text:
Citation and commencement
1
This Order may be cited as The Water Protection Zone (River Dee Catchment) Designation Order 1999 and shall come into force on 21st June 1999.
Interpretation
2
1
In this Order,
“ the Act ” means the Water Resources Act 1991;
“the 1994 Regulations ” means the Chemicals (Hazard Information and Packaging For Supply) Regulations 1994 ;
“the 1999 Regulations ” means the Water Protection Zone (River Dee Catchment) (Procedural and Other Provisions) Regulations 1999 ;
“ the Agency ” means the Environment Agency;
“agricultural unit” has the same meaning as in the Agriculture Act 1947 ;
“catchment control site” means a site used for or in connection with —
an industrial process;
the research and development of products or processes;
storage or as a distribution centre; or
the storage or treatment of water, surface water, trade effluent or domestic sewage;
within which there is kept or used, or proposed to be kept or used, a controlled substance but excluding a construction area, retail premises, a site within an agricultural unit and a site used for carrying on a prescribed process within the meaning of Part I of the Environmental Protection Act 1990 being a process designated for central control under that Part;
“construction area” means an area of land on, over or under which a building or other civil engineering operation is in the course of being constructed or carried out but does not include any other land in the vicinity thereof except that which is being used to facilitate the operation;
“contravention of protection zone control” has the meaning given in article 4(2);
“controlled activity” means the keeping or use of a controlled substance within a catchment control site;
“controlled substance” means any substance which is —
a dangerous substance;
a fuel, lubricant or industrial spirit or solvent, which is a liquid under normal conditions or which is kept as a liquid within a site;
a medicinal product within the meaning of the Medicines Act 1968 ;
food which is a liquid under normal conditions;
feeding stuff which is liquid under normal conditions;
an inorganic fertiliser;
a cosmetic product within the meaning of the Cosmetic Products (Safety) Regulations 1996 ; or
a substance identified by its manufacturer as being toxic, harmful, corrosive or irritant;
of which there is kept or used, or proposed to be kept or used, the relevant quantity:
but does not include —
controlled waste within the meaning of Part II of the Environmental Protection Act 1990 insofar as such waste is being treated, kept or disposed of in accordance with a waste management licence in force under the provisions of Part II of that Act;
radioactive waste, as defined in section 2 of the Radioactive Substances Act 1993 ;
any fuel used exclusively for the production of heat or power;
any substance contained in a pipe-line except in relation to a catchment control site where the pipeline has an inlet or outlet at the site;
any substance present at a site for a period of 24 hours or less whilst it is being conveyed from one place to another; or
any substance which is a gas or vapour under normal conditions;
“dangerous substance” means a substance dangerous for supply within the meaning of the 1994 Regulations and to which those Regulations apply, other than any such substance which is, in accordance with those Regulations, classified only as being a substance which is explosive, flammable, highly flammable or extremely flammable; and includes any substance listed among the families and groups of substances in List I or List II to the annex to the Council Directive 76/464/ EEC on Pollution caused by certain Dangerous Substances discharged into the Aquatic Environment of the Community;
“establishment period” means the period of 12 months ending on the date on which this Order comes into force;
“feeding stuff” means feeding stuff within the meaning of the Agriculture Act 1970 and any substance used as an ingredient in its manufacture;
“food” has the same meaning as in the Food Safety Act 1990 ;
“industrial process” means a process for or incidental to any of the following purposes —
the making of any article or substance or part of any article or substance (including food);
the altering, repairing, maintaining, ornamenting, finishing, cleaning, washing, packing, canning, adapting for sale, breaking up or demolition of any article or substance; or
the getting, dressing or treatment of minerals;
“inorganic fertiliser” means a fertiliser used for the cultivation of crops or plants of any description, including trees, which is in the form of inorganic salts obtained by extraction, physical industrial processes, chemical industrial processes, or a combination of any or all of these, and includes calcium cyanamide, and urea and its condensation products;
“minerals” has the same meaning as in the Town and Country Planning Act 1990 ;
“the protection zone” means the water protection zone designated by article 3 of this Order;
“protection zone consent” means consent to the carrying on of a controlled activity granted on application under the 1999 Regulations or duly claimed under article 6 of this Order;
“the relevant quantity” means —
in relation to food or feeding stuff which is not a dangerous substance, an amount comprising or in excess of 500 litres; and
in every other case, an amount equal to or in excess of —
50 litres when present in a single vessel; but otherwise
200 litres;
“retail premises” means any premises used wholly or mainly for the sale of goods to the public;
“site” means an area of land or a structure (whether floating or not) under the control of a person;
“substance” means any natural or artificial substance whether in solid or liquid form or in the form of a gas or vapour and includes any substance which is a mixture of two or more substances;
“vessel” means any container in which a controlled substance may be kept or used whether or not the container is designed or adapted for the purpose or is affixed to the land, and includes a container which forms part of plant or machinery.
2
In determining whether the relevant quantity of a controlled substance is kept or used or proposed to be kept or used within a site, no account shall be taken of any quantity of such a substance which is or is to be kept or used within the site in any vehicle, water-borne craft, aircraft or hovercraft for the purposes of the use of that vehicle or craft as a means of transport.
3
Any reference in this Order 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).
4
Any reference in this article to a liquid, gas or vapour under normal conditions is a reference to that liquid, gas or vapour in an unpressurised state at 15 degrees centigrade.
5
Where in this Order reference is made to a quantity of a substance expressed in litres, that reference shall mean —
a
in the case of a liquid, the volume in litres of that liquid; and
b
in the case of a solid, the same number of kilograms of that solid;
and for the purposes of aggregation, one litre of a liquid shall be deemed to be equivalent to one kilogram of a solid.
Designation of water protection zone
3
There is hereby designated as a water protection zone, to be known as “the River Dee Water Protection Zone”, the area edged in red on the map prepared in triplicate and marked “The map referred to in the Water Protection Zone (River Dee Catchment) Designation Order 1999” signed by the Parliamentary Under Secretary of State in the Department of the Environment, Transport and the Regions and the Parliamentary Under Secretary of State for Wales, of which one copy is deposited and available for inspection at the office of the Environment Agency at Chester Road, Buckley, Clwyd CH7 3AJ and one copy each at the offices of the Department of the Environment, Transport and the Regions, Ashdown House, 123 Victoria Street, London SW1E 6DE and the Welsh Office, Cathays Park, Cardiff CF1 3NQ respectively.
Requirement of consent for the carrying on of a controlled activity
4
1
No person shall carry on a controlled activity within the protection zone in contravention of protection zone control.
2
Subject to articles 5, 6 and 7 there is a contravention of protection zone control —
a
if a controlled activity is or has been carried on within the protection zone and either —
i
there is no protection zone consent for the carrying on of that activity; or
ii
there is protection zone consent for the carrying on of that activity but the quantity of controlled substances kept or used exceeds the maximum quantity permitted by the consent;
b
if there is or has been a failure to comply with a condition subject to which a protection zone consent was granted.
Contravention of protection zone control
5
1
If at any time on or after the expiry of six months after the date on which this Order comes into force, there is a contravention of protection zone control, any person causing or knowingly permitting it shall be guilty of an offence.
2
A person guilty of an offence under this article shall be liable —
a
on summary conviction, to imprisonment for a term not exceeding 3 months or to a fine not exceeding £20,000 or to both;
b
on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine or to both.
3
In any proceedings for an offence under this article it shall be a defence for the accused to prove —
a
that he took all reasonable precautions and exercised all due diligence to avoid commission of the offence; or
b
that commission of the offence could be avoided only by the taking of action amounting to a breach of a statutory duty.
4
In any proceedings for an offence consisting of a contravention falling within sub-paragraph (2)(a) of article 4, it shall be a defence for the accused to prove that at the time of the alleged commission of the offence he did not know, and had no reason to believe —
a
if the case falls within sub-paragraph (2)(a)(i), that the controlled activity was being carried on;
b
if the case falls within sub-paragraph (2)(a)(ii), that the controlled substance was kept or used in a quantity exceeding the maximum quantity permitted by the consent.
5
In any proceedings for an offence consisting of a contravention falling within sub-paragraph (2)(b) of article 4, it shall be a defence for the accused to prove that he did not know, and had no reason to believe, that there was a failure to comply with a condition subject to which protection zone consent had been granted.
Transitional Claims
6
1
Where a controlled activity was carried on at any catchment control site at any time within the establishment period, protection zone consent may be claimed under this article by the person in control of the site.
2
A claim under this article shall be made before the end of the transitional period on a form provided for the purpose by the Agency which shall incorporate or be accompanied by the information and other documentation specified in the Schedule to this Order.
3
Subject to paragraphs (4), (5) and (6) the Agency shall be deemed to have granted such protection zone consent as is claimed.
4
If it appears to the Agency that the claim fails to meet the requirements of paragraph (2) the Agency shall serve on the applicant within 4 weeks of its receipt of the claim a notice —
a
informing the applicant that in its opinion the claim failed to meet the requirements;
b
giving its reasons for that opinion; and
c
except where a claim was made after the end of the transitional period, inviting the applicant to make good any deficiencies in the claim within a specified period, being not less than 7 days beginning with the date of service of the notice.
5
If it appears to the Agency that the applicant has failed to comply with the provisions of the notice referred to in paragraph (4) it shall inform the applicant in writing before the end of the period of 2 weeks beginning with the end of the period specified in paragraph (4)(c) that the claim is invalid.
6
Protection zone consent which is claimed under this article is subject to conditions that:
a
the maximum aggregate quantity of the controlled substances that may be kept or used within the catchment control site to which the claim for consent relates at any one time shall not exceed the maximum quantity of those substances which were specified in the information supplied in accordance with paragraph (2) and were kept or used at any one time within the establishment period; and
b
each controlled substance will be kept and used in the place and manner in which information supplied in accordance with paragraph (2) shows that it was kept and used within the establishment period; and
c
none of the controlled substances shall be kept or used in a vessel greater in capacity than the vessel or the largest of the vessels, in which information supplied in accordance with paragraph (2) shows that the substance was kept or used within the establishment period.
8
In this article “the transitional period” means the period of 6 months beginning on the date in which this Order comes into force.
Transitional exemption from contravention proceedings
7
1
Where an application or claim for protection zone consent for a controlled activity is made on or before the expiry of six months after the date on which this Order comes into force, in accordance with regulation 5 of the 1999 Regulations or article 6 of this Order, as the case may be, no offence is committed under article 5 of this Order in relation to that activity until the application or claim is disposed of.
2
For the purposes of paragraph (1) an application under the 1999 Regulations is disposed of on the date on which the protection zone consent applied for is granted or if the application is refused the date on which —
a
the period for appealing expires without an appeal being made; or
b
any appeal is withdrawn or finally determined.
3
For the purposes of paragraph (1) a claim under article 6 of this Order is disposed of either at the expiry of the period of 6 weeks beginning with the date of the claim or, if the Agency informs the claimant that the claim is invalid under article 6(5), the date of that notification whichever is the earlier.
Signed by the 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


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Housing Renewal Grants (Prescribed Form and Particulars) (Amendment) Regulations 1999 and shall come into force on 30th June 1999.
Amendment of the Housing Renewal Grants (Prescribed Form and Particulars) Regulations 1996
2
The form set out in the Schedule to the Housing Renewal Grants (Prescribed Form and Particulars) Regulations 1996 is amended as specified in the Schedule to these Regulations.
Application
3
These Regulations shall not have effect in relation to applications for a grant made before 30th June 1999.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
3rd June 1999
Signed by authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under Secretary of State, Welsh Office
7th June 1999


text:
1
This Order may be cited as the A1 Trunk Road (Islington) (Temporary Prohibition of Traffic) Order 1999 and shall come into force on 17th June 1999.
2
This Order is made because the Traffic Director for London is satisfied that traffic on the length of road mentioned in the schedule to this Order should be prohibited from stopping because of the likelihood of danger to the public.
3
During the period starting at 00.00 hours on 17th June 1999 and ending at 17th December 2000 or when the likelihood of danger to the public has receded, whichever is the sooner, subject to the provisions of article 4 below, no person shall cause or permit any vehicle to stop at any time in the length of trunk road specified in the schedule to this Order.
4
1
The provisions of article 3 above shall apply only during such times and to such extent as may from time to time be indicated by traffic signs specified by regulations or authorised under section 64 of the Road Traffic Regulation Act 1984.
2
The provisions of article 3 do not apply in respect of:
i
any vehicle being used for fire brigade, ambulance or police purpose, or
ii
anything done with the permission or at the direction of a police constable in uniform or a traffic warden, or
iii
a bus stopped at a bus stop for as long as may be required to enable passengers to board or alight, or
iv
a bus stopped at a bus stop or a bus stand and being used for operational reasons in the course of providing a London bus service (as defined in section 34 of the Transport Act 1985 under an agreement with London Regional Transport or training drivers to allow such a service to be provided.
3
In this article “operational reasons” means:
a
to enable passengers to board and alight;
b
to enable crew changes to take place;
c
to maintain the scheduled timetable subject, in the case of a bus stop, to a maximum wait of two minutes.
5
In so far as, and during such times as, the prohibition specified in article 3 is in force, the provisions of the A1 Trunk Road (Islington) Red Route Traffic Order 1993 are hereby suspended so far as they relate to the length of road specified in the schedule to this Order.
Signed in accordance with a direction from the Secretary of State
Derek Turner
Traffic Director for London
27th May 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Transfer of Functions (Road Traffic) Order 1999.
2
This Order shall come into force on 27th December 1999.
3
In this Order–
“the transferor” means, in relation to anything transferred by this Order, the Minister or Ministers from whom it is transferred;
“the transferee” means, in relation to anything transferred by this Order, the Minister to whom it is transferred;
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ; and
“the 1988 Act ” means the Road Traffic Act 1988 .
Transfer of functions
2
1
The functions under sections 64 , 65 and 81(2) of the 1984 Act which are exercisable jointly by the Secretaries of State charged with general responsibility under that Act in relation to England, Wales and Scotland respectively are hereby transferred to the Secretary of State.
2
Any function under section 36(5) of the 1988 Act of the Secretary of State for the Environment, Transport and the Regions, the Secretary of State for Scotland or the Secretary of State for Wales is hereby transferred to the Secretary of State.
Supplemental and consequential
3
All property, rights and liabilities to which the transferor is entitled or subject at the coming into force of this Order in connection with any function transferred by this Order are hereby transferred to the Secretary of State for the Environment, Transport and the Regions.
4
1
This Order shall not affect the validity of anything done (or having effect as if done) by or in relation to the transferor before the coming into force of this Order.
2
Anything (including any legal proceedings) which, at the coming into force of this Order, is in the process of being done by or in relation to the transferor may, so far as it relates to anything transferred by this Order, be continued by or in relation to the transferee.
3
Anything done (or having effect as if done) by or in relation to the transferor for the purposes of or in connection with anything transferred by this Order shall, if in force at the coming into force of this Order, have effect as if done by or in relation to the transferee in so far as that is required for continuing its effect after the coming into force of this Order,
4
Any enactment or instrument passed or made before the coming into force of this Order shall have effect, so far as may be necessary for the purposes of or in consequence of any transfer effected by this Order, as if any references (including references which are to be construed as such references) to the transferor or his department or officers were references to the transferee or his department or officers, as the context may require.
5
In this article “instrument”, without prejudice to the generality of that expression, includes in particular Orders in Council, judgements, decrees, orders, rules, regulations, schemes, contracts and other agreements memoranda and articles of association, warrants, certificates and other documents.
A.K. Galloway
Clerk of the Privy Council


text:
Title and commencement
1
These Regulations may be cited as the Parliamentary Pension Scheme (Additional Voluntary Contributions) (Amendment) Regulations 1999 and shall come into force on 2nd April 1999.
Interpretation
2
In these Regulations–
“the AVC Regulations ” means the Parliamentary Pension Scheme (Additional Voluntary Contributions) Regulations 1993 ;
and other expressions shall have the same meaning as in the AVC Regulations.
Class A contributor
3
For the definition of “Class A contributor” in regulation 2(1) of the AVC Regulations, there shall be substituted–
“Class A contributor” means any contributor who joined the principal scheme on or after 1st June 1989 or any other contributor who has elected to become a Class A contributor (however termed) by giving notice in writing to the Trustees.
.
Contributions
4
For regulation 5(2)(a) of the AVC Regulations, there shall be substituted–
a
such amount determined by the Trustees on a basis acceptable to the Board of Inland Revenue as is likely to provide benefits equal to the limits set out in regulation 11;
.
Surplus monies
5
For regulation 12 of the AVC Regulations, there shall be substituted–
12
The Trustees shall comply with the requirements of regulation 5 (restriction on discretion to approve other schemes) of the Retirement Benefits Schemes (Restriction on Discretion to Approve) (Additional Voluntary Contributions) Regulations 1993 and, where the AVC scheme is the leading scheme in relation to a contributor, with the requirements of regulation 6 (calculation of surplus funds) of those Regulations so far as they concern main schemes.
.
Rt hon Margaret Beckett
Leader of the House of Commons
12th March 1999
I consent
Rt hon Dr Jack Cunningham
for the Minister for the Civil Service
12th March 1999


text:
PART I
GENERAL
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Town and Country Planning (Trees) Regulations 1999 and shall come into force on 2nd August 1999.
2
In these Regulations, unless the context otherwise requires —
“authority” means a local planning authority making, or having functions under, an order;
“land affected by the order” includes any land adjoining the land on which the trees, groups of trees or woodlands to which the order relates are situated;
“order” means a tree preservation order;
“person interested”, in relation to land affected by an order, means every owner and occupier of the land and every other person whom the authority know to be entitled to fell any of the trees to which the order relates or to work by surface working any materials in, on or under the land;
and any reference in these Regulations to a numbered section is a reference to the section so numbered in the Town and Country Planning Act 1990.
PART II
TREE PRESERVATION ORDERS
Form of tree preservation order
2
1
An order shall be in the form set out in the Schedule to these Regulations, or in a form substantially to the same effect and —
a
shall specify the trees, groups of trees or woodlands to which it relates;
b
where the order relates to a group of trees, shall specify the number of trees in the group; and
c
shall indicate the position of the trees, groups of trees or woodlands, as the case may be, by reference to a map.
2
An order shall contain or have annexed to it the map referred to in paragraph (1)(c); and where a map is annexed to an order it shall be treated as part of the order.
3
The map contained in, or annexed to, an order shall be prepared to a scale sufficient to give a clear indication of the position of the trees, groups of trees or woodlands to which the order relates.
Procedure after making an order
3
1
As soon as practicable after making an order, and before confirming it, the authority which made it shall —
a
serve on the persons interested in the land affected by the order —
i
a copy of the order; and
ii
a notice containing the particulars mentioned in paragraph (2); and
b
make a copy of the order available for public inspection, in accordance with paragraph (3).
2
The particulars mentioned in this paragraph are —
a
the reasons for making the order;
b
a statement that objections or other representations with respect to any trees, groups of trees or woodlands specified in the order may be made to the authority in accordance with regulation 4;
c
the date, being at least 28 days after the date of the notice, by which any objection or representation must be received by the authority;
d
a copy of regulation 4; and
e
where the order contains a direction under section 201 (provisional tree preservation orders), a statement of the effect of that direction.
3
Subject to regulations 6(c), 7(c) and 9(1)(c), a copy of the order shall be made available for inspection, free of charge, at all reasonable hours, at the offices of the authority by whom the order was made; and where an order is made on behalf of an authority, it shall be made available for inspection also at the offices of the authority on whose behalf it was made.
Objections and representations
4
1
Subject to paragraph (2), objections and representations —
a
shall be made in writing and —
i
delivered to the authority not later than the date specified by them under regulation 3(2)(c); or
ii
sent to the authority in a properly addressed and pre-paid letter posted at such time that, in the ordinary course of post, it would be delivered to them not later than that date;
b
shall specify the particular trees, groups of trees or woodlands (as the case may be) in respect of which the objections or representations are made; and
c
in the case of an objection, shall state the reasons for the objection.
2
The authority may treat as duly made objections and representations which do not comply with the requirements of paragraph (1) if, in the particular case, they are satisfied that compliance with those requirements could not reasonably have been expected.
Procedure for confirmation of a tree preservation order
5
1
The authority shall not confirm an order which they have made unless they have first considered any objections and representations duly made in respect of it and not withdrawn.
2
An authority may confirm an order with or without modification.
3
Where an order is confirmed it shall be endorsed to that effect, and the endorsement shall also indicate —
a
that the order was confirmed with modifications or without modification, as the case may be; and
b
the date on which it was confirmed.
4
Where an order is confirmed with modifications, the modifications shall be indicated in the order by distinctive type or other means.
Action after confirmation of tree preservation order
6
As soon as practicable after confirming an order, the authority which confirmed it shall —
a
notify the persons interested in the land affected by the order —
i
of the confirmation of the order;
ii
of the date on which the order was confirmed; and
iii
of the time within which an application may be made to the High Court under section 284 (validity of development plans and certain orders, decisions and directions), and of the grounds on which such an application may be made;
b
where the order was confirmed with modifications, send a copy of the order, as confirmed, to those persons; and
c
make a copy of the order, as confirmed, available for public inspection, in place of the copy made so available in accordance with regulation 3, but otherwise in accordance with paragraph (3) of that regulation.
Action where a tree preservation order is not confirmed
7
Where an authority decide not to confirm an order they shall as soon as practicable —
a
endorse the order with a statement to that effect and with the date of their decision;
b
notify the persons interested in the land affected by the order of their decision; and
c
withdraw from public inspection the copy of the order made available in accordance with regulation 3.
Variation of tree preservation orders
8
1
Where an authority vary an order they shall —
a
endorse the original order with a statement to the effect that the order has been varied, specifying the date of the variation order;
b
serve on the persons interested in the land affected by the variation order —
i
a copy of the variation order; and
ii
a statement explaining the effect of the variation order; and
c
make a copy of the variation order available for public inspection, in accordance with paragraph (3) of regulation 3.
2
Where an authority vary an order so as to add to Schedule 1 (and the map) references to trees, groups of trees or woodlands to which the order did not previously apply, regulations 3(1)(a)(ii) and (2) and 4 to 7 shall apply to the variation order as they applied to the order, subject to the substitution, for references to persons interested, of references to persons who are the owners and occupiers of the land affected by the variation order and every other person whom the authority know to be entitled to fell any of the trees to which the variation order relates, or to work by surface working any minerals in, on or under that land.
3
For the purpose of this regulation, “land affected by the variation order” includes any land adjoining the land on which the trees, groups of trees or woodlands to which the variation order relates are situated.
Revocation of tree preservation orders
9
1
Where an authority revoke an order they shall —
a
endorse the original order with a statement to the effect that the order has been revoked, specifying the date of the revocation order;
b
serve a copy of the revocation order on the persons interested in the land affected by the order; and
c
withdraw from public inspection the copy of the original order made available in accordance with regulation 3.
2
A revocation order shall contain a statement of the date on which it was made.
PART III
TREES IN CONSERVATION AREAS
Trees in conservation areas — exemptions
10
1
Section 211 (preservation of trees in conservation areas) shall not apply to —
a
the cutting down, uprooting, topping or lopping of a tree in the circumstances mentioned in section 198(6) or in article 5 of the prescribed form of tree preservation order set out in the Schedule to these Regulations;
b
the cutting down of a tree in accordance with a felling licence granted by the Forestry Commissioners under Part II (Commissioners' power to control felling of trees) of the Forestry Act 1967 ;
c
the cutting down of a tree in accordance with a plan of operations or other working plan approved by the Forestry Commissioners, and for the time being in force, under a forestry dedication covenant entered into under section 5 (forestry dedication covenants and agreements) of the Forestry Act 1967 or under the conditions of a grant or loan made under section 1 (finance for forestry) of the Forestry Act 1979 ;
d
the cutting down, uprooting, topping or lopping of a tree by, or on behalf of, a local planning authority;
e
the cutting down or uprooting —
i
of a tree whose diameter does not exceed 75 millimetres; or
ii
where carried out for the sole purpose of improving the growth of other trees, of a tree whose diameter does not exceed 100 millimetres; or
f
the topping or lopping of a tree whose diameter does not exceed 75 millimetres.
2
For the purpose of this regulation —
a
where a tree has more than one stem at a point 1.5 metres above the natural ground level its diameter shall be treated for the purposes of paragraph (1)(e)(i) and (f) or paragraph (1)(e)(ii) as exceeding 75 millimetres or 100 millimetres respectively, if any stem when measured over its bark at that point exceeds 75 millimetres or 100 millimetres respectively;
b
in any other case, the diameter of a tree shall be ascertained by measurement, over the bark of the tree, at a point 1.5 metres above the natural ground level.
PART IV
APPEALS TO BE DISPOSED OF ON THE BASIS OF WRITTEN REPRESENTATIONS AND OTHER DOCUMENTS
Application of Part IV and interpretation
11
1
This Part applies in relation to every appeal —
a
made on or after the date on which these Regulations come into force, under section 78 as applied to applications under orders; and
b
which is to be disposed of without a hearing or an inquiry to which rules under section 9 (procedure in connection with statutory inquiries) of the Tribunals and Inquiries Act 1992 apply.
2
In this Part —
“appeals questionnaire” means a document in the form supplied by the Secretary of State for the purposes of this Part;
“relevant time limit” means the time limit specified in regulation 13 or in any paragraph of regulation 14, or any such time limit as varied under regulation 15; and
“starting date”, in relation to an appeal, means the date notified by the Secretary of State under regulation 12 as applicable to procedures under this Part as regards that appeal.
Notification of starting date
12
The Secretary of State shall, on receipt of an appeal to which this Part applies, inform the appellant and the authority, by notice in writing, of the starting date.
Authority’s response to appeal
13
The authority shall, not later than two weeks after the starting date, submit to the Secretary of State an appropriately completed appeals questionnaire and a copy of the documents referred to in that questionnaire.
Additional and further representations
14
1
The appellant and the authority may make additional representations, and any such representations shall be submitted to the Secretary of State not later than six weeks after the starting date.
2
The Secretary of State shall, by notice in writing, invite the appellant to make further representations in response to —
a
the documents submitted in accordance with regulation 13; and
b
the authority’s additional representations (if any) submitted in accordance with paragraph (1),
and the appellant’s further representations (if any) shall be submitted to the Secretary of State not later than two weeks after the date of service of that notice.
3
Where the appellant has submitted additional representations in accordance with paragraph (1), the Secretary of State shall, by notice in writing, invite the authority to make further representations in response to the appellant’s additional representations, and such further representations (if any) shall be submitted to the Secretary of State not later than two weeks after the date of service of that notice.
Power to vary relevant time limits
15
The Secretary of State may, by giving a direction by notice in writing to the appellant and the authority, vary any relevant time limit in a particular case.
Decision on basis of material submitted within relevant time limits
16
1
The Secretary of State may proceed to a decision taking into account only such representations and supporting documents as have been submitted within the relevant time limits.
2
The Secretary of State may, after giving the appellant and the authority notice in writing of his intention to do so, proceed to a decision notwithstanding that no representations have been made within the relevant time limits, if it appears to him that he has sufficient material before him to enable him to reach a decision on the merits of the case.
PART V
AMENDMENT OF REGULATIONS, REVOCATIONS AND SAVINGS
Amendment of the Town and Country Planning General Regulations 1992
17
The Town and Country Planning General Regulations 1992 are amended —
a
in regulation 2 (application of provisions of the 1990 Act) —
i
in paragraph (1), by the substitution for “11 below” of “11A below”; and
ii
in paragraph (2), by the substitution for “regulation 11” of “regulations 11 and 11A”;
b
in regulation 11 (other consents) —
i
by the insertion after “they shall” of “, subject to paragraph (2) and regulation 11A,”;
ii
at the end, by the addition of the following —
2
Where the consent sought under Part VIII is under a tree preservation order, the application shall be determined by the interested planning authority.
3
Notwithstanding anything in section 101 (arrangements for the discharge of functions by local authorities) of the Local Government Act 1972 , no application may be determined under paragraph (2) —
a
by a committee or sub-committee of the interested planning authority if that committee or sub-committee is responsible (wholly or partly) for the management of any land to which the application relates; or
b
by an officer of the interested planning authority if his responsibilities include any aspect of the management of any land to which the application relates.
; and
c
after regulation 11, by the insertion of the following —
Applications by interested planning authorities under tree preservation orders
11A
1
Before determining an application under regulation 11(2) the interested planning authority shall publicise it by posting a notice in at least one place on or near the land to which the application relates for not less than 21 days.
2
A notice under paragraph (1) shall —
a
identify the tree or trees to which the application relates (if necessary by reference to a plan);
b
specify the work for which consent is sought;
c
state the interested planning authority’s reasons for making the application;
d
state the place at which a copy of the application may be inspected;
e
state the address to which representations may be sent; and
f
state the date (being not less than 21 days from the date on which the notice is first displayed) by which representations shall be made,
and shall be sited and displayed in such a way as to be easily visible and legible by members of the public.
3
Where a notice under paragraph (1) is, without any fault or intention of the interested planning authority, removed, obscured or defaced before the date referred to in paragraph (2)(f), the authority shall be treated as having complied with the requirements of paragraph (1) if they have taken reasonable steps to preserve the notice and, if necessary, replace it.
4
In determining an application under regulation 11(2), the interested planning authority shall take into account any representations made by the date specified in the notice under paragraph (1) of this regulation.
5
The interested planning authority shall give notice of their decision to every person who made representations which the authority were required to take into account.
Revocation and savings
18
1
Subject to paragraph (2), the Town and Country Planning (Tree Preservation Order) Regulations 1969 , the Town and Country Planning (Tree Preservation Order) (Amendment) and (Trees in Conservation Areas) (Exempted Cases) Regulations 1975 , the Town and Country Planning (Tree Preservation Order) (Amendment) Regulations 1981 , the Town and Country Planning (Tree Preservation Order) (Amendment) Regulations 1988 , and so much of article 2 of, and the Schedule to, the Electricity Act 1989 (Consequential Modifications of Subordinate Legislation) Order 1990 as relates to the Town and Country Planning (Tree Preservation Order) Regulations 1969, are hereby revoked.
2
Nothing in paragraph (1) shall affect any order made before the date on which these Regulations come into force (whether the order is confirmed before that date or not).
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Michael Meacher
Minister of State,
Department of the Environment, Transport and the Regions
30th June 1999
Signed by authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under-Secretary of State, Welsh Office
25th June 1999


text:
Citation, commencement and application
1
1
This Order may be cited as the Shetland Islands Council (Electoral Arrangements) Order 1999 and shall come into force on 1st February 1999.
2
This Order shall apply only for the purposes of elections to be held after 30th April 1999.
Interpretation
2
In the Schedule to this Order–
a
a reference to–
i
an electoral ward is a reference to that electoral ward as constituted in this Order; and
ii
a road, footpath, railway line, river, burn or canal shall, where the context so admits, be construed as a reference to the centre line of the feature concerned; and
b
the following abbreviations are used:–
“EW” for electoral ward;
“NG Ref” for National Grid Reference as published on Ordnance Survey Maps.
Electoral arrangements
3
The area of Shetland Islands Council shall be divided into 22 wards, having the names, contents and boundaries set forth in the Schedule to this Order.
Revocation
4
The Shetland Islands Area (Electoral Arrangements) Order 1992 is hereby revoked.
Henry McLeish
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
15th January 1999


text:
PART I
GENERAL
Citation and commencement
1
1
These Regulations may be cited as the Telecommunications (Data Protection and Privacy) Regulations 1999.
2
These Regulations shall come into force–
a
for the purposes of regulation 3(2), on 16th August 1999;
b
for all other purposes, on 1st March 2000.
Interpretation
2
1
In these Regulations–
“the Act of 1984 ” means the Telecommunications Act 1984 ;
“bill” includes an invoice, account, statement or other instrument of the like character and “billing” shall be construed accordingly;
“corporate subscriber” means a subscriber who is not an individual, that is to say a subscriber who is–
a company within the meaning of section 735(1) of the Companies Act 1985 ;
a company incorporated in pursuance of a royal charter or letters patent;
a partnership in Scotland;
a corporation sole; or
any other body corporate or other entity which is a legal person distinct from the persons (if any) of which it is composed;
“the Data Protection Commissioner” and “the Commissioner” both mean the Commissioner appointed under section 6 of the Data Protection Act 1998 ;
“ the Directive ” means Directive 97/66/ EC of the European Parliament and of the Council of the European Union ;
“ the Director ” means the Director General of Telecommunications appointed under section 1 of the Act of 1984;
“individual” means a living individual and includes an unincorporated body of such individuals;
“public telecommunications network” means any transmission system, and any associated switching equipment and other resources, which (in either case)–
permit the conveyance of signals between defined termination points by wire, by radio, by optical or by other electro-magnetic means, and
are used, in whole or in part, for the provision of publicly available telecommunications services;
“relevant telecommunications network”, in relation to a telecommunications service provider, means a public telecommunications network which is used by that service provider for the provision of publicly available telecommunications services;
“relevant telecommunications service provider” means–
in relation to a user, the provider of the services he uses, and
in relation to a subscriber, the provider who provides him with services;
“subscriber” means a person who is a party to a contract with a telecommunications service provider for the supply of publicly available telecommunications services;
“telecommunications network provider” means a person who provides a public telecommunications network (whether or not he is also a telecommunications service provider);
“telecommunications service provider” means a person who provides publicly available telecommunications services (whether or not he is also a telecommunications network provider);
“telecommunications services” means services the provision of which consists, in whole or in part, of the transmission and routing of signals on telecommunications networks, not being services by way of radio or television broadcasting;
“user” means an individual using a publicly available telecommunications service (whether or not he is a subscriber).
2
Section 1 of the Data Protection Act 1998 (basic interpretative provisions) shall have effect for the purposes of these Regulations as it has effect for the purposes of that Act.
3
Subject to paragraphs (1) and (2) and except where the context otherwise requires, expressions used in these Regulations which are also used in the Directive have the same meanings in these Regulations as they have in the Directive.
4
In a case in which signals are conveyed to telecommunications equipment used by a subscriber wholly or partly otherwise than by line, any reference in these Regulations to a line shall be construed as including a reference to what, in that case, functionally corresponds to a line and “connected”, in relation to a line, shall be construed accordingly.
Revocation and amendment of provisions and modification of contracts
3
1
The Telecommunications (Data Protection and Privacy) (Direct Marketing) Regulations 1998 are hereby revoked.
2
Until the coming into force of paragraph (1) on 1st March 2000 and the revocation thereby of the said Regulations of 1998, those Regulations shall have effect subject to the amendment set out in Part I of Schedule 1.
3
The amendments set out in Part II of Schedule 1 shall have effect.
4
To the extent that any term in a contract between–
a
a subscriber to, and the provider of, publicly available telecommunications services, or
b
such a provider and a telecommunications network provider,
would be inconsistent with a requirement of these Regulations, that term shall be void.
Requirements of Regulations
4
Notwithstanding that the requirements of these Regulations are requirements imposed by law, where a person is required to provide, or ensure the provision of, a facility he may make a reasonable charge in respect thereof save insofar as is otherwise provided in regulations 11(2) and (3), 12(2) and (3), 18(1), 19(1) and 31.
Consents, notices, notifications and requests for purposes of Regulations
5
1
Except where the context otherwise requires, a consent, notice or notification for the purposes of these Regulations may be in general or more limited terms and may be subject to conditions.
2
A consent, notice, notification or request for the purposes of these Regulations may (without prejudice to any other method of transmission) be sent by post.
PART II
TRAFFIC AND BILLING DA TA
Limitation on processing certain traffic data
6
1
This regulation relates to data which–
a
are in respect of traffic handled by a telecommunications network provider or a telecommunications service provider;
b
are processed to secure the connection of a call and held by the provider concerned; and
c
constitute personal data whereof the data subject is a subscriber to, or user of, any publicly available telecommunications service or, in the case of a corporate subscriber, would constitute such personal data if that subscriber were an individual.
2
Upon the termination of the call in question, save as provided in regulations 7(2) and 8(2), such data as are mentioned in paragraph (1) shall be erased or shall be so dealt with that they cease to be such data as are mentioned in paragraph (1)(c).
Limitation on processing certain billing data
7
1
This regulation relates to the processing of any such data as are mentioned in Schedule 2 and are held by a telecommunications network provider or a telecommunications service provider for purposes connected with the payment of sums falling to be paid–
a
by a subscriber, or
b
by way of interconnection charges.
2
Such data as are mentioned in paragraph (1) of that regulation, such data as are mentioned in paragraph (1) of this regulation may, and may only, be processed for the purposes there mentioned until the expiry of the period during which legal proceedings may be brought in respect of the payments due, or alleged to be due, or where such proceedings are brought within that period, until those proceedings are finally determined and, for the purposes hereof, the proceedings shall not be taken to be finally determined–
a
until the end of the ordinary time for an appeal by either party, if no appeal proceedings are brought within that time, or
b
if any such proceedings are so brought, until the conclusion of the appeal proceedings.
3
References in paragraph (2) to appeal proceedings include references to an application for leave to appeal.
Processing of billing data for certain marketing purposes by a telecommunications service provider
8
1
This regulation relates to the processing of such data as are mentioned in Schedule 2 which–
a
are held by a telecommunications service provider, and
b
constitute personal data whereof the data subject is a subscriber to that service or, in the case of a corporate subscriber, would constitute such data if that subscriber were an individual.
2
Such data as are mentioned in paragraph (1) of that regulation, such data as are mentioned in paragraph (1) of this regulation may be processed by the telecommunications service provider concerned for the purposes of marketing telecommunications services which he provides if, but only if, the subscriber concerned has given his consent.
Further provisions relating to the processing of traffic and billing data
9
1
This regulation relates to the processing by either a telecommunications network provider or a telecommunications service provider (“the relevant person”) of data to which regulation 6, 7 or 8 relates.
2
The processing of such data as are mentioned in paragraph (1) shall, without prejudice to any other restriction contained in this Part, be restricted to what is necessary for the purposes of such an activity as is mentioned in paragraph (3) or for the purposes of regulation 6(2) and (unless the relevant person is an individual and the processing is carried out by him personally) processing for such purposes shall only be carried out by a person–
a
acting under the authority of the relevant person, and
b
whose activities under that authority include such an activity as is mentioned in paragraph (3).
3
The activities referred to in paragraph (2) are activities relating to–
a
the management of billing or traffic;
b
customer enquiries;
c
the prevention or detection of fraud, and
d
the marketing of any telecommunications services provided by the relevant person.
Savings relating to the settling of disputes
10
Nothing in this Part shall preclude the furnishing of billing or traffic data to a person who is a competent authority for the purposes of any provision relating to the settling of disputes (by way of legal proceedings or otherwise) which is contained in, or made by virtue of, any enactment.
PART III
CALLING OR CONNECTED LINE IDENTIFICATION
Prevention of calling line identification — outgoing calls
11
1
This regulation relates to outgoing calls on a line.
2
The relevant telecommunications service provider shall ensure that a user originating a call has, subject to regulations 13 and 14, as respects that call, a simple means to prevent, without charge, presentation of the identity of the calling line on the connected line.
3
The relevant telecommunications service provider shall ensure that a subscriber has, subject to regulations 13 and 14, as respects his line and all calls originating therefrom, a simple means to prevent, without charge, presentation of the identity of his line on any connected line.
Prevention of calling or connected line identification — incoming calls
12
1
This regulation relates to incoming calls on a line.
2
Where presentation on the connected line of the identity of the calling line is available, the relevant telecommunications service provider shall ensure that the called subscriber has a simple means to prevent, without charge for reasonable use of the facility, presentation of the identity of a calling line on the connected line.
3
Where presentation on the calling line of the identity of the connected line is available, the relevant telecommunications service provider shall ensure that a called subscriber has a simple means to prevent, without charge, presentation of the identity of the connected line on any calling line.
4
Where presentation on the connected line of the identity of the calling line, before the establishment of a call, is available, the relevant telecommunications service provider shall ensure that the called subscriber has, as respects all or particular calls in the case of which such presentation has been prevented as mentioned in regulation 11(2) or (3), a simple means to reject the calls in question.
5
In this regulation “called subscriber” means the subscriber whose line is the called line (whether or not it is also the connected line).
999 or 112 calls
13
1
This regulation relates to calls to the emergency services made using either the national emergency call number 999 or the single European emergency call number 112 (“999 or 112 calls”).
2
In order to facilitate responses to such calls–
a
all 999 or 112 calls shall be excluded from the calls referred to in regulation 11, and
b
in relation to 999 or 112 calls, no person shall be entitled to prevent the presentation on the connected line of the identity of the calling line.
Tracing of malicious or nuisance calls
14
1
This regulation shall apply where the relevant telecommunications service provider has been notified by a subscriber that he requests the tracing of malicious or nuisance calls received on his line.
2
Until such time as action in pursuance of such a request has ceased, the relevant telecommunications service provider or the provider of a relevant telecommunications network, where the subscriber has made application in that behalf, may–
a
in relation to calls in relation to which the subscriber’s line is the called line, and
b
so far as it appears to the provider in question necessary or expedient for the purposes of such action,
override anything done to prevent the presentation of the identity of the calling line.
3
Any term of a contract for the provision of telecommunications services which relates to such prevention shall have effect subject to the provisions of paragraph (2).
4
In relation to such calls as are mentioned in paragraph (2)(a), nothing in these Regulations shall preclude the relevant telecommunications service provider, or a provider of a relevant telecommunications network, from holding and making available to a person with a legitimate interest therein, data containing the identification of a calling subscriber which were obtained while paragraph (2) applied.
Facilities for calling or connected line identification to be publicised
15
A telecommunications service provider who offers facilities for calling or connected line identification shall take all reasonable steps to publicise that he does so and of the effect of this Part in relation thereto.
Supplementary provisions
16
1
Any other telecommunications service provider and any telecommunications network provider shall comply with any reasonable requests made by a relevant telecommunications service provider for the purposes of regulation 11, 12 or 14.
2
Where a subscriber has two or more lines, regulations 11 and 12 shall, in his case, have effect separately as respects each line as if that line were his only line.
PART IV
DIRECTORIES OF SUBSCRIBERS
Application and interpretation of Part IV
17
1
This Part shall apply in relation to a directory of subscribers to publicly available telecommunications services, whether in printed form or in electronic form–
a
which is made available to the public or a section of the public, or
b
information from which is provided by a directory enquiry service.
2
In this Part any reference to a directory is a reference to such a directory as is mentioned in paragraph (1), “production” in relation to a directory means its publication or preparation and cognate expressions shall be construed accordingly.
3
Such a request as is mentioned in paragraph (3) of regulation 18 or paragraph (2) of regulation 19 shall be treated for the purposes of the regulation in question as having no application in relation to an edition of a directory which was first produced before the request was received by the producer of the directory; and, for the purposes hereof, an edition of a directory which is revised after it was first produced shall be treated as a new edition.
Entries relating to individuals
18
1
This regulation applies in relation to a directory which includes entries which relate to subscribers who are individuals, and any person who produces such a directory shall, without charge to any such subscriber, ensure that it complies with this regulation.
2
Except to the extent, if any, to which the subscriber in question has consented otherwise, such a directory shall not contain any personal data whereof the data subject is a subscriber who is an individual other than data which are necessary to identify him and the number allocated to him.
3
Without prejudice to paragraph (2), where a subscriber who is an individual has so requested the producer of such a directory then, in his case–
a
no entry relating to a number specified in the request shall be included in that directory;
b
no entry therein shall contain a reference which reveals his sex; and
c
no such entry shall contain such part of his address as is so specified.
4
Where, in connection with the production of a directory, information relating to a particular subscriber is supplied to the producer thereof by some other person–
a
where the other person has in his possession such a request by that subscriber as is mentioned in paragraph (3) (to whomsoever made) or a copy or record of such a request, he shall, without undue delay, transmit a copy of that request or a copy of that record to the producer of the directory, and
b
subject to receipt by the producer of the directory of a copy of a request or of a record thereof so transmitted, the request in question shall be treated for the purposes of paragraph (3) as if it had been made to that producer.
Entries relating to corporate subscribers
19
1
This regulation applies in relation to a directory which includes entries which relate to corporate subscribers and any person who produces such a directory shall, without charge to any such subscriber, ensure that it complies with this regulation.
2
Where a corporate subscriber has so requested the producer of such a directory, then, in its case, no entry relating to a number specified in the request shall be included in that directory.
3
Paragraph (4) of regulation 18 shall have effect for the purposes of this regulation as if any reference therein to paragraph (3) of that regulation were a reference to paragraph (2) of this regulation.
Supplementary provisions relating to directory enquiry services
20
Where a person directs an enquiry relating to a particular subscriber to a directory enquiry service but there is either no entry relating to that subscriber, or no entry relating to his number, in a directory used by that service, nothing in this Part shall be taken to preclude the person in question being told the reason, or possible reason, why there is no such entry, in particular, that, in pursuance of a request made by the subscriber for the purposes of regulation 18(3), regulation 18(3)(a) applies or, in the case of a corporate subscriber, in pursuance of a request made by it for the purposes of regulation 19(2), that provision applies.
PART V
USE OF TELECOMMUNICATIONS SERVICES FOR DIRECT MARKETING PURPOSES
Application and interpretation of Part V
21
1
This Part shall apply in relation to the use of publicly available telecommunications services for direct marketing purposes.
2
Any reference in this Part to direct marketing is a reference to the communication of any advertising or marketing material on a particular line.
3
In this Part, “caller” means a person using publicly available telecommunications services for direct marketing purposes, except that where such services are so used at the instigation of some other person “caller” means that other person.
4
In regulations 26(3) and 27(5) and (6), “directory of subscribers” means a directory of subscribers to publicly available telecommunications services, whether in printed form or in electronic form, which is made available to the public or a section of the public and, in relation to such a directory, “producer” means the person by whom the directory is published or prepared.
Use of automated calling systems for direct marketing purposes — communications on lines of individual or corporate subscribers
22
1
This regulation applies in relation to the use of publicly available telecommunications services by means of an automated calling system (that is to say, a system which, when activated, operates to make calls without human intervention) for the communication of material for direct marketing purposes, whether the called line is that of a subscriber who is an individual or that of a corporate subscriber.
2
A person shall not use, or instigate the use of, publicly available telecommunications services, and a subscriber to such services shall not permit his line to be used, as mentioned in paragraph (1), except where the called line is that of a subscriber who has previously notified the caller that for the time being he consents to such communications as are there mentioned being sent by, or at the instigation of, the caller in question on that line.
Use of fax for direct marketing purposes — unsolicited communications on lines of individual or corporate subscribers
23
1
This regulation applies in relation to the use of publicly available telecommunications services for the unsolicited communication of material, for direct marketing purposes, by means of facsimile transmission, whether the called line is that of a subscriber who is an individual or that of a corporate subscriber; and, in a case in which an automated calling system within the meaning of regulation 22(1) is used, the provisions of this regulation and those of regulation 22 are without prejudice to each other.
2
A person shall not use, or instigate the use of, publicly available telecommunications services, and a subscriber to such services shall not permit his line to be used, as mentioned in paragraph (1) where–
a
the called line is that of a subscriber who has previously notified the caller (notwithstanding, in the case of a subscriber who is an individual, that he enjoys the benefit of regulation 24) that such unsolicited communications as are so mentioned should not be sent on that line, or
b
the number allocated to a subscriber in respect of the called line is one listed in the record kept under paragraph (4).
3
For the purposes of paragraphs (1) and (2), the communication of material as mentioned in paragraph (1) shall not be treated as unsolicited where the called line is that of a subscriber who has notified the caller that he does not for the time being object to such communications as are so mentioned being sent by, or at the instigation of, the caller in question on that line.
4
For the purposes of this regulation–
a
the Director shall maintain and keep up-to-date, in printed form or in electronic form, a record of the numbers allocated to subscribers, in respect of particular lines, who have notified him (notwithstanding, in the case of individuals, that they enjoy the benefit of regulation 24) that they do not for the time being wish to receive such communications as are mentioned in paragraph (1) on the lines in question, and he shall remove a number from the record where he has reason to believe that it has ceased to be allocated to the subscriber by whom he was so notified, and
b
on the request of–
i
a person wishing to send, or instigate the sending of, such communications, or
ii
a subscriber wishing to permit the use of his line for the sending of such communications,
for information derived from that record, the Director shall, unless it is not reasonably practicable so to do, on the payment to him of such fee as is applicable and is, subject to paragraph (5), required by him, make the information requested available to that person or that subscriber.
5
For the purposes of paragraph (4)(b) the Director may require different fees–
a
for making available information derived from the record in different forms or manners, or
b
for making available information derived from the whole or from different parts of the record,
but the fees required by him shall be ones in relation to which the Secretary of State has notified the Director that he is satisfied that they are designed to secure, as nearly as may be and taking one year with another, that the aggregate fees received, or reasonably expected to be received, equal the costs incurred, or reasonably expected to be incurred, by the Director, in discharging his duties under paragraph (4).
6
The functions of the Director under paragraph (4), other than the function of determining the fees to be required for the purposes of sub-paragraph (b) thereof, may be discharged on his behalf by some other person in pursuance of arrangements in that behalf made by the Director with that other person.
Use of fax for direct marketing purposes — communications on lines of subscribers who are individuals
24
1
This regulation applies in relation to the use of publicly available telecommunications services for the communication of material, for direct marketing purposes, by means of facsimile transmission where the called line is that of a subscriber who is an individual; and–
a
the provisions of this regulation and those of regulation 23 are without prejudice to each other, and
b
in a case in which an automated calling system within the meaning of regulation 22(1) is used, the provisions of this regulation and those of regulation 22 are without prejudice to each other.
2
A person shall not use, or instigate the use of, publicly available telecommunications services, and a subscriber to such services shall not permit his line to be used, as mentioned in paragraph (1), except where the called line is that of a subscriber who has previously notified the caller that he consents for the time being to such communications as are there mentioned being sent by, or at the instigation of, the caller in question on that line.
Unsolicited calls for direct marketing purposes on lines of subscribers who are individuals
25
1
This regulation applies in relation to the use of publicly available telecommunications services for the purposes of making unsolicited calls, for direct marketing purposes, otherwise than in a case in which the material communicated is communicated by means of facsimile transmission, where the called line is that of a subscriber who is an individual; and, in a case in which an automated calling system within the meaning of regulation 22(1) is used, the provisions of this regulation and those of regulation 22 are without prejudice to each other.
2
A person shall not use, or instigate the use of, publicly available telecommunications services, and a subscriber to such services shall not permit his line to be used, as mentioned in paragraph (1) where–
a
the called line is that of a subscriber who has previously notified the caller that such unsolicited calls as are there mentioned should not for the time being be made on that line, or
b
the number allocated to a subscriber in respect of the called line is one listed in the record kept under paragraph (4).
3
For the purposes of paragraphs (1) and (2), a call on a subscriber’s line shall not be treated as an unsolicited call if that subscriber has notified the caller that he does not object to calls being made by, or at the instigation of, the caller in question for direct marketing purposes on that line.
4
For the purposes of this regulation–
a
the Director shall maintain and keep up-to-date, in printed form or in electronic form, a record of the numbers allocated to subscribers who are individuals, in respect of particular lines, who have notified him that they do not for the time being wish to receive unsolicited calls made for direct marketing purposes on the lines in question, and he shall remove a number from the record where he has reason to believe that it has ceased to be allocated to the subscriber by whom he was so notified, and
b
on the request of–
i
a person wishing to make, or instigate the making of, such calls, or
ii
a subscriber wishing to permit the use of his line for the making of such calls,
for information derived from that record, the Director shall, unless it is not reasonably practicable so to do, on the payment to him of such fee as is applicable and is, subject to paragraph (5), required by him, make the information requested available to that person or that subscriber.
5
For the purposes of paragraph (4)(b) the Director may require different fees–
a
for making available information derived from the record in different forms or manners, or
b
for making available information derived from the whole or from different parts of the record,
but the fees required by him shall be ones in relation to which the Secretary of State has notified the Director that he is satisfied that they are designed to secure, as nearly as may be and taking one year with another, that the aggregate fees received, or reasonably expected to be received, equal the costs incurred, or reasonably expected to be incurred, by the Director in discharging his duties under paragraph (4).
6
The functions of the Director under paragraph (4), other than the function of determining the fees to be required for the purposes of sub-paragraph (b) thereof, may be discharged on his behalf by some other person in pursuance of arrangements in that behalf made by the Director with that other person.
Notifications for the purposes of regulation 23(4)(a) or 25(4)(a)
26
1
Where any such person as is mentioned in paragraph (3) has in his possession such a notification as is mentioned in regulation 23(4)(a) or regulation 25(4)(a) (to whomsoever it is addressed) or a copy or record of such a notification–
a
he shall, without undue delay, transmit a copy of that notification or a copy of that record to the Director, and
b
subject to receipt by the Director of a copy of a notification or of a record thereof so transmitted, the notification in question shall be treated for the purposes of regulation 23(4)(a) or, as the case may be, regulation 25(4)(a) as if it had been given to the Director.
2
Where the Director has made arrangements in pursuance of paragraph (6) of regulation 23 or, as the case may be, paragraph (6) of regulation 25 for the discharge of functions under paragraph (4) of the regulation in question by some other person on his behalf, paragraph (1) of this regulation shall have effect, in relation to such a notification as is mentioned in paragraph (4)(a) of the regulation in question, as if for the reference to the Director in sub-paragraph (a) and the first reference to him in sub-paragraph (b) there were substituted references to that other person.
3
The persons referred to in paragraph (1) are–
a
a telecommunications service provider;
b
the producer of a directory of subscribers; and
c
where, in connection with the production of such a directory, information relating to a particular subscriber is supplied to the producer thereof by some other person, that other person.
Supplementary provisions
27
1
Where publicly available telecommunications services are used for the communication of material for direct marketing purposes–
a
in a case in which an automated calling system within the meaning of regulation 22(1) is used or the material is communicated by means of facsimile transmission, the caller shall ensure that the material communicated includes the particulars mentioned in paragraph (2)(a) and (b) below;
b
otherwise than as mentioned in sub-paragraph (a), the caller shall ensure that the material communicated includes the particulars mentioned in paragraph (2)(a) below and, if the recipient of the call so requests, those mentioned in paragraph (2)(b) below.
2
The particulars referred to in paragraph (1) are–
a
the name of the caller;
b
either the address of the caller or a freephone telephone number on which he can be reached.
3
Where a person by whom numbers are allocated to subscribers is requested by or on behalf of the Director, for the purposes of his functions under regulation 23(4) or 25(4), to furnish information as to when a particular number ceases to be allocated to a particular subscriber, that person shall comply with the request.
4
A caller shall not be held to have contravened regulation 23 or regulation 25 by reason of the making, or instigating the making, of a call and a subscriber shall not be held to have contravened regulation 23 or regulation 25 by permitting his line to be used for the making of a call, by reason only that the number of the called line is one listed in the record kept under paragraph (4) of the regulation in question, if that number was not so listed at any time within the 28 days preceding that on which the call is made.
5
Subject to paragraph (6), the producer of a directory of subscribers shall ensure that it contains a statement drawing attention to the provisions of regulations 22, 23, 24, and 25.
6
Nothing in paragraph (5) shall apply in relation to a directory of subscribers which is comprised in an edition first published before the coming into force of these Regulations; and, for the purposes hereof, an edition of a directory which is revised after it was first published shall be treated as a new edition.
PART VI
MISCELLANEOUS PROVISIONS
Security of telecommunications services
28
1
Subject to paragraph (2), a telecommunications service provider shall take technical and organisational measures which are appropriate to secure the security of the service he provides.
2
If necessary, the measures required by paragraph (1) shall be taken by a telecommunications service provider in conjunction with the provider of the relevant telecommunications network who shall comply with any reasonable requests made by the service provider for the purposes hereof.
3
Where, notwithstanding the taking of measures required hereby, there is a significant risk to the security of the relevant telecommunications network, the telecommunications service provider shall inform the subscribers concerned of–
a
that risk;
b
any measures appropriate to afford safeguards against that risk which they themselves might take, and
c
the costs involved in the taking of such measures.
4
For the purposes of this regulation, measures shall only be taken to be appropriate if, having regard to–
a
the state of technological development, and
b
the cost of implementing the measures,
they are proportionate to the risks against which they would afford safeguards.
5
For the purposes of this regulation the security of a public telecommunications service or network shall not be taken to be at risk by reason of the intentional disclosure, or possibility of such disclosure, of any matter falling within subsection (1)(a) or (b) of section 45 of the Act of 1984 by a telecommunications service or network provider in a case or circumstances in which he would not be guilty of an offence under that section which, for the purposes of this paragraph, shall have effect as if–
a
the reference in subsection (1) thereof to a person engaged in the running of a public telecommunications system were a reference to such a provider;
b
for the words “that system”, in both places where they occur in subsection (1)(a) and (b) thereof, there were substituted the words “a public telecommunications system”; and
c
the reference in subsection (1)(a) thereof to a message were a reference to a communication.
Right to bills which are not itemised
29
At the request of the subscriber concerned, a telecommunications service provider shall only submit to him bills which are not itemised.
Itemised billing and privacy
30
1
The Secretary of State and the Director shall each have a duty, when exercising any function assigned to him by a provision of the Act of 1984 specified in paragraph (2), to have regard to the need to reconcile the rights of subscribers receiving itemised bills with the rights to privacy of calling users and called subscribers, for example by ensuring that sufficient alternative means for the making of calls or methods of paying therefor are available to such users and subscribers.
2
For the purposes of paragraph (1), the specified provisions of the Act of 1984 are sections 7, 8, 12, 13, 15, 16, 17, 18, 47, 48, 49, and 50.
Termination of unwanted automatic call forwarding
31
Where calls originally directed to another line are being automatically forwarded to a subscriber’s line as a result of action taken by a third party and the subscriber so requests the relevant telecommunications service provider (“the subscriber’s provider”), that provider shall ensure, without charge, that such forwarding ceases without any avoidable delay, and any other telecommunications service provider and any telecommunications network provider shall comply with any reasonable requests made by the subscriber’s provider for the purposes of this regulation.
National security
32
1
Nothing in any of the provisions of these Regulations shall require a telecommunications service or network provider to do, or refrain from doing, anything (including the processing of data) if exemption from the requirement in question is required for the purpose of safeguarding national security.
2
Subject to paragraph (4), a certificate signed by a Minister of the Crown certifying that exemption from any requirement of these Regulations is or at any time was required for the purpose of safeguarding national security shall be conclusive evidence of that fact.
3
A certificate under paragraph (2) may identify the circumstances in which it applies by means of a general description and may be expressed to have prospective effect.
4
Any person directly affected by the issuing of a certificate under paragraph (2) may appeal to the Tribunal against the certificate.
5
If on an appeal under paragraph (4), the Tribunal finds that, applying the principles applied by a court on an application for judicial review, the Minister did not have reasonable grounds for issuing the certificate, the Tribunal may allow the appeal and quash the certificate.
6
Where in any proceedings under or by virtue of these Regulations it is claimed by a telecommunications service or network provider that a certificate under paragraph (2) which identifies the circumstances in which it applies by means of a general description applies in the circumstances in question, any other party to the proceedings may appeal to the Tribunal on the ground that the certificate does not apply in those circumstances and, subject to any determination under paragraph (7), the certificate shall be conclusively presumed so to apply.
7
On any appeal under paragraph (6), the Tribunal may determine that the certificate does not so apply.
8
In this regulation “the Tribunal” means the Data Protection Tribunal referred to in section 6 of the Data Protection Act 1998 and–
a
subsections (8), (9), (10) and (12) of section 28 of that Act and Schedule 6 thereto shall apply for the purposes of, and in connection with, this regulation as if any references therein to sub-section (2), (4) or (6) of the said section 28 were, respectively, references to paragraph (2), (4) or (6) of this regulation and
b
section 58 of that Act shall so apply as if the reference therein to the functions of the Tribunal under that Act included a reference to the functions of the Tribunal under paragraphs (4) to (7) of this regulation.
Legal requirements, law enforcement etc
33
Nothing in any of the provisions of these Regulations shall require a telecommunications service or network provider to do, or refrain from doing, anything (including the processing of data)–
a
if compliance with the requirement in question–
i
would be inconsistent with any requirement imposed by or under any enactment, by any rule of law or by the order of a court, or
ii
would be likely to prejudice the prevention or detection of crime or the apprehension or prosecution of offenders; or
b
if exemption from the requirement in question–
i
is required for the purposes of, or in connection with, any legal proceedings (including prospective legal proceedings),
ii
is necessary for the purposes of obtaining legal advice, or
iii
is otherwise necessary for the purposes of establishing, exercising or defending legal rights.
Transitory and transitional provisions
34
The provisions in Schedule 3 shall have effect.
PART VII
COMPENSATION AND ENFORCEMENT
Compensation for failure to comply with requirements of Regulations
35
1
A person who suffers damage by reason of any contravention of any of the requirements of these Regulations by any other person shall be entitled to compensation from the other person for that damage.
2
In proceedings brought against a person by virtue of this regulation it shall be a defence to prove that he had taken such care as in all the circumstances was reasonably required to comply with the requirement concerned.
Enforcement — extension of Part V of the Data Protection Act 1998
36
1
The provisions of Part V of the Data Protection Act 1998 and of Schedules 6 and 9 thereto are hereby extended for the purposes of these Regulations and, for those purposes, shall have effect subject to the omissions and other modifications set out in Schedule 4.
2
In regulations 37 and 38, “enforcement functions” means the functions of the Data Protection Commissioner under the provisions referred to in paragraph (1) as extended thereby.
3
The provisions of this regulation and those of regulation 35 are without prejudice to each other.
Request that Commissioner exercise his enforcement functions
37
Where it is alleged that there has been contravention of any of the requirements of these Regulations either the Director or a person aggrieved by the alleged contravention may request the Commissioner to exercise his enforcement functions in respect of that contravention, but those functions shall be exercisable by him whether or not he has been so requested.
Technical advice to Commissioner
38
The Director shall comply with any reasonable request made by the Commissioner, in connection with his enforcement functions, for advice on technical and similar matters relating to telecommunications.
Parliamentary Under Secretary of State for Small Firms, Trade and Industry,
Department of Trade and Industry
1999


text:
Citation, commencement and interpretation
1
This Order may be cited as the Supreme Court Fees (Amendment) Order 1999 and shall come into force on 5th October 1999.
2
In this Order an article referred to by number means the article so numbered in the Supreme Court Fees Order 1999 , and a paragraph or column referred to by number means the paragraph or column so numbered in Schedule 1 to that Order.
Transitional provision
3
A person who at any time on or after 5th October 1999 receives family credit or disability working allowance under Part VII of the Social Security Contributions and Benefits Act 1992 in pursuance of a decision made before that date shall be entitled to exemption from court fees to the same extent as if this Order had not come into force.
Amendments to the Supreme Court Fees Order 1999
4
The following shall be substituted for article 5(2)(b): —
b
working families' tax credit, provided that the amount (if any) to be deducted under section 128(2)(b) of the Social Security Contributions and Benefits Act 1992 has been determined at not more than £70 a week;
bb
disabled person’s tax credit, provided that the amount (if any) to be deducted under section 129(5)(b) of the Social Security Contributions and Benefits Act 1992 has been determined at not more than £70 a week; and
.
5
In the note following paragraph 4.5 in Column 1, for “fee 4.5” there shall be substituted “fee 4.4”.
Irvine of Lairg, C.
Dated 7th September 1999
We concur,
Bingham of Cornhill, C.J.
Harry Woolf, M.R.
Stephen Brown, P.
Richard Scott, V.-C.
Dated 9th September 1999
We concur,
Bob Ainsworth
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 14th September 1999


text:
1
This Order may be cited as the Public Airport Companies (Capital Finance) (Amendment) Order 1999 and shall come into force on 1st April 1999.
2
The Public Airport Companies (Capital Finance) Order 1996 shall be amended as follows:
1
In paragraph (2) of article 1 for the definition of “public airport company” there shall be substituted the following definition:
“public airport company” means one of the companies listed in Schedule 1 to this Order;
.
2
In paragraph (3) of article 1 for the words “the Schedule” there shall be substituted the words “Schedule 2”.
3
For the Schedule there shall be substituted–
SCHEDULE 1
Public Airport Companies
Article 1(2)
Blackpool Airport Limited
Exeter and Devon Airport Limited
Gloucestershire Airport Limited
Humberside International Airport Limited
London Luton Airport Limited
Teesside International Airport Limited
SCHEDULE 2
Article 1(3)
(1) (2) Public Airport Company Constituent Council
Gloucestershire Airport Limited Gloucester City Council Humberside International Airport Limited East Riding of Yorkshire Council Teesside International Airport Limited Stockton-on-Tees Borough Council
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
4th March 1999


text:
Citation and commencement
1
This order may be cited as the Financial Services Act 1986 (Gas Industry Exemption) Order 1999 and shall come into force on 1 October 1999.
Interpretation
2
In this Order —
“BG plc” means the company with registered number 2006000.
“gas shipper” has the same meaning as in section 7A(11) of the Gas Act 1986.
“relevant gas shipper” means a gas shipper who has entered into a subscription agreement with ENMO for the purposes of participation in the balancing market.
“Schedule 1” means Schedule 1 to the Financial Services Act 1986.
Exemption
3
BG plc shall be an exempted person as respects any activities within paragraph 12 or 13 of Schedule 1 in which it engages in its capacity as a public gas transporter under the BG Licence and which enable or facilitate gas shippers to buy or sell investments within paragraph 8 or 9 of Schedule 1.
4
1
ENMO shall be an exempted person as respects any activities within paragraph 12 or 13 of Schedule 1 in which it engages in its capacity as the operator of the balancing market for the purpose of enabling or facilitating BG plc and relevant gas shippers to buy or sell investments within paragraph 8 or 9 of Schedule 1, provided that such buying or selling is for the purpose of their participation in the balancing market.
2
The reference in sub-paragraph (1) above to enabling or facilitating the buying or selling of investments includes engaging in such activity pursuant to rules governing the operation of the balancing market in the event of one of the participants appearing to be unable, or likely to become unable, to meet his obligations in respect of one or more contracts entered into through the balancing market.
5
BG plc and relevant gas shippers shall be exempted persons to the extent that they engage for the purpose of their participation in the balancing market in any activity within paragraph 12 of Schedule 1 in relation to an investment within paragraph 8 or 9 of Schedule 1.
Revocation
6
The Financial Services Act 1986 (Gas Industry Exemption) Order 1996 is hereby revoked.
Jim Dowd
Clive Betts
Two of the Lords Commissioners of Her Majesty’s Treasury
15th September 1999


text:
Citation and commencement
1
This Order may be cited as the Clacton and Harwich 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 Clacton and Harwich Education Action Zone (“the zone”) for the purposes of Chapter III of Part I of the School Standards and Framework Act 1998.
Education Action Forum
4
There shall be an Education Action Forum for the zone to be known as the Clacton and Harwich 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;
c
one person appointed by each partner, unless any partner chooses not to make such an appointment; and
d
one person nominated by the senior police officer responsible for policing in the Tendring area.
5
The Forum may at any time appoint additional members as follows —
a
up to four persons representing the interests of business;
b
up to three parents of registered pupils attending zone schools;
c
up to three students attending post sixteen educational institutions within the area of the zone;
d
up to two persons representing the interersts of teachers employed in zone schools; and
e
up to two persons representing the interests of the voluntary sector.
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