text:
Citation, commencement, interpretation and application
1
These Regulations may be cited as the Civil Aviation (Investigation of Air Accidents and Incidents) Regulations 1996 and shall come into force on 21st November 1996.
2
1
In these Regulations, unless the context otherwise requires —
“accident” means an occurrence associated with the operation of an aircraft which takes place between the time any person boards the aircraft with the intention of flight until such time as all such persons have disembarked, in which —
a
a person suffers a fatal or serious injury as a result of —
being in or upon the aircraft,
direct contact with any part of the aircraft, including parts which have become detached from the aircraft, or
direct exposure to jet blast,
except when the injuries are from natural causes, self-inflicted or inflicted by other persons, or when the injuries are to stowaways hiding outside the areas normally available to the passengers and crew, or
b
the aircraft sustains damage or structural failure which —
adversely affects the structural strength, performance or flight characteristics of the aircraft, and
would normally require major repair or replacement of the affected component,
except for engine failure or damage, when the damage is limited to the engine, its cowlings or accessories; or for damage limited to propellers, wing tips, antennas, tyres, brakes, fairings, small dents or puncture holes in the aircraft skin; or
c
the aircraft is missing or is completely inaccessible;
“aerodrome authority” means, in relation to any aerodrome, the person by whom the aerodrome is managed;
“the Annex” means Annex 13 to the Chicago Convention as amended on 23 March 1994 ;
“Chief Inspector” means the Chief Inspector of Air Accidents appointed under regulation 8 below;
“commander” in relation to an aircraft means the member of the flight crew designated as commander of that aircraft by the operator thereof, or failing such a person, the person who is for the time being the pilot in command of the aircraft;
“Contracting State” means any State (including the United Kingdom) which is party to the Chicago Convention;
“crew” includes every person employed or engaged in an aircraft in flight on the business of the aircraft;
“the Directive” means Council Directive 94/56/ EC of 21 November 1994 establishing the fundamental principles governing the investigation of civil aviation accidents and inci dents ;
“fatal injury” means an injury which is sustained by a person in an accident and which results in his death within 30 days of the date of the accident;
“incident” means an occurrence, other than an accident, associated with the operation of an aircraft which affects or would affect the safety of operation;
“Inspector” means a person appointed as an Inspector of Air Accidents under regulation 8 below;
“investigating Inspector” means an Inspector carrying out an investigation pursuant to these Regulations;
“owner” means, where an aircraft is registered, the registered owner;
“pilot in command” in relation to an aircraft means a person who for the time being is in charge of the piloting of the aircraft without being under the direction of any other pilot in the aircraft;
“police officer” means any person who is a member of a police force or of the Royal Ulster Constabulary (including, for the avoidance of doubt, the Royal Ulster Constabulary Reserve), and any special constable;
“serious incident” means an incident involving circumstances indicating that an accident nearly occurred;
“serious injury” means an injury which is sustained by a person in an accident and which —
requires hospitalisation for more than 48 hours, commencing within seven days from the date the injury was received;
results in a fracture of any bone (except simple fractures of fingers, toes, or nose);
involves lacerations which cause severe haemorrhage, nerve, muscle or tendon damage;
involves injury to any internal organ;
involves second or third degree burns, or any burns affecting more than 5 per cent of the body surface; or
involves verified exposure to infectious substances or harmful radiation;
and “seriously injured” shall be construed accordingly;
“causes”, “investigation”, “flight recorder”, “undertaking” and “safety recommendation” have the meanings given by Article 3 of the Directive; and
“established” shall have the same meaning as in the Directive.
2
Any notice or other document required or authorised by any provision of these Regulations to be served on or given to any person may be served or given —
a
by delivering it to that person;
b
by leaving it at his usual or last-known residence or place of business, whether in the United Kingdom or elsewhere;
c
by sending it to him by post at that address; or
d
by sending it to him at that address by telex, by facsimile transmission or other similar means which produce a document containing a text of the communication, in which event the document shall be regarded as served when it is received.
3
These Regulations apply only to civil aviation accidents and incidents.
Purpose of the investigation of accidents and incidents
4
The sole objective of the investigation of an accident or incident under these Regulations shall be the prevention of accidents and incidents. It shall not be the purpose of such an investigation to apportion blame or liability.
Duty to furnish information relating to accidents and incidents
5
1
Where an accident or a serious incident occurs in respect of which, by virtue of regulation 8(3) below the Chief Inspector is required to carry out, or to cause an Inspector to carry out, an investigation, the relevant person and, in the case of an accident or a serious incident occurring on or adjacent to an aerodrome, the aerodrome authority shall forthwith give notice thereof to the Chief Inspector by the quickest means of communication available and, in the case of an accident occurring in or over the United Kingdom, shall also notify forthwith a police officer for the area where the accident occurred of the accident and of the place where it occurred.
2
In this regulation the expression “relevant person” means —
a
in the case of an accident or serious incident occurring in or over the United Kingdom or occurring elsewhere to an aircraft registered in the United Kingdom, the commander of the aircraft involved at the time of the accident or serious incident or, if he be killed or incapacitated, the operator of the aircraft; and
b
in the case of a serious incident occurring in or over any country or territory other than a member State or a Contracting State to an aircraft registered elsewhere than in the United Kingdom but operated by an undertaking established in the United Kingdom, that undertaking.
3
The notice to the Chief Inspector referred to in paragraph (1) above shall contain as much of the following information as is available —
a
in the case of an accident, the identifying abbreviation “ACCID” or, in the case of a serious incident, the identifying abbreviation “INCID”;
b
the type, model and the nationality and registration marks of the aircraft;
c
the name of the owner, operator and hirer (if any) of the aircraft;
d
the name of the commander of the aircraft;
e
the date and Co-ordinated Universal Time of the accident or serious incident;
f
the last point of departure and the next point of intended landing of the aircraft;
g
the position of the aircraft by reference to some easily defined geographical point and latitude and longitude;
h
the number of —
i
crew on board the aircraft at the time of the accident or serious incident and, in the case of an accident, the number of them killed or seriously injured as a result of the accident;
ii
passengers on board the aircraft at the time of the accident or serious incident and, in the case of an accident, the number of them killed or seriously injured as a result of the accident;
iii
in the case of an accident, other persons killed or seriously injured as a result of the accident;
i
the nature of the accident or serious incident and the extent of the damage to the aircraft as far as is known.
4
Where an incident, other than a serious incident, takes place —
a
in or over the United Kingdom; or
b
otherwise than in or over the United Kingdom to an aircraft registered in the United Kingdom;
the owner, operator, commander or hirer of the aircraft shall, if so required by notice given to him by the Chief Inspector, send to the Chief Inspector such information as is in his possession or control with respect to the incident in such form and at such times as may be specified in the notice.
6
Subject to the provisions of regulations 11(4)(b) and 18 below, the Chief Inspector may at any time publish, or cause to be published, information relating to an accident or incident whether or not such accident or incident is the subject of an investigation by an Inspector.
Removal of damaged aircraft
7
1
Subject to paragraph (2) and regulation 9 below, where an accident, or a serious incident which results in the withdrawal from service of an aircraft, occurs in or over the United Kingdom no person other than an authorised person shall have access to the aircraft involved and neither the aircraft nor its contents shall, except under the authority of the Secretary of State, be removed or otherwise interfered with.
2
Subject to the provisions of section 21(4), (4A) and (5) of the Customs and Excise Management Act 1979 —
a
the aircraft may be removed or interfered with so far as may be necessary for the purpose of —
i
extricating persons or animals;
ii
removing any mail, valuables or dangerous goods carried by the aircraft;
iii
preventing destruction by fire or other cause;
iv
preventing any danger or obstruction to the public, air navigation or other transport;
v
removing any other property from the aircraft under the supervision of an Inspector or with the agreement of an Inspector or of a constable;
b
if an aircraft is wrecked on water, the aircraft or any of its contents may be removed to such extent as may be necessary for bringing it or them to a place of safety.
3
In this regulation the expression “authorised person” means —
a
any person authorised by the Secretary of State either generally or specially to have access to any aircraft involved in an accident or serious incident;
b
any constable;
c
any officer of Customs and Excise.
Inspectors of Air Accidents
8
1
For the purpose of carrying out investigations into accidents and incidents to which these Regulations apply, the Secretary of State shall, subject to paragraph (2) below, appoint persons as Inspectors of Air Accidents, one of whom shall be appointed by the Secretary of State as Chief Inspector of Air Accidents.
2
The body of Inspectors of Air Accidents shall continue to form that part of the Department of Transport known as the Air Accidents Investigation Branch.
3
Subject to paragraphs (5) and (6) below, the Chief Inspector shall carry out, or cause an Inspector to carry out, an investigation into —
a
accidents and serious incidents which occur in or over the United Kingdom;
b
accidents and serious incidents which occur in or over any country or territory which is neither a member State nor a Contracting State to aircraft registered in the United Kingdom when such an investigation is not carried out by another State;
c
serious incidents which occur in or over any country or territory which is neither a member State nor a Contracting State to aircraft which are registered elsewhere than in the United Kingdom but which are operated by an undertaking established in the United Kingdom when such an investigation is not carried out by another State; and
d
accidents and serious incidents to aircraft registered in the United Kingdom in the circumstances described in paragraph 5.3 of the Annex.
4
Subject to paragraphs (5) and (6) below, the Chief Inspector may, when he expects to draw air safety lessons from it, carry out, or cause an Inspector to carry out, an investigation into an incident, other than a serious incident, which occurs —
a
in or over the United Kingdom; or
b
otherwise than in or over the United Kingdom to an aircraft registered in the United Kingdom.
5
The Chief Inspector may delegate the task of carrying out an investigation into an accident or an incident to another member State or, in accordance with paragraphs 5.1, 5.1.1 or 5.3 of the Annex, to another Contracting State.
6
Where the Chief Inspector delegates the task of carrying out an investigation pursuant to paragraph (5) above, he shall so far as he is able facilitate inquiries by the investigator appointed by the relevant State.
7
The Chief Inspector may carry out, or cause an Inspector to carry out, an investigation into an accident or incident where the task of carrying out the investigation has been delegated to the United Kingdom by another member State or, in accordance with paragraphs 5.1, 5.1.1 or 5.3 of the Annex, by another Contracting State.
8
Without prejudice to the power of an Inspector to seek such advice or assistance as he may deem necessary in making an investigation, the Secretary of State may at the request of the Chief Inspector appoint persons to assist an Inspector in a particular investigation and such persons shall for the purpose of so doing have such of the powers of an Inspector under these Regulations as may be specified in their appointment.
9
The Chief Inspector may arrange for any of his powers and obligations under these regulations to be performed on his behalf by an Inspector designated by him to be his deputy.
10
In any case where the Chief Inspector causes more than one Inspector to carry out an investigation he shall nominate one of them to be in overall charge of the investigation.
Powers of Inspectors
9
1
For the purpose of enabling him to carry out an investigation into an accident or incident in the most efficient way and within the shortest time, an investigating Inspector is hereby authorised, where appropriate in cooperation with the authorities responsible for the judicial inquiry, to —
a
have free access to the site of the accident or incident as well as to the aircraft, its contents or its wreckage;
b
ensure an immediate listing of evidence and controlled removal of debris, or components for examination or analysis purposes;
c
have immediate access to and use of the contents of the flight recorders and any other recordings;
d
have access to the results of examination of the bodies of victims or of tests made on samples taken from the bodies of victims;
e
have immediate access to the results of examinations of the people involved in the operation of the aircraft or of tests made on samples taken from such people;
f
examine witnesses; and
g
have free access to any relevant information or records held by the owner, the operator or the manufacturer of the aircraft and by the authorities responsible for civil aviation or airport operation.
2
For the purpose of paragraph (1) above an investigating Inspector shall have power —
a
by summons under his hand to call before him and examine all such persons as he thinks fit, to require such persons to answer any question or furnish any information or produce any books, papers, documents and articles which the investigating Inspector may consider relevant and to retain any such books, papers, documents and articles until the completion of the investigation;
b
to take statements from all such persons as he thinks fit and to require any such person to make and sign a declaration of the truth of the statement made by him;
c
on production if required of his credentials, to enter and inspect any place, building or aircraft the entry or inspection whereof appears to the investigating Inspector to be requisite for the purposes of the investigation;
d
on production if required of his credentials, to remove, test, take measures for the preservation of or otherwise deal with any aircraft other than an aircraft involved in the accident or incident where it appears to the investigating Inspector requisite for the purposes of the investigation, and
e
to take such measures for the preservation of evidence as he considers appropriate.
3
Every person summoned by an investigating Inspector under paragraph (2)(a) above shall be allowed such expenses as the Secretary of State may determine.
4
When requested to do so by the investigating body or entity of another member State, the Chief Inspector may provide assistance to that body or entity by supplying —
a
installations, facilities and equipment for —
the technical investigation of wreckage and aircraft equipment and other objects relevant to the investigation,
the evaluation of information from flight recorders, and
the computer storage and evaluation of air accident data, and
b
accident investigation experts to undertake specific tasks but only when an investigation is opened following a major accident.
5
In this regulation “operator” shall have the meaning given by Article 3 of the Directive and “in cooperation with the authorities responsible for the judicial inquiry” shall have the same meaning as in the Directive.
Form and conduct of investigations
10
The extent of investigations and the procedure to be followed in carrying out investigations required or authorised under these Regulations shall be determined by the Chief Inspector taking account of the purpose described in regulation 4 above, the principles and objectives of the Directive and the lessons he expects to draw from the accident or incident for the improvement of safety.
Inspector’s Report
11
1
On completion of an investigation into an accident or incident, the investigating Inspector shall prepare a report of the investigation in a form appropriate to the type and seriousness of the accident or incident.
2
If it appears to the investigating Inspector that the investigation of any accident or incident —
a
involving a collision between a civil aircraft and a military aircraft, or
b
occurring while a civil aircraft was on, or in the course of taking off from or landing on, an aerodrome controlled by any of Her Majesty’s naval, military or air forces or by the naval, military or air forces of any country
has been completed but for the investigation of matters affecting the discipline or internal administration of any of those forces which are more appropriate for the investigation by some other person or body, the investigation may be treated for the purposes of paragraph (1) above as if it had been completed without such matters being investigated under these Regulations. In such a case the report of the investigation into the accident or incident shall state those matters to which the investigation has not extended by reason of this paragraph.
3
The report of an investigation into an accident shall state the sole objective of the investigation as described in regulation 4 above and, where appropriate, contain safety recommendations.
4
The report of an investigation into an incident shall —
a
where appropriate, contain relevant safety recommendations;
b
protect the anonymity of the persons involved in the incident; and
c
be circulated by the investigating Inspector to the parties likely to benefit from its findings with regard to safety.
5
A safety recommendation shall in no case create a presumption of blame or liability for an accident or incident.
6
The Chief Inspector shall submit a copy of every report prepared pursuant to paragraph (1) above to the Secretary of State without delay.
7
In this regulation the expression “investigating Inspector” in a case where more than one Inspector is carrying out the task of investigation means the Inspector nominated under regulation 8(10) above.
Notice of Inspector’s Report and Representations thereon
12
1
No report which is required by regulation 13 to be published shall be so published if, in the investigating Inspector’s opinion, it is likely to affect adversely the reputation of any person, until the investigating Inspector has —
a
where it appears to him to be practicable so to do, served a notice under this regulation upon that person, or if that person is a deceased individual, upon the person who appears to him, at the time he proposes to serve notice pursuant to this paragraph, to represent best the interest of the deceased in the matter; and
b
made such changes to the report as he thinks fit following his consideration of any representations which may be made to him in accordance with paragraph (3) below by or on behalf of the person served with such notice.
2
The notice referred to in sub-paragraph (a) of paragraph (1) above shall include particulars of any proposed analysis of facts and conclusions as to the cause or causes of the accident or incident which may affect the person on whom or in respect of whom the notice is served.
3
Any representations made pursuant to sub-paragraph (b) of paragraph (1) above shall be in writing and shall, subject to paragraph (6) below, be served on the investigating Inspector within 28 days of service of the notice referred to in sub-paragraph (a) of paragraph (1) above.
4
A copy of the report submitted to the Secretary of State under regulation 11(6) above shall be served by the investigating Inspector on any person who has been served with a notice pursuant to paragraph (1) above.
5
No person shall disclose or permit to be disclosed any information contained in an notice or report served on him pursuant to paragraphs (1) or (4) above to any other person without the prior consent in writing of the Chief Inspector.
6
The Chief Inspector shall have power to extend the period of 28 days prescribed in paragraph (3) above and this power shall be exercisable notwithstanding that that period has expired.
7
In this regulation the expression “investigating Inspector” in a case where more than one Inspector is carrying out the task of investigation means the Inspector nominated under regulation 8(10) above.
Publication of Reports
13
Subject to regulation 12(1) above, the Chief Inspector shall cause the report of an investigation into an accident or incident, other than an incident the investigation of which has been delegated to the United Kingdom by another member State, to be made public in the shortest time possible (and, if possible, within 12 months of the date of the accident or serious incident) and in such manner as he thinks fit.
Safety recommendations
14
1
The Chief Inspector shall cause the reports referred to in regulation 13 above, including those not required to be published and including the safety recommendations contained therein, to be communicated to the undertakings or national aviation authorities concerned and copies thereof to be forwarded to the Commission.
2
Any undertaking or authority to which a safety recommendation is communicated pursuant to paragraph (1) above shall, without delay —
a
take that recommendation into consideration and, where appropriate, act upon it;
b
send to the Secretary of State —
i
full details of the measures, if any, it has taken or proposes to take to implement the recommendation and, in a case where it proposes to implement measures, the timetable for securing that implementation; or
ii
a full explanation as to why the recommendation is not to be the subject of measures to be taken to implement it;
c
give notice to the Secretary of State if at any time any information provided to the Secretary of State in pursuance of sub-paragraph (b)(i) above concerning the measures it proposes to take or the timetable for securing their implementation is rendered inaccurate by any change of circumstances.
Reopening of Investigation
15
1
The Chief Inspector may cause the investigation of any accident or incident to be reopened and shall do so —
a
if, after the completion of the investigation, evidence has been disclosed which is in his opinion both new and important; or
b
if for any other reason there is in his opinion ground for suspecting that the reputation of any person has been unfairly and adversely affected.
2
Any investigation reopened shall be subject to and conducted in accordance with the provisions of these Regulations.
Accredited representatives
16
1
Where an investigation of an accident or serious incident is being carried out by an investigating Inspector pursuant to regulation 8 above, an accredited representative appointed by —
a
the State of Registry;
b
the State of Design;
c
the State of Manufacture;
d
the State of the Operator;
e
a Contracting State which has, on request, furnished information, facilities or experts to the investigating Inspector in connection with the accident or serious incident;
may take part in the investigation, that is to say, he shall be permitted to visit the scene of the accident, examine the wreckage, question witnesses, receive copies of all pertinent documents (saving all such just exceptions as may be determined by the investigating Inspector), have access to all relevant evidence and make submissions; and he may be accompanied by such technical and other advisers as may be considered necessary by the authorities of the country or territory by which he is appointed.
2
In this regulation the expressions “accredited representative”, “State of Registry”, “State of Design”, “State of Manufacture” and “State of the Operator” have the meanings given to them by Chapter 1 of the Annex and the expression “investigating Inspector” in a case where more than one Inspector is carrying out the task of investigation means the Inspector nominated under regulation 8(10) above.
Obstruction of Investigation
17
1
No person shall obstruct or impede an Inspector or any person acting under the authority of the Secretary of State in the exercise of any powers or duties under these Regulations.
2
No person shall without reasonable excuse fail, after having had the expenses (if any) to which he is entitled under these Regulations tendered to him, to comply with any summons of an Inspector holding an investigation.
Disclosure of relevant records
18
1
Subject to paragraphs (2) and (4) to (6) below no relevant record shall be made available by the Secretary of State to any person for purposes other than accident or incident investigation.
2
Nothing in paragraph (1) above shall preclude the Secretary of State making a relevant record available to any person where —
a
in a case where that person is a party to or otherwise entitled to appear at judicial proceedings, the relevant court has ordered that the relevant record shall be made available to him for the purpose of those proceedings, or
b
in any other circumstances, the relevant court has ordered that the relevant record shall be made available to him for the purpose of those circumstances.
3
In this regulation —
“judicial proceedings” includes any proceedings before any court, tribunal or person having by law power to hear, receive and examine evidence on oath,
“relevant court” in the case of judicial proceedings or an application for disclosure made in England and Wales means the High Court, in the case of judicial proceedings or an application for disclosure made in Scotland means the Court of Session and in the case of judicial proceedings or an application for disclosure made in Northern Ireland means the High Court,
“relevant record” means any item in the possession, custody or power of the Secretary of State which is of a kind referred to in sub-paragraphs (a) to (e) of paragraph 5.12 of the Annex; and
“Secretary of State” includes any officer of his.
4
Subject to paragraph (6) below no order shall be made under paragraph (2) above unless the relevant court is satisfied that the interests of justice in the judicial proceedings or circumstances in question outweigh any adverse domestic and international impact which disclosure may have on the investigation into the accident or incident to which the record relates or any future accident or incident investigation undertaken in the United Kingdom.
5
A relevant record or part thereof shall not be treated as having been made available contrary to paragraph (1) above in any case where that record or part is included in the final report (or the appendices to the final report) of the accident or incident.
6
The provisions of this regulation shall be without prejudice to any rule of law which authorises or requires the withholding of any relevant record or part thereof on the ground that the disclosure of it would be injurious to the public interest.
Revocation
19
The Civil Aviation (Investigation of Air Accidents) Regulations 1989 are hereby revoked. Any investigation commenced under those Regulations which, in the case of a field investigation has not been completed or, in the case of a formal investigation has not been the subject of a report submitted to the Secretary of State, shall continue as if it had been commenced under these Regulations.
Signed by authority of the Secretary of State for Transport
Goschen
Parliamentary Under Secretary of State,
Department of Transport
4th November 1996


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Sexual Offences (Conspiracy and Incitement) Act 1996 (Commencement) Order 1996.
2
The Sexual Offences (Conspiracy and Incitement) Act 1996 shall come into force on 1st October 1996.
Ann Widdecombe
Minister of State
Home Office
2nd September 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the South Durham National Health Service Trust (Establishment) Order 1996 and shall come into force on 1st April 1996.
2
In this Order, unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the South Durham National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the South Durham National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions shall be —
a
to own and manage hospital accommodation and services provided at Winterton Hospital, Sedgefield, County Durham TS21 3EJ and associated hospitals;
b
to manage community health services provided from Winterton Hospital, Sedgefield, County Durham TS21 3EJ and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1996.
2
The accounting date of the trust shall be 31st March.
Restriction on disposal of assets
6
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State,
Department of Health
18th March 1996


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Disability Living Allowance) Amendment Regulations 1996 and shall come into force on 31st July 1996, immediately following the coming into force of the Social Security (Disability Living Allowance and Claims and Payments) Amendment Regulations 1996 .
Amendment of regulation 12B of the Social Security (Disability Living Allowance) Regulations 1991
2
1
Regulation 12B of the Social Security (Disability Living Allowance) Regulations 1991 (exemption from regulation 12A) shall be amended in accordance with the following provisions of this regulation.
2
After paragraph (9) there shall be inserted the following paragraph —
9A
Regulation 12A shall not apply in the case of a person who is residing in a hospice and is terminally ill where the Secretary of State has been informed that he is terminally ill —
a
on a claim for disability living allowance;
b
on an application for a review of an award of disability living allowance; or
c
in writing in connection with an award of, or a claim for, or an application for review of an award of, disability living allowance.
.
3
In paragraph (12), after the words “In this regulation — ” there shall be inserted the definition —
za
“hospice” has the same meaning as that given in paragraph (7) of regulation 10;
.
Signed by authority of the Secretary of State for Social Security.
A. J. B. Mitchell
Parliamentary Under-Secretary of State,
Department of Social Security
8th July 1996


text:
Citation and commencement
1
1
These Regulations may be cited as the Local Government Changes for England (Council Tax) (Transitional Reduction) Regulations 1996.
2
These Regulations shall come into force for the purposes of regulation 4 on 22nd February 1996, and for all other purposes on 23rd February 1996.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Local Government Act 1992;
“the 1992 Act ” means the Local Government Finance Act 1992;
“the Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 ;
“council tax figure” means a figure calculated in accordance with Schedule 1 to these Regulations;
“the Disabilities Regulations ” means the Council Tax (Reductions for Disabilities) Regulations 1992 ;
“discounted chargeable amount” in relation to a person, a dwelling and a day, means the amount estimated by the relevant billing authority as that which the person would be liable to pay in respect of council tax as regards the dwelling and the day if his liability fell to be calculated solely by reference to section 10 of the 1992 Act or, as his circumstances require, that section read with section 11 of the 1992 Act; but in the application of this definition to a person who is an eligible person for the purposes of the Disabilities Regulations, the estimate shall be made as if, in the definition of “A” in section 10 of the 1992 Act, there were substituted, for the reference to the valuation band listed for the dwelling, a reference to the alternative valuation band;
“existing area” means an area which immediately before, and on, 1st April 1996 formed part of the area of the same relevant billing authority;
“relevant area” means an existing area, or a transferred area, in relation to which the council tax figure is greater than £104, and a “relevant dwelling” is a dwelling situated in a relevant area;
“relevant billing authority” means a billing authority which is subject to a section 17 order in respect of which the reorganisation date is 1st April 1996, or which is situated in the area of a county council which is subject to such an order and in these Regulations is referred to as a“reorganised county”;
“the reorganisation date” means the date (being 1st April in any year) which is specified in a section 17 order;
“section 17 order” in relation to an authority means an order under section 17 of the Act affecting that authority; and
“transferred area” means an area which formed part of the area of a billing authority (in these Regulations referred to as a “transferor authority”) immediately before 1st April 1996, and of another billing authority (in these Regulations referred to as a “transferee authority”) on and after that date.
2
Any reference in these Regulations to a billing authority shall, during the preliminary period, include an authority which has the functions of a billing authority as regards the initial year, under Chapter 1 of Part I of the 1992 Act, by virtue of regulation 49(1) of the Local Government Changes for England (Finance) Regulations 1994 ; for this purpose “initial year” and “preliminary period” have the same meaning as in those Regulations.
3
Any reference in these Regulations to a liable person is a reference to a person who is liable (whether his liability is sole or joint and several) to pay to a billing authority, in respect of a particular dwelling, an amount in respect of council tax, and includes, unless the context otherwise requires, a reference to a person who in the opinion of the authority will be so liable; and references to the amount which a person is liable to pay shall be construed accordingly.
Prescribed year
3
The financial year beginning on 1st April 1996 is prescribed as the year for which these Regulations apply.
Modification of section 13 of the 1992 Act
4
In relation to chargeable dwellings in England and the year for which these Regulations apply, section 13(5) of the 1992 Act shall have effect as if after paragraph (d) there were inserted the following —
e
the location of the dwelling concerned in the area of a district or county council which is affected by a structural change, or a boundary change, made by or in consequence of an order under section 17 of the Local Government Act 1992; and for this purpose a “structural change”and a “boundary change” shall be construed in accordance with section 14 of that Act. .
Persons to whom regulations apply
5
A person is an eligible person for the purposes of these Regulations on a particular day if, as regards that day, he is a liable person in respect of a relevant dwelling.
Calculation of amount payable
6
1
Subject to paragraph (2) below, the amount which an eligible person is liable to pay in respect of a relevant dwelling and a day shall be the discounted chargeable amount reduced by the deductible amount, and for this purpose the deductible amount shall be calculated by the relevant billing authority in accordance with Schedule 2 to these Regulations.
2
Where a determination awarding council tax benefit under the Benefit Regulations is effective as regards a dwelling and a day in respect of which a person is an eligible person for the purposes of those Regulations, the amount which he is liable to pay in respect of that day shall be the amount ascertained in accordance with paragraph (1) above, less the amount of his council tax benefit for that day.
Supply of information by individuals
7
A billing authority may, for the purpose of considering whether these Regulations apply to any person, by written notice request that person to furnish to the authority within such period as it may reasonably specify, not being less than 21 days, such information specified in the notice as it may reasonably request of that person to assist it in considering that question.
Appeals
8
1
Where a billing authority makes a decision relating to the application or operation of these Regulations in relation to an individual, the authority shall, if requested in writing by the person so affected, provide him with a written statement of its decision and the reason for it; and any such statement shall be sent within 14 days from the date on which it is requested or as soon as is reasonably practicable thereafter.
2
No appeal may be made on a valuation tribunal in respect of any decision of a billing authority relating solely to the application or operation of these Regulations; but a person aggrieved by such a decision may appeal to a review board appointed by the billing authority and constituted as mentioned in regulation 70(3) of the Benefit Regulations.
Notice of appeal
9
An appellant shall give notice of appeal under these Regulations in writing to the billing authority.
Procedure for appeals
10
1
Regulations 71(2) to (9) and 72(4) and (5) of the Benefit Regulations shall apply with the necessary modifications for the purposes of an appeal under these Regulations as they apply for the purposes of a further review.
2
A billing authority shall comply with any decision of its review board.
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,
Department of the Environment
1st February 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Cardiff Community Healthcare National Health Service Trust (Transfer of Trust Property) Order 1996 and shall come into force on 1st April 1996.
2
In this Order —
“the Authority” means South Glamorgan Health Authority;
“the Trust” means the Cardiff Community Healthcare National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 13th February 1996, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of Trust Property
2
On 1st April 1996 the trust property shall be transferred from the Authority to the Trust.
William Hague
Secretary of State for Wales
5th March 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the National Blood Authority (Transfer of Trust Property) Order 1996 and shall come into force on 9th February 1996.
2
In this Order —
“the first Authority” means the Anglia and Oxford Regional Health Authority;
“the second Authority” means the National Blood Authority;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the first Authority and the second Authority on 15th December 1994, which schedule has been signed on behalf of both the first Authority and the second Authority.
Transfer of trust property
2
On 9th February 1996 the trust property shall be transferred from the first Authority to the second Authority.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State
Department of Health
10th January 1996


text:
1
This Order may be cited as the Petty Sessional Divisions (West Glamorgan) Order 1996 and shall come into force on 1st April 1996 except that, for the purposes of paragraph 2 of the Schedule hereto, this Order shall come into force on 21st March 1996.
2
In this Order —
a
except where the context otherwise requires, the expression “division” means a petty sessional division;
b
any reference to a justice for a division shall be construed as a reference to a justice of the peace who ordinarily acts, or, as the case may be, will on or after 1st April 1996 ordinarily act, in and for that division;
c
any reference to a county, county borough or preserved county shall be construed in accordance with the Local Government Act 1972 , as amended by the Local Government (Wales) Act 1994 .
3
1
The divisions into which the county of West Glamorgan is divided, that is to say the four divisions of Lliw Valley, Neath, Port Talbot and Swansea, shall be abolished.
2
The area of the preserved county of West Glamorgan shall be divided into the two divisions hereby constituted, that is to say —
a
the Neath Port Talbot division, which shall consist of the county borough of Neath and Port Talbot, and
b
the Swansea County division, which shall consist of the county of Swansea.
4
The transitional and consequential provisions set out in the Schedule to this Order shall have effect in connection with the provisions of article 3 of this Order.
Mackay of Clashfern, C.
Dated 28th February 1996


text:
1
This Order may be cited as the A501 Trunk Road (Euston Road, Camden) (Temporary Prohibition of Traffic) Order 1996 and shall come into force on the 24th June 1996.
2
This Order is made because the Traffic Director for London is satisfied that traffic in Midland Road, Camden should be prohibited from turning left into Euston Road because works are being or are proposed to be executed on or near the junction of those roads.
3
During the period starting at 08.00 hours on 24th June 1996 and ending at 23:59 hours on 23rd September 1996 or when those works have been completed, whichever is the sooner, subject to the provisions of article 4 below, no person shall cause or permit any vehicle proceeding in Midland Road, Camden to turn left eastbound into Euston Road.
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.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London, TRO 153
21st June 1996


text:
Citation and commencement
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (London Borough of Hillingdon Council) Order 1996 and shall come into force on 1st April 1996.
Exemption of management of sports and leisure facilities
2
The management of sports and leisure facilities by the Hillingdon London Borough Council shall not be treated as a defined activity so long as it is undertaken at the Hayes Stadium Sports Centre, Judge Heath Lane, Hayes between 1st April 1996 and 31st October 1996.
Signed by authority of the Secretary of State
Paul Beresford
Parliamentary Under Secretary of State,
Department of the Environment
2nd February 1996


text:
1
1
This Order may be cited as the Humberside (Coroners) Order 1996 and shall come into force on 1st April 1996.
2
In this Order “the 1988 Act ” means the Coroners Act 1988 .
2
1
There shall be a single coroner’s district, called the East Riding and Hull Coroner’s District, for the Counties of the East Riding of Yorkshire and the City of Kingston upon Hull (which counties come into existence on 1st April 1996 by virtue of article 5(1) of the Humberside (Structural Change) Order 1995) .
2
The Council of the City of Kingston upon Hull shall be the relevant council within the meaning of section 1(1A) of the 1988 Act for the coroner’s district constituted by paragraph (1) above.
3
1
There shall be a single coroner’s district, called the North Lincolnshire and Grimsby Coroner’s District, for the Counties of North Lincolnshire and North East Lincolnshire (which counties come into existence on 1st April 1996 by virtue of article 5(1) of the Humberside (Structural Change) Order 1995).
2
The Council of the District of North Lincolnshire shall be the relevant council within the meaning of section 1(1A) of the 1988 Act for the coroner’s district constituted by paragraph (1) above.
4
On 1st April 1996, all rights and liabilities (including those in connection with legal proceedings) of the Humberside County Council, in its capacity prior to that date as the relevant council for the purposes of the 1988 Act for coroners —
a
in the existing North Humberside and Scunthorpe Coroner’s District of the County of Humberside shall be transferred to City of Kingston upon Hull Council in its capacity as the relevant council for those purposes for coroners in the coroner’s district constituted by article 2(1) above; and
b
in the existing Grimsby Coroner’s District of the County of Humberside shall be transferred to North Lincolnshire District Council in its capacity as the relevant council for those purposes for coroners in the coroner’s district constituted by article 3(1) above.
5
1
On 1st April 1996, any process issued, order made, direction given, inquest begun or other thing done by or to the coroner for an existing coroner’s district shall be deemed to have been issued, made, given, begun or done by or to the coroner for the relevant new coroner’s district.
2
All documents, exhibits, registers and other things in the custody of the coroner for an existing coroner’s district in connection with inquests or post-mortem investigations shall be transferred to the coroner for the relevant new coroner’s district.
3
In paragraphs (1) and (2) above the relevant new coroner’s district is —
a
the East Riding and Hull Coroner’s District as respects the existing North Humberside and Scunthorpe Coroner’s District; and
b
the North Lincolnshire and Grimsby Coroner’s District as respects the existing Grimsby Coroner’s District.
4
In this article “coroner” includes any deputy coroner or assistant deputy coroner.
Tom Sackville
Parliamentary Under Secretary of State
Home Office
7th March 1996


text:
Citation and commencement
1
1
This Order may be cited as the Cromarty Firth Port Authority Harbour Revision Order 1996 and shall come into force on 21st June 1996.
2
The Cromarty Firth Port Authority Order 1973 and this Order may be cited together as the Cromarty Firth Port Authority Orders 1973 and 1996.
Interpretation
2
In this Order, unless the context otherwise requires —
“the Order of 1973 ” means the Cromarty Firth Port Authority Order 1973;
“ the Authority ” means the Cromarty Firth Port Authority;
“ the undertaking ” means the undertaking for the time being of the Authority.
Amendment of Order of 1973
3
The Order of 1973 shall be amended —
a
by omitting from section 3(1) the words “'the county council' means the council of the administrative county of Ross and Cromarty;” and substituting therefor the words “`the council' means the Highland Council;”;
b
by omitting from items (iii) and (v) of the second proviso to section 4(1) the words “one hundred pounds” and substituting therefor the words “level 2 on the standard scale”;
c
by omitting from item (vi) of the said second proviso the words “fifty pounds” and substituting therefor the words “level 2 on the standard scale”;
d
by omitting from section 6(1) the words “six” and “seven” and substituting therefore respectively the words “seven” and “eight”;
e
by omitting from section 6(3)(a) the word “county”;
f
by omitting from section 6(3)(b) the word “three” and substituting therefor the word “four”and by omitting therefrom the words “after consulting the National Ports Council”;
g
by omitting from section 6(4) the word “county”;
h
by substituting for section 7(2) the following subsection —
2
The Authority may do all other things which in their opinion are necessary or expedient to facilitate the proper carrying on or development of the undertaking and for those purposes, and without prejudice to the generality of the foregoing, the Authority may —
a
acquire any undertaking or part of an undertaking;
b
subscribe for or acquire shares or securities of any body corporate;
c
lend money to any person for the purposes of any undertaking carried on by him or, where that person is a body corporate, any undertaking carried on by that body corporate or any subsidiary thereof;
d
maintain such reserve funds as they think fit;
e
invest any sums not immediately required for the purposes of the undertaking; and
f
turn their resources to account so far as not required for those purposes.
;
i
by inserting in section 8 after the word “appoint” the words “a chief executive,”;
j
by omitting from section 46(3) the words “fifty pounds” and substituting therefor the words“level 2 on the standard scale”;
k
by omitting from section 48(2)(b) the word “county”;
l
by omitting from section 58 the word “county” in both places where it occurs;
m
by inserting in section 59(1)(a) after the word “warehouses,” the words “storage facilities,”;
n
by inserting in section 59(1)(c) after the words “concerned with the” the words“warehousing, storage”;
o
by inserting in section 59(1) after the words “the Authority may” the words “(without prejudice to any of the other powers conferred on the Authority by this Order)”;
p
by substituting for section 83 the following section —
Saving for SEPA.
83
Nothing in this Order shall affect prejudicially any powers conferred on the Scottish Environment Protection Agency by or under any enactment.
.
Subsidiaries
4
1
The Authority may form and promote a wholly-owned subsidiary for carrying on any activities which the Authority have power to carry on.
2
The Authority shall secure that any company formed in exercise of the powers conferred by paragraph (1) above remains such a wholly-owned subsidiary.
3
The Authority may enter into arrangements with a company formed in exercise of the powers conferred by paragraph (1) above for the transfer to that company from the Authority or from any other company so formed, in such manner and on such terms (including payments by any of the parties to the arrangements to any of them) as may be provided for by the arrangements, of any property, rights, liabilities or obligations of the Authority or of that other company which are relevant to the carrying on of the activities to be carried on by the first-mentioned company.
4
In this article, “wholly-owned subsidiary” has the meaning given by section 736 of the Companies Act 1985 .
Development, etc. , of certain land
5
1
The Authority may form and promote, or join with any other person in forming and promoting, a company (“the company”) for using or developing for any purpose, or carrying on any business on, any land within or formerly within the Port (but not required for the purposes of the undertaking) not being an activity which may be carried on by a company formed under article 4 of this Order.
2
Except as is otherwise provided by any enactment or rule of law, the powers of the company may include power to do anything necessary or expedient for the purposes of the objects mentioned in paragraph (1) above or for purposes incidental to those purposes, notwithstanding that the Authority would not themselves have the power to do that thing.
Constitution of the Authority: Transitional provision
6
1
The Secretary of State shall, as soon as reasonably practicable after the coming into force of this Order, appoint a person to serve until 31st December 1997 as the additional member of the Authority under section 6(1) of the Order of 1973 as amended by article 3(d) above.
2
That person shall be appointed from among such persons as are mentioned in section 6(3)(b) of the Order of 1973 as amended by article 3(f) above.
Repeals
7
The following provisions of the Order of 1973 are hereby repealed —
section 12 (Power to acquire undertakings); and
section 74 (For protection of The British Aluminium Company Limited).
Signed by authority of the Secretary of State for Transport
J D Henes
An Under Secretary in the
Department of Transport
31st May 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Chichester Priority Care Services National Health Service Trust (Transfer of Trust Property) Order 1996 and shall come into force on 28th March 1996.
2
In this Order —
“the Authority” means the West Sussex Health Authority;
“the Trust” means the Chichester Priority Care 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 Authority and the Trust on 21st December 1995, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 28th March 1996 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State,
Department of Health
5th March 1996


text:
Citation and commencement
1
This Order may be cited as the Hull and Holderness Community Health National Health Service Trust (Establishment) Amendment Order 1996, and shall come into force on 6th April 1996.
Amendment of Establishment Order
2
In Article 3 of the Hull and Holderness Community Health National Health Service Trust (Establishment) Order 1993 (functions of the trust) —
a
in paragraph (1) for “section 5(1)(a)” there shall be substituted “section 5(1)(b)”; and
b
in paragraph (2) for “to own” there shall be substituted “to provide”.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State,
Department of Health
27th March 1996


text:
1
This Order may be cited as the A501 Trunk Road (Marylebone Road, Westminster) (Temporary Prohibition of Traffic) Order 1996 and shall come into force on the 11th March 1996.
2
This Order is made because the Traffic Director for London is satisfied that traffic on the roads, mentioned in the schedule to this Order should be prohibited 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 11th March 1996 for a period of three months or when those works have been completed, whichever is the sooner, the prohibitions specified in article 4 below shall have effect.
4
Subject to the provisions of article 5 below, no person shall cause or permit any vehicle to enter or proceed in the lengths of road specified in the schedule to this Order.
5
1
The prohibitions specified in article 4 above shall apply only during such times and to such extent as shall from time to time be indicated by traffic signs specified by regulations or authorised under section 64 of the Road Traffic Regulation Act 1984.
2
The prohibitions specified in article 4 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.
6
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 the schedule to this Order.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
11 March 1996


text:
1
This Order may be cited as the Education (Coleg Normal Bangor Higher Education Corporation) (Dissolution) Order 1996 and shall come into force on 1st August 1996.
2
In this Order —
“ the Act ” means the Education Reform Act 1988; and
“the Corporation” means Coleg Normal Bangor Higher Education Corporation.
3
1
The Corporation is dissolved.
2
The property, rights and liabilities of the Corporation, other than rights and liabilities under any contract of employment, are transferred to and vest in University College of North Wales, Bangor.
4
Section 127 of the Act shall apply in respect of any person employed immediately before 1st August 1996 by the Corporation to work solely at the institution conducted by the Corporation as if the references in that section —
a
to the transfer date were to 1st August 1996;
b
to the transferor authority were to the Corporation; and
c
to the Corporation were to University College of North Wales, Bangor.
William Hague
Secretary of State for Wales
29th April 1996


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Genetically Modified Organisms (Contained Use) (Amendment) Regulations 1996 and shall come into force on 27th April 1996.
2
In these Regulations, “the principal Regulations ” means the Genetically Modified Organisms (Contained Use) Regulations 1992 .
Amendments to the principal Regulations
2
1
The principal Regulations shall be amended in accordance with Schedule 1 to these Regulations.
2
The Schedule set out in Schedule 2 to these Regulations shall be substituted for Schedule 2 to the principal Regulations.
John Selwyn Gummer
Secretary of State,
Department of the Environment
27th March 1996


text:
1
This Order may be cited as the Pensions Act 1995 (Commencement) (No. 5) Order 1996.
2
In this Order —
a
every reference to a section by number alone means the section so numbered in the Matrimonial Causes Act 1973 ;
b
all words and phrases defined in section 25D(3) and (4) have the meanings assigned by that section.
3
Subject to the following articles of this Order, section 166 of the Pensions Act 1995 shall come into force on the following dates: —
a
in relation to the amendment to the Matrimonial Causes Act 1973 consisting of the insertion of section 25D(2), (3) and (4), the day following the day on which this Order was made;
b
for all other purposes, 1st August 1996.
4
1
Subject to paragraph (2), sections 25B and 25C shall have effect in relation to applications for an order under section 23 —
a
which are made on or after 1st August 1996, or
b
which are made before that date and amended on or after that date pursuant to rule 3 of the Family Proceedings (Amendment) (No. 2) Rules 1996 so as to include provision under section 25B or 25C.
2
Where a petition for divorce, nullity of marriage or judicial separation was presented before 1st July 1996 the Matrimonial Causes Act 1973 shall have effect in relation to those proceedings, including any answer or cross petition filed in those proceedings, as if section 166 of the Pensions Act 1995 had not come into force.
5
No order under section 23 shall be made requiring the trustees or managers of a pension scheme to make periodical payments to the party without pension rights with effect from a date earlier than 6th April 1997.
Mackay of Clashfern, C.
Dated 26th June 1996


text:
Commencement and citation
1
This Order may be cited as the A41 Trunk Road (Barnet) Red Route (Prescribed Route) Experimental Traffic Order 1996, and shall come into force on 25th January 1996.
2
Save as provided in article 3 below, No person shall cause any vehicle proceeding west bound to enter the area of carriageway situated at or adjacent to the junction of the A41 Hendon Way and Ridge Hill in the London Borough of Barnet which lies between the eastern kerb line of A41 Hendon Way and a line between the western boundaries of 60 and 73 Ridge Hill.
3
The provisions of article 2 shall not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Power to modify or suspend this Order
4
In pursuance of section 10(2) of the Road Traffic Regulation Act 1984, the Traffic Director for London, or some person authorised by him, may, if it appears to him or that other person essential in the interests of the expeditious, convenient and safe movement of traffic, or of the provision of suitable and adequate parking facilities on the highway, or for preserving or improving the amenities of the area through which any road affected by this Order runs, and after consulting with the Commissioner of Police of the Metropolis, modify or suspend any provision of this Order, save that no modification shall make an addition.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
12th January 1996


text:
1
This Order may be cited as the A57 Trunk Road (Rotherham/Sheffield Boundary to Swallownest Roundabout) (Detrunking) Order 1996 and shall come into force on 29th March 1996.
2
In this Order —
i
“classified road” as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the trunk road” means the A57 Trunk Road.
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a classified road from the date on which the Order comes into force.
Signed by authority of the Secretary of State for Transport
K. A. Lasbury
Director Northern Network Management Division The Highways Agency
26th February 1996


text:
Citation, commencement and duration
1
1
These Regulations may be cited as the Income Support (Pilot Scheme) Regulations 1996 and shall come into force on 8th July 1996.
2
These Regulations shall have effect for the period beginning on 8th July 1996 and ending on 4th July 1997.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“the Claims and Payments Regulations ” means the Social Security (Claims and Payments) Regulations 1987 ;
“benefit” means income support, unemployment benefit or any earnings credited to a person in respect of a week of unemployment pursuant to regulation 9(1) of the Social Security (Credits) Regulations 1975 or, if income support is received in respect of the same benefit week as unemployment benefit, both of those benefits and “receiving benefit” means receiving benefit which that person has claimed and received as an unemployed person;
“benefit week” has the same meaning as in paragraph 4 of Schedule 7 to the Claims and Payments Regulations;
“employment interview” means an interview in respect of which a relevant person has received written notice, requesting him to report at a specific time, place and date to an employment officer for an interview in connection with that person’s prospects of employment and “first employment interview” means the first employment interview attended by the relevant person on or after 9th April 1996;
“employment officer” means a person who is an employment officer for the purposes of section 9 or 10 of the Jobseekers Act 1995;
“Project Work” means the programme provided in pursuance of arrangements made by the Secretary of State under section 2 of the Employment and Training Act 1973 and known as Project Work;
“relevant person” means a person to whom regulation 3 applies.
2
In these Regulations, unless the context otherwise requires, a reference —
a
to a numbered regulation is to the regulation of these Regulations bearing that number;
b
in a regulation to a numbered paragraph is to the paragraph in that regulation bearing that number;
c
in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number.
Application
3
1
These Regulations shall apply to any person who —
a
receives, or has received, a written request to attend an employment interview to take place on or after 9th April 1996 at an appropriate office and is, or was, aged 18 or over but under 51 as at the date upon which he receives or received that written request; and
b
is, or was, receiving income support as at the date upon which he receives or received the written request referred to in sub-paragraph (a) and has, or had been, receiving benefit for a period of not less than two years as at that date —
i
without any period of interruption; or
ii
with a period of interruption which did not exceed 14 days; or
iii
with a number of periods of interruption, none of which exceeded 14 days; and
c
attends an appropriate office, or is required to attend such an office at any time during the period no earlier than 13 weeks following the date upon which he attended a first employment interview but no later than 26 weeks following that date.
2
In this regulation, “appropriate office” means an office of the Department for Education and Employment which is identified in the Schedule to these Regulations and at which the person to whom paragraph (1) applies is required to attend in accordance with a direction given pursuant to regulation 8 of the Claims and Payments Regulations (attendance in person).
Requirement to participate in Project Work
4
1
Subject to paragraph (3) and except where the relevant person’s failure to participate in Project Work is attributable to the circumstances specified in regulation 6(2), a relevant person shall be required to participate in Project Work for the period specified in paragraph (4) where —
a
he has attended an employment interview (other than a first employment interview) on or after the date these Regulations come into force; and
b
at that interview, he was given a notice in writing advising him that if he failed to participate in Project Work, he would be liable to be not treated as available for employment for the purpose of entitlement to income support.
2
The requirement in paragraph (1) to participate in Project Work shall apply from the date specified in the notice referred to in sub-paragraph (b) of that paragraph.
3
Paragraph (1) shall not apply in the case of a person —
a
for whom there is no place available on Project Work; or
b
who has already participated in Project Work for the period specified in paragraph (4).
4
The specified period is —
a
one continuous period of 13 weeks; or
b
two or more periods amounting in total to 13 weeks.
Sanction for not participating in Project Work
5
1
Where a relevant person, without good cause and except where any of the circumstances specified in regulation 6(2) apply in his case —
a
refuses to accept a place on Project Work when offered to him after that place has been notified to him by an employment officer as vacant or about to become vacant; or
b
gives up a place on Project Work before the expiry of the period during which he is required to participate in the programme; or
c
fails to participate, or to continue to participate, in Project Work,
he shall not be treated as available for employment for the purpose of entitlement to income support for the period specified in paragraph (5).
2
A relevant person shall also not be treated as available for employment for the purpose of entitlement to income support for the period specified in paragraph (5) where he loses his place on Project Work through his misconduct.
3
For the purposes of paragraph (1)(c) and of regulation 6(2), a relevant person shall be taken to have failed to participate or to continue to participate in Project Work where he fails to attend at the time and at the place where he is required to attend for the purposes of Project Work.
4
A determination that a relevant person is not to be treated as available for employment under paragraph (1) or (2) shall apply from the first day of the benefit week following the date of that determination for a period not exceeding the appropriate period determined in accordance with paragraph (5).
5
The determination referred to in paragraph (4) shall apply —
a
on the first occasion the circumstances specified in paragraph (1) or (2) apply to a relevant person —
i
for the number of days corresponding with the number of days during which the relevant person had failed to participate, or to continue to participate in Project Work; or
ii
for the number of days specified in head (i) of this sub-paragraph and preceding the date upon which the relevant person had expressed an intention to resume or commence participation in Project Work and there was no place available on Project Work for that person on that date; or
iii
for 14 days,
whichever amounts to the shorter period;
b
on any subsequent occasion the circumstances specified in paragraph (1) or (2) apply to a relevant person —
i
for the number of days corresponding with the number of days during which the relevant person had failed to participate, or to continue to participate in Project Work; or
ii
for the number of days specified in head (i) of this sub-paragraph and preceding the date upon which the relevant person expressed an intention to resume or commence participation in Project Work and there was no place available on Project Work for that person on that date; or
iii
for 28 days,
whichever amounts to the shorter period.
6
A person not treated as available for employment in accordance with this regulation shall, for the purposes of the Income Support (General) Regulations 1987 , be treated as if he was a person not treated as available for employment in accordance with regulation 10(1) of those Regulations (persons not treated as available for employment).
Circumstances in which a relevant person is not required to participate or to continue to participate in Project Work
6
1
This regulation shall have effect for the purposes of regulations 4(1) and 5(1).
2
Without prejudice to any other circumstances in which a person may not be required to participate or to continue to participate in Project Work, a relevant person shall not be required to participate, or to continue to participate, in Project Work if, and to the extent that, his failure to participate or to continue to participate, is attributable to any of the following circumstances —
a
the relevant person in question was suffering from some disease or bodily or mental disablement on account of which —
i
he was not able to participate or to continue to participate in Project Work;
ii
if he had participated or continued to participate in Project Work he would have put at risk his health; or
iii
if he had participated or continued to participate in Project Work, he would have put at risk the health of other persons;
b
the relevant person had given up a place on Project Work and, had he continued to participate in Project Work, he would have, or would have been likely to have, put his health or safety seriously at risk;
c
the relevant person’s failure to participate or to continue to participate resulted from a religious or conscientious objection sincerely held;
d
the time it took, or would normally have taken, for the relevant person to travel from his home to the place where Project Work was taking place and back to his home by a route and means appropriate to his circumstances and to the programme exceeded, or would normally have exceeded, one hour in either direction or, where no appropriate place on Project Work is available within one hour of his home, such greater time as is necessary in the particular circumstances of the nearest appropriate place on Project Work;
e
the relevant person had caring responsibilities and —
i
no close relative of the person he cared for and no other member of that person’s household was available to care for him; and
ii
in the circumstances of the case, it was not practical for the relevant person to make other arrangements for the care of that person;
f
the relevant person was attending court as a party to any proceedings, or as a witness or as a juror;
g
the relevant person was arranging or attending the funeral of a close relative or close friend;
h
the relevant person was engaged in —
i
the manning or launching of a lifeboat; or
ii
the performance of duty as a part-time member of a fire brigade;
i
the relevant person was required to deal with some domestic emergency; or
j
the relevant person was engaged during an emergency in duties for the benefit of others.
3
For the purposes of paragraph (2) (e) —
“caring responsibilities” means responsibility for caring for a child or for an elderly person or for a person whose physical or mental condition requires him to be cared for, who is either in the same household or a close relative;
“close relative” means a spouse or other member of an unmarried couple, parent, step-parent, grandparent, parent-in-law, son, step-son, son-in-law, daughter, step-daughter, daughter-in-law, brother, sister, grandchild or the spouse of any of the preceding persons or, if that person is one of an unmarried couple, the other member of that couple.
4
For the purposes of paragraph (2) (j) —
a
a person is engaged in duties for the benefit of others while —
i
providing assistance to any person whose life may be endangered or who may be exposed to the risk of serious bodily injury or whose health may be seriously impaired;
ii
protecting property of substantial value from imminent risk of serious damage or destruction; or
iii
assisting in measures being taken to prevent a serious threat to the health of the people;
iv
acting as a member of a group of persons organised wholly or partly for the purpose of providing such assistance or, as the case may be, protection;
b
events which may give rise to an emergency include —
i
a fire, flood or an explosion;
ii
a natural catastrophe;
iii
an accident at sea;
iv
a railway or other transport accident;
v
a cave or mountain accident;
vi
a person being reported missing and the organisation of a search for that purpose.
5
For the purposes of paragraph (2), a relevant person shall not be required to participate, or to continue to participate, in Project Work only for so long as the circumstances specified in that paragraph continue to apply.
Signed by authority of the Secretary of State for Social Security.
Roger Evan s
Parliamentary Under-Secretary of State,
Department of Social Security
8th May 1996


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Home Repair Assistance Regulations 1996 and shall come into force on 17th December 1996.
2
In these Regulations —
“assistance”(except in regulation 4) means home repair assistance
“property” means a dwelling, house-boat or mobile home.
Making applications for assistance
2
1
All applications for assistance shall be in writing and shall contain the information specified in Part I of Schedule I.
2
An application for assistance made in respect of a house-boat shall contain the information specified in Part II of Schedule I.
3
An application for assistance made in respect of a mobile home shall contain the information specified in Part III of Schedule I.
Dealing with applications for assistance
3
Applications for assistance shall be dealt with in accordance with Schedule 2.
Applications of Regulations
4
These Regulations shall not have effect in relation to applications for assistance for minor works under section 131 of the Local Government and Housing Act 1989 made before these Regulations come into force.
Signed by authority of the Secretary of State
David Curry
Minister of State
Department of the Environment
15th November 1996
William Hague
Secretary of State for Wales.
18th November 1996


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Environmental Protection (Controls on Substances that Deplete the Ozone Layer) Regulations 1996 and shall come into force on 29th March 1996.
2
These Regulations shall apply to Northern Ireland in so far as they relate to importation.
Interpretation
2
1
In these Regulations —
“the 1974 Act ” means the Health and Safety at Work etc. Act 1974 ;
“authorised person” means a person authorised by the Secretary of State for any purpose of these Regulations;
“customs officer” means any officer within the meaning of the Customs and Excise Management Act 1979 ;
“health and safety inspector” means an inspector appointed under section 19 of the 1974 Act;
“the principal Regulation ” means Council Regulation ( EC ) No. 3093/94 on substances that deplete the ozone layer .
2
Unless the context otherwise requires —
a
expressions used in these Regulations shall have the meaning they bear in the principal Regulation; and
b
any reference in these Regulations to an Article is to an Article of the principal Regulation.
The competent authority
3
The Secretary of State shall be the competent authority for the purposes of the principal Regulation.
Direction
4
The Secretary of State directs that any prohibition on importation into the United Kingdom imposed by Article 5(5) shall be treated as imposed under section 140(1)(a) of the Environmental Protection Act 1990 and the power conferred on him by regulation 8 shall be exercisable accordingly.
Prohibitions and restrictions on importation, landing and unloading.
5
1
No person shall import into the United Kingdom a controlled substance unless a licence, permitting the release for free circulation in the Community or inward processing of that controlled substance, has been issued by the Commission under Article 6(1).
2
No person shall import into the United Kingdom a controlled substance whose release for free circulation in the Community is prohibited by Article 8.
3
No person shall import into the United Kingdom a product whose release for free circulation in the Community is prohibited by Article 9.
4
Subject to paragraph (5), no person shall knowingly land or unload a controlled substance, a product or equipment which has been imported contrary to paragraphs (1) to (3) above or Article 5(5).
5
Paragraph (4) shall not apply to an authorised person who is exercising any of the powers prescribed in regulation 9 for the purpose of carrying these Regulations into effect.
Duty with respect to Articles 14 and 15
6
It shall be the duty of any person having control of the controlled substances mentioned in Articles 14 and 15 to comply with those provisions.
Power of customs officer to detain controlled substances and products
7
1
A customs officer may detain a controlled substance or product imported, landed or unloaded in contravention of regulation 5, or equipment imported in contravention of Article 5(5).
2
Anything detained under this regulation shall be dealt with during the period of its detention in such a manner as the Commissioners of Customs and Excise may direct.
Powers of the Secretary of State
8
The Secretary of State may require a person who has imported, landed or unloaded a controlled substance or product in contravention of regulation 5, or imported equipment in contravention of Article 5(5) —
a
to dispose of it without causing pollution of the environment or harm to human health or to the health of animals or plants or otherwise to render it harmless, or
b
to remove it from the United Kingdom,
and such a person shall comply with that requirement.
Powers of authorised persons
9
1
Subject to paragraph (9) below, an authorised person may, on production (if so required) of his authority, exercise any of the powers in paragraph (2) below for the purpose of carrying these Regulations into effect.
2
The powers of an authorised person are —
a
at any reasonable time to enter premises, other than premises used wholly or mainly for residential purposes, which he has reason to believe it is necessary for him to enter;
b
on entering any premises by virtue of sub-paragraph (a) above to take with him —
i
if the authorised person has reasonable cause to apprehend any serious obstruction in the execution of his duty, a constable; and
ii
any equipment or materials required for any purpose for which the power of entry is being exercised;
c
to make such examination and investigation as may in any circumstances be necessary;
d
as regards any premises which he has power to enter, to direct that those premises or any part of them, or anything in them, shall be left undisturbed (whether generally or in particular respects) for so long as is reasonably necessary for the purpose of any examination or investigation under sub-paragraph (c) above;
e
to take such measurements and photographs and make such recordings as he considers necessary for the purpose of any examination or investigation under sub-paragraph (c) above;
f
to take samples of any articles or substances found in or on any premises which he has power to enter;
g
in the case of any article or substance found in or on any premises which he has power to enter, being an article or substance which appears to him to have caused or to be likely to cause pollution of the environment or harm to human health or to the health of animals or plants, to cause it to be dismantled or subjected to any process or test (but not so as to damage or destroy it unless this is necessary);
h
in the case of any such article or substance as is mentioned in sub-paragraph (g) above, to take possession of it and detain it for so long as is necessary for all or any of the following purposes, namely —
i
to examine it and do to it anything which he has power to do under that sub-paragraph;
ii
to ensure that it is not tampered with before his examination of it is completed;
iii
to ensure that it is available for use as evidence in any proceedings for an offence under regulation 11 below;
i
to require any person whom he has reasonable cause to believe to be able to give any information relevant to any examination or investigation under sub-paragraph (c) above to answer (in the absence of anyone, other than someone nominated by that person to be present and anyone whom the authorised person may allow to be present) such questions as the authorised person thinks fit to ask and to sign a declaration of the truth of his answers;
j
to require the production of, or where the information is recorded in computerised form, the furnishing of extracts from, any records which it is necessary for him to see for the purposes of any examination or investigation under sub-paragraph (c) above and to inspect and take copies of, or of any entry in, the records;
k
to require any person to afford him such facilities and assistance with respect to any matters or things within that person’s control or in relation to which that person has responsibilities as are necessary to enable the authorised person to exercise any of the powers conferred on him by this regulation.
3
Where an authorised person proposes to exercise the power conferred by paragraph (2)(g) above in the case of an article or substance found in or on any premises, he shall, if so requested by a person who at the time is present on and has responsibilities in relation to those premises, cause anything which is to be done by virtue of that power to be done in the presence of that person.
4
Before exercising the power conferred by paragraph (2)(g) above in the case of any article or substance, an authorised person shall consult such persons as appear to him appropriate for the purpose of ascertaining what dangers, if any, there may be in doing anything which he proposes to do under the power.
5
Where under the power conferred by paragraph (2)(h) above an authorised person takes possession of any article or substance found on any premises, he shall leave there, either with a responsible person or, if that is impracticable, fixed in a conspicuous position, a notice giving particulars of that article or substance sufficient to identify it and stating that he has taken possession of it under that power; and before taking possession of any such substance under that power an authorised person shall, if it is practical for him to do so, take a sample of it and give to a responsible person at the premises a portion of the sample marked in a manner sufficient to identify it.
6
No answer given by a person in pursuance of a requirement imposed under paragraph (2)(i) shall be admissible in evidence in England, Wales or Northern Ireland against that person in any proceedings, or in Scotland against that person in any criminal proceedings.
7
Nothing in this regulation shall be taken to compel the production by any person of a document of which he would on grounds of legal professional privilege be entitled to withhold production on an order for discovery in an action in the High Court or, in relation to Scotland, on an order for the production of documents in an action in the Court of Session.
8
No person shall —
a
intentionally prevent any other person from appearing before an authorised person under paragraph (2)(i) or from answering any question to which an authorised person may by virtue of paragraph (2)(i) require an answer;
b
intentionally obstruct an authorised person in the exercise or performance of his powers or duties; or
c
falsely pretend to be an authorised person.
9
The reference to “these Regulations” in paragraph (1) above does not include a reference to regulation 6, in so far as that regulation relates to Article 15(1) and (2).
Enforcement of Articles 5(1) to (4) and regulation 6, in so far as that regulation relates to Article 15(1) and (2)
10
Sections 18 to 26 of the 1974 Act and regulations made under section 18 of that Act shall apply to any requirement or prohibition imposed upon any person by Article 5(1) to (4) and regulation 6, in so far as that regulation relates to Article 15(1) and (2), as if the requirement or prohibition were imposed by regulations made under section 15 of that Act.
Offences
11
1
Any person who uses, or causes or permits another person to use, a hydrochlorofluorocarbon in contravention of Article 5(1) to (4) commits an offence.
2
Any person who supplies, or causes or permits another person to supply equipment in contravention of Article 5(5) commits an offence.
3
Any person who contravenes, or causes or permits another person to contravene, regulation 5 commits an offence.
4
Any person who knowingly supplies information that is false in a material particular for the purpose of obtaining a licence issued by the Commission under Article 6(1) commits an offence.
5
Any person who fails to discharge a duty to which he is subject by virtue of regulation 6 commits an offence.
6
Any person who intentionally obstructs a customs officer in the exercise of his powers under regulation 7 commits an offence.
7
Any person who fails to comply with regulation 8 or causes or permits another person to fail to comply with that regulation commits an offence.
8
Any person who —
a
without reasonable excuse fails to comply with any requirement imposed under regulation 9(2), or
b
makes a statement which he knows to be false or misleading in a material particular, where the statement is made in purported compliance with a requirement to furnish information imposed under regulation 9(2)(i),
commits an offence.
9
Any person who contravenes, or causes or permits another person to contravene, regulation 9(8) commits an offence.
10
Where a health and safety inspector, under sections 20 and 21 of the 1974 Act, exercises his powers for the purposes of enforcing Articles 5(1) to (4) and regulation 6, in so far as that regulation relates to Article 15(1) and (2), any person who —
a
fails to comply with an improvement notice served under section 21 of the 1974 Act including any such notice as modified on appeal,
b
without reasonable excuse fails to comply with any requirement imposed under section 20 of the 1974 Act,
c
prevents any other person from appearing before or from answering any question to which a health and safety inspector, by virtue of section 20 of the 1974 Act, may require an answer, or
d
intentionally obstructs a health and safety inspector in the exercise or performance of his powers or duties under section 20 of the 1974 Act,
commits an offence.
Offences by corporations etc.
12
1
Where an offence under regulation 11 above which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or any other person purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
2
Where the affairs of a body corporate are managed by its members, paragraph (1) above shall apply in relation to the acts or defaults of a member in connection with his functions of management as if he were a director of the body corporate.
3
Where, in Scotland, an offence under regulation 11 above which has been committed by a Scottish partnership or an unincorporated association (other than a partnership) is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, a partner in the partnership or, as the case may be, a person concerned in the management or control of the association, he, as well as the partnership or association, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Penalties
13
A person who —
a
commits an offence under regulation 11(1) to (5), (7), (8)(b) and (10)(a) shall be liable, on summary conviction, to a fine not exceeding level 5 on the standard scale or, on conviction on indictment, to a fine.
b
commits an offence under regulation 11(6), (8)(a), (9) and (10)(b) to (d) shall be liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.
Amendment of the Environmental Protection (Non-Refillable Refrigerant Containers) Regulations 1994
14
In the Environmental Protection (Non-Refillable Refrigerant Containers) Regulations 1994 —
a
in regulation 7(2)(i), for the words “(in the absence of persons other than a person nominated to be present and any persons whom the authorised person may allow to be present)” there shall be substituted the words “(in the absence of anyone, other than someone nominated by that person to be present and anyone whom the authorised person may allow to be present)”;
b
there shall be inserted, after regulation 7(4), the following paragraph —
5
No person shall —
a
intentionally prevent any other person from appearing before an authorised person under paragraph (2)(i) or from answering any question to which an authorised person may by virtue of paragraph (2)(i) require an answer;
b
intentionally obstruct an authorised person in the exercise or performance of his powers or duties; or
c
falsely pretend to be an authorised person.
;
c
sub-paragraphs (b) and (c) of regulation 8(2) shall be omitted; and
d
for sub-paragraph (e) of regulation 8(2) there shall be substituted the following —
e
contravenes, or causes or permits another person to contravene, regulation 7(5),
.
John Selwyn Gummer
Secretary of State for the Environment
18th February 1996
William Hague
Secretary of State for Wales
21st February 1996
Lindsay
Parliamentary Under Secretary of State, Scottish Office
28th February 1996
P. B. B. Mayhew
Secretary of State for Northern Ireland
1st March 1996


text:
1
This order may be cited as the Offshore Installations (Safety Zones) (No. 3) Order 1996 and shall come into force on 20th May 1996.
2
A safety zone is hereby established around each installation specified in column 1 of the Schedule hereto (being an installation stationed in waters to which subsection (7) of section 21 of the Act applies) having a radius of five hundred metres from the point as respects that installation which has the co-ordinates of latitude and longitude according to European Datum (1950) specified in columns 2 and 3 of the Schedule.
Signed by authority of the Secretary of State.
Paul Beresford
Parliamentary Under Secretary of State,
Department of the Environment.
29th April 1996


text:
Citation and commencement
1
This Order may be cited as the Children Act 1989 (Amendment) (Children’s Services Planning) Order 1996 and shall come into force on 1st April 1996.
Amendment of the Children Act 1989
2
After paragraph 1 of Schedule 2 to the Children Act 1989 (local authority support for children and families) there shall be inserted the following paragraph —
Children’s services plans
1A
1
Every local authority shall, on or before 31st March 1997 —
a
review their provision of services under sections 17, 20, 21, 23 and 24; and
b
having regard to that review and to their most recent review under section 19, prepare and publish a plan for the provision of services under Part III.
2
Every local authority —
a
shall, from time to time review the plan prepared by them under sub-paragraph (1)(b) (as modified or last substituted under this sub-paragraph), and
b
may, having regard to that review and to their most recent review under section 19, prepare and publish —
i
modifications (or, as the case may be, further modifications) to the plan reviewed; or
ii
a plan in substitution for that plan.
3
In carrying out any review under this paragraph and in preparing any plan or modifications to a plan, a local authority shall consult —
a
every health authority the whole or any part of whose area lies within the area of the local authority;
b
every National Health Service trust which manages a hospital, establishment or facility (within the meaning of the National Health Service and Community Care Act 1990) in the authority’s area;
c
if the local authority is not itself a local education authority, every local education authority the whole or any part of whose area lies within the area of the local authority;
d
any organisation which represents schools in the authority’s area which are grant-maintained schools or grant-maintained special schools (within the meaning of the Education Act 1993) ;
e
the governing body of every such school in the authority’s area which is not so represented;
f
such voluntary organisations as appear to the local authority —
i
to represent the interests of persons who use or are likely to use services provided by the local authority under Part III; or
ii
to provide services in the area of the local authority which, were they to be provided by the local authority, might be categorised as services provided under that Part.
g
the chief constable of the police force for the area ;
h
the probation committee for the area ;
i
such other persons as appear to the local authority to be appropriate; and
j
such other persons as the Secretary of State may direct.
4
Every local authority shall, within 28 days of receiving a written request from the Secretary of State, submit to him a copy of —
a
the plan prepared by them under sub-paragraph (1); or
b
where that plan has been modified or substituted, the plan as modified or last substituted.
.
John Bowis
Parliamentary Under Secretary of State
Department of Health
13th March 1996


text:
1
This Order may be cited as the Further and Higher Education Act 1992 (Commencement No. 3) Order 1996.
2
Section 93(1) of the Further and Higher Education Act 1992 (“the Act”), so far as it relates to paragraph 10 of Schedule 8 to the Act and is not already in force, shall come into force on 1st August 1996.
3
Section 55(1) to (3) and (7)(b) of the Act shall (so far as not already in force) come into force on 1st August 1996.
Signed by authority of the Secretary of State for Wales
Jonathan Evans
Parliamentary Under Secretary of State, Welsh Office
9th July 1996