text:
PART I
PRELIMINARY
Title and commencement
1
This Order may be cited as the Bovine Spongiform Encephalopathy Order 1996 and shall come into force on 1st August 1996.
Extension of definition of “disease”
2
For the purposes of the Act the definition of “disease” in section 88(1) of the Act is hereby extended so as to comprise bovine spongiform encephalopathy.
Extension of definitions of “animals” and “poultry”
3
For the purposes of the Act in its application to this Order —
a
the definition of “animals” in section 87(1) of the Act is hereby extended so as to comprise —
i
any kind of mammal except man, and
ii
any kind of four-footed beast which is not a mammal; and
b
the definition of “poultry” in section 87(4) of the Act is hereby extended so as to comprise birds of every species.
Interpretation
4
1
In this Order, unless the context otherwise requires —
“the Act” means the Animal Health Act 1981;
“affected animal” means a bovine animal which is affected with the disease;
“bovine animal” means a bull, cow, steer, heifer or calf;
“the disease” means bovine spongiform encephalopathy;
“the Divisional Veterinary Manager” means the veterinary inspector appointed for the time being by the Minister to receive information about affected or suspected animals, or the carcases of such animals, for the area in which such animals or carcases are;
“feeding stuff” has the meaning given by section 66(1) of the Agriculture Act 1970 ;
“fertiliser” has the meaning given by section 66(1) of the Agriculture Act 1970;
“knacker’s yard” means any premises used for the commercial slaughter or killing of animals, the flesh of which is not intended for human consumption, including any associated facilities for moving or lairaging such animals;
“livestock” means any creature, including a fish, kept for production of food, wool, skin or fur, any creature other than a dog kept for use in the farming of land and any equine animal;
“mammalian meat and bone meal” means mammalian protein derived from the whole or part of any dead mammal by rendering, or, in the case of an imported product, by an equivalent process;
“market” means a market, fairground, sale-yard or any other place where bovine animals are commonly exposed for sale;
“ MBM product” means any product containing mammalian meat and bone meal;
“premises” means all contiguous land and buildings occupied by a person, together with other land or buildings occupied by that person which use equipment in common with the contiguous land or buildings;
“production” includes the manufacture, mixing or packaging of any product, together with ancillary storage and transport operations;
“protein” means any proteinaceous material which is derived from a carcase but does not include —
milk or any milk product;
dicalcium bone phosphate;
dried plasma or any other blood product;
gelatin; or
amino acids produced from hides and skins by a process which involves exposure of the material to acid of a pH lower than 2 followed by alkali of a pH greater than 11 and heat treatment at a minimum of 140°C for 30 minutes at a pressure of 3 bar;
“rendering” has the meaning given in the Animal By-Products Order 1992 ;
“research establishment” means an establishment carrying out research into the disease;
“sell” includes have in possession for sale and offer or expose for sale;
“slaughterhouse” means any building, premises or place for slaughtering animals, the flesh of which is intended for sale for human consumption, and includes any place available in connection with such a place for the confinement of animals while awaiting slaughter there;
“suspected animal” means a bovine animal which is suspected of being affected with the disease; and
“veterinary surgeon” means a person registered in the register of veterinary surgeons or in the supplementary veterinary register.
2
Any reference in this Order —
a
to a numbered article is a reference to the article bearing that number in this Order; and
b
to a lettered form is a reference to the Form bearing that letter in the Schedule to this Order.
3
For the purposes of this Order, material shall be treated as a feeding stuff whether it is used or intended for use as a feeding stuff by itself or as an ingredient in something which is so used or intended for such use.
PART II
AFFECTED AND SUSPECTED ANIMALS
Notification of disease in bovine animals
5
1
A person who has in his possession or under his charge an affected or a suspected animal, or the carcase of such an animal, and any veterinary surgeon or other person who, in the course of his duties, examines or inspects any such animal or carcase shall, with all practicable speed, notify the fact to the Divisional Veterinary Manager.
2
A person who has in his possession or under his charge on any premises an affected or a suspected animal, or the carcase of such an animal, shall detain it on the premises until it has been examined by a veterinary inspector.
3
A person who, in the course of a laboratory examination of the carcase of an animal, reasonably suspects the presence of bovine spongiform encephalopathy, shall —
a
with all practicable speed, notify the fact to the Divisional Veterinary Manager;
b
retain the sample examined and the remainder of the carcase until its disposal has been authorised in writing by a veterinary inspector; and
c
if required in writing to do so by a veterinary inspector, surrender any samples, in whatever form, to such an inspector.
4
Paragraph (3) above shall not apply to any bovine spongiform encephalopathy which has been introduced deliberately into an animal, a carcase or a sample in a laboratory.
Veterinary enquiry as to existence of disease and requirements relating to affected or suspected animals
6
1
If a veterinary inspector has reasonable grounds for supposing that the disease exists, or has within 56 days existed, on any premises, he shall, with all practicable speed, take such steps as may be necessary to establish the correctness of that supposition.
2
For the purposes of such an enquiry a veterinary inspector may —
a
examine any bovine animal or carcase on the premises;
b
make such tests and take such samples from any bovine animal or carcase on the premises as he may consider necessary for the purpose of diagnosis; and
c
mark for identification purposes any bovine animal or carcase on the premises.
3
The occupier of the premises and his employees, and any person who is or has been in possession or charge of any animal or carcase which is or has been on the premises, shall —
a
provide such reasonable facilities and comply with such reasonable requirements as are necessary for the purposes of the enquiry; and
b
if so required by an inspector of the Minister, or by an officer of the appropriate Minister, give such information as he possesses as to —
i
any animal or carcase which is or has been on the premises;
ii
any other animal or carcase with which any animal or carcase which is or has been on the premises may have come into contact; and
iii
the location and movement of any animal or carcase which is or has been in his possession or charge.
4
If, on completion of the enquiry, the veterinary inspector is of the opinion that there is an affected or a suspected animal, or the carcase of such an animal, on the premises, he shall serve a notice in Form A on the owner or person in charge of that animal or carcase.
5
Subject to paragraph (6) below, a notice in Form A shall remain in force for a period of 28 days from the date specified in the notice unless —
a
before or on the day on which the notice in Form A was due to expire, it is renewed for a further period of 28 days beginning with the day on which it would otherwise have expired by a further notice in writing served by a veterinary inspector on the owner or person in charge of such animal or carcase; or
b
the animal or carcase to which the notice in Form A relates has been removed from the premises under the authority of a licence issued by a veterinary inspector.
6
Any notice in Form A which has been renewed under paragraph (5)(a) above may be further renewed from time to time by a veterinary inspector in a similar manner and for a similar period.
7
A notice in Form A may at any time be withdrawn by a notice in Form B served by a veterinary inspector on the owner or person in charge of the animal or carcase to which the notice in Form A relates.
8
On the service of a notice in Form A the requirements contained in that notice shall have effect.
Restrictions on movement of other bovine animals
7
1
If a veterinary inspector has reasonable grounds for supposing that the movement from any premises of any bovine animal, other than an affected or suspected animal, may give rise to the risk of the spread of the disease, he may, by notice in writing served on the owner or person in charge of the animal, prohibit the movement of the animal from the premises, except under the authority of a licence issued by an officer of the appropriate Minister and in accordance with any conditions subject to which the licence is issued.
2
A notice served under paragraph (1) above shall continue in force until withdrawn by a further notice in writing served by a veterinary inspector on the owner or person in charge of the animal to which the notice served under paragraph (1) relates.
Cleansing and disinfection
8
1
A veterinary inspector may serve on the occupier of any premises on which there is, or has within 56 days been, an affected or suspected animal, or the carcase of such an animal, a notice requiring him to cleanse and disinfect, at his own expense and in such a manner and within such period as may be specified in the notice —
a
all or any part of the premises; or
b
any equipment or any other thing used in connection with any such animal or carcase.
2
If any person on whom a notice is served under paragraph (1) above fails to comply with the requirements of the notice, an inspector may, without prejudice to any proceedings arising out of such default, carry out or cause to be carried out the requirements of the notice, and the amount of any expenses reasonably incurred by the inspector in doing so shall be recoverable from the person in default by the appropriate Minister or the local authority, as the case may be.
Application of section 32 of the Act to the disease and notice of intended slaughter
9
1
Section 32 of the Act, which enables the Minister to cause animals to be slaughtered on account of disease, shall apply to the disease.
2
Where the Minister proposes to cause an affected or suspected animal to be slaughtered under the powers conferred on him by section 32 of the Act in its application to the disease, a veterinary inspector shall serve a notice of intended slaughter in Form C on the owner or person in charge of the animal.
Seizure of carcases
10
1
For the purpose of preventing the spread of the disease an inspector may seize, destroy or dispose of any carcase.
2
For the purpose of determining the amount of compensation payable by the Minister under section 36(1)(b) of the Act for a carcase seized under paragraph (1) of this article (being, in accordance with section 36(3) of the Act, its value at the time of seizure) the value of such carcase shall be ascertained in a similar manner to that in which the value of an animal or bird slaughtered, or liable to be slaughtered, under the Act is to be ascertained under the Diseases of Animals (Ascertainment of Compensation) Order 1959 , and as if the references in that Order to an animal or bird included references to a carcase.
3
Compensation shall be paid by the Minister for carcases affected with the disease being carcases seized for the purpose of preventing the spread of the disease.
Prohibition of sale, supply and use of milk from affected or suspected animals
11
1
Subject to paragraph (2) below, no person shall knowingly —
a
sell or supply for human consumption or for feeding to an animal or poultry;
b
use in the manufacture of any product for sale or supply for human consumption or for feeding to an animal or poultry; or
c
feed to an animal or poultry,
any milk which he knows or has reason to suspect has been produced by an affected or a suspected animal.
2
The prohibitions in paragraph (1) above shall not apply —
a
to the feeding to its own calf of any milk produced by a cow; or
b
to the feeding to an animal or poultry of any milk for research purposes in a research establishment under the authority of a licence issued by a veterinary inspector of the Minister and in accordance with any conditions subject to which the licence is issued, or to the sale or supply to a research establishment for such purposes.
PART III
MAMMALIAN PROTEIN AND MAMMALIAN MEAT AND BONE MEAL
Mammalian protein
12
1
Subject to paragraph (2) below, no person shall —
a
knowingly sell or supply for feeding to ruminant animals any feeding stuff in which he knows or has reason to suspect that any mammalian protein has been incorporated;
b
feed to a ruminant animal any feeding stuff in which he knows or has reason to suspect that any mammalian protein has been incorporated;
2
The prohibitions in paragraph (1) above shall not apply to the feeding to an animal of any feeding stuff for research purposes in a research establishment under the authority of a licence issued by a veterinary inspector of the Minister and in accordance with any conditions subject to which the licence is issued, or to the sale or supply of any feeding stuff to a research establishment for such purposes.
Mammalian meat and bone meal
13
1
Subject to paragraphs (5) and (6) below, no person shall —
a
sell or supply for incorporation into any feeding stuff for livestock any mammalian meat and bone meal;
b
use any mammalian meat and bone meal in the production of any feeding stuff for livestock;
c
sell or supply for feeding to livestock any feeding stuff in which any mammalian meat and bone meal has been incorporated; or
d
feed to livestock any feeding stuff in which any mammalian meat and bone meal has been incorporated.
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 unless —
a
the ingredients of the feeding stuff for livestock are stored, and the feeding stuff is produced and stored, in a separate building from that in which any mammalian meat and bone meal or MBM product is stored and used; and
b
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 MB product or any ingredient or equipment used with mammalian meat and bone meal or an MBM product.
3
Subject to paragraphs (5) to (8) below, no person shall have in his possession any mammalian meat and bone meal or any MBM product on any premises where —
a
any livestock is kept;
b
any feeding stuff for livestock is produced; or
c
any feeding stuff for livestock is stored but not produced.
4
Subject to paragraphs (6) and (8) below, no person shall transport any mammalian meat and bone meal or any MBM product in any vehicle in which any feeding stuff for livestock is being transported.
5
The prohibitions in paragraphs (1) and (3) above shall not apply to the feeding to an animal of any feeding stuff for research purposes in a research establishment under the authority of a licence issued by a veterinary inspector of the Minister and in accordance with any conditions subject to which the licence is issued, or to the sale or supply of any feeding stuff to a research establishment for such purposes or to the possession of a feeding stuff at such an establishment for such purposes.
6
In any proceedings for an offence under paragraphs (1) to (4) above it shall be a defence for any person charged to prove —
a
that he did not know or have reason to suspect that the material in question was mammalian meat and bone meal or contained mammalian meat and bone meal; and
b
that he had taken all reasonable steps to ensure that it was not and did not contain mammalian meat and bone meal.
7
In any proceedings for an offence under paragraph (3)(a) or (c) above in relation to any MBM product it shall be a defence for any person charged to prove —
a
in the case of an offence under paragraph (3)(a), that the MBM product was in his possession solely for feeding to a pet of a species which is not commonly used as livestock in the United Kingdom or to a working dog or for use as a fertiliser on a domestic garden or for house plants;
b
in the case of an offence under paragraph (3)(c), that both the MBM product and the feeding stuff for livestock were offered for sale on those premises;
c
that the MBM product was stored and used in a place which was physically separated from any place where feeding stuff for livestock was stored or to which such animals had access; and
d
that adequate precautions were taken to ensure that no equipment used with the MBM product was used with the feeding stuff for livestock.
8
In any proceedings for an offence under paragraph (3)(a) or (c) or (4) above it shall be a defence for any person charged to prove that at all material times, both the mammalian meat and bone meal or MBM product (as the case may be) and the feeding stuff for livestock were securely packaged and that no spillage or leakage took place.
Cleansing and disinfection
14
1
Any person who produces mammalian meat and bone meal or any MBM product shall ensure the thorough cleansing and disinfection of any premises or equipment used for such production before they are used for any other purpose except the production of a fertiliser that is not for use on agricultural land within the meaning of the Fertilisers (Mammalian Meat and Bone Meal) Regulations 1996 .
2
Subject to paragraphs (3) and (4) below, any person who stores or transports mammalian meat and bone meal or an MBM product, or who makes any arrangement for such storage or transport, shall ensure the thorough cleaning and disinfection of any premises, vehicle or equipment used for such storage or transport as soon as possible after the storage or transport ceases and in any event before they are used for any other purpose.
3
It shall be a defence for any person charged with an offence under paragraph (2) above to prove that at all material times the mammalian meat and bone meal or MBM product (as the case may be) was securely packaged and that no spillage or leakage took place.
4
It shall be a defence for any person charged with an offence under paragraph (2) above by virtue of any arrangement made by him, to show that he took all reasonable steps to ensure that the premises, equipment or vehicle in question were thoroughly cleaned and disinfected in accordance with that paragraph.
5
An inspector may serve on the occupier of any premises or on the owner or operator of any vehicle or equipment on or in which there is, or has within 56 days been —
a
any mammalian meat and bone meal; or
b
any MBM product,
a notice requiring him to cleanse and disinfect, at his own expense and in such a manner and within such period as may be specified in the notice, all or any part of the premises or vehicle or any equipment or any other thing used in connection with any such mammalian meat and bone meal or MBM product.
6
If any person on whom a notice is served under paragraph (5) above fails to comply with the requirements of the notice, an inspector may, without prejudice to any proceedings arising out of such default, carry out or cause to be carried out the requirements of the notice, and the amount of any expenses reasonably incurred by the inspector in doing so shall be recoverable from the person in default by the appropriate Minister or the local authority, as the case may be.
Disposal and recall of mammalian meat and bone meal and MBM products
15
1
An inspector may serve on any person in whose possession mammalian meat and bone meal or any MBM product is found a notice requiring that person to dispose of the material, and any other material with which it has come into contact, in such manner and within such period as may be specified in the notice.
2
An inspector may serve on any person who has sold or supplied any feeding stuff the sale or supply of which is prohibited by article 13(1) a notice requiring that person to collect at his own expense that product from the person to whom he supplied or sold it, or from such other person to whom it may have subsequently been supplied or sold, and to transport it to such place and within such time as may be specified in the notice.
3
If any person on whom a notice is served under paragraph (1) or (2) above fails to comply with the requirements of the notice, an inspector may, without prejudice to any proceedings arising out of such default, carry out or cause to be carried out the requirements of the notice, and the amount of any expenses reasonably incurred by the inspector in doing so shall be recoverable from the person in default by the appropriate Minister or the local authority, as the case may be.
Records relating to mammalian meat and bone meal
16
1
Any person who consigns mammalian meat and bone meal shall keep for two years from the date of consignment (or, in the case of material produced outside the United Kingdom, for two years from the date on which it was imported into the UK ) a record indicating —
a
the date of consignment;
b
the weight consigned;
c
the destination of the consignment;
d
the name and address of the consignee;
e
the registration number of the vehicle in which the consignment is transported; and
f
the name and address of the operator of that vehicle.
2
Any person receiving a consignment of mammalian meat and bone meal shall keep for two years from the date of receipt of the consignment a record indicating —
a
the date on which it was received;
b
its weight on receipt;
c
the place from which it was consigned;
d
the name and address of the person by whom it was consigned;
e
the registration number of the vehicle in which it was consigned; and
f
the name and address of the operator of that vehicle.
3
Any person receiving a consignment of mammalian meat and bone meal shall keep for two years from the date of any use, disposal or further consignment a record indicating —
a
in the case of any use, details of each use, the weight of any part of the consignment incorporated into a product and the nature and date of manufacture of any such product;
b
in the case of disposal, the weight disposed of, the date of such disposal, and the place in which, method by which and name of the person by whom it was disposed of; and
c
in the case of further consignment, the information required by paragraph (1) above.
4
Any person who controls a vehicle in which mammalian meat and bone meal is transported shall keep, for two years from the date on which transport of a particular consignment of such material commenced (or, in the case of an import, from the date on which that material entered the United Kingdom), a record of —
a
the person and place from which that consignment was transported;
b
the date on which it was collected from that person;
c
its weight;
d
the registration number, and the name and address of the driver, of the vehicle in which it was transported;
e
the person and place to which it was to be or was delivered; and
f
the date or intended date of delivery to that person.
5
The driver of a vehicle in which a consignment of mammalian meat and bone meal is transported shall have a document recording the information required by paragraph (4) above in his possession at all times when he is in charge of that vehicle.
6
In relation to a vehicle not having a registration number, the requirement to keep a record of the registration number pursuant to paragraphs (1)(e), (2)(e) and (4)(d) above shall be a requirement to keep such details as permit the identification of the vehicle in which the consignment was transported.
PART IV
OFFENCES AND ENFORCEMENT
Sampling
17
Where an inspector has reasonable grounds for supposing that any of the provisions of article 12 or 13 have not been or are not being complied with, he may take from any protein or feeding stuff such samples as he considers necessary in order to establish the correctness of that supposition.
Production of licences
18
Where an animal or carcase is being moved under the authority of a licence issued under this Order the person in charge of the animal or carcase being so moved shall carry the licence during the authorised movement and shall, on demand made by an inspector or by a member of a police force, produce the licence and allow a copy or extract to be taken, and shall also, on such demand, furnish his name and address.
Offences
19
Any person who, without lawful authority or excuse, proof of which shall lie on him —
a
defaces, obliterates or removes any mark applied to any bovine animal or carcase under article 6(2)(c);
b
contravenes or fails to comply with article 5(1), (2) or (3), 6(3), 11(1), 12(1), 13(1), (2), (3) or (4), 14(1) or (2), 16(1), (2), (3), (4) or (5) or 18;
c
fails to comply with any notice served under article 6(4), 7(1), 8(1), 14(5) or 15(1) or (2);
d
fails to comply with any condition of a licence issued under article 6(5)(b), 7(1), 11(2)(b), 12(2) or 13(5); or
e
knowingly causes or permits any such contravention or non-compliance,
commits an offence against the Act.
Enforcement
20
The provisions of this Order shall, except where otherwise provided, he executed and enforced by the local authority.
Revocation
21
The following instruments are hereby revoked —
a
the Bovine Spongiform Encephalopathy Order 1991 ; and
b
the Bovine Spongiform Encephalopathy (Amendment) Order 1996 .
Douglas Hogg
Minister of Agriculture, Fisheries and Food
31st July 1996
Lindsay
Parliamentary Under Secretary of State,
Scottish Office
31st July 1996
Signed by authority of the Secretary of State for Wales
Jonathan Evans
Parliamentary Under Secretary of State,
Welsh Office
31st July 1996


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Guaranteed Minimum Pensions Increase Order 1996 and shall come into force on 6th April 1996.
Increase of guaranteed minimum pensions
2
For the purposes of section 109(2) and (3) of the Pension Schemes Act 1993 the percentage by which there is to be an increase in the rate of that part of any guaranteed minimum pension which is attributable to earnings factors for the tax year 1988-89 and subsequent tax years shall be 3 per cent.
Signed by authority of the Secretary of State for Social Security.
Oliver Heald
Parliamentary Under-Secretary of State,
Department of Social Security
29th February 1996


text:
1
The length of trunk road described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be a trunk road as from the date on which the Secretary of State notifies the County Council of Denbighshire that the adjoining widened length of trunk road is open for through traffic.
2
In this Order: —
a
All measurements of distance are measured along the route of the relevant highway:
b
“the deposited plan” means the plan numbered HA10/2 WO118 marked “The Chester to Bangor Trunk Road (A55) (Pont Dafydd to Waen Improvement, Detrunking) Order 1996” signed by authority of the Secretary of State for Wales and deposited at the Welsh Office Repository, Curran Embankment, Cardiff.
3
This Order shall come into force on 11th September 1996 and may be cited as The Chester–Bangor Trunk Road (A55) (Pont Dafydd to Waen Improvement, Detrunking) Order 1996.
Signed by authority of the Secretary of State for Wales.
D. M. Timlin
A Grade 6 Officer in the Welsh Office
14th August 1996


text:
1
This Order may be cited as the A13 Trunk Road (Movers Lane Junction Improvement, Trunk Road And Slip Roads) Order 1996 and shall come into force on 27th November 1996.
2
In this Order:
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the main new road” means the new highway which the Secretary of State proposes to construct as part of the trunk road along the route described in Schedule 1 to this Order;
ii
“the new trunk roads” means the main new road and the slip roads;
iii
“the plan” means the plan folio numbered LRO 64/81/2/01, marked “The A13 Trunk Road (Movers Lane Junction Improvement, Trunk Road And Slip Roads) Order 1996”, signed by authority of the Secretary of State for Transport and deposited at the Department of Transport, Great Minster House, 76 Marsham Street, London SW1P 4DR;
iv
“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 will connect the main new road with other highways at the places stated in that Schedule; and
v
“the trunk road” means the A13 Trunk Road known locally as Alfreds Way (East Ham and Barking Bypass).
3
The main new road and the slip roads shall become trunk roads from the date when this Order comes into force.
4
The centre line 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
Director, Southern Operations Division 8th November 1996 Road Programme Directorate Highways Agency


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Health and Safety (Fees) Regulations 1996 and shall come into force on 29th November 1996.
2
In these Regulations, unless the context otherwise requires —
“approval” includes the amendment of an approval, and “amendment of an approval” includes the issue of a new approval replacing the original incorporating an amendment;
“employment medical adviser” means an employment medical adviser appointed under section 56(1) of the 1974 Act;
“the Executive” means the Health and Safety Executive;
“the mines and quarries provisions” means such of the relevant statutory provisions as relate exclusively to —
mines and quarries within the meaning of section 180 of the Mines and Quarries Act 1954 ;
tips within the meaning of section 2(1) of the Mines and Quarries (Tips) Act 1969 ;
and includes regulations, rules and orders relating to a particular mine (whether they are continued in force by regulation 7(3) of the Mines and Quarries Acts 1954 to 1971 (Repeals and Modifications) Regulations 1974 or are health and safety regulations);
“original approval” and “original authority” do not include an amendment of an approval or an amendment of an authority;
“renewal of approval” or “renewal of licence” means respectively the granting of an approval or licence to follow a previous approval or licence without any amendment or gap in time; and
“respiratory protective equipment” includes any respirator and any breathing apparatus.
3
Unless the context otherwise requires, any reference in these Regulations to —
a
a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered;
b
a numbered paragraph is a reference to the paragraph so numbered in the regulation in which the reference appears.
Fees payable under the mines and quarries provisions
2
1
A fee shall be payable by the applicant to the Executive on each application for an original approval, an amendment of approval or a renewal of approval under any of the mines and quarries provisions.
2
The fee payable under paragraph (1) on application for such approval as is mentioned in column 1 of Part I of Schedule 1 shall be respectively that specified in the corresponding entry in column 2, 3 or 4 of that Part and shall be payable on making the application for approval, or, where any such entry specifies a fee as the reasonable cost to the Executive of having the work carried out, the fee so costed shall be payable prior to the notification of the result of the application.
3
Where the Executive requires testing to be carried out to decide whether approval can be granted, a fee shall be payable to the Executive by the applicant prior to the notification of the result of the application for the approval as described below —
a
in the case of explosives and detonators, for each test specified in column 1 of Part II of Schedule 1, the fee shall be that specified in the corresponding entry in column 2 of that Part;
b
in any other case, the fee shall be as set out in Part III of Schedule 1 (that is to say the reasonable cost to the Executive of having the testing carried out).
Fees for applications for approval of respiratory protective equipment
3
1
A fee shall be payable by the applicant to the Executive on each application for approval of respiratory protective equipment —
a
under the Factories Act 1961 , or any regulations made or having effect as if made under that Act;
b
under the Control of Lead at Work Regulations 1980 ;
c
under the Ionising Radiations Regulations 1985 ;
d
under the Control of Asbestos at Work Regulations 1987 ; and
e
under the Control of Substances Hazardous to Health Regulations 1994 .
2
The fee payable on application for approval of respiratory protective equipment shall be that specified in column 2 of Schedule 2 (that is to say the reasonable cost to the Executive of having the work, including any testing, carried out).
Fees payable under the Agriculture (Tractor Cabs) Regulations 1974
4
1
A fee shall be payable by the applicant to the Executive on each application for approval of plant and equipment under the Agriculture (Tractor Cabs) Regulations 1974 .
2
The fee payable on application for such an approval or revision of an approval as is described in column 1 of Schedule 3 shall be that specified in the corresponding entry in column 2 of that Schedule.
Fee payable under the Freight Containers (Safety Convention) Regulations 1984
5
1
A fee shall be payable by the applicant to the Executive on each application for approval of a scheme or programme for examination of freight containers under the Freight Containers (Safety Convention) Regulations 1984 .
2
The fee payable on application for the approval described in column 1 of Schedule 4 shall be that specified in column 2 of that Schedule.
Fee for application for a licence under the Asbestos (Licensing) Regulations 1983
6
1
A fee shall be payable by the applicant to the Executive on each application for a licence under the Asbestos (Licensing) Regulations 1983 .
2
The fee payable on application for a licence described in column 1 of Schedule 5 shall be that specified in column 2 of that Schedule.
Fees for examination or surveillance by an employment medical adviser
7
1
A fee shall be payable to the Executive by an employer in respect of a medical examination or medical surveillance of each of his employees by an employment medical adviser for the purposes of any provision specified in column 1 of Schedule 6.
2
The fee payable under paragraph (1) shall be a basic fee for each examination or on each occasion when surveillance is carried out together with additional fees for X-rays and laboratory tests where these are taken or carried out in connection with the examination; and for each provision specified in column 1 of Schedule 6 —
a
the basic fee shall be the amount specified in column 3 of that Schedule for that provision;
b
the additional fee for X-rays shall be the amount specified in column 4 of that Schedule for that provision and shall cover all X-rays taken in connection with any one examination;
c
the additional fee for laboratory tests shall be the amount specified in column 5 of that Schedule for that provision and shall cover all such tests carried out in connection with any one examination.
3
Where an employment medical adviser carries out a medical examination of a self-employed person for the purposes of the Control of Asbestos at Work Regulations 1987, that self-employed person shall pay to the Executive fees ascertained in accordance with paragraph (2).
Fees for medical surveillance by an employment medical adviser under the Control of Lead at Work Regulations 1980
8
1
A fee shall be payable to the Executive by an employer in respect of medical surveillance of any of his employees by an employment medical adviser for the purposes of the Control of Lead at Work Regulations 1980 .
2
The fee payable for each item described in column 1 of Schedule 7 shall be that specified in the corresponding entry in column 2 of that Schedule.
Fees for applications for approval or reassessment of approval of dosimetry services and for type approval of radiation generators or apparatus containing radioactive substances under the Ionising Radiations Regulations 1985
9
1
A fee shall be payable by the applicant to the Executive on each application for an approval of dosimetry services or for the reassessment of an approval of dosimetry services previously granted for the purposes of the Ionising Radiation Regulations 1985 .
2
A fee shall be payable by the applicant to the Executive on each application for the type approval of a radiation generator or an apparatus containing a radioactive substance.
3
The fee payable for approval or reassessment or type approval in respect of each matter described in column 1 of Schedule 8 shall be that specified in the corresponding entry in column 2 of that Schedule.
4
A fee shall be payable by the applicant to the Executive where the Executive requires any work to be carried out by its nuclear or other specialist inspectors in connection with any application in respect of which a fee is payable by virtue of paragraph (1) or (2) and the fee for work in connection with each such matter described in column 1 of Schedule 8 shall be that specified in the corresponding entry in column 3 of that Schedule for each hour or part of an hour worked.
5
Where the Executive requires an inspection to be carried out in connection with any application mentioned in this regulation, a fee shall be payable by the applicant to the Executive of an amount equal to the reasonable cost of travelling and subsistence of any member of the Executive’s staff in connection with the inspection.
6
Any fee payable under paragraph (4) or (5) shall be payable prior to notification of the result of the application.
Fees payable under the Explosives Act 1875 and instruments made thereunder, under the Petroleum (Consolidation) Act 1928, the Petroleum (Transfer of Licences) Act 1936 and the Classification and Labelling of Explosives Regulations 1983
10
1
Where any application in relation to a provision specified in column 1 of Part I of Schedule 9 is made for a purpose specified in column 2 of that Part, the fee specified in the corresponding entry in column 3 of that Part shall be payable by the applicant to the Executive.
2
The fee or maximum fee payable under each provision specified in column 1 of Part II of Schedule 9 for the purpose described in the corresponding entry in column 2 shall be that specified in the corresponding entry in column 3 of that Part.
3
A fee shall be payable to the Executive where the Executive requires any work to be carried out by its specialist inspectors in connection with any application in respect of which a fee is payable by virtue of paragraph (1) for any purpose specified in column 2 of Part I of Schedule 9 for which there is a corresponding entry in column 4 of that Part, and the fee for work in connection with each such purpose shall be that specified in the corresponding entry in column 4 of that Part for each hour or part of an hour worked and such fee shall be payable prior to notification of the result of the application.
4
A fee shall be payable by the applicant to the Executive on each application being made for each purpose specified in column 1 of each of Parts III, IV , and V of Schedule 9, and the fee for each such purpose shall be that specified in the corresponding entry in column 2 in the respective Part.
5
A fee shall be payable to the Executive where the Executive requires any work to be carried out by its specialist inspectors in connection with any application in respect of which a fee is payable by virtue of paragraph (4) for any purpose specified in column 1 of each of Parts III, IV and V of Schedule 9 for which there is a corresponding entry in column 3 of the respective Part, and the fee for work in connection with each such purpose shall be that specified in the corresponding entry in column 3 of that Part for each hour or part of an hour worked and such fee shall be payable prior to notification of the result of the application.
6
A fee shall be payable to the Executive where the Executive requires any testing to be carried out in connection with any purpose specified in column 1 of Part VI of Schedule 9, and the fee for testing in connection with each such purpose shall be the reasonable cost to the Executive of having the work carried out and such fee shall be payable prior to notification of the result of the application.
7
Where the Executive requires an inspection of premises to be carried out in connection with an application for —
a
a factory or magazine licence, or any amendment to such a licence, or
b
the original approval of premises in which acetylene is to be manufactured or kept, or any amendment to such an approval, or
c
the original approval of premises in which acetylene is compressed, or any amendment to such an approval,
a fee shall be payable by the applicant to the Executive of an amount equal to the reasonable cost of travelling and subsistence of any member of the Executive’s staff in connection with the inspection.
Date from which fees are payable under the Petroleum (Consolidation) Act 1928 and the Petroleum (Transfer of Licences) Act 1936
11
Notwithstanding the provisions of section 4 of the Petroleum (Consolidation) Act 1928 or section 1(4) of the Petroleum (Transfer of Licences) Act 1936 the fees in respect of applications for petroleum licences prescribed by these Regulations shall be payable for any licence first having effect or any transfer or renewal of a licence first taking effect on or after the coming into force of these Regulations irrespective of the date of the application for that licence, transfer or renewal.
Fees for applications for explosives licences under Part IX of the Dangerous Substances in Harbour Areas Regulations 1987
12
1
A fee shall be payable by the applicant to the Executive on each application for an explosives licence or for any alteration in the terms of an existing licence under Part IX of the Dangerous Substances in Harbour Areas Regulations 1987 .
2
The fee on an application for each purpose specified in column 1 of Schedule 10 shall be that specified in column 2 of that Schedule and where the fee is determined as an amount per hour, the fee so calculated shall be payable prior to notification of the result of the application.
Vocational training certificates under the Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996
13
1
A driver may only be issued with a vocational training certificate in accordance with paragraph (1) of regulation 4 of the Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996 where a fee of the sum specified in Schedule 11 has been paid to the Secretary of State.
2
The validity of a vocational training certificate may only be extended in accordance with paragraph (6) of regulation 4 of the Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996 where, within the period of 12 months which precede the expiry of the original certificate or any extension of it granted in accordance with that paragraph, a fee of the sum specified in Schedule 11 has been paid to the Secretary of State.
3
Nothing in this regulation shall be construed as making a fee payable by a person in any of the capacities specified in section 43(4) of the 1974 Act.
Estimate of cost of work
14
Where any fee is to be assessed on the reasonable cost to the Executive of carrying out any work or testing, under regulation 2(2), 2(3)(b), 3(2) or 10(6), the Executive shall on receipt of the application first prepare and send to the applicant an estimate of that cost and shall, before carrying out the work, obtain confirmation from the applicant that he wishes the work to be carried out.
Fees for notifications under the Genetically Modified Organisms (Contained Use) Regulations 1992
15
1
A fee shall be payable by a notifier to the Executive on each notification of the intention to use premises for activities involving genetic modification for the first time and of individual activities involving genetic modification under the Genetically Modified Organisms (Contained Use) Regulations 1992 .
2
The fee payable for each notification described in column 1 of Schedule 12 shall be that specified in the corresponding entry in column 2 of that Schedule.
Fees for notifications under the Notification of New Substances Regulations 1993
16
1
The fee fixed by column 2 of Schedule 13 shall be payable by a notifier to the Executive on each such notification or application under the Notification of New Substances Regulations 1993 as is referred to in the corresponding entry in column 1 of that Schedule.
2
The Executive shall repay to the notifier the amount of any rebate due to the notifier in the circumstances described in Schedule 13.
Revocation
17
The Health and Safety (Fees) Regulations 1995 are hereby revoked.
Northern Ireland
18
These Regulations shall not apply to Northern Ireland.
Signed by authority of the Secretary of State
Paul Beresford
Parliamentary Under-Secretary of State,
Department of the Environment
5th November 1996


text:
Citation and commencement
1
This Order may be cited as the Glan Hafren National Health Service Trust (Dissolution) Order 1996 and shall come into force on 1st April 1996.
Dissolution of NHS trust
2
The Glan Hafren National Health Service Trust established by the Glan Hafren National Health Service Trust (Establishment) Order 1992 is hereby dissolved, and accordingly that Order is hereby revoked.
William Hague
Secretary of State for Wales
29th January 1996


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Income Support (General) Amendment Regulations 1996 and shall come into force on 8th April 1996.
2
These Regulations shall have effect in relation to any particular claimant from the beginning of the first benefit week to commence for that claimant on or after 8th April 1996.
3
In paragraph (2), the expressions “claimant” and “benefit week” have the same meaning as in the Income Support (General) Regulations 1987 .
Amendment of the Income Support Regulations
2
In Schedule 9 to the Income Support (General) Regulations 1987 (sums to be disregarded in the calculation of income other than earnings) after paragraph 15A the following paragraph shall be inserted —
15B
1
Subject to sub-paragraphs (2) and (3), where a claimant —
a
is a person to whom regulation 19 (preserved rights to income support) or paragraph 13A, 13B, 16 or 18 of Schedule 7 (applicable amounts in special cases) applies;
b
is not residing with his spouse; and
c
at least 50 per cent. of any occupational pension of his is being paid to, or in respect of, his spouse for that spouse’s maintenance,
an amount equal to 50 per cent. of the pension or pensions concerned.
2
Where a claimant is entitled to more than one occupational pension, those pensions shall be aggregated for the purposes of sub-paragraph (1).
3
This paragraph shall not have effect in respect of that part of any occupational pension to which a spouse is legally entitled whether under a court order or not.
.
Signed by authority of the Secretary of State for Social Security.
Roger Evans
Parliamentary Under-Secretary of State,
Department of Social Security
6th March 1996


text:
Citation and commencement
1
These Regulations may be cited as the Child Minding and Day Care (Registration and Inspection Fees) (Amendment) Regulations 1996 and shall come into force on 1st February 1997.
Amendment of the Child Minding and Day Care (Registration and Inspection Fees) Regulations 1991
2
1
The Child Minding and Day Care (Registration and Inspection Fees) Regulations 1991 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 3 (registration) —
a
in paragraph (1) for the sum “£10.00” there shall be substituted the sum “£12.50”; and
b
in paragraph (2) —
i
in sub-paragraph (a) for the sum “£100.00” there shall be substituted the sum “£110.00”; and
ii
in sub-paragraph (b) for the sum “£10.00” there shall be substituted the sum “£12.50”.
3
In regulation 4 (fee on annual inspection) —
a
in paragraph (a) for the sum “£7.50” there shall be substituted the sum “£10.00”;
b
in paragraph (b) for the sum “£75.00” there shall be substituted the sum “£85.00”; and
c
in paragraph (c) for the sum “£7.50” there shall be substituted the sum “£10.00”.
Stephen Dorrell
One of Her Majesty’s Principal Secretaries of State,
Department of Health
18th December 1996


text:
1
This Order may be cited as the Defence Evaluation and Research Agency Trading Fund (Amendment) Order 1996 and shall come into force on 1st August 1996.
2
In Article 3 of the Defence Evaluation and Research Agency Trading Fund Order 1995 there shall be deleted the words:
the Atomic Weapons Establishment, Foulness;
.
Michael Portillo
Secretary of State for Defence
2nd June 1996
We concur
Derek Conway
Bowen Wells
Two of the Lords Commissioners of Her Majesty’s Treasury
4th June 1996


text:
Title and commencement
1
These Regulations may be cited as the Food (Lot Marking) Regulations 1996 and shall come into force on 1 July 1996.
Interpretation
2
In these Regulations, except where the context requires otherwise —
“ the Act ” means the Food Safety Act 1990;
“edible ice” has the same meaning as in the Food Labelling Regulations ;
“first seller established within the Community” has the same meaning as in Council Directive 89/396/ EEC ;
“food” means food, within the meaning of the Act, intended for sale for human consumption;
“the Food Labelling Regulations” means the Food Labelling Regulations 1996 and “indication of minimum durability”, “use by” date and “ultimate consumer” have the same meanings as in those Regulations;
“lot” means a batch of sales units of food produced, manufactured or packaged under similar conditions;
“lot marking indication” means an indication which allows identification of the lot to which a sales unit of food belongs;
“prepacked” has the same meaning as in the Food Labelling Regulations, and “pre-packaging” shall be construed accordingly;
“prepacked for immediate sale” has the same meaning as “prepacked for direct sale” in the Food Labelling Regulations; and
“sell” includes offer or expose for sale and have in possession for sale, and “sale” and “sold” shall be construed accordingly.
Lot marking requirement
3
1
Subject to the exceptions specified in regulation 4 below, no person shall sell any food which forms part of a lot unless it is accompanied by a lot marking indication.
2
For the purposes of this regulation —
a
a lot shall be determined as a lot to which food in the sales unit belongs by a producer, manufacturer, packager, or the first seller established within the Community, of the food in question; and
b
a lot marking indication —
i
shall be determined and affixed under the responsibility of one or other of those operators; and
ii
shall be preceded by the letter “L”, except in cases where that lot marking indication is clearly distinguishable from the other indications on the packaging of the food or on a label attached to its packaging.
3
A lot marking indication —
a
for prepacked food shall appear on, or on a label attached to, the packaging of the food; and
b
for food which is not prepacked shall appear on the container of the food or on a commercial document which accompanies the food, and
shall in all cases appear in such a way as to be easily visible, clearly legible and indelible.
Exceptions for particular types of sale and sales units
4
Regulation 3 above shall not apply to the following —
a
a sale of an agricultural product which, on leaving the holding of its production —
i
is sold or delivered to a temporary storage, preparation or packaging station, or to a producer’s organisation; or
ii
is collected for immediate integration into an operational preparation or processing system;
b
a sale to the ultimate consumer of food where the food is not prepacked, is packed at the request of the purchaser or is prepacked for immediate sale;
c
a sales unit of food which is in a container the area of the largest side of which is less than 10 square centimetres;
d
a sales unit of food which is prepacked, sold as an individual portion for immediate consumption and which is intended as a minor accompaniment to either another food or another service;
e
a sales unit of an individual portion of an edible ice supplied to its seller in bulk packaging containing more than one such portion and bearing the lot marking indication which that portion would, but for this paragraph, have been required to bear;
f
a sale after these Regulations come into force —
i
of a sales unit marked or labelled before 1 July 1992; or
ii
of a sales unit before 1 January 1997 in a glass bottle intended for re-use which is indelibly marked and therefore bears no label, ring or collar; and
g
a sales unit of food which is marked or labelled with an indication of minimum durability or “use by” date which consists at least of the uncoded indication of the day and month in that order, whether or not the Food Labelling Regulations require it to be so marked or labelled.
Enforcement
5
1
If any person contravenes regulation 3 above he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
2
Each food authority shall enforce and execute these Regulations in its area.
3
In this regulation “food authority” does not include —
a
the council of any district in a non-metropolitan county in England, except where the county functions have been transferred to that council in relation to a structural change; or
b
the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner and Middle Temple).
4
Where an offence under these Regulations is committed by a Scottish partnership and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of a partner he, as well as the partnership, shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
Application of provisions of the Food Safety Act
6
The following provisions of the Act shall apply for the purposes of these Regulations as they apply for the purpose of the Act and, unless the context otherwise requires, any reference in them to the Act shall be construed as a reference to these Regulations —
section 2 (extended meaning of sale);
section 3 (presumption that food is intended for human consumption);
section 20 (offences due to fault of another person);
section 21 (defence of due diligence);
section 33 (obstruction etc. of officers);
section 36 (offences by bodies corporate);
section 44 (protection of officers acting in good faith).
Revocation
7
The Food (Lot Marking) Regulations 1992 are hereby revoked.
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
10th June 1996
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State,
Department of Health
6th June 1996
Signed by authority of the Secretary of State for Wales
Jonathan Evans
Parliamentary Under Secretary of State, Welsh Office
6th June 1996
Lindsay
Parliamentary Under Secretary of State, Scottish Office
5th June 1996


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Special Parking Area) (City of Westminster) (Amendment) Order 1996 and shall come into force on 1st October 1996.
Amendment of the Road Traffic (Special Parking Area) (City of Westminster) Order 1994
2
1
The Schedule to the Road Traffic (Special Parking Area) (City of Westminster) Order 1994 shall be amended as follows.
2
After paragraph 181 there shall be inserted the following paragraph —
181A
South Eaton Place (so far as it lies to the south west of a line down the centre of the carriageway) between its junction with Ebury Street and the party wall of Numbers 54 and 56 South Eaton Place.
3
After paragraph 191 there shall be inserted the following paragraph —
191A
Horseferry Road between its junction with Millbank and the northern kerb-line of Thorney Street and the party wall of Ergon House and Imperial House.
4
After paragraph 192 there shall be inserted the following paragraph —
192A
Millbank from the southern kerb-line of Thorney Street and a point opposite to the southern kerb-line of Horseferry Road and the southern kerb-line of Lambeth Bridge.
5
After paragraph 193 there shall be inserted the following paragraph —
193A
Thorney Street.
Signed by authority of the Secretary of State for Transport
John Watts
Minister of State,
Department of Transport
2nd September 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Social Security (Contributions) (Re-rating and National Insurance Fund Payments) Order 1996 and shall come into force on 6th April 1996.
2
In this Order “ the Act ” means the Social Security Contributions and Benefits Act 1992.
Weekly earnings figures for secondary earnings brackets
2
1
Section 9 of the Act (calculation of secondary Class 1 contributions) shall be amended in accordance with the provisions of this article.
2
In subsection (3) (secondary earnings brackets) —
a
for the figure “£104.99” specified in respect of Bracket 1 there shall be substituted the figure “£109.99”;
b
for the figures “£105.00” and “£149.99” specified in respect of Bracket 2 there shall be substituted respectively the figures “£110.00” and “£154.99”;
c
for the figures “£150.00” and “£204.99” specified in respect of Bracket 3 there shall be substituted respectively the figures “£155.00” and “£209.99”;
d
for the figure “£205.00” specified in respect of Bracket 4 there shall be substituted the figure “£210.00”.
Rate of, and small earnings exception from, Class 2 contributions
3
In section 11 of the Act (Class 2 contributions) —
a
in subsection (1) (weekly rate) for the figure “£5.75” there shall be substituted the figure “£6.05”;
b
in subsection (4) (small earnings exception) for the figure “£3,260” there shall be substituted the figure “£3,430”.
Amount of Class 3 contributions
4
In section 13(1) of the Act (amount of Class 3 contributions) for the figure “£5.65” there shall be substituted the figure “£5.95”.
Percentage rate and lower and upper limits for Class 4 contributions
5
In section 15(3) and section 18(1) of the Act (Class 4 contributions recoverable under the Income Tax Acts and under regulations)
a
for the percentage rate figure “7.3 per cent.” in both places where it appears there shall be substituted the figure “6 per cent.”;
b
for the figure “£6,640” (lower limit) in each place where it appears there shall be substituted the figure “£6,860”;
c
for the figure “£22,880” (upper limit) in both places where it appears there shall be substituted the figure “£23,660”.
Prescribed percentage of estimated benefit expenditure
6
Section 2(2) of the Social Security Act 1993 (payments into National Insurance Fund out of money provided by Parliament) shall have effect with respect to the tax year 1996–97 and the prescribed percentage of estimated benefit expenditure for the financial year ending with 31st March in that tax year shall be 6 per cent..
Signed by authority of the Secretary of State for Social Security.
Alistair Burt
Minister 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:
Citation, commencement and interpretation
1
1
These Regulations may be cited as The Education (School Government) (Amendment) Regulations 1996 and shall come into force on 1st September 1996.
2
Any reference in these Regulations to the principal Regulations is a reference to the Education (School Government) Regulations 1989 .
Amendment of principal Regulations
2
The principal Regulations shall be further amended in accordance with the following provisions of these Regulations.
3
In the proviso to paragraph (3) of regulation 9 (Chairmen and Vice-chairmen of governing bodies and meetings), after sub-paragraph (b) there shall be inserted the following sub-paragraph —
bb
he is employed as a teacher or otherwise at the school in question;
.
4
In paragraph (3) of regulation 10 (Chairmen and Vice-chairmen of temporary governing bodies and meetings), the word “or” at the end of sub-paragraph (b) shall be omitted and after sub-paragraph (b) there shall be inserted the following sub-paragraph —
bb
he is employed as a teacher or otherwise at the new school; or
.
5
In regulation 13 (Quorum) —
a
for paragraph (1) there shall be substituted the following paragraph —
1
Subject to paragraphs (2) (3) and (4), the quorum for a meeting of the governing body of a school, and any vote on any matter thereat, shall be any three members of that body or, where greater, any one-third (rounded up to a whole number) of the membership thereof when complete.
;
b
in paragraph (2), there shall be added at the end “and any vote on any matter thereat (other than a matter specified in paragraph (3)).”.
6
In paragraph (2) of regulation 14 (Proceedings and minutes), for sub-paragraphs (a), (b) and (c) there shall be substituted the following sub-paragraphs —
a
withdraw from the meeting; and
b
in the case of a member, not vote on any question with respect to a specified matter.
.
7
In regulation 23 (Power of chairman or vice-chairman of governing body to act in cases of urgency), after paragraph (3) there shall be added the following paragraph —
4
Where any function of the governing body of a school has been exercised by the chairman or vice-chairman of the governing body of the school in exercise of the power in paragraph (1) above, the chairman or vice-chairman, as the case may be, shall report any action or decision taken in relation to that function to the next meeting of the governing body.
.
8
In the Schedule (Withdrawal from meetings) —
a
for sub-paragraph (1) of paragraph 2 there shall be substituted the following sub-paragraph —
1
Subject to sub-paragraphs (4) and (5), if a person has any pecuniary interest, direct or indirect, in any contract, proposed contract or other matter and is present at a meeting of the governing body at which the contract or other matter is the subject of consideration, he shall at the meeting and as soon as practicable after its commencement disclose the fact and withdraw from the meeting during the consideration or discussion of the contract or matter and he shall not vote on any question with respect to the contract or matter.
;
b
after sub-paragraph (4) of paragraph 2 there shall be inserted the following sub-paragraph —
5
No provision in this paragraph shall prevent members of the governing body considering and voting upon proposals for the governing body to take out insurance protecting its members against liabilities incurred by them arising out of their office or the governing body obtaining such insurance and paying the premiums.
;
c
in paragraph 3, for sub-paragraph (2) there shall be substituted the following sub-paragraph —
2
The person first mentioned in sub-paragraph (1) shall withdraw from the meeting during the consideration or discussion of the matter in question and shall not vote on any question with respect to that matter.
;
d
in paragraph 4, for sub-paragraph (2) there shall be substituted thhe following sub-paragraph —
2
The person first mentioned in sub-paragraph (1) shall withdraw from the meeting during the consideration or discussion of the matter in question and shall not vote on any question with respect to that matter.
;
e
in paragraph 7, for the words from “save and so far as” to the end of the paragraph there shall be substituted the words “shall withdraw from the meeting during such consideration or discussion.”.
Gillian Shephard
Secretary of State for Education and Employment
26th July 1996
William Hague
Secretary of State for Wales
31st July 1996


text:
1
This Order may be cited as the Income Tax (Furnished Accommodation) (Basic Amount) Order 1996 and shall come into force on 17th December 1996.
2
The sum specified for the year of assessment 1997 – 98 and for each subsequent year of assessment pursuant to paragraph 6 of Schedule 10 to the Finance (No. 2) Act 1992 is £4,250.
Bowen Wells
Michael Bates
Two of the Lords Commissioners of Her Majesty’s Treasury
26th November 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North Hampshire Hospitals National Health Service Trust (Transfer of Trust Property) Order 1996, and shall come into force on 1st August 1996.
2
In this Order —
“the Authority” means the North and Mid Hampshire Health Authority established on 1st April 1996 ;
“the old Authority” means the North and Mid Hampshire Health Authority established on 1st April 1994 and abolished on 1st April 1996 ;
“the Trust” means the North Hampshire Hospitals National Health Service Trust;
“the trust property” means the items specified, as trust property which is to be transferred to the Trust, in a schedule prepared by and agreed upon by the old Authority and the Trust on 21st December 1995, which schedule has been signed on behalf of both the old Authority and the Trust.
Transfer of trust property
2
On 1st August 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
4th July 1996


text:
1
1
These Regulations may be cited as the Income Tax (Sub-contractors in the Construction Industry) (Amendment) Regulations 1996 and shall come into force on 19th April 1996.
2
These Regulations have effect as respects cheques received on or after the day on which these Regulations come into force.
2
The Income Tax (Sub-contractors in the Construction Industry) Regulations 1993 shall be amended in accordance with regulations 3 to 5.
3
In regulation 10 the following paragraph shall be inserted at the end —
5
For the purposes of regulations 8 and 9 and of this regulation, where —
a
any payment to the collector is made by cheque, and
b
the cheque is paid on its first presentation to the banker on whom it is drawn,
the payment shall be treated as made on the day on which the cheque was received by the collector.
4
1
The paragraph set out in paragraph (2) below shall be inserted —
a
in regulation 13 after paragraph (7) as paragraph (7A); and
b
in regulation 18 after paragraph (4) as paragraph (5).
2
The paragraph referred to in paragraph (1) above is —
For the purposes of this regulation, where —
any payment to the collector is made by cheque, and
the cheque is paid on its first presentation to the banker on whom it is drawn,
the payment shall be treated as made on the day on which the cheque was received by the collector.
5
In regulation 17 the following paragraph shall be inserted at the end —
3
For the purposes of regulations 15 and 16 and of this regulation, where —
a
any payment to the collector is made by cheque, and
b
the cheque is paid on its first presentation to the banker on whom it is drawn,
the payment shall be treated as made on the day on which the cheque was received by the collector.
A. M. W. Battishill
G. H. Bush
Two of the Commissioners of Inland Revenue
29th March 1996


text:
Citation and commencement
1
This Order may be cited as The Education (National Curriculum) (Assessment Arrangements for the Core Subjects) (Key Stage 2) (England) (Amendment) Order 1996 and shall come into force on 12th August 1996.
Amendment of Order
2
1
The Education (National Curriculum) (Assessment Arrangements for the Core Subjects) (Key Stage 2) (England) Order 1995 shall be amended as follows.
2
In article 3(1) (interpretation) for the paragraph beginning ““NC tests” and “NC tasks”” there shall be substituted the following paragraph —
“NC tests” means National Curriculum tests administered to pupils for the purpose of assessing the level of attainment which they have achieved in any core subject and “NC assessment timetable” means a timetable for the administration of NC tests, being respectively tests and a timetable laid down in provisions made by the Secretary of State under article 9 which have been published by Her Majesty’s Stationery Office;
.
3
At the end of article 4(3) (teacher assessment) there shall be added “or 4th July falling in that term, if earlier”.
4
For article 5 there shall be substituted the following article —
NC test assessment
5
1
It shall be the duty of the head teacher to make arrangements for each pupil to whom this article applies in respect of any core subject to be assessed in that subject in accordance with the provisions of paragraph (3).
2
This article applies to a pupil in respect of a core subject if, in the opinion of his head teacher, his level of attainment in that subject, if he were to be assessed by the administration to him of NC tests in accordance with the provisions of paragraph (3), would be level 3 or higher.
3
Where this article applies to a pupil in respect of a core subject NC tests shall be administered to him in accordance with the provisions of the document in which they are published at the times specified in the relevant NC assessment timetable and as soon as reasonably practicable thereafter the pupil’s responses to the NC tests shall be provided to the external marking agency determined by the Authority and notified by them to the head teacher to be marked.
4
Following the marking of NC tests the external marking agency shall provide to the head teacher a record of the results consisting of each level of attainment achieved by the pupil.
.
5
In article 9 the words “and NC tasks” and the words “and tasks”, in each place where they appear, shall be omitted.
Cheryl Gillan
Parliamentary Under Secretary of State,
Department for Education and Employment
8th August 1996


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Income-related Benefits and Jobseeker’s Allowance (Personal Allowances for Children and Young Persons) (Amendment) Regulations 1996 and both this regulation and regulation 10 of these Regulations shall come into force on 1st April 1997.
2
In so far as these Regulations amend provisions relating to income support and jobseeker’s allowance, they shall come into force on 7th April 1997.
3
In so far as these Regulations amend provisions relating to council tax benefit, they shall come into force on 1st April 1997.
4
In so far as these Regulations amend provisions relating to housing benefit —
a
in any case where rent is payable at intervals of one month or any other interval which is not a week or a multiple thereof, they shall come into force on 1st April 1997;
b
in any other case, they shall come into force on 7th April 1997.
5
In so far as these Regulations amend provisions relating to family credit or disability working allowance, they shall come into force on 7th October 1997 and, in relation to any particular claimant for either of those benefits, these Regulations shall have effect where a claimant has an award of family credit or disability working allowance which is current on 7th October 1997, on the day following the last day of that award.
6
In these Regulations —
“the Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 ;
“the Disability Working Allowance Regulations ” means the Disability Working Allowance (General) Regulations 1991 ;
“the Family Credit Regulations ” means the Family Credit (General) Regulations 1987 ;
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 ;
“the Income Support Regulations ” means the Income Support (General) Regulations 1987 ;
“the Jobseeker’s Allowance Regulations ” means the Jobseeker’s Allowance Regulations 1996 .
Income support, jobseeker’s allowance, housing benefit and council tax benefit: personal allowances in respect of children and young persons
2
1
Each of the provisions specified in paragraph (7) below (which specify the personal allowances applied in respect of children and young persons when calculating applicable amounts) shall be amended in accordance with the following paragraphs.
2
After “2.” there shall be inserted “ — (1)”.
3
After the word “shall”, there shall be inserted the words “, for the relevant period specified in column (1),”.
4
For column (1) of the table there shall be substituted the following —
Person in respect of the period —
beginning on that person’s date of birth and ending on the day preceding the first Monday in September following that person’s eleventh birthday;
beginning on the first Monday in September following that person’s eleventh birthday and ending on the day preceding the first Monday in September following that person’s sixteenth birthday;
beginning on the first Monday in September following that person’s sixteenth birthday and ending on the day preceding that person’s nineteenth birthday.
5
In column (2) of the table, the entry (d) shall be omitted.
6
After the table there shall be inserted the following sub-paragraph —
2
In column (1) of the table in paragraph (1), “the first Monday in September” means the Monday which first occurs in the month of September in any year.
7
The provisions specified for the purposes of paragraph (1) are —
a
paragraph 2 of Schedule 2 to the Income Support Regulations ;
b
paragraph 2 of Schedule 1 to the Jobseeker’s Allowance Regulations;
c
paragraph 2 of Schedule 2 to the Housing Benefit Regulations ;
d
paragraph 2 of Schedule 1 to the Council Tax Benefit Regulations .
Housing benefit and council tax benefit: treatment of child care charges
3
1
Regulation 21A of the Housing Benefit Regulations and regulation 13A of the Council Tax Benefit Regulations (treatment of child care charges) shall both be amended in accordance with the following paragraphs.
2
In the definition of “relevant child care charges” in paragraph (2) —
a
for the words “who is under the age of 11 years” there shall be substituted the words “in respect of the period beginning on that child’s date of birth and ending on the day preceding the first Monday in September following that child’s eleventh birthday”;
b
in sub-paragraph (b), for the words “aged 8 and over but under 11” there shall be substituted the words “in respect of the period beginning on their eighth birthday and ending on the day preceding the first Monday in September following their eleventh birthday”.
3
After paragraph (2) there shall be inserted the following paragraph —
2A
In paragraph (2), “the first Monday in September” means the Monday which first occurs in the month of September in any year..
Family credit: treatment of child care charges
4
1
Regulation 13A of the Family Credit Regulations (treatment of child care charges) shall be amended in accordance with the following paragraphs.
2
In the definition of “relevant child care charges” in paragraph (2) —
a
for the words “who is under the age of 11 years” there shall be substituted the words “in respect of the period beginning on that child’s date of birth and ending on the day preceding the first Tuesday in September following that child’s eleventh birthday”;
b
in sub-paragraph (b), for the words “aged 8 and over but under 11” there shall be substituted the words “in respect of the period beginning on their eighth birthday and ending on the day preceding the first Tuesday in September following their eleventh birthday”.
3
For paragraph (2A) there shall be substituted the following paragraph —
2A
In paragraph (2) —
a
the age of a child referred to in that paragraph shall be determined by reference to the age of the child at the date on which the period under section 128(3) of the Contributions and Benefits Act (period of award) begins;
b
“the first Tuesday in September” means the Tuesday which first occurs in the month of September in any year.
Family credit: determination of appropriate maximum amount
5
1
Regulation 46 of the Family Credit Regulations (determination of appropriate maximum family credit) shall be amended in accordance with the following paragraphs.
2
In paragraph (1)(b) —
a
for the words “against whichever description in either paragraph 2 or 3 of column (1) fits” there shall be substituted the words “in respect of the period specified in either paragraph 2 or 3 of column (1) as appropriate to”;
b
after the word “concerned”, there shall be inserted the words “and in those paragraphs, “the first Tuesday in September” means the Tuesday which first occurs in the month of September in any year”.
3
In paragraph (2), for the words from “equals — ” to the end of the paragraph there shall be substituted the words “equals the credit specified in column (2) of Schedule 4 against paragraph 3 in column (1).”.
4
In paragraph (7) —
a
for the word “age” in the first place where that word occurs there shall be substituted the words “period during which that amount is appropriate in respect”;
b
for the words “age of the child or young person at” there shall be substituted the words “relevant period which includes”.
Family credit: determination of maximum amount
6
For paragraphs 2 and 3 of column (1) in Schedule 4 to the Family Credit Regulations (maximum amounts for children and young persons) there shall be substituted the following paragraphs —
2
Person in respect of the period —
a
beginning on that person’s date of birth and ending on the day preceding the first Tuesday in September following that person’s eleventh birthday;
b
beginning on the first Tuesday in September following that person’s eleventh birthday and ending on the day preceding the first Tuesday in September following that person’s sixteenth birthday.
3
Person in respect of the period beginning on the first Tuesday in September following that person’s sixteenth birthday and ending on the day preceding that person’s nineteenth birthday.
Disability working allowance: treatment of child care charges
7
1
Regulation 15A of the Disability Working Allowance Regulations (treatment of child care charges) shall be amended in accordance with the following paragraphs.
2
In the definition of “relevant child care charges” in paragraph (2) —
a
for the words “who is under the age of 11 years” there shall be substituted the words “in respect of the period beginning on that child’s date of birth and ending on the day preceding the first Tuesday in September following that child’s eleventh birthday”;
b
in sub-paragraph (b), for the words “aged 8 and over but under 11” there shall be substituted the words “in respect of the period beginning on their eighth birthday and ending on the day preceding the first Tuesday in September following their eleventh birthday”.
3
For paragraph (2A) there shall be substituted the following paragraph —
2A
In paragraph (2) —
a
the age of a child referred to in that paragraph shall be determined by reference to the age of the child at the date on which the period under section 129(6) of the Contributions and Benefits Act (period of award) begins;
b
“the first Tuesday in September” means the Tuesday which first occurs in the month of September in any year.
Disability working allowance: determination of appropriate maximum amount
8
1
Regulation 51 of the Disability Working Allowance Regulations (determination of appropriate maximum disability working allowance) shall be amended in accordance with the following paragraphs.
2
In paragraph (1)(c) —
a
for the words “at whichever description in paragraph 3 or 4 of column (1) fits” there shall be substituted the words “in respect of the period specified in either paragraph 3 or 4 of column (1) as appropriate to”;
b
after the word “concerned”, there shall be inserted the words “and in those paragraphs, “the first Tuesday in September” means the Tuesday which first occurs in the month of September in any year”.
3
In paragraph (2), for the words from “equals — ” to the end of the paragraph there shall be substituted the words “equals the allowance specified in column (2) of Schedule 5 against paragraph 4 in column (1).”.
4
In paragraph (7) —
a
for the word “age” in the first place where that word occurs there shall be substituted the words “period during which that amount is appropriate in respect”;
b
for the words “age of the child or young person at” there shall be substituted the words “relevant period which includes”.
Disability working allowance: determination of maximum amount
9
For paragraphs 3 and 4 in column (1) in Schedule 5 to the Disability Working Allowance Regulations (maximum amounts for children and young persons) there shall be substituted the following paragraphs —
3
Person in respect of the period —
a
beginning on that person’s date of birth and ending on the day preceding the first Tuesday in September following that person’s eleventh birthday;
b
beginning on the first Tuesday in September following that person’s eleventh birthday and ending on the day preceding the first Tuesday in September following that person’s sixteenth birthday.
4
Person in respect of the period beginning on the first Tuesday in September following that person’s sixteenth birthday and ending on the day preceding that person’s nineteenth birthday..
Transitional provisions
10
1
Where, in relation to a claim for income support, jobseeker’s allowance, housing benefit or council tax benefit, a claimant’s weekly applicable amount includes a personal allowance in respect of one or more children or young persons who are, as at the day before the appropriate date these Regulations come into force for the purpose of those benefits in accordance with regulation 1 of these Regulations (referred to in this regulation as “the appropriate date”), aged 11, 16 or 18, the provisions specified in regulation 2(7) of these Regulations shall have effect, for the period specified in paragraph (2) below, as if regulation 2 of these Regulations had not been made.
2
The period specified for the purposes of paragraph (1) above shall be, in relation to each particular child or young person referred to in that paragraph, the period beginning on the appropriate date and ending —
a
where that child or young person is aged 11 or 16 as at the day before the appropriate date, on 31st August 1997;
b
where that young person is aged 18 as at the day before the appropriate date, on the day preceding the day that young person ceases to be a person of a prescribed description for the purposes of regulation 14 of the Income Support Regulations , regulation 76 of the Jobseeker’s Allowance Regulations, regulation 13 of the Housing Benefit Regulations or regulation 5 of the Council Tax Benefit Regulations.
3
Where, in any particular case, the appropriate maximum family credit or, as the case may be, the appropriate maximum disability working allowance includes a credit or allowance in respect of one or more children or young persons who are, as at 6th October 1997, aged 11, 16 or 18, the Family Credit Regulations or, as the case may be, the Disability Working Allowance Regulations shall have effect, for the period specified in paragraph (4) below, as if regulations 5 and 6 or, as the case may be, 8 and 9 of these Regulations had not been made.
4
The period specified for the purposes of paragraph (3) above shall be, in relation to each particular child or young person referred to in that paragraph, the period beginning on 7th October 1997 and ending —
a
where that child or young person is aged 11 or 16 as at 6th October 1997, on 31st August 1998;
b
where that young person is aged 18 as at 6th October 1997, on the day preceding the day that young person ceases to be a person of a prescribed description for the purposes of regulation 6 of the Family Credit Regulations or, as the case may be, regulation 8 of the Disability Working Allowance Regulations.
Signed by authority of the Secretary of State for Social Security.
Roger Evans
Parliamentary Under-Secretary of State,
Department of Social Security
7th October 1996


text:
1
1
This Order may be cited as the Transport Act 1982 (Commencement No. 7 and Transitional Provisions) Order 1996.
2
For the purposes of this Order, the appointed day is 1st August 1996.
2
Subject to article 3 below, section 18 of the Transport Act 1982 shall come into force on the appointed day.
3
During the period beginning with the appointed day and ending immediately before the day on which section 8 of the Transport Act 1982 comes into force, section 63A(3)(a) of the Road Traffic Act 1988 shall have effect with the omission of the words “or by the prescribed testing authority”.
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
2nd July 1996


text:
Citation, commencement and effect
1
1
This Order may be cited as the Taxation of Benefits under Pilot Schemes (Earnings Top-up) Order 1996 and shall come into force on 8th October 1996.
2
This Order shall have effect in relation to amounts of Earnings Top-up payable on or after 8th October 1996.
Interpretation
2
In this Order —
“benefit” shall be construed in accordance with section 151(6) of the Finance Act 1996;
“Earnings Top-up” means the benefit payable under that name by virtue of a Government pilot scheme;
“Government pilot scheme” has the meaning given by subsections (3) and (4) of section 151 of the Finance Act 1996.
Exemption of Earnings Top-up from income tax
3
The Income Tax Acts shall have effect in relation to any amount of Earnings Top-up as if it were wholly exempt from income tax and, accordingly, to be disregarded in computing the amount of any receipts brought into account for income tax purposes.
Richard Ottaway
Bowen Wells
Two of the Lords Commissioners of Her Majesty’s Treasury
13th September 1996


text:
1
1
This Order may be cited as the A38 Trunk Road (A3064 St Budeaux Bypass Slip Roads) (Trunking) Order 1996 and shall come into force on 1st March 1996.
2
In this Order all measurements of distance are measured along the route of the relevant highway.
2
The lengths of highways described in the Schedule to this Order (the highways being in this Order referred to as “the slip roads”), shall become trunk roads from the date when this Order comes into force.
3
The centre line of each of the slip roads is indicated by a heavy black line on the plan numbered SNPR95/6 marked “The A38 Trunk Road (A3064 St Budeaux Bypass Slip Roads) (Trunking) Order 1996”, signed by authority of the Secretary of State for Transport and deposited at the Department of Transport, Great Minster House, 76 Marsham Street, London SW1P 4DR.
Signed by authority of the Secretary of State for Transport
A. D. Rowland
Director Southern Network Management Division Highways Agency
Department of Transport
30th January 1996


text:
Citation and commencement
1
The Order may be cited as the Welsh Church Act Funds (Designation and Specification) Order 1996 and shall come into force on 1st April 1996.
Interpretation
2
In this Order —
“the 1994 Act ” means the Local Government (Wales) Act 1994;
“old authority” means a county council which ceases to exist as a result of the 1994 Act;
“new authority” means a county or county borough council established under the 1994 Act;
“scheme” means a scheme under section 19 of the Welsh Church Act 1914 (application of Welsh Church funds for charitable or eleemosynary purposes).
Designation and specification of new authorities
3
1
For the purposes or section 50 of the 1994 Act (Welsh Church funds) each new authority listed in column 1 of Schedule 1 to this Order is designated in relation to the area or areas listed opposite thereto in column 2 of that Schedule.
2
Any property which is required to be applied in accordance with a scheme and immediately before the commencement of section 50 of the 1994 Act is vested in an old authority listed in column 1 of Schedule 2 to this Order shall, in accordance with the provisions of section 50(2) of the 1994 Act, vest in the new authority, designated under paragraph (1), which is specified opposite thereto in column 2 of that Schedule.
Rights and Liabilities
4
Any rights and liabilities of an old authority in respect of any property which is required to be applied in accordance with a scheme shall transfer to such new authority in which the property is vested.
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State,
Welsh Office
14th February 1996


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Control of Substances Hazardous to Health (Amendment) Regulations 1996 and shall come into force on 10th January 1997.
2
In these Regulations, “the principal Regulations ” means the Control of Substances Hazardous to Health Regulations 1994 .
Amendment to the principal Regulations
2
1
The principal Regulations shall be amended in accordance with the following provisions of this regulation.
2
In regulation 2(1), after the definition “occupational exposure standard” the following definition shall be inserted —
“preparation” means a mixture or solution of two or more substances;
.
3
In regulation 13(1) —
a
the words “ethylene oxide,” shall be deleted; and
b
for the words “except that this regulation” shall be substituted the words “except that paragraph (2)”.
4
In regulation 15(1), for the words “article 4, 5 or 7 of the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 1989” shall be substituted the words “article 4, 6 or 8 of the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 1995 (S.I. 1995 No. 263) ”.
5
For Schedule 1 shall be substituted the Schedule set out in these Regulations.
6
In column 1 of Schedule 2, entry 11(b) shall be replaced by the following entry —
b
waste covered by Council Directives 75/442/ EEC ( OJ No. L194, 25.7.75, p. 39), as amended by Council Directive 91/156/EEC (OJ No. L78, 26.3.91, p. 32), and 91/689/EEC (OJ No. L377, 31.12.91, p. 20).
.
7
In Schedule 4 —
a
the words “Vapour or” shall be deleted from the second entry in column 1; and
b
the words “while the process is being carried on” shall be inserted after the words “Every 14 days” in the second entry in column 2.
8
In Schedule 5 the words “1-Naphthylamine and its salts.” shall be deleted from the fourth entry in column 1.
9
In Schedule 6 the words “Ethylene oxide” shall be deleted from column 1 and the words “Fumigations carried out for research.” and “Fumigations in fumigation chambers.” shall be deleted from the corresponding entry in column 2.
Signed by authority of the Secretary of State.
Paul Beresford
Parliamentary Under Secretary of State,
Department of Environment.
11th December 1996


text:
Citation and commencement
1
The Order may be cited as the Local Authorities (Goods and Services)(Public Bodies) (Sports Councils) Order 1996 and shall come into force on 1st January 1997.
Designation of Public Bodies
2
Each of the following persons, being persons appearing to the Secretary of State to be exercising functions of a public nature, shall be public bodies for the purposes of the Local Authorities (Goods and Services) Act 1970 in its application to England, Wales and Scotland:
The English Sports Council
The United Kingdom Sports Council
The Scottish Sports Council
Virginia Bottomley
Secretary of State for National Heritage
3rd December 1996
William Hague
Secretary of State for Wales
4th December 1996
Raymond Robertson
Parliamentary Under-Secretary of State for Scotland
5th December 1996


text:
Citation and commencement
1
These Regulations may be cited as the St Mary’s Music School (Aided Places) Amendment Regulations 1996 and shall come into force on 1st August 1996.
Amendment of St Mary’s Music School (Aided Places) Regulations 1995
2
After regulation 2(1) (interpretation) of the St Mary’s Music School (Aided Places) Regulations 1995 add–
1A
In these Regulations references to imperial measurements are supplementary indications of distance.
.
3
Schedule 1 to the St Mary’s Music School (Aided Places) Regulations 1995 is hereby amended as follows:–
a
in paragraph 10 (references to income) for the words “£1,165” in the three places where they occur, substitute “£1,200”;
b
in paragraph 13 (remission of fees – boarding pupils) for the words in column (1) below, substitute the words in relation thereto in column (2)–
(1) (2)
“£8,357” “£8,498” “£8,208” “£8,349” “£10,363” in both places where they occur “£10,538” “£14,561” in both places where they occur “£14,808” “10%” where they occur for the second time “121/2%”
c
in paragraph 14 (remission of fees – day pupils) for the words “£10,512” and “£10,363” substitute “£10,687” and “£10,538” respectively;
d
in paragraph 18 (clothing grants) for sub-paragraphs (3) and (4) substitute–
3
Unless an aided pupil has been a pupil at the school before taking up an aided place, in a pupil’s first year at the school clothing grant shall be payable in the case of an aided pupil as respects whom the relevant income does not exceed £11,056 and in such case the grant shall be of an amount equal to so much of the clothing expenditure as does not exceed–
a
£169, where the relevant income does not exceed £9,707;
b
£127, where that income exceeds £9,707 but does not exceed £10,159;
c
£83, where that income exceeds £10,159 but does not exceed £10,595;
d
£43, where that income exceeds £10,595 but does not exceed £11,056:
Provided that any clothing grant which would fall to be paid in pursuance of this sub-paragraph in a pupil’s first aided year at the school may be paid during the two months immediately preceding that year.
4
Except where sub-paragraph (3) applies, clothing grant shall be payable in the case of an aided pupil as respects whom the relevant income does not exceed £10,595 and in such case the grant shall be of an amount equal to so much of the clothing expenditure disregarding expenditure in respect of which a previous grant has been paid, as does not exceed–
a
£63, where the relevant income does not exceed £9,873;
b
£33, where that income exceeds £9,873 but does not exceed £10,595.
;
e
in paragraph 21(2) for the words “three miles” substitute “4.8 kilometres (3 miles)”;
f
in paragraph 22(2)–
i
for the words “three miles” substitute “4.8 kilometres (3 miles)”;
ii
for the words “twenty-five miles” in both places where they occur substitute “40.2 kilometres (25 miles)”; and
iii
for the words “miles of” substitute “kilometres (miles) of”; and
g
in paragraph 24 (amount of school travel grants) for the words “£9,724” and “£9,545” substitute “£9,886” and “£9,707” respectively.
Raymond S Robertson
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
9th July 1996