othertales/uklegislation huggingface dataset:
CHILDREN Citation, commencement and interpretation 1 1 These Regulations may be cited as the Contact with Children Regulations (Northern Ireland) 1996 and shall come into operation on 4th November 1996. 2 In these Regulations, any reference to a numbered Article is to the Article of the Children (Northern Ireland) Order 1995 bearing that number. 3 Any notice required under these Regulations is to be given in writing and may be sent by ordinary post. Authority refusal of contact with child 2 Where an authority has decided under Article 53(6) to refuse contact with a child that would otherwise be required by virtue of Article 53(1) or an order under Article 53, the authority shall, as soon as the decision has been made, notify the following persons of those parts of the information specified in the Schedule as the authority considers those persons need to know— a the child, if he is of sufficient understanding; b the child’s parents; c any guardian of his; d where there was a residence order in force with respect to the child immediately before the care order was made, the person in whose favour the residence order was made; e where immediately before the care order was made, a person had care of the child by virtue of an order made in the exercise of the High Court’s inherent jurisdiction with respect to children, that person; and f any other person whose wishes and feelings the authority considers to be relevant. Departure from terms of court order on contact under Article 53 3 1 Subject to paragraph (2), an authority may depart from the terms of any order under Article 53 (parental contact etc. with children in care) by agreement between the authority and the person in relation to whom the order is made. 2 An agreement under paragraph (1) is subject to the agreement of the child where he is of sufficient understanding. 3 Within 7 days of an agreement under paragraph (1), notification shall be sent to the persons specified in regulation 2 containing those parts of the information specified in the Schedule as the authority considers those persons need to know. Notification of variation or suspension of contact arrangements 4 Where an authority varies or suspends any arrangements made (otherwise than under an order made under Article 53) with a view to affording any person contact with a child in the care of that authority, notification shall be sent to those persons specified in regulation 2 containing those parts of the information specified in the Schedule as the authority considers those persons need to know, as soon as the decision is made to vary or suspend the arrangements. Sealed with the Official Seal of the Department of Health and Social Services on 23rd September 1996. P. A. Conliffe Assistant Secretary
HEALTH AND PERSONAL SOCIAL SERVICES Citation and commencement 1 These Regulations may be cited as the Health and Social Services Trusts (Exercise of Functions) (Amendment) Regulations (Northern Ireland) 1996 and shall come into operation on 4th November 1996. Amendment of the Health and Social Services Trusts (Exercise of Functions) Regulations (Northern Ireland) 1994 2 The Schedule to the Health and Social Services Trusts (Exercise of Functions) Regulations (Northern Ireland) 1994 shall be amended as follows— a in the first column (Statutory Provision) there shall be added at the end the words “Children (Northern Ireland) Order 1995 ”; and b in the second column (Relevant functions of a Health and Social Services Board) there shall be added at the end, opposite the reference to the Children (Northern Ireland) Order 1995, the words “All functions.”. Sealed with the Official Seal of the Department of Health and Social Services on 20th September 1996. John McGrath Assistant Secretary
SOCIAL SECURITY Citation, commencement and interpretation 1 1 These Regulations may be cited as the Jobseeker’s Allowance and Income Support (Amendment) Regulations (Northern Ireland) 1996 and shall come into operation on 7th October 1996 immediately following the coming into operation of the Social Security and Child Support (Jobseeker’s Allowance) (Amendment) Regulations (Northern Ireland) 1996 . 2 The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to a Measure of the Northern Ireland Assembly. Amendment of the Jobseeker’s Allowance Regulations 2 1 The Jobseeker’s Allowance Regulations (Northern Ireland) 1996 shall be amended in accordance with paragraphs (2) to (7). 2 In regulation 60(1)( a ) (young persons at the end of the child benefit extension period) for “the Children (Northern Ireland) Order 1995” there shall be substituted “Part VII of the Children and Young Persons Act (Northern Ireland) 1968 (treatment of children in care of the Department)”. 3 In regulation 104(3) (capital treated as income) for “Article 18, 35 or 36 of the Children (Northern Ireland) Order 1995” there shall be substituted “section 122, 123 or 164 of the Children and Young Persons Act (Northern Ireland) 1968”. 4 In paragraph 9(2)( d )(ii) of Schedule 3 (applicable amounts of persons in residential care and nursing homes: circumstances in which the maximum is not to apply) for “Article 21 of the Children (Northern Ireland) Order 1995 (provision of accommodation for children)” there shall be substituted “section 164 of the Children and Young Persons Act (Northern Ireland) 1968 (general function for promoting the welfare of persons under the age of 18)”. 5 In paragraph 27 of Schedule 6 (sums to be disregarded in the calculation of income other than earnings) for “Article 27(2)( a ) of the Children (Northern Ireland) Order 1995” there shall be substituted “section 114(1)( a ) of that Act” and for “Article 75(1)( a ) of that Order” there shall be substituted “section 129(1) of that Act”. 6 In paragraph 29 of Schedule 6 for “Article 18, 35 or 36 of the Children (Northern Ireland) Order 1995” there shall be substituted “section 122, 123 or 164 of the Children and Young Persons Act (Northern Ireland) 1968”. 7 In paragraph 22 of Schedule 7 (capital to be disregarded) for “Article 18, 35 or 36 of the Children (Northern Ireland) Order 1995” there shall be substituted “section 122, 123 or 164 of the Children and Young Persons Act (Northern Ireland) 1968”. Amendment of the Income Support (General) Regulations 3 In Schedule 1B to the Income Support (General) Regulations (Northern Ireland) 1987 (prescribed categories of person) in paragraph 2 for “the Children (Northern Ireland) Order 1995” there shall be substituted “the Children and Young Persons Act (Northern Ireland) 1968”. Revocation 4 Regulation 11 of the Social Security and Child Support (Jobseeker’s Allowance) (Amendment) Regulations (Northern Ireland) 1996 is hereby revoked. Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on 23rd September 1996. John O'Neill Assistant Secretary
CHILDREN Citation and commencement 1 These Regulations may be cited as the Definition of Independent Visitors (Children) Regulations (Northern Ireland) 1996 and shall come into operation on 4th November 1996. Independent visitors 2 A person appointed by an authority as an independent visitor under Article 31(1) of the Children (Northern Ireland) Order 1995 shall be regarded as independent of the authority appointing him in the following circumstances— a where the person appointed is not connected with the authority by virtue of being— i a member or director of the authority or a member of any of its committees or sub-committees, ii an officer of the authority, or iii a spouse of any such person; b where the child who is to receive visits from the person appointed is accommodated by an organisation other than the authority and the person appointed is not— i a member of that organisation, ii a patron or trustee of that organisation, iii an employee of that organisation, whether paid or not, or iv a spouse of any such person. Sealed with the Official Seal of the Department of Health and Social Services on 18th September 1996. P. A. Conliffe Assistant Secretary
EXPLOSIVES Citation and commencement 1 These regulations may be cited as the Explosives (Amendment) Regulations (Northern Ireland) 1996 and shall come into operation on 2nd December 1996. Amendment of the Explosives Regulations (Northern Ireland) 1972 2 Regulation 2 of the Explosives Regulations (Northern Ireland) 1972 shall be amended as follows— a at the end of paragraph (1)( a ) there shall be added the words “or any solution which contains ammonium nitrate”; b for paragraph (1)( b ) there shall be substituted the following sub-paragraph— b any mixture, including a fertiliser, which contains ammonium nitrate and in which the ammonium nitrate content of any particulate component of such mixture constitutes more than 79 per cent by weight of the said component; or ; c after paragraph (1) there shall be inserted the following paragraph— 1A In this regulation “ammonium nitrate content of any particulate component” means the ammonium nitrate contained in such component together with any other nitrate contained therein expressed as an ammonium nitrate equivalent. ; d in paragraph (2) for the words “paragraph (1)” there shall be substituted the words “this regulation”. P. B. B. Mayhew One of Her Majesty’s Principal Secretaries of State Northern Ireland Office 31st July 1996
EUROPEAN COMMUNITIES Citation and commencement 1 1 These Regulations may be cited as the Driving Licences (Community Driving Licence) Regulations (Northern Ireland) 1996 and shall come into operation as follows— a as to— i paragraphs 2(5), 2(6), 2(8), 3(2) and 11 of Schedule 1, and ii so much of regulations 3 and 4 and the remainder of Schedules 1 and 2 as is necessary to confer on the Department extended or modified powers to make such orders or regulations as are necessary for the purpose of complying with Council Directive 91/439/ EEC and for ancillary purposes, on 18th October 1996; b except as provided in sub-paragraph ( a ) on 1st January 1997. Interpretation 2 The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to a Measure of the Northern Ireland Assembly. Amendments to the Road Traffic (Northern Ireland) Order 1981 3 The Road Traffic (Northern Ireland) Order 1981 shall have effect with the amendments set out in Schedule 1. Amendments to other enactments 4 The enactments mentioned in Schedule 2 shall have effect with the amendments set out in that Schedule (being minor amendments consequential upon those set out in Schedule 1). Sealed with the Official Seal of the Department of the Environment on 13th September 1996. Trevor Pearson Assistant Secretary
HEALTH AND PERSONAL SOCIAL SERVICES Citation, commencement and interpretation 1 1 These Regulations may be cited as the Optical Charges and Payments (Amendment No. 2) Regulations (Northern Ireland) 1996 and shall come into operation on 7th October 1996. 2 In these regulations, “the principal Regulations ” means the Optical Charges and Payments Regulations (Northern Ireland) 1989 . Amendment of regulation 1 of the principal Regulations 2 1 In regulation 1 of the principal Regulations (citation, commencement and interpretation), in paragraph (2), after the definition of “health service sight test fee” there shall be inserted— “an income-based jobseeker’s allowance” has the meaning given to it by Article 3(4) of the Jobseekers (Northern Ireland) Order 1995 ; . Amendment of regulation 8 of the principal Regulations 3 1 Regulation 8 of the principal Regulations (eligibility — supply of optical appliances) shall be amended as provided by paragraphs (2) and (3). 2 In paragraph (3)— a in sub-paragraph ( g ), the words from “and his” to the end shall be omitted; and b after sub-paragraph ( h ), there shall be added— i he is in receipt of an income-based jobseeker’s allowance; or j he is a member of the same family as a person described in sub-paragraph ( i ). . 3 In paragraph (4), after sub-paragraph ( c ), there shall be added— and has the meaning given to it by Article 2(2) of the Jobseekers (Northern Ireland) Order 1995 in the case of paragraph 3( j ). . Sealed with the Official Seal of the Department of Health and Social Services on 12th September 1996. P. Conliffe Assistant Secretary The Department of Finance and Personal hereby approves the foregoing Regulations. Sealed with the Official Seal of the Department of Finance and Personnel on 12th September 1996. J. G. Sullivan Assistant Secretary
SOCIAL SECURITY Citation, commencement and interpretation 1 1 These Regulations may be cited as the Child Benefit (General) (Amendment) Regulations (Northern Ireland) 1996 and shall come into operation on 7th October 1996. 2 The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to a Measure of the Northern Ireland Assembly. Amendment of the Child Benefit (General) Regulations 2 After regulation 16A of the Child Benefit (General) Regulations (Northern Ireland) 1979 (exception to Article 8(3) of the Order) there shall be inserted the following regulation— Prescribed conditions relating to persons subject to immigration control 16B The prescribed conditions for the purposes of section 142A of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (entitlement of person subject to immigration control to child benefit) are that a person subject to immigration control is— a a person recorded by the Secretary of State as a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 , as extended by Article I(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967 ; b a person who has been granted exceptional leave outside the provisions of the immigration rules within the meaning of the Immigration Act 1971 to remain in the United Kingdom by the Secretary of State; c a national, or a member of the family of a national, of a State contracting party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 ; d a person who is— i lawfully working in Northern Ireland and is a national of a State with which the European Community has concluded an Agreement under Article 238 of the Treaty establishing the European Community providing, in the field of social security, for the equal treatment of workers who are nationals of the signatory State and their families, or ii a member of the family of, and living with, such a person; e a person in respect of whom there is an Order in Council under section 155 of the Social Security Administration (Northern Ireland) Act 1992 giving effect to a reciprocal agreement which, for the purposes of child benefit, has the effect that periods of presence or residence in another country are to be treated as periods of presence or residence in Northern Ireland. . Saving 3 Where child benefit is being paid to a person immediately before the coming into operation of these Regulations, the Child Benefit (General) Regulations (Northern Ireland) 1979 shall, until such time as his entitlement to that benefit is reviewed under section 23 of the Social Security Administration (Northern Ireland) Act 1992, have effect as if regulation 2 had not been made. Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on 12th September 1996. D. A. Baker Assistant Secretary
DISABLED PERSONS Citation and commencement 1 1 These Regulations may be cited as the Disability Discrimination (Sub-leases and Sub-tenancies) Regulations (Northern Ireland) 1996 and shall come into operation on 4th November 1996. Interpretation 2 1 In these Regulations “ the Act ” means the Disability Discrimination Act 1995. 2 The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to a Measure of the Northern Ireland Assembly. Definition of sub-lease and sub-tenancy 3 For the purposes of section 16 of the Act “sub-lease” means any sub-term created out of or deriving from a leasehold interest and “sub-tenancy” means any tenancy created out of or deriving from a superior tenancy. Modification of section 16 and paragraph 1 of Schedule 4 4 Where the occupier occupies premises under a sub-lease or sub-tenancy the following modifications and additions shall have effect— a (subject to paragraph ( b ), section 16 of and paragraph I of Schedule 4 to the Act are modified so that for references to “lessor” there are substituted references to the lessor who is the occupier’s immediate landlord; b the following subsection is added to follow section 16(2) of the Act; 2A Except to the extent to which it expressly so provides, any superior lease under which the premises are held shall have effect in relation to the lessor and lessee who are parties to that lease as if it provided— i for the lessee to have to make a written application to the lessor for consent to the alteration; ii if such an application is made, for the lessor not to withhold his consent unreasonably; and iii for the lessor to be entitled to make his consent subject to reasonable conditions . c paragraphs 2 and 3 of Schedule 4 to the Act are modified so that references to “lessor” include any superior landlord. Sealed with the Official Seal of the Department of Economic Development on 12th September 1996. W. A. N. Arbuthnot Assistant Secretary
SEX DISCRIMINATION Citation, commencement and interpretation 1 1 These Regulations may be cited as the Sex Discrimination (Amendment) Regulations (Northern Ireland) 1996 and shall come into operation on 20th October 1996. 2 The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to a Measure of the Northern Ireland Assembly. Amendment of the Sex Discrimination (Northern Ireland) Order 1976 2 1 The Sex Discrimination (Northern Ireland) Order 1976 is amended as follows. 2 After Article 65(1) there is inserted— 1A In applying Article 66 for the purposes of paragraph (1)( b ), no account shall be taken of paragraph (3) of that Article. 1B As respects an unlawful act of discrimination falling within Article 3(1)( b ) or Article 5(1)( b ), if the respondent proves that the requirement or condition in question was not applied with the intention of treating the complainant unfavourably on the ground of his sex or marital status as the case may be, an order may be made under paragraph (1)( b ) only if the industrial tribunal— a makes such order under paragraph (1)( a ) and such recommendation under paragraph (1)( c ) (if any) as it would have made if it had no power to make an order under paragraph (1)( b ); and b (where it makes an order under paragraph (1)( a ) or a recommendation under paragraph (1)( c ) or both) considers that it is just and equitable to make an order under paragraph (1)( b ) as well. . 3 In Article 65(3)( b ), for the words “could have been made but was not” there is substituted “was not made”. 4 In Article 66(3) the words from “(or, where” to “Article 5(1)( b ))” and the words “or marital status as the case may be” are omitted. Sealed with the Official Seal of the Department of Economic Development on 10th September 1996. W. D. A. Haire Assistant Secretary
LEGAL AID AND ADVICE Citation and commencement 1 These regulations may be cited as the Legal Advice and Assistance (Amendment No. 3) Regulations (Northern Ireland) 1996 and shall come into operation on 4th November 1996. Amendment to the principal regulations 2 The Legal Advice and Assistance Regulations (Northern Irekland) 1981 shall be amended as follows— 2 After Regulation 8 there shall be inserted the following new regulation— Proceedings under the Children (Northern Ireland) Order 1995 8A 1 Assistance by way of representation shall not be available— a to any Health and Social Services Board; or b to any Health and Social Services Trust; or c to a guardian ad litem for the purpose of any proceedings under the Children (Northern Ireland) Order 1995 . 2 Regardless of Articles 3 and 7(2) of the Order and Regulation 17(3) assistance by way of representation must be granted where a child who is brought before a court of summary jurisdiction under Article 44 of the Children (Northern Ireland) Order 1995 (secure accommodation) is not, but wishes to be legally represented before the court. 3 Subject to paragraph (1) but regardless of Articles 3 and 7(2) of the Order and Regulation 17(3) assistance by way of representation must be granted to the child in respect of whom the application is made, to any parent of such child and to any person with parental responsibility for him within the meaning of the Children (Northern Ireland) Order 1995 to cover proceedings in a court of summary jurisdiction relating to an application for the following orders under that Order— a an order under Article 50 (care or supervision order); b an order under Article 62 (child assessment order); c an order under Article 63 (an emergency protection order); d an order under Article 64 (extension or discharge of an emergency protection order). 4 Subject to paragraph (1) and Articles 3 and 7(2) of the Order but regardless of Regulation 17(3) assistance by way of representation must be granted where a person applies to be or has been joined as a party to any of the proceedings in a court of summary jurisdiction mentioned in paragraph (3). 5 Paragraphs (2), (3) and (4) shall not apply to any person who has been granted legal aid by virtue of Article 10(5B), (5C), or (5E) of the Order for the purpose of the same proceedings. ; 2 In Regulation 17(3) for the words “An application for approval” there shall be substituted the words “Subject to Regulation 8A(2), (3) and (4) an application for approval”. 3 In paragraph (2) of Schedule 3 after sub paragraph ( h ) there shall be added the following sub paragraph— i under the Children (Northern Ireland) Order 1995 . Mackay of Clashfern, C. Dated 8th October 1996
HEALTH AND PERSONAL SOCIAL SERVICES Citation, commencement and interpretation 1 1 These Regulations may be cited as the General Ophthalmic Services (Amendment No. 2) Regulations (Northern Ireland) 1996 and shall come into operation on 7th October 1996. 2 In these Regulations, the “ principal Regulations ” means the General Ophthalmic Services Regulations (Northern Ireland) 1986 . Amendment of regulation 2 of the principal Regulations 2 In regulation 2(1) of the principal Regulations (interpretation), after the definition of “general ophthalmic services” there shall be inserted— “an income-based jobseeker’s allowance” has the meaning given to it by Article 3(4) of the Jobseekers (Northern Ireland) Order 1995 ; . Amendment of regulation 15 of the principal Regulations 3 1 Regulation 15 of the principal Regulations (sight tests-eligibility) shall be amended as follows. 2 In paragraph (2)— a in sub-paragraph ( g ) the words from “and his” to the end shall be omitted; and b after sub-paragraph ( h ), there shall be added— i he is in receipt of an income-based jobseeker’s allowance; or j he is a member of the same family as a person described in sub-paragraph ( i ). . 3 In paragraph (3), after sub-paragraph ( c ) there shall be added— and it has the meaning given to it by Article 2(2) of the Jobseekers (Northern Ireland) Order 1995 in the case of paragraph (2)( j ). . Sealed with the Official Seal of the Department of Health and Social Services on 10th September 1996. J. R. Kearney Assistant Secretary Sealed with the Official Seal of the Department Finance and Personnel on 10th September 1996. D. Thomson Assistant Secretary