text:
Commencement and citation
1
This Order may be cited as the A4 Trunk Road (Hounslow) Red Route (Clearway) Traffic Order 1996, and shall come into force on 1st May 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 clearway” 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 paragraph (2) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop at any time in the trunk road red route clearway.
2
The controls specified in paragraph (1) of this article do not apply in respect of any area of the trunk road red route clearway specified in schedule 2.
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 3A 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
Not taken up.
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 3D 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
Not taken up.
4
Not taken up.
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 table in schedule 4B 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 disabled person’s 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 3A during the hours specified in column (3) in that item.
2
Not taken up.
3
Not taken up.
Exemptions at bus stops and stands
8
1
The controls specified in article 3(1) 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) do not apply in respect of a person causing a vehicle being used to provide a local service to stop at a bus stand (being an area of road bounded by a traffic sign which includes the words “bus stand”) for so long only as may be required for timetabling reasons.
3
This article applies —
a
before 1st January 1997 to
i
a public service vehicle used for the provision of a local service or a scheduled express service,
ii
a school bus, and
iii
a works bus; and
b
after 31st December 1996 to
i
a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver), and
ii
a local bus not so constructed or adapted.
4
In this article “local bus”, “local service”, “scheduled express service”, “school bus” and “works bus” have the meanings given to those expressions in regulation 4 of the Traffic Signs Regulations and General Directions 1994 .
Other exemptions
9
1
The controls specified in article 3(1) 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) 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) 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
Subject to paragraph (2) of this article, the Hounslow (Waiting and Loading Restriction) Order 1977 is hereby revoked, in so far as its provisions relate to any part of the trunk road red route clearway.
2
The revocation specified in paragraph (1) of this article shall take effect in respect of any provision contained in the Hounslow (Waiting and Loading Restriction) Order 1977 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
25th April 1996


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Education (Recognised Awards) (Richmond College) Order 1996 and shall come into force on 30th June 1996.
Designation of awards
2
Any award granted or to be granted before 31st October 1996 by Richmond College, the American International University in London is hereby designated as a recognised award for the purposes of section 214 of the Education Reform Act 1988.
Eric Forth
Minister of State,
Department for Education and Employment
7th June 1996


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service Trusts (Consultation on Establishment and Dissolution) Regulations 1996 and shall come into force on 1st April 1996.
2
In these Regulations, unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“dissolution order” means an order under paragraph 29 of Schedule 2 to the Act dissolving an NHS trust;
“establishment order” means an order under section 5(1) of the Act establishing an NHS trust;
“relevant Community Health Council” means, in relation to an NHS trust, the Community Health Council in whose district is situated —
in a case where the Secretary of State is considering making an establishment order, any hospital or other establishment or facility in respect of which the NHS trust is to be established;
in a case to which regulation 2(2) of these Regulations applies, any premises the address of which is specified in article 3(2) of the NHS trust’s establishment order;
in a case where the Secretary of State is considering making a dissolution order or a transfer order, any hospital or other establishment or facility which is referred to in article 3(2) of the trust’s establishment order;
“staff interests” means such persons or bodies as the NHS trust which is to be dissolved may recognise as representing persons who are employed by or for the purposes of that NHS trust, and who are, in its opinion, likely to be affected by a transfer order;
“the Schedule” means Schedule 2 to the Act;
“transfer order” means an order under paragraph 30 of the Schedule transferring or providing for the transfer of property, rights, liabilities and staff of an NHS trust.
Consultation
2
1
Subject to paragraph (8) of this regulation, for the purposes of section 5(2) of the Act, the prescribed consultation which must be completed before the Secretary of State may make an establishment order is consultation by the Secretary of State with the relevant Community Health Council.
2
For the purposes of section 5(2) of the Act, the prescribed consultation which must be completed before the Secretary of State may make an order having the effect that an NHS trust established for the purpose specified in section 5(1)(a) of the Act is established for the purpose specified in section 5(1)(b) of that Act, is consultation by the Secretary of State with the relevant Community Health Council.
3
For the purposes of section 5(2) of the Act, the prescribed consultation which must be completed before the Secretary of State may make an order under section 5(1) of the Act in relation to an NHS trust in circumstances to which neither paragraph (1) nor paragraph (2) of this regulation applies, is consultation by the Secretary of State with that NHS trust.
4
Subject to paragraph (8) of this regulation, for the purposes of paragraph 29(3) of the Schedule, the prescribed consultation which, except in cases of urgency, must be completed before the Secretary of State may make a dissolution order is —
a
where the dissolution order is to be made pursuant to paragraph 29(2)(a) of the Schedule (dissolution on the application of the NHS trust concerned), consultation by that NHS trust with the relevant Community Health Council, the results of which shall, within such period, if any, as the Secretary of State may determine, be reported by the NHS trust to the Secretary of State;
b
where the dissolution order is to be made pursuant to paragraph 29(2)(b) of the Schedule (where the Secretary of State considers dissolution to be appropriate in the interests of the health service), consultation by the Secretary of State with the relevant Community Health Council.
5
Where a dissolution order is to be made in respect of two or more NHS trusts, the consultation prescribed by paragraph (4)(a) above may be undertaken jointly by the NHS trusts concerned.
6
Subject to paragraph (8) of this regulation, for the purposes of paragraph 30(3) of the Schedule, the prescribed consultation which must be completed before the Secretary of State may make a transfer order shall be —
a
where the dissolution order in respect of that NHS trust is to be made pursuant to paragraph 29(2)(a) of the Schedule, consultation by that NHS trust with the relevant Community Health Council and staff interests, the results of which shall, within such period, if any, as the Secretary of State may determine, be reported by that NHS trust to the Secretary of State;
b
where the dissolution order in respect of that NHS trust is to be made pursuant to paragraph 29(2)(b) of the Schedule, consultation by the Secretary of State with the relevant Community Health Council and staff interests.
7
Consultation required by paragraph (6) of this regulation may be combined with the consultation required by paragraph (4) of this regulation; and where orders under paragraph 30 of the Schedule are to be made in respect of two or more NHS trusts, any consultation required by paragraph (6)(a) of this regulation may be undertaken jointly by the NHS trusts concerned.
8
Where the Secretary of State proposes to make —
a
a dissolution order;
b
an establishment order; and
c
an order under paragraph 30 of the Schedule transferring the property, rights and liabilities of the NHS trust to be dissolved by that dissolution order to the NHS trust to be established by that establishment order,
the prescribed consultation for the purposes of paragraphs 29(3) and 30(3) of the Schedule is consultation by the Secretary of State with, respectively, the relevant Community Health Council and the relevant Community Health Council and staff interests, which may be combined with each other and with the consultation prescribed by paragraph (1) of this regulation.
Revocations
3
The National Health Service Trusts (Consultation on Dissolution) Regulations 1991 and the National Health Service Trusts (Consultation on Dissolution) Amendment Regulations 1992 are hereby revoked.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State
Department of Health
7th March 1996


text:
Title and commencement
1
This Order may be cited as the Specified Bovine Material (No. 3) Order 1996 and shall come into force on 26th July 1996.
Interpretation
2
1
In this Order, unless the context otherwise requires —
“approved” means approved by the appropriate Minister;
“enforcement authority” means the appropriate body specified in article 26 below;
“feeding stuff” has the meaning given to it by section 66(1) of the Agriculture Act 1970 ;
“food” has the same meaning as in the Food Safety Act 1990 ;
“intestines” means that part of the digestive tract of a bovine animal from the junction of the abomasum and the duodenum to (and including) the rectum;
“scheme animal” means a bovine animal which has been slaughtered pursuant to the purchase scheme introduced under Commission Regulation ( EC ) No. 716/96 adopting exceptional support measures for the beef market in the United Kingdom;
“sell” includes have in possession for sale or offer or expose for sale;
“slaughterhouse” means any building, premises or place licensed for slaughtering animals the flesh of which is intended for sale for human consumption;
“specified bovine material” means —
subject to (d) below, the head (including the brain but excluding the tongue), spinal cord, spleen, thymus, tonsils and intestines of a bovine animal six months old or over which has died in the United Kingdom or has been slaughtered there;
the thymus and intestines of a bovine animal two months old or over but less than six months old which has died in the United Kingdom or has been slaughtered there;
the thymus and intestines of a bovine animal under two months old which has been slaughtered in the United Kingdom for human consumption;
subject to paragraph (4) below, the head (including the brain and the tongue), spinal cord, spleen, thymus, tonsils and intestines of a scheme animal; and
specified solid waste,
and includes anything left attached to such material after dissection of the carcase and any animal matter which comes into contact with the material after it has been removed from the carcase, but does not include a whole carcase;
“specified solid waste” means any solid matter resulting from the slaughter of bovine animals, or from the subsequent processing of their carcases, which is collected in any part of the drainage system draining any place where specified bovine material is handled;
“tallow” means fat derived from animal tissues by a process of cooking;
“vertebral column” means the whole or any part thereof and includes the sacrum but does not include the coccygeal vertebrae.
2
For the purposes of this Order the supply of specified bovine material, food or feeding stuffs otherwise than by sale at, in or from any place where food or feeding stuffs are supplied in the course of a business, shall be deemed to be a sale.
3
In this Order the expression “mechanical means” does not include the use of hand held powered knives which do not use powered pressure or suction.
4
The provisions of this Order shall apply to specified bovine material from scheme animals, save that the provisions appearing in Column 1 of the Table in Schedule 2 to this Order shall apply only to the extent, and subject to the modifications, specified in Column 2.
5
For the purposes of this Order, material shall be treated as a feeding stuff whether it is used or intended for use as a feeding stuff by itself or as an ingredient or additive in something which is so used or intended for such use.
Approvals
3
1
The appropriate Minister may, on application, approve any premises for the purpose of this Order if he is satisfied that such premises are properly equipped to carry out the functions to which the approval relates and comply with the requirements of this Order.
2
Any approval granted under this Order shall be in writing and may be made subject to conditions and be amended, suspended or revoked at any time by notice in writing served on the person to whom the approval was granted if the appropriate Minister is satisfied that the conditions of this Order, or any additional conditions in the approval, are not being complied with.
Specified bovine material for human consumption
4
1
No person shall sell any specified bovine material, or any food containing specified bovine material, for human consumption.
2
No person shall use any specified bovine material in the preparation of food for sale for human consumption.
3
No person shall sell any specified bovine material for use in the preparation of food for human consumption.
4
For the purposes of this article “specified bovine material” includes anything derived from it.
Prohibitions applying to the vertebral column
5
1
No person shall use the vertebral column of a bovine animal in the recovery of meat by mechanical means.
2
No person shall use, in the preparation of food for sale for human consumption, any meat which has been recovered by mechanical means from the vertebral column of a bovine animal.
3
No person shall use the vertebral column of a bovine animal from which meat has been cut, to produce food other than fat or gelatin for sale for human consumption.
Registration of premises on which meat is recovered by mechanical means from bovine animals
6
1
No person shall on any premises recover meat by mechanical means from the carcase of a bovine animal unless his name and the address of those premises are registered with the appropriate Minister.
2
The appropriate Minister shall keep a register for the purposes of paragraph (1) above.
3
An application for registration shall be in writing and in such form and manner as the appropriate Minister may require.
4
The appropriate Minister shall refuse to register the name of any person in respect of any premises unless the following particulars are notified to him in writing:
a
the business name, if any;
b
the name and address of the person who carries on the business;
c
the address and telephone number of the business; and
d
the address of each premises at which meat is recovered by mechanical means from a bovine animal in the course of the business.
5
Any person whose name is registered shall notify the appropriate Minister in writing of any change in the particulars previously notified to him within 14 days of any such change.
Specified bovine material for animal consumption
7
1
No person shall sell any specified bovine material, or any feeding stuff containing specified bovine material, for feeding to animals.
2
No person shall use any specified bovine material in the preparation of any feeding stuff for animals.
3
No person shall sell any specified bovine material for use in the preparation of any feeding stuff for animals.
4
No person shall feed to an animal any specified bovine material or any feeding stuff containing specified bovine material.
5
For the purposes of this article “specified bovine material” includes anything derived from it other than fatty acids which have been extracted from tallow subjected to thermal hydrolysis at hyperbaric pressure.
6
Paragraph (4) above shall not apply to the feeding to any animal of any specified bovine material or feeding stuff for research purposes in a research establishment under the authority of a licence issued by a veterinary inspector of the Minister and in accordance with any conditions subject to which the licence is issued, and paragraph (2) above shall not apply to the use of any specified bovine material in the preparation of any feeding stuff for such feeding.
Initial treatment of bovine carcases in a slaughterhouse
8
1
When a bovine animal is slaughtered in a slaughterhouse, or slaughtered elsewhere than in a slaughterhouse but brought immediately to a slaughterhouse to be dressed for human consumption, the occupier of the slaughterhouse shall ensure that all specified bovine material is removed from the rest of the carcase.
2
Subject to the following provisions of this article, the occupier shall ensure that the specified bovine material which has been removed (other than the head) is stained immediately, and in any event before it is frozen, by being treated (whether by immersion, spraying or other application) with a 0.5% weight/volume solution of the colouring agent Patent Blue V (E131, 1971 Colour Index No. 42051) in such way that the colouring is clearly visible over the whole surface of the material.
3
The occupier shall ensure that the head is stained immediately after slaughter by being treated (whether by immersion, spraying or other application) with a 0.5% weight/volume solution of the colouring agent Patent Blue V (E131, 1971 Colour Index No. 42051) in such a way that the colouring is clearly visible over its whole surface; except that, if the tongue is to be removed, this shall be done immediately after slaughter and the head shall be stained immediately after the removal of the tongue.
4
The occupier shall ensure that the specified bovine material does not come into contact with any other animal material while in the slaughterhouse and that it is disposed of in accordance with this Order.
5
Material which is not specified bovine material may be separated from intestines which have been removed from the carcase before the intestines are stained.
6
In the case of specified bovine material which is intended to be examined by or on behalf of an officer of the appropriate Minister or a veterinary surgeon, the specified bovine material shall not be stained until after the completion of such examination.
7
The requirement to stain specified bovine material shall not apply in the case of specified bovine material which is intended to be used for non-food or non-feeding stuff purposes in accordance with article 19 below.
8
In the case of scheme animals, the occupier shall ensure that, once the specified bovine material has been removed, the remainder of the carcase (excluding the hide), is stained immediately with a 0.5% weight/volume solution of the colouring agent Tartrazine (E102, Colour Index No. 19140), in such a way that the colouring is clearly visible over the whole surface.
9
The occupier of any slaughterhouse where specified bovine material is removed from carcases pursuant to this article shall arrange or establish in consultation with an official veterinary surgeon a staff training programme to train staff to comply with those requirements of this Order which they perform on those premises.
10
In this article, “official veterinary surgeon” means a veterinary surgeon designated under regulation 8 of the Fresh Meat (Hygiene and Inspection) Regulations 1995 .
Initial treatment of specified bovine material elsewhere than in a slaughterhouse
9
1
Subject to the following provisions of this article, when specified bovine material is removed from the carcase of a bovine animal elsewhere than in a slaughterhouse, the occupier of the premises at which the specified bovine material is removed shall ensure that it is stained immediately, and in any event before it is frozen, by being treated (whether by immersion, spraying or other application) with a 0.5% weight/volume solution of the colouring agent Patent Blue V (E131, 1971 Colour Index No. 42051) in such a way that the colouring is clearly visible over the whole surface of the material.
2
The occupier shall ensure that the specified bovine material does not come into contact with any other animal material while on the premises and that it is disposed of in accordance with this Order.
3
In the case of specified bovine material which is intended to be examined by or on behalf of an officer of the appropriate Minister or a veterinary surgeon, the specified bovine material shall not be stained until after the completion of the examination.
4
The requirement to stain specified bovine material shall not apply in the case of specified bovine material which is intended to be used for non-food or non-feeding stuff purposes in accordance with article 19 below.
5
The provisions of this article shall not apply in the case of a post-mortem examination carried out by a veterinary surgeon or a veterinary practitioner provided that he makes arrangements for the disposal of the whole of the carcase by burial.
Rendering whole carcases
10
Any person rendering a whole bovine carcase shall do so in accordance with article 18 below in the same way as if the carcase were specified bovine material.
Exceptions from the requirement to stain specified bovine material
11
The requirement in articles 8 and 9 above to stain specified bovine material shall not apply —
a
if the specified bovine material is to be sent to a veterinary or medical school, laboratory, hospital or similar institution for instructional, diagnostic or research purposes; or
b
to specified solid waste,
provided that it is stored separately from all other animal materials and is clearly identified as specified bovine material.
Prohibition on the removal of the brain and eyes of a bovine animal
12
No person shall remove the brain or eyes from the carcase of a bovine animal aged over six months except —
a
for the purposes of veterinary or scientific examination; and
b
in a part of the premises kept free at all time from food intended for human consumption.
Prohibition on the removal of the spinal cord of a bovine animal
13
1
No person shall remove the spinal cord from the vertebral column of a bovine animal aged six months or over except in a slaughterhouse or for the purposes of veterinary or scientific examination.
2
If the spinal cord is removed in a slaughterhouse, it shall be disposed of as specified bovine material in accordance with this Order.
3
If the spinal cord is removed at any premises other than a slaughterhouse for the purposes of veterinary or scientific examination, after that examination both the spinal cord and the vertebral column shall be disposed of as specified bovine material in accordance with this Order.
Prohibition on bringing in specified bovine material from Northern Ireland
14
1
No person shall bring any specified bovine material into Great Britain from Northern Ireland unless it has been stained in the same way as it would have been had it been obtained in Great Britain.
2
Any person bringing specified bovine material into Great Britain from Northern Ireland shall immediately transport it to one of the destinations specified in article 15(1) below.
Consignment of specified bovine material
15
1
Once specified bovine material has been removed from the carcase and treated in accordance with this Order, or, in the case of specified solid waste, recovered from the drainage system, the person responsible for its removal or recovery shall, without unreasonable delay, send it directly to —
a
an approved collection centre;
b
an approved rendering plant;
c
premises referred to in article 11(a) above;
d
an approved incinerator;
e
any other premises approved by the appropriate Minister which are not connected with the manufacture or preparation of food or feeding stuffs.
2
Any person consigning specified bovine material from the place where it was removed from the carcase or recovered from a drainage system shall keep a record for two years from the date of consignment of the weight consigned, the date it was consigned and the destination of the specified bovine material.
Approved collection centres
16
1
Any person delivering specified bovine material to an approved collection centre shall state in writing to the operator of the collection centre concerned the place from which that specified bovine material was collected for delivery to that collection centre.
2
No person shall take delivery of specified bovine material at a collection centre, or operate a collection centre for specified bovine material, unless it has been approved by the appropriate Minister and has sufficient facilities for storing and handling specified bovine material in a manner which keeps it separate from other animal material.
3
The operator of an approved collection centre shall record on arrival of specified bovine material at the premises —
a
the weight of the specified bovine material delivered;
b
the date of delivery; and
c
the place from which it was consigned,
and shall keep such records for two years from the date of arrival.
4
The operator of an approved collection centre shall ensure that all specified bovine material in the collection centre is kept separate from all other animal material.
5
No person shall remove specified bovine material from an approved collection centre except to an approved renderer or an approved incinerator, and shall keep a record for two years from the date of consignment of the weight of any specified bovine material consigned, the date of such consignment and the point of destination.
Approved incinerators
17
1
Any person delivering specified bovine material to an approved incinerator shall state in writing to the operator of the incinerator concerned the place from which that specified bovine material was collected for delivery to that incinerator.
2
No person shall operate an incinerator incinerating specified bovine material unless —
a
the incinerator has been approved by the appropriate Minister as having suitable facilities to incinerate specified bovine material in accordance with paragraph (4) below;
b
he disposes of the ash in a way that does not pose a risk to human or animal health; and
c
the incinerator is equipped with a refractory lining and is heated by fuel conveyed into the incinerator during incineration by mechanically forced draught.
3
The operator of an approved incinerator shall record on arrival of specified bovine material at the premises —
a
the weight of the specified bovine material delivered;
b
the date of delivery; and
c
the place from which it was consigned,
and shall keep such records for two years from the date of arrival.
4
The operator of an approved incinerator shall incinerate all specified bovine material delivered to him to a standard specified in the approval and in such a way that all moisture is removed, the material is reduced to ash and the ash is disposed of in accordance with the terms of the approval.
5
No person shall remove specified bovine material from an approved incinerator unless it has been completely incinerated.
Approved rendering plants
18
1
Any person delivering specified bovine material to an approved rendering plant shall state in writing to the operator of the rendering plant concerned the place from which that specified bovine material was collected for delivery to that rendering plant.
2
No person shall take delivery of specified bovine material at a rendering plant, or operate a rendering plant for specified bovine material, unless it has been approved by the appropriate Minister as having the facilities specified in Part 1 of Schedule 1 to this Order sufficient to enable it to separate the specified bovine material into protein and tallow by one of the methods specified in Part II of that Schedule.
3
The operator of an approved rendering plant shall record on arrival of specified bovine material at the premises —
a
the weight of the specified bovine material delivered;
b
the date of delivery; and
c
the place from which it was consigned,
and shall keep such records for two years from the date of arrival.
4
The operator of an approved rendering plant shall ensure that all specified bovine material in the rendering plant is kept and stored separately from all other material, handled separately from other material and rendered separately from other material.
5
The operator of an approved rendering plant shall ensure that specified bovine material is processed without undue delay and in any event within seven days of delivery using one of the methods described in Part II of Schedule 1 to this Order.
6
The operator of an approved rendering plant shall ensure that any equipment used for processing specified bovine material is used only for that purpose.
7
After the specified bovine material has been processed and separated into protein and tallow the operator of the plant shall ensure that —
a
all protein is placed in a container labelled “specified bovine material” and disposed of —
i
by burial at a landfill site for which there exists a current waste management licence granted under section 35 of the Environmental Protection Act 1990 ; or
ii
as specified in the approval; or
iii
sent to an approved incinerator for incineration; and
b
all tallow is placed in a container labelled “specified bovine material” and —
i
disposed of by burial at a landfill site for which there exists a current waste management licence granted under section 35 of the Environmental Protection Act 1990; or
ii
sent for purposes not connected with the preparation of food or feeding stuffs; or
iii
sent for treatment by thermal hydrolysis at hyperbaric pressure.
8
Protein and tallow produced from animal material, other than specified bovine material, from scheme animals shall be disposed of by burning in a manner which has been licensed under the Environmental Protection Act 1990.
9
The operator of an approved rendering plant shall keep a record for two years of the weight of protein consigned and a separate record of the weight of tallow consigned, and in each case the date of such consignment and the point of destination.
10
The operator of an approved rendering plant shall ensure that all containers, receptacles and vehicles which have been used for the transport of specified bovine material are cleaned, washed and disinfected before they leave the premises.
11
No person shall move from the unclean section of an approved rendering plant (as specified by the occupier in accordance with paragraph 3 of Part I of Schedule 1 to this Order) into the clean section without first changing his working clothes and footwear or disinfecting the latter.
12
No person shall take equipment or utensils from the unclean section into the clean section of an approved rendering plant unless the equipment or utensils are first washed and disinfected.
13
The operator of an approved rendering plant shall ensure that systematic measures are taken to control birds, rodents, insects and other vermin on the premises.
14
The operator of an approved rendering plant shall ensure that the premises and equipment are kept in a good state of repair and that measuring equipment is calibrated at regular intervals.
Approved premises not connected with food and feeding stuffs
19
1
This article shall apply to premises approved by the appropriate Minister as being suitable to process specified bovine material for use in a manufacturing process, provided that such manufacture is not in any way connected with food or feeding stuffs and does not pose a risk to human or animal health.
2
Any person delivering specified bovine material to premises approved under this article shall state in writing to the operator of the premises concerned the place from which that specified bovine material was collected for delivery to those premises.
3
No person shall process specified bovine material at premises approved under this article except in accordance with the conditions of the approval.
4
The operator of such approved premises shall record on arrival of specified bovine material at the premises —
a
the weight of the specified bovine material delivered;
b
the date of delivery; and
c
the place from which it was consigned,
and shall keep such records for two years from the date of arrival.
Veterinary or laboratory premises, etc.
20
1
No person shall transport specified bovine material to premises specified in article 11 above unless the specified bovine material is in a container marked with —
a
the words “specified bovine material”;
b
its place of destination; and
c
the name of the person to whom it is being sent.
2
Any person delivering specified bovine material to such premises shall state in writing to the occupier of the premises the place from which the specified bovine material was collected for delivery.
3
The person to whom the specified bovine material is consigned shall record on arrival of the specified bovine material at the premises —
a
the weight of the specified bovine material delivered;
b
the date of delivery; and
c
the place from which it was consigned,
and shall keep such records for two years from the date of arrival.
4
When the specified bovine material is no longer needed, the person to whom it was consigned shall ensure that any residual specified bovine material is buried or effectively destroyed and shall keep a record for two years of the place and method of burial or destruction.
Power to give directions
21
1
If the appropriate Minister is satisfied that specified bovine material cannot be disposed of under the provisions of this Order, whether for reasons of mechanical breakdown of equipment or otherwise, he may give written directions to the owner or person in control of the specified bovine material for its disposal in a safe manner.
2
In the event of any person not complying with those directions, the appropriate Minister may make arrangements for the disposal of the specified bovine material at the expense of the owner.
3
Any person failing to comply with any direction given under this Order shall be guilty of an offence under the Animal Health Act 1981 .
Consignment
22
No person shall consign from Great Britain to another member State specified bovine material, or protein or tallow derived from specified bovine material, except in accordance with licence granted by the Minister.
Samples
23
Where an inspector has reasonable grounds for supposing that the provisions of this Order are not being complied with, he may take from any carcase or part of a carcase, tallow, protein, material, food or feeding stuff such samples as he considers necessary to establish whether or not an offence has taken place.
Transport
24
1
The person in control of a vehicle transporting specified bovine material shall ensure that it is conveyed either in an impervious container which contains nothing but specified bovine material or in a part of the vehicle which is impervious and contains nothing but specified bovine material and which in either case is kept covered at all times except when necessary for loading or unloading or examination by an authorised officer of an enforcement authority.
2
Any person transporting specified bovine material shall ensure that the part of the vehicle in which specified bovine material has been conveyed is thoroughly washed and disinfected before any food, feeding stuff or other animal material is subsequently placed in that part of the vehicle.
3
In this article the expression “vehicle” means, in any case in which specified bovine material is conveyed in a bulk container, that container.
Storage
25
1
Subject to paragraph (2) below, no person shall store specified bovine material in the same room as food or feeding stuff.
2
The requirement in paragraph (1) above shall not apply where an officer of the enforcement authority has approved the storage of specified bovine material in the same room as food or feeding stuff on being satisfied that the arrangements for storage will ensure the adequate separation of the specified bovine material from the food.
Enforcement
26
1
This Order shall be enforced —
a
in relation to premises licensed under the Fresh Meat (Hygiene and Inspection) Regulations 1995 by the appropriate Minister; and
b
in any other case by the local authority.
Revocation and saving
27
1
The Specified Bovine Material (No. 2) Order 1996 is hereby revoked.
2
Any approval granted or having effect as if granted under the Specified Bovine Material (No. 2) Order 1996 shall continue to operate as if granted under the equivalent provision of this Order.
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
23rd July 1996
Lindsay
Parliamentary Under Secretary of State, Scottish Office
24th July 1996
Signed by authority of the Secretary of State for Wales
Jonathan Evans
Parliamentary Under Secretary of State, Welsh Office
24th July 1996


text:
Title, extent and commencement
1
These Regulations may be cited as the Rural Development Grants (Agriculture) (Amendment) Regulations 1996, shall extend to England and shall come into force on 7th October 1996.
Amendment of the previous regulations
2
1
The Rural Development Grants (Agriculture) ( No. 2) Regulations 1995 shall be amended in accordance with the following provisions of this Regulation.
2
In regulation 2 (interpretation) —
a
after the definition of “the Minister” there shall be inserted the following definition —
“the operational programme” means the operational programme approved by the Commission Decision referred to in paragraph 10 of the Schedule;
; and
b
in the definition of “sub-programme”, for the phrase “appearing in the Schedule” there shall be substituted the phrase “referred to in paragraphs 4 to 9 of the Schedule”.
3
In regulation 5 (approval of operations) after the words “a sub-programme” there shall be inserted the words “or the operational programme”.
4
In regulation 11 (recovery of grant) —
a
for the words “Article 24.3” in regulation 11(2) there shall be substituted the words “Article 24”; and
b
after regulation 11(3) there shall be added the following paragraph —
4
Before exercising the powers of revocation and recovery referred to in paragraph (1), the Minister shall —
a
give the beneficiary a written explanation of the reasons for the proposed exercise;
b
afford the beneficiary an opportunity to make written representations within such time as the Minister considers reasonable; and
c
consider any representations made by the beneficiary.
.
5
In the Schedule (meaning of “Community legislation”) —
a
at the end of —
i
paragraph 1, and
ii
paragraph 2
there shall be added the words “and Council Regulation ( EC ) No. 3193/94 of 19th December 1994, OJ No. L337, 24.12.94, p.11”;
b
in paragraph 9, for “C(94) 3490 of 21st December 1994” there shall be substituted “C(95) 719 of 29th March 1995”; and
c
after paragraph 9 there shall be added the following paragraph —
10
Commission Decision No. C(95) 1797 of 27th July 1995 (as amended by Commission Decision C(95) 3184/4 of 14th December 1995) on the granting of assistance from the European Agricultural Guidance and Guarantee Fund ( EAGGF ), Guidance Section, the European Regional Development Fund ( ERDF ) and the European Social Fund ( ESF ) for an operational programme under the Community initiative LEADER II in the Objective 5(b) areas of England in the United Kingdom.
.
Tim Boswell
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
13th September 1996


text:
Citation and interpretation
1
1
This Order may be cited as the Pensions Act 1995 (Commencement No. 4) Order 1996.
2
In this Order, references to “the Act” are references to the Pensions Act 1995 and, except where the context otherwise requires, references to sections and Schedules are references to sections of, and Schedules to, the Act.
Appointed days
2
1
The day appointed for the coming into force of the provisions specified in Part I of the Schedule to this Order, is 1st August 1996.
2
The day appointed for the coming into force of the provisions specified in Part II of the Schedule to this Order, for the purpose only of authorising the making of regulations, is 1st June 1996.
3
The day appointed for the coming into force of section 78(6) of the Act: —
a
for the purpose only of authorising the making of regulations, is 1st June 1996; and
b
for all other purposes, is 1st August 1996.
4
The day appointed for the coming into force of Schedule 1 paragraph 13 of the Act and section 1(5) in so far as it relates to that paragraph, is 1st June 1996.
Signed by authority of the Secretary of State for Social Security.
Paul Evans
Parliamentary Under-Secretary of State,
Department of Social Security
31st May 1996


text:
Citation and commencement
1
This Order may be cited as the Local Government Changes (Rent Act Registration Areas) Order 1996 and shall come into force on 1st April 1997.
Amendment of registration areas
2
For the purposes of Part IV of the Rent Act 1977 (registration of rents under regulated tenancies) there shall be —
a
the Bedfordshire registration area comprising the counties of Bedfordshire and Luton;
b
the Buckinghamshire registration area comprising the counties of Buckinghamshire and Milton Keynes;
c
the Derbyshire registration area comprising the counties of Derbyshire and Derby;
d
the Dorset registration area comprising the counties of —
i
Bournemouth;
ii
Dorset; and
iii
Poole;
e
the Durham registration area comprising the counties of Darlington and Durham;
f
the East Sussex registration area comprising the counties of Brighton and Hove and East Sussex;
g
the Hampshire registration area comprising the counties of —
i
Hampshire;
ii
Portsmouth; and
iii
Southampton;
h
the Leicestershire registration area comprising the counties of —
i
Leicestershire;
ii
Leicester; and
iii
Rutland;
i
the Staffordshire registration area comprising the counties of Staffordshire and Stoke-on-Trent;
j
the Wiltshire registration area comprising the counties of Thamesdown and Wiltshire.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
7th October 1996


text:
Citation and commencement
1
This Order may be cited as the South Manchester University Hospitals National Health Service Trust (Establishment) Amendment Order 1996, and shall come into force on 1996.
Amendment of Establishment Order
2
In Article 3 of the South Manchester University Hospitals National Health Service Trust (Establishment) Order 1994 (functions of the trust) —
a
in paragraph (1) for “section 5(1)(a)” there shall be substituted “section 5(1)(b)”; and
b
in paragraph (2) for “own and manage” there shall be substituted “provide and manage”.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State,
Department of Health
27th March 1996


text:
1
This Order may be cited as the Public Telecommunication System Designation (SWEB Telecoms Limited) Order 1996 and shall come into force on 27th June 1996.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Ian Taylor,
Parliamentary Under Secretary of State,
Department of Trade and Industry
28th May 1996


text:
1
This Order may be cited as the Retirement Benefits Schemes (Indexation of Earnings Cap) Order 1996.
2
The figure specified in this Order, which is the figure found for the year of assessment 1997 – 98, for the purposes of section 590C of the Income and Corporation Taxes Act 1988, by virtue of subsections (4) and (5) of that section, is £84,000.
Bowen Wells
Michael Bates
Two of the Lords Commissioners of Her Majesty’s Treasury
26th November 1996


text:
1
This Order may be cited as the Naval Medical Compassionate Fund (Amendment) Order 1996 and shall come into force on 20th December 1996.
2
The Standing Orders and Regulations for the Constitution and Government of the Naval Medical Compassionate Fund, approved by the Order in Council dated 28th July 1915 , shall be amended as follows —
a
for paragraph (2) of Article 8, there shall be substituted the following paragraph —
2
A person eligible to become or continue as a Subscriber to the Fund may pay to the Honorary Treasurer of the Fund a Life Subscription. The amount to be paid by a person for a Life Subscription shall be such as may from time to time be determined by the Trustees as the amount payable by a person of his age and sex.
;
b
in Article 9 after the word “Orphans” in both places where it occurs there shall be inserted the word “, Widowers”;
c
for Article 12 there shall be substituted the following Article —
12
The annual statements of account prepared in accordance with the Charities Act 1993 shall be made accessible to all Members of the Fund attending the annual meeting held for the purpose of electing from among their numbers two Directors.
; and
d
the Schedule shall be deleted.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation and interpretation
1
1
This Order may be cited as the Housing Act 1996 (Commencement No. 3 and Transitional Provisions) Order 1996.
2
In this Order —
“landlord” means a registered social landlord within the meaning of Part I of the 1996 Act ;
“the 1985 Act ” means the Housing Associations Act 1985 ;
“the 1988 Act ” means the Housing Act 1988 ;
“the 1996 Act” means the Housing Act 1996.
Coming into force
2
The following provisions of the 1996 Act shall come into force on 24th September 1996 —
section 219,
section 220,
section 222 in so far as it relates to paragraph 30 of Schedule 18, and
section 227 in so far as it relates to the entry in Part XIV of Schedule 19 for the Local Government (Wales) Act 1994 .
3
Subject to the transitional provisions and savings in the Schedule to this Order, the following provisions of the 1996 Act shall come into force on 1st October 1996 —
section 1,
section 2 to the extent that it is not already in force,
section 3 to the extent that it is not already in force,
section 4,
section 6,
section 7 to the extent that it is not already in force,
section 8,
section 9 to the extent that it is not already in force,
sections 10 to 15 inclusive,
sections 22 and 23,
sections 30 to 34 inclusive,
section 36(7),
sections 37 to 50 inclusive,
section 55(1) in so far as it relates to paragraphs 1(1) to (4), 2 to 5 inclusive, 7 (to the extent it is not already in force), 8, 10 and 11 of Schedule 3,
section 76,
section 77,
section 80(3),
section 129(3) and (4),
section 135,
section 138(4) to (6),
section 139,
section 140,
section 141(2) and (3),
section 142,
section 143,
section 160(4) and (5),
section 165(1), (2) and (5),
section 167(3) to (5),
section 169,
section 172,
section 174,
section 177(3),
section 182,
section 183(2),
section 189(2) to (4),
section 199(5),
section 203(1), (2) and (7),
section 210(2),
section 215,
section 217,
section 218,
section 222 in so far as it relates to paragraphs of Schedule 18 not already in force, and section 227 in so far as it relates to —
Part I of Schedule 19,
Part IX of that Schedule except for the repeal in section 79(2)(a) of the 1988 Act, and
Parts X to XIII of that Schedule.
4
So much of the following provisions of the 1996 Act as confer on the Corporation or the Secretary of State a power to consult, to make determinations, directions, orders or regulations or prepare schemes shall come into force on 1st October 1996 —
section 18(2) and (7),
section 20(3),
section 21(3),
section 25,
section 27,
section 65,
section 66,
section 72,
section 75,
section 147,
section 161(2) and (3),
section 162(4).
section 163(7),
section 185(2) and (3),
section 194(6),
section 198(4) to (7), and
section 207(4) to (6).
5
Section 28(3) of the 1996 Act shall come into force on 1st October 1996 for the purpose of enabling a determination to be made under section 52(2) of the 1988 Act as amended by the 1996 Act.
Signed by authority of the Secretary of State
Paul Beresford
Parliamentary Under-Secretary of State,
Department of the Environment
16th September 1996


text:
Citation and interpretation
1
This Order may be cited as the Pensions Act 1995 (Commencement No. 6) Order 1996.
Appointed day
2
The day appointed for the coming into force of section 116(1) of the Pensions Act 1995, is the day following the day on which this Order is made.
Signed by authority of the Secretary of State for Social Security.
Oliver Heald
Parliamentary Under-Secretary of State,
Department of Social Security
15th July 1996


text:
Title, extent and commencement
1
These Regulations may be cited as the Hill Livestock (Compensatory Allowances) Regulations 1996, shall extend to Great Britain and shall come into force on 1st July 1996.
2
1
In these Regulations, unless the context otherwise requires —
“agriculture” includes horticulture, fruit growing, seed growing, dairy farming and livestock breeding and keeping, the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the use of land for other agricultural purposes, and “agricultural” shall be construed accordingly;
“the appropriate Minister” means —
in relation to England, the Minister of Agriculture, Fisheries and Food; and
in relation to any other part of Great Britain, the Secretary of State;
“authorised person” means a person (whether or not an officer of the Minister concerned) who is authorised by the appropriate Minister, either generally or specially, to act in matters arising under these Regulations;
“breeding cow” means a female bovine animal comprised in a regular breeding herd which is not maintained primarily for the production of milk and which on or before the day of lodgement of a claim for a compensatory allowance for it has borne a calf and on that day is capable of lactation;
“claimant” means a person who has made a claim for a compensatory allowance under these Regulations;
“ Commission Regulation 2385/91 ” means Commission Regulation ( EEC ) No. 2385/91 laying down detailed rules for certain special cases regarding the definition of sheepmeat and goatmeat producers and producer groups ;
“ Commission Regulation 3887/92 ” means Commission Regulation (EEC) No. 3887/92 laying down detailed rules for applying the integrated administration and control system for certain Community aid schemes ;
“compensatory allowance” means the allowance payable under regulation 3;
“ Council Regulation 805/68 ” means Council Regulation (EEC) No. 805/68 on the common organisation of the market in beef and veal ;
“ Council Regulation 3493/90 ” means Council Regulation (EEC) No. 3493/90 laying down general rules for the grant of premiums to sheepmeat and goatmeat producers ;
“ Council Regulation 3508/92 ” means Council Regulation (EEC) No.3508/92 establishing an integrated administration system for certain Community aid schemes ;
“ Council Regulation 3813/92 ” means Council Regulation (EEC) No. 3813/92 on the unit of account and the conversion rates to be applied for the purposes of the common agricultural policy ;
“ Council Regulation 3320/94 ” means Council Regulation ( EC ) No. 3320/94 on the consolidation of the existing Community legislation on the definition of the ecu following the entry into force of the Treaty on European Union ;
“designated maps” means —
in relation to England, the 3 volumes of maps numbered 1 to 3, each such volume being marked “volume of maps of less-favoured farming areas in England” and with the number of the volume, dated 20th May 1991, signed and sealed by the Minister of Agriculture, Fisheries and Food and deposited at the offices of the Ministry of Agriculture, Fisheries and Food at Nobel House, 17 Smith Square, London SW1P 3HX;
in relation to Wales, the 2 volumes of maps numbered 1 and 2, both volumes being marked “volume of maps of less-favoured farming areas in Wales” and with the number of the volume, dated 20th May 1991, signed by the Secretary of State for Wales and deposited at the offices of the Welsh Office Agriculture Department at Cathays Park, Cardiff CF1 3NQ;
in relation to Scotland, the 4 maps numbered 1 to 4, each such map being marked “map of less-favoured farming areas in Scotland” and with the number of the map, dated 15th May 1991, signed by the Secretary of State for Scotland and deposited at the offices of the Scottish Office Agriculture and Fisheries Department at Pentland House, 47 Robb’s Loan, Edinburgh EH14 1TW;
“disadvantaged land”(except in the expression “severely disadvantaged land”) means —
in relation to land situated in England and Wales, the land shown coloured blue on the designated maps; and
in relation to land situated in Scotland, land shown coloured blue or coloured pink on the designated maps, and —
which is in the opinion of the appropriate Minister inherently suitable for extensive livestock production but not for the production of crops in quantity materially greater than that necessary to feed such livestock as are capable of being maintained on that land, and
whose agricultural production is in the opinion of the appropriate Minister restricted (but not severely restricted) in its range by or by any combination of soil, relief, aspect or climate;
“ ECU ” means the unit of account used in legal instruments relating to the common agricultural policy of the European Community as defined in Council Regulation 3320/94, and any reference in these Regulations to a specified number of ECU in relation to a compensatory allowance shall be taken to be a reference to the sterling equivalent of that number of ECU converted into sterling at the agricultural conversion rate (as determined in accordance with Council Regulation 3813/92) applicable on 1st January in the Scheme year in respect of which the compensatory allowance is paid;
“eligible land” means an area of land of not less than 3 hectares which is severely disadvantaged land or disadvantaged land;
“ewe” means a female sheep comprised in a qualified flock which, on 1st January in any Scheme year, is at least one year old;
“forage area” has the same meaning as in the second indent of Article 4g(3) of Council Regulation 805/68;
“hardy breed or hardy cross-breed” means a breed or as the case may be cross-breed of sheep which is in the opinion of the appropriate Minister suitable for breeding and rearing on land where the severity of the permanent natural handicaps affecting the breeding and rearing of sheep on it is greater than that affecting the breeding and rearing of sheep on severely disadvantaged land generally;
“husbandry practice” includes practice in relation to the grazing and feeding of livestock;
“livestock unit” means a unit of measurement of livestock numbers and a single livestock unit equals —
1 breeding cow;
1 in-calf bovine animal used to replace a breeding cow in accordance with regulation 6(1);
6.67 ewes; or
6.67 female sheep (not being ewes) used to replace ewes in accordance with regulation 6(2);
“the 1995 Order ” means the Bovine Animals (Records, Identification and Movement) Order 1995 ;
“the 1996 Order ” means the Sheep and Goats (Records, Identification and Movement) Order 1996 ;
“overgrazing” means grazing land with livestock in such numbers as adversely to affect the growth, quality or species composition of vegetation (other than vegetation normally grazed to destruction) on that land to a significant degree, and “overgrazed” shall be construed accordingly;
“production unit” has the same meaning as in Council Regulation 3508/92;
“qualified flock” means a flock of sheep which is usually kept on a production unit which includes disadvantaged land or severely disadvantaged land and which is, in the opinion of the appropriate Minister —
maintained primarily for the purpose of breeding and rearing lambs; and
maintained and managed in accordance with sound husbandry practice,
and includes a “specially qualified flock”;
“regular breeding herd” means a herd of cattle which is usually kept on a production unit which includes disadvantaged land or severely disadvantaged land and which is, in the opinion of the appropriate Minister —
maintained primarily for the purpose of breeding and rearing calves; and
maintained and managed in accordance with sound husbandry practice;
“the 1975 Regulations ” means the Hill Livestock (Compensatory Allowances) Regulations 1975 ;
“the 1978 Regulations ” means the Social Security (Graduated Retirement Benefit) (No. 2) Regulations 1978 ;
“the 1979 Regulations ” means the Hill Livestock (Compensatory Allowances) Regulations 1979 ;
“the 1984 Regulations ” means the Hill Livestock (Compensatory Allowances) Regulations 1984 ;
“the 1992 Regulations ” means the Hill Livestock (Compensatory Allowances) Regulations 1992 ;
“the 1993 Regulations ” means the Hill Livestock (Compensatory Allowances) Regulations 1993 ;
“the 1994 Regulations ” means the Hill Livestock (Compensatory Allowances) Regulations 1994 ;
“relevant afforested land” means land which in the opinion of the appropriate Minister was converted to forest on or after 1st January 1986 and before 1st January 1988 by or on behalf of a person to whom a compensatory allowance was paid in respect of the land under the 1975 Regulations, the 1979 Regulations or the 1984 Regulations before the date when the conversion to forest was completed; but land shall cease to be relevant afforested land for the purposes of these Regulations 15 years after the date when such conversion was completed;
“retirement pension” means a category A and category B pension within the meaning of section 20(1)(f) of the Social Security Contributions and Benefits Act 1992 , a category C and category D pension within the meaning of section 63(f) of that Act, or graduated retirement benefit as referred to in Schedule 1 to the 1978 Regulations;
“Scheme year” means 1997 and each succeeding calendar year;
“severely disadvantaged land” means —
in relation to land situated in England and Wales —
the land shown coloured pink on the designated maps, or
land situated in the Isles of Scilly; and
in relation to land situated in Scotland, land shown coloured pink on the designated maps, and —
which is in the opinion of the appropriate Minister inherently suitable for extensive livestock production but not for the production of crops in quantity materially greater than that necessary to feed such livestock as are capable of being maintained on that land, and
whose agricultural production is in the opinion of the appropriate Minister severely restricted in its range by or by any combination of soil, relief, aspect or climate;
“the 1992 Sheep Regulations ” means the Sheep Annual Premium Regulations 1992 ;
“specially qualified flock” means a qualified flock —
in which all or, in the opinion of the appropriate Minister, substantially all of the ewes comprised in the flock are of any hardy breed or hardy cross-breed;
in which the ewes are in the opinion of the appropriate Minister maintained in 3 distinct age groups; and
which in England and Wales is maintained on severely disadvantaged land or on severely disadvantaged land and other land used with it, and in Scotland is maintained or substantially maintained on severely disadvantaged land suitable for use for the maintenance of a hardy breed or hardy cross-breed but not sheep of other breeds;
“specified control measure” means any check which a member state is required to carry out under Article 6 of Commission Regulation 3887/92;
“the 1993 Suckler Cow Regulations ” means the Suckler Cow Premium Regulations 1993 ;
“unsuitable supplementary feeding methods” means providing supplementary feed (other than to maintain livestock during abnormal weather conditions) in such a manner as to result in damage to vegetation through excessive trampling or poaching of the land by animals or excessive rutting by vehicles.
2
In these Regulations —
a
any reference to a retention period for ewes applicable to a given Scheme year is a reference to the minimum period for which the animals concerned shall have to be kept by the relevant claimant following a claim by him for a compensatory allowance for those animals in respect of that given Scheme year, and which is 100 days (starting on the last date for lodging that claim, as specified in paragraph (2) of regulation 8);
b
any reference to a retention period for breeding cows applicable to a given Scheme year is a reference to the minimum period for which the animals concerned shall have to be kept by the relevant claimant following a claim by him for a compensatory allowance for those animals in respect of that given Scheme year, and which is 6 months (starting on the day following the date of lodgement of that claim, as required by paragraph (1) of regulation 8).
3
Any reference in these Regulations to a Community instrument is a reference to that instrument as amended on the date these Regulations are made.
4
Where in Scotland an agricultural unit consists in part only of land which is disadvantaged land or severely disadvantaged land the land so designated shall not be regarded as disadvantaged land or as the case may be severely disadvantaged land unless in the opinion of the appropriate Minister it would be suitable to be dealt with as a separate unit which is capable, having regard to the number of other animals normally grazed on it, of maintaining a regular breeding herd or a qualified flock.
5
Any reference in these Regulations to —
a
a numbered regulation (with no corresponding reference to a specific instrument) is a reference to the regulation in these Regulations so numbered; and
b
a numbered paragraph (with no corresponding reference to a specific regulation) is a reference to the paragraph so numbered in the regulation in which the reference appears.
Compensatory allowances for breeding cows and ewes
3
1
The appropriate Minister may in respect of any Scheme year and in accordance with the following provisions of these Regulations pay to any person who in the year prior to that Scheme year submitted a valid area aid application under Article 6 of Council Regulation 3508/92 which indicated eligible land a compensatory allowance for each breeding cow and ewe which was —
a
owned; or
b
leased under a formal leasing arrangement,
by him throughout the retention period for the animal concerned applicable to the Scheme year in question, at the rate of 20.3 ECU per breeding cow and 3.045 ECU per ewe.
2
A compensatory allowance in respect of any Scheme year shall be paid to a person only if (except in the case of a person who is in receipt of a retirement pension) he has entered into a written undertaking in such form as the appropriate Minister may reasonably require to the effect that he will, for a period of five years from the first payment of a compensatory allowance made under these Regulations, the 1994 Regulations, the 1993 Regulations, the 1992 Regulations or the 1984 Regulations, continue to use eligible land for agricultural purposes.
3
The total amount of a compensatory allowance which may be paid in respect of any Scheme year —
a
to the occupier of severely disadvantaged land, shall not exceed £88.70 or 150 ECU for each hectare of such land which was included in an area aid application made under Article 6 of Council Regulation 3508/92 in the calendar year preceding that year and was determined by the appropriate Minister to be eligible forage area for the purposes of that Regulation or which is relevant afforested land; or
b
to the occupier of disadvantaged land, shall not exceed £60.85 or 150 ECU for each hectare of such land which was included in an area aid application made under Article 6 of Council Regulation 3508/92 in the calendar year preceding that year and was determined by the appropriate Minister to be eligible forage area for the purposes of that Regulation or which is relevant afforested land.
4
Where in this regulation alternative rates are given in sterling and ECU the rate which results in the lower payment in sterling shall apply.
Provisions with respect to breeding cows
4
1
Subject to the following paragraphs of this regulation, the number of breeding cows for which a compensatory allowance may be paid to a person who has made a valid claim for compensatory allowances for breeding cows in respect of any given Scheme year shall be the least of —
a
the number of such animals included in that claim;
b
the number of such animals which were —
i
owned, or
ii
leased under a formal leasing arrangement,
by him throughout the retention period for the animals concerned applicable to that Scheme year;
c
the number of such animals which in the opinion of the appropriate Minister is reasonable, having regard to the number of calves produced by the regular breeding herd of which they form part in the 12 months preceding the date of lodgement of that claim in accordance with paragraph (1) of regulation 8 or, in the case of a regular breeding herd newly established or re-established in that Scheme year, in such shorter period as the appropriate Minister may determine; or
d
the number of breeding cows which, when added to the number of ewes which are the subject of a claim for compensatory allowances made by that person in respect of that Scheme year, is equivalent to 1.4 livestock units per hectare of eligible land which was included in an area aid application made under Article 6 of Council Regulation 3508/92 in the calendar year preceding that Scheme year and was determined by the appropriate Minister to be eligible forage area for the purposes of that Regulation or which is relevant afforested land.
2
A compensatory allowance shall not be paid for any breeding cow the use of which for breeding would not, in the opinion of the appropriate Minister, be in accordance with sound husbandry practice.
3
Where in any Scheme year a claimant uses unsuitable supplementary feeding methods the appropriate Minister may reduce or withhold the compensatory allowance for breeding cows otherwise payable to him in respect of that Scheme year in accordance with paragraph (4).
4
Where the claimant was not penalised under this regulation for using unsuitable supplementary feeding methods in the preceding Scheme year the compensatory allowance for breeding cows otherwise payable to him may be reduced by 10%; where the claimant was penalised under this regulation for using unsuitable supplementary feeding methods in the preceding Scheme year but not in the Scheme year preceding that one the compensatory allowance for breeding cows otherwise payable to him may be reduced by 20%; and where the claimant has been penalised under this regulation for using unsuitable supplementary feeding methods in each of the two preceding Scheme years the compensatory allowance for breeding cows otherwise payable to him may be withheld.
5
Where, in the opinion of the appropriate Minister, an appreciable quantity of milk has been produced by a regular breeding herd in the period of 12 months immediately preceding the date a claimant lodges his claim for a compensatory allowance in respect of a given Scheme year for any breeding cows in that herd and that milk has been sold or used for the manufacture of milk products for sale, a compensatory allowance shall be payable in respect of that Scheme year for the number of breeding cows comprised in the herd on that date, reduced by such number as appears to the appropriate Minister to be the number of breeding cows in the herd required to produce that quantity of milk in that period of 12 months.
Provisions with respect to ewes
5
1
Subject to the following paragraphs of this regulation, the number of ewes for which a compensatory allowance may be paid to a person who has made a valid claim for compensatory allowances for ewes in respect of any given Scheme year shall be the least of —
a
the number of such animals included in that claim;
b
the number of such animals which were —
i
owned, or
ii
leased under a formal leasing arrangement,
by him throughout the retention period for the animals concerned applicable to that Scheme year;
c
the number of such animals which in the opinion of the appropriate Minister is reasonable, having regard to the number of lambs produced by the qualified flock of which they form part in the 12 months preceding the date of lodgement of that claim or, in the case of a qualified flock newly established or re-established in that Scheme year, in such shorter period as the appropriate Minister may determine;
d
a number calculated at the rate of —
i
six ewes for each hectare of severely disadvantaged land, and
ii
9 ewes for each hectare of disadvantaged land,
which land was included in an area aid application made under Article 6 of Council Regulation 3508/92 in the calendar year preceding that Scheme year and was determined by the appropriate Minister to be eligible forage area for the purposes of that Regulation or which land is relevant afforested land; or
e
the number of ewes which, when added to the number of breeding cows which are the subject of a claim for compensatory allowances made by that person in respect of that Scheme year, is equivalent to 1.4 livestock units per hectare of eligible land which was included in an area aid application made under Article 6 of Council Regulation 3508/92 in the calendar year preceding that Scheme year and was determined by the appropriate Minister to be eligible forage area for the purposes of that Regulation or which is relevant afforested land.
2
A compensatory allowance shall not be paid for any ewe the use of which for breeding would not, in the opinion of the appropriate Minister, be in accordance with sound husbandry practice.
3
Where in any Scheme year a claimant uses unsuitable supplementary feeding methods the appropriate Minister may reduce or withhold the compensatory allowance for ewes otherwise payable to him in respect of that Scheme year in accordance with paragraph (4).
4
Where the claimant was not penalised under this regulation for using unsuitable supplementary feeding methods in the preceding Scheme year the compensatory allowance for ewes otherwise payable to him may be reduced by 10%; where the claimant was penalised under this regulation for using unsuitable supplementary feeding methods in the preceding Scheme year but not in the Scheme year preceding that one the compensatory allowance for ewes otherwise payable to him may be reduced by 20%; and where the claimant has been penalised under this regulation for using unsuitable supplementary feeding methods in each of the two preceding Scheme years the compensatory allowance for ewes otherwise payable to him may be withheld.
Replacement animals
6
1
In the case of a claim for a compensatory allowance for breeding cows in respect of a given Scheme year, any of the breeding cows concerned may be replaced within the period specified in the second paragraph of Article 10(4) of Commission Regulation 3887/92 by another breeding cow or by a female bovine animal which has not yet borne a calf but which is in-calf on the day of replacement before the end of the retention period for those breeding cows applicable to that Scheme year, without calling into question the number of breeding cows which have been owned or leased under a formal leasing arrangement by him throughout that retention period.
2
In the case of a claim for a compensatory allowance for ewes in respect of a given Scheme year, any of the ewes concerned may be replaced by another ewe or by another female sheep which will be at least 1 year old by the end of the retention period for those ewes applicable to that Scheme year without calling into question the number of ewes which have been owned or leased under a formal leasing arrangement by him throughout that retention period.
3
In the case where in accordance with paragraph (2) a ewe or another female sheep replaces a ewe which is a member of a specially qualified flock the replacement animal shall be of a hardy breed or hardy cross-breed.
4
In the case of paragraph (2), the replacement must occur —
a
within 7 days of the replaced ewe leaving the qualified flock of which it formed part; or
b
(if sooner) before the end of the retention period for the ewes comprising that qualified flock applicable to the Scheme year concerned.
Overgrazing
7
1
Subject to paragraph (3), where in the year preceding the opening date for lodging claims for compensatory allowances for breeding cows in respect of any given Scheme year specified in paragraph (1) of regulation 8 the appropriate Minister forms the opinion that any parcel of land is being overgrazed that Minister may notify the occupier of the maximum number of breeding cows which may be grazed and maintained on that parcel in that Scheme year, which number shall be determined by taking account of the number of other animals likely to be grazed and maintained on the parcel concerned in the Scheme year in question and having regard to such conditions as may be specified in the notification.
2
Subject to paragraph (3), where in the year preceding the opening date for lodging claims for compensatory allowances for ewes in respect of any given Scheme year specified in paragraph (2) of regulation 8 the appropriate Minister forms the opinion that any parcel of land is being overgrazed that Minister may notify the occupier of the maximum number of ewes which may be grazed and maintained on that parcel in that Scheme year, which number shall be determined by taking account of the number of other animals likely to be grazed and maintained on the parcel concerned in the Scheme year in question and having regard to such conditions as may be specified in the notification.
3
The appropriate Minister may in the year preceding the opening date for lodging claims for compensatory allowances for breeding cows in respect of any given Scheme year specified in paragraph (1) of regulation 8 or in the year preceding the opening date for lodging claims for compensatory allowances for ewes in respect of a given Scheme year specified in paragraph (2) of regulation 8 issue a notification under paragraph (1) or (2) even where there is no evidence that the parcel of land to which it relates is being overgrazed if he has previously made such a notification in respect of that parcel having formed the opinion that it was being overgrazed.
4
Where the appropriate Minister has made a notification under paragraph (1) or (2) no compensatory allowance shall be paid in respect of the Scheme year for which it was issued for any breeding cows or as the case may be ewes grazed and maintained in that Scheme year on the land to which it relates in excess of the maximum number of such animals specified in it.
Claims for compensatory allowances
8
1
A claim for a compensatory allowance for breeding cows in respect of any Scheme year shall be lodged with the appropriate Minister on or after 1st July but not later than 6th December in the preceding calendar year.
2
A claim for a compensatory allowance for ewes in respect of any Scheme year shall be lodged with the appropriate Minister —
a
on or after 4th December in the preceding calendar year; but
b
not later than 4th February in the Scheme year concerned.
3
A claim for a compensatory allowance shall be made in such form as the appropriate Minister may reasonably require, and no person shall be entitled to make more than one such claim for breeding cows or as the case may be ewes in respect of any Scheme year, provided that where in respect of a given Scheme year a number of claims for compensatory allowances for breeding cows or as the case may be ewes are made by persons who have in respect of that year made more than one area aid application under Article 6 of Council Regulation 3508/92 but who are regarded as a single farmer within the meaning of Article 1(4) of that Council Regulation the claims concerned shall be deemed to be a single claim made by one person for the purposes of this paragraph.
4
Where the claimant is a producer group within the meaning of point 2 of Article 1 of Council Regulation 3493/90 the claimant shall in making a claim for a compensatory allowance for ewes under this regulation observe signature formalities equivalent to those imposed by Article 2(1) of Commission Regulation 2385/91 in relation to the application referred to therein.
Powers of authorised persons
9
1
An authorised person may at all reasonable hours and on producing, if so required, some duly authenticated document showing his authority, exercise the powers specified in this regulation for the purposes of —
a
carrying out any specified control measure;
b
ascertaining whether an offence under regulation 14 has been or is being committed; or
c
ensuring that compensatory allowances under these Regulations are paid in proper cases only.
2
An authorised person may enter any land, other than land used only as a dwelling, which is, or which such person has reasonable cause to believe to be, occupied by a claimant or used by him for grazing breeding cows or ewes to which a claim for compensatory allowance relates.
3
An authorised person who has entered any land by virtue of this regulation may —
a
inspect and verify the total area of that land, including forage area;
b
inspect and count any animals on that land and read the ear-tags or other identification marks of any such animals;
c
carry out any other activity which is a specified control measure; and
d
inspect that land for the purposes of determining whether or not it has been overgrazed or unsuitable supplementary feeding methods have been used on it.
4
An authorised person entering any land by virtue of this regulation may take with him such other persons acting under his instructions as he considers necessary.
5
An authorised person may —
a
require a claimant or any employee, servant or agent of a claimant to produce any document or other record in his possession or under his control relating to any animals kept or formerly kept by him (in particular any document or record relating to the animals concerned which the claimant is required to retain by virtue of the 1992 Sheep Regulations, the 1993 Suckler Cow Regulations, the 1995 Order or the 1996 Order), and to supply such additional information in that person’s possession or under his control relating to a claim for a compensatory allowance as the authorised person may reasonably request;
b
inspect any document or other record referred to in sub-paragraph (a) of this paragraph and, where any such record is kept by means of a computer, have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been used in connection with that record;
c
make such copies of any document or other record referred to in sub-paragraph (a) of this paragraph as he may think fit; and
d
seize and retain any document or other record referred to in sub-paragraph (a) of this paragraph which he has reason to believe may be required as evidence in proceedings under these Regulations and, where any such record is kept by means of a computer, require it to be produced in a form in which it may be taken away.
Assistance to authorised persons
10
A claimant, any employee, servant or agent of a claimant or any person in charge of animals on the land shall give to an authorised person such assistance as the authorised person may reasonably request so as to enable the authorised person to exercise any power conferred by regulation 9 and in particular, in relation to any animal, shall arrange for the collection, penning and securing of such animal, if so requested.
Release from undertaking
11
A claimant is by virtue of this regulation released from the undertaking referred to in regulation 3(2) —
a
at the moment he first receives a retirement pension;
b
if he is prevented from continuing to discharge that undertaking by reason of any material circumstances beyond his control; or
c
if he ceases farming and at least 3 hectares of his eligible land, or the eligible land used by him for the grazing of animals, continues to be used for agricultural purposes.
Withholding or recovery of compensatory allowance
12
1
Where any person fails to comply with the terms of an undertaking given by him under regulation 3(2), from which he has not been released by virtue of regulation 11, the appropriate Minister shall be entitled to withhold or to recover on demand the whole or any part of any compensatory allowance payable or paid to him.
2
Where a claimant, or an employee, servant or agent of a claimant, intentionally obstructs an authorised person or a person accompanying such authorised person and acting under his instructions from exercising any power conferred by regulation 9, or fails without reasonable excuse to comply with a requirement made by an authorised person under regulation 9 or a request made by an authorised person when carrying out any such power, the appropriate Minister shall be entitled to withhold or to recover on demand from that claimant the whole or any part of any compensatory allowance payable or paid to him.
3
Where the appropriate Minister has made a notification under paragraph (1) or (2) of regulation 7 and is satisfied that —
a
any condition specified in that notification has been breached; or
b
more breeding cows or as the case may be ewes than the maximum number specified in the notification have been grazed and maintained on the parcel of land to which it relates in the Scheme year for which it was issued,
he may withhold or recover on demand the whole or any part of any compensatory allowance otherwise payable or as the case may be already paid to the recipient of the notification for the Scheme year to which it relates.
4
Where at any time during a Scheme year a claimant fails to comply with article 5 of the 1995 Order the appropriate Minister may withhold or recover on demand the whole or any part of a compensatory allowance for breeding cows payable or as the case may be paid to the claimant in respect of that Scheme year.
5
Where at any time during a Scheme year a claimant fails to comply with —
a
article 4 of the 1996 Order; and
b
(where he is a sheepmeat producer for the purposes of Council Regulation 3493/90) the provisions of paragraphs (1), (3), (4) and (5) of article 5 of that Order,
the appropriate Minister may withhold or recover on demand the whole or any part of a compensatory allowance for ewes payable or as the case may be paid to the claimant in respect of that Scheme year.
Rate of interest
13
Except where the appropriate Minister recovers from any claimant any compensatory allowance or part of any compensatory allowance paid to the claimant as a result of an error of that Minister, for the purposes of Article 14(1) of Commission Regulation 3887/92 interest shall be charged at the rate of one percentage point above the sterling three months London Interbank Offered Rate on a day-to-day basis for the period specified in that Article.
Offences
14
It shall be an offence for a person —
a
intentionally to obstruct an authorised person in the exercise of a power conferred by regulation 9.
b
without reasonable excuse, to fail to comply with a requirement made under regulation 9 or a request made under regulation 10; or
c
knowingly or recklessly to make a statement or furnish any information which is false or misleading in a material particular where the statement is made or the information is furnished for the purposes of obtaining for himself or any other person the whole or any part of any compensatory allowance.
Punishment of offences
15
1
A person guilty of an offence under regulation 14(a) or (b) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
2
A person guilty of an offence under regulation 14(c) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Time limit for prosecutions
16
1
Proceedings for an offence under regulation 14 may, subject to paragraph (2), be commenced within the period of 6 months from the date on which evidence sufficient in the opinion of the prosecutor to warrant proceedings comes to his knowledge.
2
No such proceedings shall be commenced by virtue of this regulation more than 12 months after the commission of the offence.
3
For the purpose of this regulation, a certificate signed by or on behalf of the prosecutor and stating the date on which evidence sufficient in his opinion to warrant the proceedings came to his knowledge shall be conclusive evidence of that fact.
4
A certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.
5
In relation to proceedings in Scotland, subsection (3) of section 136 of the Criminal Procedure (Scotland) Act 1995 (date of commencement of proceedings) shall apply for the purposes of this regulation as it applies for the purposes of that section.
Offences by bodies corporate
17
1
Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of —
a
any director, manager, secretary or other similar officer of the body corporate; or
b
any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
2
For the purposes of paragraph (1), “director”, in relation to a body corporate whose affairs are managed by its members, means a member of that body corporate.
3
Where an offence under these Regulations is committed in Scotland by a Scottish partnership and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
Revocations and saving
18
The 1994 Regulations, the Hill Livestock (Compensatory Allowances) (Amendment) Regulations 1995 , the Hill Livestock (Compensatory Allowances) (Amendment) (No. 2) Regulations 1995 , the Hill Livestock (Compensatory Allowances) (Amendment) (No. 3) Regulations 1995 and the Hill Livestock (Compensatory Allowances) (Amendment) Regulations 1996 are hereby revoked, except in relation to any compensatory allowance paid in respect of the 1995 or 1996 Scheme years.
Tim Boswell
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
5th June 1996
Lindsay
Parliamentary Under Secretary of State,
Scottish Office
10th June 1996


text:
Citation and commencement
1
These Regulations may be cited as the European Communities (Iron and Steel Employees Re-adaptation Benefits Scheme) (No. 2) (Amendment) Regulations 1996 and shall come into force on 8th January 1997.
Interpretation
2
In these Regulations, “the 1988 Regulations ” mean the European Communities (Iron and Steel Employees Re-adaptation Benefits Scheme) (No. 2) Regulations 1988 as they continue to apply by virtue of regulation 4 of the European Communities (Iron and Steel Employees Re-adaptation Benefits Scheme) (No. 2) (Scheme Termination) Regulations 1994 .
Amendment to the 1988 Regulations
3
Paragraph (1)(a) of Article 2 of Schedule 1 to the 1988 Regulations shall be amended by inserting after the words “transferred employee” the words “on or before 31st March 1996”.
Application of the Scheme
4
The Scheme set out in the Schedule to these Regulations (hereinafter referred to as “the Supplemental Scheme”) shall apply to those classes of persons prescribed therein who, but for the provisions of regulation 3 of these Regulations, would have been eligible for payments under the Scheme set out in Schedule 1 to the 1988 Regulations.
Greg Knight
Minister for Industry
Department of Trade and Industry
17th December 1996


text:
1
1
These Regulations may be cited as the Gilt-edged Securities (Periodic Accounting for Tax on Interest) (Amendment) Regulations 1996 and shall come into force on 22nd April 1996.
2
These Regulations have effect as respects cheques received on or after the day on which these Regulations come into force.
2
1
The Gilt-edged Securities (Periodic Accounting for Tax on Interest) Regulations 1995 shall be amended as follows.
2
The paragraph set out in paragraph (3) below shall be inserted —
a
in regulation 16 after paragraph (2) as paragraph (3);
b
in regulation 19 after paragraph (5) as paragraph (6); and
c
in regulation 20 after paragraph (9) as paragraph (10).
3
The paragraph referred to in paragraph (2) above is —
For the purposes of this regulation, where —
any payment to an officer of the Board is made by cheque, and
the cheque is paid on its first presentation to the banker on whom it is drawn,
the payment shall be treated as made on the day on which the cheque was received by the officer of the Board.
Derek Conway
Bowen Wells
Two of the Lords Commissioners of Her Majesty’s Treasury
1st April 1996