text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Environmental Protection (Prescribed Processes and Substances Etc.) (Amendment) (Petrol Vapour Recovery) Regulations 1996 and shall come into force on 1st December 1996.
2
In these Regulations —
“ the Act ” means the Environmental Protection Act 1990;
“ the Directive ” means European Parliament and Council Directive 94/63/ EC on the control of volatile organic compound ( VOC ) emissions resulting from the storage of petrol and its distribution from terminals to service stations ;
“the principal Regulations ” means the Environmental Protection (Prescribed Processes and Substances) Regulations 1991 , and references to a Section are references to a Section in Schedule 1 to those Regulations.
Amendment of the Environmental Protection (Applications, Appeals and Registers) Regulations 1991
2
In the Environmental Protection (Applications, Appeals and Registers) Regulations 1991 —
a
in paragraph (1) of regulation 4 (consultation), after the words “Subject to regulations 6 and 7(2) below,” there shall be inserted the words “and except in the case of a prescribed process to which regulation 6A below applies,”;
b
after paragraph (1) of regulation 4 there shall be inserted the following paragraph —
1A
The petroleum licensing authority in whose area the process will be carried on (if it is not the enforcing authority) is hereby prescribed as a person to be consulted under paragraph 2(1), 6(2) or 7(2) of Schedule 1 to the 1990 Act in the case of a prescribed process to which regulation 6A below applies, except where the enforcing authority has, within the period specified in paragraph (2) below, notified that authority that the application has been made or, as the case may be, that notification has been given pursuant to section 10(5) of the 1990 Act.
;
c
at the end of regulation 4 there shall be added the following paragraph —
8
In paragraph (1A) above “petroleum licensing authority” means a local authority empowered to grant petroleum spirit licences under the Petroleum (Consolidation) Act 1928 .
;
d
in paragraph (1) of regulation 5 (advertisements), for the words “regulation 6” there shall be substituted the words “regulations 6 and 6A”;
e
after regulation 6 there shall be inserted the following regulation —
Exemption for service stations
6A
1
This regulation applies to a prescribed process falling within paragraph (b) of Part B of Section 1.4 of Schedule 1 to the Environmental Protection (Prescribed Processes and Substances) Regulations 1991.
2
The following requirements shall not apply in relation to a process to which this regulation applies —
a
the requirement in paragraph 1(2) of Schedule 1 to the 1990 Act to advertise an application for an authorisation;
b
the requirement in paragraph 6(2) of that Schedule to advertise the action to be taken by the holder of an authorisation in consequence of a variation;
c
the requirement in paragraph 7(2) of that Schedule to advertise an application for a variation of an authorisation.
.
Amendment of the principal Regulations
3
In Schedule 1 to the principal Regulations (descriptions of processes), for Part B of Section 1.4 (petroleum processes) there shall be substituted the following —
PART B
The following processes unless falling within a description in Part A of this Section —
a
the storage of petrol in stationary storage tanks at a terminal, or the loading or unloading of petrol into or from road tankers, rail tankers or inland waterway vessels at a terminal;
b
the unloading of petrol into stationary storage tanks at a service station, other than an exempt service station, if the total quantity of petrol unloaded into such tanks at the service station in any 12 month period is likely to be equal to or greater than 100m 3 .
Paragraph 2(1) of Schedule 2 shall not apply to a process described in paragraph (b) of this Part of this Section.
In this Part of this Section —
“inland waterway vessel” means a vessel, other than a sea-going vessel, having a total dead weight of 15 tonnes or more;
“petrol” means any petroleum derivative, with or without additives, having a reid vapour pressure of 27.6 kilopascals or more which is intended for use as a fuel for motor vehicles, other than liquefied petroleum gas;
“service station” means any premises where petrol is dispensed to motor vehicle fuel tanks from stationary storage tanks;
“exempt service station” means a service station —
which was not in operation, and for the construction of which planning permission was not granted, before 31st December 1995;
at which the total quantity of petrol unloaded into stationary storage tanks does not exceed 500m 3 in any 12 month period; and
which —
is situated in one of the following local government areas established by section 1 of the Local Government etc. (Scotland) Act 1994 —
Argyll and Bute;
Moray;
Orkney Islands;
Shetland Islands;
Western Isles; or
is situated in the local government area of Aberdeenshire established by that section and outside the Aberdeen area the boundary of which is shown as “The derogated boundary: Aberdeen area” on the maps contained in the volume of maps entitled “Volume of maps indicating the extent of derogated areas for new small petrol stations under the Environmental Protection (Prescribed Processes and Substances Etc) (Amendment) (Petrol Vapour Recovery) Regulations 1996” (“the Maps”); or
is situated in the local government area of Highland established by that section and outside the Inverness area the boundary of which is shown on the Maps as “The derogated boundary: Inverness area”; or
is situated in the local government area of Angus, Perth and Kinross or Stirling established by that section and to the north of the line shown on the Maps as “The derogated boundary: Central Scotland”;
“terminal” means any premises which are used for the storage and loading of petrol into road tankers, rail tankers or inland waterway vessels;
and other expressions which are also used in European Parliament and Council Directive 94/63/EC on the control of volatile organic compound (VOC) emissions resulting from the storage of petrol and its distribution from terminals to service stations have the same meaning as in that Directive.
.
Date from which authorisation is required under section 6 of the Act
4
The Schedule to these Regulations shall have effect.
John Gummet
Secretary of State for the Environment
16th October 1996
William Hague
Secretary of State for Wales
17th October 1996
Lindsay
Parliamentary Under Secretary of State,
Scottish Office
21st October 1996


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Private International Law (Miscellaneous Provisions) Act 1995 (Commencement) Order 1996.
2
Part III of the Private International Law (Miscellaneous Provisions) Act 1995 shall come into force on 1st May 1996.
Mackay of Clashfern, C.
Mackay of Drumadoon
Dated 27th March 1996


text:
1
This Order may be cited as the Railtrack Group PLC (Target Investment Limit) Order 1996 and shall come into force on 4th November 1996.
2
The target investment limit for the Government shareholding in Railtrack Group PLC shall be 1.25 per cent. of the voting rights which are exercisable in all circumstances at general meetings of the company.
George Young
Secretary of State for Transport
2nd October 1996
We consent,
Roger Knapman
Bowen Wells
Two of the Lords Commissioners of Her Majesty’s Treasury
8th October 1996


text:
Citation and commencement
1
These Regulations may be cited as the Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) (Amendment) Regulations 1996 and shall come into force on 31st August 1996.
Removal of time limit for exemption for field silage methods in use in the 3 years immediately before 1st March 1991
2
Regulation 7(2)(b) of the Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) Regulations 1991 (time limit for the exemption for field silage methods in use in the 3 years immediately before 1st March 1991) is hereby revoked.
Signed by authority of the Secretary of State
Robert Jones
Minister of State,
Department of the Environment
3rd August 1996


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Charges for Drugs and Appliances) Amendment Regulations 1996 and shall come into force on 1st April 1996.
2
In these Regulations, “the principal Regulations ” means the National Health Service (Charges for Drugs and Appliances) Regulations 1989 .
Nurse prescribing
2
In regulation 2(1A) of the principal Regulations (which describes nurse prescribers who may issue prescription forms), in each of sub-paragraphs (a)(iii) and (b)(ii), for the words from “a fund-holding practice” to “effect” substitute “a doctor whose name is included in a medical list”.
Amendment of amounts specified in the principal Regulations
3
For each amount specified in column (3) of the Schedule to these Regulations, where it appears in the provision of the principal Regulations specified in relation to it in column (1) (the subject matter of which is indicated in column (2)), there shall be substituted the amount specified in relation to it in column (4).
Transitional provisions
4
Where, on or after 1st April 1996 —
a
any appliance specified in Schedule 1 to the principal Regulations is supplied pursuant to an order given before that date; or
b
any pre-payment certificate is granted under regulation 8 of the principal Regulations pursuant to an application under that regulation which was received before that date,
the principal Regulations shall have effect in relation to that supply or, as the case may be, that grant as if regulation 3 of these Regulations had not come into force.
Signed by authority of the Secretary of State for Health.
Gerald Malone
Minister of State,
Department of Health
5th March 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Local Authorities (Contracting Out of Allocation of Housing and Homelessness Functions) Order 1996.
2
This article and article 3 of this Order shall come into force on 20th January 1997 and article 2 of this Order shall come into force on 1st April 1997.
3
In this Order —
“ the Act ” means the Housing Act 1996 ;
“an authority” means a local housing authority as defined in the Housing Act 1985 .
4
Any expressions used in this Order which are also used in the Act have the same meaning as they have in the Act.
Contracting out of allocation of housing functions
2
Any function of an authority which is conferred by or under Part VI of the Act (allocation of housing accommodation), except one which is listed in Schedule 1 to this Order, may be exercised by, or by employees of, such person (if any) as may be authorised in that behalf by the authority whose function it is.
Contracting out of homelessness functions
3
Any function of an authority which is conferred by or under Part VII of the Act (homelessness), except one which is listed in Schedule 2 to this Order, may be exercised by, or by employees of, such person (if any) as may be authorised in that behalf by the authority whose function it is.
Signed by authority of the Secretary of State for the Environment
James Clappison
Parliamentary Under Secretary of State,
Department of the Environment
18th December 1996
Signed by authority of the Secretary of State for Wales
Jonathon Evans
Parliamentary Under Secretary of State,
Welsh Office
20th December 1996


text:
1
This Order may be cited as the Aerodromes (Designation) (Facilities for Consultation) Order 1996 and shall come into force on 1st July 1996.
2
The aerodromes specified in the Schedule hereto are hereby designated for the purposes of section 35 of the Civil Aviation Act 1982.
3
The Aerodromes (Designation) (Facilities for Consultation) Order 1986 and the Aerodromes (Designation) (Facilities for Consultation) Order 1989 are hereby revoked.
Signed by authority of the Secretary of State for Transport
Goschen
Parliamentary Under Secretary of State,
Department of Transport
28th May 1996


text:
Citation and commencement
1
These Regulations may be cited as the Vocational Training (Tax Relief) (Amendment) Regulations 1996 and shall come into force on 6th May 1996.
Interpretation
2
In these Regulations “the principal Regulations ” means the Vocational Training (Tax Relief) Regulations 1992 , and “regulation” means a regulation of those Regulations.
Amendments to the principal Regulations
3
1
Regulation 3 shall be amended as follows.
2
For paragraph (2) there shall be substituted the following paragraph —
2
Relief shall be given at source in any case where the training provider is resident in the United Kingdom, but subject —
a
in a case where the qualifying course of vocational training is such a course by virtue either of paragraph (a) of subsection (10) of section 32 , or of both paragraphs (a) and (b) of subsection (10) of section 32, to the conditions specified in paragraph (3); and
b
in a case where the qualifying course of vocational training is such a course by virtue only of paragraph (b) of subsection (10) of section 32, to the conditions specified in paragraph (4).
3
After paragraph (3) there shall be inserted the following paragraph —
4
The conditions specified in this paragraph are that the individual making the training payment —
a
has given a notice of entitlement to relief at source to the training provider, providing the information and certificate specified in paragraphs (2) and (3) of regulation 4A, and
b
is resident in the United Kingdom at the time of making the training payment or is at that time performing duties which are treated by virtue of section 132(4)(a) of the Taxes Act as performed in the United Kingdom.
4
After regulation 4 there shall be inserted the following regulation —
Alternative notice of entitlement to relief at source
4A
1
A notice of entitlement to relief at source shall be given by the individual making the training payment, and shall provide the information specified in paragraph (2) and the certificate specified in paragraph (3).
2
The information specified in this paragraph is —
a
the surname, first name, initials and title of the individual making the training payment,
b
his address including postcode,
c
whether he presently pays income tax,
d
if he has one, his national insurance number,
e
the name of the training provider,
f
the title of the qualifying course of vocational training being undertaken by the individual making the training payment,
g
the date the training payment was made,
h
the amount of that training payment, and
i
the amount deducted and retained out of that training payment by the individual in accordance with subsection (4) of section 32.
3
The certificate specified in this paragraph is a certificate by the individual who has made the training payment that —
a
to the best of his knowledge and belief all information provided in the notice is true,
b
he was resident in the United Kingdom at the time of making the training payment, or was at that time performing duties which were treated by virtue of section 132(4)(a) of the Taxes Act as performed in the United Kingdom,
c
the training payment was made in connection with his own training,
d
at the time the training payment was made, he had attained the age of thirty,
e
he has undertaken, or is undertaking, the course neither wholly nor mainly for recreational purposes or as a leisure activity,
f
at the time the training payment was made, he had not received in relation to the course, and was not entitled to receive in relation to it, any public financial assistance of a description specified in the Treasury Regulations,
g
he has not received and, to the best of his knowledge and belief, is not entitled to claim, any other relief or deduction in respect of the training payment under any other provision of the Income Tax Acts, and
h
he has deducted and retained out of the training payment an amount equal to income tax on it at the basic rate for the year in which it was made.
4
The certificate specified in paragraph (3) shall be signed and dated by the individual making the training payment.
5
In regulation 13 for the words “this regulation”(in both places where they occur) there shall be substituted the words “these Regulations”.
S C T Matheson
C W Corlett
Two of the Commissioners of Inland Revenue
29th April 1996


text:
Citation and commencement
1
This Order may be cited as the Mid Essex Community and Mental Health National Health Service Trust (Establishment) Amendment Order 1996 and shall come into force on 1996.
Amendment of NHS trust Establishment Order
2
In Article 4 of the Mid Essex Community and Mental Health National Health Service Trust (Establishment) Order 1993 for “4 non-executive” there shall be substituted “5 non-executive” and for “4 executive” there shall be substituted “5 executive”.
Signed by authority of the Secretary of State for Health.
John Horam
Parliamentary Under Secretary of State,
Department of Health
2nd December 1996


text:
1
This Order may be cited as the Finance Act 1994, sections 244 and 245, (Commencement) Order 1996.
2
Sections 244 and 245 of the Finance Act 1994 shall come into force on 4th November 1996.
Bowen Wells
Richard Ottaway
Two of the Lords Commissioners of Her Majesty’s Treasury
9th September 1996


text:
Citation and commencement
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (Merton London Borough Council) Order 1996 and shall come into force on 27th November 1996.
Exemption of cleaning
2
Cleaning by the council of the London borough of Merton shall not be treated as a defined activity so long as it —
a
consists of the cleaning (other than by the emptying of gullies) of any street in their area; and
b
is carried out before 16th July 1997.
Signed by authority of the Secretary of State
Paul Beresford
Parliamentary Under-Secretary of State,
Department of the Environment
28th October 1996


text:
1
This Order may be cited as the Merchant Shipping (Gibraltar colours) Order 1996 and shall come into force on 19th March 1996.
2
1
The adoption for the purpose of section 2(3)(b) of the Merchant Shipping Act 1995 as proper colours for ships registered in Gibraltar of the red ensign defaced with the arms of Gibraltar as specified in paragraph (2) below is hereby authorised.
2
The positioning and proportions of the defacement shall be in accordance with the illustration in the Schedule hereto.
N. H. Nicholls
Clerk of the Privy Council


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


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Sea Fishing (Enforcement of Community Control Measures) (Amendment) Order 1996 and shall come into force on 5th January 1996.
2
In this Order “the principal Order ” means the Sea Fishing (Enforcement of Community Control Measures) Order 1994 .
Amendment of the principal Order
2
The principal Order shall be amended in accordance with articles 3 to 11 of this Order and any reference in those provisions to any specified provision shall, unless the context requires otherwise, be taken to be a reference to the provision so specified of the principal Order.
3
In article 2(1) —
a
for the definition of “Regulation 2807/83” there shall be substituted the following definition —
“Regulation 2807/83” means Commission Regulation ( EEC ) No. 2807/83 laying down detailed rules for recording information on member States' catches of fish as amended by Commission Regulation (EEC) No. 473/89 and Commission Regulation ( EC ) No. 2945/95
;
b
for the definition of “Regulation 2241/87” there shall be substituted the following definition —
“Regulation 2241/87” means Council Regulation (EEC) No. 2241/87 establishing certain control measures for fishing activities as amended by Council Regulation (EEC) No. 3483/88
;
c
for the definition of “Regulation 2847/93” there shall be substituted the following definition —
“Regulation 2847/93” means Council Regulation (EEC) No. 2847/93 establishing a control system applicable to the common fisheries policy as amended by Council Regulation (EC) No. 2870/95
.
4
In article 3 —
a
in paragraph (1) —
i
the words “as read with any qualifying words relating thereto in the Schedule” shall be omitted;
ii
in paragraphs (i), (ii) and (iii), for the words “or the charterer” (wherever they occur) there shall be substituted the words “and the charterer”;
iii
in paragraph (ii), for the words “article 3.1, 3.2 or 3.3 of Regulation 1382/87” there shall be substituted the words “article 3.1 of, article 3.2 of and Annex II to, or article 3.3 of, Regulation 1382/87”;
iv
in paragraph (iii) —
aa
for the words “article 6, 7, 10.1, 11, 12, 17.2, 20.1 or 21.3” there shall be substituted the words “article 6, 7, 10.1 11, 12, 17.2, 19a.2, 19e.1, 19e.2, 19e.3, 20.1, 20.2, 20a, 21.3 or 21c.2”;
bb
for the words “article 8.1” there shall be substituted the words “article 8.1 or articles 19b and 19c”;
b
in paragraph (2) —
i
for the words “set out” there shall be substituted the word “specified”;
ii
in sub-paragraph (a), for the words “or the charterer” there shall be substituted the words“and the charterer”;
iii
in sub-paragraphs (b) and (c), for the words “in the case of the provision of” (wherever they occur) there shall be substituted the words “in relation to the requirement to provide”;
c
in paragraph (3), for the words “articles 6 to 13, 17.2 or 21” there shall be substituted the words “articles 6, 7, 8.1, 9, 10.1, 11, 12, 13 or 17.2, articles 19b and 19c or article 19e or 20.2”;
d
at the end of the article there shall be inserted the following paragraph —
4
Where there is in respect of any fishing boat a contravention of, or failure to comply with, articles 19b and 19c of Regulation 2847/93 in so far as it concerns entry into British fishery limits, the master and his representative, the owner and the charterer (if any) shall each be guilty of an offence.
.
5
In article 4 —
a
in paragraph (1), for the words “article 3(1) or (2)” there shall be substituted the words“article 3(1), (2) or (4)”;
b
in paragraph (2) —
i
for the words “article 3(1) or (2)” there shall be substituted the words “article 3(1), (2) or (4)”;
ii
in sub-paragraph (a), for the words “articles 20.1 or 21” there shall be substituted the words“article 19a.2, 20.1, 20a, 21.3 or 21c.2”;
iii
in sub-paragraph (b), for the words “article 6, 8.1 or 9 to 13 or 17.2” there shall be substituted the words “article 6, 8.1, 9, 10.1, 11, 12, 13 or 17.2, articles 19b and 19c or article 19e or 20.2”.
6
In article 5 —
a
in paragraphs (1) and (2), for the words “on the master and the owner or the charterer (if any), any other person responsible for the vessel and any other person, who is convicted” (in each place that they occur) there shall be substituted the words “on the master, owner, charterer, person responsible for the vessel or any other person who is convicted”;
b
in paragraphs (1)(b) and (2)(b), for the words “if the boat is a foreign fishing boat, order it” (in each place that they occur) there shall be substituted the words “order the boat”.
7
In article 6(4), the words “within British fishery limits” shall be omitted.
8
In article 8 —
a
in paragraph (a) —
i
after the word “fish” there shall be inserted the words “(including any receptacle which contains the fish)”;
ii
for the words “article 6, 8.1, 9 to 13, 17.2 or 21” there shall be substituted the words “article 6, 8.1, 9, 10.1, 11, 12, 13, 17.2 or 19a.2, articles 19b and 19c or article 19e, 20.2, 21.3 or 21c.2”;
b
in paragraph (b), for the words “article 20.1” there shall be substituted the words “article 20.1 or 20a”;
c
in paragraph (c) —
i
in sub-paragraph (i), for the words “article 20.1” there shall be substituted the words“article 20.1 or 20a”;
ii
in sub-paragraph (ii), for the words “article 21” there shall be substituted the words “article 19a.2, 21.3 or 21c.2”.
9
In article 10(c) the word “intentionally” shall be omitted.
10
In article 12, before the words “and any document drawn up under article 9” there shall be inserted the words “, any effort report completed under articles 19b and 19c of Regulation 2847/93”.
11
In the Schedule —
a
items 5(k) and (l) shall be omitted;
b
after item 5(j) there shall be inserted, in the appropriate columns, the Community provisions, subject matters and maximum fines on summary conviction which are specified in the Schedule to this Order.
Tim Boswell
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
3rd January 1996
James Douglas-Hamilton
Minister of State, Scottish Office
28th December 1995
Signed by authority of the Secretary of State for Wales
Rod Richards
Parliamentary Under Secretary of State, Welsh Office
2nd January 1996
Patrick Mayhew
Secretary of State for Northern Ireland
3rd January 1996


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Tax-exempt Special Savings Account (Amendment) Regulations 1996 and shall come into force on 6th April 1996.
2
Regulation 3 has effect as respects transfers of accounts on or after 6th April 1996.
Interpretation
2
In regulations 3 and 4 “the principal Regulations ” means the Tax-exempt Special Savings Account Regulations 1990 and “regulation” means a regulation of those Regulations.
Amendments to the principal Regulations
3
In regulation 7 —
a
in paragraph (4)(a) for the words “basic rate when it was paid or credited” there shall be substituted the words “applicable rate”;
b
after paragraph (4) there shall be inserted —
4A
In paragraph (4)(a) “the applicable rate” means —
a
in the case of an amount of interest, dividend or bonus paid or credited before 6th April 1996, the basic rate for the year of assessment in which the amount was paid or credited; and
b
in any other case, the lower rate for the year of assessment in which it was paid or credited.
4
In regulation 11 before paragraph (f) there shall be inserted the word “; or”.
A. M. W. Battishill
S. C. T. Matheson
Two of the Commissioners of Inland Revenue
19th March 1996


text:
Citation and commencement
1
1
This Order may be cited as the Yarmouth (Isle of Wight) Harbour Revision Order 1996 and shall come into force on 14th October 1996.
2
The Yarmouth (Isle of Wight) Harbours Orders 1931 to 1989 and this Order may be cited as the Yarmouth (Isle of Wight) Harbour Orders 1931 to 1996.
Interpretation
2
In this Order: —
“ the Commissioners ” means the Yarmouth (Isle of Wight) Harbour Commissioners;
“the Order of 1931 ” means the Yarmouth (Isle of Wight) Pier and Harbour Order 1931 ;
“the Order of 1971 ” means the Yarmouth (Isle of Wight) Harbour Revision Order 1971 ;
“ the signed plan ” means the plan prepared in triplicate signed by the Head of Ports Division, Department of Transport and marked “Plan referred to in the Yarmouth (Isle of Wight) Harbour Revision Order 1996”, two copies of which have been deposited at that Department and one copy of which has been deposited at the offices of the Harbour Master and Clerk to the Commissioners, The Yarmouth (Isle of Wight) Harbour Commissioners, The Quay, Yarmouth, Isle of Wight, PO41 0NT.
Extension of limits of harbour
3
1
The limits within which the Commissioners shall have authority shall be extended to include, in addition to the limits described in section 14 (Limits of Order) of the Order of 1931 and article 4 (Extension of limits of harbour) of the Order of 1971, the area of the Solent below high-water mark of ordinary spring tides and adjoining the limits so described bounded by three straight lines drawn from a point at 50° 42.48'N, 01° 29.82'W thence to a point at 50° 42.86'N, 01° 29.88'W thence to a point at 50° 42.57'N, 01°31.00'W and thence to a point at 50° 42.38'N, 01° 31.00'W.
2
The area of the Solent described in paragraph (1) above is, for the purpose of identification only, shown hatched black on the signed plan.
3
References to the harbour in the Order of 1931 and the Order of 1971 shall be construed as including the area of the Solent described in paragraph (1) above.
Crown rights
4
1
Nothing in this Order shall affect prejudicially any estate, right, power, privilege, authority or exemption of the Crown and in particular and without prejudice to the generality of the foregoing, nothing in this Order shall authorise any person to take, use, enter upon or in any manner interfere with, any land or hereditaments (including any part of the shore or bed of the sea or of any river, channel, creek, bay or estuary) or any rights of whatsoever description —
a
belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners without the consent in writing of those Commissioners; or
b
belonging to a government department, or held in trust for Her Majesty for the purpose of a government department, without the consent in writing of that department.
2
A consent under paragraph (1) above may be given unconditionally or subject to such conditions and upon such terms as shall be considered necessary or appropriate.
Signed by authority of the Secretary of State for Transport
J D Henes
Head of Ports Division
Department of Transport
26th September 1996


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Merchant Shipping (Delegation of Type Approval) Regulations 1996 and shall come into force on 1st March 1996.
2
In these Regulations:
i
“the Act” means the Merchant Shipping Act 1995;
ii
“Merchant Shipping Notice” means a Notice described as such, issued by the Marine Safety Agency of the Department of Transport; and
iii
reference to Merchant Shipping Notice M 1645 includes reference to any Merchant Shipping Notice amending or replacing that Notice which is considered by the Secretary of State to be relevant from time to time.
Delegation of type approval
2
1
a
Notwithstanding any provision (howsoever worded) in any regulations:
i
having effect as if made under section 85(1)(a) or (b) of the Act; or
ii
made under the Merchant Shipping (Prevention of Oil Pollution) Order 1983,
requiring the type approval of equipment or arrangements required by any such regulations by the Secretary of State, any of the equipment or arrangements may be of a type approved by any of the persons specified in Merchant Shipping Notice M1645 in relation to that equipment or arrangement.
b
Any such equipment or arrangement which is of a type approved by any of such persons shall be considered to be approved for the purposes of a provision mentioned in sub-paragraph (a)(i) or (ii) above.
2
Any approval given pursuant to this regulation shall be given in writing and shall specify the date when it is to come into force and the conditions, if any, on which it is given.
Signed by authority of the Secretary of State for Transport
Goschen
Parliamentary Under Secretary of State,
Department of Transport
29th January 1996


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Functions of Health Authorities) (Complaints) Regulation 1996 and shall come into force on 1st April 1996.
2
In these regulations —
“ the Act ” means the National Health Service Act 1977;
“directions” means directions given by the Secretary of State under section 17 of the Act;
“family health service practitioner” means a person who provides any of the services to be provided under Part II of the Act, that is to say, general medical services, general dental services, general ophthalmic services or pharmaceutical services;
Prescribed function of Health Authorities
2
For the purposes of section 15(1)(b) of the Act, it shall be a prescribed function of each Health Authority to establish and operate in accordance with directions procedures for dealing with complaints about family health service practitioners.
Signed by authority of the Secretary of State for Health,
John Horam
Parliamentary Under Secretary of State,
Department of Health
8th March 1996


text:
1
These Regulations may be cited as the Double Taxation Relief (Manufactured Overseas Dividends) (Amendment) Regulations 1996 and shall come into force on 6th November 1996.
2
In regulation 2 of the Double Taxation Relief (Taxes on Income) (General) (Manufactured Overseas Dividends) Regulations 1993 for the definition of “manufactured overseas dividend” there shall be substituted the following definition —
“manufactured overseas dividend” means any payment of the description contained in paragraph 4(1) of Schedule 23A to the Taxes Act other than a payment to which regulation 2B of the Income Tax (Manufactured Overseas Dividends) Regulations 1993 (tax treatment of manufactured overseas dividends paid in connection with loan relationships) applies;
S C T Matheson
G H Bush
Two of the Commissioners of Inland Revenue
17th October 1996


text:
1
These Regulations may be cited as the Community Drivers’ Hours (Passenger and Goods Vehicles) (Temporary Exception) Regulations 1996 and shall come into force on 9th February 1996.
2
Pursuant to Article 13(2) of Council Regulation ( EEC ) No. 3820/85 of 20th December 1985 on the harmonisation of certain social legislation relating to road transport until 18th February 1996 any time spent driving to meet exceptional circumstances occasioned by severe weather conditions in Great Britain or the effects or consequences of such exceptional circumstances shall not be taken into account for the purposes of the application of Articles 6, 8 or 9 of that Regulation.
Steven Norris
Parliamentary Under Secretary of State for Transport,
Department of Transport
8th February 1996


text:
1
This Order may be cited as the A501 Trunk Road (Grays Inn Road, Camden) (Temporary Prohibition of Traffic) Order 1996 and shall come into force on the 8th April 1996.
2
This Order is made because the Traffic Director for London is satisfied that traffic in Grays Inn Road, Camden should be restricted because works are being or are proposed to be executed on or near that road.
3
During the period starting at 08.00 hours on 8th April 1996 and ending when those works have been completed or at 08.00 hours on 8th July 1996, whichever is the earlier, subject to the provisions of article 4 below, no person shall cause or permit any vehicle to enter or exit Grays Inn Road from Britannia Street.
4
1
The provisions of article 3 above shall apply only during such times and to such extent as may from time to time be indicated by traffic signs.
2
The provisions specified in article 3 above shall not apply in respect of —
i
any vehicle being used for the purpose of those works, or for fire brigade, ambulance or police purpose, or
ii
anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
5
During the period specified in article 3 above, the provisions of the Camden (Waiting and Loading Restriction) (Special Parking Area) Order 1993 are hereby suspended so far as they relate to any roads or lengths of road specified in this Order.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
4 April 1996


text:
1
These Regulations may be cited as the Retirement Benefits Schemes (Restriction on Discretion to Approve) (Excepted Schemes) Regulations 1996 and shall come into force on 10th July 1996.
2
In regulation 3 “the Board” means the Commissioners of Inland Revenue.
3
The description of provision specified for the purposes of section 591A(2) of the Income and Corporation Taxes Act 1988 is any provision specified in the Retirement Benefits Schemes (Restriction on Discretion to Approve) (Additional Voluntary Contributions) Regulations 1993 that must be contained in a retirement benefits scheme before the Board may approve the scheme by virtue of section 591 of that Act .
S C T Matheson
C W Corlett
Two of the Commissioners of Inland Revenue
18th June 1996


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Local Government Pension Scheme (Amendment) Regulations 1996 and shall come into force on 28th June 1996 but the regulations specified in column 1 of the Schedule to these Regulations shall have effect from the date specified in column 2 of that Schedule.
2
In these Regulations “the principal Regulations ” means the Local Government Pension Scheme Regulations 1995 .
Applications for membership
2
Regulation B10(2) of the principal Regulations is amended by substituting for the reference “paragraph (3)” the reference “paragraphs (3) and (4)”.
Meaning of “remuneration”
3
Regulation C2 of the principal Regulations is amended —
a
by deleting sub-paragraph (b) of paragraph (1); and
b
by adding after sub-paragraph (g) in paragraph (2) the following —
h
any compensation payable to an employee under the Local Government Reorganisation (Compensation for Loss of Remuneration) Regulations 1995 .
.
Maximum length of additional periods to be purchased under regulation C9
4
Regulation C10(5) of the principal Regulations is amended by deleting sub-paragraph (iii).
Refund of return of member’s contributions
5
Part C of the principal Regulations is amended by inserting after regulation C21 the following —
Restoration of right to count service in transitional cases where there has been a return of contributions
C21A
1
This regulation applies where —
a
a member who ceased to be employed in a local government employment (“the previous employment”) on or after 1st April 1974 and before 1st January 1980 subsequently becomes employed in another local government employment;
b
on the cessation of the previous employment his total period of membership (or, if he was subject to a local Act scheme, the service which would have been taken into account in determining whether or not he was entitled to benefits) amounted to less than 5 years; and
c
a return of contributions was made in relation to the previous employment by the administering authority of the pension fund to which he was a contributor (“the previous fund authority”).
2
Where this regulation applies then, notwithstanding paragraph 4 of Schedule B6, the member shall be entitled to count as a period of membership any period in respect of which the return of contributions referred to in paragraph (1)(c) has been received if the member makes payment as required by paragraph (3).
3
The member must pay by not later than the relevant date to the previous fund authority for the credit of their pension fund —
a
a sum equal to the contributions returned to him net of any tax deducted under regulation C21(7) (but together with any increase under regulation K17 and any interest he was paid); and
b
compound interest on that sum calculated in accordance with regulation K21(8) for the period beginning with the date on which he received the return of contributions and ending on the date of the payment of that sum.
4
The relevant date is the expiry of 6 months after his return to local government employment.
5
The previous fund authority may in any particular case extend the period mentioned in paragraph (4).
.
References to members leaving employment to include optants-out
6
Regulation D4 of the principal Regulations is amended by deleting the words “ceasing to hold that employment”.
Further entitlement to deferred pension benefits
7
Part D of the principal Regulations is amended by inserting after regulation D11 the following —
D11A
Where a member —
a
transfers from an employment to another employment with the same employing authority at a reduced remuneration, or
b
transfers from employment with an employing authority to employment with a different employing authority
by reason of or in consequence of —
i
an order made under section 17 of the Local Government Act 1992, (a) or
ii
any provision made by or under the Local Government (Wales) Act 1994 ,
he shall be treated for the purposes of regulation D11 as having ceased to hold a local government employment.
.
Reduction of pensions payable early by virtue of elections etc
8
Regulation D13(1) of the principal Regulations is amended by deleting the words “and the member’s or former member’s pension advancement period is at least one year”.
Death grant: members in service
9
Regulation E1 of the principal Regulations is amended by substituting for paragraph (2) the following —
2
Where paragraph (1) applies the amount of the death grant is the greater of —
a
twice the deceased’s pensionable remuneration; or
b
three eightieths of his pensionable remuneration multiplied by the length in years of his period of membership
less, in a case where a surviving spouse’s long-term pension is payable under Part F, the appropriate amount to be calculated under regulation E5.
.
Death grant
10
Regulations E1(1), E2(1), E3(1) and E4(1) of the principal Regulations are amended by substituting for the words “his personal representatives are entitled to receive a lump sum death grant” the words “there shall be paid a lump sum death grant in accordance with regulation E8.”
Nomination of beneficiary of death grant
11
Part E of the principal Regulations is amended by adding the following after regulation E7 —
Nomination of beneficiary of death grant
E8
1
A lump sum death grant payable under regulation E1(1), E2(1), E3(1) or E4(1) may be paid —
a
to or for the benefit of the member’s nominated beneficiary or beneficiaries; or
b
in the absence of a valid nomination or, pursuant to paragraph (3), in a case in which a nomination is treated as not being in force, to the member’s personal representatives.
2
If the lump sum death grant has not been paid by the expiry of the period of two years following the death of the member, it shall be paid to his personal representatives.
3
A nomination shall be treated by the administering authority as not being in force at the time of the member’s death if —
a
the nominated beneficiary has died;
b
the nominated beneficiary was the member’s spouse at the time the nomination was made or subsequently but has subsequently ceased to be the member’s spouse; or
c
the administering authority are of the opinion that payment of the death benefit to the nominated beneficiary is not reasonably practicable in all the circumstances.
4
A nomination or a revocation of a nomination must be made by notice in writing from a member to his employing authority in such form as the administering authority may from time to time require.
5
A nomination may be revoked by a subsequent nomination which complies with the requirements referred to in paragraph (4).
6
For the purposes of this regulation —
a
“nominated beneficiary” means an individual or an unincorporated or incorporated body nominated by the member in any nomination made by him in respect of the lump sum death grant which was in force at the time of his death; and
b
“member” includes a former member who is a person referred to in regulation E2(1), E3(1) or E4(1).
.
Decision as to status of employees
12
Regulation J2(1)(b) of the principal Regulations is amended by adding after the words“part-time employee” the words “and whether his employment is of a casual nature”.
Requests for transfer payments: regulation K23 employees and employees of ineligible employers
13
Regulations K24 of the principal Regulations is amended —
a
in paragraph (1)(a)(i) by deleting the words “or is eligible to enter”;
b
in paragraph (1)(a)(ii) by substituting for the words “which has entered or is eligble to enter into” the words “who is a party to”; and
c
in paragraph (3)(b) by substituting for the words “three months” the words “twelve months or such longer period as is agreed by those persons”.
Application of regulation K24 in certain other cases
14
Part K of the principal Regulations is amended by the addition of the following after regulation K25 —
Application of regulation K24 in the case of the amalgamation of magistrates' court committees or probation committees
25A
Where, as a consequence of the amalgamation of magistrates' court committees or probation committees, a person who is an employee of the amalgamated committee is required to contribute to a different appropriate pension fund from the fund to which he contributed before the amalgamation, then regulation K24 applies (and regulations K20 to K22 do not apply) as if —
a
the person were a person within paragraph (1)(a) of that regulation,
b
the pension fund to which the amalgamated committee contributes were the transferee scheme,
c
the administering authority of that pension fund were the scheme managers, and
d
the date the amalgamation takes effect were the transfer date.
Actuary’s certificates
15
Regulation L11(1) of the principal Regulations is amended by inserting after the reference“L10(1)” the reference “or (4)”.
General definitions
16
Schedule A1 to the principal Regulations is amended by substituting for the definition of“Grant-maintained school” the following —
“Grant-maintained school” means
a grant-maintained school within the meaning given to that expression by section 22(1) of the Education Act 1993 ; and
a grant-maintained special school within the meaning given to that expression by sections 182(3) or 187(3)(b) of the Education Act 1993;
.
LGPS Employers
17
Schedule B1 to the principal Regulations is amended —
a
in Part I by adding at the end the item “a National Park authority established under Part III of the Environment Act 1995 ”; and
b
in paragraph 5 of Part II by adding after the words “voluntary school” the words “or an independent school (within the meaning of the Education Act 1944).” .
Further provision concerning meaning of “remuneration”
18
Paragraph 7 of Schedule C2 to the principal Regulations is amended —
a
by inserting after the words “of such a vehicle” the words “or a payment accepted by him at any time after 31st December 1992 in lieu of such provision” and after the words in sub-paragraph (b) “a motor vehicle” the words “or a payment accepted by him at any time in lieu of such provision”;
b
by adding the following as new sub-paragraphs —
2
Where —
a
a member’s contribution under regulation C2 or C3 of the 1986 regulations was based on remuneration which, for the purposes of the 1986 regulations, included a payment accepted by him in lieu of the provision of a motor vehicle, or
b
arrangements were being made before the commencement date of these regulations to make a payment to a member in lieu of the provision of a motor vehicle in circumstances where such payment would have been included in the member’s remuneration for the purposes of the 1986 regulations and such arrangements were effected before 1st July 1995,
then such payment shall continue to be included in the member’s remuneration for the purposes of these regulations until the earlier of —
i
the date on which he ceases to be employed by the employing authority who were employing him on the commencement date; or
ii
the date on which the payment is no longer provided for him.
3
Where a member’s cessation of employment is by reason of a transfer to employment with a different employing authority and the transfer is caused by circumstances beyond the member’s control, sub-paragraphs (1)(a) and (2)(i) shall not apply and, for the purposes of this paragraph, the member shall be deemed to continue in the employment of the employing authority who were employing him before the transfer.
4
Where a member to whom paragraph (1) applies ceased to be employed before the commencement date by the employing authority who were employing him on 31st December 1992 and the cessation of employment was by reason of a transfer caused by circumstances beyond the member’s control, then he shall be treated as having left his employment after the commencement date for the purpose of the application of paragraph (3).
.
Appropriate percentages: calculation of additional payments
19
Schedule C3 to the principal Regulations is amended —
a
in Table B in the column headed “61 and under 62” by substituting for the number “21.15”the number “22.15”;
b
in Table C in the column headed “62 and under 63” by substituting for the number “22.32”the number “22.23”;
c
in Table H in the first column by substituting for the number “50” where it appears for the second time the number “59”; and
d
in Table H in the column headed “Over 62 and under 63” by substituting for the number“22.10” where it appears for the second time the number “22.30”.
Additional voluntary contributions
20
Paragraph 16(1)(b)(ii) of Schedule C4 to the principal Regulations is amended by substituting for the reference “(ii) and (v)” the reference “(b) and (e)”.
Limitations on contributions
21
Paragraph 4 of Schedule C5 to the principal Regulations is amended by substituting for the words “calculated by the Government Actuary” to “Part II of Schedule C3” the following —
determined in such manner as may be approved by the Government Actuary having regard to such factors as he considers appropriate (and he may issue such Tables as he considers appropriate for the purposes of such determinations)
.
Further provision about pensionable remuneration
22
Paragraph 4(4) of Schedule D1 to the principal Regulations is amended —
a
in paragraph (c)(ii) by adding after the words “The Local Government (Wales) Act 1994”the words “or Part III of the Environment Act 1995 in relation to the establishment of a National Park authority for a National Park in Wales”; and
b
in paragraph II by substituting for the date “31st March 1997” the date “30th September 1997”.
Additional membership in cases of ill-health
23
Paragraph 4 of Schedule D3 to the principal Regulations is amended by substituting for the word “section” where it appears in sub-paragraphs (1)(b) and (3)(a) the word “regulation”.
Re-employed pensioners and combined benefits
24
Paragraph 10(1) of Schedule D5 to the principal Regulations is amended by substituting for the reference “sub-paragraph (1)” the reference “sub-paragraph (2)”.
Modification in special circumstances
25
Paragraph 9 of Schedule M2 to the principal Regulations is amended —
a
in sub-paragraphs (5), (12), (15) and (16) by substituting for the initials “PSCPS” where they appear the initials “ PCSPS ”; and
b
in sub-paragraph (11) by substituting for the word “pension” the words “standard retirement pension and standard retirement grant”.
Transitional and transitory provisions
26
Schedule M4 to the principal Regulations is amended by adding the following after paragraph 14 —
14A
The provisions of paragraph 4 of Schedule D3 to these regulations (additional membership in cases of ill-health for part-timers) shall not affect the rights of a member in respect of part-time service prior to the commencement date and accordingly, so far as is necessary to give effect to those rights, the additional membership period in respect of a member shall be determined as if regulation E3(12) of the 1986 regulations (additional period of reckonable service in cases of permanent ill-health etc) and the provisions of those regulations which relate to the determination of benefits by virtue of that regulation or are incidental to it had continued in effect i relation to part-time service prior to the commencement date.
.
National Park authorities in Wales
27
1
Prior to 1st April 1996, regulations L12 and L13 of the principal Regulations (employer’s contributions and employer’s further payments) shall not apply to a National Park authority in Wales established under Part III of the Environment Act 1995 and such an authority shall contribute to their appropriate pension fund, at such intervals as the adminstering authority of that fund shall determine, for each of their employees who is a member of the Scheme at the rate of 8 per cent. of his remuneration in the employment until and including 31st March 1996.
2
If all or any part of any sum due under this regulation remains unpaid at the end of the period of one month after it becomes due, the adminstering authority may require the National Park authority to pay interest, calculated and compounded as mentioned in regulation L12(4) of the principal Regulations.
The Local Government Pension Scheme (Local Government Reorganisation in Wales) Regulations 1995
28
Regulation 1(2) of the Local Government Pension Scheme (Local Government Reorganisation in Wales) Regulations 1995 is amended —
a
by substituting for paragraph (a) in the definition of “designated fund” the following —
a
a transferred member, the pension fund which is the appropriate pension fund for him after 31st March 1996 by virtue of regulation 3 or otherwise
; and
b
by substituting for the definition of “transferred member” the following —
“transferred member” means —
a person referred to in regulation 3(1) or (2);
a person employed by a previous fund authority who after 31st March 1996 by virtue of any provision made by or under the Local Government (Wales) Act 1994 is employed by a new principal council which is not —
the successor authority in relation to the previous fund authority which employed him, or
an employing authority which contributes to the pension fund maintained by that successor authority; or
a person employed by a fire authority in Wales or a police authority in Wales before 1st April 1996 who, as a consequence of the North Wales Fire Services (Combination Scheme) Order 1995 , the Mid and West Wales Fire Services (Combination Scheme) Order 1995 , the South Wales Fire Services (Combination Scheme) Order 1995 or the Police Areas (Wales) Order 1995 , as the case may be, is required to contribute after 31st March 1996 to an appropriate pension fund different from the fund to which he contributed before 31st March 1996.
.
Rights to opt out
29
1
This regulation shall apply in the case of any person (“a relevant beneficiary”) to whom any benefit (including a return of contributions and any pension payable to a widow, widower or any dependant by virtue of a surrender) is or may become payable, being a benefit (“a relevant benefit”) payable to, or in respect of, a person who before the date on which the relevant regulation of these Regulations has effect —
a
ceased to hold an employment in respect of which he was a member (whether or not he has subsequently recommenced any such employment); or
b
died while in such employment.
2
If, in relation to a relevant benefit, a relevant beneficiary —
a
would be placed by any amendment made by these Regulations in a worse position than he would have been in if that amendment had not been made, and
b
so elects, by notice in writing given to the appropriate administering authority within the six month period beginning with the date on which these Regulations come into force,
then, in the case of that beneficiary and in relation to that benefit, the principal Regulations shall have effect, subject to paragraph (3), as if these Regulations had not been made.
3
If such an election as is mentioned in paragraph (2) is made in relation to a benefit which is or may become payable in respect of a person who is employed in local government employment, or if that person subsequently recommences service in such an employment, then
a
the election shall have effect in relation to the benefit only to the extent that it accrues or has accrued —
i
by virtue of periods of service rendered before the cessation referred to in paragraph (1) (or, if there has been more than one such cessation, the last of them before the date on which the relevant regulation of these Regulations has effect); or
ii
by virtue of contributions paid in respect of any such periods of service; and
b
in determining entitlement to, or the amount of, the benefit to that extent, he shall (without prejudice to the application of this paragraph) be treated as if he had never recommenced service in such employment at any time after the cessation referred to in sub-paragraph (a);
and the principal Regulations shall apply accordingly.
Signed by authority of the Secretary of State
Paul Beresford
Parliamentary Under Secretary of State,
Department of the Environment
3rd June 1996


text:
Citation and Commencement
1
These Regulations may be cited as the Air Navigation (Dangerous Goods) (Amendment) Regulations 1996 and shall come into force on 1st January 1997.
Amendment of the Air Navigation (Dangerous Goods) Regulations 1994
2
The Air Navigation (Dangerous Goods) Regulations 1994 shall be amended by substituting for “1995 — 1996” in the definition of “Technical Instructions” in regulation 3(1), “1997 — 1998”.
Signed by authority of the Secretary of State for Transport
Goschen
Parliamentary Under Secretary of State,
Department of Transport
5th December 1996


text:
1
This Order may be cited as The Bath-Lincoln Trunk Road A46 (Upper Swainswick to A420 Cold Ashton Roundabout) Orders 1987 Revocation Order 1996 and shall come into force on 3rd May 1996.
2
The following Orders are hereby revoked —
a
The Bath-Lincoln Trunk Road A46 (Upper Swainswick to A420 Cold Ashton Roundabout) Order 1987 , and
b
The Bath-Lincoln Trunk Road A46 (Upper Swainswick to A420 Cold Ashton Roundabout) (Detrunking) Order 1987 .
Signed by authority of the Secretary of State for Transport
D. W. Ward
Director Road Programme Directorate Southern Operations
11th April 1996


text:
Citation and commencement
1
These Regulations may be cited as the Travel Concession Schemes (Amendment) Regulations 1996 and shall come into force on 1st December 1996.
Amendment of the Travel Concession Schemes Regulations 1986
2
1
The Travel Concession Schemes Regulations 1986 shall be amended as follows.
2
In regulation 27 (content of notices) for the words “the notices mentioned in regulation 32” there shall be substituted “notices given under section 98(4) or 99(3) of the Act”.
3
In Schedule 1 (particulars to be contained in certain notices) for paragraph 3 there shall be substituted the following paragraph —
3
The route number or name (if any) and the registration number allocated by the traffic commissioner of each service to which the notice relates.
Signed by authority of the Secretary of State for Transport
John Watts
Minister of State,
Department of Transport
14th October 1996
James Douglas-Hamilton
Minister of State,
Scottish Office
15th October 1996
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State,
Welsh Office
22nd October 1996


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Existing Liabilities Scheme) Regulations 1996, and shall come into force on 1st April 1996.
2
In these Regulations, unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“an eligible body” means a body of a kind described in regulation 3;
“qualifying liability” means a liability of a kind described in regulation 4;
“relevant function” means the function of managing for the purposes of the health service any hospital or other establishment or facility situated in England at or from which services were provided under the National Health Service Act 1977;
“the scheme” means the Existing Liabilities Scheme established by regulation 2.
3
In these Regulations, a reference to a numbered regulation is a reference to the regulation which bears that number in these Regulations, and a reference in a regulation to a numbered paragraph is a reference to the paragraph which bears that number in that regulation.
Establishment of scheme
2
There is hereby established a scheme, to be known as the Existing Liabilities Scheme, whereby an eligible body may, in accordance with the following provisions of these Regulations, make provision to meet qualifying liabilities.
Eligible bodies
3
A body is eligible to participate in the Scheme if —
a
the body is —
i
a Health Authority,
ii
a Special Health Authority,
iii
a National Health Service trust, or
iv
the Public Health Laboratory Service Board;
b
the body has —
i
during any period falling before 1st April 1995 exercised any relevant function; or
ii
had transferred to it the liabilities of any other body which exercised any relevant function during any period falling before that date; and
c
the body has applied to the Secretary of State, in such manner as he may require, to participate in the Scheme, and the Secretary of State has admitted the body to the Scheme.
Liabilities to which the Scheme applies
4
The Scheme applies to any liability in tort owed by an eligible body to a third party in respect of or consequent upon personal injury or loss arising out of or in connection with any breach before 1st April 1995 of a duty of care owed by that body, or a body referred to in regulation 3(b)(ii), to any person in connection with the diagnosis of any illness, or the care or treatment of any patient, in consequence of any act or omission to act on the part of a person employed or engaged by such a body in connection with any relevant function of that body.
Administration of the Scheme
5
The Scheme shall be administered by the Secretary of State.
Payments under the Scheme
6
1
Where, in any year, a qualifying liability falls to be met by any eligible body, the Secretary of State may, subject to paragraph (2), pay to that body an amount to be determined by him in accordance with paragraph (3).
2
No payment shall be made under paragraph (1), except to such extent as the Secretary of State may determine, in respect of —
a
any liability admitted by the eligible body without the consent in writing of the Secretary of State;
b
any liability determined by a Court in proceedings conducted by the eligible body otherwise than in consultation with the Secretary of State; or
c
any payment which the eligible body has agreed to make otherwise than in the course of legal proceedings, or in consequence of its having compromised legal proceedings, without the consent in writing of the Secretary of State.
3
The amount of any payment to an eligible body under paragraph (1) shall be determined by reference to —
a
where an award of damages has been made against the eligible body by a Court, the amount of that award, together with the amounts of the legal and associated costs awarded to the plaintiff and of any such costs incurred by the eligible body;
b
where legal proceedings have been compromised by the eligible body, the amount of —
i
any sum paid by the eligible body in relation to the plaintiff’s claim for damages,
ii
the eligible body’s contribution towards any legal and associated costs incurred by the plaintiff; and
iii
any such costs incurred by the eligible body;
c
where, in any legal proceedings, a Court has declined to award damages against the eligible body, the amount of any legal and associated costs incurred by the eligible body, to the extent that such costs are not recoverable from the plaintiff or from the Legal Aid Board under section 18 of the Legal Aid Act 1988;
d
where the eligible body has agreed to make a payment, otherwise than in the course of legal proceedings, in settlement of the plaintiff’s claim, the amount of that payment.
Provision of information
7
An eligible body shall, at such times and in such manner as the Secretary of State may require, furnish to the Secretary of State such information as he may request about —
a
the nature of any relevant function carried on, during any period falling before 1st April 1995 which the Secretary of State may specify, by the eligible body or by any body whose liabilities have been transferred to the eligible body; and
b
any event of which the eligible body is aware which it considers might give rise to a qualifying liability.
Availability of directions and guidance
8
The Secretary of State shall make available to eligible bodies, in such form and at such times as he may consider appropriate —
a
any directions he may give, to any body directed under section 21(4)(b) of the Act to carry out functions in connection with the administration of the Scheme, with respect to the discharge by that body of those functions; and
b
any guidance he may give to that body as to the manner in which the Scheme is to be administered.
Signed by authority of the Secretary of State for Health,
Gerald Malone
Minister of State,
Department of Health
7th March 1996
We consent,
Bowen Wells
Simon Burns
Two of the Lords Commissioners of Her Majesty’s Treasury
8th March 1996


text:
Citation and commencement
1
This Order may be cited as the Criminal Justice Act 1988 (Application to Service Courts) (Evidence) Order 1996 and shall come into force on 4th November 1996.
Application of sections 32, 32A and 34A of the Criminal Justice Act 1988
2
Sections 32(1) to (3), 32A and 34A of the Criminal Justice Act 1988 shall have effect in relation to proceedings before Service courts subject to the modifications for which paragraph 8(2) of Schedule 13 to that Act provides, and to the further modifications specified in the Schedule to this Order.
Revocation
3
The Criminal Justice Act 1988 (Application to Service Courts) (Evidence through Television Links) Order 1993 is hereby revoked.
Nicholas Soames
Minister of State,
Ministry of Defence
13th October 1996


text:
Citation and commencement
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemptions) (Bedford Borough Council and Suffolk Coastal District Council) Order 1996 and shall come into force on 3rd September 1996.
Exemptions
2
The management of sports and leisure facilities by the Bedford Borough Council shall not be treated as a defined activity so long as it is undertaken at the Oasis Beach Pool, Cardington Road, Bedford before 1st April 1998.
3
The management of sports and leisure facilities by the Suffolk Coastal District Council shall not be treated as a defined activity so long as it is undertaken at The Sports Centre, High Road East, Felixstowe, Suffolk before 1st January 1999.
Signed by authority of the Secretary of State
Paul Beresford
Parliamentary Under-Secretary of State,
Department of the Environment
6th August 1996


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Mental Health (Hospital, Guardianship and Consent to Treatment) (Amendment) Regulations 1996 and shall come into force on 1st April 1996.
2
In these regulations the “ principal Regulations ” means the Mental Health (Hospital, Guardianship and Consent to Treatment) Regulations 1983 .
Amendment of regulation 4 of the principal Regulations
2
In paragraph (4) of regulation 4 (procedure for and record of hospital admissions) for the words “Form 15” there shall be substituted the words “Form 14”.
Amendment of Schedule to the principal Regulations
3
The Schedule to the principal Regulations (Forms for use in connection with compulsory admission to hospital, guardianship and consent to treatment) shall be amended by the substitution of Forms 2, 3, 4, 7, 9, 10, 11, 12, 14, 15, 21, 22, 24, 28, 29, and 30 by the forms respectively so numbered and set out in the Schedule to these Regulations.
Signed by authority of the Secretary of State for Health,
John Bowis
Parliamentary Under Secretary of State
Department of Health
4th March 1996


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Education (Pupil Referral Units) (Application of Enactments) (Amendment) Regulations 1996 and shall come into force on 1st September 1996.
2
In these Regulations a reference to the principal Regulations is a reference to the Education (Pupil Referral Units) (Application of Enactments) Regulations 1994 .
Amendment of principal Regulations
2
1
In Part 1 of Schedule 1 to the principal Regulations the following paragraph is inserted after paragraph 3 —
Education (Schools) Act 1992 (c. 38)
3A
Section 9 of the Education (Schools) Act 1992 applies in relation to units as if they were schools mentioned in subsection (3) of that section.
.
2
In Part II of Schedule 1 to the principal Regulations for paragraphs 7 and 8 there are substituted the following paragraphs —
7
Parts I and II of the Education (School Inspection) (Wales) ( No. 2) Regulations 1993 apply in relation to a unit with the modification that in regulation 4 for paragraph (a) there is substituted the following paragraph
a
on or after 1st September 1996 but before 1st August 2001;
.
8
Parts I and II of the Education (School Inspection) (No. 2) Regulations 1993 apply in relation to a unit with the modification that in regulation 4 for paragraph (a) there is substituted the following paragraph —
a
on or after 1st September 1996 but before 1st August 2000;
.
Eric Forth
Minister of State,
Department for Education and Employment
31st July 1996
William Hague
Secretary of State for Wales
8th August 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Kent and Canterbury Hospitals 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 East Kent Health Authority established on 1st April 1996 ;
“the old Authority” means the East Kent Health Authority established on 1st April 1994 and abolished on 1st April 1996 ;
“the Trust” means the Kent and Canterbury 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 old Authority and the Trust on 27th November 1995, which schedule has been signed on behalf of both the old 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
2nd July 1996


text:
Title and Commencement
1
This Order may be cited as the Bovine Spongiform Encephalopathy Compensation (Amendment) Order 1996 and shall come into force on 23rd May 1996.
Amendment of the Bovine Spongiform Encephalopathy Compensation Order 1994
2
1
The Bovine Spongiform Encephalopathy Compensation Order 1994 shall have effect subject to the following amendments.
2
In article 2 (interpretation) for the definition of “market value” there shall be substituted the following definition —
“market value” means
in the case of a bovine animal over 30 months old, either —
the price which might reasonably have been obtained for it at the time of valuation from a purchaser in the open market if the animal were not an affected or suspected animal, or
the purchase price which would have applied had the animal been slaughtered in accordance with Commission Regulation ( EC ) No. 716/96 adopting exceptional support measures for the beef market in the United Kingdom ,
whichever is the higher,
in the case of a bovine animal under 30 months old, the price which might reasonably have been obtained for it at the time of valuation from a purchaser in the open market if the animal were not an affected or suspected animal;
.
3
In article 4 (revocation and saving), for paragraph (2) there shall be substituted the following paragraph —
2
In relation to those bovine animals for which compensation has been calculated under the provisions of this Order prior to 23rd May 1996, that calculation shall continue to apply.
.
4
In the Schedule, in the words following the formula for the calculation of the indicative market price, for the words “D equals the average price for first and second quality barrener cattle of dairy breeds” there shall be substituted the words,
D equals the average purchase price paid in the case of barrener cattle of dairy breeds slaughtered in accordance with Commission Regulation (EC) No. 716/96 adopting exceptional support measures for the beef market in the United Kingdom.
.
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
20th May 1996
Lindsay
Parliamentary Under Secretary of State, Scottish Office
20th May 1996
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under-Secretary of State, Welsh Office
14th May 1996
We approve,
Derek Conway
Simon Burns
Two of the Lords Commissioners of Her Majesty’s Treasury
16th May 1996


text:
Citation and commencement
1
These Regulations may be cited as the Motorways Traffic (England and Wales) (Amendment) Regulations 1996 and shall come into force on 1st January 1997.
Learner drivers on motorways
2
1
The Motorways Traffic (England and Wales) Regulations 1982 shall be amended in accordance with the following paragraph.
2
For regulation 11 there shall be substituted —
11
1
Subject to paragraph (3), a person shall not drive on a motorway a motor vehicle to which this regulation applies if he is authorised to drive that vehicle only by virtue of his being the holder of a provisional licence.
2
This regulation applies to —
a
a motor vehicle in category A or B or sub-category C1+E (8.25 tonnes), D1 (not for hire or reward), D1+E (not for hire or reward) or P, and
b
a motor vehicle in category B+E or sub-category C1 if the provisional licence authorising the driving of such a motor vehicle was in force at a time before 1st January 1997.
3
Paragraph (1) shall not apply in relation to a vehicle if the holder of the provisional licence has passed a test of competence prescribed under section 89 of the Road Traffic Act 1988 for the grant of a licence to drive that vehicle.
4
In this regulation —
a
the expression “in force”and expressions relating to vehicle categories shall be construed in accordance with regulations 3(2) and 4(2) respectively of the Motor Vehicles (Driving Licences) Regulations 1996 ;
b
“provisional licence”, in relation to any vehicle, means a licence —
i
granted under section 97(2) of the Road Traffic Act 1988, or
ii
treated, by virtue of section 98 of that Act and regulations made thereunder, as authorising its holder to drive that vehicle as if he were authorised by a provisional licence to do so.
.
Signed by authority of the Secretary of State for Transport
John Bowis
Parliamentary Under Secretary of State,
Department of Transport
3rd December 1996
William Hague
Secretary of State for Wales
4th December 1996


text:
Citation and interpretation
1
1
This Order may be cited as the Housing Act 1996 (Commencement No. 2 and Savings) Order 1996.
2
In this Order:
“ the Act ” means the Housing Act 1996 and all reference to sections or Schedules (without more) are to sections of or Schedules to the Act; and
“the commencement date” means 1st October 1996.
Commencement
2
1
So much of the following provisions of the Act as confers on the Lord Chancellor or the Secretary of State the powers to make orders, regulations or rules shall come into force on 23 August 1996 —
section 83(3),
section 86(4) and (5),
section 92 in so far as it relates to paragraph 7 of Part IV of Schedule 6,
section 96 in so far as it relates to the insertion by Schedule 7 of paragraphs 7(2)(a) and 9(2)(a) of Schedule 2A to the Housing Act 1988 ,
section 106 in so far as it relates to paragraph 1 of Schedule 9, and
section 119.
2
The following provisions of the Act shall come into force on the commencement date subject to the savings in the Schedule to this Order —
section 84,
section 88,
sections 89 to 91
section 92 (in so far as it will not already be in force),
section 93,
section 105,
sections 107 to 109,
sections 111 to 117, and
section 227 in so far as it relates to the repeals to the Landlord and Tenant Act 1987 in Part III of Schedule 19 and to the repeals in Part V of that Schedule (except the repeal to section 39(3) of the Leasehold Reform, Housing and Urban Development Act 1993 ).
David Curry
Minister of State,
Department of the Environment
22 August 1996


text:
1
These Regulations may be cited as the Manufactured Overseas Dividends (French Indemnity Payments) (Amendment) Regulations 1996 and shall come into force on 6th November 1996.
2
In regulations 3(2)(a) and 4(2)(a) of the Manufactured Overseas Dividends (French Indemnity Payments) Regulations 1996 , for the words “paragraphs 4 and 5” there shall be substituted the words “paragraph 4”.
Roger Knapman
Bowen Wells
Two of the Lords Commissioners of Her Majesty’s Treasury
16th October 1996


text:
1
These Regulations may be cited as the Measuring Instruments (EEC Requirements) (Fees) (Amendment) Regulations 1996 and shall come into force on 8th April 1996.
2
The Measuring Instruments (EEC Requirements) (Fees) Regulations 1993 are hereby amended as follows —
a
in paragraph 1(a) of Schedule 2, for “£53.00” substitute “£58.00”;
b
in paragraph 1(a) of Schedule 3, for “£59.00” substitute “£60.00”, for “£53.00” substitute “£58.00” and for “£10.00” substitute “£11.50”;
c
in paragraph 3 of Schedule 4, for “£66.00” substitute “£70.00”;
d
in paragraph 1(a) of Schedules 5 and 6, for “£59.00” substitute “£60.00” and for “£53.00” substitute “£58.00”;
e
in paragraph 1(b) of Schedules 5 and 6, for “£10.00” substitute “£11.50” and for “56.00” substitute “58.50”.
John M Taylor,
Parliamentary Under Secretary of State
Department of Trade and Industry
5th March 1996
We consent,
Derek Conway,
Simon Burns,
Two of the Lords Commissioners of Her Majesty’s Treasury
7th March 1996


text:
Citation, commencement and extent
1
1
This Order may be cited as the Housing Accommodation and Homelessness (Persons subject to Immigration Control) Order 1996 and shall come into force on 19th August 1996.
2
This Order does not extend to Northern Ireland.
Interpretation
2
In this Order —
“ the Act ” means the Asylum and Immigration Act 1996;
“the 1971 Act ” means the Immigration Act 1971;
“claim for asylum” means a claim made by a person that it would be contrary to the United Kingdom’s obligations under the Convention for him to be removed from or required to leave the United Kingdom;
“ Common Travel Area ” means the United Kingdom, the Channel Islands, the Isle of Man and the Republic of Ireland collectively;
“the Convention” means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 , as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967 ;
“full time course” means a course normally involving not less than 15 hours attendance a week in term time for the organised day-time study of a single subject or related subjects;
“overseas student” means a person who is attending a full-time course at a specified education institution;
“specified education institution” means —
a university or other institution within the higher education sector within the meaning given by section 91(5) of the Further and Higher Education Act 1992 or by section 56(2) of the Further and Higher Education (Scotland) Act 1992 ;
an institution within the further education sector within the meaning given by section 91(3) of the Further and Higher Education Act 1992;
a college of further education in Scotland which is under the management of an education authority or which is managed by a board of management in terms of Part I of the Further and Higher Education (Scotland) Act 1992;
a central institution within the meaning of section 135(1) of the Education (Scotland) Act 1980 ;
an institution which provides a course qualifying for funding under Part I of the Education Act 1994 .
Classes specified under section 9(1)
3
The following are the classes of persons specified for the purposes of section 9(1) of the Act —
Class A — a person recorded by the Secretary of State as a refugee within the definition in Article 1 of the Convention;
Class B — a person —
who has been granted by the Secretary of State exceptional leave to enter or remain in the United Kingdom outside the provisions of the immigration rules within the meaning of the 1971 Act; and
whose leave is not subject to a condition requiring him to maintain and accommodate himself and any dependants of his without recourse to public funds;
Class C — a person who has a current leave to enter or remain in the United Kingdom which is not subject to any limitation or condition;
Class D — an overseas student in a case where the housing accommodation which is or may be provided to him —
is let by a housing authority to a specified education institution for the purposes of enabling that institution to provide accommodation for students attending a full time course at that institution; and
would otherwise be difficult for that authority to let on satisfactory terms.
Classes specified under section 9(2)
4
The classes of persons specified for the purposes of section 9(2) of the Act are those specified in classes A to C of article 3 and —
Class E — a person who has made a claim for asylum which is recorded by the Secretary of State as having been made either —
on his arrival (other than on his re-entry) in the United Kingdom from a country outside the Common Travel Area; or
within 3 months from the day on which the Secretary of State makes a declaration to the effect that the country of which he is a national is subject to such a fundamental change in circumstances that he would not normally order the return of a person to that country,
and which in either case, has not been recorded by the Secretary of State as having been determined or abandoned;
Class F — a person (other than a person falling within Class E) who on or before 4th February 1996 has made a claim for asylum and who was on that date entitled to benefit under the Housing Benefit (General) Regulations 1987 in a case where —
his claim has not been recorded by the Secretary of State as having been determined or abandoned; or
there was on that date an appeal pending in respect of that claim or such an appeal is made within the time limits specified in rules of procedure made under section 22 of the 1971 Act,
and, in either case, no determination or abandoning of the appeal in question has been recorded by the Secretary of State since that date.
Signed by authority of the Secretary of State
Paul Beresford
Parliamentary Under-Secretary of State,
Department of the Environment
29th July 1996


text:
Citation, commencement, interpretation and application
1
1
These Regulations may be cited as the Local Government Changes for England (Valuation and Community Charge Tribunals) Regulations 1996 and shall come into force for the purposes of regulation 3(1) on 5th February 1996 and for all other purposes on 1st April 1996.
2
In these Regulations “the principal Regulations ” means the Valuation and Community Charge Tribunals Regulations 1989 .
3
References in these Regulations to a body which is to appoint members of a valuation tribunal established for an area shall, during the preliminary period, include an authority which has the functions of a billing authority, as regards the initial year, under Chapter 1 of Part I of the Local Government Finance Act 1992 , by virtue of regulation 49(1) of the Local Government Changes for England (Finance) Regulations 1995 ; for this purpose “initial year” and “preliminary period” shall have the same meaning as in those Regulations.
4
These Regulations apply to valuation tribunals in England.
Amendments to the principal Regulations
2
1
The following shall be substituted for regulation 4(1) of the principal Regulations —
The Secretary of State shall determine the number of members of each tribunal and where there is more than one appointing body provided in relation to that tribunal under paragraph (2) —
subject to paragraphs (b) and (c) below, the number shall be a multiple of the number of those bodies,
in the case of the tribunal established for the area of the districts of the East Riding of Yorkshire, Selby and York, and the City of Kingston-upon-Hull, the number shall be a multiple of 7, and
in the case of the tribunal established for the area of the county of Lincolnshire and the districts of North Lincolnshire and North East Lincolnshire, the number shall be a multiple of 6.
.
2
The following shall be substituted for regulation 4(3) of the principal Regulations —
3
Where there is more than one body specified as mentioned in paragraph (2) —
a
subject to paragraph (c) below, the appointments shall be made by each body in equal proportions,
b
where the appointment of a member terminates in accordance with these Regulations an appointment shall be made by the body which appointed that member, and
c
in relation to the tribunals listed in column 1 of the Table below the appointments shall be made by the bodies listed in column 2 in the ratio set out in column 3:
1 2 3 Name of Tribunal Appointing bodies Ratio
East Yorkshire The council of the county of North Yorkshire, 1 the councils of the districts of the East Riding of Yorkshire 3 and York 1 and the council of the City of Kingston-upon-Hull 2 Lincolnshire The council of the county of Lincolnshire, 4 and the councils of the districts of North Lincolnshire 1 and North East Lincolnshire 1
3
On and after 1st April 1996 for Schedule 1 to the principal Regulations there shall be substituted Schedule 1 to these Regulations.
Membership — transitional provisions
3
1
In relation to the tribunals listed in column 1 of Schedule 2 to these Regulations, the number of additional members in column 3 shall be appointed by the bodies in column 2, such appointments to take effect from 1st April 1996.
2
Notwithstanding regulation 4(3) of the principal Regulations, as substituted by these Regulations, where, before 1st April 1996, a vacancy has occurred and an appointing body has failed to make an appointment before that date or, on or after 1st April 1996, the office of a member referred to in paragraph (3) below terminates as described in that paragraph —
a
in relation to the East Yorkshire tribunal —
i
the first twelve such vacancies shall be filled by members appointed alternately by the council of the county of North Yorkshire and the council of the district of York, the first such appointment being made by the first mentioned council, and
ii
such vacancies remaining shall be filled by members appointed by the council of the district of the East Riding of Yorkshire and the council of the City of Kingston-upon-Hull in the ratio 3:2; for this purpose, for every five vacancies which occur, the first mentioned council shall appoint the first three members and the second mentioned council shall appoint the next two;
b
in relation to the Lincolnshire tribunal —
i
the first such vacancy shall be filled by a member appointed by the council of the district of North Lincolnshire and the second by a member appointed by the council of the district of North East Lincolnshire, and
ii
such vacancies remaining shall be filled by members appointed by the council of the county of Lincolnshire;
c
in relation to the Severnside tribunal, such vacancies shall be filled by the appointment of a member by each of the appointing bodies in turn and in the following order —
i
the council of the district of North West Somerset,
ii
the council of the district of South Gloucestershire,
iii
the council of the City of Bristol, and
iv
the council of the district of Bath and North East Somerset; and
d
in relation to the Teesside tribunal, such vacancies shall be filled by the appointment of a member by each of the appointing bodies in turn and in the following order —
i
the council of the district of Middlesbrough,
ii
the council of the district of Redcar and Cleveland,
iii
the council of the district of Stockton-on-Tees, and
iv
the council of the district of Hartlepool.
3
Notwithstanding regulation 4(2) of the principal Regulations, each member of a tribunal to which this paragraph applies who was such a member at the end of 31st March 1996 shall, on and after 1st April 1996, continue to hold office as a member of that tribunal until that office terminates in accordance with regulation 6(2) of those Regulations.
4
Paragraph (3) above applies to the following tribunals —
a
East Yorkshire, established under the principal Regulations under the name “Humberside”,
b
Lincolnshire,
c
Severnside, established under the principal Regulations under the name “Avon”, and
d
Teesside, established under the principal Regulations under the name “Cleveland”.
Transferred appeals
4
1
This regulation applies to any appeal to the Humberside or the North Yorkshire tribunal which —
a
was initiated before 1st April 1996,
b
would, had it been initiated on or after that date, have fallen, by virtue of the change to the area of jurisdiction of those tribunals effected by these Regulations, to be disposed of, in the case of the Humberside tribunal, by the Lincolnshire tribunal, and, in the case of the North Yorkshire tribunal, by the East Yorkshire tribunal,
and in relation to which —
c
if the appeal is such as may be disposed of by way of written representations, there has not been given such written agreement as would enable it to be so disposed of, or
d
no notice of a hearing has been given.
2
An appeal to which this regulation applies shall be transferred to, and disposed of by —
a
in the case of the Humberside tribunal, the Lincolnshire tribunal, and
b
in the case of the North Yorkshire tribunal, the East Yorkshire tribunal,
and on and after 1st April 1996 the relevant regulations shall apply as if anything done in relation to the appeal by or in relation to the clerk, the president or a chairman of the Humberside or North Yorkshire tribunal had been done by or in relation to the clerk, or, as the case may be, the president or a chairman, of the Lincolnshire tribunal, or the East Yorkshire tribunal, respectively.
3
In this regulation “relevant regulations” means —
a
in relation to appeals under section 23 (community charge appeals) of the Local Government Finance Act 1988, or as defined in Part V of the principal Regulations, those Regulations,
b
in relation to appeals under the Council Tax (Alteration of Lists and Appeals) Regulations 1993 , those Regulations,
c
in relation to appeals under regulation 29 (appeal against completion notices) of the Non-Domestic Rating (Alteration of Lists and Appeals) Regulations 1993 , those Regulations, and
d
in relation to appeals under regulation 36 (appeals against certification) of the Non-Domestic Rating (Chargeable Amounts) Regulations 1994 , those Regulations.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
11th January 1996


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security Benefits (Maintenance Payments and Consequential Amendments) Regulations 1996 and shall come into force on 19th April 1996.
2
In these Regulations —
“ the Act ” means the Social Security Administration Act 1992;
“the Income Support Regulations ” means the Income Support (General) Regulations 1987 ;
“the Jobseeker’s Allowance Regulations ” means the Jobseeker’s Allowance Regulations 1996 .
Interpretation for the purposes of section 74A of the Act
2
In section 74A of the Act (payment of benefit where maintenance payments collected by Secretary of State) —
a
“child maintenance” means any payment towards the maintenance of a child or young person, including payments made —
i
under a court order;
ii
under a maintenance assessment made under the Child Support Act 1991 ;
iii
under an agreement for maintenance; or
iv
voluntarily,
and for this purpose a “young person” is a person referred to in regulation 3 of these Regulations (persons of a prescribed description);
b
“spousal maintenance” means any payment made by a person towards the maintenance of that person’s spouse, including payments made —
i
under a court order;
ii
under an agreement for maintenance; or
iii
voluntarily;
c
“relevant income” means —
i
any income which is taken into account under Part V of the Income Support Regulations for the purposes of calculating the amount of income support to which the claimant is entitled; or
ii
any income which is taken into account under Part VIII of the Jobseeker’s Allowance Regulations for the purposes of calculating the amount of jobseeker’s allowance to which the claimant is entitled.
Persons of a prescribed description
3
For the purposes of the definition of “family” in section 74A(5) of the Act, a person of a prescribed description is any person who —
a
is referred to as a “young person” in the Income Support Regulations by virtue of regulation 14 of those Regulations ; or
b
is referred to as a “young person” in the Jobseeker’s Allowance Regulations by virtue of regulation 76 of those Regulations.
Circumstances in which a person is to be treated as responsible for another
4
A person shall be treated as responsible for another for the purposes of section 74A of the Act if he is treated as responsible for that other person under either regulation 15 of the Income Support Regulations or regulation 77 of the Jobseeker’s Allowance Regulations.
Circumstances in which persons are to be treated as being members of the same household
5
Persons shall be treated as members of the same household for the purposes of section 74A of the Act if they are treated as members of the same household under either regulation 16 of the Income Support Regulations or regulation 78 of the Jobseeker’s Allowance Regulations.
Amendment of the Income Support Regulations
6
1
The Income Support Regulations shall be amended in accordance with the following provisions of this regulation.
2
In regulation 55 (treatment of liable relative payments) at the beginning there shall be inserted the words “Subject to regulation 55A and”.
3
After regulation 55 there shall be inserted the following regulation —
Disregard of payments treated as not relevant income
55A
Where the Secretary of State treats any payment as not being relevant income for the purposes of section 74A of the Social Security Administration Act 1992 (payment of benefit where maintenance payments collected by Secretary of State), that payment shall be disregarded in calculating a claimant’s income.
.
4
In regulation 60B (treatment of child support maintenance) at the beginning there shall be inserted the words “Subject to regulation 60E,”.
5
After regulation 60D there shall be inserted the following regulation —
Disregard of payments treated as not relevant income
60E
Where the Secretary of State treats any payment of child support maintenance as not being relevant income for the purposes of section 74A of the Social Security Administration Act 1992 (payment of benefit where maintenance payments collected by Secretary of State), that payment shall be disregarded in calculating a claimant’s income.
.
Signed by authority of the Secretary of State for Social Security.
A. J. B. Mitchell
Parliamentary Under-Secretary of State,
Department of Social Security
27th March 1996


text:
1
This Order may be cited as the Value Added Tax (Place of Supply of Services) (Amendment) Order 1996 and shall come into force on 1st January 1997.
2
The Value Added Tax (Place of Supply of Services) Order 1992 shall be amended as follows —
a
in paragraph (aa) of article 14 there shall be substituted for the expression “, provided the goods do not thereafter remain in the United Kingdom” —
which are then dispatched or transported out of the member State where those services were physically carried out
; and
b
at the end of paragraph (c) of article 15 after the semi-colon there shall be added the word “or”.
Bowen Wells
Roger Knapman
Two of the Lords Commissioners of Her Majesty’s Treasury
28th November 1996