text:
PART I
GENERAL
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Local Government Changes for England (Miscellaneous Provision) Regulations 1996.
2
All regulations except regulation 3(2) shall come into force on 11th March 1996 and regulation 3(2) shall come into force on 1st April 1996.
3
In these Regulations —
“the 1994 Regulations ” means the Local Government Changes for England Regulations 1994 ;
“existing”, in relation to an area affected by the order, means that area as it existed on the date the order is made or, where there is more than one order, the date the first of them is made; and
“new”, in relation to an area or authority, means an area or authority established pursuant to the order.
4
In these Regulations, “the Act”, “the 1972 Act”, “the order”, “the reorganisation date”(as substituted by these Regulations) and “abolished authority” have the same meaning as in the 1994 Regulations.
PART II
AMENDMENT OF REGULATIONS
Amendment of the 1994 Regulations
2
The 1994 Regulations shall be amended as follows —
a
in regulation 2 (interpretation), in paragraph (2), for sub-paragraph (d) substitute —
d
“the reorganisation date” means the date (being 1st April in any year) which is specified as such in the order;
;
b
in regulation 7 (matters not affected) delete paragraph (b);
c
in regulation 15 (continuity of plan provisions), after paragraph (2) add —
3
A transferee authority may adopt proposals for the making, alteration or replacement of a development plan which it continues by virtue of regulation 4.
4
Subject to paragraph (3) above, where a transferee authority has a duty by virtue of the 1990 Act to prepare a plan referred to in paragraph (3) above for the whole of its area, it shall ensure that such a plan is prepared as soon as practicable after the reorganisation date.
5
For the purposes of paragraph (3) above, any reference in Part II of the 1990 Act to a development plan being prepared for the area of an authority shall include a reference to a part of that area.
;
d
delete regulations 19 (fire services — disciplinary proceedings) and 20 (police — disci plinary proceedings);
e
in regulation 25 (charter trustees) —
i
in paragraph (1) —
a
after “the 1972 Act” add “or, established by the Charter Trustees Regulations 1996 or any other statutory instrument made under Part II of the Act”;
b
delete sub-paragraph (a);
c
in sub-paragraph (b), for “a parish” substitute “an existing parish”; and
d
in sub-paragraph (c), after “more” insert “existing”; and
ii
in paragraph (2) delete “(a) or”; and
f
after regulation 27 (maps) insert —
Mereing of boundaries
27A
1
The boundaries of any area established by the order shall be mered by Ordnance Survey.
2
Where —
a
a boundary of any area is defined on a map referred to in the order by reference to proposed works; and
b
those works have not been executed at the time the boundary is mered after the coming into operation of the order,
the boundary shall be mered as if it had not been so defined.
.
Amendment of other Regulations
3
1
In the Local Government Changes for England (Direct Labour and Service Organisations) Regulations 1994 , in paragraph (1)(c) of regulation 12 (interpretation etc ), for “the successor authority”, in both places where the expression occurs, substitute “a relevant authority”.
2
In the Local Government Changes for England (Miscellaneous Provision) Regulations 1995 , in regulation 8 (sheriffs), for paragraph (2) substitute —
2
In section 219 of the 1972 Act (sheriffs and under-sheriffs), in subsection (8), after “section” insert “county”, in relation to England, has the same meaning as in the Sheriffs Act 1887 and”.
3
In section 24 of the Representation of the People Act 1983 (returning officers: England and Wales), in subsection (1)(a) after “county”, where it second occurs, insert “as defined by section 38 of the Sheriffs Act 1887”.
3
In the Civil Defence (General Local Authority Functions) Regulations 1993 , in regulation 4 (civil defence functions of county councils), after paragraph (2) insert —
3
Where, after he has had regard to such recommendations as are mentioned in section 18(4) of the Local Government Act 1992 (“the 1992 Act ”), the Secretary of State makes a combination scheme under the Fire Services Act 1947 with respect to a combined area which includes the area of a county council affected by a structural or boundary change (within the meaning of Part II of the 1992 Act), that council —
a
shall, when making or revising plans under paragraph (1)(a) above, consult with the fire authority constituted by that scheme for that combined area; and
b
may enter into an arrangement with that authority for the carrying out of all or any of the functions assigned to that council by paragraphs (1) and (2) above.
4
Where a district council has, by virtue of the making of a structural change, the functions of a county council in relation to its district —
a
the foregoing provisions of this regulation shall apply, in relation to that district, as if any reference to a county council were a reference to the district council; and
b
regulation 5 shall not apply in relation to that district.
.
PART III
STATUS, RIGHTS, PRIVILEGES ETC.
Preservation of rights and privileges of existing areas
4
1
Subject to any provision made by a grant under Her Majesty’s prerogative or any provision of a charter granted by Her Majesty under section 245 of the 1972 Act (status of certain districts etc), any privileges or rights belonging immediately before the reorganisation date to the inhabitants of any area by virtue of —
a
the provisions of subsection (1) of section 246 of the 1972 Act (preservation of powers, privileges and rights of existing cities or boroughs); or
b
any provision made under subsection (2)(b) of that section by a charter granted under section 245 of that Act,
shall, notwithstanding any boundary change effected by the order, belong on and after that date to the inhabitants of that area.
2
Subsection (2) of section 246 of the 1972 Act shall apply in relation to a charter granted by Her Majesty under section 245 of that Act with respect to a new district as if —
a
the reference in paragraph (a) of that subsection to any powers to appoint local officers of dignity exercisable as mentioned in that paragraph were a reference to any powers to appoint local officers of dignity exercisable immediately before the reorganisation date by the council of an existing district the whole or part of which becomes comprised in the area of the new district; and
b
the reference in paragraph (b) of that subsection to any privileges or rights belonging as mentioned in that paragraph were a reference to any privileges or rights belonging immediately before the reorganisation date, by virtue of any such provision as is mentioned in paragraph (1) above, to the inhabitants of any area the whole or part of which becomes comprised in the area of the new district.
Freemen
5
1
Nothing in the order shall affect any person’s status, or the right of any person to be admitted, as a freeman of any place.
2
Section 248 of the 1972 Act (freemen and inhabitants of pre-1974 boroughs) shall have effect in relation to a city or town the whole or part of which is situated in a county in which there area no district councils as if —
a
the references in subsections (2) and (3) to the relevant district council were references to the relevant county council; and
b
the reference in subsection (2) to the council of the district were a reference to the council of the county.
Honorary aldermen and freemen
6
1
Services rendered to the council of a principal area the whole or part of which becomes, by virtue of a boundary change effected by the order, comprised in another principal area may, for the purposes of section 249 of the 1972 Act (honorary aldermen and freemen) , be treated as services rendered to the council of that other principal area.
2
Section 249(1) of the 1972 Act shall have effect, in relation to a principal council which is to be wound up and dissolved by the order, as if the words from “but” to the end of that subsection were omitted.
3
Where, by virtue of a boundary change effected by the order, an existing principal area is abolished on the reorganisation date, any person who, immediately before that date, is an honorary alderman of the council of that area shall, on that date, become an honorary alderman of —
a
the council of the principal area in which the whole of the existing principal area becomes comprised on that date; or
b
where that are becomes comprised partly in each of two or more principal areas on that date, the council of the principal area in which the whole or the greater part of the relevant electoral area becomes comprised;
and, in relation to such a person —
i
“relevant electoral area” means the electoral area of the existing principal area for which that person was last returned as a councillor before the title of honorary alderman was conferred on him; and
ii
references in section 249(2) and (4) of the 1972 Act which, immediately before the reorganisation date, fall to be construed as references to the council of the existing principal area shall, on and after that date, be construed as references to the council of which that person becomes an honorary alderman on that date.
4
Nothing in the order shall affect the status of any person who is immediately before the reorganisation date an honorary freeman of any city, borough or royal borough.
Transfer of armorial bearings from abolished authorities
7
Section 247 of the 1972 Act (transfer of armorial bearings) shall apply in relation to new and abolished authorities as it applies to the new and existing local authorities mentioned in that section but as if the reference to April 1, 1974 were a reference to the reorganisation date.
PART IV
MISCELLANEOUS TRANSITIONAL PROVISIONS
Definitive maps and statements
8
Where, on the reorganisation date, the functions of a surveying authority under Part III of the Wildlife and Countryside Act 1981 (public rights of way) in relation to any area become functions of another local authority —
a
that authority shall be deemed to have prepared that part of any definitive map and statement (within the meaning of that Part) which relates to that area on that date;
b
that part shall be deemed to be the definitive map and statement for that area; and accordingly
c
that authority may resolve that its own name be included in the title of that definitive map and statement, whether or not in substitution for the name of any other authority.
Local authority companies
9
1
Where by virtue of or under any provision made under the Act, on or after the reorganisation date there become vested in a local authority (“transferee authority”) investments, rights and liabilities of another local authority (“the transferor authority”) in relation to a company which immediately before that date is, for the purposes of Part V of the 1989 Act , a company under the control of that authority, section 68 of that Act shall have effect on and after the reorganisation date in relation to that company and that transferee authority with the following modifications —
a
the reference in subsection (5)(a) to the taking of or refraining from action by the authority applies to action by the transferor authority;
b
the reference in subsection (6) to a resolution of the authority is, in relation to the financial year beginning on the reorganisation date, a reference to a resolution of the transferor authority;
c
the reference in subsection (6) to the application of conditions while the company has been under the control of the local authority is a reference to their application while the company has been under the control of either the transferor authority or any transferee authority;
d
the reference in paragraph (c) of subsection (6) to directors of the company having been members or officers of the authority is a reference in relation to any time before the reorganisation date to their having been members or officers of the transferor authority, and in relation to any time on or after that date is a reference to their having been members of the relevant transferee authority;
e
the reference in paragraph (d) of subsection (6) to the company’s occupation of land is, in relation to any time before the reorganisation date, to the occupation of land in which the transferor authority had an interest, and in relation to any time on or after that date is a reference to land in which the relevant transferee authority had an interest;
f
the reference in paragraph (e) of subsection (6) to an agreement is to an agreement entered into with the transferor authority;
g
the references in paragraphs (f) to (h) to the lending of money or the making of any grant are references to lending or, as the case may be, the making of any grant by the transferor authority before the reorganisation date or by a transferee authority on or after that date.
2
Where by virtue of or under any provision made under the Act, on or after the reorganistion date there become vested in a local authority (“transferee authority”) rights and liabilities of another local authority (“the transferor authority”) in relation to a company which immediately before that date is, for the purposes of Part V of the 1989 Act, a company under the influence of that authority, section 69 of that Act shall have effect on and after the reorganisation date in relation to that company and that transferee authority with the following modifications —
a
in paragraph (a) of subsection (3), the reference to payments by the authority is, in relation to any time before the reorganisation date, to payments by the transferor authority, and in relation to any time on or after that date, to payments by a transferee authority;
b
in paragraphs (c) and (d) of subsection (3), references to grants made and loans made or guaranteed include grants made or, as the case may be, loans made or guaranteed by —
i
the transferor authority,
ii
a transferee authority, or
iii
a company under the control of the transferor authority or a transferee authority;
c
in paragraph (e) of subsection (3), the reference to an interest in land obtained from the local authority or a company under the control of the local authority is to an interest in land obtained from either the transferor authority, a transferee authority or, as the case may be, a company under the control of the authority which made the land available;
d
in paragraph (d) of subsection (5) and paragraph (b) of subsection (6), references to a person being associated with the authority are to be construed in relation to any time before the reorganisation date as references to that person being associated with the transferor authority, and in relation to any time on or after that date as references to that person being associated with a transferee authority.
3
In this regulation —
a
“the 1989 Act” means the Local Government and Housing Act 1989 ;
b
references to a company under the control of an authority are to be construed in accordance with Part V of the 1989 Act; and
c
“the relevant transferee authority”, in relation to a company and any time, means the transferee authority in which the investments, rights or liabilities of the transferor authority in relation to that company are or were for the time being vested.
PART V
MISCELLANEOUS EMPLOYMENT MATTERS
Disapplication
10
Regulations 5 to 10 of the Local Government Changes for England (Property Transfer and Transitional Payments) Regulations 1995 (“the 1995 Regulations ”) shall not apply with respect to any rights or liabilities of an abolished authority which are transferred to a successor authority or the designated authority by virtue of this Part.
Interpretation of Part
11
1
In this Part —
“eligible person” means a person to whom one of the following paragraphs is applicable —
a person who immediately before the reorganisation date is employed by an abolished authority under a contract of employment which would continue but for the winding up and dissolution of that authority, and
whose employment is not transferred by an order made under the Act for the transfer of staff or by operation of law upon the winding up and dissolution of that authority;
a person whose employment was terminated by an abolished authority for reasons unconnected with an order made under section 17 of the Act;
a person who immediately before the reorganisation date is employed by an abolished authority and who not later than four weeks after that date commences employment with either —
a successor authority which is not the designated authority in respect of that person, or
any other employer; or
a person who resigns from employment with an abolished authority at any time during the preliminary period as defined by the relevant order made under section 17 of the Act, and who commences employment before the reorganisation date with either —
a successor authority which is not the designated authority in respect of that person or
any other employer.
“successor authority” has the same meaning as in the 1995 Regulations.
2
For the purposes of this Part, the designated authority in respect of an eligible person formerly employed by an abolished authority shall be —
a
in a case where there is only one successor authority in relation to that abolished authority, that successor authority; and
b
in the case of an abolished authority mentioned in column (1) of the following Table, the successor authority mentioned in column (2) —
(1) (2) Abolished authority Designated authority
Avon County Council Bristol City Council Cleveland County Council Middlesbrough Borough Council Humberside County Council East Riding of Yorkshire District Council Boothferry Borough Council East Riding of Yorkshire District Council
Claims etc, in connection with contracts of employment
12
1
Where immediately before the reorganisation date an eligible person has any claim or right of action against an abolished authority arising under, or in connection with, his contract of employment —
a
if he is a person to whom sub-paragraphs 11(c)(i) or (d)(i) above applies, he shall be entitled to bring, or to continue, that claim or any proceedings against the successor authority with whom he is employed; and
b
in all other cases he shall be entitled to bring, or to continue, that claim or any proceedings against the designated authority.
2
Where an eligible person has any claim or wishes to bring any proceedings with respect to the termination of his employment with an abolished authority —
a
if he is a person to whom sub-paragraphs 11(1)(c)(i) or (d)(i) above applies, he shall be entitled to bring that claim or any proceedings against the successor authority with whom he is employed; and
b
in all other cases, he shall be entitled to bring that claim or any proceedings against the designated authority.
3
An eligible person shall be entitled to recover from the designated authority, or from the successor authority if he is a person to whom sub-paragraphs 11(1)(c)(i) and (d)(i) above apply, any sum to which he is entitled —
a
by virtue of regulation 5 (redundancy payments) of the Local Government Changes for England (Staff) Regulations 1995 ; or
b
by way of compensation under Part II or III of the Local Government (Compensation for Redundancy) Regulations 1994 or Part VI of the Employment Protection (Consolidation) Act 1978 (“the 1978 Act ”); or
c
by way of compensation payable under Part V of the 1978 Act (unfair dismissal);
d
by way of compensation under the Teachers (Compensation for Redundancy and Premature Retirement) Regulations 1989 ; or
e
by way of damages for any breach of his contract of employment.
Discretionary increases in compensation
13
1
This regulation applies where, before the reorganisation date —
a
it was the prevailing practice of an abolished authority to exercise any discretionary power in respect of any employee, or description of employee, so as to secure the payment of any increase in remuneration, allowances, or gratuities; and
b
the abolished authority was unable, or failed, to exercise that power before the reorganisation date; and
c
the effect of exercising that power would have been to increase the amount of any compensation payable to an eligible person as a result of the termination of his employment.
2
The designated authority, or the successor authority if sub-paragraphs 11(1)(c)(i) and (d)(i) above apply, may treat an eligible person for the purposes of any claim for compensation he may have as if the designated authority or successor authority had exercised that power in a way which is neither more nor less beneficial than the general character of the prevailing practice mentioned in paragraph (1) above.
Costs of designated authorities
14
Where the designated authority is a successor authority mentioned in column (2) of the Table in regulation 11(2) —
a
any costs incurred by that authority in complying with regulations 12 and 13 shall be borne equally by that authority and each of the other successor authorities in relation to the corresponding abolished authority mentioned in column (1) of that Table; and
b
the designated authority shall be entitled to recover from such other successor authorities any sum which is payable under the previous sub-paragraph.
Signed by authority of the Secretary of State for the Environment
David Curry
Ministry of State,
Department of the Environment
19th February 1996


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Hampshire, City of Winchester) Order 1996 and shall come into force on 20th May 1996.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991;
“the permitted parking area” means the area designated as a permitted parking area by article 3(a) of this Order;
“the special parking area” means the area designated as a special parking area by article 3(b) of this Order.
Designation of permitted parking area and special parking area
3
The City of Winchester, other than so much of the A30, A31, A33, A34, A272 and A303 trunk roads as lie within the City, in the county of Hampshire is hereby designated —
a
as a permitted parking area; and
b
as a special parking area.
Modification and application of Part II of the 1991 Act
4
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act shall apply in relation to the permitted parking area and the special parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of the 1984 Act
5
The 1984 Act shall be modified in relation to the permitted parking area and the special parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
25th April 1996


text:
1
This Order may be cited as the Armed Forces Act 1996 (Commencement No. 1) Order 1996.
2
Subject to article 3 of this Order, the following provisions of the Armed Forces Act 1996 (“ the Act ”) shall come into force on 1st October 1996 —
section 2;
sections 6 and 7;
sections 11 to 14 and Schedule 4;
sections 18 and 19;
sections 30 to 33;
section 35 so far as is necessary to bring into force Schedules 6 and 7 to the extent specified below;
in Schedule 6, paragraphs 1 to 3, 5, 6, and 10 to 13;
Part III of Schedule 7 so far as it relates to the provisions specified in the Schedule to this Order.
3
1
Nothing in article 2 of this Order insofar as it relates to section 6 of the Act affects any service disciplinary proceedings, as defined in that section, which began on or before 30th September 1996.
2
Sections 11 and 12 of the Act shall not have effect in relation to any conviction which took place on or before 30th September 1996.
Nicholas Soames
Minister of State, Ministry of Defence
25th September 1996


text:
Title and commencement
1
This Order may be cited as the Markets, Sales and Lairs (Amendment) Order 1996 and shall come into force on 23rd January 1997.
Amendment to the Markets, Sales and Lairs Order of 1925
2
Paragraphs (1)(b) and (2) of article 2 of the Markets, Sales and Lairs Order of 1925 are hereby revoked.
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
23rd December 1996
Lindsay
Parliamentary Under Secretary of State, Scottish Office
30th December 1996
Signed by authority of the Secretary of State for Wales
Jonathan Evans
Parliamentary Under Secretary of State, Welsh Office
20th December 1996


text:
1
This Order may be cited as the Criminal Justice and Public Order Act 1994 (Commencement No. 10) Order 1966.
2
Section 149 of, and paragraph 70 of Schedule 10 to, the Criminal Justice and Public Order Act 1994 (incorporation of the Parole Board) shall come into force on 1st July 1996.
3
The Criminal Justice and Public Order Act 1994 (Commencement No. 9) Order 1996 , made on 9th June 1996, is hereby revoked.
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Home Office
20th June 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Northumberland Health Authority (Transfers of Trust Property) Order 1996 and shall come into force on 12th December 1996.
2
In this Order —
“the Authority” means Northumberland Health Authority;
“the Schedule” means the Schedule to this Order;
“the trust property” means, in the case of each body specified in column (1) of the Schedule, the items specified in a schedule of trust property prepared, agreed upon and signed on behalf of the Authority and that body on the date specified in relation to that body in column (2) of the Schedule.
Transfer of trust property
2
On 12th December 1996 the trust property shall be transferred from the Authority to each of the bodies specified in column (1) of the Schedule.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State
Department of Health
14th November 1996


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Claims and Payments Etc.) Amendment Regulations 1996 and shall come into force on 4th April 1996.
Amendment of the Social Security (Claims and Payments) Regulations 1987
2
1
The Social Security (Claims and Payments) Regulations 1987 are amended in accordance with the following provisions of this regulation.
2
In regulation 20A —
a
for paragraph (2) there is substituted the following paragraph —
2
Where a beneficiary falls within a class mentioned in paragraph (1) the Secretary of State shall issue an instrument for benefit payment to whichever one or more of the following persons seems to him to be appropriate in the circumstances of the case —
a
that beneficiary;
b
in England and Wales, the receiver appointed by the Court of Protection with power to receive benefit on behalf of that claimant;
c
in Scotland, the tutor, curator or other guardian acting or appointed in terms of law to administer the estate of that beneficiary;
d
the person appointed by the Secretary of State under regulation 33 to act on behalf of that beneficiary;
e
subject to paragraph (4A), the person authorised by that beneficiary to act on his behalf;
f
the person to whom benefit is to be paid on that beneficiary’s behalf further to a direction by the Secretary of State under regulation 34; and
g
the alternative payee under regulation 36.
;
b
in paragraph (4), at the beginning of sub-paragraph (b), there are inserted the words “Subject to paragraph (4A),”; and
c
after paragraph (4) there is inserted the following paragraph —
4A
A person authorised by the beneficiary to act on his behalf under paragraph (2)(e) must be so authorised in respect of all benefits, payment of which may be obtained by means of that instrument for benefit payment.
;
d
after paragraph (5) there is inserted the following paragraph —
5A
When an instrument for benefit payment is presented for payment the Secretary of State may require the person presenting that instrument to accept payment —
a
if the instrument is presented —
i
for the purpose of obtaining payment of any benefit to which the person presenting it is entitled in his own right; or
ii
by a person such as is mentioned in paragraph (2)(b), (c), (d), (e) or (f) for the purpose of obtaining payment of any benefit to which the person in respect of whom the appointment, authorisation or, as the case may be, direction mentioned in those provisions relate is so entitled,
of all monies then due in respect of such benefits; or
b
if the instrument is presented for the purpose of obtaining payment of any benefit which that person is entitled to receive by virtue of regulation 36 (payment to a partner as alternative payee), of all monies then due in respect of such benefits,
payment of which may be obtained by means of that instrument.
.
3
In regulation 21 —
a
in paragraph (1) the words “to which this regulation applies”; and
b
paragraph (6),
shall be omitted.
4
For regulation 29 there is substituted the following regulation —
Payments to persons under age 18
29
Where benefit is paid to a person under the age of 18 (whether on his own behalf or on behalf of another) the receipt of that person shall be a sufficient discharge to the Secretary of State.
.
5
In regulation 38, in paragraph (1) —
a
after sub-paragraph (a) there is inserted the following sub-paragraph
aa
in relation to any such sum which is payable by means of an instrument for benefit payment, on the first date when payment of that benefit could be obtained by that means;
; and
b
in sub-paragraph (c), for the words “neither (a) nor (b) applies” there are substituted the words “none of (a), (aa) or (b) apply”.
6
In Schedule 7, at the end of paragraph 1 there are added the words “or an instrument for benefit payment”.
7
In Schedule 9, in paragraph 1, for the definition of “specified benefit” there is substituted the following definition —
“specified benefit” means —
in respect of any period during which benefit is paid by means of an instrument of payment, income support either alone or together with any unemployment benefit, incapacity benefit, retirement pension or severe disablement allowance which is paid by means of the same instrument of payment; and
in respect of any period during which benefit is paid by means of an instrument for benefit payment, income support and, where paid concurrently with income support, unemployment benefit, incapacity benefit, retirement pension or severe disablement allowance;
.
8
In Schedule 9A —
a
in paragraph 1, for the definition of “relevant benefits” there is substituted the following definition —
“relevant benefits” means —
in respect of any period during which benefit is paid by means of an instrument of payment, income support either alone or together with any unemployment benefit, incapacity benefit, retirement pension or severe disablement allowance which is paid by means of the same instrument of payment; and
in respect of any period during which benefit is paid by means of an instrument for benefit payment, income support and, where paid concurrently with income support, unemployment benefit, incapacity benefit, retirement pension or severe disablement allowance;
; and
b
paragraph 5 is omitted.
Amendment of the Statutory Sick Pay (General) Regulations 1982
3
In regulation 9C of the Statutory Sick Pay (General) Regulations 1982 (payments by the Secretary of State) , after the words “instrument of payment” there are inserted the words “, instrument for benefit payment”.
Amendment of the Social Security (Payments on Account, Overpayments and Recovery) Regulations 1988
4
In regulation 16 of the Social Security (Payments on Account, Overpayments and Recovery) Regulations 1988 (limitations on deductions from prescribed benefits) , in paragraph (8), for the definition of “specified benefit” there is substituted the following definition —
“specified benefit” means —
in respect of any period during which benefit is paid by means of an instrument of payment, income support either alone or together with any unemployment benefit, incapacity benefit, retirement pension or severe disablement allowance which is paid by means of the same instrument of payment; and
in respect of any period during which benefit is paid by means of an instrument for benefit payment, income support and, where paid concurrently with income support, unemployment benefit, incapacity benefit, retirement pension or severe disablement allowance;
.
Amendment of the Social Security (Recoupment) Regulations 1990
5
In regulation 2 of the Social Security (Recoupment) Regulations 1990 (relevant benefits) , in paragraph (2), after the words “instrument of payment” there are inserted the words “or paid concurrently with each of those benefits by means of an instrument for benefit payment”.
Signed by authority of the Secretary of State for Social Security.
Oliver Heald
Parliamentary Under-Secretary of State,
Department of Social Security
7th March 1996


text:
1
This Instrument may be cited as “The County Council of Norfolk (Reconstruction of Stow Bridge) Scheme 1995 Confirmation Instrument 1996” and shall come into force on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
2
The County Council of Norfolk (Reconstruction of Stow Bridge) Scheme 1995 (“the Scheme”) is hereby confirmed with modifications.
3
The Scheme as confirmed is set out in the Schedule hereto and copies of the Scheme with its accompanying plan as modified are deposited at the offices of the Department of Transport, Great Minster House, 76 Marsham Street, LONDON SW1P 4DR, and at the offices of the County Council of Norfolk at County Hall, Martineau Lane, Norwich, NR1 2DH.
Signed by authority of the Secretary of State for Transport
Pamela Denham
Regional Director, Government Office for the North East
23rd July 1996


text:
Citation, Commencement and Application
1
1
This Order may be cited as the North Yorkshire (District of York) (Staff Transfer) Order 1996 and shall come into force on 1st April 1996.
2
This Order makes provisions which are consequential or supplementary to the North Yorkshire (District of York) (Structural and Boundary Changes) Order 1995.
Interpretation
2
In this Order —
“contract of employment” means a contract under which a person works for another person whether under a contract of service or apprenticeship or otherwise but does not include a contract for services;
“designated list” means the list marked `The North Yorkshire (District of York) (Staff Transfer) Order 1996 Designated List' which is signed by the Secretary of State for the Environment, one copy of which is deposited with the York District Council and one in the offices of the Secretary of State for the Environment;
“employee” means a person employed under a contract of employment.
Transfer of Staff
3
1
This article shall apply to any employee (a “designated employee”) —
a
who immediately before 1st April 1996 (“the reorganisation date”) was employed by the North Yorkshire County Council, the Harrogate Borough Council, the Ryedale District Council, the Selby District Council or the York City Council;
b
whose employment would continue but for the abolition of the York City Council and the boundary changes to the other four councils; and
c
whose name is mentioned in the designated list.
2
The contract of employment of a designated employee shall not be terminated on the reorganisation date but shall have effect as if originally made between that employee and the York District Council.
3
This article is without prejudice to any provision of the Transfer of Undertakings (Protection of Employment) Regulations 1981.
Signed by authority of the Secretary of State
Paul Beresford
Parliamentary Under Secretary of State,
Department of the Environment
21st February 1996


text:
1
This Order may be cited as the Licensing (Fees) (Amendment) Order 1996 and shall come into force on 1st May 1996.
2
The Schedule to the Licensing (Fees) Order 1978 shall be amended by inserting, after the entry relating to the grant of a special hours certificate, the following entries —
Grant of provisional special hours certificate — ss. 77A and 78ZA 10.00 Declaring provisional grant of special hours certificate final — ss. 77A(3) and 78ZA(3) 4.00
Home Office
Timothy Kirkhope
Parliamentary Under-Secretary of State
3rd April 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Grantham and District Hospital National Health Service Trust (Transfer of Trust Property) Order 1996 and shall come into force on 1st July 1996.
2
In this Order —
“the Authority” means the Lincolnshire Health Authority established on 1st April 1996 ;
“the old Authority” means the Lincolnshire Health Authority established on 1st April 1994 and abolished on 1st April 1996 ;
“the Trust” means the Grantham and District Hospital National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the old Authority and the Trust on 10th January 1996, which schedule has been signed on behalf of both the old Authority and the Trust.
Transfer of trust property
2
On 1st July 1996 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
John Horan
Parliamentary Under Secretary of State,
Department of Health
4th June 1996


text:
Citation
1
This Order may be cited as the Jobseekers Act 1995 (Commencement No.2) Order 1996.
Appointed Day
2
22nd April 1996 is the day appointed for the coming into force of —
a
paragraphs 38, 39, 40, 44, 45, 47, 52, 67, 68, 69, 70, 73, 75 and 76 of Schedule 2 to the Jobseekers Act 1995 (which contain amendments to the Administration Act and the Local Government Finance Act 1992 ); and
b
section 41(4) of that Act in so far as it relates to those paragraphs.
Amendment of Commencement Order No.1
3
In article 2(g) of the Jobseekers Act 1995 (Commencement No.1) Order 1995 , for the words “section 41(5)” there shall be substituted the words “section 41(4)”.
Signed by authority of the Secretary of State for Social Security.
Roger Evans
Parliamentary Under-Secretary of State,
Department of Social Security
18th April 1996


text:
Citation, commencement and extent
1
1
This Order may be cited as the Deregulation (Gun Barrel Proving) Order 1996 and shall come into force 28 days after the day on which it is made.
2
This Order extends to Northern Ireland.
Interpretation
2
In this Order “the 1868 Act ” means the Gun Barrel Proof Act 1868, “the 1950 Act ” means the Gun Barrel Proof Act 1950 and “the 1978 Act ” means the Gun Barrel Proof Act 1978 .
Charges for proving and marking barrels
3
1
In section 118 of the 1868 Act (charges for proving and marking barrels) the words from “not exceeding” to the end are hereby repealed.
2
The following provisions (which are spent in consequence of paragraph (1) above), namely —
a
sections 3 and 4 of, and the Schedule to, the 1950 Act, and
b
paragraph 20 of Schedule 3 to the 1978 Act, are also hereby repealed.
John M. Taylor,
Parliamentary Under-Secretary of State for Competition and Consumer Affairs,
Department of Trade and Industry
17th June 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Wiltshire Health Care National Health Service Trust (Transfer of Trust Property) Order 1996 and shall come into force on 1st April 1996.
2
In this Order —
“the Authority” means the Wiltshire and Bath Health Authority;
“the Trust” means the Wiltshire Health Care National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 29th February 1996, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 1st April 1996 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State,
Department of Health
11th March 1996


text:
1
1
This Order may be cited as the Asylum and Immigration Act 1996 (Commencement No. 3 and Transitional Provisions) Order 1996.
2
In this Order “ the Act ” means the Asylum and Immigration Act 1996.
2
1
Subject to paragraphs (2) and (3) below, section 8 of the Act shall come into force on 27th January 1997.
2
Section 8 of the Act shall not apply to employment which began before 27th January 1997.
3
For the purpose only of making orders under subsections (1) and (2), section 8 of the Act shall come into force on 1st December 1996.
Ann Widdecombe
Minister of State
Home Office
25th November 1996


text:
1
This Order may be cited as the A21 Trunk Road (Tonbridge Bypass to Pembury Bypass Dualling) (Detrunking) Order 1996 and shall come into force on 5th April 1996.
2
In this Order —
i
“classified road” as a classification for a highway, means that the highway is not a principal road for the purposes of enactment or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the new trunk road” means the new highway which the Secretary of State proposes to construct referred to in Article 2 of the A21 Trunk Road (Tonbridge Bypass to Pembury Bypass Dualling) Order 1996 ;
iii
“the trunk road” means the A21 Trunk Road.
3
The length of the trunk road described in the Shedule to this Order shall cease to be a trunk road and shall be clssified as a classified road from the date on which the Secretary of State notifies Kent County Council that the new road is open to traffic.
Signed by authority of the Secretary of State for Transport
D. Ward,
Director Southern Operations Division Highway Agency
4th March 1996


text:
Citation
1
This Order may be cited as the Environment Agency (Transfer Date) Order 1996.
Transfer Date
2
For the purposes of Part I of the Environment Act 1995 as it applies for or in connection with transfers under or by virtue of Chapter I of that Part, the transfer date shall be 1st April 1996.
Signed by authority of the Secretary of State
James Clappison
Parliamentary Under Secretary of State,
Department of the Environment
31st January 1996
Signed by authority of the Secretary of State
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
6th February 1996


text:
Citation and commencement
1
These Regulations may be cited as the Occupational Pension Schemes (Pensions Compensation Board Limit on Borrowing) Regulations 1996 and shall come into force on 1st August 1996.
Limit on borrowing
2
The aggregate amount outstanding in respect of the principal of any money borrowed by the Pensions Compensation Board under section 78(5) of the Pensions Act 1995 must not exceed £15 million.
Signed by authority of the Secretary of State for Social Security.
Oliver Heald
Parliamentary Under-Secretary of State,
Department of Social Security
25th July 1996


text:
1
This Order may be cited as the Railways Act 1993 (Extinguishment of Relevant Loans) (Railtrack plc) Order 1996 and shall come into force on 29th March 1996.
2
All of Railtrack plc’s liabilities in respect of the principal of the relevant loans specified in the Schedule to this Order are hereby extinguished.
Signed by authority of the Secretary of State for Transport
John Watts
Minister of State,
Department of Transport
6th March 1996
We consent to the making of this Order
Derek Conway
Simon Burns
Two of the Lords Commissioners of Her Majesty’s Treasury
7th March 1996


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Adjudication) Amendment (No. 2) Regulations 1996 and shall come into force on 8th November 1996.
2
In these Regulations “the Adjudication Regulations ” means the Social Security (Adjudication) Regulations 1995 .
Amendment of regulation 63A of the Adjudication Regulations
2
1
Regulation 63A of the Adjudication Regulations shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (9) for the word “Where” there shall be substituted the words “Except in a case to which paragraphs (13) to (15) apply, where”.
3
After paragraph (12) there shall be inserted the following paragraphs —
13
Paragraph (14) applies in the case of a claimant who is treated as having been awarded a jobseeker’s allowance by virtue of regulation 7 of the Jobseeker’s Allowance (Transitional Provisions) Regulations 1996 (jobseeker’s allowance to replace income support and unemployment benefit) , was paid benefit in accordance with an award of income support in respect of 6th October 1996 and whose applicable amount includes an amount determined in accordance with Schedule 3 to the Income Support (General) Regulations 1987 (housing costs) .
14
In a case to which this paragraph applies, a determination on a review undertaken as a result of a reduction in the amount of eligible capital owing in connection with a loan which qualifies under paragraph 15 or 16 of Schedule 3 to the Income Support (General) Regulations 1987 shall have effect on the first and each subsequent anniversary of the date on which the claimant’s housing costs were first met under that Schedule unless that anniversary date falls on or after 7th October but precedes 8th November 1996 in which case paragraph (15) shall apply.
15
In a case to which this paragraph applies a determination on a review shall have effect on 8th November 1996 and thereafter on the first and each subsequent anniversary of the date on which the claimant’s housing costs were first met under Schedule 3 to the Income Support (General) Regulations 1987.
Signed by authority of the Secretary of State for Social Security.
Roger Evans
Parliamentary Under-Secretary of State,
Department of Social Security
17th October 1996


text:
Citation and commencement
1
This Order may be cited as the Tyne Riverside Enterprise Zones (North Tyneside and South Tyneside) (Designation) Order 1996 and shall come into force on 21st October 1996.
Interpretation
2
In this Order:
“the Corporation” means the Tyne and Wear Development Corporation;
“map” means a map prepared in duplicate, numbered, marked “Map referred to in the Tyne Riverside Enterprise Zones (North Tyneside and South Tyneside) (Designation) Order 1996”, and signed by an Under Secretary in the Department of the Environment, one duplicate of which has been deposited and is available for inspection at the principal offices of the Corporation, and the other at the offices of the Secretary of State for the Environment.
Enterprise zones in North Tyneside and South Tyneside (Tyne and Wear urban development area)
3
1
In this article, “zone area” means an area —
a
to which a Scheme listed in column 1 below relates; and
b
the boundaries of which are represented by the outside edge of a black line edged internally with a stippled band on the map bearing the number specified in relation to that Scheme in column 2.
Column 1 Column 2 Name of Scheme: Shown on map number–
The Tyne Riverside Enterprise Zone No. 8: Baltic Enterprise Park Scheme 1 The Tyne Riverside Enterprise Zone No. 9: Viking Industrial Park–Wagonway West Scheme 2 The Tyne Riverside Enterprise Zone No. 10: Viking Industrial Park–Blackett Street Scheme 3 The Tyne Riverside Enterprise Zone No. 11: Viking Industrial Park–Western Road Scheme 4
2
Each zone area is hereby designated as an enterprise zone, and the Corporation is hereby designated as the enterprise zone authority for that zone.
Period of designation
4
Designation under this Order shall take effect on 21st October 1996, and each designated area shall remain an enterprise zone for a period of 10 years from that date.
Signed by authority of the Secretary of State
Paul Beresford
Parliamentary Under-Secretary of State,
Department of the Environment
12th September 1996
We consent,
Kenneth Clarke
Patrick Mcloughlin
Two of the Lords Commissioners of Her Majesty’s Treasury
19th September 1996


text:
Citation, Commencement and Application
1
1
This Order may be cited as the North Lincolnshire and East Riding of Yorkshire District Councils (Staff Transfer) Order 1996 and shall come into force on 1st April 1996.
2
This Order makes provisions which are consequential or supplementary to the Humberside (Structural Change) Order 1996.
Interpretation
2
In this Order —
“contract of employment” means a contract under which a person works for another person whether under a contract of service or apprenticeship or otherwise but does not include a contract for services;
“employee” means a person employed under a contract of employment.
Transfer of Staff
3
1
This article shall apply to any employee (a “designated employee”) who —
a
immediately before 1st April 1996 (“the reorganisation date”) was employed by the Boothferry Borough Council;
b
whose employment would continue but for the abolition of that council; and
c
whose name is mentioned in the Schedule to this Order.
2
The contract of employment of a designated employee shall not be terminated on the reorganisation date but shall have effect —
a
in the case of an employee whose name is mentioned in Part I of the Schedule to this Order, as if originally made between that employee and the East Riding of Yorkshire District Council,
b
in the case of an employee whose name is mentioned in Part II of that Schedule, as if originally made between that employee and the North Lincolnshire District Council.
3
This article is without prejudice to any provision of the Transfer of Undertakings (Protection of Employment) Regulations 1981.


text:
1
This Order may be cited as the Immigration (Transit Visa) (Amendment) Order 1996 and shall come into force on 1st September 1996.
2
For the Schedule to the Immigration (Transit Visa) Order 1993 there shall be substituted the Schedule to this Order.
Timothy Kirkhope
Parliamentary Under−Secretary of State
Home Office
5th August 1996


text:
Citation and commencement
1
This Order may be cited as the River Tay Catchment Area Protection (Renewal) Order 1993 Variation Order 1996 and shall come into force on 1st February 1996.
Variation
2
The River Tay Catchment Area Protection (Renewal) Order 1993 shall be varied by omitting, in article 4, the words “During the period from 22nd February 1993 to 21st February 1996, both dates inclusive,”.
D R Dickson
Assistant Secretary, Scottish Office
Pentland House,
Edinburgh
9th January 1996


text:
1
This Scheme may be cited as the A556(M) Motorway (M6 to M56 Link) Supplementary Connecting Roads Scheme 1996 and shall come into force on 28th June 1996.
2
In this Scheme:
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“connecting road” means a special road along a route described in the Schedule to this Scheme;
ii
“the plan” means the plan folio, containing two site plans bound together and respectively numbered 1 and 2, numbered HA/16/1/CNW 345, marked “The A556(M) Motorway (M6 to M56 Link) Supplementary Connecting Roads Scheme 1996”, signed by authority of the Secretary of State for Transport and deposited at the Department of Transport, LG12, Great Minster House, 76 Marsham Street, London SW1P 4DR; and
iii
“the special roads” means each connecting road.
3
The Secretary of State is authorised to provide the special roads for the exclusive use of traffic of Classes I and II of the classes of traffic set out in Schedule 4 to the Highways Act 1980.
4
The centre line of each of the special roads is indicated by a heavy black line on the plan.
5
Each of the special roads shall become a trunk road on the date when this Scheme comes into force.
Signed by authority of the Secretary of State for Transport
R R Bineham
Director Highways Agency Northern Operations Division
4th June 1996