text:
Citation and Commencement
1
These Regulations may be cited as the Radioactive Material (Road Transport) (Great Britain) Regulations 1996 and shall come into force on 20th June 1996.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“A 1 ” means the maximum activity of special form radioactive material permitted in a Type A package, calculated in accordance with Schedule 1;
“A 2 ” means the maximum activity of radioactive material other than special form radioactive material permitted in a Type A package, calculated in accordance with Schedule 1;
“accident conditions of transport” means conditions of transport involving more than minor mishaps;
“ ADR ” means the 1995 edition of the “European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR)” (1995) produced by the Department of Transport and published by HMSO ( ISBN 011-551265-9);
“ the Act ” means the Radioactive Material (Road Transport) Act 1991;
“carrier” means a person undertaking the transport of radioactive material, and includes both a carrier for hire or reward and a carrier on own account;
“competent authority” means the Secretary of State, or any national authority of a state other than the United Kingdom or any international authority designated or otherwise recognised as a competent authority for any purpose in connection with the International Safety Regulations as they apply to road transport;
“competent authority identification mark” means a mark assigned by a competent authority in accordance with Schedule 23;
“consignee” any person who receives a consignment;
“consignment” means any package or packages, or load of radioactive material, presented by a consignor for transport;
“consignor” means any person who presents a consignment for transport and who is named as consignor in the transport documents, or a freight forwarder acting as agent for such a person;
“containment system” means the assembly of components of the packaging specified by the designer as intended to retain and form the boundary of the radioactive material during transport;
“contamination” means the contamination of any surface or any part of absorbent material by any radioactive material, and “contaminated” and “decontaminated” shall be construed accordingly;
“conveyance” means any vehicle, any seagoing vessel or inland waterway craft used for carrying cargo, any hold, compartment or deck area of any such vessel or craft, or any aircraft;
“the Dangerous Goods Recommendations ” means the eighth revised edition of the “The United Nations Recommendations on the Transport of Dangerous Goods” prepared by the United Nations Committee of Experts on the Transport of Dangerous Goods published by HMSO (ISBN 92-1-139042-7);
“depleted uranium” means uranium containing a lesser mass percentage of uranium-235 than in natural uranium;
“design” means, in relation to any package, packaging or special form radioactive material, a description which enables that package, packaging or material to be fully identified and which may include specifications, engineering drawings, reports demonstrating compliance with regulatory requirements, and other relevant documentation;
“driver” means, in relation to a trailer, the driver of the vehicle by which the trailer is drawn;
“excepted package” means a package which meets the requirements of paragraphs 1 to 9 and 12 of Schedule 2 and —
is a package containing radioactive material of limited activity which meets the requirements of Schedule 3;
is a package containing instruments or manufactured articles which meets the requirements of Schedule 4; or
is an empty packaging which meets the requirements of Schedule 5.
“exclusive use” means the sole use, by a single consignor, of a conveyance or of a large freight container with a minimum length of 6 metres, in respect of which all initial, intermediate, and final loading and unloading is carried out in accordance with the directions of the consignor or consignee;
“fissile material” means uranium-233, uranium-235, plutonium-238, plutonium-239, plutonium-241, or any combination thereof, and does not include unirradiated natural uranium, unirradiated depleted uranium, or natural uranium or depleted uranium which has been irradiated in thermal reactors only;
“fissible package” means a package which meets the requirements of Schedule 7;
“fixed contamination” means contamination which is not non-fixed contamination;
“freight container” means an article of transport equipment designed to facilitate the transport of goods, either packaged or unpackaged, by one or more modes of transport without intermediate reloading, which is of a permanent enclosed character, rigid and strong enough for repeated use, and fitted with devices facilitating its handling particularly in transfer between conveyances and from one mode of transport to another;
“goods compartment” means a part of a vehicle intended or adapted for the transport of goods or burden;
“industrial package” means an industrial package Type 1 ( IP-1 ), an industrial package Type 2 ( IP-2 ) or an industrial package Type 3 ( IP-3 );
“industrial package Type 1 (IP-1)” means a package meeting the requirements of Schedule 9, Part I;
“industrial package Type 2 (IP-2)” means a package meeting the requirements of Schedule 9, Part II;
“industrial package Type 3 (IP-3)” means a package meeting the requirements of Schedule 9, Part III;
“the International Safety Regulations” means the “Regulations for the Safe Transport of Radioactive Material 1985 edition (As amended 1990)” published by the International Atomic Energy Agency, Vienna 1990, Safety Series No. 6 (ISBN 92-0-123890-8);
“the ISO classification document ” means the International Organisation for Standardisation document, “Sealed radioactive sources — Classification” published by the British Standards Institution and HMSO (Reference No. ISO 2919-1980 (E));
“the ISO freight containers document ” means the International Organisation for Standardisation document, “Series 1 Freight Containers — Specifications and Testing — Part 1: General Cargo Containers” published by the British Standards Institution and HMSO (Reference No. ISO 1496/1-1978);
“the ISO leak test document ” means the International Organisation for Standardisation document, “Sealed Radioactive Sources — Leak Test Methods” published by the British Standards Institution and HMSO (Reference No. ISO/ TR 4826-1979 (E));
“large freight container” means a freight container which is not a small freight container;
“low specific activity material” means radioactive material which by its nature has a limited specific activity, or for which limits of estimated average specific activity, disregarding external shielding materials surrounding the radioactive material, apply;
“ LSA material” means low specific activity material;
“LSA-I” means LSA material comprising —
ores containing naturally occurring radionuclides (such as uranium and thorium), and uranium or thorium concentrates of such ores;
solid unirradiated natural uranium or depleted uranium or natural thorium or their solid or liquid compounds or mixtures; or
radioactive material, other than fissile material, for which the A 2 value is unlimited;
“LSA-II” means LSA material comprising —
water with tritium concentration up to 0.8 TBq/L; or
other material in which the activity is distributed throughout and the estimated average specific activity does not exceed 10 −4 A 2 /g for solids and gases, and 10 −5 A 2 /g for liquids;
“LSA-III” means LSA material comprising solids (such as consolidated wastes and activated materials) in which:
the radioactive material is distributed throughout a solid or a collection of solid objects, or is essentially uniformly distributed in a solid compact binding agent (such as concrete, bitumen, ceramic, etc. );
the radioactive material is relatively insoluble, or it is intrinsically contained in a relatively insoluble matrix; and
the estimated average specific activity of the solid, excluding any shielding material, does not exceed 2×10 −3 A 2 /g;
and which is of such a nature that if the entire contents of a package containing the material were subjected to the test specified in Part I of Schedule 15 the activity in the water used in the test would not, at the end of the test, exceed 0.1 A 2 ;
“low toxicity alpha emitter” means thorium-228 in ores or physical or chemical concentrates, natural uranium, depleted uranium, natural thorium, uranium-235, uranium-238, thorium-232, or an alpha emitter with a half-life of less than ten days;
“maximum normal operating pressure” means the maximum pressure above atmospheric pressure at mean sea level that would develop in the containment system in a period of one year under the conditions of temperature and solar radiation corresponding to environmental conditions of transport in the absence of venting, external cooling by an ancillary system, or operational controls during transport;
“multilateral approval” means approval by the competent authority both of the state of origin of the design or shipment and of each state through or into (but not by air over) which the consignment is to be transported;
“naturally occurring distribution of uranium isotopes” means approximately 99.28% uranium-238 and 0.72% uranium-235 by mass, but including a very small mass percentage of uranium-234;
“natural uranium” means chemically separated uranium containing the naturally occurring distribution of uranium isotopes;
“non-fixed contamination” means contamination that can be removed from a surface during normal handling;
“normal conditions of transport” means conditions of transport including minor mishaps;
“the Northern Ireland Regulations ” means regulations for the time being in force for Northern Ireland under an Order in Council under paragraph 1(1)(b) of Schedule 1 to the Northern Ireland Act 1974 which contains the statement specified in section 8 of the Act;
“overpack” means an enclosure, such as a box or bag, which is used by a single consignor to consolidate into one handling unit a consignment of two or more packages for convenience of handling, stowage and transport;
“package” means packaging with the radioactive contents thereof as presented for transport;
“packaging” may, in particular, include service equipment for filling, emptying, venting and pressure relief, and devices for cooling, for absorbing mechanical shocks, for providing handling and tie-down capability, for thermal insulation and service devices integral to the package, and may be a box, drum or similar receptacle, or a freight container or tank;
“personnel compartment” means a driver’s compartment in a vehicle or a part of a vehicle intended or adapted for the carriage of persons in the vehicle;
“quality assurance programme” means a systematic programme of controls, inspections and training applied by any organisation or body involved in the transport of radioactive material, including designers and manufacturers of packagings, consignors and carriers, to ensure compliance with the requirements of the International Safety Regulations applicable to packages and consignments;
“radiation level” means the corresponding dose equivalent rate expressed in millisieverts per hour (“mSv/h”);
“radioactive contents” means radioactive material together with any contaminated solids, liquids and gases within the packaging;
“radioactive material” does not include radioactive material which is an integral part of the means of transport of that material;
“road”: (a) in relation to England and Wales, means any highway and any other road to which the public has access, and (b) in relation to Scotland has the same meaning as in the Roads (Scotland) Act 1984 ;
“routine transport” means incident free conditions;
“shipment” means the specific movement of a consignment from origin to destination where that movement includes transport in Great Britain;
“small freight container” means a freight contrainer which has either any overall outer dimension less than 1.5 metres, or an internal volume of not more than 3.0 m 3 ;
“special arrangement” means provisions approved under regulation 15;
“special form radioactive material” means an indispersible solid radioactive material or a sealed capsule containing radioactive material, which meets the requirements of Schedule 6;
“specific activity” means the activity of a radionuclide per unit mass of that nuclide, the specific activity of a material in which the radionuclide is essentially uniformly distributed being the activity per unit mass of that material;
“surface contaminated object” means a solid object which is not itself radioactive but which has radioactive material distributed on its surfaces;
“ SCO ” means a surface contaminated object;
“SCO-I” means an SCO on which:
the non-fixed contamination on the accessible surface averaged over 300 cm 2 (or the area of the surface if less than 300 cm 2 ) does not exceed 4 Bq/cm 2 for beta and gamma emitters and low toxicity alpha emitters, or 0.4 Bq/cm 2 for all other alpha emitters; and
the fixed contamination on the accessible surface, averaged over 300 cm 2 (or the area of the surface if less than 300 cm 2 ) does not exceed 4×10 4 Bq/cm 2 for beta and gamma emitters and low toxicity alpha emitters, or 4×10 3 Bq/cm 2 for all other alpha emitters; and
the non-fixed contamination plus the fixed contamination on the inaccessible surface, averaged over 300 cm 2 (or the area of the surface if less than 300 cm 2 ) does not exceed 4×10 4 Bq/cm 2 for beta and gamma emitters and low toxicity alpha emitters, or 4×10 3 Bq/cm 2 for all other alpha emitters;
“SCO-II” means an SCO on which either the fixed or non-fixed contamination on the surface exceeds the applicable limits specified for SCO-I in the definition of that term and on which:
the non-fixed contamination on the accessible surface averaged over 300 cm 2 (or the area of the surface if less than 300 cm 2 ) does not exceed 400 Bq/cm 2 for beta and gamma emitters and low toxicity alpha emitters, or 40 Bq/cm 2 for all other alpha emitters; and
the fixed contamination on the accessible surface, averaged over 300 cm 2 (or the area of the surface if less than 300 cm 2 ) does not exceed 8×10 5 Bq/cm 2 for beta and gamma emitters and low toxicity alpha emitters, or 8×10 4 Bq/cm 2 for all other alpha emitters; and
the non-fixed contamination plus the fixed contamination on the inaccessible surface averaged over 300 cm 2 (or the area of the surface if less than 300 cm 2 ) does not exceed 8×10 5 Bq/cm 2 for beta and gamma emitters and low toxicity alpha emitters, or 8×10 4 Bq/cm 2 for all other alpha emitters;
“tank” means a tank container, portable tank, a road tank vehicle, a rail tank wagon or a receptacle with a capacity of not less than 450 litres to contain liquids, powders, granules, slurries or solids which are loaded as gas or liquid and subsequently solidified, and not less than 1000 litres to contain gases;
“tank container” means a container capable of being carried on land or on sea and of being loaded and discharged without the need of removal of its structural equipment, possessing stabilising members and tie-down attachments external to the shell, and capable of being lifted when full;
“transport” means transport by road and includes all operations and conditions associated with and involved in the movement of radioactive material by road, including —
the design, fabrication and maintenance of packaging,
the preparation, consigning, handling, carriage, storage in transit and receipt at the final destination of packages,
normal and accident conditions of transport by road encountered in carriage and in storage during transit, and
transport by road which is incidental to the use of the radioactive material;
“Transport Index ( TI )” means a single number determined in accordance with Schedule 17 and assigned to a package, overpack, tank or freight container, or to unpackaged LSA-I or SCO-I;
“Type A package” means a package containing an activity up to A 1 , if special form radioactive material, or up to A 2 if not special form radioactive material, meeting the requirements of Schedule 11;
“Type B package” means a package containing an activity that may be in excess of A 1 , if special form radioactive material, or in excess of A 2 if not special form radioactive material, which is either a Type B(M) package or a Type B(U) package;
“Type B(M) package” means a package meeting the requirements of Schedule 14;
“Type B(U) package” means a package meeting the requirements of Schedule 13;
“uncompressed gas” means gas at a pressure not exceeding ambient atmospheric pressure at the time the containment system is closed;
“unilateral approval” means an approval of a design which is required to be given by the competent authority of the state of origin of the design alone;
“unirradiated thorium” means thorium containing not more than 10 −7 g of uranium-233 per gram of thorium-232;
“unirradiated uranium” means uranium containing not more than 10 −6 g of plutonium per gram of uranium-235 and not more than 9 MBq of fission products per gram of uranium-235;
“vehicle” means a road vehicle, including an articulated vehicle, and, except for the purposes of regulation 34, each trailer shall be considered as a separate vehicle;
“visiting force” means any such body, contingent or detachment of the forces of any state to which the provisions of the Visiting Forces Act 1952 apply by virtue of section 1(1)(a) or section 1(1)(b), and any Order in Council under section 1(2), of that Act.
2
These Regulations give effect to the International Safety Regulations and, unless the context otherwise requires, other expressions used in these Regulations which are also used in those Regulations have the meaning they bear in those Regulations.
3
In these Regulations, unless the context otherwise requires, any reference to —
a
a numbered regulation or a numbered schedule is a reference to the regulation or schedule bearing that number in these Regulations;
b
a numbered paragraph is a reference to the paragraph bearing that number in the regulation or schedule in which the reference appears;
c
a numbered table is a reference to the table bearing that number in Schedule 36.
Application of the Regulations
3
1
Subject to paragraph (2), these Regulations apply to the transport in Great Britain of any radioactive material.
2
These Regulations do not apply to —
a
the transport of radioactive material contained in the body of any person as a result of the implantation in that person of a radioisotopic cardiac pacemaker or other device, or the diagnosis or treatment of that person with radiopharmaceuticals;
b
the transport of radioactive material in a vehicle which —
i
is engaged in an international transport operation within the meaning of ADR,
ii
complies with the conditions contained in Annexes A and B to ADR, and
iii
is certified pursuant to ADR as complying with it;
c
a transport operation which is subject to a special bilateral or multilateral agreement under the terms of Article 4 of ADR to which the United Kingdom is a Contracting Party;
d
the transport of radioactive material which is or forms part of an instrument of war or is required for research into or development or production of any such instrument or part of such an instrument or is produced in the course of or in connection with such a development or production, when the transport is on behalf of a Department of the Government of the United Kingdom or is in connection with the execution of a contract made with any such Department;
e
the transport of radioactive material which is or forms part of an instrument of war when the transport is on behalf of a visiting force or is in connection with the execution of a contract made with any such force;
f
the transport of luminous devices worn by a person or luminous devices as part of the vehicle;
g
the transport in any one vehicle of no more than 500 smoke detectors for domestic use with an individual activity not exceeding 40 KBq;
h
the transport of gaseous tritium light devices with an individual activity not exceeding 10 GBq when no more than five such devices are transported in the vehicle.
Knowledge of radioactivity
4
These Regulations shall not apply to a person in relation to radioactive material if that person does not know or does not have reasonable grounds to believe that the material is radioactive.
General prohibitions
5
No person shall transport or cause to be transported any radioactive material except in accordance with these Regulations.
6
No person shall —
a
transport radioactive material in a vehicle which is a public service vehicle within the meaning of the Public Passenger Vehicles Act 1981 or a tramcar or trolley vehicle within the meaning of the Road Traffic Act 1988 ; or
b
transport radioactive material in a vehicle which is carrying any explosive substance within the meaning of the Road Traffic (Carriage of Explosives) Regulations 1989 except under special arrangement in accordance with regulation 15; or
c
transport any package in a vehicle if he knows or has reason to believe that the package has or may have been damaged, unless the consignor of the package or his agent has made a declaration in the terms set out in paragraph 20 of Schedule 20 after the incident giving rise to the damage or possibility of damage, and that declaration is transported with the package; or
d
transport in a vehicle any packaging bearing a label described in Schedule 18 which does not correspond to the contents of that packaging.
7
No person shall be a carrier of radioactive material unless —
a
he is the consignor of that material; or
b
he holds transport documents for that material issued in accordance with regulation 27; or
c
the material is in the course of its first transport in Great Britain since being imported into Great Britain from Northern Ireland, and he knows, or has reasonable grounds to believe, that it meets the requirements of the Northern Ireland Regulations as to its labelling and transport documents.
8
Subject to regulation 15, no person shall transport or cause to be transported any radioactive material except —
a
in a package which is —
i
an excepted package,
ii
an industrial package,
iii
a Type A package, or
iv
a Type B package,
and which is also, if the radioactive material is fissile material and the package does not fall within Schedule 8, a fissile package; or
b
unpackaged LSA-I or SCO-I, in accordance with the conditions prescribed in paragraph 3 of Schedule 10.
9
a
No person shall transport or cause to be transported any other goods in a tank which is being or has at any time been used for the storage or transport of radioactive material.
b
No person shall transport or cause to be transported any liquid radioactive material in a tank unless —
i
the tank opening is above the level of the liquid; and
ii
the piping or pipe connections of the shell walls are below the level of the liquid.
General obligation
10
The consignor and the carrier of radioactive material in a vehicle, and the driver of the vehicle, shall exercise reasonable care to ensure that the material shall not, in the course of transport, cause any injury to health, or any damage to property or to the environment.
Tampering with, and securing of, packages
11
1
No person shall wilfully damage, or open without reasonable cause, any package in the course of transport.
2
No person other than the carrier of radioactive material shall remove the material from the vehicle transporting it while in the course of transport, or alter the position of any package in the vehicle, except in accordance with the instructions of the carrier, the consignor or the consignee, or for reasonable cause.
3
The carrier of any package shall exercise all reasonable care to ensure that the package is secured against unlawful removal from the vehicle transporting it and is securely stowed in the vehicle during transport.
Tampering with labels
12
No person shall —
a
remove without reasonable cause from a package in the course of transport any label attached to or warning sign or mark displayed on or within the package in accordance with the requirements of these Regulations, or wilfully deface any such label, sign or mark; or
b
remove without reasonable cause from a vehicle carrying radioactive material any label, notice, placard or plate carried by that vehicle in accordance with the requirements of these Regulations, or wilfully deface any such label, notice, placard or plate.
Contents limits
13
Subject to regulation 15, no person shall transport or cause to be transported any package unless the quantity of radioactive material in the package is within the contents limits specified for that type of package in Schedule 16.
Transport Index (TI) limits
14
1
No person shall transport or cause to be transported any package, overpack, tank, freight container or unpackaged LSA-I or SCO-I unless the Transport Index (TI) for that item has been determined by the consignor in accordance with Schedule 17.
2
Subject to regulation 15, no person shall transport or cause to be transported any package or overpack with a Transport Index (TI) greater than 10 except under exclusive use.
3
No person shall transport or cause to be transported in a conveyance any radioactive material (other than a consignment consisting entirely of LSA-I material) if the total sum of the Transport Indexes (TI) of the packages, overpacks, tanks and freight containers aboard that conveyance is greater than 50, except under exclusive use.
4
No person shall transport or cause to be transported in a conveyance under exclusive use any packages or overpacks containing fissile material if the total sum of the Transport Index (TI) of such packages or overpacks is greater than 100.
Special arrangement
15
1
Radioactive material whose transport is otherwise prohibited by regulation 8 or 13 or prohibited except under exclusive use by regulation 14(2) may be transported under special arrangement with multilateral approval.
2
Approval may not be given by the Secretary of State to the transport of a consignment by special arrangement unless the provisions for such transport are adequate to ensure that the overall level of safety in transport and in-transit storage is at least equivalent to that which would have been achieved if all the applicable requirements of these Regulations had been met.
3
Application for approval by the Secretary of State of a shipment under special arrangement shall be made in accordance with the provisions of Schedule 28.
4
The approval of a shipment by the Secretary of State under this regulation shall be given by the issue of a special arrangement approval certificate.
5
The approval by the competent authority of another state of a shipment under special arrangement shall be evidenced by a special arrangement approval certificate issued by that competent authority.
Radiation level limits for consignments under exclusive use
16
No person shall transport or cause to be transported any consignment under exclusive use unless the radiation level of the consignment is within the limits specified in Schedule 32.
Special form radioactive material
17
1
No person shall transport or cause to be transported any special form radioactive material without unilateral approval of the design for that material.
2
Where the design for special form radioactive material originates in the United Kingdom, application for the approval of the design by the Secretary of State shall be made in accordance with Schedule 22.
3
The approval by the Secretary of State of a design for special form radioactive material shall be given by the issue of a special form radioactive material approval certificate.
4
Where the design for special form radioactive material originated in a state other than the United Kingdom, unilateral approval of the design shall be evidenced by a special form radioactive material approval certificate issued by the competent authority of the state of origin of the design.
Fissile material
18
1
No person shall transport or cause to be transported any fissile material, other than fissile material contained in a package falling within Schedule 8, without multilateral approval of the package design for that material.
2
Application for the approval of a package design for fissile material by the Secretary of State shall be made in accordance with Schedule 24.
3
The approval by the Secretary of State of a package design for fissile material shall be given by the issue of a certificate, and the approval by another competent authority of a package design for such material shall be evidenced by a certificate issued by that authority.
Type B(U) packages
19
1
No person shall transport or cause to be transported any Type B(U) package without unilateral approval of the package design for that package or, in the case of a package containing fissile material and requiring approval under regulation 19(1), multilateral approval of the package design for that package.
2
Application for approval of a package design for a Type B(U) package by the Secretary of State shall be made in accordance with Schedule 25.
3
The approval by the Secretary of State of a package design for a Type B(U) package shall be given by the issue of a certificate stating that the package design meets the requirements of Schedule 13.
4
The approval by a competent authority other than the Secretary of State of a package design for a Type B(U) package shall be evidenced by a certificate issued by that authority stating that the package design meets requirements equivalent to those of Schedule 13.
Type B(M) packages
20
1
No person shall transport or cause to be transported any Type B(M) package without multilateral approval of the package design for that package.
2
Application for approval of a package design for a Type B(M) package by the Secretary of State shall be made in accordance with Schedule 26.
2
The approval by the Secretary of State of a package design for a Type B(M) package shall be given by the issue of a certificate stating that the package design meets the requirements of Schedule 14.
4
The approval by a competent authority other than the Secretary of State of a package design for a Type B(M) package shall be evidenced by a certificate issued by that authority stating that the package design meets requirements equivalent to those of Schedule 14.
Contamination levels
21
1
The non-fixed contamination on the external surfaces of package shall be kept as low as reasonably practicable and, under conditions likely to be encountered in routine transport, shall not exceed the levels spedified in Table III of Schedule 36.
2
Except as provided in paragraph (5), the level of non-fixed contamination on the external and the internal surfaces of overpacks, freight containers and tanks shall not exceed the limits specified in Table III of Schedule 36.
3
A conveyance and equipment used routinely for the transport of radioactive material shall be periodically checked to determine the level of contamination. The frequency of such checks shall be related to the likelihood of contamination and the extent to which radioactive material is transported.
4
Except as provided in paragraph (5), any conveyance, or equipment, or part thereof which has become contaminated above the limits specified in Table III of Schedule 36 or which shows a radiation level in excess of 5 μ Sv/h, in the course of the transport of radioactive material shall be decontaminated as soon as possible and shall not be re-used unless the non-fixed radioactive contamination does not exceed the levels specified in Table III of Schedule 36, and the radiation level resulting from the fixed contamination on surfaces after decontamination is less than 5 μ Sv/h.
5
An overpack, freight container or conveyance dedicated to the transport of LSA material or SCO under exclusive use shall be excepted from the requirements of paragraphs (2) and (4) solely with regard to its internal surfaces and only for as long as it remains under that specific exclusive use.
Saving and transitional provision for designs approved under earlier international regulations or under previous Regulations
22
1
Subject to the following provisions of this regulation, notwithstanding the provisions of regulations 18 to 20, or regulation 41, packaging whose construction begins before 1st January 1996 and which is manufactured to a design approved by a competent authority under the 1973 edition of the “Regulations for the Safe Transport of Radioactive Material” published by the International Atomic Energy Agency, Vienna 1973, Safety Series No. 6 (STI/PUB 323), the 1973 (as amended) edition of those Regulations, published by the International Atomic Energy Agency, Vienna 1979, Safety Series No. 6 (ISBN 92-0-623179-0), or the Regulations revoked by these Regulations may continue to be used in the transport of radioactive material.
2
The use of any packaging falling within paragraph (1) shall require multilateral approval.
3
Before use, any packaging falling within paragraph (1) shall be legibly and durably marked with a serial number assigned in accordance with the provisions of paragraph 3 of Schedule 18.
4
Paragraph (1) shall not apply where changes which have been made in the design of the packaging or in the nature or quantity of the authorised radioactive contents are likely to affect safety.
Shipments requiring approval
23
1
No person shall send or make a shipment of any of the following without multilateral approval of the shipment:
a
a Type B(M) package especially designed to allow controlled intermittent venting;
b
a Type B(M) package containing radioactive material with an activity greater than 3×10 3 A 1 or 3×10 3 A 2 , as appropriate, or 1000 TBq, whichever is the lower;
c
packages containing fissile materials if the sum of the Transport Indexes (TI) of the individual packages exceeds 50.
2
Application for approval by the Secretary of State of a shipment falling within paragraph (1) shall be made in accordance with Schedule 27.
3
The approval of a shipment by the Secretary of State under this regulation shall be given by the issue of a certificate.
4
The approval of the competent authority of another state of a shipment shall be evidenced by a certificate issued by that competent authority.
Quality assurance programmes
24
1
It shall be the duty of the designer, manufacturer, consignor, carrier and user of any package, packaging or special form radioactive material to establish and maintain an adequate quality assurance programme to ensure that he complies with the requirements of these Regulations in relation to the design, manufacture, testing, documentation, use, maintenance, inspection, transport and in-transit storage of that package, packaging or material.
2
Where these Regulations require a design or a shipment to be approved by the Secretary of State, no such approval shall be given until the Secretary of State is satisfied as to the adequacy of the quality assurance programme for that design or shipment.
3
It shall be the duty of the designer, manufacturer, consignor and user of any package design, when so requested by the Secretary of State:
a
to provide the Secretary of State with facilities to inspect the packaging during construction and use;
b
to demonstrate to the Secretary of State that the construction methods and materials used for the construction of the packaging are in accordance with the approved design specifications; and
c
to demonstrate to the Secretary of State that all packagings or special form radioactive material built to an approved design are periodically inspected and, as necessary, repaired and maintained in good condition so that they continue to comply with all the requirements of these Regulations, even after repeated use; and
d
in the case of a design specification which has been fully implemented, to produce a certificate to that effect to the Secretary of State.
Test procedures
25
1
Any test required of a package or special form radioactive material by or under these Regulations shall be made in accordance with the provisions of paragraphs 1 to 5 of Part III, and Part IV, of Schedule 15.
2
The Secretary of State may require such additional tests as he considers necessary to be made on any package or special form radioactive material required by these Regulations to be tested.
Retention and production of information
26
1
The consignor of any consignment shall retain for 2 years from the date on which the transport of that consignment begins any information in his possession derived from measurements of contamination of that consignment.
2
The designer, manufacturer, owner and user of any package, packaging or special form radioactive material shall retain any information in his possession relating to the design, manufacture, testing, use and maintenance of that package, packaging or material, including (without prejudice to the generality of the foregoing) specifications, calculations, test results, quality assurance programmes and manufacturing records, for so long as the package, packaging or material is in use for the transport of radioactive material.
3
An inspector may require the designer, manufacturer, owner, consignor or user of any package, packaging or special form radioactive material to produce such information in his possession relating to that package, packaging or material as the inspector may specify.
Transport documents
27
1
The consignor of any consignment for transport, other than a consignment comprising excepted packages only or a consignment in respect of which he holds a regular consignment certificate under regulation 28, shall, before the transport begins, give to the carrier of the consignment or, where the consignor is the carrier, to the driver of the vehicle in which the consignment is to be transported, the following transport documents:
a
a document meeting the requirements of Schedule 20; and
b
a statement for the carrier in accordance with Schedule 21, covering all the radioactive material in the consignment.
2
The consignor of a consignment comprising excepted packages only shall, before the transport begins, give to the carrier of the consignment or, where the consignor is the carrier, to the driver of the vehicle in which the consignment is to be transported a document containing the information listed in paragraphs 2, 3, 7 and 15 of Schedule 20 and the declaration listed in paragraph 20 of that Schedule covering all the radioactive material in the consignment.
3
The consignor of any consignment shall, on request, make available to the carrier for inspection before the loading, unloading or any transshipment of the consignment all certificates of approval required by these Regulations for the transport of the consignment.
4
No consignor shall prepare a package for shipment until he has in his possession a copy of each certificate of approval required by these Regulations for the shipment, and a copy of the instructions for the proper closing of the package and other preparations for shipment.
5
The consignor of any consignment falling within paragraph (1) or (2) shall retain a copy of the document described in paragraph (1)(a) or, as the case may be, paragraph (2), or a record of the number and type of packages and the total number of transport indexes for each package type consigned for 2 years from the date on which the transport of that consignment begins.
Transport documents for regular consignments
28
1
Where the same packaging with the same radioactive contents is consigned as a package on a regular basis by the same consignor, who is also the carrier of that package, the Secretary of State may issue a regular consignment certificate for that package in accordance with the provisions of Schedule 35.
2
The consignor of any package in respect of which he holds a current regular consignment ceritificate issued under paragraph (1) shall carry in the vehicle in which the consignment is transported a document containing a statement that the consignment is covered by a regular consignment certificate issued under this regulation, the date and contents of that certificate, a record (including destinations and dates) of all consignments made under that certificate, and an expiry date for the document not later than 3 months after the date of the declaration contained in that certificate.
3
The consignor of any package falling within paragraph (2) shall retain a copy of the document described in paragraph (2), or a complete record of the contents of that document, for 2 years from the date on which the transport of that package begins.
Production of documents
29
An examiner, an inspector or a constable in uniform may require the carrier of any radioactive material or the driver of any vehicle transporting radioactive material to produce for inspection such documents relating to that material and required by these Regulations as the examiner, inspector or constable may specify.
Marking, labelling and placarding
30
1
Except where the consignment consists solely of excepted packages, the consignor of any consignment for transport shall comply with the requirements of paragraphs 1 to 8 of Schedule 18 and the carrier of the consignment shall comply with paragraphs 9 to 16 of that Schedule.
2
Any placards or plates required by paragraph (1) to be displayed on the vehicle shall be removed when the vehicle is no longer transporting the consignment to which they relate.
Package inspection prior to shipment
31
1
No person shall send or make the first shipment of any package unless the package meets the requirements of Schedule 29.
2
No person shall send or make any shipment of any package unless the package meets the requirements of Schedule 30.
Stowing for transport
32
1
The carrier of any consignment shall comply with the requirements of Schedule 33 as to stowing for transport.
2
No carrier shall load a conveyance for transport in such a way that the radiation level under conditions likely to be encountered in routine transport exceeds 2 mSv/h at any point on, or 0.1 mSv/h at 2 metres from, the external surface of the conveyance.
Notification of competent authorities
33
1
No consignor shall make the first shipment of any package requiring the approval of any competent authority under these Regulations until copies of each approval certificate required for the package design of that package have been submitted to the competent authority of each state through or into which the consignment is to be transported.
2
No consignor shall make any shipment:
a
of a Type B(U) package containing radioactive material with an activity greater than 3×10 3 A 1 or 3×10 3 A 2 , as appropriate, or 1000 TBq, whichever is the lower;
b
of a Type B(M) package; or
c
comprising transport under special arrangement, without giving notice in accordance with Schedule 31 to the competent authority of each state through or into which the consignment is to be transported.
Restrictions on travel in vehicles transporting radioactive materials
34
1
No person shall travel in a vehicle which is transporting radioactive material unless:
a
he is the carrier of the material or travels with the permission of the carrier of the material;
b
he travels in a personnel compartment; and
c
the material is transported in a goods compartment.
2
No person except the driver and his assistant or assistants may travel in a vehicle transporting a package, overpack, tank or freight container bearing category II-YELLOW or III-YELLOW labels in accordance with Schedules 18 and 19.
3
In this regulation reference to travelling in a vehicle transporting a package, overpack, tank or freight container shall, where the vehicle transporting the package, overpack, tank or freight container is a trailer, include reference to the vehicle by which the trailer is drawn.
4
Except where a vehicle is solely transporting a consignment of excepted packages, to which the provisions of marginal 10 240 (1)(a) shall apply, no person shall travel in a vehicle which is transporting radioactive material unless the vehicle is equipped with firefighting appliances in accordance with marginal 10 240 of ADR.
5
Paragraph (4) shall not apply where no more than 10 packages are transported in one vehicle at any one time and the sum of the Transport Indexes (TI) for the packages does not exceed 3.
Storage in transit
35
The carrier of any consignment shall comply with the requirements of Schedule 34 as to storage of the consignment in transit.
Duties of driver during transport
36
The driver of a vehicle transporting radioactive material:
a
shall exercise reasonable care to ensure that none of the material shall in the course of transport be lost, or escape or be unlawfully removed from the vehicle or from any package;
b
shall not without reasonable cause leave the vehicle unattended in a place to which the public has access;
c
shall not park the vehicle for a continuous period of longer than one hour in any place, unless when it is parked there is a clear space of at least 2 metres on both sides and at both ends of the vehicle, or unless the only radioactive material in the vehicle is contained in excepted packages, industrial packages or Type A packages bearing category I-WHITE labels in accordance with Schedules 18 and 19; and
d
keep on the vehicle the transport document issued in accordance with regulation 27 or 28 until the package to which the document relates has been delivered to the consignee.
Undeliverable consignments
37
The carrier of any consignment which proves to be undeliverable shall place it in a safe location, inform the Secretary of State as soon as possible and ask for his approval of further action.
Duties of driver and carrier in the event of an incident
38
1
The driver of a vehicle transporting radioactive material who discovers or has reason to believe that:
a
any of that material has been lost, escaped or unlawfully removed from the vehicle; or
b
any package carried by the vehicle has been opened or otherwise damaged whether or not the package is still in or on the vehicle; or
c
the vehicle has overturned (including being turned on its side), or has suffered serious damage, or is involved in a fire,
shall immediately notify the police and the consignor.
2
A carrier of radioactive material in a vehicle who becomes aware of an incident falling within paragraph (1) shall immediately notify the police, the Secretary of State and the consignor of the incident (unless the driver of the vehicle has already done so) and shall as soon as reasonably practicable arrange for the examination of the load carried in the vehicle so as to determine whether radioactive contamination has occurred, and if it has, arrange for the safe disposal of any part of the load which has been contaminated and cause the vehicle to be decontaminated.
3
A package which has been involved in an incident falling within paragraph (1) shall not be transported or caused to be transported unless the consignor or his agent has examined it, he is satisfied that it still complies with the requirements of these Regulations and he issues a certificate to that effect.
Notification and registration of serial numbers
39
1
The manufacturer of any packaging manufactured after the date of these Regulations to a design approved by the Secretary of State under regulation 18(3), 19(3) or 20(3) or falling within regulation 22(1) shall promptly notify the Secretary of State of the serial number assigned to that packaging.
2
The owner of any other packaging manufactured to a design approved by the Secretary of State under regulation 18(3), 19(3) or 20(3) or falling within regulation 22(1) shall promptly notify the Secretary of State of the serial number assigned to that packaging.
3
The Secretary of State shall maintain a register of the serial numbers notified to him under paragraphs (1) and (2).
Evaluation of radiation emissions
40
For the purpose of ensuring that the transport of radioactive material does not cause any injury to health, or any damage to property or to the environment, the Secretary of State shall arrange for periodic assessments to be carried out to evaluate the radiation emissions arising from such transport.
Revocation of existing Regulations
41
The Radioactive Substances (Carriage by Road) (Great Britain) Regulations 1974 and the Radioactive Substances (Carriage by Road) (Great Britain) (Amendment) Regulations 1985 are hereby revoked.
Signed by the authority of the Secretary of State
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
20th May 1996


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Statutory Maternity Pay (Compensation of Employers) Amendment Regulations 1996 and shall come into force on 6th April 1996.
Amendment of the Statutory Maternity Pay (Compensation of Employers) and Miscellaneous Amendment Regulations 1994
2
In regulation 3 of the Statutory Maternity Pay (Compensation of Employers) and Miscellaneous Amendment Regulations 1994 (determination of the amount of additional payment to which a small employer shall be entitled) —
a
for the date “6th April 1995” there shall be substituted the date “6th April 1996”; and
b
for the figure “5 per cent.” there shall be substituted the figure “5.5 per cent.”.
Signed by authority of the Secretary of State for Social Security.
Oliver Heald
Parliamentary Under-Secretary of State,
Department of Social Security
7th March 1996


text:
1
These Regulations may be cited as the Capital Gains Tax (Pension Funds Pooling Schemes) Regulations 1996 and shall come into force on 11th July 1996.
2
In these Regulations —
“pension funds pooling scheme” means a unit trust scheme of the description specified in regulation 4 of the Income Tax (Pension Funds Pooling Schemes) Regulations 1996 ;
“unit trust scheme” has the meaning given by section 75(8) of the Financial Services Act 1986 .
3
A unit trust scheme which is a pension funds pooling scheme shall be treated as not being a unit trust scheme for the purposes of the Taxation of Chargeable Gains Act 1992.
Bowen Wells
Liam Fox
Two of the Lords Commissioners of Her Majesty’s Treasury
19th June 1996


text:
1
1
This Order may be cited as the A66 Trunk Road (Stainburn and Great Clifton Bypass) Order 1996 and shall come into force on 21st June 1996.
2
In this Order all measurements of distance are measured along the route of the relevant highway.
2
The new highway which the Secretary of State proposes to construct along the route described in the Schedule to this Order shall become a trunk road from the date when this Order comes into force.
3
The centre line of the new trunk road is indicated by a heavy black line on the plan numbered HA/10/RPD/185, marked “The A66 Trunk Road (Stainburn and Great Clifton Bypass) Order 199”, signed by authority of the Secretary of State for Transport and deposited at the Department of Transport, Great Minster House, Marsham Street, London SW1P 4DR.
4
The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk road that —
a
where the highway is maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the new trunk road is opened for traffic.
Signed by authority of the Secretary of State for Transport
R. R. Bineham
Northern Operations Director Highways Agency
3rd June 1996


text:
Citation and commencement
1
1
These Regulations may be cited as the Nurses, Midwives and Health Visitors Act 1979 (Amendment) Regulations 1996 and shall come into force on 1996.
2
In these Regulations “ the Act ” means the Nurses, Midwives and Health Visitors Act 1979 .
Admission to register of persons qualified in other EEA States
2
1
In subsection (3)(b) of section 11 of the Act (admission to register), for the words “any member State of the European Communities” and “a member State” there are substituted the words “any EEA State” and “an EEA State” respectively.
2
After subsection (3A) of that section there is inserted the following subsection —
3B
Any person who —
a
is not a national of an EEA State, but
b
is, by virtue of a right conferred by Article 11 of Council Regulation ( EEC ) No. 1612/68 or any other enforceable Community right, entitled to be treated, for the purposes of access to the nursing profession, or the profession of midwifery, no less favourably than a national of such a State,
shall be treated for the purposes of subsection (3)(b) above as if he were such a national.
3
At the end of subsection (4A) of that section there are inserted the words “or such longer period as may be permitted in his case by Article 10 of the Nursing Directive or Article 11 of the Midwifery Directive”.
4
For subsection (5) of that section there is substituted the following subsection —
5
In this Act —
“the EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 ;
“EEA State” means a Contracting Party to the EEA Agreement;
“national”, in relation to an EEA State, means the same as it does for the purposes of the Community Treaties.
Visiting EEA nurses and midwives
3
1
In subsection (1) of section 22B of the Act (visiting EEA nurses and midwives) —
a
for the words “EEC nurse” and “EEC midwife” there are substituted the words “EEA nurse” and “EEA midwife” respectively; and
b
for the words “any member State” and “a member State” there are substituted the words “any EEA State” and “an EEA State” respectively.
2
After that subsection there is inserted the following subsection —
1A
Any person who —
a
is not a national of an EEA State, but
b
is, by virtue of a right conferred by Article 11 of Council Regulation (EEC) No. 1612/68 or any other enforceable Community right, entitled to be treated, for the purposes of access to the nursing profession, or the profession of midwifery, no less favourably than a national of such a State,
shall be treated for the purposes of subsection (1) above as if he were such a national.
3
In subsection (2) of that section, for the words “EEC nurse” and “EEC midwife” there are substituted the words “EEA nurse” and “EEA midwife” respectively.
4
In subsections (3) and (4) of that section, for the words “member States” and “member State” there are substituted the words “EEA States” and “EEA State” respectively.
5
For subsection (5) of that section there are substituted the following subsections —
5
For the purposes of this Act —
‘competent authority’, in relation to an EEA State, means the authority or body designated by that State as competent for the purposes of the Nursing Directive or, as the case may be, the Midwifery Directive;
‘Nursing Directive’ means Council Directive No. 77/452/EEC , concerning the mutual recognition of diplomas, certificates and other evidence of the formal qualifications of nurses responsible for general care, as adapted, amended or extended by the Accession of Greece Act, Council Directive No. 81/1057/EEC , the Accession of Spain and Portugal Act, Council Directives Nos. 89/594/EEC , 89/595/EEC and 90/658/EEC , the EEA Agreement and the Accession of Austria, Finland and Sweden Act;
‘Midwifery Directive’ means Council Directive No. 80/154/EEC , concerning the mutual recognition of diplomas, certificates and other evidence of the formal qualifications in midwifery, as adapted, amended or extended by Council Directive No. 80/1273/EEC , the Accession of Spain and Portugal Act, Council Directives Nos. 89/594/EEC and 90/658/EEC , the EEA Agreement and the Accession of Austria, Finland and Sweden Act;
and ‘EEA Agreement’, ‘EEA State’ and ‘national’ shall be construed in accordance with section 11(5).
6
For the purposes of this section —
‘the Accession of Greece Act’ means the Act annexed to the Treaty relating to the accession of the Hellenic Republic to the European Community signed at Athens on 28th May 1979 ;
‘the Accession of Spain and Portugal Act’ means the Act annexed to the Treaty relating to the accession of the Kingdom of Spain and the Portuguese Republic to the European Community signed at Madrid and Lisbon on 12th June 1985 ;
‘the Accession of Austria, Finland and Sweden Act’ means the Act annexed to the Treaty relating to the accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union, signed at Corfu on 24th June 1994 , as adjusted by the Decision of the Council of the European Union of 1st January 1995 adjusting the instruments concerning the accession of new member States to the European Union .
Minor and consequential amendments
4
1
In section 11A of the Act (deemed registration of visiting EEC nurses and midwives) , for the words “EEC nurse” and “EEC midwife” there are substituted the words “EEA nurse” and “EEA midwife” respectively.
2
In section 12 of the Act (removal from, and restoration to, register) , for the words “EEC nurse”, “EEC nurses” and “EEC midwife” there are substituted the words “EEA nurse”, “EEA nurses” and “EEA midwife” respectively.
3
In paragraph (a) of section 22A of the Act (Community documents) , for the words “member State” there are substituted the words “EEA State”.
Stephen Dorrell
One of Her Majesty’s Principal Secretaries of State
Department of Health
10th December 1996


text:
1
This Order may be cited as the European Parliamentary Elections (Day of By-election) (Merseyside West Constituency) Order 1996 and shall come into force on 1st November 1996.
2
The by-election to fill the vacancy in the European Parliamentary constituency of Merseyside West shall be held on 12th December 1996.
Home Office
Tom Sackville
Parliamentary Under-Secretary of State
22nd October 1996


text:
Citation and commencement
1
This Order may be cited as the Chessington Computer Centre Trading Fund (Revocation) Order 1996 and shall come into force on 31st July 1996.
Revocation
2
This Order revokes the Chessington Computer Centre Trading Fund Order 1993.
Roger Freeman
Chancellor of the Duchy of Lancaster
We concur
Bowen Wells
Kenneth Clarke
Two of the Lords Commissioners of Her Majesty’s Treasury
30th July 1996


text:
Title and commencement
1
These Regulations may be cited as the Animal Test Certificates Regulations 1996 and shall come into force on 13th September 1996.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Medicines Act 1968;
“approved dossier” means all the particulars submitted in an application for a certificate, or at any subsequent time in connection with a certificate, which have been or which are deemed to have been approved by the licensing authority;
“certificate” means an animal test certificate;
“biological product” includes an antigen, toxin, antitoxin, toxoid, serum, antiserum or vaccine or a fraction of any such product;
“new molecule” means an active ingredient which has not at any time been included in a product in respect of which a product licence under the Act, or marketing authorisation within the meaning of the Marketing Authorisations for Veterinary Medicinal Products Regulations 1994 has been granted;
“suspected adverse reaction” means —
a reaction in an animal treated with a product during a test which is suspected to have been caused by the product, and which has resulted in harm to the animal, or
a suspected lack of efficacy of a product in an animal so treated; and
“test” means a medicinal test on animals the subject of a certificate or of an application for the grant thereof.
2
Any reference in these Regulations to a numbered regulation or Schedule shall, unless the context otherwise requires, be construed as a reference to the regulation or Schedule bearing that number in these Regulations.
Applications for certificates
3
1
An application for a certificate shall be made to the licensing authority in writing in the English language and be signed by the applicant.
2
A separate application shall be made in respect of each product, except that one application may be made in respect of more than one product if —
a
those products are to be administered in the same test, or
b
they have the same pharmaceutical form and contain the same active ingredient or ingredients which differ only as to their strengths, or
c
they are preparations of allergen extracts for the treatment of allergies, and they consist of two or more dilutions of the same allergen extract or of the same mixture of allergen extracts, or
d
they are products for testing for allergic responses to specific substances, and they consist of two or more allergen extracts manufactured by the same method, and the application states the substances from which the extracts are prepared.
3
The applicant shall supply four copies of the application, in a bound form, with the pages of each copy serially numbered.
4
The application shall contain the particulars specified in Schedule 1.
Renewal of certificates
4
1
An application for renewal of a certificate shall be made to the licensing authority in writing in the English language and be signed by the applicant.
2
The applicant shall supply four copies of the application.
3
Every renewal application shall contain particulars of —
a
the holder of the certificate,
b
the product to which the certificate relates,
c
the certificate held, together with details of any variation thereof and any notification given in accordance with the provisions of the certificate, since the issue of the certificate, or, if it has been renewed, since its last renewal,
d
any proposed alterations to the approved dossier in respect of which a provision of the certificate requires an application for variation,
e
a summary of all suspected adverse reactions occurring during the test, and
f
the reason why the renewal is needed, including up to date particulars of the progress of tests already conducted.
4
In the case of an application for the renewal of a certificate issued in respect of an application made in accordance with the Medicines (Applications for Product Licences and Clinical Trial and Animal Test Certificates) Regulations 1971 , the application shall also contain any of the particulars specified in Schedule 1 which have not been submitted before, and particulars of the current labelling, and any leaflet or package insert used for the product.
Standard provisions for certificates
5
1
The standard provisions for certificates for the purposes of Part II of the Act shall be the provisions set out in Schedule 2.
2
The standard provisions for certificates prescribed by regulation 3(3) of and Part III of Schedule 1 to the Medicines (Standard Provisions for Licences and Certificates) Regulations 1971 shall be superseded by the preceding paragraph except in relation to a certificate issued in respect of an application made in accordance with the Medicines (Applications for Product Licences and Clinical Trial and Animal Test Certificates) Regulations 1971.
Revocations
6
The Regulations listed in the first and second columns of Schedule 3 are hereby revoked to the extent specified in the third column of that Schedule.
Signed by authority of the Secretary of State for Health
Gerald Malone
Minister of State,
Department of Health
16th August 1996
Signed by authority of the Secretary of State for Wales
Jonothan Evans
Parliamentary Under Secretary of State,
Welsh Office
21st August 1996
Lindsay
Parliamentary Under Secretary of State,
Scottish Office
12th August 1996
Tony Baldry
Minister of State,
Ministry of Agriculture,
Fisheries and Food
7th August 1996
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland this 15th day of August 1996
F A Elliott
Permanent Secretary
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland this 20th day of August 1996
J Murray
Permanent Secretary


text:
Title and commencement
1
This Scheme may be cited as the Fishing Vessels (Decommissioning) Scheme 1996 and shall come into force on 9th May 1996.
Interpretation
2
1
In this Scheme, unless the context otherwise requires —
“ the Act ” means the Fisheries Act 1981;
“application” means an application for grant and “applicant” shall be construed accordingly;
“the appropriate closing date” has the meaning assigned to it in paragraph 4(3);
“the appropriate decommissioning date” has the meaning assigned to it in paragraph 7(3);
“authorised officer” means any officer authorised in writing by the Ministers for the purposes of this Scheme;
“breadth”, in relation to a vessel, means the breadth calculated and measured in accordance with the rules specified in Article 3 of Council Regulation ( EEC ) No. 2930/86 defining characteristics for vessels as amended ;
“capacity units”, in relation to a vessel, means —
( L × B ) + ( 0.45 × P )
where:
L is the length of the vessel,
B is the breadth of the vessel, and
P is the engine power of the vessel expressed in kilowatts;
“ the Commission ” means the Commission of the European Communities;
“the Community waters” means the sea falling under the sovereignty or within the jurisdiction of the member States;
“day” means all or any part of a period of 24 consecutive hours beginning at midnight;
“decommissioning” has the meaning assigned to it in paragraph 8(4) and “decommission”, “decommissioned” and “decommissioning grant” shall be construed accordingly;
“E.C. Treaty” means the Treaty establishing the European Community;
“fishing trips” means time spent by a vessel —
engaged in fishing for profit;
steaming between port and fishing ground and between one fishing ground and another,
and for this purpose “fishing for profit” means fishing with a view to securing a financial return deriving from sale of the sea fish landed;
“grant” means decommissioning grant under this Scheme;
“length”, in relation to a vessel, except in the case of paragraph 3(1)(e), means the length calculated and measured in accordance with the rules specified in Article 2(1) of Council Regulation (EEC) No. 2930/86 ;
“the Ministers” means the Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with the sea fish industry in Scotland, Wales and Northern Ireland;
“the register” means the register of vessels established under section 1 of the Merchant Shipping (Registration, etc. ) Act 1993 and references to “registered” shall be construed accordingly;
“relevant conditions” means any conditions relating to the approval of an application which have been notified to the applicant under paragraph 6(3)(b);
“sea fish” has the same meaning as in Part II of the Act .
2
Any reference in this Scheme to a numbered paragraph shall, unless the context otherwise requires, be construed as a reference to the paragraph bearing that number in this Scheme.
3
Any payment of grant made under this Scheme by the Ministers may be made by any of them and any reference in this Scheme to such a payment shall be construed accordingly.
Decommissioning grants
3
1
Any person who owns a registered vessel —
a
which is over 10 metres in length,
b
in respect of which there is a licence which authorises fishing in all or any part of the Community waters,
c
which whilst registered as a United Kingdom vessel has, during each of the calendar years 1994 and 1995, spent at least the appropriate number of days at sea on fishing trips,
d
which is at least 10 years old at the date of the application, and
e
which, in the case of a vessel over 12 metres in registered length had, on the date of application, either a valid vessel certificate under the provisions of the Fishing Vessels (Safety Provisions) Rules 1975 or a letter confirming the completion of a satisfactory survey issued by the Secretary of State for Transport,
may make an application to the Ministers in respect of that vessel.
2
The Ministers shall publish a notice specifying the appropriate number of days in such manner as they consider appropriate.
3
Notwithstanding sub-paragraph (1) above, the Ministers may reject an application in respect of a vessel which in their opinion is not fit for undertaking fishing trips.
4
Notwithstanding sub-paragraph (1) above, no person may make an application in respect of any fishing vessel in respect of which an application was approved by the Ministers under the Fishing Vessels (Decommissioning) Scheme 1995 but which was not decommissioned in accordance with that scheme.
5
In this paragraph —
“the appropriate number of days” means such number of days as the Ministers may from time to time determine;
“licence” means one or more licences granted in respect of a vessel under section 4 of the Sea Fish (Conservation) Act 1967 .
Applications
4
1
The Ministers may from time to time invite applications.
2
Without prejudice to the other provisions of this Scheme, an application must be lodged with the Ministers on or before the appropriate closing date in order to be considered for approval under this Scheme.
3
In this Scheme “the appropriate closing date” means such date as the Ministers may from time to time determine.
4
The Ministers shall publish in such manner as they consider appropriate a notice inviting applications and specifying the appropriate closing date.
5
An application made in pursuance of a notice published under sub-paragraph (4) above shall be in writing, shall be made in such form and manner, shall include such information and undertakings and shall be delivered to such address as the Ministers may specify in the notice or from time to time require.
6
An applicant shall furnish all such further information relating to the application as the Ministers may specify in the notice or from time to time require.
7
An application shall be in respect of one vessel only and shall include a bid stating the amount of grant for which the applicant offers to —
a
decommission the vessel,
b
surrender all licences and claims to licences in respect of the vessel in accordance with the requirements of paragraph 9(1)(a), and
c
remove the vessel from the register.
8
No more than one application in pursuance of a notice published under sub- paragraph (4) above may be made in respect of any vessel.
9
The foregoing provisions of this paragraph shall apply in respect of any subsequent notices inviting applications.
10
Where an application in respect of a vessel has been approved by the Ministers under paragraph 6, no further application may be made in respect of that vessel.
Consideration of applications
5
1
As soon as reasonably practicable after the appropriate closing date the Ministers shall —
a
identify those applications made in pursuance of that notice which satisfy the foregoing provisions of this Scheme,
b
divide the bid included in each such application by the number of capacity units of the vessel concerned, and
c
place each such application in rank according to the result of the calculation referred to in sub-paragraph (b) above.
2
The Ministers may reject any application if they consider the amount of the bid in the application to be unreasonable, unnecessary or unwarranted.
3
In exercising their powers under sub-paragraph (2) above the Ministers may have regard to —
a
the benefit likely to be derived from, and value for money represented by, the bid;
b
the extent to which approval of the application would contribute towards the objectives of the United Kingdom’s multiannual guidance programme for its fishing fleet as approved in Commission Decision 92/593/EEC on a multiannual guidance programme for the fishing fleet of United Kingdom for the period 1993 to 1996 pursuant to Council Regulation (EEC) No. 4028/86 ;
c
the amount of money available for this Scheme.
4
The Ministers shall reject any application if, as regards the measures to which the application relates, the Commission decides that this Scheme is, or any measures undertaken, or to be undertaken, under this Scheme, are, not compatible with the common market having regard to Article 92 of the E.C. Treaty.
5
The Ministers shall reject any application if they have reasonable grounds for suspecting that there has been any fixing or adjustment of the amount of a bid by, under or in accordance with any agreement (whether legally binding or not) or arrangement with another person.
6
Subject to sub-paragraphs (2) to (5) above and sub-paragraph (7) below, the Ministers shall select applications for approval by proceeding through the rank referred to in sub-paragraph (1)(c) above from the application incorporating the lowest amount bid per capacity unit towards the application incorporating the highest amount bid per capacity unit until the maximum amount of money allocated for the Scheme is reached.
7
Where as a result of the procedure referred to in sub-paragraph (6) above there are two or more identical bids per capacity unit which are higher than the amount of any other bid which has been selected for approval, and there is insufficient money to meet all of them, in deciding which bid or bids to accept the Ministers may take into account the number of days at sea spent on fishing trips by each of the vessels concerned during the calendar years 1994 and 1995, as recorded in the vessel’s logbook, with a view to giving preference to vessels that spent more days at sea in those years.
Approval of applications
6
1
The Ministers shall approve any application which they have selected for approval under paragraph 5.
2
Subject to the provisions of this Scheme, the Ministers may at any time —
a
determine conditions to which an approval given under this paragraph shall be subject, and
b
amend such conditions.
3
The Ministers shall in writing —
a
notify applicants of the result of their applications;
b
notify applicants whose applications they have approved under this paragraph of any conditions which they have determined or amended under sub-paragraph (2) above.
4
The Ministers shall revoke any approval granted under this paragraph, other than any approval in respect of which grant has already been paid, if, as regards the measures to which the approval relates, the Commission decides that this Scheme is, or any measures undertaken, or to be undertaken, under this Scheme, are, not compatible with the common market having regard to Article 92 of the E.C. Treaty.
Eligibility and claims for payment of grant
7
1
Subject to sub-paragraph (2) below and paragraph 17, applicants whose applications have been approved under paragraph 6 shall be eligible for payment of grant in accordance with paragraph 11.
2
No grant shall be paid to an applicant in respect of any vessel unless —
a
a claim form in respect of that application, signed by the applicant, has been lodged with the Ministers on or before the appropriate decommissioning date, and
b
the Ministers are satisfied that the requirements set out in paragraphs 8 and 9 have been complied with.
3
In this Scheme “the appropriate decommissioning date” means such date as the Ministers may from time to time determine.
4
The Ministers shall publish a notice specifying the appropriate decommissioning date in such manner as they consider appropriate.
5
A claim form submitted in pursuance of a notice published under sub-paragraph (4) above shall be in writing, shall be made in such form and manner, shall include such information and declarations and shall be delivered to such address as the Ministers may specify in the notice or from time to time require and (without prejudice to the generality of the foregoing) shall include declarations that —
a
the vessel has been decommissioned in accordance with the requirements of paragraph 8,
b
all licences and claims to licences have been surrendered in accordance with the requirements of paragraph 9(1)(a), and
c
the vessel has been removed from the register.
6
An applicant shall furnish all such further information in support of the claim form as the Ministers may specify in the notice or from time to time require.
Decommissioning of the vessel
8
1
At least two weeks prior to the decommissioning of the vessel the applicant shall notify the Ministers in writing of the intended date and place of decommissioning (which shall be within a member State) and the proposed method of decommissioning.
2
The vessel shall not be decommissioned until the method of decommissioning notified under sub-paragraph (1) above has been approved by the Ministers.
3
The vessel shall be decommissioned —
a
before the appropriate decommissioning date, and
b
in accordance with —
i
the method of decommissioning which has been approved by the Ministers under sub-paragraph (2) above, or
ii
in exceptional circumstances and with the consent of the Ministers (which may be given before or after the decommissioning), any other method of decommissioning which accords with sub-paragraph (4) below.
4
In this Scheme “decommissioning”, in relation to a vessel, means the permanent withdrawal of that vessel from operation within the sea fish industry of the European Community as a result of —
a
permanently breaking up the vessel or otherwise permanently disabling it (but not, in either case, by scuttling) so that it is incapable of use for any seagoing purpose; or
b
permanently placing the vessel with a museum to which sub-paragraph (5) below applies.
5
This sub-paragraph applies to a museum which —
a
is registered with the Museums and Galleries Commission , or
b
has as its purpose or one of its purposes the preservation for the public benefit of a collection of historic, artistic or scientific interest and is wholly or mainly maintained out of moneys provided by Parliament or out of moneys appropriated by Measure of the Northern Ireland Assembly.
Surrender of licences and removal from the register
9
1
The applicant shall before the appropriate decommissioning date —
a
surrender the licence referred to in paragraph 3(1)(b), and all current licences in respect of the vessel granted whether under section 4 of the Sea Fish (Conservation) Act 1967 or otherwise, and any claims to any new licences arising from such licences, to the person who granted such licences and in the case of any licences granted by a person other than by the Ministers furnish to the Ministers evidence that all such licences have been so surrendered;
b
take all necessary steps to ensure that the vessel is removed from the register and furnish to the Ministers evidence that it has been so removed.
2
In sub-paragraph (1)(a) above “licences”, in relation to licences granted otherwise than under section 4 of the Sea Fish (Conservation) Act 1967, includes any written authorisation, consent or permit.
Substantial damage or destruction of vessel
10
1
Where any vessel to which an application which has been approved under paragraph 6 relates is substantially damaged or destroyed —
a
the applicant shall forthwith in writing notify and provide full details to the Ministers of the damage or destruction;
b
the applicant shall with the notice referred to in paragraph (a) above furnish the Ministers with information concerning —
i
any policy of insurance in respect of the vessel which was in force at the time of, and
ii
any criminal or civil proceedings which to his knowledge are contemplated or in progress in respect of,
the incident;
c
the applicant shall provide the Ministers with such further information as they may require concerning the incident, the insurance arrangements relating to the vessel and any such criminal or civil proceedings;
d
the applicant shall if requested by the Ministers provide them with written authority authorising contact with the insurers of the vessel;
e
the applicant shall notify the Ministers of any amount received under such policy of insurance, or by way of compensation or damages, as a result of the incident.
2
Sub-paragraph (1) above shall apply regardless of whether or not the method of decommissioning the vessel had been approved under paragraph 8(2) before the incident occurred.
3
In this paragraph “incident” means an incident in which the vessel to which an approved application relates is substantially damaged or destroyed.
Amount of grant
11
The amount of grant which applicants who are eligible for payment of grant shall be paid shall be the amount of the bid made by such applicants in their applications.
Method of payment
12
1
Payments by way of grant may be made by the Ministers at such time, or by such instalments at such intervals or times, as they may determine.
2
Subject to sub-paragraph (3) below, the Ministers may decline to make payments of grant to persons other than the applicants.
3
Any assignment (or in Scotland assignation) of or charge on, and any agreement to assign or charge, any benefit payable under this Scheme shall be void.
Undertakings
13
Without prejudice to the generality of paragraph 6(2), any person whose application has been approved under paragraph 6 may be required by the Ministers to provide, or arrange for the provision of, such undertakings as the Ministers may consider appropriate to the case.
Assistance to authorised officers
14
Any applicant or any employee, servant or agent of any applicant shall give to an authorised officer such assistance as he may reasonably request to exercise the power conferred upon him by paragraph 15.
Powers of authorised officers
15
An authorised officer at all reasonable hours and on producing, if required to do so, some duly authenticated document showing his authority, may enter upon and inspect any vessel which is, or which such officer has reasonable cause to believe is, a vessel in respect of which an application has been made for the purpose of ascertaining whether and to what extent —
a
a person is entitled under paragraph 3 to make the application;
b
the application should be selected for approval under paragraph 5;
c
paragraphs 8 to 10 and 14, any relevant conditions and any undertakings given by the applicant have been complied with;
d
the decommissioning of the vessel is being, or has been, actually carried out;
e
any amount of grant is recoverable in accordance with paragraph 17;
f
an offence under section 17 of the Act has been or is being committed.
Protection of officers
16
Any authorised officer shall not be liable in any civil or criminal proceedings for anything done in the purported exercise of the powers conferred on him by virtue of paragraph 15 if the court is satisfied that the act was done in good faith, that there were reasonable grounds for doing it and that it was done with reasonable skill and care.
Reduction, withholding and recovery of grant
17
If at any time after the Ministers have approved an application in respect of any vessel it appears to them that any of the relevant conditions, or any undertakings provided in relation to that vessel under paragraph 13, have been breached or have not been complied with and in particular (without prejudice to the generality of such conditions or undertakings) that —
a
the application or any part of it was not an application which the applicant was entitled under paragraph 3 to make;
b
the applicant or an employee, servant or agent of an applicant —
i
has failed to comply with any requirement imposed by paragraphs 8 to 10 and 14;
ii
has intentionally obstructed any officer in the exercise of his powers under paragraph 15; 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 respect;
c
there has been damage or destruction of the vessel resulting in the payment to any person of any amount under a policy of insurance or by way of compensation or damages (regardless of whether or not the method of decommissioning the vessel had been approved under paragraph 8(2) before such damage or destruction occurred),
they may revoke the approval of such application in whole or in part or may reduce or withhold any grant in respect of the application and, where payment by way of grant has been made, may on demand recover, as a civil debt or, in Scotland, as a debt, an amount equal to the whole or any part of the payment which has been so made.
Tony Baldry
Minister of State, Ministry of Agriculture, Fisheries and Food
1st May 1996
Raymond Robertson
Parliamentary Under Secretary of State,
Scottish Office
1st May 1996
Signed by authority of the Secretary of State for Wales
Rod Richards
Parliamentary Under Secretary of State,
Welsh Office
7th May 1996
Patrick Mayhew
Secretary of State for Northern Ireland
3rd May 1996
We approve,
Simon Burns
Michael Bates
Two of the Lords Commissioners of Her Majesty’s Treasury
7th May 1996


text:
Citation, commencement and duration
1
1
These Regulations may be cited as the Jobseeker’s Allowance (Pilot Scheme) Regulations 1996 and shall come into force on 7th October 1996.
2
These Regulations shall cease to have effect on 4th July 1997.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Jobseekers Act 1995;
“appropriate office” means an office of the Department for Education and Employment which is identified in the Schedule and which a relevant person is required to attend in accordance with (i) a direction given pursuant to regulation 8 of the Claims and Payments Regulations (attendance in person) or (ii) a notice under regulation 23 of the Jobseeker’s Allowance Regulations ;
“benefit” means income support, unemployment benefit or jobseeker’s allowance or any earnings credited to a person in accordance with regulations made under section 22(5) of the Social Security Contributions and Benefits Act 1992 or section 13(4) of the Social Security Act 1975 and “receiving benefit” means receiving benefit which that person has claimed and received as a unemployed person or in accordance with Part I of the Act;
“benefit week” has the meaning prescribed in regulation 1(3) of the Jobseeker’s Allowance Regulations;
“the Claims and Payments Regulations” means the Social Security (Claims and Payments) Regulations 1987 ;
“employment interview” means, in relation to a person who is a relevant person within regulation 3(1)(a), an interview in respect of which he has received written notice, requesting him to report at a specific time, place and date to an employment officer for an interview in connection with his prospects of employment and “first employment interview” means, in relation to such person, the first employment interview attended by him on or after 9th April 1996; and in relation to a person who is a relevant person within regulation 3(1)(b), an interview in respect of which he has received a notice under regulation 23 of the Jobseeker’s Allowance Regulations requiring him to attend an interview to discuss prospects of work and “first employment interview” means the first employment interview attended by such a person on or after 7th October 1996;
“employment officer” means a person who is an employment officer for the purposes of sections 9 and 10 of the Act;
“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 1996 ;
“making a claim for jobseeker’s allowance” includes treated as making a claim for the allowance and treated as having an award of the allowance in accordance with regulation 6 of the Jobseeker’s Allowance (Transitional Provisions) Regulations 1995 .
“Project Work” means the programme provided in pursuance of arrangements made by the Secretary of State under section 2 of the Employment and Training Act 1973 known as Project Work and consisting of a programme of work experience and job search help lasting for any individual for an aggregate of 13 weeks;
“relevant person” means a person to whom regulation 3 applies.
2
In these Regulations, unless the context otherwise requires, a reference
a
to a numbered regulation is to the regulation in these Regulations bearing that number;
b
in a regulation to a numbered paragraph is to the paragraph in that regulation bearing that number; and
c
in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number.
Application
3
These Regulations shall apply to any person who
a
i
receives, or has received, a written request to attend an employment interview to take place on or after 9th April 1996 at an appropriate office and is, or was, aged 18 or over but under 51 as at the date upon which he receives or received that written request; and
ii
is, or was, receiving income support as at the date upon which he receives or received the written request referred to in sub-paragraph (i) and has, or had been, receiving benefit for a period of two years as at that date —
aa
without any period of interruption, or
bb
with a period of interruption which did not exceed 14 days, or
cc
with a number of periods of interruption, none of which exceeded 14 days; and
iii
attends an appropriate office, or is required to attend such an office at any time after 9th April 1996.
b
i
receives, or has received, a notice under regulation 23 of the Jobseeker’s Allowance Regulations requiring him to attend an employment interview to take place on or after 7th October 1996 at an appropriate office and is, or was, aged 18 or over but under 51 as at the date upon which he receives or received that notice and
ii
has made a claim for jobseeker’s allowance as at the date upon which he receives or received the notice referred to in sub-paragraph (i) and has, or had been, receiving benefit for a period of two years as at that date —
aa
without any period of interruption, or
bb
with a period of interruption which did not exceed 14 days, or
cc
with a number of periods of interruption, none of which exceeded 14 days, and
iii
attends an appropriate office, or is required to attend such an office at any time during the period these Regulations are in force.
Sanction
4
1
In relation to a person to whom paragraph (2) applies, “employment programme” in section 19 of the Act means, in addition to the programmes listed in regulation 75 of the Jobseeker’s Allowance Regulations, Project Work.
2
This paragraph applies to any person to whom regulation 3 applies and who
a
has attended at least one employment interview at an appropriate office between 13 and 26 weeks after he attended a first employment interview and
b
at the employment interview other than the first employment interview was given a notice in writing advising him that if he failed to participate in Project Work his benefit could cease to be payable or could be payable at a lower rate.
3
In relation to a person to whom paragraph (4) applies, “employment programme” in section 19 of the Act means any of the programmes listed in regulation 75 of the Jobseeker’s Allowance Regulations except the programme known as 1 — 2 — 1.
4
This paragraph applies to any person to whom regulation 3 applies to whom paragraph (2) does not apply but who has attended a first employment interview at an appropriate office.
Good Cause
5
Without prejudice to any other circumstances in which a person may be regarded as having good cause for any act or omission for the purposes of section 19(5)(b) of the Act, and in addition to the circumstances listed in regulation 73 of the Jobseeker’s Allowance Regulations, a person to whom these Regulations apply is to be regarded as having good cause for any act or omission for the purposes of section 19(5)(b) where
a
there is no place available for him on Project Work or
b
he has already participated in Project Work for one continuous period of 13 weeks or two or more periods amounting in total to 13 weeks.
Transitional arrangements
6
1
If on or before 6th October 1996 a determination had been made that a person was not to be treated as available for employment for the purpose of entitlement to income support in accordance with the Income Support (Pilot Scheme) Regulations 1996 , an award of income-based jobseeker’s allowance which would otherwise have effect in accordance with regulation 6 of the Jobseeker’s Allowance (Transitional Provisions) Regulations 1995 shall not be payable to him for the balance of the period determined in accordance with regulation 5(5) of the Income Support (Pilot Scheme) Regulations 1996 unless he was on 6th October 1996 entitled to income support at a rate reduced in accordance with regulation 22 of the Income Support (General) Regulations 1987 , in which case it shall be payable to him for the balance of that period at a rate equivalent to that which he was receiving on 6th October 1996 as income support.
2
In relation to a person to whom regulation 4(2) applies, regulation 69(a)(ii) of the Jobseeker’s Allowance Regulations shall read as if after the words “that subsection” there were inserted the words “or a determination has been made that a person was not to be treated as available for employment for the purpose of entitlement to income support in accordance with the Income Support (Pilot Scheme) Regulations 1996” ( S.I. 1996/1252 ).
Eric Forth
Minister of State,
Department for Education and Employment
13th May 1996


text:
1
This Order may be cited as the Trustee Investments (Division of Trust Fund) Order 1996 and shall come into force on the tenth day after the day on which it is approved by resolution of each House of Parliament.
2
It is hereby directed that, subject to section 4(3) of the Trustee Investments Act 1961, any division of a trust fund made in pursuance of section 2(1) of that Act shall be made so that the value of the wider-range part at the time of the division bears to the then value of the narrower-range part the proportion of three to one.
Derek Conway
Simon Burns
Two of the Lord Commissioners of Her Majesty’s Treasury
18 March 1996


text:
1
1
This Order may be cited as the Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) (Amendment) Order 1996 and shall come into force on 1st January 1997.
2
In this Order “the principal Order ” means —
a
in relation to England and Wales, the Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) Order 1991 ; and
b
in relation to Northern Ireland, the Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) (Northern Ireland) Order 1991 .
2
In article 12(1)(e) of the principal Order, after the word “made” there shall be inserted the words “or to be made”.
3
Schedule 1 to the principal Order (which defines the institution of proceedings for the purposes of article 2(5) of that Order) shall be amended as follows —
a
after the entry relating to Bermuda there shall be inserted the following —
Bolivia when a warrant is issued by a competent judge or an order to institute proceedings, containing the preventive annotation of property liable to registration or the bank deposit of the monies, assets and property of the accused;
b
after the entry relating to the Cayman Islands, there shall be inserted the following —
Chile when an application for a decision from the competent judicial authority is made”;
c
after the entry relating to Gibraltar, there shall be inserted the following —
Grenada
a
when an information is laid before a justice of the peace;
b
when a person is charged with an offence;
c
when a bill of indictment is preferred;
d
after the entry relating to Panama, there shall be inserted the following —
Paraguay when a judge orders the restraint of property and a preventative detention order is made
Romania
a
when the start of a penal pursuit is ordered;
b
when penal proceedings start in respect of an offender;
e
after the entry relating to Switzerland, there shall be inserted the following —
Thailand when a court or the Asset Examination Committee issues a restraint order Ukraine when a criminal case is brought;
f
the entry relating to United Mexican States shall be deleted and replaced by the following —
United Mexican States
a
when criminal proceedings are instituted by a judicial authority;
b
when the Ministerio Publico has established that there is probable cause to suspect that a person has committed an offence.
4
Schedule 2 to the principal Order shall be amended as follows:
a
there shall be inserted at the appropriate places in alphabetical order, the entries for the countries and territories specified in Schedule 1 to this Order (including, in the case of Thailand, the appropriate authority specified);
b
the entries for Macedonia and Yugoslavia shall be deleted; and
c
in respect of the countries and territories listed in Schedule 2 to this Order (being countries and territories already designated under Schedule 2 to the principal Order) there shall be inserted, opposite the entries in Schedule 2 to the principal Order the appropriate authorities specified in Schedule 2 to this Order.
5
Schedule 3 to the principal Order shall be amended by the insertion at the appropriate places in alphabetical order of the entries for the countries and territories specified in Schedule 3 to this Order (including where so specified the appropriate authority for a country or territory).
N. H. Nicholls
Clerk of the Privy Council


text:
1
These Regulations may be cited as the Income Tax (Interest Relief) (Amendment) Regulations 1996 and shall come into force on 20th May 1996.
2
The Income Tax (Interest Relief) Regulations 1982 shall be amended in accordance with regulations 3 and 4.
3
1
This regulation applies in any case where an assessment —
a
is made on or after the date on which these Regulations come into force, and
b
is for the year 1996 – 97 or any subsequent year of assessment.
2
For paragraph (3) of regulation 8B there shall be substituted the following paragraph —
3
The Taxes Management Act 1970 shall apply to an assessment under paragraph (2) as if it were an assessment to income tax for the year of assessment for which the payment was made.
4
1
This regulation applies in any case where an assessment —
a
is made on or after 6th April 1998, and
b
is for the year 1995 – 96 or any earlier year of assessment.
2
For paragraph (3) of regulation 8B there shall be substituted the following paragraph —
3
The Taxes Management Act 1970 shall apply to an assessment under paragraph (2) as if it were an assessment to income tax for the year of assessment for which the payment was made and as if the assessment were among those specified in section 55(1) of that Act (recovery of tax not postponed) .
S C T Matheson
C W Corlett
Two of the Commissioners of Inland Revenue
29th April 1996