text:
Title, extent and commencement
1
These Regulations, which may be cited as the Agricultural Processing and Marketing Grant Regulations 1995, shall extend to Great Britain and shall come into force on 10th March 1995.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“applicant”, in relation to the approval of expenditure for the purposes of Community aid or of a grant under these Regulations, means the person who is making or has made the application for that approval;
“the appropriate Minister” means, in relation to England, the Minister of Agriculture, Fisheries and Food and, in relation to Scotland or Wales, the Secretary of State;
“the appropriate Department” means, in relation to England, the Ministry of Agriculture, Fisheries and Food, in relation to Scotland, the Scottish Office and, in relation to Wales, the Welsh Office;
“approval” means approval by the appropriate Minister in writing, and “approve” shall be construed accordingly;
“authorised officer” means an officer authorised in writing by the appropriate Minister for the purposes of these Regulations;
“the Commission” means the Commission of the European Communities;
“Community aid” means aid from the Guidance Section of the European Agricultural Guidance and Guarantee Fund payable in accordance with the Council Regulation;
“the Council Regulation” means Council Regulation ( EEC ) No. 866/90 on improving the processing and marketing conditions for agricultural products , as amended by Council Regulation ( EC ) No. 3669/93 ;
“eligible expenditure” means, in relation to any operation, expenditure which the appropriate Minister has approved for the receipt of Community aid;
“operation” means an investment or project in respect of which Community aid is claimed or paid.
2
Other expressions used in these Regulations have, insofar as the context admits, the same meanings as in the Council Regulation.
Grants in respect of the processing and marketing of agricultural products
3
1
The appropriate Minister may make to any applicant a grant towards eligible expenditure incurred in connection with an operation.
2
The amount of any such grant shall be 5 per cent of eligible expenditure or such other sum which when added to any other grant payable from United Kingdom public funds in relation to the eligible expenditure equals 5 per cent of such expenditure.
3
The maximum amount of grant payable under this regulation shall be £200,000 in respect of each operation.
Approval of expenditure and payment of grant
4
1
Applications for approval of expenditure for the purposes of Community aid and for the purposes of a grant under these Regulations shall be made in such form and manner and at such time as the appropriate Minister may from time to time require and the applicant shall furnish all such particulars and information relating to the application as the appropriate Minister may require.
2
The appropriate Minister may either refuse to approve expenditure, or approve it in whole or in part, for the purposes of Community aid or for the purposes of a grant under these Regulations and any such approval may be given, or any payments by way of Community aid and of grant made, subject to such conditions as the appropriate Minister thinks fit.
3
Approval of expenditure for the purposes of Community aid and for the purposes of a grant under these Regulations may be varied by the appropriate Minister with the applicant’s written consent.
4
Payments by way of Community aid and of a grant under these Regulations may be made at such time, or by such instalments at such intervals or times, as the appropriate Minister may determine.
Records
5
An applicant shall retain invoices, accounts and any other relevant documents as proof of expenditure incurred in connection with an operation, for three years from the last payment of Community aid or of grant under these Regulations in respect of that operation and shall produce them for inspection if so required by an authorised officer.
Powers of entry
6
1
For the purposes of ascertaining whether in respect of any operation —
a
any amount of Community aid or of grant under these Regulations is payable or recoverable; or
b
an offence under these Regulations has been, or is being, committed,
an authorised officer may, on producing, if so required, a warrant of his authority, at any reasonable time enter upon any land to which the operation relates or any land on which relevant documents are being kept.
2
An authorised officer who has entered any land in accordance with paragraph (1) above may —
a
inspect that land or any equipment on it to which the operation relates; and
b
require the applicant to produce for inspection, and allow the officer to make a copy of, or extracts from, and to examine and remove for a reasonable period, any invoice, account or other document relating to that application which is relevant to the purposes mentioned in the said paragraph (1).
False statements
7
1
If any person, for the purposes of obtaining for himself or any other person Community aid or any grant under these Regulations, knowingly or recklessly makes a false statement, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
2
Any information relating to the offence referred to in paragraph (1) above which is triable by a magistrates' court in England and Wales may be tried if it is laid at any time within five years of the commission of the offence and within six months of the relevant date.
3
Summary proceedings for the offence referred to in paragraph (1) above may be commenced in Scotland at any time within five years of the commission of the offence and within six months of the relevant date; and for the purposes of this paragraph proceedings shall be deemed to be commenced on the date on which a warrant to apprehend or to cite the accused is granted.
4
In this regulation “relevant date” means the date on which evidence to justify proceedings comes to the knowledge of the prosecutor.
5
For the purposes of paragraph (4) above, a certificate of the prosecutor as to the date on which such evidence as is there mentioned came to his knowledge shall be conclusive evidence of that fact.
Revocation of approval and recovery of grant
8
1
If at any time after the appropriate Minister has approved any expenditure for the purposes of Community aid or for the purposes of a grant under these Regulations it appears to that Minister that —
a
any condition subject to which the approval was given, the grant has been made or the Community aid has been paid has not been complied with;
b
the operation in respect of which the expenditure was incurred has not been properly carried out;
c
the operation has been or is being unreasonably delayed beyond the time limits set out in the notification of grant or is unlikely to be completed;
d
the operation was commenced before the date on which the appropriate Department gave written permission to do so;
e
the Commission has decided to reduce, suspend or discontinue the Community aid; or
f
the applicant —
i
has failed to comply with a requirement imposed by or under regulation 5 or under regulation 6(2)(b) above;
ii
has intentionally obstructed any officer in the exercise of his powers under regulation 6 above; or
iii
has given information on any matter relevant to the giving of the approval or the making of a payment relevant to the approval which is false or misleading in a material particular,
the said Minister may revoke the approval in respect of the whole or part of the expenditure and, where any payment has been made by way of Community aid or of grant under these Regulations, may on demand recover an amount equal to the whole or any part of the payment which has been so made.
2
Before revoking an approval in whole or in part under paragraph (1) above, the appropriate Minister shall —
a
give to the applicant a written notification of the reasons for the action proposed to be taken by the said Minister;
b
afford the applicant an opportunity of appearing before and being heard by a person appointed for the purpose by the said Minister; and
c
consider the report by a person so appointed and supply a copy of the report to the applicant.
Revocation of previous regulations
9
The Agricultural Processing and Marketing Grant Regulations 1994 are hereby revoked.
Michael Jack
Minister of State, Ministry of Agriculture, Fisheries and Food
13th February 1995
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
16th February 1995


type: legislation

jurisdiction: UK

text:
Title, extent and commencement
1
These Regulations may be cited as the Spirit Drinks (Amendment) Regulations 1995, shall extend to England and Wales and shall come into force on 3rd April 1995.
Amendments to the Spirit Drinks Regulations 1990
2
1
The Spirit Drinks Regulations 1990 shall be amended in accordance with the following paragraphs of this regulation.
2
In paragraph (1) of regulation 2 (“Interpretation”) —
a
after the definition of “the Act” there shall be inserted the following definition —
“the Commission Regulation” means Commission Regulation ( EEC ) No. 1014/90 laying down detailed implementing rules on the definition, description and presentation of spirit drinks , as amended by Commission Regulation (EEC) No. 1180/91 , Commission Regulation (EEC) No. 1781/91 , Commission Regulation (EEC) No. 3458/92 , Commission Regulation ( EC ) No. 2675/94 (as corrected at OJ No. L28, 7.2.95, p.14) and Chapter XXVII of Annex II to the European Economic Area Agreement;
;
b
for the definition of “the Council Regulation” the following definition shall be substituted —
“the Council Regulation” means Council Regulation (EEC) No. 1576/89 laying down general rules on the definition, description and presentation of spirit drinks (as corrected at OJ No. L223, 2.8.89, p.27), as amended by Council Regulation (EEC) No. 3280/92 and Chapter XXVII of Annex II to the European Economic Area Agreement;
;
c
after the definition of “the Council Regulation” there shall be inserted the following definition —
“the European Economic Area Agreement” has the same meaning as does “the Agreement” in section 6(1) of the European Economic Area Act 1993 ;
; and
d
for the definition of “specified Community provision” the following definition shall be substituted —
“specified Community provision” means —
a
any provision of the Council Regulation —
i
which is specified in column 1 of Part I of the Schedule to these Regulations, and
ii
whose subject-matter is specified in the corresponding entry in column 2 of that Part;
b
any provision of the Commission Regulation —
i
which is specified in column 1 of Part II of the Schedule to these Regulations, and
ii
whose subject-matter is specified in the corresponding entry in column 2 of that Part; and
c
Article 1(1) of Commission Regulation (EC) No. 1267/94 applying the agreements between the European Union and third countries on the mutual recognition of certain spirit drinks .
.
3
In regulation 3 (“Enforcement”) —
a
the words “in so far as they relate to the retail sale of spirit drinks” in paragraph (1); and
b
paragraph (3),
shall be revoked.
4
Regulation 4 (“Powers of authorised officers”) shall be revoked.
5
In paragraph (2) of regulation 5 (“Offences and penalties”) —
a
for the phrase “Article 1” there shall be substituted the phrase “Article 1(4)”; and
b
after the word “beverages” there shall be inserted the phrase “, as amended by Commission Regulation (EEC) No. 1759/90 , Commission Regulation (EEC) No. 3207/90 and Commission Regulation (EEC) No. 3750/90 ,”.
6
For the Schedule there shall be substituted the Schedule set out in the Schedule to these Regulations.
Exclusion of the operation of section 3(1) of the European Economic Area Act 1993
3
The operation of section 3(1) of the European Economic Area Act 1993 is hereby excluded insofar as it would otherwise apply in relation to the definition for which another is substituted by regulation 2(2)(b) of these Regulations.
Michael Jack
Minister of State, Ministry of Agriculture, Fisheries and Food
2nd March 1995
Signed by authority of the Secretary of State for Health,
Cumberlege
Parliamentary Under Secretary of State for Health
3rd March 1995
Rod Richards
Parliamentary Under Secretary of State, Welsh Office
13th March 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Naval Medical Compassionate Fund (Amendment) Order 1995 and shall come into force on 1st December 1995.
2
In this Order “the Standing Orders and Regulations ” means the Standing Orders and Regulations for the Constitution and Government of the Naval Medical Compassionate Fund, approved by Order in Council dated 28th July 1915 .
Amendment of the Standing Orders and Regulations
2
The Standing Orders and Regulations shall be amended as follows —
a
for Article 2, there shall be substituted the following Article —
2
The President and the other Trustees of the Fund shall be appointed by the Admiralty Board of the Defence Council. The Admiralty Board shall also appoint persons to fill any vacancies among the Trustees. Each appointment shall be made in writing, and shall be on such terms and for such period as the Admiralty Board may decide.
;
b
in Article 5, for the words “the Trustees provided for in article 2”, there shall be substituted the words “the persons who are the Trustees of the Fund for the time being”;
c
in Article 11, for the words “an Officer appointed by the Medical Director General (Naval) from among the Officers serving on his staff”, there shall be substituted the words “appointed by the President of the Fund from among the Members of the Fund”;
d
for Part II of the Schedule, there shall be substituted the following Part:
PART II
THE TABLE
Age of person in years at the date the Life Subscription is paid Appropriate Multiplier Female Male
Between 20 and 24 years 17 13 Between 25 and 29 years 20 16 Between 30 and 34 years 24 20 Between 35 and 39 years 29 24 Between 40 and 44 years 33 28 Between 45 and 49 years 38 33 Between 50 and 54 years 43 37 Between 55 and 59 years 48 42 Between 60 and 64 years 52 47 Over 64 years 57 52
N. H. Nicholls
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Royal Orthopaedic Hospital National Health Service Trust (Establishment) Amendment Order 1995 and shall come into force on 15th July 1995.
Amendment of NHS trust Establishment Order
2
In Article 4 of the Royal Orthopaedic Hospital National Health Service Trust (Establishment) Order 1995 for “4 non-executive” there shall be substituted “5 non-executive” and for “4 executive” there shall be substituted “5 executive”.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
5th July 1995


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Agricultural Holdings (Units of Production) Order 1995 and shall come into force on 12th September 1995.
2
Any reference in this Order to “the Schedule” shall be construed as a reference to the Schedule to this Order.
Assessment of productive capacity of land
2
1
Paragraph (2) of this article shall have effect for the purpose of the assessment of the productive capacity of a unit of agricultural land, in order to determine whether that unit is a commercial unit of agricultural land within the meaning of subparagraph (1) of paragraph 3 of Schedule 6 to the Agricultural Holdings Act 1986.
2
Where the land in question would be capable, when farmed under competent management, of carrying or producing any such livestock, crop etc. as is mentioned in any entry in column 1 of the Schedule —
a
the unit of production prescribed in relation to that use of the land shall be the unit specified in column 2 of the Schedule opposite that entry, and
b
the amount determined, for the period of 12 months beginning with 12th September 1995, as the net annual income from that unit of production in that period shall be the amount specified in column 3 of the Schedule opposite that unit of production.
3
The Schedule shall have effect subject to the Notes to the Schedule.
Revocation
3
The Agricultural Holdings (Units of Production) Order 1994 is hereby revoked.
Tim Boswell
Parliamentary Secretary, Minister of Agriculture, Fisheries and Food
25th July 1995
Signed by the authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State for Wales
1st August 1995


text:
Citation and Commencement
1
These Regulations may be cited as the Dartford-Thurrock Crossing (Amendment) Regulations 1995 and shall come into force on 1st September 1995.
Abnormal loads
2
For Parts I and II of the Table to regulation 4 of the Dartford-Thurrock Crossing Regulations 1994 (“the 1994 Regulations ”) there shall be substituted the following: —
PART I
Time of Commencement of Passage Charge
Overall width Greater than 2.75 metres and not more than 6.1 metres Passage commencing after 06.00 hours and before 22.00 hours £37 Greater than 2.75 metres and not more than 6.1 metres Passage commencing on or after 22.00 hours and on or before 06.00 hours £18 Greater than 6.1 metres At any time £169 Overall length Greater than 18.3 metres and not more than 27.4 metres Passage commencing after 06.00 hours and before 22.00 hours £37 Greater than 18.3 metres and not more than 27.4 metres Passage commencing on or after 22.00 hours and on or before 06.00 hours £169 Greater than 27.4 metres At any time £169 Total weight of vehicle Greater than 150,000 kilograms At any time £169
PART II
Time of Commencement of Passage Charge
Overall width Greater than 3.65 metres and not more than 6.1 metres Passage commencing after 06.00 hours and before 22.00 hours £37 Greater than 3.65 metres and not more than 6.1 metres Passage commencing on or after 22.00 hours and on or before 06.00 hours £18 Greater than 6.1 metres At any time £169 Overall length Greater than 27.4 metres At any time £169 Total weight of vehicle Greater than 150,000 kilograms At any time £169
Dangerous goods
3
In regulation 5(1) of the 1994 Regulations for the reference to the booklet entitled “Dangerous Traffic”, 7th edition issued in 1993, there shall be substituted a reference to the 8th edition of that booklet issued in 1995.
Removal of statutory vehicles
4
For the table to regulation 11(1) of the 1994 Regulations there shall be substituted the following table:
(1) (2) MinimumCharge AdditionalCharge
Motor cycle and combinations £8 £3
Vehicles with two axles —
which could not be removed otherwise than by a large breakdown vehicle
£52 £17
in any other case
£30 £10 Vehicles with more than two axles £103 £34
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under-Secretary of State
Department of Transport
2nd August 1995


text:
1
This Order may be cited as the Landlord and Tenant (Covenants) Act 1995 (Commencement) Order 1995.
2
The Landlord and Tenant (Covenants) Act 1995 shall come into force on 1st January 1996.
Mackay of Clashfern, C.
Dated 9th November 1995


text:
Citation and commencement
1
These Regulations may be cited as the Income Tax (Manufactured Interest) (Amendment) Regulations 1995 and shall come into force on 2nd January 1996.
Interpretation
2
In these Regulations “the principal Regulations ” means the Income Tax (Manufactured Interest) Regulations 1992 and “regulation” means a regulation of those Regulations.
Amendments to the principal Regulations
3
In regulation 2 —
a
after the definition of “approved manufactured payment” there shall be inserted the following definition —
“gilt-edged securities” has the meaning given by section 51A(7) of the Taxes Act ;
;
b
for the definition of “unapproved manufactured payment” there shall be substituted the following definition —
“unapproved manufactured payment” in relation to manufactured interest has the meaning given by paragraph 1(1) of Schedule 23A (as amended by regulation 2A);
.
4
After regulation 2 there shall be inserted the following regulation —
Definition of unapproved manufactured payment
2A
1
The definition of “unapproved manufactured payment” in paragraph 1(1) of Schedule 23A shall be amended as follows.
2
In paragraph (b) of the definition after the words “United Kingdom securities” where they first occur there shall be inserted the words “other than gilt-edged securities within the meaning given by section 51A(7) or in respect of”.
.
5
Paragraph (a) of regulation 3 shall be omitted.
6
Part II of the principal Regulations (comprising regulation 5) shall be omitted.
7
In regulation 6(c) after the words “approved manufactured payment” there shall be added the words “in respect of United Kingdom securities other than gilt-edged securities”.
8
In regulation 8 for the words from “made” to “regulation 5” there shall be substituted the words “of an amount representative of interest on gilt-edged securities”.
Derek Conway
Bowen Wells
Two of the Lords Commissioners of Her Majesty’s Treasury
6th December 1995


text:
Citation and commencement
1
These Regulations may be cited as the Local Government Act 1988 (Defined Activities) (Competition) (Supervision of Parking) (Amendment) (England) Regulations 1995 and shall come into force on 31st December 1995.
Supervision of parking
2
1
For regulation 2(1)(cc) of the Local Government Act 1988 (Defined Activities) (Competition) (Supervision of Parking, Management of Vehicles and Security Work) (England) Regulations 1994 there is substituted —
cc
on or after 1st April 1997 by a county council or non-metropolitan district council which is not subject to a structural change; or
.
2
Regulation 4 of the Local Government Act 1988 (Defined Activities) (Competition) (Amendment) (England) Regulations 1995 is amended as follows —
a
paragraph (a) is revoked; and
b
in paragraph (b), for “regulation 2(d)(ii)” there is substituted “paragraph (1)(d)(ii)”.
Signed by authority of the Secretary of State
Paul Beresford
Parliamentary Under-Secretary of State,
Department of the Environment
30th November 1995


text:
Citation and commencement
1
This Order may be cited as the Social Security Revaluation of Earnings Factors Order 1995 and shall come into force on 11th May 1995.
Revaluation of earnings factors
2
The earnings factors relevant —
a
to the calculation —
i
of the additional pension in the rate of any long-term benefit; or
ii
of any guaranteed minimum pension; or
b
to any other calculation required under Part III of the Pension Schemes Act 1993 (including that Part as modified by or under any other enactment),
are directed to be increased for the tax years specified in the Schedule to this Order by the percentage of their amount shown opposite those tax years in that Schedule.
Rounding of fractional amounts
3
Where any earnings factor relevant to the calculation specified in article 2(a)(i) of this Order, as increased in accordance with this Order, would not but for this article be expressed as a whole number of pounds, it shall be so expressed by the rounding down of any fraction of a pound less than one half and the rounding up of any other fraction of a pound.
Signed by authority of the Secretary of State for Social Security.
William Hague
Minister of State,
Department of Social Security
12th April 1995


text:
Citation and commencement
1
1
These Regulations may be cited as the Local Government Act 1988 (Defined Activities) (Cleaning of Police Buildings) (England and Wales) Regulations 1995 and shall come into force on 17th August 1995.
2
These Regulations apply in relation to police authorities in England and Wales only.
Interpretation
2
In these Regulations —
“ the Act ” means the Local Government Act 1988;
“commencement day” means 1st October 1996;
“the cost” means the estimated total annual cost including overheads;
“police authority” means —
a police authority constituted under section 3 of the Police Act 1964 , and
the Common Council of the City of London in its capacity as a police authority;
“the specified proportion” in relation to the specified work means an amount equal to the product of the following formula —
T - ( A + B ) ,
where —
T
an amount equal to the cost to a police authority of the specified work;
A
20 per cent of T, and
B
for the permitted period and in relation to a police authority, an amount equal to the cost of the specified work which is being carried out during that period by that authority following voluntary competitive tendering;
“the permitted period” in relation to the specified work means —
where the work was awarded not more than 5 years before commencement day, the period ending on 30th September 1997;
where the work was awarded not more than 4 years before commencement day, the period ending on 30th September 1998;
where the work was awarded not more than 3 years before commencement day, the period ending on 30th September 1999;
where the work was awarded not more than 2 years before the commencement day, the period ending on 30th September 2000;
where the work was awarded not more than 1 year before commencement day, the period ending on 30th September 2001;
“the specified work” means functional work falling within section 2(2)(b) (cleaning of buildings) of the Act by reason only of article 3 of the Local Government Act 1988 (Competition) (Defined Activities) Order 1995 ; and
“voluntary competitive tendering” means the awarding of work following a competitive process in the course of which at least 3 persons were invited to tender for the work, being persons other than the police authority carrying out the work or the police authority which, by virtue of the Police and Magistrates' Courts Act 1994, it supersedes.
Disapplication of 1988 Regulations
3
Regulation 5 of the Local Government Act 1988 (Defined Activities) (Competition) (England) Regulations 1988 and regulation 5 of the Local Government Act 1988 (Defined Activities) (Competition) (Wales) Regulations 1988 do not apply in relation to the specified work.
Application of section 6
4
Section 6 of the Act shall apply to the specified proportion of the specified work if it is proposed to be carried out on or after commencement day by a police authority.
Specified periods
5
In relation to each of the specified activities, the second condition set out in subsection (3) of section 7 of the Act shall not be treated as fulfilled if the period stated in the detailed specification made available in accordance with that subsection is less than 3 years or more than 5 years (in relation to a police authority in Wales) or less than 4 years or more than 6 years (in relation to a police authority in England).
Signed by authority of the Secretary of State
Paul Beresford
Parliamentary Under-Secretary of State,
Department of the Environment
20th July 1995
Gwilym Jones
Parliamentary Under-Secretary of State, Welsh Office
24th July 1995


text:
1
The Leeds City Council (M1 — A1 Link Road/East Leeds Radial (A63) Junction Connecting Roads) Scheme 1993 is hereby confirmed without modifications.
2
The said Scheme as confirmed (hereinafter referred to as “the Scheme”) is set out in the Schedule hereto and copies of the Scheme with its accompanying plan are deposited at the offices of the Department of Transport, 43 Marsham Street, London SW1 3PY and at the offices of Leeds City Council, Legal Services, Room 213, Civic Hall, Leeds LS1 1UR.
3
The Scheme will come into force on the date on which Notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
4
This Instrument may be cited as the Leeds City Council (M1 — A1 Link Road/East Leeds Radial (A63) Junction Connecting Roads) Scheme 1993 Confirmation Instrument 1995.
Signed by authority of the Secretary of State for Transport
Pamela Denham
Regional Director Government Office for the North East
30th January 1995


text:
Commencement and citation
1
This Order may be cited as the A12 Trunk Road (Havering) Red Route (Clearway) Traffic Order 1995, and shall come into force on 2nd October 1995.
Interpretation
2
In this Order —
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route clearway” means the lengths of road specified in column (2) of the table in schedule 1;
f
“vehicle” includes part of a vehicle; and
g
an entry in column (3), (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule.
General prohibition of stopping
3
1
Subject to the provisions of paragraph (2) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop at any time in the trunk road red route clearway.
2
The controls specified in paragraph (1) of this article do not apply in respect of any area of the trunk road red route clearway specified in schedule 2.
Exemptions for parking
4
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
Miscellaneous exemptions for parking
5
1
Not taken up.
2
Not taken up.
3
Not taken up.
4
Not taken up.
Exemptions for loading and unloading
6
Not taken up.
Exemptions for disabled persons
7
1
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item.
2
Not taken up.
3
Not taken up.
Exemptions at bus stops and stands
8
1
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to which this article applies to stop at a bus stop (being an area of road bounded by a traffic sign which includes the words “bus stop”) for so long only as may be required to enable passengers to get on or off the vehicle or, in the case of a vehicle being used to provide a local service, for so long only as may be required for a change of crew.
2
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle being used to provide a local service to stop at a bus stand (being an area of road bounded by a traffic sign which includes the words “bus stand”) for so long only as may be required for timetabling reasons.
3
This article applies —
a
before 1 January 1997 to
i
a public service vehicle used for the provision of a local service or a scheduled express service,
ii
a school bus, and
iii
a works bus; and
b
after 31 December 1996 to
i
a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver), and
ii
a local bus not so constructed or adapted.
4
In this article “local bus”, “local service”, “scheduled express service”, “school bus” and “works bus” have the meanings given to those expressions in regulation 4 of the Traffic Signs Regulations and General Directions 1994 .
Other exemptions
9
1
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to stop if that person is —
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Revocation or variation of existing Orders
10
1
Subject to paragraph (2) of this article, The London Borough of Havering (Waiting and Loading Restriction) Order 1978 is hereby revoked, in so far as its provisions relate to any part of the trunk road red route clearway.
2
The revocation specified in paragraph (1) of this article shall take effect in respect of any provision contained in The London Borough of Havering (Waiting and Loading Restriction) Order 1978 only from the time at which the traffic sign indicating the effect of that provision has been obliterated.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
22nd September 1995


text:
Title, extent and commencement
1
These Regulations may be cited as the Habitat (Salt-Marsh)(Amendment) Regulations 1995, shall extend to England and shall come into force on 30th November 1995.
Interpretation
2
In these Regulations “the principal Regulations ” means the Habitat (Salt-Marsh) Regulations 1994 .
Amendment of the principal Regulations
3
The principal Regulations shall be amended in accordance with Regulations 4 to 7 below.
4
In regulation 2(1) (interpretation) —
a
after the definition of “arable land”, there shall be inserted the following definition —
“area aid application” means the application provided for by Article 6(1) of Council Regulation ( EEC ) No. 3508/92 of 27th November 1992 establishing an integrated administration and control system for certain Community aid schemes as last amended by Council Regulation ( EC ) No. 3235/94 of 20th December 1994 amending, as a result of the accession of Austria, Finland and Sweden, certain regulations in the agricultural sector providing for part-financing of certain measures in favour of the new member States ;
b
after the definition of “permanent grassland”, there shall be inserted the following definitions —
“set-aside land”means an area of managed land —
which was arable land at the start of the management period;
in relation to which an application was made on or after 28th June 1995; and
in relation to which, a beneficiary, in his application, declared that he intended to count it as being set aside for the purposes of the set-aside requirement;
“the set-aside requirement”means the requirement indicated in Article 7(1) of Council Regulation (EEC) No. 1765/92 of 30th June 1992 establishing a support system for producers of certain arable crops , as last amended by Council Regulation (EC) No. 1460/95 (which lays down the set-aside requirement for each producer applying for compensatory payments under the general scheme provided for by that Regulation);
5
In regulation 4 (applications for aid) —
a
in subparagraph (b), the word “and” shall be omitted;
b
at the end of subparagraph (c), there shall be added the word “and”; and
c
after subparagraph (c), there shall be added the following subparagraph:
d
where the applicant intends to count an area of eligible arable land as being set aside for the purposes of the set-aside requirement, a declaration of the location and extent of that area.
6
In regulation 7 (amounts and payment of aid) —
a
in subparagraph (a), for the word “or” there shall be substituted the words “and is not set-aside land”;
b
at the end of subparagraph (b), there shall be added the word “or”; and
c
after subparagraph (b); there shall be added the following subparagraph:
c
£448 per hectare of managed land where that land is set-aside land.
7
After regulation 7, there shall be inserted the following regulation:
Changes to the area of set-aside land
7A
1
If a beneficiary, in relation to an area of managed land which
a
is not set-aside land;
b
was arable land at the start of the management period; and
c
in relation to which an application was made on or after 28th June 1995;
at the time he makes any claim for payment of aid under these Regulations declares that he intends, in his area aid application to be submitted during the year in which the claim for payment is made, to count that land as being set aside for the purposes of the set-aside requirement that land shall be treated as set-aside land for the purposes of regulation 7 and regulation 7A(2) for the remainder of the management period.
2
Where, at the time he makes any claim for payment of aid under these Regulations, a beneficiary, in relation to an area of set-aside land, declares that he does not intend to count it as being set-aside for the purposes of the set-aside requirement in his area aid application to be submitted during that year, the Minister may decide that the land shall not be treated as set-aside land for the purposes of regulation 7 and regulation 7A(1) for the remainder of the management period.
3
Any decision taken by the Minister pursuant to paragraph (2) shall be notified to the beneficiary in writing.
8
For regulation 8 (claims for aid), there shall be substituted the following regulation:
Claims for aid
8
Any claim for payment of aid under these Regulations shall —
a
where the beneficiary, in his area aid application to be submitted during the year in which the claim is being made, intends to count an area of managed land as being set aside for the purposes of the set-aside requirement, contain a declaration of the location and extent of that area;
b
be made at such time and in such form and contain such other information as the Minister reasonably may require.
9
In regulation 10 (withholding and recovery of aid), after paragraph (4), there shall be added the following paragraph:
5
Where a beneficiary, in his area aid application in any year, counts an area of managed land which is arable land as being set aside for the purposes of the set-aside requirement and that land, on the date of the submission of the area aid application, is neither set-aside land nor land which is being treated as set-aside land pursuant to regulation 7A(1), the Minister may recover from that beneficiary an amount not exceeding the difference between the aid paid to that beneficiary that year and the amount that would have been paid to him that year if that land had been set-aside land.
Tim Boswell
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
23rd October 1995


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Jobseeker’s Allowance (Transitional Provisions) Regulations 1996 and shall come into force on 7th October 1996.
2
In these Regulations —
“ the Act ” means the Jobseekers Act 1995;
“benefit week” —
where the benefit is income support, has the meaning it has in the Income Support Regulations by virtue of regulation 2(1) of those Regulations;
where the benefit is unemployment benefit, means a period of 7 days ending on the day corresponding to the particular day specified in a written notice last given him by the Secretary of State for the purpose of claiming unemployment benefit;
where the benefit is a jobseeker’s allowance, means a period of 7 days ending on the day which corresponds with the particular day specified in a notice given or sent to the claimant in accordance with regulations made under section 8(1)(a) of the Act (attendance at such place and such time as the Secretary of State may specify) except that where the Secretary of State requires attendance otherwise than at regular two weekly intervals, “benefit week” means a period of 7 days ending on such day as the Secretary of State may specify in a notice in writing given or sent to the claimant;
“ Claims and Payments Regulations ” means the Social Security (Claims and Payments) Regulations 1987 ;
“day of unemployment” means a day which would, for the purposes of section 25A of the Benefits Act as in force on 6th October 1996 , be treated as a day of unemployment;
“the Income Support Regulations” means the Income Support (General) Regulations 1987 ;
“jobseeking period” has the meaning specified in regulation 2;
“period of interruption of employment” in relation to unemployment benefit has the same meaning in these Regulations as it had in the Benefits Act by virtue of the section 25A of that Act as in force on 6th October 1996;
“the relevant day” means —
in relation to income support, 6th October 1996; and
in relation to unemployment benefit —
except in a case to which head (ii) applies, 5th October 1996; or
where in any particular case 6th October 1996 is a day of unemployment, that day;
“training” means training for which a training allowance is payable;
“training allowance” means an allowance (whether by way of periodical grants or otherwise) payable —
out of public funds by a Government department or by or on behalf of the Secretary of State for Education and Employment, Scottish Enterprise or Highlands and Islands Enterprise; and
to a person for his maintenance or in respect of a member of his family; and
for the period, or part of the period, during which he is following a course of training or instruction provided by, or in pursuance of arrangements made with, that department or approved by or on behalf of the Secretary of State for Education and Employment, Scottish Enterprise or Highlands and Islands Enterprise,
but it does not include an allowance paid by any Government department to or in respect of a person by reason of the fact that he is following a course of full-time education, other than under arrangements made under section 2 of the Employment and Training Act 1973 , or is training as a teacher;
“transitionally protected period” means the period specified in regulation 9;
the “ Unemployment Benefit Regulations ” means the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983 .
3
In these Regulations, unless the context otherwise requires, a reference —
a
to a numbered section is to the section of the Act bearing that number;
b
to a numbered regulation is to the regulation in these Regulations bearing that number;
c
in a regulation to a numbered paragraph is to the paragraph in that regulation bearing that number;
d
in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number.
Jobseeking Period
2
1
For the purposes of these Regulations, but subject to the following provisions of this regulation, the “jobseeking period” means any period throughout which the claimant satisfies or is treated as satisfying the conditions specified in paragraphs (a) to (c) and (e) to (i) of subsection (2) of section 1 (conditions of entitlement to a jobseeker’s allowance).
2
Any period in which —
a
a claimant does not satisfy any of the requirements in section 1(2)(a) to (c); and
b
a jobseeker’s allowance is payable to him on the grounds that the adjudication officer is satisfied that unless a jobseeker’s allowance is paid to the claimant he or a member of his family will suffer hardship,
shall, for the purposes of paragraph (1), be treated as a period in which the claimant satisfies the conditions specified in paragraphs (a) to (c) of subsection (2) of section 1.
3
The following periods shall not be, or be part of, a jobseeking period —
a
any period in respect of which no claim for a jobseeker’s allowance has been made or treated as made;
b
such period as falls before the day on which a claim for a jobseeker’s allowance is made or is treated as made or, where good cause is shown for a claim outside the prescribed time for claiming, before the earliest date in respect of which good cause is shown;
c
where a claim for a jobseeker’s allowance has been made or treated as made but no entitlement to benefit arises in respect of a period before the date of claim by virtue of section 1(2) of the Administration Act (limits for backdating entitlement), that period;
d
where —
i
a claimant satisfies the conditions specified in paragraphs (a) to (c) and (e) to (i) of subsection (2) of section 1; and
ii
entitlement to a jobseeker’s allowance ceases on the ground that the claimant failed to comply with requirements imposed by regulations made under section 8(1) (attendance, information and evidence),
the period beginning with the date in respect of which, in accordance with any such regulations, entitlement ceases and ending with the day before the date in respect of which the claimant again becomes entitled to a jobseeker’s allowance; or
e
any week in which a claimant is not entitled to a jobseeker’s allowance in accordance with section 14 (trade disputes).
Linking Periods
3
1
For the purposes of these Regulations, two or more jobseeking periods shall be treated as one jobseeking period where they are separated by a period comprising only —
a
any period of not more than 12 weeks;
b
a linked period;
c
any period of not more than 12 weeks falling between —
i
any two linked periods; or
ii
a jobseeking period and a linked period;
d
a period in respect of which the claimant is summoned to jury service.
2
Linked periods for the purposes of these Regulations are any of the following periods —
a
to the extent specified in paragraph (3), any period throughout which the claimant is entitled to an invalid care allowance under section 70 of the Benefits Act;
b
any period throughout which the claimant is incapable of work, or is treated as incapable of work, in accordance with Part XIIA of the Benefits Act ;
c
any period throughout which the claimant was entitled to a maternity allowance under section 35 of the Benefits Act;
d
any period throughout which the claimant was engaged in training.
3
A period of entitlement to invalid care allowance shall be a linked period only where it enables the claimant to satisfy contribution conditions for entitlement to a contribution-based jobseeker’s allowance which he would otherwise be unable to satisfy.
Termination and Cancellation of Awards of Income Support
4
1
An award of income support current in the benefit week which includes the relevant day (“the current benefit week”) shall terminate immediately before the beginning of the benefit week which follows the current benefit week —
a
where —
i
the person entitled was required to satisfy the provisions of section 124(1)(d)(i) of the Benefits Act (available for and actively seeking employment) as in force on the relevant day; and
ii
but for any provision of the Act and these Regulations, the award would have continued beyond the current benefit week; or
b
where the person —
i
is not required, in accordance with regulation 8 of and Schedule 1 to the Income Support Regulations to be available for employment; and
ii
is not a person to whom regulation 8 of the Claims and Payments Regulations (attendance in person) applies; and
iii
does in fact make himself available for and actively seek employment and declares himself to be so.
2
An award of income support to a person commencing on a date after the current benefit week, shall be cancelled where the person’s entitlement was dependent upon his satisfying the requirements of section 124(1)(d)(i) of the Benefits Act (available for and actively seeking employment).
Transition from Unemployment Benefit to a Jobseeker’s Allowance
5
1
In a case where, in accordance with a notice issued to him under regulation 19 of and paragraph 1 of Schedule 5 to the Claims and Payments Regulations, a person claims unemployment benefit on or after 7th October 1996 but before 20th October 1996, any claim made for unemployment benefit which the claimant is required to make in accordance with that notice —
a
on a day falling on or after 7th October 1996 but before 13th October 1996 shall be treated also as a claim for a jobseeker’s allowance for a period commencing on the day after the date of claim; or
b
on a day falling on or after 14th October 1996 but before 20th October 1996 shall be treated as a claim for unemployment benefit for the first benefit week falling within the period of that claim and as a claim for a jobseeker’s allowance for the subsequent benefit week and for any benefit week thereafter.
2
An award of unemployment benefit made —
a
in accordance with regulation 17(2)(b) of the Claims and Payments Regulations; or
b
on or after 7th October 1996 for a period commencing before 7th October 1996,
and which extends beyond the benefit week which includes the relevant day shall terminate at the end of that benefit week.
3
In the case of a person to whom paragraph (1) or (2) applies, his entitlement to unemployment benefit in the benefit week which includes the relevant day shall be determined as if the provisions of the Benefits Act, the Administration Act and the Regulations made under those Acts relating to unemployment benefit had continued in force in his case until the end of that benefit week and as if the Act did not apply to him in that benefit week.
4
A person who is treated as making a claim for a jobseeker’s allowance under this regulation shall, if he satisfies the conditions of entitlement to unemployment benefit in force on 6th October 1996, but subject to the provisions of these Regulations, be treated as satisfying the requirements of sections 1 and 2 of the Act.
Jobseeker’s Allowance to replace Income Support and Unemployment Benefit
6
1
Subject to the following provisions of this regulation, a person whose award of income support or unemployment benefit, or income support and unemployment benefit, is terminated in accordance with the preceding provisions of these Regulations shall be treated as having been awarded a jobseeker’s allowance for a period commencing on the first day of the next benefit week to begin for that claimant on or after 7th October 1996 and continuing until such date as he fails to satisfy, or in respect of which he ceases to be treated as satisfying, any condition of entitlement to a jobseeker’s allowance which applies in his case.
2
A person whose award of income support is cancelled in accordance with regulation 4(2) shall be treated as having been awarded an income-based jobseeker’s allowance as from the date the award of income support would have taken effect and continuing until such date as he fails to satisfy, or in respect of which he ceases to be treated as satisfying, any condition of entitlement to a jobseeker’s allowance which applies in his case.
3
A person —
a
to whom unemployment benefit was payable in respect of the relevant day; and
b
to whom unemployment benefit was not payable in respect of either 6th or 7th April 1996; and
c
who had on the relevant day been entitled to unemployment benefit for 156 days or more (including the relevant day) in the period of interruption of employment which included the relevant day,
shall not be treated as entitled to a contribution-based jobseeker’s allowance in accordance with paragraph (1).
Claims for Entitlement to a Jobseeker’s Allowance
7
1
The following provisions of this regulation shall apply in the case of a person —
a
who is treated as having an award of a jobseeker’s allowance in accordance with regulation 6; or
b
whose claim for unemployment benefit is treated in addition as a claim for a jobseeker’s allowance in accordance with regulation 5.
2
A person to whom regulation 6 applies shall be treated as having satisfied the condition mentioned in section 1(2)(b) (jobseeker’s agreement) for so long as the award is in force or, if earlier, until the day he actually enters into such an agreement in accordance with section 9(1) or until, in a case where a proposed jobseeker’s agreement is referred to an adjudication officer for him to determine, until the day the adjudication officer gives a direction in accordance with section 9(7).
3
In the case of a person to whom unemployment benefit was payable in respect of either 6th or 7th April 1996 —
a
section 5(1) shall have effect as if the reference to 182 days, was a reference to 312 days; and
b
in any benefit week commencing on or after 7th October 1996, Sunday or such other day of the week which before that date was, in the claimant’s case, substituted for Sunday in accordance with regulation 4 of the Unemployment Benefit Regulations as in force on 6th October 1996 shall be disregarded solely for the purpose of determining whether in the aggregate a person has been entitled to a contribution-based jobseeker’s allowance for 312 days.
4
Any day of unemployment which fell within a period of interruption of employment current on the relevant day shall be treated as a day of entitlement to a contribution-based jobseeker’s allowance for the purpose of determining whether the 182 days mentioned in section 5(1), or 312 days in a case to which paragraph (3) applies, has been exceeded.
5
In the case of a person who on the relevant day —
a
was summoned for jury service and had been entitled to unemployment benefit immediately before the period in which he was required to serve as a juror began; or
b
was taking part in training and who had been, immediately before that training began, entitled to unemployment benefit or income support; and
c
would, but for being summoned for jury service or taking part in training, have been available for and actively seeking employment,
he shall be treated for the purpose of these Regulations as if —
i
on the relevant day he had an award of unemployment benefit if he had such an award immediately before the jury service or, as the case may be, the training began; or
ii
on the relevant day, he had an award of income support if he had such an award before the training began; and
iii
the award he was treated as having was terminated in accordance with paragraph (1) or, as the case may be, paragraph (2) of regulation 4.
6
Where a person to whom paragraph (5) applies would have been in receipt of unemployment benefit in respect of either 6th or 7th April 1996 but for being summoned for jury service or taking part in training, regulation 6 shall apply in his case as if he had in fact been in receipt of unemployment benefit for one of those days.
7
In the case of a person who on the relevant day —
a
was summoned for jury service; and
b
was entitled to income support; and
c
would but for being summoned for jury service have been available for and actively seeking employment,
his award of income support shall end at the end of the benefit week which includes the last day in respect of which he was summoned for jury service and regulation 6 shall apply in his case as if paragraph (1) referred to that benefit week and not the benefit week which commenced on or after 7th October 1996.
Further provisions applying to a continuing entitlement to a Jobseeker’s Allowance
8
1
A person’s continuing entitlement to jobseeker’s allowance shall be subject to the following provisions of this regulation where an award of a jobseeker’s allowance —
a
is made on a claim treated as made for that benefit in accordance with regulation 5; or
b
has effect in accordance with regulation 6.
2
A claimant is required to satisfy —
a
the conditions of entitlement set out in section 1(2)(a) to (c) of the Act on a weekly basis; and
b
the other conditions for entitlement to a contribution-based jobseeker’s allowance for each day of the week except Sunday or, where in a particular case another day was substituted for Sunday under regulation 4 of the Unemployment Benefit Regulations as in force on 6th October 1996, except that day of the week.
3
Paragraph (4) applies —
a
as from the first day in the benefit week which in a particular case immediately follows the benefit week which includes 6th April 1997 except in the case of a person whose transitionally protected period ended before that date; or
b
as from the first day in an award of a jobseeker’s allowance where the claimant satisfied the requirements of section 2 and where —
i
that day forms part of a jobseeking period separated by more than 8 weeks but less than 12 weeks from the last day of the transitionally protected period, or where there is no such day, the relevant day if unemployment benefit was payable in respect of that day;
ii
that day forms part of a jobseeking period which is separated by not more than 12 weeks from a period of interruption of employment; or
iii
the tax years which in accordance with section 2, are to be satisfied for entitlement to a contribution-based jobseeker’s allowance to arise are the same tax years as those by reference to which entitlement to unemployment benefit arose on a claim made by the claimant in respect of a day before 7th October 1996.
4
Where this paragraph applies the number of days which are to be aggregated for the purposes of section 5(1) shall be determined in accordance with the formula —
( A + B ) × 7 6
where —
A
the number of days entitlement to unemployment benefit in any period of interruption of employment to which paragraph (3) refers;
B
the number of days entitlement to a contribution-based jobseeker’s allowance falling within the transitionally protected period.
5
Any fraction produced by applying the formula set out in paragraph (4) shall be disregarded.
Transitionally Protected Period
9
1
The transitionally protected period commences in the case of any particular claimant on the first day in the benefit week which commences in his case on or after 7th October 1996 and applies to a claimant —
a
who was awarded a jobseeker’s allowance on a claim treated as made under regulation 5(1); or
b
whose award of unemployment benefit terminated in accordance with regulation 5(2).
2
The transitionally protected period ends in the case of any particular claimant on the last day in the benefit week which includes 6th April 1997 or, if earlier, on the termination of any period of entitlement to a contribution-based jobseeker’s allowance which does not link, in accordance with this regulation, with any subsequent period of entitlement to a contribution-based jobseeker’s allowance.
3
For the purposes of determining whether in any particular case the transitionally protected period has ended, periods of entitlement to a contribution-based jobseeker’s allowance —
a
separated by not more than 8 weeks shall link;
b
separated by more than 8 weeks shall not link,
and in determining whether any particular periods of entitlement link, any period which is for the purposes of regulation 3(2) a linked period shall be disregarded.
4
Where a person —
a
is entitled to a jobseeker’s allowance and that entitlement falls within the transitionally protected period; and
b
satisfies the requirements of section 2 but not those of section 3,
an amount equal to any dependency increase payable with his unemployment benefit in respect of the benefit week which includes the relevant day, shall be payable as an addition to the person’s contribution-based jobseeker’s allowance but only for so long as he continues to satisfy the conditions of entitlement to the dependency increase which applied on that day.
5
Where a person had not attained the age of 55 on the relevant day then for any week falling within the transitionally protected period in which he has still not attained that age section 30 of the Benefits Act shall apply in his case as if it had not been repealed, and the deductions prescribed under section 4(1)(b) in so far as they relate to occupational pensions shall not be made.
6
In the case of a person who, on the relevant day —
a
was entitled to unemployment benefit by virtue of section 25(2)(b) or (c) of the Benefits Act; and
b
has attained pensionable age,
his continuing entitlement to a contribution-based jobseeker’s allowance shall be determined in the transitionally protected period as if those provisions of the Benefits Act continued to apply in his case and the requirement of section 1(2)(h) did not apply, but subject to section 5(1) and regulation 8 (further provisions applying to a continuing entitlement to a jobseeker’s allowance).
7
In the transitionally protected period, where the weekly amount payable in accordance with section 4(1)(a) is less than the amount of unemployment benefit payable in the claimant’s case for the benefit week which includes the relevant day in accordance with paragraph 1 of Schedule 4 to the Benefits Act, the age related amount applicable in that case shall be an amount equal to the amount formerly payable by way of unemployment benefit under that provision.
8
In paragraph (7) the reference to the amount of unemployment benefit includes a reference to the amount of unemployment benefit which would have been payable had not the claimant been summoned as a juror or been undergoing training.
9
Where a person is entitled to an income-based jobseeker’s allowance, an amount equal to any dependency increase payable to him in accordance with section 82 of the Benefits Act in respect of an adult dependant who does not reside with him shall be —
a
included in the applicable amount of the person; and
b
disregarded in determining the amount of the person’s income,
but only for so long as he continues to satisfy the conditions of entitlement to the dependency increase which applied on that day, or until the end of the benefit week which for him includes 7th April 1997, whichever is the earlier.
Jurors entitled to Income Support on the relevant day
10
1
This regulation applies to a person who in the benefit week which includes the relevant day was a juror and —
a
was entitled to income support without satisfying the requirement that he be available for employment in that week by virtue of regulation 8(1) of and paragraph 17 of Schedule 1 to the Income Support Regulations;
b
immediately before commencing his duties as a juror was entitled to income support where the applicable amount was reduced in accordance with regulation 21A or 22 of the Income Support Regulations ; and
c
before the benefit week which includes 6th April 1997, he ceases to be a juror.
2
When the person to whom paragraph (1) applies ceases to be a juror —
a
his award of income support shall terminate at the end of the benefit week in which he ceases to be a juror; and
b
he shall be treated as having been awarded an income-based jobseeker’s allowance for a period commencing on the first day of the benefit week which follows the benefit week in which his award of income support is terminated.
3
Where an amount prescribed in accordance with section 4(5) which is applicable in the case of a person treated as having been awarded an income-based jobseeker’s allowance under paragraph (2)(b) is less than the amount which was applicable for the purpose of his award of income support under Schedule 2 or, as the case may be, Schedule 7 to the Income Support Regulations, reduced in accordance with regulation 21A or 22 of those Regulations, in the last benefit week to which his applicable amount was subject to such a reduction, then the higher amount which was applicable in the award of income support shall also be applicable for the purposes of determining the amount of income-based jobseeker’s allowance payable in his case.
4
An award having effect in accordance with this regulation shall continue until such date as the claimant fails to satisfy, or in respect of which he ceases to be treated as satisfying, any condition of entitlement which applies in his case, or if earlier, until the end of the benefit week which includes 6th April 1997.
Earnings during the Transitionally Protected Period
11
1
During the transitionally protected period, a person’s entitlement to a contribution-based jobseeker’s allowance shall be subject to the conditions set out in this regulation.
2
A person’s entitlement to a contribution-based jobseeker’s allowance in any week is subject to the condition that, on each day in that week he continues to satisfy the requirements of regulations 7(1)(g)(i) and (iii) and (o) of the Unemployment Benefit Regulations as in force on 6th October 1996, except on a day on which regulation 9 of those Regulations would have applied to him, notwithstanding that those provisions have ceased to have effect but as if the references to regulation 10, 11 and 12 were omitted and as if regulation 7(5B) continued to apply.
3
Regulation 7(1)(g)(i) and (iii) and (o) of the Unemployment Benefit Regulations shall apply as if the reference to “unemployment benefit” was a reference to a contribution-based jobseeker’s allowance, and as if for references to “day of unemployment” there were substituted references to a day on which a person satisfies the conditions of entitlement to a jobseeker’s allowance specified in section 1(2)(a) to (d)(i) and (e) to (i).
4
Where a person has one or more days in any week on which he fails to satisfy the conditions of paragraph (2) —
a
he may nonetheless qualify for a contribution-based jobseeker’s allowance on the other days in that week except Sunday or the day which in his case was substituted for Sunday in accordance with regulation 4 of the Unemployment Benefit Regulations as in force on 6th October 1996; and
b
except where sub-paragraph (c) applies, the amount of the contribution-based jobseeker’s allowance payable to him in that week shall be reduced by an amount equal to one-sixth of the weekly amount for each day in that week on which he fails to satisfy those requirements; or
c
no contribution-based jobseeker’s allowance shall be payable to him in that week where, had regulation 7(1)(o) of the Unemployment Benefit Regulations (weekly earnings in excess of lower earnings limit) as in force on 6th October 1996 applied in his case, no unemployment benefit would have been payable for that week.
Earnings generally
12
1
In the transitionally protected period, the amount of a person’s earnings shall, for the purpose of determining a person’s entitlement to an amount of a contribution-based jobseeker’s allowance, be calculated or estimated in accordance with section 3 of the Benefits Act and regulations 2 to 4 of the Social Security Benefit (Computation of Earnings) Regulations 1978 .
2
In any case where —
a
the amount of a person’s earnings are determined in accordance with provisions which applied before 7th October 1996 (“the old rules”); and
b
the person’s earnings subsequently fall to be determined in accordance with the provisions of the Act and the regulations made thereunder (“the new rules”),
any earnings determined in accordance with the old rules shall be disregarded for the purposes of the new rules.
Part-time Students
13
1
This regulation applies to a person (referred to in this regulation as a “participant”) to whom regulation 5 or 6 applies and who on 31st July 1996 was entitled to income support or unemployment benefit.
2
In the case of a participant who on 31st July 1996 was treated as available for employment in accordance with regulation 9(1)(c) of the Income Support Regulations, he shall continue to be treated as available for employment for the purposes of a jobseeker’s allowance, notwithstanding any regulation to the contrary, for so long as he continues to satisfy —
a
the requirements of regulation 9(1)(c) of the Income Support Regulations as in force on 31st July 1996; and
b
the provisions of paragraph (4).
3
A participant who on 31st July 1996 —
a
although attending a course of study within the meaning of regulation 7(3)(c) of the Unemployment Benefit Regulations was not a student for the purposes of regulation 7(1)(m) of those Regulations ; or
b
although attending a course of study was not a student for the purposes of regulation 10 of the Income Support Regulations ,
shall be treated for the purposes of any regulations relating to a jobseeker’s allowance as if he was a part-time student within the meaning of those regulations for so long as he continues —
i
to attend the course of study referred to in sub-paragraph (a) or (b), and,
ii
to satisfy the provisions of paragraph (4).
4
The provisions of this paragraph are that —
a
the participant continues to follow the course of study or, as the case may be, the course of education, training or instruction, which he was following on 31st July 1996; and
b
his award of a jobseeker’s allowance which arose in accordance with regulation 7 or on a claim treated as made under regulation 6 has not terminated and for the purpose of determining whether the award has terminated any period which is a linked period under regulation 3 shall be disregarded and two awards separated by a linking period shall be treated as a single award.
Claimants subject to disqualification or reduction in benefit
14
1
In the case of a person who on the relevant day was disqualified for receiving unemployment benefit in accordance with section 28 of the Benefits Act for a period which would not, but for the replacement of unemployment benefit with a jobseeker’s allowance, have expired on that day, the award of a contribution-based jobseeker’s allowance which arises under regulation 6 (jobseeker’s allowance to replace income support and unemployment benefit) shall not be payable for the balance of that period.
2
In the case of a person who on the relevant day was entitled to income support at a rate reduced in accordance with regulation 21A or 22 of the Income Support Regulations , any award of an income-based jobseeker’s allowance which has effect in accordance with regulation 6 shall be payable at the rate appropriate under section 4(3) of the Act, reduced by a sum equal to the amount by which the income support had been reduced and only the balance (if any) shall be payable.
3
The reduction mentioned in paragraph (2) shall end —
a
in a case where the claimant was disqualified for receiving unemployment benefit and paragraph (1) applies, on the day after the day the balance of the period mentioned in that paragraph ends;
b
where a claim for unemployment benefit by the claimant, or a question which arose in connection with his award of unemployment benefit, had not been determined on the relevant day, on the day that claim or question is determined;
c
except in a case which has already ended in accordance with sub-paragraph (a) or (b), on whichever day is the earlier of —
i
the date the award of an income-based jobseeker’s allowance terminates; or
ii
the benefit week which included 6th April 1997.
4
For the purpose of determining in accordance with paragraph (3)(c)(i) whether an award has terminated, periods of entitlement to an income-based jobseeker’s allowance —
a
separated by not more than 8 weeks shall link;
b
separated by more than 8 weeks shall not link,
and in determining whether any particular periods of entitlement link, any period which is for the purposes of regulation 3(2) a linked period shall be disregarded.
Treatment of Contribution-based Jobseeker’s Allowance as Earnings
15
1
In the transitionally protected period, a payment of a contribution-based jobseeker’s allowance which falls to be taken into account in determining the earnings of any person shall be treated as if it was payable on a daily basis for six days per week.
2
Paragraph (1) shall apply only in a case where the contribution-based jobseeker’s allowance is payable to a person who was entitled to unemployment benefit in the benefit week which included the relevant day.
3
The days of the week in respect of which the payment is treated as made shall be the same days as those in respect of which unemployment benefit was paid in the benefit week which included the relevant day.
4
The amount payable in respect of each of the 6 days shall be calculated —
a
except where sub-paragraph (b) applies, by dividing the total benefit payable for the week by 6; or
b
where payment is made for a part-week by dividing the total benefit payable by the number of days in the part-week and assigning no amount to the remaining days.
Questions not immediately ascertainable
16
1
Where on consideration of a claim or question relating to a jobseeker’s allowance it appears to an adjudication officer that the claimant’s entitlement to, or the rate or amount of, that benefit depends on the determination of —
a
a question as to the amount of housing costs to be included in the claimant’s applicable amount, and the adjudication officer is satisfied that not all the housing costs can be immediately ascertained, he shall proceed to determine the claim or question on the assumption that the housing costs to be included in the claimant’s applicable amount are those which are immediately ascertainable;
b
any of the questions mentioned in paragraph (2), and he is satisfied that the questions cannot be immediately determined, he shall proceed to determine the claim or question on the assumption that the determination of that question will be adverse to the claimant.
2
The questions referred to in paragraph (1)(b) are —
a
whether the conditions specified in section 2, other than those specified in section 2(1)(c) or (d), are satisfied in his case;
b
whether a person is, or is to be treated as, available for or actively seeking employment;
c
whether section 19 (circumstances in which a jobseeker’s allowance is not payable) applies for any period;
d
whether a person is receiving relevant education.
3
A determination relating to a jobseeker’s allowance made in accordance with the forgoing provisions of this regulation shall be reviewed where it is necessary to give effect to any determination on a question to which those provisions apply.
Claims for a Jobseeker’s Allowance
17
1
Claims made on or after 7th October 1996 for a jobseeker’s allowance may be treated by the Secretary of State as a claim in addition to, or as a claim for unemployment benefit or income support or both for a period before 7th October 1996.
2
A claim treated as made for unemployment benefit or income support in accordance with paragraph (1) shall be treated as made on the day the claim for a jobseeker’s allowance was made.
Signed by authority of the Secretary of State for Social Security.
Roger Evans
Parliamentary Under-Secretary of State,
Department of Social Security
18th December 1995