text:
Commencement and citation
1
This Order may be cited as The A20 Trunk Road (Bexley and Bromley) Red Route Traffic Order 1996, and shall come into force on 1st November 1996.
Interpretation
2
In this Order —
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities’ Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route” means the lengths of road specified in column 2 of the table in schedule 1;
f
“vehicle” includes part of a vehicle; and
g
an entry in column (3) , (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule.
General prohibition of stopping
3
–
1
Subject to the provisions of paragraphs (2) and (3) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop in the trunk road red route during the restricted hours.
2
Subject to the provisions of paragraph (3) of this article, and of articles 5(1), 8 and 9, no person shall cause any vehicle to stop at any time in any lengths of the trunk road red route specified in schedule 4.
3
The controls specified in paragraphs (1) and (2) of this article do not apply in respect of any area of the trunk road red route specified in schedule 2A.
4
In this article “the restricted hours” means, in relation to a length of the trunk road red route specified in an item in column (2) of the table in schedule 1, the hours specified in that item in column (3) of that table.
Exemptions for parking
4
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
Miscellaneous exemptions for parking
5
1
Licensed taxi cabs: The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to be parked at the edge of the carriageway on a length of road specified in schedule 2D.
2
Coaches: The controls specified in article 3(1) do not apply in respect of a person causing a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver) or a local bus (as defined in article 8(4)) not so constructed or adapted, to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2E during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
3
Doctors’ vehicles: The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2F during the hours specified in column (3) in that item, provided that —
a
there is displayed in the windscreen of the vehicle a badge issued by, or with the authority of, the Traffic Director for London to a medical practitioner, and which specifies —
i
the name of the person to whom it was issued, and
ii
the premises in relation to which it applies; and
b
the vehicle was parked by, or with the permission of, the person whose name is specified on the badge and for so long only as the person who parked the vehicle is engaged in work at the premises specified on the badge.
4
Solo motor bicycles: The controls specified in article 3(1) do not apply in respect of a person causing a motor bicycle without a side-car to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2G during the hours specified in column (3) in that item.
Exemptions for loading and unloading
6
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which is being loaded or unloaded to stop at the edge of the carriageway on a length of road specified in an item in column (2) of the tables in schedules 3A and 3B during the hours specified in column (3) in that item for as long as is needed to load or unload the vehicle or 20 minutes, whichever is the less, provided that not less than 20 minutes has elapsed since the vehicle was last parked on any part of the same length of road.
Exemptions for disabled persons
7
1
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item.
2
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2C during the hours specified in column (3) in that item.
3
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which displays a disabled person’s badge in the relevant position, and a parking disc on which is shown the time at which the period of parking began, to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item, for a period of up to 3 hours not being a period separated by an interval of less than 1 hour from a previous period when that vehicle was parked in that length of road.
Exemptions at bus stops and stands
8
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to which this article applies to stop at a bus stop (being an area of road bounded by a traffic sign which includes the words “bus stop”) for so long only as may be required to enable passengers to get on or off the vehicle or, in the case of a vehicle being used to provide a local service, for so long only as may be required for a change of crew.
2
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used to provide a local service to stop at a bus stand (being an area of road bounded by a traffic sign which includes the words “bus stand”) for so long only as may be required for timetabling reasons.
3
This article applies —
a
before 1st January 1997 to
i
a public service vehicle used for the provision of a local service or a scheduled express service,
ii
a school bus, and
iii
a works bus; and
b
after 31st December 1996 to
i
a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver), and
ii
a local bus not so constructed or adapted.
4
In this article “local bus”, “local service”, “scheduled express service”, “school bus” and “works bus” have the meanings given to those expressions in regulation 4 of the Traffic Signs Regulations and General Directions 1994 .
Other exemptions
9
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to stop if that person is —
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) and (2) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) and (2) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Revocation of existing Orders
10
1
The Bexley (Waiting and Loading Restriction) Order 1991 is revoked, in so far as its provisions relate to any part of the trunk road red route.
2
The A20 Trunk Road (Bexley and Bromley) Red Route Experimental Traffic Order 1995 is hereby revoked.
TRO 204
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
28th October 1996


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Social Security and Child Support (Jobseeker’s Allowance) (Transitional Provisions) (Amendment) Regulations 1996 and shall come into force on 6th October 1996.
Amendment of the Jobseeker’s Allowance (Transitional Provisions) (Amendment) Regulations 1996
2
For regulation 5 of the Jobseeker’s Allowance (Transitional Provisions) (Amendment) Regulations 1996 there shall be substituted the following regulation —
Transition from unemployment benefit to a Jobseeker’s Allowance
5
In regulation 5 of the Transitional Provisions Regulations (transition from unemployment benefit to a jobseeker’s allowance) for paragraphs (1) and (2) there shall be substituted the following paragraphs —
1
Paragraph (1A) shall apply in the case of a person to whom unemployment benefit was payable in respect of the relevant day.
1A
In a case where, in accordance with a notice issued to him under regulation 19 of, and paragraph 1 of Schedule 5 to, the Claims and Payments Regulations, a person claims unemployment benefit —
a
on or after 7th October 1996 but before 13th October 1996 and in consequence of that claim unemployment benefit is awarded, that award shall have effect as —
i
an award of unemployment benefit until the end of the benefit week that includes the relevant day; and
ii
thereafter as an award of a jobseeker’s allowance until such date as the claimant fails to satisfy, or in respect of which he ceases to be treated as satisfying, any condition of entitlement to a jobseeker’s allowance which applies in his case;
b
on or after 14th October 1996 but before 20th October 1996 and in consequence of that claim unemployment benefit is awarded, that award shall have effect as —
i
an award of unemployment benefit for the first benefit week falling within the period of the claim; and
ii
thereafter as an award of a jobseeker’s allowance until such date as the claimant fails to satisfy, or in respect of which he ceases to be treated as satisfying, any condition of entitlement to a jobseeker’s allowance which applies in his case.
2
An award of unemployment benefit —
a
made in accordance with regulation 17(2)(b) of the Claims and Payments Regulations; or
b
made on or after 7th October 1996 for a period commencing before 7th October 1996,
and which extends beyond the benefit week which includes the relevant day shall terminate at the end of that benefit week.
.
Amendment of the Child Support (Miscellaneous Amendments) Regulations 1996
3
1
Regulation 25 of the Child Support (Miscellaneous Amendments) Regulations 1996 (transitional provisions) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (3), for the words “continue to apply” there shall be substituted the words “apply with the amendments made by regulation 5(6) of the Social Security and Child Support (Jobseeker’s Allowance) (Consequential Amendments) Regulations 1996 ”.
3
In paragraph (4), for the words “continue to apply” there shall be substituted the words “apply with the amendments made by regulation 5(11) of the Social Security and Child Support (Jobseeker’s Allowance) (Consequential Amendments) Regulations 1996”.
Peter Lilley
Secretary of State,
Department of Social Security
12th September 1996


text:
Citation, commencement, extent and interpretation
1
1
This Order may be cited as the Prohibition of Keeping of Live Fish (Crayfish) Order 1996, shall come into force on 29 May 1996 and shall extend to England and Wales.
2
In this Order “crayfish” means a freshwater decapod crustacean of the Families Astacidae, Cambaridae or Parastacidae, other than the species Austropotamobius pallipes (commonly known as the Atlantic stream, or white clawed, crayfish).
Prohibition of keeping of crayfish
2
1
Subject to paragraph (2) below, no person shall keep any live crayfish, except under the authority of a licence granted by the Minister.
2
The prohibition specified in paragraph (1) above shall not apply to crayfish of the species Pacifastacus leniusculus (commonly known as the signal crayfish) kept within those parts of England and Wales which are within the postcode areas set out in column 1 (and described in column 2), as read with column 3, of the Schedule to this Order.
Tony Baldry
Minister of State, Ministry of Agriculture, Fisheries and Food
10th April 1996
Rod Richards
Parliamentary Under Secretary of State, Welsh Office
15th April 1996


text:
1
This order may be cited as the Offshore Installations (Safety Zones) (No. 8) Order 1996 and shall come into force on 31st December 1996.
2
A safety zone is hereby established around the installation specified in column 1 of the Schedule hereto (being an installation stationed in waters to which subsection (7) of section 21 of the Act applies) having a radius of five hundred metres from the point as respects that installation which has the co-ordinates of latitude and longitude according to European Datum (1950) specified in columns 2 and 3 of the Schedule.
Signed by authority of the Secretary of State
Paul Beresford
Parliamentary Under Secretary of State,
Department of the Environment
11th December 1996


text:
1
This Order may be cited as the Channel 4 (Application of Excess Revenues) Order 1996 and shall come into force on the day after the day on which it is made.
2
In section 27(3)(a) of the Broadcasting Act 1990 , for “50 per cent” substitute “nil per cent”.
Virginia Bottomley
Secretary of State for National Heritage
10th December 1996


text:
1
1
These Regulations may be cited as the Legal Advice and Assistance at Police Stations (Remuneration) (Amendment) (No. 2) Regulations 1996 and shall come into force on 8th July 1996.
2
These Regulations shall apply for the purposes of work done on or after 8th July 1996 to which the Legal Advice and Assistance at Police Stations (Remuneration) Regulations 1989 apply.
2
The Schedule to the Legal Advice and Assistance at Police Stations (Remuneration) Regulations 1989 shall be amended as follows —
a
for the maximum fees of £88.00 and £89.25 allowed under paragraph 1(1)(a) there shall be substituted the maximum fees of £87.60 and £90.00;
b
for the maximum fees of £90.75 and £92.00 allowed under paragraph 3(a) there shall be substituted the maximum fees of £91.20 and £92.40.
Mackay of Clashfern, C
Dated 11th June 1996
We consent,
Michael Bates
Simon Burns
Two of the Lords Commissionersof Her Majesty’s Treasury
Dated 14th June 1996


text:
Citation and commencement
1
These Regulations may be cited as the National Health Service (General Dental Services) Amendment (No. 2) Regulations 1996 and shall come into force on 1st September 1996.
Amendment of the National Health Service (General Dental Services) Regulations 1992
2
1
Schedule 1 to the National Health Service (General Dental Services) Regulations 1992 (terms of service for dentists) shall be amended as follows.
2
In paragraph 4 (a continuing care arrangement), in sub-paragraph (3), after “sub-paragraph (2)(c)” there shall be inserted “(and also in paragraph 5(2)(c))”.
3
In paragraph 5 (a capitation arrangement), for head (c) of sub-paragraph (2) there shall be substituted —
c
the care and treatment which is to be provided includes any of the items of treatment mentioned in paragraph 4(3).
.
4
In paragraph 8 (duration and extention of a continuing care arrangement), for sub-paragraph (1) there shall be substituted —
1
A continuing care arrangement shall lapse at the end of the 16th month beginning with the month in which —
a
the patient was first accepted by the dentist under the continuing care arrangement; or
b
it was extended, or was last extended, in accordance with sub-paragraph (3).
.
5
In paragraph 9 (duration and extension of a capitation arrangement) —
a
for sub-paragraph (1), there shall be substituted —
1
A capitation arrangement shall lapse at the end of the 16th month beginning with the month in which —
a
the patient was first accepted by the dentist under the capitation arrangement; or
b
it was extended, or was last extended, in accordance with sub-paragraph (3).
; and
b
in sub-paragraph (3), “, but the arrangement may not be extended more than once in the same calender year” shall be omitted.
Existing arrangements
3
A continuing care arrangement or a capitation arrangement entered into before 1st September 1996 but still current on that date shall continue to have effect as if regulation 2(4) and 2(5) of these Regulations had not come into force, until such time as the arrangement lapses, is terminated or is extended.
Stephen Dorrell
One of Her Majesty’s Principal Secretaries of State
(Department of Health)
5th August 1996


text:
1
This Order may be cited as the Income Tax (Indexation) Order 1996.
2
1
The amounts which, unless Parliament otherwise determines, will be treated by virtue of sections 1(4) and 257C(1) of the Income and Corporation Taxes Act 1988 as specified for the year 1997 – 98 in sections 1(2) , 257 and 257A of that Act are set out in paragraphs (2), (3) and (4).
2
In section 1(2) of the said Act (the charge to income tax) —
a
in paragraph (aa) (lower rate limit) — £4,000;
b
in paragraph (b) (basic rate limit) — £26,100.
3
In section 257 of the said Act (personal allowance) —
a
in subsection (1) (personal allowance) — £3,845;
b
in subsection (2) (personal allowance — age 65 to 74) — £5,020;
c
in subsection (3) (personal allowance — age 75 and over) — £5,200;
d
in subsection (5) (income limit for age-related allowances) — £15,600.
4
In section 257A of the said Act (married couple’s allowance) —
a
in subsection (1) (married couple’s allowance) — £1,830;
b
in subsection (2) (married couple’s allowance — age 65 to 74) — £3,185;
c
in subsection (3) (married couple’s allowance — age 75 and over) £3,225;
d
in subsection (5) (income limit for age-related allowances) — £15,600.
Bowen Wells
Michael Bates
Two of the Lords Commissioners of Her Majesty’s Treasury
26th November 1996


text:
Citation and commencement
1
This Order may be cited as the Education Act 1996 (Amendment) Order 1996 and shall come into force on 10th January 1997.
Amendments
2
1
Schedule 17 to the Education Act 1996 (governors' annual report to parents in the case of county, voluntary and maintained special schools) shall be amended as follows.
2
In paragraph 1(1), for “9” there shall be substituted “9F”.
3
After paragraph 7, there shall be added the following paragraph —
7A
The report shall give the information about public examinations and other assessments of pupils' achievements —
a
at schools in England (where the school is in England), or
b
at schools in Wales (where the school is in Wales),
which has most recently been made available to the governing body by the Secretary of State.
.
4
After paragraph 9, there shall be added the following paragraphs —
9A
The report shall summarise, where the school is in England, the nature, amount and purpose of training and professional development undertaken by the school’s teaching staff in the period since the last governors' report was prepared under section 161, identifying in particular the nature, amount and purpose of any training and professional development so undertaken on any day when the staff were required to be available for work but were not required to teach pupils.
9B
The report shall give, where the school is in Wales, such information about any targets for improvement set by the governing body in respect of the performance of pupils at the school as is required to be published by virtue of regulations made under section 414(6).
9C
The report shall describe in general terms —
a
the arrangements made for the security of the pupils and staff at the school and the school premises, and
b
any changes to those arrangements since the last governors' report was prepared under section 161.
9D
The report shall indicate in relation to the period since the last governors' report was prepared under section 161 —
a
to what extent the aims of the governing body with respect to sport at the school have been attained; and
b
any notable sporting achievements of the school’s teams during that period.
9E
The report shall give the dates of the beginning and end of each school term, and of half-term holidays, for the next school year.
9F
The report shall summarise any changes to information contained in the school prospectus since it was last published pursuant to regulations made under section 414(6).
.
Cheryl Gillan
Parliamentary Under Secretary of State,
Department for Education and Employment
16th December 1996
William Hague
Secretary of State for Wales
17th December 1996


text:
Title, commencement and interpretation
1
1
These Regulations may be cited as the Plastic Materials and Articles in Contact with Food (Amendment) (No. 2) Regulations 1996 and shall come into force on 1st January 1997.
2
In these Regulations “the principal Regulations ” means the Plastic Materials and Articles in Contact with Food Regulations 1992.
Amendment of the principal Regulations
2
The principal Regulations shall be amended as follows:
a
in the definition of “the Directive” in regulation 2(1), for the words “as amended” there shall be substituted the words “, (as corrected) and as amended by Commission Directives 92/39/ EEC , 93/9/EEC , 95/3/ EC and 96/11/EC ”;
b
in regulation 5 (monomers) —
i
in paragraph (1) —
A
after the words “the following paragraphs of this regulation” there shall be inserted the words “and regulation 14A”,
B
in sub-paragraph (a), for the date “1st January 1997” there shall be substituted the date “1st January 2002”, and
C
in sub-paragraph (b), for the date “31st December 1996” there shall be substituted the date “31st December 2001”;
ii
in paragraphs (3), (4), (5) and (6), after the words “the relevant fraction of”(wherever they occur) there shall be added the words “, or section F of,”;
c
after regulation 14 there shall be inserted the following regulation —
Manufacture until 1st January l999
14A
Notwithstanding regulation 5(1),until lst January 1999 a plastic material or article may be manufactured using one or more of the monomers identified by PM/REF No., CAS No. (if any) and name respectively in columns 1, 2, 3 of Section F of Part I of Schedule l, if any such monomer is of good technical quality and is used in accordance with the restrictions (if any) specified in the corresponding entry in column 4 thereof.
;
d
the Item number and letter, PM/REF No., CAS No. and name for each monomer identified in Schedule 1 to these Regulations shall be inserted in Section A of Part 1 of Schedule 1 (monomers authorised without time limit) at the place corresponding to the number and letter specified for that monomer in the column headed “Item” in Schedule l to these Regulations;
e
the contents of Schedule 2 to these Regulations shall be substituted for Section B of Part 1 of Schedule 1;
f
in Section D of Part 1 of Schedule l (monomers authorised until 1st April 1996), in Item 16, for the figures “51” and “115” in column 4 (restrictions) there shall be substituted the figures “17” and “58” respectively;
g
the contents of Schedule 3 to these Regulations shall be inserted after Section E of Part 1 of Schedule 1; and
h
the Item number and letter, PM/REF No., CAS No. (if any) and name for each additive identified in Schedule 4 to these Regulations shall be inserted in Part I of Schedule 3 (additives) at the place corresponding to the number and letter specified for that additive in the column headed “Item” in Schedule 4 to these Regulations.
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
5th November 1996
Signed by authority of the Secretary of State for Health
Cumberlege
Parliamentary Under Secretary of State,
Department of Health
7th November 1996
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State,
Welsh Office
5th November 1996
Lindsay
Parliamentary Under Secretary of State,
Scottish Office
4th November 1996


text:
1
1
These Regulations may be cited as the Income Tax (Employments) (Amendment No. 2) Regulations 1996 and shall come into force on 19th April 1996.
2
These Regulations have effect as respects cheques received on or after the day on which these Regulations come into force.
2
The Income Tax (Employments) Regulations 1993 shall be amended in accordance with regulations 3 to 5.
3
In regulation 42 , after paragraph (7) the following paragraph shall be inserted —
7A
For the purposes of regulations 40 and 41 and of this regulation, where —
a
any payment to the collector is made by cheque, and
b
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 collector.
4
1
The paragraph set out in paragraph (2) below shall be inserted —
a
in regulation 48 after paragraph (7) as paragraph (7A); and
b
in regulation 53 after paragraph (4) as paragraph (5).
2
The paragraph referred to in paragraph (1) above is —
For the purposes of this regulation, where —
any payment to the collector 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 collector.
5
In regulation 52 the following paragraph shall be inserted at the end —
4
For the purposes of regulations 50 and 51 and of this regulation, where —
a
any payment to the collector is made by cheque, and
b
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 collector.
A. M. W. Battishill
G. H. Bush
Two of the Commissioners of Inland Revenue
29th March 1996


text:
Citation and commencement
1
This Order may be cited as The Education (National Curriculum) (Assessment Arrangements for the Core Subjects) (Key Stage 1) (England) (Amendment) Order 1996 and shall come into force on 12th August 1996.
Amendment of Order
2
1
The Education (National Curriculum) (Assessment Arrangements for the Core Subjects) (Key Stage 1) (England) Order 1995 shall be amended as follows.
2
At the end of article 4(3) (teacher assessment) there shall be added “or 4th July falling in that term, if earlier”.
3
In paragraph (4) of article 5, for “paragraph (5)” there shall be substituted “paragraphs (4A) and (5)”, and there shall be inserted after that paragraph the following paragraph —
4A
In the case of English, if the document in which the standard tasks are published so requires, the record of the pupil’s level of attainment in AT3 (writing) shall include a statement of the pupil’s level of attainment in spelling.
.
Cheryl Gillan
Parliamentary Under Secretary of State,
Department for Education and Employment
8th August 1996


text:
Citation and commencement
1
These Regulations may be cited as the Scottish Examination Board (Amendment) Regulations 1996 and shall come into force on 1st April 1996.
Amendment of the Scottish Examination Board Regulations 1981
2
Paragraph (2) of regulation 6 (membership) of the Scottish Examination Board Regulations 1981 shall be amended by substituting for the words “Directors of education” the words “Persons employed by education authorities in an administrative capacity as respects the discharge of their education function”.
Raymond S Robertson
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
3rd March 1996


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Fund Cold Weather Payments (General) Amendment Regulations 1996 and shall come into force on 4th November 1996.
2
In these Regulations, “the principal Regulations ” means the Social Fund Cold Weather Payments (General) Regulations 1988 .
Amendment of regulation 1 of the principal Regulations
2
1
Regulation 1(2) of the principal Regulations (interpretation) shall be amended in accordance with the following paragraphs.
2
The words “Schedule 2 to these Regulations (meaning of references to Post Office postcode areas and sectors) shall have effect and” shall be omitted.
3
After the definition of “the General Regulations” there shall be inserted the following definition —
“the Meteorological Office” means the Meteorological Office of the Ministry of Defence;.
4
In the definition of “forecast” —
a
the words “of the Ministry of Defence” shall be omitted;
b
after the words “on a daily basis” there shall be inserted the words “between 1st November in any year and 31st March in the following year,”.
5
After the definition of “home” there shall be inserted the following definition —
“income-based jobseeker’s allowance” has the same meaning in these Regulations as it has in the Jobseekers Act 1995 by virtue of section 1(4) of that Act;.
6
For the definition of “postcode” there shall be substituted the following definition —
“postcode district” means a Post Office postcode district;.
7
The definition of “sector” shall be omitted.
8
For the definition of “station” there shall be substituted the following definition —
“station” means a station accredited by the Meteorological Office at which a period of cold weather may be forecasted or recorded for the purposes of these Regulations;.
Amendment of regulation 1A of the principal Regulations
3
In regulation 1A of the principal Regulations (prescribed description of persons) —
a
after the words “income support” there shall be inserted the words “or income-based jobseeker’s allowance”;
b
after paragraph (i) there shall be inserted the following paragraph —
ia
whose applicable amount includes one or more of the premiums specified in paragraphs 10 to 16 of Part III of Schedule 1 to the Jobseeker’s Allowance Regulations 1996 but does not include the allowance specified in paragraph 3 of that Schedule (residential allowances); or.
Amendment of regulation 2 of the principal Regulations
4
1
Regulation 2 of the principal Regulations (prescribed circumstances) shall be amended in accordance with the following paragraphs.
2
In paragraph (1)(a) —
a
in head (i), the words from “or, if that station” to “for that period” shall be omitted;
b
in head (ii), for the word “and” there shall be substituted the word “or”;
c
after head (ii) there shall be inserted the following head —
iii
if a station referred to in (i) or (ii) (“the primary station”) is unable to provide temperature information for the period in question, there is, as the case may be, a recorded period of cold weather or a forecasted period of cold weather at the specified alternative station for the primary station in column (2) of Schedule 2 to these Regulations or, where there is no such alternative station specified, at the nearest such station to the primary station able to provide temperature information for that period; and.
3
For paragraph (1)(b) there shall be substituted the following sub-paragraph —
b
the home of the claimant is, or by virtue of paragraph (2)(b) is treated as, situated in a postcode district in respect of which the station mentioned in sub-paragraph (a)(i) or, as the case may be, (a)(ii) is the designated station.
4
In paragraph (2) —
a
in sub-paragraph (a), for the words “Post Office postcode areas or parts thereof” there shall be substituted the words “postcode districts”;
b
in sub-paragraph (b) —
i
for the words “Post Office postcode area”, in both places where those words occur, there shall be substituted the words “postcode district”;
ii
the words “or part of such an area”, in both places where those words occur, shall be omitted.
Substitution of Schedule 1 to the principal Regulations
5
For Schedule 1 to the principal Regulations (identification of weather stations and postcode districts), there shall be substituted the Schedule set out in Schedule 1 to these Regulations.
Substitution of Schedule 2 to the principal Regulations
6
For Schedule 2 to the principal Regulations (Post Office postcode areas and sectors), there shall be substituted the Schedule set out in Schedule 2 to these Regulations.
Signed by authority of the Secretary of State for Social Security.
Roger Evans
Parliamentary Under-Secretary of State,
Department of Social Security
7th October 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Bridgend and District National Health Service Trust (Establishment) Order 1996 and shall come into force on 1st April 1996.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Bridgend and District National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Bridgend and District National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services provided at Princess of Wales Hospital, Coity Road, Bridgend, Mid Glamorgan CF31 1RQ and associated hospitals;
b
to manage community health services provided from Trust Headquarters, 71 Quarella Road, Bridgend, Mid Glamorgan CF31 1YE and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1996.
2
The accounting date of the trust shall be 31st March.
Restriction on disposal of assets
6
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
William Hague
Secretary of State for Wales
29th January 1996


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Wheelchair Charges) Regulations 1996 and shall come into force on 1st July 1996.
2
In these Regulations, unless the context otherwise requires —
“agent” means a person who is authorised or who is appointed to act on behalf of a user, including a user who is under the age of 16 years;
“standard wheelchair” means a wheelchair which is no more expensive than that which is, in the opinion of the NHS trust, clinically necessary for the user;
“user” means a person who, in the opinion of an NHS trust, having regard to his physical, or physical and mental, condition, requires the use of a wheelchair.
Charge, and calculation of charge, for the supply of a wheelchair
2
1
Where an NHS trust supplies at the request of a user, or at the request of his agent, a wheelchair of a more expensive type than a standard wheelchair, the NHS trust may make and recover from the user, or his agent, a charge in relation to that supply.
2
The amount of any charge to be made and recovered under paragraph (1) above shall be the difference in cost to the health service between —
a
the wheelchair supplied for the user; and
b
the standard wheelchair.
Application of Regulations
3
These Regulations shall apply only to England.
Signed by authority of the Secretary of State for Health
John Bowis
Parliamentary Under Secretary of State
Department of Health
10th June 1996


text:
Citation and commencement
1
These Regulations may be cited as the Local Government Changes for England (Property Transfer and Transitional Payments) (Amendment) Regulations 1996 and shall come into force on 12th March 1996.
Amendment of Regulations
2
1
The Local Government Changes for England (Property Transfer and Transitional Payments) Regulations 1995 shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 2 (interpretation), in paragraph (1) after the definition of “council tax base”, insert —
“ HRA dwelling” means a dwelling comprised in HRA property;
“HRA property” means property in respect of which a local housing authority is required under section 74 of the 1989 Act to keep an account, called the “Housing Revenue Account”, of sums falling to be credited or debited in respect of that property;.
3
In regulation 5 (agreements for the transfer of property etc. ) —
a
in paragraph (2), for “paragraph (3)”, substitute “paragraphs (2A) and (3)”;
b
after paragraph (2) insert —
2A
An agreement pursuant to paragraph (2) above shall not identify any HRA dwellings pursuant to paragraph (2)(d)(i).;
c
in paragraph (6)(b)(ii), after the word “property” insert “other than a HRA dwelling”; and
d
in paragraph (7), after “sub-paragraph (a) of that paragraph”, insert “(other than HRA dwellings)”.
4
In regulation 6 (vesting of property etc of abolished authorities) —
a
after paragraph (5), insert the following —
5A
a
This paragraph applies to HRA dwellings of an abolished authority and to other HRA property specified in sub-paragraph (c) all of which HRA dwellings and HRA property are not vested by virtue of paragraph (4) above.
b
Any HRA dwelling shall, on the reorganisation date, vest in the successor authority for the area in which it is situated.
c
Any HRA property which is exclusively enjoyed or used in connection with any dwelling vested by virtue of sub-paragraph (b) above shall, on the reorganisation date, vest in the authority in which the dwelling vests on that date.;
b
in paragraph (6), for “paragraph (4)” substitute “paragraph (4) or (5A)” and for “that paragraph” substitute “either paragraph”; and
c
in paragraph (9)(b), after “such property” insert “(other than rights or liabilities in respect of a claim by any person for personal injury or damage to property)”.
5
In regulation 8 (vesting of property etc. of relinquishing authorities) —
a
in paragraph (3A), insert at the beginning “Subject to paragraph (6) below”; and
b
after paragraph (5), add —
6
a
This paragraph applies where the relinquishing authority and the acquiring authority in relation to a transferred area are unable to make an agreement under regulation 5(5) in respect of —
i
any HRA dwelling situated in the transferred area,
ii
any HRA property exclusively enjoyed or used in connection with such an HRA dwelling, or
iii
any rights or liabilities exclusively in respect of any such dwelling or other property including in the case of property which is land, rights or liabilities in respect of a contract for the provision of services on, or delivery of goods to, the land.
b
Sub-paragraph (a)(iii) above shall not apply to any liability of a former tenant or licensee of the relinquishing authority to pay rent or other sums in respect of any HRA dwelling or other HRA property.
c
Any dwelling, other property and rights or liabilities specified in sub-paragraph (a) and not excluded by sub-paragraph (b) shall, on the reorganisation date, vest in the acquiring authority and shall not be specified for the purposes of paragraph (4) in a notice under paragraph (3A) above..
6
In regulation 19 (disputes), in paragraph (2)(a), for “regulation 6(8)” substitute “regulation 6(5A) or (8)”.
7
In the Schedule (transitional payments) —
a
in paragraph 1 —
i
in sub-paragraph (1), before the definition of “the participant authority”, insert —
“final Housing Revenue Account” means the Housing Revenue Account of the relevant authority for the final year;;
ii
in sub-paragraph (2)(e), for “agreement determined by the designated authority; and” substitute —
agreement —
i
except for an item which relates to rent and service charge arrears, as is determined by the designated authority, and
ii
in the case of an item which relates to rent and service charge arrears, as is determined by deducting from the arrears an amount calculated in accordance with the Table below; and; and
iii
at the end, add —
5
Any reference to an amount in paragraphs 2 to 5 shall exclude any amounts for which separate provision is made by their inclusion in the calculation of Z in paragraph 6A.
Table
RENT AND SERVICE CHARGE ARREARS
Arrears of tenants or licensees of the authority at the date of transfer: weeks overdue Deduction from the amount of the arrears as a percentage Exceeding Not Exceeding
— 4 0 4 13 10 13 26 25 26 39 50 39 52 75 52 — 95
.
b
In paragraph 6 —
i
for the formula substitute —
( N + P + + Z ) - Q ;
ii
omit “and” after the definition of P; and
iii
add after the definition of `Q' —
and
Z is the amount calculated in accordance with paragraph 6A.;
c
after paragraph 6, insert —
6A
The amount of Z shall be calculated in accordance with the formula —
( HA + HJ - HL - HM ) + ( HC × Hd ) (HD)
where —
HA is the appropriate amount of so much of the closing balance of the final Housing Revenue Account as is attributable to amounts set aside —
in connection with any HRA property which has been transferred to the participant authority; or
for the purpose of meeting any liabilities which have been so transferred;
HJ is the aggregate of —
the book value of so much of the item in the final accounts which relates to debts owed by the relevant authority in connection with HRA property as is attributable to such debts the liability for which has been transferred to the participant authority; and
so much of the item in those accounts relating to receipts in advance in connection with HRA property as, in the designated authority’s opinion, is attributable to the participant authority;
HL is the amount which is the aggregate of —
the appropriate value of so much of the item in the final accounts which relates to stocks held in connection with HRA property which has been transferred to the participant authority; and
so much of the item in those accounts relating to payments in advance in connection with HRA property as, in the designated authority’s opinion, is attributable to the participant authority;
HM is the aggregate of the appropriate value of so much of the items in the final accounts which relate to rent and service charge arrears in connection with HRA property and other debts in connection with that property owed to the relevant authority as is attributable to such arrears and debts the right to which has been transferred to the participant authority;
HC is the difference between the closing balance of the final Housing Revenue Account and the aggregate either —
where the designated authority is a successor authority to an abolished authority, of —
the aggregate of the amounts found in relation to all participant authorities by the formula (HA + HJ − HL − HM) above; and
the amount found in relation to the designated authority if the formula (HA + HJ − HL − HM) above had been calculated in respect of the property, rights and liabilities transferred to the designated authority; or
where the designated authority is the relinquishing authority in relation to a transferred area, of —
the aggregate of the amounts found by the formula (HA + HJ − HL − HM) above in relation to the participant authority and any other principal council which is the acquiring authority in relation to a transferred area which, immediately before the reorganisation date, was comprised in the area of the relinquishing authority, and
the amount found in relation to the designated authority if the formula (HA + HJ − HL − HM) above had been calculated in respect of property, rights and liabilities of that authority which have not been transferred to any other authority;
Hd is the number of HRA dwellings transferred to the participant authority; and
HD is the total number of HRA dwellings of the relevant authority on the final day of the final year..
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,
Department of the Environment
13th February 1996


text:
Citation and commencement
1
These Regulations may be cited as the Mental Health (Patients in the Community) (Transfer from England and Wales to Scotland) Regulations 1996 and shall come into force on 1st April 1996.
Interpretation
2
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Mental Health (Scotland) Act 1984.
Modification of the Mental Health (Scotland) Act 1984
3
For the purposes of applying to a community care application made or to be made by virtue of section 35K of the Act, sections 35A to 35C of the Act shall have effect subject to the modifications prescribed in the Schedule hereto.
James Douglas-Hamilton
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
7th March 1996


text:
Citation and commencement
1
These Regulations may be cited as the National Health Service (Transitional Functions of Health Authorities) (Administration Arrangements) Regulations 1996 and shall come into force on 26th September 1996.
Arrangements by Health Authorities for exercise of transitional functions
2
1
Subject to any directions which may be given by the Secretary of State with respect to its exercise, any function exercisable by a Health Authority by virtue of the provisions prescribed under paragraphs 13, 16 and 20 of Schedule 2 to the Health Authorities Act 1995 (transitional provisions and savings) mentioned in paragraph (2) below may, by arrangement with that Authority, and subject to such restrictions and conditions as that Authority may think fit, be exercised —
a
on behalf of that Authority —
i
by another Health Authority,
ii
by a committee or sub-committee, or an officer, of the Authority or another Health Authority, or
iii
by a joint committee, or joint sub-committee, of the Authority and one or more other Health Authorities; or
b
by that Authority jointly with one or more other Health Authorities.
2
The provisions referred to in paragraph (1) above are —
a
article 5(1) and (2) (accounts, and winding up, of old authorities);
b
article 9 (complaints to Health Service Commissioner); and
c
article 10 (other complaints),
of the Health Authorities Act 1995 (Transitional Provisions) Order 1996 .
Signed by authority of the Secretary of State for Health
Gerald Malone
Department of Health
4th September 1996


text:
Preliminary
Citation and commencement
1
These Regulations may be cited as the Income Tax (Paying and Collecting Agents) Regulations 1996 and shall come into force on 30th July 1996.
Interpretation
2
1
In these Regulations unless the context otherwise requires —
“appropriate person” means any person to whom, or at whose direction, relevant payments or relevant receipts are payable by a paying agent or collecting agent, other than an eligible person or, where the relevant receipts concerned are payable by a collecting agent, a person who is a collecting agent in relation to those receipts;
“the Board” means the Commissioners of Inland Revenue;
“eligible person” in relation to a relevant payment or relevant receipt to which subsection (4) of section 118G applies means —
a person who at the chargeable date falls within paragraph (a) of that subsection,
a bank which at the chargeable date falls within paragraph (b) of that subsection,
a trustee of a qualifying discretionary or accumulation trust referred to in paragraph (c) of that subsection,
a person who is entitled to relief from tax as mentioned in paragraph (d) or (e) of that subsection, or
a sovereign power or international organisation referred to in paragraph (j) of that subsection;
“notice” means notice in writing;
“the principal sections” means sections 118A to 118K;
“quarter” means —
the period from 30th July 1996 to 30th September 1996;
any subsequent period of 3 months ending with the last day of December, March, June or September;
“relevant payment” means a foreign dividend payable to a person in the United Kingdom, other than a foreign dividend falling within section 118B(4).
2
In these Regulations any reference to a particular section, without more, is a reference to that section of the Income and Corporation Taxes Act 1988.
Non-chargeability of relevant payments or relevant receipts: declarations
Declaration by depositary for recognised clearing system
3
1
Subsection (1)(a) of section 118 D shall not apply in respect of a relevant payment payable by a paying agent to, or at the direction of, a depositary for a recognised clearing system, and subsection (2)(a) of that section shall not apply in respect of a relevant receipt payable by a collecting agent to, or at the direction of, such a depositary, or for which a collecting agent is accountable to, or at the direction of, such a depositary, unless the depositary has made a declaration in writing to the paying agent or, as the case may be, the collecting agent concerned.
2
A declaration under paragraph (1) shall be in such form as the Board may require, and shall contain the information specified in paragraph (3) and the undertaking specified in paragraph (4).
3
The information specified is —
a
the full name of the recognised clearing system;
b
the full name of the depositary;
c
the address of the principal place of business of the depositary;
d
the full name of the paying agent or the collecting agent to whom the declaration is made;
e
a statement by the depositary either —
i
that the relevant payments payable by the paying agent are payable in respect of foreign holdings held in the recognised clearing system for which he acts as depositary, or
ii
that the relevant receipts payable by the collecting agent or for which the collecting agent is accountable, are payable in respect of relevant holdings held in the recognised clearing system for which he acts as depositary;
f
a statement by the depositary that the information contained in the declaration is correct to the best of his knowledge and belief.
4
The undertaking specified is an undertaking that the depositary will notify the paying agent or the collecting agent to whom the declaration is made of any relevant payments or relevant receipts to which the declaration does not apply, or has ceased to apply.
5
A declaration under paragraph (1) shall be signed by an officer of the depositary authorised for that purpose, stating the capacity in which he signs.
6
A declaration under paragraph (1) shall have effect in relation to any relevant payments or relevant receipts arising to a depositary that are paid or accounted for by a paying or collecting agent after the declaration is made to the agent, unless and until the agent —
a
receives a notification relating to those payments or receipts in accordance with the undertaking contained in the declaration,
b
receives a notice from the Board under regulation 10(2) relating to those payments or receipts, or
c
has reason to believe, by reference to information in his possession, that the declaration is, or has become, incorrect as respects those payments or receipts.
Declaration by eligible person or appropriate person
4
1
Subsection (1) of section 118G shall not apply as regards a relevant payment or a relevant receipt, other than a payment or receipt to which subsection (4)(f) of that section applies, unless a declaration in writing relating to the payment or receipt has been made by the eligible person or by an appropriate person to the paying agent or, as the case may be, the collecting agent concerned, confirming that, to the best of the eligible person’s or appropriate person’s knowledge and belief, the requirements of that section with respect to the payment or receipt are satisfied.
2
Subject to paragraphs (3) to (5), a declaration under paragraph (1) shall be regarded as relating to a relevant payment or a relevant receipt if —
a
the chargeable date for the payment or receipt falls —
i
in the month in which the declaration is made to the paying agent or collecting agent, or
ii
where the declaration is made within the period of 14 days commencing with the first day of a month, in the preceding month; or
b
the payment is made, or the receipt is received or arises, after the end of the month in which the declaration is made.
3
A declaration under paragraph (1) shall not be regarded as relating to a relevant payment or a relevant receipt if, prior to receipt of the declaration, the paying agent or collecting agent to whom it is made has furnished a certificate under section 118E(4) with respect to that payment or receipt.
4
A declaration under paragraph (1) shall not be regarded as relating to more than one relevant payment in respect of foreign holdings that are in bearer form.
5
A declaration under paragraph (1) shall not be regarded as relating to a relevant payment or relevant receipt if the agent concerned —
a
receives a notification relating to that payment or receipt in accordance with the undertaking contained in the declaration,
b
receives a notice from the Board under regulation 10(2) relating to that payment or receipt, or
c
has reason to believe, by reference to information in his possession, that the declaration is, or has become, incorrect as respects that payment or receipt.
Declaration by eligible person — additional provisions
5
1
A declaration by an eligible person under regulation 4 shall be in the form prescribed, or in a form authorised, by the Board, and shall contain the information specified in paragraph (2) and the undertaking specified in paragraph (3).
2
The information specified is —
a
the full name of the eligible person;
b
the principal address of the eligible person, that is to say —
i
where the eligible person is an individual, or a trustee other than a corporate or a professional trustee, his principal residential address,
ii
where the eligible person is a body corporate (including a corporate trustee), the address of its registered office or principal place of business,
iii
where the eligible person is a professional trustee, the address of his employment or principal place of business;
c
the full name of the paying agent or the collecting agent to whom the declaration is made;
d
a statement that the status of the eligible person is such as to result in the relevant payments and relevant receipts concerned falling within section 118G(4);
e
where the declaration relates to a relevant payment in respect of foreign holdings that are in bearer form, the name of the stock and the amount of the relevant payment;
f
a statement that the information contained in the declaration is correct to the best of the eligible person’s knowledge and belief.
3
The undertaking specified is an undertaking that the eligible person will notify the paying agent or collecting agent to whom the declaration is made of any relevant payments or relevant receipts to which the declaration does not apply, or has ceased to apply.
4
A declaration under paragraph (1) shall be signed —
a
where the eligible person is an individual, by that individual,
b
where the eligible person is a trustee of a qualifying discretionary or accumulation trust (other than a corporate trustee), by that trustee, stating the capacity in which he signs,
c
where the eligible person is a body corporate (including a corporate trustee), by the secretary of that company or other officer of that company duly authorised for that purpose, stating the capacity in which he signs,
d
where the eligible person is a sovereign power or international organisation, by an authorised representative of that sovereign power or international organisation, stating the capacity in which he signs,
e
in any other case, by an officer of the organisation concerned duly authorised for that purpose, stating the capacity in which he signs.
Declaration by appropriate person — additional provisions
6
1
A declaration by an appropriate person under regulation 4 shall be in the form prescribed, or in a form authorised, by the Board, and shall contain the information specified in paragraph (2) and the undertaking specified in paragraph (3).
2
The information specified is —
a
the full name of the appropriate person;
b
the principal address of the appropriate person, that is to say —
i
where the appropriate person is an individual, or a trustee other than a corporate or a professional trustee, his principal residential address,
ii
where the appropriate person is a body corporate (including a corporate trustee), the address of its registered office or principal place of business,
iii
where the appropriate person is a professional trustee, the address of his employment or principal place of business;
c
the full name of the paying agent or collecting agent to whom the declaration is made;
d
(where applicable) a statement that the appropriate person has no reason to believe, by reference to information in his possession, that paragraph (a) or (c) of section 118G(4) does not apply to the relevant payments or relevant receipts payable to him or at his direction by the paying or collecting agent;
e
where the declaration relates to a relevant payment in respect of foreign holdings that are in bearer form, the name of the stock and the amount of the relevant payment;
f
a statement that the information contained in the declaration is correct to the best of the appropriate person’s knowledge and belief.
3
The undertaking specified is an undertaking that the appropriate person will notify the paying agent or collecting agent to whom the declaration is made of any relevant payments or relevant receipts to which the declaration does not apply, or has ceased to apply.
4
A declaration by an appropriate person shall be signed —
a
where the appropriate person is an individual, by that individual,
b
where the appropriate person is a trustee (other than a corporate trustee), by that trustee, stating the capacity in which he signs,
c
where the appropriate person is a body corporate (including a corporate trustee), by the secretary of that company or other officer of that company duly authorised for that purpose, stating the capacity in which he signs.
Returns and payment of tax
Quarterly returns by paying agents
7
1
Not later than 30 days after the end of a quarter, a paying agent shall make a return to the Board, in the form provided by the Board, setting out the particulars specified in paragraph (2) and containing the declaration specified in paragraph (3).
2
The particulars specified are —
a
the total of the chargeable payments made by him in that quarter;
b
the total of any relevant payments made by him in that quarter which would have been chargeable payments but for the provisions of section 118D(1)(a);
c
the total of any relevant payments made by him in that quarter which would have been chargeable payments but for the provisions of section 118G;
d
the total amount of any tax for which he is liable to account in respect of that quarter pursuant to section 118E(1).
3
The declaration specified is a declaration by the paying agent that the particulars given in the return are to the best of his knowledge and belief correct and complete.
Quarterly returns by collecting agents
8
1
Not later than 30 days after the end of a quarter, a collecting agent shall make a return to the Board, in the form provided by the Board, setting out the particulars specified in paragraph (2) and containing the declaration specified in paragraph (3).
2
The particulars specified are —
a
the total of the chargeable receipts received or arising in that quarter by virtue of the collecting agent’s performance of a relevant function, in respect of which he is liable to account for tax pursuant to section 118E(3);
b
the total of any relevant receipts received or arising in that quarter by virtue of his performance of a relevant function, which would have been chargeable receipts but for the provisions of section 118D(2)(a) or (b);
c
the total of any relevant receipts received or arising in that quarter by virtue of his performance of a relevant function, which would have been chargeable receipts but for the provisions of section 118G;
d
the total amount of any tax for which he is liable to account in respect of that quarter pursuant to section 118E(3).
3
The declaration specified is a declaration by the collecting agent that the particulars given in the return are to the best of his knowledge and belief correct and complete.
Assessment in respect of unpaid tax
9
1
If it appears to the Board that there is an amount of tax due and payable under section 118F(2) which has not been paid by a paying agent or a collecting agent, or if the Board are dissatisfied with a quarterly return under regulation 7 or 8, they may make an assessment on the agent concerned in respect of the amount which they consider to be due and payable.
2
The agent on whom an assessment is made by virtue of paragraph (1) may, not later than 30 days after the date of issue of the assessment, by notice to the Board appeal against that assessment.
3
The appeal shall be to the Special Commissioners.
Notices by the Board to paying or collecting agents
10
1
Where the Board are satisfied that relevant payments made by a paying agent are not chargeable payments, or relevant receipts received or arising by virtue of a collecting agent’s performance of a relevant function are not chargeable receipts, they may by notice to the paying agent or collecting agent concerned direct that relevant payments made, or (as the case may be) relevant receipts received or arising, after the expiry of the period of 30 days following the date of issue of the notice are not chargeable payments or chargeable receipts.
2
Where the Board have reason to believe that —
a
a depositary, or an eligible person or an appropriate person, has failed to comply with the requirements of regulation 14, or
b
a paying agent or a collecting agent has failed to comply with the requirements of regulation 11, 12 or 16, or
c
relevant payments made by a paying agent are chargeable payments, or relevant receipts received or arising by virtue of a collecting agent’s performance of a relevant function are chargeable receipts,
they may by notice to the paying agent or collecting agent concerned direct that relevant payments made, or (as the case may be) relevant receipts received or arising, after the expiry of the period of 30 days following the date of issue of the notice are chargeable payments or chargeable receipts.
3
Where the Board issue a notice under paragraph (2), any declaration under regulation 3 or 4 which relates to any of the relevant payments or relevant receipts referred to in the notice, whether the declaration is made before or after the date of issue of the notice, shall be of no effect.
4
A paying agent or a collecting agent in respect of whom a notice is issued by the Board under paragraph (2) may, not later than 30 days after the date of issue of the notice, appeal against that notice by notice to the Board.
5
The appeal shall be to the Special Commissioners who shall confirm the notice appealed against unless they are satisfied that the notice ought to be quashed.
Provision of information and inspection and keeping of records
Information to be provided to the Board by paying or collecting agents
11
The Board may by notice require any person who is or has at any time been a paying agent or a collecting agent, within such time (not being less than 14 days) as may be provided by the notice, to furnish them with such information (including copies of, or extracts from, any books, documents or other records) as they may reasonably require to satisfy themselves that that person has complied with the requirements of the principal sections and these Regulations.
Inspection of records by officer of the Board
12
1
The Board may by notice require any person who is or has at any time been a paying agent or a collecting agent, within such time (not being less than 14 days) as may be provided by the notice, to make available for inspection by an officer of the Board authorised for that purpose all such books, documents and other records in his possession or under his control as they may reasonably require to satisfy themselves that that person has complied with the requirements of the principal sections and these Regulations.
2
Where a document or other record is maintained by a computer, the person to whom the notice is issued shall provide the officer making the inspection with all the facilities necessary for obtaining information from that document or other record.
Keeping of records
13
1
A paying agent or a collecting agent shall, throughout the period specified in paragraph (2), maintain and retain sufficient records, other than declarations to which regulation 15 applies, to enable an officer of the Board to satisfy himself on inspection of those records that the agent has complied with the requirements of these Regulations.
2
The period specified is the period of six years commencing with the chargeable date of the relevant payment or relevant receipt to which the record concerned relates.
Information relating to declarations
14
The Board may by notice require a depositary who has made a declaration under regulation 3, or an eligible person or an appropriate person who has made a declaration under regulation 4, within such time (not being less than 14 days) as may be provided by the notice, to provide such information as they may reasonably require to enable them to establish whether the declaration is valid.
Keeping of declarations
15
1
A paying agent or a collecting agent shall retain, throughout the period specified in paragraph (2) and the period of two years immediately following the end of that period, any declaration made to him under regulation 3 or 4.
2
The period specified is the period during which relevant payments or relevant receipts to which the declaration relates are excluded, by virtue of the declaration, from being chargeable payments or chargeable receipts.
Production of declarations
16
1
The Board may by notice require a paying agent or a collecting agent, within such time (not being less than 14 days) as may be provided by the notice, to produce for inspection by an officer of the Board authorised for that purpose all documents in which declarations made to him under regulation 3 or 4 are contained.
2
The officer of the Board to whom the documents referred to in paragraph (1) are produced may take copies of or extracts from those documents.
3
In paragraph (1) the reference to a paying agent or a collecting agent includes a reference to a person who is no longer a paying agent or a collecting agent at the time when the notice under that paragraph is issued.
S C T Matheson
C W Corlett
Two of the Commissioners of Inland Revenue
5th July 1996


text:
Citation, commencement etc.
1
1
These Regulations may be cited as the Prevention of Terrorism (Exclusion Orders) Regulations 1996 and shall come into force on 25th March 1996.
2
For the purposes of section 27 of the Prevention of Terrorism (Temporary Provisions) Act 1989 (duration), the amendments made in that Act by these Regulations shall be treated, as from the time when these Regulations come into force, as having been continued in force by the order under subsection (6) of that section which has effect at that time.
Making of exclusion orders
2
For paragraphs 2 to 5 of Schedule 2 to the Prevention of Terrorism (Temporary Provisions) Act 1989 (making of exclusion orders) substitute —
Notice that exclusion order is being considered
2
1
Where the Secretary of State is considering whether to make an exclusion order against a person —
a
if the person is in the United Kingdom, notice in writing shall be served on him that the Secretary of State is considering that question; and
b
if the person is not in the United Kingdom, notice in writing may be served on him that the Secretary of State is considering that question.
2
A notice under sub-paragraph (1) above shall —
a
specify whether the order under consideration is an order under section 5, 6 or 7 of this Act; and
b
set out the rights afforded by paragraph 4 below and specify the manner in which those rights are to be exercised.
3
Where a person on whom notice is served under sub-paragraph (1) above is not for the time being detained by virtue of this Act, the notice may be served on him by posting it to him at his last known address.
Advice
3
Where notice is served on a person under paragraph 2(1) above, the matter shall be referred for the advice of one or more persons nominated by the Secretary of State.
Representations and interview
4
1
Where a person on whom notice is served under paragraph 2(1) above objects to the making against him of the exclusion order under consideration, he may —
a
make representations in writing to the Secretary of State setting out the grounds of his objections; and
b
include in those representations a request for a personal interview with the person or persons nominated by the Secretary of State under paragraph 3 above.
2
The person on whom the notice is served may exercise the rights conferred by sub-paragraph (1) above —
a
if he is outside the relevant territory when the notice is served, within fourteen days of the service of the notice;
b
if he is inside the relevant territory when the notice is served but departs with the Secretary of State’s approval within seven days of the service of the notice, within fourteen days of his departure; and
c
in any other case, within seven days of the service of the notice.
3
In sub-paragraph (2) above “the relevant territory” means —
a
Great Britain if the notice relates to the making of an order under section 5 of this Act;
b
Northern Ireland if it relates to the making of an order under section 6 of this Act; and
c
the United Kingdom if it relates to the making of an order under section 7 of this Act.
4
A person who requests a personal interview under sub-paragraph (1)(b) above shall be granted one unless —
a
sub-paragraph (2)(a) or (b) above applies to him; and
b
it appears to the Secretary of State that it is not reasonably practicable to grant him such an interview in an appropriate country or territory within a reasonable period from the date on which he made his representations.
5
Where, in the case of a person to whom sub-paragraph (2)(a) or (b) above applies, it appears to the Secretary of State that it is reasonably practicable to grant him a personal interview in more than one appropriate country or territory, the Secretary of State may grant him the personal interview in whichever of them he thinks fit.
6
In sub-paragraphs (4) and (5) above “appropriate country or territory” means —
a
Northern Ireland or the Republic of Ireland if the notice served on the person under paragraph 2(1) above relates to the making of an order under section 5 of this Act;
b
Great Britain or the Republic of Ireland if it relates to the making of an order under section 6 of this Act; and
c
the Republic of Ireland if it relates to the making of an order under section 7 of this Act.
7
It is for the Secretary of State to determine the place in any country or territory at which a personal interview is to be granted under this paragraph.
Making of exclusion order
5
1
In deciding whether to make an exclusion order against any person, the Secretary of State shall take into account everything which appears to him to be relevant; and where a notice has been served on the person concerned under paragraph 2(1) above the Secretary of State shall in particular take account of —
a
the advice of the person or persons to whom the matter was referred under paragraph 3 above;
b
any representations made by the person under paragraph 4 above; and
c
the report of any personal interview granted under that paragraph.
2
The question whether to make an exclusion order against a person on whom notice has been served under paragraph 2(1) above shall be decided as soon as is reasonably practicable after —
a
the Secretary of State has received the advice of the person or persons to whom the matter was referred under paragraph 3 above; and
b
sub-paragraph (3) below is satisfied.
3
This sub-paragraph is satisfied if —
a
the Secretary of State has received representations made by the person under paragraph 4 above and the report of any personal interview granted under that paragraph;
b
the Secretary of State has received from the person a statement in writing that he does not intend to make representations under that paragraph; or
c
the period during which the person may make representations under that paragraph has expired.
4
If the Secretary of State —
a
makes an exclusion order against a person; or
b
decides not to make an exclusion order against a person on whom notice has been served under paragraph 2(1) above,
notice in writing of the making of the order or the decision not to make an order shall be served on him if it is reasonably practicable to do so.
Detention pending decision whether to make exclusion order
5A
1
A person on whom notice has been served under paragraph 2(1) above may be detained under the authority of the Secretary of State until the Secretary of State has either made an exclusion order against him or decided not to make an exclusion order against him.
2
A person liable to be detained under sub-paragraph (1) above may be arrested without warrant by an examining officer.
3
The power of detention and the power of arrest conferred by sub-paragraphs (1) and (2) above are exercisable only —
a
in Great Britain if the notice relates to the making of an order under section 5 of this Act; and
b
in Northern Ireland if it relates to the making of an order under section 6 of this Act.
4
A person may be removed from a vehicle for detention under this paragraph.
.
Consequential amendments
3
1
The Prevention of Terrorism (Temporary Provisions) Act 1989 shall be further amended as follows.
2
In Schedule 2 —
a
in paragraph 1, after sub-paragraph (3) insert —
4
The fact that the Secretary of State has decided at any time not to make an exclusion order against a person on whom a notice has been served under paragraph 2(1) below shall not prevent the Secretary of State from making an exclusion order against him after a further notice has been served on him under that provision.
;
b
in paragraph 6(1) omit “and one of the conditions in paragraph 5(a), (b) and (c) above is fulfilled”;
c
in paragraph 7(7), before “relevant” insert “the”; and
d
in paragraph 8(1), after “paragraph” insert “5A(2) or”.
3
In Schedule 3, in paragraph 3(4)(b) omit “to make an exclusion order against him or”.
4
In Schedule 5 —
a
in paragraph 2(1)(b), after “order” insert “or has been served with a notice under paragraph 2(1) of Schedule 2 to this Act”; and
b
omit paragraph 6(1)(b).
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Home Office
20th March 1996


text:
1
1
This Order may be cited as the Conservation of Seals (England) Order 1996 and shall come into force on 19th December 1996.
2
Without prejudice to its earlier revocation this Order shall cease to have effect on the expiration of three years beginning with the date of its coming into force.
2
There is hereby prohibited, within the territorial limits set out in article 3 below, the killing, injuring or taking of seals of the species known as Halichoerus grypus (grey seals) and Phoca vitulina (common seals).
3
For the purposes of article 2 above, the terrritorial limits of this Order are:
a
the counties of Durham, East Sussex, Essex, Greater London, Kent, Lincolnshire, Norfolk, North Yorkshire, Northumberland, Suffolk, and Tyne and Wear and the non-metropolitan districts of Hartlepool, Middlesbrough, Redcar and Cleveland, Stockton-on-Tees, East Riding of Yorkshire, Kingston-upon-Hull, North East Lincolnshire and North Lincolnshire.
b
those territorial waters adjacent to England which are:
i
to the south of a line drawn at 055° true from the point on the mainland at 55° 48'.67 North latitude and 02° 02'.0 West longitude; and
ii
adjacent to any of the counties or non-metropolitan districts specified in paragraph (a) above and, in the case of East Sussex, not further west than a line drawn true south from Newhaven Breakwater Head Light which is at 50° 46'.5 North latitude and 00° 03'.6 East longitude.
Tom Sackville
Parliamentary Under-Secretary of State
Home Office
13th November 1996


text:
1
This Order may be cited as the Copyright (Certification of Licensing Scheme for Educational Recording of Broadcasts and Cable Programmes) (Educational Recording Agency Limited) (Amendment) Order 1996 and shall come into force on 1st April 1996.
2
The licensing scheme set out in the Schedule to the Principal Order shall be amended as follows:
a
in paragraph 4, by substituting for the words “ BBC ENTERPRISES LIMITED” the words“BBC WORLDWIDE LIMITED”;
b
in paragraph 10 there shall be substituted for all the words which appear immediately before the words “NOTE 1”, the following —
a
For licences taking effect on or after 1 April 1996 but on or before 31 March 1997, the annual tariff when calculated on a full time and full time equivalents per capita basis by category of student in an Educational Establishment shall be: —
i
Students in Primary Educational Establishments (including Educational Establishments known as preparatory schools) — 20p per capita.
ii
Students in Secondary Educational Establishments — 40p per capita.
iii
Students in Educational Establishments of Further Education (including Educational Establishments formerly known as sixth form colleges) — 69p per capita.
iv
Students in Educational Establishments of Higher Education (including Higher Education Colleges and Universities) — £1.25 per capita.
v
Students in Educational Establishment other than Primary (including Educational Establishments known as preparatory schools), Secondary, Further and Higher Education, designated from time to time by the Secretary of State — a fee related to the above by type.
b
For licences taking effect on or after 1 April 1997, the annual tariff when calculated on a full time and full time equivalents per capita basis by category of student in an Educational Establishments shall be: —
i
Students in Primary Educational Establishment (including Educational Establishments known as preparatory schools) — 20p per capita.
ii
Students in Secondary Educational Establishments — 40p per capita.
iii
Students in Educational Establishments of Further Education (including Educational Establishments formerly known as sixth form colleges) — 75p per capita.
iv
Students in Educational Establishments of Higher Education (including Higher Education Colleges and Universities) — £1.25 per capita.
v
Students in Educational Establishments other than Primary (including Educational Establishments known as preparatory schools), Secondary, Further and Higher Education, designated from time to time by the Secretary of State — a fee related to the above by type.
.
b
in paragraph 10 by deleting NOTE 2 in its entirety.
Ian Taylor,
Parliamentary Under Secretary of State for Science and Technology,
Department of Trade and Industry
31st January 1996


text:
Citation and commencement
1
These Regulations may be cited as the Income-related Benefits (Montserrat) Regulations 1996 and shall come into force on 28th August 1996.
Amendment of regulation 7A of the Housing Benefit Regulations
2
In regulation 7A of the Housing Benefit (General) Regulations 1987 (persons from abroad) in paragraph (5) there shall be added after sub-paragraph (e) —
or
f
is in Great Britain and who left the territory of Montserrat after 1st November 1995 because of the effect on that territory of a volcanic eruption.
.
Amendment of regulation 4A of the Council Tax Benefit Regulations
3
In regulation 4A of the Council Tax Benefit (General) Regulations 1992 (persons from abroad) in paragraph (5) there shall be added after sub-paragraph (e) —
or
f
is in Great Britain and who left the territory of Montserrat after 1st November 1995 because of the effect on that territory of a volcanic eruption.
.
Amendment of regulation 21(3) of the Income Support Regulations
4
1
Regulation 21(3) of the Income Support (General) Regulations 1987 (special cases) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (3), at the beginning there shall be inserted the words “Subject to paragraph (3F),”.
3
After paragraph (3E), there shall be inserted the following paragraph —
3F
In paragraph (3) “person from abroad” does not include any person in Great Britain who left the territory of Montserrat after 1st November 1995 because of the effect on that territory of a volcanic eruption.
.
Signed by authority of the Secretary of State for Social Security.
Oliver Heald
Parliamentary Under-Secretary of State,
Department of Social Security
31st July 1996


text:
Citation and commencement
1
These Regulations, which may be cited as the Social Security (Incapacity for Work) (General) Amendment Regulations 1996, shall come into force on 8th April 1996.
Amendment of the Social Security (Incapacity for Work) (General) Regulations 1995
2
In regulation 17 of the Social Security (Incapacity for Work) (General) Regulations 1995 , in sub-paragraph (a) of paragraph (2), for “£44” there is substituted “£45.50”.
Signed by authority of the Secretary of State for Social Security.
Alistair Burt
Minister of State,
Department of Social Security
29th February 1996


text:
PART I
GENERAL
Citation and Entry into Force
1
This Order may be cited as the International Oil Pollution Compensation Fund 1992 (Immunities and Privileges) Order 1996. It shall come into force on the date on which the Headquarters Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the International Oil Pollution Compensation Fund 1992 (“the Agreement”) enters into force. This date shall be notified in the London, Edinburgh and Belfast Gazettes.
Interpretation
2
1
For the purposes of this Order, the official activities of the International Oil Pollution Compensation Fund 1992 (“the 1992 Fund ”) shall include its administrative activities and other activities undertaken pursuant to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992 (“the Convention”) being the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage signed at Brussels on 18 December 1971 as amended by the Protocol of 1992 to Amend the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1971 signed at London on 27 November 1992 .
2
In this Order “the 1961 Convention Articles” means the Articles (being certain Articles of the Vienna Convention on Diplomatic Relations signed in 1961) which are set out in Schedule 1 to the Diplomatic Privileges Act 1964 .
PART II
THE 1992 FUND
3
The 1992 Fund is an organisation of which the United Kingdom and other sovereign Powers are members.
4
The 1992 Fund shall have the legal capacities of a body corporate.
5
1
Within the scope of its official activities the 1992 Fund shall have immunity from suit and legal process except:
a
to the extent that it shall have waived such immunity in a particular case;
b
in respect of actions brought against the 1992 Fund in accordance with the provisions of the Convention;
c
in respect of any contract for the supply of goods or services, and any loan or other transaction for the provision of finance and any guarantee or indemnity in respect of any such transaction or of any other financial obligation;
d
in respect of a civil action by a third party for damage arising from an accident caused by a motor vehicle belonging to, or operated on behalf of, the 1992 Fund or in respect of a motor traffic offence involving such a vehicle;
e
in respect of a civil action relating to death or personal injury caused by an act or omission in the United Kingdom;
f
in the event of the attachment or, in Scotland, arrestment, pursuant to the order of a court of law, of the salaries, wages or other emoluments owed by the 1992 Fund to a staff member;
g
in respect of the enforcement of an arbitration award made under Article 23 of the Agreement; and
h
in respect of a counter-claim directly connected with proceedings initiated by the 1992 Fund.
2
Paragraph 1 of this Article shall not prevent the taking of such measures as may be permitted by law in relation to the property and assets of the 1992 Fund in so far as they may be temporarily necessary in connection with the prevention and investigation of accidents involving motor vehicles belonging to, or operated on behalf of, the 1992 Fund.
6
The 1992 Fund shall have the like inviolability of official archives as in accordance with the 1961 Convention Articles is accorded in respect of the official archives of a diplomatic mission.
7
Within the scope of its official activities, the 1992 Fund shall have the like exemption or relief from taxes, other than duties and taxes on the importation of goods, as is accorded to a foreign sovereign Power.
8
The 1992 Fund shall have the like relief from rates on its official premises as in accordance with Article 23 of the 1961 Convention Articles is accorded in respect of the premises of a diplomatic mission.
9
The 1992 Fund shall have exemption from duties (whether of customs or excise) and taxes on the importation of goods imported by or on behalf of the 1992 Fund and necessary for the exercise of its official activities, such exemption to be subject to compliance with such conditions as the Commissioners of Customs and Excise may prescribe for the protection of the revenue.
10
The 1992 Fund shall have exemption from prohibitions and restrictions on importation or exportation in the case of goods imported or exported by or on behalf of the 1992 Fund and necessary for the exercise of its official activities and in the case of any publications of the 1992 Fund imported or exported by it within the scope of its official activities.
11
The 1992 Fund shall have relief, under arrangements made by the Commissioners of Customs and Excise, by way of refund of duty (whether of customs or excise) paid on imported hydrocarbon oil (within the meaning of the Hydrocarbon Oil Duties Act 1979 ) or value added tax paid on the importation of such oil which is bought in the United Kingdom by the 1992 Fund and necessary for the exercise of its official activities, such relief to be subject to compliance with such conditions as may be imposed in accordance with the arrangements.
12
The 1992 Fund shall have relief, under arrangements made by the Secretary of State, by way of refund of value added tax paid on the purchase of new vehicles of United Kingdom manufacture which are necessary for the official activities of the 1992 Fund, and of value added tax paid on the supply of goods or services of substantial value which are necessary for the official activities of the 1992 Fund, such relief to be subject to compliance with such conditions as may be imposed in accordance with the arrangements.
PART III
REPRESENTATIVES
13
1
Except in so far as in any particular case any privilege or immunity is waived by the Government of the Member State whom they represent, representatives of Member States of the 1992 Fund shall enjoy: —
a
immunity from suit and legal process in respect of acts, including words written or spoken, done by them in the exercise of their functions, except in the case of a motor traffic offence committed by a representative or in the case of damage caused by a motor vehicle belonging to or driven by him;
b
while exercising their functions and in the course of their journeys to and from the place of meeting, the like immunity from personal arrest or detention and from seizure of their personal baggage as is accorded to a diplomatic agent, provided that a representative shall not enjoy such immunity if there are reasonable grounds for suspecting that he is in the course of committing, attempting to commit, or has just committed an offence;
c
while exercising their functions and during their journeys to and from the place of meeting, the like inviolability for all their official papers and documents as is accorded to a diplomatic agent.
2
Part IV of Schedule 1 to the Act shall not operate so as to confer any privilege or immunity on the official staff of representatives, other than alternate representatives and advisers.
3
Neither the provisions of the preceding paragraphs of this Article, nor those of Part IV of Schedule 1 to the Act, shall operate so as to confer any privilege or immunity on any persons as the representatives or alternate representatives, or their advisers, of Her Majesty’s Government in the United Kingdom or on any person who is a British citizen, a British Dependent Territories citizen, a British Overseas citizen, or a British National (Overseas).
4
Part IV of Schedule 1 to the Act shall not operate so as to confer any privilege or immunity on families of representatives, alternate representatives or advisers.
PART IV
OFFICERS
High Officer
14
1
Except in so far as in any particular case any privilege or immunity is waived by the Assembly of the 1992 Fund, the Director of the 1992 Fund shall enjoy: —
a
the like immunity from suit and legal process, the like inviolability of residence and the like exemption or relief from taxes (other than income tax in respect of his emoluments and duties and taxes on the importation of goods) and rates as are accorded to or in respect of a diplomatic agent;
b
the like exemption from duties and taxes on the importation of articles imported for his personal use, including articles intended for his establishment, as in accordance with paragraph 1 of Article 36 of the 1961 Convention Articles is accorded to a diplomatic agent;
c
the like exemption and privileges in respect of his personal baggage as in accordance with paragraph 2 of Article 36 of the 1961 Convention Articles are accorded to a diplomatic agent;
d
relief, under arrangements made by the Commissioners of Customs and Excise, by way of refund of duty (whether of customs or excise) paid on any hydrocarbon oil (within the meaning of the Hydrocarbon Oil Duties Act 1979) which is bought in the United Kingdom by him or on his behalf and which is for his personal use or for that of members of his family forming part of his household, such relief to be subject to compliance with such conditions as may be imposed in accordance with the arrangements;
provided that this Article shall not apply to any person who is a British citizen, a British Dependent Territories citizen, a British Overseas citizen, or a British National (Overseas) or who is a permanent resident of the United Kingdom.
2
Part IV of Schedule 1 to the Act shall not operate so as to confer any privilege or immunity on the family of an officer to whom this Article applies.
All Officers
15
Except in so far as in any particular case any privilege or immunity is waived by the Director of the 1992 Fund or, in the case of the Director, by the Assembly of the 1992 Fund, all officers of the 1992 Fund appointed or recruited for employment with the 1992 Fund and subject to its staff regulations as well as the Director and all persons appointed or recruited for employment with the Fund established by the 1971 International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage and subject to its staff regulations functioning as the Director and Secretariat of the 1992 Fund, with the exception of persons who are in the domestic service of either Fund and persons who are recruited locally and assigned to hourly rates of pay, shall enjoy: —
a
immunity from suit and legal process in respect of acts done by them in the exercise of their functions, including words written or spoken, except in the case of a motor traffic offence committed by an officer or in the case of damage caused by a motor vehicle belonging to or driven by him;
b
as from the date on which the salaries and emoluments received by them as officers of the 1992 Fund become subject to taxation by the 1992 Fund for its benefit, exemption from income tax in respect of such salaries and emoluments, provided that nothing in this subparagraph shall be interpreted as precluding such salaries and emoluments from being taken into account for the purpose of assessing the amount of taxation to be applied to income from other sources;
c
unless they are British citizens, British Dependent Territories citizens, British Overseas citizens, or British Nationals (Overseas) or permanently resident in the United Kingdom, the like exemption from duties and taxes on the importation of furniture and personal effects (including one motor-car each) which: —
i
at the time when they first enter the United Kingdom to take up their post, are imported for their personal use or for their establishment, and
ii
were in their ownership or possession or which they were under contract to purchase immediately before they so entered the United Kingdom,
as in accordance with paragraph 1 of Article 36 of the 1961 Convention Articles is accorded to a diplomatic agent;
d
unless they are British citizens, British Dependent Territories citizens, British Overseas citizens, or British Nationals (Overseas) or permanently resident in the United Kingdom, and provided that the 1992 Fund has established its own social security scheme or has joined that of another international organisation under conditions laid down in the staff regulations of the 1992 Fund, exemptions whereby for the purposes of the enactments relating to social security, including enactments in force in Northern Ireland: —
i
services rendered for the 1992 Fund by them shall be deemed to be excepted from any class of employment in respect of which contributions or premiums under those enactments are payable, but
ii
no person shall be rendered liable to pay any contribution or premium which he would not be required to pay if those services were not deemed to be so excepted.
PART V
EXPERTS
16
Except in so far as in any particular case any immunity or privilege is waived by the Director, experts (other than officers of the 1992 Fund) shall, so far as is necessary for the carrying out of their functions, including during journeys made in carrying out their functions and in the course of their missions for the 1992 Fund, enjoy: —
a
immunity from suit and legal process in respect of acts done by them in the exercise of their functions, including words written or spoken, except in the case of a motor traffic offence committed by an expert or in the case of damage caused by a motor vehicle belonging to or driven by him;
b
while exercising their functions in connection with the 1992 Fund or in carrying out missions for the 1992 Fund, the like inviolability for all their official papers and documents as is accorded to a diplomatic agent.
N. H. Nicholls
Clerk of the Privy Council


text:
1
This Order may be cited as the A13 Trunk Road (A117 Junction Improvement, Trunk Road and Slip Roads) Order 1996 and shall come into force on 27th November 1996.
2
In this Order:
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the main new road” means the new highway which the Secretary of State proposes to construct along the route described in Schedule 1 to this Order;
ii
“the new trunk roads” means the main new road and the slip roads;
iii
“the plan” means the site plan in the plan folio numbered LRO 64/71/2/02, marked “The A13 Trunk Road (A117 Junction Improvement, Trunk Road and Slip Roads) Order 1996”, signed by authority of the Secretary of State for Transport and deposited at the Department of Transport, Great Minster House, 76 Marsham Street, London SW1P 4DR; and
iv
“the slip roads” means the new highways which the Secretary of State proposes to construct along the routes described in Schedule 2 to this Order and which connect the main new road with other highways at the places stated in that Schedule.
3
The main new road and the slip roads shall become trunk roads from the date when this Order comes into force.
4
The centre line of each of the new trunk roads is indicated by a heavy black line on the plan.
5
The Secretary of State directs as respects any part of a highway which crosses the route of any of the new trunk roads that–
a
where the highway is maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for traffic.
Signed by authority of the Secretary of State for Transport.
David W Ward
Director Southern Operations Division Road Programme Directorate Highways Agency
8th November 1996