text:
Citation and commencement
1
This Order may be cited as The Lifecare National Health Service Trust (Dissolution) Order 1999 and shall come into force on 1st April 1999.
Dissolution of NHS trust
2
The Lifecare National Health Service Trust established by The Lifecare National Health Service Trust (Establishment) Order 1990 shall be dissolved on 1st April 1999, and accordingly that Order revoked on that date.
Signed by authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
22nd February 1999


type: legislation

jurisdiction: UK

text:
1
These Regulations may be cited as the Insurance (Fees) Regulations 1999 and shall come into force on 1st April 1999.
2
The Insurance (Fees) Regulations 1998 are hereby revoked.
3
In these Regulations–
“ the Act ” means the Insurance Companies Act 1982;
“Community deposit company” means an insurance company (other than a pure reinsurer) whose head office is not in a Member State and which has made a deposit in a Member State other than the United Kingdom in accordance with section 9(1)(c) as it has effect in pursuance of section 9(2)(b) of the Act;
“gross premium receivable” means the gross amount of premiums receivable required to be included in the documents required to be deposited under section 22(1) of the Act in relation to the financial year to which the documents relate (or, where by reason of an order made under section 68 of the Act such amounts are not required to be included, the amount which would otherwise have been required to be so included) being–
in the case of a company (other than a Community deposit company or a Swiss general insurance company) which carries on either long term business or general business but not both, premiums receivable in respect of its global business;
in the case of a company (other than a Community deposit company) which carries on both long term business and general business, the sum of premiums receivable in respect of its global long term business and its global general business;
in the case of a Community deposit company which carries on either long term business or general business but not both through a branch in the United Kingdom, premiums receivable in respect of its United Kingdom branch business;
in the case of a Community deposit company which carries on both long term business and general business through a branch in the United Kingdom, the sum of premiums receivable in respect of its United Kingdom branch long term business and United Kingdom branch general business;
in the case of a Swiss general insurance company which carries on general business through a branch in the United Kingdom, premiums receivable in respect of its United Kingdom branch business;
“group” means a body corporate together with:–
all of its wholly-owned subsidiaries;
any body corporate of which it is a wholly-owned subsidiary;
all bodies corporate which are wholly-owned subsidiaries of any such body corporate as is first mentioned in (b) above;
“pure reinsurer” means an insurance company whose authorisation to carry on business in the United Kingdom is restricted to reinsurance;
“wholly-owned subsidiary” has the meaning given to it by section 736(2) of the Companies Act 1985 ;
“winding up” includes an analogous procedure under any jurisdiction other than that of any part of the United Kingdom
and words and expressions which are also used in the Act shall have the same construction as in the Act.
4
Subject to regulations 5 to 8 below, when documents are deposited under section 22(1) of the Act the insurance company concerned shall pay to the Treasury the fee as set out in the table below, according to the amount of its gross premiums receivable for the financial year to which the documents deposited relate:
Gross premiums receivable Fee
Up to £500,000 £300 Over £500,000 up to and including £2,000,000 £1,000 Over £2,000,000 up to and including £5,000,000 £6,500 Over £5,000,000 up to and including £20,000,000 £16,000 Over £20,000,000 up to and including £75,000,000 £27,500 Over £75,000,000 £40,000
5
These Regulations do not apply in the case of an EC company.
6
1
Subject to paragraph (2) below, where the sum of the fees payable under regulations 4 and 5 above by all the insurance companies within a group exceeds £280,000 the fee in respect of each of those insurance companies shall be abated proportionately so that the sum of the fees payable by those insurance companies is £280,000.
2
For the purposes of paragraph (1) above, an insurance company shall be deemed to be a member of a group at the date upon which it deposits documents in respect of a financial year in accordance with section 22(1) of the Act if it was a member of that group at the end of the financial year to which those documents relate.
7
No fee shall be payable under regulation 4 where, at the date upon which documents are deposited under section 22(1) of the Act —
a
the insurance company is subject to the process of winding up and cannot lawfully effect any contracts of insurance; or
b
the insurance company is subject to a direction given under section 11 of the Act or section 11 of the Insurance Companies Act 1981 , or given under section 12A of the Act and confirmed by the Treasury pursuant to section 12A(6) of the Act , that it shall cease to be authorised to effect contracts of insurance (including reinsurance) of all classes for which it had been authorised under section 3 or 4 of the Act or under section 3 or 4 of the said Act of 1981; or
c
the insurance company is subject to a restriction imposed under section 68 of the Companies Act 1967 or section 13 of the Insurance Companies Amendment Act 1973 , or imposed or deemed to have been imposed under section 29 of the Insurance Companies Act 1974 which, in any of those cases and taking into account the authorisation of the company, has the result that the company is prohibited from effecting any contract of insurance (including reinsurance) in the United Kingdom.
8
These Regulations do not apply when copies of an abstract of an actuary’s report of an investigation made under section 18(1) of the Act are deposited with the Treasury unless the abstract is of a report of an investigation which is required to be made by paragraph (a) of that subsection.
9
Where a statement is deposited under section 86(1) of the Act by the Council of Lloyd’s it shall pay to the Treasury a fee of £200,000.
10
For the purposes of section 94A(6) of the Act, the relevant functions of the Treasury in relation to insurance companies and the members of Lloyd’s are anything done for the purpose of or in connection with —
a
sections 11 to 13, Part II, sections 75 and 78, Part IIIA, Part IV and section 94A of the Act including prosecution of offences alleged to have been committed under any of those provisions or under provisions in earlier legislation which are analogous to those provisions;
b
section 98 of the Act in respect of the functions set out in sub-paragraph (a) above;
c
proposals for United Kingdom and European Communities legislation.
Jim Dowd
Clive Betts
Two of the Lords Commissioners of Her Majesty’s Treasury
5th March 1999


text:
Citation, commencement and extent
1
1
This Order may be cited as the Homelessness (Asylum-Seekers) (Interim Period) (England) Order 1999 and shall come into force on 6th December 1999.
2
This Order extends to England only.
Modification of Part VII of the Housing Act 1996 for certain asylum-seekers
2
Part VII of the Housing Act 1996 (homelessness) shall have effect in relation to asylum-seekers who are section 185(2) persons with the modifications specified in the following provisions of this Order.
Referrals to other local authorities
3
In section 198 (referral of case to another local housing authority) —
a
in subsection (3), after “this purpose”, there shall be inserted “, and for the purpose of subsection (4A)(c),”; and
b
after subsection (4), there shall be inserted —
4A
The conditions for referral of the case to another authority are also met if —
a
the local housing authority to whom the application has been made and another housing authority have agreed that the case should be referred to that other authority;
b
that other authority has provided written confirmation of the agreement to the local housing authority; and
c
neither the applicant nor any person who might reasonably be expected to reside with him will run the risk of domestic violence in the district of that other authority.
4B
When reaching the agreement referred to in subsection (4A)(a), the local housing authority to whom the application was made and the other authority need not have regard to —
a
any preference that the applicant, or any person who might reasonably be expected to reside with him, may have as to the locality in which the accommodation is to be secured; or
b
whether the applicant, or any person who might reasonably be expected to reside with him, has a local connection with the district of any local housing authority.
.
Discharge of functions by local housing authorities
4
In section 206 (discharge of functions by local housing authorities), after subsection (1), there shall be inserted —
1A
In discharging their housing functions under this Part, a local housing authority shall have regard to the desirability, in general, of securing accommodation in areas in which there is a ready supply of accommodation.
.
Out-of-area placements
5
In section 208 (discharge of functions: out-of-area placements), after subsection (1), there shall be inserted —
1A
Subsection (1) shall not apply where —
a
the local housing authority and another housing authority have agreed that the local housing authority may secure that accommodation is available for the occupation of all or an agreed number of asylum-seekers who are section 185(2) persons in that other authority’s district; and
b
that other authority has provided written confirmation of the agreement to the local housing authority.
.
Suitability of accommodation
6
In section 210 (suitability of accommodation), after subsection (1), there shall be inserted —
1A
In determining for the purposes of this Part whether accommodation is suitable for an applicant, or any person who might reasonably be expected to reside with him, the local housing authority —
a
shall also have regard to the fact that the accommodation is to be temporary pending the determination of the applicant’s claim for asylum; and
b
shall not have regard to any preference that the applicant, or any person who might reasonably be expected to reside with him, may have as to the locality in which the accommodation is to be secured.
.
The interim period
7
This Order shall cease to have effect on the date on which section 186 of the Housing Act 1996 (asylum-seekers and their dependants) is repealed by the Immigration and Asylum Act 1999 (as to which see section 117(5) of that Act).
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Nick Raynsford
Minister of State,
Department of the Environment, Transport and the Regions
22nd November 1999


text:
Citation and commencement
1
These Regulations may be cited as the Legal Aid in Criminal and Care Proceedings (General) (Amendment) (No. 5) Regulations 1999 and shall come into force on 5th October 1999.
Interpretation
2
In these Regulations a reference to any regulation or Schedule by number alone means the regulation or Schedule so numbered in the Legal Aid in Criminal and Care Proceedings (General) Regulations 1989 .
Transitional provisions
3
1
These Regulations shall apply to applications for legal aid made on or after 5th October 1999, and applications before that date shall be treated as if these Regulations had not come into force.
2
Where a person at any time on or after 5th October 1999 receives family credit or disability working allowance under Part VII of the Social Security Contributions and Benefits Act 1992 in pursuance of a decision made before that date, his disposable income shall be assessed as if these Regulations had not come into force.
Amendments to the Legal Aid in Criminal and Care Proceedings (General) Regulations 1989
4
In regulation 3(1) —
a
for the definition of “disability working allowance” there shall be substituted: —
“disabled person’s tax credit” means a disabled person’s tax credit under the Social Security and Benefits Act 1992 ;
;
b
for the definition of “family credit” there shall be substituted: —
“working families' tax credit” means a working families' tax credit under the Social Security and Benefits Act 1992;
.
5
1
In regulation 37(1)(a), for “income-based jobseeker’s allowance, income support, family credit or disability working allowance (in this regulation referred to as “income-related benefits”)” there shall be substituted “any qualifying benefit”.
2
In regulation 37(1) and (3), for “receipt of income-related benefits” there shall be substituted “receipt of that qualifying benefit”.
3
After regulation 37(4) there shall be inserted: —
5
In this regulation “qualifying benefit” has the meaning given by regulation 26(3A).
.
6
1
In Schedule 2, Form 1 shall be amended as follows: —
a
in Section 5, for “family credit or disability working allowance” there shall be substituted “family credit, disability working allowance, working families' tax credit or disabled person’s tax credit”;
b
at the end of Section 5, there shall be inserted the following: —
Note: if you receive working families' tax credit or disabled person’s tax credit, but the amount which has to be taken off the maximum is more than £70 a week, you should tick box (c) and not box (a), and give a statement of your means by completing Form 5. If you do not know which box to tick, please ask the Inland Revenue Tax Credit office to help you.
;
c
in Section 8, after “Disability Working Allowance” there shall be inserted “, working families' tax credit or disabled person’s tax credit,”.
2
In Schedule 2, the Welsh language version of Form 1 shall be amended as follows: —
a
in Section 5, for the words from “Lwfans Chwilio” to “seiliedig ar Incwm” there shall be substituted “Lwfans Ceisio Gwaith seiliedig ar Incwm, Cymhorthdal Incwm, Credyd Teulu, Lwfans Gweithio i'r Anabl, Credyd Treth i Bobl Anabl neu Credyd Treth i Deuluoedd sy'n Gweithio”;
b
at the end of Section 5, there shall be inserted the following: —
Nodyn: os ydych chi'n derbyn Credyd Treth i Deuluoedd sy'n Gweithio neu Credyd Treth i Bobl Anabl, ond bod y swm sydd i'w dynnu o'r y mwyafswm yn fwy na £70 yr wythnos, dylech chi roi tic ym mlwch (c) ac nid ym mlwch (a), a rhoi datganiad o'ch modd drwy lenwi Ffurflen 5. Os nad ydych chi'n gwybod pa flwch i'w dicio, gofynnwch i Swyddfa Credyd Cyllid y Wlad am help.;
c
in Section 8, for the words from “Lwfans Chwilio” to “seiliedig ar Incwm” there shall be substituted “Lwfans Ceisio Gwaith seiliedig ar Incwm, Cymhorthdal Incwm, Credyd Teulu, Lwfans Gweithio i'r Anabl, Credyd Treth i Bobl Anabl neu Credyd Treth i Deuluoedd sy'n Gweithio”.
3
In Schedule 2, Form 5 shall be amended as follows: —
a
in the first paragraph, for “family credit or disability working allowance” there shall be substituted “family credit, disability working allowance, working families' tax credit or disabled person’s tax credit”;
b
after the first sentence of the first paragraph, there shall be inserted: —
You must also complete this form if you receive working families' tax credit or disabled person’s tax credit, but the amount which has to be taken off the maximum is more than £70 a week.
.
4
In Schedule 2, the Welsh language version of Form 5 shall be amended as follows: —
a
in the first paragraph, for the words from “Lwfans Chwilio” to “seiliedig ar Incwm” there shall be substituted “Lwfans Ceisio Gwaith seiliedig ar Incwm, Cymhorthdal Incwm, Credyd Teulu, Lwfans Gweithio i'r Anabl, Credyd Treth i Bobl Anabl neu Credyd Treth i Deuluoedd sy'n Gweithio”;
b
after the first sentence of the first paragraph, there shall be inserted: —
Rhaid i chi lenwi'r ffurflen hon os ydych chi'n derbyn Credyd Treth i Deuluoedd sy'n Gweithio neu Credyd Treth i Bobl Anabl, ond bod y swm sy'n gorfod cael ei dynnu oddi ar y mwyafswm yn fwy na £70 yr wythnos.
.
7
In Schedule 3, in paragraph 16(b)(ii), for “family credit or disability working allowance” there shall be substituted “family credit, disability working allowance, working families' tax credit or disabled person’s tax credit”.
Signed by authority of the Lord Chancellor
Keith Vaz
Parliamentary Secretary
Lord Chancellor’s Department
30th September 1999
We consent
Jim Dowd
Bob Ainsworth
Two of the Lords Commissioners of Her Majesty’s Treasury
4th October 1999


text:
1
These Regulations may be cited as the Income Tax (Paying and Collecting Agents) (Amendment) Regulations 1999 and shall come into force on 6th April 1999.
2
In regulation 2B(2) of the Income Tax (Paying and Collecting Agents) Regulations 1996 for the words “and the Personal Equity Plan Regulations 1989 ” there shall be substituted “, the Personal Equity Plan Regulations 1989 and the Individual Savings Account Regulations 1998 ”.
S C T Matheson
G H Bush
Two of the Commissioners of Inland Revenue
15th March 1999


text:
Citation and commencement
1
These Regulations may be cited as the Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 1999 and shall come into force on 4th June 1999.
Amendment of the recovery and recycling targets for 1999 and 2000
2
Schedule 2 (recovery and recycling obligations) to the Producer Responsibility Obligations (Packaging Waste) Regulations 1997 is amended as follows–
a
at the end of paragraph 4(a), add “and 43% respectively”;
b
in paragraph 4(b), for “43%” substitute “45%”;
c
at the end of paragraph 5(a), add “and 10% respectively”, and
d
in paragraph 5(b), for “11%” substitute “13%”.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Michael Meacher
Secretary of State for the Environment, Transport and the Regions
11th May 1999
Sewel
Parliamentary Under Secretary of State, Scottish Office
13th May 1999


text:
Citation and commencement
1
These Regulations may be cited as the Education (Information About Individual Pupils) (England) Regulations 1999 and shall come into force on 16th April 1999.
Interpretation
2
In these Regulations —
“the 1996 Act ” means the Education Act 1996;
“authority”, in relation to any school referred to in Part I of Schedule 1 to these Regulations means the local education authority which maintains the school ;
“ GCE ‘A’ level examination” and “ GCE ‘AS’ examination” mean General Certificate of Education advanced level examination and General Certificate of Education advanced supplementary examination respectively;
“ GCSE ” means General Certificate of Secondary Education;
“ GNVQ ” means General National Vocational Qualification;
“GNVQ precursor” means any of —
the National Certificate or National Diploma of the EDEXCEL Foundation;
the Diploma of Vocational Education of the City and Guilds of London Institute at national level;
the First Certificate or First Diploma of the EDEXCEL Foundation; or
the Diploma of Vocational Education of the City and Guilds of London Institute at intermediate level;
being qualifications approved by the Secretary of State under section 400 of the 1996 Act;
“ NVQ ” means National Vocational Qualification;
“permanently excluded” means a pupil who has been permanently excluded from a school on disciplinary grounds;
“permanent exclusion date” means the date on which the name of a permanently excluded pupil is deleted from the Register;
“post advanced level course” means a course of study being undertaken by a pupil who has completed a course leading to any of (i) a GCE ‘A’ level examination, (ii) a GCE ‘AS’ examination, (iii) a GNVQ at level 3, (iv) a GNVQ precursor at level 3 or (v) a NVQ at level 3 and is no longer studying any of those courses;
“Register” means the register of pupils kept under section 434 of the 1996 Act and in accordance with the Education (Pupil Registration) Regulations 1995 ; and
“unique pupil number” means a combination of numbers which together with a letter or letters are allocated to a pupil and are particular to him, by use of a formula determined by the Department for Education and Employment.
Provision of information about individual pupils
3
1
The governing body of every school referred to in Part I of Schedule 1 to these Regulations shall, before 23rd April 1999 or as soon as reasonably practicable thereafter, provide to the authority the information referred to in Parts I and II of Schedule 2 to these Regulations.
2
The governing body of every school referred to in Part II of Schedule 1 to these Regulations shall, before 23rd April 1999 or as soon as reasonably practicable thereafter, provide to the Secretary of State the information referred to in Parts I and II of Schedule 2 to these Regulations.
Transitional provisions
4
Where before the date of the coming into force of these Regulations —
a
the governing body of any school referred to in Part I of Schedule 1 to these Regulations have already provided the information referred to in Schedule 2 to these Regulations to the authority, or
b
the governing body of any school referred to in Part II of Schedule 1 to these Regulations have already provided the information referred to in Schedule 2 to these Regulations to the Secretary of State,
the duty under regulation 3 of these Regulations shall not apply in respect of that governing body.
Charles Clarke
Parliamentary Under Secretary of State,
Department for Education and Employment
25th March 1999


text:
Citation and interpretation
1
1
This Order may be cited as the School Standards and Framework Act 1998 (Commencement No. 5 and Saving and Transitional Provisions) Order 1999.
2
In this Order–
“the 1996 Act ” means the Education Act 1996 ;
“the 1998 Act ” means the School Standards and Framework Act 1998.
Commencement of provisions
2
1
The provisions of the 1998 Act specified in Schedule 1 to this Order shall come into force on 1st February 1999.
2
The provisions of the 1998 Act specified in Schedule 2 to this Order shall come into force on 10th March 1999.
Transitional provisions relating to section 129 of the 1998 Act
3
1
In this article–
“the 1977 Regulations ” means the Scholarships and Other Benefits Regulations 1977 (as they had effect immediately before 1st February 1999);
“the new section 18” means section 18 of the 1996 Act as substituted by section 128 of the 1998 Act ;
“the new section 518” means section 518 of the 1996 Act as substituted by section 129 of the 1998 Act;
“the old section 518” means section 518 of the 1996 Act as originally enacted.
2
Notwithstanding the coming into force of section 129 of the 1998 Act (payment of school expenses: grant of scholarships, etc. ) which provides for the substitution of section 518 of the 1996 Act, the old section 518 shall continue to have effect to the extent necessary for the purposes of sub-paragraphs (3) and (4) below.
3
Regulation 4(d) of the 1977 Regulations shall continue to have effect until the date referred to in sub-paragraph (4) below; and the other provisions of those Regulations shall continue to have effect until revoked (with or without savings or transitional provisions) by regulations made under the new section 518.
4
Regulation 4(d) of the 1977 Regulations shall cease to have effect on the coming into force of section 128 of the 1998 Act, subject to such savings or transitional provisions as may be provided for in–
a
the order appointing the day for the coming into force of section 128, or
b
regulations made under the new section 18.
Transitional provisions relating to section 137 of the 1998 Act
4
The amendment of section 198 of, and Schedule 10 to, the Education Reform Act 1988 made by section 137 of, and Schedule 29 to, the 1998 Act (amendments relating to functions of Education Transfer Council) shall not have effect in relation to–
a
any transfer under section 126 or section 130 of the Education Reform Act 1988 in respect of which the Education Transfer Council have given a direction before 1st February 1999 under paragraph 62(1) of Schedule 8 to the Further and Higher Education Act 1992 ; or
b
any transfer under section 201 of the 1996 Act.
Savings provisions relating to schools grouped under one governing body
5
1
The repeal of section 90 of the 1996 Act is without prejudice to the continued effect of any modification made under subsection (5) of that section.
2
The repeal of subsection (1) of section 92 of the 1996 Act is without prejudice to the continued application of subsection (3) of that section.
3
The repeals of sections 90 and 95 of the 1996 Act are without prejudice to the termination of any grouping under section 89 of the 1996 Act, in accordance with section 95 of that Act, by reason of the discontinuance before 31st August 1999 of one or more schools in the group.
Tessa Blackstone
Minister of State,
Department for Education and Employment
20th January 1999


text:
1
This Instrument may be cited as “the Surrey County Council (New Temporary Road Bridge, Walton) Scheme 1998 Confirmation Instrument 1999” and shall come into force on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
2
The Surrey County Council (New Temporary Road Bridge, Walton) Scheme 1998 (“the Scheme”) is hereby confirmed with modifications.
3
The Scheme as confirmed is set out in the Schedule hereto (including the plan) and copies of the Scheme with its' accompanying plan as modified are deposited at the offices of the Department of the Environment, Transport and the Regions, Great Minster House, 76 Marsham Street, London SWIP 4DR, and at the offices of the Council of the Surrey County Council, Business Information Support Centre, Room 122, County Hall, Penrhyn Road, Kingston upon Thames, Surrey KT1 2DN.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Dr R C Dobbie
Regional Director Government Office for the North East
14th July 1999


text:
Citation and commencement
1
These Regulations may be cited as the Tax Credits (Payment by Employers) Regulations 1999 and shall come into force on 6th April 2000 immediately after the coming into force of section 6 of the Tax Credits Act 1999.
Interpretation
2
In these Regulations unless the context otherwise requires–
“award period” means–
where the award is of working families' tax credit, the period for which amounts are payable to a person by virtue of section 128(3) of the Social Security Contributions and Benefits Act 1992 or section 127(3) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 , or
where the award is of disabled person’s tax credit, the period for which amounts are payable to a person by virtue of section 129(6) of the Social Security Contributions and Benefits Act 1992 or section 128(6) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;
“the Board” means the Commissioners of Inland Revenue;
“certificate of payments” shall be construed in accordance with regulation 4(3);
“ Contributions Regulations ” means the Social Security (Contributions) Regulations 1979 or, in Northern Ireland, the Social Security (Contributions) Regulations (Northern Ireland) 1979 ;
“deductions working sheet” shall be construed in accordance with regulation 2 of the Employments Regulations ;
“emoluments” means any income assessable to income tax under Schedule E;
“employer” and “employee” shall be construed in accordance with section 6(1) of the Tax Credits Act 1999;
“Employments Regulations” means the Income Tax (Employments) Regulations 1993 ;
“income tax month” means the period beginning on the 6th day of any calendar month and ending on the 5th day of the following calendar month;
“income tax period” has the same meaning as in regulation 2 of the Employments Regulations;
“income tax quarter” means the period beginning on the 6th day of April and ending on the 5th day of July, or beginning on the 6th day of July and ending on the 5th day of October, or beginning on the 6th day of October and ending on the 5th day of January, or beginning on the 6th day of January and ending on the 5th day of April;
“ Management Act ” means the Taxes Management Act 1970 ;
“notice” means notice in writing;
“partner” has the same meaning as in regulation 2 of the Family Credit (General) Regulations 1987 or, in Northern Ireland, the Family Credit (General) Regulations (Northern Ireland) 1987 , and in regulation 2 of the Disability Working Allowance (General) Regulations 1991 or, in Northern Ireland, the Disability Working Allowance (General) Regulations (Northern Ireland) 1992 ;
“pay period” means the period by reference to which an employee’s emoluments are paid, whether weekly, monthly or otherwise;
“relevant employer” and “relevant subsequent employer” have the meanings given by regulation 3;
“start notification” shall be construed in accordance with regulation 4(2);
“stop notice” shall be construed in accordance with regulation 9(2);
“tax credit” means working families' tax credit or disabled person’s tax credit;
“tax year” means a year beginning with 6th April in any year and ending with 5th April in the following year.
Definition of “relevant employer” and “relevant subsequent employer”
3
1
Subject to paragraph (2) “relevant employer” means an employer who, at the time an award of tax credit is made, or renewed for a further award period, is required, on making any payment of or on account of any income assessable to income tax under Schedule E to any person, to deduct tax in accordance with the Employments Regulations or to deduct contributions in accordance with the Contributions Regulations and, in the case of an employee with more than one such employer, means in addition–
a
where the award is of working families' tax credit, the employer by whom, at the date of application, the larger (or largest) amount of net earnings as construed in accordance with the Family Credit (General) Regulations 1987 or, in Northern Ireland, the Family Credit (General) Regulations (Northern Ireland) 1987 is payable, or
b
where the award is of disabled person’s tax credit, the employer by whom, at the date of application, the larger (or largest) amount of net earnings as construed in accordance with the Disability Working Allowance (General) Regulations 1991 or, in Northern Ireland, the Disability Working Allowance (General) Regulations (Northern Ireland) 1992 is payable.
2
“Relevant employer” does not include an employer who is authorised to make deductions in accordance with regulation 20 of the Employments Regulations.
3
Subject to paragraph (4) “relevant subsequent employer” means an employer who, at the time that the employee notifies the Board in accordance with regulation 10(4) that he has commenced work for that employer (being a time falling after the date on which the employee ceased to be employed by the relevant employer but falling within the same award period), is required, on making any payment of or on account of any income assessable to income tax under Schedule E to any person, to deduct tax in accordance with the Employments Regulations or to deduct contributions in accordance with the Contributions Regulations.
4
“Relevant subsequent employer” does not include an employer who is authorised to make deductions in accordance with regulation 20 of the Employments Regulations.
Notification to relevant employer or relevant subsequent employer of employee’s entitlement to payment of tax credit
4
1
Where–
a
an employee of a relevant employer becomes entitled to tax credit, or has an award of tax credit renewed for a further award period, or
b
a person who–
i
is entitled to tax credit, and
ii
was an employee of a relevant employer at the date on which he become entitled to that tax credit, commences employment with a relevant subsequent employer,
the Board shall notify the relevant employer or, as the case may be, the relevant subsequent employer of that employee’s entitlement to payment of tax credit in accordance with paragraphs (2) to (4).
2
A notification of entitlement furnished to the relevant employer or the relevant subsequent employer under paragraph (1) (“start notification”) shall be in a form provided by the Board and shall contain the following particulars–
a
the date of issue of the start notification;
b
the name of the employee concerned;
c
the employee’s national insurance number and (if known) his payroll number;
d
the commencement date and the termination date of the period during which the employer is to be responsible for payment of tax credit to the employee;
e
the daily rate of tax credit applicable to each calendar day falling within that period and a table showing the multiples from 1 to 31 of that daily rate;
f
the total amount of tax credit to be paid to the employee by the employer.
3
A start notification shall be accompanied by a certificate of payments in a form provided by the Board to be completed by the relevant employer or the relevant subsequent employer in accordance with regulation 9 (termination of relevant employer’s or relevant subsequent employer’s obligation to pay tax credit prior to the termination date contained in the start notification), and such certificate shall contain the following particulars–
a
the name of the employee concerned;
b
the employee’s national insurance number and (if known) his payroll number;
c
the date of issue of the certificate of payments.
4
The commencement date contained in the start notification–
a
where the employee’s pay period is one week or of shorter duration, shall not be earlier than 14 days from the date of issue of the start notification, and
b
in all other cases, shall not be earlier than 42 days from the date of issue of the start notification.
Notification to employee of relevant employer or relevant subsequent employer of employee’s entitlement to tax credit
5
1
Where an employee of a relevant employer becomes entitled to tax credit, or has an award of tax credit renewed for a further award period, the Board shall notify the employee of his entitlement to payment of tax credit in accordance with paragraph (2).
2
A notification under paragraph (1) shall be in a form provided by the Board and shall contain the following particulars–
a
the weekly amount of tax credit to which the employee is entitled;
b
the dates (if any) between which the Board will be responsible for payment of tax credit to the employee;
c
the dates (if any) between which a named employer of the employee will be responsible for payment of tax credit to the employee;
d
the daily rate of tax credit applicable to each calendar day during the period of the award of tax credit to the employee and a table showing the multiples from 1 to 31 of that daily rate;
e
the total amount of tax credit to be paid to the employee by a named employer.
3
Where a person who–
a
is entitled to tax credit, and
b
was an employee of a relevant employer at the date on which he became entitled to that tax credit,
commences employment with a relevant subsequent employer, the Board shall notify the employee of his entitlement to payment of tax credit in accordance with paragraph (4).
4
A notification under paragraph (3) shall be in a form provided by the Board and shall contain the following particulars–
a
the dates (if any) between which the Board will be responsible for payment of tax credit to the employee;
b
the dates (if any) between which a named employer of the employee will be responsible for payment of tax credit to the employee;
c
the total amount of tax credit to be paid to the employee by a named employer.
Relevant employer’s or relevant subsequent employer’s obligation to pay tax credits
6
1
On receipt of a start notification in respect of an employee the relevant employer or the relevant subsequent employer shall, if he reasonably expects that employee to remain in his employment and receive payment for three or more consecutive pay periods commencing with the pay period in which the commencement date contained in that start notification falls, calculate the tax credit to which that employee is entitled to be paid in each pay period during which the employer will be responsible for paying tax credit to that employee in accordance with the start notification.
2
Subject to paragraph (3), where the employer–
a
has received a start notification in respect of an employee, and
b
makes a payment of emoluments to that employee on or after the commencement date contained in that start notification,
he shall pay to that employee the tax credit to which the employee is entitled during the pay period to which the payment of emoluments relates.
3
Where the employer–
a
has received a start notification in respect of an employee but does not reasonably expect that employee to remain in his employment and receive payment for three or more consecutive pay periods as mentioned in paragraph (1); or
b
becomes aware before the first date on which a payment of emoluments is due following the commencement date contained in that start notification that an employee in respect of whom a start notification has been received has left, or will leave, his employment before the end of the third consecutive pay period,
he shall return the start notification and the uncompleted form of certificate of payments to the Board, indicating on the start notification his reasons for doing so.
4
The employer shall record on the employee’s payslip for the relevant pay period, as a credit described as a “tax credit”, any payment made under paragraph (2).
5
Any amount paid under paragraph (2) shall be recorded on the deductions working sheet for the employee which the employer is required to prepare under regulation 38 of the Employments Regulations.
6
The employer shall record on the certificate referred to in regulation 39 of the Employments Regulations the total tax credit paid to each employee for the tax year to which the certificate relates.
7
The employer shall record on the certificate referred to in regulation 43 of the Employments Regulations the total tax credit paid for the tax year to which the certificate relates.
8
Where the employer makes a payment to an employee of an amount of tax credit which exceeds the amount of tax credit which that employee is entitled to be paid in accordance with the start notification, the employer may recover from that employee an amount not exceeding the excess.
9
No payment of tax credit under paragraph (2) shall be capable of attachment under any enactment, or shall be used by way of set-off or otherwise reduced, extinguished or terminated except in accordance with these Regulations.
Funding of payment by relevant employer or relevant subsequent employer of tax credit
7
1
Subject to paragraphs (2), (3) and (4), the relevant employer or the relevant subsequent employer shall fund payments of tax credit under regulation 6(2) for a pay period from the total amounts of tax which the employer is required to pay to the collector of taxes in respect of the deductions from the emoluments of his employees in accordance with the Employments Regulations for the same pay period, and the amount which the employer is required to pay to the collector of taxes in respect of that pay period in accordance with those Regulations shall be reduced by the amount of tax credit which the employer has paid in respect of that same pay period.
2
If the total amount of tax credit which the employer is required to pay to an employee or employees for a pay period exceeds the total amount of tax which the employer is required to pay to the collector of taxes in respect of the deductions from the emoluments of his employees in accordance with the Employments Regulations for the same pay period, the employer shall fund the payment of the tax credit (or so much of it as remains outstanding) from any deductions made by the employer from the emoluments of his employees for the same pay period in accordance with regulations under section 22(5) of the Teaching and Higher Education Act 1998 or section 73B of the Education (Scotland) Act 1980 (student loan repayments), or in accordance with Article 3(5) of the Education (Student Support) (Northern Ireland) Order 1998 , and the aggregate amount which the employer is required to pay to the collector of taxes in respect of that pay period in accordance with those enactments shall be reduced by the amount which the employer has deducted from them and paid in tax credit in respect of the same pay period.
3
If the total amount of tax credit which the employer is required to pay to an employee or employees for a pay period exceeds the aggregate of–
a
the total amount of tax which the employer is required to pay to the collector of taxes in respect of the deductions from the emoluments of his employees in accordance with the Employments Regulations for the same pay period, and
b
the total amount of the deductions made by the employer from the emoluments of his employees for the same pay period in accordance with regulations under section 22(5) of the Teaching and Higher Education Act 1998 or section 73B of the Education (Scotland) Act 1980 or in accordance with Article 3(5) of the Education (Student Support) (Northern Ireland) Order 1998,
the employer shall fund the payment of the tax credit (or so much of it as remains outstanding) from the total amounts of earnings-related contributions which the employer is required to pay to the collector of taxes in respect of the emoluments of his employees (whether by means of deduction or otherwise) for the same pay period in accordance with the Contributions Regulations, and the aggregate amount which the employer is required to pay to the collector of taxes in respect of that pay period in accordance with those enactments shall be reduced by the amount which the employer has deducted from them and paid in tax credit in respect of the same pay period.
4
If the total amount of tax credit which the employer is required to pay to an employee or employees for a pay period exceeds the aggregate of–
a
the total amount of tax which the employer is required to pay to the collector of taxes in respect of the deductions from the emoluments of his employees in accordance with the Employments Regulations for the same pay period,
b
the total amount of the deductions made by the employer from the emoluments of his employees for the same pay period in accordance with regulations under section 22(5) of the Teaching and Higher Education Act 1998 or section 73B of the Education (Scotland) Act 1980 or in accordance with Article 3(5) of the Education (Student Support) (Northern Ireland) Order 1998, and
c
the total amounts of earnings-related contributions which the employer is required to pay to the collector of taxes in respect of the emoluments of his employees (whether by means of deduction or otherwise) in accordance with the Contributions Regulations for the same pay period,
the employer may apply to the Board in accordance with regulation 8 for funds to pay the tax credit (or so much of it as remains outstanding) to the employee or employees.
Application for funding from the Board
8
1
Where–
a
the condition in regulation 7(4) is satisfied, or
b
the relevant employer or the relevant subsequent employer considers that the condition in regulation 7(4) will be satisfied on the date of any subsequent payment of emoluments to one or more employees who are entitled to payment of tax credit,
the employer may apply to the Board for funding on a form provided, or approved, for that purpose by the Board.
2
An application by an employer under paragraph (1) shall be for any amount up to, but not exceeding, the total sum required by the employer to pay tax credit under regulation 6(2) to his employee or employees entitled to payment of tax credit for–
a
the period of 6 months immediately following the date of the employer’s application, or
b
a period of 6 months commencing not earlier than 6 months before the date of the employer’s application but not later than that date.
3
If an application by an employer under paragraph (1) is accepted the Board shall pay to the employer the amount applied for or such other amount as the Board may determine in the circumstances to be reasonable having regard to all relevant matters including–
a
the past obligations and the likely future obligations of the employer under the enactments specified in regulation 7, and
b
the obligations of the employer under any start notification issued to him in the period of 6 months ending with the date of the application under paragraph (1).
4
An officer of the Board may vary a determination under paragraph (3) if he has reason to believe that it was incorrect at the time that it was made.
5
An officer of the Board may make a determination superseding an earlier determination, whether as originally made or as varied in accordance with paragraph (4), which has become inappropriate for any reason.
6
The Board shall notify the employer of any decision or variation of a termination they make in respect of–
a
an application under paragraph (1), or
b
the amount determined by the Board under paragraph (3).
7
An employer may appeal to the General Commissioners against–
a
the Board’s refusal of an application under paragraph (1),
b
an amount determined by the Board under paragraph (3), or
c
an amount determined by the Board under paragraph (3) as varied under paragraph (4),
by giving notice to the Board within thirty days of the receipt by him of notice of the Board’s decision.
8
An appeal under paragraph (7) shall be heard by the General Commissioners for the division in which the place of employment is situated.
9
The provisions of Part V of the Management Act and of the General Commissioners (Jurisdiction and Procedure) Regulations 1994 shall apply with any necessary modifications to the appeal as they apply to appeals against assessments.
10
On appeal, the General Commissioners, having regard to the matters set out in paragraph (3) may–
a
confirm the Board’s refusal of an application under paragraph (1), or allow the appeal against that refusal;
b
confirm, increase or reduce the amount determined under paragraph (3) or that amount as varied under paragraph (4).
11
Subject to paragraph (9), the determination of the General Commissioners shall be final.
12
Where–
a
an employer appeals to the General Commissioners under paragraph (7); and
b
the General Commissioners determine the appropriate amount of funding in a sum which exceeds the amount determined by the Board under paragraph (3),
the Board shall pay to that employer a sum equal to the excess.
13
An amount which is paid to an employer by the Board under paragraph (12) shall carry interest at the rate applicable under section 178 of the Finance Act 1989 for the purposes of section 824 or, as the case may be, section 826 of the Income and Corporation Taxes Act 1988 from the date on which the condition in regulation 7(4) is satisfied until payment.
14
Funds provided to an employer by the Board in accordance with this regulation shall be for the purpose only of payment by that employer of tax credit under regulation 6(2) to one or more employees.
Termination of relevant employer’s or relevant subsequent employer’s obligation to pay tax credit prior to the termination date contained in the start notification
9
1
In any of the circumstances specified in paragraph (2) and subject to paragraphs (9) and (10), the relevant employer or relevant subsequent employer shall cease to make payments of tax credit to an employee in accordance with regulation 6(2) prior to the termination date contained in the start notification.
2
The circumstances specified in this paragraph are–
a
where the employer has received notification from the Board to cease payment of tax credit (“stop notice”) in respect of that employee;
b
the death of the employee;
c
the employee ceasing to be employed by the employer otherwise than by reason of the employee’s death.
3
In the circumstances specified in paragraph (2)(a) and subject to paragraph (9), the employer shall not pay tax credit to the employee at any time following the latest payable date specified in the stop notice.
4
In the circumstances specified in paragraph (2)(b) the employer shall not pay tax credit to the employee at any time following the date on which the employer became aware of the death.
5
In the circumstances specified in paragraph (2)(c) and subject to paragraph (10), the employer shall not pay tax credit to the employee either–
a
at any time following the last day on which that employee was in his employment, or
b
at any time following the last day of the pay period in which the employee ceased to be employed,
whichever the employer chooses.
6
Subject to paragraphs (9) and (10), where two or more of the circumstances specified in paragraph (2) occur in respect of the same employee the relevant employer or relevant subsequent employer shall not pay tax credit to that employee at any time following the earliest of the dates specified in paragraphs (3), (4) and (5)(b).
7
A stop notice shall be in a form provided by the Board and shall contain the following particulars–
a
the date of issue of the stop notice;
b
the name of the employee concerned;
c
the employee’s national insurance number and (if known) his payroll number;
d
the latest date for which tax credit is payable to that employee (“ the latest payable date”).
8
Except where an earlier date has been agreed between the Board and the employer, the latest payable date–
a
where the employee’s pay period is one week or of shorter duration, shall not be earlier than 14 days from the date of issue of the stop notice, and
b
in all other cases, shall not be earlier than 42 days from the date of issue of the stop notice.
9
In the circumstances specified in paragraph (2)(a) the employer may, after the latest payable date, make a payment to the employee of tax credit that is outstanding at that date in respect of any period which falls within the award period in which the circumstances specified in paragraph 2(a) arise.
10
In the circumstances specified in paragraph (2)(c) the employer may, after the date chosen by the employer in accordance with paragraph (5), make a payment to the employee of tax credit that is outstanding at that date in respect of any period which falls within the award period in which the circumstances specified in paragraph (2)(c) arise.
11
A stop notice shall be effective in respect of an employee unless and until a new start notification is received from the Board in respect of that employee.
12
Where no payment of emoluments is due from the relevant employer or relevant subsequent employer to an employee for a complete pay period the employer shall either–
a
cease to make payments of tax credit to that employee in accordance with regulation 6(2) prior to the termination date contained in the start notification, or
b
continue to pay tax credit in accordance with regulation 6(2) as if payment of emoluments had been made in that pay period,
whichever the employer chooses.
Obligations of relevant employer or relevant subsequent employer and employee on termination of employer’s obligation to pay tax credit prior to the termination date contained in the start notification
10
1
On the death of an employee the employer shall, not later than 7 days following the date on which the employer became aware of the death–
a
enter the following details on either the certificate of payments referred to in regulation 4(3) or on a certificate which has been approved for this purpose by the Board–
i
the total tax credit paid to the employee in accordance with the start notification in force at the time; and
ii
the date of the final payment of tax credit and the pay period to which that final payment of tax credit related; and
b
sign, date and send the completed certificate to the Board after retaining a copy.
2
In the circumstances referred to in regulation 9(2)(c) the employer shall, not later than 7 days following the date on which payments of tax credit ceased in accordance with regulation 9(5)–
a
enter the details set out in paragraph (1)(a) on either the certificate of payments referred to in regulation 4(3) or on a certificate which has been approved for this purpose by the Board, and
b
sign, date and send the completed certificate to the employee after retaining a copy.
3
Where the employer ceases payment in accordance with regulation 9(12) the employer shall, not later than 7 days following the last day of the pay period following the pay period in which the last payment of tax credit was made–
a
enter the details set out in paragraph (1)(a) on either the certificate of payments referred to in regulation 4(3) or on a certificate which has been approved for this purpose by the Board, and
b
sign, date and send the completed certificate to the employee after retaining a copy.
4
Where the employee ceases to be employed by the employer as mentioned in regulation 9(2)(c) and commences work for another employer during the same award period, the employee shall notify the Board that he has commenced work for that other employer.
5
A notification by the employee under paragraph (4) shall contain the following particulars–
a
the new employer’s name and address;
b
(if known) the new employer’s PAYE reference number;
c
(if known) the employee’s new payroll number;
d
the date on which the new employment has commenced or will commence;
e
(if known) the new employer’s pay period.
Board’s obligations following termination of employer’s obligation to pay tax credit prior to the termination date contained in the start notification
11
1
Subject to paragraph (2), where a relevant employer or relevant subsequent employer has ceased to make payment of tax credit in accordance with regulation 9 the Board shall pay to the employee the tax credit to which he is entitled until the termination of the award period or the commencement date referred to in a new start notification, whichever first occurs.
2
Where–
a
a relevant employer or relevant subsequent employer has ceased to make payment of tax credit by reason of the death of the employee, and
b
that employee is survived by a partner,
the Board shall make payment to that partner of the amount of tax credit to which that employee would have been entitled but for his death.
Formal determination of tax credit funding
12
1
This regulation applies where funds have been provided to the employer under regulation 8 in respect of one or more employees and it appears to the inspector or other officer of the Board that the employer may have retained some or all of those funds.
2
Where this regulation applies the inspector or other officer of the Board shall determine the amount of funds provided under regulation 8 and retained by the employer to the best of his judgment and shall serve notice of his determination on the employer.
3
A determination under this regulation may cover the funds provided under regulation 8–
a
for any one or more pay periods in a tax year, and
b
in respect of a class or classes of employees specified in the notice of determination (without naming the individual employees) or of one or more named employees so specified.
4
An appeal against a determination under this regulation that is to be brought before the General Commissioners shall be brought before the General Commissioners for the division in which the place given by the provisions of this regulation (“the relevant place”) is situated.
5
Parts IV, V, except section 55, and VI of the Management Act shall apply with any necessary modifications to a determination under this regulation as if it were an assessment and as if the amount of funds determined were income tax charged on the employer.
6
The relevant place is whichever of the places specified in paragraph (7) is identified by an election made by the employer.
7
Those places are–
a
the place (if any) in the United Kingdom which, at the time when the election is made, is the employer’s place of business;
b
the place (if any) which at that time is the employer’s place of residence in the United Kingdom.
8
Where the employer fails to make an election for the purposes of paragraph (4) before the time limit given in paragraph (9)(b) an officer of the Board may elect which of the places specified in paragraph (7) is to be the relevant place.
9
An election by an employer for the purposes of this regulation–
a
shall be made by notice to an officer of the Board;
b
shall be made at the time when notice of appeal is given or before such later date as the Board allow; and
c
shall be irrevocable.
10
Where there is no place falling within paragraph (7) an officer of the Board may give directions for determining the relevant place.
11
A direction given under paragraph (10) shall not have effect in relation to an appeal unless the officer of the Board has served on the employer a notice stating the effect of the direction in relation to the appeal.
12
In paragraph (7)(a) “place of business” means–
a
the place where the trade, profession, vocation or business of the employer is carried on, or
b
if the trade, profession, vocation or business is carried on at more than one place, the head office or place where it is mainly carried on.
Recovery of tax credit funding
13
1
Subject to paragraph (3), the provisions of any enactments relating to the recovery of income tax charged under Schedule E shall apply to the recovery of the amount of funds provided under regulation 8 specified in paragraph (2) as if the amount of funds provided under regulation 8 were tax charged under Schedule E by way of an assessment on the employer.
2
The amount of funds provided under regulation 8 specified in this paragraph is any amount of funds which an employer is deemed liable under regulation 12 to pay to the collector for any income tax period.
3
Summary proceedings for the recovery of funds determined under regulation 12 may be brought in England, Wales or Northern Ireland at any time before the expiry of twelve months after the date on which the amount of funds provided under regulation 8 was determined.
4
Proceedings may be brought for the recovery of funds determined under regulation 12 without distinguishing the amounts which the employer is liable to repay in respect of each employee and without specifying the employees in question, and the amount of funds provided under regulation 8 shall be one cause of action or one matter of complaint for the purpose of proceedings under section 65, 66 or 67 of the Management Act .
5
Nothing in paragraph (4) shall prevent the bringing of separate proceedings for the recovery of each amount of the several amounts of funds determined under regulation 12 which the employer is liable to pay for any income tax period in respect of his several employees.
6
A certificate of the collector that the amount of funds determined under regulation 12 has not been paid to him, or to the best of his knowledge and belief, to any other collector or to any person acting on his behalf or on behalf of another collector, shall be sufficient evidence that the sum mentioned in the certificate is unpaid and due to the Crown.
7
Any document purporting to be a certificate under paragraph (6) shall be deemed to be such a certificate until the contrary is proved.
Inspection of employer’s records
14
1
Every relevant employer or relevant subsequent employer, whenever called upon to do so by any authorised officer of the Board, shall produce the records specified in paragraph (2) to that officer for inspection, at such time as that officer may reasonably require, at the prescribed place.
2
The records specified in this paragraph are–
a
all wages sheets, deductions working sheets and other documents and records whatsoever relating to the calculation or payment of the tax credits of his employees in respect of the tax years or income tax months specified by the authorised officer; or
b
such of those wages sheets, deductions working sheets or other documents and records as may be specified by the authorised officer.
3
“The prescribed place” mentioned in paragraph (1) means–
a
such place in the United Kingdom as the employer and the authorised officer may agree upon; or
b
in default of such agreement, the place in the United Kingdom at which the documents and records referred to in paragraph (2)(a) are normally kept; or
c
in default of such agreement and if there is no such place as is referred to in sub-paragraph (b), the employer’s principal place of business in the United Kingdom.
4
The authorised officer may–
a
take copies of, or make extracts from, any document produced to him for inspection in accordance with paragraphs (1) and (2); and
b
remove any document so produced if it appears to him to be necessary to do so, at a reasonable time and for a reasonable period.
5
Where any document is removed in accordance with paragraph (4)(b), the authorised officer shall provide a receipt for that document.
6
Where any document is removed in accordance with paragraph (4)(b) which is reasonably required for the proper conduct of a business, the authorised offer shall, not later than seven days following the date on which the document was so removed, provide a copy of the document, free of charge, to the person by whom it was produced or caused to be produced.
7
Where a lien is claimed on a document produced in accordance with paragraphs (1) and (2), the removal of the document in accordance with paragraph (4)(b) shall not be regarded as breaking the lien.
8
Where records are maintained by computer, the person required to make them available for inspection shall provide the authorised officer with all facilities necessary for obtaining information from them.
9
For the purposes of paragraphs (1) and (2), the wage sheets, deductions working sheets and other documents and records mentioned in those paragraphs shall be retained by the employer for not less than three years after the end of the tax year to which they relate.
Nick Montagu
Tim Flesher
Two of the Commissioners of Inland Revenue
2nd December 1999


text:
Citation and commencement
1
This Order may be cited as the Courses for Drink-Drive Offenders (Experimental Period) (Termination of Restrictions) Order 1999 and shall come into force on 31st December 1999.
Termination of experimental period restrictions
2
The restriction imposed by section 31(1) of the Road Traffic Act 1991 (which specifies the time after which no orders may be made by a court under section 34A of the Road Traffic Offenders Act 1988 ) shall not take effect and for the purposes of subsection (3) of that section the experimental period ends on 31st December 1999.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Larry Whitty
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
16th November 1999


text:
Citation and commencement
1
These Regulations may be cited as the Street Works Register (Registration Fees) Regulations 1999 and shall come into force on 1st June 1999.
2
In these Regulations:–
“ the Act ” means the New Roads and Street Works Act 1991;
“the 1992 Regulations ” means the Street Works (Registers, Notices, Directions and Designations) Regulations 1992 ;
“ the Code ” means the Code of Practice entitled “Code of Practice for the Co-ordination of Street Works and Works for Road Purposes and Related Matters” dated November 1992 as approved by the Secretary of State on 8th March 1993 and this includes references to that document as revised or re-issued from time to time;
“prescribed information” means the information required to be given by an undertaker to a highway authority pursuant to regulation 3 of the 1992 Regulations for registration on a street works register; and
“street works register” means a register required to be kept in pursuance of section 53 of the Act.
3
Upon the registration of prescribed information by an undertaker, in accordance with regulation 3 of the 1992 Regulations, that undertaker shall pay to the appropriate highway authority the fee prescribed in regulation 4(1) below subject to regulation 4(2).
4
1
The fee payable under regulation 3 above shall be £21.20 for the first item of prescribed information registered in each calendar month, commencing on 1st June 1999, and £1.20 for every subsequent item registered in that month in respect of the same undertaker.
2
No fee shall be payable where registration of an item of prescribed information is effected in consequence of its transmission by direct communication between computers in accordance with the method set out in the Code.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Glenda Jackson
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
25th March 1999
Signed by authority of the Secretary of State for Wales
Peter Hain
Parliamentary Under Secretary of State, Welsh Office
28th March 1999


text:
1
This Order may be cited as the Criminal Justice Act 1988 (Commencement No. 13) Order 1999.
2
The following provisions of the Criminal Justice Act 1988 shall come into force on 1st January 2000 —
a
the entries relating to sections 39 and 40 of the Powers of Criminal Courts Act 1973 in Schedule 16 (repeals); and
b
section 170(2), to the extent necessary to bring the entries mentioned in paragraph (a) above into force.
Jack Straw
One of Her Majesty’s Principal Secretaries of State
Home Office
15th December 1999


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Cotswold Hills) Designation (Amendment) Order 1999 and shall come into force on 31st August 1999.
Interpretation
2
In this Order “the principal Order ” means the Environmentally Sensitive Areas (Cotswold Hills) Designation Order 1994 , as amended at the date that this Order comes into force.
Amendment of the principal Order
3
The principal Order shall be amended in accordance with the following provisions of this Order.
4
In article 2(1) of the principal Order, the provisions immediately following the words “In this Order–” to the end of article 2(1), in so far as they were made under section 18 of the Agriculture Act 1986, shall be deleted and the following definitions shall be inserted at their appropriate alphabetical place:
“agreement” means an agreement under section 18(3) of the Agriculture Act 1986 as respects agricultural land in the area designated by article 3;
“capital activity” means an activity specified in Schedule 1;
“conservation headland” means a strip of land subject to restrictions on the use of fertilisers and herbicides, that is between ten and twelve metres wide along the edge of a field growing arable crops;
“conservation plan” means a plan incorporated into an agreement for the carrying out of one or more capital activities within a specified period;
“cultivated land” means land which is regularly ploughed or otherwise cultivated or that is regularly treated with fertilisers;
“extensive permanent grassland” means permanent grassland which is receiving no or only minimal inputs of fertiliser or pesticides;
“farmer” means a person who has an interest in agricultural land in the area designated by article 3, and who has also entered into an agreement with the Minister;
“improved permanent grassland” means permanent grassland that is regularly treated with fertilisers, and used for pasture or for the production of hay or silage;
“management activity” means an activity specified in Schedule 2;
“permanent grassland” means grassland which has not been ploughed or re-seeded for at least five years;
“public access route” means a strip of land which is the subject of an agreement and on which access is given to the public;
“scrape” means a shallow excavation which may hold water seasonally.
.
5
In article 3 of the principal Order, for the words “dated 3rd March 1994, signed and sealed by the Minister” there shall be substituted “dated 31st July 1999, signed on behalf of the Minister by the Parliamentary Secretary”.
6
For article 4 of the principal Order and the heading thereto there shall be substituted the following article and heading–
Matters in respect of which payments may be made
4
Payments to be made by the Minister under an agreement may be made in respect of a capital activity or a management activity.
.
7
For article 5 of the principal Order there shall be substituted the following article and heading thereto–
Rates of payment
5
1
Payments to be made by the Minister under an agreement shall not exceed–
a
in the case of a management activity, the rate specified in respect of that activity in column 2 of Schedule 2; and
b
in the case of one or more capital activities included in a conservation plan, £100,000 in aggregate.
2
Any works which form part of an activity which constitutes both a management activity and a capital activity may by virtue of an agreement be eligible for payment either as part of a management activity or as part of a capital activity, but the agreement together with any conservation plan incorporated in it shall not provide for payment to be made on both such bases in respect of the same works.
.
8
For Schedule 1 to the principal Order there shall be substituted the Schedule set out in Schedule 1 to this Order.
9
For Schedule 2 to the principal Order there shall be substituted the Schedule set out in Schedule 2 to this Order.
10
The following provisions of the principal Order shall be deleted–
a
articles 6 and 7; and
b
Schedules 3, 4 and 5.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
31st July 1999
We consent,
Jim Dowd
Bob Ainsworth
Two of the Lords Commissioners of Her Majesty’s Treasury
9th August 1999


text:
Citation and interpretation
1
1
This Order may be cited as the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (Commencement No. 1 and Transitional Provisions) Order 1999.
2
In this Order, unless the context otherwise requires —
“ the Act ” means the Social Security Contributions (Transfer of Functions, etc.) Act 1999;
“the Administration Act ” means the Social Security Administration Act 1992 ;
“the Contributions and Benefits Act ” means the Social Security Contributions and Benefits Act 1992 ; and
“transfer provision” has the meaning given by section 21(1) of the Act,
and references to sections and Schedules are references to sections of, and Schedule to, the Act.
Appointed day
2
Subject to articles 3 to 6 below, the day appointed for the coming into force of —
a
the provisions of the Act which are specified in Schedule 1 to this Order, for purposes connected with the making of Regulations under or in consequence of provisions of the Act, is 4th March 1999;
b
the provisions of the Act which are specified in Schedule 2 to this Order, in so far as they are not already in force, is 1st April 1999; and
c
the provisions of the Act which are specified in Schedule 3 to this Order, in so far as they are not already in force, is 6th April 1999.
Regulations under Schedule 1 to the Contributions and Benefits Act
3
1
Any regulations made under paragraph 6 of Schedule 1 to the Contributions and Benefits Act before 1st April 1999 shall —
a
to the extent that they are made by virtue of sub-paragraph (5) of that paragraph, be treated on and after that date as made under that sub-paragraph with the concurrence of the Board, and
b
to the extent that they are not made by virtue of that sub-paragraph, shall be treated on and after that date as made under paragraph 6(1).
2
Any regulations made under paragraph 8(1) of Schedule 1 to the Contributions and Benefits Act before 1st April 1999 shall —
a
to the extent that they are made by virtue of paragraph 8(1)(d), or are made by virtue of paragraph 8(1)(q) and relate to the matter referred to in paragraph 8(1)(d), shall be treated on and after that date as made by the Secretary of State, and
b
to the extent that they are not so made, shall be treated on and after that date as made by the Treasury.
Decisions and appeals
4
1
Subject to paragraph (2) below, where —
a
a person has before 1st April applied —
i
in accordance with regulations made under section 58 of the Administration Act for the determination by the Secretary of State of any such question as is mentioned in section 17(1) of that Act, or
ii
in accordance with regulations made under paragraph (b) of subsection (3) of section 20 of that Act for the determination by an adjudication officer of any question mentioned in that subsection; and
b
that question has not been determined before that date,
the question shall on or after that date be treated in accordance with paragraph (3) below as being for the decision of an officer of the Board under section 8(1) of the Act.
2
Paragraph (1) above —
a
shall apply in relation to any such question as is mentioned in paragraph (b) of section 17(1) of the Administration Act only in so far as that question raises an issue of a kind specified in paragraph (c), (d) or (e) of section 8(1) of the Act; and
b
shall not apply in relation to any such question as is mentioned in paragraph (e) or (f) of that section 17(1).
3
A question to which paragraph (1) above applies —
a
by virtue only of paragraph (2)(a) above, shall be treated as falling to be decided under paragraph (c), (d) or, as the case may be, (e) of section 8(1) of the Act;
b
in any other case, shall be treated as falling to be decided under such provision of the Act as is specified in column (2) of the Table below in relation to the provision of the Administration Act (specified in column (1) of that Table) in which that question is mentioned.
TABLE
(1) (2) Provision of Administration Act Provision of the Act
Section 17(1)(a) Section 8(1)(a) Section 17(1)(c) Section 8(1)(c) Section 17(1)(d) Section 8(1)(b) Section 17(1)(g)(i) or (vi) Section 8(1)(f) Section 17(1)(g)(ii) to (v) Section 8(1)(g) Section 17(1)(h)(i) or (v) Section 8(1)(f) Section 17(1)(h)(ii) to (iv) Section 8(1)(g) Section 17(1)(i) Section 8(1)(i) Section 20(3) Section 8(1)(f)
4
Where, by virtue of paragraph (1)(a)(i) above, a question falls to be decided by an officer of the Board, that question shall until the relevant date be treated for the purposes of paragraphs (2)(b) and (3)(c)(ii) of regulation 28D of Schedule 1 to the Social Security (Contributions) Regulations 1979 (remission of interest pending determination of questions) as if it were a question for determination under section 17(1) of the Administration Act.
5
In paragraph (4) above, “the relevant date” means the date on which —
a
the question is determined by the officer of the Board; or
b
those provisions of that regulation 28D cease to be in force,
whichever first occurs.
6
Notwithstanding paragraph 1(2) of Schedule 8 (which provides for certain determinations made by the Secretary of State to have effect as if made by the Board), Part II of the Act shall not apply with respect to any decision given before 1st April 1999 —
a
by the Secretary of State on any such question as is mentioned in section 17(1) of the Administration Act;
b
by the Secretary of State of any such question as is mentioned in section 170(1) of the Pensions Schemes Act 1993 (which includes such a question among the questions to which section 17(1) of the Administration Act applies); or
c
by an adjudication officer of the question mentioned in section 20(3) of that Act.
7
Where, before 1st April 1999, the Secretary of State has determined a question to which section 170(7) of the Pension Schemes Act 1993 applies (certain questions arising under Part III of that Act), that determination shall, on and after that date, be treated for the purposes of the Occupational and Personal Pension Schemes (Contracting-out etc : Review of Determinations) Regulations 1997 as if it had been made by the Board.
Accounts of the National Insurance Fund
5
Notwithstanding the coming into force of paragraph 51 of Schedule 3 (which provides for the National Insurance Fund to be maintained under the control and management of the Board, and for its accounts to be prepared by them), the accounts of the National Insurance Fund in relation to the year ending on 31st March 1999 shall be prepared by the Secretary of State in accordance with section 161(2) of the Administration Act as in force prior to its amendment by that paragraph.
Complaints to the Parliamentary Commissioner for Administration
6
A complaint made under the Parliamentary Commissioner Act 1967 to the Parliamentary Commissioner for Administration in relation to the Department of Social Security, whether made before, on or after 1st April 1999, shall, in so far as it relates to any function transferred by virtue of a transfer provision to the Board, be treated on and after that date as if it were a complaint made in relation to the Board.
Signed by authority of the Secretary of State for Social Security.
Hugh Bayley
Parliamentary Under-Secretary of State,
Department of Social Security
3rd March 1999


text:
Citation and commencement
1
This Order may be cited as the Scottish Parliamentary Elections (Returning Officers' Charges) (Amendment) Order 1999 and shall come into force on 18 June 1999.
Amendment of the Scottish Parliamentary Elections (Returning Officers' Charges) Order 1999
2
1
The Scottish Parliamentary Elections (Returning Officers' Charges) Order 1999 is amended as follows.
2
In the definition of “by-election” in article 1(2) for “8” there is substituted “9”.
3
In article 3(1)(b) for “7” where it appears in the second place there is substituted “8”.
Calum MacDonald
Parliamentary Under Secretary of State
10th June 1999
We consent to this Order
Jim Dowd
Bob Ainsworth
Two of the Lords Commissioners of Her Majesty’s Treasury
16th June 1999


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Property Expenses Scheme) Regulations 1999, and shall come into force on 1st April 1999.
2
In these Regulations, unless the context otherwise requires–
“ the Act ” means the National Health Service and Community Care Act 1990;
“an eligible body” means a body of a kind described in regulation 3;
“member” means an eligible body which is a member of the Scheme;
“membership year” means, in relation to an eligible body, any period of 12 months beginning on 1st April during any part of which that body is a member of the Scheme;
“preceding year” means, in relation to a membership year, the period of 12 months immediately preceding that membership year;
“qualifying expense” means an expense of a kind described in regulation 4(1) and (2);
“relevant function” means the function of providing services in England for the purposes of the National Health Service Act 1977 or by virtue of section 7 of the Health and Medicines Act 1988 or under paragraph 14 or 15 of Schedule 2 to the Act;
“the Scheme” means the Property Expenses Scheme established by regulation 2.
3
In these Regulations, a reference to a numbered regulation is a reference to the regulation which bears that number in these Regulations, and a reference in a regulation to a numbered paragraph is a reference to the paragraph which bears that number in that regulation.
Establishment of scheme
2
There is hereby established a scheme, to be known as the Property Expenses Scheme, whereby an eligible body may, in accordance with the following provisions of these Regulations, make provision to meet qualifying expenses.
Eligible bodies
3
A body is eligible to participate in the Scheme if it is–
a
a National Health Service trust,
b
a Health Authority whose area is situated in England, or
c
a Special Health Authority.
Expenses to which the Scheme applies
4
1
The Scheme applies to any expense which is incurred by a member–
a
arising from any loss or damage to its property; and
b
which is not an expense arising from a liability which is a qualifying liability for the purposes of the National Health Service (Clinical Negligence Scheme) Regulations 1996 , the National Health Service (Existing Liabilities Scheme) Regulations 1996 or the National Health Service (Liabilities to Third Parties Scheme) Regulations 1999 .
2
Without prejudice to the generality of paragraph (1), the expenses to which the Scheme applies include expenses arising from–
a
loss of or damage to property of the member or for which the member was responsible in the course of a relevant function;
b
loss of use of equipment or other property necessitating immediate repair or replacement of the same before the member can resume normal working;
c
loss or damage to property arising from a deliberate act of fraud or dishonesty; and
d
any consequential or ancillary expense which arises in connection with any expense referred to in any of the above categories or in paragraph (1).
3
The Secretary of State and a member may agree–
a
a minimum level of expense which must arise before a payment or other provision in respect of such an expense may be made under the Scheme; and
b
an amount which is to be the maximum amount of any payment or other provision in respect of such an expense which may be made under the Scheme.
Administration of the Scheme
5
The Scheme shall be administered by the Secretary of State.
Membership of the Scheme
6
1
An eligible body which, before 31st March 1999, gave notice in writing to the Secretary of State of its wish to participate in the Scheme with effect from 1st April 1999, or such later date being not later than 31st March 2000 as the Secretary of State may determine, shall be a member of the Scheme with effect from 1st April 1999, or, as the case may be, such later date.
2
An eligible body to which paragraph (1) does not apply which wishes to participate in the Scheme during any period beginning after 31st March 2000 shall apply to the Secretary of State to be admitted as a member.
3
An application under paragraph (2) shall–
a
be made in writing in such form as the Secretary of State may require; and
b
be made no later than 1st October in the calendar year preceding that in which the eligible body wishes its first membership year to begin, or such later date as the Secretary of State may agree in relation to any specific eligible body.
4
An applicant shall provide such information as the Secretary of State may in writing request it to provide, as respects–
a
the nature of its relevant functions;
b
the number of employees of the applicant who are engaged in its performance of any relevant function, or such part of any relevant function as the Secretary of State may specify, and the qualifications and experience of those employees;
c
the nature and extent of qualifying expenses incurred by the applicant and the date of that incurring; and
d
such other information as he may request in connection with the application.
5
The Secretary of State shall, having regard to the information provided by the applicant under this regulation, and to such other factors as he considers to be material to the application, determine whether or not the applicant should be admitted as a member, and shall notify the applicant of his decision in writing.
6
Where the application of an eligible body has been successful under paragraph (2), that body shall be admitted as a member with effect from the beginning of the membership year next following the Secretary of State’s decision.
7
In this regulation “applicant” means an eligible body which has applied under paragraph (1) or (2) to be admitted as a member, and “application” shall be construed accordingly.
Termination of membership
7
1
Subject to paragraph (2), a member may terminate its participation in the Scheme on 31st March in any year by giving not less than 12 months' notice in writing to that effect to the Secretary of State.
2
A member’s participation in the Scheme may not be terminated, by notice under paragraph (1)–
a
where its membership takes effect on a date on or after 1st April 1999 and not later than 31st March 2000, before 31st March 2002; and
b
in any other case, before the expiry of three consecutive membership years beginning on the date on which, by virtue of regulation 6(6), its membership takes effect.
3
Where–
a
any payment which a member is, by virtue of regulation 8 (contributions under the Scheme), liable to make to the Secretary of State has remained unpaid for a period of not less than 28 days beginning on the date on which the payment should have been made;
b
a member has failed to provide, within 28 days, or such further period as the Secretary of State may in writing allow, of being requested to do so, any information which it is required by virtue of regulation 10 (provision of information) to provide; or
c
the continued membership of any member would, in the opinion of the Secretary of State, be detrimental to the efficient administration of the Scheme or to the interests of other members,
the Secretary of State may give notice in writing to that member that its participation in the Scheme is to cease on a date falling not less than 28 days after that on which the notice is given, and that member’s participation in the Scheme shall, unless the Secretary of State in writing withdraws the notice before that date, be terminated on that date.
Members' contributions to the Scheme
8
1
A member shall pay to the Secretary of State in respect of each membership year such amount as shall be determined in relation to that member, and notified to it, in accordance with this regulation.
2
When determining in relation to any member the amount of the payment to be made under paragraph (1) , the Secretary of State shall have regard to–
a
his estimate of the total amount which will, by virtue of regulation 9 (payments under the Scheme), fall to be paid during that membership year in respect of all qualifying expenses under the Scheme;
b
the nature of the member’s relevant functions;
c
the number of employees of the member who are engaged in its performance of a relevant function, or any part of such a function, and the qualifications and experience of those employees;
d
any agreement between the Secretary of State and the member that regulation 9(2)(b) or (c) is not to apply in relation to certain expenses incurred by the member; and
e
his assessment of–
i
the likely effectiveness of any steps being taken, or to be taken, by the member, as respects the manner in which it exercises any relevant function, with a view to reducing the incidence of qualifying expenses in connection with that function, and
ii
the effectiveness of any such steps which may previously have been taken;
and may have regard to any other factor concerning that or any other member or the Scheme which he considers to be material to his determination
3
The Secretary of State shall give notice in writing to each member–
a
as respects the membership year beginning on 1st April 1999, by no later than 31st May 1999; and
b
as respects any other membership year, by no later than 31st October in the preceding year;
of the amount of the payment which it is to make under paragraph (1).
4
Where, after notice has been given to a member in accordance with paragraph (3) in relation to any membership year, it appears to the Secretary of State that–
a
the amount specified in the notice was–
i
incorrectly calculated, or
ii
determined by reference to information which was incorrect, or
b
in the light of further information which has become available to him, the determination of that amount ought to be reconsidered,
he shall reconsider the determination and may, at any time before the end of the membership year to which it relates, revise the amount of the payment to be made under paragraph (1).
5
Where an amount is revised under paragraph (4), the Secretary of State shall give to the member notice in writing of the revised amount, and that paragraph shall have effect in relation to that amount as if the notice had been given under paragraph (3).
6
Any amount which falls to be paid by a member under paragraph (1) shall be paid by the member to the Secretary of State–
a
in relation to the membership year beginning on 1st April 1999, by 30th June 1999 or by such later date as the Secretary of State may allow; and
b
in relation to any other membership year, at such time, or in such instalments at such times, and in such manner–
i
as the Secretary of State and the member may, by no later than 1st March immediately preceding the membership year in question, agree, or
ii
in default of such agreement by that date, as the Secretary of State shall determine.
Payments under the Scheme
9
1
Where, in any membership year, a qualifying expense arises, the Secretary of State may, subject to paragraph (2)–
a
make a payment in respect of that expense to the member, or
b
make any other provision towards meeting that expense as he considers appropriate,
and the making, and the manner of making, of such payment or provision shall be agreed between the member and the Secretary of State or in default of such agreement determined by the Secretary of State.
2
The Secretary of State shall not meet any expense of a member under paragraph (1)–
a
which falls to be met after a member has given notice under regulation 7(1) to terminate its participation in the Scheme, unless the Secretary of State is satisfied that the expense would have fallen to be met at that time irrespective of the member’s decision to give such notice;
b
which has been incurred by an eligible body before the beginning of its first membership year, unless–
i
some part of that expense was to be met by the member after the beginning of the first membership year,
ii
the Secretary of State is satisfied that the member informed him, by no later than the qualifying date, of the relevant expense,
iii
the Secretary of State agreed, no later than the beginning of the first membership year, that this sub-paragraph shall not apply so as to preclude the operation of paragraph (1) in respect of any particular expense in relation to which heads (i) and (ii) above are satisfied, and
iv
that agreement remains in force at the date on which the relevant expense falls to be met by the member;
c
which falls to be met after the date of the termination of the member’s participation in the Scheme, unless–
i
the relevant expense was incurred by the member prior to that date,
ii
the Secretary of State is satisfied that the member informed him, by no later than the qualifying date, of the expense,
iii
prior to the date of termination of the member’s participation in the Scheme, the Secretary of State agreed that this sub-paragraph shall not apply so as to preclude the operation of paragraph (1) in respect of any expense in relation to which heads (i) and (ii) above are satisfied, and
iv
that agreement remained in force at the date of termination;
d
except to such extent as the Secretary of State may determine, in respect of–
i
any expense of an amount which is less than that for the time being agreed between the Secretary of State and the Member as the minimum amount in respect of which payment may be made under the Scheme,
ii
any expense to the extent that it exceeds such amount for the time being agreed by the Secretary of State and the Member as the maximum amount in respect of which a payment in respect of such an expense may be made under the Scheme, and
iii
where the member has not complied with any condition imposed by the Secretary of State relating to that expense;
e
which is of a nature in respect of which the Secretary of State has, in respect of all members and in respect of the relevant membership year, determined is not to be eligible for payment under the Scheme.
3
In this regulation–
a
“first membership year” means any membership year immediately following any period during which the eligible body was not a member;
b
“member” includes an eligible body whose participation in the Scheme has been terminated and in respect of whom the conditions specified in paragraph (2)(c)(iii) and (iv) are satisfied; and
c
“qualifying date” means the date falling 14 days after that on which the member became aware that a qualifying expense had arisen, or after that on which, in the opinion of the Secretary of State, the member ought to have become aware of that fact, whichever is the later.
Provision of information
10
A member shall, at such times and in such manner as the Secretary of State may require, furnish to the Secretary of State such information as he may request, about–
a
the nature of any relevant function being carried on, or to be carried on, by the member in any membership year which the Secretary of State may specify;
b
the number of employees of the member who are engaged in its performance of any relevant function, or such part of any relevant function as the Secretary of State may specify, and the qualifications and experience of those employees; and
c
any event of which the member is aware which it considers might give rise to a qualifying expense.
Availability of directions and guidance
11
The Secretary of State shall make available to eligible bodies, in such form and at such times as he may consider appropriate–
a
any directions he may give, to any body directed under section 21(4)(b) of the Act to carry out functions in connection with the administration of the Scheme, with respect to the discharge by that body of those functions;
b
any guidance he may give to that body as to the manner in which the Scheme is to be administered.
Signed by authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
15th March 1999
We consent,
Clive Betts
David Jamieson
Two of the Lords Commissioners of Her Majesty’s Treasury
17th March 1999