text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996 and shall come into force on 1st September 1996.
2
In these Regulations, unless the context otherwise requires —
“the 1983 Regulations ” means the Classification and Labelling of Explosives Regulations 1983 ;
“the 1986 Regulations ” means the Road Vehicles (Construction and Use) Regulations 1986 ;
“the 1992 Regulations ” means the Road Traffic (Training of Drivers of Vehicles Carrying Dangerous Goods) Regulations 1992 ;
“ ADR ” means the European Agreement concerning the International Carriage of Dangerous Goods by Road signed at Geneva on 30th September 1957 , as revised or re-issued from time to time;
“the ADR Directive ” means Council Directive 94/55/ EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road ;
“agricultural or forestry tractor” has the same meaning as in regulation 2(1) of the Carriage of Dangerous Goods by Road Regulations 1996;
“agriculture” has the same meaning as in regulation 2(1) of the Carriage of Dangerous Goods by Road Regulations 1996;
“approved” means approved in writing for the purposes of these Regulations;
“Approved Carriage List” means the list described in regulation 4(1)(a) of the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996 , as revised in accordance with regulation 4(2) of those Regulations;
“attendant” has the same meaning as in regulation 2(1) of the Carriage of Explosives by Road Regulations 1996 ;
“break-down vehicle” has the same meaning as in regulation 3(1) of the Goods Vehicles (Plating and Testing) Regulations 1988 ;
“carriage” means carriage by road and shall be construed in accordance with regulations 1(6) and 2(4);
“the CDGCPL Regulation ”, means the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996;
“Compatibility Group” and “Compatibility Group letter” have the same meanings as in regulation 2(1) of the 1983 Regulations;
“the Council Directive ” means Council Directive 89/684/ EEC on vocational training for certain drivers carrying dangerous goods by road and any reference in these Regulations to anything done under that Directive shall have effect notwithstanding any subsequent revocation of that Directive;
“dangerous goods” has the same meaning as in regulation 2(1) of the CDGCPL Regulations ;
“Division” and “Division number” have the same meanings as in regulation 2(1) of the 1983 Regulations;
“explosives” means explosive articles or substances which —
have been assigned on classification in accordance with the 1983 Regulations to Class 1; or
have not been classified under the 1983 Regulations (other than any such articles or substances which have been classified as an organic peroxide or a flammable solid under regulation 5 of the CDGCPL Regulations);
“explosive article” and “explosive substance” have the same meanings as in regulation 2(1) of the Carriage of Explosives by Road Regulations 1996 ;
“fire authority” has the meaning assigned to it by section 38(1) of the Fire Services Act 1947 ;
“flammable gas” means dangerous goods so classified in accordance with regulation 5 of the CDGCPL Regulations;
“flash point” has the same meaning as in regulation 2(1) of the CDGCPL Regulations;
“gunpowder” means the explosive substances allocated on classification the UN number 0027 or 0028;
“member state” means a country (other than the United Kingdom) which is a member of the European Communities;
“motor vehicle” has the same meaning as in the Table contained in regulation 3(2) of the 1986 Regulations;
“nominally empty” in relation to a vehicle or receptacle, means that it is not in fact empty but that as much of the dangerous goods which the vehicle or receptacle contained as it was reasonably practicable to discharge therefrom has been so discharged;
“operator” has the same meaning as in regulation 2(1) of the Carriage of Dangerous Goods by Road Regulations 1996;
“package” has, in relation to dangerous goods other than radioactive material, the same meaning as in regulation 2(1) of the CDGCPL Regulations;
“package” has, in relation to radioactive material, the same meaning as in regulation 2(1) of the Radioactive Material (Road Transport) (Great Britain) Regulations 1996 ;
“packagings” has the meaning assigned to it in regulation 2(1) of the CDGCPL Regulations;
“permissible maximum weight” has, in relation to a road tanker or other vehicle, the same meaning as it does in section 108(1) of the Road Traffic Act 1988 in relation to a goods vehicle, as defined by section 192(1) of that Act;
“petroleum fuel” includes petrol, kerosene, diesel and liquefied petroleum gas;
“petroleum licensing authority” has the same meaning as in regulation 20(2)(c) of the Carriage of Dangerous Goods by Road Regulations 1996;
“radioactive material” has the same meaning as in section 1(1) of the Radioactive Material (Road Transport) Act 1991 ;
“road” has the same meaning as in regulation 2(1) of the CDGCPL Regulations;
“road tanker” has the same meaning as in regulation 2(1) of the CPL Regulations;
“semi-trailer” has the same meaning as in the Table contained in regulation 3(2) of the 1986 Regulations;
“smokeless powder” means the explosive substance allocated on classification the UN number 0160 or 0161;
“tank” has the same meaning as in regulation 2(1) of the CDGCPL Regulations;
“tank container” has the same meaning as in regulation 2(1) of the CDGCPL Regulations;
“trailer” has the same meaning as in the Table contained in regulation 3(2) of the 1986 Regulations;
“Transport Index” has the same meaning as in regulation 2(1) of the Radioactive Material (Road Transport) (Great Britain) Regulations 1996;
“UN number” has the meaning assigned to it in regulation 2(1) of the CDGCPL Regulations and any reference to the letters “UN” followed by a number, in relation to certain dangerous goods, means the particular UN number for those goods specified in the Approved Carriage List;
“vehicle” has the same meaning as in regulation 2(1) of the Carriage of Dangerous Goods by Road Regulations 1996;
“vocational training certificate” has the meaning assigned to it by regulation 4(1); and
“volumetric prover” means a tank or prover pipe with a capacity not exceeding 10 cubic metres intended to be used for the calibration of metering equipment or the measurement of petroleum fuel deliveries and which is structurally attached to, or is an integral part of, the frame of a vehicle.
3
Where a vehicle which is engaged in the carriage of dangerous goods is —
a
being driven by a person undergoing training under the supervision of an instructor; or
b
being towed or otherwise moved by a break-down or recovery vehicle and the driver of the break-down or recovery vehicle is accompanied by the driver of the vehicle which is being towed or otherwise moved,
the instructor or (as the case may be) the driver of the vehicle which is being towed or otherwise moved shall be regarded as the driver of the vehicle concerned for the purposes of these Regulations.
4
Any requirement imposed by regulations 3 to 6 on or in respect of the driver of a vehicle which is engaged in the carriage of explosives shall be taken to include a like requirement imposed on, or as the case may be, in respect of, any attendant.
5
For the purposes of these Regulations —
a
a combination of a motor vehicle and a trailer or semi-trailer shall be deemed to be a single vehicle for as long as the constituent parts of such a combination remain attached; and
b
dangerous goods contained in different constituent parts of such a vehicle shall accordingly be considered to be contained in the same vehicle.
6
Without prejudice to the generality of regulation 2(4), a trailer or semi-trailer containing dangerous goods shall not be considered to be engaged in the carriage of dangerous goods for the purposes of these Regulations unless it forms part of a combination deemed to be a single vehicle in accordance with paragraph (5).
7
For the purposes of these Regulations any reference to a motor vehicle which is registered oiutside the United Kingdom is a reference to a motor vehicle which is not registered in the United Kingdom but is registered in another country in accordance with that country’s rules governing the registration of such vehicle.
8
Any reference in these Regulations to the carriage of dangerous goods in bulk shall be a reference to the carriage of solid dangerous goods without packaging.
9
Any reference in these Regulations to the driver of a vehicle does not include a reference to a person whose work does not involve his driving the vehicle concerned on a road.
10
Any reference in these Regulations to the net mass of any explosive shall be construed as a reference to the net mass of explosive substance.
11
In these Regulations —
a
any reference to a vehicle under the control of the armed forces is a reference to —
i
a vehicle on board which there is, as a member of its crew, a member of the armed forces acting in the course of his duties, or
ii
a vehicle in a convoy escorted by a vehicle of the type referred to in sub-paragraph (i),
where “a member of the armed forces” means —
iii
a member of Her Majesty’s Forces,
iv
a member of a visiting force within the meaning of any of the provisions of Part I of the Visiting Forces Act 1952 , or
v
a civilian who is an employee of Her Majesty’s Forces; and
b
any reference to a vehicle owned by the armed forces is a reference to a vehicle owned by —
i
Her Majesty’s Forces,
ii
visiting forces within the meaning of Part I of the Visiting Forces Act 1952, or
iii
any headquarters or organisation designated for the purposes of the International Headquarters and Defence Organisations Act 1964 ,
and includes a vehicle which has been provided to the armed forces under any kind of agreement or arrangement under which payments are, or are to be, made for the provision of the vehicle, including a conditional-sale agreement, a credit-sale agreement, a hire-purchase agreement and a contract for sale.
12
Any reference in these Regulations to —
a
a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered;
b
a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which the reference appears.
Application
2
1
These Regulations shall apply to the carriage of —
a
the dangerous goods specified in paragraph (2) —
i
in —
aa
a road tanker with a capacity greater than 1000 litres, or
bb
a tank container with a capacity greater than 3000 litres,
except where specified in Schedule 1 or paragraphs 1 or 2 of Part I of Schedule 2, and
ii
(subject to paragraph (3)) in or on a vehicle having a permissible maximum weight exceeding 3.5 tonnes —
aa
in bulk,
bb
in a road tanker with a capacity of 1000 litres or less,
cc
in a tank container with a capacity of 3000 litres or less,
dd
where any of the goods are in transport category 0,
ee
where the goods carried are in packages, none of the goods are in transport category 0 and the total mass or volume of packaged dangerous goods is greater than 20,
ff
where the goods carried are in packages, none of the goods are in transport category 0 or 1 and the total mass or volume of packaged dangerous goods is greater than 200, or
gg
where the goods carried are in packages, none of the goods are in transport category 0, 1 or 2 and the total mass or volume of packaged dangerous goods is greater than 500,
except where specified in Schedule 1 or Part I of Schedule 2;
b
explosives in or on a vehicle not also being used to carry passengers for hire or reward, except where specified in Schedule 1 or Part II of Schedule 2; and
c
radioactive material (other than that which is being carried in accordance with the conditions specified in Schedules 1 to 4 of marginal 2704 of ADR) —
i
in a road tanker with a capacity greater than 1000 litres,
ii
in a tank container with a capacity greater than 3000 litres, or
iii
in or on any other vehicle,
except where specified in Schedule 1,
and, unless the context otherwise requires, any reference in these Regulations to the carriage of dangerous goods shall be construed as a reference to any carriage to which these Regulations apply by virtue of this paragraph.
2
The dangerous goods referred to in paragraph (1)(a) are dangerous goods other than —
a
explosives;
b
those dangerous goods in category 4;
c
radioactive material (other than that which is being carried in accordance with the conditions specified in Schedules 1 to 4 of marginal 2704 of ADR).
3
The permissible maximum weight of the vehicle concerned shall not be taken into account in ascertaining whether or not regulation 3 applies to any carriage by virtue of sub-paragraph (a)(ii) of paragraph (1).
4
A vehicle shall be deemed to be engaged in the carriage of dangerous goods from the commencement of loading it with the dangerous goods concerned for the purpose of carrying those goods by road until the said vehicle and, where appropriate, any compartment thereof has been unloaded and, where necessary, cleaned or purged so that any of the goods or their vapours which remain in or on the vehicle are not sufficient to create a significant risk to the health or safety of any person, regardless of whether or not the vehicle is on a road at the material time.
5
These Regulations shall not apply to or in relation to the carriage of any of the following dangerous goods —
UN 2900 INFECTIOUS SUBSTANCE, AFFECTING ANIMALS* only UN 3077 ENVIRONMENTALLY HAZARDOUS SUBSTANCE, SOLID, N.O.S* UN 3082 ENVIRONMENTALLY HAZARDOUS SUBSTANCE, LIQUID, N.O.S* UN 3245 GENETICALLY MODIFIED MICRO-ORGANISMS,
where those goods are being carried in —
a
an agricultural or forestry tractor;
b
mobile machinery;
c
a vehicle with less than 4 wheels;
d
a vehicle with a maximum design speed of 25km/h or less; or
e
a vehicle owned by the armed forces or a vehicle under the control of the armed forces.
6
In this regulation —
a
“transport category” shall have the meaning assigned to it by regulation 2(1) of the Carriage of Dangerous Goods by Road Regulations 1996;
b
“total mass volume of packaged dangerous goods” shall have the meaning assigned to it be regulation 2(4)(a) and shall be construed in accordance with regulation 2(4)(a) and (5) of those Regulations.
Instruction and training for drivers
3
1
The operator of any motor vehicle (other than a motor vehicle registered outside the United Kingdom) which is engaged in the carriage of dangerous goods shall ensure that the driver of the vehicle has received —
a
adequate instruction and training to enable him to understand —
i
the nature of the dangers to which the particular dangerous goods being carried may give rise and the action to be taken in an emergency concerning them, and
ii
his duties under the Health and Safety at Work etc. Act 1974;
b
(in respect of any carriage to which these Regulations apply by virtue of regulation 2(1)(a)) adequate instruction and training to enable him to understand his duties under the Carriage of Dangerous Goods by Road Regulations 1996;
c
(in respect of any carriage to which these Regulations apply by virtue of regulation 2(1)(b)) adequate instruction and training to enable him to understand his duties under the Carriage of Explosives by Road Regulations 1996; and
d
(in respect of any carriage to which these Regulations apply by virtue of regulation 2(1)(c)) adequate instruction and training to enable him to understand his duties under the Radioactive Material (Road Transport) (Great Britain) Regulations 1996.
2
Each operator shall keep a record of any training provided by him in accordance with paragraph (1) to the driver of a vehicle, where that driver is employed by him, and shall make available a copy of that record to the driver concerned.
Vocational training certificates
4
1
Subject to paragraphs (2) and (9) and regulation 5, the operator of any vehicle which is engaged in the carriage of dangerous goods shall ensure that the driver of that vehicle holds a valid certificate applicable to that carriage (to be known as a “vocational training certificate”) issued by the Secretary of State.
2
Without prejudice to the generality of paragraph (1), in the case of any carriage referred to —
a
in regulation 2(1)(a)(i), 2(1)(c)(i) or 2(1)(c)(ii), the vocational training certificate shall be appropriate to the carriage of dangerous goods in road tankers or tank containers; and
b
in regulation 2(1)(a)(ii), 2(1)(b) or 2(1)(c)(iii), the vocational training certificate shall be appropriate to the carriage of dangerous goods in packages, and in this sub-paragraph “packages” shall be construed in accordance with “package” as defined in regulation 2(1) of the CDGCPL Regulations.
3
A driver may only be issued with a vocational training certificate in accordance with paragraph (1) where —
a
he has successfully completed such training in the carriage of the dangerous goods concerned as the Secretary of State has from time to time approved; and
b
he has passed an examination (the syllabus of which shall cover the training referred to in sub-paragraph (a) of this paragraph) which has been approved by the Secretary of State.
4
Each vocational training certificate issued in accordance with paragraph (1) shall be in a form approved by the Secretary of State.
5
The training referred to in paragraph (3)(a) shall be given in the form of a theoretical course accompanied by practical exercises and shall cover at least the subjects specified in Schedule 3.
6
Each vocational training certificate issued in accordance with paragraph (1) shall be valid for a period of 5 years from the date of issue, but its validity may be extended for periods of up to 5 years by the Secretary of State where, within the period of 12 months which precede the expiry of the original certificate or any extension of it granted in accordance with this paragraph, the holder can show to the satisfaction of the Secretary of State that he has —
a
successfully completed a refresher course in the carriage of the dangerous goods concerned which has been approved by the Secretary of State; and
b
passed the examination referred to in paragraph (3)(b).
7
Schedule 4 shall have effect with respect to fees for applications for such approvals under this regulation as are specified in paragraph 1 of that Schedule.
8
Any current certificate in the form set out in Appendix B.6 to ADR (regardless of whether or not that certificate has been extended in the manner described by Article 5.2 of the Council Directive or marginal 10315(3) of ADR) which is held by a driver and which was issued to him under national provisions giving effect to Article 1 of the Council Directive or the ADR Directive, in a member state or in Northern Ireland shall be deemed to be a vocational training certificate issued in conformity with the foregoing provisions of this regulation valid for the carriage of those dangerous goods to which it is applicable.
9
Notwithstanding paragraph (1), the driver shall not be required to hold a vocational training certificate solely by virtue of the fact that the dangerous goods being carried are radioactive material where —
a
the said material is of a type specified in Schedule 9 of marginal 2704 of ADR and is contained in packages;
b
the total number of such packages on the vehicle is not more than 10, and the sum of the Transport Indexes for the packages is not more than 3; and
c
the driver holds a certificate provided by his employer (or, in the case of self-employment, by himself) confirming that he has received the instruction and training specified in regulation 3(1)(a) and (d).
Existing training certificates
5
1
It shall be sufficient compliance with regulation 4(1) if the driver of the relevant vehicle holds a training certificate applicable to the dangerous goods being carried which was issued to him by the appropriate national authority before the coming into force of the 1992 Regulations existing at that time as respects the carriage concerned, on the basis of national provisions which the Commission of the European Communities has confirmed satisfy the corresponding requirements of the Council Directive; provided that such compliance shall cease —
a
on 1st July 1997, insofar as the certificate concerned relates to the carriage of explosives or carriage in tanks with a capacity greater than 3000 litres;
b
on 1st January 2000, insofar as the certificate concerned relates to carriage other than that specified in subparagraph (a) above; or
c
at the end of the period of validity of the certificate concerned, where that date is earlier than the relevant date specified in sub-paragraph (a) or (b) above.
2
Any vocational training certificate issued in accordance with regulation 5(1) of the 1992 Regulations shall be deemed to be a vocational training certificate issued in accordance with regulation 4(1) of these Regulations and shall remain valid until the date of expiry stated therein, subject to any extension of the validity of the certificate in accordance with regulation 5(5) of the 1992 Regulations or regulation 4(6) of these Regulations.
Certificates to be available during carriage
6
The driver of any vehicle which is engaged in the carriage of dangerous goods shall ensure that the relevant certificate he holds in accordance with regulation 4 or 5 is so kept by him that it is immediately available during the whole of the carriage.
Certificates to be produced to police constables, etc.
7
1
The driver of any vehicle which is engaged in the carriage of dangerous goods shall on request produce to any police constable or goods vehicle examiner the relevant certificate he holds in accordance with regulation 4 or 5.
2
The driver of any vehicle which is engaged in the carriage of any radioactive material shall on request produce to any inspector appointed in accordance with section 1(3)(a) of the Radioactive Material (Road Transport) Act 1991 the relevant certificate he holds in accordance with regulation 4 or 5.
3
In this regulation, “goods vehicle examiner” has the meaning assigned to it by section 66(2) of the Road Traffic Act 1988 .
Enforcement
8
Notwithstanding the Health and Safety (Enforcing Authority) Regulations 1989 the enforcing authority for these Regulations shall —
a
insofar as they apply to the carriage of explosives, be the Health and Safety Executive; and
b
insofar as they apply to the carriage of petrol (and that carriage is also carriage which is subject to the provisions of Schedule 12 to the Carriage of Dangerous Goods by Road Regulations 1996), be the relevant petroleum licensing authority ascertained in accordance with regulation 20(2)(c) of the said Regulations.
Exemption certificates
9
1
Subject to paragraph (2) and to any provisions imposed by the Communities in respect of the transport of dangerous goods by road, the Health and Safety Executive may, by a certificate in writing, exempt any person or class of person from all or any of the requirements or prohibitions imposed by these Regulations; and any such exemption may be granted subject to conditions and to a limit of time and may be revoked at any time by the Health and Safety Executive by a further certificate in writing.
2
The Health and Safety Executive shall not grant any exemption in accordance with paragraph (1) unless, having regard to the circumstances of the case, and in particular to —
a
the conditions, if any, which it proposes to attach to the exemption; and
b
any other requirements imposed by or under any enactments which apply to the case,
it is satisfied that the health and safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it.
3
The Secretary of State for Defence may, in the interests of national security, by a certificate in writing, exempt any person from all or any of the requirements or prohibitions imposed by these Regulations isofar as they relate to the carriage of any dangerous goods in or on —
a
any vehicle owned by the armed forces, or
b
any vehicle under the control of the armed forces,
and any such exemption may be granted subject to conditions and to a limit of time and may be revoked at any time by the said Secretary of State by a further certificate in writing.
Defence
10
1
In any proceedings for an offence for a contravention of any of the provisions of these Regulations it shall, subject to paragraphs (2) and (3), be a defence for the person charged to prove —
a
that the commission of the offence was due to the act or default of another person not being one of his employees (hereinafter called “the other person”); and
b
that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
2
The person charged shall not, without leave of the court, be entitled to rely on the defence referred to in paragraph (1) unless, within a period ending seven clear days —
a
before the hearing to determine the mode of trial, where the proceedings are in England or Wales; or
b
before the trial, where the proceedings are in Scotland,
he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of the other person as was then in his possession.
3
For the purpose of enabling the other person to be charged with and convicted of the offence by virtue of section 36 of the Health and Safety at Work etc. Act 1974, a person who establishes a defence under this regulation shall nevertheless be treated for the purposes of that section as having committed the offence.
Transitional defence
11
1
In any proceedings for an offence consisting of a contravention of regulation 3 or 4(1) of these Regulations prior to 1st January 1997 in relation to the carriage of dangerous goods other than radioactive material it shall be a defence for the accused to prove that, as regards the carriage concerned, he has complied with the relevant requirements (if any) of regulation 4 or 5(1), respectively, of the 1992 Regulations, as in force immediately before these Regulations came into force.
2
Without prejudice to the availability of the defence in paragraph (1), in any proceedings for an offence —
a
consisting of a contravention of regulations 3 or 4(1) of these Regulations prior to 1st July 1997; and
b
in relation to the carriage of radioactive material,
it shall be a defence for the accused to prove that, as regards the carriage concerned, he has complied with the relevant requirements (if any) of regulation 4 or 5(1), respectively, of the 1992 Regulations, as in force immediately before these Regulations came into force.
Amendments to the Health and Safety (Fees) Regulations 1995
12
In the Health and Safety (Fees) Regulations 1995 —
a
for the heading to regulation 13, substitute the following —
Vocational training certificates under the Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996
;
b
in regulation 13(1), for the words “paragraph (1) of regulation 5 of the Road Traffic (Training of Drivers of Vehicles Carrying Dangerous Goods) Regulations 1992” substitute the words “paragraph (1) of regulation 4 of the Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996”;
c
in regulation 13(2), for the words “paragraph (5) of regulation 5 of the Road Traffic (Training of Drivers of Vehicles Carrying Dangerous Goods) Regulations 1992” substitute the words “paragraph (6) of regulation 4 of the Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996”; and
d
for the heading of Schedule 11 substitute the following —
VOCATIONAL TRAINING CERTIFICATES UNDER THE CARRIAGE OF DANGEROUS GOODS BY ROAD (DRIVER TRAINING) REGULATIONS 1996.
Revocations
13
The 1992 Regulations are revoked.
Signed by Authority of the Secretary of State for Transport.
John Bowis
Parliamentary Under Secretary of State,
Department of Transport.
8th August 1996


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (Gosport Borough Council) Order 1996 and shall come into force on 24th July 1996.
Exemptions
2
1
Cleaning (other than the cleaning of buildings), and the repair and maintenance of vehicles, shall not be treated as defined activities so long as they are carried out by the council of the borough of Gosport (“the authority”) in their area before 1st April 1997.
2
The maintenance of ground by the authority shall not be treated as a defined activity so long as it is carried out in their area during the period beginning on 1st January 1997 and ending with 31st March 1997.
Signed by authority of the Secretary of State
Paul Beresford
Parliamentary Under-Secretary of State,
Department of the Environment
25th June 1996


text:
1
This Order may be cited as the Insurance Companies (Reserves) Act 1995 (Commencement) Order 1996.
2
Sections 1 and 3 of the Insurance Companies (Reserves) Act 1995 shall come into force on 30th April 1996.
Anthony Nelson
Minister of State,
Department of Trade and Industry
24th March 1996


text:
1
This Order may be cited as the European Investment Bank (Designated International Organisation) Order 1996.
2
In this Order —
“relevant international organisation” has the meaning given by section 840A(3) of the Taxes Act ;
“the Taxes Act” means the Income and Corporation Taxes Act 1988.
3
1
The European Investment Bank being a relevant international organisation is designated as a bank for the purposes of any provision to which paragraph (2) of this article applies.
2
This paragraph applies to any provision in relation to which it is provided that the word “bank” in that provision has the meaning given by section 840A of the Taxes Act.
4
Paragraph (a) of section 349(3) of the Taxes Act , being a provision to which article 3(2) applies, shall apply to the European Investment Bank as if the words from “if” to the end were omitted.
Simon Burns
Liam Fox
Two of the Lords Commissioners of Her Majesty’s Treasury
29th April 1996


text:
Citation and commencement
1
These Regulations may be cited as the Highways (Road Humps) Regulations 1996 and shall come into force on 9th July 1996.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Highways Act 1980;
“traffic sign” has the same meaning as in section 64 of the Road Traffic Regulation Act 1984 ;
“the Traffic Signs Regulations ” means the Traffic Signs Regulations 1994
2
A reference in these Regulations to a traffic sign is a reference to that sign, if used in Wales, with the prefer W as prescribed by the Traffic Signs (Welsh and English Language Provisions) Regulations 1985 .
3
A reference in these Regulations to a numbered regulation is a reference to the regulation bearing that number in these Regulations.
Consultation about road hump proposals
3
Where the Secretary of State or a local highway authority proposes to construct a road hump, he or they shall, as well as consulting the chief officer of police as required by section 9OC(1) of the Act, also consult —
a
where the proposal is by a local highway authority in England which is the council of a County, any district council in whose district the highway is situated;
b
in all cases, the chief officer of the fire brigade for the area in which the highway concerned is situated and the chief officer of any body providing ambulance services under the National Health Service Act 1977 and operating in that area;
c
in all cases, organisations appearing to him or them to represent persons who use the highway to which the proposal relates, or to represent persons who are otherwise likely to be affected by the road hump.
Nature, dimensions and location of road humps
4
1
Subject to regulation 7, no road hump shall be constructed or maintained in a highway unless —
a
each face of it across the carriageway of the highway in which it is constructed is at right angles to an imaginary line along the centre of that carriageway;
b
it has a minimum length of 900 millimetres measured parallel to an imaginary line along the centre of that carriageway from the point where one face meets the surface of that carriageway to the point where the other face meets the surface of that carriageway;
c
the highest point on it is not less than 25 millimetres nor more than 100 millimetres higher than an imaginary line parallel to the centre line of that carriageway connecting the surface of that carriageway on one side of the road hump to the surface of that carriageway on the other side of the road hump and passing vertically below that point; and
d
it has no vertical face of any material forming part of that road hump exceeding 6 millimetres measured vertically from top to bottom of that face.
2
A road hump may be constructed and maintained in a highway so that an imaginary line along the centre of the hump from one side of the road to the other is in the same position as an imaginary line from one side of the road to the other along the centre of the pattern of black and white stripes specified in paragraph 4(1) of Part I of Schedule 2 to the “Zebra” Pedestrian Crossings Regulations 1971 .
3
Save as mentioned in paragraph (2) above, no road hump shall be within the limits of a zebra controlled area as defined in regulation 3(1) of the regulations mentioned in that paragraph or within 30 metres from the imaginary line along the centre of the pattern of stripes mentioned in that paragraph.
4
A road hump may be constructed and maintained in a highway so that an imaginary line along the centre of the hump from one side of the road to the other is in the same position as an imaginary line along the centre of the limits of the crossing from one side of the road to the other as shown in a diagram in Schedule 2 to the “Pelican” Pedestrian Crossings Regulations 1987 .
5
Save as mentioned in paragraph (4) above, no road hump shall be within the limits of a “pelican” crossing as defined in regulation 3(1) of the regulations mentioned in that paragraph or within 30 metres of any part of any such crossing.
6
No road hump shall be constructed or maintained in a highway:
a
on a railway level crossing or within 20 metres of any rail forming part of the railway track at any such crossing;
b
within 2 metres of any rail providing support and guidance for vehicles carried on flanged wheels and running in a carriageway of that highway otherwise than at a railway level crossing;
c
under or within 25 metres of any part of a structure over a carriageway of that highway any part of which is 6.5 metres or less above the surface of the carriageway; or
d
above or within 25 metres of any part of a bridge over which a carriageway of that highway passes or any part of a tunnel, culvert or other similar structure which crosses beneath a carriageway of that highway.
Lighting of road humps
5
Subject to regulation 7 no road hump shall be constructed in any highway unless in that highway there is lighting for that road hump which is–
a
a system of street lighting furnished by at least three lamps lit by electricity and placed so that not more than 38 metres separate any of the lamps from the next one to it, or
b
a system of street lighting complying with the British Standard for Road Lighting published by the British Standards Institution under number BS 5489 or with a standard or code of practice of a national standards body or equivalent body of any member state of the European Community, or
c
lighting specially provided for the road hump.
Placing of traffic signs
6
Subject to regulation 7, where a road hump is constructed in a highway the highway authority for that highway shall cause to be placed and thereafter cause to be maintained appropriate traffic signs as prescribed in the Traffic Signs Regulations in such positions (if such positions are not prescribed in the Traffic Signs Regulations) as the authority may consider requisite for the purpose of providing adequate warning of the presence of a road hump or a series of road humps to persons using the highway.
7
Where a road hump is placed in a highway which is subject to a speed limit of 20 miles per hour or less, the provisions of regulations 4(1)(a), 4(6)(c) and(d), 5 and 6 shall not apply.
Revocation
8
The Highways (Road Humps) Regulations 1990 and the Highways (Road Humps) (Amendment) Regulations 1990 are hereby revoked.
Saving
9
A road hump constructed in compliance with The Highways (Road Humps) Regulations 1990 shall be treated as having been constructed in compliance with these regulations.
Signed by authority of the Secretary of State for Transport and the Secretary of State for Wales
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
4th June 1996
William Hague
Secretary of State for Wales
6th June 1996


text:
1
This Order may be cited as the Landfill Tax (Contaminated Land) Order 1996 and shall come into force on 1st August 1996, except that article 4 shall come into force on the same day as section 54 of the Finance Act 1996 comes into force.
2
The Finance Act 1996 shall be amended in accordance with the following provisions of this Order.
3
After section 43 there shall be inserted the following:
Contaminated land.
43A
1
A disposal is not a taxable disposal for the purposes of this Part if it is a disposal within subsection (2) below.
2
A disposal is within this subsection if —
a
it is of material all of which has been removed from land in relation to which a certificate issued under section 43B below was in force at the time of the removal;
b
none of that material has been removed from a part of the land in relation to which, as at the time of the removal, the qualifying period has expired;
c
it is a disposal in relation to which any conditions to which the certificate was made subject are satisfied; and
d
it is not a disposal within subsection (4) below.
3
For the purpose of subsection (2)(b) above the qualifying period expires, in relation to the part of the land in question —
a
in the case of a reclamation which qualified under section 43B(7)(a) below, where the object involves the construction of —
i
a building; or
ii
a civil engineering work,
when the construction commences;
b
in any other case of a reclamation which qualified under section 43B(7)(a) below, when pollutants have been cleared to the extent that they no longer prevent the object from being fulfilled; or
c
in the case of a reclamation which qualified under section 43B(7)(b) below, when pollutants have been cleared to the extent that the potential for harm has been removed.
4
Subject to subsection (5) below, a disposal is within this subsection if it is of material the removal of any of which is required in order to comply with —
a
a works notice served under section 46A of the Control of Pollution Act 1974; ;
b
an enforcement notice served under section 13 of the Environmental Protection Act 1990;
c
a prohibition notice served under section 14 of the Environmental Protection Act 1990;
d
an order under section 26 of the Environmental Protection Act 1990;
e
a remediation notice served under section 78E of the Environmental Protection Act 1990 ,
f
an enforcement notice served under section 90B of the Water Resources Act 1991; or
g
a works notice served under section 161A of the Water Resources Act 1991.
5
A disposal shall not be regarded as falling within subsection (4) above where the removal of the material has been carried out by or on behalf of any of the following bodies:
a
a local authority;
b
a development corporation;
c
the Environment Agency;
d
the Scottish Environment Protection Agency;
e
English Partnerships;
f
Scottish Enterprise;
g
Highlands and Islands Enterprise;
h
the Welsh Development Agency.
6
In this section —
“development corporation” means —
in England and Wales, a corporation established under section 135 of the Local Government, Planning and Land Act 1980;
in Scotland, a corporation established under section 2 of the New Towns (Scotland) Act 1968;
“English Partnerships” means the Urban Regeneration Agency established by section 158 of the Leasehold Reform, Housing and Urban Development Act 1993;
“Highlands and Islands Enterprise” means the body established by section 1(b) of the Enterprise and New Towns (Scotland) Act 1990;
“land” includes land covered by water;
“Scottish Enterprise” means the corporation established by section 1(a) of the Enterprise and New Towns (Scotland) Act 1990;
“the Welsh Development Agency” means the body established by section 1 of the Welsh Development Agency Act 1975.
7
For the purposes of this section —
a
the removal of material includes its removal from one part of the land for disposal on another part of the same land;
b
the clearing of pollutants includes their being cleared from one part of the land for disposal on another part of the same land.
Contaminated land: certificates.
43B
1
Subject to subsection (2) below, the Commissioners shall issue a certificate in relation to any land where —
a
an application in writing is made by a person carrying out, or intending to carry out, a reclamation of that land (the applicant);
b
the applicant provides to them such information as they may direct, whether generally or as regards that particular case;
c
the application is made not less than 30 days before the date from which the certificate is to take effect; and
d
the reclamation qualifies under subsection (7) below.
2
The Commissioners shall not refuse an application for a certificate in a case where the conditions specified in subsection (1)(a) to (d) above are satisfied unless it appears to them —
a
necessary to do so for the protection of the revenue; or
b
except where the applicant is one of the bodies mentioned in subsection (5) of section 43A above, that all or part of the reclamation of land to which the application relates is required in order to comply with a notice or order mentioned in subsection (4) of that section.
3
The Commissioners may make a certificate subject to such conditions set out in the certificate as they think fit, including (but not restricted to) conditions —
a
that the certificate is to be in force only in relation to a particular quantity of material;
b
that the certificate is to be in force only in relation to disposals made at a particular landfill site or sites;
c
that the certificate is to be in force in relation to part only of the land to which the application relates.
4
A certificate issued under this section —
a
shall have effect from the date it is issued to the applicant or such later date as the Commissioners may specify in the certificate; and
b
shall cease to have effect on such date as the Commissioners may set out in the certificate, but in any event no later than the day on which the person to whom the certificate was issued ceases to have the intention to carry out any activity involving reclamation of the land in relation to which the certificate was issued.
5
Where a certificate has been issued to a person, the Commissioners —
a
may vary it by issuing a further certificate to that person; or
b
may withdraw it by giving notice in writing to that person; but this is subject to subsection (6) below.
6
The Commissioners shall not withdraw a certificate unless it appears to them —
a
necessary to do so for the protection of the revenue;
b
that the reclamation did not in fact qualify under subsection (7) below or no longer so qualifies;
c
that there will not be any or any more disposals within section 43A(2) above of material from the land to which the certificate relates; or
d
except where the person to whom the certificate was issued is one of the bodies mentioned in subsection (5) of section 43A above, that the removal of material from the land to which the certificate relates is required in order to comply with a notice or order mentioned in subsection (4) of that section.
7
A reclamation qualifies under this subsection if —
a
it is, or is to be, carried out with the object of facilitating development, conservation, the provision of a public park or other amenity, or the use of the land for agriculture or forestry; or
b
in a case other than one within paragraph (a) above, it is, or is to be, carried out with the object of reducing or removing the potential of pollutants to cause harm,
and, in either case, the conditions specified in subsection (8) below are satisfied.
8
The conditions mentioned in subsection (7) above are —
a
that the reclamation constitutes or includes clearing the land of pollutants which are causing harm or have the potential for causing harm;
b
that, in a case within subsection (7)(a) above, those pollutants would (unless cleared) prevent the object concerned being fulfilled; and
c
that all relevant activities have ceased or have ceased to give rise to any pollutants in relation to that land.
9
For the purposes of subsection (8) above the clearing of pollutants —
a
need not be such that all pollutants are removed;
b
need not be such that pollutants are removed from every part of the land in which they are present;
c
may involve their being cleared from one part of the land and disposed of on another part of the same land.
10
For the purposes of subsection (8)(c) above an activity is relevant if —
a
it has at any time resulted in the presence of pollutants in, on or under the land in question otherwise than —
i
without the consent of the person who was the occupier of the land at the time, or
ii
by allowing pollutants to be carried onto the land by air or water, and
b
at that time it was carried out —
i
by the applicant or a person connected with him, or
ii
by any person on the land in question.
11
For the purposes of subsection (10) above —
a
any question whether a person is connected with another shall be determined in accordance with section 839 of the Taxes Act 1988;
b
the occupier of land that is not in fact occupied is the person entitled to occupy it.
12
In this section “land” has the meaning given by section 43A(6) above.
.
4
Section 54 shall be amended by inserting after paragraph (b) of subsection (1) the following —
ba
a decision to refuse an application for a certificate under section 43B above, or to withdraw such a certificate;
bb
a decision to make a certificate issued under section 43B above subject to a condition that it is to be in force in relation to part only of the land to which the application for the certificate related;
.
5
Section 70(1) shall be amended as follows —
a
after the definition of “conduct” there shall be inserted —
“the Environment Agency” means the body established by section 1 of the Environment Act 1995;
;
b
after the definition of “registrable person” there shall be inserted —
“the Scottish Environment Protection Agency” means the body established by section 20 of the Environment Act l995;
.
6
After subsection (2) of section 70 there shall be inserted the following —
2A
A local authority is —
a
the council of a county, county borough, district, London borough, parish or group of parishes (or, in Wales, community or group of communities);
b
the Common Council of the City of London;
c
as respects the Temples, the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple respectively;
d
the council of the Isles of Scilly;
e
any joint committee or joint board established by two or more of the foregoing;
f
in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 , any two or more such councils and any joint committee or joint board within the meaning of section 235(1) of the Local Government (Scotland) Act 1973.
.
Derek Conway
Simon Burns
Two of the Lords Commissioners of Her Majesty’s Treasury
12th June 1996


text:
PART I
PRELIMINARY
Citation and commencement
1
1
This Order may be cited as the Peterhead Harbours Revision Order 1996 and shall come into force on 15th November 1996.
2
The Peterhead Harbours Orders 1985 to 1992 and this Order may be cited together as the Peterhead Harbours Orders 1985 to 1996.
Interpretation
2
1
In this Order–
“ area of works ” means the area within the limits of deviation or any part of that area;
“ deposited plans and sections ” means the plans and sections prepared in duplicate and signed on behalf of the Secretary of State and marked “Plans and sections referred to in Article 2 of the Peterhead Harbours Revision Order 1996” of which one is deposited at the offices of the Secretary of State for Scotland and the other at the harbour office of the trustees ;
“ harbours ” means the harbours of Peterhead as defined in section 32 of the Order of 1992 ;
“ harbour undertaking ” means the undertaking of the trustees in connection with the harbours;
“ level of high water ” means the level of mean high-water springs;
“ level of low water ” means the level of mean low-water springs;
“limits of deviation” means the limits of deviation shown on the deposited plans and sections;
“Order of 1992” means the Order confirmed by the Peterhead Harbours Order Confirmation Act 1992 ;
“ tidal work ” means so much of any work authorised by this Order as is on, under or over tidal waters or tidal lands below the level of high water;
“trustees” means the body corporate known as the trustees of the harbours of Peterhead;
“ works ” means the works authorised by article 3 (Power to carry out works) of this Order or, as the case may require, any part thereof.
2
All areas, directions, distances, lengths and widths as stated in any description of works, powers or lands other than article 4 (Power to deviate) of this Order shall be construed as if the words “or thereabouts” were inserted after each such area, direction, distance, length and width and any reference in a description of works to a point shall be a reference to that point on the deposited plans.
PART II
WORKS
Power to carry out works
3
1
Subject to the provisions of this Order, the trustees may, in the situations and lines and within the limits of deviation and according to the levels shown on the deposited plans and sections, construct and maintain the following works in the Parish of Peterhead, Aberdeenshire together with all necessary and proper works and conveniences connected therewith or incidental thereto:–
Work No.1 A reclamation in North Harbour, consisting of a pier and a dry dock, constructed of reinforced concrete commencing at Point A 26 metres south-south west of the north-east corner of Scott’s Pier, thence extending to Points B, C, D, E and F and terminating at Point G 21 metres south-east of the south-east corner of Scott’s Pier.
Work No.2 Dredging in North Harbour to a depth of 5.4 metres below the level of low water within the area commencing at Point A and terminating at Point J 27 metres south-east of the north-east corner of Scott’s Pier.
2
The trustees may, within the limits of deviation, maintain, renew and alter temporarily or permanently the works.
Power to deviate
4
Subject to the provisions of this Order, in carrying out the works the trustees may deviate laterally from the lines or situations thereof as shown on the deposited plans to any extent not exceeding the limits of deviation shown on the said plans and may deviate vertically from the levels of the works as shown on the deposited sections to any extent not exceeding 1 metre upwards and to such extent downwards as may be found necessary.
Subsidiary works
5
Subject to the provisions of this Order, the trustees may within the limits of deviation from time to time erect, construct, maintain and operate, whether temporarily or permanently, all such subsidiary or incidental works and conveniences as may be necessary or expedient for the purposes of, or in connection with, the construction, maintenance and use of the works.
Obstructing works
6
Any person who intentionally obstructs any person acting under the authority of the trustees in setting out the lines of the authorised works, or who moves or removes any pole, stake, station point or bench mark established for the purpose of such setting out shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Works to be deemed part of harbour undertaking
7
The works shall be deemed for all purposes to be part of the harbour undertaking and all byelaws, rules and regulations of the trustees for the time being in force relating to the harbour undertaking shall apply to the works and may be enforced by the trustees accordingly.
Tidal works not to be executed without approval of Secretary of State
8
1
A tidal work shall not be demolished, constructed, renewed or altered except in accordance with plans and sections approved by the Secretary of State and subject to any conditions and restrictions imposed by the Secretary of State before the work is begun or while work is still in progress.
2
If a tidal work is demolished, constructed, renewed or altered in contravention of this article or of any condition or restriction imposed under this article–
a
the Secretary of State may by notice in writing require the trustees to remove the tidal work or any part thereof and restore the site thereof to its former condition; and if on the expiration of 30 days from the date when the notice is served upon the trustees they have failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice; or
b
if it appears to the Secretary of State urgently necessary to do so, he may himself remove the tidal work or part of it and restore the site to its former condition;
and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the trustees.
Provision against danger to navigation
9
1
In case of injury to or destruction or decay of a tidal work or any part thereof, the trustees shall forthwith notify the Commissioners of Northern Lighthouses and shall lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as the Commissioners of Northern Lighthouses shall from time to time direct.
2
If the trustees fail to comply in any respect with the provisions of this article, they shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Abatement of works abandoned or decayed
10
1
Where a tidal work is abandoned, or suffered to fall into decay, the Secretary of State may by notice in writing require the trustees either to repair and restore the work or any part thereof, or to remove the work and restore the site thereof to its former condition, to such an extent and within such limits as the Secretary of State thinks proper.
2
Where a work authorised by this Order and consisting partly of a tidal work and partly of works on or over land above the level of high water is abandoned or suffered to fall into decay and that part of the work on or over land above the level of high water is in such condition as to interfere or to cause reasonable apprehension that it may interfere with the right of navigation or other public rights over the foreshore, the Secretary of State may include that part of the work or any portion thereof, in any notice under this article.
3
If, on the expiration of 30 days from the date when a notice under this article is served upon the trustees, they have failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice and any expenditure incurred by him in so doing shall be recoverable from the trustees.
Lights on works during construction
11
1
During or after the completion of a tidal work the trustees shall at the outer extremity thereof exhibit, every night from sunset to sunrise, such lights, if any, and take such other steps for the prevention of danger to navigation as the Commissioners of Northern Lighthouses shall from time to time direct.
2
If the trustees fail to comply in any respect with a direction given under this article they shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Permanent lights on works
12
1
After the completion of a tidal work the trustees shall at the outer extremity thereof every night from sunset to sunrise exhibit such lights, if any, and take such other steps for the prevention of danger to navigation as the Commissioners of Northern Lighthouses shall from time to time direct.
2
If the trustees fail to comply in any respect with a direction given under this article they shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
PART III
MISCELLANEOUS
Crown rights
13
1
Nothing in this Order shall affect prejudicially any estate, right, power, privilege, authority or exemption of the Crown, and in particular without prejudice to the generality of the foregoing nothing herein contained shall authorise the trustees or any licensee of the trustees to take, use, enter upon or in any manner interfere with any land or interest in land or any rights of whatsoever description (including any portion of the shore or bed of the sea or of any river, channel, creek, bay or estuary)–
a
belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners without the consent in writing of those Commissioners; or
b
belonging to a government department or held in trust for Her Majesty for the purposes of a government department without the consent in writing of that government department.
2
A consent under paragraph (1) above may be given unconditionally or subject to terms and conditions.
Raymond S Robertson
Parliamentary Under Secretary of State,
Scottish Office
18th October 1996


text:
Citation and commencement
1
These Regulations may be cited as the Rent Assessment Committee (England and Wales) (Leasehold Valuation Tribunal) (Amendment) Regulations 1996 and shall come into force on 1st October 1996.
Amendment of the Rent Assessment Committee (England and Wales) (Leasehold Valuation Tribunal) Regulations 1993
2
The Rent Assessment Committee (England and Wales) (Leasehold Valuation Tribunal) Regulations 1993 are amended —
a
in regulation 2 (interpretation), in the definition of “application”, by the substitution, for the words “section 13 (determination by leasehold valuation tribunals of questions relating to purchase notices)”, of the words “section 13 (determination of questions by leasehold valuation tribunal)”; and
b
in Schedule 1 (particulars to be included in applications), by the insertion after item 15 of the following —
15A
If the application is made under subsection (4) of section 8C (election in case of disposal for non-monetary consideration) of the Landlord and Tenant Act 1987, particulars of the non-monetary consideration.
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,
Department of the Environment
4th September 1996
William Hague
Secretary of State for Wales
6th September 1996


text:
Commencement and citation
1
This Order may be cited as The A406 Trunk Road (Newham and Barking and Dagenham) Red Route Traffic Order 1996, and shall come into force on 31st July 1996.
Interpretation
2
In this Order —
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities’ Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route” means the lengths of road specified in column 2 of the table in schedule 1;
f
“vehicle” includes part of a vehicle; and
g
an entry in column (3), (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule.
General prohibition of stopping
3
1
Subject to the provisions of paragraphs (2) and (3) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop in the trunk road red route during the restricted hours.
2
Subject to the provisions of paragraph (3) of this article, and of articles 5(1), 8 and 9, no person shall cause any vehicle to stop at any time in any lengths of the trunk road red route specified in schedule 4.
3
The controls specified in paragraphs (1) and (2) of this article do not apply in respect of any area of the trunk road red route specified in schedule 2A.
4
In this article “the restricted hours” means, in relation to a length of the trunk road red route specified in an item in column (2) of the table in schedule 1, the hours specified in that item in column (3) of that table.
Exemptions for parking
4
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
Miscellaneous exemptions for parking
5
1
Licensed taxi cabs: The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to be parked at the edge of the carriageway on a length of road specified in schedule 2D.
2
Coaches: The controls specified in article 3(1) do not apply in respect of a person causing a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver) or a local bus (as defined in article 8(4)) not so constructed or adapted, to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2E during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
3
Doctors’ vehicles: The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2F during the hours specified in column (3) in that item, provided that —
a
there is displayed in the windscreen of the vehicle a badge issued by, or with the authority of, the Traffic Director for London to a medical practitioner, and which specifies —
i
the name of the person to whom it was issued, and
ii
the premises in relation to which it applies; and
b
the vehicle was parked by, or with the permission of, the person whose name is specified on the badge and for so long only as the person who parked the vehicle is engaged in work at the premises specified on the badge.
4
Solo motor bicycles: The controls specified in article 3(1) do not apply in respect of a person causing a motor bicycle without a side-car to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2G during the hours specified in column (3) in that item.
Exemptions for loading and unloading
6
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which is being loaded or unloaded to stop at the edge of the carriageway on a length of road specified in an item in column (2) of the tables in schedules 3A and 3B during the hours specified in column (3) in that item for as long as is needed to load or unload the vehicle or 20 minutes, whichever is the less, provided that not less than 20 minutes has elapsed since the vehicle was last parked on any part of the same length of road.
Exemptions for disabled persons
7
1
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item.
2
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2C during the hours specified in column (3) in that item.
3
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which displays a disabled person’s badge in the relevant position, and a parking disc on which is shown the time at which the period of parking began, to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item, for a period of up to 3 hours not being a period separated by an interval of less than 1 hour from a previous period when that vehicle was parked in that length of road.
Exemptions at bus stops and stands
8
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to which this article applies to stop at a bus stop (being an area of road bounded by a traffic sign which includes the words “bus stop”) for so long only as may be required to enable passengers to get on or off the vehicle or, in the case of a vehicle being used to provide a local service, for so long only as may be required for a change of crew.
2
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used to provide a local service to stop at a bus stand (being an area of road bounded by a traffic sign which includes the words “bus stand”) for so long only as may be required for timetabling reasons.
3
This article applies —
a
before 1 January 1997 to
i
a public service vehicle used for the provision of a local service or a scheduled express service,
ii
a school bus, and
iii
a works bus; and
b
after 31 December 1996 to
i
a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver), and
ii
a local bus not so constructed or adapted.
4
In this article “local bus”, “local service”, “scheduled express service”, “school bus” and “works bus” have the meanings given to those expressions in regulation 4 of the Traffic Signs Regulations and General Directions 1994 .
Other exemptions
9
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to stop if that person is —
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) and (2) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) and (2) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Revocation or variation of existing Orders
10
1
The A406 Trunk Road (Newham and Barking and Dagenham) Red Route Experimental Traffic Order 1995 and The A406 Trunk Road (South Woodford to Barking Relief Road, Redbridge, Newham, Barking and Dagenham) (Waiting and Loading) Order 1989 are hereby revoked, in so far as their provisions relate to any part of the trunk road red route.
TRO 182
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
16 July 1996


text:
1
This Order may be cited as the Humberside (Coroners) (Amendment) Order 1996 and shall come into force on 1st April 1996.
2
In articles 3(2) and 4(b) of the Humberside (Coroners) Order 1996 , for the words “North Lincolnshire” there shall be substituted the words “North East Lincolnshire”.
Tom Sackville
Parliamentary Under Secretary of State
Home Office
14th March 1996


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Surface Waters (Abstraction for Drinking Water) (Classification) Regulations 1996 and shall come into force on 6th January 1997.
2
Expressions used in these Regulations which are also used in Directive 75/440/ EEC (quality required of surface waters used for abstraction of drinking water) or Directive 79/869/EEC (methods of measurement and frequency of sampling and analysis of such waters) shall have the same meaning as in those Directives.
3
Any reference in these Regulations to the supply of water as drinking water shall be taken to be a reference to the supply of that water as drinking water after it has undergone purification treatment.
Classification of waters
2
The classifications DW1, DW2 and DW3 and the criteria for those classifications set out in Schedule 1 shall apply for classifying inland freshwaters by reference to their suitability for abstraction for supply as drinking water.
Compliance with relevant limits
3
1
Subject to paragraphs (2) and (3) below, any waters classified under these Regulations shall be treated in any year as complying with the limit specified in Schedule 1 for the relevant class of waters in relation to a parameter if in that year —
a
95 per cent of the samples taken in relation to those waters in accordance with regulation 5 comply with the limit;
b
none of the samples exceeds the limit by more than 50 per cent;
c
there is no associated danger to public health where any of the samples exceeds the limit; and
d
there have been no occasions on which consecutive samples so taken at statistically suitable intervals exceed the limit.
2
Non-compliant samples shall be ignored for the purposes of paragraph (1) above if they are the result of a flood, natural disaster or abnormal weather conditions.
3
Paragraph (1)(b) above shall not apply in the case of the limits specified in Schedule 1 in relation to temperature.
Waivers
4
1
Subject to the following provisions of this regulation, the Environment Agency may waive any requirement to comply with the relevant limit value for any parameter in relation to waters classified under these Regulations if the Agency considers it appropriate to do so —
a
as a result of any flood or other natural disaster;
b
in the case of a limit value marked (O) in Schedule 1, as a result of exception meteorological or geographical conditions;
c
where the waters undergo natural enrichment in certain substances as a result of which the waters would exceed the relevant limit value for that parameter; or
d
in the case of a shallow lake or virtually stagnant surface water, for parameters marked with an asterisk in Schedule 1.
2
The Environment Agency shall not waive any such requirement if that would result in a danger to public health.
3
Paragraph (1)(d) above shall only apply in the case of a shallow lake where —
a
the depth of the lake does not exceed 20 metres;
b
the exchange of water is slower than a year; and
c
waste water is not discharged into the lake.
4
Where the Environment Agency exercises its power under paragraph (1) above, it shall immediately notify the Secretary of State in writing giving details thereof, stating its reasons and specifying the period of the waiver.
5
In this regulation “natural enrichment” means a process whereby, without human intervention, a given body of water receives from the soil certain substances contained therein.
Sampling and analysis
5
1
Subject to regulation 6, the Environment Agency shall ensure that waters classified under these Regulations are samples, and samples are analysed, in accordance with paragraphs (2) to (5) below.
2
Samples shall always be taken at the same sampling point at times when water is being abstracted for supply as drinking water, and the sampling point chosen by the Environment Agency must be —
a
at the place where water is abstracted before being sent for purification treatment; and
b
so situated that samples taken at that point are representative of the quality of the water at that place.
3
Samples shall be analysed for compliance with the parameters listed in Schedule 1 for the relevant class of waters using methods of measurement which are at least as reliable as those specified in Part I of Schedule 2 and respect the values shown in that Part for limits of detection, precision and accuracy.
4
Sampling and analysis shall be carried out for each parameter listed in Schedule 1 for the relevant class of waters at the frequency fixed by the Environment Agency in relation to the sampling point and, in fixing the frequency, the Environment Agency shall ensure that —
a
sampling is carried out at regular intervals;
b
the annual frequency of sampling and analysis for each parameter is not less than that specified in Part Ii of Schedule 2 for the relevant class of waters; and
c
sampling is as far as possible spread over the year so as to give a representative picture of the quality of the water.
5
The containers used for samples, the agents or methods used to preserve part of the sample for the analysis of one or more parameters, the conveyance and storage of samples and the preparation of samples for analysis must not be such as to bring about any significant change in the results of the analysis.
Reduction of frequency of sampling etc.
6
1
Where a survey by the Environment Agency of any waters classified under these Regulations shows that the values obtained for any parameter are considerably superior to the quality required by Schedule 1, the Agency may reduce the frequency of sampling of the waters in relation to that parameter.
2
The Environment Agency may decide that regular sampling and analysis of any waters classified under these Regulations is not needed in relation to any parameter if —
a
the requirements of paragraph (1) above are satisfied in relation to the waters;
b
there is no pollution of the waters;
c
there is no risk of the quality of the waters deteriorating; and
d
the quality of the waters is superior in relation to that parameter to the minimum required for waters classified as DW1.
Modification of the Water Resources Act 1991
7
1
Section 83 of the Water Resources Act 1991 (water quality objectives) shall have effect —
a
as if it imposed a duty on the Secretary of State to exercise the powers conferred on him by that section to classify appropriately under these Regulations such waters as are necessary to give effect to Directive 75/440/EEC in England and Wales; and
b
in relation to the performance of that duty, as if subsections (4) and (5) of that section were omitted.
2
Section 104(1)(c) of the Water Resources Act 1991 (meaning of “controlled waters”) shall have effect as if “inland freshwaters” included all waters which need to be classified under these Regulations to give effect to Directive 75/440/EEC in England and Wales.
3
Section 202(2) of the Water Resources Act 1991 (information in connection with the control of pollution) shall have effect as if it conferred power on the Environment Agency to require the furnishing of information reasonably required by the Agency for the purposes of giving effect to Directives 75/440/EEC and 79/869/EEC .
Consequential amendments and revocations
8
1
Regulation 23 of the Water Supply (Water Quality) Regulations 1989 shall be amended as follows —
a
in paragraph (2) for the words from “in accordance with” to the end of that paragraph there shall be substituted the words “in accordance with section 83(1) of the Water Resources Act 1991 is, as appropriate, DW1 or DW2 or DW3, as set out in the Surface Waters (Abstraction for Drinking Water) (Classification) Regulations 1996”; and
b
paragraph (3) shall be omitted.
2
The Surface Waters (Classification) Regulations 1989 are hereby revoked.
John Gummer
Secretary of State for the Environment
Department of the Environment
26th November 1996
William Hague
Secretary of State for Wales
28th November 1996


text:
1
This Order may be cited as the Value Added Tax (Payments on Account) (Amendment) Order 1996 and shall come into force on 1st June 1996.
2
The Value Added Tax (Payments on Account) Order 1993 shall be amended as follows.
3
In article 2:
a
in the definition of “the Act”, for “1983” there shall be substituted “1994”;
b
the definition of “credit transfer” shall be omitted.
4
In article 8, for “Subject to articles 9 and 10 below,” there shall be substituted “Subject to article 9 below,”.
5
In article 9 the words “Subject to article 10 below,” shall be omitted.
6
Article 10 shall be omitted.
7
In article 11, after the words “Subject to paragraph (2) below and articles” there shall be inserted “12A”, and for “one twelfth” there shall be substituted “one twenty-fourth”.
8
In article 12, after the words “Subject to articles” there shall be inserted “12A”, and for “one twelfth” there shall be substituted “one twenty-fourth”.
9
In articles 13, 14 and 15, for “one twelfth” there shall be substituted “one twenty-fourth”.
10
After article 12, there shall be inserted the following:
12A
1
Subject to paragraph (5) below a taxable person who is under a duty to make payments on account may instead of paying the amount calculated in accordance with paragraphs 11 or 12 above elect to pay an amount equal to his liability to VAT (excluding the tax on goods imported from countries other than member States) for the preceding month.
2
A person making an election under paragraph (1) above shall notify the Commissioners in writing of —
a
the election, and
b
the date (being a date not less than 30 days after the date of the notification) on which it is to take effect.
3
Subject to paragraph (4) below, an election under paragraph (1) above shall continue to have effect until a date notified by the taxable person in writing to the Commissioners, which date shall not be earlier than the first anniversary of the date on which the election took effect.
4
Where the Commissioners are satisfied that an amount paid by a person who has elected in accordance with paragraph (1) above is less than the amount required to be paid by virtue of that paragraph the Commissioners may notify the taxable person in writing that his election shall cease to have effect from a date specified in the notification.
5
A person may not make an election under paragraph (1) above within 12 months of the date on which any previous election made by him ceased to have effect by virtue of paragraph (4) above.
11
In article 17, for “section 29” there shall be substituted “section 43”.
Michael Bates
Simon Burns
Two of the Lords Commissioners of Her Majesty’s Treasury
30th April 1996


text:
Citation and commencement
1
These Regulations may be cited as the Local Government Act 1988 (Competition) (Housing Management) (Rossendale) Regulations 1996 and shall come into force on 28th February 1996.
Postponement of date
2
In its application to the Rossendale Borough Council regulation 3 of the Local Government Act 1988 (Competition) (Housing Management) (England) Regulations 1994 shall have effect as if for the reference to 1st April 1996 there were substituted a reference to 1st December 1996.
Signed by authority of the Secretary of State
Paul Beresford
Parliamentary Under Secretary of State
Department of the Environment
29th January 1996


text:
Commencement and citation
1
These Regulations may be cited as the Local Authorities (Capital Finance) (Amendment No. 3) Regulations 1996 and shall come into force on 31st October 1996.
Amendment of Regulations
2
The Local Authorities (Capital Finance) Regulations l990 shall be amended in accordance with the provisions of these Regulations.
Initial and subsequent cost of credit arrangements
3
1
In regulation 7 —
a
in paragraph (1), after “any such credit arrangement,” insert “unless it is a specified lease”, and omit the words “or regulation 7A below”;
b
in paragraph (6)(a), after “(5K) above” insert “and is not a specified lease”, and in paragraph (6)(c), after “were granted by” insert “a specified lease or”;
c
in paragraph (7), for the words “not falling” substitute “which is not a specified lease and does not fall”, and omit the words “or regulation 7A below”;
d
in paragraph (10A), for the word “falling” substitute “which is not a specified lease and which falls”, and omit the words “or regulation 7A below”; and
e
in paragraph (11), after “In this regulation — ” insert the following —
“specified lease” means a lease which is a relevant transaction or is one of two or more credit arrangements which, taken together, constitute a relevant transaction within the meaning of regulation 7C, 7D or 7E;.
2
Omit regulation 7A.
Initial and subsequent cost of other credit arrangements
4
1
In regulation 7B(5), in the definition of “i”, for “Central Statistical Office” substitute “Office for National Statistics”, and for “factor cost” substitute “market prices”.
2
After regulation 7B insert the following regulations —
7C
1
In this regulation, in relation to a transaction to which paragraph (4) below applies (a “relevant transaction”) —
“the authority” means the local authority who enter into the transaction;
“the initial cost” means the initial cost of the credit arrangement which constitutes the transaction, or the aggregate of the initial costs of the credit arrangements which, taken together, constitute the transaction;
“relevant financial year” means the financial year in which the credit arrangement which constitutes the transaction, or the later or latest of the credit arrangements which, taken together, constitute the transaction, is entered into, and any subsequent financial year in which fees fall to be paid under the transaction; and
“relevant land” means land, other than land, houses or other property which, if acquired by a local authority, would be land to which section 74(1) would apply.
2
A credit arrangement shall be excluded from section 49(2), and the initial cost and the cost at any time of the arrangement shall be nil, if —
a
the arrangement is a relevant transaction or is one of two or more credit arrangements which, taken together, constitute a relevant transaction; and
b
the authority determine, immediately before the date on which they enter into the transaction, that their estimate of amount B does not exceed 80 per cent. of their estimate of amount A.
3
For the purposes of paragraph (2) above, in relation to a relevant transaction —
“amount A” means the amount which, apart from this regulation, would be the initial cost of the transaction; and
“amount B” is the amount which would be amount A if for each relevant financial year the authority assumed —
a
that the amount of fees falling to be paid under the transaction would be the minimum which could become payable in that year (without there being a breach of any term of the transaction); and
b
that the minimum extent, rate or intensity of use of the asset for the relevant purpose would be 80 per cent. of the extent, rate or intensity of use estimated by them for that year for the purpose of estimating amount A.
4
This paragraph applies to a transaction where —
a
the consideration received by the authority under the transaction includes the provision of —
i
relevant land or any other asset which is not land (“the asset”) for use for, or in connection with, the exercise of a function of the authority (“the relevant purpose”); and
ii
services which consist of, or include, maintaining and repairing the asset and doing everything necessary to ensure that the asset can be used for the relevant purpose in safety and comfort and in accordance with any requirements specified by the authority;
b
the authority do not give to any person any undertaking or guarantee in respect of any obligations or liabilities of the person with whom they enter into the transaction (whether incurred under the transaction or otherwise);
c
the consideration given by the authority under the transaction includes the payment of fees by instalments at annual or more frequent intervals;
d
the fees are determined in accordance with provisions relating to —
i
standards attained in the performance of the services; or
ii
the extent, rate or intensity of use of the asset for the relevant purpose;
e
the first instalment of fees falls to be paid after the authority have begun to use the asset for the relevant purpose; and
f
the terms agreed for the transaction do not provide for any variation in the amount of fees payable, other than variation under —
i
the provisions mentioned in sub-paragraph (d) above; and
ii
any provision agreed for increasing the fees by reference to the figure in Table 2.1 of Economic Trends published by the Office for National Statistics as the most recent percentage change, quarter on corresponding quarter of previous year, of the implied gross domestic product deflator at market prices.
7D
1
In this regulation, in relation to a transaction to which paragraph (3) below applies (a “relevant transaction”) —
“the authority” means the local authority who enter into the transaction;
“corresponding purpose”, in relation to any qualifying purpose, means the same qualifying purpose, or a different purpose within the same category as that which includes the same qualifying purpose;
“the initial cost” means the initial cost of the credit arrangement which constitutes the transaction, or the aggregate of the initial costs of the credit arrangements which, taken together, constitute the transaction;
“old building” means the relevant building in respect of which the authority make a decision such as is mentioned in paragraph (3)(a) below; and “new building” means the building which, in consequence of such a decision, the authority use for a corresponding purpose;
“qualifying purpose”, in relation to the use of land, means a purpose specified in any of the categories 1 to 6 and 8 and 9 of Schedule 2 to these Regulations, and “category” means one of those categories;
“relevant building” means a building —
which is situated on relevant land;
which is in use by the authority for a qualifying purpose; and
in which the authority have a freehold interest or a leasehold interest for a period of not less than 99 years; and
“relevant land” means land, other than land, houses or other property which, if acquired by a local authority, would be land to which section 74(1) would apply.
2
A credit arrangement which is a relevant transaction or is one of two or more credit arrangements which, taken together, constitute a relevant transaction shall be excluded from section 49(2), and the initial cost and the cost at any time of the transaction shall be calculated in accordance with paragraphs (4) to (7) below.
3
This paragraph applies to a transaction, other than a relevant transaction within the meaning of regulation 7C, where —
a
at any time during the period of five years ending on the date on which they enter into the transaction, the authority made a single decision either —
i
to cease to use a relevant building and to use a different building for a corresponding purpose; or
ii
to carry out works for the enhancement of a relevant building and to continue to use the same building, after the completion of the works, for a corresponding purpose;
b
the consideration received by the authority under the transaction includes the provision of —
i
the new building, or, as the case may be, the works of enhancement of the relevant building; and
ii
services which consist of, or include, maintaining and repairing the system for heating the new building and providing for the supply of the gas, electricity and fuel required for such heating;
c
the authority do not give to any person any undertaking or guarantee in respect of any obligations or liabilities of the person with whom they enter into the transaction (whether incurred under the transaction or otherwise);
d
the consideration given by the authority under the transaction includes the payment of fees by instalments at annual or more frequent intervals;
e
the fees are determined in accordance with provisions relating to —
i
standards attained in the performance of the services; or
ii
the extent, rate or intensity of use of the new building for the corresponding purpose;
f
the first instalment of fees falls to be paid after the authority have begun to use the new building for the corresponding purpose; and
g
the terms agreed for the transaction do not provide for any variation in the amount of fees payable, other than variation under —
i
the provisions mentioned in sub-paragraph (e) above; and
ii
any provision agreed for increasing the fees by reference to the figure in Table 2.1 of Economic Trends published by the Office for National Statistics as the most recent percentage change, quarter on corresponding quarter of previous year of the implied gross domestic product deflator at market prices.
4
Subject to paragraph (7) below, the initial cost of a relevant transaction shall be the lesser of —
a
70 per cent. of the amount which, apart from this regulation, would be the initial cost of the transaction; and
b
the amount which, apart from this regulation, would be the initial cost of the transaction minus the relevant deduction.
5
For the purposes of paragraph (4)(b) above the relevant deduction is the amount which would be the initial cost of the transaction assuming that —
a
the transaction consisted of a single credit arrangement in relation to which the initial cost fell to be determined in accordance with section 49(1) and (2);
b
no consideration was required to be given in the financial year in which the transaction was entered into; and
c
for each subsequent financial year of the transaction, for the purposes of the formula in section 49(2), “x” was an amount equal to the product of the formula —
E ( 1 + i 100 ) n
where —
“E” means the average annual expenditure which the authority incurred, during the period of 5 years ending on the date on which they enter into the transaction (or, if earlier, the date on which they cease to use the old building) in providing for the old building the same services as those to be provided under the transaction;
“i” means the figure in Table 2.1 of Economic Trends published by the Office for National Statistics as the most recent percentage change, quarter on corresponding quarter of previous year, of the implied gross domestic product deflator at market prices; and
“n” has the same meaning as in regulation 49(2).
6
Subject to paragraph (7) below, the cost at any time of a relevant transaction shall be the lesser of —
a
70 per cent. of the amount which, apart from this regulation, would be the cost of the transaction at that time; and
b
the amount which, apart from this regulation, would be the cost of the transaction at that time minus an amount equal to the product of the formula —
D × Y T
where —
“D” means the relevant deduction determined in relation to the transaction in accordance with paragraph (5) above;
“T” means the number of years comprising the period over which consideration falls to be given by the authority under the transaction; and
“Y” means the number of years which, at the time in question, comprises the unexpired part of that period.
7
For the purpose of calculating the initial cost or cost at any time of a relevant transaction, the authority shall disregard any consideration not in money which has been, or falls to be, given by them in respect of the transaction.
7E
1
In this regulation, in relation to a transaction to which paragraph (3) below applies (a “relevant transaction”) —
“the authority” means the local authority who enter into the transaction;
“the initial cost” means the initial cost of the credit arrangement which constitutes the transaction, or the aggregate of the initial costs of the credit arrangements which, taken together, constitute the transaction;
“qualifying purpose”, in relation to the use of land, means a purpose specified in any of the categories 1 to 6 and 8 and 9 of Schedule 2 to these Regulations, and “category” means one of those categories; and
“relevant land” means land, other than land, houses or other property which, if acquired by a local authority, would be land to which section 74(1) would apply.
2
A credit arrangement which is a relevant transaction or is one of two or more credit arrangements which, taken together, constitute a relevant transaction shall be excluded from section 49(2), and the initial cost and the cost at any time of the transaction shall be calculated in accordance with paragraphs (4) to (6) below.
3
This paragraph applies to a transaction, other than a relevant transaction within the meaning of regulation 7C or 7D, where —
a
the consideration received by the authority under the transaction includes the provision —
i
for use for a qualifying purpose, of a building on relevant land; and
ii
of services which consist of, or include, maintaining and repairing the system for heating the building and providing for the supply of the gas, electricity and fuel required for such heating;
b
the authority do not give to any person any undertaking or guarantee in respect of any obligations or liabilities of the person with whom they enter into the transaction (whether incurred under the transaction or otherwise);
c
the consideration given by the authority under the transaction includes the payment of fees by instalments at annual or more frequent intervals;
d
the fees are determined in accordance with provisions relating to —
i
standards attained in the performance of the services; or
ii
the extent, rate or intensity of use of the building for the qualifying purpose;
e
the first instalment of fees falls to be paid after the authority have begun to use the building for the qualifying purpose; and
f
the terms agreed for the transaction do not provide for any variation in the amount of fees payable, other than variation under —
i
the provisions mentioned in sub-paragraph (d) above; and
ii
any provision agreed for increasing the fees by reference to the figure in Table 2.1 of Economic Trends published by the Office for National Statistics as the most recent percentage change, quarter on corresponding quarter of previous year, of the implied gross domestic product deflator at market prices.
4
Subject to paragraph (6) below, the initial cost of a relevant transaction shall be 70 per cent. of the amount which, apart from this regulation, would be the initial cost of the arrangement.
5
Subject to paragraph (6) below, the cost at any time of a relevant transaction shall be 70 per cent. of the amount which, apart from this regulation, would be the cost of the transaction at that time.
6
For the purpose of calculating the initial cost or cost at any time of a relevant transaction, the authority shall disregard any consideration not in money which has been, or falls to be, given by them in respect of the transaction..
Capital receipts not wholly in money paid to the authority
5
In regulation 20, for paragraph (3B) substitute the following paragraph —
3B
In the case of non-monetary consideration which —
a
is received by a local authority in respect of the disposal of an interest in land under or in connection with a relevant transaction within the meaning of regulation 7C, 7D, or 7E above; and
b
is consideration received by the authority under that transaction,
the reserved part of the notional capital receipt shall be nil.
.
Excluded credit arrangements
6
After regulation 22 insert the following regulation —
22A
1
A credit arrangement to which paragraph (2) below applies shall be excluded for the purposes of paragraph 11(2) of Schedule 3 to the Act.
2
This paragraph applies to a credit arrangement where —
a
paragraph (3) below applies to the local authority who enter into the arrangement;
b
as authority to enter into the arrangement, the authority determine to use a supplementary credit approval which applies only for the purposes of the arrangement; and
c
the initial cost and the cost at any time in relation to the arrangement would be nil by virtue of regulation 7C if that regulation had been amended, before the date on which the authority enter into the arrangement, by the omission of paragraph (2)(b) and paragraph (3).
3
This paragraph applies to a local authority whose credit ceiling, as determined under Part III of Schedule 3 to the Act, is nil or a negative amount at the beginning of the financial year in which the credit arrangement is entered into, and who have no money outstanding by way of borrowing other than —
a
short-term borrowing (within the meaning of section 45(6));
b
borrowing undertaken under section 5 of the City of London (Various Powers) Act 1924; or
c
borrowing undertaken before 24th August 1995, other than borrowing by the issue of stock on or after 15th December 1993, from a person who is not a relevant lender.
4
In paragraph (3) above, “relevant lender” means the Public Works Loan Board, the Bank of England, the European Investment Bank, a body mentioned in any of paragraphs 1 to 17, or in paragraph 28 or 29, of Part II of the Schedule to the Local Authorities (Capital Finance) (Approved Investments) Regulations 1990 , an authorised institution within the meaning of the Banking Act 1987 or a building society within the meaning of the Building Societies Act 1986 .
.
Signed by authority of the Secretary of State for the Environment
Paul Beresford
Parliamentary Under Secretary of State,
Department of the Environment
3rd October 1996
William Hague
Secretary of State for Wales
7th October 1996