text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Personal and Occupational Pension Schemes (Protected Rights) Regulations 1996 and shall come into force on 6th April 1997.
2
In these Regulations, unless the context otherwise requires —
“the 1993 Act ” means the Pension Schemes Act 1993;
“child benefit” has the same meaning as in the Social Security Contributions and Benefits Act 1992 ;
“member” means member of an occupational pension scheme or a personal pension scheme;
“money purchase contracted-out scheme” has the same meaning as in section 8(1)(a)(ii) of the 1993 Act;
“normal pension age” has the meaning given in section 180 of the 1993 Act;
“pensionable age” has the meaning given by the rules in paragraph 1 of Part I of Schedule 4 to the Pensions Act 1995;
“principal appointed day” means the day designated as the principal appointed day for the purposes of Part III of the Pensions Act 1995;
“scheme” means an occupational pension scheme or a personal pension scheme; and
“section 9(2B) rights” are rights (other than rights attributable to voluntary contributions within the meaning of section 111 of the 1993 Act) which are attributable to an earner’s service on or after the principal appointed day in employment which is contracted-out in accordance with section 9(2B) of the 1993 Act .
3
In these Regulations, except in so far as the context otherwise requires, any reference —
a
to a regulation is to the regulation in these Regulations bearing that number;
b
in a regulation to a numbered paragraph is to the paragraph of that regulation bearing that number; and
c
in a paragraph to a lettered sub-paragraph is to the sub-paragraph of that paragraph bearing that letter.
Manner of calculation and verification of protected rights
2
1
For the purposes of section 27(3) of the 1993 Act (identification and valuation of protected rights), the value of a member’s protected rights shall, subject to paragraph (2), be calculated and verified —
a
in such manner as may be approved in particular cases by the trustees or managers of the scheme; and
b
by adopting methods consistent with the requirements of sections 9(3) and (5), and 26 to 32 of the 1993 Act.
2
In a case where a member’s rights (as described in paragraph (1)) fall, either wholly or in part, to be valued in a manner which involves making estimates of the value of benefits, the value of those rights shall be calculated and verified —
a
in such manner as may be approved in particular cases by —
i
a Fellow of the Institute of Actuaries, or
ii
a Fellow of the Faculty of Actuaries, or
iii
a person with other actuarial qualifications who is approved by the Secretary of State, at the request of the trustees or managers of the scheme in question, as being a proper person to act for the purposes of these regulations in connection with that scheme,
and in this regulation “actuary” means any person such as is referred to in head (i), (ii) or (iii) of this sub-paragraph; and
b
by adopting methods and making assumptions which —
i
if not determined by the trustees or managers of the scheme in question, are notified to them by an actuary, and
ii
are certified by an actuary to the trustees or managers of the scheme as being consistent with the requirements of sections 9(3) and (5), 10 and 26 to 32 of the 1993 Act and as being consistent with the guidance note “Retirement Benefit Schemes — Transfer Values (GN11)” published by the Institute of Actuaries and the Faculty of Actuaries and current at the date of the calculation .
Options under section 10(2) and (3) of the 1993 Act for schemes to designate which rights are protected rights
3
For the purposes of section 10(2) and (3) of the 1993 Act (scheme rules may provide that a member’s protected rights are rights specified in section 10(2) and (3) of the 1993 Act and such other rights as may be prescribed), the prescribed rights are rights to money purchase benefits which derive from —
a
guaranteed minimum pensions under an occupational pension scheme, or guaranteed minimum pensions appropriately secured by virtue of section 19 of the 1993 Act, which have been the subject of a transfer payment to the trustees or managers of the scheme;
b
section 9(2B) rights under an occupational pension scheme, or section 9(2B) rights appropriately secured by virtue of section 19 of the 1993 Act, which have been the subject of a transfer payment to the trustees or managers of the scheme;
c
in the case of a personal pension scheme, a payment made to the trustees or managers of the scheme in accordance with section 7 of the Social Security Act 1986 and regulation 3(10) of the Personal and Occupational Pension Schemes (Incentive Payments) Regulations 1987 ;
d
in the case of a personal pension scheme, a payment under section 42A(3) of the 1993 Act made to the trustees or managers of the scheme in accordance with regulation 37(6) of the Occupational Pension Schemes (Contracting-out) Regulations 1996 ;
e
in the case of an occupational pension scheme, a payment of minimum contributions made to the trustees or managers of the scheme in accordance with regulation 14(3) of the Personal Pension Schemes (Appropriate Schemes) Regulations 1988 ; and
f
in the case of a personal pension scheme, a payment attributable to tax relief on the employee’s share of minimum contributions, being the difference between that share and the grossed-up equivalent of that share; the expressions “employee’s share” and “grossed-up equivalent” having the meanings given to them by section 649(2) of the Income and Corporation Taxes Act 1988 .
Conditions applying to pensions and annuities which give effect to protected rights
4
1
For the purposes of subsections (2)(a) (effect may be given to protected rights by the provision by the scheme of a pension which among other things satisfies such conditions as may be prescribed) and (3) (effect may be given in certain circumstances to protected rights by the purchase by the scheme of an annuity which among other things satisfies such conditions as may be prescribed) of section 28 of the 1993 Act, the prescribed conditions are that the pension or annuity gives effect to all the protected rights of the member, and that the terms on which the pension is provided, or the terms of the purchase of the annuity —
a
satisfy the requirements of paragraphs (2) to (5); and
b
make no provision other than such as —
i
is necessary to establish what the initial rate and the method of payment of the pension or annuity are to be, and that it shall continue to be paid at that rate (subject only to paragraphs (3) and (6) and to the requirements of sections 51 (annual increase in rate of occupational pension) and 162 (annual increase in rate of personal pension) of the Pensions Act 1995) throughout the lifetime of the member,
ii
is necessary to satisfy the requirements of paragraphs (2) to (5) and regulation 5, and
iii
is permitted by paragraphs (6) to (9).
2
The rate of the pension or annuity shall be determined —
a
without regard to the sex of the member; and
b
in the case of —
i
protected rights derived from guaranteed minimum pensions by virtue of regulation 3(a) or payments or contributions in respect of employment in a tax year commencing before the principal appointed day, without regard to the marital status of the member;
ii
a married member whose protected rights derived from section 9(2B) rights by virtue of regulation 3(b) or payments or contributions in respect of employment in a tax year commencing on or after the principal appointed day, on the basis that the member, in the event of his death, will leave a widow or widower; and
iii
an unmarried member whose protected rights derived from section 9(2B) rights by virtue of regulation 3(b) or payments or contributions in respect of employment in a tax year commencing on or after the principal appointed day, as if in the event of that member’s death he or she will leave a widow or widower, except where the member agreed to the rate being determined on his or her life only.
3
In the case of protected rights which are derived from guaranteed minimum pensions by virtue of regulation 3(a) or payments or contributions in respect of employment in any tax year before the coming into force of section 51 or, as the case may be, section 162 of the Pensions Act 1995, the rate of the pension or annuity shall
a
on a date (“the first date”) not later than the first anniversary of the date on which it becomes payable, and
b
on each anniversary of the first date,
be increased by the same percentage as that by which parts of guaranteed minimum pensions are increased by the order (if any) made by the Secretary of State under section 109 of the 1993 Act and coming into force on the first day of the tax year in which the date of the increase falls.
4
Except with the written consent of the person to whom the pension or annuity is payable, the pension or annuity, if paid in arrears, shall be paid no less frequently than by monthly instalments.
5
The pension or annuity shall be paid no less frequently than by annual instalments.
6
In the case of protected rights which are derived from guaranteed minimum pensions by virtue of regulation 3(a) or payments or contributions in respect of employment in any tax year before the coming into force of section 51, or as the case may be, section 162 of the Pensions Act 1995, the pension or annuity may be increased, not more frequently than on the first date mentioned in paragraph (3) and on each of its anniversaries, but by larger percentages than paragraph (3) requires, so however that no increase is by more than 3 per cent.
7
When the member has died, the pension or annuity may continue to be paid, at a rate which satisfies the requirements of paragraph (8), to or for the benefit of other persons if the requirements of paragraph (9) are satisfied.
8
The requirements first referred to in paragraph (7) are that the rate shall not exceed —
a
at any given time during the period which is within 5 years of the date on which the pension or annuity commenced, the rate at which it would have been payable if the member had been living at that time; and
b
at any given time during any other period, one-half of the rate at which it would have been payable if the member had been living at that time.
9
The requirements secondly referred to in paragraph (7) are that the pension or annuity shall be paid only —
a
to the member’s widow or widower, in a case where immediately after the member’s death the pension or annuity is required by virtue of regulation 5 to be paid to him or her;
b
to any one person, in a case to which sub-paragraph (a) does not apply;
c
for the benefit of any child or children, if —
i
sub-paragraph (a) does not apply,
ii
the pension or annuity has not been paid in accordance with sub-paragraph (b), and
iii
immediately before the member’s death the member was entitled to child benefit in respect of that child or those children, or would have been so entitled if that child or one, some or all of those children had not been absent from Great Britain;
but only for so long as that child or at least one of those children is under the age of 18; and
d
to any one person, during any period —
i
which is within 5 years of the date on which the pension or annuity commenced, and
ii
which immediately follows the death of a person who died while the pension or annuity was being paid to him in accordance with sub-paragraph (a) or (b) or in accordance with this sub-paragraph, or which begins on the date on which the child or the last of the children in respect of whom the pension or annuity has been paid in accordance with sub-paragraph (c) attained the age of 18 or died under that age.
Circumstances in which and periods for which pension or annuity is to be paid to widow or widower after being paid to member
5
1
For the purposes of section 29(1)(b)(i) of the 1993 Act (pension or annuity to be paid to member’s widow or widower in prescribed circumstances and for the prescribed period) the prescribed circumstances are, subject to paragraph (4), that —
a
the widow or widower is entitled to child benefit in respect of a child under 18 who is, or is residing with a child under 16 who is —
i
a son or daughter of the widow or widower and the member, or
ii
a child in respect of whom the member immediately before his or her death, was, or would have been if the child had not been absent from Great Britain, entitled to child benefit, or
iii
if the widow or widower and the member were residing together immediately before the member’s death, a child in respect of whom the widow or widower then was, or would have been if the child had not been absent from Great Britain, entitled to child benefit;
or
b
the widow or widower had attained the age of 45 either —
i
when the member died, or
ii
during a period when the circumstances mentioned in sub-paragraph (a) existed.
2
For the purposes of section 29(1)(b)(i) of the 1993 Act the prescribed period is —
a
in a case to which the circumstances described in sub-paragraph (a) but not sub-paragraph (b) of paragraph (1) exist, the period (subject to paragraph (3)) during which the circumstances described in sub-paragraph (a) of paragraph (1) continue to exist; and
b
in a case to which the circumstances described in sub-paragraph (b) of paragraph (1) exist, the remainder of the widow’s or widower’s life (subject to paragraph (3)).
3
There is excluded from the periods prescribed under paragraph (2) any period after the widow’s or widower’s remarriage under pensionable age.
4
The prescribed circumstances referred to in paragraph (1) in which a pension or annuity is to be paid to the member’s widow or widower do not include circumstances where the rate of the pension or annuity paid to the member has, in accordance with regulation 4(2)(b)(iii), been determined by reference to his or her life only.
Interim arrangements
6
For the purposes of section 28(1A) of the 1993 Act (in the case of a personal pension scheme effect may be given to protected rights by the making of payments under an interim arrangement which among other things satisfy such conditions as may be prescribed) the prescribed conditions are that —
a
payments are to be made to the member throughout the interim period at monthly intervals unless, subject to section 28A(1) of the 1993 Act (payments to be made at intervals not exceeding twelve months), the member elects for those payments to be made less frequently than by monthly payments; and
b
the interim arrangement provides for the member to be able to elect to terminate the interim arrangement at any time during the interim period; and
c
the interim arrangement provides for, in the event of the death of an unmarried member or, where section 28A(2) of the 1993 Act would apply, the death of the widow or widower, the balance of the value of the protected rights to be paid to any person in accordance with directions given by that member, widow or widower in writing, or where no such directions are given, to his or her estate.
Payments made under interim arrangements
7
1
For the purposes of section 28A(3)(b) of the 1993 Act (aggregate amount of payments made to a person under an interim arrangement in each successive period of twelve months must not be less than the prescribed percentage of the annual amount of the annuity which would have been purchasable by him on the relevant reference date) the prescribed percentage is 35 per cent.
2
For the purposes of section 28A(5)(a) of the 1993 Act (the annual amount of the annuity which would have been purchasable by a person on any date shall be calculated in the prescribed manner) the prescribed manner is —
a
in the case of payments to be made to a member in respect of protected rights which derive from minimum contributions and other amounts payable to the scheme in respect of any tax year up to and including the tax year 1996-1997, by reference to the current published table prepared by the Government Actuary in accordance with paragraph (3)(a);
b
in the case of payments to be made to a widow or widower of a member in respect of protected rights which derive from minimum contributions and other amounts payable to the scheme in respect of any tax year up to and including the tax year 1996-1997, by reference to the current published table prepared by the Government Actuary in accordance with paragraph (3)(b);
c
in the case of payments to be made —
i
to a married member; or
ii
on the first day of a succeeding period of 3 years beginning with the starting date to a member who marries during the interim period,
in respect of protected rights which derive from minimum contributions and other amounts payable to the scheme in respect of any tax year after the tax year 1996-1997, by reference to the current published table prepared by the Government Actuary in accordance with paragraph (3)(c);
d
in the case of payments to be made —
i
to an unmarried member; or
ii
to a widow or widower of a member; or
iii
on the first day of a succeeding period of 3 years beginning with the starting date to a member who becomes a widow or widower and remains so during the interim period; or
iv
on the first day of a succeeding period of 3 years beginning with the starting date to a member whose marriage is dissolved and remains unmarried during the interim period,
in respect of protected rights which derive from minimum contributions and other amounts payable to the scheme in respect of a tax year after the tax year 1996-1997 by reference to the current published table prepared by the Government Actuary in accordance with paragraph (3)(d).
3
For the purposes of section 28A(5)(a)(ii) of the 1993 Act (the current published tables of rates of annuities prepared in the prescribed manner by the Government Actuary) the prescribed manner is, in the case referred to in —
a
paragraph (2)(a), on the basis —
i
that no distinction shall be made by reference to the sex or marital status of the member;
ii
that in respect of a member who has died, the rate of the annuity is one-half of the rate at which it would have been payable if the member had been living;
iii
that the rate of annuity would be increased on each of its anniversaries in accordance with the requirements in regulation 4(3);
iv
of a deduction of an amount which the Government Actuary considers reasonable from the purchase price of the annuity to allow for the initial expenses of the insurance company; and
v
that the frequency of payment is monthly in arrears;
b
paragraph (2)(b), on the basis —
i
that no distinction shall be made by reference to the sex of the widow or widower;
ii
that the widow or widower is the last survivor with any rights to an annuity;
iii
of the matters referred to in sub-paragraph (a)(iii) to (v);
c
paragraph (2)(c), on the basis —
i
that no distinction shall be made by reference to the sex of that member;
ii
that the rate of annuity would be increased on each of its anniversaries in accordance with the requirements of section 162(2) of the Pensions Act 1995; and
iii
of the matters referred to in sub-paragraph (a)(ii), (iv) and (v);
d
paragraph (2)(d), on the basis —
i
that no distinction shall be made by reference to the sex of the member or the widow or widower;
ii
that, in the case of a widow or widower, he or she is the last survivor, or in the case of an unmarried member there is no other person, with any rights to an annuity; and
iii
of the matters referred to in sub-paragraph (a)(iv) and (v) and (c)(ii).
Giving effect to protected rights by the provision of a lump sum
8
1
For the purposes of section 28(4)(b) of the 1993 Act (effect may be given to protected rights by the provision of a lump sum where the annual rate of the pension or annuity would not exceed the prescribed amount) the prescribed amount is £260.
2
For the purposes of section 28(4)(c) of the 1993 Act (effect may be given to protected rights by the provision of a lump sum in prescribed circumstances) the prescribed circumstances are that —
a
effect is given to all the member’s protected rights by the provision of a lump sum; and
b
either —
i
the member has no rights under the scheme other than his protected rights; or
ii
effect is given to all those of his rights under the scheme which are not protected rights by the provision of a lump sum.
Suspension and forfeiture of payments giving effect to protected rights
9
1
For the purposes of section 32 of the 1993 Act, the circumstances in which the rules of a scheme may provide for payments giving effect to a member’s protected rights to be suspended are —
a
that the person who is entitled to payments giving effect to those rights is, in the opinion of the trustees or managers of the scheme, unable to act by reason of mental disorder or otherwise, so however that there is provision in the scheme for equivalent sums to be paid or applied, while that person is so unable, for the maintenance of that person or, at the discretion of the trustees or managers, of that person together with his dependants or of his dependants only, and, to the extent that they are not so applied, to be held for that person until he is again able to act or, as the case may be, for his estate;
b
that that person is undergoing a period of imprisonment or detention in legal custody, so however that there is provision in the scheme for equivalent sums to be paid or applied during such a period for the maintenance of such one or more of that person’s dependants as the trustees or managers of the scheme may in their discretion determine.
2
For the purposes of section 32 of the 1993 Act, the circumstances in which the rules of a scheme may provide for a payment giving effect to a member’s protected rights to be forfeited are —
a
that the trustees or managers of the scheme do not know the address of the person to whom the payment should be made; and
b
that a period of at least 6 years has elapsed from the date on which that payment became due.
Choice of insurance company by annuitant
10
For the purposes of section 29(4) of the 1993 Act (scheme member to be taken to have chosen an insurance company to provide his annuity only if he gives notice in the prescribed manner and within the prescribed period) the prescribed manner is in writing, and the prescribed period is —
a
where the trustees or managers of the scheme know of no reason to suppose that the pension or annuity will not commence on the date on which the member will attain —
i
in the case of a money purchase contracted-out scheme the normal pension age if that age is not less than 60 years, or
ii
in the case of a personal pension, the agreed age at which he is entitled to receive benefits under the scheme if that age is not less than 60 years,
a period of 5 months (or such longer period as the rules of the scheme may allow) beginning on the date which is 6 months earlier than that on which he will attain that age; and
b
in any other case —
i
if the date of the agreement in respect of when the pension or annuity is to commence (“the date of agreement”) is more than one month before the agreed date for commencement of payment (“the agreed date”), a period beginning on the date of agreement and ending one month before the agreed date, and
ii
if the date of agreement is not more than one month before the agreed date, a period consisting only of the date of agreement,
or such longer period as the rules of the scheme may allow.
Insurance companies that may provide protected rights by way of annuities
11
For the purposes of section 29(3) of the 1993 Act (annuity complies with the annuity requirements if it is provided by an insurance company which satisfies prescribed conditions) the prescribed conditions are that the insurance company —
a
i
is authorised under section 3 or 4 of the Insurance Companies Act 1982 to carry on ordinary long-term insurance business as defined in that Act; or
ii
is an EC company as defined in section 2(6) of the Insurance Companies Act 1982 which carries on ordinary long-term insurance business in the United Kingdom through a branch in respect of which such of the requirements of Part I of Schedule 2F to that Act as are applicable have been complied with; or
iii
is an EC company as defined in section 2(6) of the Insurance Companies Act 1982 which provides ordinary long-term insurance in the United Kingdom and has complied with such of the requirements of Part I of Schedule 2F to that Act as are applicable in respect of the insurance; or
iv
is a friendly society which is authorised under section 32 of the Friendly Societies Act 1992 to carry on long-term business under any of the Classes specified in Head A of Schedule 2 to that Act;
and
b
offers annuities, with a view to purchase of those annuities by schemes in order to give effect to the protected rights of their members, without having regard to the sex or, except to the extent allowed under regulation 4(2)(b), to the marital status of the members either in making the offers or in determining the rates at which the annuities are paid; and
c
where annuities are issued by a friendly society as described in sub-paragraph (a)(iv), provides that the terms of the annuities are not capable of being amended, revoked or rescinded.
Death of member before effect given to his protected rights
12
1
In this regulation “qualifying widow or widower” means a widow or widower of the member who immediately after the member’s death either —
a
is aged 45 or over; or
b
is entitled to child benefit in respect of a child under 18 who is, or is residing with a child under 16 who is —
i
a son or daughter of the widow or widower and the member, or
ii
a child in respect of whom the member, immediately before his death, was, or would have been if the child had not been absent from Great Britain, entitled to child benefit, or
iii
if the widow or widower and the member were residing together immediately before the member’s death, a child in respect of whom the widow or widower then was, or would have been if the child had not been absent from Great Britain, entitled to child benefit.
2
Subject to regulation 13, for the purposes of section 28(5) of the 1993 Act (if member has died without effect being given to protected rights effect may be given in prescribed manner), in a case where —
a
the member is not survived by a qualifying widow or widower; or
b
the trustees or managers of the scheme, having taken reasonable steps to ascertain whether the member was survived by a qualifying widow or widower, conclude in good faith that he or she was not; or
c
the member is survived by a qualifying widow or widower who dies before the value of the member’s protected rights are paid to or for the benefit of her or him by virtue of paragraphs (3) to (8),
the prescribed manner is by the payment, as soon as practicable, of the value of the member’s protected rights to or for the benefit of any person or persons in accordance with directions given by the member in writing, or to the member’s estate.
3
Subject to regulation 13, for the purposes of section 28(5) of the 1993 Act, in a case where the member is survived by a qualifying widow or widower, and the circumstances mentioned in paragraph (2)(b) do not exist, the prescribed manner is —
a
by the provision, as soon as practicable, of a pension such as is described in paragraph (4); or
b
by the purchase by the scheme, as soon as practicable, of an annuity such as is described in paragraph (4), which is provided by an insurance company such as is described in paragraph (12); or
c
by the provision, as soon as practicable, of a lump sum such as is described in paragraph (14).
4
The pension or annuity referred to in paragraph (3) is one that gives effect to all the protected rights of the member, and the terms on which the pension is provided, or the terms of the purchase of the annuity —
a
satisfy the requirements of paragraphs (5) to (7); and
b
make no provision about the payment of the pension or annuity, or about the rate at which, or the categories of persons to whom, it is to be paid, other than such as —
i
is necessary to establish what the initial rate and method of payment of the pension or annuity are to be, and that it shall continue to be paid to the widow or widower at that rate (subject only to paragraphs (6) and (8) and the requirements of section 51 or, as the case may be, section 162 of the Pensions Act 1995) throughout the period described in paragraph (5),
ii
is necessary to satisfy the requirements of paragraphs (5) to (7), and
iii
is permitted by paragraphs (8) to (11).
5
The pension or annuity shall be paid to the qualifying widow or widower during the period which begins on a date which is as soon as practicable after the member’s death and ends when the widow or widower either —
a
dies; or
b
remarries while under pensionable age; or
c
ceases while under the age of 45 to be as described in paragraph (1)(b).
6
In the case of protected rights which are derived from guaranteed minimum pensions by virtue of regulation 3(a) or payments or contributions in respect of employment in any tax year before the coming into force of section 51 of the Pensions Act 1995 or, as the case may be, section 162 of the Pensions Act 1995, the rate of the pension or annuity shall be increased as described in regulation 4(3).
7
The pension or annuity shall be paid as described in regulation 4(4) and (5).
8
In the case referred to in paragraph (6), the pension or annuity may be increased, not more frequently than on the first date mentioned in regulation 4(3) and on each of its anniversaries, but by larger percentages than paragraph (6) requires, so however that no increase is by more than 3 per cent.
9
When the qualifying widow or widower has —
a
died; or
b
remarried while under pensionable age; or
c
ceased while under the age of 45 to be as described in paragraph (1)(b),
the pension or annuity may be paid, at a rate which satisfies the requirements of paragraph (10), to or for the benefit of the persons specified in paragraph (11) if the requirements of that paragraph are satisfied.
10
The requirements first referred to in paragraph (9) are that the rate shall not exceed the rate at which the pension or annuity would have been payable if it had still been payable under paragraph (5).
11
The requirements secondly referred to in paragraph (9) are that the pension or annuity shall be paid only —
a
to the person who was the qualifying widow or widower;
b
for the benefit of any child or children, if a person has died while the pension or annuity was being paid to him in accordance with paragraph (5) or sub-paragraph (a) and immediately before his death he was entitled to child benefit in respect of that child or those children, or would have been so entitled if that child or one, some or all of those children had not been absent from Great Britain, but only for so long as that child or at least one of those children is under the age of 18; and
c
to any one person during any period —
i
which is within 5 years of the date on which the pension or annuity commenced, and
ii
which immediately follows the death of a person who died while the pension or annuity was being paid to him in accordance with paragraph (5) or sub-paragraph (a) or this sub-paragraph, or which begins on the date on which the child or the last of the children in respect of whom the pension or annuity has been paid in accordance with sub-paragraph (b) attained the age of 18 or died under that age.
12
The insurance company referred to in paragraph (3) is one which satisfies the conditions described in regulation 11(a) and (c), and which has, subject to paragraph (13), been chosen by the widow or widower.
13
A widow or widower is only to be taken to have chosen an insurance company if she or he gives notice in writing of her or his choice to the trustees or managers of the scheme during a period which begins on the date of the member’s death and ends on the date which is 3 months after the date on which the trustees or managers notify her or him of her or his right to choose; and if she or he does not do so, the trustees or managers may themselves choose the insurance company instead.
14
The lump sum referred to in paragraph (3) is one which is paid to the qualifying widow or widower in the following circumstances, namely where —
a
the annual rate of the pension or annuity which would have been provided or purchased for her or him if the lump sum had not been provided does not exceed £260;
b
effect is given to all the member’s protected rights by the provision of a lump sum; and
c
either —
i
the member, when he died, had no rights under the scheme other than his protected rights, or
ii
effect is given to all those of his rights under the scheme which are not protected rights by the provision of a lump sum.
Death before effect given to protected rights: interim arrangements for widow or widower
13
1
Where the member has died without effect being given to his protected rights and that member is survived by —
a
a qualifying widow or widower; or
b
a non-qualifying widow or widower who, in accordance with the member’s written directions is nominated to receive the value of that member’s protected rights,
effect shall be given to those rights if that widow or widower so elects by the making of payments, as soon as practicable, under an interim arrangement such as is described in paragraph (2).
2
The interim arrangement referred to in paragraph (1) is one which —
a
complies with —
i
the requirements of section 28A(3) and (5) of the 1993 Act and regulations made under those subsections; and
ii
the conditions referred to in regulation 6 as if the widow or widower were the member;
b
at the end of the interim period, enables effect to be given to the deceased’s protected rights in such ways as are permitted by the provisions of section 28 of the 1993 Act as the rules of the scheme may specify.
3
In this regulation “qualifying widow or widower” shall have the same meaning as in regulation 12.
Enforceable entitlement after death of member
14
Without prejudice to any other requirements, a personal pension scheme can be an appropriate scheme and an occupational pension scheme can be a money purchase contracted-out scheme only if the provision it makes for giving effect to the protected rights of a member who has died is such that any widow, widower or other person who is entitled to any payment giving effect to those rights is able to enforce that entitlement.
Further requirements in respect of giving effect to protected rights
15
Without prejudice to other requirements, a scheme which offers pensions with a view to giving effect, under section 28(2)(a) of the 1993 Act, to protected rights by means of those pensions, can be (in the case of a personal pension scheme) an appropriate scheme or (in the case of an occupational pension scheme) a money purchase contracted-out scheme only if it offers those pensions without having regard to the sex or, except to the extent allowed under regulation 4(2)(b), to the marital status of the persons to whom it offers them, both in making those offers and in determining the rates at which those pensions are paid.
Personal pension schemes — notifications to the Secretary of State
16
1
Within 5 weeks after effect has been given to the protected rights of a member of a personal pension scheme, the trustees or managers of that scheme shall notify the Secretary of State in writing that effect has been given to those rights, giving such particulars as the Secretary of State may require to enable him —
a
to identify the means by which effect has been given to them;
b
where effect has been given to them by means of a pension, annuity or by the making of payments under an interim arrangement or lump sum, to identify the recipient of it;
c
where effect has been given to them by means of an annuity, to identify the insurance company responsible for paying the annuity;
d
where effect has been given to them by means of a transfer payment, to identify the personal or occupational pension scheme to which the transfer payment was made; and
e
where effect has been given to them by means of a payment under an interim arrangement, to identify the appropriate personal pension scheme in respect of the interim arrangement and the starting date.
2
The trustees or managers of a personal pension scheme which is or has been an appropriate scheme shall, if required to do so by the Secretary of State, in such manner and at such times as he may require, furnish to him such information relating to members of the scheme as he may require in order to know for what, if any, protected rights the scheme is responsible, and from what minimum contributions, minimum payments or transfer payments they derive.
Tax-exemption and tax-approval
17
For the purposes of section 33 of the 1993 Act (nothing in sections 26 to 32 of the 1993 Act to be taken to prejudice any requirements with which a scheme must comply if it is to qualify for tax-exemption or tax-approval) tax-exemption and tax-approval mean respectively exemption from tax and approval of the Inland Revenue under Chapter I or Chapter IV of Part XIV of the Income and Corporation Taxes Act 1988.
Revocations
18
The Regulations set out in column (1) of the Schedule are revoked to the extent mentioned in column (3) of that Schedule.
Signed by authority of the Secretary of State for Social Security.
Oliver Heald
Parliamentary Under-Secretary of State,
Department of Social Security
12th June 1996


type: legislation

jurisdiction: UK

text:
Title and commencement
1
This Order may be cited as the Deregulation (Wireless Telegraphy) Order 1996 and shall come into force one month after the day on which it is made.
Interpretation
2
In this Order —
a
“the 1949 Act ” means the Wireless Telegraphy Act 1949, and
b
“the 1967 Act ” means the Wireless Telegraphy Act 1967.
Licensing of Television Dealers
3
After section 1(1) of the 1949 Act (licensing of wireless telegraphy) there shall be inserted the following subsection —
1A
Subsection (1) of this section shall not apply to the installation or use of any television receiver by a person who is a dealer in such receivers where the installation or use is solely for the purpose of doing any one or more of the following in the course of his business as such a dealer, namely, demonstrating, testing or repairing such receivers.
Registration of Television Dealers
4
1
Section 1 of the 1967 Act (registration of television dealers) is hereby repealed.
2
In section 2 of that Act (notification and recording of transactions), in subsection (1), for the words from the beginning to “that notice” there shall be substituted “Subject to subsections (1A) and (2) of this section, every television dealer who, after the end of twenty-eight days from the date on which he became such a dealer”.
3
In that section, after subsection (1) there shall be inserted —
1A
Subsection (1) of this section shall not apply to a television dealer in whose case the following conditions are satisfied, that is to say —
a
that he is such a dealer by reason only that he sells or lets, or holds himself out as willing to sell or let, television sets in pursuance of arrangements made by another television dealer; and
b
that all payments of or towards the price or by way of rent in respect of any television set sold or let by him are received or collected on his behalf by the dealer who arranged for the sale or letting to be made.
1B
A television dealer in whose case the conditions specified in subsection (1A) of this section cease to be satisfied shall be treated for the purposes of subsection (1) of this section as having become a television dealer when those conditions ceased to be satisfied in his case
.
4
In that section, in subsection (2), for “the foregoing subsection” there shall be substituted “subsection (1) of this section”.
5
In section 4 of that Act (service of notices etc ), the following words are hereby repealed, namely —
a
in subsection (1), the words from “and” to the end, and
b
in subsection (2), the words “notice or” and “1 or”.
6
In the Broadcasting Act 1990 , in Part II of Schedule 18, paragraphs 1(a) and 2 (which are spent in consequence of paragraph (1) above) are hereby repealed.
Virginia Bottomley
Secretary of State for National Heritage
16th July 1996


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Personal and Occupational Pension Schemes (Miscellaneous Amendments) Regulations 1996 and shall come into force on 6th April 1996.
2
In these Regulations —
“the Appropriate Schemes Regulations ” means the Personal Pension Schemes (Appropriate Schemes) Regulations 1988 ;
“the Abatement Regulations ” means the Personal and Occupational Pension Schemes (Abatement of Benefit) Regulations 1987 ;
“the Disclosure Regulations ” means the Personal Pension Schemes (Disclosure of Information) Regulations 1987 ;
“the Protected Rights Regulations ” means the Personal and Occupational Pension Schemes (Protected Rights) Regulations 1987 ; and
“the Contracting-out Regulations ” means the Occupational Pension Schemes (Contracting-out) Regulations 1984 .
Amendment of the Contracting-out Regulations
2
In regulation 43 of the Contracting-out Regulations (notifications to the Secretary of State) after sub-paragraph (d) in paragraph (4A) there shall be added —
e
where effect has been given by means of an appropriate policy of insurance under section 32A(1)(a) or (b) (discharge of protected rights on winding up: insurance policies), to identify the member in respect of whom, and the insurance company with which, that policy was taken out or entered into. .
.
Amendment of the Protected Rights Regulations
3
1
The Protected Rights Regulations shall be amended in accordance with the following provisions of this regulation.
2
After regulation 5 there shall be inserted —
Conditions applying to payments under an interim arrangement
5A
For the purposes of section 28(1A) of the Act (in the case of a personal pension scheme effect may be given to protected rights by the making of payments under an interim arrangement which among other things satisfy such conditions as may be prescribed) the prescribed conditions are that —
a
payments are to be made to the member throughout the interim period at monthly intervals unless, subject to section 28A(1) of the Act (payments to be made at intervals not exceeding twelve months), the member elects for those payments to be made less frequently than by monthly payments; and
b
the interim arrangement provides for the member to be able to elect to terminate the interim arrangement at any time during the interim period; and
c
the interim arrangement provides for, in the event of the death of an unmarried member or, where section 28A(2) of the Act would apply, the death of the widow or widower, the balance of the value of the protected rights to be paid to any person in accordance with directions given by that member, widow or widower in writing, or where no such directions are given, to his or her estate.
Requirements for interim arrangements
5B
1
For the purposes of section 28A(3)(b) of the Act (aggregate amount of payments made to a person under an interim arrangement in each successive period of twelve months must not be less than the prescribed percentage of the annual amount of the annuity which would have been purchasable by him on the relevant reference date) the prescribed percentage is 35 per cent.
2
For the purposes of section 28A(5)(a) of the Act (the annual amount of the annuity which would have been purchasable by a person on any date shall be calculated in the prescribed manner) the prescribed manner is —
a
in the case of payments to be made to a member in respect of protected rights which derive from minimum contributions and other amounts payable to the scheme in respect of any tax year up to and including the tax year 1996-1997, by reference to the current published table prepared by the Government Actuary in accordance with paragraph (3)(a);
b
in the case of payments to be made to a widow or widower of a member in respect of protected rights which derive from minimum contributions and other amounts payable to the scheme in respect of any tax year up to and including the tax year 1996-1997, by reference to the current published table prepared by the Government Actuary in accordance with paragraph (3)(b);
c
in the case of payments to be made —
i
to a married member; or
ii
on the first day of a succeeding period of 3 years beginning with the starting date to a member who marries during the interim period,
in respect of protected rights which derive from minimum contributions and other amounts payable to the scheme in respect of a tax year after the tax year 1996-1997, by reference to the current published table prepared by the Government Actuary in accordance with paragraph (3)(c);
d
in the case of payments to be made —
i
to an unmarried member; or
ii
to a widow or a widower of a member; or
iii
on the first day of a succeeding period of 3 years beginning with the starting date to a member who becomes a widow or widower and remains so during the interim period; or
iv
on the first day of a succeeding period of 3 years beginning with the starting date to a member whose marriage is dissolved and remains unmarried during the interim period,
in respect of protected rights which derive from minimum contributions and other amounts payable to the scheme in respect of a tax year after the tax year 1996-1997, by reference to the current published table prepared by the Government Actuary in accordance with paragraph (3)(d).
3
For the purposes of section 28A(5)(a)(ii) of the Act (the current published tables of rates of annuities prepared in the prescribed manner by the Government Actuary) the prescribed manner is, in the case referred to in —
a
paragraph (2)(a), on the basis —
i
that no distinction shall be made by reference to the sex or marital status of the member;
ii
that in respect of a member who has died, the rate of the annuity is one-half of the rate at which it would have been payable if the member had been living;
iii
that the rate of annuity will be increased on each of its anniversaries, by the percentage increase in the retail price index in the preceding twelve month period or by the percentage for that period which corresponds to 3 per cent., whichever is the lesser;
iv
of a deduction of 2 per cent. of the purchase price of the annuity to allow for the initial expenses of the insurance company; and
v
that the frequency of payment is monthly in arrears;
b
paragraph (2)(b), on the basis —
i
that no distinction shall be made by reference to the sex of the widow or widower;
ii
that the widow or widower is the last survivor with any rights to an annuity;
iii
of the matters referred to in paragraph (a)(iii) to (v);
c
paragraph (2)(c), on the basis —
i
that no distinction shall be made by reference to the sex of the member;
ii
that the rate of annuity will be increased on each of its anniversaries, by the percentage increase in the retail price index in the preceding twelve month period or by the percentage for that period which corresponds to 5 per cent., whichever is the lesser; and
iii
of the matters referred to in sub-paragraph (a)(ii), (iv) and (v);
d
paragraph (2)(d), on the basis —
i
that no distinction shall be made by reference to the sex of the member or the widow or widower;
ii
that, in the case of a widow or widower, he or she is the last survivor, or in the case of an unmarried member there is no other person, with any rights to an annuity; and
iii
of the matters referred to in sub-paragraph (a)(iv) and (v) and (c)(ii).
.
3
In regulation 6(1) and (2) (giving effect to protected rights by providing a lump sum) the words “as it applies to a money purchase contracted-out scheme” shall be omitted in each place they appear.
4
In regulation 8 (choice of insurance company by annuitant) for the words “pensionable age” there shall be substituted —
a
in paragraph (a), in the first place in which they appear, and in paragraph (b), the words —
, in the case of a money purchase contracted-out scheme, the normal pension age if that age is not less than 60 years or, in the case of a personal pension scheme, the agreed age at which he is entitled to receive benefits under the scheme or pensionable age, whichever is the earlier,
;
b
in paragraph (a), in the second place in which they appear, the words, “that age”.
5
In regulation 10(2) and (3) (death of scheme member before effect given to his protected rights) at the beginning there shall be inserted the words “Subject to regulation 10A”.
6
After regulation 10 there shall be inserted the following regulation —
Death of a scheme member before effect is given to protected rights: interim arrangements for widows or widowers
10A
1
Where the member has died without effect being given to his protected rights and that member is survived by —
a
a qualifying widow or widower; or
b
a non-qualifying widow or widower who, in accordance with the member’s written directions is nominated to receive the value of that member’s protected rights,
effect shall be given to those rights if that widow or widower so elects by the making of payments, as soon as practicable, under an interim arrangement such as is described in paragraph (2).
2
The interim arrangement referred to in paragraph (1) is one which —
a
complies with —
i
the requirements of section 28A(3) and (5) of the Act and regulations made under those subsections; and
ii
the conditions referred to in regulation 5A as if the widow or widower were the member;
b
at the end of the interim period, enables effect to be given to the deceased’s protected rights in such ways as are permitted by the provisions of section 28 of the Act as the rules of the scheme may specify.
3
In this regulation “qualifying widow or widower” shall have the same meaning as in regulation 10.
.
7
In regulation 13 (personal pension schemes — notifications to the Secretary of State) —
a
in paragraph (1) —
i
in sub-paragraph (b) after the word “annuity” there shall be inserted “, payment under an interim arrangement”;
ii
after sub-paragraph (d) there shall be added —
e
where effect has been given to them by means of a payment under an interim arrangement, to identify the appropriate personal pension scheme which has entered into the interim arrangement and the starting date.
.
Amendment of the Disclosure Regulations
4
1
The Disclosure Regulations shall be amended in accordance with the following provisions of this Regulation.
2
In regulation 1(2) (interpretation) for the meaning of “pensionable age” there shall be substituted —
“pensionable age” has the meaning given by the rules set out in paragraph 1 of Part I of Schedule 4 to the Pensions Act 1995.
.
3
In regulation 5(4)(a) (information to be made available to individuals) for the words “pensionable age” there shall be substituted —
the agreed age at which he is entitled to receive benefits under the scheme or pensionable age, whichever is the earlier,
.
4
In paragraph 7 of Schedule 1 after the word “annuities” there shall be inserted “discharged by the making of payments under an interim arrangement”.
Amendment of the Abatement Regulations
5
1
The Abatement Regulations shall be amended in accordance with the following provisions of this Regulation.
2
In regulation 3(1) (guaranteed minimum pension to which earner’s widow or widower is treated as entitled after minimum contributions have been paid) for the words “reaching pensionable age” in each place where they appear there shall be substituted the words “effect is given to his protected rights under section 28(1A), (2)(a), (3) or (4) of the Act ,”.
3
In regulation 5(1) (guaranteed minimum pension to which earner’s widow or widower is treated as entitled after minimum payments have been made) for the words “reaching pensionable age” in each place where they appear there shall be substituted the words “effect is given to protected rights (including rights treated as protected rights as a consequence of regulation 6(1)(c)(i) of the Occupational Pension Schemes (Discharge of Protected Rights on Winding Up) Regulations 1996) under section 28(2)(a), (3) or (4) of the Act or as a consequence of regulations made under section 145 of the Pensions Act 1995 (extension of interim arrangements to occupational pension schemes),”.
Amendment of the Appropriate Schemes Regulations
6
In regulation 12 of the Appropriate Schemes Regulations (notices to the Secretary of State by an earner and trustees or managers) —
a
for paragraph (2) there shall be substituted the following paragraph —
2
Subject to paragraph (3), the date specified in a notice under section 44(1) of the Act as the date from which the scheme is to be the earner’s chosen scheme shall, subject to paragraph (2A), be 6th April in that or the next tax year.
;
b
for paragraph (2A) there shall be substituted the following paragraph —
2A
Where notice is given by 17th May in a tax year it may specify 6th April in the preceding tax year.
.
Signed by authority of the Secretary of State for Social Security.
Oliver Heald
Parliamentary Under-Secretary of State,
Department of Social Security
13th March 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Salford Royal Hospitals National Health Service Trust (Transfer of Trust Property) Order 1996 and shall come into force on 29th August 1996.
2
In this Order —
“the Authority” means the Salford and Trafford Health Authority established on 1st April 1996 ;
“the old Authority” means the Salford and Trafford Health Authority established on 1st April 1994 and abolished on 1st April 1996 ;
“the Trust” means the Salford Royal Hospitals National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the old Authority and the Trust on 6th February 1996, which schedule has been signed on behalf of both the old Authority and the Trust.
Transfer of trust property
2
On 29th August 1996 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State
Department of Health
29th August 1996


text:
1
These Regulations may be cited as the Assured and Protected Tenancies (Lettings to Students) (Amendment) (No. 2) Regulations 1996 and shall come into force on 20th September 1996.
2
Schedule 2 to the Assured and Protected Tenancies (Lettings to Students) Regulations 1988 shall be amended by the addition at the end of “Derbyshire Student Residences Limited”.
Eric Forth
Minister of State,
Department for Education and Employment
22nd August 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Optimum Health Services National Health Service Trust (Transfer of Trust Property) Order 1996 and shall come into force on 21st October 1996.
2
In this Order —
“the Authority” means the Lambeth, Southwark and Lewisham Health Authority established on 1st April 1996 ;
“the old Authority” means the South East London Health Authority established on 1st April 1993 and abolished on 1st April 1996 ;
“the Trust” means the Optimum Health Services National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the old Authority and the Trust on 18th January 1995, which schedule has been signed on behalf of both the old Authority and the Trust.
Transfer of trust property
2
On 21st October 1996 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State,
Department of Health
23rd September 1996


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Local Government Changes for England (Collection Fund Surpluses and Deficits) (Amendment) Regulations 1996 and shall come into force on 17th September 1996.
2
In these Regulations “the principal Regulations ” means the Local Government Changes for England (Collection Fund Surpluses and Deficits) Regulations 1995 .
Funds Regulations
2
For paragraph (2) of regulation 3 of the principal Regulations there shall be substituted the following —
2
For the purpose of the estimate under regulation 10 of the Funds Regulations —
a
where the estimate is for the initial year, no account shall be taken by a billing authority of an estimated amount or audit adjustment calculated under regulations 4, 5, 6 or 7 in relation to that authority and to a surplus or deficit on that authority’s collection fund, and
b
where the estimate is for the initial or any subsequent year, no account shall be taken of any payments to or by a billing authority or any transfers between an authority’s collection fund and general fund required to be made under these Regulations.
.
Audit adjustment
3
For paragraph 5(1)(b) of the principal Regulations there shall be substituted the following —
b
“final surplus or deficit” means the surplus or deficit in the collection fund of the relevant billing authority for the immediately preceding year calculated by applying the formula in paragraph 2 of Part I of Schedule 2 to the Funds Regulations to the figures shown in the final audited accounts of that authority for that year.
.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
20th August 1996


text:
1
This Order may be cited as the Child Abduction and Custody (Parties to Conventions) (Amendment) (No. 3) Order 1996.
2
The Child Abduction and Custody (Parties to Conventions) (Amendment) (No. 2) Order 1996 ) is revoked.
3
The Child Abduction and Custody (Parties to Conventions) Order 1986 ) is amended by deleting Schedules 1 and 2 and substituting therefor Schedules 1 and 2 which are set out in the Schedule to this Order.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation and Commencement
1
These Regulations may be cited as the Industrial and Provident Societies (Forms and Procedure) Regulations 1996 and shall come into force on 1 January 1997.
Interpretation
2
In these Regulations —
“the 1965 Act ” means the Industrial and Provident Societies Act 1965;
“the 1967 Act ” means the Industrial and Provident Societies Act 1967;
“the 1969 Act ” means the Industrial and Provident Societies Act (Northern Ireland) 1969 ;
“Society” means a society registered or deemed to be registered under the 1965 Act;
“Northern Ireland registrar” means the registrar as defined by section 101(1) of the 1969 Act;
“Northern Ireland society” means a society registered or deemed to be registered under the 1969 Act.
Forms under the 1965 Act
3
1
The forms listed in the first column of the table below and set out in Schedule 1 to these Regulations are the prescribed forms for the purposes of the sections of the 1965 Act listed in the second column of the table below:
Form R/IP/RA2 Section 2(3) (acknowledgement of registration of a society) Form R/IP/RA2S Section 2(3) (acknowledgement of registration of society) (Scotland) Form R/IP/RA7 Section 10(3) (acknowledgement of registration of amendment of rules) Form R/IP/RA7S Section 10(3) (acknowledgement of registration of amendments of rules) (Scotland) Form R/IP/RA4 Section 10(3) (acknowledgement of registration of change in situation of registered office) Form R/IP/RA4S Section 10(3) (acknowledgement of registration of change in situation of a registered office) (Scotland)
Forms under the 1967 Act
4
The forms listed in the first column of the table below and set out in Schedule 2 to these Regulations are the prescribed forms for the purposes of the sections of the 1967 Act listed in the second column of the table below:
Form R/IP/RA9 Section 1(3) (acknowledgement of application for recording of a charge) Form R/IP/RA9S Section 4(1) (acknowledgement of delivery of copy of an instrument creating a floating charge) (Scotland)
Procedure under the 1965 Act
5
1
Every application under section 8(2) of the 1965 Act to record rules, or an amendment of rules, of a registered society in another area, shall be accompanied by two copies of the rules or amendment of rules under the seal or signature of the appropriate registrar for the area where the registration of the rules or amendment took place.
2
Every application under section 76 of the 1965 Act to record rules, or an amendment of rules, of a Northern Ireland society, shall be accompanied by two copies of the rules or amendment of rules under the signature of the Northern Ireland registrar.
6
Every application under section 10 of the 1965 Act to register an amendment of the rules of a registered society shall be accompanied by a statutory declaration of an officer of the society that the amendment now submitted for registration has been duly made by the society in accordance with its rules.
7
1
Every application under section 50(4) of the 1965 Act to register a special resolution of a registered society for its amalgamation with one or more other registered societies shall be accompanied by two copies of the application and a statutory declaration of an officer of the society that in passing the special resolution for which application for registration is made the provisions of the Industrial and Provident Societies Act 1965 have been complied with. Such a special resolution in like terms has been made by the other amalgamating society or societies.
2
Every application under section 50(4) of the 1965 Act to register a special resolution of a registered society for the transfer of its engagements to another registered society shall be accompanied by two copies of the application. Such application shall also be accompanied by statutory declarations of an officer of each of the proposed transferor society and of the proposed transferee society. The statutory declaration of the officer of the proposed transferor society shall be to the effect that in passing the special resolution for which application for registration is now made the provisions of the Industrial and Provident Societies Act 1965 have been complied with. The statutory declaration of the officer of the proposed transferee society shall be to the effect that the society has undertaken to fulfil the engagements of the proposed transferor society.
8
1
Every application under section 50(4) of the 1965 Act to register a special resolution of a registered society for its conversion into a company shall be accompanied by four copies of the application and a statutory declaration of an officer of the society that in passing the special resolution for which application for registration is made the provisions of the Industrial and Provident Societies Act 1965 have been complied with.
2
Every application under section 50(4) of the 1965 Act to register a special resolution of a registered society for its amalgamation with a company shall be accompanied by two copies of the application. Such application shall also be accompanied by statutory declarations of an officer of each of the registered society and of the company. The statutory declaration of the officer of the registered society shall be to the effect that in passing the resolution for which application for registration is now made the provisions of the Industrial and Provident Societies Act 1965 have been complied with. The statutory declaration of the officer of the company shall be to the effect that by resolution passed at a general meeting the company has agreed to an amalgamation with the society.
3
Every application under section 50(4) of the 1965 Act to register a special resolution of a registered society for the transfer of its engagements to a company shall be accompanied by two copies of the application. Such application shall also be accompanied by statutory declarations of an officer of each of the proposed transferor society and the proposed transferee company. The statutory declaration of the officer of the proposed transferor society shall be to the effect that in passing the special resolution for which application for registration is now made the provisions of the Industrial and Provident Societies Act 1965 have been complied with. The statutory declaration of the officer of the company shall be to the effect that by resolution passed at a general meeting the company has undertaken to fulfil the engagements of the proposed transferee society.
9
Every instrument of dissolution submitted for registration under section 58 of the 1965 Act shall be accompanied by two copies of the instrument and a sum of money sufficient to defray the expense of publishing as required by section 58(6) of the 1965 Act notice of the dissolution in a newspaper and The Gazette.
Procedure under the 1967 Act
10
1
The prescribed manner for authenticating a copy of an instrument creating or evidencing a charge under section 1(2) or section 4(1) of the 1967 Act is to endorse on the copy a certificate which complies with the conditions in paragraph (2) below.
2
a
The certificate must state that the copy is a true copy.
b
The certificate must be signed by —
i
an officer of the registered society which executed the charge, or
ii
a person interested in the charge otherwise than on behalf of the registered society, or
iii
a solicitor acting on behalf either of the registered society or of a person falling within sub-paragraph (ii) above.
c
The certificate must state the capacity in which the person signing it has signed.
11
1
Notice may be given by either the registered society which executed a charge or a person falling within Regulation 10(2)(b)(ii) above to the appropriate registrar of any release relating to or of any partial or complete satisfaction of such charge created or evidenced by an instrument a copy of which has been delivered under section 1(2) or 4(1) of the 1967 Act.
2
Notice may be given by a person under paragraph (1) above even if that person was not the person who signed the certificate or delivered the copy of the instrument creating or evidencing the charge.
3
Every notice given under this Regulation shall be accompanied by a statutory declaration of both an officer and a member of the committee of management of the society that the particulars in relation to any partial or complete satisfaction of a charge for which application for registration is now made are true.
Duties and functions of the registrar
12
1
The appropriate registrar shall keep for each registered society a file of documents relating to that society and shall make the file available for inspection during office hours by the public on payment of the appropriate fee.
2
The file shall consist of the registered rules of the society, annual returns submitted under section 39 of the 1965 Act, notices submitted under Regulation 11 of these Regulations and such other classes of documents submitted under the 1965 Act, the 1967 Act or these Regulations as the Chief Registrar shall direct in accordance with section 72(1) of the 1965 Act to be kept on the file together with documents deposited by the society with the appropriate registrar under section 24 of the Insurance Companies Act 1982 and any notice served on the appropriate registrar under section 47(3) of that Act.
3
The appropriate registrar shall also keep for each society whose rules have been recorded by him a file containing those rules and shall make the file available for inspection in the same way as the file of a registered society.
Revocation
13
1
The Regulations set out in Schedule 3 to these Regulations are revoked to the extent set out in that Schedule.
2
Notwithstanding the revocations set out in Schedule 3, every form, application, notice or other document received before 31st March 1997 by the chief registrar, the central office or the assistant registrar for Scotland in a form required by those revoked Regulations shall be deemed to be in a form directed by the chief registrar under section 72(1) of the 1965 Act.
Michael Bates
Patrick McLoughlin
Two of the Lords Commissioners of Her Majesty’s Treasury
11th December 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Solihull Health Authority (Transfer of Trust Property) Order 1996 and shall come into force on 8th October 1996.
2
In this Order —
“the first Authority” means the Birmingham Health Authority;
“the second Authority” means the Solihull Health Authority;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the former North Birmingham and the former Solihull Health Authorities on 8th November 1995, which schedule has been signed on behalf of both of those Authorities.
Transfer of trust property
2
On 8th October 1996 the trust property shall be transferred from the first Authority to the second Authority.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State,
Department of Health
10th September 1996


text:
1
1
These Regulations may be cited as the Legal Advice and Assistance at Police Stations (Remuneration) (Amendment) Regulations 1996 and shall come into force on 1st April 1996.
2
These Regulations shall apply for the purposes of work done on or after 1st April 1996 to which the Legal Advice and Assistance at Police Stations (Remuneration) Regulations 1989 apply.
2
The Schedule to these Regulations shall be substituted for the Schedule to the Legal Advice and Assistance at Police Stations (Remuneration) Regulations 1989.
Mackay of Clashfern, C.
Dated 5th March 1996
We consent,
Simon Burns
Derek Conway
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 7th March 1996


text:
Citation
1
This Order may be cited as the Gas Act 1995 (Appointed Day and Commencement) Order 1996.
Appointment of appointed day
2
The day appointed for the purpose of section 18(2) of the Gas Act 1995 shall be 1st March 1996.
Commencement of section 12
3
Section 12 of the Gas Act 1995 shall come into force on 1st March 1996.
Tim Eggar,
Minister for Industry and Energy,
Department of Trade and Industry
5th February 1996


text:
1
This Order may be cited as the Criminal Justice Act 1988 (Offensive Weapons) (Exemption) Order 1996 and shall come into force on 1st January 1997.
2
Section 141A(1) of the Criminal Justice Act 1988 (sale of knives or certain articles with blade or point to persons under sixteen) shall not apply to —
a
a folding pocket-knife if the cutting edge of its blade does not exceed 7.62 centimetres (3 inches).
b
razor blades permanently enclosed in a cartridge or housing where less than 2 millimetres of any blade is exposed beyond the plane which intersects the highest point of the surfaces preceding and following such blades.
David Maclean
Minister of State
Home Office
4th December 1996


text:
Citation and commencement
1
These Regulations may be cited as the Goods Vehicles (Authorisation of International Journeys) (Fees) Regulations 1996 and shall come into force on 22nd February 1996.
Interpretation
2
In these Regulations: —
“the ECMT Council” means the Council of Ministers of the European Conference of Ministers of Transport;
“ECMT licence” means a licence granted pursuant to the scheme adopted by Resolution No. 26 of the ECMT Council of 14th June 1973 ;
“Ecopoints” means Ecopoints issued pursuant to Council Regulation ( EEC ) No. 3637/92 on a system of distribution of Rights of Transit (Ecopoints) for heavy goods vehicles with a laden weight of over 7.5 tonnes registered in a Member State transiting through Austria;
“journey permit” means a permit issued pursuant to an agreement or arrangement mentioned in column 1 of Schedule 1 to these Regulations under the provision or one of the provisions of the agreement or arrangement mentioned opposite thereto in column 2 of that Schedule and providing for a number of outward and inward journeys stated in the permit;
“period permit” means a permit issued pursuant to an agreement or arrangement mentioned in column 1 of Schedule 1 to these Regulations under the provision or one of the provisions of the agreement or arrangement mentioned opposite thereto in column 2 of that Schedule and providing for an unlimited number of journeys during a period stated in the permit;
“removals authorisation” means an authorisation for removals carriage carried out by undertakings having special staff and equipment for the purpose granted in accordance with Resolution No. 53 of the ECMT Council of 29th and 30th May 1985 amending Resolution No. 44 of that Council of 1st June 1978 concerning the regulations governing international transport by road and the liberalisation of certain types of such transport; and
“special permit” means a permit issued pursuant to article 9(2) of the Agreement dated 22nd January 1988 between Her Majesty’s Government and the Government of the Union of Soviet Socialist Republics concerning international road transport, for the use of a vehicle for the carriage of goods between a place in the territory of a Republic of the former Soviet Union and a place in a country or territory which is the territory neither of a Republic of the former Soviet Union nor of the United Kingdom.
Fees
3
1
The fee payable on the issue of an ECMT licence shall be —
a
£40 if it is valid for a period of one year, or
b
if it is valid for a period of less than one year, a fee at the rate of £10 for each period for which it is valid being —
i
a complete period of three months; or
ii
a period of less than three months following any complete period of three months covered by the licence; or
iii
a period of less than three months which is not followed by a complete period of three months covered by the licence.
2
The fee payable on the issue of Ecopoints covering one journey, whether outward or inward, in respect of which they are issued shall be £1.
3
The fee payable on the issue of a journey permit shall be —
a
£2 if the permit covers one outward and inward journey, or
b
if the permit covers more than one outward and inward journey, a fee at the rate of £1 per outward or inward journey covered by the permit.
4
The fee payable on the issue of a period permit shall be —
a
£20 if it is valid for a period of one year, or
b
if it is valid for a period of less than one year, a fee at the rate of £5 for each period for which it is valid being —
i
a complete period of three months; or
ii
a period of less than three months following any complete period of three months covered by the permit; or
iii
a period of less than three months which is not followed by a complete period of three months covered by the permit.
5
The fee payable on the issue of a removals authorisation shall be £5.
6
The fee payable on the issue of a special permit shall be £2.
7
All fees received under these Regulations shall be paid into the Consolidated Fund.
Revocation
4
The Regulations specified in Schedule 2 to these Regulations are hereby revoked.
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
19th January 1996
We consent to the making of these Regulations.
Simon Burns
Bowen Wells
Two of the Lords Commissioners of Her Majesty’s Treasury
23rd January 1996


text:
Citation and commencement
1
1
These Regulations may be cited as the Non-Domestic Rating Contributions (England) (Amendment) Regulations 1996 and shall come into force on 27th March 1996.
2
These Regulations apply in relation to financial years beginning on or after 1st April 1996.
Recalculation of provisional amounts
2
At the end of paragraph (2) of regulation 6 of the Non-Domestic Rating Contributions (England) Regulations 1992 there shall be inserted the following:
e
that where in any period of 3 months commencing on 1st April, 1st July, 1st October or 1st January the authority has given a notification under paragraph (c) above of an amount calculated, the authority has not previously in that period given such a notice in respect of which the Secretary of State has informed the authority of his belief under paragraph (d) above in relation to the amount calculated.
.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
5th March 1996


text:
Citation and commencement
1
This Order may be cited as the Erskine Bridge Tolls Extension Order 1996 and shall come into force on the day after the day on which it is approved by resolution of the House of Commons.
Provision
2
It is hereby directed that the period of twenty years referred to in section 4(1) of the Erskine Bridge Tolls Act 1968 extended by five years by the Erskine Bridge Tolls Extension Order 1991 shall be further extended by five years.
James Douglas-Hamilton
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
18th May 1996


text:
Citation and commencement
1
This Order may be cited as the South Buckinghamshire National Health Service Trust (Establishment) Amendment Order 1996, and shall come into force on 7th April 1996.
Amendment of Establishment Order
2
In Article 3 of the South Buckinghamshire National Health Service Trust (Establishment) Order 1992 (functions of the trust) —
a
in paragraph (1) for “section 5(1)(a)” there shall be substituted “section 5(1)(b)”; and
b
for paragraph (2) there shall be substituted the following new paragraph: —
2
The trust’s functions shall be —
a
to provide and manage hospital accommodation and services at any of the following hospitals: —
i
Oakengrove, Shrubbery Road, High Wycombe, Buckinghamshire HP13 6PS;
ii
Wycombe General Hospital, Queen Alexandra Road, High Wycombe, Buckinghamshire HP11 2TT;
iii
Amersham Hospital, Whieldon Street, Amersham, Buckinghamshire HP7 0JD;
iv
Booker Hospital, Cressex Road, High Wycombe, Buckinghamshire HP12 3QG, and at any other premises which are for the time being associated with any of those hospitals; and
b
to manage community health services from any of the hospitals referred to in sub-paragraph (a) above
and to provide the associated premises.
John Horam
Parliamentary Under Secretary of State,
Department of Health
28th March 1996


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Education (Grant-maintained Schools) (Initial Governing Instruments) (Amendment) Regulations 1996 and shall come into force on 1st September 1996.
2
Any reference in these Regulations to the principal Regulations is a reference to the Education (Grant-maintained Schools) (Initial Governing Instruments) Regulations 1993 .
Amendments to Schedule 1 to the principal Regulations
2
1
The initial instrument of government set out in Schedule 1 to the principal Regulations shall be amended in accordance with the following provisions of this regulation.
2
In paragraph 25 —
a
in sub-paragraph (2), for the words “a member of the staff of the School” there shall be substituted the words “employed as a teacher or otherwise at the School”;
b
after sub-paragraph (5)(a), there shall be inserted the following —
aa
he is employed as a teacher or otherwise at the School;
; and
c
in sub-paragraph (8), for the words “a member of the staff of the School” there shall be substituted the words “a person who is employed as a teacher or otherwise at the School”.
3
In paragraph 35, for sub-paragraphs (a) (b) and (c) there shall be substituted the following sub-paragraphs —
a
to withdraw from the meeting; and
b
in the case of a member of the Governing Body, not to vote on any question with respect to any matter.
.
4
In paragraph 41 —
a
in sub-paragraph (1), after “delegated to” there shall be inserted “or is otherwise exercisable by”;
b
in sub-paragraph (2), after “delegated” there shall be inserted “or who has otherwise exercised a function of the Governing Body”.
5
There shall be substituted for paragraph 43 the following paragraph —
43
1
An appeal committee established in accordance with the provisions of the articles of government for the School made in pursuance of paragraphs 2(3) and 3(2)(c) of Schedule 6 to the 1993 Act shall be constituted in accordance with sub-paragraphs (2) to (9) below.
2
Subject to sub-paragraph (3) below, an appeal committee constituted in accordance with this paragraph shall consist of an odd number (being not less than five) of eligible governors appointed by the Governing Body.
3
An appeal committee constituted in accordance with this paragraph to consider an appeal against a decision of the Staff Committee to dismiss the head teacher of the School shall, in relation to any such appeal heard after 1st January 1997, consist of one independent member (with full voting powers) appointed by the Governing Body following consultation as required by sub-paragraph (5) below and an even number (being not less than four) of eligible governors appointed by the Governing Body.
4
For the purposes of this paragraph, “eligible governor” means a member of the Governing Body other than the head teacher or a member of the Staff Committee and “independent member” means a person who is not —
a
employed as a teacher or otherwise at the School;
b
a past or present member of the Governing Body;
c
among those who made the decision which is the subject of the appeal or who took part in discussions as to whether the decision should be made; or
d
a parent of a registered pupil at the School.
5
The Governing Body shall:
a
inform the head teacher in writing of the name and address of the person whom they propose to appoint as the independent member and give the head teacher sufficient information about such person to enable the head teacher to comment on his suitability to act as the independent member;
b
allow the head teacher 14 days in which to make representations regarding the appointment of an independent member;
c
have regard to any such representations, and, subject to sub-paragraph (5)(d) below, decide who to appoint as the independent member;
d
if they decide not to appoint the proposed independent member referred to in sub-paragraph (5)(a) above, or a person recommended by the head teacher, repeat the steps set out in sub-paragraph (5)(a) to (c) above and in this sub-paragraph (5)(d) if applicable.
6
a
The quorum for a meeting of an appeal committee constituted in accordance with this paragraph and any vote on any matter thereat shall be the majority of the membership of the committee when complete.
b
In the case of an appeal committee constituted in accordance with sub-paragraph (3) above, a meeting shall not be quorate unless one of the members present is the independent member.
7
The members of an appeal committee constituted in accordance with this paragraph shall appoint a person from among their number to be chairman of the committee.
8
The members of the appeal committee shall select a person, who is not from among their number, to act as the clerk to the committee; and the Governing Body shall appoint the person so selected so to act.
9
The Governing Body may pay travelling expenses and subsistence or other allowances to independent members of appeal committees at such rates as may be approved by the Secretary of State.
.
6
In Appendix 1 (restriction on persons taking part in proceedings of the Governing Body) —
a
for paragraph 2(1) there shall be substituted the following sub-paragraph —
2
1
Subject to sub-paragraphs (4) and (4A) below, if a person has any pecuniary interest, direct or indirect, in any contract, proposed contract or other matter and is present at a meeting of the Governing Body at which the contract or other matter is the subject of consideration, he shall at the meeting, and as soon as practicable after its commencement, disclose that fact and withdraw from the meeting during the consideration or discussion of the contract or matter and he shall not vote on any question with respect to the contract or matter.
;
b
in paragraph 2, after sub-paragraph (4), there shall be inserted the following sub-paragraph —
4A
This paragraph shall not prevent members of the Governing Body considering and voting upon proposals for the Governing Body to take out insurance protecting its members against liabilities incurred by them arising out of their office or the Governing Body obtaining such insurance and paying the premiums.
;
c
for paragraph 3(3) there shall be substituted the following sub-paragraph —
3
In any case where sub-paragraph (1) or (2) above applies, the person first-mentioned in that sub-paragraph shall withdraw from the meeting during the consideration or discussion of the matter in question and shall not vote on any question with respect to that matter.
;
d
for paragraph 6(2) there shall be substituted the following sub-paragraph —
2
Without prejudice to the preceding provisions of this Appendix, where this paragraph applies the person concerned shall withdraw from the meeting during the consideration or discussion of the matter in question and shall not vote on any question with respect to that matter.
.
7
In Appendix 2 (proceedings and meetings of committees), for the modification to Appendix 1 relating to “the Governing Body”, there shall be substituted the following modification —
For “the Governing Body”, in each place in which it appears (other than in paragraphs 2(4)(b) and (c), 3(1)(b) and where it appears for the second time in paragraph 1(1)(a) and for the second and third time in paragraph 2(4A)) there is substituted “a committee of the Governing Body”.
.
8
In Appendix 3 (constitution of appeal committees), for paragraph 11 there shall be substituted the following paragraph —
11
1
Subject to sub-paragraph (2) below, the Governing Body may pay travelling expenses and subsistence or other allowances to members of an appeal committee who are not members of the Governing Body at such rates as may be approved by the Secretary of State.
2
Where before 1st September 1996 the Governing Body has resolved to pay to members of an appeal committee travelling, subsistence or other allowances, the Governing Body may continue to pay to persons who are not members of the Governing Body, but were members of an appeal committee on or before 1st September 1996, travelling, subsistence or other allowances in accordance with such resolution.
.
Amendments to Schedule 2 to the principal Regulations
3
1
The initial articles of government set out in Schedule 2 to the principal Regulations shall be amended in accordance with the following provisions of this regulation.
2
In Article 1, in paragraph (1), after the definition of “the Head Teacher”, there shall be inserted the following definitions —
“local average figures” means the average figures for all schools maintained by the local education authority in the area of which the School is situated (other than any special school established in a hospital), all grant-maintained schools, grant-maintained special schools (other than any established in a hospital) and all city technology colleges and city colleges for the technology of the arts, in the area of the local education authority in which the School is situated;
“national average figures” means the average figures for all schools in England or Wales as appropriate, according to whether the School is situated in England or Wales;
“national summary figures” means the summary figures in respect of National Curriculum assessments of pupils for all schools in England or Wales as appropriate, according to whether the School is situated in England or Wales.
.
3
In Article 7 —
a
for paragraph (2), there shall be substituted the following paragraph —
2
Any arrangements (whether as initially determined or as revised by the Governing Body) which allow for the admission to the School of children to whom this paragraph applies, shall have effect only if approved by the Secretary of State.
;
b
after paragraph (2), there shall be inserted the following paragraph —
2A
Paragraph (2) applies to children —
a
who will not have attained the age of five years at the time of their proposed admission, and
b
whose education (if they were admitted to the School) would not constitute nursery education for the purposes of the Nursery Education and Grant-Maintained Schools Act 1996 .
; and
c
in paragraph (3)(d), the words “with the approval of the Secretary of State” shall be omitted.
4
In Article 8 —
a
in paragraph (1)(a) the words “the arrangements for the admission of pupils to the School, including in particular” shall be omitted; and
b
at the end of paragraph (1)(a)(i), for the word “and” there shall be substituted the word “or”.
5
In Article 13 —
a
for paragraph (2)(i) there shall be substituted the following sub-paragraphs —
i
give such information about public examinations and other assessments of pupils’ achievements at the School, the continuing education of pupils leaving the School, the employment or training taken up by such pupils and pupils’ absences from the School as is required to be published pursuant to any regulations in force from time to time under section 153(1) of the 1993 Act;
ii
give such information about the local average figures and national average figures, or, as the case may be, national average figures only, (corresponding to the information referred to in sub-paragraph (i) above about public examinations) as is required to be made available pursuant to any regulations in force from time to time under section 22 of the 1988 Act;
iii
give such information about national summary figures (corresponding to the information referred to in sub-paragraph (i) above about assessments of pupils’ achievements other than public examinations) as is required to be made available pursuant to any regulations in force from time to time under section 22 of the 1988 Act.
.
b
after paragraph (2)(j) there shall be inserted the following sub-paragraphs —
jj
describe in general terms the arrangements made for the security of the School’s pupils, staff and premises;
jjj
describe, in relation to the period since their last report, to what extent the aims of the Governing Body with respect to sport at the School have been attained and any notable sporting achievement of the School’s teams during that period;
; and
c
at the end of paragraph 2(k) the word “and” shall be omitted and after paragraph 2(k) there shall be inserted the following sub-paragraph —
kk
where the School is in England, summarise the nature, amount and purpose of training undertaken by the School’s teaching staff in the period since the last governors’ report, identifying in particular the nature, amount and purpose of any such training undertaken on any day when pupils are not taught at the School to allow the training to take place; and
.
6
In Article 19 —
a
in paragraph (2), after “paragraphs” there shall be inserted “(2A)”;
b
after paragraph (2) there shall be inserted the following paragraph —
2A
The Staff Committee may delegate to the Head Teacher any of its functions conferred by paragraph (2) above relating to the conduct and discipline of persons employed to work at the School (other than the Head Teacher) up to and including the giving of a final written warning to the effect that the Staff Committee may consider whether a person should be dismissed.
; and
c
paragraph (4) shall be amended by the addition at the end of the following words —
except where the functions of the Staff Committee are exercised by the Head Teacher pursuant to paragraph (2A) above.
.
7
In paragraph 7 of Appendix 2, after “subject to” there shall be inserted “paragraph 43 of the instrument of government for the School and to”.
Robin Squire
Parliamentary Under Secretary of State,
Department for Education and Employment
26th July 1996
William Hague
Secretary of State for Wales
31st July 1996


text:
1
This Instrument may be cited as the City of Stoke-on-Trent (Lichfield Street Canal Bridge) Scheme, 1995 Confirmation Instrument 1996 and shall come into force on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
2
The City of Stoke-on-Trent (Lichfield Street Canal Bridge) Scheme, 1995 is hereby confirmed with modifications.
3
The said Scheme as confirmed (hereinafter referred to as “the Scheme”) is set out in the Schedule hereto and copies of the Scheme with its accompanying plan are deposited at the offices of the Department of Transport, Great Minster House, 43 Marsham Street, London SW1P 4DR, and at the offices of the City Council of Stoke-on-Trent, Gordon House, Kingsway, Stoke-on-Trent.
Signed by authority of the Secretary of State for Transport
Pamela Denham
Regional Director Government Office for the North East
15th January 1996


text:
Citation and commencement
1
These Rules may be cited as the Fishing Vessels (Safety Provisions) (Amendment) Rules 1996 and shall come into force on 31st October 1996.
Amendment of Rules
2
1
The Fishing Vessels (Safety Provisions) Rules 1975 shall be amended as follows.
2
In rule 1(5) the following definition shall be added:
“appropriate Certifying Authority” means any person authorised as a Certifying Authority for radio installations pursuant to the Merchant Shipping (Survey and Certification) Regulations 1995 ;
3
In rule 125B for the words “British Telecommunications plc (hereinafter called “BT”)” there shall be substituted “the appropriate Certifying Authority”.
4
In rule 125C.
a
for “BT” on the first and third occasion on which it occurs there shall be substituted the words “an appropriate Certifying Authority”;
b
for “BT” on the second and fourth occasion on which it occurs there shall be substituted the words “that appropriate Certifying Authority”.
Signed by the authority of the Secretary of State for Transport
Goschen
Parliamentary Under Secretary of State,
Department of Transport
16th September 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Llandough Hospital and Community National Health Service Trust (Transfer of Trust Property) Order 1996 and shall come into force on 1st April 1996.
2
In this Order —
“the Authority” means South Glamorgan Health Authority;
“the Trust” means the Llandough Hospital and Community National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 22nd December 1995, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of Trust Property
2
On 1st April 1996 the trust property shall be transferred from the Authority to the Trust.
William Hague
Secretary of State for Wales
16th February 1996


text:
Citation and commencement
1
This Order may be cited as the St. Mary’s Hospital National Health Service Trust Dissolution Order 1996 and shall come into force on 1st April 1997.
Dissolution of NHS trust
2
The St. Mary’s Hospital National Health Service Trust established by the St. Mary’s Hospital National Health Service Trust (Establishment) Order 1992 is hereby dissolved, and accordingly that Order is hereby revoked.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State,Department of Health
29th October 1996