The Social Security (Persons From Abroad) Miscellaneous Amendments Regulations 1996 No. 30

Statutory Instruments

1996 No. 30

SOCIAL SECURITY

The Social Security (Persons From Abroad) Miscellaneous Amendments Regulations 1996

Made

11th January 1996

Laid before Parliament

11th January 1996

Coming into force

5th February 1996

The Secretary of State for Social Security, in exercise of powers conferred upon him by sections 64(1), 68(4)(c)(i), 70(4), 71(6), 123(1), 124(1), 128(1), 129(1), 130(1) and (2), 131(1) and (3), 135, 137(1) and (2)(a) and (i) and 175(1) and (3) to (5) of the Social Security Contributions and Benefits Act 1992M1 and section 5(1)(r) of the Social Security Administration Act 1992M2 and of all other powers enabling him in that behalf, and so far as they relate to housing benefit and council tax benefit after consultation with organisations appearing to him to be representative of the authorities concernedM3 , and after reference to the Social Security Advisory CommitteeM4 , hereby makes the following Regulations:—

Marginal Citations

M1 1992 c.4; sections 123(1)(e) and 131 of the Social Security Contributions and Benefits Act 1992 were substituted by the Local Government Finance Act 1992 (c.14), section 103 and Schedule 9, paragraphs 1(1) and 4. Section 137(1) which is an interpretation provision is cited because of the meaning assigned to the word "prescribed".

M2 1992 c.5.

M3 See the Social Security Administration Act 1992 (c.5), section 176(1).

M4 See the Social Security Administration Act 1992 (c.5), section 172(1).

Citation, commencement and interpretation E+W+S

1.—(1) These Regulations may be cited as the Social Security (Persons From Abroad) Miscellaneous Amendments Regulations 1996 and shall come into force on 5th February 1996.

(2) In these Regulations, unless the context otherwise requires —

• M5 “the Attendance Allowance Regulations" means the Social Security (Attendance Allowance) Regulations 1991;

• M6 “the Council Tax Benefit Regulations" means the Council Tax Benefit (General) Regulations 1992;

• M7 “the Disability Living Allowance Regulations" means the Social Security (Disability Living Allowance) Regulations 1991;

• M8 “the Disability Working Allowance Regulations" means the Disability Working Allowance (General) Regulations 199;1

• M9 “the Family Credit Regulations" means the Family Credit (General) Regulations 1987;

• M10 “the Housing Benefit Regulations" means the Housing Benefit (General) Regulations 1987;

• M11 “the Invalid Care Allowance Regulations" means the Social Security (Invalid Care Allowance) Regulations 1976;

• M12 “the Income Support Regulations" means the Income Support (General) Regulations 1987;

• M13 “the Payments on Account, Overpayments and Recovery Regulations" means the Social Security (Payments on account, Overpayments and Recovery) Regulations 1988;

• M14 “the Severe Disablement Allowance Regulations" means the Social Security (Severe Disablement Allowance) Regulations 1984.

Modifications etc. (not altering text)

C1 Reg. 1(2) modified (7.4.2003 for specified purposes) by The Child Benefit and Guardian’s Allowance (Administration) Regulations 2003 (S.I. 2003/492), regs. 1, 43, Sch. 3 Pt. 1 (with regs. 1(2), 44)

Marginal Citations

M5 S.I. 1991/2740, to which there are amendments not relevant to this regulation.

M6 S.I. 1992/1814, to which there are amendments not relevant to this regulation.

M7 S.I. 1991/2890, to which there are amendments not relevant to this regulation.

M8 S.I. 1991/2887, to which there are amendments not relevant to this regulation.

M9 S.I. 1987/1973, to which there are amendments not relevant to this regulation.

M10 S.I. 1987/1971, to which there are amendments not relevant to this regulation.

M11 S.I. 1976/409, to which there are amendments not relevant to this regulation.

M12 S.I. 1987/1967, to which there are amendments not relevant to this regulation.

M13 S.I. 1988/664, to which there are amendments not relevant to this regulation.

M14 S.I. 1984/1303, to which there are amendments not relevant to this regulation.

Amendment of regulation 2 of the Attendance Allowance Regulations E+W+S

2.  In regulation 2 of the Attendance Allowance Regulations (conditions as to residence and presence in Great Britain) —

(a) after paragraph (1)(a)(i) there shall be inserted—

“(ia) subject to paragraph (1A), his right to reside or remain in Great Britain is not subject to any limitation or condition, and; and”

(b) after paragraph (1) there shall be inserted—

“(1A) For the purposes of paragraph (1)(a)(ia), a person’s right to reside or remain in Great Britain is not to be treated as if it were subject to a limitation or condition if—

(a) he is 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 M15 , as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967; M16

(b) he is a person who has been granted exceptional leave outside the provisions of the immigration rules within the meaning of the Immigration Act 1971 M17 to remain in the United Kingdom by the Secretary of State;

(c) he is 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; M18

(d) he is a person who is—

(i) lawfully working in Great Britain and is a national of a State with which the Community has concluded an Agreement under article 238 M19 of the Treaty establishing the European Community M20 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; or

(e) he is a person in respect of whom there is an Order in Council under section 179 of the Social Security Administration Act 1992 M21 giving effect to a reciprocal agreement which, for the purposes of attendance allowance, has the effect that periods of presence or residence in another country are to be treated as periods of presence or residence in Great Britain..”

Marginal Citations

M15 Cmd. 9171.

M16 Cmnd. 3906.

M17 1971 c.77.

M18 OJ No. L 1, 3.1.1994, p.7.

M19 Article 238 was amended by article G(84) of the Treaty on European Union.

M20 The title of the Treaty of Rome was amended by Article G(1) of the Treaty on European Union.

M21 1992 c.5.

Amendment of regulation 4A of the Council Tax Benefit Regulations E+W+S

F1 3.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Reg. 3 revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 1 (with regs. 2, 3, Sch. 3, Sch. 4)

Amendment of regulation 2 of the Disability Living Allowance Regulations E+W+S

4.  In regulation 2 of the Disability Living Allowance Regulations M22 (conditions as to residence and presence in Great Britain)—

(a) after paragraph (1)(a)(i) there shall be inserted—

“(ia) subject to paragraph (1A), his right to reside or remain in Great Britain is not subject to any limitation or condition, and;”and

(b) after paragraph (1) there shall be inserted—

“(1A) For the purposes of paragraph (1)(a)(ia), a person’s right to reside or remain in Great Britain is not to be treated as if it were subject to a limitation or condition if—

(a) he is 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 M23 , as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967; M24

(b) he is a person who has been granted exceptional leave outside the provisions of the immigration rules within the meaning of the Immigration Act 1971 M25 to remain in the United Kingdom by the Secretary of State;

(c) he is 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; M26

(d) he is a person who is—

(i) lawfully working in Great Britain and is a national of a State with which the Community has concluded an Agreement under article 238 M27 of the Treaty establishing the European Community M28 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; or

(e) he is a person in respect of whom there is an Order in Council under section 179 of the Administration Act 1992 giving effect to a reciprocal agreement which, for the purposes of disability living allowance, has the effect that periods of presence or residence in another country are to be treated as periods of presence or residence in Great Britain..”

Marginal Citations

M22 Regulation 2 was amended by S.I. 1993/1939.

M23 Cmd. 9171.

M24 Cmnd. 3906.

M25 1971 c.77.

M26 OJ No. L 1, 3.1.1994, p.7.

M27 Article 238 was amended by article G(84) of the Treaty on European Union.

M28 The title of the Treaty of Rome was amended by Article G(1) of the Treaty on European Union.

Amendment of regulation 5 of the Disability Working Allowance Regulations E+W+S

5.  In regulation 5 of the Disability Working Allowance Regulations (circumstances in which a person is treated as being or as not being in Great Britain)—

(a) after paragraph (1)(a) there shall be inserted—

“(aa) subject to paragraph (1A), his right to reside or remain in Great Britain is not subject to any limitation or condition; and; and”

(b) after paragraph (1) there shall be inserted—

“(1A) For the purposes of paragraph (1)(aa), a person’s right to reside or remain in Great Britain is not to be treated as if it were subject to a limitation or condition if—

(a) he is 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 M29 , as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967; M30

(b) he is a person who has been granted exceptional leave outside the provisions of the immigration rules within the meaning of the Immigration Act 1971 M31 to remain in the United Kingdom by the Secretary of State;

(c) he is 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; M32 or

(d) he is a person who is—

(i) lawfully working in Great Britain and is a national of a State with which the Community has concluded an Agreement under article 238 M33 of the Treaty establishing the European Community M34 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..”

Marginal Citations

M29 Cmd. 9171.

M30 Cmnd. 3906.

M31 1971 c.77.

M32 OJ No. L 1, 3.1.1994, p.7.

M33 Article 238 was amended by article G(84) of the Treaty on European Union.

M34 The title of the Treaty of Rome was amended by Article G(1) of the Treaty on European Union.

Amendment of regulation 3 of the Family Credit Regulations E+W+S

6.  In regulation 3 of the Family Credit Regulations M35 (circumstances in which a person is treated as being or as not being in Great Britain)—

(a) after paragraph (1)(a) there shall be inserted—

“(aa) subject to paragraph (1A), his right to reside or remain in Great Britain is not subject to any limitation or condition, and; and”

(b) after paragraph (1) there shall be inserted—

“(1A) For the purposes of paragraph (1)(aa), a person’s right to reside or remain in Great Britain is not to be treated as if it were subject to a limitation or condition if—

(a) he is 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 M36 , as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967; M37

(b) he is a person who has been granted exceptional leave outside the provisions of the immigration rules within the meaning of the Immigration Act 1971 M38 to remain in the United Kingdom by the Secretary of State;

(c) he is 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; M39 or

(d) he is a person who is—

(i) lawfully working in Great Britain and is a national of a State with which the Community has concluded an Agreement under article 238 M40 of the Treaty establishing the European Community M41 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..”

Marginal Citations

M35 Regulation 3 was amended by S.I. 1991/2742.

M36 Cmd. 9171.

M37 Cmnd. 3906.

M38 1971 c.77.

M39 OJ No. L 1, 3.1.1994, p.7.

M40 Article 238 was amended by article G(84) of the Treaty on European Union.

M41 The title of the Treaty of Rome was amended by Article G(1) of the Treaty on European Union.

Amendment of regulation 7A of the Housing Benefit Regulations E+W+S

F2 7.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Reg. 7 revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 1 (with regs. 2, 3, Sch. 3, Sch. 4)

Amendment of the Income Support Regulations E+W+S

8.—(1) The Income Support Regulations shall be amended in accordance with the following paragraphs of this regulation.

(2) In regulation 21(3) M42 in the definition of “person from abroad", after sub-paragraph (h) there shall be added—

“; or

(i) has been given leave to enter, or remain in, the United Kingdom by the Secretary of State upon an undertaking given by another person or persons in writing in pursuance of immigration rules within the meaning of the Immigration Act 1971 M43 , , to be responsible for his maintenance and accommodation; and he has not been resident in the United Kingdom for a period of at least 5 years beginning from the date of entry or the date on which the undertaking was given in respect of him, whichever date is the later; or

(j) while he is a person to whom any of the definitions in sub-paragraphs (a) to (i) applies in his case, submits a claim to the Secretary of State, which is not finally determined, for asylum under the Convention;. ”M44

(3) In regulation 70 (urgent cases)—

(a) for sub-paragraph (c) of paragraph (3) there shall be substituted—

“(c) is a person to whom sub-paragraph (i) of that definition (sponsored immigrant) applies and the person or persons who gave the undertaking to provide for his maintenance and accommodation has, as the case may be have, died;;”

(b) sub-paragraphs (e) to (j) of paragraph (3) M45 shall be omitted;

(c) for sub-paragraph (a) of paragraph (3A) M46 there shall be substituted—

“(a) is an asylum seeker when he submits on his arrival (other than on his re-entry) in the United Kingdom from a country outside the Common Travel Area a claim for asylum to the Secretary of State 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 and that claim is recorded by the Secretary of State as having been made; or

(aa) becomes, while present in Great Britain, an asylum seeker when—

(i) 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

(ii) he submits, within a period of 3 months from the day that declaration was made, a claim for asylum to the Secretary of State under the Convention relating to the Status of Refugees, and

(iii) his claim for asylum under that Convention is recorded by the Secretary of State as having been made; and;”

(d) for sub-paragraph (b) of paragraph (3A) there shall be substituted—

“(b) ceases to be an asylum seeker—

(i) in the case of a claim for asylum which, on or after 5th February 1996, is recorded by the Secretary of State as having been determined (other than on appeal) or abandoned, on the date on which it is so recorded, or

(ii) in the case of a claim for asylum which is recorded as determined before 5th February 1996 and in respect of which there is either an appeal pending on 5th February 1996 or an appeal is made within the time limits specified in rule 5 of the Asylum Appeals (Procedure) Rules 1993 M47 , on the date on which that appeal is determined.; and”

(e) in paragraph (3B), at the end there shall be added—

“; and “the Common Travel Area" means the United Kingdom, the Channel Islands, the Isle of Man and the Republic of Ireland collectively...”

(4) In regulation 71 (applicable amounts in urgent cases), sub-paragraphs (b) to (f) of paragraph (2) shall be omitted.

Marginal Citations

M42 Paragraph 3 was amended by S.I. 1990/547, 1991/236, 1992/3147, 1993/315, 1994/1807 and 2139 and 1995/516.

M43 1971 c.77 as amended by the British Nationality Act 1981 (c.61).

M44 The Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and the Protocol to that Convention.

M45 Sub-paragraph (d) of paragraph (3) was omitted by S.I. 1993/1679.

M46 Paragraph (3A) was inserted by S.I. 1993/1679.

M47 S.I. 1993/1661.

Amendment of regulation 9 of the Invalid Care Allowance Regulations E+W+S

9.  In regulation 9 of the Invalid Care Allowance Regulations M48 (conditions relating to residence and presence in Great Britain)—

(a) after paragraph (1)(a) shall be inserted—

“(aa) subject to paragraph (1A), his right to reside or remain in Great Britain is not subject to any limitation or condition, and; and”

(b) after paragraph (1) there shall be inserted—

“(1A) For the purposes of paragraph (1)(aa), a person’s right to reside or remain in Great Britain is not to be treated as if it were subject to a limitation or condition if—

(a) he is 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 M49 , as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967; M50

(b) he is a person who has been granted exceptional leave outside the provisions of the immigration rules within the meaning of the Immigration Act 1971 M51 to remain in the United Kingdom by the Secretary of State;

(c) he is 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; M52 or

(d) he is a person who is—

(i) lawfully working in Great Britain and is a national of a State with which the Community has concluded an Agreement under article 238 M53 of the Treaty establishing the European Community M54 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..”

Marginal Citations

M48 Regulation 9 was amended by S.I. 1977/342 and 1991/2742.

M49 Cmd. 9171.

M50 Cmnd. 3906.

M51 1971 c.77.

M52 OJ No. L 1, 3.1.1994, p.7.

M53 Article 238 was amended by article G(84) of the Treaty on European Union.

M54 The title of the Treaty of Rome was amended by Article G(1) of the Treaty on European Union.

Amendment of regulation 2 of the Payments on Account, Overpayments and Recovery Regulations E+W+S

10.  In regulation 2 of the Payments on Account, Overpayments and Recovery Regulations M55 (making of interim payments) —

(a) in paragraph (1), at the beginning there shall be inserted the words “Subject to paragraph (1A),";

(b) after paragraph (1) there shall be inserted—

“(1A) Paragraph (1) shall not apply pending the determination of an appeal unless the Secretary of State is of the opinion that there is entitlement to benefit..”

Modifications etc. (not altering text)

C2 Reg. 10 modified (7.4.2003 for specified purposes) by The Child Benefit and Guardian’s Allowance (Administration) Regulations 2003 (S.I. 2003/492), regs. 1, 43, Sch. 3 Pt. 1 (with regs. 1(2), 44)

Marginal Citations

M55 Regulation 2 was amended by S.I. 1991/2742 and 1993/650.

Amendment of regulation 3 of the Severe Disablement Allowance Regulations E+W+S

11.  In regulation 3 of the Severe Disablement Allowance Regulations M56 (conditions relating to residence and presence)—

(a) after paragraph (1)(a)(i) there shall be inserted—

“(ia) subject to paragraph (1B), his right to reside or remain in Great Britain is not subject to any limitation or condition, and; and”

(b) after paragraph (1A) there shall be inserted—

“(1B) For the purposes of paragraph (1)(a)(ia), a person’s right to reside or remain in Great Britain is not to be treated as if it were subject to a limitation or condition if—

(a) he is 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 M57 , as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967; M58

(b) he is a person who has been granted exceptional leave outside the provisions of the immigration rules within the meaning of the Immigration Act 1971 M59 to remain in the United Kingdom by the Secretary of State;

(c) he is 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; M60 or

(d) he is a person who is—

(i) lawfully working in Great Britain and is a national of a State with which the Community has concluded an Agreement under article 238 M61 of the Treaty establishing the European Community M62 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..”

Marginal Citations

M56 Regulation 3 was amended by S.I. 1991/1747, 1992/704 and 1994/2947.

M57 Cmd. 9171.

M58 Cmnd. 3906.

M59 1971 c.77.

M60 OJ No. L 1, 3.1.1994, p.7.

M61 Article 238 was amended by article G(84) of the Treaty on European Union.

M62 The title of the Treaty of Rome was amended by Article G(1) of the Treaty on European Union.

Saving E+W+S

12.—(1) Where, before the coming into force of these Regulations, a person who becomes an asylum seeker under regulation 4A(5)(a)(i) of the Council Tax Benefit Regulations, regulation 7A(5)(a)(i) of the Housing Benefit Regulations or regulation 70(3A)(a) of the Income Support Regulations, as the case may be, is entitled to benefit under any of those Regulations, those provisions of those Regulations as then in force shall continue to have effect [F3 (both as regards him and as regards persons who are members of his family at the coming into force of these Regulations)] as if regulations 3(a) and (b), 7(a) and (b) or 8(2) and (3)(c), as the case may be, of these Regulations had not been made.

(2) Where, before the coming into force of these Regulations, a person, in respect of whom an undertaking was given by another person or persons to be responsible for his maintenance and accommodation, claimed benefit to which he is entitled, or is receiving benefit, under the Council Tax Benefit Regulations, the Housing Benefit Regulations or the Income Support Regulations, as the case may be, those Regulations as then in force shall have effect as if regulations 3, 7 or 8, as the case may be, of these Regulations had not been made.

F4 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Words in reg. 12(1) inserted (3.4.2000) by The Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 (S.I. 2000/636), regs. 1(1), 12(11)(a) (with reg. 12(11)(b))

F4 Reg. 12(3) revoked (3.4.2000) by The Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 (S.I. 2000/636), regs. 1(1), 13(2) (with reg. 12(10))

Modifications etc. (not altering text)

C3 Reg. 12(1) modified (24.7.1996) by Asylum and Immigration Act 1996 (c. 49), s. 13(3), Sch. 1 para. 5

Signed by authority of the Secretary of State for Social Security.

Roger Evans

Parliamentary Under-Secretary of State,

Department of Social Security

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the Social Security (Attendance Allowance) Regulations 1991 (S.I. 1991/2740), the Council Tax Benefit (General) Regulations 1992 (S.I. 1992/1814), the Social Security (Disability Living Allowance) Regulations 1991 (S.I. 1991/2890), the Disability Working Allowance (General) Regulations 1991 (S.I. 1991/2887), the Family Credit (General) Regulations 1987 (S.I. 1987/1973), the Housing Benefit (General) Regulations 1987 (S.I. 1987/1971), the Social Security (Invalid Care Allowance) Regulations 1976 (S.I. 1976/409), the Income Support (General) Regulations 1987 (S.I. 1987/1967), the Social Security (Payments on account, Overpayments and Recovery) Regulations 1988 (S.I. 1988/664) and the Social Security (Severe Disablement Allowance) Regulations 1984 (S.I. 1984/1303).

These Regulations exclude a person from entitlement to certain non-contributory benefits if his right to reside or remain in Great Britain is subject to any limitation or condition (regulations 2, 4, 5, 6, 9, and 11); make provision regarding interim payments in the course of an appeal (regulation 10); make provision in respect of asylum seekers and sponsored immigrants who, except in certain circumstances, are denied income related benefits (regulations 3, 7 and 8); and make saving provisions (regulation 12).

These Regulations do not impose a charge on business.

The Report of the Social Security Advisory Committee dated 8th December 1995 on the proposals referred to them, together with a statement showing the extent to which these Regulations give effect to the Report and in so far as they do not give effect to it, the reasons why not, are contained in Command Paper Cm. 3062, published by Her Majesty’s Stationery Office.