text:
Citation, extent and commencement
1
These Regulations may be cited as the Beef Special Premium Regulations 1996, shall extend to Great Britain and shall come into force on 1st January 1997.
Interpretation
2
1
In these Regulations, unless the context otherwise requires–
“additional amounts” means the additional amounts payable pursuant to Article 4h(1) of Council Regulation 805/68;
“animal” means a male bovine animal within the meaning of Article 1(2)(a) of Council Regulation 805/68;
“animal in the first age bracket” means a steer which on the date of the commencement of the retention period for it is not less than 8 months old and not more than 20 months old;
“animal in the second age bracket” means a steer which on the date of the commencement of the retention period for it is not less than 21 months old;
“applicant” means a producer who has applied for Community premium in respect of a given calendar year;
“appropriate Minister” means, in relation to England, the Minister of Agriculture, Fisheries and Food and, in relation to Wales or Scotland, the Secretary of State;
“authorised person” means a person (whether or not an officer of the Minister concerned) who is authorised by the appropriate Minister, either generally or specifically, to act in matters arising under these Regulations;
“bull” means an uncastrated animal which on the date of the commencement of the retention period for it is not less than 8 months old and not more than 20 months old;
“bull premium” means the premium payable pursuant to Article 4b(2)(a) of Council Regulation 805/68;
“Commission Regulation 3886/92” means Commission Regulation ( EEC ) No. 3886/92 laying down detailed rules for the application of the premium schemes provided for in Council Regulation (EEC) No. 805/68 on the common organization of the market in beef and repealing Regulations (EEC) No. 1244/82 and (EEC) No. 714/89 ;
“Commission Regulation 3887/92” means Commission Regulation (EEC) No. 3887/92 laying down detailed rules for applying the integrated administration and control system for certain Community aid schemes ;
“Community premium” means one or more of the first premium, the second premium and the bull premium;
“Council Regulation 805/68” means Council Regulation (EEC) No. 805/68 on the common organization of the market in beef and veal ;
“ear-tag” means–
an ear-tag required to be attached to a bovine animal in accordance with article 8 of the Bovine Animals (Records, Identification and Movement) Order 1995 ; or
an ear-tag or mark such as is specified in paragraph (2) of that article;
“first premium” means the premium payable pursuant to the first indent of Article 4b(2)(b) of Council Regulation 805/68;
“forage area” has the same meaning as in Article 4g(3) of Council Regulation 805/68;
“holding” has the same meaning as in Article 4a of Council Regulation 805/68;
“imported” means imported into Great Britain;
“national administrative document” means a document issued in pursuance of Article 3 of Commission Regulation 3886/92, by the appropriate Minister or the competent authority in Northern Ireland;
“overgrazing” means grazing land with livestock in such numbers as adversely to affect the growth, quality or species composition of vegetation (other than vegetation normally grazed to destruction) on that land to a significant degree, and “overgrazed” shall be construed accordingly;
“person who has applied for a national administrative document” means a person who has applied for a national administrative document under regulation 3, or a duplicate or replacement national administrative document under regulation 5 or 6, and shall include a person who has been issued with such a document under any such regulation;
“premium scheme” means the aid scheme referred to in Article 4b of Council Regulation 805/68;
“producer” has the same meaning as in Article 4a of Council Regulation 805/68;
“relevant date” means, in relation to an applicant, the date on which his application for Community premium in respect of a given scheme year is lodged with the appropriate Minister;
“retention period” means the period for which an animal has to be retained on an applicant’s holding if it is to qualify for Community premium and which is referred to in the first paragraph of Article 4 of Commission Regulation 3886/92;
“Scheme year” means any calendar year in respect of which Community premium may be paid, and includes any part of a retention period in relation to an application for that premium in respect of a given calendar year (whether or not the starting date for its commencement is set in accordance with regulation 10) which falls within the following calendar year;
“second premium” means the premium payable pursuant to the second indent of Article 4b(2)(b) of Council Regulation 805/68;
“sell” includes offer or expose for sale or have in possession for sale, and related expressions shall be construed accordingly;
“specified animal” means an animal which is over three months old;
“specified control measure” means any check which a member State is required to carry out under Article 6 of Commission Regulation 3887/92;
“specified record” means any record which an applicant is required to retain by virtue of regulation 13;
“steer” means a castrated animal;
“third country” means any country or territory other than Northern Ireland or another member State;
“unsuitable supplementary feeding methods” means providing supplementary feed (other than to maintain livestock during abnormal weather conditions) in such a manner as to result in damage to vegetation through excessive trampling or poaching of the land by livestock or excessive rutting by vehicles.
2
Any reference in these Regulations to–
a
a numbered regulation is a reference to the regulaton in these Regulations so numbered; and
b
a numbered paragraph is a reference to the paragraph so numbered in the regulation in which the reference appears.
3
Any reference in these Regulations to a Community instrument is a reference to that instrument as amended on the date on which these Regulations are made.
National administrative documents
3
1
The national administrative document referred to in Article 3 of Commission Regulation 3886/92 shall take the form of a document accompanying each specified animal.
2
A person holding an animal for which no national administrative document has been issued may apply to the appropriate Minister for a national administrative document for that animal.
3
An application for a national administrative document shall be made in such form as the appropriate Minister may reasonably require.
4
Following the receipt of such an application, together with such details about the animal to which that application relates as he may reasonably require, the appropriate Minister shall, subject to paragraph (5), issue to the person who made the application a national administrative document for that animal.
5
Notwithstanding paragraph (4), the appropriate Minister shall not issue a national administrative document for an animal to any person if any requirement of articles 8 to 14 of the Bovine Animals (Records, Identification and Movement) Order 1995 is being contravened in relation to that animal.
Sale of specified animals
4
1
No person shall sell a specified animal unless that animal is accompanied by a national administrative document relating to that animal.
2
Notwithstanding paragraph (1), a specified animal need not be accompanied by a national administrative document when it is sold if that animal has been imported into Great Britain during the period of three months preceding the date of such sale–
a
from another member State, and it is accompanied by an administrative trade document issued by the competent authority in the member State concerned pursuant to paragraph 3 of Article 3 of Commission Regulation 3886/92; or
b
from any third country, and the person selling the animal concerned produces on demand to an authorised person satisfactory documentary evidence to show that the animal has been imported from a third country within the preceding three months.
Death, loss, theft or export of animal
5
1
On the death (howsoever caused), loss, theft, or export from Great Britain of an animal for which a national administrative document has been issued, the person holding the national administrative document relating to that animal shall, within three months of that death, loss, theft or export, surrender that document to the appropriate Minister.
2
Where an animal which has been lost or stolen is restored to the person referred to in paragraph (1) after its national administrative document has been surrendered to the appropriate Minister pursuant to that paragraph, the person concerned may apply to the appropriate Minister for a duplicate of the national administrative document issued for that animal.
3
Following the receipt of such an application, together with such details relating to that animal and such proof as he may reasonably require regarding its loss or theft and subsequent restoration, the appropriate Minister shall issue to the person who made such application a duplicate national administrative document for that animal.
Replacement of national administrative documents
6
1
Where a national administrative document issued in respect of an animal has been lost, stolen or destroyed, the person then holding the animal to which that document relates may apply to the appropriate Minister for a duplicate of it.
2
Where an ear-tag identifying an animal for which a national administrative document has been issued is replaced with an ear-tag which has an identifying number different from the number specified on the ear-tag which it replaces, the person then holding that animal may apply to the appropriate Minister for a replacement national administrative document for it.
3
Following the receipt of an application under paragraph (1) or (2), together with such proof as he may reasonably require regarding the loss, theft or destruction of the national administrative document concerned or as the case may be the replacement of the ear-tag in question, the appropriate Minister shall issue to the person who made the application a duplicate or replacement national administrative document, as appropriate.
Applications for first premium
7
1
Subject to paragraphs (3) and (4), a producer retaining an animal in the first age bracket on his holding may apply to the appropriate Minister for first premium in respect of that animal in relation to a given calendar year.
2
An application for first premium shall be made in such form as the appropriate Minister may reasonably require.
3
No application for first premium shall be made by a producer unless the animal in respect of which the application is made is accompanied by a national administrative document relating to that animal.
4
No application for first premium shall be made by a producer–
a
if in the calendar year in relation to which the application is made the total number of–
i
animals in the first age bracket, and
ii
bulls,
for which he has already applied successfully for first or as the case may be bull premium is equal to or exceeds 90;
b
if, pursuant to Article 10(2) of Commission Regulation 3887/92, he has been excluded from the premium scheme for the calendar year in question;
c
in respect of an animal for which first premium has already been paid;
d
in respect of an animal for which first premium has been applied for but for which payment is outstanding; or
e
in respect of an animal for which an application for first premium has previously been made, but on which premium has not been paid as a result of the application of the provisions contained in the first paragraph of Article 4b(3) of Council Regulation 805/68.
Applications for second premium
8
1
Subject to paragraphs (3) and (4), a producer retaining an animal in the second age bracket on his holding may apply to the appropriate Minister for second premium in respect of that animal in relation to a given calendar year.
2
An application for second premium shall be made in such form as the appropriate Minister may reasonably require.
3
No application for second premium shall be made by a producer unless the animal in respect of which the application is made is accompanied by a national administrative document relating to that animal.
4
No application for second premium shall be made by a producer–
a
if in the calendar year in relation to which the application is made the total number of animals in the second age bracket for which he has already applied successfully for second premium is equal to or exceeds 90;
b
if, pursuant to Article 10(2) of Commission Regulation 3887/92, he has been excluded from the premium scheme for the calendar year in question;
c
in respect of an animal for which second premium has already been paid;
d
in respect of an animal for which second premium has been applied for but for which payment is outstanding; or
e
in respect of an animal for which an application for second premium has previously been made, but on which premium has not been paid as a result of the application of the provisions contained in the first paragraph of Article 4b(3) of Council Regulation 805/68.
Applications for bull premium
9
1
Subject to paragraphs (3) and (4), a producer retaining a bull on his holding may apply to the appropriate Minister for bull premium in respect of that animal in relation to a given calendar year.
2
An application for bull premium shall be made in such form as the appropriate Minister may reasonably require.
3
No application for bull premium shall be made by a producer unless the animal in respect of which the application is made is accompanied by a national administrative document relating to that animal.
4
No application for bull premium shall be made by a producer–
a
if in the calendar year in relation to which the application is made the total number of–
i
animals in the first age bracket, and
ii
bulls,
for which he has already applied successfully for first or as the case may be bull premium is equal to or exceeds 90;
b
if, pursuant to Article 10(2) of Commission Regulation 3887/92, he has been excluded from the premium scheme for the calendar year in question;
c
in respect of an animal for which bull or first premium has already been paid;
d
in respect of an animal for which bull premium has been applied for but for which payment is outstanding;
e
in respect of an animal for which an application for bull premium has previously been made, but on which premium has not been paid as a result of the application of the provisions contained in the first paragraph of Article 4b(3) of Council Regulation 805/68.
Commencement of retention period
10
For the purposes of Article 4 of Commission Regulation 3886/92, an applicant may, when applying for Community premium, set the starting date for the commencement of the retention period for the animals specified in his application in accordance with the second paragraph of that Article.
Overgrazing
11
1
Subject to paragraph (2), where in the calendar year preceding any Scheme year the appropriate Minister forms the opinion that any parcel of land is being overgrazed that Minister may notify the occupier of the maximum number of animals which may be grazed and maintained on that parcel in that Scheme year, which number shall be determined by taking account of the number of other beasts likely to be grazed and maintained on the parcel concerned in the Scheme year in question and having regard to such conditions as may be specified in the notification.
2
The appropriate Minister may in the caledar year preceding any Scheme year issue a notification under paragraph (1) even where there is no evidence that the parcel of land to which it relates is being overgrazed if he has previously made such a notification in respect of that parcel having formed the opinion that it was being overgrazed.
3
Where the appropriate Minister has made a notification under paragraph (1) no Community premium shall be paid in respect of the Scheme year for which it was issued on any number of animals grazed and maintained in that Scheme year on the parcel of land to which the notification relates in excess of the maximum number of animals specified in the notification.
4
Where the appropriate Minister has made a notification under paragraph (1) and is satisfied that–
a
any condition specified in that notification has been breached; or
b
more animals than the maximum number specified in the notification have been grazed and maintained on the parcel of land to which it relates in the Scheme year for which it was issued,
he may withhold or recover on demand the whole or any part of the Community premium otherwise payable or as the case may be already paid to the recipient of the notification for the Scheme year to which it relates.
Unsuitable supplementary feeding methods
12
1
Where in any Scheme year the applicant uses unsuitable supplementary feeding methods the appropriate Minister may, subject to paragraph (3), reduce or withhold the amount of Community premium otherwise payable to him in respect of that Scheme year in accordance with paragraph (2).
2
Where the applicant was not penalised under this regulation for using unsuitable supplementary feeding methods in the preceding Scheme year the amount of Community premium otherwise payable to him may be reduced by 10%; where the applicant was penalised under this regulation for using unsuitable supplementary feeding methods in the preceding Scheme year but not in the Scheme year preceding that one the amount of Community premium otherwise payable to him may be reduced by 20%; and where the applicant has been penalised under this regulation for using unsuitable supplementary feeding methods in each of the two preceding Scheme years the amount of premium otherwise payable to him may be withheld.
3
Nothing in this regulation shall permit the appropriate Minister to penalise an applicant for using unsuitable supplementary feeding methods in a given Scheme year where he has already penalised that applicant in accordance with this regulation for that use by virtue of the fact that it occurred during any part of the previous Scheme year which fell within that given Scheme year.
Retention of records
13
1
An applicant shall, in relation to an animal for which he has applied for Community premium, retain for a period of four years from the relevant date any bill, account, receipt, voucher or other record relating to that animal.
2
Without prejudice to the generality of paragraph (1), an applicant shall either–
a
retain for a period of four years from the relevant date the special register referred to in Article 4g(4) of Council Regulation 805/68; or
b
retain for such period any records which he has kept under–
i
article 3(1) of the Movement of Animals (Records) Order 1960 and article 9(1) of the Bovine Animals (Identification, Marking and Breeding Records) Order 1990 , and
ii
article 5(1) of the Bovine Animals (Records, Identification and Movement) Order 1995,
provided that the animals for which an application for Community premium has been made are clearly distinguished from the other animals recorded in such records.
Powers of authorised persons
14
1
An authorised person may at all reasonable hours and on producing, if so required, some fully authenticated document showing his authority, exercise the powers specified in this regulation for the purposes of–
a
carrying out any specified control measure; or
b
ascertaining whether or not an offence under regulation 18(a) or (d) has been or is being committed.
2
An authorised person may enter any land, other than land used only as a dwelling, which is, or which such person has reasonable cause to believe to be, land occupied by, or in the posession of–
a
a person who has applied for a national administrative document; or
b
an applicant.
3
An authorised person who has entered any land by virtue of paragraph (2)(a) may inspect and count any animals on such land and read the ear-tags of any such animals.
4
An authorised person who has entered any land by virtue of paragraph (2)(b) may–
a
inspect and verify the total area of land, including forage area, managed by an applicant;
b
inspect and count any animals on such land and read the ear-tags of any such animals;
c
carry out any other activity which is a specified control measure; and
d
inspect that land for the purpose of determining whether or not it has been overgrazed or unsuitable supplementary feeding methods have been used on it.
5
An authorised person entering any land by virtue of this regulation may take with him such other persons as he considers necessary.
6
An authorised person may–
a
require a person who has applied for a national administrative document, or any employee, servant or agent of such a person, to produce any bill, account, receipt, voucher or other record relating to an animal for which a national administrative document has been issued or applied for, and to supply such additional information in that person’s possession or under his control relating to such animal as the authorised person may reasonably request;
b
require an applicant or any employee, servant or agent of an applicant to produce any national administrative document issued in respect of an animal for which Community premium has been applied for or any specified record, and to supply such additional information in that person’s possession or under his control relating to the particular application for Community premium as the authorised person may reasonably request;
c
require a person who is selling any specified animal to produce or cause to be produced any national administrative document or any other document referred to in regulation 4(2) relating to that animal;
d
inspect any national administrative document or other document referred to in sub-paragraph (b) or (c) of this paragraph and any specified record and, where any specified record is kept by means of a computer, have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been used in connection with that specified record;
e
require that copies of, or extracts from, any national administrative document, other document referred to in regulation 4(2) or specified record be produced; and
f
seize and retain any specified record which he has reason to believe may be required as evidence in proceedings under these Regulations and, where any such record is kept by means of a computer, require it to be produced in a form in which it may be taken away.
Assistance to authorised persons
15
A person who has applied for a national administrative document, an applicant or any employee, servant or agent of such person or applicant shall give to an authorised person such assistance as the authorised person may reasonably request so as to enable the authorised person to exercise any power conferred by regulation 14; and in particular, in relation to any animal, shall arrange for the collection, penning and securing of such animal, if so requested by the authorised person.
Recovery of Community premium and additional amounts
16
Where an applicant, or an employee, servant or agent of an applicant, intentionally obstructs an authorised person, or a person accompanying such authorised person and acting under his instructions, from carrying out a specified control measure, or fails without reasonable excuse to comply with a request made by an authorised person when carrying out a specified control measure, the appropriate Minister shall be entitled to recover on demand from that applicant the whole or any part of any Community premium paid to him and any additional amounts paid to him together with such premium.
Rate of interest
17
Except where the appropriate Minister recovers from any applicant any Community premium or part of any such premium, or any additional amounts or part of any additional amounts, paid to that applicant as a result of an error of that Minister, for the purpose of Article 14(1) of Commission Regulation 3887/92, interest shall be charged at the rate of one percentage point above the sterling three months London Interbank Offered Rate on a day-to-day basis for the period specified in that Article.
Offences
18
It shall be an offence for a person–
a
without reasonable excuse, to fail to comply with the provisions of regulation 4, 5(1) or 13;
b
intentionally to obstruct an authorised person in the exercise of a power conferred by regulation 14;
c
without reasonable excuse, to faily to comply with a request made under regulation 15; or
d
knowingly or recklessly to make a statement or furnish any information which is false or misleading in a material particular where the statement is made or the information is furnished–
i
in purported compliance with any requirement imposed under regulation 14(6),
ii
for the purpose of obtaining a national administrative document or a duplicate or replacement of same, or
iii
for the purposes of obtaining for himself or any other person the whole or any part of any Community premium.
Punishment of offences
19
1
A person guilty of an offence under regulation 18(a) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
2
A person guilty of an offence under regulation 18(b), (c) or (d) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Time limit for prosecutions
20
1
Proceedings for an offence under regulation 18 may, subject to paragraph (2), be commenced within the period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant those proceedings comes to his knowledge.
2
No such proceedings shall be commenced by virtue of this regulation more than twelve months after the commission of the offence.
3
For the purpose of this regulation, a certificate signed by or on behalf of the prosecutor and stating the date on which evidence sufficient in his opinion to warrant the proceedings concerned came to his knowledge shall be conclusive evidence of that fact.
4
A certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.
5
In relation to proceedings in Scotland, subsection (3) of section 136 of the Criminal Procedure (Scotland) Act 1995 (date of commencement of proceedings) shall apply for the purposes of this regulation as it applies for the purposes of that section.
Offences by bodies corporate
21
1
Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of–
a
any director, manager, secretary or other similar officer of the body corporate; or
b
any person who was purporting to act in any such capacity,
he, as well as the body corporate, shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
2
For the purposes of paragraph (1), “director”, in relation to a body corporate whose affairs are managed by its members, means a member of that body corporate.
3
Where an offence under these Regulations is committed in Scotland by a Scottish partnership and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
Revocations
22
The Beef Special Premium Regulations 1993 , the Beef Special Premium (Amendment) Regulations 1994 and the Beef Special Premium (Amendment) Regula tions 1995 are revoked.
Tony Baldry
Minister of State, Ministry of Agriculture, Fisheries and Food
20th December 1996
Lindsay
Parliamentary Under Secretary of State, Scottish Office
20th December 1996


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Income Support (General) (Standard Interest Rate Amendment) (No. 3) Regulations 1996 and shall come into force on 15th December 1996.
2
These Regulations shall have effect in relation to any particular claimant —
a
in a case where income support is paid to the claimant in arrears, in accordance with paragraph 7(1)(i) of Schedule 7 to the Claims and Payments Regulations (date when change of circumstances is to take effect) —
i
from the first day of the benefit week which includes 22nd December 1996; or
ii
if the claim for income support is for a period beginning after 22nd December 1996, from the first day of the first benefit week commencing after 15th December 1996;
b
in a case where income support is paid to the claimant in advance, in accordance with paragraph 7(1)(ii) of Schedule 7 to the Claims and Payments Regulations, from the first day of the first benefit week commencing after 22nd December 1996;
and for this purpose, the expressions “claimant” and “benefit week” have the same meanings as in regulation 2(1) of the Income Support Regulations (interpretation).
3
In these Regulations, “the Claims and Payments Regulations” means the Social Security (Claims and Payments) Regulations 1987 and “the Income Support Regulations” means the Income Support (General) Regulations 1987 .
Amendment of Schedule 3 to the Income Support Regulations
2
In paragraph 12(1)(a) of Schedule 3 to the Income Support Regulations (standard rate of interest on qualifying loans), for the words “7.16 per cent.” there shall be substituted the words “6.89 per cent.”.
Revocation of the Income Support (General) (Standard Interest Rate Amendment) (No. 2) Regulations 1996
3
The Income Support (General) (Standard Interest Rate Amendment) (No. 2) Regulations 1996 are hereby revoked save that those Regulations shall continue to have effect until the day before the first day of the benefit week having effect in relation to any particular claimant for the purpose of Regulation 1(2) of these Regulations.
Signed by authority of the Secretary of State for Social Security.
Roger Evans
Parliamentary Under-Secretary of State,
Department of Social Security
19th November 1996


text:
Citation, commencement and extent
1
1
This Order may be cited as the Deregulation (Long Pull) Order 1996 and shall come into force on the day after the day on which it is made.
2
This Order does not extend to Scotland or Northern Ireland.
Repeal of “long pull” prohibition
2
Section 165 of the Licensing Act 1964 is hereby repealed.
Timothy Kirkhope
Parliamentary Under-Secretary of State
Home Office
16th May 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the West Lambeth Community Care National Health Service Trust (Change of Name) Order 1996 and shall come into force on 18th July 1996.
2
In this Order —
“ the Order ” means the West Lambeth Community Care National Health Service Trust (Establishment) Order 1991 ;
“ the trust ” means the National Health Service trust established by the Order.
Change of name of NHS trust
2
The trust shall be called the Lambeth Healthcare National Health Service Trust instead of the West Lambeth Community Care National Health Service Trust, and accordingly in Article 1 of the Order in the definition of “the trust”, and in Article 2 of the Order, for the words “West Lambeth Community Care” there shall be substituted the words “Lambeth Healthcare”.
Transitional provisions
3
The change of name under this Order shall not —
a
affect any right or obligation of any person; or
b
be taken as invalidating any instrument (whether made before, on or after the day on which this Order comes into force) which refers to the trust by its previous name;
and all instruments and other documents which refer to the trust under its previous name shall be construed as referring to it under its new name.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State,
Department of Health
8th July 1996


text:
1
This Order may be cited as the European Communities (Definition of Treaties) (Partnership and Co-operation Agreement between the European Communities and their Member States and the Republic of Moldova) 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:
1
This Order may be cited as the Private International Law (Miscellaneous Provisions) Act 1995 (Commencement No. 2) Order 1996.
2
Sections 1, 2 and 4 of the the Private International Law (Miscellaneous Provisions) Act 1995 shall come into force on 1st November 1996.
Mackay of Clashfern, C.
Dated 26th September 1996


text:
Citation and commencement
1
This Order may be cited as the Town and Country Planning (General Permitted Development) (Amendment) Order 1996 and shall come into force on 1st April 1996.
Amendment of the Town and Country Planning (General Permitted Development) Order 1995
2
The Town and Country Planning (General Permitted Development) Order 1995 shall be amended as follows —
a
In article 1(2) (interpretation), in the definition of “site of archaeological interest” for “and known as the County Sites and Monuments Record;” substitute “in England or by a local planning authority in Wales and known in England as the County Sites and Monuments Record and in Wales as the Sites and Monuments Record for the local planning authority area;”;
b
In article 1(4) (interpretation), after “counties” insert “in England and in specified areas in Wales”;
c
In article 4(6)(a) (directions restricting permitted development), after “non-metropolitan county” insert “in England”;
d
In Part 1 of Schedule 1 (article 1(4) land) —
i
after “counties” insert “in England”;
ii
omit “Dyfed,”“Gwynedd,” and “West Glamorgan,”; and
iii
at the end add —
Land within the following areas in Wales —
that part of the county borough of Aberconwy and Colwyn which was on 31st March 1996 within the former county of Gwynedd,
the county of Anglesey,
the county of Caernarfonshire and Merionethshire,
the county of Cardiganshire,
the county of Carmarthenshire,
the county borough of Neath and Port Talbot,
the county of Pembrokeshire,
the county of Swansea.
;
e
In Part 3 of Schedule 1 (article 1(6) land), for paragraph (b) substitute —
b
In Wales, land outside the boundaries of a National Park which is —
i
within the communities listed below —
in the county borough of Aberconwy and Colwyn —
Caerhun, Dolgarrog;
in the county of Caernarfonshire and Merionethshire —
Arthog, Betws Garmon, Bontnewydd, Corris, Llanberis, Llanddeiniolen, Llandwrog, Llanfrothen, Llanllyfni, Llanwnda, Penrhyndeudraeth, Waunfawr; or
ii
within the specified parts of the communities listed below —
in the county borough of Aberconwy and Colwyn —
those parts of the following communities which were on 31st March 1974 within the former rural district of Nant Conway —
Conwy, Henryd, Llanddoged and Maenan, and Llanrwst;
that part of the community of Llangwm which was on 31st March 1974 within the former rural district of Penllyn;
in the county of Caernarfonshire and Merionethshire:
those parts of the following communities which were on 31st March 1974 within the former rural district of Gwyrfai —
Caernarfon, Clynnog, Dolbenmaen, Llandygai, Llanaelhaearn, Llanrug, Pentir, Y Felinheli;
that part of the community of Talsarnau which was on 31st March 1974 within the former rural district of Deudraeth;
that part of the community of Barmouth which was on 31st March 1974 within the former rural district of Dolgellau;
that part of the community of Llandderfel which was on 31st March 1974 within the former rural district of Penllyn;
in the county of Denbighshire, that part of the community of Llandrillo which was on 31st March 1974 within the former rural district of Penllyn.
;
f
In paragraph A.3 of Class A in Part 11 of Schedule 2 (development under local or private acts or orders) —
i
in paragraph (b) after “National Park” insert “in England”;
ii
in paragraph (c) after “case” insert “in England”;
iii
at the end add —
d
in Wales, the local planning authority.
;
g
In paragraph F.2(c) of Class F in Part 17 of Schedule 2 (gas suppliers — conditions) —
i
in sub-paragraph (ii) after “National Park” insert “in England”;
ii
in sub-paragraph (iii) after “case” insert “in England”;
iii
at the end add —
iv
in Wales, the local planning authority.
;
h
In paragraph G.2(d) of Class G in Part 17 of Schedule 2 (electricity undertakings — conditions) —
i
in sub-paragraph (ii) after “National Park” insert “in England”;
ii
in sub-paragraph (iii) after “case” insert “in England”;
iii
at the end add —
iv
in Wales, the local planning authority.
.
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
6th March 1996


text:
1
This Order may be cited as the Immigration (Restricted Right of Appeal Against Deportation) (Exemption) (Amendment) Order 1996 and shall come into force on 9th September 1996.
2
Article 2(b) of the Immigration (Restricted Right of Appeal Against Deportation) (Exemption) Order 1993 shall be amended by substituting, for the words “section 7(1) of the Asylum and Immigration Appeals Act 1993”, the words “section 7(1) or (1A) of the Asylum and Immigration Appeals Act 1993.” .
Home Office
Timothy Kirkhope
Parliamentary Under-Secretary of State
16th August 1996


text:
Citation and commencement
1
This Order may be cited as the Contracting Out (Administration of the Teachers' Superannuation Scheme) Order 1995 and shall come into force on the day after the day on which it is made.
Interpretation
2
In this Order “the functions” means the functions, with respect to the pensions, allowances or gratuities that are to be, or may be, paid to or in respect of teachers (as defined in section 9(6) of the Superannuation Act 1972 ), conferred on the Secretary of State by regulations made under all or any of sections 9, 12 and 24 of, and Schedule 3 to, the Superannuation Act 1972 and sections 16(2) to (4) and 130(a) of the Pension Schemes Act 1993 .
Contracting out of functions
3
The functions, or any of them, may be exercised by, or by the employees of, such person (if any) as may be authorised in that behalf by the Secretary of State.
Robin Squire
Parliamentary Under-Secretary of State,
Department for Education and Employment
30th January 1996


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Medicines (Homoeopathic Medicinal Products for Human Use) Amendment Regulations 1996 and shall come into force on 1st April 1996.
2
In these Regulations, “the principal Regulations ” means the Medicines (Homoeopathic Medicinal Products for Human Use) Regulations 1994 .
Amendment of regulation 1 of the principal Regulations
2
In regulation 1 of the principal Regulations (citation, commencement and interpretation), after paragraph (3) there is added the following paragraph —
4
In Schedule 2, paragraph 3 (interpretation) shall have effect for the purposes of that Schedule.
.
Substitution of Schedule 2 to the principal Regulations
3
For Schedule 2 to the principal Regulations (fees for applications for the grant of certificates of registration) there is substituted the following Schedule —
SCHEDULE 2
FEES FOR APPLICATIONS FOR THE GRANT OF CERTIFICATES OF REGISTRATION
Regulation 13
1
In respect of an application which relates to a product prepared from not more than 5 homoeopathic stocks, the fee shall be the amount set out in Column (2) in the Table below opposite the description in Column (1) appropriate to the application.
2
In respect of any other application, the fee shall be the amount set out in Column (3) in the Table below opposite the description in Column (1) appropriate to the application.
3
In this Schedule —
“application” means an application for the grant of a certificate of registration;
“formulation” does not include the formulation of a homoeopathic stock;
“identical” means —
in relation to the formulation of a product, identical as regards the requirements in respect of composition, preparation and testing;
in relation to a homoeopathic stock, identical as regards the source, composition and preparation of the stock and the tests which it is required to undergo;
“product” includes a series of products each of which is prepared from identical homoeopathic stocks;
“repeat formulation” means —
the formulation of a product which is identical to the formulation of another product —
in respect of which the applicant holds a certificate of registration; or
to which the applicant has, by the holder of the certificate of registration which relates to it, been authorised in writing to make reference for the purposes of his application; or
where more than one application is made by the same applicant on the same occasion in respect of products of identical formulations, for the purposes of the second and any subsequent of those applications which the licensing authority considers, the formulation of the product to which the first of those applications which is considered by the licensing authority relates;
“repeat stock” means —
a homoeopathic stock which is identical to another homoeopathic stock which is used in the preparation of a product —
in respect of which the applicant holds a certificate of registration; or
in respect of which another person holds a certificate of registration to which, for the purposes of his application, the applicant has been authorised in writing to make reference by the person (or, if more than one, each of the persons) who supplied information to the licensing authority in connection with the application for the certificate of registration which relates to that product; or
where more than one application is made by the same applicant on the same occasion in respect of products prepared from identical homoeopathic stocks, for the purposes of the second and any subsequent of those applications which the licensing authority considers, the homoeopathic stock used in the preparation of the product to which the first of those applications which is considered by the licensing authority relates.
TABLE
Column (1) Column (2) Column (3) Description of application Fees for applications in respect of products prepared from not more than 5 homoeopathic stocks Fees for other applications
1
An application in respect of a product which is both prepared solely from repeat stocks and is of a repeat formulation
£100 £250
2
An application in respect of a product which is either —
a
prepared solely from repeat stocks; or
b
is of a repeat formulation
£300 £450
3
Any other application
£500 £650
Amendment of Schedule 4 to the principal Regulations
4
In Schedule 4 to the principal Regulations (application of provisions of the Act), in the second entry in Column (2) which is opposite the entry “section 21” in Column (1), for the words “regulation 5(2) of” in both places where they occur there is substituted “regulation 5(4) of” .
Stephen Dorrell
One of Her Majesty’s Principal Secretaries of State,
Department of Health
29th February 1996


text:
Title and commencement
1
This Order may be cited as the Sea Fishing (Enforcement of Community Quota Measures) Order 1996 and shall come into force on 29th February 1996.
Interpretation
2
1
In this Order —
“British fishing boat” means a boat which is registered in the United Kingdom, the Isle of Man or any of the Channel Islands;
“the Council Regulation” means the Regulation adopted by the Council of the European Communities on 22nd December 1995 fixing, for certain fish stocks and groups of fish stocks, the total allowable catches for 1996 and certain conditions under which they may be fished ;
“specified Community provision” means a provision of the Council Regulation specified in column 1 of the Schedule to this Order as read with the qualifying words relating to that provision in that column.
2
In this Order any reference to a document includes, in addition to a document in writing —
a
any map, plan, graph or drawing;
b
any photograph;
c
any disk, tape, sound track or other device in which sounds or other data (not being visual aids) are recorded so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; and
d
any film (including microfilm), negative, tape, disk or other device in which one or more visual images are recorded so as to be capable (as aforesaid) of being reproduced therefrom.
Offences
3
Where there is, in respect of —
a
any British fishing boat wherever it may be; or
b
any other fishing boat which is within British fishery limits,
a contravention of, or failure to comply with, any specified Community provision, the master, the owner and the charterer (if any) shall each be guilty of an offence.
Penalties
4
1
A person guilty of an offence under article 3 of this Order shall be liable on summary conviction —
a
to a fine not exceeding the amount specified in column 3 of the Schedule to this Order in relation to the specified Community provision, the contravention of, or failure to comply with which, founded the offence; and
b
either —
i
to a fine not exceeding the value of any fish in respect of which the offence was committed; or
ii
to the forfeiture of any fish in respect of which the offence was committed; and
c
to the forfeiture of any net or other fishing gear which was used in the course of the commission of the offence.
2
A person guilty of an offence under article 3 of this Order shall be liable on conviction on indictment —
a
to a fine; and
b
to the forfeiture of any fish in respect of which the offence was committed; and
c
to the forfeiture of any net or other fishing gear which was used in the course of the commission of the offence.
Recovery of fines
5
1
Where a fine is imposed by a magistrates’ court in England and Wales or Northern Ireland on the master, owner or charterer of a fishing boat who is convicted by the court of an offence under article 3 of this Order, the court may —
a
issue a warrant of distress against the boat and its gear and catch and any property of the person convicted for the purpose of levying the amount of the fine; and
b
order the boat to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid or the amount of the fine is levied in pursuance of any such warrant, whichever occurs first.
2
Where a fine is imposed by a sheriff in Scotland on the master, owner or charterer of a fishing boat who is convicted by the sheriff of an offence under article 3 of this Order, the sheriff may —
a
issue a warrant for the arrestment and sale of the boat and its gear and catch and any property of the person convicted; and
b
order the boat to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid, whichever occurs first.
3
Sections 77(1) and 78 of the Magistrates’ Courts Act 1 980 (postponement of issue of, and defects in, warrants of distress) shall apply to a warrant of distress issued under this article in England and Wales as they apply to a warrant of distress issued under Part III of that Act.
4
Articles 114(2) and 154 of the Magistrates’ Courts (Northern Ireland) Order 1981 (postponement of issue of certain warrants and objections as to want of form or variance between complaint etc. and evidence adduced) shall apply to a warrant of distress issued under this article in Northern Ireland as it applies to a warrant referred to in those articles.
Powers of British sea-fishery officers in relation to fishing boats
6
1
For the purpose of enforcing article 3 of this Order a British sea-fishery officer may exercise in relation to —
a
any British fishing boat wherever it may be; or
b
any other fishing boat which is within British fishery limits,
the powers conferred by paragraphs (2) to (4) of this article.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and may require the boat to stop and do anything else which will facilitate either the boarding of, or the disembarkation from, the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) of this article and, in particular —
a
may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to any fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;
c
for the purpose of ascertaining whether an offence has been committed under article 3 of this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search; and
d
where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in sub-paragraph (d) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that an offence under article 3 of this Order has at any time been committed within British fishery limits, he may —
a
require the master of the boat in relation to which the offence took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
Powers of British sea-fishery officers on land
7
1
For the purpose of enforcing the provisions of article 3 of this Order, any British sea-fishery officer may —
a
enter and inspect at any reasonable time any premises used for carrying on any business in connection with the operation of fishing boats or activities connected therewith or ancillary thereto or with the treatment, storage or sale of sea fish;
b
take with him such other persons as appear to him to be necessary and any equipment or materials;
c
examine any fish on the premises and require persons on the premises to do anything which appears to him to be necessary for facilitating the examination;
d
carry out at such premises such other inspections or tests as may reasonably be necessary;
e
require any person not to remove or cause to be removed any fish from such premises for such a period as may be reasonably necessary for the purposes of his examination of it;
f
require any person on the premises to produce any documents which are in his custody or possession relating to the catching, landing, transportation, trans-shipment, sale or disposal of any sea fish;
g
for the purpose of ascertaining whether any person on the premises has committed an offence under article 3 of this Order, may search the premises for any such document and may require any person on the premises to do anything which appears to him to be necessary for facilitating the search;
h
inspect and take copies of any such document.
2
The provisions of paragraph (1) above shall apply mutatis mutandis in relation to any land used in connection with any of the activities described in paragraph (1) above, or in respect of any vehicle which a British sea-fishery officer has reasonable cause to believe is being used to transport fisheries products, as they apply in relation to premises and, in the case of a vehicle, shall include power to require the vehicle to stop at any time and, if necessary, direct the vehicle to some other place to facilitate the inspection.
Powers of British sea-fishery officers to seize fish and fishing gear
8
A British sea-fishery officer may seize —
a
any fish (including any receptacle which contains the fish) in respect of which he has reasonable grounds to suspect that an offence under article 3 of this Order has been committed; and
b
any net or other fishing gear which he has reasonable grounds to suspect has been used in the course of the commission of such an offence.
Protection of officers
9
An officer or a person assisting him by virtue of article 6(2) or 7(b) of this Order shall not be liable in any civil or criminal proceedings for anything done in the purported exercise of the powers conferred on him by articles 6 to 8 of this Order if the court is satisfied that the act was done in good faith, that there were reasonable grounds for doing it and that it was done with reasonable skill and care.
Obstruction of officers
10
Any person who —
a
fails without reasonable excuse to comply with any requirement imposed by a British sea-fishery officer under the powers conferred on him by articles 6 and 7 of this Order;
b
without reasonable excuse prevents any other person from complying with any such requirement; or
c
assaults an officer who is exercising any of the powers conferred on him by articles 6 to 8 of this Order or obstructs any such officer in the exercise of any of those powers,
shall be guilty of an offence and liable —
i
on summary conviction to a fine not exceeding the statutory maximum; or
ii
on conviction on indictment to a fine.
Provisions as to offences and proceedings
11
1
Where any offence under article 3 of this Order committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or a person purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of the offence and liable to be proceeded against and punished accordingly.
2
Where any offence under article 3 of this Order committed by a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of the offence and liable to be proceeded against and punished accordingly.
3
Where any offence under article 3 of this Order committed by an unincorporated association (other than a partnership) is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any officer of the association or any member of its governing body, he as well as the association shall be guilty of the offence and liable to be proceeded against and punished accordingly.
4
Proceedings for an offence under the provisions of this Order may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.
Admissibility in evidence of logbooks and other documents
12
Any document kept or held on board under Article 5 of Council Regulation ( EEC ) No. 2241/87 establishing certain control measures for fishing activities as amended or Article 6 or 17.2 of Council Regulation (EEC) No. 2847/93 establishing a control system applicable to the common fisheries policy as amended , any declaration submitted under Article 8.1, 12 or 17.2 of Council Regulation 2847/93 and any document drawn up under Article 9 or 13 of Council Regulation 2847/93 shall, in any proceedings for an offence under this Order —
a
in England, Wales or Northern Ireland, be evidence of the matters stated therein; and
b
in Scotland, be received in evidence without being produced or sworn to by any witness and shall be sufficient evidence of the matters stated therein.
Revocation and saving
13
The Sea Fishing (Enforcement of Community Quota Measures) Order 1995 is hereby revoked, but without prejudice to the application of articles 6 to 10 of that Order in relation to the enforcement of article 3 of that Order.
Tony Baldry
Minister of State, Ministry of Agriculture, Fisheries and Food
5th February 1996
Raymond S. Robertson
Parliamentary Under Secretary of State,
Scottish Office
2nd February 1996
Signed by authority of the Secretary of State for Wales
Rod Richards
Parliamentary Under Secretary of State,
Welsh Office
8th February 1996
Patrick Mayhew
Secretary of State for Northern Ireland
8th February 1996


text:
Citation, commencement and interpretation
1
This Order may be cited as the Supreme Court Fees (Amendment) Order 1996 and shall come into force on 15th January 1997.
2
In this Order: —
a
an article referred to by number means the article so numbered in the Supreme Court Fees Order 1980 , and
b
a fee or column referred to by number means the fee or column so numbered in the Schedule to that Order.
Amendments to the Supreme Court Fees Order 1980
3
Paragraphs (1) and (3) of article 5 shall be omitted.
4
The following shall be inserted after article 7: —
7A
Where a bill for taxation is lodged by a party to proceedings who, if the bill is allowed at the full amount thereof, will be required to pay it, the fee prescribed at Fee No. 29(b) shall be limited to £50, unless the taxing officer orders that the full amount of the fee shall be payable.
5
The entries in Column 2 in respect of each of the fees numbered in the Table below shall be replaced as shown in that Table.
Fee No. Existing entry in Column 2 New entry in Column 2
2(a) 15.00 50.00 2(b) 15.00 50.00 2(c) 15.00 50.00 2(d) 15.00 50.00 2(e) 30.00 50.00 3 15.00 50.00 4 20.00 50.00 5(A) 20.00 30.00 5(B) 20.00 50.00 5(C) 20.00 30.00 5(D) 20.00 50.00 5(F) 50.00 150.00 5(G) 100.00 500.00 5(H) 100.00 500.00 5(J) 50.00 100.00 6 15.00 30.00 8(a) 20.00 30.00 9 20.00 50.00 11(a) 20.00 50.00 11(b) 20.00 50.00 11(c) 20.00 50.00 11(d) 20.00 50.00 13 30.00 60.00 16(a) (both occurrences) 20.00 30.00 16(b) to (g) (all occurrences) 10.00 30.00 27(a)(i) 120.00 200.00 27(a)(ii) 120.00 200.00 27(b) 50.00 150.00 27(c) 60.00 100.00 29(e) 10.00 20.00 29(f) 35.00 50.00 30(a) 55.00 80.00 30(b)(i) 25.00 50.00 30(b)(ii) 55.00 80.00 30(c) 55.00 80.00 30(e) 25.00 50.00 30(f) 25.00 50.00
6
In columns 1 and 2 in Fee No. 1: —
a
the figure of “120.00” in column 2, opposite paragraphs (a) to (d) in column 1, shall be omitted;
b
the following shall be added after the end of paragraph (d): —
Column 1 Column 2
where the relief sought consists of the recovery of possession of any property (with or without any sum charged thereon) or does not include the payment of money 120.00
where the relief sought is or includes the payment of money (other than money charged on property possession of which is also claimed):
limited to £10,000 or less
120.00
limited to a sum exceeding £10,000 but not exceeding £50,000
150.00
limited to a sum exceeding £50,000 but not exceeding £100,000
300.00
limited to a sum exceeding £100,000, or where no limit is specified
500.00
7
After Fee No. 5A there shall be inserted the following new fee:
Column 1 Column 2 Column 3
5AA
On an application ex parte or by consent before a master, district judge or Admiralty registrar or before a bankruptcy registrar, where no appointment is taken.
20.00 The application
8
In column 1 in Fee No. 5C, the words “in Chambers in the Queen’s Bench Division” shall be omitted.
9
For columns 1 and 2 in Fee No. 18 there shall be substituted the following: —
Column 1 Column 2
18
For a copy of any document, or examining a plain copy and marking it as an office copy:
a
per page for the first five pages of each document
1.00
b
per page for subsequent pages
0.25
10
For columns 1 and 2 in Fee No. 29(b), (c) and (d) there shall be substituted the following: —
Column 1 Column 2
b
On the lodging of a bill of costs for taxation, subject to the provisions of article 7A, for every £100 or part of £100 of the full amount of the bill as lodged
3.75
c
On the taxation of a bill of costs, for every £100 or part of £100 of the amount allowed
less any amount paid under Fee No. 29(b) in respect of the lodging of that bill
7.50
d
On assessing costs in the Chancery Division, for every £100 or part of £100 of the sum assessed
7.50
Mackay of Clashfern, C.
Dated 11th December 1996
We concur,
Bingham of Cornhill, C.J.
Woolf, M.R.
Stephen Brown, P.
Richard Scott, V.-C.
We concur,
Patrick McLoughlin
Roger Knapman
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 16th December 1996


text:
Citation and commencement
1
These Regulations may be cited as the Disability Discrimination (Employment) Regulations 1996 and shall come into force on 2nd December 1996.
Interpretation
2
In these Regulations —
“ the Act ” means the Disability Discrimination Act 1995;
“binding obligation” means a legally binding obligation (not contained in a lease) in relation to the premises whether arising from an agreement or otherwise;
“building” means an erection or structure of any kind;
“building regulations” has the meaning given by section 122 of the Building Act 1984 ;
“lease” has the meaning assigned by section 16(3) of the Act;
“pay” means remuneration of any kind including any benefit;
“performance” includes performance as assessed by reference to any measure, whether relative or absolute, of output, efficiency or effectiveness in an employment;
“section 6 duty” means any duty imposed by or under section 6 of the Act;
“Technical Standards” means the technical standards for compliance with the Building Standards (Scotland) Regulations 1990 issued by the Scottish Office in 1990 and as amended by the substitute pages issued by the Scottish Office in and dated July 1993 and July 1994 .
Pay
3
1
For the purposes of section 5 of the Act, treatment is to be taken to be justified if it results from applying to the disabled person a term or practice —
a
under which the amount of a person’s pay is wholly or partly dependent on that person’s performance; and
b
which is applied to all of the employer’s employees or to all of a class of his employees which includes the disabled person but which is not defined by reference to any disability.
2
Arrangements consisting of the application to a disabled person of a term or practice of the kind referred to in paragraph (1) above are not to be taken to place that disabled person at a substantial disadvantage of the kind mentioned in section 6(1) of the Act.
3
Nothing in this regulation affects the operation of section 6 of the Act in relation to any arrangements or physical features of premises which, by placing a disabled person at a substantial disadvantage, cause reduced performance by him.
Occupational pension schemes
4
1
For the purposes of section 5(1) of the Act less favourable treatment of a disabled person is to be taken to be justified in the circumstances described in paragraph (2) below if it results from applying the eligibility conditions set for receiving any benefit referred to in paragraph (3) below or from determining the amount of any such benefit.
2
The circumstances are that by reason of the disabled person’s disability (including any clinical prognosis flowing from the disability) the cost of providing any benefit referred to in paragraph (3) below is likely to be substantially greater than it would be for a comparable person without that disability.
3
The benefits are those provided under an occupational pension scheme in respect of any of the following: —
a
termination of service;
b
retirement, old age or death; or
c
accident, injury, sickness or invalidity.
Uniform rates of contributions
5
For the purposes of section 5 of the Act, treatment is always to be taken to be justified if an employer requires from a disabled person the same rate of contribution to an occupational pension scheme as he requires from his other employees (or from any class of his employees which includes the disabled person but which is not defined by reference to any disability), notwithstanding that the disabled person is not eligible under that scheme, for a reason related to his disability, to receive a benefit or to receive a benefit at the same rate as a comparable person to whom that reason does not apply.
Agricultural wages
6
For the purposes of section 5 of the Act —
a
treatment of a disabled person is to be taken to be justified to the extent that the treatment relates to a matter within the terms and conditions of a permit granted to that person under section 5 of the Agricultural Wages Act 1948 or section 5 of the Agricultural Wages (Scotland) Act 1949 (permits to incapacitated persons) and accords with those terms and conditions, and
b
failure to take a step otherwise required to comply with a section 6 duty is to be taken to be justified if that step would relate to a matter within the terms and conditions of the permit referred to in (a) above but would exceed the requirements of those terms and conditions.
Contract Work
7
1
Paragraph (2) below applies for the purposes of section 6 of the Act (and that section as applied by section 12(3) of the Act) where a contract worker is likely to be placed at a similar substantial disadvantage by arrangements made by or on behalf of, or premises occupied by, all or most of the principals to whom he is or might be supplied.
2
It is reasonable for the employer to have to take such steps as are within his power as it would be reasonable for him to have to take if the arrangements were made by him or on his behalf or, as the case may be, the premises were occupied by him.
3
For the purposes of section 6 of the Act (and that section as applied by section 12(3) of the Act) it is not reasonable for any principal to whom a contract worker is supplied to have to take any step which it is reasonable for the employer to have to take pursuant to paragraph (2) above or otherwise.
Building Regulations
8
1
This regulation applies only to a physical characteristic included within building works which —
a
was adopted with a view to meeting the requirements for the time being of —
i
(in England and Wales) Part M of the building regulations , and
ii
(in Scotland) Part T of the Technical Standards,
with regard to access and facilities for disabled people, and
b
met those requirements at the time the building works were carried out and continues substantially to meet those requirements which applied at the time the building works were carried out.
2
For the purposes of section 6(1) of the Act it is never reasonable for an employer to have to take steps in relation to a disabled person to the extent that this would involve altering any physical characteristic to which this regulation applies.
Physical features
9
For the purposes of section 6(1) of the Act the following are to be treated as physical features (whether permanent or temporary) —
a
any feature arising from the design or construction of a building on the premises;
b
any feature on the premises of any approach to, exit from or access to such a building;
c
any fixtures, fittings, furnishings, furniture, equipment or materials in or on the premises;
d
any other physical element or quality of any land comprised in the premises.
Consent to an adjustment
10
1
For the purposes of section 6(1) of the Act where under any binding obligation the employer is required to obtain the consent of any person to any alteration of the premises occupied by him it is always reasonable for the employer to have to take steps to obtain that consent and it is never reasonable for the employer to have to make that alteration before that consent is obtained.
2
The steps referred to in paragraph (1) above shall not be taken to include an application to a court or tribunal.
Lessor withholding consent
11
1
For the purposes of section 16 of and Part I of Schedule 4 to the Act a lessor is to be taken to have withheld his consent to an alteration where he has received a written application by or on behalf of the occupier for consent to make the alteration and has failed to meet the requirements specified in paragraph (2) below.
2
The requirements are that the lessor within a period of 21 days (beginning with the day on which he receives the application referred to in paragraph (1) above) or such longer period as is reasonable —
a
replies consenting to or refusing the application, or
b
i
replies consenting to the application subject to obtaining the consent of another person required under a superior lease or pursuant to a binding obligation, and
ii
seeks that consent.
3
A lessor who fails to meet the requirements in paragraph (2) above but who subsequently meets those requirements (except as to time) —
a
shall be taken to have withheld his consent from the date of such failure, and
b
shall be taken not to have withheld his consent from the time he met those requirements (except as to time).
4
For the purposes of this regulation, a lessor is to be treated as not having sought another person’s consent unless he has applied in writing to that person, indicating —
i
that the lessor’s consent to the alteration has been applied for in order to comply with a section 6 duty, and
ii
that he has given his consent conditionally upon obtaining the other person’s consent.
Lessor withholding consent unreasonably
12
For the purposes of section 16 of and Part I of Schedule 4 to the Act, a lessor is to be taken to have withheld his consent unreasonably where —
a
the lease provides that consent shall or will be given to an alteration of the kind in question; or
b
the lease provides that consent shall or will be given to an alteration of the kind in question if the consent is sought in a particular way and the consent has been sought in that way; or
c
the lessor is to be taken to have withheld his consent by virtue of regulation 11 above.
Lessor withholding consent reasonably
13
1
For the purposes of section 16 of and Part I of Schedule 4 to the Act a lessor is to be taken to have acted reasonably in withholding his consent where —
a
there is a binding obligation requiring the consent of any person to the alteration;
b
he has taken steps to seek that consent; and
c
that consent has not been given or has been given subject to a condition making it reasonable for him to withhold his consent.
2
For the purposes of section 16 of and Part I of Schedule 4 to the Act a lessor is to be taken to have acted reasonably in withholding his consent where —
a
he is bound by an agreement which allows him to consent to the alteration in question subject to a condition that he makes a payment, and
b
that condition does not permit the lessor to make his own consent subject to a condition that the occupier reimburse him the payment.
Lessor’s consent subject to conditions
14
1
For the purposes of section 16 of and Part I of Schedule 4 to the Act a condition subject to which a lessor has given his consent is to be taken to be reasonable in all circumstances if it is any of the following (or a condition to similar effect) —
a
that the occupier must obtain any necessary planning permission and any other consent or permission required by or under any enactment;
b
that the occupier must submit any plans or specifications for the alteration to the lessor for approval (provided that the condition binds the lessor not to withhold approval unreasonably) and that the work is carried out in accordance with such plans or specifications;
c
that the lessor must be permitted a reasonable opportunity to inspect the work when completed; and
d
that the occupier must repay to the lessor the costs reasonably incurred in connection with the giving of his consent.
2
For the purposes of section 16 of and Part I of Schedule 4 to the Act in a case where it would be reasonable for the lessor to withhold consent, a condition that upon expiry of the lease the occupier (or any assignee or successor) must reinstate any relevant part of the premises which is to be altered to its state before the alteration was made is to be taken as reasonable.
Steps contrary to the terms of the lease
15
For the purposes of section 6 of the Act it is not reasonable for an employer to have to take a step in relation to premises occupied by him which would otherwise be required in order to comply with a section 6 duty and which is contrary to the terms of any lease under which he occupies those premises if —
a
he has applied to the lessor in writing to take the step,
b
he has indicated in writing that he proposes to take the step, subject to that consent, in order to comply with a section 6 duty,
c
the lessor has withheld that consent, and
d
the occupier has informed the disabled person that he has applied for the consent of the lessor and that the lessor has withheld it.
Henley
Minister of State,
Department for Education and Employment
6th June 1996


text:
Citation, extent and commencement
1
These Regulations, which extend to Great Britain, may be cited as the Health and Safety (Consultation with Employees) Regulations 1996 and shall come into force on 1st October 1996.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“the 1974 Act ” means the Health and Safety at Work etc. Act 1974 ;
“the 1977 Regulations ” means the Safety Representatives and Safety Committees Regulations 1977 ;
“employee” has the meaning assigned to it by section 53(1) of the 1974 Act but shall not include a person employed as a domestic servant in a private household; and “employer” shall be construed accordingly;
“the relevant statutory provisions” has the meaning assigned to it by section 53(1) of the 1974 Act;
“representatives of employee safety” shall be construed in accordance with regulation 4(1)(b);
“safety representative” has the meaning assigned to it by regulation 2(1) of the 1977 Regulations;
“workplace” means, in relation to an employee, any place or places where that employee is likely to work or which he is likely to frequent in the course of his employment or incidentally to it and, in relation to a representative of employee safety, any place or places where the employees he represents are likely so to work or frequent.
2
Any reference in these Regulations to consulting employees directly or consulting representatives of employee safety is a reference to consulting them pursuant to regulation 3 and regulation 4(1)(a) or (b), as the case may be.
3
Unless the context otherwise requires, any reference in these Regulations to —
a
a numbered regulation or schedule is a reference to the regulation or schedule in these Regulations so numbered; and
b
a numbered paragraph is a reference to the paragraph so numbered in the regulation or schedule in which the reference appears.
Duty of employer to consult
3
Where there are employees who are not represented by safety representatives under the 1977 Regulations, the employer shall consult those employees in good time on matters relating to their health and safety at work and, in particular, with regard to —
a
the introduction of any measure at the workplace which may substantially affect the health and safety of those employees;
b
his arrangements for appointing or, as the case may be, nominating persons in accordance with regulations 6(1) and 7(1)(b) of the Management of Health and Safety at Work Regulations 1992 ;
c
any health and safety information he is required to provide to those employees by or under the relevant statutory provisions;
d
the planning and organisation of any health and safety training he is required to provide to those employees by or under the relevant statutory provisions; and
e
the health and safety consequences for those employees of the introduction (including the planning thereof) of new technologies into the workplace.
Persons to be consulted
4
1
The consultation required by regulation 3 is consultation with either —
a
the employees directly; or
b
in respect of any group of employees, one or more persons in that group who were elected, by the employees in that group at the time of the election, to represent that group for the purposes of such consultation (and any such persons are in these Regulations referred to as “representatives of employee safety”).
2
Where an employer consults representatives of employee safety he shall inform the employees represented by those representatives of —
a
the names of those representatives; and
b
the group of employees represented by those representatives.
3
An employer shall not consult a person as a representative of employee safety if —
a
that person has notified the employer that he does not intend to represent the group of employees for the purposes of such consultation;
b
that person has ceased to be employed in the group of employees which he represents;
c
the period for which that person was elected has expired without that person being re-elected; or
d
that person has become incapacitated from carrying out his functions under these regulations;
and where pursuant to this paragraph an employer discontinues consultation with that person he shall inform the employees in the group concerned of that fact.
4
Where an employer who has been consulting representatives of employee safety decides to consult employees directly he shall inform the employees and the representatives of that fact.
Duty of employer to provide information
5
1
Where an employer consults employees directly he shall, subject to paragraph (3), make available to those employees such information, within the employer’s knowledge, as is necessary to enable them to participate fully and effectively in the consultation.
2
Where an employer consults representatives of employee safety he shall, subject to paragraph (3), make available to those representatives such information, within the employer’s knowledge, as is —
a
necessary to enable them to participate fully and effectively in the consultation and in the carrying out of their functions under these Regulations;
b
contained in any record which he is required to keep by regulation 7 of the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 and which relates to the workplace or the group of employees represented by those representatives.
3
Nothing in paragraph (1) or (2) shall require an employer to make available any information —
a
the disclosure of which would be against the interests of national security;
b
which he could not disclose without contravening a prohibition imposed by or under any enactment;
c
relating specifically to an individual, unless he has consented to its being disclosed;
d
the disclosure of which would, for reasons other than its effect on health or safety, cause substantial injury to the employer’s undertaking or, where the information was supplied to him by some other person, to the undertaking of that other person; or
e
obtained by the employer for the purpose of bringing, prosecuting or defending any legal proceedings;
or to provide or allow the inspection of any document or part of a document which is not related to health or safety.
Functions of representatives of employee safety
6
Where an employer consults representatives of employee safety each of those representatives shall, for the period for which that representative is so consulted, have the following functions —
a
to make representations to the employer on potential hazards and dangerous occurrences at the workplace which affect, or could affect, the group of employees he represents;
b
to make representations to the employer on general matters affecting the health and safety at work of the group of employees he represents and, in particular, on such matters as he is consulted about by the employer under regulation 3; and
c
to represent the group of employees he represents in consultations at the workplace with inspectors appointed under section 19(1) of the 1974 Act.
Training, time off and facilities for representatives of employee safety and time off for candidates
7
1
Where an employer consults representatives of employee safety, he shall —
a
ensure that each of those representatives is provided with such training in respect of that representative’s functions under these Regulations as is reasonable in all the circumstances and the employer shall meet any reasonable costs associated with such training including travel and subsistence costs; and
b
permit each of those representatives to take such time off with pay during that representative’s working hours as shall be necessary for the purpose of that representative performing his functions under these Regulations or undergoing any training pursuant to paragraph (1)(a).
2
An employer shall permit a candidate standing for election as a representative of employee safety reasonable time off with pay during that person’s working hours in order to perform his functions as such a candidate.
3
Schedule 1 (pay for time off) and Schedule 2 (provisions as to industrial tribunals) shall have effect.
4
An employer shall provide such other facilities and assistance as a representative of employee safety may reasonably require for the purpose of carrying out his functions under these Regulations.
Amendment of the Employment Rights Act 1996
8
In sections 44(1) (health and safety cases: right not to suffer detriment) and 100(1) (health and safety cases: unfair dismissal) of the Employment Rights Act 1996 , after paragraph (b) insert —
ba
the employee took part (or proposed to take part) in consultation with the employer pursuant to the Health and Safety (Consultation with Employees) Regulations 1996 or in an election of representatives of employee safety within the meaning of those Regulations (whether as a candidate or otherwise),
.
Exclusion of civil liability
9
Breach of a duty imposed by these Regulations shall, subject to regulation 7(3) and Schedule 2, not confer any right of action in any civil proceedings.
Application of health and safety legislation
10
Sections 16 to 21, 23, 24, 26, 28, 33, 34, 36 to 39, 42(1) to (3) and 46 of the 1974 Act, the Health and Safety (Enforcing Authority) Regulations 1989 and the Health and Safety (Training for Employment) Regulations 1990 shall apply as if any references therein to health and safety regulations or to the relevant statutory provisions included references to these Regulations.
Application to the Crown and armed forces
11
1
Section 48 of the 1974 Act shall, subject to paragraph (2), apply in respect of these Regulations as it applies in respect of regulations made under Part I of that Act.
2
These Regulations shall apply in respect of members of the armed forces of the Crown subject to the following —
a
references to “representatives of employee safety”(in regulation 4(1)(b) and elsewhere) shall, in respect of any group of employees, be references to one or more persons in that group who were appointed by the employer to represent that group for the purposes of such consultation;
b
references to “elected” and “re-elected” in regulation 4(3)(c) shall be, respectively, references to “appointed” and “re-appointed”; and
c
regulation 7(1)(b), (2) and (3) shall not apply.
Disapplication to sea-going ships
12
These Regulations shall not apply to or in relation to the master or crew of a sea-going ship or to the employer of such persons in respect of the normal ship-board activities of a ship’s crew under the direction of the master.
Amendment of the 1977 Regulations
13
In regulation 3(1) of the 1977 Regulations the words “, except in the case of employees employed in a mine within the meaning of section 180 of the Mines and Quarries Act 1954 which is a coal mine” shall be omitted.
John Selwyn Gummer
Secretary of State for the Environment
10th June 1996


text:
Citation and Commencement
1
1
This Order may be cited as the Bridgend and The Vale of Glamorgan (Areas) Order 1996.
2
This Order shall come into force on: —
a
1st January 1997 for any of the purposes set out in regulation 4(1) of the Regulations;
b
1st January 1997 for the purposes of articles 4(1) (so far as it relates to articles 4(2) and (7),) (2) and (7) and 5(1) (so far as it relates to article 5(7)) and (7) of this Order; and
c
1st April 1997 for all other purposes.
Interpretation
2
In this Order —
“the map” means the map prepared by the Welsh Office and marked “Map of the Bridgend and The Vale of Glamorgan (Areas) Order 1996”;
“the Regulations” means the Local Government Area Changes Regulations 1976 .
“the transferred area” means the areas transferred under article 3.
Changes in areas etc.
3
Those parts of the county borough of The Vale of Glamorgan and of the preserved county of South Glamorgan described in column (1) of Schedule 1 to this Order shall:
be transferred to the county borough of Bridgend;
be transferred to the preserved county of Mid Glamorgan; and
form part of such electoral divisions, communities, community wards, petty sessional divisions and coroners’ districts as are specified opposite thereto in columns (2) to (6) of the said Schedule.
County Borough Councillors
4
1
Regulation 8 of the Regulations (councillors) shall, in relation to the office of councillor for the county borough of Bridgend or The Vale of Glamorgan, have effect subject to the following provisions of this article.
2
Any casual vacancy which exists at, or otherwise occurs after, 1st January 1997 in the office of county borough councillor for —
a
the existing Oldcastle electoral division of the county borough of Bridgend; or
b
the existing Llandow/Ewenny electoral division of the county borough of The Vale of Glamorgan,
shall (except where notice of the election has already been given before 1st January 1997) not be filled.
3
Any person in office immediately before 1st April 1997 as county borough councillor for the existing Oldcastle or Llandow/Ewenny electoral division shall on and after 1st April 1997 represent the altered Oldcastle or, as the case may be, Llandow/Ewenny electoral division, but, in either case, shall (unless he previously resigns his office or it otherwise becomes vacant) retire from that office on 6th July 1997.
4
Any casual vacancy which occurs before 6th July 1997 in either of the offices of county borough councillor provided for in paragraph (3) shall not be filled.
5
First elections for two county borough councillors for the altered Oldcastle electoral division and for one county borough councillor for the altered Llandow/Ewenny electoral division shall be held on such day after 1st April 1997 and prior to 3rd July 1997 as the relevant returning officer shall appoint and the rules for the time being applying to elections to principal areas shall apply to such elections with any necessary modifications.
6
A person elected in accordance with paragraph (5) above shall come into office on 6th July 1997 and shall retire (unless he previously resigns his office or it otherwise becomes vacant) on the fourth day after the ordinary day of election for councillors in 1999 .
7
Except in the case of an election to which paragraph (2) above applies, in relation to the qualification of any person to be elected and to be a member of the Bridgend or The Vale of Glamorgan County Borough Council this Order shall be deemed, for the purposes of section 79 of the Local Government Act 1972 , to have been in operation during the whole of the twelve months preceding the relevant day within the meaning of that section.
8
In this article —
“altered”, in relation to an electoral division, means that division as existing on and after 1st April 1997; and
“existing”, in relation to an electoral division, means that division as existing immediately before 1st April 1997.
Community Councils
5
1
Regulation 8 of the Regulations shall, in relation to the office of councillor for any community the area of which is altered by this Order, have effect subject to the following provisions of this article.
2
The number of councillors for the Oldcastle ward of the community of Bridgend shall be six.
3
The additional councillor for the Oldcastle ward of the community of Bridgend as provided for in paragraph (2) above shall be elected on such day after 1st April 1997 and prior to 3rd July 1997 as the returning officer shall appoint and the rules for the time being applying to the election of community councillors shall apply to such election with any necessary modifications.
4
The person elected in accordance with paragraph (3) above shall come into office on 6th July 1997 and shall retire (unless he previously resigns his office or it otherwise becomes vacant) on the fourth day after the ordinary day of election of councillors in 1999.
5
In relation to the community of Ewenny —
a
any casual vacancy in the office of councillor for that community which exists at 1st April 1997 or occurs before the ordinary day of election of councillors in 1999 shall (except where notice of the election has already been given before 1st April 1997) be filled only to maintain the number of councillors for that community at seven; and
b
subject to paragraph (6), as from the ordinary day of election of councillors in 1999 the number of councillors for the community of Ewenny shall be seven.
6
Any person in office as a councillor for the community of Ewenny immediately before the date of the ordinary election of councillors in 1999 shall not, by reason only of the provisions of paragraph (5)(b) above, be required to retire from that office before the fourth day after the ordinary day of election of councillors in 1999.
7
In relation to the qualification of any person to be elected and to be a member of the council of any community the area of which is altered by this Order, this Order shall be deemed, for the purposes of section 79 of the Local Government Act 1972, to have been in operation during the whole of the twelve months preceding the relevant day within the meaning of that section.
Town and Country Planning
6
1
In this article, “provision” means a provision of a development plan (as defined in section 336(1) of the Town and Country Planning Act 1990 ).
2
Any provision applying to any part of the transferred area shall continue to apply to that part, notwithstanding the transfer, until replaced by a provision which so applies and which supersedes the provision so continued.
Sheriffs
7
1
In this article —
“transferee sheriff” means the high sheriff for the preserved county of Mid Glamorgan;
“transferor sheriff” means the high sheriff for the preserved county of South Glamorgan.
2
Any person who, immediately before 1st April 1997, is qualified under section 4 of the Sheriffs Act 1887 (qualification of sheriffs) to be appointed High Sheriff for the preserved county of South Glamorgan by reason of holding land in the transferred area shall, for a period of two years from that date, continue to be qualified to be appointed High Sheriff for the preserved county of South Glamorgan.
3
The transferor sheriff shall, on or as soon as reasonably practicable after 1st April 1997, —
a
perform (so far as they relate to persons or things in the transferred area) all the duties which are required by section 28(1) of the Act of 1887 (outgoing sheriff to turn over prisoners and process to incoming sheriff) to be performed at the expiration of a sheriff’s term of office; and
b
transfer to the custody of the transferee sheriff all documents of whatever description relating to the transferred area.
4
In section 28(1) and (2) of the Act of 1887 the references to an “incoming sheriff” shall, so far as they apply by virtue of the preceding paragraphs, be construed from 1st April 1997 as including a reference to the transferee sheriff.
Deputy Lieutenants
8
1
In this article —
“transferor deputy lieutenant” means a deputy lieutenant for the preserved county of South Glamorgan.
2
Any person who, immediately before 1st April 1997, is qualified under section 133(2)(a) of the Reserve Forces Act 1980 to be appointed as a deputy lieutenant for the preserved county of South Glamorgan by reason of having a place of residence within the transferred area, or within seven miles from the relevant boundary thereof, shall, for a period of two years from that date, continue to be qualified to be appointed as a deputy lieutenant for the preserved county of South Glamorgan.
Justices
9
The provisions of Part I of Schedule 2 to this Order shall apply in relation to any petty sessional district altered by article 3.
Coroners’ districts
10
As from 1st April 1997 article 2(2) of the Coroners’ District (Wales) Order 1996 shall have effect in relation to the following coroners’ districts —
Bridgend and Glamorgan Valleys; and
Cardiff and The Vale of Glamorgan,
as if the reference to the local government areas described in column (2) of the Schedule to that Order opposite the names of those respective districts were a reference to those local government areas as altered by this Order.
Registration Service
11
References in the schemes made under the Local Government (Registration Service in Wales) Order 1995 by —
Bridgend County Borough Council; and
The Vale of Glamorgan County Borough Council
to the county borough of Bridgend or, as the case may be, the county borough of The Vale of Glamorgan shall be read as a reference to such county borough as altered by this Order.
Family health services
12
In relation to the provision of family health services in the transferred area, the provisions of Part II of Schedule 2 to this Order shall apply in place of regulation 28 of and Schedule 2 to the Regulations.
William Hague
Secretary of State for Wales
9th December 1996


text:
Citation and commencement
1
This Order may be cited as the Birmingham Heartlands Hospital National Health Service Trust Dissolution Order 1996 and shall come into force on 1st April 1996.
Dissolution of NHS trust
2
The Birmingham Heartlands Hospital National Health Service Trust established by the East Birmingham Hospital National Health Service Trust (Establishment) Order 1991 is hereby dissolved, and accordingly that Order, the East Birmingham Hospital National Health Service Trust (Change of Name) Order 1993 and the East Birmingham Hospital National Health Service Trust (Establishment) Amendment Order 1994 are hereby revoked.
Signed by authority of the Secretary of State for Health
Gerald Malone
Minister of State,
Department of Health
19th March 1996


text:
Citation and commencement
1
These Regulations may be cited as the War Pensions Committees (Amendment) Regulations 1996, and shall come into force
a
for the purposes of paragraphs (5), (7) and (10) of Regulation 2, and paragraph (1) of that Regulation so far as it relates to those paragraphs, on 5th August 1996; and
b
for all other purposes on 1st April 1997.
Amendment of the War Pensions Committees Regulations 1990
2
1
Schedule 1 to the War Pensions Committees Regulations 1990 shall be amended in accordance with the following paragraphs of this Regulation.
2
In the entry relating to the Central Southern England War Pensions Committee, in the second column, after the words “Isle of Wight” there shall be inserted the words “Portsmouth, Southampton” .
3
In the entry relating to the Chilterns War Pensions Committee, in the second column, after “Hertfordshire” there shall be inserted the words “Luton , Milton Keynes ”.
4
In the entry relating to the Derbyshire, Leicestershire and Staffordshire War Pensions Committee, in the second column, for the words “Derbyshire, Leicestershire and Staffordshire”, there shall be substituted the words “Derby, Derbyshire, Leicester, Leicestershire, Rutland, Staffordshire and Stoke on Trent .”.
5
In the entry relating to the Essex War Pensions Committee, in the second column, for the word “Havering” there shall be substituted the words “Dagenham, Havering, Newham”.
6
In the entry relating to the Northumbria War Pensions Committee, after “of” there shall be inserted the word “Darlington,” .
7
In the entry relating to the South West Midlands War Pensions Committee, after “Shropshire” there shall be inserted the words “and the metropolitan boroughs of Dudley, Sandwell, Walsall and Wolverhampton”.
8
In the entry relating to the Sussex War Pensions Committee, in the second column, after “Sussex” there shall be inserted the words “and Brighton and Hove” .
9
In the entry relating to the West of England War Pensions Committee, for the words in the second column there shall be substituted the words “the counties of Bath and North East Somerset, Bournemouth , the City of Bristol, Dorset, Gloucestershire, North West Somerset, Poole, South Gloucestershire, Thamesdown and Wiltshire.”.
10
For the entry relating to the West Midlands, Warwickshire and Northamptonshire War Pensions Committee there shall be substituted the following entry —
West Midlands, Northamptonshire and Warwickshire War Pensions Committee The counties of Northamptonshire and Warwickshire, the Cities of Birmingham and Coventry and the metropolitan borough of Solihull.
.
Signed by authority of the Secretary of State for Social Security.
MacKay of Ardbrecknish
Minister of State,
Department of Social Security
8th July 1996