text:
1
These Regulations may be cited as the Value Added Tax (Amendment) (No. 4) Regulations 1999 and shall come into force on 1st January 2000.
2
The Value Added Tax Regulations 1995 shall be amended as follows.
3
In regulation 24 after the definition of “insolvent person” there shall be inserted —
“investment gold” has the same meaning as that expression has for the purposes of Group 15 of Schedule 9 to the Act;
.
4
After regulation 31 there shall be inserted —
31A
1
This regulation applies where a person —
a
makes a supply of investment gold of a description falling within item 1 of Group 15 of Schedule 9 to the Act, or
b
makes a supply of a description falling within item 2 of Group 15 of Schedule 9 to the Act, which subsequently results in the transfer of the possession of the investment gold.
2
Subject to paragraph (6) below (and save as the Commissioners may otherwise allow in relation to supplies where the value is less than an amount equivalent to 15,000 euro at a rate specified in any notice published by the Commissioners for the purposes of this regulation) in addition to the requirements upon every taxable person under this Part, a person making a supply of a description falling within paragraph (1) above shall —
a
without prejudice to regulations 13 and 14, issue an invoice in respect of the supply containing such details as may be specified in a notice published by the Comissioners for the purposes of this regulation;
b
keep and maintain a record of the supply containing such details as may be specified in a notice published by the Commissioners for the purposes of this regulation;
c
retain such documents in relation to the supply as may be specified in a notice published by the Commissioners for the purposes of this regulation;
d
keep and maintain a record of the recipient of the supply containing such particulars pertaining to the recipient as may be specified in a notice published by the Commissioners for the purposes of this regulation;
e
keep and maintain such other records and documents as may be specified in a notice published by the Commissioners for the purposes of this regulation to allow the proper identification of each recipient of the supply;
f
notify the Commissioners in writing that he is making such supplies within 28 days of the first supply;
g
furnish to the Commissioners such information in relation to his making of the supply as may be specified in a notice published by them.
3
A taxable person shall keep and maintain, together with the account he is required to keep and maintain under regulation 32 below, a record of exempt supplies of a description falling within item 1 or 2 of Group 15 of Schedule 9 to the Act, that he makes to another taxable person.
4
Where there is a sale of investment gold, which would if that person were supplying investment gold in the course or furtherance of any business, fall within item 1 or 2 of Group 15 of Schedule 9 to the Act, by a person who is not trading in investment gold, to a person who is so trading, the purchaser shall issue on behalf of the seller an invoice containing such particulars as may be set out in a notice published by the Commissioners for the purposes of this regulation and the seller shall sign such form of declaration as may be set out in a notice published by the Commissioners for the purposes of this regulation.
5
The records required to be kept and the documents required to be retained under paragraphs (1) to (4) above shall be preserved for a minimum period of 6 years.
6
Paragraphs (2) to (5) above shall not apply to any person in respect of a supply by him of a description falling within item 1 or 2 of Goup 15 of Schedule 9 to the Act the value of which does not exceed £5,000, unless the total value of those supplies to any person over the last 12 months exceeds £10,000.
31B
Where a person receives a supply of a description falling within article 31A(1) above that person shall retain the purchase invoice in relation to that supply for a minimum period of 6 years.
31C
Paragraph 10(2) of Schedule 11 to the Act shall apply in relation to supplies of a description falling within items 1 and 2 of Group 15 of Schedule 9 to the Act as it applies in relation to the supply of goods under taxable supplies.
.
5
After regulation 33 there shall be inserted:
33A
A person making supplies of a description falling within article 4 of the Value Added Tax (Terminal Markets) Order 1973 shall not be required to keep in relation to those supplies the records specified in regulations 31 (save for paragraph (1)(a) of that regulation), 31A, 32 and 33 of these Regulations.
33B
Where a person of a description in article 6 of the Value Added Tax (Terminal Markets) Order 1973 who makes or receives supplies of a description falling within that article, the following Parts of these Regulations shall not apply in relation to those supplies, that is to say —
a
Part IV;
b
Part V.
.
6
For regulation 99(1)(a) there shall be substituted —
“exempt input tax” means —
input tax or a proportion of input tax, which is attributable to exempt supplies in accordance with the method used under regulation 101, or a method approved or directed to be used under regulation 102 as the case may be, and
input tax, or a proportion of input tax, which is attributable to exempt supplies of a description falling within regulation 103A, but not any input tax allowable under that regulation, and
input tax, or a proportion of input tax, which is attributable to supplies outside the United Kingdom which would be exempt if made in the United Kingdom, not being supplies specified in an order under section 26(2)(c) of the Act, according to the extent to which the goods or services on which the input tax was incurred are used or to be used in making such supplies or in accordance with a method approved or directed to be used under regulation 102, as the case may be;
.
7
In regulation 103(1)(b) after “the Act,” there shall be inserted “other than supplies of a description falling within regulation 103A below,”.
8
After regulation 103 there shall be inserted —
103A
1
This regulation applies to a taxable person who makes supplies of a description falling within item 1 or 2 of Group 15 of Schedule 9 to the Act.
2
Input tax incurred by him in any prescribed accounting period in respect of supplies by him of a description falling within paragraph (1) above shall be allowable as being attributable to those supplies only to the following extent, that is to say where it is incurred —
a
on investment gold supplied to him which but for an election made under the Value Added Tax (Investment Gold) Order 1999 , or but for Note 4(b) to Group 15 of Schedule 9 to the Act would have fallen within item 1 or 2 of that Group, or on investment gold acquired by him;
b
on a supply to him, an acquisition by him, or on an importation by him of gold other than investment gold which is to be transformed by him or on his behalf into investment gold;
c
on services supplied to him comprising a change of form, weight or purity of gold.
3
Where a taxable person produces investment gold or transforms any gold into investment gold he shall also be entitled to credit for input tax incurred by him on any goods or services supplied to him, any acquisitions of goods by him or any importations of goods by him, but only to the extent that they are linked to the production or transformation of that gold into investment gold.
4
Where input tax has been incurred on goods or services which are used or to be used in making supplies of a description falling within item 1 or 2 of Group 15 of Schedule 9 to the Act and any other supply, that input tax shall be attributed to the supplies falling within item 1 or 2 to the extent that the goods or services are so used or to be used, expressed as a proportion of the whole use or intended use.
5
Where input tax is attributed to supplies of a description falling within item 1 or 2 of Group 15 to Schedule 9 to the Act under paragraph (4) above, the taxable person shall be entitled to credit for only so much input tax as is reasonably allowable under paragraph (2) or (3) above.
6
For the purpose of attributing input tax to supplies of a description falling within item 1 or 2 of Group 15 of Schedule 9 to the Act under paragraph (4) above, any input tax of the description in that paragraph shall be deemed to be the only input tax incurred by the taxable person in the prescribed accounting period concerned.
.
9
1
For regulation 110 there shall be substituted —
110
1
Subject to paragraph (2) below, in this regulation, in regulations 108 and 109 above and in Part XV of these Regulations —
a
“exempt supplies” includes supplies outside the United Kingdom which would be exempt if made in the United Kingdom, other than supplies of a description falling within subparagraph (b) below; and
b
“taxable supplies” includies supplies of a description falling within regulation 103(1) above.
2
Subject to paragraph (3) below, for the purposes of identifying the use, or intended use, of goods and services in regulations 108 and 109 above and in Part XV of these Regulations —
a
“exempt supplies” shall be construed as including supplies of a description falling within regulation 103A(1) above, but only to the extent that there is, or would be, no credit for input tax on goods and services under that regulation; and
b
“taxable supplies” shall be construed as including supplies of a description falling within regulation 103A(1) above, but only to the extent that there is, or would be , credit for input tax on goods and services under that regulation.
3
Any adjustment under regulations 108 and 109 above shall not cause any more or any less input tax to be credited, as the case may be, in respect of supplies of a description falling within regulation 103A(1) above than would be allowed or required under that regulation.
4
Subject to regulation 103, where —
a
regulation 108 or 109 applies,
b
the use to which the goods or services concerned are put, or to which they are intended to be put, includes the making of any supplies outside the United Kingdom, and
c
at the time when the taxable person was first required to attribute the input tax he was not required to use a method approved or directed under regulation 102 or that method did not provide expressly for the attribution of input tax attributable to supplies outside the United Kingdom,
the amount for which the taxable person shall be liable to account under regulation 108 or the amount which he is entitled to be paid under regulation 109, as the case may be, shall be calculated by reference to the extent to which the goods or services concerned are used or intended to be used in making taxable supplies, expressed as a proportion of the whole use or intended use.
.
10
In regulation 112(1), after “in that Part” there shall be added “and in particular, exempt supplies and taxable supplies shall be accorded the same meanings as defined in regulation 110 above”.
Martin Brown
Commissioner of Customs and Excise
New King’s Beam House,
22 Upper Ground,
London,
SE1 9PJ
22nd November 1999


type: legislation

jurisdiction: UK

text:
Commencement and citation
1
This Order may be cited as the A13 Trunk Road (Tower Hamlets) Red Route (Bus Priority) Traffic Order 1999, and shall come into force on 22nd November 1999.
Interpretation
2
In this Order —
a
a reference to an article or schedule followed by a number is a reference to the article of, or schedule to, this Order so numbered;
b
causing includes permitting;
c
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ; and
d
“vehicle” includes part of a vehicle;
e
“bus”, “local bus”, “pedal cycle”, “taxi”, “traffic lane”, “contra-flow” and “with-flow lane” have the meanings given in the Traffic Signs Regulations and General Directions 1994 ;
f
“bus lane” means a traffic lane on a length of road which is specified in column (2) in the table in schedule 1 and in respect of which traffic signs are in place indicating the controls specified in this Order;
g
“bus-only route” means an area of road which is specified in column (2) in the table in schedule 2 and in respect of which traffic signs are in place indicating the controls specified in this Order;
h
“dial-a-ride bus” means a vehicle —
i
displaying so as to be conspicuous on the outside of the vehicle a logo in a form approved by or with the authority of the Traffic Director for London and containing the words “dial-a-ride”; and
ii
constructed or adapted for the carriage of disabled persons and their companions and which is being used to provide a service for the carriage of such persons;
i
“times of operation” means
in relation to a bus lane specified in an item in column (2) of the table in schedule 1, the times specified in column (3) of that item, and
in relation to a bus-only route specified in an item in column (2) of the table in schedule 2, the times specified in column (3) of that item;
j
an entry in column (3), (4) or (5) of an item in the table in schedule 1 or 2 applies to that column in subsequent items in that table.
Bus Priority Controls
3
1
Except as provided in articles 4 and 5, no person shall cause a vehicle to be in a bus lane in a length of road specified in an item in column (2) of the table in schedule 1 during the times specified in that item in column (3) of that item unless that vehicle is proceeding in the direction specified in column (4) of that item and is of a type specified in column (5) of that item.
2
Except as provided in article 5, no person shall cause a vehicle to be in a bus-only route in an area of road specified in an item in column (2) of the table in schedule 2 during the times specified in that column (3) of that item unless that vehicle is proceeding in the direction or directions specified in column (4) of that item and is of a type specified in column (5) of that item.
Exemptions — Bus Lanes
4
1
The controls specified in article 3(1) do not apply so as to prevent a vehicle being in a bus lane if and for as long as necessary —
a
to enable a person to get on or off the vehicle; or
b
to enable goods to be loaded on to or unloaded from the vehicle;
if and in so far as the activity is not prohibited by the provisions of any other Order.
2
The controls specified in article 3(1) do not apply in respect of a vehicle which is being used for a purpose which is within an exemption to a restriction or prohibition imposed by any other Order or which is permitted by any other Order.
3
The controls specified in article 3(1) do not apply in respect of a vehicle crossing a bus lane to get to or from any road adjacent to the bus lane or any vehicular access to premises adjacent to the bus lane.
Exemptions — Bus Lanes and Bus-Only Routes
5
1
The controls specified in articles 3(1) and 3(2) do not apply in respect of a vehicle being in a bus lane or a bus-only route if the vehicle is being used in —
a
the service of a local authority for the purpose of collecting refuse;
b
the pursuance of any statutory duty of the Post Office for the purpose of collecting or delivering letters provided the vehicle bears the Royal Mail livery;
c
connection with the removal of any obstruction to traffic;
d
connection with the maintenance, improvement or reconstruction of any road;
e
connection with the maintenance, improvement or construction of any street furniture including bus stop infrastructure;
f
connection with any building operation or demolition;
g
connection with the laying, erection, alteration or repair in or near the bus lane of any sewer or of any main, pipe or apparatus for the supply of gas, water or electricity, or of any telecommunications apparatus as defined in paragraph 1(1) of Schedule 2 of the Telecommunications Act 1984 ;
if the vehicle cannot be used for that purpose without being in the bus lane or the bus-only route and in so far as the activity is not prohibited by the provisions of any other Order.
2
The controls specified in article 3(1) and 3(2) do not apply in respect of a vehicle being in a bus lane or bus-only route —
a
so as to avoid an accident;
b
to allow a person to get or give help in consequence of an accident or emergency or otherwise take action for public safety;
c
to such an extent and for such a time as is needed to comply with any requirement resulting from works or an emergency in any part of the road adjoining the bus lane or bus-only route;
d
if it is being used for ambulance, fire brigade or police purposes.
3
The controls specified in articles 3(1) and 3(2) do not apply in respect of anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Revocation or variation of existing Orders
5
1
The A13 Trunk Road ( Tower Hamlets) (Bus Lanes) Traffic Order 1994 is hereby revoked in so far as its provisions relate to any length of road specified in the table in the schedule to this Order.
2
Item 1 in the Schedule of the Tower Hamlets (Bus Lanes) ( No. 2) Traffic Order 1985 is hereby revoked in so far as its provisions relate to any length of road specified in the table in the schedule to this Order.
Signed in accordance with a direction from the Secretary of State
Derek Turner
Traffic Director for London
12th November 1999


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Kent) (District of Thanet) Order 1999 and shall come into force on 10th January 2000.
Interpretation
2
In this Order–
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
This Order applies to the District of Thanet with the exception of the following roads:
a
the A299 for its whole length in the District;
b
the A253 from its junction with the A299 at Monkton Roundabout to its junction with the A256 at the Lord of the Manor Junction.
Designation of permitted parking area and special parking area
4
The Secretary of State hereby designates the area to which this Order applies as–
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
Keith Hill
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
20th December 1999


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security Amendment (Notional Income and Capital) Regulations 1999 and shall come into force on 15th November 1999.
2
In these Regulations —
“the Council Tax Benefit Regulations” means the Council Tax Benefit (General) Regulations 1992 ;
“the Housing Benefit Regulations” means the Housing Benefit (General) Regulations 1987 ;
“the Income Support Regulations” means the Income Support (General) Regulations 1987 ;
“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 1996 .
Notional income and notional capital
2
1
After head (i) in —
a
both regulations 42(4)(a) and 51(3)(a) of the Income Support Regulations ; and
b
both regulations 105(10)(a)(i) and 113(3)(a)(i) of the Jobseeker’s Allowance Regulations ,
(which relate respectively to notional income and to notional capital), there shall be inserted the following head —
ia
in a case where that payment is a payment of an occupational pension or is a pension or other periodical payment made under a personal pension scheme, as possessed by that single claimant or, as the case may be, by that member;
.
2
In paragraph (3) of both regulations 26 and 34 of the Council Tax Benefit Regulations and regulations 35 and 43 of the Housing Benefit Regulations (which relate respectively to notional income and to notional capital) —
a
immediately before sub-paragraph (a) there shall be inserted the following sub-paragraph —
za
to a third party in respect of a single claimant or a member of the family (but not a member of the third party’s family) shall, where that payment is a payment of an occupational pension or is a pension or other periodical payment made under a personal pension scheme, be treated as possessed by that single claimant or, as the case may be, by that member;
;
b
in sub-paragraph (a), after the word “shall” there shall be inserted the words “, where it is not a payment referred to in sub-paragraph (za),”.
3
There shall be added as —
a
regulations 26(3A)(d) and 34(3A)(c) of the Council Tax Benefit Regulations;
b
regulations 35(3A)(d) and 43(3A)(c) of the Housing Benefit Regulations;
c
regulations 42(4ZA)(d) and 51(3A)(c) of the Income Support Regulations;
d
regulations 105(10A)(d) and 113(3A)(c) of the Jobseeker’s Allowance Regulations,
the following sub-paragraph —
under an occupational pension scheme or in respect of a pension or other periodical payment made under a personal pension scheme where —
i
a bankruptcy order has been made in respect of the person in respect of whom the payment has been made or, in Scotland, the estate of that person is subject to sequestration or a judicial factor has been appointed on that person’s estate under section 41 of the Solicitors (Scotland) Act 1980 ;
ii
the payment is made to the trustee in bankruptcy or any other person acting on behalf of the creditors; and
iii
the person referred to in (i) and any member of his family does not possess, or is not treated as possessing, any other income apart from that payment.
.
Signed by authority of the Secretary of State for Social Security.
Angela Eagle
Parliamentary Under-Secretary of State,
Department of Social Security
20th September 1999


text:
Title, commencement and extent
1
1
These Regulations may be cited as the Spreadable Fats (Marketing Standards) (England) Regulations 1999 and shall come into force on 1st October 1999.
2
These Regulations shall apply to England.
Interpretation
2
1
In these Regulations–
“ the Act ” means the Food Safety Act 1990;
“the Commission Regulation” means Commission Regulation ( EC ) No. 577/97 laying down certain detailed rules for the application of the Council Regulation and of Council Regulation ( EEC ) No. 1898/87 on the protection of designations used in the marketing of milk and milk products, as amended by Commission Regulation (EC) No. 1278/97 , Commission Regulation (EC) No. 2181/97 , Commission Regulation (EC) No. 623/98 , Commission Regulation (EC) No. 1298/98 , Commission Regulation (EC) No. 2521/98 and Commission Regulation (EC) No. 568/1999 ;
“Community provision” means a provision of the Council Regulation or the Commission Regulation which is referred to in column 1 of Schedule 1 to these Regulations, as read with any supplementary provision referred to in column 2 thereof opposite the reference in column 1;
“the Council Regulation” means Council Regulation (EC) No. 2991/94 laying down standards for spreadable fats;
“ EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993;
“EEA State” means a State which is a Contracting Party to the EEA Agreement;
“food authority” does not include–
the council of a district in a non-metropolitan county except where the county functions have been transferred to that council pursuant to a structural change; or
the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and the Middle Temple);
“sell” includes possess for sale, and offer, expose or advertise for sale;
“sell by retail” means sell to a person buying otherwise than for the purpose of re-sale;
“vitamin A” means vitamin A present as such or as its esters and includes beta-carotene on the basis that 6 micrograms of beta-carotene or 12 micrograms of other biologically active carotenoids equal 1 microgram of retinol equivalent;
“vitamin D” means the anti-rachitic vitamins.
2
Other expressions used both in these Regulations and in the Council Regulation or the Commission Regulation have the same meaning in these Regulations as they have in the Council Regulation or the Commission Regulation.
Exemptions
3
1
Except where paragraph (2) below applies, unless and until there is a decision by the EEA Joint Committee under Article 98 of the EEA Agreement to amend it to refer to the Council Regulation and the Commission Regulation, these Regulations shall not apply in respect of any spreadable fat to which the EEA Agreement applies and which–
a
is brought into England–
i
from an EEA State (other than a member State) in which it was lawfully produced and sold, or
ii
from another part of the United Kingdom if that spreadable fat was brought there from such an EEA State; and
b
is suitably labelled to indicate the nature of the spreadable fat.
2
Regulation 4 of these Regulations shall not apply in respect of any margarine which–
a
is brought into England–
i
from an EEA State (other than the United Kingdom) in which it was lawfully produced and sold,
ii
from a member State (other than the United Kingdom) in which it was in free circulation and lawfully sold, or
iii
from another part of the United Kingdom in which it was lawfully produced and sold or in which it was in free circulation and lawfully sold; and
b
is suitably labelled to indicate the nature of the margarine.
3
For the purposes of paragraph (2) above, “free circulation” has the same meaning as in Article 23(2) of the Treaty establishing the European Community.
Vitamin content of margarine
4
1
Any margarine sold by retail shall contain in every 100 grams of such margarine–
a
not less than 800 micrograms and not more than 1000 micrograms of vitamin A, and
b
not less than 7.05 micrograms and not more than 8.82 micrograms of vitamin D,
and a proportionate amount in any part of 100 grams.
2
No person shall sell by retail any margarine in contravention of this regulation.
Enforcement
5
Each food authority shall enforce and execute within its area the Community provisions and these Regulations.
Offences and penalty
6
If any person contravenes or fails to comply with–
a
regulation 4 of these Regulations, or
b
any Community provision,
he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Defence in relation to exports
7
In any proceedings under regulation 6(b) of these Regulations it shall be a defence for the person charged to prove–
a
that the food in respect of which the offence is alleged to have been committed was intended for export to a country which has legislation analogous to these Regulations and that it complies with that legislation; and
b
that the legislation complies with the Council Regulation and the Commission Regulation in the case of–
i
export to a member State; or
ii
where there is a decision of the EEA Joint Committee under Article 98 of the EEA Agreement to amend it to refer to the Council Regulation and the Commission Regulation, export to an EEA State which is not a member State.
Application of various provisions of the Act
8
1
The following provisions of the Act shall apply for the purposes of these Regulations and, unless the context otherwise requires, any reference in those provisions to the Act or Part thereof shall be construed for the purposes of these Regulations as a reference to these Regulations–
section 2 (extended meaning of “sale” etc. );
section 3 (presumptions that food is intended for human consumption);
section 20 (offences due to fault of another person);
section 21 (defence of due diligence) as it applies for the purposes of section 8, 14 or 15;
section 22 (defence of publication in the course of a business);
section 30(8) (which relates to documentary evidence);
section 35(1) to (3) (punishment of offences) in so far as it relates to offences under section 33(1) and (2);
section 36 (offences by bodies corporate).
2
The following provisions of the Act shall apply for the purposes of these Regulations and, unless the context otherwise requires, any reference in those provisions to the Act shall be construed for the purposes of these Regulations as including a reference to the Community provisions–
section 32 (powers of entry);
section 33 (obstruction etc. of officers);
section 44 (protection of officers acting in good faith).
Revocations
9
The Regulations specified in Schedule 2 to these Regulations are hereby revoked in so far as they apply to England.
Joyce Quin
Minister of State, Ministry of Agriculture, Fisheries and Food
25th August 1999
Signed by authority of the Secretary of State for Health:
John Hutton
Parliamentary Under Secretary of State,
Department of Health
23rd August 1999
Signed by authority of the Secretary of State for Wales:
David Hanson
Parliamentary Under Secretary of State, Welsh Office
2nd September 1999


text:
Citation and commencement
1
This Order may be cited as the Chase Farm Hospitals and the Wellhouse National Health Service Trusts (Dissolution) Order 1999 and shall come into force on 1st April 1999.
Dissolution of NHS trusts
2
1
The Chase Farm Hospitals National Health Service Trust established by the Chase Farm Hospitals National Health Service Trust (Establishment) Order 1992 shall be dissolved on 1st April 1999, and accordingly that Order revoked on that date.
2
The Wellhouse National Health Service Trust established by the Wellhouse National Health Service Trust (Establishment) Order 1991 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, commencement and interpretation
1
1
These Regulations may be cited as the Medicines (Products for Animal Use — Fees) Amendment Regulations 1999 and shall come into force on 1st October 1999.
2
In these Regulations “the principal Regulations ” means the Medicines (Products for Animal Use — Fees) Regulations 1998 .
3
Unless the context otherwise requires, expressions used in these Regulations shall have the same meaning as in the principal Regulations.
Amendment of fees specified in the principal Regulations
2
In respect of each provision of the principal Regulations specified in the entries in column (1) (the subject matter of which is described in column (2)) of the Schedule to these Regulations, where a fee is specified opposite that provision in column (3) there shall be substituted the fee specified opposite that provision in column (4).
3
1
In Schedule 3 to the principal Regulations —
a
in Part II, paragraph 1 (calculation of annual fees) there shall be substituted the figure “£262” for the figure “£248”, the figure “£18,480” for the figure “£17,640”, and the figure “0.44%.” for the figure “0.42%.”;
b
in Part II, paragraph 2 (calculation of annual fees) there shall be substituted the figure “0.66%” for the figure “0.63%”; and
c
in Part III (calculation of annual fee — emergency vaccines) there shall be substituted the figure “0.66%” for the figure “0.63%”.
Transitional provisions
4
1
Subject to paragraphs (2) and (3) below, these Regulations shall not apply in respect of any application made before the date these Regulations come into force.
2
These Regulations shall apply in relation to any fee payable in respect of any inspection made after these Regulations come into force in connection with any application made before they come into force.
3
Where, in connection with an application to renew a marketing authorisation, licence or certificate made before these Regulations come into force, the authorisation, licence or certificate is due to expire on or after the date these Regulations come into force, regulation 17(4) and (5) of the principal Regulations shall apply to that application on the basis that the fee payable for the application following the coming into force of these Regulations is the appropriate fee payable.
4
Nothing in these Regulations shall have effect in relation to an annual fee relating to a calendar year earlier than 1998.
Signed by authority of Secretary of State for Health
Gisela Stuart
Parliamentary Under Secretary of State,
Department of Health
31st August 1999
Signed by authority of the Secretary of State for Wales
David Hanson
Parliamentary Under Secretary of State, Welsh Office
9th September 1999
John Reid
Parliamentary Under Secretary of State, Scottish Office
1st September 1999
Joyce Quin
Minister of State, Ministry of Agriculture, Fisheries and Food
26th August 1999
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland this
D. C. Gowdy
Permanent Secretary
1st day of September 1999
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland this
P. J. Small
Permanent Secretary
1st day of September 1999
We consent,
Bob Ainsworth
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
1st September 1999


text:
Citation and commencement
1
These Regulations may be cited as the Telecommunications (Appeals) Regulations 1999 and shall come into force on 20th December 1999.
Interpretation
2
In these Regulations —
“the Licensing Directive” means Directive 97/13/ EC of the European Parliament and of the Council on a common framework for general authorisations and individual authorisations in the field of telecommunications ;
“the ONP Framework Amending Directive” means Directive 97/51/EC of the European Parliament and of the Council amending Council Directives 90/387/ EEC and 92/44/EEC for the purposes of adaptation to a competitive environment in telecommunications .
Amendments to the Telecommunications Act 1984
3
1
For the purposes of implementing the Licensing Directive and the ONP Framework Amending Directive, the Telecommunications Act 1984 is amended in accordance with the following paragraphs.
2
In section 18 —
a
subsections (1) and (2) are repealed; and
b
in subsection (3), for the words “this section” there are substituted the words “section 46B”.
3
After section 46A there is inserted —
Appeals
Appeals
46B
1
This section shall apply to the following decisions of the Secretary of State or the Director under this Part taken on or after 20th December 1999 —
a
a decision to grant or refuse to grant a licence under section 7;
b
a decision to include within a licence on its grant particular provisions —
i
describing the telecommunication systems authorised to be run under the licence;
ii
describing the connections authorised to be made;
iii
describing the telecommunication services authorised to be provided;
iv
imposing a condition; or
v
applying the telecommunications code to the licensee subject to such exceptions and conditions as may be included in the licence;
c
a decision with regard to the designation under section 9 of a telecommunication system as a public telecommunication system;
d
a decision with regard to the modification of any exception or condition included in a licence as mentioned in section 10(3);
e
a decision to exercise any power contained in a licence to give a direction or consent or to make any determination;
f
a decision with regard to the enforcement of conditions in a licence;
g
a decision to revoke a licence;
h
a decision with regard to approval of any person, apparatus or meter; and
j
any other decison (other than a decision made under sections 12 to 15) in respect of which the rights or interests of a person running or wishing to run a telecommunication system under a licence or making or wishing to make any connection or providing or wishing to provide any telecommunication service by means of a telecommunication system licensed under this Act are materially affected.
2
Subject to subsection (5) below, a person aggrieved by a decision to which this section applies may appeal against the decision on one or more of the following grounds —
a
that a material error as to the facts has been made;
b
that there was a material procedural error;
c
that an error of law has been made; or
d
that there was some other material illegality, including unreasonableness or lack of proportionality.
3
In England and Wales and Northern Ireland, an appeal lies to the High Court, and in Scotland, an appeal lies to the Court of Session.
4
The court determining an appeal may —
a
dismiss the appeal; or
b
quash the decision,
and where the court quashes a decision it may refer the matter to the Secretary of State or the Director (as the case may be) with a direction to reconsider it and reach a decision in accordance with the findings of the court.
5
No appeal under this section shall be brought unless the leave of the court has been obtained.
6
An appeal under this section shall be brought —
a
in respect of a decision made under section 16, without unreasonable delay and in any event not later than 42 days from the date on which the Secretary of State or the Director made his decision; or
b
in respect of any other decision to which this section applies, without unreasonable delay and in any event not later than three months from the date on which the Secretary of State or the Director made his decision, or within such other period as may be specified by rules of court.
7
The effect of a decision to which an appeal under this section relates shall not, except where the court so orders, be suspended in consequence of the bringing of the appeal.
8
Any proceedings under this section in the Court of Session shall be before the Lord Ordinary.
Amendments to the Wireless Telegraphy Act 1949
4
1
For the purposes of implementing the Licensing Directive and the ONP Framework Amending Directive, the Wireless Telegraphy Act 1949 is amended in accordance with the following paragraphs.
2
In sub-section (1) of section 1D, for the words “the following section” there are substituted the words “sections 1E and 1F”.
3
After section 1E there is inserted —
Appeals
1F
1
This section shall apply to the following decisions of the Secretary of State taken on or after 20th December1999 —
a
a decision to grant or renew, or refuse to grant or renew, a licence under section 1;
b
a decision to include within a licence particular terms, provisions or limitations;
c
a decision with regard to the variation of any term, provision or limitation in a licence;
d
a decision to revoke a licence;
e
a decision under this Act or under section 84 of the Telecommunications Act 1984 with regard to the approval of any apparatus; and
f
any other decision under this Act or a decision under the Wireless Telegraphy Act 1998 in respect of which the rights or interests of a person who is authorised or who wishes to be authorised by a licence are materially affected.
2
Subject to subsection (5) below, a person aggrieved by a decision to which this section applies may appeal against the decision on one or more of the following grounds —
a
that a material error as to the facts has been made;
b
that there was a material procedural error;
c
that an error of law has been made; or
d
that there was some other material illegality, including unreasonableness or lack of proportionality.
3
In England and Wales and Northern Ireland, an appeal lies to the High Court, and in Scotland, an appeal lies to the Court of Session.
4
The court determining an appeal may —
a
dismiss the appeal; or
b
quash the decision,
and where the court quashes a decision it may refer the matter to the Secretary of State with a direction to reconsider it and reach a decision in accordance with the findings of the court.
5
No appeal under this section shall be brought unless the leave of the court has been obtained.
6
An appeal under this section shall be brought without unreasonable delay and in any event not later than three months from the date on which the Secretary of State made his decision, or within such other period as may be specified by rules of court.
7
The effect of a decision to which an appeal under this section relates shall not, except where the court so orders, be suspended in consequence of the bringing of the appeal.
8
Any proceedings under this section in the Court of Session shall be before the Lord Ordinary.
9
Except as provided by this section, the validity of a decision to which this section applies shall not be questioned in any legal proceedings whatsoever.
Amendment to the Telecommunications (Interconnection) Regulations 1997
5
In the Telecommunications (Interconnection) Regulations 1997 , after regulation 12 there is inserted —
Appeals
12A
Section 46B of the Act shall apply to decisions made by the Secretary of State or the Director under these Regulations as they apply to such decisions made under the Act.
Amendment to the Telecommunications (Open Network Provision and Leased Lines) Regulations 1997
6
In the Telecommunications (Open Network Provision and Leased Lines) Regulations 1997 , after regulation 14 there is inserted —
Appeals
14A
Section 46B of the 1984 Act shall apply to decisions made by the Secretary of State or the Director under these Regulations as they apply to such decisions made under the 1984 Act.
Amendment to the Telecommunications (Open Network Provision) (Voice Telephony) Regulations 1998
7
In the Telecommunications (Open Network Provision) (Voice Telephony) Regulations 1998 , after regulation 38 there is inserted —
Appeals
38A
Section 46B of the Act shall apply to decisions made by the Secretary of State or the Director under these Regulations as they apply to such decisions made under the Act.
Patricia Hewitt,
Minister for Small Business and E Commerce,
Department of Trade and Industry
26th November 1999


text:
Citation and commencement and application
1
1
These Regulations may be cited as the Education (Education Standards Etc. Grants) (England) Regulations 1999 and shall come into force on 1st April 1999.
2
These Regulations apply in relation to local education authorities in England.
Interpretation
2
1
In these Regulations–
“the 1989 Act ” means the Local Government and Housing Act 1989 ;
“the 1996 Act ” means the Education Act 1996;
“the 1998 Act ” means the School Standards and Framework Act 1998 ;
“advanced skills teacher” means a teacher who has been certified by an assessor appointed by the Secretary of State for Education and Employment as eligible for appointment to that post and who has been so appointed;
“annual review meeting” means a meeting to review a statement of special educational needs such as is referred to in regulations 15(5), 16(3) and 17(3) of the Education (Special Educational Needs) Regulations 1994 ;
“approved expenditure” means any expenditure which is approved as provided in regulation 3 below;
“asset management plan” means a plan prepared by an education authority which sets out priorities for capital expenditure on schools and the approach proposed locally to dealing with them;
“beacon school” means a maintained school participating in the Department for Education and Employment’s pilot programme for beacon schools which requires schools to undertake responsibilities in relation to disseminating good practice in schools;
“classroom assistant” means an employee of an education authority or of the governing body of a school who is normally present in a classroom with a teacher and who assists the teacher;
“determine” means determine by notice in writing;
“early excellence centre” means an institution for providing education and other related services for children under compulsory school age (whether or not it also provides such services for other persons) participating in the Department for Education and Employment’s pilot programme for early excellence centres;
“early years development partnership” means a body established in accordance with section 119(1) of the 1998 Act;
“early years development plan” means a plan prepared by an education authority in accordance with section 120 of the 1998 Act;
“education authority” means a local education authority;
“education development plan” means a plan prepared by an education authority in accordance with section 6 of the 1998 Act;
“family literacy programmes” means programmes which enable parents to improve their own literacy skills while helping their children to read and write;
“family numeracy programmes” means programmes which enable parents to improve their own numeracy skills while helping their children with numeracy;
“key skills qualification” means a qualification accredited as such by the Qualifications and Curriculum Authority under section 24(2)(g) of the Education Act 1997 ;
“key stage 2” means the second key stage referred to in section 355(1)(b) of the 1996 Act;
“key stage 3” means the third key stage referred to in section 355(1)(c) of the 1996 Act;
“leading mathematics teacher” means an experienced mathematics teacher who is required to provide demonstration mathematics lessons;
“local authority lifelong learning development plan” means a plan prepared by an education authority setting out the steps it proposes to take to improve the learning opportunities for adults and widen participation in learning;
“mainstream school” means a maintained school other than a special school;
“maintained school” means
a school maintained by an education authority; or
in relation to any time before 1st September 1999, a grant-maintained school or a grant-maintained special school;
“National Grid for Learning” means a system of inter-connecting networks and education services based on the Internet which is designed to support teaching, learning, training and administration in schools, the wide education service, and the community;
“non-maintained special school” means a special school which is not a maintained special school;
“nursery education” has the meaning given to it in section 117 of the 1998 Act;
“prescribed expenditure” means
expenditure by an education authority for or in connection with any of the purposes specified in Schedule 1 other than the purpose specified in paragraph 25(b); or
expenditure by an education authority which satisfies the conditions specified in paragraph (2) below for or in connection with the purpose specified in paragraph 25(b) of Schedule 1;
“relevant lender” has the meaning given to it in regulation 65(1) of the Local Authorities (Capital Finance) Regulations 1997 ;
“school day” has the meaning given to it in section 579(1) of the Education Act 1996;
“school development plan” means a plan prepared by a school which sets out its main goals, what action is necessary to achieve those goals, the resources required and how success will be measured;
“special educational needs” has the meaning given to it in section 312 of the 1996 Act;
“special needs assistant” means an employee of an education authority or of the governing body of a school who is normally present in a classroom with a teacher and who assists the teacher in relation to children with special educational needs;
“special school” has the meaning given to it in section 337(1) of the 1996 Act;
“specialist school” means a maintained school which specialises in–
mathematics, science and technology;
modern foreign languages;
the fine arts, performing arts or the media arts; or
sport;
“standards fund grant” means a grant under these Regulations;
“study support centre” means a centre providing an out of school hours learning programme aimed at raising standards in literacy and numeracy;
“summer literacy school” means a scheme taking place during the summer holidays which aims to raise standards of literacy in pupils who are about to join secondary school;
“summer numeracy school” means a scheme taking place during the summer holidays which aims to raise standards of numeracy in pupils who are about to join secondary school;
“supply teacher” means a teacher employed wholly or mainly for the purpose of supervising and so far as practicable teaching any pupils whose teacher is not available to teach them;
“teacher” means a person who by virtue of regulations relating to the employment of teachers from time to time in force under section 218 of the Education Reform Act 1988 is qualified to be employed as a teacher at a school of the kind described in subsection (12) of that section; and
“youth and community worker” means a person employed or working in a voluntary capacity in connection with the provision of facilities of a kind mentioned in sections 2(3)(b) or 508 of the 1996 Act other than a person undertaking duties that are solely administrative, secretarial, clerical or manual.
2
The conditions referred to in sub-paragraph (b) of the definition of “prescribed expenditure” in paragraph (1) above are that on 1st April 1999 the education authority–
a
has a credit ceiling, as determined under Part III of Schedule 3 to the 1989 Act which was nil or a negative amount; and
b
had no money outstanding by way of borrowing other than–
i
short-term borrowing (within the meaning of section 45(6) of the 1989 Act); or
ii
borrowing undertaken before 24th August 1995, other than borrowing by the issue of stock on or after 15th December 1993 from a person who is not a relevant lender.
Expenditure in respect of which standards fund grants are payable
3
Standards fund grants shall only be payable in respect of prescribed expenditure incurred or to be incurred in a financial year to the extent to which that expenditure is approved for that year by the Secretary of State for the purposes of these Regulations.
Standards fund grants in respect of payments to third parties
4
Where–
a
an education authority incurs expenditure in making payments, whether by way of maintenance, assistance or otherwise, to any other body or persons (including another education authority) who incur expenditure for or in connection with educational purposes, and
b
that expenditure of the recipient of the payments or any part thereof would be prescribed expenditure if it were expenditure of the authority,
such payments shall to that extent be treated as prescribed expenditure for the purposes of these Regulations.
Rate of standards fund grant
5
1
Except as provided in paragraph (2) below, standards fund grants in respect of approved expenditure incurred on or after 1st April 1999 shall be payable at the rate of 50 per cent. of such expenditure in respect of items referred to in the paragraphs of Schedule 1 other than paragraph 28.
2
Standards fund grants in respect of approved expenditure incurred on or after 1st April 1999 in respect of items referred to in the paragraphs of Schedule 1 listed in the left hand column of the table below shall be payable at the percentage rate of such expenditure specified in relation thereto in the right hand column of the table.
Paragraph in Schedule 1 Rate (%)
2a 100 3a 100 4 100 6 100 23 75 24 100 25 100 26 65 27a 100 29 100 30 100 31 100 32 100 33 100 34 100 35 100
3
Standards fund grants in respect of approved expenditure incurred on or after 1st April 1999 in respect of items referred to in paragraph 28 of Schedule 1 shall be payable, in relation to the education authorities listed in the left hand column of the table in Schedule 2, at the percentage rate of such expenditure specified in the right hand column of the table.
Conditions for payment of standards fund grant
6
1
No payment of standards fund grant shall be made except in response to an application in writing from an education authority to the Secretary of State, authenticated by the officer of the authority responsible for the administration of their financial affairs or his deputy.
2
Applications for the payment of standards fund grant which relate to expenditure incurred on or after 1st April 1999 shall relate to expenditure over one or more of the periods specified in paragraph (3) below and shall specify the approved expenditure in respect of which grant is applied for which has been or which it is estimated will be incurred by the education authority during each such period.
3
The periods referred to in paragraphs (2), (4) and (6) of this regulation are–
a
1st April to 31st July;
b
1st August to 31st December;
c
1st January to 31st March.
4
Where an application relating to approved expenditure which has been or which it is estimated will be incurred during the period commencing on 1st January in any year is submitted under paragraph (1) above, such payment as the Secretary of State may determine may be made forthwith, but no further payment of standards fund grant shall be made in respect of that expenditure until a statement has been submitted in accordance with paragraph (5)(a) below.
5
Each education authority that has received or seeks to receive a payment of standards fund grant in respect of expenditure incurred during any financial year shall, before 31st July in the following financial year or as soon as practicable after that date–
a
submit to the Secretary of State a statement which shall specify the approved expenditure in respect of which standards fund grant has been or is being applied for which has been incurred by the education authority during that year; and
b
secure the submission to the Secretary of State of a certificate signed by the auditor appointed by the Audit Commission for Local Authorities and the National Health Service in England and Wales to audit the accounts of the authority or any auditor qualified for such appointment by virtue of sections 3(5), (6) and (7) of the Audit Commission Act 1998 certifying that in his opinion the particulars stated in the statement submitted by the authority pursuant to this paragraph are fairly stated and that the expenditure incurred was approved for the purposes of section 484 or, in the case of expenditure in respect of the items in paragraph 26 of the First Schedule, section 488 of the 1996 Act.
6
No payment of standards fund grant shall be made in respect of expenditure incurred by an education authority in the period beginning on 1st August in any year or any subsequent period if standards fund grant was paid to the authority in respect of expenditure in the previous financial year but the Secretary of State has not yet received the auditor’s certificate referred to in paragraph (5)(b) above for that year.
7
Any under-payment or over-payment of standards fund grant which remains outstanding following receipt of the auditor’s certificate referred to in paragraph (5)(b) above shall, without prejudice to the recovery of any over-payment from any subsequent payment of standards fund grant to the education authority, be adjusted by payment between the authority and the Secretary of State.
7
Where at the time of approving expenditure for the purposes of these Regulations, the Secretary of State requests information in respect of any purpose listed in Schedule 1, payment of standards fund grant in respect of that purpose shall be conditional on that information being included in the education authority’s application for payment of grant.
8
1
The Secretary of State may from time to time determine further conditions on the fulfilment of which the making of any payment under these Regulations shall be dependent.
2
Where conditions have been determined under this regulation no standards fund grant shall be payable unless such conditions have either been fulfilled or been withdrawn under paragraph (3) below.
3
The Secretary of State may determine to withdraw or, after consulting the education authority, vary conditions determined under this regulation.
Requirements to be complied with
9
Any education authority to whom a payment of standards fund grant has been made shall, if so required by the Secretary of State, furnish him with such further information as may be required to enable him to verify that any grant paid has been properly paid under these Regulations.
10
1
Any education authority to whom a payment of standards fund grant has been made shall comply with such requirements as may be determined by the Secretary of State in the case in question.
2
Requirements determined under this regulation may in particular include requirements as to–
a
the repayment of standards fund grant;
b
the payment to the Secretary of State of other sums related to the value of assets acquired, provided or improved–
i
with the aid of standards fund grant; or
ii
by any other body or persons referred to in regulation 4(a) above with the aid of payments made by the authority in respect of which standards fund grant has been paid; or
c
the payment of interest on sums due to the Secretary of State.
11
1
The Secretary of State may require any education authority to whom a payment of standards fund grant in respect of the items specified in paragraphs 1(a), 1(b), 3(a), 3(b), 8, 11, 16, 17, 19, 22, 23, 24, 25, 28, 30 or 35 of Schedule 1 is made to delegate decisions about the spending of–
a
such grant, and
b
the amount allocated by the authority to meet the prescribed expenditure approved in accordance with regulation 3,
to the governing body of a maintained school.
2
The Secretary of State may determine to withdraw or, after consulting the education authority, vary requirements determined in pursuance of this regulation.
Revocation, amendment and transitional provisions
12
1
The following Regulations are hereby revoked, namely–
a
The Education (Grants for Education Support and Training) (England) Regulations 1998 ;
b
the Education (Grants for Education Support and Training) (England) Regulations 1998 (Amendment) Regulations 1998 ;
c
the Education (Grants for Education Support and Training) (England) Regulations 1998 (Amendment) ( No. 2) Regulations 1998 ;
d
the Education (Grants for Education Support and Training) (England) Regulations 1998 (Amendment) Regulations 1999 ; and
e
the Education (Grants for Education Support and Training) (England) Regulations 1998 (Amendment No. 2) Regulations 1999 .
2
a
The Education (Grants) (Travellers and Displaced Persons) Regulations 1993 shall be amended as follows;
b
i
In regulation 2(1) for the definition of “authority” there shall be substituted the following definition–
“authority” means a local education authority in Wales;
; and
ii
in regulation 5 there shall be omitted the words“authorities or” in the first place where those words occur.
3
Nothing in paragraphs (1) or (2) above shall prevent the Secretary of State making payments of grant authorised by the Regulations revoked or, as the case may be, amended by either of those paragraphs in respect of expenditure incurred on or before 31st March 1999 or affect any condition or requirement determined by or in accordance with any of those Regulations.
Minister of State,
Department for Education and Employment
1999


text:
1
This Order may be cited as the A40 Trunk Road (Old Oak Common Lane and Old Oak Road, Ealing and Hammersmith and Fulham) (Prohibition of Traffic Movements) Order 1999 and shall come into force on 21st June 1999.
2
In this Order:
“the trunk road” means that length of the A40 Trunk Road in the London Borough of Ealing known as Western Avenue and in the London Borough of Hammersmith and Fulham known as Westway;
“Old Oak Common Lane” means the road of that name in the London Borough of Ealing and on the border between that borough and the London Borough of Hammersmith and Fulham;
“Old Oak Road” means the road of that name on the border between the London Boroughs of Ealing and Hammersmith and Fulham.
3
Save as provided in article 4 below, no person shall cause or permit any vehicle
a
proceeding in the northbound carriageway of Old Oak Common Lane to make a turn at the junction between Old Oak Common Lane and the trunk road so as to proceed in a southerly direction along Old Oak Road.
b
proceeding in the southbound carriageway of Old Oak Road to turn right into the eastbound slip road from Old Oak Common Lane, 17 metres south of its junction with the trunk road.
4
Nothing in article 3 above shall apply to:
a
any vehicle being used for Police, Fire Brigade or Ambulance purposes or
b
anything done at the direction or with the permission of a constable in uniform or a traffic warden.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
A.R. Mellors
A Grade 7 Officer, Highways Agency, London Network & Customer Services Division
14th June 1999