text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Insurance Companies (Overseas Life Assurance Business) (Compliance) (Amendment) Regulations 1999 and shall come into force on 8th November 1999.
2
The repeal by regulation 4 of regulations 17 and 20 of the principal Regulations shall not have effect in relation to specified events occurring before 8th November 1999.
3
Regulations 5, 9 and 21 shall have effect in relation to —
a
accounting periods ending on or after 31st December 1999, or
b
where an insurance company so elects by written notice given to an officer of the Board on or before 31st December 1999, the first accounting period beginning on or after 1st October 1999 and ending after 31st December 1999 and subsequent accounting periods.
4
Regulations 6, 7, 10, 11, 13(4), 14(5), 15, 16(2), 17(3) and 18 shall have effect in relation to policies or contracts made by or, as the case may be, transferred to, an insurance company on or after 8th November 1999.
5
Regulations 8 and 12 shall have effect in any case where the date on which —
a
the insurance company comes to be in possession of information making it reasonable for the company to assume that there has been a change in the identity of the policy holder, or
b
the policy holder ceased to be beneficially entitled to the rights conferred by the policy or contract,
falls after 8th November 1999.
Interpretation
2
In these Regulations —
“the Board” means the Commissioners of Inland Revenue;
“the principal Regulations” means the Insurance Companies (Overseas Life Assurance Business) (Compliance) Regulations 1995 ;
“regulation” means a regulation of the principal Regulations;
“specified event” has the meaning given by regulation 3 of the principal Regulations.
Amendments to the principal Regulations
3
1
Regulation 2(1) shall be amended as follows.
2
After the definition of “branch” there shall be inserted the following definitions —
“company tax return” has the meaning given by paragraph 3 of Schedule 18 to the Finance Act 1998;
“the first long term insurance Directive” means Council Directive 79/267 of 5th March 1979;
.
3
In the definition of “relevant policy” at the end there shall be added “, or any policy or contract for business to which regulation 5(3) applies;”.
4
After the definition of “settlor” there shall be inserted the following definitions —
“term assurance business” means life assurance business in relation to which the policy or contract, or the underlying policy, has no surrender value, or a surrender value the amount of which does not exceed the amount of the premiums paid, throughout its term;
“the third long term insurance Directive” means Council Directive 92/96 of 10th November 1992;
.
4
Regulations 3, 17 and 20 shall be omitted.
5
1
Regulation 5 shall be amended as follows.
2
In paragraph (1) —
a
the word “and” immediately following sub-paragraph (c) shall be omitted;
b
after sub-paragraph (d) there shall be added
and
e
to the best of the company’s knowledge and belief the policy or contract is not one to which section 431D(2) or (4) applies.
3
After paragraph (1) there shall be inserted —
1A
This regulation also applies in circumstances where —
a
on or after 8th November 1999 business is transferred to an insurance company in accordance with an authorisation granted outside the United Kingdom for the purposes of —
i
Article 31a.2 of the first long term insurance Directive, or
ii
Article 11 of the third long term insurance Directive,
b
that business is with a policy holder not residing in the United Kingdom,
c
that business is, immediately after the transfer, carried on by an insurance company resident in the United Kingdom at or through a branch outside the United Kingdom, and
d
to the best of the company’s knowledge and belief the policy or contract for that business is not one to which section 431D(2) or (4) applies.
4
For paragraphs (2) to (4) there shall be substituted —
2
Except in relation to business to which paragraph (3) below applies, the business referred to in paragraphs (1) and (1A) above shall be overseas life assurance business.
3
This paragraph applies to business —
a
which is not term assurance business, and
b
for which the policy or contract is one —
i
in respect of which the insurance company completes the certificate prescribed in paragraph (4) below, or
ii
which falls within a class of policies or contracts in respect of which the company completes the certificate prescribed in paragraph (4A) below.
4
The certificate prescribed is a certificate —
a
showing the date on which it is given,
b
stating the territory in which the branch is situated, and
c
identifying the policy or contract by stating the name of the policy holder and any unique identifying designation given to the policy or contract.
5
After paragraph (4) there shall be inserted —
4A
The certificate prescribed is a certificate —
a
stating the territory in which the branch is situated,
b
setting out the unique characteristics of a class of policies or contracts which is not being treated by the insurance company as relating to overseas life assurance business, and
c
confirming that any policy or contract within the class is capable of being identified readily in the books and records of the company by virtue of a unique identifying designation given to policies or contracts within that class.
6
In paragraph (6) —
a
in sub-paragraph (a) —
i
for the words “this regulation” there shall be substituted “paragraph (2) above”;
ii
after the words “United Kingdom” there shall be added “or, where paragraph (1A) above applies, transferred to an insurance company so as to be carried on at or through a particular branch outside the United Kingdom,”;
b
in sub-paragraph (b) after the words “effected by” there shall be inserted “, or transferred to,”.
7
For paragraph (7) there shall be substituted —
7
The insurance company may combine a certificate under paragraph (3)(b)(i) above with another certificate under paragraph (3)(b)(i) above in a single document.
8
In paragraph (8) for the words from “within” to the end there shall be substituted “before the date on which it makes its company tax return for the accounting period in which the policy or contract was made or, where paragraph (1A) above applies, transferred.”
6
1
Regulation 7 shall be amended as follows.
2
In paragraph (1) —
a
in sub-paragraph (a) for the words “not reinsurance business” there shall be substituted “neither reinsurance business nor term assurance business”;
b
in sub-paragraph (b) for the words “not residing in the United Kingdom” there shall be substituted
who is an individual not residing in the United Kingdom and either —
i
is a British citizen, or
ii
is a person in respect of whose business the company has treated this regulation as applying,
.
3
After paragraph (1) there shall be inserted —
1A
This regulation also applies where —
a
on or after 8th November 1999 relevant business which is neither reinsurance business nor term assurance business is transferred to an insurance company in accordance with an authorisation granted outside the United Kingdom for the purposes of —
i
Article 31a.2 of the first long term insurance Directive, or
ii
Article 11 of the third long term insurance Directive,
b
that business has not been treated by the transferor as relating to overseas life assurance business,
c
that business is with a policy holder who is an individual not residing in the United Kingdom and either —
i
is a British citizen, or
ii
is a person in respect of whose business with the company has treated this regulation as applying, and
d
that business is, immediately after the transfer, carried on by an insurance company resident in the United Kingdom otherwise than at or through a branch outside the United Kingdom, or by an overseas life insurance company.
4
For sub-paragraph (b) of paragraph (3) and the word “and” immediately following it there shall be substituted —
b
the declaration prescribed in paragraph (5) below, and
.
5
In paragraph (4)(a) after the word “made” there shall be added “or, where paragraph (1A) above applies, transferred”.
6
Paragraph (6) shall be omitted.
7
In paragraph (7)(c) for the words “or (6) above, as the case may be,” there shall be substituted “above”.
8
In paragraph (9) for the words from “within” to the end there shall be substituted “before the date on which it makes its company tax return for the accounting period in which the policy or contract was made or, where paragraph (1A) above applies, transferred.”
7
After regulation 7 there shall be inserted —
Business other than reinsurance business effected either by a company resident in the United Kingdom otherwise than outside the United Kingdom or by an overseas life insurance company — policy holder not within regulation 7
7A
1
This regulation applies in circumstances where —
a
an insurance company has entered into relevant business which is neither reinsurance business nor term assurance business,
b
that business is with a policy holder not residing in the United Kingdom who either —
i
is not an individual, or
ii
if an individual, is not one falling within regulation 7(1)(b)(i) or (ii),
c
the policy or contract for that business was effected either by an insurance company resident in the United Kingdom otherwise than at or through a branch outside the United Kingdom, or by an overseas life insurance company, and
d
the policy or contract was made on or after 8th November 1999.
2
This regulation also applies where —
a
on or after 8th November 1999 relevant business which is neither reinsurance business nor term assurance business is transferred to an insurance company in accordance with an authorisation granted outside the United Kingdom for the purposes of —
i
Article 31a.2 of the first long term insurance Directive, or
ii
Article 11 of the third long term insurance Directive,
b
that business has not been treated by the transferor as relating to overseas life assurance business,
c
that business is with a policy holder not residing in the United Kingdom who either —
i
is not an individual, or
ii
if an individual, is not one falling within regulation 7(1)(b)(i) or (ii), and
d
that business is, immediately after the transfer, carried on by an insurance company resident in the United Kingdom otherwise than at or through a branch outside the United Kingdom, or by an overseas life insurance company.
3
The business shall be overseas life assurance business where the insurance company —
a
in a case where the policy holder is an individual, completes the certificate prescribed in paragraph (4) below, or
b
in a case where the policy holder is not an individual, completes the certificate prescribed in paragraph (5) below.
4
The certificate prescribed is a certificate —
a
showing the date on which it is given,
b
stating the name of the policy holder,
c
stating any unique identifying deisgnation given to the policy or contract,
d
stating the territory which, to the best of the company’s knowledge and belief, is the territory in which the policy holder resides,
e
stating that the company has no knowledge of any information making it reasonable for the company to assume that the policy holder was residing in the United Kingdom at the time the policy or contract was made or, where paragraph (2) above applies, transferred,
f
stating that to the best of the company’s knowledge and belief the policy or contract is not one to which section 431D(2) applies,
g
where the policy or contract is one to which section 431D(2) does not apply solely by virtue of section 431D(5), stating that to the best of the company’s knowledge and belief the conditions specified in section 431D(5) are fulfilled, and
h
where the company makes the statement mentioned in sub-paragraph (g) above, stating that the company is in possession of information enabling it to make that statement, and stating the nature of that information.
5
The certificate prescribed is a certificate —
a
showing the date on which it is given,
b
stating the name of the policy holder,
c
stating any unique identifying designation given to the policy or contract,
d
stating the territory which, to the best of the company’s knowledge and belief, is the territory in which the policy holder resides,
e
stating that the company has no knowledge of any information making it reasonable for the company to assume that the policy holder was residing in the United Kingdom at the time the policy or contract was made or, where paragraph (2) above applies, transferred,
f
stating that to the best of the company’s knowledge and belief the policy or contract is one to which either subsection (5) or subsection (7) of section 431D applies,
g
stating that to the best of the company’s knowledge and belief the conditions specified in either subsection (5) or subsection (7) of section 431D, as the case may be, are fulfilled, and
h
stating that the company is in possession of information enabling it to make the statement mentioned in sub-paragraph (g) above, and stating the nature of that information.
6
A certificate under this regulation shall be given by an employee of the insurance company, and shall show the name of that employee and his position within the company.
7
Paragraph (8) below applies in any case where policies or contracts for business to which this regulation applies were effected by, or where paragraph (2) above applies, transferred to, an insurance company within the same accounting period.
8
The insurance company may —
a
combine a certificate under paragraph (4) above with another certificate under paragraph (4) above in a single document, or
b
combine a certificate under paragraph (5) above with another certificate under paragraph (5) above in a single document.
but a certificate under paragraph (4) above shall not be combined with a certificate under paragraph (5) above in a single document.
9
The insurance company shall complete the certificate prescribed in this regulation before the date on which it makes its company tax return for the accounting period in which the policy or contract was made or, where paragraph (2) above applies, transferred.
8
1
Regulation 8 shall be amended as follows.
2
In paragraph (1) —
a
in sub-paragraph (a) for the words “not reinsurance business” there shall be substituted “neither reinsurance business nor term assurance business”;
b
for sub-paragraph (b) there shall be substituted —
b
that business was entered into by the insurance company with a policy holder referred to in regulation 7(1)(b);
;
c
in sub-paragraph (d) for the words from “either” to the end there shall be substituted
either —
i
that there has been a change in the identity of the policy holder and the new policy holder is a person referred to in regulation 7(1)(b), or
ii
that the policy holder (being a person referred to in regulation 7(1)(b)) has ceased to be beneficially entitled to the rights conferred by the policy or contract.
3
After paragraph (1) there shall be inserted —
1A
This regulation also applies in circumstances where —
a
on or after 8th November 1999 relevant business which is neither reinsurance business nor term assurance business is transferred to an insurance company in accordance with an authorisation granted outside the United Kingdom for the purposes of —
i
Article 31a.2 of the first long term insurance Directive, or
ii
Article 11 of the third long term insurance Directive,
b
that business was entered into with a policy holder referred to in regulation 7(1)(b),
c
that business is, immediately after the transfer, carried on by an insurance company resident in the United Kingdom otherwise than at or through a branch outside the United Kingdom, or by an overseas life insurance company, and
d
the insurance company to whom the business is transferred comes to be in possession of information making it reasonable for the company to assume either —
i
that there has been a change in the identity of the policy holder and the new policy holder is a person referred to in regulation 7(1)(b), or
ii
that the policy holder (being a person referred to in regulation 7(1)b)) has ceased to be beneficially entitled to the rights conferred by the policy or contract.
4
For sub-paragraph (b) of paragraph (3) and the word “and” immediately following it there shall be subsituted —
b
the declaration prescribed in paragraph (5) below, and
.
5
Paragraph (6) shall be omitted.
6
In paragraph (7)(c) for the words “or (6) above, as the case may be,” there shall be substituted “above”.
7
In paragraph (9) for the words “within six months after” there shall be substituted “before the date on which the insurance company makes its company tax return for the accounting period in which”.
9
1
Regulation 9 shall be amended as follows.
2
In paragraph (1)(a) after the words “relevant business” there shall be added “which is not term assurance business”.
3
In paragraph (3) for the words from “that the cedant company” to the end there shall be substituted
that —
the underlying policy in relation to the business is not one in respect of which the cedant company has completed the certificate prescribed in regulation 5(4), or
in relation to an underlying policy which was made in an accounting period for which regulation 5(2) to (4) did not have effect, the cedant company had complied with the requirements of regulation 5(2) as it applied for that accounting period.
4
In paragraph (4) —
a
sub-paragraph (a) and the word “or” immediately following it shall be omitted;
b
in sub-paragraph (b) for the word “six” there shall be substituted “twelve”.
5
In paragraph (5) for the words from “within” to the end there shall be substituted “before the date on which it makes its company tax return for the accounting period in which the reinsurance arrangement was made.”
10
1
Regulation 10 shall be amended as follows.
2
In paragraph (1)(a) after the words “relevant business” there shall be added “which is not term assurance business”.
3
In paragraph (1)(b) for the words “not residing in the United Kingdom” there shall be substituted “referred to in regulation 7(1)(b)”.
4
In paragraph (3) —
a
in sub-paragraph (a) for the words “certificate prescribed in regulation 6(4)” there shall be substituted the words “declaration prescribed in regulation 6(4) or (5)”;
b
the words from “within six months” to the end shall be omitted.
5
In paragraph (5) for the words from “within” to the end there shall be substituted “before the date on which it makes its company tax return for the accounting period in which the reinsurance arrangement was made.”
11
After regulation 10 there shall be inserted —
Reinsurance of business effected either by a company resident in the United Kingdom otherwise than outside the United Kingdom or by an overseas life insurance company — policy holder not within regulation 7
10A
1
This regulation applies in circumstances where —
a
an insurance company has entered into relevant business which is not term assurance business,
b
that business is reinsurance of life assurance business with a policy holder not residing in the United Kingdom who either —
i
is not an individual, or
ii
if an individual, is not one falling within regulation 7(1)(b)(i) or (ii),
c
the underlying policy in relation to that business was effected either by an insurance company resident in the United Kingdom otherwise than at or through a branch outside the United Kingdom, or by an overseas life insurance company, and
d
the underlying policy in relation to that business was made on or after 8th November 1999.
2
The business shall be overseas life assurance business where the insurance company obtains from the cedant company —
a
the certificate prescribed in paragraph (3) below, and
b
the undertaking prescribed in paragraph (4) below.
3
The certificate prescribed is a certificate that the cedant company has complied with the requirements of regulation 7A(3).
4
The undertaking prescribed is an undertaking that the cedant company will notify the insurance company if the cedant company comes to be in possession of information making it reasonable for the cedant company to assume that —
a
any part of the certificate prescribed in paragraph (4) or (5) of regulation 7A, as the case may be, has ceased to be true, or
b
the underlying policy in relation to the business has ceased to be life assurance business with a policy holder who was not residing in the United Kingdom at the time the policy or contract was made or at any time within six months thereafter, or
c
the underlying policy holder, not being the person with whom the policy or contract was originally effected, was residing in the United Kingdom at the time the underlying policy was made or at any time thereafter.
5
The insurance company shall obtain the certificate prescribed in paragraph (3) above and the undertaking prescribed in paragraph (4) above before the date on which it makes its company tax return for the accounting period in which the reinsurance arrangement was made.
12
1
Regulation 11 shall be amended as follows.
2
In paragraph (1)(a) after the words “relevant business” there shall be added “which is not term assurance business”.
3
In paragraph (1)(b) for the words “with a policy holder not residing in the United Kingdom” there shall be substituted “and was entered into by the insurance company with a policy holder referred to in regulation 7(1)(b)”.
4
In paragraph (1)(d) for the words from “either” to the end there shall be substituted
either —
i
that there has been a change in the identity of the underlying policy holder and the new underlying policy holder is a person referred to in regulation 7(1)(b), or
ii
that the underlying policy holder (being a person referred to in regulation 7(1)(b)) has ceased to be beneficially entitled to the rights conferred by the policy or contract.
5
In paragraph (5) for the words from “within” to the end there shall be susbstituted “before the date on which it makes its company tax return for the accounting period in which the reinsurance arrangement was made.”
13
1
Regulation 13 shall be amended as follows.
2
After paragraph (1) there shall be inserted —
1A
This regulation also applies where —
a
on or after 8th November 1999 relevant business which is not reinsurance business is transferred to an insurance company in accordance with an authorisation granted outside the United Kingdom for the purposes of —
i
Article 31a.2 of the first long term insurance Directive, or
ii
Article 11 of the third long term insurance Directive, and
b
that business is, immediately after the transfer, carried on by an insurance company resident in the United Kingdom at or through a branch outside the United Kingdom.
3
In paragraph (2) after the word “made” there shall be inserted “or, where paragraph (1A) applies, transferred”.
4
In paragraph (3) —
a
for the word “twelve” there shall be substituted “eighteen”;
b
for the word “six” there shall be substituted “twelve”;
c
after the word “made”, wherever occurring, there shall be inserted “or transferred”.
5
In paragraph (4) after the word “made” there shall be inserted “or transferred”.
6
In paragraph (5) —
a
after the word “made” there shall be inserted “or transferred”;
b
for the words from “not being” to “originally effected” there shall be substituted
being neither —
the person with whom the policy or contract was originally effected, nor
a person to whom the rights conferred by the policy or contract have been assigned in circumstances where the assignment did not constitute a chargeable event within the meaning of section 540, 542 or 545, nor
a personal representative in whom those rights have been vested by operation of law
.
14
1
Regulation 14 shall be amended as follows.
2
In paragraph (1) after sub-paragraph (b) there shall be added
and
c
that business is with a policy holder referred to in regulation 7(1)(b).
3
After paragraph (1) there shall be inserted —
1A
This regulation also applies in circumstances where —
a
on or after 8th November 1999 relevant business which is not reinsurance business is transferred to an insurance company in accordance with an authorisation granted outside the United Kingdom for the purposes of —
i
Article 31a.2 of the first long term insurance Directive, or
ii
Article 11 of the third long term insurance Directive,
b
that business has not been treated by the transferor as relating to overseas life assurance business,
c
that business is, immediately after the transfer, carried on either by an insurance company resident in the United Kingdom otherwise than at or through a branch outside the United Kingdom, or by an overseas life insurance company, and
d
that business is with a policy holder referred to in regulation 7(1)(b).
4
In paragraph (2) after the word “made” there shall be inserted “or, where paragraph (1A) applies, transferred”.
5
In paragraph (3) —
a
for the word “twelve” there shall be substituted “eighteen”;
b
for the word “six” there shall be substituted “twelve”;
c
after the word “made”, wherever occurring, there shall be inserted “or transferred”.
6
In paragraph (4) after the word “made” there shall be inserted “or transferred”.
7
In paragraph (5) —
a
after the word “made” there shall be inserted “or transferred”;
b
for the words from “not being” to “originally effected” there shall be substituted
being neither —
the person with whom the policy or contract was originally effected, nor
any person to whom the rights conferred by the policy or contract have been assigned in circumstances where the assignment did not constitute a chargeable event within the meaning of section 540, 542 or 545, nor
a personal representative in whom those rights have been vested by operation of law
.
15
After regulation 14 there shall be inserted —
Business other than reinsurance business effected either by a company resident in the United Kingdom otherwise than outside the United Kingdom or by an overseas life insurance company — policy holder not within regulation 7
14A
1
This regulation applies in circumstances where —
a
an insurance company has entered into relevant business which is not reinsurance business,
b
that business is with a policy holder not residing in the United Kingdom who either —
i
is not an individual, or
ii
if an individual, is not one falling within regulation 7(1)(b)(i) or (ii),
c
the policy or contract for that business was effected either by an insurance company resident in the United Kingdom otherwise than at or through a branch outside the United Kingdom, or by an overseas life insurance company, and
d
the policy or contract was made on or after 8th November 1999.
2
This regulation also applies where —
a
on or after 8th November 1999 relevant business which is not reinsurance business is transferred to an insurance company in accordance with an authorisation granted outside the United Kingdom for the purposes of —
i
Article 31a.2 of the first long term insurance Directive, or
ii
Article 11 of the third long term insurance Directive,
b
that business has not been treated by the transferor as relating to overseas life assurance business,
c
that business is with a policy holder not residing in the United Kingdom who either —
i
is not an individual, or
ii
if an individual, is not one falling within regulation 7(1)(b)(i) or (ii), and
d
that business is, immediately after the transfer, carried on by an insurance company resident in the United Kingdom otherwise than at or through a branch outside the United Kingdom, or by an overseas life insurance company.
3
Subject to paragraph (4) below, the territory in which the policy holder was residing at the time the policy or contract was made or, where paragraph (2) above applies, transferred shall be the territory specified in the certificate prescribed in paragraph (4) of regulation 7A or, as the case may be, paragraph (5) of that regulation.
4
Where, at the time the policy or contract was made or transferred or at any time within eighteen months thereafter, the company was in possession of information making it reasonable for the company to assume that the policy holder was residing in the United Kingdom at the time the policy or contract was made or transferred or at any time within twelve months thereafter, the territory in which the policy holder was residing at the time the policy or contract was made or transferred shall be the United Kingdom.
5
Where, pursuant to paragraph (3) or (4) above, a policy holder has been treated as residing in a particular territory at the time the policy or contract was made or transferred, the territory in which the policy holder is residing at any time thereafter shall, subject to paragraph (6) below, be that same territory.
6
Subject to paragraph (4) above, where at any time after the policy or contract was made or transferred the company comes to be in possession of information making it reasonable for the company to assume that the policy holder, being neither —
a
the person with whom the policy or contract was originally effected, nor
b
a person to whom the rights conferred by the policy or contract have been assigned in circumstances where the assignment did not constitute a chargeable event within the meaning of section 540, 542 or 545, nor
c
a personal representative in whom those rights have been vested by operation of law,
was residing in the United Kingdom at the time he became the policy holder or at any time thereafter, the territory in which the policy holder is residing shall, from the date on which it is reasonable for the company so to assume, be the United Kingdom.
16
1
Regulation 15 shall be amended as follows.
2
In paragraph (3) —
a
for the word “twelve” there shall be substituted “eighteen”;
b
for the word “six” there shall be substituted “twelve”.
3
In paragraph (5) for the words “not being” to “originally effected” there shall be substituted
being neither —
the person with whom the policy or contract was originally effected, nor
a person to whom the rights conferred by the policy or contract have been assigned in circumstances where the assignment did not constitute a chargeable event within the meaning of section 540, 542 or 545, nor
a personal representative in whom those rights have been vested by operation of law
.
17
1
Regulation 16 shall be amended as follows.
2
In paragraph (1) after sub-paragraph (b) there shall be added
and
c
the underlying policy holder in relation to that business is a person referred to in regulation 7(1)(b).
3
In paragraph (3) —
a
for the word “twelve” there shall be substituted “eighteen”;
b
for the word “six” there shall be substituted“twelve”.
4
In paragraph (5) for the words “not being” to “originally effected” there shall be substituted
being neither —
the person with whom the policy or contract was originally effected, nor
a person to whom the rights conferred by the policy or contract have been assigned in circumstances where the assignment did not constitute a chargeable event within the meaning of section 540, 542 or 545, nor
a personal representative in whom those rights have been vested by operation of law
.
18
After regulation 16 there shall be inserted —
Reinsurance business effected either by a company resident in the United Kingdom otherwise than outside the United Kingdom or by an overseas life insurance company — policy holder not within regulation 7
16A
1
This regulation applies in circumstances where —
a
an insurance company has entered into relevant business,
b
that business is reinsurance of life assurance business with a policy holder not residing in the United Kingdom who either —
i
is not an individual, or
ii
if an individual, is not one falling within regulation 7(1)(b)(i) or (ii),
c
the underlying policy in relation to that business was effected either by an insurance company resident in the United Kingdom otherwise than at or through a branch outside the United Kingdom, or by an overseas life insurance company, and
d
the underlying policy in relation to that business was made on or after 8th November 1999.
2
Subject to paragraph (3) below, the territory in which the underlying policy holder was residing at the time the underlying policy was made shall be the territory specified in the certificate prescribed in paragraph (4) of regulation 7A or, as the case may be, paragraph (5) of that regulation.
3
Where, at the time the underlying policy was made or at any time within eighteen months thereafter, the company was in possession of information making it reasonable for the company to assume that the underlying policy holder was residing in the United Kingdom at the time the underlying policy was made or at any time within twelve months thereafter, the territory in which the underlying policy holder was residing at the time the underlying policy was made shall be the United Kingdom.
4
Where, pursuant to paragraph (2) or (3) above, an underlying policy holder has been treated as residing in a particular territory at the time the underlying policy was made, the territory in which the underlying policy holder is residing at any time thereafter shall, subject to paragraph (5) below, be that same territory.
5
Subject to paragraph (3) above, where at any time after the underlying policy was made the company comes to be in possession of information making it reasonable for the company to assume that the underlying policy holder, being neither —
a
the person with whom the policy or contract was originally effected, nor
b
a person to whom the rights conferred by the policy or contract have been assigned in circumstances where the assignment did not constitute a chargeable event within the meaning of section 540, 542 or 545, nor
c
a personal representative in whom those rights have been vested by operation of law,
was residing in the United Kingdom at the time he became the underlying policy holder or at any time thereafter, the territory in which the underlying policy holder is residing shall, from the date on which it is reasonable for the company so to assume, be the United Kingdom.
19
1
Regulation 18 shall be amended as follows.
2
In paragraph (1)(a) after paragraph (ii) and the word “or” immediately following it there shall be added —
iii
in the circumstances prescribed in regulation 7(A)(1) where the insurance company has not completed the certificate prescribed in regulation 7A(4) or (5) within the period limited in regulation 7A(9), or
.
3
After paragraph (1)(a) and the word “or” immediately following it there shall be inserted —
aa
treats an underlying policy as relating to overseas life assurance business in the circumstances prescribed in regulation 9 where the insurance company has not obtained the certificate prescribed in regulation 9(3) or the undertaking prescribed in regulation 9(4) within the period limited in regulation 9(5), or
.
4
After paragraph (1)(b) and the word “or” immediately following it there shall be inserted —
ba
treats an underlying policy as relating to overseas life assurance business in the circumstances prescribed in regulation 10A(1) where the insurance company has not obtained the certificate prescribed in regulation 10A(3) or the undertaking prescribed in regulation 10A(4) within the period limited in regulation 10A(5), or
.
5
In paragraph (1)(c) for the words “or 14(3)” there shall be substituted “, 14(3) or 14A(4)”.
6
In paragraph (1)(d) for the words “or 16(3)” there shall be substituted “, 16(3) or 16A(3)”.
7
In paragraph (1)(e) after the word “made” there shall be inserted “or transferred”.
8
In paragraph (2) for the words “(b), (d) or (e)” there shall be substituted “(aa), (b), (ba), (d) or (e)”.
9
In paragraph (3)(a) after the word “made” there shall be inserted “or transferred”.
10
In pargraph (4) after the word “assessment” there shall be inserted “self-assessment,”.
20
After regulation 18 there shall be inserted —
Reclassification of policy or contract as relating to overseas life assurance business from date when it was made or transferred.
18A
1
This regulation applies in any case where an insurance company —
a
does not treat a policy or contract as relating to overseas life assurance business in the circumstances prescribed in regulation 5(1) or (1A), and
b
has not completed the certificate prescribed in regulation 5(4) within the period limited in regulation 5(8).
2
The company shall treat the policy or contract as relating to overseas life assurance business from the date the policy or contract was made or transferred.
3
All necessary adjustments, whether by way of assessment or otherwise, shall be made to give effect to paragraph (2).
21
1
Regulation 19 shall be amended as follows.
2
In paragraph (1) —
a
in sub-paragraph (c) for the words “or 14(5)” there shall be substituted “, 14(5) or 14A(6)”;
b
in sub-paragraph (d) for the words “or 16(5)” there shall be substituted “, 16(5) or 16A(5)”;
c
in sub-paragraph (e) after the word “made” there shall be inserted “or transferred”.
3
In paragraph (3) there shall be inserted at the beginning “Subject to paragraph (3A) below,”.
4
After paragraph (3) there shall be inserted —
3A
Paragraph (3) above shall not apply where —
a
the case concerned falls within paragraph (1)(e) above,
b
section 431D(7) applied to the policy or contract when it was made or transferred, or the underlying policy when it was made,
c
the case falls within paragraph (1)(e) above by reason of the fact that, at some time that is —
i
more than three years after the date on which the policy or contract was made or transferred, or the underlying policy was made, but
ii
is not earlier than 8th November 1999,
the number of persons for or in respect of whom benefits were to be provided under the policy or contract, or the underlying policy, and who were not relevant overseas employees within the meaning of section 431D(8), became a not insignificant number (“the relevant number”) for the purposes of section 431D(7), and
d
the relevant number has at no time exceeded the number which is equal to twenty per cent. of the total number of persons for or in respect of whom benefits are to be provided under the policy or contract or the underlying policy.
G H Bush
Tim Flesher
Two of the Commissioners of Inland Revenue
18th October 1999


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This order may be cited as the Welsh Health Common Services Authority (Abolition) Order 1999 and shall come into force on 1st April 1999.
2
In this Order unless the context otherwise requires–
“ the Authority ” means the Welsh Health Common Services Authority constituted under the Constitution Order ;
“Constitution Order” means the Welsh Health Common Services Authority Constitution Order 1990 ;
“material date” means 1st April 1999;
“ NHS contract” has the same meaning as in the National Health Service and Community Care Act 1990; and
“ Secretary of State ” means the Secretary of State for Wales.
3
In this Order, unless the context otherwise requires–
a
any reference to a numbered article is a reference to the article bearing that number in this Order;
b
any reference in an article to a numbered paragraph is a reference to the paragraph bearing that number in that article; and
c
any reference to a numbered Schedule is a reference to the Schedule to this Order bearing that number.
Revocation of Order and abolition of Authority
2
The Constitution Order is hereby revoked and the Authority is abolished.
Transfer of property, rights and liabilities
3
1
Subject to paragraph 2 of this article and article 4 of this Order–
a
All land held by the Authority immediately before the material date, and all rights and liabilities acquired or incurred by the Authority in relation to such land, shall be transferred to the Secretary of State.
b
Where by virtue of this paragraph any hereditament comprising land is transferred from the Authority to the Secretary of State any property in or on the land immediately before the material date including any movable property, and all rights and liabilities acquired or incurred by the Authority in relation to such property, shall be transferred to the Secretary of State.
c
All property which is held by the Authority immediately before the material date, and all rights and liabilities acquired or incurred by the Authority in relation to such property, which does not transfer by virtue of any other provision of this paragraph shall transfer to the Secretary of State.
d
All rights and liabilities acquired or incurred by the Authority that do not transfer by virtue of any other provision of this paragraph shall be transferred to the Secretary of State.
e
All NHS contracts entered into by the Authority shall have effect as if entered into by the Secretary of State.
2
Paragraph 1 of this article does not apply in relation to–
a
any land or other property transferred by virtue of paragraph 3 of this Article;
b
any right or liability which is enforceable by or against any person by virtue of paragraph 3 of this Article; and
c
any NHS contract given effect by virtue of paragraph 3 of this Article.
3
a
Any land held by the Authority immediately before the material date that is used solely for the purposes of a specialised unit of the Authority named in column (1) of Schedule 1, and all rights and liabilities acquired or incurred by the Authority in relation to such land, shall be transferred to the person specified opposite that unit in column (2) of Schedule 1.
b
Where by virtue of this paragraph any hereditament comprising land is transferred from the Authority to a person specified in column (2) of Schedule 1 any property in or on the land immediately before the material date, including any moveable property, and all rights and liabilities acquired or incurred by the Authority in relation to such property, shall be transferred to that person.
c
Any property which is held by the Authority immediately before the material date that is used solely for the purposes of a specialised unit of the Authority named in column (1) of Schedule 1 that does not transfer by virtue of any other provision of this paragraph, and all rights and liabilities acquired or incurred by the Authority in relation to such property, shall be transferred to the person specified opposite that unit in column (2) of Schedule 1.
d
Any rights and liabilities acquired or incurred by the Authority solely in relation to a specialised unit of the Authority named in column 1 of Schedule 1 that do not transfer by virtue of any other provision of this paragraph shall transfer to the person specified opposite that unit in column 2 of Schedule 1.
e
Any NHS contract entered into by the Authority solely in relation to a specialised unit of the Authority named in column 1 of Schedule 1 shall have effect as if entered into by the person specified opposite that unit in column 2 of Schedule 1.
f
Nothing in this paragraph shall have effect so as to transfer any rights and liabilities of the Authority arising out of contracts that were entered into before 1st April 1996 in relation to construction projects.
4
This article applies to a liability imposed by or under any statutory provision as it applies to a liability which is undertaken voluntarily.
Transfer of staff and obligations under contracts of employment
4
1
Those officers of the Authority described in a Schedule named in column (1) of the following Table who are immediately before the material date employed by the Authority shall transfer to the employment of the person specified opposite that Schedule in column (2) of the Table–
TABLE
(1) (2) Number of Schedule Specified person
2 Conwy & Denbighshire NHS Trust 3 Velindre NHS Trust 4 Bro Morgannwg NHS Trust 5 North Glamorgan NHS Trust 6 Gwent Healthcare NHS Trust 7 Bro Taf Health Authority 8 Morgannwg Health Authority 9 North Wales Health Authority
2
Any officer employed by the Authority immediately before the material date solely for the purposes of a specialised unit of the Authority named in column 1 of Schedule 1 and who is not described in a Schedule named in the Table in paragraph 1 of this Article shall be transferred to the employment of the person specified opposite that unit in column 2 of Schedule 1.
3
Where an officer is transferred by virtue of this article the contract of employment between such officer and the Authority shall have effect as if made between such officer and the person to whom he is transferred.
4
For the purposes of this article an officer of the Authority is described in Schedules 2 to 9 by reference to either his name or his name and employee number (which is within brackets).
5
Nothing in this Order shall have effect to continue in force any contract of employment other than in accordance with this Article.
Investigation of complaints by Health Service Commissioner for Wales
5
1
A complaint made to the Health Service Commissioner for Wales in relation to a specialised unit of the Authority named in column 1 of Schedule 1, whether made before, on or after the material date, may be investigated by that Commissioner, notwithstanding the abolition of the Authority, as if the complaint was made in relation to the person named opposite that unit in column 2 of Schedule 1.
2
The Health Service Commissioner for Wales, where he conducts such an investigation, shall send a report of his investigation to the person against whom the complaint is treated as if made.
Continuity
6
1
The abolition by this Order of the Authority does not affect the validity of anything done by the Authority before the coming into force of this Order.
2
Anything done before the material date by or in relation to a specialised unit of the Authority named in column 1 of Schedule 1 shall be treated as having been done by or in relation to the person specified opposite that unit in column 2 of Schedule 1.
3
Anything done before the material date by or in relation to the Authority other than in relation to a specialised unit of the Authority named in column 1 of Schedule 1 shall be treated as having been done by or in relation to the Secretary of State.
Accounts and winding up of affairs of the Authority
7
1
Any duty imposed on the Authority by section 98 of the National Health Service Act 1977, but not performed by the material date, shall be performed by Bro Taf Health Authority .
2
It is the duty of Bro Taf Health Authority to take such action as may be necessary for the winding up of the affairs of the Authority.
Signed by authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under Secretary of State, Welsh Office
11th March 1999


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (School Organisation Proposals) (England) Regulations 1999 and shall come into force on 1st September 1999.
2
These Regulations apply in relation to local education authorities and schools maintained by (or, in the case of new schools, proposed to be maintained by) local education authorities in England.
Interpretation
2
1
In these Regulations–
“ the Act ” means the School Standards and Framework Act 1998;
“the Transition Regulations ” means to Education (Transition to New Framework) (School Organisation Proposals) Regulations 1999 ;
“mainstream school” means a community, foundation or voluntary school; and any reference to section 28, section 29, Schedule 6, Schedule 7 or Schedule 23 is a reference to that section of, or Schedule to, the Act.
2
For the purposes of these Regulations except Part VI of Schedule 3, the capacity of a school shall be determined in accordance with the Schedule to the Education (Information as to Provision of Education) (England) Regulations 1999 .
3
For the purposes of paragraph 4(2) of Schedule 6, in relation to mainstream schools, and these Regulations the date of publication of proposals is–
a
the date on which the requirements of regulation 5 are satisfied; and
b
where different requirements are satisfied on different days, on the last of such days.
Alterations for which proposals must be published
3
The alterations specified in Schedule 1 to these Regulations are prescribed as alterations for which proposals must be published under section 28(1)(b) or (c) or 28(2)(b).
Information to be contained in published proposals
4
1
This regulation prescribes for the purposes of section 28(3)(a) , section 29(3)(a), paragraph 5(2)(a) of Schedule 7 (where the proposals relate to a mainstream school) and paragraph 5(1)(a) of Schedule 23, the information which proposals published under section 28 or 29, paragraph 5 of Schedule 7 or paragraph 5 of Schedule 23 must contain.
2
Proposals published under section 28 or 29, or paragraph 5(2) of Schedule 7 must contain the information specified in Part I of Schedule 2 to these Regulations together with–
a
the information specified in Part II of that Schedule where the proposals are to establish a new school; or
b
the information specified in Part III of that Schedule where the proposals are to make a prescribed alteration to a school; or
c
the information specified in Part IV of that Schedule where the proposals are to discontinue a school.
3
Proposals published under paragraph 5 of Schedule 23 must contain the information specified in Part V of Schedule 2 to these Regulations.
Manner of publication of proposals
5
1
This regulation prescribes for the purposes of section 28(3)(b) and section 29(3)(b), for the purposes of paragraph 5(4) of Schedule 6 and paragraph 5(2)(b) of Schedule 7 (in both cases where the proposals relate to a mainstream school) and for the purposes of paragraph 5(1)(a) of Schedule 23, the manner of publication of proposals required to be published under sections 28 or 29, paragraph 5(4) of Schedule 6, paragraph 5 of Schedule 7 or paragraph 5 of Schedule 23.
2
Any proposals for the establishment of a school shall be published–
a
by being posted in a conspicuous place in the area to be served by the school; and
b
in at least one newspaper circulating in that area.
3
Any proposals–
a
for the making of a prescribed alteration to a school which would not alter the area to be served by the school;
b
for the discontinuance of the school;
c
to apply to the school organisation committee to vary any standard number which applies to the school; shall be published–
d
by being posted in a conspicuous place in the area served by the school;
e
in at least one newspaper circulating in that area; and
f
by being posted at or near the main entrance to the school or, if there is more than one main entrance, all of them.
4
Any proposals for the making of a prescribed alteration to a school which would alter the area proposed to be served by the school, shall be published–
a
by being posted in a conspicuous place in the area served by the school and the area proposed to be served by the school;
b
in at least one newspaper circulating in the areas referred to in sub-paragraph (a) above; and
c
by being posted at or near the main entrance to the school, or, if there is more than one entrance, all of them.
5
Any proposals that paragraph 5(1) of Schedule 6 (requirement to implement proposals) should cease to apply in relation to proposals published under section 28 or 29, shall be published–
a
by being posted in a conspicuous place in the area or areas in which notice of the original proposals was required to be posted;
b
in at least one newspaper circulating in the area referred to in sub-paragraph (a) above; and
c
where the proposals relate to an existing school, by being posted at or near the main entrance to the school, or, if there is more than one entrance, all of them.
Information to be sent to School Organisation Committee or Secretary of State
6
1
This regulation prescribes–
a
for the purposes of section 28(6)(b), section 29(5)(b) and paragraph 5(1)(b) of Schedule 23 the information in connection with proposals published under section 28, section 29 or paragraph 5(1) of Schedule 23 which must be sent to the school organisation committee; and
b
for the purposes of paragraphs 2(5) and 3(5) of Schedule 7 the information in connection with proposals published under section 28 or section 29 pursuant to an order under paragraph 2 or 3 of Schedule 7 which must be sent to the Secretary of State.
2
Where proposals have been published under section 28 or 29 the relevant body or promoters shall send to the school organisation committee and (where the proposals were published pursuant to an order under paragraph 2 or 3 of Schedule 7) to the Secretary of State the information specified in Part II of Schedule 3 to these Regulations together with–
a
such of the information specified in Part III of that Schedule as applies to the proposals, where the proposals are to establish a new school;
b
such of the information specified in Part IV of that Schedule as applies to the proposals, where the proposals are to make a prescribed alteration to a school; and
c
such of the information specified in Part V of that Schedule as applies to the proposals, where the proposals are to discontinue a school.
3
Where proposals have been published under paragraph 5(1) of Schedule 23 the local education authority or governing body shall send to the school organisation committee the information specified in Part VI of Schedule 3.
Objections to proposals
7
1
This regulation–
a
prescribes for the purposes of paragraph 2(2)(a) and (3) of Schedule 6 and paragraph 7(2) of Schedule 7 the period within which objections to proposal mentioned in those paragraphs relating to mainstream schools may be sent and for the purpose of paragraph 5(5) of Schedule 23 the period during which objections to proposals mentioned in that paragraph may be sent; and
b
prescribes for the purposes of paragraph 2(2)(b) of Schedule 6 the period within which a local education authority must send copies of objections to proposals relating to mainstream schools.
2
Objections to proposals published under section 28 or 29, paragraph 5 of Schedule 7 or paragraph 5 or Schedule 23 shall be sent to the local education authority or the relevant committee (as the case may be)–
a
within two months after the date of publication of the proposals, except where sub-paragraph (b) applies; or
b
within one month after the date of publication of the proposals, where–
i
the proposals are published under section 28 to make a prescribed alteration to, or published under section 29 to discontinue, a school to which section 15 of the Act applies, or
ii
the proposals are published under section 28 to establish a new school on the same site as a school to which section 15 applies and which it is proposed to discontinue.
3
The local education authority shall send copies of objections to proposals published under section 28 or 29 together with the authority’s observations on them to the relevant school organisation committee in accordance with paragraph 2(2)(b) of Schedule 6 within–
a
one month after the end of the objection period except where the proposals fall within paragraph (2)(b); and
b
two weeks after the end of the objection period where the proposals fall within paragraph (2)(b).
Approval of proposals with modifications after consultation
8
1
This Regulation prescribes, for the purpose of paragraph 3(2)(c) of Schedule 6 or, as the case may be, that sub-paragraph as applied by paragraph 3(7) of that Schedule the persons or bodies with whom the school organisation committee or, as the case may be, an adjudicator, must consult before approving proposals relating to mainstream schools with modifications.
2
The persons or bodies prescribed are the persons or body who published the proposals; and
a
where the proposals are to establish a new foundation or voluntary school, the local education authority who it is proposed should maintain the school;
b
where the proposals were published by the governing body of a school, the local education authority who maintain the school; and
c
where the proposals were published by the local education authority to make a prescribed alteration to a foundation school consisting of an enlargement of the premises of the school, or to discontinue a voluntary or foundation school, the governing body of the school.
Conditional approvals
9
The following events are prescribed for the purposes of paragraph 3(3) of Schedule 6 and paragraphs 8(3) and 9(4) of Schedule 7 (which provide that approvals given under those paragraphs may be expressed to take effect only if an event specified in the approval occurs by a date so specified) in relation to approval of proposals relating to mainstream school–
a
the grant of planning permission under Part III of the Town and Country Planning Act 1990 ;
b
the acquisition of a site on which a new school, a proposed enlargement of the premises of a school or other alteration to the premises of the school is to be constructed;
c
the acquisition of playing fields to be provided for the school;
d
the securing of any necessary access to a site referred to in sub-paragraph (b) or playing fields referred to in sub-paragraph (c);
e
the entering into of a private finance transaction within the meaning of regulation 16 of the Local Authorities (Capital Finance) Regulations 1997 ;
f
the making of any scheme relating to any charity connected with the school or proposed school; and
Period after the expiry of which proposals must be referred to the adjudicator if requested
10
1
This regulation prescribes periods for the purposes of paragraphs 3(5) and 5(5) of Schedule 6, paragraph 8(5) of Schedule 7 (where the proposals relate to a mainstream school) and paragraph 6(7) of Schedule 23 (which provide that if, by the end of such period as may be specified in or determined in accordance with regulations, a school organisation committee has not voted on certain questions and if the bodies referred to in those paragraphs so request, the committee shall refer the proposals or matter to the adjudicator).
2
For the purposes of paragraph 3(5) of Schedule 6 the period, subject to paragraph (6), is the period ending–
a
where proposals were published by a local education authority, two months from the date on which the committee receive from the local education authority under paragraph 2(2)(b) of Schedule 6 and regulation 7(3), copies of all objections made together with the authority’s observations on them; and
b
where proposals were published by a governing body or promoters, two months from the end of the period within which objections may be sent to the committee in accordance with paragraph 2(3) of Schedule 6 and regulation 7(2), or, if later, two months from the date on which the committee receive the information referred to in regulation 6.
3
For the purposes of paragraph 5(5) of Schedule 6 the period, subject to paragraph (6), is the period ending–
a
where the matter is a request for modification of proposals, one month from the date which the committee notify persons whom they consult (pursuant to paragraph 5(2) of Schedule 6 and regulation 11(3)) is to be the date by which responses to the consultation must be received;
b
where the matter is a request to specify a later date, one month from the date of the request; and
c
where the matter is a proposal for the committee to make a determination under paragraph 5(3) of Schedule 6 to the Act,
i
where the proposals were published by a local education authority, two months from the date on which the committee receive from the local education authority under paragraph 2(2)(b) of Schedule 6, as it has effect with the modifications specified in Schedule 4 to these Regulations, copies the objections made together with the authority’s observations on them, and
ii
where the proposals were published by a governing body or promoters, two months from the end of the period within which objections may be sent to the committee in accordance with paragraph 2(3) of Schedule 6, as it has effect with the modifications specified in Schedule 4 to these Regulations, or, if later, two months from the date on which the committee receive the information specified in section 28(6) as it has effect with the modifications specified in Schedule 4 to these Regulations.
4
For the purposes of paragraph 8(5) of Schedule 7 the period, subject to paragraph (6), is two months from the date on which objections must be sent to the committee under paragraph 7 of Schedule 7 and regulation 7(2).
5
For the purposes of paragraph 6(7) of Schedule 23 the period, subject to paragraph (6) is two months from the date on which objections must be sent to the committee under paragraph 5(5) of Schedule 23 and regulation 7(2).
6
Where in the opinion of the committee one proposal or matter (“proposal A”) is related to another proposal or matter (“proposal B”) and the period relating to proposal A determined in accordance with paragraph (2), (3), (4) or (5) would end earlier than the period relating to proposal B, then, despite paragraph (2), (3), (4) or (5) the period relating to proposal A shall expire at the same time as the period relating to proposal B.
Modification of approved proposals
11
1
This regulation prescribes, for the purposes of paragraph 5(2) of Schedule 6 or, as the case may be, that sub-paragraph as applied by paragraph 5(7) of that Schedule the persons or body–
a
at whose request the school organisation committee or, as the case may be, the adjudicator may–
i
modify approved proposals relating to a mainstream school, or
ii
where approval of proposals in respect of a mainstream school was given in accordance with paragraph 3(3) of that Schedule (approval expressed to take effect only if an event specified in the approval occurs by a date so specified), specify a later date by which the event in question must occur; and
b
whom a school organisation committee or, as the case may be, an adjudicator must consult before modifying approved proposals relating to a mainstream school.
2
A school organisation committee or an adjudicator may modify approved proposals or specify a later date at the request of the persons or body who published the proposals.
3
Before modifying approved proposals a school organisation committee or an adjudicator shall consult the persons or body who published the proposals and–
a
where the proposals are to establish a new foundation or voluntary school, the local education authority who it is proposed should maintain the school;
b
where the proposals were published by the governing body of a school, the local education authority who maintain the school; and
c
where the proposals were published by the local education authority to make a prescribed attention to a foundation school consisting of an enlargement of the premises of the school or to discontinue a voluntary or foundation school, the governing body of the school.
4
In this regulation references to approved proposals include references to proposals which the local education authority have determined to implement under paragraph 4 of Schedule 6.
Provision of information
12
1
The school organisation committee shall, within two weeks of the date on which such proposals were sent to them, send to the Secretary of State a copy of all published proposals which are sent to them under section 28(6) (including proposals sent to them under section 28(6) as it has effect by virtue of Schedule 4 to these Regulations) or section 29(5) relating to mainstream schools.
2
The school organisation committee shall notify the following persons of each decision taken under paragraph 3(2) or 5(2) or (3) of Schedule 6 or paragraph 8(2)(a) or (b) of Schedule 7 relating to a mainstream school–
a
the persons or body who published the proposals;
b
(if different) the local education authority who maintain the school or (in the case of a new school) who it is proposed should maintain the school;
c
(if different) the governing body of the school to which the proposals relate;
d
subject to paragraph (8), each objector;
e
the Secretary of State; and
f
where the decision is to approve proposals for the revision of admission arrangements of a grammar school such as is mentioned in section 109(1) of the Act, the designated body within the meaning of section 105(3)(c) of the Act.
3
The school organisation committee shall notify the persons referred to in sub-paragraphs (a) to (c) and (e) of paragraph (2) if they refer any proposals or matter relating to a mainstream school to the adjudicator under paragraph 3(5) or (6), or 5(5) or (6) of Schedule 6 or paragraph 8(5) or (6) of Schedule 7.
4
The adjudicator shall notify the persons referred to in paragraph (2) of each decision taken under paragraph 3(2) or 5(2) or (3) of Schedule 6 relating to a mainstream school.
5
The school organisation committee and the adjudicator shall notify the persons referred to in subparagraph (a) to (d) of paragraph (2) of each decision taken under paragraph 6 of Schedule 23 or regulation 16.
6
The school organisation committee shall notify the persons referred to in sub-paragraphs (a) to (c) of paragraph (2) if they refer any matter to the adjudicator under paragraph 6 of Schedule 23 or regulation 16.
7
Where, pursuant to paragraph (2) or (5) the school organisation committee notify the persons referred to in subparagraphs (a) to (e) of paragraph (2) of a decision they shall also give reasons for that decision.
8
Where objections to a proposal take the form of a petition (that is to say a document containing the text of one objection signed by more than one objector) the school organisation committee or the adjudicator may comply with paragraph (2) , (4) or (5) as the case may be by–
a
notifying the person (if any) who appears to them to have arranged for the petition to be sent to the local education authority or school organisation committee; or
b
if there is no such person, notifying the objector whose name appears first on the petition.
9
Where proposals have been published under section 28 which by virtue of section 109(3)(b) of the Act and regulations made under that provision are of no effect, the school organisation committee shall notify the governing body which published the proposals and the local education authority.
10
Where proposals (“proposals A”) have been sent to the school organisation committee under section 28(6) or 29(5) or paragraph 5(3) of Schedule 7, and subsequently further proposals are sent to the committee under any of those provisions or under section 31(5) of the Act, which in the opinion of the committee are related to proposals A, the school organisation committee shall notify the persons or body who published proposals A of that fact and of the effect of regulation 10(6).
11
Paragraphs (4) and (5) shall not apply in relation to any decision provision for the notification of which is made by regulation 15 of the Education (Adjudicator’s Inquiry Procedure etc. ) Regulations 1999 .
Voting of committee on proposals under section 28, section 29 and Schedules 6, 7 and 23
13
1
In this Regulation references to a group of members of a school organisation committee shall be construed in accordance with the Education (School Organisation Committees) (England) Regulations 1999 .
2
Each group of members shall collectively have a single vote in relation to any decision of the committee as to whether or not–
a
in relation to proposals relating to a mainstream school, to give any approval under paragraph 3 of Schedule 6 or to–
i
modify any proposals,
ii
specify any later date, or
iii
make any determination under paragraph 5(2)(a) or (b) or (3) of that Schedule,
b
to make any recommendation such as is mentioned in paragraph 3(2) of Schedule 6 where that sub-paragraph applies with the modifications specified in paragraph 3 of Schedule 5 to these Regulations;
c
to make, vary or revoke a transitional exemption order under paragraph 21 of Schedule 6 or paragraph 16 of Schedule 7 in relation to proposals relating to a mainstream school;
d
to give any approval under paragraph 8 of Schedule 7 in relation to proposals relating to a mainstream school;
e
to make any decision authorised by or by virtue of paragraph 6 of Schedule 23;
f
to make any recommendation as is mentioned in paragraph 6(1) of Schedule 23 where that sub-paragraph applies with the modifications specified in paragraph 5 of Schedule 5 to these Regulations; or
g
to defer consideration of whether to make any decision or recommendation on any of the matters referred to in sub-paragraphs (a) to (f) above.
3
All decisions on questions referred to in paragraph (2) shall be unanimous decisions of those voting.
Time within which reference must be made to the adjudicator
14
1
Where by virtue of paragraph 3(5) or 5(5) of Schedule 6, paragraph 8(5) of Schedule 7, paragraph 6(7) of Schedule 23 or regulation 16, the committee are required to refer any proposals or matter relating to mainstream schools to the adjudicator they shall do so within two weeks of the receipt of the request under any of those paragraphs.
2
Where by virtue of paragraph 3(6), 5(6) or 21(4)(a) of Schedule 6, paragraph 8(6) of Schedule 7, paragraph 6(8) of Schedule 23 or regulation 16, the committee are required to refer any proposals or matter relating to mainstream schools to the adjudicator they shall do so within two weeks of the date on which the committee voted but failed to reach a unanimous decision or (in the case of proposals required to be referred to the adjudicator under paragraph 8(6)(b) of Schedule 7) within two weeks of the date on which the committee decided not to give any approval under paragraph 8 of that Schedule.
Application of and modification to provisions of the Act in special cases
15
1
Schedule 4 to these Regulations has effect for the purpose of applying, with modifications where specified, provisions of section 28 and Part I of Schedule 6 in relation to proposals published under paragraph 5(4) of Schedule 6 relating to mainstream schools.
2
Subject to paragraph (3), Part I of Schedule 5 to these Regulations has effect for specifying the modifications to which section 28(6), section 29(5) and Schedule 6 are to be subject where proposals are published under section 28 or 29 for the transfer of a school to a site in a different area or which relate to a school which is or, is proposed to be, situated in an area other than that of the local education authority who maintain or who it is proposed should maintain the school.
3
The modifications to section 28(6), section 29(5) and Schedule 6 contained in Part I of Schedule 5 to these Regulations shall not however apply in relation to any proposals published under sections 28 or 29 in relation to which Chapter II of Part II of the Act has effect with the modifications specified in the Schedule to the Transition Regulations.
4
Subject to paragraph (5), Part II of Schedule 5 to these Regulations has effect for specifying the modifications to which paragraphs 5 and 6 of Schedule 23 are to be subject where proposals are published under paragraph 5 of Schedule 23 which relate to a school which is situated in an area other than that of the local education authority who maintain the school.
5
The modifications to paragraphs 5 and 6 of Schedule 23 contained in Part II of Schedule 5 to these Regulations shall not however apply in relation to any proposals published under paragraph 5 of Schedule 23 in relation to which that Schedule has effect with the modifications specified in regulation 9 of the School Standards and Framework Act 1998 (Admissions and Standard Numbers) (Modification) Regulations 1999 .
Review of standard number decisions
16
1
This regulation makes provision, for the purposes of paragraph 6(10) of Schedule 23 for enabling the school organisation committee or the adjudicator–
a
to review any relevant decision, that is to say a decision of theirs under paragraph 6(1) of that Schedule varying or, as the case may be, refusing to vary any standard number; and
b
if appropriate, to revoke or vary that decision.
2
The school organisation committee or (if the decision was made by him) the adjudicator may review a relevant decision where they are satisfied, upon the application of the local education authority or the governing body, that–
a
the decision was wrongly made by virtue of a material error of fact contained in the information provided to the school organisation committee in accordance with regulation 6(2); or
b
there was an obvious error in the decision.
3
No such application for the review of a relevant decision shall be made later than one month after the date on which the person mentioned in paragraph 4(3) of Schedule 23 was given written notice of that decision by the school organisation committee or, as the case may be, the adjudicator.
4
Every such application shall be by notice in writing setting out the grounds on which it is made; and the body making the application shall forthwith serve a copy of it on the governing body or (in a case where it was made by that body) the local education authority who, in either case, shall then be entitled, not later than 14 days after the date of service, to make written representations to the school organisation committee or (as the case may be) the adjudicator in relation to the application.
5
If, having considered the application and any representations made as mentioned in paragraph (4), the school organisation committee or (as the case may be) the adjudicator determine–
a
that they are not satisfied as mentioned in paragraph (2) and that therefore the relevant decision does not fall to be reviewed; or
b
(where they are so satisfied) that the relevant decision should be revoked or varied, they shall forthwith give written notice of that determination to the governing body and the local education authority.
6
If–
a
by not later than two months following the receipt of an application made in accordance with this regulation for the review of a relevant decision of theirs, the school organisation committee have not voted on the question of whether–
i
they are satisfied as mentioned in paragraph (2), or
ii
(where they are so satisfied) the decision should be revoked or varied; and
b
the body by whom the application was made request the committee to refer the application to the adjudicator, they shall refer the application to the adjudicator.
7
The committee shall also refer the application to the adjudicator if they have voted on that question but failed to reach a unanimous decision.
8
Where any application is referred to the adjudicator under paragraphs (6) or (7)–
a
he shall consider the application afresh; and
b
paragraph (5) shall apply to him in connection with his decision on the application as it applies to the committee.
Construction of certain references to School Organisation Committee, Adjudicator etc.
17
1
Where regulation 19(4) of the Transition Regulations applies, the reference in regulation 11 to the school organisation committee or, as the case may be, the adjudicator shall be have affect as a reference to the Secretary of State.
2
Where Chapter II of Part II of the Act has effect in relation to any proposals with the modifications specified in the Schedule to the Transition Regulations, then in relation to those proposals–
a
references in regulation 6 and regulation 7 to the school organisation committee shall have effect as references to the Secretary of State;
b
regulation 6(1)(b), the words “and (where the proposals were published pursuant to an order under paragraph 2 or 3 of Schedule 7) to the Secretary of State” in regulation 6(2) and regulations 10 and 14 shall not have effect;
c
references in regulations 8 and 11 to the school organisation committee or, as the case may be, the adjudicator shall have effect as references to the Secretary of State; and
d
the reference, in paragraph 3 of Schedule 2 to these Regulations, to paragraph 2 of Schedule 6 or, as the case may be, paragraph 7 of Schedule 7 shall have effect as a reference to those paragraphs with the modifications so specified and accordingly the reference in paragraph 3(b) of Schedule 2 to the school organisation committee shall have effect as a reference to the Secretary of State.
3
Where paragraph 5(5) of Schedule 23 has effect subject to the modifications specified in paragraph 4 of Schedule 5 to these Regulations the reference, in paragraph 26 of Schedule 2 to these regulations, to paragraph 5(5) of Schedule 23 shall have effect as a reference to that paragraph subject to the modifications so specified.
4
Where in relation to any school paragraph 6(10) of Schedule 23 has effect with the modifications specified in regulation 9 of the School Standards and Framework Act 1998 (Admissions and Standard Numbers) (Modifications) Regulations 1999 –
a
references in regulation 16(1) to (5) to the school organisation committee or, as the case may be, the adjudicator shall be treated as references to the Secretary of State; and
b
regulation 16(6) to (8) shall not have effect.
Amendment of Transition Regulations
18
1
The Transition Regulations in relation to England are hereby amended as follows.
2
In regulation 12(b)(i) and (ii) for “section 42(1)(b)” there shall be substituted “section 41(1)(b)” in both places where they occur.
Revocation
19
The Education (Publication of Proposals for Reduction in Standard Numbers) Regulations 1991 and the Education (Publication of School Proposals and Notices) Regulations 1993 (insofar as they continue to have effect, despite the repeal of the provisions containing the powers under which they were made, by virtue of the re-enactment of those powers with modifications) are hereby revoked in relation to England.
Estelle Morris
Minister of State,
Department for Education and Employment
29th July 1999


text:
1
1
This Order may be cited as the Conservation of Seals (England) Order 1999 and shall come into force on 19th December 1999.
2
This Order does not extend to Scotland.
2
There is prohibited, within the territorial limits set out in article 3, the killing, injuring or taking of seals of the species known as Halichoerus grypus (grey seals) and Phoca vitulina (common seals).
3
For the purposes of article 2, the territorial limits of this Order are —
a
the counties of Durham, East Riding of Yorkshire, East Sussex, Essex, Hartlepool, Kent, Kingston-upon-Hull, Lincolnshire, the Medway Towns, Middlesbrough, Norfolk, North East Lincolnshire, North Lincolnshire, North Yorkshire, Northumberland, Redcar and Cleveland, Southend-on-Sea, Stockton-on-Tees, Suffolk, Thurrock, Tyne and Wear and the administrative area of Greater London; and
b
those territorial waters adjacent to England which are —
i
to the south of a line drawn at 055 true from the point on the mainland at 55 48 .67 North latitude and 02 02 .0 West longitude; and
ii
adjacent to any of the counties specified in paragraph (a) and, in the case of East Sussex, not further west than a line drawn true south from Newhaven Breakwater Head Light which is at 50 46 .5 North latitude and 00 03 .6 East longitude.
Mike O'Brien
Parliamentary Under-Secretary of State
Home Office
11th November 1999


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


text:
1
This Order may be cited as the Value Added Tax (Terminal Markets) Order 1999 and shall come into force on 1st January 2000 and shall have effect in relation to supplies made on or after that date.
2
The Value Added Tax (Terminal Markets) Order 1973 shall be amended in accordance with articles 3 to 8 below.
3
In article 2(2) for “the London Gold Market” there shall be substituted “the London Bullion Market” and the words “the London Silver Market” shall be deleted.
4
After article 2(3) there shall be inserted —
4
Notwithstanding paragraph 3 above, for the purposes of this Order a person is to be regarded as being a member of the London Bullion Market only if that person is a member of the London Bullion Market Association.
.
5
After article 2(4) there shall be inserted —
5
In this Order —
“investment gold” has the same meaning as that expression has for the purposes of Group 15 of Schedule 9 to the Value Added Tax Act 1994;
“ the Act ” means the Value Added Tax Act 1994.
.
6
In article 3(1)(a) after the word “goods” there shall be inserted “, other than investment gold,”.
7
In article 3(1)(c) after the word “made” there shall be inserted “, or where a supply of a description falling within article 4 or 5 below is made,”.
8
After article 3 there shall be added —
4
Supplies between taxable persons which but for Note 4(a) to Group 15 of Schedule 9 to the Act (exemption for investment gold) would have fallen within that Group are hereby zero-rated.
5
Subject to articles 6 and 7 below, section 55(1) to (4) of the Act (customers to account for tax on supplies of gold) shall apply to any supply between taxable persons which but for Note 4(b) to Group 15 of Schedule 9 to the Act would have fallen within that Group.
6
Subject to article 7 below, where a taxable person who is not a member of the London Bullion Market Association makes or receives a supply falling within the description in article 5 is liable to be registered under Schedule 1 or under Schedule 3 to the Act solely by virtue of that supply or acquisition, paragraphs 5 to 8 of Schedule 1 or paragraph 3 of Schedule 3 to the Act (notification of liability and registration) shall not apply.
7
Notwithstanding section 55(2) of the Act, where articles 5 and 6 above apply, it shall be for the London Bullion Market Association member, on the non-member’s behalf, to keep a record of the supplies and to pay to the Commissioners of Customs and Excise the net amount of VAT , and not for the person who is not a member.
.
Bob Ainsworth
David Jamieson
Two of the Lords Commissioners of Her Majesty’s Treasury
19th November 1999


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Education (Budget Statements and Supplementary Provisions) Regulations 1999 and shall come into force on 23rd March 1999.
2
Regulations 4 to 8 shall apply only in relation to local education authorities in England.
Interpretation
2
1
In these Regulations —
“the 1996 Act ” means the Education Act 1996 ;
“the 1998 Act ” means the School Standards and Framework Act 1998;
“the 1995 Regulations ” means the Education (School Financial Statements) (Prescribed Particulars etc. ) Regulations 1995 ;
“the 1999 Regulations ” means the Financing of Maintained Schools Regulations 1999 ;
“allocation formula” means the authority’s formula under regulation 10 of the 1999 Regulations used to determine schools' budget shares;
“authority” means a local education authority;
“budget statement” means the statement referred to in section 52(1) of the 1998 Act;
“factor” means one of the factors or criteria taken into account in the allocation formula;
“ ISB ” means an authority’s individual schools budget within the meaning of section 46(2) of the 1998 Act;
“ LSB ” means an authority’s local schools budget within the meaning of section 46(1) of the 1998 Act;
“maintained school” means
in relation to the period ending immediately before 1st September 1999, a county, voluntary, maintained special, grant-maintained or grant-maintained special school within the meaning of the 1996 Act; and
in relation to the period beginning on 1st September 1999, a community, foundation or voluntary school or a community or foundation special school;
“relevant” in relation to “age”, “age group” and “year group” means an age, age group or year group separately treated in the allocation formula for the purposes of determining that part of each school’s budget share which is to be determined by reference to numbers of registered pupils;
“school” means a maintained school;
“special educational needs” and “special educational provision” have the meanings given to those expressions by section 312 of the 1996 Act; and
“statement” in relation to a pupil with special educational needs means a statement made under section 324 of the 1996 Act.
2
In these Regulations, unless the context otherwise requires, —
a
references to primary or secondary schools do not include special schools; and
b
references to the number or numbers of registered pupils at one or more schools are references to the number or numbers of such pupils required under the allocation formula to be used for the initial determination of that school’s budget share or those schools' budget shares for the year but ignoring any weighting in accordance with paragraph (7) or any adjustment under paragraph (8) of regulation 11 of the 1999 Regulations.
3
The following table shows provisions of the 1996 Act or the 1998 Act defining or otherwise explaining expressions used in these Regulations —
financial year section 579(1) of the 1996 Act scheme section 48(1) of the 1998 Act school’s budget share section 47(1) of the 1998 Act
4
Any reference in these Regulations to a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered.
Revocation and saving
3
1
The 1995 Regulations are revoked in so far as they apply to budget statements as therein defined prepared by local education authorities in England.
2
Notwithstanding paragraph (1) above —
a
the Education (School Financial Statements) (Prescribed Particulars etc.) Regulations 1990 shall continue to apply to local education authorities in England in relation to a financial year beginning on or before 1st April 1992;
b
the Education (School Financial Statements) (Prescribed Particulars etc.) Regulations 1993 shall continue to apply to local education authorities in England in relation to the financial year beginning on 1st April 1993;
c
the Education (School Financial Statements) (Prescribed Particulars etc.) Regulations 1994 shall continue to apply to local education authorities in England in relation to the financial year beginning on 1st April 1994;
d
the 1995 Regulations shall continue to apply to local education authorities in England in relation to the financial years beginning on 1st April 1995 to 1998.
Prescribed form of, and information to be contained in, budget statements
4
A budget statement shall be prepared in four parts, and shall contain the information prescribed for the purposes of section 52(1) of the 1998 Act, as follows —
a
Part 1 shall be in the form prescribed in Schedule 1 and shall contain the information, relating to the authority’s planned expenditure for the financial year to which the budget statement relates, specified in the notes to Part 1 in Schedule 1;
b
Part 2 shall be in the form prescribed in Schedule 2 and shall contain the information, with respect to the authority’s planned expenditure for each school for the financial year to which the budget statement relates, specified in the notes to Part 2 in Schedule 2;
c
Part 3 shall be in the form prescribed in Schedule 3 and shall contain the information with respect to the authority’s allocation formula specified in the notes to Part 3 in Schedule 3; and
d
Part 4 shall contain the information with respect to the budget share of each school for the financial year to which the budget statement relates specified in Schedule 4.
Prescribed manner and time of publication of budget statements
5
For the purposes of section 52(3)(b) of the 1998 Act, every budget statement shall be published by —
a
supplying a copy to the Secretary of State for Education and Employment in accordance with regulation 6; and
b
making a copy available for reference by parents and other persons at all reasonable times and without charge at each education office of the authority.
6
1
Parts 1 and 2 of the budget statement shall be supplied to the Secretary of State for Education and Employment in the form of machine readable data on a floppy disc provided for that purpose by the Secretary of State.
2
Parts 3 and 4 of the budget statement for the financial year beginning on 1st April 1999 may be supplied to the Secretary of State for Education and Employment in the form of machine readable data and for following financial years shall be so provided.
3
Any computer language or software used to supply tables must be one which the Secretary of State has notified to the authority.
7
1
A budget statement shall be published before the beginning of the financial year to which it relates.
2
A budget statement may not be revised during the financial year to which it relates other than to correct errors in the statement as previously published.
3
A revised budget statement shall be subject to regulations 4, 5, 6, 7(2) and 8.
8
The authority shall furnish the governing body and head teacher of each school maintained by them with a copy of Parts 1, 2 and 3 of the budget statement and with a copy of that part of Part 4 of the budget statement which relates to the school in question, save that if the governing body or the head teacher so request the authority shall furnish them with a complete copy of Part 4 of the budget statement.
Supplementary provision in relation to unspent grant paid to grant-maintained and grant-maintained special schools
9
Where at the beginning of a financial year commencing on or after 1st April 1999, the governing body of a maintained school have any unspent maintenance or special purpose grant under Chapter VI of Part III of the 1996 Act paid before that date then —
a
that unspent grant shall be treated for the purposes of section 52(2)(c) of the 1998 Act as a resource allocated at the beginning of that financial year by the local education authority which maintains the school;
b
that local education authority shall make arrangements for the audit of the governing body’s expenditure of that unspent grant during the course of that financial year as if it were an amount made available by them to the governing body.
Estelle Morris
Minister of State,
Department for Education and Employment
1st March 1999


text:
Citation, commencement, extent, application and interpretation
1
1
These Regulations may be cited as the Major Precepting Authorities (Excessive Budget Requirements — Payments) (England) Regulations 1999, and shall come into force on 15th November 1999.
2
These Regulations extend to England only and apply to sums payable by a major precepting authority under section 31 of the Local Government Act 1999 in respect of the financial year.
3
In these Regulations, “the financial year” means the year beginning with 1st April 1999.
Calculation of payment
2
The sum which a major precepting authority must pay to a billing authority shall be equal to —
A × Tb × Q F
where —
A is the amount which is required to be calculated in accordance with the Schedule to the Local Authorities (Alteration of Requisite Calculations) (England) Regulations 1999 as expenditure for the purposes of section 43(2)(a)(ii) of the Local Government Finance Act 1992 and as the aggregate of sums for the purpose of section 44(3)(c) of that Act and which is referred to in paragraph 1(2) of that Schedule;
Tb is the amount of the council tax base of the billing authority for its area, or, where the precept relates to a part of the billing authority’s area only, for that part of the area, and which in either case is included in the aggregate of amounts of council tax bases which is T for the purposes of section 44 of the Local Government Finance Act 1992;
Q is the amount shown for the billing authority in column 2 of Table A in the Schedule to the Collection Fund (General) (England) Direction 1999 made by the Secretary of State on 3rd February 1999; and
F is the aggregate of Tb multiplied by Q for all the billing authorities to which the precepting authority has issued a precept.
Payments
3
1
Where the precepting authority and the billing authority have not before the date these Regulations come into force agreed when the sum calculated under regulation 2 is to be paid, then —
a
that sum shall be paid in equal instalments on the instalment days in the financial year remaining after that date;
b
where there are no such instalment days, the whole of the sum shall be paid before 1st December 1999.
2
In this regulation, “the instalment days” means, in relation to a billing authority, the days in the financial year contained in the schedule of instalments determined before the date on which these Regulations come into force by that billing authority under regulations 4 and 6 of the Local Authorities (Funds) (England) Regulations 1992 .
Signed by authority of the Secretary of State forthe Environment, Transport and the Regions
Hilary Armstrong
Minister of State,
Department of the Environment Transport and the Regions
18th October 1999


text:
1
This Order may be cited as the Kirkley Hall College, Ponteland, Northumberland (Dissolution) Order 1999, and shall come into force on 1st January 2000.
2
On 1st January 2000 the corporation shall be dissolved and all of its property, rights and liabilities shall be transferred to Northumberland College, being a body corporate established for purposes which include the provision of educational facilities or services.
3
Section 26(2), (3) and (4) of the Act shall apply to any person employed by the corporation immediately before 1st January 2000 as if the references in that section–
a
to a person to whom that section applies were to a person so employed;
b
to the operative date were to 1st January 2000;
c
to the transferor were to the corporation; and
d
to the corporation were to Northumberland College.
Tessa Blackstone
Minister of State,
Department for Education and Employment
8th December 1999


text:
1
This Order may be cited as the Public Telecommunication System Designation (Axxon Telecom Limited) Order 1999 and shall come into force on 13th July 1999.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Michael Wills,
Parliamentary Under Secretary of State for Small Firms, Trade and Industry,
Department of Trade and Industry
9th June 1999