text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Housing Benefit, Council Tax Benefit and Supply of Information (Jobseeker’s Allowance) (Consequential Amendment) Regulations 1996 and shall come into force on 7th October 1996.
2
In these Regulations —
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 ;
“the Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 ;
“the Supply of Information Regulations ” means the Housing Benefit (Supply of Information) Regulations 1988 .
Amendment of regulation 2 of the Housing Benefit Regulations
2
1
Regulation 2 of the Housing Benefit Regulations (interpretation) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1) —
a
in the definition of “appropriate DSS office” for the words “unemployment benefit” there shall be substituted the words “a jobseeker’s allowance”;
b
after the definition of “attendance allowance” there shall be inserted the following definition —
“the benefit Acts ” means the Contributions and Benefits Act and the Jobseekers Act 1995 ;
;
c
after the definition of “housing association” there shall be inserted the following definition —
“an income-based jobseeker’s allowance” has the same meaning in these Regulations as it has in the Jobseekers Act 1995 by virtue of section 1(4) of that Act;
.
3
After paragraph (3), there shall be inserted the following paragraph —
3A
For the purposes of these Regulations, a person is on an income-based jobseeker’s allowance on any day in respect of which an income-based jobseeker’s allowance is payable to him and on any day —
a
in respect of which he satisfies the conditions for entitlement to an income-based jobseeker’s allowance but where the allowance is not paid in accordance with section 19 of the Jobseekers Act 1995 (circumstances in which a jobseeker’s allowance is not payable); or
b
which is a waiting day for the purposes of paragraph 4 of Schedule 1 to that Act and which falls immediately before a day in respect of which an income-based jobseeker’s allowance is payable to him or would be payable to him but for section 19 of that Act.
.
Amendment of regulation 4 of the Housing Benefit Regulations
3
In regulation 4(5) of the Housing Benefit Regulations (remunerative work) after the words “income support” there shall be inserted the words “or an income-based jobseeker’s allowance”.
Amendment of regulation 7A of the Housing Benefit Regulations
4
In regulation 7A(5) of the Housing Benefit Regulations (persons from abroad) after sub-paragraph (d), there shall be added the following sub-paragraph —
e
is a person on an income-based jobseeker’s allowance.
.
Amendment of regulation 8 of the Housing Benefit Regulations
5
In paragraphs (2) and (3) of regulation 8 of the Housing Benefit Regulations (eligible housing costs) after the words “income support” in each place where they occur there shall be inserted the words “or an income-based jobseeker’s allowance”.
Amendment of regulation 13 of the Housing Benefit Regulations
6
In regulation 13(2) of the Housing Benefit Regulations (persons of prescribed description) after the words “on income support” there shall be inserted the words “or an income-based jobseeker’s allowance”.
Amendment of regulation 20 of the Housing Benefit Regulations
7
In regulation 20(1) of the Housing Benefit Regulations (circumstances in which income of non-dependant is to be treated as claimant’s) after the words “income support” there shall be inserted the words “or an income-based jobseeker’s allowance”.
Amendment of regulation 43A of the Housing Benefit Regulations
8
1
Regulation 43A of the Housing Benefit Regulations (diminishing notional capital rule) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (3) —
a
at the end of sub-paragraph (d) the word “and” shall be omitted; and
b
at the end of the paragraph the word “and” shall be inserted and the following new sub-paragraph shall be added —
f
where the claimant has also claimed a jobseeker’s allowance, the amount of an income-based jobseeker’s allowance to which he would have been entitled in respect of the benefit week to which paragraph (2) refers but for the application of regulation 113 of the Jobseeker’s Allowance Regulations 1996 (notional capital) .
.
3
In paragraph (4) —
a
at the end of sub-paragraph (d) the word “and” shall be omitted; and
b
at the end of the paragraph the word “and” shall be inserted and the following new sub-paragraph shall be added —
f
if the claimant would, but for regulation 113 of the Jobseeker’s Allowance Regulations 1996, have been entitled to an income-based jobseeker’s allowance in respect of the benefit week, within the meaning of regulation 1(3) of those Regulations (interpretation), which includes the last day of the relevant week, the amount to which he would have been entitled and, for the purposes of this sub-paragraph, if the amount is in respect of a part-week, that amount shall be determined by dividing the amount of the income-based jobseeker’s allowance to which he would have been so entitled by the number equal to the number of days in the part-week and multiplying the quotient so obtained by 7.
.
4
In paragraph (8)(aa) —
a
for the words “paragraph (4)(d)” there shall be substituted the words “paragraph (4)(d) and (f)”;
b
after the words “income support” there shall be inserted the words “, or, as the case may be, an income-based jobseeker’s allowance,”.
Amendment of regulation 48A of the Housing Benefit Regulations
9
In regulation 48A(2)(a) of the Housing Benefit Regulations (full-time students to be treated as not liable to make payments in respect of a dwelling) after the words “income support” there shall be inserted the words “or an income-based jobseeker’s allowance”.
Amendment of regulation 63 of the Housing Benefit Regulations
10
In regulation 63(8) of the Housing Benefit Regulations (non-dependant deductions) after the words “income support” there shall be added the words “or an income-based jobseeker’s allowance”.
Amendment of regulation 66 of the Housing Benefit Regulations
11
In regulation 66(4) of the Housing Benefit Regulations (benefit period) after the words “income support” there shall be inserted the words “or an income-based jobseeker’s allowance”.
Amendment of regulation 67 of the Housing Benefit Regulations
12
1
Regulation 67 of the Housing Benefit Regulations (date on which benefit period is to end) shall be re-numbered paragraph (1) of regulation 67 and shall be further amended in accordance with the following provisions of this regulation.
2
In paragraph (1)(a) —
a
at the beginning there shall be inserted the words “subject to paragraph (2),”; and
b
after the words “income support” there shall be inserted the words “or an income-based jobseeker’s allowance”.
3
In paragraph (1)(b) —
a
after the words “income support” in each place where they occur there shall be inserted the words “or an income-based jobseeker’s allowance”; and
b
for the words “the Social Security Act” there shall be substituted the words “the benefit Acts”.
4
At the end of the regulation there shall be added the following paragraph —
2
Sub-paragraph (a) of paragraph (1) shall not apply where —
a
the claimant ceases to be entitled to income support and immediately after that entitlement ceases an entitlement to an income-based jobseeker’s allowance commences for him; or
b
the claimant ceases to be entitled to an income-based jobseeker’s allowance and immediately after that entitlement ceases an entitlement to income support commences for him.
.
Amendment of regulation 72 of the Housing Benefit Regulations
13
1
Regulation 72 of the Housing Benefit Regulations (time and manner in which claims are to be made) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (4) in sub-paragraphs (a) and (c) after the words “income support” in each place where they occur there shall be inserted the words “or a jobseeker’s allowance”.
3
In paragraph (5) —
a
for sub-paragraph (a) there shall be substituted the following sub-paragraph —
a
in a case where an award of income support or an income-based jobseeker’s allowance has been made to the claimant or his partner and the claim for housing benefit is made within 4 weeks of the date on which the claim for that income support or jobseeker’s allowance was received at the appropriate DSS office, the first day of entitlement to income support or an income-based jobseeker’s allowance arising from that claim; and for the purposes of this sub-paragraph a person who has an award entitling him to an income-based jobseeker’s allowance shall be treated as also entitled to an income-based jobseeker’s allowance for any days which immediately precede the first day in that award and on which in accordance with paragraph 4 of Schedule 1 to the Jobseekers Act 1995 (waiting days) he would not be entitled to that allowance;
;
b
in sub-paragraph (b) —
i
after the words “claimed income support” there shall be inserted the words “or a jobseeker’s allowance”; and
ii
after the words “entitlement to income support” there shall be inserted the words “or an income-based jobseeker’s allowance”; and
c
in sub-paragraph (bb) after the words “income support” there shall be inserted the words “or an income-based jobseeker’s allowance”.
4
In paragraph (14)(a) after the words “income support” there shall be inserted the words “or an income-based jobseeker’s allowance”.
Amendment of regulation 75 of the Housing Benefit Regulations
14
In regulation 75(2)(e) of the Housing Benefit Regulations (duty to notify changes of circumstances) after the words “income support” in each place where they occur there shall be inserted the words “or an income-based jobseeker’s allowance”.
Amendment of regulation 76 of the Housing Benefit Regulations
15
In regulation 76(4)(a) of the Housing Benefit Regulations (who is to make a determination) after the words “income support” there shall be inserted the words “or an income-based jobseeker’s allowance”.
Amendment of regulation 93 of the Housing Benefit Regulations
16
In regulation 93(a) of the Housing Benefit Regulations (circumstances in which payment is to be made to a landlord) —
a
for the words “the Act” there shall be substituted the words “the Social Security Administration Act 1992 ”; and
b
after the words “income support” there shall be inserted the words “or a jobseeker’s allowance”.
Amendment of regulation 95 of the Housing Benefit Regulations
17
In regulation 95(4A) of the Housing Benefit Regulations (withholding of benefit) after the words “income support” in the first place where they occur there shall be inserted the words “or an income-based jobseeker’s allowance” and in the second place where they occur there shall be inserted the words “or income-based jobseeker’s allowance.”.
Amendment of regulation 105 of the Housing Benefit Regulations
18
In regulation 105 of the Housing Benefit Regulations (recovery of overpayments from prescribed benefits) in paragraph (1) at the end there shall be added the following sub-paragraph —
e
a jobseeker’s allowance.
.
Amendment of Schedule 3 to the Housing Benefit Regulations
19
In paragraph 10 of Schedule 3 to the Housing Benefit Regulations (sums to be disregarded in the calculation of earnings) after the words “income support” there shall be inserted the words “or an income-based jobseeker’s allowance”.
Amendment of Schedule 4 to the Housing Benefit Regulations
20
1
Schedule 4 to the Housing Benefit Regulations (sums to be disregarded in the calculation of income other than earnings) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph 4 after the words “income support” there shall be inserted the words “or an income-based jobseeker’s allowance”.
3
In paragraph 6 at the end there shall be added the following sub-paragraph —
c
an income-based jobseeker’s allowance.
.
4
Paragraph 52 shall be re-numbered sub-paragraph (1) of paragraph 52, and after sub-paragraph (1) there shall be added the following sub-paragraph —
2
For the purposes of sub-paragraph (1), an addition to a contribution-based jobseeker’s allowance under regulation 9(4) of the Jobseeker’s Allowance (Transitional Provisions) Regulations 1995 shall be treated as an increase of a benefit under the Contributions and Benefits Act arising under Part IV of that Act.
.
Amendment of Schedule 5 to the Housing Benefit Regulations
21
1
Schedule 5 to the Housing Benefit Regulations (capital to be disregarded) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph 5 after the words “income support” there shall be inserted the words “or an income-based jobseeker’s allowance”.
3
In paragraph 8 after sub-paragraph (b) there shall be inserted the following sub-paragraph —
c
an income-based jobseeker’s allowance,
.
4
At the end of the Schedule there shall be added the following paragraph —
49
Any back to work bonus payable by way of a jobseeker’s allowance or income support in accordance with section 26 of the Jobseekers Act 1995, or a corresponding payment under article 28 of the Jobseekers (Northern Ireland) Order 1995 , but only for a period of 52 weeks from the date the payment is received.
.
Amendment of Schedule 5A to the Housing Benefit Regulations
22
1
Schedule 5A to the Housing Benefit Regulations (extended payments of housing benefit) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph 2 —
a
in sub-paragraph (a) after the words “income support” there shall be inserted the words “or an income-based jobseeker’s allowance”;
b
in sub-paragraph (c) after the words “entitlement to income support” there shall be inserted the words “or an income-based jobseeker’s allowance”;
c
in sub-paragraph (d) after the words “income support” there shall be inserted the words “or an income-based jobseeker’s allowance”; and
d
for sub-paragraph (e) there shall be substituted the following sub-paragraph —
e
that the claimant had been entitled to and in receipt of income support or a jobseeker’s allowance for a continuous period of at least 26 weeks until the relevant day in any of, or any combination of, the circumstances set out at sub-paragraph (c), and for the purpose of this sub-paragraph —
i
any period of entitlement to and receipt of unemployment benefit shall be taken to be entitlement to and receipt of income support; and
ii
for the avoidance of doubt a claimant satisfies the conditions of this sub-paragraph if he has been entitled to and in receipt of income support for at least 26 weeks, or a jobseeker’s allowance for at least 26 weeks, or a combination of income support and a jobseeker’s allowance for at least 26 weeks.
.
3
In paragraph 3 —
a
in sub-paragraph (2)(c) after the words “income support” there shall be inserted the words “or an income-based jobseeker’s allowance”; and
b
in sub-paragraph (3)(a) at the beginning there shall be inserted the words “where the Secretary of State certifies under paragraph 2(a) that the claimant was entitled to and was in receipt of income support,”.
4
In paragraph 12 in the definition of “relevant day” after the words “income support” there shall be inserted the words “or an income-based jobseeker’s allowance”.
Amendment of Schedule 6 to the Housing Benefit Regulations
23
1
In the provisions of Schedule 6 to the Housing Benefit Regulations (matters to be included in the notice of determination) listed in paragraph (2), after the words “income support” in each place where they occur there shall be inserted the words “or an income-based jobseeker’s allowance”.
2
The provisions referred to in paragraph (1) are —
a
paragraph 9;
b
paragraph 10;
c
paragraph 13(a)(ii).
Amendment of regulation 2 of the Council Tax Benefit Regulations
24
1
Regulation 2 of the Council Tax Benefit Regulations (interpretation) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1) —
a
in the definition of “appropriate social security office” for the words “unemployment benefit” there shall be substituted the words “a jobseeker’s allowance”;
b
after the definition of “attendance allowance” there shall be inserted the following definition —
“the benefit Acts” means the Contributions and Benefits Act 1992 and the Jobseekers Act 1995 ;
;
c
after the definition of “housing benefit” there shall be inserted the following definition —
“an income-based jobseeker’s allowance” has the same meaning in these Regulations as it has in the Jobseekers Act 1995 by virtue of section 1(4) of that Act;
.
3
After paragraph (3), there shall be inserted the following paragraph —
3A
For the purpose of these Regulations, a person is on an income-based jobseeker’s allowance on any day in respect of which an income-based jobseeker’s allowance is payable to him and on any day —
a
in respect of which he satisfies the conditions for entitlement to an income-based jobseeker’s allowance but where the allowance is not paid in accordance with section 19 of the Jobseekers Act 1995 (circumstances in which a jobseeker’s allowance is not payable); or
b
which is a waiting day for the purposes of paragraph 4 of Schedule 1 to that Act and which falls immediately before a day in respect of which an income-based jobseeker’s allowance is payable to him or would be payable to him but for section 19 of that Act.
.
Amendment of regulation 4 of the Council Tax Benefit Regulations
25
In regulation 4(5) of the Council Tax Benefit Regulations (remunerative work) after the words “income support” there shall be inserted the words “or an income-based jobseeker’s allowance”.
Amendment of regulation 4A of the Council Tax Benefit Regulations
26
In regulation 4A(5) of the Council Tax Benefit Regulations (persons from abroad) after sub-paragraph (d) there shall be added the following sub-paragraph —
e
is a person on an income-based jobseeker’s allowance.
.
Amendment of regulation 5 of the Council Tax Benefit Regulations
27
In regulation 5(2) of the Council Tax Benefit Regulations (persons of prescribed description for the definition of “family” in section 137(1) of the Contributions and Benefits Act 1992) after the words “on income support” there shall be inserted the words “or an income-based jobseeker’s allowance”.
Amendment of regulation 12 of the Council Tax Benefit Regulations
28
In regulation 12(1) of the Council Tax Benefit Regulations (circumstances in which income of non-dependant is to be treated as claimant’s) after the words “income support” there shall be inserted the words “or an income-based jobseeker’s allowance”.
Amendment of regulation 16 of the Council Tax Benefit Regulations
29
In regulation 16(2) of the Council Tax Benefit Regulations (average weekly income other than earnings) for the words “the Contributions and Benefits Act 1992” there shall be substituted the words “the benefit Acts”.
Amendment of regulation 24 of the Council Tax Benefit Regulations
30
In regulation 24(3) of the Council Tax Benefit Regulations (calculation of income other than earnings) for the words “the Contributions and Benefits Act 1992” there shall be substituted the words “the benefit Acts”.
Amendment of regulation 26 of the Council Tax Benefit Regulations
31
In regulation 26(4) of the Council Tax Benefit Regulations (notional income) for the words “the Contributions and Benefits Act 1992” there shall be substituted the words “the benefit Acts”.
Amendment of regulation 35 of the Council Tax Benefit Regulations
32
1
Regulation 35 of the Council Tax Benefit Regulations (diminishing notional capital rule) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (3) —
a
at the end of sub-paragraph (d) the word “and” shall be omitted; and
b
at the end of the paragraph the word “and” shall be inserted and the following new sub-paragraph shall be added —
f
where the claimant has also claimed a jobseeker’s allowance, the amount of an income-based jobseeker’s allowance to which he would have been entitled in respect of the whole or part of the benefit week to which paragraph (2) refers but for the application of regulation 113 of the Jobseeker’s Allowance Regulations 1996 (notional capital) .
.
3
In paragraph (4) —
a
at the end of sub-paragraph (d) the word “and” shall be omitted; and
b
at the end of the paragraph the word “and” shall be inserted and the following new sub-paragraph shall be added —
f
if the claimant would, but for regulation 113 of the Jobseeker’s Allowance Regulations 1996, have been entitled to an income-based jobseeker’s allowance in respect of the benefit week, within the meaning of regulation 1(3) of those Regulations (interpretation), which includes the last day of the relevant week, the amount to which he would have been entitled and, for the purposes of this sub-paragraph, if the amount is in respect of a part-week, that amount shall be determined by dividing the amount of the income-based jobseeker’s allowance to which he would have been so entitled by the number equal to the number of days in the part-week and multiplying the quotient so obtained by 7.
.
4
In paragraph (8)(b) —
a
for the words “paragraph (4)(d)” there shall be substituted the words “paragraph (4)(d) and (f)”;
b
after the words “income support” there shall be inserted the words “, or, as the case may be, an income-based jobseeker’s allowance,”.
Amendment of regulation 40 of the Council Tax Benefit Regulations
33
In regulation 40(3)(a) of the Council Tax Benefit Regulations (students who are excluded from entitlement to council tax benefit) after the words “income support” there shall be inserted the words “or an income-based jobseeker’s allowance”.
Amendment of regulation 52 of the Council Tax Benefit Regulations
34
In regulation 52(8) of the Council Tax Benefit Regulations (non-dependant deductions) after the words “income support” there shall be added the words “or an income-based jobseeker’s allowance”.
Amendment of regulation 57 of the Council Tax Benefit Regulations
35
In regulation 57(4) of the Council Tax Benefit Regulations (benefit period) after the words “income support” there shall be inserted the words “or an income-based jobseeker’s allowance”.
Amendment of regulation 58 of the Council Tax Benefit Regulations
36
1
Regulation 58 of the Council Tax Benefit Regulations (date on which benefit period is to end) shall be re-numbered paragraph (1) of regulation 58 and shall be further amended in accordance with the following provisions of this regulation.
2
In paragraph (1)(a) —
a
at the beginning there shall be inserted the words “subject to paragraph (2),”; and
b
after the words “income support” there shall be inserted the words “or an income-based jobseeker’s allowance”.
3
In paragraph (1)(b) —
a
after the words “income support” in each place where they occur there shall be inserted the words “or an income-based jobseeker’s allowance”; and
b
for the words “the Contributions and Benefits Act 1992” there shall be substituted the words “the benefit Acts”.
4
At the end of the regulation there shall be added the following paragraph —
2
Sub-paragraph (a) of paragraph (1) shall not apply where —
a
the claimant ceases to be entitled to income support and immediately after that entitlement ceases an entitlement to an income-based jobseeker’s allowance commences for him; or
b
the claimant ceases to be entitled to an income-based jobseeker’s allowance and immediately after that entitlement ceases an entitlement to income support commences for him.
.
Amendment of regulation 59 of the Council Tax Benefit Regulations
37
In regulation 59(1) of the Council Tax Benefit Regulations (date on which change of circumstances is to take effect) for the words “the Contributions and Benefits Act 1992” there shall be substituted the words “the benefit Acts”.
Amendment of regulation 62 of the Council Tax Benefit Regulations
38
1
Regulation 62 of the Council Tax Benefit Regulations (time and manner in which claims are to be made) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (4) in sub-paragraphs (a) and (c) after the words “income support” in each place where they occur there shall be inserted the words “or a jobseeker’s allowance”.
3
In paragraph (5) —
a
for sub-paragraph (a) there shall be substituted the following sub-paragraph —
a
in a case where an award of income support or an income-based jobseeker’s allowance has been made to the claimant or his partner and the claim for council tax benefit is made within 4 weeks of the date on which the claim for that income support or jobseeker’s allowance was received at the appropriate social security office, the first day of entitlement to income support or an income-based jobseeker’s allowance arising from that claim; and for the purposes of this sub-paragraph a person who has an award entitling him to an income-based jobseeker’s allowance shall be treated as also entitled to an income-based jobseeker’s allowance for any days which immediately precede the first day in that award and on which in accordance with paragraph 4 of Schedule 1 to the Jobseekers Act 1995 (waiting days) he would not be entitled to that allowance;
;
b
in sub-paragraph (b) —
i
after the words “claimed income support” there shall be inserted the words “or a jobseeker’s allowance”; and
ii
after the words “entitlement to income support” there shall be inserted the words “or an income-based jobseeker’s allowance”; and
c
in sub-paragraph (c) after the words “income support” there shall be inserted the words “or an income-based jobseeker’s allowance”.
4
In paragraph (15)(a) after the words “income support” there shall be inserted the words “or an income-based jobseeker’s allowance”.
Amendment of regulation 65 of the Council Tax Benefit Regulations
39
In regulation 65(2)(d) and (4) of the Council Tax Benefit Regulations (duty to notify changes of circumstances) after the words “income support” in each place where they occur there shall be inserted the words “or an income-based jobseeker’s allowance”.
Amendment of regulation 66 of the Council Tax Benefit Regulations
40
In regulation 66(4)(a) of the Council Tax Benefit Regulations (who is to make a determination) after the words “income support” there shall be inserted the words “or an income-based jobseeker’s allowance”.
Amendment of regulation 80 of the Council Tax Benefit Regulations
41
In regulation 80(2A) of the Council Tax Benefit Regulations (withholding of benefit) after the words “income support” in the first place where they occur there shall be inserted the words “or an income-based jobseeker’s allowance” and in the second place where they occur there shall be inserted the words “or income-based jobseeker’s allowance.”.
Amendment of regulation 91 of the Council Tax Benefit Regulations
42
In regulation 91 of the Council Tax Benefit Regulations (recovery of excess benefit from prescribed benefits) in paragraph (1) at the end there shall be added the following sub-paragraph —
c
a jobseeker’s allowance.
.
Amendment of regulation 92 of the Council Tax Benefit Regulations
43
In paragraph (1) of regulation 92 of the Council Tax Benefit Regulations (information to be supplied by the Secretary of State to an appropriate authority) —
a
in sub-paragraphs (a) and (h) to (j), after the words “income support” in each place where they occur there shall be inserted the words “or on an income-based jobseeker’s allowance”;
b
in sub-paragraphs (e) to (g), (l) and (m), after the words “income support” in each place where they occur there shall be inserted the words “or an income-based jobseeker’s allowance”;
c
in sub-paragraphs (b), (c) and (d) after the words “income support” in each place where they occur there shall be inserted the words “or a jobseeker’s allowance” and the words “under Part VII of the Contributions and Benefits Act 1992” shall be omitted;
d
after sub-paragraph (s) there shall be added the following sub-paragraphs —
t
in the case of a person entitled to an income-based jobseeker’s allowance, details of any days falling immediately before that entitlement to which paragraph 4 of Schedule 1 to the Jobseekers Act 1995 (waiting days) applies;
u
in the case of a person on whom a sanction is imposed under section 19 of the Jobseekers Act 1995, details of any period covered by the sanction in which an income-based jobseeker’s allowance would be payable to him but for the sanction.
.
Amendment of regulation 93 of the Council Tax Benefit Regulations
44
1
Regulation 93(1) of the Council Tax Benefit Regulations (information to be supplied by an appropriate authority to the Secretary of State) shall be amended in accordance with the following provisions of this regulation.
2
For the words “the Contributions and Benefits Act 1992” in each place where they occur there shall be substituted the words “the benefit Acts”.
3
In sub-paragraph (c) for the words “that Act” in each place where they occur there shall be substituted the words “those Acts”.
Amendment of Schedule 2 to the Council Tax Benefit Regulations
45
In column (1) of the Table in paragraph 1 of Schedule 2 to the Council Tax Benefit Regulations —
a
in sub-paragraph (a), after the words “income support” there shall be inserted the words “or are persons on an income-based jobseeker’s allowance,”; and
b
in sub-paragraph (b), after the words “income support” there shall be inserted the words “or an income-based jobseeker’s allowance”.
Amendment of Schedule 3 to the Council Tax Benefit Regulations
46
In paragraph 10 of Schedule 3 to the Council Tax Benefit Regulations (sums to be disregarded in the calculation of earnings) after the words “income support” there shall be inserted the words “or an income-based jobseeker’s allowance”.
Amendment of Schedule 4 to the Council Tax Benefit Regulations
47
1
Schedule 4 to the Council Tax Benefit Regulations (sums to be disregarded in the calculation of income other than earnings) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph 4 after the words “income support” there shall be inserted the words “or an income-based jobseeker’s allowance”.
3
In paragraph 6 at the end there shall be added the following sub-paragraph —
d
an income-based jobseeker’s allowance.
.
4
In paragraph 40 for the words “the Contributions and Benefits Act 1992” there shall be substituted the words “the benefit Acts”.
5
Paragraph 51 shall be re-numbered sub-paragraph (1) of paragraph 51, and after sub-paragraph (1) there shall be added the following sub-paragraph —
2
For the purposes of sub-paragraph (1), an addition to a contribution-based jobseeker’s allowance under regulation 9(4) of the Jobseeker’s Allowance (Transitional Provisions) Regulations 1995 shall be treated as an increase of a benefit under the Contributions and Benefits Act 1992 arising under Part IV of that Act.
.
Amendment of Schedule 5 to the Council Tax Benefit Regulations
48
1
Schedule 5 to the Council Tax Benefit Regulations (capital to be disregarded) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph 5 after the words “income support” there shall be inserted the words “or an income-based jobseeker’s allowance”.
3
In paragraph 8 after sub-paragraph (c) there shall be inserted the following sub-paragraph —
d
an income-based jobseeker’s allowance,
.
4
At the end of the Schedule there shall be added the following paragraph —
49
Any back to work bonus payable by way of a jobseeker’s allowance or income support in accordance with section 26 of the Jobseekers Act 1995, or a corresponding payment under article 28 of the Jobseekers (Northern Ireland) Order 1995 , but only for a period of 52 weeks from the date the payment is received.
.
Amendment of Schedule 5A to the Council Tax Benefit Regulations
49
1
Schedule 5A to the Council Tax Benefit Regulations (extended payments of council tax benefit) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph 2 —
a
in sub-paragraph (a) after the words “income support” there shall be inserted the words “or an income-based jobseeker’s allowance”;
b
in sub-paragraph (c) after the words “entitlement to income support” there shall be inserted the words “or an income-based jobseeker’s allowance”;
c
in sub-paragraph (d) after the words “income support” there shall be inserted the words “or an income-based jobseeker’s allowance”; and
d
for sub-paragraph (e) there shall be substituted the following sub-paragraph —
e
that the claimant had been entitled to and in receipt of income support or a jobseeker’s allowance for a continuous period of at least 26 weeks until the relevant day in any of, or any combination of, the circumstances set out at sub-paragraph (c), and for the purpose of this sub-paragraph —
i
any period of entitlement to and receipt of unemployment benefit shall be taken to be entitlement to and receipt of income support; and
ii
for the avoidance of doubt a claimant satisfies the conditions of this sub-paragraph if he has been entitled to and in receipt of income support for at least 26 weeks, or a jobseeker’s allowance for at least 26 weeks, or a combination of income support and a jobseeker’s allowance for at least 26 weeks.
.
3
In paragraph 3 —
a
in sub-paragraph (2)(c) after the words “income support” there shall be inserted the words “or an income-based jobseeker’s allowance”; and
b
in sub-paragraph (3)(a) at the beginning there shall be inserted the words “where the Secretary of State certifies under paragraph 2(a) that the claimant was entitled to and was in receipt of income support,”.
4
In paragraph 8 in the definition of “relevant day” after the words “income support” there shall be inserted the words “or an income-based jobseeker’s allowance”.
Amendment of Schedule 6 to the Council Tax Benefit Regulations
50
1
In the provisions of Schedule 6 to the Council Tax Benefit Regulations (matters to be included in the notice of determination) listed in paragraph (2), after the words “income support” in each place where they occur there shall be inserted the words “or an income-based jobseeker’s allowance”.
2
The provisions referred to in paragraph (1) are —
a
paragraph 9;
b
paragraph 10;
c
paragraph 12(a)(ii);
d
paragraph 13(f).
Amendment of regulation 1 of the Supply of Information Regulations
51
1
Regulation 1(2) of the Supply of Information Regulations (citation, commencement and interpretation) shall be amended in accordance with the following provisions of this regulation.
2
In the definition of “appropriate DSS office” for the words “unemployment benefit” there shall be substituted the words “a jobseeker’s allowance”.
3
After the definition of “benefit” there shall be inserted the following definition —
“the benefit Acts” means the Social Security Contributions and Benefits Act 1992 and the Jobseekers Act 1995 ;
.
4
After the definition of “the Housing Benefit Regulations”, there shall be inserted the following definition —
“an income-based jobseeker’s allowance” has the same meaning in these Regulations as it has in the Jobseekers Act 1995 by virtue of section 1(4) of that Act;
.
Amendment of regulation 2 of the Supply of Information Regulations
52
1
Regulation 2 of the Supply of Information Regulations (information to be supplied by the Secretary of State to an authority) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1) —
a
in sub-paragraphs (a), (b) and (c) after the words “income support” in each place where they occur there shall be inserted the words “or a jobseeker’s allowance”;
b
in sub-paragraphs (d) to (f), (l) and (m), after the words “income support” in each place where they occur there shall be inserted the words “or an income-based jobseeker’s allowance”;
c
in sub-paragraphs (g) to (j), after the words “income support” in each place where they occur there shall be inserted the words “or is a person on an income-based jobseeker’s allowance”;
d
after sub-paragraph (s) there shall be added the following sub-paragraphs —
t
in the case of a claimant entitled to an income-based jobseeker’s allowance, details of any days falling immediately before that entitlement to which paragraph 4 of Schedule 1 to the Jobseekers Act 1995 (waiting days) applies;
u
in the case of a claimant on whom a sanction is imposed under section 19 of the Jobseekers Act 1995, details of any period covered by the sanction in which an income-based jobseeker’s allowance would be payable to him but for the sanction.
.
3
In paragraph (2) after the words “income support” there shall be inserted the words “or an income-based jobseeker’s allowance”.
4
After paragraph (2), there shall be inserted the following paragraph —
3
For the purposes of this regulation, a person is on an income-based jobseeker’s allowance on any day in respect of which an income-based jobseeker’s allowance is payable to him and on any day —
a
in respect of which he satisfies the conditions for entitlement to an income-based jobseeker’s allowance but where the allowance is not paid in accordance with section 19 of the Jobseekers Act 1995 (circumstances in which a jobseeker’s allowance is not payable); or
b
which is a waiting day for the purposes of paragraph 4 of Schedule 1 to that Act and which falls immediately before a day in respect of which an income-based jobseeker’s allowance is payable to him or would be payable to him but for section 19 of that Act.
.
Signed by authority of the Secretary of State for Social Security.
Roger Evans
Parliamentary Under-Secretary of State,
Department of Social Security
10th June 1996


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Special Parking Area) (Royal Borough of Kingston upon Thames) Order 1996 and shall come into force on 1st January 1996.
Revocation
2
The Orders specified in Schedule 1 to this Order are hereby revoked.
Interpretation
3
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991;
“the special parking area” means the area designated as a special parking area by article 4 of this Order;
a reference in Schedule 2 to this Order to a number followed by the letter “m” is a reference to that number of metres; and
where a road referred to in Schedule 2 to this Order (“the main road”) is joined by another road (“the side road”), whether or not that other road is referred to in that Schedule, and the footway to the main road runs on either side of the mouth of the side road, the junction between the two roads shall be taken to be an imaginary line drawn across the mouth of the side road between the respective ends of the back line of the footway to the main road on each side.
Designation of special parking area
4
The Secretary of State hereby designates as a special parking area the Royal borough of Kingston upon Thames except —
a
the roads named or described in Schedule 2 to this Order; and
b
so much of Richmond Park as lies within the Royal borough of Kingston upon Thames.
Modification of the Road Traffic Regulation Act 1984
5
1
Section 55 of the 1984 Act (financial provisions relating to designation orders) shall have effect in relation to the Royal borough of Kingston upon Thames as if —
a
at the end of subsection (1) there were inserted the words “and of the income from additional parking charges (within the meaning of section 74(8) of the Road Traffic Act 1991) received by them in respect of vehicles found within the special parking area and the expenditure incurred by them in the discharge of functions exercisable by them in relation to the special parking area by virtue of Part II of the Road Traffic Act 1991”; and
b
after subsection (1) there were inserted the following subsection —
1A
In subsection (1) above, references to “the special parking area” are to the area designated as a special parking area by the Road Traffic (Special Parking Area) (Royal Borough of Kingston upon Thames) Order 1996.
2
Section 102(2) of the 1984 Act (charges for removal, storage and disposal of vehicles) shall have effect in relation to a vehicle found in the special parking area as if, in paragraph (d), for the words “a parking place” to the end there were substituted —
i
a parking place designated under section 6, 9 or 45 of this Act or otherwise provided or controlled by that authority, or
ii
a place where the vehicle was stationary in circumstances in which an offence would have been committed in respect of the vehicle but for section 76(3) of the Road Traffic Act 1991,
as they may require.
Modification of the Road Traffic Act 1991
6
1
Section 70 of the 1991 Act (exemptions from provisions relating to the immobilisation of vehicles in parking places) shall have effect in relation to a vehicle found in the special parking area as if, in subsections (1) and (2), after the words “section 69(1)” there were inserted the words “or section 77(4)”.
2
Section 71 of the 1991 Act (representations in relation to removal or immobilisation of vehicles) shall have effect in relation to a vehicle found in the special parking area as if, for subsection (4), there were substituted the following subsection —
4
The grounds are —
a
that there were no reasonable grounds for the parking attendant concerned to believe that either —
i
the vehicle has been permitted to remain at rest in the parking place in circumstances specified in section 66(2)(a), (b) or (c) of this Act, or
ii
the vehicle had been permitted to remain at rest in a special parking area (other than in a designated parking place) in circumstances in which an offence would have been committed in respect of the vehicle but for section 76(3) of this Act;
b
that the vehicle had been permitted to remain at rest in the place in question by a person who was in control of the vehicle without the consent of the owner;
c
that the place at which the vehicle was at rest was neither a designated parking place nor in a special parking area;
d
in a case within subsection (1)(d) above, that, by virtue of an exemption given by section 70 of this Act, neither section 69 nor 77(4) of this Act applied to the vehicle at the time in question; or
e
that the penalty or other charge in question exceeded the amount applicable in the circumstances of the case.
3
Section 74(8) of the 1991 Act (fixing of certain parking and other charges for London) shall have effect in relation to the Royal borough of Kingston upon Thames as if, after the words “section 69”, there were inserted the words “or section 77(4)”.
4
Section 79(2) of the 1991 Act (application to Crown and visiting forces) shall have effect in relation to a vehicle found in the special parking area as if, for “66 and 69 to 71”, there were substituted “66, 69 to 71, 76 and 77”.
5
Schedule 6 to the 1991 Act (parking penalties) shall have effect in relation to a vehicle found in the special parking area as if —
a
in sub-paragraph (c) of paragraph 2(4), for the words “the parking place” there were substituted the words “the place in question”, and
b
in sub-paragraph (d) of paragraph 2(4), the word “designation” were omitted.
Signed by authority of the Secretary of State for Transport
John Bowis
Parliamentary Under Secretary of State,
Department of Transport
3rd December 1996


text:
Citation and interpretation
1
1
This Order may be cited as the Nursery Education and Grant-Maintained Schools Act 1996 (Commencement No. 2) Order 1996.
2
In this Order “ the Act ” means the Nursery Education and Grant-Maintained Schools Act 1996.
Commencement of provisions
2
Section 5 of the Act shall come into force, so far as not in force, on the relevant dates relating to the provisions of Schedule 1 brought into force by this Order.
3
Paragraph 6(1)(a) of Schedule 1 to the Act shall come into force on 10th December 1996 for the purpose of empowering the making of regulations under that provision and on 1st January 1997 for all other purposes.
4
Paragraph 6(5) of Schedule 1 to the Act shall come into force on 10th December 1996.
5
The following paragraphs of Schedule 1 to the Act shall come into force on 1st January 1997:
6(2) and (3) insofar as it is not in force,
8(2) insofar as it is not in force,
16.
6
Paragraph 14 (insofar as it is not in force) shall come into force on 1st April 1997.
Signed by authority of the Secretary of State
Robin Squire
Parliamentary Under Secretary of State,
Department for Education and Employment
10th December 1996


text:
Title and commencement
1
This Order may be cited as the Marketing Development (Limitation) Scheme 1996 and shall come into force on 5th November 1996.
Limitation on previous Scheme
2
Applications for the payment of a grant under the Marketing Development Scheme 1994 , received on or after 5th November 1996 from applicants whose principal place of business, as respects the grant for which they would have been eligible, is in England, shall not be accepted.
Angela Browning
Ministry of Agriculture, Fisheries and Food
14th October 1996
Lindsay
Parliamentary Under Secretary of State,
Scottish Office
12th October 1996
Signed by authority of the Secretary of State for Wales
Jonathan Evans
Parliamentary Under Secretary of State,
Welsh Office
14th October 1996
We approve,
Michael Bates Roger Knapman
Two of the Lords Commissioners of Her Majesty’s Treasury
14th October 1996


text:
1
This Order may be cited as the Carriage by Air (Sterling Equivalents) Order 1996 and shall come into force on 29th February 1996.
2
The Carriage by Air (Sterling Equivalents) Order 1986 is hereby revoked.
3
The amounts shown in column 2 of the following Table are hereby specified as amounts to be taken, for the purposes of article 22 in the First Schedule to the Carriage by Air Act 1961 and that article as applied by article 5 of the Carriage by Air Acts (Application of Provisions) Order 1967 as equivalent to the sums respectively expressed in francs in column 1 of that Table:
TABLE
Column 1 Column 2 Amount in francs Sterling equivalent
250 15.89 5,000 317.71 125,000 7,942.79 250,000 15,885.58
Signed by authority of the Secretary of State for Transport
Goschen
Parliamentary Under Secretary of State,
Department of Transport
6th February 1996


text:
Citation
1
This Order may be cited as the Pensions Act 1995 (Commencement No. 6: S.I. 1996/1853 : C.38) (Amendment) Order 1996.
Amendment of S.I. 1996/1853
2
In article 1 of the Pensions Act 1995 (Commencement No. 6) Order 1996 made 15th July 1996 and registered as S.I. 1996/1853 (C.38) , for “No. 6”substitute “No. 7”.
Signed by authority of the Secretary of State for Social Security.
Mackay of Ardbrecknish
Minister of State,
Department of Social Security
16th August 1996


text:
Title and commencement
1
This Order, which amongst other provisions implements Council Directive 92/102/ EEC on the identification and registration of animals so far as that directive relates to sheep and goats, may be cited as the Sheep and Goats (Records, Identification and Movement) Order 1996 and shall come into force —
a
for the purposes of all articles other than articles 3, 4, 6, 7, 8, 9, 10 and 13 on 1st February 1996; and
b
for the purposes of articles 3, 4, 6, 7, 8, 9, 10 and 13 on 1st March 1996.
Interpretation
2
1
In this Order —
“holding” means any establishment, construction or, in the case of an open air farm, any place in which animals are held, kept or handled, but does not include a border inspection post specified for the purposes of importing live animals from outside the European Union;
“identification mark” means the identification mark applied to an animal in accordance with this Order;
“keeper” means any natural or legal person having care and control of animals, even on a temporary basis.
2
Any reference in this Order to a Community instrument is a reference to that instrument as amended at the time of coming into force of this Order.
Notification of holdings where sheep or goats are kept
3
1
Within three months of the coming into force of this article, or within three months of beginning to keep either sheep or goats on a holding, it shall be the duty of any person keeping sheep or goats on a holding to notify the appropriate authority in writing of —
a
the address of the holding;
b
the name and address of the occupier of the holding; and
c
the species of animals (including species other than sheep or goats) which are usually kept on the holding.
2
A person keeping sheep or goats shall give written notification to the appropriate authority of any change in the particulars specified in paragraph (1) above within one month of such change.
3
On receiving notification under this article, the appropriate authority shall allocate to the keeper of the sheep or goats a flockmark in the case of sheep, or a herdmark in the case of goats.
4
In this article “appropriate authority” means, in relation to England and Wales the Minister of Agriculture, Fisheries and Food and in Scotland the Secretary of State.
Records concerning sheep
4
1
Any person keeping sheep on a holding shall record, on or before 31st January in each year, the number of sheep on that holding on 1st January of that year.
2
Within 36 hours of sheep being deliberately moved on or off a holding, the keeper of such sheep shall record —
a
the date of movement;
b
the identification mark (or, in the case of a person receiving sheep directly from a market, or a person keeping a record at a market, the lot number allocated at the market) of each of the sheep moved;
c
the total number of sheep moved;
d
the holding of birth of each of the sheep (if known); and
e
either —
i
the holding from which the sheep have been brought, if they are moved on to the holding, or
ii
the holding to which the sheep are moved if they are moved off the holding.
3
In the case of sheep being sold without being moved on or off a holding, the vendor shall record, within 36 hours of the sale —
a
the date of sale;
b
the number of animals sold;
c
the name and address of the purchaser; and
d
the identification mark of each of the sheep.
4
All records under this article shall be retained by the person making the record for a period of three years.
Additional records for specified sheepmeat producers
5
1
In addition to the records required under the preceding article, a keeper who is a sheepmeat producer for the purposes of Council Regulation 3493/90/EEC (laying down general rules for the grant of premium to sheepmeat and goatmeat producers)) shall keep the records specified in this article.
2
On or before 14th February 1996, the keeper shall record the total number of female sheep on the holding on 1st February 1996 which either were over 12 months old or had given birth, and the date the entry was made.
3
On or before 31st January 1997, and on or before 31st January in each subsequent year, the keeper shall record the total number of female sheep on the holding on 1st January of that year which either were over 12 months old or had given birth, and the date the entry was made.
4
Within fourteen days of any of the following events —
a
the deliberate movement on or off the holding of female sheep which were either over 12 months old or which had given birth;
b
a female sheep which has not given birth reaching the age of 12 months;
c
a female sheep under 12 months old giving birth;
d
the discovery that a female sheep which was either over 12 months old or which had given birth has been lost from the holding, either because it has died or because it is missing from the holding,
the keeper shall record the total number of female sheep on the holding which have given birth or which are over 12 months old, the date of the entry and the reasons that the total number of such sheep on the holding has changed.
5
All records under this article shall be retained by the person making the record for a period of four years.
Records concerning goats
6
1
Any person keeping goats on a holding shall record, on or before 31st January each year, the number of goats on that holding on 1st January of that year.
2
Within 36 hours of goats being deliberately moved on or off a holding, the keeper shall record —
a
the date of movement;
b
the identification mark (or, in the case of a person receiving goats directly from a market, or a person keeping a record at a market, the lot number allocated at the market) of each of the goats moved;
c
the total number of goats moved;
d
the holding of birth (if known); and
e
either —
i
the holding from which the goats have been brought, if they are moved on to the holding, or
ii
the holding to which the goats are moved if they are moved off the holding.
3
In the case of goats being sold without being moved on or off a holding, the vendor shall record, within 36 hours of the sale —
a
the date of sale;
b
the number of animals sold;
c
the name and address of the purchaser; and
d
the identification mark of each of the goats.
4
All records under this article shall be retained by the person making the record for a period of three years.
Consignment of sheep and goats outside Great Britain
7
No person shall consign any sheep or goat for transport outside Great Britain unless it is marked with an eartag or tattoo which —
a
is designed so as to be legible for the life of the animal; and
b
shows, in the following order —
i
the letters “ UK ”;
ii
the flockmark or herdmark of the consignor;
iii
in the case of an eartag only, either the letter “G”, the letter “P”or the letter “S”;
iv
the individual identification number of the animal as shown by the health certificate accompanying the animal in accordance with article 9 and Annex E of Council Directive 91/68/EEC (on animal health conditions governing intra-Community trade in ovine and caprine animals) , unless the animal already has an eartag or tattoo consisting of the flockmark or herdmark of a previous keeper, an individual identification number and the letters “UK”, in which case no further such eartag or tattoo may be applied.
Importation of sheep and goats into Great Britain
8
1
If a sheep or goat is imported from another member State into Great Britain, and when it was imported it was not marked in accordance with Council Directive 91/68/EEC and Council Directive 92/102/EEC , it shall be marked by the keeper at the holding of destination, within 36 hours of arrival on that holding, with an eartag or tattoo which —
a
is designed so as to be legible for the life of the animal, and
b
comprises the flockmark or herdmark of the keeper at the holding of destination and the letters “UK”.
2
If a sheep or goat is imported from Northern Ireland, the Isle of Man or the Channel Islands into Great Britain, and when it was imported it was not marked with an eartag or tattoo showing the letters “UK”and the flockmark or herdmark of a holding in Northern Ireland, the Isle of Man or the Channel Islands, it shall be marked by the keeper at the holding of destination, within 36 hours of arrival on that holding, with an eartag or tattoo which —
a
is designed so as to be legible for the life of the animal; and
b
shows, in the following order —
i
the letters “UK”;
ii
the flockmark or herdmark of the keeper at the holding of destination;
iii
in the case of an eartag only, either the letter “G”, the letter “P”or the letter “S”;
iv
a number identifying the animal individually.
3
If a sheep or goat is imported into Great Britain from outside the European Union the animal may be moved from the border inspection post where it was imported to the stated holding of destination without being marked, but within 30 days of the date of its importation (unless it is slaughtered without being moved from the holding of destination within that time), or before it is moved from the holding of destination if earlier, it shall be marked on that holding with an eartag or tattoo in the same way as is specified in the preceding paragraph.
Documentation requirements for the movement of sheep and goats within Great Britain
9
1
Any person moving sheep or goats from a holding in Great Britain shall ensure that the animals are accompanied by a document which —
a
identifies the holding of departure and the holding to which they are being moved;
b
gives the date of movement and the total number of animals being moved;
c
gives the identification mark on the animals being moved (or, in the case of an animal being moved from a market, the lot number); and
d
is signed by the owner of the animals or his agent
and the person moving the animals shall ensure that the document is handed to the occupier of the holding of destination.
2
The occupier of the holding of destination shall retain the document for a period of six months after receipt.
3
The requirement in this article shall not apply in the case of —
a
movement between holdings where both holdings are occupied by the same person;
b
movement between a holding and any land over which a right of pasture pertaining to that holding may be exercised in common with similar rights pertaining to other holdings;
c
movement of an animal which is marked with an eartag or tattoo applied in accordance with this Order or in another member State in accordance with Council Directive 92/102/EEC and which is being moved to a holding which is not a market or collection centre; or
d
movement for the purposes of veterinary treatment, dipping or shearing, or to a show if the animals are due to return to the same holding.
Marking requirements for the movement of sheep and goats within Great Britain
10
1
Any person moving sheep or goats from a holding in Great Britain shall ensure that the animals are marked before being moved from the holding in accordance with this article.
2
In the case of an animal born in Great Britain it shall be marked either —
a
in accordance with the requirements for consigning the animal for transport outside Great Britain, or
b
with a mark which will last at least until the animal reaches its destination.
3
In the case of an animal imported into Great Britain, it shall be marked before it is moved from a holding either with the eartag or tattoo with which it was marked when it was imported, or, if there was no such eartag or tattoo, with the eartag or tattoo used to mark it in accordance with article 8 above.
4
This article shall not apply in the case of animals moved for the purposes of veterinary treatment, dipping or shearing or to a show which are due to return to the same holding.
Removal of identification marks
11
Except under the authority of a veterinary inspector, no person shall —
a
remove from an animal an identification mark which has been applied or attached under this Order other than a mark applied under article 10(2)(b) above; or
b
replace an identification mark applied or attached to an animal in accordance with those provisions otherwise than in replacement of one which has become illegible or which has been lost.
Construction of ear tags
12
No person shall attach an eartag to an animal for the purposes of marking it in compliance with this Order unless the eartag is constructed in such a way that —
a
it does not interfere with the well-being of the animal;
b
any alteration to it can be readily detected; and
c
it cannot be re-used.
Production of records and documents
13
Any person who is in charge of any record or document required to be kept under this Order shall produce it to an inspector on demand (or, if it is kept in electronic form, produce a printout of it) and allow a copy to be made.
Enforcement
14
Except where otherwise expressly provided, the provisions of this Order (other than article 5, which shall be enforced by the appropriate Minister) shall be executed and enforced by the local authority.
Amendment to the Movement of Animals (Records) Order 1960
15
The Movement of Animals (Records) Order 1960 is hereby amended by inserting after article 2 the following provision —
Exception
2A
On and after 1st March 1996 this Order shall not apply in relation to sheep or goats.
.
Angela Browning
Parliamentary Secretary Ministry of Agriculture, Fisheries and Food
9th January 1996
Lindsay
Parliamentary Under Secretary of State Scottish Office
9th January 1996
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under-Secretary of State Welsh Office
10th January 1996


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


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Adjudication) and Child Support Amendment Regulations 1996 and shall come into force on 28th February 1996.
Amendment of the Social Security (Adjudication) Regulations 1995
2
1
The Social Security (Adjudication) Regulations 1995 are amended in accordance with the following provisions of this regulation.
2
In regulation 3 —
a
in paragraph (3), for the words “for special reasons” there are substituted the words “in the case of an application or reference, for special reasons, and in the case of an appeal, provided the conditions set out in paragraphs (3A) to (3E) are satisfied”.
b
after paragraph (3) there are inserted the following paragraphs —
3A
Where the time specified for the making of an appeal has already expired, an application for an extension of time for making an appeal shall not be granted unless the applicant has satisfied the person considering the application that —
a
if the application is granted there are reasonable prospects that such an appeal will be successful; and
b
it is in the interests of justice that the application be granted.
3B
For the purposes of paragraph (3A) it shall not be considered to be in the interests of justice to grant an application unless the person considering the application is satisfied that —
a
special reasons exist, which are wholly exceptional and which relate to the history or facts of the case; and
b
such special reasons have existed throughout the period beginning with the day following the expiration of the time specified by Schedule 2 for the making of an appeal and ending with the day on which the application for an extension of time is made; and
c
such special reasons manifestly constitute a reasonable excuse of compelling weight for the applicant’s failure to make an appeal within the time specified.
3C
In determining whether there are special reasons for granting an application for an extension of time for making an appeal under paragraph (3) the person considering the application shall have regard to the principle that the greater the amount of time that has elapsed between the expiration of the time specified for the making of the appeal and the making of the application for an extension of time, the more cogent should be the special reasons on which the application is based.
3D
In determining whether facts constitute special reasons for granting an application for an extension of time for making an appeal under paragraph (3) no account shall be taken of the following —
a
that the applicant or anyone acting for him or advising him was unaware of or misunderstood the law applicable to his case (including ignorance or misunderstanding of any time limits imposed by Schedule 2);
b
that a Commissioner or a court has taken a different view of the law from that previously understood and applied.
3E
Notwithstanding paragraph (3), no appeal may in any event be brought later than 6 years after the beginning of the period specified in column (3) of Schedule 2.
;
c
for paragraph (5) there is substituted the following paragraph —
5
Any application, appeal or reference under these Regulations shall contain particulars of the grounds on which it is made or given and —
a
in the case of an appeal, shall include sufficient particulars of the decision under appeal to enable that decision to be identified; and
b
in the case of an application under paragraph (3) for an extension of time in which to appeal, shall state the grounds on which it is proposed to bring the appeal.
;
d
after paragraph (7) there are added the following paragraphs —
8
In the case of an application under paragraph (3) for an extension of time for making an appeal, the person who determines that application shall record his decision in writing together with a statement of the reasons for the decision.
9
As soon as practicable after the decision has been made it shall be communicated to the applicant and to every other party to the proceedings and if within 3 months of such communication being sent the applicant or any other party to the proceedings so requests in writing, a copy of the record referred to in paragraph (8) shall be supplied to him.
.
3
In regulation 23, after paragraph (3) there is added the following paragraph —
4
A record of the proceedings at the hearing shall be made by the chairman in such medium as he may direct and preserved by the clerk to the tribunal for 18 months, and a copy of such record (which may take the form of a transcript or tape) shall be supplied to the parties if requested by any of them within that period.
.
4
In regulation 29, after paragraph (6) there is added the following paragraph —
7
A record of the proceedings at the hearing shall be made by the chairman in such medium as he may direct and preserved by the clerk to the tribunal for 18 months, and a copy of such record (which may take the form of a transcript or a tape) shall be supplied to the parties if requested by any of them within that period.
.
5
In regulation 38, after paragraph (5) there is added the following paragraph —
6
A record of the proceedings at the hearing shall be made by the chairman in such medium as he may direct and preserved by the clerk to the tribunal for 18 months, and a copy of such record (which may take the form of a transcript or a tape) shall be supplied to the parties if requested by any of them within that period.
.
Amendment of the Child Support Appeal Tribunals (Procedure) Regulations 1992
3
In regulation 13 of the Child Support Appeal Tribunals (Procedure) Regulations 1992 , after paragraph (3) there shall be added the following paragraph —
3A
A record of the proceedings at the hearing shall be made by the chairman in such medium as he may direct and preserved by the clerk to the tribunal for 18 months, and a copy of such record (which may take the form of a transcript or a tape) shall be supplied to the parties if requested by any of them within that period.
.
Signed by authority of the Secretary of State for Social Security.
Roger Evans
Parliamentary Under-Secretary of State,
Department of Social Security
31st January 1996


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


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


text:
Commencement and citation
1
This Order may be cited as The A205 Trunk Road (Wandsworth and Richmond) Red Route Experimental Traffic Order 1996, and shall come into force on 5th January 1997.
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 1st 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 31st 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.
Power to modify or suspend this Order
10
If it appears to the Traffic Director for London, or some person authorised by him, essential in the interests of the expeditious, convenient and safe movement of traffic, or of the provision of suitable and adequate parking facilities on the highway, or for preserving or improving the amenities of the area through which any road affected by this Order runs, and after consulting with the Commissioner of Police of the Metropolis, he may modify or suspend any provision of this Order, save that no modification shall make an addition.
Suspensions of existing Orders
11
1
Subject to paragraph (2) of this article, the Wandsworth (Waiting and Loading Restriction) Order 1976 is hereby suspended, in so far as its provisions relate to any part of the trunk road red route.
2
The suspension specified in paragraph (1) of this article shall take effect in respect of any provision contained in the Wandsworth (Waiting and Loading Restriction) Order 1976 only from the time at which the traffic sign indicating the effect of that provision has been obliterated.
TRO 226
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
20th December 1996


text:
1
These Regulations may be cited as the Housing (Change of Landlord) (Payment of Disposal Cost by Instalments) (Amendment No. 2) Regulations 1996 and shall come into force on 7th June 1996.
2
In regulation 3(3) of the Housing (Change of Landlord) (Payment of Disposal Cost by Instalments) Regulations 1990 (payment by instalments) for “7.48 per cent.” substitute “7.17 per cent.”.
3
The Housing (Change of Landlord) (Payment of Disposal Cost by Instalments) (Amendment) Regulations 1996 are revoked.
4
Regulations 2 and 3 do not apply in respect of any period before the date these Regulations come into force (notwithstanding that interest included in the amount of an instalment is paid on or after that date).
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,
Department of the Environment
3rd May 1996
William Hague
Secretary of State for Wales
10th May 1996


text:
Citation and commencement
1
This Order may be cited as the University College London Hospitals National Health Service Trust Dissolution Order 1996 and shall come into force on 1st April 1996.
Dissolution of NHS trust
2
The University College London Hospitals National Health Service Trust established by the University College London Hospitals National Health Service Trust (Establishment) Order 1994 is hereby dissolved, and accordingly that Order is hereby revoked.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State
Department of Health
18th March 1996


text:
Citation and commencement
1
These Regulations may be cited as the Food Safety (Fishery Products and Live Bivalve Molluscs and Other Shellfish) (Miscellaneous Amendments) Regulations 1996 and shall come into force on 8th July 1996.
Amendment of the Food Safety (Fishery Products) Regulations 1992
2
The Food Safety (Fishery Products) Regulations 1992 shall be amended as specified in Schedule 1 to these Regulations.
Amendment of the Food Safety (Fishery Products on Fishing Vessels) Regulations 1992
3
In paragraph (1) of regulation 2 of the Food Safety (Fishery Products on Fishing Vessels) Regulations 1992 (interpretation) for the definition of “fishery products” there shall be substituted the following definition —
“fishery products” has the same meaning as in the Food Safety (Fishery Products) Regulations 1992;
.
Amendment of the Food Safety (Live Bivalve Molluscs and Other Shellfish) (Import Conditions and Miscellaneous Amendments) Regulations 1994
4
The Food Safety (Live Bivalve Molluscs and Other Shellfish) (Import Conditions and Miscellaneous Amendments) Regulations 1994 shall be amended as specified in Schedule 2 to these Regulations.
Amendment of the Food Safety (Fishery Products) (Import Conditions and Miscellaneous Amendments) Regulations 1994
5
The Food Safety (Fishery Products) (Import Conditions and Miscellaneous Amendments) Regulations 1994 shall be amended as specified in Schedule 3 to these Regulations.
Revocations
6
The Regulations specified in column (l) of Schedule 4 to these Regulations are hereby revoked to the extent specified in column (3) of that Schedule.
Tony Baldry
Minister of State, Ministry of Agriculture, Fisheries and Food
13th June 1996
Signed by authority of the Secretary of State for Health
Cumberlege
Parliamentary Under Secretary of State,
Department of Health
6th June 1996
Signed by authority of the Secretary of State for Wales
Jonathan Evans
Parliamentary Under Secretary of State, Welsh Office
6th June 1996
George Kynoch
Parliamentary Under Secretary of State, Scottish Office
6th June 1996


text:
Citation and commencement
1
This Order may be cited as the Local Authorities (Goods and Services) (Public Bodies) (Trunk Roads) (No. 2) Order 1996 and shall come into force on 7th August 1996.
Interpretation
2
In this Order, unless the context otherwise requires:
“the 1980 Act ” means the Highways Act 1980 ;
“trunk road” has the meaning given in section 329(1) of the 1980 Act;
“trunk road connected land” means any land which does not form part of a trunk road but which has been acquired by the Secretary of State for Transport or the Secretary of State for Wales in connection with a trunk road under section 239(2) or (4) or section 246 of the 1980 Act;
“unitary district” means a district (other than a metropolitan district) where the district council is the sole principal council for that local government area;
“unitary district council” means a district council (other than a metropolitan district council) which is the sole principal council for its local government area.
Designation of public bodies
3
A person specified below, appearing to the Secretary of State for Transport and the Secretary of State for Wales to be exercising functions of a public nature, shall be a public body for the purposes of the Local Authorities (Goods and Services) Act 1970 in its application to England and Wales —
The Secretary of State for Transport,
The Secretary of State for Wales.
Restrictions on agreements which may be entered into by the Secretary of State for Transport and the Secretary of State for Wales
4
The Secretary of State for Transport and the Secretary of State for Wales may only enter into an agreement with a local authority by virtue of this Order if it is a local highway authority (minister) (No. 2) agreement within the meaning of article 5 below.
Local highway authority (minister) (No. 2) agreement
5
An agreement is a local highway authority (minister) (No. 2) agreement if it is an agreement to which each of the following subparagraphs of this article applies:
a
it is an agreement between the Secretary of State and a local authority, which is a county council, a county borough council, a unitary district council, a metropolitan district council or a London borough council, with respect to a trunk road or trunk road connected land, where:
i
such road or land is inside the local authority’s area; or
ii
if such road or land is outside the local authority’s area but within a London borough, a unitary district or a non-metropolitan county in England, the council of that borough, district or county has consented to the agreement between the local authority and the Secretary of State; or
iii
if such road or land is outside the local authority’s area, but within a metropolitan district or within a county or county borough in Wales, the authority has consulted the council of that district, county or county borough prior to entering into the agreement with the Secretary of State;
b
the agreement is not a local highway authority (minister) agreement within the meaning of article 7 of the Local Authorities (Goods and Services) (Public Bodies) (Trunk Roads) Order 1996 ; and
c
the agreement does not provide for the delegation of any of the Secretary of State’s functions referred to in section 6(1) of the 1980 Act.
Signed by authority of the Secretary of State for Transport
John Watts
Minister of State
Department of Transport
9th July 1996
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State Welsh Office
10th July 1996