text:
PART I
GENERAL
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Health Authorities (Membership and Procedure) Regulations 1996 and shall come into force on 1st April 1996.
2
In these Regulations, unless the context otherwise requires —
“the 1977 Act ” means the National Health Service Act 1977;
“appointed officer member” means an officer member who is appointed in accordance with regulation 2(4)(b);
“appointing authority” means, in relation to an appointed officer member of an Authority , the persons responsible for his appointment in accordance with the Schedule;
“Authority” means a Health Authority;
“discipline committee” means a medical, dental, ophthalmic or pharmaceutical discipline committee or a joint disciplne committee established under the National Health Service (Service Committee and Tribunal) Regulations 1992 ;
“health service body” means —
an Authority, a Special Health Authority or an NHS trust;
a Health Board or Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978 , or the Scottish Dental Practice Board, the Common Services Agency for the Scottish Health Service or an NHS Trust respectively constituted under sections 4, 10 and 12A of that Act;
The Dental Practice Board;
The Public Health Laboratory Service Board; and
the National Radiological Protection Board established by section 1 of the Radiological Protection Act 1970 ;
“medical audit committee” means a committee whose functions are concerned with the analysis of the quality of medical care;
“member”, in relation to an Authority, does not include its chairman, and “members” and“membership” shall be construed accordingly;
“non-officer member” means a member of an Authority who is appointed under paragraph 1(b) of the Schedule;
“officer member” means a member of an Authority who is a member by virtue of paragraph 1(c) of the Schedule;
“Part II services” means general medical services, general dental services, general ophthalmic services or pharmaceutical services under the 1977 Act;
“the Schedule” means Part I of Schedule 5 to the 1977 Act ;
“service committee” means a medical, dental, ophthalmic or pharmaceutical service committee, a joint services committee or a denture conciliation committee established under the National Health Service (Service Committees and Tribunal) Regulations 1992;
“shares” means shares in the share capital of a company or other body or the stock of a company or other body;
“trade union” has the meaning assigned to it by section 1 of the Trade Union and Labour Relations (Consolidation) Act 1992 ; and
“the Tribunal” means the Tribunal constituted under section 46 of the 1977 Act .
3
In regulation 16 —
“public body” includes any body established for the purpose of carrying on, under national ownership, any industry or part of any industry or undertaking, the governing body of any university, university college or college, school or hall of a university and the National Trust for Places of Historic Interest or Natural Beauty incorporated by the National Trust Act 1907 ;
“securities” means —
shares or debentures, whether constituting a charge on the assets of the company or other body or not, or rights or interests in any shares or such debentures; or
rights (whether actual or contingent) in respect of money lent to or deposited with, any industrial and provident society or building society.
PART II
MEMBERSHIP
Membership of Authorities
2
1
The prescribed maximum number of non-officer members to be appointed to an Authority for the purposes of paragraph 1(b) of the Schedule shall be seven.
2
Where, in the case of an Authority specified in the first column of Schedule 1, the university specified opposite that Authority in the second column of that Schedule has a medical or dental school, one of the non-officer members to be appointed to that Authority shall be a person who holds a poost in that university.
3
The prescribed number of officer members of an Authority for the purposes of paragraph 1(c) of the Schedule shall be five.
4
Of the five officer members —
a
three shall be the persons who hold the offices mentioned in paragraph (5); and
b
the other two shall be appointed by the chairman and the non-officer members of the Authority.
5
The offices of a prescribed description, for the purposes of paragraph 3(a) of the Schedule, shall be the offices of chief executive, director of finance and director of public health.
Joint members
3
Where more than one person is appointed jointly to a post in an Authority which qualifies the holder for officer membership or in relation to which an officer member is to be appointed, those persons shall become or be appointed as an officer member jointly, and shall count for the purposes of regulation 2(3) as one person.
Period of tenure of office of chairman and members
4
1
Subject to regulation 8, the tenure of office of a chairman or non-officer member of an Authority shall be for such period, not exceeding four years, as the Secretary of State may specify on making the appointment.
2
Subject to regulation 5 the tenure of office of an appointed officer member of an Authority shall be for such period as the appointing authority may specify on making the appointment.
Termination of tenure of office and suspension of officer members
5
1
An officer member of an Authority shall cease to hold office as a member where he ceases to hold a post in the Authority or to hold the same post in it as when he commenced his term of office.
2
If the appointing authority is of the opinion that it is not in the interest of the Authority that an appointed officer member of an Authority should continue to hold office as member, the appointing authority shall forthwith terminate his tenure of office.
3
If an officer member of an Authority is suspended from his post in the Authority he shall be suspended from performing his functions as a member for the period of his suspension.
Eligibility for reappointment of officer members
6
An appointed officer member of an Authority shall on the termination of the period of his tenure of office be eligible for reappointment.
Application of regulations 8 to 11
7
The provisions of regulations 8 to 11 shall not apply to officer members of an Authority.
Termination of tenure of office
8
1
The chairman or a member of an Authority may resign his office at any time during the period for which he was appointed by giving notice in writing to the Secretary of State.
2
The date on which a resignation by notice given pursuant to paragraph (1) shall take effect shall be —
a
where a date is specified in the notice as being that on which the resignation is to take effect, that date; and
b
in any other case, the date on which the notice is received by the Secretary of State.
3
Where during his period of membership a member of an Authority is appointed to be the chairman of that Authority, his tenure of office as a member shall terminate when his appointment as chairman takes effect.
4
If the Secretary of State is of the opinion that —
a
it is not in the interests of the health service in the area for which an Authority acts; or
b
it is not conducive to the good management of an Authority,
for a person whom he has appointed as the chairman or a member of that Authority to continue to hold that office, the Secretary of State may forthwith terminate his tenure of office.
5
If the chairman or a member of an Authority has failed to attend a meeting of that Authority for a period of six months, the Secretary of State shall forthwith terminate the tenure of office of the chairman or that member unless he is satisfied that —
a
the absence was due to a reasonable cause; and
b
the chairman or member will be able to attend meetings of that Authority within such period as the Secretary of State considers reasonable.
6
Where a person has been appointed to be the chairman or a member of an Authority —
a
if it comes to the notice of the Secretary of State that the person has become disqualified for appointment under regulation 10, the Secretary of State shall forthwith notify him in writing of such disqualification; or
b
if it comes to the notice of the Secretary of State that at the time of his appointment the person was so disqualified, the Secretary of State shall forthwith declare that he was not duly appointed and so notify him in writing,
and, upon receipt of any such notification, his tenure of office, if any, shall be terminated and he shall cease to act as such chairman or member.
7
If it appears to the Secretary of State that the chairman or a member of an Authority has failed to comply with regulation 16(1) he may forthwith terminate that person’s tenure of office.
8
Where a member of an Authority who was appointed by virtue of regulation 2(2) ceases to hold a post in a university with a medical or dental school, the Secretary of State shall forthwith terminate his appointment as a member of the Authority.
Eligibility for reappointment
9
Subject to regulation 10, the chairman or a member of an Authority shall, on the termination of his tenure of office, be eligible for reappointment.
Disqualification for appointment
10
1
Subject to regulation 11, a person shall be disqualified for appointment as the chairman or a member of an Authority if —
a
he has within the preceding five years been convicted in the United Kingdom, the Channel Islands or the Isle of Man of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine;
b
he has been adjudged bankrupt or has made a composition or arrangement with his creditors;
c
he has been dismissed, otherwise than by reason of redundancy, from any paid employment with a health service body;
d
he has had his name removed, by a direction under section 46 of the 1977 Act (or any provision in force in Scotland or Northern Ireland corresponding to that provision), from any list prepared under Part II of the Act and has not subsequently had his name included in such a list;
e
he is suspended as respects the provision of Part II services by a direction of the Tribunal made pursuant to section 49A(2) or section 49B(1) of that Act (or any provision in force in Scotland or Northern Ireland corresponding to those provisions);
f
he is a person whose tenure of office as the chairman or a member of an Authority has been terminated pursuant to paragraph (4), (5) or (7) of regulation 8;
g
he is a chairman or a member of —
i
another Authority; or
ii
a Special Health Authority, other than one specified in Schedule 2;
h
he is a chairman or director of an NHS trust;
j
he holds any paid appointment or office with an NHS trust;
k
he holds any paid appointment or office with another Authority or a Special Health Authority;
l
he holds any paid appointment or office with a trade union which represents the interests of persons who are employed by a health service body.
2
For the purposes of paragraph (1)(a) the date of conviction shall be deemed to be the date on which the ordinary period allowed for making an appeal or application with respect to the conviction expires or, if such an appeal or application is made, the date on which the appeal or application is finally disposed of or abandoned or fails by reason of its not being prosecuted.
3
For the purposes of paragraph (1)(c) a person shall not be treated as having been in paid employment by reason only of his chairmanship or membership of a health service body.
4
A person shall not be disqualified under paragraph (1)(j) by virtue of holding any paid appointment or office where he holds a post in a university and the paid appointment or office is a part-time appointment or office, other than as chairman or as a director, with an NHS trust.
5
A person shall not be disqualified under paragraph (1)(k) by virtue of holding any paid appointment or office where —
a
he holds a post in a university; or
b
he is a person providing Part II services,
and the paid appointment or office is a part-time appointment or office, other than as chairman or as a member, with another Authority or a Special Health Authority.
Cessation of disqualification
11
1
Where a person is disqualified under regulation 10(1)(b) by reason of having been adjudged bankrupt —
a
if the bankruptcy is annulled on the ground that he ought not to have been adjudged bankrupt or on the ground that his debts have been paid in full, the disqualification shall cease on the date of the annulment;
b
if he is discharged the disqualification shall cease on the date of his discharge.
2
Where a person is disqualified under regulation 10(1)(b) by reason of his having made a composition or arrangement with his creditors, if he pays his debts in full the disqualification shall cease on the date on which the payment is completed and in any other case it shall cease on the expiry of five years from the date on which the terms of the deed of composition or arrangement are fulfilled.
3
Subject to paragraph (4), where a person is disqualified under regulation 10(1)(c) he may, after the expiry of the period of two years beginning with the date on which he was dismissed, apply in writing to the Secretary of State to remove the disqualification, and the Secretary of State may direct that the disqualification shall cease.
4
Where the Secretary of State refuses an application to remove a disqualification no further application may be made by that person until the expiry of the period of two years beginning with the date of the application and this paragraph shall apply to any subsequent application.
5
Where a person is disqualified under regulation 10(1)(f), the disqualification shall cease on the expiry of the period of two years beginnig with the date of the termnation of his tenure of office or such longer period as the Secretary of State specifies when terminating his period of office but the Secretary of State may, on application being made to him by that person, reduce the period of disqualification.
PART III
CONSTITUTION AND PROCEEDINGS
Appointment of vice-chairman
12
1
Subject to paragraph (2), the chairman and members of an Authority may appoint one of their number, who is not an officer member of the Authority, to be vice-chairman, for such period, not exceeding the remainder of his term as a member of the Authority, as they may specify on appointing him.
2
Any member so appointed may at any time resign from the office of vice-chairman by giving notice in writing to the chairman.
3
The date on which a resignation by notice given pursuant to paragraph (2) shall take effect shall be —
a
where a date is specified in the notice as being that on which the resignation is to take effect, that date; and
b
in any other case, the date on which the notice is received by the chairman.
Powers of vice-chairman
13
Where —
a
a member of an Authority is appointed to be vice-chairman under regulation 12, and
b
the chairman of the Authority has died or has ceased to hold office, or is unable to perform his duties as chairman owing to illness, absence from England and Wales or any other cause,
the vice-chairman shall act as chairman until a new chairman is appointed or the existing chairman resumes his duties, as the case may be; and references to the chairman in Schedule 3 shall, so long as there is no chairman able to perform his duties, be taken to include references to the vice-chairman.
Appointment of committees and sub-committees
14
1
Subject to such directions as may be given by the Secretary of State, an Authority may and, if directed by him, shall appoint committees of the Authority, or together with one or more other Authorities appoint joint committees consisting, in either case, wholly or partly of the chairman and members of the Authority or Authorities or wholly of persons who are not members of the Authority or Authorities in question.
2
A committee or joint committee appointed under this regulation may, subject to such directions as may be given by the Secretary of State or the Authority or Authorities, appoint sub-committees consisting wholly or partly of members of the committee or joint committee (whether or not they are members of the Authority or Authorities in question) or wholly of persons who are not members of the Authority or Authorities or the committee of the Authority or Authorities in question.
3
On a committee or joint committee appointed under paragraph (1), or a sub-committee appointed under paragraph (2), except a discipline committee, a service committee, a committee whose sole function is to advise the Authority or a medical audit committee, the majority of the members shall be persons who do not provide, or assist in providing, Part II services.
Meetings and proceedings
15
1
The meetings and proceedings of an Authority shall be conducted in accordance with the rules set out in Schedule 3 and with Standing Orders made under paragraph (2).
2
Subject to those rules, to regulation 16 and to such directions as may be given by the Secretary of State an Authority shall make, and may vary or revoke, Standing Orders for the regulation of its proceedings and business; and such Standing Orders may contain provision for their own suspension.
3
Subject to such directions as may be given by the Secretary of State, an Authority may, on its own in the case of a committee or sub-committee of the Authority or jointly with other Authorities in the case of a joint committee or sub-committee thereof, make, vary and revoke Standing Orders relating to the quorum, proceedings and place of meeting of such committee, joint committee or sub-committee but, subject to any such Standing Orders, the quorum, proceedings and place of meeting shall be such as the committee, joint committee or sub-committee may determine.
Disability of chairman and members in proceedings on account of pecuniary interest
16
1
Subject to the following provisions of this regulation, if the chairman or a member has any pecuniary interest, direct or indirect, in any contract, proposed contract or other matter and is present at a meeting of the Authority at which the contract, proposed contract or other matter is the subject of consideration, he shall at the meeting and as soon as practicable after its commencement disclose the fact and shall not take part in the consideration or discussion of the contract, proposed contract or other matter or vote on any question with respect to it.
2
The Secretary of State may, subject to such conditions as he may think fit to impose, remove any disability imposed by this regulation in any case in which it appears to him in the interests of the health service that the disability shall be removed.
3
An Authority may, by Standing Orders made under regulation 15(2), provide for the exclusion of the chairman or a member from a meeting of the Authority while any contract, proposed contract or other matter in which he has a pecuniary interest, direct or indirect, is under consideration.
4
Any remuneration, compensation or allowances payable to the chairman or a member by virtue of paragraph 9 of Schedule 5 to the 1977 Act shall not be treated as a pecuniary interest for the purpose of this regulation.
5
Subject to paragraphs (2) and (6), the chairman or a member shall be treated for the purposes of this regulation as having an indirect pecuniary interest in a contract, proposed contract or other matter if —
a
he, or a nominee of his, is a director of a company or other body, not being a public body, with which the contract was made or is proposed to be made or which has a direct pecuniary interest in the other matter under consideration; or
b
he is a partner of, or in the employment of, a person with whom the contract was made or is proposed to be made or who has a direct pecuniary interest in the other matter under consideration;
and in the case of married persons living together the interest of one spouse shall, if known to the other, be deemed for the purpose of this regulation to be also an interest of the other.
6
The chairman or a member shall not be treated as having a pecuniary interest in any contract, proposed contract or other matter by reason only —
a
of his membership of a company or other body if he has no beneficial interest in any securities of that company or other body;
b
of an interest of his as a person providing Part II services which cannot reasonably be regarded as an interest more substantial than that of others providing such of those services as he provides; or
c
of an interest in any company, body or person with which he is connected as mentioned in paragraph (5) which is so remote or insignificant that it cannot reasonably be regarded as likely to influence a member in the consideration or discussion of or in voting on, any question with respect to that contract, proposed contract or matter.
7
Where the chairman or a member has an indirect pecuniary interest in a contract, proposed contract or other matter by reason only of a beneficial interest in securities of a company or other body, and the total nominal value of those securities does not exceed £5,000 or one-hundredth of the total nominal value of the issued share capital of the company or body, whichever is the less, and if the share capital is of more than one class, the total nominal value of shares of any one class in which he has a beneficial interest does not exceed one-hundredth of the total issued share capital of that class, this regulation shall not prohibit him from taking part in the consideration or discussion of the contract, proposed contract or other matter or from voting on any question with respect to it, without prejudice however to his duty to disclose his interest.
8
This regulation applies in relation to a committee or sub-committee and to a joint committee or sub-committee as it applies in relation to an Authority and applies to a member of any such committee or sub-committee (whether or not he is also a member of an Authority) as it applies to a member of an Authority.
Revocation and amendment of Regulations and savings
17
1
Subject to paragraph (2), the regulations specified in Part I of Schedule 4 are hereby revoked.
2
The revocation by paragraph (1) of the Family Health Services Authorities (Membership and Procedure) Regulations 1990 and the Regional and District Health Authorities (Membership and Procedure) Regulations 1990 shall not affect the application, by the regulations listed in Part II of Schedule 4, of the provisions applied by those regulations; and to that extent those regulations shall continue to have effect as if there had been no such revocation.
3
Regulation 10(2) of the Prescription Pricing Authority Regulations 1990 is hereby revoked.
4
The regulations specified in Schedule 5 shall have effect subject to the amendments specified in that Schedule.
Signed by authority of the Secretary of State for Health
Gerald Malone
Minister of State,
Department of Health
11th March 1996
Rod Richards
Parliamentary Under Secretary of State, Welsh Office
11th March 1996


type: legislation

jurisdiction: UK

text:
1
These Regulations may be cited as the Motor Vehicles (Driving Licences) (Large Goods and Passenger-Carrying Vehicles) (Amendment) Regulations 1996 and shall come into force on 26th February 1996.
2
1
The Motor Vehicles (Driving Licences) (Large Goods and Passenger-Carrying Vehicles) Regulations 1990 shall be amended in accordance with regulations 3 to 7 below.
3
In regulation 3(2) (Application of the regulations), after “13,” there shall be inserted “20(4),”.
4
Regulation 12A(1) (which specifies the categories of vehicle in respect of which a disqualification order under section 36 of the Road Traffic Offenders Act 1988 is deemed to have expired) is hereby revoked.
5
For regulations 15 (Applications for tests) and 16 (Qualifications of applicants) there shall be substituted —
15
In this Part–
“applicant in person” means a person making an application for an appointment for a test with a view to taking the test himself;
“DSA examiner” means a person appointed by the Secretary of State to conduct tests under regulation 19(1)(a) below;
“ LGV /PCV instructor” means a person operating an establishment for providing instruction in the driving of large goods vehicles or passenger-carrying vehicles or both such classes of vehicle.
“working day” means a day other than a Saturday, Sunday, bank holiday, Christmas Day or Good Friday (and “bank holiday” means a day to be observed as such under section 1 of and Schedule 1 to the Banking and Financial Dealings Act 1971 ).
15A
1
An applicant in person wishing to take a test to be conducted by a DSA examiner, or someone acting on behalf of that applicant, shall —
a
apply for an appointment for such a test to the Secretary of State,
b
provide the Secretary of State with such details relating to himself, the nature of the test to be taken and the vehicle in which the test is to be taken as the Secretary of State may reasonably require, and
c
pay such fee as is specified in regulation 15C below.
2
Upon receipt of such details and such fee the Secretary of State shall make the arrangements necessary for the taking of the test.
3
An applicant in person for whom an appointment is made as aforesaid in respect of a vehicle in any category may not apply for a further appointment for a test in a vehicle of a class in the same category unless —
a
the first appointment has been cancelled, or
b
the test does not take place for any reason other than cancellation, or
c
he has submitted himself for the test (whether or not the test is completed).
15B
1
An LGV/PCV instructor who wishes to make an appointment for a test to be conducted by a DSA examiner and to be taken by a person who is then unnamed but who will have received from that instructor instruction in the driving of large goods or passenger-carrying vehicles shall —
a
apply for such an appointment to the Secretary of State,
b
provide such details relating to himself, his establishment and the nature of the test to be taken as the Secretary of State may reasonably require,
c
specify the date and time of the appointment which the instructor wishes to reserve, and
d
pay such fee as is specified in regulation 15C below.
2
The Secretary of State may refuse to accept an application from an LGV/PCV instructor (or, where two or more applications have been made on the same occasion, to accept all or any of those applications) where any appointment specified in the application is unavailable or where, in the opinion of the Secretary of State, it is otherwise necessary to do so.
3
Subject to paragraph (2) above, upon receipt of such details and such fee the Secretary of State shall confirm to the LGV/PCV instructor the date and time of the appointment.
4
The Secretary of State shall make the arrangements necessary for the taking of the test upon receipt from the LGV/PCV instructor before the expiration of the qualifying period of the name and such other details relating to the person who will at the appointment submit himself for the test, the nature of the test to be taken and the vehicle in which the test is to be taken as the Secretary of State may reasonably require.
5
The qualifying period in respect of any appointment made pursuant to an application under paragraph (1) of this regulation expires at midday on the day which is two working days before the day for which the appointment is made.
15C
1
No fee shall be payable in respect of a test to be conducted by an examiner appointed by or by virtue of paragraphs (b), (c), (d) or (e) of regulation 19(1) below.
2
The fee payable in respect of a test to be conducted by a DSA examiner is —
a
in the case of a test to be conducted between Monday and Friday (inclusive of both those days), £62, and
b
in the case of a test to be conducted on a Saturday, £80.
16
An applicant in person or a person whose name is given to the Secretary of State by an LGV/PCV instructor pursuant to regulation 15B(4) above must be a person who holds a provisional licence or a full licence which is treated as a provisional licence entitling him to drive vehicles in the category in respect of which he wishes to take the test.
.
6
1
Regulation 18(3A) (Requirements for tests) shall be amended as follows.
2
For the words from the beginning of the paragraph to the end of sub-paragraph (a)(i) there shall be substituted —
A large goods vehicle shall be suitable for the purpose of a test if —
where the test is taken before 1st July 1996 —
in the case of a test for category C, it has a maximum authorised mass which exceeds 7.5 tonnes and is not an articulated goods vehicle;
.
3
In sub-paragraph (b) —
a
for the words “if the test is taken” there shall be substituted the words “where the test is taken”;
b
in paragraph (i), for the words “and an overall length of at least 7 metres” there shall be substituted the words “, an overall length of at least 7 metres and is not an articulated goods vehicle”;
c
in paragraph (ii), after the words “articulated goods vehicle” there shall be inserted“combination”.
7
For regulation 21 (Repayment of fees) there shall be substituted —
21
1
For the purposes of section 91(b) of the Road Traffic Act 1988 (which section specifies the cases in which a fee paid on an application for an appointment for a test may be repaid) a notice cancelling an appointment must be given to the Secretary of State not less than ten clear working days before the day for which the appointment is made.
.
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
We approve the making of regulation 5
Simon Burns
Liam Fox
Two of the Lords Commissioners of Her Majesty’s Treasury
5th February 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Teddington Memorial Hospital National Health Service Trust (Transfer of Trust Property) Order 1996, and shall come into force on 4th October 1996.
2
In this Order —
“the Authority” means the Ealing, Hammersmith & Hounslow Health Authority established on 1st April 1996 ;
“the old Authority” means the Ealing Hammersmith and Hounslow Health Authority established on 1st April 1993 and abolished on 1st April 1996 ;
“the Trust” means the Teddington Memorial 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 old Authority and the Trust on 20th March 1996, which schedule has been signed on behalf of both the old Authority and the Trust.
Transfer of trust property
2
On 4th 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
11th September 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment (No. 2) Order 1996 and shall come into force on 29th July 1996.
2
In this Order “the Service Pensions Order ” means the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983 and other expressions shall have the meaning assigned to them by the Service Pensions Order and, except where the context otherwise requires, a reference to a numbered article or Schedule is a reference to the article of, or Schedule to, that Order which is so numbered.
Amendment of the Service Pensions Order
2
The Service Pensions Order shall be amended in accordance with the provisions of Schedule 1 to this Order.
Transitional provisions
3
The transitional provisions set out in Schedule 2 to this Order shall have effect.
Revocations
4
The instruments specified in column 1 of Schedule 3 to this Order are, to the extent shown in column 2 of that Schedule, revoked.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation
1
This Order may be cited as the Staffordshire 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 Staffordshire Fire Services Combination Scheme, shall have effect.
Blatch
Minister of State
Home Office
19th November 1996


text:
Citation and commencement
1
This Order may be cited as the South Durham Health Care National Health Service Trust Dissolution Order 1996 and shall come into force on 1st April 1996.
Dissolution of NHS trust
2
The South Durham Health Care National Health Service Trust established by the South Durham Health Care National Health Service Trust (Establishment) Order 1993 is hereby dissolved, and accordingly that Order is hereby revoked.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State,
Department of Health
18th March 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Nottingham Healthcare National Health Service Trust (Transfer of Trust Property) (No. 2) Order 1996 and shall come into force on 13th August 1996.
2
In this Order —
“the special trustees” means the special trustees for Nottingham University Hospitals;
“the Trust” means the Nottingham 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 special trustees and the Trust on 31st July 1995, which schedule has been signed on behalf of both the special trustees and the Trust.
Transfer of trust property
2
On 13th August 1996 the trust property shall be transferred from the special trustees to the Trust.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State,
Department of Health
16th July 1996


text:
Citation and commencement
1
This Order may be cited as the Land Registry Trading Fund (Additional Assets) Order 1996 and shall come into force on 1st April 1996.
Appropriation of additional assets to the Fund
2
1
Crown assets consisting of:
a
freehold land and buildings forming the site of the Nottingham District Land Registry; and
b
freehold land and buildings adjoining the site of the Tunbridge Wells District Land Registry,
used or allocated for use in the funded operations which are financed by means of the Fund shall be appropriated as additional assets of the Fund.
2
The whole of the amount of the value of the assets referred to in paragraph (1) shall be treated as public dividend capital of the Fund.
Mackay of Clashfern, C.
Dated 8th March 1996
We concur,
Bowen Wells
Michael Bates
Two of the Lord Commissioners of Her Majesty’s Treasury
Dated 11th March 1996


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Back to Work Bonus) (Amendment) Regulations 1996 and shall come into force on 7th October 1996 immediately following the coming into force of the Back to Work Bonus Regulations .
2
In these Regulations “the Back to Work Bonus Regulations” means the Social Security (Back to Work Bonus) Regulations 1996.
Definitions
2
1
Paragraph (2) of regulation 1 of the Back to Work Bonus Regulations (interpretation) shall be amended in accordance with the following provisions of this regulation.
2
After the definition of “applicant” the following definition shall be inserted —
“benefit week” —
where the benefit is income support, has the meaning it has in the Income Support Regulations by virtue of regulation 2(1) of those Regulations;
where the benefit is a jobseeker’s allowance, has the meaning it has in the Jobseeker’s Allowance Regulations 1996 by virtue of regulation 1(3) of those Regulations;
.
3
In the definition of “earnings” —
a
after the word “means” the words “unless the context requires otherwise” shall be inserted;
b
for the words “are paid” there shall be substituted the words “are payable”;
c
for sub-paragraph (b), there shall be substituted the following sub-paragraph —
b
where the qualifying benefit is a jobseeker’s allowance, are net earnings or net profit within the meaning of regulation 1(3) of the Jobseeker’s Allowance Regulations 1996 or are treated as earnings in accordance with regulation 105(12) or (13) of the Jobseeker’s Allowance Regulations 1996;
;
d
after sub-paragraph (b) the following words shall be inserted —
and for this purpose an amount is payable on the date it is treated as paid for the purpose of regulation 31 of the Income Support Regulations where the qualifying benefit is income support, and for the purpose of regulation 96 of the Jobseeker’s Allowance Regulations 1996 where the qualifying benefit is a jobseeker’s allowance;
.
4
After the definition of “period of entitlement to a qualifying benefit” there shall be inserted the following definition —
“polygamous marriage” means any marriage during the subsistence of which a party to it is married to more than one person and the ceremony of marriage took place under the law of a country which permits polygamy;
.
Period of entitlement to a qualifying benefit
3
1
Regulation 2 of the Back to Work Bonus Regulations (period of entitlement to a qualifying benefit) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (3), after sub-paragraph (b) there shall be added the following sub-paragraph —
c
any period —
i
in respect of which a person is summoned for jury service and is required to attend court, and
ii
which immediately follows a day of entitlement to a qualifying benefit and is immediately followed by a day of entitlement to a qualifying benefit.
.
3
In paragraph (4) after sub-paragraph (a) there shall be added the following sub-paragraphs —
aa
where the applicant satisfies the condition in regulation 7(4) or (5) (requirements for a bonus) and claims a bonus, on the last day of entitlement to a qualifying benefit which precedes the day on which he first satisfies that condition;
ab
where a bonus is paid in anticipation of an applicant satisfying either of the conditions specified in regulation 7(4)(c) or the condition specified in regulation 7(5)(c), but the applicant then fails to satisfy the relevant condition, on the last day taken into account in determining the award of the qualifying benefit in respect of which the bonus is paid;
ac
where a bonus is paid in anticipation of an applicant or his partner satisfying the work condition, but the work condition is then not satisfied, on the last day taken into account in determining the award of the qualifying benefit in respect of which the bonus is paid;
.
Period of entitlement to a qualifying benefit: further provisions
4
In regulation 3 of the Back to Work Bonus Regulations (period of entitlement to a qualifying benefit: further provisions), in paragraph (6) —
a
for the words “makes a claim for” there shall be substituted the words “is entitled to”;
b
after sub-paragraph (b) the following sub-paragraph shall be inserted —
bb
in the case of a polygamous marriage, one or more members of the marriage separated; or
.
Connecting period
5
1
Regulation 4 of the Back to Work Bonus Regulations (connecting period) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1) —
a
in sub-paragraph (a) for the words “a person ceases to be entitled to a qualifying benefit because” there shall be substituted the words “within 12 weeks of a person ceasing to be entitled to a qualifying benefit”;
b
sub-paragraph (b) shall be omitted;
c
in sub-paragraph (c) for the words “a person ceases to be entitled to a qualifying benefit because” there shall be substituted the words “within 12 weeks of a person ceasing to be entitled to a qualifying benefit”;
d
after sub-paragraph (e) there shall be added the following sub-paragraph —
f
a person who is treated under paragraph (4) of regulation 3 as having established a period of entitlement to a qualifying benefit under paragraph (5) of the same regulation satisfies the preceding sub-paragraphs of this paragraph within 12 weeks of the date which applies in his case in accordance with paragraph (6) of regulation 3, and lasts throughout the period the person satisfies the preceding sub-paragraphs of this paragraph.
.
3
In paragraph (3) after the words “(1)(d)” there shall be inserted the words
or (e)
.
Requirements for a bonus
6
1
Regulation 7 of the Back to Work Bonus Regulations shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1) after the words “has served” there shall be inserted the words “, or is treated as having served,”.
3
In sub-paragraph (2)(d), in heads (i) and (ii) after the word “attained” in both places there shall be inserted the words “the day before”.
4
In paragraph (4) —
a
for sub-paragraphs (a) and (b) there shall be substituted the following sub-paragraph —
a
within 12 weeks of ceasing to be entitled to a qualifying benefit or within 12 weeks of a connecting period ceasing, the applicant commences training;
;
b
for sub-paragraph (c) there shall be substituted the following sub-paragraph —
c
within 14 days of the day he last attended training —
i
he takes up or returns to or increases the number of hours in which he is engaged in employment, or where his hours of work fluctuate, is engaged on average, for not less than 16 hours per week; or
ii
he takes up employment, or increases his earnings from his existing employment, as a result of which weekly earnings equal or exceed the amount of the training allowance payable to him in the last week of training;
;
c
for sub-paragraph (f) there shall be substituted the following sub-paragraph —
f
in a case where the qualifying benefit to which a person was entitled —
i
was income support, he satisfied the requirements specified in paragraph (4)(c) before he attained the age of 60;
ii
was a jobseeker’s allowance, he satisfied the requirements specified in paragraph (4)(c) before he attained pensionable age.
.
5
In paragraph (5) —
a
in sub-paragraph (a) after the words “a couple” there shall be inserted the words “, or of a polygamous marriage,” and at the end there shall be added the words “and the separation took place before the person attained the age of 60”;
b
for sub-paragraphs (c) and (d) there shall be substituted the following sub-paragraph —
c
within 14 days of the separation —
i
he takes up or returns to or increases the number of hours in which he is engaged in employment, or where his hours of work fluctuate, is engaged on average, for not less than 16 hours per week; or
ii
he takes up employment or increases his earnings from his existing employment, as a result of which his weekly earnings, had he been entitled to a qualifying benefit on the day of separation, equalled or exceeded the amount that would have been the applicable amount or the age-related amount in his case;
;
c
in sub-paragraph (e) the words “and (d)” shall be omitted.
6
For paragraph (7) there shall be substituted the following paragraph —
7
Subject to paragraph (8) a person —
a
who —
i
becomes entitled to, or whose partner becomes entitled to, a qualifying benefit within 12 weeks of the day in respect of which his last previous entitlement to a qualifying benefit ceased; and
ii
has not made, and whose partner has not made, a claim for a bonus before the day in respect of which the most recent entitlement to a qualifying benefit first arose,
shall be treated as not satisfying the requirements of paragraph (2)(c) or (3)(d) for the period of 12 weeks following the day in respect of which the last previous entitlement to a qualifying benefit ceased;
b
who —
i
claims, or whose partner claims, a qualifying benefit before the end of the period of 12 weeks immediately following the day on which training ceased; and
ii
has not made, and whose partner has not made, a claim for a bonus before the day in respect of which the most recent entitlement to a qualifying benefit arose,
shall be treated as not satisfying the requirements of paragraph (4)(d) for the period of 12 weeks following the day on which training ceased;
c
who —
i
claims, or whose partner claims, a qualifying benefit before the end of the period of 12 weeks following the day on which the separation occurred; and
ii
has not made, and whose partner has not made, a claim for a bonus before the day in respect of which the most recent entitlement to a qualifying benefit arose,
shall be treated as not satisfying the requirements of paragraph (5)(f) for the period of 12 weeks following the day on which the separation occurred.
.
7
After paragraph (7) the following paragraph shall be added —
8
Notwithstanding the provisions of paragraph (7) a person shall be able to claim a bonus where he satisfies the work condition or either of the requirements specified in paragraph (4)(c) or the requirements specified in paragraph (5)(c) following the day in respect of which the most recent period of entitlement to a qualifying benefit arose.
.
Amount payable
7
1
Regulation 8 of the Back to Work Bonus Regulations (amount payable) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1) —
a
in sub-paragraph (a) the words “which are paid” shall be omitted;
b
after sub-paragraph (b) the following sub-paragraph shall be added —
c
where earnings are payable to the applicant or his partner in a week falling either partly or wholly within the bonus period which includes a part-week of entitlement to a qualifying benefit in accordance with Part VII of the Income Support Regulations or Part XI of the Jobseeker’s Allowance Regulations which falls within the bonus period, half the amount calculated by applying the formula —
G 7 × N
where —
G is the earnings of the applicant and his partner, in the relevant week which are not disregarded in accordance with the provisions mentioned in sub-paragraph (a) or (b); and
N is the number of days in the part-week.
3
In paragraph (2) for the words “paid in” there shall be substituted the word “for”, and for the words “has an applicable amount of Nil” there shall be substituted the words “no benefit is payable or the applicable amount is Nil”.
4
After paragraph (12), there shall be added the following paragraph —
13
In this regulation “part-week” means an entitlement to a qualifying benefit in respect of any period of less than a week, and for the word “week” in each place where it occurs there shall be substituted the words “benefit week”
.
Secretary of State to issue estimates
8
In regulation 9 of the Back to Work Bonus Regulations (Secretary of State to issue estimates) after the words “has served” there shall be inserted the words “, or is treated as having served,”.
Couples who separate
9
1
Regulation 10 of the Back to Work Bonus Regulations (couples who separate) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1), after the words “qualifying benefit” where they first occur there shall be inserted the words “other than a contribution-based jobseeker’s allowance” and after the words “the other member of the couple,”, where they first occur, there shall be inserted the words “in a case where he is entitled to a qualifying benefit within 12 weeks of the date of separation,”.
3
After paragraph (1) the following paragraph shall be inserted —
1A
Where one or more members of a polygamous marriage separate and at the date of separation any one of them has days of entitlement to a qualifying benefit other than a contribution-based jobseeker’s allowance which count towards the waiting period, those days of entitlement which count, up to a maximum of 91 days, shall count towards a waiting period of any person who is or was a member of that marriage, where he is entitled to a qualifying benefit within 12 weeks of the date of separation, and shall be treated as days on which any person who is or was a member of that marriage was entitled to a qualifying benefit.
.
4
In paragraph (2) —
a
after the words “paragraph (1)” in the three places where they occur there shall be inserted the words “or (1A)”;
b
after the words “regulation 6(2)” there shall be inserted the words “when he makes a claim for a qualifying benefit for the couple”.
Couples who separate where the partner has earnings
10
1
Regulation 11 of the Back to Work Bonus Regulations (couples who separate where the partner has earnings) shall be amended in accordance with the following provisions of this regulation.
2
For paragraph (3) there shall be substituted the following paragraph —
3
The amount which shall accrue to the separated partner in accordance with paragraph (2) (referred to in this regulation as the “accrued bonus”) shall be the aggregate of the weekly amounts determined in accordance with the formula —
A B × C
where —
A is the earnings of the separated partner in the benefit week in question in respect of which he has earnings in that part of the bonus period which falls before the date of separation;
B is the total of the earnings of both members of the couple, or in the case of a polygamous marriage, all the members of the marriage, in that week in that part of the bonus period which falls before the date of separation; and
C is the amount of the bonus calculated in respect of that week which would have been payable had it been payable on the day before the couple, or some or all of the members of a polygamous marriage, separated in respect of the earnings of both, or, as the case may be, all of them.
;
3
paragraphs (5), (6) and (7) shall be omitted.
Couples who separate where the separated partner has attained the age of 60
11
1
Regulation 12 of the Back to Work Bonus Regulations (couples who separate where the separated partner has attained the age of 60) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (2), at the end there shall be inserted the following words “, or in the case of a polygamous marriage, the other members of the marriage.”.
3
In sub-paragraph (d) of paragraph (6) after the words “the couple’s earnings” there shall be inserted the words “, or in the case of a polygamous marriage, the earnings of the members of that marriage”.
Single persons who become couples: further provisions
12
In regulation 14 of the Back to Work Bonus Regulations (single persons who become couples: further provisions) —
a
in paragraph (1)(b) for the words “the claim” there shall be substituted the words “a claim for a qualifying benefit, other than a contribution-based jobseeker’s allowance.”; and
b
after paragraph (1) there shall be inserted the following paragraph —
1A
The number of days the person mentioned in paragraph (1)(a) has served of the waiting period referred to in regulation 6 shall be deducted from the number of days of the waiting period the other member of the couple is required to serve.
.
Single claimants who are couples
13
1
Regulation 15 of the Back to Work Bonus Regulations (single claimants who are couples) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1) for the words “the following paragraphs.” there shall be substituted the words “paragraphs (2) to (4).”.
3
After paragraph (1) the following paragraph shall be inserted —
1A
Where —
a
three or more persons who are living together are members of a polygamous marriage;
b
two or more of those persons were in receipt of a qualifying benefit during the whole or part of the time they lived together and were members of a polygamous marriage; and
c
had they declared that they were members of a polygamous marriage, either —
i
no qualifying benefit would have been payable to them; or
ii
a qualifying benefit would have been payable to only one or some of the members of the polygamous marriage,
the provisions of these Regulations shall also have effect subject to the following paragraphs.
4
In paragraphs (3) or (4) any reference to a couple shall include a reference to the members of a polygamous marriage.
5
In paragraph (2) for the word “week” in both places where it occurs there shall be substituted the words “benefit week”.
Couples both of whom are entitled to a qualifying benefit
14
1
Regulation 16 of the Back to Work Bonus Regulations (couples both of whom are entitled to a qualifying benefit) shall be amended in accordance with the following provisions of this regulation.
2
After sub-paragraph (1)(b) the following sub-paragraphs shall be inserted —
or;
c
one member of a polygamous marriage is entitled to a contribution-based jobseeker’s allowance; and
d
another member of the polygamous marriage is entitled to an income-based jobseeker’s allowance,
.
3
In sub-paragraph (2)(c) at the end there shall be inserted the following words —
, or had a period of entitlement to a qualifying benefit within 12 weeks of the day after they became a couple;
.
Trainees
15
Regulation 18 (trainees) is hereby revoked.
Death
16
1
Regulation 19 of the Back to Work Bonus Regulations shall be amended in accordance with the following provisions of this Regulation.
2
In paragraph (1) —
a
the words “this regulation applies” shall be omitted; and
b
after sub-paragraph (d) there shall be added the words “paragraphs (2), (5) and (6) shall apply.”.
3
In paragraph (3) for the words “the person” there shall be substituted the words “a person”.
Trade disputes
17
1
Regulation 20 of the Back to Work Bonus Regulations (trade disputes) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (2) for the words “earned by”, there shall be substituted the word “of”.
3
In paragraph (4)(b) after the words “the benefit” there shall be inserted the words “or his partner”.
4
In paragraph (4) for the words “earned by that person” there shall be substituted the words “of that person or his partner, as the case may be,”.
5
In paragraph (6) —
a
after the words “may be,” there shall be inserted the words “the partner or the person claiming the benefit referred to in”;
b
the words “and undertakes work for less than 24 hours per week” shall be omitted;
c
for the word “week” in both places where it occurs there shall be substituted the words “benefit week”.
6
In paragraph (8) for the words “Where the partner” there shall be substituted the words “Where the person claiming the benefit referred to in paragraph (2)(a) or (4)(a) or his partner, as the case may be”.
Share fishermen
18
In regulation 21 of the Back to Work Bonus Regulations (share fishermen) —
a
for the word “paid” there shall be substituted the word “payable”;
b
for the word “week” in both places where it occurs there shall be substituted the words “benefit week”.
Claiming a bonus
19
1
Regulation 23 of the Back to Work Bonus Regulations (claiming a bonus) shall be amended in accordance with the following provisions of this regulation.
2
In sub-paragraph (1)(a) at the beginning there shall be inserted the words “Subject to paragraph (7)”.
3
In sub-paragraph (1)(b)(i) for the words “a person to whom regulation 18 (trainees) applies” there shall be substituted the words “a person who satisfies the 3rd condition in regulation 7”.
4
After paragraph (5) there shall be added the following paragraphs —
6
In the case of a person who has served or is treated as having served a waiting period in accordance with regulation 6(1) (waiting period) and is a member of a couple in respect of whom income support or an income-based jobseeker’s allowance is payable, the claim for the bonus shall be made by the member of the couple entitled to the benefit.
7
A person who has an employment to take up, or whose earnings from or the hours of his employment will increase, within 14 days of completing his training or the date of separation and that employment satisfies the requirements of regulation 7(4)(c) or (5)(c) may make a claim for a bonus —
a
in the case of a person who satisfies all the other requirements of the 3rd condition specified in regulation 7, up to 14 days before the day following the last day of attendance on the course;
b
in the case of a person who satisfies all the other conditions of the 4th condition specified in regulation 7, up to 13 days before the day on which he complies with the condition, but not before the day after the separation.
.
Payment of bonus
20
In regulation 25 of the Back to Work Bonus Regulations (payment of bonus) for the word “paid” there shall be substituted the word “payable”.
Payment of bonus: further provisions
21
After regulation 25 of the Back to Work Bonus Regulations (payment of bonus) there shall be inserted the following regulations —
Award of bonus
25A
1
Where the adjudication officer is satisfied that a person satisfies, or will satisfy, the work condition or either of the requirements specified in regulation 7(4)(c) or the requirements specified in regulation 7(5)(c) he may award a bonus in advance of the condition or requirement being met.
2
If, having been awarded a bonus in advance in accordance with paragraph (1), the person fails to satisfy the conditions, he shall not be entitled to any further bonus until he has served a further waiting period in accordance with regulation 6 (waiting period).
Payments on death
25B
1
Where a person satisfies the requirements for entitlement to a bonus other than the need to make a claim, but dies within 12 weeks of the last day of entitlement to a qualifying benefit, the Secretary of State may appoint such person as he may think fit to claim a bonus in place of the deceased person.
2
Where the conditions specified in paragraph (3) are satisfied, a claim may be made by the person appointed for a back to work bonus to which the deceased person would have been entitled if he had claimed it in accordance with regulation 23 (claiming a bonus).
3
Subject to the following provisions of this regulation, the following conditions are specified for the purposes of paragraph (2) —
a
the application to the Secretary of State to be appointed a fit person to make a claim shall be made within 6 months of the date of death;
b
the claim shall be made in writing within 6 months of the date the appointment was made.
4
Subject to paragraphs (5) and (6), the Secretary of State may, in exceptional circumstances, extend the period for making an application or a claim to such longer period as he considers appropriate in the particular case.
5
Where the period is extended in accordance with paragraph (4), the period specified in paragraph (3)(a) or (b) shall be shortened by a corresponding period.
6
The Secretary of State shall not extend the period of claim in accordance with paragraph (4) for more than 12 months from the date of death, but in calculating that period any period between the date when an application for a person to be appointed to make a claim is made and the date when the Secretary of State makes the appointment shall be disregarded.
7
A claim made in accordance with paragraph (2) shall be treated, for the purposes of these regulations, as if made on the date of the deceased’s death.
.
Transitional matters
22
1
Regulation 26 of the Back to Work Bonus Regulations (transitional matters) shall be amended in accordance with the following provisions of this regulation.
2
In sub-paragraph (2)(b) for the words “any earnings received by” there shall be substituted the words “any earnings of”.
3
In sub-paragraph (2)(b) after the word “partner” there shall be inserted the words “calculated in accordance with those rules”.
Minor amendments
23
The provisions of the Back to Work Bonus Regulations specified in column (1) of the Schedule to these Regulations shall be amended to the extent specified in column (2) of that Schedule.
Signed by authority of the Secretary of State for Social Security.
Roger Evans
Parliamentary Under-Secretary of State,
Department of Social Security
10th June 1996


text:
1
These Regulations may be cited as the Personal Protective Equipment (EC Directive) (Amendment) Regulations 1996 and shall come into force on 1st January 1997.
2
1
The Personal Protective Equipment (EC Directive) Regulations 1992 (“the principal Regulations”), paragraph 31 of Schedule 1 to the Provision and Use of Work Equipment Regulations 1992 , paragraph 19 of Schedule 1 to the Provision and Use of Work Equipment Regulations (Northern Ireland) 1993 Schedule 1 to the Personal Protective Equipment at Work Regulations 1992 and paragraph 1 of Schedule 1 to the Personal Protective Equipment at Work Regulations (Northern Ireland) 1993 , shall have effect as if references therein to Council Directive 89/686/ EEC of 21st December 1989 on the approximation of the laws of the Member States relating to personal protective equipment (in the principal Regulations and in these Regulations referred to as “the Directive”) were references to the Directive as amended by Council Directive 93/95/EEC of 29th October 1993 , Article 7 of Council Directive 93/68/EEC of 22nd July 1993 and Directive 96/58/EC of the European Parliament and the Council of 3rd September 1996 ; and references to “the Directive” in regulation 4 of the Personal Protective Equipment (EC Directive) (Amendment) Regulations 1994 shall be construed accordingly.
2
The copy of the Directive printed in the Schedule to the principal Regulations shall be read as if it were amended as provided in the Schedule to the Personal Protective Equipment (EC Directive) (Amendment) Regulations 1993 , the Schedule to the Personal Protective Equipment (EC Directive) (Amendment) Regulations 1994 and the Schedule to these Regulations.
Ian Taylor,
Parliamentary Under Secretary of State for Trade and Technology,
Department of Trade and Industry
3rd December 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Medicines (Products Other Than Veterinary Drugs) (Prescription Only) Amendment (No. 2) Order 1996 and shall come into force on 13th January 1997.
2
In this Order “the principal Order ” means the Medicines (Products Other Than Veterinary Drugs) (Prescription Only) Order 1983 .
Amendment of article 4 of the principal Order
2
In article 4 of the principal Order (medicinal products that are not prescription only) —
a
in paragraph (1C) (mebendazole) for “400 milligrams” substitute “800 milligrams”;
b
in paragraph (1N) (famotidine) for sub-paragraph (a) there is substituted the following sub-paragraph —
a
the medicinal product is indicated for —
i
the short-term symptomatic relief of heartburn, dyspepsia, indigestion, acid indigestion or hyperacidity, or
ii
the prevention of the symptoms of heartburn, dyspepsia, indigestion, acid indigestion or hyperacidity where they are associated with the consumption of food or drink, including the prevention of sleep disturbance due to those symptoms, and
.
Amendment of Part I of Schedule 1 to the principal Order
3
In Part I of Schedule 1 to the principal Order (which lists substances which render a medicinal product a prescription only medicine except in the circumstances also listed) —
a
in Column 1 —
i
after the entry “Amygdalin” there is inserted the entry “Amyl Nitrite”,
ii
after the entry “Argipressin” there are inserted the following entries —
Aristolochia
Aristolochia Clematitis
Aristolochia Contorta
Aristolochia Debelis
Aristolochia Fang-chi
Aristolochia Manshuriensis
Aristolochia Serpentaria
,
iii
for the entry “Lodoxomide Trometamol” there is substituted the entry “Lodoxamide Trometamol”,
iv
after the entry “Tolmetin Sodium” there is inserted the entry “Trandolapril”,
v
in the entry for Vaccines, after “Meningococcal Polysaccharide Vaccine” there is inserted “Mumps Vaccine”;
b
in Column 3 in relation to Mebeverine Hydrocholoride there is inserted the following entry —
For the symptomatic relief of irritable bowel syndrome
,
c
in Column 4 —
i
for the entry relating to Mebeverine Hydrocholoride there is substituted the following entry —
135mg (MD)
405mg (MDD)
,
ii
in the entry relating to Pseudoephedrine Hydrochloride for “90mg (MD)” there is substituted “120mg (MD)”.
Amendment of Table A of Part IV of Schedule 1 to the principal Order
4
In Table A of Part IV of Schedule 1 to the principal Order (name and product licence number of medicinal products that are not prescription only medicines), the following entries are inserted at the appropriate points in the alphabetical order of the entries in that Table —
Canesten Hydrocortisone Cream 0010/0216 Herpetad Cold Sore Cream 4986/0007 Jungle Formula Bite & Sting Relief Cream 2855/0010 Soothelip Cold Sore Cream 0142/0426 Timocort Hydrocortisone Cream 1 per cent 0063/0076 Zaclovir Cold Sore Cream 4986/0007
.
Amendment of Schedule 3 to the principal Order
5
In Part I of Schedule 3 to the principal Order (exemptions for certain persons from the provisions of section 58(2)(a) of the Medicines Act 1968) at the end there are inserted the entries set out in the Schedule to this Order.
Signed by authority of the Secretary of State for Health
Gerald Malone
Minister of State,
Department of Health
17th December 1996
Gwilym Jones
Parliamentary Under Secretary of State,
Welsh Office
18th December 1996
James Douglas-Hamilton
Minister of State,
The Scottish Office
18th December 1996
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on 17th December 1996.
F. A. Elliott
Permanent Secretary


text:
Title and commencement
1
This Order may be cited as the Home-Grown Cereals Authority (Rate of Levy) Order 1996 and shall come into force on 1st July 1996.
Interpretation
2
In this Order, unless the context otherwise requires, expressions have the same meanings as they have in the Schemes.
Rates of levy
3
1
For the relevant year the rates of levy per tonne of cereals delivered, which appear to the Ministers to be sufficient (but not more than sufficient) to meet the amount apportioned to each kind of cereal, shall in each case be —
a
52.0525 pence in respect of dealer levy,
b
47 pence in respect of grower levy,
c
9.69375 pence in respect of standard rate processor levy, and
d
4.7 pence in respect of reduced rate processor levy.
2
For the relevant year the rate of levy per tonne of oilseeds delivered, which appears to the Ministers to be sufficient (but not more than sufficient) to meet the amount apportioned to each kind of oilseed, shall in each case be 76.375 pence.
Tony Baldry
Minister of State Ministry of Agriculture, Fisheries and Food
3rd June 1996
Lindsay
Parliamentary Under Secretary of State, Scottish Office
5th June 1996
Denton of Wakefield
Parliamentary Under Secretary of State, Northern Ireland Office
4th June 1996
Signed by authority of the Secretary of State for Wales:
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
24th May 1996


text:
Citation and Commencement
1
These Regulations may be cited as the Education (Areas to which Pupils and Students Belong) Regulations 1996 and shall come into force on 1st April 1996.
Interpretation
2
1
In these Regulations —
“child looked after by a local authority” has the meaning assigned to it by section 22(1) of the Children Act 1989 ;
“education authority” means a local education authority;
“further education student” means a person in respect of whom provision for further education is made;
“hospital” includes a nursing home or other establishment (not being a school) for the care of persons who are sick or disabled (including persons whose sickness or disability makes special educational provision requisite) and, in relation to such an establishment, “patient” includes any sick or disabled person cared for therein;
“parent” includes a person who is not a parent of a person but who has parental responsibility for him;
“parental responsibility” has the meaning assigned to it by section 3 of the Children Act 1989; and
“school pupil” means a person in respect of whom provision for primary or secondary education is made and includes a person for whom such provision is made otherwise than at a school.
2
References in these Regulations to the place where a person is ordinarily resident are references to the address where that person is habitually and normally resident apart from temporary or occasional absences, except that no school pupil shall be treated as being ordinarily resident in the area of an education authority by reason only of his residing as a boarder at a school which is situated in the area of that authority.
3
References in these Regulations to the person responsible for a school pupil are to —
a
the parent with parental responsibility for him,
provided that if the parents of a school pupil with parental responsibility for him live in different education authority areas —
i
the person responsible for the pupil shall be the parent with parental responsibility for him with whom the pupil is habitually and normally resident,
ii
if the pupil is habitually and normally resident with more than one parent with parental responsibility for him, the person responsible for the pupil shall be the parent who is ordinarily resident nearest to the school attended by the pupil or to the place at which the pupil receives education otherwise than at school,
iii
if the pupil is not habitually and normally resident with a parent with parental responsibility for him, the person responsible for the pupil shall be the parent who is ordinarily resident nearest to the school attended by the pupil or to the place at which the pupil receives education otherwise than at school; or
b
where there is no parent with parental responsibility for him, to the person (not being a local authority) who has care of him when he is not attending school or living in boarding accommodation or in hospital.
General principle
3
Subject to regulations 4 to 10 below, a person shall be treated as belonging to the area of the education authority in which he is ordinarily resident or, where he has no ordinary residence, the area of the authority in which he is for the time being resident.
School pupils with statements of special educational needs living in boarding accommodation
4
1
This regulation shall not apply where regulation 7 below applies.
2
This regulation shall apply in the case of a school pupil —
a
for whom a statement of special educational needs is maintained under Part III of the Education Act 1993 ; and
b
who attends a boarding school or who is provided with boarding accommodation in pursuance of section 50(1) of the Education Act 1944 ; and
c
who does not spend his holidays with the person responsible for him.
3
Where the person responsible for such a pupil is ordinarily resident in the area of an education authority the pupil shall be treated as belonging to that area.
4
Where the person responsible for such a pupil is not ordinarily resident in the area of an education authority, or there is no person responsible for the pupil, the pupil shall be treated as belonging to the area of the education authority which maintains the statement.
School pupils with statements of special educational needs and pupils at special schools
5
1
This regulation shall not apply where regulation 4 above, 6 or 7 below applies.
2
This regulation shall apply in the case of a school pupil —
a
for whom a statement of special educational needs is maintained under Part III of the Education Act 1993; or
b
who is registered as a pupil at a special school.
3
Where the person responsible for such a pupil is ordinarily resident in the area of an education authority the pupil shall be treated as belonging to that area.
4
Where the person responsible for such a pupil is resident in England or Wales but is not ordinarily resident in the area of an education authority, the pupil shall be treated as belonging to the area of the authority in which the person responsible for such a pupil is for the time being resident.
5
Where —
a
the person responsible for such a pupil is not resident in England or Wales, and
b
there is a person who has care of the pupil who is ordinarily resident in England or Wales,
the pupil shall be treated as belonging to the area of the education authority in England or Wales where such person is ordinarily resident.
6
Where the person responsible for the pupil is not resident in England and Wales and there is no person who has care of the pupil in England or Wales, the pupil shall be treated as belonging to the area of the education authority making provision for his education.
School pupils resident in hospital
6
1
This regulation shall not apply where regulation 7 below applies.
2
This regulation shall apply in the case of a school pupil who —
a
is a patient in hospital; and
b
receives education in a special school established in hospital, or education referred to in section 298(1) of the Education Act 1993 otherwise than at school.
3
Where the person responsible for such a pupil is ordinarily resident in the area of an education authority the pupil shall be treated as belonging to that area.
4
Where the person responsible for such a pupil is not ordinarily resident in the area of an education authority, the pupil shall be treated as belonging to the area of the authority in which the person responsible for such a pupil is for the time being resident.
5
Where the person responsible for such a pupil is neither ordinarily nor for the time being resident in the area of an education authority, or there is no person responsible for the pupil, the pupil shall be treated as belonging to the area of the education authority in which the hospital is situated.
Children looked after by a local authority
7
1
This regulation shall apply to the exclusion of any other regulation which would otherwise apply to such a person.
2
This regulation shall apply in the case of a child who is looked after by a local authority —
a
for whom a statement of special educational needs is maintained under Part III of the Education Act 1993, or
b
who is registered as a pupil at a special school, or
c
who is a patient in hospital, and receives education either in a special school established in a hospital or education referred to in section 298(1) of the Education Act 1993 otherwise than at school, or
d
who is a further education student.
3
Such a person shall be treated as belonging to the education authority area which coincides with or includes the area of the local authority which looks after him.
Further education students becoming ordinarily resident for educational purposes
8
1
This regulation shall apply in the case of a further education student attending a course of further education (his“current course” ) who moved to become ordinarily resident in the area of an education authority for the purpose of attending either his current course or such a previous course as is mentioned in paragraph (3) below.
2
a
where immediately before so moving such a student was ordinarily resident in the area of another education authority he shall be treated as belonging to the area of that other authority for so long as he attends his current course; and
b
where immediately before so moving such a student was not ordinarily resident in the area of another education authority, he shall be treated as belonging to the area of the education authority in which he attends his current course.
3
The reference in paragraph (1) above and in regulation 9(1) below to a previous course is a reference to a course of further education or higher education which, disregarding an intervening vacation, the student was attending immediately before commencing his current course.
Further education students who change ordinary residence while attending courses
9
1
This regulation shall apply in the case of a student whose ordinary residence changes while he is attending a course of further education (his “current course”) or such a previous course as is mentioned in regulation 8(3) above.
2
Where the student was treated as belonging to the area of an education authority immediately before his change of ordinary residence he shall continue to be treated as belonging to that area for so long as he attends his current course.
Further education students in receipt of awards
10
1
This regulation shall apply to the exclusion of any preceding regulation which would otherwise apply to such a student.
2
This regulation shall apply in the case of a further education student attending a course of further education in respect of which he is granted an award by an education authority otherwise than pursuant to section 1 of the Education Act 1962 .
3
The student shall be treated as belonging to the area of the authority by whom the award was granted so long as he attends the course in question.
Revocation of regulations and transitional provisions
11
1
The Education (Areas to which Pupils and Students Belong) Regulations 1989 (in this regulation referred to as “the 1989 Regulations”) and the Education (Areas to which Pupils and Students Belong) (Amendment) Regulations 1990 are hereby revoked.
2
Notwithstanding paragraph (1) above the 1989 Regulations shall continue to apply in relation to any claim for payment made —
a
before 1st April 1995, under section 51(1) of the Education (No 2) Act 1986 as originally enacted; or
b
on or after 1st April 1995, under regulation 5 of the Education (Inter-authority Recoupment) Regulations 1994 .
Robin Squire
Parliamentary under Secretary of State,
Department for Education and Employment
26th February 1996
William Hague
Secretary of State for Wales
7th March 1996


text:
Title and commencement
1
This Order may be cited as the Specified Diseases (Notification) Order 1996 and shall come into force on 21st October 1996.
Interpretation
2
In this Order —
“Divisional Veterinary Manager” means the veterinary inspector appointed for the time being by the Minister to receive information about diseased or suspected animals, or the carcases of such animals, for the area in which such animals or carcases are situated;
“veterinary surgeon” means a veterinary surgeon (or veterinary practitioner) registered under the Veterinary Surgeons Act 1966 .
Notification of specified diseases
3
1
For the purposes of the Animal Health Act 1981 in its application to this article —
a
the definition of “animals” in section 87(1) is hereby extended to comprise ungulates; and
b
the definition of “disease” in section 88(1) is hereby extended to comprise the diseases listed in Part 1 of Schedule 1 to this Order.
2
A person who has in his possession or under his charge an animal or carcase which he knows or reasonably suspects is infected with a disease listed in Schedule 1 to this Order shall give notice of that fact as soon as practicable in accordance with article 5(1) below.
3
A veterinary surgeon or other person who, in the course of his duties, examines or inspects an animal or carcase which he reasonably believes is infected with a disease listed in Schedule 1 to this Order shall give notice of that fact as soon as practicable in accordance with article 5(1) below.
4
A person who, following analysis by him of a sample taken from an animal or carcase, reasonably suspects that the animal or carcase is infected with any of the diseases listed in Schedule 1 to this Order shall give notice of that fact as soon as practicable in accordance with article 5(1) below.
Notification of spongiform encephalopathy
4
1
For the purposes of the Animal Health Act 1981 in its application to this article —
a
the definition of “animals” in section 87(1) is hereby extended to comprise —
i
any kind of mammal except man, and
ii
any kind of four-footed beast which is not a mammal;
b
the definition of “poultry” in section 87(4) is hereby extended to comprise birds of all species; and
c
the definition of “disease” in section 88(1) is hereby extended to comprise any form of spongiform encephalopathy.
2
A person who, in the course of a laboratory examination of the carcase of any poultry, or of any animal other than a sheep, goat or animal of the bovine species, reasonably suspects the presence of spongiform encephalopathy, shall —
a
give notice of that fact as soon as practicable in accordance with article 5(1) below;
b
retain the sample examined and the remainder of the carcase until its disposal is authorised in writing by a veterinary inspector; and
c
if required in writing to do so by a veterinary inspector, surrender any samples in whatever form they are to a veterinary inspector.
3
This article shall not apply in relation to any spongiform encephalopathy which has been deliberately introduced into an animal, a carcase or a sample in a laboratory.
Notice
5
1
A notice under this Order shall be given to —
a
the Divisional Veterinary Manager;
b
an inspector; or
c
a constable of the police area in which the animal or carcase is situated.
2
An inspector (other than a veterinary inspector) or a constable who receives notice under this Order shall immediately inform a veterinary inspector of the facts notified.
Offences
6
Any person who, without lawful authority or excuse, contravenes or fails to comply with article 3 or 4 of this Order shall be guilty of an offence against the Animal Health Act 1981.
Enforcement
7
This Order shall be enforced by the local authority.
Revocations
8
The instruments in Schedule 2 of this Order are hereby revoked to the extent set out in Column 3 of that Schedule.
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
7th October 1996
Lindsay
Parliamentary Under Secretary of State,
Scottish Office
15th October 1996
Signed by authority of the Secretary of State for Wales
Jonathan Evans
Parliamentary Under Secretary of State,
Welsh Office
7th October 1996


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Occupational Pension Schemes (Modification of Schemes) Regulations 1996 and shall come into force on 6th April 1997.
2
In these Regulations —
“the 1995 Act ” means the Pensions Act 1995; and
“public service pension scheme” has the same meaning as in section 1 of the Pension Schemes Act 1993 .
3
In these Regulations, unless the context otherwise requires, a reference —
a
to a numbered regulation is to the regulation bearing that number in these Regulations;
b
in a regulation to a numbered paragraph is to the paragraph bearing that number in that regulation.
Extension of the meaning of “member”
2
In a case where a member (as defined in section 124(1) of the 1995 Act) has died, the meaning of “member” shall, for the purposes of section 67 of the 1995 Act and these Regulations, be extended to include the widow or widower or, in the case where there is no widow or widower, any other person who has an entitlement to a payment under the scheme in respect of the deceased member.
Certification requirement in respect of a power which would or might affect any entitlement or accrued right
3
1
For the purposes of section 67(4)(a) of the 1995 Act (certification requirements in respect of any power conferred on any person by an occupational pension scheme to modify that scheme) the prescribed requirement is that an actuary shall certify to the trustees of the scheme that, in his opinion, the exercise of the power in the proposed manner to modify the scheme would not adversely affect any member of the scheme (without his consent) in respect of his entitlement, or accrued rights, acquired before that power is exercised.
2
The reference to an actuary in paragraph (1) shall mean —
a
in a case where the requirement of section 47(1)(b) of the 1995 Act (appointment of professional advisers) applies, the individual appointed by the trustees or managers as actuary in accordance with the requirements of section 47 of the 1995 Act;
b
in any other case —
i
a Fellow of the Institute of Actuaries,
ii
a Fellow of the Faculty of Actuaries, or
iii
a person with actuarial qualifications who is approved by the Secretary of State.
Consent requirement in respect of a power which would or might affect any entitlement or accrued right
4
For the purposes of section 67(4)(b) of the 1995 Act (consent requirements in respect of any power conferred on any person by an occupational pension scheme to modify that scheme) the prescribed requirement is that the consent of the member of a scheme to the proposed exercise of the power to modify be in writing.
Circumstances where consent to the exercise of a power to modify shall be treated as given
5
Where a power to which section 67 of the 1995 Act applies may not (apart from that section) be exercised without the consent of any person, such consent may be treated as given where —
a
the trustees have sent written notification (“the first notification”) to the member’s last known address of the proposed exercise of the power to modify the scheme;
b
a further written notification (“the second notification”) was sent by the trustees at least 2 months after the date the first notification was sent; and
c
no response was received from the member in respect of both the first notification and second notification before the end of a period of 1 month from the date the second notification was sent.
Exemption from the restriction on powers to modify schemes
6
For the purposes of section 67(5) of the 1995 Act (restriction on the power to modify does not apply to the exercise of a power in a prescribed manner) the prescribed manner is, in the case of an occupational pension scheme which is not a trust scheme, the exercise of the power by the managers with the member’s consent.
Power of trustees to modify trust schemes by resolution
7
For the purposes of section 68(6) of the 1995 Act (power to modify schemes by resolution does not apply to trust schemes falling within a prescribed class or description) the prescribed class or description is any trust scheme —
a
in respect of which any Minister of the Crown has given a guarantee or made arrangements for the purpose of securing that the assets of the scheme are sufficient to meet its liabilities; or
b
which is a public service pension scheme.
Civil penalties
8
Where any person fails to comply with the requirements in a case where either regulation 3, 4 or 5 applies, the Occupational Pensions Regulatory Authority may require that person to pay within 28 days a penalty which shall —
a
in the case of an individual not exceed £5,000; and
b
in any other case, not exceed £50,000.
Signed by authority of the Secretary of State for Social Security.
Oliver Heald
Parliamentary Under-Secretary of State,
Department of Social Security
2nd October 1996


text:
Citation and commencement
1
This Order may be cited as the Hartlepool and Peterlee Hospitals National Health Service Trust Dissolution Order 1996 and shall come into force on 1st April 1996.
Dissolution of NHS trust
2
The Hartlepool and Peterlee Hospitals National Health Service Trust established by the Hartlepool and Peterlee Hospitals National Health Service Trust (Establishment) Order 1993 is hereby dissolved, and accordingly that Order is hereby revoked.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State,
Department of Health
18th March 1996


text:
1
This Order may be cited as the European Communities (Definition of Treaties) (Partnership and Co-operation Agreement between the European Communities and their Member States and the Republic of Kazakhstan) Order 1996. It shall come into force in respect of the treaty specified in the Schedule to this Order on the date on which the treaty enters into force for the United Kingdom. This date will be notified in the London, Edinburgh and Belfast Gazettes.
2
The treaty specified in the Schedule to this Order is to be regarded as a Community Treaty as defined in section 1(2) of the European Communities Act 1972.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Merchant Shipping (Fees) Regulations 1996 and shall come into force on 1st February 1997.
Interpretation and revocation
2
1
In these Regulations:
“the Act of 1995 ” means the Merchant Shipping Act 1995;
“ Marine Safety Agency ” means the Marine Safety Agency, an executive agency of the Department of Transport;
“ Radio Rules ” means the following:
the Merchant Shipping (Radio) (Fishing Vessels) Rules 1974 ;
regulations 125A, 125B, 125C, 130 and 131 of the Fishing Vessels (Safety Provisions) Rules 1975 ;
the Merchant Shipping (Radio Installations) Regulations 1992 ;
the Merchant Shipping (Navigational Equipment) Regulations 1993 ; and
the Merchant Shipping (Survey and Certification) Regulations 1995 , so far as those Regulations relate to radio installations on cargo ships;
“tons” means gross tons, and the tonnage of a ship having alternative gross tonnages shall be taken to be the larger of those tonnages.
2
Subject to regulation 3 below,
a
the following Regulations are hereby revoked:
The Merchant Shipping (Fees) Regulations 1995 ;
The Merchant Shipping (Fees) (Amendment) Regulations 1996 ;
b
in the Merchant Shipping (Certificates of Competency as A.B.) Regulations 1970 Schedule 3 shall be omitted.
3
Nothing in these Regulations shall apply to any work involved in carrying out a service before these Regulations come into force.
4
Where a fee is determined by the amount of work involved on or off the ship–
a
travelling time in excess of 4 hours for each visit to a ship in the United Kingdom shall be disregarded;
b
travelling time includes the time taken to travel from the United Kingdom to a ship overseas and back to the United Kingdom, subject to a maximum of 10 hours in any 24 hour period;
c
the cost of travelling and subsistence incurred in visiting a ship outside the United Kingdom shall be charged additionally to the hourly rate;
d
where the work is carried out in conjunction with a non-statutory survey for which fees are not payable under these Regulations, the work involved shall be the extra time taken to ensure compliance with the requirements for which fees are charged under these Regulations;
e
any specific costs incurred in respect of computer or outside services shall be charged additionally to the hourly rate;
f
in the case of fees payable for services in connection with the Radio Rules where the amount of work chargeable for is not an exact hour, the time shall be rounded up to the nearest quarter hour.
5
1
The fees payable for the services specified in the Schedule to these Regulations shall be the fees specified in relation thereto in that Schedule.
2
The fee in the case of a survey or periodical inspection for the issue, renewal or endorsement of a certificate shall cover the issue or endorsement of that certificate except in the case of the issue of a certificate pursuant to the Radio Rules where the survey for the purpose of such a certificate was performed abroad by a locally appointed surveyor. In such a case the work involved in the issue of the certificate shall be charged for separately at the hourly rate of £23 for fishing vessels and £26 for other ships.
3
Where a fee is payable under these Regulations is for, or covers, the issue or endorsement of, a certificate, the certificate need not be issued or endorsed unless that fee has been paid.
Signed by authority of the Secretary of State for Transport
Goshen
Parliamentary Under Secretary of State,
Department of Transport
18th December 1996
We consent to the making of these Regulations.
Bowen Wells
Richard Ottaway
Two of the Lords Commissioners of Her Majesty’s Treasury
19th December 1996