text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Jobseeker’s Allowance (Transitional Provisions) Regulations 1996 and shall come into force on 4th November 1996.
2
In these Regulations —
“ the Act ” means the Jobseekers Act 1995;
“benefit week” —
where the benefit is income support, has the meaning it has in the Income Support Regulations by virtue of regulation 2(1) of those Regulations;
where the benefit is unemployment benefit, means a period of 7 days ending on the day corresponding to the particular day specified in a written notice last given him by the Secretary of State for the purpose of claiming unemployment benefit;
where the benefit is a jobseeker’s allowance, has the same meaning it has in the Jobseeker’s Allowance Regulations by virtue of regulation 1(3) of those Regulations ;
“ Claims and Payments Regulations ” means the Social Security (Claims and Payments) Regulations 1987 ;
“day of unemployment” means a day which would, for the purposes of section 25A of the Benefits Act as in force on 6th October 1996 , be treated as a day of unemployment;
“the Income Support Regulations” means the Income Support (General) Regulations 1987 ;
“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 1996 ;
“jobseeking period” has the meaning specified in regulation 2;
“period of interruption of employment” in relation to unemployment benefit has the same meaning in these Regulations as it had in the Benefits Act by virtue of section 25A of that Act as in force on 6th October 1996;
“the relevant day” means —
in relation to income support, 6th October 1996; and
in relation to unemployment benefit —
except in a case to which head (ii) applies, 5th October 1996; or
where in any particular case 6th October 1996 is a day of unemployment, that day;
“training” means training for which a training allowance is payable;
“training allowance” means an allowance (whether by way of periodical grants or otherwise) payable —
out of public funds by a Government department or by or on behalf of the Secretary of State for Education and Employment, Scottish Enterprise or Highlands and Islands Enterprise; and
to a person for his maintenance or in respect of a member of his family; and
for the period, or part of the period, during which he is following a course of training or instruction provided by, or in pursuance of arrangements made with, that department or approved by or on behalf of the Secretary of State for Education and Employment, Scottish Enterprise or Highlands and Islands Enterprise,
but it does not include an allowance paid by any Government department to or in respect of a person by reason of the fact that he is following a course of full-time education, other than under arrangements made under section 2 of the Employment and Training Act 1973 , or section 2 of the Enterprise and New Towns (Scotland) Act 1990 or is training as a teacher;
“transitionally protected period” means the period specified in regulation 10;
“the Unemployment Benefit Regulations ” means the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983 .
3
In these Regulations, unless the context otherwise requires a reference —
a
to a numbered section is to the section of the Act bearing that number;
b
to a numbered regulation is to the regulation in these Regulations bearing that number;
c
in a regulation to a numbered paragraph is to the paragraph in that regulation bearing that number;
d
in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number.
4
For the avoidance of doubt, a person complies with any requirement or provision of these Regulations if he is treated as complying with that requirement or provision.
Jobseeking Period
2
1
For the purposes of these Regulations, but subject to the following provisions of this regulation, the “jobseeking period” means any period throughout which the claimant satisfies or is treated as satisfying the conditions specified in paragraphs (a) to (c) and (e) to (i) of subsection (2) of section 1 (conditions of entitlement to a jobseeker’s allowance).
2
Any period in which —
a
a claimant does not satisfy any of the requirements in section 1(2)(a) to (c); and
b
a jobseeker’s allowance is payable to him on the grounds that the adjudication officer is satisfied that unless a jobseeker’s allowance is paid to the claimant he or a member of his family will suffer hardship,
shall, for the purposes of paragraph (1), be treated as a period in which the claimant satisfies the conditions specified in paragraphs (a) to (c) of subsection (2) of section 1.
3
Any period in which a claimant is entitled to a jobseeker’s allowance in accordance with regulation 13(3) shall, for the purposes of paragraph (1), be treated as a period in which the claimant satisfies the conditions specified in paragraphs (a) to (c) and (e) to (i) of subsection (2) of section 1.
4
The following periods shall not be, or be part of, a jobseeking period —
a
any period in respect of which no claim for a jobseeker’s allowance has been made or treated as made;
b
such period as falls before the day on which a claim for a jobseeker’s allowance is made or is treated as made or, where good cause is shown for a claim outside the prescribed time for claiming, before the earliest date in respect of which good cause is shown;
c
where a claim for a jobseeker’s allowance has been made or treated as made but no entitlement to benefit arises in respect of a period before the date of claim by virtue of section 1(2) of the Administration Act (limits for backdating entitlement), that period;
d
where —
i
a claimant satisfies the conditions specified in paragraphs (a) to (c) and (e) to (i) of subsection (2) of section 1; and
ii
entitlement to a jobseeker’s allowance ceases on the ground that the claimant failed to comply with requirements imposed by regulations made under section 8(1) (attendance, information and evidence),
the period beginning with the date in respect of which, in accordance with any such regulations, entitlement ceases and ending with the day before the date in respect of which the claimant again becomes entitled to a jobseeker’s allowance; or
e
any week in which a claimant is not entitled to a jobseeker’s allowance in accordance with section 14 (trade disputes).
Linking Periods
3
1
For the purposes of these Regulations, two or more jobseeking periods shall be treated as one jobseeking period where they are separated by a period comprising only —
a
any period of not more than 12 weeks;
b
a linked period;
c
any period of not more than 12 weeks falling between —
i
any two linked periods; or
ii
a jobseeking period and a linked period;
d
a period in respect of which the claimant is summoned to jury service and is required to attend court.
2
Linked periods for the purposes of these Regulations are any of the following periods —
a
to the extent specified in paragraph (3), any period throughout which the claimant is entitled to an invalid care allowance under section 70 of the Benefits Act;
b
any period throughout which the claimant is incapable of work, or is treated as incapable of work, in accordance with Part XIIA of the Benefits Act ;
c
any period throughout which the claimant was entitled to a maternity allowance under section 35 of the Benefits Act;
d
any period throughout which the claimant was engaged in training;
e
a period which includes 6th October 1996 during which the claimant attends court in response to a summons for jury service and which was immediately preceded by a period of entitlement to unemployment benefit.
3
For the purpose of paragraph (4) a day of unemployment shall form part of a period of interruption of employment if a jobseeking period begins within 6 days of that day.
4
Any period of interruption of employment which ends within 8 weeks of the commencement of a jobseeking period as described in regulation 2(1) shall be treated, for the purposes of this regulation, as a jobseeking period.
5
A period of entitlement to an invalid care allowance shall be a linked period only where it enables the claimant to satisfy contribution conditions for entitlement to a contribution-based jobseeker’s allowance which he would otherwise be unable to satisfy.
Termination and Cancellation of Awards of Income Support
4
1
An award of income support current in the benefit week which includes the relevant day ( “the current benefit week”) shall terminate immediately before the beginning of the benefit week which follows the current benefit week —
a
where —
i
the person entitled was required to satisfy the provisions of section 124(1)(d)(i) of the Benefits Act (available for and actively seeking employment) as in force on the relevant day; and
ii
but for any provision of the Act and these Regulations, the award would have continued beyond the current benefit week; or
b
where the person —
i
is not required, in accordance with regulation 8 of, and Schedule 1 to, the Income Support Regulations to be available for employment; and
ii
is not a person to whom regulation 8 of the Claims and Payments Regulations (attendance in person) applies; and
iii
does in fact make himself available for and actively seek employment and declares himself to be so.
2
An award of income support to a person commencing on a date after the current benefit week, shall be cancelled where the person’s entitlement was dependent upon his satisfying the requirements of section 124(1)(d)(i) of the Benefits Act (available for and actively seeking employment) as in force on the relevant day.
Transition from Unemployment Benefit to a Jobseeker’s Allowance
5
1
Paragraph (2) shall apply in the case of a person to whom unemployment benefit was payable in respect of the relevant day.
2
In a case where, in accordance with a notice issued to him under regulation 19 of, and paragraph 1 of Schedule 5 to, the Claims and Payments Regulations, a person claims unemployment benefit —
a
on or after 7th October 1996 but before 13th October 1996 and in consequence of that claim unemployment benefit is awarded, that award shall have effect as —
i
an award of unemployment benefit until the end of the benefit week that includes the relevant day; and
ii
thereafter as an award of a jobseeker’s allowance until such date as the claimant fails to satisfy, or in respect of which he ceases to be treated as satisfying, any condition of entitlement to a jobseeker’s allowance that applies in his case;
b
on a day falling on or after 14th October 1996 but before 20th October 1996 and in consequence of that claim unemployment benefit is awarded, that award shall have effect as —
i
an award of unemployment benefit for the first benefit week falling within the period of the claim; and
ii
thereafter as an award of a jobseeker’s allowance until such date as the claimant fails to satisfy, or in respect of which he ceases to be treated as satisfying, any condition of entitlement to a jobseeker’s allowance which applies in his case.
3
An award of unemployment benefit —
a
made in accordance with regulation 17(2)(b) of the Claims and Payments Regulations; or
b
which is made on or after 7th October 1996 for a period commencing before 7th October 1996,
and which extends beyond the benefit week which includes the relevant day shall terminate at the end of that benefit week.
4
In the case of a person to whom paragraph (2) or (3) applies, his entitlement to unemployment benefit in the benefit week which includes the relevant day shall be determined as if the provisions of the Benefits Act, the Administration Act and the Regulations made under those Acts relating to unemployment benefit had continued in force in his case until the end of that benefit week and as if the Act did not apply to him in that benefit week.
5
A person who is treated as making a claim for a jobseeker’s allowance under this regulation shall, if he satisfies the conditions of entitlement to unemployment benefit in force on 6th October 1996, but subject to the provisions of these Regulations, be treated as satisfying the requirements of sections 1 and 2.
Transition from Unemployment Benefit to a Jobseeker’s Allowance: further provisions
6
1
A person who has an award of unemployment benefit, or unemployment benefit and income support, for the benefit week that includes the 7th October 1996, but to whom unemployment benefit is not payable in respect of the relevant day shall —
a
be treated as having an award of a jobseeker’s allowance from the first day of the benefit week after the benefit week that includes the relevant day until such date as he fails to satisfy, or ceases to be treated as satisfying, any condition of entitlement to a jobseeker’s allowance that applies in his case; and
b
be treated as satisfying the requirements of section 1(2)(b) (jobseeker’s agreement) until the day he actually enters into a jobseeker’s agreement in accordance with section 9(1) or until, in a case where a proposed jobseeker’s agreement is referred to an adjudication officer for him to determine, the day the adjudication officer gives a direction in accordance with section 9(7).
2
For the purposes of paragraph (1), a person who is disqualified for receiving unemployment benefit in accordance with section 28 of the Benefits Act as in force on 6th October 1996 for the benefit week that includes 7th October 1996 shall be treated as having an award of unemployment benefit for that week.
3
A person who, in respect of his claim for unemployment benefit, or unemployment benefit and income support, has restricted the hours he is available for work to 40 hours or more a week, shall be treated as having recorded his pattern of availability in the jobseeker’s agreement he is treated as having entered into under paragraph (1)(b).
Jobseeker’s Allowance to replace Income Support and Unemployment Benefit
7
1
Subject to the following provisions of this regulation, a person who is paid benefit in respect of the relevant day in accordance with an award of income support or unemployment benefit, or income support and unemployment benefit, and the award is terminated in accordance with the preceding provisions of these Regulations shall be treated as having been awarded a jobseeker’s allowance for a period commencing on the first day of the next benefit week to begin for that claimant on or after 7th October 1996 and continuing until such date as he fails to satisfy, or in respect of which he ceases to be treated as satisfying, any condition of entitlement to a jobseeker’s allowance, except in relation to a contribution-based jobseeker’s allowance, those specified in sections 1(2)(e) and 2(1)(c), which applies in his case.
2
A person whose award of income support is cancelled in accordance with regulation 4(2) shall be treated as having been awarded an income-based jobseeker’s allowance as from the date the award of income support would have taken effect and continuing until such date as he fails to satisfy, or in respect of which he ceases to be treated as satisfying, any condition of entitlement to a jobseeker’s allowance which applies in his case.
3
A person —
a
to whom unemployment benefit was payable in respect of the relevant day; and
b
to whom unemployment benefit was not payable in respect of either 6th or 7th April 1996; and
c
who had on the relevant day been entitled to unemployment benefit for 156 days or more (including the relevant day) in the period of interruption of employment which included the relevant day,
shall not be treated as entitled to a contribution-based jobseeker’s allowance in accordance with paragraph (1) nor as having an award of a jobseeker’s allowance in accordance with regulation 5(2).
Claims for Entitlement to a Jobseeker’s Allowance
8
1
The following provisions of this regulation shall apply in the case of a person who is treated as having an award of a jobseeker’s allowance in accordance with regulation 5 or 7.
2
A person to whom regulation 5 or 7 applies shall be treated as having satisfied the condition mentioned in section 1(2)(b) (jobseeker’s agreement) for so long as the award is in force or, if earlier, until the day he actually enters into such an agreement in accordance with section 9(1) or until, in a case where a proposed jobseeker’s agreement is referred to an adjudication officer for him to determine, the day the adjudication officer gives a direction in accordance with section 9(7).
3
A person who, in respect of his claim for income support or unemployment benefit, or income support and unemployment benefit, has restricted the hours he is available for work to 40 hours or more a week shall be treated as having recorded his pattern of availability in the jobseeker’s agreement he is treated as having entered into under paragraph (2).
4
In the case of a person to whom unemployment benefit was payable in respect of either 6th or 7th April 1996 and where the period of interruption of employment that was current on that date was also current on the relevant day —
a
section 5(1) shall have effect as if the reference to 182 days was a reference to 312 days; and
b
in any benefit week commencing on or after 7th October 1996, Sunday or such other day of the week which before that date was, in the claimant’s case, substituted for Sunday in accordance with regulation 4 of the Unemployment Benefit Regulations as in force on 6th October 1996 shall be disregarded solely for the purpose of determining whether in the aggregate a person has been entitled to a contribution-based jobseeker’s allowance for 312 days.
5
In the case of a person to whom unemployment benefit was not payable in respect of either 6th or 7th April 1996 —
a
section 5(1) shall have effect as if the reference to 182 days was a reference to 156 days; and
b
in any benefit week commencing on or after 7th October 1996, Sunday or such other day of the week which before that date was, in the claimant’s case, substituted for Sunday in accordance with regulation 4 of the Unemployment Benefit Regulations as in force on 6th October 1996 shall be disregarded solely for the purpose of determining whether in the aggregate a person has been entitled to a contribution-based jobseeker’s allowance for 156 days.
6
Any day of unemployment which fell within a period of interruption of employment current on the relevant day shall be treated as a day of entitlement to a contribution-based jobseeker’s allowance for the purpose of determining whether the 182 days mentioned in section 5(1), or 312 days in a case to which paragraph (3) applies, has been exceeded.
7
In the case of a person who on the relevant day —
a
was summoned for jury service and unemployment benefit was payable to him in respect of the day immediately preceding the day on which he was required to serve as a juror; or
b
was taking part in training and unemployment benefit or income support was, or both were, payable to him in respect of the day immediately preceding the day in respect of which that training began; and
c
would, but for being summoned for jury service or taking part in training, have been available for and actively seeking employment,
he shall be treated for the purposes of these Regulations as if —
i
on the relevant day, he had an award of unemployment benefit if he had such an award immediately before the jury service or, as the case may be, the training began; or
ii
on the relevant day, he had an award of income support if he had such an award before the training began; and
iii
the award he was treated as having was terminated in accordance with paragraph (1) or, as the case may be, paragraph (2) of regulation 4.
8
Where a person to whom paragraph (7) applies had been entitled to an increase in his unemployment benefit in respect of an adult dependant and that increase was payable to him immediately preceding the day on which he was required to serve as a juror or the day training began, he shall be treated for the purposes of these Regulations as if that increase was payable to him in respect of the relevant day.
9
In the case of a person to whom the requirements of one or more of sub-paragraphs (a), (b) or (c) of paragraph (7) apply on either 6th or 7th April 1996, regulation 7 shall apply in his case as if he had in fact been in receipt of unemployment benefit for one of those days.
10
In the case of a person who on the relevant day —
a
was summoned for jury service and was required to serve as a juror; and
b
was entitled to income support; and
c
would but for being summoned for jury service have been available for and actively seeking employment,
and where income support was payable to him in respect of the day immediately preceding the day on which he was required to serve as a juror, his award of income support shall end at the end of the benefit week which includes the last day in respect of which he was summoned for jury service and regulation 7 shall apply in his case as if paragraph (1) referred to that benefit week and not the benefit week which commenced on or after 7th October 1996.
Further provisions applying to a continuing entitlement to a Jobseeker’s Allowance
9
1
A person’s continuing entitlement to a jobseeker’s allowance shall be subject to the following provisions of this regulation where an award of jobseeker’s allowance —
a
is made on a claim treated as made for that benefit in accordance with regulation 5; or
b
has effect in accordance with regulation 7.
2
A claimant is required to satisfy —
a
the conditions of entitlement set out in section 1(2)(a) to (c) on a weekly basis; and
b
the other conditions for entitlement to a contribution-based jobseeker’s allowance other than those specified in sections 1(2)(e) and 2(1)(c), for each day of the week except Sunday or, where in a particular case another day was substituted for Sunday under regulation 4 of the Unemployment Benefit Regulations as in force on 6th October 1996, except that day of the week.
3
Paragraph (4) applies —
a
as from the first day in the benefit week which in a particular case immediately follows the benefit week which includes 6th April 1997 except in the case of a person whose transitionally protected period ended before that date; or
b
as from the first day in an award of a jobseeker’s allowance where the claimant satisfied the requirements of section 2 and where —
i
that day forms part of a jobseeking period separated by more than 8 weeks but less than 12 weeks from the last day of the transitionally protected period, or where there is no such day, the relevant day if unemployment benefit was payable in respect of that day;
ii
that day forms part of a jobseeking period which is separated by not more than 12 weeks from a period of interruption of employment; or
iii
the tax years which in accordance with section 2, are to be satisfied for entitlement to a contribution-based jobseeker’s allowance to arise are the same tax years as those by reference to which entitlement to unemployment benefit arose on a claim made by the claimant in respect of a day before 7th October 1996.
4
Where this paragraph applies the number of days which are to be aggregated for the purposes of section 5(1) shall be determined in accordance with the formula —
( A + B ) × 7 6
where —
A=the number of days entitlement to unemployment benefit in any period of interruption of employment to which paragraph (3) refers;
B=the number of days entitlement to a contribution-based jobseeker’s allowance falling within the transitionally protected period.
5
Any fraction produced by applying the formula set out in paragraph (4) shall be disregarded.
6
Paragraphs (4) and (5) shall apply to a claimant to whom a jobseeker’s allowance is awarded other than in accordance with regulation 5 or 7 where —
a
the first day of that award forms part of a jobseeking period which is separated by not more than 12 weeks from a period of interruption of employment; or
b
the tax years which in accordance with section 2 are to be satisfied for entitlement to a contribution-based jobseeker’s allowance to arise are the same tax years as those by reference to which entitlement to unemployment benefit arose on a claim made by the claimant in respect of a day before 7th October 1996.
Transitionally Protected Period
10
1
The transitionally protected period commences in the case of any particular claimant on the first day in the benefit week which commences in his case on or after 7th October 1996 and applies to a claimant —
a
who was awarded a jobseeker’s allowance on a claim treated as made under regulation 5(2); or
b
whose award of unemployment benefit terminated in accordance with regulation 5(3).
2
The transitionally protected period ends in the case of any particular claimant on the last day in the benefit week which includes 6th April 1997 or, if earlier, on the termination of any period of entitlement to a contribution-based jobseeker’s allowance which does not link, in accordance with this regulation, with any subsequent period of entitlement to a contribution-based jobseeker’s allowance.
3
For the purposes of determining whether in any particular case the transitionally protected period has ended, periods of entitlement to a contribution-based jobseeker’s allowance —
a
separated by not more than 8 weeks shall link;
b
separated by more than 8 weeks shall not link,
and in determining whether any particular periods of entitlement link, any period which is for the purposes of regulation 3(2) a linked period shall be disregarded.
4
Where a person —
a
is entitled to a jobseeker’s allowance and that entitlement falls within the transitionally protected period;
b
satisfies the requirements of section 2 but not those of section 3; and
c
unemployment benefit was payable in respect of the relevant day and the benefit included an increase for an adult dependant,
that dependency increase shall be payable as an addition to the person’s contribution-based jobseeker’s allowance but only for so long as he continues to satisfy the conditions of entitlement to the dependency increase which applied on that day, and the provisions of Part III of the Social Security Benefit (Dependency) Regulations 1977 and Part III of the Social Security (Hospital In-Patients) Regulations 1975 as they apply to unemployment benefit as in force on 6th October 1996 shall apply to it.
5
Where a person had not attained the age of 55 on the relevant day then for any week falling within the transitionally protected period in which he has still not attained that age section 30 of the Benefits Act shall apply in his case as if it had not been repealed, and the deductions prescribed under section 4(1)(b) in so far as they relate to pension payments shall not be made.
6
In the case of a person who, on the relevant day —
a
had attained pensionable age; and
b
to whom unemployment benefit was payable in accordance with an award made by virtue of section 25(2)(b) or (c) of the Benefits Act,
his continuing entitlement to a contribution-based jobseeker’s allowance shall be determined in the transitionally protected period as if those provisions of the Benefits Act continued to apply in his case and the requirement of section 1(2)(h) did not apply, but subject to section 5(1) and regulation 9 (further provisions applying to a continuing entitlement to a jobseeker’s allowance).
7
In the transitionally protected period, where the weekly amount payable in accordance with section 4(1)(a) is less than the amount of unemployment benefit payable in the claimant’s case for the benefit week which includes the relevant day or which would have been payable in that week, but for any adjustments made in that week, in accordance with paragraph 1 of Schedule 4 to the Benefits Act, the age-related amount applicable in that case shall be an amount equal to the amount formerly payable by way of unemployment benefit under that provision.
8
In paragraph (7) the reference to the amount of unemployment benefit includes a reference to the amount of unemployment benefit which would have been payable had not the claimant been summoned as a juror or been undergoing training.
9
Where a person is entitled to an income-based jobseeker’s allowance, an amount equal to any dependency increase payable to him in accordance with section 82 of the Benefits Act in respect of an adult dependant for the relevant day who does not reside with him, or any dependency increase payable to him in accordance with section 80(2)(a) of the Benefits Act in respect of the relevant day in respect of a child who does not reside with him, shall be —
a
included in the applicable amount of the person; and
b
disregarded in determining the amount of the person’s income,
but only for so long as he continues to satisfy the conditions of entitlement to the dependency increase which applied on that day, or until the end of the benefit week which for him includes 7th April 1997, whichever is the earlier.
10
In a case where unemployment benefit was payable in respect of the relevant day and the benefit included an increase for an adult dependant, continuing entitlement to the benefit and the increase shall be determined as if the provisions of regulation 14(1)(b) of the Social Security (Overlapping Benefits) Regulations 1979 continued to apply, notwithstanding that those provisions have ceased to have effect.
11
In the transitionally protected period, the provisions of regulation 14(2) of the Social Security (Overlapping Benefits) Regulations 1979 shall continue to apply in order to adjust the amount of unemployment benefit payable to a claimant for part of a week, notwithstanding that those provisions have ceased to have effect.
Saving provisions
11
1
During the transitionally protected period —
a
regulation 3(3), (4A), (4B), (5) and (6) of the Social Security Benefit (Computation of Earnings) Regulations 1978 as in force on 6th October 1996 shall continue to apply for the purposes of calculating or estimating a person’s earnings in determining his entitlement to a contribution-based jobseeker’s allowance; and
b
regulation 4 of the Unemployment Benefit Regulations as in force on 6th October 1996 shall continue to apply for the purpose of determining whether a day of the week substituted for Sunday shall be disregarded in calculating a person’s aggregate entitlement to a contribution- based jobseeker’s allowance.
Jurors entitled to Income Support on the relevant day
12
1
This regulation applies to a person who in the benefit week which includes the relevant day was a juror and —
a
was entitled to income support without satisfying the requirement that he be available for employment in that week by virtue of regulation 8(1) of, and paragraph 17 of Schedule 1 to, the Income Support Regulations;
b
immediately before commencing his duties as a juror was entitled to income support where the applicable amount was reduced in accordance with regulation 21A or 22 of the Income Support Regulations ; and
c
before the benefit week which includes 6th April 1997, he ceases to be a juror.
2
When the person to whom paragraph (1) applies ceases to be a juror —
a
his award of income support shall terminate at the end of the benefit week in which he ceases to be a juror; and
b
he shall be treated as having been awarded an income-based jobseeker’s allowance for a period commencing on the first day of the benefit week which follows the benefit week in which his award of income support is terminated.
3
Where an amount prescribed in accordance with section 4(5) which is applicable in the case of a person treated as having been awarded an income-based jobseeker’s allowance under paragraph (2)(b) is less than the amount which was applicable for the purpose of his award of income support under Schedule 2, or, as the case may be, Schedule 7 to the Income Support Regulations, reduced in accordance with regulation 21A or 22 of those Regulations, in the last benefit week to which his applicable amount was subject to such a reduction, then the higher amount which was applicable in the award of income support shall also be applicable for the purposes of determining the amount of income-based jobseeker’s allowance payable in his case.
4
An award having effect in accordance with this regulation shall continue until such date as the claimant fails to satisfy, or in respect of which he ceases to be treated as satisfying, any condition of entitlement which applies in his case, or if earlier, until the end of the benefit week which includes 6th April 1997.
Earnings during the Transitionally Protected Period
13
1
During the transitionally protected period, a person’s entitlement to a contribution-based jobseeker’s allowance shall be subject to the conditions set out in this regulation.
2
A person’s entitlement to a contribution-based jobseeker’s allowance in any week is subject to the condition that, on each day in that week he continues to satisfy the requirements of regulations 7(1)(g)(i) and (iii) and (o) of the Unemployment Benefit Regulations as in force on 6th October 1996, except on a day on which regulation 9 of those Regulations would have applied to him, notwithstanding that those provisions have ceased to have effect but as if the references to regulations 10, 11 and 12 were omitted and as if regulation 7(5B) continued to apply.
3
Regulation 7(1)(g)(i) and (iii) and (o) of the Unemployment Benefit Regulations shall apply as if the reference to “unemployment benefit” was a reference to a contribution-based jobseeker’s allowance, and as if for references to “day of unemployment” there were substituted references to a day on which a person satisfies the conditions of entitlement to a jobseeker’s allowance specified in sections 1(2)(a) to (c) and (f) to (i) and 2(1)(a), (b) and (d).
4
Where a person has one or more days in any week on which he fails to satisfy the conditions of paragraph (2) —
a
he may nonetheless qualify for a contribution-based jobseeker’s allowance on the other days in that week except Sunday or the day which in his case was substituted for Sunday in accordance with regulation 4 of the Unemployment Benefit Regulations as in force on 6th October 1996; and
b
except where sub-paragraph (c) applies, the amount of the contribution-based jobseeker’s allowance payable to him in that week shall be reduced by an amount equal to one-sixth of the weekly amount for each day in that week on which he fails to satisfy those requirements; or
c
no contribution-based jobseeker’s allowance shall be payable to him in that week where, had regulation 7(1)(o) of the Unemployment Benefit Regulations (weekly earnings in excess of lower earnings limit) as in force on 6th October 1996 applied in his case, no unemployment benefit would have been payable for that week.
5
Where a person has one or more days in a week on which he fails to satisfy the conditions specified in paragraph (2) and in consequence of which a jobseeker’s allowance is not payable, those days shall not be treated as days of entitlement to a contribution-based jobseeker’s allowance for the purposes of section 5(1).
Earnings generally
14
1
In the transitionally protected period, the amount of a person’s earnings shall, for the purpose of determining a person’s entitlement to an amount of a contribution-based jobseeker’s allowance, be calculated or estimated in accordance with section 3 of the Benefits Act and regulations 2 to 4 of the Social Security Benefit (Computation of Earnings) Regulations 1978 .
2
In any case where —
a
the amount of a person’s earnings are determined in accordance with provisions which applied before 7th October 1996 (“the old rules”); and
b
the person’s earnings subsequently fall to be determined in accordance with the provisions of the Act and the regulations made thereunder ( “the new rules”),
any earnings determined in accordance with the old rules shall be disregarded for the purposes of the new rules.
Part-time Students
15
1
This regulation applies to a person (referred to in this regulation as a “participant”) to whom regulation 5 or 7 applies and who on 31st July 1996 was entitled to income support or unemployment benefit.
2
In the case of a participant who on 31st July 1996 was treated as available for employment in accordance with regulation 9(1)(c) of the Income Support Regulations, he shall continue to be treated as available for employment for the purposes of a jobseeker’s allowance, notwithstanding any regulation to the contrary, for so long as he continues to satisfy —
a
the requirements of regulation 9(1)(c) of the Income Support Regulations as in force on 31st July 1996; and
b
the provisions of paragraph (4).
3
A participant who on 31st July 1996 —
a
although attending a course of study within the meaning of regulation 7(3)(c) of the Unemployment Benefit Regulations was not a student for the purposes of regulation 7(1)(m) of those Regulations ; or
b
although attending a course of study was not a student for the purposes of regulation 10 of the Income Support Regulations ,
shall be treated for the purposes of any regulations relating to a jobseeker’s allowance as if he was a part-time student within the meaning of those regulations for so long as he continues —
i
to attend the course of study referred to in sub-paragraph (a) or (b); and
ii
to satisfy the provisions of paragraph (4).
4
The provisions of this paragraph are that —
a
the participant continues to follow the course of study or, as the case may be, the course of education, training or instruction, which he was following on 31st July 1996; and
b
his award of a jobseeker’s allowance which arose in accordance with regulation 5 or on a claim treated as made under regulation 7 has not terminated and for the purpose of determining whether the award has terminated any period which is a linked period under regulation 3 shall be disregarded and two awards separated by a linking period shall be treated as a single award.
Claimants subject to disqualification or reduction in benefit
16
1
In the case of a person who on the relevant day was disqualified for receiving unemployment benefit in accordance with section 28 of the Benefits Act for a period which would not, but for the replacement of unemployment benefit with a jobseeker’s allowance, have expired on that day, the award of a contribution-based jobseeker’s allowance which arises under regulation 6 (Transition from Unemployment Benefit to a Jobseeker’s Allowance: further provisions) shall not be payable for the balance of that period.
2
A period of disqualification for receiving unemployment benefit as referred to in paragraph (1) shall be treated as a period during which a contribution-based jobseeker’s allowance was not payable to the claimant under section 19 and days during that period shall be treated as days of entitlement to a contribution-based jobseeker’s allowance for the purposes of section 5(1).
3
In the case of a person who on the relevant day was entitled to income support at a rate reduced in accordance with regulation 21A or 22 of the Income Support Regulations , any award of an income-based jobseeker’s allowance which has effect in accordance with regulation 7 shall be payable at the rate appropriate under section 4(3), reduced by a sum equal to the amount by which the income support had been reduced and only the balance (if any) shall be payable.
4
In the case of a person who on the relevant day had an award of income support and whose weekly applicable amount was reduced after the relevant day in accordance with regulation 21A of the Income Support Regulations —
a
any award of an income-based jobseeker’s allowance shall be reduced by a sum equal to an amount by which the weekly applicable amount would have been reduced; and
b
any denial of a jobseeker’s allowance in accordance with section 19 of the Act in respect of the period during which the weekly applicable amount would have been reduced shall be disregarded.
5
The reduction mentioned in paragraph (3) or (4) shall end —
a
in a case where the claimant was disqualified for receiving unemployment benefit and paragraph (1) applies, on the day after the day the balance of the period mentioned in that paragraph ends;
b
where a claim for unemployment benefit by the claimant, or a question which arose in connection with his award of unemployment benefit, had not been determined on the relevant day, on the day that claim or question is determined in the claimant’s favour;
c
except in a case which has already ended in accordance with sub-paragraph (a) or (b), on whichever day is the earlier of —
i
the date the award of an income-based jobseeker’s allowance terminates; or
ii
the benefit week which included 6th April 1997.
6
In the case of a person to whom a jobseeker’s allowance is not payable in accordance with section 19 or paragraph (1) for a period ending before or during the benefit week which includes 6th April 1997 —
a
where the period during which a jobseeker’s allowance was not payable ends during a benefit week, any award of an income-based jobseeker’s allowance under section 20(4) or paragraph (3) shall end on the last day of the previous benefit week;
b
where the period during which a jobseeker’s allowance was not payable ends on the last day of a benefit week, any award of an income-based jobseeker’s allowance under section 20(4) or paragraph (3) shall end on that day.
7
For the purpose of determining in accordance with paragraph (5)(c)(i) whether an award has terminated, periods of entitlement to an income-based jobseeker’s allowance —
a
separated by not more than 8 weeks shall link;
b
separated by more than 8 weeks shall not link,
and in determining whether any particular periods of entitlement link, any period which is for the purposes of regulation 3(2) a linked period shall be disregarded.
Treatment of Contribution-based Jobseeker’s Allowance as Earnings
17
1
In the transitionally protected period, a payment of a contribution-based jobseeker’s allowance which falls to be taken into account in determining the income of any person shall be treated as if it was payable on a daily basis for six days per week.
2
Paragraph (1) shall apply only in a case where the contribution-based jobseeker’s allowance is payable to a person who was entitled to unemployment benefit in the benefit week which included the relevant day.
3
The days of the week in respect of which the payment is treated as made shall be the same days as those in respect of which unemployment benefit was paid in the benefit week which included the relevant day.
4
The amount payable in respect of each of the 6 days shall be calculated —
a
except where sub-paragraph (b) applies, by dividing the total benefit payable for the week by 6; or
b
where payment is made for a part-week by dividing the total benefit payable by the number of days in the part-week and assigning no amount to the remaining days.
Questions not immediately ascertainable
18
1
During the transitionally protected period, where on consideration of a claim or question relating to a jobseeker’s allowance it appears to an adjudication officer that the claimant’s entitlement to, or the rate or amount of, that benefit depends on the determination of —
a
a question as to the amount of housing costs to be included in the claimant’s applicable amount, and the adjudication officer is satisfied that not all the housing costs can be immediately ascertained, he shall proceed to determine the claim or question on the assumption that the housing costs to be included in the claimant’s applicable amount are those which are immediately ascertainable;
b
a question as to whether the conditions specified in section 1(2) other than sub-paragraph (d)(i), or a question as to whether the conditions specified in section 2, other than those specified in sub-section (1)(c) or (d), are satisfied, and the adjudication officer is satisfied that the answer to one of those questions cannot be immediately ascertained, he shall proceed to determine the claim on the assumption that the answers to either question are those which are immediately ascertainable;
c
any of the questions mentioned in paragraph (2), and he is satisfied that the questions cannot be immediately determined, he shall proceed to determine the claim or question on the assumption that the determination of that question will be adverse to the claimant.
2
The questions referred to in paragraph (1)(c) are —
a
whether section 19 (circumstances in which a jobseeker’s allowance is not payable) applies for any period;
b
whether in relation to any claimant the applicable amount includes an amount by way of a severe disability premium by virtue of regulation 17(1)(d) or 18(1)(e) of, and paragraph 13 of Schedule 2 to, the Income Support Regulations (applicable amounts).
3
A determination relating to a jobseeker’s allowance made in accordance with the foregoing provisions of this regulation shall be reviewed where it is necessary to give effect to any determination on a question to which those provisions apply.
Claims for a Jobseeker’s Allowance
19
1
Claims made on or after 7th October 1996 for a jobseeker’s allowance may be treated by the Secretary of State as a claim in addition to, or as a claim for unemployment benefit or income support or both for a period before 7th October 1996.
2
A claim treated as made for unemployment benefit or income support in accordance with paragraph (1) shall be treated as made on the day the claim for a jobseeker’s allowance was made.
Attendance
20
For the purposes of these Regulations, a direction to attend an unemployment benefit office or to attend an office for the purposes of furnishing information or evidence under regulation 8(1) or (2) of the Claims and Payments Regulations in respect of a claim for income support or unemployment benefit and a written notice to attend an interview as referred to in regulation 7(1)(i) of the Unemployment Benefit Regulations shall continue to apply and both the direction and the written notice shall be treated as a notice under regulation 23 of the Jobseeker’s Allowance Regulations.
Evidence and information
21
1
In the period commencing on 7th October 1996 and ending on 20th October 1996, the requirement to provide information or evidence on or by a particular date under regulation 7(1) or 32(1) of the Claims and Payments Regulations shall continue to apply and shall be treated as a requirement to provide a signed declaration under regulation 24(6) of the Jobseeker’s Allowance Regulations on the day specified by the Secretary of State in accordance with regulation 24(10) of those Regulations.
2
Where a claimant has complied with regulation 7(1) or 32(1) of the Claims and Payments Regulations during the period commencing on 30th September 1996 and ending on 13th October 1996 for the purpose of claiming income support or unemployment benefit, information provided under those provisions shall be treated as satisfying the requirements of regulation 24(6) of the Jobseeker’s Allowance Regulations.
3
During the period commencing on 30th September 1996 and ending on 27th October 1996 for the purposes of regulation 26 of the Jobseeker’s Allowance Regulations, the reference to a claimant providing information or evidence which shows that he continues to be entitled to a jobseeker’s allowance shall include a reference to the requirement to comply with regulation 7(1) or 32(1) of the Claims and Payments Regulations for the purpose of claiming income support or unemployment benefit, and the reference to the day after he last attended in compliance with a notice under regulation 23 of the Jobseeker’s Allowance Regulations shall include a reference to the first day of his award of a jobseeker’s allowance.
Revocations
22
These Regulations revoke the Jobseeker’s Allowance (Transitional Provisions) Regula tions 1995 , the Jobseeker’s Allowance (Transitional Provisions) (Amendment) Regula tions 1996 , regulation 2 of the Social Security and Child Support (Jobseeker’s Allowance) (Transitional Provisions) (Amendment) Regulations 1996 , regulation 2 of the Social Security (Jobseeker’s Allowance and Payments on account) (Miscellaneous Amendments) Regulations 1996 and regulation 3 of the Social Security and Child Support (Jobseeker’s Allowance) (Miscellaneous Amendments) Regulations 1996 .
Signed by authority of the Secretary of State for Social Security.
Roger Evans
Parliamentary Under-Secretary of State,
Department of Social Security
10th October 1996


type: legislation

jurisdiction: UK

text:
1
1
These Regulations may be cited as the Exchange Gains and Losses (Insurance Companies) (Amendment) Regulations 1996 and shall come into force on 31st March 1996.
2
Regulation 4 shall have effect in relation to disposals taking place on or after 1st April 1996.
3
Regulation 5 shall have effect in relation to accounting periods ending after 31st March 1996.
2
The Exchange Gains and Losses (Insurance Companies) Regulations 1994 (“the principal Regulations”) shall be amended in accordance with regulations 3 to 5.
3
For paragraph (3) of regulation 1 of the principal Regulations there shall be substituted —
3
In these Regulations unless the context otherwise requires —
“basic valuation” shall be construed in accordance with section 159(1) of the 1993 Act ;
“loan relationship” shall be construed in accordance with the Corporation Tax Acts, except that a relationship shall not be a loan relationship where the profits or gains chargeable to tax under Case III of Schedule D which arise from the relationship are confined to interest;
“new holding” and “original shares” have the meanings given by section 126(1) of the 1992 Act ;
“regulation 7 asset” shall be construed in accordance with regulation 7(1);
“the Taxes Act ” means the Income and Corporation Taxes Act 1988 ;
“the 1992 Act” means the Taxation of Chargeable Gains Act 1992 ;
“the 1993 Act” means the Finance Act 1993.
4
At the end of the principal Regulations there shall be added —
7
1
An asset specified by this regulation is an asset to which regulations 8 to 12 apply; and any such asset is referred to in those regulations as a “regulation 7 asset”.
2
An asset is specified by this regulation if it is an asset which, at the time of its disposal —
a
represents a loan relationship of a company;
b
is an asset to which paragraph (3), (4), (5) or (6) below applies; and
c
is held in exempt circumstances.
3
This paragraph applies to an asset if —
a
the settlement currency of the debt to which it relates is a currency other than sterling; and
b
that debt is not a debt on a security.
4
This paragraph applies to an asset if the debt to which it relates is a debt on a security and is in a foreign currency.
5
This paragraph applies to an asset if it is comprised in a relevant holding and is denominated in a currency other than sterling.
6
This paragraph applies to an asset if —
a
it is a qualifying corporate bond,
b
it would not, apart from this paragraph, be a regulation 7 asset,
c
it constitutes a new holding, and
d
the original shares, in relation to the new holding, consisted of a regulation 7 asset by virtue of paragraph (3), (4) or (5) above.
7
For the purposes of paragraph (4) above a debt is a debt in a foreign currency if it is —
a
a debt expressed in a currency other than sterling;
b
a debt the amount of which in sterling falls at any time to be determined by reference to the value at that time of a currency other than sterling; or
c
subject to paragraph (8) below, a debt as respects which provision is made for its conversion into, or redemption in, a currency other than sterling.
8
A debt is not a debt in a foreign currency for the purposes of paragraph (4) above by reason only that provision is made for its redemption on payment of an amount in a currency other than sterling equal, at the rate prevailing at the date of redemption, to a specified amount in sterling.
9
For the purposes of paragraph (5) above an asset is comprised in a relevant holding if it consists of —
a
a unit in a unit trust scheme, or
b
a relevant interest in an offshore fund
to which section 212 of the 1992 Act does not apply or would not apply if the asset were an asset of the company’s long term business fund.
10
For the purposes of paragraph (5) above —
a
a unit in a unit trust scheme, or
b
a right (other than a share in a company) which constitutes a relevant interest in an offshore fund,
shall be taken to be denominated in a currency other than sterling if the price at which it may be acquired from, or disposed of to, persons concerned in the management of the trust or fund is fixed by those persons in a currency other than sterling.
11
For the purposes of paragraph (5) above shares constituting a relevant interest in an offshore fund shall be taken to be denominated in a currency other than sterling if their nominal value is expressed in such a currency.
12
The reference in paragraph (2)(c) above to exempt circumstances shall be construed in accordance with paragraph 3 of Schedule 17 to the 1993 Act, but as if references in that paragraph to a currency were references to the debt to which the relationship relates.
13
In this regulation —
“debt on a security” shall be construed in accordance with section 132 of the 1992 Act;
“long term business fund” has the meaning given by section 431(2) of the Taxes Act ;
“qualifying corporate bond” has the same meaning as in the 1992 Act;
“relevant interest in an offshore fund” has the meaning given by section 212(5) of the 1992 Act;
“security” includes a debenture that is deemed to be a security for the purposes of section 251 of the 1992 Act by virtue of subsection (6) of that section ;
“unit trust scheme” shall be construed in accordance with section 99 of the 1992 Act.
8
1
The amount of the chargeable gain accruing on the disposal of a regulation 7 asset shall, subect to paragraphs (5) and (6) below and to regulations 9 to 12, be computed by ascertaining the amount specified in paragraph (3) below (“the first amount”) and the amount specified in paragraph (4) below (“the second amount”).
2
Where the second amount exceeds the first amount the excess shall be a chargeable gain; where the first amount exceeds the second amount the excess shall be an allowable loss; and where the first amount and the second amount are equal there shall be neither a chargeable gain nor an allowable loss.
3
The first amount is the basic valuation of the asset translated into sterling at the time immediately after the company becomes entitled to the asset.
4
The second amount is the basic valuation of the asset translated into sterling at the time immediately before the company ceases to be entitled to the asset.
5
Where any profit on the sale of a regulation 7 asset would be treated wholly as a receipt falling to be brought into account in computing profits or gains charged under Case I of Schedule D, neither a chargeable gain nor an allowable loss shall be treated as arising.
6
Where any profit on the sale of a regulation 7 asset would be treated partly as a receipt falling to be brought into account in computing profits or gains charged under Case I of Schedule D, any chargeable gain or allowable loss accruing by virtue of this regulation shall be reduced on a just and reasonable basis.
7
Any translation into sterling required by this regulation shall be made by reference to the London closing rate.
8
The provisions of Chapters III and IV of Part II of the 1992 Act shall not apply to any computation required by this regulation.
9
All regulation 7 assets which are the subject of the computation required by this regulation shall be treated as relevant securities within the meaning given by subsection (1) of section 108 of the 1992 Act; and that section shall apply accordingly.
10
Nothing in this regulation shall be taken as preventing any gain or loss which is deemed to accrue by virtue of section 116(10)(b) of the 1992 Act from being brought into charge to tax.
9
1
This regulation applies in any case where —
a
an insurance company has acquired a regulation 7 asset, and
b
the asset was held by the company immediately before 1st April 1996.
2
Regulation 8 shall apply on the disposal of the asset with the modification that the first amount shall be the basic valuation of the asset translated into sterling by reference to the London closing rate on 1st April 1996.
10
1
This regulation applies in any case where, for the purposes of sections 126 to 131 of the 1992 Act —
a
a regulation 7 asset constitutes the original shares, and
b
another regulation 7 asset constitutes the new holding.
2
Regulation 8 shall apply on the disposal of the new holding with the modifications specified in paragraphs (3) and (4) below.
3
The modification specified in this paragraph is that the first amount shall be the aggregate of —
a
the basic valuation of the original shares translated into sterling at the time immediately after the company became entitled to the original shares, and
b
the basic valuation of the new holding translated into sterling at the time immediately after the company became entitled to the new holding.
4
The modification specified in this paragraph is that the second amount shall be the aggregate of —
a
the basic valuation of the original shares translated into sterling at the time immediately before the company became entitled to the new holding, and
b
the basic valuation of the new holding translated into sterling at the time immediately before the company ceased to be entitled to the new holding.
11
1
This regulation applies in any case where —
a
an asset is a regulation 7 asset by virtue of paragraph (5) of that regulation, and
b
the asset has at any time after 31st March 1996 and during the company’s period of ownership been an asset which did not represent a loan relationship.
2
Regulation 8 shall apply on the disposal of the asset with the modification that the first amount shall be the basic valuation of the asset translated into sterling at the beginning of the accounting period in which the asset first became a regulation 7 asset by virtue of paragraph (5) of that regulation.
12
1
This regulation applies in any case where an asset is a regulation 7 asset by virtue of paragraph (6) of that regulation.
2
Regulation 8 shall apply on the disposal of the asset with the modifications that —
a
the first amount shall be the basic valuation of the original shares in relation to the asset translated into sterling at the time immediately after the company became entitled to the original shares, and
b
the second amount shall be the basic valuation of the original shares in relation to the asset translated into sterling at the time immediately before the company ceased to be entitled to the original shares.
5
Regulation 6 of the principal Regulations is hereby revoked.
Simon Burns
Bowen Wells
Two of the Lords Commissioners of Her Majesty’s Treasury
8th March 1996


text:
1
This Order may be cited as the Department of Transport (Fees) (Amendment) Order 1996 and shall come into force on the day after the day on which it is made.
2
1
Table III of Schedule 1 to the Department of Transport (Fees) Order 1988 shall be amended as follows.
2
For item 4 there shall be substituted the following items —
4
Section 61(1) and (2) —
power to prescribe the fees and charges in relation to
a
the provision of services and facilities; and
b
the issue of certificates and other documents,
in respect of the approval of the design, construction, equipment and marking of vehicles and parts —
A
By virtue of section 61(2)(d);
i
The functions of the Secretary of State in relation to the approval of the design, construction, equipment and marking of vehicles and parts under the Road Traffic Act 1988 including, without prejudice to the generality of the foregoing, the investigation and prosecution of offences and enforcement of action.
ii
The functions of the Secretary of State in relation to the plating and testing of goods vehicles to which regulations under section 49 apply, under the Road Traffic Act 1988.
iii
Any other functions of the Secretary of State in relation to the plating and testing of goods vehicles to which regulations under section 49 apply.
Paragraphs 1 to 7.
B
By virtue of section 61(2)(e);
The functions of the Secretary of State in relation to type approval certification under the Road Traffic Act 1988 including, without prejudice to the generality of the foregoing, the investigation and prosecution of offences and enforcement of action. Paragraphs 1 to 7.
4A
Section 63A(3) — power to prescribe in regulations the fees in respect of the determination of plated weights of vehicles otherwise than on an examination under regulation made under section 49 or 61.
i
Functions of the Secretary of State in relation to the plating and testing of goods vehicles to which regulations under section 49 apply, under the Road Traffic Act 1988.
ii
Any other functions of the Secretary of State in relation to the plating and testing of goods vehicles to which regulations under section 49 apply.
Paragraphs 1 to 7.
3
After item 5, there shall be inserted —
5A
Section 89(5)(b) — power to prescribe in regulations charges for the supply of forms of certificates evidencing the results of parts of tests.
The functions of the Secretary of State in relation to tests of competence to drive motor vehicles under Part III of the Road Traffic Act 1988. Paragraphs 1 to 8.
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
22nd July 1996


text:
Citation, commencement and interpretation
1
These Regulations may be cited as the National Health Service (Dental Charges) Amendment Regulations 1996 and shall come into force on 1st April 1996.
Amendment of the National Health Service (Dental Charges) Regulations 1989
2
In regulation 4 of the National Health Service (Dental Charges) Regulations 1989 (calculation of charges), in paragraph (5), for “£300” in both places where it occurs there shall be substituted “£325”.
Revocation
3
The National Health Service (Dental Charges) Amendment Regulations 1995 are hereby revoked.
Transitional Provisions
4
Where, on or after 1st April 1996, appliances are supplied, or other general dental services are provided, in pursuance of a contract or arrangement for the provision of general dental services made before that date, regulation 4(5) of the National Health Service (Dental Charges) Regulations 1989 shall have effect in respect of that supply or other provision as if these Regulations had not come into force.
Signed by authority of the Secretary of State for Health
Gerald Malone
Minister of State,
Department of Health
21st February 1996


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Income Tax (Building Societies) (Dividends and Interest) (Amendment) Regulations 1996 and shall come into force on 28th February 1996.
2
The amendments to the principal Regulations made by regulations 3, 4 and 6 shall have effect with respect to any payment by a building society of a dividend or interest in respect of an investment made to trustees of a discretionary or accumulation trust on or after 6th April 1996.
Interpretation
2
In these Regulations —
“discretionary or accumulation trust” and“investment” have the meanings given by regulation 2(1) of the principal Regulations;
“the principal Regulations” means the Income Tax (Building Societies) (Dividends and Interest) Regulations 1990;
“regulation” means a regulation of the principal Regulations.
Amendments to the principal Regulations
3
1
Regulation 2 shall be renumbered as paragraph (1) of that regulation.
2
In regulation 2(1) —
a
in the definition of “the appropriate person” for the words “as a personal representative in his capacity as such” there shall be substituted the words “in his capacity as a personal representative or as a trustee of a discretionary or accumulation trust”;
b
after the definition of “the Board” there shall be inserted —
“discretionary or accumulation trust” means a trust which is such that some or all of any income arising to the trustees would fall (unless treated as income of the settlor or applied in defraying expenses of the trustees) to be comprised for the year in which it arises in income to which section 686 of the Taxes Act (liability to additional rate tax of certain income of discretionary trusts) applies;
.
3
After regulation 2(1) there shall be added the following paragraphs —
2
References in these Regulations to a beneficiary in relation to a discretionary or accumulation trust are references to any person who, as a person falling wholly or partly within any description of actual or potential beneficiaries, is either —
a
a person who is, or will or may become, entitled under the trust to receive the whole or any part of any income under the trust; or
b
a person to or for the benefit of whom the whole or any part of any such income may be paid or applied in exercise of any discretion conferred by the trust.
3
References in paragraph (2) to income under the trust include references to so much (if any) of any property falling to be treated as capital under the trust as represents amounts originally received by the trustees as income.
.
4
After regulation 4(1)(b) there shall be inserted the following sub-paragraph —
bb
a payment to trustees of a discretionary or accumulation trust in their capacity as such where the trustees are not resident in the United Kingdom and any person who is a beneficiary of the trust is —
i
an individual who is not ordinarily resident in the United Kingdom, or
ii
a Scottish partnership, all the partners in which are individuals not ordinarily resident in the United Kingdom, or
iii
a company within the meaning of section 832(1) of the Taxes Act which is not resident in the United Kingdom;
.
5
1
In regulation 4(1)(o) for the words “(within the meaning of section 457 of the Taxes Act)” there shall be substituted the words “(within the meaning of section 184(1) of the Finance Act 1993)”.
2
In regulation 5(2)(c)(i) for “663” there shall be substituted “660B”.
6
For regulation 11(2) there shall be substituted —
2
An individual referred to in any of sub-paragraphs (a) to (c) of paragraph (1) of regulation 4 as not ordinarily resident in the United Kingdom, and a company or trustees referred to in sub-paragraph (bb) of that paragraph as not resident in the United Kingdom, may not be treated as not ordinarily resident or, as the case may be, not resident in the United Kingdom unless the declaration specified in paragraph (2AA) containing the undertaking specified in paragraph (2AB) has been made in writing by the appropriate person to the building society.
2AA
The declaration specified is that —
a
where sub-paragraph (a) or (b) of regulation 4(1) applies, at the time the declaration is made the individual is not ordinarily resident in the United Kingdom;
b
where sub-paragraph (bb) of regulation 4(1) applies, at the time the declaration is made the trustees are not resident in the United Kingdom and do not have any reasonable grounds for believing that any of the beneficiaries of the trust is an individual who is ordinarily resident in the United Kingdom or a company which is resident in the United Kingdom;
b
where sub-paragraph (c) of regulation 4(1) applies, the individual was not ordinarily resident in the United Kingdom at the time of his death.
2AB
The undertaking specified is that —
a
where sub-paragraph (a) or (b) of regulation 4(1) applies, the appropriate person will inform the building society if the individual or any of the individuals in respect of whom the declaration is made becomes ordinarily resident in the United Kingdom;
b
where sub-paragraph (bb) of regulation 4(1) applies, the appropriate person will inform the building society if —
i
the individual or any of the individuals in respect of whom the declaration is made becomes ordinarily resident in the United Kingdom,
ii
the trustees or any company in respect of whom the declaration is made become or becomes resident in the United Kingdom, or
iii
an individual who is ordinarily resident in the United Kingdom or a company which is resident in the United Kingdom becomes or is found to be a beneficiary of the trust to which the declaration relates.
2AC
Where —
a
a declaration is made as required by paragraph (2) in relation to an individual referred to in any of sub-paragraphs (a), (b) and (c) of regulation 4(1) as not ordinarily resident, and
b
the declaration does not give the address of the person making it
it shall be supported by a certificate given by the building society.
.
7
In regulation 11(3) after the word “provided” there shall be inserted the words “or authorised”.
S C T Matheson
C W Corlett
Two of the Commissioners of Inland Revenue
6th February 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) Order 1996 and shall come into force on 1st July 1996.
2
In this Order —
“the first Trust” means the Nottingham City Hospital National Health Service Trust;
“the second 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 first Trust and the second Trust on 31st July 1995, which schedule has been signed on behalf of both the first Trust and the second Trust.
Transfer of trust property
2
On 1st July 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
4th June 1996


text:
Citation and commencement
1
These Regulations may be cited as the Occupational Pension Schemes (Contracting-out) Amendment Regulations 1996 and shall come into force on 12th July 1996.
Amendment of the Occupational Pension Schemes (Contracting-out) Regulations 1996
2
The Occupational Pension Schemes (Contracting-out) Regulations 1996 are amended by inserting after regulation 76 the following regulation —
Transitional arrangements for schemes contracted-out under section 9(2) of the 1993 Act to become contracted-out under section 9(3) of that Act
76A
1
This regulation applies where a scheme, which is a salary-related contracted-out scheme immediately before the principal appointed day, satisfies the requirements of section 9(3) of the 1993 Act in respect of all earners' service on or immediately after that day.
2
The circumstances referred to in paragraph (1) shall, for the purposes of section 12(3) of that Act (determination of basis on which a scheme is contracted-out) be circumstances in which a scheme which has been contracted-out by virtue of section 9(2) of that Act may become contracted-out by virtue of section 9(3) of that Act.
3
Where this regulation applies, sections 50, 52 and 53 of that Act shall be modified so as to have effect as if the guaranteed minimum pensions provided by the scheme were provided by a separate scheme which had ceased to be certified as a contracted-out scheme.
4
Where this regulation applies, a contracting-out certificate issued before the principal appointed day shall be cancelled at the end of the period beginning with that day and ending on either —
a
whichever is the earlier of —
i
the day before the effective date of the replacement contracting-out certificate issued by the Secretary of State, or
ii
31st January 1998, or
b
such later date as the Secretary of State may in his discretion permit in any particular case,
but shall continue to have effect during that period if it is not otherwise cancelled or surrendered and the scheme satisfies the conditions of section 9(3) of the 1993 Act.
.
Signed by authority of the Secretary of State for Social Security.
MacKay of Ardbrecknish
Minister of State,
Department of Social Security
19th June 1996


text:
Citation and Commencement
1
These Regulations may be cited as The Richmond Adult and Community College (Government) Regulations 1996 and shall come into force on 1st April 1996.
Application
2
It is hereby prescribed that the instrument of government and articles of government of the further education corporation to be established under the name of “Richmond Adult and Community College” shall be as set out in Schedules 1 and 2 to these Regulations respectively.


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Personal and Occupational Pension Schemes (Pensions Ombudsman) Regulations 1996 and shall come into force on 6th April 1997.
2
In these Regulations —
“the 1993 Act ” means the Pension Schemes Act 1993 ;
“the 1995 Act ” means the Pensions Act 1995 ;
“administrator” means any person, other than a person responsible for the management of an occupational or a personal pension scheme within the meaning of section 146(3) and (3A) of the 1993 Act, concerned with the administration of the scheme;
“actual or potential beneficiaries” has the same meaning as in section 146(7) of the 1993 Act;
“complaint” means a complaint falling within section 146(1)(a) or (b) of the 1993 Act (complaint of maladministration); and
“dispute” means a dispute falling within section 146(1)(c) or (d) of the 1993 Act (disputes of fact or law).
Jurisdiction in relation to administrators
2
1
The Pensions Ombudsman may investigate and determine a complaint concerning the administration of a personal or an occupational pension scheme made to him by or in respect of an actual or potential beneficiary of the scheme who alleges that he has sustained injustice in consequence of maladministration in connection with an act or omission of an administrator of the scheme.
2
Where the Pensions Ombudsman commences an investigation under paragraph (1) above, the provisions of Part X of the 1993 Act (the Pensions Ombudsman) shall apply in relation to the administrator as they would apply in relation to a person responsible for the management of the scheme.
Exclusion from jurisdiction: Use of internal disputes procedure
3
1
In a case to which section 50 of the 1995 Act applies (internal dispute resolution), the Pensions Ombudsman shall not, subject to paragraph (2) below, investigate or determine a complaint or dispute concerning an occupational pension scheme unless written notice of a decision in respect of that complaint or dispute has first been issued by the trustees or managers of the scheme under the arrangements required by section 50(2)(b) of that Act.
2
Where, in a case to which section 50 of the 1995 Act applies, an application concerning a complaint or dispute has been made to an occupational pension scheme under the arrangements required by that section, the Pensions Ombudsman may investigate and determine that complaint or dispute in advance of written notice of a decision being issued in respect of it under section 50(2)(a) or (b) of that Act provided he is satisfied that —
a
there is no real prospect of a notice being issued within a reasonable period from the date on which the complaint or dispute was received by him in writing; and
b
it is reasonable in the circumstances that he should investigate and determine the complaint or dispute.
Exclusions from jurisdiction
4
1
The Pensions Ombudsman shall not investigate or determine any complaint or dispute which can be investigated by, or under arrangements made by —
a
an organisation which is a recognised self-regulating organisation for the purposes of section 10 of the Financial Services Act 1986 (grant of recognition by the Secretary of State), or
b
a designated agency for the purposes of section 114 of the Financial Services Act 1986 (power of Secretary of State to transfer functions to a designated agency),
other than a complaint or dispute relating to the management of a personal pension scheme.
2
For the purposes of the investigation or determination of any complaint or dispute, the Pensions Ombudsman shall not make any findings of fact to the effect that a person responsible for the management of an occupational pension scheme has failed to comply with the requirements under the following provisions of the 1995 Act —
a
sections 16 to 21 (requirement for member nominated trustees),
b
sections 37 and 76 (payment of surplus or excess assets to the employer),
c
section 40 (restriction on employer related investments),
d
section 47(1)(a) and (b) (requirement to appoint professional advisers),
e
section 49 (requirement to keep books and records),
f
sections 56 to 61 (the minimum funding requirement and schedules of contributions), and
g
sections 87 and 88 (requirement for money purchase schemes to keep schedules of payments).
Time limit for making complaints and referring disputes
5
1
Subject to paragraphs (2) and (3) below, the Pensions Ombudsman shall not investigate a complaint or dispute if the act or omission which is the subject thereof occurred more than 3 years before the date on which the complaint or dispute was received by him in writing.
2
Where, at the date of its occurrence, the person by or in respect of whom the complaint is made or the dispute is referred was, in the opinion of the Pensions Ombudsman, unaware of the act or omission referred to in paragraph (1) above, the period of 3 years shall begin on the earliest date on which that person knew or ought reasonably to have known of its occurrence.
3
Where, in the opinion of the Pensions Ombudsman, it was reasonable for a complaint not to be made or a dispute not to be referred before the end of the period allowed under paragraphs (1) and (2) above, the Pensions Ombudsman may investigate and determine that complaint or dispute if it is received by him in writing within such further period as he considers reasonable.
Payment of interest on late paid benefit
6
1
For the purposes of section 151A of the 1993 Act (interest on late payment of benefit), the prescribed rate of interest shall be the base rate for the time being quoted by the reference banks.
2
In paragraph (1) above —
a
“base rate” means the rate for the time being quoted by the reference banks as applicable to sterling deposits or, where there is for the time being more than one such base rate, the rate which, when the base rate quoted by each bank is ranked in a descending sequence of four, is first in the sequence; and
b
“reference banks” means the four largest institutions for the time being which —
i
are authorised by the Bank of England under the Banking Act 1987 ,
ii
are incorporated in and carrying on within the United Kingdom a deposit-taking business (as defined in section 6, but subject to any order under section 7 of that Act), and
iii
quote a base rate applicable to sterling deposits.
Revocations
7
1
The Personal and Occupational Pension Schemes (Pensions Ombudsman) Regulations 1991 and the Personal and Occupational Pension Schemes (Pensions Ombudsman) Amendment Regulations 1996 are hereby revoked.
2
Paragraph 32 of Schedule 2 to the Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations 1994 is hereby revoked.
Saving
8
Anything done under, or by virtue of, any regulation revoked by these Regulations, if it could have been done under or for the purpose of the corresponding provision of these Regulations, shall be deemed to have been done under or by virtue of the corresponding provision of these Regulations and anything begun under, or by virtue of, any such regulation may be continued under these Regulations as if begun under these Regulations.
Signed by authority of the Secretary of State for Social Security.
Oliver Heald
Parliamentary Under-Secretary of State,
Department of Social Security
25th September 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Oil and Chemical Pollution of Fish and Plants) Order 1996 and shall come into force at 16.00 hours on 28th February 1996.
2
In this Order —
“edible plants” means wild plants of the species Salicornia;
“edible seaweed” means wild seaweed of the species Porphyra, Rhodimenia or Chondrus;
“relevant time” means one minute past midnight on 28th February 1996.
Designated circumstances
2
In the opinion of the Secretary of State edible plants, edible seaweed and fish in the area designated in article 3 below may be affected by oil or other chemical substances which are likely to create a hazard to human health if they are consumed.
Designated area
3
The area described in the Schedule to this Order is hereby designated for the purposes of Part I of the Food and Environment Protection Act 1985.
Activities prohibited in the designated area
4
No person shall fish for and take fish in the designated area.
5
No person shall gather or pick edible plants or edible seaweed in the designated area.
Prohibition on movement
6
No person shall move any edible plants, edible seaweed or fish out of the designated area.
Restrictions throughout the United Kingdom
7
No person shall in the United Kingdom or in United Kingdom waters —
a
use any edible plants, edible seaweed or fish taken out of the designated area after the relevant time in the preparation or processing for supply of food and anything from which food could be derived,
b
land any fish which were in waters in the designated area after the relevant time,
c
supply, or have in possession for supply, any edible plants, edible seaweed or fish which were in the designated area after the relevant time,
d
supply, or have in possession for supply, any food or anything from which food could be derived in the preparation or processing of which anything was used in contravention of paragraph (a) of this article,
e
feed to any creature a feeding stuff in the preparation or processing of which anything was used in contravention of paragraph (a) of this article.
William Hague
Secretary of State for Wales
28th February 1996


text:
1
These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 1996 and shall come into force —
a
in so far as is necessary for the purpose of enabling persons to apply for theory tests, practical tests and unitary tests, on 1st June 1996;
b
for all other purposes, on 1st July 1996.
2
The Motor Vehicles (Driving Licences) Regulations 1987 shall be amended in accordance with regulations 3 to 11 below.
3
1
Regulation 3 (Interpretation) shall be amended as follows.
2
In paragraph (1) —
a
in the definition of “licensing authority”, at the end, there shall be inserted “for Transport”;
b
after the definition of “moped” there shall be inserted —
“practical test” means, where a test is by virtue of these Regulations to be conducted in two parts, the part that consists of the practical test of driving skills and behaviour and includes such a test conducted as part of an extended driving test;
;
c
for the definition of “test” there shall be substituted —
“test” means any test of competence to drive conducted pursuant to section 89 of the Road Traffic Act 1988 including an extended driving test;
“theory test” means, where a test is by virtue of these Regulations to be conducted in two parts, the part that consists of the theoretical test and includes such a test conducted as part of an extended driving test;
“unitary test” means a test which, by virtue of these Regulations, is to consist of a practical test of driving skills and behaviour and includes such a test conducted as an extended driving test;
.
3
At the end there shall be inserted —
5
Where a statement or certificate (but not a distinguishing mark) is required under these Regulations to be in a form prescribed herein, it means a certificate or statement in that form (or as nearly in that form as circumstances permit), adapted to the circumstances of the case and duly completed and signed where required.
.
4
1
Regulation 5 (Applications for the grant of licences) shall be amended as follows.
2
After paragraph (1), there shall be inserted —
1A
An applicant for a licence who before the licence is granted is required to satisfy the licensing authority that he has passed a test shall at the time when he applies for the licence deliver to the licensing authority, in support of that application, either —
a
a certificate furnished under regulation 22A(1)(a), or
b
where paragraphs (3), (4) and (5) of regulation 20B apply, certificates furnished under regulations 22(2)(a) and 22A(2) in accordance with paragraph (3) of that regulation.
.
5
In regulation 9(1) (Conditions attached to provisional licences), for the words from “Provided that” to the end of the paragraph there shall be substituted —
1A
The conditions specified in paragraph (1) shall not apply in relation to the driving of motor vehicles of any class where the provisional licence holder has passed a test by virtue of which he is entitled to be granted a licence authorising him to drive vehicles of that class.
.
6
For Part III (Tests of Competence to Drive) there shall be substituted the provisions set out in Schedule 1.
7
In regulation 23B (Nature of approved training courses) , after paragraph (4), there shall be inserted —
4A
A certificate issued under paragraph (4) in respect of an approved training course conducted on or after 1st July 1996 may not be submitted, in support of an application for a licence, as evidence of the successful completion of that course after the expiration of a period of 3 years commencing on the date of the certificate.
.
8
For regulation 29 (Entitlement to categories) there shall be substituted —
Categories of entitlement
29
1
Subject to paragraph (3), licences shall be granted authorising the driving of motor vehicles in accordance with the categories specified in columns (1) and (2) of Schedule 3 and those categories are designated as groups for the purposes of section 89(1)(b) and 89A(4)(a) of the Road Traffic Act 1988.
2
In these Regulations, unless the context otherwise requires, any reference to category B means that category including sub-category B1.
3
Where a person holds, or has held, a licence authorising him to drive vehicles of a class included in any category he is deemed competent to drive —
a
vehicles of all classes included in that category unless by that licence he is or was authorised to drive —
i
only motor vehicles having automatic transmission, in which case he shall be deemed competent to drive only such classes of vehicle included in that category as have automatic transmission;
ii
only invalid carriages, in which case he shall be deemed competent to drive only such classes of vehicle included in category B1 as are invalid carriages;
iii
only motor vehicles adapted on account of a disability, in which case he shall be deemed competent to drive only such classes of vehicle included in that category as are so adapted; and
b
all classes of vehicle included in any other category which is specified in column (3) of Schedule 3 as an additional category in relation to that category unless by that licence he is or was authorised to drive —
i
only motor vehicles having automatic transmission and the additional category is C1, D1, B plus E, C1 plus E or D1 plus E, in which case he shall be deemed competent to drive only such classes of motor vehicle included in the additional category as have automatic transmission;
ii
only invalid carriages, in which case he shall be deemed competent to drive only such classes of vehicle included in category B1 as are invalid carriages;
iii
only motor vehicles adapted on account of a disability, in which case he shall be deemed competent to drive only such classes of vehicle included in the additional category as are so adapted.
.
9
For Schedule 3 (Categories of motor vehicles for test purposes) there shall be substituted the provisions set out in Schedule 2.
10
For Schedule 4 (Additional requirements for driving tests) there shall be substituted the provisions set out in Schedule 3.
11
For Schedule 6 (Forms of certificate and statement of driving test result) there shall be substituted the provisions set out in Schedule 4 .
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
7th May 1996
We approve the making of these Regulations
Bowen Wells
Liam Fox
Two of the Lords Commissioners of Her Majesty’s Treasury
8th May 1996


text:
Citation and commencement
1
1
This Order may be cited as the Occupational Pensions (Revaluation) Order 1996.
2
This Order shall come into force on 1st January 1997.
The revaluation percentage for each revaluation period
2
For the purposes of paragraph 2(1) of Schedule 3 to the Pension Schemes Act 1993, the revaluation percentage for each revaluation period specified in column 1 below is the appropriate percentage specified in column 2.
Column 1 Column 2 Revaluation Period Revaluation Percentage
January 1986 — 31st December 1996 61.3% 1st January 1987 — 31st December 1996 56.4% 1st January 1988 — 31st December 1996 50.1% 1st January 1989 — 31st December 1996 42.0% 1st January 1990 — 31st December 1996 32.0% 1st January 1991 — 31st December 1996 19.0% 1st January 1992 — 31st December 1996 14.3% 1st January 1993 — 31st December 1996 10.4% 1st January 1994 — 31st December 1996 08.4% 1st January 1995 — 31st December 1996 06.1% 1st January 1996 — 31st December 1996 02.1%
Signed by authority of the Secretary of State for Social Security.
Oliver Heald
Parliamentary Under-Secretary of State,
Department of Social Security
21st November 1996


text:
Citation and interpretation
1
1
This Order may be cited as the Transport and Works Act 1992 (Commencement No. 6) Order 1996.
2
In this Order “ the Act ” means the Transport and Works Act 1992.
Provisions coming into force
2
The provisions of the Act specified in the first column of the Schedule to this Order (which relate to the matters specified in the second column of that Schedule) shall come into force on 8th July 1996.
Savings
3
The repeal of section 124 of the Transport Act 1968 (except as it applies in Scotland) shall not affect the validity of an Order made under that section and in force immediately before 8th July 1996.
Signed by authority of the Secretary of State for Transport
John Watts
Minister of State,
Department of Transport
17th June 1996


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as The Ayr Road Route (M77) (Speed Limit) 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, together with connecting roads, authorised to be provided by–
a
The Ayr Road Route (M77) (City of Glasgow District Boundary - Malletsheugh) Special Road and Connecting Road Scheme 1992 ;
b
The Strathclyde Regional Council (Ayr Road Route) (A77) (Dumbreck to City of Glasgow District Boundary) Special Road Scheme 1987; and
c
The Strathclyde Regional Council (Ayr Road Route) (A77) (Dumbreck to City of Glasgow District Boundary) (Connecting Roads) Special Roads Scheme 1987.
3
In these Regulations “the special road” means the special road specified in paragraph 1(2) above.
Speed Limit
2
No person shall drive any vehicle at a speed exceeding–
a
60mph on those lengths of the special road described in Schedule 1 to these Regulations;
b
50mph on those lengths of the special road described in Schedule 2 to these Regulations;
c
40mph on those lengths of the special road described in Schedule 3 to these Regulations; or
d
30mph on those lengths of the special road described in Schedule 4 to these Regulations.
George Kynoch
Parliamentary Under-Secretary of State for Scotland,
Scottish Office
15th November 1996


text:
Citation and commencement
1
These Regulations may be cited as the Child Benefit (General) Amendment (No. 2) Regulations 1996 and shall come into force on 7th October 1996 immediately after the Child Benefit (General) Amendment Regulations 1996 .
Amendment of the Child Benefit (General) Regulations 1976
2
In regulation 14B of the Child Benefit (General) Regulations 1976 , after paragraph (e), there shall be inserted the following paragraphs —
f
a person whose leave to enter or remain in the United Kingdom is not subject to any limitation;
g
a person, other than a person to whom any of paragraphs (a) to (f) above apply who, immediately before 7th October 1996, is being paid child benefit, save that this paragraph shall apply only until such time as that person’s entitlement to that benefit is reviewed under section 25 of the Social Security Administration Act 1992.
Revocation
3
Regulation 3 of the Child Benefit (General) Amendment Regulations 1996 (saving) is revoked.
Signed by authority of the Secretary of State for Social Security.
A. J. B. Mitchell
Parliamentary Under-Secretary of State,
Department of Social Security
3rd October 1996


text:
Title and commencement
1
This Order may be cited as the Fishing Boats (Specified Countries) Designation Order 1996 and shall come into force on 24th April 1996.
Interpretation
2
In this Order —
“ the Act ” means the Fishery Limits Act 1976;
“ ICES areas ” means those statistical sub-areas and divisions of the International Council for the Exploration of the Sea which are referred to by their short names in column 1 of Schedule 1 to this Order and are described in column 2 of that Schedule opposite the reference to their short names, but excluding any part of those areas which is within 12 miles from the baselines from which the breadth of the territorial sea adjacent to the United Kingdom, the Channel Islands and the Isle of Man is measured or which is outside British fishery limits .
Access to British fisheries
3
1
The countries specified in column 1 of Schedule 2 of this Order are hereby designated for the purposes of section 2(1) of the Act (hereinafter called “the designated countries”).
2
In relation to each of the designated countries there are hereby designated the ICES areas specified in column 2 of Schedule 2 opposite the reference to that country (hereinafter called “the designated areas”).
3
The descriptions of sea fish for which the fishing boats registered in any of the designated countries may fish in any of the designated areas shall be those specified in column 3 of Schedule 2 opposite the reference to that area, which shall have effect subject to the Notes to that Schedule.
Tony Baldry
Minister of State,
Ministry of Agriculture,
Fisheries and Food
26th March 1996
Raymond Robertson
Parliamentary Under Secretary of State,
Scottish Office
27th March 1996
Signed by authority of the Secretary of State for Wales
Rod Richards
Parliamentary Under Secretary of State,
Welsh Office
3rd April 1996
Patrick Mayhew
Secretary of State for Northern Ireland
28th March 1996


text:
Citation and commencement
1
This Order may be cited as the Health Authorities (England) Establishment Order 1996 and shall come into force on 1st April 1996.
Establishment and names of Health Authorities, and determination of areas of Health Authorities
2
For each of the areas described in column (2) of the Schedule to this Order there is established a Health Authority which shall be known by the name specified in column (1) of that Schedule in relation to that area.
Signed by authority of the Secretary of State for Health.
Gerald Malone
Minister of State,
Department of Health
6th March 1996