type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Royal Surrey County and St. Luke’s Hospitals National Health Service Trust (Transfer of Trust Property) Order 1996, and shall come into force on 31st July 1996.
2
In this Order —
“the Authority” means the West Surrey Health Authority established on 1st April 1996 ;
“the old Authority” means the Western Surrey Health Authority established on 1st April 1995 and abolished on 1st April 1996 ;
“the Trust” means the Royal Surrey County and St. Luke’s Hospitals National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the old Authority and the Trust on 30th November 1995, which schedule has been signed on behalf of both the old Authority and the Trust.
Transfer of trust property
2
On 31st July 1996 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State,
Department of Health
2nd July 1996


text:
Citation and commencement
1
These Regulations may be cited as the National Health Service (Optical Charges and Payments) Amendment (No. 3) Regulations 1996 and shall come into force on 1st November 1996.
Amendment of regulation 1 of the National Health Service (Optical Charges and Payments) Regulations 1989
2
In regulation 1(2) of the National Health Service (Optical Charges and Payments) Regulations 1989 (interpretation), in the definition of “ NHS sight test fee” —
a
in paragraph (a), for “£36.65” there is substituted “£37.83”; and
b
in paragraph (b), for “£13.41” there is substituted “£13.71”.
Signed by authority of the Secretary of State for Health
Simon Burns
Parliamentary Under Secretary of State
Department of Health
10th October 1996


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Income Support and Social Security (Claims and Payments) (Miscellaneous Amendments) Regulations 1996 and shall come into force on 15th October 1996.
2
In these Regulations “the principal Regulations” shall mean the Income Support (General) Regulations 1987 .
Amendment of regulation 21 of the principal Regulations
2
In paragraph (1) of regulation 21 of the principal Regulations (special cases) after the words “Subject to” there shall be inserted the words “regulation 21ZA (treatment of refugees) and”.
Insertion of regulation 21ZA in the principal Regulations
3
After regulation 21 of the principal Regulations there shall be inserted the following regulation —
Treatment of refugees
21ZA
1
Where a person has submitted a claim for asylum and is notified that he has been recorded by the Secretary of State as a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967 he shall cease to be a person from abroad for the purposes of regulation 21 (special cases) and Schedule 7 (applicable amounts in special cases) from the date he is so recorded.
2
Except in the case of a refugee to whom paragraph (3) refers, a refugee to whom paragraph (1) applies, who claims income support within 28 days of receiving the notification referred to in that paragraph, shall have his claim for income support for whichever of the periods referred to in paragraph (4) applies in his case determined as if he had been an asylum seeker for the purposes of regulation 70 (urgent cases) in respect of any such period.
3
A refugee to whom paragraph (1) applies, who was notified that he had been recorded as a refugee in the period from 24th July 1996 to 15th October 1996 and who claims income support within 28 days of the later date, shall have his claim for income support for whichever of the periods referred to in paragraph (4) applies in his case determined as if he had been an asylum seeker for the purposes of regulation 70 in respect of any such period.
4
The periods to which this paragraph refers are —
a
in the case of a claimant who made a claim for asylum upon arrival in the United Kingdom, the period from the date on which his claim for asylum was first refused by the Secretary of State or 5th February 1996 if that is later, to the date he is recorded by the Secretary of State as a refugee;
b
in the case of a claimant whose claim for asylum is made other than on arrival in the United Kingdom, the period from the date of that claim, or 5th February 1996 if that is later, to the date he is recorded by the Secretary of State as a refugee.
5
Any income support, which has otherwise been paid to the claimant or any partner of his in respect of any part of the period of an award to which paragraph (2) or (3) applies, shall be offset against any award due to the claimant by virtue of that paragraph except to the extent that the benefit paid to that partner was due in respect of a period during which he was not a partner of the claimant.
.
Amendment of regulation 72 of the principal Regulations
4
In regulation 72 of the principal Regulations (assessment of income and capital in urgent cases) —
a
in sub-paragraph (1)(a) for the words “or 42” there shall be substituted the words “42, 52 or 57”;
b
in paragraph (2) for the words “and 32” there shall be substituted the words “, 32 and 47 to 49”.
Amendment of Schedule 9 to the principal Regulations
5
Schedule 9 to the principal Regulations (sums to be disregarded in the calculation of income other than earnings) shall be amended in the following respects —
a
in paragraph 5 the following words shall be added at the end —
including any amount of housing benefit to which a person is entitled by virtue of regulation 7B of the Housing Benefit (General) Regulations 1987 (entitlement of a refugee to housing benefit) .
;
b
in paragraph 52 the following words shall be added at the end —
including any amount of council tax benefit to which a person is entitled by virtue of regulation 4D of the Council Tax Benefit (General) Regulations 1992 (entitlement of a refugee to council tax benefit) .
;
c
after paragraph 56 the following paragraph shall be added —
57
Any amount of income support to which a person is entitled by virtue of regulation 21ZA above (treatment of refugees).
.
Amendment of Schedule 10 to the principal Regulations
6
In Schedule 10 to the principal Regulations (capital to be disregarded) the following paragraphs shall be added at the end —
47
Any amount of council tax benefit to which a person is entitled by virtue of regulation 4D of the Council Tax Benefit (General) Regulations 1992 (entitlement of a refugee to council tax benefit), but only for a period of 52 weeks from the date that such an amount is received.
48
Any amount of housing benefit to which a person is entitled by virtue of regulation 7B of the Housing Benefit (General) Regulations 1987 (entitlement of a refugee to housing benefit), but only for a period of 52 weeks from the date that such an amount is received.
49
Any amount of income support to which a person is entitled by virtue of regulation 21ZA above (treatment of refugees), but only for a period of 52 weeks from the date that such an amount is received.
.
Amendment of the Social Security (Claims and Payments) Regulations 1987
7
The Social Security (Claims and Payments) Regulations 1987 shall be amended in accordance with the following paragraphs —
a
in regulation 2(1) (interpretation) the following definitions shall be inserted in the appropriate places —
“claim for asylum” has the same meaning as in the Asylum and Immigration Appeals Act 1993;
;
“refugee” means a person recorded by the Secretary of State as a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967 ;
;
b
in regulation 4 (making a claim for benefit) —
i
in paragraph (3) at the beginning there shall be inserted the words “Subject to paragraph (3C),”;
ii
after paragraph (3B) the following paragraph shall be inserted —
3C
In the case of a claim for income support for a period to which regulation 21ZA(2) of the Income Support (General) Regulations 1987 (treatment of refugees) refers, the claim shall be made by the refugee or in the case of a married or unmarried couple both of whom are refugees, by either of them.
;
c
in regulation 6 (date of claim) after paragraph (4C) the following paragraph shall be inserted —
4D
In the case of a claim for income support to which regulation 4(3C) (claim by refugee) refers, the claim shall be treated as made —
a
in the case of a claimant who made a claim for asylum upon arrival in the United Kingdom, on the date on which his claim for asylum was first refused by the Secretary of State; or
b
in the case of a claimant whose claim for asylum was made other than on arrival in the United Kingdom, on the date of that claim for asylum.
;
d
in regulation 19 (time for claiming benefit) after paragraph (1) the following paragraph shall be inserted —
1A
This regulation shall not have effect with respect to a claim to which regulation 21ZA(2) of the Income Support (General) Regulations 1987 (treatment of refugees) applies.
.
Peter Lilley
Secretary of State,Department of Social Security
19th September 1996


text:
Title, commencement and extent
1
These Regulations may be cited as the Organic Farming (Aid) (Amendment) Regulations 1996, shall come into force on 1st January 1997, and shall apply to England and Wales.
Amendments to previous Regulations
2
1
The Organic Farming (Aid) Regulations 1994 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 2 (interpretation) —
a
in paragraph (1) —
i
for the definition of “aid” there shall be substituted the following definition —
“aid” means the payments under the Community aid scheme referred to in Article 1 of Council Regulation 2078/92 insofar as it relates to farmers who undertake to introduce organic farming methods as referred to in Article 2(1)(a) of that Regulation;
;
ii
after the definition of “aid” there shall be inserted the following definition —
“agri-environment scheme” means an arrangement which is —
regulated by statutory instrument providing for the payment of aid to persons who give an undertaking or enter an agreement in relation to land to which that instrument relates; and
approved by the Commission of the European Communities under Article 7(3) of Council Regulation 2078/92 as part of a zonal programme drawn up pursuant to Article 3 of Council Regulation 2078/92;
;
iii
after the definition of “beneficiary” there shall be inserted the following definition —
“the Commission Regulation” means Commission Regulation ( EC ) No. 746/96 laying down detailed rules for the application of Council Regulation 2078/92;
;
iv
in the definition of “Council Regulation 2092/91” for the words “as amended” there shall be substituted the phrase “as last amended by Commission Regulation (EC) No. 418/96 ”;
v
at the end of the definition of “Council Regulation 2078/92” there shall be inserted the words “as last amended by Commission Regulation (EC) No. 2772/95 as rectified by Commission Regulation (EC) No. 1962/96 ”;
vi
at the end of the definition of “landlord” there shall be inserted the phrase “and from whose title (or, as the case may be, joint title) the tenant directly derives his title”; and
vii
for the definition of “ UKROFS standards” there shall be substituted the following definition —
“UKROFS standards” means the United Kingdom Register of Organic Food Standards production standards for organic farming published in August 1996 by the Ministry of Agriculture, Fisheries and Food and known as the UKROFS Standards for Organic Food Production
; and
b
in paragraph (2), in both places where the words “or paragraph” appear, those words shall be deleted.
3
In regulation 4 (conditions of eligibility) —
a
for paragraph (1) there shall be substituted the following paragraphs —
1
The conditions of eligibility referred to in regulation 3(1)(a) are set out in the following paragraphs of this regulation.
1A
At the date of his application, the applicant shall —
a
be the lawful occupier of a holding of not less than one hectare and intend to remain in such occupation for the specified period; and
b
not be prohibited from providing an undertaking pursuant to an agri-environment scheme either by application of a penalty consequent upon Article 20(2) of the Commission Regulation (which requires member states to determine a system of penalties which are effective, commensurate with their purpose and of adequate deterrent effect to be imposed for breaches of undertakings) or by application of Article 20(3) of the Commission Regulation (which requires a person who, intentionally or by reason of gross negligence, makes a false declaration, to be excluded from all aid under the Council Regulation 2078/92).
; and
b
in paragraph (7), for the phrase “the Minister may prescribe” there shall be substituted the phrase “the Minister may reasonably require”.
4
In regulation 5 (application for aid) —
a
in paragraph (1), for the phrase “the Minister may prescribe” there shall be substituted the phrase “the Minister may reasonably require”, and
b
in paragraph (2), for the phrase “the Minister may prescribe” there shall be substituted the phrase “the Minister may reasonably require”.
5
In regulation 6 (notification by the Minister) the phrase “under these Regulations” shall be revoked where it first appears.
6
In regulation 7 (restrictions on acceptance of applications) in paragraph (2)(b), the phrase “under these Regulations” shall be revoked.
7
In regulation 8 (change of occupation) —
a
in paragraph (1)(b), after the phrase “may give an undertaking” there shall be inserted the phrase “in writing”;
b
there shall be substituted for paragraph (3) the following paragraph —
3
The Minister shall not accept an undertaking referred to in paragraph (1)(b) above unless he is satisfied that the new occupier —
a
occupies the holding or part as an owner or tenant or as the personal representative of the beneficiary; and
b
is not prohibited from providing an undertaking pursuant to an agri-environment scheme by application of Article 10 of the Commission Regulation (which restricts duplication of aid payments), by application of a penalty consequent upon Article 20(2) of the Commission Regulation (which requires member states to determine a system of penalties which are effective, commensurate with their purpose and of adequate deterrent effect to be imposed for breaches of undertakings) or by application of Article 20(3) of the Commission Regulation (which requires a person who, intentionally or by reason of gross negligence, makes a false declaration, to be excluded from all aid under the Council Regulation).
;
c
paragraph (5)(a) shall be revoked;
d
in paragraph (6), after the phrase “has not given an undertaking” there shall be inserted the phrase “in writing”, and
e
there shall be substituted for paragraph (7) the following paragraph —
7
The foregoing provisions of this Regulation shall be subject to Article 11 of the Commission Regulation (which governs transfers of holdings) and Article 12 of the Commission Regulation (force majeure).
.
8
For regulation 9 (aid payments to be made in arrear) there shall be substituted the following regulation —
Aid payments to be made in arrear
9
Subject to —
a
Article 20(3) of the Commission Regulation (which requires a person who, intentionally or by reason of gross negligence, makes a false declaration, to be excluded from all aid under Council Regulation 2078/92),
b
Article 14(3) of the Commission Regulation (which requires payments to be made on the basis of an annual request for payment), and
c
in respect of an application made on or after 1 January 1997, Article 10 of the Commission Regulation (which restricts duplication of aid payments),
the Minister may make payments of aid to a beneficiary by way of payments quarterly in arrear or, where the total of any four such consecutive payments would amount to less than £500, by a single payment of the total in arrear and any request for the payment of aid shall be made at such time and in such form and shall contain such information as the Minister reasonably may require.
.
9
For regulation 11 (withholding and recovery of aid) there shall be substituted the following regulation —
Withholding and recovery of aid, termination and exclusion
11
1
Where any person, with a view to obtaining the payment of aid to himself or any other person, makes any statement or furnishes any information which is false or misleading, the Minister may withhold the whole or any part of any aid payable to that person or to such other person and may, subject to the provisions of Article 20 of the Commission Regulation (which provides for recovery of wrongful payments with interest, a penalty system and exclusion for false declarations), recover the whole or any part of any such aid already paid to that person or to such other person.
2
Where a beneficiary —
a
fails to comply with any of his undertakings under these Regulations;
b
fails to permit entry and inspection by an authorised person or to render all reasonable assistance to such authorised person as required by regulation 10; or
c
fails to comply with any other requirement of these Regulations,
the Minister may withhold the whole or any part of any aid payable to that beneficiary and may recover the whole or any part of any aid already paid to him and may also, in so far as is consequent upon Article 20(2) of the Commission Regulation (which requires member states to determine a system of penalties which are effective, commensurate with their purpose and of adequate deterrent effect to be imposed for breaches of undertakings), require him to pay to the Minister a sum equal to no more than 10% of the aid paid or payable to the beneficiary.
3
Where the Minister takes any step specified in paragraph (1) or (2) above, he may also treat as terminated the undertakings given by the beneficiary under these Regulations.
4
Where under paragraph (3) above the Minister treats the undertakings given by the beneficiary as terminated, in connection with any step taken under paragraph (2) above, he may also by notice in writing to the beneficiary prohibit him from providing a new undertaking or entering a new agreement under an agri-environment scheme for such period (not exceeding two years) from the date of that termination as is specified in the notice.
5
Before taking any step specified in paragraph (2), (3) or (4) above by reference to regulation 8(6) or paragraph (1) or (2) above, the Minister shall —
a
give to the beneficiary a written explanation of the reasons for the step proposed to be taken;
b
afford the beneficiary the opportunity of appearing before and being heard by a person appointed for that purpose by the Minister; and
c
consider the report by the person so appointed and supply a copy of the report to the beneficiary.
.
11
After regulation 11 (withholding and recovery of aid) there shall be added the following regulations —
Recovery of Interest
11A
1
Where a payment of aid is made to a beneficiary by the Minister and, by virtue of Article 20(1) of the Commission Regulation (which provides for recovery of wrongful payments with interest), a reimbursement of all or part of the payment with interest is required, the rate of interest shall be one percentage point above LIBOR on a day to day basis.
2
For the purposes of this regulation, LIBOR means the sterling three month London interbank offered rate in force during the period specified in Article 20(1) of the Commission Regulation.
3
In any proceedings relating to this regulation, a certificate of the Minister stating the LIBOR applicable during a period specified in the certificate shall be conclusive evidence of the rate applicable in the specified period if the certificate also states that the Bank of England notified the Minister of that rate.
Recovery of payments
11B
In any case, where an amount falls to be paid to the Minister by virtue of (or by virtue of action taken under) these Regulations or the Commission Regulations insofar as it relates to the holding of a beneficiary, the amount so falling to be paid shall be recoverable as a debt.
.
Tim Boswell
Parliamentary Secretary,
Ministry of Agriculture,
Fisheries and Food
10th December 1996
Signed by authority of the Secretary of State for Wales
Jonathan Evans
Parliamentary Under Secretary of State,
Welsh Office
10th December 1996


text:
Commencement and citation
1
This Order may be cited as the A406 Trunk Road (North Circular Road, Ealing) Red Route (Prescribed Turns No 2) Experimental Traffic Order 1996, and shall come into force on 22nd April 1996.
2
Save as provided in 3 below, every person causing or permitting any vehicle to proceed in —
a
Chatsworth Road (south arm);
b
the unnamed road lying between Chatsworth Road (south arm) and Beaufort Road and opposite Priory Cottages;
c
Beaufort Road;
d
Audley Road; or
e
Corringway — in the London Borough of Ealing
shall cause or permit that vehicle, on reaching the junction with Hanger Lane, to turn left into Hanger Lane.
3
The provisions of article 2 shall not apply —
a
to anything done with the permission or at the direction of a police constable in uniform or a traffic warden; or
b
to a vehicle being used for fire brigade, ambulance or police purposes.
Power to modify or suspend this Order
4
If it appears to the Traffic Director for London, or some person authorised by him, essential in the interests of the expeditious, convenient and safe movement of traffic, or for preserving or improving the amenities of the area through which any road affected by this order runs, and after consulting with the Commissioner of Police of the Metropolis, he may modify or suspend any provision of this Order, save that no modification shall make an addition.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
11th April 1996


text:
Title, commencement and extent
1
1
This Scheme may be cited as the Farm and Conservation Grant (Variation) Scheme 1996 and shall come into force on 19th February 1996.
2
This Scheme shall apply to England and Wales.
Variation of the principal Scheme
2
The Farm and Conservation Grant Scheme 1989 shall be further varied in accordance with paragraphs 3 and 4 below.
3
In paragraph 7(1) (closing dates for claims and incurring certain expenditure), after the words “subject to”, there shall be inserted the words “paragraphs (1A) and”.
4
After paragraph 7(1) there shall be inserted the following sub-paragraphs: —
1A
Subject to paragraphs (1B) and (2) below, the appropriate Minister shall not, in relation to an agricultural business in Wales, pay any grant under this Scheme unless the claim for grant is received by him on or before 18th February 1998.
1B
Sub-paragraph (1A) above shall not apply to a claim for grant made in relation to any work, facility or transaction of a kind specified in paragraph 1(b) or (c) in column 1 of Schedule 1.
.
Tim Boswell
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
31st January 1996
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
24th January 1996
We approve,
Simon Burns
Bowen Wells
Two of the Lords Commissioners of Her Majesty’s Treasury
5th February 1996


text:
1
1
These Regulations may be cited as the Local Government Reorganisation (Compensation for Loss of Remuneration) (Amendment) Regulations 1996 and shall come into force on 1st April 1996.
2
In these Regulations, “the 1995 Regulations ” means the Local Government Reorganisation (Compensation for Loss of Remuneration) Regulations 1995 .
2
For regulation 2(2) of the 1995 Regulations there shall be substituted the following paragraph:
2
For the purposes of these Regulations —
a
any registration officer shall be deemed to be an officer in employment under a relevant contract with the county council or county borough council which made the scheme under section 14 of the 1953 Act for the district or sub-district in or for which the registration officer holds office; and
b
any coroner shall be deemed to be an officer in employment under a relevant contract with the relevant council (within the meaning of the Coroners Act 1988 ) by which he was appointed,
and any reference in these Regulations —
i
to “employment”, “employer” or “employed” shall be construed accordingly; and
ii
to a “contract of employment” or “contract” shall be construed as a reference to the terms and conditions of the appointment of registration officer or coroner, as the case may be.
.
3
In regulation 4 of the 1995 Regulations, there shall be added the following paragraph:
2
Sub-paragraph (b) in paragraph (1) above shall not apply to a coroner who is aged under 70 on the date on which the relevant compensation period commences.
.
4
In regulation 8 of the 1995 Regulations:
a
in sub-paragraph (b) in paragraph (1), there shall be inserted at the beginning the words“subject to paragraph (1A) below,”; and
b
after paragraph (1), there shall be inserted the following paragraph:
1A
Sub-paragraph (b) in paragraph (1) above shall apply to an eligible person who is a coroner as if for the number “65” there were substituted the number “70”.
.
Tom Sackville
Parliamentary Under Secretary of State
Home Office
7th March 1996


text:
1
These Regulations may be cited as the Value Added Tax (Amendment) (No. 4) Regulations 1996 and shall come into force on 2nd September 1996.
2
The Value Added Tax Regulations 1995 (“the Regulations”) shall be amended in accordance with the following regulations.
3
The following regulation shall be inserted in PART XXV of the Regulations before regulation 212:
A212
In this Part —
“Job Band” followed by a number between “1” and “12” means the band for the purposes of pay and grading in which the job an officer performs is ranked in the system applicable to Customs and Excise.
4
In regulations 212(1) and 213(a) and (b) for the words “Higher Executive Officer” there shall be substituted “Job Band 7”.
New King’s Beam House 22 Upper Ground London
E. Woods
Commissioner of Customs and Excise
12th August 1996


text:
1
This Order may be cited as the Trusts of Land and Appointment of Trustees Act 1996 (Commencement) Order 1996.
2
The Trusts of Land and Appointments of Trustees Act 1996 shall come into force on 1st January 1997.
Mackay of Clashfern, C.
Dated 25th November 1996.


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Haddock, Saithe, etc (Specified Sea Areas) (Prohibition of Fishing) Order 1996 and shall come into force on 24th December 1996.
2
In this Order —
“British fishing boat” means a fishing boat which is registered in the United Kingdom, the Isle of Man or any of the Channel Islands or which, not being so registered, is British-owned;
“length”, in relation to a boat, means the length calculated in accordance with the rules specified in Article 2(1) of Council Regulation ( EEC ) No. 2930/86 defining characteristics for fishing vessels as amended ;
“sea area” means a statistical division or sub-area of the International Council for the Exploration of the Sea or the area known as CECAF Division 34.1.1 ( EC Zone) specified in the Schedule hereto.
Prohibition and Exception
2
1
Fishing:
a
by any British fishing boat registered in the United Kingdom within any part of a sea area; or
b
by any other British fishing boat within any part of a sea area which lies within British fishery limits
for:
haddock ( Melanogrammus aeglefinus ) in sea areas ICES Statistical Sub-Areas IV , VI , XII and XIV and ICES Statistical Divisions IIa and Vb; or
saithe ( Pollachius virens ) in sea areas ICES Statistical Sub-Areas III , IV, VII , VIII , IX , X and CECAF 34.1.1. (EC Zone) and ICES Statistical Division IIa; or
anglerfish ( Lophius piscatorius ) in sea areas ICES Statistical Sub-Areas VI, XII and XIV and ICES Statistical Division Vb; or
sole ( Solea solea ) in sea areas ICES Statistical Division VIIe; or
mackerel ( Scomber scombrus ) in sea areas ICES Statistical Sub-Areas VI, VII, VIII, XII and XIV and ICES Statistical Division Vb
is prohibited during the period beginning with the date of coming into force of this Order and ending immediately before 1st January 1997.
2
Subject to paragraph (3) below, fishing:
a
by any British fishing boat registered in the United Kingdom within any part of a sea area; or
b
by any other British fishing boat within any part of a sea area which lies within British fishery limits
for:
hake ( Merluccius merluccius ) in sea areas ICES Statistical Sub-Area IV and ICES Statistical Division IIa; or
sole ( Solea solea ) in sea areas ICES Statistical Sub-Areas VI, XII and XIV and ICES Statistical Divisions Vb and VIIh, j and k; or
plaice ( Pleuronectes platessa ) in sea areas ICES Statistical Divisions VIIh, j and k;
is prohibited during the period beginning with the date of coming into force of this Order and ending immediately before 1st January 1997.
3
The prohibition in paragraph (2) above shall not apply to any boat whose length exceeds 10 metres, except in the case of any boat when used for the purpose of conveying persons wishing to fish for pleasure.
Powers of British sea-fishery officers in relation to fishing boats
3
1
For the purpose of the enforcement of this Order a British sea-fishery officer may exercise the powers conferred by paragraphs (2) to (4) below —
a
anywhere in relation to any British fishing boat registered in the United Kingdom, and
b
in any waters adjacent to the United Kingdom and within British fishery limits in relation to any other British fishing boat.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) above and, in particular —
a
may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;
c
for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under section 5(1) or (6) of the Sea Fish (Conservation) Act 1967 as read with this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search; and
d
where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in sub-paragraph (d) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that a contravention of this Order has at any time taken place within British fishery limits, he may —
a
require the master of the boat in relation to which the contravention took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in port;
and where such an officer detains or requires the detention of a boat he shall serve on the master notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
Tony Baldry
Minister of State, Ministry of Agriculture, Fisheries and Food
18th December 1996
Raymond Robertson
Parliamentary Under Secretary of State, Scottish Office
18th December 1996
Signed by authority of the Secretary of State for Wales
Jonathan Evans
Parliamentary Under Secretary of State, Welsh Office
18th December 1996
Denton
Parliamentary Under Secretary of State, Northern Ireland
18th December 1996


text:
1
This Order may be cited as the Northern Ireland (Emergency and Prevention of Terrorism Provisions) (Continuance) Order 1996 and shall come into force on 16th June 1996.
2
In this Order —
a
“the temporary provisions of the 1991 Act ” means parts I to VIII of the Northern Ireland (Emergency Provisions) Act 1991 except —
i
section 7, Part III of Schedule 1 and, so far as they relate to offences which are scheduled offences by virtue of that Part, sections 3, 9 and 10;
ii
sections 63 and 64; and
iii
paragraph 20 of Schedule 4; and
b
“the 1989 Act provisions ” means the provisions referred to in section 27(11) of the Prevention of Terrorism (Temporary Provisions) Act 1989, that is to say Parts III and V of that Act so far as they have effect in Northern Ireland and relate to proscribed organisations for the purposes of section 28 of the Northern Ireland (Emergency Provisions) Act 1991 or offences or orders under that section.
3
The temporary provisions of the 1991 Act except section 34 and Schedule 3, and the 1989 Act provisions, shall continue in force for the period beginning with 16th June 1996 and ending with 26th August 1996.
P. B. B. Mayhew
One of Her Majesty’s Principal Secretaries of State
Northern Ireland Office
14th June 1996


text:
Commencement and citation
1
This Order may be cited as the A406 Trunk Road (Ealing and Hounslow) Red Route Experimental Traffic Order 1996, and shall come into force on 22nd April 1996.
Interpretation
2
In this Order —
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route” means the lengths of road specified in column (2) of the table in schedule 1;
f
“vehicle” includes part of a vehicle; and
g
an entry in column (3) , (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule.
General prohibition of stopping
3
1
Subject to the provisions of paragraphs (2) and (3) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop in the trunk road red route during the restricted hours.
2
Subject to the provisions of paragraph (3) of this article, and of articles 5(1), 5(2), 8 and 9, no person shall cause any vehicle to stop at any time in any lengths of the trunk road red route specified in schedule 4.
3
The controls specified in paragraphs (1) and (2) of this article do not apply in respect of any area of the trunk road red route specified in schedule 2A.
4
In this article “the restricted hours” means, in relation to a length of the trunk road red route specified in an item in column (2) of the table in schedule 1, the hours specified in that item in column (3) of that table.
5
In so far as the provisions of paragraph (1) of this article relate to a length of road to which paragraph (2) of this article also relates, the provisions of paragraph (2) shall prevail.
Exemptions for parking
4
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
Miscellaneous exemptions for parking
5
1
Licensed taxi cabs: The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to be parked at the edge of the carriageway on a length of road specified in schedule 2D.
2
Coaches: The controls specified in article 3(1) do not apply in respect of a person causing a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver) or a local bus (as defined in article 8(4)) not so constructed or adapted, to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2E during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
3
Doctors' vehicles: The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2F during the hours specified in column (3) in that item, provided that —
a
there is displayed in the windscreen of the vehicle a badge issued by, or with the authority of, the Traffic Director for London to a medical practitioner, and which specifies —
i
the name of the person to whom it was issued, and
ii
the premises in relation to which it applies; and
b
the vehicle was parked by, or with the permission of, the person whose name is specified on the badge and for so long only as the person who parked the vehicle is engaged in work at the premises specified on the badge.
4
Solo motor bicycles: The controls specified in article 3(1) do not apply in respect of a person causing a motor bicycle without a side-car to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2G during the hours specified in column (3) in that item.
Exemptions for loading and unloading
6
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which is being loaded or unloaded to stop at the edge of the carriageway on a length of road specified in an item in column (2) of the tables in schedules 3A and 3B during the hours specified in column (3) in that item for as long as is needed to load or unload the vehicle or 20 minutes, whichever is the less, provided that not less than 20 minutes had elapsed since the vehicle was last parked on any part of the same length of road.
Exemptions for disabled persons
7
1
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item.
2
The controls specified in article 3(1) do not apply in respect of a person causing vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2C during the hours specified in column (3) in that item.
3
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which displays a disabled person’s badge in the relevant position, and a parking disc on which is shown the time at which the period of parking began, to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item, for a period of up to 3 hours not being a period separated by an interval of less than 1 hour from a previous period when that vehicle was parked in that length of road.
Exemptions at bus stops and stands
8
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to which this article applies to stop at a bus stop (being an area of road bounded by a traffic sign which includes the words “bus stop”) for so long only as may be required to enable passengers to get on or off the vehicle or, in the case of a vehicle being used to provide a local service, for so long only as may be required for a change of crew.
2
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used to provide a local service to stop at a bus stand (being an area of road bounded by a traffic sign which includes the words “bus stand”) for so long only as may be required for timetabling reasons.
3
This article applies —
a
before 1 January 1997 to
i
a public service vehicle used for the provision of a local service or a scheduled express service,
ii
a school bus, and
iii
a works bus; and
b
after 31 December 1996 to
i
a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver), and
ii
a local bus not so constructed or adapted.
4
In this article “local bus”, “local service”, “scheduled express service”, “school bus” and“works bus” have the meanings given to those expressions in regulation 4 of the Traffic Signs Regulations and General Directions 1994 .
Other exemptions
9
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to stop if that person is —
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) and (2) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) and (2) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Power to modify or suspend this Order
10
If it appears to the Traffic Director for London, or some person authorised by him, essential in the interests of the expeditious, convenient and safe movement of traffic, or of the provision of suitable and adequate parking facilities on the highway, or for preserving or improving the amenities of the area through which any road affected by this Order runs, and after consulting with the Commissioner of Police of the Metropolis, he may modify or suspend any provision of this Order, save that no modification shall make an addition.
Suspension of existing Orders
11
1
Subject to paragraph (2) of this article, the Greater London Council Traffic Management Order 1977 No.642 , the Hounslow (Waiting and Loading Restrictions) Order 1977 and the Ealing (Waiting and Loading Restrictions) Order 1977 are hereby suspended, in so far as their provisions relate to any part of the trunk road red route.
2
The suspension specified in paragraph (1) of this article shall take effect in respect of any provision contained in the Greater London Council Traffic Management Order 1977 No.642 , the Hounslow (Waiting and Loading Restrictions) Order 1977 and the Ealing (Waiting and Loading Restrictions) Order 1977 only from the time at which the traffic sign indicating the effect of that provision has been obliterated.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
11 April 1996


text:
1
1
These Regulations may be cited as the Police (Amendment) Regulations 1996.
2
In these Regulations, “the principal Regulations ” means the Police Regulations 1995 .
3
These Regulations shall come into force on 10th April 1996, but —
a
regulation 5(c) shall have effect from 16th October 1994 for the purposes of regulation 39 of the principal Regulations and the definition of “relevant service” in paragraph 6(1) of Schedule 4 to those Regulations;
b
regulations 7 and 9 shall have effect from 18th July 1995; and
c
regulations 8, 10, 11 and 12 shall have effect from 1st September 1995.
2
In regulation 4(1) of the principal Regulations (interpretation), after the definition of “joint branch board” there shall be inserted:
“maternity leave” has the meaning assigned thereto by regulation 36A(1);
“member of a police force” includes such a member who is suspended under the Discipline Regulations;
.
3
In regulation 14 of the principal Regulations (probationary service in the rank of constable):
a
in paragraph (2) the words from “Provided that” to the end are hereby revoked; and
b
at the end of paragraph (4) there shall be added:
e
in reckoning service in the case of a female member of a police force who has taken one or more periods of maternity leave —
i
where that leave has been for more than fourteen weeks, the first fourteen weeks whilst on maternity leave shall be treated as if it were service in the police force;
ii
where that leave has been for less than fourteen weeks, any period spent on maternity leave shall be treated as if it were service in the police force.
.
4
For regulation 36 of the principal Regulations (maternity leave) there shall be substituted the following regulations:
Leave for ante-natal care
36
1
A female member of a police force who is pregnant and who, on the advice of a registered medical practitioner, registered midwife or registered health visitor, has made an appointment to attend at any place for the purpose of receiving ante-natal care shall, subject to the following provisions of this regulation, have the right not to be unreasonably refused special leave from duty to enable her to keep the appointment.
2
Subject to paragraph (3), a chief officer shall not be required by virtue of this regulation to permit a female member of a police force to take special leave from duty to keep an appointment unless, if he requests her to do so, she produces for his inspection —
a
a certificate from a registered medical practitioner, registered midwife or registered health visitor stating that she is pregnant, and
b
an appointment card or other document showing that the appointment has been made.
3
Paragraph (2) shall not apply where the female member of a police force’s appointment is the first appointment during her pregnancy for which she seeks permission to take special leave from duty in accordance with paragraph (1).
4
A period of special leave from duty taken in accordance with paragraph (1) shall be treated as a period of duty.
Maternity leave
36A
1
In this regulation —
“expected date of birth” means, subject to paragraph (4), the date given in accordance with paragraph (2)(b);
“maternity leave” means leave taken in accordance with the provisions of this regulation by a qualified member of a police force during the maternity period;
“maternity period”, in relation to such a member, means the period beginning six months before the probable date of birth of the member’s child, as given under paragraph (2)(b) or, as the case may be, paragraph (4), and ending nine months after the date so given; and
“qualified member” means a member of a police force who qualifies under paragraph (2).
2
Subject to the following provisions of this regulation, a female member of a police force qualifies for maternity leave when she has given to the chief officer of police notice stating —
a
that she is pregnant;
b
the probable date of the birth of her child; and
c
the date on which she intends to commence maternity leave or, where she proposes to take more than one period of maternity leave before the probable date of the birth of her child, the proposed dates of those periods.
3
A female member of a police force does not qualify for maternity leave where the chief officer of police has requested a certificate from a registered medical practitioner, registered midwife or registered health visitor setting out the matters referred to in paragraph (2)(a) and (b) and she fails to produce such a certificate.
4
Where a certificate produced under paragraph (3) sets out a different date as the probable date of the birth of the child of the female member of a police force from the date given in accordance with paragraph (2)(b), the date given in the certificate shall have effect in place of the date given in the notice.
5
A female member of a police force who is pregnant shall give the notice required by paragraph (2) as soon as reasonably practicable after she becomes aware of the probable date of birth of her child.
6
The date or dates given in accordance with paragraph (2)(c) may be amended by a subsequent notice to the chief officer of police, provided that not less than 21 days' notice is given of the qualified member’s intention to return to duty.
7
A qualified member shall commence maternity leave no later than the date given in accordance with paragraph (2)(b) and, subject to paragraphs (8) and (9), the leave shall continue until the last day of the maternity leave.
8
Where a qualified member intends to return to duty before the end of the maternity period after taking maternity leave, she shall give to the chief officer of police not less than 21 days' notice of her intention.
9
A notice under paragraph (8) may be subsequently revoked; and any such revocation shall be without prejudice to the giving of another notice under that paragraph of an intention to return to duty before the end of the maternity period.
10
During any period of maternity leave, a qualified member shall not be entitled to any sick leave under regulation 35.
11
In paragraph (10) “period of maternity leave” means the period —
a
beginning on —
i
the date given in accordance with paragraph (2)(c) as the date on which the qualified member intends to commence maternity leave or, where she proposes to take more than one period of such leave, the first of those dates, or
ii
where that date or, as the case may be, the first of those dates has been amended by a subsequent notice under paragraph (6), that date; and
b
ending on —
i
where a notice has been given under paragraph (8) and has not been subsequently revoked, the date so given; or
ii
where no such notice has been given or remains in force, the last day of the maternity period.
.
5
Regulation 39(2) of the principal Regulations (rate of pay) shall be amended as follows:
a
the words from “Provided that” to the end shall become a new paragraph numbered “(2A)”;
b
for the words “Provided that” there shall be substituted “For the purposes of this regulation”;
c
after sub-paragraph (e) there shall be inserted:
f
in the case of a female member of a police force who has taken one or more periods of maternity leave —
i
where that leave has been for more than fourteen weeks, account shall be taken of the first fourteen weeks whilst on maternity leave;
ii
where that leave has been for less than fourteen weeks, account shall be taken of any period spent on maternity leave;
; and
d
for the words “this paragraph” there shall be substituted “paragraph (2)”.
6
1
Regulation 40 of the principal Regulations (temporary salary) shall be amended as follows.
2
In paragraph (1) for the word “duties” there shall be substituted “the duties”.
3
After paragraph (1) there shall be inserted the following paragraph:
1A
A member of a police force of the rank of superintendent who is required for a continuous period exceeding 7 days to perform the duties normally performed by such a member whose pay category under paragraph 1(3) of Schedule 6 is higher than his own, otherwise (subject to paragraph (2)) than as the direct or indirect result of the absence of any member of the force on a monthly or other leave day granted under regulation 31, shall be paid in respect of that period, other than the first 7 days thereof, at a rate equal to the rate of pay of the member in that higher pay category.
.
4
In paragraph (2) of that regulation, after the words “paragraph (1)” there shall be inserted “or (1A)”.
5
In paragraph (3) for the words “perform duties” there shall be substituted “perform the duties”.
6
In paragraph (4)(a), for the word “duties” there shall be substituted “the duties”.
7
After regulation 46 of the principal Regulations (pay during sick leave) there shall be inserted the following regulation:
Pay during maternity leave
46A
1
Subject to the following provisions of this regulation, a female member of a police force who satisfies the conditions in paragraph (2) is entitled to be paid as respects the first three months of any period or periods of maternity leave in any one maternity period (as defined by regulation 36A) taken in accordance with regulation 36A, but is not entitled to be paid thereafter.
2
The conditions referred to in paragraph (1) are that:
a
at the beginning of the week in which the expected date of birth (as defined by regulation 36A(1)) occurs, the female member of a police force will have served continuously for a period of not less than sixty-three weeks in that or any other police force; and
b
on the date (“the relevant date”) fifteen weeks before the expected date of birth (as so defined) she either —
i
remains pregnant, or
ii
has given birth prematurely to a baby who is alive on the relevant date.
3
In this regulation “week” means a period of seven days beginning with Sunday.
.
8
In regulation 47(1) of the principal Regulations (deductions from pay of social security benefits and statutory sick pay) after the word “force” there shall be inserted “who is in receipt of full pay (within the meaning of regulation 46(4)(b))”.
9
1
Paragraph 12 of Schedule 1 to the principal Regulations (modification of regulation 36 of those Regulations for part-time service) is hereby revoked.
2
After paragraph 16 of that Schedule there shall be inserted the following paragraph:
16A
In regulation 46A (pay during maternity leave) after paragraph (3) insert —
4
A woman member below the rank of superintendent who satisfies the conditions in paragraph (2) is to be treated for the purposes of regulation 39(1) (pay) as having been on duty for the number of hours determined by multiplying the number of her determined hours by the length in days of the paid leave period and dividing the result by the length in days of the relevant period.
.
10
1
Paragraph 1 of Schedule 6 to the principal Regulations (determination of pay) shall be amended as follows.
2
The table in paragraph 1(2) shall be amended by substituting for the third column (which sets out the amounts payable in respect of pay categories A to I) the following:
£38,724
£39,678
£40,635
£41,589
£42,543
£43,497
£44,454
£45,408
£46,362
.
3
In paragraph 1(3):
a
sub-paragraph (d) of pay category E and the word “or” immediately before it are hereby revoked;
b
in sub-paragraph (a) of pay category F the words “whose pay category would otherwise be C, D or E, but” are hereby revoked;
c
in sub-paragraph (c) of pay category F the words “was appointed in the rank of superintendent after 31st August 1994 and” and “in it” are hereby revoked;
d
in sub-paragraph (a) of pay category G the words “whose pay category would otherwise be C, D, E or F, but” are hereby revoked; and
e
in sub-paragraph (a) of pay category H the words “whose pay category would otherwise be C, D, E, F or G, but” are hereby revoked.
4
The table in paragraph 1(4) shall be amended by substituting for the third and fourth columns (which set out the amounts payable in respect of pay categories A to I in London and the provinces, respectively) the following:
£29,775 £28,470 £30,612 £29,310 £31,449 £30,147 £32,286 £30,984 £33,129 £31,824 £33,783 £32,478 £34,440 £33,138 £35,100 £33,795 £35,691 £34,386
.
5
The table in paragraph 1(6) shall be amended by substituting for the third column (which sets out the amounts payable in respect of pay categories A to F) the following:
£22,014
£22,809
£23,604
£24,402
£24,930
£25,674
.
6
The table in paragraph 1(8) shall be amended by substituting for the third column (which sets out the amounts payable in respect of pay categories A to M) the following:
£14,412
£15,648
£16,525
£16,710
£17,082
£17,532
£18,141
£18,726
£19,335
£19,893
£20,397
£21,057
£21,828
£22,809
.
11
1
Paragraph 3 of Schedule 6 to the principal Regulations shall be amended as follows.
2
For the table in paragraph 3(2) there shall be substituted:
Table
1 2 3 Population of police area Officer appointed under regulation 13A Officer not appointed under regulation 13A
Up to 500,000 £62,730 to £71,745 £59,742 to £68,325 500,001 to 1,000,000 £65,940 to £77,544 £62,802 to £73,851 1,000,001 to 2,000,000 £71,745 to £83,343 £68,325 to £79,377 Over 2,000,000 £79,392 to £89,598 £75,699 to £85,431
.
3
In paragraph 3(3)(a) for the words “£51,756 to £59,409” there shall be substituted “£53,310 to £61,191”.
4
In paragraph 3(3)(b) for the words “£49,290 to £56,580” there shall be substituted “£50,769 to £58,278”.
5
For the table in paragraph 3(4) there shall be substituted:
Table
1 2 3 Population of police area Officer appointed under regulation 13A Officer not appointed under regulation 13A
Up to 500,000 £53,310 to £61,191 £50,769 to £58,278 500,001 to 1,000,000 £53,310 to £62,035 £50,769 to £59,081 1,000,001 to 2,000,000 £57,396 to £66,674 £54,660 to £63,502 Over 2,000,000 £63,513 to £71,678 £60,559 to £68,345
.
6
In Paragraph 3(5)(a) for the words “£61,663 to £64,733” there shall be substituted “£63,514 to £66,674”.
7
In paragraph 3(5)(b) for the words “£58,795 to £61,651” there shall be substituted “£60,559 to £63,502”.
8
In paragraph 3(6)(a) for the words “£64,650 to £69,492” there shall be substituted “£66,591 to £71,577”.
9
In paragraph 3(6)(b) for the words “£61,491 to £66,090” there shall be substituted “£63,336 to £68,073”.
12
1
Paragraph 1(1) of Schedule 10 to the principal Regulations (dog handler’s allowance) for the words “£957” and “£1,308” there shall be substituted “£987” and “£1,347”, respectively.
David Maclean
Minister of State
Home Office
7th March 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Environmentally Sensitive Areas (Central Borders) Designation (Amendment) Order 1996 and shall come into force on 15th August 1996.
2
In this Order–
“the principal Order ” means the Environmentally Sensitive Areas (Central Borders) Designation Order 1993 .
Amendment of the principal Order
2
In article 2(1) of the principal Order (interpretation) for the definition of “wetlands” there shall be substituted the following definition:–
“wetlands” means ground which does not constitute rough grazings and is saturated with water for a significant proportion of the year.
.
3
In article 7 of the principal Order (payments for additional agricultural operations) for the words “Such payments” to the end there shall be substituted–
Such payments shall be at a rate to be determined by the Secretary of State–
in the case of an agreement entered into on or after 15th August 1996, up to a maximum rate for each 5 year conservation plan of £37,500 for specially identified wetlands and £25,000 for other operations; and
in the case of an agreement entered into before that date–
for the year of the 5 year conservation plan included in such agreement which commenced but which had not ended before that date, up to a maximum rate of £135 per annum for each hectare of land to which the agreement relates, or at the rate of £5,000 per annum per individual farm business, whichever is the lower; and
for the whole years or remaining whole years of such 5 year conservation plan, up to a maximum rate calculated by multiplying £7,500 for specially identified wetlands and £5,000 for other operations by the number of those whole years or remaining whole years.
.
4
In paragraph 10 of the Schedule to the principal Order (requirements to be included in an agreement) for the word “Scheme” there shall be substituted the word “agreement”.
Lindsay
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
18th July 1996
We consent,
Liam Fox
Simon Burns
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd July 1996


text:
1
The new highway which the Secretary of State proposes to construct along the route described in the Schedule to this Order shall become a trunk road as from the date when this Order comes into force.
2
The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.
3
In this Order: —
all measurements of distance are measured along the route of the relevant highway:
i
“the deposited plan” means the plan numbered HA 10/2 WO 119 marked “The Dolgellau to South of Birkenhead Trunk Road (A494) (Drws y Nant Improvement) Order 1996” signed by authority of the Secretary of State for Wales and deposited at the Welsh Office Repository, Curran Embankment, Cardiff;
ii
“the new trunk road” means the highway mentioned in Article 1 of this Order;
iii
“the trunk road” means the existing Dolgellau to South of Birkenhead Trunk Road (A494).
4
This Order shall come into force on 27th June 1996 and may be cited as the Dolgellau to South of Birkenhead Trunk Road (A494) (Drws y Nant Improvement) Order 1996.
Signed by authority of the Secretary of State for Wales
D. M. Timlin
A Grade 6 Officer in the Welsh Office
30th May 1996


text:
Title and commencement
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Oil and Chemical Pollution of Fish and Plants) (Partial Revocation No. 2) Order 1996 and shall come into force on 21st May 1996.
Partial Revocation
2
The Food Protection (Emergency Prohibitions) (Oil and Chemical Pollution of Fish and Plants) Order 1996 is hereby revoked insofar as it applies in relation to fish other than shellfish.
Rod Richards
Parliamentary Under Secretary of State, Welsh Office
20th May 1996


text:
Citation and Commencement
1
These Regulations may be cited as the Merchant Shipping (Mandatory Ship Reporting) Regulations 1996 and shall come into force on 1st August 1996.
Interpretation
2
In these Regulations: —
“Admiralty List of Radio Signals” means the publication of that name published by the Hydrographer of the Navy in force at the date of these Regulations, and any amendment, correction or replacement, which the Hydrographer considers relevant from time to time;
“adopted ship reporting system” means any ship reporting system that has been established by a Government or Governments after it has been adopted by the International Maritime Organization as complying with all the requirements of regulation 8–1 of Chapter V of the Safety of Life at Sea Convention 1974, set out in Part 1, 2 or 3 of Volume 6 of the Admiralty List of Radio Signals and annotated therein as `Mandatory System under SOLAS Regulation V/8–1';
“the Hydrographer of the Navy” means the person for the time being appointed to that office by the Admiralty Board;
“United Kingdom adopted ship reporting system” means an adopted ship reporting system which was submitted to the International Maritime Organisation by the United Kingdom (whether acting alone, or jointly with another State).
Duty to comply with adopted ship reporting systems
3
1
The master of every United Kingdom ship shall comply with any adopted ship reporting system which applies in relation to his ship, and he shall report to the appropriate authority specified in the system all information required in accordance with the provisions of the system.
2
The master of every ship which is not a United Kingdom ship shall comply when in United Kingdom waters with any United Kingdom adopted ship reporting systems and he shall report to the appropriate authority specified in the system all information in accordance with the provisions of the system.
Offences and penalties
4
1
A master of a ship who contravenes any requirement of regulation 3 shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum, or on conviction on indictment to a fine.
2
It shall be a defence to any charge under these Regulations for the accused to prove he took all necessary steps to avoid commission of the offence.
Signed by authority of the Secretary of State for Transport
Goschen
Parliamentary Under-Secretary of State,
Department of Transport
5th July 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the East Yorkshire Community Healthcare National Health Service Trust (Transfer of Trust Property) Order 1996 and shall come into force on 16th December 1996.
2
In this Order —
“the Authority” means the East Riding Health Authority established on 1st April 1996 ;
“the old Authority” means the East Riding Health Authority established on 1st April 1993 and abolished on 1st April 1996 ;
“the Trust” means the East Yorkshire Community Healthcare National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the old Authority and the Trust on 20th December 1995, which schedule has been signed on behalf of both the old Authority and the Trust.
Transfer of trust property
2
On 16th December 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
18th November 1996


text:
Citation and commencement
1
These Regulations may be cited as the Environmental Licences (Suspension and Revocation) Regulations 1996 and shall come into force on 1st April 1996.
Interpretation
2
In these Regulations —
“holder” in relation to an environmental licence means the person liable to pay any charges due and payable in respect of the subsistence of that licence.
Notice demanding payment
3
The appropriate procedure, where a new Agency proposes to suspend or revoke an environmental licence under section 41(6) of the Environment Act 1995, is as follows —
a
before taking any action under regulation 5 below to suspend or revoke an environmental licence, the new Agency shall first serve on the holder of the environmental licence a notice demanding payment within twenty-eight days after the service of the notice of any charges due and payable in respect of the subsistence of the licence; and
b
the new Agency shall allow the period of twenty-eight days to expire before taking further action to suspend or revoke the environmental licence.
Contents of notice demanding payment
4
A notice demanding the payment of any charges which is served for the purposes of regulation 3 shall state —
a
that the environmental licence may be suspended or revoked if the charges are not paid within twenty-eight days after the service of the notice; and
b
the effect of suspension or revocation.
Notice of suspension or revocation
5
1
Suspension or revocation of a licence under section 41(6) of the Environment Act 1995 shall be effected by the service of a notice of suspension or revocation on the holder of the environmental licence.
2
A notice of suspension or revocation shall —
a
set out the reason for the suspension or revocation and the date and time at which it will take effect; and
b
in the case of a suspension of an environmental licence, set out the circumstances in which the suspension may be lifted.
Signed by authority of the Secretary of State
James Clappison
Parliamentary Under Secretary of State,
Department of the Environment
29th February 1996


text:
1
This Instrument may be cited as “The County Council of Norfolk (Reconstruction of Acle Wey Bridge) Scheme 1995 Confirmation Instrument 1996” and shall come into force on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
2
The County Council of Norfolk (Reconstruction of Acle Wey Bridge) Scheme 1995 (“the Scheme”) is hereby confirmed with modifications.
3
The Scheme as confirmed is set out in the Schedule hereto and copies of the Scheme with its accompanying plans as modified are deposited at the offices of the Department of Transport, Great Minster House, 76 Marsham Street, London SW1P 4DR and at the offices of the County Council of Norfolk at County Hall, Martineau Lane, Norwich, NR1 2DH.
Signed by authority of the Secretary of State for Transport
Pamela Denham
Regional Director Government Office for the North East
30th January 1996


text:
Commencement and citation
1
This Order may be cited as the A41 Trunk Road (Camden and Westminster) Red Route (Bus Lanes) Experimental Traffic Order 1996, and shall come into force on 30th August 1996.
Interpretation
2
In this Order —
a
a reference to an article followed by a number is a reference to the article of this order so numbered
b
causing includes permitting;
c
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ; and
d
“vehicle” includes part of a vehicle.
Bus Lane Controls
3
1
Except as provided in paragraph (2) of this article, and subject to the provisions of article 4, no person shall cause a vehicle to enter or proceed in any bus lane in a length of road, specified in column (2) in an item in the table in the schedule to this Order during the hours specified in that item in column (3) of that table.
2
The controls specified in paragraph (1) of this article do not apply in respect of: —
a
a bus;
b
a taxi as defined in regulation 4 of theTraffic Signs Regulations and General Directions 1994 ; or
c
a pedal cycle.
3
In this article —
a
“bus” means: —
before 1 January 1997
i
a public service vehicle used for the provision of a local service or a scheduled express service,
ii
a school bus, and
iii
a work bus;
after 31 December 1996
i
a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver), and
ii
a local bus not so constructed or adapted; and
at any time a vehicle which
i
is constructed or adapted for the carriage of disabled persons and their companions, and which is being used to provide a service for the carriage of such persons, and
iii
displays so as to be conspicuous from outside the vehicle a disc in a form approved by or with the authority of the Traffic Director for London and containing the words DIAL-A-RIDE;
b
“bus lane” means an area of the carriageway of a road marked with the traffic signs shown in diagrams 1048 and 1049 in schedule 6 to the Traffic Signs Regulations and General Directions 1994; and
c
“local bus”, “local service”, “pedal cycle”, “scheduled express cartage”, “school bus”, and “work bus” have the meanings given to those expressions in regulation 4 of the Traffic Signs Regulations and General Directions 1994.
Exemptions
4
The controls specified in article 3(1) do not apply to: —
a
a vehicle being used for ambulance, fire brigade or police purposes;
b
a vehicle being used in the service of a local authority for the purpose of collecting refuse from premises adjacent to a bus lane;
c
a vehicle being used in connection with the removal of any obstructions to traffic;
d
a vehicle being used in connection with the maintenance, improvement or reconstruction of a bus lane;
e
a vehicle entering a bus lane so as to avoid an accident;
f
a vehicle entering a bus lane to get or give help in consequence of an accident or an emergency or otherwise taking action for public safety;
g
a vehicle which bears the Royal Mail livery for so long as my be required for the purpose of collection or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters;
h
a vehicle entering and forthwith leaving a bus lane in order to gain access to or egress from any road adjacent to that bus lane or any vehicular accessway to premises adjacent to the bus lane or crossing over the footway adjacent to the bus lane;
i
anything done with the permission or at the direction of a police constable in uniform or a traffic warden;
Power to modify or suspend this Order
5
If it appears to the Traffic Director for London, or some person authorised by him, essential in the interest of the expeditious, convenient and safe movement of traffic, or for preserving or improving the amenities of the area through which any road affected by this Order runs, and after consulting with the Commissioner of Police of the Metropolis, he may modify or suspend any provision of this Order, save that no modification shall make an addition.
Suspension of existing Orders
6
1
Subject to paragraph (2) of this article, the Camden & Westminster (Bus Lane)(No.2) Traffic Order 1992 and the City of Westminster (Bus Lanes)(No.2) Traffic Order 1979 are hereby suspended, in so far as their provisions relate to any bus lane in any part of the A41 Trunk Road.
2
The suspension specified in paragraph (1) of this article shall take effect in respect of any provision contained in the Camden & Westminster (Bus Lane)(No.2) Traffic Order 1992 or the City of Westminster (Bus Lanes)(No.2) Traffic Order 1979 only from the time at which the traffic sign indicating the effect of that provision has been obliterated.
Revocation of existing Order
7
The A41 Trunk Road (Westminster) Red Route (Bus Lane) Experimental Traffic Order 1995 is hereby revoked.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
20th August 1996


text:
Citation and commencement
1
This Order may be cited as the Housing Renewal Grants (Services and Charges) Order 1996 and shall come into force on 17th December 1996.
Specified services and charges
2
1
The services and charges specified for the purposes of section 2(3)(b) of the Housing Grants, Construction and Regeneration Act 1996 (meaning of preliminary or ancillary services and charges) are those for which the applicant is liable in respect of —
a
confirmation, if sought by the local authority, that the applicant has an owner’s interest,
b
technical and structural surveys,
c
design and preparation of plans and drawings,
d
preparation of schedules of relevant works,
e
assistance in completing forms,
f
advice on financing the costs of the relevant works which are not met by grant;
g
applications for building regulations approval (including application fee and preparation of related documents),
h
applications for planning permission (including application fee and preparation of related documents),
i
applications for listed building consent (including application fee and preparation of related documents),
j
applications for conservation area consent (including application fee and preparation of related documents),
k
obtaining of estimates,
l
advice on contracts,
m
consideration of tenders,
n
supervision of the relevant works,
o
disconnection and reconnection of electricity, gas, water or drainage utilities where this is necessitated by the relevant works, and
p
payment of contractors.
2
In a case where the application is for disabled facilities grant, the services and charges of an occupational therapist in relation to the relevant works are also specified for those purposes.
David Curry
Minister of State,
Department of the Environment
15th November 1996
William Hague
Secretary of State for Wales
18th November 1996


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


text:
Citation and commencement
1
These Regulations may be cited as the Civil Legal Aid (Assessment of Resources) (Amendment) (No. 3) Regulations 1996 and shall come into force on 7th October 1996.
Interpretation
2
In these Regulations a reference to any regulation or Schedule by number alone means the regulation or Schedule so numbered in the Civil Legal Aid (Assessment of Resources) Regulations 1989 .
Amendments to the Civil Legal Aid (Assessment of Resources) Regulations 1989
3
In regulation 3(1), after the definition of “income” there shall be added the following: —
“income-based jobseeker’s allowance” has the meaning given by section 1(4) of the Jobseekers Act 1995 , but excludes any sum treated as payable by way of a jobseeker’s allowance by virtue of section 26 of that Act;
.
4
In regulation 14, the following shall be substituted for the words from “which shall” to the end of the regulation: —
and give written notice to the Area Director of the amended assessment and of any of the circumstances giving rise to it which he considers to merit special attention.
.
5
Schedule 2 shall be amended as follows: —
a
in paragraph 5, after “in receipt” there shall be inserted “of income-based jobseeker’s allowance or”, and after “during which” there shall be inserted “income-based jobseeker’s allowance or”;
b
after paragraph 6, there shall be inserted the following: —
6A
In computing disposable income there shall be disregarded —
a
so much of any back to work bonus received under section 26 of the Jobseekers Act 1995 as is by virtue of that section to be treated as payable by way of a jobseeker’s allowance;
b
any payment made by the Secretary of State under the Earnings Top-up Scheme 1996 .
.
6
Schedule 3 shall be amended as follows: —
a
in paragraph 7, after “in receipt” there shall be inserted “of income-based jobseeker’s allowance or”, and after “during which” there shall be inserted “income-based jobseeker’s allowance or”;
b
the following shall be substituted for paragraph 8: —
8
In computing the amount of capital of the person concerned, there shall be disregarded —
a
so much of any back to work bonus received under section 26 of the Jobseekers Act 1995 as is by virtue of that section to be treated as payable by way of a jobseeker’s allowance; and
b
the whole of any payment made out of the social fund under the Social Security Contributions and Benefits Act 1992 .
; and
c
paragraph 14B shall be omitted.
Mackay of Clashfern, C.
Dated 23rd August 1996
We consent,
Bowen Wells
Roger Knapman
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 2nd September 1996


text:
PART I
GENERAL
Citation and commencement
1
This Order may be cited as the Kent (Borough of Gillingham and City of Rochester upon Medway) (Structural Change) Order 1996 and shall come into force for the purposes of articles 2(2), 3, 6(1), (3) and (4), and 9 to 16 on the day after the day on which it is made and for all other purposes on 1st April 1998.
Interpretation
2
1
In this Order —
“ the Act ” means the Local Government Act 1992;
“the 1972 Act ” means the Local Government Act 1972 ;
“existing”, in relation to an area, means that area as it exists on the date this Order is made;
“Gillingham” means the borough of Gillingham and “the Gillingham Council” means the council of that borough;
“Kent” means the non-metropolitan county of Kent and “the County Council” means the council of that county;
“ Kent district ” means a district in Kent;
“the relevant date” means 5th May 1997;
“relevant provision” means a provision in any subordinate legislation made under the Act or made, in connection with the Act or such provision, under any other enactment;
“the reorganisation date” means 1st April 1998;
“Rochester” means the city of Rochester upon Medway and “the Rochester Council” means the council of that city;
“subordinate legislation” has the same meaning as in section 21 of the Interpretation Act 1978 ;
“transferee authority” means the Medway Towns District Council; and
“transferor authorities” means the County Council, the Gillingham Council and the Rochester Council.
2
The period beginning with the relevant date and ending immediately before the reorganisation date is specified as the preliminary period for the purposes of this Order and any other statutory instrument made under the Act.
PART II
LOCAL GOVERNMENT REORGANISATION IN GILLINGHAM AND ROCHESTER
Constitution of new district of the Medway Towns
3
1
A new district of the Medway Towns shall be constituted and shall comprise the areas of the existing Kent districts of Gillingham and Rochester.
2
Subject to article 13, there shall be a new non-metropolitan district council for the district of the Medway Towns (“the Medway Towns Council”).
Structural change
4
The functions of the County Council in relation to the districts of Gillingham and Rochester shall, subject to the following provisions of this Part and to any other relevant provision, be transferred to the Medway Towns Council.
Constitution of new county of the Medway Towns
5
1
The district of the Medway Towns shall cease to form part of Kent.
2
A new county shall be constituted comprising the district area of the Medway Towns and shall be named the county of the Medway Towns.
3
Section 2(1) of the 1972 Act (which provides that every county shall have a council) shall not apply in relation to the county of the Medway Towns.
Fire services
6
1
In this article —
“the 1947 Act ” means the Fire Services Act 1947 ; and
“the relevant area” means the area comprising Kent (as constituted on and after the reorganisation date) and the area of the district of the Medway Towns.
2
The area of the district of the Medway Towns shall, subject to any combination scheme under the 1947 Act, become the area of a fire authority for the purposes of that Act.
3
For the purposes of the making of a combination scheme with respect to the relevant area before the reorganisation date in accordance with section 10 of the 1947 Act (power to make schemes in advance of alterations to local government areas), section 5(2) of that Act shall have effect, in relation to that area, as if —
a
in paragraphs (a) and (d) of that subsection, for “the constituent authorities”, wherever those words occur, there were substituted “the council of the county of Kent”; and
b
in paragraphs (e) and (f) of that subsection, for “any of the constituent authorities” there were substituted “the council of the county of Kent”.
4
Section 10 of the 1947 Act shall have effect, in relation to the relevant area, as if after the word “but” there were inserted the words “, except so far as it relates to the constitution of an authority as the fire authority for the combined area constituted by the scheme and the performance by that authority of any functions necessary for bringing the scheme into full operation on that date,”.
Planning functions
7
1
The structure plan applying immediately before the reorganisation date to Kent and any proposals prepared before that date for the alteration or replacement of that plan shall be treated as if they had been prepared jointly by the County Council and the Medway Towns Council; and section 50 of the Town and Country Planning Act 1990 shall apply accordingly.
2
In relation to the Medway Towns Council —
a
section 36(5) of the 1990 Act (which provides that a local plan shall not contain policies in respect of minerals or waste) shall not apply;
b
subsection (1) of section 37 of that Act (minerals local plans) shall have effect as if, after the words “local plan”, there were added the words “or include in their local plan their detailed policies in respect of development consisting of the winning and working of minerals or involving the deposit of mineral waste”; and
c
subsection (2) of section 38 of that Act (waste policies) shall have effect as if, after paragraph (b), there were added the following —
or
c
include their waste policies in their local plan.
.
Existing local government areas
8
1
The existing Kent districts of Gillingham and Rochester shall be abolished.
2
The Gillingham Council and the Rochester Council shall be wound up and dissolved.
PART III
ELECTORAL ARRANGEMENTS
Electoral areas in the Medway Towns
9
The district of the Medway Towns shall be divided into 34 wards, which shall comprise the areas and bear the names of the wards described in the Borough of Gillingham (Electoral Arrangements) Order 1976 and the Borough of Medway (Electoral Arrangements) Order 1976 , and each ward shall be represented by two councillors.
Elections in the Medway Towns
10
1
Elections of all councillors of the Medway Towns Council shall be held simultaneously on the ordinary day of election of councillors in 1997, 2000, 2003 and every fourth year after 2003 ; and the term of office of any councillor so elected shall be, in the case of a councillor elected in 1997 and 2000, three years and, in any other case, four years.
2
On the fourth day after such an election held after 1997 —
a
the persons who were councillors immediately before the election shall retire; and
b
the newly elected councillors shall come into office.
First elections
11
1
At the elections held in 1997 by virtue of article 10, the returning officer for the election of the Medway Towns Council shall be the returning officer appointed under section 35 of the Representation of the People Act 1983 (“the 1983 Act ”) by the council of the existing district of Rochester.
2
All expenditure properly incurred by the returning officer in relation to the holding of the election of councillors of the Medway Towns Council in 1997 shall be paid by the councils of Gillingham and Rochester in such proportions as may be agreed between them or, failing such agreement, as may be determined by the Secretary of State.
3
Paragraph 2(2) of the Schedule to the Local Government Changes for England Regulations 1994 shall not apply in relation to this election.
Suspension of elections, retirement of councillors and casual vacancies
12
1
The ordinary election of councillors in 1997 for the electoral divisions of Kent comprised in Gillingham and Rochester shall not take place; and any councillor for such a division holding office immediately before the relevant date who would, but for this paragraph, have retired on that date shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until the reorganisation date.
2
Section 89 of the 1972 Act (filling of casual vacancies in case of councillors) shall have effect, in relation to a casual vacancy occurring in the office of councillor of the Gillingham Council, the Rochester Council, or any electoral division referred to in paragraph (1) above, as if the reference in subsection (3) of that section to the day on which the councillor whose office is vacant would regularly have retired were a reference to the reorganisation date.
3
The electoral divisions of Kent comprised in Gillingham and Rochester shall cease to be electoral divisions on the reorganisation date.
PART IV
TRANSITIONAL PROVISION
Shadow authorities
13
During the preliminary period —
a
the transferree authority shall not be a local authority for the purposes of the 1972 Act and, in relation to that council, section 2(2) of that Act shall have effect as if the words from “and the council” to the end of that subsection were omitted; and
b
the transferee authority shall be a shadow authority for the purposes of the Local Government Changes for England Regulations 1994 .
Co-operation
14
The transferor authorities and their officers and, during the preliminary period, those authorities and officers and the transferee authority and its officers, shall co-operate with each other, and generally exercise their functions, so as to facilitate the implementation of this Order and any other relevant provision.
Preparations for transfer of functions
15
1
The transferor authorities and, during the preliminary period, the transferee authority, make take such steps as appear to them to be necessary for the purpose of preparing for the transfer and exercise of functions which will, on and after the reorganisation date, be exercisable by the transferee authority by virtue or in consequence of this Order or any other relevant provision.
2
During the preliminary period —
a
the transferor authorities shall furnish the transferee authority with all such information relating to the transferor authorities or their functions as the transferee authority may reasonably request for the purpose of implementing this Order or any other relevant provision; and
b
the transferee authority shall —
i
in relation to the functions mentioned in paragraph (1) above, make such arrangements for organisation and management and such appointments of officers as are necessary to secure the proper performance of those functions on and after the reorganisation date;
ii
at a meeting of the authority, consider a report by the head of its paid service as to whether any such functions could with advantage be discharged in pursuance of arrangements made under section 101 of the 1972 Act (arrangements for discharge of functions) or under any other enactment; and
iii
if of that opinion, shall promote the making of such arrangements.
3
In paragraph (2) above, the reference to the head of a council’s paid service is a reference to the officer designated as such under section 4(1) of the Local Government and Housing Act 1989 ; and nothing in section 101 of the 1972 Act shall apply to the duty imposed by virtue of sub-paragraph (b) of that paragraph.
Activities preliminary to the exercise of functions
16
Where, during the preliminary period, a transferor authority is required by virtue of any enactment to prepare any budgets or plans, or to consult any person, for purposes connected with the exercise, on and after the reorganisation date, of any functions in relation to any part of the area of the transferee authority, which, on and after that date, are exercisable by the transferee authority, the requirement in question shall, subject to any other relevant provision, cease to have effect during that period in relation to that authority; and any such requirement shall instead have effect, during that period and for those purposes, in relation to the transferee authority.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
18th July 1996


text:
1
This Order may be cited as the Broadcasting (Percentage of Television Multiplex Revenue) Order 1996.
2
No percentage of multiplex revenue shall be specified under paragraph (f) of section 7(1) of the Broadcasting Act 1996 in relation to any notice published by the Commission in pursuance of that section while this Order is in force.
3
This Order shall come into force on 20th November 1996 and shall cease to have effect on 30th September 2002.
Virginia Bottomley
Secretary of State for National Heritage
30th October 1996