text:
PART I
PRELIMINARY
Citation, commencement and interpretation
1
1
This Order may be cited as the Independent Analogue Broadcasters (Reservation of Digital Capacity) Order 1996 and shall come into force on 20th November 1996.
2
In this Order —
a
“the 1990 Act ” means the Broadcasting Act 1990;
b
“the 1996 Act ” means the Broadcasting Act 1996;
c
“the C3/C4 multiplex licence ” means the licence to provide a multiplex service on the frequency designated by the Secretary of State, pursuant to section 28(2) of the 1996 Act, as one of the frequencies to which section 28 applies and in relation to which 48.5 per cent. of the digital capacity is reserved for the Channel 3 companies , 48.5 per cent. for Channel Four and 3 per cent. for the public teletext provider;
d
“the C5/S4C multiplex licence ” means the licence to provide a multiplex service on the frequency designated by the Secretary of State, pursuant to section 28(2) of the 1996 Act, as one of the frequencies to which section 28 applies and in relation to which 50 per cent. of the digital capacity is reserved for the holder of the Channel 5 licence throughout the United Kingdom and 50 per cent. of the digital capacity is reserved for the Welsh Authority for the purposes of broadcasts which may be received wholly or mainly in Wales;
e
“acquisition” includes acquisition on hire or loan;
f
“Channel Four” means the Channel Four Television Corporation;
g
“the Channel 3 companies” means the holders of national or regional Channel 3 licences; and
h
“controlled” shall be construed in accordance with Part I of Schedule 2 to the 1990 Act; and
i
“qualifying company” has the same meaning as in section 24(6) of the 1990 Act.
3
For the purposes of any provision of this Order which refers to a body corporate controlled by two or more persons taken together, the persons in question shall not be regarded as controlling the body corporate by virtue of sub-paragraph 2(h) unless they are acting together in concert.
PART II
THE C3/C4 MULTIPLEX LICENCE
Disapplication of 1996 Act
2
Sections 7, 8, 9 and 10 of the 1996 Act shall not apply to the C3/C4 multiplex licence except as provided in articles 3 and 4, which shall have effect in place of those provisions.
Applications for the Licence
3
1
Where the Commission propose to grant the C3/C4 multiplex licence, they shall publish, in such manner as they consider appropriate, a notice —
a
inviting an application for the licence and specifying the closing date for such an application;
b
specifying the frequency on which the service is to be provided and the area or areas in the United Kingdom in which the frequency is to be available;
c
stating that no percentage of multiplex revenue would be payable by the applicant in pursuance of section 13 of the 1996 Act if he were granted the licence, and
d
containing general guidance as to requirements to be met by proposals as to the matters referred to in paragraphs (i) and (ii) of sub-paragraph (2)(a) and in sub-paragraph (2)(e), and such other general guidance as they consider appropriate.
2
An application for the C3/C4 multiplex licence may be made only by a body corporate controlled by the Channel 3 companies and Channel Four taken together and must be in writing and accompanied by —
a
a technical plan relating to the service which the applicant proposes to provide and indicating —
i
the proposed coverage area of the service,
ii
the timetable in accordance with which that coverage would be achieved, and
iii
the technical means by which it would be achieved;
b
the applicant’s proposals as to the number of digital programme services to be broadcast, as to the characteristics of each of those services and as to the areas in which they would be provided;
c
the applicant’s proposals as to the timetable in accordance with which the broadcasting of each of those services would begin;
d
the applicant’s proposals as to the broadcasting of digital additional services;
e
the applicant’s proposals for promoting or assisting the acquisition, by persons in the proposed coverage area of the service, of equipment capable of receiving all the multiplex services available in that area;
f
the applicant’s proposals for the broadcasting and reception of the Channel 3 services and Channel 4 in digital form and of the qualifying teletext service;
g
such information as the Commission may reasonably require as to the applicant’s present financial position and his projected financial position during the period for which the licence would be in force; and
h
such other information as the Commission may reasonably require for the purpose of considering the application.
3
At any time after receiving such an application and before determining it, the Commission may require the applicant to furnish additional information under paragraph (2).
4
Any information to be furnished to the Commission under paragraphs (2) and (3) shall, if they so require, be in such form or verified in such manner as they may specify.
5
The Commission shall, as soon as reasonably practicable after the date specified under paragraph (1) as the closing date for an application, publish in such manner as they consider appropriate —
a
the name of the person who has made that application to them;
b
the proposals submitted by him under sub-paragraph (2)(b); and
c
such other information connected with his application as the Commission consider appropriate.
Award of Licence
4
1
Where an application for the C3/C4 multiplex licence has been duly made to the Commission in accordance with article 3(2), they may only (subject to sections 3(3) and 5(1) of the 1996 Act) refuse the application if they are not satisfied that —
a
the proposed service would comply with the requirements specified in article 3(1);
b
the applicant would be able to maintain that service throughout the period for which the licence would be in force;
c
the applicant would not charge viewers for the reception of any qualifying service; or
d
the arrangements proposed for the broadcasting of the qualifying teletext service would meet the reasonable requirements of the public teletext provider in relation to the provision of that service.
2
Where the Commission have awarded the C3/C4 multiplex licence to any person in accordance with this article, they shall, as soon as reasonably practicable after awarding the licence —
a
publish in such manner as they consider appropriate —
i
the name of the person to whom the licence has been awarded, and
ii
such other information as the Commission consider appropriate; and
b
grant the licence to that person.
Modifications of 1996 Act
5
1
Sections 11, 12, 13 and 16 of the 1996 Act shall apply to the C3/C4 multiplex licence with the omissions and modifications set out in this article.
2
Section 11 of the 1996 Act shall apply to the C3/C4 multiplex licence with the omission of section 11(3)(b) and (4).
3
Section 12 of the 1996 Act shall apply to the C3/C4 multiplex licence with the following modifications: —
a
as if the references in section 12 to sections 7(4)(b), (c), (d), (e) and (f) were references to sub-paragraphs (a), (b), (c), (d) and (e) of article 3(2), and
b
with the omission of section 12(1)(f).
4
The C3/C4 multiplex licence shall also include such conditions as appear to the Commission to be appropriate for securing the broadcasting of the Channel 3 services and Channel 4 in digital form and of the qualifying teletext service.
5
Section 13(1) of the 1996 Act shall apply to the C3/C4 multiplex licence as if it had been granted in pursuance of a notice under section 7(1) of that Act.
6
Sections 13(2) and (3) of the 1996 Act shall not apply to the C3/C4 multiplex licence.
7
Section 16 of the 1996 Act shall apply to the C3/C4 multiplex licence with the following modifications: —
a
as if the references to section 7(1) were references to article 3(1) and the references to paragraph (f) of section 7(1) were references to sub-paragraph (c) of article 3(1):
b
as if the reference to section 7(2)(b) were omitted;
c
as if the references to section 7(4)(b) and (f) were references to sub-paragraphs (a) and (e) of article 3(2);
d
as if section 16(8) were omitted and replaced by —
“On the grant of such an application the Commission may, with the consent of the Secretary of State, and shall if so required by him, specify a percentage as the percentage of multiplex revenue for each accounting period of his that will be payable by the applicant in pursuance of section 13(1) during the period for which the licence is to be renewed.”; and
e
as if section 16(9) were omitted.
Variation of Channel 3 and Channel Licences
6
1
The Commission shall vary the licences under which the Channel 3 services and Channel 4 are provided in analogue form so as to include such conditions as appear to the Commission to be appropriate for imposing on the holders of such licences, in specified circumstances, an obligation to provide the relevant qualifying service and such other consequential and transitional provisions as the Commission may consider appropriate.
2
The Commission shall also include such conditions in any other licence under which the corresponding analogue service is subsequently provided.
3
The Commission may further vary any licence under which any Channel 3 service is provided by including such transitional provisions as they may determine exempting the holder of that licence from providing his qualifying service during such hours of the day as they may specify throughout any part of the area for which that service is provided for a period not exceeding two years beginning on the date of the variation.
Use of Digital Capacity
7
The holder of the C3/C4 multiplex licence shall not, without the prior consent of the Commission, use any of the digital capacity reserved for the Channel 3 companies and Channel Four by direction of the Secretary of State to the Commission under section 28(2)(b)(ii) of the 1996 Act for the broadcasting of any digital programme services or digital additional services provided under licences which are not held by any of the Channel 3 companies, or by any body corporate controlled by a Channel 3 company, or by more than one of the Channel 3 companies taken together, or by a qualifying company controlled by Channel Four.
PART III
THE C5/S4C MULTIPLEX LICENCE
Applications for the licence
8
1
The notice published by the Commission under section 7(1) of the 1996 Act in respect of the C5/S4C multiplex licence shall, in addition to the matters set out in that section, specify the amount of digital capacity reserved in accordance with a direction of the Secretary of State to the Commission under section 28(2)(b)(ii) of the 1996 Act for the broadcasting of Channel 5 in digital form and of S4C Digital on the frequency on which the multiplex service is to be provided.
2
A application made in pursuance of the notice referred to in paragraph (1) shall, in addition to the matters set out in section 7(4) of the 1996 Act, be accompanied by the applicant’s proposals for the broadcasting of Channel 5 in digital form and of S4C Digital.
3
Where an application for the C5/S4C multiplex licence has been duly made to the Commission in accordance with section 7 of the 1996 Act and with paragraph (2), they may, without prejudice to section 8 of the 1996 Act, refuse the application if they are not satisfied that the applicant would not charge viewers for the reception of any qualifying service.
Conditions attaching to the licence
9
The C5/S4C multiplex licence shall include, in addition to the conditions referred to in section 12(1) of the 1996 Act, such conditions as appear to be appropriate to the Commission for securing that, in consideration of the making, by the holder of the Channel 5 licence and the Welsh Authority respectively, of such payments as are from time to time agreed between each of them and the holder of the C5/S4C multiplex licence or (in default of agreement) determined by the Commission, the holder of the C5/S4C multiplex licence will use the digital capacity specified in the direction of the Secretary of State referred to in article 8(1) for the broadcasting of services provided by the holder of the Channel 5 licence and by the Welsh Authority.
Variation of Channel 5 licence
10
1
The Commission shall vary the licence under which Channel 5 is provided in analogue form so as to include such conditions as appear to the Commission to be appropriate for imposing on the holder of that licence, in specified circumstances, an obligation to provide his qualifying service and such other consequential and transitional provisions as the Commission may consider appropriate.
2
The Commission shall also include such conditions in any other licence under which Channel 5 is subsequently provided in analogue form.
Virginia Bottomley
Secretary of State for National Heritage
30th October 1996


type: legislation

jurisdiction: UK

text:
Title and commencement
1
This order may be cited as the Fishing Boats (European Economic Community) Designation (Variation) Order 1996 and shall come into force on 29th February 1996.
Variation of the Fishing Boats (European Economic Community) Designation Order 1983
2
The Fishing Boats (European Economic Community) Designation Order 1983 shall be varied by adding, in the appropriate columns of the Schedule thereto, the following countries, areas and descriptions of sea fish —
a
before the entries relating to Belgium —
Austria Any part of British fishery limits outside 12 miles from the baselines All descriptions of sea fish
;
b
after the entry relating to Denmark —
Finland Any part of British fishery limits outside 12 miles from the baselines All descriptions of sea fish
;
c
after the entry relating to Spain —
Sweden Any part of British fishery limits outside 12 miles from the baselines All descriptions of sea fish
.
Tony Baldry
Minister of State, Ministry of Agriculture, Fisheries and Food
5th February 1996
Raymond S. Robertson
Parliamentary Under Secretary of State,
Scottish Office
2nd February 1996
Signed by authority of the Secretary of State for Wales
Rod Richards
Parliamentary Under Secretary of State,
Welsh Office
8th February 1996
Patrick Mayhew
Secretary of State for Northern Ireland
8th February 1996


text:
Commencement and citations
1
This Order may be cited as the A10 Trunk Road (Enfield and Haringey) Red Route (Bus Lanes) (No. 1) Traffic Order 1996, and shall come into force on 14th June 1996.
Interpretation
2
In this Order —
a
a reference to an article followed by a number is a reference to the article of this order so numbered;
b
causing includes permitting;
c
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ; and
d
“vehicle” includes any part of a vehicle.
Bus lane controls
3
1
Except as provided in paragraph (2) of this article, and subject to the provisions of article 4, between the hours of 7:00 a.m. and 10:00 a.m. on Mondays to Fridays (inclusive) no person shall cause any vehicle to enter or proceed in any bus lane specified in the schedule to this Order.
2
The controls specified in paragraph (1) of this article do not apply in respect of: —
a
a bus;
b
a taxi as defined in regulation 4 of the Traffic Signs Regulations and General Directions 1994 ;
c
a pedal cycle.
3
In this article —
a
“bus” means: —
before 1 January 1997
i
a public service vehicle used for the provision of a local service or a scheduled express service,
ii
a school bus, and
iii
a works bus;
after 31 December 1996
i
a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver), and
ii
a local bus not so constructed or adapted; and
at any time a vehicle which
i
is constructed or adapted for the carriage of disabled persons and their companions, and which is being used to provide a service for the carriage of such persons, and
ii
displays so as to be conspicuous from outside the vehicle a disc in a form approved by or with the authority of the Traffic Director for London and containing the words DIAL-A-RIDE;
b
“bus lane” means an area of the carriageway of a road marked with the traffic signs shown in diagrams 1048 and 1049 in schedule 6 to the Traffic Signs Regulations and General Directions 1994; and
c
“local bus”, “local service”, “pedal cycle”, “scheduled express service”, “school bus”, and “works bus” have the meanings given to those expressions in regulation 4 of the Traffic Signs Regulations and General Directions 1994.
Exemptions
4
The controls specified in article 3(1) do not apply to: —
a
a vehicle being used for ambulance, fire brigade or police purposes;
b
a vehicle being used in the service of a local authority for the purpose of collecting refuse from premises adjacent to a bus lane;
c
a vehicle being used in connection with the removal of any obstructions to traffic;
d
a vehicle being used in connection with the maintenance, improvement or reconstruction of a bus lane;
e
a vehicle entering a bus lane so as to avoid an accident;
f
a vehicle entering a bus lane to get or give help in consequence of an accident or an emergency or otherwise taking action for public safety;
g
a vehicle which bears the Royal Mail livery for so long as may be required for the purpose of collection or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters;
h
a vehicle entering and forthwith leaving a bus lane in order to gain access to or egress from any road adjacent to that bus lane or any vehicular accessway to premises adjacent to the bus lane or crossing over the footway adjacent to the bus lane;
i
anything done with the permission or at the direction of a police constable in uniform or a traffic warden;
j
a vehicle being driven so as to enter and forthwith leave the bus lane for the purpose of parking in, or driving from, the designated parking place nearest to the point at which the vehicle enters, or leaves, the bus lane.
Revocation or variation of existing Orders
5
The Enfield and Haringey (Bus Lanes) (No.1) Traffic Order 1984 ( GLC TMO 1984 No. 193) is hereby revoked, in so far as its provisions relate to any part of the trunk road red route.
TRO 134
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
3rd June 1996


text:
Title and Commencement
1
This Order may be cited as the Medicines (Veterinary Drugs) (Pharmacy and Merchants' List) (Amendment) Order 1996 and shall come into force on 1st January 1997.
Amendment
2
The Medicines (Veterinary Drugs) (Pharmacy and Merchants' List) Order 1992 shall be amended so as to substitute for Schedules 1 to 5 the Schedules numbered 1 to 5 set out in the Schedule to this Order.
Signed by authority of the Secretary of State for Health
Gerald Malone
Minister of State,
Department of Health
4th December 1996
Lindsay
Parliamentary Under Secretary of State, Scottish Office
26th November 1996
Signed by authority of the Secretary of State for Wales
Jonathan Evans
Parliamentary Under Secretary of State, Welsh Office
27th November 1996
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
27th November 1996
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland this
F A Elliott
Permanent Secretary
27th day of November 1996
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland this
P J Small
Permanent Secretary
25th day of November 1996
We consent,
Bowen Wells
Roger Knapman
Two of the Lords Commissioners of Her Majesty’s Treasury
27th November 1996


text:
1
This Instrument may be cited as “The Leeds City Council (Hunslett Viaduct) Scheme 1992 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 Leeds City Council (Hunslet Viaduct) Scheme 1992 (“the Scheme”) is hereby confirmed with modifications.
3
The Scheme as confirmed is set out in the Schedule hereto and copies of the Scheme with its accompanying plans as modified are deposited at the offices of the Department of Transport and at the offices of the Leeds City Council, Legal Services, Room 213, Civic Hall, Leeds LS1 1UR and at the offices of the City Engineer, Leeds City Council, 2nd Floor, Dudley House, 122 Albion Street, Leeds LS2 8JX.
Signed by authority of the Secretary of State for Transport
Pamela Denham
Regional Director Government Office for the North East
22nd January 1996


text:
1
This Order may be cited as the A1 Trunk Road (Islington) (Bus Lanes) Red Route Experimental Order 1996, and shall come into force on 15th March 1996.
2
The A1 Trunk Road (Islington) Red Route (Bus Lanes) Traffic 1993 as amended by the A1 Trunk Road (Islington) (Bus Lanes) Red Route Traffic Order 1993 Variation Order 1994 shall have effect as if: —
a
in article 2, after definition of “Schedule”, there were inserted the following definition —
“vehicle” includes part of a vehicle
b
in article 5, for the words “enter or to proceed” there were substituted the word “be”; and,
c
in article 8, after paragraph (3) there were inserted the following paragraph —
4
Nothing in article 5 shall apply so as to prevent a vehicle being in the bus lane so long as may be necessary —
i
to enable a person to board or alight from the vehicle; or
ii
to enable goods to be loaded onto or be unloaded from the vehicle;
if and in so far as the activity is not prohibited by provisions other than the provision of this order.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
28th February 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the East Glamorgan 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 the Mid Glamorgan Health Authority;
“the Trust” means the East Glamorgan 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 11th 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 interpretation
1
1
This Order may be cited as the Health Service Commissioners (Amendment) Act 1996 (Commencement) Order 1996.
2
In this Order, “ the Act ” means the Health Service Commissioners (Amendment) Act 1996.
Coming into force of the Act
2
1
The Act shall come into force on 1st April 1996.
2
Sections 2(2), 4(2) and 6(1) of the Act shall apply in relation to —
a
action beginning on or after 1st April 1996;
b
action beginning before that date if it can reasonably be said that part of the same action occurs on or after that date.
Stephen Dorrell
One of Her Majesty’s Principal Secretaries of State
27th March 1996


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Credits and Contributions) (Jobseeker’s Allowance Consequential and Miscellaneous Amendments) Regulations 1996 and shall come into force on 7th October 1996.
2
In these Regulations “the Credits Regulations”means the Social Security (Credits) Regulations 1975 .
Amendment of the Credits Regulations
2
1
The Credits Regulations shall be amended in accordance with the following provisions of this regulation.
2
In regulation 2(1) (interpretation) —
a
there are inserted in the appropriate places the following definitions —
“benefit”includes a contribution-based jobseeker’s allowance but not an income-based jobseeker’s allowance;
“contribution-based jobseeker’s allowance”has the same meaning as in the Jobseekers Act 1995 ;
“income-based jobseeker’s allowance”has the same meaning as in the Jobseekers Act 1995;
“jobseeker’s allowance”means an allowance payable under Part I of the Jobseekers Act 1995;
;
b
for the definition of “reckonable year”there is substituted —
“reckonable year”means a year for which the relevant earnings factor of the contributor concerned was sufficient to satisfy —
in relation to short-term incapacity benefit, widowed mother’s allowance, widow’s pension or Category A or Category B retirement pension, paragraph (b) of the second contribution condition specified in relation to that benefit in Schedule 3 to the Contributions and Benefits Act; or
in relation to contribution-based jobseeker’s allowance, the additional condition specified in section 2(3) of the Jobseekers Act 1995;
;
c
for the definition of “relevant benefit year”there is substituted —
“relevant benefit year”has the same meaning as it has —
in relation to short-term incapacity benefit, in paragraph 2(6)(b) of Schedule 3 to the Contributions and Benefits Act; and
in relation to contribution-based jobseeker’s allowance, in section 2(4)(b) of the Jobseekers Act 1995;
;
d
in the definition of “relevant earnings factor” —
i
in paragraph (a) for the words from the beginning to “section 13”there is substituted “if the benefit is a contribution-based jobseeker’s allowance or if the contributions relevant to the benefit under section 21 of the Contributions and Benefits Act”; and
ii
in paragraphs (b) and (c) for “section 13”there is substituted “that section”;
e
the definitions of “charity”, “health authority”, “health board”, “local authority”and “preserved board”are omitted.
3
For regulation 3(1) (general provisions relating to the crediting of contributions and earnings) there is substituted —
1
Any contributions or earnings credited in accordance with these Regulations shall be only for the purpose of enabling the person concerned to satisfy —
a
in relation to short-term incapacity benefit, widowed mother’s allowance, widow’s pension or Category A or Category B retirement pension, the second contribution condition specified in relation to that benefit in Schedule 3 to the Contributions and Benefits Act; or
b
in relation to contribution-based jobseeker’s allowance, the condition specified in section 2(1)(b) of the Jobseekers Act 1995,
and accordingly, where under any of the provisions of these Regulations a person would, but for this paragraph, be entitled to be credited with any contributions or earnings for a year, or in respect of any week in a year, he shall be so entitled for the purposes of any benefit only if and to no greater extent than that by which his relevant earnings factor for that year falls short of the level required to make that year a reckonable year.
.
4
In regulations 7A(2)(a) (credits for invalid care allowance), 7B(3)(a) (credits for disability working allowance) and 7C(4)(a) (credits for family credit) for “regulation 9”there is substituted “regulation 8A or 8B”.
5
In regulation 8(1) (credits on termination of full-time education, training or apprenticeship) for “unemployment benefit”there is substituted “a contribution-based jobseeker’s allowance”.
6
After regulation 8 there is inserted —
Credits for unemployment
8A
1
Subject to regulation 9, for the purposes of entitlement to any benefit by virtue of a person’s earnings or contributions, he shall be entitled to be credited with earnings equal to the lower earnings limit then in force, in respect of each week to which this regulation applies.
2
Subject to paragraph (5) this regulation applies to a week which, in relation to the person concerned, is —
a
a week for the whole of which he was paid a jobseeker’s allowance; or
b
a week for the whole of which he satisfied or was treated as having satisfied the conditions set out in paragraphs (a), (c) and (e) to (h) of section 1(2) of the Jobseekers Act 1995 (conditions for entitlement to a jobseeker’s allowance) and in respect of which he has satisfied the further condition specified in paragraph (3); or
c
a week which would have been a week described in sub-paragraph (b) but for the fact that he was incapable of work for part of it.
3
The further condition referred to in paragraph (2)(b) is that the person concerned —
a
furnished to the Secretary of State notice in writing of the grounds on which he claims to be entitled to be credited with earnings —
i
on the first day of the period for which he claims to be so entitled in which the week in question fell; or
ii
within such further time as may be reasonable in the circumstances of the case; and
b
has provided any evidence required by the Secretary of State that the conditions referred to in paragraph (2)(b) are satisfied.
4
This regulation also applies to a week for the whole of which the conditions set out in paragraphs (a), (c) and (e) to (h) of section 1(2) of the Jobseekers Act 1995 would have been satisfied but for its being a week in respect of which, in accordance with regulation 52(3) (persons treated as engaged in remunerative work) and Part VIII (income and capital) of the Jobseeker’s Allowance Regulations 1996 , there is taken into account any compensation payment referred to in regulation 98(1)(b) of those Regulations.
5
This regulation shall not apply to —
a
a week in respect of which the person concerned was not entitled to a jobseeker’s allowance (or would not have been if he had claimed it) because of section 14 of the Jobseekers Act 1995 (trade disputes); or
b
a week in respect of which, in relation to the person concerned, there was in force a direction under section 16 of that Act (which relates to persons who have reached the age of 16 but not the age of 18 and who are in severe hardship); or
c
a week in respect of which, because of section 19 of that Act, a jobseeker’s allowance was not payable to the person concerned even though he satisfied the conditions for entitlement to that allowance; or
d
a week in respect of which a jobseeker’s allowance was payable to the person concerned only by virtue of regulation 141 of the Jobseeker’s Allowance Regulations 1996 (circumstances in which an income-based jobseeker’s allowance is payable to a person in hardship); or
e
where the person concerned is a married woman, a week in respect of any part of which an election made by her under regulations made under section 19(4) of the Contributions and Benefits Act had effect.
Credits for incapacity for work
8B
1
Subject to regulation 9, for the purposes of entitlement to any benefit by virtue of a person’s earnings or contributions, he shall be entitled to be credited with earnings equal to the lower earnings limit then in force, in respect of each week to which this regulation applies.
2
Subject to paragraphs (3) and (4) this regulation applies to —
a
a week in which, in relation to the person concerned, each of the days —
i
was a day of incapacity for work under section 30C of the Contributions and Benefits Act (incapacity benefit: days and periods of incapacity for work); or
ii
would have been such a day had the person concerned claimed short-term incapacity benefit or maternity allowance within the prescribed time; or
iii
was a day of incapacity for work for the purposes of statutory sick pay under section 151 of the Contributions and Benefits Act and fell within a period of entitlement under section 153 of that Act; or
b
a week for any part of which an unemployability supplement was payable by virtue of Schedule 7 to the Contributions and Benefits Act.
3
Where the person concerned is a married woman, this regulation shall not apply to a week in respect of any part of which an election made by her under regulations made under section 19(4) of the Contributions and Benefits Act had effect.
4
A day shall not be a day to which paragraph (2)(a) applies unless the person concerned has —
a
before the end of the benefit year immediately following the year in which that day fell; or
b
within such further time as may be reasonable in the circumstances of the case,
furnished to the Secretary of State notice in writing of the grounds on which he claims to be entitled to be credited with earnings.
.
7
For regulation 9 (credits for unemployment or incapacity for work) there is substituted —
Crediting of earnings for the purposes of entitlement to short-term incapacity benefit — further conditions
9
Earnings which a person is entitled to be credited with in respect of any week by virtue of regulation 8A or 8B (credits for unemployment or incapacity for work) shall be credited for the purpose of enabling him to satisfy the second contribution condition for entitlement to short-term incapacity benefit only if —
a
in respect of one of the last two complete years before the beginning of the relevant benefit year, that person has an earnings factor of not less than 25 times the lower earnings limit for that year which is derived from earnings upon which primary Class 1 contributions have been paid or treated as paid or from Class 2 contributions; or
b
in respect of any day in, or as the case may be any week falling wholly or partly in, the relevant past year there was payable to that person or, but for the operation of the Social Security (Overlapping Benefits) Regulations 1979 there would have been payable to him any one of the following benefits —
i
short-term incapacity benefit at the higher rate or long-term incapacity benefit;
ii
invalid care allowance;
iii
unemployability supplement under Schedule 7 to the Contributions and Benefits Act or as defined in regulation 2(1) of the Social Security (Overlapping Benefits) Regulations 1979 ; or
c
that person has made a claim (“the earlier claim”) for —
i
short-term incapacity benefit or disability working allowance in respect of a day, or jobseeker’s allowance in respect of a week, in the relevant past year; or
ii
maternity allowance in respect of a maternity allowance period which includes a day in that year,
and in relation to the earlier claim he has satisfied the contribution conditions for short-term incapacity benefit, or would have satisfied those conditions if the earlier claim had been a claim for that benefit; or
d
for the relevant past year that person is entitled to be credited with earnings in respect of any week by virtue of regulation 7; or
e
for the relevant past year that person is entitled to be credited with earnings in respect of any one week which included one or more days specified in regulation 8B(2)(a)(iii) (days of incapacity for work for the purposes of statutory sick pay) being a day or days for which that person would have been entitled to short-term incapacity benefit had he claimed it and had all such days specified in regulation 8B(2)(a)(iii) in the relevant past year been treated for the purposes of that benefit as days of incapacity for work.
.
8
In regulation 9A (credits for persons approaching pensionable age) paragraph (4) is omitted.
Amendment of the Social Security (Contributions) Regulations 1979
3
1
The Social Security (Contributions) Regulations 1979 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 1(2) (interpretation) there are inserted in the appropriate places the following definitions —
“contributory benefit”includes a contribution-based jobseeker’s allowance but not an income-based jobseeker’s allowance;
“contribution-based jobseeker’s allowance”has the same meaning as in the Jobseekers Act 1995 ;
“income-based jobseeker’s allowance”has the same meaning as in the Jobseekers Act 1995;
“jobseeker’s allowance”means an allowance payable under Part I of the Jobseekers Act 1995;
.
3
In regulation 26A(6) (return of Class 2 contributions paid by low earners) after “an amount by way of”there is inserted “contribution-based jobseeker’s allowance or”and after “paid by way of such”there is inserted “allowance or”.
4
In regulation 38 (treatment for purpose of contributory benefit of late paid contributions) —
a
in paragraph (6) for “unemployment benefit”there is substituted “a contribution-based jobseeker’s allowance”; and
b
after paragraph (6) there is inserted —
6A
In paragraph (6) of this regulation the reference to the second contribution condition in relation to a contribution-based jobseeker’s allowance is a reference to the condition specified in section 2(1)(b) of the Jobseekers Act 1995.
.
5
In regulation 39 (treatment of late paid or unpaid primary Class 1 contributions) —
a
for the words “unemployment benefit”, in both places where they occur, there is substituted “a contribution-based jobseeker’s allowance”; and
b
at the beginning there is inserted the paragraph number “(1)”and at the end there is added the following paragraph —
2
In paragraph (1)(a) of this regulation the reference to the first contribution condition in relation to a contribution-based jobseeker’s allowance is a reference to the condition specified in section 2(1)(a) of the Jobseekers Act 1995.
.
6
In regulation 98(c) and (e) (which relate to share fishermen) for “unemployment benefit”there is substituted “a contribution-based jobseeker’s allowance”.
Savings and transitional provisions
4
1
For the purposes of determining whether a person is entitled to be credited with earnings in respect of any period before the coming into force of these Regulations, regulation 9(1) to (8) of the Credits Regulations (credits for unemployment or incapacity for work) shall continue to have effect as if the amendments made by these Regulations had not come into force.
2
In regulation 9 of the Credits Regulations (crediting of earnings for the purposes of entitlement to short-term incapacity benefit), as substituted by regulation 2(7) of these Regulations, in paragraph (c)(i) —
a
the reference to a claim for jobseeker’s allowance shall, where the claim relates to a day before the coming into force of these Regulations, be read as a reference to a claim for unemployment benefit; and
b
the reference to a claim for short-term incapacity benefit shall, where the claim relates to a day before 13th April 1995 (which is the date from which sickness benefit was replaced by short-term incapacity benefit), be read as a reference to a claim for sickness benefit.
3
In spite of regulation 8A of the Credits Regulations (credits for unemployment), as inserted by regulation 2(6) of these Regulations, a person to whom the transitionally protected period defined in regulation 9 of the Jobseeker’s Allowance (Transitional Provisions) Regulations 1995 applies shall not be entitled to be credited with earnings in respect of a week falling within that period during which he is engaged in employment for 16 hours or more.
Peter Lilley
Secretary of State,
Department of Social Security
11th September 1996


text:
Preliminary
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Occupational Pension Schemes (Winding Up) Regulations 1996 and shall come into force on 6th April 1997.
2
These Regulations do not apply to any scheme which has begun to be wound up before that date.
3
Unless the context otherwise requires —
a
expressions used in these Regulations have the same meaning as if they were used in Part I of the Pensions Act 1995; and
b
in these Regulations any reference to a section is a reference to a section of that Act.
4
In these Regulations “the MFR Regulations” means the Occupational Pension Schemes (Minimum Funding Requirement and Actuarial Valuations) Regulations 1996 .
5
References in these Regulations to the guidance given in GN 19 are to the guidelines on winding up and scheme asset deficiency (GN 19), prepared and published by the Institute of Actuaries and the Faculty of Actuaries and approved for the purposes of these Regulations by the Secretary of State, as they apply as respects schemes of the description in question with such revisions as have been so approved as at the date as at which the valuation in question is made.
Commencement of winding up
2
1
For the purposes of these Regulations, the time when a scheme begins to be wound up shall be determined in accordance with this regulation.
2
Subject to paragraphs (3) and (5), where the rules of the scheme require or permit the scheme to be wound up and the scheme is wound up under those rules, the scheme begins to be wound up —
a
either —
i
at such time as the rules provide that it does so, or
ii
if the rules make no provision as to that time, at such time as the trustees determine that the scheme shall begin to be wound up; or
b
as soon as there are no members who are in pensionable service under the scheme,
whichever is the later.
3
Where the rules of the scheme require or permit the scheme to be wound up, but the trustees determine in pursuance of section 38 or otherwise that the scheme is not for the time being to be wound up, then for the purposes of paragraph (2), in so far as any provision made by the rules of the scheme as to the time when it begins to be wound up is inconsistent with the trustees' determination, that provision shall be disregarded.
4
Where under the rules of the scheme any person other than the trustees may determine that the scheme is to be wound up, or is not to be wound up for the time being, then the references in paragraphs (2)(a)(ii) and (3) to the trustees' determination shall be taken, in a case where the winding up begins or is deferred by virtue of that other person’s determination, as a reference to his determination; and this paragraph applies where such a power is vested in the trustees jointly with another person, or in some but not all of the trustees, as it applies where such a power is vested only in a person other than the trustees.
5
Where —
a
a scheme is wound up in pursuance —
i
of an order of the Authority under section 11, or
ii
of an order of a court; and
b
the order makes provision as to the time at which the scheme is to begin to be wound up,
the scheme begins to be wound up at the time specified in the order or, if none is so specified, the date on which the order takes effect.
Preferential liabilities on winding up
Modifications of s. 73(3)
3
1
Section 73(3) applies —
a
in all cases subject to the modifications mentioned in paragraphs (3) and (4);
b
in the case of a scheme which begins to be wound up before the expiry of the transitional period, subject to the modifications mentioned in paragraphs (5) and (6); and
c
in the case of a scheme which begins to be wound up after the expiry of that period, subject to the modification mentioned in paragraph (7).
2
For the purposes of paragraph (1), the transitional period is —
a
the period of 10 years beginning with 6th April 1997; or
b
in the case of a scheme —
i
to which regulation 16(2) of the MFR Regulations applies (extension of period covered by schedule of contributions where minimum funding valuation shows minimum funding requirement not met), and
ii
the schedule period in relation to which has been extended under regulation 25 or 27 of those Regulations (extension by the Authority),
that extended schedule period;
and in this paragraph “the schedule period” has the same meaning as in the MFR Regulations.
3
After paragraph (a) of section 73(3) there shall be inserted —
aa
where —
i
the trustees or managers of the scheme are entitled to benefits under a contract of insurance which was entered into before 6th April 1997 with a view to securing the whole or part of the scheme’s liability for any pension or other benefit payable in respect of one particular person whose entitlement to payment of a pension or other benefit has arisen and for any benefit which will be payable in respect of that person on his death, and
ii
either that contract may not be surrendered or the amount payable on surrender does not exceed the liability secured by the contract (but excluding liability for increases to pensions),
the liability so secured
.
4
In section 73(3)(b) —
a
at the beginning there shall be inserted the words “in a case not falling within paragraph (aa),”; and
b
for the words “to dependants” there shall be substituted the words “in respect”.
5
For paragraphs (c) and (d) of section 73(3) there shall be substituted —
c
any liability —
i
for equivalent pension benefits (within the meaning of section 57(1) of the National Insurance Act 1965), guaranteed minimum pensions, protected rights or section 9(2B) rights (within the meaning of regulation 1(2) of the Contracting-out (Transfer and Transfer Payments) Regulations 1996 ) (but excluding increases to pensions), or
ii
in respect of members with less than two years pensionable service who are not entitled to accrued rights under the scheme, for the return of contributions,
d
any liability for increases to pensions referred to in paragraphs (aa) and (b),
e
any liability for increases to pensions referred to in paragraph (c),
f
so far as not included in paragraph (c) or (e), any liability for pensions or other benefits which have accrued to or in respect of any members of the scheme (including increases to pensions).
.
6
In the words following paragraph (f) of section 73(3) (as inserted by paragraph (5)), for the words “paragraphs (b) to (d)” there shall be substituted the words “paragraphs (aa) to (f)”.
7
In the words following paragraph (d) of section 73(3) for the words “paragraphs (b) to (d)” there shall be substituted the words “paragraphs (aa) to (d)”.
8
In the case of any scheme to which section 73(3) applies with the modifications mentioned in paragraphs (5) and (6), regulations 7(3)(b)(iv) and 8(4) of the Occupational Pension Schemes (Transfer Values) Regulations 1996 have effect with the insertion after “(c)(i)” of “(e)” and with the substitution for “(d)” of “(f)”.
Calculation of amounts of liabilities
4
1
Subject to paragraphs (4) and (5), for the purposes of section 73(2) the amounts of the liabilities mentioned in section 73(3) shall be calculated and verified by the actuary of the scheme —
a
on the assumption that the questions whether or not a person’s entitlement to payment of a pension or other benefit has arisen and whether any amount must be treated as an increase or as part of a pension are to be determined as at the crystallisation date;
b
on the assumption that liabilities in respect of members do not include the expenses involved in meeting them;
c
subject to paragraph (3), in the manner specified in regulations 7(2), (3) and (7) to (10) and 8(2) of the MFR Regulations (so far as they relate to the calculation and verification of liabilities); and
d
otherwise in accordance with the guidance given in GN 19 (so far as it applies for the purposes of these Regulations).
2
Such a calculation must be accompanied by a statement that it is in accordance with the guidance mentioned in paragraph (1)(d).
3
For the purposes of this regulation, regulations 7 and 8 of the MFR Regulations are modified as follows —
a
references in regulations 7(3), (7) and (8) and 8(2) to the relevant date shall be taken as references to the date as at which the calculation is made (being a date not earlier than the crystallisation date or the commencement of winding up, if later);
b
in regulation 7(3) the words “subject to paragraphs (4) and (5)” shall be omitted; and
c
paragraph (i) of regulation 8(2)(a) shall be omitted.
4
If, when the assets of the scheme are applied in accordance with section 73(2) towards satisfying any liability of the scheme mentioned in section 73(3), that liability, as calculated in accordance with the rules of the scheme (without any reduction by reason of its falling within a class of liability which is to be satisfied after another class), is in the opinion of the actuary fully satisfied by applying assets of a value less than the amount of that liability calculated in accordance with paragraph (1), then the amount to be taken as the amount of that liability for the purposes of section 73(2) shall be reduced accordingly.
5
If, when the assets of the scheme are applied in accordance with section 73(2) towards satisfying the liabilities mentioned in section 73(3)(aa) or (b), those liabilities, as calculated in accordance with the rules of the scheme (without any reduction by reason of their falling within a class of liability which is to be satisfied after another class), cannot in the opinion of the actuary be fully satisfied by applying assets of a value equal to the amount of those liabilities calculated in accordance with paragraph (1), then the amount to be taken as the amount of those liabilities for the purposes of section 73(2) shall be increased accordingly.
6
Subject to paragraph (7), in this regulation “the crystallisation date” means —
a
in the case of a scheme where —
i
the trustees or managers determined (whether in pursuance of section 38 or otherwise) that the scheme was not for the time being to be wound up, despite rules otherwise requiring it to be so,
ii
the time when the paragraph of section 73(3) into which the liability in respect of any person falls is determined is fixed under the provisions of the scheme, and
iii
that time falls on or after the date of the determination mentioned in paragraph (i) and before the date on which the scheme begins to be wound up,
the date when that time occurs, and
b
otherwise, the date on which the scheme begins to be wound up.
7
Where the trustees or managers of a scheme —
a
determined before 6th April 1997 that the scheme was not for the time being to be wound up, despite rules otherwise requiring it to be so, and
b
before that date determined a time (being a time before 6th April 1997) when the amounts or descriptions of liabilities of the scheme were to be determined for the purposes of any rule of the scheme requiring the assets of the scheme to be applied on winding up in satisfying the amounts of certain liabilities to or in respect of members before other such liabilities,
the date when that time occurs is the crystallisation date.
Modification of schemes to fix time for settling priority of liabilities on winding up
5
1
The trustees of a trust scheme may by resolution modify the scheme with a view to fixing or providing for the fixing of the time when the paragraph of section 73(3) into which the liability in respect of any person falls is to be determined for the purposes of section 73(2) and (3) or of any priority rule of the scheme, in the event of a determination (whether in pursuance of section 38 or otherwise) that the scheme is not for the time being to be wound up, despite rules otherwise requiring it to be so.
2
That time must be —
a
on or after the date of the resolution and of any such determination to defer winding up, and
b
before the date on which the scheme begins to be wound up.
3
In paragraph (1) “priority rule” means a rule of the scheme requiring the trustees to apply the assets of the scheme on a winding up in satisfying the amounts of certain liabilities to or in respect of members before other such liabilities.
Discharge of liabilities by insurance etc.
Arrangements for discharge of liabilities under s. 74
6
1
For the purposes of section 74(2), the arrangements with which the trustees or managers of a scheme must comply in providing for the discharge of a liability under that section are as follows.
2
Where the trustees or managers of a scheme propose to discharge a liability of the scheme to or in respect of a member —
a
they must give him or, if he has died, each beneficiary who is entitled to benefits in respect of him, notice in writing of that fact;
b
if they propose to discharge the liability wholly or partly —
i
in the way mentioned in section 74(3)(a) or (b), or
ii
in the way mentioned in regulation 8(5) in a case where sub-paragraph (a) of that regulation applies, then, subject to paragraph (4), they must obtain the written consent of the member or, as the case may be, the beneficiary to discharging the liability in that way; and
c
in the case of discharge in the way mentioned in regulation 8(5), any other requirements which apply to the making of a payment so mentioned must have been met.
3
A notice under paragraph (2)(a) must comply with the requirements of regulation 7.
4
In a case where regulation 12 of the Occupational Pension Schemes (Preservation of Benefit) Regulations 1991 (transfer of member’s accrued rights without consent) applies, no consent need be obtained to a discharge of liability in the way mentioned in section 74(3)(a).
5
Where —
a
the trustees or managers have complied with paragraphs (2) and (3); and
b
an election has been made under regulation 7(3)(a),
they may discharge the liability in pursuance of the election without complying with those paragraphs again.
Requirements applicable to notices of discharge under regulation 6
7
1
A notice under regulation 6(2)(a) (“a discharge notice”) must specify —
a
the sum which is available to be used to discharge the liability of the scheme to the member or, as the case may be, the beneficiary in respect of his rights under the scheme; and
b
if the full amount of that liability, as calculated in accordance with regulation 4, is greater than that sum, that amount and the reason for the difference.
2
A discharge notice must —
a
specify the way or ways in which it is proposed to discharge the liability;
b
if the proposed way or any of the proposed ways requires the consent of the member or, as the case may be, the beneficiary, state —
i
that his consent is so required,
ii
the period within which his consent must be given, being at least three months beginning with the date on which the notice is given, and
iii
the way or ways in which it is proposed to discharge the liability if he does not give his consent; and
c
if the proposed way is that mentioned in regulation 8(5), state any further requirements which must be met before discharge may be made in that way.
3
If there are any options available to the member or beneficiary, the discharge notice must specify them and state —
a
that if he wishes to elect that, instead of the liability being discharged in the proposed way, it should be discharged in one or more of the other ways mentioned in section 74(3) which are available in his case (or partly in the proposed way and partly in another such way), then he must give notice to that effect in writing to the trustees or managers, specifying —
i
the way or ways in which he wishes the liability to be discharged, and
ii
the name of the relevant provider;
b
that such a notice must be given by him before the expiry of the period of three months beginning with the date on which the discharge notice is given to him; and
c
that it would be advisable for him to obtain independent financial advice before deciding whether to make such an election.
4
The statement mentioned in paragraph (3)(c) must also be included in any case where the consent of the member or the beneficiary is required.
5
Where it is proposed to discharge the liability in the way mentioned in section 74(3)(a), the discharge notice must specify the name of the relevant provider and the scheme address.
6
Where it is proposed to discharge the liability in the way mentioned in section 74(3)(b), the discharge notice must specify the name of the relevant provider and (if different) of the person who is the scheme administrator and the scheme address.
7
Where it is proposed to discharge the liability in the way mentioned in section 74(3)(c) or in regulation 8(4), the discharge notice must specify —
a
the name and address of the relevant provider;
b
if different, the name and address of the person from whom information about the terms of the contract for the provision of the annuity which is to be purchased or, as the case may be, the benefit of which is to be transferred can be obtained; and
c
in a case where the contract for the provision of the annuity has not been made at the time the notice is given, whether information about its terms will be given on the assumption that they will coincide with the terms of a quotation.
8
In this regulation —
“the relevant provider” means —
a
in the case of the acquisition of transfer credits under another occupational pension scheme, the trustees or managers of the scheme;
b
in the case of the acquisition of rights under a personal pension scheme, the person who is responsible for the provision of pensions and other benefits under the scheme; and
c
in the case of the purchase or transfer of the benefit of an annuity, the insurance company or companies from which the annuity is to be or, as the case may be, has been purchased;
“the scheme address”, in relation to a scheme, means the place in the United Kingdom where the management of the scheme is conducted or, if there is more than one such place, the principal place;
“scheme administrator” has the meaning given in section 630(1) of the Income and Corporation Taxes Act 1988 .
9
A discharge notice and any notice under paragraph (3) shall be treated as having been given to a person if it has been sent to him by post at the address at which he was last known by the trustees or managers of the scheme to be living.
10
Discharge notices and notices under paragraph (3) are not required to be given to a person if —
a
the trustees or managers know no such address as is mentioned in paragraph (9) for him, or
b
correspondence sent to the address at which he was last known by them to be living has been returned.
Requirements to be satisfied by transferee schemes, annuities etc.
8
1
For the purpose of section 74(3)(a) (discharge of liability to or in respect of a member by the acquisition of transfer credits under another occupational pension scheme), the requirements to be satisfied by the other scheme are the same as those which would apply by virtue of section 95(2)(a) of the Pension Schemes Act 1993 (ways of taking right to cash equivalent) if —
a
the member were entitled to a cash equivalent under Chapter IV of Part IV of that Act in respect of the rights liability in respect of which is being discharged, and
b
he required his cash equivalent to be used to acquire transfer credits allowed under the rules of the scheme.
2
For the purpose of section 74(3)(b) (discharge of liability to or in respect of a member by the acquisition of rights under a personal pension scheme), the requirements to be satisfied by the personal pension scheme are the same as those which would apply by virtue of section 95(2)(b) of that Act if the member were so entitled and he required his cash equivalent to be used to acquire rights allowed under the rules of the scheme.
3
For the purpose of section 74(3)(c) (discharge of liability to or in respect of a member by the purchase of one or more annuities) the requirements to be satisfied by the annuities are the same as those which would apply by virtue of section 95(2)(c) of that Act if the member were so entitled and he required his cash equivalent to be used to purchase annuities from such insurance companies as are mentioned in section 95(2)(c).
4
For the purpose of section 74(3)(d) (discharge of liability to or in respect of a member by subscribing to other pension arrangements satisfying prescribed requirements) the discharge of a liability to or in respect of a member may be provided for by transferring to him, or to any person who is entitled to benefits in respect of him, the benefit —
a
of one or more contracts to provide annuities which —
i
satisfy the requirements mentioned in paragraph (3); and
ii
are provided by insurance companies which consent to the transfer; or
b
of one or more policies of insurance which satisfy the requirements mentioned in section 19(4) of the Pension Schemes Act 1993 (appropriate policies and annuity contracts).
5
For the purpose of section 74(3)(d), the discharge of a liability to or in respect of a member of a contracted-out scheme may also be provided for in a case where sub-paragraph (3B) of paragraph 5 of Schedule 2 to the Pension Schemes Act 1993 applies by a payment to the Secretary of State of the amount mentioned in paragraph (b) of that sub-paragraph (amount required for restoring the member’s State scheme rights) if —
a
the member has duly made such an application as is required for the restoration of his State scheme rights in accordance with that provision, or
b
in a case where such an application may be made by the trustees or managers, they have duly made such an application;
and in this paragraph “State scheme rights” has the same meaning as in that sub-paragraph.
Relationship of these Regulations and requirements under s. 32A of the Pension Schemes Act 1993
9
In any case where the liability to or in respect of the member is a liability in respect of protected rights, nothing in regulations 6 to 8 affects any requirements imposed by or under section 32A of the Pension Schemes Act 1993 (discharge of protected rights on winding up: insurance policies) or any rules of the scheme reflecting those requirements.
Power to defer winding up
Disapplication of s. 38
10
1
Section 38 does not apply —
a
to any scheme in relation to which no relevant employer debt event has occurred;
b
to a scheme in respect of which any Minister of the Crown has given a guarantee or made any other arrangements for the purpose of securing that the assets of the scheme are sufficient to meet its liabilities;
c
to a scheme which provides relevant benefits, but is neither an approved scheme nor a relevant statutory scheme;
d
to a section 615(6) scheme;
e
to a scheme with less than two members;
f
to a small self-administered scheme which is an approved scheme;
g
to a scheme the only benefits provided by which (other than money purchase benefits) are death benefits; or
h
to a relevant lump sum retirement benefits scheme.
2
For the purposes of paragraph (1)(a), a relevant employer debt event has only occurred in relation to a scheme if (apart from section 38 or any other power to defer winding up the scheme) the rules of the scheme require the scheme to be wound up as a result of a relevant insolvency event having occurred in relation to any person who immediately before the event occurred was an employer in relation to the scheme; and for the purposes of this paragraph —
a
subsection (4) of section 75 (definition of relevant insolvency events) applies as it applies for the purposes of section 75 (disregarding any modifications of that section); and
b
in the case of a scheme which has no active members, the reference to an employer is to the person who was the employer immediately before the occurrence of the event after which the scheme ceased to have any active members.
3
In this regulation —
“approved scheme” means a scheme which is approved or was formerly approved under section 590 or 591 of the Taxes Act or in respect of which an application for such approval has been duly made which has not been determined;
“lump sum benefits” does not include benefits paid by way of commuted retirement pension;
“relevant benefits” has the meaning given in section 612(1) of the Taxes Act;
“relevant lump sum retirement benefits scheme” means an approved scheme —
which has been categorised by the Commissioners of Inland Revenue for the purposes of its approval as a centralised scheme for non-associated employers;
which is not contracted-out; and
under the provisions of which the only benefits which may be provided on or after retirement (other than money purchase benefits derived from the payment of additional contributions by any person) are lump sum benefits which are not calculated by reference to any member’s salary;
“relevant statutory scheme” has the meaning given in section 611A of the Taxes Act ;
“section 615(6) scheme” means a scheme with such a superannuation fund as is mentioned in section 615(6) of the Taxes Act;
“small self-administered scheme” has the meaning given in regulation 2(1) of the Retirement Benefits Schemes (Restriction on Discretion to Approve) (Small Self-administered Schemes) Regulations 1991 ;
“the Taxes Act” means the Income and Corporation Taxes Act 1988 .
Records and information
11
1
The trustees of any trust scheme or any other persons with power in respect of any such scheme to make a determination —
a
to defer winding up the scheme;
b
as to the time when the paragraph of section 73(3) into which the liability in respect of any person falls is fixed; or
c
as to the time when the amounts or descriptions of liabilities of the scheme are to be determined for the purposes of any rule of the scheme requiring the assets of the scheme to be applied on winding up in satisfying the amounts of certain liabilities to or in respect of members before other such liabilities,
must keep a written record of any such determination made by them.
2
Where any such determination is made, before the expiry of the period of one month beginning with the date on which it is made the person who has made it shall inform —
a
the members of the scheme, and
b
any other persons whose entitlement to payment of a pension or any other benefit under the scheme has arisen,
in writing that it has been made.
3
If any person fails to comply with paragraph (2), the Authority may require him by notice in writing to pay a penalty —
a
in the case of a contravention by an individual, not exceeding £1,000; and
b
otherwise, not exceeding £10,000,
before the expiry of the period of 28 days beginning with the date on which the notice is given.
Modifications affecting certain schemes
Winding up of sectionalised schemes etc.
12
1
Where section 56 applies to a salary related occupational pension scheme as if different parts of the scheme were separate schemes, section 73 shall apply where such a part of the scheme is being wound up as it applies where the whole of a scheme is being wound up, but —
a
taking references to the assets of the scheme as references only to those assets treated for the purposes of section 56 as assets of that part; and
b
taking references to the liabilities of the scheme, or any particular description of liabilities, as references only to such liabilities of the scheme or, as the case may be, of that description, as are treated for the purposes of section 56 as liabilities of that part.
2
In relation to a scheme to which section 56 applies as if different parts of the scheme were separate schemes, section 74 shall apply as if those parts were separate schemes and with the modifications mentioned in paragraph (1)(a) and (b).
3
Where by virtue of paragraph 1 of Schedule 5 to the MFR Regulations (sectionalised multi-employer schemes) section 56 applies to a trust scheme as if different parts of the scheme were separate schemes, section 38 and regulation 10 (except paragraph (1)(e) of that regulation) shall also so apply.
4
Where any provision of this regulation applies in relation to a scheme, then references to the scheme and its members in the provisions of other regulations shall be construed accordingly.
Hybrid schemes
13
1
In relation to any scheme —
a
which is not a money purchase scheme, but
b
where some of the benefits that may be provided are relevant money purchase benefits,
section 73 applies as if —
i
the liabilities of the scheme did not include liabilities in respect of those benefits, and
ii
the assets of the scheme did not include the assets by reference to which the rate or amount of those benefits is calculated.
2
In paragraph (1) “relevant money purchase benefits” means money purchase benefits other than —
a
benefits derived from the payment by any member of voluntary contributions, or
b
underpin benefits.
3
In this regulation “underpin benefits” means money purchase benefits which under the provisions of the scheme will only be provided in respect of a member if their value exceeds the value of other benefits in respect of him under the scheme which are not money purchase benefits.
4
Where a scheme which is not a money purchase scheme may provide underpin benefits, the amount of the liability for those benefits shall be calculated in accordance with regulation 4 (but omitting paragraphs (1)(c) and (3) to (5) of that regulation).
5
If in the case of a scheme to which paragraph (1) applies —
a
the aggregate value of the assets of the scheme has been reduced, and
b
there are reasonable grounds for believing that the reduction is attributable to an act or omission constituting an offence prescribed for the purposes of section 81(1)(c),
then, for the purposes of section 73 as it applies by virtue of paragraph (1), the values of the assets excluded by paragraph (1)(ii) and of the other assets shall be taken to be equal to their values apart from the reduction, less in the case of each asset so much of the reduction as its value bears to the aggregate value of the assets of the scheme apart from the reduction.
6
This regulation does not affect section 73 as it applies for the purposes of the MFR Regulations and the guidance in GN 27 (as that guidance applies for the purposes of those Regulations).
7
In paragraph (6) “GN 27” means the guidelines on minimum funding requirement (GN 27), prepared and published by the Institute of Actuaries and the Faculty of Actuaries and approved for the purposes of the MFR Regulations by the Secretary of State.
Signed by authority of the Secretary of State for Social Security.
Oliver Heald
Parliamentary Under-Secretary of State,
Department of Social Security
11th December 1996


text:
1
1
This Order may be cited as the Offensive Weapons Act 1996 (Commencement No. 2) Order 1996.
2
This Order does not extend to Northern Ireland.
2
Section 6 of the Offensive Weapons Act 1996 shall come into force on 1st January 1997.
David Maclean
Minister of State
Home Office
4th December 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Northwick Park and St. Mark’s National Health Service Trust (Transfer of Trust Property) Order 1996 and shall come into force on 15th November 1996.
2
In this Order —
“the Special Trustees” means the Special Trustees for St. Bartholomew’s and St. Mark’s Hospitals;
“the Trust” means the Northwick Park and St. Mark’s National Health Service Trust, established on 4th November 1992 ;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Special Trustees and the Trust on 3rd April 1996, which schedule has been signed on behalf of both the Special Trustees and the Trust.
Transfer of trust property
2
On 15th November 1996 the trust property shall be transferred from the Special Trustees to the Trust.
Signed by authority of the Secretary of State for Health.
John Horam
Parliamentary Under Secretary of State,
Department of Health
21st October 1996


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Education (Assisted Places) (Incidental Expenses) (Amendment) Regulations 1996 and shall come into force on 25th August 1996.
2
These Regulations shall apply to a school year beginning on or after the date mentioned in paragraph (1).
3
In these Regulations, a reference to the principal expenses Regulations is a reference to the Education (Assisted Places) (Incidental Expenses) Regulations 1995 .
Amendments to the principal expenses Regulations
2
The principal expenses Regulations shall be amended in accordance with regulations 3 to 6 below.
3
In regulation 3 —
a
for paragraph (3) there is substituted —
3
The school shall pay uniform grant to the parents in the case of an assisted pupil —
i
who is in his first year at a school as an assisted pupil, and
ii
as regards whom the relevant income does not exceed £11,056,
of an amount equal to so much of the parents' clothing expenditure as does not exceed —
a
£169 where the relevant income does not exceed £9,707;
b
£127 where that income exceeds £9,707 but does not exceed £10,159;
c
£83 where that income exceeds £10,159 but does not exceed £10,593; and
d
£43 where that income exceeds £10,595 but does not exceed £11,056.
; and
b
for paragraph (5), there is substituted —
5
Except where paragraph (3) applies, a school shall pay uniform grant in the case of an assisted pupil as regards whom the relevant income does not exceed £10,595 and in such case the grant shall be of an amount equal to so much of the clothing expenditure (disregarding expenditure in respect of which a previous grant has been paid) as does not exceed —
a
£63 where the relevant income does not exceed £9,873; and
b
£33 where that income exceeds £9,873 but does not exceed £10,595.
.
4
In regulation 5(2) —
a
in paragraph (a), for “£9,585” there is substituted “£9,886”, and
b
in paragraph (b), for “£9,406” there is substituted “£9,707”.
5
In regulations 7(2) and 8(2) there is inserted in each case after “exceeds” the words “in the case of a pupil who has not attained the age of 8 years 3.2 kilometres, and in the case of a pupil who has attained that age”.
6
In regulation 11(1), for paragraphs (e) and (f) there are substituted —
e
modern languages at advanced level,
f
theatre studies,
g
zoology, or
h
any other subject approved for the purposes of this regulation by the Secretary of State,
.
Cheryl Gillan
Parliamentary Under Secretary of State,Department for Education and Employment
26th July 1996
Jonathan Evans
Parliamentary Under Secretary of State,Welsh Office
31st July 1996


text:
1
These Regulations may be cited as the Assured and Protected Tenancies (Lettings to Students) (Amendment) Regulations 1996 and shall come into force on 22nd March 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 “The House of St. Gregory and St. Macrina Oxford Limited”.
Eric Forth
Minister of State, Deparetment for Education and Employment
27th February 1996


text:
1
This Order may be cited as the Stansted Airport Aircraft Movement Limit (Amendment) Order 1996 and shall come into force on the seventh day after the day on which it is made.
2
In article 2 of the Stansted Airport Aircraft Movement Limit Order 1987 for the figure “78,000” there shall be substituted the figure “120,000”.
Signed by authority of the Secretary of State for Transport
Goschen
Parliamentary Under Secretary of State,
Department of Transport
24th June 1996


text:
1
This Order may be cited as the Finance Act 1996, section 26, (Appointed Day) Order 1996.
2
To the extent that they are not in force by virtue of section 26(3) of the Finance Act 1996, the day appointed as the day on which section 26 of and Schedule 3 to the Finance Act 1996 come into force is 1st June 1996.
Martin Brown
Commissioner of Custom and Excise
New King’s Beam House,
22 Upper Ground,
London SE1 9PJ
9th May 1996


text:
Citation and commencement
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (Lewisham London Borough Council) Order 1996 and shall come into force on 31st October 1996.
Exemption of catering in the London borough of Lewisham
2
Catering by the council of the London borough of Lewisham shall not be treated as a defined activity so long as it is carried out in their area during the period beginning on 1st January 1997 and ending with 31st March 1998.
Signed by authority of the Secretary of State
Paul Beresford
Parliamentary Under-Secretary of State,
Department of the Environment
2nd October 1996


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Waste Management Regulations 1996 and, except for regulations 2(6) and 3, shall come into force on 1st April 1996.
2
Regulations 2(6) and 3 shall come into force on 30th March 1996.
3
Regulation 2(3) does not extend to Scotland.
Amendment of the Waste Management Licensing Regulations 1994
2
1
The Waste Management Licensing Regulations 1994 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 4 —
a
in paragraph (1), for the two descriptions of waste treatment plant in the column headed “ Type of facility ” in Table 1, there shall be substituted:
A waste treatment plant where biodegradable, clinical or special waste is subjected to a chemical or physical process.
A waste treatment plant where waste other than biodegradable, clinical or special waste is subjected to a chemical or physical process.
;
b
in paragraph (3), after the definition of “clinical waste”, there shall be added —
“landfill site” does not include a site used only for the burial of dead domestic pets;
.
3
In regulation 5 —
a
at the beginning of paragraph (1), there shall be added “Subject to paragraph (4),”;
b
at the beginning of paragraph (2), there shall be added “Subject to paragraph (4),”;
c
after paragraph (3), the following paragraphs shall be added:
4
Subject to paragraphs (6) and (7), in their application in relation to a person mentioned in paragraph (5), paragraphs (1) and (2) shall apply as if the following dates were substituted for the dates in those paragraphs which are specified —
a
in paragraph (1)
i
for “10th August 1994”, “1st October 1996”;
ii
for “10th August 1999”, “1st October 2001”; and
b
in paragraph (2),
i
for “10th August 1994”, “1st October 1996”;
ii
for “10th August 2004”, “1st October 2006”.
5
The person mentioned in paragraph (4) is the manager of a facility at which activities were authorised by a resolution under section 11 of the Control of Pollution Act 1974 .
6
Paragraph (4) does not apply to a person who is to be treated as technically competent by virtue of other provisions than those in that paragraph.
7
Paragraph (4) does not apply in Scotland.
4
In regulation 12(1) , after sub-paragraph (d), there shall be added the following sub-paragraph —
e
plant for the treatment of waste soil.
5
In regulation 18(4A)(d) , for “£300” there shall be substituted “£400”.
6
In paragraph 43(2) of Schedule 3 , for “31st March 1996”, there shall be substituted “30th September 1996”.
7
In paragraph 45(3)(d) of Schedule 3 , for “£100”, there shall be substituted “£150”.
Amendment of the Waste Management Licensing (Amendment etc. ) Regulations 1995
3
Regulation 4(5) of the Waste Management Licensing (Amendment etc.) Regulations 1995 shall be amended as follows:
a
in paragraph (a), for “the 23 months ending on 31st March 1996” there shall be substituted “the 29 months ending on 30th September 1996”;
b
in paragraph (b), for the date “31st March 1996”, there shall be substituted the date “30th September 1996”.
Pre-qualification technical competence
4
1
Where:
a
a person has applied to the Waste Management Industry Training and Advisory Board for a certificate of technical competence in relation to one of the types of facility mentioned in paragraph (2);
b
an application has been made for a waste management licence to authorise activities whose management is intended to be in that person’s hands;
c
the activities mentioned in sub-paragraph (b) are to be carried on at a facility of the same type as that in relation to which the application mentioned in sub-paragraph (a) was made; and
d
the relevant Agency as defined in paragraph (3) is satisfied that, but for regulation 4 of the Waste Management Licensing Regulations 1994, he would be a technically competent person ;
then, in relation to the facility in respect of which the application mentioned in sub-paragraph (b) was made and until the expiry of two years from the grant of a licence pursuant to that application, regulation 4 of those Regulations shall not apply to that person and he shall be treated as technically competent for the purposes of section 74(3)(b) of the Environmental Protection Act 1990.
2
The types of facility mentioned in paragraph (1)(a) are all those listed in Table 1 of regulation 4(1) of the Waste Management Licensing Regulations 1994 other than any type of landfill site.
3
The relevant Agency mentioned in paragraph (1)(d) is:
a
in relation to England and Wales, the Environment Agency established by section 1 of the Environment Act 1995; and
b
in relation to Scotland, the Scottish Environment Protection Agency established by section 20 of that Act.
Transitional provision for certificates of technical competence: waste treatment plants
5
1
Paragraph (2) of this regulation applies to a person who has made an application to the Waste Management Industry Training and Advisory Board for a “Treatment operations: inert waste (level 3)” certificate of technical competence before 10th August 1994, in a case where that application has not been determined.
2
Unless he notifies the Board in writing that he does not wish this regulation to apply to him, the person mentioned in paragraph (1) shall be treated for the purposes of regulation 5 of the Waste Management Licensing Regulations 1994 as if the certificate for which he applied was a “Managing treatment operations: special waste (level 4)” certificate of technical competence.
3
Paragraph (4) of this regulation applies to a person who has made an application to the Waste Management Industry Training and Advisory Board for a “Treatment operations: inert waste (level 3)” certificate of technical competence before 1st April 1996, in a case where that application has not been determined.
4
Unless he notifies the Board in writing that he does not wish this regulation to apply to him, the person mentioned in paragraph (3) shall be treated for the purposes of regulation 4 of the Waste Management Licensing (Amendment etc.) Regulations 1995 as if the certificate for which he applied was a “Managing treatment operations: special waste (level 4)” certificate of technical competence.
Amendment to the Environmental Protection (Waste Recycling Payments) Regulations 1992
6
For the Schedule to the Environmental Protection (Waste Recycling Payments) Regulations 1992 , there shall be substituted:
THE SCHEDULE
REPRESENTATIVE SAVINGS IN WASTE DISPOSAL COSTS
Regulations 2(5)
Type of waste disposal authority Saving in waste disposal costs per tonne
A London waste disposal authority for an area which includes an inner London borough. £36.66 The council of an inner London borough. The Common Council of the City of London. A London waste disposal authority which comprises outer London boroughs. The council of an outer London borough. £31.09 The Greater Manchester Waste Disposal Authority. The Merseyside Waste Disposal Authority. The council of a metropolitan district. £24.45 Any other waste disposal authority. £17.78 where the authority incurs any transport costs in disposing of similar waste and £10.00 in other cases.
Signed by authority of the Secretary of State for the Environment
Ferrers
Minister of State,
Department of the Environment
5th March 1996
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under-Secretary of State, Welsh Office
7th March 1996
Signed by authority of the Secretary of State for Scotland
Lindsay
Parliamentary Under-Secretary of State, The Scottish Office
6th March 1996


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