type: legislation

jurisdiction: UK

text:
1
These Regulations may be cited as the Capital Gains Tax (Definition of Permanent Interest Bearing Share) Regulations 1999 and shall come into force on 29th July 1999.
2
In section 117(11)(b) of the Taxation of Chargeable Gains Act 1992 at the end there shall be added “as if that Order were still in force, with the modification that, for references to “the first criterion” wherever they appear (including definitions), there are substituted references to “the second criterion”.”
Jane Kennedy
Bob Ainsworth
Two of the Lords Commissioners of Her Majesty’s Treasury
8th July 1999


text:
Citation and commencement
1
This Order may be cited as the National Health Service Estate Management and Health Building Agency Trading Fund Order 1999 and shall come into force on the 1st April 1999.
Establishment of the fund
2
As from 1st April 1999 for such of the operations of that part of the Department of Health known as the National Health Service Estate Management and Health Building Agency as are described in Schedule 1 to this Order, there shall be established a trading fund to be known as the NHS Estates Trading Fund.
Source of loans
3
The Secretary of State for Health is hereby designated as the source of issues to the fund by way of loan.
Assets, liabilities and public dividend capital
4
1
The Crown assets and liabilities set out in Parts I and II respectively of Schedule 2 to this Order shall be appropriated as assets and liabilities respectively of the fund, at values or amounts determined by the Secretary of State for Health in accordance with Treasury directions.
2
50% of the amount by which the values of those assets exceed the amounts of those liabilities shall be treated as public dividend capital.
Limitation of indebtedness
5
The maximum amount that may be issued to the fund by way of loan under section 2B of the 1973 Act shall be £3,000,000.
Signed on behalf of the Secretary of State for Health.
John Denham
Minister of State,
Department of Health
8th March 1999
We concur
David Jamieson
Bob Ainsworth
Two of the Lords Commissioners of Her Majesty’s Treasury
8th March 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Argyll and Clyde Acute Hospitals National Health Service Trust (Establishment) Amendment Order 1999 and shall come into force on 9th April 1999.
2
In this Order “the principal Order ” means the Argyll and Clyde Acute Hospitals National Health Service Trust (Establishment) Order 1998 .
Amendment of article 3 of the principal Order
2
For article 3 of the principal Order there shall be substituted the following:–
3
1
The trust is established for the purposes specified in section 12A(1) of the Act .
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health boards) shall be–
a
to own and manage under section 12A(1)(a) of the Act the hospital establishments or facilities known as Vale of Leven District General Hospital, Alexandria, Lorn and Islands District General Hospital, Oban, Inverclyde Royal Hospital, Greenock and Royal Alexandra Hospital, Paisley and establishments associated with those hospitals, including management of the facilities provided at and from those establishments, and also including the management of any teaching and research facilities associated with these establishments and the support services related thereto; and
b
to provide and manage under section 12A(1)(b) of the Act a new inpatient and day hospital facility on land at Larkfield Road, Greenock.
Sam Galbraith
Minister for Health Scottish Office
St Andrew’s House,
Edinburgh
8th April 1999


text:
PART I
PRELIMINARY
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Transition to New Framework) (School Organisation Proposals) Regulations 1999 and–
a
this Part and Part II shall come into force on 1st April 1999; and
b
Parts III and IV shall come into force on 1st September 1999.
2
Parts II and IV of these Regulations do not apply to local education authorities or schools maintained by (or, in the case of new schools, proposed to be maintained by) local education authorities in Wales.
Interpretation
2
1
In these Regulations–
“the 1996 Act ” means the Education Act 1996 ;
“the 1998 Act ” means the School Standards and Framework Act 1998;
“the 1999 Regulations ” means the Education (Transition to New Framework) (New Schools, Groups and Miscellaneous) Regulations 1999 ;
“the plan approval date” in relation to any local education authority means the date on which the first school organisation plan for that authority has been approved under section 26 of the 1998 Act.
2
Until 1st September 1999 in the context of a grant-maintained school or grant-maintained special school any reference in these Regulations to the local education authority which maintains or is to maintain the school is a reference to the local education authority for the area in which the school is situated, unless paragraph (3) applies.
3
Where however an order has been made under section 20(5) of the 1998 Act in respect of a grant-maintained school to the effect that it shall be maintained from 1st September 1999 by the former maintaining authority rather than the authority in whose area it is situated on 1st September 1999, any reference in these Regulations, in the context of that school to the local education authority which maintains the school is (until 1st September 1999) a reference to the former maintaining authority.
4
For the purposes of these regulations proposals are determined where–
a
the proposals have been approved (with or without modification) or rejected by the Secretary of State;
b
a local education authority have determined whether or not the proposals should be implemented, or
c
the funding authority have determined whether to adopt the proposals,
as appropriate.
5
Where these regulations provide for any statutory provision to continue to apply, that provision shall continue to apply in accordance with the relevant provisions of these regulations after the date of the coming into force of the repeal of the statutory provision in question effected by Schedule 31 to the 1998 Act and despite the coming into force of that repeal.
PART II
TRANSITIONAL PROVISIONS CONSEQUENT ON THE COMING INTO FORCE ON 1ST APRIL 1999 OF REPEALS RELATING TO THE FUNCTIONS OF THE FUNDING AUTHORITY
Proposals under section 212 of the 1996 Act
3
Where proposals published under section 212 of the 1996 Act were approved before 1st October 1998 (when the repeal of section 212 of the 1996 Act came into force) sections 215(1), (3) and (4) , 216(1) and 217 of that Act shall continue to apply in relation to such proposals.
Proposals under section 260 of the 1996 Act
4
1
Where before 1st April 1999 the funding authority have published proposals under section 260 of the 1996 Act (proposals for change of character etc. to grant-maintained schools by funding authority) which have not been determined before 1st April 1999, sections 260(7) to (9) and section 261 of the 1996 Act shall continue to apply in relation to such proposals but–
a
all such proposals shall require the approval of the Secretary of State (despite section 261(2)); and
b
the Secretary of State shall consult the local education authority which maintains the school and the governing body of the school before taking any decision under section 261(3).
2
Where before 1st April 1999 the funding authority have, under section 260 of the 1996 Act, submitted to the Secretary of State a copy of proposals for a school to cease to be an establishment which admits pupils of one sex only, section 552(3) of the 1996 Act (except for paragraph (b) and the words “or, as the case may be, the funding authority”) shall continue to apply in relation to such proposals.
Modification of section 262 of the 1996 Act
5
1
Section 262 of the 1996 Act shall have effect as if–
a
in subsection (1), for “the funding authority” or “the authority” in each place where those words occur there were substituted “the Secretary of State”;
b
for subsection (2) there were substituted–
2
Where the funding authority have published proposals under section 260 the governing body shall, if the Secretary of State so directs, submit to the Secretary of State at such time and in such form and manner as he may direct, the particulars mentioned in subsection (3); and particulars so submitted require the approval of the Secretary of State under this section.
;
c
for subsection (3)(b) there were substituted–
b
such other particulars in respect of the premises or proposed premises of the school as the Secretary of State may require.
.
2
Any directions given by the finding authority under section 262(1) of the 1996 Act before 1st April 1999 shall be treated for the purposes of that subsection (as modified in accordance with paragraph (1) above) as a direction given by the Secretary of State.
3
The modifications made to section 262(2) and (3)(b) of the 1996 Act by paragraph (1) above shall not apply in any case where the funding authority have adopted particulars under section 262(2) of that Act before 1st April 1999.
Proposals under section 268 of the 1996 Act
6
Where before 1st April 1999 the funding authority have published proposals under section 268(2) of the 1996 Act (proposals by funding authority for discontinuance of a grant-maintained school) which have not been determined before 1st April 1999, sections 268(6) and (7) and 269 of the 1996 Act shall continue to apply in relation to such proposals but–
a
all such proposals shall require the approval of the Secretary of State (despite section 269(2)); and
b
the Secretary of State may only approve the proposals if the local education authority which maintains the school consent and otherwise he shall reject them.
Proposals under section 339 of the 1996 Act
7
1
Where before 1st April 1999 the funding authority have under section 339(5) of the 1996 Act served notice of proposals such as is mentioned in section 339(2) of that Act (establishment etc. of grant-maintained special schools)–
a
in the case of proposals such as are mentioned in section 339(2)(a) or (c) the Secretary of State may only approve the proposals under section 340(4) of that Act if the local education authority which maintains or is to maintain the school consents and otherwise he shall reject them; and
b
in the case of proposals such as are mentioned in section 339(2)(b), the Secretary of State shall consult the local authority which maintains the school and the governing body of the school before taking any decision under section 340(4) of that Act.
2
Where–
a
proposals such as are mentioned in section 339(2)(a) of the 1996 Act were approved before 1st April 1999 but have not been implemented before that date, or
b
such proposals were approved on or after 1st April 1999 in accordance with paragraph (1),
section 339(6) and 340(5)(b) shall have effect, in relation to such proposals, as if for “the body which served the notice” there were substituted “the local education authority which is to maintain the school”.
PART III
TRANSITIONAL PROVISIONS CONSEQUENT ON THE COMING INTO FORCE OF CHAPTER II OF PART II OF THE 1998 ACT (ESTABLISHMENT, ALTERATION OR DISCONTINUANCE OF SCHOOLS)
Approval of proposals published before 1st September 1999 to establish a new school
8
1
This regulation applies where before 1st September 1999–
a
proposals have been published under section 35(1) or 41(1) of the 1996 Act to establish a school, to maintain a school as a county school or that a school established or proposed to be established should be maintained as a voluntary school;
b
notice has been served under section 339(5) of the 1996 Act of proposals such as are mentioned in section 339(1)(a) or 339(2)(a) of that Act;
but the proposals have not been determined before that date.
2
Where this regulation applies–
a
sections 36 to 39 of the 1996 Act shall, where the proposals were published under section 35 of the 1996 Act, continue to apply in relation to the making of objections to such proposals, to the approval of such proposals or the determination that they should be implemented, and to the approval of particulars of school premises;
b
sections 42 to 44 of the 1996 Act shall, where the proposals were published under section 41(1) of the 1996 Act, continue to apply in relation to the making of objections to, and approval of, such proposals, and to the approval of school premises;
c
sections 340(2) to (4), (6) and (7) and 341 of the 1996 Act shall, where notice of the proposals was given under section 339(5) of the 1996 Act, continue to apply in relation to the making of objections to, and approval of, such proposals and approval of school premises.
Order that school is to be voluntary controlled or voluntary aided
9
1
Where, in relation to proposals to which regulation 8 applies, an application was made to the Secretary of State under section 48 of the 1996 Act before 1st September 1999, but no order was made under that section before that date, the Secretary of State may by order direct–
a
that the school shall be a voluntary controlled school, or
b
that the school shall be a voluntary aided school.
2
Where an application was made for an order under section 48(1)(b) of the 1996 Act and the Secretary of State is satisfied that the governing body of the school will be able and willing, with the assistance of grants under paragraph 5 of Schedule 3 to the 1998 Act, to defray the expenses that would fall to be borne by them by virtue of paragraph 3(1) or (2) of Schedule 3 to that Act as the governing body of a voluntary aided school, he shall make an order directing that the school shall be a voluntary aided school.
3
Where an application was made for an order under section 48(1)(b) of the 1996 Act and–
a
the Secretary of State is not satisfied that the governing body will be able to defray those expenses without the assistance of both–
i
grant under paragraph 5 of Schedule 3 to the 1998 Act; and
ii
a loan under paragraph 7 of that Schedule; and
b
it appears to him that the area to be served by the school will not be also served by a community, foundation or voluntary controlled school,
he shall, before deciding whether to make such an order, consult such persons or bodies as appear to him to be representative of any religion or religious denomination which in his opinion, having regard to the circumstances of the area, is likely to be concerned.
Continued application of section 63 of the 1996 Act
10
Where regulation 8 applies, section 63 of the 1996 Act shall continue to apply in relation to proposals of a description referred to in that section; and in relation to any period on or after 1st September 1999 references in that section to a voluntary school shall be construed as references to a voluntary school within the meaning of the 1998 Act and references to a grant-maintained school shall be construed as references to a foundation school within the meaning of the 1998 Act.
Implementation of approved proposals to establish a new school
11
1
Subject to paragraph (2) this regulation applies where–
a
proposals published under section 35(1)(a) or (b), or 41(1) of the 1996 Act, have been approved under section 37 or 43 of that Act (either before 1st September 1999 or on or after that date under those provisions as they have effect by virtue of regulation 8(2));
b
proposals such as are mentioned in section 339(1)(a) or (2)(a) have been approved under section 340(4) of the 1996 Act (either before 1st September 1996 or on or after that date under those provisions as they have effect by virtue of regulation 8(2)); or
c
a local education authority have determined under section 38 of the 1996 Act to implement proposals published under section 35(1)(a) or (b) of the 1996 Act (either before 1st September 1999 or on or after that date under that provision as it has effect by virtue of regulation 8(2)),
but the proposals have not been implemented before 1st September 1999.
2
This regulation does not apply where the proposed school is one falling within regulation 6 of the 1999 Regulations.
3
Where this regulation applies–
a
proposals which were approved under any of the provisions referred to in paragraph (1)(a) or (b) shall be treated for the purposes of the 1998 Act as if they were required to be, and were, approved under paragraph 3 or 8 of Schedule 6 to the 1998 Act; and
b
where the local education authority have determined under section 38 of the 1996 Act to implement proposals they shall be treated for the purposes of the 1998 Act as having determined under paragraph 4 or 9 of Schedule 6 to the 1998 Act to implement the proposals;
and accordingly such proposals fall to be implemented under paragraph 5 or 10 of Schedule 6 to the 1998 Act (in accordance with regulation 12 but subject to regulations 13 and 19).
Implementation of proposals to establish a new school – further provisions
12
Where regulation 11 applies–
a
proposals published under section 35 of the 1996 Act shall be treated for the purposes of the 1998 Act as proposals published under section 28(1)(a) of that Act to establish a new community school, and accordingly the school, when open, (or, in a case of proposals published under section 35(1)(b) of the 1996 Act, when it is open as a school maintained by the local education authority) shall be a community school and treated as established as such under section 28 of that Act;
b
proposals published under section 41(1) of the 1996 Act shall be treated for the purposes of the 1998 Act–
i
in a case where the Secretary of State has (before 1st September 1999) made an order under section 48(1)(a) of the 1996 Act or (on or after that date) an order under regulation 9(1)(a), as proposals published under section 28(2)(a) of the 1998 Act to establish a new voluntary controlled school and accordingly the school, when open, (or, in the case of proposals published under section 42(1)(b) of the 1996 Act, when it is open as a school maintained by the local education authority) shall be a voluntary controlled school and treated as established as such under section 28 of that Act; and
ii
where the Secretary of State has (before 1st September 1999) made an order under section 48(1)(b) of the 1996 Act or, (on or after that date) an order under regulation 9(1)(b), as proposals published under section 28(2)(a) of the 1998 Act to establish a new voluntary aided school, and accordingly the school, when open, (or, in the case of proposals published under section 42(1)(b) of the 1996 Act, when it is open as a school maintained by the local education authority) shall be a voluntary aided school and treated as established as such under section 28 of that Act;
c
proposals such as are mentioned in section 339(1)(a) or (2)(a) of the 1996 Act shall be treated for the purpose of the 1998 Act as proposals published under section 31(1)(a) of that Act to establish a new community special school and accordingly the school, when open, shall be a community special school and treated as established as such under section 31 of that Act.
Temporary governing bodies
13
Where regulation 8 applies and a temporary governing body has been established in pursuance of an arrangement made under section 96(3) or 97(2) of the 1996 Act in anticipation of approval of proposals or the determination that they should be implemented–
a
that temporary governing body shall be treated for the purposes of the Education Acts as if they were a temporary governing body constituted in pursuance of arrangements made under section 44 of the 1998 Act; and
b
the school shall be treated for the purposes of section 44 of the 1998 Act as falling within section 44(1) of that Act, so that the said section 44 (except any provision made by or under that section relating to the making and termination of arrangements for the constitution of temporary governing bodies, and the constitution of such bodies) shall apply.
Approval of proposals published before 1st September 1999 to make alterations to, or discontinue, a school
14
1
This regulation applies where before 1st September 1999–
a
proposals have been published under section 35(1)(c) or (d), 41(2), 167(1), 259(1), 260(2) or 267(1) of the 1996 Act; or
b
notice has been served under section 339(5) of the 1996 Act of proposals such as are mentioned in section 339(1)(b) or (c) or (3) of that Act,
but the proposals have not been determined before that date.
2
Where this regulation applies–
a
sections 36 to 39 of the 1996 Act shall, where the proposals were published under section 35 of the 1996 Act, continue to apply in relation to the making of objections to such proposals, to the approval of such proposals, or determination that such proposals should be implemented, and to the approval of particulars of school premises;
b
sections 42 to 44 of the 1996 Act shall, where the proposals were published under section 41(2) of the 1996 Act, continue to apply in relation to the making of objections to, and approval of, such proposals, and to the approval of school premises;
c
sections 168 to 170 of the 1996 Act shall, where the proposals were published under section 167 of the 1996 Act, continue to apply in relation to the making of objections to, and the approval of such proposals or determination that such proposals should be implemented;
d
sections 259(6) and (7), 261 and 262 (as modified by regulation 5) of the 1996 Act shall, where the proposals were published under section 259 of the 1996 Act, continue to apply in relation to the making of objections to, and approval of such proposals, and to the approval of school premises;
e
section 262 of the 1996 Act (as modified by regulation 5) shall, where the proposals were published under section 260 of the 1996 Act, continue to apply, in relation to the approval of school premises;
f
sections 267(7) and 269 of the 1996 Act shall, where proposals were published under section 267(1) of that Act, continue to apply in relation to the making of objections to, and approval of such proposals; and
g
sections 340(2) to (4) and 341 of the 1996 Act shall, where proposals were published under section 339 of the 1996 Act continue to have effect in relation to the making of objections to, and approval of, such proposals, and to the approval of school premises.
Continued application of section 64 of the 1996 Act
15
Where regulation 14 applies, section 64 of the 1996 Act shall continue to apply in relation to proposals of a description referred to in that section, and in relation to any period after 1st September 1999–
a
references in that section to a controlled school (within the meaning of the 1996 Act) shall have effect as references to a voluntary controlled school within the meaning of the 1998 Act; and
b
references in that section to a voluntary school (within the meaning of the 1996 Act) shall have effect as references to a voluntary school within the meaning of the 1998 Act.
Implementation of proposals to make alterations to, or discontinue, a school
16
1
This regulation applies where
a
proposals published under section 35(1)(c) or (d), 41(2), 167(1), 259(1), 260(2), 267(1) or 268(2) of the 1996 Act have been approved under sections 37, 43, 169, 261 or 269 of the 1996 Act (either before 1st September 1999 or on or after that date under those provisions as they have effect by virtue of regulation 14(2));
b
proposals such as are mentioned in section 339(1)(b) or (c) or (3) of the 1996 Act have been approved under section 340(4) of the 1996 Act (either before 1st September 1999 or on or after that date under those provisions as they have effect by virtue of regulation 14(2)); or
c
a local education authority have determined under section 38 or 170 of the 1996 Act to implement proposals published under section 35(1)(c) or (d) or, as the case may be, section 167(1) of the 1996 Act (either before 1st September 1999 or on or after that date under those provisions as they have effect by virtue of regulation 14(2)),
but the proposals have not been implemented before 1st September 1999.
2
Where this regulation applies–
a
proposals which were approved under any of the provisions referred to in paragraph (1)(a) or (b) shall be treated as if they were required to be, and were, approved under paragraph 3 or 8 of Schedule 6 to the 1998 Act; and
b
where a local education authority have determined under section 38 or 170 of the 1996 Act to implement proposals they shall be treated as having determined under paragraph 4 or 9 of Schedule 6 to the 1998 Act to implement the proposals,
and accordingly the proposals fall to be implemented under paragraph 5 or 10 of Schedule 6 to the 1998 Act (in accordance with regulation 17 and but subject to regulation 19).
Implementation of proposals to make alterations to, or to discontinue, a school – further provisions
17
Where regulation 16 applies–
a
proposals published under section 35(1)(c) or (d) of the 1996 Act shall be treated for the purposes of the 1998 Act as proposals published under section 28(1)(b) of that Act;
b
proposals published under section 41(2) of the 1996 Act relating to an aided or special agreement school shall be treated for the purposes of the 1998 Act as proposals published under section 28(2)(b) of that Act relating to a voluntary aided school;
c
proposals published under section 41(2) of the 1996 Act relating to a controlled school shall be treated for the purposes of the 1998 Act as proposals published under section 28(2)(b) of that Act relating to a voluntary controlled school;
d
proposals published under section 167 of the 1996 Act shall be treated for the purposes of the 1998 Act as proposals published by a local education authority under section 29(1) of that Act;
e
proposals published under section 259 or 260 of the 1996 Act shall be treated for the purposes of the 1998 Act as published under section 28(1)(b) of the Act by a local education authority (where the relevant category of school is a community school) or under section 28(2)(b) of that Act by the governing body of the relevant category of school (in any other case) and in this sub-paragraph the “relevant category of school” is a community, foundation, voluntary aided or voluntary controlled school depending on the category to which the school in question was allocated on 1st September 1999.
f
proposals published under section 267 or 268 of the 1996 Act shall be treated for the purposes of the 1998 Act as proposals published under section 29(1)(a) of the Act by a local education authority (where the relevant category of school is a community school) or under section 29(2) of that Act by the governing body of the relevant category of school (in any other case) and in this sub-paragraph “relevant category” has the same meaning as in sub-paragraph (e);
g
proposals published under section 339(1)(b) or (c) of the 1996 Act shall be treated for the purposes of the 1998 Act as proposals published under section 31(1)(b) or (c) of that Act to make a prescribed alteration to, or discontinue, a community special school;
h
proposals published under section 339(3) of the 1996 Act shall be treated, for the purposes of that Act as published under section 31(2) of that Act.
Continued application of directions under sections 63 and 64 of the 1996 Act
18
Where before 1st September 1999 any direction was given under section 63 or 64 of the 1996 Act in relation to proposals which on the appointed day fall to be implemented under paragraph 5 or 10 of Schedule 6 to the 1998 Act by virtue of–
a
regulation 6 of the 1999 Regulations; or
b
regulation 11 or 16 above,
that direction shall continue to have effect despite the repeal of sections 63 and 64 of the 1996 Act.
Implementation of proposals – supplementary
19
1
This regulation applies where on or after 1st September 1999 proposals fall to be implemented under paragraph 5 or 10 of Schedule 6 to the 1998 Act (by virtue of regulation 6 of the 1999 Regulations or regulation 11 or 16 above).
2
Where this regulation applies and a direction has been given under section 63 or 64 of the 1996 Act (whether such a direction was given before 1st September and continues to have effect under regulation 18 or was given after that date under section 63 or 64 of the 1996 Act as those sections continue to have effect by virtue of regulations 10 or 15) in relation to any proposals treated as published under section 28(2) of the 1998 Act, such proposals shall be treated for the purposes of paragraph 13(3) of Schedule 6 to the 1998 Act as having provided for the local education authority to implement them.
3
Where this regulation applies and–
a
proposals are treated as published under section 28(2) of the 1998 Act but paragraph (2) does not apply, or
b
proposals are treated as published under section 31(2)(a) of the 1998 Act,
such proposals shall be treated, for the purposes of paragraph 13(3) or 15(3) of Schedule 6 to the 1998 Act as having provided for the promoters or, as the case may be, the governing body to implement them.
4
Where this regulation applies, paragraph 5(2) of Schedule 6 to the 1998 Act shall have effect as if “the Secretary of State” were substituted for “the relevant committee”.
Transitional Exemption Orders for the purposes of the Sex Discrimination Act 1975
20
1
Where regulation 16 applies and the proposals in question are proposals for a school to cease to be an establishment which admits pupils of one sex only, paragraph 1 of Schedule 2 to the Sex Discrimination Act 1975 and section 552(4) of the 1996 Act (where applicable) shall continue to apply in relation to the making by the Secretary of State of a transitional exemption order.
2
In this regulation “transitional exemption order” has the same meaning as in section 27 of the Sex Discrimination Act 1975.
PART IV
MODIFICATIONS TO CHAPTER II OF PART II OF THE 1998 ACT UNTIL SCHOOL ORGANISATION PLAN IS APPROVED
Modifications to the 1998 Act
21
1
Subject to paragraph (2), where the plan approval date for any local education authority in England falls after 1st September 1999 the provisions of Chapter II of Part II of the 1998 Act referred to in the Schedule to these Regulations shall, until the plan approval date for that authority, have effect in relation to proposals published under sections 28, 29 or 31 of, or paragraph 5 of Schedule 7 to, the 1998 Act which–
a
are published by that authority; or
b
relate to a school maintained by, or situated in the area of, that authority; or
c
are proposals for the establishment of a new school to be maintained by, or to be situated in the area of, that authority; or
d
are proposals to make a prescribed alteration to a school which consists of the transfer of the school to a new site where either the old site or the new site is in the area of that authority,
with the modifications specified in the Schedule.
2
Those modifications shall not however affect the power to make regulations under paragraph 5(4) of Schedule 6 to the 1998 Act; and any regulations so made which are in force on the plan approval date in relation to any local education authority shall apply from that date in relation to proposals which relate to a school maintained by, or situated in the area of, that authority.
Transitional provisions when modifications cease to have effect
22
Where in the case of any local education authority–
a
the plan approval date falls after 1st September 1999 (so that the modifications specified in the Schedule apply in accordance with regulation 21); and
b
proposals such as are mentioned in regulation 21(1) are published before the plan approval date and are not determined before that date,
the provisions of Chapter II of Part II of the 1998 Act referred to in the Schedule to these Regulations shall continue to apply with the modifications specified in that Schedule in relation to those proposals.
Estelle Morris
Minister of State,
Department for Education and Employment
2nd March 1999
Peter Hain
Parliamentary Under Secretary of State, Welsh Office
10th March 1999


text:
Citation and interpretation
1
1
This Order may be cited as the Social Security Act 1998 (Commencement No. 10 and Transitional Provisions) Order 1999.
2
In this Order, unless the context otherwise requires “ the Act ” means the Social Security Act 1998; and references to sections and Schedules are references to sections of, and Schedules to, the Act.
Appointed day
2
5th October 1999 is the day appointed for the coming into force of the provisions specified in Schedule 1 to this Order, in so far as those provisions are not already in force, for the purposes of family credit and disability working allowance under Part VII of the Contributions and Benefits Act.
Transitional provisions
3
Schedule 2 to this Order shall have effect as from 5th October 1999.
Signed by authority of the Secretary of State for Social Security.
Angela Eagle
Parliamentary Under-Secretary of State,
Department of Social Security
4th October 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the District of Derbyshire Dales (Electoral Changes) Order 1999.
2
This Order shall come into force —
a
for the purposes of proceedings preliminary or relating to any election to be held on 1st May 2003, on 10th October 2002;
b
for all other purposes, on 1st May 2003.
3
In this Order —
“district” means the district of Derbyshire Dales;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
any reference to the map is a reference to the map prepared by the Department of the Environment, Transport and the Regions marked “Map of the District of Derbyshire Dales (Electoral Changes) Order 1999”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 ; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Wards of Derbyshire Dales
2
1
The existing wards of the district shall be abolished.
2
The district shall be divided into twenty-five wards which shall bear the names set out in column (1) of the Schedule.
3
The wards shall comprise the areas described in column (2) of the Schedule by reference to parishes, or parish wards, or parishes and parish wards or, where no area is so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of the Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, waterway or similar geographical feature, it shall be treated as running along the centre line of the feature.
Wards of the town of Ashbourne
3
1
The town of Ashbourne shall be divided into four town wards which shall bear the names Belle Vue, Hilltop, Parkside and St Oswalds; and the wards shall comprise the areas designated on sheet 2 by reference to the names of the wards and demarcated by orange lines.
2
The number of councillors to be elected for the Hilltop town ward shall be four and for each of the Belle Vue, Parkside and St Oswalds town wards shall be three.
Revocation
4
The District of West Derbyshire (Electoral Arrangements) Order 1977 is hereby revoked.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Beverley Hughes,
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
27th September 1999


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (Borough of Medway) Order 1999 and shall come into force on 3rd January 2000.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
This Order applies to the Borough of Medway excepting that part of the M2 Motorway and its on and off slip roads situated within the Borough.
Designation of permitted parking area and special parking area
4
The Secretary of State hereby designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
Keith Hill
Parliamentary Under Secretary of State
Department of the Environment, Transport and the Regions
13th December 1999


text:
1
This Order may be cited as the Durham College of Agriculture and Horticulture (Dissolution) Order 1999, and shall come into force on 1st June 1999.
2
On 1st June 1999 the corporation shall be dissolved and all of its property, rights and liabilities shall be transferred to East Durham and Houghall Community College.
3
Section 26(2), (3) and (4) of the Act shall apply to any person employed by the corporation immediately before 1st June 1999 as if the references in that section–
a
to a person to whom that section applies were to a person so employed;
b
to the operative date were to 1st June 1999;
c
to the transferor were to the corporation; and
d
to the corporation were to East Durham and Houghall Community College.
Tessa Blackstone
Minister of State,
Department for Education and Employment
29th April 1999


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Education (Amount to Follow Permanently Excluded Pupil) Regulations 1999 and shall come into force on 1st April 1999.
2
In these Regulations–
“the 1996 Act ” means the Education Act 1996;
“the 1998 Act ” means the School Standards and Framework Act 1998 ;
“individual schools budget” and “local schools budget” have the meanings attributed to them by section 46 of the 1998 Act;
“old authority”, “new authority”, “intermediate authority” and “last authority” are defined in regulation 2 below;
“relevant date” means–
in the case of an old authority (and a permanently excluded pupil)–
the date upon which permanent exclusion first takes effect in accordance with regulation 4 below; or
where the pupil is subsequently first provided with education by the old authority in a pupil referral unit or otherwise than at school, or was permanently excluded from a pupil referral unit, the date on which that pupil is subsequently provided with education by the new authority whether at a school maintained by that authority or otherwise than at school; or
in the case of an intermediate authority (and a permanently excluded pupil who is subsequently first provided by that authority with education in a pupil referral unit or otherwise than at school) the date on which that pupil is subsequently provided with education by the last authority whether at a school maintained by that authority or otherwise than at school.
3
In these Regulations–
a
references to a school maintained by a local education authority include, in relation to the period commencing on 1st April 1999 and ending immediately before 1st September 1999, a grant-maintained or grant-maintained special school maintained by that authority pursuant to regulation 2 of the School Standards and Framework Act (Modification) Regulations 1998 ;
b
references to a person ceasing to be provided with education by an intermediate authority are references to him ceasing to be provided with education by the intermediate authority in a pupil referral unit or otherwise than at school.
Determination of amount
2
In accordance with section 494 of the 1996 Act , where a pupil is permanently excluded from any school maintained by a local education authority (“the old authority”) and in the financial year in which the exclusion first takes effect–
a
he is subsequently provided with education by another local education authority (“the new authority”), whether at a school maintained by that authority or otherwise than at school; or
b
the following events subsequently occur–
i
he is first provided by another local education authority (“the intermediate authority”) with education in a pupil referral unit or otherwise than at school, and
ii
at any time afterwards he is provided with education by a local education authority other than the intermediate authority (“the last authority”), whether at a school maintained by that authority or otherwise than at school,
the old authority shall pay to the new authority and the intermediate authority shall pay to the last authority, as the case may be, in connection with the provision of education for that pupil in that financial year an amount determined by the application of the following formula–
A + B × C D
where,
A is the amount determined by the old authority in accordance with regulations made under section 47 of the 1998 Act to be attributable, in the financial year in which the relevant date falls, to a registered pupil of the same age and characteristics of the pupil in question at primary or secondary (but excluding special) schools maintained by the old authority;
B is the expenditure which would have been incurred from the old authority’s local schools budget (but not their individual schools budget) in respect of, and directly attributable to, the pupil in the financial year in which the relevant date falls had he not been permanently excluded from the school maintained by the old authority;
C is the number of complete weeks remaining in the financial year calculated from the relevant date:
EXCEPT that where the exclusion takes effect, or the intermediate authority cease to provide education, on or after 1st April in a school year at the end of which pupils of the same age or age group as the pupil in question normally leave that school, or in the case of an intermediate authority leave the school from which he was first excluded, prior to being admitted to a middle or secondary (including a special) school, C is the number of complete weeks remaining in that school year calculated from the relevant date; and
D is 52.
3
An amount payable in accordance with regulation 2 shall be paid within three months of the relevant date.
4
The permanent exclusion of a pupil is to be regarded as taking effect for the purposes of section 494 of the Act –
a
in relation to the period commencing on 1st April 1999 and ending immediately before 1st September 1999, on the date that the local education authority, in the case of a county, voluntary controlled or maintained special school, or the governing body, in the case of a voluntary aided, special agreement, grant-maintained or grant-maintained special school, decide by virtue of provisions made by or under the 1996 Act that the pupil should not be reinstated; and
b
in relation to the period on and after 1st September 1999, on the date that the governing body decide under section 66 of the 1998 Act that the pupil should not be reinstated.
5
1
Subject to paragraph (2) below, the Education (Amount to Follow Permanently Excluded Pupil) Regulations 1997 (“the 1997 Regulations ”) are hereby revoked.
2
The 1997 Regulations shall continue to apply in relation to financial years ending on or before 31st March 1999.
Estelle Morris
Minister of State,
Department for Education and Employment
18th February 1999
Peter Hain
Parliamentary Under Secretary of State, Welsh Office
25th February 1999


text:
1
1
This Order may be cited as the Immigration and Asylum Act 1999 (Commencement No. 1) Order 1999.
2
In this Order “ the Act ” means the Immigration and Asylum Act 1999.
2
The provisions of the Act specified in column 1 of the Schedule to this Order shall come into force on the date specified in column 2 of that Schedule, but where a particular purpose is specified in relation to any such provision in column 3 of that Schedule, the provision concerned shall come into force on that date only for that purpose.
Jack Straw
One of Her Majesty’s Principal Secretaries of State
Home Office
27th November 1999


text:
Citation and commencement
1
This Order may be cited as the Highway Litter Clearance and Cleaning (Transfer of Responsibilities) (North West Leicestershire and South Derbyshire) Order 1999 and shall come into force on 26th April 1999.
Transfer of duties of the Secretary of State
2
There shall be transferred to the Secretary of State for the Environment, Transport and the Regions from each local authority listed in column 1 of the Schedule to this Order the responsibility for the discharge of the duties imposed by section 89 of the Environmental Protection Act 1990 as respects the part of the highway specified in relation to that local authority in column 2 of that Schedule.
Signed by the authority of the Secretary of State for the Environment, Transport and the Regions
Larry Whitty
Parliamentary Under Secretary of State
Department of the Environment, Transport and the Regions
26th March 1999


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Fund Cold Weather Payments (General) Amendment Regulations 1999 and shall come into force on 1st November 1999.
2
In these Regulations, “the principal Regulations ” means the Social Fund Cold Weather Payments (General) Regulations 1988 .
Substitution of Schedule 1 to the principal Regulations
2
For Schedule 1 to the principal Regulations (identification of stations and postcode districts), there shall be substituted the Schedule set out in Schedule 1 to these Regulations.
Substitution of Schedule 2 to the principal Regulations
3
For Schedule 2 to the principal Regulations (specified alternative stations), there shall be substituted the Schedule set out in Schedule 2 to these Regulations.
Signed by authority of the Secretary of State for Social Security
P. Hollis
Parliamentary Under-Secretary of State,Department of Social Security
7th October 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as The Health Authorities (England) Establishment Order 1996 Amendment and the Cambridgeshire and Norfolk Health Authorities (Establishment etc.) Order 1999 and shall come into force on 1st April 1999.
2
In this Order:–
“the old Authorities” means the Cambridge & Huntingdon Health Authority, the East Norfolk Health Authority and the North West Anglia Health Authority, each of which is dissolved by article 2 of this Order;
“Primary Care Group” means a committee appointed under Regulation 14(1) of the Health Authorities (Membership and Procedure) Regulations 1996 in accordance with the Secretary of State’s directions of 15th October 1998 ;
“the principal Order ” means The Health Authorities (England) Establishment Order 1996 ;
“the relevant new Authority” means–
the Cambridgeshire Health Authority, established by article 3 of this Order, in respect of:–
all staff employed by, and all property, rights and liabilities belonging to, the Cambridge & Huntingdon Health Authority; and
all staff employed by, and all property, rights and liabilities belonging to, the North West Anglia Health Authority save those referred to in paragraph (b)(ii) below; and
the Norfolk Health Authority, established by article 4 of this Order in respect of:–
all staff employed by, and all property, rights and liabilities belonging to, the East Norfolk Health Authority; and
the staff, property, rights and liabilities of the North West Anglia Health Authority specified in the Schedule to this Order.
Abolition of Health Authorities
2
The Cambridge & Huntingdon Health Authority, the East Norfolk Health Authority and the North West Anglia Health Authority are hereby abolished, and accordingly their names and the description of their areas are omitted from columns (1) and (2) of the Schedule to the principal Order.
Establishment of the Cambridgeshire Health Authority
3
1
For the area of the county of Cambridgeshire, there is established a Health Authority which shall be known as the Cambridgeshire Health Authority.
2
In column (1) of the Schedule to the principal Order, after “Calderdale and Kirklees Health Authority”, there is inserted the name “Cambridgeshire Health Authority”, and opposite that name, in column (2) of that Schedule, there is inserted the following description of area:
The County of Cambridgeshire.
.
Establishment of the Norfolk Health Authority
4
1
For the area of the county of Norfolk, there is established a Health Authority which shall be known as the Norfolk Health Authority.
2
In column (1) of the Schedule to the Principal Order, after “Newcastle & North Tyneside Health Authority”, there is inserted the name “Norfolk Health Authority”, and opposite that name, in column (2) of that Schedule, there is inserted the following description of area:
The County of Norfolk.
.
Transfer of employees
5
1
This article applies in relation to any person who, immediately before the coming into force of this Order, was an employee of any of the old Authorities.
2
The contract of employment between a person in relation to whom this article applies and the old Authority which employed him shall have effect as if made between him and the relevant new Authority.
3
Without prejudice to paragraph (2) above–
a
all the rights and liabilities of the old Authority under or in connection with a contract to which this article applies are transferred to the relevant new Authority;
b
anything done by, or in relation to, the old Authority in respect of that contract or that employee, shall be deemed to have been done by, or in relation to, the relevant new Authority.
4
Paragraphs (2) and (3) above are without prejudice to any right of any employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions, but no such right shall arise by reason only of the change in employer effected by this article.
Transfer of property, rights and liabilities
6
1
All the property, rights and liabilities of the old Authorities, not mentioned in article 5 above, are transferred in each case from the old Authority in question to the relevant new Authority.
2
In paragraph (1) above “property, rights and liabilities” include, without limitation–
a
the obligation to prepare the outstanding accounts of the old Authority in question and to perform all statutory duties relating to those accounts; and
b
any loans made to the old Authority in question.
Investigation of complaints by Health Service Commissioner
7
1
A complaint made under the Health Service Commissioners Act 1993 to the Health Service Commissioner for England in relation to any of the old Authorities, whether made before, on or after the coming into force of this order may be investigated by the Commissioner notwithstanding the dissolution of the old Authorities as if the complaint had been made in relation to the relevant new Authority.
2
The Health Service Commissioner for England, where he conducts such an investigation, shall send a report of the result of his investigation to the relevant new Authority.
Provision for continuity in exercise of functions
8
1
Anything duly done by, and any application duly made by, or any direction, authorization or notice given to or by any of the old Authorities in relation to any of its property, rights or liabilities shall be deemed to have been duly done by or made by or given to or by the relevant new Authority.
2
Any instrument made by any of the old Authorities continues in force in relation to the relevant new Authority until it is varied or revoked by the relevant new Authority.
3
Any form supplied by any of the old Authorities, or any form supplied by the Secretary of State in relation to any of the old Authorities, continues to be a valid form in relation to the relevant new Authority until it is cancelled or withdrawn by the Secretary of State or the relevant new Authority, as if any reference contained in that form to the old Authority in question were a reference to the relevant new Authority.
Signed by authority of the Secretary of State for Health.
John Denham
Minister of State,
Department of Health
8th March 1999


text:
Citation and commencement
1
These Regulations may be cited as the Carriage of Dangerous Goods (Amendment) Regulations 1999 and shall come into force on [5th March] 1999.
Amendments to the Classification and Labelling of Explosives Regulations 1983
2
The Classification and Labelling of Explosives Regulations 1983 shall be amended in accordance with Schedule 1.
Amendments to the Pressure Systems and Transportable Gas Containers Regulations 1989
3
The Pressure Systems and Transportable Gas Containers Regulations 1989 shall be amended in accordance with Schedule 2.
Amendments to the Packaging of Explosives for Carriage Regulations 1991
4
The Packaging of Explosives for Carriage Regulations 1991 shall be amended in accordance with Schedule 3.
Amendments to the Carriage of Dangerous Goods by Rail Regulations 1996
5
The Carriage of Dangerous Goods by Rail Regulations 1996 shall be amended in accordance with Schedule 4.
Amendments to the Packaging, Labelling and Carriage of Radioactive Material by Rail Regulations 1996
6
The Packaging, Labelling and Carriage of Radioactive Material by Rail Regulations 1996 shall be amended in accordance with Schedule 5.
Amendments to the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996
7
The Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996 shall be amended in accordance with Schedule 6.
Amendments to the Carriage of Explosives by Road Regulations 1996
8
The Carriage of Explosives by Road Regulations 1996 shall be amended in accordance with Schedule 7.
Amendments to the Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996
9
The Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996 shall be amended in accordance with Schedule 8.
Amendments to the Carriage of Dangerous Goods by Road Regulations 1996
10
The Carriage of Dangerous Goods by Road Regulations 1996 shall be amended in accordance with Schedule 9.
Amendments to the Health and Safety (Fees) Regulations 1997
11
The Health and Safety (Fees) Regulations 1997 shall be amended in accordance with Schedule 10.
Signed by authority of the Secretary of State
Larry Whitty
Parliamentary Under Secretary of State ,
Department of the Environment, Transport and the Regions
11th February 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Scotland Act 1998 (Agency Arrangements) (Specification) Order 1999.
2
This Order shall come into force on the principal appointed day .
3
In this Order —
“the 1998 Act ” means the Scotland Act 1998; and
“ NHS Trust”, “Health Board”, “dried milk”, “family credit”, “beneficiaries”, “suppliers” and, “vitamins” have the same meaning as they have in the Welfare Food Regulations 1996 .
Specification of functions
2
1
The functions conferred on a Minister of the Crown by the enactments specified in Schedule 1 to this Order are hereby specified for the purposes of section 93(1) of the 1998 Act.
2
The functions exercisable by the Scottish Ministers under the enactments mentioned in Schedule 2 to this Order are hereby specified for the purposes of section 93(1) of the 1998 Act.
3
The functions of the Scottish Ministers described in Schedule 3 to this Order are hereby specified for the purposes of section 93(1) of the 1998 Act.
A. K Galloway
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Housing (Right to Acquire) (Discount) Order 1999 and shall come into force on 10th May 1999.
2
In this Order “area” means “county” or “district” as defined by section 270 of the Local Government Act 1972 , a London borough or the City of London.
Amounts of discount
2
In relation to a dwelling-house in an area specified in Column 1 of the Schedule to this Order, the sum specified in Column 2 of that Schedule is the specified amount of discount for the purposes of section 16 of the Housing Act 1996 (the right to acquire).
Revocation
3
The Housing (Right to Acquire) (Discount) Order 1998 is hereby revoked.
Application
4
This Order does not apply in a case where a notice has been served claiming to exercise the right to acquire before this Order comes into force.
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
12th April 1999


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Claims and Information) Regulations 1999 and shall come into force on 29th November 1999.
Interpretation
2
In these Regulations, —
“ the Act ” means the Welfare Reform and Pensions Act 1999;
“the Child Support Acts ” means the Child Support Act 1991 and the Child Support Act 1995 ;
“the Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 ;
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 ;
“relevant authority” means a person within section 72(2) of the Act.
Work-focused interview
3
A work-focused interview is an interview conducted for any or all of the following purposes —
a
assessing a person’s prospects for existing or future employment (whether paid or voluntary);
b
assisting or encouraging a person to enhance his prospects of such employment;
c
identifying activities which the person may undertake to strengthen his existing or future prospects of such employment;
d
identifying current or future employment or training opportunities suitable to the person’s needs; and
e
identifying educational opportunities connected with the existing or future employment prospects or needs of the person.
Additional functions of local authorities
4
1
A local authority to whom Part I of Schedule I to these Regulations applies may conduct a work-focused interview with, or provide assistance to, a person to whom paragraphs (2) and (3) apply, where the interview or assistance is requested or consented to by that person.
2
This paragraph applies to a person who resides in a postcode district identified in Part I of Schedule 2 to these Regulations.
3
This paragraph applies to any person making a claim for, or entitled to, any benefit specified in paragraph (4) and applies whether or not a person has had an interview in accordance with regulations made under section 2A of the Administration Act .
4
The benefits specified in this paragraph are —
a
income support;
b
housing benefit;
c
council tax benefit;
d
widow’s benefit;
e
bereavement benefits;
f
incapacity benefit;
g
severe disablement allowance;
h
invalid care allowance;
i
a jobseeker’s allowance;
j
disability living allowance.
5
For the purposes of paragraph (1), the request or consent may be made or given to —
a
the local authority conducting the interview or giving the assistance;
b
any person who, or authority which, may be specified as a designated authority for the purposes of section 2A(8) of the Administration Act; or
c
a person designated an employment officer for the purposes of section 9 of the Jobseekers Act 1995 .
6
For the purposes of carrying out functions under paragraph (1), a local authority may in particular —
a
obtain and receive information or evidence for the purpose of any work-focused interview to be conducted with that person;
b
arrange for the work-focused interview to be conducted by one of the following —
i
the Secretary of State;
ii
a person providing services to the Secretary of State; or
iii
a person providing services to, or authorised to exercise any function of, the local authority;
c
forward information supplied for the purpose of a work-focused interview to any person or authority conducting that interview;
d
take steps to identify potential employment or training opportunities for persons taking part in work-focused interviews;
e
conduct a work-focused interview;
f
take steps to identify —
i
obstacles which may hinder a person in taking up employment or training opportunities;
ii
educational opportunities which may assist in reducing or removing such obstacles; and
g
record information supplied at a work-focused interview.
Further provisions as to claims
5
The following regulations shall be inserted after regulation 4 of the Social Security (Claims and Payments) Regulations 1987 —
Further provisions as to claims
4A
1
Where a claimant resides in both —
a
the area of a local authority specified in Part I or II of Schedule 1 to the Social Security (Claims and Information) Regulations 1999 ; and
b
a postcode district identified in Part I or II of Schedule 2 to the Social Security (Claims and Information) Regulations 1999,
any claim for a benefit to which paragraph (2) applies may be made to any office displaying the One logo (whether or not that office is situated within the area of the local authority in which the claimant resides).
2
The benefits to which this paragraph applies are —
a
a jobseeker’s allowance;
b
income support;
c
incapacity benefit;
d
invalid care allowance;
e
severe disablement allowance;
f
widow’s benefit;
g
bereavement benefits;
h
disability living allowance.
3
A claim made in accordance with paragraph (1), other than a claim for income support or a jobseeker’s allowance, shall be made in writing on a form approved by the Secretary of State for the purpose of the benefit to which the claim is made, or in such other manner, being in writing, as the person to whom the claim is made may accept as sufficient in the circumstances of the particular case.
4
In the case of a claim for income support or a jobseeker’s allowance, the provisions of regulation 4(1A) to (1C) shall apply.
5
In its application to the area of any authority specified in Part I or II of Schedule 1 to the Social Security (Claims and Information) Regulations 1999, the “appropriate office” in these Regulations includes also an office of an authority or person to whom claims may be made in accordance with paragraph (1).
6
In these Regulations, a “participating authority” means any local authority or person to whom claims may be made in accordance with paragraph (1).
Forwarding claims and information
4B
1
A participating authority may —
a
record information or evidence relating to any social security matter supplied by or obtained from a person at an office displaying the One logo, whether or not the information or evidence is supplied or obtained in connection with the making of a claim for benefit;
b
give information or advice with respect to any social security matter to persons who are making, or have made, claims for any benefit to which regulation 4A(2) applies.
2
A participating authority shall forward to the Secretary of State —
a
any claim for benefit, other than a claim for housing benefit or council tax benefit, together with any information or evidence supplied to the authority in connection with that claim; and
b
any information or evidence relating to any other social security matter, except where the information or evidence relates solely to housing benefit or council tax benefit given to the authority by a person making a claim for, or who has claimed, a benefit to which regulation 4A(2) applies.
.
War Pensions and Child Support
6
1
Where a person resides in the area of an authority to which Part I or II of Schedule 1 to these Regulations refers, he may make a claim for a war pension, or submit an application under the Child Support Acts to any office displaying the One logo (whether or not that office is situated within the area of the local authority in which the person resides).
2
Any change of circumstances arising since a claim or application was made in accordance with paragraph (1) may be reported to the office to which that claim or application was made.
3
The areas to which this paragraph refers are those areas which are within both —
a
the area of a local authority identified in Part I or II of Schedule 1 to these Regulations, and
b
a postcode area identified in Part I or II of Schedule 2 to these Regulations.
4
A person making a claim or application to a participating authority in accordance with paragraph (1) shall comply with any requirements for the time being in force in relation to —
a
claims for war pensions or applications under the Child Support Acts;
b
the provision of information and evidence in support of such claims or applications,
as if those requirements also applied to the participating authority.
5
A participating authority shall forward to the Secretary of State —
a
any claim for a war pension or application under the Child Support Acts made in accordance with this regulation;
b
details of changes of circumstances reported to the authority in accordance with this regulation; and
c
any information or evidence —
i
given to the authority by the person making a claim or application or reporting the change of circumstances; or
ii
which is relevant to the claim or application or the change reported and which is held by the authority.
6
For the purpose of this regulation, a “participating authority” means any authority or person to whom a claim or application may be made or change of circumstances reported in accordance with paragraphs (1) and (2).
Holding information
7
A relevant authority to whom information or evidence relating to social security matters is supplied or by whom such information or evidence is obtained, including information obtained under regulation 8(2), may —
a
make a record of that information or evidence; and
b
hold the information or evidence, whether as supplied or as recorded.
Provision of information
8
1
A relevant authority may give information or advice to any person, or to a person acting on his behalf, concerning —
a
a claim he made, or a decision given on a claim he made, for a social security benefit or a war pension;
b
an application he made, or a decision given on an application he made, under the Child Support Acts.
2
For the purpose of giving information or advice in accordance with paragraph (1), a relevant authority may obtain information held by any other relevant authority.
Claims for Housing Benefit
9
There shall be inserted after regulation 72A of the Housing Benefit Regulations the following regulations —
Claims for housing benefit made to a relevant authority
72B
1
Without prejudice to a person’s right to make a claim for housing benefit in accordance with regulation 72(4) but subject to regulation 72C claims for housing benefit may also be made at the offices of a relevant authority displaying the One logo where the claimant resides in a postcode district identified in Part I or II of Schedule 2 to the Social Security (Claims and Information) Regulations 1999 (a “relevant office”).
2
For the purposes of this regulation, a “relevant authority” means —
a
an appropriate DSS office;
b
a person providing services to the Secretary of State for Social Security or the Secretary of State for Education and Employment where the service provided includes the taking of claims for social security benefit;
c
the appropriate local authority;
d
a person providing services to the appropriate authority where the service includes matters relating to housing benefit;
e
a person authorised to exercise any function of an appropriate authority relating to housing benefit.
3
A claim made in accordance with paragraph (1) shall be —
a
in writing on a form approved for the purpose by the relevant authority, or in such other manner, being in writing, as the person to whom the claim is made may accept as sufficient in the circumstances of the particular case; and
b
accompanied by or supplemented by such certificates, information or evidence as are required in accordance with regulation 73(1).
4
A claim may be sent or delivered to a relevant authority.
5
Where a claim is received at —
a
an appropriate DSS office;
b
the office of a person providing services to the Secretary of State for Social Security or the Secretary of State for Education and Employment; or
c
a local authority office, other than a designated office, to which claims may be made in accordance with paragraph (1),
the claim, together with any information or evidence held at that office which is relevant to that claim, shall be forwarded to the designated office.
6
Where the benefit claimed in accordance with paragraph (1) is housing benefit, the date on which the claim is made shall be —
a
except where sub-paragraph (b) applies, the date the claim is received in a relevant office; or
b
where in the 4 weeks before the claim is received in the relevant office, the person making the claim or a person acting on his behalf had notified the relevant office of his intention to make such a claim, the date the notification was given.
7
A notification of intention to make a claim is deemed to be given on the date on which notification of the intention to claim housing benefit is received, in whatever form, from the claimant, or the person acting on his behalf, at a relevant office.
8
Paragraph (7) applies where neither income support nor a jobseeker’s allowance is claimed in conjunction with housing benefit.
9
Where the person claiming housing benefit in accordance with paragraph (1), or the partner of that person, —
a
has an award of income support or income-based jobseeker’s allowance; or
b
has claimed such a benefit but no award has been made,
the date on which the claim for housing benefit is made shall be determined as if sub-paragraphs (a), (b), (c) and (e) of paragraph (1) of regulation 72A applied to that claim as they apply to claims under regulation 72(4)(d).
10
Paragraphs (6) to (17) of regulation 72 shall apply to a claim made to a relevant authority, but as if for references to —
a
an “appropriate DSS office” there were substituted references to a “relevant authority”;
b
paragraph (1) was to paragraph (3) of this regulation.
Claims made to an office which is both a gateway office and a relevant office
72C
Where a claim for housing benefit is sent or delivered to an office which is both a gateway office and a relevant office for the purposes of regulation 72B, the claim shall be treated as if it had been sent or delivered to a relevant office only.
.
Consequential Amendments to the Housing Benefit Regulations
10
1
The Housing Benefit Regulations shall be amended in accordance with the following provisions of this regulation (which are all consequential upon regulation 9 above).
2
In regulation 2 (interpretation), in paragraph (1) after the entry relating to “relative” there shall be inserted the following entry —
“relevant authority” has the meaning given to it in regulation 72B(2);
.
3
In regulation 71(who may claim), the following paragraph shall be added at the end —
7
Where the dwelling in respect of which a claim is made is situated in a postcode area to which Part I or II of Schedule 2 to the Social Security (Claims and Information) Regulations 1999 refers, references in this regulation to an “appropriate authority” shall be read as including a reference to the “relevant authority”.
.
4
In regulation 72 (time and manner in which claims are to be made) in paragraph (1), at the beginning, there shall be inserted the words “Subject to regulation 72B”.
5
In regulation 73 (evidence and information) the following paragraph shall be added at the end —
7
In its application to regulation 72B, references in this regulation to “appropriate authority” shall be read as including references to the “relevant authority”.
6
In regulation 75 (duty to notify change of circumstances) —
a
in paragraph (1) for the words “paragraph (2)”, there shall substituted the words “paragraphs (2) and (4)”; and
b
after paragraph (3), there shall be added the following paragraph —
4
Where a person resides in a postcode district identified in Part I or II of Schedule 2 to the Social Security (Claims and Information) Regulations 1999, he may notify the change of circumstances by giving notice in writing to any office of a relevant authority displaying the One logo.
.
7
In regulation 99(3) (recoverable overpayments) after the words “as such”, there shall be inserted the words “, or a person providing services to either Department”.
Claims for Council Tax Benefit
11
There shall be inserted after regulation 62A of the Council Tax Benefit Regulations the following regulation —
Claims for council tax benefit to a relevant authority
62B
1
Without prejudice to a person’s right to make a claim for council tax benefit in accordance with regulation 62(4), claims for council tax benefit may also be made at the office of a relevant authority displaying the One logo where the claimant resides in a postcode district identified in Part I or II of Schedule 2 to the Social Security (Claims and Information) Regulations 1999 (a “relevant office”).
2
For the purposes of this regulation, a “relevant authority” means —
a
an appropriate social security office;
b
a person providing services to the Secretary of State for Social Security or the Secretary of State for Education and Employment where the service provided includes the taking of claims for social security benefit;
c
the appropriate local authority;
d
a person providing services to the appropriate authority where the service includes matters relating to council tax benefit;
e
a person authorised to exercise any function of an appropriate authority relating to council tax benefit.
3
A claim made in accordance with paragraph (1) shall be —
a
in writing on a form approved for the purpose by the relevant authority, or in such other manner, being in writing, as the person to whom the claim is made may accept as sufficient in the circumstances of the particular case; and
b
accompanied by or supplemented by such certificates, information or evidence as are required in accordance with regulation 63(1).
4
A claim may be sent or delivered to a relevant authority.
5
Where a claim is received at —
a
an appropriate DSS office;
b
the office of a person providing services to the Secretary of State for Social Security or the Secretary of State for Education and Employment; or
c
a local authority office, other than a designated office, to which claims may be made in accordance with paragraph (1),
the claim, together with any information or evidence held at that office which is relevant to that claim, shall be forwarded to the designated office.
6
Where the benefit claimed in accordance with paragraph (1) is the council tax benefit, the date on which the claim is made shall be —
a
except where sub-paragraph (b) applies, the date on which the claim is received in the relevant office;
b
where in the 4 weeks before the claim is received in the relevant office, the person making the claim or a person acting on his behalf had notified a relevant office of his intention to make such a claim, the date the notification was given.
7
A notification of intention to make a claim is deemed to be given on the date on which notification of the intention to claim council tax benefit is received, in whatever form, from the claimant or a person acting on his behalf at a relevant office.
8
Paragraph (7) applies where neither income support nor a jobseeker’s allowance is claimed in conjunction with council tax benefit.
9
Where the person claiming council tax benefit in accordance with paragraph (1), or the partner of that person —
a
has an award of income support or income-based jobseeker’s allowance; or
b
has claimed such a benefit but no award has been made,
the date on which the claim for council tax benefit is made shall be determined as if sub-paragraphs (a), (b), (c) and (e) of paragraph (1) of regulation 62A applied to that claim as they apply to claims under regulation 62(4)(d).
10
Paragraphs (6) to (16) of regulation 62 shall apply to a claim made to a relevant authority, but as if for references to —
a
an “appropriate social security office” there were substituted references to a “relevant office”;
b
paragraph (1) was to paragraph (3) of this regulation.
Claims made to an office which is both a gateway office and a relevant office
62C
Where a claim for council tax benefit is sent or delivered to an office which is both a gateway office and a relevant office for the purposes of regulation 62B, the claim shall be treated as if it had been sent or delivered to a relevant office only.
.
Consequential Amendments to the Council Tax Benefit Regulations
12
1
The Council Tax Benefit Regulations shall be amended in accordance with the following provisions of this regulation (which are all consequential upon regulation 11 above).
2
In regulation 2 (interpretation), in paragraph (1) after the entry relating to “qualifying person” there shall be inserted the following entry —
“relevant authority” has the meaning given to it in regulation 62B(2)
.
3
In regulation 61 (who may claim), the following paragraph shall be added at the end —
7
In its application to regulation 62B, references in this regulation to “appropriate authority” shall be read as including references to the “relevant authority”.
.
4
In regulation 62 (time and manner in which claims are to be made) in paragraph (1), at the beginning, there shall be inserted the words “Subject to regulation 62B”.
5
In regulation 62 (evidence and information) the following paragraph shall be added at the end —
7
In its application to regulation 62B, references in this regulation to “appropriate authority” shall be read as including references to the “relevant authority”.
.
6
In regulation 65 (duty to notify changes of circumstances) —
a
in paragraph (1) for the words “paragraphs (2) and (4)”, there shall be substituted the words “paragraphs (2), (4) and (5)”; and
b
after paragraph (4), there shall be added the following paragraph —
5
Where a person resides in a postcode district identified in Part I or II of Schedule 2 to the Social Security (Claims and Information) Regulations 1999, he may notify the change of circumstances to any office of a relevant authority displaying the One logo.
.
7
In regulation 84(3) (recoverable excess benefit) after the words “acting as such” there shall be inserted the words “or a person providing services to either Department”.
Information
13
1
A relevant authority which holds social security information may —
a
use that information —
i
in connection with arrangements known as the New Deal and made under section 2 of the Employment and Training Act 1973 ;
ii
for any purpose to which regulations 3, 4 and 6 of these Regulations, or any regulations inserted by these Regulations, apply; or
iii
for purposes connected with the employment or training of the persons to whom it relates;
b
supply the information —
i
to any other relevant authority to enable that authority to carry out a work-focused interview or any function conferred upon it by these Regulations or by regulations inserted by these Regulations;
ii
in so far as relevant for the purpose for which it is being provided, to any person in respect of whom the person undertaking the work-focused interview is notified has a vacancy or is about to have a vacancy in his employment or at his place of employment;
iii
to any person (an “employment zone provider”) to whom payments are made by the Secretary of State in accordance with section 60(5)(c)(i) of the Act (special schemes for claimants for jobseeker’s allowance);
iv
to any other relevant authority in connection with any scheme operated by, or any arrangements made by, the authority for purposes connected with employment or training;
v
to any other relevant authority in connection with arrangements made under section 2 of the Employment and Training Act 1973 and known as the New Deal.
2
An employment zone provider may supply to any other relevant authority information relating to any person participating in a scheme for which he receives a payment under section 60(5)(c)(i) of the Act where the information may be relevant to the person’s benefit entitlement.
3
Where the work-focused interview is undertaken by a relevant authority other than the authority which obtained the information, then the authority supplying the information shall, for the purposes of that interview, supply any other social security information held by them.
4
A relevant authority which holds social security information may supply that information to any other relevant authority for the purposes of research, monitoring or evaluation in so far as it relates to any purpose specified in paragraph (5).
5
The purposes specified in this paragraph are —
a
work-focused interviews;
b
any purpose for which regulations 3, 4 and 6 of these Regulations, or any regulations inserted by these Regulations, applies;
c
any scheme or arrangements made by the Secretary of State connected with employment or training; and
d
section 60 of the Act.
Purposes for which information may be used
14
1
The purposes for which information supplied in connection with matters referred to in paragraph (2) may be used are for —
a
the processing of any claim for a social security benefit or a war pension or for an application for a maintenance assessment under the Child Support Act 1991;
b
the consideration of any application for employment by a person to whom information is supplied in connection with any employment opportunity;
c
the consideration of the training needs of the person who supplied the information;
d
any purpose for which a work-focused interview may be conducted ;
e
the prevention, detection, investigation or prosecution of offences relating to social security matters.
2
The matters referred to in this paragraph are —
a
work-focused interviews; or
b
any other provision in or introduced by these Regulations.
Information supplied
15
Information supplied to a person or authority under these Regulations —
a
may be used for the purposes of amending or supplementing information held by the person or authority to whom it is supplied; and
b
if it is so used, may be supplied to another person or authority, and used by him or it for any purpose, to whom or for which that other information could be supplied or used.
Partners of claimants on jobseeker’s allowance
16
1
The social security information specified in paragraph (2) may be supplied by a relevant authority to the partner of a claimant for a jobseeker’s allowance where —
a
the allowance has been in payment to the claimant, or would have been in payment to him but for section 19 of the Jobseekers Act 1995 (circumstances in which jobseeker’s allowance is not payable) for a period of 6 months or more;
b
the allowance remains in payment or would be in payment but for that section; and
c
the partner is being invited to attend the office of the relevant authority for purposes connected with employment or training.
2
The information which may be supplied is —
a
that jobseeker’s allowance is in payment to the claimant or would be in payment to him but for section 19 of the Jobseekers Act; and
b
that payment has been made to the claimant or would have been so made but for section 19, for a period of at least 6 months.
3
In this regulation, “partner” has the same meaning as in the Jobseeker’s Allowance Regulations 1996 by virtue of section 1(3) of those Regulations.
Partners of claimants
17
1
The social security information specified in paragraph (4) may be supplied by a relevant authority to the partner of a claimant for a qualifying benefit where paragraph (3) is satisfied.
2
The qualifying benefits are —
a
a jobseeker’s allowance;
b
income support;
c
incapacity benefit;
d
severe disablement allowance.
3
This paragraph is satisfied where —
a
one or more of the qualifying benefits is or has been payable to the claimant;
b
the benefit which is or has been payable includes an increase in respect of a partner; and
c
the partner of the person entitled to the benefit payable is aged 50 or over.
4
The information which may be supplied is —
a
that a qualifying benefit is or has been payable to the claimant;
b
the period for which the qualifying benefit has been payable.
5
In this regulation, partner means one member of a married or unmarried couple of which the claimant is also a member.
Consequentials
18
Schedule 3 to these Regulations, which contains a number of consequential changes shall have effect.
Signed by authority of the Secretary of State for Social Security.
Angela Eagle
Parliamentary Under-Secretary of State,
Department of Social Security
18th November 1999