text:
Citation and commencement
1
These Regulations may be cited as the Dartford-Thurrock Crossing (Amendment) Regulations 1996 and shall come into force on September 1996.
Abnormal loads
2
For Parts I and II of the Table to Regulation 2 of the Dartford-Thurrock Crossing (Amendment) Regulations 1995 (“the 1995 Regulations ”) there shall be substituted the following: —
PART I
Time of Commencement of Passage Charge
Overall width Greater than 2.75 metres and not more than 6.1 metres Passage commencing after 06.00 hours and before 22.00 hours £38 Greater than 2.75 metres and not more than 6.1 metres Passage commencing on or after 22.00 hours and on or before 06.00 hours £18 Greater than 6.1 metres At any time £173 Overall length Greater than 18.3 metres and not more than 27.4 metres Passage commencing after 06.00 hours and before 22.00 hours £38 Greater than 18.3 metres and not more than 27.4 metres Passage commencing on or after 22.00 hours and on or before 06.00 hours £18 Greater than 27.4 metres At any time £173 Total weight of vehicle Greater than 150,000 kilograms At any time £173
PART II
Time of Commencement of Passage Charge
Overall width Greater than 3.65 metres and not more than 6.1 metres Passage commencing after 06.00 hours and before 22.00 hours £38 Greater than 3.65 metres and not more than 6.1 metres Passage commencing on or after 22.00 hours and on or before 06.00 hours £18 Greater than 6.1 metres At any time £173 Overall length Greater than 27.4 metres At any time £173 Total weight of vehicles Greater than 150,000 kilograms At any time £173
Dangerous goods
3
In regulation 3 of the 1995 Regulations for the reference to the booklet entitled “Dangerous Traffic”, 8th edition issued in 1995, there shall be substituted a reference to the 9th edition of that booklet issued in 1996.
Removal of statutory vehicles
4
For the table to regulation 4 of the 1995 Regulations there shall be substituted the following table:
(1) (2) Minimum Charge Additional Charge
Motor cycle & combinations £8 £3 Vehicles with two axles — which could not be removed otherwise than by a large breakdown vehicle £53 £17 in any other case £31 £10 Vehicles with more than two axles £105 £35
Signed by authority of the Secretary of State for Transport
John Bowis
Parliamentary Under-Secretary of State,
Department of Transport
5th August 1996


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the British Waterways Board (Sheffield and Tinsley Canal) (Reclassification) Order 1996 and shall come into force on 6th November 1996.
Reclassification of the Sheffield and Tinsley Canal
2
In Part II of Schedule 12 to the Transport Act 1968 (cruising waterways), after the entry relating to the Ripon Canal, there shall be inserted the following entry: —
The Sheffield and Tinsley Canal from its commencement at the Sheffield Canal Basin to its junction with the Sheffield and South Yorkshire Navigation at the tail of the bottom lock at Tinsley.
Signed by authority of the Secretary of State
Robert Jones
Minister of State,
Department of the Environment
7th October 1996


text:
Citation and commencement
1
1
This Order may be cited as the Deregulation (Insurance Companies Act 1982) Order 1996.
2
This Order shall come into force on 23rd December 1996.
Interpretation
2
In this Order, “the 1982 Act ”means the Insurance Companies Act 1982.
Statement of long term business
3
1
In the 1982 Act —
a
section 18(3) (which requires an insurance company to which Part II of the Act applies and which carries on long term business to prepare a statement of its long term business at least once in every period of five years), and
b
section 42(1)(c) (power of the Secretary of State to require a statement of a company’s long term business to be prepared as at a specified date),
are hereby repealed.
2
In consequence of paragraph (1) above, that Act shall be amended as follows —
a
in section 18(5), the words “or statement”are hereby repealed, and
b
in section 42 —
i
in subsection (1), at the end of paragraph (a), there shall be inserted “and”and, at the end of paragraph (b), the word “and”is hereby repealed,
ii
in subsection (3), the words “or statement”, in both places, are hereby repealed, and
iii
in subsection (4), the words “or statement”are hereby repealed.
Statement of connected persons
4
1
Subsection (2) of section 22 of the 1982 Act (which requires that there should be deposited with the Secretary of State a statement of the names of certain persons connected with an insurance company to which Part II of that Act applies, and of their connection with the company) is hereby repealed.
2
In subsection (3) of that section, the words “or (2)”are hereby repealed.
3
In subsection (5) of that section, for “subsections (1) and (2)”there shall be substituted “subsection (1)”.
4
In subsection (1)(a) of section 23 of that Act (right of shareholders and policy holders to receive copies of deposited documents), the words “or (2)”are hereby repealed.
5
In subsection (1) of section 24 of that Act (deposit of accounts etc. by registered society), for “to which subsections (1) and (2) of that section apply”there shall be substituted “to which subsection (1) of that section applies”.
6
In paragraph (a) of section 66 of that Act (documents deposited in Northern Ireland), the words “22(2)”are hereby repealed.
7
In subsection (4)(a) of section 71 of that Act (offences under Part II), the words “or (2)”are hereby repealed.
8
In subsection (2) of section 82 of that Act (industrial assurance business), the word “(2)”is hereby repealed.
Deposit of accounts etc with Secretary of State
5
1
In section 22(1) of the 1982 Act (which requires an insurance company to which Part II of the Act applies to deposit five copies of certain printed documents with the Secretary of State) for “five copies”there shall be substituted “the required copies of the document”.
2
After subsection (1) of that section there shall be inserted —
1A
In subsection (1) above, the reference to the required copies, in relation to a document, is to —
a
five printed copies of the document, or
b
one printed copy of the document and one copy of it in a form approved for the purposes of this subsection by the Secretary of State.
3
In subsection (3) of that section (which requires one copy of any deposited document, except an auditor’s report, to be signed by such persons as may be prescribed) —
a
for “One of the copies”there shall be substituted “In the case”, and
b
for “shall be a copy”there shall be substituted “one of the printed copies, or, as the case may be, the printed copy, of the document shall be”.
4
In subsection (4) of that section (which requires one copy of a deposited auditor’s report to be signed by the auditor) —
a
for “One of the copies”there shall be substituted “In the case”, and
b
for “shall be a copy”there shall be substituted “one of the printed copies, or, as the case may be, the printed copy, of the report shall be”.
5
In section 24(1) of that Act (which refers to copies deposited under section 22(1)) the word “five”is hereby repealed.
Actuarial investigations
6
1
Section 42 of that Act (actuarial investigations) shall be amended as follows.
2
In subsection (4) (which requires five copies of any abstract made in pursuance of a requirement under the section to be deposited by the company concerned with the Secretary of State and that one of the copies be signed) —
a
for “Five”there shall be substituted “The required”, and
b
the words from “and one of those copies”to the end are hereby repealed.
3
After that subsection there shall be inserted —
5
In subsection (4) above, the reference to the required copies, in relation to any abstract, is to —
a
three copies of the abstract, or
b
one printed copy of the abstract and one copy of it in a form approved for the purposes of this subsection by the Secretary of State.
6
Where copies of any abstract are required under subsection (4) above to be deposited with the Secretary of State, one of the copies or, as the case may be, the printed copy shall be signed by the person required to sign copies of abstracts made under section 18 above which are deposited under section 22 above.
Industrial assurance business
7
In section 82 of the 1982 Act (industrial assurance business) after subsection (3) there shall be inserted —
3A
In its application by virtue of subsection (3) above, section 22 above shall have effect with the following modifications —
a
in subsection (1), for “the required copies of the document”there shall be substituted “two printed copies”,
b
subsection (1A) shall be omitted,
c
in subsection (3), for “In the case”there shall be substituted “One of the copies”and for “one of the printed copies, or as the case may be, the printed copy, of the document shall be”there shall be substituted “shall be a copy”, and
d
in subsection (4), for “In the case”there shall be substituted “One of the copies”and for “one of the printed copies, or, as the case may be, the printed copy of the report shall be”there shall be substituted “shall be a copy”.
Anthony Nelson,
Minister for Trade,
Department of Trade and Industry
7th August 1996


text:
Citation and commencement
1
This Order may be cited as the St James’s and Seacroft University Hospitals National Health Service Trust (Establishment) Amendment Order 1996, and shall come into force on 7th April 1996.
Amendment of Establishment Order
2
For Article 3 of the St James’s and Seacroft University Hospitals National Health Service Trust (Establishment) Order 1994 there shall be substituted the following Article: —
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions shall be —
a
to own and manage under section 5(1)(a) of the Act hospital accommodation and services provided at the Seacroft Hospital, York Road, Leeds LS14 6OM (including the management of its teaching and research facilities);
b
to provide and manage under section 5(1)(b) of the Act hospital accommodation and services at St James’s University Hospital, Beckett Street, Leeds LS9 7TF and associated hospitals (including the management of their teaching and research facilities); and
c
to manage under section 5(1)(b) of the Act community health services provided from the St James’s University Hospital, Beckett Street, Leeds LS9 7TF, and to own the associated premises.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State,
Department of Health
28th March 1996


text:
Citation and commencement
1
1
This Order may be cited as the Runnymede and Spelthorne (Borough Boundaries) Order 1996.
2
This Order shall come into force for the purposes of article 2(2) on 26th July 1996, for the purposes referred to in paragraph (3) below on 1st February 1997 and for all other purposes on 1st April 1997.
3
The purposes mentioned in paragraph (2) above are those of all proceedings preliminary or related to any local government election to be held on or after 1st April 1997.
Interpretation
2
1
In this Order —
“electoral division” means an electoral division of the county of Surrey;
“the map” means the map prepared by the Department of the Environment, marked “Map of the Runnymede and Spelthorne (Borough Boundaries) Order 1996” and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 ;
“Runnymede” means the borough of Runnymede;
“Spelthorne” means the borough of Spelthorne; and
any reference to a ward is a reference to a ward of the borough from or to which an area is transferred by this Order.
2
For the purposes of any statutory instrument made under Part II of the Local Government Act 1992 (local government changes for England) —
a
1st April 1997 is specified as the reorganisation date; and
b
the period beginning with the date on which this paragraph comes into force and ending immediately before the reorganisation date is specified as the preliminary period.
Transfer from Runnymede to Spelthorne
3
The area marked B3 on the map shall be transferred from Runnymede, the Chertsey Meads ward, the Chertsey electoral division and the Surrey police area to —
a
Spelthorne;
b
the Shepperton Town ward;
c
the Shepperton electoral division; and
d
the Metropolitan Police District;
and shall remain unparished.
Transfers from Spelthorne to Runnymede
4
1
The areas marked B1, B2 and B4 on the map shall be transferred from —
a
Spelthorne to Runnymede; and
b
the Metropolitan Police District to the Surrey police area;
and shall remain unparished.
2
The area marked B1 on the map shall be transferred from the Staines Town ward and the Staines electoral division to the Hythe Ward and the Egham South electoral division.
3
The area marked B2 on the map shall be transferred from the Laleham ward and the Laleham and Shepperton Green electoral division to the Chertsey St. Ann’s ward and the Chertsey electoral division.
4
The area marked B4 on the map shall be transferred from the Shepperton Town ward and the Shepperton electoral division to the Addlestone Bourneside ward and the Addlestone electoral division.
Signed by authority of the Secretary of State
Paul Beresford
Parliamentary Under-Secretary of State,
Department of the Environment
27th June 1996


text:
Citation, commencement and extent
1
1
This Order may be cited as the United Nations Arms Embargoes (Somalia, Liberia and Rwanda) (Channel Islands) Order 1996 and shall come into force on 21st December 1996.
2
This Order shall extend to the Channel Islands so as to be law, respectively, in the Bailiwick of Guernsey and in the Bailiwick of Jersey only.
Interpretation
2
1
In this Order the following expressions have the meanings hereby respectively assigned to them, that is to say —
“Chief Revenue Officer” and “States Revenue Officer” —
in the application of this Order to the Bailiwick of Guernsey, have the meanings they bear in the Customs and Excise (General Provisions) (Bailiwick of Guernsey) Law, 1972, as amended;
in the application of this Order to the Bailiwick of Jersey, mean the Agent of the Impâts (including the Deputy Agent of the Impâts and any person duly authorised by the Agent of the Impâts);
“commander”, in relation to an aircraft, means the member of the flight crew designated as commander of the aircraft by the operator thereof, or failing such a person, the person who is for the time being in charge or command of the aircraft;
“enactment” includes an enactment of the States of Guernsey or Alderney, the Chief Pleas of Sark, or the States of Jersey;
“export” includes shipment as stores and, in relation to any ship, submersible vehicle or aircraft, includes the taking out of the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey of the ship, submersible vehicle or aircraft notwithstanding that it is conveying goods or passengers and whether or not it is moving under its own power; and cognate expressions shall be construed accordingly;
“Her Majesty’s Procureur” includes Her Majesty’s Comptroller;
“master”, in relation to a ship, includes any person (other than a pilot) for the time being in charge of the ship;
“officer of police” means —
in relation to Guernsey, Herm and Jethou, a member of the salaried police force of the Island of Guernsey and, within the limits of his jurisdiction, a member of the special constabulary of the Island of Guernsey;
in relation to Alderney, a member of the said police force and a member of any police force which may be established by the States of Alderney; and
in relation to Sark, the Constable, the Vingtenier and a member of the said police force of the Island of Guernsey;
in relation to the Bailiwick of Jersey, a member of the Honorary Police or a member of the States of Jersey Police Force;
“operator”, in relation to an aircraft or vehicle, means the person for the time being having the management of the aircraft or vehicle;
“owner”, where the owner of a ship is not the operator, means the operator and any person to whom it is chartered;
“person connected with a prohibited destination” means —
the Government of any territory comprised within a prohibited destination;
any other person in, or resident in, a prohibited destination;
any body incorporated or constituted under the law of any part of a prohibited destination;
any body, wherever incorporated or constituted, which is controlled by a person or body mentioned in any of sub-paragraphs (a) to (c) above; and
any person acting on behalf of any person or body mentioned in any of sub-paragraphs (a) to (d) above;
“prohibited desgination” means Somalia, Liberia or Rwanda;
“prohibited goods” means —
goods of a description specified in Group 1 of Part III of Schedule 1 to the Export of Goods (Control) Order 1994 ; and
goods which are or may be intended, wholly or in part, to be used in connection with the development, production, handling, operation, maintenance, storage, detection, identification or dissemination of chemical, biological or nuclear weapons or the development, production, maintenance or storage of missiles capable of delivering such weapons;
“ship”, “shipment” (and cognate expressions) and “stores” —
in the application of this Order to the Bailiwick of Guernsey have the meanings they bear in the Customs and Excise (General Provisions) (Bailiwick of Guernsey) Law, 1972, as amended;
in the application of this Order to the Bailiwick of Jersey have the meanings they bear in the Customs and Excise (General Provisions) (Jersey) Law, 1972.
2
Any reference to a provision of an Act of Parliament or a statutory instrument shall —
a
in the application of this Order to the Bailiwick of Guernsey, in the case of a provision which has been extended to that jurisdiction, be construed as a reference to that provision as it has effect there;
b
in the application of this Order to the Bailiwick of Jersey, in the case of a provision which has been extended to that jurisdiction, be construed as a reference to that provision as it has effect there;
and, in any other case, be construed as a reference to that provision as it has effect in the United Kingdom.
Deliveries and supplies of certain goods to a prohibited destination
3
1
Except under the authority of a licence granted under this article —
a
in the case of the Bailiwick of Guernsey by Her Majesty’s Procureur;
b
in the case of the Bailiwick of Jersey by the Finance and Economics Committee,
no person shall supply or deliver, agree to supply or deliver, or do any act likely to promote the supply or delivery of, prohibited goods —
i
to a prohibited destination;
ii
to, or to the order of, a person connected with a prohibited destination; or
iii
to any destination for the purpose of delivery, directly or indirectly, to a prohibited destination, or to, or to the order of, a person connected with a prohibited destination.
2
The provisions of this article shall apply to any person within the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey, and to any person elsewhere who —
a
is a British citizen, a British Dependent Territories citizen, a British Overseas citizen, a British subject or a British protected person and is ordinarily resident in the Bailiwick of Guernsey or, as the case may be, in the Bailiwick of Jersey;
b
is a body incorporated or constituted under the law of the Bailiwick of Guernsey or, as the case may be, of the Bailiwick of Jersey.
3
Subject to the provisions of paragraph (4) of this article, any person specified in paragraph (2) of this article who contravenes the provisions of paragraph (1) of this article shall be guilty of an offence under this Order.
4
In the case of proceedings for an offence in contravention of paragraph (1) of this article it shall be a defence for the accused person to prove —
a
that he did not know and had no reason to suppose that the goods in question were prohibited goods; or
b
that he did not know and had no reason to suppose that the goods were to be delivered or supplied to a prohibited destination or to, or to the order of, a person connected with a prohibited destination.
5
Paragraph (1) of this article shall not apply to prohibited goods delivered or supplied to a prohibited destination by or on behalf of the United Nations or the peacekeeping forces of the Economic Community of West African States.
6
Nothing in so much of paragraph (1) of this article as relates to the agreement to supply or doing any act likely to promote the supply or delivery of prohibited goods shall apply where the supply or delivery of the goods to the person concerned is authorised by a licence granted by Her Majesty’s Procureur or, as the case may be, by the Finance and Economics Committee under this article.
Customs powers to demand evidence of destination which goods reach
4
Any exporter or shipper of prohibited goods which have been exported from the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey shall, if so required by the relevant Chief Revenue Officer, furnish within such time as that Officer may allow proof to his satisfaction that the goods have reached either —
a
a destination to which they were authorised to be supplied or delivered by a licence granted under this Order; or
b
a destination to which their supply or delivery was not prohibited by this Order;
and, if the exporter or shipper fails to do so —
i
in the case of the Bailiwick of Guernsey, he shall be guilty of an offence under this Order and liable on conviction to a fine not exceeding level 5 on the uniform scale;
ii
in the case of the Bailiwick of Jersey, he shall be guilty of an offence under this Order and liable on conviction to a fine,
unless he proves that he did not consent to or connive at the goods reaching any destination other than a destination to which sub-paragraph (a) or (b) above applies.
Offences in connection with applications for licences, conditions attaching to licences, etc.
5
1
If for the purpose of obtaining any licence under this Order any person —
a
makes any statement or furnishes any document or information which to his knowledge is false in a material particular; or
b
recklessly makes any statement or furnishes any document or information which is false in a material particular,
he shall be guilty of an offence under this Order.
2
Any person who has done any act under the authority of a licence granted under this Order by Her Majesty’s Procureur in the case of the Bailiwick of Guernsey, or by the Finance and Economics Committee in the case of the Bailiwick of Jersey, and who fails to comply with any condition attaching to that licence shall be guilty of an offence under this Order:
Provided that no person shall be guilty of an offence under this paragraph where he proves that the condition with which he failed to comply was modified, otherwise than with his consent, by Her Majesty’s Procureur or, as the case may be, the Finance and Economics Committee after the doing of the act authorised by the licence.
Declaration as to goods: powers of search
6
1
Any person who is about to leave the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey shall, if he is required to do so by a States Revenue Officer —
a
declare whether or not he has with him any prohibited goods; and
b
produce any prohibited goods which he has with him,
and such Officer, and any person acting under this directions, may search that person for the purpose of ascertaining whether he has with him any such goods:
Provided that no person shall be searched in pursuance of this paragraph except by a person of the same sex.
2
Any person who, without reasonable excuse —
a
refuses to make a declaration;
b
fails to produce any goods; or
c
refuses to allow himself to be searched,
in accordance with any provision of this article, shall be guilty of an offence under this Order.
3
Any person who for the purposes of any provision of this article makes a declaration which to his knowledge is false in a material particular or recklessly makes any declaration which is false in a material particular shall be guilty of an offence under this Order.
Carriage of certain goods destined for a prohibited destination
7
1
Without prejudice to the generality of article 3 of this Order, no ship or aircraft to which this article applies, and no vehicle within the Bailiwick of Guernsey or the Bailiwick of Jersey shall be used for the carriage of prohibited goods —
a
which is, or forms part of, carriage from any place outside a prohibited destination to any place therein; or
b
to, or to the order of, a person connected with a prohibition destination,
except under the authority of a licence granted under article 3 of this Order or of a licence granted this article, in the case of the Bailiwick of Guernsey by Her Majesty’s Procureur or, in the case of the Bailiwick of Jersey by the Finance and Economics Committee.
2
This article applies to ships registered in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey, or in the United Kingdom, to aircraft registered in the United Kingdom, and to any other ship or aircraft which is for the time being chartered to any person who is —
a
a British citizen, a British Dependent Territories citizen, a British overseas citizen, a British subject, or a British protected person and is ordinarily resident in the Bailiwick of Guernsey or, as the case may be, in the Bailiwick of Jersey; or
b
a body incorporated or constituted under the law of the Bailiwick of Guernsey or, as the case may be, the law of the Bailiwick of Jersey.
3
Subject to paragraph (4) below, if any ship, aircraft or vehicle is used in contravention of paragraph (1) of this article —
a
in the case of a ship registered in the Bailiwick of Guernsey, the Bailiwick of Jersey or the United Kingdom, or any aircraft registered in the United Kingdom, the owner and the master of the ship or, as the case may be, the operator and the commander of the aircraft;
b
in the case of any other ship or aircraft, the person to whom the ship or aircraft is for the time being chartered and, if he is such a person as is referred to in sub-paragraph (a) or (b) of paragraph (2) of this article, the master of the ship or, as the case may be, the operator and the commander of the aircraft;
c
in the case of a vehicle, the operator of the vehicle,
shall be guilty of an offence under this Order unless he proves that he did not know and had no reason to suppose that the carriage of the goods in question was, or formed part of, carriage from any place outside a prohibited destination to any place therein or to, or to the order of, any person connected with a prohibited destination.
4
In the case of proceedings for an offence in contravention of paragraph (3) above, it shall be a defence for the accused person to prove that he did not know and had no reason to suppose that the goods in question were prohibited goods.
5
Nothing in this article shall be construed so as to prejudice any other enactment or rule of law prohibiting or restricting the use of ships, aircraft or vehicles.
Investigation, etc. of suspected ships, aircraft and vehicles
8
1
Where any authorised officer (which for the purposes of paragraphs (1) to (3) of this article means any such officer, other than a Departmental officer, as is referred to in section 284(1) of the Merchant Shipping Act 1995 ) has reason to suspect that any ship to which article 7 of this Order applies has been or is being or is about to be used in contravention of paragraph (1) of that article, he may —
a
request the master of the ship to furnish such information relating to the ship and her cargo and produce for his inspection such documents so relating and such cargo as he may specify; and the master shall comply with any such request;
b
either alone or accompanied and assisted by persons under his authority, board the ship and search her and, for that purpose, may use or authorise the use of reasonable force;
c
either there and then or upon consideration of any information furnished or document or cargo produced in pursuance of a request under sub-paragraph (a) above, in the case of a ship that is reasonably suspected of being used or of being about to be used in contravention of article 7 of this Order, exercise the further powers described in paragraph (2) of this article with a view to the prevention of the commission (or the continued commission) of any such contravention or in order that enquiries into the matter may be pursued.
2
Under sub-paragraph (c) of paragraph (1) of this article, the authorised officer may either direct the master to refrain, except with the consent of an authorised officer, from landing at any port specified by the officer any part of the ship’s cargo that is so specified or request the master to take any one or more of the following steps —
a
to cause the ship not to proceed with the voyage on which she is then engaged or about to engage until the master is notified by any authorised officer that the ship may so proceed;
b
if the ship is then in a port in the Bailiwick of Guernsey or, as the case may be, the Bailwick of Jersey, to cause her to remain there until the master is notified by any authorised officer that the ship may depart;
c
if the ship is then in any other place, to take her to any such port specified by the officer and to cause her to remain there until the master is notified as mentioned in sub-paragraph (b) of this paragraph;
d
to take her to any other destination that may be specified by the officer in agreement with the master;
and the master shall comply with any such request or direction.
3
Without prejudice to the provisions of paragraph (11) of this article, where —
a
a master refuses or fails to comply with a request made under this article that his ship shall or shall not proceed to or from any place; or
b
an authorised officer otherwise has reason to suspect that such a request that has been so made may not be complied with,
any authorised officer may take such steps as appear to him to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, may for that purpose enter upon, or authorise entry upon, that ship and use, or authorise the use of, reasonable force.
4
Where —
a
in the case of the Bailiwick of Guernsey, any States Revenue Officer or any person authorised by Her Majesty’s Procureur for that purpose (either generally or in a particular case);
b
in the case of the Bailiwick of Jersey, the Bailiff or any person authorised by the Bailiff for that purpose (either generally or in a particular case),
has reason to suspect that any aircraft to which article 7 of this Order applies has been or is being or is about to be used in contravention of paragraph (1) of that article, he may —
i
request the charterer, the operator and the commander of the aircraft or any of them to furnish such information relating to the aircraft and its cargo and produce for his inspection such documents so relating and such cargo as he may specify, and the charterer, the operator and the commander shall comply with any such request;
ii
either alone or accompanied and assisted by persons under his authority, board the aircraft and search it and, for that purpose, may use or authorise the use of reasonable force; and
iii
if the aircraft is then in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey, either there and then or upon consideration of any information furnished or document or cargo produced in pursuance of a request under sub-paragraph (a) above, further request the charterer, operator and the commander or any of them to cause the aircraft to remain in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey until notified that the aircaft may depart; and the charterer, the operator and the commander shall comply with any such request.
5
Without prejudice to the provisions of paragraph (11) of this article, where any of the persons mentioned in sub-paragraph (a) or (b) of paragraph (4) of this article has reason to suspect that any request that an aircraft should remain in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey that has been made under sub-paragraph (iii) of that paragraph may not be complied with, he may take such steps as appear to him to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, may for that purpose —
a
enter, or authorise entry upon any land and upon that aircraft;
b
detain, or authorise the detention of, that aircraft; and
c
use, or authorise the use of, reasonable force.
6
Where —
a
in the case of the Bailiwick of Guernsey, any States Revenue Officer or any person authorised by Her Majesty’s Procureur for that purpose (either generally or in a particular case);
b
in the case of the Bailiwick of Jersey, the Bailiff or any person authorised by the Bailiff for that purpose (either generally or in a particular case),
has reason to suspect that any vehicle in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey has been or is being or is about to be used in contravention of paragraph (1) of article 7 of this Order, he may request the operator and driver of the vehicle or either of them —
i
to furnish such information relating to the vehicle and any goods contained in it, and produce for his inspection such documents so relating and such goods as he may specify; and the operator and the driver shall comply with any such request; and
ii
either alone or accompanied and assisted by persons under his authority, board the vehicle and search it and, for that purpose, may use or authorise the use of reasonable force; and
iii
either there and then or upon consideration of any information furnished or document or goods produced in pursuance of a request under sub-paragraph (a) above, further require the operator or driver to cause the vehicle to remain in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey until notified that the vehicle may depart; and the operator and the driver shall comply with any such request.
7
Without prejudice to the provisions of paragraph (11) of this article, where any person mentioned in sub-paragraph (a) or (b) of paragraph (6) of this article has reason to suspect that any request that a vehicle should remain in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey that has been made under sub-paragraph (iii) of that paragraph may not be complied with, he may take such steps as appear to him to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, may for that purpose —
a
enter, or authorise entry upon any land and upon that vehicle;
b
detain, or authorise the detention of, that vehicle; and
c
use, or authorise the use of, reasonable force.
8
A person authorised by Her Majesty’s Procureur or, as the case may be, the Bailiff, to exercise any power for the purposes of paragraph (4), (5), (6) or (7) of this article shall, if requested to do so, produce evidence of his authority before exercising that power.
9
No information furnished or document produced by any person in pursuance of a request made under this article shall be disclosed except —
a
with the consent of the person by whom the information was furnished or the document was produced:
Provided that a person who has obtained information or is in possession of a document only in his capacity as servant or agent of another person may not give consent for the purposes of this sub-paragraph but such consent may instead be given by any person who is entitled to that information or to the possession of that document in his own right;
b
to any person who would have been empowered under this article to request that it be furnished or produced or to any person holding or acting in any office under or in the service of the Crown in respect of the Government of the United Kingdom or under or in the service of the States of Guernsey or Alderney or the Chief Pleas of Sark or, as the case may be, under or in the service of the States of Jersey; or
c
on the authority of Her Majesty’s Procureur in the case of the Bailiwick of Guernsey, or of the Bailiff in the case of the Bailiwick of Jersey, to any organ of the United Nations or to any person in the service of the United Nations or of the Government of any other country for the purpose of assisting the United Nations or that Government in securing compliance with or detecting evasion of measures in relation to Somalia, Liberia or Rwanda decided upon by the Security Council of the United Nations; or
d
with a view to the institution of, or otherwise for the purposes of, any proceedings for an offence under this Order or, with respect to any of the matters regulated by this Order, for an offence under any enactment relating to customs or an offence against any provision of law with respect to similar matters which is for the time being in force in the Bailiwick of Guernsey or in the Bailiwick of Jersey.
10
Any power conferred by this article to request the furnishing of information of the production of a document or of cargo for inspection shall include a power to specify whether the information should be furnished orally or in writing and in what form and to specify the time by which and the place in which the information should be furnished or the document or cargo produced for inspection.
11
Each of the following persons shall be guilty of an offence under this Order, that is to say —
a
a master of a ship who disobeys any direction given under paragraph (1) of this article with respect to the landing of any cargo;
b
a master of a ship or a charterer or an operator or a commander of an aircraft or an operator or driver of a vehicle who —
i
without reasonable excuse, refuses or fails within a reasonable time to comply with any request made under this article by any person empowered to make it; or
ii
wilfully furnishes false information or produces false documents to such a person in response to such a request;
c
a master or a member of a crew of a ship or a charterer or an operator or a commander or a member of a crew of an aircraft who wilfully obstructs any person exercising powers conferred by or under this article (or any person acting under the authority of such a person) in the exercise of those powers.
12
Nothing in this article shall be construed so as to prejudice any other enactment or rule of law conferring powers or imposing restrictions or enabling restrictions to be imposed with respect to ships, aircraft or vehicles.
Obtaining of evidence and information
9
The provisions of the Schedule to this Order shall have effect in order to facilitate the obtaining of evidence and information for the purpose of securing compliance with or detecting evasion of this Order and in order to facilitate the obtaining of evidence of the commission of an offence under this Order or, with respect to any of the matters regulated by this Order, of an offence under any enactment relating to customs or of an offence against any provision of law with respect to similar matters which is for the time being in force in the Bailiwick of Guernsey or in the Bailiwick of Jersey.
Penalties and Proceedings
10
1
Any person guilty of an offence under paragraph (3) of article 3 or paragraph (3) of article 7 of this Order shall be liable —
a
in the Bailiwick of Guernsey —
i
on conviction on indictment to imprisonment for a term not exceeding seven years or to a fine or to both; or
ii
on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both;
b
in the Bailiwick of Jersey, on conviction to imprisonment for a term not exceeding seven years or to a fine or to both.
2
Any person guilty of an offence under sub-paragraph (b)(ii) of paragraph (11) of article 8 of this Order or sub-paragraph (b) or (d) of paragraph 5 of the Schedule to this Order shall be liable —
a
in the Bailiwick of Guernsey —
i
on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or both;
ii
on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both;
b
in the Bailiwick of Jersey, on conviction to imprisonment for a term not exceeding two years or to a fine or to both.
3
Any person guilty of an offence under paragraph (1) or (2) of article 5 of this Order shall be liable —
a
in the Bailiwick of Guernsey —
i
on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or both;
ii
on summary conviction to a fine not exceeding the statutory maximum;
b
in the Bailiwick of Jersey, on conviction to imprisonment for a term not exceeding two years or to a fine or to both.
4
Any person guilty of an offence under sub-paragraph (2) of article 6 of this Order shall be liable —
a
in the Bailiwick of Guernsey, on summary conviction to a fine not exceeding level 5 on the uniform scale;
b
in the Bailiwick of Jersey, on conviction to a fine.
5
Any person guilty of an offence under any of sub-paragraphs (a), (b)(i) or (c) of paragraph (11) of article 8 of this Order or sub-paragraph (a) or (c) of paragraph 5 of the Schedule to this Order shall be liable —
a
in the Bailiwick of Guernsey, on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the uniform scale or to both;
b
in the Bailiwick of Jersey, on conviction to imprisonment for a period not exceeding six months or to a fine or to both.
6
Where any body corporate is guilty of an offence under this Order, 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, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence, and shall be liable to be proceeded against and punished accordingly.
7
Summary proceedings in the Bailiwick of Guernsey and any proceedings in the Bailiwick of Jersey for an offence under this Order, being an offence alleged to have been committed outside the Bailiwick in question, may be commenced at any time not later than 12 months from the date on which the person charged first enters that Bailiwick after committing the offence.
8
Proceedings against any person for an offence under this Order may be taken before the appropriate court in the place where that person is for the time being in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey.
9
In the Bailiwick of Jersey, no proceedings for an offence under this Order shall be instituted except by, or with the consent of, the Attorney General for Jersey:
Provided that this paragraph shall not prevent the arrest, or the issue or execution of a warrant for the arrest, of any person in respect of such an offence, or the remand in custody or on bail of any person charged with such an offence, notwithstanding that the necessary consent to the institution of proceedings for that offence has not been obtained.
Exercise of powers of Her Majesty’s Procureur
11
1
In the case of the Bailiwick of Guernsey, Her Majesty’s Procureur, and in the case of the Bailiwick of Jersey, the Finance and Economics Committee, may, to such extent and subject to such restrictions and conditions as they may think proper, delegate or authorise the delegation of any of their powers under this Order to any person, or class or description or persons, approved by them, and references in this Order to Her Majesty’s Procureur or, as the case may be, to the Finance and Economics Committee, shall be construed accordingly.
2
Any licence granted under this Order may be either general or special, may be subject to or without conditions, may be limited so as to expire on a specified date unless renewed, and may be varied or revoked by the authority which granted it.
Miscellaneous
12
This Order applies to or in relation to any ship aircraft or any body corporate which purports to be registered in any particular place or, as the case may be, which purports to be incorporated or constituted under the law of any particular place, as it applies to or in relation to any ship or aircraft that is so registered or any body corporate that is so incorporated or constituted.
N. H. Nicholls
Clerk of the Privy Council


text:
Title and commencement
1
This Order may be cited as the European Parliamentary (United Kingdom Representatives) Pensions (Amendment) Order 1996 and shall come into force on 4th July 1996, but shall have effect from 1st April 1995.
Interpretation
2
1
In this Order —
“the principal Order ” means the European Parliamentary (United Kingdom Representatives) Pensions (Consolidation and Amendment) Order 1994 ;
and other expressions shall have the same meaning as in the principal Order.
2
In this Order, except where the context otherwise requires —
a
a reference to a numbered article is a reference to the article of this Order so numbered; and
b
a reference in an article or in the Schedule to a numbered paragraph is a reference to the paragraph of that article or of the Schedule so numbered; and
c
a reference in a paragraph to a numbered sub-paragraph is a reference to the sub-paragraph of that paragraph so numbered.
Adjustment in reckonable service
3
For article 6 of the principal Order there shall be substituted the following —
6
1
Subject to paragraph (2), to articles 22, 25(7) and 27, and to Schedule 7, any period during which a person was or is a participant is a period of reckonable service.
2
In the case of a participant in service on 1st April 1995, the following adjustments shall where relevant be made to his aggregate period of reckonable service —
a
where his aggregate period of reckonable service includes service —
i
an application to purchase which, under the provisions of Schedule 7 (Purchase of added years), was accepted by the Managers before 31st August 1985; or
ii
attributable to a direction under article 24(2)(b) (Transfers from other pension schemes) made before that date,
the period of such service shall be multiplied by five-sixths;
b
where he applied to purchase added years pursuant to paragraph 14 of Schedule 3 to the European Parliament (United Kingdom Representatives) Pensions Order 1980 , the number purchased shall be multiplied by two-fifths.
Increase in accrual rate
4
Article 7 of the principal Order shall be amended by inserting in paragraph (11), after “means”, the words “, subject to paragraph (11A) below” and by inserting after that paragraph the following paragraph —
11A
In the case of a participant in service on 1st April 1995, in paragraph (2) of this article “the appropriate fraction” means one-fiftieth or, in the case of part of a year, the fraction which bears to one-fiftieth the same proportion as the number of days in that part of a year bears to three hundred and sixty-five.
Increased accrual rate: consequential provisions
5
The Schedule to this Order shall have effect in relation to a participant in service on 1st April 1995 whose aggregate period of reckonable service includes service before 20th July 1983 or service which falls to be adjusted under article 6(2).
Gratuity on death in service
6
In article 16 of the principal Order —
a
in paragraph (2)(a) for the words “the individual”, there shall be substituted the words “the person or persons”;
b
in paragraph (2)(b), after the words “at that time”, there shall be inserted the words “or, pursuant to paragraph (3) below, to the extent that a nomination is treated as not being in force,”;
c
after paragraph (2), there shall be inserted the following paragraph —
2A
Where a participant nominates more than one person for the purposes of this article, he may also specify the proportion of the gratuity to be granted to each such person.
;
d
in paragraph (3), immediately after the words “at the time of the nominator’s death”, there shall be inserted the words “to the extent that”;
e
in paragraphs (3)(a) and (b), the word “if” at the beginning shall in each case be deleted and for the words “the individual”, wherever they appear, there shall be substituted the words “any person”;
f
in paragraphs (5)(a) and (6) for the word “twice” there shall be substituted the words “three times”.
Gratuity on death after retirement
7
In relation to any person in respect of whom the Treasury may pay a gratuity under article 16 of the principal Order and who has not been a participant at any time on or after 1st April 1995, the amount of the gratuity referred to in article 17(3)(a) shall be calculated as if the substitution effected by article 6(f) above had not been effected.
Tony Newton
Lord President of the Council
10th June 1996


text:
Citation and interpretation
1
1
This Order may be cited as the Pensions Act 1995 (Commencement No. 3) Order 1996.
2
In this Order, references to “the Act” are references to the Pensions Act 1995 and, except where the context otherwise requires, references to sections and Schedules are references to sections of, and Schedules to, the Act.
Appointed days
2
1
The day appointed for the coming into force of the provisions specified in Part I of the Schedule to this Order, for the purpose only of authorising the making of orders, is 13th March 1996.
2
The day appointed for the coming into force of the provisions specified in Part II of the Schedule to this Order —
a
for the purpose only of authorising the making of regulations, is 13th March 1996; and
b
for all other purposes, is 1st April 1996.
3
The day appointed for the coming into force of the provisions specified in Part III of the Schedule to this Order, is 6th April 1996.
4
The day appointed for the coming into force of the provisions specified in Part IV of the Schedule to this Order, is 6th April 1996.
5
The day appointed for the coming into force of —
a
the provisions specified in Part V of the Schedule to this Order, for the purpose only of authorising the making of regulations, is 6th April 1996;
b
sections 118 and 125, for the purpose only of authorising the making of regulations relating to those provisions of Part I of the Act specified in Part V of the Schedule to this Order, is 6th April 1996; and
c
sections 21(3), 68 and 117, for the purpose only of any transitional provision contained in regulations made under sections 16 to 21 (member-nominated trustees and directors), is 6th October 1996.
6
The day appointed for the coming into force of section 149 (hybrid occupational pension schemes), for the purpose only of authorising the making of regulations, is 1st June 1996.
7
The day appointed for the coming into force of section 136 (new requirements for contracted-out schemes), insofar as not already in force, is 6th April 1997 and such day is designated as the principal appointed day for the purposes of Part III of the Act.
Signed by authority of the Secretary of State for Social Security.
Oliver Heald
Parliamentary Under-Secretary of State,
Department of Social Security
12th March 1996


text:
PART I
GENERAL
Citation and commencement
1
These Regulations may be cited as the Social Security Benefit (Computation of Earnings) Regulations 1996 and shall come into force on 25th November 1996.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“adjudicating authority” means any person or body with responsibility under the Social Security Administration Act 1992, and regulations made thereunder, for the determination of claims for benefit and questions arising in connection with a claim for, or award of, or disqualification for receiving benefits;
“benefit week” means —
any period of 7 days corresponding to the week in respect of which the relevant social security benefit is due to be paid, and, where appropriate in respect of payments due to be paid before that week,
the period of 7 days ending on the day before the first day of the first such week following the date of claim or any one of the consecutive periods of seven days prior to that period;
“board and lodging accommodation” means —
accommodation provided to a person or, if he is a member of a family, to him or any other member of his family, for a charge which is inclusive of the provision of that accommodation and at least some cooked or prepared meals which both are cooked or prepared (by a person other than the person to whom the accommodation is provided or a member of his family) and are consumed in that accommodation or associated premises; or
accommodation provided to a person in a hotel, guest house, lodging house or some similar establishment,
except accommodation provided by a close relative of his or of any other member of his family, or other than on a commercial basis;
“claim” means a claim for a benefit, pension or allowance under Parts II to V of the Contributions and Benefits Act ;
“claimant” means a person claiming a benefit, pension or allowance under Parts II to V of the Contributions and Benefits Act and includes a claimant’s spouse or partner and any adult in respect of whom a claim for an increase in benefit is made under Part IV of that Act;
“close relative” means a parent, parent-in-law, son, son-in-law, daughter, daughter-in-law, step-parent, step-son, step-daughter, brother, sister, or the spouse of any of the preceding persons or, if that person is one of an unmarried couple, the other member of that couple;
“the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992;
“couple” means a married or an unmarried couple;
“Crown property” means property held by Her Majesty in right of the Crown or by a government department or which is held in trust for Her Majesty for the purposes of a government department, except (in the case of an interest held by Her Majesty in right of the Crown) where the interest is under the management of the Crown Estate Commissioners;
“date of claim” means the date on which the claimant makes, or is treated as making, a claim for a benefit, pension or allowance for the purposes of regulation 6 of the Social Security (Claims and Payments) Regulations 1987 ;
“dwelling occupied as the home” means the dwelling together with any garage, garden and outbuildings, normally occupied by the claimant as his home including any premises not so occupied which it is impracticable or unreasonable to sell separately, in particular, in Scotland, any croft land on which the dwelling is situated;
“earnings” has the meaning prescribed in regulation 9 or, as the case may be, 12, and for the purposes only of sections 80, 82 to 86A and 89 of, and paragraphs 4, 6 and 7 of Schedule 7 to, the Contributions and Benefits Act includes payments by way of occupational or personal pension within the meaning of section 122 of the Contributions and Benefits Act (interpretation);
“employed earner” means a person who is in gainful employment in Great Britain under a contract of service, or in an office (including elective office) with emoluments chargeable to income tax under Schedule E and includes —
a person in any employment which would be such employment if it were in Great Britain, and
a person in any such employment which, in accordance with the provisions of the Contributions and Benefits Act and of any regulations made thereunder, is to be disregarded in relation to liability for contributions;
“employment” includes any trade, business, profession, office or vocation;
“invalid carriage or other vehicle” means a vehicle propelled by petrol engine or by electric power supplied for use on the road and to be controlled by the occupant;
“lone parent” means a person who has no partner and who is responsible for, and a member of the same household as, a child within the meaning of section 142 of the Contributions and Benefits Act (meaning of “child”);
“lower rate” where it relates to rates of tax has the same meaning as in the Income and Corporation Taxes Act 1988 by virtue of section 832(1) of that Act;
“maternity leave” means a period during which a woman is absent from work because she is pregnant or has given birth to a child, and at the end of which she has a right to return to work either under the terms of her contract of employment or under Part VIII of the Employment Rights Act 1996 ;
“net earnings” means such earnings as are calculated in accordance with regulation 10(4);
“net profit” means such profit as is calculated in accordance with regulation 13(4);
“occupational pension scheme” has the same meaning as in section 1 of the Pension Schemes Act 1993 ;
“partner” means where a claimant —
is a member of a married or an unmarried couple, the other member of that couple;
is married polygamously to two or more members of his household, any such member;
“payment” includes a part of a payment;
“pay period” means the period in respect of which a claimant is, or expects to be, normally paid by his employer, being a week, a fortnight, four weeks, a month or other shorter or longer period as the case may be;
“personal pension scheme” has the same meaning as in section 1 of the Pension Schemes Act 1993 and, in the case of a self-employed earner, includes a scheme approved by the Inland Revenue under Chapter IV of Part XIV of the Income and Corporation Taxes Act 1988;
“polygamous marriage” means any marriage during the subsistence of which a party to it is married to more than one person and the ceremony of marriage took place under the law of a country which permits polygamy;
“relevant earnings limit” means the amount of a claimant’s earnings in excess of which the benefit, supplement, allowance, pension or increase in question is not payable;
“retirement annuity contract” means a contract or trust scheme approved under Chapter III of Part XIV of the Income and Corporation Taxes Act 1988;
“self-employed earner” means a person who is in gainful employment in Great Britain otherwise than as an employed earner and includes —
a person in any employment which would be such employment if it were in Great Britain, and
a person in any such employment which, in accordance with the provisions of the Contributions and Benefits Act and of any regulations made thereunder, is to be disregarded in relation to liability for contributions;
“voluntary organisation” means a body, other than a public or local authority, the activities of which are carried on otherwise than for profit;
“week” means a period of 7 days and for the purposes of section 80 of, and paragraph 4(6) of Schedule 7 to, the Contributions and Benefits Act, a period of 7 days being the relevant benefit week;
“year of assessment” has the meaning prescribed in section 832(1) of the Income and Corporation Taxes Act 1988.
2
In these Regulations, unless the context otherwise requires, a reference —
a
to a numbered regulation or Schedule is to the regulation in or Schedule to these Regulations bearing that number;
b
in a regulation or Schedule to a numbered paragraph is to the paragraph in that regulation or Schedule bearing that number;
c
in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number.
Calculation of earnings
3
1
For the purposes of Parts II to V (other than those of Schedule 8) of the Contributions and Benefits Act and of any regulations made thereunder which relate to benefit under those Parts of that Act or regulations, the earnings of a claimant shall be calculated by determining in accordance with these Regulations the weekly amount of his earnings.
2
The amount of a claimant’s earnings for any period shall be the whole of those earnings (including any earnings which he is treated as possessing under regulation 4 (notional earnings)) except in so far as regulations 10 and 13 provide that certain sums shall be disregarded or deducted as appropriate.
Notional earnings
4
1
Where a claimant’s earnings are not ascertainable at the date of the determination of the claim or of any subsequent review the adjudicating authority shall treat the claimant as possessing such earnings as is reasonable in the circumstances of the case having regard to the number of hours worked and the earnings paid for comparable employment in the area.
2
Where —
a
a claimant performs a service for another person; and
b
that person makes no payment of earnings or pays less than that paid for a comparable employment in the area, the adjudicating authority shall treat the claimant as possessing such earnings (if any) as is reasonable for that employment unless the claimant satisfies the adjudicating authority that the means of that person are insufficient for him to pay or to pay more for the service; but this paragraph shall not apply to a claimant who is engaged by a charitable or voluntary organisation or is a volunteer if the adjudicating authority is satisfied in any of those cases that it is reasonable for him to provide his services free of charge.
3
Where a claimant is treated as possessing any earnings under paragraph (1) or (2) these Regulations shall apply for the purposes of calculating the amount of those earnings as if a payment had actually been made and as if they were actual earnings which he does possess except that paragraph (4) of regulation 10 (calculation of net earnings of employed earners) shall not apply and his net earnings shall be calculated by taking into account the earnings which he is treated as possessing, less —
a
an amount in respect of income tax equivalent to an amount calculated by applying to those earnings the lower rate or, as the case may be, the lower rate and the basic rate of tax in the year of assessment less only the personal relief to which the claimant is entitled under sections 257(1), 257A(1) and 259 of the Income and Corporation Taxes Act 1988 (personal reliefs) as is appropriate to his circumstances; but, if the period over which those earnings are to be taken into account is less than a year, the earnings to which the lower rate of tax is to be applied and the amount of the personal relief deductible under this paragraph shall be calculated on a pro rata basis;
b
where the weekly amount of those earnings equals or exceeds the lower earnings limit, an amount representing primary Class 1 contributions under the Contributions and Benefits Act, calculated by applying to those earnings the initial and main primary percentages in accordance with section 8(1)(a) and (b) of that Act ; and
c
one half of any sum payable by the claimant in respect of a pay period by way of a contribution towards an occupational or personal pension scheme.
Rounding of fractions
5
Where any calculation under these Regulations results in a fraction of a penny that fraction shall, if it would be to the claimant’s advantage, be treated as a penny, otherwise it shall be disregarded.
PART II
EMPLOYED EARNERS
Calculation of earnings of employed earners
6
1
Earnings derived from employment as an employed earner shall be calculated or estimated over a period determined in accordance with the following paragraphs and at a weekly amount determined in accordance with regulation 8 (calculation of weekly amount of earnings).
2
Subject to paragraphs (3) and (5) to (8), the period over which a payment is to be taken into account —
a
in a case where it is payable in respect of a period, shall be a period equal to a benefit week or such number of benefit weeks as comprise the period commencing on the date on which earnings are treated as paid under regulation 7 (date on which earnings are treated as paid) and ending on the day before the date on which earnings of the same kind (excluding earnings of the kind mentioned at regulation 9(1)(a) to (j)) and from the same source would, or would if the employment was continuing, next be treated as paid under that regulation;
b
in any other case, shall be a period equal to such number of weeks as is equal to the number (less any fraction of a whole number) calculated in accordance with the formula —
P Q + R
where —
P is the net earnings;
Q is the amount of the relevant earnings limit plus one penny; and
R is the total of the sums which would fall to be disregarded or deducted as appropriate under regulation 10(2) or (3) (calculation of net earnings of employed earners),
and that period shall begin on the date on which the payment is treated as paid under regulation 7 (date on which earnings are treated as paid).
3
Where earnings not of the same kind are derived from the same source and the periods in respect of which those earnings would, but for this paragraph, fall to be taken into account overlap, wholly or partly, those earnings shall be taken into account over a period —
a
equal to the aggregate length of those periods, and
b
beginning with the earliest date on which any part of those earnings would otherwise be treated as paid under regulation 7 (date on which earnings are treated as paid).
4
In a case to which paragraph (3) applies, earnings under regulation 9 (earnings of employed earners) shall be taken into account in the following order of priority —
a
earnings normally derived from the employment;
b
any payment to which paragraph (1)(b) or (c) of that regulation applies;
c
any payment to which paragraph (1)(i) of that regulation applies;
d
any payment to which paragraph (1)(d) of that regulation applies.
5
Where earnings to which regulation 9(1)(b) to (d) (earnings of employed earners) applies are paid in respect of part of a day, those earnings shall be taken into account over a period equal to a week.
6
Where earnings to which regulation 9(1)(i)(i) (earnings of employed earners) applies are paid in respect of or on the termination of any employment which is not part-time employment, the period over which they are to be taken into account shall be —
a
a period equal to such number of weeks as is equal to the number (less any fraction of a whole number) obtained by dividing the net earnings by the maximum weekly amount which, on the date on which the payment of earnings is made, is specified in section 227(1) of the Employment Rights Act 1996 ; or
b
a period equal to the length of the specified period, whichever is the shorter, and that period shall begin on the date on which the payment is treated as paid under regulation 7 (date on which earnings are treated as paid).
7
Any earnings to which regulation 9(1)(i)(ii) applies which are paid in respect of or on the termination of part-time employment, shall be taken into account over a period equal to one week.
8
In this regulation —
“part-time employment” means —
subject to the provisions of sub-paragraphs (b) to (d) of this definition, employment in which a person is engaged, or, where his hours of work fluctuate, he is engaged on average, for less than 16 hours a week being work for which payment is made or which is done in expectation of payment;
subject to sub-paragraph (c) of this definition, the number of hours for which a person is engaged in work shall be determined —
where no recognisable cycle has been established in respect of a person’s work, by reference to the number of hours or, where those hours are likely to fluctuate, the average of the hours, which he is expected to work in a week;
where the number of hours for which he is engaged fluctuate, by reference to the average of hours worked over —
if there is a recognisable cycle of work, the period of one complete cycle (including, where the cycle involves periods in which the person does not work, those periods but disregarding any other absences);
in any other case, the period of five weeks immediately before the date of claim or the date of review, or such other length of time as may, in the particular case, enable the person’s average hours of work to be determined more accurately;
where for the purpose of sub-paragraph (b)(ii)(aa) of this definition, a person’s recognisable cycle of work at a school, other educational establishment or other place of employment is one year and includes periods of school holidays or similar vacations during which he does not work, those periods and any other periods not forming part of such holidays or vacations during which he is not required to work shall be disregarded in establishing the average hours for which he is engaged in work;
for the purposes of sub-paragraphs (a) and (b) of this definition, in determining the number of hours for which a person is engaged in work, that number shall include any time allowed to that person by his employer for a meal or for refreshment, but only where that person is, or expects to be, paid earnings in respect of that time;
“specified period” means a period equal to —
a week or such number of weeks (less any fraction of a whole number) as comprise the period of notice which is applicable to a person, or would have been applicable if it had not been waived; less
any part of that period during which the person has continued to work in the employment in question or in respect of which he has received a payment to which regulation 9(1)(c) applies,
and for the purposes of this definition “period of notice” means the period of notice of termination of employment to which a person is entitled by statute or by contract, whichever is the longer, or, if he is not entitled to such notice, the period of notice which is customary in the employment in question.
Date on which earnings are treated as paid
7
Earnings to which regulation 6 (calculation of earnings of employed earners) or 11(2) (calculation of earnings of self-employed earners) applies shall be treated as paid —
a
i
in the case of a payment in respect of an adult dependant of an increase of maternity allowance payable under section 82(2) of the Contributions and Benefits Act or an increase of invalid care allowance payable under paragraph 7 of Schedule 2 to the Social Security Benefit (Dependency) Regulations 1977 ; or
ii
in the case of a payment in respect of an adult dependant who is not residing with the claimant of an increase of Category A or Category C retirement pension payable under section 83(2)(b) or 84(1) and 84(2)(b) of the Contributions and Benefits Act or a disablement pension where the claimant is entitled to an unemployability supplement payable under paragraph 6(1)(a)(ii) of Schedule 7 to the Contributions and Benefits Act,
on the first day of the benefit week following the benefit week in which the payment is due to be paid;
b
in any other case, on the first day of the benefit week in which the payment is due to be paid.
Calculation of weekly amount of earnings
8
1
For the purposes of regulation 6 (calculation of earnings of employed earners), subject to paragraphs (2) to (4), where the period in respect of which a payment is made —
a
does not exceed a week, the weekly amount shall be the amount of that payment;
b
exceeds a week, the weekly amount shall be determined —
i
in a case where that period is a month, by multiplying the amount of that payment by 12 and dividing the product by 52;
ii
in a case where that period is three months, by multiplying the amount of the payment by 4 and dividing the product by 52;
iii
in a case where that period is a year, by dividing the amount of the payment by 52;
iv
in any other case, by multiplying the amount of the payment by 7 and dividing the product by the number equal to the number of days in the period in respect of which it is made.
2
Where a payment of earnings from a particular source is or has been paid regularly and that payment falls to be taken into account in the same benefit week as a payment of the same kind and from the same source, the amount of those earnings to be taken into account in any one benefit week shall not exceed the weekly amount determined under paragraph (1)(a) or (b), as the case may be, of the payment which under regulation 7 (date on which earnings are treated as paid) is treated as paid first.
3
Where the amount of the claimant’s net earnings fluctuates and has changed more than once, or a claimant’s regular pattern of work is such that he does not work every week, the application of the foregoing paragraphs may be modified so that the weekly amount of his earnings is determined by reference to his average weekly earnings —
a
if there is a recognisable cycle of work, over the period of one complete cycle (including, where the cycle involves periods in which the claimant does no work, those periods but disregarding any other absences);
b
in any other case, over a period of five weeks or such other period as may, in the particular case, enable the claimant’s average weekly earnings to be determined more accurately.
4
Where any payment of earnings is taken into account under paragraph (7) of regulation 6 (calculation of earnings of employed earners), over the period specified in that paragraph, the amount to be taken into account shall be equal to the amount of the payment.
Earnings of employed earners
9
1
Subject to paragraphs (2) and (3), “earnings”, in the case of employment as an employed earner, means any remuneration or profit derived from that employment and includes —
a
any bonus or commission;
b
any payment in lieu of remuneration except any periodic sum paid to a claimant on account of the termination of his employment by reason of redundancy;
c
any payment in lieu of notice;
d
any holiday pay except any payable more than four weeks after the termination or interruption of employment;
e
any payment by way of a retainer;
f
any payment made by the claimant’s employer in respect of expenses not wholly, exclusively and necessarily incurred in the performance of the duties of the employment, including any payment made by the claimant’s employer in respect of —
i
travelling expenses incurred by the claimant between his home and place of employment;
ii
expenses incurred by the claimant under arrangements made for the care of a member of his family owing to the claimant’s absence from home;
g
any award of compensation made under section 112(4) or 117(3)(a) of the Employment Rights Act 1996 (remedies and compensation);
h
any such sum as is referred to in section 112(3) of the Contributions and Benefits Act (certain sums to be earnings for social security purposes);
i
where —
i
a payment of compensation is made in respect of employment which is not part-time employment and that payment is not less than the maximum weekly amount, the amount of the compensation less the deductible remainder, where that is applicable;
ii
a payment of compensation is made in respect of employment which is part-time employment, the amount of the compensation;
j
any remuneration paid by or on behalf of an employer to the claimant in respect of a period throughout which the claimant is on maternity leave or is absent from work because he is ill.
2
For the purposes of paragraph (1)(i)(i) the “deductible remainder” —
a
applies in cases where dividing the amount of the compensation by the maximum weekly amount produces a whole number plus a fraction; and
b
is equal to the difference between —
i
the amount of the compensation; and
ii
the product of the maximum weekly amount multiplied by the whole number.
3
“Earnings” shall not include any payment in respect of expenses wholly, exclusively and necessarily incurred in the performance of the duties of the employment.
4
In this regulation —
“compensation” means any payment made in respect of or on the termination of employment in a case where a person has not received or received only part of a payment in lieu of notice due or which would have been due to him had he not waived his right to receive it, other than —
a
any payment specified in paragraph (1)(a) to (h);
b
any payment specified in paragraph (3);
c
any redundancy payment within the meaning of section 135 of the Employment Rights Act 1996;
d
any refund of contributions to which that person was entitled under an occupational pension scheme;
e
any compensation payable by virtue of section 173 or section 178(3) or (4) of the Education Reform Act 1988 ;
“maximum weekly amount” means the maximum weekly amount which, on the date on which the payment of compensation is made, is specified in section 227(1) of the Employment Rights Act 1996;
“part-time employment” has the same meaning as in regulation 6(8) (calculation of earnings of employed earners).
Calculation of net earnings of employed earners
10
1
For the purposes of regulations 3 (calculation of earnings) and 6 (calculation of earnings of employed earners) the earnings of a claimant derived from employment as an employed earner to be taken into account shall, subject to paragraphs (2) and (3), be his net earnings.
2
Except in a case to which paragraph (3) applies, there shall be disregarded or deducted as appropriate from a claimant’s net earnings —
a
any sum, where applicable, specified in Schedule 1; and
b
any relevant child care charges to which Schedule 2 applies up to a maximum deduction in respect of any claimant of £60 per week.
3
In the case of entitlement to invalid care allowance under section 70 of the Contributions and Benefits Act there shall be disregarded or deducted as appropriate from a claimant’s net earnings —
a
any sum, where applicable, specified in Schedule 1; and
b
any care charges to which Schedule 3 applies up to a maximum deduction, in respect of such care charges incurred by any claimant, of 50% of his net earnings less those sums, if any, specified in Schedule 1 which are disregarded.
4
For the purposes of paragraph (1) net earnings shall be calculated by taking into account the gross earnings of the claimant from that employment less —
a
any amount deducted from those earnings by way of —
i
income tax;
ii
primary Class 1 contributions under the Contributions and Benefits Act; and
b
one half of any sum paid by the claimant in respect of a pay period by way of a contribution towards an occupational or personal pension scheme.
PART III
SELF-EMPLOYED EARNERS
Calculation of earnings of self-employed earners
11
1
Except where paragraph (2) applies, where a claimant’s earnings consist of earnings from employment as a self-employed earner the weekly amount of his earnings shall be determined by reference to his average weekly earnings from that employment —
a
over a period of one year; or
b
where the claimant has recently become engaged in that employment or there has been a change which is likely to affect the normal pattern of business, over such other period as may, in any particular case, enable the weekly amount of his earnings to be determined more accurately.
2
Where the claimant’s earnings consist of royalties or sums paid periodically for or in respect of any copyright those earnings shall be taken into account over a period equal to such number of weeks as is equal to the number (less any fraction of a whole number) calculated in accordance with the formula —
S T + U
where —
S is the earnings;
T is the relevant earnings limit plus one penny; and
U is the total of the sums which would fall to be disregarded or deducted as appropriate under regulation 13(2) or (3) (calculation of net profit of self-employed earners).
3
The period mentioned in paragraph (2) shall begin on the date on which the payment is treated as paid under regulation 7 (date on which earnings are treated as paid).
Earnings of self-employed earners
12
1
Subject to paragraph (2), “earnings”, in the case of employment as a self-employed earner, means the gross receipts of the employment and shall include any allowance paid under section 2 of the Employment and Training Act 1973 or section 2 of the Enterprise and New Towns (Scotland) Act 1990 to the claimant for the purpose of assisting him in carrying on his business.
2
“Earnings” shall not include —
a
the payments to be disregarded in the calculation of earnings as referred to at paragraphs 1, 2 and 3 of Schedule 1;
b
any payment to which paragraph 6 or 7 of Schedule 1 refers (payments in respect of a person accommodated with the claimant under an arrangement made by a local authority or voluntary organisation and payments made to the claimant by a health authority, local authority or voluntary organisation in respect of persons temporarily in the claimant’s care).
Calculation of net profit of self-employed earners
13
1
For the purposes of regulations 3 (calculation of earnings) and 11 (calculation of earnings of self-employed earners), the earnings of a claimant to be taken into account shall be —
a
in the case of a self-employed earner who is engaged in employment on his own account, the net profit derived from that employment;
b
in the case of a self-employed earner whose employment is carried on in partnership or is that of a share fisherman his share of the net profit derived from that employment less —
i
an amount in respect of income tax and of social security contributions payable under the Contributions and Benefits Act calculated in accordance with regulation 14 (deduction of tax and contributions for self-employed earners); and
ii
one half of any premium paid in the period that is relevant under regulation 11 in respect of a retirement annuity contract or a personal pension scheme;
c
in paragraph (b) “share fisherman” means any person who —
i
is ordinarily employed in the fishing industry otherwise than under a contract of service, as a master or member of the crew of any fishing boat manned by more than one person, and is remunerated in respect of that employment in whole or in part by a share of profits or gross earnings of the fishing boat; or
ii
has ordinarily been so employed, but who by reason of age or infirmity permanently ceases to be so employed and becomes ordinarily engaged in employment ashore in Great Britain, otherwise than under a contract of service, making or mending any gear appurtenant to a fishing boat or performing other services ancillary to or in connection with that boat and is remunerated in respect of that employment in whole or in part by a share of the profits or gross earnings of that boat and has not ceased to be ordinarily engaged in such employment.
2
Except in a case to which paragraph (3) applies, there shall be disregarded or deducted as appropriate from a claimant’s net profit —
a
any sum, where applicable, specified in Schedule 1; and
b
any relevant child care charges to which Schedule 2 applies up to a maximum deduction in respect of any claimant of £60 per week.
3
In the case of entitlement to invalid care allowance under section 70 of the Contributions and Benefits Act there shall be disregarded or deducted as appropriate from a claimant’s net profit —
a
any sum where applicable, specified in Schedule 1; and
b
any care charges to which Schedule 3 applies up to a maximum deduction, in respect of such care charges incurred by any claimant, of 50% of his net profit less those sums, if any, specified in Schedule 1 which are disregarded.
4
For the purposes of paragraph (1)(a), the net profit of the employment shall, except where paragraph (10) applies, be calculated by taking into account the earnings of the employment over the period determined under regulation 11 (calculation of earnings of self-employed earners) less —
a
subject to paragraphs (6) to (8), any expenses wholly and exclusively defrayed in that period for the purposes of that employment;
b
an amount in respect of —
i
income tax; and
ii
social security contributions payable under the Contributions and Benefits Act, calculated in accordance with regulation 14 (deduction of tax and contributions for self-employed earners); and
c
one half of any premium paid in the period that is relevant under regulation 11 in respect of a retirement annuity contract or a personal pension scheme.
5
For the purposes of paragraph (1)(b), the net profit of the employment shall be calculated by taking into account the earnings of the employment over the period determined under regulation 11 less, subject to paragraphs (6) to (8), any expenses wholly and exclusively defrayed in that period for the purposes of that employment.
6
Subject to paragraph (7), no deduction shall be made under paragraph (4)(a) or (5) in respect of —
a
any capital expenditure;
b
the depreciation of any capital asset;
c
any sum employed or intended to be employed in the setting up or expansion of the employment;
d
any loss incurred before the beginning of the period determined under regulation 11 (calculation of earnings of self-employed earners);
e
the repayment of capital on any loan taken out for the purposes of the employment;
f
any expenses incurred in providing business entertainment.
7
A deduction shall be made under paragraph (4)(a) or (5) in respect of the repayment of capital on any loan used for —
a
the replacement in the course of business of equipment or machinery; and
b
the repair of an existing business asset except to the extent that any sum is payable under an insurance policy for its repair.
8
The adjudicating authority shall refuse to make a deduction in respect of any expenses under paragraph (4)(a) or (5) where the adjudicating authority is not satisfied that the expense has been defrayed or, having regard to the nature of the expense and its amount, that it has been reasonably incurred.
9
For the avoidance of doubt —
a
a deduction shall not be made under paragraph (4)(a) or (5) in respect of any sum unless it has been expended for the purposes of the business;
b
a deduction shall be made thereunder in respect of —
i
the excess of any VAT paid over VAT received in the period determined under regulation 11 (calculation of earnings of self-employed earners);
ii
any income expended in the repair of an existing asset except to the extent that any sum is payable under an insurance policy for its repair;
iii
any payment of interest on a loan taken out for the purposes of the employment.
10
Where a claimant is engaged in employment as a child minder the net profit of the employment shall be one-third of the earnings of that employment, less —
a
an amount in respect of —
i
income tax; and
ii
social security contributions payable under the Contributions and Benefits Act, calculated in accordance with regulation 14 (deduction of tax and contributions for self-employed earners); and
b
one half of any premium paid in respect of a retirement annuity contract or a personal pension scheme.
11
Notwithstanding regulation 11 (calculation of earnings of self-employed earners) and the foregoing paragraphs, an adjudicating authority may assess any item of a claimant’s earnings or expenditure over a period other than that determined under regulation 11 as may, in the particular case, enable the weekly amount of that item of earnings or expenditure to be determined more accurately.
12
For the avoidance of doubt where a claimant is engaged in employment as a self-employed earner and he is engaged in one or more other employments as a self-employed or employed earner any loss incurred in any one of his employments shall not be offset against his earnings in any other of his employments.
Deduction of tax and contributions for self-employed earners
14
1
The amount to be deducted in respect of income tax under regulation 13(1)(b)(i), (4)(b)(i) or (10)(a)(i) (calculation of net profit of self-employed earners) shall be calculated on the basis of the amount of chargeable income and as if that income were assessable to income tax at the lower rate or, as the case may be, the lower rate and the basic rate of tax less only the personal relief to which the claimant is entitled under sections 257(1), 257A(1) and 259 of the Income and Corporation Taxes Act 1988 (personal reliefs) as is appropriate to his circumstances; but, if the period determined under regulation 11 (calculation of earnings of self-employed earners) is less than a year, the earnings to which the lower rate of tax is to be applied and the amount of the personal relief deductible under this paragraph shall be calculated on a pro rata basis.
2
The amount to be deducted in respect of social security contributions under regulation 13(1)(b)(i), (4)(b)(ii) or (10)(a)(ii) shall be the total of —
a
the amount of Class 2 contributions payable under section 11(1) or, as the case may be, 11(3) of the Contributions and Benefits Act at the rate applicable at the date of the determination of the claim or of any subsequent review except where the claimant’s chargeable income is less than the amount specified in section 11(4) of that Act (small earnings exception) for the tax year in which that date falls; but if the assessment period is less than a year, the amount specified for that year shall be reduced pro rata; and
b
the amount of Class 4 contributions (if any) which would be payable under section 15 of that Act (Class 4 contributions recoverable under the Income Tax Acts) at the percentage rate applicable at the date of the determination of the claim or of any subsequent review on so much of the chargeable income as exceeds the lower limit but does not exceed the upper limit of profits and gains applicable for the tax year in which that date falls; but if the assessment period is less than a year, those limits shall be reduced pro rata.
3
In this regulation “chargeable income” means —
a
except where sub-paragraph (b) applies, the earnings derived from the employment less any expenses deducted under paragraph (4)(a) or, as the case may be, (5) of regulation 13;
b
in the case of employment as a child minder, one-third of the earnings of that employment.
PART IV
TRANSITIONAL PROVISIONS, CONSEQUENTIAL AMENDMENTS AND REVOCATIONS
Transitional provision for the treatment of earnings
15
In the Social Security Benefit (Dependency and Computation of Earnings) Amendment Regulations 1989 for paragraph (4) of regulation 4 there shall be substituted the following paragraph —
4
The definition of “earnings” in regulation 2(1) of The Social Security Benefit (Computation of Earnings) Regulations 1996 shall apply as though the words “or personal” were omitted.
.
Transitional provision to suspend benefit and make interim payments
16
1
Where the Secretary of State has prior to 25th November 1996 directed under regulation 6(1) of the Social Security Benefit (Computation of Earnings) Regulations 1978 (interim payments) that payment of any benefit shall be suspended and it appears to him that a question arises whether the award ought to be revised, that direction shall, unless the Secretary of State directs otherwise, continue to have effect and the benefit in question shall continue to be suspended for a further period until the amount of the claimant’s earnings in respect of that further period has been determined in accordance with these Regulations.
2
Where the Secretary of State has prior to 25th November 1996 made interim payments under regulation 6(2) of the Social Security Benefit (Computation of Earnings) Regulations 1978 and it is impracticable for a review relating to the claim to be immediately determined, he may make such further interim payments (not exceeding the amount of benefit in question which would be payable if there were no earnings less any interim payments already made) as he may think appropriate in the circumstances.
3
After such further interim payments have been made to a claimant for any period after 25th November 1996 and the amount of the earnings in question has been determined —
a
if the adjudicating authority determines that for that period benefit is payable to him, the adjudicating authority shall direct that those further interim payments shall, so far as they do not exceed that benefit, be treated as having been made on account of it;
b
if the adjudicating authority determines that, for that period, there is payable to him —
i
no benefit, or
ii
benefit which is less than the amount of those further interim payments,
the Secretary of State shall require repayment of those further interim payments or (as the case may be) of so much of those further interim payments to the extent that they exceed entitlement to that benefit.
4
The provisions of the Contributions and Benefits Act and the Social Security Administration Act 1992 and of the regulations made under those Acts shall apply to any further interim payment required to be repaid by virtue of paragraph (3) as if it had been a payment of benefit required to be repaid.
5
The provisions of the Contributions and Benefits Act and the Social Security Administration Act 1992 and of the regulations made under those Acts relating to —
a
the time and manner of payment of benefit,
b
the extinguishment of the right to sums payable by way of benefit which are not obtained within the prescribed time, and
c
the information to be given when obtaining payment of benefit,
shall apply to and in respect of any further interim payment by virtue of this regulation as if it were a payment of the appropriate benefit.
Consequential amendments
17
In the Social Security Benefit (Dependency) Regulations 1977 —
a
in regulation 8(7)(a)(ii), for the words “the period of 7 days beginning with midnight between Sunday and Monday” there shall be substituted the words “any period of 7 days corresponding to the week in respect of which the relevant social security benefit is due to be paid or ending on the day before the first day of the first such week following the date of claim”;
b
in paragraph 2C of Schedule 2, for the definition of “week” there shall be substituted the following definition —
“week” means any period of 7 days corresponding to the week in respect of which the relevant social security benefit is due to be paid or ending on the day before the first day of the first such week following the date of claim.
.
Revocations and saving
18
1
The regulations specified in column (1) of Schedule 4 are hereby revoked to the extent mentioned in column (3) of that Schedule.
2
In the case of a claimant who was entitled to benefit for a benefit week which started on a date prior to 25th November 1996, then in respect of each day of that benefit week the Social Security Benefit (Computation of Earnings) Regulations 1978 shall have effect in his case as if paragraph (1) had not been made.
Signed by authority of the Secretary of State for Social Security.
Roger Evans
Parliamentary Under-Secretary of State,
Department of Social Security
28th October 1996


text:
1
This Order may be cited as the Merchant Shipping (Prevention of Pollution) (Law of the Sea Convention) Order 1996 and shall come into force on the fourteenth day after the day on which it is made.
2
1
The Secretary of State may make regulations for the purpose of giving effect to the United Nations Convention on the Law of the Sea 1982 (“the Convention”) , so far as it relates to the protection and preservation of the marine environment from pollution by matter from ships, and in particular to the following articles in Part XII of the Convention, namely articles 211, 218, 220 and 223 to 233.
2
Such regulations may in particular include provision–
a
with respect to the approval of documents and the carrying out of surveys and inspections, and for the issue, duration and recognition of certificates;
b
with respect to the application of the regulations to the Crown and the extra-territorial operation of the regulations;
c
that specified contraventions of the regulations shall be offences punishable on summary conviction by a fine not exceeding the statutory maximum and on conviction on indictment by a fine;
d
that specified contraventions of the regulations shall be offences punishable only on summary conviction by a maximum fine not exceeding level 5 on the standard scale or such less amount as is prescribed by the regulations;
e
for detaining any ship in respect of which such a contravention is suspected to have occurred and, in relation to such a ship, for applying section 284 of the Merchant Shipping Act 1995 (which relates to the detention of a ship) with such modifications, if any, as are prescribed by the regulations;
f
in connection with offences created by the regulations, corresponding to any provision made in connection with offences under section 131 of the Merchant Shipping Act 1995 by–
i
section 143 (6) of that Act, and
ii
sections 144 and 146 of that Act;
and the regulations may do so whether by applying (or making provision for the application of) any of those provisions, subject to such modifications as may be specified, or otherwise;
g
specifying areas of sea above any of the areas for the time being designated under section 1(7) of the Continental Shelf Act 1964 as waters within which the jurisdiction and rights of the United Kingdom are exercisable in accordance with Part XII of the Convention for the protection and preservation of the marine environment.
3
Such regulations may–
a
make different provision for different circumstances;
b
make provision in terms of any document which the Secretary of State or any person considers relevant from time to time;
c
provide for exemptions from any provisions of the regulations;
d
provide for the delegation of functions exercisable by virtue of the regulations;
e
include such incidental, supplemental and transitional provisions as appear to the Secretary of State to be expedient for the purposes of the regulations.
4
The Statutory Instruments Act 1946 shall apply to regulations made under this Order, and shall so apply as if such regulations were a statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
3
Subsection (3) of section 131 of the Merchant Shipping Act 1995 (which provides that a person guilty of an offence under that section shall be liable on summary conviction to a fine not exceeding £50,000 or on conviction on indictment to a fine) shall apply in respect of such contravention of the regulations made under this Order as may be specified in those regulations as it applies in respect of an offence under the said section 131.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North Hull Housing Action Trust (Transfer of Property) Order 1996 and shall come into force on 28th May 1996.
2
In this Order —
“the council” means the council of the City of Kingston upon Hull;
“the transfer date” means 28th May 1996; and
“the trust” means the North Hull Housing Action Trust.
Transfer of Land
2
The interest of the council in the housing and other land within the area designated as a housing action trust area by the North Hull Housing Action Trust (Area and Constitution) Order 1991 and specified in the Schedule to this Order shall vest in the trust on the transfer date together with all easements and rights vested in the council which are annexed or appurtenant to the land transferred by this Order (or any part of the land).
Financial Terms
3
The trust shall be entitled to all money paid to it or to the Council in the period from 27th January 1992 to the transfer date in respect of rent under tenancies of any of the housing transferred by this Order.
Signed by authority of the Secretary of State
Paul Beresford
Parliamentary Under Secretary of State
Department of the Environment
29th April 1996