text:
1
This Order may be cited as the Carriage by Air (Sterling Equivalents) Order 1999 and shall come into force on 29th November 1999.
2
The Carriage by Air (Sterling Equivalents) Order 1996 is hereby revoked.
3
The amounts shown in column 2 of the following Table are hereby specified as amounts to be taken, for the purposes of article 22 in the First Schedule to the Carriage by Air Act 1961 and that article as applied by article 5 of the Carriage by Air Acts (Application of Provisions) Order 1967 as equivalent to the sums respectively expressed in francs in column 1 of that Table:
TABLE
Column 1 Column 2 Amount in francs Sterling Equivalent
250 14.08 5,000 281.56 125,000 7,038.97 250,000 14,077.95
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Chris Mullin
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
19th October 1999


type: legislation

jurisdiction: UK

text:
1
These Regulations may be cited as the Statistics of Trade (Customs and Excise) (Amendment) Regulations 1999 and shall come into force on 1st January 2000.
2
In regulation 3(1) of the Statistics of Trade (Customs and Excise) Regulations 1992 for “£230,000”, in each place where it occurs, there shall be substituted “£233,000”.
3
The Statistics of Trade (Customs and Excise) (Amendment) Regulations 1998 are hereby revoked.
Alan Paynter
Commissioner of Customs and Excise
New King’s Beam House,
22 Upper Ground,
London SE1 9PJ
8th December 1999


text:
Citation and commencement
1
These Regulations may be cited as the Water Protection Zone (River Dee Catchment) (Procedural and Other Provisions) Regulations 1999 and shall come into force on 21st June 1999.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Water Resources Act 1991 ;
“local authority” in relation to England means a district council and in relation to Wales, means a county council or a county borough council;
“the River Dee Catchment Order ” means the Water Protection Zone (River Dee Catchment) Designation Order 1999 and words and expressions used in these Regulations which are defined in that Order have the same meaning as in that Order.
2
Any reference in these Regulations to the person in control of a site is a reference to the person having control of the site in connection with the carrying on by him of a trade, business or other undertaking (whether for profit or not).
3
References in these Regulations to the area of a local authority lying downstream of a catchment control site, or to a downstream source of supply, shall be construed as meaning such an area or source of supply which is wholly or partly within the protection zone and which lies downstream of any inland waters in the vicinity of the catchment control site.
4
References in these Regulations to the best available techniques not entailing excessive cost, in relation to a controlled activity, include (in addition to references to any technical means and technology) references to the number, qualifications, training and supervision of persons employed in the activity and the design, construction, lay-out and maintenance of the site within which it is carried on.
5
For the purposes of these Regulations an application for protection zone consent shall be taken to have been made when each of the following events has occurred —
a
the application has been served on the Agency in accordance with regulation 5(1); and
b
any charge required to be paid in respect of the application pursuant to regulation 14 has been paid to the Agency and, for this purpose, lodging a cheque for the amount of a charge is to be taken as payment.
Application
3
The provisions of these Regulations have effect for the purposes of the River Dee Catchment Order.
Obtaining protection zone consent
4
1
Protection zone consent may be granted on an application made under regulation 5.
2
A protection zone consent ceases to have effect if there is a change in the person in control of the whole or any part of the site to which it relates, unless an application for the continuation of the consent has previously been made to the Agency under regulation 10.
Applications for protection zone consent
5
1
An application for protection zone consent:
a
shall be served on the Agency on a form provided for the purpose by the Agency which shall incorporate or be accompanied by the information and other documentation specified in Schedule 1 to these Regulations; and
b
any such application shall only be made by the person in control of the catchment control site to which it relates and shall include a certificate signed by or on behalf of the applicant that he is such a person.
2
In addition to the information and documentation supplied in accordance with paragraph (1) the Agency shall be entitled to request all such information, papers, assessments studies or other material as it may reasonably require in order to determine the application.
Procedure upon receipt of applications for protection zone consent
6
1
Where an application for protection zone consent is made in accordance with the provisions of these Regulations the Agency shall —
a
within 7 days following receipt of the application send a copy of it to every local authority whose area includes the catchment control site or lies downstream of it and to every water undertaker who abstracts water from a downstream source of supply;
b
as soon as practicable, acknowledge receipt of the application in writing;
c
notify the applicant as soon as practicable if in the opinion of the Agency the application fails to meet the requirements of regulation 5, giving its reasons.
2
The Agency shall be entitled, upon an application for protection zone consent, to disregard the provisions of paragraph (1)(a) if it proposes to grant the consent applied for and considers that the carrying on of the controlled activity in question is unlikely to give rise to an appreciable risk of pollution of any inland waters at any point where such waters are abstracted for the purposes of public water supply.
3
The requirement of paragraph (1)(a) shall not apply insofar as it would require the disclosure of any information which is not to be included in a register by virtue of section 191A or 191B of the Act (exclusion from registers of information affecting national security and of certain confidential information).
Consideration and determination of applications
7
1
When an application for protection zone consent has been made, the Agency may, subject to the provisions of this regulation and regulation 8 —
a
grant protection zone consent, either unconditionally or subject to conditions; or
b
refuse protection zone consent.
2
Subject to paragraph (3) below, the Agency shall, before determining an application for protection zone consent, consult —
a
the Health and Safety Executive;
b
every local authority whose area includes the catchment control site or lies downstream of it and every water undertaker who abstracts water from a downstream source of supply;
c
where the application relates to land in an area to which section 28(1) of the Wildlife and Countryside Act 1981 applies (sites of special scientific interest) or to a site which has been designated as a special area of conservation under regulation 8 of the Conservation (Natural Habitats) Regulations 1994 , in England the Nature Conservancy Council for England or, in Wales, the Countryside Council for Wales.
3
Paragraph (2) shall not apply insofar as —
a
the body concerned has notified the Agency that it does not wish to be consulted;
b
the Agency intends to disregard the provision of regulation 6(1)(a) pursuant to regulation 6(2) above; or
c
it would require the disclosure of any information which is not to be included in a register by virtue of section 191A or 191B of the Act (exclusion from registers of information affecting national security and of certain confidential information).
4
Where the Agency is required to consult under paragraph (2), the Agency shall not determine an application for protection zone consent before the end of a period of 42 days beginning with the date on which all the consultees have been served with a copy of the application.
5
Subject to paragraphs (7) and (8) or a direction under regulation 8, the Agency shall, within the period specified in paragraph (6), give the applicant written notice of the Agency’s decision.
6
The period specified for the purposes of paragraph (5) is —
a
a period of four months beginning with the date when the application is made to the Agency;
b
except where the applicant has already given notice of appeal to the Secretary of State in accordance with regulation 12, such extended period as may be agreed in writing by the applicant and the Agency;
c
where a charge due in respect of the application has been paid by a cheque which is subsequently dishonoured, the appropriate period specified in sub-paragraphs (a) or (b) above shall be calculated without regard to any time between the date when the Agency sent the applicant written notice of the dishonouring of the cheque and the date when the Agency is satisfied that it has received the full amount of the charge.
7
Where —
a
any person, having made an application to the Agency for protection zone consent, has failed to comply with his obligation under regulation 5(2) to supplement that application with information, papers or other material reasonably required by the Agency; and
b
that requirement was made by the Agency at such a time, before the end of the period specified in paragraphs (6)(a) or (b) within which the Agency is required to determine that application so as to give that person a reasonable opportunity to provide the required information, papers or other material within that period, the Agency may delay its determination of the application until a reasonable time after the required information, papers or other material are provided.
8
Where the Agency proposes to give its consent to an application for protection zone consent in respect of which representations or objections have been made by a body consulted under paragraph (2) and which have not subsequently been withdrawn —
a
it shall be the duty of the Agency to serve notice of the proposal to give consent to the application on every body who made any such representations or objection and any such notice shall include a statement of the effect of sub-paragraph (b); and
b
it shall be the duty of the Agency not to give its consent to the application for protection zone consent before the end of a period of twenty-one days beginning with the latest day on which the notice of the proposal is served on every body concerned.
9
In considering an application for protection zone consent the Agency shall have regard to any material considerations and in particular to the following–
a
the nature, quantity and location of any controlled substance proposed to be kept or used and the manner of its intended use, keeping and storage;
b
the likelihood of that substance accidentally or otherwise entering, leaching or being discharged into the land to which the application relates, any neighbouring land or any inland waters in the vicinity thereof and the resulting concentration of that substance therein;
c
the likely consequences of such an incident on the quality of those inland waters and in particular the expected impact upon water supplies for human consumption;
d
the predicted frequency of those consequences;
e
the presence or proposed presence of any dangerous substance in, on, over or under the land to which the application relates or the presence or proposed presence of any dangerous substance on, over or under land in the vicinity thereof including its nature, quantity and location and the manner of its use and storage; and
f
any advice or comments which the Agency may have received following consultations in pursuance of paragraph (2).
10
The Agency shall, when granting protection zone consent, include in that consent —
a
a description of the catchment control site to which the consent relates;
b
a description of the controlled substance or substances to which it relates; and
c
in respect of each controlled substance to which it relates, a statement of the maximum quantity allowed by the consent to be kept or used at any one time and the manner in which it is to be used, conveyed, kept and stored.
11
When the Agency gives notice of a decision on an application for protection zone consent the notice shall, where protection zone consent is refused or is granted subject to conditions —
a
state clearly and precisely, its full reasons for the refusal or for any condition imposed;
b
include a statement to the effect that if the applicant is dissatisfied with the decision he may appeal to the Secretary of State under regulation 12 within 3 months of the date of the notice of the decision, or such longer period as the Secretary of State may at any time allow.
12
Subject to paragraph (13) the Agency may grant protection zone consent subject to such conditions with respect to any of the following matters as the Agency considers appropriate —
a
the controlled substances which are permitted to be kept or used within the catchment control site;
b
how and where any controlled substance to which the consent relates is to be kept, used or conveyed;
c
the times between which any such substance may be kept or used;
d
the permanent removal of any such substance —
i
on or before a date specified in the consent; or
ii
before the end of a period specified in it and commencing on the date on which it is granted;
e
the taking by the applicant of precautionary measures or procedures with regard to the land to which the application relates, in relation to any relevant plant, machinery or structure or in relation to the applicant’s methods of operation or management;
f
the period of time for which the consent is to last;
and where protection zone consent is granted subject to one or more conditions a statement of all such conditions imposed shall be included in that consent.
13
No condition shall be imposed by the Agency pursuant to paragraph (12) —
a
unless the Agency considers the condition appropriate for ensuring that, in carrying on a controlled activity, the best available techniques not entailing excessive cost will be used for preventing the direct or indirect release of a controlled substance in circumstances which give rise to an appreciable risk of pollution of any inland waters at any point where such waters are abstracted for the purposes of public water supply or, where that is not practicable by such means, for reducing the release of such substance to a minimum and for rendering harmless any such substance which is so released and in this paragraph, “harmless” has the same meaning as in Part I of the Environmental Protection Act 1990 ;
b
which would prejudice or affect the operation of any health and safety regulations, improvement notice or prohibition notice then in force by virtue of Part I of the Health and Safety At Work etc Act 1974 .
14
The Agency shall, as soon as is practicable, inform the following bodies or persons of the terms of its decision —
a
the Health and Safety Executive;
b
every local authority whose area includes the catchment control site or lies downstream of it and every water undertaker who abstracts water from a downstream source of supply; and
c
any other consultees who have made representations to the Agency on the application pursuant to paragraph (2).
Reference of applications to the Secretary of State
8
1
The Secretary of State may, either in consequence of representations made to him or otherwise, give directions requiring applications for protection zone consent to be referred to him instead of being dealt with by the Agency.
2
A direction under this regulation may relate either to a particular application or to applications of a class specified in the direction.
3
Any application in respect of which a direction under this regulation has effect shall be referred by the Agency to the Secretary of State accordingly and upon doing so the Agency shall serve on every applicant to whose application the direction relates a notice —
a
informing the applicant that the application has been referred to the Secretary of State;
b
setting out the reasons (if any) given by the Secretary of State for issuing the direction; and
c
setting out the provisions of this regulation regarding the determination by the Secretary of State of the application referred to him.
4
Paragraphs (1)(a) and (3) of regulation 6 shall have effect in relation to an application referred to the Secretary of State under this regulation.
5
Before determining an application referred to him under this regulation, the Secretary of State may cause an inquiry to be held with respect to the application or afford the applicant and the Agency an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.
6
The Secretary of State shall exercise his power under paragraph (5) either to cause an inquiry to be held, or a hearing to be afforded, in any case where a request to be heard with respect to the application is made to him by the applicant or by the Agency in writing before the expiry of a period of 28 days beginning with the day on which the Agency, in accordance with paragraph (3), has informed the applicant that the application has been referred to the Secretary of State for determination.
7
Where under this regulation the Secretary of State affords to an applicant and the Agency an opportunity of appearing before and being heard by a person appointed for the purpose, he shall also afford such an opportunity to every person who has made any representations or objection to the Secretary of State with respect to the application in question.
8
The Secretary of State shall, if the requirements of this regulation are complied with, determine an application for consent referred to him by the Agency under this regulation by directing the Agency to refuse consent or to give consent under regulation 7 (either unconditionally or subject to such conditions as are specified in the direction).
9
In complying with a direction under paragraph (8) to give a consent the Agency shall not be required to comply with the requirements of regulation 7(8).
Applications for variation of protection zone consent conditions
9
1
A person in control of a catchment control site may apply pursuant to this regulation for the variation or revocation of any condition of a protection zone consent, then in force for the site.
2
An application under this regulation shall be made to the Agency on a form provided for the purpose by the Agency which shall incorporate or be accompanied by the information and documentation specified in Schedule 2 to these Regulations.
3
In addition to the information required under paragraph (2) the Agency shall be entitled to request all such information, papers, assessments studies or other materials as it may reasonably require in order to determine the application.
4
On considering an application under this regulation, the Agency may review the conditions applicable to the keeping or use of any quantity of the controlled substance to which the application relates but, subject thereto, shall consider only the question of the variation or revocation applied for.
5
If on such an application the Agency determines to vary or revoke any condition of a protection zone consent, it shall modify the consent accordingly.
6
If on such an application the Agency determines that a protection zone consent should not be varied, it shall refuse the application.
7
References in these Regulations to applications for protection zone consent include references to applications under this regulation and, subject to the provisions of this regulation, the provisions of these Regulations shall apply to such applications accordingly.
Applications for the continuation of protection zone consent
10
1
An application may be made under this regulation for the continuation of a protection zone consent which would otherwise cease to have effect pursuant to the provisions of regulation 4(2).
2
An application under this regulation shall be made to the Agency on a form provided for the purpose by the Agency which shall incorporate or be accompanied by the information and other documentation, specified in Schedule 3 to these Regulations.
3
In addition to the information required under paragraph (2) the Agency shall be entitled to request all such information, papers, assessment studies or other materials as it may reasonably require in order to determine the application.
4
When such an application is made the Agency may modify the consent in any way it considers appropriate or it may revoke it.
5
If a protection zone consent relates to more than one controlled substance, the Agency may make different determinations in relation to each such substance.
6
It shall be the duty of the Agency, when continuing protection zone consent, to attach to the consent —
a
a statement that it is unchanged in relation to the matters included in it by virtue of paragraphs (10) and (12) of regulation 7; or
b
a statement of any change in respect of those matters; or
c
a statement of any change from the protection zone consent claimed under article 6 of the River Dee Catchment Order .
7
The modifications which the Agency may make by virtue of paragraph (4) include, without prejudice to the generality of that paragraph, the making of the consent subject to conditions with respect to any of the matters mentioned in regulation 7(12).
8
Where any application is made to the Agency for the continuation of protection zone consent then, unless within the period specified in regulation 7(6) the Agency either —
a
gives notice to the applicant of its decision on the application; or
b
gives notice to him that the application has been referred to the Secretary of State in accordance with directions given under regulation 8,
the application shall be deemed to have been granted.
9
References in these Regulations to applications for protection zone consent include references to applications for the continuation of protection zone consent and, subject to the provisions of this regulation, the provisions of these Regulations shall apply to such applications accordingly.
Revocation of consents and alteration and imposition of conditions
11
1
Subject to the provisions of these Regulations, the Agency may by a notice served on the person in control of the catchment control site to which the protection zone consent relates —
a
revoke a protection zone consent;
b
make modifications to the conditions of the consent; or
c
in the case of an unconditional consent, provide that it shall be subject to such conditions as may be specified in the notice,
if it appears to the Agency, having regard to any material consideration, expedient to do so.
2
A notice under paragraph (1) shall specify the date on which it is to come into force, being a date which is not earlier than the expiry of the period of appeal in regulation 12(3).
3
No condition shall be imposed under paragraph (1), whether by modification of an existing condition or by way of a new condition, which could not be imposed on an application under regulation 7.
4
The Agency may also by such a notice revoke a protection zone consent where —
a
there has been a material change of use, for which planning permission has been granted, of the catchment control site to which a protection zone consent relates; or
b
that planning permission has been granted for development, the carrying out of which would involve a material change of use of that site and the development to which the permission relates has been commenced; or
c
in the case of a protection zone consent which relates only to one controlled substance, that that substance has not for at least five years been kept or used within the catchment control site to which the consent relates; or
d
in the case of a protection zone consent which relates to a number of controlled substances, that none of those substances has for at least five years been so kept or used.
5
The Agency may not, without the consent of the person in control of the catchment control site to which the protection zone consent relates, serve a notice under paragraph (1) before the expiration of the period specified in paragraph (6) (“the guaranteed period”).
6
The guaranteed period is —
a
in relation to a protection zone consent regarding which no notice under subparagraphs (1)(b) or (c) has been served, 4 years from the date when that consent was granted, or claimed under article 6 of the River Dee Catchment Order, (whether or not the consent has been modified subsequently pursuant to regulations 9, 10 or 11);
b
in relation to a protection zone consent regarding which a notice or notices under sub-paragraphs (1)(b) or (c) have been served, 4 years from the date when the most recent notice was served or, if that notice was appealed against, from the date of the determination of the appeal.
Appeals
12
1
Where the Agency, otherwise than in pursuance of a direction of the Secretary of State, has —
a
refused an application for protection zone consent; or
b
granted such consent subject to one or more conditions; or
c
served a notice revoking or in any way modifying a protection zone consent under regulation 11,
the applicant or the person in control of the catchment control site to which the notice served relates may appeal against it to the Secretary of State.
2
A person who has made an application for protection zone consent may also appeal to the Secretary of State if the Agency has neither —
a
given notice to the applicant of its decision on the application; nor
b
given notice to him that the application has been referred to the Secretary of State in accordance with directions given under regulation 8,
within the period specified in regulation 7(6); and for the purposes of this regulation in such a case the Agency shall be deemed to have refused the application.
3
Subject to paragraph (4) an appeal under this regulation must be made by giving to the Secretary of State in writing notice of appeal with a statement of the grounds of appeal, to be submitted before the expiry of the period of three months beginning with the day on which —
a
the Agency notified the appellant of the decision or served on the appellant the notice giving rise to the appeal; or
b
the Agency was deemed under paragraph (2) to have refused consent.
4
Where an appeal is made against a refusal to grant protection zone consent or a grant of such consent subject to one or more conditions, the Secretary of State may allow notice of appeal to be given after the expiry of the relevant period mentioned in paragraph (3).
5
The Secretary of State may require the appellant to send him within 21 days of giving notice of appeal (or such longer period as the Secretary of State may allow) a copy of any or all of the following documents —
a
the application to the Agency or the notice served by the Agency which has occasioned the appeal;
b
any relevant maps, plans or other documents submitted in support of the application;
c
any relevant record, consent, determination, notice or other notification given, made, issued or served by the Agency; and
d
any other relevant correspondence between the appellant and the Agency.
6
The Secretary of State shall —
a
send the Agency a copy of the notice of appeal and of the statement of the grounds of appeal given to him under paragraph (3); and
b
in the case of an appeal under paragraphs (1)(a) or (b), require the Agency to serve notice in writing, within 14 days of the receipt of the copy of the notice of appeal mentioned in the preceding sub-paragraph, on any person whose advice or comments with respect to the application fell to be considered by the Agency in accordance with regulation 7(9)(f).
7
A notice required to be served under paragraph (6)(b) shall state that an appeal has been lodged, and that further representations may be made to the Secretary of State in respect of the application within a period of 21 days from the date of service of the notice.
8
The Secretary of State shall send to the appellant and the Agency a copy of any representations received by him in pursuance of paragraph (7).
9
The Secretary of State may, if he thinks fit, require the appellant or the Agency to submit to him within a specified period a further statement in writing in respect of any of the matters to which the appeal relates, and where he exercises this power he shall send to the appellant or, as the case may be, the Agency a copy of any statement made by the other.
10
If, after considering the grounds of the appeal and the documents before him, the Secretary of State is satisfied that he is sufficiently informed to determine the appeal he may, not earlier than 14 days after giving notice in writing to the appellant and the Agency of his intention to determine the appeal, determine it without further investigation unless such investigation is required by the appellant or the Agency pursuant to paragraph (12).
11
Where any requirement by the Secretary of State under paragraph (5) or (9) has not been complied with by the expiry of the relevant period the Secretary of State may, after allowing a further specified period which appears to him reasonable, determine the appeal without further investigation.
12
If either the appellant or the Agency within a period of 14 days after service of notice under paragraph 10 request the Secretary of State not to determine the appeal without further investigations or the Secretary of State otherwise considers it expedient to do so, the Secretary of State shall either —
a
cause an inquiry to be held with respect to the appeal; or
b
afford the appellant and the Agency an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.
13
Where under this regulation the Secretary of State affords to an applicant and the Agency an opportunity of appearing before and being heard by a person appointed for the purpose, it shall be the duty of the Secretary of State to afford an opportunity of appearing before, and being heard by, that person to every person who has made any representations or objection to the Secretary of State with respect to the application in question.
14
The Secretary of State may allow or dismiss the appeal under this regulation or may reverse or vary any part of the decision of the Agency (whether or not the appeal relates to that part of it) and, in the case of an appeal under sub-paragraphs (1)(a) or (b), may deal with the application as if it had been made to him in the first instance.
15
Before reversing or varying on an appeal any part of a decision of the Agency to which the appeal does not relate, the Secretary of State shall serve notice of his intention on the appellant and the Agency and give to them a reasonable period (being not less than 28 days) to object.
16
Where an appeal is brought against a notice served by the Agency under regulation 11 the notice shall not take effect pending the determination or the withdrawal of the appeal.
Consents register
13
1
The Agency shall keep a register which shall contain —
a
a copy of every application for protection zone consent under these Regulations made to the Agency and not determined;
b
a copy of every application for protection zone consent validly claimed under article 6 of the River Dee Catchment Order;
c
in respect of every application for protection zone consent which has been determined under these Regulations made to the Agency —
i
a copy of the application;
ii
particulars of any direction given under regulation 8;
iii
the decision (if any) of the Agency, including details of any conditions subject to which consent was granted and the date of the decision;
iv
the reference number, date and effect of any decision of the Secretary of State, whether on a reference under regulation 8 or on an appeal under regulation 12;
d
a copy of every notice revoking or modifying protection zone consent made by the Agency.
2
Where information of any description is excluded from any register by virtue of section 191B of the Act, a statement shall be entered in the register indicating the existence of information of that description.
3
If so directed by the Secretary of State, the Agency shall remove from the register any information which is not prescribed for inclusion under paragraph (1) above or which by virtue of section 191A or 191B of the Act ought to have been excluded from the register.
4
The register shall include an index to enable any person to trace an entry in the register.
5
Every entry in the register shall be made within 28 days of the relevant information being available to the Agency.
6
The register shall be kept at an office of the Agency within the protection zone.
7
It shall be the duty of the Agency —
a
to secure that the contents of the register are available, at all reasonable times, for inspection by the public free of charge; and
b
to afford members of the public reasonable facilities for obtaining from the Agency, on payment of reasonable charges, copies of entries in the register.
8
For the purpose of paragraph (1)(a), an application shall not be treated as finally determined unless —
a
it has been decided by the Agency (or the period specified in regulation 7(6) has expired without it giving a decision) and the period specified in regulation 12(3) has expired without any appeal having been made to the Secretary of State; or
b
it has been referred to the Secretary of State under regulation 8 or an appeal has been made to the Secretary of State under regulation 12 and the Secretary of State has issued his decision; or
c
it has been withdrawn by the applicant before being determined or an appeal has been withdrawn by the appellant before the Secretary of State has issued his decision.
9
The register to be kept pursuant to this regulation may be kept in any form.
Charges in connection with protection zone consent
14
1
Where an application is made to the Agency for protection zone consent under these Regulations, a charge of £250 shall be payable to the Agency unless the application relates to 10 or fewer controlled substances, when a charge of £50 shall be payable.
2
Any charge due in respect of an application shall be paid by the applicant and shall accompany the application when it is made to the Agency.
3
Any charge paid pursuant to this regulation shall be refunded if the application is rejected for failing to meet the requirements of these Regulations.
Inquiries
15
Section 53 of the Environment Act 1995 shall apply to inquiries held under any provisions of these Regulations in the same way as it applies to inquiries held under any provision of the Act.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
A G Meale
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
17th March 1999
Signed by authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under Secretary of State, Welsh Office
19th March 1999


text:
1
This Order may be cited as the Fishery Limits Order 1999 and shall come into force on the date on which the Agreement between the Government of the Kingdom of Denmark together with the Home Government of the Faeroe Islands, on the one hand, and the Government of the United Kingdom of Great Britain and Northern Ireland, on the other hand, relating to Maritime Delimitation in the area between the Faeroe Islands and the United Kingdom enters into force. This date shall be notified in the London, Edinburgh and Belfast Gazettes.
2
It is hereby declared that between Latitude 63° 53' 14.93" N, Longitude 00° 29' 19.55" W, and Latitude 60° 09' 05" N, Longitude 13° 16' 05" W, British fishery limits extend to the geodesic lines specified in the Schedule to this Order.
A K Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Local Government (Committees and Political Groups) (Amendment) Regulations 1999 and shall come into force on 31st March 1999.
Amendment of Regulations
2
The Local Government (Committees and Political Groups) Regulations 1990 are amended–
a
in regulation 5 (sub-committees where persons may have voting rights), by the substitution–
i
in paragraph (1)(a), of “mentioned or referred to in regulation 4” for “mentioned in regulation 4”; and
ii
in paragraph (2)(c), of “mentioned or referred to in regulation 4(1)” for “mentioned in regulation 4(1)”; and
b
in regulation 16B (joint area committees of county and district councils) by the substitution for sub-paragraphs (c) and (d), of the following–
c
at least one member elected for each county electoral division which is wholly or partly within that area is appointed a voting member of the joint committee by the county council which is a relevant authority for the purposes of appointments to that committee ;
d
each district council which is a relevant authority for those purposes appoints as voting members at least the same number of members of the district council as has been appointed by the county council in accordance with sub-paragraph (c); but–
i
no district council member may be so appointed unless he is elected for a district ward which is wholly or partly within the area in respect of which the joint committee’s functions are discharged; and
ii
nothing in this sub-paragraph shall require the appointment of any district council member who is not so elected;
e
not more than two of the voting members of the joint committee appointed by each relevant authority have been elected for electoral divisions or wards which are outside that area.
.
Revocation of Regulations
3
Regulation 2 of, and Schedule 1 to, the Local Government (Committees) (Amendment) Regulations 1993 are revoked.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
1st March 1999


text:
Citation and commencement
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) Order 1999 Revocation Order 1999 and shall come into force at 13.00 hours on 16th April 1999.
Revocation
2
The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) Order 1999 is hereby revoked.
M Thomson
Assistant Secretary, Scottish Office
Pentland House,
Edinburgh
16th April 1999


text:
1
This Order may be cited as the European Communities (Definition of Treaties) (North-East Atlantic Fisheries Commission) Order 1999 and shall come into force on the date on which the Headquarters Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the North-East Atlantic Fisheries Commission enters into force. That date shall be notified in the London, Edinburgh and Belfast Gazettes.
2
The treaty specified in the Schedule to this Order is to be regarded as a Community Treaty as defined in section 1(2) of the European Communities Act 1972.
A.K. Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Railway Safety Regulations 1999 and shall come into force on 30th January 2000, except regulation 4 which shall come into force on 1st January 2003, regulation 5 which shall come into force on 1st January 2005, and regulation 7 which shall come into force on 1st April 2000.
Interpretation
2
1
In these Regulations, unless the context otherwise requires–
“approved” means approved for the time being in writing;
“buffer stop” means a buffer stop at the end of a passenger platform;
“emergency crossover” means a connection between two railway tracks to enable trains to change tracks and which is used–
in an emergency, or
to enable engineering work to be carried out, in accordance with special procedures established by the infrastructure controller;
“excessive speed” in relation to–
an approach to a stop signal or buffer stop, means such speed as would prevent the train from stopping at that signal or buffer stop,
an approach to part of the railway where there is a speed restriction, means such speed as would prevent the restriction from being complied with when the train enters that part, and for the purposes of this sub-paragraph a speed restriction shall be treated as being complied with if the speed of the train does not exceed the total of the permitted speed and such additional speed as may be approved by the Executive for the purpose of this sub-paragraph;
“infrastructure controller” has the meaning assigned to it by regulation 2(1) of the Railways (Safety Case) Regulations 1994 ;
“line speed” means the highest of the permitted speeds on the railway concerned;
“Mark I rolling stock” means rolling stock which has a structural underframe which provides its own longitudinal strength and has a passenger compartment created on the underframe which relies mainly on the underframe for its longitudinal strength;
“permitted speed” means the maximum speed permitted on the part of the railway concerned;
“railway” has the meaning assigned to it by the Schedule to these Regulations;
“relevant approach” means–
an approach to a stop signal referred to in sub-paragraph (a)(i) of the definition of “train protection system” in this regulation except where a train travelling at the maximum speed it could attain on that approach would be stopped within the distance between the signal and the point where it could collide with another train by reason of the train protection system installed at the stop signal;
an approach to part of the railway where there is a speed restriction if–
the permitted speed on that approach is 60 miles per hour or more; and
in order to comply with the restriction, a train travelling at the permitted speed on that approach would need to have its speed reduced by one third or more;
an approach to a buffer stop;
“speed restriction” means a permitted speed other than the line speed;
“stop signal” means a signal conveying to the driver of the train an instruction that he should stop the train except that it does not include–
a signal provided for shunting purposes only;
a hand signal; or
a buffer stop;
“temporary speed restriction” means a speed restriction which is in place for no longer than 3 months and used in accordance with special procedures established by the infrastructure controller;
“train” has the same meaning as in section 83(1) of the Railways Act 1993 ;
“train protection system” means equipment which–
causes the brakes of the train to apply automatically if the train–
passes without authority a stop signal such passing of which could cause the train to collide with another train, or
travels at excessive speed on a relevant approach;
is installed so as to operate at every stop signal referred to in sub-paragraph (a), except a stop signal on the approach to an emergency crossover, and at an appropriate place on every relevant approach; except that where it is reasonably practicable to install it, it means equipment which automatically controls the speed of the train to ensure, so far as possible, that a stop signal is not passed without authority and that the permitted speed is not exceeded at any time throughout its journey.
2
Nothing in these Regulations shall require equipment referred to in sub-paragraphs (a) and (b) of the definition of a train protection system to function in relation to a temporary speed restriction, and accordingly any reference in these Regulations to the permitted speed in relation to such equipment is, in a case where a temporary speed restriction is in place, a reference to the permitted speed which normally applies on that part of the line concerned.
3
Any reference in these Regulations to a person operating a train or rolling stock is a reference to the person operating a train or rolling stock for the time being in the course of a business or other undertaking carried on by him (whether for profit or not), but it does not include a self-employed person by reason only that he himself drives or otherwise controls the movement of a train.
4
Any reference in these Regulations, except regulation 4, to a train colliding with another train does not include a reference to a train colliding with the rear of another train travelling in the same direction on the same track.
5
Any reference in these Regulations to–
a
a numbered regulation is a reference to the regulation in these Regulations so numbered, and
b
a numbered paragraph is a reference to the paragraph so numbered in the regulation in which the reference appears.
Use of a train protection system
3
1
No person shall operate, and no infrastructure controller shall permit the operation of, a train on a railway unless a train protection system is in service in relation to that train and railway.
2
Until 1st January 2004 it shall be sufficient compliance with paragraph (1) if–
a
a programme for the installation and bringing into service of a train protection system in relation to that train and railway has been approved by the Executive and is being implemented; and
b
each part of the system which has been brought into service under that programme is maintained in service.
3
It shall be sufficient compliance with paragraph (1) if the train is being operated on a railway–
a
which immediately before the coming into force of this regulation was used (exclusively or not) by London Underground Limited, Tyne and Wear Passenger Transport Executive, Strathclyde Passenger Transport Executive, or Serco Metrolink Limited; and
b
in relation to which there is in service equipment which causes the brakes of the train to apply automatically if the train passes a stop signal without authority.
4
In any proceedings against a person for an offence for contravening paragraph (1) it shall be a defence for that person to prove that–
a
at the relevant time the train protection system (or, where paragraph (3) is relied on, the equipment referred to therein) or a relevant part had failed, or had been taken out of service, because of a fault;
b
in the case where the fault is in equipment on the train, the train had commenced its journey before the discovery of the fault or is being driven without passengers to a place for the purpose of repair;
c
it was not reasonably practicable to remedy the fault sooner; and
d
suitable measures had been taken after the discovery of the fault to mitigate the risk of trains colliding or derailing.
5
In any proceedings against a person for an offence of contravening paragraph (1) in so far as that paragraph relates to having in service in relation to a train on a railway the equipment referred to in the exception in the definition of “train protection system” in regulation 2(1), it shall be a defence for that person to prove that–
a
at the relevant time the equipment or a relevant part of it had failed, or had been taken out of service, because of a fault;
b
it was not reasonably practicable to remedy the fault sooner; and
c
equipment referred to in sub-paragraphs (a) and (b) of that definition was at the relevant time in service in relation to that train and railway.
Prohibition of Mark I rolling stock
4
1
No person shall operate, and no infrastructure controller shall permit the operation of, any Mark I rolling stock on a railway.
2
Paragraph (1) shall not apply to rolling stock which at the relevant time is being exclusively operated other than for the carriage of fare paying passengers or by London Underground Limited, Tyne and Wear Passenger Transport Executive, Strathclyde Passenger Transport Executive or Serco Metrolink Limited.
3
Until 1st January 2005 paragraph (1) shall not apply to Mark I rolling stock which has been modified so as to ensure that in the event of a collision–
a
the underframe of one vehicle will not ride over the underframe of another vehicle so modified (whether or not the other vehicle is part of the same train);
b
where sub-paragraph (a) is not practicable, the extent of any such riding over is as small as can practicably be achieved by a modification to the rolling stock.
4
In this regulation “modified” means modified by the installation of interlocking devices on vehicles and “modification” shall be construed accordingly.
Prohibition of hinged doors
5
1
No person shall operate, and no infrastructure controller shall permit the operation of any rolling stock on a railway if the rolling stock has hinged doors for use by passengers for boarding and alighting from the train (other than doors which have a means of centrally locking them in a closed position).
2
Paragraph (1) shall not apply to rolling stock which at the relevant time is being exclusively operated other than for the carriage of fare paying passengers.
Exemption certificates
6
1
The Executive may, by certificate in writing, exempt any person or class of persons, railway, part of a railway or class of railways, train or rolling stock, or class of train or rolling stock from any prohibition imposed by these Regulations and any such exemption may be granted subject to conditions and to a limit of time and may be revoked by a certificate in writing at any time.
2
Before granting an exemption the Executive shall consult such persons as it considers appropriate.
3
In deciding whether to grant any such exemption the Executive shall have regard to–
a
the conditions, if any which it proposes to attach to the exemption;
b
any other requirements imposed by or under any enactment which apply to the case;
c
all other circumstances of the case.
Amendments
7
In Part IV of Schedule 2 to the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 paragraph 72(1)(b) and (2), and the word “or” in paragraph 72(1)(a) shall be deleted.
John Prescott
Secretary of State for the Environment, Transport and the Regions.
30th July 1999


text:
Title and commencement
1
These Regulations may be cited as the Plant Health (Fees) (Forestry) (Great Britain) (Amendment) Regulations 1999 and shall come into force on 6th April 1999.
Amendment of the Plant Health (Fees) (Forestry) (Great Britain) Regulations 1996
2
1
The Plant Health (Fees) (Forestry) (Great Britain) Regulations 1996 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 1 (title, commencement, extent and interpretation), in paragraph (3) –
a
after the definition of “authority” there shall be inserted –
“Class A specified wood” means wood described in column 2 (description of relevant material) of items 1, 4 to 10 and 23 to 29 in Part A of Schedule 4 to the Order
“Class B specified wood” means wood described in column 2 (description of relevant material) of items 2, 2A and 3 in Part A of Schedule 4 to the Order;
;
b
for the definition of “relevant corresponding conditions” there shall be substituted –
“relevant corresponding conditions”, in relation to any Class A specified wood, Class B specified wood or specified isolated bark, means the conditions specified in column 3 (conditions of landing) and column 4 (certification) of Part A of Schedule 4 to the Order (material consigned directly from third countries whose landing in Great Britain is subject to special conditions) which correspond to that Class A specified wood, Class B specified wood or specified isolated bark;
; and
c
for the definition of “specified wood or isolated bark” there shall be substituted –
“specified isolated bark” means isolated bark described in column 2 (description of relevant material) of items 20 to 22 in Part A of Schedule 4 to the Order;
.
3
For Schedule 3 there shall be substituted the provisions of the Schedule to these Regulations.
In witness whereof the Official Seal of the Forestry Commissioners is hereunto affixed on
W.F.G. Strang
Secretary to the Forestry Commissioners
12th March 1999.


text:
Citation and commencement
1
This Order may be cited as the Coventry Millennium Education Action Zone Order 1999 and shall come into force on 10th January 2000.
Interpretation
2
In this Order–
“partners” means those persons listed in Schedule 1 to this Order; and
“zone school” means a school listed in Schedule 2 to this Order.
Constitution of education action zone
3
The schools listed in Schedule 2 to this Order shall constitute collectively an education action zone under the name of the Coventry Millennium Education Action Zone (“the zone”) for the purposes of Chapter III of Part I of the School Standards and Framework Act 1998.
Education Action Forum
4
1
There shall be an Education Action Forum for the zone to be known as the Coventry Millennium Education Action Forum (“the Forum”), the membership of which shall include–
a
one person appointed by the governing body of each zone school, unless any such governing body choose not to make such an appointment;
b
either one or two persons appointed by the Secretary of State; and
c
one person appointed by each partner, unless any partner chooses not to make such an appointment.
2
Where a partner is an individual he may appoint himself under paragraph (1)(c), but he shall cease to hold office as a member of the Forum if he ceases to hold the office by virtue of which he is a partner.
5
The Forum may at any time appoint additional members as follows–
a
up to four persons representing the interests of business in Coventry, of whom at least two should have an interest in the area served by the zone schools;
b
up to three persons representing the interests of the community in the area served by the zone, of whom at least one shall be a parent of a registered pupil attending a zone school;
c
up to two persons representing the interests of the voluntary sector in the area served by the zone schools;
d
up to two persons aged between sixteen and twenty four inclusive residing in the area served by the zone schools;
e
one trade union representative for each of the following groups: teachers working in zone schools, non-teaching support staff working in zone schools, community workers in Coventry;
f
up to four persons representing the interests of the education sector in Coventry, one of whom shall have experience in the special educational needs sector;
g
up to three persons nominated by Coventry City Council;
h
up to four persons representing the interests of partners in Coventry City Council’s Coventry Community Plan;
i
up to three persons representing the interests of minority ethnic communities living in the area served by the zone schools;
j
one person nominated by each of the organisations set out in Schedule 3;
k
up to four persons who are considered by the Forum to have areas of expertise or experience not otherwise represented on the Forum; and
l
up to three persons representing the interests of educational institutions that are not part of the zone.
Disqualification for membership of the Forum
6
Articles 7 to 9 shall have effect for the purpose of prescribing the circumstances and cases in which a person is to be disqualified for holding, or continuing to hold, office as a member of the Forum.
Disqualification for membership of the Forum — bankruptcy etc.
7
1
Subject to the provisions of this article, a person shall be disqualified for holding, or for continuing to hold, office as a member of the Forum if he has been adjudged bankrupt or has made a composition or arrangement with his creditors; and a member, on becoming so disqualified, shall give written notice of the fact to the secretary to the Forum.
2
Where a person is disqualified by reason of his having been adjudged bankrupt, that disqualification shall cease–
a
unless the bankruptcy order made against that person is previously annulled, on his discharge from bankruptcy; and
b
if the bankruptcy order is so annulled, on the date of the annulment.
3
Where a person is disqualified by reason of his having made a composition or arrangement with his creditors and he pays his debts in full, the disqualification shall cease on the date on which the payment is completed and in any other case it shall cease on the expiration of three years from the date on which the terms of the deed of composition or arrangement are fulfilled.
Disqualification for membership of the Forum — criminal convictions
8
1
Subject to paragraph (2) a person shall be disqualified for holding, or for continuing to hold, office as a member of the Forum if–
a
within five years before his appointment would otherwise have taken effect or since his appointment, he has been convicted, whether in the United Kingdom or elsewhere, of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine;
b
within twenty years before his appointment would otherwise have taken effect, he has been convicted as aforesaid and has had passed on him a sentence of imprisonment for a period of more than two and a half years; or
c
he has at any time been convicted as aforesaid and has had passed on him a sentence of imprisonment of not less than five years.
2
For the purposes of this article there shall be disregarded any conviction by or before a court outside the United Kingdom of an offence in respect of conduct which, if it had taken place in any part of the United Kingdom, would not have constituted an offence under the law in force in that part of the United Kingdom.
Disqualification — absence from meetings
9
Any member of the Forum who, without the consent of the Forum, has failed to attend the meetings thereof for a continuous period of six months beginning with the date of a meeting shall, on the expiry of that period, be disqualified for continuing to be a member of the Forum without prejudice however, to his re-appointment.
Chairman’s tenure of office
10
The chairman of the Forum elected in accordance with paragraph 2 of Schedule 1 to the School Standards and Framework Act 1998, shall hold office for one year from the date of his election (unless he resigns his office earlier), without prejudice to his eligibility to be re-elected for a further such period.
Estelle Morris
Minister of State,
Department for Education and Employment
15th December 1999


text:
1
This Order may be cited as The A1 Trunk Road (Barnet) Red Route (Speed Limit) Experimental Traffic Order 1999, and shall come into force on 6th May 1999.
2
No person shall drive any motor vehicle at a speed exceeding the limit shown in column (3) of the Schedule to this Order on the length of road specified in column (2) of the Schedule to this Order.
3
An entry in column (3) of an item in a Schedule to this Order applies to that column in subsequent items in that Schedule.
4
If it appears to the Traffic Director for London, or some person authorised by him, essential in the interests of the expeditious, convenient and safe movement of traffic, or of the provision of suitable and adequate parking facilities on the highway, or for preserving or improving the amenities of the area through which any road affected by this Order runs, and after consulting with the Commissioner of Police of the Metropolis, he may modify or suspend any provision of this Order, save that no modification shall make an addition.
5
1
Subject to paragraph (2) of this article, the A1 Trunk Road (Barnet) (50 mph Speed Limit) Order 1996 is hereby suspended, in so far as its provisions relate to the lengths of the trunk road red route specified in the Schedule to this Order.
2
The suspension specified in paragraph (1) of this article shall take effect in respect of any provision contained in the A1 Trunk Road (Barnet) (50 mph Speed Limit) Order 1996 only from the time at which the traffic sign indicating the effect of that provision has been obliterated.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
21st April 1999


text:
Title, Commencement and Interpretation
1
1
These Regulations may be cited as the Channel Tunnel Rail Link (Assessment of Environmental Effects) Regulations 1999 and shall come into force on 17th February 1999.
2
In these Regulations–
“the 1988 Regulations ” means the Town and Country Planning (Assessment of Environmental Effects) Regulations 1988 ;
“the 1994 Environmental Statement ” means the document called “The Environmental Statement for the Channel Tunnel Rail Link” deposited with the Bill for the 1996 Act pursuant to Standing Order 27A of the House of Commons upon the Bill’s introduction in the House of Commons on 23rd November 1994, including the supplements to that document deposited on 7th November 1995 and 5th December 1995;
“the 1996 Act” means the Channel Tunnel Rail Link Act 1996 ;
“exempt development” has the same meaning as in the 1988 Regulations;
“relevant planning authority ” means the body by whom, assuming no directions have been given under paragraph 30 of Schedule 6 to the Channel Tunnel Rail Link Act 1996, a request for approval under Part II or III of that Schedule is determined; and
“scheduled work” has the same meaning as in the 1996 Act.
Application
2
These Regulations apply to development consisting of the carrying out of any work authorised by the 1996 Act, other than–
a
a development which consists of the carrying out of a scheduled work,
b
a development which was commenced before the coming into force of these Regulations, or
c
a development for which the plans, specifications, arrangements or schemes for the restitution of land required to be approved by the relevant planning authority under Part II or III of Schedule 6 to the 1996 Act were approved before the coming into force of these Regulations.
Application of section 9(1) of the Channel Tunnel Rail Link Act 1996
3
The planning permission deemed to be granted by section 9(1) of the 1996 Act shall not apply to development to which these Regulations apply where–
a
the 1994 Environmental Statement does not contain, in relation to that development, all the information specified in paragraph 2 of Schedule 3 to the 1988 Regulations;
b
if the development were not authorised by the 1996 Act, it would not constitute exempt development; and
c
the development is of a description mentioned in–
i
Schedule 1 to the 1988 Regulations; or
ii
Schedule 2 to the 1988 Regulations, and would be likely to have significant effects on the environment by virtue of factors such as its nature, size or location.
Modification of the Town and Country Planning (Environmental Assessment and Permitted Development) Regulations 1995
4
1
Regulations 2, 3, 4 and 6 of the Town and Country Planning (Environmental Assessment and Permitted Development) Regulations 1995 , so far as not inconsistent with these Regulations, shall apply to development to which these Regulations apply, and shall have effect with the following modifications.
2
a
In regulation 2, for the words ““prospective developer”” to “would be determined;” there shall be substituted–
“nominated undertaker” has the same meaning as in the Channel Tunnel Rail Link Act 1996;
“relevant development” means development to which the Channel Tunnel Rail Link (Assessment of Environmental Effects) Regulations 1999 apply;
“relevant planning authority” has the same meaning as in the Channel Tunnel Rail Link (Assessment of Environmental Effects) Regulations 1999;
.
b
In regulations 3 and 4, for “prospective developer” there shall be substituted “nominated undertaker”.
c
In regulation 6(1)(e) and 6(2)(b), “or opinion” and “or 5” shall be omitted.
d
In regulation 6(1)(f), “or opinion” shall be omitted.
e
In the full out part of regulation 6(1), “opinion or” shall be omitted.
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
18th January 1999