which reference flock shall be reduced by 10 or as the case may be by such greater figure specified in the undertaking as”.
5
In paragraph (2) of regulation 4 (application for aid) the word “right” where it appears second shall be revoked.
6
In paragraph (1)(c) of regulation 5 (restrictions on acceptance of applications) the word “for” shall be substituted for the word “from”.
7
In paragraph (1) of regulation 7 (change of occupation) the word “beneficiary's” shall be substituted for the word “beneificary's”.
8
In paragraph (2) of regulation 8 (amount of aid and claims) —
a
there shall be substituted “£30” for “£25”; and
b
there shall be substituted for the phrase beginning with “specified” and ending with “3(g)” the phrase “of ewes by which the size of the beneficiary’s flock has to be reduced in consequence of the undertaking given by him under regulation 3(h)”.
9
The following paragraphs shall be inserted after paragraph (2) of regulation 8 —
2A
In the case where bracken control is required to be undertaken in any given year of an extensification period under a management plan agreed in accordance with regulation 3(d) the beneficiary shall be further reimbursed in respect of each act of bracken control undertaken in any such year in accordance with that plan —
a
(where the bracken is controlled by chemical means) by a one-off payment of £50, plus a further one-off payment of —
i
£70 for each entire hectare of bracken controlled by those means, and
ii
(in respect of each part of a hectare of bracken so controlled) such portion of £70 as is proportionate to that part;
b
(where the bracken is controlled by mechanical means and the area of bracken so controlled is greater than 1 hectare) by a one-off payment of —
i
£30 for each entire hectare of bracken controlled by those means, and
ii
(in respect of each part of a hectare of bracken so controlled) such portion of £30 as is proportionate to that part; or
c
(where the bracken is controlled by mechanical means and the area of bracken so controlled is 1 hectare or less) by a one-off payment of £80, plus a further one-off payment of —
i
£30 where the area of bracken controlled by those means is precisely 1 hectare, and
ii
(where the area of bracken so controlled is less than 1 hectare) such portion of £30 as is proportionate to the area of bracken controlled by mechanical means, up to the maximum per hectare of the area of bracken so controlled specified in the second indent of Article 4(2) of Council Regulation 2078/92, converted into sterling at the agricultural conversion rate (as determined in accordance with Council Regulation 3813/92) applicable on the first day of the year of the extensification period in which the work concerned is undertaken .
2B
In the case where the provision of temporary fencing with a view to the protection of an area suitable for the regeneration of heather from grazing by sheep is required to be undertaken in any given year of an extensification period under a management plan agreed in accordance with regulation 3(d) the beneficiary shall be further reimbursed in respect of each entire metre of fencing provided in any such year in accordance with that plan by a one-off payment of £1.20, up to the maximum per hectare of the area protected as aforesaid specified in the second indent of Article 4(2) of Council Regulation 2078/92, converted into sterling at the agricultural conversion rate (as determined in accordance with Council Regulation 3813/92) applicable on the first day of the year of the extensification period in which the fencing is provided.
2C
In this regulation —
a
“Council Regulation 2078/92” means Council Regulation (EEC) No. 2078/92 on agricultural production methods compatible with the requirements of the protection of the environment and the maintenance of the countryside ;
b
“Council Regulation 3813/92” means Council Regulation (EEC) No. 3813/92 on the unit of account and the conversion rates to be applied for the purposes of the common agricultural policy .
.
10
Paragraph (3) of regulation 8 shall be revoked.
11
The following paragraph shall be inserted after paragraph (4) of regulation 8 —
5
Where an undertaking given under regulation 3(a) relates to common land no payment shall be made to a person under paragraph (2) if any reduction in the number of ewes kept on his holding in order to enable him to comply with that undertaking arises out of the actions of any person who —
a
has a right to use that land for the purpose of grazing ewes or relevant livestock by virtue of any right of common; and
b
is not a party to an equivalent undertaking given in relation to that land.
.
12
In regulation 9 (obligation to permit entry and inspection) —
a
the word “verifying” shall be revoked and that word inserted at the beginning of each of sub-paragraphs (a) and (b) of paragraph (1);
b
the word “and” at the end of paragraph (1)(a) shall be revoked;
c
the phrase “obligations; and” shall be substituted for the phrase “obligations.” in paragraph (1)(b);
d
the following sub-paragraph shall be inserted after paragraph (1)(b) —
c
monitoring the effectiveness of the arrangements for which these Regulations provide.
; and
e
the following paragraph shall be inserted after paragraph (2) —
3
In this regulation, “land” and “building” respectively do not include any land or as the case may be building used only as a dwelling.
.
Tim Boswell
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
13th September 1996


text:
Citation
1
These Regulations may be cited as the Chemical Weapons (Notification) (Amendment) Regulations 1996 and shall come into force on 31st October 1996.
Amendment
2
In regulation 1 of the Chemical Weapons (Notification) Regulations 1996 after “1996” there shall be inserted “and shall come into force on 1st November 1996”.
Anthony Nelson,
Minister for Trade,
Department of Trade and Industry
16th October 1996


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Functions of Health Authorities in London) Regulations 1996 and shall come into force on 1st April 1996.
2
In these Regulations —
“ the Act ” means the National Health Service Act 1977; and
“London” means the London Initiative Zone defined in the Schedule to these Regulations.
Additional function of Health Authorities in London
2
1
Subject to paragraphs (3) and (4) and to any other directions given by the Secretary of State in exercise of a power conferred by the Act, each Health Authority whose duty it is to arrange for the provision of general medical services in any part of London has the additional function set out in paragraph (2) below, which is prescribed for the purposes of section 15(1)(b) of the Act.
2
The additional function referred to in paragraph (1) is to make practice premises available, to the extent (if any) that a Health Authority considers appropriate, for medical practitioners with whom it has made arrangements for the provision of general medical services in its area (or such part of it as is in London); and for that purpose, on behalf of the Secretary of State, to acquire land (otherwise than in the exercise of powers of compulsory purchase) and to dispose of, control, maintain, equip, develop and manage it.
3
A Health Authority shall not acquire any land for the purposes of the function mentioned in paragraph (2) after 31st March 1999.
4
In performing the function set out in paragraph (2), a Health Authority shall have regard to all the circumstances which it considers relevant, including the availability of resources.
Revocation
3
The National Health Service (Functions of Family Health Services in London) Regulations 1994 are hereby revoked.
Signed by authority of the Secretary of State for Health.
Gerald Malone
Minister of State,
Department of Health
8th March 1996


text:
Citation, commencement, application, revocation and extent
1
1
These Regulations may be cited as the Harbour Works (Assessment of Environmental Effects) (Amendment) Regulations 1996, and shall come into force on 21st August 1996.
2
These Regulations do not apply to applications for harbour revision orders or harbour empowerment orders made prior to 21st August 1996.
3
The Harbour Works (Assessment of Environmental Effects) Regulations 1992 are hereby revoked.
4
These Regulations shall not extend to Northern Ireland.
Amendment of Harbours Act 1964
2
1
Part I of Schedule 3 to the Harbours Act 1964 shall be amended as follows.
2
The following paragraphs shall be inserted before paragraph 1:
A1
In this Part of this Schedule “the Directive” means Council Directive No. 85/337/ EEC on the assessment of the effects of certain public and private projects on the environment; and“project” has the meaning given by article 1 of the Directive.
A2
1
A person may not make an application for a harbour revision order which, directly or indirectly, authorises any project unless —
a
he has given the Secretary of State prior notice of his intention to make the application, and
b
the Secretary of State has responded under sub-paragraph (3) or, as the case may be, (4) below.
2
Sub-paragraph (3) below applies where it appears to the Secretary of State that a proposed application of which he is notified under sub-paragraph (1)(a) above relates to —
a
a project which falls within Annex I to the Directive, or
b
a project which falls within Annex II to the Directive the characteristics of which require that it should be made subject to an environmental assessment.
3
The Secretary of State shall direct the proposed applicant to supply him in such form as he may specify with the information referred to in Annex III to the Directive to the extent —
a
that it is relevant to any stage of the procedure set out in this Part and to the specific characteristics of the project to which the proposed application relates and of the environmental features likely to be affected by it; and
b
that (having regard in particular to current knowledge and methods of assessment) the proposed applicant may reasonably be required to gather that information, and including at least —
i
a description of the project comprising information on the site, design and size of the project;
ii
a description of the measures envisaged in order to avoid, reduce and, if possible, remedy significant adverse effects;
iii
the data required to identify and assess the main effects which the project is likely to have on the environment; and
iv
a non-technical summary of the information mentioned in paragraphs (i) to (iii) above.
4
Where sub-paragraph (3) above does not apply in relation to a proposed application of which the Secretary of State is notified under sub-paragraph (1)(a) above, he shall forthwith notify the proposed applicant accordingly.
.
3
Paragraph 1A shall be omitted.
4
In paragraph 3:
i
For the words from the beginning to “that is to say” there shall be substituted —
. —
1
Where an application for a harbour revision has been duly made to the Secretary of State, the following shall be conditions precedent to the taking by him of any steps (otherwise than under this paragraph) in the matter of the application, that is to say —
a
compliance with any directions given under paragraph A2(3) above in response to the notice of intention to make the application;
b
compliance with the requirement mentioned in paragraph (a) of sub-paragraph (2) below; and
c
compliance with such of the requirements mentioned in paragraphs (b) to (d) of that sub-paragraph as are applicable in the circumstances.
2
The requirements referred to above are as follows —
; and
ii
for “1A”, in each place, there shall be substituted “A2”.
5
In paragraph 3A:
i
for “It shall be the duty of the Secretary of State to” there shall be substituted “The Secretary of State shall”; and
ii
for “1A above and to” there shall be substituted “A2 above and shall”.
6
For paragraph 4(5) there shall be substituted —
5
After considering —
a
the objections (if any) made and not withdrawn;
b
any information supplied under paragraph A2(3)(b) above;
c
the result of any consultations under paragraph 3A above; and
d
the reports of any person who held an inquiry and any person appointed for the purpose of hearing an objector,
the Secretary of State may decide —
i
not to make the order applied for; or
ii
to make it in the form of the draft submitted to him or (subject to the restrictions imposed by sub-paragraph (6) below and by paragraph 6 below) in that form but subject to such modification as he thinks fit.
.
7
For paragraph 4ZA there shall be substituted:
4ZA
Where it appears to the Secretary of State that the application relates to:
a
a project which falls within Annex I to the Directive, or
b
a project which falls within Annex II to the Directive the characteristics of which require that it should be subject to an environmental assessment,
the Secretary of State shall publish in such manner as he thinks fit his decision whether or not to make an order and the reasons and considerations upon which his decision was based, including a statement that the matters referred to in paragraph 4(5) above have been taken into consideration.
.
Amendment of the Harbours Works (Assessment of Environmental Effects) (No. 2) Regulations 1989
3
1
The Harbours Works (Assessment of Environmental Effects) (No. 2) Regulations 1989 shall be amended as follows.
2
In regulation 4(1) the following sub-paragraph shall be inserted after sub-paragraph (c):
or
d
an application for approval required to be obtained in relation to any work (other than work specifically described or authorised as mentioned in regulation 3(b) and (c)) under any provision of:
i
a local Act;
ii
a harbour revision order made pursuant to section 14 of the Harbours Act 1964; or
iii
a harbour empowerment order made pursuant to section 16 of that Act,
not requiring consent under section 34 of the Coast Protection Act 1949;
.
3
In both 4(2) and 4(3) “the appropriate Minister decides that” shall be omitted.
4
In regulation 4(3) for “he” there shall be substituted “the appropriate Minister”.
5
In regulation 4(5):
i
for “If the appropriate Minister decides” there shall be substituted “Where it appears to the appropriate Minister”;
ii
for “of his decision forthwith” there shall be substituted “accordingly”.
6
In regulation 5(1) —
i
there shall be substituted for the words from the beginning to “characteristics” the following:
“Where it appears to the appropriate Minister that the proposed harbour works constitute a project falling within Annex I to the Directive, or a project falling within Annex II to the Directive the characteristics of which;” and
for “of his decision forthwith” there shall be substituted “accordingly”; and
“that he considers” shall be omitted.
7
In regulation 7 the following paragraph shall be added:
5
Subsections (2) to (5) of section 250 of the Local Government Act 1972 or subsections (2) to (8) of section 210 of the Local Government (Scotland) Act 1973 (which relate to the giving of evidence at, and defraying the cost of, local inquiries) shall apply to an inquiry held under paragraph (4) above as they apply in relation to a local inquiry under subsection (1) of that section; but, in its application by virtue of this subparagraph, subsection (4) of the Local Government Act 1972 shall have effect with the omission of the words “any any amount”onwards.
.
8
At the end of regulation 8(4)(b) there shall be added “including a statement that the information provided in accordance with regulation 8(2) above has been taken into consideration”.
Signed by authority of the Secretary of State
Goschen
Parliamentary Under-Secretary of State,
Department of Transport
13th May 1996
Tony Baldry
Minister of State, Ministry of Agriculture, Fisheries and Food
18th May 1996
Rod Richards
Secretary of State for Wales
22nd May 1996
James Douglas-Hamilton
Minister of State for Scotland
19th July 1996