text:
Citation, commencement and interpretation
1
1
These Rules may be cited as the Mental Health Review Tribunal (Amendment) Rules 1996 and shall come into force on 1st April 1996.
2
In these Rules, “the principal Rules ” means the Mental Health Review Tribunal Rules 1983 .
3
In these Rules unless the context otherwise requires, a reference to a numbered rule or Schedule is a reference to the rule or Schedule bearing that number in the principal Rules.
Amendment of rule 2 of the principal Rules
2
Paragraph (1) of rule 2 (interpretation) shall be amended by —
a
inserting in the definition of “decision with recommendations” the words “or (3A)(a)” after the words “section 72(3)(a)”;
b
inserting after the definition of “health authority” the following definition —
“National Health Service trust” means a body established under section 5(1) of the National Health Service and Community Care Act 1990
;
c
inserting in the definition of “responsible authority” after sub-paragraph (b), the word “and” and a new sub-paragraph —
c
in relation to a patient subject to after-care under supervision, the Health Authority which has the duty under section 117 of the Act to provide after-care services for the patient.
;
d
inserting in the definition of “tribunal” after the word “guardianship” the words “or is (or is to be) subject to after-care under supervision”.
Amendment of rule 3 of the principal Rules
3
Rule 3 (making an application) shall be amended by inserting after paragraph (2)(e) the following sub-paragraph —
f
in the case of a patient subject (or to be subject) to after-care under supervision —
i
the names of the persons who are (or who are to be) the patient’s supervisor and community responsible medical officer;
ii
the name and address of any place at which the patient is (or will be) receiving medical treatment;
iii
where the patient is subject to after-care under supervision his current address, or in the case of a patient who is to be subject to after-care under supervision upon leaving hospital, the address of the hospital where he is, or was last, detained or is liable to be detained.
.
Amendment of rule 6 of the principal Rules
4
In rule 6 (statements by the responsible authority and the Secretary of State) after paragraph (3) there shall be inserted the following paragraph —
3A
Where the patient is (or is to be) subject to after-care under supervision paragraph (1) shall not apply and the responsible authority shall send a statement to the tribunal as soon as practicable, and in any case within 3 weeks of the responsible authority’s receipt of the notice of application, and this statement shall contain —
a
the information specified in Part E of Schedule 1 to these Rules, in so far as it is within the knowledge of the responsible authority;
b
the reports specified in Part F of that Schedule;
c
the details of the after-care services being (or to be) provided under section 117 of the Act; and
d
details of any requirements imposed (or to be imposed) on the patient under section 25D of the Act ;
and shall be accompanied by copies of the documents specified in paragraph 3 of Part E of that Schedule.
.
Amendment of rule 7 of the principal Rules
5
In rule 7 (notice to other persons interested) —
a
after paragraph (b) there shall be inserted the following paragraph —
bb
where the patient is, or will upon leaving hospital be, subject to after-care under supervision, to the person who appears to be the patient’s nearest relative, and the persons who are, or will be, the patient’s supervisor and community responsible medical officer and in the case of a patient who has not yet left hospital, the person who has prepared the medical report referred to in paragraph 1 of Part F of Schedule 1 to these Rules;
;
b
in paragraph (e) after the words “health authority” there shall be inserted the words “or National Health Service trust” and after the words “that authority” there shall be inserted the words “or trust”.
Amendment of rule 8 of the principal Rules
6
In paragraph (2)(b) of rule 8 (appointment of the tribunal) after the words “health authority” there shall be inserted the words “or National Health Service trust”.
Amendment of rule 9 of the principal Rules
7
Rule 9 (powers to postpone consideration of an application) shall be amended by —
a
the insertion in paragraph (3)(a) after the words “section 66(1)(d)” of the words “or (gb) ”;
b
in paragraph (3)(b) —
i
the insertion after the word “months” of the words “or an application under section 66(1)(gc) of the Act in respect of a report furnished under section 25G(3) concerning renewal of after-care under supervision”; and
ii
the substitution for the words “or reception into guardianship” of the words “, reception into guardianship or becoming subject to after-care under supervision”;
c
in paragraph (3)(d) the insertion after the word “guardianship” of the words “or his being (or being about to be) subject to after-care under supervision”;
d
in paragraph (7) —
i
the insertion after the word “guardianship” on the first occasion it appears, of the words “or his being (or being about to be) subject to after-care under supervision”; and
ii
the addition after sub-paragraph (d) of the following sub-paragraph —
e
on his ceasing to be subject to after-care under supervision on his reception into guardianship in accordance with section 25H(5)(b) .
.
Amendment of rule 10 of the principal Rules
8
In rule 10(1) (representation, etc. ) there shall be inserted after the words “to guardianship” the words “or after-care under supervision”.
Amendment of rule 11 of the principal Rules
9
At the end of rule 11 there shall be added the words “and in the case of a patient subject to after-care under supervision this rule shall also apply to such other records relating to any after-care services provided under section 117 of the Act.”.
Amendment of rule 19 of the principal Rules
10
In rule 19 (withdrawal of application) there shall be inserted —
a
after the words “to guardianship” in paragraph (2) the words “or after-care under supervision”; and
b
after paragraph (2) the following paragraph —
2A
Where a patient subject to after-care under supervision fails without reasonable explanation to undergo a medical examination under rule 11, any application relating to that patient may be deemed by the tribunal to be withdrawn.
.
Amendment of rule 23 of the principal Rules
11
In rule 23(2) (decisions) there shall be substituted for the words “or (4)” the words “, (4) or (4A) ”.
Amendment of Schedule 1 to the principal Rules
12
1
In the headings to Parts A and B in Schedule 1 there shall be inserted in each case after the words “(OTHER THAN CONDITIONALLY DISCHARGED PATIENTS” the words “AND PATIENTS SUBJECT (OR TO BE SUBJECT) TO AFTER-CARE UNDER SUPERVISION)”.
2
At the end of Schedule 1 (statements by the responsible authority and the Secretary of State), there shall be added the following Parts —
PART E
INFORMATION AND DOCUMENTS RELATING TO PATIENTS SUBJECT (OR TO BE SUBJECT) TO AFTER-CARE UNDER SUPERVISION
1
The full name, address and age of the patient.
2
The date of the acceptance of the supervision application in respect of the patient.
3
A copy of the original supervision application, details of the after-care services provided (or to be provided) under section 117 of the Act, details of any requirements imposed (or to be imposed) under section 25D(1) of the Act, a copy of any report furnished under section 25G(3)(b) of the Act in relation to renewal of the supervision application and a copy of any record of modification of the after-care services provided.
4
Any reclassification of the form of mental disorder from which the patient is recorded as suffering in the supervision application reported in accordance with section 25F(1) of the Act.
5
The name and address of the person who is (or is to be) the community responsible medical officer and the period (if any) during which he has been in charge of the patient’s medical treatment.
6
The name and address of the person who is (or is to be) the patient’s supervisor.
7
Where a registered medical practitioner other than the community responsible medical officer is or has recently been largely concerned in the treatment of the patient, details of the name and address of that practitioner and the period which the patient has spent under his care.
8
The name and address of any place where the patient (if he has been discharged) is receiving medical treatment.
9
The name and address of the hospital where the patient was detained or liable to be detained when the supervision application was made.
10
The dates of any previous tribunal hearings in relation to the patient since he became subject to after-care under supervision, the decisions reached at such hearings and the reasons given.
11
Details of any proceedings in the Court of Protection and of any receivership order made in respect of the patient.
12
The name and address of the patient’s nearest relative or of any other person who is exercising that function.
13
The name and address of any other person who takes a close interest in the patient.
PART F
REPORTS RELATING TO PATIENTS SUBJECT (OR TO BE SUBJECT) TO AFTER-CARE UNDER SUPERVISION
1
An up-to-date medical report, prepared for the tribunal by the patient’s community responsible medical officer or, if he has not yet left hospital, his responsible medical officer (or, where there is none, his last responsible medical officer), including the relevant medical history and a full report on the patient’s mental condition.
2
Where the patient is subject to after-care under supervision an up-to-date report prepared for the tribunal by the patient’s supervisor including reports on the following —
a
the patient’s home and family circumstances, including the attitude of the patient’s nearest relative or the person so acting and the attitude of any person who plays a substantial part in the care of the patient but is not professionally concerned with any of the after-care services provided to the patient;
b
his progress in the community whilst subject to after-care under supervision including an assessment of the effectiveness of that supervision.
3
Where the patient has not yet left hospital an up-to-date social circumstances report prepared for the tribunal by a person professionally concerned with the nature of the patient’s social circumstances including reports on the following —
a
the patient’s home and family circumstances, including the attitude of the patient’s nearest relative or the person so acting;
b
the opportunities for employment or occupation and the housing facilities which would be available to the patient upon his discharge from hospital;
c
the availability of community support and relevant medical facilities;
d
the financial circumstances of the patient.
.
Mackay of Clashfern, C
Dated 15th February 1996


type: legislation

jurisdiction: UK

text:
Commencement and citation
1
1
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No. 5) Regulations 1996 and shall come into force on 1st October 1996.
2
The Secretary of State is satisfied that —
a
it is requisite that the provisions of regulations 4, 5, 8 and 10 shall apply as from 1st October 1996 to vehicles registered under the Vehicle Excise and Registration Act 1994 before the expiration of one year from the making of these Regulations; and
b
notwithstanding that the said provisions would then apply to those vehicles, no undue hardship or inconvenience would be caused thereby.
Preliminary
2
The Road Vehicles (Construction and Use) Regulations 1986 shall be further amended in accordance with the following provisions of these Regulations.
Amendments to regulation 3 (interpretation)
3
In the Table in regulation 3(2) —
a
after the definition of “the Act of Accession” there shall be inserted the following definition —
agricultural or forestry tractor an agricultural or forestry tractor within the meaning of Community Directive 82/890 .
b
after the definition of “first used” there shall be inserted the following definition —
Framework Directive Council Directive 70/156/ EEC as amended by Council Directive 87/403/EEC , Council Directive 92/53/EEC and Commission Directive 93/81 .
Amendments to regulation 54 (silencers — general)
4
1
Regulation 54 shall be amended as follows.
2
In sub-paragraph (3) —
a
for “or 84/424” there shall be substituted “, 84/424 or 92/97 or ECE Regulation 51.02”; and
b
after “78/1015” there shall be inserted “, 87/56 or 89/235.”
Amendments to regulation 55 (noise limits — general)
5
1
Regulation 55 shall be amended as follows.
2
For the heading there shall be substituted —
Noise limits — certain vehicles with 3 or more wheels — general
3
In paragraph (1), for the words “paragraph (2)” there shall be substituted the words “paragraphs (1A) and (2)”.
4
After paragraph (1), there shall be inserted the following paragraph —
1A
This regulation does not apply to a vehicle to which an item in the Table in regulation 55A applies.
.
5
After paragraph (6), there shall be inserted the following paragraph —
6A
A vehicle shall be deemed to satisfy the requirements of this regulation if it is so constructed that it complies with the requirements specified in column 4 of item 2 in the Table in regulation 55A as they apply to a vehicle first used on or after the date specified in column 3 of that item.
.
6
In paragraph (7), for “or 84/424” there shall be substituted “, 84/424, 92/97 or 96/20 or ECE Regulation 51.02”.
New regulation 55A (noise limits — vehicles first used on or after 1st October 1996)
6
After regulation 55, there shall be inserted —
Noise limits — certain vehicles first used on or after 1st October 1996 — general
55A
1
A motor vehicle to which an item in the Table below applies shall be so constructed that it meets the requirements specified in column 4 of that item; and an item in that Table applies to a vehicle if it is of the description specified in column 2 of that item.
This paragraph has effect subject to the following provisions of this regulation, regulation 59 and Schedule 7XA.
THE TABLE
(1) (2) (3) (4) (5) Item Vehicles to which the item applies Earliest date of first use (see column 2) The requirements Modification of Community Directives in relation to special vehicles (See paragraph (4)(c))
1
1
All motor vehicles with less than 4 wheels and first used on or after the date specified in column 3 of this item.
2
All special vehicles first used on or after the date specified in column 3 of this item.
3
All motor vehicles first used on or after the date specified in column 3 of this item with a maximum speed not exceeding 25 km/h.
1st October 1996
The requirements of —
regulation 55 as they would apply to the vehicle but for paragraph (1A) of that regulation; or
paragraphs 3 and 5.2 of Annex I to Community Directive 92/97 or 96/20.
For paragraph 5.2.2.1 of Annex I, substitute —
The sound level measured in accordance with 5.2.2.2 to 5.2.2.5 of this Annex shall not exceed —
in the case of vehicles with engine power of less than 75 kW , 84 dB(A)
in the case of vehicles with engine power not less than 75 kW, 86 dB(A).
2 All motor vehicles first used on or after the date specified in column 3 of this item, not being a vehicle to which item 1 applies. 1st October 1996 The requirements of paragraphs 3 and 5 of Annex I to Community Directive 92/97 or 96/20.
2
Paragraph (1) does not apply to —
a
a vehicle with fewer than 3 wheels; or
b
a vehicle of a description mentioned in regulation 55(2).
3
In this regulation, “special vehicle” means a vehicle which is —
a
engineering plant;
b
a locomotive other than an agricultural motor vehicle;
c
a motor tractor other than an industrial tractor or an agricultural motor vehicle;
d
a public works vehicle; or
e
a works truck.
4
For the purposes of this regulation —
a
subject to paragraphs (b), (c), (d) and (e), the Community Directives referred to in this regulation shall have effect in relation to a vehicle that is not a “vehicle” within the meaning of the Framework Directive but is of a class of a description specified in column 2 of an item in the Table in regulation 15 (whether or not regulation 15 applies to the vehicle) as it has effect in relation to a vehicle of the category specified in column 3 of that item;
b
subject to paragraphs (c), (d) and (e), a vehicle that does not fall within sub-paragraph (a) and is not a “vehicle” within the meaning of the Framework Directive shall be regarded as meeting the requirements of paragraph 5 of a Community Directive mentioned in the Table if it meets —
i
the requirements of that paragraph as it applies to a vehicle in category M 1 or N 1 within the meaning of the Community Directive, or
ii
the requirements of that paragraph as it applies to a vehicle that is not in either of those categories;
c
subject to sub-paragraphs (d) and (e), in relation to a special vehicle the Community Directives mentioned in column 4 of an item in the Table shall have effect with the modifications (if any) specified in column 5 of the item;
d
a requirement in paragraph 5.2.2.1 of Annex 1 to Community Directive 92/97 for a sound level not to exceed a specified limit in specified circumstances shall be read as a requirement for the sound level not to exceed that limit by more than the amount mentioned in paragraph 4.1 of Annex V to the Community Directive in those circumstances;
e
a requirement in paragraph 5.2.2.1 of Annex 1 to Community Directive 96/20 for a sound level not to exceed a specified limit in specified circumstances shall be read as a requirement for the sound level not to exceed that limit by more than the amount mentioned in paragraph 4.1 of Annex III to the Directive in those circumstances.
5
Instead of complying with paragraph (1) a vehicle may comply at the time of its first use —
a
in the case of a vehicle to which item 1 of the Table applies, with Community Directive 77/212, 81/334, 84/424, 92/97 or 96/20 or ECE Regulation 51.02; or
b
in the case of a vehicle to which item 2 of the Table applies, with Community Directive 92/97 or 96/20 or ECE Regulation 51.02.
.
Amendments to regulation 59 (Exceptions to certain regulations)
7
In regulation 59, after “55,” there shall be inserted “55A”.
Amendments to regulation 60 (Radio interference suppression)
8
1
Regulation 60 shall be amended as follows.
2
For paragraph (1) there shall be substituted the following paragraphs —
1
Subject to paragraphs (1B), (1D), (1E) and (2) —
a
every vehicle to which this sub-paragraph applies shall be so constructed that it complies with the requirements of paragraph 6 of Annex 1 to Community Directive 72/245 or paragraph 6 (as read with paragraph 8) of Annex 1 to Community Directive 95/54 (whether or not those Community Directives apply to the vehicle); and
b
every agricultural and forestry tractor which is propelled by a spark ignition engine and is first used on or after 1st April 1974 shall be so constructed that it meets the requirements of paragraph 6 of Community Directive 72/245, 75/322 or 95/54.
1A
Paragraph (1)(a) applies to every wheeled vehicle which is propelled by a spark ignition engine and —
a
is first used on or after 1st April 1974 and before 1st January 1996; or
b
is first used on or after 1st January 1996 and is a “vehicle” within the meaning of the Framework Directive.
1B
For the purposes of paragraph (1) —
a
a requirement in paragraph 6.2.2 of Community Directive 72/245 or 75/322 for any description of radiation level not to exceed a specified limit when measured in specified circumstances shall be read as a requirement for that description of radiation level not to exceed that limit by more than the amount mentioned in paragraph 9.2 of those Community Directives when measured in those circumstances; and
b
a requirement in paragraph 6.2.2 or 6.3.2 of Community Directive 95/54 for any description of radiation level not to exceed a specified limit when measured in specified circumstances shall be read as a requirement for that description of radiation level not to exceed that limit by more than the amount mentioned in paragraph 7.3.1 of the Community Directive when measured in those circumstances.
1C
Subject to paragraph (1F), on and after 1st October 2002 no person shall use or cause or permit to be used on a road a vehicle —
a
in respect of which an EC certificate of conformity has been issued; and
b
which is fitted with any electrical/electronic sub-assembly that was not fitted to the vehicle when the certificate was issued,
unless the electrical/electronic sub-assembly is marked in accordance with the requirements of Community Directive 95/54/EC .
1D
Instead of complying with paragraph (1)(a) a vehicle may comply at the time of first use with Community Directive 72/245 or 95/54 or ECE Regulation 10 or 10.01 .
1E
Instead of complying with paragraph (1)(b) a vehicle may comply at the time of first use with Community Directive 75/322.
1F
Paragraph (1C) shall not apply to a vehicle of a type described in article 2(6) of Community Directive 95/54/EC ; and for the purposes of this paragraph “type” has the same meaning as in article 2(6) of that Directive.
.
3
After paragraph (2) there shall be added the following paragraph —
3
In this regulation “electrical/electronic sub-assembly” has the same meaning as in Community Directive 95/54.
.
Amendments to regulation 61 (emission of smoke, vapour, gases, oily substances etc. )
9
1
Regulation 61 shall be amended as follows.
2
After paragraph (4), there shall be inserted the following paragraph —
4A
In relation to a vehicle which —
a
has an engine the cylinder capacity of which is less than 700 cc and has a rated power speed of more than 3,000 revolutions per minute;
b
is first used before 1st October 1998,
Community Directive 91/542 shall have effect for the purposes of this regulation as if for the figure “0.15” in the Table in paragraph 6.2.1 and 8.3.1.1 there were substituted “0.25”.
For the purposes of this paragraph, “rated power speed” has the same meaning as in Community Directive 96/1.
.
3
In paragraph (7), “(7A), (7B), (7C), (7D), (7E), (7F), (7G), (7H)” shall be omitted.
4
Paragraphs (7A) to (7H) shall be omitted.
5
In paragraph (11), at the beginning there shall be inserted the words “Subject to Schedule 7XA,”.
Amendments to Schedule 2
10
1
In Table I of Schedule 2 for items 54B to 56 there shall be substituted the following items —
55 88/195 24.3.88 L92, 9.4.88, p.50 Engine power of motor vehicles 80/1269 55A 88/218 11.4.88 L98, 15.4.88, p.48 The weights dimensions and other technical characteristics of certain road vehicles 85/3 as amended by 86/360 55B 88/321 16.5.88 L147, 14.6.88, p.77 Mirrors 71/127 as amended by 79/795, 85/205 and 86/562 10C 55C 88/366 17.5.88 L181, 12.7.88, p.40 Field of vision of motor vehicle drivers 77/649 as amended by 81/643 56 88/436 16.6.88 L124, 6.8.88, p.1 Measures to be taken against air pollution by gases from engines of motor vehicles (restriction of particulate pollution emissions from diesel engines) 70/220 as amended by 74/290, 77/102, 78/665, 83/351 and 88/76 4D 2C
2
In that Table, after item 69 there shall be inserted the following items —
70 92/97 10.11.92 L371, 19.12.92, p.1 Permissible sound level and the exhaust system of motor vehicles 70/157 as amended by 73/350, 77/212, 81/334, 84/372 and 84/424 14G 4F 71 95/54 31.10.95 L266, 8.11.95, p.1 The suppression of radio interference of motor vehicles 72/245 2B 5B 72 96/1 22.1.96 L40, 17.2.96, p.1 Measures to be taken against the emission of gaseous pollutants from diesel engines for use in vehicles 88/77 as amended by 91/542 4N 2L 73 96/20 27.3.96 L92, 13.4.96, p.23 Permissible sound level and the exhaust system of motor vehicles 70/157 as amended by 73/350, 77/212, 81/334, 84/372, 84/424 and 92/97 141 4G
3
In Table II in Schedule 2, after item 21AB there shall be inserted the following item:
21BA 51.02 51 18.4.95 Noise emissions from motor vehicles having at least 4 wheels — 14E 4D(4) or 4E
New Schedule 7XA
11
After Schedule 7, there shall be inserted the Schedule set out in the Schedule to these Regulations.
Signed by authority of the Secretary of State for Transport
John Bowis
Parliamentary Under Secretary of State,
Department of Transport
9th September 1996


text:
1
This Order may be cited as the Channel Tunnel (International Arrangements) (Amendment) Order 1996 and shall come into force on 2nd October 1996.
2
The Channel Tunnel (International Arrangements) Order 1993 shall be amended as follows:
a
In the definition of “Frontier controls” in Schedule 1 (expressions defined) after the word “phytosanitary” there shall be inserted the words “, and transport and road traffic”;
b
In article 4 (application of enactments), in paragraph (1) after the words “frontier control enactments” there shall be inserted the words “except those relating to transport and road traffic controls” and after that paragraph there shall be inserted the following paragraph:–
1A
All frontier control enactments relating to transport and road traffic controls shall for the purpose of enabling officers belonging to the United Kingdom to carry out such controls extend to France within the control zone in France within the tunnel system.
; and
c
In article 7 (enactments modified) there shall be inserted at the end the following paragraph:–
4
The frontier control enactments relating to transport and road traffic controls in their application to France within the control zone in France within the tunnel system by virtue of article 4(1A) shall have effect as if any reference therein to a “public road” or “road” were a reference to any part of that control zone.
Signed by authority of the Secretary of State for Transport
John Watts
Minister of State,
Department of Transport
2nd September 1996


text:
Citation, commencement and duration
1
1
These Regulations may be cited as the Jobseeker’s Allowance (Pilot Scheme) (Amendment) Regulations 1996 and shall come into force on 7th October 1996.
2
These Regulations shall cease to have effect on 4th July 1997.
Appropriate offices
2
In the Schedule to the Jobseeker’s Allowance (Pilot Scheme) Regulations 1996 (list of appropriate offices) there shall be inserted, after “Maidstone A ESJ”, the words “Maidstone B ESJ”.
Eric Forth
Minister of State,
Department for Education and Employment
8th July 1996


text:
Citation
1
This Order may be cited as the Medicinal Products: Prescription by Nurses etc. Act 1992 (Commencement No.2) Order 1996.
Appointed Day
2
1st July 1996 is the day appointed for the coming into force of section 3 of the Medicinal Products: Prescription by Nurses etc. Act 1992.
James Douglas-Hamilton
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
5th June 1996


text:
1
This Order may be cited as the Double Taxation Relief (Taxes on Income) (Republic of Korea) Order 1996.
2
It is hereby declared —
a
that the arrangements specified in the Convention set out in Part I of the Schedule to this Order and in the Exchange of Notes constituting an Agreement set out in Part II of that Schedule have been made with the Government of the Republic of Korea with a view to affording relief from double taxation in relation to income tax, corporation tax or capital gains tax and taxes of a similar character imposed by the laws of the Republic of Korea;
b
that those arrangements include provisions with respect to the exchange of information necessary for carrying out the domestic laws of the United Kingdom and the laws of the Republic of Korea concerning taxes covered by the arrangements; and
c
that it is expedient that those arrangements should have effect.
N. H. Nicholls
Clerk of the Privy Council


text:
Title and commencement
1
1
This Order may be cited as the Newlyn Pier and Harbour (Revision of Constitution of Commissioners) Order 1996 and shall come into force on 1st March 1996.
2
The Newlyn Pier and Harbour Orders 1906 to 1987 and this Order may be cited together as the Newlyn Pier and Harbour Orders 1906 to 1996.
Interpretation
2
In this Order, unless the context otherwise requires,
“the Boat-owners Commissioner ” has the same meaning as in article 8(5) of the Principal Order ;
“the clerk” has the same meaning as in article 3 of the Principal Order;
“ the Commissioners ” has the same meaning as in article 3 of the Principal Order;
“ the District ” means the districts of the Penwith and Kerrier District Councils;
“election year” means 1996 and every subsequent third year;
“fish” includes shellfish;
“fishing boat” means a boat 7 metres or more in length, and in whatever way propelled, which is for the time being employed, or is equipped for employment, in sea fishing;
“the Fish Merchant Commissioner ” means the Commissioner elected in accordance with article 5 of this Order;
“the harbour” means the harbour of Newlyn within the limits described in article 6 of the Newlyn Pier and Harbour Orders 1906 to 1987;
“length” means, in relation to a boat, the length calculated in accordance with the rules specified in Article 2(1) of Council Regulation ( EEC ) 2930/86 defining characteristics for fishing vessels as amended ;
“the office” has the same meaning as in article 3 of the Principal Order;
“the Principal Order” means the Newlyn Pier and Harbour Order 1906;
“ship, passenger and goods dues” has the same meaning as in section 57(1) of the Harbours Act 1964.
Revision of the provisions relating to the number of Commissioners
3
1
The maximum number of Commissioners shall be increased to ten.
2
There shall be three Boat-owners Commissioners.
3
There shall be one Fish Merchant Commissioner.
4
There may be one Co-opted Commissioner.
Revision of provisions relating to the Boat-owners Commissioners
4
1
Any person who, immediately before the date on which this Order comes into force, is a Boat-owner Commissioner elected pursuant to the Principal Order shall be treated on or after such date for the remainder of the period for which he would, under the terms of the Principal Order, have held office, as if he had been elected as a Boat-owners Commissioner pursuant to this article.
2
The provisions of the Principal Order relating to the Boat-owners Commissioners shall be revised in accordance with the provisions of paragraphs (3) to (10) below and references to the Boat-owners Commissioners in the Principal Order shall be deemed to be references to Boat-owners Commissioners elected pursuant to this article.
3
The clerk shall maintain a register (in this article referred to as “the boat owner register”) of those persons who have notified him of the fact that they fulfil the conditions set out in paragraph (4) below.
4
The conditions referred to in paragraph (3) above are that the person —
a
is resident within the District and has been so for a period of at least six months;
b
is the registered owner of a fishing boat which is registered as a fishing vessel pursuant to the Merchant Shipping (Registration of Ships) Regulations 1993 and provided that, if there is more than one registered owner which fulfills the other conditions of this paragraph, the registered owner whose name appears first on the register shall be the registered owner for the purposes of this article;
c
from time to time lands fish from the fishing boat referred to in paragraph (4)(b) above at the harbour;
d
is not in default to the Commissioners in respect of any ship, passenger and goods dues; and
e
is 18 or more years of age.
5
A person who ceases to fulfil the conditions set out in paragraph (4) above shall notify the fact to the clerk who shall remove that person from the boat owner register.
6
Any person may notify the clerk that another person is not entitled to be on or remain on the boat owner register.
7
Any question as to whether a person is entitled to be or remain on the boat owner register shall be determined by the Commissioners, other than the Fish Merchant Commissioner, but before making any determination, they shall give notice to such person of their intention to determine a question and consider any representations he may make to them within such reasonable time as they may allow.
8
The clerk shall be informed of the determination made pursuant to paragraph (7) above and shall amend the register accordingly.
9
Subject to paragraph (10) below, the provisions of the Schedule to this Order shall apply to the election of the Boat-owners Commissioners.
10
In this article and in the Schedule to this Order —
“voter” means a person who appears on the boat owner register on the qualification day;
“the qualification day” means the day which commences four calendar months before the commencement of the election day;
“the election day” means the first Monday in November in an election year;
“the relevant number” means three.
Election of Fish Merchant Commissioner
5
1
The clerk shall maintain a register (in this article referred to as “the fish merchant register”) of those persons who have notified him of the fact that they fulfil the conditions set out in paragraph (2) below.
2
The conditions referred to in paragraph (1) above are that the person is resident within the District and has been so for a period of at least six months and either —
a
i
purchases fish landed at the harbour in the ordinary course of trade;
ii
has purchased at least 2% of the total value of fish which has been both landed and sold at the harbour during the previous 12 months; and
iii
has deposited records which prove that sub-paragraph (ii) above is correct with the clerk; or
b
has been nominated to be entered on the fish merchant register as its representative by a partnership of fish merchants which fulfils the conditions set out in sub-paragraphs (i), (ii) and (iii) above and who is a partner in that partnership.
3
A person who ceases to fulfil the conditions set out in paragraph (2) above shall notify the fact to the clerk who shall remove that person from the fish merchant register.
4
Any person may notify the clerk that another person is not entitled to be on or remain on the fish merchant register.
5
Subject to paragraph (6) below, any question as to whether a person is entitled to be or remain on the fish merchant register shall be determined by the Commissioners, other than the Boat-owners Commissioners, but before making any determination, they shall give notice to such person of their intention to determine a question and consider any representations he may make to them within such a reasonable time as they may allow.
6
If a question arises as to whether a person or a partnership of fish merchants fulfils the conditions set out at paragraph (2)(a)(ii) above, the question shall be determined by an independent auditor appointed jointly by the person or partnership concerned and the Commissioners.
7
The clerk shall be informed of any determination made pursuant to paragraphs (5) and (6) above and shall amend the register accordingly.
8
Subject to paragraph (9) below, the provisions of the Schedule to this Order shall apply to the election of the Fish Merchant Commissioner.
9
In this article and in the Schedule to this Order —
“voter” means a person who appears on the fish merchant register on the qualification day;
“the qualification day” means the day which commences four calendar months before the commencement of the election day;
“the election day” means the first Monday in December in an election year;
“the relevant number” means one.
Appointment of Co-opted Commissioner
6
1
The Commissioners may, from time to time, appoint, in accordance with paragraph (2), one Commissioner (in this Order referred to as the “Co-opted Commissioner”) who shall be a person nominated in accordance with paragraph (3) below.
2
The Co-opted Commissioner shall be appointed by a unanimous vote at a meeting of Commissioners.
3
A Commissioner may nominate any person who fulfils the conditions set out in paragraph (4) below as a candidate for the position of Co-opted Commissioner by sending to the clerk a nomination paper. The nomination paper shall be dated and signed by the Commissioner and shall contain the name and address of the candidate.
4
The conditions referred to in paragraph (3) above are that the person —
a
is not directly connected with the fishing industry at the harbour; and
b
has expertise or experience which would benefit the Commissioners.
5
Subject to paragraph (6) below the Co-opted Commissioner shall hold office for such period as the Commissioners shall determine on making the appointment up to a maximum of three years from the date of making the appointment.
6
The appointment of a person as Co-opted Commissioner may be revoked with the consent of all the other Commissioners.
Quorum
7
1
In article 14(2) of the Principal Order (quorum for a meeting of Commissioners), the word “five” shall be substituted for the word “three”.
2
In article 17(7) of the Principal Order (quorum for a committee of Commissioners), the word “four” shall be substituted for the word “two”.
Minutes
8
Article 17 of the Principal Order (meetings) shall be revised by the insertion of the following paragraph after paragraph (7) —
8
The record of the proceedings of Commissioners and of the committees appointed by them, maintained pursuant to section 55 of the Commissioners Clauses Act 1847 , shall, save for such parts of the record considered by the chairman to be confidential, at all reasonable times be open to inspection by the public.
.
Incorporation of the Commissioners Clauses Act 1847
9
1
Subject to paragraphs (2) and (3) below, article 9 of the Principal Order (incorporation of Commissioners Clauses Act) shall also apply to this Order.
2
Section 9 of the Commissioners Clauses Act 1847 (Commissioner holding office or concerned in a contract to cease to be a Commissioner), as incorporated with the Principal Order and this Order, shall be read and have effect subject to the exception contained in paragraph (3) below.
3
At the discretion of the Commissioners and provided he complies with the requirements specified in paragraph (4) below, a person shall not be disqualified from being appointed or elected as a Commissioner or, having been so appointed or elected, from remaining in office as a Commissioner, by reason of his being a party to, or being otherwise interested in, a lease or other grant conferred by the Commissioners under article 27 of the Newlyn Pier and Harbour Revision Order 1977.
4
The requirements for the purposes of paragraph (3) above are —
a
where prior to his appointment or election as a Commissioner he has become a party to, or has become otherwise interested in, such a lease or grant, he shall within 7 days of his appointment or election give to the Commissioners a written declaration of the nature and extent of that interest, and
b
where having been so appointed or elected he intends to become a party to, or to become otherwise interested in, such a lease or grant, he shall —
i
give notice of his intention to the Commissioners (and such notice shall contain a declaration of the nature and extent of that interest), and
ii
not vote at a meeting of the Commissioners on any resolution concerning that lease or grant.
Consequentials
10
1
In article 14(3) of the Principal Order (resignation of Commissioner), the words “Boat-owners Commissioner or Fish Merchant Commissioner” shall be substituted for the words “Mortgage Commissioner or Boat-owners Commissioner”.
2
In article 15 of the Principal Order (casual vacancies):
a
in paragraph (1), the words “other than the Fish Merchant Commissioner” shall be inserted after the words “the Commissioners” where those words first occur; and
b
after paragraph (1), the following paragraph shall be inserted —
1A
In the event of a casual vacancy occurring in the office of Fish Merchant Commissioner by reason of death or resignation or otherwise the Commissioners, other than the Boat-owners Commissioners, shall as soon as may be thereafter at a meeting of the Commissioners elect a person duly qualified as aforesaid to fill the vacancy and the Commissioner so elected shall continue in office for the same period and retire from office at the same time as the person whose vacancy he fills would in the ordinary course have continued in or retired from office but shall be eligible for re-election.
.
Revocation
11
Articles 10(2), (3) and (5), 11 and 13 of the Principal Order are hereby revoked.
Tony Baldry
Minister of State, Ministry of Agriculture, Fisheries and Food
5th February 1996


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Adjudication) and Child Support Amendment (No. 2) Regulations 1996 and shall come into force on 21st October 1996.
2
In these Regulations:
“the Adjudication Regulations ” means the Social Security (Adjudication) Regulations 1995 ;
“the Appeal Regulations ” means the Child Support Appeal Tribunals (Procedure) Regulations 1992 .
Amendment of regulation 1 of the Adjudication Regulations
2
In paragraph (2) of regulation 1 of the Adjudication Regulations (citation, commencement and interpretation) after the definition of “claimant” there shall be inserted the following definition —
“clerk to the tribunal” means, as the case may be, a clerk to a social security appeal tribunal, a clerk to a disability appeal tribunal or a clerk to a medical appeal tribunal appointed in accordance with section 41, 43, or 50 of and paragraph 3 of Schedule 2 to, the Administration Act, or a person acting as the clerk to a medical board or a special medical board constituted in accordance with these Regulations;
.
Amendment of regulation 2 of the Adjudication Regulations
3
After sub-paragraph (a) of paragraph (1) of regulation 2 of the Adjudication Regulations (procedure in connection with determinations; and right to representation) there shall be inserted the following sub-paragraphs —
aa
the chairman of a tribunal or board may give directions requiring any party to the proceedings to comply with any provision of these Regulations and may further at any stage of the proceedings either of his own motion or on a written application made to the clerk to the tribunal by any party to the proceedings give such directions as he may consider necessary or desirable for the just, effective and efficient conduct of the proceedings and may direct any party to provide such further particulars or to produce such documents as may reasonably be required;
ab
where under these Regulations the clerk to the tribunal is authorised to take steps in relation to the procedure of the tribunal or board, he may give directions requiring any party to the proceedings to comply with any provision of these Regulations;
.
Amendment of regulation 3 of the Adjudication Regulations
4
1
Regulation 3 of the Adjudication Regulations (manner of making applications, appeals or references; and time limits) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1) after the words “in writing” there shall be inserted the words “and, in the case of an appeal, shall be on a form approved by the Secretary of State”.
3
For paragraph (3) there shall be substituted the following paragraph —
3
The time specified by this regulation and Schedule 2 for the making of any application, appeal or reference (except an application to the chairman of an appeal tribunal, a medical appeal tribunal or a disability appeal tribunal for leave to appeal to a Commissioner) may be extended, even though the time so specified may already have expired —
a
in the case of an application or reference, for special reasons;
b
in the case of an appeal, provided the conditions set out in paragraphs (3A) to (3E) are satisfied; and any application for an extension of time under this paragraph shall be made to and determined by the person or body to whom the application, appeal or reference is sought to be made or, in the case of a tribunal or board, its chairman.
.
4
For paragraph (5) there shall be substituted the following paragraph —
5
Any application, appeal or reference under these Regulations shall contain the following particulars —
a
in the case of an appeal, the date of the notification of the decision against which the appeal is made, the claim or question under the Acts to which the decision relates, and a summary of the arguments relied on by the person making the appeal to support his contention that the decision was wrong;
b
in the case of an application under paragraph (3) for an extension of time in which to appeal, in relation to the appeal which it is proposed to bring, the particulars required under sub-paragraph (a) together with particulars of the special reasons on which the application is based;
c
in the case of any other application or any reference, the grounds on which it is made or given.
.
5
At the end of paragraph (5) there shall be inserted the following paragraph —
5A
Where an appeal is not made on the form approved for the time being, but is made in writing and contains all the particulars required under paragraph (5), the chairman of the tribunal may treat that appeal as duly made.
.
6
For paragraph (6) there shall be substituted the following paragraphs —
6
Where it appears —
a
to the chairman of a tribunal or board or the clerk to the tribunal that an application, appeal or reference which is made to him or to the tribunal or board; or
b
to the Secretary of State or an adjudication officer that an application or reference which is made to him,
does not contain the particulars required under paragraph (5), he may direct the person making the application, appeal or reference to provide such particulars.
6A
Where further particulars are required under paragraph (6), the chairman of the tribunal or board, the clerk to the tribunal, the Secretary of State or the adjudication officer, as the case may be, may extend the time specified by this regulation and Schedule 2 for making the application, appeal or reference by a period of not more than 14 days.
6B
Where further particulars are required under paragraph (6), in the case of an appeal they shall be sent or delivered to the clerk to the tribunal within such period as the chairman or the clerk to the tribunal may direct.
6C
The date of an appeal shall be the date on which all the particulars required under paragraph (5) are received by the clerk to the tribunal.
.
Amendment of regulation 4 of the Adjudication Regulations
5
1
Regulation 4 of the Adjudication Regulations (oral hearings and inquiries) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (2) for the words “Reasonable notice (being not less than 10 days” there shall be substituted the words “Except where paragraph (2C) applies, not less than 7 days notice”.
3
After paragraph (2) there shall be inserted the following paragraphs —
2A
The chairman of an appeal tribunal, a medical appeal tribunal or a disability appeal tribunal may give notice for the determination forthwith, in accordance with the provisions of these Regulations, of an appeal notwithstanding that a party to the proceedings has failed to indicate his availability for a hearing or to provide all the information which may have been requested, if the chairman is satisfied that such party —
a
has failed to comply with a direction regarding his availability or requiring information under regulation 2(1)(aa) or (ab); and
b
has not given any explanation for his failure to comply with such a direction; provided that the chairman is satisfied that the tribunal has sufficient particulars in order for the appeal to be determined.
2B
the chairman of an appeal tribunal, a medical appeal tribunal or a disability appeal tribunal may give notice for the determination forthwith, in accordance with the provisions of these Regulations, of an appeal which he believes has no reasonable prospect of success.
2C
Any party to the proceedings may waive his right to receive not less than 7 days notice of the time and place of any oral hearing as specified in paragraph (2).
.
4
In paragraph (3) —
a
for the words “shall fail to appear” there shall be substituted the words “fails to appear”;
b
after the words “including any explanation offered for the absence” there shall be inserted the words “and where applicable the circumstances set out in sub-paragraphs (a) or (b) of paragraph (2A)”.
c
for the words “proceed with the case of inquiry” there shall be substituted the words “proceed with the hearing or inquiry”;
5
After paragraph (3) there shall be inserted the following paragraph —
3A
If a party to the proceedings has waived his right to be given notice under paragraph (2C) the adjudicating authority or the person holding the inquiry or hearing may proceed with the hearing or inquiry notwithstanding his absence.
.
Amendment of regulation 5 of the Adjudication Regulations
6
1
Regulation 5 of the Adjudication Regulations (postponement and adjournment) shall be amended in accordance with the following provisions of this regulation.
2
For paragraph (1) there shall be substituted the following paragraph —
1
Where a person to whom notice of an oral hearing or inquiry has been given wishes to request a postponement of that hearing or inquiry —
a
in the case of an oral hearing by an adjudicating authority, he shall do so in writing to the clerk to the tribunal stating his reasons for the request, and the clerk to the tribunal may grant or refuse the request as he thinks fit or may pass the request to the chairman, who may grant or refuse the request as he thinks fit;
b
in the case of an inquiry, he shall do so in writing to the person appointed to hold the inquiry stating his reasons for the request, and the person appointed may grant or refuse the request as he thinks fit.
.
3
In paragraph (2), there shall be inserted after the words “A chairman” the words “or the clerk to the tribunal”.
Amendment of regulation 6 of the Adjudication Regulations
7
1
Regulation 6 of the Adjudication Regulations (withdrawal of applications, appeals and references) shall be amended in accordance with the following provisions of this regulation.
2
For sub-paragraph (a) of paragraph (2) there shall be substituted the following sub-paragraph —
a
before the hearing begins, provided that, in the case of a tribunal or board, the clerk to the tribunal has not received any notice under paragraph (2A), by giving written notice of intention to withdraw to the adjudicating authority to whom the appeal was made and with the consent in writing of any other party to the proceedings other than —
i
in a case which originated in a decision of an adjudication officer, an adjudication officer;
ii
in any other case, the Secretary of State; or
.
3
After paragraph (2) there shall be inserted the following paragraph —
2A
An appeal to a tribunal or board shall not be withdrawn under sub-paragraph (a) of paragraph (2) if the clerk to the tribunal has previously received notice opposing a withdrawal of such appeal from —
a
in a case which originated in a decision of an adjudication officer, an adjudication officer; or
b
in any other case, the Secretary of State.
.
Amendment of regulation 7 of the Adjudication Regulations
8
1
Regulation 7 of the Adjudication Regulations (striking-out of proceedings for want of prosecution) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1) —
a
there shall be inserted after the words “a direction given by the chairman” the words “or the clerk to the tribunal”;
b
there shall be substituted for the words “regulation 2(1)(a)” the words “regulation 2(1)(aa) or (ab)”.
3
After paragraph (1) there shall be inserted the following paragraphs —
1A
Where the chairman decides not to strike out an appeal under paragraph (1) he shall consider whether the appeal should be determined forthwith in accordance with these Regulations.
1B
Where the chairman decides that an appeal should not be determined forthwith under paragraph (1A) he shall consider whether he should make further directions with a view to expediting the hearing of the appeal.
.
4
After paragraph (2) there shall be inserted the following paragraph —
2A
Paragraph (2) shall not apply where the address of the person against whom it is proposed that an order under paragraph (1) should be made is unknown to the chairman or to the clerk to the tribunal and cannot be ascertained by reasonable enquiry.
.
5
In paragraph (3) —
a
there shall be substituted for the words “12 months” the words “3 months”;
b
after the words “paragraph (1)” where they appear for the second time there shall be added the words “, if he is satisfied that the party concerned did not receive a notice under paragraph (2) and that the conditions in paragraph (2A) were not met”.
Amendment of regulation 10 of the Adjudication Regulations
9
After paragraph (1) of regulation 10 of the Adjudication Regulations (setting aside decisions on certain grounds) there shall be inserted the following paragraph —
1A
In determining whether it is just to set aside a decision on the ground set out in paragraph (1)(b), the adjudicating authority shall determine whether the party making the application gave notice that he wished an oral hearing to be held, and if that party did not give such notice the adjudicating authority shall not set the decision aside unless it is satisfied that the interests of justice manifestly so require.
.
Amendment of regulation 22 of the Adjudication Regulations
10
For paragraph (1) of regulation 22 of the Adjudication Regulations (oral hearing of appeals and references) there shall be substituted the following paragraphs —
1
Where an appeal or reference is made to an appeal tribunal, the clerk to the tribunal shall direct every party to the proceedings to notify him if that party wishes an oral hearing of that appeal or reference to be held.
1A
A notification under paragraph (1) shall be in writing and shall be made within 10 days of receipt of the direction from the clerk to the tribunal or within such other period as the clerk to the tribunal or the chairman of the tribunal may direct.
1B
Where the clerk to the tribunal receives notification in accordance with paragraph (1A) the appeal tribunal shall hold an oral hearing.
1C
The chairman of an appeal tribunal may of his own motion require an oral hearing to be held if he is satisfied that such a hearing is necessary to enable the tribunal to reach a decision.
.
Amendment of regulation 23 of the Adjudication Regulations
11
1
Regulation 23 of the Adjudication Regulations (decisions of appeal tribunals) shall be amended in accordance with the following provisions of this regulation.
2
For paragraph (2) there shall be substituted the following paragraph —
2
Every decision of an appeal tribunal shall be recorded in summary by the chairman in such written form of decision notice as shall have been approved by the President, and such decision notice shall be signed by the chairman.
.
3
For paragraph (3) there shall be substituted the following paragraphs —
3
As soon as may be practicable after a case has been decided by an appeal tribunal, a copy of the decision notice made in accordance with paragraph (2) shall be sent or given to every party to the proceedings who shall also be informed of —
a
his right under paragraph (3C); and
b
the conditions governing appeals to a Commissioner.
3A
A statement of the reasons for the tribunal’s decision and of its findings on questions of fact material thereto may be given —
a
orally at the hearing; or
b
in writing at such later date as the chairman may determine.
3B
Where the statement referred to in paragraph (3A) is given orally, it shall be recorded in such medium as the chairman may determine.
3C
A copy of the statement referred to in paragraph (3A) shall be supplied to the parties to the proceedings if requested by any of them within 21 days after the decision notice has been sent or given, and if the statement is one to which sub-paragraph (a) of that paragraph applies, that copy shall be supplied in such medium as the chairman may direct.
3D
If a decision is not unanimous, the statement referred to in paragraph (3A) shall record that one of the members dissented and the reasons given by him for dissenting.
.
4
In paragraph (4) the words “(which may take the form of a transcript or tape)” shall be omitted.
Amendment of regulation 29 of the Adjudication Regulations
12
1
Regulation 29 of the Adjudication Regulations (procedure for disability appeal tribunals) shall be amended in accordance with the following provisions of this regulation.
2
For paragraph (1) there shall be substituted the following paragraphs —
1
Where an appeal is made to a disability appeal tribunal, the clerk to the tribunal shall direct every party to the proceedings to notify him if that party wishes an oral hearing of that appeal to be held.
1A
A notification under paragraph (1) shall be in writing and shall be made within 10 days of receipt of the direction from the clerk to the tribunal or within such other period as the clerk to the tribunal or the chairman of the tribunal may direct.
1B
Where the clerk to the tribunal receives notification in accordance with paragraph (1A) the disability appeal tribunal shall hold an oral hearing.
1C
The chairman of a disability appeal tribunal may of his own motion require an oral hearing to be held if he is satisfied that such a hearing is necessary to enable the tribunal to reach a decision.
.
3
For paragraph (5) there shall be substituted the following paragraph —
5
Every decision of a disability appeal tribunal shall be recorded in summary by the chairman in such written form of decision notice as shall have been approved by the President, and such decision notice shall be signed by the chairman.
.
4
For paragraph (6) there shall be substituted the following paragraphs —
6
As soon as may be practicable after a case has been decided by a disability appeal tribunal, a copy of the decision notice made in accordance with paragraph (5) shall be sent or given to every party to the proceedings who shall also be informed of —
a
his right under paragraph (6C); and
b
the conditions governing appeals to a Commissioner.
6A
A statement of the reasons for the tribunal’s decision and of its findings on questions of fact material thereto may be given —
a
orally at the hearing; or
b
in writing at such later date as the chairman may determine.
6B
Where the statement referred to in paragraph (6A) is given orally, it shall be recorded in such medium as the chairman may determine.
6C
A copy of the statement referred to in paragraph (6A) shall be supplied to the parties to the proceedings if requested by any of them within 21 days after the decision notice has been sent or given, and if the statement is one to which sub-paragraph (a) of that paragraph applies, that copy shall be supplied in such medium as the chairman may direct.
6D
If a decision is not unanimous, the statement referred to in paragraph (6A) shall record that one of the members dissented and the reasons given by him for dissenting.
.
5
In paragraph (7) the words “(which may take the form of a transcript or a tape)” shall be omitted.
Amendment of regulation 38 of the Adjudication Regulations
13
1
Regulation 38 of the Adjudication Regulations (medical appeal tribunals) shall be amended in accordance with the following provisions of this regulation.
2
For paragraph (1) there shall be substituted the following paragraphs —
1
Where an appeal or reference is made to a medical appeal tribunal, the clerk to the tribunal shall direct every party to the proceedings to notify him if that party wishes an oral hearing of that appeal or reference to be held.
1A
A notification under paragraph (1) shall be in writing and shall be made within 10 days of receipt of the direction from the clerk to the tribunal or within such other period as the clerk to the tribunal or the chairman of the tribunal may direct.
1B
Where the clerk to the tribunal receives notification in accordance with paragraph (1A) the medical appeal tribunal shall hold an oral hearing.
1C
The chairman of a medical appeal tribunal may of his own motion require an oral hearing to be held if he is satisfied that such a hearing is necessary to enable the tribunal to reach a decision.
.
3
For paragraph (4) there shall be substituted the following paragraph —
4
Every decision of a medical appeal tribunal shall be recorded in summary by the chairman in such written form of decision notice as shall have been approved by the President, and such decision notice shall be signed by the chairman.
.
4
For paragraph (5) there shall be substituted the following paragraphs —
5
As soon as may be practicable after a case has been decided by a medical appeal tribunal, a copy of the decision notice made in accordance with paragraph (4) shall be sent or given to every party to the proceedings who shall also be informed of —
a
his right under paragraph (5C); and
b
the conditions governing appeals to a Commissioner.
5A
A statement of the reasons for the tribunal’s decision and of its findings on questions of fact material thereto may be given —
a
orally at the hearing; or
b
in writing at such later date as the chairman may determine.
5B
Where the statement referred to in paragraph (5A) is given orally, it shall be recorded in such medium as the chairman may determine.
5C
A copy of the statement referred to in paragraph (5A) shall be supplied to the parties to the proceedings if requested by any of them within 21 days after the decision notice has been sent or given, and if the statement is one to which sub-paragraph (a) of that paragraph applies, that copy shall be supplied in such medium as the chairman may direct.
5D
If a decision is not unanimous, the statement referred to in paragraph (5A) shall record that one of the members dissented and the reasons given by him for dissenting.
.
5
In paragraph (6) the words “(which may take the form of a transcript or a tape)” shall be omitted.
Amendment of regulation 3 of the Appeal Regulations
14
1
Regulation 3 of the Appeal Regulations (making an appeal or application and time limits) shall be amended in accordance with the following provisions of this regulation.
2
For paragraph (1A) there shall be substituted the following paragraph —
1A
An appeal or application of a kind mentioned in paragraph (1) shall be by notice in writing, and, in the case of an appeal, shall be on a form approved by the Secretary of State and shall be signed by the person making it, or by his representative where it appears to a chairman that he was unable to sign it personally, or by a barrister, advocate or solicitor on his behalf.
.
3
For paragraph (9) there shall be substituted the following paragraphs —
9
A notice of appeal shall contain particulars of the date of the notification of the decision against which the appeal is made, the subject matter of the decision and a summary of the arguments relied on by the person making the appeal to support his contention that the decision was wrong.
9A
Where the notice referred to in paragraph (9) is not made on the form approved for the time being, but is made in writing and contains all the particulars required by paragraph (9), a chairman may treat that appeal as duly made
.
4
In paragraph (10) the words “appeal or” shall be omitted.
5
For paragraph (11) there shall be substituted the following paragraphs —
11
Where it appears to a chairman or the clerk to the tribunal that the notice of appeal does not contain the particulars required under paragraph (9), or that the notice of application does not contain the particulars required under paragraph (10), he may direct the person making the appeal or application to furnish those further particulars.
11A
Where further particulars are required under paragraph (11), in the case of an appeal they shall be sent or delivered to the clerk to the tribunal at the Central Office within such period as a chairman or the clerk to the tribunal may direct.
11B
The date of an appeal or application shall be the date on which all the particulars required under paragraph (9) are received in the Central Office.
.
Amendment of regulation 5 of the Appeal Regulations
15
Regulation 5 of the Appeal Regulations (directions) shall be renumbered paragraph (1) of that Regulation and after that paragraph there shall be added the following paragraph —
2
Where under these Regulations the clerk to the tribunal is authorised to take steps in relation to the procedure of the tribunal, he may give directions requiring any party to the proceedings to comply with any provision of these Regulations.
.
Amendment of regulation 6 of the Appeal Regulations
16
1
Regulation 6 of the Appeal Regulations (striking out of proceedings) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1) for the words “a direction under regulation 3(11) or 5 or to reply to an enquiry from the clerk to the tribunal about his availability to attend a hearing” there shall be substituted the words “a direction under regulation 3(11), 5(1) or (2)”.
3
After paragraph (1) there shall be inserted the following paragraphs —
1A
Where a chairman decides not to strike out an appeal or application under paragraph (1) he shall consider whether the appeal or application should be determined forthwith in accordance with these Regulations.
1B
Where a chairman decides that an appeal or application should not be determined forthwith under paragraph (1A) he shall consider whether he should make further directions with a view to expediting the hearing of the appeal or application.
.
4
After paragraph (2) there shall be inserted the following paragraph —
2A
Paragraph (2) shall not require a notice to be sent to a party, including a person against whom it is proposed that an order under paragraph (1) should be made, where his address is unknown to the chairman or the clerk to the tribunal and cannot be ascertained by reasonable enquiry.
.
5
In paragraph (3) —
a
for the words “one year” there shall be substituted the words “3 months”;
b
after the words “that order” there shall be added the words “if he is satisfied that the party concerned did not receive a notice under paragraph (2) and that the conditions in paragraph (2A) were not met”.
Amendment of regulation 7 of the Appeal Regulations
17
1
Regulation 7 of the Appeal Regulations (withdrawal of appeals and applications) shall be amended in accordance with the following provisions of this regulation.
2
For sub-paragraph (b) of paragraph (1) there shall be substituted the following sub-paragraph —
b
at any other time, provided that the clerk to the tribunal has not received notice under paragraph (1A), by giving written notice of intention to withdraw to the clerk to the tribunal and either —
i
with the consent in writing of every other party to the proceedings other than the child support officer; or
ii
with the leave of the chairman after every other party to the proceedings other than the child support officer has had a reasonable opportunity to make representations.
.
3
After paragraph (1) there shall be inserted the following paragraph —
1A
An appeal shall not be withdrawn under sub-paragraph (b) of paragraph (1) if the clerk to the tribunal has previously received notice opposing a withdrawal of such appeal from the child support officer.
.
Amendment of regulation 8 of the Appeal Regulations
18
1
Regulation 8 of the Appeal Regulations (postponement) shall be amended in accordance with the following provisions of this regulation.
2
For paragraph (1) there shall be substituted the following paragraph —
1
Where a person to whom notice of a hearing has been given wishes to request a postponement of that hearing he shall do so in writing to the clerk to the tribunal stating his reasons for the application, and the clerk to the tribunal may grant or refuse the application as he thinks fit or may pass the application to a chairman, who may grant or refuse the application as he thinks fit.
.
3
In paragraph (2) there shall be inserted after the words “A chairman” the words “or the clerk to the tribunal”.
Amendment of regulation 11 of the Appeal Regulations
19
1
Regulation 11 of the Appeal Regulations (hearings) shall be amended in accordance with the following provisions of this regulation.
2
For paragraph (1) there shall be substituted the following paragraphs —
1
Where an appeal or application is made to a tribunal, the clerk to the tribunal shall direct every party to the proceedings to notify him if that party wishes an oral hearing of that appeal or application to be held.
1A
A notification under paragraph (1) shall be in writing and shall be made within 21 days of receipt of the direction from the clerk to the tribunal or within such other period as the clerk to the tribunal or a chairman may direct.
1B
Where the clerk to the tribunal receives notification in accordance with paragraph (1A) the tribunal shall hold an oral hearing.
1C
A chairman may of his own motion require an oral hearing to be held if he is satisfied that such a hearing is necessary to enable the tribunal to reach a decision.
1D
Subject to the provisions of the Act and of these Regulations the procedure in connection with an oral hearing shall be such as the chairman shall determine.
.
3
In paragraph (2) —
a
at the beginning, there shall be inserted the words “Except where paragraph (2C) applies,”;
b
for the words “the time and place of any hearing” there shall be substituted the words “the time and place of any oral hearing”;
4
After paragraph (2) there shall be inserted the following paragraphs —
2A
A chairman may give notice for the determination forthwith, in accordance with the provisions of the Act and these Regulations, of an appeal or application notwithstanding that a party to the proceedings has failed to indicate his availability for a hearing or to provide all the information which may have been requested, if the chairman is satisfied that such party —
a
has failed to comply with a direction regarding his availability or requiring information under regulation 3(11), 5(1) or (2); and
b
has not given any explanation for his failure to comply with such a direction; provided that the chairman is satisfied that the tribunal has sufficient particulars in order for the appeal or application to be determined.
2B
A chairman may give notice for the determination forthwith, in accordance with the provisions of these Regulations, of an appeal or application which he believes has no reasonable prospect of success.
2C
Any party to the proceedings may waive his right to receive not less than 10 days notice of the time and place of any oral hearing as specified in paragraph (2).
.
5
In paragraph (6) after the words “including any explanation offered for the absence” there shall be inserted the words “and where applicable the circumstances set out in sub-paragraphs (a) or (b) of paragraph (2A)”.
6
After paragraph (6) there shall be inserted the following paragraph —
6A
Where any party to the proceedings has waived his right to be given notice under paragraph (2C) the tribunal may proceed with the hearing notwithstanding his absence.
.
Amendment of regulation 13 of the Appeal Regulations
20
1
Regulation 13 of the Appeal Regulations (decisions) shall be amended in accordance with the following provisions of this regulation.
2
For paragraph (2) there shall be substituted the following paragraph —
2
Every decision of a tribunal shall be recorded in summary by the chairman in such written form of decision notice as shall have been approved by the President, and such decision notice shall be signed by the chairman.
.
3
For paragraphs (3) and (3A) there shall be substituted the following paragraphs —
3
As soon as may be practicable after a case has been decided by a tribunal, a copy of the decision notice made in accordance with paragraph (2) shall be sent or given to every party to the proceedings who shall also be informed of —
a
his right under paragraph (3C); and
b
the conditions governing appeals to a Commissioner.
3A
A statement of the reasons for the tribunal’s decision, of its findings on questions of fact material thereto and of the terms of any direction under section 20(4) of the Act may be given —
a
orally at the hearing; or
b
in writing at such later date as the chairman may determine.
3B
Where the statement referred to in paragraph (3A) is given orally, it shall be recorded in such medium as the chairman may determine.
3C
A copy of the statement referred to in paragraph (3A) shall be supplied to the parties to the proceedings if requested by any of them within 21 days after the decision notice has been sent or given and if the statement is one to which sub-paragraph (a) of that paragraph applies, that copy shall be supplied in such medium as the chairman may direct.
3D
If a decision is not unanimous, the statement referred to in paragraph (3A) shall record that one of the members dissented and the reasons given by him for dissenting.
3E
A record of the proceedings at the hearing may be made by the chairman in such medium as he may direct and preserved by the clerk to the tribunal for 18 months, and a copy of such record shall be supplied to the parties if requested by any of them within that period.
.
Amendment of regulation 15 of the Appeal Regulations
21
After paragraph (1) of regulation 15 of the Appeal Regulations (setting aside) there shall be inserted the following paragraph —
1A
In determining whether it is just to set aside a decision on the ground set out in paragraph (1)(b) the tribunal shall determine whether the party making the application gave notice that he wished an oral hearing to be held, and if the party did not give such notice the tribunal shall not set the decision aside unless it is satisfied that there has been some procedural irregularity or mishap.
.
Saving Provision
22
In a case where an appeal, application or reference was made before the date on which these Regulations come into force, regulations 3, 7(3), 22, 29(1) and 38(1) of the Adjudication Regulations and regulations 3, 6(3), and 11(1) of the Appeal Regulations shall apply as if these Regulations had not been made.
Signed by authority of the Secretary of State for Social Security.
Roger Evans
Parliamentary Under-Secretary of State,
Department of Social Security
23rd September 1996


text:
Part I —
Preliminary
Citation and commencement
1
These Regulations may be cited as the Private Crossings (Signs and Barriers) Regulations 1996 and shall come into force on 1st August 1996.
Interpretation
2
1
In these Regulations, where the context so admits, the following expressions have the meanings hereby respectively assigned to them: —
“crossing” means a level crossing;
“crossing operator” means an operator of a railway or tramway that is crossed in any place by a relevant road or a private path;
“relevant road” means a private road that crosses, or a private road and a private path that cross, a railway or tramway;
“retroreflecting material” means material which reflects a ray of light back towards the source of that light;
“sign” includes a road marking and a light signal;
“the 1992 Act ” means the Transport and Works Act 1992;
“the 1994 Regulations ” means the Traffic Signs Regulations and General Directions 1994 .
2
Except where otherwise provided, any reference in these Regulations to a numbered regulation or Schedule shall be construed as a reference to the regulation or Schedule bearing that number in these Regulations and any reference in these Regulations to a numbered diagram shall be construed as a reference to the diagram bearing that number in Schedule 1 to these Regulations.
Part II —
General Provisions
Signs to be of the size, colour and type shown in diagrams
3
Subject to the provisions of these Regulations, for the purposes of section 52 of the 1992 Act, a crossing operator may cause or permit the placement on or near the relevant road or private path of a sign of a size, colour and type described and shown —
a
in a diagram in Schedule 1; or
b
in a diagram in Schedule 3 to the 1994 Regulations; or
c
in one of the diagrams numbered 601.1, 602, 953.1 and 953.2, 963.3, 966, 971, 1001, 1002.1, 1003, 1003.2, 1004, 1004.1, 1005, 1005.1, 1008, 1008.1, 1010, 1012.1, 1013.1, 1014, 1022, 1023, 1026, 1045, 3000.3, 3000.4, 3000.5, 3000.6, 3013, 3013.1, 3013.2, 3013.3, 3013.4, 3013.5 and 3014 in Schedules 2, 5, 6 and 8 to the 1994 Regulations.
Part III —
Signs shown in Schedule 1
Colours of backs of signs
4
The back of any sign shown in a diagram in Schedule 1 and any post or other structure specially provided for mounting the sign shall be coloured black or grey.
Dimensions
5
1
Any variation in a dimension specified in Schedule 1 shall be treated as permitted by these Regulations if the variation is not more than 5% more or less than the dimension specified.
2
In the diagrams in Schedule 1 the dimensions given are expressed in millimetres.
Permitted variants
6
1
Where the circumstances so require the indication given by a sign shown in a diagram in Schedule 1 may be varied in the respect (if any) shown below the diagram relating to that sign.
2
Where a sign in a diagram in Schedule 1 contains an indication as to the penalty relating to a failure to obey the requirements on that sign, the indication of the penalty may be varied when necessary to accord with changes in the legislation governing the nature and level of penalty.
Illumination of signs
7
1
Subject to paragraphs (2) and (3) of this regulation all parts other than the back of every sign shown in a diagram in Schedule 1 shall be illuminated by means of retroreflecting material.
2
No retroreflecting material shall be applied to —
a
any part of a sign coloured black; or
b
the red and green lights in the signs shown in diagrams 107 and 108 and prescribed in regulation 8.
3
Retroreflecting material need not be applied to a sign at a crossing which is not used by motor vehicles.
Miniature stop lights
8
1
The signs shown in diagrams 107 and 108 shall contain red and green lamps which are internally illuminated by a steady light in such a manner that —
a
when one light is illuminated the other is not illuminated;
b
the green lamp is and remains illuminated for so long as no railway or tramway vehicle is approaching the vicinity of the crossing from either direction; and
c
the red lamp is and remains illuminated for so long as the green lamp is not illuminated.
2
The lenses of the lamps shall be —
a
circular and not less than 60 millimetres in diameter;
or
b
rectangular with each side measuring not less than 60 millimetres;
and the distance between the edges of the lenses of the green lamp and the red lamp shall be not less than 40 millimetres.
2
The information, warnings, requirements and prohibitions conveyed by the lamps described in paragraphs (1) and (2) shall be as follows —
a
the red lamp when illuminated shall convey the warning that a railway or tramway vehicle is approaching the vicinity of the crossing and the prohibition that persons must not proceed across the crossing;
b
the green lamp when illuminated shall convey the information that no railway or tramway vehicle is approaching the vicinity of the crossing and persons may proceed across the crossing;
c
if neither the red nor green lamp is illuminated persons should either telephone the crossing operator or proceed across the crossing with caution after having ascertained that no railway or tramway vehicle is approaching the vicinity of the crossing in accordance with the instructions shown on the sign.
Part IV —
Signs shown in the 1994 Regulations
Proportions and significance etc. of signs
9
The provisions made by the 1994 Regulations in relation to the proportions, illumination and significance of, and requirements conveyed by, a sign shall have effect where the sign is placed under the authority of these Regulations, as if the relevant road or private path on or near to which it is placed were a road within the meaning of the Road Traffic Regulation Act 1984 .
Part V —
Barriers
Barriers to be of the character described in Schedule 2 or Schedule 3
10
For the purposes of section 52 of the 1992 Act, where a railway or tramway is crossed in any place by a relevant road, the operator of that railway or tramway may cause or permit a barrier to be placed on or near the relevant road near the crossing if it is, in the case of a gate, of the character described in Schedule 2, or, in the case of any other form of barrier, of the character described in Schedule 3.
Part VI —
Signs relating to telephones
Placement of signs relating to telephones
11
The authority which these Regulations give for the placement of signs relating to telephones at a crossing shall only apply where telephones are, or are to be, provided on both sides of the crossing and connected direct to the crossing operator.
Signed by authority of the Secretary of State for Transport
John Watts
Minister of State,
Department of Transport
9th July 1996