text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Teachers' Superannuation (Amendment) Regulations 1996 and shall come into force on 1st October 1996 but —
a
regulations 3 and 19(a) and (b) shall have effect from 1st September 1996; and
b
regulation 18 shall have effect from 1st April 1996.
2
In these regulations “the principal Regulations”means the Teachers' Superannuation (Consolidation) Regulations 1988.
Amendment of principal Regulations
2
The principal Regulations shall be amended in accordance with regulations 3 to 25 below.
3
In regulation B4(2)(a) (employment in accepted school) the words “unrelated to its profits or its other performance as an economic enterprise”shall be omitted.
4
In regulation C1 (salary on which contributions are payable) —
a
for paragraphs (1) to (3) there shall be substituted the following paragraphs —
1
Subject to paragraphs (3) to (3B) and (6) to (12), the contributable salary of a person to whom the School Teachers' Pay and Conditions Act 1991 (“the 1991 Act ”) applies is the total of —
a
the amounts payable by his employer under any order under section 2 of the 1991 Act for the time being in force or under any document referred to in such an order;
b
the amounts payable by his employer in respect of his pensionable employment in satisfaction of any contractual liability arising out of sickness or maternity;
c
the amounts payable by his employer in respect of his pensionable employment in satisfaction of any statutory liability arising out of sickness or maternity; and
d
if the employer has satisfied the Secretary of State that it is expedient for residential accommodation to be provided free in connection with the employment, the money value as an allowance in kind of —
i
the accommodation provided, and
ii
any heat, lighting or water provided free or council tax paid in connection with it.
2
Subject to paragraphs (3) to (12), the contributable salary of a person to whom paragraph (1) does not apply is the total of —
a
all the salary, wages, fees and other payments paid to him for his own use in respect of his pensionable employment;
b
the amounts mentioned in paragraph 1(c); and
c
the amounts mentioned in paragraph 1(d).
3
If the money value of any accommodation provided free exceeds one sixth of the aggregate of the amounts mentioned in paragraph (1)(a) to (c), or, as the case may be, paragraph (2)(a) and (b), the excess is not part of the person’s contributable salary.
3A
A person’s contributable salary does not include —
a
any allowance in kind not falling within paragraph (1)(d) or (2)(c);
b
any payment by way of bonus;
c
any payment in respect of overtime, or
d
any payment by way of travelling or expense allowance.
3B
For the purposes of paragraph (3A) —
a
a payment by way of bonus shall not include any payment calculated by reference to the performance of the person in question or the performance of the institution where he is employed;
b
a payment by way of bonus shall not include any payment made to the person in question where such a payment is made as part of a pay settlement which applies to all persons, or to all persons of a particular class or description, employed at the institution;
c
if at any time a payment is made to a person which is not part of his contributable salary then any subsequent payment of the same nature is a payment by way of bonus (whether or not it is described as such); and
d
if at any time a payment is made to a person which is part of his contributable salary then any subsequent payment of the same nature is not a payment by way of bonus (whether or not it is described as such).
.
b
in paragraph (7)(a) for the number “6”there shall be substituted the number “3”;
c
for paragraph (7)(b) there shall be substituted the following sub-paragraph —
b
has effect from the day after the last day on which the person’s salary was payable at the rate applicable immediately before the reduction,
.
5
In regulation C3 (additional contributions for past period) —
a
the word “or”shall be inserted at the end of paragraph (2)(a);
b
paragraph (2)(c) and the word “or”preceding it shall be omitted;
c
after paragraph (2) there shall be inserted the following paragraph —
2A
Subject to paragraphs (6), (7), (9) and (12A) the employer of a person to whom this regulation applies may elect to pay additional contributions in respect of the person in accordance with Part II of Schedule 4 (“Method B”).
;
d
paragraph (4) shall be omitted;
e
in paragraph (6) the word “and”shall be inserted at the end of sub-paragraph (d) and sub-paragraph (f) shall be omitted;
f
in paragraph (8) sub-paragraph (b) and the word “and”preceding it shall be omitted;
g
in paragraph (11) the words “or C”shall be omitted;
h
in paragraph (12) —
i
for the words “under this regulation”there shall be substituted the words “under paragraph (2)”; and
ii
in sub-paragraph (c) the words “or C”shall be omitted;
i
after paragraph (12) there shall be inserted the following paragraph —
12A
An election under paragraph (2A) must be made by giving written notice to the Secretary of State which —
a
is to specify the person in respect of whom it is made, and
b
is to specify the past period.
;
j
paragraphs (13A) and (15) shall be omitted.
6
In regulation C8 (additional contributions for current period) for paragraph (7) there shall be substituted the following paragraph —
7
For the purposes of paragraph (6) —
a
the notional salary is an amount notified by the former employer or, where no such notification is given, estimated by the Secretary of State as being what the person’s contributable salary would have been if pensionable employment had not ceased and the person had continued to be employed in the same post and on the same terms; and
b
the percentage is (A+B) where A is the percentage specified in regulation G4(3) and B is any percentage specified under regulation G4(7) and (8).
.
7
In regulation C10 (right to repayment of balance of contributions) —
a
paragraph (1)(a) and the words “in any other case”in paragraph (1)(b) shall be omitted;
b
for paragraph (2) there shall be substituted the following paragraph —
2
The relevant period is the period of one month beginning when he ceased to be in pensionable employment.
.
8
In regulation C14 (return of repaid contributions) —
a
for paragraph (2) there shall be substituted the following paragraph —
2
The return —
a
may in any case, and
b
if the amount of the contributions, together with the interest payable does not exceed £500, must be made by a single payment which must be made within ten weeks of the giving of notice under paragraph (1).
.
b
in paragraph (7) the words “are of equal amounts and”shall be omitted;
c
after paragraph (7) there shall be inserted the following paragraph —
7A
Instalments are of equal amounts unless in any year the payment of an instalment of an amount equal to that paid in previous years would exceed the limit specified in paragraph (8) and in that event the instalments (and the corresponding period over which they are payable) shall be recalculated so that they do not exceed that limit.
;
d
for paragraph (8) there shall be substituted the following paragraph —
8
The annual amount of instalments paid under paragraph (7) is to be such that A+B does not exceed 15% of the annual rate of the person’s contributable salary in the year where —
A is the annual amount of the instalments; and
B is the annual amount of other contributions paid under Part C (except any treated for the purposes of regulation G2 as employer’s contributions) or towards the provision of a pension otherwise than under these Regulations.
.
9
In regulation C16(1)(b) the words “or III ”shall be omitted.
10
In regulation D3 (past period for which additional contributions have been paid) —
a
in paragraph (1) —
i
the word “or”shall be omitted from the end of sub-paragraph (a) and inserted at the end of sub-paragraph (b);
ii
in sub-paragraph (b) the words “or Part III”shall be omitted; and
iii
after sub-paragraph (b) there shall be inserted the following sub-paragraph —
c
in respect of whom payment of additional contributions for a past period in accordance with Part II of Schedule 4 has been made,
.
b
after paragraph (1) there shall be inserted the following paragraphs —
1A
For the purposes of paragraph (1) a person who has at any time during the contribution period been in part-time pensionable employment shall not be treated as having completed the payment of additional contributions in accordance with Part I of Schedule 4 unless (in addition to the payments in accordance with that Part) he pays a lump sum determined in accordance with paragraph (1B).
1B
The lump sum referred to in paragraph (1A) is such sum as would be payable under Part II of Schedule 4 in order to count as reckonable service a period equivalent to the difference between the length of reckonable service which arises from the additional contributions paid during the contribution period and the length of such service if the person had been in full-time pensionable employment throughout the contribution period and paid additional contributions accordingly.
1C
In paragraphs (1A) and (1B) “the contribution period”means the period during which additional contributions in accordance with Part I of Schedule 4 were paid.
.
c
in paragraph (2) the words “or Part III”shall be omitted.
11
In regulation E4 (entitlement to payment of retirement benefits) —
a
in paragraph (7) for sub-paragraph (c) there shall be substituted the following sub-paragraph —
c
has ceased after attaining that age to be —
i
in pensionable employment;
ii
in excluded employment; or
iii
in employment which would be pensionable employment but for the fact that the person has not made an election under regulation B1(4), and
;
b
for paragraph (9) there shall be substituted the following paragraph —
9
In Case E the entitlement takes effect —
a
where immediately before the person became incapacitated he was in employment of the type described in paragraph (7)(c)(ii) or (iii), on the day after the last day of his employment; and
b
in any other case —
i
as soon as the person falls within the case, or
ii
if later, 6 months before the date of the last of any medical reports considered by the Secretary of State in determining under regulation H7 that the person has become incapacitated.
.
12
After regulation E18 there shall be inserted the following regulation —
Commutation: exceptional circumstances of ill health
E18A
1
Where at the time when a person first becomes entitled to a retirement pension by virtue of regulation E4(4A) or (6) there are exceptional circumstances of serious ill health affecting that person the Secretary of State may discharge her liability in respect of so much of that pension as exceeds the person’s guaranteed minimum by payment of a lump sum calculated in accordance with paragraph (2).
2
The lump sum is an amount equal to five times the amount by which the annual rate of the retirement pension which would otherwise be payable to the person exceeds the amount of his guaranteed minimum.
.
13
In regulations E19(7) (death grants) and E20(6) (supplementary death grants) for the word “person”in both places where it occurs there shall be substituted the word “individual.”
14
In regulation E23 (short-term family benefits) for paragraph (2) there shall be substituted the following paragraph —
2
The short-term pension is payable —
a
subject to paragraph (3)(a) to any surviving spouse, or, if a nomination under regulation E22 had effect at the time of his death, to the nominated beneficiary; and
b
if the deceased is survived by a child or children of his, to or for the benefit of the child or, as the case may be, the children jointly.
.
15
In regulation E24 (amount and duration of short-term family benefits) —
a
for paragraph (3) there shall be substituted the following paragraph
3
Subject to paragraph (4) the duration of the short-term pension payable shall be determined from the table below and, in that table, “adult pension”means a short-term pension payable to the spouse or nominated beneficiary.
Category Person falling within regulation E23 (2) Duration of pension (months)
1. Spouse or nominated beneficiary 3 2. One child or more where an adult pension is payable 3 3. One child or more where no adult pension is payable 6
b
paragraph (4) shall be omitted.
16
In regulation E31 —
a
at the end of paragraph (4) there shall be inserted the words “and the first payment under this paragraph is to be made on the first date referred to in sub-paragraph (a) or (b) which falls at least one month after the person’s entitlement to benefit took effect”; and
b
for paragraph (8)(a) there shall be substituted the following sub-paragraph —
a
where paragraph (6)(a) applies, the due date immediately following the date on which the person’s entitlement to benefit took effect, and
.
17
After regulation 31 there shall be inserted the following regulation —
Interest on late payment of certain benefits
E31A
1
Where all or any part of the benefits payable under this Part other than a pension payable under regulation E23 is not paid within one month of the due date the Secretary of State shall pay to the person to whom the benefit is payable interest on the amount remaining unpaid calculated at the appropriate rate on a day to day basis from the due date to the date of payment, and compounded with three-monthly rests.
2
For the purposes of paragraph (1) the due date, where a benefit consists of a single payment, is —
a
the date on which the person becomes entitled to the benefit, where the benefit consists of a single payment other than a death grant referred to in paragraph (b); or
b
the day after the date on which the Secretary of State has become satisfied that the grant may be paid under regulation E19 or E20, where the benefit is a death grant payable under either of those regulations.
3
For the purposes of paragraph (1) the due date, in a case where a benefit does not consist of a single payment, is —
a
the material date referred to in regulation E31(8) in the case of the payment referred to in regulation E31(6); or
b
the date referred to in regulation E31(4) in relation to each payment in the case of any other monthly payment.
4
For the purposes of paragraph (1) “the appropriate rate”is one per cent above the base rate for the time being quoted by the reference banks or, where there is for the time being more than one such base rate, the rate which, when the base rate quoted by each bank is ranked in a descending sequence of seven, is fourth in the sequence.
5
In paragraph (4) “the reference banks”means the seven largest institutions for the time being which —
a
are authorised by the Bank of England under the Banking Act 1987 ;
b
are incorporated in and carrying on within the United Kingdom a deposit-taking business (as defined in section 6, but subject to any order under section 7 of that Act); and
c
quote a base rate in sterling.
.
18
In regulation H1(4) for the words “any of the provisions of the Education Acts 1944 to 1993 or any enactment made thereunder”there shall be substituted the words “any enactment”.
19
In Schedule 2 (pensionable employment) —
a
in paragraph 15 after the words “the Sports Council”there shall be inserted the words “the English Sports Council”;
b
in paragraph 20 after sub-paragraph (a) there shall be inserted the following sub-paragraph —
aa
the English Sports Council, or
, and in sub-paragraph (c)(i) for the word “either”there shall be substituted the word “any”.
c
in paragraph 26 the word “or”after “ St. Julian’s School (Carcavelos, Portugal)”shall be omitted and at the end of that paragraph there shall be inserted the following —
St George’s English School, Rome, (Italy);
St Catherine’s British Embassy School, Athens (Greece); or
The British Primary School, Tervuren, Belgium.
.
20
In Schedule 4 (additional contributions for past period)
a
in paragraph 5(1)(a) the words “full-time”shall be omitted;
b
in paragraph 5(2) for the words from “elect to complete payment”to the end of the sub-paragraph there shall be substituted the words “make an election in accordance with sub-paragraph (2A) or, as the case may be, (5A)”;
c
after paragraph 5(2) there shall be inserted the following sub-paragraphs —
2A
An election under this sub-paragraph may be made when the person has been in full-time pensionable employment throughout the contribution period;
2B
An election under sub-paragraph (2A) is an election to complete the payment of additional contributions (so that regulation D3(1)(b) will apply instead of regulation D3 (2)) by making a lump sum payment the amount of which shall be determined in accordance with sub-paragraphs (3), (4) or (5) as the case may be.
;
d
After paragraph 5(5) there shall be inserted the following sub-paragraphs —
5A
An election under this sub-paragraph may be made where the person has been in part-time pensionable employment at any time during the contribution period
5B
An election under sub-paragraph (5A) may be —
a
an election to make a payment such that the person will be entitled to count as reckonable service the number of years which he would have been entitled to count if he had been in full-time pensionable employment throughout such of the contribution period as had elapsed before he ceased to be in pensionable employment and had paid additional contributions accordingly (so that regulation D3(2) and paragraph 1C of Schedule 7 will apply accordingly);
b
an election to complete payment of additional contributions as if he had been in full-time pensionable employment from the date on which he ceased to be in pensionable employment to the end of the contribution period (so that regulation D3(2) and paragraph 1D of Schedule 7 will apply accordingly); or
c
an election to complete payment of additional contributions as if he had been in full-time pensionable employment throughout the contribution period (so that regulation D3(1)(b) will apply instead of regulation D3(2));
in each case by making a lump sum payment.
5C
Where the election is made under paragraph (a) of sub-paragraph (5B) the amount of the lump sum payment shall be such amount as would be payable under Part II of this Schedule in order to count as reckonable service the difference between the length of reckonable service arising from the additional contributions paid during such of the contribution period as had elapsed before the person ceased to be in pensionable employment and the length of such service if the person had been in full-time pensionable employment throughout that period and paid additional contributions accordingly.
5D
Where an election is made under paragraph (b) of sub-paragraph (5B) the amount of the lump sum payment is one of the following amounts as appropriate —
a
the amount referred to in sub-paragraph (3) on the assumption that the person would have been in full-time pensionable employment for the remainder of the contribution period;
b
the amount referred to in sub-paragraph (4) on the assumption that the person would have been in full-time employment during such part of the contribution period as would have fallen after he attained the age of 60;
c
the amount referred to in sub-paragraph (5) modified (in a case where the person was employed part-time immediately before he ceased to be in pensionable employment) such that in place of the definition of E there is substituted the following definition —
E
is the amount of the additional contributions for one year at the rate at which they would have been last payable on the assumption that the person would have been in full-time pensionable employment
.
5E
Where an election is made under paragraph (c) of sub-paragraph (5B) the amount of the lump sum payment is the aggregate of the amounts referred to in sub-paragraphs (5C) and (5D).
5F
An election under sub-paragraph (5A) shall state whether it is an election under paragraph (a), under paragraph (b) or under paragraph (c) of sub-paragraph (5B).
;
e
Part III shall be omitted.
21
In paragraph 6 of Schedule 5 (additional contributions for past period under earlier provisions) the words “Subject to sub-paragraph (2)”and sub-paragraph (2) shall be omitted.
22
In paragraph 11 of Schedule 6 (family benefits) —
a
after sub-paragraph (1) there shall be inserted the following sub-paragraph —
1A
Where a woman’s pensionable employment is part-time the reference in sub-paragraph (1)(d) to the rate at which contributions are to be paid is a reference to the rate as a percentage of the woman’s full-time equivalent salary.
;
b
sub-paragraph (7)(b) shall be omitted.
23
In Schedule 7 (uncompleted payment of additional contributions) —
a
in paragraph 1(1)(a) the words “full-time”shall be omitted;
b
in paragraph 1(3) for the words “C is so much of B”there shall be substituted the words “C is the period which the person is entitled to count as reckonable service (calculated, as appropriate, in accordance with the formula in regulation D1(2)) which arises from the additional contributions paid during so much of the contribution period”;
c
in paragraph 1(5)(b)(iii) for the words “C is so much of the shortened contribution period”there shall be substituted the words “C is the period which the person is entitled to count as reckonable service (calculated, as appropriate in accordance with the formula in regulation D1(2)) which arises from the additional contributions paid during the shortened contribution period”;
d
in paragraph 1A(1) the words “or Part III”shall be omitted;
e
in paragraph 1A(2) for the words “C is so much of B”there shall be substituted the words “C is the period which the person is entitled to count as reckonable service (calculated, as appropriate, in accordance with the formula in regulation D1(2)) which arises from the additional contributions paid during so much of the contribution period”;
f
after paragraph 1A there shall be inserted the following paragraphs —
1B
1
This paragraph applies where a person has paid additional contributions for a past period in accordance with Part I of Schedule 4 for the whole of the period during which they were to be paid (“the contribution period”) and
a
has been in part-time employment at some time during the contribution period; but
b
has not made a lump sum payment under regulation D3(1B).
2
In this paragraph A is the past period and B is the contribution period.
3
The person is entitled to count as reckonable service —
A × C B
where C is the period which the person is entitled to count as reckonable service (calculated in accordance with the formula in regulation D1(2)) which arises from the additional contributions paid during the contribution period.
1C
1
This paragraph applies where a person paying additional contributions for a past period in accordance with Part I of Schedule 4 —
a
has been in part-time employment at some time during the period during which contributions were to be paid (“the contribution period”);
b
ceases to be in pensionable employment before the end of the contribution period; and
c
pays a lump sum under paragraph 5(5C) of Schedule 4.
2
In this paragraph A is the past period and B is the contribution period.
3
The person is entitled to count as reckonable service —
A × C B
where C is so much of B as has elapsed when the pensionable employment ended.
1D
1
This paragraph applies where a person paying additional contributions for a past period in accordance with Part I of Schedule 4 —
a
has been in part-time employment at some time during the period during which contributions were to be paid (“the contribution period”);
b
ceases to be in pensionable employment before the end of the contribution period; and
c
pays a lump sum under paragraph 5(5D) of Schedule 4.
2
In this paragraph A is the past period and B is the contribution period.
3
The person entitled to count as reckonable service
A × C B
where C is the aggregate of —
the period which the person is entitled to count as reckonable service (calculated in accordance with the formula in regulation D1(2)) which arises from the additional contributions paid during so much of the contribution period as had elapsed when the pensionable employment ended; and
the period from the date when the pensionable employment ended to the end of the contribution period.
g
in paragraph 2(2) in the definition of B there shall be added at the end the words —
and, in the case of a person in part-time pensionable employment, on the assumption that he had made an election under paragraph 5(5B)(c) of Schedule 4
.
h
paragraph 3 shall be omitted.
24
In Schedule 9 (periods making up qualifying period) after paragraph 24 there shall be inserted the following paragraph —
25
A period of employment in comparable British service.
.
25
In Part III of Schedule 12 (transfer values; inward transfers) —
a
in paragraph 11(1) after the words “he is entitled”there shall be inserted the words “unless paragraph 11A applies”; and
b
after paragraph 11 there shall be inserted the following paragraph —
11A
1
This paragraph applies where —
a
the condition specified in paragraph 11(1)(b) applies;
b
the person has made an election under regulation B7 (resumption of pensionable status);
c
the previous election under regulation B6 (election not to be pensionable) was made before 30th June 1994;
d
the person has been in excluded employment between the date of the election under regulation B6 and the date of the election under regulation B7;
e
a transfer value was paid under regulation F1 in respect of the person in consequence of him ceasing to be in pensionable employment by virtue of the election under regulation B6;
f
the person is an individual as is mentioned in section 172(1) of the Pensions Act 1995 ;
g
the Secretary of State accepts a transfer value under regulation F5 of the amount specified in sub-paragraph (3).
2
In this paragraph “the period of original pensionable employment”means the period during which the person was in pensionable employment before he made his election under regulation B6.
3
The amount referred to in sub-paragraph (1)(g) is A+B where —
A is the transfer value which, calculated on the basis specified in paragraph 11(2), would enable the person to count the period of excluded employment as reckonable service as if it had been pensionable employment; and
B is the greater of —
the transfer value paid under regulation F1 in respect of the person in consequence of his ceasing to be in pensionable employment by virtue of his election under regulation B6 together with —
in a case where the transfer value is paid to the Secretary of State pursuant to regulation F5 within four weeks of the request under regulation F5(2) an amount, determined actuarially, which represents the income which would have been received had such sum been invested during the period starting at the end of the month in which the transfer value was paid under regulation F1 and ending at the end of the month in which the request under regulation F5(2) was made; and
in any other case, the amount referred to in paragraph (i) above together with a further amount, determined actuarially, which represents the income which would have been received compounded with monthly rests, had such sum been invested during the period starting at the end of the month in which the request under regulation F5(2) was made and ending at the end of the month in which the transfer value is paid to the Secretary of State; and
the amount which would be paid as a transfer value under regulation F1 in respect of the person if at the date on which he made the election under regulation B7 —
he was in pensionable employment and made an election under regulation B6; and
he had been in pensionable employment for a period equal to the period of original pensionable employment.
4
Where this paragraph applies the person is entitled to count as reckonable service —
a
the reckonable service arising from the period of original pensionable employment; and
b
such service arising from the period of excluded employment as if it had been pensionable employment.
.
Transitional provisions
26
1
Where for the purposes of regulation E29 the material part of a person’s average salary service comprises a period before 1st October 1996, regulation C1 of the principal Regulations shall apply for the purposes of determining the contributable salary for that period without the amendments made by regulation 4(a) above.
2
The amendment to regulation C1(7)(a) of the principal Regulations made by regulation 4(b) above shall not apply in relation to any election made before 1st October 1996.
3
a
The amendments to regulations C16(1)(b), D3(1)(b) and D3(2) of the principal Regulations made by regulations 9, 10(a)(ii) and 10(c) above and the amendment to paragraph 1A of Schedule 7 to the principal Regulations made by regulation 23(d) above shall not apply in relation to a person who has elected to pay additional contributions in accordance with Part III of Schedule 4 (“Method C”) before 1st October 1996; and
b
Part III of Schedule 4 and paragraph 3 of Schedule 7 to the principal Regulations shall (notwithstanding regulations 20(e) and 23(h) above) continue to apply in relation to such persons.
4
Notwithstanding the amendments to regulations E19(7) and E20(6) of the principal Regulations made by regulation 13 above, where before 1st October 1996 the deceased had nominated a person other than an individual the death grant or supplementary death grant shall be paid under regulations E19(7) or E20(6) to the person nominated.
5
The amendments to regulations E23 and E24 of the principal Regulations made by regulations 14 and 15 above respectively shall not apply in relation to benefits payable in respect of a person who died before 1st October 1996.
6
Any person who —
a
before 1st September 1996 was in pensionable employment as an organiser employed by the Sports Council; and
b
on or after 1st September 1996 became employed as an organiser by the English Sports Council,
shall be treated as having elected under regulation B1(2) of the principal Regulations that his employment with the English Sports Council should be pensionable.
Elections in respect of protected benefits
27
1
This regulation applies to a person —
a
to whom a protected benefit is being paid or may become payable, and
b
who is placed in a worse position than he would have been in if a provision made by these Regulations (“the relevant provision”) had not applied in relation to the protected benefit.
2
A protected benefit is one which is being paid or may become payable, under the principal Regulations, to or in respect of a person who was employed in pensionable employment but ceased to be employed, or died, before 1st October 1996.
3
A person to whom this regulation applies may, by giving written notice to the Secretary of State before 1st January 1997, elect that the relevant provision shall not apply in relation to the protected benefit.
4
If an election under paragraph (3) is made in relation to a benefit of a person who is in pensionable employment or who subsequently becomes re-employed in pensionable employment —
a
the election shall have effect in relation to the benefit only to the extent that it accrues or has accrued by virtue —
i
of periods of reckonable service before the cessation referred to in paragraph 2 (or, if there had been more than one cessation, the last of them before 1st October 1996); or
ii
of contributions paid in respect of such periods of reckonable service; and
b
in determining entitlement to, or to the amount of, the benefit to that extent he shall be treated as if he had never re-entered pensionable employment again at any time after the cessation referred to in paragraph (2) (but without prejudice to the application of this paragraph);
and the principal Regulations shall apply accordingly.
Eric Forth
Minister of State,
Department for Education and Employment
22nd August 1996
We consent,
Roger Knapman
Bowen Wells
Two of the Lords Commissioners of Her Majesty’s Treasury.
29th August 1996


type: legislation

jurisdiction: UK

text:
1
This Scheme may be cited as the M4 Motorway (Maidenhead Windsor and Eton Flood Alleviation Scheme) (Temporary Diversion) Scheme 1996 and shall come into force on 30th October 1996.
2
The Secretary of State is authorised to provide a special road, for the exclusive use of traffic of classes I and II of the classes of traffic set out in Schedule 4 to the Highways Act 1980, along the route of a temporary highway from a point about 220 metres east of the centre line of Marsh Lane overbridge to a point about 490 metres east of the centre line of Marsh Lane overbridge, all at Dorney Reach, Buckinghamshire, a distance of about 270 metres.
3
The centre line of the special road is indicated by a heavy black line on the plan numbered MOD /0/M4/10/65/1/3/1, marked “The M4 Motorway (Maidenhead Windsor and Eton Flood Alleviation Scheme) (Temporary Diversion) Scheme 1996”, signed by authority of the Secretary of State for Transport and deposited at the Department of Transport, Great Minster House, 76 Marsham Street, London SW1P 4DR.
4
The new special road shall become a trunk road on the date when this Scheme comes into force.
Signed by authority of the Secretary of State for Transport
D E Oddy
Director Motorway Operations Division Highways Agency
Department of Transport
14th October 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Public Airport Companies (Capital Finance) Order 1996 and shall come into force on 1st April 1996.
2
In this Order,
“ the Act ” means the Local Government and Housing Act 1989;
“constituent council” shall be construed in accordance with section 16(2) of the Airports Act 1986 ;
“controlling authority” in relation to a public airport company has the same meaning as in section 16(2) of the Airports Act 1986 subject, however, to paragraph (3) of this article;
“controlling authority” in relation to a subsidiary of a public airport company means the controlling authority of that company;
“current assets” shall be construed in accordance with paragraph 77 of Schedule 4 to the Companies Act 1985 ;
“equity share capital” means, in relation to a public airport company or any subsidiary of such a company, its issued share capital excluding any part of that capital which, neither as respects dividends nor as respects capital, carries any right to participate beyond a specified amount in a distribution;
“local authority” has the same meaning as in section 67 of the Act;
“principal council” has the same meaning as in section 12 of the Airports Act 1986;
“public airport company” has the same meaning as in section 16(1) of the Airports Act 1986;
“the relevant date”, in relation to a public airport company or any subsidiary of such a company, means —
in any financial year where the company’s or subsidiary’s balance sheet is prepared as at a date in that year, that date, or if there is more than one such date the latest such date; and
in any other case, the last day of the financial year in question;
unless the public airport company or subsidiary, as the case may be, ceases to be a public airport company or subsidiary of such a company in which event it means the day preceding the date of cessor;
“relevant person” means any person other than —
a local authority,
a company which, in accordance with Part V of the Act, is under the control of, or is for the time being subject to the influence of, a local authority, or
a trust to which, by virtue of an order made under section 72 of the Act, the provisions of section 69 of the Act are applicable and which is for the time being subject to the influence of a local authority;
“share” includes stock; and
“subsidiary” has the same meaning given by section 736 of the Companies Act 1985.
3
In the case of a public airport company listed in column 1 of the Schedule to this Order a reference in this Order to the controlling authority shall have effect, except where the reference is to a constituent council of the controlling authority, as if it were a reference to the constituent council named in relation to that company in column 2 of that Schedule.
Liabilities of controlling authority
2
1
Where a public airport company or any subsidiary of such a company —
a
incurs additional liabilities; or
b
reduces its liabilities;
the liabilities are to be treated for the purposes of the application of Part IV of the Act as if they were incurred or reduced, as the case may be, by the controlling authority of that company; and, where they are to be so treated, the provisions of that Part are to apply as described in articles 3 and 4 below.
2
For the purposes of paragraph (1) above, a public airport company or any subsidiary of such a company incurs additional liabilities where, upon calculation, the total of its relevant liabilities on the relevant date in a financial year exceeds an amount equal to the total of its relevant liabilities on the relevant date in the immediately preceding financial year.
3
For the purposes of paragraph (1) above, a public airport company or any subsidiary of such a company reduces its liabilities where, upon calculation, the total of its relevant liabilities on the relevant date in a financial year is less than an amount equal to the total of its relevant liabilities on the relevant date in the immediately preceding financial year.
4
Subject to paragraphs (6) and (7) below, in paragraphs (2) and (3) above, “relevant liabilities”, in relation to a public airport company or any subsidiary of such a company, means the aggregate of —
a
the total of the liabilities of the company or subsidiary, other than current liabilities, which are shown in the company’s or subsidiary’s balance sheet or, if there is no balance sheet as at any date in the financial year in question, the total of which is estimated by the controlling authority; and
b
the amount, if any, by which the total of the current liabilities of the company or subsidiary exceeds the total of its current assets.
5
In this article “liabilities”, in relation to a public airport company or any subsidiary of such a company, —
a
subject to sub-paragraph (b) below includes the issued share capital of that company or subsidiary (including any premium obtained by the company or subsidiary upon the issue of such shares) and such liability shall be treated as a liability owed to the person who holds such issued shares,
b
does not include any liability owed —
i
to the controlling authority,
ii
to a constituent council of the controlling authority,
iii
to or by that public airport company by or to any subsidiary of that company,
iv
to a principal council which, on or after 17th December 1993, transferred or transfers, as the case may be, all of its share in the equity share capital of that public airport company to a relevant person provided that liability was owed before that transfer, or
v
to a relevant person by reason of that person holding any share in the equity share capital of that company or subsidiary issued to a relevant person on or after 17th December 1993 or transferred to a relevant person by the controlling authority or a constituent council of that authority on or after that date, and
c
does not include any provision for —
i
pensions and similar obligations, or
ii
taxation.
6
Liabilities shown in the company’s or subsidiary’s balance sheet and which comprise current liabilities shall be included in the total of the liabilities of the company or subsidiary for the purpose of paragraph (4)(a) above and excluded from the total of current liabilities of that company or subsidiary for the purpose of paragraph (4)(b) above to the extent that they include any current liability which, in accordance with a determination of the controlling authority referring to that liability and made no later than 30th September in the following financial year, is not to be set against the current assets of the company or subsidiary.
7
Liabilities shown in the company’s or subsidiary’s balance sheet and which comprise current liabilities shal be included in the total of the liabilities of the company or subsidiary for the purpose of paragraph (4)(a) above and excluded from the total of current liabilities of that company or subsidiary for the purposes of paragraph (4)(b) above where they were shown as liabilities of that company or subsidiary in the balance sheet for the preceding financial year but did not then comprise current liabilities.
Application of Part IV of the Act: requirement for credit cover
3
1
This paragraph applies where a controlling authority, in accordance with article 2(1)(a) above, is to be treated as incurring additional liabilities in respect of a financial year.
2
Where paragraph (1) above applies, Part IV of the Act shall apply as if, but only as if, there were required to be available to that authority an amount of credit cover equal to the amount of additional liabilities calculated under article 2(2) above.
3
Each of the following amounts constitutes for the purposes of this article an amount of credit cover —
a
an amount which, in accordance with a determination of the controlling authority is set aside from the usable part of the authority’s capital receipts or from a revenue account of that authority for the financial year in question as provision to meet credit liabilities (being an amount over and above what they are required so to set aside by virtue of any other provision of Part IV of the Act); or
b
an amount by which, in accordance with a determination of the controlling authority, any credit approval issued or transferred to that authority, for the financial year in question, to the extent that they have not made a determination with respect to it under section 56(1) of the Act, is treated as reduced.
4
Any amount falling to be set aside in accordance with paragraph (3)(a) above shall be set aside, and any reduction in accordance with paragraph (3)(b) above of a credit approval which is a basic credit approval shall be treated as taking place, on the last day of the financial year during which the public airport company or subsidiary concerned incurs additional liabilities on the relevant date as described in article 2(2) above.
5
Any reduction in accordance with paragraph (3)(b) above of a credit approval which is a supplementary credit approval shall not exceed such amount of expenditure as the authority is satisfied has been incurred during the relevant financial year by the public airport company or its subsidiary, as the case may be, for a purpose and during the period specified in that supplementary credit approval.
6
Any reduction in accordance with paragraph (3)(b) above of a credit approval which is a supplementary credit approval shall be treated as taking place on the earlier of either the last day of the period specified in the approval or the last day of the financial year described in paragraph (4) above.
7
In a case to which paragraph (4) above applies, a determination by a controlling authority under paragraph (3) above shall not be made later than 30th September in the financial year following that in which, in accordance with paragraph (4) above, an amount is to be set aside or a basic credit approval is to be treated as reduced.
8
In a case to which paragraph (6) above applies, a determination by a controlling authority under paragraph (3) above shall not be made later than 30th September in the financial year following that in which in, accordance with paragraph (6) above, the supplementary credit approval is to be treated as reduced.
Application of Part IV of the Act; additional credit allowance
4
1
Where a controlling authority, in accordance with article 2(1)(b), is to be treated as reducing its liabilities in respect of a financial year, Part IV of the Act shall apply as if, but only as if, that authority were entitled to an amount of additional credit allowance equal to the total of the reduction in liabilities for the public airport company and its subsidiaries concerned.
2
In paragraph (1) above, the reference to a reduction in liabilities for a public airport company or any subsidiary of such a company is a reference to an amount equal to the amount of the reduction in liabilities calculated under article 2(3) above.
3
Each of the following amounts constitutes for this purpose an amount of additional credit allowance —
a
an amount by which, in accordance with a determination of the controlling authority, any basic credit approval issued or transferred to that authority is treated as increased; and
b
a sum which, in accordance with a determination of that authority, is to cease to be set aside as provision for credit liabilities.
4
Any increase of a basic credit approval, in accordance with paragraph (3)(a) above, shall be treated as taking place, and any amount which is to cease to be set aside, in accordance with paragraph (3)(b) above, shall cease to be set aside, on the last day of the financial year in which the public airport company or subsidiary concerned reduced its liabilities on the relevant date as described in article 2(3) above.
5
If an amount ceases to be set aside in accordance with paragraph (3)(b) above,
a
the controlling authority’s credit ceiling shall at that time be increased by an amount equal to the amount ceasing to be set aside; and
b
an amount shall at that time be deducted from the amount taken into account under section 62(1)(d) of the Act for that authority equal to the amount ceasing to be set aside (and, by virtue of this sub-paragraph, the amount taken into account under section 62(1)(d) may, accordingly, be a negative amount).
6
Any amount which ceases to be set aside in accordance with paragraph (3)(b) above may be applied by the controlling authority according as it determines for one or more of the purposes described in section 60(2) of the Act and, subject to paragraph (10) below, an amount may be so applied in the financial year referred to in paragraph (4) above or in any later financial year.
7
An amount which is applied as provision to meet credit liabilities as described in paragraph (6) above may be used as an amount of credit cover for the purposes of section 50 of the Act or article 3 above in accordance with a determination of the controlling authority referring to the credit arrangement or additional liabilities, as the case may be.
8
Where any amount is applied as described in paragraph (6) above, the amount taken into account under section 62(1)(d) of the Act for the controlling authority shall at that time be increased by an amount equal to the amount so applied.
9
A determination by a controlling authority under paragraph (3) above shall be made not later than 30th September in the financial year following that in which, in accordance with paragraph (4) above, a basic credit approval is to be treated as increased or an amount ceases to be set aside.
10
A determination by a controlling authority under paragraph (6) above as to the manner in which any amount is to be applied shall not be made later than 30th September in the financial year following that in which, in accordance with the determination, an amount is to be applied.
Revocation
5
The following Orders are hereby revoked, that is to say:
The Public Airport Companies (Capital Finance) Order 1990 ;
The Public Airport Companies (Capital Finance) (Amendment) Order 1991 ;
The Public Airport Companies (Capital Finance) (Second Amendment) Order 1992 ;
The Public Airport Companies (Capital Finance) (Third Amendment) Order 1992 ;
The Public Airport Companies (Capital Finance) (Fourth Amendment) Order 1993 .
Signed by authority of the Secretary of State for Transport
Goschen
Parliamentary Under Secretary of State,
Department of Transport
6th March 1996


text:
Title and commencement
1
This Order may be cited as the Home-Grown Cereals Authority Levy (Variation) Scheme (Approval) Order 1996 and shall come into force on 1st July 1997.
Approval of Scheme under section 16 of the Cereals Marketing Act 1965
2
The Scheme is approved subject to the following modifications to paragraph 4 thereof —
a
before “any records” there shall be inserted the words “to act on its behalf”; and
b
before “in exercise” there shall be inserted the words “on behalf of the Authority”.
3
The Scheme as so modified and approved is set out in the Schedule to this Order.
Tony Baldry
Minister of State, Ministry of Agriculture, Fisheries and Food
11th November 1996
Lindsay
Parliamentary Under Secretary of State,
Scottish Office
11th November 1996
Denton
Parliamentary Under Secretary of State, Northern Ireland Office
12th November 1996
Signed by authority of the Secretary of State for Wales:
Jonathan Evans
Parliamentary Under Secretary of State,
Welsh Office
11th November 1996


text:
1
This Order may be cited as the Offshore Safety Act 1992 (Commencement No. 2) Order 1996.
2
Sections 2(3)(b) and (c) and 3(3)(b) of the Offshore Safety Act 1992 and section 7(2) of that Act so far as relating to the second repeal in the Gas Act 1986 shall come into force on 1st March 1996.
Signed by order of the Secretary of State
Paul Beresford
Parliamentary Under Secretary of State,
Department of the Environment
29th February 1996


text:
PART I
PRELIMINARY
Citation, commencement, extent and revocation
1
1
These Regulations, which extend to Great Britain, may be cited as the Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 1996 and shall come into force on 1st March 1996.
2
The Regulations specified in the first column of Schedule 1 hereto are hereby revoked with effect from the date specified in the second column of that Schedule.
Interpretation
2
1
In these Regulations —
a
the “ ATEX Directive” means Directive 94/9/ EC of the European Parliament and the Council on the approximation of the laws of the Member States concerning equipment and protective systems intended for use in potentially explosive atmospheres ; and
b
except for the references to the European Communities in the definition of “the Commission” and in relation to the Official Journal, a reference to the Community includes a reference to the EEA , and a reference to a member State includes a reference to an EEA State: for the purposes of this sub-paragraph —
i
the “EEA” means the European Economic Area;
ii
an “EEA State” means a State which is a Contracting Party to the EEA Agreement ; and
iii
the “EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993.
2
In these Regulations, unless the context otherwise requires —
“CE marking” or “CE conformity marking” is a reference to a marking consisting of the initials “CE” in the form shown in Schedule 2 hereto;
“the Commission” means the Commission of the European Communities;
“component” has the meaning given by regulation 3(2)(d) below;
“devices” and “devices referred to in Article 1(2)” have the meaning given by regulation 3(2)(c) below;
“enforcement authority” means the Health and Safety Executive established under section 10 of the Health and Safety at Work etc. Act 1974 ;
“essential health and safety requirements” means the requirements in Annex II of the ATEX Directive which is set out in Schedule 3 hereto;
“equipment” has the meaning given by regulation 3(2)(a) below;
“equipment-category” and “category” in relation to an equipment-group shall be construed by reference to the criteria set out in Annex I of the ATEX Directive which is set out in Schedule 4 hereto;
“equipment group I” means equipment intended for use in underground parts of mines, and to those parts of surface installations of such mines, liable to be endangered by firedamp and/or combustible dust;
“equipment group II” means equipment intended for use in places, other than those which are specified for equipment group I, liable to be endangered by explosive atmospheres;
“explosive atmosphere” and “potentially explosive atmosphere” shall be construed respectively in accordance with regulation 3(2)(f) and (g) below;
“harmonized standard” means a technical specification adopted by the European Committee for Standardisation or the European Committee for Electrotechnical Standardisation or both, upon a mandate from the Commission in accordance with Council Directive 83/189/ EEC of 28th March 1983 laying down a procedure for the provision of information in the field of technical standards and regulations , and of which the reference number is published in the Official Journal of the European Communities;
“intended use” shall be construed in accordance with regulation 3(2)(e) below;
“notified body” shall be construed in accordance with regulation 11 below;
“protective systems” has the meaning given by regulation 3(2)(b) below;
“relevant essential health and safety requirements” in relation to equipment, a protective system or device means those provisions of the essential health and safety requirements which are applicable to that particular equipment, protective system or device, account being taken of its intended use;
“responsible person” means, in relation to equipment, a protective system, device or component,
the manufacturer of that equipment, protective system, device or component;
the manufacturer’s authorized representative established in the Community; or
where the manufacturer is not established in the Community and either —
he has not appointed an authorized representative established in the Community; or
his authorized representative established in the Community is not the person who places that equipment, protective system, device or component on the market,
the person who places it on the market in the community;
“safe” in relation to equipment, a protective system or a device means that, when properly installed and maintained and used for its intended purpose, it does not endanger the health and safety of persons and, where appropriate, domestic animals or property and cognate expressions shall be construed accordingly;
“standard” or “standard referred to in Article 5” means a technical specification approved by a recognised standardising body for repeated or continuous application, with which compliance is not compulsory: and, for the avoidance of doubt, this definition includes a harmonized standard or a transposed harmonized standard;
“supply” includes offering to supply, agreeing to supply, exposing for supply and possessing for supply and cognate expressions shall be construed accordingly; and
“transposed harmonized standard” means a national standard of a member State which transposes a harmonized standard.
PART II
APPLICATION
Equipment, Protective Systems, Devices and Components
3
1
Subject to regulations 4 and 5 below, these Regulations apply to equipment and protective systems intended for use in potentially explosive atmospheres, devices and components.
2
For the purposes of these Regulations,
a
“equipment” means machines, apparatus, fixed or mobile devices, control components and instrumentation thereof and detection or prevention systems which, separately or jointly, are intended for the generation, transfer, storage, measurement, control and conversion of energy or the processing of material and which are capable of causing an explosion through their own potential sources of ignition;
b
“protective systems” means design units which are intended to halt incipient explosions immediately and/or to limit the effective range of explosion flames and explosion pressures; protective systems may be integrated into equipment or separately placed on the market for use as autonomous systems;
c
“devices” means safety devices, controlling devices and regulating devices intended for use outside potentially explosive atmospheres but required for or contributing to the safe functioning of equipment and protective systems with respect to the risks of explosion;
d
“component” means any item essential to the safe functioning of equipment and protective systems but with no autonomous function;
e
“intended use” means the use of equipment, protective systems, and devices in accordance with the equipment group and category and with all the information supplied by the manufacturer which is required for the safe functioning of equipment, protective systems and devices;
f
“explosive atmosphere” means the mixture with air, under atmospheric conditions, of flammable substances in the form of gases, vapours, mists or dusts in which, after ignition has occurred, combustion spreads to the entire unburned mixture; and
g
“potentially explosive atmosphere” means an atmosphere which could become explosive due to local and operational conditions.
Excluded equipment, protective systems, devices and components
4
These Regulations do not apply —
a
to the equipment, protective systems and devices specified in Schedule 5 hereto; and
b
components for the equipment, protective systems or devices referred to in paragraph (a) above.
Exclusion until 30th June 2003 of equipment and protective systems complying with health and safety provisions in force on 23rd March 1994
5
1
Subject to paragraph (2) below, these Regulations do not apply to equipment or a protective system placed on the market in the Community on or before 30th June 2003 which complies with any health and safety provisions with which it would have been required to comply for it to be lawfully placed on the market in Great Britain on 23rd March 1994.
2
The exclusion provided in paragraph (1) above does not apply in the case of equipment or a protective system which —
a
unless required to bear the CE marking pursuant to any other Community obligation, bears the CE marking or an inscription liable to be confused therewith; or
b
bears or is accompanied by any other indication, howsoever expressed, that it complies with the ATEX Directive.
3
In this regulation, “health and safety provisions” means any requirement imposed by an enactment which has the same, or substantially the same, effect as any of the essential health and safety requirements and which would, but for the provisions of this regulation, be applicable to that equipment or protective system for the purposes of complying with these Regulations.
PART III
GENERAL REQUIREMENTS
General duty relating to the placing on the market of equipment, protective systems or devices by a responsible person
6
1
Subject to regulation 9 below, no person who is a responsible person shall place on the market any equipment, protective system or device to which these Regulations apply unless the requirements of paragraph (2) below have been complied with in relation thereto.
2
The requirements of this paragraph, in respect of any equipment, protective system or device, are that —
a
it satisfies the relevant essential health and safety requirements and, for the purpose of satisfying those requirements,
i
where a transposed harmonized standard covers one or more of the essential health and safety requirements, any equipment, protective system or device constructed in accordance with that transposed harmonized standard shall be presumed to comply with that or, as the case may be, those essential health and safety requirements; and
ii
a certificate of conformity to the harmonized standards specified in the Electrical Equipment for Explosive Atmospheres (Certification) Regulations 1990 (“the 1990 Regulations ”) and obtained in accordance with the procedures for obtaining such certificates in the 1990 Regulations shall continue to be valid for the purposes of these Regulations until 30th June 2003 (unless it expires before that date) in respect of any electrical equipment, as defined in the 1990 Regulations, which conforms to the type covered by the said certificate;
b
the appropriate conformity assessment procedure, in accordance with regulation 10(1) below, has been carried out —
i
by the manufacturer; or
ii
where permitted by that procedure, wholly or partly as the case may be, by the manufacturer’s authorized representative established in the Community,
save that,
aa
where the procedure in Annex III , VI or VIII of the ATEX Directive (which are respectively set out in Schedules 6, 9 and 11 hereto) is part of or, as the case may be, is the appropriate conformity assessment procedure; and
bb
the person placing the equipment, protective system or device on the market is neither the manufacturer nor his authorized representative established in the Community,
the obligation to retain the technical documentation, required as part of that appropriate conformity assessment procedure, shall be fulfilled by the person who places that equipment, protective system or device on the market;
c
the CE marking has been affixed to it by the manufacturer or his authorized representative established in the Community in accordance with Schedule 2 hereto and Schedule 2 shall have effect for that purpose; and
d
it is in fact safe.
General duty relating to the supply of equipment, protective systems or devices by a person other than the responsible person
7
1
Subject to paragraph (2) below, it shall be the duty of any person who supplies any equipment, protective system or device to which these Regulations apply, but who is not a person to whom regulation 6 above applies, to ensure that that equipment, protective system or device is safe.
2
Without prejudice to any other safety requirement which may apply in respect of such equipment, protective system or device, this regulation does not apply to —
a
equipment, a protective system or device which has been placed on the market in the Community before 1st March 1996; or
b
the supply of any equipment, protective system or device which has previously been put into service in the Community.
General duty relating to the placing on the market of components by a responsible person
8
1
Subject to regulation 9(a) below, no person who is a responsible person shall place on the market any component to which these Regulations apply unless the requirements of paragraph (2) below have been complied with in relation thereto.
2
The requirements of this paragraph, in respect of any component, are that —
a
the appropriate conformity assessment procedure, in accordance with regulation 10(2) below, has been carried out by the person specified in regulation 6(2)(b) above; and
b
it is accompanied by a certificate which has been issued by the manufacturer or his authorized representative established in the Community and which —
i
declares the conformity of the component with the provisions of the ATEX Directive which apply to it; and
ii
states its characteristics and how it must be incorporated into equipment or protective systems to assist compliance with the essential requirements applicable to finished equipment or protective systems.
Exceptions to placing on the market in respect of certain equipment, protective systems, devices and components
9
For the purposes of regulation 6 or 8 above, equipment, a protective system, device or, in the case of paragraph (a) below, a component shall not be regarded as being placed on the market —
a
where that equipment, protective system, device or component
i
will be put into service in a country outside the Community; or
ii
is imported into the Community for re-export to a country outside the Community,
save that this paragraph shall not apply if the CE marking, or any inscription liable to be confused therewith, is affixed thereto; or
b
by the exhibition at trade fairs and exhibitions of that equipment, protective system or device, provided that where the provisions of these Regulations are not satisfied —
i
a notice is displayed in relation to the equipment, protective system or device in question to the effect —
aa
that it does not satisfy those provisions; and
bb
that it may not lawfully be placed on the market until the responsible person has ensured that those provisions are satisfied; and
ii
adequate safety measures are taken to ensure the safety of persons.
Conformity assessment procedures
10
1
Subject to paragraphs (4) and (5) below, for the purposes of regulation 6(2)(b) above, the appropriate conformity assessment procedure shall —
a
in the case of equipment and, where necessary, a device, be determined in accordance with paragraph (3) below by reference to the equipment-group and equipment-category of that particular equipment or, as the case may be, device; and
b
in the case of an autonomous protective system, be the procedure set out in paragraph (3)(a) or (d) below.
2
For the purposes of regulation 8(2)(a) above, in the case of a component the appropriate conformity assessment procedure shall be the procedure set out in paragraph (3) below, which relates to the equipment or protective system into which that component is to be incorporated, with the exception of the affixing of the CE marking.
3
The procedures referred to in paragraphs (1) and (2) above are as follows:
a
without prejudice to sub-paragraph (d) below, in the case of equipment-group I and II, equipment-category M 1 and 1, the manufacturer or his authorized representative established in the Community must, in order to affix the CE marking, follow the EC type-examination procedure (referred to in Annex III of the ATEX Directive, which is set out in Schedule 6 hereto), in conjunction with:
i
the procedure relating to production quality assurance (referred to in Annex IV of the ATEX Directive, which is set out in Schedule 7 hereto); or
ii
the procedure relating to product verification (referred to in Annex V of the ATEX Directive, which is set out in Schedule 8 hereto);
b
without prejudice to sub-paragraph (d) below, in the case of equipment-group I and II, equipment-category M 2 and 2,
i
in the case of internal combustion engines and electrical equipment in these groups and categories, the manufacturer or his authorized representative established in the Community shall, in order to affix the CE marking, follow the EC-type examination procedure (referred to in Annex III of the ATEX Directive, which is set out in Schedule 6 hereto), in conjunction with:
aa
the procedure relating to conformity to type referred to in Annex VI of the ATEX Directive (which is set out in Schedule 9 hereto); or
bb
the procedure relating to product quality assurance referred to in Annex VII of the ATEX Directive (which is set out in Schedule 10 hereto); and
ii
in the case of other equipment in these groups and categories, the manufacturer or his authorized representative established in the Community must, in order to affix the CE mark, follow the procedure relating to internal control of production (referred to in Annex VIII of the ATEX Directive, which is set out in Schedule 11 hereto) and communicate the dossier, provided for in paragraph 3 of Annex VIII, to a notified body, which shall acknowledge receipt of it as soon as possible and shall retain it;
c
without prejudice to sub-paragraph (d) below, in the case of equipment-group II, equipment-category 3, the manufacturer or his authorized representative established in the Community must, in order to affix the CE marking, follow the procedure relating to internal control of production referred to in Annex VIII of the ATEX Directive (which is set out in Schedule 11 hereto); or
d
in the case of equipment-groups I and II, as an alternative to the procedures referred to in sub-paragraphs (a), (b) and (c) above, the manufacturer or his authorized representative established in the Community may, in order to affix the CE marking, follow the procedure relating to CE unit verification (referred to in Annex IX of the ATEX Directive, which is set out in Schedule 12 hereto).
4
In the case of equipment, protective systems or devices, the manufacturer or his authorized representative established in the Community may, in order to affix the CE marking, follow the procedure relating to internal control of production (referred to in Annex VIII of the ATEX Directive, which is set out in Schedule 11 hereto) with regard to the safety aspects referred to in point 1.2.7 of Annex II of the ATEX Directive (which is set out in Schedule 3 hereto).
5
Notwithstanding the previous paragraphs of this regulation, the Secretary of State may, on a duly justified request, authorize the placing on the market and putting into service of equipment, protective systems and individual devices refered to in Article 1(2) in respect of which the procedures referred to in the previous paragraphs have not been applied and the use of which is in the interests of protection.
6
Documents and correspondence relating to the procedures referred to in the above-men tioned paragraphs shall be drawn up in one of the official languages of the member States in which those procedures are being applied or in a language accepted by the notified body to which an application is made pursuant to one of those procedures.
Notified bodies
11
For the purposes of these Regulations, a notified body is a body which has been appointed to carry out one or more of the conformity assessment procedures specified in Article 8 of the ATEX Directive and referred to in regulation 10 above which has been —
a
appointed as a notified body in Great Britain pursuant to regulation 12 below;
b
appointed as a notified body in Northern Ireland; or
c
appointed by a member State other than the United Kingdom,
and in the case of (a), (b) and (c) above has been notified by the member State concerned to the Commission and the other member States pursuant to Article 9(1) of the ATEX Directive.
Notified bodies appointed by the Secretary of State
12
1
The Secretary of State may from time to time appoint such qualified persons as he thinks fit to be notified bodies for the purposes of these Regulations.
2
An appointment —
a
may relate to all descriptions of equipment, protective systems, devices or components or such descriptions (which may be framed by reference to any circumstances whatsoever) of equipment, protective systems, devices or components as the Secretary of State may from time to time determine;
b
may be made subject to such conditions as the Secretary of State may from time to time determine, and such conditions may include conditions which are to apply upon or following termination of the appointment;
c
shall, without prejudice to the generality of sub-paragraph (b) above, require that body, subject to paragraph (4) below, to carry out the procedures and specific tasks for which it has been appointed including (where so provided as part of those procedures) surveillance to ensure that the manufacturer duly fulfils the obligations arising out of the relevant quality assurance procedure;
d
shall be terminated —
i
if it appears to the Secretary of State that the notified body is no longer a qualified person; or
ii
upon 90 days' notice in writing to the Secretary of State, at the request of the notified body; and
e
may be terminated if it appears to the Secretary of State that any of the conditions of the appointment are not complied with.
3
Subject to paragraph (2)(d) and (e) above, an appointment under this regulation may be for the time being or for such period as may be specified in the appointment.
4
A notified body appointed by the Secretary of State shall not be required to carry out the functions referred to in paragraph (2)(c) above if —
a
the documents submitted to it in relation to carrying out such functions are not in English or another language acceptable to that body;
b
the person making the application has not submitted with its application the amount of the fee which the body requires to be submitted with the application pursuant to regulation 13 below; or
c
the body reasonably believes that, having regard to the number of applications made to it in relation to its appointment under these Regulations which are outstanding, it will be unable to commence the required work within 3 months of receiving the application.
5
If for any reason the appointment of a notified body is terminated under this regulation, the Secretary of State may authorise another notified body to take over its functions in respect of such cases as he may specify.
6
A notified body which is responsible, as part of any of the conformity assessment procedures referred to in regulation 10 above, for the assessment of the conformity of electrical equipment placed on the market before 1st July 2003, shall take account of the results of tests and verifications already carried out in respect of the harmonized standards which are applicable under —
a
Council Directive 76/117/EEC and Council Directive 79/196/EEC ; or
b
Council Directive 82/130/EEC .
7
If a notified body, to which an application has been made for an EC type-examination certificate pursuant to the EC type-examination procedure (referred to in Annex III of the ATEX Directive and set out in Schedule 6 hereto), is not satisfied that the requirements for such a certificate are met and is minded to refuse to issue an EC type-examination certificate, it shall —
a
inform the applicant in writing of the reasons why it proposes to refuse to issue an EC type-examination certificate;
b
give the applicant the opportunity, within a reasonable period, of making representations as to why it should not be refused; and
c
if, after considering any representations made pursuant to sub-paragraph (b) above, it remains unsatisfied in respect of those requirements, it shall —
i
notify its decision in writing to the applicant stating the grounds on which the refusal is based; and
ii
inform the applicant in writing of the procedure which it has established whereby an appeal may be made against that decision.
8
In this regulation —
“qualified person” means a person (which may include the Secretary of State) who meets the minimum criteria; and
“minimum criteria” means the criteria set out in Annex XI of the ATEX Directive (minimum criteria to be taken into account by member States for the notification of bodies) .
Fees
13
1
Without prejudice to the power of the Secretary of State, where he is a notified body, to charge fees pursuant to regulations made under section 56 of the Finance Act 1973 and subject to paragraph (2) below, a notified body appointed by the Secretary of State, other than the Secretary of State, may charge such fees in connection with, or incidental to, carrying out its duties in relation to the functions referred to in regulation 12(2)(c) above as it may determine; provided that such fees shall not exceed the sum of the following —
a
the costs incurred or to be incurred by the notified body in performing the relevant function; and
b
an amount on account of profit which is reasonable in the circumstances having regard to —
i
the character and extent of the work done or to be done by the body on behalf of the applicant; and
ii
the commercial rate normally charged on account of profit for that work or similar work.
2
The power in paragraph (1) above includes the power to require the payment of fees or a reasonable estimate thereof in advance of carrying out the work requested by the applicant.
Supplementary provisions
Conditions for equipment, protective systems, devices and components being taken to comply with the provisions of the ATEX Directive
14
1
Subject to paragraph (2) below,
a
equipment, a protective system or device —
i
which is accompanied by an EC declaration of conformity —
aa
issued in respect of it by the manufacturer or his authorized representative established in the Community; and
bb
containing the elements set out in Schedule 13 hereto; and
ii
to which the CE marking is affixed in accordance with regulation 6(2)(c) above; or
b
a component which is accompanied by a certificate, which has been issued in accordance with regulation 8(2)(b) above,
shall be taken to comply with all the provisions of the ATEX Directive including the appropriate conformity assessment procedure specified in regulation 10 above, unless there are reasonable grounds for suspecting that it does not so comply.
2
Paragraph (1) above does not apply —
a
in relation to the enforcement authority where the responsible person fails or refuses to make available to the enforcement authority the documentation which he is required, by the conformity assessment procedure which applies to that equipment, protective system, device or component, to retain or a copy thereof; or
b
in the case of equipment, a protective system or device
i
which is supplied in the circumstances described in regulation 7(2)(b) above; and
ii
to which the CE marking is indelibly affixed.
PART IV
ENFORCEMENT
Application of Schedule 14
15
1
Subject to paragraph (2) below, Schedule 14 shall have effect for the purposes of providing for the enforcement of these Regulations and for matters incidental thereto.
2
Except in the case of equipment, a protective system or device which, in the opinion of the enforcement authority, is not safe, where the enforcement authority has reasonable grounds for suspecting that the CE marking has not been correctly affixed to equipment, a protective system or device, as the case may be, it may give notice in writing to the responsible person who placed that equipment, protective system or device, on the market and, subject to paragraph (3) below, no action pursuant to Schedule 14 may be taken, and no proceedings may be brought pursuant to regulation 16 below, in respect of that equipment, protective system or device, as the case may be, until such notice has been given and the person to whom it is given has failed to comply with its requirements.
3
Notwithstanding the provisions of paragraph (2) above, for the purpose of ascertaining whether or not the CE marking has been correctly affixed, action may be taken pursuant to section 20 of the Health and Safety at Work etc. Act 1974 as it is applied by Schedule 14.
4
Notice which is given under paragraph (2) above shall —
a
state that the enforcement authority suspects that the CE marking has not been correctly affixed to the equipment, protective system or device, as the case may be;
b
specify the respect in which it is so suspected and give particulars thereof;
c
require the person to whom the notice is given —
i
to secure that any equipment, protective system or device, as the case may be, to which the notice relates conforms as regards the provisions concerning the correct affixation of the CE marking within such period as may be specified in the notice; or
ii
to provide evidence within that period, to the satisfaction of the enforcement authority, that the CE marking has been correctly affixed; and
d
warn that person that if the non-conformity continues after (or if satisfactory evidence has not been provided within) the period specified in the notice, further action may be taken under the Regulations in respect of that equipment, protective system or device, as the case may be, or any equipment, protective system or device of the same type placed on the market by that person.
5
For the purposes of this regulation, the CE marking is correctly affixed to equipment, a protective system or device, as the case may be, if —
a
it has been affixed in accordance with regulation 6(2)(c) above; and
b
the appropriate conformity assessment procedure has been carried out in respect of that equipment, protective system or device in accordance with regulation 6(2)(b) above.
Offences
16
Any person who contravenes or fails to comply with regulation 6, 7 or 8 above shall be guilty of an offence.
Penalties
17
A person guilty of an offence under regulation 16 above shall be liable on summary conviction —
a
to imprisonment for a term not exceeding 3 months; or
b
to a fine not exceeding level 5 on the standard scale,
or to both.
Defence of due diligence
18
1
Subject to the following provisions of this regulation, in proceedings against any person for an offence under regulation 16 above it shall be a defence for that person to show that he took all reasonable steps and exercised all due diligence to avoid committing the offence.
2
Where in any proceedings against any person for such an offence the defence provided by paragraph (1) above involves an allegation that the commission of the offence was due —
a
to the act or default of another; or
b
to reliance on information given by another,
that person shall not, without the leave of the court, be entitled to rely on the defence unless, not less than seven clear days before the hearing of the proceedings (or, in Scotland, the trial diet), he has served a notice under paragraph (3) below on the person bringing the proceedings.
3
A notice under this paragraph shall give such information identifying or assisting in the identification of the person who committed the act or default or gave the information as is in the possession of the person serving the notice at the time he serves it.
4
It is hereby declared that a person shall not be entitled to rely on the defence provided by paragraph (1) above by reason of his reliance on information supplied by another, unless he shows that it was reasonable in all the circumstances for him to have relied on the information, having regard in particular —
a
to the steps which he took, and those which might reasonably have been taken, for the purpose of verifying the information; and
b
to whether he had any reason to disbelieve the information.
Liability of persons other than the principal offender
19
1
Where the commission by any person of an offence under regulation 16 above is due to the act or default committed by some other person in the course of any business of his, the other person shall be guilty of the offence and may be proceeded against and punished by virtue of this paragraph whether or not proceedings are taken against the first-mentioned person.
2
Where a body corporate is guilty of an offence under these Regulations (including where it is so guilty by virtue of paragraph (1) above) in respect of any act or default which is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
3
Where the affairs of a body corporate are managed by its members, paragraph (2) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
4
In this regulation, references to a “body corporate” include references to a partnership in Scotland and, in relation to such partnership, any reference to a director, manager, secretary or other similar officer of a body corporate is a reference to a partner.
Amendment and disapplication of law in Great Britain
General provisions
20
1
In sub-paragraph (d) of regulation 19(2) of The Electricity at Work Regulations 1989 , for the words “Commission Directive 88/35/EEC ” there shall be substituted the words “Commission Directives 88/35/EEC , 91/269/EEC and 94/44/ EC ” and, for the purposes of the enforcement of that sub-paragraph, this substitution shall have effect as if it had been made under section 15 of the Health and Safety at Work etc. Act 1974 .
2
Subject to regulation 1(2) above, in respect of any equipment, protective system, device or component to which these Regulations apply, there shall be disapplied —
a
in the Coal and Other Mines (Locomotives) Regulations 1956 —
i
paragraphs (1) and (2) of regulation 3; and
ii
regulations 4 and 5;
b
in both The Bentinck Mine (Diesel Engined Stone Dusting Machine) Regulations 1976 and The Point of Ayr Mine (Diesel Vehicles) Regulations 1980 , regulation 4; and
c
in the Regulations specified in the first column of Schedule 15 hereto, the regulations respectively specified in the third column of that Schedule.
Consequential amendment of the Provision and Use of Work Equipment Regulations 1992
21
1
At the end of Schedule 1 to the Provision and Use of Work Equipment Regulations 1992 , there shall be added the following —
37
European Parliament and Council Directive 94/9/EC on the approximation of the laws of the Member States concerning equipment and protective systems intended for use in potentially explosive atmospheres ( OJ No. L100, 19.4.94, p. 1).
.
2
These Regulations shall have effect for the purposes of the enforcement of regulation 10 of the Provision and Use of Work Equipment Regulations 1992 as if the addition of the reference to the ATEX Directive in Schedule 1, effected by paragraph (1) above, had been made under section 15 of the Health and Safety at Work etc. Act 1974.
Ian Taylor
Parliamentary Under-Secretary of State for Science and Technology,
Department of Trade and Industry
1st February 1996


text:
Title and commencement
1
These Regulations may be cited as the Beef (Marketing Payment) Regulations 1996 and shall come into force on 1st August 1996.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“the appropriate Minister” means —
in relation to England, the Minister of Agriculture, Fisheries and Food; and
in relation to Scotland, Wales and Northern Ireland, the Secretary of State;
“authorised person” means a person (whether or not an officer of the Minister or the Secretary of State) who is authorised by the appropriate Minister, either generally or specially, to act in matters arising under these Regulations;
“beef producer” means a producer within the meaning of Article 4(a) of Council Regulation ( EEC ) No. 805/68 on the common organisation of the market in beef and veal;
“holding” has the meaning given by Article 4(a) of Council Regulation (EEC) No. 805/68 ;
“movement record”, in relation to a bovine animal, means a record made for the purposes of recording the movement of the animal to or from a holding;
“payment” means a payment under these Regulations; and
“the specified period”, for the purposes of regulation 5, is the period of four years beginning on the date on which an application for payment was delivered to the appropriate Minister.
2
Except in so far as the context otherwise requires, any reference in these Regulations to a numbered regulation shall be construed as a reference to the regulation bearing that number in these Regulations.
Payment
3
1
Subject to the following provisions of these Regulations, the appropriate Minister may make a payment to a beef producer in respect of any heifer, steer or bull —
a
kept prior to 20th March 1996 on a holding belonging to that producer;
b
either —
i
sold by that producer after 19th March 1996 and before 1st July 1996 for slaughter for human consumption; or
ii
accepted from that producer for slaughter under the Bull Slaughter Scheme (Northern Ireland) 1996; and
c
the carcase of which was, at the date of slaughter, within category A, B, C, or E as defined in Council Regulation (EEC) No. 1208/81 determining the Community scale for the classification of carcases of adult bovine animals.
2
A payment may be made at such time and in such amount as the appropriate Minister may determine.
Applications for payment
4
1
An application for payment shall be in such form, and shall contain such particulars and be accompanied by such documents relating to the application, as the appropriate Minister may require.
2
A beef producer who applies for payment shall deliver his application to the appropriate Minister by 23rd August 1996.
Records
5
A beef producer shall, in relation to any animal for which he has applied for payment, retain for the specified period any account, bill, invoice, movement record, receipt, sales note, voucher or other record relating to that animal.
Powers of authorised persons
6
1
An authorised person may, at all reasonable hours and on producing, if so required, some duly authenticated document showing his authority, exercise the powers specified in this regulation —
a
for any purpose relating to the processing of an application for payment; or
b
for the purpose of ascertaining whether any offence under these Regulations has been or is being committed.
2
An authorised person may enter any land, other than land used solely as a private dwelling-house, which is, or which he has reasonable cause to believe to be, land currently or formerly occupied by or in the possession of —
a
an applicant for payment; or
b
a person who holds or who has been the holder of a licence under the Fresh Meat (Hygiene and Inspection) Regulations 1995 ;
3
An authorised person who has entered any land by virtue of paragraph (2) above may —
a
inspect and count any bovine animals on the land and read the ear-tags of any such animal; and
b
inspect any account, bill, invoice, movement record, receipt, sales note, voucher or other record relating to any bovine animal.
4
An authorised person entering any land by virtue of paragraph (2) above may take with him such other persons as he considers necessary.
5
An authorised person may —
a
require an applicant for a payment, or any employee, servant or agent of such a person, to produce any account, bill, invoice, movement record, receipt, sales note, voucher or other record relating to any animal for which an application for payment has been made, and to supply such additional information in that person’s possession, custody or power relating to any such animal as the authorised person may reasonably request;
b
where any account, bill, invoice, movement record, receipt, sales note, voucher or other record relating to any animal for which an application for payment has been made is kept by means of a computer, have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with any such records;
c
require that copies of, or extracts from, any account, bill, invoice, movement record, receipt, sales note, voucher or other record relating to any animal for which an application for payment has been made, be produced; and
d
seize and retain any such record which he has reason to believe may be required as evidence in proceedings under these Regulations and, where any such record is kept by means of a computer, require it to be produced in a form in which it may be taken away.
Assistance to authorised persons
7
An applicant for payment and any employee, servant or agent of such a person, shall give to an authorised person such assistance as he may reasonably request to enable him to exercise any power conferred by regulation 6.
Recovery of payment
8
Where a payment has been made —
a
in respect of an animal other than an eligible bovine animal;
b
in respect of an eligible bovine animal which does not satisfy the requirements of regulation 3; or
c
to a person who, in making the application for payment, or in furnishing any information in connection with the application, has made a statement which is false, misleading or incomplete in any material respect,
the appropriate Minister shall be entitled to recover on demand from the recipient of the payment the whole or any part of the payment.
Rate of interest
9
Except where the appropriate Minister recovers from any applicant a payment or part of a payment paid to that applicant as a result of an error of that Minister, he may charge interest at the rate of one percentage point above the sterling three months London Interbank Offered Rate on a day to day basis for the period specified in that Article.
Offences and penalties
10
1
It shall be an offence for a person —
a
without reasonable excuse, to fail to comply with the provisions of regulation 5;
b
intentionally to obstruct an authorised person in the exercise of a power conferred by regulation 6; or
c
without reasonable excuse, to fail to comply with a request made under regulation 7.
2
It shall be an offence for a person to furnish information recklessly or which he knows to be false or misleading in a material particular —
a
in connection with any requirement imposed under regulation 6; or
b
for the purpose of obtaining for himself or another person the whole or part of any payment.
3
A person guilty of an offence under paragraph (1)(a) above shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
4
A person guilty of an offence under paragraph (1)(b) or (c) or (2) of this regulation shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Time limit for prosecutions
11
1
Proceedings for an offence under regulation 10 may, subject to paragraph (2) below, be commenced within the period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge.
2
No such proceedings shall be commenced by virtue of this regulation more than four years after the commission of the offence.
3
For the purposes of this regulation —
a
a certificate signed by or on behalf of the prosecutor and stating the date on which evidence sufficient in his opinion to warrant the proceedings came to his knowledge shall be conclusive evidence of that fact; and
b
a certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.
4
In relation to proceedings in Scotland, section 136(3) of the Criminal Procedure (Scotland) Act 1995 (date of commencement of proceedings) shall apply for the purposes of this regulation as it applies for the purposes of that section.
Offences by bodies corporate
12
1
Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of —
a
any director, manager, secretary or other similar officer of the body corporate; or
b
any person who was purporting to act in any such capacity,
he, as well as the body corporate, shall be guilty of the offence and liable to be proceeded against and punished in accordance with regulation 10.
2
For the purposes of paragraph (1) above, “director”, in relation to a body corporate whose affairs are managed by its members, means a member of that body corporate.
3
Where an offence under these Regulations is committed in Scotland by a Scottish partnership and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he, as well as the partnership, shall be guilty of the offence and be liable to be proceeded against and punished in accordance with regulation 10.
Douglas Hogg
Minister of Agriculture, Fisheries and Food
31st July 1996
Signed by authority of the Secretary of State for Wales
Jonathan Evans
Parliamentary Under Secretary of State,
Welsh Office
31st July 1996


text:
Citation and commencement
1
These Regulations may be cited as the Waste Management Licensing (Amendment) Regulations 1996 and shall come into force on 14th May 1996.
Amendment of the Waste Management Licensing Regulations 1994
2
1
In paragraph 17 of Schedule 3 to the Waste Management Licensing Regulations 1994 , there shall be added:
a
at the end of Table 4 in the columns headed “Kind of waste” and “Maximum total quantity” respectively:
waste mammalian protein 60,000 tonnes waste mammalian tallow 45,000 tonnes
b
after sub-paragraph (2) —
3
In this paragraph —
“mammalian protein” means proteinaceous material and “mammalian tallow” means fat, which in each case is derived from the whole or part of any dead mammal by a process of crushing, cooking or grinding.
.
John Gummer
Secretary of State for the Environment
13th May 1996


text:
1
1
This Order may be cited as the Prevention of Terrorism (Temporary Provisions) Act 1989 (Continuance) Order 1996 and shall come into force on 22nd March 1996.
2
In this Order “the 1989 Act ” means the Prevention of Terrorism (Temporary Provisions) Act 1989.
2
This Order applies to the provisions of Parts I to V and section 27(6)(c) of the 1989 Act except the provisions of Parts III and V so far as they have effect in Northern Ireland and relate to proscribed organisations for the purposes of section 28 of the Northern Ireland (Emergency Provisions) Act 1991 or offences or orders under that section.
3
The provisions of the 1989 Act to which this Order applies shall continue in force for a period of twelve months beginning with 22nd March 1996.
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Home Office
20th March 1996


text:
1
This Order may be cited as the Horserace Totalisator Board (Extension of Powers) Order 1996 and shall come into force on 20th December 1996.
2
The outcome of any lottery conducted outside the United Kingdom is an event approved for the purposes of section 1(1)(b) of the Horserace Totalisator and Betting Levy Boards Act 1972.
Timothy Kirkhope
Parliamentary Under Secretary of State
Home Office
19th November 1996