text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Education (Individual Pupils' Achievements) (Information) (Amendment) Regulations 1996 and shall come into force on 21st May 1996.
2
Any reference in these Regulations to the principal Regulations is a reference to the Education (Individual Pupils' Achievements) (Information) Regulations 1993 .
Amendment of the principal Regulations
2
Regulation 4 of the principal Regulations (head teacher’s report to parents and adult pupils) shall be amended by the insertion after paragraph (4A) of the following paragraph —
4AA
In the case of the pupils registered at the school in the final year of the second key stage there shall be included in the report the information specified in paragraph 2 of Schedule 2A relating to the educational achievements of all pupils at schools in England who were in the final year of that key stage in the preceding school year and whose achievements were assessed or examined, as the case may be, in that preceding school year.
.
3
1
Regulation 6 of the principal Regulations (school leaver’s report) shall be amended as follows.
2
In paragraph (2) —
a
sub-paragraph (c) shall be omitted; and
b
in sub-paragraph (d) there shall be omitted the word “other” and there shall be inserted after “curriculum” the words “(other than those in relation to any public examination or vocational qualification)”.
3
In paragraph (3) there shall be substituted for “ “School Achievements” ” the words “ “Achievements in Education” ” and there shall be omitted the words from “and the information” to the end of the paragraph.
4
In paragraph (4) there shall be substituted for the words from “, and that part of the form” to the end of the paragraph, the words “and by a teacher who is familiar with the pupil and his achievements”.
4
In paragraph 1(3) of Schedule 1 to the principal Regulations (information about individual pupils) there shall be substituted for “, “Writing” , “Spelling” and “Handwriting” ” the words “and “Writing” ” and for “such attainment targets” there shall be substituted the words “the attainment targets of “Reading” and “Writing””.
5
There shall be substituted for paragraph 1(2) of Schedule 2 to the principal Regulations (information about pupils at the school) the following sub-paragraph —
2
The percentages of registered pupils in the final year of the first key stage at each level in —
a
each of the attainment targets in English entitled “Reading” and “Writing” shown as determined by teacher assessment and by NC tests;
b
mathematics shown as determined by teacher assessment and by NC tests;
c
the attainment target in English entitled “Speaking and Listening” shown as determined by teacher assessment; and
d
science shown as determined by teacher assessment.
.
6
1
Schedule 2A to the principal Regulations (information about pupils at schools in England) shall be amended as follows.
2
For paragraph 1(2) there shall be substituted the following sub-paragraph —
2
The percentages of such pupils who achieved each level of attainment in —
a
each of the attainment targets in English entitled “Reading” , “Writing” , “Spelling” and “Handwriting” shown as determined by teacher assessment and by NC tests;
b
mathematics shown as determined by teacher assessment and by NC tests;
c
the attainment target in English entitled “Speaking and Listening” shown as determined by teacher assessment; and
d
science shown as determined by teacher assessment.
.
3
In the heading before paragraph 2 there shall be inserted before “THIRD” the words “SECOND OR” .
4
In paragraph 2(1) there shall be substituted for “third key stage” the words “second or third key stage, as the case may be,” .
7
For Schedule 3 there shall be substituted the Schedule set out in Schedule 1 to these Regulations.
Minor amendments to the principal Regulations
8
The principal Regulations shall be amended in accordance with Schedule 2 to these Regulations.


type: legislation

jurisdiction: UK

text:
PART I
GENERAL
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Jobseeker’s Allowance (Amendment) Regulations 1996 and shall come into force on 7th October 1996, immediately following the coming into force of the Jobseeker’s Allowance Regulations 1996 .
2
In these Regulations —
“ the Act ” means the Jobseekers Act 1995;
“the Jobseeker’s Allowance Regulations ” means the Jobseeker’s Allowance Regulations 1996.
“Full-time student”
2
1
Regulation 1(3) of the Jobseeker’s Allowance Regulations shall be amended in accordance with the following provisions of this regulation.
2
In the definition of “full-time student”, in sub-paragraph (i) of paragraph (b), the words “(not being higher education)” shall be omitted and at the end there shall be added the words “or a full-time course of study which is a course of higher education and is funded in whole or in part by the Secretary of State for Scotland;”.
3
In the definition of “full-time course of advanced education”, in paragraph (a), the words “(not being higher education)” shall be omitted and at the end there shall be added the words “or a full-time course of study which is a course of higher education and is funded in whole or in part by the Secretary of State for Scotland;”.
PART II
JOBSEEKING
Jobseeker’s Agreement treated as having been made
3
In regulation 34 of the Jobseeker’s Allowance Regulations, insert at the end —
e
where the claimant was in receipt of a training allowance and was, in accordance with regulation 170, entitled to an income-based jobseeker’s allowance without being available for employment, having entered into a jobseeker’s agreement or actively seeking employment, for the period beginning with the date on which regulation 170 ceased to apply to him and ending on the date on which he has an interview with an employment officer for the purpose of drawing up a jobseeker’s agreement.
.
Young person
4
The definition of “young person” in regulation 57(1) of the Jobseeker’s Allowance Regulations (interpretation) shall be amended to read as follows:
“young person” means a person who has reached the age of 16 but not the age of 18 and who does not satisfy the conditions in section 2 or whose entitlement to a contribution-based jobseeker’s allowance has ceased as a result of sub-section (1) of section 5.
.
Voluntary redundancy
5
In sub-paragraph (a) of paragraph (1) of regulation 71 of the Jobseeker’s Allowance Regulations (voluntary redundancy) delete the word “or” and at the end of sub-paragraph (b) insert the words
or
c
where he has been laid off or kept on short-time to the extent specified in sub-section (1) of section 88 of the Employment Protection (Consolidation) Act 1978 , and has complied with the requirements of that section.
.
Good cause for the purposes of section 19(5)(b)
6
In paragraph (2) of regulation 73 of the Jobseeker’s Allowance Regulations insert at the end:
j
the claimant gave up a place on a training scheme or an employment programme and if he had continued to participate in it he would have, or would have been likely to have, put his health and safety at risk.
.
Person in receipt of a training allowance
7
After regulation 74 of the Jobseeker’s Allowance Regulations there shall be inserted the following regulation:
Person in receipt of a training allowance
74A
1
An income-based jobseeker’s allowance shall be payable to a claimant even though section 19 prevents payment of a jobseeker’s allowance to him where the claimant is in receipt of a training allowance and is not receiving training falling within paragraph (2) of regulation 170 but the jobseeker’s allowance shall be payable only if and for so long as he satisfies the conditions of entitlement to an income-based jobseeker’s allowance other than those which he is not required to meet by virtue of regulation 170.
2
An income-based jobseeker’s allowance which is payable to a claimant in accordance with this regulation shall be payable to him at the full rate applicable in his case.
.
Minor amendments
8
The provisions of the Jobseeker’s Allowance Regulations specified in column (1) of Part I of the Schedule to these Regulations shall be amended to the extent specified in column (2) of that Schedule.
PART III
MISCELLANEOUS
Remunerative work
9
1
Regulation 51 of the Jobseeker’s Allowance Regulations (remunerative work) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1), in sub-paragraph (b) at the end, there shall be added —
and
c
in the case of a non-dependant, or of a child or young person to whom paragraph 18 of Schedule 6 refers, work in which he is engaged or, where his hours of work fluctuate, is engaged on average, for not less than 16 hours per week,
.
3
In paragraph (3)(c)(i) the words “under section 64 of the Benefits Act”, and in paragraph (3)(c)(ii) the words “to which section 64 of the Benefits Act applies”, shall be omitted.
4
In paragraph (3)(c)(iii), for the words “Benefits Act”, there shall be substituted the words
Benefits Act; or
a person who has claimed either attendance allowance or disability living allowance and has an award of attendance allowance or the care component of disability living allowance at one of the two higher rates prescribed under section 72(4) of the Benefits Act for a period commencing after the date on which that claim was made.
.
Persons from abroad
10
1
In paragraph (4) of regulation 85 of the Jobseeker’s Allowance Regulations (special cases) —
a
in the first of the definitions of “person from abroad”, after sub-paragraph (h) there shall be added —
or
i
has been given leave to enter, or remain in, the United Kingdom by the Secretary of State upon an undertaking given by another person or persons in writing in pursuance of immigration rules within the meaning of the Immigration Act 1971 , to be responsible for his maintenance and accommodation; and he has not been resident in the United Kingdom for a period of at least 5 years beginning from the date of entry or the date on which the undertaking was given in respect of him, whichever date is the later; or
j
while he is a person to whom any of the definitions in sub-paragraphs (a) to (i) applies in his case, submits a claim to the Secretary of State, which is not finally determined, for asylum under the Convention ;
.
b
at the end of that definition there shall be added the words —
and for the purposes of this definition “the immigration authorities” means an adjudicator, an immigration officer or an immigration appeal tribunal appointed for the purposes of the Immigration Act 1971 and in addition means the Secretary of State.
;
c
in the second of the definitions of “person from abroad” for the words following “the United Kingdom” up to and including the “Isle of Man”, there shall be substituted the words “the Channel Islands, the Isle of Man or the Republic of Ireland,”.
2
In regulation 147 of those Regulations (urgent cases), for paragraphs (3) to (5) there shall be substituted the following paragraphs —
3
This paragraph applies to a person from abroad within the meaning of regulation 85(4) (special cases) who —
a
is an asylum seeker; and
b
holds a work permit or has written authorisation from the Secretary of State permitting him to work in the United Kingdom.
4
For the purposes of this regulation, a person —
a
is an asylum seeker when he submits on his arrival (other than on his re-entry) in the United Kingdom from a country outside the Common Travel Area, a claim for asylum to the Secretary of State that it would be contrary to the United Kingdom’s obligations under the Convention for him to be removed from, or required to leave, the United Kingdom and that claim is recorded by the Secretary of State as having been made; or
b
becomes, while present in Great Britain, an asylum seeker when —
i
the Secretary of State makes a declaration to the effect that the country of which he is a national is subject to such a fundamental change in circumstances that he would not normally order the return of a person to that country; and
ii
he submits, within a period of 3 months from the day that declaration was made, a claim for asylum to the Secretary of State under the Convention relating to the Status of Refugees; and
iii
his claim for asylum under that Convention is recorded by the Secretary of State as having been made; and
c
ceases to be an asylum seeker —
i
in the case of a claim for asylum which, on or after 5th February 1996, is recorded by the Secretary of State as having been determined (other than on appeal) or abandoned, on the date on which it is so recorded; or
ii
in the case of a claim for asylum which is recorded as determined before 5th February 1996 and in respect of which there is either an appeal pending on 5th February 1996 or an appeal is made within the time limits specified in rule 5 of the Asylum Appeals (Procedure) Rules 1993 , on the date on which that appeal is determined.
5
In this Regulation —
“the Common Travel Area” means the United Kingdom, the Channel Islands, the Isle of Man and the Republic of Ireland collectively;
“the Convention” means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and the Protocol to that Convention;
“work permit” has the meaning it bears in the Immigration Act 1971 by virtue of section 33(1) of that Act.
.
Capital limit
11
For regulation 107 of the Jobseeker’s Allowance Regulations (capital limit) there shall be substituted the following regulation —
107
For the purposes of section 13(1) (no entitlement to an income-based jobseeker’s allowance if capital exceeds a prescribed amount) —
a
except where paragraph (b) applies, the prescribed amount is £8,000;
b
in the case to which regulation 116(1B) applies, the prescribed amount is £16,000.
.
Calculation of tariff income from capital
12
In regulation 116 of the Jobseeker’s Allowance Regulations (calculation of tariff income from capital) —
a
in paragraph (1) at the beginning, there shall be inserted the words “Except in a case to which paragraph (1B) applies,”;
b
after paragraph (1) there shall be inserted the following paragraphs —
1A
In the case of a claimant to whom paragraph (1B) applies and whose capital calculated in accordance with Chapter VI of Part VIII exceeds £10,000, it shall be treated as equivalent to a weekly income of £1 for each complete £250 in excess of £10,000 but not exceeding £16,000.
1B
This paragraph applies where the claimant lives permanently in —
a
a residential care or nursing home, or residential accommodation and that home or accommodation provides board and personal care for the claimant by reason of his disablement, past or present dependence on alcohol or drugs or past or present mental disorder; or
b
an establishment run by the Abbeyfield Society including all bodies corporate or incorporate which are affiliated to that Society; or
c
accommodation provided under section 3 of, and Part II of the Schedule to, the Polish Resettlement Act 1947 (provision of accommodation in camps) where the claimant requires personal care and is provided with it in the accommodation, and in this sub-paragraph, “personal care” means care which includes assistance with bodily functions where such assistance is required.
1C
For the purpose of paragraph (1B), a claimant shall be treated as living permanently in such home or accommodation where he is absent —
a
from a home or accommodation referred to in sub-paragraph (a) or (b) of paragraph (1B) —
i
in the case of a claimant referred to in regulation 19(2) of the Income Support (General) Regulations 1987 for a period not exceeding 52 weeks, and
ii
in any other case, for a period not exceeding 13 weeks;
b
from accommodation referred to in sub-paragraph (c) of paragraph (1B), but intends, with the agreement of the manager of the accommodation, to return to the accommodation in due course.
;
c
in paragraphs (2) and (3) for the words “paragraph (1)”, in each place where they occur, there shall be substituted the words “paragraphs (1) and (1A)”;
d
after paragraph (3) there shall be added the following paragraph —
4
In its application to this regulation, the definition of “residential accommodation” in regulation 85(4) (special cases) shall have effect as if, after the words “subject to the following provisions of this regulation”, there were inserted the words “(except paragraph (6)).”.
Hardship payments
13
1
In regulation 140(1)(h)(ii) of the Jobseeker’s Allowance Regulations (meaning of “person in hardship”) for the words “whichever is the earlier”, there shall be substituted the words —
whichever is the earlier; or
iii
has claimed either attendance allowance or disability living allowance and has an award of either attendance allowance or the care component of disability living allowance at one of the two higher rates prescribed under section 72(4) of the Benefits Act for a period commencing after the date on which that claim was made,
.
2
In regulation 140(5)(a) of those Regulations, after the words “Schedule 1” there shall be inserted the words “or for a disabled child premium specified in paragraph 16 of that Schedule;”.
Provision of information
14
In regulation 144 of the Jobseeker’s Allowance Regulations (provision of information), after the words “For the purposes of” there shall be inserted the words “section 20(5) of and”.
Applicable amount in hardship cases
15
1
In regulation 145(1) of the Jobseeker’s Allowance Regulations (applicable amount in hardship cases), for the words from the beginning up to and including “the following amount — ”, there shall be substituted the words —
1
The weekly applicable amount of a person to whom an income-based jobseeker’s allowance is payable in accordance with this Part of these Regulations shall be reduced by a sum equivalent to 40% or, in a case where the claimant or any other member of his family is either pregnant or is seriously ill, 20% of the following amount —
.
2
Paragraph (2) shall be omitted.
Part-weeks
16
In regulation 151 of the Jobseeker’s Allowance Regulations (amount of a jobseeker’s allowance payable where a person is in a residential care or nursing home), in paragraph (3) at the end there shall be added the words —
“`N' is the number of days in the part-week.”.
Share fishermen
17
In regulation 161 (additional conditions for payment of a jobseeker’s allowance) —
a
for the word “week” in each place where it appears there shall be substituted the words “benefit week”;
b
after paragraph (3) the following paragraph shall be added —
4
In this regulation, “benefit week” in relation to a contribution-based jobseeker’s allowance has the meaning it has in regulation 164 (share fisherman: amount payable) and in relation to an income-based jobseeker’s allowance has the meaning it has in regulation 1(3) (interpretation).
.
Young persons
18
In paragraph 1 of Schedule 1 to the Jobseeker’s Allowance Regulations —
a
in sub-paragraphs (1)(b)(i), (2)(b)(i), (3)(a)(vi), (b)(i), (c)(i) and (f)(i), the words “and is registered in accordance with regulation 62”, in each place where they occur, shall be omitted; and
b
in sub-paragraph (3)(a), for sub-head (iv) there shall be substituted the following sub-heads —
iv
they are married and one member of the couple is a person to whom regulation 59, 60 or 61 applies and the other member is registered in accordance with regulation 62; or
iva
they are married and each member of the couple is a person to whom regulation 59, 60 or 61 applies; or
.
Disregards
19
In paragraph 11 of Schedule 6 to the Jobseeker’s Allowance Regulations (sums to be disregarded in the calculation of earnings) the words “and both members of the couple are aged under 60” shall be omitted.
Minor amendments
20
The provisions of the Jobseeker’s Allowance Regulations specified in column (1) of Part II of the Schedule to these Regulations shall be amended to the extent specified in column (2) of that Schedule.
Signed in connection with Part II of the Regulations by authority of the Secretary of State for Education and Employment.
Eric Forth
Minister of State,
Department for Education and Employment
11th June 1996
Signed in connection with the remainder of the Regulations by authority of the Secretary of State for Social Security.
Roger Evans
Parliamentary Under-Secretary of State,
Department of Social Security
11th June 1996


text:
1
1
This Order may be cited as the A21 Trunk Road (Lamberhurst Bypass) Order 1996 and shall come into force on 1st August 1996.
2
In this Order all measurements of distance are measured along the route of the relevant highway, and “the plan” means the plan numbered HA10/1/SWM/127, marked “The A21 Trunk Road (Lamberhurst Bypass) Order 1996”, signed by authority of the Secretary of State for Transport and deposited at the Department of Transport, Great Minster House, 76 Marsham Street, London SW1P 4DR.
2
The length of highway described in Schedule 1 to this Order and shown by broad black dashes on the plan and the new highway which the Secretary of State proposes to construct along the route described in Schedule 2 to this Order and the centre line of which is indicated by a heavy black line on the plan shall become a trunk road from the date when this Order comes into force.
3
The Secretary of State directs as respects the length of highway described in Schedule 1 to this Order and as respects any part of a highway which crosses the route of the new trunk road that —
a
where the highway is maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question, until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the new trunk road is opened for traffic.
Signed by authority of the Secretary of State for Transport
D. WARD
Director Southern Operations Division Highways Agency
15th July 1996


text:
Citation and commencement
1
These Regulations may be cited as the Education (Grants) (Purcell School) Regulations 1996 and shall come into force on 27th March 1996.
Payment of grant
2
The Secretary of State may before 31st March 1996 pay a grant of such amount as she may determine to the governors of the Purcell School, Harrow (“the School”) in respect of expenditure to be incurred by the governors on or in connection with the purchase of premises to accommodate the School at a different site, or in connection with the transfer of the School to those premises.
Conditions of payment
3
The payment of grant under these Regulations shall be dependent on the fulfilment of such conditions as may be specified by the Secretary of State.
Requirements to be observed
4
Where grant is paid under these Regulations the governors of the School shall comply with such requirements (including requirements as to the repayment of grant or the payment to the Secretary of State of other sums representing the value of the premises purchased with the aid of grant or interest on sums due to her) as may be specified by the Secretary of State.
Cheryl Gillan
Parliamentary Under Secretary of State,
Department for Education and Employment
12th March 1996


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


text:
Citation and commencement
1
This Order may be cited as the Scottish Transport Group (Pension Schemes) Order 1996 and shall come into force on 14th August 1996.
Interpretation
2
1
In this Order, unless the context otherwise requires–
“funds” means all moneys or assets belonging to or from time to time received in respect of the Staff Pension Fund or the Transport Operatives Pension Scheme, as the case may be;
“Scottish Bus Group” means the company of that name established under the Companies Acts and registered in Scotland, number 13181, being a wholly owned subsidiary of Scottish Transport Group;
“Scottish Transport Group” means the public authority established under section 24(1)(b) of the Transport Act 1968 ;
“Staff Pension Fund” means the Scottish Transport Group Staff Pension Fund established by a Trust Deed dated 16th January 1946 between The Scottish Motor Traction Company Limited and Others;
“Transport Operatives Pension Scheme” means the Scottish Transport Group Transport Operatives Pension Scheme established by a Trust Deed dated 15th April 1974 between Scottish Bus Group Limited and Others; and
“Trustees” means the trustees of and the persons responsible from time to time for the administration of the Staff Pension Fund and the Transport Operatives Pension Scheme, as the case may be.
2
Any reference to a numbered article shall be a reference to the article bearing that number in this Order and any reference in an article to a numbered paragraph shall be a reference to the paragraph bearing that number in that article.
Application
3
This Order applies to–
a
the Staff Pension Fund, and
b
the Transport Operatives Pension Scheme,
which shall each be construed and have effect as if the relevant provisions of this Order were terms of or applicable to that Fund and that Scheme notwithstanding any other contrary terms whether express or implied.
Winding up
4
The Staff Pension Fund and the Transport Operatives Pension Scheme shall be wound up as soon as reasonably practicable following the date of coming into force of this Order.
Transfer of Assets
5
1
On the winding up of the Staff Pension Fund and the Transport Operatives Pension Scheme in accordance with article 4 the Trustees shall make provision for the payment and transfer of the funds in accordance with paragraph (2).
2
The Trustees shall–
a
make payment from the funds of all costs, charges and expenses of the winding up; and
b
transfer any balance of the funds to Scottish Bus Group.
3
Any balance of the funds transferred to Scottish Bus Group in accordance with paragraph (2) shall be applied by it in terms of the Scottish Bus Group Disposal Programme prepared by the Secretary of State for Scotland under section 1 of the Transport (Scotland) Act 1989 .
Transfer of Liability or Obligation
6
1
Any liability or obligation of the Trustees under the terms of the Staff Pension Fund or the Transport Operatives Pension Scheme shall, following the transfer of any balance of funds in accordance with article 5(3), be transferred by virtue of this Order to Scottish Bus Group and shall become its liability or obligation.
2
Any liability or obligation transferred in accordance with paragraph (1) shall be dealt with by Scottish Bus Group in terms of the Scottish Bus Group Disposal Programme referred to in article 5(3).
James Douglas-Hamilton
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
19th July 1996


text:
Citation and commencement
1
This Order may be cited as the Education (School Teachers' Pay and Conditions) Order 1996 and shall come into force on 25th April 1996.
Application
2
This Order applies to school teachers (as defined in section 5(1) and (2) of the School Teachers' Pay and Conditions Act 1991) in England and Wales.
School Teachers' Pay and Conditions
3
The School Teachers' Pay and Conditions Document 1995 shall be amended with effect from 1st April 1996 as follows:
a
for paragraph 4.1 substitute —
4.1(a
During the period 1st April 1996 to 30th November 1996 a head teacher or deputy head teacher shall be paid such salary based on the pay spine A set out in paragraph 4.3 as the relevant body shall determine in accordance with paragraph 4.4.
4.1(b
From 1st December 1996 a head teacher or deputy head teacher shall be paid such salary based on the pay spine B set out in paragraph 4.3 as the relevant body shall determine in accordance with paragraph 4.4.
;
b
the following tables shall be substituted for the table in paragraph 4.3 —
Pay Spine A — 1st April 1996 to 30th November 1996
Spine point Annual salary £
1 24,327 2 24,726 3 25,125 4 25,524 5 25,923 6 26,319 7 26,721 8 27,114 9 27,522 10 27,918 11 28,314 12 28,713 13 29,109 14 29,514 15 29,910 16 30,306 17 30,705 18 31,110 19 31,506 20 31,905 21 32,439 22 32,964 23 33,498 24 34,032 25 34,563 26 35,091 27 35,625 28 36,159 29 36,690 30 37,359 31 38,019 32 38,682 33 39,348 34 40,017 35 40,680 36 41,346 37 42,009 38 42,939 39 43,866 40 44,802 41 45,729 42 46,656 43 47,595 44 48,522 45 49,449 46 50,382 47 51,315 48 52,245 49 53,175 50 54,102 51 55,032
Pay Spine B — From 1st December 1996
Spine point Annual salary £
1 24,564 2 24,966 3 25,371 4 25,773 5 26,175 6 26,574 7 26,982 8 27,378 9 27,789 10 28,191 11 28,587 12 28,992 13 29,391 14 29,802 15 30,201 16 30,603 17 31,005 18 31,410 19 31,812 20 32,214 21 32,757 22 33,285 23 33,825 24 34,362 25 34,899 26 35,433 27 35,970 28 36,510 29 37,047 30 37,725 31 38,391 32 39,060 33 39,732 34 40,407 35 41,076 36 41,748 37 42,417 38 43,356 39 44,295 40 45,237 41 46,173 42 47,112 43 48,057 44 48,993 45 49,932 46 50,874 47 51,813 48 52,755 49 53,694 50 54,627 51 55,566
;
c
in paragraph 4.4.2 for “following table” substitute “appropriate table set out below”;
d
the following tables shall be substituted for the table in paragraph 4.4.2–
Period 1st April 1996 to 30th November 1996
Group Head teachers Spine point Range£
1 3–15 25,125–29,910 2 1(S) 8–22 27,114–32,964 3 2(S) 15–29 29,910–36,690 4 3(S) 23–37 33,498–42,009 5 4(S) 31–44 38,019–48,522 6 38–51 42,939–55,032
Group Deputy head teachers Spine point Range £
1 1–8 24,327–27,114 2 1(S) 2–10 24,726–27,918 3 2(S) 4–13 25,524–29,109 4 3(S) 8–20 27,114–31,905 5 4(S) 15–26 29,910–35,091 6 22–34 32,964–40,017
From 1st December 1996
Group Head teachers Spine point Range£
1 3–15 25,371–30,201 2 1(S) 8–22 27,378–33,285 3 2(S) 15–29 30,201–37,047 4 3(S) 23–37 33,825–42,417 5 4(S) 31–44 38,391–48,993 6 38–51 43,356–55,566
Group Deputy head teachers Spine point Range £
1 1–8 24,564–27,378 2 1(S) 2–10 24,966–28,191 3 2(S) 4–13 25,773–29,391 4 3(S) 8–20 27,378–32,214 5 4(S) 15–26 30,201–35,433 6 22–34 33,285–40,407
;
e
for paragraph 9.1 substitute —
9.1(a
During the period 1st April 1996 to 30th November 1996 a classroom teacher shall be paid such salary based on the pay spine A set out in paragraph 9.2 as the relevant body shall determine in accordance with paragraphs 9.3 and 19.1 (unqualified teacher becoming qualified).
9.1(b
From 1st December 1996 a classroom teacher shall be paid such salary based on the pay spine B set out in paragraph 9.2 as the relevant body shall determine in accordance with paragraphs 9.3 and 19.1 (unqualified teacher becoming qualified).
;
f
the following tables shall be substituted for the table in paragraph 9.2 —
Pay Spine A — 1st April 1996 to 30th November 1996
Spine point Annual salary £
0 12,342 1 13,083 2 13,866 3 14,622 4 15,414 5 16,335 6 17,316 7 18,357 8 19,458 9 20,700 10 21,981 11 23,289 12 25,146 13 26,823 14 28,965 15 30,267 16 31,632 17 33,054
Pay Spine B — From 1st December 1996
Spine point Annual salary £
0 12,462 1 13,209 2 14,001 3 14,763 4 15,564 5 16,494 6 17,487 7 18,534 8 19,647 9 20,901 10 22,194 11 23,514 12 25,392 13 27,084 14 29,247 15 30,561 16 31,941 17 33,375
g
for paragraph 15.1 substitute–
15.1(a
During the period 1st April 1996 to 30th November 1996 an unqualified teacher (except one to whom paragraph 18 applies) shall be paid such salary based on the following pay scale as the relevant body shall determine in accordance with paragraphs 15.2 to 15.6 and 17:
Period 1st April 1996 to 30th November 1996
Scale point Annual salary £
1 10,380 2 10,842 3 11,298 4 11,763 5 12,234 6 12,696 7 13,161 8 14,250 9 15,480 10 16,410
15.1(b
From 1st December 1996 an unqualified teacher (except one to whom paragraph 18 applies) shall be paid such salary based on the following pay scale as the relevant body shall determine in accordance with paragraphs 15.2 to 15.6 and 17:
From 1st December 1996
Scale point Annual salary £
1 10,479 2 10,947 3 11,406 4 11,877 5 12,354 6 12,819 7 13,290 8 14,388 9 15,630 10 16,572
;
h
for paragraph 21.1 substitute —
21.1
A teacher serving in the London Area shall receive a London Area allowance of:
a
if he is serving in the Inner London Area, £2,004 per annum until 30th November 1996 and £2,022 per annum on or after 1st December 1996;
b
if he is serving in the Outer London Area, £1,317 per annum until 30th November 1996 and £1,329 per annum on or after 1st December 1996;
c
if he is serving in the Fringe Area, £513 per annum until 30th November 1996 and £516 per annum on or after 1st December 1996.
.
Gillian Shephard
Secretary of State for Education and Employment
1st April 1996


text:
Title and commencement
1
These Regulations may be cited as the Fodder Plant Seeds (Amendment) Regulations 1996 and shall come into force on 1st July 1996.
Amendment of the Fodder Plant Seeds Regulations 1993
2
1
The Fodder Plant Seeds Regulations 1993 shall be amended in accordance with the provisions of this regulation.
2
In the table in paragraph 8 of Part I of Schedule 5 (sampling of seed lots) there shall be added at the end the following new line —
20,001 kg and above one primary sample for each 700 kg but not less than 40
.
3
For paragraph (a) of Part II of Schedule 5 (maximum weight of a seed lot and minimum weight of a submitted sample) there shall be substituted the following —
a
The maximum weight of a lot shall be —
i
for seeds of hairy vetch and Hungarian vetch, 20 tonnes;
ii
for seeds of common vetch, field bean, field pea, narrow-leaved lupin (blue lupin), white lupin and yellow lupin, 25 tonnes.
aa
The minimum weight of a submitted sample shall be —
i
for seeds of common vetch, hairy vetch and Hungarian vetch, 1,000 g;
ii
for seeds of field bean, field pea, narrow-leaved lupin (blue lupin), white lupin and yellow lupin —
for Breeder’s Seed, Pre-basic Seed and Basic Seed, 3,000 g;
for Certified Seed, Certified Seed of the First Generation and Certified Seed of the Second Generation, 2,000 g.
Tim Boswell
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
29th May 1996
Lindsay
Parliamentary Under Secretary of State, Scottish Office
16th May 1996
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
8th May 1996


text:
Citation and commencement
1
This Order may be cited as the Town and Country Planning (Atomic Energy Establishments Special Development) (Revocation) Order 1996 and shall come into force on 10th January 1997.
Revocation
2
The Town and Country Planning (Atomic Energy Establishments Special Development) Order 1954 , the Town and Country Planning (Atomic Energy Establishments Special Development) Order 1957 and the Town and Country Planning (Atomic Energy Establishments Special Development) Order 1961 are hereby revoked.
Signed by authority of the Secretary of State
Paul Beresford
Parliamentary Under Secretary of State,
Department of the Environment
18th December 1996


text:
Preliminary
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Occupational Pension Schemes (Payments to Employers) Regulations 1996 and shall come into force on 6th April 1997.
2
Unless the context otherwise requires, in these Regulations —
“the 1995 Act ”means the Pensions Act 1995;
“ the Authority ”means the Occupational Pensions Regulatory Authority established under section 1 of the 1995 Act;
“surplus”means an excess in the value of the assets in a scheme over its liabilities by more than the maximum percentage prescribed under Schedule 22 to the Taxes Act ;
“the Taxes Act”means the Income and Corporation Taxes Act 1988 ,
and any other expressions used in these Regulations have the same meaning as in Part I of the 1995 Act.
Meaning of “member”
2
For the purposes of these Regulations and sections 37 and 76 of the 1995 Act, the meaning of “member”in relation to any scheme is extended to include any person who is entitled to the present payment of benefits under the scheme.
Application of these Regulations
3
These Regulations do not apply to a scheme unless it is a trust scheme which is an exempt approved scheme within the meaning given by section 592(1) of the Taxes Act.
Payments from surplus — ongoing schemes
Notice of proposed payment from surplus
4
1
For the purposes of section 37 of the 1995 Act (which sets out the requirements which must be satisfied before a power to make payments to the employer out of funds held for the purposes of a scheme may be exercised) the prescribed requirements as to notice referred to in subsection (4)(e) of that section are set out in paragraphs (2) to (5).
2
The trustees must take all reasonable steps to ensure that each member is given two written notices in accordance with the following provisions of this regulation.
3
The first notice must be given after proposals to reduce or eliminate a surplus have been approved under paragraph 6(1) of Schedule 22 to the Taxes Act. It must —
a
inform the member as to —
i
how it is proposed that the surplus shall be reduced or eliminated, by reference to the ways permitted under paragraph 3(3) of that Schedule; and
ii
whether the requirements of section 37(4) of the 1995 Act are satisfied;
b
invite the member, if he wishes, to make written representations in relation to the proposals to the trustees before a specified date (which is not earlier than two months from the date on which the first notice is given);
c
advise the member —
i
that a second notice will be given to him if the trustees intend to proceed with the proposals; and
ii
that no payment may be made to the employer in accordance with the proposals until at least 3 months after the date on which the second notice is given.
4
The second notice must be given after the date specified in accordance with paragraph (3)(b) and at least 3 months before the power is exercised. It must —
a
contain the information referred to in paragraph (3)(a), including any modifications to the proposals; and
b
advise the member that he may make written representations to the Authority before a specified date (which is not earlier than 3 months from the date on which the second notice is given) if he considers that any of the requirements of section 37(4) of the l995 Act are not satisfied.
5
For the purposes of paragraph (2) —
a
a notice shall be treated as having been given to a member if it has been sent to him by post either at the address at which he was last known to be living or, in the case of an active member, at an address at which he is known to be currently employed; and
b
notices are not required to be given where a member has no known address or where correspondence sent to a member’s last known address has been returned.
Circumstances in which the Authority must be satisfied that requirements of section 37 of the 1995 Act are met
5
1
For the purposes of section 37(3) of the 1995 Act (which provides that, in prescribed circumstances, the power to make payments to an employer out of funds held for the purposes of a scheme cannot be exercised unless the Authority is of the opinion that the requirements of subsection (4) of that section and any prescribed requirements are satisfied) the prescribed circumstances are —
a
that, subject to paragraph (2), the Authority receives in relation to any proposals to which that section applies —
i
written representations from a member to the effect that any of the requirements of section 37(4) of the l995 Act are not satisfied; or
ii
information from any source sufficient to raise a doubt as to whether all those requirements are satisfied; and
b
the Authority notifies the trustees in writing that no payment should be made to the employer in accordance with the proposals until the Authority has confirmed in writing that it is satisfied that those requirements are satisfied.
2
Where the trustees have given notice to a member in accordance with regulation 4, paragraph (l)(a)(i) will only apply in the case of representations received by the Authority from the member before the date specified in accordance with regulation 4(4)(b) (expiry date of the second notice).
Additional requirement for purposes of section 37 of the 1995 Act
6
1
For the purposes of section 37(3) of the l995 Act (which provides for requirements to be prescribed in addition to those mentioned in section 37(4) of that Act) the requirement set out in paragraph (2) applies where —
a
the date specified in accordance with regulation 4(4)(b) (expiry date of the second notice) has passed; and
b
the trustees have not received notification from the Authority in accordance with regulation 5(1)(b).
2
The requirement is that the trustees obtain written confirmation from the Authority that it has not received any representations or information referred to in regulation 5(1)(a) and accordingly section 37(5) of the 1995 Act does not apply.
Distribution of excess assets — schemes winding up
Notice of proposal to distribute excess assets to the employer
7
1
For the purposes of section 76 of the 1995 Act (which sets out the requirements which must be satisfied before a power to distribute assets to the employer on a winding up may be exercised) the prescribed requirements as to notice referred to in subsection (3)(d) of that section are set out in paragraphs (2) to (5).
2
Where the trustees or the employer propose to exercise a power such as is referred to in paragraph (1), the trustees or, as the case may be, the employer, must take all reasonable steps to ensure that each member is given two written notices of the proposal in accordance with the following provisions of this regulation.
3
The first notice must —
a
inform the member as to —
i
the trustees' estimate of the value of the assets remaining after the liabilities of the scheme have been fully discharged and the persons or class of person to whom, and in what proportions, it is proposed that they should be distributed; and
ii
whether the requirements of section 76(3) of the 1995 Act are satisfied;
b
invite the member, if he wishes, to make written representations in relation to the proposal to the trustees or, as the case may be, to the employer, before a specified date (which is not earlier than two months from the date on which the first notice is given);
c
advise the member —
i
that a second notice will be given to him if the trustees or the employer, as the case may be, intend to proceed with the proposal; and
ii
that no excess assets may be distributed to the employer in accordance with the proposal until at least 3 months after the date on which the second notice is given.
4
The second notice must be given after the date specified in accordance with paragraph (3)(b) and at least 3 months before the power is exercised. It must —
a
contain the information referred to in paragraph (3)(a), including any modifications to the proposal;
b
advise the member that he may make written representations to the Authority before a specified date (which is not earlier than 3 months from the date on which the second notice is given) if he considers that any of the requirements of section 76(3) of the 1995 Act are not satisfied.
5
For the purposes of paragraph (2) —
a
a notice shall be treated as having been given to a member if it has been sent to him by post either at the address at which he was last known to be living or, in the case of an active member, at an address at which he is known to be currently employed; and
b
notices are not required to be given where a member has no known address or where correspondence sent to a member’s last known address has been returned.
Circumstances in which the Authority must be satisfied that requirements of section 76 of the 1995 Act are met
8
1
For the purposes of section 76(2) of the 1995 Act (which provides that, in prescribed circumstances, the power to distribute assets to the employer on winding up cannot be exercised unless the Authority is of the opinion that the requirements of subsection (3) of that section and any prescribed requirements are satisfied) the prescribed circumstances are —
a
that, subject to paragraph (2), the Authority receives in relation to any proposal to which that section applies —
i
written representations from a member to the effect that any of the requirements of section 76(3) of the 1995 Act are not satisfied; or
ii
information from any source sufficient to raise a doubt as to whether all those requirements are satisfied; and
b
the Authority notifies the trustees or, as the case may be, the employer in writing that the power should not be exercised until the Authority has confirmed in writing that it is satisfied that those requirements are satisfied.
2
Where notice has been given to a member in accordance with regulation 7, paragraph (l)(a)(i) will only apply in the case of representations received by the Authority from the member before the date specified in accordance with regulation 7(4)(b) (expiry date of the second notice).
Additional requirement for purposes of section 76 of the 1995 Act
9
1
For the purposes of section 76(2) of the 1995 Act (which provides for requirements to be prescribed in addition to those mentioned in section 76(3) of that Act) the requirement set out in paragraph (2) applies where —
a
the date specified in accordance with regulation 7(4)(b) (expiry date of the second notice) has passed; and
b
the trustees or, as the case may be, the employer have not received notification from the Authority in accordance with regulation 8(1)(b).
2
The requirement is that the trustees or, as the case may be, the employer obtain written confirmation from the Authority that it has not received any representations or information referred to in regulation 8(1)(a) and accordingly section 76(4) of the 1995 Act does not apply.
Requirement to increase benefits — maximum limits
10
1
For the purposes of section 77 of the 1995 Act (which provides, where a scheme prohibits the distribution of assets to the employer, for excess assets to be distributed after benefits have been increased, subject to prescribed limits) the prescribed limits referred to in subsection (4)(a) are the maximum benefits that may be provided by the scheme as an exempt approved scheme within the meaning of section 592(1) of the Taxes Act.
2
For the purposes of calculating the maximum benefits referred to in paragraph (1), final remuneration may, if the trustees so determine, be taken to be any one of the following amounts —
a
the amount of annual remuneration on which the scheme benefits are calculated;
b
the highest amount of annual remuneration on which, under the rules of the scheme, benefits could be calculated; or
c
the amount referred to in regulation 5(4)(f)(iii) of the Retirement Benefits Schemes (Restriction on Discretion to Approve) (Additional Voluntary Contributions) Regulations 1993 (which is an amount based on the average of the total emoluments paid to an employee during the last 3 years of assessment).
Miscellaneous
Modification of schemes
11
For the purposes of section 69 of the 1995 Act (grounds for applying for modifications) —
a
a further requirement prescribed for the purposes of subsection (3)(a) of that section (which provides for modification of schemes for the purpose of reducing or eliminating a surplus) is that the second notice referred to in regulation 4 also advises the member of the requirement for an order under that section;
b
the prescribed requirements referred to in subsection (3)(b) of that section (which provides for modification of schemes for the purposes of distributing excess assets on winding up) are —
i
any requirements under section 76(3) or (4) of the 1995 Act or regulation 7 which must be satisfied before a power to distribute assets to the employer on a winding up can be exercised;
ii
a requirement that the trustees are satisfied that any proposal to distribute excess assets to the employer is in the interests of the members; and
iii
a requirement that the second notice referred to in regulation 7 also advises the member of the requirement for an order under section 69(3)(b) of the 1995 Act and both the first and second notice referred to in that regulation also advise the member of the requirement referred to in sub-paragraph (ii).
Schemes with more than one employer
12
1
Where a scheme in relation to which there is more than one employer is divided into two or more sections and the provisions of the scheme are such that —
a
different sections of the scheme apply to different employers or groups of employers (whether or not more than one section applies to any particular employer or groups including any particular employer);
b
contributions payable to the scheme by an employer, or by a member in employment under that employer, are allocated to that employer’s section (or, if more than one section applies to the employer, the section which is appropriate in respect of the employment in question); and
c
a specified part or proportion of the assets of the scheme is attributable to each section and cannot be used for the purposes of any other section,
sections 37, 76 and 77 of the l995 Act and these Regulations shall apply as if each section of the scheme were a separate scheme.
2
Where —
a
a scheme which has been such a scheme as is mentioned in paragraph (1) above is divided into two or more sections some or all of which apply only to members who are not in pensionable employment under the scheme;
b
the provisions of the scheme have not been amended so as to prevent the conditions in paragraph (l)(a) to (c) being satisfied in relation to two or more sections; but
c
those conditions have ceased to be satisfied in relation to one or more sections (whether before or after 6th April 1997 ) by reason only of there being no members in pensionable service under the section and no contributions which are to be allocated to it,
sections 37, 76 and 77 of the 1995 Act and these Regulations shall apply as if each section in relation to which those conditions have ceased to be satisfied were a separate scheme.
3
Where on the winding up of a scheme —
a
the liabilities of the scheme are satisfied in accordance with the requirements of section 73 of the l995 Act; and
b
paragraph (1) or (2) above would apply to the scheme but for the fact that undistributed assets attributable to one section (“the first section”) may be applied to another section if —
i
the annual rates of pension under the first section have been increased by the appropriate percentage; and
ii
in relation to that section, additional benefits have been provided or the value of any benefits has been increased within the limits referred to in regulation 10,
sections 76 and 77 of that Act and regulations 7 to 10 of these Regulations shall apply as if each section of the scheme were a separate scheme.
4
In paragraph (3)(b)(i) “annual rate”, “appropriate percentage”and “pension”have the same meaning as in sections 76 and 77 of the 1995 Act.
Other multi-employer schemes
13
In the application of section 37(4) of the 1995 Act to a scheme in relation to which there is more than one employer (other than a scheme to which regulation 12 applies), paragraph (c) of that section has effect with the substitution for the word “employer”, where it appears for the second time, of the words “person whom the employers nominate to act as their representative for the purposes of this paragraph or, if no such nomination is made, all the employers”.
Exemptions
14
Sections 37 and 76 of the 1995 Act do not apply to a scheme where —
a
any Minister of the Crown has given a guarantee or made any other arrangements for the purpose of securing that the assets of the scheme are sufficient to meet its liabilities; or
b
arrangements for the payment of any surplus or for the distribution of any excess assets on the winding up of the scheme are provided for by virtue of any enactment or are subject to the approval of any Minister of the Crown.
Revocations and savings
15
1
Subject to paragraph (2), the following regulations are revoked —
a
regulations 2 and 3 of the Occupational Pension Schemes (Modification) Regulations 1990 ;
b
the Occupational Pension Schemes (Transitional Provisions and Savings) Regulations 1990 .
2
The regulations referred to in paragraph (1) shall continue to have effect, as if these Regulations had not been made and sections 108 and 136 of the Pension Schemes Act 1993 had not been repealed, in the case of —
a
any payment to the employer out of funds held for the purposes of the scheme where an application to modify the scheme rules for the purposes of making that payment has been made before 6th April 1997; or
b
any distribution of excess assets to the employer in relation to a scheme which begins to be wound up before 6th April 1997.
3
For the purposes of paragraph (2), the date on which a scheme begins to be wound up shall be determined in the same manner as it is determined for the purposes of any regulations made under section 73 of the 1995 Act.
Signed by authority of the Secretary of State for Social Security.
MacKay of Ardbrecknish
Minister of State,
Department of Social Security
19th August 1996


text:
Citation and commencement
1
1
This Act of Sederunt may be cited as the Act of Sederunt (Fees of Messengers-at-Arms) 1996 and shall come into force on 1st January 1997.
2
This Act of Sederunt shall be inserted in the Books of Sederunt.
Amendment of fees
2
1
Subject to sub-paragraph (2) below, the Table of Fees in the Schedule to this Act of Sederunt shall be substituted for the Table in Schedule 1 to the Act of Sederunt (Fees of Messengers-at-Arms) 1994 and shall apply to work carried out by a messenger-at-arms on or after the date on which this Act of Sederunt comes into force.
2
Sub-paragraph (1) above does not affect the fees payable as respects any work so carried out before the date mentioned in that sub-paragraph.
Rodger of Earlsferry
Lord President
I.P.D.
Edinburgh
12th November 1996


text:
1
This Order may be cited as the A40 Trunk Road (Western Avenue, Hillingdon) (30 mph Speed Limit) Order 1996 and shall come into force on 22nd November 1996.
2
In this Order —
“the relevant length”means that length of the westbound access slip road between its junction with the western kerb line of Hercies Road and a point 319 metres to the west of that junction;
“the westbound access slip road”means that length of trunk road that links Long Lane (A437) to the westbound main carriageway of the trunk road;
“Long Lane”and “Hercies Road”mean the roads so named in the London Borough of Hillingdon;
“the trunk road”means that part of the A40 Trunk Road in the London Borough of Hillingdon.
3
No person shall drive any motor vehicle at a speed exceeding 30 miles per hour in the relevant length.
Signed by authority of the Secretary of State for Transport
P J Bevis
Assistant Director Highways Agency London Network Management Division
18th November 1996


text:
Citation and commencement
1
This Order may be cited as the Hartlepool Community Care National Health Service Trust Dissolution Order 1996 and shall come into force on 1st April 1996.
Dissolution of NHS trust
2
The Hartlepool Community Care National Health Service Trust established by the Hartlepool Community Care National Health Service Trust (Establishment) Order 1993 is hereby dissolved, and accordingly that Order is hereby revoked.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State,
Department of Health
18th March 1996


text:
1
These Regulations may be cited as the Housing (Change of Landlord) (Payment of Disposal Cost by Instalments) (Amendment) Regulations 1996 and shall come into force on 29th February 1996.
2
In regulation 3(3) of the Housing (Change of Landlord) (Payment of Disposal Cost by Instalments) Regulations 1990 (payment by instalments) for “7.99 per cent.” substitute “7.48 per cent.”.
3
The Housing (Change of Landlord) (Payment of Disposal Cost by Instalments) (Amendment No. 2) Regulations 1995 are revoked.
4
Regulations 2 and 3 do not apply in respect of any period before the date these Regulations come into force (notwithstanding that interest included in the amount of an instalment is paid on or after that date).
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,
Department of the Environment
25th January 1996
William Hague
Secretary of State for Wales
31st January 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the National Health Service Trusts (Originating Capital Debt) Order 1996 and shall come into force on 1st March 1996.
2
In this Order “the Schedule” means the Schedule to this Order.
Originating capital debt of NHS trusts
2
1
The originating capital debt of an NHS trust specified in column 1 of the Schedule shall be of the amount specified opposite it in column 2 of the Schedule.
2
Each originating capital debt specified in column 2 of the Schedule shall be divided between an initial loan of an amount specified opposite it in column 3 of the Schedule and public dividend capital of an amount specified opposite it in column 4 of the Schedule.
Stephen Dorrell
Secretary of State for Health
19th February 1996
We consent,
Derek Conway
Simon Burns
Two of the Lords Commissioners of Her Majesty’s Treasury
20th February 1996


text:
Citation and commencement
1
The Regulations may be cited as the Education (Student Loans) Regulations 1996 and shall come into force on 1st August 1996.
Revocation
2
The Education (Student Loans) Regulations 1994 are hereby revoked.
Interpretation
3
1
In these Regulations, except where the context otherwise requires —
“accelerated course” means a course which persons undertaking it are normally required by the institution providing it to attend (whether at premises of the institution or elsewhere) for a period of at least 40 weeks in the final year, being a course of two academic years' duration or a course for the degree of BA (Hons.) with Qualified Teacher Status awarded by St Martin’s College, Lancaster;
“ the Act ” means the Education (Student Loans) Act 1990;
“borrower” means a person to whom a loan has been made;
“eligible” means eligible for the purposes of section 1 of the Act read with regulation 4 and the Schedule to these Regulations;
“full-time course” means a sandwich course or a course —
which persons undertaking it are normally required by the institution providing it to attend (whether at premises of the institution or elsewhere) —
in the case of a course of one academic year’s duration, for a period of at least 24 weeks; and
in the case of a course of two or more academic years' duration, for a period of at least 24 weeks in each academic year except the final year and of at least eight weeks in the final year; and
the nature of which is such that a person undertaking it would normally require to undertake periods of study, tuition or work experience which together amount in each academic year to an average of at least 21 hours a week as respects the periods of attendance mentioned in sub-paragraph (a) above for the year;
“loan” means a loan (whether made before or after the coming into force of these Regulations) towards a student’s maintenance out of money made available by the Secretary of State for that purpose pursuant to arrangements made by the Secretary of State by virtue of section 1 or the Act, including the interest accrued on the loan and the amount of the loan from time to time outstanding;
“loans administrator” means any person or body for the time being exercising functions in relation to loans under arrangements made with the Secretary of State pursuant to paragraph 3 of Schedule 2 to the Act;
“periods of work experience” means periods of industrial, professional or commercial experience associated with full-time study at an institution but at a place outside the institution;
“refugee” means a person who is recognised by Her Majesty’s government as a refugee within the meaning of the United Nations Convention relating to the Status of Refugees done at Geneva on 28th July 1951 as extended by the Protocol thereto which entered into force on 4th October 1967 and any reference to the child of a refugee includes a reference to a person adopted in pursuance of adoption proceedings and a step-child; and
“sandwich course” means a course consisting of alternate periods of full-time study in an institution and periods of work experience so organised that, taking the course as a whole, the student attends the periods of full-time study for an average of not less than 19 weeks in each year; and for the purpose of calculating his attendance the course shall be treated as beginning with the first period of full-time study and ending with the last such period.
2
For the purposes of these Regulations an academic year which begins in the month of July in any year shall be deemed to begin in the month of August immediately following that month.
3
In these Regulations any reference to a regulation is a reference to a regulation of these Regulations, any reference in a regulation to a paragraph is a reference to a paragraph of that regulation, and any reference in a paragraph to a sub-paragraph is a reference to a sub-paragraph of that paragraph.
Conditions of eligibility
4
1
A student attending a course of higher education of at least one academic year’s duration shall be eligible for a loan in relation to an academic year which begins on or after 1st August 1996 if —
a
his course of study during that academic year forms part or all of —
i
a full-time course; or
ii
a course (whether or not full-time) for the initial training of teachers which is for the time being designated by or under regulations made by virtue of section 1(2)(b) and (3)(c) of the Education Act 1962 ; and
b
i
he satisfies the conditions prescribed in the Schedule to these Regulations; or
ii
in respect of the course he satisfies one of the conditions of eligibility for an allowance set down in Schedule 1 to the Students' Allowances (Scotland) Regulations 1991 ; or
iii
before the commencement of or at any time during that academic year he is a person, or the spouse or child of a person, who has been recognised as a refugee and who from the time of such recognition has been ordinarily resident in the British Islands; and
c
the loans administrator has received the certified eligibility form referred to in regulation 13(4)(g) or (6)(d) in connection with his application for the loan; and
d
he has agreed with the loans administrator to notify the latter promptly in writing if he ceases to attend his course —
i
because he has completed it on a date earlier than that specified by him in the eligibility form referred to in regulation 13 (4)(d) or (6)(a); or
ii
otherwise than because he has completed it; and
e
he has agreed with the loans administrator to accept payment of the loan by direct credit to his bank or building society account and has provided the administrator with a signed direct debiting instruction in favour of the administrator in respect or repayments of the loan from that account; and
f
he has entered into an agreement for the loan not later than the end of the period of 12 months beginning on 1st August in which that academic year begins; and
g
he is not a person to whom paragraph (2) applies.
2
This paragraph applies to a person who —
a
before the date on which the course begins has attained the age of fifty years; or
b
in respect of the academic year in question is eligible to receive any payment in pursuance of any bursary or award of similar description bestowed on him in pursuance of section 63 of the Health Services and Public Health Act 1968 the amount of which is not calculated by reference to his income; or
c
in respect of his attendance at the course is eligible to receive an allowance under the Nursing and Midwifery Student Allowances (Scotland) Regulations 1992 ; or
d
is in breach of any obligation contained in any agreement for a loan; or
e
subject to paragraph (3) was under the age of 18 when any agreement for a loan was made with him and who has not ratified that agreement after attaining that age.
3
In the case of an agreement for a loan which is subject to the law of Scotland, sub-paragraph (e) of paragraph (2) shall apply only if —
a
the agreement referred to in that sub-paragraph was entered into before 25th September 1991; and
b
that agreement was made —
i
with the concurrence of the borrower’s curator; or
ii
at a time when the borrower had no curator.
4
A student shall not be eligible for more than one loan in relation to any one academic year.
5
A student shall not be eligible for a loan in relation to —
a
more than one academic year, or
b
more than one course
beginning in any period of twelve months beginning on 1st August in any year.
Designation of courses by Secretary of State
5
For the purposes of section 1 of the Act the Secretary of State may designate courses of higher education at institutions other than institutions receiving support from public funds.
Amounts of loan
6
1
Subject to paragraphs (3) to (5), in the case of a student attending a course at the University of London or at any institution within the area comprising the City of London and the metropolitan police district, the maximum amount of the loan in relation to any academic year shall be —
a
if the year is the final year of the course, £920 if he resides at his parents' home, and £1,485 if he does not; and
b
if the year is any other year of the course, £1260 if he resides at his parents' home, and £2,035 if he does not.
2
Subject to paragraphs (3) to (5), in the case of any other student the maximum amount of the loan in relation to any academic year shall be —
a
if the year is the final year of the course, £920 if he resides at his parents' home, and £1,200 if he does not; and
b
if the year is any other year of the course, £1,260 of he resides at his parents' home, and £1,645 if he does not.
3
Where a student’s course includes a period of residence in a country other than the United Kingdom throughout an academic year, the maximum amount of the loan in relation to that academic year shall be £1,200 if the year is the final year of the course and £1,645 if it is not.
4
Where a student’s course is an accelerated course, paragraph (1)(a) shall have effect as if for £920 and £1,485 there were substituted £1,260 and £2,035 respectively and paragraph (2)(a) shall have effect as if for £920 and £1,200 there were substituted £1,260 and £1,645 respectively.
5
For the purpose of paragraphs (1) to (3), where a postgraduate course of initial training for teachers is of only one academic year’s duration that year shall not be treated as a final year, and for the purposes of paragraphs (1) and (2) a student’s place or residence is his place of residence on the date a certificate is given in respect of him pursuant to regulation 13.
Interest
7
1
Notwithstanding the revocation of the Education (Student Loans) Regulations 199 4 loans shall bear interest in respect of the period consisting of the month of August 199 6 at the rate specified in regulation 7 of those regulations.
2
Loans shall bear interest in respect of any period commencing on or after 1st September 199 6 at the rate specified in paragraphs (3) and (4), being the rate appearing to the Secretary of State to be requisite for maintaining the value of the loans in real terms.
3
That rate is the rate of interest per day which, in relation to a loan made on or after 1st September 199 6 , taking account of the addition of interest to the outstanding amount of the loan in accordance with regulation 8, will result in an annual percentage rate of charge determined in accordance with the Consumer Credit (Total Charge for Credit) Regulations 1980 which is equal to the percentage specified in paragraph (4).
4
That percentage is the percentage increase between the retail prices index published by the Central Statistical Office for March 199 5 and the retail prices index so published for March 199 6 .
Time and manner of repayments
8
1
Subject to paragraph (2) and regulations 9 to 12 a borrower shall commence repayment of his loan on such day in the month of April next following the date on which he ceased to attend the course as the loans administrator may determine in his case (referred to below in this regulation as “the determined date”).
2
Where a borrower ceases to attend his course without completing it and on the first day thereafter on which it is reasonably practicable for him to do so begins to attend at the same institution another course which satisfies the requirements of regulation 4(1), paragraph (1) shall apply only in relation to the latter course.
3
Subject to regulations 9 to 12 repayments shall be made in 60 monthly instalments calculated in accordance with paragraphs (6) to (8) in the case of a borrower who has received a loan in relation to less than five academic years and in 84 such instalments calculated as aforesaid in all other cases.
4
Interest accrued on a loan shall be added to the loan at regular monthly intervals and thenceforth form part of the outstanding amount of the loan.
5
On or before the determined date, the amount of the monthly repayments shall be calculated in accordance with paragraph (6).
6
The amount of the loan outstanding on the first day of the month in which the determined date falls and of interest which will accrue during the period of repayment shall be divided by the number of repayments, and the amount so calculated shall be the amount of the monthly repayment until it is re-calculated in accordance with paragraph (7).
7
On 1st September next following the determined date, and on each subsequent 1st September until the loan has been repaid or cancelled, the amount of the loan outstanding on that date and of interest which will accrue during the remaining period of repayment shall be divided by the number of repayments still to be made and the amount so calculated shall be the amount of the monthly repayment.
8
For the purposes of calculating monthly repayments under paragraphs (6) and (7) —
a
no account shall be taken of any repayments due prior to the relevant date which have not been made, but account shall be taken of the amounts of interest which have accrued on such unpaid repayments; and
b
it shall be assumed that —
i
the rate of interest will not change during the period of repayment; and
ii
each repayment will be applied to reduce the amount of the loan immediately after the addition of interest in accordance with paragraph (4).
9
Repayments shall be made by direct debit from the borrower’s bank or building society account unless the loans administrator agrees otherwise.
10
Nothing in this regulation shall be taken to prevent a borrower, after giving notice to the loans administrator, from discharging or with the agreement of the loans administrator reducing his liability in respect of his loan sooner than required by this regulation, and where a borrower wishes so to reduce his liability the amount and time of repayments shall be determined by the loans administrator and the provisions of this regulation (except paragraphs (4) and (9), shall no longer apply to the loan.
9
Notwithstanding the provisions of regulation 8, the loans administrator may, in the case of a borrower who is in breach of an obligation to repay any loan instalment, do either or both of the following, namely:
a
grant any relaxation or indulgence to the borrower which does not vary the agreement for the loan;
b
require the borrower to make an immediate repayment of the outstanding amount of the loan;
Provided that the loans administrator shall not grant any relaxation or indulgence in accordance with paragraph (a) unless it is satisfied that such action represents a more effective means of recovering the debt due under the agreement than instituting legal proceedings against the borrower.
Repayment by disabled borrowers
10
1
In the case of a borrower receiving any disability-related benefit (as defined in regulation 11(6)) at the beginning of or at any time during the period of repayment determined in accordance with regulation 8, the loans administrator may do all or any of the following, namely:
a
allow the borrower to commence repayment of the loan at such date later than that provided by regulation 8 as the loans administrator considers appropriate; or
b
allow the borrower to defer making repayments of the loan until such later date; or
c
allow the borrower to make repayments of the loan in such greater number of instalments of such lesser amounts than those provided by regulation 8 as the loans administrator considers appropriate:
but interest on the loan shall continue to accrue and to be added to the outstanding amount of the loan during any period in which repayments are not being made or during any extended period of repayment.
2
The loans administrator may exercise any discretion conferred on it by paragraph (1) notwithstanding that the outstanding amount of the loan will not in consequence be fully repaid before the borrower’s liability in respect thereof is cancelled by virtue of paragraphs (1)(b) and (2) of regulation 12.
Deferment
11
1
Subject to the provisions of this regulation, a borrower shall be entitled to defer making repayments of his loan if —
a
he satisfies the loans administrator —
i
that this gross income for the month preceding the month in which he applies for deferment does not exceed the product of £1,267 and the annual adjustment, and
ii
if the loans administrator so requires, that his gross average monthly income during the three months immediately following the month first referred to in sub-paragraph (a) will not or is unlikely to exceed that amount; or
b
another loan is made to him in respect of his attendance at a course other than a course his ceasing to attend which would make the first loan repayable in accordance with regulation 8.
2
For the purposes of paragraph (1) “the annual adjustment” means the average earnings index for March 199 6 divided by the average earnings index for March 199 5 ; and “the average earnings index” means the general index of average earnings (for all employees: whole economy: seasonally adjusted) published by the Department for Education and Employment or, if that index is not published for a month for which it is relevant for the purposes of this regulation, any substituted index or index figures published by that Department.
3
If a borrower falls within paragraph (1), he shall not be obliged to make repayments during a period of twelve months beginning with such date as may be determined by the loans administrator, being a date not more than twelve months earlier or two months later than the date on which the loans administrator notifies the borrower that he is entitled to defer making repayments.
4
Notwithstanding deferment a borrower may, after giving notice to the loans administrator, resume making repayments at any time before the end of the period of deferment.
5
In determining whether a borrower’s gross monthly income exceeds, will exceed or is likely to exceed the amount specified in paragraph (1) no account shall be taken of any disability-related benefits paid or which will or are likely to be paid to him in the months in question.
6
In paragraph (5) “disability-related benefits” means —
a
the benefits or allowances payable pursuant to the Social Security Contributions and Benefits Act 1992 known as long term incapacity benefit , short term incapacity benefit payable at the higher rate , severe disablement allowance , disability living allowance and industrial injuries benefit ;
b
the amount of any disability premium and severe disability premium included in the applicable amount in calculating the income support payable under the Income Support (General) Regulations 1987 , which amount shall for the purposes of regulations 10(1) and 11(5) be considered to be received, paid or likely to be paid, as the case may be; and
c
disability working allowance payable under sections 123(1)(c) and 129 of the Social Security Contributions and Benefits Act 1992.
7
Interest shall accrue on a loan and shall be added to the outstanding amount thereof during any period of deferment.
Cancellation
12
1
A borrower’s liability to make repayments in respect of all loans shall be cancelled if —
a
he dies; or
b
he is a person to whom paragraph (2) applies.
2
This paragraph applies to a borrower who is not in breach of any obligation in relation to any loan and —
a
if he was aged less than forty when he last entered into an agreement for a loan, if he attains the age of fifty or if the loan for which he last entered into an agreement has been outstanding for not less than twenty five years (whichever event is the sooner); or
b
if he was aged not less than forty when he last entered into an agreement for a loan, if he attains the age of sixty.
Duties of governing bodies in relation to loans
13
1
This regulation prescribes the steps to be taken by the governing body of each institution at which eligible students are attending courses for the purposes of, or in connection with, applications for loans.
2
Where an eligible student attends a course at more than one institution the governing bodies of the institutions may agree in writing that one governing body shall take the steps prescribed by this regulation, in which case that governing body, and not the other governing bodies, shall be required to take those steps.
3
An agreement under paragraph (2) may be made in respect of a particular student or in respect of any class or description of students.
4
The governing body shall as soon as practicable after the commencement of each academic year —
a
issue to any student who requests them to certify his eligibility for a loan an eligibility questionnaire provided by the loans administrator;
b
in respect of each eligibility questionnaire completed by a student and returned to them, take such steps as are reasonably practicable to verify the particulars inserted in the questionnaire by the student relating to his eligibility for a loan;
c
if the student’s eligibility cannot be determined solely by verifying the particulars on the questionnaire, take such other steps as are reasonably practicable for that purpose;
d
issue to each student in relation to whom they have taken the steps required by sub-paragraphs (a) — (c) and whom they consider to be eligible an eligibility form provided by the loans administrator for completion by the student and return to them.
e
certify to the best of their knowledge and belief the accuracy of the particulars in each completed eligibility form and the amount of loan to which they consider the student to be entitled;
f
issue to each student in relation to whom they have taken all other steps required by the preceding provisions of this paragraph a loan application form provided by the loans administrator; and
g
send each certified eligibility form to the loans administrator.
5
The loans administrator on receiving an eligibility form completed and certified in accordance with paragraph (4) shall pay £4 to the governing body which sent it.
6
Where a student is a borrower who has obtained an eligibility form from the loans administrator and completed it the governing body shall as soon as practicable after the commencement of each academic year —
a
accept the completed eligibility form from any such student who requests them to certify his eligibility;
b
if the loans administrator has requested that any of the particulars inserted in the form should be verified take such steps as are reasonably practicable to verify those particulars;
c
certify to the best of their knowledge and belief the accuracy of the particulars which the loans administrator has requested them to verify and the amount of loan to which they consider the student to be entitled; and
d
send each certified eligibility form to the loans administrator.
7
The loans administrator on receiving an eligibility form completed and certified in accordance with paragraph (6) shall pay £2 to the governing body which sent it.
8
The governing body shall —
a
promptly notify the loans administrator in writing if a person in respect of whom they have certified eligibility (whether under these Regulations or otherwise) ceases to be an eligible student during the academic year in which they certified eligibility or subsequently —
i
because he has completed the course on a date earlier than that specified in the certified eligibility form referred to in paragraph (4)(g) or (6)(d) or notified by them to the loans administrator as the expected date on which he will complete the course,
ii
otherwise than because he has completed the course;
b
keep records and copies of all documents except loan application forms which they are required by this regulation to issue or certify and a record of any steps taken by them to establish a student’s eligibility;
c
permit the loans administrator or the Secretary of State to inspect the records and copies at any reasonable time and provide them with reasonable facilities for that purpose;
d
acknowledge receipt of all eligibility and application forms received by them from the loans administrator and provide to it on request brief particulars of such forms which they have issued; and
e
as soon as practicable notify the loans administrator in writing if they believe that a person has fraudulently obtained or attempted to obtain a loan and provide the administrator with the name of the person (if known) and particulars of the circumstances of that person’s obtaining or attempting to obtain the loan.
9
Without prejudice to the generality of paragraph (4)(b) and (c), the steps to be taken under those paragraphs shall include verifying particulars given in the eligibility questionnaire by reference to —
a
in the case of a person in respect of whom an entry was made in a register of births kept in pursuance of the Births and Deaths Registration Act 1953 and the Registration Service Act 1953 or the Births and Deaths Registration (Northern Ireland) Order 1976 a certified copy of that entry;
b
in the case of a person in respect of whom an entry was made in the Adopted Children Register kept in pursuance o section 50 of the Adoption Act 1976 or in the Adopted Children Register kept in pursuance of Article 50 of the Adoption (Northern Ireland) Order 1987 which contains a record of the date of birth of the person, a certified copy of that entry;
c
in the case of a person in respect of whom an entry was made in a register of births kept in pursuance of the Registration of Births, Deaths and Marriages (Scotland) Act 1965 , an extract of, or an abbreviated certificate of birth relating to, that entry;
d
in the case of a person in respect of whom an entry was made in the Adopted Children Register kept in pursuance of Section 45 of the Adoption (Scotland) Act 1978 which contains a record of the date of birth of the person, an extract of that entry; or
e
in the case of any other person except a refugee, his passport (if he holds one), and a letter or other document issues by a responsible person which contains particulars of his date, place and country of birth and his names at birth.
10
Nothing in this regulation shall require the governing body to take any steps to establish whether a student falls within sub-paragraph (1)(c) to (f), or (2)(d) or (e) of regulation 4 (receipt of certified eligibility form, agreement to notify cessation of attendance, direct credit and debit agreement, date of loan agreement, breach of loan agreement and minor’s failure to ratify loan agreement), and in considering whether a student is eligible the governing body shall disregard those sub-paragraphs.
11
In this regulation —
“eligibility form” means a form requesting particulars from a student relevant to this eligibility for a loan and of his bank or building society account; and
“responsible person” means a consular officer, minister of religion, medical or legal practitioner, established civil servant, teacher or police officer.


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Contributions) Amendment (No. 3) Regulations 1996 and shall come into force on 6th April 1996.
2
In these Regulations “the principal Regulations ” means the Social Security (Contributions) Regulations 1979 .
Amendment of regulation 5A of the principal Regulations
2
In paragraph (2) of regulation 5A of the principal Regulations (earnings period for earnings to be aggregated where the earnings periods for those earnings otherwise would be of different lengths) for sub-paragraphs (a) and (b) there shall be substituted the following sub-paragraphs —
a
where the earnings are derived from employments which include any contracted-out employment and any non-contracted-out employment and the employed earner is a person in respect of whom minimum contributions are paid by the Secretary of State in accordance with section 43 of the Pension Schemes Act 1993 (payment of minimum contributions to personal pension schemes) , the earnings period in respect of earnings which are derived from such non-contracted-out employment or, if there is more than one such employment, the shorter, or as the case may be the shortest, of the earnings periods derived from such employments; or
b
where the earnings are derived from employments which include any contracted-out employment and any non-contracted-out employment and the employed earner is not a person in respect of whom minimum contributions are paid by the Secretary of State in accordance with section 43 of the Pension Schemes Act 1993, the earnings period in respect of earnings which are derived from such contracted-out employment or, if there is more than one such employment, the shorter, or as the case may be the shortest, of the earnings periods derived from such employments; and
c
in any other case, the shorter, or as the case may be the shortest, of the earnings periods in respect of the earnings derived from the employments.
.
Amendment of regulation 19 of the principal Regulations
3
1
In paragraph (1) of regulation 19 of the principal Regulations (payments to be disregarded) after sub-paragraph (t) there shall be added the following sub-paragraphs —
u
a payment in lieu of coal made to a miner which he is entitled to receive by virtue of his employment as such;
v
a payment of, or contribution towards, expenses incurred by a person —
i
in travelling between the mainland of Great Britain and his place of work being an offshore oil or gas rig or platform situated within an area designated pursuant to section 1(7) of the Continental Shelf Act 1964 (exploration and exploitation of continental shelf) ;
ii
for accommodation in the vicinity of his point of departure from, or arrival at, the mainland of Great Britain when travelling between the mainland of Great Britain and such an offshore oil or gas rig or platform;
w
a payment made to a person as a participant in a Jobmatch Scheme pilot arranged under section 2(1) of the Employment and Training Act 1973 (functions of the Secretary of State) ;
x
a payment by way of the discharge of any liability by the use of a voucher given to a person as a participant in a Jobmatch Scheme pilot arranged under section 2(1) of the Employment and Training Act 1973;
y
a payment —
i
by way of the discharge of any liability which by virtue of section 157(3)(a) of the Income and Corporation Taxes Act 1988 (cars available for private use) ; or
ii
of expenses, which by virtue of section 157(3)(c) of that Act,
is not treated as an emolument of the employment chargeable to income tax under Schedule E.
.
2
After paragraph (7) there shall be added the following paragraph —
8
In paragraph (1)(u) of this regulation “miner” means any person employed at or about a colliery whether on the surface or below ground, except a person employed —
a
in a clerical, technical, or administrative capacity;
b
at a coke oven, brick works or other activity not ancillary to coal mining.
.
Amendment of regulation 19B of the principal Regulations
4
In paragraph (5)(a) of regulation 19B of the principal Regulations (payments to directors which are to be disregarded) , for the words “‘‘company'' is deemed to include a building society within the meaning of the Building Societies Act 1986” there shall be substituted the words “‘‘company'' has the meaning given by section 832(1) and (2) of the Income and Corporation Taxes Act 1988 (interpretation of the Tax Acts)”.
Signed by authority of the Secretary of State for Social Security.
Oliver Heald
Parliamentary Under-Secretary of State,
Department of Social Security
7th March 1996


text:
Title and commencement
1
These Regulations may be cited as the Animals and Animal Products (Import and Export) (Amendment) Regulations 1996 and shall come into force on 9th May 1996.
Amendment of the Animal and Animal Products (Import and Export) Regulations 1995
2
In regulation 10, paragraph (2) of the Animals and Animal Products (Import and Export) Regulations 1995 , for the words “any additional legislation specified in Schedule 3” there shall be substituted the words “any additional requirements specified in Schedule 3”.
3
For Schedules 2, 3, 5 and 6 to the Animals and Animal Products (Import and Export) Regulations 1995, there shall be substituted the provisions of Schedules 1, 2, 3 and 4 to these Regulations.
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
15th April 1996
Lindsay
Parliamentary Under Secretary of State, Scottish Office
15th April 1996


text:
Citation and commencement
1
This Order may be cited as the Social Security (Reduced Rates of Class 1 Contributions) (Salary Related Contracted-out Schemes) Order 1996, and shall come into force on 6th April 1997.
Alteration of reduced rates of Class 1 contributions
2
In section 41(1A) of the Pension Schemes Act 1993 (reduced rates of Class 1 contributions) the percentage specified —
a
in paragraph (a) shall be 1.6 per cent; and
b
in paragraph (b) shall be 3 per cent.
Consequential provision
3
In paragraph 2(3)(a) of Schedule 4 to the Pension Schemes Act 1993 (priority in bankruptcy: employer’s contributions to an occupational pension scheme), so far as the percentage specified in that paragraph applies in relation to earnings paid or payable on or after 6th April 1997, the percentage specifed for non-contributing earners in relation to a salary related contracted-out scheme shall be 4.6 per cent.
Signed by authority of the Secretary of State for Social Security.
Oliver Heald
Parliamentary Under-Secretary of State,
Department of Social Security
3rd April 1996


text:
1
This Order may be cited as the A30 Trunk Road (Great South West Road) (Temporary Restriction of Traffic) Order 1996, and shall come into force on 2nd February 1996.
2
This Order is made because the Traffic Director for London is satisfied that traffic on the length of road mentioned in the schedule to this Order should be prohibited from stopping because works are being or are proposed to be executed on or near that length of road.
3
Save as provided in article 4, during the period starting at 20.00 hours on 2nd February 1996 and ending when those works have been completed, or at 16.00 hours on 26th April 1996 whichever is the sooner, no person shall cause or permit any vehicle to: —
a
Stop at any time in the length of trunk road specified in the schedule to this Order.
4
1
The prohibition specified in article 3 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 controls specified in article 3 do not apply in respect of a person causing a vehicle to stop if that person is —
i
required by law to cause the vehicle to stop or not to proceed;
ii
obliged to stop the vehicle so as to avoid an accident;
iii
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
iv
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
v
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
vi
using the vehicle for fire brigade, ambulance or police purposes;
vii
using the vehicle in connection with the removal of any obstruction to traffic;
viii
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in the schedule;
ix
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or
x
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
3
The controls specified in article 3 do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
4
The controls specified in article 3 do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
5
In so far as, and during such times as, the prohibition specified in article 3 is in force, the provisions of the A30 Trunk Road (Hounslow and Hillingdon) Red Route (Clearway) Traffic Order 1996 are hereby suspended so far as they relate to the length 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
2nd February 1996


text:
1
These Regulations may be cited as the Housing (Change of Landlord) (Payment of Disposal Cost by Instalments) (Amendment No. 3) Regulations 1996 and shall come into force on 25th September 1996.
2
In regulation 3(3) of the Housing (Change of Landlord) (Payment of Disposal Cost by Instalments) Regulations 1990 (payment by instalments) for “7.17 per cent.” substitute “6.87 per cent.”.
3
The Housing (Change of Landlord) (Payment of Disposal Cost by Instalments) (Amendment No. 2) Regulations 1996 are revoked.
4
Regulations 2 and 3 do not apply in respect of any period before the date these Regulations come into force (notwithstanding that interest included in the amount of an instalment is paid on or after that date).
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,Department of the Environment
22nd August 1996
William Hague
Secretary of State for Wales
28th August 1996


text:
Citation and commencement
1
These Regulations may be cited as the Town and Country Planning (Costs of Inquiries etc.) (Examination in Public) Regulations 1996 and shall come into force on 10th October 1996.
Application
2
These Regulations apply in relation to any person, (“the appointed person”) who is appointed to conduct, or is appointed as one of the persons who are to conduct, an examination in public under section 35B(1) of the Town and Country Planning Act 1990 (“the 1990 Act ”) and whose remuneration, and travelling or subsistence allowances (if any), in respect of that appointment are to be paid to him by the local planning authority causing the examination to be held.
Standard daily amount
3
The standard daily amount prescribed under section 303A(8) of the 1990 Act is £273.
Travelling allowances
4
1
The travelling allowance prescribed under section 303A(8) of the 1990 Act in respect of the appointed person where he travels by means of his own private motor vehicle, or such a vehicle for his use, is —
a
23.8 pence per mile where he travels more than 120 miles in a day in connection with the examination in public, in respect of that day;
b
in any other case the amount per mile specified in the second column in Schedule 1 to these Regulations in relation to the cylinder capacity of the engine of the vehicle as specified in the first column of that Schedule.
2
Where paragraph (1) applies, if the appointed person is accompanied by a passenger who is also an appointed person, the appointed person who is not a passenger is entitled to an additional allowance of 2 pence for every mile he travels in connection with the examination in public for the first such passenger and 1 pence per mile for every other such passenger.
3
The travelling allowance prescribed in respect of the appointed person where he travels by means of transport other than that described in paragraph (1) is the actual cost of first class or other class of rail, bus, coach or taxi fares which he incurs except that taxi fares are included within such an allowance only to the extent that it is not reasonably practicable for the appointed person to travel by means of rail, bus or coach.
Subsistence allowance
5
The subsistence allowance prescribed under section 303A(8) of the 1990 Act is, except as specified in paragraphs (2) and (3), in respect of absence of the appointed person from his usual place of residence of the duration described in the first column of Schedule 2 to these Regulations, the amount specified in relation to it in the second column of that Schedule.
2
Subject to paragraph (3), for each complete period of 24 hours the appointed person necessarily spends away from his usual place of residence to enable him to conduct the business of the examination in public he shall be entitled to an allowance of —
a
£62.45 per night spent away from that place of residence, where the examination in public is in the area of the London boroughs, the City of London, the City of Westminster, the Inner Temple or the Middle Temple;
b
£60.00 per night in any other case; and
c
£5.00 for incidental expenses.
3
The subsistence allowance specified shall be the actual cost of accommodation and meals where the cost of the only suitable accommodation and meals which can be obtained exceeds the allowance specified in paragraph (2).
Signed by authority of the Secretary of State for the Environment
Paul Beresford
Parliamentary Under Secretary of State,
Department of the Environment
5th September 1996
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
6th September 1996


text:
Title and commencement
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Oil and Chemical Pollution of Fish and Plants) (Partial Revocation No. 4) Order 1996 and shall come into force on 30th August 1996.
Partial Revocation
2
The Food Protection (Emergency Prohibitions) (Oil and Chemical Pollution of Fish and Plants) Order 1996 is hereby revoked insofar as it applies in relation to crustaceans and whelks which are in the part of the area designated by that Order which is described in the Schedule to this Order.
William Hague
Secretary of State for Wales
29th August 1996