text:
Title, extent and commencement
1
These Regulations may be cited as the Arable Area Payments (Amendment) Regulations 1996, shall extend to Great Britain and shall come into force on 1st July 1996.
Amendments to the Arable Area Payments Regulations 1995
2
1
The Arable Area Payments Regulations 1995 shall be amended in accordance with the following paragraphs of this regulation.
2
In paragraph (1) of regulation 2 (interpretation) —
a
in the definition of “agricultural plot” for the phrase which begins with “Article 2(1)(e)” and ends with “2780/92” there shall be substituted “Article 3(1)(d) of Commission Regulation 658/96”;
b
the definitions of “Commission Regulation 2294/92”, “Commission Regulation 2295/92” and “Commission Regulation 2780/92” shall be deleted;
c
in the definition of “Commission Regulation 3887/92” for “Commission Regulation ( EC ) No. 229/95 ” there shall be substituted “Commission Regulation (EC) No. 2015/95 ”;
d
in the definition of “Commission Regulation 334/93” for “Commission Regulation (EC) No. 1870/95 ” there shall be substituted “Commission Regulation (EC) No. 2991/95 ”;
e
in the definition of “Commission Regulation 762/94” for “Commission Regulation (EC) No. 229/95 ” there shall be substituted “Commission Regulation (EC) No. 2930/95 ”;
f
after the definition of “Commission Regulation 762/94” there shall be inserted the following definition —
‘Commission Regulation 658/96’ means Commission Regulation (EC) No. 658/96 on certain conditions for granting compensatory payments under the support system for producers of certain arable crops
;
g
in the definition of “Council Regulation 2092/91” for “Commission Regulation (EC) No. 2381/94 ” there shall be substituted “Commission Regulation (EC) No. 418/96 ”;
h
in the definition of “Council Regulation 1765/92” for “Council Regulation (EC) No. 1460/95 ” there shall be substituted “Council Regulation (EC) No. 2989/95 ”;
i
in the definition of “Council Regulation 2078/92” after “countryside” there shall be added “as last amended by Commission Regulation (EC) No. 2772/95 ”;
j
in the definition of “eligible land” —
i
in sub-paragraph (b) for “the Annex to Commission Regulation 2780/92” there shall be substituted “Annex I to Commission Regulation 658/96”,
ii
in sub-paragraph (c) before the phrase “Article 3(3) of Commission Regulation 2780/92” there shall be added “with” and after that phrase there shall be added “or Article 2(4) of Commission Regulation 658/96”, and
iii
in sub-paragraph (d) for “Article 3(4) of Commission Regulation 2780/92” there shall be substituted “Article 2(5) of Commission Regulation 658/96”; and
k
for the definition of “farm-saved rapeseed” there shall be substituted the following definition —
‘farm-saved rapeseed’ means seed which —
is the product of a harvest obtained from the planting, on a particular holding, of certified seed of a variety listed in Annex II to Commission Regulation 658/96, and
is, or is to be, sown on the same holding;
.
3
In paragraph (1) of regulation 5 (minimum size of agricultural plot) for the phrase beginning with “Article 2(1)(e)” and ending with “2780/92,” there shall be substituted “Article 3(1)(d) of Commission Regulation 658/96”.
4
In paragraph (1) of regulation 5A (exchanges of eligible and ineligible land) for “Article 3(4) of Commission Regulation 2780/92” there shall be substituted “Article 2(5) of Commission Regulation 658/96”.
5
For regulation 10 (requirements in relation to rapeseed), there shall be substituted —
Requirements in relation to rapeseed
10
1
Subject to paragraphs (2) to (5) inclusive of this regulation, access to the compensatory payments in respect of rapeseed and colzaseed referred to in paragraph (3) of Article 4 of Commission Regulation 658/96 shall be permitted for each of the seed categories listed at sub-paragraphs (a) to (e) inclusive of that paragraph.
2
In respect of the seed category listed in Article 4(3)(b) of Commission Regulation 658/96 —
a
a farmer who sows any variety of seed of that category on his holding shall not be entitled to receive compensatory payments in respect of the land sown with that seed unless that seed is qualifying seed and has been cleaned and dressed separately from any farm-saved rapeseed of a different variety produced on that holding and from seed not produced on that holding;
b
for the purposes of sub-paragraph (a) above, seed is qualifying seed if it was harvested —
i
during the pre-sowing harvest; or
ii
subject to sub-paragraph (c) below, during the harvest immediately preceding the pre-sowing harvest; and
b
seed harvested during the harvest immediately preceding the pre-sowing harvest is qualifying seed for the purposes of sub-paragraph (a) above only if —
i
climatic conditions during the pre-sowing harvest were such that it was either not possible to harvest farm-saved rapeseed or not possible to clean and dress it as specified in sub-paragraph (a) above or to obtain the results of the mandatory analysis before the time at which it would be necessary to sow seed in order to obtain a successful crop; and
ii
the farmer has informed the seed sampler, before sowing such seed, that he intended to sow it because the conditions of paragraph (i) above were satisfied.
3
In respect of the seed category listed in Article 4(3)(c) of Commission Regulation 658/96, seed sown or to be sown by a farmer shall be regarded as registered for inspection and control as required by that provision where —
a
sufficient documentary evidence to show the intended use of the crop of that seed (as specified in that provision) comes into being before the sowing of that seed; and
b
a copy of such evidence is lodged with the Minister not later than the application for the compensatory payment in respect of the land on which that seed is or is to be sown.
4
In respect of the seed category listed in Article 4(3)(d) of Commission Regulation 658/96 —
a
a person who wishes to be specially approved as a buyer (as referred to in that provision) shall apply to the Minister for approval in such form as the Minister may reasonably require;
b
subject to sub-paragraphs (c), (d) and (e) below, the Minister shall approve such an application;
b
the Minister may refuse an application if he believes that such a refusal is necessary to ensure that seed is not diverted from an intended use referred to in that provision;
d
the Minister may revoke such an approval at any time after it has been given if he believes that such a revocation is necessary to ensure that seed is not diverted from an intended use referred to in that provision; and
e
such an approval, refusal or revocation shall be given in writing to the person concerned and in the case of a refusal or revocation shall state the reasons for the Minister’s belief.
5
In respect of the seed category listed in Article 4(3)(e) of Commission Regulation 658/96 —
a
a person who wishes to be approved as a first buyer (as referred to in that provision) shall apply to the Minister for approval in such form as the Minister may reasonably require;
b
subject to sub-paragraphs (c), (d) and (e) below, the Minister shall approve such an application;
b
the Minister may refuse an application if he believes that such a refusal is necessary to ensure that seed is not diverted from an intended use referred to in that provision;
d
the Minister may revoke such an approval at any time after it has been given if he believes that such a revocation is necessary to ensure that seed is not diverted from an intended use referred to in that provision; and
e
such an approval, refusal or revocation shall be given in writing to the person concerned and in the case of a refusal or revocation shall state the reasons for the Minister’s belief.
6
For the purposes of Article 3(1)(b) of Commission Regulation 658/96 (which restricts eligibility for compensatory payments in respect of arable crops to areas fully sown in accordance with local standards) —
a
a farmer who sows —
i
a crop of winter high erucic acid rapeseed within 50 metres of a crop of previously sown winter double zero rapeseed;
ii
a crop of spring high erucic acid rapeseed within 50 metres of a crop of previously sown spring double zero rapeseed;
iii
a crop of winter double zero rapeseed within 50 metres of a crop of previously sown winter high erucic acid rapeseed; or
iv
a crop of spring double zero rapeseed within 50 metres of a crop of previously sown spring high erucic acid rapeseed,
shall not be recognised as having sown that crop in accordance with local standards; and
b
a farmer who, in any case referred to in paragraphs (i) to (iv) of sub-paragraph (a) above, has also sown the previously sown crop, shall not be recognised as having sown that previously sown crop in accordance with local standards.
7
As provided for in Article 4 of Commission Regulation 334/93 (which permits exclusion of particular raw materials from the scheme implemented by that Regulation if they raise difficulties as regards agricultural practice, control, public health or the environment or in terms of criminal law) —
a
where —
i
a crop of winter high erucic acid rapeseed is sown within 50 metres of a crop of previously sown winter double zero rapeseed;
ii
a crop of spring high erucic acid rapeseed is sown within 50 metres of a crop of previously sown spring double zero rapeseed;
iii
a crop of winter double zero rapeseed is sown within 50 metres of a crop of previously sown winter high erucic acid rapeseed;
iv
a crop of spring double zero rapeseed is sown within 50 metres of a crop of previously sown spring high erucic acid rapeseed,
the later sown crop shall be excluded from that scheme; and
b
where —
i
any later sown crop referred to in one of paragraphs (i) to (iv) of sub-paragraph (a) above is sown in a location referred to in that paragraph; and
ii
the farmer who sowed that crop is also the farmer who sowed the previously sown crop referred to in that paragraph,
the previously sown crop shall be excluded from that scheme.
8
For the purposes of this regulation —
a
the “pre-sowing harvest”, in relation to the sowing of any seed, is the harvest immediately preceding the autumn or spring in which the seed is sown;
b
the “seed sampler” is an appointed agent of the Minister whom the Minister has authorised by letter to take the samples required for mandatory analysis;
b
a “mandatory analysis” is the analysis required by sub-paragraph (b) of Article 4(3) of Commission Regulation 658/96 to ensure that farm-saved rapeseed conforms to the minimum quality criterion specified in that sub-paragraph;
d
“double zero rapeseed” is any variety of rapeseed or colzaseed conforming to the glucosinolate and erucic acid requirements of Article 4(2) of Commission Regulation 658/96 and listed in Annex II to that Regulation;
e
“high erucic acid rapeseed” means rapeseed or colzaseed of any variety conforming to the erucic acid requirement of Article 4(3)(e) of Commission Regulation 658/96;
f
“winter double zero rapeseed” and “winter high erucic acid rapeseed” means double zero rapeseed or high erucic acid rapeseed (as the case may be) sown in the year before the intended year of harvest of the crop derived from it; and
g
“spring double zero rapeseed” and “spring high erucic acid rapeseed” means double zero rapeseed or high erucic acid rapeseed (as the case may be) sown in the calendar year as it is intended to harvest the crop derived from it.
.
6
In regulation 13 (reduction or cancellation of compensatory payments for breach of Schedules 2 and 3) —
a
in paragraph (1) after “26,” there shall be inserted “or paragraph 1A of Schedule 3,”; and
b
the following paragraph shall be inserted after paragraph 1 —
1A
Any reduction in the set-aside compensatory payment made by virtue of paragraph (1) above by reason of a breach of paragraph 1A of Schedule 3 shall have effect notwithstanding the exclusion of civil liability —
a
(in England and Wales) for the contravention of a code of practice approved or having effect as if approved under section 97 of the Water Resources Act 1991 provided for in paragraph (2) of that section; or
b
(in Scotland) for the contravention of a code of practice approved under section 51 of the Control of Pollution Act 1974 provided for in paragraph (2) of that section.
.
7
In Schedule 1 (derogation from requirement to have farmed set-aside land for two years) —
a
in both Part I (derogations in respect of land in England and Wales) and Part II (derogations in respect of land in Scotland), for paragraph 1(e) there shall be substituted the following sub-paragraph —
e
where he —
i
satisfies the Minister that he farms the land by organic means or is converting to doing so; and
ii
has pursuant to Article 8(1) of Council Regulation 2092/91 notified the appropriate Minister (as defined by regulation 2(1) of the Organic Products Regulations 1992 ) that by so farming the land he produces products of a kind specified in Article 1 of that Regulation, and has submitted to the inspection system referred to in Article 9 thereof.
;
and
b
in Part I, for paragraph 2(b) there shall be substituted the following sub-paragraph —
b
a farmer has relevant tenure of agricultural land where he is —
i
a tenant of the land under an agricultural tenancy from year to year,
ii
a tenant of the land under a tenancy for a fixed term subject to the Agricultural Holdings Act 1986 ,
iii
a tenant of the land under an agreement approved by the Minister in accordance with section 2 or 5 of the Agricultural Holdings Act 1986,
iv
a tenant of the land under a farm business tenancy as defined in section 1 of the Agricultural Tenancies Act 1995 ,
v
farming the land under an agreement which would have been an agricultural tenancy from year to year had the Agricultural Tenancies Act 1995 not come into force, or
vi
farming the land under a sharefarming agreement;
8
In Schedule 2 (management requirements in relation to set-aside land), Part A (management options for set-aside land), for paragraph 9(2)(b) there shall be substituted the following paragraph —
b
where the field is to remain set aside in the following scheme year, leave a further 25 per cent of the area set aside in that field uncut provided that any area left uncut in accordance with this paragraph which has also been left uncut in the previous two scheme years in accordance with this paragraph is cut in accordance with sub-paragraph (1) in the following scheme year.
.
9
In Schedule 2 (management requirements in relation to set-aside land), Part B (general management conditions applying to all set-aside land) —
a
after paragraph 11 there shall be inserted the following paragraph —
Restriction on cutting the green cover
11A
1
In relation to set-aside land situated in England and Wales, where a farmer has applied a non-selective herbicide to that set-aside land during the set-aside period but not earlier than 15th April and not later than 30th June during that period, then he shall not subsequently cut any green cover on that set-aside land before the 1st July prior to the end of that period.
2
In relation to set-aside land situated in Scotland, in respect of the scheme year beginning on 15th January 1997 and any subsequent scheme year —
a
subject to an exemption being granted in accordance with paragraph (b) below, and subject to paragraph (c) below, a farmer shall neither cut any green cover on that set-aside land nor apply any herbicide to that set-aside land between the dates 1st May to 15th July inclusive during the set-aside period;
b
the Minister may grant an exemption from the restrictions on cutting green cover on and applying herbicide to set-aside land imposed by paragraph (a) above to a farmer in respect of any particular area of set-aside land where —
i
that farmer applies to the Minister for such an exemption;
ii
the Minister believes that that particular area of set-aside land is infested with one or more of the injurious weeds listed in section 1(2) of the Weeds Act 1959 ; and
iii
no cutting of green cover or application of herbicide which constitutes a breach of the requirements of paragraph (a) above has taken place in respect of that particular area of set-aside land during the set-aside period in respect of which the exemption is sought; and
b
the restrictions on cutting green cover on set-aside land imposed by paragraph (a) above shall not apply to any set-aside land managed by a farmer who —
i
satisfies the Minister that he farms the land by organic means or is converting to doing so; and
ii
has pursuant to Article 8(1) of Council Regulation 2092/91 notified the appropriate Minister (as defined by regulation 2(1) of the Organic Products Regulations 1992) that by so farming the land he produces products of a kind specified in Article 1 of that Regulation, and has submitted to the inspection system referred to in Article 9 thereof.
;
and
b
in paragraph 13 —
i
for paragraph (a) of sub-paragraph (1) there shall be substituted the following paragraph —
a
subject to paragraph (aa) below, cultivate the land (except where the land is guaranteed set-aside land or environmental transferred set-aside land) for the purpose of controlling weeds —
i
where the land is situated in England and Wales, at any time on or after 1st July prior to the end of the set-aside period;
ii
where the land is situated in Scotland, in respect of the scheme year which began on 15th January 1996, at any time after 1st July 1996; and
iii
where the land is situated in Scotland, in respect of the scheme year starting on 15th January 1997 or any subsequent scheme year, at any time during the set-aside period other than between the dates 1st May to 15th July inclusive during that period;
;
ii
after paragraph (a) of sub-paragraph (1) there shall be added the following paragraph —
aa
cultivate the land (except where the land is guaranteed set-aside land or environmental transferred set-aside land) for the purpose of controlling weeds at any time on or after 1st May prior to the end of the set-aside period where he —
i
satisfies the Minister that he farms the land by organic means or is converting to doing so; and
ii
has pursuant to Article 8(1) of Council Regulation 2092/91 notified the appropriate Minister (as defined by regulation 2(1) of the Organic Products Regulations 1992) that by so farming the land he produces products of a kind specified in Article 1 of that Regulation, and has submitted to the inspection system referred to in Article 9 thereof; and
;
iii
in paragraph (b) of sub-paragraph (1) and in sub-paragraph (2) for “or traditional forage crop” there shall be substituted “, traditional forage crop or other permitted crop”; and
iv
the following sub-paragraph shall be inserted after sub-paragraph (3) —
4
For the purposes of this paragraph, `other permitted crop' shall mean a crop which consists of one or more of the following —
a
ornamental bulbs (which phrase shall be taken not to include onions or garlic);
b
field grown trees or shrubs;
c
cane fruits; or
d
strawberries.
.
10
In Schedule 3 (requirements in relation to land set aside for the provision of specified raw materials) there shall be inserted after paragraph 1 —
1A
If a farmer applies any fertiliser, waste or lime to the set-aside land he shall only do so —
a
in accordance with the needs of the specified raw materials being produced thereon; and
b
in a manner which is consistent —
i
where the land is in England and Wales, with the Code of Good Agricultural Practice for the Protection of Water approved by the Water (Prevention of Pollution) (Code of Practice) Order 1991 ; and
ii
where the land is in Scotland, with the provisions of the Code of Good Practice for the Prevention of Environmental Pollution from Agricultural Activity approved by the Water (Prevention of Pollution) (Code of Practice) (Scotland) Order 1992 .
Tony Baldry
Minister of State Ministry of Agriculture, Fisheries and Food
3rd June 1996
Lindsay
Parliamentary Under Secretary of State,
Scottish Office
5th June 1996


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Landfill Tax (Qualifying Material) Order 1996 and shall come into force on 1st October 1996.
2
Subject to articles 3 to 5 below, the material listed in column 2 of the Schedule to this Order is qualifying material for the purpose of section 42 of the Act.
3
The Schedule to this Order shall be construed in accordance with the notes contained in it.
4
The material listed in column 2 of the Schedule to this Order must not be treated as qualifying material unless any condition set out alongside the description of the material in column 3 of that Schedule is satisfied.
5
Where the owner of the material immediately prior to the disposal and the operator of the landfill site at which the disposal is made are not the same person, material must not be treated as qualifying material unless it satisfies the relevant condition.
6
In the case of a disposal at a landfill site in Great Britain, the relevant condition is that a transfer note includes in relation to each type of material of which the disposal consists —
a
a description of the material —
i
which accords with its description in column 2 of the Schedule to this Order, or
ii
where a note contained in that Schedule lists the material (other than by way of exclusion), which accords with that description, or
iii
which is some other accurate description; or
b
where the material is water within Group 9 of the Schedule to this Order —
i
the description “water”, and
ii
a description of the material held in suspension which, if that material had been disposed of separately, would comply with the requirements of paragraph (a) above.
7
In the case of a disposal at a landfill site in Northern Ireland, the relevant condition is that any document produced to evidence the transfer of the material includes, in relation to each type of material of which the disposal consists, a description of that material as specified in paragraph (a) or, as the case may be, paragraph (b) of article 6 above.
8
In article 6 above “transfer note” has the same meaning as in the Environmental Protection (Duty of Care) Regulations 1991 .
Derek Conway
Simon Burns
Two of the Lords Commissioners of Her Majesty’s Treasury
12th June 1996


text:
Citation and commencement
1
These Regulations may be cited as the Homelessness Regulations 1996 and shall come into force on 20th January 1997.
Interpretation
2
In these Regulations —
“ the Act ” means the Housing Act 1996;
“the 1971 Act ” means the Immigration Act 1971;
“claim for asylum” means a claim made by a person that it would be contrary to the United Kingdom’s obligations under the Convention for him to be removed from or required to leave the United Kingdom;
“the Common Travel Area ” means the United Kingdom, the Channel Islands, the Isle of Man and the Republic of Ireland collectively;
“the Convention” means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 , as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967;
“ EEA national” means a national of a State which is a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993; and
“the immigration rules” means the immigration rules within the meaning of the 1971 Act.
Classes of persons subject to immigration control who are eligible for housing assistance
3
The following are the classes of persons prescribed for the purposes of section 185(2) of the Act (persons subject to immigration control who are eligible for housing assistance) —
Class A — a person recorded by the Secretary of State as a refugee within the definition in Article 1 of the Convention;
Class B — a person who has made a claim for asylum which is recorded by the Secretary of State as having been made on his arrival (other than on his re-entry) in the United Kingdom from a country outside the Common Travel Area and which has not been recorded by the Secretary of State as having been determined or abandoned;
Class C — a person who becomes an asylum seeker, that is to say —
whilst that person is present in Great Britain the Secretary of State makes a declaration to the effect that the country of which that person is a national is subject to such a fundamental change in circumstances that he would not normally order the return of a person to that country; and
that person makes a claim for asylum which is recorded by the Secretary of State as having been made within three months from the day on which that declaration was made,
provided that the claim for asylum has not been recorded by the Secretary of State as having been determined or abandoned;
Class D — a person (other than a person falling within Class B) who —
on or before 4th February 1996 made a claim for asylum; and
was on that date entitled to benefit under the Housing Benefit (General) Regulations 1987;
where either —
his claim has not been recorded by the Secretary of State as having been determined or abandoned; or
there was on that date an appeal pending in respect of that claim or such an appeal is made within the time limits specified in the rules of procedure made under section 22 of the 1971 Act and, in either case, no determination or abandoning of the appeal in question has been recorded by the Secretary of State;
Class E — a person —
who has been granted by the Secretary of State exceptional leave to enter or remain in the United Kingdom outside the provisions of the immigration rules; and
whose leave is not subject to a condition requiring him to maintain and accommodate himself and any dependants of his without recourse to public funds;
Class F — a person who has a current leave to enter or remain in the United Kingdom which is not subject to any limitation or condition other than a person —
who has been given leave to enter or remain in the United Kingdom upon an undertaking given by another person (his “sponsor”) or persons in writing in pursuance of the immigration rules to be responsible for his maintenance and accommodation;
who has been resident in the United Kingdom for less than five years beginning from the date of entry or the date on which the undertaking was given in respect of him, whichever date is the later; and
whose sponsor or, where there is more than one sponsor, at least one of whose sponsors, is still alive.
Descriptions of persons who are to be treated as persons from abroad ineligible for housing assistance
4
The following are the descriptions of persons who are to be treated for the purposes of Part VII of the Act as persons from abroad who are ineligible for housing assistance —
a
a person who is not habitually resident in the Common Travel Area other than —
i
a person who falls within Class A, B, C, D or E of regulation 3;
ii
a worker for the purposes of Council Regulation ( EEC ) No. 1612/68 or (EEC) No. 1251/70 ;
iii
a person with a right to reside in the United Kingdom pursuant to Council Directive No. 68/360/EEC or No. 73/148/EEC ;
b
a person who is an EEA national and is required by the Secretary of State to leave the United Kingdom.
Prescribed period of notice where an authority give notice that they propose to cease exercising power to secure accommodation under section 194
5
For the purposes of section 194(6) of the Act (notice of ceasing to exercise power to secure accommodation under section 194), the prescribed period is 28 days.
Period prescribed for the purpose of conditions for referral of an application
6
For the purposes of section 198(4)(b) of the Act (referral of case to another local housing authority), the prescribed period is the aggregate of —
i
five years; and
ii
the period between the date of the previous application and the date on which the applicant was first placed in pursuance of that application in accommodation in the district of the authority to whom the application is now made.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
29th October 1996
Signed by authority of the Secretary of State for Wales
Jonathan Evans
Parliamentary Under-Secretary of State,
Welsh Office
30th October 1996


text:
Title and commencement
1
These Regulations may be cited as the Medicines (Medicated Animal Feeding Stuffs) (Amendment) Regulations 1996 and shall come into force on 3rd April 1996.
Amendment of the Medicines (Medicated Animal Feeding Stuffs) ( No. 2) Regulations 1992
2
For Schedule 3 to the Medicines (Medicated Animal Feeding Stuffs) (No. 2) Regulations 1992 there shall be substituted the Schedule set out in the Schedule to these Regulations.
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
11th March 1996
Lindsay
Parliamentary Under Secretary of State, Scottish Office
7th March 1996
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
11th March 1996
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland
J. Murray
Permanent Secretary
11th March 1996
We consent,
Simon Burns
Bowen Wells
Two of the Lords Commissioners of Her Majesty’s Treasury
11th March 1996


text:
Citation and commencement
1
This order may be cited as the Offshore Installations (Safety Zones) (No.6) Order 1996 and shall come into force on 26th September 1996.
Establishment of safety zones
2
A safety zone is hereby established around each installation specified in column 1 of the Schedule hereto (being an installation stationed in waters to which subsection (7) of section 21 of the Act applies) having a radius of five hundred metres from the point as respects that installation which has the co-ordinates of latitude and longitude according to European Datum (1950) specified in columns 2 and 3 of the Schedule.
Removal of safety zone
3
The Offshore Installations (Safety Zones) (No. 5) Order 1996 shall have effect with the deletion from the Schedule thereof of the entry relating to the Development Well.
Signed by authority of the Secretary of State.
Paul Beresford
Parliamentary Under Secretary of State,
Department of the Environment
5th September 1996


text:
Commencement and citation
1
This Order may be cited as The A13 Trunk Road (Havering) Red Route Traffic Order 1996, and shall come into force on 31st July 1996.
Interpretation
2
In this Order —
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities’ Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route” means the lengths of road specified in column 2 of the table in schedule 1;
f
“vehicle” includes part of a vehicle; and
g
an entry in column (3), (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule.
General prohibition of stopping
3
1
Subject to the provisions of paragraphs (2) and (3) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop in the trunk road red route during the restricted hours.
2
Subject to the provisions of paragraph (3) of this article, and of articles 5(1), 8 and 9, no person shall cause any vehicle to stop at any time in any lengths of the trunk road red route specified in schedule 4.
3
The controls specified in paragraphs (1) and (2) of this article do not apply in respect of any area of the trunk road red route specified in schedule 2A.
4
In this article “the restricted hours” means, in relation to a length of the trunk road red route specified in an item in column (2) of the table in schedule 1, the hours specified in that item in column (3) of that table.
Exemptions for parking
4
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
Miscellaneous exemptions for parking
5
1
Licensed taxi cabs: The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to be parked at the edge of the carriageway on a length of road specified in schedule 2D.
2
Coaches: The controls specified in article 3(1) do not apply in respect of a person causing a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver) or a local bus (as defined in article 8(4)) not so constructed or adapted, to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2E during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
3
Doctors’ vehicles: The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2F during the hours specified in column (3) in that item, provided that —
a
there is displayed in the windscreen of the vehicle a badge issued by, or with the authority of, the Traffic Director for London to a medical practitioner, and which specifies —
i
the name of the person to whom it was issued, and
ii
the premises in relation to which it applies; and
b
the vehicle was parked by, or with the permission of, the person whose name is specified on the badge and for so long only as the person who parked the vehicle is engaged in work at the premises specified on the badge.
4
Solo motor bicycles: The controls specified in article 3(1) do not apply in respect of a person causing a motor bicycle without a side-car to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2G during the hours specified in column (3) in that item.
Exemptions for loading and unloading
6
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which is being loaded or unloaded to stop at the edge of the carriageway on a length of road specified in an item in column (2) of the tables in schedules 3A and 3B during the hours specified in column (3) in that item for as long as is needed to load or unload the vehicle or 20 minutes, whichever is the less, provided that not less than 20 minutes has elapsed since the vehicle was last parked on any part of the same length of road.
Exemptions for disabled persons
7
1
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item.
2
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2C during the hours specified in column (3) in that item.
3
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which displays a disabled person’s badge in the relevant position, and a parking disc on which is shown the time at which the period of parking began, to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item, for a period of up to 3 hours not being a period separated by an interval of less than 1 hour from a previous period when that vehicle was parked in that length of road.
Exemptions at bus stops and stands
8
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to which this article applies to stop at a bus stop (being an area of road bounded by a traffic sign which includes the words “bus stop”) for so long only as may be required to enable passengers to get on or off the vehicle or, in the case of a vehicle being used to provide a local service, for so long only as may be required for a change of crew.
2
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used to provide a local service to stop at a bus stand (being an area of road bounded by a traffic sign which includes the words “bus stand”) for so long only as may be required for timetabling reasons.
3
This article applies —
a
before 1 January 1997 to
i
a public service vehicle used for the provision of a local service or a scheduled express service,
ii
a school bus, and
iii
a works bus; and
b
after 31 December 1996 to
i
a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver), and
ii
a local bus not so constructed or adapted.
4
In this article “local bus”, “local service”, “scheduled express service”, “school bus” and “works bus” have the meanings given to those expressions in regulation 4 of the Traffic Signs Regulations and General Directions 1994 .
Other exemptions
9
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to stop if that person is —
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) and (2) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) and (2) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Revocation or variation of existing Orders
10
1
The A13 Trunk Road (Havering) Red Route Experimental Traffic Order 1995 and The London Borough of Havering (Waiting and Loading Restriction) Order 1978 are hereby revoked, in so far as their provisions relate to any part of the trunk road red route.
TRO 180
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
16th July 1996


text:
Title and commencement
1
These Regulations may be cited as the Bovine Products (Despatch To Other Member States) (Amendment) Regulations 1996 and shall come into force on 24th December 1996.
Amendment
2
1
The Bovine Products (Despatch to other Member States) Regulations 1996 shall be amended in accordance with the following provisions of this regulation.
2
After regulation 3 there shall be inserted —
Production of gelatin
3A
1
No person shall produce any gelatin in any establishment unless that establishment is registered by the Minister under this regulation.
2
On an application made to him in writing by the operator of the establishment to which the application relates, the Minister shall register that establishment for the production of gelatin where he is satisfied that —
a
no raw material from a bovine animal slaughtered in the United Kingdom is used in such production; or
b
such production is in accordance with the appropriate conditions set out in the Annex to Commission Decision 96/239/ EC on emergency measures to protect against bovine spongiform encephalopathy , as amended by Commission Decision 96/362/EC .
3
The Minister shall remove an establishment from the register where he is no longer satisfied that one of the conditions set out in paragraph (2) above is met.
4
This regulation applies only to gelatin liable to enter the human food or animal feed chains or destined for use in cosmetic, medical or pharmaceutical products.
Use of gelatin
3B
Any person who uses any gelatin produced in the United Kingdom in the production of any product which is —
a
liable to enter the human food chain or animal feed chain; or
b
destined for use as or in any cosmetic, medical or pharmaceutical product, shall ensure that the gelatin used was produced in an establishment which was registered under regulation 3A above at the time that gelatin was manufactured, or, in the case of gelatin produced before 24th December 1996, which complied with the conditions for registration at the time of manufacture and has subsequently been registered.
.
3
Regulation 5(2) shall be replaced by —
2
An inspector shall, on producing, if required to do so, some duly authenticated document showing his authority, have the right at all reasonable hours to enter any establishment approved for the purposes of regulation 3 above or registered under regulation 3A above in order to ascertain whether the requirements of those regulations are satisfied in that establishment.
.
4
In regulation 5(3)(a), after “regulation 3 above” there shall be inserted “or registered under regulation 3A above”.
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
27th November 1996
Lindsay
Parliamentary Under Secretary of State,
Scottish Office
29th November 1996


text:
Citation and commencement
1
This Order may be cited as the Financial Services Act 1986 (Gas Industry Exemption) (Amendment) Order 1996 and shall come into force on 22nd May 1996.
Amendments
2
In article 1 of the Financial Services (Gas Industry Exemption) Order the words“Financial Services Act 1986 (Gas Industry Exemption) Order 1996” shall be substituted for the words “Financial Services (Gas Industry Exemption) Order”.
Michael Bates
Simon Burns
Two of the Lords Commissioners of Her Majesty’s Treasury
1st May 1996


text:
Commencement and citation
1
This Order may be cited as the A501 Trunk Road (Camden and Islington) Red Route (Bus Lanes) Experimental Traffic Order 1996, and shall come into force on 31st May 1996.
Interpretation
2
In this Order —
a
a reference to an article followed by a number is a reference to the article of this Order so numbered.
b
cause includes permit.
c
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 .
d
“schedule” means the schedule to this Order.
Bus lane controls
3
1
Except as provided in paragraph (2) of this article, and subject to the provisions of article 4, no person shall cause any vehicle to enter or proceed in any bus lane specified in the schedule.
2
The controls specified in paragraph (1) of this article do not apply in respect of a bus.
3
In this article
a
“bus” means: —
before 1 January 1997
i
a public service vehicle used for the provision of a local service or a scheduled express service,
ii
a school bus, and
iii
a works bus;
after 31 December 1996
i
a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver), and
ii
a local bus not so constructed or adapted; and
at any time a vehicle which
i
is constructed or adapted for the carriage of disabled persons and their companions, and which is being used to provide a service for the carriage of such persons, and
ii
displays so as to be conspicuous from outside the vehicle a disc in a form approved by or with the authority of the Traffic Director for London and containing the words DIAL-A-RIDE.
b
“bus lane” means an area of the carriageway of a road marked with the traffic signs shown in diagrams 1048 and 1049 in schedule 6 to the Traffic Signs Regulations and General Directions 1994 ; and
c
“local bus”, “local service”, “scheduled express service”, “school bus”, and “works bus” have the meanings given to those expressions in regulation 4 of the Traffic Signs Regulations and General Directions 1994.
Exemptions
4
The controls specified in article 3(1) do not apply to: —
a
a vehicle being used for ambulance, fire brigade or police purposes;
b
a vehicle being used in connection with the removal of any obstructions to traffic;
c
a vehicle being used in connection with the maintenance, improvement or reconstruction of a bus lane;
d
a vehicle entering a bus lane so as to avoid an accident;
e
a vehicle entering a bus lane so as to get or give help in consequence of an accident or an emergency or otherwise taking action for public safety;
f
anything done with the permission or at the direction of a police constable in uniform or a traffic warden; or
g
any person causing any vehicle to enter or proceed in the bus lane specified in item 2 of the Schedule, from any part of Pentonville Road which does not comprise that bus lane through the gap at the junction of Pentonville Road and Kings Cross Road, if that vehicle forthwith enters Kings Cross Road.
Power to modify or suspend this Order
5
If it appears to the Traffic Director for London, or some person authorised by him, essential in the interest of the expeditious, convenient and safe movement of traffic, or for preserving or improving the amenities of the area through which any road affected by this Order runs, and after consulting with the Commissioner of Police of the Metropolis, he may modify or suspend any provision of this Order, save that no modification shall make an addition.
Suspension of existing Order
6
1
Subject to paragraph (2) of this article the Camden and Islington (Bus Lanes) ( No. 1) Traffic Order 1976 is hereby suspended.
2
The suspension specified in paragraph (1) of this article shall take effect in respect of any provision contained in the Camden and Islington (Bus Lanes) (No. 1) Traffic Order 1976 only from the time at which the traffic sign indicating the effect of that provision has been obliterated.
Signed in accordance with a direction from the Secretary of State for Transport
Derek Turner
Traffic Director for London
20 May 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Financial Services Act 1986 (Restriction of Scope of Act and Meaning of Collective Investment Scheme) Order 1996.
2
This Order shall come into force on 1st January 1997.
3
In this Order, “ the Act ” means the Financial Services Act 1986.
Restriction of scope of Act
Amendment of Part III of Schedule 1 to the Act
2
1
Nothing in paragraphs 17 to 19 and 21 of Schedule 1 to the Act shall have the effect that the provision of any core investment service to third parties on a professional basis is excluded from the activities which fall within the paragraphs in Part II of that Schedule in any case in which the service is provided —
a
by a UK investment firm; or
b
by an investment firm which would be a UK investment firm if it was incorporated in or formed under the law of any part of the United Kingdom or, being an individual, had his head office in the United Kingdom.
2
In this article, “core investment service”, “investment firm” and “UK investment firm” have the meanings assigned to those expressions by regulation 2 of the Investment Services Regulations 1995 .
3
In consequence of the provisions made by this article, paragraph (1) of article 6 of the Financial Services Act 1986 (Investment Services) (Extension of Scope of Act) Order 1995 is hereby revoked.
Meaning of collective investment scheme
Meaning of collective investment scheme
3
1
In section 75(6)(1) of the Act, for the words “paragraph 34 or 35” there shall be substituted “any of paragraphs 34 to 36”.
2
In Schedule 1 to the Act, after paragraph 35 there shall be inserted —
36
—
1
For the purposes of this Schedule, arrangements are not a collective investment scheme if they are operated by a body corporate, a body corporate connected with it or a relevant trustee, for the purpose of enabling or facilitating transactions in shares in or debentures of the first-mentioned body between or for the benefit of any of the persons mentioned in sub-paragraph (2) below or the holding of such shares or debentures by or for the benefit of any such persons.
2
The persons referred to in sub-paragraph (1) above are —
a
the bona fide employees or former employees of the body corporate or of another body corporate in the same group; or
b
the wives, husbands, widows, widowers, or children or step-children under the age of eighteen of such employees or former employees.
3
In this paragraph, “a relevant trustee” means a person holding shares in or debentures of a body corporate as trustee in pursuance of arrangements mentioned in sub-paragraph (1) above which were made by, or by a body corporate connected with, that body corporate.
4
In this paragraph “shares” and “debentures” include any investment falling within paragraph 1 or 2 above and also include any investment falling within paragraph 4 or 5 above so far as relating to those paragraphs or any investment falling within paragraph 11 above so far as relating to paragraphs 1, 2, 4 or 5.
5
For the purposes of this paragraph a body corporate is connected with another body corporate if —
a
they are in the same group; or
b
one is entitled, either alone or with any other body corporate in the same group, to exercise or control the exercise of a majority of the voting rights attributable to the share capital which are exercisable in all circumstances at any general meeting of the other body corporate or its holding company..
Patrick McLoughlin
Richard Ottaway
Two of the Lords Commissioners of Her Majesty’s Treasury
28th November 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Lewisham Hospital 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 Lambeth, Southwark and Lewisham Health Authority established on 1st April 1996 ;
“the old Authority” means the South East London Health Authority established on 1st April 1993 and abolished on 1st April 1996 ;
“the Trust” means the Lewisham Hospital 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:
1
These Regulations may be cited as the National Savings Bank (Amendment) Regulations 1996, and shall come into force on 9th April 1996.
2
The National Savings Bank Regulations 1972 shall be amended by substituting the following for regulation 29 —
Withdrawal or transfer of investment deposits
29
1
Except in the case of withdrawal or transfer under paragraph (2) below, or where the Director of Savings otherwise directs, money deposited by way of investment deposit (or any interest thereon) may not be withdrawn or transferred (except to an investment deposit account) unless one month’s prior notice of withdrawal or transfer thereof has been given to the Director of Savings in accordance with this regulation.
2
The Director of Savings may permit —
a
money which has been deposited by way of investment deposit for a continuous period of not less than 30 days, and
b
interest on any money deposited by way of investment deposit,
to be withdrawn or transferred (except to an investment deposit account) otherwise than upon the giving of the notice required by paragraph (1) above, but subject instead to the condition described in paragraph (4) below.
3
In calculating the period of 30 days mentioned in paragraph (2)(a) above, the day on which the money was deposited shall be included, but not the day on which it is withdrawn.
4
For the purposes of paragraph (2) above, the condition is that an amount calculated in accordance with paragraph (5) below shall be debited from the account from which the withdrawal is made and shall be treated as having been —
a
withdrawn on the same day as, but immediately before, the withdrawal is made, and thereupon
b
paid to the Director of Savings (otherwise than by way of deposit in the National Savings Bank) by the person entitled to payment of the deposits standing to the credit of that account.
5
The amount mentioned in paragraph (4) above is the amount equal to the interest earned on the sum withdrawn during the period of 30 days immediately preceding the day on which the withdrawal is made.
6
For the purposes of paragraph (5) above, any part of the amount withdrawn which —
a
consists of interest which was calculated to the preceding 31st December and then capitalised (in accordance with regulation 42(2) below), and
b
has not itself earned interest for the full period of 30 days mentioned in that paragraph,
shall be treated as having also earned interest (‘additional interest’) during such period (‘the additional period’) immediately preceding the commencement of the period on which it began so earning, as is necessary to complete the period of 30 days for the purposes of that paragraph.
7
For the purposes of paragraph (6) above, additional interest shall be calculated using the rate of interest from time to time applicable to money deposited in the relevant account during the additional period (and, where the applicable rate would have depended on the balance of that account at any time, regard shall be had to the actual balance at that time, without treating any interest as having been calculated and added to the principal on a date earlier than that on which it was so added, except that a balance of at least one pound shall always be assumed for the purposes of this paragraph).
8
For the purposes of the preceding paragraphs of this regulation, a withdrawal shall be deemed to be made on the earliest day on which the relevant payment warrant is payable.
9
Every notice of withdrawal under paragraph (1) above shall be given by sending or delivering to the Director of Savings at the principal office of the National Savings Bank an application for withdrawal in the approved form signed by the depositor or other person entitled to sign the application.
10
In relation to an application for withdrawal in accordance with paragraph (9) above, regulation 21 above shall apply as if the words ‘on the expiration of one month beginning with the day on which the application is received at the principal office of the National Savings Bank’ were inserted after the words ‘requesting that payment be made’ in regulation 21(1).
11
Every notice of transfer under paragraph (1) above shall be given by sending or delivering to the Director of Savings at the principal office of the National Savings Bank an application for transfer in the approved form requesting that the transfer be made on the expiration of one month beginning with the day on which the application is received at the principal office, and the application shall be accompanied by the relevant deposit book.
.
Bowen Wells
Michael Bates
Two of the Lords Commissioners of Her Majesty’s Treasury
14th March 1996


text:
Citation and interpretation
1
This Order may be cited as the National Health Service (Amendment) Act 1995 (Commencement No. 3) Order 1996.
Appointed day
2
1st April 1996 is the day appointed for the coming into force of all the provisions of the National Health Service (Amendment) Act 1995 so far as they are not already in force.
Stephen Dorrell
Secretary of State for Health
4th March 1996