text:
Commencement and citation
1
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No. 7) Regulations 1996 and shall come into force on 1st January 1997.
Preliminary
2
1
The Road Vehicles (Construction and Use) Regulations 1986 shall be further amended in accordance with the following provisions of these Regulations.
2
So far as any requirement is imposed by these Regulations that requirement is imposed in exercise of the powers conferred by section 41 of the Road Traffic Act 1988 to the exclusion of the powers under section 2(2) of the European Communities Act 1972.
Amendments to regulation 15 (braking systems of certain vehicles)
3
In regulation 15(2), for sub-paragraph (j) there shall be substituted the following sub-paragraphs —
j
a trailer falling within regulation 16(3)(b), (bb), (bc), (d), (e), (f) or (g);
ja
a trailer which is manufactured before 1st January 1997 and has a maximum total design axle weight that does not exceed 750 kg ; or
.
Amendments to regulation 16 (braking systems of vehicles to which regulation 15 does not apply)
4
1
Regulation 16 shall be amended as follows.
2
In paragraph (3), for sub-paragraph (b) there shall be substituted the following sub-paragraphs —
b
a trailer which is designed for use and used for street cleansing and does not carry any load other than its necessary gear and equipment;
ba
a trailer which has a maximum total design axle weight that does not exceed 750 kg;
bb
a trailer which —
i
is an agricultural trailer manufactured before 1st July 1947;
ii
is being drawn by a motor tractor or an agricultural motor vehicle at a speed not exceeding 10 mph;
iii
has a laden weight not exceeding 4070 kg; and
iv
is the only trailer being drawn;
bc
a trailer which is being drawn by a motor cycle in accordance with regulation 84;
.
3
In paragraphs (5) and (5A), after “78.01” there shall be inserted “or Community Directive 93/14” .
4
In the Table in paragraph 5A, for the heading in column 3 there shall be substituted “Vehicle Category in ECE Regulations or Community Directive 93/14 (as the case may be)”.
New regulation 17A (couplings on trailer pneumatic braking systems)
5
After regulation 17, there shall be inserted the following —
Couplings on trailer pneumatic braking systems
17A
1
In this regulation —
“ BS coupling” means a coupling which —
a
is of the type shown in figure 1, 4 or 5 of the British Standard specification; and
b
complies with the dimensions shown in that figure;
“the British Standard specification” means the British Standard specification for dimensions of ‘contact’ type couplings for air pressure braking systems on trailers and semi-trailers and their towing vehicles, and the arrangements of these couplings on articulated and drawbar combinations, published by the British Standards Institution under reference number BS AU 138a: 1980;
“coupling”, “emergency line”, “secondary line” and “service line” have the same meanings as in the British Standard specification;
“ EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on the 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 ; and
“EEA State” means a state which is a Contracting Party to the EEA Agreement.
2
For the purposes of this regulation, a relevant coupling is a coupling that is physically capable of being connected to a BS coupling.
3
Subject to paragraphs (6) and (7), no service line comprised in a pneumatic braking system fitted to a trailer shall be equipped with a relevant coupling unless that coupling —
a
is of the type shown in figure 2 of the British Standard specification;
b
complies with the dimensions shown in that figure; and
c
complies with paragraph 3.4.3 of that specification (except so far as it requires it to be of a type shown in that figure).
4
Subject to paragraphs (6), (7) and (8) no emergency line comprised in a pneumatic braking system fitted to a trailer shall be equipped with a relevant coupling unless that coupling —
a
is of the type shown in figure 3 of the British Standard specification; and
b
complies with the dimensions shown in that figure.
5
Subject to paragraphs (6), (7) and (8) no secondary line comprised in a pneumatic braking system fitted to a trailer shall be equipped with a relevant coupling unless that coupling —
a
is of the type shown in figure 6 of the British Standard specification; and
b
complies with the dimensions shown in that figure.
6
For the purposes of paragraphs (3), (4) and (5), a reference to the dimensions shown in a figure in the British Standard specification does not include any dimension marked “M22×1.5”.
7
Paragraph (3) shall not apply to a relevant coupling which fulfils the requirements of —
a
a standard or code of practice of a national standards body or equivalent body of any EEA State;
b
any international standard recognised for use as a standard by any EEA State; or
c
a technical specification or code of practice which, whether mandatory or not, is recognised for use as a standard by a public authority of any EEA State,
where the standard, code of practice, international standard or technical specification provides, in relation to couplings, a level of safety and compatibility with a BS coupling of the type shown in figure 1 of the British Standard specification equivalent to that provided by the British Standard specification as modified in accordance with paragraph (6).
8
Paragraph (7) shall have effect —
a
in relation to paragraph (4), as if for the words “paragraph (3)” there were substituted the words “paragraph (4)” and for the words “figure 1” there were substituted the words “figure 4”; and
b
in relation to paragraph (5), as if for the words “paragraph (3)” there were substituted the words “paragraph (5)” and for the words “figure 1” there were substituted the words “figure 5”.
.
Consequential amendment to regulation 71 (marking of weights on certain vehicles)
6
In regulation 71(1)(d), for “regulation” onwards, there shall be substituted “regulation 16(3)(b), (bb), (bc), (c), (d), (e), (f), or (g)”.
New regulation 71A (marking of date of manufacture of trailers)
7
After regulation 71, there shall be inserted the following —
Marking of date of manufacture of trailers
71A
1
This regulation applies to a trailer that —
a
is not a motor vehicle;
b
is manufactured on or after 1st January 1997; and
c
has a maximum total design axle weight not exceeding 750 kg.
2
The year of manufacture of every trailer to which this regulation applies shall be marked on the chassis, frame or other similar structure on the nearside of the vehicle, in a clearly visible and accessible position, and by a method such as hammering or stamping, in such a way that it cannot be obliterated or deteriorate.
.
Consequential amendment to regulation 87 (unbraked trailers)
8
In regulation 87(2)(b) for “paragraphs (b)” onwards there shall be substituted “paragraph (b), (bb), (bc), (c), (d), (e), (f) or (g) of regulation 16(3)”.
Amendment to regulation 89 (leaving trailers at rest)
9
In regulation 89, for the words “the brakes” there shall be substituted the words “a parking brake”.
Amendment to Schedule 2
10
In Table I of Schedule 2, after item 67, there shall be inserted the following item —
67A 93/14 5.4.93 L121, 15.5.93, p.1 The braking of two or three-wheel motor vehicles
Signed by authority of the Secretary of State
John Bowis
Parliamentary Under Secretary of State,
Department of Transport
3rd December 1996


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Oxfordshire Ambulance National Health Service Trust (Transfer of Trust Property) Order 1996 and shall come into force on 31st July 1996.
2
In this Order —
“the Authority” means the Oxfordshire Health Authority;
“the Trust” means the Oxfordshire Ambulance National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 1st April 1996, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 31st July 1996 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State,
Department of Health
8th July 1996


text:
Citation and commencement
1
1
This Act of Sederunt may be cited as the Act of Sederunt (Fees of Sheriff Officers) 1996 and shall come into force on 1st January 1997.
2
This Act of Sederunt shall be inserted in the Books of Sederunt.
Amendment of fees
2
1
Subject to sub-paragraph (2) below, the Table of Fees in the Schedule to this Act of Sederunt shall be substituted for the Table in Schedule 1 to the Act of Sederunt (Fees of Sheriff Officers) 1994 and shall apply to work carried out by a sheriff officer on or after the date on which this Act of Sederunt comes into force.
2
Sub-paragraph (1) above does not affect the fees payable as respects any work so carried out before the date mentioned in that sub-paragraph.
Rodger of Earlsferry
Lord President
I.P.D.
Edinburgh
12th November 1996


text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) (No.2) Regulations 1996 and shall come into force on 1st April 1996.
Interpretation
2
1
The Motor Vehicles (Driving Licences) Regulations 1987 shall be amended in accordance with the following provisions of this regulation.
2
After “(2),” in paragraph (1) of regulation 9 there shall be inserted “(2A),”.
3
After paragraph (2) of regulation 9 there shall be inserted —
2A
The condition specified in paragraph (l)(b) shall not apply —
a
when the holder of the provisional licence is driving a motor vehicle on a road in Wales, and
b
a distinguishing mark in the form set out in Schedule 2A is displayed on the vehicle in such manner as to be clearly visible to other persons using the road from within a reasonable distance from the front and from the back of the vehicle.
.
4
After Schedule 2 there shall be inserted —
SCHEDULE 2A
Regulation 9
Diagram of distinguishing mark to be displayed on a motor vehicle being driven under a provisional licence in Wales if a distinguishing mark in the form set out in Schedule 2 above is not so displayed.
The corners of the white ground can be rounded off.
.
William Hague
Secretary of State for Wales
4th March 1996


text:
1
This Order may be cited as the Insurance Premium Tax (Prescribed Rates of Interest) (Amendment) Order 1996 and shall come into force on 6th February 1996.
2
In article 2 of the Insurance Premium Tax (Prescribed Rates of Interest) Order 1994 for “5.5” there shall be substituted “6.25”.
Simon Burns
Derek Conway
Two of the Lords Commissioners of Her Majesty’s Treasury
31st January 1996


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Somerset Levels and Moors) Designation (Amendment) Order 1996 and shall come into force on 17th April 1996.
Amendment
2
1
The Environmentally Sensitive Areas (Somerset Levels and Moors) Designation Order 1922 shall be amended in accordance with paragraph (2) of this article.
2
In article 6 (rates of payment under agreement). —
a
in paragraph (1), for “£125” there shall be substituted “£130”; and
b
in paragraph (2), for the table there shall be substituted the following table:
£ per hectare of land per annum
Schedule 2 215 Schedule 3 80 Schedule 4 415
.
Saving
3
Article 2 of this Order shall not apply in respect of any annual payment to a farmer which relates wholly or in part to any period before 1st April 1996.
Tim Boswell
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
25th March 1996
We consent,
Simon Burns
Liam Fox
Two of the Lords Commissioners of Her Majesty’s Treasury
21st March 1996


text:
Title and commencement
1
This Order may be cited as the Heads of Sheep and Goats Order 1996 and shall come into force on 15th September 1996.
Interpretation
2
1
In this Order, unless the context otherwise requires —
“approved” means approved under the Specified Bovine Material Order ;
“food” has the meaning given in the Food Safety Act 1990 ;
“non-scheme animals” means bovine animals other than those slaughtered pursuant to the purchase scheme introduced under Commission Regulation ( EC ) No. 716/96 adopting exceptional support measures for the beef market in the United Kingdom;
“sell” includes have in possession for sale and offer or expose for sale;
“slaughterhouse” means any building, premises or place licensed for slaughtering animals the flesh of which is intended for sale for human consumption;
“specified bovine material” has the meaning given in article 2(1) of the Specified Bovine Material Order; and
“the Specified Bovine Material Order” means the Specified Bovine Material (No. 3) Order 1996 .
2
For the purposes of this Order the supply of the head of a sheep or goat, or of food, otherwise than by sale at, in or from any place where food is supplied in the course of a business shall be deemed to be a sale.
Heads of sheep or goats for human consumption
3
1
No person shall sell for human consumption any part of the head of a sheep or goat or any food containing any part of the head of a sheep or goat.
2
No person shall use any part of the head of a sheep or goat in the preparation of food for sale for human consumption.
3
No person shall sell any part of the head of a sheep or goat for use in the preparation of food for sale for human consumption.
4
For the purposes of this article “the head of a sheep or goat” includes any product derived therefrom but does not include the tongue where this has been removed immediately after slaughter but before the staining of the head.
5
This article shall not apply to the head of any sheep or goat born, reared and slaughtered in Australia or New Zealand.
Initial treatment of heads of sheep and goats in a slaughterhouse
4
1
When a sheep or goat is slaughtered in a slaughterhouse, or slaughtered elsewhere than in a slaughterhouse but brought immediately to a slaughterhouse to be dressed for human consumption, the occupier of the slaughterhouse shall ensure that the head is removed from the rest of the carcase.
2
Subject to paragraph (4) and article 7 below, the occupier shall ensure that any such head is stained immediately after slaughter by being treated (whether by immersion, spraying or other application) with a 0.5% weight/volume solution of the colouring agent Patent Blue V (E131, 1971 Colour Index No. 42051) in such a way that the colouring is clearly visible over the whole of the cut surface and the majority of the head; except that, if the tongue is to be removed, removal of the tongue shall take place immediately after slaughter and the head shall be stained immediately after such removal.
3
The occupier shall ensure that the head, excluding the tongue where this has been removed, does not come into contact with any other animal material, with the exception of specified bovine material from non-scheme animals, while in the slaughterhouse and that it is disposed of in accordance with article 9 of this Order.
4
In the case of any head which is intended to be examined by or on behalf of an officer of the appropriate Minister or a veterinary surgeon, the head shall not be stained until after the completion of the examination.
Initial treatment of the heads of sheep and goats elsewhere than in a slaughterhouse
5
1
Subject to paragraph (4) and article 7 below, when the head of a sheep or goat is removed from the carcase elsewhere than in a slaughterhouse, the occupier of the premises at which the head is removed shall ensure that it is stained immediately by being treated (whether by immersion, spraying or other application) with a 0.5% weight/volume solution of the colouring agent Patent Blue V (E131, 1971 Colour Index No. 42051) in such a way that the colouring is clearly visible over the whole of the cut surface and the majority of the head.
2
The occupier shall ensure that the head does not come into contact with any other animal material, with the exception of specified bovine material from non-scheme animals, while on the premises and that it is disposed of in accordance with article 9 of this Order.
3
In the case of any head which is intended to be examined by or on behalf of an officer of the appropriate Minister or a veterinary surgeon, the head shall not be stained until after the completion of the examination.
4
The provisions of this article shall not apply in the case of a post-mortem examination carried out by a veterinary surgeon or a veterinary practitioner provided that he makes arrangements for the disposal of the whole of the carcase by burial or incineration.
Rendering whole carcases
6
Any person rendering the whole carcase of a sheep or goat shall do so in accordance with article 10 of the Specified Bovine Material Order as if the carcase were specified bovine material.
Exceptions from the requirement to stain heads of sheep and goats
7
The requirement in articles 4(2) and 5(1) above to stain the head of a sheep or goat shall not apply if the head is —
a
to be sent to a veterinary or medical school, laboratory, hospital or similar institution for instructional, diagnostic or research purposes, provided that it is stored separately from all other animal materials and is clearly identified; or
b
intended to be used for non-food or non-feedingstuff purposes and is sent directly to premises referred to in article 9(1)(e) for treatment as if it were specified bovine material.
Procedure for bringing in heads of sheep or goats from Northern Ireland
8
1
No person shall bring the head of a sheep or goat into Great Britain from Northern Ireland unless it is stained in accordance with legislation having effect in Northern Ireland and corresponding to the provisions of these Regulations relating to staining, or it is exempt from the requirement to stain under that legislation by virtue of provisions corresponding to regulation 7 above.
2
Any person bringing the head of a sheep or goat into Great Britain from Northern Ireland shall immediately transport it to one of the destinations specified in article 9(1) below.
Consignment of heads of sheep or goats
9
1
Once the head has been removed from the carcase of a sheep or goat and treated in accordance with this Order, the person responsible for its removal from the carcase shall, without unreasonable delay, send it directly to —
a
an approved collection centre;
b
an approved rendering plant;
c
premises referred to in article 7 above;
d
an approved incinerator; or
e
any other premises approved by the appropriate Minister which are not connected with the manufacture or preparation of food of feedingstuffs,
where, subject to article 10 below, it shall be treated as if it were specified bovine material.
2
Any person consigning the head of a sheep or goat from the place where it was removed from the carcase shall keep, for two years from the date of consignment, a record indicating the date of consignment, destination and weight consigned.
Application of the Specified Bovine Material Order
10
Articles 16, 17, 18, 20, 21, 24 and 25 of the Specified Bovine Material Order shall apply in relation to any head of a sheep or goat which has been removed from the carcase as if any such head were specified bovine material, subject to the modifications that —
a
in articles 18(7)(a) and (b) and 20(1)(a), the requirements to label or mark a container used for specified bovine material with the words “specified bovine material” shall be construed as a requirement to label or mark a container used for any head of a sheep or goat with the words “specified material”; and
b
in article 20(1) the reference to article 11 of the Specified Bovine Material Order shall be construed as a reference to article 7 of this Order.
Enforcement
11
This Order shall be enforced —
a
in relation to premises licensed under the Fresh Meat (Hygiene and Inspection) Regulations 1995 by the appropriate Minister; and
b
in any other case by the local authority.
Offences
12
Any person who, without lawful authority or excuse, proof of which shall lie on him, contravenes any provision of this Order commits an offence against the Animal Health Act 1981.
Angela Browning
Parliamentary Secretary Ministry of Agriculture, Fisheries and Food
1st September 1996
Lindsay
Parliamentary Under Secretary of State Scottish Office
2nd September 1996
Signed by authority of the Secretary of State for Wales
Jonathan Evans
Parliamentary Under Secretary of State Welsh Office
3rd September 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North Glamorgan National Health Service Trust (Establishment) Order 1996 and shall come into force on 19th February 1996.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 19th February 1996;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means North Glamorgan National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called North Glamorgan National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services provided at Prince Charles Hospital, Merthyr Tydfil, Mid Glamorgan CF47 9DT and associated hospitals;
b
to manage community health services provided from Prince Charles Hospital, Merthyr Tydfil, Mid Glamorgan CF47 9DT and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1996.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
Mid Glamorgan Health Authority shall —
a
until the operational date make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of premises to the trust.
2
Mid Glamorgan Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be Mid Glamorgan Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
William Hague
Secretary of State for Wales
29th January 1996


text:
1
This Order may be cited as the National Enterprise Board (Dissolution) Order 1996.
2
The Board shall be dissolved on 1st July 1996.
Ian Lang
Secretary of State,
Department of Trade and Industry
5th June 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Hartlepool and East Durham National Health Service Trust (Establishment) Order 1996 and shall come into force on 1st April 1996.
2
In this Order, unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Hartlepool and East Durham National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Hartlepool and East Durham National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions shall be —
a
to own and manage hospital accommodation and services provided at Hartlepool General Hospital, Holdforth Road, Hartlepool, Cleveland TS24 9AH and associated hospitals;
b
to manage community health services provided from Hartlepool General Hospital, Holdforth Road, Hartlepool, Cleveland TS24 9AH and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1996.
2
The accounting date of the trust shall be 31st March.
Restriction on disposal of assets
6
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State
Department of Health
18th March 1996


text:
1
This Order may be cited as the Winchester School of Art Higher Education Corporation (Dissolution) Order 1996 and shall come into force on 1st August 1996.
2
In this Order —
“ the Act ” means the Education Reform Act 1988; and
“the corporation” means Winchester School of Art higher education corporation.
3
1
The corporation is dissolved.
2
The property, rights and liabilities of the corporation, other than rights and liabilities under any contract of employment, are transferred to and vest in the University of Southampton.
4
Section 127 of the Act shall apply in respect of any person employed immediately before 1st August 1996 by the corporation to work solely at the institution conducted by the corporation as if the reference in that section —
a
to the transfer date were to 1st August 1996;
b
to the transferor authority were to the corporation; and
c
to the corporation were to the University of Southampton.
Eric Forth
Minister of State,
Department for Education and Employment
8th July 1996


text:
Citation and commencement
1
These Regulations may be cited as the Housing Renovation etc. Grants (Reduction of Grant) (Amendment) Regulations 1996 and shall come into force on 17th June 1996.
Amendments
2
The Housing Renovation etc. Grants (Reduction of Grant) Regulations 1994 are amended in accordance with the following regulations.
Amendment of regulation 2
3
In regulation 2(1) (interpretation), —
a
insert in the appropriate places —
“pension fund holder” means with respect to a personal pension scheme or retirement annuity contract, the trustees, managers or scheme administrators, as the case may be, of the scheme or contract concerned;
; and
“retirement annuity contract” means a contract or trust scheme approved under Chapter III of Part XIV of the Income and Corporation Taxes Act 1988;
; and
b
in the definition of “personal pension scheme”, for“section 191 of the Social Security Administration Act 1992”, substitute “section 1 of the Pension Schemes Act 1993” .
Amendment of regulation 5
4
In regulation 5 (remunerative work), —
a
in paragraph (2), at the beginning insert “Subject to paragraph (2A),”; and
b
after paragraph (2), insert —
2A
Where, for the purposes of paragraph (2)(a), a person’s recognisable cycle of work at a school, other educational establishment or other place of employment is one year and includes periods of school holidays or similar vacations during which he does not work, those periods and any other periods not forming part of such holidays or vacations during which he is not required to work shall be disregarded in establishing the average hours for which he is engaged in work.
.
Amendment of regulation 10
5
In regulation 10 (reduction in amount of grant) —
a
in sub-paragraph (1)(a), for “17.23” substitute“17.93”;
b
in sub-paragraph (1)(b), for “34.46” substitute“35.86”;
c
in sub-paragraph (1)(c), for “137.84” substitute“143.43”;
d
in sub-paragraph (1)(d), for “344.61” substitute“358.56”;
e
in sub-paragraph (2)(a), for “10.34” substitute“10.59”;
f
in sub-paragraph (2)(b), for “20.69” substitute“21.18”;
g
in sub-paragraph (2)(c), for “82.76” substitute“84.73”; and
h
in sub-paragraph (2)(d), for “206.89” substitute“211.83”.
Amendment of regulation 16A
6
In regulation 16A(4) (treatment of child care charges), in the definition of “relevant child care charges”, —
a
after the word “education”, insert “or charges paid by a relevant person to a partner or by a partner to a relevant person in respect of any child for whom either or any of them is responsible in accordance with regulation 6 (circumstances in which a person is to be treated as responsible or not responsible for another)”;
b
at the end of sub-paragraph (b), omit “or”; and
c
at the end of sub-paragraph (c) add —
; or
d
in schools or establishments which are exempted from registration under section 71 of the Children Act 1989 by virtue of section 71(16) of, and paragraph 3 or 4 of Schedule 9 to, that Act,
.
Amendment of regulation 24
7
In regulation 24 (determination of net profit of self-employed earners), —
a
for paragraph (8)(b)(i), substitute —
i
the excess of any value added tax paid by the relevant person in respect of taxable supplies made to him, over any such tax received by him in respect of taxable supplies made by him, calculated with reference to the assessment period;
; and
b
from paragraph 11, omit the definition of “retirement annuity contract”.
Amendment of regulation 28
8
In regulation 28 (notional income), —
a
in paragraph (2), for the words “Except in the case” to“personal injury,”, substitute —
Except in the case of —
a
a discretionary trust;
b
a trust derived from a payment made in consequence of a personal injury; or
b
a personal pension scheme or retirement annuity contract where the relevant person is aged under 60,
;
b
after paragraph (2), insert —
2A
Where a person, aged not less than 60, is a member of, or a person deriving entitlement to a pension under, a personal pension scheme, or is a party to, or a person deriving entitlement to a pension under, a retirement annuity contract, and —
a
in the case of a personal pension scheme, he fails to purchase an annuity with the funds available in that scheme where —
i
he defers, in whole or in part, the payment of any income which would have been payable to him by his pension fund holder;
ii
he fails to take any necessary action to secure that the whole of any income which would be payable to him by his pension fund holder upon his applying for it, is so paid; or
iii
income withdrawal is not available to him under that scheme; or
b
in the case of a retirement annuity contract, he fails to purchase an annuity with the funds available under that contract,
the amount of any income foregone shall be treated as possessed by him, but only from the date on which it could be expected to be acquired were an application for it to be made.
2B
The amount of any income foregone in a case to which either paragraph (2A)(a)(i) or (ii) applies shall be the maximum amount of income which may be withdrawn from the fund.
2C
The amount of any income foregone in a case to which either paragraph (2A)(a)(iii) or sub-paragraph (2A)(b) applies shall be the income that the relevant person could have received without purchasing an annuity had the funds held under the relevant personal pension scheme or retirement annuity contract been held under a personal pension scheme where income withdrawal was available.
; and
c
in paragraph (4), —
i
for “voluntary body”, substitute “voluntary organisation”; and
ii
after “reasonable for him”, insert “in any of those cases”.
Amendment of regulation 32
9
In regulation 32(5) (income treated as capital: advance of earnings or loan by employer), insert at the end “except insofar as the advance or loan is spent; and thereupon the advance or loan, so far as it is spent, shall not be treated as income”.
Amendment of regulation 35
10
In regulation 35(2) (notional capital), after sub-paragraph (c), insert
; or
d
a personal pension scheme or retirement annuity contract,
.
Amendment of regulation 36
11
In regulation 36 (capital jointly held), for the words “to the whole beneficial interest” to the end, substitute —
to an equal share of the whole beneficial interest therein; and the value of that equal share shall be calculated by taking the value of the whole beneficial interest calculated in accordance with the foregoing provisions of this Chapter, as though —
a
that interest is solely owned by the relevant person; and
b
in the case of a dwelling, none of the other joint owners occupies the dwelling concerned,
and dividing the same by the number of persons who have a beneficial interest in the capital in question.
.
Amendment of regulation 38
12
In regulation 38 (interpretation), —
a
in the definition of “contribution”, after the second occurrence of “contribution”, insert “(including one which is not paid)”; and
b
from the definition of “student”, omit “throughout any period of term or vacation within it,”.
Amendment of regulation 40
13
In regulation 40(2) (determination of grant income: payments to meet the costs of books and equipment which is not special equipment), —
a
delete sub-paragraph (b); and
b
in sub-paragraph (g) —
i
delete “(other than special equipment referred to in sub-paragraph (b))”; and
ii
for “£276”, substitute “£278”.
Amendment of Schedule l
14
In Schedule 1 (applicable amounts), —
a
for paragraph l substitute —
1
The amounts specified in column (2) below in respect of each person or couple specified in column (1) shall be the amounts specified for the purposes of regulations 12(a) and 13(a) and (b) —
(1) (2) Person or couple Amount
(1) Single person aged — (1) (a) less than 25 (a) £37.90; (b) not less than 25 (b) £47.90. (2) Lone parent aged — (2) (a) less than 18 (a) £37.90; (b) not less than 18 (b) £47.90. (3) Couple — (3) (a) where both members are aged less than 18 (a) £57.20; (b) where at least one member is aged not less than 18 (b) £75.20.
;
b
for paragraph 2 substitute —
2
The amounts specified in column (2) below in respect of each person specified in column (1) shall be the amounts specified for the purposes of regulations 12(b) and 13(c) —
(1) (2) Child or Young Person Amount
Person aged — (a) less than 11 (a) £16.45; (b) not less than 11 but less than 16 (b) £24.10; (c) not less than 16 but less than 18 (c) £28.85; (d) not less than 18 (d) £37.90.
;
c
in paragraph 3 , for “£10.25” substitute“£10.55”;
d
in paragraph 12(1)(a)(iii) , after “the 1992 Act”, insert “or otherwise abated as a consequence of the relevant person or his partner being a person (other than a person who is serving a sentence of imprisonment or detention in a youth custody institution) who is regarded as receiving free in-patient treatment within the meaning of regulation 2(2) of the Social Security (Hospital In-Patients) Regulations 1975”;
e
in paragraph 12(1)(b)(i) , for “is incapable of work”; substitute “is, or is treated as, incapable of work”; and
f
for Part IV substitute —
PART IV
AMOUNTS OF PREMIUMS SPECIFIED IN PART III
Premium Amount
18. — (1) Lone parent premium (1) £11.50. (2) Pensioner premium for persons aged under 75 — (2) (a) where the relevant person satisfies the condition in paragraph 8(a) (a) £19.15; (b) where the relevant person satisfies the condition in paragraph 8(b) (b) £28.90. (3) Pensioner premium for persons aged 75 and over — (3) (a) where the relevant person satisfies the condition in paragraph 9(a) (a) £21.30; (b) where the relevant person satisfies the condition in paragraph 9(b) (b) £31.90. (4) Higher pensioner premium — (4) (a) where the relevant person satisfies the condition in paragraph 10(1)(a) or (b) (a) £25.90; (b) where the relevant person satisfies the condition in paragraph 10(2)(a) or (b) (b) £37.05. (5) Disability premium — (5) (a) where the relevant person satisfies the condition in paragraph 11(a) (a) £20.40; (b) where the relevant person satisfies the condition in paragraph 11(b) (b) £29.15. (6) Severe disability premium — (6) (a) where the relevant person satisfies the condition in paragraph 13(2)(a) (a) £36.40; (b) where the relevant person satisfies the condition in paragraph 13(2)(b) — (b) (i) in a case where there is someone in receipt of an invalid care allowance (i) £36.40; (ii) in a case where there is no-one in receipt of such an allowance (ii) £72.80. (7) Disabled child premium (7) £20.40 for each child or young person for whom the condition specified in paragraph 14 is satisfied. (8) Carer premium (8) £13.00 for each person who satisfies the condition specified in paragraph 15.
.
Amendment of Schedule 3
15
In Schedule 3 (sums to be disregarded in the determination of income other than earnings), —
a
in paragraph 2(a), for “voluntary body”, substitute“voluntary organisation”;
b
omit paragraph 12;
c
for paragraph 14 , substitute —
14
Subject to paragraph 32, £10 of any of the following, namely —
a
a war disablement pension (except insofar as such a pension falls to be disregarded under paragraph 7 or 8);
b
a war widow’s pension;
c
a pension payable to a person as a widow under the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 insofar as that Order is made under the Naval and Marine Pay and Pensions Act 186 or the Pensions and Yeomanry Pay Act 1884 , or is made only under section 12(1) of the Social Security (Miscellaneous Provisions) Act 1977 and any power of Her Majesty otherwise than under an enactment to make provision about pensions for or in respect of persons who have been disabled or have died in consequence of service as members of the armed forces of the Crown;
d
a payment made to compensate for the non-payment of such a pension as is mentioned in any of the preceding sub-paragraphs;
e
a pension paid by the government of a country outside Great Britain which is analogous to any of the pensions mentioned in sub-paragraphs (a) to (c) above;
f
a pension paid to victims of National Socialist persecution under any special provision made by the law of the Federal Republic of Germany, or any part of it, or of the Republic of Austria.
;
d
in paragraph 51, —
i
after “1992 Act”, insert “or pension under the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983” ; and
ii
after “that Act”, insert “or the rate of that pension under that Order”; and
e
after paragraph 54 , add —
55
Where the relevant person is entitled to the allowance under regulation 51(1)(bb) of the Disability Working Allowance (General) Regulations 1991 (which applies in respect of a person who works for not less than 30 hours a week), any amount of disability working allowance up to the amount specified in Column (2) against paragraph 2A of Schedule 5 to those Regulations.
56
Where the relevant person is entitled to the credit under regulation 46(1)(aa) of the Family Credit (General) Regulations 1987 (which applies in respect of a person who works for not less than 30 hours a week), any amount of family credit up to the amount specified in Column (2) against paragraph 1A of Schedule 4 to those Regulations.
.
Amendment of Schedule 4
16
In Schedule 4 (capital to be disregarded), —
a
for paragraph 7 substitute —
7
Any future interest in property of any kind, other than land or premises in respect of which the claimant has granted a subsisting lease or tenancy, including sub-leases or sub-tenancies.
;
b
after paragraph 29 insert —
29A
The value of any funds held under a personal pension scheme or retirement annuity contract.
; and
c
in paragraph 30, at the end add “except where the relevant person has a reversionary interest in the property in respect of which rent is due.”.
Application
17
These Regulations shall not have effect in relation to applications for grant made before these Regulations come into force.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
9th May 1996
William Hague
Secretary of State for Wales
10th May 1996
We consent,
Liam Fox
Bowen Wells
Two of the Lords Commissioners of Her Majesty’s Treasury
15th May 1996


text:
Commencement and citation
1
This Order may be cited as The A12 Trunk Road (Redbridge) (No. 1) Red Route Traffic Order 1996, and shall come into force on 1st July 1996.
Interpretation
2
In this Order —
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986, and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route” means the lengths of road specified in column 2 of the table in schedule 1;
f
“vehicle” includes part of a vehicle; and
g
an entry in column (3) , (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule.
General prohibition of stopping
3
1
Subject to the provisions of paragraphs (2) and (3) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop in the trunk road red route during the restricted hours.
2
Subject to the provisions of paragraph (3) of this article, and of articles 5(1), 8 and 9, no person shall cause any vehicle to stop at any time in any lengths of the trunk road red route specified in schedule 4.
3
The controls specified in paragraphs (1) and (2) of this article do not apply in respect of any area of the trunk road red route specified in schedule 2A.
4
In this article “the restricted hours” means, in relation to a length of the trunk road red route specified in an item in column (2) of the table in schedule 1, the hours specified in that item in column (3) of that table.
Exemptions for parking
4
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
Miscellaneous exemptions for parking
5
1
Licensed taxi cabs: The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to be parked at the edge of the carriageway on a length of road specified in schedule 2D.
2
Coaches: The controls specified in article 3(1) do not apply in respect of a person causing a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver) or a local bus (as defined in article 8(4)) not so constructed or adapted, to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2E during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
3
Doctors' vehicles: The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2F during the hours specified in column (3) in that item, provided that —
a
there is displayed in the windscreen of the vehicle a badge issued by, or with the authority of, the Traffic Director for London to a medical practitioner, and which specifies —
i
the name of the person to whom it was issued, and
ii
the premises in relation to which it applies; and
b
the vehicle was parked by, or with the permission of, the person whose name is specified on the badge and for so long only as the person who parked the vehicle is engaged in work at the premises specified on the badge.
4
Solo motor bicycles: The controls specified in article 3(1) do not apply in respect of a person causing a motor bicycle without a side-car to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2G during the hours specified in column (3) in that item.
Exemptions for loading and unloading
6
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which is being loaded or unloaded to stop at the edge of the carriageway on a length of road specified in an item in column (2) of the tables in schedules 3A and 3B during the hours specified in column (3) in that item for as long as is needed to load or unload the vehicle or 20 minutes, whichever is the less, provided that not less than 20 minutes has elapsed since the vehicle was last parked on any part of the same length of road.
Exemptions for disabled persons
7
1
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item.
2
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2C during the hours specified in column (3) in that item.
3
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which displays a disabled person’s badge in the relevant position, and a parking disc on which is shown the time at which the period of parking began, to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item, for a period of up to 3 hours not being a period separated by an interval of less than 1 hour from a previous period when that vehicle was parked in that length of road.
Exemptions at bus stops and stands
8
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to which this article applies to stop at a bus stop (being an area of road bounded by a traffic sign which includes the words “bus stop”) for so long only as may be required to enable passengers to get on or off the vehicle or, in the case of a vehicle being used to provide a local service, for so long only as may be required for a change of crew.
2
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used to provide a local service to stop at a bus stop stand (being an area of road bounded by a traffic sign which includes the words “bus stand”) for so long only as may be required for timetabling reasons.
3
This article applies —
a
before 1 January 1997 to
i
a public service vehicle used for the provision of a local service or a scheduled express service,
ii
a school bus, and
iii
a works bus; and
b
after 31 December 1996 to
i
a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver), and
ii
a local bus not so constructed or adapted.
4
In this article “local bus”, “local service”, “scheduled express service”, “school bus” and “works bus” have the meanings given to those expressions in regulation 4 of the Traffic Signs Regulations and General Directions 1994 .
Other exemptions
9
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to stop if that person is —
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) and (2) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) and (2) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Revocation or variation of existing Orders
10
1
The A12 Trunk Road (Redbridge) (No. 1) Red Route Experimental Traffic Order 1995 ( S.I. 1995 No. 1692 ) and The London Borough of Redbridge Waiting and Loading Restriction Consolidation Order 1993 (TMO 1993/LBR No. 3) are hereby revoked, in so far as their provisions relate to any part of the trunk road red route.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
21st June 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as The King’s Mill Centre for Health Care Services National Health Service Trust (Transfer of Trust Property) Order 1996 and shall come into force on 8th February 1996.
2
In this Order —
“the Authority” means the North Nottinghamshire Health Authority;
“the Trust” means The King’s Mill Centre for Health Care Services National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 18th July 1995, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 8th February 1996 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State,
Department of Health
10th January 1996


text:
Citation and commencement
1
These Regulations may be cited as the Vehicle Excise Duty (Fee for Temporary Licences) Regulations 1996 and shall come into force on 2nd September 1996.
Change of fee
2
The sum of £2.35 is hereby prescribed in substitution for the sum of £2 specified in section 9(3) (fee payable for temporary licence issued by an agent of the Secretary of State) of the Vehicle Excise and Registration Act 1994.
Signed by authority of the Secretary of State for Transport
John Bowis
Parliamentary Under Secretary of State,
Department of Transport
31st July 1996


text:
Title and commencement
1
This Order may be cited as the Bovine Spongiform Encephalopathy (Amendment) Order 1996 and shall come into force on 24th September 1996.
Amendment to the Bovine Spongiform Encephalopathy Order 1996
2
1
The Bovine Spongiform Encephalopathy Order 1996 shall be amended in accordance with this article.
2
In article 4(1), the definition of “rendering” shall be replaced by the following —
“rendering” means subjecting any material at a rendering, fishmeal or other plant to any of the systems of treatment or procedures mentioned in Schedule 4 to the Animal By-Products Order 1992 ;
.
3
Article 13(2) shall be replaced by the following —
2
Subject to paragraph (6) below, no person shall undertake any production using any mammalian meat and bone meal or any MBM product on premises where any feeding stuff for livestock is produced, and no person shall sell any mammalian meat and bone meal or MBM product there, unless (in each case) —
a
the ingredients of the feeding stuff for livestock are stored, and the feeding stuff is produced, in a separate building from that in which any mammalian meat and bone meal or MBM product is stored, used or sold;
b
(except as provided by sub-paragraph (d) below) all feeding stuff for livestock is stored in a separate building from that in which any mammalian meat and bone meal or MBM product is stored, used or sold;
c
no equipment or vehicle used in the production of the feeding stuff for livestock comes into contact with any mammalian meat and bone meal, any MBM product of any ingredient or equipment used with mammalian meat and bone meal or an MBM product; and
d
where mammalian meat and bone meal or an MBM product is sold, any feeding stuff for livestock stored in the same building as the mammalian meat and bone meal or MBM product is stored there solely for the purpose of being sold in that building and either —
i
the mammalian meat and bone meal or MBM product is stored in a place which is physically separated from any place where the feeding stuff for livestock is stored; or
ii
both the feeding stuff for livestock and the mammalian meat and bone meal or MBM product are securely packaged with no spillage or leakage taking place.
.
4
In article 13(3)(b), after the word “produced”, the words “except as permitted under paragraph (2) above” shall be inserted.
5
In article 13(3)(c), after the word “produced”, the words “and no livestock are kept” shall be inserted.
6
In article 15(1), after the word “found”, the words “in contravention of Article 13(3) or (4) above” shall be inserted.
7
In article 16, after paragraph (6), the following paragraph shall be inserted —
7
No person shall be required to keep any record relating to the consignment or transport of mammalian meat and bone meal otherwise required by any of paragraphs (1) to (5) above where the consignment or transport follows the retail sale of the meal, and no person receiving a consignment for the purpose of selling it by retail shall be required to keep any record otherwise required by paragraph (2) or (3) above, provided that in either case —
a
the meal is contained in sealed packages each weighing not more than 26 kilogrammes;
b
the packages containing the meal are presented as containing a fertiliser solely for use permitted under the Fertilisers (Mammalian Meat and Bone Meal) Regulations 1996 ; and
c
(in the case of a consignment by retail sale) the consignment consists of not more than 104 kilogrammes of meal.
.
Douglas Hogg
Minister of Agriculture, Fisheries and Food
22nd September 1996
Lindsay
Parliamentary Under Secretary of State,
Scottish Office
23rd September 1996
Signed by authority of the Secretary of State for Wales
Jonathan Evans
Parliamentary Under Secretary of State,
Welsh Office
23rd September 1996


text:
Commencement and citation
1
This Order may be cited as The A2 Trunk Road (Bexley) Red Route Traffic Order 1996, and shall come into force on 1st November 1996.
Interpretation
2
In this Order–
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route” means the lengths of road specified in column 2 of the table in schedule 1;
f
“vehicle” includes part of a vehicle; and
g
an entry in column (3), (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule.
General prohibition of stopping
3
1
Subject to the provisions of paragraphs (2) and (3) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop in the trunk road red route during the restricted hours.
2
Subject to the provisions of paragraph (3) of this article, and of articles 5(1), 6, 8 and 9, no person shall cause any vehicle to stop at any time in any lengths of the trunk road red route specified in schedule 4.
3
The controls specified in paragraphs (1) and (2) of this article do not apply in respect of any area of the trunk road red route specified in schedule 2A.
4
In this article “the restricted hours” means, in relation to a length of the trunk road red route specified in an item in column (2) of the table in schedule 1, the hours specified in that item in column (3) of that table.
Exemptions for parking
4
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
Miscellaneous exemptions for parking
5
1
Licensed taxi cabs: The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to be parked at the edge of the carriageway on a length of road specified in schedule 2D.
2
Coaches: The controls specified in article 3(1) do not apply in respect of a person causing a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver) or a local bus (as defined in article 8(4)) not so constructed or adapted, to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2E during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
3
Doctors' vehicles: The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2F during the hours specified in column (3) in that item, provided that —
a
there is displayed in the windscreen of the vehicle a badge issued by, or with the authority of, the Traffic Director for London to a medical practitioner, and which specifies —
i
the name of the person to whom it was issued, and
ii
the premises in relation to which it applies; and
b
the vehicle was parked by, or with the permission of, the person whose name is specified on the badge and for so long only as the person who parked the vehicle is engaged in work at the premises specified on the badge.
4
Solo motor bicycles: The controls specified in article 3(1) do not apply in respect of a person causing a motor bicycle without a side-car to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2G during the hours specified in column (3) in that item.
Exemptions for loading and unloading
6
The controls specified in article 3(1) and 3(2) do not apply in respect of a person causing a vehicle which is being loaded or unloaded to stop at the edge of the carriageway on a length of road specified in an item in column (2) of the tables in schedules 3A and 3B during the hours specified in column (3) in that item for as long as is needed to load or unload the vehicle or 20 minutes, whichever is the less, provided that not less than 20 minutes has elapsed since the vehicle was last parked on any part of the same length of road.
Exemptions for disabled persons
7
1
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item.
2
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2C during the hours specified in column (3) in that item.
3
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which displays a disabled person’s badge in the relevant position, and a parking disc on which is shown the time at which the period of parking began, to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item, for a period of up to 3 hours not being a period separated by an interval of less than 1 hour from a previous period when that vehicle was parked in that length of road.
Exemptions at bus stops and stands
8
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to which this article applies to stop at a bus stop (being an area of road bounded by a traffic sign which includes the words “bus stop”) for so long only as may be required to enable passengers to get on or off the vehicle or, in the case of a vehicle being used to provide a local service, for so long only as may be required for a change of crew.
2
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used to provide a local service to stop at a bus stand (being an area of road bounded by a traffic sign which includes the words “bus stand”) for so long only as may be required for timetabling reasons.
3
This article applies —
a
before 1st January 1997 to
i
a public service vehicle used for the provision of a local service or a scheduled express service,
ii
a school bus, and
iii
a works bus; and
b
after 31st December 1996 to
i
a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver), and
ii
a local bus not so constructed or adapted.
4
In this article “local bus”, “local service”, “scheduled express service”, “school bus” and “works bus” have the meanings given to those expressions in regulation 4 of the Traffic Signs Regulations and General Directions 1994 .
Other exemptions
9
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to stop if that person is —
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) and (2) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) and (2) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Revocation of existing Orders
10
1
The Bexley (Waiting and Loading Restriction) Order 1991 is hereby revoked, in so far as its provisions relate to any part of the trunk road red route.
2
The A2 Trunk Road (Bexley) Red Route Experimental Order 1995 is hereby revoked.
TRO206
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
28th October 1996


text:
1
This Instrument may be cited as the City of Salford (Pomona Bridge) Scheme 1995 Confirmation Instrument 1996 and shall come into force on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
2
The City of Salford (Pomona Bridge) Scheme 1995 (“the scheme”) is hereby confirmed with modifications.
3
The said scheme as confirmed is set out in the Schedule hereto and copies of the scheme with its accompanying plan are deposited at the offices of the Department of Transport, Great Minster House, 76 Marsham Street, London SW1P 4DR, and at the offices of the City Secretary, Salford City Council, Civic Centre, Chorley Road, Swinton, Manchester M27 5DA.
Signed by authority of the Secretary of State for Transport
Pamela Denham
Regional Director Government Office for the North East
4th July 1996


text:
Citation and commencement
1
These Regulations may be cited as the Disability Working Allowance and Family Credit (General) Amendment Regulations 1996 and shall come into force on 7th January 1997.
Amendments to the Disability Working Allowance (General) Regulations 1991
2
1
The Disability Working Allowance (General) Regulations 1991 shall be amended in accordance with the following paragraphs.
2
In regulation 2(1) (interpretation) after the definition of “payment” the following definition shall be inserted —
“pay period” means the period in respect of which a claimant is, or expects to be normally paid by his employer, being a week, a fortnight, four weeks, a month or other shorter or longer period, as the case may be;
.
3
In regulation 16 (normal weekly earnings of employed earners) —
a
in paragraph (1) for the words from “by reference to” to the end of the paragraph, there shall be substituted the words “by taking account of his earnings from that employment which are received in the assessment period relevant to his case, whether the amount so received was earned in respect of that period or not, and in accordance with the following provisions of this regulation.”;
b
in paragraphs (2) to (5) and (8) for the words “reference to” there shall be substituted the words “taking account of”.
4
In regulation 18 (normal weekly income other than earnings) in paragraphs (1), (2), and (2A) for the words “reference to” each time they are used there shall be substituted the words “taking account of”.
5
In regulation 20(1) (calculation of weekly amount of income) for the words from “For the purposes of” to “payment is made — ” there shall be substituted the words “For the purposes of regulations 16 (normal weekly earnings of employed earners) and 18 (normal weekly income other than earnings), where the claimant’s pay period or, as the case may be, the period in respect of which a payment is made — ”.
Amendments to the Family Credit (General) Regulations 1987
3
1
The Family Credit (General) Regulations 1987 shall be amended in accordance with the following paragraphs.
2
In regulation 14 (normal weekly earnings of employed earners) —
a
in paragraph (1) for the words from “by reference to” to the end of the paragraph, there shall be substituted the words “by taking account of his earnings from that employment which are received in the assessment period relevant to his case, whether the amount so received was earned in respect of that period or not, and in accordance with the following provisions of this regulation.”;
b
in paragraph (2A) for the words “reference to his earnings” there shall be substituted the words “taking account of his earnings received”;
c
in paragraph (6) for the words “reference to” there shall be substituted the words “taking account of”.
3
In regulation 14A (normal weekly earnings of directors) —
a
in paragraph (1) for the words from “by reference to” to the end of the paragraph, there shall be substituted the words “by taking account of his earnings from that employment received in the year immediately preceding the week of claim, whether the amount so received was earned in respect of that period or not.”;
b
in paragraph (2) for the words from “determined by reference to” to “in that employment” there shall be substituted the words “determined by taking account of his earnings from that employment received in the period that he has been in that employment”.
4
In regulation 18(1) (calculation of weekly amount of income) for the words from “For the purposes of” to “payment is made — ” there shall be substituted the words “For the purposes of regulation 14 (normal weekly earnings of employed earners) and 16 (normal weekly income other than income other than earnings), where the claimant’s pay period or, as the case may be, the period in respect of which a payment is made — ”.
5
In regulation 20 (calculation of net earnings of employed earners) —
a
in paragraph (1) for the words from “earnings derived from, or” to “to his case, or,” there shall be substituted the words “earnings and”;
b
in paragraph (3) the words “over the assessment period” shall be omitted.
6
In regulation 20ZA(1) (calculation of net earnings of directors) the words from “derived from”, the first time they are used, to “to his case,” shall be omitted.
7
In regulation 23(2) (deduction of tax and contributions for self-employed earners) —
a
the words “the total of” shall be omitted;
b
in sub-paragraph (a) —
i
for the words from “the amount of” to the words “at the date of claim” there shall be substituted the words “an amount in respect of Class 2 contributions calculated by multiplying the weekly rate of such contributions applicable at the date of claim by virtue of section 11(1) or, as the case may be, (3) of the Contributions and Benefits Act by the number of days in the assessment period and dividing the product by 7,”; and
ii
forn the words “section 7(5)” there shall be substituted the words “section 11(4)”;
c
in sub-paragraph (b) for the words “section 9(2)” there shall be substituted the words “section 15(3)”.
Signed by authority of the Secretary of State for Social Security
Roger Evans
Parliamentary Under-Secretary of State,
Department of Social Security
11th December 1996


text:
1
This Order may be cited as the Export of Goods (Control) (Amendment No. 2) Order 1996 and shall come into force on 1st November 1996.
2
The Export of Goods (Control) Order 1994 is amended as follows:
a
the following definitions in article 1(2) are revoked:
“basic scientific research”;
“development”;
“document”;
“isolated live cultures”;
“microorganisms”;
“microprogramme”;
“production”;
“programme”;
“software”;
“technology”;
“toxins”;
“use”;
b
in the definition of “vessel” in article 1(2), “small waterplane area vessel and” is replaced by “vessel of small waterplane area or”;
c
in article 1(3), the word “and” at the end of subparagraph (a) is revoked and the following is added after the end of subparagraph (b):
and;
c
references to goods specified, or of a description specified, in Part III of Schedule 1 do not include goods brought within the effect of this Order by regulation 14 of the Dual-Use and Related Goods (Export Control) Regulations 1995
;
d
in article 3(b) and in paragraph 1(ii) of article 3B , the words “Group 1 of” are revoked;
e
in paragraph 1 of article 3B, the words “or goods to which Part II of Schedule 1 hereto applies” are revoked;
f
paragraph 1 in Group 1 of Part I of Schedule 1 is revoked;
g
Part II of Schedule 1 is revoked; and
h
Part III of Schedule 1 is replaced by the Part set out in Schedule 1 to this Order.
3
The orders and provisions set out in Schedule 2 to these Regulations are revoked.
Andrew Mantle
An official of the
Department of Trade and Industry authorised to act on behalf of the Secretary of State
18th October 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Northumbrian and North East Water (Amendment of Local Enactments Etc.) Order 1996 and shall come into force on 1st April 1996.
2
In this Order —
“Northumbrian” means Northumbrian Water Limited; and
“North East” means North East Water Plc.
Amendment of references in local statutory provisions etc.
2
1
Any reference to North East, or to the undertaking of North East, in any local statutory provision and in any charges scheme made by North East under section 76 of the Water Act 1989 or section 143 of the Water Industry Act 1991 shall have effect, subject to paragraph (2), as a reference to Northumbrian or, as the case may be, to the undertaking of Northumbrian.
2
Paragraph (1) shall only apply to any local statutory provision or charges scheme in relation to the area, things or persons in relation to which or whom that provision or scheme has effect before 1st April 1996.
Repeal of local statutory provisions
3
The orders referred to in the Schedule to this Order are revoked to the extent indicated in that Schedule.
Signed by authority of the Secretary of State.
Neil Summerton
An Under Secretary in the
Department of the Environment
15th March 1996


text:
1
1
These Regulations may be cited as the Dual-Use and Related Goods (Export Control) (Amendment No. 2) Regulations 1996 and shall come into force on 1st August 1996.
2
In these Regulations, “the principal Regulations ” means the Dual-Use and Related Goods (Export Control) Regulations 1995 .
2
1
Regulations 1(3), 3(1)(a), (2)(b)(ii) and (5) and 14(2)(b) of the principal Regulations shall have effect as if Schedule 1 to the principal Regulations were amended as provided in the Schedule hereto.
2
Regulation 3(1)(b) of the principal Regulations shall have effect as if Schedule 2 to the principal Regulations were amended by leaving out entry 4A003.b.
3
1
In entry 1E950 of Schedule 3 to the principal Regulations, for the word “equipment” there shall be substituted the word “mixtures”.
2
At the end of entry 5A990 of Schedule 3 to the principal Regulations, there shall be added the words “and specially designed components therefor.”
4
Part III of Schedule 1 to the Export of Goods (Control) Order 1994 shall have effect as if for Groups 2 and 3 there were substituted Schedules 1 and 3 to the principal Regulations, both amended as aforesaid.
Phillip Oppenheim,
Parliamentary Under Secretary of State for Company Affairs,
Department of Trade and Industry
4th July 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Worthing and Southlands Hospitals National Health Service Trust (Transfer of Trust Property) Order 1996 and shall come into force on 23rd February 1996.
2
In this Order —
“the Trust” means the Worthing and Southlands Hospitals National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Worthing District Health Authority and the Trust on 7th December 1994, which schedule has been signed on behalf of both that Authority and the Trust.
Transfer of trust property
2
On 23rd February 1996 the trust property shall be transferred from the West Sussex Health Authority to the Trust.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State
Department of Health
24th January 1996


text:
Title and commencement
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Radioactivity in Sheep) (England) (Partial Revocation) Order 1996 and shall come into force on 17th January 1996.
Partial Revocation
2
1
The Food Protection (Emergency Prohibitions) (Radioactivity in Sheep) (England) Order 1991 is hereby revoked so far as it designates any part of the area set out in Part I of the Schedule to this Order.
2
In consequence of that revocation the designated area for the purposes of that Order is that area set out in Part II of the Schedule to this Order.
Angela Browning
Parliamentary Secretary Ministry of Agriculture, Fisheries and Food
16th January 1996


text:
Citation, commencement and interpretation
1
1
This Scheme may be cited as the Workmen’s Compensation (Supplementation) (Amendment) Scheme 1996 and shall come into force on 10th April 1996.
2
In this Scheme —
“the operative date” means 10th April 1996;
“the principal Scheme” means the Workmen’s Compensation (Supplementation) Scheme 1982 ; and
“lesser incapacity allowance” means the allowance payable in accordance with article 5 of the principal Scheme.
Amendment of article 5 of the principal Scheme
2
Paragraph (2) of article 5 of the principal Scheme shall be amended by substituting for the words “12th April 1995” the words “10th April 1996”.
Substitution of Schedule 1 to the principal Scheme
3
For Schedule 1 to the principal Scheme (table of rates of lesser incapacity allowance for beneficiaries to whom article 5(2) applies and table of loss of earnings and corresponding rate of lesser incapacity allowance) there shall be substituted the Schedule set out in the Schedule to this Scheme.
Transitional provision relating to amount of allowance payable
4
1
Paragraph (2) of this article shall apply to a beneficiary who was, before the operative date, in receipt of a lesser incapacity allowance but in respect of whom the final calculation of loss of earnings required by article 7(2) of the principal Scheme had not been made by that date.
2
In such a case as is referred to in paragraph (1) above the beneficiary shall be treated as entitled, from the operative date, to an allowance at the rate to which he would have been entitled had the final calculation been made before the operative date.
Transitional provision relating to claims not made, or made but not determined, before the operative date
5
1
Paragraph (2) of this article shall apply to a person whose claim for lesser incapacity allowance —
a
was not made before the operative date and who is awarded such allowance for a period after the operative date at one of the rates shown in the second column of Part II of Schedule 1 to the principal Scheme as it will have effect after the operative date; or
b
was made but not determined before the operative date.
2
Any lesser incapacity allowance which is found to be payable to a person mentioned in paragraph (1) in respect of a period before the operative date shall be paid at the rate which would have been payable in respect of that period had the amendment to the principal Scheme made by article 3 of this Scheme not been made.
Transitional provision relating to review and appeal
6
Where a lesser incapacity allowance has been awarded to a person under the principal Scheme before the operative date and a question arises as to the weekly rate of allowance payable in consequence of this Scheme, the case shall be reviewed by the adjudication officer in the light of the amendments made by, and transitional provisions contained in, this Scheme and the allowance shall continue to be payable at the weekly rate specified in the award until the question has been determined in accordance with the provisions of the principal Scheme.
Signed by authority of the Secretary of State for Social Security.
Roger Evans
Parliamentary Under-Secretary of State,
Department of Social Security
29th February 1996
We consent,
Simon Burns
Michael Bates
Two of the Lords Commissioners of Her Majesty’s Treasury
6th March 1996


text:
1
This Order may be cited as the A501 Trunk Road (Marylebone Road/Glentworth Street, Westminster) (Temporary Prohibition of Traffic) Order 1996 and shall come into force on the 13th May 1996.
2
This Order is made because the Traffic Director for London is satisfied that traffic in Marylebone Road, Westminster should be restricted because works are being or are proposed to be executed on or near that road.
3
During the period starting at 08.00 hours on 13th May 1996 and ending when those works have been completed or at 08.00 hours on 13th August 1996, whichever is the earlier, subject to the provisions of article 4 below, no person shall cause or permit any vehicle to enter or exit Marylebone Road from Glentworth Street.
4
1
The provisions of article 3 above shall apply only during such times and to such extent as may from time to time be indicated by traffic signs.
2
The provisions specified in article 3 above shall not apply in respect of —
i
any vehicle being used for the purpose of those works, or for fire brigade, ambulance or police purpose, or
ii
anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
5
During the period specified in article 3 above, the provisions of the Westminster (Waiting and Loading Restriction) Order 1976 are hereby suspended so far as they relate to any roads or lengths of road specified in this Order.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
3rd May 1996


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Beef (Emergency Control) Order 1996 and shall come into force on 29th March 1996.
2
In this Order “meat” means any part of an animal that is suitable for human consumption.
Prohibition of sale of meat from older bovine animals
2
No person shall sell for human consumption any meat derived from a bovine animal slaughtered after the commencement of this Order which, at the time of slaughter, showed signs of more than one pair of permanent incisors.
Enforcement
3
This Order shall be enforced and executed by the Minister of Agriculture, Fisheries and Food in relation to England and by the Secretary of State in relation to Scotland and Wales.
Application of various sections of the Act
4
The following provisions of the Act shall apply for the purposes of this Order as they apply for the purposes of the Act, and, unless the context otherwise requires, any reference in them to the Act shall be construed as a reference to the Order —
a
section 2 (extended meaning of “sale” etc. );
b
section 3 (presumptions that food is intended for sale for human consumption);
c
section 20 (offences due to fault of another person);
d
section 21 (defence of due diligence);
e
section 33 (obstruction etc. of officers);
f
section 36 (offences by bodies corporate), subject to the modification that a reference to a body corporate includes a Scottish partnership and a reference to a director includes a partner in a Scottish partnership; and
g
section 44 (protection of officers acting in good faith).
Tony Baldry
Minister of State, Ministry of Agriculture, Fisheries and Food
28th March 1996


text:
Citation, commencement and interpretation
1
1
These Rules may be cited as the Rules of Procedure (Air Force) (Amendment) Rules 1996 and shall come into force on 1st July 1996.
2
In these Rules “the principal Rules ” means the Rules of Procedure (Air Force) 1972 .
Amendment of the principal Rules
2
The principal Rules shall be amended in accordance with the Schedule to these Rules.
Nicholas Soames
Minister of State for the Armed Forces
24th May 1996


text:
PART 1
GENERAL
Citation and Commencement
1
These Regulations may be cited as the Local Government Changes for England (Education) (Miscellaneous Provisions) Regulations 1996 and shall come into force on 1st April 1996.
Interpretation
2
In these Regulations —
“abolished authority” means a principal council which is or is to be wound up and dissolved by a section 17 order;
“the reorganisation date” in relation to an authority means the date (being 1st April in any year) which is specified as such in relation to that authority in a section 17 order;
“section 17 order” means an order made under section 17 of the Local Government Act 1992;
any reference to a transferor authority is a reference to a local authority which, by or in consequence of a structural or boundary change (or both such changes) effected by a section 17 order, ceases to exercise the functions of a local education authority in relation to an area (“the transferred area”) on the reorganisation date; and
any reference to the transferee authority is a reference to the local authority by which such functions are exercisable in relation to that area on and after that date.
PART 2
RELIGIOUS EDUCATION
Interpretation of Part 2
3
In this Part —
“the 1988 Act ” means the Education Reform Act 1988 ;
“an existing council” means the standing advisory council on religious education constituted by a transferor authority under section 11 of the 1988 Act; and
“the new council” means the standing advisory council on religious education constituted by the transferee authority under that section.
Standing advisory councils on religious education
4
1
This regulation applies where immediately before the reorganisation date an existing council have not given the notification required by section 12(3) of the 1988 Act in respect of any application made under section 12(1) of that Act (determination by advisory councils of cases in which requirement for Christian collective worship is not to apply) in respect of a school (or pupils at a school) in the transferred area.
2
Where this regulation applies it shall be the duty of the existing council as soon as practicable —
a
to inform the new council of that application; and
b
to furnish that council with all documents (or copies of documents) and information in their possession relating to that application.
3
Where the new council are informed of an application pursuant to paragraph (2) above section 12 of that Act shall apply as if the application had been made to them under that section.
5
Where nothing remains to be done by an existing council constituted by an abolished authority to comply with their duties under section 11(9) to (13) of the 1988 Act (duties to publish and distribute annual reports and to distribute copies of the council’s advice) or regulation 4 above, the council shall be dissolved.
6
On the reorganisation date subsection (5) of section 12 of the 1988 Act (reviews of determinations) shall cease to require an existing council to review a determination made by them under that section in respect of a school (or pupils at a school) in the transferred area; and on and after that date that subsection shall apply in relation to any such determination as it applies to a determination so made by the new council.
Agreed syllabuses of religious education
7
Until an agreed syllabus of religious education prepared in accordance with the provisions of the Fifth Schedule to the Education Act 1944 is adopted by the transferee authority (or deemed in accordance with that Schedule to be the agreed syllabus for use in schools in the area of that authority) the reference in section 28(1B)(a) of that Act (religious education in aided schools to be in accordance with agreed syllabus) to “the local education authority”, and the reference in section 140(3)(a) of the Education Act 1993 (religious education in former aided grant-maintained schools to be in accordance with agreed syllabus) to “the local education authority for the area in which the school is situated”, shall be taken to include a reference to the transferor authority.
8
On and after the reorganisation date section 11(7) and (8) of the 1988 Act (reviews of agreed syllabuses) shall apply in relation to any agreed syllabus adopted by the transferor authority and used after that date in any school in the transferred area as it applies to an agreed syllabus adopted by the transferee authority.
PART 3
CHILDREN WITH SPECIAL EDUCATIONAL NEEDS
Interpretation of Part 3
9
In this Part —
“the 1993 Act ” means the Education Act 1993 ; and
“the 1994 Regulations ” means the Education (Special Educational Needs) Regulations 1994 .
Time Limits
10
Where immediately before the reorganisation date anything is required to be done by a transferor authority within a period specified in paragraph (1), (2), (3), or (5) of regulation 11 (time limits regarding proposed assessments of educational needs), paragraph (3) or (5) of regulation 14 (time limits regarding making of statements or amendments of statements of special educational needs) or paragraph (3) of regulation 18 (time limit for notice following transfer of statement) of the 1994 Regulations, that paragraph shall have effect on and after the reorganisation date in relation to the transferee authority as if that period began on the reorganisation date.
11
Where under section 167 of the 1993 Act a transferor authority have made an assessment of the educational needs of a child and immediately before the reorganisation date have not done any of the things mentioned in paragraph (1) or, as the case may be, paragraph (2) of regulation 14 of the 1994 Regulations (time limits following assessments), that paragraph shall have effect on and after the reorganisation date in relation to the transferee authority as if for the reference in that paragraph to two weeks there was substituted a reference to four weeks.
12
Where —
a
under paragraph 10(1) of Schedule 10 to the 1993 Act a transferor authority serve a notice on a child’s parent informing him of the authority’s proposal to amend the statement maintained under section 168 of that Act for the child;
b
the reorganisation date falls before the expiry of eight weeks from the date on which the notice was served; and
c
the authority have not amended that statement before the reorganisation date,
regulation 14(6) of the 1994 Regulations (time limit for making proposed amendments to statements) shall have effect on and after that date in relation to the transferee authority as if the period mentioned in that regulation began on the reorganisation date.
13
Where —
a
under paragraph 11(2) of Schedule 10 to the 1993 Act a transferor authority give notice to the child’s parent that they have determined to cease to maintain the statement maintained under section 168 of that Act for the child;
b
the reorganisation date falls before the expiry of four weeks immediately following the period during which the parent may appeal to the Special Educational Needs Tribunal against the determination; and
c
the authority have not ceased to maintain the statement before the reorganisation date,
regulation 14(7) of the 1994 Regulations (period during which proposal to cease to maintain statement may not be implemented) shall have effect on and after that date in relation to the transferee authority as if the period mentioned in sub-paragraph (b) of that regulation began on the reorganisation date.
14
Where the period referred to in section 172(5)(b) of the 1993 Act (“the review period”) ends during the period of two months beginning on the reorganisation date (“the transitional period”) and the transferor authority have not completed the review required by that section before the reorganisation date, that section shall have effect on and after that date in relation to the transferee authority as if the review period ended when the transitional period ends.
Notification of transfer of functions
15
1
In the case of any child to whom this paragraph applies the transferee authority shall before the expiry of one month beginning on the reorganisation date notify in writing the child’s parent of —
a
the transfer to the authority of the functions under Part III of the 1993 Act of the transferor authority; and
b
the name of the officer of the authority from whom further information concerning the authority’s functions under that Part with respect to the child may be obtained.
2
Paragraph (1) applies in the case of any child —
a
for whom immediately before the reorganisation date the transferor authority maintain a statement under section 168 or 175 of the 1993 Act;
b
on whose parent the transferor authority have served a notice under section 167(1) or 174(2) of the 1993 Act (notice of proposal to make assessment of educational needs) but have not given the notice referred to, in the case of a notice under section 167(1), in section 167(4) or (6) or, in the case of a notice under section 174(2), in section 174(5) or (6);
c
in respect of whom the transferor authority have given the notice referred to in section 167(4) or 174(5) of the 1993 Act (notice of decision to make assessment of educational needs) but have not, before the reorganisation date, completed making an assessment pursuant to the notice;
d
in respect of whom the transferor authority’s duty under section 167(3), 173(1) or 175(1) of the 1993 Act (duty to make assessment of educational needs) is transferred under a section 17 order to the transferee authority;
e
on whose parent the transferor authority have served under paragraph 2 of Schedule 10 to the 1993 Act a copy of a proposed statement under section 168 of that Act but in respect of whom the transferor authority, immediately before the reorganisation date, did not maintain such a statement.
Appeals to Special Educational Needs Tribunal
16
Where a function the exercise of which by a transferor authority is the subject of an appeal to the Special Educational Needs Tribunal is transferred by a section 17 order, the Special Educational Needs Tribunal Regulations 1994 and the Special Educational Needs Tribunal Regulations 1995 shall have effect as if in regulation 2, in the definition of “the authority”, the reference to the local education authority which made the disputed decision were a reference to the authority to which the function is transferred.
PART 4
GRANTS
Interpretation of Part 4
17
In this Part —
“designated authority” in relation to an abolished authority means the authority which is the designated authority for the purposes of Part III of the Local Government Changes for England (Property Transfer and Transitional Payments) Regulations 1995 ; and
“grant regulations” means regulations made under section 1 of the Education (Grants and Awards) Act 1984 or section 210 of the Education Reform Act 1988 .
Abolished authorities
18
Where a grant has been made to an abolished authority pursuant to grant regulations —
a
any payment of grant which pursuant to the regulations falls to be made to an abolished authority on or after the reorganisation date shall be made to the designated authority;
b
any payment which pursuant to the regulations falls to be made by an abolished authority to the Secretary of State on or after the reorganisation date shall be made by the designated authority; and
c
any condition or requirement imposed by or under the regulations to submit any document to the Secretary of State in respect of the activity covered by the grant which falls to be complied with by an abolished authority on or after the reorganisation date shall be complied with by the designated authority.
PART 5
MISCELLANEOUS
Meaning of “minor authority” in Education Act 1944
19
In section 114(1) of the Education Act 1944 (interpretation), in the definition of “minor authority” , for “metropolitan county” there shall be inserted in each case “a county for which there is no council or a county in which there are no district councils”.
Application of Education (Areas to which Pupils and Students Belong) Regulations 1996
20
For the purposes of regulation 8 of the Education (Areas to which Pupils and Students Belong) Regulations 1996 , where, immediately before moving as mentioned in regulation 8(1), a further education student was ordinarily resident in the transferred area in relation to a transferor authority, he shall, on and after the reorganisation date, be treated as ordinarily resident in the area of the transferee authority.
Gillian Shephard
Secretary of State for Education and Employment
8th March 1996