text:
1
1
These Regulations may be cited as the Local Government Changes for England (Magistrates' Courts) Regulations 1996 and, subject to paragraph (2), shall come into force on 1st April 1996.
2
These Regulations shall come into force immediately after the coming into force of paragraphs 10 and 11 of Schedule 2 to the Local Government (Wales) Act 1994 .
2
The enactments listed in the Schedule shall be amended or construed as provided therein.
3
1
Every person who immediately before 1st April 1996 holds office as a justice of the peace for an old commission area shall on and after that date hold office as a justice of the peace for the new commission area which includes the petty sessions area for which he acts, and the commissions of the peace for the hold commission areas shall accordingly have effect as commissions of the peace for the new commission areas.
2
In paragraph (1) —
“old commission area” means an area in England for which there was a commission of the peace immediately before 1st April 1996;
“new commission area” means an area in England for which, in accordance with section 1 of the Justices of the Peace Act 1979 , there should be a commission of the peace on and after 1st April 1996.
4
Where by virtue of an order under section 17 of the Local Government Act 1992 one or more commission areas are created, abolished or altered, regulation 3 shall have effect in relation to that change with the following modifications:
a
for every reference to 1st April 1996 there shall be substituted the date on which the order comes into force;
b
for the reference to section 1 of the Justices of the Peace Act 1979 there shall be substituted a reference to the order;
c
at the end of paragraph (1) there shall be inserted the words “until such time as commissions of the peace for the new commission areas are granted”.
5
1
Subject to any order made under section 23 of the Justices of the Peace Act 1979, every petty sessions area which, immediately before 1st April 1996, was a petty sessional division of a non-metropolitan county in England shall continue in existence on and after that date as a petty sessional division of the relevant area corresponding to that county.
2
Subject to any order made under section 69 of the Police and Magistrates' Courts Act 1994 , every magistrates' courts committee for a non-metropolitan county in England existing immediately before 1st April 1996 shall continue in existence on and after that date as the magistrates' courts committee for the relevant area corresponding to that county.
3
In this regulation “relevant area” has the meaning given by section 70 of the Justices of the Peace Act 1979 as amended by paragraph 1(7)(a) of the Schedule to these Regulations, and a relevant area corresponds to a county if it comprises the area of that county as it existed immediately before 1st April 1995.
Signed by authority of the Secretary of State
David Curry
Minister of State
Department of the Environment
5th March 1996


type: legislation

jurisdiction: UK

text:
Title and commencement
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Oil and Chemical Pollution of Fish and Plants) (Partial Revocation No. 6) Order 1996 and shall come into force on 17th October 1996.
Partial Revocation
2
1
The Food Protection (Emergency Prohibitions) (Oil and Chemical Pollution of Fish and Plants) Order 1996 is hereby revoked insofar as it applies in relation to crustaceans which are in the part of the area designated by that Order which is described in the Schedule to this Order.
Signed by authority of the Secretary of State for Wales
Jonathan Evans
Parliamentary Under Secretary of State,
Welsh Office
16th October 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Environmentally Sensitive Areas (Argyll Islands) Designation (Amendment) Order 1996 and shall come into force on 15th August 1996.
2
In this Order–
“the principal Order ” means the Environmentally Sensitive Areas (Argyll Islands) Designation Order 1993 .
Amendment of the principal Order
2
In article 2(1) of the principal Order (interpretation) for the definition of “wetlands” there shall be substituted the following definition:–
“wetlands” means ground which does not constitute rough grazings and is saturated with water for a significant proportion of the year.
.
3
In article 7 of the principal Order (payments for additional agricultural operations) for the words “Such payments” to the end there shall be substituted–
Such payments shall be at a rate to be determined by the Secretary of State–
a
in the case of an agreement entered into on or after 15th August 1996, up to a maximum rate of £30,000 for each 5 year conservation plan; and
b
in the case of an agreement entered into before that date–
i
for the year of the 5 year conservation plan included in such agreement which commenced but which had not ended before that date, up to a maximum rate of £3,500 per annum per crofter, farmer or common grazings committee for that year; and
ii
for the whole years or remaining whole years of such 5 year conservation plan, up to a maximum rate calculated by multiplying £6,000 by the number of those whole years or remaining whole years.
.
4
In paragraph 12 of the Schedule to the principal Order (requirements to be included in an agreement)–
a
for the word “Scheme” there shall be substituted the word “agreement”; and
b
in sub-paragraph (b)(ix)(bb) for the words “, harrowing or spreading” there shall be substituted the words “or harrowing”.
Lindsay
Parliamentary Under Secretary of State,
Scottish Office
18th July 1996
We consent,
Liam Fox
Simon Burns
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd July 1996


text:
Citation
1
This Order may be cited as the Noise Act 1996 (Commencement No. 1) Order 1996.
Provisions coming into force on 19th September 1996
2
The following provisions of the Noise Act 1996 shall come into force on 19th September 1996 —
section 10(7), section 13 and section 14(1) to (3); and
section 10(8), section 10(9) and the Schedule, section 11 and section 12, in so far as those provisions relate to the power of a local authority under section 81(3) of the Environmental Protection Act 1990 to abate a statutory nuisance by virtue of section 79(1)(g) of that Act (noise emitted from premises).
Signed by authority of the Secretary of State
Robert Jones
Minister of State,
Department of the Environment
28th August 1996


text:
Citation, commencement and extent
1
These Regulations, which extend to Great Britain, may be cited as the Health and Safety at Work etc. Act 1974 (Application to Environmentally Hazardous Substances) Regulations 1996 and shall come into force on 8th August 1996.
Extension of power to make regulations
2
1
For the purposes only of enabling regulations under section 15 of the Health and Safety at Work etc. Act 1974 to be made to implement any obligation imposed by any of the Directives or to deal with any matter arising out of or related to any such obligation, the reference to dangerous substances in section 1(1)(c) of that Act shall have effect as if it included a reference to environmentally hazardous substances.
2
In this regulation —
a
“the Directives” means —
i
Council Directive 94/55/ EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road,
ii
Council Directive 96/49/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail, and
iii
European Parliament and Council Directive 94/63/EC on the control of volatile organic compound ( VOC ) emissions resulting from the storage of petrol and its distribution from terminals to service stations; and
b
“environmentally hazardous substances” means substances which are dangerous to the environment (whether or not they are already within section 1(1)(c) of the Health and Safety at Work etc. Act 1974 as dangerous substances).
Signed by order of the Secretary of State.
John Bowis
Parliamentary Under Secretary of State,
Department of Transport
7th August 1996


text:
Title and commencement
1
These Regulations may be cited as the Sheep Annual Premium and Suckler Cow Premium Quotas (Re-assessment of Eligibility) Regulations 1996 and shall come into force on 5th February 1996.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“Council Regulation 805/68” means Council Regulation ( EEC ) No. 805/68 on the common organisation of the market in beef and veal ;
“Council Regulation 3013/89” means Council Regulation (EEC) No. 3013/89 on the common organisation of the market in sheepmeat and goatmeat ;
“Council Regulation 3493/90” means Council Regulation (EEC) No. 3493/90 laying down general rules for the grant of premium to sheepmeat and goatmeat producers ;
“holding” has the same meaning as in —
Article 1(3) of Council Regulation 3493/90 to the extent that these Regulations relate to sheep annual premium quota;
Article 4a of Council Regulation 805/68 to the extent that these Regulations relate to suckler cow premium quota;
“lease” means —
a temporary lease under Article 5a(4)(d) of Council Regulation 3013/89 insofar as these Regulations relate to sheep annual premium quota;
a temporary transfer under Article 4e(3) of Council Regulation 805/68 insofar as these Regulations relate to suckler cow premium quota,
and related expressions shall be construed accordingly;
“marketing year” shall be construed in accordance with Article 3(3) of Council Regulation 3013/89;
“the Minister” means —
in relation to England, the Minister of Agriculture, Fisheries and Food;
in relation to the rest of Great Britain, the Secretary of State; and
in relation to Northern Ireland, the Department of Agriculture for Northern Ireland;
“the national reserve for 1993” has the same meaning as in regulation 2(1) of the Sheep Annual Premium and Suckler Cow Premium Quotas Regulations 1993 (referred to subsequently in these Regulations as “the 1993 Regulations”);
“the national reserve for 1994” shall be construed in accordance with the definition of the phrase “the national reserve for any given year later than 1993” in the said regulation 2(1);
“producer” has the same meaning as in —
Article 1(1) of Council Regulation 3493/90 insofar as these Regulations relate to sheep annual premium quota; and
Article 4a of Council Regulation 805/68 insofar as these Regulations relate to suckler cow premium quota;
“quota” means sheep annual premium quota or as the case may be suckler cow premium quota;
“sensitive zone” means any sensitive zone specified in Schedule 1 to the 1993 Regulations, and a reference in these Regulations to a numbered sensitive zone is a reference to the sensitive zone so numbered in that Schedule;
“sheep” means eligible ewes as defined, prior to the 1993 marketing year, by Article 1(2) of Council Regulation (EEC) No. 872/84 laying down general rules for the granting of premiums to sheepmeat producers and repealing Regulation (EEC) No. 2643/80 and, with effect from the 1993 marketing year, by Article 1(4) of Council Regulation 3493/90;
“sheep annual premium quota” means the right to sheep annual premium (as defined by regulation 2(1) of the 1993 Regulations) subject to the individual limit referred to in Article 5a of Council Regulation 3013/89;
“suckler cow” has the same meaning as in Article 4a of Council Regulation 805/68;
“suckler cow premium quota” means the right to suckler cow premium (as defined by regulation 2(1) of the 1993 Regulations) subject to the individual ceiling referred to in Article 4d of Council Regulation 805/68;
“transfer” means —
a transfer of quota under Article 5a(4)(b) of Council Regulation 3013/89 insofar as these Regulations relate to sheep annual premium quota; and
a transfer of quota under Article 4e(1) of Council Regulation 805/68 insofar as these Regulations relate to suckler cow premium quota,
(but does not include a lease); and related expressions shall be construed accordingly.
2
Any reference in these Regulations to a division of the national reserve for 1993 or 1994 is a reference to one of the divisions into which that reserve is divided in accordance with regulation 12 of the 1993 Regulations.
3
Any reference in these Regulations to a numbered category is a reference to the category so numbered in Part I or as the case may be Part II of Schedule 2 to the 1993 Regulations.
4
The requirement to use whole numbers set out in Article 14 of Commission Regulation (EEC) No. 3567/92 laying down detailed rules for the application of individual limits, national reserves and transfer of rights provided for in Articles 5a to 5c of Council Regulation 3013/89 shall apply in respect of the calculation of actual awards of sheep annual premium quota made under regulation 5(4) and any re-distribution of such quota effected under regulation 6 in the same manner as that requirement applies to the calculations referred to in that Article.
5
The requirements as to the determination of partial rights set out in Article 40 of Commission Regulation (EEC) No. 3886/92 laying down detailed rules for the application of the premium schemes provided for in Council Regulation 805/68 shall apply in respect of the calculation of actual awards of suckler cow premium quota made under regulation 5(4) and any re-distribution of such quota effected under regulation 6 in the same manner as those requirements apply to the calculations referred to in that Article.
6
Any reference in these Regulations to a Community instrument is a reference to that instrument as amended on the date these Regulations come into force.
7
In these Regulations, any reference to —
a
a numbered regulation (with no corresponding reference to a specific instrument) is a reference to the regulation in these Regulations so numbered; and
b
a numbered paragraph (with no corresponding reference to a specific provision) is a reference to the paragraph so numbered in the regulation in which the reference appears.
The special quota reserve
3
1
All quota remaining in a division of the national reserve for 1993 or 1994 on the date of coming into force of these Regulations (other than sheep annual premium quota remaining in division 5 of the national reserve for 1994) shall on that date be withdrawn from the division concerned by the Minister with responsibility for the part of the United Kingdom in which the sensitive zone corresponding with that division is situated.
2
If in relation to the performance of any of his functions under these Regulations the Minister forms the view on reasonable grounds that the successful application —
a
for an allocation of quota from the national reserve for 1993 of a person considered to fall within any of categories 3 to 7; or
b
for an allocation of suckler cow premium quota from the national reserve for 1994 of a person considered to fall within any of categories I to VI ,
was fundamentally flawed the allocation of quota made to him in that capacity shall be withdrawn from its then holder by the Minister with responsibility for the part of the United Kingdom in which the sensitive zone corresponding with the division of that national reserve from which the allocation was made is situated.
3
On quota being withdrawn by a Minister in accordance with this regulation the Minister concerned shall assign it to a special reserve of quota established by virtue of this provision (“the special quota reserve”) with a view to its being awarded to producers in accordance with regulation 5.
4
The special quota reserve shall be divided into 7 divisions, consisting of a division for each sensitive zone, and the Minister assigning quota in accordance with paragraph (3) shall distribute it to the division of the special quota reserve corresponding with the division of the national reserve for 1993 or as the case may be 1994 from which it was withdrawn.
5
Where, following completion of the awards of quota falling to be made from a division of the special quota reserve under regulation 5, it transpires that quota remains in that division the Minister with responsibility for the part of the United Kingdom in which the sensitive zone corresponding with that division is situated may assign such proportion of that excess quota as he sees fit to such other divisions of the special quota reserve in which there is not enough quota to complete the awards of quota falling to be made from it under regulation 5 as he may determine.
6
Quota shall not be withdrawn by a Minister in accordance with paragraph (2) unless the Minister concerned has given notice to the person from whom it falls to be withdrawn —
a
specifying the date on which the withdrawal is to take effect and the reasons for the withdrawal; and
b
giving the person concerned the opportunity to make representations to the Minister regarding the proposed withdrawal;
but, subject to that, the withdrawal shall take effect as specified in the notice.
Eligibility and applications for awards of quota from the special quota reserve
4
1
Insofar as he satisfies the conditions specified in the Schedule to these Regulations, a producer shall be eligible for an award of quota from the special quota reserve if he is —
a
a producer —
i
who was successful in his application for an allocation of quota from the national reserve for 1993 as a person falling within category 3, group (c),
ii
who has not subsequently transferred any of that quota,
iii
whose said quota allocation was based (as required by paragraph 8 of Schedule 3 to the 1993 Regulations) on a given number of sheep or as the case may be suckler cows accepted by the Minister to whom his application was made as committed for acquisition by 31st December 1995 at the latest, and
iv
whose application did not include or was not accepted by the Minister to whom that application was made as including a number of sheep or as the case may be suckler cows which were truly committed for acquisition by that date;
b
a producer who was unsuccessful in his application for an allocation of sheep annual premium quota from the national reserve for 1993 as a person falling within category 3, group (c), and whose holding is not situated in sensitive zone 5;
c
a producer who did not apply for an allocation of sheep annual premium quota from the national reserve for 1993 as a person falling within category 3, group (c), and whose holding is not situated in sensitive zone 5;
d
a producer who was unsuccessful in his application for an allocation of suckler cow premium quota from the national reserve for 1993 as a person falling within category 3, group (c); or
e
a producer who did not apply for an allocation of suckler cow premium quota from the national reserve for 1993 as a person falling within category 3, group (c),
but no person shall be eligible for an award of quota from the special quota reserve if he transferred or leased out quota of the corresponding kind on or before the closing date for making applications for allocations of that kind of quota from the national reserve for 1993 applicable to persons considering that they fell within category 3, group (c), which was determined by the Minister with responsibility for the part of the United Kingdom in which his holding is situated under regulation 13A(3) of the 1993 Regulations.
2
Where a person who considers that he meets the criteria specified in paragraph (1) wishes to be awarded quota from the special quota reserve he may apply for such an award to be made to him to the Minister with responsibility for the sensitive zone in which his holding is situated in such form and by such date as that Minister may determine.
3
The Minister to whom an application for an award of quota is made in accordance with paragraph (2) may by notice to the applicant require him to provide by such date as is specified in the notice such further information as that Minister may consider relevant for the purpose of determining the application.
4
Quota awarded from the special quota reserve shall become effective with effect from the 1996 marketing year (in the case of sheep annual premium quota) and the 1996 calendar year (in the case of suckler cow premium quota).
5
It shall be for a producer to demonstrate to the satisfaction of the Minister with responsibility for the part of the United Kingdom in which his holding is situated that —
a
he satisfies the conditions specified in the Schedule to these Regulations; and
b
he falls within any of the categories specified in paragraph (1);
and the Minister concerned shall in determining whether or not he is satisfied as aforesaid have regard to all the circumstances of the case.
6
For the purposes of paragraph (1)(a)(ii), where a producer holds quota and some of that quota is quota which was allocated to him as a successful applicant under category 3, group (c), of the national reserve for 1993 any transfer by him of an amount of quota shall be regarded as constituting a transfer of the quota allocated to him as aforesaid only where the amount transferred exceeds the amount of quota held by him and deriving from other sources.
Awards of quota from the special quota reserve
5
1
Where a person has made a successful application under regulation 4(2) for an award of quota from the special quota reserve the Minister to whom the application was made shall make to the person concerned (without notifying him of it) a notional award of quota, from the division of the special quota reserve corresponding with the sensitive zone in which his holding is situated, equivalent to the number of sheep or as the case may be suckler cows a commitment to acquire which has been made in the investment programme required by paragraph 2 of the Schedule to these Regulations, provided that —
a
where the programme extends beyond 1995 the notional amount of quota awarded in accordance with this paragraph shall correspond with the number of sheep or as the case may be suckler cows speified in the programme as committed for acquisition by 31st December 1995; and
b
no notional award of quota shall be made in accordance with this paragraph in respect of such number of sheep or as the case may be suckler cows for which the applicant has already had an equivalent allocation of quota of the corresponding kind.
2
The notional award of quota to which a person is entitled under paragraph (1) shall be reduced by the amount of quota of the corresponding kind which he has acquired by transfer, notification of which, as referred to in regulation 5 of the 1993 Regulations, was effected —
a
on or before 6th August 1993, in the case of sheep annual premium quota; and
b
on or before 12th November 1993, in the case of suckler cow premium quota,
unless (pursuant to regulation 13A(9) of the 1993 Regulations) a deduction of that quota has been previously taken into account in making an allocation of quota to the person concerned.
3
The Minister with responsibility for the part of the United Kingdom in which the sensitive zone corresponding with any given division of the special quota reserve is situated shall —
a
calculate the number of successful applications for awards of quota from that division which have been made under regulation 4(2);
b
calculate the amount of quota which will in consequence of those successful applications fall to be awarded on a notational basis from that division under paragraph (1);
c
identify, by all practicable means and by the date referred to in regulation 4(2), all those persons who would be eligible for awards of quota from that division under regulation 4(1) were they still producers;
d
calculate the amount of quota which would be awarded on a notional basis from that division to those persons under paragraph (1) were they still producers and had they made successful applications under regulation 4(2);
e
calculate the amount of quota which successful applicants falling within category 3, group (a), category 3, group (b) or category 3, group (c) were entitled to have allocated to them from the corresponding division of the national reserve for 1993 under Schedule 3 to the 1993 Regulations;
f
add together the amounts of quota calculated as aforesaid (whether notional or actual);
g
ascertain the amount of quota which remained available in the corresponding division of the national reserve for 1993 for distribution following the making of allocations from it to successful applicants under categories 1 and 2 of that reserve; and
h
establish the requisite percentage, being the lower of
i
the percentage of the total referred to in sub-paragraph (f) of this paragraph represented by the amount of quota ascertained in accordance with sub-paragraph (g) of this paragraph, and
ii
100%.
4
The actual award of quota to which a producer is entitled under this regulation shall be the percentage of the notional award to which he is entitled under paragraph (1) (represented as an amount of quota) corresponding with the requisite percentage established in accordance with paragraph (3)(h), and reduced by the amount of quota of the corresponding kind still held by him which he has acquired by transfer, notification of which, as referred to in regulation 5 of the 1993 Regulations, has been effected —
a
after 6th August 1993 but —
i
where the quota was acquired in Great Britain, before 5th February 1996, and
ii
where the quota has been acquired in Northern Ireland, before 15th February 1996,
in the case of sheep annual premium quota; and
b
after 12th November 1993 but —
i
where the quota was acquired in Great Britain, before 1st February 1996, and
ii
where the quota has been acquired in Northern Ireland, before 15th February 1996,
in the case of suckler cow premium quota.
5
The actual award of quota to which a producer is entitled under this regulation shall be made by notification being given to him by the Minister to whom his application was made under regulation 4(2).
Satisfaction of awards of quota from the special quota reserve
6
1
Where there is not enough quota within a division of the special quota reserve to satisfy the awards of quota falling to be made from it under regulation 5 the following paragraphs of this regulation shall apply.
2
The Minister with responsibility for the part of the United Kingdom in which the sensitive zone corresponding with the division concerned is situated shall in accordance with paragraphs (3) to (10) —
a
where the deficit referred to in paragraph (1) is in respect of sheep annual premium quota, withdraw from its then holder any such quota allocated from the corresponding division of the national reserve for 1993 and assign it to the aforementioned division of the special quota reserve to be offset against that deficit; and
b
where the deficit referred to in paragraph (1) is in respect of suckler cow premium quota, withdraw from its then holder any such quota allocated from the corresponding division of the national reserve for 1994 (other than suckler cow premium quota added to it in accordance with regulation 13(5) of the 1993 Regulations) and assign it to the aforementioned division of the special quota reserve to be offset against that deficit.
3
Within the relevant division of the national reserve for 1993 any withdrawal of sheep annual premium quota from it made in accordance with paragraph (2)(a) shall be effected category by category in ascending order, withdrawing first the sheep annual premium quota which was allocated to the numerically highest category of person specified in Part I of Schedule 2 to the 1993 Regulations to whom allocations of such quota were made from that division, and proceeding (by the completion of the awards falling to be made under regulation 5) until the deficit in sheep annual premium quota referred to in paragraph (1) has been satisfied.
4
Where sheep annual premium quota has been withdrawn from a division of the national reserve for 1993 in accordance with paragraph (2)(a) and the deficit referred to in paragraph (1) has been satisfied before all the sheep annual premium quota allocated from that division to successful applicants under categories 3 to 7 of that national reserve has been exhausted, any sheep annual premium quota still held by persons falling within the last group of persons from whom such quota was withdrawable in accordance with paragraph (2)(a) shall be re-distributed among all the persons falling within that group proportionally in accordance with the original allocations of sheep annual premium quota made from the national reserve for 1993 to the category of person specified in Part I of Schedule 2 to the 1993 Regulations from which that group is derived.
5
Within the relevant division of the national reserve for 1994, any withdrawal of suckler cow premium quota made from it in accordance with paragraph (2)(b) shall be effected category by category in ascending order, withdrawing first the suckler cow premium quota which was allocated to the numerically highest category of person specified in Part II of Schedule 2 to the 1993 Regulations to whom allocations of such quota were made from that division, and proceeding until the deficit in suckler cow premium quota referred to in paragraph (1) has been satisfied or (if earlier) until all the suckler cow premium quota falling to be withdrawn under paragraph (2)(b) has been exhausted.
6
Where suckler cow premium quota has been withdrawn from a division of the national reserve for 1994 in accordance with paragraph (2)(b) and the deficit referred to in paragraph (1) has been satisfied before all the suckler cow premium quota falling to be withdrawn from that division under paragraph (2)(b) has been exhausted, any suckler cow premium quota still held by persons falling within the last group of persons from whom such quota was withdrawable in accordance with that paragraph shall be re-distributed among all the persons falling within that group proportionally in accordance with the original allocations of suckler cow premium quota made from the national reserve for 1994 to the category of person specified in Part II of Schedule 2 to the 1993 Regulations from which that group is derived.
7
Where, notwithstanding any assignment of suckler cow premium quota to it made in accordance with paragraph (2)(b), there remains insufficient suckler cow premium quota within a division of the special quota reserve to enable persons to receive the awards of such quota from it to which they are entitled under regulation 5 the Minister with responsibility for the part of the United Kingdom in which the sensitive zone corresponding with that division is situated shall withdraw from its then holder any such quota allocated from the corresponding division of the national reserve for 1993 and assign it to the aforementioned division of the special quota reserve for the purpose of funding those allocations.
8
Within the relevant division of the national reserve for 1993, any withdrawal of suckler cow premium quota from it made in accordance with paragraph (7) shall be effected category by category in ascending order, withdrawing first the suckler cow premium quota which was allocated to the numerically highest category of person specified in Part I of Schedule 2 to the 1993 Regulations to whom allocations of such quota were made from that division, and proceeding (by the completion of the awards falling to be made under regulation 5) until the deficit in suckler cow premium quota specified in that paragraph has been satisfied.
9
Where suckler cow premium quota has been withdrawn from a division of the national reserve for 1993 in accordance with paragraph (7) and the deficit specified in that paragraph has been satisfied before all the suckler cow premium quota allocated from the relevant division of the national reserve for 1993 to successful applicants under categories 3 to 7 of that national reserve has been exhausted, any suckler cow premium quota still held by persons falling within the last group of persons from whom such quota was withdrawable in accordance with that paragraph shall be re-distributed among all the persons falling within that group proportionally in accordance with the original allocations of suckler cow premium quota made from the national reserve for 1993 to the category of person specified in Part I of Schedule 2 to the 1993 Regulations from which that group is derived.
10
Quota shall not be withdrawn from a person in accordance with paragraph (2) or (7) or re-distributed between persons in accordance with paragraph (4), (6) or (9) unless the Minister performing that function has given notice to each person affected by the proposed withdrawal or as the case may be re-distribution —
a
specifying when the withdrawal or re-distribution concerned is to take effect; and
b
giving reasons for that withdrawal or re-redistribution;
but, subject to that, the withdrawal or as the case may be re-distribution shall take effect as specified in the notice.
11
For the purposes of this regulation, where a given producer’s sheep annual or suckler cow premium quota has been transferred and, by virtue of the operation of paragraphs (2) to (10), the quota holding of either the transferor or the transferee (or, if there is more than one transferee, either or any of them) might fall to be reduced, the derivation of retained and transferred quota shall be assumed to operate in such a way that the reduction shall so far as is consistent with the operation of those paragraphs —
a
affect the quota holding of the given producer in priority to that of any such transferee; and
b
where there is more than one such transferee, affect their quota holdings in proportion to the amounts of quota of the corresponding kind transferred to them by the given producer,
unless the Minister is satisfied that each person potentially so affected has agreed otherwise and that giving effect to the reduction in accordance with the agreement is consistent with the operation of those paragraphs, in which case the reduction shall affect the quota holding of any such person in accordance with the agreement.
12
For the purposes of paragraph (11), “reduction”, in relation to the quota holding of any person, means a reduction calculated without taking into account the award of any quota to him under regulation 5, and “reduced” shall be construed accordingly.
Quota surpluses
7
Where quota (none of which shall have been assigned to the division concerned in accordance with regulation 3(5) or paragraph (2) or (7) of regulation 6) remains in a division of the special quota reserve after —
a
each person successfully applying for quota from it in accordance with regulation 4(2) has received the award to which he is entitled under regulation 5; and
b
(where appropriate) any surplus quota has been assigned from it in accordance with regulation 3(5),
the Minister with responsibility for the part of the United Kingdom in which the sensitive zone corresponding with that division is situated shall assign that remaining quota to the corresponding division of the national reserve for 1994.
Location of holdings
8
Regulation 3 of the 1993 Regulations (which determines the location of a producer’s holding which is not situated within a single sensitive zone) shall apply for the purposes of these Regulations as it applies for the purposes of those Regulations.
Verification of applications for awards of quota from the special quota reserve
9
1
For the purposes of verifying an application for an award of quota from the special quota reserve any duly authorised officer of the Ministry of Agriculture, Fisheries and Food (in the case of an application made to the Minister of Agriculture, Fisheries and Food), of the Secretary of State for Wales (in the case of an application made to that Minister), of the Secretary of State for Scotland (in the case of an application made to that Minister) or of the Department of Agriculture for Northern Ireland (in the case of an application made in Northern Ireland) shall on producing if so required some duly authenticated document showing his authority have the following powers —
a
at any reasonable time to enter any land other than land used only as a dwelling; and
b
(to such extent as is reasonable) to require the production of, to inspect, to take copies of and to detain any record (in whatever form) relevant to the application.
2
Any duly authorised person who enters land by virtue of paragraph (1)(a) may take with him such other persons as he considers necessary.
Offences and penalties
10
mdash;
1
Any person who in connection with these Regulations makes a statement or uses a document which he knows to be false in a material particular or recklessly makes a statement or uses a document which is false in a material particular shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
2
Any person who intentionally obstructs any officer such as is specified in paragraph (1) of regulation 9 in the exercise of his powers under that regulation shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Revocations
11
Regulation 13A(15) of and Part V of Schedule 2 to the 1993 Regulations are hereby revoked.
Tony Baldry
Minister of State, Ministry of Agriculture, Fisheries and Food
10th January 1996
Lindsay
Parliamentary Under Secretary of State, Scottish Office
10th January 1996


text:
Citation and commencement
1
These Regulations may be cited as the National Park Authorities (Levies) (England) (Amendment) Regulations 1996 and shall come into force on 28th November 1996.
Apportionment
2
In regulation 4(3) of the National Park Authorities (Levies) (England) Regulations 1996 , insert “local authority” before “members of the National Park authority”.
Signed by authority of the Secretary of State for the Environment 27th November 1996
David Curry
Minister of State,
Department of the Environment


text:
1
These Regulations may be cited as the Occupational Pension Schemes (Transitional Provisions) (Amendment No. 2) Regulations 1996, shall come into force on 13th January 1997 but shall take effect as from 1st January 1997.
2
In regulation 4ZA(2)(b)(ii) of the Occupational Pension Schemes (Transitional Provisions) Regulations 1988 for the words “on or after 1996” there shall be substituted the words “on or after 1st January 1997”.
A M W Battishill
G H Bush
Two of the Commissioners of Inland Revenue
20th December 1996


text:
Title and commencement
1
These Regulations may be cited as the Beef (Marketing Payment) (No. 2) Regulations 1996 and shall come into force on 3rd December 1996.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“the appropriate Minister” means —
a
in relation to England, the Minister of Agriculture, Fisheries and Food; and
b
in relation to Scotland, Wales and Northern Ireland, the Secretary of State;
“authorised person” means a person (whether or not an officer of the Minister or the Secretary of State) who is authorised by the appropriate Minister, either generally or specially, to act in matters arising under these Regulations;
“beef producer” means a producer within the meaning of Article 4(a) of Council Regulation ( EEC ) No. 805/68 on the common organisation of the market in beef and veal;
“holding” has the meaning given by Article 4(a) of Council Regulation (EEC) No. 805/68 ;
“movement record”, in relation to a bovine animal, means a record made for the purposes of recording the movement of the animal to or from a holding;
“payment” means a payment under these Regulations; and
“the specified period”, for the purposes of regulation 5, is the period of four years beginning on the date on which an application for payment was delivered to the appropriate Minister.
2
Except in so far as the context otherwise requires, any reference in these Regulations to a numbered regulation shall be construed as a reference to the regulation bearing that number in these Regulations.
Payment
3
1
Subject to the following provisions of these Regulations, the appropriate Minister may make a payment to a beef producer in respect of any heifer, steer or bull —
a
kept prior to 20th March 1996 on a holding belonging to that producer;
b
either —
i
sold by that producer after 30th June 1996 and before 1st October 1996 for slaughter for human consumption; or
ii
slaughtered by that producer or on his behalf after 19th March 1996 and before 1st October 1996 for sale for human consumption;
c
for which no payment was made under the Beef (Marketing Payment) Regulations 1996 ; and
d
the carcase of which was, at the date of slaughter, within category A, B, C, or E as defined in Council Regulation (EEC) No. 1208/81 determining the Community scale for the classification of carcases of adult bovine animals.
2
A payment may be made at such time and in such amount as the appropriate Minister may determine.
Applications for payment
4
1
An application for payment shall be in such form, and shall contain such particulars and be accompanied by such documents relating to the application, as the appropriate Minister may require.
2
A beef producer who applies for payment shall deliver his application to the appropriate Minister by 8th January 1997.
Records
5
A beef producer shall, in relation to any animal for which he has applied for payment, retain for the specified period any account, bill, invoice, movement record, slaughter record, receipt, sales note, voucher or other record relating to that animal.
Powers of authorised persons
6
1
An authorised person may, at all reasonable hours and on producing, if so required, some duly authenticated document showing his authority, exercise the powers specified in this Regulation —
a
for any purpose relating to the processing of an application for payment; or
b
for the purpose of ascertaining whether any offence under these Regulations has been or is being committed.
2
An authorised person may enter any land, other than land used solely as a private dwelling-house, which is, or which he has reasonable cause to believe to be, land currently or formerly occupied by or in the possession of —
a
an applicant for payment; or
b
a person who holds or who has been the holder of a licence under the Fresh Meat (Hygiene and Inspection) Regulations 1995 .
3
An authorised person who has entered any land by virtue of paragraph (2) above may —
a
inspect and count any bovine animals on the land and read the ear-tags of any such animal; and
b
inspect any account, bill, invoice, movement record, slaughter record, receipt, sales note, voucher or other record relating to any bovine animal.
4
An authorised person entering any land by virtue of paragraph (2) above may take with him such other persons as he considers necessary.
5
An authorised person may —
a
require an applicant for a payment, or any employee, servant or agent of such a person, to produce any account, bill, invoice, movement record, slaughter record, receipt, sales note, voucher or other record relating to any animal for which an application for payment has been made, and to supply such additional information in that person’s possession, custody or power relating to any such animal as the authorised person may reasonably request;
b
where any account, bill, invoice, movement record, slaughter record, receipt, sales note, voucher or other record relating to any animal for which an application for payment has been made is kept by means of a computer, have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with any such records;
c
require that copies of, or extracts from, any account, bill, invoice, movement record, slaughter record, receipt, sales note, voucher or other record relating to any animal for which an application for payment has been made be produced; and
d
seize and retain any such record which he has reason to believe may be required as evidence in proceedings under these Regulations and, where any such record is kept by means of a computer, require it to be produced in a form in which it may be taken away.
Assistance to authorised persons
7
An applicant for payment and any employee, servant or agent of such a person, shall give to an authorised person such assistance as he may reasonably request to enable him to exercise any power conferred by regulation 6.
Recovery of payment
8
Where a payment has been made —
in respect of an animal which does not satisfy the requirements of regulation 3; or
to a person who, in making the application for payment, or in furnishing any information in connection with the application, has made a statement which is false, misleading or incomplete in any material respect,
the appropriate Minister shall be entitled to recover on demand from the recipient of the payment the whole or any part of the payment.
Rate of interest
9
Except where the appropriate Minister recovers from any applicant a payment or part of a payment paid to that applicant as a result of an error of that Minister, he may charge interest on any payment recovered under regulation 8 at the rate of one percentage point above the sterling three months London Interbank Offered Rate on a day to day basis for the period from the date of payment to the date of reimbursement by the applicant.
Offences and penalties
10
1
It shall be an offence for a person —
a
without reasonable excuse, to fail to comply with the provisions of regulation 5;
b
intentionally to obstruct an authorised person in the exercise of a power conferred by regulation 6; or
c
without reasonable excuse, to fail to comply with a request made under regulation 7.
2
It shall be an offence for a person knowingly or recklessly to furnish information which is false or misleading in a material particular —
a
in connection with any requirement imposed under regulation 6; or
b
for the purpose of obtaining for himself or another person the whole or part of any payment.
3
A person guilty of an offence under paragraph (1)(a) above shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
4
A person guilty of an offence under paragraphs (1)(b) or (c) or (2) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Time limit for prosecutions
11
1
Proceedings for an offence under regulation 10 may, subject to paragraph (2) below, be commenced within the period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge.
2
No such proceedings shall be commenced by virtue of this regulation more than four years after the commission of the offence.
3
For the purposes of this Regulation —
a
a certificate signed by or on behalf of the prosecutor and stating the date on which evidence sufficient in his opinion to warrant the proceedings came to his knowledge shall be conclusive evidence of that fact; and
b
a certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.
4
In relation to proceedings in Scotland, section 136(3) of the Criminal Procedure (Scotland) Act 1995 (date of commencement of proceedings) shall apply for the purposes of this Regulation as it applies for the purposes of that section.
Offences by bodies corporate
12
1
Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of —
a
any director, manager, secretary of other similar officer of the body corporate; or
b
any person who was purporting to act in any such capacity,
he, as well as the body corporate, shall be guilty of the offence and liable to be proceeded against and punished in accordance with regulation 10.
2
For the purposes of paragraph (1) above, “director”, in relation to a body corporate whose affairs are managed by its members, means a member of that body corporate.
3
Where an offence under these Regulations is committed in Scotland by a Scottish partnership and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he, as well as the partnership, shall be guilty of the offence and be liable to be proceeded against and punished in accordance with regulation 10.
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
28th November 1996
Lindsay
Parliamentary Under Secretary of State,
Scottish Office
29th November 1996


text:
1
This Scheme may be cited as the M62 (East) to M606 Link and Connecting Roads Scheme 1996 and shall come into force on 6th September 1996.
2
In this Scheme:
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the connecting road”
ii
“the link roads”
iii
“the plan”
iv
“the special roads”
3
The Secretary of State is authorised to provide special roads for the exclusive use of traffic of Classes I and II of the classes of traffic set out in Schedule 4 to the Highways Act 1980.
4
The centre line of the special roads is indicated by a heavy black line on the plan.
5
Each of the special roads shall become a trunk road on the date when this Scheme comes into force.
Signed by authority of the Secretary of State for Transport
R. R. Bineham
Director Northern Operations Division Highways Agency
12th August 1996


text:
Citation
1
This Order may be cited as the Environment Act (Commencement No. 6 and Repeal Provisions) Order 1996.
Provisions coming into force on 1st April 1997
2
The following provisions of the Environment Act 1995 shall come into force on 1st April 1997 —
section 78 insofar as it relates to paragraphs 10(2)(b), 22(2), (4)(c), (6) and (7), 27, 32(14) and 33(6) to (8), 35 (insofar as that paragraph is not already in force), and 38(2) of Schedule 10;
section 120(3) insofar as it relates to the repeal of the enactments mentioned in Schedule 24 to the Environment Act 1995 (to the extent specified in the third column of that Schedule) and listed in column (1) of the Schedule to this Order, insofar as those repeals are not already in force, subject to the exceptions indicated in column (2); and
paragraph 7(2) of Schedule 7.
Revocation
3
The following provisions of article 3 (provisions coming into force on 1st April 1996) of the Environment Act 1995 (Commencement No. 4 and Saving Provisions) Order 1995 are revoked with effect from 1st April 1997 —
in paragraph (1), the words “ — (1) Subject to paragraph (2),”; and
paragraph (2).
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State
Department of the Environment
7th October 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Central Manchester Development Corporation (Planning Functions) Order 1996 and shall come into force on 25th March 1996.
2
In this Order —
“the 1990 Act ” means the Town and Country Planning Act 1990;
“ the authority ” means the authority which, but for the Central Manchester Development Corporation (Planning Functions) Order 1988 , would be the local planning authority, within the meaning of section 336(1) of the 1990 Act;
“ the development area ” means the area designated as an urban development area by the Central Manchester Development Corporation (Area and Constitution) Order 1988 ; and
“ the development corporation ” means the Central Manchester Development Corporation.
Revocation of the planning functions and special development orders
2
The Central Manchester Development Corporation (Planning Functions) Order 1988 and the Town and Country Planning (Central Manchester Urban Development Area) Special Development Order 1989 are hereby revoked.
Transitional provisions in connection with planning functions
3
Anything which before the date of the coming into force of this Order was in the process of being done by, to or in relation to the development corporation in connection with any of the functions transferred to it under article 3 of the Central Manchester Development Corporation (Planning Functions) Order 1988 (planning functions of the development corporation) may be continued after that date by, to or in relation to the authority.
Liability for compensation in connection with planning functions; section 106 planning obligations
4
1
Where a right to compensation arises under section 107, 108, 115, 186, 203 or 204 of the 1990 Act or section 28 or 29 of the Planning (Listed Buildings and Conservation Areas) Act 1990 in consequence of action taken in relation to land within the development area by the development corporation, the Secretary of State shall be liable for any compensation which is payable.
2
Where the Secretary of State makes an order or serves a notice, as the case may be, under section 100, 104, 185 or 202 of, or paragraph 11 of Schedule 9 to, the 1990 Act in respect of a matter arising before the date of the coming into force of this Order, which relates to land within the development area, the Secretary of State shall be liable to pay any compensation arising from the order or notice.
3
A planning obligation entered into by agreement or otherwise under section 106 of the 1990 Act before the date of the coming into force of this Order which identifies the development corporation as the local planning authority by whom the obligation is enforceable shall after that date be enforceable by the authority.
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,
Department of the Environment
6th February 1996


text:
Citation and commencement
1
These Regulations may be cited as the Scottish Examination Board (Amendment No.2) Regulations 1996 and shall come into force on 19th August 1996.
Amendment of the Scottish Examination Board Regulations 1981
2
In regulation 13 of the Scottish Examination Board Regulations 1981 –
a
in paragraph (5), there shall be inserted after the word “land” the words “or where the Secretary of State has given consent under paragraph (7)”; and
b
after paragraph (6), there shall be inserted–
7
The Board shall have power to enter into all types of borrowing transaction not authorised by paragraphs (5) and (6), provided that in each case the Secretary of State has first consented to the terms of the borrowing instrument.
.
Raymond S Robertson
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
23rd July 1996


text:
Citation, Commencement and Application
1
1
This Order may be cited as the Cleveland (Staff Transfer) Order 1996 and shall come into force on 1st April 1996.
2
This Order makes provisions which are consequential or supplementary to the Cleveland (Structural Change) Order 1995.
Interpretation
2
In this Order —
“Cleveland district council” has the same meaning as in the Cleveland (Structural Change) Order 1995;
“contract of employment” means a contract under which a person works for another person whether under a contract of service or apprenticeship or otherwise but does not include a contract for services;
“designated list” means the list marked “The Cleveland (Staff Transfer) Order 1996 Designated List” which is signed by the Secretary of State for the Environment, one copy of which is deposited with each of the four Cleveland borough councils and one in the offices of the Secretary of State;
“employee” means a person employed under a contract of employment including a person employed under a fixed term contract the expiry date of which is after 31st March 1996, but does not include a person whose employment is on a temporary basis and who on 31st March 1996 has had a continuous period of employment (when calculated in accordance with section 151 of, and Schedule 13 to, the Employment Protection (Consolidation) Act 1978 ) of less than two years.
Transfer of Staff
3
1
This article shall apply to any employee (a “designated employee”) —
a
who immediately before 1st April 1996 (“the reorganisation date”) was employed by the Cleveland County Council;
b
whose employment would continue but for the abolition of that council; and
c
whose name is mentioned, or who falls within a class or description of employees which is mentioned, in the designated list.
2
The contract of employment of a designated employee shall not be terminated on the reorganisation date but shall have effect —
a
in the case of an employee who falls within a class or description of employees mentioned in any section of Part I of the designated list as if originally made between that employee, and the borough council mentioned at the head of that section;
b
in the case of an employee whose name is mentioned in any section of Part II of that list as if originally made between that employee, and the borough council mentioned at the head of that section.
3
This article is without prejudice to any provision of the Transfer of Undertakings (Protection of Employment) Regulations 1981.
Signed by authority of the Secretary of State
Paul Beresford
Parliamentary Under Secretary of State,
Department of the Environment
21st February 1996


text:
Citation and commencement
1
These Regulations may be cited as the Amusement Machine Licence Duty (Special Licences) Regulations 1996 and shall come into force on 1st July 1996.
Interpretation
2
In these Regulations —
“ the Act ” means the Betting and Gaming Duties Act 1981;
“qualified applicant” has the meaning given in regulation 3 below;
“special licence” means a special amusement machine licence.
Qualified applicants
3
1
No person shall apply for a special licence unless he is a qualified applicant.
2
A person is a qualified applicant if —
a
he is applying for at least ten special licences that will all take effect on the same day; or
b
he is the holder of one or more special licences and will be the holder of at least ten special licences that will all be in force on the day when any special licence he is applying for takes effect.
Directions concerning special licences
4
The Commissioners may by a notice they publish that has not been withdrawn by a further notice direct the holder of a special licence —
a
to display it in such manner and on such premises as the Commissioners see fit; and
b
to mark any machine to which it relates with such labels and marks as the Commissioners may require.
Application of Schedule 4 to the Act
5
1
Except as otherwise provided by this regulation, Schedule 4 to the Act shall apply to special licences as it applies to amusement machine licences granted with respect to premises.
2
Paragraphs 8(1) and 12 of that Schedule shall not apply to special licences.
3
Paragraph 11(1) of that Schedule shall not apply unless, if the special licence is surrendered, its holder will (having regard to any other special licences surrendered at the same time) hold at least ten, or cease to hold any, special licences.
D. J. Howard
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
5th June 1996


text:
Commencement and citation
1
This Order may be cited as the A501 Trunk Road (Camden and Islington) Red Route Experimental Traffic Order 1996, and shall come into force on 7th May 1996.
Interpretation
2
In this Order —
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route” 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 8 and 9, no person shall cause any vehicle to stop at any time in any lengths of the trunk road red route specified in schedule 4.
3
The controls specified in paragraphs (1) and (2) of this article do not apply in respect of any area of the trunk road red route specified in schedule 2A.
4
In this article “the restricted hours” means, in relation to a length of the trunk road red route specified in an item in column (2) of the table in schedule 1, the hours specified in that item in column (3) of that table.
Exemptions for parking
4
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
Miscellaneous exemptions for parking
5
1
Licensed taxi cabs: The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to be parked at the edge of the carriageway on a length of road specified in schedule 2D.
2
Coaches: The controls specified in article 3(1) do not apply in respect of a person causing a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver) or a local bus (as defined in article 8(4)) not so constructed or adapted, to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2E during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
3
Doctors' vehicles: The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2F during the hours specified in column (3) in that item, provided that —
a
there is displayed in the windscreen of the vehicle a badge issued by, or with the authority of, the Traffic Director for London to a medical practitioner, and which specifies —
i
the name of the person to whom it was issued, and
ii
the premises in relation to which it applies; and
b
the vehicle was parked by, or with the permission of, the person whose name is specified on the badge and for so long only as the person who parked the vehicle is engaged in work at the premises specified on the badge.
4
Solo motor bicycles: The controls specified in article 3(1) do not apply in respect of a person causing a motor bicycle without a side-car to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2G during the hours specified in column (3) in that item.
5
Ambulances: The provisions of article 3(1) do not apply in respect of a person causing an ambulance to be parked in an area of road bounded by a traffic sign authorised for the purpose of this exemption on a length of road specified in an item in column (2) of the table in schedule 2H. In this paragraph “ambulance” means a vehicle which is being used for the conveyance of sick, injured or disabled persons.
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 had elapsed since the vehicle was last parked on any part of the same length of road. a
Exemptions for disabled persons
7
1
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 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 disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 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 disabled person’s vehicle which displays a disabled person’s badge in the relevant position, and a parking disc on which is shown the time at which the period of parking began, to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item, for a period of up to 3 hours not being a period separated by an interval of less than 1 hour from a previous period when that vehicle was parked in that length of road.
Exemptions at bus stops and stands
8
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to which this article applies to stop at a bus stop (being an area of road bounded by a traffic sign which includes the words “bus stop”) for so long only as may be required to enable passengers to get on or off the vehicle or, in the case of a vehicle being used to provide a local service, for so long only as may be required for a change of crew.
2
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used to provide a local service to stop at a bus stand (being an area of road bounded by a traffic sign which includes the words “bus stand”) for so long only as may be required for timetabling reasons.
3
This article applies —
a
before 1 January 1997 to
i
a public service vehicle used for the provision of a local service or a scheduled express service,
ii
a school bus, and
iii
a works bus; and
b
after 31 December 1996 to
i
a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver), and
ii
a local bus not so constructed or adapted.
4
In this article “local bus” , “local service” , “scheduled express service” , “school bus” and “works bus” have the meanings given to those expressions in regulation 4 of the Traffic Signs Regulations and General Directions 1994 .
Other exemptions
9
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to stop if that person is —
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) and (2) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) and (2) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Power to modify or suspend this Order
10
If it appears to the Traffic Director for London, or some person authorised by him, essential in the interests of the expeditious, convenient and safe movement of traffic, or of the provision of suitable and adequate parking facilities on the highway, or for preserving or improving the amenities of the area through which any road affected by this Order runs, and after consulting with the Commissioner of Police of the Metropolis, he may modify or suspend any provision of this Order, save that no modification shall make an addition.
Suspension of existing Orders
11
1
Subject to paragraph (2) of this article, the Camden (Waiting and Loading Restriction) (No.2) Order 1993 and the Islington (Waiting and Loading Restriction) Order 1976 are hereby revoked, in so far as their provisions relate to any part of the trunk road red route.
2
The revocation specified in paragraph (1) of this article shall take effect in respect of any provision contained in the Camden (Waiting and Loading Restriction) (No.2) Order 1993 or the Islington (Waiting and Loading Restriction) Order 1976 only from the time at which the traffic sign indicating the effect of that provision has been obliterated.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
18th April 1996


text:
Citation, Commencement and Application
1
1
This Order may be cited as the Bath and North East Somerset District Council (Staff Transfer) Order 1996 and shall come into force on 1st April 1996.
2
This Order makes provisions which are consequential or supplementary to the Avon (Structural Change) Order 1995.
Interpretation
2
In this Order —
“contract of employment” means a contract under which a person works for another person whether under a contract of service or apprenticeship or otherwise but does not include a contract for services;
“employee” means a person employed under a contract of employment including a person employed under a fixed term contract the expiry date for which is after 31st March 1996, but does not include a person whose employment is on a temporary basis and who on 31st March 1996 has had a continuous period of employment (when calculated in accordance with section 151 of, and Schedule 13 to, the Employment Protection (Consolidation) Act 1978 ) of less than two years.
Transfer of Staff
3
1
This article shall apply to any employee (a “designated employee”) —
a
who immediately before 1st April 1996 (“the reorganisation date”) was employed by the Bath City Council or the Wansdyke District Council;
b
whose employment would continue but for the abolition of those two councils; and
c
who —
i
in the case of an employee of the Bath City Council, is employed in one of the departments or sections mentioned in Part I of Schedule 1 to this Order or is named in Part II of that Schedule, or
ii
in the case of an employee of the Wansdyke District Council, is not mentioned in Schedule 2 to this Order.
2
The contract of employment of a designated employee shall not be terminated on the reorganisation date but shall have effect as if originally made between that employee and the Bath and North East Somerset District Council.
3
This article is without prejudice to any provision of the Transfer of Undertakings (Protection of Employment) Regulations 1981.


text:
1
This Order may be cited as the Naval Discipline Act 1957 (Isle of Man) Order 1996 and shall come into force on 1st June 1996.
2
1
The Naval Discipline Act 1957 (“the 1957 Act ”) shall have effect in the Isle of Man subject to the modifications specified in Part I of the Schedule to this Order.
2
The provisions of —
a
the Naval Forces (Enforcement of Maintenace Liabilities) Act 1947 , and
b
section 10 and Part III of the Armed Forces Act 1991 (“the 1991 Act ”),
shall have effect subject to the modifications specified in Parts II and III respectively of the Schedule to this Order.
3
In relation to any reference to a law for the time being in force in the Isle of Man, the modifications made by this Order have effect for all purposes of the 1957 Act (and not only in the application of that Act to the Isle of Man).
N. H. Nicholls
Clerk of the Privy Council


text:
1
These Regulations may be cited as the Value Added Tax (Amendment) (No.5) Regulations 1996 and shall come into force on 17th December 1996.
2
Regulation 172 of the Value Added Tax Regulations 1995 shall be amended as follows —
a
after paragraph (1) there shall be added —
1A
Neither the whole nor any part of the consideration for a supply shall be taken to have been written off in accounts as a bad debt until a period of not less than six months has elapsed from the time when such whole or part first became due and payable to or to the order of the person who made the supply in question.
;
b
for paragraph (2) there shall be substituted —
2
Subject to paragraph (1A) the whole or any part of the consideration for a supply shall be taken to have been written off as a bad debt when an entry is made in relation to that supply in the refunds for bad debt account in accordance with regulation 168.
Martin Brown
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
26th November 1996


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Sea Fishing (Enforcement of Community Quota Measures) (Amendment) Order 1996 and shall come into force on 11 October 1996.
2
In this Order “the principal Order ” means the Sea Fishing (Enforcement of Community Quota Measures) Order 1996 .
Amendment of the principal Order
2
The principal Order shall be amended in accordance with articles 3 and 4 of this Order.
3
In article 2 of the principal Order —
a
for paragraph (1) there shall be substituted the following paragraph —
1
In this Order —
“British fishing boat” means a boat which is registered in the United Kingdom, the Isle of Man or any of the Channel Islands;
“Regulation 3074/95” means Council Regulation ( EC ) No. 3074/95 fixing, for certain fish stocks and groups of fish stocks, the total allowable catches for 1996 and certain conditions under which they may be fished as amended ;
“Regulation 1602/96” means Council Regulation (EC) No. 1602/96 fixing special management measures for North Sea herring and amending Regulation (EC) No. 3074/95 ;
“specified Community provision” means a provision of a regulation of the European Community referred to in column 1 of the Schedule to this Order which is specified in column 2 of that Schedule, opposite the reference to that regulation, as read with any qualifying words relating to that provision in that column.
;
b
at the end of the article there shall be inserted the following paragraph —
3
For the purpose of the prohibition contained in Article 1 of Regulation 1602/96 the harbours at which a fishing boat to which this Order applies may land catches of fish containing unsorted herring are —
a
Aberdeen;
b
Lerwick;
c
any other harbour within British fishery limits whose sampling systems a British sea-fishery officer at that harbour decides, having regard to the overall size and characteristics of the catch, to be adequate for the purpose following application by the master of the boat to a British sea-fishery officer at that harbour before the landing of the catch,
and where a British sea-fishery officer has made a decision as to the adequacy of a harbour in accordance with sub-paragraph (c) above he shall notify the master of the boat accordingly.
.
4
For the Schedule to the principal Order there shall be substituted the Schedule to this Order.
Tim Boswell
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
18th September 1996
Raymond Robertson
Parliamentary Under Secretary of State,
Scottish Office
17th September 1996
Signed by authority of the Secretary of State for Wales
Jonathan Evans
Parliamentary Under Secretary of State,
Welsh Office
18th September 1996
Denton
Secretary of State for Northern Ireland
19th September 1996


text:
1
This Order may be cited as the Double Taxation Relief (Taxes on Income) (Venezuela) Order 1996.
2
It is hereby declared —
a
that the arrangements specified in the Convention set out in Part I of the Schedule to this Order and in the Exchange of Notes constituting an Agreement set out in Part II of that Schedule have been made with the Government of the Republic of Venezuela with a view to affording relief from double taxation in relation to income tax, corporation tax or capital gains tax and taxes of a similar character imposed by the laws of Venezuela;
b
that those arrangements include provisions with respect to the exchange of information necessary for carrying out the domestic laws of the United Kingdom and the laws of Venezuela concerning taxes covered by the arrangements including, in particular, provisions about the prevention of fiscal evasion with respect to those taxes; and
c
that it is expedient that those arrangements should have effect.
N. H. Nicholls
Clerk of the Privy Council


text:
1
This Order may be cited as the Closure of Prisons (H.M. Prison Oxford) Order 1996 and shall come into force on 7th September 1996.
2
The prison known as H.M. Prison Oxford and situate in the county of Oxfordshire shall close on the coming into force of this Order.
Timothy Kirkhope
Parliamentary Under-Secretary of State
Home Office
14th August 1996


text:
Commencement and citation
1
This Order may be cited as the A41 Trunk Road (Barnet) Red Route (Clearway) (No. 3) Traffic Order 1996, and shall come into force on 19th March 1996.
Interpretation
2
In this Order —
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route clearway” means the lengths of road specified in column (2) of the table in schedule 1;
f
“vehicle” includes part of a vehicle; and
g
an entry in column (3), (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule.
General prohibition of stopping
3
1
Subject to the provisions of paragraph (2) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop at any time in the trunk road red route clearway.
2
Not taken up.
Exemptions for parking
4
Not taken up.
Miscellaneous exemptions for parking
5
1
Not taken up.
2
Not taken up.
3
Not taken up.
4
Not taken up.
Exemptions for loading and unloading
6
Not taken up.
Exemptions for disabled persons
7
1
Not taken up.
2
Not taken up.
3
Not taken up.
Exemptions at bus stops and stands
8
1
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to which this article applies to stop at a bus stop (being an area of road bounded by a traffic sign which includes the words “bus stop”) for so long only as may be required to enable passengers to get on or off the vehicle or, in the case of a vehicle being used to provide a local service, for so long only as may be required for a change of crew.
2
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle being used to provide a local service to stop at a bus stand (being an area of road bounded by a traffic sign which includes the words “bus stand”) for so long only as may be required for timetabling reasons.
3
This article applies —
a
before 1 January 1997 to
i
a public service vehicle used for the provision of a local service or a scheduled express service,
ii
a school bus, and
iii
a works bus; and
b
after 31 December 1996 to
i
a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver), and
ii
a local bus not so constructed or adapted.
4
In this article “local bus”, “local service”, “scheduled express service”, “school bus” and “works bus” have the meanings given to those expressions in regulation 4 of the Traffic Signs Regulations and General Directions 1994 .
Other exemptions
9
1
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to stop if that person is —
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Revocation or variation of existing Orders
10
1
Subject to paragraph (2) of this article, the Barnet (Waiting and Loading Restrictions) (Special Parking Areas) Order 1994 and the Barnet (Waiting and Loading Restrictions) (Priority Routes and Side Roads) Order 1994 are hereby suspended, in so far as their provisions relate to any part of the trunk road red route.
2
The suspension specified in paragraph (1) of this article shall take effect in respect of any provision contained in the Barnet (Waiting and Loading Restrictions) (Special Parking Areas) Order 1994 and the Barnet (Waiting and Loading Restrictions) (Priority Routes and Side Roads) Order 1994 only from the time at which the traffic sign indicating the effect of that provision has been obliterated.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
15th March 1996


text:
Citation and commencement
1
These Regulations may be cited as the Local Government Changes for England (Property Transfer and Transitional Payments) (Amendment) (No. 2) Regulations 1996 and shall come into force on 5th December 1996.
Amendment of Regulations
2
1
The Local Government Changes for England (Property Transfer and Transitional Payments) Regulations 1995 shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 19 (disputes) , in paragraphs (1) and (2), for “a section 17 order”, in both places where the expression occurs, substitute “any other relevant instrument”.
3
In regulation 21 (designated authorities: recovery of expenditure and distribution of surpluses), in paragraph (1), for the words from “an authority” to “authority)” substitute “where, pursuant to a provision of a relevant instrument, an authority is the designated authority in relation to any such provision, that authority”.
4
In paragraph 1 of the Schedule (transitional payments) —
a
in sub-paragraph (1), after the definition of “relevant capital receipts” insert–
“relevant PCL ” means any amount set aside by the relevant authority (whether voluntarily or pursuant to a requirement under Part IV of the 1989 Act) as provision to meet credit liabilities and not applied as mentioned in section 64 of that Act (use of amounts set aside to meet credit liabilities);
; and
b
in sub-paragraph (2), delete “and” at the end of paragraph (e) and after paragraph (f) add–
and
g
any reference to the credit ceiling of a local authority on any day is a reference to that authority’s credit ceiling on that day as determined under Part III of Schedule 3 to the 1989 Act (credit ceiling).
5
In paragraph 4 of the Schedule for “The second” substitute “Subject to paragraph 4A below, the second”.
6
After that paragraph insert —
4A
Where the condition in paragraph 4B below is fulfilled, the second calculation shall be–
( I + J + K + KK ) - ( L + M )
where,
I, J, K, L and M have the same meaning as in paragraph 4 above and KK is an amount in respect of relevant PCL determined in accordance with paragraph 5A below.
4B
The condition mentioned in paragraph 4A above is that the relevant authority, on the day immediately before the reorganisation date, had a credit ceiling which is a negative amount and no money outstanding by way of borrowing other than–
a
short-term borrowing (within the meaning of section 45(6) of the 1989 Act); or
b
borrowing undertaken before 24th August 1995 (other than by the issue of stock on or after 15th December 1993) from a person who is not one of the following–
i
the Public Works Loan Board;
ii
the Bank of England;
iii
the European Investment Bank;
iv
a body mentioned in any of paragraphs 1 to 17, 28 or 29 of Part II of the Schedule to the Local Authorities (Capital Finance) (Approved Investments) Regulations 1990;
v
an authorised institution within the meaning of the Banking Act 1987; or
vi
a building society within the meaning of the Building Societies Act 1986.
7
After paragraph 5 of the Schedule insert —
5A
1
Subject to paragraph (2) below, the amount of KK shall be determined in such manner as the designated authority and the participant authority may agree or, in default of such agreement, in accordance with the formula —
( KB - KC ) × d D
where —
KB is an amount equal to the lesser of —
the total of the item in the final accounts which relates to relevant PCL; or
the amount by which the relevant authority’s credit ceiling on the day immediately before the reorganisation date is less than nil;
KC is the aggregate of amounts determined in accordance with paragraph 5B below in respect of any credit arrangements entered into by the relevant authority at any time before the reorganisation date and in respect of which rights and liabilities exist on that date (“existing credit arrangements”); and
D and d have the same meaning as in paragraph 2 above.
2
The amount of KK determined in a manner agreed between the designated authority and the participant authority shall not exceed such amount as is determined in accordance with the formula —
KB - KC
where
KB and KC have the same meanings as in paragraph (1) above.
5B
For the purposes of item KC, the amount in respect of each existing credit arrangement shall be determined in accordance with the formula —
( kd + ke + kf + kg ) - kh
where —
kd is the amount which is the aggregate of —
any amount of the usable part of capital receipts which the relevant authority applied in relation to the existing credit arrangement as mentioned in paragraph (b) of subsection (3) of section 50 of the 1989 Act (credit cover for credit arrangements); and
any amount set aside from a revenue account by that authority in relation to that credit arrangement as mentioned in paragraph (c) of that subsection;
ke is the aggregate of amounts determined in respect of notional interest on the existing credit arrangement for the purposes of paragraph 15(1)(b) of Schedule 3 to the 1989 Act for each financial year (“relevant year”) beginning with the financial year immediately following the financial year in which the existing credit arrangement concerned was entered into and ending with the final year;
kf is the total of principal amounts for each relevant year; and, for these purposes, a principal amount for a relevant year is so much of the amount in respect of principal referred to in paragraph 15(1)(a) of Schedule 3 to the 1989 Act for that year as the designated authority and the participant authority agree is attributable to the existing credit arrangement or, in default of such agreement, as the designated authority determines to be so attributable;
kg is the amount which is the aggregate of —
the amount by which the total amounts shown in the accounts of the relevant authority for each relevant year as amounts set aside from a revenue account as provision to meet credit liabilities in relation to the existing credit arrangement (otherwise than in accordance with a determination under paragraph (c) of subsection (3) of section 50 of the 1989 Act) exceeds the amount which is the principal amount for that year for the purposes of item kf above; and
the total of amounts shown in such accounts as the usable part of capital receipts applied as provision to meet credit liabilities in relation to the existing credit arrangement (otherwise than as mentioned in paragraph (b) of that subsection); and
kh is the aggregate of amounts shown in the accounts of the relevant authority for each relevant year as amounts applied under section 64(1)(b) of the 1989 Act in respect of the existing credit arrangement..
8
In paragraph 6A of the Schedule , in the definition of HC —
a
in sub-paragraphs (i)(a) and (ii)(a), for “by the formula (HA+HJ-HL-HM) above” substitute “for HA”; and
b
in sub-paragraphs (i)(b) and (ii)(b), for “the formula (HA+HJ-HL-HM) above” substitute “an amount for HA”.
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,
Department of the Environment
11th November 1996


text:
1
This Order may be cited as the Magistrates' Courts Committees (Bolton, Bury, Rochdale, Salford and Wigan) Amalgamation Order 1996 and shall come into force for the purposes of articles 2 and 4 on 1st April 1997 and for all other purposes on 1st May 1996.
2
The magistrates' courts committees for the five areas of Bolton, Bury, Rochdale, Salford and Wigan shall be abolished.
3
There shall be constituted as a body corporate a new magistrates' courts committee which shall be known as the North and West Greater Manchester magistrates' courts committee.
4
The area of the North and West Greater Manchester magistrates' courts committee shall consist of the five metropolitan districts of Bolton, Bury, Rochdale, Salford and Wigan.
5
The transitional and consequential provisions set out in the Schedule to this Order shall have effect in connection with the provisions of articles 2 and 3 of this Order.
Mackay of Clashfern, C.
29th March 1996


text:
Citation and commencement
1
This Order may be cited as the Social Security (Malta) Order 1996 and shall come into force on 1st September 1996.
Modification of the Social Security Administration Act 1992, the Social Security Contributions and Benefits Act 1992 and the Jobseekers Act 1995
2
The Social Security Administration Act 1992, the Social Security Contributions and Benefits Act 1992 and the Jobseekers Act 1995 and any regulations made or having effect thereunder shall be modified to such an extent as may be required to give effect to the provisions contained in the Convention set out in the Schedule to this Order so far as the same relate to England, Wales and Scotland.
Revocation and Variation of Orders
3
1
The National Insurance and Industrial Injuries (Malta) Order 1956 and the National Insurance and Industrial Injuries (Malta) Order 1958 are hereby revoked.
2
The references to the National Insurance and Industrial Injuries (Malta) Order 1956 and the National Insurance and Industrial Injuries (Malta) Order 1958 shall be omitted in Schedule 1 to the Social Security (Reciprocal Agreements) Order 1976 , the Schedule to the Social Security (Reciprocal Agreements) Order 1979 , the Schedule to the Social Security (Reciprocal Agreements) Order 1988 and Schedule 2 to the Social Security (Reciprocal Agreements) Order 1995 .
N.H. Nicholls
Clerk of the Privy Council