text:
Citation and commencement
1
These Regulations may be cited as the Education (Grants for Education Support and Training: Nursery Education) (England) Regulations 1996 and shall come into force on 18th March 1996.
Interpretation
2
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Education (Grants and Awards) Act 1984;
“approved expenditure” means any expenditure which is approved as provided in regulation 3 below;
“financial year” means a period of twelve months ending with 31st March;
“grant” means a grant in pursuance of these Regulations; and
“the Principal Regulations ” means the Education (Grants for Education Support and Training) (England) Regulations 1995 .
Expenditure in respect of which grants are payable
3
1
Subject to paragraph (4) below grant shall be payable under the Act in respect of expenditure incurred or to be incurred during the financial year ending in 1996 or in 1997 by a local education authority mentioned in paragraph (2) below for or in connection with the provision of nursery education during the financial year ending in 1997.
2
The local education authorities referred to in paragraph (1) above are —
Norfolk County Council;
The Council of the Royal Borough of Kensington and Chelsea;
The Council of the London Borough of Wandsworth;
Westminster City Council.
3
For the purposes of paragraph (1) above “nursery education” is education which is provided for a child who has attained the age of four and is provided at any time preceding his first school term starting after his fifth birthday (or, if he does not attend school, before the latest time at which he might reasonably have been expected to have begun to attend school if he had attended school).
4
Grants shall only be payable in respect of expenditure incurred or to be incurred in either of the financial years referred to above to the extent that the expenditure is approved for that year for the purposes of these Regulations.
Grants in respect of payments to third parties
4
Where —
a
a local education authority referred to in regulation 3(2) above incurs expenditure in making payments, whether by way of maintenance, assistance or otherwise, to any other body or persons who incur expenditure for or in connection with educational purposes, and
b
that expenditure of the recipient of the payments or any part thereof would fall within regulation 3(1) above if it were expenditure of the authority,
such payments shall to that extent be treated as falling within regulation 3(1) above for the purposes of these Regulations.
Rate of Grant
5
Grants in respect of approved expenditure shall be at the rate of 100 per cent of such expenditure.
Conditions for and time and manner of payment of grant
6
1
For the purposes of this regulation a main period is one of the following periods —
a
1st April to 31st July 1996;
b
1st August to 31st December 1996;
c
1st January to 31st March 1997.
2
No payment of grant shall be made except in response to an application in writing from a local education authority to the Secretary of State, authenticated by the officer of the authority responsible for the administration of their financial affairs or his deputy.
3
Subject to paragraph (6) below applications for the payment of grant shall relate to expenditure which the local education authority estimate will be incurred during such period as is specified in the application.
4
A period specified in an application for a grant under paragraph (3) above must be such that —
a
no period falls within more than one main period; and
b
there are no more than two periods in any one main period.
5
Where expenditure incurred during any main period differs from the estimated expenditure specified in the application for grant in respect of that period an adjustment shall be made —
a
where the difference between the estimated and actual expenditure arose in respect of the main period starting on 1st April 1996 or 1st August 1996, by an adjustment to the grant payable in respect of any application in the next main period; and
b
where the difference between the estimated and actual expenditure arose in respect of the main period starting on 1st January 1997, by payment by the Secretary of State to the local education authority or by re-payment of grant by the local education authority to the Secretary of State in each case before 1st April 1997.
6
The first application for grant under paragraph (3) above may relate (in addition to expenditure as described in paragraph (3) above) to expenditure incurred during the financial year ending in 1996 in defraying administration expenses in connection with the provision of nursery education mentioned in regulation 3 above.
7
The statement referred to in regulation 6(5) of the Principal Regulations required to be submitted to the Secretary of State for the financial year ending in 1997 shall specify the approved expenditure under these Regulations (in addition to the approved expenditure under the Principal Regulations).
8
Any further under-payment or over-payment of grant which remains outstanding following receipt of the auditor’s certificate referred to in regulation 6(5)(b) of the Principal Regulations shall, (without prejudice to any right of recovery of any over-payment from any subsequent payment of grant under the Principal Regulations), be adjusted by payment between the local education authority and the Secretary of State.
7
No grant shall be paid before 1st April 1996.
8
Regulation 8 of the Principal Regulations shall apply in relation to payment of grant under these Regulations as if these Regulations were the Principal Regulations.
Requirements to be complied with
9
Regulation 9 of the Principal Regulations shall apply in relation to payment of grant under these Regulations as if these Regulations were the Principal Regulations.
10
1
Any local education authority to whom a payment of grant has been made shall comply with such requirements as may be determined by the Secretary of State in the case in question.
2
Requirements determined under this regulation may include requirements as to —
a
the repayment of grant;
b
the payment to the Secretary of State of other sums related to the value of assets acquired, provided or improved —
i
with the aid of grant; or
ii
by any other body or persons referred to in regulation 4(a) above with the aid of payments made by the authority in respect of which grant has been paid; or
c
the payment of interest on sums due to the Secretary of State.
Robin Squire
Parliamentary Under Secretary of State,
Department for Education and Employment
15th February 1996


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Occupational Pension Schemes (Mixed Benefit Contracted-out Schemes) Regulations 1996 and shall come into force on 6th April 1997.
2
In these Regulations —
“the 1993 Act ” means the Pension Schemes Act 1993 ;
“the Contracting-out Regulations ” means the Occupational Pension Schemes (Contract ing-out) Regulations 1996 ;
“mixed benefit contracted-out scheme” means a scheme which is contracted-out by virtue of its being a relevant scheme;
“principal appointed day” has the same meaning as in section 7(2B) of the 1993 Act ;
“section 9(2B) rights” has the same meaning as in the Contracting-out Regulations.
3
An occupational pension scheme to which section 149(1) of the Pensions Act 1995 applies (referred to in these Regulations as “a relevant scheme”) is to be treated for the purposes of these Regulations as if the pensions provided by the scheme falling within paragraph (a) of that subsection, and the pensions provided by the scheme falling within paragraph (b) of that subsection, were provided by separate parts of the scheme; and references in these Regulations to a separate part of such a scheme are to be read accordingly.
4
Any reference in these Regulations to the salary-related part or the money purchase part of a relevant scheme is a reference to the separate part providing such pensions as are referred to in paragraphs (a) and (b) respectively of that subsection.
5
For the purposes of these Regulations a separate part of a relevant scheme is inactive if —
a
any member has accrued rights by reference to that part; and
b
no further benefits may accrue in respect of any member’s service by reference to that part.
Parts of a relevant scheme to be treated as separate schemes for contracting-out purposes
2
1
Subject to paragraph (4), if the condition specified in paragraph (2) is satisfied, a relevant scheme is to be treated for the purposes of Part III of the 1993 Act as if the separate parts of the scheme were separate schemes.
2
The condition referred to in paragraph (1) is that the rules of the relevant scheme are such that a member’s service in a single employment at any given time may be qualifying service by reference only to one of the separate parts.
3
Where one separate part of a relevant scheme has become inactive, it is to continue to be treated as a separate scheme for the purposes of Part III of the 1993 Act, notwithstanding that it has ceased to satisfy subsection (2) or, as the case may be, subsection (3) of section 9 of that Act .
4
Part III of the 1993 Act is to have effect, in relation to the separate parts of a relevant scheme, with the following modifications —
a
any reference to a contracting-out certificate is to be read as a reference to a single certificate —
i
relating to both separate parts of the relevant scheme and stating that the relevant scheme is contracted-out by virtue of subsections (2) and (3) of section 9; or
ii
relating, if one of the separate parts is inactive, to the other part of the relevant scheme and stating that the relevant scheme is contracted-out by virtue of subsection (2) or, as the case may be, subsection (3) of section 9,
and section 12 (determination of basis on which scheme is contracted-out) does not apply;
b
any reference in section 11 (elections as to employments covered by contracting-out certificates) to an election is to be read as a reference to an election in relation to the relevant scheme;
c
in section 16 (revaluation of earnings factors: early leavers) references to the scheme are to be read as references to the relevant scheme;
d
sections 50 to 53, except section 51, (approval of arrangements for, and supervision of, formerly certified schemes) are to apply to an inactive part of the relevant scheme as if it were a scheme which had ceased to be certified as a contracted-out scheme;
e
in section 55(2) (circumstances in which a contributions equivalent premium is payable) the reference to an occupational scheme is to be read as a reference to the relevant scheme and in sections 56(4), 57(3) and (4), 60(4), 61(1)(b), (8) and (11) references to a scheme are to be read as references to the relevant scheme ;
f
in spite of sub-paragraph (e) above, in section 58(4) (amount of a contributions equivalent premium) the reference to a scheme in relation to an earner’s contracted-out employment is to be read as a reference only to the salary-related part of the relevant scheme.
5
For the purposes of any regulations made under Part III of the 1993 Act, a relevant scheme is also to be treated as if the separate parts of the scheme were separate schemes, subject to the modifications to that Part provided for in paragraph (4) above and any modifications to such regulations provided for in regulations 3 and 4 below.
Modification of the Contracting-out Regulations
3
1
The Contracting-out Regulations are to be modified in relation to the separate parts of a relevant scheme in accordance with the following provisions of this regulation.
2
In regulation 3 of those Regulations (notices by employers of intended election), in the case of an election with a view to the issue of a contracting-out certificate in respect of a relevant scheme, there is to be a further requirement that the notice referred to in that regulation must state that the employment would be contracted-out by reference to a mixed benefit contracted-out scheme and explain —
a
in a case where all the earners in the employment fall only in one separate part, how benefits would accrue to an earner under that part if the employment were contracted-out; and
b
in any other case, by reference to each separate part, how benefits would accrue to an earner if the employment were contracted-out,
and paragraph (2)(g)(i) of that regulation does not apply.
3
In regulation 6 of those Regulations (information to be included in an election), in a case referred to in paragraph (2) above —
a
there is to be added to the particulars specified in paragraph (1) of that regulation (particulars to be included in an election) a statement as to whether all the earners in each employment may fall in either of the separate parts and, if not, the categories of earner which fall only in the salary-related part or, as the case may be, only in the money purchase part;
b
the requirements to provide the confirmation and evidence referred to in paragraphs (3) and (4) of that regulation are to apply in relation to each separate part.
4
In regulation 9 of those Regulations (elections for the variation or surrender of contracting-out certificates) —
a
in the case of an election with a view to the variation of a contracting-out certificate in the event of a scheme becoming a relevant scheme, the further requirement referred to in paragraph (2) above is to apply in relation to the notice referred to in paragraphs (4) and (5) of that regulation; and
b
in the case of an election with a view to the variation of a contracting-out certificate in the event of a scheme becoming a relevant scheme or one separate part of a relevant scheme becoming inactive, paragraph (3) of that regulation does not apply.
5
Regulation 10 (special provision with regard to elections for the issue, variation or surrender of certificates where the employment remains contracted-out) does not apply in the case of an election made in the event of a scheme becoming a relevant scheme or one separate part of a relevant scheme becoming inactive.
6
In regulation 16 of those Regulations (requirement to confirm relevant requirements satisfied) the requirement to provide confirmation or evidence in accordance with that regulation is to be read as a requirement to provide such confirmation or evidence —
a
as to the matters referred to in paragraph (1)(a) of that regulation in respect of the salary-related part (if it is not inactive) and as to the matters referred to in paragraph (1)(b) of that regulation in respect of the money purchase part (if it is not inactive); and
b
if either of those separate parts is inactive, as to the matters referred to in paragraph (1)(c) or, as the case may be, (d) of that regulation, as if that separate part were a scheme which had ceased to be contracted-out.
7
Part III of those Regulations (salary-related contracted-out schemes) is to have effect only in relation to the salary-related part of the relevant scheme save that, in regulation 18, the references to the scheme (apart from the first) are to be read as references to the relevant scheme.
8
Part IV of those Regulations (money purchase contracted-out schemes) is to have effect only in relation to the money purchase part of the relevant scheme.
9
Part V of those Regulations (further requirements (all schemes) and overseas schemes) is to have effect in relation to each separate part of the relevant scheme save that, in regulation 44, there shall be added a further requirement that, in a case where —
a
a transfer payment is made in respect of a guaranteed minimum pension, section 9(2B) rights or protected rights between the separate parts of the relevant scheme, or
b
there is a change in relation to any member so that service which qualified for benefits under one separate part of the relevant scheme becomes service which qualifies for benefits under the other separate part and, in relation to the first-mentioned part, that member has accrued rights to a guaranteed minimum pension or protected rights which have accrued in respect of service before the principal appointed day,
the trustees or managers must, within 5 weeks of the date of the transfer payment or of the change, notify the Secretary of State of its occurrence, giving such particulars as the Secretary of State may reasonably require.
10
In regulation 49 of those Regulations (insolvent schemes) —
a
subject to sub-paragraphs (b) and (c) below, the references to a scheme in that regulation are to be read as references to the relevant scheme;
b
the condition in paragraph (3)(a) of that regulation (requirement, in the case of a money purchase contracted-out scheme, for a determination by the Compensation Board) is to apply only in relation to the money purchase part of the relevant scheme and where —
i
there has been no determination such as is mentioned in that paragraph; or
ii
there has been such a determination but, in the opinion of the Secretary of State, it is not attributable to the money purchase part,
paragraph (1) of that regulation is to apply only in relation to any rights which a member has in the salary-related part;
c
in paragraph (4)(a)(ii) of that regulation the reference to a money purchase scheme is to be read as a reference to the money purchase part of the relevant scheme.
11
Part VII of those Regulations (guaranteed minimum pensions) is to have effect only in relation to the salary-related part of the relevant scheme.
12
The provision in regulation 70(1) of those Regulations for the continuation of a contracting-out certificate issued before the principal appointed day is to apply in the case of a relevant scheme which was a salary-related contracted-out scheme immediately before that day, save that the relevant scheme must satisfy the requirements of both subsection (2) and (3) of section 9 of the 1993 Act during the period referred to in that regulation.
13
Regulation 71 of those Regulations (elections for replacement certificates by salary-related contracted-out schemes during transitional period) is also to apply during the period referred to in that regulation in the case of an election made with a view to a scheme which is contracted-out under section 9(2) of the 1993 Act becoming a mixed benefit contracted-out scheme.
14
In regulation 72 of those Regulations (transitional requirements as to sufficiency of resources of salary-related schemes) references to the resources and liabilities of a scheme are to be read as references to the resources and liabilities of the relevant scheme.
Transfer of guaranteed minimum pensions, section 9(2B) rights and protected rights between parts of a relevant scheme
4
1
The following regulations are to be modified in relation to the separate parts of a relevant scheme in accordance with paragraph (2) below —
a
The Contracting-out (Transfer and Transfer Payment) Regulations 1996 ;
b
The Protected Rights (Transfer Payment) Regulations 1996 .
2
In a case where a transfer payment in respect of an earner’s protected rights, accrued rights to a guaranteed minimum pension or accrued section 9(2B) rights is between the separate parts of the relevant scheme, there is to be added to any requirements which, by virtue of those Regulations, must be satisfied before a transfer payment may be made, the following further requirements —
a
that the cash equivalent of —
i
those rights; or
ii
where the transfer payment forms part of a larger payment giving effect to those and other rights, all the rights to which the payment is to give effect,
has been calculated in a manner consistent with section 97 of the 1993 Act , as at a date which is not more than 3 months before the date on which the payment is made;
b
the earner has been notified in writing of the amount of that cash equivalent; and
c
in a case where the transfer payment is in respect of guaranteed minimum pensions or section 9(2B) rights, that amount has not been reduced since he was so notified.
Transitional arrangements for the certification of relevant schemes which were formerly contracted-out money purchase schemes
5
In the case of a scheme which, immediately before 6th April 1997 or at any time during the period beginning with that day and ending on 5th April 1998, is a money purchase contracted-out scheme, any variation or issue of a contracting-out certificate in the event of that scheme becoming a relevant scheme may not have effect before that period has expired.
Signed by authority of the Secretary of State for Social Security.
Oliver Heald
Parliamentary Under-Secretary of State,
Department of Social Security
25th July 1996


text:
Citation
1
This Order may be cited as the Housing Act 1996 (Commencement No. 4) Order 1996.
Commencement
2
Section 167 of the Housing Act 1996 shall come into force on 23rd October 1996 for the purposes of requiring a local housing authority to consult on an allocation scheme prior to its adoption and enabling them to adopt the scheme.
Signed by authority of the Secretary of State.
David Curry
Minister of State,
Department of the Environment
15th October 1996


text:
Citation and commencement
1
These Regulations may be cited as the Nuclear Generating Stations (Security) Regulations 1996 and shall come into force on 1st April 1996.
Interpretation
2
In these Regulations —
a
“the 1965 Act ” means the Nuclear Installations Act 1965 ;
b
“the 1974 Act” means the Health and Safety at Work etc. Act 1974;
c
an “ancillary purpose” means the examination of irradiated nuclear fuel by or on behalf of the operator of the generating station, for purposes connected with operating that generating station;
d
“approved security plan” means a security plan which has been submitted to and duly approved by the Secretary of State in respect of the Site in question, or (as the case may be) in respect of nuclear fuel in transit, as amended by any modifications that have been approved or required by the Secretary of State, and which has not ceased to be approved by virtue of a notice given by the Secretary of State revoking his approval;
e
“breach of security” means:
i
any unauthorised access onto the Site or interference with any plant, equipment or nuclear fuel thereon or with any nuclear fuel in transit;
ii
any contravention of these Regulations; or
iii
any interruption or suspension of the security regime to which the Site or any nuclear fuel in transit to or from the Site is subject;
f
“the commencement date” means 1st April 1996;
g
an “existing generating station” and an “existing laboratory” mean, respectively, a generating station and a laboratory which at the commencement date is or has been in operation;
h
“generating station” means a relevant nuclear installation designed or used, or which has at any time been used, for the purpose of generating electricity with a view to giving a supply to any premises or enabling a supply to be given;
i
“in transit” means in the course of or awaiting transportation by road, rail or sea to the Site from any other place in Great Britain, or vice versa;
j
an “inspector” means an inspector appointed under section 19 of the 1974 Act for the purpose of exercising the powers conferred on him in relation to these Regulations;
k
“laboratory” means a relevant nuclear installation which was constructed or has been adapted exclusively or primarily for use for an ancillary purpose, and which, if it has at any time been in use, has for the period of such use been used exclusively or primarily for an ancillary purpose;
l
a “new generating station” and a “new laboratory” mean, respectively, a generating station and a laboratory which at the commencement date has never been in operation;
m
“nuclear fuel” means fuel which is intended for use in a generating station, or irradiated fuel which has been used in a generating station;
n
“nuclear installation” means any installation the operation of which requires a licence under section 1 of the 1965 Act, and a nuclear installation is a “relevant nuclear installation” if nuclear fuel is kept or is proposed to be kept on or under the Site;
o
“operator”, in relation to a generating station or laboratory at any given time, means the licensee (within the meaning of section 26(1) of the 1965 Act) whose period of responsibility (within the meaning of section 5(3) of the 1965 Act) has not yet ended;
p
“relevant personnel” means any persons the nature of whose employment or engagement by the operator or any contractor or consultant of the operator is such as may reasonably be considered to be capable of giving rise to a risk to the security of the Site or of any plant, equipment or nuclear fuel thereon or any nuclear fuel in transit;
q
“security” means security insofar as it is a matter affecting health and safety, and insofar as it concerns controlling the keeping of nuclear fuel or preventing the unlawful acquisition, possession and use thereof;
r
“security plan”, with respect to the Site or (as the case may be) with respect to nuclear fuel in transit to or from the Site, means a description in writing of the security regime which relates thereto, whether by reference to a standard model security plan, together with a description of any adaptations thereof, or by a description of the security regime set out in full;
s
“security regime” means, collectively, the security standards, security procedures and security arrangements, adopted or to be adopted by the operator for the protection of the Site, or of any plant, equipment or nuclear fuel thereon, or any nuclear fuel in transit, including any such standards, procedures or arrangements relating to:
i
the safeguarding of information which relates to or may affect the security of the Site or any nuclear fuel thereon;
ii
the investigation and assessment of the suitability of relevant personnel, with a view to protecting the security of the Site or any nuclear fuel thereon or in transit; or
iii
the manner and means of transportation of nuclear fuel or the manner of unloading or storing nuclear fuel in transit;
t
“the Site”, in relation to a generating station or laboratory, means the land which is occupied by the operator for the purpose of operating the generating station or laboratory (as the case may be), and which comprises or forms part of a site in respect of which a licence under section 1 of the 1965 Act has been granted to the operator.
Submission of security plans for approval
3
1
The operator of a generating station or laboratory shall submit a security plan in respect of the Site for the approval of the Secretary of State, and shall make such amendments to that security plan as may be required by the Secretary of State in order to enable his approval to be given.
2
The security plan referred to in paragraph (1) above shall be submitted:
a
in the case of an existing generating station or laboratory, before 1st October 1996; and
b
in the case of a new generating station or laboratory, before bringing any nuclear fuel onto the Site.
Maintenance of security
4
1
At all times while any nuclear fuel is on the Site of a generating station or laboratory, the operator of that generating station or laboratory shall ensure that the Site is subject to a security regime which conforms to an approved security plan.
2
Paragraph (1) above shall not apply in relation to any existing generating station or laboratory at any time before the expiry of three months after the date on which the approval of the security plan is notified to the operator.
3
The operator shall not be regarded as having failed to comply with paragraph (1) above by reason of anything which is not consistent with the security plan approved in respect of the Site, if the matter inconsistent therewith is —
a
the carrying out of any work referred to in paragraph (1) of regulation 7 below, in respect of which the conditions mentioned in paragraph (4) of that regulation are satisfied;
b
in a case where a direction referred to in regulation 5(2)(e) below has been given to the operator, the installation or modification of any plant or equipment, or any other new arrangement, which is not required by such direction to be reported; or
c
in any other case, any matter of a kind which the Secretary of State has notified the operator is in his opinion unlikely to be prejudicial to the security of the Site or any nuclear fuel thereon.
Security directions
5
1
The operator of a generating station or laboratory shall comply with such directions with respect to the security of the Site, or of nuclear fuel in transit to or from the Site, respectively, as may from time to time be given to him by or on behalf of the Secretary of State, having regard to any relevant report or recommendations made by an inspector.
2
In paragraph (1) above, “directions” means any directions in writing, other than any directions given under any other enactment, requiring the operator: —
a
to adopt or implement, in respect of the whole or any specified part of the Site, or in respect of nuclear fuel in transit to or from the Site, a specified security regime, or certain specified standards, procedures or arrangements as part of such a security regime, whether or not specified in the security plan approved in accordance with regulation 4(1) above or 8(1) below; insofar as may be necessary in that connection to amend the security plan previously agreed; or to secure compliance therewith by the operator’s officers, employees, consultants and contractors;
b
to provide the Secretary of State with a copy of the security plan describing the security regime to which the Site or any specified part of it, or any nuclear fuel in transit to or from the Site, is subject, or to which it will be subject in such events as the Secretary of State may specify; or to satisfy him as to the continuing or future adequacy of such security plan, or to satisfy him that the security regime, to which the Site or any nuclear fuel in transit is subject, conforms to such security plan, or, in the case of a security regime to be adopted at a future date or in certain events, that it will conform thereto;
c
to record, investigate or report to the Secretary of State, or such other person as he may specify, any breach of security or any such breach as the Secretary of State may specify;
d
to take such steps as may be necessary to correct any contravention of these Regulations; or
e
to report to the Secretary of State any proposals to install any new plant or equipment, to modify existing plant or equipment or to make any other new arrangements at the Site, which in the opinion of the Secretary of State may be prejudicial to the security of the Site or any part of it.
Security assessments
6
1
The operator of a generating station or laboratory shall, upon any request made by the Secretary of State from time to time, and in any event within two years of the relevant date and thereafter at intervals of two years or such other intervals as the Secretary of State may agree, cause an assessment of the security regime, to which the Site and any nuclear fuel in transit to or from the Site are subject, to be carried out by a person approved for this purpose by the Secretary of State, and submit the assessment to the Secretary of State, or such person as the Secretary of State may direct, for his consideration.
2
In this regulation, “the relevant date” means the date on which regulation 4(1) above first applies in relation to the generating station or laboratory.
3
Before bringing any nuclear fuel onto the Site of a new generating station or laboratory, the operator shall cause an assessment of the security regime to which the Site is subject, and to which it is proposed that the Site will be subject at the time that any nuclear fuel is first brought onto the Site, to be carried out by a person approved for this purpose by the Secretary of State, and submit the assessment to the Secretary of State, or such person as the Secretary of State may direct, for his consideration.
Structural alterations and extensions
7
1
Before carrying out any work of alteration or extension to any construction which is, or forms part of, an existing generating station or laboratory or a new generating station or laboratory, the operator shall satisfy the Secretary of State that the security regime, to which the Site will be subject during the period in which such work is to be carried out and thereafter, will conform to an approved security plan relating to the period in which the work is to be carried out and the period thereafter.
2
Where any work of alteration or extension has been carried out to any construction which is, or forms part of, an existing generating station or laboratory or a new generating station or laboratory, regulation 6(3) above shall apply in relation to the generating station or laboratory as altered or extended as it applies in relation to a new generating station or laboratory, and, where the operator has complied with regulation 6(3) before commencing the work, as if references to bringing any nuclear fuel onto the Site were to bringing it onto that part of the generating station or laboratory which has been newly altered or newly constructed.
3
Paragraph (1) of this regulation does not apply in relation to a new generating station or laboratory at any time before the assessment required by regulation 6(3) above has been submitted to the Secretary of State in accordance with that regulation.
4
Paragraphs (1) and (2) of this regulation do not apply if, before the work is commenced, the Secretary of State has notified the operator that any particular work or any work of a certain general description is in his opinion unlikely to be prejudicial to the security of the Site or any nuclear fuel thereon, and the work is of the description referred to in that notification.
Transport
8
1
The operator of a generating station or laboratory shall take all reasonable steps to secure that no nuclear fuel in transit to or from the Site of that generating station or laboratory shall be unloaded from any ship, train or vehicle, stored on any premises, or transported, except in accordance with an approved security plan which is designed to protect the nuclear fuel in transit.
2
Paragraph (1) above shall not apply in relation to nuclear fuel in transit to or from the Site of any existing generating station or laboratory at any time before the expiry of three months after the date on which the approval of the security plan is notified to the operator.
3
The operator shall not be regarded as having failed to comply with paragraph (1) above by reason of anything which is not consistent with the security plan approved in respect of nuclear fuel in transit to or from the Site, if the matter inconsistent therewith is of a kind which the Secretary of State has notified the operator is in his opinion unlikely to be prejudicial to the security of such nuclear fuel.
Enforcement
9
The authority responsible for the enforcement of these Regulations shall be the Secretary of State for Trade and Industry.
Tim Eggar
Minister for Industry and Energy,
Department of Trade and Industry
7th March 1996


text:
1
This Order may be cited as the Education (Funding for Teacher Training) Designation Order 1996 and shall come into force on 9th August 1996.
2
The following institutions are hereby designated as institutions eligible for funding under Part 1 of the Education Act 1994: —
a
The Centre for British Teachers, a company limited by guarantee;
b
The Maryvale Institute, a charitable trust established under the authority of the Archbishop of Birmingham; and
c
The Urban Learning Foundation, a company limited by guarantee.
3
References in Part 1 of the Education Act 1994 to the governing body of an institution shall, in relation to the Centre for British Teachers and the Urban Learning Foundation, be read as references to those companies.
Robin Squire
Parliamentary Under Secretary of State,
Department for Education and Employment
10th July 1996


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


text:
Title, commencement and interpretation
1
This Order may be cited as the Insider Dealing (Securities and Regulated Markets) (Amendment) Order 1996 and shall come into force on 1st July 1996.
2
In this Order, “the 1994 Order ” shall mean the Insider Dealing (Securities and Regulated Markets) Order 1994 .
Amendments to the 1994 Order
3
1
For paragraph (a) of article 10 of the 1994 Order (United Kingdom regulated markets) there shall be substituted the following paragraph:
a
the London Stock Exchange Limited;
2
In paragraph (b) of that article, there shall be omitted the word “and”, and after paragraph (c) there shall be inserted:
and
d
Tradepoint Financial Networks plc.
4
In the Schedule to the 1994 Order (regulated markets) —
a
the following shall be omitted:
“Bordeaux Stock Exchange.”
“Ghent Stock Exchange.”
“Liege Stock Exchange.”
“Lille Stock Exchange.”
“Marseille Stock Exchange.”
“Nancy Stock Exchange.”
“Nantes Stock Exchange.”
for the words “the International Stock Exchange of the United Kingdom and the Republic of Ireland Limited” there shall be substituted:
Iceland Stock Exchange.
The Irish Stock Exchange Limited.
;
after “LIFFE Administration & Management” there shall be inserted “The London Stock Exchange Limited.”;
after “Stuttgart Stock Exchange”, there shall be inserted “Tradepoint Financial Networks plc.”;
after “The exchange known as NASDAQ”, there shall be inserted “The exchange known as the Nouveau Marché.”.
Simon Burns
Michael Bates
Two of the Lords Commissioners of Her Majesty’s Treasury
14th June 1996


text:
Citation, commencement and interpretation
1
–
1
These Regulations may be cited as the Control of Pollution (Applications, Appeals and Registers) Regulations 1996 and shall come into force on 31st December 1996.
2
In these Regulations —
“discharge consent” has the same meaning as in section 91(8) of the Water Resources Act 1991;
“register” means a register maintained by the Agency under section 190 of that Act (pollution control registers).
Advertisements
2
–
1
Subject to regulation 4, an application for —
a
a discharge consent or the variation of a discharge consent;
b
a consent for the purposes of section 89(4)(a) of the Water Resources Act 1991 (consents for the deposit of solid refuse from mines or quarries on land near inland freshwaters); or
c
a consent for the purposes of section 90(1) or (2) of that Act (consents for the removal of deposits or for the cutting or uprooting of vegetation in or near inland freshwaters),
shall be advertised in accordance with the following provisions of this regulation and regulation 3.
2
Notice of the application shall be published —
a
in one or more newspapers circulating in —
i
the locality in which the activities which are the subject matter of the application are proposed to be carried on; and
ii
the locality in which the controlled waters which may be affected by the proposed activities are situated; and
b
in the London Gazette.
3
Subject to paragraph (4) below, the notice shall —
a
state the name of the applicant;
b
specify where the activities which are the subject matter of the application are proposed to be carried on;
c
describe briefly the nature of the proposed activities;
d
state where the register containing information about the application may be inspected, the times at which the register is open for inspection and that the register may be inspected free of charge; and
e
explain that any person may make representations in writing to the Agency, specify when the period allowed for making representations ends and give the address of the Agency to which representations are to be sent.
4
Nothing in paragraph (3) above shall require the disclosure of any information which is not to be included in a register by virtue of section 191A or 191B of the Water Resources Act 1991 (exclusion from registers of information affecting national security and of certain confidential information).
Timing of advertisements
3
–
1
An application to which regulation 2 applies shall be advertised in accordance with paragraph (2) of that regulation within the period of 28 days beginning 14 days after the relevant date.
2
Subject to paragraphs (3) to (5) below, the relevant date in relation to an application shall be the date on which the application is received by the Agency.
3
In a case where the Agency has notified the applicant within 14 days of the receipt of the application that it refuses to proceed with the application until information required by section 90A(4) of, or paragraph 1(3) or (4) of Schedule 10 to, the Water Resources Act 1991 (duty to provide Agency with information) is provided, the relevant date shall be the date on which the Agency is finally provided with the information required.
4
In a case where a matter falls to be determined under section 191A of the Water Resources Act 1991 (exclusion from registers of information affecting national security), the relevant date shall be the date on which the Secretary of State notifies the applicant of his determination.
5
In a case where a matter falls to be determined under section 191B of the Water Resources Act 1991 (exclusion from registers of certain confidential information), the relevant date shall be —
a
if the Agency is treated by virtue of section 191B(3) of that Act as having determined that the information in question is commercially confidential, the date on which the period of 14 days mentioned in section 191B(3) expires;
b
if the Agency determines under section 191B(2) or (4) of that Act that the information in question is commercially confidential, the date on which the Agency notifies the applicant of its determination;
c
if the Agency determines under section 191B(2) or (4) of that Act that the information in question is not commercially confidential —
i
the date on which the period for appealing expires without an appeal having been made;
ii
the date on which the Secretary of State notifies the applicant of his final determination of the appeal; or
iii
the date on which the appeal is withdrawn.
6
Where the relevant date for the purposes of this regulation in relation to an application is later than the date on which the application is received, a period of four months beginning with the relevant date shall be substituted for the period of four months specified in paragraph 3(2) of Schedule 10 to the Water Resources Act 1991 (failure to determine application within four months or longer period agreed with applicant).
Exemption from advertising requirements
4
The Agency may determine that an application is not required to be advertised if it appears to the Agency that it is appropriate to dispense with advertising the application because —
a
section 191A of the Water Resources Act 1991 (exclusion from registers of information affecting national security) applies; or
b
the Agency considers that the activities which are the subject matter of the application are unlikely to have an appreciable effect on controlled waters in the locality in which those activities are proposed to be carried on; or
c
the application is made before 1st April 1997 and it relates to discharges of a kind which the applicant, or a predecessor of his, was authorised to make by virtue of a consent to which paragraph 21 of Schedule 23 to the Environment Act 1995 applied but notice in accordance with sub-paragraph (2)(b)(ii) of that paragraph was not given by him or his predecessor,
and, in any case where the Agency so determines, the application shall be exempt from the requirements of section 90A(1)(b) of, or, as the case may be, paragraph 1(1)(b) of Schedule 10 to, the Water Resources Act 1991 (requirement to advertise applications).
Consultation
5
–
1
Subject to paragraph (3) below, the persons to be consulted under paragraph 2 of Schedule 10 to the Water Resources Act 1991 (consultation in connection with applications) in relation to an application for, or for the variation of, a discharge consent are —
a
every local authority or water undertaker within whose area any of the proposed discharges are to be made;
b
each of the Ministers if any of the proposed discharges are to be made into coastal waters, relevant territorial waters or waters outside the seaward limits of relevant territorial waters;
c
the harbour authority within the meaning of section 57(1) of the Harbours Act 1964 if any of the proposed discharges are to be made into a harbour managed by the authority; and
d
the local fisheries committee, if any of the proposed discharges are to be made into relevant territorial waters or coastal waters within the sea fisheries district of that committee.
2
The specified period for notification of those persons under paragraph 2 of Schedule 10 to the Water Resources Act 1991 (consultation in connection with applications) is the period of 14 days beginning with the relevant date and, for this purpose, “relevant date” has the same meaning as in regulation 3.
3
The requirements of paragraph 2 of Schedule 10 to the Water Resources Act 1991 (consultation in connection with applications) shall not apply in relation to any of the bodies mentioned in paragraph (1)(a), (c) or (d) above —
a
in so far as they would require the disclosure of any information which is not to be included in a register by virtue of section 191A or 191B of the Water Resources Act 1991 (exclusion from registers of information affecting national security and of certain confidential information);
b
in relation to an application for, or for the variation of, a discharge consent which need not be advertised as a result of an exemption under regulation 4.
4
A period of six weeks beginning with the last date on which the making of the application was advertised in pursuance of paragraph 1(1)(b) of Schedule 10 to the Water Resources Act 1991 shall be substituted for the period specified in paragraph 2(6)(b) of that Schedule (period allowed for making representations).
Transmitted applications
6
–
1
The following provisions of this regulation shall apply where an application for, or for the variation of, a discharge consent is transmitted to the Secretary of State under paragraph 5(1) of Schedule 10 to the Water Resources Act 1991 (reference to the Secretary of State of certain applications for consent).
2
Paragraph 2 of Schedule 10 to the Water Resources Act 1991 (consultation in connection with applications) shall apply subject to the modification that representations made to the Agency within the period allowed for making representations shall, instead of being considered by the Agency, be sent by the Agency to the Secretary of State and shall be considered by him along with any representations made by the Agency.
3
Any request to be heard by the applicant or the Agency with respect to the application shall be made in writing to the Secretary of State within the period of 28 days beginning with the day on which the applicant is informed by the Agency of the transmission of his application to the Secretary of State.
Discharge consents without applications
7
The provisions of Schedule 1 to these Regulations shall apply where the Agency gives a discharge consent under paragraph 6 of Schedule 10 to the Water Resources Act 1991 (discharge consents without applications).
Appeals
8
1
A person who wishes to appeal to the Secretary of State under section 91 or 191B(5) of the Water Resources Act 1991 (appeals in respect of consents under Chapter II of Part III and appeals in relation to information which the Agency has determined is not commercially confidential) shall give the Secretary of State notice of the appeal.
2
The notice of appeal shall —
a
specify the grounds of appeal; and
b
indicate whether the appellant wishes the appeal to be determined on the basis of a hearing or written representations.
3
The notice of appeal shall be accompanied by copies of any application, consent, correspondence, decision, notice or other document relevant to the appeal.
4
At the same time as the appellant gives notice of the appeal to the Secretary of State, the appellant shall send the Agency a copy of his notice of appeal, together with a list of the documents provided to the Secretary of State under paragraph (3) above.
5
If the appellant wishes at any time to withdraw his appeal he shall do so by notice informing the Secretary of State and shall send a copy of the notice to the Agency.
Time limit for bringing appeal
9
1
Subject to the following provisions of this regulation, notice of appeal in accordance with regulation 8(1) shall be given —
a
in the case of an appeal against the revocation of a consent, before the revocation takes effect;
b
in the case of an appeal against an enforcement notice, before the expiry of the period of 21 days beginning with the date on which the enforcement notice is received;
c
in the case of an appeal against a determination under section 191B(2) or (4) of the Water Resources Act 1991 (exclusion from registers of certain confidential information) that information is not commercially confidential, before the expiry of the period of 21 days beginning with the date on which the appellant is notified of the determination; and
d
in any other case, before the expiry of the period of three months beginning with —
i
the date on which the appellant is notified of the decision which is the subject matter of the appeal; or
ii
if paragraph 3(2) of Schedule 10 to the Water Resources Act 1991 (failure to determine application within 4 months or longer period agreed with applicant) applies, the date on which the applicable period under paragraph 3(2) expires.
2
Subject to paragraph (3) below, the Secretary of State may allow notice of appeal to be given after the expiry of the relevant period mentioned in paragraph (1) above.
3
Paragraph (2) above shall not apply in the case of an appeal against —
a
a decision to revoke a discharge consent;
b
a decision to modify the conditions of any such consent;
c
a decision to provide that any such consent which was unconditional shall be subject to conditions;
d
a determination under section 191B(2) or (4) of the Water Resources Act 1991 (exclusion from registers of certain confidential information) that information is not commercially confidential.
Action upon receipt of notice of appeal
10
1
Subject to paragraph (5) below, the Agency shall, within 14 days of receipt of the copy of the notice of appeal in accordance with regulation 8(4) —
a
in the case of an appeal against a decision —
i
to revoke a discharge consent; or
ii
to modify the conditions of any such consent, or to provide that any such consent which was unconditional shall be subject to conditions, unless in either case the decision was made in response to an application for a variation,
give notice of the appeal to any person who appears to the Agency likely to have a particular interest in its subject matter; and
b
in any other case give notice of the appeal —
i
to any person who made representations or objections to the Agency with respect to the grant or variation of the consent; and
ii
to any person who was required to be consulted in relation to the grant or variation of the consent under paragraph 2(1) or 6(4) of Schedule 10 to the Water Resources Act 1991 pursuant to regulation 5(1) or paragraph 3(1) of Schedule 1 to these Regulations.
2
A notice under paragraph (1) above shall —
a
inform the person on whom it is served that an appeal to the Secretary of State has been made; and
b
state —
i
that any representations made to the Secretary of State in writing by the recipient of the notice will be considered by the Secretary of State if they are made within the period of 21 days beginning with the date of receipt of the notice;
ii
that copies of the representations will be sent to the appellant and the Agency;
iii
that copies of the representations will be placed on registers maintained under section 190 of the Water Resources Act 1991 (pollution control registers);
iv
that any person who makes any such representations will be informed about the hearing of the appeal if there is to be a hearing held wholly or partly in public,
and shall be accompanied by a copy of the notice of appeal.
3
The Agency shall, within 14 days of sending a notice under paragraph (1) above, notify the Secretary of State of the name and address of every person who was sent such a notice in relation to the appeal and the date on which it was sent.
4
Where an appeal is withdrawn after a notice under paragraph (1) above has been sent, the Agency shall inform every person who was sent such a notice in relation to the appeal.
5
This regulation shall not apply in relation to an appeal under section 91(1)(h) or 191B(5) of the Water Resources Act 1991 (appeals against enforcement notices and appeals against determinations that information is not commercially confidential).
Written representations
11
1
Where the appellant informs the Secretary of State that he wishes the appeal to be disposed of on the basis of written representations, the Agency shall submit any written representations to the Secretary of State —
a
in the case of an appeal against an enforcement notice, not later than 14 days after receiving a copy of the notice of appeal in accordance with regulation 8(4); and
b
in all other cases, not later than 28 days after receiving a copy of the notice of appeal in accordance with regulation 8(4).
2
The appellant shall make any further representations by way of reply not later than 14 days after receiving the Agency’s representations under paragraph (1) above.
3
The Secretary of State shall send to the appellant and the Agency copies of any representations made to him in relation to the appeal under regulation 10 and shall allow them each a period of 14 days from the date of the receipt of those copies in which to make representations thereon.
4
The Secretary of State may in any particular case —
a
set shorter or longer time limits than those mentioned in this regulation;
b
allow the parties to make representations in addition to those mentioned in paragraphs (1) to (3) above.
5
Any representations made by a party to the appeal shall be dated with the date on which they are submitted to the Secretary of State.
6
Where either party to the appeal submits any representations to the Secretary of State they shall at the same time send a copy to the other party.
Hearings
12
1
The Secretary of State shall give the appellant and the Agency at least 28 days notice (unless they agree to a shorter period of notice) of the date, time and place fixed for a hearing in relation to an appeal under section 91 or 191B(5) of the Water Resources Act 1991 (appeals in respect of consents under Chapter II of Part III and appeals in relation to information which the Agency has determined is not commercially confidential).
2
Subject to paragraph (4) and (5) below, in the case of a hearing which is to be held wholly or partly in public, the Secretary of State shall, at least 21 days before the date fixed for the hearing —
a
publish a copy of the notice given under paragraph (1) above in a newspaper circulating in the locality which he considers may be affected by any matter which falls to be determined in relation to the appeal; and
b
serve a copy of the notice given under paragraph (1) above on every person who has made representations or objections in writing to the Secretary of State under regulation 10 in relation to the appeal.
3
The Secretary of State may vary the date fixed for the hearing and paragraphs (1) and (2) above shall apply, with necessary modifications, to the variation of the date.
4
The Secretary of State may also vary the time or place for the holding of a hearing but shall give such notice of any such variation as appears to him to be reasonable.
5
Paragraph (2) above shall not apply in the case of a hearing in relation to an appeal under section 191B(5) of the Water Resources Act 1991 (appeals in relation to information which the Agency has determined is not commercially confidential).
6
The persons entitled to be heard at a hearing are —
a
the appellant;
b
the Agency; and
c
any person required under regulation 10(1)(b)(ii) to be notified of the appeal.
7
Nothing in paragraph (6) above shall prevent the person appointed to conduct the hearing of the appeal from permitting any other person to be heard at the hearing and such permission shall not be unreasonably withheld.
8
After the conclusion of a hearing, the person appointed to conduct the hearing shall, unless he was appointed under section 114(1)(a) of the Environment Act 1995 (power of Secretary of State to delegate his functions of determining appeals), make a report in writing to the Secretary of State which shall include his conclusions and his recommendations or his reasons for not making any recommendations.
Notification of determination
13
1
The Secretary of State shall notify the appellant in writing of his determination of the appeal and shall provide him with a copy of any report mentioned in regulation 12(8).
2
The Secretary of State shall at the same time send —
a
a copy of the documents mentioned in paragraph (1) above to the Agency and to any persons required under regulation 10(1)(b)(ii) to be notified of the appeal; and
b
a copy of his determination of the appeal to any other person who made representations to the Secretary of State under regulation 10 and, if a hearing was held, to any other person who made representations in relation to the appeal at the hearing.
Consents for discharges by the Agency
14
1
Section 88 of the Water Resources Act 1991 (defence to principal offences in respect of authorised discharges) shall have effect in relation to cases in which consents for the purposes of subsection (1)(a) of that section are required by the Agency as if for subsection (2) there were substituted —
2
Schedule 2 to the Control of Pollution (Applications, Appeals and Registers) Regulations 1996 shall apply with respect to the making of applications by the Agency for consents under this Chapter for the purposes of subsection (1)(a) above and with respect to the giving, revocation and modification of such consents.
2
Schedule 2 to these Regulations (which deals with consents for discharges by the Agency) shall have effect.
Pollution control registers
15
Subject to sections 191A and 191B of the Water Resources Act 1991 and regulations 16 and 17, registers maintained by the Agency under section 190 of that Act (pollution control registers) shall contain full particulars of —
a
notices of water quality objectives and other notices served under section 83 of that Act;
b
applications made for consents, or for the variation of consents, under Chapter II of Part III of that Act, together with information provided in connection with such applications;
c
consents given under that Chapter, the conditions to which the consents are subject and any variation of the consents;
d
the date and time of each sample of water or effluent taken by the Agency for the purposes of the water pollution provisions of that Act (including details of the place where it was taken) and the result of the analysis of each sample and the steps, if any, taken in consequence by the Agency;
e
information corresponding to that mentioned in paragraph (d) above with respect to samples of water or effluent taken by any other person, and the analysis of those samples, acquired by the Agency from that person under arrangements made by the Agency for the purposes of any of the water pollution provisions of that Act, including any steps taken by that person in consequence of the results of the analysis of any sample;
f
prohibition notices served under section 86(1) of that Act;
g
enforcement notices served under section 90B of that Act;
h
revocations of discharge consents under paragraph 7 of Schedule 10 to that Act;
i
notices of appeal under section 91 of that Act, correspondence provided to the Secretary of State under regulation 8(3), the decisions or notices which are the subject matter of the appeals, representations made under regulation 10, written notifications of the Secretary of State’s determination of appeals and reports accompanying any such notification;
j
directions given by the Secretary of State in relation to the Agency’s functions under the water pollution provisions of that Act, with the exception of directions under section 191A(2) of that Act (directions in relation to information affecting national security);
k
convictions, for offences under Part III of that Act, of persons who have the benefit of discharge consents, including the name of the offender, the date of conviction, the penalty imposed, the costs, if any, awarded against the offender and the name of the Court;
l
returns and other information about the nature, origin, composition, temperature, volume and rate of discharges provided to the Agency in pursuance of conditions of discharge consents; and
m
information which was entered on the registers under the Control of Pollution (Registers) Regulations 1989 .
Entry of particulars on register, removal of certain particulars and indexing of registers
16
1
Subject to sections 191A and 191B of the Water Resources Act 1991 and paragraph (2) below, where registers are by virtue of regulation 15 to contain any particulars, those particulars shall be entered on the registers —
a
if they relate to an application or notice which is to be advertised under regulation 2(2), paragraph 1(1) of Schedule 1 or paragraph 1(2) of Schedule 2, before the beginning of the period of 28 days during which the application or notice is required to be advertised;
b
if they relate to an enforcement notice served under section 90B of that Act, not later than 7 days after it is served;
c
in all other cases, not later than 28 days after those particulars become available to the Agency.
2
Where an application for a consent, or for the variation of a consent, is withdrawn at any time before it is determined —
a
no further particulars relating to the application shall be entered on the registers after the application is withdrawn; and
b
all particulars relating to the application shall be removed from the registers not less than 2 months, and not more than 3 months, after the application is withdrawn.
3
The Agency shall keep records in each register showing the dates on which particulars are entered on that register.
4
Each register shall be indexed in a way which facilitates access to particulars entered on it.
Period after which information may be removed from pollution control registers
17
1
Nothing in regulation 15 shall require the Agency to keep on a register —
a
monitoring information more than four years after that information was entered on the register; or
b
other information which has been superseded by later information more than four years after that later information was entered on the register.
2
In this regulation “monitoring information” means information entered on the register by virtue of regulation 15(d), (e) or (l).
Revocation of existing regulations
18
1
Subject to paragraph (2) below, the following regulations are hereby revoked —
a
the Control of Pollution (Consents for Discharges etc. ) (Secretary of State Functions) Regulations 1989 ;
b
the Control of Pollution (Discharges by the National Rivers Authority) Regulations 1989 ;
c
the Control of Pollution (Registers) Regulations 1989 .
2
Subject to paragraph (3) below, nothing in paragraph (1)(a) or (b) above shall affect —
a
the application of the Control of Pollution (Discharges by the National Rivers Authority) Regulations 1989, and regulations 2 to 6 of the Control of Pollution (Consents for Discharges etc.) (Secretary of State Functions) Regulations 1989, in relation to any application made under paragraph 1 of Schedule 10 to the Water Resources Act 1991 (applications for discharge consents) before 31st December 1996 or any consent given under paragraph 5 of that Schedule (discharge consents granted without applications) before that date; or
b
the application of regulations 2 and 7 of the Control of Pollution (Consents for Discharges etc.) (Secretary of State Functions) Regulations 1989 (appeals in respect of consents under Chapter II of Part III of that Act), in relation to any appeal under that section made in relation to a decision taken before 31st December 1996.
3
Paragraph (2)(a) above shall not apply in relation to an application made under paragraph 1 of Schedule 10 to the Water Resources Act 1991 before 31st December 1996 if —
a
the application relates to discharges of a kind which the applicant, or a predecessor of his, was authorised to make by virtue of a consent to which paragraph 21 of Schedule 23 to the Environment Act 1995 (transitional provisions in relation to discharge consents) applied; and
b
notice in accordance with sub-paragraph (2)(b)(ii) of that paragraph was not given by him or his predecessor.
Signed by authority of the Secretary of State for the Environment
Robert Jones
Minister of State,
Department of the Environment
25th November 1996
Signed by authority of the Secretary of State for Wales
Jonathan Evans
Parliamentary Under Secretary of State,
Welsh Office
26th November 1996


text:
1
These Regulations may be cited as the Retirement Benefits Schemes (Continuation of Rights of Members of Approved Schemes) (Amendment No. 2) Regulations 1996, shall come into force on 13th January 1997 but shall take effect as from 1st January 1997.
2
In regulation 3A(2)(b)(ii) of the Retirement Benefits Schemes (Continuation of Rights of Members of Approved Schemes) Regulations 1990 for the words “on or after 1996” there shall be substituted the words “on or after 1st January 1997”.
A M W Battishill
G H Bush
Two of the Commissioners of Inland Revenue
20th December 1996


text:
Citation and commencement
1
This Order may be cited as the Central Nottinghamshire Healthcare National Health Service Trust (Establishment) Amendment Order 1996 and shall come into force on 12th November 1996.
Amendment of Establishment Order
2
In Article 3(2) of the Central Nottinghamshire Healthcare National Health Service Trust (Establishment) Order 1992 (functions of the trust) —
a
in sub-paragraph (a) for “Newark General Hospital, London Road, Newark-on-Trent, Nottinghamshire NG24 1TG” there shall be substituted “Newark Hospital, Bowbridge Road, Newark, Nottinghamshire NG24 4DK”; and
b
in sub-paragraph (b) for “Pine House, Ransom Hospital, Rainworth, Nr Mansfield, Nottinghamshire NG21 0ER” there shall be substituted “Central Nottinghamshire Healthcare Trust Headquarters, Southwell Road, Mansfield, Nottinghamshire NG18 4HH”.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State
Department of Health
12th October 1996