text:
Title, extent and commencement
1
These Regulations may be cited as the Hill Livestock (Compensatory Allowances) (Amendment) Regulations 1996, shall extend to Great Britain and shall come into force on 1st February 1996.
Amendments to the Hill Livestock (Compensatory Allowances) Regulations 1994
2
1
The Hill Livestock (Compensatory Allowances) Regulations 1994 shall be amended in accordance with the following paragraphs of this regulation.
2
In the definition of “ ECU ” in paragraph (1) of regulation 2 (interpretation) there shall be substituted for the phrase beginning with the reference to Council Regulation ( EEC ) No. 3180/78 and ending with the reference to Council Regulation (EEC) No. 1971/89 the phrase “Council Regulation ( EC ) No. 3320/94 on the consolidation of the existing Community legislation on the definition of the ecu following the entry into force of the Treaty on European Union ”.
3
In the definition of “livestock unit” in paragraph (1) of regulation 2 there shall be substituted for the phrase beginning with “Council Regulation” where those words appear for the first time and ending at the end of the definition the phrase “Council Regulation (EEC) No. 2328/91 on improving the efficiency of agricultural structures , as last amended by Commission Regulation (EC) No. 2387/95 ”.
4
The following paragraph shall be substituted for paragraph (3) of regulation 3 (compensatory allowances) —
3
Subject to the following provisions of these Regulations, a compensatory allowance for cattle shall be payable in respect of the number of breeding cows comprised in a herd on the qualifying day at the following rates —
a
in the case of cows maintained by a person whose eligible land comprises solely severely disadvantaged land, £47.50 or 150 ECU per cow;
b
in the case of cows maintained by a person whose eligible land comprises severely disadvantaged land and disadvantaged land —
i
£47.50 or 150 ECU per cow up to an amount of money calculated by multiplying the total number of hectares of that severely disadvantaged land which was included in an area aid application made under Commission Regulation 3887/92 in the year preceding the Scheme year to which that qualifying day relates or which is relevant afforested land by £88.70 and deducting from the resulting figure any compensatory allowance for sheep maintained by that person payable under paragraph (4)(a), and
ii
thereafter for additional cows £23.75 or 150 ECU per cow; or
b
in the case of cows maintained by a person whose eligible land comprises solely disadvantaged land, £23.75 or 150 ECU per cow.
.
5
The following paragraph shall be substituted for paragraph (4) of regulation 3 —
4
Subject to the following provisions of these Regulations, a compensatory allowance for sheep shall be payable in respect of the number of ewes comprised in a qualified flock on the qualifying day at the following rates —
a
in the case of ewes of a hardy breed or hardy cross-breed comprised in a qualified flock which is a specially qualified flock, £5.75 or 22.50 ECU per ewe; and
b
in the case of any other ewes maintained by a person —
i
whose eligible land comprises solely severely disadvantaged land, £3 or 22.50 ECU per ewe,
ii
whose eligible land comprises severely disadvantaged land and disadvantaged land, £3 or 22.50 ECU per ewe, for a number of ewes calculated by multiplying the total number of hectares of that severely disadvantaged land which was included in an area aid application made under Commission Regulation 3887/92 in the year preceding the Scheme year to which that qualifying day relates and was determined by the appropriate Minister to be eligible forage area for the purposes of that Regulation or which is relevant afforested land by 6 and deducting from the resulting figure the number of ewes, if any, falling within sub-paragraph (a) of this paragraph, up to an amount of money calculated by multiplying the said total number of hectares by £88.70 and deducting from the resulting figure any compensatory allowance for cattle maintained by that person payable under paragraph (3)(b)(i) and any compensatory allowance for sheep maintained by that person payable under sub-paragraph (a) of this paragraph, and thereafter for additional ewes £2.65 or 22.50 ECU per ewe, or
iii
whose eligible land comprises solely disadvantaged land, £2.65 or 22.50 ECU per ewe.
.
6
For the existing text of regulation 5(1)(d) there shall be substituted —
a number calculated at the rate of —
i
six ewes for each hectare of severely disadvantaged land, and
ii
nine ewes for each hectare of disadvantaged land,
which land was included in an area aid application made under Commission Regulation 3887/92 in the year preceding that Scheme year and was determined by the appropriate Minister to be eligible forage area for the purposes of that Regulation or which is relevant afforested land
.
Tim Boswell
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
9th January 1996
Lindsay
Parliamentary Under Secretary of State, Scottish Office
9th January 1996


type: legislation

jurisdiction: UK

text:
Citation
1
This Order may be cited as the Derbyshire Fire Services (Combination Scheme) Order 1996 and shall come into force on the day after the day on which it is made.
Combination Scheme
2
The combination scheme set out in the Schedule to this Order, which shall be known as the Derbyshire Fire Services Combination Scheme, shall have effect.
Blatch
Minister of State
Home Office
19th November 1996


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (South Downs) Designation (Amendment) Order 1996 and shall come into force on 17th April 1996.
Amendment
2
–
1
The Environmentally Sensitive Areas (South Downs) Designation Order 1992 shall be amended in accordance with paragraph (2) of this article.
2
In paragraph (2) of article 6 (rates of payment under agreement), for the table there shall be substituted the following table:
Option £ per hectare of land per annum
1 290 2 250 3 80
.
Saving
3
Article 2 of this Order shall not apply in respect of any annual payment to a farmer which relates wholly or in part to any period before 1st April 1996.
Tim Boswell
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
25th March 1996
We consent,
Simon Burns
Liam Fox
Two of the Lords Commissioners of Her Majesty’s Treasury
21st March 1996


text:
1
This Order may be cited as the Capital Allowances Act 1990, section 33A, (Appointed Day) Order 1996.
2
The date appointed for the purposes of section 33A of the Capital Allowances Act 1990 as the date before which no claim under that section may be made is 31st May 1996.
Derek Conway
Simon Burns
Two of the Lords Commissioners of Her Majesty’s Treasury
16th May 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Oxford Radcliffe Hospital National Health Service Trust (Transfer of Trust Property) Order 1996 and shall come into force on 31st July 1996.
2
In this Order —
“the Authority” means the Oxfordshire Health Authority;
“the Trust” means the Oxford Radcliffe Hospital National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 1st April 1996, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 31st July 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
8th July 1996


text:
Citation and commencement
1
This Order may be cited as the Housing (Right to Buy) (Priority of Charges) Order 1996 and shall come into force on 20th February 1996.
Specified Bodies
2
The following bodies are hereby specified as approved lending institutions for the purposes of section 156 of the Housing Act 1985 (priority of charges) —
a
Bradford & Bingley Loans Limited;
b
Bradford & Bingley Management Limited;
c
Bradford & Bingley Secured Loans Limited;
d
Bradford & Bingley Secured Loans Management Limited;
e
Chelsea Mortgage Services Limited;
f
City Mortgage Corporation Limited;
g
Pickering Finance Limited;
h
Swift Advances Plc;
i
Swift Securities Plc.
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,
Department of the Environment
25th January 1996
We consent,
Liam Fox
Simon Burns
Two of the Lords Commissioners of Her Majesty’s Treasury
30th January 1996


text:
Citation and commencement
1
This Order may be cited as the Financial Services (Gas Industry Exemption) Order and shall come into force on 1st March 1996.
Exemption
2
British Gas plc shall be an exempted person as respects any activities within paragraph 12 or 13 of Schedule 1 to the Financial Services Act 1986 in which it engages in its capacity as a public gas transporter licensed under section 7 of the Gas Act 1986 which enable or facilitate persons holding licences under section 7A(2) of the Gas Act 1986 to buy or sell investments within paragraph 8 of Schedule 1 to the Financial Services Act 1986.
Simon Burns
Liam Fox
Two of the Lords Commissioners of Her Majesty’s Treasury.
29th February 1996


text:
Commencement and citation
1
This Order may be cited as the A3 Trunk Road (Merton) Red Route (Clearway) Traffic Order 1996, and shall come into force on 16th September 1996.
Interpretation
2
In this Order —
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route clearway” means the lengths of road specified in column (2) of the table in schedule 1;
f
“vehicle” includes part of a vehicle; and
g
an entry in column (3) , (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule.
General prohibition of stopping
3
1
Subject to the provisions of paragraph (2) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop at any time in the trunk road red route clearway.
2
Not taken up.
Exemptions for parking
4
Not taken up
Miscellaneous exemptions for parking
5
1
Not taken up.
2
Not taken up.
3
Not taken up.
4
Not taken up.
Exemptions for loading and unloading
6
Not taken up.
Exemptions for disabled persons
7
1
Not taken up.
2
Not taken up.
3
Not taken up.
Exemptions at bus stops and stands
8
1
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to which this article applies to stop at a bus stop (being an area of road bounded by a traffic sign which includes the words “bus stop”) for so long only as may be required to enable passengers to get on or off the vehicle or, in the case of a vehicle being used to provide a local service, for so long only as may be required for a change of crew.
2
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle being used to provide a local service to stop at a bus stand (being an area of road bounded by a traffic sign which includes the words “bus stand”) for so long only as may be required for timetabling reasons.
3
This article applies —
a
before 1 January 1997 to
i
a public service vehicle used for the provision of a local service or a scheduled express service,
ii
a school bus, and
iii
a works bus; and
b
after 31 December 1996 to
i
a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver), and
ii
a local bus not so constructed or adapted.
4
In this article “local bus”, “local service”, “scheduled express service”, “school bus” and “works bus” have the meanings given to those expressions in regulation 4 of the Traffic Signs Regulations and General Directions 1994 .
Other exemptions
9
1
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to stop if that person is —
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Revocation of existing Orders
10
1
The Greater London Council 1977 No. 107 The Merton (Waiting and Loading Restriction) Order 1977 and the A3 Trunk Road (Merton) Red Route (Clearway) Experimental Traffic Order 1995 is hereby revoked, in so far as its provisions relate to any part of the trunk road red route clearway.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
9th September 1996


text:
Citation and commencement
1
This Order may be cited as the Dog Fouling (Fixed Penalties) Order 1996 and shall come into force on 1st December 1996.
Form of notice
2
A notice offering the opportunity of discharging any liability to conviction for an offence committed under section 3 of the Dogs (Fouling of Land) Act 1996 by payment of a fixed penalty shall be in the form prescribed in the Schedule to this Order or a form substantially to the like effect.
Amount of fixed penalty
3
For the purposes of section 4 of the Dogs (Fouling of Land) Act 1996 (fixed penalty notices), for the amount of £10 specified as the amount of the fixed penalty in section 88(6) of the Environmental Protection Act 1990 there shall be substituted the amount of £25.
Signed by authority of the Secretary of State for the Environment
James Clappison
Parliamentary Under-Secretary of State,
Department of the Environment
29th October 1996
Signed by authority of the Secretary of State for Wales
Jonathan Evans
Parliamentary Under-Secretary of State,
Welsh Office
30th October 1996


text:
1
This Order may be cited as the Value Added Tax (Anti-avoidance (Heating)) Order 1996 and shall apply in relation to any supply made on or after 27th June 1996 and any acquisition or importation taking place on or after that date.
2
Group 2 of Schedule 8 to the Value Added Tax Act 1994 (sewerage services and water) shall be varied as follows —
a
the word “and” at the end of paragraph (a) of item 2 shall be omitted; and
b
there shall be added after paragraph (b) of that item —
and
c
water which has been heated so that it is supplied at a temperature higher than that at which it was before it was heated.
Michael Bates
Liam Fox
Two of the Lords Commissioners of Her Majesty’s Treasury
26th June 1996


text:
Citation and commencement
1
This Order may be cited as the A30 Trunk Road (Hounslow) Red Route (Prescribed Routes and Prohibitive Turns No. 2) Traffic Order 1996, and shall come into force on 17th January 1996.
Interpretation
2
In this Order —
a
causing includes permitting, and cause shall be construed accordingly;
b
any reference to a named road is to the road bearing that name in the London Borough of Hounslow;
c
“the trunk road” means that length of the A30 trunk road, known as the Great South West Road, which lies in the London Borough of Hounslow;
d
“The Parkway island no. 1” means the triangular island site situated at or adjacent to the junction of the trunk road and the western carriageway of The Parkway;
e
“The Parkway island no. 2” means the triangular island site situated at or adjacent to the junction of the trunk road and the eastern carriageway of The Parkway;
f
“The Causeway island” means the triangular island site situated at or adjacent to the junction of the trunk road and the western carriageway of The Causeway;
g
“bus” means a vehicle to which regulation 22(2) of the Traffic Signs Regulations and General Directions 1994 .
Prescribed Routes and Prohibitive Turns
3
Subject to the provisions of article 4 or 5 below —
a
every person causing any vehicle to proceed —
i
north-eastward in the trunk road on the south-east side of The Parkway island no. 1, shall cause that vehicle on reaching the junction with The Parkway and The Causeway to continue to proceed north-eastward in the trunk road;
ii
northward in The Causeway on the east side of The Causeway island, shall cause that vehicle on reaching the junction with the trunk road to proceed ahead into The Parkway;
iii
southward in The Parkway between the west side of The Parkway island no. 2 and the eastern central reservation in that road at or adjacent to its junction with the trunk road, shall cause that vehicle on reaching the junction with the trunk road to proceed ahead into The Causeway;
iv
southward in The Parkway between the eastern and western central reservations in that road at or adjacent to its junction with the trunk road, shall cause that vehicle to turn right into the trunk road;
v
in the slip road linking the trunk road and The Parkway on the north-west side of The Parkway island no. 1, shall cause that vehicle to turn left into The Parkway;
vi
in the slip road linking The Parkway and the trunk road on the north-east side of The Parkway island no. 2, shall cause that vehicle to turn left into the trunk road;
vii
in the slip road linking The Causeway and the trunk road on the south-west side of The Causeway island, shall cause that vehicle to turn left into the trunk road;
b
no person shall cause any vehicle proceeding in the trunk road to turn right into The Parkway.
Exemptions
4
Nothing in Article 3 of this Order shall apply —
a
to anything done with the permission or at the direction of a police constable in uniform or a traffic warden; or
b
to a vehicle being used for fire brigade, ambulance or police purposes.
5
Nothing in Article 3(a) shall apply to a person causing a bus to turn right into The Causeway from the trunk road.
Amendment of Orders
6
The Trunk Road (Great South West Road, Hounslow) (Prescribed Routes) Order 1977 shall be varied so that Articles 6, 11, 16 and 17 therein are hereby omitted.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
12th January 1996


text:
1
This Order may be cited as the Railways Act 1993 (Consequential Modifications) (No. 5) Order 1996 and shall come into force on 20th March 1996.
2
The provisions of the Schedule hereto shall have effect.
Signed by authority of the Secretary of State for Transport
John Watts
Minister of State,
Department of Transport
26th February 1996


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Essex Coast) Designation (Amendment) Order 1996 and shall come into force on 1st September 1996.
Amendment of the Environmentally Sensitive Areas (Essex Coast) Designation Order 1994
2
1
The Environmentally Sensitive Areas (Essex Coast) Designation Order 1994 shall be amended in accordance with the following paragraphs of this article.
2
In article 7 (rates of payment under agreement) —
a
in the table in paragraph (3), for “£210” there shall be substituted “£230”;
b
in paragraph (4), for “£220” there shall be substituted “£260”; and
c
for paragraph (5), there shall be substituted the following —
5
Where an agreement includes a conservation plan, the Minister shall also make payments in respect of operations included in the plan, subject to a maximum of £15,000 for that agreement.
3
In Schedule 3 (additional provisions relating to permanent grassland) —
a
in paragraph (1)(a) of Option 1 —
i
for “1st August” there shall be substituted “1st September”, and
ii
for “28th February” there shall be substituted “31st January”;
b
in paragraph (1)(b) of Option 1 for “1st March” there shall be substituted “1st February”;
c
in paragraph (1)(c) of Option 1 —
i
for “1st April” there shall be substituted “1st March”, and
ii
for “31st July” there shall be substituted “30th April”;
d
for paragraph (8) of Option 1, there shall be substituted the following —
8
the farmer shall —
a
within two years of the start of the agreement agree in writing with the Minister a programme for the management of ditches and dykes for which he is responsible; and
b
carry out that programme in accordance with the agreement.
; and
e
for paragraph (7) of Option 2, there shall be substituted the following —
7
the farmer shall —
a
within two years of the start of the agreement agree in writing with the Minister a programme for the mangement of the ditches and dykes for which he is responsible; and
b
carry out that programme in accordance with the agreement.
4
In Schedule 4 (additional provisions relating to the reversion of arable land to permanent grassland), after paragraph (3) there shall be added the following paragraph —
4
the farmer shall not exceed a stocking level of 1.4 livestock units per hectare.
5
In Schedule 5 (conservation plan operations), after the word “restoration” in paragraph 4 there shall be added the words “or creation”.
Saving
3
1
Article 2(2) of this Order shall not apply in respect of any annual payment to a farmer which relates wholly or in part to any period before 1st September 1996.
2
Article 2(4) of this Order shall not apply in relation to any agreement made before 1st January 1997.
Tony Baldry
Minister of State, Ministry of Agriculture, Fisheries and Food
7th August 1996
We consent,
Bowen Wells
Simon Burns
Two of the Lords Commissioners of Her Majesty’s Treasury
12th August 1996


text:
Citation and commencement
1
This Order may be cited as the Prohibition of Keeping of Live Fish (Crayfish) (Amendment) Order 1996 and shall come into force on 29th May 1996.
Amendment of principal Order
2
For the Schedule to the Prohibition of Keeping of Live Fish (Crayfish) Order 1996 there shall be substituted the Schedule set out in the Schedule to this Order.
Tony Baldry
Minister of State, Ministry of Agriculture, Fisheries and Food
23rd May 1996
Rod Richards
Parliamentary under Secretary of State, Welsh Office
22nd May 1996


text:
1
This Order may be cited as the Asylum (Designated Countries of Destination and Designated Safe Third Countries) Order 1996 and shall come into force on the day after the day on which it is made.
2
The following countries are designated as ones in which it appears to the Secretary of State that there is in general no serious risk of persecution:
Bulgaria
Cyprus
Ghana
India
Pakistan
Poland
Romania.
3
The following countries are designated for the purpose of section 3(2) of the Asylum and Immigration Act 1996 (person who has been, or is to be, sent to such a country not entitled to bring or pursue an appeal so long as he is in the United Kingdom):
Canada
Norway
Switzerland
United States of America.
Ann Widdecombe
Minister of State
Home Office
19th October 1996


text:
Commencement and citation
1
This Order may be cited as The A23 Trunk Road (Croydon) Red Route (Prescribed Route) Traffic Order 1996, and shall come into force on 16th December 1996.
Interpretation
2
In this Order
a
cause includes permit;
b
“Purley Way” means that length of the A23 Trunk Road in the London Borough of Croydon known as Purley Way;
c
“Brighton Road” means that length of the A23 Trunk Road in the London Borough of Croydon known as Brighton Road;
d
“Chipstead Valley Road”, “Stafford Road”, “Denning Avenue”, and “Lion Green Road” means the roads of those names in the London Borough of Croydon;
e
“north eastern triangular island” means the triangular island site situated on the east side of the southbound carriageway of Purley Way at its junction with the north eastern arm of Stafford Road;
f
“south western triangular island” means the triangular island site situated on the west of Purley Way at its junction with the south western arm of Stafford Road.
Prohibition
3
Subject to the provisions of article 4 below —
a
No person shall cause a vehicle to turn right on entering Brighton Road from Chipstead Valley Road.
b
No person shall cause a vehicle to make a U-turn on entering Brighton Road from Lion Green Road.
c
No person shall cause any vehicle proceeding south bound in Purley Way to make a left turn into the north eastern arm of Stafford Road via the west and south sides of the north eastern triangular island.
d
No person shall cause any vehicle proceeding north bound in Purley Way to make a left turn into the south western arm of Stafford Road via the east and north west sides of the south western triangular island.
e
No person shall cause any vehicle proceeding south bound in Purley Way on reaching the junction of Purley Way with Stafford Road to make a U-turn.
f
No person shall cause or permit any vehicle proceeding north bound in Purley Way on reaching the junction of Purley Way with Stafford Road to make a U-turn.
g
No person shall cause a vehicle to make a U-turn on entering Purley Way from Denning Avenue.
Exemptions
4
Nothing in this Order shall apply —
a
to anything done with the permission or at the direction of a police constable in uniform or a traffic warden; or
b
to a vehicle being used for fire brigade, ambulance or police purposes.
Revocation
5
The A23 Trunk Road (Croydon) Red Route (Prescribed Route No. 1) Experimental Traffic Order 1995 is hereby revoked.
TRO 244
Signed in accordance with a direction from the Secretary of State for Transport
Derek Turner
Traffic Director for London
29th November 1996


text:
Citation, extent, commencement and interpretation
1
1
These Regulations, which extend to Great Britain, may be cited as the Fresh Meat (Import Conditions) Regulations 1996 and shall come into force on 1st January 1997.
2
Unless the context otherwise requires, in these Regulations —
“animal health and certification decision” means any decision under the third countries Directive specified in Schedule 1 concerning animal health conditions and veterinary certificates for imports of fresh meat from specified States;
“approved establishment decision” means any decision under the third countries Directive specified in Schedule 2 on lists of establishments in specified States approved for the importation of fresh meat or, where indicated in Part II of that Schedule, of certain categories of fresh meat;
“border inspection post” has the meaning given by Article 2(2)(g) of Council Directive 90/675/ EEC laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries, as amended by Council Regulation EEC No. 1601/92 ;
“ EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992, as amended by the Protocol signed at Brussels on 17th March 1993;
“EEA State” means a State which is a Contracting Party to the EEA Agreement;
“free zone” and “free warehouse” have the meaning given by Article 1(2) of the Products of Animal Origin Regulations ;
“the fresh meat Directive” means Council Directive 64/433/EEC on health conditions for the production and marketing of fresh meat, set out in the Annex to Council Directive 91/497/EEC and amended by Council Directive 92/5/EEC ;
“the licensing Order ” means the Importation of Animal Products and Poultry Products Order 1980 ;
“non-importation decision” means a decision specified in Schedule 3;
“the Products of Animal Origin Regulations” means the Products of Animal Origin (Import and Export) Regulations 1996 ;
“relevant animal health and certification decision” means, in relation to a State specified in any paragraph of Schedule 1, the animal health and certification decision specified in that paragraph;
“relevant approved establishments decision” means, in relation to a State specified in any paragraph of Schedule 2, the approved establishments decision specified in that paragraph;
“relevant EEA State” means an EEA State other than Iceland;
“samples” means fresh meat imported into Great Britain for exhibition, special studies or analysis;
“special importation requirement” means any requirement, relating to a region or State referred to in Schedule 4, which is indicated in the paragraph of that Schedule relating to that region or State;
“the third countries Directive” means Council Directive 72/462/EEC on health and veterinary inspection problems upon importation of bovine, ovine and caprine animals and swine, fresh meat or meat products from third countries, as amended by the provisions listed in paragraph 1 of Schedule 5;
“third country” means a State which is not a relevant EEA State; and
“the third country list” means the list in the Annex to Council Decision 79/542/ EEC drawing up a list of third countries from which the member States authorise imports of bovine and porcine animals, equidae, sheep and goats, fresh meat and meat products, which Annex was replaced by the Annex to Commission Decision 93/435/EEC and has since been amended by the provisions listed in paragraph 2 of Schedule 5.
3
Except in so far as the context otherwise requires, any reference in these Regulations to a numbered regulation or Schedule shall be construed as a reference to the regulation or Schedule bearing that number in these Regulations.
4
Unless the context otherwise requires, expressions used in these Regulations and in the fresh meat Directive have the same meaning in these Regulations as in that Directive.
5
The following expressions, in particular, are defined in Article 1 of the fresh meat Directive —
a
“meat” and “fresh meat”; and
b
“wrapping” and “packaging”.
6
Any reference in these Regulations to an instrument relating to the European Community or the European Economic Area is a reference to it as amended, modified or otherwise affected by any other such instrument; in particular all the Directives referred to in these Regulations have been adapted by the Act of Accession to the European Union of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden .
Fresh meat to which the Regulations apply
2
Subject to regulations 3, 4, 5, and 10, these Regulations apply to fresh meat intended for human consumption.
Fresh meat for crew and passengers on board means of transport operating internationally
3
1
Subject to paragraph (2) below, these Regulations do not apply to fresh meat which is for consumption by the crew or passengers on board means of transport operating internationally.
2
Where such fresh meat, including kitchen waste, is unloaded, it shall be destroyed, except where such unloading is solely for the purpose of transferring such fresh meat, directly or after being placed under customs supervision, from one means of transport to another.
Personal imports
4
These Regulations do not apply to imports of fresh meat —
a
forming part of a traveller’s personal luggage and intended for his personal consumption; or
b
sent as small packages on a non-commercial basis,
provided that the fresh meat so imported comes from a third country, or part thereof, listed in Schedule 1 and the quantity does not exceed 1kg.
Fresh meat imported under authorisation, or for international organisations or visiting forces
5
In relation to the following regulation 9(1)(c), (d) and (e) shall not apply —
a
fresh meat imported with the authorisation of the country of destination for uses other than human consumption;
b
fresh meat which is intended exclusively for the supply of international organisations; and
c
fresh meat which is intended exclusively for consumption by members of a visiting force or their dependants (as defined in section 11 of the Visiting Forces Act 1952 ).
Transhipment and storage of fresh meat consigned to a relevant EEA State from a third country
6
Fresh meat consigned to a relevant EEA State from a third country may be transhipped through, and stored in, Great Britain, provided that —
a
it complies with the conditions of the State to which it is consigned;
b
it is not unloaded in Great Britain or is unloaded at a border inspection post in Great Britain; and
c
during its time in Great Britain it is never outside a border inspection post, free zone or free warehouse except during any journey from one such place to another.
Fresh meat subject to a non-importation decision
7
No person may import into Great Britain any fresh meat to which a non-importation Decision applies.
Fresh meat originating in a relevant EEA State
8
No person may import into Great Britain fresh meat which originated in a relevant EEA State other than the United Kingdom unless —
a
it has been obtained in accordance with Articles 3, 4 and 8a of Council Directive 72/461/EEC , as amended by the provisions listed in paragraph 3 of Schedule 5, on health problems affecting intra-Community trade in fresh meat;
b
subject to regulation 10, it has been obtained from animals slaughtered in an establishment on a list of approved establishments drawn up by a relevant EEA State under Article 10 of the fresh meat Directive; and
c
any special importation requirement is satisfied.
Fresh meat originating in a third country
9
1
No person may import into Great Britain fresh meat which originates in a third country unless —
a
it is derived from animals which have remained for at least three months before slaughter, or since birth if they were less than three months old at slaughter, in a third country on the third country list from which imports of fresh meat of the species concerned are indicated as “authorised” on that list;
b
it has been obtained in accordance with the animal health requirements set out in Article 14(2) and (3) of the third countries Directive and in the relevant animal health and certification decision;
c
in the case of half carcases, half carcases cut into no more than three cuts, quarters or offal —
i
the requirements of Chapters VI to VIII , XIV and XV of the fresh meat Directive are satisfied; and
ii
it is derived from animals slaughtered in an establishment on a list in the relevant approved establishments decision;
d
in the case of cuts smaller than quarters, boned meat, or offal, or sliced livers of bovine animals —
i
the requirements of Chapters VI to X, XII , XIV and XV of the fresh meat Directive are satisfied; and
ii
it is derived from carcases cut up in an establishment on a list in the relevant approved establishments decision;
e
it bears a health mark applied in accordance with Chapter XI of the fresh meat Directive which —
i
complies with paragraph 50 of that Chapter; or
ii
indicates in clearly legible form —
aa
the name of the country of origin in capitals, an abbreviation of its name or the International Organisation for Standardisation’s Code for the country as referred to in the third country list; and
bb
the veterinary approval number of the establishment from which it comes as assigned by the relevant approved establishments decision;
f
it is accompanied by —
i
documentation in accordance with Article 3(1)(A)(f) of the fresh meat Directive; or
ii
a public health certificate conforming to the model laid down in Annex A to the third countries Directive and an animal health certificate in accordance with the relevant animal health and certification decision;
g
any special importation requirement is satisfied; and
h
in the case of fresh meat derived from swine or solipeds, it has been examined or treated for trichinae in accordance with Council Directive 77/96/EEC on the examination for trichinae (trichinella spiralis) upon importation from third countries of fresh meat derived from domestic swine, as amended by the provisions listed in paragraph 4 of Schedule 5.
2
Paragraph (1)(c), (d) and (e) has effect subject to regulation 10.
3
No person may import into Great Britain fresh meat —
a
derived from boars or cryptorchid pigs;
b
derived from animals to which hormonal substances prohibited under Council Directive 81/602/EEC concerning the prohibition of certain substances having a hormonal action and of any substances having a thyrostatic action or Council Directive 88/146/EEC prohibiting the use in livestock farming of certain substances having a hormonal action have been administered;
c
which has been treated with ionising or ultra-violet radiation;
d
derived from animals to which tenderisers or other products likely to affect adversely the composition or organoleptic characteristics of the meat have been administered;
e
to which, for the purpose of health marking, any colouring matter other than those referred to in paragraph 58 of Chapter XI of Annex I to the fresh meat Directive has been added;
f
derived from animals which have been found —
i
to have any form of tuberculosis;
ii
to be carrying any cysticerci bovis or cysticerci cellulosae, whether live or dead; or
iii
in the case of swine, to have trichinae;
g
derived from animals slaughtered too young; or
h
in pieces of less than 100 grams.
4
No person shall import into Great Britain any mechanically recovered meat, or any blood, bovine head or any muscular or other tissue of a bovine head other than the tongue.
Importation and treatment of samples and their packaging
10
1
Regulations 8(1)(b) and 9(1)(c), (d) and (e) above shall not apply to samples.
2
Samples shall be taken directly from the port or airport of entry to the address at which they are to be exhibited, studied or analysed.
3
Samples shall not be used for human consumption or sold.
4
All residues of the samples and all of their packaging shall be destroyed by incineration or by other means sufficient to destroy pathogenic agents.
5
It shall be the duty of the person having possession of the samples for the time being to comply with paragraph (2) above and to ensure that there is no contravention of paragraph (3) above.
6
It shall be the duty of the person having possession of the samples at the time of the completion or abandonment of the exhibition, special studies or analysis for which the samples were intended, to comply with paragraph (4) above.
Certificates and other documents
11
A certificate or other document required for any of the purposes of these Regulations is invalid for that purpose unless —
a
it is in English and at least one of the official languages of the country of destination where this is a member State other than the United Kingdom;
b
it is original or, where the consignment has entered the European Community through a border inspection post, a copy provided and authenticated by the official veterinarian responsible for that border inspection post;
c
it consists of a single piece of paper; and
d
it is made out to a single consignee.
Offences and penalties
12
A person contravening any provision of these Regulations shall be guilty of an offence and shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum or imprisonment for a term not exceeding three months or both; and
b
on conviction on indictment, to a fine or imprisonment for a term not exceeding two years or both.
Disapplication of the Imported Food Regulations and licensing Order
13
1
The Imported Food Regulations 1984 and the Imported Food (Scotland) Regulations 1985 shall not apply to fresh meat to which these Regulations apply.
2
The licensing Order shall not apply to fresh meat to which these Regulations apply.
3
The licensing Order shall not apply to samples other than those coming from a third country.
Application of the Products of Animal Origin Regulations
14
1
The Products of Animal Origin Regulations shall apply to imports of fresh meat subject to the following provisions of this regulation.
2
Regulation 5 of the Products of Animal Origin Regulations shall be construed as if the conditions of import in regulation 9 of these Regulations (fresh meat originating in a third country) formal part of the checking and certification required to be carried out by local authorities.
3
Regulation 13 of the Products of Animal Origin Regulations shall be construed as if the conditions of import in regulation 8 of these Regulations (fresh meat originating in a relevant EEA State) were health conditions.
4
Regulation 25(2) of the Products of Animal Origin Regulations shall be construed as if the conditions of import in regulation 9 of these Regulations (fresh meat originating in a third country) were health conditions.
Angela Browning
Parliamentary Secretary,
Ministry of Agriculture,
Fisheries and Food
10th December 1996
Lindsay
Parliamentary Under Secretary of State,
Scottish Office
11th December 1996


text:
Citation, commencement and interpretation.
1
1
This Order may be cited as the Health Authorities Act 1995 (Transitional Provisions) Order 1996 and shall come into force on 1st April 1996.
2
In this Order, unless the context otherwise requires —
“the 1977 Act ” means the National Health Service Act 1977;
“the 1993 Act ” means the Health Service Commissioners Act 1993 ;
“the 1995 Act ” means the Health Authorities Act 1995;
“charity” means a charity connected with purposes relating to the health service ;
“ District Health Authority ” means a District Health Authority in existence immediately before 1st April 1996 under the 1977 Act as then in force;
“ Family Health Services Authority ” means a Family Health Services Authority in existence immediately before 1st April 1996 under the 1977 Act as then in force;
“new authority” means a Health Authority specified in column (1) of the Schedule to the Health Authorities (England) Establishment Order 1996 or column (1) of the Schedule to the Health Authorities (Wales) Establishment Order 1996 ;
“old authority” means any District Health Authority or any Family Health Services Authority;
“ Regional Health Authority ” means a Regional Health Authority in existence immediately before 1st April 1996 under the 1977 Act as then in force;
“the relevant new authority” means —
as respects any old authority specified in column (1) of Schedule 1, the new authority which is specified in column (2) of that Schedule in relation to that old authority;
as respects any old authority specified in column (1) of Schedule 2, such new authority specified in column (2) or column (3) of that Schedule in relation to that old authority as is determined, in accordance with Schedule 3, to be the relevant new authority; and
as respects any Regional Health Authority specified in column (1) of Schedule 4, the Health Authority which is specified in column (2) of that Schedule in relation to that Regional Health Authority; and
“the Service Committees Regulations ” means the National Health Service (Service Committees and Tribunal) Regulations 1992 as in force on 31st March 1996.
3
In this Order, unless the context otherwise requires —
a
any reference to a numbered article is a reference to the article bearing that number in this Order;
b
any reference in an article to a numbered paragraph is a reference to the paragraph bearing that number in that article; and
c
any reference to a numbered Schedule is a reference to the Schedule to this Order bearing that number.
Transfer of officers employed by old authorities.
2
Any officer employed immediately before 1st April 1996 by an old authority specified in column (1) in Part I or III of Schedule 1 and who is not —
a
transferred on that date by means of a scheme made under paragraph 7(1)(b) of Schedule 2 to the 1995 Act; or
b
a person to whom paragraph 7(3) of that Schedule applies (persons transferred to NHS trusts on 1st April 1996);
is transferred on that date to the employment of the relevant new authority.
Transfer of officers employed by Regional Health Authorities.
3
1
Subject to paragraphs (2) and (3), any officer who is employed immediately before 1st April 1996 by a Regional Health Authority is transferred on that date to the employment of the Secretary of State.
2
Subject to paragraph (3), any officer of the grade of Senior Registrar, Registrar or Specialist Registrar who is employed immediately before 1st April 1996 by a Regional Health Authority is transferred on that date to the employment of the NHS trust on whose functions that officer was engaged to work immediately before that date.
3
Paragraphs (1) and (2) shall not apply to an officer who is —
a
transferred on 1st April by virtue of a scheme made under paragraph 7(1)(b) of Schedule 2 to the 1995 Act; or
b
a person to whom paragraph 7(3) of that Schedule (persons transferred to NHS trusts on 1st April 1996) applies.
Transfer of trust property.
4
1
Subject to paragraph (2), any trust property vested immediately before 1st April 1996 in any old authority specified in column (1) in Part I of Schedule 1 shall on that date be transferred to the relevant new authority.
2
Paragraph (1) shall not apply to any trust property which is vested immediately before 1st April 1996 in an old authority and which is transferred on that date by virtue of an order made under section 92 of the 1977 Act.
Accounts, and winding up of affairs, of old authorities.
5
1
Any duty imposed on an old authority by section 98 of the 1977 Act, but not performed by 1st April 1996, shall be performed by the relevant new authority in accordance with the provisions of that section, of any regulations made under that section and of any directions which may be given by the Secretary of State.
2
Each new authority shall take such action as may be necessary for the winding up of the affairs of any old authority in relation to which it is the relevant new authority.
3
Any new authority which is specified in column (2) of Schedule 2 in relation to an old authority specified in column (1) of that Schedule shall, in accordance with any directions which the Secretary of State may give, assist the relevant new authority specified in column (3) of that Schedule with the discharge of its duties under paragraphs (1) and (2) with respect to the accounts and winding up of that old authority.
Exercise of powers in relation to trusts.
6
Where, immediately before 1st April 1996, any power to appoint trustees of a charity is, under the trusts of the charity, vested in —
a
an old authority which is specified in column (1) in Part I or II of Schedule 1, or in Part I or II of Schedule 2; or
b
a Regional Health Authority,
that power vests on that date in the relevant new authority.
Substitution of new trustees.
7
Where, under the trusts of a charity, the charity trustees immediately before 1st April 1996 include a person who is a trustee by virtue of his being an officer of —
a
an old authority which is specified in column (1) in Part I or II of Schedule 1, or in Part I or II of Schedule 2; or
b
a Regional Health Authority,
the trustees shall from that date instead include the holder of the corresponding office with the relevant new authority.
Amendment of trust instruments.
8
Any trust instrument or scheme which contains —
a
a reference to an old authority specified in column (1) in Part I or II of Schedule 1, or in Part I or II of Schedule 2; or
b
a reference to a Regional Health Authority,
shall continue to apply with the substitution for that reference of a reference to the relevant new authority.
Investigation of complaints by Health Service Commissioners.
9
1
A complaint made to the Health Service Commissioner for England or Wales under the 1993 Act —
a
in relation to an old authority; or
b
which is, by virtue of any enactment in force on 31st March 1996, to be treated as if it had been made in relation to an old authority,
whether made before, on or after 1st April 1996, may, notwithstanding the abolition of that Authority, be investigated by that Commissioner, as if the complaint had been made in relation to the relevant new authority.
2
A complaint made to the Health Service Commissioner for England under the 1993 Act —
a
in relation to any Regional Health Authority, or
b
which is, by virtue of any enactment in force on 31st March 1996, to be treated as if it had been made in relation to any Regional Health Authority,
whether made before, on or after 1st April 1996, may, notwithstanding the abolition of that Authority, be investigated by that Commissioner in accordance with that Act as modified by paragraph (3).
3
For the purpose of the investigation of a complaint to which paragraph (2) applies, the 1993 Act shall be modified as follows: —
a
in section 11 (procedure in respect of investigations) —
i
in subsection (1)(a), for “health service body concerned” substitute “Secretary of State”; and
ii
in subsection (5), for “the health service body concerned” and “that body” substitute (in each case) “the Secretary of State”;
b
in section 12 (evidence), in subsection (1), for the words from “or member” to “concerned” substitute “of the Secretary of State”; and
c
in section 14 (reports by Commissioners), omit subsection (1)(c).
Investigation of other complaints.
10
1
Any complaint made or any matter referred before 1st April 1996 under Part II of the Service Committees Regulations to a Family Health Services Authority but not disposed of by that date shall continue to be investigated by the relevant new authority as if any reference in those Regulations to a Family Health Services Authority were a reference to a Health Authority, and the appropriate committee under regulation 4 of those Regulations may continue to investigate such a complaint or, as the case may be, such a matter, as if that committee were a committee of the relevant new authority.
2
Any complaint made before 1st April 1996 under section 1 of the Hospital Complaints Procedure Act 1985 , but not disposed of before that date, in relation to a hospital managed by —
a
an old authority specified in column (1) in Part I or II of Schedule 1, or in Part I or II of Schedule 2; or
b
a Regional Health Authority,
shall be dealt with by the relevant new authority.
Community Health Councils.
11
1
Notwithstanding section 1(1) of the 1995 Act (abolition of RHAs, DHAs and FHSAs) and the coming into force of the Health Authorities (England) Establishment Order 1996 , any Community Health Council in existence on 31st March 1996 in relation to any district in England shall continue to be established in relation to the same district.
2
In paragraph (1), “district” has the meaning assigned to it by paragraph 7 of Schedule 7 to the 1977 Act .
Joint Consultative Committees.
12
Until 1st October 1996, the Joint Consultative Committees Order 1985 shall have effect as if —
a
in article 6 of that Order (representation of voluntary organisations on Committees) for the words “three members” there were substituted the words “such number of members, being not less than two, as the Secretary of State shall, in relation to any Committee, determine”;
b
for article 7 of that Order (appointment of members by voluntary organisations) there were substituted the following article —
Appointment of members by voluntary organisations.
7
1
The Secretary of State shall, after consultation with each Health Authority and each local authority represented on the Committee, invite such number as he thinks fit of the voluntary organisations which appear to him to have an interest in services of common concern to those bodies to appoint members to the Committee.
2
Each organisation which is invited under paragraph (1) above to make appointments shall appoint to the Committee such number of members as the Secretary of State shall determine in relation to that organisation.
3
Before exercising its power of appointment under paragraph (2) above, a voluntary organisation shall, for the purposes of giving effect to paragraph (4) below, consult the other organisation or organisations invited to make appointments to the same Committee.
4
The voluntary organisations which are invited under paragraph (1) above to make appointments to the same Committee shall so exercise their powers under paragraph (2) above as to secure that any person who on 31st March 1996 was, by virtue of article 7 of the Order as then in force, a member of a Committee (“the old Committee”) is given an opportunity to serve until 30th September 1996 on a Committee on which there is represented a Health Authority whose area includes the whole or any part of the district of a former District Health Authority which was represented on the old Committee.
; and
c
in article 8 of that Order (vacancies among members appointed under article 7) —
i
in paragraph (2), for the words from “appointed” to the end of the paragraph there were substituted the words “shall be for a period ending on 30th September 1996.”,
ii
paragraphs (4) and (6) were omitted,
iii
in paragraph (7) for the words from “invite” to the end of the paragraph there were substituted the words “invite the voluntary organisation which appointed the member whose departure has given rise to the vacancy to appoint another member in his place.”, and
iv
paragraph (8) were omitted.
Lists of practititioners.
13
1
Any person (“the practitioner”) whose name was, on 31st March 1996, included in any list maintained by a Family Health Services Authority under section 29, 36, 39 or 42 of the 1977 Act shall on 1st April 1996 have his name included in the corresponding list maintained by —
a
in the case of a list maintained under section 29 of the 1977 Act, any Health Authority in whose area there resides a person who is on the practitioner’s list of patients; and
b
in the case of any other list, any Health Authority in whose area are located premises at or from which the practitioner was on 31st March providing, and continues to provide, services under Part II of the 1977 Act.
2
In paragraph (1), “Health Authority” means a Health Authority specified in column (2) of Schedule 1, or in column (2) or (3) of Schedule 2, in relation to that Family Health Services Authority.
Continuity in exercise of functions of old authorities.
14
1
Subject to paragraph (2), anything done by or in relation to, or any application made by or in relation to, or any direction, authorisation or notice given to, by or in relation to, an old authority is deemed to have been done by or in relation to, or made by or in relation to, or given to, by or in relation to, the relevant new authority.
2
Paragraph (1) shall not apply to any recognition granted by a Family Health Services Authority under section 44(1) of the 1977 Act in relation to a Local Medical Committee, Local Dental Committee, Local Optical Committee or Local Pharmaceutical Committee.
3
Any instrument made by an old authority continues in force, unless it is expressed to cease to be in force sooner, until it is varied or revoked by the relevant new authority.
4
Any form supplied by an old authority and any form supplied by the Secretary of State relating to an old authority continues to be a valid form in relation to the relevant new authority, until it is cancelled or withdrawn by the Secretary of State or, as the case may be, the relevant new authority, as if any reference contained in the form to the old authority were a reference to the relevant new authority.
Continuity in exercise of functions of Regional Health Authorities.
15
1
Subject to paragraph (2), anything done by or in relation to, or any application made by or in relation to, or any direction, authorisation or notice given to, by or in relation to, any Regional Health Authority is deemed to have been done by or in relation to, or made by or in relation to, or given to, by or in relation to —
a
where the function in connection with which the thing was done, the application was made or the direction, authorisation or notice was given is, on and after 1st April 1996, a function of the Secretary of State, the Secretary of State; and
b
where the function in connection with which the thing was done, the application was made or the direction, authorisation or notice was given is, on and after 1st April 1996, a function of a Health Authority, that Health Authority acting for the area in relation to which the thing was done, the application was made or the direction, authorisation or notice was given.
2
Paragraph (1) shall not apply to any direction given by a Regional Health Authority under the 1977 Act or the National Health Service and Community Care Act 1990 , but any other instrument made by a Regional Health Authority continues in force, unless it is expressed to cease to be in force sooner, until it is varied or revoked by the Secretary of State or, as the case may be, by a Health Authority.
3
Any director of an NHS trust or member of a Community Health Council appointed before 1st April 1996 by a Regional Health Authority is to continue as such on and after that date as if he had been appointed by the Secretary of State.
4
Any form supplied by a Regional Health Authority or by the Secretary of State relating to a Regional Health Authority which relates to a function which is, on and after 1st April 1996, a function of a Health Authority, continues to be a valid form in relation to that Health Authority until it is cancelled or withdrawn by the Secretary of State or that Health Authority, as if any reference contained in the form to the Regional Health Authority were a reference to that Health Authority.
Signed by authority of the Secretary of State for Health
Gerald Malone
Minister of State,
Department of Health
11th March 1996
Signed by authority of the Secretary of State for Wales
Rod Richards
Parliamentary Under Secretary of State, Welsh Office
11th March 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the St. James’s and Seacroft University Hospitals National Health Service Trust (Transfer of Trust Property) Order 1996 and shall come into force on 25th November 1996.
2
In this Order —
“the Authority” means the Leeds Health Authority;
“the Trust” means the St. James’s and Seacroft University Hospitals National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 17th July 1996, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 25th 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
28th October 1996


text:
PART I
GENERAL
Citation and commencement
1
These Regulations may be cited as the Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996 and shall come into force on 1st December 1996.
Revocation and transitional provisions
2
1
Subject to paragraph (2), the Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1989 and the Local Authorities' Traffic Orders (Procedure) (England and Wales) (Amendment) Regulations 1993 are hereby revoked.
2
Where a notice relating to an order has been published pursuant to regulation 6 or 16 of the Local Authorities' Traffic Order (Procedure) (England and Wales) Regulations 1989, those Regulations shall continue to apply to that order as if they had not been revoked and nothing in these Regulations shall apply to the order.
3
Nothing in these Regulations shall be taken as affecting the operation of sections 16 and 17 of the Interpretation Act 1978 (effect of repeals).
Interpretation
3
1
In these Regulations —
“the 1984 Act” means the Road Traffic Regulation Act 1984;
“the 1985 Act” means the Local Government Act 1985;
“the 1991 Act” means the New Roads and Street Works Act 1991;
“Crown road” and “appropriate Crown authority” have the meanings given by section 131(7) of the 1984 Act ;
“deposited documents” in relation to an order means such documents as are required in connection with that order to be kept available for public inspection in accordance with Schedule 2;
“experimental order” means an order made under section 9 of the 1984 Act;
“inspector” means a person appointed pursuant to regulation 9(2) to hold a public inquiry;
“local authority” means —
in relation to England —
the council of a county, district, or London borough;
the Common Council of the City of London;
the Council of the Isles of Scilly; or
a parish council;
in relation to Wales —
a county council;
a county borough council; or
a community council;
“local service” has the meaning given by section 2 of the Transport Act 1985 ;
“London authority” means a London borough council or the Common Council of the City of London;
“London bus service” has the meaning given by section 34(2)(b) of the Transport Act 1985;
“minor order” has the meaning given by regulation 21(1)(b);
“notice of making” has the meaning given by regulation 17(2);
“notice of proposals” has the meaning given by regulation 7(1)(a);
“order making authority”, in relation to an order, means the authority which has made it or has proposed to make it;
“public service vehicle” has the meaning given by section 1 of the Public Passenger Vehicles Act 1981 ; and
“road” includes any length of road and any part of the width of a road and, in relation to an order under section 6 of the 1984 Act, any length of a street as defined in sub-section (6) of that section and any part of the width of such a street.
2
A reference in these Regulations to an order is to an order or a proposed order as appropriate and, in the case of a proposed order, a reference to the effect of the order (however expressed) is to its effect if it were to be made.
3
A reference in these Regulations to an order under a specified section of the 1984 Act includes —
a
a reference to an order varying or revoking an order made, or having effect as if made, under that section; and
b
in relation to the variation or revocation of an order, or to the application of the provisions of an order, a reference to an order having effect as if made under that section.
4
Without prejudice to paragraph (3), a reference in these Regulations to —
a
the variation or revocation of an order under section 46 or 49 of the 1984 Act, or
b
the application of a provision of an order under either of those sections,
includes a reference to the variation, revocation or application (as the case may be) of the provisions of an order which has been continued in force by paragraph 11(1) of Schedule 10 to the 1984 Act.
5
Except where it is expressly provided otherwise —
a
a reference to a numbered regulation or Schedule is a reference to the regulation or Schedule so numbered in these Regulations; and
b
a reference to a numbered paragraph is a reference to the paragraph so numbered of the regulation or Schedule in which the reference occurs.
Application of Regulations
4
1
This Part and Parts II, III and IV of these Regulations apply to orders made or proposed to be made by a local authority under section 1, 6, 9, 19, 29, 32, 35, 37, 38, 45, 46, 49, 61, 83(2) or 84 of the 1984 Act and this Part and Part V apply to notices given or proposed to be given under section 35C or 46A of that Act.
2
Except as provided by regulation 14(2)(a), these Regulations apply to orders made or proposed to be made pursuant to a direction by the Secretary of State under Part I of Schedule 9 to the 1984 Act as they apply to orders not so made.
PART II
PROCEDURE BEFORE MAKING AN ORDER
Preliminary
5
This Part of these Regulations has effect subject to the provisions of Part IV.
Consultation
6
1
An order making authority shall, before making an order in a case specified in column (2) of an item in the table below, consult the persons specified in column (3) of the item.
TABLE
(1) (2) (3) Item Case Consultee
1. Where the order relates to, or appears to the order making authority to be likely to affect traffic on, a road for which another authority is the highway authority or the traffic authority The other authority 2. Where the order relates to, or appears to the order making authority to be likely to affect traffic on, a Crown road The appropriate Crown authority 3. Where the order relates to, or appears to the order making authority to be likely to affect traffic on, a road subject to a concession The concessionaire 4. Where the order relates to, or appears to the order making authority to be likely to affect traffic on, a road on which a tramcar or trolley vehicle service is provided The operator of the service
5
Where the order relates to, or appears to the order making authority to be likely to affect traffic on,–
a
a road outside Greater London which is included in the route of a local service; or
In case (a) the operator of the service
b
a road in Greater London which is included in the route of a London bus service
In case (b) the operator of the service and London Regional Transport
6
Where it appears to the authority that the order is likely to affect the passage on any road of–
a
ambulances; or
In case (a) the chief officer of the appropriate NHS trust
b
fire-fighting vehicles
In case (b) the chief officer of the fire brigade of the fire authority 7. All cases
a
The Freight Transport Association
b
The Road Haulage Association
c
Such other organisations (if any) representing persons likely to be affected by any provision in the order as the order making authority thinks it appropriate to consult
2
In paragraph (1) —
“appropriate NHS trust” in relation to a road or place means the National Health Service trust providing an emergency ambulance service in the area in which the road or place is situated and “National Health Service trust” has the meaning given by section 128(1) of the National Health Service Act 1977 ;
“concessionaire” has the meaning given by section 1(1) of the 1991 Act;
“fire authority” in relation to a road or place means the authority exercising the functions of a fire authority under the Fire Services Act 1947 in the area in which the road or place is situated;
“highway authority” has the same meaning as in the Highways Act 1980 ;
“road subject to a concession” has the meaning given by section 1(2) of the 1991 Act; and
“trolley vehicle” does not include a duobus as defined in the Tramcar and Trolley Vehicles (Modification of Enactments) Regulations 1992 .
3
The requirements of this regulation are without prejudice to the provisions of —
a
paragraph 20 of Schedule 9 to the 1984 Act (consultation with the chief officer of police);
b
paragraph 6(3)(c) of Schedule 5 to the 1985 Act (consultation required of London authorities and metropolitan district councils); and
c
any other provision of the 1984 Act requiring consultation.
Publication of proposals
7
1
An order making authority shall, before making an order, —
a
publish at least once a notice (in these Regulations called a “notice of proposals”) containing the particulars specified in Parts I and II of Schedule 1 in a newspaper circulating in the area in which any road or other place to which the order relates is situated;
b
in the case of an order under section 6 of the 1984 Act, publish a similar notice in the London Gazette;
c
take such other steps as it may consider appropriate for ensuring that adequate publicity about the order is given to persons likely to be affected by its provisions and, without prejudice to the generality of this sub-paragraph, such other steps may include —
i
in the case of an order to which sub-paragraph (b) does not apply, publication of a notice in the London Gazette;
ii
the display of notices in roads or other places affected by the order; or
iii
the delivery of notices or letters to premises, or premises occupied by persons, appearing to the authority to be likely to be affected by any provision in the order.
2
Not later than the date on which paragraph (1) has been complied with, the order making authority shall send a copy of the notice of proposals to each body or person whom it is required to consult under regulation 6(1) or under any of the provisions referred to in regulation 6(2).
3
The order making authority shall comply with the requirements of Schedule 2 as to the making of deposited documents available for public inspection.
4
Deposited documents shall be made so available at the times and at the places specified in the notice of proposals throughout the period beginning with the date on which the notice of proposals is first published and ending with the last day of the period of 6 weeks which begins with the date on which the order is made or, as the case may be, the authority decides not to make the order.
Objections
8
1
Any person may object to the making of an order by the date specified in the notice of proposals or, if later, the end of the period of 21 days beginning with the date on which the order making authority has complied with all the requirements of regulation 7(1) to (3).
2
Without prejudice to its right to object under paragraph (1), an authority required to be consulted under paragraph 6(3)(c) of Part II of Schedule 5 to the 1985 Act may object to the making of an order by the end of the period of 21 days beginning with the date on which the notice of proposals was sent to that authority.
3
An objection under paragraph (1) or (2) shall —
a
be made in writing;
b
state the grounds on which it is made; and
c
be sent to the address specified in the notice of proposals,
and an objection under paragraph (2) shall in addition state whether or not it is alleged that the order would have any direct effect on traffic on any road, other than a trunk road, in the area of the authority making the objection.
Holding a public inquiry
9
1
The order making authority shall cause a public inquiry to be held before making an order to which paragraph (3) applies and may cause such an inquiry to be held before making any other order.
2
A public inquiry shall be held by an inspector appointed by the order making authority and selected from a panel of persons chosen by the Secretary of State to hold such inquiries.
3
Subject to paragraphs (4) and (5), this paragraph applies to an order if —
a
its effect is to prohibit the loading or unloading of vehicles or vehicles of any class in a road on any day of the week —
i
at all times;
ii
before 07.00 hours;
iii
between 10.00 and 16.00 hours; or
iv
after 19.00 hours,
and an objection has been made to the order (other than one which the order making authority is satisfied is frivolous or irrelevant) and not withdrawn; or
b
its effect is to prohibit or restrict the passage of public service vehicles along a road and an objection has been made to the order in accordance with regulation 8 —
i
in the case of a road outside Greater London, by the operator of a local service the route of which includes that road; or
ii
in the case of a road in Greater London, by the operator of a London bus service the route of which includes that road or by London Regional Transport.
4
For the purposes of paragraph (3)(a), an order shall not be taken to have the effect of prohibiting loading at any time to the extent that it —
a
authorises the use of part of a road as a parking place, or designates a parking place on a road, for the use of a disabled person’s vehicle as defined by section 142(1) of the 1984 Act;
b
relates to a length of the side of a road extending 15 metres in either direction from the point where one road joins the side of another road,
unless the effect of the order taken with prohibitions already imposed is to prohibit loading and unloading by vehicles of any class at the time in question for a total distance of more than 30 metres out of 50 metres on one side of any length of road.
5
Paragraph (3) does not apply to an order —
a
if it is an experimental order;
b
made under section 84 of the 1984 Act (speed limits on roads other than restricted roads); or
c
to the extent that it relates to a road which forms part of a priority route designated by the Secretary of State pursuant to section 50 of the Road Traffic Act 1991 (designation of priority routes in London).
6
In this regulation “public service vehicle” has the meaning given by section 1 of the Public Passenger Vehicles Act 1981 .
Notice of a public inquiry
10
1
If the order making authority decides, before publishing a notice of proposals, that a public inquiry should be held in connection with an order, it shall include in that notice a statement that an inquiry will be so held together with the particulars specified in paragraphs 5, 6 and 7 of Schedule 3.
2
Where the holding of a public inquiry is announced in accordance with paragraph (1) the inquiry shall not begin less than 42 days after the first publication of the notice of proposals.
3
In any other case where a public inquiry is held in connection with an order, the order making authority shall —
a
publish at least once in a local newspaper circulating in the area in which any road or other place to which the order relates is situated a notice containing the particulars specified in Schedule 3;
b
give notice in writing containing the particulars specified in Schedule 3 to each person who has objected in accordance with regulation 8 and not withdrawn the objection; and
c
take such other steps as it may consider appropriate for ensuring that adequate publicity about the inquiry is given to persons likely to be affected by the provisions of the order to which it relates and, without prejudice to the generality of this sub-paragraph, such other steps may include —
i
an advertisement in the London Gazette;
ii
the display of notices in roads or other places affected by the order; or
iii
the delivery of notices or letters to premises, or premises occupied by persons, appearing to the authority to be likely to be affected by any provision in the order.
4
An inquiry to which paragraph (3) applies shall not begin less than 21 days after whichever is the later of —
a
the last day for objecting in accordance with regulation 8; or
b
the date on which paragraph (3) was complied with.
Procedure at a public inquiry
11
1
Subject to paragraphs (2) to (4), the procedure at a public inquiry shall be determined by the inspector.
2
Any person interested in the subject matter of a public inquiry may appear at the inquiry in person or by counsel, a solicitor or other representative.
3
Any person so interested may, whether or not he proposes to appear at the inquiry, send written representations for the consideration of the inspector to the address given in accordance with paragraph 7 of Schedule 3 in the notice of proposals or the notice published pursuant to regulation 10(3)(a).
4
The inspector may refuse to hear any person, or to consider any objection or representation, if he considers that the views of that person or the objection or representation are irrelevant or have already been adequately stated at the inquiry.
Consent of the Secretary of State
12
1
Where an order is one which, by virtue of Part II of Schedule 9 to the 1984 Act, may not be made without the consent of the Secretary of State, the order making authority’s application for consent shall be accompanied by copies of the deposited documents and the documents referred to in paragraph (2).
2
The documents are —
a
a statement of the views on the order of the chief officer of police;
b
a list of persons and organisations consulted under regulation 6 and a statement of any views expressed or, if no views were expressed, a statement to that effect;
c
a statement of the publicity measures undertaken under regulation 7(1)(c);
d
copies of all objections which have not been withdrawn and of any correspondence with the objectors or a statement that there are no such objections;
e
if a public inquiry has been held, a copy of the inspector’s report and of any recommendations he made; and
f
in a case where the order relates to a Crown road, a copy of the consent of the appropriate Crown authority and particulars of those Crown authorities whose persons and vehicles will be affected by the making of the order.
Consideration of objections and inspector’s report
13
Before making an order, the order making authority shall consider —
a
all objections duly made under regulation 8 and not withdrawn; and
b
if a public inquiry was held, the inspector’s report and any recommendations he made.
Modifications
14
1
Subject to the provisions of this regulation, an order making authority may modify an order, whether in consequence of any objections or otherwise, before it is made.
2
An order making authority shall not modify an order —
a
so as to alter the form of the order from the form in which the Secretary of State or any appropriate Crown authority has consented to its being made or the Secretary of State has, under paragraph 2 of Schedule 9 to the 1984 Act , directed that it should be made; or
b
so that its form would be inconsistent with a determination of the Secretary of State under paragraph 7 of Schedule 5 to the 1985 Act.
3
Before an order is made with modifications which appear to the order making authority or, in a consent case, to the Secretary of State to make a substantial change in the order, the order making authority shall take the steps required by paragraph (4).
4
The steps are such steps as appear to the order making authority appropriate or (in a consent case) as the Secretary of State may require for —
a
informing persons likely to be affected by the modifications;
b
giving those persons an opportunity of making representations; and
c
ensuring that any such representations are duly considered by the authority and, in a consent case where he so requests, by the Secretary of State.
5
In this regulation —
a
“consent case” means a case where the Secretary of State’s consent is required to the making of an order; and
b
“modifications” has, in the case of an order made by a London authority, the meaning given by paragraph 23(2) of Schedule 9 to the 1984 Act and in any other case the same meaning as in paragraph 22 of that Schedule and “modify” shall be construed accordingly.
PART III
MAKING AN ORDER
Preliminary
15
This Part of these Regulations has effect subject to the provisions of Part IV.
Making an order and bringing it into force
16
1
An order shall not be made —
a
until after the last date by which any person may object in accordance with regulation 8;
b
in a case where an objection has been made pursuant to regulation 8(2) or 24(2), until after the order making authority has notified the Secretary of State of its proposed exercise of power and of the objection under paragraph 7(2) of Schedule 5 to the 1985 Act and the Secretary of State has made a determination under paragraph 7(3) of that Schedule.
2
No order shall be made after the expiration of the period of two years beginning with the date on which a notice of proposals relating to the order is first published.
3
No provision of an order shall come into force before the date on which the order making authority intend to publish a notice of making as respects the order.
Action after making
17
1
As soon as practicable after an order has been made, the order making authority shall include among the deposited documents a copy of the order as actually made.
2
The order making authority shall, within 14 days of the making of the order, —
a
publish in a newspaper circulating in the area in which any road or place to which the order relates is situated, a notice (in these Regulations called a “notice of making”) —
i
stating that the order has been made; and
ii
containing the particulars specified in Parts I and III of Schedule 1; and
b
in the case of an order under section 6 or an order made by a London authority under section 9 of the 1984 Act, publish a similar notice in the London Gazette.
3
Within 14 days of making an order, the order making authority shall notify the making of the order in writing to any person who has objected to the order under regulation 8 and has not withdrawn the objection and, where the objection has not been wholly acceded to, shall include in that notification the reasons for the decision.
4
The order making authority shall take such other steps of the kinds referred to in regulation 7(1)(c) as it considers appropriate for the purpose of ensuring that adequate publicity is given to the making of the order.
Traffic signs
18
1
Where an order relating to any road has been made, the order making authority shall take such steps as are necessary to secure —
a
before the order comes into force, the placing on or near the road of such traffic signs in such positions as the order making authority may consider requisite for securing that adequate information as to the effect of the order is made available to persons using the road;
b
the maintenance of such signs for so long as the order remains in force; and
c
in a case where the order revokes, amends or alters the application of a previous order, the removal or replacement of existing traffic signs as the authority considers requisite to avoid confusion to road users by signs being left in the wrong positions.
2
The order making authority shall consult the appropriate Crown authority before carrying out the requirements of sub-paragraphs (a) and (c) of paragraph (1) in relation to a Crown road.
3
This regulation is without prejudice to section 85 of the 1984 Act (traffic signs for indicating speed limits).
PART IV
SPECIAL PROCEDURAL PROVISIONS FOR CERTAIN ORDERS
Making an order in part
19
1
Subject to the provisions of this regulation and of regulation 24, where an order making authority has, in relation to an order, complied with regulations 6 (consultation), 7 (publication of proposals) and 13 (consideration of objections and inspector’s report), they may make the order in part by making an order giving effect to some of the proposals to which the order relates whilst deferring a decision on the remainder.
2
Where an order has been made in part in accordance with paragraph (1), the order making authority may subsequently deal with the remaining proposals to which the order relates in any, or any combination, of the following ways —
a
abandon them;
b
defer a decision on them;
c
make an order or orders giving effect to them in whole or in part.
3
Where, pursuant to paragraph (2), an authority has deferred a decision on any proposals, it may subsequently deal with those proposals in any way permitted by that paragraph.
4
Where an order is made or proposed to be made in part by virtue of this regulation, Parts II and III of these Regulations shall apply to it as if the procedural steps previously taken under these Regulations, and any notices published or instruments prepared under them, in connection with the order as originally proposed had related only to the provisions of the order as made or proposed to be made in part.
5
The notice of making published, or any notification under regulation 17(3) given, on the making of an order by virtue of this regulation shall —
a
indicate briefly the proposals (if any) to be given effect in the order as originally proposed which have been abandoned or in relation to which the decision of the order making authority has been deferred; and
b
where the order is made by virtue of paragraph (3), give particulars of the title and date of every previous order made by virtue of this regulation in relation to the same order as originally proposed.
6
In the application of regulation 14 to an order made by virtue of paragraph (1), (2) or (3) of this regulation, such an order shall be regarded for the purposes of regulation 14(3) as an order made with modifications.
Revocation and re-enactment of an order not published on making
20
1
This regulation applies where —
a
an order (“the previous order”) has been made in circumstances where the order making authority is required to publish a notice of making;
b
the authority has failed to comply with regulation 17(2) or is satisfied that it will be unable to do so; and
c
no provision of the order has come into force.
2
Where this regulation applies the order making authority which made the previous order may, subject to the following provisions of this regulation and the provisions of regulation 24, make —
a
an order (“a revocation order”) the sole effect of which is to revoke the previous order in whole;
b
an order (“a replacement order”) the sole effect of which is to revoke the previous order in whole and to re-enact it with a different commencement date; or
c
in a case where a revocation order has been made in relation to the previous order, an order (“a delayed re-enactment order”) the sole effect of which is to re-enact the previous order with a different commencement date.
3
A revocation order shall come into force on the day on which it is made.
4
If, in relation to a revocation order, it is not practicable for the order making authority to comply with the requirements of paragraphs (2) and (3) of regulation 17 within the time specified in those paragraphs but the authority complies with those requirements as soon as reasonably practicable thereafter, it shall be taken to have complied with those paragraphs.
5
A replacement order —
a
so far as it revokes the previous order must come into force on the day on which it is made;
b
so far as it re-enacts the provisions of the previous order —
i
apart from the differing commencement dates, must have the same effect as the previous order, and
ii
must not come into force before the date allowed by regulation 16(3); and
c
shall not be made unless the requirements of these Regulations (except those of regulations 17(2) to (4) and 18) and of the 1984 Act had been complied with in relation to the previous order.
6
A delayed re-enactment order shall not be made more than six months after the date on which the previous order was made and sub-paragraphs (b) and (c) of paragraph (5) shall apply to a delayed re-enactment order as they apply to a replacement order.
7
Regulations 6, 7 and 8 shall not apply to the making of a revocation order, replacement order or delayed re-enactment order.
Consolidation and minor orders
21
1
In this regulation —
a
“consolidation order” means an order which —
i
revokes provisions of one or more existing orders;
ii
re-enacts those provisions without any change of substance, other than changes having one or more of the effects described in Part I of Schedule 4, and
iii
has no other effect;
b
“minor order” means —
i
an order which has one or more of the effects described in Part I of Schedule 4 and no other effect;
ii
an order which is made under section 61 of the 1984 Act and under no other provision; or
iii
an order which relates solely to one or more parking places provided by means of stands or racks for bicycles pursuant to section 63 of the 1984 Act; and
c
“publication date” in relation to an order means the date on which a notice under paragraph (4)(a) was published in respect of the order.
2
Part II of Schedule 4 shall have effect for the purpose of interpreting that Schedule.
3
The provisions of Parts II and III (except regulation 18 where appropriate) of these Regulations shall not apply to a consolidation order or to a minor order.
4
The order making authority shall —
a
within 14 days of making a consolidation order or a minor order, publish in a newspaper circulating in the area in which any road or place to which the order relates is situated a notice containing the following particulars —
i
the name of the order making authority;
ii
the title of the order;
iii
if the order is a minor order, a brief statement of the general nature and effect of the order;
iv
if the order is a consolidation order, a list of the orders consolidated by the order and, so far as the order has one or more of the effects described in Part I of Schedule 4, a brief statement of those effects; and
v
a statement that documents giving more detailed particulars of the order are available for inspection and a statement of the places at which they are so available and of the times when they may be inspected at each place; and
b
comply with the requirements of Schedule 2 as to the making of deposited documents available for public inspection at the places specified in the notice under sub-paragraph (a) for a period of 6 weeks beginning with the publication date.
5
No provision of a consolidation order shall come into force before the publication date.
6
No provision of a minor order shall come into force before the end of the period of 14 days beginning with the publication date.
7
The provisions of this regulation are subject to those of regulation 24.
Experimental orders
22
1
The provisions of regulations 7 (publication of proposals) and 8 (objections) shall not apply to an experimental order.
2
No provision of an experimental order shall come into force before the expiration of the period of seven days beginning with the day on which a notice of making in relation to the order is published.
3
The order making authority shall comply with the requirements of Schedule 2 as to the making of deposited documents relating to an experimental order available for public inspection.
4
Deposited documents shall be so made available, at the times and at the places specified in the notice of making in relation to the experimental order, for a period beginning with the date on which that advertisement is first published and ending when the order ceases to have effect.
Orders giving permanent effect to experimental orders
23
1
This regulation applies where the sole effect of an order (“a permanent order”), which is not an order made under section 9 of the 1984 Act, is to reproduce an continued in force indefinitely the provisions of an experimental order or of more than one such order (“a relevant experimental order”), whether or not that order has been varied or suspended under section 10(2) of the 1984 Act.
2
Regulations 6 (consultation), 7 (notice of proposals) and 8 (objections) shall not apply to a permanent order where the requirements specified in paragraph (3) have been complied with in relation to each relevant experimental order.
3
The requirements are that —
a
the notice of making contained the statements specified in Schedule 5;
b
deposited documents (including the documents referred to in sub-paragraphs (c) and (e)) were kept available for inspection in accordance with Schedule 2 throughout the whole of the period specified in regulation 22(4);
c
the deposited documents included a statement of the order making authority’s reasons for making the experimental order;
d
no variation or modification of the experimental order was made more than 12 months after the order was made; and
e
where the experimental order has been modified in accordance with section 10(2) of the 1984 Act, a statement of the effect of each such modification has been included with the deposited documents.
4
In the application of regulations 10, 11 and 13 and Schedule 3 to a permanent order to which regulations 6, 7 and 8 do not apply by virtue of paragraph (2) —
a
the notices of making published in respect of each relevant experimental order shall be treated as the notice of proposals published under regulation 7(1)(a) in respect of the permanent order;
b
any objection made in accordance with the statement included by virtue of paragraph (3)(a) in the notice of making published in respect of a relevant experimental order shall be treated as an objection duly made under regulation 8 to the permanent order.
Objections to Part IV orders under Schedule 5 to the Local Government Act 1985
24
1
This regulation applies where the order making authority is a London authority or a metropolitan district council and another such authority (“the other authority”) is required to be consulted by virtue of paragraph 6(3)(c) of Part II of Schedule 5 to the 1985 Act in connection with an order.
2
Where, by virtue of the provisions of this Part of these Regulations, regulation 7 does not apply to an order, the order making authority shall nevertheless, before making the order, send to the other authority a notice containing the particulars specified in Parts I and II of Schedule 1 and the other authority may object to the order during the period beginning with the date on which that notice is sent and ending 21 days later.
3
Any objection under paragraph (2) must be made in accordance with regulation 8(3) as if an objection had been made in accordance with regulation 8(2).
PART V
NOTICES UNDER SECTIONS 35C AND 46A OF THE ROAD TRAFFIC REGU LATION ACT 1984
Notices of variation
25
1
In this regulation “a notice of variation” means a notice given by a local authority under section 35C or section 46A of the 1984 Act.
2
Where a local authority proposes to give a notice of variation which would be likely to have a direct effect on traffic, or any class of traffic, on a road for which it is not the traffic authority, the local authority shall, before giving the notice, send a draft of it to the traffic authority for that road.
3
A notice of variation shall be given by publishing it at least once in a newspaper circulating in the area in which the parking places to which the notice relates are situated at least 21 days before it is due to come into force.
4
A notice of variation shall —
a
specify the date when it is due to come into force;
b
identify every parking place to which the notice relates;
c
specify in respect of each such parking place —
i
the charges payable for the use of the parking place at the date the notice is given;
ii
the charges that will be payable when the notice comes into force.
5
Where a notice of variation relates to an off-street parking place, the local authority —
a
shall cause a copy of the notice to be displayed in the parking place on the date on which the notice is given and take all reasonable steps to ensure that it continues to be so displayed and remains in a legible condition until the date on which it comes into force; and
b
shall, if it thinks fit, cause additional copies to be so displayed in the parking place and in roads giving access to the parking place.
6
Where a notice of variation relates to an on-street parking place, the local authority shall, if it thinks fit, cause copies of the notice to be displayed in prominent positions in the road in which the parking place is situated.
Signed by authority of the Secretary of State for Transport
John Watts
Minister of State,
Department of Transport
23rd September 1996
Signed by authority of the Secretary of State for Wales
Gwilyn Jones
Parliamentary Under-Secretary of State,
Welsh Office
26th September 1996