text:
PART I
GENERAL
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Pharmaceutical Services) Amendment Regulations 1996 and shall come into force on 1st April 1996.
2
In these Regulations, “the 1992 Regulations ” means the National Health Service (Pharmaceutical Services) Regulations 1992 .
PART II
SUSPENSION BY THE NHS TRIBUNAL
Amendment of regulation 2 of the 1992 Regulations
2
In regulation 2 of the 1992 Regulations (interpretation), in paragraph (1), after the definition of “Scheduled drug” insert —
“suspended by direction of the Tribunal” means suspended as respects the provision of pharmaceutical services by a direction of the Tribunal made pursuant to section 49A(2) or section 49B(1) of the Act or to any provisions in force in Scotland or Northern Ireland corresponding to those provisions
.
Amendment of regulation 17 of the 1992 Regulations
3
In regulation 17 of the 1992 Regulations (removal from pharmaceutical lists), after paragraph (3) insert —
3A
A period during which the chemist was suspended by direction of the Tribunal does not count towards the period of six months referred to in paragraph (3)
.
Payments to suspended chemists
4
After regulation 18 of the 1992 Regulations insert —
Payments to suspended chemists
18A
1
The Health Authority shall make payments to any chemist who is suspended by direction of the Tribunal in accordance with the Secretary of State’s determination in relation to such payments.
2
The Secretary of State shall make the determination in accordance with paragraph (3) after consultation with such organisations as he may recognise as representing chemists with whom arrangements for the provision of pharmaceutical services exist, and it shall be published with the Drug Tariff.
3
The determination may be amended from time to time by the Secretary of State after consultation with the organisations referred to in paragraph (2), and any amendments shall also be published with the Drug Tariff.
4
Subject to paragraphs (5) and (6), the Secretary of State’s determination shall be such as to secure that, as far as reasonably practicable, and after making adjustments for any reduction in expenses, the suspended chemist receives payments at a rate corresponding to his remuneration under the Drug Tariff (but excluding any payments made by virtue of regulation 18(1)(f) and (i)) during the 12 months ending with the direction for suspension by the Tribunal.
5
The Secretary of State’s determination may include provision that payments in accordance with the determination are not to exceed a specified amount in any specified period.
6
In a case to which section 49B(3) of the Act applies, the determination shall provide for the payments to be reduced to take account of any payments which the suspended chemist receives for providing pharmaceutical services other than as a principal
.
Prevention of employment of disqualified or suspended pharmacists
5
1
Paragraph 5 of Schedule 2 to the 1992 Regulations (which says that drugs must be provided either by or under the direct supervision of a pharmacist) is amended as follows.
2
In sub-paragraph (1), omit the words from “who” to the end.
3
After sub-paragraph (1) insert —
1A
Where the pharmacist referred to in sub-paragraph (1) is employed by a chemist, the pharmacist must not be one —
a
who, having been disqualified under section 46(2)(b) of the Act (or under any corresponding provision in force in Scotland or Northern Ireland) from inclusion in the pharmaceutical list of a Health Authority (or, in Scotland, of a Health Board or, in Northern Ireland, of a Health and Social Services Board), is also the subject of a declaration under section 46(2)(c) of the Act (or any corresponding provision in force in Scotland or Northern Ireland) that he is not fit to be engaged in any capacity in the provision of pharmaceutical services; or
b
who is suspended by direction of the Tribunal, other than in a case falling within section 49B(3) of the Act.
.
PART III
COMPLAINTS
Complaints against chemists
6
In Schedule 2 to the 1992 Regulations (terms of service), after paragraph 10 insert —
Complaints
10A
1
Subject to sub-paragraph (2), a chemist shall establish, and operate in accordance with this paragraph, a procedure (in this paragraph and in paragraph 10B referred to as a “complaints procedure”) to deal with any complaints made by or on behalf of any person to whom he has provided pharmaceutical services.
Rider A
2
The complaints procedure to be established by a chemist may be such that it also deals with complaints made in relation to one or more other chemists.
3
The complaints procedure to be established by a chemist who provides pharmaceutical services from more than one set of premises may be such that it relates to all those premises together.
4
A complaints procedure shall apply to complaints made in relation to any matter reasonably connected with the chemist’s provision of pharmaceutical services and within the responsibility or control of —
a
the chemist;
b
where the chemist is a body corporate, any of its directors or former directors;
c
a former partner of the chemist;
d
any pharmacist employed by the chemist;
e
any employee of the chemist other than one falling within sub-paragraph (d),
and in this paragraph and paragraph 10B, references to complaints are to complaints falling within this sub-paragraph.
5
A complaint may be made on behalf of any person with his consent, or —
a
where he is under 16 years of age —
i
by either parent, or in the absence of both parents, the guardian or other adult person who has care of the child, or
ii
where he is in the care of an authority to whose care he has been committed under the provisions of the Children Act 1989 or in the care of a voluntary organisation, by that authority or voluntary organisation; or
b
where he is incapable of making a complaint, by a relative or other adult person who has an interest in his welfare.
6
A complaint may be made as respects a person who has died by a relative or other adult person who had an interest in his welfare, or where he was as described in paragraph (a)(ii) of sub-paragraph (5), by the authority or voluntary organisation.
7
A complaints procedure shall comply with the following requirements —
a
the chemist must specify a person (who need not be connected with the chemist and who, in the case of an individual, may be specified by his job title) to be responsible for receiving and investigating all complaints.
b
all complaints must be —
i
recorded in writing.
ii
acknowledged, either orally or in writing, within the period of three days (excluding Saturdays, Sundays, Christmas Day, Good Friday and bank holidays) beginning with the day on which the complaint was received by the person specified under paragraph (a), or where that is not possible as soon as reasonably practicable, and
iii
properly investigated;
c
within the period of 10 days (excluding Saturdays, Sundays, Christmas Day, Good Friday and bank holidays) beginning with the day on which the complaint was received by the person specified under paragraph (a) or, where that is not possible as soon as reasonably practicable, the complainant must be given a written summary of the investigation and its conclusions;
d
where the investigation of the complaint requires consideration of any records relating to the person as respects whom the complaint is made, the person specified under paragraph (a) must inform him or the person acting on his behalf if the investigation will involve disclosure of information contained in those records to a person other than the chemist or a director, partner or employee of the chemist; and
e
the chemist must keep a record of all complaints and copies of all correspondence relating to complaints, but such records must be kept separate from any records relating to the person by whom the complaint was made.
8
At each of the premises at which the chemist provides pharmaceutical services he must provide information about the complaints procedure and give the name (or title) and address of the person specified under paragraph (7)(a); and where he provides supplemental services he must provide the same information to the person referred to in regulation 16(2)(a).
10B
1
A chemist must cooperate with any investigation of a complaint by the Health Authority in accordance with the procedures which it operates in accordance with directions given under section 17 of the Act , whether the investigation follows one under the chemist’s complaints procedure or not.
2
The cooperation required by sub-paragraph (1) includes —
a
answering questions reasonably put to the chemist by the Health Authority;
b
providing any information relating to the complaint reasonably required by the Health Authority; and
c
attending any meeting to consider the complaint (if held at a reasonably accessible place and at a reasonable hour, and due notice has been given), if the chemist’s presence at the meeting is reasonably required by the Health Authority.
.
Complaints against dispensing doctors
7
In Schedule 2 to the 1992 Regulations (terms of service), after paragraph 13 insert —
14
1
A doctor who is authorised or required by a Health Authority under regulation 20 to provide drugs or appliances to a patient, or who otherwise provides pharmaceutical services, shall secure that the practice based complaints procedure he has established and operates in accordance with paragraph 47A of the doctors' terms of service applies in relation to any matter reasonably connected with his provision of pharmaceutical services as it applies as respects his provision of general medical services.
2
Accordingly, paragraph 47B of those terms of service also applies in relation to complaints about such matters
.
PART IV
MISCELLANEOUS
Nurse prescribing
8
In regulation 2(1A) of the 1992 Regulations (which describes nurse prescribers who may issue prescription forms), in each of sub-paragraphs (a)(iii) and (b)(ii), for the words from “a fund-holding practice” to “effect” substitute “a medical practitioner whose name is included in a medical list”.
Supplemental services and additional professional services
9
1
In regulation 16 of the 1992 Regulations (supplemental services), omit paragraphs (2)(b) and (3)(b), and the word “and” and immediately preceding the latter.
2
In regulation 16A of the 1992 Regulations (additional professional services) , after sub-paragraph (b) of paragraph (2) insert —
c
keeping records in connection with drugs supplied to any person —
i
who claims exemption under regulation 6(1)(c) of the National Health Service (Charges for Drugs and Appliances) Regulations 1989 (which provides that those aged 60 or over are exempt from prescription charges), or
ii
who, in the opinion of the pharmacist providing the drug, is likely to have difficulty understanding the nature and dosage of the drug provided and the times at which it is to be taken,
in circumstances where the nature of the drug is such that, in the opinion of the pharmacist providing it, the same or a similar drug is likely to be prescribed for that person regularly on future occasions.
3
In paragraph (2)(c) above, “records” includes a record of —
a
the name and address of the person to whom the drug is supplied;
b
the name, quantity and dosage of the drug provided; and
c
the date on which it is provided.
.
3
In Schedule 2 (terms of service), in paragraph 8 (remuneration of chemists) —
a
omit sub-paragraph (1); and
Rider B
in sub-paragraph (1A)(c), after “on request”, insert —
a
make available to the Health Authority all records kept in accordance with regulation 16A(2)(c); and
b
.
Changes to discipline arrangements for pharmacists
10
1
The 1992 Regulations are amended as follows.
2
In regulation 2 (interpretation), in paragraph (1) —
a
for the definition of “joint services committee” substitute —
“joint discipline committee” shall have the same meaning as in the National Health Service (Service Committees and Tribunal) Regulations 1992 ;
b
after the definition of “patient” insert —
“pharmaceutical discipline committee” shall have the same meaning as in the National Health Service (Service Committees and Tribunal) Regulations 1992 ;
and
c
omit the definition of “pharmaceutical services committee”.
3
In regulation 24 (claims and overpayments), in paragraph (2)(b), for “regulation 7(1)” substitute “regulation 5(1)”; and for “regulation 10(1)(c)” substitute “regulation 9(1)(c)”.
4
In Schedule 2 (terms of service), in paragraph 2 (incorporation of provisions), in sub-paragraph (c)(i), for “the pharmaceutical service committee and the joint services committee” substitute “the pharmaceutical discipline committee and the joint discipline committee”.
Other amendments to Terms of Service
11
1
Schedule 2 to the 1992 Regulations (terms of service for chemists) is amended as follows.
2
In paragraph 3 (provision of pharmaceutical services), after sub-paragraph (1) insert —
1A
If the person presenting the prescription form asks the chemist to do so —
a
he shall give an estimate of the time when the drugs, medicines or appliances will be ready; and
b
if they are not ready by then, he shall give a revised estimate of the time when they will be ready (and so on).
3
In paragraph 4 (premises and hours), in sub-paragraph (3) , after “Christmas Day” insert “ , 28th December if 26th December is a Saturday,”.
4
After paragraph 8 insert —
Professional Standards
8A
1
A pharmacist whose name is on the pharmaceutical list shall provide pharmaceutical services and exercise any professional judgment in connection with the provision of such services in conformity with the standards generally accepted in the pharmaceutical profession.
2
A chemist who employs a pharmacist in connection with the provision of pharmaceutical services shall secure that the pharmacist complies with the requirements set out in sub-paragraph (1).
.
Signed by authority of the Secretary of State for Health
Gerald Malone
Minister of State (Department of Health)
11th March 1996


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Environmentally Sensitive Areas (Shetland Islands) Designation (Amendment) Order 1996 and shall come into force on 15th August 1996.
2
In this Order–
“the principal Order ” means the Environmentally Sensitive Areas (Shetland Islands) Designation Order 1993 .
Amendment of the principal Order
2
In article 2(1) of the principal Order (interpretation) for the definition of “wetlands” there shall be substituted the following:–
“wetlands” means ground which does not constitute rough grazings and is saturated with water for a significant proportion of the year.
.
3
For article 6(2) of the principal Order (rates of payment under agreement with any crofter or farmer) there shall be substituted–
2
Payments to a crofter or farmer shall be at the rate of not less than–
a
£150 per annum for the year of any such agreement which commenced but which had not ended before 15th August 1996; and
b
£250 per annum for any year of such agreement commencing on or after that date.
.
4
For article 7(2) of the principal Order (rates of payment under agreement with a common grazings committee) there shall be substituted–
2
Payments to a common grazings committee shall be at the rate of not less than–
a
£150 per annum for the year of any such agreement which commenced but which had not ended before 15th August 1996; and
b
£250 per annum for any year of such agreement commencing on or after that date.
.
5
In article 8 of the principal Order (payments to a crofter or farmer for additional agricultural operations) for the words “Such payments” to the end there shall be substituted–
Such payments shall be at a rate to be determined by the Secretary of State–
in the case of an agreement entered into on or after 15th August 1996, up to a maximum of £20,000 for each 5 year conservation plan; and
in the case of an agreement entered into before that date–
for the year of the 5 year conservation plan included in such agreement which commenced but which had not ended before that date, up to a maximum rate of £3,000 per annum per crofter, or farmer for that year; and
for the whole years or remaining whole years of such 5 year conservation plan, up to a maximum rate calculated by multiplying £4,000 by the number of those whole years or remaining whole years.
.
6
In article 9 of the principal Order (payments to a common grazings committee for additional agricultural operations) for the words “Such payments” to the end there shall be substituted–
Such payments shall be at a rate to be determined by the Secretary of State–
in the case of an agreement entered into on or after 15th August 1996, up to a maximum rate of £60,000 for each 5 year conservation plan; and
in the case of an agreement entered into before that date–
for the year of the 5 year conservation plan included in such agreement which commenced but which had not ended before that date, up to a maximum rate of £12,000 per annum per common grazings committee for that year; and
for the whole years or remaining whole years of such 5 year conservation plan, up to a maximum rate calculated by multiplying £12,000 by the number of those whole years or remaining whole years.
.
7
In the Schedule to the principal Order in paragraph 12 of Part I (requirements to be included in an agreement with a crofter or farmer) and in paragraph 12 of Part II (requirements to be included in an agreement with a common grazings committee) for the word “Scheme” there shall be substituted the word “agreement”.
Lindsay
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
18th July 1996 We consent,
Liam Fox
Simon Burns
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd July 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Housing Benefit (Permitted Totals) Order 1996 and shall come into force on 1st April 1996.
2
In this Order —
“ the Act ” means the Social Security Administration Act 1992 ;
“housing benefit” means either rent rebate or rent allowance as the circumstances may require;
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 ;
“increase in housing benefit” means the difference between —
the amount of housing benefit granted in a case in which an authority makes a determination under regulation 61(2) of the Housing Benefit Regulations (increase in the appropriate maximum housing benefit) , and
the amount of housing benefit which would have been granted in that case if the authority had not made a determination under regulation 61(2) of those Regulations; and
“increase above maximum rent” means the difference between —
the amount of housing benefit granted in a case in which an authority makes a determination under regulation 61(3) of the Housing Benefit Regulations , and
the amount of housing benefit which would have been granted in that case if the authority had not made a determination under regulation 61(3) of those Regulations.
Permitted total of benefit awarded in exercise of a discretion
2
For the purpose of section 134(11) of the Act, the permitted total of housing benefit for the year commencing on 1st April 1996 in relation to an authority shall be the total of the amounts obtained by the calculations set out in articles 3 and 4 below.
Increase in housing benefit
3
The calculation referred to in article 2 above shall be the amount obtained by deducting 100% of any increases in housing benefit in cases in which that authority has during that year made a determination under regulation 61(2) of the Housing Benefit Regulations from the total housing benefit granted by that authority during that year, after deduction of any increase above maximum rent, and multiplying the resulting figure by 100.1%.
Increase above maximum rent
4
1
The calculation referred to in article 2 above shall be the amount obtained by deducting 100% of any increases above maximum rent in cases in which that authority has during that year made a determination under regulation 61(3) of the Housing Benefit Regulations from the total housing benefit granted by that authority during that year, less the deductions specified in paragraph (2) below, and multiplying the resulting figure by 100.9%.
2
The deductions referred to in paragraph (1) above are —
a
all rent rebates granted during that year;
b
subject to paragraph (3) below, all rent allowances granted during that year in cases where the local authority did not refer a claim for housing benefit, in relation to the dwelling in respect of which that allowance was granted, to the rent officer pursuant to regulation 12A of the Housing Benefit Regulations ; and
c
any increase in housing benefit.
3
No rent allowance shall be deducted pursuant to paragraph (2)(b) above, if that case was not referred to the rent officer by reason of paragraph (2)(a) of regulation 12A of those Regulations.
Permitted total of benefit in modified schemes
5
For the purpose of section 134(9) of the Act (modifications other than war disablement pension or war widows pension within the Act), the permitted total of housing benefit for the year commencing on 1st April 1996 in relation to an authority shall be the total of the amounts obtained by deducting 100% of any housing benefit awarded as a consequence of any determination to disregard made by that authority during that year pursuant to a modification adopted by them under section 134(8)(b) of the Act (power to modify housing benefit schemes as prescribed) and regulation 7 of the Income-related Benefits Schemes Amendment ( No. 2) Regulations 1995 (power to modify in respect of certain pensions to war widows) from the total housing benefit granted by that authority during that year and multiplying the resulting figure by 100.7%.
Revocation
6
The Housing Benefit (Permitted Totals) Order 1995 is hereby revoked.
Signed by authority of the Secretary of State for Social Security.
Roger Evans
Parliamentary Under-Secretary of State,
Department of Social Security
7th March 1996


text:
1
1
This Order may be cited as the New Town (East Kilbride) Dissolution Order 1996 and shall come into force on 4th April 1996.
2
In this Order, “East Kilbride Development Corporation” means the East Kilbride Development Corporation established by the New Town (East Kilbride) (Development Corporation) Order 1947 .
2
The Secretary of State hereby appoints 5th April 1996 as the date for the dissolution of East Kilbride Development Corporation.
George Kynoch
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
29th March 1996


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Disability Living Allowance and Claims and Payments) Amendment Regulations 1996 and shall come into force on 31st July 1996.
Amendment of the Social Security (Disability Living Allowance) Regulations 1991
2
1
The Social Security (Disability Living Allowance) Regulations 1991 shall be amended in accordance with the following provisions of this regulation.
2
After regulation 12 there shall be inserted the following regulations —
Hospitalisation in mobility component cases
12A
1
Subject to regulation 12B (exemption), it shall be a condition for the receipt of a disability living allowance which is attributable to entitlement to the mobility component for any period in respect of any person that during that period he is not maintained free of charge while undergoing medical or other treatment as an in-patient —
a
in a hospital or similar institution under the NHS Act of 1977, the NHS Act of 1978 or the NHS Act of 1990; or
b
in a hospital or other similar institution maintained or administered by the Defence Council.
2
For the purposes of paragraph (1)(a) a person shall only be regarded as not being maintained free of charge in a hospital or similar institution during any period when his accommodation and services are provided under section 65 of the NHS Act of 1977, section 58 of, or paragraph 14 of Schedule 7A to, the NHS Act of 1978 or paragraph 14 of Schedule 2 to the NHS Act of 1990.
Exemption from regulation 12A
12B
1
Subject to paragraph (2), regulation 12A shall not apply to a person —
a
for the first 28 days; or
b
where he has not attained the age of 16, for the first 84 days,
of any period throughout which he is a person to whom paragraph (10) applies.
2
Where, on the day on which a person’s entitlement to the mobility component commences, he is a person to whom paragraph (10) applies, paragraph (1) shall not apply to him for any period of consecutive days, beginning with that day, in which he continues to be a person to whom paragraph (10) applies.
3
For the purposes of paragraphs (1) and (4), two or more distinct periods separated by an interval not exceeding 28 days, or by two or more such intervals, shall be treated as a continuous period equal in duration to the total of such distinct periods and ending on the last day of the later or last such period.
4
Subject to paragraph (5) and regulation 12C, where —
a
immediately before 31st July 1996, a person has, for a continuous period of not less than 365 days, been a person to whom paragraph (10) applies and in receipt of the mobility component and on 31st July 1996 is a person to whom that paragraph applies; or
b
on a day not more than 28 days prior to 31st July 1996, a person has, for a continuous period of not less than 365 days, been a person to whom paragraph (10) applies and in receipt of the mobility component, and on or after 31st July 1996 and not more than 28 days after the last day of the previous distinct period during which that paragraph applies, becomes a person to whom that paragraph again applies,
regulation 12A shall not apply until such time as paragraph (10) first ceases to apply to him for more than 28 consecutive days.
5
Paragraph (4) shall not apply where on 31st July 1996 a person is detained under Part II or III of the Mental Health Act 1983 or Part V or VI of the Mental Health (Scotland) Act 1984.
6
Where, on a day after 31st July 1996, a person —
a
becomes detained under Part II or III of the Mental Health Act 1983 or Part V or VI of the Mental Health (Scotland) Act 1984; or
b
ceases to be entitled to the mobility component,
paragraph (4) shall cease to be applicable to that person and shall not again become applicable to him.
7
Subject to regulation 12C, where —
a
on 31st July 1996, a person is a person to whom paragraph (10) applies and a Motability agreement entered into by or on behalf of that person is in force; or
b
a person becomes a person to whom paragraph (10) applies on a day after 31st July 1996 and on that day there is in force a Motability agreement entered into by or on behalf of that person,
regulation 12A shall, for the period following that referred to in paragraph (1)(a) or, as the case may be, paragraph (1)(b), continue not to apply to that person for the period referred to in paragraph (8) or, as the case may be, paragraph (9).
8
Subject to paragraph (9), the period referred to in paragraph (7) shall terminate at the end of the period specified in regulation 44(3) or, as the case may be, regulation 44(4) of the Social Security (Claims and Payments) Regulations 1987 that is relevant to that Motability agreement.
9
Where —
a
the Motability agreement was made under the scheme run by Motability for wheelchairs;
b
on the day immediately following the day that agreement ceases to be in force, a subsequent agreement of the same type is entered into by or on behalf of that person; and
c
on the day referred to in sub-paragraph (b), the person is a person to whom paragraph (10) applies,
the period referred to in paragraph (7) shall terminate at the end of the period specified in regulation 44(3) or, as the case may be regulation 44(4) of the Social Security (Claims and Payments) Regulations 1987 that is relevant to the last such Motability agreement.
10
This paragraph refers to a person who is undergoing medical or other treatment in a hospital or other institution in any of the circumstances referred to in regulation 12A.
11
For the purposes of paragraph (4), receipt of mobility allowance prior to 6th April 1992 shall be treated as receipt of the mobility component.
12
In this regulation —
a
“Motability agreement” means an agreement such as is referred to in regulation 44(1) of the Social Security (Claims and Payments) Regulations 1987 (payment of disability living allowance on behalf of a beneficiary in settlement of liability for payments under an agreement for the hire or hire-purchase of a vehicle);
b
“Motability” means the company, set up under that name as a charity and originally incorporated under the Companies Act 1985 and subsequently incorporated by Royal Charter.
Adjustment of benefit to certain persons exempted from regulation 12A
12C
1
Subject to paragraph (3), where a person is a person to whom regulation 12B(4) applies and the mobility component would otherwise be payable at the higher rate prescribed by regulation 4(2)(a), the benefit shall be adjusted so that it is payable at the lower rate prescribed by regulation 4(2)(b).
2
Subject to paragraph (3), where regulation 12B(7) applies, the benefit shall be adjusted so that it is payable at a rate equal to the weekly amount payable under the relevant agreement for the period referred to in that regulation.
3
Where paragraphs (4) and (7) of regulation 12B both apply, the benefit shall be adjusted so that it is payable either at the lower rate prescribed by regulation 4(2)(b) or at a rate equal to the weekly amount payable under the relevant agreement referred to in regulation 12B(7), whichever is the greater.
.
Amendment of regulation 25 of the Social Security (Claims and Payments) Regulations 1987
3
In regulation 25 of the Social Security (Claims and Payments) Regulations 1987 (payment of attendance allowance and constant attendance allowance at a daily rate), in paragraph (1) the words “by virtue of entitlement to the care component”, in both places where they occur, shall be omitted.
Signed by authority of the Secretary of State for Social Security.
A. J. B. Mitchell
Parliamentary Under-Secretary of State,
Department of Social Security
4th June 1996


text:
1
These Regulations may be cited as the Insurance Premium Tax (Amendment) Regulations 1996 and shall come into force on 2nd September 1996.
2
The Insurance Premium Tax Regulations 1994 (“the Regulations”) shall be amended in accordance with the following regulations.
3
The following regulation shall be inserted in PART VIII of the Regulations before regulation 42:
A42
In this Part —
“Job Band” followed by a number between “1” and “12” means the band for the purposes of pay and grading in which the job an officer performs is ranked in the system applicable to Customs and Excise.
.
4
In regulations 42(1) and 43(a) and (b) for the words “Higher Executive Officer” there shall be substituted “Job Band 7”.
New King’s Beam House 22 Upper Ground London
E. Woods
Commissioner of Customs and Excise
12th August 1996


text:
Title, extent and commencement
1
These Regulations may be cited as the Potatoes Originating in the Netherlands Regulations 1996, shall extend to Great Britain and shall come into force on 11th October 1996.
Revocations
2
The Seed Potatoes Originating in the Netherlands (Notification) (Scotland) Order 1995 and the Potatoes Originating in the Netherlands Order 1995 are hereby revoked.
Interpretation
3
In these Regulations —
“inspector” means any person authorised to be an inspector for the purposes of the Plant Health (Great Britain) Order 1993 ;
“originating in the Netherlands” means grown in 1996 in the Netherlands;
“potato” means any tuber or true seed or any other plant of Solanum tuberosum L. or other tuber-forming species or hybrid of the genus Solanum L.;
“seed potato” means any potato intended for planting.
Notification of imports of potatoes originating in the Netherlands
4
1
No person shall import into England or Wales any potatoes which he knows or has reasonable cause to suspect to have originated in the Netherlands unless he has given written notification to an inspector, at least two days prior to the intended date of introduction into England or Wales of the potatoes, of his intention to import the potatoes and of —
a
the proposed time, date and means of introduction;
b
the proposed point of entry;
c
the intended use of the potatoes;
d
in the case of seed potatoes or potatoes intended for processing, the proposed destination of the potatoes;
e
the variety of the potatoes;
f
the quantity of potatoes; and
g
the producer’s identification number or the reference number of the lot.
2
No person shall import into Scotland any potatoes which he knows or has reasonable cause to suspect to have originated in the Netherlands unless he has given written notification to the Secretary of State, at least two days prior to the intended date of introduction into Scotland of the potatoes, of his intention to import the potatoes and of the information specified in sub-paragraphs (a) to (g) of paragraph (1) above in respect of the potatoes.
3
Any person who, before the commencement of these Regulations, imported into England and Wales any potatoes which he knew or had reasonable cause to suspect to have originated in the Netherlands shall, no later than 18th October 1996, give written notification to an inspector of —
a
the date the potatoes were imported;
b
the point of entry;
c
the intended use of the potatoes;
d
in the case of seed potatoes or potatoes intended for processing, the destination or proposed destination of the potatoes;
e
the variety of the potatoes;
f
the quantity of potatoes; and
g
the producer’s identification number or the reference number of the lot.
4
Any person who, before the commencement of these Regulations, imported into Scotland any potatoes which he knew or had reasonable cause to suspect to have originated in the Netherlands shall, no later than 18th October 1996, give written notification to the Secretary of State of the information specified in sub-paragraphs (a) to (g) of paragraph (3) above in respect of the potatoes.
5
In this regulation, “processing” means any industrial treatment including washing but excluding packing for retail sale.
Powers of an inspector
5
1
Without prejudice to the circumstances in which an inspector may by virtue of the Plant Health (Great Britain) Order 1993 exercise the powers conferred by articles 22 to 25 of that Order, an inspector who has reasonable grounds for suspecting that any person has or will have in his possession potatoes originating in the Netherlands may exercise any of those powers in respect of such potatoes.
2
Any power exercised by virtue of paragraph (1) above shall be treated for the purposes of the Plant Health (Great Britain) Order 1993 as a power exercised under that Order.
Charges in respect of the sampling of imports of seed potatoes
6
1
Where the power to take samples conferred by article 25(1)(a) of the Plant Health (Great Britain) Order 1993 is exercised by an inspector in respect of seed potatoes originating in the Netherlands for the purpose of ascertaining whether those potatoes are infected with Pseudomonas solanacearum (Smith) Smith, there shall be payable by the person required to give notification under regulation 4 in respect of those potatoes a fee of £116, except where that power has previously been exercised for that purpose in respect of other potatoes of the same variety grown on the same holding by the same producer.
2
The fee prescribed by paragraph (1) shall be payable —
a
in the case of seed potatoes intended for planting in England or Wales, to the Minister of Agriculture, Fisheries and Food;
b
in the case of seed potatoes intended for planting in Scotland, to the Secretary of State.
Offences
7
1
A person shall be guilty of an offence if, without reasonable excuse, proof of which shall lie on him, he contravenes or fails to comply with a provision of these Regulations.
2
A person guilty of an offence under paragraph (1) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Tim Boswell
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
10th October 1996
Lindsay
Parliamentary Under Secretary of State,
Scottish Office
9th October 1996


text:
Citation, commencement and interpretation
1
1
These rules may be cited as the Land Registration Rules 1996 and shall come into force on 1st January 1997.
2
In these rules —
a
“the principal rules” means the Land Registration Rules 1925 and “the Schedule” means the Schedule to those rules, and
b
a rule referred to by number means the rule so numbered in the principal rules.
Amendments to the principal rules
2
The principal rules have effect subject to the amendments specified in the schedule to these rules.
Revocation
3
Rules 39 and 121 and Forms 12A, 12B and 35 in the Schedule are revoked.
Mackay of Clashfern, C.
Dated 25th November 1996


text:
PART I
INTRODUCTORY
Citation and Commencement
1
These Regulations may be cited as the Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 and shall come into force on 7th October 1996.
Interpretation
2
1
In these Regulations, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say —
“the 1992 Act ” means the Trade Union and Labour Relations (Consolidation) Act 1992 ;
“the 1996 Act ” means the Employment Rights Act 1996 ;
“prescribed element” has the meaning assigned to it in Regulation 3 below and the Schedule to these Regulations;
“protected period” has the same meaning as in section 189(5) of the 1992 Act;
“protective award” has the same meaning as in section 189(3) of the 1992 Act;
“recoupable benefit” means any jobseeker’s allowance or income support as the case may be, which is recoupable under these Regulations;
“recoupment notice” means a notice under these Regulations;
“ Secretary of the Tribunals ” means the Secretary of the Central Office of the Industrial Tribunals (England and Wales) or, as the case may require, the Secretary of the Central Office of the Industrial Tribunals (Scotland) for the time being;
2
In the Schedule to these Regulations references to sections are references to sections of the 1996 Act unless otherwise indicated and references in column 3 of the table to the conclusion of the tribunal proceedings are references to the conclusion of the proceedings mentioned in the corresponding entry in column 2.
3
For the purposes of these Regulations (and in particular for the purposes of any calculations to be made by an industrial tribunal as respects the prescribed element) the conclusion of the tribunal proceedings shall be taken to occur —
a
where the industrial tribunal at the hearing announces the effect of its decision to the parties, on the date on which that announcement is made;
b
in any other case, on the date on which the decision of the tribunal is sent to the parties.
4
References to parties in relevant industrial tribunal proceedings shall be taken to include references to persons appearing on behalf of parties in a representative capacity.
5
References in these Regulations to anything done, or to be done, in, or in consequence of, any tribunal proceedings include references to anything done, or to be done, in, or in consequence of any such proceedings as are in the nature of a review, or re-hearing or a further hearing consequent on an appeal.
PART II
INDUSTRIAL TRIBUNAL PROCEEDINGS
Application to payments and proceedings
3
1
Subject to paragraph (2) below these Regulations apply —
a
to the payments described in column 1 of the table contained in the Schedule to these Regulations, being, in each case, payments which are the subject of industrial tribunal proceedings of the kind described in the corresponding entry in column 2 and the prescribed element in relation to each such payment is so much of the relevant monetary award as is attributable to the matter described in the corresponding entry in column 3; and
b
to payments of remuneration in pursuance of a protective award.
2
The payments to which these Regulations apply by virtue of paragraph (1)(a) above include payments in proceedings under section 192 of the 1992 Act and, accordingly, where an order is made on an employee’s complaint under that section, the relevant protective award shall, as respects that employee and to the appropriate extent, be taken to be subsumed in the order made under section 192 so that the provisions of these Regulations relating to monetary awards shall apply to payments under that order to the exclusion of the provisions relating to protective awards, but without prejudice to anything done under the latter in connection with the relevant protective award before the making of the order under section 192.
4
Duties of the industrial tribunals and of the Secretary of the Tribunals in respect of monetary awards
1
Where these Regulations apply, no regard shall be had, in assessing the amount of a monetary award, to the amount of any jobseeker’s allowance or any income support which may have been paid to or claimed by the employee for a period which coincides with any part of a period to which the prescribed element is attributable.
2
Where the industrial tribunal in arriving at a monetary award makes a reduction on account of the employee’s contributory fault or on account of any limit imposed by or under the 1992 Act or 1996 Act, a proportionate reduction shall be made in arriving at the amount of the prescribed element.
3
Subject to the following provisions of this Regulation it shall be the duty of the industrial tribunal to set out in any decision which includes a monetary award the following particulars —
a
the monetary award;
b
the amount of the prescribed element, if any;
c
the dates of the period to which the prescribed element is attributable;
d
the amount, if any, by which the monetary award exceeds the prescribed element.
4
Where the industrial tribunal at the hearing announces to the parties the effect of a decision which includes a monetary award it shall inform those parties at the same time of the amount of any prescribed element included in the monetary award and shall explain the effect of Regulations 7 and 8 below in relation to the prescribed element.
5
Where the industrial tribunal has made such an announcement as is described in paragraph (4) above the Secretary of the Tribunals shall forthwith notify the Secretary of State that the tribunal has decided to make a monetary award including a prescribed element and shall notify him of the particulars set out in paragraph (3) above.
6
As soon as reasonably practicable after the Secretary of the Tribunals has sent a copy of a decision containing the particulars set out in paragraph (3) above to the parties he shall send a copy of that decision to the Secretary of State.
7
In addition to containing the particulars required under paragraph (3) above, any such decision as is mentioned in that paragraph shall contain a statement explaining the effect of Regulations 7 and 8 below in relation to the prescribed element.
8
The requirements of paragraphs (3) to (7) above do not apply where the tribunal is satisfied that in respect of each day falling within the period to which the prescribed element relates the employee has neither received nor claimed jobseeker’s allowance or income support.
5
Duties of the industrial tribunals and of the Secretary of the Tribunals in respect of protective awards
1
Where, on a complaint under section 189 of the 1992 Act, an industrial tribunal —
a
at the hearing announces to the parties the effect of a decision to make a protective award; or
b
(where it has made no such announcement) sends a decision to make such an award to the parties; the Secretary of the Tribunals shall forthwith notify the Secretary of State of the following particulars relating to the award —
i
where the industrial tribunal has made such an announcement as is described in paragraph (1)(a) above, the date of the hearing or where it has made no such announcement, the date on which the decision was sent to the parties;
ii
the location of the tribunal;
iii
the name and address of the employer;
iv
the description of the employees to whom the award relates; and
v
the dates of the protected period.
2
a
Where an industrial tribunal makes such an announcement as is described in paragraph (1)(a) above in the presence of the employer or his representative it shall advise him of his duties under Regulation 6 below and shall explain the effect of Regulations 7 and 8 below in relation to remuneration under the protective award.
b
Without prejudice to (a) above any decision of an industrial tribunal to make a protective award under section 189 of the 1992 Act shall contain a statement advising the employer of his duties under Regulation 6 below and an explanation of the effect of Regulations 7 and 8 below in relation to remuneration under the protective award.
6
Duties of the employer to give information about protective awards
1
Where an industrial tribunal makes a protective award under section 189 of the 1992 Act against an employer, the employer shall give to the Secretary of State the following information in writing —
a
the name, address and national insurance number of every employee to whom the award relates; and
b
the date of termination (or proposed termination) of the employment of each such employee.
2
Subject to paragraph (3) below the employer shall comply with paragraph (1) above within the period of ten days commencing on the day on which the industrial tribunal at the hearing announces to the parties the effect of a decision to make a protective award or (in the case where no such announcement is made) on the day on which the relevant decision is sent to the parties.
3
Where, in any case, it is not reasonably practicable for the employer to comply with paragraph (1) above within the period applicable under paragraph (2) above he shall comply as soon as reasonably practicable after the expiration of that period.
PART III
RECOUPMENT OF BENEFIT
Postponement of Awards
7
1
This Regulation shall have effect for the purpose of postponing relevant awards in order to enable the Secretary of State to initiate recoupment under Regulation 8 below.
2
Accordingly —
a
so much of the monetary award as consists of the prescribed element;
b
payment of any remuneration to which an employee would otherwise be entitled under a protective award, shall be treated as stayed (in Scotland, sisted) as respects the relevant employee until —
i
the Secretary of State has served a recoupment notice on the employer; or
ii
the Secretary of State has notified the employer in writing that he does not intend to serve a recoupment notice.
3
The stay or sist under paragraph (2) above is without prejudice to the right of an employee under section 192 of the 1992 Act to present a complaint to an industrial tribunal of his employer’s failure to pay remuneration under a protective award and Regulation 3(2) above has effect as respects any such complaint and as respects any order made under section 192(3) of that Act.
Recoupment of Benefit
8
1
Recoupment shall be initiated by the Secretary of State serving on the employer a recoupment notice claiming by way of total or partial recoupment of jobseeker’s allowance or income support the appropriate amount, computed, as the case may require, under paragraph (2) or (3) below.
2
In the case of monetary awards the appropriate amount shall be whichever is the less of the following two sums —
a
the amount of the prescribed element (less any tax or social security contributions which fall to be deducted therefrom by the employer); or
b
the amount paid by way of or paid as on account of jobseeker’s allowance or income support to the employee for any period which coincides with any part of the period to which the prescribed element is attributable.
3
In the case of remuneration under a protective award the appropriate amount shall be whichever is the less of the following two sums —
a
the amount (less any tax or social security contributions which fall to be deducted therefrom by the employer) accrued due to the employee in respect of so much of the protected period as falls before the date on which the Secretary of State receives from the employer the information required under Regulation 6 above; or
b
the amount paid by way of or paid as on account of jobseeker’s allowance or income support to the employee for any period which coincides with any part of the protected period falling before the date described in (a) above.
4
A recoupment notice shall be served on the employer by post or otherwise and copies shall likewise be sent to the employee and, if requested, to the Secretary of the Tribunals.
5
The Secretary of State shall serve a recoupment notice on the employer, or notify the employer that he does not intend to serve such a notice, within the period applicable, as the case may require, under paragraph (6) or (7) below, or as soon as practicable thereafter.
6
In the case of a monetary award the period shall be —
a
in any case in which the tribunal at the hearing announces to the parties the effect of its decision as described in Regulation 4(4) above, the period ending 21 days after the conclusion of the hearing or the period ending 9 days after the decision has been sent to the parties, whichever is the later; or
b
in any other case, the period ending 21 days after the decision has been sent to the parties.
7
In the case of a protective award the period shall be the period ending 21 days after the Secretary of State has received from the employer the information required under Regulation 6 above.
8
A recoupment notice served on an employer shall operate as an instruction to the employer to pay, by way of deduction out of the sum due under the award, the recoupable amount to the Secretary of State and it shall be the duty of the employer to comply with the notice. The employer’s duty under this paragraph shall not affect his obligation to pay any balance that may be due to the employee under the relevant award.
9
The duty imposed on the employer by service of the recoupment notice shall not be discharged by payment of the recoupable amount to the employee during the postponement period or thereafter if a recoupment notice is served on the employer during the said period.
10
Payment by the employer to the Secretary of State under this Regulation shall be a complete discharge in favour of the employer as against the employee in respect of any sum so paid but without prejudice to any rights of the employee under Regulation 10 below.
11
The recoupable amount shall be recoverable by the Secretary of State from the employer as a debt.
Order made in secondary proceedings
9
1
In the application of any of the above provisions in the case of —
a
proceedings for an award under section 192 of the 1992 Act; or
b
proceedings in the nature of a review, a re-hearing or a further hearing consequent on an appeal,
it shall be the duty of the industrial tribunal or, as the case may require, the Secretary of State, to take the appropriate account of anything done under or in consequence of these Regulations in relation to any award made in the original proceedings.
2
For the purposes of this Regulation the original proceedings are —
a
where paragraph (1)(a) above applies the proceedings under section 189 of the 1992 Act; or
b
where paragraph (1)(b) above applies the proceedings in respect of which the re-hearing, the review or the further hearing consequent on an appeal takes place.
PART IV
DETERMINATION AND REVIEW OF BENEFIT RECOUPED
Provisions relating to determination of amount paid by way of or paid as on account of benefit
10
1
Without prejudice to the right of the Secretary of State to recover from an employer the recoupable benefit, an employee on whom a copy of a recoupment notice has been served in accordance with Regulation 8 above may, within 21 days of the date on which such notice was served on him or within such further time as the Secretary of State may for special reasons allow, give notice in writing to the Secretary of State that he does not accept that the amount specified in the recoupment notice in respect of jobseeker’s allowance or income support is correct.
2
Where an employee has given notice in writing to the Secretary of State under paragraph (1) above that he does not accept that an amount specified in the recoupment notice is correct, the Secretary of State shall forthwith submit to an adjudication officer the question as to the amount of jobseeker’s allowance or income support, as the case may be, paid in respect of the period to which the prescribed element is attributable or, as appropriate, in respect of so much of the protected period as falls before the date on which the employer complies with Regulation 6 above and any question so submitted shall be for determination by an adjudication officer, a Social Security Appeal Tribunal and a Commissioner, in accordance with sections 21 to 25 and section 36 of the Social Security Administration Act 1992.
3
Where —
a
on the determination of a question submitted to an adjudication officer under paragraph (2) above; or
b
on the review under section 25 of the Social Security Administration Act 1992 of a decision in pursuance of which a sum was paid by way of or paid as on account of jobseeker’s allowance or income support,
the amount recovered by the Secretary of State from the employer under these Regulations exceeds the total amount paid by way of jobseeker’s allowance or income support to the employee which would not have been paid if a decision on review under section 25 of the Social Security Administration Act 1992 had been made in the first instance, the Secretary of State shall pay to the employee an amount equal to such excess.
4
In any case where, after the Secretary of State has recovered from an employer any amount by way of recoupment of benefit, the decision given by the industrial tribunal in consequence of which such recoupment took place is set aside or varied on appeal or on a re-hearing by the industrial tribunal, the Secretary of State shall make such repayment to the employer or payment to the employee of the whole or part of the amount recovered as he is satisfied should properly be made having regard to the decision given on appeal or re-hearing.
Revocation and Transition Provision
11
1
The Employment Protection (Recoupment of Unemployment Benefit and Supplementary Benefit) Regulations 1977 are hereby revoked.
2
Regulation 11(1) shall not have effect in relation to awards or parts of awards made by an industrial tribunal after the date these Regulations come into force where the award or part of the award is in respect of a period before that date.
John M Taylor,
Parliamentary Under Secretary of State for Corporate and Consumer Affairs,
Department of Trade and Industry
10th September 1996


text:
Title and commencement
1
These Regulations may be cited as the Animals, Meat and Meat Products (Examination for Residues and Maximum Residue Limits) (Amendment) Regulations 1996 and shall come into force on 14th March 1996.
Amendment of the 1991 Regulations
2
In the Animals, Meat and Meat Products (Examination for Residues and Maximum Residue Limits) Regulations 1991 , in Schedule 1 (the Council Regulation), for items (a), (b), (c), (d), (e), (f), (g) and (h) there shall be substituted the following items —
a
Commission Regulation ( EC ) No. 2701/94 OJ No. L287, 8.11.94, p.7.
b
Commission Regulation (EC) No. 2703/94 OJ No. L287, 8.11.94, p.19.
c
Commission Regulation (EC) No. 3059/94 OJ No. L323, 16.12.94, p.15.
d
Commission Regulation (EC) No. 1102/95 OJ No. L110, 17.5.95, p.9.
e
Commission Regulation (EC) No. 1441/95 OJ No. L143, 27.6.95, p.22.
f
Commission Regulation (EC) No. 1442/95 OJ No. L143, 27.6.95, p.26.
.
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
15th February 1996
Signed by authority of the Secretary of State for Health:
Cumberlege
Parliamentary Under Secretary of State,
Department of Health
5th February 1996
Signed by authority of the Secretary of State for Wales:
Gwilym Jones
Parliamentary Under Secretary of State,
Welsh Office
13th February 1996
Lindsay
Parliamentary Under Secretary of State,
Scottish Office
1st February 1996


text:
1
This Order may be cited as the Army Act 1955 (Jersey) Order 1996 and shall come into force on 1st June 1996.
2
1
The Army Act 1955 (“the 1955 Act ”) shall have effect in the Bailiwick of Jersey subject to the modifications specified in Part I of the Schedule to this Order.
2
Section 10 and Part III of the Armed Forces Act 1991 shall have effect in the Bailiwick of Jersey subject to the modifications specified in Part II of the Schedule to this Order.
3
In relation to any reference to a law for the time being in force in the Bailiwick of Jersey, the modifications made by this Order have effect for all purposes of the 1955 Act (and not only in the application of that Act to the Bailiwick of Jersey).
N. H. Nicholls
Clerk of the Privy Council


text:
1
This Order may be cited as the A501 Trunk Road (Swinton Street, Camden) (Temporary Prohibition of Traffic) Order 1996 and shall come into force on the 18th April 1996.
2
This Order is made because the Traffic Director for London is satisfied that traffic in Swinton Street, Camden should be restricted because works are being or are proposed to be executed on or near that road.
3
During the period starting at 08.00 hours on 18th April 1996 and ending when those works have been completed or at 08.00 hours on 18th July 1996, whichever is the earlier, subject to the provisions of article 4 below, no person shall cause or permit any vehicle to enter or exit Swinton Street from Swinton Place.
4
1
The provisions of article 3 above shall apply only during such times and to such extent as may from time to time be indicated by traffic signs.
2
The provisions specified in article 3 above shall not apply in respect of —
i
any vehicle being used for the purpose of those works, or for fire brigade, ambulance or police purpose, or
ii
anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
5
During the period specified in article 3 above, the provisions of the Camden (Waiting and Loading Restriction) (Special Parking Area) Order 1993 are hereby suspended so far as they relate to any roads or lengths of road specified in this Order.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
18th April 1996


text:
Title, commencement and extent
1
These Regulations may be cited as the Habitat (Salt-Marsh) (Amendment) (No. 2) Regulations 1996, and shall come into force on 1st January 1997, and shall apply to England.
Amendments to previous Regulations
2
1
The Habitat (Salt-Marsh) Regulations 1994 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 2(1) (interpretation) —
a
after the definition of “agriculture” and “agricultural” there shall be inserted the following definition —
“agri-environment scheme” means an arrangement which is —
regulated by statutory instrument providing for the payment of aid to persons who give an undertaking or enter an agreement in relation to land to which that instrument relates; and
approved by the Commission of the European Communities under Article 7(3) of the Council Regulation as part of a zonal programme drawn up pursuant to Article 3 of the Council Regulation;
;
b
after the definition of “coastal defence authority” there shall be inserted the following definitions —
“the Commission Regulation” means Commission Regulation (EC) No. 746/96 laying down detailed rules for the application of the Council Regulation;
“the Council Regulation” means Council Regulation (EEC) No. 2078/92 on agricultural production methods compatible with the requirements of the protection of the environment and the maintenance of the countryside as last amended by Commission Regulation (EC) No. 2772/95 as rectified by Commission Regulation (EC) No. 1962/96 ;
;
c
for the definition of “eligible person” there shall be substituted the following definition —
“eligible person” means a person who on the date of the submission of his application —
occupies eligible land as an owner or tenant; and
is not prohibited from providing an undertaking pursuant to an agri-environment scheme either by application of a penalty consequent upon Article 20(2) of the Commission Regulation (which requires member states to determine a system of penalties which are effective, commensurate with their purpose and of adequate deterrent effect to be imposed for breaches of undertakings) or by application of Article 20(3) of the Commission Regulation (which requires a person who, intentionally or by reason of gross negligence, makes a false declaration, to be excluded from all aid under the Council Regulation);
;
d
after the definition of “eligible person” there shall be inserted the following definition —
“former scheme period”, in relation to an area, means the period elapsed under an undertaking given or an agreement entered in relation thereto under an agri-environment scheme, including any period elapsed under any other such undertaking or agreement and treated in effect as aggregated with that period for the purposes of that scheme —
by virtue of a change of occupation of the land to which the undertaking or agreement relates;
by application of Article 11 of the Commission Regulation (which governs transfers of holdings); or
by application of Article 13 of the Commission Regulation (which authorises replacement of an agri-environment scheme undertaking or agreement by another such undertaking or agreement);
;
e
for the definition of “management period”, there shall be substituted the following definition —
“management period”, in relation to an application accepted by the Minister, means —
where an application is made pursuant to Article 13 of the Commission Regulation (which authorises replacement of an agri-environment scheme undertaking or agreement by another such undertaking or agreement), a continuous period, which, when aggregated with the former scheme period, makes 20 consecutive years, or
in any other case, 20 consecutive years,
commencing on a date to be agreed by the Minister and the beneficiary;
;
f
for the definition of “set-aside land”, there shall be substituted the following definition —
“set-aside land” means an area of managed land —
which was arable land at the start of the management period;
in relation to which —
(where the application relating to that area has been accepted pursuant to Article 13 of the Commission Regulation (which authorises replacement of an agri-environment scheme undertaking or agreement by another such undertaking or agreement)) the application for aid under the agri-environment scheme to which the commencement of the former scheme period relates, and
otherwise, the application by the beneficiary, was made on or after 28th June 1995; and
in relation to which the application made pursuant to these Regulations included a declaration by the beneficiary that he intended to count the area as being set aside for the purposes of the set-aside requirement;
.
3
In regulation 5 (restrictions on acceptance of applications), after paragraph (2) there shall be inserted the following paragraph —
2A
The Minister shall not accept an application in relation to any land made pursuant to Article 13 of the Commission Regulation (which authorises replacement of an agri-environment scheme undertaking or agreement by another such undertaking or agreement) unless he is satisfied that the conditions set out in that Article are fulfilled.
.
4
In regulation 6 (change of occupation) —
a
there shall be substituted for paragraph (2) the following paragraph —
2
The Minister shall not accept an undertaking referred to in paragraph (1)(b) above unless he is satisfied that the new occupier —
a
occupies the land or part as an owner or tenant or as the personal representative of the original occupier; and
b
is not prohibited from providing an undertaking pursuant to an agri-environment scheme by application of Article 10 of the Commission Regulation (which restricts duplication of aid payments), by application of a penalty consequent upon Article 20(2) of the Commission Regulation (which requires member states to determine a system of penalties which are effective, commensurate with their purpose and of adequate deterrent effect to be imposed for breaches of undertakings) or by application of Article 20(3) of the Commission Regulation (which requires a person who, intentionally or by reason of gross negligence, makes a false declaration, to be excluded from all aid under the Council Regulation).
; and
b
there shall be substituted for paragraph (7) the following paragraph —
7
The foregoing provisions of this Regulation shall be subject to Article 11 of the Commission Regulation (which governs transfers of holdings) and Article 12 of the Commission Regulation (force majeure).
.
5
In regulation 7 (amount and payment of aid) after the phrase “Subject to the provisions of these Regulations” there shall be inserted the phrase “, of Article 20(3) of the Commission Regulation (which requires a person who, intentionally or by reason of gross negligence, makes a false declaration, to be excluded from all aid under the Council Regulation) and, in respect of an application made on or after 1st January 1997, of Article 10 of the Commission Regulation (which restricts duplication of aid payments)”.
6
In regulation 7A (changes to the area of set-aside land) for sub-paragraph (c) of paragraph (1) there shall be substituted the following sub-paragraph —
c
in relation to which —
i
(where the application relating to that area has been accepted pursuant to Article 13 of the Commission Regulation (which authorises replacement of an agri-environment scheme undertaking or agreement by another such undertaking or agreement)) the application for aid under the agri-environment scheme to which the commencement of the former scheme period relates, and
ii
otherwise, the application by the beneficiary,
was made on or after 28th June 1995
.
7
For regulation 10 (withholding and recovery of aid and termination) there shall be substituted the following regulation —
Withholding and recovery of aid, termination and exclusion
10
1
Where any person, with a view to obtaining the payment of aid under these Regulations to himself or any other person, makes any statement or furnishes any information which is false or misleading, the Minister may withhold the whole or any part of any aid payable to that person or to such other person and may, subject to the provisions of Article 20 of the Commission Regulation (which provides for recovery of wrongful payments with interest, a penalty system and exclusion for false declarations), recover the whole or any part of any aid already paid to that person or to such other person.
2
Where a beneficiary —
a
fails to comply with any of the management obligations;
b
fails to permit entry and inspection by an authorised person or to render all reasonable assistance to such authorised person as required by regulation 9; or
c
fails to comply with any other requirement of these Regulations,
the Minister may withhold the whole or any part of any aid payable to that beneficiary and may recover the whole or any part of any aid already paid to him and may also, in so far as is consequent upon Article 20(2) of the Commission Regulation (which requires member states to determine a system of penalties which are effective, commensurate with their purpose and of adequate deterrent effect to be imposed for breaches of undertakings), require him to pay to the Minister a sum equal to no more than 10% of the aid paid or payable to the beneficiary.
3
Where the Minister takes any step specified in paragraph (1) or (2) above, he may also treat as terminated the undertakings given by the beneficiary under these Regulations.
4
Where under paragraph (3) above the Minister treats the undertakings given by the beneficiary as terminated, in connection with any step taken under paragraph (2) above, he may also, in so far as is consequent upon Article 20(2) of the Commission Regulation, by notice in writing to the beneficiary prohibit him from providing a new undertaking or entering a new agreement under an agri-environment scheme for such period (not exceeding two years) from the date of that termination as is specified in the notice.
5
Before taking any step specified in paragraph (2), (3) or (4) above by reference to paragraph (2)(a) above, the Minister shall —
a
give to the beneficiary a written explanation of the reasons for the step proposed to be taken;
b
afford the beneficiary the opportunity of appearing before and being heard by a person appointed for that purpose by the Minister; and
c
consider the report by the person so appointed and supply a copy of the report to the beneficiary.
6
Where a beneficiary, in his area aid application in any year, counts an area of managed land which is arable land as being set aside for the purposes of the set-aside requirement and that land, on the date of the submission of the area aid application, is neither set-aside land nor land which is being treated as set-aside land pursuant to regulation 7A, the Minister may, subject to the provisions of Article 20 of the Commission Regulation (which provides for recovery of wrongful payments with interest, a penalty system and exclusion for false declarations), recover from that beneficiary an amount not exceeding the difference between the aid paid to that beneficiary under regulation 7 that year and the amount that would have been paid to him under regulation 7 that year if that land had been set-aside land.
.
8
After regulation 10 (withholding and recovery of aid and termination) there shall be added the following regulations —
Recovery of Interest
10A
1
Where a payment of aid is made to a beneficiary by the Minister and, by virtue of Article 20(1) of the Commission Regulation (which provides for recovery of wrongful payments with interest), a reimbursement of all or part of the payment with interest is required, the rate of interest shall be one percentage point above LIBOR on a day to day basis.
2
For the purposes of this regulation, LIBOR means the sterling three month London interbank offered rate in force during the period specified in Article 20(1) of the Commission Regulation.
3
In any proceedings relating to this regulation, a certificate of the Minister stating the LIBOR applicable during a period specified in the certificate shall be conclusive evidence of the rate applicable in the specified period if the certificate also states that the Bank of England notified the Minister of that rate.
Recovery of payments
10B
In any case, where an amount falls to be paid to the Minister by virtue of (or by virtue of action taken under) these Regulations or the Commission Regulation in so far as it relates to managed land, the amount so falling to be paid shall be recoverable as a debt.
.
Tim Boswell
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
10th December 1996


text:
Citation and commencement
1
This Order may be cited as the Armed Forces (Compensation Limits) Order 1996 and shall come into force on 1 July 1996.
Compensation limits
2
The sum which may not be exceeded on an award of stoppages —
a
by a court-martial under the Army Act 1955 or the Air Force Act 1955;
b
under the Naval Discipline Act 1957,
in respect of any offence occasioning personal injury of which a person is convicted or any other such offence which is taken into consideration in determining sentence, is £5,000.00.
Revocation
3
The Armed Forces (Compensation Limits) Order 1991 is hereby revoked.
Application
4
1
The provisions of Article 2 shall have effect where the offence in respect of which the award of stoppages is made is committed on or after the date on which this Order comes into effect.
2
Notwithstanding the revocation of the Armed Forces (Compensation Limits) Order 1991, the provisions of that Order shall continue to have effect where the offence in respect of which the award of stoppages is made is committed before the date on which this Order comes into effect.
Nicholas Soames
Minister of State, Ministry of Defence
29th May 1996


text:
Citation and commencement
1
These Regulations may be cited as the Local Government Changes for England (Capital Finance) (Amendment) Regulations 1996, and shall come into force on 5th December 1996.
Amendment of Regulations
2
The Local Government Changes for England (Capital Finance) Regulations 1995 shall be amended in accordance with the following provisions of these Regulations.
Interpretation of Part III
3
In regulation 10 —
a
for the definition of “relevant amount” substitute the following definition —
“relevant amount”, in relation to a participant authority, means the aggregate of the amount of “K” determined in accordance with paragraph 5 of the Schedule to the Transfer of Property Regulations and the amount of “KK”, if any, determined in accordance with paragraph (5A) of that Schedule ;
; and
b
after the definition of “section 60” insert the following definition —
“usable PCL ” means the aggregate of the amounts set aside as provision to meet credit liabilities which an abolished authority, if no order under section 17 of the Local Government Act 1992 had been made in relation to them, could have applied or transferred in accordance with regulations made under section 64(2) of the 1989 Act in the financial year beginning on the reorganisation date; and.
Usable receipts of designated authority
4
In regulation 11 —
a
for paragraph (2) (a) substitute the following —
a
on the reorganisation date there were added to the usable receipts of the designated authority an amount equal to the aggregate of —
i
the usable receipts of the abolished authority on the last day of the preliminary period; and
ii
the usable PCL, if any, of the abolished authority;
; and
b
for paragraph (3) substitute the following paragraph —
3
Section 60 shall have effect in relation to a relinquishing authority as if, on the relevant date, the relinquishing authority’s usable receipts were —
a
reduced by an amount equal to the aggregate of the relevant amounts for the participant authorities; and
b
increased by an amount equal to the aggregate of all amounts “KK”, if any, determined in relation to the relinquishing authority and the participant authorities in accordance with paragraph 5A of the Schedule to the Transfer of Property Regulations.
Interpretation of Part IV
5
In regulation 14, after the definition of “relevant amount” insert ““relevant date” and “usable PCL” have the same meaning as in Part III of these Regulations; and”.
PCL of designated authority
6
In regulation 15, for paragraph (1) substitute the following paragraphs —
1
Subject to paragraph (2), where in relation to an abolished authority there is only one successor authority, on the reorganisation date there shall be added to the PCL of the designated authority an amount equal to the PCL of the abolished authority on the last day of the preliminary period.
1A
Subject to paragraph (2), where in relation to an abolished authority there are two or more successor authorities, on the reorganisation date there shall be added to the PCL of the designated authority an amount equal to the PCL of the abolished authority on the last day of the preliminary period less the usable PCL, if any, of the abolished authority.
1B
Subject to paragraph (2), on the relevant date there shall be deducted from the PCL of a relinquishing authority an amount equal to the aggregate of all amounts “KK”, if any, determined in relation to the relinquishing authority and the participant authorities in accordance with paragraph 5A of the Schedule to the Transfer of Property Regulations..
Credit ceiling of designated authority
7
In regulation 19 —
a
at the end of paragraph (1), add the following —
and
c
an amount equal to the total amount, if any, added to the usable receipts of the designated authority under regulation 11(2)(a) above with respect to usable PCL.;
b
after paragraph (1), insert the following paragraphs —
1A
Where in relation to an abolished authority there are two or more successor authorities, the credit ceiling of the designated authority shall be reduced on the relevant date by an amount equal to the aggregate of all amounts “KK”, if any, determined in relation to the designated authority and the participant authorities in accordance with paragraph 5A (“paragraph 5A”) of the Schedule to the Transfer of Property Regulations.
1B
The credit ceiling of a relinquishing authority shall be increased on the relevant date by an amount equal to the aggregate of all amounts “KK”, if any, determined in relation to the relinquishing authority and the participant authorities in accordance with paragraph 5A.
; and
c
at the end, add the following paragraph —
4
In this regulation, “relevant date”, “usable PCL” and “usable receipts” have the same meaning as in Part III of these Regulations.
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,
Department of the Environment
11th November 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Mid Essex Hospital Services National Health Service Trust (Transfer of Trust Property) Order 1996, and shall come into force on 31st July 1996.
2
In this Order —
“the Authority” means the South Essex Health Authority established on 1st April 1996 ;
“the old Authority” means the South Essex Health Authority established on 1st April 1993 and abolished on 1st April 1996 ;
“the Trust” means the Mid Essex Hospital Services National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the old Authority and the Trust on 26th February 1996, which schedule has been signed on behalf of both the old Authority and the Trust.
Transfer of trust property
2
On 31st July 1996 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State
Department of Health
2nd July 1996


text:
Citation and commencement
1
This Order may be cited as the Hydrographic Office Trading Fund Order 1996 and shall come into force on 1st April 1996.
Establishment of the fund
2
As from 1st April 1996, for all the operations of the Ministry of Defence known as the Hydrographic Office, which operations are more particularly described in Schedule 1 to this Order, there shall be established a trading fund to be known as the Hydrographic Office Trading Fund (hereinafter referred to as “the fund”).
Source of loans
3
The Secretary of State for Defence is hereby designated as the source of issues to the fund by way of loan.
Assets, liabilities, reserves and public dividend capital
4
1
The Crown assets and liabilities set out in Schedule 2 to this Order shall be appropriated as assets and liabilities of the fund.
2
5.1 per cent of the amount by which the values of the assets exceed the amounts of the liabilities shall be treated as a revaluation reserve in the accounts of the fund and the reserve so treated shall be maintained as a revaluation reserve.
3
47.3 per cent of the balance of
a
the amount by which the values of the assets exceed the amounts of the liabilities, less
b
the amount to be treated as a revaluation reserve in accordance with paragraph (2) above,
shall be treated as public dividend capital of the fund.
Maximum borrowing etc.
5
The aggregate of the following shall not exceed £50,000,000
a
the total outstanding at any given time in respect of amounts issued to the fund under section 2B of the Government Trading Funds Act 1973 (other than as originating debt), and
b
the total at that time constituting public dividend capital issued to the fund under section 2A(2A) of that Act.
Michael Portillo
Secretary of State for Defence
6th March 1996
We concur
Simon Buras
Bowen Wells
Two of the Lords Commissioners of Her Majesty’s Treasury
8th March 1996


text:
Citation and commencement
1
This Order may be cited as the Council Tax (Discount Disregards) Amendment Order 1996 and comes into force on 1st April 1996.
Amendment to the 1992 Order
2
1
The Council Tax (Discount Disregards) Order 1992 is amended in accordance with the following paragraphs.
2
In paragraph (1) of article 3, at the end insert “or meets the requirements in paragraph (3) below.”.
3
At the end of article 3, insert —
3
The requirements in this paragraph are —
a
that the person in question has reached pensionable age as defined for the purposes of Parts I to VI of the Social Security Contributions and Benefits Act 1992 , and
b
that had he not reached pensionable age he would have been entitled to one of the benefits listed in paragraph (2) above.
.
4
At the end of paragraph (2) of article 3, insert —
k
incapacity benefit under sections 40 and 41 of the Social Security Contribution and Benefits Act 1992 .
.
5
In paragraph 3(b) of Schedule 1 for “relevant period for that course” substitute —
period beginning with the day on which he begins the course and ending with the day on which he ceases to undertake it,
and a person is to be regarded as ceasing to undertake a course of education for the purpose of this paragraph if he has completed it, abandoned it or is no longer permitted by the educational establishment to attend it.
.
Signed by authority of the Secretary of State
Paul Beresford
Parliamentary Under Secretary of State,
Department of the Environment
6th March 1996
Signed by authority of the Secretary of State
Gwilym Jones
Parliamentary Under Secretary of State for Wales
7th March 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Maximum Number of Stipendiary Magistrates Order 1996 and shall come into force on the day after the day on which it is made.
2
In this Order —
a
“stipendiary magistrate” means a stipendiary magistrate appointed under section 13 of the 1979 Act in any commission area or areas outside the inner London area and the City of London;
b
“the 1979 Act” means the Justices of the Peace Act 1979.
Maximum number
2
The maximum number of stipendiary magistrates specified for the purposes of section 13(4) of the 1979 Act shall be fifty.
N H Nicholls
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the European Communities (Designation) Order 1996 and shall come into force on 7th March 1996.
Designation of Ministers or departments
2
1
For the purposes of section 2(2) of the European Communities Act 1972 the Ministers or government departments specified in column (1) of the Schedule to this Order are hereby designated in relation to the matters specified in column (2) of that Schedule.
2
Where a Minister or government department is designated in relation to any item in column (2) of the said Schedule, then, for the purposes of the said section 2(2), that Minister or government department is also hereby designated in relation to anything supplemental or related to the matters specified in that item.
3
Where more than one Minister or government department is designated by this Order in relation to any matter, the designation of those Ministers or government departments has effect as respects the making of regulations by any of them or by more than one of them acting jointly.
4
Regulations made by a Northern Ireland Department in pursuance of this Order, that are not made jointly with any Minister, shall form part of the law of Northern Ireland and not of any other part of the United Kingdom.
Revocation of earlier designations
3
The following designations are hereby revoked:
the designation of the Secretary of State and of any Minister or department of the Government of Northern Ireland in respect of the international carriage of passengers and goods by road, and in particular any scheme (including a quota scheme) for making it possible for carriers in Member States to conduct road transport operations on routes between Member States, in the European Communities (Designation) Order 1972 ;
the designation of the Secretary of State and of any Northern Ireland Department in respect of measures relating to the management independence of railway undertakings, their financial structure, the separation of accounts for rail infrastructure and transport services, fees for the use of infrastructure and arrangements for access to infrastructure, and the designation of the Secretary of State in respect of measures relating to the adoption of standards for the broadcasting by satellite, and re-transmission by cable, of television signals, in the European Communities (Designation) Order 1992 ; and
the designation of the Secretary of State in respect of measures relating to competition in the markets for satellite communications and telecommunications services other than public voice telephony, mobile and telex services, and satellite communications and telecommunications terminal equipment, in the European Communities (Designation) ( No. 2) Order 1995 .
N. H. Nicholls
Clerk of the Privy Council


text:
1
This Order may be cited as the A501 Trunk Road (Marylebone Road, Westminster) (Temporary Prohibition of Traffic) (No. 2) Order 1996 and shall come into force on the 1st April 1996.
2
This Order is made because the Traffic Director for London is satisfied that traffic in Marylebone Road, Westminster should be restricted because works are being or are proposed to be executed on or near that road.
3
During the period starting at 08.00 hours on 1st April 1996 and ending when those works have been completed or at 08.00 hours on 1st July 1996, whichever is the earlier, subject to the provisions of article 4 below, no person shall cause or permit any vehicle to enter or exit Marylebone Road from Luxborough Street.
4
1
The provisions of article 3 above shall apply only during such times and to such extent as may from time to time be indicated by traffic signs.
2
The provisions specified in article 3 above shall not apply in respect of —
i
any vehicle being used for the purpose of those works, or for fire brigade, ambulance or police purpose, or
ii
anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
5
During the period specified in article 3 above, the provisions of the City of Westminster (Waiting and Loading Restriction) Order 1976 are hereby suspended so far as they relate to any roads or lengths of road specified in this Order.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
29th March 1996


text:
Title and commencement
1
These Regulations may be cited as the Sweeteners in Food (Amendment) Regulations 1996 and shall come into force on 28th June 1996.
Amendment of the Sweeteners in Food Regulations 1995
2
For paragraph (2) of regulation 3 of the Sweeteners in Food Regulations 1995 there shall be substituted the following —
2
Subject to paragraph (3) below, no person shall use any sweetener in or on any food.
.
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
22nd May 1996
Signed by authority of the Secretary of State for Health:
Cumberlege
Parliamentary Under Secretary of State,
Department of Health
22nd May 1996
Signed by authority of the Secretary of State for Wales:
Jonathan Evans
Parliamentary Under Secretary of State, Welsh Office
6th June 1996
Lindsay
Parliamentary Under Secretary of State, Scottish Office
22nd May 1996


text:
Title and commencement
1
These Regulations may be cited as the Fresh Meat (Beef Controls) (No. 2) (Amendment) Regulations 1996 and shall come into force on 4th October 1996.
Amendment
2
The Fresh Meat (Beef Controls) (No. 2) Regulations 1996 shall be amended as follows —
a
in regulation 2(1), after the definition of “cattle passport” there shall be inserted —
“mammalian meat and bone meal” shall have the meaning given in the Bovine Spongiform Encephalopathy Order 199;;6
b
paragraph 6 of Part I of Schedule 1 shall be replaced by —
“The herd shall have been in existence for four years, except where every animal in the herd to which the application relates comes from a herd registered under the Scheme, which shall in either case be verifiable from farm records.”;
in paragraphs 7 and 8(a) of Part I of Schedule 1, before “meat” there shall be inserted “mammalian”;
in paragraph 8(b) of Part I of Schedule 1, “which only produced feed for ruminants” shall be replaced by “in which, over the four years prior to the application, mammalian meat and bone meal has not, with the knowledge of the owner or operator, been stored or used”; and
paragraph 4 of Part II of Schedule 1 shall be replaced by “No animal in the herd shall be fed any feed or compound feed which contains mammalian meat and bone meal.”.
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
3rd October 1996
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State,
Department of Health
3rd October 1996
Michael Forsyth
Parliamentary Under Secretary of State,
Scottish Office
3rd October 1996
Signed by authority of the Secretary of State for Wales
William Hague
Parliamentary Under Secretary of State
Welsh Office
2nd October 1996


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Income Support (General) Amendment (No. 2) Regulations 1996 and shall come into force on 21st April 1996.
2
These Regulations shall have effect in relation to any particular claimant–
a
in a case where income support is paid to the claimant in arrears in accordance with paragraph 7(1)(i) of Schedule 7 to the Claims and Payments Regulations (date when change of circumstances is to take effect) —
i
from the first day of the benefit week which includes 28th April 1996; or
ii
if the claim for income support is for a period beginning after 28th April 1996, from the first day of the first benefit week commencing after that date;
b
in a case where income support is paid to the claimant in advance in accordance with paragraph 7(1)(ii) of Schedule 7 to the Claims and Payments Regulations, from the first day of the first benefit week commencing after 28th April 1996;
and for this purpose, the expressions “claimant” and “benefit week” have the same meanings as in regulation 2(1) of the Income Support Regulations (interpretation).
3
In these Regulations,“the Claims and Payments Regulations” means the Social Security (Claims and Payments) Regulations 1987 and “the Income Support Regulations ” means the (Income Support (General) Regulations 1987 .
Amendment of Schedule 3 to the Income Support Regulations
2
In paragraph 12(1)(a) of Schedule 3 to the Income Support Regulations (standard rate of interest on qualifying loans) for the words “8.00 per cent.” there shall be substituted the words “7.74 per cent.”.
Revocation of the Income Support (General) Amendment Regulations 1995
3
The Income Support (General) Amendment Regulations 1995 are hereby revoked save that those Regulations shall continue to have effect until the first day of the benefit week having effect in relation to any particular claimant for the purpose of regulation 1(2) of these Regulations.
Signed by authority of the Secretary of State for Social Security
Roger Evans
Parliamentary Under-Secretary of State,
Department of Social Security
25th March 1996