text:
PART I
GENERAL
Citation, commencement and revocation
1
1
These Regulations may be cited as the Education (School Premises) Regulations 1996 and shall come into force on 1st September 1996.
2
The Regulations, and the provisions in Regulations, listed in Schedule 1 are hereby revoked.
Interpretation
2
1
Except where the context otherwise requires, in these Regulations —
“the 1993 Act ” means the Education Act 1993;
“boarding school” means a school with boarding pupils whether or not it also has day pupils;
“circulation space” means any passageway, corridor, entrance hall, stairs or upstairs landing;
“glare index” has the same meaning as in, and shall be calculated in accordance with, the Chartered Institution of Building Services Engineers Technical Memoranda, “TM10:&4uspace;The Calculation of Glare Indices 1985” ;
“maintained illuminance” has the same meaning as in the Chartered Institution of Building Services Engineers Code for Interior Lighting 1994 ;
“physical education” includes the playing of games;
“playing fields” means so much of an outdoor area provided for physical education as, having regard to its configuration, is suitable for the playing of team games and is laid out for that purpose;
“relevant facility” means any facility referred to in paragraphs (2) to (7) of regulation 3;
“sanitary fitting” means a water closet or urinal;
“school” means a grant-maintained school , a grant-maintained special school or a school maintained by a local education authority, but a department of a school which has a separate head teacher shall be treated as a separate school;
“school building” means any building or part of a building forming part of a school;
“special school” means a special school maintained by a local education authority or a grant-maintained special school ;
“staff”, in relation to a school, means both teachers and other persons employed at the school;
“teaching accommodation” means accommodation provided for teaching purposes including nursery playroom accommodation;
“washroom” means a room containing at least one sanitary fitting and at least one washbasin;
“a wholesome supply of water for domestic purposes” shall be construed in accordance with regulations made under section 67 of the Water Industry Act 1991 ;
“working plane” means the horizontal, vertical or inclined surface on which any task is carried out.
2
For the purposes of these Regulations a pupil has “special requirements” if he has any needs arising from physical, medical, sensory, learning, emotional or behaviourial difficulties which require provision in terms of any of the facilities referred to in regulation 3 or regulation 9 which is additional to or different from that generally required by children of his age in schools other than special schools.
3
In these Regulations, the abbreviations “m”, “m 2 ”, and “°C” are used to denote the expressions “metre”, “square metre” and “degree Celsius” respectively.
4
In relation to a school any reference in these Regulations to the number of pupils, number of pupils of a specified age, or the number of boarding pupils is a reference to the number from time to time determined —
a
in the case of a county school or a nursery or special school established by a local education authority or a former authority, by the local education authority by whom the school is maintained;
b
in the case of a voluntary school or a special school not so established (not including a grant-maintained special school), by the governing body of the school in agreement with the local education authority by whom it is maintained;
c
in the case of a grant-maintained school or a grant-maintained special school, by the governing body of the school;
as that which they are satisfied is the normal number of registered pupils at the school, of the specified age, or who are boarding pupils, taking one year with another; and, if at the beginning of the autumn term at a school the actual number significantly exceeds the number so determined, the question whether that number remains the normal number shall be considered by that local education authority or the governing body, as the case may be:
Provided that when a school is first established the local education authority or the governing body referred to in sub-paragraph (a), (b) or (c) above, as appropriate, shall determine the said numbers having regard to the numbers specified in, or to be inferred from, the proposals published in pursuance of (as the case may be):
i
section 12 of the Education Act 1980;
ii
section 13 of the Education Act 1980;
iii
section 48 of the 1993 Act;
iv
section 49 of the 1993 Act; or
v
section 183 of the 1993 Act.
5
In calculating the number of pupils or number of pupils of a specified age, where one registered pupil attends only the morning sessions and another registered pupil attends only the afternoon sessions those two pupils shall count only as a single registered pupil.
6
For the purposes of these Regulations, a pupil shall, throughout any period of a year beginning on the first day of the autumn term, be treated as being of the age which was his age immediately before the beginning of that year:
Provided that —
a
where in the course of any such year a child attains the age of five years and is admitted to a school, he shall be treated as if he were of that age immediately before the beginning of that year;
b
where the admission arrangements for a school provide for the admission otherwise than to nursery classes of children who will attain the age of five years within six months after their admission, children so admitted shall be treated as being five years of age notwithstanding that they have not attained that age.
7
Where the number of pupils at a school who have, or have not, attained a specified age is no more than 2% of the total number of pupils at the school, or two, whichever is greater, those pupils shall be disregarded in determining for the purposes of these Regulations whether the school has pupils who have not, or have, attained that age.
8
Except where the context otherwise requires, in these Regulations any reference to a regulation or Schedule is a reference to a regulation of, or Schedule to, these Regulations, any reference in a regulation or Schedule to a paragraph is a reference to a paragraph of that regulation or Schedule and any reference in a paragraph to a sub-paragraph is a reference to a sub-paragraph of that paragraph.
PART II
SCHOOL FACILITIES
Washrooms etc. for pupils
3
1
In every school there shall be relevant facilities which are adequate having regard to the ages, sex and numbers of the pupils and any relevant special requirements they may have but never less than as set out in paragraphs (2) to (7).
2
In every school there shall be washrooms for pupils which, taken together, contain a number of sanitary fittings which is at least equal to “the basic number” being —
a
the aggregate of —
i
10% of the number of pupils at the school who have not attained the age of 5 years, and
ii
5% of the number of pupils at the school who have attained that age; or
b
in the case of a special school, 10% of the number of pupils at the school,
in each case rounded up to the nearest whole even number.
3
In considering for the purposes of paragraph (2) the washrooms in the school and the number of sanitary fittings contained therein, account shall be taken of any washroom for use by any pupil which fulfils the conditions set out in regulation 4(3)(b) provided that, in the case of a school with both male and female pupils who have attained the age of 8 years, there are at least two other washrooms for pupils.
4
a
In a school at which the majority of the pupils have attained the age of 11&4uspace;years —
i
every washroom for pupils in which there are fewer than 3 sanitary fittings shall contain at least as many washbasins as there are sanitary fittings,
ii
every other washroom for pupils shall contain a number of washbasins which is not less than two-thirds of the number of sanitary fittings.
b
In any other school, in all the washrooms for pupils taken together, the number of washbasins shall not be less than the basic number of sanitary fittings calculated in accordance with paragraph (2).
5
a
Except as provided in regulation 4(3), washrooms for male and female pupils who have attained the age of 8 years shall be separate.
b
In a washroom provided for male pupils and female pupils and in a washroom provided for female pupils only all of the sanitary fittings shall be water closets.
6
In the case of a school with pupils who have not attained the age of 5 years, one shower, bath or deep sink shall be provided for every 40 such pupils, the number of such pupils being rounded up to the nearest multiple of 40.
7
Changing accommodation including showers shall be provided for pupils who have attained the age of 11 years and are in receipt of physical education and that accommodation shall be readily accessible from the school grounds and from any accommodation provided for physical education within the school buildings.
Washrooms for staff
4
1
In every school there shall be a washroom or washrooms which are adequate for the number of staff at the school.
2
Except as provided in paragraph (3), washrooms for staff shall be separate from washrooms for pupils.
3
a
A washroom which fulfils the conditions set out in sub-paragraph (b) may be provided for use by any pupil, member of staff or visitor to the school.
b
The conditions referred to in sub-paragraph (a) are that:
i
the washroom makes provision (in so far as it is in the circumstances both practicable and reasonable) for the needs of persons using the premises who are disabled;
ii
the only relevant facilities in the washroom are one water closet and one washbasin; and
iii
any door of the washroom is capable of being secured from the inside and opens directly onto a circulation space other than stairs.
Medical accommodation
5
1
In every school there shall be accommodation for the medical or dental examination and treatment of pupils by doctors, dentists or nurses and for the care of pupils during school hours.
2
The accommodation provided in pursuance of this regulation shall contain a washbasin and be reasonably near a water closet.
3
Account shall be taken for the purposes of this regulation of accommodation (not being teaching accommodation) provided otherwise than for the purposes mentioned in paragraph (1) but which is both appropriate and readily available for those purposes, in particular, in the case of a boarding school, of sick room accommodation provided in pursuance of regulation 12.
Staff accommodation
6
1
In the case of —
a
a nursery school;
b
a school with more than 120 pupils, other than a pupil referral unit ; or
c
a special school,
the school shall include a head teacher’s room.
2
Every school, other than a pupil referral unit, shall include accommodation for use by the teachers at the school, for the purposes of work (otherwise than in teaching accommodation) and for social purposes.
Ancillary facilities
7
The buildings provided for a school shall be adequate to permit the provision of appropriate ancillary facilities, in particular —
a
for the safe and convenient passage of persons and movement of goods within the buildings;
b
for storing and drying pupils’ outdoor clothing and for storing their other belongings; and
c
for the preparation of food and drinks and the washing of crockery and other utensils.
PART III
SCHOOL ACCOMMODATION — PROVISIONS APPLYING ONLY TO BOARDING SCHOOLS
Sleeping accommodation for boarding pupils
8
1
A boarding school shall include sleeping accommodation which is adequate for the number of boarding pupils at the school and satisfies the requirements of paragraphs (2) to (5).
2
In the case of a school with both male and female boarding pupils the sleeping accommodation shall be such that no pupil who has attained the age of 8 years shall sleep in the same room as a pupil of the opposite sex.
3
The floor area of a dormitory shall not be less than the aggregate of 4.2 m 2 for each pupil sleeping in the dormitory and 1.6 m 2 , and there shall be a distance of not less than 0.9&4uspace;m between any two beds in a dormitory.
4
A cubicle for a single pupil shall have its own window and its floor area shall not be less than 5.0 m 2 .
5
A bedroom for a single pupil shall be of a floor area not less than 6.0 m 2 .
Washroom accommodation for boarding pupils
9
1
Water closets, washbasins, baths and showers shall be provided in a boarding school distributed through the school buildings so as to be reasonably accessible to the sleeping accommodation; and such fittings shall be adequate, having regard to the ages, sex and numbers of the boarding pupils at the school and any special requirements they may have, but never less than as set out in paragraphs (2) to (4).
2
There shall be at least one water closet for every five boarding pupils.
3
There shall be at least one washbasin —
a
for every three of the first 60 boarding pupils;
b
for every four of the next 40 boarding pupils; and
c
for every further 5 boarding pupils.
4
There shall be at least one bath or shower for every ten boarding pupils and at least 25% of the minimum number of such fittings shall be baths.
5
Fittings required by this regulation are in addition to those required by regulation 3 save that where the fittings required by regulation 3 are reasonably accessible to the sleeping accommodation they shall be taken into account for the purposes of this regulation.
6
Where in paragraphs (2) to (4) of this regulation the number of pupils to be used in the calculation is not an exact multiple of three, four, five or ten as the case may be, then it shall be rounded up to the next number which is such a multiple.
Living accommodation
10
1
A boarding school shall include living accommodation (both for the purposes of private study outside school hours and for social purposes) for the boarding pupils at the school of an aggregate floor area not less than 2.3 m 2 for each such pupil.
2
In the case of a school where either —
a
some or all the sleeping accommodation comprises study bedrooms or cubicles; or
b
the boarding accommodation is adjacent to other school accommodation which is appropriate for use outside school hours as living accommodation for boarding pupils,
then such accommodation shall be taken into account for the purposes of this regulation.
Accommodation for the preparation and consumption of meals
11
1
A boarding school shall include accommodation —
a
for the preparation of meals for boarding pupils; and
b
in which such pupils may eat meals.
2
If the boarding accommodation is adjacent to other school accommodation which is appropriate for use as mentioned in paragraph (1), that other accommodation shall be taken into account for the purposes of this regulation.
Sick rooms
12
1
A boarding school shall include, as part of the boarding accommodation —
a
one or more sick rooms;
b
if the school has more than 40 boarding pupils, one or more separate isolation rooms; and
c
associated facilities by way of baths, washbasins and water closets,
which satisfy the requirements of paragraphs (2) and (3).
2
In the case of a school with both male and female boarding pupils, any of whom have attained the age of 8 years, separate sick rooms shall be provided for male pupils and for female pupils.
3
The floor area of a sick room or isolation room shall not be less than 7.4 m 2 for each bed and there shall be a distance of not less than 1.8&4uspace;m between any two beds in a sick room or isolation room.
4
A cubicle for a single pupil shall have its own window.
Staff accommodation
13
The accommodation provided for persons employed as residential staff at a boarding school shall be separate from that provided for the pupils and include in particular —
a
accommodation in which meals are taken;
b
sleeping accommodation; and
c
associated facilities by way of water closets, washbasins, baths and showers.
Storage facilities
14
A boarding school shall include adequate storage facilities for pupils’ belongings and adequate facilities for the storage and care of linen.
PART IV
PROVISIONS RELATING TO STRUCTURAL REQUIREMENTS ETC.
Load bearing structure
15
Any load bearing structure in a school building shall be capable of safely sustaining and transmitting the dead load and imposed loads, and the horizontal and inclined forces, to which it is likely to be subjected.
Weather protection
16
A school building shall provide reasonable resistance to penetration by rain, snow and wind and to moisture rising from the ground.
Health, safety and welfare
17
1
Every part of a school building and of the land provided for a school, having regard in particular to the matters mentioned in paragraph (2), shall be such that the safe escape of the occupants of the school buildings in case of fire is reasonably assured.
2
The matters referred to in paragraph (1) are —
a
the likely rate at which flames would spread across exposed surfaces;
b
resistance to fire of the structures and of the materials of which the structures are made and their other properties; and
c
the means of escape in case of fire.
3
Every part of a school building and of the land provided for a school shall be such that the health, safety and welfare of the occupants in aspects other than those referred to in paragraph (1) are reasonably assured.
Acoustics
18
1
Each room or other space in a school building shall have the acoustic conditions and the insulation against disturbance by noise appropriate to its normal use.
Lighting
19
1
Each room or other space in a school building —
a
shall have lighting appropriate to its normal use; and
b
shall satisfy the requirements of paragraphs (2) to (4).
2
Subject to paragraph (3), the maintained illuminance of teaching accommodation shall be not less than 300 lux on the working plane.
3
In teaching accommodation where visually demanding tasks are carried out provision shall be made for maintained illuminance of not less than 500 lux on the working plane.
4
The glare index shall be limited to no more than 19.
Heating
20
1
Each room or other space in a school building shall have such system of heating, if any, as is appropriate to its normal use.
2
Any such heating system shall be capable of maintaining in the areas set out in column (1) of the Table below the air temperature set out opposite thereto, in column (2) of that Table, at a height of 0.5&4uspace;m above floor level when the external air temperature is −1°C.
(1) (2) Areas Temperature
Areas where there is the normal level of physical activity associated with teaching, private study or examinations 18°C Areas where there is a lower than normal level of physical activity because of sickness or physical disability including sick rooms and isolation rooms but not other sleeping accommodation 21°C Areas where there is a higher than normal level of physical activity (for example arising out of physical education) and washrooms, sleeping accommodation and circulation spaces. 15°C
3
Each room or other space which has a heating system shall, if the temperature during any period during which it is occupied would otherwise be below that appropriate to its normal use, be heated to a temperature which is so appropriate.
4
In a special school, nursery school or teaching accommodation used by a nursery class in a school the surface temperature of any radiator, including exposed pipework, which is in a position where it may be touched by a pupil shall not exceed 43°C.
Ventilation
21
1
All occupied areas in a school building shall have controllable ventilation at a minimum rate of 3 litres of fresh air per second for each of the maximum number of persons the area will accommodate.
2
All teaching accommodation, medical examination or treatment rooms, sick rooms, isolation rooms, sleeping and living accommodation shall also be capable of being ventilated at a minimum rate of 8 litres of fresh air per second for each of the usual number of people in those areas when such areas are occupied.
3
All washrooms shall also be capable of being ventilated at a rate of at least six air changes an hour.
4
Adequate measures shall be taken to prevent condensation in, and remove noxious fumes from, every kitchen and other room in which there may be steam or fumes.
Water supplies
22
1
A school shall have a wholesome supply of water for domestic purposes including a supply of drinking water.
2
Water closets and urinals shall have an adequate supply of cold water and washbasins, sinks, baths and showers shall have an adequate supply of hot and cold water.
3
The temperature of hot water supplies to baths and showers shall not exceed 43°C.
Drainage
23
A school shall be provided with an adequate drainage system for hygienic purposes and the general disposal of waste water and surface water.
PART V
Playing fields
24
1
This regulation shall apply in the case of a school for pupils who have attained the age of 8 years (whether or not the school also has pupils who have not attained that age) other than a pupil referral unit.
2
In the case of a school to which this regulation applies playing fields shall be provided which satisfy the provisions specified in Schedule 2.
Cheryl Gillan
Parliamentary Under Secretary of State,
Department for Education and Employment
21st February 1996
Rod Richards
Parliamentary Under Secretary of State,
Welsh Office
22nd February 1996


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Stock Transfer (Addition and Substitution of Forms) Order 1996 and shall come into force on 15th July 1996.
2
In this Order expressions used in the Uncertificated Securities Regulations 1995 have the same meanings as in those Regulations.
Additional form for transfers to system-members
2
1
The form set out in Schedule 1 to this Order shall be added to Schedule 1 of the Stock Transfer Act 1963 for use where units of a registered security to which section 1 of that Act applies are transferred to a system-member to be held by him as uncertificated units of that security.
2
Nothing in subsection (1) of that Act shall require an instrument in that form to specify the address of the transferee.
Substitution of present stock transfer form
3
1
The form set out in Schedule 2 to this Order shall be substituted for the first form set out in Schedule 1 to the Stock Transfer Act 1963 (which is referred to in that Act as a stock transfer form) .
2
Subsection (3) of section 1 of the Stock Transfer Act 1963 shall apply in relation to the form for which the form set out in Schedule 2 to this Order is substituted as it applies to any form for which the form set out in the Schedule to the Stock Transfer (Substitution of Forms) Order 1990 was substituted but with the modification mentioned in paragraph (3) below.
3
The modification referred to in paragraph (2) above is the substitution for the words “for which the form set out in the Schedule to the Stock Transfer (Substitution of Forms) Order 1990 is substituted” the words “for which the form set out in Schedule 2 to the Stock Transfer (Addition and Substitution of Forms) Order 1996 is substituted”.
Derek Conway
Liam Fox
Two of the Lords Commissioners of Her Majesty’s Treasury
18th July 1996


text:
Citation
1
This Order may be cited as the Dorset Fire Services (Combination Scheme) Order 1996 and shall come into force on the day after the day on which it is made.
Combination Scheme
2
The combination scheme set out in the Schedule to this Order, which shall be known as the Dorset Fire Services Combination Scheme, shall have effect.
Blatch
Minister of State
Home Office
19th November 1996


text:
Title and commencement
1
These Regulations may be cited as the Fertilisers (Mammalian Meat and Bone Meal) (Amendment) Regulations 1996 and shall come into force on 17th October 1996.
Amendment of The Fertilisers (Mammalian Meat and Bone Meal) Regulations 1996
2
In regulation 2 of the Fertilisers (Mammalian Meat and Bone Meal) Regulations 1996 , the words from “and” immediately preceding the definition of “mammalian meat and bone meal” to the end of the regulation shall be replaced by the following —
“mammalian meat and bone meal” means mammalian protein derived from the whole or part of any dead mammal by rendering, or, in the case of an imported product, by an equivalent process;
“protein” means any proteinaceous material which is derived from a carcase but does not include —
milk or any milk product;
dicalcium bone phosphate;
dried plasma or any other blood product;
gelatin; or
amino acids produced from hides and skins by a process which involves exposure of the material to acid of a pH lower than 2 followed by alkali of a pH greater than 11 and heat treatment at a minimum of 140°C for 30 minutes at a pressure of 3 bar; and
“rendering” means subjecting any material at a rendering, fishmeal or other plant to any of the systems of treatment or procedures mentioned in Schedule 4 to the Animal By-Products Order 1992..
Tim Boswell
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
13th September 1996
Raymond Robertson
Parliamentary Under Secretary of State,
Scottish Office
20th September 1996
Signed by authority of the Secretary of State for Wales
Jonathan Evans
Parliamentary Under Secretary of State,
Welsh Office
12th September 1996


text:
1
This Order may be cited as the Finance Act 1996, section 8, (Appointed Day) Order 1996.
2
The day appointed as the day on which section 8 of the Finance Act 1996 comes into force is 1st November 1996.
D.J. Howard
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
4th October 1996


text:
Commencement and citation
1
This Order may be cited as The A41 Trunk Road (Westminster) Red Route Experimental Traffic Order 1996, and shall come into force on 30th August 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 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 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 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.
4
The controls specified in article 3(1) and (2) do not apply in respect of a vehicle stopping in Baker Street, the east side, from a point 14 metres south of the southern kerb line of Melcombe Street southward for a distance of 12 metres for so long as is needed for a person to get on or off the vehicle.
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 City of Westminster (Waiting and Loading Restriction) Order 1976 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 City of Westminster (Waiting and Loading Restriction) Order 1976 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
20th August 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Contracting Out (Functions in relation to the provision of Guardians Ad Litem and Reporting Officers Panels) Order 1996.
2
This Order shall come into force on the day after the day on which it is made.
3
In this Order “the 1991 Regulations ” means the Guardians Ad Litem and Reporting Officers (Panels) Regulations 1991 .
Contracting out of functions in relation to the provision of panels of guardians ad litem and reporting officers
2
1
Any function of a local authority which is conferred by the 1991 Regulations may be exercised by, or by employees of, such person (if any) as may be authorised in that behalf by that local authority.
2
Where any function of a local authority which is conferred by the 1991 Regulations is exercised by a person other than the authority in accordance with paragraph (1) of this article, Schedule 1 to the 1991 Regulations (complaints board) shall have effect in relation to that authority as if in paragraph (a) at the end there were inserted the words “nor a person who is authorised to exercise any function of the local authority which is conferred by these Regulations in accordance with article 2 of the Contracting Out (Functions in relation to the provision of Guardians Ad Litem and Reporting Officers Panels) Order 1996, nor an employee of such person”.
Stephen Dorrell
One of Her Majesty’s Principal Secretaries of State,
Department of Health
18th March 1996


text:
Commencement and citations
1
This Order may be cited as the A10 Trunk Road (Enfield) Red Route (Bus Lanes) (No. 2) 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; and
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 4:00 p.m. and 7:00 p.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 (Bus Lanes) (No.1) Traffic Order 1977 ( GLC TMO No.238) as amended, is hereby revoked, in so far as its provisions relate to any part of the trunk road red route.
TRO 135
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
3rd June 1996


text:
Citation, commencement and introduction
1
This Order may be cited as the London Cab (No. 2) Order 1996 and shall come into force on 27th April 1996.
2
The London Cab Order 1934 shall be amended in accordance with the following provisions of this Order.
Scales of fares
3
For paragraph 40 (scales of fares excluding extras) there shall be substituted the following —
40
1
Subject to sub-paragraph (2) below, the fare payable for the hiring of a motor cab shall be according to the following scale —
a
a hiring charge of £1.00, and
b
in respect of any part of the hiring during which the cab travels at a speed exceeding 10.34 miles an hour, at the rate of 20p for 256.5 metres or, if the fare shown on the taximeter is £8.60 or more, at the rate of 20p for 171 metres, and
c
in respect of any part of the hiring during which the cab is stationary or travels at a speed not exceeding 10.34 miles an hour, at a rate of 20p for 55.5 seconds or, if the fare shown on the taximeter is £8.60 or more, at the rate of 20p for 37 seconds.
2
In any case where the fare according to the scale prescribed in sub-paragraph (1) above would be less than £1.40 the fare payable shall be £1.40, and in any other case where the fare would exceed a multiple of 20p by a sum which is less than 20p the fare payable shall be the next higher multiple of 20p.
Amendment to extra charges
4
In paragraph 41(1)(a) (which prescribes extra charges for the carriage of additional passengers), for “30p” there shall be substituted “40p”.
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
19th April 1996


text:
Title and commencement
1
These Regulations may be cited as the Agricultural Holdings (Fee) Regulations 1996 and shall come into force on 1st March 1996.
Prescribed fee
2
The fee for an application to the President of the Royal Institution of Chartered Surveyors —
a
for a person to be appointed by him under section 22(2) of the Agricultural Holdings Act 1986, or
b
for an arbitrator to be appointed by him under paragraph 1(1) of Schedule 11 to that Act
is hereby increased from £70 to £115.
Revocation
3
The Agricultural Holdings (Fee) Regulations 1985 are hereby revoked.
Tim Boswell
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
19th February 1996
Signed by the authority of the Secretary of State for Wales
Gwilyn Jones
Parliamentary Under Secretary of State for Wales
15th February 1996


text:
PART I
GENERAL
Citation and commencement
1
This Order may be cited as the Essex (Boroughs of Colchester, Southend-on-Sea and Thurrock and District of Tendring) (Structural, Boundary and Electoral Changes) Order 1996 and shall come into force for the purposes of articles 2(2), 4(1), (3) and (4), 7 to 9 and 11 on the day after the day on which it is made, for the purposes of article 10 on 1st April 1997 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
“Essex” means the non-metropolitan county of Essex and “the County Council” means the council of that county;
“map” means the map prepared by the Department of the Environment, marked “Map of the Essex (Boroughs of Colchester, Southend-on-Sea and Thurrock and District of Tendring) (Structural, Boundary and Electoral Changes) Order 1996” and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994;
“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;
“Southend” means the borough of Southend-on-Sea and “the Southend Council” means the council of that borough;
“subordinate legislation” has the same meaning as in section 21 of the Interpretation Act 1978;
“Thurrock” means the borough of Thurrock and “the Thurrock Council” means the council of that borough; and
“the transferee authorities” means the councils of Southend and Thurrock.
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 SOUTHEND AND THURROCK
Structural change
3
The functions of the County Council in relation to Southend and Thurrock (other than functions under Chapter II of Part II of the 1990 Act in respect of Thurrock) shall, subject to the following provisions of this Part and to any other relevant provision, be transferred to the transferee authorities.
Fire services
4
1
In this article —
“the 1947 Act ” means the Fire Services Act 1947; and
“the relevant area” means the area comprising Essex (as constituted on and after the reorganisation date) and the areas of the transferee authorities.
2
The area of each transferee authority shall, subject to any combination scheme under the 1947 Act, 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 Essex”; 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 Essex”.
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,”.
Planning functions
5
1
Any structure plan applying immediately before the reorganisation date to Essex, excluding the area of Thurrock, and any proposals prepared before that date for the alteration or replacement of such a plan shall be treated as if they had been prepared jointly by the County Council and the Southend Council; and section 50 of the 1990 Act shall apply accordingly.
2
In relation to the Southend Council —
a
section 36(5) of the 1990 Act (which provides that a local plan shall not contain policies in respect of minerals or waste) shall not apply;
b
subsection (1) of section 37 of that Act (minerals local plans) shall have effect as if, after the words “local plan”, there were added the words “or include in their local plan their detailed policies in respect of development consisting of the winning and working of minerals or involving the deposit of mineral waste”; and
c
subsection (2) of section 38 of that Act (waste policies) shall have effect as if, after paragraph (b), there were added the following —
or
c
include their waste policies in their local plan.
.
3
Thurrock Council shall be treated as an authority to whose area Chapter I of Part II of the 1990 Act (“Chapter I”) (unitary plans) applies, instead of Chapter II of that Part (structure and local plans).
4
For the purposes of paragraph (3) above, Thurrock 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.
5
The 1990 Act shall have effect in relation to Thurrock 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 of part of the area of a local planning authority)” there were substituted the words “the district of Thurrock (whether the whole or part of the area of that district)”; and
b
section 28 (commencement of Chapter I: transitional provisions) did not apply.
6
Until a unitary development plan becomes operative for the area of Thurrock (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 Country Planning Act 1971 (old development plans, etc );
and Part I of Schedule 2 shall have effect in relation to Thurrock 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.
Constitution of new counties of Southend-on-Sea and Thurrock
6
1
Southend and Thurrock shall cease to form part of Essex.
2
A new county shall be constituted comprising the area of Southend and shall be named the county of Southend-on-Sea.
3
A new county shall be constituted comprising the area of Thurrock and shall be named the county of Thurrock.
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 Southend-on-Sea and Thurrock.
PART III
TRANSITIONAL PROVISION
Election of councillors in Southend in 1997 and subsequent years
7
The Borough of Southend-on-Sea (Electoral Arrangements) Order 1975 shall be amended by the substitution of the following article for article 9 —
9
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 in 1997 for any ward of the borough —
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,
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
In each year in which a councillor for a ward in the borough retires in accordance with paragraphs (3) to (6) 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.
8
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.
.
Election of councillors in Thurrock in 1997 and subsequent years
8
1
The Borough of Thurrock (Electoral Arrangements) Order 1976 shall be amended in accordance with the following paragraphs of this article.
2
The following shall be substituted for article 9 —
9
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
The order of retirement of the councillors shall be as set out in Schedule 2 to this Order.
4
Where the number of councillors elected in 1997 for any ward of the borough is two, the first to retire shall be, subject to paragraphs (6) and (7) below, the councillor elected by the smaller number of votes.
5
Where the number of councillors elected in 1997 for any ward of the borough is three —
a
one-third shall retire in 1999 being, subject to paragraphs (6) and (7) 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,
c
the remaining councillor shall retire in 2001.
6
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.
7
If an election of councillors for any ward is not contested, the person to retire in each such year shall be determined by lot.
8
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.
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.
.
3
The following shall be substituted for Schedule 2 —
SCHEDULE 2
ORDER OF RETIREMENT OF COUNCILLORS
Article 9(3)
Name of ward Number of councillors to retire in 1999 Number of councillors to retire in 2000 Number of councillors to retire in 2001
Aveley 1 1 1 Belhus 1 1 1 Chadwell St Mary 1 1 1 Corringham and Fobbing 1 1 1 East Tilbury 1 0 1 Grays Thurrock North 1 0 0 Grays Thurrock Town 1 1 1 Little Thurrock 1 1 1 Ockendon 1 1 1 Orsett 0 1 1 Stanford-le-Hope 1 1 1 Stifford 1 1 1 The Homesteads 1 1 1 Tilbury 1 1 1 West Thurrock 1 1 1
.
Retirement of councillors and casual vacancies
9
1
The ordinary election of councillors in 1997 for the electoral divisions of Essex comprised in Southend and Thurrock 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 a transferee authority 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 Essex comprised in Southend and Thurrock shall cease to be electoral divisions on the reorganisation date.
PART IV
BOUNDARY CHANGES
Transfers of areas between the borough of Colchester and district of Tendring
10
1
The area marked A1 on the map shall be transferred from —
a
the borough of Colchester;
b
the Wivenhoe St Andrews electoral division;
c
the Wivenhoe ward of the borough; and
d
the parish of Wivenhoe;
to —
i
the district of Tendring;
ii
the Tendring Rural West electoral division;
iii
the Elmstead ward of the district; and
iv
the parish of Elmstead.
2
The area marked A2 on the map shall be transferred from —
a
the district of Tendring;
b
the Tendring Rural West electoral division;
c
the Elmstead ward of the district; and
d
the parish of Elmstead;
to —
i
the borough of Colchester;
ii
the Wivenhoe St Andrews electoral division;
iii
the Wivenhoe ward of the borough; and
iv
the parish of Wivenhoe.
PART V
ELECTORAL ARRANGEMENTS
Additional councillors in Thurrock
11
For the purposes of any election held on or after 1st May 1997 the number of councillors for the East Tilbury and West Thurrock wards in the borough of Thurrock shall be two and three respectively.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
18th July 1996


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service Contracts (Dispute Resolution) Regulations 1996 and shall come into force on 1st April 1996.
2
In these Regulations, unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“adjudicator” means a person appointed under section 4(5) of the Act;
“party” means —
in relation to a reference under section 4(3) of the Act, a party to the NHS contract to which the reference relates, and
in relation to a reference under section 4(4) of the Act, a health service body which is a prospective party to the proposed NHS contract to which the reference relates.
3
Any notice or other document required or authorised to be given under these Regulations —
a
to a health service body, other than a recognised fund-holding practice, may be given by delivering it to the principal office of that body, or by sending it by post in a pre-paid envelope addressed to that body at its principal office;
b
to a recognised fund-holding practice may be given by delivering it to the address given as that of any of the members of the practice in any medical list in which he is included or by sending it by post in a pre-paid envelope addressed to any of the members of the practice at the address given as his address in any medical list in which he is included.
4
In these Regulations, unless the context otherwise requires, any reference to a numbered regulation is to the regulation bearing that number in these Regulations, and any reference in a regulation to a numbered paragraph is to the paragraph bearing that number in that regulation.
Representations and consideration
2
1
Within the period of seven days beginning with the date of his appointment to consider and determine a matter, the adjudicator shall —
a
give to the parties notice in writing of his appointment
b
include with the notice a written request to the parties to make in writing within a specified period any representations which they may wish to make about the matter; and
c
where he is not a party, make in writing the same request of the Secretary of State.
2
The adjudicator shall make any request to the Secretary of State under paragraph (1)(c) on the same day as the day on which the notice referred to in paragraph (1)(a) is given.
3
The adjudicator shall give, with the notice given under paragraph (1) to each party other than the health service body which referred the matter to the Secretary of State, a copy of any document by which the matter was referred under section 4(3) or section 4(4) of the Act.
4
The adjudicator shall forthwith upon receiving any representations —
a
from the Secretary of State (where he is not a party), give a copy of them to each of the parties;
b
from a party, give a copy of them to the other party,
and shall in each case request (in writing) a party to whom a copy of the representations is given to make within a specified period any written observations which it wishes to make on those representations.
5
For the purpose of assisting him in his consideration of the matter, the adjudicator may —
a
invite representatives of the parties to appear before him to make oral representations either together or, with the agreement of the parties, separately;
b
consult other persons whose expertise he considers will assist him in his consideration of the matter.
6
Where the adjudicator consults another person under paragraph (5)(b), he shall notify the parties accordingly and, where he considers that the interests of any party might be substantially affected by the result of the consultation, he shall give to the parties such opportunity as he considers reasonable in the circumstances to make observations on those results.
7
In considering the matter, the adjudicator shall consider —
a
any written representations made in response to a request under paragraph (1)(b) and (c), but only if they are made within the specified period;
b
any written observations made in response to a request under paragraph (4), but only if they are made within the specified period;
c
any oral representations made in response to an invitation under paragraph (5)(a);
d
the results of any consultation under paragraph (5)(b); and
e
any observations made in accordance with an opportunity given under paragraph (6).
8
In this regulation, “specified period” means —
a
in relation to a request under paragraph (1)(b) or (c), such period as the adjudicator shall specify in the request in accordance with paragraph (9), being not less than two, nor more than four, weeks from the date on which the notice referred to in paragraph (1)(a) is given;
b
in relation to a request under paragraph (4), such period as the adjudicator shall specify in the request, being not less than two weeks from the date on which copies of the representations are given;
but the adjudicator may, if he considers that there is good reason for doing so, extend any such period (even after it has expired) and, where he does so, a reference in this regulation to the specified period is to the period as so extended.
9
In specifying a period for the purposes of paragraph (1)(c) for the Secretary of State, the adjudicator shall seek to ensure, so far as is reasonably practicable, that the period will be such as to permit observations made by a party under paragraph (4) on those representations to be made within the period specified for the party under paragraph (1)(b).
10
Where a party is situated in Northern Ireland, the references in paragraphs (1), (2), (4)(a) and (9) to the Secretary of State shall be taken to include references to the Department of Health and Social Services for Northern Ireland as well as to the Secretary of State.
Recording of determination
3
The adjudicator shall record his determination, and the reasons for it, in writing and shall give notice of the determination (including the record of the reasons) —
a
to the parties;
b
to the Secretary of State and, where one of the parties is situated in Northern Ireland, to the Department of Health and Social Services for Northern Ireland.
Revocation
4
The National Health Service Contracts (Dispute Resolution) Regulations 1991 are hereby revoked.
Signed by authority of the Secretary of State for Health
Gerald Malone
Minister of State,
Department of Health
6th March 1996


text:
Now, therefore, Her Majesty, in exercise of the powers conferred on Her by section 1(3) of the European Communities Act 1972 or otherwise in Her Majesty vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows: —
1
This Order may be cited as the European Communities (Definition of Treaties) (Euro-Mediterranean Agreement Establishing an Association between the European Communi ties and their Member States and the Republic of Tunisia) Order 1996. It shall come into operation in respect of the treaty specified in the Schedule to this Order on the date on which the Agreement comes into force for the United Kingdom. This date will be notified in the London, Edinburgh and Belfast Gazettes.
2
The treaty specified in the Schedule to this Order is to be regarded as a Community Treaty as defined in section 1(2) of the European Communities Act 1972.
N. H. Nicholls
Clerk of the Privy Council


text:
PART I
GENERAL
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Contracting-out (Transfer and Transfer Payment) Regulations 1996 and shall come into force on 6th April 1997.
2
In these Regulations —
“the 1993 Act ” means the Pension Schemes Act 1993;
“accrued rights”, for the purposes of Parts II and IV of these Regulations, has the meaning given to that expression in section 20(6) of the 1993 Act;
“appropriate personal pension scheme” shall be construed in accordance with section 7 of the 1993 Act ;
“appropriate policy” means a policy of insurance or an annuity contract such as is described in section 19(4) of the 1993 Act;
“appropriately secured” has the meaning given to that expression in section 19(3) of the 1993 Act;
“connected employer transfer” and “connected employer transfer payment” mean respectively a transfer of guaranteed minimum pensions from a salary-related contracted-out scheme to a salary-related contracted-out scheme and a transfer payment in respect of section 9(2B) rights from a salary-related contracted-out scheme to a salary-related contracted-out scheme where either —
the transferring scheme and the receiving scheme apply to employment with the same employer; or
the transferring scheme and the receiving scheme apply to employment with different employers, the earner or person concerned is one of a group of persons in respect of whom transfers or transfer payments are being made from the transferring scheme to the receiving scheme and either —
the transfer or transfer payment is a consequence of a financial transaction between the employers,
each of the employers is one of a group of companies consisting of a holding company and one or more subsidiaries within the meaning of section 736 of the Companies Act 1985 , or
the employers are associated employers within the meaning of section 590A(3) and (4) of the Income and Corporation Taxes Act 1988 ;
“earner” includes an earner who is not in employment at the time of the transfer or transfer payment;
“money purchase contracted-out scheme” means an occupational pension scheme which is contracted-out by virtue of satisfying section 9(3) of the 1993 Act ;
“overseas arrangement” means a scheme or arrangement, other than an occupational pension scheme, which —
has effect, or is capable of having effect, so as to provide benefits on termination of employment or on death or retirement to or in respect of earners;
is not an appropriate personal pension scheme; and
is administered wholly or primarily outside the United Kingdom;
“overseas scheme” means an occupational pension scheme which is administered wholly or primarily outside the United Kingdom but does not include one which is contracted-out within the meaning of section 7(3) of the 1993 Act nor one in respect of which section 53 of the 1993 Act applies;
“the principal appointed day” has the meaning given to that expression in section 7(2B) of the 1993 Act ;
“protected rights” has the meaning given to that expression in section 10 of the 1993 Act ;
“salary-related contracted-out scheme” means an occupational pension scheme which is contracted-out by virtue of satisfying section 9(2) of the 1993 Act ;
“scheme” means an occupational pension scheme or a personal pension scheme;
“section 9(2B) rights” are —
rights (other than rights attributable to voluntary contributions within the meaning of section 111 of the 1993 Act) which are attributable to an earner’s service on or after the principal appointed day in employment which is contracted-out in accordance with section 9(2B) of the 1993 Act ; and
where a transfer payment has been made to a salary-related scheme in respect of rights mentioned in paragraph (a) or of post-97 protected rights (as defined in regulation 1(2) of the Protected Rights (Transfer Payment) Regulations 1996 ), any rights arising under that scheme as a consequence of that payment or, where only part of it was made in respect of such rights, of that part of it;
“trustees”, in relation to a scheme which is not set up or established under a trust, means the managers of the scheme.
PART II
TRANSFERS OF AND TRANSFER PAYMENTS IN RESPECT OF GUARANTEED MINIMUM PENSIONS
General
2
1
A transfer or transfer payment from an occupational pension scheme of or in respect of the accrued rights of an earner to guaranteed minimum pensions may be made in accordance with whichever of regulations 3 to 6 is applicable and no such transfer or transfer payment may otherwise be made from such a scheme.
2
A transfer or transfer payment from an appropriate policy of or in respect of the accrued rights of an earner to guaranteed minimum pensions which are appropriately secured may be made in accordance with whichever of regulations 3, 5 or 6 is applicable and no such transfer or transfer payment may otherwise be made from such a policy.
3
A transfer of liability for the payment of guaranteed miniumum pensions to or in respect of any person who has become entitled to them may be made from an occupational pension scheme in accordance with whichever of regulations 3 or 4 is applicable and no such transfer may be made otherwise.
4
In regulations 3 to 6 “transfer” means a transfer, of accrued rights or liability, such as is described in this regulation and “transfer payment” means a payment in respect of accrued rights such as is described in this regulation.
Transfers of guaranteed minimum pensions to salary-related contracted-out schemes
3
A transfer may be made to a salary-related contracted-out scheme if —
a
the earner or person concerned consents in writing;
b
in the case of a transfer of the accrued rights of an earner —
i
the earner is employed by an employer who is a contributor to the receiving scheme, or
ii
the earner has previously been a member of the receiving scheme;
c
in the case of a transfer of the accrued rights of an earner who is not in employment which is contracted-out by reference to the receiving scheme, the conditions specified in paragraphs 1 to 4 of Schedule 1 are satisfied, unless the transfer is from an appropriate policy in which case the condition set out in paragraph 5 of Schedule 1 must be satisfied;
d
in the case of a transfer of the accrued rights of an earner from an appropriate policy, the receiving scheme does not make provision under section 16(2) and (3) of the 1993 Act (revaluation of earnings factors for purposes of section 14: early leavers etc. ), or any analogous provision, in relation to the rights transferred where the effect would be to increase them at a different rate from that at which they would have been increased had the transfer not taken place; and
e
in the case of a transfer of liability for the payment of guaranteed minimum pensions to or in respect of a person who has become entitled to them, the transfer is from a scheme and the conditions set out in paragraph 6 of Schedule 1 are satisfied.
Connected employer transfers of guaranteed minimum pensions
4
A connected employer transfer may be made to a salary-related contracted-out scheme subject to the conditions set out in regulation 3(c) and (e).
Transfer payments in respect of guaranteed minimum pensions to money purchase contracted-out schemes and appropriate personal pension schemes
5
A transfer payment may be made to a money purchase contracted-out scheme or an appropriate personal pension scheme if —
a
the earner consents in writing;
b
if the transfer payment is to a money purchase contracted-out scheme —
i
the earner is employed by an employer who is a contributor to the receiving scheme, or
ii
the earner has previously been a member of the receiving scheme;
c
the transfer payment is applied so as to provide money purchase benefits under the receiving scheme for or in respect of the earner; and
d
the transfer payment (whether or not it forms part of a larger payment in respect of both guaranteed minimum pensions and other rights) is of an amount at least equal to the cash equivalent of the earner’s accrued rights to guaranteed minimum pensions, as calculated and verified in a manner consistent with regulations made under section 97 of the 1993 Act (calculation of cash equivalents).
Transfer payments in respect of guaranteed minimum pensions to overseas schemes
6
A transfer payment may be made to an overseas scheme if —
a
the earner consents in writing;
b
the trustees of the transferring scheme have taken reasonable steps to satisfy themselves that the earner has emigrated on a permanent basis and is in employment to which the receiving scheme applies;
c
the transfer payment (whether or not it forms part of a larger payment in respect of both guaranteed minimum pensions and other rights) is of an amount at least equal to the cash equivalent of the earner’s accrued rights to guaranteed minimum pensions, as calculated and verified in a manner consistent with regulations made under section 97 of the 1993 Act;
d
the earner has acknowledged in writing that he accepts that the scheme to which the transfer payment is to be made may not be regulated in any way by the law of the United Kingdom and that as a consequence there may be no obligation under that law on the receiving scheme or its trustees or administrators to provide any particular value or benefit in return for the transfer payment; and
e
the trustees of the transferring scheme have taken reasonable steps to satisfy themselves that the earner has received a statement from the receiving scheme showing the benefits to be awarded in respect of the transfer payment and the conditions (if any) on which these could be forfeited or withheld.
PART III
TRANSFERS OF LIABILITY IN RESPECT OF SECTION 9(2B) RIGHTS
General
7
1
A transfer of liability —
a
from a salary-related contracted-out scheme (or a scheme which was formerly a salary-related contracted-out scheme) or from an appropriate policy in respect of the accrued section 9(2B) rights of an earner; or
b
from a salary-related contracted-out scheme (or a scheme which was formerly a salary-related contracted-out scheme) for the payment to or in respect of a person who has become entitled to them of pensions under that scheme deriving from section 9(2B) rights
may be made in accordance with arrangements which satisfy paragraph (2) and no such transfer may be made otherwise.
2
The arrangements referred to in paragraph (1) must result in there being made —
a
in the case of a transfer referred to in paragraph (1)(a), a transfer payment to the receiving scheme or overseas arrangement, in accordance with whichever of regulations 8 to 11 is applicable, of at least the cash equivalent of the accrued section 9(2B) rights in respect of which the transfer is being made, as calculated and verified in a manner consistent with regulations made under section 97 of the 1993 Act; and
b
in the case of a transfer referred to in paragraph (1)(b), a connected employer transfer payment to a salary-related contracted-out scheme in accordance with regulation 9.
3
In this regulation and regulations 8 to 11 “transfer payment” means a payment to effect a transfer of liability such as is referred to in paragraph (1).
Transfer payments to salary-related contracted-out schemes in respect of section 9(2B) rights
8
A transfer payment in respect of an earner’s accrued section 9(2B) rights may be made to a salary-related contracted-out scheme if —
a
the earner consents in writing;
b
the earner —
i
is employed by an employer who is a contributor to the receiving scheme, or
ii
has previously been a member of the receiving scheme; and
c
the transfer payment is applied to provide rights for the earner or person concerned which, had they accrued in the receiving scheme, would be provided in accordance with the rules of the receiving scheme relating to earners who are in employment which is contracted-out in relation to the receiving scheme or have been in employment which was so contracted-out.
Connected employer transfer payments
9
A connected employer transfer payment may be made to a salary-related contracted-out scheme subject to —
a
the condition set out in regulation 8(c); and
b
the condition set out in regulation 12(3) of the Occupational Pension Schemes (Preservation of Benefit) Regulations 1991 (requirement for actuarial certificate).
Transfer payments to money purchase contracted-out schemes and appropriate personal pension schemes in respect of section 9(2B) rights
10
A transfer payment in respect of an earner’s accrued section 9(2B) rights may be made to a money purchase contracted-out scheme or an appropriate personal pension scheme if —
a
the earner consents in writing;
b
if the transfer payment is to a money purchase contracted-out scheme, the earner —
i
is employed by an employer who is a contributor to the receiving scheme, or
ii
has previously been a member of the receiving scheme; and
c
the transfer payment is applied so as to provide money purchase benefits under the receiving scheme for or in respect of the earner.
Transfer payments to overseas schemes or arrangements in respect of section 9(2B) rights
11
A transfer payment in respect of an earner’s accrued section 9(2B) rights may be made to an overseas scheme or overseas arrangement if —
a
the earner consents in writing;
b
the trustees of the transferring scheme have taken reasonable steps to satisfy themselves that the earner has emigrated on a permanent basis and, where the receiving scheme is an occupational pension scheme, that he has entered employment to which the receiving scheme applies;
c
the earner has acknowledged in writing that he accepts that the scheme or arrangement to which the transfer payment is to be made may not be regulated in any way by the law of the United Kingdom and that as a consequence there may be no obligation under that law on the receiving scheme or arrangement or its trustees or administrators to provide any particular value or benefit in return for the transfer payment; and
d
the trustees of the transferring scheme have taken reasonable steps to satisfy themselves that the earner has received a statement from the receiving scheme or arrangement showing the benefits to be awarded in respect of the transfer payment and the conditions (if any) on which these could be forfeited or withheld.
PART IV
MODIFICATION OF PART III OF THE 1993 ACT
Modifications of Part III of the 1993 Act on transfers of and transfer payments in respect of guaranteed minimum pensions from occupational pension schemes
12
Where a transfer to a salary-related contracted-out scheme, or a transfer payment to an overseas scheme, has taken place from an occupational pension scheme in accordance with regulations 3, 4 or 6 (or with regulation 2 of the Contracting-out (Transfer) Regulations 1985 ), the 1993 Act shall have effect subject to the following modifications —
a
where the transfer was of the accrued rights to guaranteed minimum pensions of an earner who was in employment which was contracted-out by reference to the receiving scheme, the modification of section 14(1) (earner’s guaranteed minimum) specified in paragraph 3 of Schedule 2;
b
in the case of any other transfer of the accrued rights of an earner to guaranteed minimum pensions, the modifications of sections 8(2) (meaning of “guaranteed minimum pension”), 20(6) (transfer of accrued rights: meaning of “accrued rights”) and 159 (inalienability of guaranteed minimum pension and protected rights payments) specified in paragraphs 1, 4 and 5 of Schedule 2;
c
in the case of any transfer of the liability for payment of guaranteed minimum pensions to or in respect of a person who had become entitled to them, the modifications of sections 8(2) and 159 specified in paragraphs 1 and 5 of Schedule 2;
d
in the case of any transfer payment to an overseas scheme in respect of the accrued rights of an earner to guaranteed minimum pensions, the modification of section 46 (effect of entitlement to guaranteed minimum pensions on payment of social security benefits) specified in paragraph 2 of Schedule 2.
Modifications of Part III of the 1993 Act on transfers from policies of insurance or annuity contracts
13
Where a transfer to a salary-related contracted-out scheme, or a transfer payment to an overseas scheme, in respect of an earner’s accrued rights to guaranteed minimum pensions has taken place from an appropriate policy in accordance with regulation 3 or 6 (or with regulation 2A of the Contracting-out (Transfer) Regulations 1985), the 1993 Act shall have effect subject to the following modifications —
a
where the earner was in employment which was contracted-out by reference to the receiving scheme, the modification of section 14(1) specified in paragraph 7 of Schedule 2;
b
where the earner was in employment which was not contracted-out by reference to the receiving scheme, the modifications of sections 8(2), 20(6) and 159 specified in paragraphs 6, 8 and 9 of Schedule 2;
c
in the case of any transfer payment to an overseas scheme, the modification of section 46 specified in paragraph 2 of Schedule 2.
PART V
REVOCATIONS AND TRANSITIONAL PROVISIONS
Revocations and transitional provisions
14
1
Subject to paragraphs (2) and (3) and to Schedule 4, the regulations listed in column 2 of Schedule 3 (some of which are spent) are revoked to the extent specified in column 3 of that Schedule.
2
Where a transfer such as is mentioned in regulation 12 has taken place in accordance with regulation 2 of the Contracting-out (Transfer) Regulations 1985, then paragraph 6 of Schedule 3 to those Regulations (as in force immediately before these Regulations came into force) shall continue to have effect in relation to any state scheme premium which has been paid before the principal appointed day or is payable immediately before that day.
3
Where an application under section 95 of the 1993 Act (ways of taking right to cash equivalent) has been made before the principal appointed day, for the purposes of dealing with that application regulations 2 to 11 of these Regulations shall not apply and regulations 1, 2, 2A and 2B of the Contracting-out (Transfer) Regulations 1985 (as in force immediately before these Regulations came into force) shall continue to apply subject to the modifications set out in Schedule 4.
Signed by authority of the Secretary of State for Social Security.
Oliver Heald
Parliamentary Under-Secretary of State,
Department of Social Security
5th June 1996


text:
1
These Regulations may be cited as the Value Added Tax (Amendment) (No. 2) Regulations 1996 and shall come into force on 1st June 1996.
2
The Value Added Tax Regulations 1995 shall be amended as follows.
3
After regulation 40 there shall be inserted the following:
40A
Where the Commissioners in exercise of their power under section 28(2A) of the Act have directed the manner in which payments on account under section 28 of the Act are to be made, a person who is liable to make such payments shall also pay any amount of VAT payable in respect of a return for any prescribed accounting period in the like manner.
.
4
After regulation 46 there shall be inserted the following:
46A
1
A payment on account and a payment in respect of a return to which regulation 40A above applies shall not be treated as having been made by the last day on which it is required to be made unless it is made in such a manner as secures that all the transactions can be completed that need to be completed before the whole of the amount becomes available to the Commissioners.
2
For the purposes of this regulation and regulation 47 below, references to a payment being made by any day include references to its being made on that day.
.
Martin Brown
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground LONDON SE1 9PJ
1st May 1996