text:
PART I
GENERAL
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Financial Institutions (Prudential Supervision) Regulations 1996.
2
These Regulations shall come into force on 18th July 1996.
3
In these Regulations —
“the Banking Act ” means the Banking Act 1987 ;
“the Building Societies Act ” means the Building Societies Act 1986 ;
“the Financial Services Act ” means the Financial Services Act 1986 ;
“the Friendly Societies Act ” means the Friendly Societies Act 1992 ;
“the Insurance Companies Act ” means the Insurance Companies Act 1982 ;
“the Bank” means the Bank of England;
“the Board” means The Securities and Investments Board;
“ EEA State” means a State which is a contracting party to the agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 ;
“the Prudential Supervision Directive” means the European Parliament and Council Directive of 29th June 1995 amending —
Directives 77/780/ EEC and 89/646/EEC in the field of credit institutions,
Directives 72/239/EEC and 92/49/EEC in the field of non-life insurance,
Directives 79/267/EEC and 92/96/EEC in the field of life assurance,
Directive 93/22/EEC in the field of investment firms, and
Directive 85/611/EEC in the field of undertakings for collective investment in transferable securities ( UCITS ),
with a view to reinforcing prudential supervision ( No. 95/26/ EC ) ;
“undertaking” has the same meaning as in Part VII of the Companies Act 1985 .
4
Any reference in these Regulations —
a
to an undertaking being closely linked with any person, or being closely linked with any person by control; or
b
to an undertaking’s close links with any person, shall be construed in accordance with regulation 2 below.
Meaning of “closely linked” etc.
2
1
This regulation has effect for the purposes of these Regulations and the following Acts, namely —
a
the Banking Act;
b
the Building Societies Act;
c
the Friendly Societies Act; and
d
the Insurance Companies Act;
and subject to the modifications referred to in paragraph (3) below, expressions used in paragraph (2) below which are also used in Part VII of the Companies Act 1985 have the same meanings as in that Part.
2
An undertaking is closely linked with —
a
any person who is or, if he were an undertaking, would be its parent undertaking;
b
any undertaking which is its subsidiary undertaking;
c
any undertaking which is or, if any person falling within sub-paragraph (a) above were an undertaking, would be a fellow subsidiary undertaking; and
d
any person in accordance with whose directions or instructions its directors are accustomed to act;
and any reference to an undertaking’s close links with any person shall be construed accordingly.
3
For the purpose of determining any question arising under paragraph (2) above, sections 258 to 260 of and Schedule 10A to the Companies Act 1985 shall have effect with the modifications specified in Schedule 1 to these Regulations.
4
An undertaking which is closely linked with any person is closely linked with that person by control if, and only if, it would still be closely linked with that person if subsection (4) of section 258 of the Companies Act 1985, and paragraph 3 of Schedule 1 to these Regulations, were omitted.
PART II
BANKING INSTITUTIONS
Refusal and revocation of authorisation by Bank
3
1
After subsection (3) of section 9 of the Banking Act (grant and refusal of authorisation) there shall be inserted the following subsection —
3A
The Bank shall refuse an application made by a credit institution if it appears to the Bank that —
a
the institution is an undertaking which is closely linked with any person; and
b
the institution’s close links with that person, or any matters relating to any non-EEA laws or administrative provisions to which that person is subject, are such as would prevent the effective exercise by the Bank of its supervisory functions in relation to the institution;
and in this subsection and subsection (1B) of section 11 below `non-EEA laws' means laws of a country or territory which is not a contracting party to the agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993, and “non-EEA administrative provisions” shall be construed accordingly.
2
After subsection (1A) of section 11 of that Act (revocation of authorisation) there shall be inserted the following subsection —
1B
The Bank may revoke the authorisation of a credit institution if it appears to the Bank that —
a
the institution is an undertaking which is closely linked with any person; and
b
the institution’s close links with that person, or any matters relating to any non-EEA laws or administrative provisions to which that person is subject, are such as to prevent the effective exercise by the Bank of its supervisory functions in relation to the institution.
Communication by auditor etc. with Bank
4
1
In subsection (1) of section 47 of the Banking Act (communication by auditor etc. with Bank), after paragraph (b) there shall be inserted the words
or
c
an auditor of a body with which an authorised institution which is a credit institution is closely linked by control who is also either —
i
an auditor of the institution; or
ii
a person appointed to make a report under section 8(5) or 39(1)(b) above in respect of the institution,
2
After subsection (3) of that section there shall be inserted the following subsection —
3A
In relation to an auditor of a body with which an authorised institution which is a credit institution is closely linked by control, this section applies to any matter of which he becomes aware in his capacity as auditor of the body and which relates to the business or affairs of the institution.
Disclosure of information by Bank
5
1
In subsection (1) of section 83 of the Banking Act (disclosure for facilitating discharge of functions of Bank) —
a
the word “or” immediately following paragraph (b) shall be omitted; and
b
after paragraph (c) there shall be inserted the words
or
d
its functions as a supervisor of systems for the transfer of funds between credit institutions and their customers.
2
In the Table in subsection (1) of section 84 of that Act (disclosure for facilitating discharge of functions by other supervisory authorities) —
a
in entry 11, in the first column, the words “recognised clearing house” shall be omitted and, in the second column, for the words “exchange or clearing house” there shall be substituted the words “or exchange”;
b
after entry 11 there shall be inserted the following entries —
11A
A recognised clearing house (within the meaning of the Financial Services Act 1986).
Functions in its capacity as a clearing house under the Financial Services Act 1986 so far as they are exercisable in relation to defaults or potential defaults by market participants.
11B
A person approved under the Uncertificated Securities Regulations 1995 as an operator of a relevant system (within the meaning of those Regulations).
Functions as a person so approved so far as they are exercisable in relation to defaults or potential defaults by market participants.
11C
A recognised supervisory body (within the meaning of Part II of the Companies Act 1989).
Functions in its capacity as such a body under that Part or functions in relation to disciplinary proceedings against auditors.
c
in entry 12, at the end of the second column there shall be inserted the words “or functions in relation to disciplinary proceedings against insolvency practitioners (within the meaning of that Act)”;
d
in entry 19, at the end of the second column there shall be inserted the words “or functions in relation to disciplinary proceedings against insolvency practitioners (within the meaning of that Order)”; and
e
after that entry there shall be inserted the following entry —
20
A recognised supervisory body (within the meaning of Part III of the Companies (Northern Ireland) Order 1990).
Functions in its capacity as such a body under that Part, or functions in relation to disciplinary proceedings against auditors.
3
In subsection (6) of that section, the word “or” immediately following paragraph (b) shall be omitted and after paragraph (c) there shall be inserted the words
or
d
in the case of a supervisory authority in another EEA State, its functions as a supervisor of systems for the transfer of funds between credit institutions and their customers.
4
At the beginning of subsection (10) of that section there shall be inserted the words “Subject to subsection (11) below,” and after that subsection there shall be inserted the following subsections —
11
Subsection (10) above shall not apply in relation to references to enabling or assisting the discharge or exercise of the following functions, namely —
a
functions of the Secretary of State under Part XIV of the Companies Act 1985, Part XIII of the Insolvency Act 1986 or Part II of the Companies Act 1989 or, so far as relating to the breach of any law relating to companies, under section 83 of the Companies Act 1989;
b
functions of an inspector under Part XIV of the Companies Act 1985 or, so far as relating to offences involving securities of a company, under section 177 of the Financial Services Act 1986;
b
functions of a person authorised to exercise powers under section 84 of the Companies Act 1989, so far as relating to the breach of any law relating to companies;
d
functions of a recognised clearing house (within the meaning of the Financial Services Act 1986);
e
functions of a person approved under the Uncertificated Securities Regulations 1995 as an operator of a relevant system (within the meaning of those Regulations);
f
functions of a recognised supervisory body (within the meaning of Part II of the Companies Act 1989);
g
functions of a recognised professional body (within the meaning of section 391 of the Insolvency Act 1986);
h
functions of the Department of Economic Development in Northern Ireland under Part XV of the Companies (Northern Ireland) Order 1986, Part XII of the Insolvency (Northern Ireland) Order 1989 or Part III of the Companies (Northern Ireland) Order 1990;
i
functions of an inspector under Part XV of the Companies (Northern Ireland) Order 1986;
j
functions of a recognised professional body (within the meaning of Article 350 of the Insolvency (Northern Ireland) Order 1989);
k
functions of a recognised supervisory body (within the meaning of Part III of the Companies (Northern Ireland) Order 1990);
l
functions of a supervisory authority in another EEA State in its capacity as a supervisor of systems for the transfer of funds between credit institutions and their customers.
12
In this section `another EEA State' means a State other than the United Kingdom which is a contracting party to the agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993.
5
After subsection (4) of section 86 of the Banking Act (information supplied to Bank by relevant overseas authority etc.) there shall be inserted the following subsection —
4A
Before the Bank discloses information to any person under subsection (3) above, it shall notify the relevant supervisory authority which supplied the information of the name and responsibilities of that person.
6
In relation to information relating to the business or other affairs of institutions which —
a
are authorised institutions within the meaning of the Banking Act; but
b
are not credit institutions within the meaning of that Act,
sections 83, 84 and 86 of that Act shall have effect without the amendments made by this regulation.
PART III
BUILDING SOCIETIES
Refusal and revocation of authorisation by Commission
6
1
After subsection (3) of section 9 of the Building Societies Act (initial authorisation to raise funds and borrow money) there shall be inserted the following subsection —
3A
The Commission shall not grant authorisation to a society if it appears to the Commission that —
a
the society is closely linked with any person; and
b
the society’s close links with that person, or any matters relating to any non-EEA laws or administrative provisions to which that person is subject, are such as would prevent the effective exercise by the Commission of its supervisory functions in relation to the society;
and in this Act `non-EEA laws' means laws of a country or territory outside the European Economic Area and “non-EEA administrative provisions” shall be construed accordingly.
and at the beginning of each of subsections (4) and (5) of that section there shall be inserted the words “Subject to subsection (3A) above,”.
2
After subsection (5) of section 41 of that Act (power to direct application to renew authorisation), there shall be inserted the following subsection —
5A
The Commission shall not grant renewed authorisation to a society if it appears to the Commission that —
a
the society is closely linked with any person; and
b
the society’s close links with that person, or any matters relating to any non-EEA laws or administrative provisions to which that person is subject, are such as would prevent the effective exercise by the Commission of its supervisory functions in relation to the society.
and in each of subsections (6) and (7) of that section, after the words “to subsection” there shall be inserted the words “(5A) above and subsection”.
3
After paragraph (c) of subsection (3) of section 43 of that Act (revocation of authorisation), there shall be inserted the following paragraph —
cc
it appears to the Commission that —
i
the society is closely linked with any person; and
ii
the society’s close links with that person, or any matters relating to any non-EEA laws or administrative provisions to which that person is subject, are such as would prevent the effective exercise by the Commission of its supervisory functions in relation to the society;
4
After subsection (3) of section 44 of that Act (reauthorisation) there shall be inserted the following subsection —
3A
The Commission shall not grant reauthorisation to a society if it appears to the Commission that —
a
the society is closely linked with any person; and
b
the society’s close links with that person, or any matters relating to any non-EEA laws or administrative provisions to which that person is subject, are such as would prevent the effective exercise by the Commission of its supervisory functions in relation to the society.
and at the beginning of each of subsections (4) and (5) of that section, there shall be inserted the words “Subject to subsection (3A) above,”.
5
In subsection (1) of section 119 of that Act (interpretation), after the definition of “mortgage debt” there shall be inserted the following definitions —
“non-EEA laws” has the meaning given by section 9(3A) and “non-EEA administrative provisions” shall be construed accordingly;
.
Disclosure of information by Commission
7
1
In subsection (5) of section 53 of the Building Societies Act (confidentiality of certain information obtained by Commission), for paragraph (b) there shall be substituted the following paragraph —
b
by the Bank, of any of the following functions, namely —
i
its functions under the Banking Act 1987;
ii
its functions as a monetary authority;
iii
its functions as a supervisor of money market and gilt market institutions; and
iv
its functions as a supervisor of systems for the transfer of funds between credit institutions and their customers.
2
In subsection (7) of that section —
a
for paragraph (b) there shall be substituted the following paragraph —
b
by the Secretary of State, of any functions of his under the Insurance Companies Act 1982, Part XIV of the Companies Act 1985, Part XIII of the Insolvency Act 1986, the Financial Services Act 1986 or Part II, III or VII of the Companies Act 1989;
and
b
in paragraph (c), after the word “documents)” there shall be inserted the words “Part XII of the Insolvency (Northern Ireland) Order 1989,”.
3
After subsection (12) of that section there shall be inserted the following subsection —
12A
Nothing in subsection (1) above prohibits the disclosure of information to the persons specified in the first column of the following Table if, in the opinion of the Commission, it is desirable or expedient that the information should be disclosed with a view to facilitating the discharge —
a
by the Commission, of any of its functions under this Act; or
b
by that person of the functions specified in relation to him in the second column of that Table.
TABLE
Person Function
1
An inspector appointed under Part XIV of the Companies Act 1985 or Part XV of the Companies (Northern Ireland) Order 1986 or, so far as relating to offences involving securities of a company, section 177 of the Financial Services Act 1986.
Functions under that Part or, so far as so relating, that section.
2
A person authorised to exercise powers under section 84 of the Companies Act 1989.
Functions under that section, so far as relating to the breach of any law relating to companies.
3
A recognised clearing house (within the meaning of the Financial Services Act 1986).
Functions in its capacity as a clearing house recognised under the Financial Services Act 1986 so far as they are exercisable in relation to defaults or potential defaults by market participants.
4
A person approved under the Uncertificated Securities Regulations 1995 as an operator of a relevant system (within the meaning of those Regulations).
Functions as a person so approved so far as they are exercisable in relation to defaults or potential defaults by market participants.
5
A recognised supervisory body (within the meaning of Part II of the Companies Act 1989 or Part III of the Companies (Northern Ireland) Order 1990).
Functions in its capacity as such a body under that Part, or functions in relation to disciplinary proceedings against auditors.
6
A recognised professional body (within the meaning of section 391 of the Insolvency Act 1986 or Article 350 of the Insolvency (Northern Ireland) Order 1989).
Functions in its capacity as such a body under that Act or Order or functions in relation to disciplinary proceedings against insolvency practitioners (within the meaning of that Act or Order).
7
A supervisory authority in another EEA State.
Functions in its capacity as a supervisor of systems for the transfer of funds between credit institutions and their customers.”
4
In subsection (14) of that section, after the definition of “authority” there shall be inserted the following definition —
‘EEA State’ means a State other than the United Kingdom which is a contracting party to the agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993;
5
At the beginning of subsection (15) of that section, there shall be inserted the words “Subject to subsection (15A) below,”.
6
After that subsection there shall be inserted the following subsection —
15A
Subsection (15) above shall not apply to disclosures made by virtue of subsection (12A) above, or to disclosures made with a view to facilitating the discharge of any of the following functions, namely —
a
functions of the Secretary of State under Part XIV of the Companies Act 1985, Part XIII of the Insolvency Act 1986 or Part II of the Companies Act 1989 or, so far as relating to the breach of any law relating to companies, under section 83 of the Companies Act 1989; or
b
functions of the Department of Economic Development in Northern Ireland under Part XV of the Companies (Northern Ireland) Order 1986, Part XII of the Insolvency (Northern Ireland) Order 1989 or Part III of the Companies (Northern Ireland) Order 1990.
.
7
After subsection (3B) of section 54 of the Building Societies Act (information disclosed to Commission from other sources) there shall be inserted the following subsection —
3C
Before the Commission discloses information to any person under subsection (3B)(b)(i) above, it shall notify the relevant supervisory authority which disclosed the information to the Commission of the name and responsibilities of that person.
Communication by auditor etc. with Commission
8
1
In subsection (8) of section 82 of the Building Societies Act (auditor’s duties to Commission), for the words “The auditors of a building society” there shall be substituted the words
The following, namely —
a
the auditors of a building society;
b
an accountant appointed by a building society to make a report under section 52(5)(d) above; and
c
i
they are also the auditors of the society; or
ii
one of them is an accountant appointed by the society to make a report under section 52(5)(d) above,
.
2
In subsection (9) of that section —
a
for the words “the auditors of building societies” there shall be substituted the words “such persons” as are mentioned in paragraph (a), (b) or (c) of subsection (8) above; and
b
for the words “any auditor” there shall be substituted the words “any such person”.
PART IV
FINANCIAL SERVICES
Grant and refusal of authorisation
9
1
Section 27 of the Financial Services Act (grant and refusal of authorisation) shall have effect as if it included provision that the Board shall refuse an application made by a UK investment firm which is not a UK authorised institution if it appears to the Board that —
a
the firm is an undertaking which is closely linked with any person; and
b
the firm’s close links with that person, or any matters relating to any non-EEA laws or administrative provisions to which that person is subject, are such as would prevent the effective exercise by the Board of its supervisory functions in relation to the firm.
2
Section 28 of that Act (withdrawal and suspension of authorisation) shall have effect as if it included provision that the Board may withdraw or suspend any authorisation held by a UK investment firm which is not a UK authorised institution if it appears to the Board that —
a
the firm is an undertaking which is closely linked with any person; and
b
the firm’s close links with that person, or any matters relating to any non-EEA laws or administrative provisions to which that person is subject, are such as to prevent the effective exercise by the Board of its supervisory functions in relation to the firm.
3
Section 43 of that Act (listed money market institutions) shall have effect as if it included provision that the conditions and arrangements mentioned in subsection (2) shall be such that no UK investment firm which is not a UK authorised institution shall be admitted to the list, and any such firm may be removed from the list, if it appears to the Bank that —
a
the firm is an undertaking which is closely linked with any person; and
b
the firm’s close links with that person, or any matters relating to any non-EEA laws or administrative provisions to which that person is subject, are such as to prevent the effective exercise by the Bank of its supervisory functions in relation to the firm.
4
Paragraph 2 of Schedule 2 to that Act (requirements for recognition of self-regulating organisation) shall have effect as if it included provision that the rules and practices there mentioned shall be such that no UK investment firm which is not a UK authorised institution shall be admitted to membership of the organisation, and any such firm may be expelled from such membership, if it appears to the organisation that —
a
the firm is an undertaking which is closely linked with any person; and
b
the firm’s close links with that person, or any matters relating to any non-EEA laws or administrative provisions to which that person is subject, are such as to prevent the effective exercise by the organisation of its supervisory functions in relation to the firm.
5
In this regulation —
“non-EEA laws” means laws of a country or territory outside the European Economic Area, and “non-EEA administrative provision” shall be construed accordingly;
“UK authorised institution” and “UK investment firm” have the same meanings as in the Investment Services Regulations 1995 .
Communication by auditor with supervisory bodies
10
1
Section 109 of the Financial Services Act (communication by auditor with supervisory bodies) shall have effect as if —
a
the reference in subsection (1) to an auditor of an authorised person included —
i
a reference to an auditor of a body with which a qualifying person is closely linked by control who is also an auditor of that person; and
ii
a reference to an auditor of a qualifying undertaking;
b
the second reference in that subsection to the authorised person, and the reference in subsection (3) to that person, included a reference to such a body or undertaking.
2
In this regulation —
“qualifying person” means a UK investment firm, or a trustee or manager of a qualifying undertaking;
“qualifying undertaking” means an undertaking to which the UCITS Directive applies and which is, within the meaning of that Directive, situated in the United Kingdom;
“trustee&” mdash;
in relation to a qualifying undertaking which is a unit trust scheme, means the person holding the property in question on trust for the participants;
in relation to any other qualifying undertaking, means any person who (whether or not under a trust) is entrusted with the custody of the property in question;
“the UCITS Directive” means the Council Directive of 20th December 1985 on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (No. 85/611/EEC );
“UK investment firm” has the same meaning as in the Investment Services Regulations 1995;
and other expressions which are also used in the Financial Services Act have the same meanings as in that Act.
Disclosure of information: investment services
11
1
In paragraph (3) of regulation 48 of the Investment Services Regulations 1995, for the words “the Investment Services Directive, the text of which” there shall be substituted the words “the Investment Services Directive (as amended by the Prudential Supervision Directive), the text of which (as so amended)”.
2
After paragraph (9) of that regulation there shall be inserted the following paragraph —
10
In this regulation “the Prudential Supervision Directive” has the same meaning as in the Financial Institutions (Prudential Supervision) Regulations 1996.
3
In Schedule 8 to those Regulations (text of article 25 of the Investment Services Directive), for paragraph 6 there shall be substituted the paragraphs set out in Schedule 2 to these Regulations.
Disclosure of information: UCITS
12
1
This paragraph applies to any confidential information which —
a
any person who works or has worked for any person designated by the United Kingdom as a competent authority for the purposes of Article 49 of the UCITS Directive; or
b
any auditor or expert instructed by such an authority,
has received in the course of discharging his duties as such a person, auditor or expert in relation to an undertaking to which the UCITS Directive applies and which is, within the meaning of that Directive, situated in an EEA State.
2
Section 179 of the Financial Services Act shall not apply to information to which paragraph (1) above applies.
3
Information to which paragraph (1) above applies shall not be disclosed by any person referred to in sub-paragraph (a) or (b) of that paragraph, or by any person receiving it directly or indirectly from such a person, except in any of the circumstances specified in paragraphs 2 to 11 of Article 50 of the UCITS Directive (as inserted by the Prudential Supervision Directive), the text of which (as so inserted) is set out in Schedule 3 to these Regulations.
4
For the purposes of paragraph (3) above information to which paragraph (1) above applies may, subject to the provisions of paragraph (6) below, be disclosed in the circumstances described in Article 50.11 of the UCITS Directive.
5
Information received under Article 50.3 of the UCITS Directive may not be communicated in the circumstances referred to in Article 50.10 of that Directive without the express consent of the supervisory authority from whom it was obtained.
6
Information of the kind described in the third paragraph of Article 50.11 of the UCITS Directive may not be disclosed in the cases referred to in Article 50.11 except with the express consent of whichever is relevant of the authorities mentioned in the third paragraph of Article 50.11.
7
Any person who contravenes any provision of this regulation shall be guilty of an offence and liable —
a
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both;
b
on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding the statutory maximum or to both.
8
Proceedings in respect of an offence under this Regulation shall not be instituted —
a
in England and Wales, except by or with the consent of the Secretary of State or the Director of Public Prosecutions; or
b
in Northern Ireland, except by or with the consent of the Secretary of State or the Director of Public Prosecutions for Northern Ireland.
9
In proceedings brought against any person for an offence under this regulation, it shall be a defence for him to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
10
In this regulation “the UCITS Directive” has the same meaning as in regulation 10 above.
The Board’s functions under the Regulations
13
The functions of the Board under these Regulations shall be treated for the purposes of the Financial Services Act and the Transfer of Functions (Financial Services) Order 1992 as if they were functions under Chapter VI of Part I of that Act which —
a
had been functions of the Secretary of State; and
b
had been transferred to the Board by the Financial Services Act 1986 (Delegation) Order 1987 .
PART V
FRIENDLY SOCIETIES
Registration and cancellation of registration
14
1
In subsection (2) of section 26 of the Friendly Societies Act (cancellation of registration), after paragraph (b) there shall be inserted
or
c
in the case of a society to which section 37(2) or (3) below applies, that the principal place of business of the society is outside the United Kingdom,
2
After sub-paragraph (4) of paragraph 1 of Schedule 3 to that Act (establishment, incorporation and constitution of incorporated friendly societies) there shall be inserted the following sub-paragraph —
5
The central office shall not register a society which, if it were registered and authorised, would be a society to which section 37(2) or (3) above applies if the central office is satisfied that the principal place of business of the society is to be situated outside the United Kingdom; and in this sub-paragraph “authorised” has the same meaning as in Part IV of this Act.
3
In sub-paragraph (2) of paragraph 2 of that Schedule —
a
the word “and” at the end of paragraph (b) shall be omitted; and
b
after paragraph (c) there shall be inserted
and
d
in the case of a society to which section 37(2) or (3) above applies, the principal place of business of the society is situated in the United Kingdom,.
4
After paragraph (c) of section 91(1) of the Friendly Societies Act 1974 (cancellation and suspension of registration) there shall be inserted the following paragraph —
d
in the case of a society to which section 37(2) or (3) of the 1992 Act applies, if he is satisfied that the principal place of business of the society is outside the British Islands.
Refusal of authorisation by Commission
15
1
After subsection (1) of section 34 of the Friendly Societies Act (grant of unconditional or conditional authorisation) there shall be inserted the following subsections —
1A
The Commission shall refuse to grant authorisation to a society which is or, if authorisation were granted, would be a society to which section 37(2) or (3) below applies if it appears to the Commission that the principal place of business of the society is outside the United Kingdom.
1B
The Commission shall also refuse to grant authorisation to a society which is or, if authorisation were granted, would be a society to which section 37(2) or (3) below applies if it appears to the Commission that —
a
the society is an undertaking which is closely linked with any person; and
b
the society’s close links with that person, or any matters relating to any non-EEA laws or administrative provisions to which that person is subject, are such as would prevent the effective exercise by the Commission of its functions under this Act in relation to the society;
and in this subsection “non-EEA laws” means laws of a country or territory outside the European Economic Area and “non-EEA administrative provisions” shall be construed accordingly.
and at the beginning of each of subsections (2) and (4) of that section there shall be inserted the words “Subject to subsections (1A) and (1B) above,”.
2
In each of subsections (8) and (9) of that section, for the words “Subsections (2) to (7) above” there shall be substituted the words “Subsections (1A) to (7) above”.
Disclosure of information by Commission
16
1
For the purpose of facilitating references to them, the entries in the Table in subsection (5) of section 64 of the Friendly Societies Act (exceptions from restrictions on disclosure) shall be numbered 1 to 16.
2
In that Table —
a
for entry 10 there shall be substituted the following entry —
10
A recognised supervisory or qualifying body (within the meaning of Part II of the Companies Act 1989 or Part III of the Companies (Northern Ireland) Order 1990).
Functions as such a body or functions in relation to disciplinary proceedings against auditors.
b
for entry 14 there shall be substituted the following entry —
14
A recognised professional body (within the meaning of section 391 of the Insolvency Act 1986 or Article 350 of the Insolvency (Northern Ireland) Order 1989).
Functions in its capacity as such a body under that Act or that Order or functions in relation to disciplinary proceedings against insolvency practitioners (within the meaning of that Act or that Order).
;
and
c
after entry 16 there shall be inserted the following entries —
17
An actuary exercising functions under this Act.
Those functions.
18
The Institute of Actuaries or the Faculty of Actuaries.
Supervisory functions in relation to actuaries exercising functions under this Act.
3
In relation to information relating to the business or other affairs of friendly societies to which neither subsection (2) nor (3) of section 37 of the Friendly Societies Act applies, section 64 of that Act shall have effect without the amendments made by paragraph (2) above.
Communication by auditor etc. with Commission
17
1
In subsection (8) of section 79 of the Friendly Societies Act (auditors' duties to Commission and related rights), for the words “The auditors of a friendly society” there shall be substituted the words
The following, namely —
a
the auditors of a friendly society;
b
an accountant appointed to make a report under section 62(3)(d) above by a friendly society to which section 37(2) or (3) above applies; and
c
i
they are also the auditors of the society; or
ii
one of them is an accountant appointed by the society to make a report under section 62(3)(d) above,
.
2
In subsection (9) of that section —
a
for the words “the auditors of friendly societies” there shall be substituted the words “such persons as are mentioned in paragraph (a), (b) or (c) of subsection (8) above”; and
b
for the words “any auditor” there shall be substituted the words “any such person”.
PART VI
INSURANCE COMPANIES
Restrictions on issue of authorisation by Secretary of State
18
1
After subsection (1A) of section 5 of the Insurance Companies Act (submission of proposals etc.) there shall be inserted the following subsections —
1B
The Secretary of State shall not issue an authorisation under section 3 above to an applicant which is a UK or non-EC company if it appears to him that —
a
the applicant is an undertaking which is closely linked with any person; and
b
the applicant’s close links with that person, or any matters relating to any non-EEA laws or administrative provisions to which that person is subject, are such as would prevent the effective exercise by the Secretary of State of his functions under this Act in relation to the applicant;
and in this subsection “non-EEA laws” means laws of a country or territory outside the European Economic Area and “non-EEA administrative provisions” shall be construed accordingly.
1C
The Secretary of State shall not issue an authorisation under section 3 above to an applicant —
a
which is incorporated in the United Kingdom;
b
whose head office is outside the United Kingdom;
b
whose business is not restricted to business to which subsection (5) below applies; and
d
which is not excluded from each Directive mentioned in that subsection by Article 3 of that Directive.
2
In the following provisions, namely —
a
subsection (2)(b) of section 11 of that Act (withdrawal of authorisation in respect of new business); and
b
subsection (2)(e) of section 37 of that Act (grounds on which powers are exercisable),
for the words “section 7, 8 or 9” there shall be substituted the words “section 5(1B) or (1C), 7, 8 or 9”.
Communication by auditor with Secretary of State
19
For subsection (1) of section 21A of the Insurance Companies Act (communication by auditor with Secretary of State) there shall be substituted the following subsection —
1
No duty to which —
a
an auditor of an insurance company to which this Part of this Act applies; or
b
an auditor of any body with which a UK or non-EC company is closely linked by control who is also an auditor of the insurance company,
may be subject shall be regarded as contravened by reason of his communicating in good faith to the Secretary of State, whether or not in response to a request from him, any information or opinion on a matter of which the auditor has become aware in his capacity as auditor of that company or body and which is relevant to any functions of the Secretary of State under this Act
.
Disclosure of information by Secretary of State
20
1
In the Table in sub-paragraph (1) of paragraph 3 of Schedule 2B to the Insurance Companies Act (disclosure for facilitating discharge of functions by other regulatory authorities), for entry 25 there shall be substituted the following entries —
25
An auditor appointed under section 21 above, section 384 of the Companies Act 1985 or section 107 of the Financial Services Act 1986 or a person approved under section 108 of the Financial Services Act 1986.
All functions.
26
A recognised supervisory body (within the meaning of Part II of the Companies Act 1989 or Part III of the Companies (Northern Ireland) Order 1990).
Functions in its capacity as such a body under that Part, or functions in relation to disciplinary proceedings against auditors.
27
A recognised professional body (within the meaning of section 391 of the Insolvency Act 1986 or Article 350 of the Insolvency (Northern Ireland) Order 1989).
Functions in its capacity as such a body under that Act or that Order, or functions in relation to disciplinary proceedings against insolvency practitioners (within the meaning of that Act or that Order).
28
An actuary exercising functions under this Act.
Those functions.
29
The Institute of Actuaries or the Faculty of Actuaries.
Supervisory functions in relation to an actuary exercising functions under this Act.
2
At the beginning of sub-paragraph (9) of that paragraph there shall be inserted the words “Subject to sub-paragraph (10) below,” and after that sub-paragraph there shall be inserted the following sub-paragraph —
10
Sub-paragraph (9) above shall not apply in relation to references to enabling or assisting the discharge or exercise of the following functions, namely —
a
functions of the Secretary of State under Part XIV of the Companies Act 1985, Part XIII of the Insolvency Act 1986 or Part II of the Companies Act 1989 or, so far as relating to the breach of any law relating to companies, under section 83 of the Companies Act 1989;
b
functions of an inspector under Part XIV of the Companies Act 1985 or, so far as relating to offences involving securities of a company, under section 177 of the Financial Services Act 1986;
b
functions of a person authorised to exercise powers under section 84 of the Companies Act 1989, so far as relating to the breach of any law relating to companies;
d
functions of the Department of Economic Development in Northern Ireland under Part XV of the Companies (Northern Ireland) Order 1986, Part XII of the Insolvency (Northern Ireland) Order 1989 or Part III of the Companies (Northern Ireland) Order 1990;
e
functions of an inspector under Part XV of the Companies (Northern Ireland) Order 1986;
f
functions of a recognised professional body (within the meaning of section 391 of the Insolvency Act 1986 or Article 350 of the Insolvency (Northern Ireland) Order 1989);
g
functions of a recognised supervisory body (within the meaning of Part II of the Companies Act 1989 or Part III of the Companies (Northern Ireland) Order 1990).
3
After sub-paragraph (4) of paragraph 5 of that Schedule (information supplied by a supervisory authority) there shall be inserted the following sub-paragraph —
4A
Before the Secretary of State discloses information to any person under sub-paragraph (3) above, he shall notify the supervisory authority which supplied the information of the name and responsibilities of that person.
4
In relation to information relating to the business or other affairs of companies which are neither UK nor non-EC companies within the meaning of the Insurance Companies Act, paragraph 3 of Schedule 2B to that Act shall have effect without the amendments made by paragraphs (1) and (2) above.
Duty to notify close links to Secretary of State
21
1
This regulation applies where on any day —
a
a UK or non-EC company becomes closely linked with any person; and
b
that person does not also become its controller (within the meaning of the Insurance Companies Act).
2
Within 30 days of that day, the company shall give written notice to the Secretary of State stating that it has become so linked.
3
A notice under paragraph (2) above shall also state —
a
the name of the person with whom it is closely linked;
b
the nature of its close links with that person; and
c
the requisite particulars of that person.
4
The requisite particulars of any person are as follows —
a
where that person is a body corporate, the country or territory in which it is incorporated and, if it is registered, its registered number;
b
where that person is an individual, the date and place of his birth; and
c
where that person is a partnership, the particulars mentioned in paragraph (a) or (b) above in respect of each partner.
5
Any person who makes default in complying with this regulation shall be liable —
a
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both;
b
on summary conviction, to a fine not exceeding the statutory maximum.
6
Where a UK or non-EC company has become closely linked with any person before the day on which these Regulations come into force, these Regulations shall have effect as if the company had become closely linked with that person on that day.
7
In this regulation “UK company” and “non-EC company” have the same meanings as in the Insurance Companies Act.
PART VII
MISCELLANEOUS AND SUPPLEMENTAL
Subordinate legislation relating to auditors and accountants
22
Schedule 4 to these Regulations (which makes transitory amendments of certain subordinate legislation relating to auditors and accountants) shall have effect.
Minor and consequential amendments
23
The enactments specified in Schedule 5 to these Regulations shall have effect subject to the amendments there specified (being minor amendments or amendments consequential on the foregoing provisions of these Regulations).
Transitory provisions
24
1
This regulation applies if in any EEA State which is not a member State (“the defaulting State”) the Prudential Supervision Directive is not fully or substantially implemented before 18th July 1996.
2
Until such date as that Directive is fully or substantially implemented in the defaulting State —
a
the amendments made by regulations 3, 6, 9, 15 and 18 above shall have effect as if that State were a country or territory outside the European Economic Area; and
b
the amendments made by regulations 5(3) and (4) and 7(3) above, and the provisions made by regulation 12 above, shall have effect as if that State were not an EEA State.
Bowen Wells
Simon Burns
Two of the Lords Commissioners of Her Majesty’s Treasury
27th June 1996


type: legislation

jurisdiction: UK

text:
1
These Regulations may be cited as the Rules of the Air Regulations 1996, and shall come into force on 19th June 1996.
2
The Rules of the Air set out in the First Schedule hereto shall have effect and may be cited as the Rules of the Air 1996.
3
The Regulations specified in the Second Schedule hereto are hereby revoked.
Signed by authority of the Secretary of State for Transport
Goschen
Parliamentary Under Secretary of State,
Department of Transport
28th May 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North Durham Acute Hospitals National Health Service Trust (Transfer of Trust Property) Order 1996 and shall come into force on 21st March 1996.
2
In this Order —
“the Authority” means the North Durham Health Authority;
“the Trust” means the North Durham Acute Hospitals National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 22nd September 1995, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 21st March 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
19th February 1996


text:
Citation and commencement
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (Kettering Borough Council) Order 1996 and shall come into force on 8th August 1996.
Exemption
2
The management of sports and leisure facilities by the Kettering Borough Council shall not be treated as a defined activity so long as it is undertaken at Desborough Leisure Centre, The Hawthorns, Desborough before 1 April 1999.
Signed by authority of the Secretary of State
Paul Beresford
Parliamentary Under-Secretary of State,
Department of the Environment
10th July 1996


text:
Citation and commencement
1
These Regulations may be cited as the National Health Service (Appointment of Consultants) Regulations 1996 and shall come into force on 1st April 1996.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“application” means an application for an appointment to which these Regulations apply, and “applicant” shall be construed accordingly;
“Authority” means a Health Authority, a Special Health Authority, or two or more such Authorities of the same kind;
“Committee” means an Advisory Appointments Committee constituted pursuant to the provisions of regulation 7;
“consultant” in relation to a relevant specialty, means
a consultant specialising, or who has recently specialised, in the relevant specialty, or
where the relevant specialty has not yet been established, a consultant specialising, or who has recently specialised, in a specialty which, in the opinion of the relevant college, is closely related to the relevant specialty;
“core members” means the members of a Committee appointed under paragraph 2 of Schedule 1;
“exempt appointment” means an appointment described in regulation 5;
“hospice” means an institution which provides hospital accommodation wholly or mainly for persons resident there who are terminally ill;
“lay member” means a person who is not —
an employee of any Authority or any NHS Trust, or
except when he is also the Chairman of the Authority, a medical practitioner or dental practitioner;
“officer member” means a member of an Authority who is also its officer;
“professional member”, in relation to a proposed appointment, means —
in the case of an appointment to a medical specialty, a medical practitioner, or
in the case of an appointment to a dental specialty, a dental practitioner;
“relevant college” in relation to a proposed appointment, means whichever one of the following bodies:
the Royal College of Anaesthetists,
the Royal College of Ophthalmologists,
the Royal College of Physicians of London and its associated Faculties of Public Health Medicine and Occupational Medicine,
the Royal College of Surgeons of England and its associated Faculty of Dental Surgery and the Inter Collegiate Faculty of Accident and Emergency Medicine,
the Royal College of Obstetricians and Gynaecologists,
the Royal College of Pathologists,
the Royal College of Psychiatrists, or
the Royal College of Radiologists,
is, in the opinion of the Authority concerned, most substantially concerned with the specialty in which the appointment is to be made;
“relevant specialty”, in relation to a proposed appointment, means the branch of medicine or dentistry in which the appointment is to be made;
“relevant University” means for an appointment to a Health Authority, any University associated with the provision of health services to the Authority;
“Teaching Authority” means a Health Authority specified in Schedule 1 to the Health Authorities (Membership and Procedure) Regulations 1996 ; and
“University” means a University which has a medical or dental school.
2
In these Regulations, unless the context otherwise requires, any reference to a numbered regulation or Schedule is a reference to the regulation in, or Schedule to, these Regulations which bears that number, and any reference in a regulation or in a Schedule to a numbered paragraph is a reference to the paragraph bearing that number in that regulation or in that Schedule.
Regulated appointments
3
These Regulations apply to appointments to consultant posts on the staff of an Authority in England, except appointments which are exempt appointments.
Registration requirements
4
A person may not take up appointment to any consultant post on the staff of an Authority in England unless —
a
he is either a medical practitioner or a dental practitioner, and
b
in the case of an appointment of a registered medical practitioner made after 31st December 1996, his name is included in the Specialist Register kept by the General Medical Council in accordance with Article 8(1) of the European Specialist Medical Qualifications Order 1995 .
Exempt appointments
5
1
An appointment is an exempt appointment if the person appointed is —
a
to receive no remuneration from an Authority in respect of his tenure of the post, and is —
i
a member of the academic staff of a University,
ii
a consultant who is over the age of 65,
iii
a mental health officer, as defined in the National Health Service Pension Scheme Regulations 1995 , who is over the age of 60,
iv
a person who is wholly or mainly engaged in research which requires his appointment to the staff of an Authority, or
v
a medical practitioner who has been appointed to a post in a hospice which is equivalent to a consultant post in the health service.
b
an officer of a Teaching Authority and his appointment is to be made principally to enable him to give clinical instruction to students;
c
a person whose employment in a post is to be for an initial period not exceeding six months —
i
pending the appointment of a permanent post holder,
ii
where the permanent holder of that post is unable to carry out his duties by reason of illness or because of other absence, or
iii
where the Authority considers for some other reason that such an appointment is necessary,
and in each case in respect of whom any further period of employment in that post is to be for a period not exceeding 6 months and to be subject to prior consultation with the relevant college and to the satisfactory performance of the duties of the post during the initial period;
d
a person whose last employment by an Authority, an NHS trust, a Health Board in Scotland, a District Health Authority or Regional Health Authority was in a post as consultant, the termination of which employment was certified by the Secretary of State to be by reason of redundancy and who is appointed to a consultant post in England within one year of that termination of employment;
e
a person who is transferred from employment as a consultant —
i
by an Authority to another consultant post with that Authority, or
ii
by an NHS trust to a consultant post with an Authority where the employment of the officer would otherwise be terminated by reason of redundancy;
f
a person whose employment is transferred from one Authority to another Authority without any significant alteration in the duties of the post, as part of a local reorganisation of the health service;
g
a person who has been appointed to a post at a university or at the Public Health Laboratory Service Board, and whose appointment to the staff of an Authority will be to a post in which the duties are substantially the same as those performed for that university or that Board.
2
In this regulation —
a
“employment” includes part-time employment, whether or not the person is also employed by another Authority, and “employed” shall be construed accordingly;
b
“remuneration” does not include any distinction award or any amount paid by the employer towards the defrayment of expenses involved in the carrying out of the duties of the post.
Advertisement of proposed appointment
6
1
Subject to paragraphs (2) and (5) where an Authority proposes to make an appointment to which these Regulations apply, it shall arrange for advertisements to be published in not less than two publications circulating throughout the United Kingdom which are commonly used for similar advertisements relating to the profession concerned.
2
Where, in the opinion of the Authority, compliance with the foregoing provisions of this paragraph is not reasonably practicable, the Authority shall arrange for advertisements to appear in such other publications as it thinks appropriate.
3
The advertisement shall set out the general duties of the post and the closing date for the receipt of applications.
4
Where the advertisement is published in respect of a whole-time post, it shall include a statement to the effect that applicants for appointment to a part-time post will be considered.
5
The Secretary of State may if he thinks fit authorise an Authority to dispense with the requirements of paragraph (1) in relation to an appointment to any class of post.
Constitution of Committees
7
In relation to any appointment to which these Regulations apply, the Authority shall appoint a committee (to be called an Advisory Appointments Committee,) which shall be constituted in accordance with Schedule 1; and Schedule 2 shall have effect with respect to the proceedings of the Committee.
Selection by Committees
8
1
An appointing Authority shall —
a
in respect of an appointment to which regulation 6(5) applies, refer to the Committee, any application received by the Authority for that appointment;
b
in respect of all other appointments, refer to the Committee any application received by the Authority (i) on or before the closing date specified in accordance with regulation 6(3), and (ii) any application received after that date but before the Committee meets, if the Authority is satisfied that there is a reasonable explanation for its late receipt.
2
Subject to paragraph (3), the Committee may adopt any procedure which it considers to be appropriate, but shall —
a
consider all applications referred to it under paragraph (1);
b
select from the applicants any persons whom the Committee considers suitable for the appointment; and
c
submit to the Authority the names of any persons selected, together with such comments as it considers appropriate.
3
The Committee shall not submit the name of any person under paragraph (2) without having interviewed him.
4
Where the Authority proposes to make an appointment to a whole-time post but, in the opinion of the Committee, one or more of the applicants would be suitable for an appointment on a part-time basis it shall submit to the Authority the names of any such applicants and may add such comments as it considers appropriate.
5
Where, in the opinion of the Committee, none of the applicants is suitable for appointment the Committee shall so inform the Authority.
Appointment by Authority
9
1
An Authority shall not make an appointment to which these Regulations apply unless the name of the person to be appointed has been submitted to it by a Committee under regulation 8.
2
An Authority shall not make an appointment to which these Regulations apply of any person who has canvassed, in respect of his application for an appointment, any member of the Authority or the Committee.
3
Where an Authority —
a
decides not to make an appointment from persons named by a Committee; or
b
is informed pursuant to regulation 8(5) that none of the applicants is suitable,
the Committee shall be discharged, and these Regulations shall apply to any further proposal by the Authority to make an appointment to the relevant post as they applied to the original proposal.
Revocation of Regulations
10
The National Health Service (Appointment of Consultants Regulations 1982 , the National Health Service (Appointment of Consultants) Amendment Regulations 1984 and the National Health Service (Appointment of Consultants) Amendment Regulations 1990 are hereby revoked.
Transitional provisions
11
Where, before 1st April 1996 an Advisory Appointments Committee has been constituted under the National Health Service (Appointment of Consultants) Regulations 1982, in relation to an appointment to be made after that date, those Regulations shall have effect in relation to any selection made by that Committee and any appointment to be made by an Authority as if these Regulations had not come into force.
Signed by authority of the Secretary of State for Health
Gerald Malone
Minister of State,
Department of Health
11th March 1996


text:
Citation and commencement
1
These Regulations may be cited as the Community Bus (Amendment) Regulations 1996 and shall come into force on 1st January 1997.
Amendment of Community Bus Regulations 1986
2
1
The Community Bus Regulations 1986 shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 2 —
a
for “the Act”, in each place where that expression occurs, there shall be substituted “the 1985 Act”;
b
after the definition of “the Act”, there shall be inserted —
“the 1988 Act ” means the Road Traffic Act 1988 ;
.
3
For regulation 3 there shall be substituted —
3
1
The driver of a vehicle used under a permit, if he is not the holder of —
a
a passenger-carrying vehicle driver’s licence,
b
a PCV Community licence, or
c
a Northern Ireland licence corresponding to a passenger-carrying vehicle driver’s licence,
which authorises the driving of that vehicle must fulfil the conduct condition specified in paragraph (2) and, if he does not also fulfil the licence conditions specified in paragraph (3), must fulfil the alternative licence conditions specified in paragraph (4).
2
The conduct condition is that he shall, while he is for the time being responsible for driving the vehicle, comply with regulations 4 and 5(1) and sub-paragraph (a), in so far as it relates to giving particulars of his licence and name, and (b) of regulation 5(3) of the Public Service Vehicles (Conduct of Drivers, Inspectors, Conductors and Passengers) Regulations 1990 .
3
The licence conditions are that he —
a
is the holder of —
i
a valid full licence granted under Part III of the 1988 Act,
ii
a valid Northern Ireland licence corresponding to such a licence, or
iii
a valid Community licence,
authorising the driving of motor vehicles included in category B other than vehicles included in sub-category B1;
b
has held that licence for a period of not less than 2 years in aggregate, and
c
is 21 years of age or over.
4
The alternative licence conditions are that he —
a
was first granted a full licence under Part III of the 1988 Act before 1st January 1997,
b
is the holder of a valid full licence granted under that Part of that Act authorising the driving of motor vehicles included in Category B, other than vehicles included in sub-category B1, and sub-category D1 (not for hire or reward), and
c
is 21 years of age or over.
5
For the purposes of this regulation —
a
any expression which is also used in Parts III and IV of the 1988 Act has the same meaning as in those Parts of that Act;
b
expressions relating to vehicle categories shall be construed in accordance with regulation 4(2)(a) and (b) of the Motor Vehicles (Driving Licences) Regulations 1996 ;
c
a person holds a valid full licence granted under Part III of the 1988 Act authorising the driving of motor vehicles included in any category or sub-category if he is authorised to drive such vehicles by virtue of section 88(1) of that Act.
.
4
In regulation 6(2), for “the Act” there shall be substituted “the 1985 Act”.
Signed by authority of the Secretary of State for Transport
John Bowis
Parliamentary Under Secretary of State,
Department of Transport
9th December 1996


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Special Parking Area) (Royal Borough of Kingston upon Thames) (Amendment) Order 1996 and shall come into force on 20th May 1996.
Amendment of the Road Traffic (Special Parking Area) (Royal Borough of Kingston upon Thames) Order 1994
2
1
The Schedule to the Road Traffic (Special Parking Area) (Royal Borough of Kingston upon Thames) Order 1994 shall be amended as follows.
2
After paragraph 10 there shall be inserted the following paragraph —
10A
Highfield Road between its junction with Tolworth Rise North service road and a point 21m north west of the south eastern boundary of 153 Tolworth Rise North.
3
After paragraph 25 there shall be inserted the following paragraph —
25A
Tolworth Rise North service road between a point opposite the common boundary of 143 and 145 Tolworth Rise North and a point 5m north east of the common boundary of 157 and 159 Tolworth Rise North.
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
16th April 1996


text:
Citation and commencement
1
This Order may be cited as the Social Security (Reduced Rates of Class 1 Contributions and Rebates) (Money Purchase Contracted-out Schemes) Order 1996 and shall come into force on 6th April 1997.
Reduced rates of Class 1 contributions and rebates
2
For the purposes of section 42A of the Pension Schemes Act 1993 —
a
the appropriate flat-rate percentage in respect of earners for the tax years 1997 — 98 to 2001 — 02, in the case of a primary Class 1 contribution is 1.6 per cent and, in the case of a secondary Class 1 contribution is 1.5 per cent;
b
the appropriate age-related percentages in respect of earners in the tax years 1997 — 98 to 2001 — 02 are those specified in the Table in the Schedule to this Order by reference to their ages on the last day of the preceding tax year.
Signed by authority of the Secretary of State for Social Security.
Oliver Heald
Parliamentary Under-Secretary of State,
Department of Social Security
3rd April 1996


text:
1
This Order may be cited as the A4 Trunk Road (Hillingdon) (Prescribed Routes) Order 1996 and shall come into force on the 7th August 1996.
2
In this Order —
“the Excelsior slip road”means the slip road linking the south end of the Southbound carriageway of the M4 Heathrow Airport Spur, with the Eastbound main carriageway of the A4 Trunk Road.
3
Save as provided in article 5 below, no person shall cause or permit any vehicle to proceed in Excelsior slip road in any direction other than from west to east.
4
The Trunk Road (M4 Motorway, Heathrow Airport Spur Road) (Prohibition of Traffic) Order 1978 is hereby revoked.
5
Nothing in article 3 of this Order shall apply to anything done at the direction or with the permission of a constable in uniform or of a traffic warden.
Signed by authority of the Secretary of State for Transport
A R Mellors
Assistant Director Highways Agency London Network Management Division
29th July 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Special Hospitals Service Authority (Abolition) Order 1996 and shall come into force on 1st April 1996.
2
In this Order unless the context otherwise requires —
“the 1996 Order ” means the Authorities for Ashworth, Broadmoor and Rampton Hospitals (Establishment and Constitution) Order 1996 ;
“ the Act ” means the National Health Service Act 1977;
“the old Authority” means the Special Hospitals Service Authority established by the Special Hospitals Service Authority (Establishment and Constitution) Order 1989 ;
“the Broadmoor Hospital Authority” means the special health authority of that name established by the 1996 Order;
“the special hospitals” means the Ashworth, Broadmoor and Rampton special hospitals .
Revocation of Orders and abolition of old Authority
2
The Special Hospitals Service Authority (Establishment and Constitution) Order 1989 and the Special Hospitals Service Authority (Establishment and Constitution) Amendment Order 1990 are hereby revoked and the old Authority is abolished.
Enforceability of rights and liabilities
3
Any right which was enforceable by or against the old Authority shall be enforceable —
a
where that right related solely to one of the special hospitals, by or against the special health authority established by the 1996 Order to manage that special hospital;
b
where that right did not relate solely to one of the special hospitals, by or against the Broadmoor Hospital Authority.
Accounts of the old Authority
4
Any duty imposed on the old Authority by section 98 of the Act but not performed by the date on which this Order comes into force, shall be performed by the Broadmoor Hospital Authority in accordance with the provisions of that section and of any directions which may be given to it by the Secretary of State.
Signed by authority of the Secretary of State for Health
John Bowis
Parliamentary Under Secretary of State,
Department of Health
29th February 1996


text:
1
This Scheme may be cited as the M23 Motorway (Balcombe Road Interchange) Connecting Roads Scheme 1996 and shall come into force on 16th December 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 numbered SNPR96/7 marked “The M23 Motorway (Balcombe Road Interchange) Connecting Roads Scheme 1996”, signed by authority of the Secretary of State for Transport and deposited at the Department of Transport, Great Minster House, 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
A. D. Rowland
Director Southern Network Management Division Highways Agency
Department of Transport
12th November 1996


text:
Citation and commencement
1
This Order may be cited as the Royal National Throat, Nose and Ear Hospital National Health Service Trust Dissolution Order 1996 and shall come into force on 1st April 1996.
Dissolution of NHS trust
2
The Royal National Throat, Nose and Ear Hospital National Health Service Trust established by the Royal National Throat, Nose and Ear Hospital National Health Service Trust (Establishment) Order 1990 is hereby dissolved, and accordingly that Order is hereby revoked.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State,
Department of Health
19th March 1996


text:
Commencement and citation
1
This Order may be cited as the A23 Trunk Road (Croydon) Red Route (Prescribed Route No. 2) Experimental Traffic Order 1996, and shall come into force on 10th January 1997.
Interpretation
2
In this Order
Cause includes permit;
“Purley Way” means that length of the A23 Trunk Road in the London Borough of Croydon known as Purley Way;
“Stafford Road” means that length of the A232 in the London Borough of Croydon known as Stafford Road.
Prohibition
3
Subject to the provisions of article 4 below, no person shall cause a vehicle to turn right on entering Purley Way from Stafford Road.
Exemptions
4
Nothing in this Order shall apply —
a
to anything done with the permission or at the direction of a police constable in uniform or a traffic warden; or
b
to a vehicle being used for fire brigade, ambulance or police purposes.
Power to modify or suspend this Order
5
If it appears to the Traffic Director for London, or some person authorised by him, essential in the interests of the expeditious, convenient and safe movement of traffic, or of the provision of suitable and adequate parking facilities on-street, or for preserving or improving the amenities of the area through which any road affected by this order runs, and after consulting with the Commissioner of Police of the Metropolis, he may modify or suspend any provision of this Order, save that no modification shall make an addition.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
20th December 1996


text:
Citation, commencement and interpretation
1
These regulations may be cited as the Local Government Pension Scheme (Appropriate Pension Fund) Regulations 1996 and shall come into force for the purposes of regulation 2 on 1st April 1996 and for the purposes of regulation 3 on 1st April 1997.
Appropriate pension fund with effect from 1st April 1996
2
The Local Government Pension Scheme Regulations 1995 shall be amended by adding the following to the end of Part III of Schedule C1 —
Bath and North East Somerset District Council
North Somerset District Council
South Gloucestershire District Council
City of Bristol Council
East Riding of Yorkshire District Council
Kingston upon Hull City Council
North Lincolnshire District Council
North East Lincolnshire District Council
Middlesbrough Borough Council
Redcar and Cleveland Borough Council
Hartlepool Borough Council
Stockton-on-Tees Borough Council
North Yorkshire County Council York District Council
Appropriate pension fund with effect from 1st April 1997
3
The Local Government Pension Scheme Regulations 1995 shall be amended by adding the following to the end of Part III of Schedule C1 —
Bedfordshire County Council Luton Borough Council Buckinghamshire County Council Milton Keynes Borough Council Derbyshire County Council Derby City Council Dorset County Council
Bournemouth Borough Council
Poole Borough Council
Durham County Council Darlington Borough Council East Sussex County Council Brighton and Hove District Council Hampshire County Council
Portsmouth City Council
Southampton City Council
Staffordshire County Council Stoke-on-Trent City Council Wiltshire County Council Thamesdown Borough Council
Signed by the authority of the Secretary of State
Paul Beresford
Parliamentary Under Secretary of State,
Department of the Environment
31st January 1996


text:
PART I
GENERAL
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Jobseeker’s Allowance and Income Support (General) (Amendment) Regulations 1996 and shall come into force on 7th October 1996, immediately following the coming into force of the Jobseeker’s Allowance (Amendment) Regulations 1996 .
2
In these Regulations —
“ the Act ” means the Jobseekers Act 1995;
“the Jobseeker’s Allowance Regulations ” means the Jobseeker’s Allowance Regulations 1996 .
Definitions
2
1
Regulation 1(3) of the Jobseeker’s Allowance Regulations shall be amended in accordance with the following provisions of this regulation.
2
In the definition of “benefit week” —
a
after the words “regulation 23 (attendance)” there shall be inserted the words —
requiring him to provide a signed declaration as referred to in regulation 24(6) or, in the case of a claimant who is not normally required to attend in person, on the day which corresponds with the day of the week specified by the Secretary of State in accordance with regulation 24(10) for the provision of a signed declaration,
.
b
in head (a) at the end the word “and” shall be omitted and after head (a) there shall be inserted the following head —
aa
where the Secretary of State has set a day for payment of a jobseeker’s allowance in respect of a claim, but no notice has yet been given or sent to the claimant in accordance with regulation 23, the “benefit week” means a period of 7 days ending on the day which has been set;
.
3
In the definition of “week” for the words “Part III and regulation 87” there shall be substituted the words “Parts III, VI , VII , VIII , IX , X, XI , XII and XIII ”
4
In the definition of “training allowance” after the words “Employment and Training Act 1973(c)” there shall be inserted the words “or section 2 of the Enterprise and New Towns (Scotland) Act 1990 ,”
PART II
JOBSEEKING
Part-time students
3
In paragraph (1)(b) of regulation 11 of the Jobseeker’s Allowance Regulations (part-time students), for the words “l,(4)” there shall be. substituted the words “13(3) or (4)”.
Volunteers
4
In paragraph (a) of regulation 12 of the Jobseeker’s Allowance Regulations (volunteers), for the words “13(4)” there shall be substituted the words “13(3) or (4)”.
Circumstances in which a person is to be treated as available
5
1
Regulation 14 of the Jobseeker’s Allowance Regulations shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1)(i), for the words “for that period” there shall be substituted the words “for the period beginning on the date of claim and ending on the day before the beginning of the first week after the date of claim”.
3
Paragraph (1)(j) shall be amended to read as follows —
if the award is terminated other than on the last day of a week, for the period beginning with the beginning of the week in which the award is terminated and ending on the day on which the award is terminated;
.
4
In paragraph (3), for the words “l,(3)” there shall be substituted the words “l,(4)” and for the words “7(1) or 13(4)” there shall be substituted the words “7(1), 13(4) or 17(2)”.
Laid off and short-time workers
6
Paragraph (2) of regulation 17 of the Jobseeker’s Allowance Regulations shall be amended by inserting at the beginning “(a)” and at the end —
unless paragraph (b) or (c) applies
The total number of hours for which a person kept on short-time works and is available for casual employment may be less than 40 in any week if that person has imposed restrictions on his availability which are reasonable in the light of his physical or mental condition;
The total number of hours for which a person kept on short-time works and is available for casual employment may be less than 40 in any week if he has caring responsibilities providing the total number of hours for which he works and is available for casual employment is as many as his caring responsibilities allow and for the specific hours those responsibilities allow and is at least 16 in any week;
.
Circumstances in which a person is to be treated as actively seeking employment
7
1
Regulation 19 of the Jobseeker’s Allowance Regulations shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1)(i), for the words “for that period” there shall be substituted the words “for the period beginning on the date of claim and ending on the day before the beginning of the first week after the date of claim”.
3
Paragraph (1)(j) shall be amended to read as follows —
if the award is terminated other than on the last day of a week, for the period beginning with the beginning of the week in which the award is terminated and ending on the day on which the award is terminated;
Provision of information and evidence
8
1
Regulation 24(6) of the Jobseeker’s Allowance Regulations is amended as follows.
2
For sub-paragraph (a) substitute —
a
since making a claim for a jobseeker’s allowance or since he last provided a declaration in accordance with this paragraph he has either been available for employment or satisfied the circumstances to be treated as available for employment, save as he has otherwise notified the Secretary of State,
.
3
In paragraph (c) omit “payability or”.
Time at which entitlement is to cease
9
In regulation 26(a) of the Jobseeker’s Allowance Regulations, for “establishes his entitlement” substitute “shows that he continues to be entitled”.
Jobseeker’s agreement to remain in effect
10
In regulation 36 of the Jobseeker’s Allowance Regulations, for paragraph (b) substitute —
b
in respect of any part of a period of suspension, where —
i
the Secretary of State has directed under regulation 37(1A) of the Claims and Payments Regulations that payment under an award be suspended for a definite or indefinite period on the ground that a question arises whether the conditions for entitlement to that allowance are or were fulfilled or the award ought to be revised,
ii
subsequently that suspension expires or is cancelled in respect of a part only of the period for which it has been in force, and
iii
it is then determined that the award should be revised to the effect that there was no entitlement to the allowance in respect of all or any part of the period between the start of the period over which the award has been suspended and the date when the suspension expires or is cancelled; or
Interpretation of Part IV
11
1
Regulation 57 of the Jobseeker’s Allowance Regulations shall be amended in accordance with the following provisions of this regulation.
2
a
In sub-paragraph (aa) of paragraph (2)(c)(ii) there shall be inserted at the beginning the words “in England and Wales” and the word “or” shall be deleted.
b
In sub-paragraph (bb) of paragraph (2)(c)(ii), for the words “the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “the Prisons (Scotland) Act 1989” and for footnote (b) there shall be substituted “ 1989 c. 45 .” and at the end the word “or” shall be inserted.
c
After sub-paragraph (bb) of paragraph (2)(c)(ii) there shall be inserted the following —
cc
in Scotland, in the care of a local authority under a relevant enactment and whilst in that care was not living with his parents or any close relative.
.
3
Paragraph (3) shall be amended to read as follows —
a
in England and Wales, any reference in this regulation to a person acting in place (b) of a person’s parents includes a reference to —
i
where the person is being looked after by a local authority or voluntary organisation which places him with a family, a relative of his, or some other suitable person, the person with whom the person is placed, whether or not any payment is made to him in connection with the placement; or
ii
in any other case, any person with parental responsibility for the child, and for this purpose “parental responsibility” has the meaning it has in the Children Act 1989 by virtue of section 3 of that Act; and
b
in Scotland, any reference in this regulation to a person acting in place of a person’s parents includes a reference to a local authority or voluntary organisation where the person is in its care under a relevant enactment, or to a person with whom the person is boarded out by a local authority or voluntary organisation whether or not any payment is made by it.
.
Attendance, information and evidence for young persons
12
After regulation 65 of the Jobseeker’s Allowance Regulations there shall be inserted the following regulation:
Attendance, information and evidence
65A
A young person who does not fall within regulation 61(1)(a) or (f) shall, if the Secretary of State requires him to do so, provide, in addition to the declaration specified in regulation 24(6), a declaration to the effect that since making a claim for a jobseeker’s allowance or since he last provided a declaration in accordance with this regulation he has been actively seeking suitable training to the extent necessary to give him his best prospects of securing suitable training save as he has otherwise notified the Secretary of State.
.
Sanctions for young persons
13
In sub-paragraph (b) of paragraph (1) of regulation 67, the word “not” shall be deleted on each occasion on which it occurs.
PART III
MISCELLANEOUS
Jobseeking period
14
1
Regulation 47 of the Jobseeker’s Allowance Regulations Jobseeking period) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (4), after sub-paragraph (a) at the end there shall be added the words “and either”.
3
In paragraph (4) for sub-paragraphs (b) and (c) there shall be substituted the following sub-paragraphs —
b
i
on which the claimant satisfies the conditions specified in section 2 (the contribution-based conditions) other than the conditions specified in subsection (1)(c) and (d) of that section; and
ii
on which a contribution-based jobseeker’s allowance is not payable to the claimant by virtue of section 19; or (c) which falls within a period which is treated as a period in which the claimant satisfies the conditions specified in paragraphs (a) to (c) of subsection (2) of section 1, in accordance with paragraph (2).
.
Linking periods
15
In regulation 48 of the Jobseeker’s Allowance Regulations (linking periods) for sub-paragraph (1)(d) there shall be substituted the following sub-paragraph —
d
a period in respect of which the claimant is summoned for jury service and is required to attend court.
.
Persons approaching retirement
16
1
Regulation 49 of the Jobseeker’s Allowance Regulations shall be amended in accordance with the following provisions of this regulation.
2
For paragraph (2) there shall be substituted the following paragraph —
2
For the purposes of paragraph (1) of regulation 47 (jobseeking period) but subject to paragraphs (3) and (4), any days to which paragraph (1) applies and in respect of which the person does not satisfy or is not treated in accordance with regulation 14, 16, 17, 19, 20, 21 or 34 as satisfying the conditions specified in paragraphs (a) to (c) of subsection (2) of section 1 (conditions of entitlement to a jobseeker’s allowance), shall be days on which the person is treated as satisfying the condition in paragraphs (a) to (c) and (e) to (i) of subsection (2) of section (1).
.
3
In paragraph (3), sub-paragraph (a) shall be omitted.
Short periods of sickness
17
1
Regulation 55 of the Jobseeker’s Allowance Regulations (short periods of sickness) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1)(a) for the words from “satisfies” to “section 1(2)(a) or (c)” there shall be substituted the words “has been awarded a jobseeker’s allowance”.
3
In paragraph (1)(c) for the word “satisfies” there shall be substituted the words “would satisfy”.
Circumstances in which a person is to be treated as being or not being a member of the household
18
In regulation 78 of the Jobseeker’s Allowance Regulations (circumstances in which a person is to be treated as being or not being a member of the household), for sub-paragraph (b) of paragraph (3) there shall be substituted the following sub-paragraph —
b
one, both or all of them are —
i
detained in custody pending trial or sentence upon conviction or under a sentence imposed by a court; or
ii
on temporary release in accordance with the provisions of the Prison Act 1952 or rules made under section 39(6) of the Prisons (Scotland) Act 1989 ;
.
Payments by way of pensions
19
1
Regulation 81 of the Jobseeker’s Allowance Regulations (payments by way of pensions) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1) for the word “week” there shall be substituted the words “benefit week”.
3
After paragraph (1) the following paragraphs shall be inserted —
1A
Where pension payments first begin to be made to a person for a period starting other than on the first day of a benefit week, the deduction referred to in paragraph (1) shall have effect from the beginning of that benefit week.
1B
Where pension payments are already in payment to a person and a change in the rate or payment takes effect in a week other than at the beginning of the benefit week, the deduction referred to in paragraph (1) shall have effect from the first day of that benefit week.
.
4
In paragraph (2), sub-paragraphs (a) and (b) shall be omitted.
Permitted periods
20
In regulation 87 of the Jobseeker’s Allowance Regulations (transitional supplement to income-based jobseeker’s allowance) in paragraph 7 —
a
for the words “For the purposes” to “shall have effect — ” there shall be substituted the words —
For the purposes of applying paragraph (1), regulation 2A of the Income Support (Transitional) Regulations, and for the purposes of paragraph (6), regulation 3A of the Income Support Regulations shall have effect in accordance with the following sub-paragraphs —
;
b
in paragraph (2A)(a) as inserted by paragraph (7)(b) for the words “was not payable” there shall be substituted the words “is not payable”.
Minimum amount of a jobseeker’s allowance
21
In Part VII of the Jobseeker’s Allowance Regulations after regulation 87 there shall be inserted the following regulation —
87A
Where the amount of a jobseeker’s allowance is less than 10 pence a week that allowance shall not be payable.
.
Earnings of employed earners
22
1
In regulation 98 of the Jobseeker’s Allowance Regulations (earnings of employed earners), in paragraph (1) for sub-paragraph (f) there shall be substituted the following sub-paragraphs —
f
any payment or award of compensation made under section 68(2), 69,71(2)(a), 77 or 79 of the Employment Protection (Consolidation) Act 1978 (remedies for unfair dismissal and compensation);
ff
any payment or remuneration made under section 12, 19 or 47 of the Employment Protection (Consolidation) Act 1978 (guaranteed payments, remuneration whilst suspended from work on medical or maternity grounds);
.
2
In paragraph (3)(c) after “(f)” there shall be inserted “,(ff),”.
Calculation of income other than earnings
23
In regulation 103 of the Jobseeker’s Allowance Regulations (calculation of income other than earnings) in paragraph (6) after “98(2)” there shall be inserted “(a) to (e)”.
Calculation of grant income
24
In regulation 131 of the Jobseeker’s Allowance Regulations (calculation of grant income) in paragraph (2)(f) for the words “£278” there shall be substituted the words “£280”.
Meaning of “person in hardship”
25
In regulation 140 of the Jobseeker’s Allowance Regulations in paragraph (3) after the words “income support or” there shall be inserted the words “a claimant or a partner of a claimant”.
Circumstances in which an income-based jobseeker’s allowance is payable to a person in hardship
26
1
Regulation 141 of the Jobseeker’s Allowance Regulations (circumstances in which an income-based jobseeker’s allowance is payable to a person in hardship) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (2) for the words “shall be treated as entitled to an income-based jobseeker’s allowance for the period beginning with the date of claim or,”, there shall be substituted the words “, other than a person to whom regulation 46(1) (waiting days) applies, shall be treated as entitled to an income-based jobseeker’s allowance for the period beginning with the 4th day of the jobseeking period or,”.
3
In paragraph (3) the words “of claim” shall be omitted and after the word “paragraph” where it occurs for the second time the words “which is applicable in his case” shall be inserted.
Further circumstances in which an income-based jobseeker’s allowance is payable to a person in hardship
27
In regulation 142 of the Jobseeker’s Allowance Regulations (further circumstances in which an income-based jobseeker’s allowance is payable to a person in hardship) for sub-paragraphs (a) and (b) of paragraph (2) there shall be substituted the following sub-paragraphs —
a
in a case where regulation 46(1) applies, the 15th day of the jobseeking period; or
b
in a case where paragraph 4 of Schedule 1 to the Act applies, the 18th day of the jobseeking period; or
.
Applicable amount in hardship cases
28
In regulation 145 of the Jobseeker’s Allowance Regulations (applicable amount in hardship cases) in paragraph (1)(c) for the words “does not apply” there shall be substituted the word “applies”.
Housing costs
29
1
Schedule 2 to the Jobseeker’s Allowance Regulations (housing costs) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph 4(6) —
a
in head (a) after the words “paragraph 14” there shall be inserted the words “during the relevant period”;
b
for head (b) there shall be substituted the following sub-paragraph —
b
to finance the purchase of a property where an earlier loan, which qualified under paragraphs 14 and 15 during the relevant period in respect of another property, is paid off (in whole or in part) with monies received from the sale of that property;
3
In paragraph 11, in sub-paragraph (1) for head (a) there shall be substituted the following head —
a
except where sub-paragraph (2) applies shall be the rate specified in paragraph 12(1)(a) of Schedule 3 to the Income Support Regulations ; or
.
4
In paragraph 13 —
a
in head (a)(ii) of sub-paragraph (1) the words “he was or was treated as being in receipt thereof or to which (i) above applies” shall be omitted and after the word “which” where it occurs for the third time there shall be inserted —
aa
he was, or was treated as being, in receipt of a jobseeker’s allowance,
bb
he was treated as entitled to a jobseeker’s allowance for the purposes of sub-paragraphs (5), (6) and (7), or
cc
i
above applies;
.
5
In paragraph 17, in sub-paragraph (7) for head (b) there shall be substituted the following head —
b
if he is in receipt of an allowance payable in respect of training he is undertaking, and for this purpose “training” has the meaning it has in regulation 1 l(3); or
.
6
In paragraph 18(1)(c), after the words “linking rule”, the words “or for determining whether any qualifying or other period is satisfied” shall be inserted.
Applicable amounts in special cases
30
In Schedule 5 to the Jobseeker’s Allowance Regulations (applicable amounts in special cases), in column (1) in sub-paragraph (b) of paragraph 17 for heads (i) and (ii) there shall be substituted the following heads —
i
the claimant is not a patient and the other member of the couple or one or more members of the marriage has been a patient for a period of more than 6 weeks; or
ii
the claimant is a patient but has not been a patient for more than 2 weeks and the other member of the couple or one or more members of the marriage has been a patient for more than 6 weeks;
.
Sums to be disregarded in the calculation of earnings
31
1
Schedule 6 to the Jobseeker’s Allowance Regulations (sums to be disregarded in the calculation of earnings) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph l(a)(ii) after “(f)” there shall be inserted “, (ff)”.
3
In paragraph 2 after “(f)” there shall be inserted “,(ff)”.
Occupational pensions
32
In Schedule 7 to the Jobseeker’s Allowance Regulations (sums to be disregarded in the calculation of income other than earnings) after paragraph 16 the following paragraph shall be inserted —
16A
1
Subject to sub-paragraphs (2) and (3), where a claimant —
a
is a person to whom Schedule 4 (applicable amounts of persons in residential care and nursing homes) or paragraph 16 or 17 of Schedule 5 (applicable amounts in special cases) applies;
b
is not residing with his spouse; and
c
has at least 50 per cent. of any occupational pension of his being paid to, or in respect of, his spouse for that spouse’s maintenance, an amount equal to 50 per cent. of the pension or pensions concerned.
2
Where a claimant is entitled to more than one occupational pension, those pensions shall be aggregated for the purposes of sub-paragraph (1).
3
This paragraph shall not have effect in respect of that part of any occupational pension to which a spouse is legally entitled whether under a court order or not.
.
PART IV
INCOME SUPPORT
Amendment of the Income Support (General) Regulations 1987
33
1
Paragraph 4 of Schedule 1B to the Income Support (General) Regulations (prescribed categories of person entitled to income support) shall be amended in accordance with the following provisions of this regulation.
2
In head (a)(i) the words “under section 64 of the Contributions and Benefits Act” shall be omitted.
3
In head (a)(ii) the words “under that section” shall be omitted.
4
After head (a)(ii) there shall be inserted the following new head —
iia
the person being cared for has claimed attendance allowance in accordance with section 65(6)(a) of the Contributions and Benefits Act (claims in advance of entitlement), an award has been made in respect of that claim under section 65(6)(b) of that Act and, where the period for which the award is payable has begun, that person is in receipt of the allowance;
.
5
After head (a)(iii) there shall be inserted the following head —
iiia
the person being cared for has claimed entitlement to the care component of a disability living allowance in accordance with, regulation 13A of the Social Security (Claims and Payments) Regulations 1987 (advance claims and awards), an award at the highest or middle rate has been made in respect of that claim and, where the period for which the award is payable has begun, that person is in receipt of the allowance;
.
Signed in connection with Part II of the Regulations by authority of the Secretary of State for Education and Employment
Eric Forth
Minister of State,
Department for Education and Employment
11th June 1996
Signed in connection with the remainder of the Regulations by authority of the Secretary of State for Social Security
Roger Evans
Parliamentary Under-Secretary of State,
Department of Social Security
11th June 1996


text:
Title, commencement, extent and interpretation
1
1
These Regulations may be cited as the Plant Health (Fees) (Forestry) (Great Britain) Regulations 1996 and shall come into force on 1st October 1996.
2
These Regulations extend to Great Britain.
3
In these Regulations —
“authority” means an authority to issue plant passports under article 17 of the Plant Health (Forestry) (Great Britain) Order 1993 ;
“licence” means a licence under article 28 or 28A of the Plant Health (Forestry) (Great Britain) Order 1993.
Fees
2
There shall be paid to the Forestry Commissioners —
a
in respect of each service of the type described in column 1 of Schedule 1 to these Regulations the fee prescribed in column 2 of that Schedule in relation to that service;
b
in respect of each service of a type described in column 2 of Schedule 2 to these Regulations the fee prescribed in column 3 of that Schedule in relation to that service.
Revocations
3
The Import and Export (Plant Health Fees) (Forestry) (Great Britain) Order 1990 and the Import and Export (Plant Health Fees) (Forestry) (Great Britain) (Amendment) Order 1991 are hereby revoked.
In witness whereof the Official Seal of the Forestry Commissioners is hereunto affixed on 4th September 1996.
T J D Rollinson
Secretary to the Forestry Commissioners


text:
Citation and commencement
1
This Order may be cited as the Educational Endowments (Fife Region) Transfer Scheme Order 1996 and shall come into force on 1st April 1996.
Making of Scheme
2
The Scheme set out in the Schedule to this Order shall have effect.
Raymond S Robertson
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
7th February 1996


text:
1
These Regulations may be cited as the Child Support Commissioners (Procedure) (Amendment) Regulations 1996 and shall come into force on 1st March 1996.
2
After regulation 23 of the Child Support Commissioners (Procedure) Regulations 1992 , there shall be inserted the following regulation —
Delegation of functions to nominated officers
23A
1
All or any of the following functions of a Commissioner may be exercised by a nominated officer, that is to say:
a
giving directions under regulation 7(1) and (2) (directions on notice of appeal);
b
granting leave under regulation 9 to the Secretary of State to intervene in an appeal;
c
making any direction under regulation 10(1), (2) and (3) (other directions);
d
making orders for oral hearings under regulation 11(2) and (3);
e
summoning witnesses under regulation 14(1) and (2) and setting aside under regulation 14(3) a witness summons made by a nominated officer;
f
ordering the postponement of oral hearings under regulation 15(1);
g
giving leave for the withdrawal of any appeal under regulation 16(2);
h
making any order for the extension or abridgement of time, or for expediting the proceedings, under regulation 23(2)(a), (b) and (c).
2
Any party may, within 10 days of being given the decision of the nominated officer, in writing request a Commissioner to consider, and confirm or replace with his own, that decision, but such a request shall not stop the proceedings unless so ordered by the Commissioner.
3
In this regulation, “nominated officer” means an officer authorised by the Lord Chancellor (or, in Scotland, by the Secretary of State) in accordance with paragraph 4A of Schedule 4 to the Act.
.
3
The Child Support Commissioners (Procedure) (Amendment) Regulations 1995 are hereby revoked.
Mackay of Clashfern, C.
7th February 1996


text:
Citation and commencement
1
This Order may be cited as the East Yorkshire Community Healthcare National Health Service Trust (Establishment) Amendment Order 1996, and shall come into force on 7th April 1996.
Amendment of Establishment Order
2
For Article 3 of the East Yorkshire Community Healthcare National Health Service Trust (Establishment) Order 1993 there shall be substituted the following Article: —
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions shall be —
a
to own and manage under section 5(1)(a) of the Act hospital accommodation and services provided at the Westwood Hospital, Beverley HU17 8BU, and associated hospitals;
b
to provide and manage under section 5(1)(b) of the Act hospital accommodation and services at Castle Hill Hospital, Castle Road, Cottingham HU16 5JQ; and
c
to manage under section 5(1)(a) of the Act community health services provided from the Westwood Hospital, Beverley HU17 8BU, and to own the associated premises.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State
Department of Health
28th March 1996