text:
1
This order may be cited as the A23 Trunk Road (Purley Cross Junction Improvement) Trunking Order 1996 and shall come into force on 16th April 1996.
2
The length of highway described in the Schedule to this Order shall become a trunk road from the date when this Order comes into force.
3
The centre line of the new trunk road is indicated by a heavy black line on the site plan contained in the plan folio numbered LRO 64/89/2/01-2, marked “The A23 Trunk Road (Purley Cross Junction Improvement) Trunking Order 1996”, signed by authority of the Secretary of State for Transport and deposited at the Highways Agency, St Christopher House, Southwark Street, London SE1 0TE.
Signed by authority of the Secretary of State for Transport
R. T. Thorndike
Director, Highways Agency, London Network Management Division
2nd April 1996


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Deregulation (Parking Equipment) Order 1996.
2
This Order shall come into force at the end of the period of 3 months beginning with the day on which it is made.
3
In this Order, “the 1984 Act ” means the Road Traffic Regulation Act 1984.
Removal of requirement for parking equipment to be approved by the Secretary of State
2
1
Subject to article 3 below —
a
the provisions of the 1984 Act mentioned in the first column of the Schedule to this Order are hereby repealed to the extent specified in the second column of that Part, and
b
paragraphs 3(b), 4(c)(ii), 5 and 7 of the Schedule to the Parking Act 1989 (which are spent in consequence of the repeals mentioned in sub-paragraph (a) above) are hereby repealed.
2
In Schedule 10 to the 1984 Act, in paragraph 13, for the words “subsections (1) to (4)” there shall be substituted the words “subsections (1) to (3)”.
Supplementary provisions
3
1
Nothing in article 2 above shall affect the validity of any order having effect by virtue of the 1984 Act and made before this order comes into force, but —
a
any provision in such an order having effect by virtue of section 4(3), 7(3) or 35(1)(iii) or (3) of the 1984 Act shall apply to any apparatus or device which has not been approved by the Secretary of State to the extent (if any) that the provision would, apart from this paragraph, have applied to it had it been approved by him, and
b
any provision in such an order having effect by virtue of section 35(3A), 46(2)(a), (b) or (c) or 51 of the 1984 Act shall apply to any apparatus or device which is of a type and design that has not been approved by the Secretary of State to the extent (if any) that the provision would, apart from this paragraph, have applied to it had apparatus or devices of that type and design been approved by him.
2
Without prejudice to section 16 of the Interpretation Act 1978 , the repeals made by this Order of sections 35A(4), 47(5), 52(2) and 115(2A) of the 1984 Act (presumptions relating to the approval of the Secretary of State) and to section 130(2)(a) of that Act (application to the Crown) shall not have effect in relation to proceedings for an offence committed before this Order comes into force.
Signed by the authority of the Secretary of State for Transport
John Watts
Minister of State,
Department of Transport
13th June 1996


text:
Citation and commencement
1
These Regulations may be cited as the Friendly Societies (General Charge and Fees) (Amendment) Regulations 1996 and shall come into force on 31st December 1996.
Interpretation
2
In these Regulations “the principal Regulations ” means the Friendly Societies (General Charge and Fees) Regulations 1996 .
Amendments to the principal Regulations
3
For paragraph 5 of Schedule 2 to the principal Regulations there shall be substituted the following paragraph —
5
For the registration of an annual return or a set of annual accounts (except where the society or branch concerned has by written notice sent to the central office irrevocably elected to pay the fees specified in paragraph 6 of this Schedule) —
a
in the case of an annual return or a set of annual accounts for a year of account ended on or before 31st December 1995 —
(i) where it relates to a society 100 (ii) where it relates to a branch 35
b
in the case of an annual return or a set of annual accounts for any subsequent year of account —
(i) where it relates to a society 110 (ii) where it relates to a branch 45
.
Bowen Wells
Roger Knapman
Two of the Lords Commissioners of Her Majesty’s Treasury
9th December 1996


text:
1
This Order may be cited as the A47 Trunk Road (Hardwick Roundabout Flyover and Slip Roads) Order 1996 and shall come into force on 8th August 1996.
2
In this Order:
1
all measurements of distance are measured along the route of the relevant highway;
2
a
“the main new road” means the new highway which the Secretary of State proposes to construct along the route described in Schedule 1 to this Order;
b
“the new trunk roads” means the main new road and the slip roads;
c
“the plan” the plan numbered HA10/2E/351, marked “The A47 Trunk Road (Hardwick Roundabout Flyover and Slip Roads) Order 1996”, signed by authority of the Secretary of State for Transport and deposited at the Highways Agency, Room 12/03, St Christopher House, Southwark Street, London, SE1 0TE; and
d
“the slip roads” means the new highways which the Secretary of State proposes to construct along the routes described in Schedule 2 to this Order and which connect the main new road with other highways or proposed highways at the places stated in that Schedule.
3
The main new road and the slip roads shall become trunk roads from the date when this Order comes into force.
4
The centreline of each of the new trunk roads is indicated by a heavy black line on the plan.
5
The Secretary of State directs as respects any part of a highway which crosses the route of any of the new trunk roads that:
a
where the highway is maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for traffic.
Signed by authority of the Secretary of State for Transport
R R Bineham
Director Highways Agency Northern Operations Division
4th July 1996


text:
Citation and commencement
1
This Order may be cited as the Council Tax (Deductions from Income Support) Regulations 1993 Amendment Order 1996, and shall come into force on 1st April 1996.
Amendment of the Council Tax (Deductions from Income Support) Regulations 1993
2
In relation only to Scotland, regulation 3 of the Council Tax (Deductions from Income Support) Regulations 1993 is amended by inserting after the words “Schedule 8 to the Local Government Finance Act” the words “or by virtue of an order made under section 79 of the Local Government etc. (Scotland) Act 1994”.
Signed by authority of the Secretary of State for Social Security.
Roger Evans
Parliamentary Under-Secretary of State,
Department of Social Security
11th March 1996


text:
Citation and commencement
1
This Order may be cited as the Local Authorities (Goods and Services) (Public Bodies) (Trunk Roads) Order 1996 and shall come into force on 14th March 1996.
Interpretation
2
In this Order, unless the context otherwise requires:
“the 1980 Act ” means the Highways Act 1980 ;
“ DBFO contractor” means a person who has entered into a DBFO contract with the Secretary of State for Transport or with the Secretary of State for Wales;
“DBFO contract” means a contract between the Secretary of State for Transport or the Secretary of State for Wales and another person pursuant to which such other person undertakes responsibility for the design, building, financing and operation of a trunk road for an agreed period;
“trunk road” has the meaning given in section 329(1) of the 1980 Act;
“trunk road connected land” means any land which does not form part of a trunk road but which has been acquired by the Secretary of State for Transport or the Secretary of State for Wales in connection with a trunk road under section 239(2) or (4) or section 246 of the 1980 Act;
“unitary county council” means a county council which is the sole principal council for its local government area;
“unitary district” means a district (other than a metropolitan district) where the district council is the sole principal council for that local government area;
“unitary district council” means a district council (other than a metropolitan district council) which is the sole principal council for its local government area.
Designation of public bodies
3
A person specified, or of a description specified, below, appearing to the Secretary of State for Transport and the Secretary of State for Wales to be exercising functions of a public nature, shall be a public body for the purposes of the Local Authorities (Good and Services) Act 1970 in its application to England and Wales —
the Secretary of State for Transport,
the Secretary of State for Wales,
a DBFO contractor.
Restrictions on agreements which may be entered into by a DBFO contractor
4
A DBFO contractor may only enter into an agreement with a local authority by virtue of this Order if it is a local highway authority (DBFO) agreement within the meaning of article 5 below.
Local highway authority (DBFO) agreement
5
An agreement is a local highway authority (DBFO) agreement if it is an agreement to which each of the following subparagraphs of this article applies:
a
it is an agreement between a DBFO contractor and a local authority, which is a county council, a county borough council, a unitary district council, a metropolitan district council, or a London borough council, with respect to a trunk road or trunk road connected land which is the subject of a DBFO contract, where:
i
such road or land is inside the local authority’s area; or
ii
if such road or land is outside the local authority’s area but within a London borough, a unitary district or a non-metropolitan county in England, the council of that borough, district or county has consented to the agreement between the local authority and the DBFO contractor; or
iii
if such road or land is outside the local authority’s area, but within a metropolitan district, or, within a county or county borough in Wales, the authority has consulted the council of that district, county or county borough prior to entering into the agreement with the DBFO contractor;
b
it is an agreement for:
i
the provision by the local authority for the DBFO contractor of any administrative, professional or technical services;
ii
the use by the DBFO contractor of any vehicle, plant or apparatus belonging to the local authority and the placing at the disposal of that contractor of the services of any person employed in connection with the vehicle or other property in question; or
iii
the carrying out by the local authority of works of maintenance in connection with land or buildings for the maintenance of which the DBFO contractor is responsible;
c
it is an agreement made by acceptance of the local authority’s offer to carry out the obligations under the agreement where:
i
the local authority made the offer in response to an invitation by the DBFO contractor to submit offers; and
ii
the invitation was made to other persons who were willing to carry out work of the kind concerned, including at least one person who was not a local authority; and
d
it is an agreement which will determine no later than on a date which is five years after the date which it was entered into by the parties.
Restrictions on agreements which may be entered into by the Secretary of State for Transport and the Secretary of State for Wales
6
The Secretary of State for Transport and the Secretary of State for Wales may only enter into an agreement with a local authority by virtue of this Order if it is a local highway authority (minister) agreement within the meaning of article 7 below.
Local highway authority (minister) agreement
7
An agreement is a local highway authority (minister) agreement if it is an agreement to which each of the following subparagraphs of this article applies:
a
it is an agreement between the Secretary of State and a local authority, which is a county council, a county borough council, a unitary district council, a metropolitan district council or a London borough council, with respect to a trunk road or trunk road connected land which has been or is the subject of a DBFO contract, where:
i
such road or land is inside the local authority’s area; or
ii
if such road or land is outside the local authority’s area but within a London borough, a unitary district or a non-metropolitan county in England, the council of that borough, district or county has consented to the agreement between the local authority and the Secretary of State; or
iii
if such road or land is outside the local authority’s area, but within a metropolitan district, or, within a county or county borough in Wales, the authority has consulted the council of that district, county or county borough prior to entering into the agreement with the Secretary of State;
b
it is an agreement for:
i
the provision by the local authority for the Secretary of State of any administrative, professional or technical services;
ii
the use by the Secretary of State of any vehicle, plant or apparatus belonging to the local authority and the placing at the disposal of the Secretary of State of the services of any person employed in connection with the vehicle or other property in question; or
iii
the carrying out by the local authority of works of maintenance in connection with land or buildings for the maintenance of which the Secretary of State is responsible; and
c
the agreement does not provide for the delegation of any of the Secretary of State’s functions referred to in section 6(1) of the 1980 Act.
Signed by authority of the Secretary of State for Transport
John Watts
Minister of State,
Department of Transport
15th February 1996
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State,
Welsh Office
19th February 1996


text:
Citation and commencement
1
These Regulations may be cited as the Seal Fisheries (North Pacific) Act 1912 (Amendment) Regulations 1996 and shall come into force on 15th November 1996.
Amendment of 1912 Act
2
At the end of section 4 of the Seal Fisheries (North Pacific) Act 1912 (Prohibition of importation of skins of seals captured in contravention of Orders in Council under the Seal Fisheries (North Pacific) Act 1895) there shall be added “from a place outside the Member States”.
Signed by the authority of the Secretary of State
James Clappison
Parliamentary Under Secretary of State
Department of the Environment
19th October 1996


text:
PART I
GENERAL
Citation and commencement
1
This Order may be cited as the Nottinghamshire (City of Nottingham) (Structural Change) Order 1996 and shall come into force for the purposes of articles 2(2), 4(1), (3) and (4), 7 and 8 on the day after the day on which it is made and for all other purposes on 1st April 1998.
Interpretation
2
1
In this Order —
“ the Act ” means the Local Government Act 1992;
“the 1972 Act ” means the Local Government Act 1972 ;
“Nottinghamshire” means the non-metropolitan county of Nottinghamshire and “the County Council” means the council of that county;
“Nottingham” (except in references to the county of Nottingham) means the city of Nottingham and “the Nottingham City Council” means the council of that city;
“the relevant date” means 5th May 1997;
“relevant provision” means a provision in any subordinate legislation made under the Act or made, in connection with the Act or such provision, under any other enactment;
“the reorganisation date” means 1st April 1998; and
“subordinate legislation” has the same meaning as in section 21 of the Interpretation Act 1978 .
2
The period beginning with the relevant date and ending immediately before the reorganisation date is specified as the preliminary period for the purposes of any statutory instrument made under the Act.
PART II
LOCAL GOVERNMENT REORGANISATION IN NOTTINGHAM
Structural change
3
The functions of the County Council in relation to Nottingham shall, subject to the following provisions of this Part and to any other relevant provision, be transferred to the Nottingham City Council.
Fire services
4
1
In this article —
“the 1947 Act ” means the Fire Services Act 1947 ; and
“the relevant area” means the area comprising Nottinghamshire (as constituted on and after the reorganisation date) and Nottingham.
2
Nottingham shall, subject to any combination scheme under the 1947 Act, become the area of a fire authority for the purposes of that Act.
3
For the purposes of the making of a combination scheme with respect to the relevant area before the reorganisation date in accordance with section 10 of the 1947 Act (power to make schemes in advance of alterations to local government areas), section 5(2) of that Act shall have effect, in relation to that area, as if —
a
in paragraphs (a) and (d) of that subsection, for “the constituent authorities”, wherever those words occur, there were substituted “the council of the county of Nottinghamshire”; and
b
in paragraphs (e) and (f) of that subsection, for “any of the constituent authorities” there were substituted “the council of the county of Nottinghamshire”.
4
Section 10 of the 1947 Act shall have effect, in relation to the relevant area, as if after the word “but” there were inserted the words “, except so far as it relates to the constitution of an authority as the fire authority for the combined area constituted by the scheme and the performance by that authority of any functions necessary for bringing the scheme into full operation on that date,”.
Planning functions
5
1
The structure plan applying immediately before the reorganisation date to Nottinghamshire and any proposals prepared before that date for the alteration or replacement of that plan shall be treated as if they had been prepared jointly by the County Council and the Nottingham City Council; and section 50 of the Town and Country Planning Act 1990 (“the 1990 Act ”) shall apply accordingly.
2
In relation to the Nottingham City Council —
a
section 36(5) of the 1990 Act (which provides that a local plan shall not contain policies in respect of minerals or waste) shall not apply;
b
subsection (1) of section 37 of that Act (minerals local plans) shall have effect as if, after the words “local plan”, there were added the words “or include in their local plan their detailed policies in respect of development consisting of the winning and working of minerals or involving the deposit of mineral waste”; and
c
subsection (2) of section 38 of that Act (waste policies) shall have effect as if, after paragraph (b), there were added the following —
or
c
include their waste policies in their local plan.
.
Constitution of new county of Nottingham
6
1
Nottingham shall cease to form part of Nottinghamshire.
2
A new county shall be constituted comprising the area of Nottingham and shall be named the county of Nottingham.
3
Section 2(1) of the 1972 Act (which provides that every county shall have a council) shall not apply in relation to the county of Nottingham.
PART III
TRANSITIONAL PROVISION
Election of councillors in Nottingham in 1997 and subsequent years
7
1
The City of Nottingham (Electoral Arrangements) Order 1976 shall have effect subject to the provisions of this article.
2
Elections of all councillors of the Nottingham City Council shall be held simultaneously on the ordinary day of election of councillors in 1997, 2000, 2003 and every fourth year after 2003 .
3
The term of office of any councillor so elected shall be, in the case of the councillors elected in 1997 and 2000, three years and, in any other case, four years.
4
On the fourth day after any such elections —
a
the persons who were councillors immediately before those elections shall retire; and
b
the newly elected councillors shall come into office.
Suspension of elections and retirement of councillors
8
1
The ordinary election of councillors in 1997 for the electoral divisions of Nottinghamshire comprised in Nottingham shall not take place; and any councillor for such a division holding office immediately before the relevant date who would, but for this paragraph, have retired on that date shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until the reorganisation date.
2
Section 89 of the 1972 Act (filling of casual vacancies in case of councillors) shall have effect —
a
in the case of a casual vacancy occurring in the office of councillor of the Nottingham City Council before the relevant date, as if the reference in subsection (3) of that section to the day on which the councillor whose office is vacant would regularly have retired were a reference to the relevant date; and
b
in the case of a casual vacancy occurring in the office of councillor for any electoral division referred to in paragraph (1) above, as if that reference in that subsection were a reference to the reorganisation date.
3
The electoral divisions of Nottinghamshire comprised in Nottingham shall cease to be electoral divisions on the reorganisation date.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
18th July 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Multiplex Licence (Broadcasting of Programmes in Gaelic) Order 1996 and shall come into force on 20th November 1996.
2
In this Order “ the Act ” means the Broadcasting Act 1996.
Condition of licence
2
The Commission shall include in the multiplex licence granted in respect of the frequency on which digital capacity is reserved for the broadcasting of Channel 5 in digital form and of S4C Digital, being a frequency to which section 28 of the Act applies, a condition requiring the holder of the licence, when broadcasting programmes for reception wholly or mainly in Scotland, to broadcast programmes in Gaelic for at least 30 minutes per day between 1800 hours and 2230 hours.
Minimum transmission time of programmes provided by suppliers
3
In complying with the condition specified in article 2, the holder of the licence shall broadcast programmes in Gaelic supplied by each of the persons mentioned in section 32(4)(a) and (c) of the Act amounting to at least 30 hours of transmission time per year in relation to each such person.
Virginia Bottomley
Secretary of State for National Heritage
30th October 1996


text:
1
This Order may be cited as the Criminal Appeal Act 1995 (Commencement No. 3) Order 1996.
2
In this Order “the 1995 Act ” means the Criminal Appeal Act 1995.
3
Section 8 of and paragraphs 1 and 2 of Schedule 1 to the 1995 Act, for the purposes for which they are not already in force , and section 31(1)(a) of and paragraphs 3 to 11 of Schedule 1 and paragraphs 7 to 11 of Schedule 2 to the 1995 Act shall come into force on 1 January 1997.
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Home Office
16th December 1996


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Armed Forces (Protection of Children of Service Families) Regulations 1996 and shall come into force on 1st June 1996.
2
In these Regulations —
“ the Act ” means the Armed Forces Act 1991;
“assessment order” means an assessment order made under section 17(3) of the Act;
“commanding officer”, in relation to any person, means —
where the person concerned is subject to Part II of the Army Act 1955 or Part II of the Air Force Act 1955 , the officer who is that person’s commanding officer for the purposes of section 82 of the Army Act 1955 or (as the case may be) of the Air Force Act 1955; and
where the person concerned is subject to Parts I and II of the Naval Discipline Act 1957 —
the officer who is for the time being in immediate command of the ship or naval establishment to which that person belongs; or
if the person is absent from the ship or establishment on detached service either on shore or elsewhere, the officer who is for the time being in immediate command of that person; and
“protection order” means a protection order made under section 19(3) of the Act.
Officer having jurisdiction
2
1
Subject to paragraphs (2) to (4) below, for the purposes of any provision of Part III of the Act the officer having jurisdiction shall be —
a
in the case of a child falling within section 17(1) or 19(1) of the Act, the commanding officer for the time being of the person of whose family the child forms a part; and
b
in the case of a child falling within section 17(2) or 19(2) of the Act, the commanding officer for the time being of the person with whom the child is staying.
2
Where the person applying for a protection order states in his application that in his opinion it is necessary for the protection order to have effect for a period exceeding the period of eight days beginning with the date of the order, the officer having jurisdiction shall be —
a
in the case of a child falling within section 19(1) of the Act, the officer who is for the time being immediately superior in command to the commanding officer for the time being of the person of whose family the child forms a part; and
b
in the case of a child falling within section 19(2) of the Act, the officer who is for the time being immediately superior in command to the commanding officer for the time being of the person with whom the child is staying.
3
Subject to paragraph (4) below, where a protection order was made by a superior officer or continues to have effect by virtue of an extension order made by a superior officer, that officer shall be the officer having jurisdiction for the purposes of section 22(5) of the Act.
4
If it is not reasonably practicable for the person who is the officer having jurisdiction in accordance with paragraph (3) above to act in that capacity, then the officer having jurisdiction shall be the officer closest in seniority to him from amongst those officers who are superior in command to him and for whom it is reasonably practicable to act in that capacity.
5
In this regulation, “superior officer” shall be construed in accordance with sections 21 and 22 of the Act.
Superior officer
3
For the purposes of sections 21 and 22 of the Act, a person is a superior officer if —
a
in the case of a child falling within section 19(1) of the Act, he is superior in command to the commanding officer for the time being of the person of whose family the child forms a part; and
b
in the case of a child falling within section 19(2) of the Act, he is superior in command to the commanding officer for the time being of the person with whom the child is staying.
Persons authorised to apply for an assessment order and designated for the purposes of section 19 of the Act
4
1
The persons who are authorised to make an application for an assessment order under section 17(3) of the Act, and are designated persons for the purposes of section 19 of the Act, shall be —
a
The Soldiers', Sailors' and Airmen’s Families Association and any of its officers;
b
the Naval Personal and Family Service and any of its Chief Petty Officers (Family Service);
c
a registered medical practitioner serving as a member of the medical branch of any of Her Majesty’s armed forces; and
d
a civilian registered medical practitioner to whom —
i
Part II of the Army Act 1955 applies by virtue of section 209 of that Act;
ii
Part II of the Air Force Act 1955 applies by virtue of section 209 of that Act; or
iii
Part II of the Naval Discipline Act 1957 applies by virtue of section 118 of that Act.
2
In paragraph (1) above, “registered medical practitioner” means a person registered as a medical practitioner under the Medical Act 1983 .
Making of assessment orders
5
1
An application for an assessment order under section 17(3) of the Act shall be made by notice in writing, and shall specify the grounds on which it is made.
2
On receipt of an application for an assessment order under section 17(3) of the Act, the officer having jurisdiction shall —
a
fix the date, time and place at which he will consider the application; and
b
give the person making the application notice in writing of the date, time and place fixed in accordance with sub-paragraph (a) above, allowing sufficient time for that person to comply with the requirements of paragraph (3) below.
3
Any person making an application for an assessment order under section 17(3) of the Act shall —
a
take such steps as are reasonably practicable to give the persons mentioned in section 17(4) of the Act not less than seven clear days' notice in writing of the date, time and place at which the officer having jurisdiction will consider the application; and
b
include in that notice a statement explaining the effect of paragraphs (5) to (7) below.
4
Before determining the application for an assessment order, the officer having jurisdiction shall satisfy himself that the person making the application has complied with paragraph (3) above; and where, it appears to him that the person making the application has failed to notify any person in accordance with that paragraph, he may adjourn the hearing of the application.
5
Subject to paragraph (6) below, before deciding whether or not to make an assessment order, the officer having jurisdiction shall afford the person making the application and the persons mentioned in section 17(4) of the Act, the opportunity of making representations to him (including oral representations).
6
Paragraph (5) above shall not oblige the officer having jurisdiction to afford any person the opportunity of making representations, where it appears to him that it would be impracticable, or would cause unnecessary delay, to communicate with that person.
7
Any person having the right to make representations under paragraph (5) above shall be entitled —
a
to attend any hearing which is held for the purposes of determining whether the assessment order should be made; and
b
to be represented at any such hearing.
8
Where the officer having jurisdiction adjourns the hearing of an application for an assessment order, he shall —
a
fix the date, time and place at which he will resume the hearing of the application; and
b
take such steps as are reasonably practicable to ensure that any person mentioned in section 17(4) of the Act who was not present at the adjourned hearing is notified of the date, time and place fixed in accordance with sub-paragraph (a) above.
9
In relation to an application for an assessment order, the officer having jurisdiction shall ensure that —
a
a written record is kept of the substance of any oral evidence given at any hearing before him; and
b
he gives notice in writing of any decision he makes, and the reasons for it, to the person making the application and the persons who have been given notice of the application in accordance with section 17(4) of the Act.
Variation and discharge of assessment orders
6
1
Only the officer having jurisdiction may vary or discharge an assessment order in accordance with section 18(7) of the Act.
2
An application for the variation or discharge of an assessment order shall be made by notice in writing and shall specify the grounds on which it is made.
3
Subject to paragraph (4) below, the officer having jurisdiction shall not vary or discharge an assessment order without first affording the persons mentioned in section 18(7) of the Act an opportunity to make representations to him (including oral representations).
4
Paragraph (3) above shall not oblige the officer having jurisdiction to afford any person the opportunity of making representations, where it appears to him that it would be undesirable to do so in the interests of the child, or that it would be impracticable, or would cause unnecessary delay, to communicate with that person.
Making of protection orders
7
In relation to an application for a protection order, the officer having jurisdiction shall ensure that —
a
a written record is kept of the substance of any oral evidence given at any hearing before him; and
b
he gives notice in writing of his decision, and the reasons for it, to the person making the application and the persons mentioned in section 19(4) of the Act.
Making, variation and revocation of directions in a protection order
8
1
Without prejudice to section 22(7) of the Act, only the officer having jurisdiction may vary or revoke a direction given under section 20(4) of the Act.
2
An application for the variation or discharge of a direction given under section 20(4) of the Act shall be made by notice in writing, and shall specify the grounds on which it is made.
3
Subject to paragraph (4) below, an officer shall not give, vary or revoke a direction in accordance with section 20(4) or (11) of the Act without first affording —
a
the responsible person;
b
the child to whom the protection order relates;
c
his parents;
d
any other person who has parental responsibility for him; and
e
any other person with whom he was residing immediately before the making of the application,
an opportunity to make representations to him (including oral representations).
4
Paragraph (3) above shall not oblige an officer having power to give, vary or revoke a direction in accordance with section 20(4) or (11) of the Act to afford any person the opportunity of making representations, where it appears to him that it would be undesirable to do so in the interests of the child, or that it would be impracticable, or would cause unnecessary delay, to communicate with that person.
5
Any person having the right to make representations under paragraphs (3) and (4) above shall be entitled —
a
to attend any hearing which is held for the purposes of determining whether any direction should be given, varied or revoked; and
b
to be represented at any such hearing.
6
Where an officer varies or revokes a direction given under section 20(4) of the Act, he shall as soon as is reasonably practicable give notice in writing of that fact to the persons mentioned in paragraph (3) above.
7
In this regulation and in regulations 9 and 10 “the responsible person” shall be construed in accordance with section 20(1) of the Act.
Review of protection orders
9
1
Subject to paragraph (2) below, before reaching any decision on a review of a protection order, the officer carrying out the review shall afford —
a
the responsible person;
b
the child to whom the protection order relates;
c
his parents;
d
any other person who has parental responsibility for him; and
e
any other person with whom he was residing immediately before the making of the application,
an opportunity to make representations to him (including oral representations).
2
Paragraph (1) above shall not oblige the officer carrying out the review to afford any person the opportunity of making representations, where it appears to him that it would be undesirable to do so in the interests of the child, or that it would be impracticable, or would cause unnecessary delay, to communicate with that person; save that, where on a review of a protection order it appears to the officer carrying out the review that the order should be discharged, he shall in all cases afford the responsible person an opportunity to make representations before discharging the order.
3
Any person having the right to make representations under paragraphs (1) and (2) above shall be entitled —
a
to attend any hearing which is held for the purposes of the review; and
b
to be represented at any such hearing.
4
Following a review of a protection order, the officer carrying out the review shall ensure that he communicates in writing the reasons for any decision he reaches to the persons mentioned in paragraph (1) above.
5
Where the officer carrying out a review gives a direction under section 20(4) of the Act, or varies or revokes any direction previously given under that subsection, he shall make a record on the original order accordingly; and a copy of the order as so amended shall be sent to the persons mentioned in paragraph (1) above.
Discharge of protection orders
10
1
A protection order may not be discharged under section 22(5) of the Act until the expiry of the period of seventy two hours beginning with —
a
where an extension order under section 21(2) of the Act has effect in relation to the protection order, the making of the extension order;
b
where a review of the protection order has been carried out in accordance with section 22 of the Act, the completion of the review; or
c
in any other case, the making of the protection order.
2
Subject to paragraph (3) below, a protection order may not be discharged under section 22(5) of the Act without affording the persons mentioned in that subsection an opportunity to make representations (including oral representations) to the officer having jurisdiction.
3
Paragraph (2) above shall not oblige the officer having jurisdiction to afford any person the opportunity of making representations, where it appears to him that it would be undesirable to do so in the interests of the child, or that it would be impracticable, or would cause unnecessary delay, to communicate with that person; save that, where it appears to the officer having jurisdiction that the order should be discharged, he shall in all cases afford the responsible person an opportunity to make representations before discharging the order.
Michael Portillo
Secretary of State for Defence
24th April 1996


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Protected Rights (Transfer Payment) Regulations 1996 and shall come into force on 6th April 1997.
2
In these Regulations —
“the 1993 Act ” means the Pension Schemes Act 1993;
“the Abatement of Benefit Regulations ” means the Personal and Occupational Pension Schemes (Abatement of Benefit) Regulations 1987 ;
“appropriate personal pension scheme” shall be construed in accordance with section 7 of the 1993 Act ;
“money purchase contracted-out scheme” means an occupational pension scheme which is contracted-out by virtue of satisfying section 9(3) of the 1993 Act ;
“overseas scheme” means an occupational pension scheme which is administered wholly or primarily outside the United Kingdom but does not include one which is contracted-out within the meaning of section 7(3) of the 1993 Act nor one in respect of which section 53 of the 1993 Act applies;
“post-97 protected rights” means —
protected rights which are attributable to payments or contributions in respect of employment carried on on or after the principal appointed day; and
protected rights which derive from section 9(2B) rights which have been the subject of a transfer payment;
“pre-97 protected rights” means —
protected rights which are attributable to payments or contributions in respect of employment carried on before the principal appointed day; and
protected rights which derive from guaranteed minimum pensions which have been the subject of a transfer payment;
“the principal appointed day” has the meaning given to that expression by section 7(2B) of the 1993 Act ;
“protected rights” has the meaning given to that expression by section 10 of the 1993 Act ;
“salary-related contracted-out scheme” means an occupational pension scheme which is contracted-out by virtue of satisfying section 9(2) of the 1993 Act ;
“scheme” means an occupational pension scheme or a personal pension scheme;
“section 9(2B) rights” are —
rights (other than rights attributable to voluntary contributions within the meaning of section 111 of the 1993 Act) which are attributable to an earner’s service on or after the principal appointed day in employment which is contracted-out in accordance with section 9(2B) of the 1993 Act ; and
where a transfer payment has been made to a salary-related scheme in respect of rights mentioned in paragraph (a) or of post-97 protected rights, any rights arising under that scheme as a consequence of that payment, or, where only part of it was made in respect of such rights, of that part of it;
“trustees”, in relation to a scheme which is not set up or established under a trust, means the managers of the scheme.
General
2
A money purchase contracted-out scheme or an appropriate personal pension scheme (or a scheme which was formerly a money purchase contracted-out scheme or an appropriate personal pension scheme) may give effect to the protected rights of a member by the making of a transfer payment —
a
to an appropriate personal pension scheme; or
b
to an occupational pension scheme
in accordance with regulations 3 to 5 and in these Regulations a “transfer payment” means a transfer payment such as is described in this regulation.
Transfer payments to money purchase contracted-out schemes and appropriate personal pension schemes
3
A transfer payment may be made to a money purchase contracted-out scheme or an appropriate personal pension scheme if —
a
the member consents in writing;
b
the transfer payment (or, if it forms part of a larger payment giving effect to both protected and other rights, that part of it which gives effect to protected rights) is of an amount at least equal to the cash equivalent of the protected rights to which effect is being given, as calculated and verified in a manner consistent with regulations made under section 97 of the 1993 Act (calculation of cash equivalents);
c
in the case of a transfer payment to a money purchase contracted-out scheme, the member —
i
is employed by an employer who is a contributor to the receiving scheme, or
ii
has previously been a member of the receiving scheme; and
d
the transfer payment is applied so as to provide money purchase benefits under the receiving scheme for or in respect of the member.
Transfer payments to salary-related contracted-out schemes
4
A transfer payment may be made to a salary-related contracted-out scheme if —
a
the member consents in writing;
b
the transfer payment (or, if it forms part of a larger payment giving effect to both protected and other rights, that part of it which gives effect to protected rights) is of an amount at least equal to the cash equivalent of the protected rights to which effect is being given, as calculated and verified in a manner consistent with regulations made under section 97 of the 1993 Act;
c
the member —
i
is employed by an employer who is a contributor to the receiving scheme, or
ii
has previously been a member of the receiving scheme;
d
where the transfer payment or any part of it gives effect to pre-97 protected rights, the receiving scheme, in consequence of that payment (or, where only part of it gives effect to such rights, of that part) provides for
the member, and
the member’s widow or widower
to be entitled, without prejudice to any other rights which the member receives under that scheme, to guaranteed minimum pensions equal to those to which they would have been treated as entitled by virtue of
section 47(2) or (5) of the 1993 Act (further provisions concerning entitlement to guaranteed minimum pensions for the purposes of section 46), or
section 48(2) of the 1993 Act (reduced benefits where minimum payments or minimum contributions paid)
had the transfer payment not been made, except that the receiving scheme may make provision that any earnings factor of the member is to be revalued in accordance with section 16(2) of the 1993 Act (revaluation of earnings factors for purposes of section 14: early leavers etc. ), as modified by regulation 6; and
e
where the transfer payment or any part of it gives effect to post-97 protected rights, the transfer payment (or, where only part of it gives effect to post-97 protected rights, that part) is applied to provide rights for the member which, had they accrued in the receiving scheme, would be provided in accordance with the rules of the receiving scheme relating to earners who are in employment which is contracted-out in relation to the receiving scheme or have been in employment which was so contracted-out.
Transfer payments to overseas schemes
5
A transfer payment may be made to an overseas scheme if —
a
the member consents in writing;
b
the trustees of the transferring scheme have taken reasonable steps to satisfy themselves that the member has emigrated on a permanent basis and has entered employment to which the receiving scheme applies;
c
the transfer payment (or, if it forms part of a larger payment giving effect to both protected and other rights, that part which gives effect to protected rights) is of an amount at least equal to the cash equivalent of the protected rights to which effect is being given, as calculated and verified in a manner consistent with regulations made under section 97 of the 1993 Act;
d
the member has acknowledged in writing that he accepts that the scheme to which the transfer payment is to be made may not be regulated in any way by the law of the United Kingdom and that as a consequence there may be no obligation under that law on the receiving scheme or its trustees to provide any particular value or benefit in return for the transfer payment; and
e
the trustees of the transferring scheme have taken reasonable steps to satisfy themselves that the member has received a statement from the receiving scheme showing the benefits to be awarded in respect of the transfer payment and the conditions (if any) on which these could be forfeited or withheld.
Modifications of Part III of the 1993 Act where transfer payments are made to salary-related contracted-out schemes
6
1
Where a transfer payment has been made to a salary-related contracted-out scheme in accordance with regulation 4 (or with regulations 2 and 3 of the Protected Rights (Transfer Payment) Regulations 1987 ) the 1993 Act shall have effect as modified by this regulation.
2
The definition of “guaranteed minimum pension” in section 8(2) shall have effect as if —
a
after “sections 13 and 17” there were inserted “or in compliance with the requirement set out in regulation 4(d) of the Protected Rights (Transfer Payment) Regulations 1996 (or, as the case may be, with the requirement set out in paragraph 2 of Schedule 3 to the Protected Rights (Transfer Payment) Regulations 1987)”; and
b
at the end there were added “or, as the case may be, of that requirement”.
3
Section 47(2)(b) (further provisions concerning entitlement to guaranteed minimum pensions for the purposes of section 46) shall have effect as if after paragraph (ii) there were added “unless he is entitled to that guaranteed minimum pension by reason of regulation 4(d) of the Protected Rights (Transfer Payment) Regulations 1996 (or of paragraph 2 of Schedule 3 to the Protected Rights (Transfer Payment) Regulations 1987).”.
4
Section 14(1) (earner’s guaranteed minimum) shall have effect as if —
a
after “guaranteed minimum” there were inserted “both”; and
b
at the end there were added “and in relation to any pension provided by a scheme in compliance with the requirement set out in regulation 4(d) of the Protected Rights (Transfer Payment) Regulations 1996 (or, as the case may be, with the requirement set out in paragraph 2 of Schedule 3 to the Protected Rights (Transfer Payment) Regulations 1987)”.
5
In a case to which regulation 2(1) of the Abatement of Benefit Regulations applies, section 16(1) (revaluation of earnings factors for purposes of section 14: early leavers etc.) shall have effect as if any earnings factor to which regulation 2(2)(b) of those Regulations applies were, before being increased as mentioned in section 16(1), equal to the amount mentioned in regulation 2(2)(b) of those Regulations.
6
Section 16(2) shall have effect —
a
if the scheme from which the transfer payment was made was a personal pension scheme, in respect only of each relevant year after the year in which minimum contributions, within the meaning given to that expression in section 181(1) (general interpretation), were last payable; and
b
if the scheme from which the transfer payment was made was, or had formerly been, a money purchase contracted-out scheme, in respect only of each relevant year after the year in which contracted-out employment by reference to that scheme terminated.
Revocations and transitional provisions
7
1
Subject to paragraphs (2) and (3) and to Schedule 2, the regulations listed in column 2 of Schedule 1 (some of which are spent) are revoked to the extent specified in column 3 of Schedule 1.
2
Where a transfer payment has been made to a salary-related contracted-out scheme in accordance with regulations 2 and 3 of the Protected Rights (Transfer Payment) Regulations 1987, then regulation 4(8) and (9) of those Regulations (as in force immediately before these Regulations came into force) shall continue to have effect in relation to any state scheme premium which has been paid before the principal appointed day or is payable immediately before that day.
3
Where an application under section 95 of the 1993 Act (ways of taking right to cash equivalent) has been made before the principal appointed day, for the purposes of dealing with that application regulations 2 to 5 of these Regulations shall not apply and regulations 1 to 3 of the Protected Rights (Transfer Payment) Regulations 1987 (as in force immediately before these Regulations came into force) shall continue to apply subject to the modifications set out in Schedule 2.
Signed by authority of the Secretary of State for Social Security.
Oliver Heald
Parliamentary Under-Secretary of State,
Department of Social Security
5th June 1996


text:
1
This Order may be cited as the Capital Gains Tax (Gilt-edged Securities) Order 1996.
2
The following securities are hereby specified for the purposes of Schedule 9 to the Taxation of Chargeable Gains Act 1992 —
8% Treasury Stock 2000 8% Treasury Stock 2000 “A” 8½% Treasury Stock 2005 7½% Treasury Stock 2006 8% Treasury Stock 2015 8% Treasury Stock 2015 “A”.
Bowen Wells
Liam Fox
Two of the Lords Commissioners of Her Majesty’s Treasury
3rd April 1996


text:
PART I
GENERAL
Citation and Entry into Force
1
1
This Order may be cited as the International Sea-Bed Authority (Immunities and Privileges) Order 1996.
2
It shall, with the exception of Article 13, come into force on the date, to be notified in the London, Edinburgh and Belfast Gazettes, on which the United Nations Convention on the Law of the Sea of 10th December 1982 (“the Convention”) enters into force in respect of the United Kingdom.
3
Article 13 shall come into force on the date, to be notified in the London, Edinburgh and Belfast Gazettes, on which the Enterprise operates independently of the Secretariat of the Authority .
Interpretation
2
In this Order:
a
“the 1961 Convention Articles ” means the Articles (being certain Articles of the Vienna Convention on Diplomatic Relations signed in 1961) which are set out in Schedule 1 to the Diplomatic Privileges Act 1964 ;
b
“Authority” means the International Sea-Bed Authority established by the Convention;
c
“Enterprise” means the organ of the Authority referred to in Article 158(2) and Article 170 of the Convention;
d
“ representative ” means a representative of a member of the Authority attending meetings of the Assembly, the Council or organs of the Assembly or Council.
PART II
THE AUTHORITY
3
The Authority is an organisation of which the United Kingdom and other sovereign Powers are members.
4
The Authority (including the Enterprise) shall have the legal capacities of a body corporate.
5
The Authority, its property and assets shall enjoy immunity from suit and legal process, except to the extent that the Authority expressly waives this immunity in a particular case.
6
The Authority shall have the like inviolability in respect of its premises and archives as, in accordance with the 1961 Convention Articles, is accorded in respect of the official premises and archives of a diplomatic mission.
7
Within the scope of its official activities, the Authority, its assets and property, its income, and its operations and transactions, authorised by the Convention, shall have exemption from income tax, capital gains tax and corporation tax.
8
The Authority shall have the like relief from rates as in accordance with Article 23 of the 1961 Convention Articles is accorded in respect of the premises of a diplomatic mission.
9
The Authority shall have exemption from customs duties and taxes on the importation of goods for its official use in the United Kingdom.
10
The Authority shall have relief, under arrangements made by the Commissioners of Customs and Excise, by way of refund of customs duty paid on imported hydrocarbon oil (within the meaning of the Hydrocarbon Oil Duties Act 1979 ) or value added tax paid on the importation of such oil which is bought in the United Kingdom and used for the official purposes of the Authority, such relief to be subject to the compliance with the conditions as may be imposed in accordance with the arrangements.
11
The Authority shall have relief, under arrangements made by the Secretary of State, by way of refund of value added tax paid on the purchase of new motor vehicles of United Kingdom manufacture and of value added tax on the supply of any goods or services which are used for the official purposes of the Authority, such relief to be subject to compliance with the conditions as may be imposed in accordance with the arrangements.
PART III
THE ENTERPRISE
12
Artices 5 to 11 of this Order shall not apply to the Enterprise.
13
Except to the extent that the Enterprise shall have waived such immunity, the Enterprise shall have immunity from suit and legal process —
a
where the Enterprise has no office in the United Kingdom, has not appointed any agent in the United Kingdom for the purpose of accepting service or notice of process, has not entered into a contract for goods or services in the United Kingdom, has not issued securities in the United Kingdom and has not otherwise engaged in commercial activity in the United Kingdom;
b
in respect of all forms of seizure, attachment or execution before the delivery of final judgment against the Enterprise; and
c
in respect of the requisition, confiscation, expropriation or any other form of seizure of property or assets of the Enterprise wherever located and by whomsoever held.
PART IV
REPRESENTATIVES
14
1
Representatives shall enjoy immunity from suit and legal process with respect to acts performed by them in the exercise of their functions, except to the extent that the State which they represent expressly waives this immunity in a particular case.
2
Part IV of Schedule 1 to the Act shall not operate so as to confer any privilege or immunity on —
a
the official staff of a representative other than alternate representatives and advisers, or
b
the family of a representative.
3
Neither the preceding paragraphs of this Article nor Part IV of Schedule 1 to the Act shall operate so as to confer any privilege or immunity on any person as the representative of the United Kingdom or as a member of the official staff of such a representative or on any person who is a British citizen, a British Dependent Territories citizen, a British Overseas citizen, or a British National (Overseas).
PART IV
OFFICIALS
15
1
The Secretary-General and staff of the Authority shall enjoy immunity from suit and legal process with respect to acts performed by them in the exercise of their functions, except to the extent that the Authority expressly waives this immunity in a particular case.
2
The Secretary-General and staff of the Authority, who are not British citizens, British Dependent Territories citizens, British Overseas citizens, or British Nationals (Overseas) shall enjoy exemption from income tax in respect of emoluments received by them from the Authority.
3
Part IV of Schedule 1 to the Act shall not operate so as to confer any privilege or immunity on any member of the family of an official to whom this Article applies.
4
Paragraph (2) of this Article shall not apply to pensions and annuities paid by the Authority.
PART V
EXPERTS PERFORMING MISSIONS
16
Experts perfoming missions for the Authority who are not British citizens, British Dependent Territories citizens, British Overseas citizens, or British Nationals (Overseas) shall enjoy exemption from income tax in respect of emoluments received by them from the Authority.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Central Rating Lists (Amendment) Regulations 1996 and come into force on 31st March 1996.
2
In these Regulations, “the 1994 Regulations ” means the Central Rating Lists Regulations 1994 .
Amendment to the 1994 Regulations
2
1
The 1994 Regulations are amended by the insertion in Section II of Part 2 of the Schedule of the entry —
AGR & PWR Co. Limited Hereditaments (other than excepted hereditaments) wholly or mainly used for the purposes of the generation of electrical power from nuclear fuel, or for ancillary purposes
.
2
With effect from 1st April 1996 —
a
the designated person in respect of the description of hereditaments prescribed by regulation 5 of the 1994 Regulations in relation to The Sutton District Water Plc shall be East Surrey Water plc;
b
the designated person in respect of the description of hereditaments prescribed by regulation 5 of the 1994 Regulations in relation to North East Water plc shall be Northumbrian Water Ltd; and
c
Part 6 (water supply hereditaments) of the Schedule to the 1994 Regulations shall be amended by the deletion in the column headed “designated person” under the heading “II. PROVISION IN THE CENTRAL RATING LIST FOR ENGLAND” of the entries “The Sutton District Water Plc” and “North East Water plc”.
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,
Department of the Environment
4th March 1996
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State,
Welsh Office
6th March 1996


text:
1
This Order may be cited as the Northern Ireland Act 1974 (Interim Period Extension) Order 1996, and shall come into force forthwith.
2
The interim period specified by section 1(4) of the Northern Ireland Act 1974 shall continue until 16th July 1997.
P. B. B. Mayhew
One of Her Majesty’s Principal Secretaries of State
Northern Ireland Office
2nd July 1996


text:
Citation and commencement
1
This Order may be cited as the Bodmin and Wenford Light Railway Order 1996 and shall come into force on 2nd November 1996.
Interpretation
2
1
In this Order, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them —
“the Board” means the British Railways Board;
“the Board’s railway” means the railway or former railway of the Board described in Schedule 1 to this Order together with all lands and works relating thereto;
“the Bodmin Company” means the Bodmin and Wenford Railway plc whose registered office is at 6 Harleigh Road, Bodmin, Cornwall, PL31 1AQ;
“the Company” means Bodmin and Wenford Rail Freight Limited incorporated under the Companies Acts 1948 and 1981 whose registered office is at Bodmin General Station, Bodmin, Cornwall, PL31 1AQ;
“the Council” means the North Cornwall District Council;
“the lease” means any lease granted under paragraph (1) of article 6 of this Order, any extension of the same or any new lease of the railway or any part thereof granted under any statutory powers or provisions;
“the operators” means the body for the time being authorised pursuant to the powers of this Order and any lease or sub-lease hereunder to work any part of the railway or to exercise any powers of this Order; and
“the railway” means the railway authorised to be constructed and maintained by the operators pursuant to article 5 of this Order together with all lands and works relating thereto and, where any part of the said railway and works remains uncompleted, includes the site of that part.
2
In this Order all distances, lengths, measurements, durations and directions stated in any description of works, powers and lands shall be construed as if the words “or thereabouts” were inserted after each such distance, length, measurement, duration or direction.
Incorporation and modification of enactments
3
1
The following provisions of the Railways Clauses Consolidation Act 1845 shall be incorporated in this Order —
section 16 (works to be executed);
section 24 (penalty for obstructing construction of railway);
section 58 (company to repair roads used by them);
section 61 (company to make sufficient approaches and fences to such highways crossing on the level);
section 68 (maintenance of gates, bridges, fences, drains, watering places);
sections 71 (additional accommodation works by owners), except for the words “or directed by such justices to be made by the company” and “or, in case of difference, as shall be authorised by two justices”;
sections 72 and 73 (supplementary provisions relating to accommodation works);
section 75 (penalty on persons omitting to fasten gates);
sections 77 to 85E (provisions with respect to mines lying under or near the railway);
section 105 (carriage of dangerous goods on railway);
section 145 (penalties to be summarily recovered before two justices); and
section 154 (transient offenders).
2
The following provisions of the Railways Clauses Act 1863 shall be incorporated in this Order —
section 5 (trains not to be shunted, etc. over level crossings);
section 12 (signals, watchmen, etc.).
3
This Order shall be deemed to be the special Act for the purposes of the said incorporated provisions.
Transfer of rights, etc. from Board
4
Except as may be otherwise provided in this Order, as from the coming into force of this Order the railway or any part thereof shall be subject to all statutory and other provisions applicable to the Board’s railway (insofar as the same are still subsisting and capable of taking effect) and the Council shall, subject to articles 6 and 7 below, to the exclusion of the Board be entitled to the benefit of and to exercise all rights, powers and privileges and be subject to all obligations statutory or otherwise relating to the Board’s railway (insofar as the same are still subsisting and capable of taking effect) to the intent that the Board shall be released from all such obligations.
Power to construct railway
5
1
The operators may on the line of the Board’s railway construct and maintain a railway with all the necessary works and conveniences connected therewith and work the same as a light railway for the carriage of freight only under the Act and in accordance with the provisions of this Order.
2
The railway will be laid on the same levels as, and within the existing formation of, the Board’s railway.
Leasing of railway to Company
6
1
The Council may lease to the Company the railway or any part thereof together with the rights, interests, powers, privileges and obligations vested in the Council by article 4 of this Order on such terms and conditions as may be agreed between the Council and the Company.
2
During the continuance of the lease the Company shall, subject to article 7 below, to the exclusion of the Council be entitled to the benefit of and to exercise all rights, interests, powers and privileges and be subject to all obligations statutory or otherwise as are transferred to or conferred on the Council by this Order and are for the time being in force in respect of the railway or such part thereof as is comprised in the lease.
Sub-letting of railway to Bodmin Company
7
1
During the continuance and subject to the terms of the lease the Company may sub-let to the Bodmin Company the railway or any part thereof together with the rights, interests, powers, privileges and obligations vested in the Company in accordance with article 6 above on such terms and conditions as may be agreed between the Company and the Bodmin Company.
2
During the continuance of any sub-lease granted under paragraph (1) above the Bodmin Company shall to the exclusion of the Company be entitled to the benefit of, and to exercise all such rights, interests, powers and privileges and be subject to all such obligations of the Company whether statutory or otherwise as are transferred to or conferred on the Company pursuant to article 6 above and are for the time being in force in respect of the railway or such part thereof as is comprised in the sub-lease.
Gauge of railway and motive power
8
1
The railway shall be constructed and operated on the standard gauge of 1435 millimetres (4 feet 8½ inches) and, subject to the provisions of this article, the motive power shall be steam, diesel-electric, diesel, internal combustion, electric-battery or such other motive power as the Secretary of State may approve.
2
Nothing in this Order shall authorise the use of electrical power as motive power on the railway unless such power is obtained from storage batteries or from a source of generation entirely contained in and carried along with the engines and carriages.
3
If electrical power is used as motive power on the railway, such electrical power shall not be used in such a manner as to cause or be likely to cause any interference with any telecommunications apparatus (as defined in Schedule 2 to the Telecommunications Act 1984 or with telecommunication by means of such apparatus.
Level crossings
9
1
The operators may in the construction of the railway carry the same with a single line of rails across and on the level of the roads and footpaths mentioned in column 1 of Schedule 2 below, and situated in the local authority areas, and at the locations, mentioned respectively in columns 2 and 3 of that Schedule.
2
Notwithstanding anything in any enactment and except as hereinafter provided: —
a
the operators shall not be required to erect or maintain a station or lodge or to provide keepers at any of the said level crossings;
b
the operators shall provide, maintain and operate, at each level crossing mentioned in Part I of Schedule 2 below, the signs and other devices and appliances specified in the Part of Schedule 3 below relating to that crossing, and shall observe the conditions and requirements so specified in relation to the use and operation of that crossing;
c
the operators shall provide, at each level crossing mentioned in Part II of Schedule 2 below, the signs specified in Schedule 4 below.
3
In Schedule 3 to this Order —
a
references to “the Regulations” are references to the Traffic Signs Regulations and General Directions 1994 ;
b
references to Class I retro-reflecting material are to Class I retro-reflecting material as defined in British Standard 873 part 6 or an equivalent standard;
c
references to “the specified road” are references to the road to be crossed by the railway at the relevant crossing.
Signed by authority of the Secretary of State for Transport
R A Allan
An Under Secretary,
Department of Transport
1st November 1996


text:
Citation and commencement
1
This Order may be cited as the Local Authorities (Goods and Services) (Public Bodies) (The Julie Rose Stadium) Order 1996 and shall come into force on 1st November 1996.
Designation of public body
2
The Julie Rose Stadium, being a person appearing to the Secretary of State to be exercising functions of a public nature, shall be a public body for the purposes of the Local Authorities (Goods and Services) Act 1970.
Signed by authority of the Secretary of State
Paul Beresford
Parliamentary Under-Secretary of State,
Department of the Environment
2nd October 1996
Signed by authority of the Secretary of State
Gwilym Jones
Parliamentary Under-Secretary of State,
Welsh Office
3rd October 1996


text:
Commencement and citation
1
This Order may be cited as The A205 Trunk Road (Richmond and Wandsworth) Red Route Traffic Order 1996, and shall come into force on 3rd September 1996.
Interpretation
2
In this Order —
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway”has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person”, “disabled person’s badge”and “disabled person’s vehicle”have the same meanings as in regulation 2(1) of the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position”in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route”means the lengths of road specified in column 2 of the table in schedule 1;
f
“vehicle”includes part of a vehicle; and
g
an entry in column (3) , (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule.
General prohibition of stopping
3
1
Subject to the provisions of paragraphs (2) and (3) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop in the trunk road red route during the restricted hours.
2
Subject to the provisions of paragraph (3) of this article, and of articles 5(1), 8 and 9, no person shall cause any vehicle to stop at any time in any lengths of the trunk road red route specified in schedule 4.
3
The controls specified in paragraphs (1) and (2) of this article do not apply in respect of any area of the trunk road red route specified in schedule 2A.
4
In this article “the restricted hours”means, in relation to a length of the trunk road red route specified in an item in column (2) of the table in schedule 1, the hours specified in that item in column (3) of that table.
Exemptions for parking
4
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
Miscellaneous exemptions for parking
5
1
Licensed taxi cabs: The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to be parked at the edge of the carriageway on a length of road specified in schedule 2D.
2
Coaches: The controls specified in article 3(1) do not apply in respect of a person causing a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver) or a local bus (as defined in article 8(4)) not so constructed or adapted, to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2E during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
3
Doctors' vehicles: The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2F during the hours specified in column (3) in that item, provided that —
a
there is displayed in the windscreen of the vehicle a badge issued by, or with the authority of, the Traffic Director for London to a medical practitioner, and which specifies —
i
the name of the person to whom it was issued, and
ii
the premises in relation to which it applies; and
b
the vehicle was parked by, or with the permission of, the person whose name is specified on the badge and for so long only as the person who parked the vehicle is engaged in work at the premises specified on the badge.
4
Solo motor bicycles: The controls specified in article 3(1) do not apply in respect of a person causing a motor bicycle without a side-car to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2G during the hours specified in column (3) in that item.
Exemptions for loading and unloading
6
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which is being loaded or unloaded to stop at the edge of the carriageway on a length of road specified in an item in column (2) of the tables in schedules 3A and 3B during the hours specified in column (3) in that item for as long as is needed to load or unload the vehicle or 20 minutes, whichever is the less, provided that not less than 20 minutes has elapsed since the vehicle was last parked on any part of the same length of road.
Exemptions for disabled persons
7
1
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item.
2
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2C during the hours specified in column (3) in that item.
3
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which displays a disabled person’s badge in the relevant position, and a parking disc on which is shown the time at which the period of parking began, to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item, for a period of up to 3 hours not being a period separated by an interval of less than 1 hour from a previous period when that vehicle was parked in that length of road.
Exemptions at bus stops and stands
8
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to which this article applies to stop at a bus stop (being an area of road bounded by a traffic sign which includes the words “bus stop”) for so long only as may be required to enable passengers to get on or off the vehicle or, in the case of a vehicle being used to provide a local service, for so long only as may be required for a change of crew.
2
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used to provide a local service to stop at a bus stand (being an area of road bounded by a traffic sign which includes the words “bus stand”) for so long only as may be required for timetabling reasons.
3
This article applies —
a
before 1 January 1997 to
i
a public service vehicle used for the provision of a local service or a scheduled express service,
ii
a school bus, and
iii
a works bus; and
b
after 31 December 1996 to
i
a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver), and
ii
a local bus not so constructed or adapted.
4
In this article “local bus”, “local service”, “scheduled express service”, “school bus”and “works bus”have the meanings given to those expressions in regulation 4 of the Traffic Signs Regulations and General Directions 1994 .
Other exemptions
9
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to stop if that person is —
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) and (2) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) and (2) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Revocation or variation of existing Orders
10
The A205 Trunk Road (Richmond and Wandsworth) Red Route Experimental Traffic Order 1995 , The A205 Trunk Road (Richmond and Wandsworth) Red Route Experimental Traffic Order 1995 Amendment Order 1995 , The A205 Trunk Road (Richmond and Wandsworth) Red Route Experimental Traffic Order 1995 (Amendment No. 1) Order 1996 , The London Borough of Richmond upon Thames (Waiting and Loading Restrictions) Order 1994 and The Wandsworth (Waiting and Loading Restrictions) Order 1976 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
20th August 1996


text:
1
This Instrument may be cited as “The County Council of Norfolk (Reconstruction of Acle Wey Bridge — Temporary 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 County Council of Norfolk (Reconstruction of Acle Wey Bridge — Temporary Bridge) Scheme 1995 (“the Scheme”) is hereby confirmed with modifications.
3
The Scheme as confirmed is set out in the Schedule hereto and copies of the Scheme with its accompanying 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 County Council of Norfolk at County Hall, Martineau Lane, Norwich, NR1 2DH.
Signed by authority of the Secretary of State for Transport
Pamela Denham
Regional Director Government Office for the North East
30th January 1996


text:
Citation and commencement
1
This Order may be cited as the Disabled Facilities Grants and Home Repair Assistance (Maximum Amounts) Order 1996 and shall come into force on 17th December 1996.
Maximum amount of disabled facilities grant
2
Subject to article 3, where a local housing authority must approve an application for disabled facilities grant by virtue of section 23(1) of the Housing Grants, Construction and Regeneration Act 1996 (mandatory disabled facilities grant), the maximum amount which the authority may pay in respect of the application shall be —
a
£20,000 if the dwelling or building is in England, and
b
£24,000 if it is in Wales.
Grant in excess of maximum
3
In a case falling within article 2, the local housing authority may, if they think fit, pay a further amount in excess of the maximum provided for in that article.
Home repair assistance — maximum amount for one application
4
Subject to article 5, the total amount or value of home repair assistance which may be given on any one application shall be calculated as follows —
a
if the assistance is wholly or partly in the form of the provision of materials, the total value of those materials shall not exceed £2,000; and
b
if the assistance is wholly or partly in the form of a grant, the total amount of the grant shall be the lesser of —
i
a sum equal to the cost shown to the authority to have been reasonably incurred by the applicant in respect of the works; and
ii
£2,000 less the value of any assistance given in the form of the provision of materials.
Home repair assistance: maximum amount in any three year period
5
The total amount or value of home repair assistance that may be given in respect of the same dwelling, house-boat or mobile home in any period of three years is £4,000.
Application
6
This Order shall not have effect in relation to an application for a grant which is made before this Order comes into force in a case where —
a
the application is for a disabled facilities grant; or
b
sections 112 or 113 of the Local Government and Housing Act 1989 apply to the application.
David Curry
Minister of State,
Department of the Environment
15th November 1996
William Hague
Secretary of State for Wales
18th November 1996


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


text:
Commencement and citation
1
This Order may be cited as the A406 Trunk Road (North Circular Road, Ealing) Red Route (Prescribed Routes and Turns No 1) Experimental Traffic Order 1996, and shall come into force on 22nd April 1996.
Interpretation
2
In this Order —
a
causing includes permitting; and cause shall be construed accordingly;
b
“Uxbridge Road” means the length of the A4020 in the London Borough of Ealing between The Mall and High Street;
c
“traffic island 1” and “traffic island 2” mean respectively the northern and southern traffic island sites situated in the eastbound carriageway of Uxbridge Road adjacent to and immediately west of the junction of Uxbridge Road and the northbound carriageway of the A406 Hanger Lane; and
d
“traffic island 3” and “traffic island 4” mean respectively the northern and southern traffic island sites situated in the westbound carriageway of Uxbridge Road adjacent to and immediately east of the junction of Uxbridge Road and the southbound carriageway of the A406 Gunnersbury Avenue.
Prescribed Routes and Turns
3
Save as provided in 4 below;
a
no person causing a vehicle to proceed eastwards in Uxbridge Road on the north of traffic island 1 shall cause that vehicle to turn right into Gunnersbury Avenue or left into Hanger Lane;
b
no person causing a vehicle to proceed eastwards in Uxbridge Road between traffic islands 1 and 2 shall cause that vehicle to turn left into Hanger Lane or to proceed eastwards across Gunnersbury Avenue;
c
no person causing a vehicle to proceed westwards in Uxbridge Road between traffic islands 3 and 4, shall cause that vehicle to turn left into Gunnersbury Avenue or to proceed westwards across Gunnersbury Avenue;
d
no person causing a vehicle to proceed westwards in Uxbridge Road on the south of traffic island 4 shall cause that vehicle to turn right into Hanger Lane.
4
The provisions of article 3 shall not apply —
a
to anything done with the permission or at the direction of a police constable in uniform or a traffic warden; or
b
to a vehicle being used for fire brigade, ambulance or police purposes.
Power to modify or suspend this Order
5
If it appears to the Traffic Director for London, or some person authorised by him, essential in the interests of the expeditious, convenient and safe movement of traffic, or for preserving or improving the amenities of the area through which any road affected by this order runs, and after consulting with the Commissioner of Police of the Metropolis, he may modify or suspend any provision of this Order, save that no modification shall make an addition.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
11 April 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1996 and shall come into force on 8th April 1996.
2
In this Order, “the principal Order ” means the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983.
Amendment of article 18 of the principal Order
2
In article 18 of the principal Order (unemployability allowances) in paragraph (2) for the amount “£2,288” there shall be substituted the amount “£2,366”.
Amendment of article 29 of the principal Order
3
In article 29 of the principal Order (pensions to widows) in paragraph (1A) for the amount “£49.77” there shall be substituted the amount “£51.71”.
Amendment of article 42 of the principal Order
4
The heading of article 42 of the principal Order (marriage of female persons) shall be changed to “Effects of marriage and living together” and article 42 shall be amended as follows —
a
in paragraph (3) for the words “paragraphs (4) and (7)” there shall be substituted the words “paragraph (7)”;
b
paragraph (4) shall be omitted; and
c
in paragraph (6) for the words “paragraphs (3) and (4)” there shall be substituted the words “paragraph (3)”.
Amendment of Schedules to the principal Order
5
1
In Schedule 1 to the principal Order (rates of retired pay, pensions, gratuities and allowances) —
a
for the Table in Part II there shall be substituted the Table set out in Schedule 1 to this Order;
b
for Tables 1 and 2 of Part III there shall respectively be substituted the Tables set out in Schedules 2 and 3 to this Order; and
c
for Part IV there shall be substituted the Part set out in Schedule 4 to this Order.
2
In Schedule 2 to the principal Order (rates of pensions and allowances in respect of death) —
a
for Tables 1, 2, 3, 4 and 5 of Part II there shall be substituted the Tables set out in Schedule 5 to this Order;
b
for Part III there shall be substituted the Part set out in Schedule 6 to this Order.
N. H. Nicholls
Clerk of the Privy Council