text:
Citation and Commencement
1
1
This Order may be cited as the Denbighshire and Wrexham (Areas) Order 1996.
2
This Order shall come into force on: —
a
1st January 1997 for any of the purposes set out in regulation 4(1) (coming into operation of Order) of the Regulations except the purpose referred to in paragraph (3) below;
b
1st January 1997 for the purposes of articles 5(1) (in so far as it relates to articles 5(2) and (8)) (2) and (8), 6(1) (in so far as it relates to articles 6(2) and (8)) (2) and (8) and 10 of this Order; and
c
1st April 1997 for all other purposes.
3
In the said regulation 4(1), item (e) shall not apply in relation to the constitution of the council of the new community of Llangollen Rural established under article 6(3).
Interpretation
2
In this Order —
“altered”, in relation to an electoral division, means that division as it exists on and after 1st April 1997;
“existing”, in relation to a local government or electoral area, means that area as it exists immediately before 1st April 1997;
“the map” means the map prepared by the Welsh Office and marked “Map of the Denbighshire and Wrexham (Areas) Order 1996”;
“new”, in relation to a local government or electoral area, means that area as established by this Order;
“the Regulations” means the Local Government Area Changes Regulations 1976 .
Changes in areas
3
1
In the county of Denbighshire, the existing community of Llangollen Rural shall be abolished.
2
That part of the existing community of Llangollen Rural which is shown hatched in black and numbered 1 on the map shall be transferred to the community of Llangollen in the county of Denbighshire.
3
The remainder of the area of the existing community of Llangollen Rural which is shown stippled in black and numbered 2 on the map shall —
a
be transferred to the county borough of Wrexham;
b
constitute a new community to be known in English by the name of Llangollen Rural and in Welsh by the name of Llangollen Wledig; and
c
form part of the North East Wales coroner’s district.
Changes in electoral divisions
4
1
The existing Llangollen Rural electoral division of the county of Denbighshire shall cease to exist.
2
That part of the existing community of Llangollen Rural which is shown hatched black and numbered 1 on the map and the community of Llantysilio shall form part of the Llangollen electoral division of the county of Denbighshire which shall continue to have two county councillors.
3
The new community of Llangollen Rural established in the county borough of Wrexham shall form a new Llangollen Rural electoral division of that county borough with one county borough councillor.
County and County Borough Councillors
5
1
Regulation 8 of the Regulations (councillors) shall, in relation to the office of councillor for the county of Denbighshire or for the county borough of Wrexham, have effect subject to the following provisions of this article.
2
Any casual vacancy which exists at, or otherwise occurs after, 1st January 1997 in the office of county councillor for —
a
the existing Llangollen electoral division of the county borough of Denbighshire; or
b
the existing Llangollen Rural electoral division of that county,
shall (except where notice of the election has already been given before 1st January 1997) not be filled.
3
Any person in office immediately before 1st April 1997 as county councillor for the existing Llangollen or Llangollen Rural electoral division shall on and after 1st April 1997 represent as the case may be —
a
the altered Llangollen electoral division as a county councillor; or
b
the new Llangollen Rural electoral division in the county borough of Wrexham as a county borough councillor,
but in either case shall (unless he previously resigns his office or it otherwise becomes vacant) retire from that office on 6th July 1997.
4
Any casual vacancy which occurs before 6th July 1997 in either of the offices of councillor provided for in paragraph (3) shall not be filled.
5
In relation to a person, who by virtue of paragraph (3)(b) above, holds office on and after 1st April 1997 as county borough councillor for the new Llangollen Rural election division, regulation 8(3) of the Regulations shall apply to such a person as if he were remaining in such office during the period provided for by paragraph (3) above.
6
First elections for two county councillors for the altered Llangollen electoral division and for one county borough councillor for the new Llangollen Rural electoral division shall be held on such day after 1st April 1997 and prior to 3rd July 1997 as the relevant returning officer shall appoint and the rules for the time being applying to elections to principal areas shall apply to such elections with any necessary modifications.
7
A person elected in accordance with paragraph (6) above shall come into office on 6th July 1997 and shall retire (unless he previously resigns his office or it otherwise becomes vacant) on the fourth day after the ordinary day of election for councillors in 1999 .
8
Except in the case of an election to which paragraph (2) above applies, in relation to the qualification of any person to be elected and to be a member of the Denbighshire county council or the Wrexham county borough council, this Order shall be deemed, for the purposes of section 79 of the Local Government Act 1972 to have been in operation during the whole of the twelve months preceding the relevant day within the meaning of that section.
Community Councillors
6
1
Regulation 8 of the Regulations shall, in relation to the office of councillor of the communities of Llangollen and Llangollen Rural have effect subject to the following provisions of this article.
2
Any casual vacancy which exists at, or otherwise occurs after, 1st January 1997 in the office of community councillor for the existing community of Llangollen Rural shall not be filled except —
a
where notice of the election has already been given before 1st January 1997; or
b
where the number of members of that council will otherwise be less than the number that constitutes a quorum for meetings of the council .
3
There shall be a council for the new community of Llangollen Rural.
4
The number of councillors for the new community of Llangollen Rural shall be ten.
5
Any person in office immediately before 1st April 1997 as councillor for the existing community of Llangollen Rural in the county of Denbighshire shall, on and after 1st April 1997, be a councillor for the new community of Llangollen Rural in the county borough of Wrexham and shall (unless he previously resigns his office or it otherwise becomes vacant) retire on the fourth day after the ordinary day of election of councillors in 1999.
6
In relation to a person who, by virtue of paragraph (5) above, holds office on and after 1st April 1997 as community councillor for the new community of Llangollen Rural, regulation 8(3) of the Regulations shall apply to such a person as if he were remaining in such office during the period provided for by that paragraph (5).
7
Any vacancy which exists at 1st April 1997 in the office of community councillor for the new community of Llangollen Rural shall be treated as if it were a casual vacancy in such office occurring on that date.
8
In relation to the qualification of any person to be elected and to be a member of the council of the community of Llangollen, this Order shall be deemed for the purposes of section 79 of the Local Government Act 1972 to have been in operation during the whole of the twelve months preceding the relevant day within the meaning of that section.
First meeting of new community council
7
The provisions of the Schedule to this Order shall apply in relation to the first meeting of the council for the new community of Llangollen Rural.
Residuary successor
8
In relation to the existing community council of Llangollen Rural for the purposes of any provision of the Regulations which refers to the residuary successor of a dissolved authority, the council of the new community of Llangollen Rural is hereby specified as the residuary successor.
Community books etc.
9
1
The specified papers of the existing community of Llangollen Rural shall be deposited in the custody of the council of the new community of Llangollen Rural.
2
In this article, “specified papers”, means the public books, writings and papers of the existing community of Llangollen Rural (including any photographic copies thereof) and all documents directed by law to be kept thereunto.
Initial expenses of new community council etc.
10
1
In this article —
“the 1992 Act ” means the Local Government Finance Act 1992 ;
“the 1995 Regulations ” means the Local Authorities (Precepts) (Wales) Regulations 1995 ;
“the prospective billing authority” means Wrexham County Borough Council;
“the relevant financial year” means the financial year beginning on 1st April 1997.
2
Section 41 of the 1992 Act (issue of precepts by local precepting authorities) shall have effect —
a
in relation to the council of the new community of Llangollen Rural, the prospective billing authority and the relevant financial year; and
b
as respects the period beginning on 1st January 1997 and ending immediately before the day on which there is issued by the council for the new community of Llangollen Rural a precept for the relevant financial year,
with the substitution for subsection (3) of the following subsection —
3
In making calculations in accordance with section 32 above (originally or by way of substitute) the billing authority shall take into account for the purposes of its estimate under section 32(2)(a) above an amount equal to that specified in article 10(6) of the Denbighshire and Wrexham (Areas) Order 1996.
.
3
In relation to the council for the new community of Llangollen Rural, the prospective billing authority and the relevant financial year —
a
section 32 of the 1992 Act (calculation of budget requirements by billing authorities) shall have effect with the omission of subsection (6);
b
section 41(4) of the 1992 Act shall have effect with the substitution for the words “March in the financial year preceding that for which it is issued”, the words “October in the financial year for which it is issued”; and
c
the reference in section 54(4) of the 1992 Act (power to designate authorities) to a precept anticipated by a billing authority in pursuance of regulations under section 41 of the 1992 Act shall be construed as a reference to the amount specified in paragraph (6) of this article.
4
In relation to the amount taken into account for the purposes of section 32(2)(a) of the 1992 Act by virtue of paragraph (2) above, Chapter III of Part I of the 1992 Act (setting of council tax) shall have effect as if —
a
the amount were an item mentioned in section 35(1) of the 1992 Act (special items) which related to the new community of Llangollen Rural; and
b
the area of the prospective billing authority included the new community of Llangollen Rural.
5
The council of the new community of Llangollen Rural shall make the calculations required by section 50 of the 1992 Act (calculation of budget requirement by local precepting authorities) for the relevant financial year so as to secure that the amount calculated as its budget requirement for that year does not exceed the amount specified in paragraph (6) below.
6
The amount specified in this paragraph is seven thousand eight hundred and fifty pounds.
7
In relation to the council for the new community of Llangollen Rural, the prospective billing authority and the relevant financial year, the 1995 Regulations shall have effect as if —
a
regulation 5 (information on schedules of instalments); and
b
in sub-paragraphs (1), (2) and (3) of paragraph 8 of Part II of the Schedule (rules for determination of schedules of instalments) in each case the second “or” and the words following to the end of each sub-paragraph,
were omitted.
Local Acts, orders and byelaws
11
The existing community of Llangollen Rural is hereby specified in relation to regulation 41(4) of the Regulations (local acts, orders and byelaws) and the new community of Llangollen Rural is hereby specified in relation to that existing community.
Disclosure of Officers’ Interest
12
For the purposes of section 117 of the Local Government Act 1972 (disclosure by officers of interests in contracts) any contract —
which was entered into by the council of the existing community of Llangollen Rural, and
to which the council of the new community of Llangollen Rural becomes a party as the residuary successor to that council by virtue of article 8,
shall be treated as a contract entered into by that new council.
Town and Country Planning
13
1
In this article, “provision” means a provision of a development plan as defined in section 336(1) of the Town and Country Planning Act 1990 .
2
Any provision applying to any part of the areas transferred under article 3 shall continue to apply to that part, notwithstanding the transfer, until replaced by a provision which so applies and which supersedes that provision continued by this Order.
Coroners’ districts
14
As from 1st April 1997 article 2(2) of the Coroners’ Districts (Wales) Order 1996 shall have effect in relation to the following coroners’ districts —
Central North Wales; and
North East Wales
as if the reference to the local government areas described in column (2) of the Schedule to that Order opposite the names of those respective districts were a reference to those local government areas as altered by this Order
Registration Service
15
References in the schemes made under the Local Government (Registration Service in Wales) Order 1995 by —
a
Denbighshire County Council; and
b
Wrexham County Borough Council,
to the county of Denbighshire or, as the case may be, the county borough of Wrexham shall be read as a reference to such county or county borough as altered by this Order.
William Hague
Secretary of State for Wales
9th December 1996


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the A41 Trunk Road (Park Road, Westminster) (Temporary Prohibition of Traffic) Order 1996 and shall come into force on the 25th March 1996.
2
This Order is made because the Traffic Director for London is satisfied that traffic on Park Road, Westminster should be restricted because works are being or are proposed to be executed on or near that road.
3
During the period starting at 08.00 hours on 25th March 1996 and ending when those works have been completed or at 08.00 hours on 25th June 1996, whichever is the earlier, subject to the provisions of article 4 below, no person shall cause or permit any vehicle to enter Park Road from Ivor Place.
4
1
The provisions of article 3 above shall apply only during such times and to such extent as may from time to time be indicated by traffic signs.
2
The prohibitions specified in article 3 above shall not apply in respect of —
i
any vehicle being used for the purpose of those works, or for fire brigade, ambulance or police purpose, or
ii
anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
5
During the period specified in article 3 above, the provisions of the City of Westminster (Waiting and Loading Restriction) Order 1976 are hereby suspended so far as they relate to any roads or lengths of road specified in this Order.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
25th March 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Birmingham Heartlands and Solihull (Teaching) 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;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Birmingham Heartlands and Solihull (Teaching) 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 Birmingham Heartlands and Solihull (Teaching) 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 shall be to own and manage hospital accommodation and services provided at Bordesley Green East, Birmingham B9 5SS and associated hospitals (including the management of its teaching and research facilities).
Directors of the trust
4
1
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
2
There shall be included among the non-executive directors a person appointed from the University of Birmingham.
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.
Signed by authority of the Secretary of State for Health
Gerald Malone
Minister of State,
Department of Health
19th March 1996


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Hampshire, City of Winchester) (Amendment) Order 1996 and shall come into force on 9th September 1996.
Amendment of the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Hampshire, City of Winchester) Order 1996.
2
1
The Road Traffic (Permitted Parking Area and Special Parking Area) (County of Hampshire, City of Winchester) Order 1996 shall be amended as follows.
2
In Schedule 1 after paragraph 6 there shall be inserted the following paragraph —
6A
1
Section 78 shall be modified as follows.
2
After subsection (7) there shall be inserted the following subsection —
8
Any order made under subsection (2), and any regulations made under subsection (4), of this section shall apply with necessary modifications, including in particular the substitution for references to a London authority of references to the parking authority, in relation to the recovery of Part II debts payable in relation to the permitted parking area or the special parking area.
Signed by authority of the Secretary of State for Transport
John Watts
Minister of State,
Department of Transport
1 August 1996


text:
Commencement and citation
1
This Order may be cited as The A13 Trunk Road (Tower Hamlets) Red Route (No. 2) Experimental Traffic Order 1996, and shall come into force on 29th July 1996.
Interpretation
2
In this Order —
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities’ Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route” means the lengths of road specified in column 2 of the table in schedule 1;
f
“vehicle” includes part of a vehicle; and
g
an entry in column (3), (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule.
General prohibition of stopping
3
1
Subject to the provisions of paragraphs (2) and (3) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop in the trunk road red route during the restricted hours.
2
Subject to the provisions of paragraph (3) of this article, and of articles 5(1), 8 and 9, no person shall cause any vehicle to stop at any time in any lengths of the trunk road red route specified in schedule 4.
3
The controls specified in paragraphs (1) and (2) of this article do not apply in respect of any area of the trunk road red route specified in schedule 2A.
4
In this article “the restricted hours” means, in relation to a length of the trunk road red route specified in an item in column (2) of the table in schedule 1, the hours specified in that item in column (3) of that table.
Exemptions for parking
4
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
Miscellaneous exemptions for parking
5
1
Licensed taxi cabs: The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to be parked at the edge of the carriageway on a length of road specified in schedule 2D.
2
Coaches: The controls specified in article 3(1) do not apply in respect of a person causing a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver) or a local bus (as defined in article 8(4)) not so constructed or adapted, to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2E during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
3
Doctors’ vehicles: The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2F during the hours specified in column (3) in that item, provided that —
a
there is displayed in the windscreen of the vehicle a badge issued by, or with the authority of, the Traffic Director for London to a medical practitioner, and which specifies —
i
the name of the person to whom it was issued, and
ii
the premises in relation to which it applies; and
b
the vehicle was parked by, or with the permission of, the person whose name is specified on the badge and for so long only as the person who parked the vehicle is engaged in work at the premises specified on the badge.
4
Solo motor bicycles: The controls specified in article 3(1) do not apply in respect of a person causing a motor bicycle without a side-car to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2G during the hours specified in column (3) in that item.
Exemptions for loading and unloading
6
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which is being loaded or unloaded to stop at the edge of the carriageway on a length of road specified in an item in column (2) of the tables in schedules 3A and 3B during the hours specified in column (3) in that item for as long as is needed to load or unload the vehicle or 20 minutes, whichever is the less, provided that not less than 20 minutes has elapsed since the vehicle was last parked on any part of the same length of road.
Exemptions for disabled persons
7
1
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item.
2
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2C during the hours specified in column (3) in that item.
3
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which displays a disabled person’s badge in the relevant position, and a parking disc on which is shown the time at which the period of parking began, to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item, for a period of up to 3 hours not being a period separated by an interval of less than 1 hour from a previous period when that vehicle was parked in that length of road.
Exemptions at bus stops and stands
8
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to which this article applies to stop at a bus stop (being an area of road bounded by a traffic sign which includes the words “bus stop”) for so long only as may be required to enable passengers to get on or off the vehicle or, in the case of a vehicle being used to provide a local service, for so long only as may be required for a change of crew.
2
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used to provide a local service to stop at a bus stand (being an area of road bounded by a traffic sign which includes the words “bus stand”) for so long only as may be required for timetabling reasons.
3
This article applies —
a
before 1 January 1997 to
i
a public service vehicle used for the provision of a local service or a scheduled express service,
ii
a school bus, and
iii
a works bus; and
b
after 31 December 1996 to
i
a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver), and
ii
a local bus not so constructed or adapted.
4
In this article “local bus”, “local service”, “scheduled express service”, “school bus” and “works bus” have the meanings given to those expressions in regulation 4 of the Traffic Signs Regulations and General Directions 1994 .
Other exemptions
9
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to stop if that person is —
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) and (2) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) and (2) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Power to modify or suspend this Order
10
If it appears to the Traffic Director for London, or some person authorised by him, essential in the interests of the expeditious, convenient and safe movement of traffic, or of the provision of suitable and adequate parking facilities on the highway, or for preserving or improving the amenities of the area through which any road affected by this Order runs, and after consulting with the Commissioner of Police of the Metropolis, he may modify or suspend any provision of this Order, save that no modification shall make an addition.
Suspensions of existing Orders
11
1
Subject to paragraph (2) of this article, The London Borough of Tower Hamlets Waiting and Loading Order 1976 No. 394 is hereby suspended, in so far as its provisions relate to any part of the trunk road red route.
2
The suspension specified in paragraph (1) of this article shall take effect in respect of any provision contained in The London Borough of Tower Hamlets Waiting and Loading Order 1976 No. 394 only from the time at which the traffic sign indicating the effect of that provision has been obliterated.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
12 July 1996


text:
Citation and commencement
1
These Regulations may be cited as the Mines (Substances Hazardous to Health) Regulations 1996 and shall come into force on 29th September 1996.
Amendment to the Coal Mines (Respirable Dust) Regulations 1975
2
Regulation 4 of the Coal Mines (Respirable Dust) Regulations 1975 shall be amended by the revocation of the words “at which the total number of persons employed below ground exceeds 30”.
Amendments to the Control of Substances Hazardous to Health Regulations 1994
3
The Control of Substances Hazardous to Health Regulations 1994 shall be amended as follows —
a
in regulation 2, after the definition for “micro-organism”, there shall be inserted the following definition —
“mine” has the meaning assigned to it by section 180 of the Mines and Quarries Act 1954 ;
;
b
for sub-paragraph (1)(d) of regulation 5, there shall be substituted the following sub-paragraph —
d
where the substance hazardous to health is an inhalable dust which is below ground in any mine of coal.
.
Amendment to section 74 of the Mines and Quarries Act 1954
4
In section 74 of the Mines and Quarries Act 1954 there shall be inserted before the words “dust of such character and in such quantity as to be likely to be injurious to the persons employed”(in both places where it appears) the words “in the case of a mine of coal,”.
Signed by authority of the Secretary of State
Paul Beresford
Parliamentary Under Secretary of State,
Department of the Environment
29th July 1996


text:
Citation and Commencement
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (Harborough District Council) Order 1996 and shall come into force on 18th December 1996.
Exemption of refuse collection
2
The collection of refuse by the Harborough District Council shall not be treated as a defined activity so long as it is undertaken in their area before 1st October 1997.
Signed by authority of the Secretary of State
Paul Beresford
Parliamentary Under-Secretary of State,
Department of the Environment
19th November 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Cornwall and Isles of Scilly Learning Disabilities National Health Service Trust (Change of Name) Order 1996 and shall come into force on 18th July 1996.
2
In this Order —
“ the Order ” means the Cornwall and Isles of Scilly Mental Handicap National Health Service Trust (Establishment) Order 1990 ;
“ the trust ” means the National Health Service trust established by the Order.
Change of name of NHS Trust
2
The trust shall be called the Trecare National Health Service Trust instead of the Cornwall and Isles of Scilly Learning Disabilities National Health Service Trust, and accordingly in Article 1 of the Order in the definition of “the trust”, and in Article 2 of the Order, for the words “Cornwall and Isles of Scilly Learning Disabilities” there shall be substituted the words “Trecare”.
Transitional provisions
3
The change of name under this Order shall not —
a
affect any right or obligation of any person; or
b
be taken as invalidating any instrument (whether made before, on or after the day on which this Order comes into force) which refers to the trust by its previous names;
and all instruments and other documents which refer to the trust under its previous names shall be construed as referring to it under its new name.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State,
Department of Health
8th July 1996


text:
1
This Order may be cited as the European Communities (Definition of Treaties) (Partnership and Co-operation Agreement between the European Communities and their Member States and the Kyrgyz Republic) Order 1996. It shall come into force in respect of the treaty specified in the Schedule to this Order on the date on which the treaty enters into force for the United Kingdom. This date will be notified in the London, Edinburgh and Belfast Gazettes.
2
The treaty specified in the Schedule to this Order is to be regarded as a Community Treaty as defined in section 1(2) of the European Communities Act 1972.
N. H. Nicholls
Clerk of the Privy Council


text:
Title, commencement and extent
1
1
These Regulations may be cited as the Selective Cull (Enforcement of Community Compensation Conditions) Regulations 1996 and shall come into force on 24th January 1997.
2
These Regulations extend to Great Britain.
Interpretation
2
In these Regulations —
“approved operator” means the operator of an incinerator or rendering plant, as the case may be, approved under the Specified Bovine Material ( No. 3) Order 1996 ;
“the Commission Regulation” means Commission Regulation ( EC ) No. 1484/96 adopting exceptional support measures for the beef market in the United Kingdom by application of Commission Decision 96/385/EC ;
“licensed operator” means the owner or occupier of a slaughterhouse licensed under the Fresh Meat (Hygiene and Inspection) Regulations 1995 ;
“selective cull” means the compulsory slaughter programme introduced under section 32 of the Animal Health Act 1981 in accordance with the plan for the control and eradication of bovine spongiform encephalopathy drawn up by the United Kingdom and approved by Commission Decision 96/385/EC ; and
“specified Community provision” means a provision of the Commission Regulation specified in the Schedule to these Regulations.
Offences
3
1
Where there is, in a slaughterhouse, a contravention of, or failure to comply with, any specified Community provision referred to in Part I of the Table in the Schedule to these Regulations, the licensed operator of that slaughterhouse shall be guilty of an offence.
2
Where there is, at premises housing an incinerator or at a rendering plant, a contravention of, or failure to comply with, any specified Community provision referred to in Part II of the Table in the Schedule to these Regulations, the approved operator of that incinerator or plant shall be guilty of an offence.
Penalties
4
A person guilty of an offence under regulation 3 of these Regulations shall be liable on conviction on indictment to a fine, and on summary conviction to a fine not exceeding level 5 on the standard scale.
Offences by bodies corporate
5
1
Where an offence under regulation 3 of these Regulations committed by a body corporate is proved to have been committed with the consent or approval of any director, manager, secretary or other officer of the body corporate, he, as well as the body corporate, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
2
In paragraph (1) above a reference to a body corporate includes a Scottish partnership and a reference to a director includes a partner in a Scottish partnership.
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
18th December 1996
Lindsay
Parliamentary Under Secretary of State, Scottish Office
16th December 1996


text:
Citation and Commencement
1
This Order may be cited as the European Communities (Designation) (No. 2) Order 1996 and shall come into force on 23rd August 1996.
Designation of Ministers or departments
2
1
For the purposes of section 2(2) of the European Communities Act 1972 the Ministers or government departments specified in column (1) of the Schedule to this Order are hereby designated in relation to the matters specified in column (2) of that Schedule.
2
Where a Minister or government department is designated in relation to any item in column (2) of the said Schedule, then, for the purposes of the said section 2(2), that Minister or government department is also hereby designated in relation to anything supplemental or related to the matters specified in that item.
3
Regulations made by a Northern Ireland Department in pursuance of this Order shall form part of the law of Northern Ireland and not of any other part of the United Kingdom.
Revocation of earlier designation Order
3
The European Communities (Designation) Order 1991 is hereby revoked.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Energy Information (Washing Machines) Regulations 1996 and shall come into force on 1st April 1996.
Interpretation
2
In these Regulations, unless the context otherwise requires, expressions used have the same meaning as in the Directives and —
“appliance” means an applicance to which these Regulations apply by virtue of regulation 3 (application);
“dealer” means a retailer or other person who sells or displays appliances to end-users;
“the Directives” means Council Directive 92/75/ EEC and Commission Directive 95/12/ EC ;
“enforcement authority” means —
in England and Wales and Scotland, a local weights and measures authority within the meaning of section 69 of the Weights and Measures Act 1985 (local weights and measures authorities) ; and
in Northern Ireland, the Department of Economic Development;
“the harmonised standards” means the standards referred to in article 1(3) of Commission Directive 95/12/EEC .
“information notice” means —
subject to paragraph (b), a standard table of information relating to an appliance and complying with regulation 5(2) (form, content and language of information notice);
in paragraph 9 of Schedule 5 (power of enforcement authority to require technical documentation), a standard table of information relating to the energy consumption and allied design and performance characteristics of an appliance;
“label” means —
subject to paragraph (b), a label relating to an appliance and complying with regulation 4(2) (form, content and language of label);
in regulation 13 (misleading information) and in paragraph 9 of Schedule 5 (power of enforcement authority to require technical documentation), a label relating to the energy consumption and allied design and performance characteristics of an appliance;
“purchase” includes acquire on hire or on hire-purchase, and related expressions shall be construed accordingly;
“records” includes any books, documents, marks or symbols and any records in non-documentary form;
“sale” includes hire and hire-purchase, and related expressions shall be construed accordingly;
“supplier” means the manufacturer of an appliance or his authorized representative in the Community or the person who places an appliance on the Community market;
“third person” means any person other than the one against whom enforcement action may be or has been taken under these Regulations.
Application
3
1
Subject to paragraphs (2) and (3) and regulation 15 (transitional provisions), these Regulations shall apply to household washing machines.
2
These Regulations shall apply only to appliances which are —
a
electric mains operated, and
b
unable to use other energy sources.
3
These Regulations shall not apply —
a
to second-hand appliances;
b
to appliances of which production ceased before 1st April 1996;
c
in respect of the rating plate or its equivalent affixed for safety purposes to an appliance;
d
to machines with no spin capacity;
e
to machines with separate washing and spin drying vessels (such as twin tubs); or
f
to combined washer-driers.
Suppliers' duties in respect of labels
4
1
A supplier of an appliance shall provide free of charge to a dealer such label in respect of the appliance as may be necessary to enable the dealer to comply with his obligations imposed pursuant to the Directives.
2
The label shall be in the relevant language version and, where it is in English, shall comply with Schedule 1 (the label), and Schedule 4 (performance classification) and, in any other case, with Commission Directive 95/12/EC .
3
Where the dealer requests labels from the supplier, the supplier shall ensure that the requested labels are delivered promptly.
4
A supplier may choose his own system for delivery of labels.
Suppliers' duties in respect of information notices
5
1
A supplier of an appliance shall provide an information notice in accordance with this regulation.
2
The information notice shall be in the relevant language version and, where it is in English, shall comply with Schedule 2 (the information notice), and Schedule 4 (performance classification) and, in any other case, with Commission Directive 95/12/EC .
3
Where the supplier provides a product brochure, the brochure shall contain an information notice.
4
Where a product brochure is not provided by the supplier, the supplier shall provide an information notice with any other literature provided with the appliance.
Suppliers' deemed consent to publication of information
6
The supplier shall be deemed to consent to the publication of the information given on a label or in an information notice.
Suppliers to be responsible for accuracy of labels and information notices
7
1
The supplier shall be responsible for the accuracy of the information given on a label or in an information notice.
2
A label or information notice shall be deemed to comply with these Regulations unless there is evidence to the contrary.
Suppliers' duties in respect of technical documentation
8
1
The supplier shall establish technical documentation sufficient to enable the accuracy of the information contained in a label or information notice to be assessed.
2
The technical documentation referred to in paragraph (1) shall include —
a
the name and address of the supplier;
b
a general description of the applicance, sufficient for it to be identified;
c
information (including drawings as relevant) on the main design features of the appliance and, in particular, items which appreciably affect its energy consumption;
d
the results of design calculations carried out, where these are relevant;
e
reports of relevant measurement tests carried out in accordance with the harmonised standards;
f
test reports, where available, including those carried out by relevant notified organisations as defined under other Community legislation;
g
where values are derived from those obtained for similar models, the same information for these models; and
h
operating instructions (if any).
3
For the purposes of paragraphs (1) and (2), the supplier may use documentation already required on the basis of relevant Community legislation.
4
The supplier shall make the technical documentation available for inspection by enforcement authorites for a period ending five years after the appliance has ceased to be manufactured.
5
The supplier shall furnish promptly to an enforcement authority such of the technical documentation as the authority requires pursuant to paragraph 9 of Schedule 5 (power of enforcement authority to require technical documentation).
Dealers' duty in respect of displayed appliances
9
Subject to regulation 11 (extent of dealers' duties under regulations 9 and 10), a dealer who displays an appliance to end-users shall attach a label to the outside front or top of the appliance so that the label remains clearly visible and not obscured whenever the appliance is displayed.
Dealers' duty in respect of information notices
10
1
Subject to regulation 11 (extent of dealers' duties under regulations 9 and 10), this regulation shall apply where by virtue of regulation 5 (suppliers' duties in respect of information notices) or a similar obligation imposed pursuant to the Directives, a supplier is under a duty to provide an information notice in respect of an appliance.
2
Where a dealer offers the appliance for sale to end-users in circumstances such that potential purchasers do not see the appliance displayed and thus have no opportunity to see the label, the dealer shall make the information notice available for inspection by potential purchasers before concluding a sale of the appliance.
Extent of dealers' duties under regulations 9 and 10
11
Regulations 9 (dealers' duty in respect of displayed appliances) and 10 (dealers' duty in respect of information notices) shall not apply where an appliance is offered for sale to end-users by mail order, by catalogue or by other means which imply that the potential purchaser cannot be expected to see the appliance displayed.
Printed communications
12
Where a person offers an appliance for sale to end-users by means of a printed communication, such as a mail order catalogue, (but not an advertisement or short printed list of appliances), in circumstances which imply that the potential purchaser cannot be expected to see the appliance displayed, the person making such offer shall ensure that the printed communication is in the relevant language version and —
a
if it is in English, includes the information specified in Schedule 3 (mail order and other distance selling) and describes the appliance in accordance with Schedule 4 (performance classification), and
b
in any other case, it complies with Commission Directive 95/12/EC .
Misleading information
13
1
A person shall not display a label, mark, symbol or inscription which relates to the energy consumption of an appliance and which does not comply with these Regulations, if the label, mark, symbol or inscription —
a
would be taken to comply with these Regulations, or
b
would be likely to mislead or confuse.
2
Paragraph (1) shall not apply to a label, mark, symbol or inscription displayed under a Community or national environmental labelling scheme.
Enforcement and offences
14
1
Subject to paragraph (3), it shall be the duty of every enforcement authority to enforce these Regulations within its area.
2
Schedule 5 shall have effect with regard to offences, enforcement of these Regulations, and other matters.
3
Nothing in these Regulations shall authorise a local weights and measures authority in Scotland to bring proceedings in Scotland for an offence.
Transitional provisions
15
These Regulations shall not apply in relation to —
a
an appliance supplied by a supplier (whether to a dealer or another person) before 30th September 1996;
b
any printed communication within the meaning of regulation 12 (printed communications) distributed to potential purchasers before 30th September 1996; or
c
the display of appliances before 30th September 1996.
John Selwyn Gummer
One of Her Majesty’s Principal Secretaries of State
Department of the Environment
5th March 1996


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Optical Charges and Payments) Amendment (No. 2) Regulations 1996 and shall come into force on 7th October 1996.
2
In these Regulations, “the principal Regulations ” means the National Health Service (Optical Charges and Payments) Regulations 1989 .
Amendment of regulation 1 of the principal Regulations
2
In regulation 1 of the principal Regulations (citation, commencement and interpretation), in paragraph (2), after the definition of “family credit” insert —
“an income-based jobseeker’s allowance” has the meaning given to it by section 1(4) of the Jobseekers Act 1995 ;
.
Amendment of regulation 8 of the principal Regulations
3
1
Regulation 8 of the principal Regulations (eligibility — supply of optical appli ances) is amended as follows.
2
In paragraph (3) —
a
in sub-paragraph (g), omit the words from “and his” to the end; and
b
after sub-paragraph (h), add —
i
he is in receipt of an income-based jobseeker’s allowance; or
j
he is a member of the same family as a person described in sub-paragraph (i) of this paragraph.
.
3
In paragraph (4), after sub-paragraph (c), add —
“and has the meaning given to it by section 35 of the Jobseekers Act 1995 in the case of paragraph 3(j).”.
Gerald Malone
Secretary of State for Health
7th September 1996


text:
1
These Regulations may be cited as the Companies (Revision of Defective Accounts and Report) (Amendment) Regulations 1996 and shall come into force on 1st April 1996.
2
The Companies (Revision of Defective Accounts and Report) Regulations 1990 (“the 1990 Regulations ”) are amended in accordance with regulations 3 to 7 below.
3
In regulations 6(1) and 7(1) of the 1990 Regulations, for the words from “where a company’s auditors” to “make a further report” substitute “a company’s current auditors shall make a report or (as the case may be) further report under section 235 of the Act”.
4
In regulation 9(1) of the 1990 Regulations, for “Regulation 4” substitute “Regulation 5”.
5
In regulation 10(3) of the 1990 Regulations after “The directors shall also” insert “, not more than 28 days after the revision,”.
6
After regulation 13 of the 1990 Regulations insert —
13A
1
This Regulation has effect (subject to Regulation 16(2)) where the directors have delivered to the registrar abbreviated accounts which do not comply with the provisions of the Act for reasons other than those specified in Regulation 13(2) above.
2
The directors of the company shall cause the company —
a
to prepare further abbreviated accounts under section 246 in accordance with the provisions of that section and Schedule 8 to the Act, and
b
to deliver those accounts to the registrar within 28 days after the date of revision together with a statement as to the effect of the revisions made.
3
Section 242(2) to (5) shall apply with respect to a failure to comply with the requirements of this Regulation as they apply with respect to a failure to comply with the requirements of section 242(1) but as if —
a
the references in section 242(2) and (4) to “the period allowed for laying and delivering accounts and reports” was a reference to the period of 28 days referred to in the last paragraph; the reference in section 242(2) to “that period” shall be construed accordingly, and
b
the references in section 242(5) to “the documents in question” were a reference to the documents referred to in paragraph (2)(a) and to the provisions of Part VII of the 1985 Act as applied by these Regulations.
.
7
In Regulation 16(2) of the 1990 Regulations after “Regulation 13” insert “or 13A”.
Phillip Oppenheim
Minister for Company Affairs,
Department of Trade and Industry
13th February 1996


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Teachers' Superannuation (Provision of Information and Administrative Expenses etc.) Regulations 1996 and shall come into force on 1st October 1996.
2
In these Regulations —
“the 1986 Act ”means the Financial Services Act 1986;
“the 1995 Act ”means the Pensions Act 1995; and
“the Teachers' Superannuation Scheme ”means the occupational pension scheme constituted by the Teachers' Superannuation (Consolidation) Regulations 1988 .
Application
2
1
These Regulations apply to an individual as mentioned in section 172(1) of the 1995 Act who has been eligible to be an active member off the Teachers' Superannuation Scheme.
2
In paragraph (1) above “active member”shall be construed in accordance with section 172(5) of the 1995 Act.
Provision of information
3
1
The circumstances for the purposes of section 172(1) of the 1995 Act (prescribed circumstances in which the Secretary of State may provide information) are that the individual to whom the information relates or, where he has died, his personal representative, has requested or consented in writing to the provision of the information.
2
The persons for the purposes of section 172(1) of the 1995 Act (prescribed persons to whom the Secretary of State may provide information) are —
a
a person who is or has been an authorised person within the meaning of the 1986 Act (“an authorised person”);
b
an appointed representative within the meaning of section 44 of the 1986 Act (“an appointed representative”);
c
a recognised self-regulating organisation within the meaning of the 1986 Act;
d
a recognised professional body within the meaning of the 1986 Act;
e
the Securities and Investments Board ;
f
the Investors' Compensation Scheme Limited ;
g
a professional indemnity insurer of an authorised person or an appointed representative;
h
The Chartered Accountants' Compensation Scheme;
i
The Solicitors' Indemnity Fund Limited;
j
a person or body arbitrating or adjudicating in, or investigating or considering, a complaint brought by such an individual as is mentioned in section 172(1) of the 1995 Act against an authorised person or an appointed representative;
k
a person or body appointed to act on behalf of any of the above.
Readmission etc. fees
4
The persons for the purposes of section 172(2) of the 1995 Act (prescribed persons on whom the Secretary of State may impose a fee in respect of administrative expenses in connection with the admission or readmission of an individual to a scheme or for the administration of a compensation payment) are the persons specified in regulation 3(2) (a) to (d), and (f) to (i) above and a person or body appointed to act on behalf of any such person.
Eric Forth
Minister of State,
Department for Education and Employment
29th August 1996


text:
1
This Order may be cited as the Local Government and Housing Act 1989 (Commencement No. 18) Order 1996.
2
Section 194(4) of the Local Government and Housing Act 1989, in so far as it relates to the following repeals in Part II of Schedule 12 to that Act, shall come into force on 22nd July 1996 —
Chapter Short Title Extent of Repeal
1984 c. 11 The Education (Grants and Awards) Act 1984 In section 1, in subsection (6) the words “or section 2 below” and in subsection (7) the words “in those sections”. Section 2. 1986 c. 1 The Education (Amendment) Act 1986 Sections 1 and 3
Robin Squire
Parliamentary Under Secretary of State,
Department for Education and Employment
15th July 1996


text:
Citation and commencement
1
These Regulations may be cited as the National Health Service Litigation Authority (Amendment) Regulations 1996 and shall come into force on 19th April 1996.
Amendment of Regulations
2
In paragraph 5(1) of the Schedule to the National Health Service Litigation Authority Regulations 1995 (rules as to meetings and proceedings of the Authority — quorum) for the words from “three” to the end of the sub-paragraph there shall be substituted the words “two non-officer members, or the chairman and one non-officer member, are present.”.
Signed by authority of the Secretary of State for Health
Gerald Malone
Minister of Health,
Department of Health
28th March 1996


text:
1
This Order may be cited as the Insurance Premium Tax (Taxable Insurance Contracts) Order 1996 and shall come into force on 1st January 1997.
2
In sub-paragraph (2)(b) of paragraph 15 of Schedule 7A to the Finance Act 1994 the words “in the United Kingdom”shall be omitted.
Bowen Wells
Michael Bates
Two of the Lords Commissioners of Her Majesty’s Treasury
26th November 1996


text:
1
This Order may be cited as the Civil Evidence Act 1995 (Commencement No. 1) Order 1996.
2
Except for sections 10 and 16(5), the Civil Evidence Act 1995 shall come into force on 31st January 1997.
Mackay of Clashfern,C.
Dated 19th December 1996


text:
1
This Order may be cited as the A1 Trunk Road (Haringey) (Bus Lanes) Red Route Experimental Order 1996, and shall come into force on 15th March 1996.
2
The A1 Trunk Road (Haringey) Red Route (Bus Lanes) Traffic1993 as amended by the A1 Trunk Road (Haringey) (Bus Lanes) Red Route Traffic Order 1993 Variation Order 1994 shall have effect as if: —
a
in article 2, after definition of “Schedule”, there were inserted the following definition —
“vehicle” includes part of a vehicle
b
in article 5, for the words “enter or to proceed” there were substituted the word “be”; and,
c
in article 8, after paragraph (3) there were inserted the following paragraph —
4
Nothing in article 5 shall apply so as to prevent a vehicle being in the bus lane so long as may be necessary —
i
to enable a person to board or alight from the vehicle; or
ii
to enable goods to be loaded onto or be unloaded from the vehicle;
if and in so far as the activity is not prohibited by provisions other than the provision of this order.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
28th February 1996


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Education (Assisted Places) (Amendment) Regulations 1996 and shall come into force on 25th August 1996.
2
These Regulations shall apply in relation to a school year beginning on or after the date mentioned in paragraph (1).
3
In these Regulations, a reference to the principal Regulations is a reference to the Education (Assisted Places) Regulations 1995 .
Amendments to Parts II to V of the principal Regulations
2
Parts II to V of the principal Regulations shall be amended in accordance with regulations 3 to 6 below.
3
In regulation 5 —
a
for paragraph (1) there is substituted —
1
it shall be a condition that the child either:
a
shall have attained the age of five years no later than the commencement date; or
b
if he does not satisfy the requirement in sub-paragraph (a), will, if selected for an assisted place —
i
be educated with pupils the majority of whom will have attained the age of five years no later than the commencement date,
ii
receive full-time education suitable to the requirements of pupils who have attained that age, and
iii
have attained that age before 1st September next following the commencement date.
1A
Subject to paragraph (2), it shall also be a condition that the child shall have attained, before 1st September next following the commencement date, an age specified in the participation agreement as a normal age of entry to the school to which it is intended that the child should be admitted.
1B
For the purposes of paragraphs (1) and (1A), “the commencement date” means the date on which the child’s first assisted year begins.
; and
b
in paragraph (2), for “Paragraph (1)(b)” there is substituted “Paragraph (1A)”.
4
In paragraphs (3) and (5) of regulation 11, for “£1,165” in each place it appears there is substituted “£1,200”.
5
In regulation 19 —
a
for paragraph (1), there is substituted —
1
Subject to paragraph (4), in selecting pupils who will not be excepted pupils to take up assisted places, a school shall ensure that at least 60 per cent of the total number of assisted pupils at the school, excluding any excepted pupils, will be pupils from publicly maintained schools.
; and
b
after paragraph (1) there is inserted —
1A
For the purposes of paragraph (1) “excepted pupils” means pupils (whether or not they are assisted pupils) who have not attained the age of seven years by 1st September next following the beginning of the school year in which they first attend the school.
.
6
In regulation 21, for “fourteen days” there is substituted “one month”.
Amendments to Schedule 2 of the principal Regulations
7
1
In paragraph 1 of Schedule 2 to the principal Regulations, for “£9,572” there is substituted “£9,873”.
2
For the table in paragraph (2) of that Schedule there is substituted the following Table —
Table
(1) (2) (3) (4) Part of relevant income to which specified percentage applies Only assisted pupil (%) Each of two assisted pupils (%) Each of three assisted pupils (%)
That part (if any) which exceeds £9,707 but does not exceed £10,555 9 6.75 5.25 That part (if any) which exceeds £10,555 but does not exceed £11,417 12 9 7 That part (if any) which exceeds £11,417 but does not exceed £13,127 15 11.25 8.75 That part (if any) which exceeds £13,127 but does not exceed £15,760 21 15.75 12.25 That part (if any) which exceeds £15,760 but does not exceed £19,194 24 18 14 That part (if any) which exceeds £19,194 33 24.75 19.25
.
Cheryl Gillan
Parliamentary Under Secretary of State,
Department for Education and Employment
26th July 1996
Jonathan Evans
Parliamentary Under Secretary of State,
Welsh Office
31st July 1996


text:
Commencement and citation
1
This Order may be cited as The A406 Trunk Road (Enfield) Red Route Traffic Order 1996, and shall come into force on 18th October 1996.
Interpretation
2
In this Order —
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities’ Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route” means the lengths of road specified in column 2 of the table in schedule 1;
f
“vehicle” includes part of a vehicle; and
g
an entry in column (3), (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule.
General prohibition of stopping
3
1
Subject to the provisions of paragraphs (2) and (3) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop in the trunk road red route during the restricted hours.
2
Subject to the provisions of paragraph (3) of this article, and of articles 5(1), 8 and 9, no person shall cause any vehicle to stop at any time in any lengths of the trunk road red route specified in schedule 4.
3
The controls specified in paragraphs (1) and (2) of this article do not apply in respect of any area of the trunk road red route specified in schedule 2A.
4
In this article “the restricted hours” means, in relation to a length of the trunk road red route specified in an item in column (2) of the table in schedule 1, the hours specified in that item in column (3) of that table.
Exemptions for parking
4
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
Miscellaneous exemptions for parking
5
1
Licensed taxi cabs: The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to be parked at the edge of the carriageway on a length of road specified in schedule 2D.
2
Coaches: The controls specified in article 3(1) do not apply in respect of a person causing a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver) or a local bus (as defined in article 8(4)) not so constructed or adapted, to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2E during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
3
Doctors’ vehicles: The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2F during the hours specified in column (3) in that item, provided that —
a
there is displayed in the windscreen of the vehicle a badge issued by, or with the authority of, the Traffic Director for London to a medical practitioner, and which specifies —
i
the name of the person to whom it was issued, and
ii
the premises in relation to which it applies; and
b
the vehicle was parked by, or with the permission of, the person whose name is specified on the badge and for so long only as the person who parked the vehicle is engaged in work at the premises specified on the badge.
4
Solo motor bicycles: The controls specified in article 3(1) do not apply in respect of a person causing a motor bicycle without a side-car to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2G during the hours specified in column (3) in that item.
Exemptions for loading and unloading
6
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which is being loaded or unloaded to stop at the edge of the carriageway on a length of road specified in an item in column (2) of the tables in schedules 3A and 3B during the hours specified in column (3) in that item for as long as is needed to load or unload the vehicle or 20 minutes, whichever is the less, provided that not less than 20 minutes has elapsed since the vehicle was last parked on any part of the same length of road.
Exemptions for disabled persons
7
1
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item.
2
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2C during the hours specified in column (3) in that item.
3
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which displays a disabled person’s badge in the relevant position, and a parking disc on which is shown the time at which the period of parking began, to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item, for a period of up to 3 hours not being a period separated by an interval of less than 1 hour from a previous period when that vehicle was parked in that length of road.
Exemptions at bus stops and stands
8
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to which this article applies to stop at a bus stop (being an area of road bounded by a traffic sign which includes the words “bus stop”) for so long only as may be required to enable passengers to get on or off the vehicle or, in the case of a vehicle being used to provide a local service, for so long only as may be required for a change of crew.
2
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used to provide a local service to stop at a bus stand (being an area of road bounded by a traffic sign which includes the words “bus stand”) for so long only as may be required for timetabling reasons.
3
This article applies —
a
before 1 January 1997 to
i
a public service vehicle used for the provision of a local service or a scheduled express service,
ii
a school bus, and
iii
a works bus; and
b
after 31 December 1996 to
i
a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver), and
ii
a local bus not so constructed or adapted.
4
In this article “local bus”, “local service”, “scheduled express service”, “school bus” and “works bus” have the meanings given to those expressions in regulation 4 of the Traffic Signs Regulations and General Directions 1994 .
Other exemptions
9
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to stop if that person is —
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) and (2) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) and (2) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Revocation or variation of existing Orders
10
1
The A406 Trunk Road (Enfield) Red Route Experimental Traffic Order 1995, The Enfield (Waiting and Loading Restriction) (Priority Routes and Side Roads) Order 1994 and The Enfield (Restriction of Waiting on Bus Stops) (Priority Routes and Side Roads) Order 1994 are hereby revoked, in so far as their provisions relate to any part of the trunk road red route.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
4th October 1996


text:
Citation and commencement
1
This Order may be cited as the Swindon and Marlborough National Health Service Trust (Establishment) Amendment Order 1996, and shall come into force on 6th April 1996.
Amendment of Establishment Order
2
In Article 3 of the Swindon and Marlborough National Health Service Trust (Establishment) Order 1993 (functions of the trust) —
a
in paragraph (1) for “section 5(1)(a)” there shall be substituted “section 5(1)(b)”;
b
in sub-paragraph (a) of paragraph (2) for “own and manage” there shall be substituted “provide and manage”; and
c
in sub-paragraph (b) of paragraph (2) for “to own” there shall be substituted “to provide”.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State,
Department of Health
27th March 1996


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Child Support (Miscellaneous Amendments) Regulations 1996.
2
This regulation, regulations 4, 7, 8, 9, 12, 20, 21 and 22, and paragraphs (1) and (3) of regulation 18, of these Regulations shall come into force on 5th August 1996. The remaining regulations other, than paragraphs (3) and (6) of regulation 14, shall come into force on 7th October 1996 and those paragraphs shall come into force immediately following the coming into force of regulation 5 of the Social Security and Child Support (Jobseeker’s Allowance) (Consequential Amendments) Regulations 1996 .
3
In these Regulations —
“the Appeal Regulations ” means the Child Support Appeal Tribunals (Procedure) Regulations 1992 ;
“the Collection and Enforcement Regulations ” means the Child Support (Collection and Enforcement) Regulations 1992 ;
“the Fees Regulations ” means the Child Support Fees Regulations 1992 ;
“the Information, Evidence and Disclosure Regulations ” means the Child Support (Information, Evidence and Disclosure) Regulations 1992 ;
“the Maintenance Assessment Procedure Regulations ” means the Child Support (Maintenance Assessment Procedure) Regulations 1992 ;
“the Maintenance Assessments and Special Cases Regulations ” means the Child Support (Maintenance Assessments and Special Cases) Regulations 1992 .
Substitution of regulation 17 of the Appeal Regulations
2
1
For regulation 17 of the Appeal Regulations (confidentiality) there shall be substituted the following regulation —
Confidentiality
17
1
No information such as is mentioned in paragraph (2), and which has been provided for the purposes of any proceedings to which these Regulations apply, shall be disclosed if, before the expiry of the period of 21 days specified in paragraph (3), written notification has been received from the person to whom the information relates that he does not consent to such disclosure.
2
The information referred to in paragraph (1) is —
a
the address of the person referred to in that paragraph; and
b
any other information the use of which could reasonably be expected to lead to that person being located.
3
Except where the appeal is made under section 46(7) of the Act or is one to which regulation 3(1)(b) applies, the clerk to the tribunal shall notify the person to whom the information referred to in paragraphs (1) and (2) relates of the provisions of those paragraphs and that disclosure of that information may be made, unless the written notification specified in paragraph (1) is received before the expiry of the period of 21 days, beginning with the date the notification by the clerk to the tribunal was given or sent to that person.
Amendment of regulation 8 of the Collection and Enforcement Regulations
3
In the definition of “interim maintenance assessment” in paragraph (1) of regulation 8 of the Collection and Enforcement Regulations (interpretation), for the words “regulation 8(1B)” there shall be substituted the words “regulation 8(3)”.
Amendment of regulation 11 of the Collection and Enforcement Regulations
4
In paragraph (3) of regulation 11 of the Collection and Enforcement Regulations, (protected earnings rate), after the words “interim maintenance assessment”, there shall be inserted the words “, except a Category B interim maintenance assessment,”.
Amendment of regulation 1 of the Fees Regulations
5
In paragraph (2) of regulation 1 of the Fees Regulations (citation, commencement and interpretation), after the definition of “collection fee” there shall be inserted the following definitions —
“earnings top-up” means the allowance paid by the Secretary of State under the rules specified in the Earnings Top-up Scheme;
“the Earnings Top-up Scheme” means the Earnings Top-up Scheme 1996 ;
Amendment of regulation 3 of the Fees Regulations
6
In paragraph (5) of regulation 3 of the Fees Regulations (liability to pay fees), after sub-paragraph (d) there shall be added the following sub-paragraph —
e
any person to or in respect of whom earnings top-up is paid.
Amendment of regulation 2 of the Information, Evidence and Disclosure Regulations
7
1
Regulation 2 of the Information, Evidence and Disclosure Regulations (persons under a duty to furnish information or evidence), shall be amended in accordance with the following provisions of this regulation.
2
After paragraph (1), there shall be inserted the following paragraph —
1A
A person falling within paragraph (2)(a) or (e) shall furnish such information or evidence as is required by the Secretary of State and is needed by him to enable a decision to be made in relation to the matters listed in regulation 3(1)(h) and (hh) where the person concerned has that information or evidence in his possession or can reasonably be expected to acquire it.
3
In sub-paragraph (e) of paragraph (2), after the word “sub-paragraphs” there shall be inserted “(aa), (ab),”.
Amendment of regulation 3 of the Information, Evidence and Disclosure Regulations
8
1
Regulation 3 of the Information, Evidence and Disclosure Regulations (purposes for which information or evidence may be required) shall be amended in accordance with the following provisions of this regulation.
2
After sub-paragraph (a) of paragraph (1), there shall be inserted the following sub-paragraphs —
aa
a decision to be made as to whether there is in force a written maintenance agreement made before 5th April 1993, or a maintenance order, in relation to a qualifying child and the person who is at that time the absent parent of that child;
ab
a decision to be made as to whether a person with care has parental responsibility for a qualifying child for the purposes of section 5(1) of the Act;
3
After sub-paragraph (h) of paragraph (1), there shall be inserted the following sub-paragraph —
hh
a decision to be made as to whether to take action under section 35(1) or 38(1) of the Act or to apply under section 36(1) of the Act for an order for recovery by means of garnishee proceedings or a charging order;
Amendment of regulation 15A of the Maintenance Assessment Procedure Regulations
9
At the end of paragraph (2) of regulation 15A of the Maintenance Assessment Procedure Regulations, (notification of reinstatement of a maintenance assessment), there shall be added “and where the review is carried out under section 19(1)(d) of the Act, except where that review is of the cancellation of a Category A or Category D interim maintenance assessment, as to the provisions of section 18 of the Act and regulations 24(1) and 31A(8).”.
Amendment of regulation 31 of the Maintenance Assessment Procedure Regulations
10
For paragraph (1) of regulation 31 of the Maintenance Assessment Procedure Regulations (effective dates following a review under section 16 or 17 of that Act), there shall be substituted the following paragraph —
1
Subject to paragraph (2), where a fresh maintenance assessment is made following a review under section 16 of the Act, the effective date of that assessment shall be 104 weeks after the effective date of the previous assessment disregarding —
a
any previous assessment made following a review under section 17 of the Act, where, after 22nd January 1996, a child support officer decided, in accordance with section 17(3) of the Act, to proceed with a review;
b
any previous assessment made following a review under section 18 or 19 of the Act;
c
any interim maintenance assessment made under section 12(1A)(b) or (c) of the Act, except a Category B interim maintenance assessment made under paragraph (b) or (c) of that section where that interim maintenance assessment is the assessment being reviewed under section 16 of the Act.
Amendment of regulation 31C of the Maintenance Assessment Procedure Regulations
11
In paragraph (3) of regulation 31C of the Maintenance Assessment Procedure Regulations (effective dates in specific cases), for the words “that determined” to the end of that paragraph there shall be substituted the words “the correct effective date applicable to the maintenance assessment which is being reviewed”.
Amendment of regulation 33 of the Maintenance Assessment Procedure Regulations
12
1
Regulation 33 of the Maintenance Assessment Procedure Regulations (maintenance periods) shall be amended in acordance with the following provisions of this regulation.
2
For paragraph (6), there shall be substituted the following paragraph —
6
Where a case is to be treated as a special case for the purposes of the Act by virtue of regulation 22 of the Maintenance Assessments and Special Cases Regulations (multiple applications relating to an absent parent) and an application is made by a person with care in relation to an absent parent where —
a
there is already a maintenance assessment in force in relation to that absent parent and a different person with care; or
b
sub-paragraph (a) does not apply, but before a maintenance assessment is made in relation to that application, a maintenance assessment is made in relation to that absent parent and a different person with care,
the maintenance periods in relation to an assessment made in response to that application shall coincide with the maintenance periods in relation to the earlier maintenance assessment, except where regulation 3(7) of the Maintenance Arrangements and Jurisdiction Regulations or paragraph (8) applies, and the first such period shall, subject to paragraph (9), commence not later than 7 days after the date of notification to the relevant persons of the later maintenance assessment.
3
After paragraph (8) there shall be added the following paragaph —
9
Where the case is one to which, if paragraphs (6) and (7) did not apply, regulation 30(2)(a)(i) or (b)(i) would apply, and the first maintenance period would, under the provisions of paragraph (6), commence during the 8 week period referred to in sub-paragraph (a) or (b) of that regulation, the first maintenance period shall commence not later than 7 days after the expiry of that period of 8 weeks.
Amendment of regulation 35 of the Maintenance Assessment Procedure Regulations
13
1
Regulation 35 of the Maintenance Assessment Procedure Regulations (periods for compliance with obligations imposed by section 6 of the Act) shall be amended in accordance with the following provisions of this regulation.
2
For paragraph (2), there shall be substituted the following paragraph —
2
The Secretary of State shall not refer a case to a child support officer prior to the expiry of a period of —
a
2 weeks from the date he serves notice under paragraph (1) on the parent in question; or
b
6 weeks from that date, where, before the expiry of 2 weeks from service of that notice, he has received from the parent in question in writing her reasons why she believes that if she were to be required to comply with an obligation imposed by section 6 of the Act, there would be a risk, as a result of that compliance, of her or any child or children living with her suffering harm or undue distress,
and the notice shall contain a statement setting out the provisions of sub-paragraphs (a) and (b).
3
In paragraph (3), for the words “the Secretary of State refers a case to a child support officer and the” there shall be substituted the word “a”.
Amendment of regulation 36 of the Maintenance Assessment Procedure Regulations
14
1
Regulation 36 of the Maintenance Assessment Procedure Regulations (amount of and period of reduction of relevant benefit under a reduced benefit direction) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (2), for the words “26 weeks” there shall be substutited the words “156 weeks” and for the formula
0.2 × B
there shall be substituted the formula —
0.4 × B
3
Paragraphs (3) and (9) shall be omitted.
4
In paragraph (4), after the word “paragraphs” there shall be inserted “(4A),”.
5
After paragraph (4) there shall be inserted the following paragraph —
4A
Subject to paragraphs (5), (5A) and (5B), where a reduced benefit direction (“the subsequent direction”) is made on a day when a reduced benefit direction (“the earlier direction”) is in force in respect of the same parent, the subsequent direction shall come into operation on the day immediately following the day on which the earlier direction ceased to be in force.
.
6
For paragraph (6), there shall be substituted the following paragraph —
6
Where the benefit payable is income support or income-based jobseekers allowance and there is a change in the benefit week whilst a direction is in operation, the period of the reduction specified in paragraph (2) shall be a period greater than 155 weeks but less than 156 weeks and ending on the last day of the last benefit week falling entirely within the period of 156 weeks specified in that paragraph.
Amendment of regulation 38 of the Maintenance Assessment Procedure Regulations
15
In paragraph (4) of regulation 38 of the Maintenance Assessment Procedure Regulations (suspension of a reduced benefit direction when relevant benefit ceases to be payable), the words “and (3)” shall be omitted.
Amendment of regulation 39 of the Maintenance Assessment Procedure Regulations
16
In paragraph (2) of regulation 39 of the Maintenance Assessment Procedure Regulations (reduced benefit direction where family credit or disability working allowance is payable and income support becomes payable), the words “and (3)” shall be omitted.
Amendment of regulation 47 of the Maintenance Assessment Procedure Regulations
17
1
Regulation 47 of the Maintenance Assessment Procedure Regulations (reduced benefit directions where there is an additional qualifying child) shall be amended in accordance with the following provisions of this regulation.
2
For paragraph (3) there shall be substituted the following paragraph —
3
Where —
a
a direction (“the earlier direction”) has ceased to be in force by virtue of regulation 38(2); and
b
a child support officer gives a direction (“the further direction”) with respect to the same parent on account of that parent’s failure to comply with the obligations imposed by section 6 of the Act in relation to an additional qualifying child,
as long as that further direction remains in force, no additional direction shall be brought into force with respect to that parent on account of her failure to comply with the obligations imposed by section 6 of the Act in relation to one or more children in relation to whom the earlier direction was given.
3
In paragraph (4), for the words “shall be determined in accordance with paragraphs (6) and (7).” there shall be substituted the words “for the extended period shall be determined in accordance with regulation 36(2).”.
4
In paragraph (5), for the formula
( 78 - F - S ) weeks
there shall be substituted the formula —
( 156 - F - S ) weeks.
5
Paragraphs (6) and (7) shall be omitted.
Amendment of regulation 1 of the Maintenance Assessments and Special Cases Regulations
18
1
Paragraph (2) of regulation 1 of the Maintenance Assessments and Special Cases Regulations (citation, commencement and interpretation) shall be amended in accordance with the following provisions of this regulation.
2
After the definition of “earnings”, there shall be inserted the following definitions —
“earnings top-up” means the allowance paid by the Secretary of State under the rules specified in the Earnings Top-up Scheme;
“The Earnings Top-up Scheme” means the Earnings Top-up Scheme 1996 ;
.
3
For the definition of “family” there shall be substituted the following definitions —
“family” means —
a married or unmarried couple (including the members of a polygamous marriage);
a married or unmarried couple (including the members of a polygamous marriage) and any child or children living with them for whom at least one member of that couple has day to day care;
where a person who is not a member of a married or unmarried couple has day to day care of a child or children, that person and any such child or children;
and for the purposes of this definition a person shall not be treated as having day to day care of a child who is a member of that person’s household where the child in question is being looked after by a local authority within the meaning of section 22 of the Children Act 1989 or, in Scotland, where the child is boarded out with that person by a local authority under the provisions of section 21 of the Social Work (Scotland) Act 1968 ;
Amendment of regulation 9 of the Maintenance Assessments and Special Cases Regulations
19
In paragraph (1)(b) of regulation 9 of the Maintenance Assessments and Special Cases Regulations (exempt income), for “18” there shall be substituted “16 and 18”.
Amendment of regulation 11 of the Maintenance Assessments and Special Cases Regulations
20
1
Regulation 11 of the Maintenance Assessments and Special Cases Regulations (protected income) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1), for the words “and (6)” there shall be substituted the words “, (6) and (6A)”.
3
After paragraph (6), there shall be inserted the following paragraph —
6A
In a case to which paragraph (6) does not apply, if the application of paragraphs (1) to (5) and of regulation 12(1)(a) would result in the amount of child support maintenance payable being greater than 30 per centum of the absent parent’s net income calculated in accordance with regulation 7, paragraphs (1) to (5) shall not apply in his case and instead his protected income level shall be 70 per centum of his net income as so calculated.
4
In paragraph (7), after the words “paragraph (6)” there shall be inserted the words “or (6A)”.
Amendment of regulation 12 of the Maintenance Assessments and Special Cases Regulations
21
In paragraph (1) of regulation 12 of the Maintenance Assessments and Special Cases Regulations (disposable income), after the words “regulation 11 (6)” in sub-paragraphs (a) and (b), there shall be inserted the words “or (6A)”.
Substitution of regulation 16 of the Maintenance Assessments and Special Cases Regulations
22
For regulation 16 of the Maintenance Assessments and Special Cases Regulations (weekly amount of housing costs), there shall be substituted the following regulation —
Weekly amount of housing costs
16
1
Where a parent pays housing costs —
a
on a weekly basis, the amount of such housing costs shall subject to paragraph (2), be the weekly rate payable at the effective date;
b
on a monthly basis, the amount of such housing costs shall subject to paragraph (2), be the monthly rate payable at the effective date, multiplied by 12 and divided by 52;
c
by way of rent payable to a housing association, as defined in section 1(1) of the Housing Associations Act 1985 which is registered in accordance with section 5 of that Act, or to a local authority, on a free week basis, that is to say the basis that he pays an amount by way of rent for a given number of weeks in a 52 week period, with a lesser number of weeks in which there is no liability to pay (“free weeks”), the amount of such housing costs shall be the amount which he pays —
i
in the relevant week if it is not a free week; or
ii
in the last week before the relevant week which is not a free week, if the relevant week is a free week;
d
on any other basis, the amount of such housing costs shall, subject to paragraph (2), be the rate payable at the effective date, multiplied by the number of payment periods, or the nearest whole number of payment periods (any fraction of one half being rounded up), falling within a period of 365 days and divided by 52.
2
Where housing costs consist of payments on a repayment mortgage and the absent parent or parent with care has not provided information or evidence as to the rate of repayment of the capital secured and the interest payable on that mortgage at the effective date and that absent parent or parent with care has provided a statement from the lender, in respect of a period ending not more than 12 months prior to the first day of the relevant week, for the purposes of the calculation of exempt income under regulation 9 and protected income under regulation 11 —
a
if the amount of capital repaid for the period covered by that statement is shown on it, the rate of repayment of capital owing under that mortgage shall be calulated by reference to that amount; and
b
if the amount of capital owing and the interest rate applicable at the end of the period covered by that statement are shown on it, the interest payable on that mortgage shall be calculated by reference to that amount and that interest rate.
Amendment of regulation 19 of the Maintenance Assessments and Special Cases Regulations
23
After sub-paragraph (c) of paragraph (2) of regulation 19 of the Maintenance Assessments and Special Cases Regulations (both parents are absent), there shall be added the following sub-paragraph —
d
where the application is made in relation to one absent parent only, the amount of the maintenance requirement applicable in that case shall be one-half of the amount determined in accordance with paragraph 1(2) of Schedule 1 to the Act or, where regulation 23 applies (person caring for children of more than one absent parent), of the amount determined in accordance with paragraphs (2) to (3) of that regulation.
.
Amendment of Schedule 1 to the Maintenance Assessments and Special Cases Regulations
24
1
Schedule 1 to the Maintenance Assessments and Special Cases Regulations (calculation of N and M), shall be amended in accordance with the following provisions of this regulation.
2
For head (d) of paragraph 1(1) there shall be substituted the following head —
d
any payments made by the parent’s employer in respect of any expenses not wholly, exclusively and necessarily incurred in the performance of the duties of the employment, including any payment made by the parent’s employer in respect of —
i
travelling expenses incurred by that parent between his home and place of employment; and
ii
expenses incurred by that parent under arrangements made for the care of a member of his family owing to that parent’s absence from home;
.
3
In sub-paragraph (3)(a) of paragraph 7, before the words “weekly earnings” there shall be inserted the word “normal”.
4
After paragraph 14, there shall be inserted the following paragraph —
14A
1
Subject to sub-paragraph (2), the amount of any earnings top-up paid to or in respect of the absent parent or the parent with care.
2
Subject to sub-paragraphs (3) and (4), where earnings top-up is payable and the amount which is payable has been calculated by reference to the weekly earnings of either the absent parent and another person or the parent with care and another person —
a
if during the period which is used to calculate his earnings under paragraph 2 or, as the case may be, paragraph 5, the normal weekly earnings of that parent exceed those of the other person, the amount payable by way of earnings top-up shall be treated as the income of that parent;
b
if during that period, the normal weekly earnings of that parent equal those of the other person, half of the amount payable by way of earnings top-up shall be treated as the income of that parent;
c
if during that period, the normal weekly earnings of that parent are less than those of that other person, the amount payable by way of earnings top-up shall not be treated as the income of that parent.
3
Where any earnings top-up is in payment and, not later than the effective date, the person, or, if more than one, each of the persons by reference to whose engagement and normal engagement in remunerative work that payment has been calculated is no longer the partner of the person to whom that payment is made, the payment in question shall be treated as the income of the parent in question only where that parent is in receipt of it.
4
Where earnings top-up is in payment and, not later than the effective date, either or both of the persons by reference to whose engagement and normal engagement in remunerative work that payment has been calculated has ceased to be employed, half of the amount payable by way of earnings top-up shall be treated as the income of the parent in question.
5
In paragraph 15, after the words “Schedule” there shall be inserted the words “except payments or other amounts which are excluded from the definition of “earnings” by virtue of paragraph 1(2)”.
Transitional provisions
25
1
The provisions of regulation 33 of the Maintenance Assessment Procedure Regulations in force prior to 5th August 1996 shall continue to apply to any application made prior to that date.
2
The provisions of regulation 35 of the Maintenance Assessment Procedure Regulations in force prior to 7th October 1996 shall continue to apply to any case where the failure to comply referred to in paragraph (1) of that regulation arose prior to that date.
3
The provisions of regulation 36 of the Maintenance Assessment Procedure Regulations in force prior to 7th October 1996 shall continue to apply to a parent in respect of whom a reduced benefit direction was given prior to that date.
4
The provisions of regulation 47 of the Maintenance Assessment Procedure Regulations in force prior to 7th October 1996 shall continue to apply to any reduced benefit direction made prior to that date, and in relation to an earlier direction referred to in paragraph (4) of that regulation, which was in force prior to that date, whether or not the further direction referred to in that paragraph was made after that date.
5
The provisions of regulation 19 of the Maintenance Assessments and Special Cases Regulations in force prior to 7th October 1996 shall continue to apply to any application made prior to that date and those provisions, as amended by regulation 23, shall not apply to a maintenance assessment in force on that date until it is first reviewed after that date under section 16, 17 or 18 of the Act.
Signed by authority of the Secretary of State for Social Security.
A J B Mitchell
Parliamentary Under-Secretary of State,
Department of Social Security
23rd July 1996