text:
PART I
GENERAL
Citation and commencement
1
This Order may be cited as the Cheshire (Boroughs of Halton and Warrington) (Structural Change) Order 1996 and shall come into force for the purposes of articles 2(2), 5(1), (3) and (4), 7 and 8 on the day after the day on which it is made and for all other purposes on 1st April 1998.
Interpretation
2
1
In this Order —
“ the Act ” means the Local Government Act 1992;
“the 1972 Act ” means the Local Government Act 1972 ;
“the 1990 Act ” means the Town and Country Planning Act 1990 ;
“Cheshire” means the non-metropolitan county of Cheshire;
“the County Council ” means the council of Cheshire;
“ Halton ”(except in references to the county of Halton) means the borough of Halton and “the Halton Council” means the council of that borough;
“the relevant date” means 5th May 1997;
“relevant provision” means a provision in any subordinate legislation made under the Act or made, in connection with the Act or such provision, under any other enactment;
“the reorganisation date” means 1st April 1998;
“subordinate legislation” has the same meaning as in section 21 of the Interpretation Act 1978 ; and
“ Warrington ”(except in references to the county of Warrington) means the borough of Warrington and “the Warrington Council” means the council of that borough.
2
The period beginning with the relevant date and ending immediately before the reorganisation date is specified as the preliminary period for the purposes of any statutory instrument made under the Act.
PART II
LOCAL GOVERNMENT REORGANISATION IN HALTON AND WARRINGTON
Structural change
3
Subject to the following provisions of this Part and to any other relevant provision, the functions of the County Council in relation to Halton and Warrington (other than functions under Chapter II of Part II of the 1990 Act) shall be transferred to the Halton Council and the Warrington Council respectively.
Planning functions
4
1
The Halton Council and the Warrington Council shall each be treated as an authority to whose area Chapter I of Part II of the 1990 Act (“Chapter I”) (unitary development plans) applies, instead of Chapter II of that Part (structure and local plans).
2
For the purposes of paragraph (1) above, Halton or, as the case may be, Warrington shall be treated as if it were the area of a local planning authority in a metropolitan county and references in Chapter I to the local planning authority shall be construed accordingly.
3
The 1990 Act shall have effect in relation to Halton and Warrington as if —
a
in section 27 (meaning of “development plan” in Greater London and metropolitan counties), for the words “any district in Greater London or a metropolitan county (whether the whole or part of the area of a local planning authority)” there were substituted the words “the district of Halton (whether the whole or part of the area of that district)” or, as the case may be, “the district of Warrington (whether the whole or part of the area of that district)”; and
b
section 28 (commencement of Chapter I: transitional provisions) did not apply.
4
Until a unitary development plan becomes operative for the area of Halton or the area of Warrington (or where parts of such a plan become operative on different dates until every part of such a plan has become operative) —
a
Part I of Schedule 2 to the 1990 Act (which provides for existing development plans to continue in force) shall apply to that area; and
b
Part III of that Schedule shall apply to it for the purposes of making continuing provision for the transitional matters for which provision was made immediately before the commencement of the 1990 Act by Schedule 7 to the Town and County Planning Act 1971 (old development plans, etc ) ;
and Part I of Schedule 2 shall have effect in relation to Halton or, as the case may be, Warrington as if the reference in paragraph 1(1) to the commencement of the 1990 Act were a reference to the coming into force of this article.
Fire services
5
1
In this article —
“the 1947 Act ” means the Fire Services Act 1947 ; and
“the relevant area” means the area comprising Cheshire (as constituted on and after the reorganisation date), Halton and Warrington.
2
Halton and Warrington shall, subect to any combination scheme under the 1947 Act, each become the area of a fire authority for the purposes of that Act.
3
For the purposes of the making of a combination scheme with respect to the relevant area before the reorganisation date in accordance with section 10 of the 1947 Act (power to make schemes in advance of alterations to local government areas), section 5(2) of that Act shall have effect, in relation to that area, as if —
a
in paragraphs (a) and (d) of that subsection, for “the constituent authorities”, wherever those words occur, there were substituted “the council of the county of Cheshire”; and
b
in paragraphs (e) and (f) of that subsection, for “any of the constituent authorities” there were substituted “the council of the county of Cheshire”.
4
Section 10 of the 1947 Act shall have effect, in relation to the relevant area, as if after the word “but” there were inserted the words “, except so far as it relates to the constitution of an authority as the fire authority for the combined area constituted by the scheme and the performance by that authority of any functions necessary for bringing the scheme into full operation on that date,”.
Constitution of new counties of Halton and Warrington
6
1
Halton and Warrington shall cease to form part of Cheshire.
2
A new county shall be constituted comprising the area of Halton and shall be named the county of Halton.
3
A new county shall be constituted comprising the area of Warrington and shall be named the county of Warrington.
4
Section 2(1) of the 1972 Act (which provides that every county shall have a council) shall not apply in relation to the counties of Halton and Warrington.
PART III
TRANSITIONAL PROVISION
Election of councillors in 1997 and subsequent years
7
1
The Borough of Halton (Electoral Arrangements) Order 1986 shall be amended by the substitution of the following article for article 6 —
6
1
Elections of all councillors for wards of the borough shall be held simultaneously on the ordinary day of election of councillors in 1997.
2
The councillors holding office for any ward in the borough immediately before 5th May 1997 shall retire on that date and the newly elected councillors for any such ward shall come into office on that date.
3
Of the councillors elected at the ordinary elections of councillors in 1997 for any ward of the borough, other than Daresbury and Hale —
a
one-third shall retire in 1999 being, subject to paragraphs (4) and (5) below, the councillor elected by the smallest number of votes;
b
one-third shall retire in 2000 being, subject as aforesaid, the councillor elected by the next smallest number of votes; and
c
the remaining councillor shall retire in 2001.
4
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any such year, the person to retire in that year shall be determined by lot.
5
If an election of councillors for any ward is not contested, the person to retire in each such year shall be determined by lot.
6
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
7
The councillor elected in 1997 for the Daresbury ward of the borough shall retire in 2000.
8
The councillor elected in 1997 for the Hale ward of the borough shall retire in 1999.
9
In each year in which a councillor for a ward in the borough retires in accordance with paragraphs (3) to (8) above an election of a councillor for that ward shall be held on the ordinary day of election of councillors in that year; and the term of office of councillors elected at such an election shall be three years.
10
Except as otherwise provided in the foregoing paragraphs of this article, the term of office of councillors shall be four years and all councillors shall retire on the fourth day after the ordinary day of election of councillors of the borough in the year of retirement and the newly elected councillors shall come into office on the day on which their predecessors retire.
.
2
The Borough of Warrington (Electoral Arrangements) Order 1989 shall have effect subject to the provisions of paragraphs (3) to (5) below.
3
Elections of all councillors of the Warrington Council shall be held simultaneously on the ordinary day of election of councillors in 1997, 2000 and 2003 and every fourth year after 2003.
4
The term of office of any councillor so elected shall be, in the case of councillors elected in 1997 and 2000, three years and, in any other case, four years.
5
On the fourth day after any such elections —
a
the persons who were councillors immediately before those elections shall retire; and
b
the newly elected councillors shall come into office.
Suspension of elections and retirement of councillors
8
1
The ordinary election of councillors in 1997 for the electoral divisions of Cheshire comprised in Halton and Warrington shall not take place; and any councillor for such a division holding office immediately before the relevant date who would, but for this paragraph, have retired on that date shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until the reorganisation date.
2
Section 89 of the 1972 Act (filling of casual vacancies in case of councillors) shall have effect —
a
in the case of a casual vacancy occurring in the office of councillor of the Halton Council or the Warrington Council before the relevant date, as if the reference in subsection (3) of that section to the day on which the councillor whose office is vacant would regularly have retired were a reference to the relevant date; and
b
in the case of a casual vacancy occurring in the office of councillor for any electoral division referred to in paragraph (1) above, as if that reference in that subsection were a reference to the reorganisation date.
3
The electoral divisions of Cheshire comprised in Halton and Warrington shall cease to be electoral divisions on the reorganisation date.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
18th July 1996


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Adventure Activities (Licensing) (Designation) Order 1996 and shall come into force on 16th April 1996.
2
In this Order “ the Act ” means the Activity Centres (Young Persons' Safety) Act 1995.
Designation
2
Tourism Quality Services Limited (being a body nominated by the Health and Safety Commission under section 1(2) of the Act) is hereby designated for the purposes of section 1(1) of the Act.
Henley
Minister of State,
Department for Education and Employment
18th March 1996


text:
1
This Order may be cited as the Criminal Justice and Public Order Act 1994 (Commencement No. 9) Order 1996.
2
Section 149 of, and paragraph 70 of Schedule 10 to, the Criminal Justice and Public Order Act 1994 (incorporation of the Parole Board) shall come into force on 1st July 1996.
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Home Office
9th June 1996


text:
Citation and commencement
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (North Hertfordshire District Council and Hertsmere Borough Council) Order 1996 and shall come into force on 1st April 1997.
Exemption of activities
2
The management of sports and leisure facilities and catering (other than for the purposes of schools and welfare) shall not be treated as defined activities so long as they are carried out by the council of the district of North Hertfordshire during the period beginning with 1st April 1997 and ending with 31st December 1997 in the following premises in the district —
a
the Hitchin Swim Centre, Fishponds Road;
b
the Letchworth Outdoor Pool, Norton Common; and
c
the Royston Outdoor Pool, Newmarket Road.
3
The management of sports and leisure facilities shall not be treated as a defined activity so long as it is carried out by the council of the borough of Hertsmere during the period beginning with 1st January 1998 and ending with 31st December 1999 in the following premises in the borough —
a
the Furzefield Centre, Mutton Lane, Potters Bar;
b
the Hartspring Centre, Park Avenue, Bushey; and
c
the Hertsmere Centre Pool, Elstree Way, Borehamwood.
Signed by authority of the Secretary of State
Paul Beresford
Parliamentary Under Secretary of State,
Department of the Environment
25th November 1996


text:
PART 1
GENERAL
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Council Tax Benefit and Housing Benefit (Miscellaneous Amendments) Regulations 1996 and shall come into force on 15th October 1996.
2
In these Regulations —
a
“the Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 ;
b
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 .
PART 2
COUNCIL TAX BENEFIT
Amendment of regulation 4A of the Council Tax Benefit Regulations
2
1
Regulation 4A of the Council Tax Benefit Regulations (persons from abroad) shall be amended in accordance with the following paragraphs —
a
in paragraph (1) at the end there shall be added the words, “but this paragraph shall not have effect in respect of a person to whom and for a period to which regulation 4D and Schedule A1 apply.”;
b
for head (ii) in paragraph (4)(e) there shall be substituted the following head —
ii
a refugee;
;
c
in paragraph (7) the following definition shall be added at the end —
“refugee” in this regulation, regulation 4D (entitlement of a refugee to council tax benefit) and Schedule A1 (treatment of claims for council tax benefit by refugees) means a person recorded by the Secretary of State as a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees .
.
Insertion of regulation 4D in the Council Tax Benefit Regulations
3
After regulation 4C of the Council Tax Benefit Regulations (persons from abroad) there shall be inserted the following regulation —
Entitlement of a refugee to council tax benefit
4D
Where a person, who has made a claim for asylum, is notified that he has been recorded by the Secretary of State as a refugee, these Regulations shall have effect with respect to his entitlement to council tax benefit for the relevant period which applies in his case in accordance with Schedule A1 (treatment of claims for council tax benefit by refugees) but subject to the provisions of that Schedule.
.
Amendment of Schedule 4 to the Council Tax Benefit Regulations
4
In Schedule 4 to the Council Tax Benefit Regulations (sums to be disregarded in the calculation of income other than earnings) —
a
in paragraph 36 the following words shall be added at the end —
, including any amount of housing benefit to which a person is entitled by virtue of regulation 7B of the Housing Benefit (General) Regulations 1987 (entitlement of a refugee to housing benefit).
; and
b
the following paragraphs shall be added at the end —
60
Any amount of council tax benefit to which a person is entitled by virtue of regulation 4D above (entitlement of a refugee to council tax benefit).
61
Any amount of income support to which a person is entitled by virtue of regulation 21ZA of the Income Support (General) Regulations 1987 (treatment of refugees) .
.
Amendment of Schedule 5 to the Council Tax Benefit Regulations
5
In Schedule 5 to the Council Tax Benefit Regulations (capital to be disregarded) — ;
a
in paragraph 34 the following words shall be added at the end —
, including any amount of housing benefit to which a person is entitled by virtue of regulation 7B of the Housing Benefit (General) Regulations 1987 (entitlement of a refugee to housing benefit) but only for a period of 52 weeks from the date that such an amount is received pursuant to that regulation.
;
b
the following paragraphs shall be added at the end —
50
Any amount of council tax benefit to which a person is entitled by virtue of regulation 4D above (entitlement of a refugee to council tax benefit) but only for a period of 52 weeks from the date that such an amount is received pursuant to that regulation.
51
Any amount of income support to which a person is entitled by virtue of regulation 21ZA of the Income Support (General) Regulations 1987 (treatment of refugees) but only for a period of 52 weeks from the date that such an amount is received pursuant to that regulation.
.
Insertion of Schedule A1 to the Council Tax Benefit Regulations
6
There shall be inserted before Schedule 1 to the Council Tax Benefit Regulations a new Schedule A1 (treatment of claims for council tax benefit by refugees) which is specified in Schedule 1 to these Regulations.
Consequential amendments to the Council Tax Benefit Regulations
7
The Council Tax Benefit Regulations shall be further amended in accordance with the following paragraphs —
a
in regulation 8 (applicable amounts) for the words “and 10” to “patients)” there shall be substituted the words “, 10 and Schedule A1 (polygamous marriages, patients, and treatment of claims for council tax benefit by refugees)”;
b
in regulation 9 (polygamous marriages) for the words “regulation 10 (patients)” there shall be substituted the words “regulation 10 and Schedule A1 (patients and treatment of claims for council tax benefit by refugees)”;
c
in paragraph (1) of regulation 10 (patients) at the beginning there shall be inserted the words “Subject to Schedule A1 (treatment of claims for council tax benefit by refugees),”;
d
in regulation 62(1) (time and manner in which claims are to be made) at the end there shall be added the words “or paragraph 4 of Schedule A1 (treatment of claims for council tax benefit by refugees)”;
e
in regulation 63(1) (evidence and information) at the beginning there shall be inserted the words “Subject to paragraph 4 of Schedule A1 (treatment of claims for council tax benefit by refugees),”;
f
in regulation 66(2) (who is to make a determination) —
i
in sub-paragraph (a) at the end there shall be added the words “or paragraph 1 of Schedule A1 (treatment of claims for council tax benefit by refugees)”;
ii
in sub-paragraph (b) after the words “regulation 63” there shall be inserted the words “or paragraph 4 of Schedule A1”.
PART 3
HOUSING BENEFIT
Amendment of regulation 7A of the Housing Benefit Regulations
8
1
Regulation 7A of the Housing Benefit Regulations (persons from abroad) shall be amended in accordance with the following paragraphs —
a
in paragraph (1) at the end there shall be added the words, “but this paragraph shall not have effect in respect of a person to whom and for a period to which regulation 7B and Schedule A1 apply.”;
b
for head (ii) in paragraph (4)(e) there shall be substituted the following head —
ii
a refugee;
;
c
in paragraph (7) the following definition shall be added at the end —
“refugee” in this regulation, regulation 7B (entitlement of a refugee to housing benefit) and Schedule A1 (treatment of claims for housing benefit by refugees), means a person recorded by the Secretary of State as a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees .
.
Insertion of regulation 7B in the Housing Benefit Regulations
9
After regulation 7A of the Housing Benefit Regulations (persons from abroad) there shall be inserted the following regulation —
Entitlement of a refugee to housing benefit
7B
1
Where a person, who has made a claim for asylum, is notified that he has been recorded by the Secretary of State as a refugee, these Regulations shall have effect with respect to his entitlement to housing benefit for the relevant period which applies in his case in acordance with Schedule A1 (treatment of claims for housing benefit by refugees), but that entitlement is —
a
subject to the provisions of Schedule A1; and
b
with respect to regulations 10 (rent) and 11 (maximum rent), subject to regulation 10(5A) of the Housing Benefit (General) Amendment Regulations 1995 (saving) .
2
Any housing benefit which is payable in consequence of this regulation shall be in the form of a rent allowance.
.
Amendment of Schedule 4 to the Housing Benefit Regulations
10
In Schedule 4 to the Housing Benefit Regulations (sums to be disregarded in the calculation of income other than earnings) —
a
in paragraph 51 the following words shall be added at the end —
including any amount of council tax benefit to which a person is entitled by virtue of regulation 4D of the Council Tax Benefit (General) Regulations 1992 (entitlement of a refugee to council tax benefit).
;
b
the following paragraphs shall be added at the end —
61
Any amount of housing benefit to which a person is entitled by virtue of regulation 7B above (entitlement of a refugee to housing benefit).
62
Any amount of income support to which a person is entitled by virtue of regulation 21ZA of the Income Support (General) Regulations 1987 (treatment of refugees) .
.
Amendment of Schedule 5 to the Housing Benefit Regulations
11
In Schedule 5 to the Housing Benefit Regulations (capital to be disregarded) —
a
in paragraph 45 the following words shall be added at the end —
, including any amount of council tax benefit to which a person is entitled by virtue of regulation 4D of the Council Tax Benefit (General) Regulations 1992 (entitlement of a refugee to council tax benefit) but only for a period of 52 weeks from the date that such an amount is received pursuant to that regulation.
;
b
after paragraph 49 the following paragraphs shall be added —
50
Any amount of housing benefit to which a person is entitled by virtue of regulation 7B above (entitlement of a refugee to housing benefit) but only for a period of 52 weeks from the date that such an amount is received pursuant to that regulation.
51
Any amount of income support to which a person is entitled by virtue of regulation 21ZA of the Income Support (General) Regulations 1987 (treatment of refugees) but only for a period of 52 weeks from the date that such an amount is received pursuant to that regulation.
.
Insertion of Schedule A1 to the Housing Benefit Regulations
12
There shall be inserted before Schedule 1 to the Housing Benefit Regulations a new Schedule A1 (treatment of claims for housing benefit by refugees) which is specified in Schedule 2 to these Regulations.
Consequential amendments to the Housing Benefit Regulations
13
The Housing Benefit Regulations shall be further amended in accordance with the following paragraphs —
a
in regulation 16 (applicable amounts) for the words “and 70” to “periods)” there shall be substituted the words “, 70 and Schedule A1 (polygamous marriages, patients, calculation of weekly amounts, rent free periods and treatment of claims for housing benefit by refugees)”;
b
in regulation 17 (polygamous marriages) for the words “and 70” to “periods)” there shall be substituted the words “, 70 and Schedule A1 (patients, calculation of weekly amounts, rent free periods and treatment of claims for housing benefit by refugees)”;
c
in paragraph (1) of regulation 18 (patients) for the words “and 70” to “periods)” there shall be substituted the words “, 70 and Schedule A1 (calculation of weekly amounts, rent free periods and treatment of claims for housing benefit by refugees)”;
d
in regulation 72(1) (time and manner in which claims are to be made) at the end there shall be added the words “or paragraph 5 of Schedule A1 (treatment of claims for housing benefit by refugees)”;
e
in regulation 73(1) (evidence and information) at the beginning there shall be inserted the words “Subject to paragraph 5 of Schedule A1 (treatment of claims for housing benefit by refugees),”;
f
in regulation 76(2) (who is to make a determination) —
i
in sub-paragraph (a) at the end there shall be added the words “or paragraph 1 of Schedule A1 (treatment of claims for housing benefit by refugees)”;
ii
in sub-paragraph (b) after the words “regulation 73” there shall be inserted the words “or paragraph 5 of Schedule A1”;
g
in regulations 93 and 94 (circumstances in which payment is to be made to a landlord) at the beginning there shall be inserted the words “Subject to paragraph 8(4) of Schedule A1 (treatment of claims for housing benefit by refugees),”.
Amendment of the Housing Benefit (General) Amendment Regulations 1995
14
In regulation 10 of the Housing Benefit (General) Amendment Regulations 1995 (saving provision) after paragraph (5) there shall be inserted the following new paragraph —
5A
The eligible rent of a person to whom regulation 7B of and Schedule A1 to the principal Regulations (entitlement to housing benefit by refugees) apply, shall be determined in accordance with regulations 10 and 11 of the principal Regulations as in force on 1st January 1996.
.
Peter Lilley
Secretary of State,
Department of Social Security
19th September 1996


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


text:
PART I
GENERAL
Citation, commencement and application
1
1
These Regulations may be cited as the Education (School Performance Information) (England) Regulations 1996 and shall come into force on 1st November 1996.
2
These Regulations apply in relation to schools in England.
Interpretation
2
1
In these Regulations, except where the context otherwise requires —
“the 1996 Act ” means the Education Act 1996 ;
“assessment” in relation to a maintained school means assessment pursuant to orders made under section 356 of the 1996 Act and “level” shall be construed in accordance with the provisions of such orders and in relation to a CTC means assessment pursuant to an agreement with the Secretary of State made under section 482 of the 1996 Act;
“assessment term” means the term in which assessment is completed;
“attainment targets” has the meaning given by section 353 of the 1996 Act;
“authority”, in relation to a school maintained by a local education authority, means that authority and, in relation to a grant-maintained or grant-maintained special school, a non-maintained special school or an independent school, means the local education authority in whose area the school is situated;
“CTC” means city technology college and city college for the technology of the arts;
“core subject” means any of the following subjects, English, mathematics or science;
“ GCE `A' level examinations” and “ GCE `AS' examinations” mean General Certificate of Education advanced level examinations and General Certificate of Education advanced supplementary examinations respectively;
“ GCSE ” means General Certificate of Secondary Education;
“maintained school” means —
any county or voluntary school;
any special school maintained by an authority which is not established in a hospital;
any grant-maintained school or grant-maintained special school which is not established in a hospital,
but excludes any nursery school;
“middle deemed secondary school” means a middle school deemed to be a secondary school by virtue of the Education (Middle Schools) Regulations 1980 ;
“ NC tests” and “NC tasks” mean respectively National Curriculum tests and National Curriculum tasks administered to pupils for the purpose of assessing the level of attainment which they have achieved in any core subject being tests and tasks laid down in provisions made by the Secretary of State under the appropriate order made under section 356 of the 1996 Act in force when those tests or tasks were administered ;
“non-maintained special school” means a special school which is neither maintained by an authority nor a grant-maintained special school;
“public examination” means a public examination which is for the time being prescribed by regulations made under section 453 of the 1996 Act ;
“reporting school year” means the school year immediately preceding the school year in which information provided to the Secretary of State under these Regulations is to be published by him;
“special educational needs” has the meaning given by section 312(1) of the 1996 Act;
“special school” has the meaning given by section 337 of the 1996 Act;
“unauthorised absence” means an occasion on which a pupil is recorded as absent without authority pursuant to the Education (Pupils Registration) Regulations 1995 and “authorised absence” shall be construed accordingly; and
“unit”, in relation to a vocational qualification, means a module or part of a course leading to that qualification which, when successfully completed, can be counted together with other modules or parts towards obtaining that qualification.
2
In these Regulations, except where the context otherwise requires —
a
references to pupils of a particular age are to pupils who attained that age during the period of twelve months ending on the 31st August immediately preceding the commencement of the reporting school year and who were registered pupils at the school on the third Thursday in January in the reporting school year;
b
references to examinations for which pupils at the school were entered include examinations for which they were entered otherwise than in pursuance of section 402 of the 1996 Act;
c
references to key stages are references to the periods set out in section 355(1) of the 1996 Act; and
d
references to a school maintained by an authority or to a grant-maintained special school do not include such a school which is established in a hospital.
3
Particulars to which these Regulations apply may be made available in the form of data from which the particulars are capable of being extracted by computer.
4
For the purposes of these Regulations any examination for the GCSE for which a pupil aged 15 was entered during a previous school year shall be treated as such an examination for which the pupil was entered during the reporting school year.
5
Information relating to authorised or unauthorised absences shall not include any information relating to any period after the Friday before the last Monday in May in the reporting school year.
6
In calculating the number of GCE `A' level examinations for which a pupil was entered, a GCE `AS' examination shall be treated as the equivalent of half a GCE `A' level examination.
7
In these Regulations, unless the context otherwise requires, any reference to a numbered regulation or Schedule is a reference to the regulation or Schedule bearing that number in these Regulations and any reference in a regulation or Schedule to a numbered paragraph is to the paragraph in that regulation or Schedule bearing that number.
Qualification of duties
3
The duties imposed on governing bodies, authorities and proprietors by virtue of these Regulations in respect of the making available, provision or publication of information apply only to the extent that that information is available to the governing body, authority or proprietor in time for it to be reasonably practicable to make available, provide or publish the information before the latest occasion on which the information is required to be made available, provided or published, as the case may be.
Revocations and savings
4
1
Subject to paragraph (2), the Education (School Performance Information) (England) Regulations 1994 , the Education (School Performance Information) (England) (Amend ment) Regulations 1995 and the Education (School Performance Information) (England) (Amendment) Regulations 1996 are hereby revoked.
2
The revocation of the Education (School Performance Information) (England) Regulations 1994 shall not relieve any person of any duty under those Regulations to make available, provide or publish information which has not been performed before the date that these Regulations come into force.
PART II
PROVISION OF INFORMATION BY HEAD TEACHER
Provision of information by head teacher to governing body
5
The head teacher of every maintained school shall each year make available to the governing body information about the matters mentioned in Schedules 1, 2 and 3, for the purpose of enabling the governing body to comply with their obligations under these Regulations in respect of those matters.
PART III
PROVISION OF INFORMATION TO THE SECRETARY OF STATE
Provision of assessment results to the Secretary of State
6
1
The governing body of every school maintained by an authority which, in the assessment term of the reporting school year, has registered pupils who are at or near the end of the final year of the first key stage, shall each year, by the end of that term, provide to the authority the information relating to assessment referred to in Part I of Schedule 1.
2
Every authority which, pursuant to paragraph (1), receives information from schools which it maintains shall, on or before the next following 31st July, provide to the Secretary of State that information for each such school.
3
The governing body of every grant-maintained or grant-maintained special school which, in the assessment term of the reporting school year, has registered pupils who are at or near the end of the final year of the first key stage, shall each year, on or before 15th July, provide to the Secretary of State the information relating to assessment referred to in Part I of Schedule 1.
4
The governing body of every maintained school which, in the assessment term of the reporting school year, has registered pupils who are at or near the end of the final year of the second key stage, shall, each year, on or before 11th July, provide to the Secretary of State the information relating to assessment referred to in Part II of Schedule 1.
5
The governing body of every maintained school and the proprietor of every CTC which, in the assessment term of the reporting school year, has registered pupils who are at or near the end of the final year of the third key stage, or in the case of a CTC has registered pupils aged 14, shall each year, on or before 11th July, provide to the Secretary of State the information relating to assessment referred to in Part III of Schedule 1.
Additional provision of information about second key stage assessment results to the Secretary of State
7
The governing body of every county, voluntary and grant-maintained primary or middle deemed secondary school shall, within two weeks of receiving a written request from the Secretary of State, provide him with the information about the school for the reporting school year referred to in Schedule 2.
Provision of results of school examinations and of courses leading towards vocational qualifications to the Secretary of State
8
The governing body of every maintained school and the proprietor of every non-maintained special school or independent school with pupils aged 15, 16, 17 or 18 shall, within two weeks of receiving a written request from the Secretary of State, make available to him such particulars relating to public examinations and courses leading to vocational qualifications or units for which registered pupils at the school were entered, and such other information as are referred to —
a
in the case of a school providing information in respect of pupils aged 15, in Part I of Schedule 3;
b
in the case of a school providing information in respect of pupils aged 16, 17 or 18, in Part II of Schedule 3.
Provision of information about authorised and unauthorised absence to the Secretary of State
9
1
Subject to paragraph (3), the governing body of every school maintained by an authority shall make available to that authority information for the reporting school year about the matters referred to in Schedule 4, for the purpose of enabling the authority to comply with its obligations under paragraph (2).
2
Subject to paragraph (3), every authority, in respect of each school which it maintains, the governing body of every grant-maintained and grant-maintained special school and the proprietor of every independent school and non-maintained special school shall, within two weeks of receiving a written request from the Secretary of State, provide him with information for the reporting school year about the matters referred to in Schedule 4.
3
This regulation does not apply in respect of a school providing education for boarding pupils only.
Provision of general information about secondary schools to the Secretary of State
10
The governing body of every maintained secondary school, (except a middle deemed secondary school) and the proprietor of every independent and non-maintained special school with pupils aged 15 shall, within two weeks of receiving a written request from the Secretary of State, provide him with the general information about the school for the reporting school year referred to in Schedule 5.
Provision of general information about primary schools to the Secretary of State
11
The governing body of every county, voluntary and grant-maintained primary or middle deemed secondary school shall, within two weeks of receiving a written request from the Secretary of State, provide him with the general information about the school for the reporting school year referred to in Schedule 6.
PART IV
PUBLICATION OF INFORMATION
Publication of local and national performance information about secondary schools by governing bodies
12
1
The governing body of every maintained secondary school (except a middle deemed secondary school) shall provide the information referred to in paragraph (2) in the form and manner and to the persons specified in paragraph (3).
2
That information is information for the reporting school year provided to the Secretary of State under these Regulations or (in the case of average and percentage figures) calculated by him from such information and published by him under section 537(6) of the 1996 Act consisting of —
a
the results in public examinations and courses leading to vocational qualifications or units achieved by pupils at secondary schools in the area of the relevant authority;
b
the rates of authorised and unauthorised absence of pupils at secondary schools in the area of the relevant authority;
c
the information referred to in Schedule 5 relating to secondary schools in the area of the relevant authority; and
d
the averages for pupils at secondary schools in the area of the relevant authority and in England of —
i
their results in public examinations and courses leading to vocational qualifications or units; and
ii
their rates of authorised and unauthorised absence.
3
The information shall be provided by copies of the document in which the information was published by the Secretary of State being made available at the school for reference by parents and other persons.
4
The governing body of every maintained primary school providing education for pupils in the final year of the second key stage and every maintained middle deemed secondary school shall provide the information referred to in paragraph (2) by distributing the document without charge to parents of pupils who are in their final year at the school before transfer to a secondary school and by making copies of the document available at the school for reference by parents and other persons.
Cheryl Gillan
Parliamentary Under-Secretary of State,
Department for Education and Employment
9th October 1996


text:
1
1
This Order may be cited as the Asylum and Immigration Act 1996 (Commencement No. 2) Order 1996.
2
In this Order “ the Act ” means the Asylum and Immigration Act 1996.
2
The provisions of the Asylum and Immigration Act 1996 specified in Part I of the Schedule to this Order shall come into force on 19th August 1996; the provisions specified in Part II of the Schedule shall come into force on 7th October 1996; the provision specified in Part III of the Schedule shall come into force on 21st October 1996; and the provisions specified in Part IV of the Schedule shall come into force on 1st November 1996.
Home Office
Timothy Kirkhope
Parliamentary Under-Secretary of State
11th August 1996