type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations, which may be cited as the Social Security (Jobseeker’s Allowance Consequential Amendments) (Deductions) Regulations 1996, shall come into force on 7th October 1996.
2
In these Regulations —
“the Community Charges Regulations ” means the Community Charges (Deductions from Income Support) ( No. 2) Regulations 1990 ;
“the Community Charges (Scotland) Regulations ” means the Community Charges (Deductions from Income Support) (Scotland) Regulations 1989 ;
“the Council Tax Regulations ” means the Council Tax (Deductions from Income Support) Regulations 1993 ;
“the Fines Regulations ” means the Fines (Deductions from Income Support) Regulations 1992 .
Amendment of regulation 1 of the Community Charges (Scotland) Regulations
2
In regulation 1(2) of the Community Charges (Scotland) Regulations —
a
in the definition of “appropriate social security office” for the words “Department of Employment” there are substituted the words “Department for Education and Employment”, and for the words “unemployment benefit” there are substituted the words “jobseeker’s allowance and income support”;
b
in the definition of “income support”, there are added at the end of the words “but does not include any back to work bonus under section 26 of the Jobseekers Act which is paid as income support;”;
c
after that definition there are inserted the following definitions —
“Jobseekers Act” means the Jobseekers Act 1995 ;
“jobseeker’s allowance” means an allowance under Part I of the Jobseekers Act but does not include any back to work bonus under section 26 of that Act which is paid as jobseeker’s allowance;
;
d
after the definition of “payments to third parties” there are inserted the following definitions —
“personal allowance for a couple where both members are aged not less than 18” means the amount specified in paragraph 1(3)(c) of Schedule 2 to the Income Support Regulations 1987 , or, as the case may be, the amount specified in paragraph 1(3)(e) of Schedule 1 to the Jobseeker’s Allowance Regulations 1996 ;
“personal allowance for a single claimant aged not less than 25” means the amount specified in paragraph 1(1)(e) of Schedule 2 to the Income Support Regulations 1987, or, as the case may be, the amount specified in paragraph 1(1)(e) of Schedule 1 to the Jobseeker’s Allowance Regulations 1996;
.
Amendment of regulation 2 of the Community Charges (Scotland) Regulations
3
1
For the heading of regulation 2 of the Community Charges (Scotland) Regulations there is substituted the following heading —
Deductions from income support or jobseeker’s allowance
.
2
Regulation 2 of the Community Charges (Scotland) Regulations is amended in accordance with the following provisions of this regulation.
3
In paragraph (1) after the words “income support” there are inserted the words “or jobseeker’s allowance”.
4
In paragraph (2)(e) after the words “income support” there are inserted the words “or jobseeker’s allowance”.
5
In paragraph (4) —
a
in sub-paragraph (a) after the words “income support” in each place where they occur there are inserted the words “or income-based jobseeker’s allowance”;
b
after sub-paragraph (a) there is inserted the following sub-paragraph —
aa
whether there is sufficient entitlement to contribution-based jobseeker’s allowance to enable the Secretary of State to make any deduction, and for this purpose the adjudication officer shall determine that there is sufficient entitlement if the amount of contribution-based jobseeker’s allowance payable before any deduction under these regulations is equal to or more than one-third of the age-related amount applicable to the debtor under section 4(1)(a) of the Jobseekers Act;
;
c
in sub-paragraph (b) after the words “income support” there are inserted the words “or jobseeker’s allowance”.
Insertion of regulation 2A of the Community Charges (Scotland) Regulations
4
After regulation 2 of the Community Charges (Scotland) Regulations there is inserted the following regulation —
Deductions from debtor’s jobseeker’s allowance
2A
1
Where the adjudication officer has determined that there is sufficient entitlement to income-based jobseeker’s allowance, the Secretary of State may deduct —
a
in a case to which regulation 2(4)(a)(i) applies, a sum equal to 5 per cent. of the personal allowance for a single claimant aged not less than 25; or
b
in a case to which regulation 2(4)(a)(ii) applies, and subject to paragraph (4), a sum equal to 5 per cent. of the personal allowance for a couple where both members are aged not less than 18,
and pay that sum to the levying authority towards satisfaction of any outstanding sum which is or forms part of the amount in respect of which the summary warrant or decree was granted.
2
Subject to paragraph (3), where the adjudication officer has determined that there is sufficient entitlement to contribution-based jobseeker’s allowance, the Secretary of State may deduct a sum equal to one-third of the age-related amount applicable to the debtor under section 4(1)(a) of the Jobseekers Act, and pay that sum to the levying authority towards satisfaction of any outstanding sum which is or forms part of the amount in respect of which the summary warrant or decree was granted.
3
For the purposes of paragraph (2) where the sum that would otherwise fall to be deducted includes a fraction of a penny, the sum to be deducted shall be rounded down to the next whole penny.
4
In a case to which paragraphs (1)(b) and (2) apply, deductions shall be made in accordance with paragraph (2).
.
Amendment of regulation 4 of the Community Charges (Scotland) Regulations
5
In regulation 4 of the Community Charges (Scotland) Regulations after the words “income support” in each place where they occur, other than in paragraph (1)(b), there are inserted the words “or jobseeker’s allowance”.
Amendment of regulation 1 of the Community Charges Regulations
6
In regulation 1(2) of the Community Charges Regulations —
a
in the definition of “appropriate social security office” for the words “Department of Employment” there are substituted the words “Department for Education and Employment”, and for the words “unemployment benefit” there are substituted the words “jobseeker’s allowance and income support”;
b
in the definition of “income support”, there are added at the end the words “but does not include any back to work bonus under section 26 of the Jobseekers Act which is paid as income support;”;
c
after that definition there are inserted the following definitions —
“Jobseekers Act” means the Jobseekers Act 1995 ;
“jobseeker’s allowance” means an allowance under Part I of the Jobseekers Act but does not include any back to work bonus under section 26 of that Act which is paid as jobseeker’s allowance;
.
Amendment of regulation 2 of the Community Charges Regulations
7
1
For the heading of regulation 2 of the Community Charges Regulations there is substituted the following heading —
Deductions from income support or jobseeker’s allowance
.
2
Regulation 2 of the Community Charges Regulations is amended in accordance with the following provisions of this regulation.
3
In paragraph (1) after the words “income support” in each place where they occur there are inserted the words “or jobseeker’s allowance”.
4
In paragraph (2)(e) after the words “income support” there are inserted the words “or jobseeker’s allowance”.
5
In paragraph (4) —
a
in sub-paragraph (a) —
i
after the words “income support” in the first and last place where they occur, there are inserted the words “or income-based jobseeker’s allowance”;
ii
in head (i), after the words “paragraph 1(1)(e)” there are inserted the words “or, as the case may be, paragraph 1(1)(e) of Schedule 1 to the Jobseeker’s Allowance Regulations 1996 ”; and
iii
in head (ii), after the words “income support” in the first place where they occur there are inserted the words “or income-based jobseeker’s allowance”, and after the words “paragraph 1(3)(c)” there are inserted the words “or, as the case may be, paragraph 1(3)(e) of Schedule 1 to the Jobseeker’s Allowance Regulations 1996”;
b
after sub-paragraph (a) there is inserted the following sub-paragraph —
aa
whether there is sufficient entitlement to contribution-based jobseeker’s allowance to enable the Secretary of State to make any deduction, and for this purpose the adjudication officer shall determine that there is sufficient entitlement if the amount of contribution-based jobseeker’s allowance payable before any deduction under these regulations is equal to or more than one-third of the age-related amount applicable to the debtor under section 4(1)(a) of the Jobseekers Act;
;
c
in sub-paragraph (b) after the words “income support” there are inserted the words “or jobseeker’s allowance”.
Insertion of regulation 2A of the Community Charges Regulations
8
After regulation 2 of the Community Charges Regulations there is inserted the following regulation —
Deductions from debtor’s jobseeker’s allowance
2A
1
Where the adjudication officer has determined that there is sufficient entitlement to income-based jobseeker’s allowance, the Secretary of State may deduct —
a
in a case to which regulation 2(4)(a)(i) applies, a sum equal to 5 per cent. of the personal allowance for a single claimant aged not less than 25; or
b
in a case to which regulation 2(4)(a)(ii) applies, and subject to paragraph (4), a sum equal to 5 per cent. of the personal allowance for a couple where both members are aged not less than 18,
and pay that sum to the authority towards satisfaction of any outstanding sum which is or forms part of the amount in respect of which the liability order was made.
2
Subject to paragraph (3), where the adjudication officer has determined that there is sufficient entitlement to contribution-based jobseeker’s allowance, the Secretary of State may deduct a sum equal to one-third of the age-related amount applicable to the debtor under section 4(1)(a) of the Jobseekers Act, and pay that sum to the authority towards satisfaction of any outstanding sum which is or forms part of the amount in respect of which the liability order was made.
3
For the purposes of paragraph (2) where the sum that would otherwise fall to be deducted includes a fraction of a penny, the sum to be deducted shall be rounded down to the next whole penny.
4
In a case to which paragraphs (1)(b) and (2) apply, deductions shall be made in accordance with paragraph (2).
.
Amendment of regulation 4 of the Community Charges Regulations
9
In regulation 4 of the Community Charges Regulations after the words “income support”, in each place where they occur, there are inserted the words “or jobseeker’s allowance”.
Amendment of regulation 1 of the Fines Regulations
10
In regulation 1(2) of the Fines Regulations —
a
in the definition of “benefit week” there are added at the end the words “or, as the case may be, regulation 1(3) of the Jobseeker’s Allowance Regulations 1996 ;”;
b
after the definition of “5 per cent. of the personal allowance for a single claimant aged not less than 25” there is inserted the following definition —
“income support” means income support under Part VII of the Social Security Contributions and Benefits Act 1992 , but does not include any back to work bonus under section 26 of the Jobseekers Act which is paid as income support;
;
c
after the definition of “Income Support Regulations” there are inserted the following definitions —
“Jobseekers Act” means the Jobseekers Act 1995 ;
“jobseeker’s allowance” means an allowance under Part I of the Jobseekers Act but does not include any back to work bonus under section 26 of that Act which is paid as jobseeker’s allowance;
;
d
in the definition of “personal allowance for a single claimant aged not less than 25” there are added at the end the words “or, as the case may be, the amount specified in paragraph 1(1)(e) of Schedule 1 to the Jobseeker’s Allowance Regulations 1996;”;
e
in the definition of “social security office”, for the words “Department of Employment” there are substituted the words “Department for Education and Employment”, and for the words “unemployment benefit” there are substituted the words “jobseeker’s allowance and income support”.
Amendment of regulation 2 of the Fines Regulations
11
1
For the heading of regulation 2 of the Fines Regulations there is substituted the following heading —
Application for deductions from income support or jobseeker’s allowance
.
2
In paragraph (1) of regulation 2 of the Fines Regulations after the words “income support” in each place where they occur there are inserted the words “or jobseeker’s allowance”.
Amendment of regulation 4 of the Fines Regulations
12
1
Regulation 4 of the Fines Regulations is amended in accordance with the following provisions of this regulation.
2
In paragraph (1), after the words “income support” there are inserted the words “or jobseeker’s allowance”.
3
In paragraph (2), after the words “income support”, in both places where they occur, there are inserted the words “or income-based jobseeker’s allowance”.
4
After paragraph (2) there is inserted the following paragraph —
2A
The adjudication officer shall determine that there is sufficient entitlement to contribution-based jobseeker’s allowance to enable the Secretary of State to make a deduction if the amount of contribution-based jobseeker’s allowance payable before any deduction under these regulations is equal to or more than one-third of the age-related amount applicable to the offender under section 4(1)(a) of the Jobseekers Act.
.
5
In paragraph (3), after the words “income support” there are inserted the words “or jobseeker’s allowance”.
Amendment of regulation 6 of the Fines Regulations
13
1
For the heading of regulation 6 of the Fines Regulations there is substituted the following heading —
Deductions from offender’s income support or income-based jobseeker’s allowance
.
2
In regulation 6 of the Fines Regulations after the words “income support” there are inserted the words “or income-based jobseeker’s allowance”.
Insertion of regulation 6A of the Fines Regulations
14
After regulation 6 of the Fines Regulations there is inserted the following regulation —
Deductions from offender’s contribution-based jobseeker’s allowance
6A
1
Subject to paragraphs (2) and (3), where the adjudication officer has determined that there is sufficient entitlement to contribution-based jobseeker’s allowance, the Secretary of State may deduct a sum equal to one-third of the age-related amount applicable to the offender under section 4(1)(a) of the Jobseekers Act, and pay that sum to the court towards satisfaction of the fine or the sum required to be paid by the compensation order.
2
No deduction shall be made under this regulation where a deduction is being made from the offender’s contribution-based jobseeker’s allowance under the Community Charges (Deductions from Income Support) (No. 2) Regulations 1990 , the Community Charges (Deductions from Income Support) (Scotland) Regulations 1989 or the Council Tax (Deductions from Income Support) Regulations 1993 .
3
Where the sum that would otherwise fall to be deducted under this regulation includes a fraction of a penny, the sum to be deducted shall be rounded down to the next whole penny.
.
Amendment of regulation 7 of the Fines Regulations
15
1
Regulation 7 of the Fines Regulations is amended in accordance with the following provisions of this regulation.
2
In paragraph (1) —
a
after the words “income support” in both places where they occur there are inserted the words “or jobseeker’s allowance”; and
b
after the words “regulation 6” there are inserted the words “or 6A”.
3
In paragraphs (2), (3), (4) and (6) after the words “income support” in each place where they occur there are inserted the words “or jobseeker’s allowance”.
Amendment of Schedule 3 to the Fines Regulations
16
In Schedule 3 to the Fines Regulations (form of application) —
a
after the words “by way of income support” there are inserted the words “/jobseeker’s allowance*”; and
b
at the end of the form there are inserted the words “*Delete words not applicable”.
Amendment of regulation 1 of the Council Tax Regulations
17
In regulation 1(2) of the Council Tax Regulations —
a
in the definition of “benefit week” there are added at the end the words “or, as the case may be, regulation 1(3) of the Jobseeker’s Allowance Regulations 1996 ;”;
b
in the definition of “income support”, there are added at the end the words “but does not include any back to work bonus under section 26 of the Jobseekers Act which is paid as income support;”;
c
after that definition there are inserted the following definitions —
“Jobseekers Act” means the Jobseekers Act 1995 ;
“jobseeker’s allowance” means an allowance under Part I of the Jobseekers Act but does not include any back to work bonus under section 26 of that Act which is paid as jobseeker’s allowance;
;
d
in the definition of “personal allowance for a single claimant aged not less than 25” there are added at the end the words “or, as the case may be, the amount specified in paragraph 1(1)(e) of Schedule 1 to the Jobseeker’s Allowance Regulations 1996;”;
e
in the definition of “social security office”, for the words “Department of Employment” there are substituted the words “Department for Education and Employment”, and for the words “unemployment benefit” there are substituted the words “jobseeker’s allowance and income support”.
Amendment of regulation 2 of the Council Tax Regulations
18
1
For the heading of regulation 2 of the Council Tax Regulations there is substituted the following heading —
Application for deductions from income support or jobseeker’s allowance: England and Wales
.
2
In regulation 2 of the Council Tax Regulations after the words “income support” in each place where they occur there are inserted the words “or jobseeker’s allowance”.
Amendment of regulation 3 of the Council Tax Regulations
19
1
For the heading of regulation 3 of the Council Tax Regulations there is substituted the following heading —
Application for deductions from income support or jobseeker’s allowance: Scotland
.
2
In regulation 3 of the Council Tax Regulations after the words “income support” in each place where they occur there are inserted the words “or jobseeker’s allowance”.
Amendment of regulation 4 of the Council Tax Regulations
20
In regulation 4(1)(f) of the Council Tax Regulations after the words “income support” there are inserted the words “or jobseeker’s allowance”.
Amendment of regulation 5 of the Council Tax Regulations
21
1
Regulation 5 of the Council Tax Regulations is amended in accordance with the following provisions of this regulation.
2
In paragraph (1) after the words “income support” there are inserted the words “or jobseeker’s allowance”.
3
In paragraph (2) after the words “income support”, in both places where they occur, there are inserted the words “or income-based jobseeker’s allowance”.
4
After paragraph (2) there is inserted the following paragraph —
2A
The adjudication officer shall determine that there is sufficient entitlement to contribution-based jobseeker’s allowance to enable the Secretary of State to make a deduction if the amount of contribution-based jobseeker’s allowance payable before any deduction under these regulations is equal to or more than one-third of the age-related amount applicable to the debtor under section 4(1)(a) of the Jobseekers Act.
.
5
In paragraph (3) after the words “income support” there are inserted the words “or jobseeker’s allowance”.
Amendment of regulation 7 of the Council Tax Regulations
22
1
For the heading of regulation 7 of the Council Tax Regulations there is substituted the following heading —
Deductions from debtor’s income support or income-based jobseeker’s allowance
.
2
In regulation 7 of the Council Tax Regulations after the words “income support” there are inserted the words “or income-based jobseeker’s allowance”.
Insertion of regulation 7A of the Council Tax Regulations
23
After regulation 7 of the Council Tax Regulations there is inserted the following regulation —
Deductions from debtor’s contribution-based jobseeker’s allowance
7A
1
Subject to paragraph (2), where the adjudication officer has determined that there is sufficient entitlement to contribution-based jobseeker’s allowance, the Secretary of State may deduct a sum equal to one-third of the age-related amount applicable to the debtor under section 4(1)(a) of the Jobseekers Act, and pay that sum to the authority towards satisfaction of any outstanding sum which is or forms part of the amount in respect of which the liability order was made or the summary warrant or decree was granted.
2
Where the sum that would otherwise fall to be deducted under this regulation includes a fraction of a penny, the sum to be deducted shall be rounded down to the next whole penny.
.
Amendment of regulation 8 of the Council Tax Regulations
24
1
Regulation 8 of the Council Tax Regulations is amended in accordance with the following provisions of this regulation.
2
In paragraph (1) —
a
for the words “income support under regulation 7” there are substituted the words “income support or jobseeker’s allowance under regulation 7 or 7A”; and
b
in sub-paragraph (a) after the words “income support” there are inserted the words “or jobseeker’s allowance”.
3
In paragraphs (2), (3) and (5) after the words “income support” in each place where they occur there are inserted the words “or jobseeker’s allowance”.
Amendment of Schedule 9 to the Social Security (Claims and Payments) Regulations 1987
25
1
Schedule 9 to the Social Security (Claims and Payments) Regulations 1987 (deductions from benefit and direct payment to third parties) is amended in accordance with the following provisions of this regulation.
2
In paragraph 1(1) , after the definition of “the Community Charges (Scotland) Regulations” there is inserted the following definition —
“contribution-based jobseeker’s allowance” means any contribution-based jobseeker’s allowance which does not fall within the definition of “specified benefit ”;
.
3
After paragraph 7A there is inserted the following paragraph —
Arrears of child support maintenance
7B
1
Where a beneficiary is entitled to contribution-based jobseeker’s allowance and an arrears notice has been served on the beneficiary, the Secretary of State may request in writing that an amount in respect of arrears of child support maintenance be deducted from the beneficiary’s jobseeker’s allowance.
2
Where a request is made in accordance with sub-paragraph (1), the adjudicating authority shall determine that an amount in respect of the arrears of child support maintenance shall be deducted from the beneficiary’s jobseeker’s allowance for transmission to the person entitled to it.
3
Subject to sub-paragraphs (4) and (5), the amount to be deducted under sub-paragraph (2) shall be the weekly amount requested by the Secretary of State, subject to a maximum of one-third of the age-related amount applicable to the beneficiary under section 4(1)(a) of the Jobseekers Act.
4
No deduction shall be made under this paragraph where a deduction is being made from the beneficiary’s contribution-based jobseeker’s allowance under the Community Charges Regulations, the Community Charges (Scotland) Regulations, the Fines Regulations or the Council Tax Regulations.
5
Where the sum that would otherwise fall to be deducted under this paragraph includes a fraction of a penny, the sum to be deducted shall be rounded down to the next whole penny.
6
In this paragraph —
“arrears notice” means a notice served in accordance with regulation 2(2) of the Child Support (Arrears, Interest and Adjustment of Maintenance Assessments) Regulations 1992 ; and
“child support maintenance” means such periodical payments as are referred to in section 3(6) of the Child Support Act 1991 .
Signed by authority of the Secretary of State for Social Security.
Roger Evans
Parlimentary Under-Secretary of State,
Department of Social Security
10th September 1996


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Medicines (Products for Human Use — Fees) Amendment Regulations 1996 and shall come into force on 1st April 1996.
2
In these Regulations “the principal Regulations ” means the Medicines (Products for Human Use — Fees) Regulations 1995 .
Amendment of regulation 2 of the principal Regulations
2
In regulation 2(1) (interpretation) of the principal Regulations, for the definition of“change of ownership application” substitute —
“change of ownership application” means an application —
for —
a marketing authorization for a medicinal product in respect of which another person holds a marketing authorization;
a manufacturer’s licence for activities in respect of which another person holds a manufacturer’s licence; or
a wholesale dealer’s licence for activities in respect of which another person holds a wholesale dealer’s licence;
which refers to particulars which are in all material respects identical to the particulars of the marketing authorization, manufacturer’s licence, or wholesale dealer’s licence which is held by that other person; and
which includes a statement to the effect that that other person intends to cease the activities to which his marketing authorization or licence relates and has consented in writing to the making of the application.
and in this definition particulars do not include particulars relating to the name and address of the applicant, the labelling of any medicinal product or the content of any leaflet relating to such a product;
.
Amendment of amounts specified in the principal Regulations
3
In each provision of the principal Regulations specified in the entries in column (1) (the content of which is described in column (2)) of the Schedule to these Regulations, for the amount specified opposite that provision in column (3) substitute the amount specified opposite that provision in column (4).
Amendment of regulation 14 of the principal Regulations
4
In regulation 14 (periodic fees) of the principal Regulations —
a
in paragraph (4) omit “or licence”;
b
at the end add the following paragraph —
6
No periodic fee shall be payable in respect of the fee period during which a manufacturer’s or wholesale dealer’s licence is first granted except where —
a
that licence is granted pursuant to a change of ownership application; and
b
no periodic fee has been paid in respect of that fee period in connection with the manufacturer’s or wholesale dealer’s licence which is mentioned in that application in the statement of intention to cease activities.
.
Amendment of Schedule 1 to the principal Regulations
5
1
For paragraph 5(1)(b) (manufacturer’s licences) of Part II of Schedule 1 (capital fees for applications for marketing authorizations, licences and certificates) to the principal Regulations substitute —
b
in the case of a change of ownership application, £180;
c
in any other case, £1,690.
.
2
In paragraph 6 (wholesale dealer’s licences) of Part II of Schedule 1 to the principal Regulations —
a
in sub-paragraph (1) for “sub-paragraph (2)” substitute “sub-paragraphs (2) and (4)”;
b
in sub-paragraph (2) for “The fee payable” substitute “Subject to paragraph (4), the fee payable”;
c
after sub-paragraph (3) add
4
The fee payable under regulation 4(a) in connection with a change of ownership application shall be £210.
.
3
In paragraph 1 (marketing authorizations) of Part III (capital fees for variations) of Schedule 1 to the principal Regulations —
a
in the definition of “Type II Application” omit “or a product licence of right”;
b
in the definition of “Type II complex variation” —
i
in sub-paragraph (a) after “following” insert “changes, other than a change to which paragraph 1 (changes to active substances) or paragraph 3 (changes to strength, pharmaceutical form and route of administration) of Annex II to Commission Regulation ( EC ) No. 541/95 applies”;
ii
at the end of sub-paragraph (b) insert “or”;
iii
for sub-paragraph (c) substitute —
c
in the composition, manufacture or use of a medicinal product to which —
i
paragraph (c), (e), (g), (h), (j) or (n) of the definition of complex application in this Schedule would apply where an application for a marketing authorization is made in respect of a medicinal product; or
ii
paragraph (i) of that definition would so apply and the change is not a minor variation which satisfies the condition specified in point 11 (specifications, synthetic route and quality control procedures the same as those already approved or a European Pharmacopoeia Certificate of suitability covering the active substance submitted) of Annex I to Commission Regulation (EC) No. 541/95 .
.
4
In paragraph 6(a) (fees for variation of marketing authorizations (parallel import)) of Part III of Schedule 1, after sub-paragraph (v) insert the following sub-paragraph —
vi
the addition or deletion of the name and address of the suppliers of the medicinal product to which the authorization relates, or a change in the name, the address, or both the name and address, of the suppliers of that product;
.
Amendment of Schedule 3 to the principal Regulations
6
1
In paragraph 1 (interpretation) of Part I of Schedule 3 (periodic fees) to the principal Regulations, in the definition of “maintenance fee”, in sub-paragraph (b) for “the relevant calendar year” substitute “that period”.
2
For paragraph 3 (derivatives of new active substances) of Part III (periodic fees for marketing authorizations and licences) of Schedule 3 to the principal Regulations substitute —
3
Subject to paragraph 4, where a marketing authorization is held in respect of a derivative of a new active substance, the fee payable under regulation 14(3) shall be —
a
where it has a different route of administration from that of the new active substance, £4,800;
b
in any other case, £3,400.
.
3
In paragraph 4 (transitional arrangements for periodic fees) of Part III of Schedule 3 to the principal Regulations omit sub-paragraphs (1) and (2).
4
In Part IV (marketing authorizations for which a single periodic fee is payable) of Schedule 3 to the principal Regulations omit paragraph 2 (homoeopathic or anthroposophic products).
Amendment of Schedule 5 to the principal Regulations
7
1
In paragraph 3(1)(c) (withdrawal of application after a request to supply information) of Schedule 5 (waiver, reduction or refund of capital fees) to the principal Regulations, after “of the Act” insert “or in pursuance of a Community provision which applies to applications for marketing authorizations”.
2
After paragraph 4 (fees for manufacturer’s and wholesale dealer’s licences) of Schedule 5 to the principal Regulations insert —
4A
1
Where an application for the grant of a marketing authorization or a clinical trial certificate is refused by the licensing authority and —
a
the information contained in it, or submitted with it, was not sufficient to enable a full medical, scientific or pharmaceutical assessment to be undertaken; and
b
if the applicant had withdrawn it before it was refused, part of the fee payable in respect of it would have been refunded or waived under paragraph 3;
there shall be refunded or waived the amount which would have been refunded or waived if the application had been withdrawn before it was refused by the licensing authority.
.
3
In Schedule 5 to the principal Regulations omit paragraph 6(3) (fees for variations).
4
After paragraph 6 of Schedule 5 to the principal Regulations insert —
7
1
Subject to sub-paragraphs (2) and (3), where an applicant applies to vary a marketing authorization in the circumstances set out in paragraph 4(4) of Part III of Schedule 3, the fee payable under regulation 7(1) shall be refunded or waived.
2
Subject to paragraph (3), where an applicant on the same occasion submits more than one such application which relates to medicinal products containing the same active ingredients but no other active ingredient, sub-paragraph (1) shall apply only to one of those applications.
3
Where in respect of any two or more of the applications mentioned in sub-paragraph (2) provision is made for fees of different amounts by paragraphs 13 and 14 of Part III of Schedule 1, sub-paragraph (1) shall apply to the application in respect of which those paragraph makes provision for the higher or highest fee
.
Signed by authority of the Secretary of State for Health
Gerald Malone
Minister of State
Department of Health
22nd February 1996
William Hague
Secretary of State for Wales
27th February 1996
James Douglas Hamilton
Minister of State, Scottish Office
27th February 1996
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
5th March 1996
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on
F. A. Elliott
Permanent Secretary
28th February 1996.
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland on
J. Murray
Permanent Secretary
26th February 1996.
We consent,
Derek Conway
Simon Burns
Two of the Lords Commissioners of Her Majesty’s Treasury
7th March 1996.


text:
Citation and commencement
1
This Order may be cited as the Housing (Right to Buy) (Prescribed Persons) (Amendment) Order 1996 and shall come into force on 12th November 1996.
Amendment
2
In Schedule 1 to the Housing (Right to Buy) (Prescribed Persons) Order 1992:
a
after “the Electricity Council” insert “the English Sports Council”; and
b
after “the United Kingdom Atomic Energy Authority” insert “the United Kingdom Sports Council”.
David Curry
Minister of State,
Department of the Environment
10th October 1996
William Hague
Secretary of State for Wales
15th October 1996


text:
1
This Instrument may be cited as “The City of Manchester (Mancunian Way A57(M)) (Chester Road Roundabout) Motorway Scheme 1995 Confirmation Instrument 1996” and shall come into force on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
2
The City of Manchester (Mancunian Way A57(M)) (Chester Road Roundabout) Motorway Scheme 1995 (“the Scheme”) is hereby confirmed with modifications.
3
The Scheme as confirmed is set out in the Schedule hereto and copies of the Scheme with its accompanying plan as modified are deposited at the offices of the Council of The City of Manchester at the Town Hall, Albert Square, Manchester M60 2LA.
Signed by the authority of the Secretary of State for Transport
Pamela Denham
Regional Director Government Office for the North East
22nd August 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Financial Services Act 1986 (Exemption) Order 1996.
2
Articles 1 and 2 of this Order shall come into force on 10th July 1996 and article 3 shall come into force on 15th July 1996.
3
In this Order —
“Operator” means a person approved as such by the Treasury under the Uncertificated Securities Regulations 1995 ;
“dematerialised instruction” has the meaning given in the Uncertificated Securities Regulations 1995; and
the expression “properly authenticated”, when used to describe a dematerialised instruction shall be construed in accordance with regulation 3(2)(a) of those Regulations.
Exemption of Operator
2
An Operator is an exempted person as respects anything done by him, otherwise than in his capacity as a person providing clearing services for the transaction of investment business, for the purposes of operating a computer-based system and procedures which —
a
enable title to investments to be evidenced and transferred without a written instrument; and
b
facilitate matters supplementary and incidental to those specified in sub-paragraph (a) above.
Exemption of network providers
3
A person who engages in an activity within paragraph 16A of Schedule 1 to the Financial Services Act 1986 in the course of providing a network, the purpose of which is to carry dematerialised instructions which are at all times properly authenticated, is an exempted person as respects an activity falling within that paragraph of that Schedule in which he engages as a necessary part of his provision of that network.
Simon Burns
Michael Bates
Two of the Lords Commissioners of Her Majesty’s Treasury
19th June 1996


text:
Citation and commencement
1
1
This Order may be cited as the Bridlington Harbour Revision Order 1996 and shall come into force on 12 December 1996.
2
The Bridlington Harbour Act and Orders 1837 to 1984 and this Order may be cited together as the Bridlington Harbour Act and Orders 1837 to 1996.
Interpretation
2
In this Order —
“the Commissioners” means the Bridlington Piers and Harbour Commissioners as incorporated and constituted by the Bridlington Harbour Order 1928 ;
“deposited plans and sections” means the plans and sections prepared in triplicate, signed by an Assistant Secretary in the Ministry of Agriculture, Fisheries and Food and marked “Bridlington Harbour Revision Order 1996”, of which two copies have been deposited at that Ministry and one copy has been deposited at the offices of the Commissioners at Harbour Office, Gummers Wharf, West End, Bridlington, East Yorkshire, YO15 3AN;
“limits of deviation” means the limits of deviation shown on the deposited plans;
“the level of high water” means the level of mean high-water springs;
“the Minister” means the Minister of Agriculture, Fisheries and Food;
“tidal work” means so much of any work authorised by this Order as is on, under or over tidal waters or tidal lands below the level of high water;
“Trinity House” means the Corporation of Trinity House of Deptford Strond;
“works” means the works authorised by this Order or, as the case may require, any part thereof.
Power to construct works
3
1
Subject to the provisions of this Order, the Commissioners may in the situations and lines and within the limits of deviation and according to the levels shown on the deposited plans and sections construct and maintain the works hereafter described, together with all necessary and proper works and conveniences connected with or incidental thereto, that is to say: —
Work No. 1 — Reclamation by infilling of part of the upper section of Bridlington harbour being the part shown enclosed by broken lines on the deposited plans and described thereon as “Limits of Deviation of Work No. 1” and incorporating a culvert to provide for the flow of the waters of the stream known as Gypsey Race through that part.
Work No. 2 — A slipway commencing at the termination of Work No. 1 at a point at TA1842766555, extending for a distance of 55 metres or thereabouts and terminating at a point at TA1848466545.
2
Map reference points specified in paragraph (1) above are Ordnance Survey National Grid reference points.
3
The Commissioners may within the limits of deviation alter, replace, relay or reconstruct the works.
Period for completion of works
4
If the works are not completed within 10 years from the coming into force of this Order, the powers by this Order granted to the Commissioners for constructing the works shall cease except as to so much thereof as is then substantially commenced.
Subsidiary works
5
Subject to the provisions of this Order, the Commissioners may from time to time, within the limits of deviation, construct and maintain all such necessary works and conveniences, and take such measures, as may be requisite or expedient for the purposes of or in connection with the construction, maintenance and use of the works.
Power to deviate
6
In constructing the works the Commissioners may deviate laterally from the lines or situations thereof shown on the deposited plans to the extent of the limits of deviation and may deviate vertically from the levels shown on the deposited sections to any extent upwards or downwards.
Tidal works not to be executed without approval of Minister
7
1
A tidal work shall not be constructed, altered, replaced, relaid or reconstructed except in accordance with plans and sections approved by the Minister and subject to any conditions and restrictions imposed by the Minister before the work is begun.
2
If a tidal work is constructed, altered, replaced, relaid or reconstructed in contravention of this article or of any condition or restriction imposed under this article —
a
the Minister may by notice in writing require the Commissioners at their own expense to remove the tidal work or any part thereof and restore the site thereof to its former condition; and, if on the expiration of 30 days from the date when the notice is served upon the Commissioners they have failed to comply with the requirements of the notice, the Minister may execute the works specified in the notice; or
b
if it appears to the Minister urgently necessary so to do he may remove the tidal work or part of it and restore the site to its former condition;
and any expenditure incurred by the Minister in so doing shall be recoverable from the Commissioners.
Provision against danger to navigation
8
1
In case of injury to, or destruction or decay of, a tidal work or any part thereof, the Commissioners shall as soon as reasonably practicable notify Trinity House and shall lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as Trinity House shall from time to time direct.
2
If the Commissioners fail to notify Trinity House as required by this article or to comply in any respect with a direction given under this article, they shall be liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Abatement of works abandoned or decayed
9
1
Where a tidal work is abandoned or suffered to fall into decay, the Minister may by notice in writing require the Commissioners at their own expense either to repair and restore the work or any part thereof, or to remove the work and restore the site thereof to its former condition, to such an extent and within such limits as the Minister thinks proper.
2
Where a work consisting partly of a tidal work and partly of works on or over land above the level of high water is abandoned or suffered to fall into decay and that part of the work on or over land above the level of high water is in such condition as to interfere, or to cause reasonable apprehension that it may interfere, with the right of navigation or other public rights over the foreshore, the Minister may include that part of the work, or any portion thereof, in any notice under this article.
3
If, on the expiration of 30 days from the date when a notice under this article is served upon the Commissioners they have failed to comply with the requirements of the notice, the Minister may execute the work specified in the notice and any expenditure incurred by the Minister in so doing shall be recoverable from the Commissioners.
Survey of tidal works
10
The Minister may at any time, if he deems it expedient, order a survey and examination of a tidal work or of the site upon which it is proposed to construct the work and any expenditure incurred by the Minister in any such survey and examination shall be recoverable from the Commissioners.
Permanent lights on tidal works
11
1
After the completion of a tidal work the Commissioners shall at the outer extremity thereof exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation as Trinity House shall from time to time direct.
2
If the Commissioners fail to comply in any respect with a direction given under this article, they shall be liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine provided that it shall be a defence for the Commissioners to prove that all due diligence was used to secure compliance with any such direction.
Lights on tidal works during construction etc.
12
1
The Commissioners shall at or near a tidal work during the whole time of the construction, alteration, replacement, relaying or reconstruction thereof exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation as the Secretary of State for Transport shall from time to time direct.
2
If the Commissioners fail to comply in any respect with a direction given under this article, they shall be liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine provided that it shall be a defence for the Commissioners to prove that all due diligence was used to secure compliance with any such direction.
Crown rights
13
1
Nothing in this Order shall affect prejudicially any estate, right, power, privilege, authority or exemption of the Crown and in particular and without prejudice to the generality of the foregoing, nothing in this Order shall authorise any person to take, use, enter upon or in any manner intentionally or recklessly tamper with, any land or hereditaments (including any part of the shore or bed of the sea or of any river, channel, creek, bay or estuary) or any rights of whatsoever description —
a
belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners without the consent in writing of those Commissioners; or
b
belonging to a government department, or held in trust for Her Majesty for the purposes of a government department, without the consent in writing of that department.
2
A consent under paragraph (1) above may be given unconditionally or subject to such conditions and upon such terms as shall be considered necessary or appropriate.
For protection of the Environment Agency
14
1
For the protection of the Environment Agency (in this article referred to as “the Agency”) the following provisions shall, unless otherwise agreed in writing between the Commissioners and the Agency, have effect.
2
Nothing in this Order or in any enactment incorporated with or applied by this Order shall prejudice or affect the operation of section 109 of the Water Resources Act 1991 or any byelaws made under that Act or the Land Drainage Act 1991 in relation to anything done under or in pursuance of this Order.
3
a
Before carrying out any works which involve the erection or raising of any obstruction to the flow of any watercourse which is not part of a main river within the meaning of section 113 of the Water Resources Act 1991 or the construction, alteration or replacement of any culvert or any structure designed to contain or divert the flow of any such watercourse in, under or through any land held for the purpose of or in connection with the works, the Commissioners shall submit to the Agency proper and sufficient plans thereof for its approval.
b
Any works in respect of which plans are required to be submitted to the Agency for its approval under this paragraph shall not be carried out except in accordance with such plans as may be approved in writing by the Agency or as are settled in accordance with paragraph (6) below.
c
The approval of plans submitted under this paragraph shall not be unreasonably withheld and, if within two months after such plans have been supplied to the Agency, the Agency has neither given nor refused in writing its approval, together in the case of a refusal with a statement of the grounds for refusal, it shall be deemed to have approved the plans as submitted.
d
For the purposes of this article, “plans” includes sections, drawings, specifications, calculations and descriptions.
4
Any culvert or any structure designed to contain or divert the flow of any watercourse situated within any land held for the purpose of or in connection with the works, whether constructed under the powers conferred by this Order or in existence prior to the making hereof, shall be maintained by the Commissioners in good repair and condition and free from obstruction.
5
If any obstruction is erected or raised or any culvert is constructed, altered or replaced in contravention of this article, the Commissioners shall, upon receiving notice from the Agency, take such action as may be necessary to remedy the effect of the contravention to the Agency’s satisfaction and, in default, the Agency may itself take such action as may be necessary and recover the expenses reasonably incurred by it in so doing from the Commissioners as a debt due from them to the Agency.
6
Any dispute or difference which may arise between the Agency and the Commissioners under this article shall be referred to a single arbitrator to be agreed upon between the parties or, failing such agreement, to be appointed by the President for the time being of the Institution of Civil Engineers on the application of either party (after giving notice in writing to the other of them).
Borrowing powers
15
1
In section 23(1)(a) of the Order of 1928 (as substituted by article 3 of the Order of 1984 ), for the sum of £200,000 there shall be substituted the sum of £1,000,000 and in section 31(1) of the Order of 1928 (as substituted by article 4 of the Order of 1984), for the sum of £100,000 there shall be substituted the sum of £250,000.
2
In this article —
“the Order of 1928” means the Bridlington Harbour Order 1928 ; and
“the Order of 1984” means the Bridlington Harbour Revision Order 1984
In Witness whereof the official seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
A G Kuyk
Head of Fisheries Division 1
29th November 1996.


text:
1
These Regulations may be cited as the Merchant Shipping (Prevention of Pollution) (Limits) Regulations 1996 and shall come into force on 5th September 1996.
2
— The areas of sea defined in the Schedule to these Regulations, being above areas for the time being designated under section 1(7) of the Continental Shelf Act 1964 , are hereby specified as areas within which the jurisdiction and rights of the United Kingdom are exercisable in accordance with Part XII of the United Nations Convention on the Law of the Sea for the protection and preservation of the marine environment.
Malcolm Rifkind
Secretary of State for Foreign and Commonwealth Affairs
9th August 1996


text:
1
This Order may be cited as the Education (London Residuary Body) (Property Transfer) (Amendment) Order 1996 and shall come into force on 31st August 1996.
2
1
Article 4(10) of the Education (London Residuary Body) (Property Transfer) Order 1992 ( “the principal Order”) shall be revoked and the condition that the Hackney Sixth Form Centre, Cassland Road, E9 shall be disposed of and the proceeds of sale dealt with as required by Article 4(9) of that Order, if the former Shoreditch School and Site is brought into use as specified in Article 4(6A) of that Order, shall not apply.
2
The words “or (10)” in article 4(4) of the principal Order shall be revoked.
James Paice
Parliamentary Under-Secretary of State,
Department for Education and Employment
6th August 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Norfolk and Suffolk Broads (Extension of Byelaws) Order 1996 and shall come into force on 31st March 1996.
2
In this Order “ the Act ” means the Norfolk and Suffolk Broads Act 1988.
Byelaws
2
1
The byelaws listed in the Schedule hereto shall continue to have effect in relation to the navigation area until 31st March 1998 and may be amended or revoked by byelaws made by the Broads Authority under section 10 of the Act.
2
Any reference in the byelaws continued by this article to the authority or body by whom the byelaws were made, or to an officer or the offices of such authority or body shall be construed as a reference to the Broads Authority, the navigation officer appointed by the Broads Authority under section 10(7) of the Act for the area in question, or the offices of the Broads Authority, as the case may require.
Signed by authority of the Secretary of State for Transport
Goschen
Parliamentary Under Secretary of State
Department of Transport
4th March 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Heathlands Mental Health National Health Service Trust (Transfer of Trust Property) Order 1996, and shall come into force on 31st July 1996.
2
In this Order —
“the Authority” means the West Surrey Health Authority established on 1st April 1996 ;
“the old Authority” means the Western Surrey Health Authority established on 1st April 1995 and abolished on 1st April 1996 ;
“the Trust” means the Heathlands Mental Health National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the old Authority and the Trust on 29th November 1995, which schedule has been signed on behalf of both the old Authority and the Trust.
Transfer of trust property
2
On 31st July 1996 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State,
Department of Health
2nd July 1996


text:
Citation, Commencement and Application
1
1
This Order may be cited as the Avon (Staff Transfer) Order 1996 and shall come into force on 1st April 1996.
2
This Order makes provisions which are consequential or supplementary to the Avon (Structural Change) Order 1995 .
Interpretation
2
In this Order —
“Avon district council” has the same meaning as in the Avon (Structural Change) Order 1995);
“contract of employment” means a contract under which a person works for another person whether under a contract of service or apprenticeship or otherwise but does not include a contract for services;
“designated list” means the list marked “The Avon (Staff Transfer) Order 1996 Designated List” which is signed by the Secretary of State for the Environment, one copy of which is deposited with each of the four Avon district councils and one in the offices of the Secretary of State;
“employee” means a person employed under a contract of employment including a person employed under a fixed term contract the expiry date for which is after 31st March 1996, but does not include a person whose employment is on a temporary basis and who on 31st March 1996, has had a continuous period of employment (when calculated in accordance with section 151 of, and Schedule 13 to, the Employment Protection (Consolidation) Act 1978 ) of less than two years.
Transfer of Staff
3
1
This article shall apply to any employee (a “designated employee”) —
a
who immediately before 1st April 1996 (“the reorganisation date”) was employed by the Avon County Council;
b
whose employment would continue but for the abolition of that council; and
c
whose name is mentioned, or who falls within a class or description of employees which is mentioned, in the designated list.
2
The contract of employment of a designated employee shall not be terminated on the reorganisation date but shall have effect —
a
in the case of an employee who falls within a class or description of employees mentioned in any section of Part I of the designated list, as if originally made between that employee, and the district council mentioned at the head of that section;
b
in the case of an employee whose name is mentioned in any section of Part II of that list, as if originally made between that employee, and the district council mentioned at the head of that section.
3
This article is without prejudice to any provision of the Transfer of Undertakings (Protection of Employment) Regulations 1981 .
Signed by authority of the Secretary of State
Paul Beresford,
Parliamentary Under Secretary of State,
Department of the Environment
21st February 1996


text:
Citation and interpretation
1
1
This Order may be cited as the Housing Grants, Construction and Regeneration Act 1996 (Commencement No. 1) Order 1996.
2
In this Order “the Act”means the Housing Grants, Construction and Regeneration Act 1996.
Commencement
2
1
The following provisions of the Act shall come into force on 11th September 1996 —
section 74
section 79
section 86
section 89
section 94
2
So much of the following provisions of the Act as confers on the Secretary of State or the Lord Advocate a power to consult, to make orders, regulations or determinations, to give directions, guidance, approvals or consents, to specify matters, or to impose conditions shall come into force on 11th September 1996 —
sections 2 and 3
section 7
section 12
section 17
section 19
section 25
section 27
section 30
section 33
sections 44 to 47
sections 51 and 52
section 61
sections 63 and 64
sections 67 and 68
section 76
section 85
section 87
section 92
sections 101 and 102
sections 104 to 106
section 108
section 114
sections 131 to 135
section 139
section 140.
3
Section 125 of the Act so far as it relates to paragraphs 21(1) to (3) of Part III of Schedule 2 shall come into force on 1st October 1996.
Signed by authority of the Secretary of State
Paul Beresford
Parliamentary Under Secretary of State,
Department of the Environment
10th September 1996


text:
Citation and commencement
1
These Regulations may be cited as the Retirement Benefits Schemes (Tax Relief on Contributions) (Disapplication of Earnings Cap) (Amendment) Regulations 1996 and shall come into force on 1st January 1997.
Interpretation
2
In these Regulations “the principal Regulations ” means the Retirement Benefits Schemes (Tax Relief on Contributions) (Disapplication of Earnings Cap) Regulations 1990 and, except where the context otherwise requires, “regulation” means a regulation of the principal Regulations.
Amendments to the principal Regulations
3
In regulation 2(1) after the definition of “the Schedule” there shall be added the following definition —
“the Taxes Act ” means the Income and Corporation Taxes Act 1988 .
4
For the words “Income and Corporation Taxes Act 1988”, in each place where they occur in the principal Regulations other than in the definition of “the Taxes Act” in regulation 2(1) (inserted by regulation 3 of these Regulations), there shall be substituted the words “Taxes Act”.
5
After regulation 5 there shall be added the following regulation —
Mis-sold pension contracts - further disapplication of paragraphs 5(4) and 6(5) of the Schedule
6
1
In relation to any exempt approved scheme or relevant statutory scheme of which an employee or a person is a member, the circumstances prescribed for the purposes of paragraph 18(4) of the Schedule as being those in which neither paragraph 5(4) nor paragraph 6(5) of the Schedule shall have effect as regards that employee’s or that person’s remuneration in respect of an office or employment, shall include those prescribed in paragraph (2) below.
2
The circumstances prescribed in this paragraph are where —
a
the employee or the person concerned either —
i
was eligible, or reasonably likely to become eligible, to be a member of the scheme before 1st June 1989 but, in the circumstances specified in paragraph (3) below, did not become a member, or
ii
became a member of the scheme before that date but, in the circumstances specified in paragraph (4) below, ceased to be a member; and
b
by way of compensation for loss suffered, or reasonably likely to be suffered, by that employee or that person as a result of the circumstances specified in paragraph (3) or (4) below —
i
the employee became or, as the case may be, was reinstated as, a member of the exempt approved scheme, or became a member of another exempt approved scheme established by the same employer or by an employer who was a relevant employer in relation to that employer, or
ii
the person became or, as the case may be, was reinstated as, a member of the relevant statutory scheme (“the original scheme”), or became a member of another relevant statutory scheme by virtue of the same office or employment, or of another relevant statutory scheme having the same rules as the original scheme or, where the other relevant statutory scheme is a scheme established in another part of the United Kingdom, corresponding to the original scheme, and
iii
a capital sum was paid (whether or not to the trustees of the exempt approved scheme or relevant statutory scheme concerned) in respect of that employee or that person.
3
The circumstances specified in this paragraph are where, acting in reliance on bad investment advice at least some of which was given during the period beginning with 29th April 1988 and ending with 31st May 1989, the employee or the person became a member of a personal pension scheme or entered into a retirement annuity contract.
4
The circumstances specified in this paragraph are where, acting in reliance on bad investment advice at least some of which was given during the period beginning with 29th April 1988 and ending with 30th June 1994, the employee or the person —
a
ceased to be a member of, or to pay contributions to, the scheme and instead became a member of a personal pension scheme or entered into a retirement annuity contract;
b
ceased to be a member of the scheme as a result of the transfer of accrued rights of his under the scheme to a personal pension scheme; or
c
ceased to be a member of the scheme and instead (by virtue of such a provision as is mentioned in section 591(2)(g) of the Taxes Act ) entered into arrangements for securing relevant benefits by means of an annuity contract.
5
In this regulation —
“bad investment advice” means investment advice in respect of which an action against the person who gave it has been, or may be, brought —
a
in or for negligence;
b
for breach of contract;
c
by reason of a breach of a fiduciary obligation; or
d
by reason of a contravention which is actionable under section 62 of the Financial Services Act 1986 ;
“investment advice” means advice such as is mentioned in paragraph 15 of Schedule 1 to the Financial Services Act 1986;
“personal pension scheme” has the meaning given by section 630(1) of the Taxes Act;
“relevant benefits” has the meaning given by section 612(1) of the Taxes Act;
“retirement annuity contract” means a contract made before 1st July 1988 and approved by the Board under or by virtue of any provision of Chapter III of Part XIV of the Taxes Act;
“trustees”, in relation to a scheme which is not set up or established under a trust, means the administrator of the scheme within the meaning given by section 611AA of the Taxes Act in so far as it applies to a non-trust scheme.
S C T Matheson
G H Bush
Two of the Commissioners of Inland Revenue
9th December 1996


text:
Citation
1
This Order may be cited as the Environmental Protection Act 1990 (Commencement No. 18) Order 1996.
Provisions coming into force on 16th December 1996
2
Section 162(2) of the Environmental Protection Act 1990 shall come into force on 16th December 1996 in so far as it relates to the following repeals in Part I of Schedule 16 to that Act and the repeals extend to England and Wales:
the repeal of the whole of the Alkali, &c. Works Regulation Act 1906 so far as unrepealed;
the repeal of section 1(1)(d) and the word “and” preceding it and section 5 of the Health and Safety at Work etc. Act 1974 ;
the repeal, in section 79(10) of the Environmental Protection Act 1990, of the words following “Part I”.
Signed by authority of the Secretary of State
Ferrers
Minister of State,
Department of the Environment
28th November 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Environmentally Sensitive Areas (Western Southern Uplands) Designation (Amendment) Order 1996 and shall come into force on 15th August 1996.
2
In this Order–
“the principal Order ” means the Environmentally Sensitive Areas (Western Southern Uplands) Designation Order 1993 .
Amendment of the principal Order
2
In article 2(1) of the principal Order (interpretation)–
a
the definition of “enclosed land” shall be omitted;
b
after the definition of “heather moorland” there shall be inserted–
“herb rich grassland” means land used for grazing or mowing which is not normally treated with mineral fertiliser or lime and does not constitute rough grazing, but which is floristically diverse;
“inbye land” means that part of a farm not comprising the hill and rough grazings, the bulk of which is used for arable and grassland production;
; and
c
for the definition of “wetlands” there shall be substituted the following definition:–
“wetlands” means ground which does not constitute rough grazings and is saturated with water for a significant proportion of the year.
.
3
In article 6(1) of the principal Order (rates of payment under agreement) for the word “enclosed” there shall be substituted the word “inbye”.
4
In article 7 of the principal Order (payments for additional agricultural operations) for the words “Such payments” to the end there shall be substituted–
Such payments shall be at a rate to be determined by the Secretary of State–
in the case of an agreement entered into on or after 15th August 1996, up to a maximum rate for each 5 year conservation plan of £52,500 for stock reduction and £30,000 for other operations; and
in the case of an agreement entered into before that date–
for the year of the 5 year conservation plan included in such agreement which commenced but which had not ended before that date, up to a maximum rate of £150 per annum for each hectare of land to which the agreement relates, or at the rate of £6,000 per annum per individual farm business, whichever is the lower; and
for the whole years or remaining whole years of such 5 year conservation plan, up to a maximum rate calculated by multiplying £10,500 for stock reduction and £6,000 for other operations by the number of those whole years or remaining whole years.
.
5
In the Schedule to the principal Order (requirements to be included in an agreement)–
a
in paragraph 5 the words “undertake to” shall be omitted; and
b
in paragraph 10–
i
for the word “Scheme” there shall be substituted the word “agreement”; and
ii
for sub-paragraph (b) there shall be substituted–
b
if appropriate to the farm unit, contain details of the following farming operations–
i
a grazing plan and other measures necessary to conserve identified areas of heather in their existing condition, to regenerate suppressed areas of heather, or to maintain and enhance other areas of upland vegetation;
ii
a grazing plan and other measures necessary to conserve, enhance or extend areas of native woodland, amenity woodland and scrub on or contiguous with rough grazings and, if the farmer so wishes, limited amenity planting of trees;
iii
if the farmer so wishes, measures to restore dykes, stone buchts, fanks and hedges, to standards consistent with conservation interests;
iv
if the farmer so wishes, measures to improve the condition of features or areas of historic or archaeological interest;
v
if the farmer so wishes, a grazing plan and other measures necessary to conserve, enhance or extend areas of wetlands;
vi
if the farmer so wishes, a grazing plan and other measures necessary to conserve, enhance or extend water margins, the margin of which must be at least 6 metres wide; and
vii
if the farmer so wishes, a grazing plan and other measures necessary to conserve, enhance or extend areas of herb rich grassland.
.
Lindsay
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
18th July 1996
We consent,
Liam Fox
Simon Burns
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd July 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Hull and Holderness Community Health National Health Service Trust (Transfer of Trust Property) (No. 2) Order 1996 and shall come into force on 1996.
2
In this Order —
“the Authority” means the East Riding Health Authority established on 1st April 1996 ;
“the old Authority” means the East Riding Health Authority established on 1st April 1993 and abolished on 1st April 1996 ;
“the Trust” means the Hull and Holderness Community Health National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the old Authority and the Trust on 20th December 1995, which schedule has been signed on behalf of both the old Authority and the Trust.
Transfer of trust property
2
On 14th November 1996 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under-Secretary of State,
Department of Health
15th October 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Coventry Healthcare National Health Service Trust (Transfer of Trust Property) Order 1996 and shall come into force on 22nd March 1996.
2
In this Order —
“the Authority” means the Coventry Health Authority;
“the Trust” means the Coventry Healthcare National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 12th July 1995, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 22nd March 1996 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State
Department of Health
21st February 1996


text:
Title, commencement and interpretation
1
1
These Regulations may be cited as The Fertilisers (Sampling and Analysis) Regulations 1996 and shall come into force on 21st June 1996.
2
In these Regulations, unless the context otherwise requires, “ the Act ” means the Agriculture Act 1970 and “The Fertilisers Regulations 1991” means those Regulations as amended by The Fertilisers (Amendment) Regulations 1995.
3
Any reference in these Regulations to a numbered regulation or schedule shall, unless the context otherwise requires, be construed as a reference to the regulation or schedule bearing that number in these Regulations and, in the case of a schedule, the schedule shall be read with any note thereto.
4
Any reference in these Regulations to a numbered section shall, unless the reference is to a section of a specified Act, be construed as a reference to the section bearing that number in the Act.
Prescribed amount for the purposes of the definition of sampled portion
2
1
The prescribed amount of material for the purposes of the definition of sampled portion in section 66(1) shall be determined in accordance with the provisions of this regulation.
2
In relation to solid fertiliser in a single container, the prescribed amount shall be the contents of the container.
3
In relation to solid fertiliser in more than one container —
a
if all the containers together hold less than 5 tonnes, the prescribed amount shall be the contents of all the containers;
b
if any container holds at least 5 tonnes, the prescribed amount shall be 5 tonnes; and
c
if neither sub-paragraph (a) nor (b) above applies, the prescribed amount shall be the contents of the lowest number of containers together holding at least 5 tonnes.
4
In relation to solid fertiliser which is loose in a single heap or bay, the prescribed amount shall be the contents of the heap or bay.
5
In relation to solid fertiliser which is loose in more than one heap or bay —
a
if all the heaps and bays together hold less than 5 tonnes, the prescribed amount shall be the contents of all the heaps and bays;
b
if each heap and bay holds at least 5 tonnes, the prescribed amount shall be the contents of any one of the heaps or bays; and
c
in a case where neither sub-paragraph (a) nor (b) above applies, the prescribed amount shall be the contents of a number of the heaps or bays together holding at least 5 tonnes.
6
In relation to fluid fertiliser in a single container, the prescribed amount shall be the contents of the container.
7
In relation to fluid fertiliser in more than one container —
a
if all the containers together hold less than 5,000 litres, the prescribed amount shall be the contents of all the containers;
b
if any container holds at least 5,000 litres, the prescribed amount shall be 5,000 litres; and
c
if neither subparagraph (a) nor (b) above applies, the prescribed amount shall be the contents of the lowest number of containers together holding at least 5,000 litres.
Manner of taking, marking, sealing and fastening up of samples
3
The manner in which samples are to be taken, marked, sealed and fastened up in cases where under Part IV of the Act they are taken in the prescribed manner shall be as set out in Schedule 1.
Methods of sending part of a sample
4
Any part of a sample required to be sent to any person in pursuance of subsection (1)(b) or (2) of section 77 shall be sent by registered post or by the recorded delivery service or be delivered or given by hand.
Qualifications of agricultural analysts and deputy agricultural analysts
5
The prescribed qualifications for an agricultural analyst or a deputy agricultural analyst for the purposes of section 67(5) and for the purposes of these Regulations are that he shall possess a Mastership in Chemical Analysis awarded by the Royal Society of Chemistry or be a Chartered Chemist, being a Fellow or a Member of the Royal Society of Chemistry, and that his practical experience of the analysis and examination of fertilisers shall be attested by another agricultural analyst or deputy agricultural analyst appointed under section 67(3) of the Act or in accordance with section 11 of the Fertilisers and Feeding Stuffs Act 1926.
Application of the methods of analysis
6
1
The methods by which analysis of fertilisers shall be made for the purposes of the Act shall be those set out in Schedule 2 in accordance with the following provisions of this regulation.
2
Analytical constituents of materials listed in Groups 1(a), 2(a) and 3(a) of Section A, Groups 1 to 4 of Section B, Groups 1(a), 1(b) and 2 of Section C, Section D and Section E, of the table in Schedule 1 to the Fertilisers Regulations 1991 shall be determined by the appropriate methods of analysis prescribed in Part 1 of Schedule 2.
3
Subject to paragraph (4) below, analytical constituents of any materials other than those referred to in paragraph (2) of this regulation shall be determined by the appropriate methods of analysis prescribed in Part 2 of Schedule 2, save that the following analytical constituents shall be determined by the appropriate methods prescribed in Part 1 of Schedule 2:
a
the amount of total phosphorus soluble in mineral acids;
b
the amount of phosphorus soluble in 2% formic acid;
c
the amount of phosphorus soluble in 2% citric acid;
d
the amount of phosphorus in any fertiliser extract; and
e
the amount of any trace element in any fertiliser extract.
4
In the case of “Basic slag medium concentration” and “Granular basic slag” in Group 2(b) of Section A of the said table, fineness shall be determined by the appropriate method prescribed in Part 1 of Schedule 2.
Form of certificate of analysis
7
The certificate of an agricultural analyst of the analysis shall be in the form set out in Schedule 3.
Modification of the Agriculture Act 1970
8
In relation to any material to which these Regulations apply the operation of the provisions of sections 66(1) and 76(5) shall be modified as follows: —
a
in the definition of “sampled portion” in section 66(1) for the words “five tons or 1,000 gallons or the prescribed metric substitution” there shall be substituted the words “five tonnes or 5,000 litres”.
b
in section 76(5), for the words “fourteen pounds or the prescribed metric substitution” there shall be substituted the words “six kilograms”.
Revocations
9
The Fertilisers (Sampling and Analysis) Regulations 1991 , the Fertilisers (Sampling and Analysis) (Amendment) Regulations 1991 and the Fertilisers (Sampling and Analysis) (Amendment) Regulations 1994 are hereby revoked.
Angela Browning
Parliamentary Secretary, Minister of Agriculture, Fisheries and Food
22nd May 1996
Lindsay
Parliamentary Under Secretary of State,
Scottish Office
25th May 1996
Gwilym Jones
Parliamentary Under Secretary of State,
Welsh Office
24th May 1996


text:
1
This Order may be cited as the A30 Trunk Road (Great South West Road, Hounslow) (Temporary Restriction of Traffic) Order 1996 and shall come into force on the 29th November 1996.
2
This Order is made because the Traffic Director for London is satisfied that traffic on the A30 trunk road should be restricted because works are being or are proposed to be executed on or near that road.
3
During the period starting at 22.00 hours on 29th November 1996 for a period of three months or when those works have been completed, whichever is the sooner, the restrictions specified in article 4 below shall have effect.
4
Subject to the provisions of article 5 below, no person shall cause or permit any vehicle to enter or go through the gap in the central reservation of the A30 trunk road at its junction with Fagg’s Road and Hatton Road in the London Borough of Hounslow.
5
Subject to the provisions of article 5 below, no person shall cause or permit any vehicle to enter or go through the gap in the central reservation of the A30 trunk road at its junction with Dick Turpin Way in the London Borough of Hounslow.
6
1
The restrictions specified in article 4 above shall apply only during such times and to such extent as shall from time to time be indicated by traffic signs specified by regulations or authorised under section 64 of the Road Traffic Regulation Act 1984.
2
The restrictions specified in article 4 above shall not apply in respect of —
i
any vehicle being used for the purpose of those works, or for fire brigade, ambulance or police purpose, or
ii
anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
TRO 240
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
29th November 1996


text:
Title and commencement
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Oil and Chemical Pollution of Fish and Plants) (Partial Revocation No. 3) Order 1996 and shall come into force on 3rd July 1996.
Partial Revocation
2
1
The Food Protection (Emergency Prohibitions) (Oil and Chemical Pollution of Fish and Plants) Order 1996 is hereby revoked with respect to the part of the area designated by that Order which is described in Part I of the Schedule to this Order.
2
In consequence of that revocation that Order shall be amended by substituting for the area described in the Schedule the area described in Part II of the Schedule to this Order.
Signed by authority of the Secretary of State for Wales
Jonathan Evans
Parliamentary Under Secretary of State, Welsh Office
2nd July 1996


text:
Citation and commencement
1
This Order may be cited as the Pensions Increase (Review) Order 1996 and shall come into force on 8th April 1996.
Interpretation
2
1
In this Order —
“the 1971 Act ” means the Pensions (Increase) Act 1971 ;
“the 1974 Act ” means the Pensions (Increase) Act 1974 ;
“the 1975 Act ” means the Social Security Pensions Act 1975;
“basic rate” and “derivative pension” have the meanings given by section 17(1) of the 1971 Act ;
“the existing Orders ” means the Pensions Increase (Annual Review) Order 1972 , the Pensions Increase (Annual Review) Order 1973 , the Pensions Increase (Annual Review) Order 1974 , the Pensions Increase (Annual Review) Order 1975 , the Pensions Increase (Annual Review) Order 1976 , the Pensions Increase (Annual Review) Order 1977 , the Pensions Increase (Annual Review) Order 1978 , the Pensions Increase (Review) Order 1979 , the Pensions Increase (Review) Order 1980 , the Pensions Increase (Review) Order 1981 , the Pensions Increase (Review) Order 1982 , the Pensions Increase (Review) Order 1983 , the Pensions Increase (Review) Order 1984 , the Pensions Increase (Review) Order 1985 , the Pensions Increase (Review) Order 1986 , the Pensions Increase (Review) Order 1987 , the Pensions Increase (Review) Order 1988 , the Pensions Increase (Review) Order 1989 , the Pensions Increase (Review) Order 1990 , the Pensions Increase (Review) Order 1991 , the Pensions Increase (Review) Order 1992 , the Pensions Increase (Review) Order 1993 , the Pensions Increase (Review) Order 1994 and the Pensions Increase (Review) Order 1995 ;
“official pension” has the meaning given by section 5(1) of the 1971 Act;
“pension authority” has the meaning given by section 7(1) of the 1971 Act;
“qualifying condition” means one of the conditions laid down in section 3 of the 1971 Act ;
“relevant injury pension”, “substituted pension” and “widow’s pension” have the meanings given by section 17(1) of the 1971 Act.
2
For the purposes of this Order the time when a pension “begins” is that stated in section 8(2) of the 1971 Act , and the “beginning date” shall be construed accordingly.
3
Where, for the purposes of this Order, it is necessary to calculate the number of complete months in any period an incomplete month shall be treated as a complete month if it consists of at least 16 days.
Pension increases
3
The annual rate of an official pension may, if a qualifying condition is satisfied or the pension is a derivative or substituted pension or a relevant injury pension, be increased by the pension authority in respect of any period on or after 8th April 1996 as follows —
1
a pension beginning before 10th April 1995 may be increased by 3.9 per cent of the basic rate as increased by the amount of any increase under section 1 of the 1971 Act or the existing Orders;
2
a pension beginning on or after 10th April 1995 and before 8th April 1996 may be increased by 3.9 per cent multiplied by
A B
where
a
A is the number of complete months in the period between the beginning date of the pension and 8th April 1996, and
b
B is 12.
Increases in certain lump sums
4
In respect of any lump sum or instalment of a lump sum which became payable before 8th April 1996 but on or after 10th April 1995 there may be paid an increase of 3.9 per cent of the amount of the lump sum or instalment (as increased by the amount under section 1 of the 1971 Act or under the existing Orders) multiplied by
A B
where
a
A is the number of complete months in the period between the beginning date for the lump sum or, if later, 10th April 1995 and the date on which it became payable; and
b
B is 12.
Reductions in respect of guaranteed minimum pensions
5
The amount by reference to which any increase in the rate of an official pension provided for by this Order is to be calculated shall, in the case of a person —
a
who is entitled to a guaranteed minimum pension on 8th April 1996; and
b
whose entitlement to that guaranteed minimum pension arises from an employment from which (either directly or by virtue of the payment of a transfer credit) entitlement to the official pension also arises,
be reduced by an amount equal to the rate of the guaranteed minimum pension unless the Treasury otherwise direct, in accordance with the provisions of section 59A of the 1975 Act.
6
The amount by reference to which any increase in the rate of a widow’s or widower’s pension provided for by this Order is to be calculated shall, where the pensioner becomes entitled on the death of the deceased spouse to a guaranteed minimum pension, be reduced in accordance with section 59(5ZA) of the 1975 Act.
Liam Fox
Simon Burns
Two of the Lords Commissioners of Her Majesty’s Treasury
14th March 1996