text:
1
This Order may be cited as the Northern Ireland (Location of Victims' Remains) Act 1999 (Immunities and Privileges) Order 1999 and shall come into force on the date on which the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Ireland establishing the Independent Commission for the Location of Victims' Remains (“the Agreement”) enters into force. That date shall be notified in the London, Edinburgh and Belfast Gazettes.
Interpretation
2
1
In this Order–
“ Commission ” means the Independent Commission for the Location of Victims' Remains established by the Agreement;
“Member of the Commission” means a person appointed in terms of Article 4 of the Agreement;
“the 1961 Convention Articles ” means the Articles (being certain Articles of the Vienna Convention on Diplomatic Relations signed in 1961) which are set out in Schedule 1 to the Diplomatic Privileges Act 1964 .
2
For the purposes of this Order, the official activities of the Commission means its activities carried out in pursuance of its purpose as defined in the Agreement and includes its administrative activities.
The Commission
3
The Commission shall have the legal capacities of a body corporate.
4
Except in so far as in any particular case any privilege or immunity is waived by the Commission, the Commission shall have immunity from suit and legal process.
5
Except in so far as in any particular case any privilege or immunity is waived by the Commission, the Commission shall have the like inviolability of official archives and premises as in accordance with the 1961 Convention Articles is accorded in respect of the official archives and premises of a diplomatic mission.
6
The Commission shall have exemption from prohibitions and restrictions on importation and exportation in the case of goods imported or exported by or on behalf of the Commission and necessary for the exercise of its official activities.
Members of the Commission
7
Except in so far as in any particular case any privilege or immunity is waived by the Commission, the Members of the Commission shall enjoy–
a
immunity from suit and legal process in respect of things done or omitted to be done by them in the course of their official duties;
b
unless they are British citizens, British Dependent Territories citizens, British Overseas citizens, British Nationals (Overseas) or permanently resident in the United Kingdom, exemption from income tax in respect of the salaries and emoluments received by them as Members of the Commission, provided that nothing in this sub-paragraph shall be interpreted as precluding such salaries and emoluments from being taken into account for the purposes of assessing the amount of taxation to be applied to income from other sources;
c
unless they are British citizens, British Dependent Territories citizens, British Overseas citizens, British Nationals (Overseas) or permanently resident in the United Kingdom, exemptions whereby for the purposes of the enactments relating to social security, including enactments in force in Northern Ireland:–
i
services rendered for the Commission by them shall be deemed to be excepted from any class of employment in respect of which contributions under those enactments are payable, but
ii
no person shall be rendered liable to pay any contribution which he would not be required to pay if those services were not deemed to be so excepted.
Staff of the Commission
8
Except in so far as in any particular case any privilege or immunity is waived by the Commission, the staff of the Commission shall enjoy:
a
immunity from suit and legal process in respect of things done or omitted to be done by them in the course of the performance of their official duties;
b
unless they are British citizens, British Dependent Territories citizens, British Overseas citizens, British Nationals (Overseas) or permanently resident in the United Kingdom, exemption from income tax in respect of the salaries and emoluments received by them as staff of the Commission, provided that nothing in this subparagraph shall be interpreted as precluding such salaries and emoluments from being taken into account for the purposes of assessing the amount of taxation to be applied to income from other sources;
c
unless they are British citizens, British Dependent Territories citizens, British Overseas citizens, British Nationals (Overseas) or permanently resident in the United Kingdom, exemptions whereby for the purposes of the enactments relating to social security, including enactments in force in Northern Ireland:–
i
services rendered for the Commission by them shall be deemed to be excepted from any class of employment in respect of which contributions under those enactments are payable, but
ii
no person shall be rendered liable to pay any contribution which he would not be required to pay if those services were not deemed to be so excepted.
Agents or Persons Performing Functions Assigned to them
9
Except in so far as in any particular case any privilege or immunity is waived by the Commission, agents or persons performing functions assigned to them by the Commission shall enjoy immunity from suit and legal process in respect of things done or omitted to be done by them in the course of the performance of their official duties.
Baroness Symons
For Her Majesty’s Principal Secretary of State for Foreign and Commonwealth Affairs
27th May 1997


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) ( No. 2) Order 1998 Partial Revocation (No. 2) Order 1999 and shall come into force at 18.00 hours on 30th March 1999.
Revocation
2
The Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No. 2) Order 1998 insofar as it remains in force is revoked.
J R Wildgoose
Assistant Secretary, Scottish Office
Pentland House,
Edinburgh
30th April 1999


text:
Citation and commencement
1
These Regulations may be cited as the Retirement Benefits Schemes (Restriction on Discretion to Approve) (Additional Voluntary Contributions) (Amendment) Regulations 1999 and shall come into force on 30th July 1999.
Interpretation
2
In these Regulations, unless the context otherwise requires, “the principal Regulations ” means the Retirement Benefits Schemes (Restriction on Discretion to Approve) (Additional Voluntary Contributions) Regulations 1993 and “regulation” means a regulation of the principal Regulations.
Amendments to the principal Regulations
3
1
Regulation 4 is amended as follows.
2
In paragraph (4) for the words “The administrator” there shall be substituted the words “Subject to paragraph (4A), the administrator”.
3
After paragraph (4) there shall be inserted the following paragraphs–
4A
The administrator of the scheme may pay a benefit to an employee in a case where he has not received a benefit certificate from the administrator of the main scheme as mentioned in paragraph (4) or, where the scheme is not the leading scheme in relation to the employee, an authorisation from the administrator of the leading scheme as mentioned in that paragraph, as the case may be, if–
a
the employee has either–
i
attained the age of 50 years, or
ii
become incapable through infirmity of body or mind of carrying on his normal occupation or any occupation of a similar nature for which he is trained or fitted, and
b
benefits have neither ceased to accrue to the employee in the circumstances mentioned in regulation 5(5)(c)(i) nor become payable to the employee in the circumstances mentioned in regulation 5(5)(c)(ii).
4B
Where–
a
an employee has notified the administrator of the scheme that he wishes the payment of benefits under the scheme to be deferred until a date after the event referred to in regulation 5(5)(c)(ii) (not being a date later than the day on which the employee attains the age of 75 years), and
b
the employee dies after the event referred to in regulation 5(5)(c)(ii) but before any payment of benefits under the scheme has been made,
the provisions of regulation 6 (with the exception of sub-paragraphs (a) and (b) of paragraph (6) of that regulation) shall apply on the assumption (if not otherwise the case) that the scheme is the leading scheme in relation to the employee.
4
In paragraph (5) for sub-paragraph (a) there shall be substituted–
a
shall be made–
i
in a case where paragraph (4B) applies, as soon as possible after the administrator has made the calculation required by regulation 6 (as applied by that paragraph), and
ii
in any other case, as soon as possible following receipt of notice from the leading scheme in relation to the employee of the benefits which may be paid by the scheme;
.
4
In regulation 5(3), the word “and” immediately following sub-paragraph (a) shall be omitted, and after sub-paragraph (b) there shall be inserted the following sub-paragraph–
and
c
where regulation 4(4B) applies, within 30 days following receipt of a request from the administrator of the scheme referred to in that provision, provide that administrator with a copy of the benefit certificate provided under sub-paragraph (a).
5
In regulation 6(1)–
a
after the words “benefit certificate” there shall be inserted the words “or, where regulation 4(4B) applies, as soon as possible following the death of the employee referred to in sub-paragraph (b) of that provision”;
b
after the words “each kind of benefit” there shall be inserted the words “being paid or”.
Disapplication of section 591A(2) of the Income and Corporation Taxes Act 1988
6
The provisions contained in regulations 3(2) to 5 of these Regulations are specified provisions of a required description for the purposes of subsection (2) of section 591A of the Income and Corporation Taxes Act 1988.
S C T Matheson
Tim Flesher
Two of the Commissioners of Inland Revenue
9th July 1999


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security Amendment (Sports Awards) Regulations 1999 and shall come into force on 23rd August 1999.
2
In relation to any particular claimant for either family credit or disability working allowance, regulations 2 and 4 of these Regulations shall have effect, where a claimant has an award of either of those benefits —
a
which expires on 23rd August 1999, on 24th August 1999;
b
which expires after 23rd August 1999, on the day following the expiration of that award.
3
In these Regulations —
“the Council Tax Benefit Regulations” means the Council Tax Benefit (General) Regulations 1992 ;
“the Disability Working Allowance Regulations” means the Disability Working Allowance (General) Regulations 1991 ;
“the Family Credit Regulations” means the Family Credit (General) Regulations 1987 ;
“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 .
Common amendments: definition of “sports award”
2
1
In each of the regulations specified in paragraph (2) below (interpretation), there shall be inserted the following definition in the appropriate place —
“sports award” means an award made by one of the Sports Councils named in section 23(2) of the National Lottery etc. Act 1993 out of sums allocated to it for distribution under that section;
.
2
The regulations specified in this paragraph are —
a
regulation 2(1) of the Council Tax Benefit Regulations;
b
regulation 2(1) of the Disability Working Allowance Regulations;
c
regulation 2(1) of the Family Credit Regulations;
d
regulation 2(1) of the Housing Benefit Regulations;
e
regulation 2(1) of the Income Support Regulations;
f
regulation 1(3) of the Jobseeker’s Allowance Regulations.
Amendment of the Council Tax Benefit Regulations
3
1
The Council Tax Benefit Regulations shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 4 (remunerative work), after paragraph (6) , there shall be added the following paragraph —
7
A person shall not be treated as engaged in remunerative work on any day on which he is engaged in an activity in respect of which —
a
a sports award has been made, or is to be made, to him; and
b
no other payment is made or is expected to be made to him.
.
3
At the end of paragraph (2) in regulation 21 (earnings of self-employed earners) there shall be added the words “nor shall it include any sports award.”.
4
At the end of Schedule 4 (sums to be disregarded in the calculation of income other than earnings) there shall be added the following paragraph —
70
1
Any payment of a sports award except to the extent that it has been made in respect of any one or more of the items specified in sub-paragraph (2).
2
The items specified for the purposes of sub-paragraph (1) are food, ordinary clothing or footwear, household fuel or rent of the claimant or where the claimant is a member of a family, any other member of his family, or any council tax or water charges for which that claimant or member is liable.
3
For the purposes of sub-paragraph (2) —
“food” does not include vitamins, minerals or other special dietary supplements intended to enhance the performance of the person in the sport in respect of which the award was made;
“ordinary clothing and footwear” means clothing or footwear for normal daily use but does not include school uniforms or clothing or footwear used solely for sporting activities.
.
5
At the end of Schedule 5 (sums to be disregarded in the calculation of capital) there shall be added the following paragraph —
59
1
Any payment of a sports award for a period of 26 weeks from the date of receipt of that payment except to the extent that it has been made in respect of any one or more of the items specified in sub-paragraph (2).
2
The items specified for the purposes of sub-paragraph (1) are food, ordinary clothing or footwear, household fuel or rent of the claimant or, where the claimant is a member of a family, any other member of his family, or any council tax or water charges for which that claimant or member is liable.
3
For the purposes of sub-paragraph (2) —
“food” does not include vitamins, minerals or other special dietary supplements intended to enhance the performance of the person in the sport in respect of which the award was made;
“ordinary clothing and footwear” means clothing or footwear for normal daily use but does not include school uniforms or clothing or footwear used solely for sporting activities.
.
Amendment of the Disability Working Allowance Regulations and of the Family Credit Regulations
4
1
Both the Disability Working Allowance Regulations and the Family Credit Regulations shall be amended in accordance with the following paragraphs of this regulation.
2
After sub-paragraph (d) in paragraph (3) in both regulation 6 of the Disability Working Allowance Regulations and regulation 4 of the Family Credit Regulations , there shall be added the following sub-paragraph —
e
he is engaged in an activity in respect of which —
i
a sports award has been made, or is to be made, to him; and
ii
no other payment is made or is expected to be made to him.
.
3
At the end of paragraph (3) in both regulation 24 of the Disability Working Allowance Regulations and in regulation 21 of the Family Credit Regulations (earnings of self-employed earners) there shall be added the words “nor shall it include any sports award”.
4
There shall be added as paragraph 63 of Schedule 3 to the Disability Working Allowance Regulations and as paragraph 65 of Schedule 2 to the Family Credit Regulations (sums to be disregarded in the calculation of income other than earnings) the following paragraph —
1
Any payment of a sports award except to the extent that it has been made in respect of any one or more of the items specified in sub-paragraph (2).
2
The items specified for the purposes of sub-paragraph (1) are food, ordinary clothing or footwear, household fuel or housing costs of any member of the family or any council tax for which any member of the family is liable.
3
For the purposes of sub-paragraph (2) —
“food” does not include vitamins, minerals or other special dietary supplements intended to enhance the performance of the person in the sport in respect of which the award was made;
“housing costs” do not include accommodation costs incurred as a consequence of living away from home whilst training for, or competing in, the sport in respect of which the award was made;
“ordinary clothing and footwear” means clothing or footwear for normal daily use but does not include school uniforms or clothing or footwear used solely for sporting activities.
.
5
There shall be added as paragraph 57 of Schedule 4 to the Disability Working Allowance Regulations and paragraph 58 of Schedule 3 to the Family Credit Regulations (sums to be disregarded in the calculation of capital) the following paragraph —
1
Any payment of a sports award for a period of 26 weeks from the date of receipt of that payment except to the extent that it has been made in respect of any one or more of the items specified in sub-paragraph (2).
2
The items specified for the purposes of sub-paragraph (1) are food, ordinary clothing or footwear, household fuel or housing costs of any member of the family or any council tax for which any member of the family is liable.
3
For the purposes of sub-paragraph (2) —
“food” does not include vitamins, minerals or other special dietary supplements intended to enhance the performance of the person in the sport in respect of which the award was made;
“housing costs” do not include accommodation costs incurred as a consequence of living away from home whilst training for, or competing in, the sport in respect of which the award was made;
“ordinary clothing and footwear” means clothing or footwear for normal daily use but does not include school uniforms or clothing or footwear used solely for sporting activities.
.
Amendment of the Housing Benefit Regulations
5
1
The Housing Benefit Regulations shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 4 (remunerative work), after paragraph (6) , there shall be added the following paragraph —
7
A person shall not be treated as engaged in remunerative work on any day on which he is engaged in an activity in respect of which —
a
a sports award has been made, or is to be made, to him; and
b
no other payment is made or is expected to be made to him.
.
3
At the end of paragraph (2) in regulation 30 (earnings of self-employed earners) there shall be added the words “nor shall it include any sports award.”.
4
At the end of Schedule 4 (sums to be disregarded in the calculation of income other than earnings) there shall be added the following paragraph —
71
1
Any payment of a sports award except to the extent that it has been made in respect of any one or more of the items specified in sub-paragraph (2).
2
The items specified for the purposes of sub-paragraph (1) are food, ordinary clothing or footwear, household fuel or rent of the claimant or where the claimant is a member of a family, any other member of his family, or any council tax or water charges for which that claimant or member is liable.
3
For the purposes of sub-paragraph (2) —
“food” does not include vitamins, minerals or other special dietary supplements intended to enhance the performance of the person in the sport in respect of which the award was made;
“ordinary clothing and footwear” means clothing or footwear for normal daily use but does not include school uniforms or clothing or footwear used solely for sporting activities;
“rent” means eligible rent less any deductions in respect of non-dependants which fall to be made under regulation 63 (non-dependant deductions).
.
5
At the end of Schedule 5 (sums to be disregarded in the calculation of capital) there shall be added the following paragraph —
59
1
Any payment of a sports award for a period of 26 weeks from the date of receipt of that payment except to the extent that it has been made in respect of any one or more of the items specified in sub-paragraph (2).
2
The items specified for the purposes of sub-paragraph (1) are food, ordinary clothing or footwear, household fuel or rent of the claimant or, where the claimant is a member of a family, any other member of his family, or any council tax or water charges for which that claimant or member is liable.
3
For the purposes of sub-paragraph (2) —
“food” does not include vitamins, minerals or other special dietary supplements intended to enhance the performance of the person in the sport in respect of which the award was made;
“ordinary clothing and footwear” means clothing or footwear for normal daily use but does not include school uniforms or clothing or footwear used solely for sporting activities;
“rent” means eligible rent less any deductions in respect of non-dependants which fall to be made under regulation 63 (non-dependant deductions).
.
Amendment of the Income Support Regulations
6
1
The Income Support Regulations shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 6 (persons not treated as engaged in remunerative work), after paragraph (1) , there shall be added the following paragraph —
m
he is engaged in an activity in respect of which —
i
a sports award has been made, or is to be made, to him; and
ii
no other payment is made or is expected to be made to him.
.
3
After paragraph (2)(b) in regulation 37 (earnings of self-employed earners) there shall be added the following sub-paragraph —
c
any sports award.
.
4
At the end of Schedule 9 (sums to be disregarded in the calculation of income other than earnings) there shall be added the following paragraph —
69
1
Any payment of a sports award except to the extent that it has been made in respect of any one or more of the items specified in sub-paragraph (2).
2
The items specified for the purposes of sub-paragraph (1) are food, ordinary clothing or footwear, household fuel, rent for which housing benefit is payable or any housing costs to the extent that they are met under regulation 17(1)(e) or 18(1)(f) (housing costs) or any accommodation charges to the extent that they are met under regulation 19 (persons in residential care or nursing homes), of the claimant or, where the claimant is a member of a family, any other member of his family, or any council tax or water charges for which that claimant or member is liable.
3
For the purposes of sub-paragraph (2) —
“food” does not include vitamins, minerals or other special dietary supplements intended to enhance the performance of the person in the sport in respect of which the award was made;
“ordinary clothing and footwear” means clothing or footwear for normal daily use but does not include school uniforms or clothing or footwear used solely for sporting activities.
.
5
At the end of Schedule 10 (sums to be disregarded in the calculation of capital) there shall be added the following paragraph —
56
1
Any payment of a sports award for a period of 26 weeks from the date of receipt of that payment except to the extent that it has been made in respect of any one or more of the items specified in sub-paragraph (2).
2
The items specified for the purposes of sub-paragraph (1) are food, ordinary clothing or footwear, household fuel, rent for which housing benefit is payable or any housing costs to the extent that they are met under regulation 17(1)(e) or 18(1)(f) (housing costs) or any accommodation charges to the extent that they are met under regulation 19 (persons in residential care or nursing homes), of the claimant or, where the claimant is a member of a family, any other member of his family, or any council tax or water charges for which that claimant or member is liable.
3
For the purposes of sub-paragraph (2) —
“food” does not include vitamins, minerals or other special dietary supplements intended to enhance the performance of the person in the sport in respect of which the award was made;
“ordinary clothing and footwear” means clothing or footwear for normal daily use but does not include school uniforms or clothing or footwear used solely for sporting activities.
.
Amendment of the Jobseeker’s Allowance Regulations
7
1
The Jobseeker’s Allowance Regulations shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 53 (persons treated as not engaged in remunerative work), after paragraph (h), there shall be added the following paragraph —
i
he is engaged in an activity in respect of which —
i
a sports award had been made, or is to be made, to him; and
ii
no other payment is made or is expected to be made to him.
.
3
After paragraph (2)(b) in regulation 100 (earnings of self-employed earners) there shall be added the following sub-paragraph —
c
any sports award.
.
4
At the end of Schedule 7 (sums to be disregarded in the calculation of income other than earnings) there shall be added the following paragraph —
67
1
Any payment of a sports award except to the extent that it has been made in respect of any one or more of the items specified in sub-paragraph (2).
2
The items specified for the purposes of sub-paragraph (1) are food, ordinary clothing or footwear, household fuel, rent for which housing benefit is payable or any housing costs to the extent that they are met under regulation 83(f) or 84(1)(g) (housing costs) or any accommodation charges to the extent that they are met under regulation 86 (persons in residential care or nursing homes), of the claimant or, where the claimant is a member of a family, any other member of his family, or any council tax or water charges for which that claimant or member is liable.
3
For the purposes of sub-paragraph (2) —
“food” does not include vitamins, minerals or other special dietary supplements intended to enhance the performance of the person in the sport in respect of which the award was made;
“ordinary clothing and footwear” means clothing or footwear for normal daily use but does not include school uniforms or clothing or footwear used solely for sporting activities.
.
5
At the end of Schedule 8 (sums to be disregarded in the calculation of capital) there shall be added the following paragraph —
51
1
Any payment of a sports award for a period of 26 weeks from the date of receipt of that payment except to the extent that it has been made in respect of any one or more of the items specified in sub-paragraph (2).
2
The items specified for the purposes of sub-paragraph (1) are food, ordinary clothing or footwear, household fuel, rent for which housing benefit is payable or any housing costs to the extent that they are met under regulation 83(f) or 84(1)(g) (housing costs) or any accommodation charges to the extent that they are met under regulation 86 (persons in residential care or nursing homes), of the claimant or, where the claimant is a member of a family, any other member of his family, or any council tax or water charges for which that claimant or member is liable.
3
For the purposes of sub-paragraph (2) —
“food” does not include vitamins, minerals or other special dietary supplements intended to enhance the performance of the person in the sport in respect of which the award was made;
“ordinary clothing and footwear” means clothing or footwear for normal daily use but does not include school uniforms or clothing or footwear used solely for sporting activities.
.
Signed by authority of the Secretary of State for Social Security.
Angela Eagle
Parliamentary Under-Secretary of State,
Department of Social Security
29th July 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Medicines (Products Other Than Veterinary Drugs) (General Sale List) Amendment (No. 2) Order 1999 and shall come into force on 30th September 1999.
2
In this Order —
a
“the principal Order ” means the Medicines (Products Other Than Veterinary Drugs) (General Sale List) Order 1984 ;
b
“Table A of Schedule 1” means Table A (internal or external use) of Schedule 1 to the principal Order (which specifies the class of medicinal products, other than products the subject of a product licence of right, on general sale by virtue of article 2(a) of the principal Order);
c
any reference to an entry in Table A of Schedule 1 which comprises the name of a substance is a reference to such an entry as it occurs in column 1 of that Table.
Amendment of Schedule 1 to the principal Order
2
1
Table A of Schedule 1 is amended as follows —
a
against the entry for “Ibuprofen” , there is inserted in column 3, in the entry numbered “(2)”, before the words “rheumatic pain”, the word “backache”;
b
against the entry for “Lignocaine Hydrochloride” , there is inserted —
i
in column 2, after the entry numbered “(2)”, the words “(3) 2.0 per cent”; and
ii
in column 3, after the entry numbered “(2)”, the words “(3) External, except local ophthalmic use; for use in adults and in children aged 12 years and over; all preparations except sprays”; and
c
against the entry for “Zinc Sulphate”, there is substituted for the entry in column 2 “(2) 0.25 per cent”, the entry “(2) 1.0 per cent”.
2
In Table A of Schedule 1, there is inserted in column 1, at the appropriate place in the alphabetical order of the entries as they appear in that column, the entry set out in column 1 below, and, against that entry, there is inserted in columns 2, 3 and 4 the corresponding text in columns 2, 3 and 4 below:
Column 1 Column 2 Column 3 Column 4
Substance Maximum strength Use, pharmaceutical form or route of administration Maximum dose and maximum daily dose Ranitidine Hydrochloride 75mg Tablets; for the short term symptomatic relief of heartburn, indigestion, acid indigestion and hyperacidity 150mg (MDD).
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under Secretary of State,
Department of Health
6th September 1999
David Hanson
Parliamentary Under Secretary of State, The Welsh Office
8th September 1999
John Reid
Secretary of State, The Scotland Office
8th September 1999
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on
D. C. Gowdy
Permanent Secretary
8th September 1999


text:
1
This Order may be cited as the Public Telecommunication System Designation (Farland Services UK Limited) Order 1999 and shall come into force on 23rd November 1999.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Patricia Hewitt
Minister for Small Business and E-Commerce,
Department of Trade and Industry
18th October 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Scotland Act 1998 (Modifications of Schedules 4 and 5) Order 1999 and shall come into force on the principal appointed day
2
In this Order, “ the Act ” means the Scotland Act 1998.
Financial assistance for political parties
2
1
In Part I of Schedule 4 to the Act (enactments etc. protected from modification by the Parliament), in paragraph 4 (protection of the Act), in sub-paragraph (2), for “and 93” there is substituted “, 93 and 97”.
2
In Part I of Schedule 5 to the Act (general reservations), at the end of paragraph 6 (political parties) there is inserted “but this paragraph does not reserve making payments to any political party for the purpose of assisting members of the Parliament who are connected with the party to perform their Parliamentary duties”.
Export Credits Guarantee Department
3
In Part I of Schedule 5 to the Act, at the end of paragraph 2 (Crown functions) there is inserted–
5
Sub-paragraph (1) does not affect the reservation by paragraph 1 of the functions exercisable through the Export Credits Guarantee Department.
.
Interception of communications
4
1
In Part II of Schedule 5 to the Act (specific reservations), in Section B8, after “but not” there is inserted–
a
the interception of any communication made to or by a person detained at a place of detention, if the communication-
i
is a written communication and is intercepted there, or
ii
is intercepted in the course of its transmission by means of a private telecommunication system running there,
b
.
2
At the end of that Section there is inserted–
Interpretation
“Place of detention” means a prison, young offenders institution, remand centre or legalised police cell (as those expressions are defined for the purposes of the Prisons (Scotland) Act 1989 or a hospital (within the meaning of the Mental Health (Scotland) Act 1984 ; and “person detained”, in relation to a hospital, means a person detained there within the meaning given by section 6(1) of the Sex Offenders Act 1997 as it extends to Scotland.
“Private telecommunication system” means a telecommunication system which is not a public telecommunication system (as those expressions are defined for the purposes of the Telecommunications Act 1984
.
Access to information
5
In Part II of Schedule 5 to the Act, after Section B12, there is inserted–
Access to information
B13
Public access to information held by public bodies or holders of public offices (including government departments and persons acting on behalf of the Crown).
Exception
Information held by–
a
the Parliament,
b
any part of the Scottish Administration,
c
the Parliamentary corporation,
d
any Scottish public authority with mixed functions or no reserved functions,
unless supplied by a Minister of the Crown or government department and held in confidence.
.
Health and safety at work
6
1
In Part II of Schedule 5 to the Act, in Section H2, for the words from “the following” to “not reserved” there is substituted
Part I of the Health and Safety at Work etc. Act 1974
The Health and Safety Commission, the Health and Safety Executive and the Employment Medical Advisory Service.
Interpretation
For the purposes of the reservation of the subject-matter of Part I of the Health and Safety at Work etc. Act 1974–
a
“work” and “at work” in that Part are to be taken to have the meaning they have on the principal appointed day;
b
that subject-matter includes–
i
process fire precautions;
ii
fire precautions in relation to petroleum and petroleum spirit;
iii
fire safety on construction sites, ships and hovercraft, in mines and on offshore installations; and
iv
fire safety on any other premises which, on the principal appointed day, are of a description specified in Part I of Schedule 1 to the Fire Certificates (Special Premises) Regulations 1976
but does not include any other aspect of fire safety.
.
2
In section 13 of the Health and Safety at Work etc. Act 1974 (other powers of the Health and Safety Commission), any reference in subsection (1)(b) or (2) to a Minister of the Crown (other than the reference in subsection (1)(b) to the Secretary of State) includes the Scottish Ministers.
A. K. Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Income Support (General) and Jobseeker’s Allowance Amendment (No. 2) Regulations 1999 and shall come into force on 7th January 2000.
Amendment of the Income Support (General) Regulations 1987
2
In regulation 42 of the Income Support (General) Regulations 1987 (notional income) —
a
in paragraph (3), for the words “or (3B)” there shall be substituted the words “, (3B) or (3C)”;
b
after paragraph (3B), there shall be inserted the following paragraph —
3C
This paragraph applies to any earnings which are due to an employed earner on the termination of his employment by reason of redundancy but which have not been paid to him.
.
Amendment of the Jobseeker’s Allowance Regulations 1996
3
After sub-paragraph (c) in regulation 105(7) of the Jobseeker’s Allowance Regulations 1996 (notional income) there shall be added the following sub-paragraph —
d
any earnings which are due to an employed earner on the termination of his employment by reason of redundancy but which have not been paid to him.
.
Signed by authority of the Secretary of State for Social Security.
Angela Eagle
Parliamentary Under-Secretary of State,
Department of Social Security
13th December 1999


text:
Citation and commencement
1
1
This Order may be cited as the Scotland Act 1998 (Cross-Border Public Authorities) (Specification) Order 1999.
2
This Order shall come into force on the principal appointed day .
Specification of bodies etc.
2
The bodies, government departments, offices and office-holders mentioned in column 1 of the Schedule to this Order (and which are constituted by the enactment or, as the case may be, instrument, if any, mentioned in the corresponding entry in column 2 of that Schedule) are hereby specified for the purposes of section 88(5) of the Scotland Act 1998.
A. K. Galloway
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the District of North Wiltshire (Electoral Changes) Order 1999.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 1st May 2003, on 10th October 2002;
b
for all other purposes, on 1st May 2003.
3
In this Order —
“district” means the district of North Wiltshire;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
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 District of North Wiltshire (Electoral Changes) Order 1999”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 ; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Wards of North Wiltshire
2
1
The existing wards of the district shall be abolished.
2
The district shall be divided into thirty-eight wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes, or parish or town wards, or parishes and parish wards or, where no area is so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) 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.
Wards of the town of Calne
3
1
The existing wards of the town of Calne shall be abolished.
2
The town shall be divided into six town wards which shall bear the names Abberd, Chilvester, Lickhill, Marden, Priestley and Quemerford; and the wards shall comprise the areas designated on sheet 5 by reference to the names of the wards and demarcated by orange lines.
3
The number of councillors to be elected for each of the Abberd, Lickhill, Marden, Priestley and Quemerford town wards shall be three and for the Chilvester town ward shall be two.
Wards of the parish of Calne Without
4
1
The existing wards of the parish Calne Without shall be abolished.
2
The parish shall be divided into six parish wards which shall bear the names of Calne Without, East, Middle, Pewsham, Sandy Lane and West; and the wards shall comprise the areas designated on sheet 5 by reference to the names of the wards and demarcated by orange lines.
3
The number of councillors to be elected for the West parish ward shall be six, for each of the East and Middle parish wards shall be three, for the Pewsham parish ward shall be two and for each of the Calne Without and Sandy Lane parish wards shall be one.
Wards of the town of Chippenham
5
1
The existing wards of the town of Chippenham shall be abolished.
2
The town shall be divided into nine town wards which shall bear the names set out in column (1) of Schedule 2; each town ward shall comprise the area of the district ward specified in respect of the town ward in column (2) of that Schedule, and the number of councillors to be elected for each town ward shall be the number specified in respect of the town ward in column (3) of that Schedule.
Wards of the parish of Chippenham Without
6
The parish of Chippenham Without shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 3; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule, and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Corsham
7
1
The existing wards of the parish of Corsham shall be abolished.
2
The parish shall be divided into five parish wards which shall bear the names Corsham, Gastard, Neston, Pickwick and Rudloe; and the wards shall comprise the areas designated on sheet 6 by reference to the names of the wards and demarcated by orange lines.
3
The number of councillors to be elected for each of the Corsham and Pickwick parish wards shall be seven, for the Neston parish ward shall be three, for the Gastard parish ward shall be two, and for the Rudloe parish ward shall be one.
Wards of the parish of Langley Burrell Without
8
The parish of Langley Burrell Without shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 4; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule, and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Councillors for the parish of Kington St. Michael
9
The number of councillors to be elected for the parish of Kington St. Michael shall be nine.
Revocation
10
The District of North Wiltshire (Electoral Arrangements) Order 1979 is hereby revoked.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Beverley Hughes
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
22nd October 1999


text:
Citation, commencement, expiry and interpretation
1
1
This Order may be cited as the Medicines (Aristolochia) (Temporary Prohibition) Order 1999, shall come into force on 28th October 1999 and shall continue in force until the end of 30th June 2001, when it shall expire.
2
In this Order–
“ the Act ” means the Medicines Act 1968;
“ 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.
Prohibition of sale, supply and importation of any medicinal product consisting of or containing Aristolochia
2
1
Subject to paragraphs (2), (3) and (4) below, the sale, supply and importation of any medicinal product consisting of or containing a plant belonging to a species of the genus Aristolochia , or any extract from such a plant, is prohibited.
2
The prohibition imposed by paragraph (1) above shall not apply where a medicinal product as referred to in that paragraph is sold or supplied to, or, in the case of importation, is imported by or on behalf of, any of the following persons–
a
a food analyst or food examiner within the meaning of section 30 of the Food Safety Act 1990 ;
b
a food analyst or food examiner within the meaning of Article 30 or 31 of the Food Safety (Northern Ireland) Order 1991 ;
c
an authorised officer within the meaning of section 5(6) of the Food Safety Act 1990, or Article 2(2) of the Food Safety (Northern Ireland) Order 1991;
d
a person duly authorised by an enforcement authority under sections 111 and 112 of the Act;
e
a sampling officer within the meaning of Schedule 3 to the Act.
3
The prohibition on importation imposed by paragraph (1) above shall not apply where a medicinal product as referred to in that paragraph is imported–
a
from a member State of the European Community; or
b
where the product originates in the European Economic Area, from an EEA State which is not also a member State of the European Community.
4
The prohibition imposed by paragraph (1) above shall not apply where a medicinal product as referred to in that paragraph is the subject of a product licence , a marketing authorization within the meaning of regulation 1(4)(a) of the Medicines for Human Use (Marketing Authorisations Etc.) Regulations 1994 or a certificate of registration within the meaning of regulation 1(2) of the Medicines (Homoeopathic Products for Human Use) Regulations 1994 .
Revocation
3
The Medicines (Aristolochia) (Emergency Prohibition) Order 1999 is revoked.
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under Secretary of State,
Department of Health
16th October 1999
Signed by authority of the Secretary of State for Wales
David Hanson
Parliamentary Under Secretary of State, Welsh Office
19th October 1999
John Reid
Secretary of State, Scotland Office
19th October 1999
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on 20th October 1999.
D.C. Gowdy
Permanent Secretary


text:
Citation and commencement
1
These Regulations may be cited as the Stamp Duty and Stamp Duty Reserve Tax (Open-ended Investment Companies) (Amendment No. 2) Regulations 1999 and shall come into force on 6th February 2000.
Interpretation
2
In these Regulations “ the principal Regulations ” means the Stamp Duty and Stamp Duty Reserve Tax (Open-ended Investment Companies) Regulations 1997 and “regulation” means a regulation of the principal Regulations.
Amendments to the principal Regulations
3
1
Regulation 2 shall be amended as follows.
2
The definitions of “the Board”, “open-ended investment company ” and “authorised corporate director”, and “the Taxes Act” shall be omitted.
3
Before the definition of “authorised unit trust” there shall be inserted the following definitions–
“authorised corporate director”, “open-ended investment company ”, “owner of shares” and “scheme property” have the meanings given by subsection (10) of section 468 of the Income and Corporation Taxes Act 1988 , read with subsections (11) to (18) of that section, as those subsections are added in relation to open-ended investment companies by regulation 10(4) of the Open-ended Investment Companies (Tax) Regulations 1997 ; and accordingly references in subsections (11) to (16) of that section to the “Tax Acts” shall be construed as if they included references both to the enactments relating to stamp duty and to the enactments relating to stamp duty reserve tax;
.
4
After the definition of “authorised unit trust” there shall be inserted the following definitions–
“the enactments relating to stamp duty” and “the enactments relating to stamp duty reserve tax” have the meanings given by section 152(6) of the Finance Act 1995;
“the relevant enactments relating to stamp duty or stamp duty reserve tax” means–
sections 88(1), 90(1) to (1B), 99(5A) and (5B) of the Finance Act 1986 , and
section 122(1) and (2) of, and paragraphs 1 to 9, 14 and 17 of Schedule 19 to, the Finance Act 1999;
.
5
For the definitions of “unit” and “unit trust scheme” there shall be substituted the following definitions–
“trust instrument”, “trust property”, “unit”, “unit holder ” and “unit trust scheme” have the meanings given by paragraph 14 of Schedule 19 to the Finance Act 1999.
4
For regulation 3 there shall be substituted the following regulation–
Stamp duty and stamp duty reserve tax treatment of open-ended investment companies
3
Subject to the modifications set out in regulations 4 to 4B, the relevant enactments relating to stamp duty or stamp duty reserve tax shall have effect in relation to open-ended investment companies in a manner corresponding to that in which they have effect in relation to unit trust schemes.
5
For regulation 4 there shall be substituted the following regulations–
General modifications of the relevant enactments relating to stamp duty or stamp duty reserve tax
4
1
Subject to the modifications specified in regulations 4A and 4B, the relevant enactments relating to stamp duty or stamp duty reserve tax shall be modified as follows in relation to open-ended investment companies.
2
References, however expressed, to–
a
a unit trust scheme, or
b
the trustees of a unit trust scheme,
shall have effect as if they were references to an open-ended investment company.
3
References, however expressed, to the managers of a unit trust scheme shall have effect as if they were references to the authorised corporate director of an open-ended investment company.
4
References, however expressed, to–
a
a unit under a unit trust scheme, or
b
an entitlement to a share of the trust property,
shall have effect as if they were references to a share in an open-ended investment company.
5
References, however expressed, to–
a
a unit holder, or
b
a person entitled to a unit,
shall have effect as if they were references to the owner of a share in an open-ended investment company.
6
References, however expressed, to trust property shall have effect as if they were references to scheme property.
7
References, however expressed, to a trust instrument shall have effect as if they were references to an instrument incorporating an open-ended investment company.
Modifications of Schedule 19 to the Finance Act 1999
4A
1
Schedule 19 to the Finance Act 1999 shall be modified as follows in relation to open-ended investment companies.
2
In paragraph 4–
a
in sub-paragraph (1)–
i
for the words “ units of the same class as the unit in question” there shall be substituted the word “shares”, and
ii
for the words “units of that class” there shall be substituted the word “shares”;
b
in sub-paragraph (3) for the words “units of the class” in both places where they occur there shall be substituted the word “shares”;
c
in sub-paragraph (4) for the words “units of the class in question” there shall be substituted the word “shares”;
d
after sub-paragraph (5) there shall be added the following sub-paragraph–
6
Where there is more than one class of shares in an open-ended investment company, the proportionate reduction of tax under this paragraph shall be calculated as if all the shares in the company had been converted into shares of a single class.
3
In paragraph 14–
a
for sub-paragraph (2) there shall be substituted the following sub-paragraph–
2
“Open-ended investment company” has, subject to paragraph 17, the meaning given by subsection (10) of section 468 of the Income and Corporation Taxes Act 1988, read with subsections (11) to (18) of that section, as those subsections are added in relation to open-ended investment companies by regulation 10(4) of the Open-ended Investment Companies (Tax) Regulations 1997; and accordingly references in subsection (11) to (16) of that section to the “Tax Acts” shall be construed as if they included references both to the enactments relating to stamp duty and to the enactments relating to stamp duty reserve tax; and those enactments shall have effect accordingly.
b
in sub-paragraph (3) the definitions of “trust instrument”, “trust property”, “unit” and “unit holder” shall be omitted.
4
In paragraph 17 sub-paragraph (4) shall be omitted.
Modifications of the Finance Act 1986
4B
1
Section 99 of the Finance Act 1986 (general interpretation provisions) shall be modified as follows in relation to open-ended investment companies.
2
In subsections (5A) paragraph (a) and the word “or” following it shall be omitted.
6
In regulation 5 for the words “of Part IV of the Finance Act 1986” there shall be substituted the words “the enactments relating to stamp duty reserve tax.”
7
Regulation 6 shall be omitted.
Bob Ainsworth
Greg Pope
Two of the Lords Commissioners of Her Majesty’s Treasury
7th December 1999


text:
Citation and commencement
1
These Regulations may be cited as the Education (Grants in respect of Voluntary Aided Schools) Regulations 1999 and shall come into force on 1st September 1999.
Interpretation
2
1
In these Regulations–
“the 1996 Act ” means the Education Act 1996;
“the 1998 Act ” means the School Standards and Framework Act 1998;
“associated school property” has the meaning given by regulation 4 below;
“eligible expenditure” means qualifying expenditure in respect of which the Secretary of State determines that a grant should be made in any particular case;
“market value” in relation to property means the value which that property might reasonably be expected to fetch on a sale in the open market as determined by the district valuer (within the meaning of section 622 of the Housing Act 1985 );
“net proceeds of disposal” means the proceeds of disposal of associated school property (other than disposal by way of the grant of a lease) less–
the incidental costs of making the disposal;
any expenditure incurred with the prior approval of the Secretary of State–
on making or keeping the property safe or secure until disposal,
which is necessary to effect a disposal, other than the incidental costs of making the disposal, or
on the payment of the premiums on any policy of insurance relating to the property; and
any payments made to the local education authority pursuant to a determination by the Secretary of State under section 60(4) or 62(2) of the 1996 Act or paragraph 2(6) of Schedule 3 or paragraph 3 of Schedule 22 to the 1998 Act.
“relevant school” in the context of the making of a grant means the school or proposed school in respect of which the grant is made.
2
For the purposes of the definition of “net proceeds of disposal” in paragraph (1) above the incidental costs of making the disposal shall consist of expenditure wholly and exclusively incurred for the purposes of the disposal being fees, commission or remuneration paid for the professional services of any surveyor, valuer, auctioneer, accountant, agent or legal adviser and the costs of transfer or conveyance together with costs of advertising to find a buyer.
3
In these Regulations except as regards any time before 1st July 1999 references to the Secretary of State shall be construed, in relation to any school situated in Wales, as references to the National Assembly for Wales .
Amount of grant
3
1
Subject to regulations 5 and 6 where grant is made in respect of qualifying expenditure of any of the classes or descriptions specified in paragraph (2) below the grant shall be 85% of
( A - B )
where–
A is eligible expenditure; and
B is,
in a case where associated school property is disposed of by way of sale (having not been previously disposed of by way of lease), the net proceeds of disposal of such property to the extent that such proceeds have become or are expected to become available to the governing body or to the trustees of the relevant school;
in a case where associated school property is disposed of by way of lease and the rent of such property has become or is expected to become available to the governing body or to the trustees of the relevant school, the market value of such property.
2
The classes or descriptions of qualifying expenditure referred to in paragraph (1) above are–
a
expenditure in respect of the provision of buildings for a school which has transferred to a new site–
i
under the authority of an order made under section 47 of the 1996 Act before 1st September 1999, or
ii
in circumstances where the transfer to the new site is not a prescribed alteration for the purpose of section 28(2)(b) of the 1998 Act;
b
expenditure in respect of the provision of a site and buildings for a school established pursuant to proposals–
i
approved by the Secretary of State under section 43 of the 1996 Act (whether or not an order has also been made under section 46(2) of that Act), or
ii
approved under paragraph 3 or 8 of Schedule 6 to the 1998 Act or determined to be implemented under paragraph 9 of that Schedule;
c
expenditure in respect of the provision of a site and buildings for a school consequent on, or necessary for the implementation of, –
i
any proposals published under section 41(2) of the 1996 Act approved by the Secretary of State under section 43 of this Act; or
ii
any proposals published under section 28(2)(b) of the 1998 Act to make a prescribed alteration to a school approved under paragraph 3 or 8 of Schedule 6 to the 1998 Act or determined to be implemented under paragraph 9 of that Schedule; or
d
expenditure in respect of alterations (other than those referred to in sub-paragraph (a) or (c)) to the premises of the school.
3
In paragraph (1) above references to the proceeds of disposal or to rent becoming available to the trustees of the relevant school include cases where such proceeds or rent becomes available to the trustees by virtue of an order under section 554 of the 1996 Act .
Meaning of associated school property
4
For the purposes of these Regulations associated school property is property other than a teacher’s dwelling house which was used for the purposes of or in connection with a school but in consequence of the establishment of, or alteration to the relevant school, is no longer so used.
Mixed trusts etc.
5
1
Where the associated school property was held by a charity established for charitable purposes which are partly educational purposes and partly other purposes the value of B for the purpose of regulation 3 above shall be the proportion of the net proceeds of disposal of the associated school property or, as the case may be, its market value that is determined by the Secretary of State to be attributable to the educational purposes of the charity.
2
Where–
a
the Secretary of State has made an order under section 554 of the 1996 Act relating to an endowment the assets of which are or include the associated school property or its proceeds of disposal; and
b
such an order makes provision for the application of part of such assets towards a religious education fund,
the value of B in regulation 3 above shall be reduced by the value of the assets constituting the religious education fund, valued at the date of the establishment of that fund, or, where associated school property is disposed of by way of sale and the fund was established before the date of the sale, at the date of completion of the sale.
Supplementary
6
1
Where at the time a grant is made it appears to the Secretary of State that there is associated school property in relation to the relevant school which has not at the time of making the grant been disposed of, grant shall be made either–
a
in accordance with regulation 3, but taking B in the formula in that regulation as the market value of the property; or
b
(if the Secretary of State so determines) in accordance with regulation 3, but taking B in the formula in that regulation as zero.
2
Where paragraph (1) applies and grant was paid in accordance with paragraph (1)(a) the grant shall be made subject to a requirement that–
a
if and when the associated school property is disposed of by way of sale (having not been previously disposed of by way of lease); and
b
if the net proceeds of disposal are greater than the market value which was taken into account in determining the grant,
the governing body or, as the case may be, the relevant body repay to the Secretary of State the difference between the grant paid and the grant which would have been paid if the grant had been paid after the property had been disposed of.
3
Where paragraph (1) applies and grant was paid in accordance with paragraph (1)(b) the grant shall be subject to a requirement that if and when the associated school property is disposed of by way of sale the governing body or, as the case may be, the relevant body repay to the Secretary of State the difference between the grant paid and the grant which would have been paid if the grant had been paid after the property had been disposed of.
4
Where–
a
grant was paid in accordance with the provisions of paragraph (1)(a),
b
the associated property is disposed of by way of sale (having not been previously disposed of by way of lease), and
c
the net proceeds of disposal are less than the market value which was taken into account in determining the grant,
the grant shall be re-determined after the completion of the sale in accordance with regulation 3 and further payment of grant accordingly made by the Secretary of State to the governing body, or, as the case may be, the relevant body.
Revocation and Transitional Provision
7
1
The Education (Grants to Aided and Special Agreement Schools) Regulations 1998 (“the 1998 Regulations ”) are hereby revoked.
2
For the purpose of regulation 6(4) of these Regulations any grant paid before 1st September 1999 in accordance with regulation 6(1)(a) of the 1998 Regulations shall be treated as paid in accordance with regulation 6(1)(a) of these Regulations.
Charles Clarke
Parliamentary Under Secretary of State,
Department for Education and Employment
22nd June 1999
Jon Owen Jones
Parliamentary Under Secretary of State, Welsh Office
25th June 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the District of Mid Devon (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 1st May 2003, on 10th October 2002;
b
for all other purposes, on 1st May 2003.
3
In this Order–
“the district” means the district of Mid Devon;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
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 District of Mid Devon (Electoral Changes) Order 1999”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 ; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Wards of Mid Devon
2
1
The existing wards of the district shall be abolished.
2
The district shall be divided into twenty-four wards which shall bear the names set out in column (1) of the Schedule.
3
The wards shall comprise the areas described in column (2) of the Schedule by reference to parishes, or parishes and parish wards or, where no area is so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of the 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.
Parish of Bradninch
3
1
The parish of Bradninch shall be divided into two parish wards which shall bear the names Bradninch Rural and Bradninch Town.
2
The Bradninch Rural parish ward shall comprise so much of the district ward of Cullompton Outer as comprises the parish of Bradninch and the Bradninch Town parish ward shall comprise the area of the Bradninch district ward.
3
The number of councillors to be elected for the Bradninch Rural parish ward shall be two and the number of councillors to be elected for the Bradninch Town parish ward shall be ten.
Wards of the parish of Crediton
4
1
The existing wards of the parish of Crediton shall be abolished.
2
The parish shall be divided into two parish wards which shall bear the names Boniface and Lawrence; and each ward shall comprise the area of the ward of the district bearing the same name.
3
The number of councillors to be elected for each parish ward shall be six.
Wards of the parish of Cullompton
5
1
The existing wards of the parish of Cullompton shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names Cullompton North, Cullompton Outer and Cullompton South.
3
The Cullompton North and Cullompton South parish wards shall comprise the area of the wards of the district bearing the same name and the Cullompton Outer parish ward shall consist of the rest of the parish.
4
The number of councillors to be elected for the Cullompton North parish ward shall be six; the number of councillors to be elected for the Cullompton Outer parish ward shall be two and the number of councillors to be elected for the Cullompton South parish ward shall be seven.
Wards of the parish of Tiverton
6
1
The existing wards of the parish of Tiverton shall be abolished.
2
The parish shall be divided into five parish wards which shall bear the names Castle, Cranmore, Lowman, Westexe North and Westexe South; and the wards shall comprise the areas designated on sheets 8, 9 and 10 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for the Castle parish ward shall be five; the number of councillors to be elected for each of the Cranmore and Lowman parish wards shall be six; the number of councillors to be elected for the Westexe North parish ward shall be three and the number of councillors to be elected for the Westexe South parish ward shall be four.
Parish of Silverton
7
1
The parish of Silverton shall be divided into two parish wards which shall bear the names Silverton North and Silverton Village.
2
The Silverton North parish ward shall comprise so much of the district ward of Cadbury as comprises the parish of Silverton and the Silverton Village parish ward shall comprise the area of the Silverton district ward.
3
The number of councillors to be elected for the Silverton North parish ward shall be two and the number of councillors to be elected for the Silverton Village parish ward shall be nine.
Revocation
8
The District of Tiverton (Electoral Arrangements) Order 1977 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 Cross-Border Credit Transfers Regulations 1999 and shall come into force on 14th August 1999.
Interpretation
2
1
In these Regulations —
“beneficiary” means the person to whom the funds transferred by a cross-border credit transfer ultimately are, or are to be, made available;
“beneficiary’s institution” means, in relation to a cross-border credit transfer, the institution which makes, or is to make, the funds transferred available to the beneficiary;
“business day” means —
for the purposes of regulations 6(2) and 9(3), a day on which credit institutions are generally open for the business of carrying out cross-border credit transfers in each EEA State in which an institution participating in the carrying out of the cross-border credit transfer is situated; and
for the purposes of regulation 7(2), a day on which credit institutions are generally open for business in the United Kingdom;
and in this definition the reference to the United Kingdom, or to an EEA State where the State in question is the United Kingdom, shall be construed as referring to that part of the United Kingdom in which (in the case of (a) above) the institution participating in the carrying out of the cross-border credit transfer or (in the case of (b) above) the beneficiary’s institution (or, in either case, if the institution has branches in different parts of the United Kingdom, the branch of the institution participating in the carrying out of the transfer) is situated;
“commencement date” means, in relation to a cross-border credit transfer, the date upon which both the following conditions are fulfilled —
the originator’s institution has received all the information required by it in order to initiate the transfer; and
the originator’s institution has had made available to it, whether by deduction from an account of the originator or otherwise, an amount in an EEA currency sufficient to cover the funds to be transferred,
except that, if the originator and his institution have agreed that the carrying out of the transfer is to be initiated on a date (whether specified in that agreement or to be ascertained in a manner therein provided) which is later than the date upon which those conditions are both fulfilled, then “commencement date” means that later date;
“credit institution” means a credit institution as defined in Article 1 of Council Directive No. 77/780/ EEC , that is to say, an undertaking whose business is to receive deposits or other repayable funds from the public and to grant credits for its own account, and includes a branch of a non-EEA credit institution situated in an EEA State;
“cross-border credit transfer” means a transaction or series of transactions carried out as a result of instructions given directly by an originator to an institution in one EEA State, the purpose of which is to make funds in an EEA currency available to a beneficiary at an institution in another EEA State; and for the purposes of this definition the originator and the beneficiary may be one and the same person;
“cross-border credit transfer order” means an unconditional instruction, given directly by an originator to an institution, to initiate the carrying out of a cross-border credit transfer;
“customer” means, as the context may require, the originator or the beneficiary of a cross-border credit transfer;
“EEA currency” means the currency of an EEA State;
“EEA State” means a State which is a Contracting Party to 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 ;
“financial institution” means an institution as defined in Article 4(1) of Council Regulation No. 3604/93/ EC , the text of which is set out in the Schedule to these Regulations;
“his institution” means, in relation to a cross-border credit transfer, the originator’s institution or the beneficiary’s institution, as the context may require;
“institution” means —
a credit institution; or
a person, not being a credit institution, who by way of business participates in the carrying out of cross-border credit transfers;
“intermediary institution” means an institution which by way of business participates in the carrying out of a cross-border credit transfer and which is neither the originator’s institution nor the beneficiary’s institution;
“non-EEA credit institution” means a credit institution which has its head office in a country or territory outside the European Economic Area and which by way of business participates in the carrying out of cross-border credit transfers;
“originator” means a person who gives an instruction to an institution to initiate the carrying out of a cross-border credit transfer;
“originator’s institution” means, in relation to a cross-border credit transfer, the institution which accepts a cross-border credit transfer order given to it by the originator;
“reference interest rate” means, for any period for which the rate is to be applied under these Regulations, the rate per annum which is 6% over the rate per cent published most recently before the beginning of that period by the Bank of England as its rate for the provision of short term liquidity in its operations in the sterling money markets;
“relevant transfer” means a cross-border credit transfer which satisfies the following conditions —
the originator of the transfer is neither an institution nor a financial institution; and
the funds made or to be made available to the beneficiary do not exceed 50,000 euro or its equivalent in another EEA currency; and
“value date” means —
where an amount is deducted from an account of the originator in order to cover the funds transferred by a relevant transfer, the date upon which that amount is deducted by his institution; or
where the funds transferred are credited to an account of the beneficiary, the date upon which those funds are credited by his institution.
2
In these Regulations, references to funds being credited to an institution mean —
a
in the case of a beneficiary’s institution —
i
the crediting of those funds to an account of the beneficiary’s institution; or
ii
the debiting of those funds to an account of the originator’s institution or, as the case may be, an intermediary institution with the beneficiary’s institution; and
b
in the case of any other institution —
i
the crediting of those funds to an account of that institution; or
ii
the debiting of those funds to an account of another institution with that institution.
3
In these Regulations, references to funds being made available to an originator or a beneficiary of a cross-border credit transfer mean —
a
the crediting of those funds to an account of the customer with his institution or, if he has more than one such account, to an account designated for the purpose by the customer or )(where the customer is the beneficiary and has not so designated an account) by the originator,
or, in the absence of any such account or (if there is more than one such account) any designated account,
b
the crediting of those funds to an account not in the name of the customer but maintained in the books and the books and records of his institution from which the institution will allow him to draw funds.
4
For the purposes of these Regulations —
a
references to an institution which participates in the carrying out of a cross-border credit transfer shall, in relation to an institution which has branches in more than one EEA State, be construed as referring to the branch of that institution which participates in the carrying out of the transfer; and
b
branches of an institution which participate in the carrying out of a cross-border credit transfer and which are situated in different EEA States shall be regarded as separate institutions.
5
In these Regulations, references to information in writing include references to information which is given by an electronic means.
Prior information on relevant transfers
3
1
An institution which holds itself out as —
a
accepting instructions to initiate the carrying out of relevant transfers, or
b
willing to make available to the beneficiaries of relevant transfers the funds so transferred.
shall make available to its actual and prospective customers, in writing and in a readily comprehensible form, information concerning the terms upon which its provides services in relation to such transfers, including the information specified in paragraph (2).
2
The information referred to in paragraph (1) is the following —
a
where the institution holds itself out as accepting instructions to initiate the carrying out of relevant transfers, an indication of the time taken from the commencement date for the funds transferred to be credited to the beneficiary’s institution;
b
where the institution holds itself out as willing to make available to the beneficiaries of relevant transfers the funds so transferred, an indication of the time taken, upon those funds being credited to the institution, for the funds to be made available to the beneficiary;
c
an indication of any value date applied by the institution;
d
an indication of the exchange rates used by the institution in effecting any conversion from one EEA currency to another for the purposes of carrying out a relevant transfer;
e
the manner in which any commissions, fees and charges payable by a customer to the institution in connection with the carrying out of a relevant transfer are calculated; and
f
details of the complaints and redress procedures available to the customer and how those procedures may be initiated by the customer.
3
If an institution fails without reasonable excuse to comply with paragraph (1) it shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Specific undertakings
4
1
If an originator who gives to an institution a cross-border credit transfer order relating to a relevant transfer requests that the institution give an undertaking concerning —
a
the time it will take for the funds transferred to be credited to the beneficiary’s institution, or
b
the charges, commissions and fees (“relevant charges”) payable by the originator (other than those relating to any conversion from one EEA currency to another for the purposes of carrying out the relevant transfer),
the institution shall, if it wishes to accept the cross-border credit transfer order, give the undertaking so requested, and that undertaking shall be deemed to be a term of the contract entered into between the originator and his institution.
2
If an institution a cross-border credit transfer order without giving an undertaking which it is required to give under paragraph (1), it shall not be entitled to recover from the originator any relevant charges in respect of the relevant transfer.
3
In determining whether a cross-border credit transfer the purpose of which is to make funds available to the beneficiary in an EEA currency other than euro is a relevant transfer for the purposes of paragraph (1), the exchange rate to be applied in determining the equivalent in that currency of 50,000 euro shall be that applied by the institution at the date of the request.
Information subsequent to a relevant transfer
5
1
An institution which has accepted a cross-border credit transfer order relating to a relevant transfer shall, before the end of —
a
the period of one month beginning with the commencement date, or
b
if it has agreed some other period with the originator, that period,
supply to the originator in writing and in a readily comprehensible form the information specified in paragraph (2), unless the originator has expressly waived his right to receive it.
2
The information referred to in paragraph (1) is the following —
a
a reference enabling the originator to identify the relevant transfer;
b
the amount of the funds transferred before deduction of any charges, commissions or fees payable by the beneficiary;
c
the amount of all charges, commissions and fees payable by the originator;
d
any value date applied by the institution; and
e
the exchange rate used by the institution in effecting any conversion from one EEA currency to another for the purposes of carrying out the relevant transfer.
3
If an institution fails without reasonable excuse to comply with paragraph (1) it shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
4
An institution which has made available to the beneficiary of a relevant transfer the funds so transferred shall, before the end of —
a
the period of one month beginning with the day on which the funds transferred are credited to the institution, or
b
if it has agreed some other period with the beneficiary, that period,
supply to the beneficiary in writing and in a readily comprehensible form the information specified in paragraph (5), unless the beneficiary has expressly waived his right to receive it.
5
The information referred to in paragraph (4) is the following —
a
a reference enabling the beneficiary to identify the relevant transfer;
b
the amount of the funds transferred before deduction of any charges, commissions or fees payable by the beneficiary;
c
the amount of all charges, commissions and fees payable by the beneficiary;
d
any value date applied by the institution; and
e
the exchange rate used by the institution in effecting any conversion from one EEA currency to another for the purposes of carrying out the relevant transfer.
6
If an institution fails without reasonable excuse to comply with paragraph (4) it shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
7
An institution shall be deemed to have complied with paragraph (1) or, as the case may be, paragraph (4) if, within the period specified therein —
a
it has sent to its customer at his last-known address the information required to be supplied by it to him; or
b
if it does not have an address for its customer, it has made arrangements to make the information available to him upon request.
Obligations regarding time taken: originator’s institution
6
1
An institution which has accepted a cross-border credit transfer order relating to a relevant transfer shall ensure that the funds to be transferred to the beneficiary are credited to the beneficiary’s institution before the end of the period specified in paragraph (2).
2
The period referred to in paragraph (1) is —
a
the period agreed between the institution and the originator,
or, if there is no such period,
b
the period of five business days beginning with the first business day after the commencement date.
3
If the funds are credited to the beneficiary’s institution after the end of the period specified in paragraph (2), the originator’s institution shall, unless it has made a payment to the originator under regulation 9(2), be liable to pay compensation to the originator, calculated in the manner specified in paragraph (4).
4
The compensation referred to in paragraph (3) shall be calculated by applying the reference interest rate to the amount made available to the originator’s institution, whether by deduction from an account of the originator or otherwise, to cover the funds to be transferred, for the period from —
a
the end of the period specified in paragraph (2), to
b
the date on which the funds are credited to the beneficiary’s institution.
5
Compensation shall not be payable pursuant to paragraph (3) to the extent that the originator’s institution establishes that its failure to comply with paragraph (1) is attributable to the originator.
6
If —
a
an institution makes a payment to an originator under paragraph (3), and
b
its failure to comply with paragraph (1) is attributable to an intermediary institution,
that intermediary institution shall be liable to pay to the originator’s institution compensation equal to the amount paid by it to the originator under paragraph (3).
7
If —
a
an institution makes a payment to an originator under a provision of the law of an EEA State other than the United Kingdom corresponding to paragraph (3), and
b
the failure to credit funds to the beneficiary’s institution before the end of the period specified for the purposes of that provision is attributable to an intermediary institution,
that intermediary institution shall be liable to pay to the originator’s institution compensation equal to the amount paid by it to the originator under that provision.
Obligations regarding time taken: beneficiary’s institution
7
1
An institution which has agreed to make available to the beneficiary the funds transferred by a relevant transfer shall make those funds available before the time specified in paragraph (2).
2
The time referred to in paragraph (1) is —
a
the end of the period agreed between the institution and the beneficiary,
or, if there is no such period,
b
the end of the business day next following the day on which the funds transferred are credited to the institution.
3
If the funds credited to the beneficiary’s institution are made available to the beneficiary after the time specified in paragraph (2), the beneficiary’s institution shall be liable to pay compensation to the beneficiary, calculated in the manner specified in paragraph (4).
4
The compensation referred to in paragraph (3) shall be calculated by applying the reference interest rate to the amount made available to the beneficiary, for the period from —
a
the time specified in paragraph (2), to
b
the date on which the funds transferred are made available to the beneficiary.
5
Compensation shall not be payable pursuant to paragraph (3) to the extent that the beneficiary’s institution establishes that its failure to comply with paragraph (1) is attributable to the originator or the beneficiary.
Charges
8
1
Subject to paragraph (2), no institution which participates in the carrying out of a relevant transfers shall deduct from the funds to be transferred to the beneficiary any charges, commissions or fees, except as agreed by the originator.
2
Nothing in paragraph (1) shall prevent the beneficiary’s institution from charging the beneficiary for the administration of any account of his to which the funds transferred by a relevant transfer are credited, in accordance with its usual tariff of charges for the administration of accounts, provided that any such charge which is made by reference to the fact that funds are credited to the account, or by reference to the number of such credits, shall be no higher for cross-border credit transfers than for transfers of funds initiated by institutions within the United Kingdom.
3
A charge which an institution is prohibited by paragraph (1) from deducting is referred to in this regulation as a “prohibited charge”.
4
If the originator’s institution or an intermediary institution has deducted a prohibited charge, the originator’s institution shall, if so instructed by the originator, either —
a
reimburse to the originator the amount so deducted, or
b
transfer to the beneficiary’s institution funds equal to the amount so deducted with an instruction that they be made available to the beneficiary,
as directed by the originator.
5
If an intermediary institution has deducted a prohibited charge, the intermediary institution shall, if so instructed by the originator’s institution, either —
a
credit the amount so deducted to the originator’s institution, or
b
transfer to the beneficiary’s institution funds equal to the amount so deducted with an instruction that they be made available to the beneficiary,
as directed by the originator’s institution.
6
If the beneficiary’s institution has deducted a prohibited charge, the beneficiary’s institution shall, if so instructed by the beneficiary, make available to the beneficiary funds equal to the amount so deducted.
Failed transfers: obligations of originator’s institution
9
1
The originator of a relevant may, at any time after the end of the period specified in regulation 6(2) when the funds to be transferred to the beneficiary have not been credited to the beneficiary’s institution, request a refund of the amount referred to in paragraph (4)(a).
2
Subject to paragraphs (5) and (7), if —
a
the originator requests a refund pursuant to paragraph (1), and
b
the funds to be transferred have not been credited to the beneficiary’s institution before the end of the period specified in paragraph (3),
the originator’s institution shall, before the end of that period, make available to the originator the amounts specified in paragraph (4).
3
The period referred to in paragraph (2) is the period of fourteen business days beginning with the first business day after the date of the originator’s request made pursuant to paragraph (1).
4
The amounts referred to in paragraph (2) are the following —
a
i
12,500 euro or, if the amount to cover the funds to be transferred was made available to the originator’s institution in an EEA currency other than euro, the equivalent of 12,500 euro in that other currency, or
ii
the amount (the “relevant amount”) so made available,
whichever is the less;
b
an amount equal to interest calculated by applying the reference interest rate to the relevant amount for the period from —
i
the commencement date, to
ii
the date upon which the amount referred to in sub-paragraph (a) is made available to the originator; and
c
the amount of any charges, commissions and fees relating to the relevant transfer paid by the originator.
5
An originator’s institution shall not be liable to make any amounts available pursuant to paragraph (2) if the failure of funds to be credited to the beneficiary’s institution was caused by —
a
an error or omission in the instructions given to the originator’s institution by the originator, or
b
the failure of an intermediary institution nominated by the originator to perform its part of the transfer,
but instead shall use all reasonable endeavours to trace and recover the funds.
6
Any amount recovered by the originator’s institution pursuant to paragraph (5) shall be refunded to the originator, after deduction of all reasonable costs incurred by it in effecting that recovery which are specified by it in writing at the time of the refund.
7
An originator’s institution shall not incur any obligation or liability under this regulation if the failure of funds to be credited to the beneficiary’s institution was caused by the failure of an intermediary institution nominated by the beneficiary’s institution to perform its part of the transfer.
8
Any amount paid by an originator’s institution pursuant to paragraph (4)(a) shall be taken into account in determining any other liability which the originator’s institution might have to the originator in respect of the failure to credit the funds to the beneficiary’s institution.
Failed transfers: obligations of intermediary institution
10
1
If an originator’s institution becomes liable to make a payment pursuant to —
a
regulation 9(2), or
b
a provision of the law of an EEA State other than the United Kingdom corresponding to regulation 9(2),
any intermediary institution which has agreed to participate in the carrying out of the relevant transfer and which has received the funds transferred to it shall, subject to paragraphs (3) and (5), be liable to credit by way of refund to the institution which instructed it to participate in the carrying out of the relevant transfer the amounts specified in paragraph (2).
2
The amounts referred to in paragraph (1) are the following —
a
i
12,500 euro or, if funds were transferred to the intermediary institution in an EEA currency other than euro, its equivalent in that other currency, or
ii
the amount of the funds so transferred,
whichever is the less; and
b
any amounts representing charges, commissions, fees or interest payable to the originator by the originator’s institution pursuant to regulation 9(2) or, as the case may be, a provision of the law of an EEA State other than the United Kingdom corresponding to regulation 9(2).
3
An intermediary institution shall not be liable to make a payment pursuant to paragraph (1) if the failure of funds to be credited to the beneficiary’s institution was caused by an error or omission in the instructions given to the intermediary institution by the institution which instructed it to participate in carrying out the transfer; but in that case, or if the failure was caused by —
a
an error or omission in the instructions given by the originator to his institution, or
b
the failure of another intermediary institution, nominated by the originator, to perform its part of the transfer,
the intermediary institution shall use all reasonable endeavours to trace and recover the funds.
4
Any amount recovered by an intermediary institution pursuant to paragraph (3) shall be refunded to the institution which instructed it to participate in carrying out the transfer, after deduction, in a case referred to in paragraph (3)(a) or (b), of all reasonable costs incurred by it in effecting that recovery which are specified by it in writing at the time of the refund.
5
An intermediary institution shall not incur any obligation or liability under this regulation if the failure of funds to be credited to the beneficiary’s institution was caused by the failure of another intermediary institution, nominated by the beneficiary’s institution, to perform its part of the transfer.
6
Any amount paid by an intermediary institution pursuant to paragraph (2)(a) shall be taken into account in determining any other liability which that intermediary institution might have to the institution which instructed it to participate in carrying out the transfer in respect of the failure to credit the funds to the beneficiary’s institution.
Failed transfers: obligations of beneficiary’s institution
11
1
If —
a
the originator of a relevant transfer requests a refund pursuant to a provision of the law of an EEA State other than the United Kingdom corresponding to regulation 9(1), and
b
the funds to be transferred to the beneficiary have not been credited to the beneficiary’s institution before the end of the period specified for the purpose of determining the originator’s entitlement to such a refund in the law of that State because of the failure of an intermediary institution nominated by the beneficiary’s institution to perform its part of the transfer,
the beneficiary’s institution shall be liable to make available to the beneficiary the amount specified in paragraph (2).
2
The amount referred to in paragraph (1) is —
a
12,500 euro or, if the funds to be transferred were to be made available to the beneficiary in an EEA currency other than euro, its equivalent in that other currency, or
b
the amount of the funds which should have been made available to the beneficiary,
whichever is the less.
Exclusion of liability for failure to carry out a transfer
12
1
An institution which has agreed to participate in the carrying out of a relevant transfer shall not incur any liability under these Regulations in respect of a failure to perform its part of the transfer if —
a
the failure resulted from the institution taking, or omitting to take, any action in order to avoid a contravention of, or to secure compliance with procedures maintained by it in accordance with, the enactments relating to money laundering; or
b
it can show that the failure was due to abnormal and unforeseeable circumstances beyond its control, the consequences of which would have been unavoidable despite all efforts to the contrary.
2
In this regulation “enactments relating to money laundering” has the meaning given by regulation 5(5) of the Money Laundering Regulations 1993 .
Civil proceedings
13
1
The obligation to comply with the following regulations is, in each case, a duty owed by the originator’s institution to the originator and any breach of the obligation shall be actionable accordingly —
a
regulation 5(1);
b
regulation 8(4)(b); and
c
regulation 9(5).
2
The obligation to comply with regulation 10(3) is a duty owed by an intermediary institution to the originator and any breach of the obligation shall be actionable accordingly.
3
The obligation to comply with regulation 8(5)(b) is a duty owed by an intermediary institution to the originator’s institution and any breach of the obligation shall be actionable accordingly.
4
The obligation to comply with regulation 5(4) is a duty owed by the beneficiary’s institution to the beneficiary and any breach of the obligation shall be actionable accordingly.
5
Any amount which becomes payable pursuant to regulation 6(3), 6(6), 6(7), 7(3), 8(4)(a), 8(5)(a), 8(6), 9(2), 9(6), 10(1), 10(4) or 11(1) shall be recoverable as a civil debt.
Offences by bodies corporate etc.
14
1
Where an offence under regulation 3(3), 5(3) or 5(6) committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and be liable to be proceeded against and punished accordingly.
2
Where the affairs of a body corporate are managed by its members, paragraph (1) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
3
Where an offence under any of the provisions mentioned in paragraph (1) committed by a partnership, or by an unincorporated association other than a partnership, is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner in the partnership or (as the case may be) a person concerned in the management of the association, or any person who was purporting to act in any such capacity, he, as well as the partnership or association, shall be guilty of that offence and be liable to be proceeded against and punished accordingly.
General provisions
15
1
The rights conferred and duties imposed by these Regulations are in addition to any other rights or duties conferred or imposed by law, including rights or duties under any contract.
2
Where it is provided in regulation 4(1) that a term is implied in the contract entered into between an institution and its customer it is so implied irrespective of the law which governs the contract.
3
Subject to regulation 4(3), in determining for the purposes of these Regulations the equivalent in another EEA currency of an amount denominated in euro, the applicable exchange rate shall be that applied by the originator’s institution at the commencement date.
Jane Kennedy
David Jamieson
Two of the Lords Commissioners of Her Majesty’s Treasury
30th June 1999


text:
1
These Regulations may be cited as the Manufactured Dividends (Tax) (Amendment) Regulations 1999 and shall come into force on 30th March 1999.
2
In regulation 2(2) of the Manufactured Dividends (Tax) Regulations 1997 immediately before sub-paragraph (a) there shall be inserted the following sub-paragraph–
za
are references to such an amount in respect of a dividend or manufactured dividend other than a dividend or manufactured dividend that is paid on or after 6th April 1999, and either
.
David Jamieson
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
9th March 1999


text:
1
These Regulations may be cited as the Civil Aviation (Canadian Navigation Services) (Amendment) Regulations 1999 and shall come into force on 1st March 1999.
2
The Civil Aviation (Canadian Navigation Services) Regulations 1998 , shall be amended as follows–
in regulation 4(1)(d) for the sum of $0.03263 Canadian there shall be substituted the sum $0.03506 Canadian.
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
2nd February 1999
We consent to the making of these Regulations
Jim Dowd
Bob Ainsworth
Two of the Lords Commissioners of Her Majesty’s Treasury
8th February 1999


text:
1
This Order may be cited as the Public Telecommunication System Designation (E.V. Limited) Order 1999 and shall come into force on 13th January 2000.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Patricia Hewitt
Minister of State for Small Business and E-Commerce,
Department of Trade and Industry
11th December 1999


text:
1
This Order may be cited as the Public Telecommunication System Designation (USA Global Link (UK) Limited) Order 1999 and shall come into force on 23rd November 1999.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Patricia Hewitt
Minister for Small Business and E-Commerce
18th October 1999