text:
Title, commencement and extent
1
1
These Regulations may be cited as the Environmental Impact Assessment (Land Drainage Improvement Works) Regulations 1999 and shall come into force on 21st July 1999.
2
These Regulations apply to England and Wales.
Interpretation
2
1
In these Regulations–
“the appropriate Authority” means, in relation to England, the Minister of Agriculture, Fisheries and Food, and in relation to Wales, the National Assembly for Wales;
“consultation bodies” means–
in relation to improvement works which are to be carried out in England, the Nature Conservancy Council for England and the Countryside Agency ;
in relation to improvement works which are to be carried out in Wales, the Countryside Council for Wales ; and
any other public authority, statutory body or organisation which, in the opinion of the drainage body proposing any improvement works, has an interest in those improvement works;
“the Directive” means Council Directive 85/337/ EEC as amended by Council Directive 97/11/ EC on the assessment of the effects of certain public and private projects on the environment;
“district” includes metropolitan district;
“drainage” includes defence against water including sea water;
“drainage body” means any of the following public authorities which initiates improvement works, namely–
the Environment Agency ;
an internal drainage board; and
the council of a county, a county borough, a district or a London borough, the Common Council of the City of London or the Council of the Isles of Scilly;
“ EEA State” means a State which is a 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;
“environmental statement” means a statement–
that includes such of the information referred to in Schedule 1 as is reasonably required to assess the environmental effects of the improvement works and which the drainage body can, having regard in particular to current knowledge and methods of assessment, reasonably be required to compile, but
that includes at least the following–
a description of the improvement works comprising information on the site, design and size of the improvement works;
a description of the measures envisaged in order to avoid, reduce and, if possible, remedy significant adverse effects;
the data required to identify and assess the main effects which the improvement works are likely to have on the environment;
an outline of the main alternatives studied by the drainage body and an indication of the main reasons for their choice, taking into account the environmental effects;
a non-technical summary of the information provided under sub-paragraphs (i) to (iv) above;
“improvement works” means works which are–
the subject of a project to deepen, widen, straighten or otherwise improve any existing watercourse or remove or alter mill dams, weirs or other obstructions to watercourses, or raise, widen or otherwise improve any existing drainage work; and
permitted development by virtue of Part 14 or 15 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995 ;
“watercourse” includes any river and stream and any ditch, drain, cut, culvert, dike, sluice, sewer (other than public sewer as defined in section 219(1) of the Water Industry Act 1991 ) and any passage through which water flows.
2
Expressions used in these Regulations and in the Directive shall have the same meaning in these Regulations as they have in the Directive.
3
Any reference in these Regulations to a numbered regulation or Schedule is a reference to the regulation in or Schedule to these Regulations bearing that number.
Restriction on improvement works
3
1
Subject to paragraph (2) below, a drainage body shall not carry out any improvement works unless–
a
they have complied with the requirements of these Regulations in relation to those improvement works; and
b
where a proposal is referred to the appropriate Authority under regulation 12(4)–
i
that Authority has consented to the carrying out of the improvement works; and
ii
the works are carried out in accordance with any conditions to which the consent is subject.
2
In accordance with Article 2(3) of the Directive, the appropriate Authority may direct that particular improvement works are exempted from the application of these Regulations.
3
No direction shall be made under paragraph (2) above where either the appropriate Authority or the drainage body are aware that the proposed improvement works would be likely to have significant effects on the environment of another EEA State.
4
Where the appropriate Authority makes a direction under paragraph (2) above it shall–
a
send a copy of the direction to the drainage body; and
b
publish in at least two newspapers local to the site of the proposed improvement works a notice which briefly describes the proposed works, explains the effect of the direction and explains the reasons for it.
Determination of whether improvement works have significant effects on the environment
4
In relation to all improvement works, the drainage body, taking into account the selection criteria in Schedule 2, shall determine whether the proposed improvement works are likely to have significant effects on the environment.
Requirements where a drainage body consider improvement works are not likely to have significant effects on the environment
5
1
Where, under regulation 4 above, a drainage body consider that the improvement works are not likely to have significant effects on the environment, they shall, by notice in at least two local newspapers–
a
announce that they propose to carry out the improvement works in question;
b
describe briefly the nature, size and location of the proposed improvement works;
c
state that they do not intend to prepare an environmental statement in respect of the proposed improvement works; and
d
give notice that any person who wishes to do so should make representations to them in writing in relation to the likely environmental effects of the proposed improvement works at an address specified in the notice within 28 days of the date of publication of the notice.
2
A drainage body which publishes a notice under paragraph (1) above shall, on or before the date of such publication, supply a copy of the notice to each of the consultation bodies so that they have an opportunity to make representations in relation to the likely environmental effects of the proposed improvement works before expiry of the period specified in the notice.
3
Where, within the period provided for in paragraph (1)(d) above, no representations have been made to the effect that the works are likely to have significant effects on the environment, the drainage body may proceed to carry out the improvement works.
4
Where, following the period provided for in paragraph (1)(d) above, the drainage body consider (whether in the light of any representations or otherwise) that the improvement works are likely to have significant effects on the environment, they shall so determine.
5
Where, within the period provided in paragraph (1)(d) above, any representations have been made to the effect that the works are likely to have significant effects on the environment and, notwithstanding those representations, the drainage body still consider that the improvement works are not likely to have significant effects on the environment, they shall apply to the appropriate Authority for a determination of whether the improvement works are likely to have significant effects on the environment and shall provide the Authority with all the relevant facts and copies of all relevant documents in their possession.
6
Where the appropriate Authority considers that the information and copy documents provided in accordance with paragraph (5) above do not provide sufficient information to enable a determination to be made, that Authority shall notify the drainage body in writing of the points on which further information is required and may make a written request to the drainage body for such information as they may be able to provide on the points raised.
7
Where an application is made to the appropriate Authority under paragraph (5) above, that Authority shall, taking into account the selection criteria in Schedule 2, determine whether the improvement works are likely to have significant effects on the environment and shall inform the drainage body in writing of their determination.
Notification of determination that improvement works are likely to have significant effects on the environment
6
1
This regulation applies where–
a
under regulation 4 or 5(4) above, a drainage body determine that improvement works are likely to have significant effects on the environment; or
b
under regulation 5(7) above, the appropriate Authority determines that improvement works are likely to have significant effects on the environment.
2
In any case to which this regulation applies, the drainage body shall by notice in at least two local newspapers–
a
describe briefly the nature, size and location of the proposed improvement works;
b
state that the works are likely to have significant effects on the environment and that the drainage body intend to prepare an environmental statement in respect of them.
3
A drainage body which publishes a notice under paragraph (2) above shall, on or before the date of such publication, supply a copy of the notice to each of the consultation bodies.
Preparation of environmental statement
7
A drainage body shall prepare an environmental statement in any case to which regulation 6 applies.
Request as to the information to be included in an environmental statement
8
1
A drainage body may request the appropriate Authority to give an opinion as to the information to be contained in the environmental statement required for particular improvement works.
2
Where a drainage body requests an opinion under paragraph (1) above before a determination has been made, the appropriate Authority shall deal with the request on the assumption that the improvement works will have significant effects on the environment.
3
Before giving an opinion under paragraph (1) above, the appropriate Authority shall consult the drainage body and the consultation bodies.
4
Giving an opinion under this regulation shall not preclude the appropriate Authority from requesting further information from the drainage body concerned under regulation 12(5).
Assistance in preparation of environmental statements
9
1
Subject to paragraph (2) below and to regulation 13, where a drainage body is required to prepare an environmental statement by virtue of regulation 7, the drainage body may enter into consultation with any other authority to determine whether that authority has in its possession any information which may be relevant to the preparation of the environmental statement and if the authority has such information, the authority shall make such information available to the drainage body.
2
Paragraph (1) above shall not require the disclosure of information which is capable of being treated as confidential, or must be so treated, under regulation 4 of the Environmental Information Regulations 1992 .
Publicity for environmental statements
10
1
Where a drainage body has prepared an environmental statement in accordance with these Regulations, they shall publish a notice in accordance with paragraphs (2) and (3) below.
2
The notice shall–
a
announce that the statement has been prepared and give details of the place and times where copies may be inspected;
b
state that any person wishing to make representations in relation to the likely environmental effects of the improvement works to which the statement relates shall make them in writing to the drainage body at the address specified in the notice within 28 days from the publication of the notice; and
c
state that where no objection in relation to the likely environmental effects of the works are made and the drainage body, having undertaken the assessment specified in regulation 12(1) below, consider that the improvement works should proceed, they may so determine.
3
The notice shall be published in such newspapers (not being less than two) as the drainage body consider necessary to ensure that the environmental statement is made available to the public and in order to give the public concerned the opportunity to express an opinion before a determination is made as to whether the improvement works should proceed.
4
On or before the date of publication of the notice referred to in paragraph (1) above, the drainage body shall supply a copy of the environmental statement and notice to each of the consultation bodies so that they have an opportunity to make representations on the likely environmental effects of the improvement works to which the statement relates before expiry of the period specified in the notice.
5
The drainage body shall provide a copy of the environmental statement to any other person who so requests.
Information for another EEA State
11
Schedule 3 shall have effect in relation to improvement works which may have significant effects on the environment of another EEA State.
Determination of whether improvement works should proceed
12
1
On expiry of the period specified in the notice published under regulation 10(1), the drainage body shall assess, in the light of the environmental statement and any representations made in accordance with regulation 10 or Schedule 3, the direct and indirect effects of the proposed improvement works on the environmental factors specified in Schedule 4.
2
Where–
a
no objection in relation to the likely environmental effects of the improvement works has been made; or
b
any such objection has been withdrawn,
and the drainage body, having undertaken the assessment specified in paragraph (1) above, consider that the improvement works should proceed, they may so determine (and may so determine subject to conditions).
3
Where a drainage body have determined–
a
in accordance with paragraph (2) above, that they should proceed with the works or that they should proceed subject to conditions, or
b
that they should not so proceed, they shall, by notice in at least two local newspapers or by such other means as are reasonable in the circumstances,–
A
inform the public of the determination, and
B
give details of the place and times where the public may inspect a statement of–
i
their determination and any conditions to which it is subject;
ii
the main reasons and considerations upon which their determination was based; and
iii
where necessary, a description of the main measures to avoid, reduce and, if possible, offset the major adverse effects of the improvement works.
4
Where a drainage body, having undertaken the assessment specified in paragraph (1) above, consider that the improvement works should proceed but objections to those works made in relation to their likely environmental effects have not been withdrawn, they shall refer the proposal for works together with the environmental statement and any representations on it to the appropriate Authority for determination.
5
Where the appropriate Authority considers that the information supplied in accordance with paragraph (4) above does not provide sufficient information to enable a determination to be made, that Authority shall notify the drainage body in writing of the points on which further information is required and may make a written request to that body for such information as they may be able to provide on the points raised.
6
Where, in accordance with paragraph (5) above, the appropriate Authority requests further information from a drainage body, the body shall, no later than the time when it provides that information to the appropriate Authority,–
a
by notice, published in such newspapers (not being less than two) as the drainage body consider necessary to ensure that the further information is made available to the public and in order to give the public concerned the opportunity to express an opinion before a determination is made as to whether the improvement works should proceed,–
i
announce that the further information is available and give details of the place and times where a copy may be inspected; and
ii
state that any person who wishes to make representations on the likely environmental effects of the improvement works to which the further information relates should make them in writing to the appropriate Authority at the address specified in the notice within 28 days of the date of the publication of the notice;
b
on or before the date of publication of the notice, supply a copy of the further information and notice to each of the consultation bodies so that they have an opportunity to make representations to the appropriate Authority on the likely environmental effects of the improvement works to which the further information relates before expiry of the period specified in the notice; and
c
provide a copy of the further information to any other person who so requests.
7
The appropriate Authority shall–
a
assess, in the light of the environmental statement, any further information provided in response to a request under paragraph (5) above and any representations in accordance with regulation 10, Schedule 3 or paragraph (6) above, the direct and indirect effects of the proposed improvement works on the environmental factors specified in Schedule 4;
b
having regard to the assessment under sub-paragraph (a) above,
i
consent to the carrying out of the works absolutely or subject to such conditions as the Authority considers appropriate, or
ii
refuse consent to the works; and
c
send to the drainage body a statement in writing of–
i
the Authority’s determination under sub-paragraph (b) above and any conditions attached to it;
ii
the main reasons and considerations upon which it was based; and
iii
where necessary, a description of the main measures to avoid, reduce and, if possible, offset the major adverse effects of the improvement works.
8
The drainage body shall by notice in at least two local newspapers, or by such other means as are reasonable in the circumstances,–
a
inform the public of the appropriate Authority’s determination under paragraph (7)(b) above; and
b
give details of the place and times where the public may inspect a copy of the statement sent to them under paragraph (7)(c) above.
Charges
13
1
A reasonable charge reflecting printing and distribution costs may be made to–
a
a consultation body for any copy of the whole or part of–
i
an environmental statement provided in addition to the copy supplied in accordance with regulation 10(4); or
ii
further information provided in addition to the copy supplied in accordance with regulation 12(6)(b); and
b
any other person for a copy of the whole or part of–
i
an environmental statement provided in accordance with regulation 10(5); or
ii
further information provided in accordance with regulation 12(6)(c).
2
Regulation 9(1) shall not prevent an authority imposing a reasonable charge for the identification, preparation and copying of any information or making the payment of such a charge a condition of providing the information.
Enforcement
14
1
If a drainage body carries out improvement works–
a
without complying with the requirements of these Regulations; or
b
without the consent of the appropriate Authority under regulation 12(7) where a proposal is referred to that Authority under regulation 12(4), or in breach of a condition to which such consent is subject,
the appropriate Authority may apply to the Court for any of the following orders–
i
that the drainage body shall not proceed further with the improvement works;
ii
that the drainage body shall remove any work carried out;
iii
that the drainage body shall reinstate the site in accordance with the reasonable requirements of the appropriate Authority.
2
An order made under paragraph 1(ii) or (iii) above may provide that, if the drainage body fails to comply with the order within a specified period, the appropriate Authority may remove any work carried out and reinstate the site and may recover the reasonable costs and expenses of doing so from the drainage body as a debt due from that body.
3
In this regulation, “the Court” means the County Court for the district in which improvement works are being carried out or the High Court.
Revocations, savings and amendments
15
1
Subject to paragraph (2) below, the Land Drainage Improvement Works (Assessment of Environmental Effects) Regulations 1988 and the Land Drainage Improvement Works (Assessment of Environmental Effects) (Amendment) Regulations 1995 are hereby revoked.
2
Nothing in paragraph (1) above shall affect the continued application of the Land Drainage Improvement Works (Assessment of Environmental Effects) Regulations 1988 (hereinafter called “the 1988 Regulations ”) to any proposed improvement works in respect of which, before the date of coming into force of these Regulations, a drainage body–
a
under paragraph (2) of regulation 3 of the 1988 Regulations, have considered whether those works are likely to have significant effects on the environment; and
b
under paragraph (3) or (4) of that regulation, have published a notice of their intention to prepare or not to prepare an environmental statement, as the case may be.
3
In article 3(12)(b) of the Town and Country Planning (General Permitted Development) Order 1995 for the words “the Land Drainage Improvement Works (Assessment of Environmental Effects) Regulations 1988” there shall be substituted the words “the Environmental Impact Assessment (Land Drainage Improvement Works) Regulations 1999”.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
22nd June 1999
Signed by the authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under-Secretary of State, Welsh Office
22nd June 1999


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Bath Mental Health Care National Health Service Trust (Establishment) Amendment Order 1999 and shall come into force on 1st April 1999.
2
In this Order–
“ the Order ” means the Bath Mental Health Care National Health Service Trust (Establishment) Order 1991 ;
“ the trust ” means the National Health Service trust established by the Order.
Change of name of NHS trust
2
The trust shall be called the Avon and Western Wiltshire Mental Health Care National Health Service Trust instead of the Bath Mental Health Care National Health Service Trust, and accordingly in Article 1 of the Order in the definition of “the trust”, and in Article 2 of the Order, for the word “Bath” there shall be substituted the words “Avon and Western Wiltshire”.
Additional non-executive director
3
In article 4 of the Order (directors of the trust), for “5 non-executive” there shall be substituted “6 non-executive”.
Transitional provisions
4
The change of name under this Order shall not–
a
affect any right or obligation of any person; or
b
be taken as invalidating any instrument (whether made before, on or after the day on which this Order comes into force) which refers to the trust by its previous name, and all instruments and other documents which refer to the trust under its previous name shall be construed as referring to it under its new name.
Frank Dobson
One of Her Majesty’s Principal Secretaries of State,
Department of Health
18th March 1999


text:
Citation and commencement
1
These Regulations may be cited as the Telecommunications (Licence Modification) (Kingston Communications (Hull) PLC) Regulations 1999 and shall come into force on 27th September 1999.
Interpretation
2
In these Regulations —
“the 1984 Act ” means the Telecommunications Act 1984 ;
“Kingston” means Kingston Communications (Hull) PLC;
“the Kingston licence” means the licence granted by the Secretary of State under section 7 of the 1984 Act to Kingston on 30 November 1987 to run the telecommunication systems referred to in Annex A thereof;
“the former licence” means the Kingston licence in the form it was in immediately before the coming into force of these Regulations;
“the modified licence” means the Kingston licence as amended by these Regulations; and
“the standard Schedules” means the Schedules to the Telecommunications (Licence Modification)(Standard Schedules) Regulations 1999 .
Modification of the Kingston licence
3
The Kingston licence shall be amended as follows: —
a
for the Table of Contents there shall be substituted the Table of Contents set out in Schedule 1 hereto;
b
For paragraphs 1 to 3 there shall be substituted the following paragraphs —
1
The Secretary of State, in exercise of the powers conferred on him by section 7 of the Telecommunications Act 1984 (hereinafter referred to as “the Act”) and after consulting the Director hereby grants to Kingston Communications (Hull) Plc (hereinafter referred to as “the Licensee”) a licence for the period specified in paragraph 3, subject to the Conditions set out in Schedule 1 and to revocation as provided for in paragraph 3 and in Schedule 2, to run telecommunication systems specified in Annex A within the Licensed Area (“the Applicable Systems”) and authorises the Licensee to do all or any of the acts specified in Schedule 3.
2
The Telecommunications Code contained in Schedule 2 to the Act shall apply to the Licensee for all purposes except those not relating to the Applicable Systems and subject to the other exceptions and conditions set out in Schedule 4 for so long as the Licence granted to it is one to which section 8 of the Act applies.
Duration
3
This Licence shall enter into force on 1st January 1988 and shall continue in force until 24th June 2009 in the first instance but, without prejudice to Schedule 2 to this Licence, shall be subject to revocation thereafter on ten years' notice in writing of such revocation and such notice shall accordingly not be given before 25th June 1999.
Interpretation
4
The Interpretation Act 1978 shall apply for the purpose of interpreting this Licence as if it were an Act of Parliament. In this Licence, except as hereinafter provided or unless the context otherwise requires, words or expressions shall have the meaning assigned to them and otherwise any word or expression shall have the same meaning as it has in the Act. For the purpose of interpreting this Licence, headings and titles shall be disregarded.
5
In this Licence, “Licence” means a licence granted or having effect as if granted under section 7 of the Act and the “Licensed Area” means the area outlined in red on the map attached at Annex B to this Licence.
6
For the purposes of this Licence the “Applicable Systems” means any or all of the telecommunication systems run by the Licensee under this Licence unless the context otherwise requires.
7
Where this Licence provides for any power of the Secretary of State or the Director to give any direction, notice or consent or for the Director to make any specification, designation or determination, it implies, unless a contrary intention appears, a power exercisable in the same manner and subject to the same conditions or limitations, to revoke, amend or give or make again any such direction, notice, consent, specification, designation or determination; and any reference however expressed to the Director making any determination or giving any direction or consent about any matter shall be construed as making such determination or giving such direction or consent after consultation with the Licensee and where appropriate with any other person who may have a relevant interest in the matter to which the determination, direction or consent relates.
8
Any notification which is required to be given under this Licence by the Secretary of State or the Director shall be satisfied by serving the document by post on the Licensee at the Licensee’s registered office.
;
c
for Schedule 1 there shall be substituted Schedule 1 of the standard Schedules, subject to the amendments set out in Schedule 2 hereto;
d
for Schedule 2 there shall be substituted Schedule 2 of the standard Schedules;
e
for Schedule 3 there shall be substituted Schedule 3 of the standard Schedules;
f
for Schedule 4 there shall be substituted Schedule 4 of the standard Schedules; and
g
for Annex A there shall be substituted Annex A as set out in Schedule 3 hereto.
Transitional provisions
4
1
So far as anything done or treated as done under or for the purposes of any provision of the former licence could have been done under or for the purposes of the corresponding provision of the modified licence, it shall have effect as if done under or for the purposes of the corresponding provision; and any direction, notice, consent, specification, designation or determination or other decision made or having effect under any provision of the former licence shall be treated for all purposes as made and having effect under the corresponding provision.
2
Where any period of time specified in a provision of the former licence is current immediately before the coming into force of these Regulations, the corresponding provision of the modified licence shall have effect as if that period of time —
a
ran from the date or event from which it was running immediately before the coming into force of these Regulations, and
b
expired whenever it would have expired if the former licence had not been modified;
and any rights, liabilities, obligations or requirements dependent on the beginning, duration or end of such a period as mentioned above shall be under the modified licence as they were or would have been under the former licence.
Patricia Hewitt,
Minister of State for Small Business and E Commerce,
Department of Trade and Industry
3rd September 1999


text:
Citation and commencement
1
This Order may be cited as the Guaranteed Minimum Pensions Increase Order 1999 and shall come into force on 6th April 1999.
Increase of guaranteed minimum pensions
2
For the purposes of section 109(2) and (3) of the Pension Schemes Act 1993 the percentage by which there is to be an increase in the rate of that part of any guaranteed minimum pension which is attributable to earnings factors for the tax years in the relevant period shall be 3 per cent.
Signed by authority of the Secretary of State for Social Security.
Stephen C. Timms
Minister of State,
Department of Social Security
29th January 1999


text:
PART I
PRELIMINARY
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Maintained Special Schools) (England) Regulations 1999 and shall come into force on 1st September 1999.
2
These Regulations apply in relation to local education authorities and schools maintained by (or, in the case of new schools, proposed to be maintained by) local education authorities in England.
Interpretation
2
1
In these Regulations–
“ the Act ” means the School Standards and Framework Act 1998;
“the Transition Regulations ” means to Education (School Organisation Proposals) (Transition to New Framework) Regulations 1999 ;
“maintained special school” means a community or foundation special school;
and any reference to section 31, Schedule 6 or Schedule 7 is a reference to that section of, or Schedule to, the Act.
2
For the purposes of paragraph 4(2) of Schedule 6, in relation to maintained special schools, and these Regulations the date of publication of proposals is–
a
the date on which the requirements of regulation 5 are satisfied; or
b
where different requirements are satisfied on different days, on the last of such days.
PART II
ESTABLISHMENT, ALTERATION AND DISCONTINUANCE OF MAINTAINED SPECIAL SCHOOLS
Alterations for which proposals must be published
3
The alterations specified in Schedule 1 to these Regulations are prescribed as alterations for which proposals must be published under section 31(1)(b) or 31(2)(a).
Information to be contained in published proposals
4
1
This regulation prescribes for the purposes of section 31(3)(a) and paragraph 5(2)(a) of Schedule 7 (where the proposals relate to a maintained special school) the information which proposals published under section 31 or paragraph 5 of Schedule 7 must contain.
2
Proposals published under section 31 or paragraph 5(2) of Schedule 7 must contain the information specified in Part I of Schedule 2 to these Regulations together with–
a
the information specified in Part II of that Schedule where the proposals are to establish a new school; or
b
the information specified in Part III of that Schedule where the proposals are to make a prescribed alteration to a school; or
c
the information specified in Part IV of that Schedule where the proposals are to discontinue a school.
Manner of publication of proposals
5
1
This regulation prescribes for the purposes of section 31(3)(b) and for the purposes of paragraph 5(4) of Schedule 6 and paragraph 5(2)(b) of Schedule 7 (in both cases where the proposals relate to a maintained special school) the manner of publication of proposals required to be published under section 31, paragraph 5(4) of Schedule 6 or paragraph 5 of Schedule 7.
2
Any proposals for the establishment of a school shall be published in at least one newspaper circulating in the area of the local education authority who it is proposed should maintain the school.
3
Any proposals for the making of a prescribed alteration to a school or for the discontinuance of the school shall be published–
a
in at least one newspaper circulating in the area of the local education who maintain the school; and
b
by being posted at or near the main entrance to the school or, if there is more than one main entrance, all of them.
4
Any proposals that paragraph 5(1) of Schedule 6 (requirement to implement proposals) should cease to apply in relation to proposals published under section 31 shall be published–
a
in at least one newspaper circulating in the same area as that in which the newspaper in which the original proposals were published circulated; and
b
where the proposals relate to an existing school, by being posted at or near the main entrance to the school, or, if there is more than one main entrance, all of them.
Information to be sent to School Organisation Committee and Secretary of State
6
1
This regulation prescribes–
a
for the purposes of section 31(5)(b) the information in connection with proposals published under section 31, which must be sent to the school organisation committee; and
b
for the purposes of paragraphs 2(5) and 3(5) of Schedule 7 the information in connection with proposals published under section 31 pursuant to an order under paragraph 2 or 3 of Schedule 7 which must be sent to the Secretary of State.
2
Where proposals have been published under section 31 the relevant body shall send to the school organisation committee and, (where the proposals were published pursuant to an order under paragraph 2 or 3 of Schedule 7) to the Secretary of State, the information specified in Part II of Schedule 3 to these Regulations together with–
a
such of the information specified in Part III of that Schedule as applies to the proposals, where the proposals are to establish a new school;
b
such of the information specified in Part IV of that Schedule as applies to the proposals, where the proposals are to make a prescribed alteration to a school; and
c
such of the information specified in Part V of that Schedule as applies to the proposals, where the proposals are to discontinue a school.
Other bodies to whom proposals should be sent
7
1
This regulation prescribes, for the purposes of section 31(7) the bodies or persons to whom the relevant body shall also send a copy of any proposals to which section 31(5) applies.
2
The bodies or persons referred to in paragraph (1) are–
a
the Further Education Funding Council for England, if the proposals affect the provision of education to which section 2(1) of the Further and Higher Education Act 1992 applies;
b
where the proposals are published by the governing body of a foundation special school, the local education authority which maintains the school;
c
where the proposals are to make a prescribed alteration to, or discontinue, a school, each local education authority who maintain a statement of special educational needs under Part IV of the Education Act 1996 in respect of a registered pupil at the school;
d
where the proposals are for the establishment of a new school–
i
each local education authority whose area adjoins that of the authority who it is proposed should maintain the school, and
ii
where it is intended that the school should be situated in the area of a local education authority other than the authority whom it is proposed should maintain the school, the local education authority in whose area the school is proposed to be situated and any local education authority not falling within paragraph (i) of this sub-paragraph whose area adjoins the area of that local education authority;
e
where the proposals are for the transfer of a school to a new site in a different area–
i
the local education authority in whose area the proposed new site is to be situated, and
ii
each local education authority whose area adjoins the area in which the proposed new site is to be situated;
f
where the proposals are to make a prescribed alteration to or to discontinue a school, the registered parents of every registered pupil at the school;
g
any Local Health Authority which acts for any area which includes any part of the area of the local education authority who maintain or who it is proposed should maintain the school; and
h
any National Health Service Trust who have responsibility for the ownership or management of any hospital or other establishment or facilities in the area of the local education authority who maintain or who it is proposed should maintain the school.
Objections to proposals
8
1
This regulation–
a
prescribes for the purposes of paragraph 2(2)(a) and (3) of Schedule 6 and paragraph 7(2) of Schedule 7 the period within which objections to proposals mentioned in those paragraphs relating to maintained special schools may be sent; and
b
prescribes for the purposes of paragraph 2(2)(b) of Schedule 6 the period within which a local education authority must send copies of objections to proposals relating to maintained special schools.
2
Objections to proposals published under section 31 or paragraph 5 of Schedule 7 shall be sent to the local education authority or the relevant school organisation committee (as the case may be)–
a
within two months after the date of publication of the proposals, except where sub-paragraph (b) applies; and
b
within one month after the date of publication of the proposals, where–
i
the proposals are published under section 31 to make a prescribed alteration to or to discontinue a school to which section 15 of the Act applies, or
ii
the proposals are published under section 31 to establish a new school on the same site as a school to which section 15 applies and which it is proposed to discontinue.
3
The local education authority shall send copies of objections to proposals published under section 31 together with the authority’s observations on them to the relevant school organisation committee in accordance with paragraph 2(2)(b) of Schedule 6 within–
a
one month after the end of the objection period except where the proposals fall within paragraph (2)(b); and
b
two weeks after the end of the objection period where the proposals fall within paragraph (2)(b).
Approval of proposals with modifications after consultation
9
1
This Regulation prescribes, for the purpose of paragraph 3(2)(c) of the Schedule 6 or, as the case may be, that sub-paragraph as applied by paragraph 3(7) of that Schedule, the bodies with whom the school organisation committee or, as the case may be, an adjudicator, must consult before approving proposals relating to a maintained special school with modifications.
2
The bodies prescribed are the body who published the proposals; and
a
where the proposals were published by the governing body of a foundation special school, the local education authority who maintain the school; or
b
where the proposals were published by the local education authority to make a prescribed alteration to, or discontinue a foundation special school, the governing body of the school.
Conditional approvals
10
The following events are prescribed for the purposes of paragraph 3(3) of Schedule 6 and paragraphs 8(3) and 9(4) of Schedule 7 (which provide that approvals given under those paragraphs may be expressed to take effect only if an event specified in the approval occurs by a date so specified) in relation to approval of proposals relating to a maintained special school–
a
the grant of planning permission under Part III of the Town and Country Planning Act 1990 ;
b
the acquisition of a site on which a new school, a proposed enlargement of the premises of a school or other alteration to the premises of the school is to be constructed;
c
the acquisition of playing fields to be provided for the school;
d
the securing of any necessary access to a site referred to in sub-paragraph (b) or playing fields referred to in sub-paragraph (c);
e
the making of any scheme relating to any charity connected with the school or proposed school; and
f
the entering into of a private finance transaction within the meaning of regulation 16 of the Local Authorities (Capital Finance) Regulations 1997 .
Period after the expiry of which proposals must be referred to the adjudicator if requested
11
1
This regulation prescribes periods for the purposes of paragraphs 3(5) and 5(5) of Schedule 6 and paragraph 8(5) of Schedule 7 (which provide that if, by the end of such period as may be specified in or determined in accordance with regulations, a school organisation committee has not voted on certain questions and if the bodies referred to in those paragraphs so request, the committee shall refer the proposals or matter to the adjudicator) where the proposals relate to a maintained special school.
2
For the purposes of paragraph 3(5) of Schedule 6 the period, subject to paragraph (5), is the period ending–
a
where proposals were published by a local education authority, two months from the date on which the committee receive from the local education authority under paragraph 2(2)(b) of Schedule 6 and regulation 8(3), copies of all objections made together with the authority’s observations on them; and
b
where proposals were published by a governing body, two months from the end of the period within which objections may be sent to the committee in accordance with paragraph 2(3) of Schedule 6 and regulation 8(2);
or, if later, two months from the date on which the committee receive the information referred to in regulation 6.
3
For the purposes of paragraph 5(5) of Schedule 6 the period, subject to paragraph (5), is the period ending–
a
where the matter is a request for modification of proposals, one month from the date which the committee notify persons whom they consult (pursuant to paragraph 5(2) of Schedule 6 and regulation 12(3)) is to be the date by which responses to the consultation must be received;
b
where the matter is a request to specify a later date, one month from the date of the request; and
c
where the matter is a proposal for the committee to make a determination under paragraph 5(3) of Schedule 6 to the Act,
i
where the proposals were published by a local education authority, two months from the date on which the committee receive from the local education authority under paragraph 2(2)(b) of Schedule 6, as it has effect with the modifications specified in Schedule 4 to these Regulations, copies of the objections made together with the authority’s observations on them, and
ii
where the proposals were published by a governing body, two months from the end of the period within which objections may be sent to the committee in accordance with paragraph 2(3) of Schedule 6, as it has effect with the modifications specified in Schedule 4 to these Regulations, of, if later, two months from the date on which the committee receive the information specified in section 31(5) as it has effect with the modifications specified in Schedule 4 to these Regulations.
4
For the purposes of paragraph 8(5) of Schedule 7 the period, subject to paragraph (5), is two months from the date on which objections must be sent to the committee under paragraph 7 of Schedule 7 and regulation 8(2).
5
Where in the opinion of the committee any proposals or matter (“proposal A”) is related to other proposals or another matter (“proposal B”) and the period relating to proposal A determined in accordance with paragraph (2), (3) or (4) would end earlier than period relating to proposal B, then, despite paragraph (2), (3) or (4) the period relating to proposal A shall expire at the same time as the period relating to proposal B.
Modification of approved proposals
12
1
This regulation prescribes, for the purposes of paragraph 5(2) of Schedule 6 to the Act or, as the case may be, that sub-paragraph as applied by paragraph 5(7) of that Schedule the persons or body–
a
at whose request the school organisation committee or, as the case may be, the adjudicator may–
i
modify approved proposals relating to a maintained special school, or
ii
where approval of proposals in respect of a maintained special school was given in accordance with paragraph 3(3) of that Schedule (approval expressed to take effect only if an event specified in the approval occurs by a date so specified), specify a later date by which the event in question must occur; and
b
whom a school organisation committee or, as the case may be, an adjudicator must consult before modifying approved proposals relating to a maintained special school.
2
A school organisation committee or an adjudicator may modify approved proposals or specify a later date at the request of the persons or body who published the proposals.
3
Before modifying approved proposals a school organisation committee or an adjudicator shall consult the body who published the proposals; and
a
where the proposals were published by the governing body of a foundation special school, the local education authority who maintain the school; or
b
where the proposals were published by the local education authority to make a prescribed alteration to, or discontinue a foundation special school, the governing body of the school.
4
In this regulation references to approved proposals include references to proposals which the local education authority have determined to implement under paragraph 4 of Schedule 6.
Provision of information
13
1
The school organisation committee shall, within two weeks of the date on which such proposals were sent to them, send to the Secretary of State a copy of all published proposals which are sent to them under section 31(5) (including proposals sent to the committee under section 31(5) as it has effect by virtue of Schedule 4 to these Regulations).
2
The school organisation committee shall, within the two weeks of the date on which they are notified of a determination made by a local education authority under paragraph 4(2) of Schedule 6, sent a copy of such notification to the Secretary of State.
3
The school organisation committee shall notify the following persons of each decision taken under paragraph 3(2) or 5(2) or (3) of Schedule 6 or paragraph 8(2) of Schedule 7 relating to a maintained special school;
a
the body who published the proposals;
b
(if different) the local education authority who maintain the school or (in the case of a new school) who it is proposed should maintain the school;
c
(if different) the governing body of the school to which the proposals relate;
d
subject to paragraph (7), each objector; and
e
the Secretary of State.
4
The school organisation committee shall notify the persons referred to in sub-paragraphs (a) to (c) and (e) of paragraph (3) if they refer any proposals or matter relating to a maintained special school to the adjudicator under paragraph 3(5) or (6), or 5(5) or (6) of Schedule 6 or paragraph 8(5) or (6) of Schedule 7.
5
The adjudicator shall notify the persons referred to in paragraph (3) of each decision taken under paragraph 3(2) or 5(2) or (3) of Schedule 6 (as applied respectively by paragraphs 3(7) and 5(7) of that Schedule) relating to a maintained special school.
6
Where, pursuant to paragraph (3) the school organisation committee notify the persons referred to that paragraph of a decision they shall also give reasons for that decision.
7
Where objections to a proposal take the form of a petition (that is to say a document containing the text of one objection signed by more than one objector) the school organisation committee or the adjudicator may comply with paragraph (3) or (5) as the case may be by–
a
notifying the person (if any) who appears to them to have arranged for the petition to be sent to the local education authority or school organisation committee; or
b
if there is no such person, notifying the objector whose name appears first on the petition.
8
Where the proposals (“proposals A”) have been sent to a school organisation committee under section 31(5) or paragraph 5(3) of Schedule 7, and subsequently further proposals are sent to the committee under any of those provisions or under section 28(6) or 29(5) of the Act, which in the opinion of the committee are related to proposals A, the school organisation committee shall notify the body who published proposals A of that fact and of the effect of regulation 11(5).
9
Paragraph (5) shall not apply in relation to any decision provision for the notification of which is made by regulation 15 of the Education (Adjudicator’s Inquiry Procedure etc. ) Regulations 1999 .
Voting of committee on proposals
14
1
In this Regulation references to a group of members of the committee shall be construed in accordance with the Education (School Organisation Committees) (England) Regulations 1999 .
2
Each group of members shall collectively have a single vote in relation to any decision of the committee as to whether or not–
a
in the relation to proposals relating to a maintained special school, to give any approval under paragraph 3 of Schedule 6 or to–
i
modify any proposals,
ii
specify a later date, or
iii
make any determination,
under paragraph 5(2)(a) or (b) or (3) of that Schedule,
b
to make, vary or revoke a transitional exemption order under paragraph 21 of Schedule 6 or paragraph 16 of Schedule 7 in relation to proposals relating to a maintained special school;
c
to give any approval under paragraph 8 of Schedule 7 in relation to proposals relating to a maintained special school; or
d
to defer consideration of whether to make any decision or recommendation on any of the matters referred to in sub-paragraphs (a) to (c) above.
3
Each decision on any question referred to in paragraph (2) shall be a unanimous decision of those voting.
Time within which reference must be made to the adjudicator
15
1
Where by virtue of paragraph 3(5) or 5(5) of Schedule 6 or paragraph 8(5) of Schedule 7 to the Act the committee are required to refer any proposals or matter relating to a maintained special school to the adjudicator they shall do so within two weeks of the receipt of the request under any of those paragraphs.
2
Where by virtue of paragraph 3(6), 5(6) or 21(4)(a) of Schedule 6, or paragraph 8(6) of Schedule 7, the committee is required to refer any proposals or matter relating to a maintained special school to the adjudicator they shall do so within two weeks of the date on which the committee voted but failed to reach a unanimous decision or (in the case of proposals required to be referred to the adjudicator under paragraph 8(6)(b) of Schedule 7) within two weeks of the date on which the committee decided not to give any approval under paragraph 8 of the Schedule.
Application of and modification of provisions of the Act in special cases
16
Schedule 4 to these Regulations has effect for the purpose of applying, with modifications where specified, provisions of section 31 and Part I of Schedule 6 in relation to proposals published under paragraph 5(4) of Schedule 6 relating to a maintained special school.
Construction of certain references to School Organisation Committee, Adjudicator etc.
17
1
Where regulation 19(4) of the Transition Regulations applies, the reference in regulation 12 to the school organisation committee or, as the case may be, the adjudicator shall have effect as a reference to the Secretary of State.
2
Where Chapter II of Part II of the Act has effect with the modifications specified in the Schedule to the Transition Regulations–
a
references in regulations 6 and 8 to the school organisation committee shall have effect as references to the Secretary of State;
b
regulation 6(1)(b), the words “and (where the proposals were published pursuant to an order under paragraph 2 or 3 of Schedule 7) to the Secretary of State” in regulation 6(2) and regulations 11 and 15 shall not have effect.
c
references in regulations 9 and 12 to the school organisation committee or, as the case may be, the adjudicator shall have effect as references to the Secretary of State; and
d
the reference, in paragraph 3 of Schedule 2 to these Regulations, to paragraph 2 of Schedule 6 or, as the case may be, paragraph 7 of Schedule 7 shall have effect as a reference to those paragraphs with the modifications so specified and accordingly the reference in paragraph 3(b) of Schedule 2 to these Regulations to the school organisation committee shall have effect as a reference to the Secretary of State.
PART III
MISCELLANEOUS
Religious Education
18
Arrangements shall be made to secure that, so far as practicable, every pupil attending a maintained special school will attend daily collective worship and receive religious education, or will be withdrawn from attendance at such worship or from receiving such education in accordance with the wishes of his parent.
Admission to Special Schools
19
1
Subject to paragraph (2) below no child shall be admitted to a maintained special school unless–
a
a statement of special educational needs is maintained for him under Part IV of the Education Act 1996 ;
b
he is admitted for the purposes of an assessment of his special educational needs in accordance with section 323 of the Education Act 1996 and his admission to the school is with the agreement of the local education authority, the head teacher of the school, the child’s parent and any person whose advice is to be sought in accordance with regulation 6 of the Education (Special Educational Needs) Regulations 1994 ; or
c
he is admitted following a change in his circumstances, with the agreement of the local education authority, the head teacher of the school and the child’s parent.
2
A child may be admitted to a special school established in a hospital provided that he requires hospital treatment.
3
The admission of a child to a maintained special school in accordance with paragraph (1)(c) shall be reviewed at the end of every term.
Jacqui Smith
Parliamentary Under Secretary of State,
Department for Education and Employment
2nd August 1999


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Kent) (Borough of Swale) Order 1999 and shall come into force on 10th January 2000.
Interpretation
2
In this Order–
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
This Order applies to the Borough of Swale excluding the following roads:
a
the M2 Motorway for its whole length in the Borough;
b
the A2 trunk road from Brenley Corner to the point where it crosses the district boundary including its on and off slip roads;
c
the A249 trunk road from its junction with the M2 Motorway to its junction with the A250 including its on and off slip roads;
d
the A299 Clearway for its whole length in the Borough including its on and off slip roads.
Designation of permitted parking area and special parking area
4
The Secretary of State hereby designates the area to which this Order applies as–
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
Keith Hill
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
20th December 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Value Added Tax (Investment Gold) Order 1999 and shall come into force on 1st January 2000 and shall have effect in relation to supplies made on or after that date.
2
In this Order —
“the Commissioners” means the Commissioners of Customs and Excise;
“ the Act ” means the Value Added Tax Act 1994;
“relevant supply” means a supply of investment gold within the meaning of item 1 or 2 of Group 15 of Schedule 9 to the Act made by a taxable person, to another taxable person and “relevant supplies” shall be construed accordingly.
Exemption for investment gold
2
1
Schedule 9 to the Act shall be varied in accordance with the following paragraphs of this article.
2
In Part I there shall be inserted after the entry relating to Insurance the following entry — “Investment gold Group 15”.
3
In Part II after Group 14 there shall be added the following —
GROUP 15 — INVESTMENT GOLD
Item No.
1
The supply of investment gold.
2
The grant, assignment or surrender of any right, interest, or claim in, over or to investment gold if the right, interest or claim is or confers a right to the transfer of the possession of investment gold.
3
The supply, by a person acting as agent for a disclosed principal, of services consisting of —
a
the effecting of a supply falling within item 1 or 2 that is made by or to his principal, or
b
attempting to effect a supply falling within item 1 or 2 that is intended to be made by or to his principal but is not in fact made.
Notes:
1
For the purposes of this Group “investment gold” means —
a
gold of a purity not less than 995 thousandths that is in the form of a bar, or a wafer, of a weight accepted by the bullion markets;
b
a gold coin minted after 1800 that —
i
is of a purity of not less than 900 thousandths,
ii
is, or has been, legal tender in its country of origin, and
iii
is of a description of coin that is normally sold at a price that does not exceed 180% of the open market value of the gold contained in the coin; or
c
a gold coin of a description specified in a notice that has been published by the Commissioners for the purposes of this Group and has not been withdrawn.
2
A notice under Note (1)(c) may provide that a description specified in the notice has effect only for the purposes of supplies made at times falling within a period specified in the notice.
3
Item 2 does not include —
a
the grant of an option, or
b
the assignment or surrender of a right under an option at a time before the option is exercised.
4
This Group does not include a supply —
a
between members of the London Bullion Market Association, or
b
by a member of that Association to a taxable person who is not a member or by such a person to a member.
.
Election to waive exemption
3
1
Subject to paragraphs (2), (6), (7) and (8) below, where an election under this paragraph has effect in relation to a relevant supply by a taxable person who produces or transforms investment gold, which supply would (apart from this paragraph) fall within item 1 or 2 of Group 15 of Schedule 9 to the Act, the supply shall not fall within that Group.
2
An election under paragraph (1) above (or an election having the like effect) or an election under paragraph (5) below shall apply in respect of an individual relevant supply made and shall have effect on or after the day from which the election is made.
3
Subject to complying with such conditions as the Commissioners may direct in notices published by them for the purposes of this Order, the Commissioners may permit a taxable person to make elections in respect of relevant supplies by him of a description falling within paragraph (4) below having the like effect to an election under paragraph (1) above.
4
The supplies referred to in paragraph (3) above are those relevant supplies where the investment gold supplied falls within the description in Note (1)(a) contained in Group 15 of Schedule 9 to the Act, made by a taxable person who in the normal course of his business makes supplies of gold for industrial purposes.
5
Subject to paragraphs (6) to (8) below, where a taxable person has made a relevant supply in respect of which an election under paragraph (1) above (or an election having the like effect) has been made, the supply of services by his agent directly linked to the relevant supply and which supply of services would (apart from this paragraph) fall within item 3 of Group 15 of Schedule 9 to the Act shall, if the agent so elects, not fall within that Group.
6
A person making a relevant supply in respect of which an election to waive exemption under this article has been made shall comply with such conditions as the Commissioners may specify in notices published by them for the purposes of this Order including conditions relating to the notification of an election.
7
An election made under paragraph (1) above (or an election having the like effect) and an election made under paragraph (5) above shall be irrevocable.
8
Where the Commissioners have permitted a person to make elections under paragraph (3) above, they may withdraw that permission where it appears to them to be necessary to do so for the protection of the revenue and accordingly the permission shall cease to have effect from such date as may be specified in a notification from the Commissioners.
Customers to account for tax on supplies of investment gold
4
Section 55(1) to (4) of the Act shall apply to all supplies of a description which but for an election made under article 3 above would fall within item 1 or 2 of Group 15 of Schedule 9 to the Act.
Bob Ainsworth
David Jamieson
Two of the Lords Commissioners of Her Majesty’s Treasury
19th November 1999


text:
Citation and commencement
1
This Order may be cited as the Scotland Act 1998 (Transitory and Transitional Provisions) (Grants to Members and Officeholders) Order 1999, and shall come into force on 6th May 1999.
Period of application of this Order
2
This Order shall apply until the coming into force of provision, in accordance with section 81(3) of the Scotland Act 1998, for the payment of gratuities to persons ceasing to be members of the Scottish Parliament.
Resettlement grant for members
3
1
Any person who–
a
is a member of the Parliament immediately before its dissolution; and
b
at the general election consequent upon the dissolution either–
i
does not stand for return as a constituency member or as a regional member, or
ii
if he does, is not so returned,
shall be entitled to receive payment of a grant under this article.
2
The amount of the grant shall be equal to the relevant percentage of the annual salary payable to members of the Parliament immediately before the dissolution.
3
For the purposes of paragraph (2) “the relevant percentage” is that shown in the Schedule in relation to–
a
the person’s age at the dissolution; and
b
the number of complete years of his service as a member of the Parliament before the dissolution.
4
In determining a person’s length of service as a member of the Parliament, any period which was taken into account (or disregarded) in calculating the amount of grant previously payable to him under this article or under article 4 shall be disregarded.
Ill-health retirement grant for members
4
1
Any person who ceases to be a member of the Parliament by resigning his seat on grounds of ill-health before attaining the age of 65 may apply to the Parliamentary corporation for payment of a grant under this article.
2
If on an application under paragraph (1) the Parliamentary corporation is satisfied that–
a
the applicant does not intend to seek re-election to the Parliament;
b
his ceasing to be a member was a direct consequence of his ill-health; and
c
his ill-health is such as would prevent him from performing adequately the duties of a member of the Parliament,
the applicant shall, subject to paragraph (3), be entitled to receive payment of an amount equal to that which would have been payable under article 2 had that article been applicable to him on his ceasing to be a member of the Parliament.
3
In the event that a person is entitled to a grant under both articles 3 and 4 on his ceasing to be a member of the Parliament, only the grant under article 3 shall be payable.
Medical evidence for ill-health retirement grant
5
1
Every application under article 4(1) shall be accompanied by evidence from a medical practitioner of the applicant’s state of health.
2
In the case of any such application the Parliamentary corporation may require the applicant to undergo a medical examination by a medical practitioner nominated by it for the purpose; and the fees for any such examination shall be borne by the Parliamentary corporation or the applicant, as the Parliamentary corporation may determine.
Grants to persons ceasing to hold certain offices
6
1
Where a person who has not attained the age of 65–
a
ceases to hold a relevant office; and
b
does not again become the holder of a relevant office within a period of three weeks thereafter,
he shall be entitled to payment of a grant under this article.
2
The amount of the grant shall be an amount equal to one quarter of the annual salary that was being paid to that person in respect of that office immediately before he ceased to hold it.
3
No grant shall be payable under this article where a person has ceased to hold a relevant office on his death.
4
In this article “a relevant office” means the office of–
a
any member of the Scottish Executive, other than that of First Minister;
b
any of the Junior Scottish Ministers;
c
deputy Presiding Officer;
d
the Leader of the a Non-Executive Party; or
e
the Chief Business Manager of a qualifying party.
5
For the purposes of paragraph (4)–
“Chief Business Manager” means, in relation to qualifying party, the member of the Parliament from time to time nominated as such for the purposes of this Order by the Leader of that party;
“Leader” means, in relation to a qualifying party, the member of the Parliament who is for the time being the leader in the Parliament of that party;
“Non-Executive Party” means a qualifying party, other than any such party with which any member of the Parliament who is also a member of the Scottish Executive or a junior Scottish Minister is connected;
“qualifying party” means a registered political party with which at least 10 members of the Parliament are connected.
6
Where a person ceases on a dissolution of the Parliament to hold any office mentioned in paragraph (4)(d) or (e), paragraph (1)(b) shall have effect in relation to his ceasing to hold that office on the dissolution as if for the words “three weeks” there were substituted the words “six weeks”.
Payment of grant
7
Any grant payable under this Order shall be paid by the Parliamentary corporation.
Treatment of grant for tax purposes
8
Any grant paid under this Order shall, for the purposes of section 190 of the Income and Corporation Taxes Act 1988 , be deemed to have been paid under section 81(3) of the Scotland Act 1998.
Helen Liddell
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
29th March 1999


text:
Citation and commencement
1
This Order may be cited as the Family Proceedings Fees Order 1999 and shall come into force on 26th April 1999.
Interpretation
2
In this Order, unless the context otherwise requires–
a
a fee referred to by number means the fee so numbered in Schedule 1 to this Order;
b
a rule or form referred to by number alone means the rule or form so numbered in the Family Proceedings Rules 1991 ; and
c
expressions also used in the Family Proceedings Rules 1991 have the same meaning as in those Rules.
Fees to be taken
3
The fees set out in column 2 of Schedule 1 to this Order shall be taken in family proceedings in the High Court or in a county court in respect of the items described in column 1 in accordance with and subject to the directions specified in column 1.
Exemptions, reductions and remissions
4
1
No fee shall be payable under this Order by a party who, at the time when a fee would otherwise become payable–
a
is in receipt of legal advice and assistance under Part III of the Legal Aid Act 1988 in connection with the matter to which the proceedings relate, or
b
is in receipt of any qualifying benefit and is not in receipt of representation under Part IV of the Legal Aid Act 1988 for the purposes of the proceedings, or
c
is not a beneficiary of a trust fund in court of a value of more than £50,000 and is–
i
under the age of eighteen, or
ii
a person for whose financial relief an order under paragraph 2 of Schedule 1 to the Children Act 1989 is in force or is being applied for.
2
The following are qualifying benefits for the purposes of paragraph (1)(b) above–
a
income support;
b
family credit and disability working allowance under Part VII of the Social Security Contributions and Benefits Act 1992 ; and
c
income-based jobseeker’s allowance under the Jobseekers Act 1995 .
5
Where it appears to the Lord Chancellor that the payment of any fee prescribed by this Order would, owing to the exceptional circumstances of the particular case, involve undue hardship, he may reduce or remit the fee in that case.
6
Where by any convention entered into by Her Majesty with any foreign power it is provided that no fee shall be required to be paid in respect of any proceedings, the fees specified in this Order shall not be taken in respect of those proceedings.
Revocations
7
The Orders specified in Schedule 2 shall be revoked, except as to any fee or other sum due or payable under those Orders before the commencement of this Order.
Irvine of Lairg, C.
Dated 5th March 1999
We concur,
Clive J.C. Betts
Bob Ainsworth
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 8th March 1999


text:
Citation and commencement
1
This Order may be cited as the Downham and Bellingham Education Action Zone Order 1999 and shall come into force on 10th January 2000.
Interpretation
2
In this Order —
“zone school” means a school listed in Schedule 2 to this Order.
Constitution of education action zone
3
The schools listed in Schedule 2 to this Order shall constitute collectively an education action zone under the name of the Downham and Bellingham Education Action Zone (“the zone”) for the purposes of Chapter III of Part I of the School Standards and Framework Act 1998.
Education Action Forum
4
There shall be an Education Action Forum for the zone to be known as the Downham and Bellingham Education Action Forum (“the Forum”), the membership of which shall include —
a
either one or two persons appointed by the governing body of each zone school, unless any such governing body choose not to make such an appointment;
b
either one or two persons appointed by the Secretary of State;
c
either one or two persons appointed by the London Borough of Lewisham in their capacity as a local education authority;
d
up to seven persons appointed by the Downham and Bellingham EAZ Partners Consortium (c/o Lewisham Education Business Partnership, 3rd Floor, Romer House, 132 Lewisham High Street, SE13 6JB), unless the Consortium choose not to make such an appointment;
e
one person appointed by the Downham Pride Partnership Board (c/o Downham Library, Moorside Road, Bromley, Kent, BR1 5EP), unless the Board choose not to make such an appointment;
f
one person appointed by the Joint Consultative Committee of the London Borough of Lewisham Council from a teaching union to represent teachers working within zone schools; and
g
one person appointed by the Joint Consultative Committee of the London Borough of Lewisham Council from a non-teaching union to represent non-teaching staff working within zone schools.
5
The Forum may at any time appoint a maximum of four additional members from —
a
parents of registered pupils attending zone schools; and
b
persons representing the interests of the voluntary sector.
Disqualification for membership of the Forum
6
Articles 7 to 9 shall have effect for the purpose of prescribing the circumstances and cases in which a person is to be disqualified for holding, or continuing to hold, office as a member of the Forum.
Disqualification for membership of the Forum — bankruptcy etc.
7
1
Subject to the provisions of this article, a person shall be disqualified for holding, or for continuing to hold, office as a member of the Forum if he has been adjudged bankrupt or has made a composition or arrangement with his creditors; and a member, on becoming so disqualified, shall give written notice of the fact to the secretary to the Forum.
2
Where a person is disqualified by reason of his having been adjudged bankrupt, that disqualification shall cease —
a
unless the bankruptcy order made against that person is previously annulled, on his discharge from bankruptcy; and
b
if the bankruptcy order is so annulled, on the date of the annulment.
3
Where a person is disqualified by reason of his having made a composition or arrangement with his creditors and he pays his debts in full, the disqualification shall cease on the date on which the payment is completed and in any other case it shall cease on the expiration of three years from the date on which the terms of the deed of composition or arrangement are fulfilled.
Disqualification for membership of the Forum — criminal convictions
8
1
Subject to paragraph (2) a person shall be disqualified for holding, or for continuing to hold, office as a member of the Forum if —
a
within five years before his appointment would otherwise have taken effect or since his appointment, he has been convicted, whether in the United Kingdom or elsewhere, of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine;
b
within twenty years before his appointment would otherwise have taken effect, he has been convicted as aforesaid and has had passed on him a sentence of imprisonment for a period of more than two and a half years; or
c
he has at any time been convicted as aforesaid and has had passed on him a sentence of imprisonment of not less than five years.
2
For the purposes of this article there shall be disregarded any conviction by or before a court outside the United Kingdom of an offence in respect of conduct which, if it had taken place in any part of the United Kingdom, would not have constituted an offence under the law in force in that part of the United Kingdom.
Disqualification — absence from meetings
9
Any member of the Forum who, without the consent of the Forum, has failed to attend the meetings thereof for a continuous period of six months beginning with the date of a meeting shall, on the expiry of that period, be disqualified for continuing to be a member of the Forum without prejudice however, to his re-appointment.
Chairman’s tenure of office
10
The chairman of the Forum elected in accordance with paragraph 2 of Schedule 1 to the School Standards and Framework Act 1998, shall hold office for one year from the date of his election (unless he resigns his office earlier), without prejudice to his eligibility to be re-elected for a further such period.
Estelle Morris
Minister of State,
Department for Education and Employment
15th December 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the District of Wear Valley (Electoral Changes) Order 1999.
2
This Order shall come into force–
a
for the purpose of proceedings preliminary or relating to elections to be held on 1st May 2003, on 10th October 2002;
b
for all other purposes, on 1st May 2003.
3
In this Order–
“district” means the district of Wear Valley;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map prepared by the Department of the Environment, Transport and the Regions marked “Map of the District of Wear Valley (Electoral Changes) Order 1999”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of Wear Valley
2
1
The existing wards of the district shall be abolished.
2
The district shall be divided into nineteen wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes and parish wards, or parish wards or, where no area is so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, waterway or similar geographical feature, it shall be treated as running along the centre line of the feature.
Wards of the parish of Wolsingham
3
The parish of Wolsingham shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 2; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule, and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Revocation
4
The District of Wear Valley (Electoral Arrangements) Order 1979 is hereby revoked.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Beverley Hughes
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
7th September 1999


text:
1
These Regulations may be cited as the Dual-Use and Related Goods (Export Control) (Amendment No. 3) Regulations 1999 and shall come into force on 26th July 1999.
2
1
The following amendment shall be made in Schedule 2 to the Dual-Use and Related Goods (Export Control) Regulations 1996 .
2
In Category 1–Materials, Chemicals, Microorganisms & Toxins,
a
entry 1C950a shall be replaced by the following:–
a
Mixtures containing one or more of the chemicals specified in entries 1C350.1, .3, .5, .11, .12, .13, .17, .18, .21, .22, .26, .27, .28, .31, .32, .33, .34, .35, .36 and .54 of “Annex I” where the chemical constitutes more than 10% by weight of the mixture;
, and
b
in entry 1C950b, the words “mixtures containing any of the chemicals” shall be replaced by the words “mixtures containing one or more of the chemicals”.
Kim Howells
Parliamentary Under Secretary of State for Competition and Consumer Affairs,
Department of Trade and Industry
22nd July 1999


text:
Citation and commencement
1
These Regulations may be cited as the Licensing of Air Carriers Regulations 1999 and shall come into force on 6th September 1999.
Interpretation
2
In these Regulations–
a
“approval” means an approval under article 10 of the Council Regulation;
b
“ CAA ” means the Civil Aviation Authority; and
c
“Council Regulation” means Council Regulation ( EEC ) No. 2407/92 of 23rd July 1992 on licensing of air carriers .
Procedure on refusal etc of an approval
3
1
A decision to grant, vary, suspend, refuse or revoke an approval may be made on behalf of the CAA only by a member or employee of the CAA.
2
Subject to paragraph (9), where an application for an approval has been refused or granted in terms other than those requested by the applicant, the CAA shall serve on the applicant a notice stating the reasons for the decision and the applicant may, within 14 days after the date of service of that notice, request that the case be reviewed by the CAA.
3
Subject to paragraphs (8) and (9), where it is proposed to vary, suspend or revoke an approval otherwise than on the application of the holder, the CAA shall serve on the holder notice of the proposal together with the reasons for it and that person may within 14 days after the date of service of that notice serve on the CAA a request that the case be decided by the CAA.
4
The function of deciding a case where a request has been duly served on the CAA under paragraph (2) or (3) may not be performed on behalf of the CAA by any other person: and for the purpose of making a decision in such a case a quorum of the CAA shall be one member.
5
Where a request under paragraph (2) or (3) has been duly served, the CAA shall sit with such technical assessors to advise it as the CAA may appoint, but the CAA shall not appoint as an assessor any person who participated in the decision or proposal which is to be the subject of the CAA’s decision.
6
Where a request under paragraph (2) or (3) has been duly served, the CAA shall, before making a decision:–
a
consider any representations which have been served on it by the applicant or the holder of the approval, as the case may be, within 21 days after the date of service of the notice by the CAA; and
b
where the applicant or the holder of the approval, as the case may be, has requested the opportunity to make oral representations in his representations under sub-paragraph (a) above, afford him an opportunity to make such representations and consider them.
7
Where the CAA makes a decision pursuant to paragraph (4), the CAA shall serve a statement of its reasons on the applicant or the holder of the approval, as the case may be.
8
Paragraph (3) shall not apply where the CAA determines to provisionally suspend or vary an approval pending inquiry into or consideration of the case.
9
Paragraphs (2) and (3) shall not apply where the CAA refuses to grant an approval or grants an approval in terms other than those requested by the applicant or proposes to vary, suspend or revoke an approval pursuant to a direction given by the Secretary of State under section 6 of the Civil Aviation Act 1982 (Secretary of State’s directions in national interest, etc).
Service of documents
4
1
Anything required to be served on any person under regulation 3 shall be set out in a notice in writing which may be served by:–
a
delivering to that person;
b
leaving it at his proper address;
c
sending it by post to that address; or
d
sending it to him at that address by telex or other similar means which produce a document containing a text of the communication, in which event the document shall be regarded as served when it is received; and where the person is a body corporate the document may be served on the secretary of that body.
2
For the purposes of this regulation, the proper address of any person shall, in the case of a body corporate, be the registered or principal office of that body and in any other case be the last known address of the person to be served.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Chris Mullin
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
5th August 1999


text:
PART I
GENERAL
1
This Order may be cited as the European Communities (Immunities and Privileges of the North-East Atlantic Fisheries Commission) Order 1999. It shall come into force on the date on which the Headquarters Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the North-East Atlantic Fisheries Commission (“the Agreement”) enters into force. That date shall be notified in the London, Edinburgh and Belfast Gazettes.
2
In this Order:
“ the Commission ” means the Commission established by the Convention on Future Multilateral Co-operation in North-East Atlantic Fisheries known as the North-East Atlantic Fisheries Commission;
“official activities” in relation to the Commission means its administrative activities and those which it is authorised to undertake pursuant to the Convention on Future Multilateral Co-operation in North-East Atlantic Fisheries;
“the 1961 Convention Articles ” means that Articles (being certain Articles of the Vienna Convention on Diplomatic Relations signed in 1961) which are set out in Schedule 1 to the Diplomatic Privileges Act 1964 .
PART II
THE COMMISSION
3
The Commission shall have the legal capacities of a body corporate.
4
The Commission shall have the like inviolability in respect of its official archives and premises as, in accordance with the 1961 Convention Articles, is accorded in respect of the official archives and premises of a diplomatic mission.
5
Within the scope of its official activities, the Commission, its property, assets and income shall have exemption from taxes on income, capital gains tax and corporation tax.
6
The Commission shall have the like relief from rates on its official premises as, in accordance with Article 23 of the 1961 Convention Articles, is accorded in respect of the official premises of a diplomatic mission.
7
The Commission shall have relief, under arrangements made by the Secretary of State, by way of refund of value added tax paid on any official vehicle and value added tax paid on the supply of any good or services which are supplied for its official activities, such relief to be subject to compliance with such conditions as may be imposed in accordance with the arrangements.
8
The Commission shall have relief, under arrangements made by the Secretary of State, by way of a refund of insurance premium tax and air passenger duty paid by the Commission in the exercise of its official activities.
9
The Commission shall have exemption from all duties (whether of customs or excise) and taxes on the importation by it or on its behalf of goods necessary for the exercise of its official activities, such exemption to be subject to compliance with such conditions as the Commissioners of Customs and Excise may prescribe for the protection of the Revenue.
10
The Commission shall have exemption from prohibitions and restrictions on importation or exportation in the case of goods imported or exported by it and necessary for its official activities and in the case of its official publications, imported or exported by it.
11
The Commission shall have relief, under arrangements made by the Commissioners of Customs and Excise, by way of refund of duty (whether customs or excise) paid on imported hydrocarbon oil (within the meaning of the Hydrocarbon Oil Duties Act 1979 ) or value added tax paid on the importation of such oil which is bought in the United Kingdom and is necessary for the exercise of its official activities, such relief to be subject to compliance with such conditions as may be imposed in accordance with the arrangements.
PART III
REPRESENTATIVES
12
1
Except in so far as in any particular case any privilege or immunity is waived by the Member States which they represent, representatives of Member States of the Commission shall enjoy, while exercising their official functions and in the course of their journeys to and from the place of meeting:–
a
immunity from suit and legal process, even after the termination of their mission, in respect of acts, including words spoken and written, done by them in the exercise of their functions, except in the case of a motor traffic offence committed by a representative or in the case of damage caused by a motor vehicle belonging to or driven by such a representative;
b
the like inviolability for all their official papers and documents as is accorded to a diplomatic agent.
2
This Article shall not apply to any person as the representative of the United Kingdom or to any person who is a British citizen, a British Dependent Territories citizen, a British Overseas citizen or a British National (overseas).
PART IV
OFFICERS
13
Except in so far as in any particular case any privilege or immunity is waived by the Secretary of the Commission or, in the case of the Secretary, by the Commission, all officers of the Commission appointed or recruited for employment with the Commission and subject to its staff regulations, with the exception of experts, persons who are in the domestic service of the Commission and persons who are recruited locally and assigned to hourly rates of pay, shall enjoy;
a
immunity from suit and legal process in respect of acts done by them in the exercise of their functions, including words written or spoken, except in the case of a motor traffic offence committed by an officer or in the case of damage caused by a vehicle belonging to or driven by him;
b
as from the date on which the salaries and emoluments received by them as officers of the Commission become subject to taxation by the Commission for its benefit, exemption from income tax in respect of such salaries and emoluments, provided that nothing in this sub-paragraph shall be interpreted as precluding such salaries and emoluments from being taken into account for the purpose of assessing the amount of taxation to be applied to income from other sources;
c
unless they are British citizens, British Dependent Territories citizens, British Overseas citizens, British Nationals (overseas) or permanent residents in the United Kingdom, the like exemption from duties and taxes on the importation of furniture and personal effects (including one motor car each) which–
i
at the time when they first enter the United Kingdom to take up their post, are imported for their personal use or for their establishment, and
ii
were in their ownership or possession or which they were under contract to purchase immediately before they so entered the United Kingdom,
as in accordance with paragraph 1 of Article 36 of 1961 Convention Articles is accorded to a Diplomatic agent; and
d
unless they are British citizens, British Dependent Territories citizens, British Overseas citizens, British Nationals (overseas) or permanently resident in the United Kingdom, and provided that they are participating in a social security scheme established by the Commission or in another such scheme, exemptions whereby for the purposes of the enactments relating to social security, including enactments in force in Northern Ireland–
i
services rendered for the Commission by them shall be deemed to be excepted from any class of employment in respect of which contributions or premiums under those enactments are payable, but
ii
no person shall be rendered liable to pay any contribution or premium which he would not be required to pay if those services were not deemed to be so excepted.
A.K. Galloway
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Functions of Health Authorities and Administration Arrangements) Amendment Regulations 1999 and shall come into force on 1st April 1999.
2
In these Regulations, “the principal Regulations ” means the National Health Service (Functions of Health Authorities and Administration Arrangements) Regulations 1996 .
Amendment of the principal Regulations
2
1
The principal Regulations are amended in accordance with the following provisions of this regulation.
2
In regulation 2(1) (interpretation), after the definition of “the 1997 Act” the word “and” is omitted and there are inserted the following definitions–
“primary care group” means a committee appointed under regulation 14(1) of the Health Authorities (Membership and Procedure) Regulations 1996 in accordance with the Secretary of State’s directions of 15 October 1998 ;
“relevant Health Authority” means a Health Authority which is a relevant Health Authority under section 15 of the Act ;
.
3
In regulation 3 (functions exercisable by Health Authorities), in paragraph (1), for the words “regulation 4” there are substituted the words “regulations 3A and 4”.
4
After regulation 3 there is inserted the following new regulation–
Exercise of functions in adjoining areas: primary care groups
3A
1
This regulation applies where:
a
persons residing in the area of a Health Authority are on the list of a medical practitioner in respect of whom the relevant Health Authority is the Health Authority for another area, and
b
that relevant Health Authority has, in accordance with directions given by the Secretary of State, appointed a primary care group to exercise functions in relation to persons on the list of that medical practitioner residing in its own area.
2
Where this regulation applies, the primary care group appointed by the relevant Health Authority shall, in relation to the persons mentioned in sub-paragraph (1)(a), exercises on behalf of the first mentioned Authority the same functions as it exercise, in relation to the persons mentioned in sub-paragraph (1)(b), on behalf of the relevant Health Authority.
.
Signed by Authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
8th March 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Borough of Spelthorne (Electoral Changes) Order 1999.
2
This Order shall come into force–
a
for the purposes of all proceedings preliminary or relating to any election to be held on 1st May 2003, on 10th October 2002;
b
for all other purposes, on 1st May 2003.
3
In this Order–
“the borough” means the borough of Spelthorne;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map prepared by the Department of the Environment, Transport and the Regions marked “Map of the Borough of Spelthorne (Electoral Changes) Order 1999”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of Spelthorne
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into thirteen wards which shall bear the names–
Ashford Common
Ashford East
Ashford North and Stanwell South
Ashford Town
Halliford and Sunbury West
Laleham and Shepperton Green
Riverside and Laleham
Shepperton Town
Staines
Staines South
Stanwell North
Sunbury Common
Sunbury East.
3
Each ward shall comprise the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be three.
4
Where a boundary is shown on the map as running along a road, railway line, footway, waterway or similar geographical feature, it shall be treated as running along the centre line of the feature.
Revocation
3
The Borough of Spelthorne (Electoral Arrangements) Order 1976 is hereby revoked.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Beverley Hughes
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
6th September 1999


text:
PART I
GENERAL
Citation and commencement
1
These Regulations may be cited as the Education (Infant Class Sizes) (Grant) Regulations 1999, and shall come into force on 1st April 1999.
Interpretation
2
1
In these Regulations —
“the 1998 Act ” means the School Standards and Framework Act 1998;
“approved expenditure” means expenditure approved by the Secretary of State under regulation 3;
“infant class” has the meaning given by section 4 of the 1998 Act;
“infant class grant” means grant paid to a local education authority by the Secretary of State under regulation 3;
“relevant school”, in relation to a local education authority, means a school containing one or more infant classes which is —
in relation to any time before 1st September 1999 —
a county, voluntary or maintained special school maintained by that authority, or
a grant-maintained or grant-maintained special school situated within that authority’s area; and
in relation to any time on or after that date —
a community, foundation or voluntary school, or
a community or foundation special school,
maintained by that authority.
2
A reference in paragraph (1) to a county, voluntary, maintained special, grant-maintained or grant-maintained special school shall be construed in accordance with the Education Act 1996 .
PART II
PAYMENT OF GRANTS
Infant class grant
3
Subject to regulations 4 and 5, the Secretary of State may pay grants (“infant class grant”) to a local education authority in respect of expenditure incurred or to be incurred by them for the purpose of ensuring that the limit imposed by Regulations made under section 1 of the 1998 Act is complied with in relation to infant classes at relevant schools, but only to the extent to which that expenditure is approved by the Secretary of State for the purposes of this regulation.
Withholding of grant
4
The Secretary of State may not pay any infant class grant to a local education authority where no proposed arrangements by that authority have been approved by him under section 2 of the 1998 Act.
Determination of amount of grant
5
When determining whether any infant class grant (and if so, what amount) should be paid by him to a local education authority, the Secretary of State shall have regard to their proposed arrangements as so approved by him under section 2 of the 1998 Act.
Rate of grant
6
Grant paid under these Regulations may be of any amount (determined by the Secretary of State) up to 100 per cent. of the approved expenditure to which it relates.
Payment of Grant
7
Payments of grant under these Regulations shall be made at such times and in such instalments as the Secretary of State thinks appropriate.
PART III
SUPPLEMENTAL
Conditions of payment
8
The making of payments of grant under these Regulations shall be dependent upon the fulfilment of such conditions as may be specified by the Secretary of State.
Requirements to be observed
9
1
Any local education authority to whom infant class grant is paid shall comply with such requirements as may be determined by the Secretary of State in the case in question.
2
Without prejudice to the generality of paragraph (1), requirements determined under this regulation may include requirements as to —
a
the implementation of the proposed arrangements approved by him under section 2 of the 1998 Act;
b
the repayment of grant;
c
the payment to the Secretary of State of other sums related to the value of assets acquired, provided or improved with the aid of grant;
d
the payment of interest on sums due to the Secretary of State;
e
the keeping of such records and accounts, and the provision to the Secretary of State of such information, documents, returns and accounts as the Secretary of State may from time to time require.
3
The Secretary of State may determine to withdraw a requirement imposed under this regulation or, after consulting the local education authority upon whom it is imposed, to vary such a requirement.
Estelle Morris
Minister of State,Department for Education and Employment
4th January 1999
Peter Hain
Parliamentary Under Secretary of State, Welsh Office
7th January 1999