type: legislation

jurisdiction: UK

text:
Commencement and citation
1
This Order may be cited as the A1 Trunk Road (Barnet) Red Route (Clearway) Traffic Order 1996, and shall come into force on 19th March 1996.
Interpretation
2
In this Order —
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route clearway” means the lengths of road specified in column (2) of the table in schedule 1;
f
“vehicle” includes part of a vehicle; and
g
an entry in column (3), (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule.
General prohibition of stopping
3
1
Subject to the provisions of paragraph (2) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop at any time in the trunk road red route clearway.
2
The controls specified in paragraph (1) of this article do not apply in respect of any area of the trunk road red route clearway specified in schedule 2.
Exemptions for parking
4
Not taken up.
Miscellaneous exemptions for parking
5
1
Not taken up.
2
Not taken up.
3
Not taken up.
4
Not taken up.
Exemptions for loading and unloading
6
Not taken up.
Exemptions for disabled persons
7
1
Not taken up.
2
Not taken up.
3
Not taken up.
Exemptions at bus stops and stands
8
1
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to which this article applies to stop at a bus stop (being an area of road bounded by a traffic sign which includes the words “bus stop”) for so long only as may be required to enable passengers to get on or off the vehicle or, in the case of a vehicle being used to provide a local service, for so long only as may be required for a change of crew.
2
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle being used to provide a local service to stop at a bus stand (being an area of road bounded by a traffic sign which includes the words “bus stand”) for so long only as may be required for timetabling reasons.
3
This article applies —
a
before 1 January 1997 to
i
a public service vehicle used for the provision of a local service or a scheduled express service,
ii
a school bus, and
iii
a works bus; and
b
after 31 December 1996 to
i
a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver), and
ii
a local bus not so constructed or adapted.
4
In this article “local bus”, “local service”, “scheduled express service”, “school bus” and“works bus” have the meanings given to those expressions in regulation 4 of the Traffic Signs Regulations and General Directions 1994 .
Other exemptions
9
1
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to stop if that person is —
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Revocation or variation of existing Orders
10
1
Subject to paragraph (2) of this article, the Barnet (Waiting and Loading Restrictions) (Special Parking Areas) Order 1994 and the Barnet (Waiting and Loading Restrictions) (Priority Routes and Side Roads) Order 1994 are hereby suspended, in so far as their provisions relate to any part of the trunk road red route.
2
The suspension specified in paragraph (1) of this article shall take effect in respect of any provision contained in the Barnet (Waiting and Loading Restrictions) (Special Parking Areas) Order 1994 and the Barnet (Waiting and Loading Restrictions) (Priority Routes and Side Roads) Order 1994 only from the time at which the traffic sign indicating the effect of that provision has been obliterated.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
15 March 1996


text:
Citation and commencement
1
This Order may be cited as the Central Manchester Development Corporation (Transfer of Property, Rights and Liabilities) Order 1996 and shall come into force on 26th March 1996.
Transfer of property, rights and liabilities
2
There are hereby transferred to the Secretary of State any property, rights and liabilities vested for the time being in the Central Manchester Development Corporation which have not been transferred under —
a
an agreement made under section 165 of the Local Government, Planning and Land Act 1980 ; or
b
article 4 of the Central Manchester Development Corporation (Planning Functions) Order 1996 .
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,
Department of the Environment
7th February 1996


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Contributions) Amendment (No.2) Regulations 1996 and shall come into force on 6th April 1996.
2
In these Regulations, “the principal Regulations ” means the Social Security (Contributions) Regulations 1979 .
Amendment of the principal Regulations
2
1
The principal Regulations shall be further amended in accordance with the following provisions of this regulation.
2
In regulation 7 (lower and upper earnings limits for Class 1 contributions) —
a
for the date “6th April 1995” there shall be substituted the date “6th April 1996”; and
b
for the sums “£58” and “£440” there shall be substituted respectively the sums “£61” and “£455”.
3
Regulation 115 (which provides for the payment of a reduced rate Class 1 contribution by serving members of H.M. forces and the Crown as their employer) is hereby revoked.
Signed by authority of the Secretary of State for Social Security.
Oliver Heald
Parliamentary Under-Secretary of State,
Department of Social Security
7th March 1996


text:
1
This Order may be cited as the Amusement Machine Licence Duty (Small-prize Machines) Order 1996 and shall come into force on 1st July 1996.
2
Article 4(1) of the Betting and Gaming Duties Act 1981 (Monetary Amounts) Order 1995 shall be omitted.
3
In section 22(2) of the Betting and Gaming Duties Act 1981 for “£8” there shall be substituted “£10”.
D J Howard
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
5th June 1996


text:
Now, therefore, the Secretary of State, in exercise of thepowers conferred on him by section 9 of the Act, hereby makes thefollowing Order: —
1
This Order may be cited as the Public TelecommunicationSystem Designation (Atlantic Telecommunications Limited) Order1996 and shall come into force on 17th July 1996.
2
Each of the Applicable Systems is hereby designated as apublic telecommunication system.
Ian Taylor
Parliamentary Under Secretary of State,
Department of Trade
and Industry
17th June 1996


text:
Commencement and citation
1
This Order may be cited as the A501 Trunk Road (Camden, Islington and Westminster) Red Route Experimental Traffic Order 1996, and shall come into force on 7th May 1996.
Interpretation
2
In this Order —
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route” means the lengths of road specified in column 2 of the table in schedule 1;
f
“vehicle” includes part of a vehicle; and
g
an entry in column (3) , (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule.
General prohibition of stopping
3
1
Subject to the provisions of paragraphs (2) and (3) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop in the trunk road red route during the restricted hours.
2
Subject to the provisions of paragraph (3) of this article, and of articles 5(1), 5(5), 8 and 9, no person shall cause any vehicle to stop at any time in any lengths of the trunk road red route specified in schedule 4.
3
The controls specified in paragraphs (1) and (2) of this article do not apply in respect of any area of the trunk road red route specified in schedule 2A.
4
In this article “the restricted hours” means, in relation to a length of the trunk road red route specified in an item in column (2) of the table in schedule 1, the hours specified in that item in column (3) of that table.
Exemptions for parking
4
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
Miscellaneous exemptions for parking
5
1
Licensed taxi cabs: The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to be parked at the edge of the carriageway on a length of road specified in schedule 2D.
2
Coaches: The controls specified in article 3(1) do not apply in respect of a person causing a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver) or a local bus (as defined in article 8(4)) not so constructed or adapted, to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2E during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
3
Doctors' vehicles: The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2F during the hours specified in column (3) in that item, provided that —
a
there is displayed in the windscreen of the vehicle a badge issued by, or with the authority of, the Traffic Director for London to a medical practitioner, and which specifies —
i
the name of the person to whom it was issued, and
ii
the premises in relation to which it applies; and
b
the vehicle was parked by, or with the permission of, the person whose name is specified on the badge and for so long only as the person who parked the vehicle is engaged in work at the premises specified on the badge.
4
Solo motor bicycles: The controls specified in article 3(1) do not apply in respect of a person causing a motor bicycle without a side-car to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2G during the hours specified in column (3) in that item.
5
Ambulances: The provisions of article 3(1) do not apply in respect of a person causing an ambulance to be parked in an area of road bounded by a traffic sign authorised for the purpose of this exemption on a length of road specified in an item in column (2) of the table in schedule 2H. In this paragraph “ambulance” means a vehicle which is being used for the conveyance of sick, injured or disabled persons.
Exemptions for loading and unloading
6
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which is being loaded or unloaded to stop at the edge of the carriageway on a length of road specified in an item in column (2) of the tables in schedules 3A and 3B during the hours specified in column (3) in that item for as long as is needed to load or unload the vehicle or 20 minutes, whichever is the less, provided that not less than 20 minutes has elapsed since the vehicle was last parked on any part of the same length of road. a
Exemptions for disabled persons
7
1
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item.
2
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2C during the hours specified in column (3) in that item.
3
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position, and a parking disc on which is shown the time at which the period of parking began, to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item, for a period of up to 3 hours not being a period separated by an interval of less than 1 hour from a previous period when that vehicle was parked in that length of road.
Exemptions at bus stops and stands
8
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to which this article applies to stop at a bus stop (being an area of road bounded by a traffic sign which includes the words “bus stop”) for so long only as may be required to enable passengers to get on or off the vehicle or, in the case of a vehicle being used to provide a local service, for so long only as may be required for a change of crew.
2
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used to provide a local service to stop at a bus stand (being an area of road bounded by a traffic sign which includes the words “bus stand”) for so long only as may be required for timetabling reasons.
3
This article applies —
a
before 1 January 1997 to
i
a public service vehicle used for the provision of a local service or a scheduled express service,
ii
a school bus, and
iii
a works bus; and
b
after 31 December 1996 to
i
a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver), and
ii
a local bus not so constructed or adapted.
4
In this article “local bus”, “local service”, “scheduled express service”, “school bus” and “works bus” have the meanings given to those expressions in regulation 4 of the Traffic Signs Regulations and General Directions 1994 .
Other exemptions
9
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to stop if that person is —
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) and (2) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) and (2) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Power to modify or suspend this Order
10
If it appears to the Traffic Director for London, or some person authorised by him, essential in the interests of the expeditious, convenient and safe movement of traffic, or of the provision of suitable and adequate parking facilities on the highway, or for preserving or improving the amenities of the area through which any road affected by this Order runs, and after consulting with the Commissioner of Police of the Metropolis, he may modify or suspend any provision of this Order, save that no modification shall make an addition.
Suspensions of existing Orders
11
1
Subject to paragraph (2) of this article, the Camden (Waiting and Loading Restriction) (No.2) Order 1993, the Islington (Waiting and Loading Restriction) Order 1976 and the City of Westminster (Waiting and Loading Restriction) Order 1976 are hereby suspended, in so far as their provisions relate to any part of the trunk road red route.
2
The suspension specified in paragraph (1) of this article shall take effect in respect of any provision contained in the Camden (Waiting and Loading Restriction) (No.2) Order 1993, the Islington (Waiting and Loading Restriction) Order 1976 or the City of Westminster (Waiting and Loading Restriction) Order 1976 only from the time at which the traffic sign indicating the effect of that provision has been obliterated.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
18th April 1996


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


text:
Title, extent and commencement
1
These Regulations may be cited as the Sheep Annual Premium (Amendment) Regulations 1996, shall extend to Great Britain and shall come into force on 1st February 1996.
Amendments to the Sheep Annual Premium Regulations 1992
2
1
The Sheep Annual Premium Regulations 1992 shall be amended in accordance with the following paragraphs of this regulation.
2
Regulation 4 (keeping and retention of a register) is revoked, except insofar as the obligation to retain a register required to be kept under that regulation is concerned.
3
In paragraph (1)(a) of regulation 5 (powers of authorised officers), for the existing text substitute “carrying out any check which a member State is required to carry out by Article 6 of the Commission Regulation”.
4
In paragraph (5)(a) of regulation 5, after “record” insert “the producer is required to keep by article 5 of the Sheep and Goats (Records, Identification and Movement) Order 1996 (“the 1996 Order ”)”.
5
Insert the following regulation after regulation 8 (recovery of payments) —
Failure to comply with the 1996 Order
8A
Where at any time during a marketing year a producer fails to comply with article 5 of the 1996 Order, the competent authority may withhold or recover on demand the whole or any part of any premium payable or as the case may be paid to the producer in respect of that marketing year.
.
Tony Baldry
Minister of State, Ministry of Agriculture, Fisheries and Food
10th January 1996
Lindsay
Parliamentary Under Secretary of State, Scottish Office
11th January 1996


text:
Citation and commencement
1
These Regulations may be cited as the National Health Service (Provision of Information and Administrative Expenses etc.) Regulations 1996 and shall come into force on 14th October 1996.
Interpretation
2
In these Regulations —
“the Financial Services Act” means the Financial Services Act 1986;
“the Pensions Act” means the Pensions Act 1995;
“the Taxes Act” means the Income and Corporation Taxes Act 1988;
“personal pension scheme” has the meaning given by section 1 of the Pension Schemes Act 1993 and includes —
a retirement annuity contract approved under Chapter III of Part XIV of the Taxes Act;
a personal pension scheme approved under Chapter IV of Part XIV of the Taxes Act; and
a retirement benefits scheme approved under section 591 of the Taxes Act; and
“the Scheme” means the scheme having effect under the National Health Service Pension Scheme Regulations 1995.
Application of the Regulations
3
1
Subject to paragraph (2), these Regulations shall apply in respect of an individual who is or has been eligible to be an active member of the Scheme but who —
a
opted out of membership of the Scheme; or
b
elected not to become a member of the Scheme,
and who has instead made contributions to a personal pension scheme.
2
These Regulations shall apply to the individual referred to in paragraph (1) above only where a question arises as to whether or not he has suffered loss as a result of a contravention which is actionable under section 62 of the Financial Services Act (actions for damages in respect of contravention of rules etc.).
3
In paragraph (1) above, “active member” is to be construed in accordance with section 172(5) of the Pensions Act.
Provision of information in prescribed circumstances
4
For the purposes of section 172(1) of the Pensions Act (provision of information by the Secretary of State to a prescribed person and the imposition by him on that person of reasonable fees incurred in respect of administrative expenses), the prescribed circumstances are that the individual in respect of whom the information relates —
a
has requested in writing that the Scheme provide him with such information; or
b
has consented in writing to the Scheme providing such information to a prescribed person.
Provision of information to prescribed persons
5
For the purposes of section 172(1) of the Pensions Act (provision of information by the Secretary of State to a prescribed person and the imposition by him on that person of reasonable fees incurred in respect of administrative expenses), the prescribed persons are —
a
a person who is or has been an authorised person within the meaning of the Financial Services Act (“an authorised person”);
b
an appointed representative within the meaning of section 44 of the Financial Services Act (“an appointed representative”);
c
a recognised self-regulating organisation within the meaning of the Financial Services Act;
d
a recognised professional body within the meaning of the Financial Services Act;
e
the Securities and Investments Board;
f
the Investors Compensation Scheme Limited;
g
a professional indemnity insurer of an authorised person or an appointed representative;
h
The Chartered Accountants Compensation Scheme Limited;
i
The Solicitors Indemnity Fund Limited;
j
a person or body arbitrating or adjudicating in, or investigating or considering, a complaint or dispute made or referred to them by such an individual as is mentioned in section 172(1) of the Pensions Act and which involves that individual and an authorised person or an appointed representative; and
k
a person or body appointed to act on behalf of any of the above.
Imposition of fees in respect of administrative expenses
6
For the purposes of section 172(2) of the Pensions Act (prescribed persons on whom the Secretary of State may impose reasonable fees in connection with admission, readmission etc.), the prescribed persons are the persons referred to in regulation 5(2)(a) to (d), (f) to (i) and (k) above.
Stephen Dorrell
Secretary of State for Health
18th September 1996


text:
1
This Order may be cited as the A66 Trunk Road (Long Newton Grade Separated Junction Slip Roads) Order 1996 and shall come into force on 13th December 1996.
2
In this Order–
1
all measurements of distance are measured along the route of the relevant highway
2
i
“the plan” means the plan numbered HA 10/2-/253 marked “The A66 Trunk Road (Long Newton Grade Separated Junction Slip Roads) Order 1996”, signed by authority of the Secretary of State and deposited at the Department of Transport, 76 Marsham Street, London, SWlP 4DR.
ii
“the slip roads” means the new highways which the Secretary of State proposes to construct along the routes described in the Schedule to this Order and which connect the trunk road with other highways at the places stated in that Schedule.
3
The slip roads shall become trunk roads from the date when this Order comes into force.
4
The centre line of each of the new trunk roads is indicated by a heavy black line on the plan.
5
The Secretary of State directs as respects any part of a highway which crosses the route of any of the trunk roads that–
a
where the highway is maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question, until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is open for traffic.
Signed by authority of the Secretary of State
K A Lasbury
Director, Northern Network Management Division, Highways Agency
25th November 1996


text:
Citation and commencement
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (Horsham District Council and Wealden District Council) Order 1996 and shall come into force on 24th July 1996.
Exemption of sports and leisure facilities management
2
1
The management of sports and leisure facilities by the council of the district of Horsham shall not be treated as a defined activity so long as it is carried out in their area during the period beginning on 1st January 1997 and ending with 31st March 1998.
2
The management of sports and leisure facilities by the council of the district of Wealden shall not be treated as a defined activity so long as it is undertaken at the Goldsmiths Leisure Centre, Crowborough, before 1st April 1997.
Signed by authority of the Secretary of State
Paul Beresford
Parliamentary Under Secretary of State,
Department of the Environment
25th June 1996


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Sole (Specified Sea Areas) (Prohibition of Fishing) Order 1996 and shall come into force on 14th January 1997.
2
In this Order —
“British fishing boat” means a fishing boat which is registered in the United Kingdom, the Isle of Man or any of the Channel Islands or which, not being so registered, is British-owned;
“length”, in relation to a boat, means the length calculated in accordance with the rules specified in Article 2(1) of Council Regulation ( EEC ) No. 2930/86 defining charac-teristics for fishing vessels as amended ;
“sea area” means a statistical sub-area of the International Council for the Exploration of the Sea specified in the Schedule hereto.
Prohibition and exception
2
1
Subject to paragraph (2) below, fishing for sole (Solea solea)
a
by any British fishing boat registered in the United Kingdom within any part of a sea area; or
b
by any other British fishing boat within any part of a sea area which lies within British fishery limits ,
is prohibited during the period beginning with the date of coming into force of this Order and ending immediately before 21st April 1997.
2
The prohibition in paragraph (1) above shall not apply to any boat whose length exceeds 10 metres, except in the case of any boat when used for the purpose of conveying persons wishing to fish for pleasure.
Powers of British sea-fishery officers in relation to fishing boats
3
1
For the purpose of the enforcement of this Order a British sea-fishery officer may exercise the powers conferred by paragraphs (2) to (4) below —
a
anywhere in relation to any British fishing boat registered in the United Kingdom, and
b
in any waters adjacent to the United Kingdom and within British fishery limits in relation to any other British fishing boat.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) above and, in particular —
a
may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;
c
for the purpose of ascertaining whether the master, owned or charterer of the boat has committed an offence under section 5(1) or (6) of the Sea Fish (Conservation) Act 1967 as read with this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search; and
d
where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence; but nothing in sub-paragraph (d) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that a contravention of this Order has at any time taken place within British fishery limits, he may —
a
require the master of the boat in relation to which the contravention took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
Tony Baldry
Minister of State,
Ministry of Agriculture,
Fisheries and Food
23rd December 1996
Raymond Robertson
Parliamentary Under Secretary of State,
Scottish Office
18th December 1996
Signed by authority of the Secretary of State for Wales
Jonathan Evans
Parliamentary Under Secretary of State,
Welsh Office
10th December 1996
Denton
Parliamentary Under Secretary of State, Northern Ireland
12th December 1996


text:
Citation and commencement
1
These Regulations may be cited as the Dental Auxiliaries (Amendment) Regulations 1996 and shall come into force on 1st December 1996.
Amendment of regulation 6 of the Dental Auxiliaries Regulations 1986
2
In regulation 6 of the Dental Auxiliaries Regulations 1986 (fees prescribed by the General Dental Council), for “£7.00” there shall be substituted “£10.00”; for “£10.00” there shall be substituted “£20.00”; and for “£2.00” there shall be substituted “£5.00”.
The Common Seal of the General Dental Council was hereto affixed in the presence of
Margaret Seward
President
Rosalind Hepplewhite
Registrar
The 28th day of November 1996


text:
Citation and commencement
1
These Regulations may be cited as the Personal and Occupational Pension Schemes (Preservation of Benefit and Perpetuities) (Amendments) Regulations 1996 and shall come into force on 6th April 1997.
Amendment of the Occupational Pensions Schemes (Preservation of Benefit) Regulations 1991
2
1
The Occupational Pension Schemes (Preservation of Benefit) Regulations 1991 are amended in accordance with the following provisions of this regulation.
2
For regulation 1(3) (interpretation) there is substituted —
3
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Pension Schemes Act 1993 ;
“the 1995 Act ” means the Pensions Act 1995 ;
“scheme” means an occupational pension scheme.
.
3
In regulation 5(1) (short service benefit in lump sum form) the words from “or any other circumstances” to the end are omitted.
4
In regulation 7 (alternatives to short service benefit) paragraphs (3) and (4) are omitted.
5
In regulation 9 (bought out benefits) in paragraph (5)(c) for “the Occupational Pensions Board” there is substituted “the trustees or managers of the scheme”.
6
After regulation 11 there is inserted —
Further alternative to short service benefit - transfer to an overseas arrangement
11A
1
For the purposes of section 73(2) of the Act (alternatives to short service benefit) a scheme may, instead of providing short service benefit, provide for the member’s accrued rights to be transferred, if the member consents, to an overseas arrangement.
2
For the purposes of paragraph (1) “overseas arrangement” means a scheme or arrangement, other than an occupational pension scheme, which —
a
has effect, or is capable of having effect, so as to provide benefits on termination of employment or on death or retirement to or in respect of earners;
b
is not an appropriate scheme; and
c
is administered wholly or primarily outside the United Kingdom.
.
7
In regulation 12 —
a
in paragraph (2)(b)(ii) for the words from “any of” to the end there is substituted “regulation 64(2) of the Occupational Pension Schemes (Contracting-out) Regulations 1996 (meaning of expression “connected employer”).”; and
b
after paragraph (4A) there is inserted —
4B
Where it is proposed that a member’s accrued rights are to be transferred in accordance with this regulation, information about the proposed transfer and details of the value of the rights to be transferred (including rights in respect of death in service benefits and survivors' benefits) shall be furnished to the member not less than one month before the proposed transfer is due to take place.
.
8
In regulation 13 (benefits attributable to waiting periods) —
a
in paragraphs (1)(b) and (2)(c) the words “, in the Occupational Pensions Board’s opinion,” are omitted;
b
in paragraph (3) for the words from “the Occupational Pensions Board” to the end there is substituted “the waiting period does not exceed 2 years.”.
9
In regulation 14 (computation of benefit - money purchase benefits) paragraph (4) is omitted.
10
After regulation 14 there is inserted —
Circumstances in which uniform accrual does not apply - money purchase benefits
14A
1
In the case of a scheme providing money purchase benefits, section 74 of the Act (computation of short service benefit) applies with the following modifications.
2
In subsection (6) after “it must” there is inserted “, subject to subsection (6A),” and after subsection (6) there is inserted —
6A
If the requirements set out in subsection (6B) is satisfied in relation to a scheme, so much of any money purchase benefits provided by the scheme as would otherwise be required to be computed in accordance with subsection (6) must be computed in accordance with subsection (1).
6B
The requirement is that, when calculated in relation to a hypothetical member who, at any given age and when in receipt of any given salary from the relevant employment equal to any of the indicative salaries specified in subsection (6C)(b), begins to accrue money purchase benefits in the scheme and continues to do so for a period ending before he attains normal pension age and comprising any given number of years (but not less than 2) —
a
in the case of at least 90 per cent. of such hypothetical members the amount of the fund (“F”) which the member could have been expected to accumulate at the end of the period is equal to or more than an amount (“G 1 ”) calculated in accordance with subsection (6C)(d) and corresponding to a proportion of the fund (“G”) which he could have been expected to accumulate had he continued to accrue money purchase benefits until normal pension age; and
b
in the case of all such hypothetical members, F is not less than 90 per cent. of G 1 .
6C
For the purposes of determining whether the requirement set out in subsection (6B) is satisfied —
a
F and G shall be calculated in accordance with the contribution structure provided for in the scheme rules, applying the following actuarial assumptions —
i
a rate of gross investment return of 8 per cent. per annum;
ii
a rate of salary escalation of 5¾ per cent. per annum up to normal pension age;
iii
where it is necessary to predict the rate of future price inflation (for example where the contribution structure of the scheme is related to the lower or upper earnings limits) a rate of future price inflation of 3¾ per cent. per annum;
b
indicative salaries are —
i
¾ of the upper earnings limit in force for the date on which the calculation is made;
ii
1½ time that limit; and
iii
except in cases where more than 90 per cent. of members accruing money purchase benefits in the scheme earn below 3 times that limit, 3 times that limit;
c
in calculating F and G there may be disregarded —
i
so much of any benefit as derives from the payment of minimum payments or payments under section 42A(3) (age-related rebates) ; and
ii
where a scheme provides for members to have the option to increase their contributions after attaining a specified age or completing a specified period of service, so much of any benefit as would accrue at a higher rate if a member exercised that option;
d
G 1 shall be calculated in accordance with the following formula —
G 1 = G × ( N / NS ) × ( 1 / 1.08 ) ( NS - N ) × ( 1.0375 / 1.0575 ) ( NS - N )
where —
N
the number of years in the period referred to in subsection (6B); and
NS
the number of years from the date on which that period commences to the date on which the member attains normal pension age.
6D
Where a scheme has differing contribution structures each of which relates to a specific category of member (not being a category defined by age or length of service) subsections (6A) to (6C) shall apply to each such category as though the members falling within it were members of a separate scheme.
.
11
In regulation 16 (computation of benefit - uniform accrual) in paragraph (3) for “the Occupational Pensions Board” there is substituted “they”.
12
Regulation 18 (commutation of benefit) is revoked.
13
In regulation 20 (deductions from short service benefit) —
a
in paragraph (2) the words from “The basis for” to the end are omitted;
b
paragraph (3) is omitted.
14
In regulation 24 (3)(a) (schemes funded by level annual premiums) the words “, in the Occupational Pensions Board’s opinion,” are omitted.
15
In regulation 25 (schemes with an overseas element) in paragraph (4)(a) the words “, in the Occupational Pensions Board’s opinion,” are omitted.
16
Regulation 26 (transfers to overseas schemes) is revoked.
17
In regulation 27(2) (specific provisions to be included in scheme rules) —
a
for “may be treated by the Occupational Pensions Board” there is substituted “shall be treated”;
b
in sub-paragraph (b) for the words from the beginning to “members of the scheme” there is substituted “members and prospective members have been notified”.
18
After regulation 27 there is inserted —
Information to be furnished to early leavers
27A
1
The trustees or managers of any scheme must furnish in writing the information specified in paragraph (2) —
a
as of course to any person as soon as practicable and, in any event, within 2 months after he or his employer has notified the trustees that his pensionable service has terminated; and
b
to any member or prospective member on request (not being a request made less than 12 months after the last occasion on which such information was furnished to him) as soon as practicable and, in any event, within 2 months after he requests it.
2
The information referred to in paragraph (1) is information as to the rights and options (if any) available to a member whose pensionable service terminates before he attains normal pension age.
3
The trustees or managers of any scheme must furnish in writing the information specified in paragraph (4) on request (not being a request made —
a
after such information has already been furnished to the same person in a case where the information was that no refund of contributions would be available in any circumstances; or
b
less than 12 months after the last occasion on which such information was furnished to the same person, in any other case), to any person who has paid contributions to the scheme which have not been refunded, as soon as practicable and, in any event, within 2 months after he requests it.
4
The information referred to in paragraph (3) is information as to whether a refund of contributions is available or would be available in any circumstances, and in either case, an estimate of the amount of the refund and an explanation of the method of calculating it.
Offence and penalties
27B
Where a person fails, without reasonable excuse, to comply with any requirement imposed on him by regulation 12(4B)(requirement to provide information regarding a transfer of accrued rights without consent) or 27A, the Occupational Pensions Regulatory Authority may require him to pay, within 28 days, a penalty which —
a
in case of an individual, shall not exceed £1, 000; and
b
in any other case, shall not exceed £10,000.
.
Amendment of the Personal and Occupational Pension Schemes (Perpetuities) Regulations 1990
3
In regulation 5 of the Personal and Occupational Pension Schemes (Perpetuities) Regulations 1990 (schemes that cease to qualify under section 163 of the Pension Schemes Act 1993) for “Occupational Pensions Board consider” there is substituted “Secretary of State considers”.
Transitional arrangements - application of uniform accrual to money purchase benefits
4
Where, prior to the coming into force of the amendments made by regulation 2(9) and (10) of these Regulations, short service benefit which would otherwise have been required to be computed in accordance with uniform accrual has been computed on the same basis as long service benefit, in accordance with a determination of the Occupational Pensions Board under regulation 14(4) of The Occupational Pension Schemes (Preservation of Benefit) Regulations 1991, then, until such time as there is a change in the rules of the scheme affecting the rate at which benefits accrue, the scheme may continue to compute short service benefit on that basis.
Signed by authority of the Secretary of State for Social Security.
MacKay of Ardbrecknish
Minister of State,Department of Social Security
15th August 1996


text:
Title and commencement
1
These Regulations may be cited as the Beef (Marketing Payment) (Amendment) Regulations 1996 and shall come into force on 1st November 1996.
Amendment
2
Regulation 9 of the Beef (Marketing Payment) Regulations 1996 , shall be replaced by —
9
Except where the appropriate Minister recovers from any applicant a payment or part of a payment paid to that applicant as a result of an error of that Minister, he may charge interest on any payment recovered under regulation 8 at the rate of one percentage point above the sterling three months London Interbank Offered Rate on a day to day basis for the period from the date of payment to the date of reimbursement by the applicant.
.
Douglas Hogg
Minister of Agriculture, Fisheries and Food
7th October 1996
Signed by authority of the Secretary of State for Wales
Jonathan Evans
Parliamentary Under Secretary of State,
Welsh Office
8th October 1996


text:
Citation and commencement
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (Stockport Borough Council) Order 1996 and shall come into force on 8th May 1996.
Exemption of catering work
2
Catering for purposes of schools by the Stockport Borough Council shall not be treated as a defined activity so long as it is carried out before 1st September 1997 in a school mentioned in the Schedule.
Signed by authority of the Secretary of State
Paul Beresford
Parliamentary Under-Secretary of State,
Department of the Environment
4th April 1996


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Special Parking Area) (London Borough of Redbridge) (Amendment) Order 1996 shall come into force on 8th January 1997.
2
1
The Schedule to the Road Traffic (Special Parking Area) (London Borough of Redbridge) Order shall be amended as follows.
2
Paragraph 79 shall be omitted.
Signed by authority of the Secretary of State for Transport
John Bowis
Parliamentary Under Secretary of State
Department of Transport
5th December 1996


text:
PART I
PRELIMINARY
Citation and commencement
1
These Regulations may be cited as the Welfare Food Regulations 1996 and shall come into force on 27th June 1996.
Interpretation
2
1
In these Regulations unless the context otherwise requires —
“approved price” in relation to milk supplied against a milk token means the lowest price which in the ordinary course of business a supplier charges, during the week in which that milk token was used, any of his retail customers for a 568 millilitre measure of milk or, if he supplies milk in multiples of 500 millilitres only, for a 500 millilitre measure of milk ;
“beneficiary” means a person entitled to milk, dried milk or vitamins by virtue of regulation 3, 4 or 5;
“clinic” means —
in relation to England and Wales —
any maternity or child health clinic provided by a Health Authority or by an NHS trust on behalf of the Secretary of State; or
any premises approved by a Health Authority or by an NHS trust as a welfare food distribution centre; and
in relation to Scotland —
any maternity or child health clinic provided by a Health Board or by an NHS trust on behalf of the Secretary of State; or
any premises approved by a Health Board or by an NHS trust as a welfare food distribution centre;
“day care” in relation to England and Wales has the same meaning as in section 18(4) of the Children Act 1989 and in relation to Scotland has the same meaning as in section 79(b) of that Act;
“day care provider” means a day care provider specified in regulation 18(2);
“dried milk” means any infant formula specified in Column 1 of Schedule 1 and manufactured by or on behalf of the person specified in relation to it in Column 2 of Schedule 1;
“exempt establishment” means a home or other establishment which, though providing day care, is exempt from registration with a local authority under section 71(1)(b) of the Children Act 1989 by virtue of paragraph 4 of Schedule 9 to that Act;
“exempt school” means a school or play centre which, though providing day care, is exempt from registration with a local authority under section 71(1)(b) of the Children Act 1989 by virtue of paragraph 3 of Schedule 9 to that Act;
“family” has the meaning given by section 137(1) of the Social Security Contributions and Benefits Act 1992 for the purposes of Part VII of the Act (income-related benefits);
“family credit” means family credit under Part VII of the Social Security Contributions and Benefits Act 1992;
“Health Authority” has the same meaning as in the National Health Service Act 1977 ;
“Health Board” means a Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978 ;
“income-based jobseeker’s allowance” has the same meaning as in the Jobseekers Act 1995 ; and any reference to a person entitled to an income-based jobseeker’s allowance in these Regulations has effect as from 7th October 1996;
“income support” means income support under Part VII of the Social Security Contributions and Benefits Act 1992;
“local authority” has the same meaning as in section 105(1) of the Children Act 1989;
“milk” means whole or semi-skimmed liquid cow’s milk which is heat treated but does not include milk to or from which chemicals, vitamins, flavours or colours have been added or removed otherwise than as a consequence of the process of heat treatment or as a consequence of the process of producing semi-skimmed milk from whole milk;
“milk token” means a token for milk or dried milk issued by or on behalf of the Secretary of State under regulation 10;
“NHS trust” in relation to England and Wales has the same meaning as in the National Health Service and Community Care Act 1990 and in relation to Scotland has the same meaning as in the National Health Service (Scotland) Act 1978 ;
“period of validity” in relation to a milk token means the period indicated on it in accordance with regulation 10(3) as that during which it may be used;
“registered child minder” means a person who is registered with a local authority under section 71(1)(a) of the Children Act 1989;
“registered day care provider” means a person who is registered with a local authority under section 71(1)(b) of the Children Act 1989;
“school milk subsidy” means a European Community school milk subsidy under Council Regulation ( EEC ) no. 1842/83 (supply of milk and certain milk products at reduced prices to school children);
“special reimbursement” means reimbursement in respect of which a special percentage applies under regulation 17;
“supplier” means a person who supplies milk, dried milk or vitamins under these Regulations;
“total retail milk supply” means the total of —
the volume of milk a supplier sells his retail customers; and
his welfare milk supply;
“vitamins” means vitamin tablets or vitamin drops containing vitamins A, C and D; and
“welfare milk supply” means the volume of milk which the supplier supplies against milk tokens or for which he has made an allowance in accordance with regulation 14(2).
2
Where any provision of these Regulations requires or enables anything to be done by or in respect of a beneficiary and that beneficiary is a child, the provision shall, unless the context otherwise requires, be deemed to refer to one of his parents or his guardian or the person having care of him.
3
In these Regulations, unless the context otherwise requires, a reference: —
a
to a numbered regulation, Part or Schedule is a reference to the regulation or the Part in, or the Schedule to, these Regulations bearing that number;
b
in a regulation or Schedule to a numbered paragraph is to the paragraph of that regulation or Schedule having that number; and
c
in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number.
PART II
ENTITLEMENT TO FREE MILK, DRIED MILK AND VITAMINS AND DRIED MILK AT A REDUCED PRICE
Entitlement to free milk
3
1
Subject to paragraph (4) and the provisions as to milk tokens in Parts III and IV , any person specified in paragraph (2) is entitled to receive milk for personal consumption, in accordance with these Regulations, free of charge.
2
For the purposes of paragraph (1), the person specified is any of the following in Great Britain —
a
an expectant mother who is, or is a member of the family of a person who is, entitled to income support or to an income-based jobseeker’s allowance; or
b
a child who has attained the age of one year but is under the age of five years and who is a member of the family of a person who is entitled to income support or to an income-based jobseeker’s allowance; or
c
a qualifying child.
3
A child is a qualifying child if he —
a
has attained the age of five years but is under the age of 16 years;
b
is not in paid employment; and
c
because of a physical or mental disability is neither a registered pupil at a school in accordance with the provisions of the Education Act 1944 nor a pupil in attendance at a school in accordance with the provisions of the Education (Scotland) Act 1980 .
4
No qualifying child shall be entitled to milk unless a claim in writing is made on his behalf to the Secretary of State, or to a person authorised by the Secretary of State, and the claim includes the information, and is supported by the document, specified in Schedule 2.
5
A beneficiary’s entitlement under this regulation is to milk at the rate of seven 568 millilitre measures a week or, where milk is supplied in multiples of 500 millilitres only, eight 500 millilitre measures a week .
Child under the age of one year — entitlement to free dried milk or milk
4
1
Subject to paragraph (3) and to the provisions as to milk tokens in Parts III and IV, a child in Great Britain who is under the age of one year and who is a member of the family of a person who is entitled to income support or to an income-based jobseeker’s allowance is entitled to receive dried milk or milk for personal consumption, in accordance with these Regulations, free of charge.
2
A beneficiary’s entitlement under this regulation is to —
a
dried milk at the rate of 900 grammes per week; or
b
milk at the rate of seven 568 millilitre measures a week or, where milk is supplied in multiples of 500 millilitres only, eight 500 millilitre measures a week.
3
Milk to which a beneficiary is entitled under paragraph (2)(b) may be for consumption by the beneficiary’s mother if she is breast-feeding the child.
Entitlement to free vitamins
5
1
Subject to paragraph (4), any person specified in paragraph (2) is entitled to receive vitamins for personal consumption, in accordance with these Regulations, free of charge.
2
For the purposes of paragraph (1), the person specified is any of the following in Great Britain —
a
a mother who is breast-feeding her child under the age of one year, or an expectant mother, who is, or is a member of the family of a person who is, entitled to income support or to an income-based jobseeker’s allowance; or
b
a child who is under the age of five years and who is a member of the family of a person who is entitled to income support or to an income-based jobseeker’s allowance.
3
Entitlement to vitamins under paragraph (1) is as follows —
a
in the case of a mother who is breast-feeding her child 90 tablets or 20 millilitres of drops for every 13 weeks of entitlement;
b
in the case of an expectant mother or a child under the age of five years, 20 millilitres of drops for every 13 weeks of entitlement.
4
No person shall be entitled to vitamins under this regulation unless a claim is made to a person responsible for the distribution of welfare food at a clinic and the claim is supported by —
a
documentary evidence of entitlement to income support or an income-based jobseeker’s allowance; and
b
if requested by the person to whom the claim is made, documentary evidence of the child’s age or documentary evidence that the beneficiary is an expectant mother.
Inability to obtain free vitamins
6
1
Any beneficiary who is unable to obtain vitamins under regulation 5 for a period (“the missing period”) as a result of a failure to receive from the Secretary of State evidence as to entitlement to income support or income-based jobseeker’s allowance may apply at an office of the Department of Social Security for a payment.
2
If the Secretary of State is satisfied, on an application under paragraph (1), that the failure to receive evidence of entitlement was the result of an act or omission on his part, he shall pay the beneficiary an amount equal to the cost of purchasing vitamins for the missing period from the nearest convenient clinic to where she lives.
Purchase of dried milk at a reduced price
7
1
Any person who is entitled, or is a member of the family of a person who is entitled, to family credit and who is responsible for a child who —
a
is not entitled to dried milk or milk under regulation 4;
b
is under the age of one year; and
c
is also a member of the family of the person who is entitled to family credit,
shall be entitled to purchase at any clinic, on behalf of that child, at a price of £3.65, 900 grammes of dried milk per week for personal consumption by that child.
2
No person shall be entitled to purchase dried milk under this regulation unless a claim is made to a person responsible for the distribution of welfare food at a clinic and the claim is supported by —
a
documentary evidence of entitlement to family credit; and
b
if requested by the person to whom the claim is made, documentary evidence of the child’s age.
3
A person’s entitlement under paragraph (1) shall be at a rate no greater than 900 grammes of dried milk a week.
4
A person may purchase dried milk for a period of up to four weeks from the date of the claim provided that she satisfies the person responsible for the distribution of welfare food at the clinic —
a
as to entitlement to family credit for the weeks for which the dried milk is purchased; and
b
if requested by the person to whom the claim is made, as to the age of the child on whose behalf the dried milk is purchased during the weeks for which it is purchased.
Inability to purchase dried milk at a reduced price
8
1
Any person who is unable to purchase dried milk to which a child is entitled under regulation 7 for a period (“the missing period”) as a result of a failure to receive from the Secretary of State evidence as to entitlement to family credit, may apply to an office of the Department of Social Security in writing for a payment.
2
If the Secretary of State is satisfied, on an application under paragraph (1), that the failure to receive evidence of entitlement was the result of some act or omission on his part, he shall pay the applicant an amount equal to the difference during the missing period between —
a
the lowest price payable for 900 grammes of a dried milk preferred by the applicant at the nearest convenient clinic to where the applicant lives; and
b
the price at which the applicant would have purchased 900 grammes of dried milk under regulation 7 but for the failure,
multiplied by the number of weeks in the missing period.
Use of milk, dried milk and vitamins
9
1
Any milk, dried milk or vitamins obtained by a beneficiary under these Regulations and any dried milk obtained by a person under regulation 7 may be consumed only by the person for whom it was obtained unless —
a
the consumption is necessary to avoid waste or is trifling in amount; or
b
the milk is consumed in accordance with regulation 4(3).
2
No person may use milk, dried milk or vitamins supplied to a beneficiary under these Regulations otherwise than in accordance with the provisions of paragraph (1).
3
No person may buy or sell milk, dried milk or vitamins supplied to a beneficiary under these Regulations.
PART III
MILK TOKENS
Issue of milk tokens
10
1
For each week that a beneficiary is entitled to receive milk or dried milk under regulation 3 or 4 the Secretary of State shall issue, or cause to be issued, to her a milk token to enable her to obtain her entitlement under these Regulations.
2
Milk tokens shall when issued indicate on their face whether they are to be used for milk or dried milk.
3
Milk tokens shall when issued indicate on their face that they may be used during a period of four weeks from the date of issue.
4
The Secretary of State or any person who issues a milk token on his behalf may, before he issues a milk token which indicates it is to be used for dried milk, request documentary evidence of the age of any beneficiary from the person who is to receive the milk token.
5
A milk token issued by the Department of Health and Social Services in Northern Ireland shall be valid in Great Britain as if it had been issued by or on behalf of the Secretary of State under these Regulations.
Use of milk tokens
11
1
A milk token may be used by a beneficiary within the period of its validity to obtain —
a
milk in accordance with regulation 14, provided that the milk token indicates that it is to be used only for milk; or
b
900 grammes of dried milk from a clinic for a child under the age of one year, provided that the milk token indicates that it is to be used only for dried milk.
2
A milk token which indicates that it is to be used only for milk may not be used to obtain dried milk, and one which indicates that it is to be used only for dried milk may not be used to obtain milk.
3
No person shall use a milk token except in accordance with these Regulations.
4
No person shall buy or sell a milk token issued under these Regulations.
Failure to receive milk tokens
12
1
Any beneficiary who is entitled to milk or dried milk under regulation 3 or 4 for a period (“the missing period”), but who does not receive it as a result of a failure to receive any milk token to which she is entitled under these Regulations for that period, may apply to an office of the Department of Social Security in writing for a payment.
2
If the Secretary of State is satisfied, on an application under paragraph (1) that the beneficiary did not receive a milk token because of some act or omission on the part of the Secretary of State, or on the part of a person issuing milk tokens on his behalf, he shall pay the beneficiary —
a
in the case of milk, an amount equal to the reasonable cost to her of purchasing the milk for the missing period; or
b
in the case of dried milk, an amount equal to the lowest price payable for 900 grammes of a dried milk preferred by her at the nearest convenient clinic to where she lives multiplied by the number of weeks in the missing period.
Control of milk tokens
13
1
Every milk token is and shall remain the property of the Secretary of State.
2
Any person holding milk tokens shall, when requested by the Secretary of State, produce or deliver to the Secretary of State all milk tokens in his possession within such time and to such place as he may direct in writing.
3
The Secretary of State may cancel any milk token which cannot be validly used under these Regulations.
4
If a beneficiary receives a milk token issued in accordance with regulation 10 and, before it is exchanged, the milk token is lost or stolen or accidentally destroyed she may apply at an office of the Department of Social Security for a replacement milk token and if the Secretary of State is satisfied that the milk token has been lost or stolen or accidentally destroyed whilst in her possession he may give her a replacement milk token.
PART IV
SUPPLIERS OF MILK
Exchange of milk tokens for milk
14
1
Subject to paragraphs (2) to (4), a supplier who accepts from a beneficiary a milk token which indicates that it is to be used for milk shall, in accordance with the provisions of these Regulations, supply her with seven 568 millilitre measures of milk or, where he supplies milk in 500 millilitre measures only, eight 500 millilitre measures of milk.
2
If a beneficiary is absent from her usual place of residence for a day or more during the period of validity of any milk token which a supplier has accepted from her and the supplier does not supply against that milk token the amount of milk specified in paragraph (1) the supplier shall, within the period of validity or immediately after that period, redress the shortfall —
a
by paying or allowing her an amount equal to the approved price for the measures of milk not supplied; or
b
by giving her an equivalent supply of milk after her return to her usual place of residence.
3
Where a supplier, at the request of a beneficiary, supplies milk against a milk token for milk and the price of the milk exceeds the approved price on account of its designation the supplier may charge the beneficiary the difference in cost between the price of the milk supplied and the approved price.
4
Except as provided for in paragraph (3), a supplier shall not accept from a beneficiary in connection with the supply of milk under these Regulations any payment of any sort other than a milk token.
Inability to exchange milk tokens for milk
15
1
A beneficiary who is unable to find a supplier willing to supply milk in exchange for a milk token for milk in accordance with regulation 14(1) may present the milk token within its period of validity to an office of the Department of Social Security in the area in which she usually resides.
2
If the Secretary of State is satisfied that a beneficiary who has presented a milk token in accordance with paragraph (1) has made reasonable efforts to find such a supplier he shall pay her an amount equal to the reasonable cost to her of purchasing the milk.
Reimbursement of suppliers
16
1
Subject to regulation 17, the Secretary of State shall reimburse a supplier who has submitted to him a milk token together with a claim in writing which includes the information set out in Schedule 3 with an amount equal to the approved price of the milk which the supplier has supplied against that milk token or for which he has made an allowance in accordance with regulation 14(2), less nine per cent.
2
No amount shall be reimbursed in respect of milk supplied in exchange for a milk token more than two years before the date of the claim for reimbursement.
3
Where a supplier sends milk tokens to the Secretary of State by post for the purpose of claiming reimbursement under paragraph (1) and the Secretary of State does not receive them, if the supplier applies to the Secretary of State for reimbursement in respect of the milk tokens, he may reimburse him in accordance with these Regulations provided that he is satisfied that the supplier exchanged them for milk in accordance with regulation 14(1) or made an allowance in accordance with regulation 14(2) and that he posted them to him for the purpose of claiming reimbursement.
Special reimbursement
17
1
A supplier may apply to the Secretary of State for a determination of a special percentage by which the supplier’s approved price will be reduced in accordance with this regulation.
2
A supplier who applies to the Secretary of State for a special percentage under paragraph (1) shall submit to him an application in writing which shall include the information and declaration specified in Part I of Schedule 4.
3
Where the Secretary of State is satisfied that —
a
the supplier’s welfare milk supply during a period of 52 consecutive weeks in the 60 weeks immediately preceding the date of the application was more than 7.5 per cent. of his total retail milk supply for that period; or
b
the supplier —
i
at the time of his application had not carried on a retail trade in milk for 52 weeks or more but had carried on such trade for a period of at least 13 consecutive weeks ending immediately preceding the date of his application, and
ii
had a welfare milk supply during that period of at least 13 consecutive weeks which was more than 7.5 per cent. of his total retail milk supply for that period,
he shall determine the special percentage by which the supplier’s approved price will be reduced for the purpose of reimbursement under paragraph (6) in accordance with Part II of Schedule 4, and shall notify him of it in writing.
4
A determination made under paragraph (3) shall have effect for a period of one year from the date specified in the determination.
5
A supplier may not apply to vary a special percentage given in a determination under paragraph (3).
6
Where the Secretary of State has determined a special percentage for a supplier under paragraph (3) and during the year specified in the determination the supplier submits to him a milk token together with a claim in writing which includes the information and declaration specified in Schedule 4, the Secretary of State shall reimburse the supplier with an amount equal to the approved price of the milk which the supplier has supplied against the milk token or for which he has made an allowance in accordance with regulation 14(2), less the special percentage.
PART V
CHILDREN IN DAY CARE
Milk or dried milk for children in day care
18
1
In addition to any entitlement under regulations 3, 4 and 7, a child who is under the age of five years on each day that he is looked after for two hours or more, or is provided with day care for two hours or more, by any day care provider who is approved as a supplier in accordance with regulation 19, shall be entitled, free of charge —
a
if he has attained the age of one year, to 189 millilitres of milk or, where milk is supplied in containers of 200 millilitres only, to 200 millilitres of milk;
b
if he has not attained the age of one year, either to milk as in paragraph (a) or dried milk, made up to provide 189 millilitres.
2
For the purposes of paragraph (1) a day care provider is —
a
a registered child minder;
b
a registered day care provider;
c
a local authority to the extent it is providing day care under section 18 of the Children Act 1989 or under section 12 of the Social Work (Scotland) Act 1968 ;
d
an exempt school; or
e
an exempt establishment to the extent that day care is being provided to children as part of the activities of the establishment only because the children are children of persons carrying on or employed to work at that establishment.
Approval of suppliers
19
1
Any day care provider may apply to the Secretary of State, or to a person authorised by him, for approval as a supplier in accordance with paragraph (3).
2
An application for approval under paragraph (1) shall be in writing and the application —
a
shall include the information specified in paragraph 1(a) to (f) of Schedule 5;
b
in the case of a registered child minder or a registered day care provider, it shall also be accompanied by the document specified in paragraph 1(g) of Schedule 5; and
c
in the case of an exempt school or an exempt establishment, shall also include the relevant declaration specified in paragraph 1(h) or (i) of Schedule 5.
3
The Secretary of State or a person authorised by him shall give his approval if he is satisfied that the applicant is providing day care, or looking after, children under the age of five.
4
Any day care provider approved as a supplier under paragraph (3) shall notify the Secretary of State, or person authorised by him, of any material change to the information in the declaration or otherwise included in his application for approval under paragraph (2).
5
The Secretary of State or person authorised to give approvals on his behalf may withdraw the approval of a supplier if he ceases to be satisfied —
a
that the supplier is a day care provider; or
b
that he is making adequate arrangements for the supply of milk or dried milk to children entitled to it under regulation 18(1).
Reimbursement of approved suppliers
20
1
Subject to paragraphs (2) to (4), a day care provider approved as a supplier under regulation 19 who supplies or secures the supply of milk or dried milk to children who are entitled under regulation 18(1) and who submits a claim for reimbursement including the information specified in paragraph 2 of Schedule 5, shall be reimbursed by the Secretary of State with an amount equal to the cost to that person of purchasing the milk or dried milk.
2
Claims for reimbursement shall, so far as reasonably practicable, be made at intervals of four months and in respect of milk supplied in the period of four months immediately preceding the claim.
3
No amount shall be reimbursed in respect of milk supplied more than two years before the date of the claim for reimbursement.
4
An exempt school which has purchased and supplied milk to children entitled to it under regulation 18(1) shall not be reimbursed in respect of that part of the cost of the milk for which the school may claim a school milk subsidy.
PART VI
GENERAL
Requirement to furnish information
21
1
The Secretary of State may require any person who has —
a
applied for approval as a supplier under regulation 19; or
b
claimed reimbursement of an amount in respect of milk, dried milk or vitamins supplied in accordance with these Regulations,
to furnish him, or an officer duly authorised in that behalf, with such information or evidence, whether in the form of documents or otherwise, as may be reasonably needed in connection with approving that person as a supplier or reimbursing that person.
2
An officer to whom a person is required, under paragraph (1), to furnish information or evidence shall produce to that person, if required to do so, his authority from the Secretary of State.
3
Where documents specified by the Secretary of State or an authorised officer under paragraph (1) are produced —
a
he may take copies of them or extracts from them, and
b
the person producing them, or where that person is a body corporate, any other person who is a present or past officer of, or is employed by, the body corporate shall provide an explanation of them if requested by the Secretary of State or an authorised officer.
4
Where documents specified under paragraph (1) are not produced, the person who was required to produce them shall state, to the best of his knowledge and belief, where they are.
Application of enactments
22
1
The enactments relating to the administration of benefit under the Social Security Administration Act 1992 specified in Column 1 of Schedule 6 shall have effect for the purpose of the administration of the scheme made by these Regulations, subject to the modifications specified in Column 2 of that Schedule.
2
A person who contravenes or fails to comply with any of the following provisions of these Regulations, namely —
regulation 7(3);
regulation 9(2);
regulation 9(3);
regulation 11(3);
regulation 11(4);
regulation 14(1);
regulation 14(4),
shall be guilty of an offence under section 13 of the Social Security Act 1988 and liable on summary conviction to a penalty not exceeding level 3 on the standard scale.
Revocations
23
The regulations specified in Schedule 7 to these Regulations are hereby revoked.
Transitional provisions
24
1
Anything done under a provision of the Welfare Food Regulations 1988 in so far as it could have been done under the provision as re-enacted in these Regulations with or without modification, shall have effect as if done under these Regulations.
2
Without prejudice to the generality of paragraph (1) —
a
any milk token issued under the Welfare Food Regulations 1988 may be used as though it were a milk token issued under these Regulations and a supplier may be reimbursed in respect of milk supplied against the milk token as though it were issued under these Regulations;
b
any approval given, or treated as given, by the Secretary of State under the Welfare Food Regulations 1988 in respect of a person or premises in relation to the supply of milk or dried milk to children shall be treated as an approval given under regulation 19(3) to that person or to the person receiving children at those premises;
c
any welfare food distribution centre within the meaning of regulation 2(1) of the Welfare Food Regulations 1988 shall be treated as though it had been approved as such a centre under regulation 2(1); and
d
any application by a supplier for approval to participate in arrangements for reimbursement under regulation 15A of the Welfare Food Regulations 1988 and any determination of a percentage under that regulation for a period which ends after the date on which these Regulations come into force shall be treated respectively as an application to determine a special percentage and a determination of a special percentage under regulation 17.
Stephen Dorrell
One of Her Majesty’s Principal Secretaries of State,
Department of Health
4th June 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Environmentally Sensitive Areas (Stewartry) Designation (Amendment) Order 1996 and shall come into force on 15th August 1996.
2
In this Order–
“the principal Order ” means the Environmentally Sensitive Areas (Stewartry) Designation Order 1993 .
Amendment of the principal Order
2
In article 2(1) of the principal Order (interpretation), for the definition of “wetlands” there shall be substituted the following definition:–
“wetlands” means ground which does not constitute rough grazings and is saturated with water for a significant proportion of the year.
.
3
In article 7 of the principal Order (payments for additional agricultural operations) for the words “Such payments” to the end there shall be substituted–
Such payments shall be at a rate to be determined by the Secretary of State–
in the case of an agreement entered into on or after 15th August 1996, up to a maximum rate of £30,000 for each 5 year conservation plan; and
in the case of an agreement entered into before that date–
for the year of the 5 year conservation plan included in such agreement which commenced but which had not ended before that date, up to a maximum rate of £150 per annum for each hectare of land to which the agreement relates, or at the rate of £5,000 per annum per individual farm business, whichever is the lower; and
for the whole years or remaining whole years of such 5 year conservation plan, up to a maximum rate calculated by multiplying £6,000 by the number of those whole years or remaining whole years.
.
4
In paragraph 10 of the Schedule to the principal Order (requirements to be included in an agreement) for the word “Scheme” there shall be substituted the word “agreement”.
Lindsay
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
18th July 1996
We consent,
Liam Fox
Simon Burns
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd July 1996


text:
1
This Order may be cited as the Double Taxation Relief (Taxes on Estates of Deceased Persons and Inheritances and on Gifts) (Netherlands) Order 1996.
2
It is hereby declared —
a
that the arrangements specified in the Protocol set out in the Schedule to this Order, which vary the arrangements set out in the Schedule to the Double Taxation Relief (Taxes on Estates of Deceased Persons and Inheritances and on Gifts) (Netherlands) Order 1980 , have been made with the Government of the Kingdom of the Netherlands, with a view to affording relief from double taxation in relation to capital transfer tax or inheritance tax and taxes of a similar character imposed by the laws of the Kingdom of the Netherlands; and
b
that it is expedient that those arrangements should have effect.
N. H. Nicholls
Clerk of the Privy Council