text:
PART I
GENERAL
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Occupational Pension Schemes (Investment) Regulations 1996 and shall come into force on 6th April 1997.
2
In these Regulations —
“the 1995 Act ” means the Pensions Act 1995;
“collective investment scheme” has the same meaning as in section 75 of the Financial Services Act 1986 but shall include arrangements of the types described in section 75(6)(a) and (c) of that Act;
“commencement date” means the date of coming into force of these Regulations;
“employer-related loan” has for the purposes of regulations 5, 7 and 8 the meaning given in regulation 5(3);
“group of companies” means a group of companies consisting of a holding company and one or more subsidiaries where “holding company” and “subsidiary” have the same meaning as in section 736 of the Companies Act 1985 ;
“insurance company” has the same meaning as in section 96 of the Insurance Companies Act 1982 ;
“member” has the same meaning as in section 124(1) of the 1995 Act;
“policy of insurance” means a contract the effecting of which constitutes the carrying on of long term business within the meaning of section 1(1) of the Insurance Companies Act 1982;
“recognised stock exchange” has the same meaning as in section 841 of the Taxes Act ;
“scheme” (except in the expression “collective investment scheme”) means an occupational pension scheme;
“Taxes Act” means the Income and Corporation Taxes Act 1988 ; and
“transaction at an undervalue” has the same meaning in relation to trustees and managers as it has in section 238(4) of the Insolvency Act 1986 in relation to a company to which that section applies.
3
A reference in these Regulations to a policy of insurance the effecting of which constitutes the carrying on of long term business falling within Class I or Class III of Schedule 1 to the Insurance Companies Act 1982 (classes of long term business) shall not include any contract the effecting of which is insurance business for the purposes of that Act only by virtue of section 95(c)(ii) of that Act (insurance business — contracts to manage the investments of pension funds).
4
In these Regulations, unless the context otherwise requires, a reference —
a
to a numbered regulation is to the regulation in these Regulations bearing that number;
b
in a regulation to a numbered paragraph is to the paragraph in that regulation bearing that number;
c
in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number.
PART II
RESTRICTIONS ON EMPLOYER-RELATED INVESTMENTS
Schemes to which regulation 5 applies
2
1
Subject to paragraph (2), regulation 5 applies to schemes —
a
which are either —
i
approved for the purposes of Chapter I of Part XIV of the Taxes Act (retirement benefit schemes) or are the subject of an application for such approval which has not been determined, or
ii
exempt from income tax by virtue of section 608 of that Act (exemption for superannuation funds approved before 6th April 1980); and
b
which have at least one member in the United Kingdom and either —
i
are established in the United Kingdom, or
ii
have one or more trustees resident in the United Kingdom.
2
Regulation 5 does not apply to schemes —
a
which have fewer than twelve members each of whom is a trustee of the scheme; and
b
the rules of which provide that, before any investment of the resources of the scheme is made in employer-related investments, each member shall agree in writing to the making of that investment.
Connected and associated persons
3
1
Section 249 of the Insolvency Act 1986 (connected persons) shall be modified in its application for the purposes of section 40 of the 1995 Act and these Regulations so that a company shall not be connected with another company solely by reason of one or more of its directors being a director of that other company.
2
Section 74 of the Bankruptcy (Scotland) Act 1985 (associated persons) shall be modified in its application for the purposes of section 40 of the 1995 Act and these Regulations to apply as if it contained the same provisions as sections 249 (as modified by paragraph (1)) and 435 of the Insolvency Act 1986.
Prescription of investments as employer-related investments
4
For the purposes of section 40(2)(e) of the 1995 Act the following are prescribed as employer-related investments —
a
the proportion attributable to the scheme’s resources (whether directly or through any intervening collective investment scheme) of any investments which —
i
have been made by the operator of any collective investment scheme, and which
ii
would have been employer-related investments if they had been made by the scheme;
b
any guarantee of, or security given to secure, obligations of the employer or of any person who is connected with, or an associate of, the employer and for the purposes of section 40 of the 1995 Act and these Regulations a guarantee or security given by the trustees or managers shall be regarded as an investment of resources of the scheme equal to the amount of the obligations guaranteed or secured;
c
any loan arrangement entered into with any person whereby the trustees’ or managers’ right to or expectation of repayment depends on the employer’s actions or situation unless it was not the trustees’ or managers’ purpose in entering into the arrangement to provide financial assistance to the employer;
d
where any of a scheme’s resources are invested in a policy of insurance the terms of which permit the premiums or other consideration for the rights acquired under the policy, or any monies otherwise credited to or for the benefit of the trustees or managers or the members, to be invested in a fund created only for the purposes of that policy, the proportion of the scheme’s resources invested in that policy which is the same proportion as B is of A where
A represents all the assets of the insurer held in the fund, and
B represents that part of A which would, if invested by the scheme, be employer-related investments; and
e
where any of a scheme’s resources are invested in a policy of insurance (not being resources invested in a fund created only for the purposes of that policy) the terms of which permit the trustees or managers or the employer to direct that some or all of the premiums or other consideration for the rights acquired under the policy, or any monies otherwise credited to or for the benefit of the trustees or managers or the members, are invested in employer-related investments, any investments made by the insurer from those premiums or other consideration or monies, which would have been employer-related investments if they had been made by the scheme.
Restrictions on employer-related investments
5
1
Subject to regulations 6 (investments to which restrictions do not apply), 7 (transitional provisions), 8 (loans that become employer-related) and 9 (multi-employer schemes) —
a
not more than five per cent. of the current market value of the resources of a scheme may at any time be invested in employer-related investments; and
b
none of the resources of a scheme may at any time be invested in any employer-related loan.
2
None of the resources of a scheme may at any time be invested in any employer-related investment the making of which involves the entering by the trustees or managers into a transaction at an undervalue where the agreement to enter into that transaction is made on or after the commencement date.
3
In this regulation and in regulations 7 and 8 “employer-related loan” means —
a
a loan mentioned in section 40(2)(d) of the 1995 Act (including, for the purposes of this regulation only, one which falls within section 40(2)(d) by virtue of section 40(3) of that Act);
b
a security mentioned in section 40(2)(a) of the 1995 Act which falls within paragraph 2 of Schedule 1 to the Financial Services Act 1986 (investments and investment business), except any such security which is listed on a recognised stock exchange; and
c
an employer-related investment prescribed as such by regulation 4(b) (guarantees and security) or 4(c) (third party lending arrangements).
Investments to which restrictions do not apply
6
1
Regulation 5(1) shall not restrict or prohibit investments to which this regulation applies.
2
This regulation applies to investments prescribed as employer-related investments by regulation 4(e) (but not to investments prescribed as employer-related investments by regulation 4(d)) where —
a
the effecting of the policy of insurance constitutes the carrying on of long term business falling within Class I or Class III of Schedule 1 to the Insurance Companies Act 1982 (classes of long term business); and
b
the policy of insurance is issued by an insurance company which is the employer and is —
i
an insurance company which is authorised under section 3 or 4 of the Insurance Companies Act 1982 (authorisation to carry on insurance business in the United Kingdom) to carry on ordinary long term insurance business as defined in that Act, or
ii
an EC company as defined in section 2(6) of that Act (restriction on carrying on insurance business) falling within paragraph (3), or
iii
a friendly society which is authorised under section 32 of the Friendly Societies Act 1992 (grant of authorisation by Commission: general) to carry on long term business under any of the Classes specified in Head A of Schedule 2 to that Act (activities of a friendly society: long term business).
3
An EC company falls within this paragraph if it —
a
carries on ordinary long term insurance business (as defined in the Insurance Companies Act 1982) in the United Kingdom through a branch in respect of which such of the requirements of Part I of Schedule 2F to that Act (recognition in the United Kingdom of EC and EFTA companies: EC companies carrying on business etc. in the United Kingdom) as are applicable have been complied with; or
b
provides ordinary long term insurance (within the meaning of that Act) in the United Kingdom and such of the requirements of Part I of Schedule 2F to the Insurance Companies Act 1982 as are applicable have been complied with in respect of the insurance.
4
This regulation applies to any employer-related investment of resources in an account (including a current, deposit or share account) with a building society as defined in the Building Societies Act 1986 or an institution authorised under Part I of the Banking Act 1987 .
5
This regulation applies to any employer-related investment of resources which derives from a member’s voluntary contributions and is invested in employer-related investments with the written agreement of the member who paid those contributions.
6
This regulation applies to sums due from the employer to the trustees by virtue of a provision in an order under section 7 of the 1995 Act such as is permitted by section 8(1) of that Act (orders appointing trustees may provide that certain sums to be treated as a debt due from the employer to the trustees).
7
This regulation applies to sums which fall or fell to be treated as debts due from the employer to the trustees or managers by virtue of —
a
section 59(2) of the 1995 Act (determination of contributions: supplementary — contributions remaining unpaid after the due date);
b
section 60(5) of the 1995 Act (serious underprovision–amount of shortfall not met by an increase in the value of the scheme assets);
c
section 75(1) of the 1995 Act (deficiencies in the assets);
d
section 88(2) of the 1995 Act (schedules of payments to money purchase schemes: supplementary — amounts not paid in accordance with the payment schedule); or
e
section 144(1) of the Pension Schemes Act 1993 (deficiencies in the assets of a scheme on winding up) ,
and to sums which would fall to be so treated by virtue of any of those sections were they not already debts due from the employer to the trustees or managers.
8
This regulation applies to any employer-related investment of resources in a policy of insurance so as to provide benefits in respect of the pensionable service of a member (whether or not that policy also relates to any other member) where —
a
the policy is specifically allocated to the provision of those benefits for that member or any other person mentioned or described in —
i
that policy, or
ii
the scheme rules or a nomination under the rules; and
b
the member has agreed in writing to his interest in the policy or contract being used as security for a loan to the employer or to a company associated with the employer and the Inland Revenue requirements concerning the loan have been satisfied; and
c
the policy is effected with an insurance company such as is mentioned in paragraph (2)(b)(i), (ii) or (iii).
9
For the purposes of regulation 4(a) the investments made by the operator of any collective investment scheme shall not be taken into account if —
a
the collective investment scheme in question is operated by a person who may lawfully carry on investment business in the United Kingdom (within the meaning of section 1(3) of the Financial Services Act 1986 (investments and investment business)) consisting of or including the operation of collective investment schemes; and
b
there are at least ten participants in the collective investment scheme in question; and
c
not more than ten per cent. of the assets of the collective investment scheme in question are attributable, whether directly or through any intervening collective investment scheme, to the scheme’s resources; and
d
not more than ten per cent. of the investments of the collective investment scheme in question are invested in securities falling within paragraph 1 of Schedule 1 to the Financial Services Act 1986 and issued by any one issuer.
10
All schemes in relation to which the respective employers are within the same group of companies shall be treated as —
a
a single participant, for the purposes of paragraph (9)(b); and
b
one scheme, for the purposes of paragraph (9)(c),
and for the purposes of paragraph (9)(d) all issues within a group of companies shall be treated as issued by a single issuer.
11
Subject to paragraph (12), where the disposal of assets on the winding up of a scheme would otherwise result in a contravention of these Regulations, any employer-related investments held before the commencement of the winding up may be retained while the scheme is being wound up, but there shall be no new investment in employer-related investments while the resources retained under this paragraph exceed five per cent. of the current market value of the resources of the scheme.
12
Paragraph (11) does not apply to permit the retention of —
a
employer-related investments which were, prior to the commencement of the winding up, held in contravention of these Regulations; or
b
employer-related loans to which regulation 7(2)(c) applies.
Transitional provisions
7
1
Where on the commencement date the resources of a scheme are invested in —
a
employer-related loans (including such loans as are mentioned in regulation 5(2)(a) of the Occupational Pension Schemes (Investment of Scheme’s Resources) Regulations 1992 (“the 1992 Regulations ”)) which were in being on 18th December 1996 and to which regulation 6 does not apply; or
b
other employer-related investments, to the extent that they exceed five per cent. of the current market value of the resources of the scheme, to which regulation 5(2)(d) of the 1992 Regulations applied immediately before the commencement date,
those investments may be retained in accordance with paragraph (2).
2
To the extent that the employer-related investments mentioned in paragraph (1) consist of —
a
employer-related loans to which regulation 5(2)(a) of the 1992 Regulations applied before the commencement date, they may, where by virtue of contractual or other legal obligations repayment cannot be required immediately, be retained until the earliest date on which repayment can be enforced;
b
securities of the type referred to in regulation 5(3)(b) which, immediately before the commencement date, were employer-related investments and —
i
regulation 5(2)(d) of the 1992 Regulations applied to them, or
ii
they were investments which did not contravene the 1992 Regulations,
they may be held until —
I
the 6th April 2002, or
II
if by virtue of contractual or other legal obligations, disinvestment cannot be effected by 6th April 2002, the earliest date on which disinvestment may be effected;
c
an employer-related loan the terms of which have, before 1st January 1996, been specifically approved by a court having jurisdiction in relation to the scheme as being in the interests of the members of the scheme, then, provided that the terms of the loan as so approved are not changed, such part of the loan, repayment of which cannot be required other than on the commencement of the winding up of the scheme, may be retained until the winding up of the scheme commences;
d
any employer-related loans to which sub-paragraphs (a) to (c) do not apply, they may be retained until the 6th April 2002 or, if by virtue of contractual or other legal obligations repayment cannot be required by that date, be retained until the earliest date on which repayment can be enforced;
e
other investments mentioned in paragraph (1)(b) (excluding, for the avoidance of doubt, investments in a collective investment scheme), they may be retained without limit of time.
3
If any investment referred to in paragraph (2) is listed on a recognised stock exchange it may be retained for a period of no more than six calendar months beginning with —
a
the date on which it was listed, if that date is on or after the commencement date; or
b
the commencement date, if the date on which it was listed is before the commencement date.
4
There shall be no new investment in employer-related investments while the resources of a scheme retained in employer-related investments (other than investments authorised by regulation 6) exceed five per cent. of the current market value of the resources of the scheme.
5
In this regulation —
“loans” does not include any sums regarded as loans under section 40(3) of the 1995 Act; and
“retained”, in relation to a loan, means left undischarged.
Loans that become employer-related
8
1
If either a loan or a security falling within paragraph 2 of Schedule 1 to the Financial Services Act 1986 becomes an employer-related loan on or after the commencement date as a result of a change in the ownership of the employer or the person to whom the loan was made, the loan or security may be retained until whichever is the latest of —
a
the date falling two years after the date on which it became an employer-related loan;
b
the 6th April 2002; or
c
where repayment cannot by virtue of contractual or other legal obligations be required or, in the case of securities, disinvestment effected before the latest of the dates mentioned in sub-paragraphs (a) and (b), the earliest date on which repayment can be enforced, or disinvestment effected.
2
In paragraph (1) —
a
“loan” does not include any sum regarded as a loan under section 40(3) of the 1995 Act; and
b
“retained” means left undischarged.
Multi-employer schemes
9
1
Where a scheme in relation to which there is more than one employer is divided into two or more sections and the provisions of the scheme are such that —
a
different sections of the scheme apply to different employers or groups of employers (whether or not more than one section applies to any particular employer or groups including any particular employer); and
b
contributions payable to the scheme by an employer, or by a member in employment under that employer, are allocated to that employer’s section (or, if more than one section applies to the employer, to the section which is appropriate in respect of the employment in question); and
c
a specified part or proportion of the assets of the scheme is attributable to each section and cannot be used for the purposes of any other section,
then this Part of these Regulations (excepting this regulation) shall apply as if each section of the scheme were a separate scheme.
2
Where —
a
a scheme which has been such a scheme as is mentioned in paragraph (1) is divided into two or more sections some or all of which apply only to members who are not in pensionable service under the section; and
b
the provisions of the scheme have not been amended so as to prevent the conditions mentioned in paragraph (1)(a) to (c) being satisfied in relation to two or more sections; but
c
those conditions have ceased to be satisfied in relation to one or more sections (whether before or after the commencement date) by reason only of there being no members in pensionable service under the section and no contributions which are to be allocated to it,
then this Part of these Regulations (excepting this regulation) shall apply as if the section in relation to which those conditions have ceased to be satisfied were a separate scheme.
3
Where there is more than one employer in relation to a scheme (other than a scheme to which paragraph (1) or (2) applies), and at least two of those employers are persons who are neither a company and a person connected with that company nor associates of each other —
a
regulation 5(1)(a) shall apply with the substitution for the words “employer-related investments” of the words “investments which are employer-related investments in relation to a particular employer and not more than twenty per cent. overall of that value may be invested in employer-related investments”; and
b
for regulation 7(4) there shall be substituted —
4
There shall be no new investment in employer-related investments while —
a
the resources of a scheme retained in investments which are employer-related investments in relation to a particular employer (other than investments authorised by regulation 6) exceed five per cent. of the current market value of the resources of the scheme; or
b
more than twenty per cent. overall of the current market value of the resources of the scheme is retained under this regulation in employer-related investments.
.
PART III
EXEMPTIONS FROM AND MODIFICATION OF REQUIREMENT TO OBTAIN STATEMENT OF INVESTMENT PRINCIPLES
Exemptions from section 35 of the 1995 Act
10
1
In this regulation “wholly insured scheme” means a trust scheme which has no investments other than policies of insurance the effecting of which constitutes the carrying on of long term business falling within Class I or Class III of Schedule 1 to the Insurance Companies Act 1982.
2
In relation to a trust scheme which has policies of insurance with more than one insurance company, a reference in this regulation to an insurance company shall be to any of the insurance companies with which a policy of insurance is taken out.
3
Section 35 of the 1995 Act (statement of investment principles) does not apply to a trust scheme which is —
a
neither approved for the purposes of Chapter I of Part XIV of the Taxes Act (retirement benefit schemes) nor the subject of an application for such approval which has not been determined;
b
a superannuation fund falling within section 615(6) of the Taxes Act;
c
a scheme which has fewer than twelve members each of whom is a trustee of the scheme and the rules of which provide that before any investment of the resources of the scheme is made each of the members shall agree in writing to the making of that investment;
d
a scheme in respect of which any Minister of the Crown has given a guarantee or made any other arrangements for the purposes of securing that the assets of the scheme are sufficient to meet its liabilities; or
e
a wholly insured scheme in respect of which the requirements set out in paragraph (4) are satisfied.
4
The requirements referred to in paragraph (3)(e) are that —
a
the policies of insurance constituting the investments of the scheme are taken out with an insurance company such as is mentioned in regulation 6(2)(b)(i), (ii) or (iii); and
b
the terms of the policies of insurance and the rules of the scheme, taken together, are such that the trustees have no discretion as to how any of the monies held by the insurance company for the benefit of the trustees, members or any other beneficiaries under the scheme (except monies held solely in order to provide benefits arising from voluntary contributions) are invested nor as to whether any assets purchased with such monies (except monies held solely in order to provide benefits arising from voluntary contributions) are retained or disposed of by the insurance company.
5
For the purposes of paragraph (1), “investments” shall not include —
a
cash held on deposit by the trustees or managers pending payment to the insurance company or to members of the scheme; or
b
cash held on deposit by the trustees or managers to meet accrued liabilities or administrative expenses; or
c
any investments arising from voluntary contributions.
6
The requirement in paragraph (4)(b) shall be deemed to be satisfied where the trustees may choose in which of a number of investment funds held by the insurance company monies held for the benefit of the trustees, members or other beneficiaries are invested provided that —
a
the trustees have no other discretion as to how those monies (except monies held solely in order to provide benefits arising from voluntary contributions) are invested nor as to whether any assets purchased with such monies (except monies held solely in order to provide benefits arising from voluntary contributions) are retained or disposed of by the insurance company; and
b
monies held by the insurance company for the benefit of the trustees, members or any other beneficiaries of more than one scheme are held in each such investment fund (and for the purposes of this paragraph if the employer in relation to one scheme is connected with or an associate of the employer in relation to another scheme those schemes shall be treated as one scheme); and
c
the investment management in relation to each such investment fund is undertaken by the insurance company without direction or influence by the trustees; and
d
no individual asset held in any such fund is attributed to monies invested for the benefit of the trustees, members or any other beneficiaries of any particular scheme.
Multi-employer schemes: modification of section 35 of the 1995 Act
11
1
In the application of section 35 of the 1995 Act to a scheme in relation to which there is more than one employer, the requirement imposed by paragraph (b) of subsection (5) —
a
where a person has been nominated by all the employers to act as their representative for the purposes of that paragraph, is to consult that person;
b
where no person has been so nominated but the employers have not all notified the trustees that they need not be consulted, is (subject to sub-paragraph (2)) to consult all the employers; and
c
where no person has been so nominated and the employers have all notified the trustees that they need not be consulted, does not apply.
2
Where the trustees specify a reasonable period (not being less than twenty eight days) within which they must receive representations from the employers, sub-paragraph (1)(b) does not require them to consider any representations received after the end of that period.
PART IV
AMENDMENTS
Amendments of the Occupational Pension Schemes (Minimum Funding Requirement and Actuarial Valuations) Regulations 1996
12
1
In paragraph (1)(b) of regulation 6 of the Occupational Pension Schemes (Minimum Funding Requirement and Actuarial Valuations) Regulations 1996 (excluded assets) after the words “or 75(1)” there shall be inserted the words “or under section 144(1) of the Pension Schemes Act 1993”.
2
For paragraphs (2) to (4) of that regulation there shall be substituted —
2
At any time after the transitional period, there shall also be excluded any resources which would fall into paragraph (1)(a) —
a
if their retention were not permitted by regulation 7 or 8 of the Occupational Pension Schemes (Investment) Regulations 1996; or
b
if regulation 9(3) of those Regulations were omitted.
3
In determining at any such time whether any resources fall within paragraph (1)(a) or (2), the current market value of the resources of the scheme for the purposes of regulation 5(1)(a) of those Regulations shall be taken not to include the value of any investment —
a
which is prohibited by regulation 5(1)(b) or (2) of those Regulations;
b
the retention of which is permitted by regulation 7 or 8 of those Regulations; or
c
which falls within paragraph (1)(b) or (c).
.
PART V
REVOCATIONS
Revocations
13
The regulations listed in column 2 of the Schedule (some of which are spent) are revoked to the extent specified in column 3 of the Schedule.
Signed by authority of the Secretary of State for Social Security.
Oliver Heald
Parliamentary Under-Secretary of State,
Department of Social Security
11th December 1996


type: legislation

jurisdiction: UK

text:
Title and commencement
1
This Order may be cited as the Code of Practice on Environmental Procedures for Flood Defence Operating Authorities (Internal Drainage Boards and Local Authorities) Approval Order 1996 and shall come into force on 1st January 1997.
Approval of Code of Practice
2
The Ministers approve the code of practice issued by them entitled “Code of Practice on Environmental Procedures for Flood Defence Operating Authorities” for the purpose of —
a
giving practical guidance —
i
to internal drainage boards with respect to the matters for the purposes of which sections 61A and 61C of the Land Drainage Act 1991 have effect, and
ii
to local authorities with respect to the matters for the purposes of which sections 61B and 61C of the Land Drainage Act 1991 have effect; and
b
promoting what appear to the Ministers to be desirable practices by internal drainage boards or, as the case may be, local authorities, with respect to those matters.
Tim Boswell
Parliamentary SecretaryMinistry of Agriculture, Fisheries and Food
4th December 1996
Signed by authority of the Secretary of State for Wales
Jonathan Evans
Parliamentary Under Secretary of State
Welsh Office
5th December 1996


text:
1
This Instrument may be cited as “the Leeds City Council (M1 Motorway Junction 46 Slip Road Connecting Road) Scheme 1992 Confirmation Instrument 1996” and shall come into force on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
2
The Leeds City Council (M1 Motorway Junction 46 Slip Road Connecting Road) Scheme 1992 (“the Scheme”) is hereby confirmed without modifications.
3
The Scheme as confirmed is set out in the Schedule hereto and copies of the Scheme with its accompanying plans are deposited at the offices of the Department of Transport and at the offices of Leeds City Council, Legal Services Room 213, Civic Hall, Leeds LS1 1UR and at the offices of the City Engineer, 2nd Floor, Dudley House, 133 Albion Street, Leeds LS2 8JX.
Signed by authority of the Secretary of State for Transport
Pamela Denham
Regional Director Government Office for the North East
22nd January 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Health Authorities Act 1995 (Amendment of Transitional Provisions and Modification of References) Order 1996 and shall come into force on 1st April 1996, immediately before the coming into force of the principal Order .
2
In this Order, “the principal Order” means the Health Authorities Act 1995 (Transitional Provisions) Order 1996 .
Amendment of principal Order
2
1
The principal Order shall be amended in accordance with the following paragraphs of this article.
2
In article 2 (transfer of officers employed by old authorities) after “Schedule 1” there is inserted “or Part I or III of Schedule 2”.
3
In article 4(1) (transfer of trust property) after “Schedule 1” there is inserted “or Part I of Schedule 2”.
4
In article 13 (lists of practitioners) —
a
in paragraph (1)(b) after “31st March” there is inserted “1996”; and
b
for paragraph (2) there are substituted the following paragraphs —
2
Any application made before 1st April 1996 to a Family Health Services Authority for the inclusion of a person’s name in any list of a kind referred to in paragraph (1) and which has not been determined by that date shall on and after that date be treated as having been made —
a
in the case of an application in relation to a list maintained under section 29 of the 1977 Act, to any Health Authority whose area includes any part of the proposed practice area specified in the application; and
b
in the case of an application in relation to any other list, to any Health Authority in whose area are located any premises at or from which the person in respect of whom the application is made proposes to provide services under Part II of the 1977 Act.
3
Any notice given before 1st April 1996 to a Family Health Services Authority of an intention on the part of any person to withdraw his name from any list of a kind referred to in paragraph (1) and which has not expired by that date shall on and after that date be treated as having been given to any Health Authority which maintain a list in which the name of that person is included by virtue of that paragraph.
4
In paragraphs (1) to (3) —
“Health Authority” means a Health Authority specified in column (2) of Schedule 1, or in column (2) or (3) of Schedule 2, in relation to the Family Health Services Authority in whose list the name was included or, as the case may be, to which the application was made or the notice was given; and
“practice area” has the same meaning as in the National Health Service (General Medical Services) Regulations 1992 .
5
Any payment which, on or before 31st March 1996, fell to be made by or in relation to a Family Health Services Authority in respect of any person providing services under Part II of the 1977 Act, but which was not made before that date, shall after that date be made by or in relation to —
a
the Health Authority which maintain the list in which, by virtue of paragraph (1), that person’s name is included on 1st April 1996; or
b
where there is more than one such Health Authority, then —
i
in the case of a Family Health Services Authority which is specified in column (1) in Part III or IV of Schedule 1, the Health Authority which is specified in column (2) of that Part in relation to that Family Health Services Authority, or
ii
in the case of a Family Health Services Authority which is specified in column (1) in Part III or IV of Schedule 2, the Health Authority which is specified in column (3) of that Part in relation to that Family Health Services Authority.
.
5
In article 14 (continuity in exercise of functions of old authorities) —
a
for paragraph (1) there are substituted the following paragraphs —
1
Subject to articles 13 and 17 and paragraphs (2) and (5), anything done on or before 31st March 1996 by or in relation to an old authority shall be treated after that date as if it had been done by or in relation to the relevant new authority.
1A
Paragraph (1) applies in particular to any of the matters specified in paragraphs (a) to (j) of paragraph 18(3) of Schedule 2 to the 1995 Act.
1B
In relation to a fund-holding practice, the relevant new authority shall be the relevant Health Authority as defined in section 15(1B) and (1C) of the 1977 Act.
; and
b
after paragraph (4) there is added the following paragraph —
5
Where on or before 31st March 1996 notice of a vacancy was given under regulation 12 of the National Health Service (General Medical Services) Regulations 1992 by a Family Health Services Authority in respect of a requirement for a medical practitioner to succeed to a practice which had been rendered vacant, and no determination has been made by the Medical Practices Committee before 1st April 1996 in respect of that vacancy, the notice shall be deemed to have been given by, and any application to succeed to the practice shall be deemed to have been made in relation to, the Health Authority in whose area there reside on 1st April 1996 —
a
all of the patients on the list of the medical practitioner whose practice had been rendered vacant, or
b
if the patients do not all reside in the area of the same Health Authority, the largest number of the patients on the list of that medical practitioner.
.
6
In article 15 (continuity in exercise of functions of Regional Health Authorities) for paragraph (1) there are substituted the following paragraphs —
1
Subject to article 20 and paragraph (2), anything done by or in relation to any Regional Health Authority shall be treated as if it had been done by or in relation to —
a
where the function in connection with which the thing was done is, on and after 1st April 1996, a function of the Secretary of State, the Secretary of State;
b
where the function in connection with which the thing was done is, on and after 1st April 1996, a function of a Health Authority, the Health Authority acting for the area in which there is situated the part of the Regional Health Authority’s region in relation to which the thing was done; and
c
where the function in connection with which the thing was done is, on and after 1st April 1996, a function of a Special Health Authority, that Special Health Authority.
1A
Paragraph (1) applies in particular to any of the matters specified in paragraphs (a) to (j) of paragraph 18(3) of Schedule 2 to the 1995 Act.
7
After article 15 there are inserted the following new articles —
Local Representative Committees
16
1
Anything done by or in relation to any Local Medical Committee, Local Dental Committee, Local Optical Committee or Local Pharmaceutical Committee which was, immediately before 1st April 1996, recognised by a Family Health Services Authority under section 44 of the 1977 Act in relation to its locality shall —
a
where that thing has been done in connection with a particular practitioner, be treated as having been done by or in relation to the corresponding committee recognised by any Health Authority which maintain a list in which the name of that practitioner is, by virtue of article 13(1), included on 1st April 1996 or (as the case may be) to which his application is, by virtue of article 13(2), treated as having been made; and
b
in any other case, be treated as having been done by or in relation to any corresponding committee which is recognised by any Health Authority acting for an area which includes any part of the locality of that Family Health Services Authority.
2
In this article —
“corresponding committee” means a Local Medical Committee, Local Dental Committee, Local Dental Committee, Local Optical Committee or Local Pharmaceutical Committee, as the case may be; and
“practitioner” means a person providing or seeking to provide services under Part II of the 1977 Act.
Pharmaceutical services
17
1
In this article, “ Pharmaceutical Regulations ” means the National Health Service (Pharmaceutical Services) Regulations 1992 ; and any reference in this article to a numbered regulation is to the regulation with that number in those Regulations, and expressions used in this article shall (unless the context otherwise requires) have the same meaning as in those Regulations.
2
Where an application made before 1st April 1996 under regulation 4(2) (but not determined by that date) is one to which regulation 4(3)(a) applied (or would have applied), the application shall continue to be so treated notwithstanding that it would not have been so treated if made to the relevant new authority on or after that date.
3
Where, in relation to an application made before 1st April 1996 —
a
the applicant notifies a Family Health Services Authority (before 1st April 1996) or notifies a Health Authority (on or after that date) of an intended change of premises, pursuant to regulation 4(10), and (in the case of notification to a Family Health Services Authority) the application has not been amended by 1st April 1996; and
b
the new premises are in the area of a different Health Authority from the relevant new authority for the purposes of the application originally granted; but
c
apart from that, the change would have been treated as a minor relocation,
then the change shall be treated by the different Health Authority referred to in paragraph (b) as a minor relocation notwithstanding that it would not have been so treated if the application had originally been made to that Authority.
4
Regulation 13 shall have effect in relation to appeals made on or after 1st April 1996 relating to determinations before that date under regulation 12 as if, in sub-paragraph (a) of paragraph (2), for the words from “whose name” to the end of paragraph (ii) there were substituted“to whom a copy of the application was sent in accordance with regulation 12(1)(c) or 12(2)(c), whose name is included in a medical or pharmaceutical list,”.
5
Subject to paragraph (6) below, where an application for preliminary consent has been finally granted under regulation 14 before 1st April 1996, but the location in respect of which the consent has been finally granted falls within the area of more than one Health Authority after that date —
a
an application under regulation 4(2) pursuant to the preliminary consent may be made to only one of those Health Authorities; and
b
once such an application has been made, the effect of the preliminary consent shall lapse as respects all the other Health Authorities to which the application could have been made.
6
In a case falling within regulation 15(2), the Health Authority to which the application under regulation 4(2) is made shall treat the application as one to change the location of the premises even where the two locations fall within the areas of different Health Authorities; and paragraphs (2) and (3) above shall accordingly also apply in such a case as they apply in the cases there referred to.
7
Where before 1st April 1996 a Family Health Services Authority has, by virtue of regulation 18(1A), determined a fee, allowance or other remuneration, that determination shall continue to have effect on and after that date in relation to the chemists to whom it applied as if it had been made by the relevant new authority, until whichever is the earlier of —
a
the date, if any, on which the Family Health Services Authority’s determination was expressed to expire; and
b
the date on which any new determination of the fee, allowance or other remuneration by the relevant new authority comes into force.
8
Where —
a
before 1st April 1996 a chemist had entered into an arrangement to provide supplemental services to such a home as is referred to in regulation 16(2)(a); but
b
on and after that date, the home is situated in the area of one Health Authority but the chemist’s name is included in the pharmaceutical list of a different Health Authority,
the chemist may (notwithstanding that fact) continue, until the expiry of the arrangement referred to in paragraph (a) or until 31st March 1997 (whichever is the earlier), to provide those supplemental services to that home and to be remunerated for doing so (at such rate, if any, as has effect by virtue of paragraph (7) above or is determined by the relevant new authority), as if the home were situated in the area of that different Health Authority.
General dental services
18
1
For the purposes of article 13(1)(b) and (2)(b), “premises”, in the case of a dentist who provides or (as the case may be) seeks to provide general dental services at a mobile surgery only, shall be construed as referring to the address at which correspondence in connection with such provision may be sent to him.
2
Where —
a
before 1st April 1996, the Dental Practice Board has written to a dentist pursuant to regulation 29(1) of the National Health Service (General Dental Services) Regulations 1992 contrasting his pattern of treatment with the local pattern of treatment of other dentists; but
b
has immediately before that date neither given a direction under regulation 29(2) of those Regulations nor determined not to give such a direction,
any comparison on or after 1st April 1996 between the dentist’s pattern of treatment and the local pattern of treatment of other dentists shall be made as if the word “local” continued to refer to the same geographical area as before.
National Health Service Tribunal
19
Any direction relating to a list of a Family Health Services Authority given before 1st April 1996 by the National Health Service Tribunal under section 46(2)(a) of the 1977 Act (or a corresponding direction given under the National Health Service Act 1946 ) shall, where the direction is still in force immediately before 1st April 1996, be treated on and after that date as relating to the corresponding list kept by —
a
in the case of a Family Health Services Authority specified in column (1) of Part III or IV of Schedule 1, the relevant new authority; or
b
in the case of a Family Health Services Authority specified in column (1) of Part III or IV of Schedule 2, all the Health Authorities specified in columns (2) and (3) in relation to that Family Health Services Authority, other than any such Health Authority in whose list the persons’s name is included on and after 1st April 1996 by virtue of article 13(1).
Fund-holding practices
20
1
In this article —
“the 1993 Regulations ” means the National Health Service (Fund-holding Practices) Regulations 1993 ;
“the 1996 Regulations ” means the National Health Service (Fund-holding Practices) Regulations 1996 ; and
“the relevant Health Authority” is to be construed in accordance with section 15(1B) and (1C) of the 1977 Act.
2
Where before 1st April 1996 recognition as a fund-holding practice was granted by a Regional Health Authority under regulation 5 of the 1993 Regulations, that fund-holding practice shall be treated on and after that date as if it had been recognised by the Secretary of State under regulation 5 of the 1996 Regulations.
3
Where before 1st April 1996 —
a
an application for recognition as a fund-holding practice under regulation 3 of the 1993 Regulations; or
b
an application for a change in fund-holding status under regulation 10A of the 1993 Regulations,
was made to a Regional Health Authority, that application shall be treated on and after that date as an application to the Secretary of State under (respectively) regulation 3 or regulation 10 of the 1996 Regulations.
4
Where, in relation to —
a
a refusal before 1st April 1996 of recognition as a fund-holding practice;
b
a removal before that date of such recognition; or
c
a determination before that date that any part of an allotted sum has been misapplied,
an appeal has or might have been brought under regulation 7(1), 17(1) or 25(6) (respectively) of the 1993 Regulations shall, notwithstanding their revocation by regulation 28 of the 1996 Regulations, continue to apply on and after 1st April 1996 in relation to any such appeals, except that the requirements in regulation 7(5), (7) and (11)(a) to notify the Regional Health Authority, and the provision in regulation 7(8) enabling the Regional Health Authority to be represented on any such appeal, shall not apply.
5
For the purposes of paragraph (4) above, the provisions of the National Health Service and Community Care Act 1990 referred to in paragraphs 73(c) and 75(b), (d) and (f) of Schedule 1 to the 1995 Act are hereby saved in relation to such appeals; except that section 16(5) of the 1990 Act shall have effect as if the reference to the relevant Regional Health Authority —
a
in connection with the making of payments, were to the relevant Health Authority; and
b
in connection with the determination of allotted sums, were to the Secretary of State.
6
Where before 1st April 1996 a fund-holding practice has obtained the consent of a Regional Health Authority under regulation 20(4) or (5), 23(2) or 24(2) of the 1993 Regulations, that consent shall be treated on and after that date as if it had been granted by the relevant Health Authority under regulation 20(6) or (7), 24(2) or 25(2) respectively of the 1996 Regulations.
.
8
In Schedule 3 (determination of relevant new authorities for old authorities specified in Schedule 2), in paragraph 1 after “purposes of” there is inserted “article 2 (transfer of officers), article 4 (transfer of trust property) and”.
Amendment and construction of references
3
1
In the Schedule to the Charing Cross and Westminster Medical School Act 1984 (Scheme for management and control of Medical School) —
a
in paragraph 4(1)(b) and (2) for “District Health Authorities” there is substituted “Health Authorities”; and
b
in paragraph 5(f) for “District Health Authority” there is substituted “Health Authority”.
2
In any instrument (including any instrument made under an enactment) or any other document having effect on or before 31st March 1996, unless the context otherwise requires, any reference (however expressed) to —
a
a District Health Authority, a Family Practitioner Committee or a Family Health Services Authority shall be construed as a reference to a Health Authority;
b
the district of a District Health Authority or the locality of a Family Practitioner Committee or Family Health Services Authority shall be construed as a reference to the area of a Health Authority;
c
a Regional Health Authority shall —
i
in so far as that reference is made in connection with a function of a Regional Health Authority which is after 31st March 1996 a function of the Secretary of State, be construed as a reference to the Secretary of State,
ii
in so far as that reference is made in connection with a function of a Regional Health Authority which is after 31st March 1996 a function of a Health Authority, be construed as a reference to a Health Authority, and
iii
in so far as that reference is made in connection with a function of a Regional Health Authority which is after 31st March 1996 a function of a Special Health Authority, be construed as a reference to that Special Health Authority; and
d
the region of a Regional Health Authority shall, where that reference is made in connection with a function of a Regional Health Authority which is after 31st March 1996 a function of a Health Authority, be construed as a reference to the area of a Health Authority.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State,
Department of Health
29th March 1996


text:
Citation and Commencement
1
These Regulations may be cited as the Motor Vehicles (Type Approval for Goods Vehicles) (Amendment) Regulations 1996 and shall come into force on 1st October 1996.
Preliminary
2
The Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) Regulations 1982 shall be further amended in accordance with the following provisions of these Regulations.
Amendments to regulation 3 (interpretation)
3
In regulation 2(1), after the definition of “dual purpose vehicle” there shall be inserted the following definitions —
“emissions or noise item” means an item in Part I of Schedule 1 in respect of which the subject matter specified in column (2) of that Part is “exhaust emissions” or “noise and silencers;”;
“Framework Directive vehicle” means a vehicle to which these Regulations apply and is a “vehicle” within the meaning of Council Directive 70/156/ EEC as amended by Council Directive 87/403/EEC , Council Directive 92/53/EEC and Commission Directive 93/81;
.
Amendments to regulation 4
4
1
Regulation 4 shall be amended as follows.
2
In paragraph (2A), there shall be inserted at the beginning the words “Subject to paragraph (4B),” and the words after sub-paragraph (b) shall be omitted.“”.
3
In paragraph (4A), for the words “items” onwards there shall be substituted the words “any emissions or noise item”.
4
After paragraph (4A) there shall be inserted the following paragraph —
4B
No emissions or noise item shall apply to a Framework Directive vehicle on or after the date specified in column (6) of the item.
.
5
At the end of paragraph (5) there shall be added the words “; and for the purposes of this paragraph, items 5A and 5B shall be regarded as items having the same subject matter”.
6
For paragraph (14) there shall be substituted —
14
Schedules 1B and 1C (which treat certain emissions or noise items as if in certain circumstances specified dates were substituted for the entries in columns (5) and (6)) shall have effect.
.
Amendments to Schedule 1
5
1
Part I of Schedule 1 shall be amended as follows.
2
In items 1 and 1A, there shall be inserted in column (6) “1.10.1996”.
3
For item 2G, there shall be substituted —
2G Exhaust emissions
Council Directive 88/77/EEC of 3 December 1987 as amended by Council Directive 91/542/EEC of 1 October 1991
or
ECE Regulation 49 of 15 April 1982 as amended on 14 May 1990 and 30 December 1992
L36, 9.2.88, p.33, L295, 25.10.91, p.1. Design, construction and equipment requirements in Annex I, paragraph 6 (excluding line B in the Table in sub-paragraph 6.2.1).
1
Vehicles propelled by spark ignition engines.
2
Vehicles with less than 4 wheels if they are constructed not to exceed a speed of 30 mph on the level under their own power or if they have an unladen weight of less than 400kg.
3
Vehicles fuelled by liquid petroleum gas.
1.7.1992 1.10.1996 (but see regulation 4(14) and Schedule 1C) Design, construction and equipment requirements in paragraphs 5 and 6 (excluding line B in the Table in sub-paragraph 5.2.1). 1.10.1993 1.10.1996 (but see regulation 4(14) and Schedule 1C)
4
After item 2J, there shall be inserted the following items —
2K Exhaust emissions
Council Directive 88/77/EEC of 3 December 1987 as amended by Council Directive 91/542/EEC of 1 October 1991
or
ECE Regulation 49 of 15 April 1982 as amended on 14 May 1990 and 30 December 1992
L36, 9.2.88, p.33 and l295, 25.10.91, p.1. Design, construction and equipment requirements in Annex I, paragraph 6 (excluding line A in the Table in sub-paragraph 6.2.1).
1
Vehicles propelled by spark ignition engines.
2
Vehicles with less than 4 wheels if they are constructed not to exceed a speed of 30 mph on the level under their own power or if they have an unladen weight of less than 400kg.
3
Vehicles fuelled by liquid petroleum gas.
1.7.1992 Design, construction and equipment requirements in paragraphs 5 and 6 (excluding line A in the Table in sub-paragraph 5.2.1). 1.10.1993 2L Exhaust emissions Council Directive 88/77/EEC of 3 December 1987 as amended by Council Directive 91/542/EEC of 1 October 1991 and European Parliament and Council Directive 96/1 of 22 January 1996 L36, 9.2.88, p.33, L295, 25.10.91, p.1 and L40 17.2.96, p1 Design, construction and equipment requirements in Annex I, paragraph 6 (excluding line A in the Table in sub-paragraph 6.2.1).
1
Vehicles having —
a
an engine with a cylinder capacity of not less than 700cc; and
b
a rated power speed (within the meaning of Council Directive 88/77/EEC amended as specified in column 3(a)) of more than 3,000 revolutions per minute.
2
Vehicles propelled by spark ignition engines.
3
Vehicles with less than 4 wheels if they are constructed not to exceed a speed of 30 mph on the level under their own power or if they have an unladen weight of less than 400kg.
4
Vehicles fuelled by liquid petroleum gas.
1.10.96 1.10.1997
5
In item 4F, in column (6), there shall be inserted the words “1.1.97, (but see regulation 4(14) and Schedule 1C)”.
6
After item 4F there shall be inserted the following item —
4G Noise and Silencers Council Directive 70/157/EEC of 6 February 1970 as amended by Commission Directive 73/350/EEC of 7 November 1973, Council Directive 77/212/EEC of 8 March 1977, Commission Directives 81/334/EEC of 13 April 1981, 84/372/EEC of 3 July 1984 and Council Directives 84/424/EEC of 3 September 1984 and 92/97/EEC of 10 November 1992 and Commission Directive 96/20/ EC of 27 March 1996. L42, 23.2.70, p.16 (SE 1970(I), p.111), L321, 22.11.73, p.33, L66, 12.3.77, p.33, L131, 18.5.81, p.6, L196, 26.7.84, p.47, L238, 6.9.84, p.31, L371, 19.12.92, p.1 and L92, 13.4.96, p.23. Design, construction and equipment requirements in Annex I, paragraph 5. Marking requirements in Annex I, paragraph 3. 1.10.1996
7
After item 5A, there shall be inserted the following item —
5B Electro-magnetic compatibility of vehicles Commission Directive 95/54/EC of 31.10.1995 L266, 8.11.95, p.1 Design and construction requirements in Annex I paragraphs 6 and 8. Marking requirements in Annex I, paragraph 5. Vehicles not propelled by spark ignition engines. 1.10.96
Amendments to Schedule 1B
6
1
Schedule 1B shall be amended as follows.
2
For paragraphs 1 and 1A in Part I, there shall be substituted —
1
This Schedule has effect subject to Schedule 1C.
1A
Where an entry in column (5) or (6) of an item in Part I of Schedule 1 comprises the words “See regulation 4(14) and Schedule 1B” these Regulations shall have effect as if for that entry there were substituted the date determined in accordance with the following provisions of this Schedule.
.
3
In the Table in Part II —
a
in the heading to column (1) after the words “Item in” there shall be inserted the words “Part I of”; and
b
in items 4D(4) and 4E in column (2) for the words “All vehicles” there shall in each case be substituted “All vehicles having 4 or more wheels”.
4
In that Table in column (4)(b) —
a
in the entry relating to item 2I in Part I of Schedule 1, for “31.12.1996” there shall be substituted “1.1.1997”; and
b
in the entry relating to item 4E in that Part, for “30.9.1996” there shall be substituted “1.10.1996”.
5
Parts III and IV of Schedule 1B shall be omitted.
New Schedule 1C
7
After Schedule 1B there shall be inserted Schedule 1C as set out in the Schedule to these Regulations.
Signed by authority of the Secretary of State for Transport
John Bowis
Parliamentary Under Secretary of State,
Department of Transport
9th September 1996


text:
1
This Order may be cited as The Hinckley College (Dissolution) Order 1996 and shall come into force on 1st March 1996.
2
On 1st March 1996 Hinckley College shall be dissolved and all of its property, rights and liabilities shall be transferred to North Warwickshire College of Technology and Art, Nuneaton, being a body corporate established for purposes which include the provision of educational facilities or services.
3
Section 26(2), (3) and (4) of the Act shall apply to any person employed by Hinckley College immediately before 1st March 1996 as if the references in that section —
a
to a person to whom that section applies were to a person so employed;
b
to the operative date were to 1st March 1996;
c
to the transferor were to Hinckley College; and
d
to the corporation were to North Warwickshire College of Technology and Art, Nuneaton.
James Paice
Parliamentary Under Secretary of State,
Department for Education and Employment
7th February 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the University Hospital of Wales Healthcare National Health Service Trust (Transfer of Trust Property) Order 1996 and shall come into force on 1st April 1996.
2
In this Order —
“the Authority” means South Glamorgan Health Authority;
“the Trust” means the University Hospital of Wales Healthcare 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 1st February 1996, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of Trust Property
2
On 1st April 1996 the trust property shall be transferred from the Authority to the Trust.
William Hague
Secretary of State for Wales
4th March 1996


text:
Title and commencement
1
This Order may be cited as the Sea Fish Industry Authority (Levy) Regulations 1995 Confirmatory Order 1996 and shall come into force on 1st March 1996.
Confirmation
2
1
The Regulations, having been modified in the manner specified in paragraph (2) below, are hereby confirmed and are set out in the Schedule to this Order.
2
The modifications mentioned in paragraph (1) above are as follows —
a
in regulation 2, for the definition of “canned or bottled fish”, there shall be substituted the following definition —
“canned or bottled fish” means fish or sea fish products packed in an hermetically sealed container which is processed to inhibit microbial growth at ambient temperature,
in regulation 4(1) after the words “by every person” there shall be inserted the words “engaged in the sea fish industry”.
Revocation
3
The Sea Fish Industry Authority (Levy) Regulations 1988 Confirmatory Order 1989 and the Sea Fish Industry Authority (Levy) (Amendment) Regulations 1992 Confirmatory Order 1992 are hereby revoked.
Tony Baldry
Minister of State,Ministry of Agriculture, Fisheries and Food
30th January 1996
Raymond S. Robertson
Parliamentary Under Secretary of State,
Scottish Office
18th January 1996
Signed by authority of the Secretary of State for Wales
Rod Richards
Parliamentary Under Secretary of State,
Welsh Office
19th January 1996
Patrick Mayhew
Secretary of State for Northern Ireland
26th January 1996


text:
1
These Regulations may be cited as the Taxes (Interest Rate) (Amendment No. 2) Regulations 1996 and shall come into force on 6th June 1996 —
2
In regulation 5(1) of the Taxes (Interest Rate) Regulations 1989 .
a
for “6th February 1996” there shall be substituted “6th June 1996”;
b
for “7.25 per cent per annum” there shall be substituted “7 per cent per annum”.
Derek Conway
Simon Burns
Two of the Lords Commissioners of Her Majesty’s Treasury
16th May 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Horton General Hospital National Health Service Trust (Transfer of Trust Property) Order 1996 and shall come into force on 31st July 1996.
2
In this Order —
“the Authority” means the Oxfordshire Health Authority;
“the Trust” means the Horton General Hospital 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 1st April 1996, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 31st July 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
8th July 1996


text:
1
1
This Order may be cited as the A16 Trunk Road (Fotherby Bypass) Order 1996 and shall come into force on 12th April 1996.
2
In this Order all measurements of distance are measured along the route of the relevant highway.
2
The new highway which the Secretary of State proposes to construct along the route described in Schedule 1 to this Order shall become a trunk road from the date when this Order comes into force.
3
The centre line of the new trunk road is indicated by a heavy black line on the plan numbered HA10/EM 101, marked “The A16 Trunk Road (Fotherby Bypass) Order 1996”, signed by authority of the Secretary of State for Transport and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY.
4
The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk road that —
a
where the highway is maintained at the public expense by a local highway authority, the part in question shall be maintainable by that authority, and
b
where the highway is not so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the new trunk road is opened for traffic.
5
The length of the Trunk Road described in Schedule 2 to this Order, and shown by broad black dashes on the deposited plan, shall cease to be a trunk road as from the date on which the Secretary of State notifies the Lincolnshire County Council that the new trunk road is open for traffic.
6
In this Order —
i
“the new trunk road” means the new highway which the Secretary of State proposes to construct referred to in article 2 of this Order; and
ii
“the Trunk Road” means the A16 Trunk Road.
Signed by authority of the Secretary of State for Transport
W. S. C. Wadrup
Director, Midland Network, Management Division, The Highways Agency
25th March 1996


text:
Citation and commencement
1
This Order may be cited as the Educational Endowments (Central Region) Transfer Scheme Order 1996 and shall come into force on 1st April 1996.
Making of Scheme
2
The Scheme set out in the Schedule to this Order shall have effect.
Raymond S Robertson
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
26th February 1996


text:
Citation and commencement
1
1
These Regulations may be cited as the A1 (Old Craighall Roundabout to East of Haddington) Special Road Regulations 1996 and shall come into force on the date declared by the Secretary of State as traffic authority by notice in accordance with the Special Roads (Notice of Opening) (Scotland) Regulations 1964 to be the date on which the special road specified in paragraph (2) below is open for use as a special road.
2
The special road referred to in paragraph (1) above is the special road authorised to be provided by–
a
the Edinburgh-Berwick Upon Tweed Trunk Road (A1) Old Craighall Roundabout to East of Haddington Special Road Scheme 1994 ; and
b
the Edinburgh-Berwick Upon Tweed Trunk Road (A1) Old Craighall Roundabout to East of Haddington Special Road Scheme (No.2) 1994 .
Speed Limit
2
No person shall drive any vehicle at a speed exceeding 70 mph on the special road specified in regulation 1(2) above.
James Douglas-Hamilton
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
17th September 1996


text:
Title and commencement
1
This Order may be cited as the Plant Health (Great Britain) (Amendment) Order 1996 and shall come into force on 1st February 1996.
Amendment of the Plant Health (Great Britain) Order 1993
2
The Plant Health (Great Britain) Order 1993 shall be amended in accordance with the provisions of articles 3 to 10 below.
3
In article 2(1) (interpretation) after the definition of “Directive 77/93/ EEC ” there shall be added the following definition —
“Directive 95/44/ EC ” means Commission Directive 95/44/EC establishing the conditions under which certain harmful organisms, plants, plant products and other objects listed in Annexes I to V to Council Directive 77/93/EEC may be introduced into or moved within the Community or certain protected zones thereof, for trial or scientific purposes and for work on varietal selections;
4
After article 30 there shall be added the following new article —
Licences for trial or scientific purposes and for work on varietal selections
30A
1
On receipt of an application containing the information set out in article 1(2) of Directive 95/44/EC and on being satisfied that the general conditions set out in Annex I to Directive 95/44/EC are fulfilled, the appropriate Minister shall by licence authorise the importation, movement or keeping of any plant pest, plant, plant product or other object for activities for trial or scientific purposes or for work on varietal selections where such importation, movement or keeping would otherwise be prohibited by this Order, and it shall not be an offence to import, move or keep anything under the authority of such a licence.
2
A licence granted under paragraph (1) above shall be subject to —
a
the conditions laid down in article 2(2) of Directive 95/44/EC to the extent that they are relevant to any plant pest, plant, plant product or other object that is the subject of the activities to which the licence relates;
b
such conditions specifying quarantine measures under paragraph 2(a) of Annex I to Directive 95/44/EC as the appropriate Minister may determine;
c
such conditions specifying further quarantine measures under paragraph 2(b) of Annex I to Directive 95/44/EC as the appropriate Minister may determine; and
d
in respect of a plant pest which is not listed in this Order, such additional conditions as the appropriate Minister may specify.
3
At the conclusion of any activities to which a licence granted under paragraph (1) above relates the licensee shall —
a
subject to paragraph (4) below, destroy or sterilise any plant pest, plant, plant product or other object that was the subject of the activities and any other plant, plant product or other object which has come into contact with or which may have been contaminated by any such plant pest, plant, plant product or other object; and
b
sterilise, or clean in such other manner as may be specified by an inspector, the premises and facilities at which the activities were undertaken.
4
An inspector may authorise the licensee to refrain from destroying any plant, plant product or other object under paragraph (3)(a) above if he is satisfied that it has been subjected to appropriate quarantine measures and that it has been found by testing in such manner as may be specified by an inspector to be free from plant pests listed in this Order and from other plant pests considered by the inspector issuing the authority to pose a risk.
5
For the purposes of paragraph (2) above, references to the responsible official body in article 2(2) of, and Annex I to, Directive 95/44/EC shall be taken to refer to the appropriate Minister.
6
In paragraph (4) above “appropriate quarantine measures” means —
a
in relation to plants for which quarantine measures are specified in Part A of Annex III to Directive 95/44/EC , those measures; and
b
in relation to other plants and to plant products and other objects, such quarantine measures as may be specified by an inspector.
.
5
In Schedule 2, Part B, section (d), for the entry in the second column there shall be substituted the following —
Fruits of Citrus L., Fortunella Swingle, Poncirus Raf. and their hybrids, with leaves and peduncles
.
6
In Schedule 4, Part A, section 2, item number 31.2 shall be deleted.
7
In Schedule 4, Part B, for item number 31 there shall be substituted the following —
31. Fruits of Citrus L., Fortunella Swingle, Poncirus Raf. and their hybrids originating in E and F (except Corsica)
Without prejudice to the requirements applicable to the fruit in Schedule 4A2 (31.1):
the fruits shall be free from leaves and peduncles, or
in the case of fruits with leaves or peduncles, official statement that the fruits are packed in closed containers which have been officially sealed and shall remain sealed during their transport through a protected zone, recognised for these fruits, and shall bear a distinguishing mark to be reported on the passport
EL, F (Corsica), I, P
8
In Schedule 5, Part AI, for item number 1.6 there shall be substituted the following —
Fruits of Citrus L., Fortunella Swingle, Poncirus Raf. and their hybrids, with leaves and peduncles
.
9
In Schedule 8, section (d), for the entry in the second column opposite item number 4 there shall be substituted the following —
Citrus tristeza virus (European isolates) harmful to fruits of Citrus L., Fortunella Swingle, Poncirus Raf. and their hybrids, with leaves and peduncles
.
10
In Schedule 16 there shall be inserted at the end of the following —
Commission Directive 95/44/EC OJ No. L184, 3.8.95, p.34. Commission Directive 95/65/EC OJ No. L308, 21.12.95, p.75. Commission Directive 95/66/EC OJ No. L308, 21.12.95, p.77.
Tim Boswell
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
10th January 1996
Lindsay
Parliamentary Under Secretary of State, Scottish Office
8th January 1996
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
9th January 1996


text:
1
1
These Regulations may be cited as the Teachers (Compensation for Redundancy and Premature Retirement) (Amendment) Regulations 1996 and shall come into force on 1st December 1996.
2
In these Regulations “the principal Regulations ” means the Teachers (Compensation for Redundancy and Premature Retirement) Regulations 1989 .
2
The principal Regulations shall be further amended in accordance with regulations 3 to 5 below.
3
In regulation 11 (duration of compensation on death) —
a
for paragraph (1) there shall be substituted the following paragraph —
1
Subject to paragraph (4) a person’s short-term compensation under regulation 9 is payable from the day after day that of the death, and the duration of the short-term compensation shall be ascertained from the table below.
TABLE
Category Person entitled to short-term compensation Duration of compensation (months)
1. Spouse or nominated beneficiary 3 2. One child or more where an adult compensation is payable 3 3. One child or more where no adult compensation is payable 6
In the table above “adult compensation” means short-term compensation payable to a spouse or nominated beneficiary.
; and
b
paragraph (1A) shall be omitted.
4
In regulation 12(6) (redundancy payments) for the table there shall be substituted the table set out below:
TABLE
Age last birthday Amount (£) of reduction per £100 of difference between lump sum compensation and relevant amount Men Women
50 5.93 5.43 51 6.00 5.47 52 6.08 5.53 53 6.18 5.61 54 6.30 5.72 55 6.44 5.84 56 6.59 5.97 57 6.75 6.11 58 6.92 6.25 59 7.10 6.39 60 7.29 6.54 61 7.50 6.70 62 7.73 6.87 63 7.97 7.05 64 8.22 7.24
5
For regulation 15 (new employment) there shall be substituted the following regulation —
New employment
15
1
References in this regulation to regulation E14 are references to regulation E14 of the Superannuation Regulations .
2
This regulation applies while a credited teacher is in employment falling within regulation E14(1)(a) or (b) (“new employment”); but if he is concurrently both in employment falling within regulation E14(1)(a) and in other new employment it applies only in respect of the former.
3
Where this regulation applies —
a
while the assumed retirement pension would fall to be reduced under regulation E14(3), no annual compensation is to be paid, and
b
while sub-paragraph (a) does not apply, the rate of his annual compensation is to be reduced by the excess (if any) of (A+G+H) over (C+D−E) where A, C, D and E are the same as in regulation E4(3) and —
G is the full annual rate of his annual compensation, and
H is the annual rate of the assumed retirement pension.
4
For the purposes of paragraph (3) —
a
regulation E14(3) is in every case to be construed as if the former employment were pensionable employment, and
b
if the credited teacher has more than one entitlement to annual compensation, G comprises his total annual compensation but each component is to be reduced only in the proportion which it bears to that total.
6
1
The amendment made to regulation 11 of the principal Regulations shall not apply in relation to compensation payable in respect of a person who died before 1st December 1996.
2
The amendment made to regulation 12(6) of the principal Regulations shall not apply in relation to a person where the material date in relation to that person is before 1sr December 1996.
Cheryl Gillan
Parliamentary Under Secretary of State,
Department for Education and Employment
24th October 1996
We consent,
Michael Bates
Patrick McLoughlin
Two of the Lords Commissioners of Her Majesty’s Treasury
29th October 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North Tees Health National Health Service Trust (Transfer of Trust Property) Order 1996 and shall come into force on 15th August 1996.
2
In this Order —
“the first Trust” means the Southmead Health Services National Health Service Trust;
“the second Trust” means the North Tees Health 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 20th November 1995, which schedule has been signed on behalf of both the first Trust and the second Trust.
Transfer of trust property
2
On 15th August 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
17th July 1996


text:
Citation and commencement
1
These Regulations may be cited as the Child Benefit (General) Amendment Regulations 1996 and shall come into force on 7th October 1996.
Amendment of the Child Benefit (General) Regulations 1976
2
After regulation 14A of the Child Benefit (General) Regulations 1976 , there shall be inserted the following regulation —
Prescribed conditions relating to persons subject to immigration control
14B
The prescribed conditions for the purposes of section 146A of the Social Security Contributions and Benefits Act 1992 (entitlement of person subject to immigration control to child benefit) are that a person subject to immigration control is —
a
a person recorded by the Secretary of State as a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 , as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967 ;
b
a person who has been granted exceptional leave outside the provisions of the immigration rules within the meaning of the Immigration Act 1971 to remain in the United Kingdom by the Secretary of State;
c
a national, or a member of the family of a national, of a State contracting party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 7th March 1993 ;
d
a person who is —
i
lawfully working in Great Britain and is a national of a state with which the Community has concluded an Agreement under Article 238 of the Treaty establishing the European Community providing, in the field of social security, for the equal treatment of workers who are nationals of the signatory State and their families, or
ii
a member of the family of, and living with, such a person;
e
a person in respect of whom there is an Order in Council under section 179 of the Social Security Administration Act 1992 giving effect to a reciprocal agreement which, for the purposes of child benefit, has the effect that periods of presence or residence in another country are to be treated as periods of presence or residence in Great Britain.
.
Saving
3
Where child benefit is being paid to a person immediately before the coming into force of these Regulations, the Child Benefit (General) Regulations 1976 shall, until such time as his entitlement to that benefit is reviewed under section 25 of the Social Security Administration Act 1992, have effect as if regulation 2 of these Regulations had not been made.
Signed by authority of the Secretary of State for Social Security.
Alistair Burt
Minister of State,Department of Social Security
9th September 1996


text:
1
This Order may be cited as the Double Taxation Relief (Taxes on Income) (Finland) Order 1996.
2
It is hereby declared —
a
that the arrangements specified in the Protocol set out in Part I of the Schedule to this Order and in the Exchange of Notes constituting an Agreement set out in Part II of that Schedule, which vary the arrangements set out in the Schedule to the Double Taxation Relief (Taxes on Income) (Finland) Order 1970 , as amended by the arrangements set out in the Schedule to the Double Taxation Relief (Taxes on Income) (Finland) Order 1973 , by the arrangements set out in the Schedule to the Double Taxation Relief (Taxes on Income) (Finland) Order 1980 , by the arrangements set out in the Schedule to the Double Taxation Relief (Taxes on Income) (Finland) Order 1985 and by the arrangements set out in the Schedule to the Double Taxation Relief (Taxes on Income) (Finland) Order 1991 , have been made with the Government of the Republic of Finland with a view to affording relief from double taxation in relation to income tax, corporation tax, petroleum revenue tax or capital gains tax and taxes of a similar character imposed by the laws of Finland; and
b
that it is expedient that those arrangements should have effect.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Merchant Shipping (Fees) (Amendment) Regulations 1996 and shall come into force on 1st November 1996.
Amendment of Regulations
2
1
The Merchant Shipping (Fees) Regulations 1995 shall be amended as follows.
2
In regulation 4(1)(f) the words “to British Telecommunications plc” shall be omitted.
3
In Schedule 1, Part 1 —
a
in the table in paragraph 1(2) —
i
in section F in the column `Amended by S.I. ', for the entry `Fishing Vessels (Safety Provisions) Rules 1975 there shall be inserted “ 1996/2419 ”.
ii
section H shall be omitted.
iii
in section K for the title and number —
Merchant Shipping (Prevention of Oil Pollution) Regulations 1983 1398 1985/2040 1992/98 1993/1680 1994/2085
there shall be substituted the following title and number:
Merchant Shipping (Prevention of Oil Pollution) Regulations 199 2154
iv
in section M in the column “Amended by S.I.”, for the entry in the section there shall be inserted “ 1996/2418 ”.
b
in paragraph 2(2) —
i
the words “by British Telecommunications plc” shall be omitted;
ii
in sub-paragraph (a) for “£50” there shall be substituted the words “£23 for fishing vessels and £26 for other ships”;
iii
in sub-paragraph (b) for the words “£82 for fishing vessels, and £100 for other ships” there shall be substituted “£32”.
c
in paragraph 4(6) —
i
the words “by British Telecommunications plc” where they first appear shall be omitted;
ii
for the words “British Telecommunications plc” where they appear for the second time there shall be substituted the words “the appropriate Certifying Authority (within the meaning of those Rules)”.
Signed by authority of the Secretary of State for Transport
Goschen
Parliamentary Under Secretary of State,
Department of Transport
10th October 1996
We consent to the making of these Regulations
Michael Bates
Roger Knapman
Two of the Lords Commissioners of Her Majesty’s Treasury
14th October 1996