text:
Citation and commencement
1
This Order may be cited as the Epicentre LEAP Ellesmere Port Cheshire Education Action Zone Order 1999 and shall come into force on 10th January 2000.
Interpretation
2
In this Order —
“partners” means those persons listed in Schedule 1 to this Order; and
“zone school” means a school listed in Schedule 2 to this Order.
Constitution of education action zone
3
The schools listed in Schedule 2 to this Order shall constitute collectively an education action zone under the name of the Epicentre LEAP 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 Epicentre LEAP 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
up to six persons 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
up to six persons representing the interests of business in Cheshire;
b
up to six parents of registered pupils attending zone schools; and
c
up to six persons representing the interests of the education sector generally in the area served by the 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
15th December 1999


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Transfer of Functions (Medicines and Poisons) Order 1999.
2
This Order shall come into force on 27th December 1999.
3
In this Order–
“the transferor” means, in relation to anything transferred by this Order, the Minister from whom it is transferred;
“the transferee” means, in relation to anything transferred by this Order, the Minister to whom it is transferred,
and any reference to a function of a Minister shall, in the case of a function which is exercisable by him jointly with another person, be construed as a reference to his share in that function.
Transfer of functions
2
1
The functions of the Secretaries of State respectively concerned with health in Scotland and in Wales under the Medicines Act 1968 and the Medicines Act 1971 are hereby transferred to the Secretary of State concerned with health in England.
2
The functions under the Medicines Act 1968 and the Medicines Act 1971–
a
of the Secretary of State concerned with agriculture in Scotland, and
b
of the Secretary of State or the Secretary of State for Wales which are exercisable by him by virtue of the Transfer of Functions (Wales) ( No. 1) Order 1978 ,
are hereby transferred to the Minister of Agriculture, Fisheries and Food.
3
The functions of the Secretary of State for Scotland and the Secretary of State for Wales under the Marketing Authorisations for Veterinary Medicinal Products Regulations 1994 and the Registration of Homoeopathic Veterinary Medicinal Products Regulations 1997 are hereby transferred to the Minister of Agriculture, Fisheries and Food.
4
The function of the Secretary of State for Scotland specified in paragraph 3 of Schedule 1 to the Poisons Act 1972 is hereby transferred to the Secretary of State for the Home Department.
Supplemental and consequential
3
All property, rights and liabilities to which the transferor is entitled or subject at the coming into force of this Order in connection with any function transferred by this Order are hereby transferred to the transferee.
4
1
Any reference in this Order to a function of a Minister under an enactment includes a reference to the functions of that Minister under any scheme, regulations, Order in Council, order or similar instrument having effect under or in relation to that enactment.
2
This Order shall not affect the validity of anything done (or having effect as if done) by or in relation to the transferor before the coming into force of this Order.
3
Anything (including legal proceedings) which, at the coming into force of this Order, is in the process of being done by or in relationto the transferor may, so far as it relates to anything transferred by this Order, be continued by or in relation to the transferee.
4
Anything done (or having effect as if done) by or in relation to the transferor for the purposes of or in connection with anything transferred by this Order shall, if in force at the coming into force of this Order, have effect as if done by or in relation to the transferee in so far as that is required for continuing its effect after the coming into force of this Order.
5
Subject to paragraph (6), any enactment or instrument passed or made before the coming into force of this Order shall have effect, so far as may be necessary for the purposes of or in consequence of any transfer effected by this Order, as if any references (including references which are to be construed as such references) to the transferor or his department or officers were references to the transferee or his department or officers, as the context may require.
6
Any enactment or instrument passed or made before the coming into force of this Order shall have effect, so far as may be necessary for the purposes of or in consequence of any transfer effected by this Order of, or in connection with, a share of any function which is exercisable jointly with the transferee (with or without others), as if any references (including references which are to be construed as such references) to the transferor and the transferee or to their departments or officers were references to the transferee or to his department or officers, as the context may require.
7
In this article “instrument”, without prejudice to the generality of that expression, includes in particular Orders in Council, judgements, decrees, orders, rules, regulations, schemes, contracts and other agreements, memoranda and articles of association, warrants, certificates and other documents.
5
The enactments specified in the Schedule to this Order shall have effect with the amendments there specified.
A.K. Galloway
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Amendment Order 1999 and shall come into force on 12th April 1999.
2
In this Order, “the principal Order ” means the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983.
Amendment of article 18 of the principal Order
2
In article 18 of the principal Order (unemployability allowances) in paragraph (2) for the amount “£2,496” there shall be substituted the amount “£3,016”.
Substitution of article 26 of the principal Order
3
For article 26 (medical expenses) there shall be substituted the following article–
26
Any necessary expenses in respect of the medical, surgical or rehabilitative treatment of a member of the armed forces and of appropriate aids and adaptations for disabled living may, in so far as the expenses wholly or mainly arise as a result of the disablement due to service and in so far as the treatment, aids or adaptations are not provided for, otherwise than on payment of a charge by the member, under legislation of the United Kingdom (other than any enactment under or by virtue of which this Order is made), be defrayed by the Secretary of State under such conditions and up to such amounts as he may determine.
.
Amendment of article 29 of the principal Order
4
In article 29 of the principal Order (pensions to widows) in paragraph (1A) for the amount “£54.70” there shall be substituted the amount “£56.45”.
Amendment of Schedules to the principal Order
5
1
In Schedule 1 to the principal Order (rates of retired pay, pensions, gratuities and allowances in respect of disablement)–
a
for the Table in Part II there shall be substituted the Table set out in Schedule 1 to this Order;
b
for Tables 1 and 2 of Part III there shall respectively be substituted the Tables set out in Schedules 2 and 3 to this Order; and
c
for Part IV there shall be substituted the Part set out in Schedule 4 to this Order.
2
In Schedule 2 (rates of pensions and allowances in respect of death)–
a
for Tables 1, 2, 3, 4 and 5 of Part II there shall be substituted the Tables set out in Schedule 5 to this Order; and
b
for Part III there shall be substituted the Part set out in Schedule 6 to this Order.
A.K. Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Local Government (Discretionary Payments) (Amendment) Regulations 1999 and shall come into force on 1st April 1999.
Amendment of Regulations
2
The Local Government (Discretionary Payments) Regulations 1996 shall be amended in accordance with the following provisions of these Regulations.
General interpretation
3
In regulation 2(1), in the definition of “ LGPS employer” for “means a LGPS employer” substitute “means a Scheme employer” and for “employing body” substitute “admission body”.
Power to award credited period for compensation purposes
4
In regulation 8(1), for the words from “in respect of the cessation of which” to the end of the paragraph substitute the following–
in respect of the cessation of which either–
an additional period of membership may be counted under regulation 52 of the LGPS Regulations; or
a determination to pay compensation is made under regulation 32(3).
.
Compensation for redundancy
5
In regulation 32–
a
in paragraph (1), for sub-paragraphs (b) and (c) substitute the following–
b
in respect of that loss of employment is not disentitled to a redundancy payment under Part XI of the Employment Rights Act 1996 by virtue of section 197(3) of that Act (agreements to exclude rights to redundancy payments on expiry of short fixed term contracts) and either–
i
is not eligible to benefit under Part III; or
ii
is eligible but has not been granted a credited period under regulation 8 by his LGPS employer;
c
has attained the age of 18 on the material date and, unless he has attained the age of 50 on that date, is entitled to count a qualifying employment of at least 2 years;
;
b
in paragraph (1), after sub-paragraph (d), add–
;
e
on the material date has a total period of membership of 40 years or less; and
f
has not attained the age of 65 on that date.
;
c
in paragraph (3), at the end, after sub-paragraph (d), add–
;
but no person may be paid compensation under this regulation in respect of the cessation of an employment in respect of which an additional period of membership may be counted under regulation 52 of the LGPS Regulations
; and
d
after paragraph (3), add as a new paragraph–
3A
In any case, the maximum amount shall not exceed one week’s pay for each week (fractions of a week being disregarded) between the material date and the employee’s normal retirement date (or the date which would be his normal retirement date if he were a member of the Scheme).
.
Policy statement
6
After regulation 46, add the following as a new regulation–
Information and records
46A
1
Each employing authority must formulate and keep under review the policy they intend to apply in the exercise of their functions under Parts II, III and IV.
2
Before the end of three months beginning with 1st April 1999 each employing authority shall publish a written statement of the policy which is being applied by that employer in the exercise of such functions on or after that date.
3
Where, as a result of a review under paragraph (1), an employing authority determine to amend their policy, they must publish a written statement of the amended policy before the expiry of one month beginning with the date on which they so determine.
4
No change in policy shall come into effect until the expiry of one month from the date that the written statement of the amended policy is published.
5
In formulating their policy under paragraph (1), an employing authority shall–
a
have regard to the extent to which the exercise of the functions, unless properly limited, could lead to a serious loss of confidence in the public service; and
b
be satisfied that the policy is workable, affordable and reasonable having regard to the foreseeable costs.
.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
2nd March 1999


text:
1
This Order may be cited as the Carriage by Air (Parties to Convention) Order 1999.
2
It is hereby certified that the High Contracting Parties to the Warsaw Convention, 1929, to the Warsaw Convention as amended at The Hague, 1955, and to the Warsaw Convention as amended by Additional Protocol No. 1 of Montreal, 1975, and the territories in respect of which they are respectively parties are as specified in Schedule 1 to this Order.
3
In the said Schedule 1 an asterisk means that this Order does not certify that a State is a party, in respect of that territory, to the Convention named at the head of the column.
4
It is hereby certified that the High Contracting Parties specified in Schedule 2 to this Order have availed themselves of the provisions of the Additional Protocol to the Convention to which they are hereby certified as Parties, by declaring that the first paragraph of article 2 of the Convention shall not apply to international carriage by air performed directly by the State or any territory or possession under its jurisdiction.
5
The Carriage by Air (Parties to Convention) Order 1988 is hereby revoked.
A.K. Galloway
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Local Health Partnerships National Health Service Trust (Establishment) Order 1999 and shall come into force on 1st April 1999.
2
In this Order, unless the context otherwise requires–
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of or Schedule 1 to the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Local Health Partnerships National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called Local Health Partnerships National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions shall be:–
a
to own and manage pursuant to section 5(1)(a) of the Act:–
i
Allington House, 427 Woodbridge Road, Ipswich IP4 4ER,
ii
Sampson House, Foxhall Road, Ipswich, Suffolk IP3 8BL,
iii
Child Health Centre, Hospital Road, Bury St. Edmunds, Suffolk IP33 3ND,
and associated hospitals, establishments and facilities, and there and from there to provide and manage community health services; and
b
to provide and manage pursuant to section 5(1)(b) of the Act:–
i
EMI Day Centre, 12 Acre Approach, Rupert Fison Centre Ltd, Kesgrave, Suffolk IP1 1JF,
ii
EMI Day Centre, Saxon Road, Saxmundham, Suffolk IP17,
iii
St. Clement’s Hospital, Foxhall Road, Ipswich, Suffolk IP3 8LS, and
iv
Wedgwood Unit, Hardwick Lane, Bury St. Edmunds, Suffolk IP33 2QZ,
and there and from there to provide and manage community health services.
Directors of the trust
4
The trust shall have, in addition to the chairman, 6 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1999.
2
The accounting date of the trust shall be 31st March.
Restriction on disposal of assets
6
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
15th March 1999


text:
1
This Order may be cited as the Geneva Conventions Act (Isle of Man) Order 1999, and shall come into force on 22nd July 1999.
2
The Geneva Conventions (Amendment) Act 1995 shall extend to the Isle of Man subject to the exceptions and modifications specified in the Schedule to this Order.
A. K. Galloway
Clerk of the Privy Council


text:
1
This Order may be cited as the Rail Vehicle Accessibility (Midland Metro T69 Vehicles) (Exemption No. 2) Order 1999 and shall come into force on 31st May 1999.
2
This Order applies to the rail vehicles numbered 1 to 16 of the class known as “Light Rail Vehicle Type T69” ('the exempted vehicles') as manufactured by Ansaldo Transport S.p.A. for use on Line 1 of the Midland Metro System.
3
Subject to article 4 below, the exempted vehicles are hereby authorised to be used for carriage even though they are not used in accordance with requirements imposed by regulation 13(4) of the Rail Vehicle Accessibility Regulations 1998 , to the extent that the public address systems for audible and visual announcements inside the passenger saloon of an exempted vehicle are not used to announce the next stop while the vehicle is stationary at a station or a tram stop.
4
The exemption shall cease on 30th April 2001.
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
26th April 1999


text:
Citation and commencement
1
This Order may be cited as the Central Middlesex Hospital and the Northwick Park and St. Mark’s National Health Service Trusts (Dissolution) Order 1999 and shall come into force on 1st April 1999.
Dissolution of NHS trusts
2
1
The Central Middlesex Hospital National Health Service Trust established by the Central Middlesex Hospital National Health Service Trust (Establishment) Order 1990 shall be dissolved on 1st April 1999, and accordingly that Order revoked on that date.
2
The Northwick Park and St. Mark’s National Health Service Trust established by the Northwick Park Hospital National Health Service Trust (Establishment) Order 1992 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
19th March 1999


text:
Citation and commencement
1
These Regulations may be cited as the National Health Service (Indicative Amounts) (Amendment) Regulations 1999 and shall come into force on 1st July 1999.
Amendment of the National Health Service (Indicative Amounts) Regulations 1997
2
1
The National Health Service (Indicative Amounts) Regulations 1997 shall be amended in accordance with this regulation.
2
In paragraph 2 of regulation 1–
a
the definition of “Welsh Health Common Services Authority” is omitted;
b
after the definition of “the 1990 Act ” there is inserted ““Bro Taf Health Authority” means the health authority of that name established by the Health Authorities (Wales) Establishment Order 1996 .”.
3
In paragraph 3 of regulation 2 for “Welsh Health Common Services Authority” there is substituted “Bro Taf Health Authority”.
Signed by authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under Secretary of State, Welsh Office
9th June 1999


text:
1
These Regulations may be cited as the Education (Grants for Education Support and Training) (England) Regulations 1998 (Amendment No. 2) Regulations 1999 and shall come into force on 19th March 1999.
2
The Education (Grants for Education Support and Training) (England) Regulations 1998 shall be amended as follows.
3
In regulation 2(1) in subparagraph (a) of the definition of “prescribed expenditure” for “20–24” there shall be substituted “20–36”.
4
In the Schedule for paragraph 35 there shall be substituted the following paragraph–
35
Support for additional literacy and numeracy classes for pupils in maintained schools who will be completing key stage 2 in the summer of 1999.
Estelle Morris
Minister of State,
Department for Education and Employment
25th February 1999


text:
Citation and commencement
1
1
These Regulations may be cited as the Motor Vehicles (EC Type Approval) (Amendment) Regulations 1999 and shall come into force on 14th April 1999.
2
The Motor Vehicles (EC Type Approval) Regulations 1998 shall be amended in accordance with the following provisions of these Regulations.
Amendments to regulation 15 (duty to give reasons etc )
2
In regulation 15(2)–
a
for subparagraph (b), there shall be substituted–
b
regulation 9(2), (3) or (9),
;
b
in subparagraph (d), for the words “regulation 11(10) or (11)” there shall be substituted “regulation 11(11) or (12)”.
Amendments to Schedule 1
3
1
Schedule 1 shall be amended as follows.
2
In the Table, in item 2 after the last entry in the third column there shall be inserted–
98/69/EC† L350, 28.12.98, p.1 98/77/EC* L286, 23.10.98, p.34
.
3
In the Table, in item 6 after the entry there shall be inserted in the third and fourth columns–
98/90/EC* L337, 12.12.98, p.29
.
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
10th March 1999


text:
Commencement and citation
1
This order may be cited as the A1 Trunk Road (Islington) Red Route Traffic Order 1993 Variation (No. 3) Order 1999 and shall come into force on 18th October 1999.
Variations
2
The A1 Trunk Road (Islington) Red Route Traffic Order 1993 is varied as provided by the following provisions of this Order.
3
In Article 4 —
a
for paragraph (4) substitute the following paragraph —
4
In this article “restricted hours” means the period from 0700 hours to 1900 hours on Mondays to Saturdays inclusive.
b
for the table in paragraph (5) substitute the following Table —
Table
(1) (2) (3) Item Prescribed hours Provision
1 0700 hours to 1900 hours on Mondays to Saturdays inclusive
Schedule 2, Parts I and III
Schedule 3, Parts I and II
2 0700 hours to 1600 hours on Mondays to Saturdays inclusive Schedule 2, Part V 3 0700 hours to 1300 hours on Mondays to Saturdays inclusive Schedule 3, Parts III and IV 4 1000 hours to 1600 hours on Mondays to Saturdays inclusive
Schedule 2, Parts II and IV
Schedule 3, Parts V and VI
5 1300 hours to 1900 hours on Mondays to Saturdays inclusive Schedule 3, Parts VII and VIII
4
In Schedule 1 Part I for “8 am to 7 pm MONDAYS TO FRIDAYS INCLUSIVE” substitute “7 am to 7 pm MONDAYS TO SATURDAYS INCLUSIVE”
5
In Schedule 1 after item 7. delete — “PART II LENGTHS OF ROAD WHERE WAITING (IF NOT PROHIBITED BY ARTICLE 5) IS RESTRICTED BETWEEN 8 am to 7 pm MONDAYS TO SATURDAYS INCLUSIVE”
6
In Schedule 2 Part I for “8 am to 7 pm MONDAYS TO FRIDAYS INCLUSIVE (ALL VEHICLES)” substitute “7 am to 7 pm MONDAYS TO SATURDAYS INCLUSIVE (ALL VEHICLES)”
7
In Schedule 2 Part II for “10 am to 4 pm MONDAYS TO FRIDAYS INCLUSIVE (ALL VEHICLES)” substitute “10 am to 4 pm MONDAYS TO SATURDAYS INCLUSIVE (ALL VEHICLES)”
8
In Schedule 2 Part III for “8 am to 7 pm MONDAYS TO FRIDAYS INCLUSIVE (ALL VEHICLES)” substitute “7 am to 7 pm MONDAYS TO SATURDAYS INCLUSIVE (ALL VEHICLES)”
9
In Schedule 2 Part IV for “10 am to 4 pm MONDAYS TO FRIDAYS INCLUSIVE (DISABLED PERSONS VEHICLES)” substitute “10 am to 4 pm MONDAYS TO SATURDAYS INCLUSIVE (DISABLED PERSONS VEHICLES)”
10
In Schedule 2 Part V for “8 am to 4 pm MONDAYS TO SATURDAYS INCLUSIVE (DISABLED PERSONS VEHICLES)” substitute “7 am to 4 pm MONDAYS TO SATURDAYS INCLUSIVE (DISABLED PERSONS VEHICLES)”
11
In Schedule 2 Part VI for “8 am to 1 pm MONDAYS TO SATURDAYS INCLUSIVE (DISABLED PERSONS VEHICLES)” substitute “7 am to 1 pm MONDAYS TO SATURDAYS INCLUSIVE (DISABLED PERSONS VEHICLES)”
12
In Schedule 2 Part VII for “8 am to 1 pm MONDAYS TO SATURDAYS INCLUSIVE (ALL VEHICLES)” substitute “7 am to 1 pm MONDAYS TO SATURDAYS INCLUSIVE (ALL VEHICLES)”
13
In Schedule 3 Part I for “8 am to 7 pm MONDAYS TO FRIDAYS INCLUSIVE” substitute “7 am to 7 pm MONDAYS TO SATURDAYS INCLUSIVE”
14
In Schedule 3 Part II for “8 am to 7 pm MONDAYS TO SATURDAYS INCLUSIVE” substitute “7 am to 7 pm MONDAYS TO SATURDAYS INCLUSIVE”
15
In Schedule 3 Part III for “8 am to 1 pm MONDAYS TO FRIDAYS INCLUSIVE” substitute “7 am to 1 pm MONDAYS TO SATURDAYS INCLUSIVE”
16
In Schedule 3 Part IV for “8 am to 1 pm MONDAYS TO SATURDAYS INCLUSIVE” substitute “7 am to 1 pm MONDAYS TO SATURDAYS INCLUSIVE”
17
In Schedule 3 Part V for “10 am to 4 pm MONDAYS TO FRIDAYS INCLUSIVE” substitute “10 am to 4 pm MONDAYS TO SATURDAYS INCLUSIVE”
18
In Schedule 3 Part VII for “1 pm to 7 pm MONDAYS TO FRIDAYS INCLUSIVE” substitute “1 pm to 7 pm MONDAYS TO SATURDAYS INCLUSIVE”
Signed in accordance with a direction from the Secretary of State
Derek Turner
Traffic Director for London
6th October 1999


text:
1
1
This Order may be cited as the Criminal Justice Act 1988 (Designated Countries and Territories) (Amendment) Order 1999 and shall come into force on 16th March 1999.
2
This Order extends to England and Wales only.
3
In this Order “the principal Order ” means the Criminal Justice Act 1988 (Designated Countries and Territories) Order 1991 .
2
There shall be inserted in Schedule 1 to the principal Order, at the appropriate places in alphabetical order, the entries for those countries specified in the Schedule to this Order.
3
In the Appendix set out at the end of paragraph 21(i) of Schedule 2 to the principal Order (institution of proceedings) there shall be inserted after the entry for Thailand the following entry–
Trinidad and Tobago
a
when an information or complaint is laid before the magistrate;
b
when a person is charged with an offence;
c
when a bill of indictment is preferred;
d
when a warrant of arrest is executed against a person.
.
4
A like amendment to that in article 3 above shall be made to the Appendix to section 102 of the Criminal Justice Act 1988 as set out in Schedule 3 to the principal Order.
A.K. Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Relocation Grants (Form of Application) (Welsh Form of Application) Regulations 1999 and shall come into force on 5th August 1999.
Interpretation
2
In these Regulations “the principal Regulations ” means the Relocation Grants (Form of Application) Regulations 1997 .
Prescribed form
3
The form set out in the Schedule to these Regulations is hereby the prescribed version in Welsh which may be used instead of the corresponding form in the Schedule to the principal Regulations for the purpose set out in regulation 2 of the principal Regulations.
Application
4
These Regulations shall not have effect in relation to applications for a relocation grant made before 5th August 1999.
Signed by authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under Secretary of State Welsh Office
25th June 1999


text:
Citation and commencement
1
These Regulations may be cited as the European Specialist Medical Qualifications Amendment (No. 2) Regulations 1999 and shall come into force on 17th December 1999.
Amendment of the European Specialist Medical Qualifications Order 1995
2
1
The European Specialist Medical Qualifications Order 1995 shall be amended in accordance with the following provisions of this regulation.
2
In article 2(1)(b) (interpretation) , at the end, insert “, and by Commission Directive 99/46/ EC of 21st May 1999 ”.
3
In Schedule 2 (which lists medical specialties in which qualifications are awarded in the United Kingdom), in Part I —
a
for “Clinical radiology” substitute “Clinical radiology*”; and
b
for “Clinical oncology” substitute “Clinical oncology*”.
Alan Milburn
One of Her Majesty’s Principal Secretaries of State
Department of Health
22nd November 1999


text:
Citation and commencement
1
This Order may be cited as the South Birmingham Mental Health National Health Service Trust (Establishment) Amendment Order 1999 and shall come into force on 26th April 1999.
Amendment of NHS trust Establishment Order
a
For article 3 of the South Birmingham Mental Health National Health Service Trust (Establishment) Order 1994 there shall be substituted the following:–
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions shall be:–
a
to own and manage pursuant to section 5(1)(a) of the Act, the Psychiatric Hospital, Queen Elizabeth Medical Centre, Mendelsohn Way, Off Vincent Drive, Edgbaston, Birmingham B15 2QZ and associated hospitals (including its teaching and research facilities), and there to provide and manage hospital accommodation and services; and
b
to own and manage pursuant to section (5)(1)(a) of the Act, premises at Vincent Drive, Edgbaston, Birmingham B15 2TZ, and there and from there to provide and manage community health services; and
c
to provide and manage pursuant to section (5)(1)(b) of the Act, a mental health resource centre at the Holec Building, Dogpool Lane, Stirchley, Birmingham, and there to provide community health services.
.
Signed by authority of the Secretary of State for Health,
John Denham
Minister of State,
Department of Health
14th April 1999


text:
1
This Order shall come into force on 10th June 1999 and may be cited as the M32 Motorway (Junction Two, Northbound Exit Slip Road, Special Road) (Detrunking) Order 1999.
2
In this Order: —
1
All measurements of distance are measured along the route of the relevant highway;
2
i
“classified road” as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State which does not specifically refer to their classification as principal roads;
ii
“the deposited plan” means the plan number HA10/PS/218 marked “The M32 Motorway (Junction Two, Northbound Exit Slip Road, Special Road) (Detrunking) Order 199 ”, signed by authority of the Secretary of State and deposited at the Highways Agency, Room 5/46A, St. Christopher House, London SE1 0TE;
iii
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
iv
“the motorway” means the M32 motorway.
3
The length of motorway described in the Schedule to this Order and shown in solid black on the plan shall cease to be a special road and shall be classified as a classified road from the date when this Order comes into force.
Signed by authority of the Secretary of Statefor the Environment, Transport and the Regions
S. G. Rowsell
Divisional Director Highways Agency
17th May 1999


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Housing Benefit and Council Tax Benefit (General) Amendment (No.2) Regulations 1999 and shall come into force on 28th June 1999.
2
In these Regulations–
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 ;
“the Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 .
Gateway Office
2
In regulation 2 of the Housing Benefit Regulations (interpretation) in paragraph (1) in the appropriate place there shall be inserted the following definition–
“gateway office” means an appropriate DSS office or an office designated by the appropriate authority which is nominated by the Secretary of State as a gateway office and referred to in a notice upon or attached to a form approved by the appropriate authority for the purpose of claiming housing benefit;
.
Amendment of regulation 72 of the Housing Benefit Regulations
3
Regulation 72 of the Housing Benefit Regulations (time and manner in which claims are to be made) shall be amended as follows–
a
in paragraph (4), at the end there shall be added the following sub-paragraph–
d
may, in the case of a claimant who has attained the age of 16 but not the age of 60 and is not engaged in remunerative work, be sent or delivered to a gateway office.
;
b
in paragraph (5) , after the words “Subject to paragraphs (11), (16) and (17)” there shall be inserted the words “and to regulation 72A”.
Insertion of new regulation 72A in the Housing Benefit Regulations
4
After regulation 72 of the Housing Benefit Regulations there shall be inserted the following regulation–
Date of claim where claim sent or delivered to a gateway office
72A
1
Subject to paragraph (11) of regulation 72, and with the exception of those claims to which paragraph (3) of this regulation refers, where a claim for housing benefit has been sent or delivered to a gateway office in accordance with sub-paragraph (d) of paragraph (4) of regulation 72, the date on which that claim is made shall be–
a
in a case where a claimant or his partner–
i
is a person who has been awarded income support or an income-based jobseeker’s allowance; and
ii
first notifies his intention to claim housing benefit within 4 weeks of the date on which his claim for that income support or jobseeker’s allowance was received at an appropriate DSS office,
the first day of entitlement to income support or an income-based jobseeker’s allowance, but if the first notification is by any means other than a claim which meets the requirements of regulation 72(1) such a claim must be received at a gateway office within one month of that notification; and for the purposes only of this sub-paragraph a person who has been awarded an income-based jobseeker’s allowance shall be treated as also entitled to that allowance for any days which immediately precede the first day in that award and on which he would, but for regulations made under paragraph 4 of Schedule 1 to the Jobseeker’s Act 1995 (waiting days) have been entitled to that allowance;
b
in a case where the claimant or his partner–
i
claimed income support or a jobseeker’s allowance; but
ii
has no entitlement to income support or an income-based jobseeker’s allowance,
the first date on which notification is deemed to be given in accordance with paragraph (2), but if that notification is by any means other than a claim which meets the requirements of regulation 72(1) such a claim must be received at a gateway office within one month of that notification;
c
in a case where a claimant or his partner–
i
is a person on income support or entitled to an income-based jobseeker’s allowance;
ii
has become liable for the first time to make payments in respect of the dwelling which he occupies as his home; and
iii
first notifies his intention to make a claim for housing benefit within 4 weeks of the commencement of the rental liability,
the date on which the liability to make those payments arises, but if the first notification is by any means other than a claim which meets the requirements of regulation 72(1) such a claim must be received at the gateway office within one month of that notification;
d
in a case where neither the claimant nor his partner is a person on income support or entitled to an income-based jobseeker’s allowance, the first date on which notification is deemed to be made in accordance with paragraph (2), but if that notification is by any means other than a claim which meets the requirements of regulation 72(1) such a claim must be received at the gateway office within one month of that notification; or
e
in any other case, the date on which the claim for housing benefit is received at the gateway office.
2
A notification of intention to make a claim is deemed to be given on the date on which notification from the claimant of his intention to claim housing benefit in whatever form is received at a gateway office.
3
This regulation does not apply to claims which are made in accordance with the provisions contained in paragraphs (12), (13) or (14) of regulation 72.
.
Amendment of regulation 75 of the Housing Benefit Regulations
5
In regulation 75 of the Housing Benefit Regulations (duty to notify changes of circumstances) after paragraph (1) there shall be inserted the following paragraph–
1A
In the case of a claimant who sent or delivered his claim to a gateway office in accordance with regulation 72A, a change of circumstances may be reported in writing to that office, or to any other gateway office of which he was notified on or with his claim form.
.
Gateway Office
6
In regulation 2 of the Council Tax Benefit Regulations (interpretation) in the appropriate place there shall be inserted the following definition–
“gateway office” means an appropriate social security office or an office designated by the appropriate authority which is nominated by the Secretary of State as a gateway office and referred to in a notice upon or attached to a form approved by the appropriate authority for the purpose of claiming council tax benefit.
.
Amendment of regulation 62 of the Council Tax Benefit Regulations
7
Regulation 62 of the Council Tax Benefit Regulations (time and manner in which claims are to be made) shall be amended as follows–
a
in paragraph (4) at the end there shall be added the following sub-paragraph–
d
may, in the case of a claimant who has attained the age of 16 but not the age of 60 and is not engaged in remunerative work, be sent or delivered to a gateway office.
;
b
in paragraph (5) after the words “Subject to paragraph (12)” there shall be inserted the words “and regulation 62A”.
Insertion of new regulation 62A in the Council Tax Benefit Regulations
8
After regulation 62 of the Council Tax Benefit Regulations there shall be inserted the following regulation–
Date of claim where claim sent or delivered to a gateway office
62A
1
Subject to paragraphs (10), (11) and (12) of regulation 62, and with the exception of those claims to which paragraph (3) of this regulation refers, where a claim for council tax benefit has been sent or delivered to a gateway office in accordance with sub-paragraph (d) of paragraph (4) of regulation 62, the date on which that claim is made shall be–
a
in a case where a claimant or his partner–
i
is a person who has been awarded income support or an income-based jobseeker’s allowance; and
ii
first notifies his intention to claim council tax benefit within 4 weeks of the date on which his claim for that income support or jobseeker’s allowance was received at an appropriate social security office,
the first day of entitlement to income support or an income-based jobseeker’s allowance, but if the first notification is by any means other than a claim which meets the requirements of regulation 62(1) such a claim must be received at a gateway office within one month of that notification; and for the purposes only of this sub-paragraph a person who has been awarded an income-based jobseeker’s allowance shall be treated as also entitled to that allowance for any days which immediately precede the first day in that award and on which he would, but for regulations made under paragraph 4 of Schedule 1 to the Jobseekers Act 1995 (waiting days) have been entitled to that allowance;
b
in a case where the claimant or his partner–
i
claimed income support or a jobseeker’s allowance; but
ii
has no entitlement to income support or an income-based jobseeker’s allowance,
the first date on which notification is deemed to be given in accordance with paragraph (2), but if that notification is by any means other than a claim which meets the requirements of regulation 62(1) such a claim must be received at the gateway office within one month of that notification;
c
in a case where a claimant or his partner–
i
is a person on income support or entitled to an income-based jobseeker’s allowance;
ii
has become liable for the first time to pay council tax in respect of the dwelling he occupies as his home; and
iii
first notifies his intention to make a claim for council tax benefit within 4 weeks of the change,
the date on which that change takes place, but if the first notification is by any means other than a claim which meets the requirements of regulation 62(1) such a claim must be received at the gateway office within one month of that notification;
d
in a case where neither the claimant nor his partner is a person on income support or entitled to an income-based jobseeker’s allowance, the first date on which notification is deemed to be given in accordance with paragraph (2), but if that notification is by any means other than a claim which meets the requirements of regulation 72(1) such a claim must be received at the gateway office within one month of that notification; or
e
in any other case, the date on which the claim for council tax benefit is received at the gateway office.
2
A notification of intention to make a claim is deemed to be given on the date on which notification from the claimant of his intention to claim council tax benefit is received in whatever form at a gateway office.
3
This regulation does not apply to claims which are made in accordance with the provisions contained in paragraphs (13), (14) and (15) of regulation 62.
.
Amendment of regulation 65 of the Council Tax Benefit Regulations
9
In regulation 65 of the Council Tax Benefit Regulations (duty to notify changes of circumstances) after paragraph (1) there shall be inserted the following paragraph–
1A
In the case of a claimant who sent or delivered his claim to a gateway office in accordance with regulation 62A, a change of circumstances may be reported in writing to that office, or to any other gateway office that was notified to him on or with his claim form.
.
Amendment of the Housing Benefit and Council Tax Benefit (General) Amendment Regulations 1999
10
In the Schedule to the Housing Benefit and Council Tax Benefit (General) Amendment Regulations 1999 in the appropriate place there shall be inserted the following entry–
Crawley
.
Signed by authority of the Secretary of State for Social Security.
Stephen C. Timms
Minister of State,
Department of Social Security
3rd June 1999


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Water Industry (Charges) (Vulnerable Groups) Regulations 1999 and shall come into force on 12th January 2000.
2
These Regulations do not apply to any water or sewerage undertaker whose area is wholly or mainly in Wales .
Special provision to be included in charges schemes
2
1
Any charges scheme under section 143 of the Water Industry Act 1991 for a period beginning on or after 1st April 2000 must include special provision for providing assistance in accordance with these Regulations in relation to any premises for any consumer who–
a
falls within any class of persons specified in paragraph (2); and
b
satisfies the conditions in paragraph (3).
2
A consumer falls within a class of persons mentioned in paragraph (1)(a) if he or another person residing with him in the premises (“the qualifying person”) is entitled to receive any of the benefits or tax credits listed in paragraph (4) and either–
a
is entitled to receive child benefit under Part IX of the Social Security Contributions and Benefits Act 1992 for three or more dependent children under the age of 16 who reside in the premises; or
b
is diagnosed as suffering from, and is receiving treatment for, any of the medical conditions listed in paragraph (5) and as a result of that condition is obliged to use a significant additional volume of water.
3
The conditions in this paragraph are that–
a
charges for water supplied to the premises are fixed by reference to volume or would be so fixed if the consumer had not been receiving assistance under these Regulations;
b
the consumer and any other qualifying person each occupies the whole or part of the premises as his only or principal home;
c
in the case of premises which are not used solely as a person’s home, the other use is not the principal use of the premises;
d
water supplied to the premises is not used for–
i
watering a garden, other than by hand, by means of any apparatus; or
ii
automatically replenishing a pond, or a swimming pool, with a capacity greater than 10,000 litres; and
e
the consumer has applied for assistance and established his entitlement to it in accordance with regulation 4.
4
The benefits and tax credits mentioned in paragraph (2) are–
a
under Part VII of the Social Security Contributions and Benefits Act 1992 –
i
council tax benefit;
ii
housing benefit;
iii
income support;
iv
disabled person’s tax credit ;
v
working families tax credit ; and
b
income-based job-seeker’s allowance under section 1(4) of the Jobseekers Act 1995 .
5
The medical conditions mentioned in paragraph (2)(b) are–
a
desquamation;
b
weeping skin disease;
c
incontinence;
d
abdominal stoma; and
e
renal failure requiring dialysis at home.
Assistance to be provided
3
1
A water or sewerage undertaker’s charges scheme must ensure that the charges of any consumer who has established his entitlement to assistance in accordance with regulation 4 in relation to any premises–
a
are initially based, during the period of his entitlement to assistance, on the undertaker’s average charges for household consumers for water supplies or sewerage services; and
b
are, if necessary, adjusted at the end of that period, so that his total charge for such supplies or services in relation to those premises for that year does not exceed the amount he would have paid if he had not applied for assistance.
2
The method of arriving at an undertaker’s average charges included in a charges scheme by virtue of paragraph (1)(a) shall follow such principles as the Director may from time to time determine.
3
The Director shall give water and sewerage undertakers notice of any determination under paragraph (2).
4
Subject to paragraph (6), the period of a consumer’s entitlement to assistance shall begin with the starting date and shall end 12 months later unless that is part way through a billing period, in which case it shall end at the end of that billing period.
5
The starting date is 1st April 2000 or, if later, the start of the billing period in which he applies for assistance.
6
Where a person ceases to be eligible for assistance part way through the period of entitlement which would otherwise apply under paragraph (4), his period of entitlement shall end at the end of the billing period in which he ceases to be eligible for assistance.
Method of establishing entitlement to assistance
4
1
An application for assistance under these Regulations shall be made by the consumer to the relevant water undertaker, except that where the area of that water undertaker is wholly or mainly in Wales the application shall be made to the relevant sewerage undertaker.
2
When the consumer makes his application for assistance, he shall provide the undertaker with such information as the undertaker reasonably requires to establish the consumer’s entitlement to assistance.
3
The undertaker shall take reasonable steps to verify the consumer’s entitlement to assistance.
4
The undertaker may refuse the application for assistance if–
a
it is not supported by the order book, or a copy of the latest notice of entitlement, confirming the qualifying person’s entitlement to receive one of the benefits or tax credits listed in regulation 2(4); or
b
the order book, or the copy of the latest notice of entitlement, supporting the application–
i
in the case of benefits, is dated more than 12 months before the date of the application for assistance;
ii
in the case of tax credits, is dated more than 6 months before the date of the application for assistance.
5
In the case of an application for assistance made in reliance upon regulation 2(2)(a) (dependent children), the undertaker may refuse the application if it is not supported by the order book, or a copy of the latest notice on entitlement, confirming the qualifying person’s entitlement to receive child benefit under Part IX of the Social Security Contributions and Benefits Act 1992 for three or more dependent children under the age of 16 who reside in the premises in question.
6
In the case of an application for assistance made in reliance upon regulation 2(2)(b) (medical condition), the undertaker may refuse the application if it is not supported by relevant information on–
a
the medical condition;
b
its impact on increased water consumption at the premises;
c
the nature of any treatment for the condition; and
d
the name and address of the medical practitioner prescribing that treatment.
7
Where a consumer’s entitlement to assistance in relation to any premises is established in an application to the relevant water undertaker, and the water undertaker and sewerage undertaker for those premises are different, the water undertaker shall inform the sewerage undertaker providing details of–
a
the consumer’s name;
b
the address of the premises; and
c
the starting date of his entitlement to assistance;
and if during the year the water undertaker becomes aware that the consumer has ceased to be entitled to assistance, the water undertaker shall inform the sewerage undertaker of his loss of entitlement.
8
Except in a case falling within regulation 3(6), the relevant undertaker shall give adequate notice in advance to any consumer in receipt of assistance under these regulations–
a
reminding him of the need to renew his application for assistance if he wants it to continue beyond the period mentioned in regulation 3(4); and
b
telling him how to do so.
9
Where a medical practitioner verifies the medical condition of any person to whom regulation 2(2)(b) applies for the purposes of an application for assistance under this regulation, he shall be entitled to be paid a fee by the undertaker to whom the application is made equal to the amount for the time being determined, and notified to the undertaker, by the Secretary of State.
10
In this regulation–
“qualifying person” has the same meaning as in regulation 2; and
“relevant sewerage undertaker” and “relevant water undertaker” mean, in relation to premises, the undertaker to which the consumer is liable to pay charges in respect of, respectively, sewerage services and the supply of water for the premises.
Signed by authority of the Secretary of State
Michael Meacher
Minister of State,
Department of the Environment, Transport and the Regions
22nd December 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North East Ambulance Service National Health Service Trust (Establishment) Order 1999 and shall come into force on 1st April 1999.
2
In this Order, unless the context otherwise requires–
“ the Act ” means the National Health Service and Community Care Act 1990;
“the trust” means the North East Ambulance Service National Health Service Trust established by article 2 of this Order.
Establishment and name of the trust
2
There is hereby established an NHS trust which shall be called the North East Ambulance Service National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1)(a) of the Act.
2
The trust’s functions shall be–
a
to provide and manage ambulance and associated transport services; and
b
to provide and manage such other services (including communications and training) relating to the provision of care as can reasonably be carried out in conjunction with the management of ambulance and associated transport services from Ambulance Headquarters at:
i
Scotswood House, Amethyst Road, Newcastle Business Park, Newcastle upon Tyne NE4 7YL,
ii
Finchale Road, Framwellgate Moor, Co. Durham DH1 5JS,
and from other establishments or facilities.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1999.
2
The accounting date of the trust shall be 31st March.
Restriction on disposal of assets
6
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
15th March 1999


text:
Citation and commencement
1
These Regulations may be cited as the Special Commissioners (Jurisdiction and Procedure) (Amendment) Regulations 1999 and shall come into force on 1st January 2000.
Interpretation
2
In these Regulations “the principal Regulations ” means the Special Commissioners (Jurisdiction and Procedure) Regulations 1994 and any reference to a numbered regulation is a reference to the regulation bearing that number in the principal Regulations.
Amendments to the principal Regulations
3
In regulation 2, in the definition of “proceedings”, after paragraph (f) there shall be added–
g
any question in dispute falling to be determined by the Special Commissioners under section 46B or 46C of the Management Act;
h
any appeal which under regulation 19(3) of the General Commissioners (Jurisdiction and Procedure) Regulations 1994 falls to be determined by the Special Commissioners;
.
4
In regulation 18(10) after the word “regulation” there shall be inserted the words “, other than a document recording a final determination made in accordance with regulation 23(2)(b),”.
5
In regulation 22(2)(c) for “47” there shall be substituted “46D ” .
6
For regulation 23 there shall be substituted–
References of questions to other tribunals
23
1
A question in an appeal which is required to be determined in accordance with section 46D or 47B of the Management Act or section 222(4A) of the Inheritance Tax Act 1984 shall be referred to the appropriate tribunal by the Tribunal before whom the appeal is brought or, if the hearing of the appeal has not yet begun, by an inspector or other officer of the Board.
2
Where any question in an appeal has been referred to another tribunal in accordance with paragraph (1) above, the Tribunal before whom the appeal is brought–
a
shall finally determine the remaining question or questions in the appeal without awaiting the determination of the question referred to the other tribunal, and
b
shall make a final determination of the appeal (in accordance with regulation 18) once all the questions in the appeal have been finally determined.
3
The reference in paragraph (2)(b) above to all the questions in the appeal having being finally determined is a reference to a time when no further appeals in relation to those questions under any enactment are pending.
.
Signed on behalf of the Lord Chancellor
Jane Kennedy
Parliamentary Secretary,
Lord Chancellor’s Department
5th December 1999
The Scottish Ministers consent to the making of these Regulations
Jim Wallace
Minister for Justice, A member of the Scottish Executive
9th December 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Tees and North East Yorkshire National Health Service Trust (Establishment) Order 1999 and shall come into force on 1st April 1999.
2
In this Order, unless the context otherwise requires–
“the Act” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of or Schedule 1 to the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“the trust” means the Tees and North East Yorkshire National Health Service Trust established by article 2 of this Order.
Establishment and name of the trust
2
There is hereby established an NHS trust which shall be called the Tees and North East Yorkshire National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1)(a) of the Act.
2
The trust’s functions shall be to own and manage pursuant to section 5(1)(a) of the Act St. Luke’s Hospital, Marton Road, Middlesbrough, Cleveland TS4 3AF, West Lane Hospital, Acklam Road, Middlesbrough, Cleveland TS5 4EE, and associated hospitals, establishments or facilities, and there to provide and manage hospital accommodation and services and there and from there to provide and manage community health services.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1999.
2
The accounting date of the trust shall be 31st March.
Restriction on disposal of assets
6
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
16th March 1999


text:
PART I
GENERAL PROVISIONS
Citation and commencement
1
These Regulations may be cited as the Child Support Commissioners (Procedure) Regulations 1999 and shall come into force on 1st June 1999.
Revocation
2
The following Regulations are revoked to the extent that they relate to proceedings before the Child Support Commissioners–
a
the Child Support Commissioners (Procedure) Regulations 1992 ;
b
the Child Support Commissioners (Procedure) (Amendment) Regulations 1996 ;
c
the Social Security (Adjudication) and Commissioners Procedure and Child Support Commissioners (Procedure) Amendment Regulations 1997 ; and
d
the Child Support Commissioners (Procedure) (Amendment) Regulations 1997 .
Transitional provisions
3
1
Subject to paragraphs (2) and (3), these Regulations shall apply to all proceedings before the Commissioners on or after 1st June 1999.
2
In relation to any appeal or application for leave to appeal from any child support appeal tribunal constituted under the Act , these Regulations shall have effect with the modifications that–
a
“appeal tribunal” includes a reference to any such tribunal;
b
“Secretary of State” includes a reference to a child support officer;
c
“three months” shall be substituted for “one month” in regulation 10(1) and “42 days” shall be substituted for “one month” in regulations 11(2) and 15(1); and
d
under regulation 11 a Commissioner may for special reasons accept an application for leave to appeal even though the applicant has not sought to obtain leave to appeal from the chairman.
3
Any transitional question arising under any application or appeal in consequence of the coming into force of these Regulations shall be determined by a Commissioner who may for this purpose give such directions as he may think just, including modifying the normal requirements of these Regulations in relation to the application or appeal.
Interpretation
4
In these Regulations, unless the context otherwise requires–
“the Act” means the Child Support Act 1991;
“appeal tribunal” means an appeal tribunal constituted under Chapter 1 of Part I of the Social Security Act 1998 ;
“authorised officer” means an officer authorised by the Lord Chancellor, or in Scotland by the Secretary of State, in accordance with paragraph 4A of Schedule 4 to the Act ;
“the chairman” for the purposes of regulations 10, 11 and 12 means–
the person who was the chairman or sole member of the appeal tribunal which gave the decision against which leave to appeal is being sought; or
any other person authorised to deal with applications for leave to appeal to a Commissioner against that decision under the Act;
“Commissioner” means a Child Support Commissioner;
“legally qualified” means being a solicitor or barrister, or in Scotland, a solicitor or advocate;
“month” means a calendar month;
“office” means an Office of the Child Support Commissioners;
“party” means a party to the proceedings;
“proceedings” means any proceedings before a Commissioner, whether by way of an application for leave to appeal to, or from, a Commissioner, by way of an appeal or otherwise;
“respondent” means any person other than the applicant or appellant who was a party to the proceedings before the appeal tribunal and any other person who, pursuant to a direction given under regulation 18 is served with notice of the appeal; and
“summons”, in relation to Scotland, corresponds to “citation” and regulation 23 shall be construed accordingly.
General powers of a Commissioner
5
1
Subject to the provisions of these Regulations, a Commissioner may adopt any procedure in relation to proceedings before him.
2
A Commissioner may–
a
extend or abridge any time limit under these Regulations (including, subject to regulations 11(3) and 15(2), granting an extension where the time limit has expired);
b
expedite, postpone or adjourn any proceedings.
3
Subject to paragraph (4), a Commissioner may, on or without the application of a party, strike out any proceedings for want of prosecution or abuse of process.
4
Before making an order under paragraph (3), the Commissioner shall send notice to the party against whom it is proposed that it should be made giving him an opportunity to make representations why it should not be made.
5
A Commissioner may, on application by the party concerned, give leave to reinstate any proceedings which have been struck out in accordance with paragraph (3) and, on giving leave, he may give directions as to the conduct of the proceedings.
6
Nothing in these Regulations shall affect any power which is exercisable apart from these Regulations.
Transfer of proceedings between Commissioners
6
If it becomes impractical or inexpedient for a Commissioner to continue to deal with proceedings which are or have been before him, any other Commissioner may rehear or deal with those proceedings and any related matters.
Delegation of functions to authorised officers
7
1
The following functions of Commissioners may be exercised by legally qualified authorised officers, to be known as legal officers to the Commissioners–
a
giving directions under regulations 8, 18 and 19;
b
determining requests for or directing hearings under regulation 21;
c
summoning witnesses, and setting aside a summons made by a legal officer, under regulation 23;
d
postponing a hearing under regulation 5;
e
giving leave to withdraw or reinstate applications or appeals under regulation 24;
f
waiving irregularities under regulation 25 in connection with any matter being dealt with by a legal officer;
g
extending or abridging time, directing expedition, giving notices, striking out and reinstating proceedings under regulation 5.
2
Any party may, within 14 days of being sent notice of the direction or order of a legal officer, make a written request to a Commissioner asking him to reconsider the matter and confirm or replace the direction or order with his own, but, unless ordered by a Commissioner, a request shall not stop proceedings under the direction or order.
Manner of and time for service of notices, etc.
8
1
A notice to or other document for any party shall be deemed duly served if it is–
a
delivered to him personally; or
b
properly addressed and sent to him by prepaid post at the address last notified by him for this purpose, or to his ordinary address; or
c
served in any other manner a Commissioner may direct.
2
A notice to or other document for a Commissioner shall be delivered or sent to the office.
3
For the purposes of any time limit, a properly addressed notice or other document sent by prepaid post, fax or e-mail is effective from the date it is sent.
Confidentiality
9
1
Subject to paragraphs (3) and (4), the office shall not disclose information such as is mentioned in paragraph (2) except with the written consent of the person to whom the information relates or, in the case of a child, with the written consent of the person with care of him.
2
The information referred to in paragraph (1) is any information provided under the Act which–
a
relates to any person whose circumstances are relevant to the proceedings; and
b
consists of that person’s address or other information which could reasonably be expected to lead to him being located.
3
Where–
a
the office sends a notice to a person to whom information relates stating that the information may be disclosed in the course of proceedings unless he objects within one month of the date of the notice; and
b
written notice of that person’s objection is not received at the office within one month of the date of the notice,
then the information may be disclosed in the course of the proceedings.
4
Where the person to whom information relates is a child, the office shall send the notice referred to in paragraph (3)(a) to the person with care of the child and where written notice of that person’s objection is not received at the office within one month of the date of the notice, then the information may be disclosed in the course of the proceedings.
5
This regulation does not apply to proceedings which relate solely to a reduced benefits direction within the meaning of section 46(11) of the Act .
PART II
APPLICATIONS FOR LEAVE TO APPEAL AND APPEALS
Application to a Chairman for leave to appeal
10
1
An application to a chairman for leave to appeal to a Commissioner from a decision of an appeal tribunal shall be made within one month of the date the written statement of the reasons for the decision was sent to the applicant.
2
Where an application for leave to appeal to a Commissioner is made by the Secretary of State, the clerk to an appeal tribunal shall, as soon as may be practicable, send a copy of the application to every other party.
3
Any party who is sent a copy of an application for leave to appeal in accordance with paragraph (2) may make representations in writing within one month of the date the application is sent.
4
A person determining an application for leave to appeal to a Commissioner shall take into account any further representations received in accordance with paragraph (3) and shall record his decision in writing and send a copy to each party.
5
Where an applicant has not applied for leave to appeal within one month in accordance with paragraph (1), but makes an application within one year beginning on the day the one month ends, the chairman may for special reasons accept the late application.
6
Where in any case it is impractical, or would be likely to cause undue delay for an application for leave to appeal against a decision of an appeal tribunal to be determined by the person who was the chairman of that tribunal, that application shall be determined by any other chairman.
Application to a Commissioner for leave to appeal
11
1
An application to a Commissioner for leave to appeal against the decision of an appeal tribunal may be made only where the applicant has sought to obtain leave from the chairman and leave has been refused or the application has been rejected.
2
Subject to paragraph (3) an application to a Commissioner shall be made within one month of the date that notice of the refusal or rejection was sent to the applicant by the appeal tribunal.
3
A Commissioner may for special reasons accept a late application or an application where the applicant failed to seek leave from the chairman within the specified time, but did so on or before the final date.
4
In paragraph (3) the final date means the end of a period of 13 months from the date on which the decision of the appeal tribunal or, if later, any separate statement of the reasons for it, was sent to the applicant by the appeal tribunal.
Notice of application for leave to appeal
12
1
An application to a chairman or a Commissioner for leave to appeal shall be made by notice in writing, and shall contain–
a
the name and address of the applicant;
b
the grounds on which the applicant intends to rely;
c
if the application is made late, the grounds for seeking late acceptance; and
d
an address for sending notices and other documents to the applicant.
2
The notice in paragraph (1) shall have with it copies of–
a
the decision against which leave to appeal is sought;
b
if separate, the written statement of the appeal tribunal’s reasons for it; and
c
if it is an application to a Commissioner, the notice of refusal or rejection sent to the applicant by the appeal tribunal.
3
Where an application for leave to appeal is made to a Commissioner by the Secretary of State he shall send each respondent a copy of the notice of application and any documents sent with it when they are sent to the Commissioner.
Determination of application
13
1
The office shall send written notice to the applicant and each respondent of any determination by a Commissioner of an application for leave to appeal to a Commissioner.
2
Subject to a direction by a Commissioner, where a Commissioner grants leave to appeal under regulation 11–
a
notice of appeal shall be deemed to have been sent on the date when notice of the determination is sent to the applicant; and
b
the notice of application shall be deemed to be a notice of appeal sent under regulation 14.
3
If a Commissioner grants an application for leave to appeal he may, with the consent of the applicant and each respondent, treat and determine the application as an appeal.
Notice of appeal
14
1
Subject to regulation 13(2), an appeal shall be made by notice in writing and shall contain–
a
the name and address of the appellant;
b
the date on which the appellant was notified that leave to appeal had been granted;
c
the grounds on which the appellant intends to rely;
d
if the appeal is made late, the grounds for seeking late acceptance; and
e
an address for sending notices and other documents to the appellant.
2
The notice in paragraph (1) shall have with it copies of–
a
the notice informing the appellant that leave to appeal has been granted;
b
the decision against which leave to appeal has been granted; and
c
if separate, the written statement of the appeal tribunal’s reasons for it.
Time limit for appealing after leave obtained
15
1
Subject to paragraph (2), a notice of appeal shall not be valid unless it is sent to a Commissioner within one month of the date on which the appellant was sent written notice that leave to appeal had been granted.
2
A Commissioner may for special reasons accept a late notice of appeal.
Acknowledgement of a notice of appeal and notification to each respondent
16
The office shall send–
a
to the appellant, an acknowledgement of the receipt of the notice of appeal;
b
to each respondent, a copy of the notice of appeal.
PART III
PROCEDURE
Representation
17
A party may conduct his case himself (with assistance from any person if he wishes) or be represented by any person whom he may appoint for the purpose.
Directions on Notice of Appeal
18
1
As soon as practicable after the receipt of a notice of appeal a Commissioner shall give any directions that appear to him to be necessary, specifying–
a
the parties who are to be respondents to the appeal; and
b
the order in which and the time within which any party is to be allowed to make written observations on the appeal or on the observations made by any other party.
2
If in any case two or more persons who were parties to the proceedings before the appeal tribunal give notice of appeal to a Commissioner, a Commissioner shall direct which one of them is to be treated as the appellant and thereafter, but without prejudice to any rights or powers conferred on appellants by these Regulations, any other person who has given notice of appeal shall be treated as a respondent.
3
Subject to an abridgement of time under regulation 5(2)(a), the time specified in directions given under paragraph (1)(b) shall be not less than one month beginning with the day on which the notice of the appeal or, as the case may be, the observations were sent to the party concerned.
General Directions
19
1
Where a Commissioner considers that an application or appeal made to him gives insufficient particulars to enable the question at issue to be determined, he may direct the party making the application or appeal, or any respondent, to furnish any further particulars which may be reasonably required.
2
In the case of an application for leave to appeal, or an appeal from an appeal tribunal, a Commissioner may, before determining the application or appeal, direct the tribunal to submit a statement of such facts or other matters as he considers necessary for the proper determination of that application or appeal.
3
At any stage of the proceedings, a Commissioner may, on or without an application, give any directions as he may consider necessary or desirable for the efficient despatch of the proceedings.
4
A Commissioner may direct any party before him to make any written observations as may seem to him necessary to enable the question at issue to be determined.
5
An application under paragraph (3) shall be made in writing to a Commissioner and shall set out the direction which the applicant seeks.
6
Unless a Commissioner shall otherwise determine, the office shall send a copy of an application under paragraph (3) to every other party.
Procedure on linked case notice from the Secretary of State
20
Any notice from the Secretary of State to a Commissioner under section 28ZB of the Act (Appeal involving issues that arise on appeal in other cases) shall be sent by notice in writing signed by or on behalf of the Secretary of State and shall identify, by its file reference or the names of the parties involved, each appeal or application to which it relates.
Requests for hearings
21
1
Subject to paragraphs (2), (3) and (4), a Commissioner may determine any proceedings without a hearing.
2
Where a request for a hearing is made by any party, a Commissioner shall grant the request unless he is satisfied that the proceedings can properly be determined without a hearing.
3
Where a Commissioner refuses a request for a hearing, he shall send written notice to the person making the request, either before or at the same time as making his determination or decision.
4
A Commissioner may, without an application and at any stage, direct a hearing.
Hearings
22
1
This regulation applies to any hearing of an application or appeal to which these Regulations apply.
2
Subject to paragraph (3), the office shall give reasonable notice of the time and place of any hearing before a Commissioner.
3
Unless all the parties concerned agree to a hearing at shorter notice, the period of notice specified under paragraph (2) shall be at least 14 days before the date of the hearing.
4
If any party to whom notice of a hearing has been sent fails to appear at the hearing, the Commissioner may proceed with the case in that party’s absence, or may give directions with a view to the determination of the case.
5
Any hearing before a Commissioner shall be in public, unless the Commissioner for special reasons directs otherwise.
6
Where a Commissioner holds a hearing the applicant or appellant, every respondent and, with the leave of a Commissioner, any other person, shall be entitled to be present and be heard.
7
Any person entitled to be heard at a hearing may–
a
address the Commissioner;
b
with the leave of the Commissioner, give evidence, call witnesses and put questions directly to any other person called as a witness.
8
Nothing in these Regulations shall prevent a member of the Council on Tribunals or of the Scottish Committee of the Council in his capacity as such from being present at a hearing before a Commissioner which is not held in public.
Summoning of witnesses
23
1
Subject to paragraph (2), a Commissioner may summon any person to attend a hearing as a witness, at such time and place as may be specified in the summons, to answer any questions or produce any documents in his custody or under his control which relate to any matter in question in the proceedings.
2
A person shall not be required to attend in obedience to a summons under paragraph (1) unless he has been given at least 14 days' notice before the date of the hearing or, if less than 14 days, has informed the Commissioner that he accepts such notice as he has been given.
3
Upon the application of a person summoned under this regulation, a Commissioner may set the summons aside.
4
A Commissioner may require any witness to give evidence on oath and for this purpose an oath may be administered in due form.
Withdrawal of applications for leave to appeal and appeals
24
1
At any time before it is determined, an applicant may withdraw an application to a Commissioner for leave to appeal against a decision of an appeal tribunal by giving written notice to a Commissioner.
2
At any time before the decision is made, the appellant may withdraw his appeal with the leave of a Commissioner.
3
A Commissioner may, on application by the party concerned, give leave to reinstate any application or appeal which has been withdrawn in accordance with paragraphs (1) and (2) and, on giving leave, he may make directions as to the conduct of the proceedings.
Irregularities
25
Any irregularity resulting from failure to comply with the requirements of these Regulations shall not by itself invalidate any proceedings, and the Commissioner, before reaching his decision, may waive the irregularity or take steps to remedy it.
PART IV
DECISIONS
Determinations and decisions of a Commissioner
26
1
The determination of a Commissioner on an application for leave to appeal shall be in writing and signed by him.
2
The decision of a Commissioner on an appeal shall be in writing and signed by him and, unless it was a decision made with the consent of the parties he shall include the reasons.
3
The office shall send a copy of the determination or decision and any reasons to each party.
4
Without prejudice to paragraphs (2) and (3), a Commissioner may announce his determination or decision at the end of a hearing.
5
When giving his decision on an application or appeal, whether in writing or orally, a Commissioner shall omit any reference to the surname of any child to whom the application or appeal relates and any other information which would be likely, whether directly or indirectly, to identify that child.
Correction of accidental errors in decisions
27
1
Subject to regulations 6 and 29, the Commissioner who gave the decision may at any time correct accidental errors in any decision or record of a decision.
2
A correction made to, or to the record of, a decision shall become part of the decision or record, and the office shall send written notice of the correction to any party to whom notice of the decision has been sent.
Setting aside decisions on certain grounds
28
1
Subject to regulations 6 and 29, on an application made by any party, the Commissioner who gave the decision in proceedings may set it aside where it appears just to do so on the ground that–
a
a document relating to the proceedings was not sent to, or was not received at an appropriate time by, a party or his representative or was not received at an appropriate time by the Commissioner; or
b
a party or his representative was not present at a hearing before the Commissioner; or
c
there has been some other procedural irregularity or mishap.
2
An application under this regulation shall be made in writing to a Commissioner within one month from the date on which the office gave written notice of the decision to the party making the application.
3
Unless the Commissioner considers that it is unnecessary for the proper determination of an application made under paragraph (1), the office shall send a copy of it to each respondent, who shall be given a reasonable opportunity to make representations on it.
4
The office shall send each party written notice of a determination of an application to set aside a decision and the reasons for it.
Provisions common to regulations 27 and 28
29
1
In regulations 27 and 28, the word “decision” shall include determinations of applications for leave to appeal and decisions on appeals.
2
There shall be no appeal against a correction or a refusal to correct under regulation 27 or a determination given under regulation 28.
PART V
APPLICATIONS FOR LEAVE TO APPEAL TO THE APPELLATE COURT
Application to a Commissioner for leave to appeal to the Appellate Court
30
1
Subject to paragraph (2), an application to a Commissioner under section 25 of the Act for leave to appeal against a decision of a Commissioner shall be made in writing, stating the grounds of the application, within three months from the date on which the applicant was sent written notice of the decision.
2
Subject to a direction by a Commissioner, in calculating any time for applying for leave to appeal under paragraph (1), there shall be disregarded any day before the day–
a
on which notice was sent of a correction of a decision or the record of it under regulation 27; or
b
on which notice was sent of a determination that a decision shall not be set aside under regulation 28.
3
Regulations 24(1) and 24(3) shall apply to an application to a Commissioner for leave to appeal from a Commissioner’s decision as they apply to the proceedings in that regulation.
Irvine of Lairg, C.
Dated 4th May 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Borough of Woking (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 borough” means the borough of Woking;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map prepared by the Department of the Environment, Transport and the Regions marked “Map of the Borough of Woking (Electoral Changes) Order 1999”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of Woking
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into seventeen wards which shall bear the names set out in column (1) of Schedule 1.
3
The Byfleet ward shall comprise the parish of Byfleet and the other wards shall comprise the areas 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 Woking
3
1
Subject to the following provisions of this article, elections of councillors for wards of the borough shall be by thirds.
2
Elections of all councillors for all wards of the borough shall be held simultaneously on the ordinary day of election of councillors in 2000 .
3
The councillors holding office for any ward of the borough 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
Where the number of councillors elected in 2000 for any ward of the borough is two or more–
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 Borough of Woking (Electoral Arrangements) Order 1976 is hereby revoked.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Beverley Hughes
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
6th September 1999


text:
Citation and commencement
1
These Regulations may be cited as the School Standards and Framework Act 1998 (School Playing Fields) (Modification) (England) Regulations 1999 and shall come into force on 1st February 1999.
Modification of section 77 of the School Standards and Framework Act 1998
2
Until Schedule 22 to the School Standards and Framework Act 1998 comes into force, section 77(2)(b) of that Act shall have effect with the modification that for “either of paragraphs 1 and 2 of Schedule 22” there shall be substituted “section 231(7) of the Education Act 1996 ”.
Charles Clarke
Parliamentary Under Secretary of State,
Department for Education and Employment
4th January 1999


text:
Title and commencement
1
These Regulations may be cited as the Cereal Seeds (Amendment) (England) Regulations 1999, shall apply only to England and shall come into force on 6th September 1999.
Amendment of the Cereal Seeds Regulations 1993
2
1
The Cereal Seeds Regulations 1993 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 3(3) (interpretation)–
a
in sub-paragraph (b) of the definition of “Basic Seed”, for the words “and rye” there shall be substituted the words “, rye and self-pollinating triticale”; and
b
in the definition of “Certified Seed”, for the words “spelt wheat and rye” both times they appear there shall be substituted the words “spelt wheat and self-pollinating triticale”.
3
Paragraph 2 (varietal identity and varietal purity) of Part I of Schedule 4 shall become paragraph 2(1), and the following new sub-paragraph shall be inserted after it–
2
The crop shall have sufficient varietal identity and varietal purity. In the case of an inbred line, the crop shall have sufficient varietal identity and purity as regards its characteristics. For the production of seed of hybrid varieties, the requirement for sufficient varietal identity and purity shall apply also to the characteristics of the components, including characteristics as to male sterility and fertility restoration.
.
4
In paragraph 6 (standards for varietal purity, species purity and wild oats) of Part I of Schedule 4–
a
for the heading to the third column to the table there shall be substituted–
Varietal purity (excluding rye!, maize# and self-pollinating varieties of triticale Ø) percentage by number
; and
b
below footnote # there shall be added the following footnote–
Ø The varietal purity of self-pollinating varieties of triticale percentage by number shall be 99.7 for Basic Seed and 99.0 for Certified Seed of the First Generation.
.
5
After paragraph 9 (special conditions for hybrids of rye) of Part I of Schedule 4 there shall be inserted the following paragraph–
Special conditions for crops to produce hybrids of oats, barley, wheat, durum wheat, spelt wheat and self-pollinating triticale
10
a
The crop shall conform to the following standards as regards distances from neighbouring sources of pollen which may result in undesirable foreign pollination. The minimum distance of the female component shall be 25 metres from any other variety of the same species except from a crop of the male component. This distance may be disregarded if there is sufficient protection from any undesirable foreign pollination.
b
The crop shall have sufficient identity and purity as regards the characteristics of the components.
c
Where seed is produced by use of a chemical hybridisation agent, the crop shall conform to the following standards or other conditions–
i
the minimum varietal purity of each component shall be–
a
oats, barley, wheat, durum wheat and spelt wheat 99.7%
b
self-pollinating triticale 99.0%;
ii
the minimum hybridity shall be 95%. The percentage hybridity shall be assessed in accordance with current international methods, in so far as such methods exist. In cases where the hybridity is determined during seed testing prior to certification, the determination of the hybridity during field inspection need not be done.
.
6
For paragraph 1 of Part II of Schedule 4 (conditions relating to the seeds) there shall be substituted–
1
The seeds shall possess the varietal identity and the varietal purity (appropriate to the kind, category and level of the seeds) specified in Part I. In the case of seed of an inbred line, it shall possess the varietal identity and the varietal purity (appropriate to the kind, category and level of the seeds) specified in Part I as regards its characteristics. For the seed of hybrid varieties, the requirements as to varietal identity and varietal purity (appropriate to the kind, category and level of the seeds) specified in Part I, other than the requirement as to varietal purity of Basic Seed specified in the third column of the table in paragraph 6 of Part I, shall apply also to the characteristics of the components. For hybrids of oats, barley, wheat, durum wheat, spelt wheat and self-pollinating triticale, the minimum varietal purity of the seed of the category “Certified Seed” shall be 90%. It shall be examined in official post-control tests on an appropriate proportion of samples.
.
7
In paragraph 3 of Part II of Schedule 4–
a
for–
Germination (% by number) All categories 85 85
there shall be substituted–
Germination (% by number) All categories (except triticale) 85 85 Triticale 80 –
; and
b
in the table headed “Minimum Standard — maximum number of other seeds or structures in 500g.”, in the third box down in the first column, there shall be inserted before the words “Certified Seed of the First Generation” the words “Certified Seed,”.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
3rd August 1999


text:
Citation and commencement
1
These Regulations may be cited as the Army Terms of Service (Amendment) Regulations 1999 and shall come into force on 1st July 1999.
Amendments to Regulations
2
1
The Army Terms of Service Regulations 1992 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 4A (local service engagement), in paragraph (8), for the words “Save for regulation 8(3) and (4), regulations 5 to 9” there shall be substituted the words “Regulations 5, 6, 9”.
3
For regulation 7 there shall be substituted–
Right of recruit to determine service
7A
1
Subject to the following provisions of this regulation, a recruit shall have the right to determine his service by giving not less than 14 days' notice in writing to his commanding officer.
2
If the recruit had not attained the age of 18 years at the date of his attestation, the notice referred to in paragraph (1) shall not have effect unless it is given after the recruit has completed 28 days' service and before the expiration of the period of 6 months beginning on the date he first reported for duty following his enlistment.
3
If the recruit had attained the age of 18 years at the date of his attestation, the notice referred to in paragraph (1) shall not have effect unless it is given after the recruit has completed 28 days' service and before the expiration of the period of 3 months beginning on the date he first reported for duty following his enlistment.
4
If such notice expires at a time when soldiers are required by order under section 10 of the 1955 Act (continuation of army service in imminent national danger) to continue in army service, the recruit’s service shall not determine for so long as that order remains in force.
5
In calculating any period of time referred to in this regulation, no account shall be taken of any day during which the recruit was absent on leave either for the whole or part of the day.
6
This regulation shall not apply to a recruit enlisted in the Brigade of Gurkhas.
4
Regulations 8 and 9(3) shall be omitted.
5
In paragraph (4) of regulation 10 (right of home service personnel to determine service), for the words “the right conferred by paragraph (1)” there shall be substituted “the rights conferred by regulation 7A and paragraph (1)”.
Savings
3
The Army Terms of Service Regulations 1992 shall continue to apply without the amendments made by regulation 2 in relation to any person whose date of attestation is before 1st July 1999.
On behalf of the Defence Council
General Sir Roger Wheeler
Roger Jackling
Members of the Defence Council
8th June 1999