text:
Title and commencement
1
1
This Order may be cited as the Restrictive Trade Practices (Non-notifiable Agreements) (Turnover Threshold) Order 1996.
2
This Order shall come into force on 19th March 1996 and shall apply to agreements made on or after that date.
Interpretation
2
In this Order —
“ the Act ” means the Restrictive Trade Practices Act 1976;
“relevant period” has the meaning set out in paragraph 1 of the Schedule; and
“turnover in the United Kingdom” has the meaning set out in paragraph 2 of the Schedule.
Description of non-notifiable agreement
3
1
For the purposes of section 27A of the Act, and subject to the provisions of that section, an agreement is a non-notifiable agreement if the parties to it are persons whose aggregate relevant annual turnover in the United Kingdom does not exceed £20 million on the date on which it is made.
2
For the purposes of paragraph (1) above the relevant annual turnover in the United Kingdom of a person party to an agreement shall include the relevant annual turnover in the United Kingdom of any person which on the date the agreement is made is a member of the same group of interconnected bodies corporate as that party.
3
For the purposes of this article, the relevant annual turnover in the United Kingdom of a person in any particular case is —
a
where the relevant period equals twelve months, the turnover in the United Kingdom of that person during that period, and
b
where the relevant period does not equal twelve months, the amount which bears the same proportion to the turnover in the United Kingdom of that person during that period as twelve months does to that period.
4
In relation to an agreement to which the Act —
a
has effect by virtue of section 8 of the Act as if it were an agreement between members of a trade association, or persons represented on the trade association by such members;
b
has effect by virtue of section 16 of the Act as if it were an agreement between members of a services supply association, or persons represented on the services supply association by such members;
references in this article to the parties to an agreement include references to those members or persons.
John Taylor,
Parliamentary Under-Secretary of State for Competition and Consumer Affairs,
Department of Trade and Industry
19th February 1996


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Air Force Act 1955 (Bailiwick of Guernsey) Order 1996 and shall come into force on 1st June 1996.
2
1
The Air Force Act 1955 (“the 1955 Act ”) shall have effect in the Bailiwick of Guernsey subject to the modifications specified in Part I of the Schedule to this Order.
2
Section 10 and Part III of the Armed Forces Act 1991 shall have effect in the Bailiwick of Guernsey subject to the modifications specified in Part II of the Schedule to this Order.
3
In relation to any reference to a law for the time being in force in the Bailiwick of Guernsey, the modifications made by this Order have effect for all purposes of the 1955 Act (and not only in the application of that Act to the Bailiwick of Guernsey).
N. H. Nicholls
Clerk of the Privy Council


text:
Title and commencement
1
This Order may be cited as the Bovine Spongiform Encephalopathy (Amendment) Order 1996 and shall come into force on 29th March 1996.
Amendment to the Bovine Spongiform Encephalopathy Order 1991
2
1
The Bovine Spongiform Encephalopathy Order 1991 shall be amended in accordance with this article.
2
After article 12 there shall be added the following article —
Mammalian meat and bone meal
12A
1
No person shall —
a
knowingly sell or supply for feeding to livestock, fish or equine animals any feedingstuff in which he knows or has reason to suspect any mammalian meat and bone meal has been incorporated;
b
after 4th April 1996 feed to livestock, fish or equine animals any feedingstuff in which he knows or has reason to suspect that any mammalian meat and bone meal has been incorporated.
2
The prohibition in paragraph (1) above shall not apply to the feeding to an animal of any feedingstuff for research purposes in a research establishment under the authority of a licence issued by a veterinary inspector of the Minister and in accordance with any conditions subject to which the licence is issued, or to the sale or supply of any feedstuff to a research establishment for such purposes.
3
No person shall use any mammalian meat and bone meal in the preparation of any feedingstuff for livestock, fish or equine animals.
4
No person shall use any mammalian meat and bone meal in the preparation of feedingstuff for any animal in premises where feedingstuff for livestock, fish or equine animals is prepared.
5
In this article —
“livestock” means any creature kept for the production of food, wool, skin or fur or for use in the farming of land;
“mammalian meat and bone meal” means proteinaceous material derived from the whole or part of any dead mammal by a process of crushing, cooking, and grinding.
.
Douglas Hogg
Minister of Agriculture, Fisheries and Food
28th March 1996
Lindsay
Parliamentary Under Secretary of State,
Scottish Office
28th March 1996
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under-Secretary of State,
Welsh Office
28th March 1996


text:
Title and commencement
1
This Order may be cited as the River Teign Mussel Fishery (Variation) (Oysters) Order 1996 and shall come into force on 6th February 1996.
Variation of the Principal Order
2
1
The River Teign Mussel Fishery Order 1966 shall be varied in accordance with the following paragraphs of this article.
2
In article 2(1) —
a
after the word “mussels” there shall be inserted the words “and oysters”;
b
for the words “60 ft” there shall be substituted the words “18.3 metres”; and
c
for the words “385 acres” there shall be substituted the words “156 hectares”.
3
In paragraphs (1) and (4) of article 3 after the words “mussels” wherever it occurs there shall be inserted the words “or oysters”.
4
In article 4 for the words “10 shillings” wherever they occur there shall be substituted the words “£3”.
5
For article 7 there shall be substituted the following new article —
7
This order shall continue in operation for sixty years from the date of its coming into force and no longer.
.
Tony Baldry
Minister of State, Ministry of Agriculture Fisheries and Food
15th January 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North Staffordshire Combined Healthcare National Health Service Trust (Transfer of Trust Property) Order 1996 and shall come into force on 23rd February 1996.
2
In this Order —
“the Authority” means the North Staffordshire Health Authority;
“the Trust” means the North Staffordshire Combined Healthcare National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 25th July 1995, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 23rd February 1996 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State,
Department of Health
23rd January 1996


text:
Title and commencement
1
This Order may be cited as the Animal By-Products (Amendment) Order 1996 and shall come into force on 8th April 1996.
Interpretation
2
1
In this Order “the principal Order ” means the Animal By-Products Order 1992 .
2
Article 3(1) of the principal Order shall be amended by inserting in the definition of“animal by-product” after the word “cooked” the words “or denatured”.
Scope
3
Article 4(1) of the principal Order shall be amended by adding at the end the words “nor shall they apply to specified bovine offal as defined in the Specified Bovine Offal Order 1995 .”.
Restriction on disposal of animal by-products referred to in Part I of Schedule 1 to the principal Order
4
Article 5 of the principal Order shall be amended —
a
by inserting in paragraph (1) after the words “shall dispose of it” the words “without undue delay”,
b
by adding at the end of subparagraph (b) of paragraph (2) the following words: “provided that such by-product is derived from animals which have not been slaughtered as a result of the presence or suspected presence of a notifiable disease;”, and
c
by adding after paragraph (3) the following paragraphs —
4
The Minister —
a
shall grant the licence referred to in paragraph (2)(c) above subject to such conditions as may be specified in the licence;
b
may vary, revoke or suspend the licence by notice in writing served on the person to whom the licence was granted; and
c
may grant the licence to remain in force until revoked or to expire at a time specified in the licence.
5
For the purposes of paragraph (2)(b) above “notifiable disease” means a disease which is listed in Annex I to Council Directive No 82/894/ EEC on the notification of animal diseases within the Community , as amended .
.
Restriction on disposal of animal by-products referred to in Part II of Schedule 1 to the principal Order
5
Article 6 of the principal Order shall be amended —
a
by inserting in paragraph (1) after the words “shall dispose of it” the words “without undue delay”, and
b
by adding after paragraph (3) the following paragraph —
4
The Minister —
a
shall grant the licence referred to in paragraph (2)(d) above subject to such conditions as may be specified in the licence;
b
may vary, revoke or suspend the licence by notice in writing served on the person to whom the licence was granted; and
c
may grant the licence to remain in force until revoked or to expire at a time specified in the licence.
.
Registration of premises collecting or using animal by-products for petfood, technical or pharmaceutical products
6
Article 9 of the principal Order shall be amended by substituting in paragraph (4) for the words “subject to paragraph (5) below,” the words “subject to paragraphs (5) and (6) below,”.
Registration of premises used for the feeding of animal by-products to zoo, circus or fur animals, recognized packs of hounds and maggot farming for fishing bait
7
Article 10 of the principal Order shall be amended by substituting in paragraph (4) for the words “subject to paragraph (5) below,” the words “subject to paragraphs (5) and (6) below,”.
Enforcement
8
For article 12 of the principal Order there shall be substituted the following article —
Enforcement
12
1
This Order shall be enforced and executed in relation to premises which are licensed under the Fresh Meat (Hygiene and Inspection) Regulations 1995 or the Poultry Meat, Farmed Game Bird, Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995 by the Minister of Agriculture, Fisheries and Food in relation to England and by the Secretary of State in relation to Scotland or Wales.
2
In all other respects this Order shall be executed and enforced by the Local Authority.
.
Inspections, taking samples etc.
9
Article 13(1) of the principal Order shall be amended by inserting after the words “the provisions of this Order” the words “or the conditions of any licence or approval granted in accordance with this Order”.
Approval of animal by-products rendering premises
10
Schedule 4 to the principal Order shall be amended —
a
by inserting in paragraph 6(ii) of Section B of Part I after the words “in Commission Decision No 92/562/EEC ” the words “as amended and as read, in the case of animal by-products of ruminant origin, with Commission Decision No 94/382/ EC on the approval of alternative heat treatment systems for processing animal waste of ruminant origin, with a view to the inactivation of spongiform encephalopathy agents , as amended ”, and
b
by adding at the end of Section B of Part II the following paragraph —
9
In the case of animal by-products of ruminant origin rendering must be carried out either:
i
so that
a
material is heated to a core temperature of at least 133°C for 20 minutes at a pressure of 3 bar. The particle size of the raw material prior to processing must be reduced to at least 50 mm by means of a prebreaker or grinder; and
b
recording thermographs are provided at the critical points of the heating process to monitor the heat treatment; or
ii
using any of the systems of heat treatment described in Commission Decision No 92/562/EEC , as amended and as read with Commission Decision No 94/382/EC as amended.
.
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
13th March 1996
Lindsay
Parliamentary Under Secretary of State, Scottish Office
14th March 1996
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
13th March 1996


text:
Title and commencement
1
This Order may be cited as the Beef (Emergency Control) (Revocation) Order 1996 and shall come into force on 5th July 1996.
Revocation
2
The following Orders are hereby revoked —
a
the Beef (Emergency Control) Order 1996 ;
b
the Beef (Emergency Control) (Amendment) Order 1996 ;
c
the Beef (Emergency Control) (Amendment) ( No. 2) Order 1996 ; and
d
the Beef (Emergency Control) (Amendment) (No. 3) Order 1996 .
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
4th July 1996


text:
1
This order may be cited as the Offshore Installations (Safety Zones) (No. 2) Order 1996 and shall come into force on 8th April 1996.
2
A safety zone is hereby established around each installation specified in column 1 of the Schedule hereto (being an installation stationed in waters to which subsection (7) of Section 21 of the Act applies) having a radius of five hundred metres from the point as respects that installation which has the co-ordinates of latitude and longitude according to European Datum (1950) specified in columns 2 and 3 of the Schedule.
Signed by authority of the Secretary of State.
Paul Beresford
Parliamentary Under Secretary of State,
Department of the Environment
18th March 1996


text:
Citation and commencement
1
These Regulations may be cited as the Income Tax (Employments) (Amendment No. 3) Regulations 1996 and shall come into force on 5th June 1996.
Interpretation
2
In these Regulations “the principal Regulations ” means the Income Tax (Employments) Regulations 1993 and “regulation” means a regulation of those Regulations.
Amendments to the principal Regulations
3
In regulation 5 —
a
for paragraph (3)(b) there shall be substituted —
b
any share of gratuities or service charges not falling within sub-paragraph (a) above shall be dealt with in accordance with paragraph (4A).
;
b
after paragraph (4) there shall be inserted —
4A
Where this paragraph applies the inspector or other officer of the Board may —
a
take into account under regulation 7(2)(b) the share of gratuities or service charges referred to in paragraph (3)(b) in his determination of a code, and
b
where he has not already done so, give notice to the employee under section 8 of the Management Act requiring a return to be made and delivered under that section.
4
In regulation 7(2)(e) the words “in respect of Schedule E” shall be omitted.
5
In regulation 9(2), for sub-paragraph (a) and the word “or” immediately following it there shall be substituted —
a
the emoluments will be taken into account as Schedule D income in any assessment, or
.
6
In regulation 11(3), for the words from “in accordance with” to the end there shall be substituted “for the division in which the place of employment is situated”.
7
In regulation 46AA(3) , for the word “requirement” there shall be substituted“notice”.
8
1
In regulation 49, for paragraph (8) there shall be substituted —
8
An appeal against a determination under this regulation that is to be brought before the General Commissioners shall be brought before the General Commissioners for the division in which the determination was made.
2
Paragraph (1) shall have effect in relation to any appeal made on or after the date of coming into force of these Regulations against a determination in respect of the year 1996 — 97 or any subsequent year of assessment.
9
In regulation 53(1) after the words “subsequent year” there shall be inserted “not later than the year ended 5th April 1996”.
10
After regulation 53 there shall be inserted —
Interest on tax overpaid by employer — 1996 — 97 and subsequent years
53A
1
Where tax in respect of the year ended 5th April 1997 or any subsequent year is repaid to an employer after the end of the year in respect of which the tax was paid, the tax repaid shall carry interest at the prescribed rate —
a
from the 14th day after the end of the year in respect of which the tax was paid or, if later,
b
from the date on which the payment of tax for that year was made.
2
In paragraph (1) “the prescribed rate” means the rate applicable under section 178 of the Finance Act 1989 for the purposes of section 824 of the Taxes Act ; and where that rate changes on an operative date within the meaning given by regulation 2 of the Taxes (Interest Rate) Regulations 1989 by virtue of those Regulations, the change shall have effect for periods beginning on or after the operative date in relation to interest running from before that date as well as from or from after that date.
11
In regulation 63(5) for the words from “in accordance with” to the end there shall be substituted “by the General Commissioners for the division in which the reservist’s place of residence is situated”.
12
In regulations 68(1) and 88(1) for the word “After” in each place where it occurs there shall be substituted “Not later than 56 days after”.
13
For regulation 99 there shall be substituted —
Assessment
99
Nothing in these Regulations shall prevent an assessment (whether made under section 9 of the Management Act or otherwise) being made in respect of income assessable to income tax for any year.
14
In regulation 101 —
a
in paragraph (4)(d) the words “in respect of Schedule E” shall be omitted;
b
for paragraph (7) there shall be substituted —
7
In this regulation —
a
references to an assessment are references to an assessment other than an assessment under section 9 of the Management Act;
b
references to “tax payable under the assessment” are references to the amount of tax shown in the assessment as payable without regard to any amount shown in the notice of assessment as a deduction from, or a credit against, the amount of tax payable.
15
After regulation 101 there shall be inserted —
Recovery of overpayments and recovery of underpayments — self-assessments
101A
1
For the purpose of determining in respect of the year ended 5th April 1997 or any subsequent year —
a
the amount of any such excess as is mentioned in section 59A(1) of the Management Act, or
b
the amount of the difference mentioned in section 59B(1) of that Act,
any necessary adjustments in respect of the matters prescribed by paragraph (2) shall be made to the amount of tax deducted at source in accordance with these Regulations in that year.
2
The matters prescribed are —
a
the aggregate amount of any repayments of tax deducted at source made to the employee;
b
the like matters as are specified in paragraph (4) of regulation 101, having regard to paragraphs (5) and (6) of that regulation.
3
Where the amount of the difference mentioned in section 59B(1) of the Management Act is payable by the employee as mentioned in that section, the inspector or other officer of the Board may —
a
require the employee to pay that amount to the collector, or
b
take that amount into account in determining the appropriate code for a subsequent year.
4
In paragraph (2)(a) the reference to repayments of tax is a reference to any repayments made in the year in which the tax was deducted at source, or after the end of that year but before the employee’s return containing his self-assessment is made under section 8 or 8A of the Management Act.
16
1
In regulation 102, paragraph (2)(a) shall be omitted.
2
Paragraph (1) shall have effect so far as concerns any action taken by the inspector under regulation 102 on or after the date of coming into force of these Regulations for the year 1996 — 97 or any subsequent year.
17
1
In regulation 104 —
a
in paragraph (7)(b) for the words from “make an assessment” to the end there shall be substituted “by notice under section 8 of the Management Act require the employee to make and deliver a return under that section for the year”;
b
paragraph (8) shall be omitted;
c
in paragraph (11) for the words “if neither paragraph (7) nor paragraph (9) has applied”there shall be substituted “unless he has been required under section 8 of the Management Act to make and deliver a return or he has rendered a return under paragraph (9)”.
2
Paragraph (1) shall have effect in any case where a deductions working sheet is issued by the inspector under paragraph (1) of regulation 104 on or after the date of coming into force of these Regulations for the year 1996 — 97 or any subsequent year.
18
1
In regulation 105, paragraph (2) shall be omitted.
2
Paragraph (1) shall have effect with respect to any tax that becomes payable to the collector by any employee on or after the date of coming into force of these Regulations for the year 1996 — 97 or any subsequent year.
Revocations and savings
19
1
Regulation 100 is revoked except so far as concerns any appeal made on or after the date of coming into force of these Regulations against an assessment for the year 1995 — 96 or any earlier year.
2
Regulation 103 is revoked except so far as concerns any assessment made on or after the date of coming into force of these Regulations for the year 1995 — 96 or any earlier year.
S C T Matheson
C W Corlett
Two of the Commissioners of Inland Revenue
14th May 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Salford Community Health Care National Health Service Trust (Transfer of Trust Property) Order 1996 and shall come into force on 28th March 1996.
2
In this Order —
“the Authority” means the Salford and Trafford Health Authority;
“the Trust” means the Salford Community Health Care National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 6th February 1996, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 28th March 1996 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State
Department of Health
29th February 1996


text:
1
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) Regulations 1996 and shall come into force on 1st February 1996.
2
1
Regulation 57A of the Road Vehicles (Construction and Use) Regulations 1986 shall be amended as follows.
2
After paragraph (8) there shall be inserted the following paragraph —
8A
For the purposes of paragraphs (1)(b) and (2) in their application to vehicles with a design speed not exceeding 50km/h, Community Directive 89/235/ EEC shall have effect as if it were not only modified in accordance with paragraph (8) but were further modified by the omission of —
a
sub-paragraph 3.1.3 of Annex II ; and
b
in sub-paragraph 3.2 of that Annex, the words “and 3.1.3”.
.
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State
Department of Transport
5th January 1996


text:
Citation and commencement
1
This Order may be cited as the Local Government Changes for England (Miscellaneous Provision) Order 1996 and shall come into force for the purposes of article 4 on 20th March and for all other purposes on 1st April 1996.
The High Sheriff of the East Riding
2
The person holding the office of the High Sheriff of the county of Humberside immediately before 1st April 1996 shall become the first High Sheriff of the county of the East Riding of Yorkshire .
Amendment of the Humber Bridge Act 1959
3
In the Humber Bridge Act 1959 , for section 6 (constitution of Humber Bridge Board) there shall be substituted —
6
The Board shall consist of 22 members to be appointed as follows —
12 members to be appointed by the District Council of Kingston upon Hull;
1 member to be appointed by the County Council of Lincolnshire;
4 members to be appointed by the District Council of the East Riding of Yorkshire; and
5 members to be appointed by the District Council of North Lincolnshire.
Hull and Goole Port Health Authority
4
1
The Hull and Goole Port Health Authority Order 1982 shall be amended in accordance with the following paragraphs of this article.
2
For article 2, substitute —
The riparian authorities specified for the purposes of this Order are the district councils of Kingston upon Hull, the East Riding of Yorkshire, North Lincolnshire, Bassetlaw, Selby and West Lindsey.
.
3
In article 3, for paragraph (3) substitute —
3
The joint board shall consist of eleven members of whom six shall be appointed by the district council of Kingston upon Hull, two each shall be appointed by the district councils of the East Riding of Yorkshire and North Lincolnshire and one shall be appointed by the district council of Selby from the members of their respective councils.
.
4
In article 4 —
a
in paragraph (1) insert the words “Subject to paragraph (1A),” before the words “The specified riparian authorities”; and
b
after paragraph (1) insert the following —
1A
The following provisions shall apply in respect of appointments to the joint board in 1996 —
a
at a meeting to be held in March 1996 the specified riparian authorities shall appoint members to the joint board.
b
the members appointed at the meeting in March 1996 shall come into office on 1 April 1996 and the members of the joint board holding office immediately before 1 April 1996 shall retire on that date; and
c
the members of the joint board who hold office immediately before 31 May 1997 shall retire on that date, and the newly appointed members shall come into office on 1 June 1997.
.
5
In article 5, in paragraph (1) insert the words “Subject to article 4(1A),” before the words“All members of the joint board”.
6
In article 9, in paragraph (1) for the table substitute the following —
District Council of Kingston upon Hull 70% District Council of the East Riding of Yorkshire 12.5% District Council of North Lincolnshire 12.5% District Council of Selby 5%
.
East Riding Deeds Registry
5
Those functions in respect of the deeds register of the former East Riding Deeds Registry which, apart from the abolition of the County Council of Humberside effected by the Humberside (Structural Change) Order 1995 would have fallen to be discharged by that Council shall be discharged by the East Riding of Yorkshire District Council ; and in any enactment or instrument relating to the Deeds Registry references to a county council shall, unless the context otherwise requires, be construed as references to the East Riding of Yorkshire District Council.
Electoral arrangements for parishes in the district of York
6
1
The following provisions shall apply to the elections of the parish councils of the parishes of Rufforth, Hessay, Upper Poppleton and Nether Poppleton in the district of York .
2
Elections of all councillors of the councils of those parishes shall be held on the ordinary day of election of councillors in 1996, 1999 and every fourth year after 1999 .
3
The term of office of any councillor so elected shall be, in the case of the councillors elected in 1996, three years and, in any other case, four years.
4
on the fourth day afterany such elections —
a
the persons who were councillors immediately before those elections shall retire; and
b
the newly elected councillors shall come into office.
Amendment of the Bedfordshire (Borough of Luton) (Structural Change) Order
7
In the Bedfordshire (Borough of Luton) (Structural Change) Order 1995 , in article 4(5)(b) after the words “shall not appoint any” there shall be inserted the word “such”.
Amendment of the Buckinghamshire (Borough of Milton Keynes) (Structural Change) Order
8
The Buckinghamshire (Borough of Milton Keynes) (Structural Change) Order 1995 shall be amended as follows —
a
In article 2 (interpretation) after the definition of “Buckinghamshire” insert —
“map 2” and “map 3” mean the second and third respectively of the three maps prepared by the Department of the Environment, marked “Maps of the Buckinghamshire (Borough of Milton Keynes) (Structural Change) Order 1995” and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994
.
b
In schedule 1 (wards of Milton Keynes), for the descriptions in column (2) of the areas of the wards named in column (1) which are specified below, substitute the following descriptions —
i
for the ward of Emerson Valley, the description “that part of the Shenley Brook End Parish marked “2” on map 3”;
ii
for the ward of Furzton, the description “that part of the Shenley Brook End Parish marked“3” on map 3”;
iii
for the ward of Newport Pagnell North the description “that north part of the Newport Pagnell Parish as marked on map 2”; and
iv
for the wards of Newport Pagnell South the description “that south part of the Newport Pagnell Parish as marked on map 2”.
Amendment of the Avon (Structural Change) Order
9
In the Avon (Structural Change) Order 1995 , in Schedule 2 (electoral areas and councillors in South Gloucestershire), for the descriptions in column (2) of the areas of the wards named in column (1) which are specified below, substitute the following descriptions —
a
for the ward of Patchway, the description “the district wards of Patchway Callicroft and Patchway Coniston and the parish ward of Patchway Stoke Lodge in the parish of Patchway”.
b
for the ward of Stoke Gifford (North), the description “the parish ward of Stoke Gifford North in the parish of Stoke Gifford”.
c
for the ward of Stoke Gifford (South), the description “the parish ward of Stoke Gifford South in the parish of Stoke Gifford”.
d
for the ward of Yate (North West), the description “the parish ward of Yate (North West)”.
Humberside County Council: functions in respect of specified schools
10
1
The functions of the Council of the County of Humberside referred to in paragraph (2) below, which, apart from the abolition of that Council effected by the Humberside (Structural Change) Order 1995, would after 1 April 1996 have fallen to be discharged by that Council, shall on and after that date be discharged by the Kingston-upon-Hull City Council.
2
The functions referred to in paragraph (1) above are functions of the Council of the County of Humberside in respect of the following schools —
The Sir Henry Cooper School;
The Thomas More RC Primary School;
The Sydney Smith School;
The Holy Name RC School; and
The William Geen Comprehensive School;
including any functions of the local education authority under the articles of government for any of those schools.
Avon County Council: functions in respect of specified schools
11
1
The functions of the Council of the County of Avon (“the County Council”) referred to in paragraph (2) below which, apart from the abolition of that Council effected by the Avon (Structural Change) Order 1995 (“the Order”), would after 1 April 1996 have fallen to be discharged by that Council, shall on and after that date be discharged by Bristol City Council.
2
The functions referred to in paragraph (1) above are the functions of the County Council in respect of the following schools —
Croydon Hall School;
Kingsdon Manor School;
Notton House School; and
Woodstock special school;
including any functions of the local education authority under the articles of government for any of those schools.
3
The functions of the County Council in respect of Filton Park special school, including any functions of the local education authority under the school’s articles of government, which, apart from the abolition of that Council effected by the Order, would after 1 April 1996 have fallen to be discharged by that Council, shall on and after that date be discharged by the South Gloucestershire District Council.
4
The functions of the County Council in respect of Periton Mead School, including any functions of the local education authority under the school’s articles of government, which, apart from the abolition of that Council effected by the Order, would after 1 April 1996 have fallen to be discharged by that Council, shall on and after that date be discharged by the North Somerset District Council.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
28th February 1996


text:
1
These Regulations may be cited as the Aviation Security (Air Cargo Agents) (Amendment) Regulations 1996 and shall come into force on 1st August 1996.
2
Regulation 10 of the Aviation Security (Air Cargo Agents) Regulations 1993 shall be amended as follows:
a
in paragraph (1)(c) for the word “three” in both places where it occurs there shall be substituted the word “five”;
b
in paragraph (1) the words “subject to paragraph (2) of this regulation” shall be omitted; and
c
for paragraphs (2) to (4) there shall be substituted the following paragraphs:
2
In a case where the Secretary of State decides to remove a security approved air cargo agent from the list of security approved air cargo agents he shall forthwith give notice to that agent of that removal and of the reasons for it and the agent may, in accordance with paragraphs (3) and (4) of this regulation, appeal to the Secretary of State against that decision.
3
An appeal to the Secretary of State shall be made by a notice signed by or on behalf of the air cargo agent given to the Secretary of State and stating the grounds on which the appeal is based and the arguments on which the agent relies.
4
Notice of appeal must be given within 28 days from the date of the notice referred to in paragraph (2) of this regulation.
5
The Secretary of State shall give notice to the air cargo agent of his decision to maintain the removal of that agent from the list of security approved air cargo agents or to reinstate that agent to that list. In the case of a decision to maintain the removal of that agent from that list the notice shall include the reasons for that decision.
6
Any air cargo agent whom the Secretary of State decides to remove from the list of security approved air cargo agents for a reason within paragraph (1) of this regulation, other than sub-paragraph (c) of that paragraph, may not re-apply for inclusion in that list until after the expiry of the period of three months beginning with the date of the Secretary of State’s notice under paragraph (2) or (5) of this regulation, whichever is the later.
7
The Secretary of State shall remove a security approved air cargo agent from the list of security approved air cargo agents upon being requested to do so by that agent.
.
Signed by authority of theSecretary of State for Transport
Goschen,
Parliamentary Under Secretary of State,
Department of Transport
19th June 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Amendment (No. 3) Order 1996 and shall come into force on 20th December 1996.
2
In this Order “the principal Order ” means the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983 and, except where the context otherwise requires, a reference to a numbered article or Schedule is to the article or Schedule in the principal Order which bears that number.
Substitution of article 3
2
For article 3 (basic conditions of awards and the making of claims) there shall be substituted the following article —
Basic conditions of awards under this Order
3
Subject to articles 3A and 3B, awards under this Order may be made where the disablement or death of a member of the armed forces is due to service.
.
Insertion of articles 3A to 3D
3
After article 3 as substituted by article 2 of this Order, there shall be inserted the following articles —
Making of claims
3A
1
Subject to article 3B (cases where claims are not required), it shall be a condition precedent to the making of any award of any pension, allowance or supplement mentioned in paragraph (2) that the person making the claim shall have —
a
completed and signed a form approved by the Secretary of State for the purpose of claiming that pension, allowance or supplement payable under this Order; and
b
delivered that form either to an appropriate office of the Secretary of State or to an office of an authorised agent.
2
The pensions, allowances and supplement to which paragraph (1) applies are —
a
retired pay or a pension payable under article 10 (pension for disablement) ;
b
a constant attendance allowance payable under article 14;
c
an allowance for wear and tear of clothing payable under article 17;
d
an unemployability allowance payable under article 18 ;
e
an allowance for lowered standard of occupation payable under article 21 ;
f
a treatment allowance under article 23 ;
g
an allowance where abstention from work is necessary following treatment in a hospital or similar institution under article 24 ;
h
an allowance for part-time treatment under article 25 ;
i
a mobility supplement payable under article 26A ;
j
a widow’s pension payable under article 29 ;
k
a pension payable to an unmarried dependant who lived as a spouse under article 30 ;
l
a rent allowance payable to a widow, widower or an unmarried dependant who had lived as a spouse under article 31;
m
a widower’s pension payable under article 34 ;
n
an allowance payable under article 35 to a widow in respect of a child born after the death of the member;
o
an allowance in respect of, or a pension payable to, a child of a member under article 37.
3
A claim for a pension for a child under article 36 (pensions to motherless or fatherless children under the age limit) shall be made by the child’s guardian or by any other person having parental responsibility (within the meaning of the Children Act 1989 ) for the child.
Cases where claims are not required
3B
1
A claim for the pensions, allowances and supplements mentioned in the following paragraphs of this article shall not be required if the conditions set out in that paragraph are satisfied.
2
A claim for retired pay or a disablement pension under article 10 is not required to be made by the former member of the armed forces if —
a
he is discharged from the armed forces on medical grounds; and
b
the Secretary of State for Defence has delivered to the Secretary of State copies of the member’s medical and service records.
3
A claim for a widow’s pension under article 29 is not required if —
a
the member of the armed forces by reference to whose death the pension would be payable died whilst serving in the armed forces; and
b
the Secretary of State for Defence has delivered to the Secretary of State copies of that member’s medical and service records.
4
A separate claim is not required for an award under this Order of —
a
comforts allowance payable under article 20(1)(a)(ii); or
b
age allowance payable under article 22;
where a pensioner is in receipt of retired pay or a disablement pension under article 10.
5
A separate claim is not required for an award under this Order of the allowance payable under article 32 (allowance to elderly widows and unmarried dependants who lived as wives) where a person is in receipt of a pension under article 29 (pensions for widows), article 30 (which relates to pensions for unmarried dependants who lived as spouses), or article 34 (pensions to widowers).
6
Where a claim has been made for retired pay or a disablement pension under article 10 on the basis of a particular disablement which is alleged to have been due to an injury which is attributable to or aggravated by service, no separate claim shall be required in respect of any other disablement which appears, upon an examination which is conducted by a medical practitioner before the claim is determined, to have been so attributable or so aggravated, whether due to that or another injury.
7
Where a claim for a constant attendance allowance has been made in respect of a former member of the armed forces under article 14, no separate claim shall be required for —
a
an exceptionally severe disablement allowance under article 15;
b
a severe disablement occupational allowance under article 16 ;
c
a comforts allowance under article 20; or
d
a temporary allowance payable under article 33 to a widow of a member of the armed forces, or to a woman who had lived as the wife of such a member.
8
Where a claim for an unemployability allowance under article 18 has been made, no separate claim shall be required for —
a
an invalidity allowance under article 19;
b
a comforts allowance under article 20; or
c
a temporary allowance payable under article 33 to a widow of a member of the armed forces, or to a woman who had lived as the wife of such a member.
9
Where a claim has been made for —
a
a widow’s pension under article 29;
b
a pension payable to an unmarried dependant living as a spouse under article 30; or
c
a widower’s pension under article 34,
no separate claim for the award of an allowance under article 35 (children under the age limit) or article 37 (awards to or in respect of children over the age limit) shall be required if the claim for that pension provides sufficient information for the making of the award.
Withdrawal of claims
3C
1
Where a claim for a pension, allowance or supplement specified in article 3A has been made and —
a
the Secretary of State makes a request in writing for further information which is reasonably required for the determination of that claim, and that information is not furnished within three months of the date on which the request is given or sent to the person making the claim; or
b
the person in respect of whom the claim is made has been requested to attend for a medical examination at a time and place specified in a notice given or sent to him not less than ten days before the date of the examination and he fails without providing, within three months of the date on which he was requested to attend, a satisfactory explanation for that failure;
the claim shall be treated as having been withdrawn.
2
Where a person who has made a claim for a pension, allowance or supplement specified in article 3A, and that claim has not been determined, gives written notice to the Secretary of State or, where the claim was made by delivering the claim to an authorised agent, gives written notice to either the Secretary of State or that authorised agent, that he wishes to withdraw the claim, the claim shall thereafter be treated for all purposes of this Order as having been withdrawn.
3
The treating of a claim as having been withdrawn under this article shall not prejudice the making of a further claim for the pension, allowance or supplement to which the earlier claim related.
Date of claim
3D
1
In this Order “date of claim” means, subject to the following paragraphs of this article, the date on which a claim, in the form prescribed in respect of the pension, supplement or allowance claimed, is delivered to the Secretary of State or to an authorised agent.
2
Where not more than three months earlier than the date referred to in paragraph (1) a form prescribed for making the claim in question has been despatched as a result of an enquiry made in person, in writing or orally to the Secretary of State or to an authorised agent about claiming a pension, allowance or supplement under this Order for a named person, and that enquiry is made by the person who subsequently makes the claim or by a relative of his or a representative of a charitable organisation (including a company limited by guarantee with charitable objects) which represents former members of the armed forces, the date of claim shall be the date on which that enquiry is received by the Secretary of State, or, as the case may be, the authorised agent.
3
Where a claim for a disablement pension or retired pay results in an award and, within three months of the notification of that award being given or sent to the pensioner of the decision to allow that claim, the member claims any allowance specified in article 3A(2) or a mobility supplement under article 26A, the date of claim, for the purposes of determining entitlement to that allowance or supplement, shall be the date of the claim for the disablement pension or retired pay under article 10.
4
Where a claim for a disablement pension or retired pay under article 10 results in an award and the member to whom it is awarded subsequently claims any allowance specified in article 3A(2) or a mobility supplement under article 26A, but not within the three months of the notification of that award being given or sent to him, the date of claim for the purpose of determining entitlement to that allowance or supplement shall, subject to paragraph (5), be the date on which he makes a claim for that allowance or supplement.
5
Where not more than three months earlier than the date referred to in paragraph (4) a form prescribed for making the claim in question has been despatched as a result of an enquiry made in person, in writing or orally to the Secretary of State or to an authorised agent about claiming a pension, allowance or supplement under this Order for a named person, and that enquiry is made by the person who subsequently makes the claim or by a relative of his or a representative of a charitable organisation (including a company limited by guarantee with charitable objects) which represents former members of the armed forces, the date of claim shall be the date on which that enquiry is received by the Secretary of State, or, as the case may be, the authorised agent.
6
Where a claim or an enquiry referred to in this article is made by post in the United Kingdom and the arrival of that claim or enquiry at the appropriate office of the Secretary of State or the authorised agent is delayed by postal disruption caused by industrial action, whether within the postal service or elsewhere, the claim shall be treated as having been received on the day on which it would have been received if it had been delivered in the ordinary course of post.
.
Amendment of article 8
4
In paragraph (1) of article 8 (general conditions for awards in respect of disable ment) for the words “article 3” there shall be substituted the words “article 3A”.
Amendment of article 27
5
In paragraph (1) of article 27 (application of Part IV) for the words “article 3” there shall be substituted the words “article 3A”.
Heading of article 30
6
In the heading of article 30 (pensions to unmarried dependants who lived as wives) for the word “wives” there shall be substituted the word “spouses”.
Heading of article 31
7
In the heading of article 31 (rent allowance to widows, and unmarried dependants who lived as wives) after the word “widows,” there shall be inserted the word “widowers,” and for the word “wives” there shall be substituted the word “spouses”.
Heading of article 32
8
In the heading of article 32 (allowances to widows and unmarried dependants who lived as wives of severely disabled pensioners) after the word “widows” there shall be inserted the word “, widowers” and for the word “wives” there shall be substituted the word “spouses”.
Amendment of article 54
9
In article 54 (interpretation of Part VI) in paragraph (2) the figure “65,” shall be omitted.
Substitution of article 65
10
For article 65 (commencing date of awards) there shall be substituted the following articles —
Commencing date of awards of pension or retired pay and associated allowances and supplements
65
Subject to article 65ZA, Schedule 3 shall have effect with respect to the commencing date of an award of a pension or retired pay under article 10, or a pension payable under article 29, 30 or 34 or any other pension, allowance or supplement payable under this Order except one to which article 65ZA applies.
Commencing date of award of widow’s pension where section 168 of the Pensions Act 1995 applies
65ZA
1
Except where the Secretary of State otherwise provides in a particular case or class of case, the commencing date for an award of a pension payable to a woman as a widow under this Order following the dissolution of a marriage which falls to be disregarded by virtue of section 168 of the Pensions Act 1995 (war pensions for widows: effect of remarriage) shall be —
a
where the claim for the payment or, as the case may be, restoration of the widow’s pension is made within three months of the dissolution of the marriage, or where there is more than one, of the last marriage, falling to be disregarded, the day immediately following that dissolution;
b
in any other case, the date on which the claim for payment or, as the case may be, restoration of the widow’s pension is made.
2
In this article “dissolution” means the same as in section 168 of the Pensions Act 1995.
.
Amendment of Schedule 3
11
In Schedule 3, for paragraph 4 there shall be substituted the following paragraph —
4
In this Schedule “pension” means —
a
any retired pay or pension payable under article 10;
b
any pension payable under article 29, 30, or 34; or
c
any other pension, allowance or supplement payable under this Order other than one to which article 65ZA applies.
.
Amendment of Schedule 4
12
Schedule 4 (glossary of expressions) shall be amended by the insertion in Part II, after the definition of “apprentice”, of the following definition —
18A
“authorised agent”
A person authorised by the Secretary of State for the purpose of receiving claims under this Order, including, without prejudice to the generality of the foregoing, a person exercising consular functions on behalf of Her Majesty’s Government in right of the United Kingdom in the territory or place where the person making the claim is resident at the time when it is made.
.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
These Regulations may be cited as the Mental Health (Patients in the Community) (Transfers from Scotland) Regulations 1996 and shall come into force on 1st April 1996.
Modifications of provisions of the Mental Health Act 1983
2
The provisions of the Mental Health Act 1983 set out in column 1 of the Schedule to these Regulations shall apply in relation to a patient in respect of whom a supervision application is (or is to be) made subject to the modifications prescribed in column 2 of the Schedule.
Signed by authority of the Secretary of State for Health
John Bowis
Parliamentary Under Secretary of State,
Department of Health
14th February 1996


text:
Citation and commencement
1
These Regulations may be cited as the Wine and Made-wine (Amendment) Regulations 1996 and shall come into force on 30th November 1996.
Amendment of the Wine and Made-wine Regulations 1989
2
1
The Wine and Made-wine Regulations 1989 shall be amended as follows.
2
In regulation 11(1) —
a
after the words “charged with duty at”, there shall be inserted “the time it is made and the excise duty point shall be”, and
b
the words “and at the rate in force at that time” shall be omitted.
3
In the proviso to regulation 12, for the words from “that wine or made-wine” to “that time” there shall be substituted “the time of that occurrence shall be the excise duty point”.
4
After regulation 12 there shall be inserted —
Constructive removal
12A
1
Where wine or made-wine is held in any winery to which this regulation applies it shall be deemed to have been sent out from that winery for home use at the time of its constructive removal or, if earlier, the time it actually left that winery.
2
This regulation applies to a winery where the records relating to wine or made-wine sent out from the winery are kept by means approved for this purpose by the Commissioners; and the Commissioners may at any time revoke such approval upon giving fourteen days' notice in writing.
3
The producer from whose winery constructive removal may take place shall keep the records specified in a notice published by the Commissioners and not withdrawn by a further notice.
4
Constructive removal shall mean the making of an entry in the records specified in accordance with paragraph (3) above which identifies the wine or made-wine that is the subject of that entry as having been sent out from the winery for home use notwithstanding that it remains in that winery.
5
An entry showing the constructive removal of any wine or made-wine shall not be cancelled, amended or altered.
5
In regulation 13 —
a
for the words “duty on the wine or made-wine shall be charged at” there shall be substituted “excise duty point shall be”, and
b
the words “,and at the rate in force at that time” shall be omitted.
6
In regulation 23(1)(b), for the words “the charge to duty was incurred” there shall be substituted “the excise duty point occurred”.
7
In regulation 23(2), for the word “charged” there shall be substituted “payable”.
New King’s Beam House 22 Upper Ground London SE1 9PJ
D. J. Howard
Commissioner of Customs and Excise
28th October 1996


text:
Citation and commencement
1
This Order may be cited as the Council Tax (Discount Disregards) (Amendment) (No. 2) Order 1996 and shall come into force on 8th January 1997.
The severely mentally impaired
2
1
Article 3 (the severely mentally impaired) of the Council Tax (Discount Disregards) Order 1992 is amended as follows.
2
In paragraph (1), for the words `paragraph (3) below' there is substituted `paragraph (3) or (4) below'.
3
At the end there is added —
4
The requirements of this paragraph are that —
a
the person in question is a person whose partner is in receipt of jobseeker’s allowance, and
b
by virtue of that person’s incapacity for work the applicable amount for the purposes of regulation 83 or 84 of the Jobseeker’s Allowance Regulations 1996 includes a premium which falls to be determined under paragraph (d) or (g) of paragraph 14(1) of Schedule 1 to those Regulations.
.
Signed by authority of the Secretary of State
Paul Beresford
Parliamentary Under Secretary of State
Department of the Environment
12th December 1996
Gwilym Jones
Parliamentary Under Secretary of State Welsh Office
12th December 1996


text:
1
This Order may be cited as the A303 Trunk Road (Sparkford to Ilchester Improvement and Slip Roads) Order 1996, and shall come into force on 17th May 1996.
2
In this Order —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the main new roads” means the new highways which the Secretary of State proposes to construct along the routes described in Schedule 1 to this Order;
ii
“the new trunk roads” means the main new roads and the slip roads;
iii
“the plan” means the plan numbered HA10/1/SWM/115, marked “The A303 Trunk Road (Sparkford to Ilchester Improvement and Slip Roads) Order 1996”, signed by authority of the Secretary of State for Transport and deposited at the Department of Transport, St Christopher House, Southwark Street, London SE1 0TE; and
iv
“the slip roads” means the new highways which the Secretary of State proposes to construct along the routes described in Schedule 2 to this Order and which connect the main new roads with other highways at the places stated in that Schedule.
3
The main new roads and the slip roads shall become trunk roads from the date when this Order comes into force.
4
The centre line of each of the new trunk roads is indicated by a heavy black line on the plan.
5
The Secretary of State directs as respects any part of a highway which crosses the route of any of the new trunk roads that —
a
where the highway is maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for traffic.
Signed by authority of the Secretary of State for Transport
D W Ward
Director Southern Operations Division Road Programme Directorate Highways Agency
26th April 1996


text:
1
This Order may be cited as the Airport Byelaws (Designation) Order 1996 and shall come into force on 1st December 1996.
2
Campbeltown Airport is hereby designated for the purposes of section 63 of the Airports Act 1986.
Signed by authority of the Secretary of State for Transport
Goschen
Parliamentary Under Secretary of State,
Department of Transport
14th October 1996


text:
Citation and commencement
1
This Order may be cited as the Education (Transfer of Functions Relating to Grant-maintained Schools) Order 1996 and shall come into force on 23rd September 1996.
Transfer of functions relating to grant-maintained schools
2
The power of the Secretary of State under section 68(6) of the Education Act 1993 to consent to borrowing by grant-maintained schools, mentioned in section 17(2) of the Education Act 1993, shall be exercisable instead by the Funding Agency for Schools .
Gillian Shephard
Secretary of State for Education and Employment
2nd September 1996


text:
Commencement and citation
1
This Order may be cited as The A1400 Trunk Road (Redbridge) Red Route Traffic Order 1996, and shall come into force on 31st July 1996.
Interpretation
2
In this Order —
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities’ Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route” means the lengths of road specified in column 2 of the table in schedule 1;
f
“vehicle” includes part of a vehicle; and
g
an entry in column (3), (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule.
General prohibition of stopping
3
1
Subject to the provisions of paragraphs (2) and (3) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop in the trunk road red route during the restricted hours.
2
Subject to the provisions of paragraph (3) of this article, and of articles 5(1), 8 and 9, no person shall cause any vehicle to stop at any time in any lengths of the trunk road red route specified in schedule 4.
3
The controls specified in paragraphs (1) and (2) of this article do not apply in respect of any area of the trunk road red route specified in schedule 2A.
4
In this article “the restricted hours” means, in relation to a length of the trunk road red route specified in an item in column (2) of the table in schedule 1, the hours specified in that item in column (3) of that table.
Exemptions for parking
4
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
Miscellaneous exemptions for parking
5
1
Licensed taxi cabs: The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to be parked at the edge of the carriageway on a length of road specified in schedule 2D.
2
Coaches: The controls specified in article 3(1) do not apply in respect of a person causing a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver) or a local bus (as defined in article 8(4)) not so constructed or adapted, to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2E during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
3
Doctors’ vehicles: The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2F during the hours specified in column (3) in that item, provided that —
a
there is displayed in the windscreen of the vehicle a badge issued by, or with the authority of, the Traffic Director for London to a medical practitioner, and which specifies —
i
the name of the person to whom it was issued, and
ii
the premises in relation to which it applies; and
b
the vehicle was parked by, or with the permission of, the person whose name is specified on the badge and for so long only as the person who parked the vehicle is engaged in work at the premises specified on the badge.
4
Solo motor bicycles: The controls specified in article 3(1) do not apply in respect of a person causing a motor bicycle without a side-car to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2G during the hours specified in column (3) in that item.
Exemptions for loading and unloading
6
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which is being loaded or unloaded to stop at the edge of the carriageway on a length of road specified in an item in column (2) of the tables in schedules 3A and 3B during the hours specified in column (3) in that item for as long as is needed to load or unload the vehicle or 20 minutes, whichever is the less, provided that not less than 20 minutes has elapsed since the vehicle was last parked on any part of the same length of road.
Exemptions for disabled persons
7
1
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item.
2
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2C during the hours specified in column (3) in that item.
3
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which displays a disabled person’s badge in the relevant position, and a parking disc on which is shown the time at which the period of parking began, to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item, for a period of up to 3 hours not being a period separated by an interval of less than 1 hour from a previous period when that vehicle was parked in that length of road.
Exemptions at bus stops and stands
8
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to which this article applies to stop at a bus stop (being an area of road bounded by a traffic sign which includes the words “bus stop”) for so long only as may be required to enable passengers to get on or off the vehicle or, in the case of a vehicle being used to provide a local service, for so long only as may be required for a change of crew.
2
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used to provide a local service to stop at a bus stand (being an area of road bounded by a traffic sign which includes the words “bus stand”) for so long only as may be required for timetabling reasons.
3
This article applies —
a
before 1 January 1997 to
i
a public service vehicle used for the provision of a local service or a scheduled express service,
ii
a school bus, and
iii
a works bus; and
b
after 31 December 1996 to
i
a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver), and
ii
a local bus not so constructed or adapted.
4
In this article “local bus”, “local service”, “scheduled express service”, “school bus” and “works bus” have the meanings given to those expressions in regulation 4 of the Traffic Signs Regulations and General Directions 1994 .
Other exemptions
9
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to stop if that person is —
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) and (2) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) and (2) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Revocation or variation of existing Orders
10
1
The A1400 Trunk Road (Redbridge) Red Route Experimental Traffic Order 1995 and The London Borough of Redbridge Waiting and Loading Restriction Consolidation Order 1993 TMO 1993/LBR No. 3 are hereby revoked, in so far as their provisions relate to any part of the trunk road red route.
TRO 184
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
16th July 1996