text:
PART 1
GENERAL
Citation, commencement and extent
1
1
These Regulations may be cited as the Town and Country Planning (Development Plan) (England) Regulations 1999 and shall come into force on 4th January 2000.
2
These Regulations extend to England only.
Interpretation
2
1
In these Regulations–
“the 1990 Act ” means the Town and Country Planning Act 1990;
“by advertisement” means by publication in the London Gazette and by local advertisement;
“by local advertisement” means by publication on at least one occasion in two successive weeks in a local newspaper circulating in the area of the local planning authority;
“national waste strategy” means any statement which contains the Secretary of State’s policies in relation to the recovery and disposal of waste in England, and which is made under section 44A of the Environmental Protection Act 1990 , or, pending the publication of the first such statement, any relevant waste disposal plan prepared under section 50 of that Act ;
“statutory plan” means a unitary development plan, structure plan, local plan, minerals local plan or waste local plan;
“statutory plan proposals” means proposals for a statutory plan or for the alteration or replacement of a statutory plan.
2
In these Regulations–
a
a reference to a section (other than to a section of a specific Act) is a reference to that section of the 1990 Act;
b
a reference to a numbered form is a reference to the correspondingly numbered form in the Schedule to these Regulations;
c
in relation to the making, alteration or replacement of a statutory plan by two or more local planning authorities jointly, a reference to a local planning authority shall be read as a reference to all of the local planning authorities making, altering or replacing the plan.
Application
3
These Regulations apply with respect to–
a
the form and content of unitary development plans and the procedure to be followed in connection with the making, alteration and replacement of such plans under Chapter I of Part II of the 1990 Act;
b
the form and content of structure plans and the procedure to be followed in connection with the alteration and replacement of such plans under Chapter II of Part II of the 1990 Act;
c
the form and content of local plans, minerals local plans and waste local plans and the procedure to be followed in connection with the making, alteration and replacement of such plans under Chapter II of Part II of the 1990 Act.
PART 2
FORM AND CONTENT OF STATUTORY PLANS
Title
4
1
The title of a statutory plan shall consist of the name of the area of the local planning authority followed by “unitary development plan”, “structure plan”, “local plan”, “minerals local plan” or “waste local plan”, as the case may be.
2
Where policies in respect of development consisting of the winning and working of minerals or involving the depositing of mineral waste (“minerals policies”) are included in a local plan or waste policies are included in a local plan or a minerals local plan, the local plan or minerals local plan including such policies shall have a sub-title consisting of the words “including minerals policies”, “including waste policies” or “including minerals and waste policies”, as the case may be.
Structure plan diagrams
5
1
A structure plan shall contain a diagram, called the key diagram, illustrating the general policies formulated in the plan’s written statement.
2
A structure plan may also contain a diagram, called an inset diagram, drawn to a larger scale than the key diagram, and illustrating the application of the general policies to part of the area covered by the structure plan.
3
Where an inset diagram is included in a structure plan, the area covered by the inset diagram shall be identified on the key diagram and the application of the general policies to that area shall be illustrated on that inset diagram only.
4
No key diagram or inset diagram contained in a structure plan shall be on a map base.
5
The title of a structure plan shall be set out on the key diagram and on any inset diagram contained in the plan and the key diagram and any inset diagram shall include an explanation of any symbol or notation used in the diagram.
Maps
6
1
The map required by section 12(4)(b) to be included in a unitary development plan, and by section 36(6)(a) to be included in a local plan, a minerals local plan and a waste local plan, shall be called the proposals map and shall be a map of the authority’s area reproduced from, or based upon, an Ordnance Survey map and shall show National Grid lines and reference numbers.
2
Policies for any part of the authority’s area may be illustrated on a separate map on a larger scale than the proposals map, called an inset map.
3
Where an inset map is included in a plan, the area covered by the inset map shall be identified on the proposals map and the policies for that area shall be illustrated on that inset map only.
4
The title (and any sub-title) of a statutory plan mentioned in paragraph (1) shall be set out on the proposals map and any inset map contained in the plan and the proposals map and any inset map shall show the scale to which it has been prepared and include an explanation of any symbol or notation used in the map.
Reasoned justification
7
1
A local plan, minerals local plan and waste local plan shall contain a reasoned justification of the policies formulated in the plan.
2
The reasoned justification shall be set out so as to be readily distinguishable from the other contents of the plan.
PART 3
ACTION AREAS
Action areas: prescribed period
8
The period prescribed for the purpose of sections 12(8) and 36(7) (period for the commencement of comprehensive treatment of an action area) is a period of 10 years beginning with the date on which the relevant plan is first made available for inspection in accordance with section 13(2)(a) or 40(2)(a), as the case may be.
PART 4
PROCEDURE — STRUCTURE PLANS
Regard to be had to certain matters and statement of regard
9
1
In formulating their general policies in a structure plan, the local planning authority shall, in addition to the matters specified in section 31(6), have regard to–
a
economic, environmental and social considerations;
b
the national waste strategy;
c
the objectives of preventing major accidents and limiting the consequences of such accidents; and
d
the need;
i
in the long term, to maintain appropriate distances between establishments and residential areas, areas of public use and areas of particular sensitivity or interest; and
ii
in the case of existing establishments, for additional technical measures in accordance with Article 5 of the Directive so as not to increase the risks to people.
2
The explanatory memorandum accompanying proposals for the alteration or replacement of a structure plan shall contain a statement of the regard which the local planning authority have had in formulating their general policies to the matters specified in section 31(6) and paragraph (1).
3
In this regulation “the Directive” means Council Directive 96/82/ EC on the control of major-accident hazards involving dangerous substances .
4
Expressions appearing both in the Directive and in paragraph (1) have the same meaning as in the Directive.
Pre-deposit consultation
10
1
When preparing proposals for the alteration or replacement of a structure plan under section 33(1), and before finally determining the contents of the proposals, the local planning authority shall consult–
a
the Secretary of State for the Environment, Transport and the Regions;
b
any other local authority (except the council of any parish) for an area covered by the proposals;
c
any local planning authority for an area adjacent to the area covered by the proposals;
d
the Environment Agency ;
e
the Countryside Agency and the Nature Conservancy Council for England ;
f
the Historic Buildings and Monuments Commission for England .
2
The local planning authority shall consider any representations made by the consultees before finally determining the contents of the proposals.
3
The local planning authority shall prepare a statement of any other persons they have consulted when preparing their proposals, in addition to those listed in paragraph (1), and of any steps they have taken to publicise their proposals and to provide persons with an opportunity of making representations in respect of those proposals.
Deposit of proposals
11
1
A local planning authority making proposals for the alteration or replacement of a structure plan available for inspection in accordance with section 33(2)(a), shall–
a
make the proposals available at their principal office and at such other places within their area as they consider appropriate;
b
give notice by advertisement in Form 1; and
c
give notice in similar form to any consultee under regulation 10(1) and to any other person whom they consider should be given notice.
2
Proposals made available for inspection shall be accompanied by–
a
the statement prepared pursuant to regulation 10(3); and
b
in accordance with section 33(2)(a), the explanatory memorandum.
3
The local planning authority shall send four copies of the documents made available for inspection to the Secretary of State.
Objections and representations
12
1
The period within which objections and representations may be made to the local planning authority with respect to proposals for the alteration or replacement of a structure plan made available for inspection under section 33(2)(a) shall be six weeks beginning with the date on which a notice given pursuant to regulation 11(1)(b) is first published in a local newspaper.
2
Objections and representations shall be made in writing and addressed to the local planning authority in accordance with the details given in the published notice.
3
In addition to the requirement to consider objections imposed by section 33(6), the local planning authority shall also consider any representations made in accordance with this regulation.
4
In the case of deposited proposals for the replacement of a structure plan, a representation that matters relating to the development and use of land not included in the deposited proposals ought to have been so included shall be treated as an objection made to the proposals in accordance with these Regulations for the purpose of regulation 16 if the representation is made within the time and in the manner required by this regulation.
Withdrawal of proposals
13
1
On the withdrawal of proposals for the alteration or replacement of a structure plan, the local planning authority shall, in addition to the persons specified in section 34(2)(b), give notice of the withdrawal to every person who has made a representation with respect to the proposals.
2
A local planning authority withdrawing proposals for the alteration or replacement of a structure plan shall also give notice by advertisement.
3
The notice of withdrawal required by section 34(2)(b) and by this regulation shall be in Form 2.
Examination in public
14
1
A local planning authority shall, at least six weeks before the opening of an examination in public which they cause to be held of matters affecting the consideration of proposals for the alteration or replacement of a structure plan–
a
make available for inspection at any place at which the proposals have been made available for inspection a list of the matters with which the examination in public will be concerned and the persons who have been invited to take part in it;
b
give any person who has objected to, or made a representation in respect of, the proposals in accordance with these Regulations and not withdrawn the objection or representation, notice of the time and place at which the examination in public is to be held, the name of the person or persons appointed to hold it and its purpose, and the availability for inspection of the list mentioned in sub-paragraph (a); and
c
give notice of that information by local advertisement.
2
Any notice given under paragraph (1) shall invite representations to be made to the local planning authority on the list referred to in paragraph (1)(a) within 28 days of the date on which the notice is first published in a local newspaper.
Consideration of proposals following an examination in public
15
1
Where a local planning authority cause an examination in public to be held for a purpose mentioned in regulation 14, the authority shall, after considering the report of the person holding the examination in public, prepare a statement of–
a
the decisions they have reached in the light of the report and any recommendations contained in the report; and
b
the reasons for those decisions.
2
Where a list of proposed modifications to the proposals is made available for inspection under regulation 17(1) after the statement of decisions and reasons is prepared, the report mentioned in paragraph (1) and that statement shall be made available for inspection from the date on which, and at the places at which, the list is made available for inspection.
3
Where such a list is not made available for inspection under regulation 17(1) after the statement of decisions and reasons is prepared, the local planning authority shall–
a
give notice by local advertisement in Form 3;
b
serve a notice in similar form on any person who has objected to, or made a representation in respect of, the proposals in accordance with these Regulations and not withdrawn the objection or representation and on such other persons as the authority think fit; and
c
make copies of the report mentioned in paragraph (1) and the statement of decisions and reasons available for inspection at any place at which the proposals have been made available for inspection.
4
Where the report of the person holding the examination in public contains recommendations that the proposals should be modified in a manner specified in the report and the local planning authority intend not to accept one or more of those recommendations–
a
the authority shall make a list of the recommendations that they do not intend to accept available for inspection from the date on which, and at the places at which, the report is made available for inspection;
b
the notice given in Form 3, or in Form 4, as the case may be, shall record the authority’s intention not to accept those recommendations and invite objections and representations to be made in respect of that intention within six weeks of the date on which the notice is first published in a local newspaper;
c
paragraphs (3) and (4) of regulation 17 shall apply to any objection or representation made in respect of that intention as they apply to objections and representations made in respect of proposed modifications;
d
where an examination in public is held to consider one or more objections made to that intention, regulation 14 shall apply as that regulation applies in the case of proposals, and this regulation shall apply following such an examination in public as it applies to an examination in public mentioned in paragraph (1); and
e
where objections have been made to that intention in accordance with these Regulations and not withdrawn and the local planning authority do not cause an examination in public to be held, regulation 16 shall apply to the consideration of the objections as it applies to the consideration of objections to proposals.
5
Where notice is given in Form 3 and paragraph (4) does not apply, the notice shall give 28 days notice of the local planning authority’s intention to adopt the proposals.
Consideration of objections without an examination in public
16
1
Where objections have been made to proposals in accordance with these Regulations and not withdrawn and the local planning authority do not cause an examination in public to be held, the authority shall prepare a statement of their decisions as respects all the objections and their reasons for each decision.
2
Paragraphs (2), (3) and (5) of regulation 15 shall apply where a statement is prepared pursuant to paragraph (1) as they apply where a statement is prepared pursuant to regulation 15(1).
Modification of proposals
17
1
Subject to paragraph (7), a local planning authority proposing to modify proposals for the alteration or replacement of a structure plan (whether to comply with a direction given by the Secretary of State or on their own initiative) shall, unless they are satisfied that the modifications they intend to make will not materially affect the content of the proposals–
a
prepare a list of the modifications with their reasons for proposing them;
b
make copies of that list available for inspection at any place at which the proposals have been made available for inspection;
c
give notice by local advertisement in Form 4; and
d
serve a notice in similar form on any person who has objected to, or made a representation in respect of, the proposals in accordance with these Regulations and not withdrawn the objection or representation and on such other persons as the authority think fit.
2
The period within which objections and representations may be made to the local planning authority in respect of proposed modifications is six weeks beginning with the date on which a notice given pursuant to paragraph (1) is first published in a local newspaper.
3
Objections and representations shall be made in writing and addressed in accordance with the details given in the notice.
4
An objection to, or representation in respect of, proposed modifications, made in accordance with this regulation, shall be treated as an objection made in accordance with these Regulations for the purpose of section 33(6).
5
Where an examination in public is held to consider matters in connection with proposed modifications, regulation 14 shall apply as that regulation applies in the case of proposals, and regulation 15 shall apply following such an examination in public as it applies to an examination in public mentioned in paragraph (1) of that regulation.
6
Where objections have been made to proposed modifications in accordance with this regulation and not withdrawn and the local planning authority do not cause an examination in public to be held, regulation 16 shall apply to the consideration of the objections as it applies to the consideration of objections to proposals.
7
Unless a list of proposed modifications contains only modifications proposed by the local planning authority in order to comply with a direction given by the Secretary of State under section 35(2), it shall not be made available for inspection, and the notice referred to in paragraph (1) shall not be given or served, until after–
a
the period for objecting to the proposals after they have been made available for inspection has expired, or, in the case of a second or subsequent list of proposed modifications, the period for objecting to the previous list of proposed modifications has expired; and
b
any statement (or further statement) required by regulation 15(1) or 16(1), as the case may be, has been prepared.
Notice of intention to adopt
18
Proposals for the alteration or replacement of a structure plan shall not be adopted by a local planning authority until the period given by the authority in their notice of intention to adopt in Form 1, or where the authority has also given notice of their intention to adopt in Form 3 or Form 4, the period in the last such notice to be given by the authority, has expired.
Adoption
19
1
Where a local planning authority adopt proposals for the alteration or replacement of a structure plan they shall–
a
give notice by advertisement in Form 5; and
b
serve notice in similar form on any person who has asked to be notified of the adoption.
2
A copy of the notice given pursuant to paragraph (1) and of the adopted proposals shall be made available for inspection at any place at which the proposals were made available for inspection under regulation 11(1)(a).
3
The local planning authority shall, not later than the date on which notice is first given by advertisement pursuant to paragraph (1), send four copies of the adopted proposals to the Secretary of State.
PART 5
PROCEDURE — UNITARY DEVELOPMENT PLANS, LOCAL PLANS, MINERALS LOCAL PLANS AND WASTE LOCAL PLANS
Regard to be had to certain matters and statement of regard
20
1
In formulating their general policies in Part 1 of a unitary development plan, the local planning authority shall, in addition to the matters specified in section 12(6), have regard to–
a
economic, environmental and social considerations;
b
the national waste strategy;
c
the objectives of preventing major accidents and limiting the consequences of such accidents; and
d
the need;
i
in the long term, to maintain appropriate distances between establishments and residential areas, areas of public use and areas of particular sensitivity or interest; and
ii
in the case of existing establishments, for additional technical measures in accordance with Article 5 of the Directive so as not to increase the risks to people.
2
In formulating their proposals in Part II of a unitary development plan, or their policies in a local plan, waste local plan or minerals local plan, a local planning authority shall have regard to the matters specified in section 12(6) and in paragraph (1).
3
The reasoned justification of the general policies in Part I and of the proposals in Part II of a unitary development plan, and of the policies formulated in a local plan, minerals local plan, or waste local plan, shall contain a statement of–
a
the regard which the local planning authority have had to the matters specified in section 12(6) and paragraph (1);
b
the reason for any inconsistency between the policies or proposals and the national waste strategy; and
c
the account which the authority have taken of any enterprise zone scheme in their area.
5
In this regulation “the Directive” means Council Directive 96/82/EC on the control of major-accident hazards involving dangerous substances .
6
Expressions appearing both in the Directive and in paragraph (1) have the same meaning as in the Directive.
Consultation
21
The local planning authority shall prepare a statement of any persons they have consulted when preparing a plan or proposals to which regulation 22 refers, and of any steps they have taken to publicise their plan or proposals and to provide persons with an opportunity of making representations in respect of that plan or those proposals.
Deposit of proposals
22
1
A local planning authority making a local plan, waste local plan, minerals local plan or unitary development plan or proposals for the alteration or replacement of such a plan available for inspection in accordance with section 13(2)(a) or 40(2)(a), shall–
a
make the proposals available at their principal office and at such other places within their area as they consider appropriate;
b
give notice by advertisement in Form 6; and
c
give notice in similar form to any other person whom they consider should be given notice.
2
Proposals made available for inspection shall be accompanied by the statement prepared pursuant to regulation 21.
3
The local planning authority shall send four copies of the documents made available for inspection to the Secretary of State.
4
The local planning authority shall send one copy of the documents made available for inspection to each of those bodies listed in paragraphs (c) to (f) of regulation 10(1) and to any other local authority for an area covered by the plan or proposals.
Objections and representations
23
1
The period within which objections and representations may be made to the local planning authority with respect to a plan or proposals to which regulation 22 refers shall be six weeks beginning with the date on which a notice given pursuant to regulation 22(1)(b) is first published in a local newspaper.
2
Objections and representations shall be made in writing and addressed to the local planning authority in accordance with the details given in the published notice.
3
In addition to the requirement to consider objections imposed by sections 13(6) or 40(7), as the case may be, the local planning authority shall also consider any representations made in accordance with this regulation.
4
In the case of a plan, or proposals for the replacement of a plan, to which regulation 22 refers, a representation that matters relating to the development and use of land not included in the plan or proposals ought to have been so included shall, if the representation is made within the time and in the manner required by this regulation, be treated as an objection made to the plan or proposals in accordance with these Regulations for the purpose of regulations 26 and 28 and sections 16 and 42.
Deposit of revised proposals
24
1
This regulation applies when objections have been made in accordance with regulation 23, no inquiry or other hearing has been held pursuant to section 16 or 42 in relation to the plan or proposals made available under regulation 22, and the local planning authority consider it appropriate to revise that plan or those proposals.
2
The authority shall–
a
revise the plan or proposals made available under regulation 22 as the authority consider appropriate;
b
make the revised plan or revised proposals available for inspection at those places at which the plan or proposals were made available under regulation 22(1)(a);
c
give notice by advertisement in Form 7; and
d
serve a notice in similar form on any person who has objected to, or made a representation in respect of, the plan or proposals in accordance with these Regulations and not withdrawn the objection or representation, and on such other persons as the authority think fit.
3
Subject to paragraph (4), the revised plan or revised proposals made available under paragraph (2)(b) shall comprise the full text of the plan or proposals as revised indicating clearly any new text included or any text deleted as part of the revision.
4
A revised plan or revised proposals made available under paragraph (2)(b) shall not be required to contain a revised version of the map required by section 12(4)(b) or 36(6)(a) provided that the revised plan or proposals contain that map and such diagrams or maps as are necessary to indicate the changes required to that map as a result of the revisions.
5
The revised plan or revised proposals made available for inspection shall be accompanied by a list of the revisions made.
6
The authority shall send four copies of the documents made available for inspection to the Secretary of State and one copy of the documents to each of those bodies listed in paragraphs (c) to (f) of regulation 10(1) and to any other local authority for an area covered by the plan or proposals.
7
An authority may not revise proposals pursuant to this regulation more than once.
8
An objection is made in accordance with this regulation if it–
a
is made within six weeks beginning with the date on which a notice given pursuant to paragraph (2)(c) is first published in a local newspaper;
b
is an objection to a part of the plan or proposals which has been revised; and
c
is made in writing and addressed to the local planning authority in accordance with the details given in the published notice.
9
A representation made by the Secretary of State within the time and in the manner required by paragraphs (8)(a) and (c) that the revised plan or proposals should be modified to accord with current national policies or regional or strategic planning guidance given by the Secretary of State shall be treated, for the purposes of regulations 26 and 28 and sections 16 and 42, as an objection made in accordance with this regulation.
Withdrawal of proposals
25
1
On the withdrawal of a local plan, minerals local plan or waste local plan, or proposals for the alteration or replacement of such a plan, the local planning authority shall–
a
withdraw the copies of the plan or proposals made available for inspection;
b
give notice in Form 8 that the plan or proposals have been withdrawn to every person who has made an objection or representation with respect to the plan or proposals; and
c
give notice by advertisement in Form 8.
2
On the withdrawal of a unitary development plan or of proposals for the alteration or replacement of such a plan the local planning authority shall–
a
in addition to the persons specified in section 14(2)(b), give notice in Form 8 that the plan or proposals have been withdrawn to every person who has made a representation with respect to the plan or proposals; and
b
give notice by advertisement in Form 8.
3
The notice of withdrawal required by section 14(2)(b) shall be in Form 8.
Local inquiry or other hearing
26
1
A local planning authority shall, at least six weeks before the opening of any local inquiry or other hearing which they cause to be held to consider objections to a plan or proposals to which regulation 22 refers–
a
give any person who has objected to, or made a representation in respect of, the plan or proposals in accordance with these Regulations and not withdrawn the objection or representation, notice of the time and place at which the inquiry or other hearing is to be held, the name of the person appointed to hold it, and its purpose; and
b
in the case of a local inquiry, give notice of that information by local advertisement.
2
A local planning authority shall, within eight weeks of receiving the report of the person holding an inquiry or other hearing to which this regulation applies, make that report available for inspection at those places at which the proposals were made available under regulation 22(1)(a).
Consideration of proposals following a local inquiry or other hearing
27
1
Where a local planning authority cause a local inquiry or other hearing to be held for a purpose mentioned in regulation 26(1), the authority shall, after considering the report of the person holding the inquiry or other hearing, prepare a statement of–
a
the decisions they have reached in the light of the report and any recommendations contained in the report; and
b
the reasons for any of those decisions which do not follow a recommendation contained in the report.
2
Where a list of proposed modifications to the plan or proposals is made available for inspection under regulation 29(1) after the statement of decisions and reasons is prepared that statement shall be made available for inspection from the date on which, and at the places at which, the list is made available for inspection.
3
Where such a list is not made available for inspection under regulation 29(1) after the statement of decisions and reasons is prepared, the local planning authority shall–
a
give notice by local advertisement in Form 9;
b
serve a notice in similar form on any person who has objected to, or made a representation in respect of, the plan or proposals in accordance with these Regulations and not withdrawn the objection or representation and on such other persons as the authority think fit; and
c
make copies of the statement of decisions and reasons available for inspection at any place at which the plan or proposals were made available for inspection under regulation 22(1)(a).
4
Where the report of the person holding the inquiry or other hearing contains recommendations that the plan or proposals should be modified in a manner specified in the report and the local planning authority intend not to accept one or more of those recommendations–
a
the authority shall make a list of the recommendations that they do not intend to accept available for inspection at any place at which the plan or proposals were made available for inspection under regulation 22(1)(a);
b
the notice given in Form 9, or in Form 10, as the case may be, shall record the authority’s intention not to accept those recommendations and invite objections and representations to be made in respect of that intention within six weeks of the date on which the notice is first published in a local newspaper;
c
paragraphs (3) and (4) of regulation 29 shall apply to any objection and representation made in respect of that intention as they apply to objections and representations made in respect of proposed modifications;
d
where a local inquiry or other hearing is held to consider one or more of the objections made to that intention, regulation 26 shall apply as that regulation applies in the case of a plan or proposals, and this regulation shall apply following such a local inquiry or other hearing as it applies to a local inquiry or other hearing mentioned in paragraph (1); and
e
where objections have been made to that intention in accordance with these Regulations and not withdrawn and the local planning authority do not cause a local inquiry or other hearing to be held, regulation 28 shall apply to the consideration of the objections as it applies to the consideration of objections to a plan or proposals.
5
Where notice is given in Form 9 and paragraph (4) does not apply, the notice shall give 28 days notice of the local planning authority’s intention to adopt the plan or proposals.
Consideration of objections without a local inquiry or other hearing
28
1
Where objections have been made to a plan or proposals in accordance with these Regulations and not withdrawn and the local planning authority do not cause a local inquiry or other hearing to be held, the authority shall prepare a statement of their decisions as respects all the objections and their reasons for each decision.
2
Paragraphs (2), (3) and (5) of regulation 27 shall apply where a statement is prepared pursuant to paragraph (1) as they apply where a statement is prepared pursuant to regulation 27(1).
Modification of proposals
29
1
Subject to paragraph (7), a local planning authority proposing, after an inquiry or other hearing has been held pursuant to section 16 or section 42, to modify a plan or proposals to which regulation 22 refers (whether to comply with a direction given by the Secretary of State or on their own initiative) shall, unless they are satisfied that the modifications they intend to make will not materially affect the content of the plan or proposals–
a
prepare a list of the modifications with their reasons for proposing them;
b
make copies of that list available for inspection at any place at which the plan or proposals were made available for inspection under regulation 22(1)(a);
c
give notice by local advertisement in Form 10; and
d
serve a notice in similar form on any person who has objected to, or made a representation in respect of, the plan or proposals in accordance with these Regulations and not withdrawn the objection or representation and on such other persons as the authority think fit.
2
The period within which objections and representations may be made to the local planning authority in respect of proposed modifications is six weeks beginning with the date on which a notice given pursuant to paragraph (1) is first published in a local newspaper.
3
Objections and representations shall be made in writing and addressed in accordance with the details given in the notice.
4
An objection to, or representation in respect of, proposed modifications, made in accordance with this regulation, shall be treated as an objection made in accordance with these Regulations for the purpose of sections 13(6) or 40(7).
5
Where a local inquiry or other hearing is held to consider one or more of the objections made to proposed modifications, regulation 26 shall apply as that regulation applies in the case of a plan or proposals, and regulation 27 shall apply following such a local inquiry or other hearing as it applies to a local inquiry or other hearing mentioned in paragraph (1) of that regulation.
6
Where objections have been made to proposed modifications in accordance with this regulation and not withdrawn and the local planning authority do not cause a local inquiry or other hearing to be held, regulation 28 shall apply to the consideration of the objections as it applies to the consideration of objections to statutory plan proposals.
7
Unless a list of proposed modifications contains only modifications proposed by the local planning authority in order to comply with a direction given by the Secretary of State under section 17(1) or 43(4), it shall not be made available for inspection, and the notice referred to in paragraph (1) shall not be given or served until after–
a
the period for objecting to the plan or proposals after they have been made available for inspection has expired, or, in the case of a second or subsequent list of proposed modifications, the period for objecting to the previous list of proposed modifications has expired; and
b
any statement (or further statement) required by regulation 27(1) or 28(1), as the case may be, has been prepared.
Notice of intention to adopt
30
A plan or proposals to which regulation 22 refers shall not be adopted by a local planning authority until the period given by the authority in their notice of intention to adopt in Form 1, or where the authority has also given notice of their intention to adopt in Form 9 or Form 10, the period in the last such notice to be given by the authority, has expired.
Adoption
31
1
Where a local planning authority adopt a plan or proposals to which regulation 22 refers they shall–
a
give notice by advertisement in Form 11; and
b
serve notice in similar form on any person who has asked to be notified of the adoption.
2
A copy of the notice given pursuant to paragraph (1) and of the adopted plan or proposals shall be made available for inspection at any place at which the proposals were made available for inspection under regulation 22(1)(a).
3
The local planning authority shall, not later than the date on which notice is first given by advertisement pursuant to paragraph (1), send 4 copies of the adopted plan or proposals to the Secretary of State.
PART 6
INTERVENTION BY THE SECRETARY OF STATE
Documents to be supplied to the Secretary of State
32
A local planning authority shall supply the Secretary of State with a copy of every notice published by the authority in accordance with these Regulations when the notice is first published, together with a copy of every document made available for inspection in accordance with these Regulations.
Direction to modify proposals
33
1
Where the Secretary of State directs a local planning authority to modify their proposals under section 17(1), 35(2) or 43(4) the authority shall make a copy of the direction available for inspection with any subsequent list of modifications made so available pursuant to regulation 17(1) or 29(1), and that list shall indicate–
a
which modifications have been proposed to comply with the direction; or (b) where modifications have not been proposed to comply, or to comply fully, with the direction, the authority’s reasons for not doing so.
2
Any notice of adoption of the proposals given pursuant to regulation 19(1) or 31(1) shall state that the local planning authority have satisfied the Secretary of State that they have made the modifications necessary to conform with the direction to modify or that the direction has been withdrawn, as the case may be.
3
A copy of any notification by the Secretary of State that he is satisfied with the modifications made or that the direction is withdrawn shall be made available for inspection from the date on which, and at the places at which, the adopted proposals are made available for inspection.
Direction not to adopt proposals
34
If, before the local planning authority have adopted proposals for a statutory plan or for the alteration or replacement of such a plan, the Secretary of State directs them not to adopt the proposals until he has decided whether to give them a direction under section 18(1), 35A(1) or 44(1), as the case may be, they shall not adopt the proposals until he has notified them of his decision.
Called-in proposals
35
1
Where the Secretary of State is minded to approve with modifications statutory plan proposals submitted to him for his approval, he shall, unless, in his opinion, the proposed modifications will not materially affect the content of the statutory plan proposals, send a list of the proposed modifications to the local planning authority, and the authority shall, upon receipt of the list–
a
make copies of the list available for inspection at any place at which the statutory plan proposals were made available for inspection;
b
give notice by local advertisement in Form 12; and
c
serve notice in similar form on any person who has objected to, or made a representation in respect of, the statutory plan proposals in accordance with these Regulations and not withdrawn the objection or representation and on any other person on whom the Secretary of State directs them to serve such a notice.
2
The period within which objections or representations may be made to the Secretary of State in respect of the proposed modifications is six weeks beginning with the date on which a notice given pursuant to paragraph (1) is first published in a local newspaper.
3
Objections and representations shall be made in writing and addressed in accordance with the details given in the notice.
4
Where the Secretary of State causes a local inquiry or other hearing to be held for the purpose of considering objections to statutory plan proposals submitted to him for his approval, or to modifications which he proposes to make to such proposals, he shall give such notice as the local planning authority would be required to give by regulation 26(1) if they were proposing to hold an inquiry or other hearing.
5
Where the Secretary of State causes an examination in public to be held under section 20(4) or 35B(2) of matters affecting his consideration of statutory plan proposals submitted to him for his approval, or modifications which he proposes to make to such proposals, he shall–
a
send a list of the matters with which the examination in public will be concerned and the persons who have been invited to take part in it to the local planning authority; and
b
give such notice as the local planning authority would be required to give by regulation 14 if they were proposing to hold an examination in public.
6
The local planning authority shall, on receipt of a list sent to them pursuant to paragraph (5), make that list available for inspection at any place at which the statutory plan proposals have been made available for inspection.
7
The local planning authority shall, on being notified by the Secretary of State of his decision on statutory plan proposals submitted to him for his approval–
a
give notice by advertisement in Form 13;
b
serve a notice in similar form on any person who has asked to be notified of the decision reached on the proposals and on any other person on whom the Secretary of State directs them to serve such a notice; and
c
make a copy of the Secretary of State’s notification and of the approved or rejected proposals available for inspection at any place at which the proposals were made available for inspection under regulation 11(1)(a).
Making, alteration and replacement of statutory plans by the Secretary of State
36
1
These Regulations apply, so far as practicable and with any necessary modifications, to the making, alteration and replacement of a statutory plan by the Secretary of State pursuant to section 25 (default powers) or section 51 (default powers) as they apply to the making, alteration or replacement of a statutory plan by a local planning authority.
2
When a statutory plan or alteration made by the Secretary of State becomes operative, the local planning authority entitled to prepare proposals for the alteration or replacement of the plan made or altered by the Secretary of State shall comply with regulation 38 in respect of that plan.
PART 7
AVAILABILITY OF DOCUMENTS AND INDEX
Availability of documents for inspection
37
1
Subject to paragraph (3), documents made available for inspection pursuant to Part II of the 1990 Act or these Regulations by a local planning authority making, altering or replacing a statutory plan shall be made so available at the place and time specified by the authority when giving notice of their availability for inspection, and shall, unless the statutory plan proposals are withdrawn, remain so available until the expiration of six weeks from the date of publication of the notice of adoption, approval or rejection of the proposals.
2
The local planning authority shall, on request and on payment of a reasonable charge, provide, as soon as practicable, a copy of any document made available for inspection mentioned in paragraph (1).
3
Adopted proposals made available for inspection under regulation 19(2) or 31(2) and approved proposals made available for inspection under regulation 35(7)(c) shall remain so available until printed copies of the proposals are made available for inspection under regulation 38(1).
Availability of plans after adoption or approval
38
1
As soon as practicable after proposals for a statutory plan or for the alteration or replacement of a statutory plan have been adopted or approved, the local planning authority which prepared the proposals shall secure that printed copies of the statutory plan, the statutory plan as altered, or the replacement plan, as the case may be, are available for inspection during normal office hours at their principal office and at such other places within their area as they consider appropriate and, on payment of a reasonable charge, for purchase.
2
A local planning authority shall continue to make printed copies of a statutory plan, altered statutory plan, or replacement plan made available for inspection and purchase under paragraph (1) so available until the relevant plan is altered, further altered, or replaced, as the case may be.
Index
39
1
A local planning authority shall keep an index containing the following information in respect of the development plan for their area–
a
the title of any plan forming part of or constituting the development plan for their area;
b
the date on which that plan was adopted or approved;
c
the title and date of adoption or approval of any alteration to that plan;
d
the date of the first publication of any notice given under these Regulations in respect of proposals for the making of a plan which will form part of or constitute the development plan for their area or for the alteration or replacement of such a plan; and
e
the places at which any plan, alteration or notice listed in the index may be inspected.
2
In a non-metropolitan area, the index kept by the local planning authority shall also contain the date of any statement supplied under section 35C or paragraph 47 of Schedule 4 to the Planning and Compensation Act 1991 , or prepared under regulation 41, in relation to a plan listed in the index and shall identify the places at which the statement may be inspected.
3
A local planning authority shall also keep a map showing the boundary of any plan listed in their index.
4
The index and map kept in accordance with this regulation shall be made available for inspection during normal office hours at the local planning authority’s principal office and at such other places within their area as they consider appropriate.
PART 8
CONFORMITY AND CONFLICT
Statement of conformity of proposals with structure plan: prescribed period
40
The prescribed period for the purpose of section 46(1)(b) is 28 days.
Statement of conformity on adoption or approval of structure plan
41
1
An authority responsible for a structure plan shall, where any proposals of theirs for the alteration or replacement of a structure plan are adopted or approved, prepare a statement in respect of any local plan for which the authority is responsible, and any minerals local plan and waste local plan for their area, stating whether the plan is, or as the case may be, is not, in general conformity with the altered or new structure plan.
2
A statement prepared under paragraph (1) stating that a local plan, minerals local plan or waste local plan is not in general conformity with a structure plan shall specify the respects in which it is not in such conformity.
3
A local planning authority which makes available for inspection a plan to which a statement under section 35C or paragraph (1) relates, shall make a copy of the statement available for inspection at any place at which the plan is made available for inspection.
4
In this regulation, references to an authority responsible for a structure plan or a local plan shall be construed in accordance with section 35C(5).
Conflict between structure plans and local plans, minerals local plans and waste local plans
42
The provisions of a local plan prevail for all purposes over any conflicting provisions in a structure plan made by the same authority, and the provisions of a minerals local plan and of a waste local plan prevail for all purposes over any conflicting provisions in a structure plan, unless the local plan, minerals local plan or waste local plan is one–
a
stated under regulation 41(1) not to be in general conformity with the structure plan; and
b
neither altered nor replaced after the statement was prepared.
Conflict between local plans and minerals local plans or waste local plans
43
Where there is a conflict between provisions in a local plan and provisions in a minerals local plan or waste local plan, the more recently adopted or approved provisions prevail.
Conflict within statutory plans
44
Where there is a conflict between the written statement of a statutory plan and any other document forming part of the plan, the provisions of the written statement prevail.
PART 9
REVOCATION AND TRANSITIONAL PROVISION
Revocation and transitional provision
45
1
The Town and Country Planning (Development Plan) Regulations 1991 , the Town and Country Planning (Development Plan) (Amendment) Regulations 1997 , and regulation 5 of the Planning (Control of Major-Accident Hazards) Regulations 1999 are hereby revoked, so far as they extend to England.
2
Any step taken before commencement which has effect under any provision of the Town and Country Planning (Development Plan) Regulations 1991 shall be treated on and after commencement as having effect under any similar provision of these Regulations.
3
A local planning authority which has made a local plan, waste local plan, minerals local plan or unitary development plan or proposals for the alteration or replacement of such a plan available for inspection in accordance with section 13(2)(a) or 40(2)(a), and has before commencement either:
a
indicated in writing that it considers it appropriate to revise that plan or those proposals; or
b
received from the Secretary of State written notice that, in accordance with section 16 or 40 of the 1990 Act, he has appointed a person to hold an inquiry to commence within nine months of commencement; may decide that regulation 24 shall not apply in relation to that plan or those proposals; and where a local planning authority so decide, regulation 24 shall not apply in relation to the relevant plan or proposals.
4
A written record of any decision made pursuant to paragraph (3) shall be made available for inspection at any place at which the plan or proposals were made available for inspection.
Signed by authority of the Secretary of State
Nick Raynsford
Minister of State,
Department of the Environment, Transport and the Regions
8th December 1999


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Public Telecommunication System Designation (Kingston Communications (Hull) PLC) Order 1999 and shall come into force on 23rd November 1999.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Patricia Hewitt,
Minister for Small Business and E-Commerce,
Department of Trade and Industry
18th October 1999


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Road Traffic (NHS Charges) Regulations 1999 and shall come into force on 5th April 1999.
2
In these Regulations —
“ the Act ” means the Road Traffic (NHS Charges) Act 1999;
“certificate” means a certificate of NHS charges issued under section 2 of the Act.
“Compensation Recovery Unit” means the Compensation Recovery Unit of the Department of Social Security ;
“hospital” means a health service hospital within the meaning of section 17 of the Act;
“incident” means an incident whereby a person suffers injury, or suffers injury and dies, as a result of the use of a motor vehicle on a road;
3
A reference in these Regulations to a numbered section is a reference, unless the context otherwise requires, to that section of the Act.
Application for a certificate of NHS charges
2
1
An application for a certificate shall be made to the Compensation Recovery Unit and shall include the following particulars —
a
the full name and address of the traffic casualty;
b
the date of birth, and where known, the national insurance number of that person;
c
the date of the incident;
d
the nature of the injury;
e
the name and address of any hospital at which the traffic casualty received treatment in respect of his injury.
2
In a case to which section 2(8) applies (compensation payment made in circumstances where no certificate in force and no application made in period prescribed under section 2(9)(b) prior to making a compensation payment) an application for a certificate must be made within 14 days of the date on which the compensation payment is made.
3
The prescribed period for the purposes of section 2(9)(b) is a period of 28 days ending immediately before the day on which the compensation payment is made.
Amount of NHS Charges — Incidents before 2nd July 1997
3
1
This regulation applies to any compensation payment made in respect of an incident which occurred before 2nd July 1997.
2
Where this regulation applies, a certificate shall, for the purpose of section 3(2), specify —
a
where the traffic casualty received NHS treatment at a hospital in respect of his injury, but was not admitted to hospital, the amount of £295, or
b
subject to paragraphs (3) and (4), where the traffic casualty received NHS treatment at a hospital in respect of his injury and was admitted to hospital in respect of that treatment, the sum of £435 for each day, or part day, of admission.
3
Where the traffic casualty is admitted to hospital on one day and discharged on another day the day of discharge shall be disregarded for the purposes of paragraph (2)(b).
4
The maximum amount which may be specified in a certificate to which paragraph (2)(b) applies shall be £3,000.
Amount of NHS Charges — Incidents on or after 2nd July 1997
4
1
This regulation applies to any compensation payment made in respect of an incident which occurred on or after 2nd July 1997.
2
Where this regulation applies, a certificate shall, for the purpose of section 3(2), specify —
a
where the traffic casualty received NHS treatment at a hospital in respect of his injury, but was not admitted to hospital, the amount of £354, or
b
subject to paragraphs (3) and (4), where the traffic casualty received NHS treatment at a hospital in respect of his injury and was admitted to hospital, the sum of £435 for each day, or part day, of admission.
3
Where the traffic casualty was admitted to hospital on one day and discharged on another day, the day of discharge shall be disregarded for the purposes of paragraph (2)(b).
4
The maximum amount which may be specified in a certificate to which paragraph (2)(b) applies shall be £10,000.
Provisions supplementary to regulations 3 and 4
5
1
A certificate issued under section 2(2) shall only take into account treatment received before the date the certificate is issued.
2
A certificate issued under section 2(11) shall only take into account treatment received before the settlement date .
Particulars of amounts specified in certificate
6
A person to whom a certificate is issued is entitled, on application to the Secretary of State, to the following particulars —
a
in respect of treatment counted for the purposes of determining the amount in the certificate, the name of the responsible body of any hospital at which that treatment took place;
b
where regulation 3(2)(b) or 4(2)(b) applies in respect of that treatment, the number of days of admission counted at that hospital.
Information to be provided with respect to a traffic casualty
7
1
A person specified in section 11(2)(a) shall send to the Compensation Recovery Unit the information set out in paragraph (3) not later than 14 days after the claim is made.
2
A person specified in section 11(2)(b) to (e) shall send to the Compensation Recovery Unit such information set out in paragraph (3) as the Secretary of State may request within 14 days of the Secretary of State asking that person for that information.
3
The information referred to in paragraphs (1) and (2) is —
a
the full name and address of the traffic casualty;
b
the date of birth or national insurance number of that person;
c
the date of the incident;
d
the nature of the injury;
e
in respect of NHS treatment received at a hospital in respect of the injury —
i
the name and address of the hospital, and
ii
where known, whether the traffic casualty was admitted to hospital and if so the date of admission and discharge;
f
the full name and address of the person against whom the claim is made.
4
The responsible body of each hospital at which the traffic casualty received NHS treatment in respect of his injury shall send the following information to the Compensation Recovery Unit within 14 days of the Secretary of State asking for it —
a
the date the treatment began;
b
whether the traffic casualty was admitted to one of its hospitals, or not, and if so, the date of admission and discharge, and
c
where known, the name and address of any other hospital at which the traffic casualty received treatment, and
d
whether there is likely to be further treatment in respect of the injury.
5
For the purposes of section 11(3), “claim”
a
in relation to a person falling within section 1(3)(a) or (d) means a claim notified to him which may require him to make a payment in respect of the injury, whether or not proceedings have been commenced, and
b
in relation to a person falling within section 1(3)(b) or (c) means a claim against that person for a payment in respect of the injury, whether or not proceedings have been commenced,
and “person against whom the claim is made” shall be construed accordingly.
Payments to Hospitals
8
1
The Secretary of State —
a
shall make any payment under section 13(1) (payment to responsible body) not later than 40 days after the day he receives a payment of NHS charges;
b
may make more than one such payment at the same time; and
c
may do so by automatic credit transfer.
2
In respect of each payment the Secretary of State shall send to the responsible body a statement showing —
a
the name and address of the traffic casualty in respect of which the payment is made;
b
the amount of the payment, and
c
the date of the incident in respect of which the payment is made.
3
Where —
a
the Secretary of State receives a payment of NHS charges under section 1(2), and
b
the responsible body of the hospital concerned (“the old body”) has ceased to exist, the Secretary of State shall pay the amount received to the body to which the property, rights and liabilities of the old body have been transferred .
4
If the property rights and liabilities of the old body have been transferred to more than one body, the Secretary of State, may, for the purposes of paragraph (3) divide the payment among those bodies in such manner as he considers appropriate.
Overpayments by compensators
9
Where a fresh certificate has been issued as a result of a review under section 6 or an appeal under section 7 and the conditions specified in paragraphs (a) and (b) of section 10(2) (overpayments) are satisfied —
a
the Secretary of State shall pay to the person who made the payment the difference between the amount that has been paid and the amount that ought to have been paid; and
b
where the Secretary of State has (under section 13(1)) made the payment to the responsible body the Secretary of State —
i
may deduct the difference between the amount that has been paid under section 13(1) and the amount that ought to have been paid from any future payment due to the responsible body under that section; or
ii
may require that body to pay the difference to him or the person who made the compensation payment.
Underpayments by compensators
10
1
Where a fresh certificate has been issued as a result of a review under section 6 or an appeal under section 7 and the conditions specified in paragraphs (a) and (b) of section 10(3) (underpayments) are satisfied —
a
the person who made the payment shall pay to the Secretary of State the difference between the total amount paid and the amount that ought to have been paid; and
b
the Secretary of State shall pay that difference to the responsible body of the hospital at which the treatment, in respect of which the payment was made, was given.
2
Where any such payment relates to treatment at more than one hospital, the Secretary of State, must, for the purposes of paragraph (1)(b), divide the difference among the responsible bodies of the hospitals concerned in such manner as he considers appropriate.
Provisions supplementary to regulations 9 and 10 relating to person making compensation payments
11
Where the Secretary of State makes a payment under regulation 9(a) or a payment falls to be paid under regulation 10(1)(a), the Secretary of State shall send a statement to the person who made the compensation payment showing —
a
the name and address of the traffic casualty to which the statement relates;
b
the total amount already paid to the Secretary of State;
c
the amount that ought to have been paid to him; and
d
the amount of the difference, and whether a repayment by him or further payment to him is required.
Provisions supplementary to regulations 9 and 10 relating to hospitals
12
1
Where the Secretary of State requires a payment under regulation 9(b)(ii), or makes a payment under 10(1)(b), he shall send the responsible body a statement showing —
a
the name and address of the traffic casualty to which the statement relates;
b
the total amount already paid by the Secretary of State;
c
the amount that ought to have been paid by him; and
d
the amount of the difference, and whether a repayment to him or further payment by him is required.
2
Where the Secretary of State makes a deduction under regulation 9(b)(i), he shall send to the responsible body a statement showing —
a
the name and address of the traffic casualty to which the statement relates;
b
the total amount already paid by the Secretary of State;
c
the amount that ought to have been paid; and
d
the amount of the deduction.
Multiple compensation payments
13
1
This regulation applies where a person making a compensation payment is liable to pay appropriate NHS charges to the Secretary of State under section 1(2) and —
a
a compensation payment in the form of a lump sum has been made by any person (an “earlier payment”); and
b
subsequently another such payment is made in respect of the same injury or death by any person (a “later payment”).
2
Where this regulation applies, the amount, for the purpose of section 3(2), to be specified in the certificate in respect of the later payment shall be the amount determined under regulation 3 or 4 (as appropriate) reduced by the amount paid in satisfaction of any liability under section 1(2) in connection with the earlier payment.
3
Where —
a
a payment made in satisfaction of the liability under section 1(2) arising in connection with an earlier payment is not reflected in the certificate in force at the time of the later payment, and
b
in consequence, the total amount of the payments exceeds what it would have been had the earlier payment been so reflected,
the Secretary of State shall review the certificate in respect of the later payment so as to specify the correct liability under section 1(2) in connection with the later payment.
Structured Settlements
14
1
This regulation applies where a person —
a
in final settlement of a claim, enters into an agreement —
i
for the making of periodical compensation payments (whether of an income or capital nature); or
ii
for the making of such payments and lump sum payments; and
b
apart from the provisions of this regulation, those payments would fall to be treated for the purposes of the Act as compensation payments.
2
Where this regulation applies —
a
the person making the payment shall be taken to have made on the day of agreement a single compensation payment;
b
payments under the agreement referred to in paragraph (1)(a), and any other payment made after the day of agreement in respect of the same incident shall be taken not to be compensation payments.
3
In this regulation “the day of agreement” means —
a
if the agreement referred to in paragraph (1)(a) is approved by the court, the day on which that approval is given; and
b
in any other case, the day on which the agreement is entered into.
Interim payments repaid under court order
15
1
This regulation applies where —
a
a person has made a payment of NHS charges to the Secretary of State under section 1(2);
b
that payment relates to a compensation payment which is an interim payment of damages in respect of the injury or death, the whole amount of which a court orders to be repaid; and
c
no other compensation payment under section 1 has been made in respect of the same injury.
2
Where this regulation applies, the Secretary of State shall pay to the person making the compensation payment the amount of the payment in paragraph (1)(a).
3
Where this regulation applies and the Secretary of State has (under section 13(1)) made the payments to a responsible body, the Secretary of State may —
a
deduct the amount paid to that body from any future payment due under section 13(1), or
b
may require the responsible body to pay that amount to him.
4
Where the Secretary of State makes a deduction under paragraph (3)(a) or makes a demand for payment under paragraph (3)(b), he shall (with the demand or the payment from which the deduction is made) send the responsible body a statement showing —
a
the name and address of the traffic casualty to which the statement relates;
b
the amount of the deduction or demand.
Payments into court
16
1
This regulation applies only to England and Wales.
2
Subject to paragraph 3, where a payment into court is made which would, had it been paid directly to a party to an action (“the relevant party”), have constituted a compensation payment, the making of the payment shall be treated for the purposes of the Act as a compensation payment made,
a
where the payment into court is accepted by the relevant party in the initial period, on the date on which the payment into court was made (subject to paragraph (5));
b
where, after the initial period, the payment into court is accepted in satisfaction of the relevant party’s claim by consent between the parties, on the date on which the application to the court for payment is made;
c
where, after the expiry of the initial period, payment out of court is made wholly or partly to or for the relevant party in accordance with a court order and in satisfaction of the claim, the date of the court order.
3
In paragraph (1), “the initial period” means the period of 21 days after the receipt by the relevant party to the action of notice of the payment into court having been made.
4
Where a payment into court is paid out wholly to or for the person making the payment (otherwise than to or for the relevant party) the making of the payment into court shall not be regarded as the making of a compensation payment.
5
Where paragraph (1)(a) applies —
a
the person making the compensation payment shall apply for a certificate (under section 2(8)) not later than 14 days after the day he is notified that the payment into court has been accepted;
b
section 4(3) of the Act shall be modified so that the “settlement date” means the date on which the person making the payment into court is notified that it has been accepted.
Exempted payments
17
Any compensation payment made —
a
in pursuance of a compensation scheme for motor accidents by the Motor Insurers' Bureau, and
b
in respect of an incident occurring before the day these regulations come into force,
which but for this regulation would be a compensation payment, is prescribed for the purposes of section 1(5) (payments not to count as compensation payment).
Signed by authority of the Secretary of State for Health
John Hutton
Parliamentary Under Secretary of State,
Department of Health
15th March 1999


text:
Citation and commencement
1
This Order may be cited as the Wigan and Leigh Health Services National Health Service Trust (Establishment) Amendment Order 1999 and shall come into force on 24th August 1999.
Amendment of NHS Trust Establishment Order
2
For article 3 of the Wigan and Leigh Health Services National Health Service Trust (Establishment) Order 1992 there shall be substituted the following article–
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1)(b) of the Act.
2
The trust’s functions shall be to provide and manage hospitals, establishments and facilities in the area of Wigan and Bolton Health Authority, and there to provide and manage hospital accommodation and services, and there and from there to provide and manage community health services.
.
Frank Dobson
Secretary of State for Health
12th August 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the District of Teesdale (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 Teesdale;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
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 Teesdale (Electoral Changes) Order 1999”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 ; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Wards of Teesdale
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 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 Barnard Castle
3
1
The existing wards of the parish of Barnard Castle shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names Barnard Castle East, Barnard Castle North and Barnard Castle West; the parish wards of Barnard Castle East and Barnard Castle West shall be coterminous with the district wards of the same name and the Barnard Castle North parish ward shall consist of the rest of the parish.
3
The number of councillors to be elected for the Barnard Castle East parish ward shall be four, for the Barnard Castle North parish ward shall be three and for the Barnard Castle West parish ward shall be five.
Wards of the parish of Evenwood and Barony
4
1
The existing wards of the parish of Evenwood and Barony shall be abolished.
2
The parish shall be divided into five parish wards which shall bear the names Evenwood, Lands, Ramshaw, Toft Hill and Witton; and the wards shall comprise the areas designated on sheet 8 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for the Evenwood parish ward shall be six, for each of the Lands and Ramshaw parish wards shall be three, for the Witton parish ward shall be two and for the Toft Hill parish ward shall be one.
Wards of the parish of Marwood
5
1
The existing wards of the parish of Marwood shall be abolished.
2
The parish shall be divided into three 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
6
The District of Teesdale (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:
Commencement and citation
1
This Order may be cited as The A23 Trunk Road (Croydon) Red Route Traffic Order 1999 and shall come into force on 5th March 1999.
Interpretation
2
In this Order–
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route” means the lengths of road specified in column (2) of the table in schedule 1;
f
“vehicle” includes part of a vehicle;
g
an entry in column (3) , (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule;
h
“bus” has the meaning given by regulation 22(2) of the Traffic Signs Regulations and General Directions 1994 ;
i
“bus stop” means an area bounded by a traffic sign shown in diagram 1025.1 or 1025.3 in schedule 6 of the Traffic Signs Regulations and General Directions 1994 which includes the words “bus stop”;
j
“bus stand” means an area bounded by a traffic sign shown in diagram 1025.1 or 1025.3 in schedule 6 of the Traffic Signs Regulations and General Directions 1994 which includes the words “bus stand”.
k
“London Regional Transport” has the meaning given by the London Regional Transport Act 1984 ; and
l
“pedal cycle” has the same meaning as in regulation 4 of the Traffic Signs Regulations and General Directions 1994.
General prohibition of stopping
3
1
Subject to the provisions of paragraphs (2) and (3) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop in the trunk road red route during the restricted hours.
2
Subject to the provisions of paragraph (3) of this article, and of articles 5(1), 8 and 9, no person shall cause any vehicle to stop at any time in any lengths of the trunk road red route specified in schedule 4.
3
The controls specified in paragraphs (1) and (2) of this article do not apply in respect of any area of the trunk road red route specified in schedule 2A.
4
In this article “the restricted hours” means, in relation to a length of the trunk road red route specified in an item in column (2) of the table in schedule 1, the hours specified in that item in column (3) of that table.
Exemptions for parking
4
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
Miscellaneous exemptions for parking
5
1
Licensed taxi cabs: The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to be parked at the edge of the carriageway on a length of road specified in schedule 2D.
2
Buses: The controls specified in article 3(1) do not apply in respect of a person causing a bus to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2E during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
3
Doctors' vehicles: The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2F during the hours specified in column (3) in that item, provided that–
a
there is displayed in the windscreen of the vehicle a badge issued by, or with the authority of, the Traffic Director for London to a medical practitioner, and which specifies–
i
the name of the person to whom it was issued, and
ii
the premises in relation to which it applies; and
b
the vehicle was parked by, or with the permission of, the person whose name is specified on the badge and for so long only as the person who parked the vehicle is engaged in work at the premises specified on the badge.
4
Solo motor bicycles: The controls specified in article 3(1) do not apply in respect of a person causing a motor bicycle without a side-car to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2G during the hours specified in column (3) in that item.
Exemptions for loading and unloading
6
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which is being loaded or unloaded to stop at the edge of the carriageway on a length of road specified in an item in column (2) of the tables in schedules 3A and 3B during the hours specified in column (3) in that item for as long as is needed to load or unload the vehicle or 20 minutes, whichever is the less, provided that not less than 20 minutes has elapsed since the vehicle was last parked on any part of the same length of road.
Exemptions for disabled persons
7
1
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item.
2
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2C(I) during the hours specified in column (3) in that item.
3
The controls specified in article 3(2) of this order do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2C( II ) during the hours specified in column (3) in that item.
4
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position, and a parking disc on which is shown the time at which the period of parking began, to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item, for a period of up to 3 hours not being a period separated by an interval of less than 1 hour from a previous period when that vehicle was parked in that length of road.
Exemptions at bus stops and stands
8
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing:
a
a bus to stop at a bus stop for as long as may be required to enable passengers to board or alight; or
b
a bus to stop at a bus stop or a bus stand and being used for operational reasons in the course of providing a London bus service (as defined in section 34 of the Transport Act 1985 ) under an agreement with London Regional Transport or training drivers to allow such a service to be provided.
2
In this article “operational reasons” means:
i
to enable passengers to board and alight;
ii
to enable crew changes to take place;
iii
to maintain the scheduled timetable subject, in the case of a bus stop, to a maximum wait of two minutes.
Other exemptions
9
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to stop if that person is–
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) and (2) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) and (2) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
4
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a pedal cycle to be parked at a facility specifically provided for the purpose of pedal cycle parking by, or with the consent of, the highway authority.
Revocation or variation of existing Orders
10
The Croydon (Waiting and Loading Restriction) Order 1977, Order No. 23; the Croydon (Waiting and Loading Restriction) Order 1991, Order No. 20; the Croydon (Waiting and Loading Restriction) Order 1991, Order No. 27; the Croydon (Waiting and Loading Restriction) Order 1991, Order No. 34; the Croydon (Waiting and Loading Restriction) Order 1993, Order No. 23; the Croydon (Waiting and Loading Restriction) Order 1995, Order No. 12, the A23 Trunk Road (Croydon) Red Route (No. 2) Experimental Traffic Order 1997 and the A23 Trunk Road (Croydon) Red Route (No. 2) Experimental Traffic Order 1997 Variation Order 1998 , as amended, are hereby revoked, in so far as their provisions relate to any part of the trunk road red route.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
22nd February 1999


text:
Citation and commencement
1
This Order may be cited as the Breaking the Cycle Bridgwater Education Action Zone Order 1999 and shall come into force on 10th January 2000.
Interpretation
2
In this Order–
“partners” means those persons listed in Schedule 1 to this Order; and
“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 Breaking the Cycle Bridgwater 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 Breaking the Cycle Bridgwater Education Action Forum (“the Forum”), the membership of which shall include–
a
one person 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
one person appointed by each partner, unless any partner chooses not to make such an appointment;
d
up to five persons appointed by Somerset County Council; and
e
one person from a professional teaching association appointed by the other members of the Forum.
5
The Forum may at any time appoint additional members as follows–
a
up to two persons representing the interests of business;
b
up to two parents of registered pupils attending zone schools; and
c
up to two 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:
1
This Order may be cited as the Public Telecommunication System Designation (AT & T-Unisource Communications Services (UK) Limited) Order 1999 and shall come into force on 5th January 2000.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Patricia Hewitt
Minister of State for Small Business and E-Commerce,
Department of Trade and Industry
4th December 1999


text:
Citation and commencement
1
These Regulations may be cited as the Road Traffic (Parking Adjudicators) (London) (Amendment) Regulations 1999 and shall come into force on 1st June 1999.
Preliminary
2
The Road Traffic (Parking Adjudicators) (London) Regulations 1993 shall be amended in accordance with the following provisions of these Regulations.
Amendments to regulation 2 (interpretation)
3
1
In regulation 2(1)–
a
after the definition of “the Act” there shall be inserted the following definition–
“the 1996 Act ” means the London Local Authorities Act 1996;
;
b
in the definition of “appeal”, after the words “the Act” there shall be inserted “or an appeal under paragraph 6 of Schedule 1 to the 1996 Act”; and
c
in the definition of “the adjudicator”, after the words “the Act” there shall be inserted “and includes a person so appointed when discharging the function of a traffic adjudicator under Schedule 1 to the 1996 Act”.
2
In regulation 2(2), in the definition of “the original representations”, after the words “of Schedule 6 to, the Act” there shall be inserted “or under paragraph 2 of Schedule 1 to the 1996 Act”.
Initiating an appeal
4
In regulation 3(3), after the words “of Schedule 6 to, the Act” there shall be inserted “or mentioned in paragraph 6(1) of Schedule 1 to the 1996 Act”.
Action upon receipt of notice of appeal and copy of such notice
5
In regulation 4(2), for sub-paragraph (c) there shall be substituted–
c
a copy of the notice served under section 71(6) of, or paragraph 2(7) of Schedule 6 to, the Act or under paragraph 2(10) of Schedule 1 to the 1996 Act (as the case may be).
Power to require attendance of witnesses
6
In regulation 6(2), after the words “section 73(14) of the Act” there shall be inserted “or under section 73(14) of the Act as applied by section 6(3) of the 1996 Act (as the case may be),”.
Procedure at a hearing
7
In regulation 9(7), for the words “with the assistance fron any person” there shall be substituted “with assistance from any person”.
Review of adjudicator’s decision
8
In regulation 11(1)(d), for the words “reasonably have been foreseen”, there shall be substituted “have been reasonably known of or foreseen”.
Miscellaneous powers of the adjudicator
9
In regulation 14(2), after sub-paragraph (b) the word “and” shall be omitted and for sub-paragraph (c) there shall be substituted–
c
paragraph 5(1)(b) of Schedule 6 to the Act, and
d
paragraph 6(1)(b) of Schedule 1 to the 1996 Act,
.
Interpretation of Part III
10
For regulation 18 there shall be substituted–
18
This Part of these Regulations shall have effect for determining the procedure where–
a
an order of a county court is deemed to have been revoked under paragraph 8(5) of Schedule 6 to the Act and the local authority concerned has referred the case to the adjudicator under paragraph 8(7) of that Schedule; or
b
an order of a county court is deemed to have been revoked under paragraph 10(5) of Schedule 1 to the 1996 Act and the local authority concerned has referred the case to the adjudicator under paragraph 10(7) of that Schedule,
and in relation to a case so referred, for the purposes of this Part of these Regulations, a relevant person is the person against whom the county court order has been made.
Procedure
11
In regulation 19(1), after the words “Schedule 6 to the Act” there shall be inserted “or under paragraph 10(7) of Schedule 1 to the 1996 Act”.
Signed by authority of the Secretary of State
Glenda Jackson
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
22nd April 1999


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Nursery Education (England) (Amendment) Regulations 1999 and shall come into force on 5th April 1999.
2
In these Regulations “the principal Regulations ” means the Nursery Education (England) Regulations 1998 .
Definition of accredited child minder
2
After regulation 1 of the principal Regulations there shall be inserted the following regulation —
1A
In these Regulations —
“accredited child minder” means a person who at the relevant time is —
registered by a local authority under section 71(1)(a) of the Children Act 1989 , and
acting as a child minder for the purpose of Part X of that Act within the local authority’s area, and
accredited by a recognised organisation or by a body or group of people approved by a recognised organisation for purposes including the bestowing of such accreditation;
“recognised” means recognised by the Secretary of State for purposes including the accreditation of registered childminders;
“the relevant time” means any period of time during which nursery education in respect of which grant is claimed is provided by the person.
.
Amendment of the principal Regulations
2
After regulation 4(1)(f) of the principal Regulations (recipients of grant) there shall be added —
g
accredited child minders.
.
Margaret Hodge
Parliamentary Under Secretary of State
Department for Edcation and Employment
12th March 1999