text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Food Safety (Fishery Products and Live Shellfish) (Hygiene) Amendment (No. 2) Regulations 1999 and shall come into force on 30th June 1999.
2
In these Regulations “the principal Regulations ” means the Food Safety (Fishery Products and Live Shellfish) (Hygiene) Regulations 1998 .
Amendment of regulation 2(1) of the principal Regulations
2
In regulation 2(1) (interpretation) after the definition of “potable water” there shall be inserted the following definition —
“prepared”, in relation to fishery products, means undergoing an operation affecting the products' anatomical wholeness, such as gutting, heading, slicing, filleting, chopping, etc ;
.
Amendment of regulation 20(1) of the principal Regulations
3
In regulation 20(1)(b) (direct transfers of live shellfish on local markets) of the principal Regulations, after the word “live” there shall be inserted the words “scallops (other than aquaculture products),”.
Amendment of regulation 30 of the principal Regulations
4
For regulation 30 (obligations upon food business proprietors operating auction or wholesale markets) of the principal Regulations there shall be substituted the following regulation —
Obligations on persons responsible for auction or wholesale markets
30
1
Any person who makes premises available for an auction or wholesale market at which fishery products which are intended for placing on the market for human consumption are handled shall ensure that the applicable provisions of Chapters II and III of Schedule 3 are complied with as respects the market.
2
Any food business proprietor who operates within an auction or wholesale market shall ensure that the applicable provisions of Chapters II and III of Schedule 3 are complied with as respects his business.
.
Amendment of regulation 41 of the principal Regulations
5
At the end of regulation 41(2) (direct transfers of fishery products on local markets) of the principal Regulations there shall be added the following words —
and “fishery products” in its application to shellfish means bivalve molluscs which have been gathered from a class A designated bivalve production area, scallops other than aquaculture products, echinoderms, tunicates and marine gastropods.
.
Substitution of Part V of the principal Regulations
6
For Part V of the principal Regulations (inspection charges) there shall be substituted the following Part —
PART V
INSPECTION CHARGES
Inspection charges
47
Schedule 4A (inspection charges) shall have effect.
.
Amendment of Chapter III of Schedule 3 to the principal Regulations
7
In Section II (general conditions of hygiene) of Chapter III (general conditions for establishments on land) of Schedule 3 (production and placing on the market conditions for fishery products) —
a
in paragraph A1, for the word “equipment” there shall be substituted the words “lavatories, equipment intended to facilitate personal hygiene (such as hand basins) and equipment”;
b
for paragraphs B1 and B2 there shall be substituted —
B. General conditions of hygiene applicable to persons working on or handling fishery products
1
The highest possible standard of cleanliness is required of persons working on or handling fishery products. More specifically —
a
persons working on or handling fishery products must wear suitable clean working clothes and headgear which completely encloses the hair; this applies particularly to persons handling exposed fishery products;
b
persons working on or handling fishery products must wash their hands at least each time work is resumed; wounds to hands must be covered by a waterproof dressing;
c
persons working on or handling fishery products must not smoke, spit, eat, or drink in any fishery products working or storage area.
2
1
The employer shall take all requisite measures to prevent persons working on or handling fishery products from contaminating them.
2
The employer shall prevent persons liable to contaminate fishery products from working on or handling them, until there is evidence that such persons can do so without risk.
3
When recruited, any person working on or handling fishery products must prove, by medical certificate, that there is no impediment to such work or handling.
.
Insertion of Schedule 4A in the principal Regulations
8
After Schedule 4 to the principal Regulations there shall be inserted Schedule 4A as set out in the Schedule to these Regulations.
Amendment of the Food Safety (Fishery Products and Live Shellfish) (Hygiene) Amendment Regulations 1999
9
In paragraph 5(2)(a) of the Schedule (amendments relating to the introduction of the standard registration document) to the Food Safety (Fishery Products and Live Shellfish) (Hygiene) Amendment Regulations 1999 , after “paragraphs 6A(5)” there shall be inserted “and (8)”.
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
2nd June 1999
Signed by authority of the Secretary of State for Health
Tessa Jowell
Minister of State for Public Health
Department of Health
27th May 1999
Jon Owen Jones
Parliamentary Under Secretary of State Welsh Office
4th June 1999
Sewel
Parliamentary Under Secretary of State Scottish Office
4th June 1999


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Price Marking Order 1999. Article 2(1) of this Order shall come into force on 4th December 1999 and all other articles shall come into force on 18th March 2000.
2
In this Order —
“advertisement” means any form of advertisement which is made in order to promote the sale of a product but does not include any advertisement by means of which the trader intends to encourage a consumer to enter into a distance contract, a catalogue, a price list, a container or a label;
“consumer” means any individual who buys a product for purposes that do not fall within the sphere of his commercial or professional activity;
“distance contract” means any contract concerning products concluded between a trader and a consumer, by any means, without the simultaneous physical presence of the trader and the consumer;
“foreign currency” means any currency other than sterling;
“itinerant trader” means any trader who, as a pedestrian, or from a train, aircraft, vessel, vehicle, stall, barrow, or other mobile sales unit, offers products to consumers other than by means of pre-printed material;
“net drained weight” means the weight of a solid food product when it is presented in a “liquid medium”, as that expression is defined for the purposes of paragraph 4 of Article 8 of Council Directive 79/112/ EEC relating to the labelling and presentation of foodstuffs ;
“products sold from bulk” means products which are not pre-packaged and are weighed or measured at the request of the consumer;
“relevant floor area” in relation to a shop means the internal floor area of the shop excluding any area not used for the retail sale of products or for the display of such products for retail sale;
“selling price” means the final price for a unit of a product, or a given quantity of a product, including VAT and all other taxes;
“shop” includes a store, a kiosk and a franchise or concession within a shop;
“small shop” means any shop which has a “relevant floor area” not exceeding 280 square metres;
“trader” means any person who sells or offers or exposes for sale products which fall within his commercial or professional activity;
“unit price” means the final price, including VAT and all other taxes, for one kilogram, one litre, one metre, one square metre or one cubic metre of a product, or, in respect of the products specified in Schedule 1, the final price for the corresponding unit of quantity set out in that Schedule, or, where products are sold by number, the final price for one individual item of the product.
Revocations
2
1
Article 7 of the Price Marking Order 1991 is hereby revoked.
2
The following orders are hereby revoked:
a
The Price Marking Order 1991 except article 7;
b
The Price Marking (Pre-packed Milk in Vending Machines) Order 1976 .
Exclusion from application of the Order
3
This Order shall not apply:
a
to products which are supplied in the course of the provision of a service; or
b
to sales by auction or sales of works of art or antiques.
Obligation to indicate selling price
4
1
Subject to paragraph (2) of this article, where a trader indicates that any product is or may be for sale to a consumer, he shall indicate the selling price of that product in accordance with the provisions of this Order.
2
The requirement in paragraph (1) above shall not apply in respect of:
a
products sold from bulk; and
b
an advertisement for a product.
Obligation to indicate unit price
5
1
Subject to paragraphs (2) (3) and (4) below, where a trader indicates that any product is or may be for sale to a consumer he shall indicate the unit price of that product in accordance with the provisions of this Order.
2
The requirement in paragraph (1) shall apply only in respect of any product sold from bulk or required by or under Parts IV or V of the Weights and Measures Act 1985 to be:
a
marked with an indication of quantity; or
b
made up in a quantity prescribed by or under that Act.
3
The requirement in paragraph (1) of this article shall not apply in relation to any product:
a
which is listed in Schedule 2;
b
the unit price of which is identical to its selling price; or
c
which is pre-packaged in a constant quantity and sold:
i
in a small shop;
ii
by an itinerant trader; or
iii
from a vending machine.
4
The requirement in paragraph (1) shall apply in relation to an advertisement for a product only where the selling price of a product is indicated in the advertisement.
Manner of indication of selling price and unit price
6
1
The indication of selling price and unit price required by this Order shall be in sterling.
2
If a trader indicates his willingness to accept foreign currency for the purchase of a product, he shall, in addition to the price indications in sterling, either:
a
identify the selling price and the unit price of the product in the foreign currency in question together with any commission to be charged; or
b
shall clearly identify the conversion rate on the basis of which the foreign currency prices will be calculated together with any commission to be charged.
3
Where a trader identifies the selling price and the unit price of the product in a foreign currency or identifies the conversion rate on the basis of which the foreign currency prices will be calculated, he shall also indicate that such selling price, unit price or conversion rate does not apply to transactions (via payment card or Uniform Eurocheque) to be applied to accounts denominated in currencies other than sterling, the exchange rate for which will be that applied by the relevant payment scheme which processes the transaction.
7
1
The indication of selling price, unit price, commission, conversion rate or change in the rate of Value Added Tax shall be —
a
unambiguous, easily identifiable and clearly legible;
b
placed in proximity to the products to which it relates; and
c
so placed as to be available to consumers without the need for them to seek assistance from the trader or someone else on his behalf in order to ascertain it.
2
The indication of any charges for postage, package or delivery of a product shall be unambiguous, easily identifiable and clearly legible.
3
Where, in addition to a unit price, a price per quantity is indicated in relation to a supplementary indication of quantity expressed in imperial units of measurement, the unit price shall predominate and the price per imperial quantity shall be expressed in characters no larger than the unit price.
8
In the case of a pre-packaged solid food product presented in a liquid medium, the unit price shall refer to the net drained weight of the product. Where a unit price is also given with reference to the net weight of the product, it shall be clearly indicated which unit price relates to net drained weight and which to net weight.
Change in Value Added Tax
9
The provisions of this Order shall be complied with notwithstanding any change in the rate or coverage of VAT or any other tax, provided that where there is any such change a retailer who adjusts his prices in consequence thereof may —
a
by means of a general notice or notices for a period of 14 days from the date any such change takes effect, indicate that any products subject to that change are not for sale at the price indicated and that such price will be adjusted to take account of the change;
b
continue to distribute any catalogue or sales literature printed or ordered to be printed before a change is announced if, but only if —
i
there is firmly attached thereto a label which prominently states that some or all of the prices printed therein are to be adjusted to reflect the change, and
ii
it includes sufficient information to enable prospective purchasers to establish the adjusted prices of any products listed, or
iii
it refers to and is accompanied by a supplement which enables them to do so.
Decimal places and roundings of unit prices
10
Where the unit price of a product falls below £1 it shall be expressed to the nearest 0.1p. Where the figure denoting one hundredths of one penny in the unit price is 5 or higher, it shall be rounded up. Where it is 4 or lower it shall be rounded down.
11
Where the unit price of a product falls above £1 it shall be expressed to the nearest 1p. In these cases where the figure denoting tenths of one penny in the unit price is 5 or higher, it shall be rounded up. Where it is 4 or lower it shall be rounded down.
Enforcement
12
1
This Order shall be enforced under the Prices Act 1974 .
2
For the purpose of ascertaining whether any trader is exempt, under article 5(3)(c)(i), from the requirement to unit price products which are pre-packaged in a constant quantity, a trading standards authority may require that trader to produce such documentary evidence relating to the shop in question as it considers necessary.
Kim Howells,
Parliamentary Under-Secretary of State for Consumers and Corporate Affairs,
Department of Trade and Industry
10th November 1999


text:
Title and commencement
1
These Regulations may be cited as the Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1999 and shall come into force on 30th April 1999.
Amendment of the Seeds (National Lists of Varieties) (Fees) Regulations 1994
2
For the Schedules to the Seeds (National Lists of Varieties) (Fees) Regulations 1994 there shall be substituted the Schedules set out in the Schedule to these Regulations.
Jeff Rooker
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
1st April 1999
Sewel
Parliamentary Under Secretary of State, Scottish Office
1st April 1999
Signed by authority of the Secretary of State for Wales
Peter Hain
Parliamentary Under Secretary of State, Welsh Office
7th April 1999
Paul Murphy
Secretary of State, Northern Ireland Office
8th April 1999


text:
PART I
PRELIMINARY
Citation and commencement
1
These Regulations may be cited as the Motor Fuel (Composition and Content) Regulations 1999 and shall come into force on —
a
10th December 1999 for the purposes of regulations 8, 9(2) to (9), 10 and 16 and Schedules 1 and 2, and
b
1st January 2000 for all other purposes.
General interpretation
2
In these Regulations —
“ BS EN ISO 3830:1996” means the British Standard which is entitled “Petroleum products — Determination of lead content of gasoline — Iodine monochloride method” and was published under number BS EN ISO 3830:1996;
“diesel fuel” has the same meaning as “diesel fuels” as defined in Article 2(2) of the Directive ;
“the Directive” means Directive 98/70/ EC of the European Parliament and of the Council of 13 October 1998 relating to the quality of petrol and diesel fuels and amending Council Directive 93/12/ EEC ;
“distribute” in relation to motor fuel means either —
import into the United Kingdom, or
distribute from a refinery;
“filling station” means any premises used or intended to be used for fuelling motor vehicles with motor fuel in the course of the business of selling motor fuel by retail;
“filling station tank” means a tank at a filling station which stores motor fuel prior to its sale by retail;
“kPa” means kilopascal(s);
“leaded petrol” means petrol which (with the exception of the environmental specifications for lead content, research octane number and motor octane number in Annex I of the Directive) complies with the relevant requirements for petrol in regulations 4 and 5 and which has —
a lead content of not less than 0.05g/l and not more than 0.15g/l measured in accordance with BS EN ISO 3830:1996,
a research octane number of not less than 97 measured in accordance with the Test Method specified for research octane number in Annex I of the Directive, and
a motor octane number of not less than 86 measured in accordance with the Test Method specified for motor octane number in Annex I of the Directive;
“motor fuel” means petrol or diesel fuel;
“petrol” has the same meaning as in Article 2(1) of the Directive;
“refinery” has the same meaning as in section 27(1) of the Hydrocarbon Oil Duties Act 1979 ; and
“sell” means to sell by retail at a filling station and unless the context otherwise provides “sale”, “sells” and “sold” shall be construed accordingly.
PART II
REGULATIONS RELATING TO THE SALE AND DISTRIBUTION OF MOTOR FUEL
Interpretation of requirements relating to motor fuel
3
1
References in these Regulations to motor fuel complying with a specified requirement shall be construed in accordance with this regulation.
2
Petrol complies with “the winter petrol requirement” if the composition and content of the petrol are such that —
a
from 1st January 2000 it complies with the environmental specifications in Annex I of the Directive,
b
from 1st January 2005 it complies with the environmental specifications in Annex III of the Directive.
3
Petrol complies with “the summer petrol requirement” if the composition and content of the petrol are such that —
a
from 1st January 2000 —
i
it complies with the environmental specifications in Annex I of the Directive, with the exception of the Reid vapour pressure, and
ii
it has a Reid vapour pressure of not more than 70kPa;
b
from 1st January 2005 it complies with the environmental specifications in Annex III of the Directive.
4
Petrol complies with “the transitional requirement” if the composition and content of the petrol are such that it complies with the environmental specifications in Annex I of the Directive with the exception of the environmental specifications for benzene and sulphur content.
5
Diesel fuel complies with “the diesel fuel requirement” if the composition and content of the diesel fuel are such that —
a
from 1st January 2000 it complies with the environmental specifications in Annex II of the Directive,
b
from 1st January 2005 it complies with the environmental specifications in Annex IV of the Directive.
Restrictions on the distribution of motor fuel
4
1
Subject to the provisions of these Regulations, no person shall, during a period beginning on 1st September in any year and ending on 15th April in the following year, distribute petrol which —
a
does not comply with the winter petrol requirement; and
b
is for use within the United Kingdom.
2
Subject to the provisions of these Regulations, no person shall during a period beginning on 16th April and ending on 31st August in any year, distribute petrol which —
a
does not comply with the summer petrol requirement; and
b
is for use within the United Kingdom.
3
Subject to the provisions of these Regulations, no person shall distribute diesel fuel which —
a
does not comply with the diesel fuel requirement; and
b
is for use within the United Kingdom.
Restrictions on the sale of motor fuel
5
1
Subject to the provisions of these Regulations, no person shall, during a period beginning on 1st September in any year and ending on 31st May in the following year, sell petrol which —
a
does not comply with the winter petrol requirement; and
b
is for use within the United Kingdom.
2
Subject to the provisions of these Regulations, no person shall, during a period beginning on 1st June and ending on 31st August in any year, sell petrol which —
a
does not comply with the summer petrol requirement; and
b
is for use within the United Kingdom.
3
Paragraph (2) shall not apply to petrol —
a
which complies with the winter petrol requirement, and
b
which is stored in a filling station tank to which fewer than three deliveries of petrol have been made since 15th April immediately preceding the beginning of the period mentioned in paragraph (2).
4
This paragraph applies to a filling station which is supplied from a facility (in this regulation referred to as “the supplying facility”) —
a
which is only supplied by sea-going vessels, and
b
whose total annual throughput of petrol is not more than 8,000 metric tonnes.
5
Where paragraph (4) applies to a filling station, paragraph (2) shall not apply to petrol stored at that filling station where that petrol —
a
complies with the winter petrol requirement, and
b
is stored in a filling station tank to which fewer than two deliveries of petrol have been made since the second delivery of petrol to the supplying facility since 15th April immediately preceding the beginning of the period mentioned in paragraph (2).
6
Subject to the provisions of these Regulations, no person shall sell diesel fuel which —
a
does not comply with the diesel fuel requirement; and
b
is for use within the United Kingdom.
Exemptions relating to the distribution or sale of motor fuel
6
1
Regulations 4 and 5 do not apply to the distribution or sale of motor fuel for the purposes of tests or experiments in connection with —
a
the composition or content of motor fuel; or
b
the design or performance of any article which uses, or is intended to use, motor fuel, or any component or lubricant of such article, in a case where the composition or content of the fuel is relevant to such design or performance.
2
Notwithstanding the provisions of regulations 4 and 5, leaded petrol may be distributed and sold —
a
for use in a vehicle which belongs to the Crown and which is used for naval, military or air force purposes; or
b
in accordance with the provisions of Part III of these Regulations.
3
Regulations 4 and 5 do not apply to the distribution or sale of motor fuel which is in the course of being manufactured or blended or which requires, for whatever reason, further manufacturing or blending.
4
Regulation 5(1) shall not apply to petrol —
a
which complies with the transitional requirement, and
b
which is stored in a filling station tank to which fewer than three deliveries of petrol have been made since 1st January 2000.
5
Nothing in regulation 4 or 5 shall render it unlawful for a person to distribute or sell any motor fuel on the ground that it fails to comply with any requirements mentioned in those regulations if —
a
the failure is due to a mistake or to reliance on information supplied to him or to the act or default of another person, accident or some other cause beyond his control; and
b
the person in question has taken all reasonable precautions and exercised all due diligence to avoid such failure by himself or any person under his control.
Power of the Secretary of State to grant exemptions
7
1
The Secretary of State may grant exemptions from the provisions of regulations 4 and 5 but only in accordance with the provisions of Articles 3(5), 4(3) and 7 of the Directive.
2
Any exemption granted under paragraph (1) shall be made by instrument in writing and shall confer exemption upon such person or classes of person for such period and in such circumstances as may be specified in the instrument conferring the exemption.
PART III
REGULATIONS RELATING TO LEADED PETROL PERMITS
Interpretation of Part III
8
In this Part of these Regulations —
“distribution statement” means a statement provided in accordance with paragraph 8 of Schedule 1 to these Regulations;
“calendar year” means —
1st January to 31st December in any year, or
where 1st January has passed in any particular year, from the date of the day in question to 31st December in that year;
“ FBHVC ” means the Federation of British Historic Vehicle Clubs;
“leaded petrol permit” has the meaning given in regulation 9(2);
“new applicant” means any applicant for a leaded petrol permit who has not previously been a permit holder and “new application” shall be construed accordingly;
“nominated filling station” means a filling station specified in a leaded petrol permit;
“permit holder” means a person who holds at least one leaded petrol permit which is in force;
“total leaded petrol allocation” means the total amount of leaded petrol, measured in metric tonnes, that a permit holder can distribute and sell in accordance with the leaded petrol permit or permits held by him;
“unallocated leaded petrol” means the amount of leaded petrol, or any fraction of that amount, which in accordance with regulation 9(2)(b) is specified in a leaded petrol permit in respect of which either —
a revocation notice has been given by the Secretary of State in accordance with regulation 12(2), or
a written notice has been given to the Secretary of State in accordance with regulation 13(1)(a).
Leaded petrol permits: general
9
1
Subject to the other provisions of this Part of these Regulations, a person may distribute or sell leaded petrol for use within the United Kingdom if authorised to do so by a leaded petrol permit.
2
A leaded petrol permit is a permit issued by the Secretary of State which —
a
authorises the distribution and sale of an amount of leaded petrol during any calendar year,
b
specifies that amount of leaded petrol, and
c
specifies the terms and conditions on which the distribution and sale shall take place.
3
The Secretary of State shall not issue leaded petrol permits authorising the distribution and sale of more than a total of 100,000 tonnes of leaded petrol during any calendar year.
4
The amount specified in paragraph (3) is referred to in these Regulations as “the annual leaded petrol allocation”.
5
A leaded petrol permit may be granted to —
a
a producer of petrol which is for use within the United Kingdom,
b
an importer of petrol into the United Kingdom, or
c
a distributor of leaded petrol within the United Kingdom, and
shall apply to the distribution of leaded petrol to, and the sale of leaded petrol from, nominated filling stations provided such distribution and sale are in accordance with the terms and conditions of the permit.
6
Leaded petrol permits may be granted —
a
to new applicants for a period of one calendar year, and
b
in all other circumstances for a period of three calendar years.
7
A leaded petrol permit may only be varied or surrendered in accordance with the provisions of regulations 11 and 13.
8
A leaded petrol permit is not transferable by the permit holder but the Secretary of State may transfer it to another person in accordance with the provisions of regulations 14 and 15.
9
A leaded petrol permit shall continue in force until its date of expiry unless previously surrendered or revoked in accordance with these Regulations.
Grant of a leaded petrol permit
10
1
An application for a leaded petrol permit shall be made in writing to the Secretary of State and shall include the information and be accompanied by the evidence specified in Schedule 1.
2
The Secretary of State shall not be required to determine an application if that information and evidence has not been provided.
3
On receipt of an application for a leaded petrol permit, and subject to the provisions of paragraphs (4) to (7), the Secretary of State may —
a
grant one or more leaded petrol permits to the applicant on the terms and conditions specified in Schedule 2 and on such other terms as appear to the Secretary of State appropriate, or
b
reject the application.
4
The total leaded petrol allocation granted to an applicant shall not exceed the amount stated by the applicant in accordance with paragraph 6(c) of Schedule 1.
5
In determining an application, the Secretary of State shall take into account the following —
a
the amount of leaded petrol which the applicant intends to distribute and sell,
b
the geographical area within which the applicant proposes to supply leaded petrol,
c
the number and location of the filling stations which the applicant has proposed as nominated filling stations,
d
the applicant’s distribution statement,
e
the applicant’s ability to discharge the obligations arising from the permit or permits for which he is applying, and
f
the desirability of ensuring that as widespread and continuous a supply of the annual leaded petrol allocation is achieved throughout the United Kingdom as is reasonably practicable.
6
A leaded petrol permit shall not be issued to an applicant unless the Secretary of State is satisfied that the applicant is —
a
i
a producer of petrol in the United Kingdom,
ii
an importer of petrol into the United Kingdom, or
iii
a distributor of petrol within the United Kingdom, and
b
in each case, a registered member of the FBHVC.
7
The Secretary of State shall not issue leaded petrol permits to less than two applicants in respect of any calendar year, unless —
a
there has been only one application for a leaded petrol permit for that calendar year, or
b
the Secretary of State is of the opinion that there are insufficient suitable applicants for this requirement to be met.
Variation of a leaded petrol permit
11
1
While a leaded petrol permit is in force, the permit holder may apply in writing to the Secretary of State to vary —
a
the nominated filling stations specified in the permit, or
b
the terms of the mandatory condition specified in accordance with paragraph 1(b) of Schedule 2.
2
On receipt of an application under paragraph (1), the Secretary of State may —
a
grant the variation on the terms set out in the permit holder’s application,
b
grant the variation on such terms and subject to such conditions as appear to the Secretary of State appropriate, or
c
reject the application.
3
In determining an application, the Secretary of State shall take into account the desirability of ensuring that as widespread and continuous a supply of the annual leaded petrol allocation is achieved throughout the United Kingdom as is reasonably practicable.
4
Where the Secretary of State varies a leaded petrol permit in accordance with sub-paragraph (2)(a) or (b), the Secretary of State shall issue the permit holder with a variation notice specifying —
a
the leaded petrol permit to which the notice applies,
b
the nominated filling stations as varied by the notice, and
c
any terms and conditions which apply to the permit as a result of the variation,
and following its issue a variation notice shall be treated as a term of the leaded petrol permit to which it applies.
Revocation of a leaded petrol permit
12
1
Where a leaded petrol permit is in force and where —
a
it appears to the Secretary of State that the permit holder is in breach of any of the terms or the conditions of the permit, or
b
the permit holder has gone into liquidation,
the Secretary of State may revoke the permit.
2
Where the Secretary of State exercises his powers under paragraph (1) he shall give the permit holder a revocation notice stating —
a
the grounds on which the permit is being revoked, and
b
the date when the revocation shall take effect (“the revocation date”).
3
The revocation date specified in a revocation notice shall not be less than one month from the date when the revocation notice is sent to the permit holder.
4
A leaded petrol permit revoked in accordance with this regulation shall cease to authorise the permit holder to distribute and sell that amount of leaded petrol which, in accordance with regulation 9(2)(b), is specified in the permit.
Surrender of a leaded petrol permit
13
1
Subject to the provisions of paragraph (2), a permit holder may surrender a leaded petrol permit by —
a
giving the Secretary of State not less than one month’s notice in writing of his intention to surrender the permit,
b
specifying the permit which he wishes to surrender,
c
specifying a date on which the surrender will take place (“the surrender date”), and
d
delivering the leaded petrol permit to the Secretary of State by the surrender date.
2
Following receipt of a notice under paragraph (1), the Secretary of State, if he thinks it is appropriate, may serve a notice on the permit holder specifying a later date as the surrender date.
3
In exercising the power under paragraph (2), the Secretary of State may not specify a date which is more than five months after the date specified in the notice given under paragraph (1).
4
A leaded petrol permit surrendered in accordance with this regulation shall cease to authorise the permit holder to distribute and sell that amount of leaded petrol which, in accordance with regulation 9(2)(b), is specified in the permit.
Duties of the Secretary of State on the surrender and revocation of a leaded petrol permit where the permit holder will continue to distribute and sell leaded petrol
14
1
This regulation applies where —
a
a revocation notice is given to a permit holder by the Secretary of State in accordance with regulation 12(2), or
b
a written notice is given to the Secretary of State by a permit holder in accordance with regulation 13(1)(a),
and that permit holder would remain a permit holder by holding another permit were the revocation notice or the written notice, as the case may be, to take effect.
2
Where the Secretary of State has given a revocation notice in accordance with regulation 12(2), as soon as reasonably practicable after —
a
the expiry of the period specified in regulation 16(3)(a), or
b
the determination of the appeal, where an appeal has been made under regulation 16(1)(e) and that appeal has failed,
the Secretary of State shall write to any other permit holders inviting them to apply for the unallocated leaded petrol and the Secretary of State may advertise the availability of the unallocated leaded petrol generally.
3
Where the Secretary of State has been given a written notice in accordance with regulation 13(1)(a), as soon as reasonably practicable the Secretary of State —
a
shall write to the other permit holders inviting them to apply for the unallocated leaded petrol, and
b
may advertise the availability of the unallocated leaded petrol generally.
4
Where a permit holder applies for a leaded petrol permit in respect of the unallocated leaded petrol under this regulation, the application shall —
a
be made in writing to the Secretary of State, and
b
identify those nominated filling stations through which the permit holder intends to sell the leaded petrol.
5
Where a person other than a permit holder applies for a leaded petrol permit in respect of the unallocated leaded petrol under this regulation, the application shall be made in accordance with regulation 10.
6
On receipt of an application under paragraph (4), and subject to the provisions of paragraph (7), the Secretary of State may —
a
grant one or more leaded petrol permits to the applicant on the terms and conditions specified in Schedule 2 and on such other terms as appear to the Secretary of State appropriate, or
b
reject the application.
7
In exercising the power specified in paragraph (6), the Secretary of State shall take into account the desirability of ensuring that as widespread and continuous a supply of the annual leaded petrol allocation is achieved throughout the United Kingdom as is reasonably practicable.
Duties of the Secretary of State on the surrender and revocation of a leaded petrol permit where the permit holder will cease to distribute and sell leaded petrol
15
1
This regulation applies where —
a
a revocation notice is given to a permit holder by the Secretary of State in accordance with regulation 12(2), or
b
a written notice is given to the Secretary of State by a permit holder in accordance with regulation 13(1)(a),
and that permit holder would cease to be a permit holder were the revocation notice or the written notice, as the case may be, to take effect.
2
Where the Secretary of State has given a revocation notice in accordance with regulation 12(2), as soon as reasonably practicable after —
a
the expiry of the period specified in regulation 16(3)(a), or
b
the determination of the appeal, where an appeal has been made under regulation 16(1)(e) and that appeal has failed,
the Secretary of State shall advertise the availability of the unallocated leaded petrol generally.
3
Where the Secretary of State has been given written notice in accordance with regulation 13(1)(a), as soon as reasonably practicable the Secretary of State shall advertise the availability of the unallocated leaded petrol generally.
4
Where an application for a leaded petrol permit in respect of the unallocated leaded petrol is made under this regulation, the application shall be made in accordance with regulation 10.
Appeals
16
1
Where —
a
an application for a leaded petrol permit is rejected,
b
an application for a leaded petrol permit in respect of unallocated leaded petrol is rejected,
c
a leaded petrol permit is granted subject to conditions,
d
an application for the variation of a leaded petrol permit is rejected, or
e
a revocation notice is given by the Secretary of State in accordance with regulation 12(2),
the applicant or, as the case may be, the permit holder may appeal against the decision to the Secretary of State.
2
An appeal under paragraph (1) shall be made by notice in writing accompanied by a statement of the grounds of the appeal.
3
A notice of appeal shall be given —
a
in the case of an appeal under sub-paragraph (1)(a), (c) or (e) before the expiry of the period of fourteen days beginning with the date on which the decision which is the subject of the appeal is notified to the appellant, and
b
in the case of any other appeal under paragraph (1), before the expiry of the period of twenty-eight days beginning with the date on which the decision which is the subject of the appeal is notified to the appellant.
4
The Secretary of State, if satisfied that there are special reasons for doing so, may at any time allow notice of an appeal to be given after the expiry of the periods mentioned in paragraph (3).
5
The Secretary of State shall not be required to determine an appeal under sub-paragraph (1)(a) or (b) in respect of an application for a particular calendar year if on the date he receives the notice of appeal —
a
one or more permits have been issued in respect of that calendar year, and
b
those permits authorise the distribution and sale of all of the annual leaded petrol allocation for that calendar year.
6
Where an appeal under paragraph (1)(a) or (b) is successful in whole or in part, the Secretary of State may give effect to the appeal decision by issuing one or more leaded petrol permits in accordance with the provisions of regulation 10(3)(a).
7
Where an appeal under paragraph (1)(c) or (d) is successful in whole or in part, the Secretary of State may give effect to the appeal decision by issuing a variation notice in accordance with regulation 11(4).
8
Where an appeal under paragraph (1)(e) is successful in whole or in part, the Secretary of State shall give effect to the appeal decision by reinstating the appellant as the holder of any permit in respect of which the appeal succeeded.
PART IV
REGULATIONS RELATING TO SUPPLEMENTAL MATTERS AND REVOCATION
Evidence by certificate in Scotland
17
1
In any proceedings in Scotland against any person for contravention of, or failure to comply with, any provision of these Regulations a certificate issued by any person possessing the qualifications prescribed by regulations made under section 27 of the Food Safety Act 1990 as qualifying persons for appointment as public analysts under that Act and stating the results of any test carried out in accordance with the appropriate method specified in paragraph (2) below shall be received in evidence, and be sufficient evidence of the matters stated in the certificate, and the provisions of subsections (2) to (4) of section 31 of the Trade Descriptions Act 1968 (evidence by certificate) shall apply to any such certificate as they apply to such a certificate as mentioned in that section.
2
A test carried out in accordance with the appropriate method referred to in paragraph (1) is a Test Method specified in Annexes I to IV of the Directive.
Revocations
18
The Motor Fuel (Composition and Content) Regulations 1994 are revoked.
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
19th November 1999


text:
Commencement and citation
1
This Order may be cited as The A4 Trunk Road (Hillingdon and Hounslow) Red Route Traffic Order 1997 Variation Order 1999, and shall come into force on 27th August 1999.
Variations
2
The A4 Trunk Road (Hillingdon and Hounslow) Red Route Traffic Order 1997 is varied by the following provisions of this Order.
3
In schedule 2B, items 3 and 4 are deleted and replaced with the following items:
1. The A4 Bath Road, the south side, between a point opposite the party wall of 750 and 752 Bath Road and a part 1.5 metres east of the party wall of 768 and 770 Bath Road. 10 am-4pm Monday-Saturday inclusive 20 minutes 40 minutes 2. The A4 Bath Road, the south side, between a point opposite the common boundary of 626 and 628 Bath Road and a point 12.1 metres west thereof. 3. The A4 Bath Road, the south side between a point 18.7 metres west of the common boundary of 626 and 628 Bath Road and a point 17.8 metres west thereof.
4
In schedule 3B, item 1 and 2 are deleted and replaced with the words “No items”.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
18th August 1999


text:
1
This Order may be cited as the Knives Act 1997 (Commencement) (No. 2) Order 1999.
2
Section 8 of the Knives Act 1997 shall come into force on 1st March 1999.
Paul Boateng
Minister of State
Home Office
8th January 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the City of Exeter (Electoral Changes) Order 1999.
2
This Order shall come into force–
a
for the purpose of all proceedings preliminary or relating to any election to be held on 4th May 2000, on 10th October 1999;
b
for all other purposes, on 4th May 2000.
3
In this Order–
“the city” means the city of Exeter;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map prepared by the Department of the Environment, Transport and the Regions marked “Map of the City of Exeter (Electoral Changes) Order 1999”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of Exeter
2
1
The existing wards of the city shall be abolished.
2
The city shall be divided into eighteen wards which shall bear the names set out in column (1) of Schedule 1.
3
Each ward shall comprise the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (2) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, waterway or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of Exeter
3
1
Subject to the following provisions of this article, elections of councillors for wards of the city shall be by thirds.
2
Elections of all councillors for all wards of the city shall be held simultaneously on the ordinary day of election of councillors in 2000 .
3
The councillors holding office for any ward in the city immediately before 8th May 2000 shall retire on that date and the newly elected councillors for those wards shall come into office on that date.
4
The order of retirement of councillors shall be as set out in Schedule 2.
5
Of the councillors elected in 2000 for any ward of the city–
a
the first to retire shall, subject to paragraphs (6) and (7) below, be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
6
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
7
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
8
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
9
Except as otherwise provided in the foregoing paragraphs of this article, the term of office of councillors shall be four years and all councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly elected councillors shall come into office on the day on which their predecessors retire.
Revocation
4
The City of Exeter (Electoral Arrangements) Order 1979 is hereby revoked.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Beverley Hughes
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
6th September 1999


text:
1
1
This Order may be cited as the Prevention of Terrorism (Temporary Provisions) Act 1989 (Continuance) Order 1999 and shall come into force on 22nd March 1999.
2
In this Order “the 1989 Act ” means the Prevention of Terrorism (Temporary Provisions) Act 1989.
2
The following provisions shall continue in force for a period of twelve months beginning with 22nd March 1999–
a
Parts I, III , IV and V and section 27(6)(c) of the 1989 Act, except the provisions of Parts III and V so far as they have effect in Northern Ireland and relate to proscribed organisations for the purposes of section 30 of the Northern Ireland (Emergency Provisions) Act 1996 or offences or orders under that section; and
b
section 4 of the Criminal Justice (Terrorism and Conspiracy) Act 1998 so far as that section extends to England and Wales and Scotland.
Jack Straw
One of Her Majesty’s Principal Secretaries of State
Home Office
18th March 1999


text:
Citation
1
This Order may be cited as the Environment Act 1995 (Commencement No. 15) Order 1999.
Provisions coming into force on 29th April 1999
2
Section 120(1) of the Environment Act 1995 shall come into force on 29th April 1999 in so far as it relates to the following provisions of Schedule 22–
paragraph 161;
paragraph 162 (in so far as not already in force); and
paragraph 163.
Signed by authority of the Secretary of State
Michael Meacher
Minister of State,
Department of the Environment, Transport and the Regions
27th April 1999


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Tax Credits Schemes (Miscellaneous Amendments) Regulations 1999 and shall come into force on 5th October 1999 immediately after section 2(1)(a) of the Tax Credits Act 1999.
2
Regulations 3 to 25 and 26(3) and (4) shall have effect in relation to any period for which tax credit is payable to a person by virtue of section 128(3) or 129(6) of the Contributions and Benefits Act commencing on or after 5th October 1999.
Interpretation
2
In these Regulations unless the context otherwise requires–
“the Contributions and Benefits Act” has the same meaning as in regulation 2(1) of the Family Credit Regulations and the Disability Working Allowance Regulations respectively;
“the Disability Working Allowance Regulations” means the Disability Working Allowance (General) Regulations 1991 ;
“the Family Credit Regulations” means the Family Credit (General) Regulations 1987 ;
“regulation” in regulations 3 to 13 means a regulation of the Family Credit Regulations, and in regulations 14 to 25 means a regulation of the Disability Working Allowance Regulations, and any reference in those numbered regulations to a paragraph of a Schedule, or a Schedule, is a reference to the paragraph in that Schedule, or that Schedule, of those Regulations respectively;
“tax credit” means working families' tax credit or disabled person’s tax credit, within the meanings of section 1(1) of the Tax Credits Act 1999.
Amendments to the Family Credit Regulations
3
In regulation 2(1) –
a
after the definition of “the Act” there shall be inserted–
“appropriate officer” means the Board or, as the case may be, an officer of the Board;
;
b
after the definition of “the benefit Acts” there shall be inserted–
“the Board” means the Commissioners of Inland Revenue;
;
c
for the definition of “disability working allowance” there shall be substituted–
“the Disability Working Allowance Regulations” means the Disability Working Allowance (General) Regulations 1991;
“disabled person’s tax credit” means a disabled person’s tax credit under section 129 of the Contributions and Benefits Act;
;
d
after the definition of “week of claim” there shall be inserted–
“working families' tax credit” means working families' tax credit under section 128 of the Contributions and Benefits Act;
.
4
In regulation 12 after the word “Part” there shall be inserted the words “or Part V”.
5
1
Regulation 13 is amended as follows.
2
In paragraph (1) sub-paragraph (c) and the word “and” after sub-paragraph (b) shall be omitted.
3
Paragraph (1A) shall be omitted.
6
Regulation 13A shall be renumbered “46A” and shall be omitted after regulation 13 and inserted after regulation 46.
7
1
Regulation 46 is amended as follows.
2
In paragraph (1) after sub-paragraph (aa) the following sub-paragraph shall be inserted–
ab
in a case to which regulation 46A applies, a credit (“childcare tax credit”) calculated in accordance with the formula–
70% × C
where
C is the amount of any relevant childcare charges as mentioned and calculated on a weekly basis in regulation 46A, subject to a maximum in respect of the claimant’s family of whichever of the amounts specified in paragraph (1A) applies in the claimant’s case;
.
3
After paragraph (1) there shall be inserted–
1A
The maximum amount to which paragraph (1)(ab) refers shall be–
a
where the claimant’s family includes only one child in respect of whom relevant childcare charges are paid, £100.00 per week;
b
where the claimant’s family includes more than one child in respect of whom relevant childcare charges are paid, £150.00 per week.
8
1
Regulation 46A (as renumbered in accordance with regulation 6 of these Regulations) is amended as follows.
2
For the words “child care” wherever they occur there shall be substituted the word “childcare”.
3
In paragraph (2)–
a
before the definition of “local authority” there shall be inserted–
“disabled child” means a child to whom paragraph (1A) of regulation 51 of the Disability Working Allowance Regulations applies;
;
b
in the definition of “relevant childcare charges” for the references to “twelfth birthday” there shall be substituted references to “fifteenth birthday or, if the child is a disabled child, sixteenth birthday”.
9
In regulation 47(1) for “£80.65” there shall be substituted “£90.00”.
10
In regulation 48 for “70” there shall be substituted “55”.
11
Regulation 51A shall be omitted.
12
In paragraph 47(1) of Schedule 2 for the words “£15 of any” there shall be substituted the word “Any”.
13
In Schedule 4 –
a
after the words “YOUNG PERSON CREDITS” there shall be inserted the words “(EXCLUDING CHILDCARE TAX CREDIT)”;
b
for the figure of “£49.80” specified in Column (2) against paragraph 1 (adult) there shall be substituted the figure of “£52.30”;
c
for the figure of “£15.15” specified in Column (2) against paragraph 2(a) there shall be substituted the figure of “£19.85”.
Amendments to the Disability Working Allowance Regulations
14
In regulation 2(1) –
a
after the definition of “the Act” there shall be inserted–
“appropriate officer” means the Board or, as the case may be, an officer of the Board;
;
b
after the definition of “the benefit Acts” there shall be inserted–
“the Board” means the Commissioners of Inland Revenue;
;
c
after the definition of “date of claim” there shall be inserted–
“disabled person’s tax credit” means a disabled person’s tax credit under section 129 of the Contributions and Benefits Act;
;
d
after the definition of “week of claim” there shall be inserted–
“working families' tax credit” means working families' tax credit under section 128 of the Contributions and Benefits Act;
.
15
In regulation 14 after the word “Part” there shall be inserted the words “or Part VI”.
16
1
Regulation 15 is amended as follows.
2
In paragraph (1) sub-paragraph (c) and the word “and” after sub-paragraph (b) shall be omitted.
3
Paragraph (1A) shall be omitted.
17
Regulation 15A shall be renumbered “51A” and shall be omitted after regulation 15 and inserted after regulation 51.
18
1
Regulation 51 is amended as follows.
2
In paragraph (1)–
a
in the words before sub-paragraph (a), for the word “allowances” there shall be substituted the word “credits”;
b
in sub-paragraphs (a) to (d), for the word “allowance” wherever it occurs there shall be substituted the word “credit”;
c
after sub-paragraph (a) the following sub-paragraph shall be inserted–
aa
in a case to which regulation 51A applies, a credit (“childcare tax credit”) calculated in accordance with the formula–
70% × C
where
C is the amount of any relevant childcare charges as mentioned and calculated on a weekly basis in regulation 51A, subject to a maximum in respect of the claimant’s family of whichever of the amounts specified in paragraph (1AA) applies in the claimant’s case;
.
3
After paragraph (1) the following paragraph shall be inserted–
1AA
The maximum amount to which paragraph (1)(aa) refers shall be–
a
where the claimant’s family includes only one child in respect of whom relevant childcare charges are paid, £100.00 per week;
b
where the claimant’s family includes more than one child in respect of whom relevant childcare charges are paid, £150.00 per week.
4
In paragraphs (2) and (4) to (7) for references to “allowance” (not appearing in references to “disability working allowance”) there shall be substituted references to “credit”.
19
1
Regulation 51A (as renumbered in accordance with regulation 17 of these Regulations) is amended as follows.
2
For the words “child care” wherever they occur they shall be substituted the word “childcare”.
3
In paragraph (2)–
a
before the definition of “local authority” there shall be inserted–
“disabled child” means a child to whom paragraph (1A) of regulation 51 applies;
;
b
in the definition of “relevant childcare charges” for the references to “twelfth birthday” there shall be substituted references to “fifteenth birthday or, if the child is a disabled child, sixteenth birthday,”.
20
In regulation 52(1) –
a
in sub-paragraph (a) for “£60.50” there shall be substituted “£70.00”;
b
in sub-paragraph (b) for “£80.65” there shall be substituted “£90.00”.
21
In regulation 53 for “70” there shall be substituted “55”.
22
Regulation 56A shall be omitted.
23
In paragraph 22 of Schedule 1 for “56” there shall be substituted “182”.
24
In Schedule 3–
a
in paragraph 13(1) “£15 of” shall be omitted;
b
after paragraph 58 the following paragraph shall be added–
59
Any New Deal 50 Plus Employment Credit payable pursuant to arrangements made under section 2(1) of the Employment and Training Act 1973.
25
In Schedule 5 –
a
after the words “DISABLED PERSON'S TAX CREDIT” there shall be inserted the words “(EXCLUDING CHILDCARE TAX CREDIT)”;
b
for the figure of “£51.80” specified in Column (2) against paragraph 1 (single claimant) there shall be substituted the figure of “£54.30”;
c
for the figure of “£81.05” specified in Column (2) against paragraph 2 there shall be substituted the figure of “£83.55”;
d
for the figure of “£15.15” specified in Column (2) against paragraph 3(a) there shall be substituted the figure “£19.85”.
Amendments consequential on the renaming of family credit as “working families' tax credit” and of disability working allowance as “disabled person’s tax credit”
26
1
In the provisions mentioned in Schedule 1 for the references to “family credit” wherever they occur there shall be substituted references to “working families' tax credit”.
2
In the provisions mentioned in Schedule 2 for references to “disability working allowance” wherever they occur there shall be substituted references to “disabled person’s tax credit”.
3
In the provisions mentioned in paragraph (4) for references to “the Secretary of State” there shall be substituted references to “the Board”.
4
The provisions to which paragraph (3) refers are–
a
regulation 14(6) of the Family Credit Regulations; and
b
regulation 16(8) of the Disability Working Allowance Regulations.
5
In the provisions mentioned in paragraph (6) for references to “adjudication officer” there shall be substituted references to “appropriate officer”.
6
The provisions to which paragraph (5) refers are–
a
regulations 14(2)(a)(ii) and (aa)(ii), 14(2A), 19(3), 22(7) and 26(2B) and (4) of the Family Credit Regulations;
b
regulations 4(b), 21(3), 25(9), and 29(2B) and (4) of, and paragraph 24 of Schedule 1 to, the Disability Working Allowance Regulations.
Amendments consequential on provisions for decisions and appeal relating to social security benefits contained in the Social Security Act 1998
27
1
In the provisions mentioned in paragraph (2) for the words from “reviewed” to the end there shall be substituted the word “superseded”.
2
The provisions to which paragraph (1) refers are–
a
regulation 51(1) and (2) of the Family Credit Regulations;
b
regulation 56(1) and (2) of the Disability Working Allowance Regulations.
3
In regulation 49A(1) of the Family Credit Regulations for the word “reviewed” there shall be substituted the word “superseded”.
Jim Dowd
Bob Ainsworth
Two of the Lords Commissioners of Her Majesty’s Treasury
7th September 1999


text:
Citation and commencement
1
This Order may be cited as the East Manchester Education Action Zone Order 1999 and shall come into force on 1st December 1999.
Interpretation
2
In this Order —
“partners” means those persons listed in Schedule 1 to this Order; and
“zone school” means a school listed in Schedule 2 to this Order.
Constitution of education action zone
3
The schools listed in Schedule 2 to this Order shall constitute collectively an education action zone under the name of the East Manchester Education Action Zone (“the zone”) for the purposes of Chapter III of Part I of the School Standards and Framework Act 1998.
Education Action Forum
4
There shall be an Education Action Forum for the zone to be known as the East Manchester Education Action Forum (“the Forum”), the membership of which shall include —
a
one person appointed by the governing body of each zone school, unless any such governing body choose not to make such an appointment;
b
either one or two persons appointed by the Secretary of State; and
c
one person appointed by each partner, unless any partner chooses not to make such an appointment.
5
The Forum may at any time appoint additional members as follows —
a
one person representing providers of training and development support to young persons in the area served by the zone schools;
b
one person representing the interests of business in the area served by the zone schools;
c
one person from teaching unions representing employees working in zone schools;
d
one person from non-teaching unions representing employees working in zone schools; and
e
up to three parents of registered pupils attending zone schools.
Disqualification for membership of the Forum
6
Articles 7 to 9 shall have effect for the purpose of prescribing the circumstances and cases in which a person is to be disqualified for holding, or continuing to hold, office as a member of the Forum.
Disqualification for membership of the Forum — bankruptcy etc
7
1
Subject to the provisions of this article, a person shall be disqualified for holding, or for continuing to hold, office as a member of the Forum if he has been adjudged bankrupt or has made a composition or arrangement with his creditors; and a member, on becoming so disqualified, shall give written notice of the fact to the secretary to the Forum.
2
Where a person is disqualified by reason of his having been adjudged bankrupt, that disqualification shall cease —
a
unless the bankruptcy order made against that person is previously annulled, on his discharge from bankruptcy; and
b
if the bankruptcy order is so annulled, on the date of the annulment.
3
Where a person is disqualified by reason of his having made a composition or arrangement with his creditors and he pays his debts in full, the disqualification shall cease on the date on which the payment is completed and in any other case it shall cease on the expiration of three years from the date on which the terms of the deed of composition or arrangement are fulfilled.
Disqualification for membership of the Forum — criminal convictions
8
1
Subject to paragraph (2) a person shall be disqualified for holding, or for continuing to hold, office as a member of the Forum if —
a
within five years before his appointment would otherwise have taken effect or since his appointment, he has been convicted, whether in the United Kingdom or elsewhere, of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine;
b
within twenty years before his appointment would otherwise have taken effect, he has been convicted as aforesaid and has had passed on him a sentence of imprisonment for a period of more than two and a half years; or
c
he has at any time been convicted as aforesaid and has had passed on him a sentence of imprisonment of not less than five years.
2
For the purposes of this article there shall be disregarded any conviction by or before a court outside the United Kingdom of an offence in respect of conduct which, if it had taken place in any part of the United Kingdom, would not have constituted an offence under the law in force in that part of the United Kingdom.
Disqualification — absence from meetings
9
Any member of the Forum who, without the consent of the Forum, has failed to attend the meetings thereof for a continuous period of six months beginning with the date of a meeting shall, on the expiry of that period, be disqualified for continuing to be a member of the Forum without prejudice however, to his re-appointment.
Chairman’s tenure of office
10
The chairman of the Forum elected in accordance with paragraph 2 of Schedule 1 to the School Standards and Framework Act 1998, shall hold office for one year from the date of his election (unless he resigns his office earlier), without prejudice to his eligibility to be re-elected for a further such period.
Estelle Morris
Minister of State,
Department for Education and Employment
4th November 1999


text:
This Order may be cited as The Professions Supplementary to Medicine (Registration Rules) (Amendment) Order of Council 1999.
A.K. Galloway
Clerk of the Privy Council