type: legislation

jurisdiction: UK

text:
Title, extent and commencement
1
These Regulations may be cited as the Suckler Cow Premium (Amendment) Regulations 1996, shall extend to Great Britain and shall come into force on 1st July 1996.
Amendment to the Suckler Cow Premium Regulations 1993
2
The Suckler Cow Premium Regulations 1993 shall be amended by the substitution (in paragraph (1) of regulation 3 (applications)) of “6th December” for “8th December”.
Tony Baldry
Minister of State, Ministry of Agriculture, Fisheries and Food
30th May 1996
Lindsay
Parliamentary Under Secretary of State, Scottish Office
29th May 1996


text:
Citation and commencement
1
These Regulations may be cited as the Local Government Changes for England (Council Tax) (Transitional Reduction) (Amendment) Regulations 1996 and shall come into force on 23rd February 1996.
Deductible amount
2
Schedule 2 to the Local Government Changes for England (Council Tax) (Transitional Reduction) Regulations 1996 shall be amended as follows —
a
in paragraph 1 after the words “deductible amount” there shall be inserted the words “in a case where section 11 of the 1992 Act (discounts) does not apply”,
b
the following shall be inserted after paragraph 1 —
1A
Subject to paragraph 2 below, the deductible amount in a case where section 11 of the 1992 Act applies is calculated by applying the following formula —
( C - U ) × V × ( 1 - Z ) W =X
where —
C, U, V, W and X have the same meanings as in paragraph 1 above, and
Z is the appropriate percentage for the purposes of section 11(1) of the 1992 Act, expressed as a fraction, or, in a case to which subsection (2) of that section applies, twice the appropriate percentage, expressed as a fraction.
, and
c
in paragraph 2 for “paragraph 1 above,” there shall be substituted “paragraphs 1 or 1A above, as the case may be,”.
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,
Department of the Environment
19th February 1996


text:
Citation and commencement
1
This Order may be cited as the Crown Office (Forms and Proclamations Rules) (Amendment) Order 1996 and shall come into force on 1st April 1996
Amendments to the Crown Office (Forms and Proclamations Rules) Order 1992
2
Form A in Part II of the Schedule to the Crown Office (Forms and Proclamations Rules) Order 1992 shall be amended as follows:–
a
in the heading, for “Counties of England and Wales” there shall be substituted “England (outside London) and Wales”;
b
for “Our County of” there shall be substituted “the commission area of”;
c
for “Our said county”,wherever it occurs, there shall be substituted “the said commission area”
N. H. Nicholls
Clerk of the Privy Council


text:
1
This Order may be cited as The A501 Trunk Road (Marylebone Road/Upper Harley Street, Westminster) (Temporary Prohibition of Turns) Traffic Order 1996 and shall come into force on the 19th August 1996.
2
This Order is made because the Traffic Director for London is satisfied that traffic in Marylebone Road at its junction with Upper Harley Street should be prohibited because works are being or are proposed to be executed on or near that road.
3
During the period starting at 00.01 hours on 19th August 1996 and ending at 23:59 hours on 19th November 1996 or when those works have been completed, whichever is the sooner, subject to the provisions of article 4 below:
a
no person shall cause or permit any vehicle on reaching Marylebone Road from Upper Harley Street —
i
to turn right into Marylebone Road;
ii
to proceed ahead into Harley Street;
b
no person shall cause or permit any vehicle proceeding in Marylebone Road —
i
to turn left into Upper Harley Street;
ii
to turn right into Upper Harley Street.
4
1
The provisions of article 3 above shall apply only during such times and to such extent as may from time to time be indicated by traffic signs.
2
The provisions specified in article 3 above shall not apply in respect of —
i
any vehicle being used for the purpose of those works, or for fire brigade, ambulance or police purpose, or
ii
anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
5
During the period specified in article 3 above, the provisions of the City of Westminster (Prescribed Routes) ( No. 10) Traffic Order 1984 is hereby suspended so far as they relate to movements at the junction of Marylebone Road and Upper Harley Street.
Signed in accordance with a direction from the Secretary of State for Transport
Derek Turner
Traffic Director for London
19th August 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Leeds Community and Mental Health Services Teaching National Health Service Trust (Transfer of Trust Property) Order 1996 and shall come into force on 12th December 1996.
2
In this Order —
“the first Trust” means the Wakefield and Pontefract Community Health National Health Service Trust;
“the second Trust” means the Leeds Community and Mental Health Services Teaching National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the first Trust and the second Trust on 8th July 1996, which schedule has been signed on behalf of both the first Trust and the second Trust.
Transfer of trust property
2
On 12th December 1996 the trust property shall be transferred from the first Trust to the second Trust.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State,
Department of Health
14th November 1996


text:
Citation
1
This Order may be cited as the Buckinghamshire Fire Services (Combination Scheme) Order 1996 and shall come into force on the day after the day on which it is made.
Combination Scheme
2
The combination scheme set out in the Schedule to this Order, which shall be known as the Buckinghamshire Fire Services Combination Scheme, shall have effect.
Blatch
Minister of State
Home Office
19th November 1996


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Contracting-out and Qualifying Earnings Factor) Regulations 1996 and shall come into force on 6th April 1997.
2
In these Regulations, unless the context otherwise requires —
“the Contributions and Benefits Act ” means the Social Security Contributions and Benefits Act 1992 ;
“the Pension Schemes Act ” means the Pension Schemes Act 1993.
Modification of the application of section 44(5) of the Contributions and Benefits Act
2
1
Where, by virtue of subsection (1) of section 48A of the Pension Schemes Act, section 44(6) of the Contributions and Benefits Act has effect for the tax year 1997-98 or any later tax year, in relation to some but not all of the earnings of an earner, the application of section 44(5) of the Contributions and Benefits Act is modified for that year in accordance with this regulation.
2
In a case where the year is one in which the amount of a Class 1 contribution in respect of the earnings paid to or for the benefit of an earner in a tax week is reduced under sections 41 or 42A of the Pension Schemes Act (reduced rates of Class 1 contributions for earners in contracted-out employment) section 44(5) of the Contributions and Benefits Act is modified so that the qualifying earnings factor for the purposes of section 44(5)(a) of that Act shall be calculated by applying the formula —
L × ( 52 - N )
where —
L is the weekly lower earnings limit for the final relevant year; and
N is the number of tax weeks in which a Class 1 contribution for the earner is reduced in accordance with sections 41 or 42A of the Pension Schemes Act.
3
In a case where the year is one in which an amount is paid in respect of an earner under section 45(1) of the Pension Schemes Act (minimum contributions towards appropriate personal pension schemes) section 44(5) of the Contributions and Benefits Act is modified so that the qualifying earnings factor for the purposes of section 44(5)(a) of that Act shall be zero.
Signed by authority of the Secretary of State for Social Security.
A. J. B. Mitchell
Parliamentary Under-Secretary of State,
Department of Social Security
26th September 1996


text:
Citation and commencement
1
These Regulations may be cited as the Manufactured Overseas Dividends (French Indemnity Payments) Regulations 1996 and shall come into force on 1st August 1996.
Interpretation
2
1
In these Regulations —
“French equities” means shares of any company resident in France;
“French indemnity payment” means a payment, representative of a dividend on French equities, that a party to a transaction for the sale of those equities is required, under the rules of the Society of French Stock Exchanges, to make to the other party to that transaction;
“manufactured overseas dividend” shall be construed in accordance with paragraph 4(1) of Schedule 23A;
“Schedule 23A” means Schedule 23A to the Taxes Act ;
“the Tax Acts” has the meaning given by section 831(2) of the Taxes Act;
“the Taxes Act” means the Income and Corporation Taxes Act 1988.
2
References in these Regulations to “the dividend concerned” are references to the dividend of which a French indemnity payment is representative.
3
References in these Regulations to “the sale and repurchase of French equities” shall be construed in accordance with section 730A of the Taxes Act (read with the modifications to that enactment made in relation to the redemption and substitution of securities by regulations 3 and 5 of the Sale and Repurchase of Securities (Modification of Enactments) Regulations 1995 ).
Tax treatment of French indemnity payments
3
1
This regulation applies where a person makes or receives a payment of a manufactured overseas dividend that is a French indemnity payment, other than a payment which arises from an arrangement for the sale and repurchase of French equities.
2
For the purposes of the Tax Acts —
a
paragraphs 4 and 5 of Schedule 23A shall not apply in relation to the indemnity payment, but where the maker of the payment receives the dividend concerned, he (and no other person) shall be chargeable to tax in respect of that dividend;
b
subject to paragraph (3) —
i
relief by way of deduction in computing profits or gains, or deduction or set off against income or total profits, shall not be given under any provision of the Tax Acts in respect of the indemnity payment to the maker of the payment, and
ii
the indemnity payment shall not be chargeable to tax.
3
For the purposes of the Tax Acts and the Taxation of Chargeable Gains Act 1992 the amount paid or payable in respect of the sale of the French equities to which the dividend concerned relates shall, as respects both the seller and the purchaser of those equities, be taken as reduced by the amount of the indemnity payment.
4
Any entitlement to relief under Part XVIII of the Taxes Act (double taxation relief) in respect of the indemnity payment shall be extinguished.
4
1
This regulation applies where a person makes or receives a payment of a manufactured overseas dividend that is a French indemnity payment arising from an arrangement for the sale and repurchase of French equities.
2
For the purposes of the Tax Acts —
a
paragraphs 4 and 5 of Schedule 23A shall not apply in relation to the indemnity payment, but where the maker of the payment receives the dividend concerned, he (and no other person) shall be chargeable to tax in respect of that dividend;
b
the indemnity payment shall be treated as an annual payment, within section 349(1) of the Taxes Act , but so that no amount is required to be deducted on account of income tax from the amount of the payment, or accounted for under section 350 of that Act ;
c
in relation to a recipient of the indemnity payment, or a person claiming title to it through or under him, who is resident in the United Kingdom or, if not so resident, is carrying on business through a branch or agency in the United Kingdom, the payment shall be treated as if it were an overseas dividend of an amount equal to the amount of the payment, but without prejudice to paragraph (3).
3
Any entitlement to relief under Part XVIII of the Taxes Act in respect of the indemnity payment shall be extinguished.
Simon Burns
Liam Fox
Two of the Lords Commissioners of Her Majesty’s Treasury
12th July 1996


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Grants for Education Support and Training) (England) Regulations 1996 and shall come into force on 1st April 1996.
2
These Regulations apply in relation to local education authorities in England.
Interpretation
2
In these Regulations —
“ the Act ” means the Education (Grants and Awards) Act 1984;
“approved expenditure” means any expenditure which is approved as provided in regulation 3 below;
“basic curriculum” has the meaning assigned to it by section 2(1) of the Education Reform Act 1988;
“classroom assistant” means an employee of an education authority or of the governing body of a school who is normally present in a classroom with a qualified teacher and who assists the teacher in the delivery of the curriculum in the school;
“determine” means determine by notice in writing;
“education authority” means a local education authority;
“financial year” means a period of twelve months ending with 31st March;
“grant” means a grant in pursuance of these Regulations;
“key stage 2” means the second key stage referred to in section 3(3) of the Education Reform Act 1988;
“language college” means a maintained school specialising in modern foreign languages;
“leisure time facilities” means facilities of a kind which education authorities are under the duty imposed by sections 41(3)(b) and 53(1) of the Education Act 1944 to secure are provided within their areas;
“maintained school” means a school maintained by an education authority;
“non-maintained special school” means a special school which is neither a maintained school nor a grant-maintained special school (within the meaning of section 182(3) or 187(3)(b) of the Education Act 1993);
“NC tasks” has the meaning assigned to that expression in the Education (National Curriculum) (Assessment Arrangements for the Core Subjects) (Key Stage 2) (England) Order 1995 and the Education (National Curriculum) (Assessment Arrangements for the Core Subjects) (Key Stage 3) (England) Order 1995;
“prescribed expenditure” means expenditure by an education authority for or in connection with any of the purposes specified in the Schedule hereto;
“primary school” has the meaning assigned to it by section 114 of the Education Act 1944;
“pupil” has the meaning assigned to it by section 14(6) of the Further and Higher Education Act 1992;
“qualified teacher” means a person who, by virtue of the regulations relating to the employment of teachers from time to time in force under section 218 of the Education Reform Act 1988 , is qualified to be employed as a teacher at a school of the kind described in subsection (12) of that section;
“school” has the meaning assigned to it by section 14(5) of the Further and Higher Education Act 1992;
“special school” has the meaning assigned to it by section 182(1) of the Education Act 1993;
“special support assistant” means a person who is normally present in a classroom with a qualified teacher and who assists the teacher in providing special education to children with special educational needs;
“special educational needs” has the meaning assigned to it by section 156(1) of the Education Act 1993;
“specialist teacher assistant” means an employee of an education authority or of the governing body of a maintained school or non-maintained special school who is normally present in a classroom with a qualified teacher and who assists the teacher in the delivery of the curriculum in the school;
“standard task assessment” has the meaning assigned to it by regulation 5 of the Education (National Curriculum) (Assessment Arrangements for the Core Subjects) (Key Stage 1) Order 1995 and “further assessment” means the assessment described in regulation 7 of that Order;
“technology college” means a maintained school specialising in mathematics, science and technology; and
“youth and community worker” means a person employed in connection with leisure time facilities, other than a person employed in a solely administrative, secretarial, clerical or manual capacity.
Expenditure in respect of which grants are payable
3
Grants shall only be payable in respect of prescribed expenditure incurred or to be incurred in a financial year to the extent to which that expenditure is approved for that year by the Secretary of State for the purposes of these Regulations.
Grants in respect of payments to third parties
4
Where —
a
an education authority incurs expenditure in making payments, whether by way of maintenance, assistance or otherwise, to any other body or persons (including another education authority) who incur expenditure for or in connection with educational purposes, and
b
that expenditure of the recipient or the payments or any part thereof would be prescribed expenditure if it were expenditure of the authority,
such payments shall to that extent be treated as prescribed expenditure for the purposes of these Regulations.
Rate of Grant
5
1
Subject to paragraph (2) below, grants in respect of approved expenditure incurred on or after 1st April 1996 shall be payable at the rate of 60 per cent of such expenditure.
2
Grants in respect of approved expenditure incurred by an education authority on or after 1st April 1996 in respect of items 14, 15(a) and 16 in the Schedule hereto shall be payable at the rate of 100 per cent of such expenditure.
Conditions for payment of grant
6
1
No payment of grant shall be made except in response to an application in writing from an education authority to the Secretary of State, authenticated by the officer of the authority responsible for the administration of their financial affairs or his deputy.
2
Applications for the payment of grant which relate to expenditure incurred on or after 1st April 1996 shall relate to expenditure over one or more of the periods specified in paragraph (3) below and shall specify the approved expenditure in respect of which grant is applied for which has been or which it is estimated will be incurred by the education authority during each such period.
3
The periods referred to in paragraphs (2), (4), (5) and (6) of this regulation are —
a
1st April to 31st July;
b
1st August to 31st December;
c
1st January to 31st March.
4
Where an application relating to approved expenditure which has been or which it is estimated will be incurred during the period commencing on 1st January in any year is submitted under paragraph (1) above, such payment as the Secretary of State may determine but not exceeding three-quarters of that grant applied for in respect of that expenditure may be made forthwith, but no further payment of grant shall be made in respect of that expenditure until a statement has been submitted in accordance with paragraph (5)(a) below.
5
Each education authority that has received or seeks to receive a payment of grant in respect of expenditure incurred during any financial year shall, before 31st July in the following financial year or as soon as practicable after that date —
a
submit to the Secretary of State a statement which shall specify the approved expenditure in respect of which grant has been or is being applied for which has been incurred by the education authority during that year; and
b
secure the submission to the Secretary of State of a certificate signed by the auditor appointed by the Audit Commission for Local Authorities and the National Health Service in England and Wales to audit the accounts of the authority or any auditor qualified for such appointment by virtue of section 13(5), (5A) and (6) of the Local Government Finance Act 1982 certifying that in his opinion the particulars stated in the statement submitted by the authority pursuant to this paragraph are fairly stated and that the expenditure incurred was approved for the purposes of section 1 of the Act.
6
No payment of grant shall be made in respect of expenditure incurred by an education authority in the period beginning on 1st August in any year or any subsequent period if grant was paid to the authority in respect of expenditure in the previous financial year but the Secretary of State has not yet received the auditor’s certificate referred to in paragraph (5)(b) above for that year.
7
Any under-payment or over-payment of grant which remains outstanding following receipt of the auditor’s certificate referred to in paragraph (5)(b) above shall, without prejudice to the recovery of any over-payment from any subsequent payment of grant to the education authority, be adjusted by payment between the authority and the Secretary of State.
7
Where at the time of approving expenditure for the purpose of these Regulations, the Secretary of State requests information in respect of any purpose listed in the Schedule hereto, payment of grant in respect of that purpose shall be conditional on that information being included in the education authority’s application for payment of grant.
8
1
The Secretary of State may from time to time determine further conditions on the fulfilment of which the making of any payment in pursuance of these Regulations shall be dependent.
2
Where conditions have been determined in pursuance of this regulation no grant shall be payable unless such conditions have either been fulfilled or been withdrawn in pursuance of paragraph (3) below.
3
The Secretary of State may determine to withdraw or, after consulting the education authority, very conditions determined in pursuance of this regulation.
Requirements to be complied with
9
Any education authority to whom a payment of grant has been made shall, if so required by the Secretary of State, furnish her with such further information as may be required to enable her to verify that any grant paid has been properly paid under these Regulations.
10
1
Any education authority to whom a payment of grant has been made shall comply with such requirements as may be determined by the Secretary of State in the case in question.
2
Requirements determined under this regulation may include requirements as to —
a
the repayment of grant;
b
the payment to the Secretary of State of other sums related to the value of assets acquired, provided or improved —
i
with the aid of grant; or
ii
by any other body or persons referred to in regulation 4(a) above with the aid of payments made by the authority in respect of which grant has been paid; or
c
the payment of interest on sums due to the Secretary of State.
11
1
The Secretary of State may require any education authority to whom a payment of grant in respect of item 1, 2(b), 3(b), 5, 8, 13(a) or 14 in the Schedule is made to delegate decisions about the spending of —
a
such grant, and
b
the amount allocated by the authority to meet the prescribed expenditure approved in accordance with regulation 3,
to the governing body of a maintained school.
2
The Secretary of State may determine to withdraw or, after consulting the education authority, vary requirements determined in pursuance of this regulation.
Revocation and transitional provisions
12
The Education (Grants for Education Support and Training) (England) Regulations 1995 and the Education (Grants for Education Support and Training) (England) (Amendment) Regulations 1995 are hereby revoked but nothing in this regulation shall prevent the Secretary of State making payments of grant authorised by those Regulations in respect of expenditure incurred on or before 31st March 1996 or affect any condition or requirement determined by or in accordance with any of the Regulations so revoked.


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Community Health Services, Southern Derbyshire National Health Service Trust (Transfer of Trust Property) Order 1996 and shall come into force on 8th October 1996.
2
In this Order —
“the Authority” means the Southern Derbyshire Health Authority established on 1st April 1996 ;
“the Trust” means the Community Health Services, Southern Derbyshire National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 20th May 1996, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 8th October 1996 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under-Secretary of State,
Department of Health
10th September 1996


text:
Title and commencement
1
These Regulations may be cited as the Fertilisers (Mammalian Meat and Bone Meal) Regulations 1996 and shall come into force on 19th April 1996.
Interpretation
2
In these Regulations, unless the context otherwise requires —
“agricultural land” means land used or capable of use for the purposes of a trade or business in connection with agriculture;
“agriculture” includes fruit growing, seed growing, dairy farming and livestock breeding and keeping, the use of land as grazing land, meadow land, osier land, the use of land for woodlands, and horticulture (except the propagation of plants and the growing of plants within greenhouses and glass or plastic structures); and
“mammalian meat and bone meal” means proteinaceous material derived from the whole or part of any dead mammal by a process of crushing, cooking and grinding.
Prohibition of mammalian meat and bone meal as or in fertiliser on agricultural land
3
1
No person shall sell, or have in possession with a view to sale, for use as a fertiliser on agricultural land any mammalian meat and bone meal or material derived from or containing mammalian meat and bone meal.
2
No person shall use on agricultural land as a fertiliser any mammalian meat and bone meal or any material derived from or containing mammalian meat and bone meal.
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
18th April 1996
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State,
Welsh Office
18th April 1996
Lindsay
Parliamentary Under Secretary of State,
Scottish Office
18th April 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Local Government (Changes for the Registration Service in Bedfordshire, Buckinghamshire, Derbyshire, Dorset, Durham, East Sussex, Hampshire, Leicestershire, Staffordshire and Wiltshire) Order 1996 and shall come into force on 8th January 1997.
2
In this Order,
“the 1949 Act ” means the Marriage Act 1949 ;
“the 1953 Act ” means the Registration Service Act 1953 ;
“the 1992 Act ” means the Local Government Act 1992;
“approved registration scheme” means a scheme submitted to the Chancellor of the Exchequer in accordance with article 2 of this Order and approved by the Chancellor of the Exchequer under section 14 of the 1953 Act ;
“district” means a registration district for the purposes of section 5 of the 1953 Act ;
“new authority” means the authorities to which the functions of an old authority are transferred by an order made under section 17 of the 1992 Act, being: Luton Borough Council ; Milton Keynes Borough Council ; Derby City Council ; Bournemouth Borough Council and Poole Borough Council ; Darlington Borough Council ; Brighton and Hove District Council ; Portsmouth City Council and Southampton City Council ; Leicester City Council and Rutland District Council ; Stoke-on-Trent City Council and Thamesdown Borough Council ;
“old authority” means Bedfordshire County Council, Buckinghamshire County Council, Derbyshire County Council, Dorset County Council, Durham County Council, East Sussex County Council, Hampshire County Council, Leicestershire County Council, Staffordshire County Council and Wiltshire County Council, being local authorities from which functions are transferred to a new authority by an Order made under section 17 of the 1992 Act ;
“registration officer” means any superintendent registrar or registrar of births and deaths appointed under section 6(1) of the 1953 Act and any deputy superintendent registrar or deputy registrar of births and deaths appointed under section 8(1) of that Act and “office” shall be construed accordingly; and
“sub-district” means a registration sub-district for the purposes of section 5 of the 1953 Act.
Local Registration Service
2
1
Each new authority shall not later than 15th January 1997 submit to the Chancellor of the Exchequer a scheme for the purposes of section 13 of the 1953 Act, and section 13(2) and (3) (provision to be made by local scheme) and section 14(4) (approval of schemes by the Chancellor of the Exchequer) of the 1953 Act shall apply to any scheme so submitted.
2
If a new authority fails to submit a scheme in accordance with paragraph (1) of this article, the Registrar General may, after consultation with that authority, submit to the Chancellor of the Exchequer a scheme for the purposes of section 13 of the 1953 Act and any scheme so prepared by him, if approved by the Chancellor of the Exchequer, shall have effect as if it were a scheme submitted by the new authority and approved by the Chancellor of the Exchequer.
3
Subject to any further scheme made by a new authority and approved by the Chancellor of the Exchequer under section 14 of the 1953 Act, the approved registration scheme shall have effect for the organisation of the registration service in the area of the authority to which it relates from 1st April 1997.
Transfer of Registration Officers
3
1
This article applies to any registration officer —
a
who immediately before 1st April 1997 holds office in or for a district or sub-district in the area of an old authority under an appointment made by that authority;
b
who would have continued to hold that office after 1st April 1997 but for the transfer of local government functions from that authority to a new authority; and
c
whose name is mentioned in column (1) of the Schedule to this Order.
2
Every registration officer to whom this article applies shall, on 1st April 1997 —
a
be transferred from the old authority mentioned in column (2) of the Schedule to this Order opposite his name to the new authority mentioned in column (3) of that Schedule opposite his name; and
b
if an office is allocated to him in accordance with article 4 of this Order, become the holder of that office as if he had been appointed to it by the new authority.
3
Any provision in this Order for the transfer of a person not engaged whole-time as a registration officer shall apply only to his office as a registration officer.
Allocation of Staff
4
1
Each new authority shall not later than 15th February 1997 submit to the Registrar General proposals for allocating to the posts described in the approved registration scheme for the area of the authority the registration officers who may, pursuant to paragraph (2) of article 3 of this Order, be transferred to the new authority on 1st April 1997.
2
Not later than the day on which proposals under paragraph (1) of this article are submitted to the Registrar General, the new authority shall send a copy of the proposals to every registration officer affected by them and the Registrar General, after considering any representations with respect to the proposals made by any such officer within a period of fourteen days after the submission of the proposals, may approve the proposals with or without modifications.
3
The new authority shall allocate the officers who are transferred to the new authority pursuant to paragraph (2) of article 3 of this Order to the posts described in the approved registration scheme for the area of the authority in accordance with the proposals approved by the Registrar General under paragraph (2) of this article.
4
If any new authority fails to submit proposals in accordance with paragraph (1) of this article, the Registrar General may, after consultation with that authority, and with the registration officers affected, determine the allocation of officers to the posts described in the approved registration scheme for the area of the authority and any allocation so determined shall have effect as if it had been proposed by the new authority and approved by the Registrar General.
Registration Officers to be Treated as Employees for Certain Purposes
5
For the purposes of any Order made under section 23 of the 1992 Act (staff commissions) and regulations 3 (continuity of employment), 4 (transfers of staff) and 5 (redundancy payments) of the Local Government Changes for England (Staff) Regulations 1995 any registration officer shall, as respects his office, be treated as employed by the old authority by which he was appointed and, on and after 1st April 1997, as an officer in the employment of the new authority to which he is transferred in accordance with article 3(2) of this Order, and any reference in such Order or in those Regulations —
a
to “employed”, “employment”, “employee” or “employer” shall be construed accordingly; and
b
to a “contract of employment” shall be construed as a reference to the terms and conditions of the registration officer’s appointment.
Signed by authority of the Secretary of State
David Curry
Minister of State
Department of the Environment
5th December 1996


text:
1
This Order may be cited as the A66 Trunk Road (Stainburn and Great Clifton) (De-Trunking) Order 1996 and shall come into force on 21st June 1996.
2
In this Order —
i
“classified road” as a classification for a highway,, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the new trunk road” means the new highway which the Secretary of State proposes to construct referred to in article 2 of the A66 Trunk Road (Stainburn and Great Clifton Bypass) Order 1996 :
iii
“the trunk road” means the Penrith — Middlesbrough Trunk Road (A66).
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a classified road from the date on which the Secretary of State notifies the County Council of Cumbria that the new trunk road is open 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, commencement and interpretation
1
1
This Order may be cited as the Environmentally Sensitive Areas (Cairngorms Straths) Designation (Amendment) Order 1996 and shall come into force on 15th August 1996.
2
In this Order–
“the principal Order ” means the Environmentally Sensitive Areas (Cairngorms Straths) Designation Order 1993 .
Amendment of the principal Order
2
In article 2(1) of the principal Order (interpretation)–
a
the definition of “enclosed land” shall be omitted;
b
after the definition of “herb rich unimproved grassland” there shall be inserted–
“inbye land” means that part of a farm not comprising the hill and rough grazings, the bulk of which is used for arable and grassland production;
; and
c
for the definition of “wetlands” there shall be substituted the following definition:–
“wetlands” means ground which does not constitute rough grazings and is saturated with water for a significant proportion of the year.
.
3
In article 6(1) of the principal Order (rates of payment under agreement) for the word “enclosed” there shall be substituted “inbye”.
4
In article 7 of the principal Order (payments for additional farming operations) for the words “Such payments” to the end there shall be substituted–
Such payments shall be at a rate to be determined by the Secretary of State–
in the case of an agreement entered into on or after 15th August 1996, up to a maximum rate of £35,000 for each 5 year conservation plan; and
in the case of an agreement entered into before that date–
for the year of the 5 year conservation plan included in such agreement which commenced but which had not ended before that date, up to a maximum rate of £130 per annum for each hectare of land to which the agreement relates, or at the rate of £4,000 per annum per individual farm business, whichever is the lowest; and
for the whole years or remaining whole years of such 5 year conservation plan, up to a maximum rate calculated by multiplying £7,000 by the number of those whole years or remaining whole years.
.
5
In paragraph 10 of the Schedule to the principal Order (requirements to be included in an agreement) for the word “Scheme” there shall be substituted the word “agreement”.
Lindsay
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
18th July 1996
We consent,
Liam Fox
Simon Burns
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd July 1996


text:
Citation and commencement
1
This Order may be cited as the Social Security (Industrial Injuries) (Dependency) (Permitted Earnings Limits) Order 1996 and shall come into force on 8th April 1996.
Increase of earnings limits in respect of dependent children
2
In paragraph 4 of Schedule 7 to the Social Security Contributions and Benefits Act 1992 —
a
in sub-paragraph (4)(a) for the amount of £125 there shall be substituted the amount of £130; and
b
in sub-paragraph (4)(b) for the amounts of £16 and £125 there shall be substituted the amounts of £17 and £130 respectively.
Revocations
3
The Social Security (Industrial Injuries) (Dependency) (Permitted Earnings Limits) Order 1993 and the Social Security (Industrial Injuries) (Dependency) (Permitted Earnings Limits) Order 1995 are hereby revoked.
Signed by authority of the Secretary of State for Social Security.
Alistair Burt
Minister of State,
Department of Social Security
7th March 1996


text:
Citation and commencement
1
These Regulations may be cited as the Exchange Gains and Losses (Transitional Provisions) (Amendment) Regulations 1996 and shall come into force on 30th June 1996.
Interpretation
2
In these Regulations “the principal Regulations ” means the Exchange Gains and Losses (Transitional Provisions) Regulations 1994 and “regulation” means a regulation of the principal Regulations.
Amendments to the principal Regulations
3
In regulation 1(3) after sub-paragraph (b) the following sub-paragraph shall be inserted —
ba
“discounted debt” has the same meaning as “relevant discounted security” as that term is defined for the purposes of Schedule 13 to the Finance Act 1996 by paragraphs 3 and 14(1) of that Schedule;
.
4
In regulation 6 —
a
in paragraph (2) —
i
in sub-paragraph (a) for the words from “the expiry” to “1995” there shall be substituted “30th September 1996”;
ii
in sub-paragraph (b) after the words “commencement day and” there shall be inserted “, subject to paragraph (2A) below,”;
b
after paragraph (2) the following paragraph shall be inserted —
2A
An election under paragraph (2) above may be withdrawn, with effect from the beginning of the company’s commencement day, by notice by the company to the inspector before 30th September 1996.
5
In regulation 10 after paragraph (2) the following paragraph shall be added —
3
Where —
a
the asset held or the liability owed by the company consists of a discounted debt, and
b
the company did not cease on 31st March 1996 to be entitled to the asset or (as the case may be) subject to the liability,
it shall be regarded, for the purposes of paragraph (1) above and section 158 (translation times and accrual periods), as ceasing on that date to be so entitled or subject, and references in this regulation and in regulations 11 and 12 to accrual periods (including references to an accrual period as the current period) shall, as respects that asset or liability, be construed accordingly.
6
In regulation 13(4) for “14(2) to (11)” there shall be substituted “14(5) to (9) and (11)”.
7
1
In regulation 14 —
a
paragraphs (2) to (4) shall be omitted;
b
in paragraph (5) for the words from “paragraph (2) above” to “paragraph (3) above” there shall be substituted “regulation 13”;
c
paragraph (10) shall be omitted.
2
Paragraph (1) shall have effect with respect to any disposal of an asset to which regulation 6(3) applies that is made on or after 1st April 1996.
8
In regulation 15 —
a
in paragraph (1) —
i
for the words from “the expiry” to “1995” there shall be substituted “30th September 1996”;
ii
for the words “paragraph (6)” there shall be substituted “paragraphs (6) and (7)”;
iii
in sub-paragraph (a) for the words “day, and ” there shall be substituted “day and, subject to paragraph (1A) below,”;
b
after paragraph (1) the following paragraph shall be inserted —
1A
An election under paragraph (1) above may be withdrawn, with effect from the beginning of the company’s commencement day, by notice by the company to the inspector before 30th September 1996.
;
c
after paragraph (6) the following paragraph shall be added —
7
Where in relation to an existing asset held by the company —
a
an election has effect under regulation 6(2),
b
an election has effect under this regulation,
c
there is an attributed gain or loss computed in accordance with paragraph (2) of this regulation as respects the asset, and
d
any of the dates referred to in sub-paragraphs (b) and (c) of that paragraph falls in an accounting period of the company ending on or after 30th June 1996,
no part of the attributed gain or loss shall be taken into account for the purposes of corporation tax for that accounting period, but the amount of the attributed gain or loss which would have been taken into account for that period but for this paragraph shall be treated for the purposes of regulation 13 as a relevant gain or loss falling within that regulation.
9
In regulation 18 after paragraph (5) the following paragraph shall be added —
6
Where —
a
the asset held or the liability owed by the company consists of a discounted debt, and
b
the company did not cease on 3 1st March 1996 to be entitled to the asset or (as the case may be) subject to the liability,
it shall be regarded, for the purposes of paragraph (1) above and section 158, as ceasing on that date to be so entitled or subject, and references in this regulation, and in regulations 19 and 20, to accrual periods (including references to an accrual period as the current period) shall, as respects that asset or liability, be construed accordingly.
Simon Burns
Michael Bates
Two of the Lords Commissioners of Her Majesty’s Treasury
21st May 1996


text:
PART I
INTRODUCTION
Citation, commencement and revocation
1
1
These Rules may be cited as the Asylum Appeals (Procedure) Rules 1996 and shall come into force on 1st September 1996.
2
The Asylum Appeals (Procedure) Rules 1993 are hereby revoked.
Interpretation
2
1
In these Rules —
“the 1984 Rules ” means the Immigration Appeals (Procedure) Rules 1984 ;
“the 1971 Act ” means the Immigration Act 1971;
“the 1993 Act ” means the Asylum and Immigration Appeals Act 1993 ;
“the 1996 Act ” means the Asylum and Immigration Act 1996 ;
“the appellate authority” means the special adjudicator or, as the case may be, the Tribunal and “authority” shall be construed accordingly;
“appellant” includes an applicant and, where he appeals against the determination of the appellate authority, the Secretary of State;
“asylum appeal” means any appeal made under any of the subsections (1) to (4) of section 8 of the 1993 Act (including any further appeal that is made in relation to such an appeal) and shall include any appeal which, by virtue of paragraph 3 of Schedule 2 to that Act, shall be dealt with in the same proceedings as the appeal brought under any of those subsections and includes an appeal under section 3 of the 1996 Act;
“certified claim” means an appeal
which the Secretary of State has certified is one to which paragraph 5 of Schedule 2 to the 1993 Act applies, or
under section 3 of the 1996 Act (appeals against certificates under section 2);
“party” includes the appellant and the Secretary of State and, in cases where the appropriate notice is given, the United Kingdom Representative of the United Nations High Commissioner for Refugees;
“special adjudicator” means an adjudicator designated under section 8(5) of the 1993 Act or section 3(3) of the 1996 Act; and
“the Tribunal” means the Immigration Appeal Tribunal.
2
In these Rules a Form referred to by letter and number means the Form so described in the Schedule to these Rules and any such forms (or forms substantially to the like effect) may be used with such variations as the circumstances may require.
3
For the purposes of these Rules —
a
an appeal is determined when written notice is sent of the decision whether or not the appeal should be allowed and expressions such as “determination” and “notice of determination” shall be construed accordingly;
b
every determination shall consist of a concise statement of
i
the decision on the substantial issues raised;
ii
any findings of fact material to the decision,
iii
the reasons for the decision.
Application
3
These Rules shall apply to all asylum appeals whether or not the appeal was instituted before these Rules came into force.
PART II
APPEALS TO SPECIAL ADJUDICATORS
Application of Part II
4
This Part applies to asylum appeals to a special adjudicator.
Notice of appeal
5
1
Subject to paragraph (2), a person making an asylum appeal (“the appellant” ) shall give notice of appeal not later than 7 days after receiving notice of the decision against which he is appealing.
2
The time limit for giving notice of appeal shall be 2 days in a case where the following conditions are satisfied:
a
the appeal is made under section 8(1) of the 1993 Act (where the appellant was refused leave to enter the United Kingdom); and
b
the appeal relates to a certified claim; and
c
the appellant is in custody in the United Kingdom, and
d
there has been personal service on the appellant of the notice of the decision against which he is appealing.
3
Subject to paragraphs (4) and (5), notice of appeal shall be given by serving —
a
on an immigration officer, in the case of an appeal under section 8(1) or (4) of the 1993 Act; and
b
upon the Secretary of State, in the case of an appeal under section 8(2) or (3) of the 1993 Act,
Form A1 which shall be
i
signed by the appellant or his representative; and
ii
accompanied by the notice (or a copy of the notice) informing the appellant of the decision against which he is appealing and the reasons for the decision.
4
In any case where an appellant is in custody, service under paragraph (3) may be upon the person having custody of him.
5
In any case where an appellant appeals under section 3 of the 1996 Act from outside the United Kingdom this rule shall apply to the appeal subject to the following modifications:
a
paragraph (1) shall have effect as if, for the words from “7 days after” to the end, there were substituted “28 days after the departure of the ship, aircraft, through train or shuttle train in which the appellant left the United Kingdom.” ;
b
paragraph (3) shall have effect as if, for “Form A1”, there were substituted “Form A1(TC)” .
6
Where any notice of appeal is not given within the appropriate time limit, it shall nevertheless be treated for all purposes as having been given within that time limit if the person to whom it was given in accordance with this rule is of the opinion that, by reason of special circumstances, it is just and right for the notice to be so treated.
7
Upon receipt of the notice of appeal (whether or not the notice was given within the time limit), the immigration officer or (as the case may be) the Secretary of State shall send to the United Kingdom Representative of the United Nations High Commissioner for Refugees the documents specified in paragraph (3).
8
Within 42 days of receipt of the notice of appeal (whether or not the notice was given within the time limit), the immigration officer or (as the case may be) the Secretary of State shall send to a special adjudicator and the appellant —
a
the documents specified in paragraph (3);
b
the original or copies of any notes of interview; and
c
the original or copies of any other document (except statutory materials) referred to in the decision being appealed,
and, in a case where the time limit specified above has not been complied with, the Secretary of State shall notify the appellant and the special adjudicator why it has not been complied with.
9
In this Rule “statutory materials” means any enactment or any provision made under an enactment, a convention or other provisions of a similar nature which are publicly available.
Notification of hearing
6
Notice of the date, time and place fixed for the hearing of the appeal shall not later than 5 days after the receipt of the documents specified in rule 5(8) be served on —
a
the appellant,
b
the immigration officer or (as the case may be) the Secretary of State, and
c
(if he has given notice in accordance with rule 8(2)) the United Kingdom Representative of the United Nations High Commissioner for Refugees.
Variation of notice of appeal
7
The grounds of the appeal may, with the leave of the special adjudicator, be varied by the appellant.
Parties
8
1
The parties to an appeal shall be the appellant and the Secretary of State.
2
If the United Kingdom Representative of the United Nations High Commissioner for Refugees gives written notice to the special adjudicator at any time during the course of an appeal that he wishes to be treated as a party to the appeal, he shall be so treated from the date of the notice.
Deciding the appeal
9
1
Unless the time limit is extended under rule 41, a special adjudicator shall decide an appeal not later than 42 days after receiving the documents specified in rule 5(8).
2
The period specified in paragraph (1) shall be 10 days in a case where the appeal relates to a certified claim, except a certified claim in which the appellant appeals under section 3 of the 1996 Act from outside the United Kingdom.
3
Where an appeal is remitted to a special adjudicator by the Tribunal pursuant to rule 17(2) or after an application for judicial review, the special adjudicator shall decide the appeal within 42 days of receipt of the Tribunal’s determination or, as the case may be, of the appropriate court order.
In this paragraph “appropriate court order” means the order made on the application for judicial review or the order made on any appeal against that order.
4
Except where an appeal is determined without a hearing in accordance with rule 35 or summarily in accordance with rule 36, a hearing shall be held to decide an appeal.
Adjournment of hearings
10
1
Subject to rule 9(1) or (2), a special adjudicator shall not adjourn a hearing unless he is satisfied that an adjournment is necessary for the just disposal of the appeal.
2
When considering whether an adjournment is necessary, a special adjudicator shall have particular regard to the need to secure the just, timely and effective conduct of the proceedings.
3
Where a hearing is adjourned, the special adjudicator shall —
a
consider whether further directions should be given under rule 23, and
b
give notice either orally or in writing to every party to the proceedings of the time and place of the adjourned hearing.
Promulgation of determination and reasons
11
1
The special adjudicator shall wherever practicable pronounce his decision at the conclusion of the hearing and he shall not later than 10 days after the conclusion of the hearing send to every party to the appeal written notice of the determination.
2
In an appeal which relates to a certified claim, the special adjudicator shall, if he agrees that the Secretary of State was right to certify the claim, pronounce his decision at the conclusion of the hearing and he shall not later than 5 days after the conclusion of the hearing send to every party to the appeal written notice of the determination.
3
No notice sent under this rule shall be considered to be invalid by reason only of the failure to comply with any time limit prescribed.
PART III
APPEALS TO TRIBUNAL FROM SPECIAL ADJUDICATOR
Application of Part III
12
This Part applies to appeals to the Tribunal from the determination of a special adjudicator.
Leave to appeal
13
1
An appeal may be brought only with the leave of the Tribunal.
2
An application for leave shall be made not later than 5 days after the person making it (“the appellant” ) has received notice of the determination against which he wishes to appeal.
3
An application for leave shall be made by serving upon the Tribunal Form A2 which shall be —
i
signed by the appellant or his representative; and
ii
accompanied by the original or a copy of the special adjudicator’s determination together with all the grounds relied on.
4
An application for leave shall be decided not later than 10 days after its receipt by the Tribunal.
5
Where the Tribunal fails to decide any application for leave under this rule within the time prescribed, the application shall be deemed to have been granted.
6
An application for leave shall be decided without a hearing unless the Tribunal considers that there are special circumstances which make a hearing necessary or desirable.
7
When an application for leave has been decided, the Tribunal shall forthwith send to the parties to the appeal a notice recording its decision on the application for leave and, where leave to appeal is refused, the reasons for the refusal.
Notice of appeal
14
1
The application for leave to appeal shall be deemed to be the appellant’s notice of appeal and may (as such a notice of appeal) be varied by the appellant with the leave of the Tribunal.
2
The Tribunal shall not later than 5 days after leave to appeal has been granted serve on the parties to the appeal notice of the date, time and place fixed for the hearing.
Parties
15
1
The parties to an appeal shall be the persons who were the parties to the appeal before the special adjudicator.
2
Where he would not otherwise be a party by virtue of paragraph (1), the United Kingdom Representative of the United Nations High Commissioner for Refugees shall be treated as a party to an appeal if he gives written notice to the Tribunal at any time during the course of an appeal that he wishes to be so treated.
Time within which appeal is to be decided
16
Unless the time limit is extended under rule 41, every appeal under this Part shall be decided not later than 42 days after the date of service on the Tribunal of the appellant’s notice of appeal.
Deciding an appeal
17
1
Except where an appeal is determined without a hearing in accordance with rule 35 or summarily in accordance with rule 36, a hearing shall be held to decide an appeal.
2
Unless it considers —
a
that it is necessary in the interests of justice, and
b
that it would save time and avoid expense
to remit the case to the same or another special adjudicator for determination by him in accordance with any directions given to him by the Tribunal, the Tribunal shall determine the appeal itself.
Adjournment of hearings
18
1
Subject to rule 16, the Tribunal shall not adjourn a hearing unless it is satisfied that an adjournment is necessary for the just disposal of the appeal.
2
When considering whether an adjournment is necessary, the Tribunal shall have particular regard to the need to secure the just, timely and effective conduct of the proceedings.
3
Where a hearing is adjourned, the Tribunal shall —
a
consider whether further directions should be given under rule 23, and
b
give notice either orally or in writing to every party to the proceedings of the time and place of the adjourned hearing.
Promulgation of determination and reasons
19
The Tribunal shall record the decision on any appeal, and the reasons for it, and shall send to every party to the appeal, not later than 10 days after the conclusion of the hearing, written notice of the determination.
PART IV
APPEALS FROM TRIBUNAL
Application of Part IV
20
This Part applies to applications for leave to appeal, on a question of law, to the Court of Appeal or, in Scotland, to the Court of Session from a final determination of an asylum appeal by the Tribunal.
Leave to appeal
21
1
An application to the Tribunal for leave to appeal shall be made not later than 10 days after the party seeking to appeal has received written notice of the determination.
2
An application for leave shall be made by serving upon the Tribunal a notice of application for leave to appeal in Form A3 and the form shall be signed by the appellant or his representative.
3
An application may be decided by the President or by a chairman of the Tribunal acting alone.
4
The Tribunal shall decide the application without a hearing unless it considers that there are special circumstances which make a hearing necessary or desirable.
5
The Tribunal shall decide the application, and shall send to the parties to the proceedings written notice of the decision and the reasons for it, not later than 10 days after the Tribunal has received the application.
PART V
GENERAL PROCEDURE
Application of Part V
22
1
This Part applies to —
a
proceedings to which Part II applies (appeals to special adjudicator);
b
proceedings to which Part III applies (appeals to the Tribunal from special adjudicator);
c
proceedings to which Part IV applies (applications for leave to appeal from the Tribunal); and
d
applications for bail.
Conduct of appeals
23
1
The appellate authority may, subject to the provisions of these Rules, regulate the procedure to be followed at hearings.
2
The overriding objective shall be to secure the just, timely and effective disposal of appeals and, in order to further that objective, the authority may give directions which control the preparation for, and conduct of, any hearing.
3
The authority may, after receiving a notice of appeal, give directions under this rule orally or in writing and notice of any written directions so given shall be served on all parties to the appeal.
4
Directions given under this rule may —
a
relate to any matter concerning the preparation for a hearing and, in particular, may specify the length of time allowed for anything to be done;
b
specify the place at which the appeal shall be heard;
c
in particular, provide for —
i
a particular matter to be dealt with as a preliminary issue;
ii
a pre-hearing review to be held;
iii
the furnishing of any particulars which appear to be requisite for the determination of the appeal;
d
require any party to the appeal to file —
i
statements of the evidence which will be called at the hearing specifying in what respect the services of an interpreter will be required;
ii
a paginated and indexed bundle of all the documents which will be relied on at the hearing;
iii
a skeleton argument which summarises succinctly the submissions which will be made at the hearing and cites all the authorities which will be relied on identifying any particular passages to be relied on;
iv
an estimate of the time which will be needed for the hearing of the appeal;
v
a list of the witnesses who will be called to give evidence;
vi
a chronology of events;
e
limit
i
the number or length of documents produced by, for example, requiring the appellant to specify to the respondent the passage or part of any document on which he will rely, especially if the document has to be translated into English for the hearing;
ii
the length of oral submissions;
iii
the time allowed for the examination and cross examination of witnesses by, for example, allowing a witness statement to stand as evidence in chief;
iv
the issues which will be addressed at the hearing;
f
facilitate the holding of combined hearings under rule 34.
5
The appellant and the respondent shall provide to every other party to the appeal a copy of any document which he is directed to file under paragraph (4).
6
Directions shall be given under this rule in an appeal in which the appellant is unrepresented only where the appellate authority is satisfied that the appellant will be able to comply with the directions.
Failure to comply with directions
24
1
Subject to paragraph (2), where a party fails to comply with a direction given under rule 23 the appellate authority may —
a
treat that party as having abandoned the appeal or, as the case may be, treat the decision appealed against as having been withdrawn, or
b
proceed with the appeal; or
c
determine the appeal without a hearing under rule 35.
2
Where the appellate authority is satisfied that the party in default was prevented by circumstances beyond his control from complying with the direction given under rule 23, additional directions may be given under that rule.
Bail
25
1
An application by an appellant to be released on bail if made to —
a
an immigration officer or police officer, shall be made orally; or
b
the appellate authority, may be made either orally or in writing.
2
Where an application is made in writing pursuant to paragraph (1)(b), it shall contain the following particulars —
a
the full name of the appellant;
b
the address of the place where, and the purpose for which, the appellant is detained at the time when the application is made;
c
whether an appeal is pending at the time when the application is made;
d
the address where the appellant would reside if his application for bail were to be granted;
e
the amount of the recognizance in which he would agree to be bound;
f
the full names, addresses and occupations of two persons who might act as sureties for the appellant if his application for bail were to be granted, and the amounts of the recognizance in which those persons might agree to be bound; and
g
the grounds on which the application is made and, where a previous application has been refused, full particulars of the change in circumstances which has occurred since that refusal.
3
An application made in writing pursuant to paragraph (l)(b) shall be signed by the appellant or by a person duly authorised by him in that behalf or, in the case of an appellant who is a minor or who is for any reason incapable of acting, by any person acting on his behalf.
4
The recognizance of an appellant shall be in Form A4 and that of a surety in Form A5.
5
Where the appellate authority directs the release of an appellant on bail and the taking of the recognizance is postponed under paragraph 22(3) or 29(6) of Schedule 2 to the 1971 Act, it shall certify in writing that bail has been granted in respect of the appellant, and shall include in the certificate particulars of the conditions to be endorsed on the recognizance with a view to the recognizance being taken subsequently, the amounts in which the appellant and any sureties are to be bound and the date of issue of the certificate.
6
The person having custody of an appellant shall —
a
on receipt of a certificate signed by or on behalf of the appellate authority stating that the recognizance of any sureties required have been taken, or on being otherwise satisfied that all such recognizances have been taken; and
b
on being satisfied that the appellant has entered into his recognizance,
release the appellant.
7
Paragraphs (4) and (5) above shall not apply to Scotland, and in its application to Scotland, this rule shall have effect as if
a
for paragraph (2)(e) and (f), there were substituted —
e
the amount, if any, to be deposited if bail is granted;
f
the full names, addresses and occupations of such persons, if any, who offer to act as cautioners if the appellant’s application for bail were to be granted;;
b
for paragraph (6), there were substituted —
6
The person having custody of an appellant shall on receipt of a certified copy of the decision to grant bail and on being satisfied that the amount, if any, to be deposited has been so deposited release the appellant..
Representation
26
1
In any proceedings on an appeal, a party to the appeal may act in person or be represented or may appear —
a
in the case of the appellant, by counsel or a solicitor, a person appointed in that behalf by any voluntary organisation for the time being in receipt of a grant under section 23 of the 1971 Act or, with the leave of the appellate authority, by any other person appearing to the authority to be acting on behalf of the appellant;
b
in the case of the Secretary of State or any officer of his, by counsel or a solicitor or any officer of the Secretary of State;
c
in the case of the United Kingdom Representative of the United Nations High Commissioner for Refugees, by a person appointed by him in that behalf.
2
A person representing a party to an appeal in accordance with paragraph (1) may take all such steps and do all such things relating to the proceedings as the person whom he represents is by these Rules required or authorised to take or do.
Evidence
27
1
In any proceedings on an appeal the Tribunal may receive as evidence the summary made in accordance with rule 43 of any evidence received —
a
by the special adjudicator in the course of the proceedings to which the appeal relates, or
b
by a special adjudicator to whom the appeal has been remitted in pursuance of paragraph (3)(c)(i) below.
2
If any party to the appeal wishes to adduce evidence before the Tribunal further to that to be received in accordance with paragraph (1) above, he shall give notice in writing to that effect to the Tribunal indicating the nature of the evidence; and any such notice shall be given —
a
in the case of the appellant, with the notice of appeal or as soon as practicable after notice of appeal is given or is deemed to have been given;
b
in the case of any other party, as soon as practicable after he has been notified of the appeal.
3
In any proceedings on an appeal —
a
the Tribunal may, in its discretion, receive or decline to receive further evidence of which notice has been given in accordance with paragraph (2);
b
if, to enable it to arrive at a proper determination of the appeal, the Tribunal requests the furnishing of further evidence relating to specified matters, it shall receive such further evidence;
c
where such further evidence as is mentioned in sub-paragraph (a) or (b) falls to be received it shall be given, as the Tribunal may direct, either —
i
orally, in which case the Tribunal may take the further evidence itself or remit the appeal to the same or another adjudicator for the taking of that evidence, or
ii
in writing, in which case it shall be given in such manner and at such time as the Tribunal may require.
Summoning of witnesses
28
1
Subject to paragraph (2), the appellate authority may, for the purposes of any appeal, by summons in Form A6 require any person in the United Kingdom to attend as a witness at a hearing of the appeal at such time and place as may be specified in the form and, subject to the provisions of rule 29(2), at the hearing to answer any questions or produce any documents in his custody or under his control which relate to any matter in question in the appeal.
2
No person shall be required, in obedience to such a summons, to travel more than 16 kilometres from his place of residence unless the necessary expenses of his attendance are paid or tendered to him, and when the summons is issued at the request of a party to the appeal, those expenses are so paid or tendered by that party.
Mode of giving evidence
29
1
The appellate authority may receive oral, documentary or other evidence of any fact which appears to the authority to be relevant to the appeal notwithstanding that such evidence would be inadmissible in a court of law.
2
In any proceedings before the appellate authority, no person shall be compelled to give any evidence or produce any document which he could not be compelled to give or produce on the trial of an action in that part of the United Kingdom in which the proceedings are conducted.
3
The appellate authority may require any witness to give evidence on oath or affirmation, and for that purpose an oath or affirmation in due form may be administered.
Inspection of documentary evidence
30
1
Subject to paragraph (2) below, when the appellate authority takes into consideration documentary evidence, every party to the appeal shall be given an opportunity of inspecting that evidence and taking copies if copies have not been provided pursuant to rule 23.
2
Where on an appeal it is alleged that —
a
a passport or other travel document, certificate of entitlement, entry clearance or work permit (or any part thereof or entry therein) on which a party relies is a forgery, and
b
the disclosure to that party of any matters relating to the method of detection would be contrary to the public interest,
then, if supply of a document to that party would involve such disclosure, that document shall not be supplied to, or made available for inspection by, that party.
Burden of proof
31
1
If in any proceedings before the appellate authority a party asserts that a decision or action taken against him under any statutory provision ought not to have been taken on the grounds that he is not a person to whom the provision applies, it shall lie on him to prove that he is not such a person.
2
If in any proceedings before the appellate authority a party asserts any fact of such a kind that, if the assertion were made to the Secretary of State or any officer for the purposes of any statutory provisions or any immigration rules, it would by virtue of those provisions or rules be for him to satisfy the Secretary of State or officer of the truth thereof, it shall lie on that party to prove that the assertion is true.
3
In this rule “statutory provision” means any provision contained in
a
the 1971 Act, the 1993 Act or the 1996 Act, or
b
any instrument made under those Acts,
and, in paragraph (2), “immigration rules” means the rules for the time being laid down as mentioned in section 3(2) of the 1971 Act.
Exclusion of public
32
1
Subject to the provisions of this rule, any hearing by the appellate authority shall take place in public.
2
Subject to the provisions of paragraph (4), where in accordance with section 22(4) of the 1971 Act (cases involving forgery of documents) the appellate authority is required to arrange for the proceedings to take place in the absence of a party and his representatives, all members of the public shall be excluded from those proceedings.
3
Subject to the provisions of paragraph (4), the appellate authority may exclude any member of the public or members of the public generally from any hearing or from any part of such a hearing —
a
at the request of a party;
b
where, in the opinion of the authority, a member of the public is behaving in a manner likely to interfere with the proper conduct of the proceedings and, to prevent such interference, that member or members of the public generally should be excluded; or
c
where, in the opinion of the authority, such evidence relating to a person other than a party is likely to be given as, subject to the interests of the parties, should not be given in public and no party requests that it be given in public.
4
Nothing in this rule shall prevent a member of the Council on Tribunals or of its Scottish Committee from attending a hearing in his capacity as such.
Hearing of appeal in absence of appellant or other party
33
1
The appellate authority may, where in the circumstances of the case it appears proper so to do, hear an appeal in the absence of the appellant if satisfied that —
a
he is not in the United Kingdom;
b
he is suffering from a communicable disease or from a mental disorder;
c
by reason of illness or accident he cannot attend the hearing; or
d
it is impracticable to give him notice of the hearing and that no person is authorised to represent him at the hearing.
2
Without prejudice to paragraph (1) but subject to paragraph (3), the appellate authority may proceed with the hearing of an appeal in the absence of a party (including the appellant) if satisfied that, in the case of that party, such notice of the time and place of the hearing, or of the adjourned hearing, as is required by rules 14(2) and 18(3) or, in the case of a hearing before a special adjudicator, by rule 6 and rule 10(3), has been given.
3
The appellate authority shall proceed with the hearing in pursuance of paragraph (2) if the absent party has not furnished the authority with a satisfactory explanation of his absence.
4
Where in pursuance of this rule the appellate authority hears an appeal or proceeds with a hearing in the absence of the appellant or some other party, it may determine the appeal on such evidence as has been received.
5
For the purposes of this rule a reference to a party (including an appellant) includes a reference to his representative.
Combined hearings
34
Where in the case of two or more appeals it appears to the appellate authority that —
a
some common question of law or fact arises in both or all of them; or
b
they relate to decisions or action taken in respect of persons who are members of the same family; or
c
for some other reason it is desirable to proceed with the appeals under this rule,
the authority may, after giving all the parties an opportunity of being heard, decide that the appeals should be heard together.
Determination without hearing
35
1
An appeal may be determined without a hearing under this rule if —
a
the special adjudicator has decided, after giving every other party to the appeal an opportunity of replying to any representations submitted in writing by or on behalf of the appellant, to allow the appeal; or
b
the special adjudicator is satisfied that the appellant is outside the United Kingdom or that it is impracticable to give him notice of a hearing and, in either case, that no person is authorised to represent him at a hearing; or
c
a preliminary issue has arisen and, the appellant having been afforded a reasonable opportunity to submit a written statement rebutting the respondent’s allegation —
i
the appellant has not submitted such a statement, or
ii
the special adjudicator is of the opinion that matters put forward by the appellant in such a statement do not warrant a hearing; or
d
the parties agree in writing upon the terms of a determination, or
e
the special adjudicator is satisfied, having regard to —
i
the material before him;
ii
the nature of the issues raised; and
iii
the extent to which any directions given under rule 23 have been complied with,
that the appeal could be so disposed of justly.
2
Paragraph (1) shall apply with the necessary modifications to hearings before the Tribunal.
3
Where an appeal is determined under paragraph (1)(e), written notice of the determination shall be made available for public inspection.
4
This paragraph applies where —
a
the decision appealed against has been withdrawn or reversed by the respondent, and the special adjudicator is satisfied that written notice of the withdrawal or reversal has been given to the appellant by the respondent; or
b
the special adjudicator is satisfied, having regard to the material before him or to the conduct of the appellant or his failure to appear or otherwise to prosecute the appeal, that the appeal has been abandoned; or
c
the special adjudicator is satisfied, having regard to the material before him or to the conduct of any party, that the decision appealed against has been withdrawn.
5
Where the appellate authority is satisfied that —
a
the appellant was notified of the hearing date, and
b
the provisions of paragraph (4) apply to the appeal,
it shall send to the parties written notice that paragraph (4) applies (specifying the sub-paragraph which is appropriate) and it shall not be necessary to hold a hearing in order to determine the appeal or to issue a written notice of determination.
Summary determination of appeals
36
1
Subject to paragraph (2), where it appears to the appellate authority that the issues raised on an appeal have been determined —
a
in the case of an appeal before a special adjudicator, by the same or another adjudicator or by the Tribunal, or
b
in the case of an appeal before the Tribunal, by the Tribunal,
under Part II of the 1971 Act, under the 1993 Act or under the 1996 Act in previous proceedings to which the appellant was a party, on the basis of facts which did not materially differ from those to which the appeal relates, the authority may determine the appeal summarily without a hearing.
2
Before the appellate authority determines an appeal summarily in accordance with paragraph (1), it shall give the parties an opportunity of making representations to the effect that the appeal ought not to be so determined.
3
Where an appeal is determined summarily in accordance with paragraph (1), the appellate authority shall send to the parties written notice that the appeal has been so determined, and any such notice shall
a
contain a statement of the issues raised on the appeal and
b
specify the previous proceedings in which those issues were determined
and the provisions of rule 2(3)(b) shall not apply to such a notice.
Performance of functions of Tribunal
37
The following functions may be performed by the President of the Tribunal or a chairman acting alone:
a
any function conferred on the Tribunal by Part II of Schedule 2 to the 1971 Act;
b
any function conferred on the Tribunal relating to applications for leave to appeal; or
c
any function conferred on the Tribunal of —
i
extending time limits under rule 41;
ii
remitting an appeal to an adjudicator pursuant to rule 17(2); or
iii
requiring the attendance of witnesses at the hearing of an appeal.
Notices etc
38
1
Any notice or other document required or authorised by these Rules to be sent or given to any person or authority may be sent by post or FAX or delivered, in the case of a document directed to —
a
the Tribunal, to the secretary of the Tribunal;
b
a special adjudicator, to any person employed as his clerk;
c
the Secretary of State, to the Appeals Support Section of the Asylum Division in the Home Office;
and, if sent or given to a person representing a party to an appeal in accordance with rule 26(1), shall be deemed to have been sent or given to that party.
2
A party to an appeal shall inform the appellate authority of the address at which documents may be served on him (“his address for service” ) and, until he gives notice to the authority that his address for service has changed, any document served at that address shall be deemed to have been served on him.
Mixed appeals
39
1
This rule applies in any case where a person (“the appellant” ) is appealing to the appellate authority in relation to any of the grounds mentioned in subsections (1) to (4) of section 8 of the 1993 Act (“section 8 appeal” ) and is also appealing to the authority in relation to other grounds under Part II of the 1971 Act (“1971 Act appeal” ).
2
Where the appellant lodges his 1971 Act appeal before his section 8 appeal has been determined by the authority, the authority shall deal with both appeals in the same proceedings.
3
Where the appellant lodges his section 8 appeal before his 1971 Act appeal has been determined by the authority, the authority dealing with his section 8 appeal shall deal with both appeals in the same proceedings.
4
These Rules (so far as they relate to appeals to the authority) shall apply to the 1971 Act appeal as if that appeal had been a section 8 appeal and shall continue so to apply even if the section 8 appeal is determined before the 1971 Act appeal.
5
Nothing in paragraph (4) shall —
a
prejudice any steps taken under the 1984 Rules before the appellant lodged the section 8 appeal; or
b
require any step to be taken under these Rules which is analogous to a step already taken under the 1984 Rules.
6
The authority may adjourn a section 8 appeal or a 1971 Act appeal so far as is necessary or expedient for complying with a requirement in this rule to deal with both appeals in the same proceedings.
7
For the purposes of this rule, a person shall be taken to be appealing if he has given a notice of appeal in accordance with these Rules (in the case of a section 8 appeal) or in accordance with the 1984 Rules (in the case of a 1971 Act appeal) and, in either case, the appeal has not yet been determined.
Transfer of proceedings
40
1
Where any proceedings before a special adjudicator have not been disposed of by him and the chief adjudicator, or any person for the time being carrying out the functions of the chief adjudicator, is of the opinion that —
a
it is not practicable without undue delay for the proceedings to be completed by that adjudicator, or
b
for some other good reason the proceedings should not be completed by that adjudicator,
he shall make arrangements for them to be dealt with by another special adjudicator.
2
Where any proceedings are transferred to another special adjudicator in accordance with paragraph (1) —
a
any notice or other document which is sent or given to or by the special adjudicator from whom the proceedings were transferred shall be deemed to have been sent or given to or by the first-mentioned adjudicator; and
b
any special adjudicator to whom an appeal is transferred shall have power to deal with it as if it had been commenced before him.
Extension of time limit
41
1
Where under these Rules the appellate authority is required to decide or determine an appeal or to provide written notice of the determination at or within a time prescribed, the authority may if necessary extend the time so prescribed either to enable it fairly to make the decision or determination or (as the case may be) to provide the notice.
2
A special adjudicator shall not extend the time limit for giving notice of appeal except where it is in the interests of justice and he is satisfied that the party in default was prevented from complying with the time limit by circumstances beyond his control.
3
An extension may be made notwithstanding that the time limit in any case has already expired.
Time
42
1
Subject to paragraph (2), any notice or other document that is sent or served under these Rules shall be deemed to have been received —
a
where the notice or other document is sent by post from within the United Kingdom, on the second day after which it was sent regardless of when or whether it was received;
b
where the notice or other document is sent by post from outside the United Kingdom, on the fifteenth day after which it was sent regardless of when or whether it was received; and
c
in any other case, on the day on which the notice or other document was served.
2
Where under these Rules a notice or other document is sent by post to the appellate authority, it shall be deemed to have been received on the day on which it was in fact received by the authority.
3
For the purposes of these Rules, a notice or other document is received by the authority when it is received by any person employed as a clerk to the authority.
4
Where under these Rules, an act is to be done not later than a specified period after any event, the period shall be calculated from the expiry of the day on which the event occurred.
5
Where the time provided by these Rules by which any act must be done expires on a Saturday, Sunday or a bank holiday, Christmas Day or Good Friday, the act shall be done in time if done on the next working day.
6
Where, apart from this paragraph, the period in question being a period of 10 days or less would include a Saturday, Sunday or bank holiday, Christmas Day or Good Friday, that day shall be excluded.
7
In this rule, “bank holiday” means a day that is specified in, or appointed under, the Banking and Financial Dealings Act 1971 as a bank holiday.
Record of proceedings
43
A summary of the proceedings before the appellate authority shall be made.
Irregularities
44
Any irregularity resulting from failure to comply with these Rules before the appellate authority has reached a decision shall not by itself render the proceedings void, but the authority shall, if it considers that any person may have been prejudiced, take such steps as it thinks fit before reaching a decision to cure the irregularity, whether by amendment of any document, the giving of any notice or otherwise.
Correction of accidental errors
45
1
Clerical mistakes in any determination or notice of determination, or errors arising therein from any accidental slip or omission, may at any time be corrected and any correction made to, or to a record of, a determination shall be deemed to be part of that determination or record and written notice of it shall be given as soon as practicable to every party to the proceedings.
2
The Tribunal may after consulting the special adjudicator concerned correct errors in a determination given by a special adjudicator and any correction made to, or to a record of, a determination shall be deemed to be part of that determination or record and written notice of it shall be given as soon as practicable to every party to the proceedings and to the special adjudicator.
Mackay of Clashfern, C.
6th August 1996


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Medicines (Data Sheet) Amendment Regulations 1996 and subject to paragraph (2) of this regulation shall come into force on 10th October 1996.
2
Regulation 4 shall come into force immediately after regulation 3(b).
3
In these Regulations, “the principal Regulations ” means the Medicines (Data Sheet) Regulations 1972 .
Amendment of regulation 1 of the principal Regulations
2
Regulation 1 of the principal Regulations shall be amended so that —
a
in paragraph (2) after the definition of “monograph” the following definitions are inserted —
“product information compendium” has the meaning it bears in regulation 2A(1)(b);
“summary of product characteristics” has the meaning it bears in regulation 2(1) of the Medicines (Advertising) Regulations 1994 ;
, and
b
after paragraph (2) the following paragraph is inserted —
2A
In these Regulations unless the context otherwise requires “product licence” includes a marketing authorisation in respect of medicinal products intended for use by being administered to human beings and granted under Council Regulation ( EEC ) No. 2309/93 or under the Medicines for Human Use (Marketing Authorisations, Etc.) Regulations 1994 ;
.
Amendment of regulation 2 of the principal Regulations
3
Regulation 2 of the principal Regulations (form of data sheets) shall be amended so that —
a
in paragraph (1) after the words “for the purposes of the Act , every data sheet” the words “in respect of medicinal products for use by being administered to animals” are inserted, and
b
in paragraphs (2) and (3) for the words “regulations 3 and 4” there are substituted the words “regulation 4”.
Insertion of regulation 2A in the principal Regulations
4
After regulation 2 of the principal Regulations there shall be inserted the following regulation —
Data Sheets for medicinal products for human use
2A
1
Subject to the following provisions of these Regulations, for the purposes of the Act every data sheet in respect of medicinal products for use by being administered to human beings shall be either in the form of —
a
a loose sheet containing the particulars specified in these Regulations, or
b
a page or part of a page, containing such particulars and forming part of a publication (in these Regulations referred to as a “product information compendium”) consisting of a list of entries in respect of such medicinal products (whether or not it also consists of summaries of product characteristics, or other explanatory material which may be of use to the practitioner).
2
The provisions of paragraphs (2) and (5) of regulation 2 shall apply in respect of data sheets to which paragraph (1) of this regulation applies as they apply in respect of data sheets to which regulation 2 applies but as if in paragraph (2) for the words “regulation 4” there were substituted “regulation 3”.
Amendment of regulation 3 of the principal Regulations
5
In regulation 3(8) and (9) of the principal Regulations (particulars in data sheets relating to medicinal products for human use) for the words “data sheet compendium” wherever they appear there shall be substituted the words “product information compendium”.
Amendment of Schedule 1 to the principal Regulations
6
Schedule 1 to the principal Regulations shall be amended so that —
a
at the beginning for the reference to “Regulation 2(2) and 3” a reference to “Regulations 2(2) and (3) and 2A(2)” is substituted, and
b
at the end of the heading of Part II after the word “REQUIREMENTS” the words “IN RESPECT OF MEDICINAL PRODUCTS FOR USE BY BEING ADMINISTERED TO ANIMALS” are added.
Amendment of Schedule 2 to the principal Regulations
7
In paragraph 10 of column 2 (particulars) of Schedule 2 (particulars required in data sheets relating to medicinal products for human use) for the words “data sheet compendium” there shall be substituted the words “product information compendium”.
Revocation
8
Regulation 6 (temporary provisions) of the principal Regulations shall be revoked.
Stephen Dorrell
Secretary of State for Health
12th September 1996
Gwilym Jones
Parliamentary Under-Secretary of State, Welsh Office
17th September 1996
James Douglas Hamilton
Minister of State, The Scottish Office
17th September 1996
Tim Boswell
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
12th September 1996
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on 17th September 1996
F. A. Elliott
Permanent Secretary
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland on 18th September 1996
J. Murray
Permanent Secretary


text:
Citation and commencement
1
These Regulations may be cited as the Army Terms of Service (Amendment) Regulations 1996 and shall come into force on 1st January 1997.
Amendments to Regulations
2
1
The Army Terms of Service Regulations 1992 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 3 (terms of enlistment) —
a
in paragraph (2), for the words “regulation 4” there shall be substituted the words “regulations 4 and 4B”; and
b
in paragraph (3), for the words “regulation 4” there shall be substituted the words “regulations 4 and 4A”.
3
After regulation 4 there shall be inserted the following regulations —
Local service engagement
4A
1
A person who has attained the age of 18 years may be enlisted for local service.
2
For the purposes of these Regulations, “local service” means full-time service in the regular army where, subject to paragraph (5), the person enlisted restricts his service to a particular area in the United Kingdom (referred to in this regulation as his “area of service”).
3
Before being enlisted for local service, a person shall be required to give the recruiting officer enlisting him notice in writing specifying the area in the United Kingdom to which his service is to be restricted.
4
Subject to paragraph (7), the area of service of any person enlisted for local service shall be the area specified in the notice given in accordance with paragraph (3).
5
A person enlisted for local service may volunteer to serve outside his area of service; otherwise, he may only be required to serve outside his area of service in the United Kingdom for a total of no more than 30 days in any year or in any part of a year during which his term of service has effect.
6
A person enlisted for local service may apply by notice in writing to the competent military authority to alter his area of service, specifying in the notice the area in the United Kingdom to which his service would be restricted if his application were to be approved.
7
If the competent military authority signify their approval in writing to an application made under paragraph (6), the person’s area of service shall be, from such date as may be specified in the notice of approval, the area specified in the notice given by him under that paragraph.
8
Save for regulation 8(3) and (4), regulations 5 to 9, 14 and 15 shall not apply to a person enlisted for local service.
9
In this regulation —
“recruiting officer” shall be construed in accordance with section 1 of the Army Act 1955; and
“year” shall mean the period of 12 months beginning on 1st January.
4B
1
The length of the term of a person enlisted for local service shall be 3 years beginning with the date of his attestation.
2
Subject to paragraph (3), a person enlisted for local service may apply to the competent military authority to extend his term —
a
by a period of 3 years, or
b
if he will attain the age of 55 years before the expiry of such a period, until the date on which he attains that age, and, if the competent military authority signify their approval in writing, he shall be treated as if he had enlisted for such an extended term.
3
A person may apply to extend his term under paragraph (2) whether or not it has already been extended under that paragraph.
.
4
After regulation 10 there shall be inserted the following regulation —
Right of local service personnel to determine service
10A
1
Subject to the following provisions of this regulation and regulation 11, a person enlisted for local service shall have the right to determine his service by giving notice in writing to his commanding officer that he wishes to do so on a date specified in the notice, and his service shall be determined on that date accordingly.
2
Subject to paragraphs (3) and (4), the period of notice to be given by a person under paragraph (1) shall be not less than 90 days ending on the date specified in the notice as the date on which he wishes to determine his service.
3
Where a person on being enlisted for local service is required to undertake a course of initial military training lasting for a period of not less than 10 weeks, the period of notice referred to in paragraph (2) shall not end on a date earlier than 2 years after the date of attestation.
4
In any case other than one falling within paragraph (3), the period of notice referred to in paragraph (2) shall not end on a date earlier than 1 year after the date of attestation.
.
5
In regulation 11(1) (restriction on exercise of rights conferred by regulations 5(1), 10(1) and 15(6)) after the words “regulation 10(1)” there shall be inserted the words “, regulation 10A(1)”.
6
In the Schedule (competent military authorities) —
a
after the entry relating to regulation 4(6) there shall be inserted the following entries —
Regulation 4A(6) and (7) For the purpose of approving an application to change the area of service of a person enlisted for local service The Director General Army Personnel Centre Regulation 4B(2) For the purpose of approving the extension of the term of a person enlisted for local service The Director General Army Personnel Centre
; and
b
the words “Director General Army Personnel Centre” shall be substituted —
i
for the words “Officer in Charge of Records of the Corps in which the person is serving” wherever they appear; and
ii
in the entry relating to regulation 13, for the words “Officer in Charge of Records of the Corps in which the applicant was serving immediately before he was transferred to the reserve”.
On behalf of the Defence Council.
Nicholas Soames
Charles Guthrie
Members of the Defence Council
25th November 1996


text:
1
These Regulations may be cited as the Civil Aviation Authority (Hovercraft) (Revocation) Regulations 1996 and shall come into force on 1st February 1997.
2
The Civil Aviation Authority (Hovercraft) Regulations 1972 are hereby revoked.
Signed by authority of the Secretary of State for Transport
John Bowis
Parliamentary Under Secretary of State,
Department of Transport
19th December 1996


text:
Citation and commencement
1
This Order may be cited as the Social Security Revaluation of Earnings Factors Order 1996 and shall come into force on 17th May 1996.
Revaluation of earnings factors
2
The earnings factors relevant —
a
to the calculation —
i
of the additional pension in the rate of any long-term benefit; or
ii
of any guaranteed minimum pension; or
b
to any other calculation required under Part III of the Pension Schemes Act 1993 (including that Part as modified by or under any other enactment),
are directed to be increased for the tax years specified in the Schedule to this Order by the percentage of their amount shown opposite those tax years in that Schedule.
Rounding of fractional amounts
3
Where any earnings factor relevant to the calculation specified in article 2(a)(i) of this Order, as increased in accordance with this Order, would not but for this article be expressed as a whole number of pounds, it shall be so expressed by the rounding down of any fraction of a pound less than one half and the rounding up of any other fraction of a pound.
Signed by authority of the Secretary of State for Social Security.
Oliver Heald
Parliamentary Under-Secretary of State,
Department of Social Security
18th April 1996