text:
PART I
GENERAL
Citation and Commencement
1
These Regulations may be cited as the Motor Vehicles (Approval) Regulations 1996 and shall come into force on 1st July 1997.
Interpretation
2
1
In these Regulations —
“the 1982 Regulations ” means the Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) Regulations 1982 ;
“the 1984 Regulations ” means the Motor Vehicles (Type Approval) (Great Britain) Regulations 1984 ;
“the 1988 Act ” means the Road Traffic Act 1988;
“the 1989 Regulations ” means the Road Vehicles Lighting Regulations 1989 ;
“approval requirements”, in relation to a vehicle, means the requirements prescribed by section 54 of the 1988 Act as they apply to that vehicle (see also regulation 4(4) and 6(4));
“axle weight”, “gross weight”, “kerbside weight”, “maximum gross weight” and “maximum permitted axle weight” have the meanings given in regulation 3(2) of the Construction and Use Regulations ;
“the Construction and Use Regulations” means the Road Vehicles (Construction and Use) Regulations 1986 ;
“ kg ” means kilograms;
“ kph ” means kilometres per hour;
“ mm ” means millimetres;
“motor ambulance” means a motor vehicle which is specially designed and constructed (and not merely adapted) for carrying, as equipment permanently fixed to the vehicle, equipment used for medical, dental or other health purposes and is used primarily for the carriage of persons suffering from illness, injury or disability;
“motor caravan” means a motor vehicle which is constructed or adapted for the carriage of passengers and their effects and which contains, as permanently installed equipment, the facilities which are reasonably necessary for enabling the vehicle to provide mobile living accommodation for its users;
“ mph ” means miles per hour;
“relevant goods vehicle” has the meaning given in regulation 5(2);
“relevant passenger vehicle” has the meaning given in regulation 3(3);
“transitional provision vehicle” has the meaning given in Schedule 6 to these Regulations; and
“wheel” has the meaning given in regulation 3(2) of the Construction and Use Regulations.
2
A reference in any provision in these Regulations to a prescribed fee is a reference to the fee (if any) for the time being prescribed for the purposes of that provision in regulations made under section 61 of the 1988 Act.
3
Paragraphs (7) and (8) of regulation 3 of the Construction and Use Regulations (determination of the numbers of wheels and axles of a vehicle) shall apply for the purposes of these Regulations (other than item 16 of Schedule 2) as they apply for the purposes of the Construction and Use Regulations (other than regulations 26 and 27).
4
Schedule 5 to these Regulations —
a
interprets expressions relating to Community instruments and ECE Regulations (including references to complying with provisions of such instruments); and
b
sets out details of the Community instruments and ECE Regulations referred to in these Regulations.
5
Without prejudice to section 17 of the Interpretation Act 1978 and subject to context, a reference in these Regulations to any enactment comprised in subordinate legislation (within the meaning of that Act) is a reference to that enactment as from time to time amended or re-enacted with or without modification.
6
In these Regulations, unless the context otherwise requires —
a
any reference to a numbered regulation, is a reference to the regulation bearing that number in these Regulations; and
b
any reference to a numbered or lettered paragraph is a reference to the paragraph bearing that number or letter in the regulation or Schedule in which the reference occurs.
PART II
PASSENGER VEHICLES
Application of Part II
3
1
This Part of these Regulations applies to every motor vehicle which —
a
is a vehicle to which the 1984 Regulations apply or to which those Regulations would apply but for regulation 3(2)(a), (b), (e) or (j)) of those Regulations;
b
meets the requirements of paragraph 1,2 or 3 of Schedule 1 to these Regulations; and
c
is not a motor ambulance or a motor caravan.
2
This Part of these Regulations also applies to every motor vehicle which —
a
is a motor ambulance or a motor caravan;
b
has four or more wheels; and
c
is a vehicle to which the 1984 Regulations apply.
3
In these Regulations, “relevant passenger vehicle” means a vehicle to which this Part of these Regulations apply.
Approval requirements relating to relevant passenger vehicles
4
1
Subject to the following provisions of this regulation, the requirements set out in column 3 of the Table in Schedule 2 to these Regulations are hereby prescribed under section 54 of the 1988 Act as requirements as to the design, construction, equipment and marking of relevant passenger vehicles so far as they are not prescribed under regulation 4 of the 1984 Regulations.
2
The requirements set out in column 3 of the Table in Schedule 2 have effect subject to the exceptions and modifications set out in column 5 of that Table.
An entry in column 4 of an item in the Table shall have effect for the purposes of interpreting or otherwise supplementing the entries in that item and for convenience expressions that are defined in that column are printed in bold type in the Table.
3
Where a provision of any Community instrument or ECE Regulation is applied by Schedule 2, that provision as so applied shall (except in so far as the contrary intention appears and subject to context) have effect in relation to a vehicle that is not a vehicle of category Ml as it has effect in relation to a vehicle of category Ml; and for the purposes of this paragraph “vehicle of category Ml” has the same meaning as in Directive 70/156/ EEC as last amended by Directive 92/53/EEC .
4
A relevant passenger vehicle shall be regarded as complying with all the requirements prescribed under section 54 of the 1988 Act that are applicable to it if at least one of the following three conditions are satisfied in relation to each subject matter mentioned in column 2 of the Table in Schedule 2 to these Regulations.
5
The three conditions are —
a
that the requirements set out in column 3 of the Table in relation to the subject matter are not applicable to the vehicle;
b
that the requirements set out in column 3 of the Table in relation to the subject matter are applicable to the vehicle and the vehicle complies with those requirements;
c
that requirements applicable to the vehicle are prescribed by regulation 4 of the 1984 Regulations in relation to the subject matter and the vehicle complies with those requirements.
6
For the purposes of paragraph (5), the requirements prescribed by regulation 4 of the 1984 Regulations in relation to the subject matter mentioned in item 6 of column 2 of the Table in Schedule 2 to these Regulations (lamps, reflectors and devices) shall be regarded as the requirements prescribed in relation to —
a
installation of lighting and signalling equipment;
b
direction indicators;
c
headlamps and filament lamps;
d
side, rear and stop lamps;
e
rear reflectors; and
f
rear fog lamps.
7
For the purposes of paragraph (5), regulation 4(1A) of the 1984 Regulations shall have effect as if —
a
for sub-paragraph (a), there were substituted —
a
an entry in column (6) of Part I of Schedule 1 shall not apply to the vehicle if the vehicle was manufactured before the date specified or having effect as if specified in that entry;
; and
b
the words after sub-paragraph (b) were omitted.
8
If a relevant passenger vehicle complies with all the requirements prescribed by regulation 4 of the 1984 Regulations (disregarding paragraph (7) above) that are applicable to it, the requirements prescribed by this regulation shall not apply to it.
PART III
GOODS VEHICLES
Application of Part III
5
1
This Part of these Regulations applies to every motor vehicle which —
a
is a vehicle to which the 1982 Regulations apply or to which those Regulations would apply but for regulation 3(2)(q) or (r) of those Regulations;
b
has a maximum gross weight not exceeding 3.5 tonnes; and
c
meets the requirements of paragraph 1,2 or 3 of Schedule 1 to these Regulations.
2
In these Regulations, “relevant goods vehicle” means a goods vehicle to which this Part of these Regulations apply.
Approval requirements relating to relevant goods vehicles
6
1
Subject to the following provisions of this regulation, the requirements set out in column 3 of the Table in Schedule 3 to these Regulations are hereby prescribed under section 54 of the 1988 Act as requirements as to the design, construction, equipment and marking of relevant goods vehicles so far as they are not prescribed under regulation 4 of the 1982 Regulations.
2
The requirements set out in column 3 of the Table in Schedule 3 have effect subject to the exceptions and modifications set out in column 5 of that Table.
An entry in column 4 of an item in the Table shall have effect for the purposes of interpretating or otherwise supplementing the entries in that item and for convenience expressions that are defined in that column are printed in bold type in the Table.
3
Where a provision of any Community instrument or ECE Regulation is applied by Schedule 3, that provision as so applied shall have effect in relation to a vehicle that is not a vehicle of category Nl as it has effect in relation to a vehicle of category Nl ; and for the purposes of this paragraph “vehicle of category Nl” has the same meaning of Directive 70/156/EEC as last amended by Directive 92/53/EEC .
4
A relevant goods vehicle shall be regarded as complying with all the requirements prescribed under section 54 of the 1988 Act that are applicable to it if at least one of the following three conditions are satisfied in relation to each subject matter mentioned in column 2 of the Table in Schedule 3 to these Regulations.
5
The three conditions are —
a
that the requirements set out in column (3) of the Table in relation to the subject matter are not applicable to the vehicle;
b
that the requirements set out in column (3) of the Table in relation to the subject matter are applicable to the vehicle and the vehicle complies with those requirements;
c
that requirements applicable to the vehicle are prescribed by regulation 4 of the 1982 Regulations in relation to the subject matter and the vehicle complies with those requirements.
6
For the purposes of paragraph (5), regulation 4(2A) of the 1982 Regulations shall have effect as if —
a
for sub-paragraph (a), there were substituted —
a
an entry in column (6) of Part I of Schedule I shall not apply to the vehicle if the vehicle was manufactured before the date specified or having effect as if specified in that entry;
; and
b
the words after sub-paragraph (b) were omitted.
7
If a relevant passenger vehicle complies with all the requirements prescribed by regulation 4 of the 1982 Regulations (disregarding paragraph (6) above) that are applicable to it, the requirements prescribed by this regulation shall not apply to it.
PART IV
MISCELLANEOUS
Application for Minister’s approval certificate
7
1
An application for the issue for a Minister’s approval certificate on the basis that the vehicle complies with the approval requirements by virtue of these Regulations shall be made to the Secretary of State.
2
The application shall be in a form which —
a
has been approved by the Secretary of State; and
b
has been duly completed so as to furnish all the information required by that form.
3
The application shall be accompanied by —
a
the documents mentioned in the form as being required in connection with the application; and
b
the prescribed fee.
4
As soon as reasonably practicable after he receives the application, the Secretary of State shall send to the applicant a notice stating the time when and the place where an examination for the purpose of the application is to be carried out.
5
The Secretary of State may by notice to the applicant alter the time when or the place where the examination is to be carried out, but he shall not alter the time to an earlier time without the consent of the applicant.
6
Where an application (“the original application”) is made in accordance with the paragraphs (1) to (3) is refused other than by virtue of regulation 11 or on the grounds that the vehicle is neither a relevant passenger vehicle nor a relevant goods vehicle, a further application by the same applicant in respect of the vehicle shall be regarded as having been made in accordance with and pursuant to those paragraphs if —
a
it is made (orally or in writing) to the Secretary of State during the period of three months beginning with the date on which the original application was refused; and
b
at the time that he makes the further application, the applicant requests an examination to be carried out for the purpose of the further application —
i
at the place where the examination took place for the purposes of the original application, and
ii
during that period of three months.
7
Paragraphs (4) and (5) shall not apply to an application made in accordance with paragraph (6). In the case of such an application —
a
the Secretary of State shall inform the applicant in such manner as he thinks fit of the time when and the place where the examination is to take place;
b
the Secretary of State may alter the time when or the place where the examination is to be carried out, but he shall not alter the time to an earlier time without the consent of the applicant;
c
if the Secretary of State so alters the time or place, he shall inform the applicant in such manner as he thinks fit of the time when and the place where the examination is to be carried out; and
d
the applicant shall pay the prescribed fee to the Secretary of State before the examination is carried out.
8
Paragraphs (4) to (7) shall not apply to an application for the issue of a Minister’s approval certificate under section 58(4) of the 1988 Act.
Assignment of vehicle identification numbers
8
1
This regulation applies where it appears to the Secretary of State when he gives notice under regulation 7(4) that the vehicle to which the application relates does not have a vehicle identification number which —
a
complies with paragraph 3.1 .l of the Annex to Directive 76/l 14/EEC or that Directive as last amended by Directive 78/507/EEC ;
b
has been previously assigned to the vehicle under this regulation; or
c
does not fall within sub-paragraph (a) or (b), but is adequate for the purpose of enabling the vehicle to be identified.
2
In such a case —
a
he shall assign a vehicle identification number to the vehicle; and
b
the number shall be specified in the notice.
3
Where an application is made under regulation 7 for the issue of a Minister’s approval certificate under section 58(4) of the 1988 Act —
a
paragraph (1) shall have the effect as if the words “when” to “regulation 7(4)” were omitted, and
b
paragraph (2) shall have effect as if sub-paragraph (b) were omitted.
Criteria for determining design weights
9
For the purposes of section 54(2) of the 1988 Act, where an application is made pursuant to regulation 7, the criteria for determining, as design weights, the axle weights and gross weights which in the opinion of the Secretary of State should not be exceeded in the case of a vehicle to which these Regulations apply are as follows —
a
the design of the vehicle, its construction and equipment and the stresses to which it is likely to be subject when used on a road;
b
any information which is available about the weight which a vehicle of that type was designed by the manufacturer to carry when used on a road; and
c
any information obtained from an examination of a vehicle of that type or a similar type with a view to ascertaining whether at the time of the examination, it complied with any requirement prescribed under section 54 of the 1988 Act and applicable to it.
Appeals
10
1
An appeal under section 60 of the 1988 Act by a person aggrieved by a determination made on behalf of the Secretary of State pursuant to an application under regulation 7 shall be made by notice in a form which —
a
has been approved by the Secretary of State; and
b
has been duly completed so as to furnish all information which is required by that form.
2
The notice of appeal shall be accompanied by the prescribed fee.
3
The prescribed time within which an appeal against such a determination may be made is 14 days beginning with the date of the determination.
4
As soon as reasonably practicable after the date of the receipt of the notice of appeal the Secretary of State shall send to the appellant a notice stating the time when and the place where the re-examination for the purpose of determining the issues raised on the appeal is to be carried out.
5
The Secretary of State may by notice to the applicant alter the time when or the place where the re-examination is to be carried out, but he shall not alter the time to an earlier time without the consent of the applicant.
Refusal of application or appeal without an examination or a complete examination
11
1
In this regulation —
“examiner”, in relation to an examination, means the person appointed by the Secretary of State to conduct the examination;
“examination”, in relation to an application, means an examination for the purposes of the application.
2
This regulation applies to an appeal under regulation 10 as it applies to an application under regulation 7 for the issue of a Minister’s approval certificate under section 58(1) of the 1988 Act as if references to the application were references to the appeal.
3
The Secretary of State may refuse an application under regulation 7 for the issue of a Minister’s approval certificate under section 58(1) of the 1988 Act even though an examination has not been carried out if —
a
the vehicle is not submitted for examination at the time and place fixed under these Regulations for the examination;
b
the fee in respect of the examinations is not paid at or before the time fixed under these Regulations for the examination;
c
the examiner is not able, with the facilities and apparatus available to him at the place at which the examination would otherwise be carried out, to complete the examination without the vehicle being driven or the engine run and the vehicle is not when submitted for examination, either for want of fuel or oil or for any other reason, fit to be driven or for the engine to be run to such extent as may be necessary for the purposes of carrying out the examination;
d
at the time that the vehicle is submitted for the examination, the vehicle or any part of or any equipment of the vehicle is so dirty or dangerous as to make it unreasonable for the examination to be carried out;
e
any things which are on the vehicle when it is submitted for the examination, and are not part of its equipment or accessories, are required by the examiner to be removed from the vehicle or to be secured in such a manner as he may think necessary and those things are not removed or secured accordingly;
f
when the vehicle is submitted for the examination, a proper examination cannot be carried out as a consequence of any door, tailgate, boot lid, engine cover, fuel cap or other device designed to be capable of being readily opened, being locked or otherwise fixed so that it cannot readily be opened;
g
when the vehicle is submitted for the examination, its condition is such that, in the opinion of the examiner, a proper examination of the vehicle would involve a danger of —
i
injury to any person, or
ii
damage to the vehicle or any other property;
h
when the vehicle is submitted for the examination, there is not permanently fixed to the chassis or main structure of the vehicle in a conspicuous and easily accessible position so as to be readily legible, a vehicle identification number that —
i
complies with paragraph 3.1.1 of Annex to Directive 76/l 114/EEC or that Directive as last amended by Directive 78/570/EEC ;
ii
has been assigned to the vehicle under regulation 8; or
iii
does not fall within sub-paragraph (i) or (ii), but appears to the Secretary of State to be adequate for the purpose of enabling the vehicle to be identified; or
j
the person who is the driver of the vehicle at the time it is submitted for the examination is requested to remain in it or its vicinity throughout the examination, to drive it, to operate its controls or to remove or refit its panels and he declines to do so.
4
Nothing in this regulation shall affect the power of the Secretary of State to refuse an application which he would have were this regulation to be omitted.
Form of certificate
12
1
Subject to paragraph (2), a Minister’s approval certificate issued under section 58(1) of the 1988 Act shall be in the form set out in Schedule 4 to these Regulations or in a form to the like effect where the certificate is issued on the basis that the vehicle complies with the approved requirements by virtue of these Regulations.
2
There shall be inserted in the box under the words “Type Code” —
a
the letter “V” if the certificate is being issued on the basis that the vehicle meets the requirements of paragraph 1 of Schedule 1 to these Regulations;
b
the letter “P” if the certificate is being issued on the basis that the vehicle meets the requirements of paragraph 2 of Schedule 1 to these Regulations;
c
the letter “A” if the certificate is being issued on the basis that the vehicle meets the requirements of paragraph 3 of Schedule 1 to these Regulations;
d
the letter “M” if the certificate is being issued on the basis that the vehicle is a motor ambulance or a motor caravan,
but any letter or letters inserted pursuant to sub-paragraph (a) to (d) may be followed by a zero and then by any letters or numbers that the Secretary of State thinks fit to insert.
3
Paragraphs (1) and (2) shall apply to a Minister’s approval certificate issued under section 58(4) of the 1988 Act as they apply to such a certificate issued under section 58(1) of that Act as if for the words “section 58(1)” in the form set out in Schedule 4 to these Regulations there were substituted the words “section 58(4)”.
Notices
13
Without prejudice to regulation 7(7)(a), every notice under these Regulations shall be in writing and may be given by post.
Obligatory certificates
14
1
Subject to paragraph (2) below, this regulation applies to all relevant goods vehicles and relevant passenger vehicles.
2
This regulation does not apply —
a
to any motor ambulance or a motor caravan;
b
to any vehicle that meets the requirements of paragraph 2 of Schedule 1 to these Regulations and is a vehicle to which section 47 of the 1988 Act applies; or
c
to any registered vehicle.
3
The day appointed for the purposes of section 63(1) of the Road Traffic Act 1988 in relation to every vehicle —
a
to which this regulation applies; but
b
which is not of a class for which a day has previously been appointed for those purposes,
is 1st July 1997.
4
Without prejudice to any other regulations having effect by virtue of section 63(1) of the 1988 Act, all vehicles to which this regulation applies are vehicles of a prescribed class for the purposes of that section.
5
The type approval requirements prescribed for the purposes of section 63(1) of the 1988 Act, in relation to every vehicle to which this regulation applies, are the approval requirements.
6
Section 63(1) of the 1988 Act shall not apply to the use of a relevant passenger vehicle or a relevant goods vehicle —
a
for the purpose of submitting it (by previous arrangement for a specified time on a specified date) before it is registered for an examination pursuant to an application under these Regulations;
b
for the purpose of bringing it away, before it is registered, from such an examination;
c
by an authorised person for the purpose of —
i
taking it to, or bringing it away from, a place where a part of such an examination is to be, or has been, carried out, or
ii
carrying out a part of such an examination, or
iii
warming up its engine in preparation for such an examination, before it is registered;
d
where an application under regulation 7 is refused following such an examination, for the purpose of —
i
delivering it (by previous arrangement for a specified time on a specified date) at a place where relevant work is to be done on it, or
ii
bringing it away from a place where relevant work has been done on it,
before it is registered.
7
In this regulation —
“authorised person” means an examiner appointed under section 66A of the 1988 Act or a person carrying out such an examination under the direction of such an examiner;
“registered” means registered under the Vehicle Excise and Regulation Act 1994;
“relevant work” means work done or to be done to remedy the defects on the ground of which the application was refused (including work to alter the vehicle in some aspect of design, construction, equipment or marking on account of which the certificate was refused).
Licences not be issued for vehicles unless appropriate certificates are in force
15
Where application is made for a licence under the Vehicle Excise and Registration Act 1994 for a vehicle to which regulation 14 applies, the licence shall not be granted unless on the first application after the day appointed by regulations made by virtue of the 1988 Act, for a licence for that vehicle, there is produced evidence that there is or are one or more certificates in force for the vehicle under sections 54 to 58 of the 1988 Act from which it appears that the vehicle complies with the approval requirements.
Signed by authority of the Secretary of State for Transport
John Bowis
Parliamentary Under Secretary of State,
Department of Transport
2nd December 1996


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) Order 1996 and shall come into force at 20.00 hours on 17th July 1996.
2
In this Order “mussels” means Mytilus Edulis, “scallops” means scallops of the class of Pecten Maximus and Queen Scallops of the class of Chlamys Opercularis, “razor clams” means Ensis s.p.p. and “relevant time” means one minute past midnight on 17th July 1996.
Designated circumstances
2
In the opinion of the Secretary of State, mussels, scallops and razor clams in the area designated in article 3 below may be affected by the toxin which causes paralytic shellfish poisoning in human beings and are likely to create a hazard to human health if they are consumed.
Designated area
3
The area described in the Schedule to this Order is hereby designated for the purposes of Part I of the Food and Environment Protection Act 1985.
Activity prohibited in the designated area
4
No person shall fish for or take any mussels, scallops or razor clams in the designated area.
Prohibited movement of mussels, scallops or razor clams
5
No person shall move any mussels, scallops or razor clams out of the designated area.
Restrictions throughout the United Kingdom
6
No person shall in the United Kingdom or in United Kingdom waters–
a
use any mussels, scallops or razor clams taken out of the designated area after the relevant time in the preparation or processing for supply of food and anything from which food could be derived,
b
land any mussels, scallops or razor clams which were in waters in the designated area after the relevant time,
c
supply, or have in possession for supply, any mussels, scallops or razor clams which were in the designated area after the relevant time,
d
supply, or have in possession for supply, any food or anything from which food could be derived in the preparation or processing of which anything was used in contravention of paragraph (a) of this article,
e
feed to any creature a feeding stuff in the preparation or processing of which anything was used in contravention of paragraph (a) of this article.
I R Anderson
Assistant Secretary, Scottish Office
Pentland House,
Edinburgh
17th July 1996


text:
Citation and commencement
1
This Order may be cited as the Essex Ambulance Service National Health Service Trust (Establishment) Amendment Order 1996 and shall come into force on 28th October 1996.
Amendment of NHS trust Establishment Order
2
In Article 4 of the Essex Ambulance Service National Health Service Trust (Establishment) Order 1991 for “5 non-executive” there shall be substituted “4 non-executive” and for “5 executive” there shall be substituted “4 executive”.
Signed by authority of the Secretary of State for Health.
John Horam
Parliamentary Under-Secretary of State,
Department of Health
14th October 1996


text:
PART I
GENERAL
Citation and commencement
1
This Order may be cited as the Lancashire (Boroughs of Blackburn and Blackpool) (Structural Change) Order 1996 and shall come into force for the purposes of articles 2(2), 4(1), (3) and (4), 7 and 8 on the day after the day on which it is made and for all other purposes on 1st April 1998.
Interpretation
2
1
In this Order —
“ the Act ” means the Local Government Act 1992;
“the 1972 Act ” means the Local Government Act 1972 ;
“Blackburn” (except in references to the county of Blackburn) means the borough of Blackburn and “the Blackburn Council” means the council of that borough;
“Blackpool” (except in references to the county of Blackpool) means the borough of Blackpool and “the Blackpool Council” means the council of that borough;
“the County Council ” means the council of Lancashire;
“Lancashire” means the non-metropolitan county of Lancashire;
“the relevant date” means 5th May 1997;
“relevant provision” means a provision in any subordinate legislation made under the Act or made, in connection with the Act or such provision, under any other enactment;
“the reorganisation date” means 1st April 1998; and
“subordinate legislation” has the same meaning as in section 21 of the Interpretation Act 1978 .
2
The period beginning with the relevant date and ending immediately before the reorganisation date is specified as the preliminary period for the purposes of any statutory instrument made under the Act.
PART II
Local Government Reorganisation in Blackburn and Blackpool
Structural change
3
Subject to the following provisions of this Part and to any other relevant provision, the functions of the County Council in relation to Blackburn and Blackpool shall be transferred to the Blackburn Council and the Blackpool Council respectively.
Fire services
4
1
In this article —
“the 1947 Act ” means the Fire Services Act 1947 and
“the relevant area” means the area comprising Lancashire (as constituted on and after the reorganisation date), Blackburn and Blackpool.
2
Blackburn and Blackpool shall, subject to any combination scheme under the 1947 Act, each become the area of a fire authority for the purposes of that Act.
3
For the purposes of the making of a combination scheme with respect to the relevant area before the reorganisation date in accordance with section 10 of the 1947 Act (power to make schemes in advance of alterations to local government areas), section 5(2) of that Act shall have effect, in relation to that area, as if —
a
in paragraphs (a) and (d) of that subsection, for “the constituent authorities”, wherever those words occur, there were substituted “the council of the county of Lancashire”; and
b
in paragraphs (e) and (f) of that subsection, for “any of the constituent authorities” there were substituted “the council of the county of Lancashire”.
4
Section 10 of the 1947 Act shall have effect, in relation to the relevant area, as if after the word “but” there were inserted the words “, except so far as it relates to the constitution of an authority as the fire authority for the combined area constituted by the scheme and the performance by that authority of any functions necessary for bringing the scheme into full operation on that date,”.
Planning functions
5
1
The structure plan applying immediately before the reorganisation date to Lancashire, and any proposals prepared before that date for the alteration or replacement of that plan, shall be treated as if they had been prepared jointly by the County Council, the Blackburn Council and the Blackpool Council; and section 50 of the Town and Country Planning Act 1990 (“the 1990 Act ”) shall apply accordingly.
2
In relation to the Blackburn Council or the Blackpool Council —
a
section 36(5) of the 1990 Act (which provides that a local plan shall not contain policies in respect of minerals or waste) shall not apply;
b
subsection (1) of section 37 of that Act (minerals local plans) shall have effect as if, after the words “local plan”, there were added the words “or include in their local plan their detailed policies in respect of development consisting of the winning and working of minerals or involving the deposit of mineral waste”; and
c
subsection (2) of section 38 of that Act (waste policies) shall have effect as if, after paragraph (b), there were added the following —
or
b
include their waste policies in their local plan.
Constitution of new counties of Blackburn and Blackpool
6
1
Blackburn and Blackpool shall cease to form part of Lancashire.
2
A new county shall be constituted comprising the area of Blackburn and shall be named the county of Blackburn.
3
A new county shall be constituted comprising the area of Blackpool and shall be named the county of Blackpool.
4
Section 2(1) of the 1972 Act (which provides that every county shall have a council) shall not apply in relation to the counties of Blackburn and Blackpool.
PART III
TRANSITIONAL PROVISION
Election of councillors in 1997 and subsequent years
7
1
The Borough of Blackburn (Electoral Arrangements) Order 1976 shall be amended by the substitution of the following article for article 9 —
9
1
Elections of all councillors for wards of the borough shall be held simultaneously on the ordinary day of election of councillors in 1997.
2
The councillors holding office for any ward in the borough immediately before 5th May 1997 shall retire on that date and the newly elected councillors for any such ward shall come into office on that date.
3
Of the councillors elected in 1997 for any ward of the borough, other than North Turton and Whitehall —
a
one-third shall retire in 1999 being, subject to paragraphs (5) and (6) below, the councillor elected by the smallest number of votes;
b
one-third shall retire in 2000 being, subject as aforesaid, the councillor elected by the next smallest number of votes; and
b
the remaining councillor shall retire in 2001.
4
Of the councillors elected in 1997 for the Whitehall ward of the borough —
a
one councillor shall retire in 1999 being, subject to paragraphs (5) and (6) below, the councillor elected by the smaller number of votes; and
b
the remaining councillor shall retire in 2001.
5
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any such year, the person to retire in that year shall be determined by lot.
6
If an election of councillors for any ward is not contested, the person to retire in each such year shall be determined by lot.
7
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
8
The councillor elected in 1997 for the North Turton ward of the borough shall retire in 2000.
9
In each year in which a councillor for a ward in the borough retires in accordance with paragraphs (3) to (8) above an election of a councillor for that ward shall be held on the ordinary day of election of councillors in that year; and the term of office of councillors elected at such an election shall be three years.
10
Except as otherwise provided in the foregoing paragraphs of this article, the term of office of councillors shall be four years and all councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly elected councillors shall come into office on the day on which their predecessors retire. .
2
The Borough of Blackpool (Electoral Arrangements) Order 1975 shall have effect subject to the provisions of paragraphs (3) to (5) below.
3
Elections of all councillors of the Blackpool Council shall be held simultaneously on the ordinary day of election of councillors in 1997, 2000 and 2003 and every fourth year after 2003.
4
The term of office of any councillor so elected shall be, in the case of councillors elected in 1997 and 2000, three years and, in any other case, four years.
5
On the fourth day after any such elections —
a
the persons who were councillors immediately before those elections shall retire; and
b
the newly elected councillors shall come into office.
Suspension of elections and retirement of councillors
8
1
The ordinary election of councillors in 1997 for the electoral divisions of Lancashire comprised in Blackburn and Blackpool shall not take place; and any councillor for such a division holding office immediately before the relevant date who would, but for this paragraph, have retired on that date shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until the reorganisation date.
2
Section 89 of the 1972 Act (filling of casual vacancies in case of councillors) shall have effect —
a
in the case of a casual vacancy occurring in the office of councillor of the Blackburn Council or the Blackpool Council before the relevant date, as if the reference in subsection (3) of that section to the day on which the councillor whose office is vacant would regularly have retired were a reference to the relevant date; and
b
in the case of a casual vacancy occurring in the office of councillor for any electoral division referred to in paragraph (1) above, as if that reference in that subsection were a reference to the reorganisation date.
3
The electoral divisions of Lancashire comprised in Blackburn and Blackpool shall cease to be electoral divisions on the reorganisation date.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
18th July 1996


text:
1
This Order may be cited as the Child Abduction and Custody (Falkland Islands) Order 1996, and shall come into force on 1 March 1997.
2
Sections 1 to 24A, inclusive, section 25(1) and (2), sections 26 and 27 of and Schedules 1 to 3, inclusive, to the Child Abduction and Custody Act 1985, modified as in the Schedule hereto, shall extend to the Falkland Islands.
3
For the purpose of the Schedule hereto, the term “Governor” means the officer for the time being administering the Government of the Falkland Islands.
N. H. Nicholls
Clerk of the Privy Council


text:
1
This Order may be cited as the A19 Trunk Road (A19/A64 Fulford Interchange Improvement) Order 1996 and shall come into force on 27th June 1996.
2
In this Order —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the main new roads” means the new highways which the Secretary of State proposes to construct along the route described in Schedule 1 to this Order;
ii
“the new trunk roads” means the main new road and the slip roads;
iii
“the plan” means the plan numbered HA10 NNMD 2 marked “The A19 Trunk Road (A19/A64 Fulford Interchange Improvement) Order 1996”, signed by authority of the Secretary of State for Transport and deposited at the Department of Transport, Great Minster House, Marsham Street, London, SW1P 4DR; and
iv
“the slip roads” means the new highways which the Secretary of State proposes to construct along the routes described in Schedule 2 to this Order and which connect the main new road with other highways at the places stated in that Schedule.
v
“the A19 Trunk Road” means the East of Snaith — Thirsk — Sunderland Trunk Road;
vi
“the A64 Trunk Road” means the Leeds — York — Scarborough Trunk Road;
3
The main new roads and the slip roads shall become trunk roads from the date when this Order comes into force.
4
The centre line of each of the new trunk roads is indicated by a heavy black line on the plan.
5
The Secretary of State directs as respects any part of a highway which crosses the route of any of the new trunk roads that —
a
where the highway is maintainable at the public expense by a local 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 relevant route is opened for traffic.
Signed by authority of the Secretary of State for Transport
K. A. Lasbury
Director, Northern Network Management Division The Highways Agency
5th June 1996.


text:
Title and commencement
1
This Order may be cited as the Cattle Passports Order 1996 and shall come into force on 1st July 1996.
Application and interpretation
2
1
This Order shall apply in relation to cattle born in Great Britain on or after the coming into force of this Order, and to cattle imported into Great Britain on or after that date.
2
In this Order —
“calf passport” means a document in such form as may be approved by the appropriate Minister for the purposes of moving calves under 28 days old in accordance with article 4 below;
“cattle” means domestic animals of the bovine species (including Bubalus bubalis);
“cattle passport” means a document containing the information set out in the Schedule to this Order in the form issued by the appropriate Minister with sufficient space for it to be completed by a succession of keepers;
“holding” means any establishment, construction or, in the case of an open air farm, any place in which animals are held, kept or handled, but does not include a border inspection post specified for the purposes of importing live animals from outside the European Union;
“import” and “export” mean import and export into and out of Great Britain;
“keeper” means any natural or legal person having care and control of animals, even on a temporary basis.
3
In this Order any reference to a Community instrument is to that instrument as amended at the date this Order is made.
4
Any licence issued under this Order shall be in writing and may be made subject to conditions and may be amended or revoked by notice in writing at any time.
Movement of animals with cattle passports
3
1
Subject to the following provisions of this Order, no person shall move cattle on to or off any holding, or between separately managed herds on the same holding, unless the animal is accompanied by a cattle passport which has been issued and duly completed in accordance with this Order and which bears the same number as the ear tag attached to the animal.
2
Any cattle passport issued under the provisions of this Order shall remain the property of the appropriate Minister and shall be produced or surrendered to an officer of the Minister of Agriculture, Fisheries and Food, the Secretary of State or the local authority on demand.
3
The Minister of Agriculture, Fisheries and Food or the Secretary of State may at any time issue a licence for cattle to be moved without a passport if he is satisfied that it is necessary to do so and that it is not practicable to obtain a passport.
Movement of calves under 28 days without a cattle passport
4
1
The requirement for a cattle passport shall not apply in the case of calves under 28 days old provided that the provisions of this article are complied with.
2
If it moves off a holding, each animal shall be accompanied by a completed calf passport which has been completed and signed by the keeper of the animal at the holding of birth and any subsquent keeper in the same way as a cattle passport.
3
The calf passport shall be completed at any market to which the animal is taken as if it were a cattle passport.
4
If the animal is sold, the calf passport duly completed shall be given by the seller to the buyer.
5
The animal shall not be moved between holdings more than twice in the 28 day period, except that for the purposes of this paragraph movement between two holdings through a market shall count as one movement.
6
The person who is the keeper of the animal when it reaches the age of 28 days shall, within 15 days of it reaching that age and in any event before the animal is moved off a holding again, apply to the appropriate Minister for a passport for it, using the calf passport duly completed in accordance with this article as an application form; and the animal shall not be moved off the holding until the cattle passport has been received.
7
Nothing in this article shall prevent the keeper of an animal which has not been moved off its holding of origin applying for a cattle passport for an animal before it reaches the age of 28 days using an application form in the form approved under article 6 below, but if he does so he shall not move the animal off the holding of origin until he has received the passport.
Imported cattle
5
1
The requirement for cattle to be accompanied by a cattle passport shall not apply in the case of cattle imported for slaughter.
2
In the case of cattle imported other than for slaughter, the requirement for cattle to be accompanied by a cattle passport shall not apply to the movement between the place the cattle enter Great Britain and the place of destination declared on the health certificate accompanying the animal; and where the place of destination is a market, the requirement shall in addition not apply to the movement between that market and the first holding to which the animal is sent from the market.
Application for a passport
6
1
Any person who keeps cattle (other than cattle which have been moved using a calf passport in accordance with article 4 above) shall apply for a cattle passport within 28 days of an animal being marked with an ear tag in accordance with the Bovine Animals (Records, Identification and Movement) Order 1995 or, in the case of an animal imported into Great Britain, within 14 days of arrival.
2
An application for a cattle passport shall be made in writing to the appropriate Minister and shall be in such form as the appropriate Minister shall approve.
3
The application shall be signed by or on behalf of the keeper.
4
The application shall contain the following information in all cases —
a
the ear tag number, breed and sex of the animal; and
b
such other information as the appropriate Minister may reasonably require.
5
In the case of an animal born in Great Britain, the application form shall also contain the following information —
a
the official County, Parish, Holding and Herd number of the herd of birth;
b
the address of the holding;
c
the date of birth of the animal;
d
the ear tag number or other identification of the dam as provided for in the Bovine Animals (Records, Identification and Movement) Order 1995.
6
In the case of an animal imported into Great Britain the application form shall also contain the following information —
a
the country of origin;
b
the date the animal arrived in Great Britain;
c
the official County, Parish, Holding and Herd number of the herd into which the animal was first introduced following arrival in Great Britain;
d
the address of the holding;
e
in the case of an animal imported from another part of the European Economic Area, the ear tag number;
f
in the case of an animal imported from outside the European Economic Area, the identification mark of the animal at the time of importation.
Completion of cattle passports when cattle are moved off holdings
7
1
When cattle are moved off the holding of birth (or the first holding after arrival in Great Britain) for the purposes of sale or slaughter, the keeper shall complete and sign the box headed “seller’s details” in Part II of the cattle passport for each animal before the animal is moved off the holding.
2
When cattle are moved off any subsequent holding (other than a market) for the purposes of sale or slaughter, the keeper shall complete and sign the next empty box headed “seller’s details” in Part II of the cattle passport for each animal before the animal is moved off the holding.
3
When cattle are moved from one herd to another on the same holding, the keeper of each herd shall complete and sign the next empty boxes headed “seller’s details” and “buyer’s details” in Part II of the cattle passport as if the keeper of the first herd were the seller and the keeper of the second herd were the buyer.
4
When cattle are taken to a show, fair or similar function and it is intended to return the animal to the same holding, the keeper —
a
before moving the animal off the holding shall complete the next empty box marked “seller’s details” in Part II of the cattle passport as if the movement were for the purposes of sale;
b
on arrival at the show stall mark the box headed “details of market” with the name and address of the show; and
c
on returning to the original holding complete the box marked “buyer’s details” in Part II of the cattle passport as if he were the buyer within 36 hours of arrival or before the animal is moved off that holding if sooner.
5
A keeper shall not be required to complete a cattle passport in the case of an animal moving from one holding to another holding for the purposes of temporary grazing, providing the animal does not come into contact with any cattle from a different herd; but if the animal comes into contact with an animal from another herd the keeper shall complete the details of the cattle passport as if the movement were a movement for the purposes of sale or slaughter.
Completion of cattle passports at a market
8
1
When cattle arrive at a market, the keeper shall present the cattle passport for each animal to the market operator for completion, and the market operator shall complete the box in Part II of the cattle passport headed “details of market”, including, if it is a market approved for the purposes of Council Directive 64/432/ EEC (on animal health problems affecting intra-Community trade in bovine animals and swine) , the collection centre number allotted to that market for the purposes of that directive in the box marked “CC Number”.
2
No person shall remove cattle from a market unless each animal has had its passport completed in accordance with this article.
3
In the case of an animal aged under 12 weeks the market operator shall record —
a
the name and address of the seller;
b
the name and address of the buyer if known;
c
the ear tag number of the animal;
d
the date of the sale; and
e
where the calf has been brought to a market within the previous 28 days, the address of that market and the date on which the calf was brought there,
and shall keep such record for six months.
Completion of cattle passports when cattle are moved on to a holding
9
When cattle are moved on to a holding other than a market or slaughterhouse, the keeper shall complete and sign the next empty box headed “buyer’s details” (whether or not he in fact brought the animal) in Part II of the cattle passport for each animal within 36 hours of its arrival on the holding and in any event before it is moved off the holding.
Slaughterhouses, knackers' yards and hunt kennels
10
1
No person shall accept cattle at a slaughterhouse for slaughter unless each animal which is required to have a cattle passport or calf passport is accompanied by that document.
2
When cattle arrive at a slaughterhouse, the person in charge of the cattle shall give to the occupier of the slaughterhouse the cattle passport or calf passport for each animal duly completed.
3
Following slaughter, the occupier of the slaughterhouse shall immediately give the cattle passport or calf passport for each animal slaughtered to the official veterinary surgeon designated under regulation 8 of the Fresh Meat (Hygiene and Inspection) Regulations 1995 or his representative, together with notification of the fact that the animal has been slaughtered.
4
If an animal arrives at a slaughterhouse without a passport or with the wrong passport, it shall not be moved from the slaughterhouse except under the authority of a licence granted by the official veterinary surgeon designated in accordance with paragraph (3) above or his representative.
5
Any person who collects any live cattle for killing at a knacker’s yard or hunt kennel, or any dead cattle which have been killed on a holding or died on a holding other than a slaughterhouse, shall collect the passport or calf passport for that animal (if it has one) at the same time as he collects the animal, and shall either —
a
send the passport or calf passport (if it has one) to the appropriate Minister within 21 days of collection, giving the address of the holding of collection and indicating that the animal has been killed; or
b
if the animal did not have a passport or calf passport, notify the appropriate Minister within 21 days of collection of the animal of the ear tag number of the animal and the address of the holding of collection.
Retention of cattle passports
11
1
The keeper of cattle on a holding shall ensure that, once a cattle passport has been completed for an animal, the passport is kept on that holding at all times that the cattle are on the holding.
2
Whenever cattle are transported, the transporter shall ensure that each animal is accompanied throughout its journey by its cattle passport duly completed.
3
When cattle are sold, the seller shall give each animal’s cattle passport duly completed to the buyer.
Change of ear tag number
12
In the event of an animal being re-tagged with a different ear tag number under the provisions of the Bovine Animals (Records, Identification and Movement) Order 1995, the keeper shall, within 14 days of the new ear tag being attached and in any event before the animal is moved off the holding, notify the appropriate Minister of the new ear tag number and return the old passport with an application for a new passport to be issued with the new ear tag number.
Lost passports
13
1
If a cattle passport is lost, stolen or destroyed, the keeper of the animal to which it relates shall notify the appropriate Minister in writing of the fact within 14 days of him becoming aware of the fact.
2
In the event of notification under paragraph (1), a replacement may be provided by the appropriate Minister if the keeper so requests.
3
The appropriate Minister shall only provide a replacement cattle passport if he is satisfied that he can accurately reconstruct the movements of the animal since birth.
4
In the case of any cattle where the cattle passport has been lost, stolen or destroyed and the appropriate Minister has not provided a replacement, or is unable to provide a replacement because he cannot satisfy himself in accordance with the preceding paragraph, the animal shall not be used for human consumption, and shall not be moved off a holding except (under the authority of a licence granted by the Minister of Agriculture, Fisheries and Food or the Secretary of State) to a knacker’s yard or hunt kennel.
Export of cattle
14
1
Any person applying for an export health certificate for cattle shall surrender the cattle passport or calf passport relating to each animal to the officer of the Minister of Agriculture, Fisheries and Food who signs the certificate at the time of signature.
2
After its cattle passport or calf passport has been surrendered, an animal shall not be moved from the holding where the export health certificate was signed unless accompanied by that health certificate.
3
If, after the issue of an export health certificate, an animal is not exported —
a
the animal shall not be moved except with either the original health certificate or under the authority of a licence issued by the Minister of Agriculture, Fisheries and Food or the Secretary of State, which shall state the destination of the animal; and
b
the person transporting the animal shall give to any person to whom he transfers it details of —
i
the number of the export health certificate;
ii
the date the certificate was signed; and
iii
the name of the person who signed the certificate;
and the subsequent keeper shall record the information and keep it for as long as he keeps possession of the animal.
4
The keeper of an animal whose passport has been surrendered in accordance with this article, but which has not subsequently been exported, may apply in writing to the appropriate Minister for the return of its passport; but the appropriate Minister shall only return the passport if he is satisfied that —
a
the animal has not been exported;
b
all movements of the animal can be traced; and
c
the export health certificate has either expired or has been revoked.
Animal deaths
15
If an animal to which this Order relates dies and is not taken to a slaughterhouse, knacker’s yard or hunt kennel, the person who was the keeper of the animal at the time of death shall send the passport (or application form for a passport if the animal had been marked with an ear tag but had not been granted a passport) to the appropriate Minister within 15 days of the death and specify in writing the method of disposal.
Late applications
16
In the event of any person applying for a passport outside the time limits specified in this Order, the passport shall not be granted unless in the opinion of the appropriate Minister it is reasonable to grant it taking into account all the circumstances of the case.
Amendment to the Bovine Animals (Records, Identification and Movement) Order 1995
17
1
The Bovine Animals (Records, Identification and Movement) Order 1995 shall be amended in accordance with this article.
2
For article 6 there shall be substituted the following provision —
Restriction on bringing calves to market
6
No person shall bring a bovine animal aged under 12 weeks to market if it has been brought to market more than once in the previous 28 days.
.
3
Article 7(3) is hereby revoked.
4
Notwithstanding the provisions of this article, in the case of an animal born before the coming into force of this Order being brought to market under the age of 12 weeks, the provisions of article 6 of the Bovine Animals (Records, Identification and Movement) Order 1995 shall continue to apply as if not amended by this article.
5
After article 11 there shall be inserted the following provision —
Double ear tagging
11A
Notwithstanding the provisions of article 11 above, it shall not be unlawful to use two ear tags on an animal bearing the number approved by the Minister under article 8(3) above, one on each ear, provided that each ear tag has the same number.
.
Enforcement
18
This Order shall be enforced by the appropriate Minister and the local authority.
Angela Browning
Parliamentary Secretary Ministry of Agriculture, Fisheries and Food
27th June 1996
Lindsay
Parliamentary Under-Secretary of State Scottish Office
28th June 1996
Signed by authority of the Secretary of State for Wales
Jonathan Evans
Parliamentary Under-Secretary of State Welsh Office
27th June 1996


text:
Citation and commencement
1
This Order may be cited as the Dartford and Gravesham National Health Service Trust (Establishment) Amendment Order 1996, and shall come into force on 6th April 1996.
Amendment of Establishment Order
2
In Article 3 of the Dartford and Gravesham National Health Service Trust (Establishment) Order 1993 (functions of the trust) —
a
in paragraph (1) for “section 5(1)(a)” there shall be substituted “section 5(1)(b)”; and
b
for paragraph (2) there shall be substituted the following new paragraph: —
2
The trust’s functions shall be to provide and manage hospital accommodation and services at either or both of the following premises: —
a
Joyce Green Hospital, University Way, Dartford DA1 5PL ;
b
Darenth Park, Gore Road, Dartford DA2 8LZ;
and at any hospital which is associated with either of those premises.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State
Department of Health
27th March 1996


text:
1
This order may be cited as the Offshore Installations (Safety Zones) Order 1996 and shall come into force on 7th February 1996.
2
A safety zone is hereby established around each installation specified in column 1 of the Schedule hereto (being an installation stationed in waters to which subsection (7) of section 21 of the Act applies) having a radius of five hundred metres from the point as respects that installation which has the co-ordinates of latitude and longitude according to European Datum (1950) specified in columns 2 and 3 of the Schedule.
Signed by authority of the Secretary of State.
Paul Beresford
Parliamentary Under-Secretary of State,
Department of the Environment
17th January 1996


text:
1
These Regulations may be cited as the Landfill Tax (Amendment) Regulations 1996 and shall come into force on 2nd September 1996.
2
The Landfill Tax Regulations 1996 (“the Regulations”) shall be amended in accordance with the following regulations.
3
The following regulation shall be inserted in PART XII of the Regulations before regulation 48:
A48
In this Part —
“Job Band” followed by a number between “1” and “12” means the band for the purposes of pay and grading in which the job an officer performs is ranked in the system applicable to Customs and Excise.
.
4
In regulations 48(1) and 49(a) and (b) for the words “Higher Executive Officer” there shall be substituted “Job Band 7”.
E. Woods
Commissioner of Customs and Excise
New King’s Beam House22 Upper Ground London
12th August 1996


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Optical Charges and Payments) Amendment Regulations 1996 and shall come into force on 1st April 1996.
2
In these Regulations, “the principal Regulations”means the National Health Service (Optical Charges and Payments) Regulations 1989 .
Amendment of regulation 20 of the principal Regulations
2
In regulation 20 of the principal Regulations (redemption value of voucher for replacement or repair) —
a
in paragraph (1)(b), for “£38.60” there is substituted “£39.00”; and
b
in paragraph (3), for “£9.90” there is substituted “£10.00”.
Amendment of Schedules to the principal Regulations
3
1
In Schedule 1 to the principal Regulations (voucher letter codes and face values — supply and replacement) , in column 3 (face value of voucher), for each amount specified in column 1 of the table below there is substituted the amount specified in relation to it in column 2 of that table.
TABLE
Column 1 Column 2 Old Amount New Amount
£26.40 £26.70 £40.10 £40.50 £54.70 £55.20 £107.30 £108.40 £45.50 £46.00 £57.90 £58.50 £69.80 £70.50 £118.00 (in both places where it appears) £119.20 £38.60 £39.00
2
In Schedule 2 to the principal Regulations (prisms, tints, photochromic lenses, small and special glasses and complex appliances) —
a
in paragraph 1(1)(a) (prism — single vision lens), for “£5.10”there is substituted “£5.20”;
b
in paragraph 1(1)(b) (prism — other lens), for “£6.30” there is substituted “£6.40”;
c
in paragraph 1(1)(c) (single vision tinted lens), for “£2.60” there is substituted “£2.70”;
d
in paragraph 1(1)(d) (other tinted lens), for “£3.10” there is substituted “£3.20”;
e
in paragraph 1(1)(e) (small glasses) —
i
in sub-head (i), for “£43.50” there is substituted “£43.90”,
ii
in sub-head (ii), for “£38.60” there is substituted “£39.00”, and
iii
in sub-head (iii), for “£20.90” there is substituted “£21.10”;
f
in paragraph 1(1)(f) (photochromic lenses), for “£2.60” there is substituted “£2.70” and for “£3.10” there is substituted “£3.20”;
g
in paragraph 1(1)(g) (specially manufactured frames), for “£43.50” there is substituted “£43.90”;
h
in paragraph 2(a) (minimum complex appliance payment — single vision lenses), for “£4.30” there is substituted “£4.40”; and
i
in paragraph 2(b) (minimum complex appliance payment — other lenses), for “£23.40” there is substituted “£23.60”.
3
For Schedule 3 to the principal Regulations (voucher values — repair) , there is substituted the Schedule 3 set out in the Schedule to these Regulations.
Application of these Regulations
4
The amendments made by these Regulations apply only in relation to a voucher —
a
accepted or used pursuant to regulation 12 or regulation 18 of the principal Regulations on or after 1st April 1996; or
b
provided to a Health Authority pursuant to regulation 14(2)(c) of the principal Regulations in respect of cost incurred on or after that date.
Signed by authority of the Secretary of State for Health
Gerald Mallone
Minister of State
Department of Health
5th March 1996


text:
Citation and commencement
1
This Order may be cited as the Homelessness (Suitability of Accommodation) Order 1996 and shall come into force on 20th January 1997.
Matters to be taken into account
2
In determining whether it would be, or would have been, reasonable for a person to continue to occupy accommodation and in determining whether accommodation is suitable for a person there shall be taken into account whether or not the accommodation is affordable for that person and, in particular, the following matters —
a
the financial resources available to that person, including, but not limited to, —
i
salary, fees and other remuneration;
ii
social security benefits;
iii
payments due under a court order for the making of periodical payments to a spouse or a former spouse, or to, or for the benefit of, a child;
iv
paymrnts of child support maintenance due under the Child Support Act 1991
v
contributions to the costs in respect of the accommodation which are or were made or which might reasonably be expected to be, or have been, made by other members of his household;
vi
pensions
vii
financial assistance towards the costs in respect of the accommodation, including loans, provided by a local authority, voluntary organisation or other body;
viii
benefits derived from a policy of insurance;
ix
savings and other capital sums;
b
the costs in respect of the accommodation, including, but not limited to, —
i
payments of, or by way of, rent;
ii
payments in respect of a licence or permission to occupy the accommodation;
iii
mortgage costs;
iv
payments of, or by way of, service charges;
v
mooring charges payable for a houseboat;
vi
where the accommodation is a caravan or a mobile home, payments in respect of the site on which it stands;
vii
the amount of council tax payable in respect of the accommodation;
viii
payments by way of deposit or security in respect of the accommodation;
ix
payments required by an accommodation agency;
c
payments which that person is required to make under a court order for the making of periodical payments to a spouse or a former spouse, or to, or for the benefit of, a child and payments of child support maintenance required to be made under the Child Support Act 1991;
c
that person’s other reasonable living expenses.
Signed by authority of the Secretary of State for the Environment
James Clappison
Parliamentary Under Secretary of State,
Department of the Environment
18th December 1996
Signed by authority of the Secretary of State for Wales
Jonathan Evans
Parliamentary Under Secretary of State,
Welsh Office
19th December 1996