text:
Commencement and citation
1
This Order may be cited as The A205 Trunk Road (Hounslow) Red Route Traffic Order 1996, and shall come into force on 21st September 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 articles 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 articles 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 articles 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 articles 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 articles 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 articles 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 Hounslow (Waiting and Loading Restriction) Order 1977 and The A205 Trunk Road (Hounslow) Red Route Experimental Traffic Order 1995 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
6th September 1996


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Isle of Wight Community Healthcare National Health Service Trust Dissolution Order 1996 and shall come into force on 1st April 1997.
Dissolution of NHS trust
2
The Isle of Wight Community Healthcare National Health Service Trust established by the Isle of Wight Community Healthcare National Service Trust (Establishment) Order 1992 is hereby dissolved, and accordingly that Order is hereby revoked.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State,Department of Health
29th October 1996


text:
1
These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) Regulations 1996 and shall come into force on 1st January 1997.
2
1
Regulation 70 of the Motor Vehicles (Driving Licences) Regulations 1996 shall be amended in accordance with paragraphs (2) and (3) below.
2
In paragraph (6) —
a
the word “and” after the definitions of “old category” and “class included in an old category” shall be omitted; and
b
after the definition of “new category”, there shall be inserted —
and “section 19 permit” means a permit granted under section 19 of the Transport Act 1985
.
3
In the table at the end of the regulation, for the entry beginning “D, limited to vehicles not driven for hire or reward” there shall be substituted —
“D, limited to vehicles not driven for hire or reward Vehicles in category D which are either driven while being used in accordance with a section 19 permit or, if not being so used, driven otherwise than for hire or reward”.
Signed by authority of the Secretary of State for Transport
John Bowis
Parliamentary Under Secretary of State,
Department of Transport
18th December 1996


text:
1
These Regulations may be cited as the Civil Aviation (Joint Financing) (Second Amendment) Regulations 1996 and shall come into force on 1st January 1997.
2
The Civil Aviation (Joint Financing) Regulations 1994 shall be amended as follows:
a
In regulation 4(1) for the sums £49.38, £14.00 and £35.38 there shall be substituted respectively the sums £59.25, £17.46 and £41.79;
b
In regulation 15(2) for the figure 17.436% there shall be substituted the figure 17.772%.
Signed by authority of the Secretary of State for Transport
Goschen
Parliamentary Under Secretary of State,
Department of Transport
27th November 1996
We consent to the making of these Regulations
Richard Ottaway
Bowen Wells
Two of the Lords Commissioners of Her Majesty’s Treasury
2nd December 1996


text:
Title and Commencement
1
This Order may be cited as the Council Tax Limitation (England) (Maximum Amounts) Order 1996 and shall come into force on the day after the day on which it is made.
Maximum Amounts
2
The amount which the amount calculated by an authority listed in the Schedule to this Order as its budget requirement for the financial year beginning in 1996 is not to exceed is the amount shown against the name of the authority in the Schedule, which amount does not in the case of any such authority exceed the amount already calculated by the authority as its budget requirement for that year.
John Gummer
Secretary of State for the Environment
22nd May 1996


text:
Citation and commencement
1
This Order may be cited as the South Devon Health Care National Health Service Trust (Establishment) Amendment Order 1996, and shall come into force on 7th April 1996.
Amendment of Establishment Order
2
In Article 3 of the South Devon Health Care National Health Service Trust (Establishment) Order 1990 (functions of the trust) —
a
in paragraph (1) for “section 5(1)(a)” there shall be substituted “section 5(1)(b)”;
b
for paragraph (2) there shall be substituted the following new paragraph: —
2
The trust’s functions shall be —
a
to provide and manage hospital accommodation and services at either or both of the following hospitals: —
i
Torbay District General Hospital, Lawes Bridge, Newton Road, Torquay, Devon TQ2 7AA;
ii
Dawlish Hospital, Barton Terrace, Dawlish, Devon;
and at any other hospital which is associated with either of those hospitals; and
b
to manage community health services from Torbay District General Hospital, Lawes Bridge, Newton Road, Torquay, Devon TQ2 7AA and to provide the associated premises.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State,
Department of Health
28th March 1996


text:
Citation and commencement
1
These Regulations may be cited as the Education (Disability Statements for Further Education Institutions) Regulations 1996 and shall come into force on 31st July 1996.
Information to be contained in disability statements
2
Information contained in a disability statement about the provision of facilities for education made by the institution in respect of disabled persons shall cover the following matters —
a
the policies of the institution relating to the provision of facilities for education;
b
the names of a member or members of the staff with special responsibility for disabled persons;
c
admission arrangements;
d
educational facilities and support including —
i
academic and curriculum support;
ii
relevant staff expertise;
iii
technology and equipment available;
e
arrangements for handling complaints and (where applicable) appeals in respect of any of the matters mentioned in paragraphs (c) and(d) above or (f) to (h) below;
f
additional support or special arrangements during examinations and assessments;
g
facilities and support associated with the matters mentioned in sub-paragraph (d) above including counselling and welfare arrangements;
h
physical access to educational and other facilities;
Intervals at which disability statements must be published
3
1
The interval between the first occasion on which a condition requiring the governing body to publish a disability statement is imposed (“the condition date”) and the date of publication shall be such that —
a
where the condition date is on or before 1st August 1996, the first disability statement is published by 1st December after the condition date, and
b
in any other case, the first disability statement is published by 1st October in the financial year following that in which the condition date fell.
2
The interval between the publication of subsequent disability statements shall be such that each statement is published by 1st October in the year following the year in which the previous statement was required to be published.
3
In this regulation “financial year” means the period of twelve months ending with 31st March in any year.
Henley,
Minister of State,
Department for Education and Employment
21st June 1996
William Hague
Secretary of State for Wales
24th June 1996


text:
1
The new highways which the Secretary of State proposes to construct —
a
along the route described in Schedule 1 to this Order (the highway along this route being in this Order referred to as “the main new trunk road”); and
b
along the routes described in Schedule 2 to this Order which connect the main new trunk road with other highways at the places stated in that Schedule (the highways along these routes being in this Order referred to as “the slip roads”),
shall become trunk roads as from the date when this Order comes into force.
2
The centre lines of the new trunk roads are indicated by heavy black lines on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of any of the new trunk roads that —
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purpose of through traffic.
4
The lengths of trunk road described in Schedule 3 to this Order, and shown by broad striped hatching on the deposited plan, shall cease to be trunk road and shall be classified as classified road as from the date on which the Secretary of State notifies the Isle of Anglesey County Council that the new trunk roads are open for through traffic.
5
In this Order —
All measurements of distance are measured along the route of the relevant highway;
i
“classified road” as a classification for a highway means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the deposited plan” means the site plans numbered 1 to 6 as contained in the plan folder numbered HA 10/2 WO 115 marked “The Chester-Holyhead Trunk Road (A55) (Llanfair Pwllgwyngyll to Bryngwran) Order 1996”, signed by authority of the Secretary of State and deposited at the Welsh Office Repository, Curran Embankment, Cardiff;
iii
“the main new trunk road” and “the slip roads” have the meanings given in article 1 of this Order;
iv
“the new trunk roads” means the highways mentioned in article 1 of this Order and “a new trunk road” means one of those highways;
v
“the trunk road” means the London–Holyhead Trunk Road (A5).
6
This Order shall come into force on 18th April 1996 and may be cited as the Chester–Holyhead Trunk Road (A55) (Llanfair Pwllgwyngyll to Bryngwran) Order 1996.
Signed by authority of the Secretary of State
P. R. Marsden
A Grade 6 Officer, Welsh Office
Dated the 1st April 1996


text:
Citation, commencement, interpretation and revocation
1
1
These Regulations may be cited as the Merchant Shipping (Distress Signals and Prevention of Collisions) Regulations 1996 and, subject to paragraph (2) below, shall come into force on 1st May 1996.
2
These Regulations shall not have effect in relation to a vessel until noon on 1st May 1996.
3
In these Regulations —
“the Hydrographer of the Navy ” means the person for the time being appointed to that office by the Admiralty Board;
“the International Regulations ” means the International Regulations for Preventing Collisions at Sea 1972 as amended by —
Resolutions A464( XII ), A626(15), A678(16) and A736(18) of the Organisation ; and
any further Resolutions of the Organisation which the Secretary of State notifies by Merchant Shipping Notice that he considers relevant from time to time;
“Merchant Shipping Notice” means a Notice described as such and issued by the Marine Safety Agency;
“mile” means a nautical mile of 1,852 metres;
“ Notice to Mariners ” means an Admiralty Notice to Mariners published by the Hydrographer of the Navy;
“the Organisation” means the International Maritime Organization.
4
The traffic separation schemes which are referred to in Rule 10(a) of the International Regulations are the schemes listed in Notice to Mariners No. 17 and marked “*” in the margin.
In this paragraph, “Notice to Mariners No. 17” means Notice to Mariners No. 17 in the Annual Summary of Admiralty Notices to Mariners of 1989 and any subsequent Notice to Mariners containing like material which the Hydrographer of the Navy considers relevant from time to time being a Notice to Mariners which —
replaces Admiralty Notice to Mariners No. 17, or
replaces any subsequent Notice to Mariners containing the like material:
and a reference to any such subsequent Notice to Mariners includes a reference to any Notice to Mariners amending the same which the Hydrographer of the Navy considers relevant from time to time.
5
In the International Regulations —
“date of entry into force of these Regulations” in Rule 38 (exemptions) means, in the case of a vessel registered outside the United Kingdom, the date of entry into force of the International Regulations for the State whose flag the vessel is entitled to fly;
“high speed craft” means a craft capable of maximum speed equal to or exceeding —
3.7 ∇ 0.1667 ( m / s )
where
∇ is the displacement corresponding to the design waterline (m 3 ).
6
The diagram mentioned in paragraph 7 of Annex 1 to the International Regulations is the diagram specified in the Chromaticity Chart (1975) published by the International Illumination Commission ( CIE ).
7
The reference to the International Code of Signals in paragraph 3 of Annex IV to the International Regulations is a reference to the International Code of Signals (1985) published by the Organisation, and the reference to the Merchant Ship Search and Rescue Manual in that paragraph is a reference to the manual of that name published in 1986 by the Organisation; and such references include reference to any document amending either of those publications which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice.
8
The following instruments are revoked, namely —
a
the Merchant Shipping (Distress Signals and Prevention of Collisions) Regulations 1983 ;
b
the Merchant Shipping (Distress Signals and Prevention of Collisions) Regulations 1989 ;
c
the Merchant Shipping (Distress Signals and Prevention of Collisions) (Amendment) Regulations 1991 ;
d
the Merchant Shipping (Signals of Distress) Rules 1992 ;
e
the Collision Regulations (Seaplanes) Order 1989 ;
f
the Collision Regulations (Seaplanes) (Amendment) Order 1990 ;
g
the Collision Regulations (Seaplanes) (Amendment) Order 1991 .
Application
2
1
These Regulations apply to the following vessels —
a
United Kingdom ships wherever they may be, and other ships while within the United Kingdom or the territorial waters thereof; and
b
seaplanes registered in the United Kingdom and on the surface of water anywhere, and other seaplanes on the surface of water in the United Kingdom or the territorial waters thereof.
2
In this regulation “ships” include hovercraft.
Signals of distress
3
1
The signals of distress which shall be used by vessels to which regulation 2(1)(a) of these Regulations apply are those set out in Annex IV to the International Regulations.
2
No signal of distress shall be used by any vessel unless the master of the vessel so orders.
3
The master shall not order any signal of distress to be used by his vessel unless he is satisfied —
a
that his vessel is in serious and imminent danger, or that another ship or an aircraft or person is in serious and imminent danger and cannot send that signal; and
b
that the vessel in danger (whether his own vessel or another vessel) or the aircraft or person in danger, as the case may be, requires immediate assistance in addition to any assistance then available.
4
The master of a vessel which has sent any signal of distress by means of radio or other means shall cause that signal to be revoked by all appropriate means as soon as he is satisfied that the vessel or aircraft to which or the person to whom the signal relates is no longer in need of assistance as aforesaid.
Prevention of collision
4
1
Subject to paragraph (2) below, vessels to which these Regulations apply shall comply with the provisions of Rules 1 to 36 of and Annexes I to III to the International Regulations.
2
Nothing in these Regulations shall be taken to require compliance by any vessel or class of vessels, which by virtue of Rule 38 of the International Regulations may be exempted from compliance therewith, with any of the provisions of the said Regulations specified in paragraphs (a) to (h) inclusive of that Rule, at any time when, by virtue of that Rule, that vessel or class of vessels may be exempted from that provision.
Exemptions
5
The Secretary of State may exempt any ship or description of ships from all or any of the provisions of these Regulations which relate to the number, position, range or arc of visibility of lights or shapes, as well as to the disposition and characteristics of sound-signalling appliances if he is satisfied that compliance with such provision is either impractical or unreasonable in the case of that ship or description of ships in such terms (if any) as he may specify and may, subject to giving reasonable notice, alter or cancel any such exemption.
Penalties
6
1
Where any of these Regulations is contravened, the owner of the vessel, the master and any person for the time being responsible for the conduct of the vessel shall each be guilty of an offence, punishable on conviction on indictment by imprisonment for a term not exceeding two years and a fine, or on summary conviction:
a
in the case of any infringement of Rule 10(b)(i) (duty to proceed with traffic flow in lanes of separation schemes) of the International Regulations (being an offence corresponding to an offence under section 419(2) of the Merchant Shipping Act 1894 ) by a fine not exceeding £50,000; and
b
in any other case by a fine not exceeding the statutory maximum.
2
It shall be a defence for any person charged under these Regulations to show that he took all reasonable precautions to avoid the commission of the offence.
Power to detain
7
In any case where a ship does not comply with the requirements of these Regulations, the ship shall be liable to be detained and section 284 of the Merchant Shipping Act 1995 (which relates to the detention of a ship) shall have effect in relation to the ship, subject to the modification that as if for the words “this Act” wherever they appear, there were substituted “the Merchant Shipping (Distress Signals and Prevention of Collisions) Regulations 1996”.
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under-Secretary of State,
Department of Transport
16th January 1996


text:
Citation and interpretation
1
1
This Order may be cited as the Housing Act 1996 (Commencement No. 1) Order 1996.
2
In this Order “ the Act ” means the Housing Act 1996.
Commencement
2
1
The following provisions of the Act shall come into force on 1st August 1996 —
section 2(7) and (8),
section 5,
section 7 in so far as it relates to paragraphs 3(1) and (2) and 16(1) and (2) of Schedule 1,
section 9(3),
section 17,
section 28(4),
section 36(1) to (6),
section 51 in so far as it relates to paragraphs 2 to 6, 10 and 11(1), (3) and (4) of Schedule 2, subject to the limitation in paragraph (2) of this article,
sections 52 to 54,
section 55(1) in so far as it relates to paragraphs 6 and 9 of Schedule 3,
section 55(2) and (3),
sections 56 to 64.
2
Section 51 and the provisions of Schedule 2 specified in paragraph (1) of this article shall not come into force in relation to any complaint against any social landlord which is or at any time was registered with Housing for Wales.
3
So much of the following provisions of the Act as confer on the Secretary of State, the Housing Corporation or Housing for Wales a power to consult, to make determinations, to give consents and to delegate functions shall come into force on 1st August 1996 —
section 3(2),
section 7 in so far as it relates to paragraphs 2(2)(f) and 27(4) of Schedule 1,
section 24,
section 29,
4
Section 55(1) of the Act in so far as it relates to paragraph 7 of Schedule 3 to the Act shall come into force on 1st August 1996 for the purposes of enabling a determination to be made under subsection (3) of section 87 of the Housing Associations Act 1985 with respect to financial assistance under that section as amended by the Act.
John Selwyn Gummer
One of Her Majesty’s Principal Secretaries of State
30th July 1996


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Industrial Injuries and Diseases) (Miscellaneous Amendments) Regulations 1996 and shall come into force on 24th March 1996.
Amendment of the Social Security (Adjudication) Regulations 1995
2
1
The Social Security (Adjudication) Regulations 1995 shall be amended in accordance with the following provisions of this regulation.
2
The heading to regulation 59 (review of decisions involving payment or increase of benefit other than industrial injuries benefit, disability working allowance, income support or family credit) shall be amended by inserting after “industrial injuries benefit” the words “except reduced earnings allowance”.
3
In regulation 59(1) —
a
after the words “industrial injuries benefit” there shall be inserted the words “except reduced earnings allowance”;
b
at the end there shall be added the following sub-paragraph —
f
in the case of reduced earnings allowance, the date 12 months before the date of the application for the review.
.
4
The heading to regulation 60 (review of decisions involving payment or increase of industrial injuries benefit) shall be amended by the addition at the end of the words “except reduced earnings allowance”.
5
In regulation 60(1) after the words “industrial injuries benefit” there shall be inserted the words “except reduced earnings allowance”.
Amendment of the Social Security (Claims and Payments) Regulations 1987
3
In regulation 19 of the Social Security (Claims and Payments) Regulations 1987 (time for claiming benefit) —
a
in paragraph (2) for the words “paragraph (4)” there shall be substituted the words “paragraphs (4) and (4A)”;
b
after paragraph (4) there shall be inserted the following paragraph —
4A
For the purpose only of determining the date from which benefit is to be payable, the prescribed time for claiming reduced earnings allowance shall not be extended so as to give entitlement to benefit for any period earlier than 12 months before the date on which the claim was made.
.
Amendment of the Social Security (General Benefit) Regulations 1982
4
In regulation 2 of the Social Security (General Benefit) Regulations 1982 (exceptions from disqualification for imprisonment etc. ) —
a
in paragraph (2) for the words “reduced earnings allowance” there shall be substituted the words “reduced earnings allowance, retirement allowance”;
b
for paragraph (6) there shall be substituted the following paragraph —
6
Subject to paragraph (7), the said provisions shall not operate to disqualify a person for receiving disablement benefit, other than any increase of that benefit, for any period during which he is undergoing imprisonment or detention in legal custody.
.
Amendment of the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985
5
1
The Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985 shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1) of regulation 4 (presumption that a disease is due to the nature of employment) “D4,” shall be omitted.
3
Part I of Schedule 1 shall be amended in accordance with the provisions of the following paragraphs of this regulation.
4
In column 2, in the entry relating to prescribed disease A10 (occupational deafness), in paragraph (a) the words “in the metal producing industry” shall be omitted.
5
For the entry relating to prescribed disease A12 (carpal tunnel syndrome) there shall be substituted the following entry —
A12. Carpal tunnel syndrome. The use of hand-held powered tools whose internal parts vibrate so as to transmit that vibration to the hand, but excluding those which are solely powered by hand.
.
6
After the entry relating to prescribed disease C29 (peripheral neuropathy due to exposure to n-hexane or methyl n-butyl ketone) there shall be inserted the following entry —
C30. Chrome dermatitis, or ulceration of the mucous membranes or the epidermis, resulting from exposure to chromic acid, chromates or bi-chromates. The use or handling of, or exposure to, chromic acid, chromates or bi-chromates.
.
7
For the entry relating to prescribed disease D4 (inflammation or ulceration of the mucous membrane of the upper respiratory passages or mouth produced by dust, liquid or vapour) there shall be substituted the following entry —
D4. Allergic rhinitis which is due to exposure to any of the following agents — Exposure to any of the agents set out in column 1 of this paragraph.
a
isocyanates;
b
platinum salts;
c
fumes or dusts arising from the manufacture, transport or use of hardening agents (including epoxy resin curing agents) based on phthalic anhydride, tetrachlorophthalic anhydride, trimellitic anhydride or triethylenetetramine;
d
fumes arising from the use of rosin as a soldering flux;
e
proteolytic enzymes;
f
animals including insects and other arthropods used for the purposes of research or education or in laboratories;
g
dusts arising from the sowing, cultivation, harvesting, drying, handling, milling, transport or storage of barley, oats, rye, wheat or maize, or the handling, milling, transport or storage of meal or flour made therefrom;
h
antibiotics;
i
cimetidine;
j
wood dust;
k
ispaghula;
l
castor bean dust;
m
ipecacuanha;
n
azodicarbonamide;
o
animals including insects and other arthropods or their larval forms, used for the purposes of pest control or fruit cultivation, or the larval forms of animals used for the purposes of research or education or in laboratories;
p
glutaraldehyde;
q
persulphate salts or henna;
r
crustaceans or fish or products arising from these in the food processing industry;
s
reactive dyes;
t
soya bean;
u
tea dust;
v
green coffee bean dust;
w
fumes from stainless steel welding.
8
In the entry relating to prescribed disease D5 (non-infective dermatitis of external origin), in column 1 the words “including chrome ulceration of the skin but” shall be omitted, and in column 2 after the words “external agent” there shall be inserted the words “except chromic acid, chromates or bi-chromates,”.
Amendment of the Social Security (Industrial Injuries) (Regular Employment) Regulations 1990
6
1
The Social Security (Industrial Injuries) (Regular Employment) Regulations 1990 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 1 (citation, commencement and interpretation) paragraph (2) shall be omitted.
3
For regulation 2 (meaning of “regular employment”) there shall be substituted the following regulations —
Meaning of “regular employment”
2
For the purposes of paragraph 13 of Schedule 7 to the Social Security Contributions and Benefits Act 1992, “regular employment” means gainful employment —
a
under a contract of service which requires a person to work for an average of 10 hours or more per week in any period of five consecutive weeks, there being disregarded for this purpose any week when the contract subsists during which he is absent from that employment in circumstances where such absence is permitted under the contract (for example in the case of sickness or taking leave); or
b
which a person undertakes for an average of 10 hours or more per week in any period of five consecutive weeks.
Circumstances in which a person over pensionable age is to be regarded as having given up regular employment
3
Unless he is entitled to reduced earnings allowance for life by virtue of paragraph 12(1) of Schedule 7 to the Social Security Contributions and Benefits Act 1992, a person who has attained pensionable age shall be regarded as having given up regular employment at the start of the first week in which he is not in regular employment after the later of —
a
the week during which this regulation comes into force; or
b
the week during which he attains pensionable age.
.
Transitional provisions
7
1
The amendments made by regulation 5 of these Regulations (“the relevant amendments”) to the terms in which each of the prescribed diseases A12, D4 and D5 (“the relevant disease”) is prescribed shall not apply in the cases specified in the following provisions of this regulation, and in this regulation “commencement date” means the date on which these Regulations come into force.
2
The relevant amendments shall not apply in the case of a person —
a
who had an assessment of disablement in respect of the relevant disease for a period which includes commencement date; or
b
in respect of whom a decision in relation to a relevant disease on a claim for disablement benefit made before commencement date is reviewed on or after that date under section 47 of the Social Security Administration Act 1992 (reviews of medical decisions) which results in an assessment for a period which includes commencement date;
during any period when there is in respect of him a continuous assessment of disablement in respect of that disease which began before commencement date, and for this purpose two or more assessments one of which begins on the day following the end of a preceding assessment shall be treated as continuous.
3
The relevant amendments shall not apply in the case of a person who makes a claim for disablement benefit in respect of the relevant disease before commencement date which results in an assessment of disablement, where the date of onset of that disease is earlier than commencement date, during any period when there is in respect of him a continuous assessment of disablement in respect of that disease which began not later than 91 days (excluding Sundays) after commencement date, and for this purpose two or more assessments one of which begins on the day following the end of a preceding assessment shall be treated as continuous.
4
The relevant amendments shall not apply in the case of a person —
a
who had an assessment of disablement in respect of the relevant disease for a period which ended before commencement date;
b
who suffers a further attack of that relevant disease before commencement date;
c
who makes a claim for disablement benefit in respect of that disease after commencement date; and
d
in respect of whom it is decided, under regulation 7 of the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985 (recrudescence) that the further attack is a recrudescence of that disease.
Signed by authority of the Secretary of State for Social Security.
Roger Evans
Parliamentary Under-Secretary of State,
Department of Social Security
26th February 1996


text:
Citation and commencement
1
These Regulations may be cited as the Merchant Shipping (Survey and Certification) (Amendment) Regulations 1996 and shall come into force on 31st October 1996.
Amendment of Regulations
2
1
The Merchant Shipping (Survey and Certification) Regulations 1995 shall be amended as follows.
2
In regulation 1(2) —
a
in the definition of “appropriate Certifying Authority” for sub-paragraph (c) there shall be substituted:
c
in relation to radio installations of cargo ships, any person authorised by the Secretary of State;
;
b
the words “‘‘British Telecom’’ means British Telecommunications plc;” shall be omitted;
c
the following definition shall be added:
“initial survey” means a survey required by these Regulations before the ship is put in service;
;
d
in the definition of “radio installations” the word “or” shall be inserted after the words “on board a ship”;
e
in the definition of “relevant regulations” for “M Notice” there shall be substituted the words “Merchant Shipping Notice”.
3
In regulation 1(10)(a) —
a
the words “regulations 71 to 74” and “both regulations numbered” shall be omitted;
b
for “76” there shall be substituted “77”.
4
In regulations 3 and 6 for the words “British Telecom” on each occasion on which they occur there shall be substituted the words “an appropriate Certifying Authority in relation to radio installations for cargo ships”.
5
In regulation 11(b), the word “appropriate” shall be deleted.
6
In regulation 13 —
a
at the beginning of paragraph (1)(b) there shall be added the words “Subject to paragraph (1A)”;
b
after paragraph (1) there shall be inserted the following paragraph:
1A
If a survey to meet the requirements set out in these Regulations is satisfactorily completed within two months before the end of the period for which the Cargo Ship Safety Radio Certificate, issued in respect of a cargo ship of less than 500 tons, was originally issued, that certificate may be withdrawn, and a new certificate may be issued which shall expire 12 months after the end of the said period.
.
7
In regulation 15, in paragraphs (1) and (2) after the words “regulation 10(1)(a) or (b)” there shall be inserted the words “, other than one issued under regulation 10(b)(iii),”.
8
In regulation 15(4)(d), for the word “Administration” there shall be substituted the word “Government”.
9
In regulation 21 —
a
in sub-paragraph (1)(c) after the word “Certificate” there shall be inserted the words “and a Cargo Ship Safety Construction Certificate”;
b
sub-paragraph (1)(d) shall be omitted;
c
in paragraph (4) the word “either” and the words “has been surveyed for compliance with the relevant regulations applicable to the ships as though it was a United Kingdom ship or it” shall be deleted.
Signed by authority of the Secretary of State for Transport
Goschen
Parliamentary Under Secretary of State,
Department of Transport
16th September 1996


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Patents (Supplementary Protection Certificate for Plant Protection Products) Regulations 1996 and shall come into force for the purposes of regulations 1, 2 and 4(2) on 2nd January 1997 and for all other purposes on 8th February 1997.
2
These Regulations extend to Great Britain and Northern Ireland.
Definitions
2
In these Regulations —
“the 1977 Act ” means the Patents Act 1977 ;
“certificate” has the meaning assigned to it by Article 1(10) of the EC Regulation ;
“the court” has the same meaning as it has in the 1977 Act; and
“the EC Regulation” means Regulation ( EC ) No. 1610/96 of the European Parliament and the Council of 23rd July 1996 concerning the creation of a supplementary protection certificate for plant protection products and any reference in these Regulations to an article followed by a number is a reference to the article so numbered in the EC Regulation.
Competent industrial property office (Article 9(1))
3
The competent industrial property office for the purpose of lodging an application for a certificate in the United Kingdom shall be the Patent Office.
Extension of powers under the Patents Act 1977
4
1
For the purposes of section 123(1) of the Patents Act 1977 matters relating to certificates and applications for certificates shall be the business of the Patent Office and, accordingly, shall be under the direction and control of the Comptroller-General of Patents, Designs and Trade Marks.
2
The power of the Secretary of State to make rules under section 123 of the 1977 Act shall include power to make rules regulating the business of the Patent Office and matters relating to certificates and applications for certificates and subsections (2) to (7) of section 123 and section 124 shall apply accordingly.
Extension of existing provisions of the Patents Act 1977 and the Patents Act 1949 to certificates (Articles 5, 17 and 18)
5
Subject to any rules made by the Secretary of State under section 123 of the 1977 Act relating to certificates, applications for certificates or matters relating to the same, the provisions of that Act and, where they continue to apply, the provisions of the Patents Act 1949 , and any rules made thereunder in respect of patents, applications for patents, existing patents or existing applications shall, in accordance with the provisions of Articles 5, 17 and 18 of the EC Regulation, extend and apply to, and be taken to make, as appropriate and with the necessary changes, corresponding provision, including corresponding provision relating to fees, forms and to the jurisdiction of and proceedings before the comptroller and the court, for certificates, applications for certificates and matters relating thereto, as they apply to, and make provision for, patents and applications for patents and matters relating thereto.
Ian Taylor,
Parliamentary Under-Secretary of State for Science and Technology,
Department of Trade and Industry
11th December 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Dorset Health Authority (Transfers of Trust Property) Order 1996 and shall come into force on 25th November 1996.
2
In this Order —
“the Authority” means Dorset Health Authority;
“the trust property” means the property held by the Authority, known as the Former South and West Regional Health Authority Trust Fund which was transferred to the Authority on 1st April 1996 by article 2(7)(b) of the Regional Health Authorities (Transfer of Trust Property) Order 1996 .
Transfer of trust property
2
On 25th November 1996 there shall be transferred from the Authority to each of the bodies specified in column (1) of the Schedule to this Order such proportion of the trust property as is specified in column (2) of that Schedule in relation to that body.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State,
Department of Health
28th October 1996


text:
Citation and Commencement
1
1
This Order may be cited as the Gas Act 1995 (Transitional Provisions and Savings) ( No. 1) Order 1996 and shall come into force on 1st March 1996.
2
In this Order —
“the 1986 Act ” means the Gas Act 1986;
“the 1995 Act ” means the Gas Act 1995;
“the appointed day” means the day appointed under section 18(2) of the 1995 Act;
“the 1949 Regulations ” means the Gas (Testing) Regulations 1949 ;
“the 1983 Regulations ” means the Gas Quality Regulations 1983 .
3
Unless the context otherwise requires, other expressions appearing in this Order shall have the same meaning, if any, as they have in Part I of the 1986 Act or the 1995 Act.
4
The transitional provisions and savings contained in this Order are without prejudice to sections 16 and 17 of the Interpretation Act 1978 (effect of repeals).
Provision in respect of the 1983 Regulations
2
1
The 1983 Regulations shall have effect on and after the appointed day, with the modifications made by articles 3 to 9 below, as if they had been made by the Director under section 16 of the 1986 Act and as if any reference in them to the Secretary of State were a reference to the Director.
2
In articles 3 to 9 below, any reference to a regulation is a reference to a regulation of the 1983 Regulations.
3
In regulation 2 —
a
there shall be inserted at the appropriate places the following definitions —
“the Director” means the Director General of Gas Supply
; and
“public gas transporter” has the meaning given by section 7(1) of the Gas Act 1986
; and
b
at the end there shall be inserted the following paragraphs —
2
Any reference in these Regulations to the conveyance of gas through pipes to premises shall be construed in accordance with section 5(5) of the Gas Act 1986 ;
3
Any reference in these Regulations to the supply of gas shall be construed in accordance with section 48(2) of the Gas Act 1986.
4
The references in regulations 3, 4 and 5 to the supply of gas by any person shall have effect as if they were references to —
i
the conveyance of gas to premises by public gas transporters; and
ii
the supply to premises of gas which is conveyed through pipes to the premises otherwise than by a public gas transporter or in accordance with paragraph 1 of Schedule 2A to the 1986 Act.
5
Regulation 6 shall cease to have effect.
6
For regulation 7 there shall be substituted the following regulation —
7
Any public gas transporter, and any person who supplies to premises gas which is conveyed through pipes to the premises otherwise than by a public gas transporter or in accordance with paragraph 1 of Schedule 2A to the Gas Act 1986, shall furnish to the Director any information which he may require as necessary or expedient for the purpose of section 16 of that Act.
7
For regulation 9 there shall be substituted the following regulation —
9
Subject to regulation 10 below, if any person contravenes or fails to comply with any provision of regulations 3 to 5 and 7 above or regulations 1(2) and 2 of the Gas (Testing) Regulations 1949 he shall be guilty of an offence and liable on summary conviction to a fine not exceeding £1,000.
8
In regulation 10, for “section 29B” there shall be substituted “section 16”.
9
For regulation 11 there shall be substituted the following regulation —
11
The Director may exempt any person from any provision of regulations 3 to 5 above in the case of —
i
the conveyance of gas to any premises for industrial purposes; and
ii
the supply to premises for such purposes of gas which is conveyed through pipes to the premises otherwise than by a public gas transporter or in accordance with paragraph 1 of Schedule 2A to the 1986 Act,
where the gas is conveyed to the premises through a main which is not used for the conveyance of gas to other premises for other purposes.
Provision in respect of the 1949 Regulations
10
1
The 1949 Regulations shall have effect on and after the appointed day, with the modifications made by articles 11 to 15 below, as if they had been made by the Director and as if references in them to the Secretary of State were references to the Director.
2
In articles 11 to 15 below, a reference to a regulation is a reference to a regulation of the 1949 Regulations.
11
In regulations 1 and 2, the references to gas supplied by any person supplying gas through pipes shall have effect as if they were references to —
i
gas conveyed to premises by a public gas transporter, or
ii
gas supplied to premises by any person which is conveyed through pipes to the premises otherwise than by a public gas transporter or in accordance with paragraph 1 of Schedule 2A to the 1986 Act,
as the case may be, and references in those regulations and regulation 4 to any person supplying gas through pipes shall be construed accordingly.
12
Regulations 1(3), 3 and 3A shall cease to have effect.
13
In regulation 2, the words “where the testing place is situated elsewhere than at the gas-works” shall be omitted.
14
In regulation 4, for the words from “any other officer” to “on any premises” there shall be substituted the words “any other member of the Director’s staff may enter on any premises”.
15
In regulation 5 —
a
there shall be inserted at the appropriate places the following definitions —
“the Director” means the Director General of Gas Supply
; and
“public gas transporter” has the meaning given by section 7(1) of the Gas Act 1986
; and
b
after paragraph (1) there shall be inserted the following paragraphs —
1A
Any reference in these Regulations to the conveyance of gas through pipes to premises shall be construed in accordance with section 5(5) of the Gas Act 1986.
1B
Any such reference to the supply of gas shall be construed in accordance with section 48(2) of that Act.
Other transitional provisions and savings relating to section 16 of the 1986 Act
Appointments under section 16(3) of the 1986 Act
16
Any appointment made, or having effect as if made , by the Secretary of State under section 16(3) of the 1986 Act which is in force immediately before the appointed day shall on and after that day have effect, so far as it relates to the carrying out of tests of gas for the purpose of ascertaining whether it conforms with the standards prescribed by the 1983 Regulations (other than those relating to uniformity of calorific value), as if it had been made by the Director under the said section 16(3).
Exemptions from the 1983 Regulations
17
Any exemption from any provision of regulations 3 to 5 of the 1983 Regulations which has been granted by the Secretary of State under regulation 11 of the 1983 Regulations and is in force immediately before the appointed day in respect of the supply of gas to any premises shall have effect on and after that day as if it had been granted by the Director in respect of the conveyance or, as the case may be, supply, of gas to those premises.
Directions under the 1949 Regulations
18
Any directions given under regulation 1(1) and (2) of the 1949 Regulations to any public gas supplier which are in force immediately before the appointed day shall have effect on and after that day, so far as they relate to the carrying out of tests of gas for the purpose of ascertaining whether it conforms with the standards prescribed by the 1983 Regulations (other than those relating to uniformity of calorific value), as if they had been given by the Director to the public gas supplier’s transport successor within the meaning of Part II of Schedule 5 to the 1995 Act .
Tim Eggar
Minister for Industry and Energy,
Department of Trade and Industry
5th February 1996


text:
Citation and commencement
1
These Regulations may be cited as the Water Supply and Sewerage Services (Customer Service Standards) (Amendment) Regulations 1996 and shall come into force on 1st January 1997.
Amendment of the Water Supply and Sewerage Services (Customer Service Standards) Regulations 1989
2
1
The Water Supply and Sewerage Services (Customer Service Standards) Regulations 1989 shall be amended as follows.
2
After regulation 7 there shall be inserted the following regulation —
Pressure standard
7AA
1
The water undertaker shall maintain a minimum pressure of water in a communication pipe serving premises supplied with water of seven metres static head.
2
Where in any period of 28 days the pressure in a communication pipe falls below seven metres static head on two occasions each lasting not less than one hour, the undertaker shall, except in the circumstances described in paragraph (3), pay to the customer (or credit to his account) the sum of £25.
3
The circumstances described in this paragraph are —
a
that a payment under this regulation has already been made to the customer in respect of the same financial year;
b
that the customer has not made a written claim for a payment under this regulation within three months from the date of the later of the two occasions on which the pressure fell below seven metres static head; or
c
that industrial action by the employees of the undertaker or the act or default of a person other than an officer, employee or agent of the undertaker or a person acting on behalf of its agent made it impracticable to maintain the minimum pressure referred to in paragraph (1).
4
This regulation does not apply where the pressure falls below the minimum pressure referred to in paragraph (1) in connection with the carrying out of necessary works or because of drought.
5
In this regulation, “communication pipe” means —
a
where the premises supplied with water abut on the part of the street in which the undertaker’s water main is laid, and the service pipe —
i
enters those premises otherwise than through the outer wall of a building abutting on the street; and
ii
has a stopcock placed in those premises and as near to the boundary of that street as is reasonably practical,
so much of the service pipe as lies between the water main and that stopcock;
b
in any other case, so much of the service pipe as lies between the water main and the boundary of the street in which the water main is laid.
Signed by authority of the Secretary of State for the Environment
Robert Jones
Minister of State,
Department of the Environment
2nd December 1996
Signed by authority of the Secretary of State for Wales
Jonathan Evans
Parliamentary Under Secretary of State,
Welsh Office
3rd December 1996


text:
1
1
This Order may be cited as the Northern Ireland Elections (Returning Officer’s Charges) Order 1996 and shall come into force on the day after it is made.
2
This Order extends to Northern Ireland only.
2
1
For the purposes of paragraph (a) of section 29(3) of the Representation of the People Act 1983, as applied by article 3 of, and Schedule 1 to, the Elections (Northern Ireland) Order 1996, (which provides that a returning officer is entitled to recover his charges in respect of services properly rendered or expenses properly incurred for or in connection with an election under the Northern Ireland (Entry to Negotiations, etc. ) Act 1996 if the services or expenses are of a kind specified in an order made under that provision and the charges are reasonable), expenses of a kind described in paragraphs 1(1), 2(1), 3(1) and 4(1) of Part A of the Schedule to this Order (hereafter referred to as “expenses specified in Part A of the Schedule”) and expenses of a kind described in Part B of the Schedule to this Order are hereby specified.
2
The maximum recoverable amounts at a contested election in respect of the expenses specified in Part A of the Schedule are hereby specified as the amounts set out in the right-hand column of that Part in respect of each entry set out opposite thereto in the left-hand column of that Part.
3
The maximum recoverable amount at an uncontested election is here specified as £853.19 in respect of the expenses specified in Part A of the Schedule.
4
In the Schedule to this Order —
a
“election” means an election under the Northern Ireland (Entry to Negotiations, etc.) Act 1996; and
b
any reference to the register of electors is to the register of electors used at the election at which the expenses were incurred and to that register as first published.
P. B. B. Mayhew
One of Her Majesty’s Principal Secretaries of State
Northern Ireland Office
23rd May 1996


text:
1
This Order may be cited as the Firearms (Amendment) Act 1988 (Firearms Consultative Committee) Order 1996.
2
The Firearms Consultative Committee shall, following the expiry of the period of its existence specified in article 2 of the Firearms (Amendment) Act 1988 (Firearms Consultative Committee) Order 1993 , continue to exist for a period of three years beginning on 1st February 1997.
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Home Office
27th December 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Manchester Children’s Hospitals National Health Service Trust (Transfer of Trust Property) Order 1996 and shall come into force on 29th August 1996.
2
In this Order —
“the Authority” means the Salford and Trafford Health Authority established on 1st April 1996 ;
“the old Authority” means the Salford and Trafford Health Authority established on 1st April 1994 and abolished on 1st April 1996 ;
“the Trust” means the Manchester Children’s Hospitals National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the old Authority and the Trust on 6th February 1996, which schedule has been signed on behalf of both the old Authority and the Trust.
Transfer of trust property
2
On 29th August 1996 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State,
Department of Health
2nd August 1996


text:
Title, commencement and extent
1
1
These Regulations may be cited as the EC Competition Law (Articles 88 and 89) Enforcement Regulations 1996 and shall come into force on the day after the day on which they are laid before Parliament.
2
These Regulations extend to Northern Ireland.
Interpretation
2
1
In these Regulations —
“the 1973 Act ” means the Fair Trading Act 1973;
“ Commission ” means the Commission of the European Communities;
“ the Director ” means the Director General of Fair Trading;
“the MMC ” means the Monopolies and Mergers Commission;
“practice” means any form of conduct or any other matter which may constitute an abuse of a dominant position;
“qualifying undertaking” means an undertaking which is —
in the case of an individual, a citizen of the United Kingdom and Colonies, or
a body corporate incorporated under the law of the United Kingdom, or of a part of the United Kingdom, or
a person carrying on business in the United Kingdom, either alone or in partnership with one or more other persons.
2
References in these Regulations to Articles are (except where the contrary intention appears) references to Articles of the treaty establishing the European Community.
3
Except in the case of the word “undertaking” in regulations 14, 20, 22 and 24, expressions used in these Regulations and in Article 85, 86, 88 or 89 shall have the meaning they bear in the treaty establishing the European Community.
4
Any provision of these Regulations which is expressed to apply to, or in relation to, an agreement is to be read as applying equally to, or in relation to, a decision by an association of undertakings or a concerted practice (but with any necessary modifications).
Preliminary investigation by the Director
3
1
If it appears to the Secretary of State that the United Kingdom might have a duty under Article 88 to rule on the question —
a
whether or not there is or has been in existence an agreement prohibited by Article 85 to which a qualifying undertaking is a party, or
b
whether or not the carrying on of a practice by a qualifying undertaking constitutes an infringement of Article 86,
he may ask the Director to carry out an investigation (a “preliminary investigation”) and to advise the Secretary of State of the outcome.
2
In carrying out a preliminary investigation, the Director shall take into account all representations made to him by persons appearing to him to have a substantial interest in the subject matter of the investigation.
Action by the Secretary of State on an agreement
4
1
This paragraph applies where, following a preliminary investigation by the Director of an agreement, it appears to the Secretary of State —
a
that there is or has been in existence an agreement, to which at least one of the parties is or was a qualifying undertaking, and
b
that the United Kingdom has a duty under Article 88 to rule on the question whether or not the agreement is prohibited by Article 85.
2
Where paragraph (1) applies, the Secretary of State may, if it appears to him that the agreement does not or did not fall within Article 85(1), decide to certify that, on the basis of the facts in his possession, there are no grounds for action on his part in respect of the agreement.
3
Where paragraph (1) applies, the Secretary of State may, if it appears to him that the agreement falls within Article 85(1) or did so fall, but that the conditions for application of Article 85(3) are met or were met in respect of the agreement, declare the provisions of Article 85(1) inapplicable to the agreement.
4
Where paragraph (1) applies and the Secretary of State has not made a decision under paragraph (2) or a declaration under paragraph (3), he may refer the agreement to the MMC for investigation and report.
5
Where, following a preliminary investigation by the Director, it appears to the Secretary of State that there may be, or may have been, in existence an agreement to which at least one of the parties is or was a qualifying undertaking, and that, if so, the United Kingdom would have a duty to rule on the agreement under Article 88, the Secretary of State may refer the suspected agreement to the MMC for investigation and report.
Action by the Secretary of State on a practice
5
1
This paragraph applies where, following a preliminary investigation by the Director of a practice, it appears to the Secretary of State that —
a
a practice is being, or has been, carried on by a qualifying undertaking, and
b
the United Kingdom has a duty under Article 88 to rule on the question whether or not the practice infringes Article 86.
2
Where paragraph (1) applies, the Secretary of State may, if it appears to him that the practice does not infringe Article 86, decide to certify that, on the basis of the facts in his possession, there are no grounds for action on his part in respect of the practice.
3
Where paragraph (1) applies and it appears to the Secretary of State that the practice may infringe Article 86, the Secretary of State may refer the practice to the MMC for investigation and report.
4
Where, following a preliminary investigation by the Director, it appears to the Secretary of State that a practice may be being or may have been carried on by a qualifying undertaking, and that, if so, the United Kingdom would have a duty to rule on the practice under Article 88, the Secretary of State may refer the suspected practice to the MMC for investigation and report.
Publication of decisions by Secretary of State
6
1
Subject to paragraphs (3) and (4) below, the Secretary of State shall publish any decision to certify taken by him under regulation 4(2) or 5(2) and any declaration made by him under regulation 4(3) together with such an account of his reasons for making the decision or declaration as in his opinion is expedient for facilitating an understanding of his decision or of his declaration.
2
Any publication of a decision or declaration under paragraph (1) shall be in such manner as appears to the Secretary of State to be appropriate.
3
If it appears to the Secretary of State that it would be against the public interest to publish a particular matter which he would otherwise include in an account of his reasons required to be published under paragraph (1), the Secretary of State shall exclude that matter from the account before publishing it.
4
Without prejudice to paragraph (3), if the Secretary of State considers that it would not be in the public interest to disclose any matter which he would otherwise include in an account of his reasons required to be published under paragraph (1),
a
relating to the private affairs of an individual whose interests would, in the opinion of the Secretary of State, be seriously and prejudicially affected by the publication of that matter, or
b
relating specifically to the affairs of a particular person whose interests would, in the opinion of the Secretary of State, be seriously and prejudicially affected by the publication of that matter,
the Secretary of State shall exclude that matter from the account before publishing it.
Variation of reference
7
The Secretary of State may at any time vary a reference made by him under these Regulations.
Publication of references
8
On making a reference under these Regulations or a variation of such a reference the Secretary of State shall arrange for the reference or variation to be published in such manner as he thinks most suitable for the purpose of bringing it to the attention of persons who, in his opinion, would be affected by it.
Time limit for report on a reference
9
1
Every reference under regulation 4, 5 or 20 shall specify a period (not being longer than six months beginning with the date of the reference) within which a report on the reference is to be made.
2
The Secretary of State may give directions to the MMC allowing such further period for the purpose of reporting on a reference under these Regulations as may be specified in the directions, or, if the period has already been extended once or more than once by directions under this paragraph, allowing to the MMC such further extended period for that purpose as may be so specified.
Functions of the MMC on a reference of an agreement
10
1
On a reference under regulation 4 the MMC shall investigate and report on the questions —
a
whether such an agreement which is the subject of the reference exists or has existed;
b
whether any qualifying undertaking is or was a party to it;
c
whether the agreement falls within Article 85(1);
d
whether the agreement affects or has affected competition within the United Kingdom, and, if so, what are those effects.
2
Where, during an investigation on a reference under regulation 4, it appears to the MMC —
a
that there may have existed or be in existence an agreement (other than that which is the subject of the reference) to which some or all of the parties to the agreement which is the subject of the reference are party;
b
that the parties to that other agreement include a qualifying undertaking; and
c
that the United Kingdom may have a duty to rule on that agreement under Article 88;
the MMC may investigate and report on that agreement as if it had been the subject of the reference.
3
Where a report of the MMC on a reference under regulation 4 includes the conclusions that —
a
the agreement which is the subject of the reference (or is treated as the subject by virtue of the preceding paragraph) exists or has existed;
b
a qualifying undertaking is or was a party to it; and
c
the agreement falls within Article 85(1);
the MMC shall also investigate and report on the question whether in their opinion the conditions for application of Article 85(3) are met.
Functions of the MMC on reference of a practice
11
1
On a reference under regulation 5 the MMC shall investigate and report on the questions —
a
whether the practice which is the subject of the reference is being carried on or has been carried on;
b
whether that practice infringes or has infringed Article 86;
c
whether any qualifying undertaking is carrying on or has carried on the practice;
d
whether the infringement of Article 86 has had an effect on competition in the United Kingdom and, if so, what are those effects.
2
Where, during an investigation on a reference under regulation 5, it appears to the MMC that a practice similar in form and effect to the practice which is the subject of the reference may be being carried on or may have been carried on by a qualifying undertaking and that the United Kingdom may have a duty to rule on that practice under Article 88, the MMC may investigate and report on that practice as if it had been the subject of the reference.
Report of the MMC
12
Any report of the MMC shall include definite conclusions on the questions on which the MMC is required to report under regulation 10, 11 or 20 together with such an account of their reasons for those conclusions as in their opinion is expedient for facilitating a proper understanding of their conclusions.
Recommendations of MMC
13
Where a report of the MMC —
a
on a reference under regulation 4 includes the conclusions specified in regulation 10(3); or
b
on a reference under regulation 5 includes the conclusions that a qualifying undertaking has infringed Article 86;
the MMC shall, as part of their investigations, consider what action (if any) should be taken in respect of those conclusions by the Secretary of State or any Minister or public authority and may, if they think fit, include in their report recommendations as to such action.
Undertakings as an alternative to a reference
14
1
Where the Secretary of State has power to make a reference to the MMC under regulation 4, regulation 5 or regulation 20 he may, instead of making a reference, accept from such of the parties concerned as he considers appropriate undertakings to take such specified action as the Secretary of State considers appropriate —
a
to terminate or prevent the recurrence of the infringement of Article 85(1) or Article 86 which it appears to the Secretary of State has occurred or may have occurred, or
b
to enable him to make a declaration under paragraph (2).
2
Where the Secretary of State has accepted undertakings under this regulation in respect of an agreement, and it appears to him that, if the undertakings are fulfilled, the conditions for application of Article 85(3) will be met in respect of the agreement, he may declare the provisions of Article 85(1) inapplicable to the agreement.
3
The Secretary of State shall arrange to publish in such manner as appears to him to be appropriate —
a
any undertakings accepted by him under paragraph (1);
b
any declaration made by him under paragraph (2);
c
such an account of his reasons for his decision to accept undertakings, and, if it be the case, for making a declaration as in his opinion is expedient for facilitating an understanding of his decision or his declaration;
d
any variation or release of such an undertaking.
4
Regulation 6(3) and (4) shall apply to the account referred to in paragraph (3)(c) as they apply to an account of the Secretary of State’s reasons published under regulation 6(1).
5
Where an undertaking has been accepted under paragraph (1), it shall be the duty of the Director —
a
to keep under review the carrying out of that undertaking, and from time to time to consider whether, by reason of any change of circumstances, the undertaking is no longer appropriate and either —
i
one or more of the parties to it can be released from it, or
ii
it needs to be varied or to be superseded by a new undertaking, and
b
if it appears to him that the undertaking has not been or is not being fulfilled, that any person can be so released or that the undertaking needs to be varied or superseded, to give such advice to the Secretary of State as he may think proper in the circumstances.
6
Where it appears to the Secretary of State that an undertaking accepted by him under paragraph (1) or which has superseded such an undertaking has not been, is not being, or will not be fulfilled, the Secretary of State may by order made by statutory instrument exercise such one or more of the powers specified in regulation 21 as he may consider it requisite to exercise for the purpose of terminating or preventing the recurrence of the infringement of Article 85 or Article 86 which it appears to the Secretary of State has occurred; and those powers may be so exercised to such extent and in such manner as the Secretary of State considers requisite for that purpose.
7
In determining whether, or to what extent or in what manner, to exercise any of those powers, the Secretary of State shall take into account any advice given by the Director under paragraph (5).
8
The provisions contained in an order under paragraph (6) may be different from those contained in the undertaking.
9
On the making of an order under paragraph (6), the undertaking accepted under paragraph (1) or which has superseded such an undertaking shall be released by virtue of this regulation.
Duty of Director to assist MMC
15
It shall be the duty of the Director, for the purpose of assisting the MMC in carrying out an investigation on a reference made to them under these Regulations, to give to the MMC —
a
any information which is in his possession and which relates to matters falling within the scope of the investigation and which is either requested by the MMC for that purpose or is information which in his opinion it would be appropriate for that purpose to give to the MMC without any such request, and
b
any other assistance which the MMC may require and which it is within his power to give in relation to such matters;
and the MMC shall take account of any information given to them for that purpose under this regulation.
Procedures of MMC and General Provisions as to Reports
16
The following provisions of the 1973 Act, namely sections 81 (procedures in carrying out investigations), 82 (general provisions as to reports), 83 (laying before Parliament and publication of reports), 85 (attendance of witnesses and production of documents), and Part II of Schedule 3 (performance of functions of the MMC) shall apply in relation to references under these Regulations and reports of the MMC on such references as if —
a
a reference under these Regulations was a reference under the 1973 Act;
b
functions of the MMC under these Regulations were functions in relation to an investigation under the 1973 Act;
c
a report of the MMC under these Regulations were a report under the 1973 Act;
d
in section 83 references to the Minister or Ministers were references to the Secretary of State;
e
in section 85(6) the references to a fine on summary conviction were to a fine not exceeding the statutory maximum;
f
in paragraph 11 of Schedule 3 the reference to a monopoly reference were to a reference under these Regulations and the reference to section 52 were a reference to regulation 7;
g
paragraph 16(2) of Schedule 3 were omitted.
Laying aside of references
17
1
If, at any time during an investigation by the MMC on a reference under these Regulations, it appears to the Secretary of State that the United Kingdom is not under a duty under Article 88 to rule on the agreement or practice which is the subject of the reference, the Secretary of State may direct the MMC to lay the reference aside.
2
The MMC shall comply with any direction under paragraph (1) but shall furnish to the Secretary of State such information as he may require as to the results until then of their investigations.
Director to receive copies of reports
18
The MMC shall send a copy of every report on a reference under these Regulations to the Director and the Secretary of State shall take account of any advice given to him by the Director with respect to such a report.
Exemptions under Article 85(3)
19
1
Where —
a
the report of the MMC on a reference under regulation 4 includes the conclusions specified in regulation 10(3); and
b
it appears to the Secretary of State that the United Kingdom is under a duty under Article 88 to rule on the question whether or not the agreement concerned is prohibited by Article 85;
the Secretary of State may, if it appears to him that the conditions for application of Article 85(3) are met in respect of the agreement, declare the provisions of Article 85(1) inapplicable to the agreement.
2
Before deciding whether to make such a declaration the Secretary of State shall have regard to the recommendations of the MMC and to their opinion as to whether the conditions for application of Article 85(3) are met.
3
The Secretary of State shall publish any declaration under paragraph (1) in such manner as appears to him to be appropriate.
General provisions about exemptions
20
1
This regulation applies to any declaration made by the Secretary of State —
a
under regulation 4(3);
b
under regulation 14(2);
c
under regulation 19(1);
and to any renewal of such a declaration under paragraph (3) below.
2
A declaration to which this regulation applies —
a
shall have effect from such date as may be stated in the declaration being a date not earlier than the date on which the agreement or these Regulations came into force whichever is the later, and
b
shall have effect for the period stipulated in the declaration.
3
The Secretary of State may renew a declaration to which this regulation applies for a further period if it appears to him that the conditions for application of Article 85(3) continue to be met in respect of the agreement at the expiry of the original declaration.
4
A declaration to which this regulation applies may be made unconditionally or subject to such conditions as the Secretary of State thinks fit.
5
It shall be the duty of the Director to keep under review the operation of any agreement in respect of which the Secretary of State has made a declaration to which this regulation applies and to advise the Secretary of State if at any time, he considers that the conditions for the application of Article 85(3) cease to be satisfied in respect of the agreement.
6
If it appears to the Secretary of State in respect of a declaration to which this regulation applies: —
a
that there has been a material change of circumstances since the declaration was made; or
b
that any information given in respect of the agreement concerned to the Director, to the MMC or to the Secretary of State is or was in any material respect false or misleading; or
c
that any person who gave an undertaking under regulation 14 or 22 to the Secretary of State as a result of which the Secretary of State was able to make the declaration has not complied with it;
the Secretary of State may revoke or vary the declaration as he thinks fit.
7
Before deciding whether to renew, revoke or vary a declaration to which this regulation applies, the Secretary of State may refer the matter to the MMC for investigation and report.
8
On a reference under paragraph (7) above, the MMC shall investigate and report on the question whether in their opinion the conditions for application of Article 85(3) are met in respect of the agreement which is the subject of the reference.
9
The MMC shall, as part of their investigations on a reference under paragraph (7) above, consider what action (if any) should be taken in respect of their conclusions by the Secretary of State or any Minister or public authority and may, if they think fit, include in their report recommendations as to such action.
Powers of Secretary of State to make Orders
21
1
Where —
a
paragraph (2) applies, or
b
pursuant to Article 89(2), the Commission has taken a reasoned decision relating to an infringement of Article 85 and has authorised the United Kingdom to take measures needed to remedy the situation;
the Secretary of State may by order made by statutory instrument exercise such one or more of the powers specified in Parts I and II of Schedule 8 to the 1973 Act as he considers it requisite to exercise for the purpose of terminating or preventing the recurrence of the infringement of Article 85 concerned or for the purpose of enabling him to make a declaration under regulation 19 or a renewal of such a declaration; and those powers may be so exercised to such extent and in such manner as the Secretary of State considers requisite for that purpose.
2
This paragraph applies where —
a
it appears to the Secretary of State that the United Kingdom has a duty under Article 88 to rule on whether or not an agreement which is the subject of a report of the MMC on a reference under regulation 4 is prohibited under Article 85(1), and
b
the report includes the conclusions specified in regulation 10(3) and the Secretary of State has not declared Article 85(1) inapplicable to the agreement.
3
Where —
a
the Secretary of State has received a report of the MMC on a reference under regulation 5(3) which concludes that there is or has been an infringement of Article 86 by one or more undertakings at least one of which is a qualifying undertaking and it appears to the Secretary of State that the United Kingdom has a duty under Article 88 to rule on whether or not that infringement has occurred; or
b
pursuant to Article 89(2), the Commission has taken a reasoned decision under Article 89(2) relating to an infringement of Article 86 and has authorised the United Kingdom to take measures needed to remedy the situation;
the Secretary of State may by order made by statutory instrument exercise any one or more of the powers specified in paragraph (4) for the purpose of terminating or preventing the recurrence of the infringement of Article 86 concerned.
4
The powers which may be exercised under paragraph (3) are —
a
the power to prohibit a person named in the order from carrying on the practice constituting the infringement of Article 86 specified in the report of the MMC or decision of the Commission or from carrying on any other practice which is similar in form and effect to that practice; and
b
such one or more of the powers specified in Part I or II of Schedule 8 to the 1973 Act as the Secretary of State considers it requisite to exercise for the purpose mentioned in paragraph (3);
and those powers may be so exercised to such extent and in such manner as the Secretary of State considers requisite for the purpose mentioned in paragraph (3).
5
In determining whether, or to what extent or in what manner, to exercise any of the powers under this regulation the Secretary of State shall have regard to any recommendations included in the report of the MMC.
6
For the purpose of this regulation and of regulation 14(6), Schedule 8 to the 1973 Act shall be construed as if —
a
an order under section 56 were an order under these Regulations;
b
paragraph 3 were omitted,
c
references to the appropriate Minister were references to the Secretary of State.
7
It shall be the duty of the Director to keep under review the action (if any) taken in compliance with an order made under regulation 14(6) or under this regulation, and from time to time to consider whether, by reason of any change of circumstances, the order should be varied or revoked or should be superseded by a new order, and —
a
if it appears to him that the order has in any respect not been complied with, to consider whether any action (by way of proceedings in accordance with section 93 of the 1973 Act as applied by regulation 24 or otherwise) should be taken for the purpose of securing compliance with the order, and (where in his opinion it is appropriate to do so) to take such action himself or give advice to the Secretary of State or other person by whom such action might be taken; or
b
if it appears to him that the order needs to be varied or revoked, or to be superseded by a new order, to give such advice to the Secretary of State as he may think proper in the circumstances.
Undertakings following a report
22
1
In any circumstances where the Secretary of State has power to make an order under regulation 21 it shall be the duty of the Director to comply with any request of the Secretary of State to consult with any persons mentioned in the request (“the relevant parties”) with a view to obtaining from them undertakings to take action indicated in the request made to the Director as being action requisite in the opinion of the Secretary of State, for the purpose of terminating or preventing the recurrence of the infringement of Article 85 or 86 concerned, or of enabling the Secretary of State to make a declaration under regulation 19.
2
Subsections (2) to (5) of section 88 of the 1973 Act shall apply in relation to consultation under paragraph (1), undertakings given in pursuance of them and orders made under regulation 21, as if —
a
references to the appropriate Minister were references to the Secretary of State;
b
references to powers under section 56 were to powers under regulation 21;
c
references to the “relevant parties” were construed in accordance with paragraph (1) above.
Procedure relating to orders made under these Regulations
23
1
No order made under these Regulations which exercises any of the powers specified in Part II of Schedule 8 to the 1973 Act and no order varying or revoking any such order shall be made unless a draft of the order has been laid before Parliament and approved by a resolution of each House of Parliament; and the provisions of Schedule 9 to the 1973 Act shall apply with respect to the procedure to be followed before laying before Parliament a draft of any such order as they apply to an order such as is mentioned in section 91(1) of the 1973 Act.
2
Any statutory instrument whereby any order is made under any provision of these Regulations, other than an instrument whereby an order is made to which the preceding paragraph applies, shall be subject to annulment in pursuance of a resolution of either House of Parliament.
3
Section 91(2) of the 1973 Act shall apply to an order made under these Regulations (other than an order to which paragraph (1) applies) as it applies to an order made under section 56 of the 1973 Act other than an order such as is mentioned in section 91(1) of the 1973 Act.
Provisions as to orders and enforcement
24
Sections 90 (general provisions to orders), 92 (investigation of company), 93 (enforcement of orders), and 93A (enforcement of undertakings) of the 1973 Act shall apply in relation to orders made under these Regulations as if —
a
references to orders made under section 56 of the 1973 Act were references to orders made under these Regulations;
b
the words “either for all persons or” in subsection (2) of section 90 were omitted;
c
subsections (5) and (6) of section 90 were omitted;
d
references to the Minister were references to the Secretary of State;
e
references to an order to which section 90 of the 1973 Act applies were references to an order made under these Regulations; and
f
references to undertakings accepted by the Secretary of State under section 75G of the 1973 Act were to undertakings accepted by the Secretary of State under regulation 14 or regulation 22.
False or misleading information
25
Section 93B (false or misleading information) of the 1973 Act shall apply in relation to information furnished by any person to the Secretary of State, the Director or the MMC in connection with any of their functions under these Regulations as it applies to information furnished to the Secretary of State in connection with any of his functions under Parts IV, V or VI of the 1973 Act.
26
Section 129 of the 1973 Act (time limit for prosecutions) shall apply in relation to offences under these Regulations as it applies to offences under the 1973 Act.
27
Section 132 of the 1973 Act (offences by bodies corporate) shall apply in relation to offences under these Regulations as if —
a
the reference to section 85(6) were a reference to that subsection as it is applied by regulation 16, and
b
the reference to section 93(B) were a reference to that section as it is applied by regulation 25.
Restrictions on disclosure of information
28
1
Subject to paragraphs (2) to (4), no information with respect to any particular business which has been obtained under or by virtue of the provisions of these Regulations shall, so long as that business continues to be carried on, be disclosed without the consent of the person for the time being carrying on that business.
2
Paragraph (1) does not apply to any disclosure of information which is made —
a
for the purpose of facilitating the performance of any functions of the Director, the Civil Aviation Authority, the MMC, or the Secretary of State under these Regulations, or the Fair Trading Act 1973 , or the Restrictive Trade Practices Act 1976 , or the Resale Prices Act 1976 , or the Competition Act 1980 ,, or the Civil Aviation Act 1982 , or the Airports Act 1986 ; or the Licensing of Air Carriers Regulations 1992 , or Part IV of the Airports (Northern Ireland) Order 1994 , or
b
for facilitating the performance by the Commission of its functions under Article 89, or
c
in pursuance of a Community obligation within the meaning of the European Communities Act 1972.
3
Paragraph (1) does not apply to any disclosure of information which is made for the purpose of any proceedings before the Restrictive Practices Court or of any other legal proceedings, whether civil or criminal under these Regulations, the 1973 Act or the Restrictive Trade Practices Act 1976.
4
Nothing in paragraph (1) shall be construed —
a
as limiting the matters which may be included in, or made public as part of, a report of the MMC; or
b
as applying to any information which has been made public as part of such a report or of a decision or declaration made by the Secretary of State under these Regulations or as part of an account published with such a decision or declaration.
5
Any person who discloses any information in contravention of this regulation shall be guilty of an offence and shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum;
b
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
Amendments to other enactments
29
1
In paragraph (a) of section 133(2) of the 1973 Act (exceptions from the general restriction on the disclosure of information obtained under or by virtue of certain provisions of that Act), after “or the Coal Industry Act 1994” there shall be inserted the words “or the EC Competition Law (Articles 88 and 89) Enforcement Regulations 1996”.
2
In paragraph (a) of section 41(1) of the Restrictive Trade Practices Act 1976 (exceptions from the general restriction on the disclosure of information obtained under or by virtue of that Act), after “or the Coal Industry Act 1994” there shall be inserted the words “or the EC Competition Law (Articles 88 and 89) Enforcement Regulations 1996”.
3
In section 19(3) of the Competition Act 1980, (exceptions from the general restriction on the disclosure of information obtained under or by virtue of that Act) there shall be inserted at the end the following sub-paragraph —
q
the EC Competition Law (Articles 88 and 89) Enforcement Regulations 1996;
.
4
In section 74(3) of the Airports Act 1986 (exceptions from the general restriction on the disclosure of information obtained under or by virtue of that Act) there shall be inserted at the end the following sub-paragraph —
o
the EC Competition Law (Articles 88 and 89) Enforcement Regulations 1996.
.
5
In article 49(3) of the Airports (Northern Ireland) Order 1994 (exceptions from the general restriction on the disclosure of information obtained under or by virtue of that Order) there shall be inserted at the end the following sub-paragraph —
r
the EC Competition Law (Articles 88 and 89) Enforcement Regulations 1996.
.
Past agreements and infringements
30
Nothing in these Regulations shall enable or require the Director or the MMC to investigate or report on an agreement which was determined, or on a practice which has ceased, before these regulations came into force.
John M Taylor
Parliamentary Under Secretary of State for Corporate and Consumer Affairs,
Department of Trade and Industry
23rd August 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Plymouth Community Services National Health Service Trust (Transfer of Trust Property) Order 1996 and shall come into force on 21st October 1996.
2
In this Order “the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Cornwall Healthcare National Health Service Trust and the Plymouth Community Services National Health Service Trust on 15th July 1996, which schedule has been signed on behalf of both those Trusts.
Transfer of trust property
2
On 21st October 1996 the trust property shall be transferred from the Cornwall Healthcare National Health Service Trust to the Plymouth Community Services National Health Service Trust.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State,
Department of Health
23rd September 1996


text:
1
These Regulations may be cited as the Partnerships (Unrestricted Size) No. 11 Regulations 1996 and shall come into force on 15th March 1996.
2
Section 716(1) of the Companies Act 1985 does not prohibit the formation for the purpose of carrying on practice as actuaries of a partnership consisting of persons not less than three-quarters of the total number of whom are either Fellows of the Institute of Actuaries or Fellows of the Faculty of Actuaries.
3
The Partnerships (Unrestricted Size) No. 2 Regulations 1970 are hereby revoked.
Phillip Oppenheim
Parliamentary Under Secretary of State for Company Affairs,
Department of Trade and Industry
8th February 1996