text:
PART I
— GENERAL
Citation, commencement, revocations and extent
1
1
These Regulations may be cited as the Harbour Works (Environmental Impact Assessment) Regulations 1999, and shall come into force on 1st February 2000.
2
Part II of these Regulations shall not apply in relation to an application or notice referred to in regulation 4(1) of the Harbour Works (Assessment of Environmental Effects) ( No. 2) Regulations 1989 made or given prior to 1st February 2000.
3
Part III of these Regulations shall not apply to an application for a harbour revision order or harbour empowerment order made prior to 1st February 2000.
4
Except in relation to an application or notice referred to in paragraph (2) or an application for a harbour revision order or harbour empowerment order referred to in paragraph (3), the following Regulations are hereby revoked —
a
the Harbour Works (Assessment of Environmental Effects) Regulation 1988 ,
b
the Harbour Works (Assessment of Environmental Effects) (No. 2) Regulations 1989,
c
the Harbour Works (Assessment of Environmental Effects) (Amendment) Regulations 1996 .
5
These Regulations shall not extend to Northern Ireland.
PART II
— APPLICATIONS RELATING TO HARBOUR WORKS
Interpretation
2
1
In this Part, unless the context otherwise requires —
“the appropriate Authority” means —
as regards harbour works relating to fishery harbours in England, the Minister of Agriculture, Fisheries and Food;
as regards harbour works relating to fishery harbours in Wales, the National Assembly for Wales;
as regards any other harbour works in England or Wales, the Secretary of State for the Environment, Transport and the Regions;
as regards harbour works in Scotland, the Scottish Ministers;
“developer” means any person who proposes to carry out or who carries out harbour works;
“the Directive” means Council Directive 85/337/EEC on the assessment of the effect of certain public and private projects on the environment, as amended by Council Directive 97/11/EC ;
“ EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 ;
“EEA State” means a State which is a Contracting Party to the EEA Agreement;
“environmental statement” means a statement that includes such information of the descriptions referred to in Schedule 1 as is considered, in accordance with these Regulations, to be relevant to the proposed harbour works, but which includes at least the essential environmental information;
“essential environmental information” means —
a description of the proposed harbour works comprising information on its site, design and size;
a description of the measures which the applicant proposes to take in order to prevent, reduce or remedy significant adverse effects;
data required to identify and assess the main effects which the proposed harbour works are likely to have on the environment;
an outline of the main alternatives studied by the developer and an indication of the main reasons for his choice, taking into account the environmental effects; and
a non-technical summary of the information mentioned in sub-paragraphs (a) to (d);
“fishery harbour” has the meaning assigned to it in section 21 of the Sea Fish Industry Act 1951 ;
“harbour” has the meaning assigned to it in section 57 of the Harbours Act 1964 ;
“harbour authority” means the harbour authority as defined in section 57 of the Harbours Act 1964 in relation to the harbour where the harbour works are proposed to be carried out;
“harbour works” means works involved in the construction of a harbour or in the making of modifications to an existing harbour;
“provisional order” has the meaning assigned to it in section 57 of the Harbours Act 1964;
“relevant project” means a project which would be likely to have significant effects on the environment by virtue of factors such as its nature, size or location;
“selection criteria” means the criteria set out in Schedule 2;
“sensitive area” means any of the following —
land notified under section 28(1) of the Wildlife and Countryside Act 1981 (areas of special scientific interest);
land to which section 29(3) of that Act (nature conservation orders) applies;
land declared to be a national nature reserve under section 35 of that Act;
an area to which paragraph (u)(ii) in the table in article 10 of the Town and Country Planning (General Development Procedure) Order 1995 applies;
a National Park within the meaning of the National Parks and Access to the Countryside Act 1949 ;
the Broads within the meaning of the Norfolk and Suffolk Broads Act 1988 ;
a property appearing on the World Heritage List kept under article 11(2) of the 1972 UNESCO Convention for the Protection of the World Cultural and Natural Heritage ;
a scheduled monument within the meaning of the Ancient Monuments and Archaeological Areas Act 1979 ;
an area of outstanding natural beauty designated by order under section 87 of the National Parks and Access to the Countryside Act 1949 (designation of areas of outstanding natural beauty);
a European site within the meaning of regulation 10 of the Conservation (Natural Habitats etc ) Regulations 1994 ;
an area designated as a natural heritage area under section 6(2) of the Natural Heritage (Scotland) Act 1991 or as a national scenic area under section 262C of the Town and Country Planning (Scotland) Act 1972 ;
and subject thereto, expressions used which are also used in the Directive have the meaning which they bear in the Directive.
2
For the purposes of this Part a person carries out harbour works if he carries out the whole or any part of such works or any operation in connection with or for the purposes of such works.
3
Harbour works constituting a project which is of a description mentioned in Annex II to the Directive shall be treated for the purposes of this Part as not falling within that Annex unless —
a
the area of the harbour works exceeds 1 hectare,
b
any part of the harbour works is to be carried out in a sensitive area, or
c
the appropriate Authority determines that the harbour works constituting the project shall be treated for the purposes of this Part as falling within that Annex.
Scope
3
This Part applies to harbour works below the low water mark of medium tides, being works which are —
a
not subject to planning control pursuant to the Town and Country Planning Act 1990 or the Town and Country Planning (Scotland) Act 1997 or pursuant to orders made in exercise of powers conferred by the said Acts;
b
not specifically described in or authorised to be carried out by a harbour revision order made pursuant to section 14 of the Harbours Act 1964, a harbour empowerment order made pursuant to section 16 of the Harbours Act 1964 or by a provisional order;
c
not specifically described in or authorised to be carried out by any enactment conferring powers to carry out works at a harbour;
d
not authorised by an order under section 3 of the Transport and Works Act 1992 ;
e
not the subject of a consent granted by the Crown Estate Commissioners under the Environmental Assessment (Salmon Farming in Marine Waters) Regulations 1988 ; and
f
not the subject of a consent granted by the Crown Estate Commissioners under the Environmental Impact Assessment (Fish Farming in Marine Waters) Regulations 1999 .
Procedure for obtaining a prior opinion
4
1
A person who is minded to make an application or give a notice of a description referred to in paragraph (a), (b), (c) or (d) of regulation 5(1) may ask the appropriate Authority to state in writing its opinion —
a
as to whether the application or notice would or would not relate in whole or in part to harbour works to which this Part applies; and
b
if the appropriate Authority considers it would so relate and, assuming the criteria set out in paragraph (2) were satisfied, about the information to be supplied in the environmental statement.
2
The criteria referred to in paragraph (1)(b) are that the proposed harbour works constitute a project falling within Annex I to the Directive, or within Annex II to the Directive and (taking into account the selection criteria) the appropriate Authority determines that they would be likely to constitute a relevant project.
3
A request under paragraph (1) shall be accompanied by —
a
a plan sufficient to identify the location of the proposed harbour works,
b
a brief description of the nature and purpose of the proposed harbour works and of their possible effects on the environment,
c
plans and selections showing the lines, situation and levels of the proposed harbour works, and
d
such other information or representations as the person making the request may wish to provide or make.
4
The appropriate Authority receiving a request under paragraph (1) shall, if it considers that it has not been provided with sufficient information to give an opinion on the questions raised, notify the person making the request of the particular points on which it requires further information.
5
Subject to paragraph (6), the appropriate Authority shall give the opinion requested under paragraph (1) as soon as reasonably practicable.
6
The appropriate Authority shall not give an opinion in response to a request under paragraph (1) until it has consulted the person who made the request and such bodies as appear to it to be likely to have an interest in the project by reason of their environmental responsibilities.
7
In so far as the request relates to paragraph (1)(b), the appropriate Authority shall indicate the extent of the information set out in Schedule 1 which the person who requested the opinion would be required under regulation 5 to supply; in so doing the appropriate Authority shall take into account the extent to which it considers —
a
information to be relevant to its decision under regulation 10 and to the specific characteristics of the particular proposed harbour works and of the environmental features likely to be affected by the works, and
b
that (having regard inter alia to current knowledge and methods of assessment) the person who requested the opinion may reasonably be required to compile the information.
Applications or notices relating to harbour works where a prior opinion has been given
5
1
This regulation shall apply where an application or notice of one of the following descriptions is made or given in relation to harbour works to which this Part applies —
a
an application for consent to the carrying out of operations pursuant to section 34 of the Coast Protection Act 1949 ;
b
notice from a harbour authority pursuant to regulations made under section 37 of the Merchant Shipping Act 1988 that application has been made for a licence to carry out operations;
c
an application for the approval of any such work as is referred to in section 35(1)(g) of the Coast Protection Act 1949; or
d
an application for approval required to be obtained in relation to any work (other than work specifically described or authorised as mentioned in regulation 3(b) or (c)) under any provision of —
i
a local Act;
ii
a harbour revision order made pursuant to section 14 of the Harbours Act 1964; or
iii
a harbour empowerment order made pursuant to section 16 of that Act, not requiring consent under section 34 of the Coast Protection Act 1949;
and an opinion has been given to the developer under regulation 4(1) that the appropriate Authority would consider that such an application or notice relating to the same, or substantially the same proposed works, would relate in whole or in part to harbour works to which this Part applies.
2
a
Where an application of a description referred to in paragraph (1)(d)(i) is made and the approval required to be obtained is not the approval of the appropriate Authority —
i
the developer shall notify the appropriate Authority of the application, and
ii
the approval shall not be granted and the developer shall not commence the proposed harbour works, unless paragraph (3) or (7) applies or the appropriate Authority consents to the carrying out of the proposed harbour works under regulation 10(2).
b
In any other case to which this regulation applies, the developer shall not commence the proposed harbour works unless paragraph (3) or (7) applies or the appropriate Authority consents thereto under regulation 10(2).
3
Where it appears to the appropriate Authority that the proposed harbour works do not constitute a project falling within Annex I or II to the Directive, it shall in writing notify its decision to the developer and, in a case where a notice referred to in paragraph (1)(b) has been given, to the harbour authority, and subject to paragraph (6) it shall take no further action on the application or notice pursuant to this Part.
4
Where it appears to the appropriate Authority that the proposed harbour works constitute a project falling within Annex I to the Directive —
a
it shall in writing notify its decision and the reasons for its decision to the developer and, in a case where a notice has been given under paragraph (1)(b), the harbour authority, and
b
paragraphs (9) and (10) shall apply.
5
Where it appears to the appropriate Authority that the proposed harbour works constitute a project falling within Annex II to the Directive —
a
it shall determine whether, taking into account the selection criteria, the works constitute a relevant project,
b
it shall in writing notify its decision to the developer and, in a case where a notice referred to in paragraph (1)(b) has been given, to the harbour authority, and
c
where it determines that, taking into account the selection criteria, the works constitute a relevant project, it shall in writing notify the reasons for its decision, to —
i
the developer, and
ii
in a case where a notice referred to in paragraph (1)(b) has been given, the harbour authority.
6
The appropriate Authority shall make available for public inspection at all reasonable hours at a place within the locality of the harbour where the harbour works are proposed to be carried out, a copy of —
a
its decision under paragraph (3), (4) or (5)(a), and
b
any accompanying statement of reasons under paragraph (4) or (5)(c).
7
Where the appropriate Authority determines pursuant to paragraph (5)(a) that the works do not constitute a relevant project, then subject to the provisions of paragraphs (5) and (6) it shall take no further action on the application or notice pursuant to this Part.
8
Where the appropriate Authority determines pursuant to paragraph (5)(a) that the works constitute a relevant project, paragraphs (9) to (11) shall apply.
9
Where this paragraph applies, the appropriate Authority shall direct the developer to supply it with an environmental statement in such form as it may specify.
10
Subject to paragraph (11), the appropriate Authority may require the developer to supply it with specified information in addition to the information specified in the opinion given to the developer pursuant to regulation 4(1)(b) in relation to the same, or substantially the same, proposed harbour works as are referred to in the application or notice.
11
The appropriate Authority may specify information under paragraph (10) only if it is information of a type set out in Schedule 1 and the appropriate Authority considers that —
a
it is relevant to its decision under regulation 10 and to the specific characteristics of the proposed harbour works to which the application or notice relates and to the environmental features likely to be affected; and
b
(having regard inter alia to current knowledge and methods of assessment) the developer may reasonably be required to compile the information.
Applications or notices relating to harbour works where a prior opinion has not been given
6
1
This regulation shall apply where an application or notice of a description referred to in sub-paragraph (a), (b), (c) or (d) of regulation 5(1) is made or given and an opinion has not been given to the developer under regulation 4(1) in relation to the application or notice.
2
Where an application of a description referred to in sub-paragraph (d)(i) of regulation 5(1) is made and the approval required to be obtained is not the approval of the appropriate Authority —
a
the developer shall notify the appropriate Authority of the application,
b
the appropriate Authority shall consider whether the application relates in whole or in part to harbour works to which this Part applies and shall reach a decision thereon as soon as reasonably practicable, and
c
if the appropriate Authority determines that the application relates in whole or in part to harbour works to which this Part applies —
i
the approval shall not be granted, and
ii
the developer shall not commence the proposed harbour works, unless paragraph (5) or (9) applies or the appropriate Authority consents to the carrying out of the proposed harbour works under regulation 10(2).
3
In any other case to which this regulation applies —
a
the appropriate Authority shall consider whether the application or notice relates in whole or in part to harbour works to which this Part applies and shall reach a decision thereon as soon as reasonably practicable, and
b
if the appropriate Authority determines that the application or notice relates in whole or in part to harbour works to which this Part applies, the developer shall not commence the proposed works unless paragraph (5) or (9) applies or the appropriate Authority consents thereto under regulation 10(2).
4
The appropriate Authority may require the developer to provide it with such of the following information as it deems necessary to enable it to consider whether the proposed harbour works constitute a project falling within Annex I or II to the Directive, and if within Annex II, to determine whether (after taking into account the selection criteria) they constitute a relevant project —
a
a plan sufficient to identify the location of the proposed harbour works;
b
a brief description of the nature and purpose of the proposed harbour works and of their possible effects on the environment;
c
plans and sections showing the lines, situation and levels of the proposed harbour works; and
d
such further information as it may specify in a particular case.
5
Where it appears to the appropriate Authority that the proposed harbour works do not constitute a project falling within Annex I or II to the Directive, it shall in writing notify its decision to the developer and, in a case where a notice referred to in regulation 5(1)(b) has been given, the harbour authority, and subject to paragraph (8) it shall take no further action on the application or notice pursuant to this Part.
6
Where it appears to the appropriate Authority that the proposed harbour works constitute a project falling within Annex I to the Directive —
a
it shall in writing notify its decision and the reasons for its decision to the developer and, in a case where a notice referred to in regulation 5(1)(b) has been given, the harbour authority, and
b
paragraph (11) shall apply.
7
Where it appears to the appropriate Authority that the proposed harbour works constitute a project falling within Annex II to the Directive —
a
it shall determine whether, taking into account the selection criteria, the works constitute a relevant project,
b
shall in writing notify its decision to the developer and, in a case where a notice referred to in regulation 5(1)(b) has been given, to the harbour authority, and
c
where it determines that, taking into account the selection criteria, the works constitute a relevant project, it shall in writing notify the reasons for its decision, to —
i
the developer, and
ii
in a case where a notice referred to in regulation 5(1)(b) has been given, the harbour authority.
8
The appropriate Authority shall make available for public inspection at all reasonable hours at a place within the locality of the harbour where the harbour works are proposed to be carried out, a copy of —
a
its decision under paragraph (5), (6) or (7)(a), and
b
any accompanying statement of reasons under paragraph (6) or (7)(c).
9
Where the appropriate Authority decides pursuant to paragraph (7)(a) that the works do not constitute a relevant project, then subject to the provisions of paragraphs (7) and (8) it shall take no further action on the application or notice pursuant to this Part.
10
Where the appropriate Authority decides pursuant to paragraph (7)(a) that the works constitute a relevant project, paragraph (11) shall apply.
11
Where this paragraph applies, the appropriate Authority shall direct the developer to supply it, in such form as it may specify, with an environmental statement which includes so much of the information referred to in Schedule 1 as the appropriate Authority considers —
a
is relevant to its decision under regulation 10 and to the specific characteristics of the proposed harbour works to which the application or notice relates and to the environmental features likely to be affected; and
b
(having regard inter alia to current knowledge and methods of assessment) the developer may reasonably be required to compile.
Publication of notice by developer
7
1
Not less than 14 days before the developer provides the information to be supplied under regulation 5(9) or 6(11) to the appropriate Authority, he shall publish a notice in a local newspaper circulating in the locality of the harbour where the harbour works are proposed to be carried out, stating —
a
his name and the location and nature of the proposed harbour works;
b
that he has applied for consent or approval to the carrying out of the proposed works and specifying the relevant provision pursuant to which consent or approval was applied for;
c
that he has been directed to supply an environmental statement which includes the information referred to in regulation 5(9) or 6(11);
d
that a copy of any information supplied under regulation 4(3) or 6(4) together with the environmental statement to be supplied under regulation 5(9) or 6(11) may be inspected by members of the public at all reasonable hours;
e
an address within the locality of the harbour where the harbour works are proposed to be carried out at which the documents open to inspection may be inspected, and the latest date on which they will be available (being a date not less than 42 days later than the date on which the notice is published);
f
an address within the locality of the harbour where the harbour works are proposed to be carried out (whether or not the same as that named under sub-paragraph (e)) at which copies of the environmental statement to be supplied under regulation 5(9) or 6(11) may be obtained, for so long as stocks last, and, if a charge is to be made for a copy, the amount of the charge; and
g
that any person who wishes to make representations concerning the proposed harbour works should do so in writing, within a period of 7 days beginning with the day after the date specified in accordance with sub-paragraph (e), to the appropriate Authority.
2
On the date of publication of the notice under paragraph (1) the developer shall also post at a place to which members of the public have access at the offices of the harbour authority for the harbour where the harbour works are proposed to be carried out or if there is no such place, shall post outside the offices of the said harbour authority, a notice containing the information specified in paragraph (1).
3
The developer shall ensure that the notice referred to in paragraph (2) is —
a
left in position for a period of 42 days beginning with the date of posting;
b
posted by affixing it firmly to some object on the premises and is sited and displayed in such a way as to be easily visible to and legible by members of the public; and
c
replaced if it is at any time removed, damaged or defaced.
4
The environmental statement supplied to the appropriate Authority under regulation 5(9) or 6(11) shall be accompanied by —
a
a copy of the notice referred to in paragraph (1) certified by or on behalf of the developer as having been published in a named newspaper on a date specified in the certificate; and
b
a certificate by or on behalf of the developer which states —
i
that he has posted a notice at or outside the offices of the harbour authority for the harbour where the harbour works are proposed to be carried out in accordance with paragraph (2), and when he did so; and
ii
that he has complied with the requirements of paragraph (3)(b) and will comply with the requirements of paragraph (3)(c) should this be necessary.
Transboundary cases and involvement of other EEA States
8
1
This regulation applies where —
a
harbour works are proposed to be carried out in Great Britain,
b
it appears to the appropriate Authority that the harbour works constitute a project falling within Annex I or II to the Directive, and in the case of a project falling within Annex II it determines that (taking into account the selection criteria) they would constitute a relevant project, and
c
i
it comes to the attention of the appropriate Authority that the project is likely to have significant effects on the environment in another EEA State; or
ii
another EEA State so requests.
2
The appropriate Authority shall —
a
publish in the Gazette the particulars mentioned in paragraph (3) in a notice with an indication of where further information is available;
b
send to the other EEA State as soon as possible, and no later than the date of publication of that notice, the particulars mentioned in paragraph (3) and, if it thinks fit, the information mentioned in paragraph (4); and
c
give the other EEA State a reasonable time in which to indicate whether it wishes to be consulted in accordance with paragraph (6).
3
The particulars referred to in paragraph (2)(a) and (b) are —
a
a description of the project, together with any available information on its possible significant effect on the environment in another EEA State; and
b
information about the nature of the decision which may be taken under this Part.
4
The information to be sent to an EEA State which indicates, in accordance with paragraph (2)(c), that it wishes to be consulted in accordance with paragraph (6) is —
a
a copy of the application or notice referred to in regulation 5(1) which has been made or given respectively;
b
a copy of the environmental statement in respect of the works to which that application or notice relates; and
c
information regarding the procedure under this Part;
but only to the extent that such information has not already been provided to the EEA State in accordance with paragraph (2)(a).
5
The appropriate Authority shall also —
a
arrange for the information referred to in paragraphs (3) and (4) to be made available, within a reasonable time, to the authorities likely to have an interest in the project by reason of their environmental responsibilities, and the public concerned, in the territory of the EEA State concerned; and
b
ensure that those authorities and the public concerned are given a reasonable opportunity, before consent for the works is granted, to forward to the appropriate Authority, their opinion on the information supplied.
6
The appropriate Authority shall–
a
consult the EEA State concerned about the project generally and, in particular, about the potential significant effects of the project on the environment of that EEA State and the measures envisaged to reduce or eliminate such effects; and
b
endeavour to agree with that EEA State a reasonable period of time for the duration of the consultation period.
7
Where an EEA State has been consulted in accordance with paragraph (6), on the determination of the application concerned the appropriate Authority shall inform the EEA State of the decision and shall forward to it a statement giving–
a
the content of the decision whether or not to grant consent and any conditions attached to the decision;
b
the main reasons and consideration on which the decision is based;
c
a description, where necessary, of the main measures to prevent, reduce or offset the major adverse effects; and
d
confirmation that any information, representations, opinions, consultations and report of an inquiry have been taken into consideration in acordance with regulation 10(3) in reaching the decision.
Consultation on and holding of inquiry into proposed harbour works
9
1
The appropriate Authority shall direct the developer to supply such bodies as it may specify, being bodies appearing to it to be likely to have an interest in the project by reason of their environmental responsibilities, with copies of the environmental statement supplied to it under regulation 5(9) or 6(11).
2
Where the developer is not the harbour authority, the appropriate Authority shall direct the developer to supply the harbour authority with copies of the information supplied to it under regulation 5(9) or 6(11).
3
Where it has given a direction under paragraph (1) or (2) the appropriate Authority shall consult the bodies specified under paragraph (1), or the harbour authority as the case may be, before reaching a decision on the merits of the proposed harbour works.
4
The appropriate Authority may if it thinks fit cause an inquiry to be held by a person appointed by it into a proposal to carry out harbour works and it shall afford to the developer, to any persons who have made representations to it, and to the bodies specified in any direction under paragraph (1) and to the harbour authority mentioned in any direction given under paragraph (2), the opportunity to appear before the person appointed by it for the purpose.
5
Subsections (2) to (5) of section 250 of the Local Government Act 1972 or subsections (2) to (8) of section 210 of the Local Government (Scotland) Act 1973 (which relate to the giving of evidence at, and defraying the cost of, local inquiries) shall apply to an inquiry held under paragraph (4) as they apply in relation to a local inquiry under subsection (1) of that section; but, in its application by virtue of this sub-paragraph, subsection (4) of section 250 of the Local Government At 1972 shall have effect with the omission of the words “and any amount” onwards.
Decisions on applications
10
1
Where the appropriate Authority is satisfied that the developer has complied with its direction under regulation 5(9) or 6(11), with regulation 7 and with any direction under regulation 9(1) or (2), and it has received the report of any inquiry held under regulation 9(4), it shall reach a decision on the proposed harbour works, in accordance with paragraphs (2) and (3).
2
Subject to paragraph (3), the appropriate Authority shall —
a
consent to the carrying out of the proposed harbour works either unconditionally or subject to such conditions as it sees fit; or
b
refuse such consent.
3
The appropriate Authority shall not consent to the carrying out of the proposed harbour works unless it has taken into consideration the information supplied to it under regulation 5(9) or 6(11), any representations received pursuant to regulation 7(1) or (2), any opinion received pursuant to regulation 8(5), any consultations under regulation 8(6) or 9(3), and the report of any inquiry held under regulation 9(4); and it shall state in its decision that it has done so.
4
The appropriate Authority shall —
a
notify its decision and the reasons and considerations upon which it was based to the developer;
b
inform the public of the decision, by publishing a notice in a local newspaper circulating in the locality of the harbour where the harbour works are proposed to be carried out, or by such other means as are reasonable in the circumstances; and
c
make available for public inspection at all reasonable hours at a place near the location of the proposed works, the following information —
i
the content of its decision whether or not to grant consent and any conditions attached to the decision;
ii
the main reasons and considerations on which the decision is based;
iii
a description, where necessary, of the main measures to prevent, reduce or offset the major adverse effects; and
iv
where it consents to the carrying out of the proposed works, confirmation that any information, representations, opinions, consultations, or report of an inquiry referred to in paragraph (3) have been taken into consideration in reaching the decision.
5
Any condition subject to which the appropriate Authority has consented to harbour works —
a
shall (subject to sub-paragraph (c)) either remain in force for a specified period or remain in force without limit of time;
b
shall (in addition to binding the developer to whom the consent is given) bind, so far as is appropriate, any other person who for the time being owns, occupies, or enjoys any use of the harbour works which have been carried out;
c
may, if the appropriate Authority thinks fit, be revoked by it.
6
A consent under paragraph (2) may be granted so as to continue in force, unless renewed, only if the harbour works for which the consent is granted are begun or completed within such period as may be specified in the consent, and any renewal of a consent may be limited in the same way.
Harbour works carried out without a decision
11
1
If a developer carries out harbour works to which it appears to the appropriate Authority that this Part applies and which have not been the subject of a decision under regulation 5(3) or (7), 6(5) or (9), 10(2) or this regulation —
a
the appropriate Authority shall serve notice in writing on the developer requiring him:
i
if appropriate, to cease carrying out the harbour works forthwith; and
ii
to supply the appropriate Authority with such of the information referred to in regulation 6(4) as it may specify and within such period as it may specify; and
b
the provisions of regulations 6(5) to (11), 7 to 10, and 12 to 14 shall apply subject to the modifications set out in paragraph (2), whether or not an application or notice referred to in paragraph (a), (b), (c) or (d) of regulation 5(1) is made or given.
2
The modifications referred to in paragraph (1)(b) are:
a
for “proposed harbour works”, wherever these words occur, there shall be substituted “harbour works”;
b
for “are proposed to be”, wherever these words occur, there shall be substituted “have been”;
c
where an application or notice referred to in paragraph (a), (b), (c) or (d) of regulation 5(1) is not made or given, regulation 7(1)(b) and 8(4)(a) shall be omitted; and
d
in regulation 6(11), after “in such form” there shall be inserted “and within such period”.
3
If the developer no longer owns, occupies or enjoys any use of the harbour works which have been carried out when the appropriate Authority decides to serve a notice under paragraph (1) the notice may be served on any other person who for the time being owns, occupies or enjoys any use of the harbour works, and the references to the developer in paragraphs (1), (4) and (5) shall have effect as a reference to the person on whom the notice is served.
4
If a developer fails to supply the appropriate Authority with such of the information referred to in regulation 6(4) as is specified in a notice served under paragraph (1) within the period specified therein, the appropriate Authority shall make such investigations as it considers necessary to enable it to determine whether the harbour works constitute a project falling within Annex I or II to the Directive, and in the case of a project falling within Annex II to the Directive whether (taking into account the selection criteria) the harbour works constitute a relevant project.
5
Where regulation 6(11) applies as modified by paragraph (2)(d), and the developer fails to comply with the appropriate Authority’s direction, the appropriate Authority shall refuse consent in respect of the harbour works.
Variation of consent
12
1
Where a developer proposes to change or extend any harbour works which are the subject of a consent under regulation 10(2), or regulation 10(2) as modified by regulation 11, he may make an application to the appropriate Authority to vary that consent.
2
The appropriate Authority shall determine whether, taking into account the selection criteria, the proposed change or extension constitutes a relevant project.
3
Where the appropriate Authority determines that, taking into account the selection criteria, the proposed change or extension constitutes a relevant project, regulations 6(7), (8), (10), (11), 7 to 10 and 13 and 14 shall apply in relation to the application as they apply in relation to an application or notice referred to in regulation 6(1).
Enforcement
13
1
If a developer carries out harbour works in respect of which consent has been refused under regulation 10 or 11 or in contravention of a condition subject to which consent was granted, the appropriate Authority may serve notice in writing on the developer requiring him, within such period (not being less than 30 days) as may be specified in the notice, to remove the works and reinstate the site or to make such alterations thereto as may be so specified, or, if it appears to the appropriate Authority urgently necessary to do so, it may itself remove or alter the works and reinstate the site.
2
If within the period specified in any notice under paragraph (1) the developer fails to comply with it, the appropriate Authority may itself remove or alter the works and reinstate the site as specified in the notice.
3
Where the appropriate Authority removes or alters works and reinstates a site under paragraph (1) or (2), it shall be entitled to recover the expense, as certified by it, from the developer.
4
If the developer no longer owns, occupies or enjoys any use of the harbour works when the appropriate Authority decides to serve a notice under paragraph (1), the notice may be served on any other person who for the time being owns, occupies or enjoys any use of the harbour works, and the references to the developer in paragraph (2), and in paragraph (3) in relation to any action taken by the appropriate Authority under paragraph (2), shall in that case have effect as a reference to the person on whom the notice is served.
Penalties
14
1
A person who issues a certificate purporting to comply with regulation 7(4) which contains a statement which he knows to be false or misleading in a material particular, or who recklessly issues a certificate purporting to comply with regulation 7(4) which contains a statement which is false or misleading in a material particular shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
2
A person who fails without reasonable excuse to comply with a notice served upon him under regulation 11(1) or 12(1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
3
Where a body corporate is guilty of an offence under paragraph (1) or (2), and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of —
a
any director, manager, secretary or other similar officer of the body corporate, or
b
any person who was purporting to act in any such capacity,
he, as well as the body corporate, shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
4
For the purposes of paragraph (3), “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
5
Where an offence under these Regulations is committed in Scotland by a Scottish partnership and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
PART III
— HARBOURS ACT 1964
Amendment of the Harbours Act 1964
15
1
In section 17(1) of the Harbours Act 1964
a
for “ VII ” (in both places where it occurs) there shall be substituted “III”; and
b
“, except in paragraph 6(2),” shall be omitted.
2
At the end of section 17(2B) of the Harbours Act 1964 there shall be added —
2C
In this section and in Schedule 3 to this Act (except in paragraph 25(6)(c) of Schedule 3), references to “the Secretary of State” are to be construed, in relation to a fishery harbour in Wales, as references to the National Assembly for Wales, and in relation to Scotland, as references to the Scottish Ministers.
3
The definition of “environmental assessment” in section 57(1) of the Harbours Act 1964 shall be omitted.
4
For Schedule 3 to the Harbours Act 1964, there shall be substituted the Schedule contained in Schedule 3.
5
The enactments specified in Schedule 4 shall have effect subject to the amendments specified in that Schedule.
Signed by authority of the Secretary of State
Keith Hill
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
9th December 1999
Elliot Morley
Parliamentary Secretary Ministry of Agriculture, Fisheries and Food
13th December 1999
John Reid
Secretary of State, Scotland Office
20th December 1999
David Hanson
Parliamentary Under-Secretary of State for Wales
21st December 1999


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Kent) (Borough of Maidstone) (Amendment) (No. 2) Order 1999 and shall come into force on 1st April 1999.
Interpretation
2
In this Order “the principal order” means the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Kent) (Borough of Maidstone) Order 1997 .
Amendment of the principal order
3
1
The principal order shall be amended as follows.
2
Article 3 shall be omitted.
3
In article 4 for the words “the area to which this order applies in accordance with article 3 above” there shall be substituted “the Borough of Maidstone”.
4
Schedules 1 and 2 shall be omitted.
Signed by authority of the Secretary of State
Glenda Jackson
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
8th March 1999


text:
Citation and commencement
1
These Regulations may be cited as the Police (Retention and Disposal of Items seized under section 60 of the Criminal Justice and Public Order Act 1994) Regulations 1999 and shall come into force on 1st March 1999.
Interpretation
2
In these Regulations–
“owner” in relation to an item to which regulation 3 below applies means the person from whom it was seized, and “ownership” shall be construed accordingly;
“the 1994 Act ” means the Criminal Justice and Public Order Act 1994.
Retention and safe-keeping
3
1
This regulation applies to any item which has been seized by a constable under section 60 of the 1994 Act , unless it is an item of property to which the Police (Property) Regulations 1997 apply.
2
An item to which this regulation applies shall be retained by, or in accordance with arrangements made by, the chief officer of the police force of which the constable by whom it was seized is a member (or, where the constable concerned is not a member of a police force, the person who has the direction and control of the body of constables in question) for the period set out in paragraph (3) below from the date on which it was seized unless, before the end of that period, the owner of the item has been ascertained and has made an application under regulation 4 below which has been successful.
3
The period referred to in paragraph (2) above shall be 2 months in the case of an item seized under section 60(4A)(b) of the 1994 Act (items worn to conceal identity) and 6 months in the case of an item seized under section 60(6) of that Act (dangerous instruments and offensive weapons).
4
Any item to which this regulation applies and which is for the time being retained under paragraph (2) shall be kept safely and, so far as possible, in the same condition as when it was seized under section 60 of the 1994 Act.
Disposal to the owner
4
1
The owner of an item to which regulation 3 above applies may, at any time within the period referred to in paragraph (2) of that regulation, apply to the chief officer of the police force by which it is retained or, as the case may require, to the person referred to in that paragraph by whom it is retained for the item to be released to him.
2
An application under this regulation shall be made orally or in writing and shall be accompanied by evidence of ownership by the applicant.
3
Where the chief officer or other person to whom application is made under this regulation is satisfied that the applicant is the owner of the item concerned and that further retention of the item is not necessary for the purposes of any criminal proceedings he shall arrange for the item concerned to be returned to the applicant.
Disposal otherwise than to the owner and destruction
5
1
After the expiration of the period referred to in regulation 3(2) above or the determination of an unsuccessful application under regulation 4 above, whichever is the later, an item to which regulation 3 above applies shall, subject to paragraph (2) below, be destroyed or otherwise disposed of in accordance with the directions of the chief officer or other person by whom the item is retained.
2
Where further retention of such an item is, in the opinion of the chief officer or other person concerned, necessary for the purposes of criminal proceedings, the item shall be retained until he is satisfied that retention is no longer necessary and then destroyed or otherwise disposed of in accordance with his directions.
Paul Boateng
Minister of State
Home Office
5th February 1999


text:
PART I
General
Citation, commencement and interpretation
1
1
This Order, which supersedes the Land Registration Fees Order 1998 , may be cited as the Land Registration Fees Order 1999 and shall come into force on 1st October 1999.
2
In this Order unless the context otherwise requires:
“account holder” means a person or firm holding a credit account;
“ the Act ” means the Land Registration Act 1925;
“charge” includes a sub-charge;
“credit account” means an account authorised by the Registrar under article 18(2);
“Index Map section” has the same meaning as in the Land Registration (Open Register) Rules 1991 ;
“licensed conveyancer” has the same meaning as in section 11(2) of the Administration of Justice Act 1985 and includes a recognised body within the meaning of section 32(2) of that Act;
“monetary consideration” means a consideration in money or money’s worth (other than a nominal consideration or a consideration consisting solely of a covenant to pay money owing under a mortgage);
“the principal rules” means the Land Registration Rules 1925 ;
“scale fee” means a fee payable in accordance with a scale set out in Schedule 1 or 2 whether or not reduced in accordance with article 2(5);
“scale fee application” means an application which attracts a scale fee, or which would attract such a fee but for the operation of article 6;
“Schedule” means a Schedule to this Order;
“share”, in relation to land, means an interest in that land under a trust of land.
PART II
Scale fees
Applications for first registration
2
1
Subject to paragraph (5), and to article 6 (large scale applications, etc. ), the fee for an application for first registration (other than an application for first registration of title to a lease by an original lessee or his personal representative or an application for first registration of a rentcharge) shall be paid in accordance with Scale 1 in Schedule 1 on the value of the land comprised in the application determined in accordance with article 7.
2
Subject to paragraphs (3) to (5), and to article 6 (large scale applications, etc.), the fee for an application for the first registration of title to a lease (whether or not deriving from a registered freehold or leasehold title) by the original lessee or his personal representative shall be paid in accordance with Scale 1 in Schedule 1 on an amount calculated in accordance with the following formula:
A = P + (10 × R)
where A is the amount on which the fee is to be paid, P is the amount or value of any monetary consideration given by the lessee as part of the same transaction by way of fine, premium or otherwise, and R is the largest ascertainable amount of annual rent reserved by the lease.
3
Where, in an application to which paragraph (2) applies, no monetary consideration is given by the lessee as part of the same transaction by way of fine, premium or otherwise and:
a
no annual rent is reserved; or
b
the annual rent reserved cannot be ascertained at the time the application is made,
a fee shall be paid in accordance with Scale 1 in Schedule 1 on the value of the lease determined in accordance with article 7, subject to the minimum fee being £40.
4
Where, in an application to which paragraph (2) applies, the monetary consideration given by the lessee as part of the same transaction by way of fine, premium or otherwise consists of or includes the surrender of a registered lease of substantially the same premises as are comprised in the lease to be registered, the formula referred to in paragraph (2) shall apply for the purpose of calculating the amount on which the fee is to be paid as if P did not include the value of the surrendered lease.
5
In the case of an application for first registration which is not made in pursuance of section 123A(2) of the Act (compulsory registration: requirement to register) in relation to any of the land comprised in the application the fee otherwise payable in accordance with this article or article 6(2) (fees for large scale applications) shall be reduced by 25 per cent, provided that where the fee so reduced would be a figure which includes pence, the fee may be rounded down to the nearest £1.
Transfers of registered land for monetary consideration, etc.
3
1
Subject to paragraphs (2) and (3) , and to article 4(1)(h) (transfer of matrimonial home pursuant to an order of the Court) and article 6 (large scale applications, etc.), the fee for an application for the registration of:
a
a transfer of registered land for monetary consideration;
b
a transfer for the purpose of giving effect to a disposition for monetary consideration of a share in registered land;
c
a surrender of a registered lease for monetary consideration (whether effected by deed or otherwise), other than a surrender to which paragraph (4) of Schedule 4 applies;
shall be paid in accordance with Scale 1 in Schedule 1 on the amount or value of the consideration.
2
Where a sale and sub-sale of land are effected by separate instruments of transfer, a separate fee shall be payable in respect of each transfer.
3
Where a single instrument of transfer gives effect to a sale and a sub-sale of the same land a single fee shall be assessed upon the greater of the monetary consideration given by the purchaser or the monetary consideration given by the sub-purchaser in respect of that land.
4
The fee for an application to cancel an entry in the register of notice of an unregistered lease which has determined on merger, surrender or otherwise shall be paid in accordance with Scale 1 in Schedule 1 on the value thereof immediately prior to its determination.
Transfers otherwise than for monetary consideration, etc.
4
1
Subject to paragraphs (2) and (3), to article 6 (large scale applications, etc.) and to paragraph (9) of Schedule 4 (applications to which section 145(2) of the Act applies), the fee for an application for the registration of:
a
a transfer of registered land otherwise than for monetary consideration;
b
a surrender of a registered lease otherwise than for monetary consideration (whether effected by a deed or otherwise);
c
a transmission of registered land on death or bankruptcy;
d
an assent of registered land (including a vesting assent);
e
an appropriation of registered land;
f
a vesting order or declaration made under section 47 of the Act;
g
a rectification of the register;
h
a transfer of a matrimonial home (being registered land) made pursuant to an order of the Court;
shall be paid in accordance with Scale 2 in Schedule 2 on the value of the land which is the subject of the dealing, determined in accordance with article 8, but after deducting therefrom the amount secured upon the land by any charge subject to which the registration takes effect.
2
Where a transfer falling within paragraph (1)(a) is one for the purpose of giving effect to the disposition of a share in registered land the fee for an application for its registration shall be paid in accordance with Scale 2 in Schedule 2 on the value of that share.
3
In the case of rectification of the register:
a
if it appears to the Registrar that the fee is excessive, he may reduce it; and
b
if it appears to him unreasonable that the applicant should be required to pay a fee, he may waive it.
Charges of registered land
5
1
Subject to paragraphs (5) and (6), and to article 6 (large scale applications, etc.), the fee for an application for the registration of a charge shall be paid in accordance with Scale 2 in Schedule 2 on the amount of the charge determined in accordance with article 9.
2
Subject to article 6 (large scale applications, etc.), the fee for an application for the registration of:
a
the transfer of a charge for monetary consideration; or
b
a transfer for the purpose of giving effect to the disposition for monetary consideration of a share in a registered charge;
shall be paid in accordance with Scale 2 in Schedule 2 on the amount or value of the consideration.
3
Subject to article 6 (large scale applications, etc.) and to paragraph (9) of Schedule 4 (applications to which section 145(2) of the Act applies), the fee for an application for the registration of the transfer of a registered charge otherwise than for monetary consideration shall be paid in accordance with Scale 2 in Schedule 2 on the amount secured by the registered charge at the time of the transfer or, where the transfer relates to more than one charge, the aggregate of the amounts secured by the registered charges at the time of the transfer.
4
Subject to article 6 (large scale applications, etc.) and to paragraph (9) of Schedule 4 (applications to which section 145(2) of the Act applies), the fee for an application for the registration of a transfer for the purpose of giving effect to the disposition otherwise than for monetary consideration of a share in a registered charge shall be paid in accordance with Scale 2 in Schedule 2 on a proportionate part of the amount secured by the registered charge at the time of the transfer or, where the transfer relates to more than one charge, a proportionate part of the aggregate of the amounts secured by the registered charges at the time of the transfer.
5
Subject to paragraphs (6) and (7), where a scale fee application (“the primary application”) is made that will, when completed, result in a person (“the applicant”) becoming registered as the proprietor of particular registered land or of one or more registered charges, no fee shall be payable for the registration of a charge by the applicant (or, where the primary application is for the first registration of title to land, by a predecessor in title of the applicant) which charges the registered land or the registered charge or charges which are the subject of the primary application provided the charge by the applicant either accompanies the primary application or is lodged for registration before the primary application is completed.
6
Where a charge by an applicant referred to in paragraph (5) also charges property (“the additional property”) which comprises land or, as the case may be, one or more registered charges, not being property which is the subject of the primary application referred to in paragraph (5), that paragraph shall not extend to the additional property so that a fee shall be paid in accordance with Scale 2 in Schedule 2 for the registration of the charge by the applicant in respect of the additional property on an amount calculated in accordance with the following formula:
A = V A × C V c
where A is the amount on which the fee is payable, V A is the value or amount of the additional property, V C is the value of all the property comprised in the charge and C is the amount of the charge determined in accordance with article 9.
7
In the case of an application to which article 2(5) (voluntary registration: reduced fees) applies, paragraph (5) applies only to a charge which accompanies the primary application.
Large scale applications, etc.
6
1
In this article:
a
“large area application” means an application falling within article 2 (first registration of land; first registration of title to a lease) which comprises land having an area or aggregate area exceeding 100 hectares;
b
“large scale application” means a scale fee application which relates to not fewer than 20 land units, other than–
i
a large area application;
ii
a low value application; or
iii
an application to register a charge to which article 5(5) applies, except to the extent that it relates to additional land within the meaning of article 5(6);
c
“low value application” means a scale fee application, other than an application falling within article 2 (applications for first registration), where the value of the land, or the amount of the charge, to which it relates (as the case may be) does not exceed £30,000;
d
“land unit” means:
i
where the land is unregistered, a separate area of land not adjoining any other unregistered land comprised in the same application;
ii
where the land is registered, the land registered under a single title number.
2
Subject to article 2(5) (voluntary registration: reduced fees), the fee for a large scale application shall be whichever is the greater of:
a
the amount payable in respect of the application under article 2, 3, 4 or 5, as the case may be; or
b
a fee calculated on the following basis–
i
where the application relates to not more than 500 land units, £10 for each land unit to which it relates;
ii
where the application relates to more than 500 land units, £5,000 plus £5 for each land unit to which it relates in excess of 500 land units,
provided that the fee shall in no case exceed £40,000.
3
If, having regard to the extent of the land comprised in a large area application, the Registrar considers that the cost of the work involved in dealing with that application would substantially exceed the scale fee otherwise payable, such additional fee shall be payable as the Registrar shall direct as appropriate not exceeding the excess cost of the work involved.
PART III
Valuation
Valuation (first registration)
7
1
In the case of an application to which article 2(1) applies (first registration of title to land otherwise than by the original grantee under a lease or his personal representatives) made within one year of a sale (other than an exchange, whether or not money is paid for equality, or the sale of a share only in the land) the value of the land shall be taken to be the amount of the monetary consideration given together with the amount outstanding at the time of the purchase under any charge or mortgage subject to which the land was purchased.
2
In the case of an application:
a
to which article 2(1) applies, other than one falling within paragraph (1); or
b
to which article 2(3) applies,
the value of the land or lease (as the case may be) shall be ascertained by the Registrar at such sum as in his opinion it would fetch if sold in the open market at the date of the application free from any charge or mortgage.
3
As evidence of such value the Registrar may require a statement in writing, signed by the applicant or his solicitor or licensed conveyancer or by any other person who, in the Registrar’s opinion, is competent to make such statement.
4
Where an application for first registration is made on the purchase of a leasehold estate by the reversioner or of a reversion by the leaseholder or on any other like occasion and determination of an unregistered interest, by way of merger, surrender or otherwise, takes place, the value of the land shall be the combined value of the reversionary and determined interests assessed in accordance with paragraphs (1) to (3).
Valuation (registered land)
8
1
Where the value of the land in a registered title falls to be determined under this Order it shall be ascertained by the Registrar at such sum as in his opinion the land would fetch if sold in the open market free from any charge or mortgage:
a
in the case of a surrender at a date immediately prior to the surrender;
b
in any other case at the date of the application.
2
As evidence of such value the Registrar may require a statement in writing, signed by the applicant or his solicitor or licensed conveyancer or by any other person who, in the Registrar’s opinion, is competent to make such a statement.
Valuation (charges)
9
1
Subject to paragraph (5), where the amount of a charge falls to be determined under this Order it shall be taken to be:
a
in the case of a charge to secure a fixed amount, the amount secured by the charge;
b
in the case of a charge to secure further advances, where the total amount of the advances or of the money to be owing at any one time is in any way limited, the amount so limited;
c
in the case of a charge to secure further advances, where the total amount of the advances or of the money to be owing at any one time is in no way limited, an amount equal to the value of the registered land comprised in the charge after deducting therefrom the amount secured on it by any prior registered charge.
2
Where a charge of a kind referred to in paragraph (1)(a) or (1)(b) is secured on unregistered land or other property as well as on registered land, the fee in accordance with article 5 shall be payable on an amount calculated in accordance with the following formula:
A = V R × C V c
where A is the amount on which the fee is payable, V R is the value of the registered land, V C is the value of all the property comprised in the charge, and C is the amount of the charge determined in accordance with paragraph (1).
3
The fee for the registration of a charge by way of additional or substituted security or by way of guarantee shall be payable on the lesser of:
a
the amount secured or guaranteed; or
b
the value of the land after deducting the amount secured on the land by any prior registered charge.
4
Subject to paragraph (5), the fee for the registration of a charge to secure an obligation or liability which is contingent upon the happening of a future event (not being a charge falling within paragraph (3)) shall be payable on the value of the land after deducting the amount secured on the land by any prior registered charge.
5
If in relation to a charge to which paragraph (4) applies, the maximum amount or value of the obligation or liability which may arise is in any way limited under the charge and is capable of being ascertained at the time of the application to register the charge then the fee shall be payable on that amount or value, if less than the value of the land after deducting the amount secured on the land by any prior registered charge.
6
For the purpose of this Order, where two or more charges are contained in the same instrument and secure the same debt, the instrument shall be treated as creating a single charge by the chargor (or where there is more than one chargor, a single separate charge by each of the chargors) the amount of the charge (or the charge by each chargor) being equal to the lesser of:
a
the whole debt; or
b
the value of the registered land charged by that chargor after deducting therefrom the amount secured on it by any prior registered charge.
PART IV
Fixed Fees and Exemptions
Fixed fees
10
1
Subject to paragraphs (3) and (4), the fees for the applications and services specified in Schedule 3 shall be those set out in that schedule.
2
The fee for an application in Form 112A, Form 112B or Form 112C in Schedule 1 to the Land Registration (Open Register) Rules 1991 shall be the aggregate of the fees payable for the services provided, save that the maximum fee for any one application shall be £200.
3
The Registrar may, if he thinks fit, waive any fee or part of a fee or any category of fee payable under this article.
4
If, having regard to the extent of the land to which an application for a search of the Index Map relates, the Registrar considers that the cost of the work involved in dealing with that application would substantially exceed any fee otherwise payable under this Order, such additional fee shall be payable as the Registrar shall direct as appropriate to cover the excess cost of the work involved.
5
Notification of the additional fee shall be given to the applicant and, if he then elects to withdraw his application, no fee shall be payable.
Exemptions
11
No fee shall be payable in respect of any of the applications and services specified in Schedule 4.
PART V
General and Administrative Provisions
Refund of fees
12
1
Where an amount exceeding the prescribed fee has been paid, there shall be refunded any excess remaining after the deduction, if the Registrar so directs, of an amount not exceeding £10 in respect of the cost of repayment.
2
Where the person or firm lodging the application is an account holder, any amount to be refunded under paragraph (1) may at the discretion of the Registrar be repaid to the account holder by crediting the amount to the account holder’s credit account.
3
Subject to article 10(5), if any application is cancelled or withdrawn no part of the fee therefor shall be refunded unless the Registrar so directs.
Cost of advertisements and special enquiries
13
If in the course of dealing with any application the Registrar directs publication of an advertisement or any other special enquiry, the costs so incurred shall be defrayed by the applicant unless the Registrar directs to the contrary.
Fixed boundaries
14
Where application is made for the boundaries of land to be noted on the register as fixed under rule 277 of the principal rules such fee shall be charged as the Registrar may consider necessary to cover the cost of any examination of title, enquiries, mapping, surveying, notices or other work involved.
Special expedition
15
Where application for special expedition in connection with an application is granted, such further fee, being not less than £40, shall be payable as the Registrar shall direct having regard to the special work involved.
Applications not otherwise referred to
16
Upon an application for which no other fee is payable under this Order and which is not exempt from payment, there shall be paid such fee (if any) not exceeding a fee in accordance with Scale 1 in Schedule 1 on the value of the land or on the amount of the charge as the Registrar shall direct having regard to the work involved.
Method of payment
17
Fees payable under this Order shall be collected in money and, subject to article 18:
a
every fee shall, except where the Registrar otherwise permits, be paid by means of a cheque or postal order crossed and made payable to H.M. Land Registry;
b
where the amount of the fee payable on an application is immediately ascertainable, the fee shall be payable on delivery of the application;
c
where the amount of the fee payable on an application is not immediately ascertainable, on delivery of the application there shall be paid on account of the fee such sum, being not less than the minimum fee payable in accordance with Scale 1 in Schedule 1, as the applicant may reasonably estimate to be the fee payable and there shall be lodged therewith an undertaking to pay on demand the balance of the fee due, if any.
Credit accounts
18
1
In this article “credit limit” in relation to a credit account authorised for use under paragraph (2) means the maximum amount (if any) which is to be due on the account at any time, as notified by the Registrar to the account holder from time to time, by such means of communication as the Registrar considers appropriate.
2
Any person or firm may, if authorised by the Registrar, use a credit account in accordance with this article for the purpose of the payment of fees for applications and services of such kind as the Registrar shall from time to time direct.
3
For the purpose of enabling the Registrar to consider whether or not a person or firm seeking to use a credit account may be authorised to use such an account, that person or firm shall furnish to the Registrar such information and evidence as the Registrar may require to satisfy him of the person or firm’s fitness to hold a credit account and the ability of the person or firm to pay any amounts which may become due from time to time under a credit account, if authorised.
4
For the purpose of enabling the Registrar to consider from time to time whether or not an account holder may continue to be authorised to use a credit account, the account holder shall furnish to the Registrar from time to time, when requested to do so by the Registrar, such information and evidence as the Registrar may require to satisfy him of the account holder’s continuing fitness to hold a credit account and the continuing ability of the account holder to pay any amounts which may become due from time to time under the account holder’s credit account.
5
Where an account holder makes an application in respect of which credit facilities are available, he may make a request, in such manner as the Registrar shall direct, for the appropriate fee to be debited to the account holder’s credit account, but the Registrar shall not be required to accept such a request where the amount due on the account exceeds the credit limit applicable to the credit account, or would exceed it if the request were to be accepted.
6
Where a person or firm having a credit account makes an application in respect of which credit facilities are available but which is not accompanied by any fee and does not contain a request for the fee to be debited to such account, the Registrar may debit the fee to that person’s or that firm’s credit account.
7
A statement of account shall be sent by the Registrar to each account holder at the end of each calendar month or such other period as the Registrar shall direct either in any particular case or generally.
8
On receipt of the statement the account holder shall pay by cheque any sum due on his credit account forthwith.
9
Cheques shall be crossed and made payable to H.M. Land Registry and sent to the Accounts Section, H.M. Land Registry, Burrington Way, Plymouth PL5 3LP or at such other address as the Registrar shall direct.
10
The Registrar may at any time and without giving reasons terminate or suspend any or all authorisations given under paragraph (2).
Irvine of Lairg, C.
Dated 28th July 1999
Clive Betts
David Jamieson
Two of the Lord Commissioners of Her Majesty’s Treasury
Dated 28th July 1999


text:
Citation and commencement
1
This Order may be cited as the Merton and Sutton Community, the Richmond, Twickenham and Roehampton Healthcare and the Wandsworth Community Health National Health Service Trusts (Dissolution) Order 1999 and shall come into force on 1st April 1999.
Dissolution of NHS trusts
2
1
The Merton and Sutton Community National Health Service Trust established by the Merton and Sutton Community National Health Service Trust (Establishment) Order 1992 shall be dissolved on 1st April 1999, and accordingly that Order revoked on that date.
2
The Richmond, Twickenham and Roehampton Healthcare National Health Service Trust established by the Richmond, Twickenham and Roehampton Healthcare National Health Service Trust (Establishment) Order 1992 shall be dissolved on 1st April 1999, and accordingly that Order revoked on that date.
3
The Wandsworth Community Health National Health Service Trust established by the Wandsworth Community Health National Health Service Trust (Establishment) Order 1993 shall be dissolved on 1st April 1999, and accordingly that Order revoked on that date.
Signed by authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
15th March 1999


text:
Citation and commencement
1
These Regulations may be cited as the Employer’s Contributions Re-imbursement Amendment Regulations 1999 and shall come into force on 8th March 1999.
Amendment of the Employer’s Contributions Re-imbursement Regulations 1996
2
In regulations 5(1)(a) and 6(1)(a) of the Employer’s Contributions Re-imbursement Regulations 1996 (deductions from employer’s contributions payments and deductions from employer’s contributions payments where a mariner’s earnings are paid for a voyage period respectively) after “13 weeks”, insert “commencing on or before 31st March 1999”.
Signed by authority of the Secretary of State for Social Security.
Stephen C. Timms
Minister of State,
Department of Social Security
9th February 1999


text:
Citation and commencement
1
These Regulations may be cited as the Local Government (Discretionary Payments) (Amendment No. 2) Regulations 1999 and shall come into force on 10th September 1999, but regulation 2 shall have effect from 1st April 1998, paragraph (2)(a) of regulation 3 shall have effect from 1st April 1999 and paragraphs (2)(b) to (6) of regulation 3 shall have effect from 1st September 1999.
General interpretation
2
In regulation 2(1) of the Local Government (Discretionary Payments) Regulations 1996 (“the 1996 Regulations ”), in the definition of “employing authority” after “Schedule 2 of the LGPS Regulations (Scheme employers)” add “or a resolution body specified in regulation 4 of the LGPS Regulations”.
Persons employed in educational establishments
3
1
In Schedule 2 to the 1996 Regulations (modifications for special categories of employees), Part II (persons employed in educational establishments) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph 2–
a
in sub-paragraph (a), for “Chapter III of Part I of the Education Act 1988” substitute “Chapter IV of Part II of the School Standards and Framework Act 1998 ”; and
b
delete sub-paragraph (c).
3
In paragraph 4 for “an aided school (within the meaning of the Education Act 1944)” substitute “a voluntary, foundation or foundation special school (within the meaning of section 20 of the School Standards and Framework Act 1998)”.
4
In paragraph 5(2)(a) delete “, (c)”.
5
In paragraph 7–
a
in sub-paragraph (2), delete paragraph (b); and
b
delete sub-paragraph (3).
6
For paragraph 8(a) substitute–
a
a person is employed (otherwise than as a teacher) by the governing body of a voluntary, foundation or foundation special school (within the meaning of section 20 of the School Standards and Framework Act 1998); and
.
Retrospective effect
4
Nothing in these Regulations shall place any individual who is qualified to participate in the benefits for which the 1996 Regulations provide in a worse position than he would have been in if regulations 2 and 3 had been framed so as to have effect only from the date of their making.
Signed by authority of the Secretary of State
Gus Macdonald
Minister of State,
Department of the Environment, Transport and the Regions
13th August 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as The East Midlands Ambulance Service National Health Service Trust (Establishment) Order 1999 and shall come into force on 1st April 1999.
2
In this Order, unless the context otherwise requires–
“ the Act ” means the National Health Service and Community Care Act 1990;
“the trust” means the East Midlands Ambulance Service National Health Service Trust established by article 2 of this Order.
Establishment and name of the trust
2
There is hereby established an NHS trust which shall be called the East Midlands Ambulance Service National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1)(b) of the Act.
2
The trust’s functions shall be:–
a
to provide and manage ambulance and associated transport services; and
b
to provide and manage such other services (including communications and training) relating to the provision of care as can reasonably be carried out in conjunction with the management of ambulance and associated transport services from Ambulance Headquarters at Beechdale Road, Nottingham NG8 3LL, and from other establishments or facilities in Derbyshire, Leicestershire, Nottinghamshire and Rutland.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1999.
2
The accounting date of the trust shall be 31st March.
Restriction on disposal of assets
6
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
19th March 1999


text:
Commencement and citation
1
This Order may be cited as The A40 Trunk Road (Ealing) Red Route Traffic Order 1995 Variation Order 1999, and shall come into force on 25th January 1999.
Variations
2
The A40 Trunk Road (Ealing) Red Route Traffic Order 1995 is varied by the following provisions of this Order.
3
In schedule 1, the following item is added:
4
The slip road linking A40 Western Avenue with Argyle Road, between a point 56 metres east of the party wall of 1 and 1a Central Parade, Western Avenue and a point 99 metres west of the western flank wall of 5 Central Parade.
4
In schedule 2B, the following item is added:
1. The slip road linking A40 Western Avenue with Argyle Road, the south side, between a point 17 metres east of the party wall of 1 and 1a Central Parade and a point 13 metres west of the western flank wall of 5 Central Parade. 7am to 7pm 20 mins 40 mins
5
In schedule 4, the following items are added:
4
The slip road linking A40 Western Avenue with Argyle Road, the north side, between a point 56 metres east of 1 and 1a Central Parade and a point 99 metres west of the western flank wall of 5 Central Parade.
5
The slip road linking A40 Western Avenue with Argyle Road, the south side, between a point 56 metres east of the party wall of 1 and 1a Central Parade and a point 17 metres east of the same party wall.
6
The slip road linking A40 Western Avenue with Argyle Road, the south side, between a point 13 metres west of the western flank wall of 5 Central Parade and a point 99 metres west of the same flank wall.
Signed in accordance with a direction from the Secretary of State
Derek Turner
Traffic Director for London
11th January 1999