text:
PART I
GENERAL
Citation and commencement
1
This Order may be cited as the European Nursing and Midwifery Qualifications Designation Order 1996 and shall come into force on 1996 immediately after the Nurses, Midwives and Health Visitors Act 1979 (Amendment) Regulations 1996 .
Interpretation
2
1
In this Order unless the context otherwise requires —
“ the Act ” means the Nurses, Midwives and Health Visitors Act 1979;
“the Accession of Greece Act”, “the Accession of Spain and Portugal Act”, “the Accession of Austria, Finland and Sweden Act” have the same meaning as in subsection (6) of section 22B of the Act ;
“diploma” means a diploma, certificate or other evidence of formal qualifications;
“the First Nursing Directive” means Council Directive No. 77/452/ EEC , concerning the mutual recognition of diplomas, certificates and other evidence of the formal qualifications of nurses responsible for general care, as adapted, amended or extended by the Accession of Greece Act, Council Directive No. 81/1057/EEC , the Accession of Spain and Portugal Act, Council Directives Nos. 89/594/EEC , 89/595/EEC and 90/658/EEC , the EEA Agreement and the Accession of Austria, Finland and Sweden Act;
“the First Midwifery Directive” means Council Directive No. 80/154/EEC , concerning the mutual recognition of diplomas, certificates and other evidence of the formal qualifications in midwifery, as adapted, amended or extended by Council Directive No. 80/1273/EEC , the Accession of Spain and Portugal Act, Council Directives Nos. 89/594/EEC and 90/658/EEC , the EEA Agreement and the Accession of Austria, Finland and Sweden Act;
“the Nursing Directives” means the First and Second Nursing Directives;
“registration” means, in the case of a nursing qualification, registration in Part 1 of the professional register, and, in the case of a midwifery qualification, registration in Part 10 of that register;
“the Second Nursing Directive” means Council Directive No. 77/453/EEC concerning the coordination of provisions in respect of the activities of nurses responsible for general care as amended by Council Directive No. 89/595/EEC ;
“the Second Midwifery Directive” means Council Directive No. 80/155/EEC concerning the coordination of provisions relating to the practice of midwifery as amended by Council Directive No. 89/594/EEC ;
2
In this Order “a competent authority certificate” means a certificate issued by a competent authority in an EEA State stating that the person named in the certificate has practised effectively and lawfully as a nurse or, as the case may be, as a midwife for at least three years or, for the purposes of articles 4(4)(b) and 6(4)(b), two years, during the period of five years ending with the date of issue of the certificate.
3
In this Order “an Article 4 certificate” means a certificate issued to a person by a competent authority in an EEA State in accordance with Article 4 of the First Midwifery Directive to the effect that the person, after qualifying as a midwife, has practised satisfactorily, for the period provided for in that Article, as a midwife in a hospital or other health establishment approved for the purposes of that Article.
4
Any reference in this Order to —
a
“the implementation date” of the First or Second Nursing Directive;
b
“the date of entry into force” of the First Midwifery Directive; or
c
“the relevant date” in connection with the First Midwifery Directive,
is a reference to the date set out in Column 2, 3 or 4 as appropriate opposite the relevant State in Column 1 in the table in Schedule 1.
5
In this Order, unless the context otherwise requires, a reference —
a
to a numbered article or Schedule is to the article in or Schedule to this Order bearing that number;
b
in an article to a numbered paragraph is to the paragraph of that article bearing that number; and
c
in a paragraph to a numbered or lettered sub-paragraph is to the sub-paragraph in that paragraph bearing that number or letter.
PART II
DESIGNATION OF QUALIFICATIONS HAVING COMMUNITY EQUIVALENCE FOR REGISTRATION PURPOSES
Qualifications in respect of which a diploma specified in Schedule 2 is awarded on or after the implementation date or relevant date
3
1
Subject to article 9 (transitional provisions for Spanish midwifery qualifications) and paragraph (2), a professional qualification in respect of which a diploma specified in Part I (nursing diplomas) or Part II (midwifery diplomas) of Schedule 2 is granted in an EEA State —
a
in the case of a nursing qualification, on or after the implementation date of the Nursing Directives, and which is not evidence of training commenced by the holder before that date; or
b
in the case of a midwifery qualification, on or after the relevant date,
is hereby designated as having Community equivalence for the purposes of registration.
2
A midwifery qualification referred to in paragraph (1) —
a
in respect of which a diploma has been obtained in any EEA State following training which complies with all the training requirements in Article 1 of the Second Midwifery Directive; but
b
where the diploma is required to be recognised by other EEA States in pursuance of Article 2 of the First Midwifery Directive only if the holder has undertaken professional practice in respect of which a certificate complying with Article 4 of that Directive is issued,
shall have Community equivalence for the purposes of registration if it is accompanied by an Article 4 certificate relating to the holder.
Qualifications in respect of which a diploma specified in Schedule 2 is awarded before the implementation date or relevant date or in respect of nursing training which began before the former date
4
1
Subject to article 9 (transitional provisions for Spanish midwifery qualifications) and paragraph (2), a professional qualification in respect of which a diploma specified in Part I (nursing diplomas) or Part II (midwifery diplomas) of Schedule 2 is granted in an EEA State —
a
in the case of a qualification in nursing in general care, before the implementation date of the Nursing Directives or on or after that date in respect of a course of training begun before that date; or
b
in the case of a midwifery qualification, before the relevant date,
shall have Community equivalence for the purposes of registration.
2
The diploma referred to in paragraph (1) shall —
a
be one granted in respect of training which complies with the requirements laid down —
i
in the case of a nursing qualification, in Article 1 of the Second Nursing Directive (minimum standards of training for nurses) or,
ii
in the case of a midwifery qualification, in Article 1 of the Second Midwifery Directive (minimum standards of training for midwives),
subject also in the case of a midwifery qualification to paragraphs (3) and (4); or
b
be accompanied by a competent authority certificate relating to the holder.
3
A midwifery qualification referred to in paragraph (1) —
a
in respect of which a diploma which falls within paragraphs (1) and (2) has been obtained; but
b
where the diploma —
i
is required to be recognised by other EEA States in pursuance of Article 2 of the First Midwifery Directive only if the holder has undertaken professional practice in respect of which a certificate complying with Article 4 of that Directive is issued, or
ii
would be required to be so recognised if it had been obtained on or after the date of entry into force of the First Midwifery Directive,
shall have Community equivalence for the purposes of registration if the requirement set out in paragraph (4) is satisfied.
4
The requirement referred to in paragraph (3) is that a diploma referred to in that paragraph must be accompanied by —
a
an Article 4 certificate relating to the holder; or
b
if the diploma was obtained before the date of entry into force of the First Midwifery Directive, a competent authority certificate relating to the holder.
Qualifications in respect of which a diploma not specified in Schedule 2 is awarded before the implementation date or relevant date in respect of training which does not comply with Directive requirements
5
1
A professional qualification in respect of which a diploma specified in paragraph (2) is granted in an EEA State shall have Community equivalence for the purposes of registration if it is accompanied by a competent authority certificate.
2
The diploma referred to in paragraph (1) is —
a
a diploma in nursing in general care which is not specified in Part I of Schedule 2 and is granted —
i
before the implementation date of the Nursing Directives or on or after that date in respect of a course of training begun before that date, and
ii
in respect of training which does not comply with the requirements of Article 1 of the Second Nursing Directive (minimum standards of training for nurses); or
b
a midwifery diploma which is not specified in Part II of Schedule 2 and is granted —
i
before the relevant date, and
ii
in respect of training which does not comply with the requirements of Article 1 of the Second Midwifery Directive (minimum standards of training for midwives).
Qualifications in respect of which a diploma not specified in Schedule 2 is awarded in respect of training which complies with Directive requirements
6
1
A professional qualification in respect of which a diploma specified in paragraph (2) is granted in an EEA State shall have Community equivalence for the purposes of registration, provided that, if it is a midwifery qualification which falls within paragraph (3), it also satisfies paragraph (4).
2
The diploma referred to in paragraph (1) is one which —
a
is not specified in Part I (nursing diplomas) or Part II (midwifry diplomas) of Schedule 2; and
b
is accompanied by a certificate issued by the competent authority of the State which granted the diploma to the effect that the latter —
i
was granted following training in accordance with the provisions of the Second Nursing Directive (minimum standards of training for nurses) or, as the case may be, the Second Midwifery Directive (minimum standards of training for midwives), and
ii
is treated by that State as if it were a qualification in respect of which a diploma is listed, in relation to that State, in Article 3 of the First Nursing Directive (nursing qualifications) or, as the case may be, Article 3 of the First Midwifery Directive (midwifery qualifications).
3
Paragraph 4 applies to a midwifery qualification in respect of which a midwife holds a diploma referred to in paragraph (1) which —
i
is required to be recognised by other EEA States in pursuance of Article 2 of the First Midwifery Directive only if the holder has undertaken professional practice in respect of which a certificate complying with Article 4 of that Directive is issued, or
ii
would be required to be so recognised if it had been obtained on or after the date of entry into force of the First Midwifery Directive.
4
A midwifery qualification referred to in paragraph (3) shall have Community equivalence for the purposes of registration only if the diploma referred to in paragraph (2) is accompanied by —
a
an Article 4 certificate relating to the holder; or
b
if the diploma was obtained before the date of entry into force of the First Midwifery Directive, a competent authority certificate relating to the holder.
Qualifications following training in the former German Democratic Republic which complies with Directive training requirements
7
1
Subject to paragraph (2), a professional qualification in respect of which a diploma in nursing in general care or, as the case may be, a midwifery diploma has been obtained which is evidence of training which —
a
was received in the territory of the former German Democratic Republic; and
b
commenced before 3rd October 1990,
shall have Community equivalence for the purposes of registration.
2
The diploma referred to in paragraph (1) shall —
a
be one which is not specified in Part I (nursing diplomas) or Part II (midwifery diplomas) of Schedule 2 and is granted in respect of training which complies with the requirements laid down —
i
in the case of a nursing qualification, in Article 1 of the Second Nursing Directive (minimum standards of training for nurses) or,
ii
in the case of a midwifery qualification, in Article 1 of the Second Midwifery Directive (minimum standards of training for midwives),
subject also in the case of a midwifery qualification to paragraphs (3) and (4); and
b
be accompanied by a certificate of the competent authority in Germany that the holder is entitled by virtue of the qualification of which the diploma is evidence to practise anywhere in Germany as a nurse responsible for general care or, as the case may be, a midwife on the same conditions as the holder of a qualification evidenced by a diploma listed under the heading “Germany” in Part I (nursing diplomas) or, as the case may be, Part II (midwifery diplomas) of Schedule 2.
3
A midwifery qualification referred to in paragraph (1) —
a
in respect of which a diploma which falls within paragraphs (1) and (2) has been obtained; but
b
would, if it had been obtained in respect of training which commenced on or after 3rd October 1990, be required to be recognised by other EEA States in pursuance of Article 2 of the First Midwifery Directive only if the holder had undertaken professional practice in respect of which a certificate complying with Article 4 of that Directive has been issued,
shall have Community equivalence for the purposes of registration if the requirement set out in paragraph (4) is satisfied.
4
The requirement referred to in paragraph (3) is that a diploma referred to in that paragraph be accompanied by a certificate issued by the competent authority in Germany stating that the holder of the diploma has effectively and lawfully been engaged in actual practice in Germany as a midwife for at least two years during the five years preceding the date of the certificate.
Qualifications following training in the former German Democratic Republic which does not comply with Directive training requirements
8
1
Subject to paragraphs (2) and (3), a professional qualification in respect of which a diploma in nursing in general care not specified in Part I of Schedule 2 or, as the case may be, a midwifery diploma not specified in Part II of Schedule 2 has been obtained which is evidence of training which —
a
was received in the territory of the former German Democratic Republic; and
b
commenced before 3rd October 1990; but
c
does not comply with the requirements laid down —
i
in the case of a nursing qualification, in Article 1 of the Second Nursing Directive (minimum standards of training for nurses) or,
ii
in the case of a midwifery qualification, in Article 1 of the Second Midwifery Directive (minimum standards of training for midwives),
shall have Community equivalence for the purposes of registration.
2
The qualification of which the diploma referred to in paragraph (1) is evidence must be such as to entitle the holder to practise anywhere in Germany as a nurse responsible for general care or, as the case may be, a midwife on the same conditions as the holder of a qualification evidenced by a diploma listed under the heading “Germany” in Part I (nursing diplomas) or, as the case may be, Part II (midwifery diplomas) of Schedule 2.
3
The diploma shall be accompanied by a certificate issued by the competent authority in Germany stating that, for at least three years during the five years preceding the date of issue of the certificate, the holder of the qualification has effectively and lawfully been engaged in actual practice in Germany as a nurse responsible for general care or, as the case may be, a midwife.
Transitional provision for Spanish midwifery qualifications
9
1
Subject to paragraph (3), a professional midwifery qualification, not being one to which article 5 or 6 applies, in respect of which a diploma specified in paragraph (2) has been obtained in Spain shall have Community equivalence for the purposes of registration.
2
The diploma referred to in paragraph (1) is one which —
a
is evidence of training received in Spain which commenced before 1st January 1986; and
b
is accompanied by —
i
a certificate issued by the competent authority in Spain to the effect that the diploma was awarded following training which satisfies all the training requirements in Article 1 of the Second Midwifery Directive, or
ii
if the training does not satisfy the requirements laid down in Article 1 of the Second Midwifery Directive, a competent authority certificate.
3
A qualification referred to paragraph (1) —
a
in respect of which a person holds a diploma referred to in paragraph (2)(a) which is accompanied by a certificate referred to in paragraph (2)(b)(i); but
b
where the diploma is required to be recognised by other EEA States in pursuance of Article 2 of the First Midwifery Directive only if the holder has undertaken professional practice in respect of which a certificate complying with Article 4 of that Directive is issued,
shall have Community equivalence for the purposes of registration if the requirement in paragraph (4) is satisfied.
4
The requirement referred to in paragraph (2) is that a diploma referred to in that paragraph be accompanied by —
a
an Article 4 certificate relating to the holder; or
b
if the diploma was obtained before 1st January 1986, a competent authority certificate relating to the holder.
PART III
REVOCATIONS
Revocations
10
The EEC Nursing and Midwifery Qualifications Designation Order 1983 and the EEC Nursing and Midwifery Qualifications Designation (Amendment) Order 1985 are hereby revoked.
Stephen Dorrell
One of Her Majesty’s Principal Secretaries of State
10th December 1996


type: legislation

jurisdiction: UK

text:
Citation, commencement and application
1
1
These Regulations may be cited as the Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) Regulations 1996 and shall come into force on 1st August 1996.
2
These Regulations shall apply in relation to any case in which a person first satisfies the conditions of entitlement to a payment under the Pneumoconiosis etc. (Workers' Compensation) Act 1979 on or after the date on which they come into force.
Amendment of the principal Regulations
2
In the Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) Amendment Regulations 1988 —
a
for the Schedule to those Regulations there shall be substituted the Schedule to these Regulations;
b
in regulations 5(1) and 8 (minimum amounts payable to dependant), for the amount of £1,766 there shall be substituted the amount of £1,803;
c
in regulation 6(1) (payment where pneumoconiosis is accompanied by tuberculosis), for the amount of £3,654 there shall be substituted the amount of £3,731.
Signed by authority of the Secretary of State.
Paul Beresford
Parliamentary Under Secretart of State,
Department of the Environment
26th July 1996


text:
Citation and commencement
1
These Regulations may be cited as the National Assistance (Sums for Personal Requirements) Regulations 1996 and shall come into force on 8th April 1996.
Sums needed for personal requirements
2
The sum which under section 22(4) of the National Assistance Act 1948 a local authority shall assume that a person will need for his personal requirements shall be £13.75 per week.
Revocation
3
The National Assistance (Sums for Personal Requirements) Regulations 1995 are hereby revoked.
Stephen Dorrell
One of Her Majesty’s Principal Secretaries of State,
Department of Health
22nd February 1996


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Personal Equity Plan (Amendment) Regulations 1996 and shall come into force on 6th April 1996.
2
Regulation 9 has effect in relation to amounts of interest paid or applied on or after 6th April 1996.
3
Regulation 11 has effect in relation to securities which become plan investments on or after 6th April 1996.
4
Regulation 12 has effect —
a
as respects the year 1996–97 and subsequent years of assessment, and
b
in relation to tax which —
i
is charged by an assessment made on or after 6th April 1998, and
ii
is for the year 1995–96 or any earlier year of assessment.
Interpretation
2
In regulations 3 to 12 “the principal Regulations ” means the Personal Equity Plan Regulations 1989 and “regulation” means a regulation of those Regulations.
Amendments to the principal Regulations
3
1
In regulation 2(1)(a) —
a
after the definition of “the Board” there shall be inserted —
“building society” means a building society within the meaning of the Building Societies Act 1986 ;
b
in paragraph (a) of the definition of “company” the words from “within” to the end of the paragraph shall be omitted;
c
after the definition of “company” there shall be inserted —
“deposit-taker” has the meaning given by section 481(2) of the Taxes Act;
d
in the definitions of “gains” and “chargeable gains” for the words “Capital Gains Tax Act 1979” there shall be substituted the words “Taxation of Chargeable Gains Act 1992”;
e
in the definition of “market value” for the words “section 150 of the Capital Gains Tax Act 1979” there shall be substituted the words “section 272 of the Taxation of Chargeable Gains Act 1992”.
2
In regulation 2(1)(b) for the definition of “feeder fund” there shall be substituted —
“feeder fund” means a unit trust scheme which is also —
an exempt approved personal pension scheme (within the meaning of Chapter 1 of Part XIV of the Taxes Act) where the employer is not a contributor to the exempt approved scheme and that scheme provides benefits additional to those provided by another exempt approved scheme to which he is a contributor, or
an approved personal pension scheme (within the meaning of Chapter IV of Part XIV of the Taxes Act),
and where, under the rules of the unit trust scheme, investments subject to the trusts of the scheme must be invested in units in a single unit trust scheme or in shares in a single investment trust;
.
4
In regulation 6 —
a
in paragraph (2)(c) for the words “or (b)” there shall be substituted “, (b) or (ba)”;
b
in paragraph (4) at the end of sub-paragraph (b) there shall be added “which does not satisfy the condition specified in paragraph (3)(c) but satisfies that condition as modified for the purposes of this paragraph by paragraph (5)”.
5
In regulation 6B(2) —
a
for sub-paragraph (a) there shall be substituted —
a
where the designated company is incorporated in the United Kingdom and is neither an investment trust nor a venture capital trust, ordinary shares issued by that company which are officially listed on a recognised stock exchange in a member State, or dealt in on the Unlisted Securities Market, and ordinary shares satisfying that description or qualifying EC shares which represent those shares;
b
in sub-paragraph (b) for the word “representing” there shall be substituted the words “satisfying the description in sub-paragraph (a) which represent”;
c
for sub-paragraph (c) there shall be substituted —
c
investments in units comprising ordinary shares in the designated company (being a company which is incorporated in the United Kingdom and is neither an investment trust nor a venture capital trust) which satisfy the description in sub-paragraph (a), or qualifying EC shares in the designated company (being a company which satisfies the conditions in regulation 6(2A)(b)), which are paired with —
i
ordinary shares in another company (being a company which is incorporated in the United Kingdom and is neither an investment trust nor a venture capital trust) which satisfy the description in sub-paragraph (a), or
ii
qualifying EC shares in another company which satisfies the conditions specified in regulation 6(2A)(b);
.
6
After regulation 10 there shall be inserted —
Application by curator bonis
10A
1
Where a curator bonis has been appointed in Scotland in respect of a person who is incapable of managing or administering his property and affairs, and that person is a qualifying individual, an application to subscribe to a plan may be made by the curator bonis in his capacity as such, notwithstanding that he has subscribed, or intends to subscribe, in another capacity to another general plan, or as the case may be another single company plan, in the year or one of the years for which the application is made.
2
An application by a curator bonis must be made to a plan manager in a statement in writing and fulfil the conditions specified in paragraphs (3), (4) and (5).
3
An application must specify the year or years for which the curator bonis is to subscribe to the plan.
4
An application shall provide for a declaration by the curator bonis that —
a
he has not subscribed and will not subscribe in that capacity to any other general plan, or as the case may be any other single company plan, in the year or years to which paragraph (3) refers;
b
he will inform the plan manager if the person in respect of whom he has been appointed ceases to be resident and ordinarily resident in the United Kingdom;
c
he authorises the plan manager in writing —
i
to hold the cash subscription, plan investments, interest, dividends and any other rights or proceeds in respect of those investments and any other cash;
ii
to make on his behalf any claims to relief from tax in respect of plan investments;
iii
on the written request of the curator bonis to transfer or pay to him, as the case may be, plan investments, interest, dividends, rights or other proceeds in respect of such investments or any cash;
d
the person in respect of whom he has been appointed —
i
is 18 years of age or over;
ii
has not subscribed and will not subscribe to any other general plan, or as the case may be any other single company plan, in the year or years to which paragraph (3) refers;
iii
is resident and ordinarily resident in the United Kingdom.
5
An application by a curator bonis must contain —
a
his full name,
b
the address of his permanent residence, including postcode,
c
the full name of the person in respect of whom he has been appointed,
d
the address of the permanent residence, including postcode, of the person in respect of whom he has been appointed,
e
if the person in respect of whom he has been appointed has one, his national insurance number, and
f
the date of birth of the person in respect of whom he has been appointed,
and must be accompanied by evidence in writing of his appointment.
6
A plan manager may not accept an application by a curator bonis if he has reason to believe that —
a
the person in respect of whom he has been appointed is not or might not be a qualifying individual, or
b
the curator bonis has given untrue information in his application.
7
Where a curator bonis subscribes to a plan in his capacity as such —
a
references in these Regulations to the plan investor shall be taken to be references to the person in respect of whom he has been appointed, save that anything requiring to be done, or capable of being done, under these Regulations by the plan investor shall be done by the curator bonis and any notice, assessment or payment required to be given to or made on or by the plan investor shall be given to or made on or by the curator bonis, and
b
any requirement in these Regulations (other than that in regulation 24A) for information to be given as regards a plan investor shall include a requirement to give the full name of any curator bonis appointed in respect of the plan investor and the address of his permanent residence, including postcode.
7
In regulation 16 in paragraph (3)(b)(viii) the words “by the transferor” shall be omitted.
8
In regulation 17(2)(a) for the words “Income and Corporation Taxes Act 1988” there shall be substituted the words “Taxes Act”.
9
In regulation 17A(2)(a) for the word “basic” there shall be substituted the word “lower”.
10
In regulation 19(5)(c) for the words “for the kind of plan concerned” there shall be substituted the words “or one half of the subscription limit as the case may require”.
11
In regulation 27 —
a
for paragraph (2) there shall be substituted —
2
Sections 104, 110 and 114 of the Taxation of Chargeable Gains Act 1992 shall apply for the purposes of pooling plan investments as if —
a
for subsection (4) of the said section 104 there were substituted —
4
This section and sections 110 and 114 —
a
shall apply separately in relation to any securities which are held by a person as plan investments so long as they are so held, and
b
shall apply in relation to any such securities which became plan investments by being transferred or renounced to a plan manager or to a nominee for a plan manager in the circumstances specified in regulation 4(2A)(a) or (b) or regulation 4A(2) as if they had been plan investments —
i
in the case of securities which were transferred or renounced in the circumstances specified in regulation 4(2A)(a) or (b), and in the case of securities acquired by that person in accordance with the provisions of a savings-related share option scheme which were transferred in the circumstances specified in regulation 4A(2), from the date of their acquisition by him, or
ii
in the case of securities appropriated to that person in accordance with the provisions of an approved profit sharing scheme which were transferred in the circumstances specified in regulation 4A(2), from the date when he directed the trustees to transfer the ownership of the securities to him or, if earlier, the release date in relation to those securities, and
c
while applying separately to any such securities, shall have effect as if that person held them in a capacity other than that in which he holds any other securities of the same class whether under another such plan or otherwise.
4A
In subsection (4) above —
a
“plan”, “plan investment” and “plan manager” have the same meanings as in the Personal Equity Plan Regulations 1989 and “regulation” means a regulation of those Regulations;
b
“approved profit sharing scheme” has the same meaning as in Chapter IV of Part V of the Taxes Act and “savings-related share option scheme” has the meaning given by paragraph 1 of Schedule 9 to that Act.
; and
b
in the said section 110 after subsection (11) there were added —
12
Where part of a new holding is treated by section 104(4)(b)(ii) as having been plan investments since a particular date —
a
an operative event shall be regarded as having occurred for the purposes of this section immediately before that date consisting of the disposal of the part of that new holding which is so treated, and
b
this section shall apply in relation to the occurrence of that operative event as it would have applied if it had always applied separately in relation to the part of that new holding which is so treated.
;
b
after paragraph (2) there shall be inserted —
2A
Section 107 of the Taxation of Chargeable Gains Act 1992 shall apply for the purposes of identifying securities which are eligible to become plan investments as if after subsection (9) there were added —
10
Where a person disposes of securities and immediately before that disposal —
a
he held securities of the same class which he had acquired in the circumstances specified in regulation 4(2A)(a) or (b) or regulation 4A(2) of the Personal Equity Plan Regulations 1989, and
b
those securities were eligible for transfer to a personal equity plan under either of those regulations,
he shall be treated as having first disposed of any securities of that class which he then held and which were not so eligible.
11
For the purposes of subsection (10) above, securities are eligible at a particular time for transfer to a personal equity plan under regulation 4(2A)(a) or (b) or regulation 4A(2) of the Personal Equity Plan Regulations 1989 when a transfer of, or a renunciation of the rights to, those securities at that time would satisfy the conditions respectively prescribed by regulation 4(3)(a) and 4A(3)(a) or (b) of those Regulations.
;
c
in paragraph (3) for the words “Sections 78 to 81 of the Capital Gains Tax Act 1979” there shall be substituted the words “Sections 127 to 131 of the Taxation of Chargeable Gains Act 1992” and for the words “section 77(2)” there shall be substituted the words “section 126(2)”.
12
For regulation 28(3) there shall be substituted —
3
The like provisions as are contained in the Management Act shall apply to any assessment under these Regulations as if it were an assessment to tax for the year in which, apart from these Regulations, the plan investor would have been liable (by reason of his ownership of the investments).
3A
In the application of the like provisions as are contained in section 86 of the Management Act by virtue of paragraph (3) in relation to any sums due and payable by virtue of an assessment made on a plan manager under these Regulations, the relevant date —
a
is 1st January in the year for which the plan investor would have been liable where the plan manager has made an interim claim for a period falling within that year; and
b
in any other case, is the later of the following dates, that is to say —
i
1st January in that year; or
ii
the date of the making of the repayment by the Board following receipt of the annual claim for that year.
Michael Bates
Liam Fox
Two of the Lords Commissioners of Her Majesty’s Treasury
19th March 1996


text:
1
This Order may be cited as the A41 Trunk Road (Gloucester Place, Westminster) (Temporary Prohibition of Traffic) Order 1996 and shall come into force on the 18th March 1996.
2
This Order is made because the Traffic Director for London is satisfied that traffic on the roads, mentioned in the schedule to this Order should be prohibited because works are being or are proposed to be executed on or near that road.
3
During the period starting at 08.00 hours on 18th March 1996 for a period of three months or when those works have been completed, whichever is the sooner, the prohibitions specified in article 4 below shall have effect.
4
Subject to the provisions of article 5 below, no person shall cause or permit any vehicle to enter or proceed in the lengths of road specified in the schedule to this Order.
5
1
The prohibitions specified in article 4 above shall apply only during such times and to such extent as shall from time to time be indicated by traffic signs specified by regulations or authorised under section 64 of the Road Traffic Regulation Act 1984.
2
The prohibitions specified in article 4 above shall not apply in respect of —
i
any vehicle being used for the purpose of those works, or for fire brigade, ambulance or police purpose, or
ii
anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
6
During the period specified in article 3 above, the provisions of the City of Westminster (Waiting and Loading Restriction) Order 1976 are hereby suspended so far as they relate to any roads or lengths of road specified in the schedule to this Order.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
18th March 1996


text:
Title and commencement
1
This Order may be cited as the Medicines (Exemptions from Animal Test Certificates) (Revocation) Order 1996 and shall come into force on 13th September 1996.
Revocation of the Medicines (Exemptions from Licences and Animal Test Certificates) Order 1986 and the Medicines (Exemptions from Licences and Animal Test Certificates) (Amendment) Order 1991
2
The Medicines (Exemptions from Licences and Animal Test Certificates) Order 1986 and the Medicines (Exemptions from Licences and Animal Test Certificates) (Amendment) Order 1991 are hereby revoked in so far as they are made under section 35(8)(b) and (9) of the Medicines Act 1968.
Signed by authority of the Secretary of State for Health
Gerald Malone
Minister of State,
Department of Health
16th August 1996
Lindsay
Parliamentary Under Secretary of State,
Scottish Office
12th August 1996
Signed by authority of the Secretary of State for Wales
Jonathan Evans
Parliamentary Under Secretary of State,
Welsh Office
21st August 1996
Tony Baldry
Minister of State,
Ministry of Agriculture,
Fisheries and Food
7th August 1996
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland this 15th day of August 1996
F A Elliott
Permanent Secretary
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland this 20th day of August 1996
J Murray
Permanent Secretary


text:
1
This Scheme may be cited as the M11 Motorway (Junction 5, Loughton, Essex, North Facing Slip Roads) Scheme 1996 and shall come into force on 25th June 1996.
2
In this Scheme:
1
All measurements of distance are measured along the route of the relevant highway;
2
i
“slip road” means a special road along a route described in the Schedule to this Scheme;
ii
“the M11” means the M11 Motorway at Loughton in the County of Essex;
iii
“the plan” means the plan numbered HA16/1EC/60, marked “The M11 Motorway (Junction 5, Loughton, Essex, North Facing Slip Roads) Scheme 1996, signed by authority of the Secretary of State for Transport, and deposited at the Highways Agency, ASD, London Support Unit, Room 12/08, St. Christopher House, London SE1 0TE”;
iv
“the side roads order” means the M11 Motorway (Junction 5, Loughton, Essex, North Facing Slip Roads) Side Roads Order 1996;
v
“the special roads” means each slip road.
3
The Secretary of State is authorised to provide the special roads for the exclusive use of traffic in Classes I and II of the classes of traffic set out in Schedule 4 to the Highways Act 1980.
4
The centre line of each of the special roads is indicated by a heavy black line on the plan.
5
Each of the special roads shall become a trunk road on the date when this Scheme comes into force.
Signed by authority of the Secretary of State for Transport
D E Oddy,
Director Motorways Operations Division Highways Agency Broadway, Broad Street, Birmingham B15 1BL
10th June 1996


text:
Citation and Commencement
1
This Order may be cited as the European Communities (Designation) (No. 3) Order 1996 and shall come into force on 28 January 1997.
Designation of Ministers or departments
2
1
For the purposes of section 2(2) of the European Communities Act 1972 the Ministers or government departments specified in column (1) of the Schedule to this Order are hereby designated in relation to the matters specified in column (2) of that Schedule.
2
Where a Minister or government department is designated in relation to any item in column (2) of the said Schedule, then, for the purposes of the said section 2(2), that Minister or government department is also hereby designated in relation to anything supplemental or related to the matters specified in that item.
3
Where both a Minister and one or more government departments are designated by this Order in relation to any matter, the designation has effect as respects the making of regulations by any of them or by more than one of them acting jointly.
4
Regulations made by a Northern Ireland Department in pursuance of this Order shall form part of the law of Northern Ireland and not of any other part of the United Kingdom.
N. H. Nicholls
Clerk of the Privy Council


text:
1
This order may be cited as the Offshore Installations (Safety Zones) (No. 4) Order 1996 and shall come into force on 28th June 1996.
2
A safety zone is hereby established around the installation specified in column 1 of the Schedule hereto (being an installation stationed in waters to which subsection (7) of section 21 of the Act applies) having a radius of five hundred metres from the point as respects that installation which has the co-ordinates of latitude and longitude according to European Datum (1950) specified in columns 2 and 3 of the Schedule.
Signed by authority of the Secretary of State.
Paul Beresford
Parliamentary Under Secretary of State,
Department of the Environment
7th June 1996


text:
1
This Order may be cited as the Finance Act 1996, Section 5(6), (Appointed day) Order 1996.
2
The day appointed as the day on which section 5 of The Finance Act 1996 shall have effect in relation to cases where kerosene is —
a
used as fuel, or
b
taken into a fuel supply, is 1st October 1996.
D. J. Howard
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
9th September 1996


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Invalid Care Allowance) Amendment Regulations 1996 and shall come into force on 25th November 1996.
Amendment of the Social Security (Invalid Care Allowance) Regulations 1976
2
1
The Social Security (Invalid Care Allowance) Regulations 1976 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 2 (interpretation) for paragraph (1) there shall be substituted the following paragraph —
1
In these Regulations, “the Contributions and Benefits Act ” means the Social Security Contributions and Benefits Act 1992 .
3
In regulation 3(1) (prescribed payments etc )
a
for the words “section 37 of the Act” there shall be substituted the words “section 70 of the Contributions and Benefits Act”;
b
for the words “section 61 of the Act” there shall be substituted the words “section 104 of the Contributions and Benefits Act”; and
c
for the words “paragraph 7(a) of Part V of Schedule 4 to the Act” there shall be substituted the words “paragraph 2(a) of Part V of Schedule 4 to the Contributions and Benefits Act”.
4
In regulation 5(1) (circumstances in which persons are to be regarded as receiving full-time education) for the words “section 37(3) of the Act” there shall be substituted the words “section 70(3) of the Contributions and Benefits Act”.
5
In the heading to regulation 6 (severely disabled persons etc) and in that regulation for the words “section 37(1)(c) of the Act” there shall be substituted the words “section 70(1)(c) of the Contributions and Benefits Act”.
6
In the heading to regulation 7 (manner of electing the person entitled to an invalid care allowance etc) and in that regulation for the words “section 37(7) of the Act” there shall be substituted the words “section 70(7) of the Contributions and Benefits Act”.
7
In regulation 8 (circumstances in which a person is or is not to be treated as gainfully employed) —
a
in paragraph (1) for the words “section 37(1)(b) of the Act” there shall be substituted the words “section 70(1)(b) of the Contributions and Benefits Act”;
b
at the end of paragraph (2)(a) the word “and” shall be omitted; and
c
paragraph (2)(c) shall be omitted.
8
In regulation 9 (conditions relating to residence and presence in Great Britain) —
a
in paragraph (1) for the words “section 37(4) of the Act” there shall be substituted the words “section 70(4) of the Contributions and Benefits Act”; and
b
in paragraph (2)(b) for the words “section 37ZB(3) of the Act” there shall be substituted the words “section 72(3) of the Contributions and Benefits Act”.
9
In regulation 10 (circumstances in which a person over the age of 65 is to be treated as having been entitled to invalid care allowance etc) for the words “section 37(5) of the Act” there shall be substituted the words “section 70(5) of the Contributions and Benefits Act”.
10
In regulation 11 (invalid care allowance for persons over the age of 65) for the words “section 37(1)(a) or (b) of the Act” there shall be substituted the words “section 70(1)(a) or (b) of the Contributions and Benefits Act”.
Saving
3
In a case where regulation 8(2)(c) of the Social Security (Invalid Care Allowance) Regulations 1976 applied immediately before 25th November 1996, that regulation shall continue to apply in respect of any continuous period throughout which a person is entitled to an invalid care allowance in respect of a severely disabled person and which began on a date before 25th November 1996, as if regulation 2(7)(c) of these Regulations 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:
Citation, commencement and revocation
1
1
These Regulations may be cited as the Merchant Shipping (Dangerous or Noxious Liquid Substances in Bulk) Regulations 1996 and shall come into force on 1st January 1997.
2
The following statutory instruments are hereby revoked —
a
the Merchant Shipping ( IBC Code ) Regulations 1987 ;
b
the Merchant Shipping ( BCH Code ) Regulations 1987 ;
c
the Merchant Shipping (Control of Pollution by Noxious Liquid Substances in Bulk) Regulations 1987 ;
d
the Merchant Shipping (IBC Code) (Amendment) Regulations 1990 ;
e
the Merchant Shipping (BCH Code) (Amendment) Regulations 1990 ;
f
the Merchant Shipping (Control of Pollution by Noxious Liquid Substances in Bulk) (Amendment) Regulations 1990 ;
g
the Merchant Shipping (IBC Code) (Amendment) Regulations 1994 ;
h
the Merchant Shipping (BCH Code) (Amendment) Regulations 1994 ; and
i
the Merchant Shipping (Control of Pollution by Noxious Liquid Substances in Bulk) (Amendment) Regulations 1994 .
Interpretation
2
1
In these Regulations and in Merchant Shipping Notice No NLS 1 —
“Annex II ” means Annex II of the MARPOL Convention (which sets out regulations for the control of pollution by noxious liquid substances) ;
“appropriate Certificate” means the Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk, the International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk or the International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk as the case may be;
“appropriate Regulation” means the BCH Code, the IBC Code or Merchant Shipping Notice No NLS 1;
“BCH Code” means the 1993 Edition of the Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk published by the International Maritime Organization;
“BCH Code Certificate” means a certificate of compliance with the BCH Code;
“Cargo Ship Safety Construction Certificate”, “Cargo Ship Safety Equipment Certificate”, “Cargo Ship Safety Radiotelegraphy Certificate” and “Cargo Ship Safety Radiotelephony Certificate” means respectively the certificates so entitled issued in accordance with the SOLAS Convention;
“Category A substance”, “Category B substance”, “Category C substance” and “Category D substance” mean respectively any substance listed and identified as falling into Category A, B, C, or D in column “c” in Chapter 17 and Chapter 18 of the IBC Code; and any substance which is provisionally assessed as a Category A, B, C or D substance; and a reference to any such substance shall include a reference to any mixture containing such substance;
“controlled waters” means the waters designated as controlled waters by the Merchant Shipping (Prevention of Pollution) (Limits) Regulations 1996 ;
“Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk” means, in relation to a United Kingdom ship, a certificate issued pursuant to regulation 9 and, in relation to any other ship, a certificate issued in accordance with Chapter 1 of the BCH Code by or on behalf of the government of the State in which the ship is registered;
“chemical tanker” means a self-propelled cargo ship constructed or adapted and used for the carriage in bulk of any liquid substance listed in Chapter 17 of the IBC Code but does not include an offshore support vessel or a dry cargo ship with deep tanks;
“constructed” means the date when the keel of a ship is laid or the building is at a similar stage of construction; and “similar stage of construction” means the stage at which —
construction identifiable with a specific ship begins; and
assembly of that ship has commenced, comprising at least 50 tonnes of 1 per cent. of the estimated mass of all structural material, whichever is the less;
“dangerous substance” means a substance listed in Chapter 17 of the IBC Code having against it in column “d” an entry “S”;
“IBC Code” means the 1994 Edition of the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk published by the International Maritime Organization;
“IBC Code Certificate” means a certificate of compliance with the IBC Code;
“ IGC Code ” means the 1993 Edition of the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk, published by the International Maritime Organization;
“in bulk” means directly and without intermediate form of containment in a tank forming an integral part of, or permanently located in or on, a ship;
“International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk” means, in relation to a United Kingdom ship, a certificate issued pursuant to regulation 9 and, in relation to any other ship, a certificate issued in accordance with Chapter 1 of the IBC Code by or on behalf of the government of the State in which the ship is registered;
“ INLS Certificate ” means an International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk issued under Annex II and, in the case of a United Kingdom ship, in accordance with regulation 9 in the form set out in Annex II;
“ IMO ” means the International Maritime Organization;
“IMO Standards” means the Standards for Procedures and Arrangements for the Discharge of Noxious Liquid Substances adopted by the Marine Environment Protection Committee of the International Maritime Organisation by Resolution MEPC 18(22) on 5th December 1985;
“ IOPP Certificate ” means an International Oil Pollution Prevention Certificate issued in accordance with Annex I of the MARPOL Convention and, in the case of a United Kingdom Ship pursuant to the Merchant Shipping (Prevention of Oil Pollution) Regulations 1996 ;
“Merchant Shipping Notice” means a Notice described as such and issued by the Marine Safety Agency, an executive agency of the Department of Transport;
“ MEPC Circular ” means a circular of that description issued by the Marine Environment Protection Committee of the International Maritime Organisation;
“non-polluting substance” means a substance listed in Chapter 17 or 18 of the IBC Code having against it in column “c” the entry III ;
“noxious liquid substance” means a substance listed as such in either MEPC Circular 2/CIRC.1 or a Category A, B, C or D substance;
“oil-like substance” means a substance listed as such in MEPC Circular 2/CIRC.1 or provisionally assessed as an oil-like substance;
“oil tanker” means a ship constructed or adapted primarily to carry oil in bulk in its cargo spaces and includes a combination carrier when it is carrying a cargo or part cargo of oil in bulk;
“pollution hazard substance” means a substance listed in Chapter 17 of the IBC Code having against it in column “d” an entry “P”;
“provisionally assessed” means, in relation to a substance of a particular category or a non-polluting substance or an oil-like substance, listed as such in MEPC Circular 2/CIRC.1 and there-in identified as a substance falling into that category or as a non-polluting substance or as an oil-like substance as the case may be;
“residual mixture” means, in relation to any category of noxious liquid substances, ballast water, tank washings or other mixtures containing residues of a noxious liquid substance of such category, but excludes clean ballast;
“ship” means a vessel of any type whatsoever operating in the marine environment and includes hydrofoil boats, hovercraft, submersibles and floating craft and also fixed or floating platforms except when they are actually engaged in exploration or exploitation of the sea-bed or associated offshore processing of sea-bed mineral resources;
“the MARPOL Convention” means the International Convention for the Prevention of Pollution from Ships, 1973, as amended ;
“the SOLAS Convention” means the International Convention for the Safety of Life at Sea, 1974, as amended ;
“tripartite agreement” means an agreement between Administrations for the carriage of unassessed liquid substances in accordance with MEPC Circular 265;
“ UKOPP Certificate ” means a United Kingdom Oil Pollution Prevention Certificate issued pursuant to the Merchant Shipping (Prevention of Pollution) Regulations 1996;
“unassessed liquid substance” means a liquid substance which is neither a noxious liquid substance nor a non-polluting substance and is not oil as defined in the Merchant Shipping (Prevention of Oil Pollution) Regulations 1996;
2
Any reference in these Regulations to any of the following —
a
the BCH Code;
b
the IBC Code;
c
the IGC Code;
d
an MEPC Circular;
e
the MARPOL Convention;
f
the SOLAS Convention; and
g
a Merchant Shipping Notice;
shall include a reference to any document amending it which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice.
3
In interpreting the IBC Code and the BCH Code —
a
the provisions of the BCH Code and IBC Code having been made mandatory under regulation 4(2) and (3) respectively the language thereof shall be construed accordingly;
b
references to the Administration shall, in relation to United Kingdom ships, be references to the Secretary of State; and references to the Port Administration shall in relation to all ships in United Kingdom national waters be references to the Secretary of State;
c
any reference to the 1974 SOLAS Convention shall be a reference to the SOLAS Convention as defined in these Regulations.
4
a
In these Regulations —
i
a reference to a numbered regulation is, unless otherwise stated, a reference to the regulation of that number in these Regulations; and
ii
a reference to a numbered paragraph is, unless otherwise stated, a reference to the paragraph of that number in that regulation.
b
Any approval given in pursuant to these Regulations shall be given in writing and shall specify the date when it is to come into force and the conditions (if any) on which it is given.
Application
3
1
a
Subject to subparagraph (b), these Regulations apply to —
i
all ships carrying in bulk noxious liquid substances or unassessed liquid substances;
ii
all chemical tankers carrying dangerous substances in bulk; and
iii
all oil tankers carrying pollution hazard substances in bulk.
b
These Regulations apply to ships which are —
i
United Kingdom ships, wherever they may be;
ii
other ships —
aa
while they are within United Kingdom waters; or
bb
in relation to regulation 5 so far as it relates to the discharge or washing of tanks which have carried noxious liquid substances or pollution hazard substances, and subject to regulations 15 and 16, while they are in controlled waters or any other waters which are sea.
2
In the case of a ship registered in a State which is not a Party to the SOLAS or to the MARPOL Conventions, these Regulations (except for regulations 5, 14, 16 and 17) shall not apply by reason of being in United Kingdom waters if it would not have been there but for stress of weather or any circumstances which could not have been prevented by the owner, the master or the charterer (if any).
Construction, equipment and operation
4
1
Every ship carrying in bulk noxious liquid substances or unassessed liquid substances shall comply with the provisions of Schedule 1 of Merchant Shipping Notice NLS No 1.
2
Except as provided for in paragraph (3)(b) and (c) chemical tankers constructed before 1st July 1986 shall be constructed, fitted, equipped, arranged and operated in accordance with those requirements of the BCH Code relevant to it.
3
Every ship specified in subparagraphs (a), (b) or (c) shall be constructed, equipped and operated in accordance with those requirements of the IBC Code relevant to it —
a
chemical tankers constructed on or after 1st July 1986;
b
ships converted to being chemical tankers on or after that date except oil tankers —
i
which were built before that date;
ii
which are converted for the purpose of carrying pollution hazard substances only;
iii
the conversion of which consists only of modifications necessary for compliance with Chapter VA of the BCH Code; and
c
(to the extent that the Secretary of State considers reasonable and practicable) chemical tankers which were constructed before 1st July 1986, but undergo repairs, alterations and modifications of a major character on or after, that date.
4
Where a chemical tanker is constructed or adapted to carry substances listed in Chapter 19 of the IGC Code (whether or not such substances are listed in Chapter 17 of the IBC Code) then, to the extent that the requirements of the IBC and IGC Codes are inconsistent, the requirements of the IGC Code shall prevail.
5
In every chemical tanker constructed on or after 1st July 1986 the pumping and piping arrangements serving any tank designated for the carriage of a Category B substance or a Category C substance shall be such that they comply with Schedule 1 in Merchant Shipping Notice No NLS 1.
Discharge of cargo tanks
5
a
The discharge of any noxious liquid substance into the sea is prohibited, except where permitted by Schedule 2 in Merchant Shipping Notice No NLS 1.
b
Tanks shall be washed, or prewashed, and the tank washings shall be dealt with, as prescribed in Schedule 2 in Merchant Shipping Notice No NLS 1.
Loading and carriage in bulk of dangerous or noxious liquid substances
6
No ship shall load in bulk, or carry in bulk, any dangerous or noxious liquid substances or substances subject to a tripartite agreement unless —
a
i
there is in force in respect of that ship a valid INLS Certificate, a BCH Code Certificate, an IBC Code Certificate or an appropriate Certificate covering the substance in question; and
ii
the loading and carriage of that substance is in accordance with the terms of that Certificate; or
b
i
either the Secretary of State or the government of a State Party to the SOLAS or MARPOL Conventions has given written permission for its carriage; and
ii
any conditions subject to which that permission was given are complied with; or
c
if the substance is an oil-like substance —
i
there is in force in respect of the ship a valid IOPP Certificate or a UKOPP Certificate suitably endorsed for the substance in question;
ii
the loading and carriage of that substance is in accordance with the terms of that certificate; and
iii
of Category C or D it is handled and carried in accordance with Schedule 3 in Merchant Shipping Notice No NLS 1.
Procedures and Arrangements Manual
7
1
Every ship carrying noxious liquid substances shall be provided with a Procedures and Arrangements Manual complying with IMO Standards.
2
Such a manual shall be approved, in the case of a United Kingdom ship, by the Secretary of State or, in the case of a ship registered in a State Party to the MARPOL Convention by or on behalf of the government of that State.
3
The Procedures and Arrangements Manual shall be kept on board the ship in such a place as to be readily available for inspection.
4
The Procedures and Arrangements Manual shall, in the case of a United Kingdom ship, be in English and, in the case of any other ship, be in, or include a translation into English or French.
Cargo Record Book
8
1
Every ship carrying noxious liquid substances shall be provided with a Cargo Record Book in the form specified in Annex II.
2
Whenever any of the following operations takes place in respect of any noxious liquid substance a record of the operation shall be made in the Cargo Record Book in relation to each tank affected by the operation —
a
loading of cargo;
b
internal transfer of cargo;
c
unloading of cargo;
d
cleaning of cargo tanks;
e
ballasting of cargo tanks;
f
discharge of ballast from cargo tanks;
g
disposal of residues to reception facilities;
h
discharge of residues into the sea in accordance with Schedule 2 in Merchant Shipping Notice No NLS 1;
i
removal of residues by ventilation.
3
In the event that any emergency discharge of the kind referred to in paragraph 15 of Schedule 2 in Merchant Shipping Notice No. NLS 1 of any noxious liquid substance or mixture containing such a substance is made or occurs, an entry shall be made without delay in the Cargo Record Book stating the circumstances of, and the reason for, the discharge.
4
The entries in the Cargo Record Book, in the case of a United Kingdom ship shall be in English and, in the case of any other ship in the official language of the State in which the ship is registered and, where that language is neither English nor French, in English or French. Each entry shall be signed by the officer or officers in charge of the operation and each page shall be signed by the master.
5
The Cargo Record Book shall be kept in such a place as to be readily available for inspection and, except in the case of unmanned ships under tow, shall be kept on board the ship. It shall be retained on board the ship for a period of three years after the last entry in it has been made.
Survey requirements
9
1
The structure, equipment, systems, fittings, arrangements and materials (other than items in respect of which a Cargo Ship Safety Construction Certificate, Cargo Ship Safety Equipment Certificate, Cargo Ship Safety Radiotelegraphy Certificate or a Cargo Ship Safety Radiotelephony Certificate is issued) of a ship to which these Regulations apply shall be subjected to the following surveys —
a
an initial survey before the appropriate Certificate is issued for the first time, which shall include a complete examination of its structure, equipment, systems, fittings, arrangements and materials in so far as the ship is covered by the appropriate Regulation; an initial survey shall be such as to ensure that the structure, equipment, systems, fittings, arrangements and materials comply with the applicable provisions of the appropriate Regulation;
b
a periodical survey at intervals not exceeding five years which shall be such as to ensure that the structure, equipment, systems, fittings, arrangements and materials comply with the applicable provisions of the appropriate Regulation;
c
a minimum of one intermediate survey during the period of validity of the appropriate Certificate; in cases where only one such intermediate survey is carried out in any one certificate validity period, it shall be held not before six months prior to, nor later than six months after, the half-way date of the certificate’s period of validity; intermediate surveys shall be such as to ensure that the equipment and associated pumps and piping systems comply with the applicable provisions of the appropriate Regulation and are in good working order; and shall be so endorsed by the surveyor on the appropriate Certificate;
d
an annual survey within three months before or after the anniversary date of the appropriate Certificate which shall include a general examination to ensure that the structure equipment, systems, fittings, arrangements and materials remain in all respects satisfactory for the service for which the ship is intended, and shall be so endorsed by the surveyor on the appropriate Certificate;
e
an additional survey, either general or partial according to the circumstances, shall be made when it has been determined under regulation 11(1)(c) to be necessary, or whenever any important repairs or renewals are made; such a survey shall ensure that the necessary repairs or renewals have been effectively made, that the materials and workmanship of such repairs or renewals are satisfactory, and that the ship is fit to proceed to sea without presenting an unreasonable threat of harm to the marine environment; a record of such survey shall be endorsed by the surveyor on the appropriate Certificate, stating that on completion of the survey the ship complied with the relevant provisions of appropriate Regulation.
2
Every such survey in the case of a United Kingdom ship shall be carried out by a surveyor appointed by the Secretary of State.
Issue of Appropriate Certificate
10
1
Upon satisfactory completion of an initial or periodical survey by a Surveyor appointed by the Secretary of State, the Secretary of State shall issue to a ship which complies with the relevant Regulations —
a
in the case of a chemical tanker —
i
a Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk; or
ii
an International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk; and
b
in the case of any other ship —
i
an INLS Certificate;
and any such certificate shall be issued for a period not exceeding 5 years from the date of issue.
2
A Certificate shall cease to be valid —
a
if any survey required by regulation 9(1)(c) or (d) is not completed within the period specified for that survey; or
b
if any survey required by regulation 9(1)(e) is not completed within such reasonable time as the surveyor may specify; or
c
upon transfer of the ship to a registry in another State.
3
In either of the cases specified in subparagraph (2)(a) or (b) the owner shall deliver up the certificate issued in relation to the ship to the Secretary of State on demand.
4
In the case of a ship which has transferred from a registry in another State Party to the Convention to registry in the United Kingdom and the Secretary of State is satisfied that —
a
the ship has been subjected to a satisfactory initial or periodical survey and to any intermediate, annual or additional surveys required;
b
the ship was issued by or on behalf of the government of that other State with an appropriate Certificate which would, but for the change of registry, have remained valid;
c
the condition of the ship and its equipment has been maintained in conformity with the provisions of these Regulations; and
d
since completion of the surveys referred to in subparagraph (a) no change has been made in the structure, equipment, systems, fittings, arrangements and materials covered by those surveys without the sanction of the government of that other State except by direct replacement;
the Secretary of State may, subject to such requirement as to survey or otherwise as he may think fit and notwithstanding the provisions of regulation 9(2), issue to that ship an appropriate Certificate for a period to be determined by the Secretary of State, but expiring not later than the expiry date of the certificate referred to in subparagraph (b).
5
The appropriate Certificate shall be kept on board the ship and shall be available for inspection at all reasonable times.
Responsibilities of owner and master
11
1
The owner and master of every ship to which this regulation applies shall ensure that —
a
the condition of the ship and its equipment shall be maintained so as to conform to the appropriate Regulations;
b
after any survey of the ship required by these Regulations has been completed, no material change shall be made to the structure, equipment, fittings, arrangements and materials which were subject to the survey, without the approval of the Secretary of State except by direct replacement;
c
whenever an accident occurs to a ship or a defect is discovered, either of which affects the safety or integrity of the ship, the safety of the crew or the efficiency or completeness of the equipment required by these Regulations —
i
it shall be reported at the earliest opportunity to the Secretary of State;
ii
if a United Kingdom ship is in a port outside the United Kingdom it is also reported immediately to the appropriate authority of the country in which the port is situated.
2
Whenever an accident or defect is reported to the Secretary of State under subparagraph (c), the Secretary of State shall cause investigations to be initiated to determine whether a survey by a surveyor is necessary and shall, is appropriate require such a survey to be carried out.
3
This regulation applied to —
i
United Kingdom ships; and
ii
except as regards subparagraph (1)(a) above, other ships which have been surveyed pursuant to these Regulations.
Equivalents
12
1
Where a regulation requires that a particular fitting, material, appliance, apparatus, item of equipment or type thereof should be fitted or carried in a ship, or that any particular provision should be made, or any procedure or arrangement should be complied with, the Secretary of State shall allow any other fitting, material, appliance, apparatus, item of equipment or type thereof to be fitted or carried, or any other provision, procedure or arrangement to be made in that ship, if he is satisfied by trial thereof or otherwise that such fitting, material, appliance, apparatus, item of equipment or type thereof, or that any particular provision, procedure or arrangement is at least as effective as that required by the appropriate Regulations.
2
The results of tests and certificates relating to them, carried out by an inspection and control body or a laboratory which is officially recognised in another member State of the European Community, offering independent and professional technical guarantees which are suitable and satisfactory shall be considered equivalent.
Exemptions
13
The Secretary of State may exempt any ship or class or description of ship from any of the requirements of these Regulations, subject to such conditions as he may specify, and may alter or cancel any exemption so granted.
Penalties
14
1
If there is any contravention of these Regulations the owner and master of the ship shall each be guilty of an offence punishable on summary conviction by a fine not exceeding the statutory maximum, or on conviction on indictment, by a fine.
2
It shall be a defence for a person charged with an offence under these Regulations to prove that he took all reasonable steps to ensure that the regulations in question were complied with.
Inspection and detention
15
1
A ship to which these Regulations apply shall be subject in any United Kingdom port to inspection by persons appointed by the Secretary of State.
2
The inspector may investigate any operation regulated by these Regulations if there are clear grounds for believing that the master or crew are not familiar with essential ship board procedures for preventing pollution by a substance referred to in regulation 3(1)(a). In the event of any such inspection revealing deficiencies the inspector shall take such steps as he may consider necessary to ensure that the ship will not sail until the situation has been brought to order.
3
a
In any case where a ship does not comply with these Regulations the ship shall be liable to be detained.
b
Where the steps taken by an inspector under paragraph (2) involve detention of the ship, or in the event of detention under this paragraph, then section 284 of the Merchant Shipping Act 1995 (which relates to the detention of a ship) shall have effect in relation to the ship, subject to the modifications that as if for the words “this Act” wherever they appear there were substituted the words “the Merchant Shipping (Dangerous or Noxious Liquid Substances in Bulk) Regulations 1996”.
4
Where a ship other than a United Kingdom ship is detained pursuant to subparagraph (3)(a) the Secretary of State shall immediately inform the consul or diplomatic representative of the State whose flag the ship is entitled to fly or the appropriate maritime authorities of that State.
Restriction on jurisdiction over offences outside UK limits
16
1
No proceedings for an offence of contravening regulation 5 by a ship which is not a United Kingdom ship, which relates to a discharge in the internal waters, territorial waters or exclusive zone of another State shall be instituted unless —
a
that State, the Flag State or a State damaged or threatened by the discharge requests that proceedings be taken; or
b
the discharge has caused or is likely to cause pollution in the internal waters, territorial sea or controlled waters of the United Kingdom.
2
Where proceedings for an offence of contravening regulation 5 by a ship which is not a United Kingdom ship which relates to a discharge in the internal waters, territorial sea or exclusive economic zone of another State have been instituted but not concluded, and that State requests suspension of the proceedings, then —
a
proceedings shall be suspended;
b
the Secretary of State shall transmit all the evidence and court records and documents relating to the case to that State.
3
It shall be a defence to charge of contravening regulation 5 for the defendant to show —
a
that the ship is not a United Kingdom ship; and
b
the discharge took place outside United Kingdom waters and controlled waters; and
c
the ship was in a port in the United Kingdom at the time of institution of proceedings by reason only of stress of weather or other reason beyond the control of the master or charterer.
Suspension of proceedings at flag state request
17
1
This regulation relates to an alleged offence of contravening regulation 5 by a ship which is not a United Kingdom ship, in relation to a discharge beyond the United Kingdom’s territorial sea.
2
a
Any proceedings for such an offence shall be suspended if the Court is satisfied that the Flag State has instituted proceedings corresponding to the proceedings in United Kingdom in respect of the discharge, within six months of the institution of proceedings in the United Kingdom.
b
Subparagraph (a) above does not apply —
i
where the discharge resulted in major damage to the United Kingdom; or
ii
the Secretary of State certifies that the Flag State has repeatedly disregarded its obligation to enforce effectively the requirements of the Convention in respect of its ships.
3
Where proceedings instituted by the Flag State have been brought to a conclusion, the suspended proceedings shall be terminated.
Signed by the authority of the Secretary of State for Transport
Goschen
Parliamentary Under Secretary of State,
Department of Transport
29th November 1996


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Incapacity for Work and Miscellaneous Amendments) Regulations 1996 and shall come into force on 6th January 1997.
2
In these Regulations —
“the Incapacity General Regulations ” means the Social Security (Incapacity for Work) (General) Regulations 1995 ;
“the Incapacity Transitional Regulations ” means the Social Security (Incapacity Benefit) (Transitional) Regulations 1995 and
“the Overlapping Benefits Regulations ” means the Social Security (Overlapping Benefits) Regulations 1979 .
Amendment of the Incapacity General Regulations
2
1
The Incapacity General Regulations shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 2(1) (interpretation) —
a
in the definition of “doctor” after the word “practitioner” there shall be inserted —
, or in the case of a medical practitioner practising outside the United Kingdom of whom the Secretary of State may request a medical opinion, a person registered or recognised as such in the country in which he pursues his medical practice
;
b
after the definition of “doctor” there shall be inserted —
“medical evidence” means —
evidence from a doctor approved by the Secretary of State, and
evidence (if any) from any other doctor, or a hospital or similar institution,
or such part of such evidence as constitutes the most reliable evidence available in the circumstances;
;
c
after the definition of “the President” there shall be inserted —
“relative” means a close relative, a spouse or, in the case of an unmarried couple, the other member of that couple, grandparent, grandchild, uncle, aunt, nephew or niece;
;
d
for the words “spell or incapacity” there shall be substituted the words “spell of incapacity”;
e
the definition of “voluntary organisation” shall be omitted;
f
for the definition of “volunteer” there shall be substituted —
“volunteer” means a person who is engaged in voluntary work, otherwise than for a close relative, where the only payment received by him or due to be paid to him by virtue of being so engaged is in respect of any expenses reasonably incurred by him in connection with that work;
.
3
In regulation 10(2) (certain persons with a severe condition to be treated as incapable of work), in sub-paragraph (e) —
a
for the words “that a doctor approved by the Secretary of State has certified that he is suffering from any of the following conditions — ” there shall be substituted the words “that he is suffering from any of the following conditions, and there exists medical evidence that he is suffering from any of them — ”;
b
in head (ii), for the words “and muscle” there shall be substituted “or muscle”; and
c
for head (viii) there shall be substituted —
viii
a severe mental illness, involving the presence of mental disease, which severely and adversely affects a person’s mood or behaviour, and which severely restricts his social functioning, or his awareness of his immediate environment.
4
In regulation 13 (person receiving certain regular treatment), in sub-paragraph (b) of paragraph (1), for the word “immuno-suppresive” there shall be substituted “immuno-suppressive”.
5
In regulation 16 (person who works to be treated as capable of work) —
a
in paragraph (2) there shall be omitted the word “close”;
b
in sub-paragraph (a) of paragraph (3) —
i
the words “in any spell of incapacity” shall be omitted, and
ii
after the word “work” there shall be inserted “in any period”; and
c
in sub-paragraph (b) of paragraph (3), for the words “any spell of incapacity” there shall be substituted the words “any period in which he is incapable of work”.
6
In regulation 18(1) (disqualification for misconduct etc. ), in sub-paragraph (b), for the words from “which could significantly” to “therefrom or” there shall be substituted “recommended by a doctor with whom, or a hospital or similar institution with which, he is undergoing medical treatment and,”.
7
In regulation 25 (assessment under the all work test) —
a
in paragraph (2), at the end there shall be added “or, as the case may be, any aid or appliance which he normally wears or uses”; and
b
after paragraph (2) there shall be inserted —
3
In determining the extent of a person’s incapacity to perform any activity listed in Part I or Part II, it shall be a condition that the person’s incapacity arises —
a
in respect of a disability listed in Part I, from a specific bodily disease or disablement; or
b
in respect of a disability listed in Part II, from some specific mental illness or disablement.
.
8
In regulation 26(1) (calculation of scores) —
a
in sub-paragraph (a), for the words “a score”, where they first appear, there shall be substituted “an aggregate score”;
b
in sub-paragraph (b) —
i
for the words “a score” there shall be substituted the words “an aggregate score”, and
ii
for the words “any descriptor” there shall be substituted the words “the descriptors”.
9
For regulation 27 (exceptional circumstances) there shall be substituted —
27
1
A person who does not satisfy the all work test shall be treated as incapable of work if any of the circumstances set out in paragraph (2) apply to him
2
The circumstances are that —
a
he is suffering from a severe life threatening disease in relation to which —
i
there is medical evidence that the disease is uncontrollable, or uncontrolled, by a recognised therapeutic procedure, and
ii
in the case of a disease which is uncontrolled, there is a reasonable cause for it not to be controlled by a recognised therapeutic procedure;
b
he suffers from a previously undiagnosed potentially life threatening condition which has been discovered during the course of a medical examination carried out for the purposes of the all work test by a doctor approved by the Secretary of State;
c
there exists medical evidence that he requires a major surgical operation or other major therapeutic procedure and it is likely that that operation or procedure will be carried out within three months of the date of a medical examination carried out for the purposes of the all work test.
.
10
In regulation 28 (conditions for treating the all work test as satisfied until assessment), in paragraph (2)(b), after the word “advantage” there shall be inserted “which is dependent on him being incapable of work”.
11
In the Schedule (disabilities which may make a person incapable of work —
a
in Part I (physical disabilities), in column (1) (activity) —
i
in item 8, after the word “carrying” there shall be inserted “by the use of upper body and arms (excluding all other activities specified in Part I of this Schedule)”,
ii
in item 13, after the word “Continence” there shall be inserted “(other than enuresis (bed wetting)).”,
iii
in item 14, for the words “other than for normal periods of sleep” there shall be substituted “without having epileptic or similar seizures during waking moments”;
b
in Part I (physical disabilities), in column (2) (descriptor) —
i
in item 3(b) to (e), after the word “chair” there shall be added “because the degree of discomfort makes it impossible to continue sitting”,
ii
in item 6(b) and (c) for the words “bend or kneel” there shall be substituted the words “either, bend or kneel, or bend and kneel”,
iii
in item 7 —
aa
for head (b) there shall be substituted “Cannot turn a sink tap or the control knobs on a cooker with either hand”,
ab
for head (f) there shall be substituted “Cannot turn a sink tap or the control knobs on a cooker with one hand, but can with the other”, and
ac
in head (g) after the word “hand” there shall be added “, but can with the other”,
iv
in item 8, in heads (e) and (f), after the word “hand” there shall be added “, but can with the other”,
v
in item 9 —
aa
in head (a), after the word “arm” there shall be inserted “as if”,
ab
in heads (b) and (d) to (f), after the word “head” there shall be inserted “as if”,
ac
in head (c), after the word “back” there shall be inserted “as if”, and
ad
in heads (e) and (f), at the end there shall be added “, but can with the other”,
vi
in item 12 —
aa
in head (d), after the word “room” there shall be inserted “at a distance of at least 5 metres”, and
ab
in head (e), after the word “road” there shall be inserted “at a distance of at least 15 metres”;
c
in Part II (mental disabilities), in column (2) (descriptor), in item 15 —
i
in head (c), after the word “radio” there shall be inserted “or television”, and
ii
in head (g), for the words “mishaps or” there shall be substituted “potentially dangerous”.
Amendment of the Incapacity Transitional Regulations
3
1
The Incapacity Transitional Regulations shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 11 (transitional awards of short-term incapacity benefit) —
a
in paragraph (4), for the word “Where” there shall be substituted “Subject to paragraph (5), where”; and
b
after paragraph (4) there shall be inserted —
5
Where paragraph (4) applies to a person whose transitional award of short-term incapacity benefit was in respect of a personal injury of a kind mentioned in section 94(1) of the 1992 Act, he shall be entitled to the long-term incapacity benefit only if his incapacity for work continues to result from that personal injury.
3
In regulation 17(3) (transitional awards of long-term incapacity benefit) after the word “age”, where it appears in the second place, there shall be inserted “or until the first day on which he is entitled to retirement pension, whichever date is the earlier”
4
In regulation 18 (rate of long-term incapacity benefit in transitional cases —
a
in paragraph (1)(c), for the words “by virtue of section 34” there shall be substituted “pursuant to subsection (3) of section 34”;
b
in paragraph (4) there shall be omitted the words from “and he shall” to the end; and
c
in paragraph (7), after the word “age”, where it appears for the third time, there shall be inserted the words “or until the first day on which he is entitled to retirement pension, whichever date is the earlier,”
5
In regulation 31 (application of the new tests of incapacity for work) —
a
in paragraph (1), for the words from “and on” to “to him,” there shall be substituted the words “and he continues to be incapable of work on or after the appointed day, the all work test shall apply to him, but”;
b
in paragraph (5) —
i
in sub-paragraph (h), for the words “a doctor approved by the Secretary of State has certified that person is suffering from any of the following conditions — ” there shall be substituted the words “a person is suffering from any of the following conditions, and there exists medical evidence that he is suffering from any of them — ”; and
ii
for head (viii) of sub-paragraph (h) there shall be substituted —
viii
a severe mental illness, involving the presence of mental disease, which severely and adversely affects a person’s mood or behaviour, and which severely restricts his social functioning, or his awareness of his immediate environment.
; and
c
after paragraph (5) there shall be inserted —
6
In sub-paragraph (h) of paragraph (5), “medical evidence” means —
a
evidence from a doctor approved by the Secretary of State; and
b
evidence (if any) from any other doctor, or a hospital or similar institution,
or such part of such evidence as constitutes the most reliable evidence available in the circumstances.
Amendment of the Overlapping Benefits Regulations
4
In regulation 4 of the Overlapping Benefits Regulations (adjustment of personal benefit under Parts II and III of the Contributions and Benefits Act where other personal benefit under those Parts or graduated retirement benefit is payable), after paragraph (5) there shall be inserted —
6
For the purposes of this regulation —
“additional pension” means a pension payable with a personal benefit under Part II of the Contributions and Benefits Act or an additional rate; and
“additional rate” means an additional amount equal to the rate paid or payable as an additional pension with invalidity benefit immediately before 13th April 1995 which is payable after that date pursuant to regulation 18 of the Social Security (Incapacity Benefit) (Transitional) Regulations 1995 .
Signed by authority of the Secretary of State for Social Security
Alistair Burt
Minister of State,
Department of Social Security
19th December 1996


text:
This Order may be cited as the Professions Supplementary to Medicine (Registration Rules) (Amendment) Order of Council 1996.
N. H. Nicholls
Clerk of the Privy Council


text:
1
These Regulations may be cited as the Civil Aviation (Air Travel Organisers' Licensing) (Amendment) Regulations 1996 and shall come into force on 21st June 1996.
2
The Civil Aviation (Air Travel Organisers' Licensing) Regulations 1995 shall be amended as follows:
1
For regulation 3(1)(a) there shall be substituted:
a
he is the operator of the relevant aircraft when the flight is made (in these Regulations called “an operator”);
.
2
In regulation 4(5)(b) “first class” shall be omitted.
Signed by authority of the Secretary of State for Transport
Goschen
Parliamentary Under Secretary of State,
Department of Transport
28th May 1996


text:
1
This Order may be cited as the Dartford-Thurrock Crossing Tolls Order 1996 and shall, in accordance with section 17(11) of the Dartford-Thurrock Crossing Act 1988, come into force on 1st September 1996.
2
1
The toll leviable in respect of each of the classes of vehicles set out in column (1) of the Schedule to this Order shall be of the amount set out or described opposite thereto in column (2) of that Schedule.
2
For the purposes of determining the class of vehicles to which a trailer belongs, a trailer which, when being drawn, is attached to the vehicle drawing it by partial superimposition shall be regarded as part of the vehicle drawing it and not as a separate vehicle.
3
The Dartford-Thurrock Crossing Tolls Order 1995 is hereby revoked.
Signed by authority of the Secretary of State for Transport
John Bowis
Parliamentary Under-Secretary of State,
Department of Transport
5th August 1996


text:
1
These Regulations may be cited as the Local Authorities (Capital Finance) (Rate of Discount for 1996/97) Regulations 1996 and shall come into force on 1st April 1996.
2
The percentage rate of discount prescribed for the financial year beginning on 1st April 1996 for the purposes of defining “r” in section 49(2) of the Local Government and Housing Act 1989 shall be 9.1 per cent.
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,
Department of the Environment
4th March 1996
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
5th March 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Swindon and Marlborough National Health Service Trust (Transfer of Trust Property) Order 1996, and shall come into force on 6th November 1996.
2
In this Order —
“the Authority” means the Wiltshire Health Authority established on 1st April 1996;
“the old Authority” means the Wiltshire and Bath Health Authority established on 1st April 1994 and abolished on 1st April 1996 ;
“the Trust” means the Swindon and Marlborough Health National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the old Authority and the Trust on 4th March 1996, which schedule has been signed on behalf of both the old Authority and the Trust.
Transfer of trust property
2
On 6th November 1996 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State
Department of Health
3rd October 1996