text:
Title and commencement
1
This Order may be cited as the Third Country Fishing (Enforcement) Order 1999 and shall come into force on 18th March 1999.
Interpretation
2
1
In this Order “a relevant Community provision” means a provision of a regulation of the European Community referred to in column 1 of the Schedule to this Order which is specified in column 2 thereof, opposite the reference to that regulation.
2
In this Order any reference to a logbook or other document includes, in addition to a logbook or document in writing–
a
any map, plan, graph or drawing;
b
any photograph;
c
any disk, tape, sound track or other device in which sounds or other data are recorded so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; and
d
any film (including microfilm), negative, tape, disk or other device in which one or more visual images are recorded so as to be capable (as aforesaid) of being reproduced therefrom.
Offences
3
Where there is, in respect of any fishing boat to which a relevant Community provision applies, a contravention of, or failure to comply with, that provision within British fishery limits, the master, the owner and the charterer (if any) of that boat shall each be guilty of an offence.
Penalties
4
1
A person guilty of an offence under article 3 of this Order founded on a contravention of, or failure to comply with, a relevant Community provision, shall be liable–
a
on summary conviction to a fine not exceeding the amount specified in the appropriate entry in column 4 of the Schedule to this Order; or
b
on conviction on indictment to a fine.
2
A person guilty of an offence under article 3 of this Order founded on a contravention of, or failure to comply with–
a
a relevant Community provision to which paragraph (3) below applies shall also be liable–
i
to the forfeiture of any net or other fishing gear in respect of which the offence was committed, or which was used in committing the offence, or which was used for catching any fish in respect of which the offence was committed; and
ii
to the forfeiture of any fish in respect of which the offence was committed, or, on summary conviction only, to a fine not exceeding the value of any fish in respect of which the offence was committed; or
b
a relevant Community provision to which paragraph (4) below applies shall also be liable to the forfeiture of any fish in respect of which the offence was committed, or, on summary conviction only, to a fine not exceeding the value of any fish in respect of which the offence was committed.
3
This paragraph applies to Articles 1, 2(1), 3(1) and 4 of the Council Regulation referred to in paragraph 1 of the Schedule to this Order and Articles 1, 2(1) and 3(1) of the Council Regulation referred to in paragraph 2 of the Schedule to this Order.
4
This paragraph applies to Article 2(2) of the Council Regulation referred to in paragraph 1 of the Schedule to this Order and Article 2(2) of the Council Regulation referred to in paragraph 2 of the Schedule to this Order.
Recovery of fines
5
1
Where a fine is imposed by a magistrates' court in England and Wales or Northern Ireland on the master or a member of the crew of a fishing boat who is convicted by the court of an offence under article 3 or 10 of this Order, the court may–
a
issue a warrant of distress against the boat and its gear and catch and any property of the person convicted for the purpose of levying the amount of the fine; and
b
order the boat to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid or the amount of the fine is levied in pursuance of any such warrant, whichever occurs first.
2
Where a fine is imposed by a sheriff in Scotland on the master or a member of the crew of a fishing boat who is convicted by the sheriff of an offence under article 3 or 10 of this Order, the sheriff may–
a
issue a warrant for the arrestment and sale of the boat and its gear and catch and any property of the person convicted; and
b
order the boat to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid, whichever occurs first.
3
Sections 77(1) and 78 of the Magistrates' Courts Act 1980 (postponement of issue of, and defects in, warrants of distress) shall apply to a warrant of distress issued under this article in England and Wales as they apply to a warrant of distress issued under Part III of that Act.
4
Articles 114(2) and 154 of the Magistrates' Courts (Northern Ireland) Order 1981 (postponement of issue of and stay of execution of certain warrants and objections as to want of form or variance between complaint etc. and evidence adduced) shall apply to a warrant of distress issued under this article in Northern Ireland as it applies to a warrant referred to in those articles.
Powers of British sea-fishery officers in relation to fishing boats
6
1
For the purpose of enforcing the provisions of article 3 of this Order a British sea-fishery officer may exercise the powers conferred by paragraphs (2) to (4) of this article in relation to any fishing boat to which a relevant Community provision applies, which is within British fishery limits.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and may require the boat to stop and do anything else which will facilitate either the boarding of, or the disembarkation from, the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) of this article and, in particular–
a
may search for fish or fishing gear on the boat and may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to any fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession;
c
for the purpose of ascertaining whether an offence has been committed under article 3 of this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search including rendering all documents on the boat’s computer systems into a visible and legible form;
d
inspect and take copies of any such document produced to him or found on board and, where any such document is kept by means of a computer, require it to be produced in a form in which it may be taken away; and
e
where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in sub-paragraph (e) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that an offence under article 3 of this Order has at any time been committed, he may–
a
require the master of the boat in relation to which the offence took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
Powers of British sea-fishery officers on land
7
1
For the purpose of enforcing the provisions of article 3 of this Order, any British sea-fishery officer may–
a
enter and inspect at any reasonable time any premises used for carrying on any business in connection with the operation of fishing boats or activities connected therewith or ancillary thereto or with the treatment, storage or sale of sea fish;
b
take with him such other persons as appear to him to be necessary and any equipment or materials;
c
examine any fish on the premises and require persons on the premises to do anything which appears to him to be necessary for facilitating the examination;
d
carry out at such premises such other inspections or tests as may reasonably be necessary.
e
require any person not to remove or cause to be removed any fish from such premises for such a period as may be reasonably necessary for the purposes of establishing whether an offence under article 3 of this Order has at any time been committed;
f
require any person on the premises to produce any documents which are in his custody or possession relating to the catching, landing, transportation, trans-shipment, sale or disposal of any sea fish;
g
for the purpose of ascertaining whether any person on the premises has committed an offence under article 3 of this Order, search the premises for any such document and may require any person on the premises to do anything which appears to him to be necessary for facilitating the search including rendering all documents on computer systems into a visible and legible form;
h
inspect and take copies of any such document produced to him or found on the premises and, where any such document is kept by means of a computer, require it to be produced in a form in which it may be taken away; and
i
if he has reason to suspect that such an offence has been committed, seize and detain any such document produced to him or found on the premises for the purpose of enabling the document to be used as evidence in proceedings for the offence.
2
The provisions of paragraph (1) above shall apply mutatis mutandis in relation to any land used in connection with any of the activities described in paragraph (1) above, or in respect of any vehicle which a British sea-fishery officer has reasonable cause to believe is being used to transport fisheries products, as they apply in relation to premises and, in the case of a vehicle, shall include power to require the vehicle to stop at any time and, if necessary, direct the vehicle to some other place to facilitate the inspection.
Powers of British sea-fishery officers to seize fish and fishing gear
8
1
Any British sea-fishery officer may seize–
a
any fish (including any receptacle which contains the fish) and any net or other fishing gear in respect of which he has reasonable grounds to suspect that an offence under article 3 of this Order founded on a contravention of, or failure to comply with, a relevant Community provision to which paragraph (2) below applies has been committed;
b
any fish (including any receptacle which contains the fish) in respect of which he has reasonable grounds to suspect that an offence under article 3 of this Order founded on a contravention of, or failure to comply with, a relevant Community provision to which paragraph (3) below applies has been committed.
2
This paragraph applies to Articles 1, 2(1), 3(1) and 4 of the Council Regulation referred to in paragraph 1 of the Schedule to this Order and Articles 1, 2(1) and 3(1) of the Council Regulation referred to in paragraph 2 of the Schedule to this Order.
3
This paragraph applies to Article 2(2) of the Council Regulation referred to in paragraph 1 of the Schedule to this Order and Article 2(2) of the Council Regulation referred to in paragraph 2 of the Schedule to this Order.
Protection of officers
9
An officer or a person assisting him by virtue of article 6(2) or 7(1)(b) of this Order shall not be liable in any civil or criminal proceedings for anything done in the purported exercise of the powers conferred on him by articles 6 to 8 of this Order if the court is satisfied that the act was done in good faith, that there were reasonable grounds for doing it and that it was done with reasonable skill and care.
Obstruction of officers
10
Any person who–
a
fails without reasonable excuse to comply with any requirement imposed by a British sea-fishery officer under the powers conferred on British sea-fishery officers by articles 6 and 7 of this Order; or
b
without reasonable excuse prevents, or attempts to prevent, any other person from complying with any such requirement; or
c
assaults an officer who is exercising any of the powers conferred on British sea-fishery officers by articles 6 to 8 of this Order or intentionally obstructs any such officer in the exercise of any of those powers,
shall be guilty of an offence and liable–
i
on summary conviction to a fine not exceeding the statutory maximum; or
ii
on conviction on indictment to a fine.
Proceedings
11
Proceedings for an offence under this Order may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.
Admissibility in evidence of logbooks and other documents
12
Any logbook or other document kept on board or held in pursuance of a relevant Community provision shall, in any proceedings for an offence under this Order–
a
in England, Wales or Northern Ireland, be evidence of the matters stated therein; and
b
in Scotland, be received in evidence without being produced or sworn to by any witness and shall be sufficient evidence of the matters stated therein.
Revocation
13
The Third Country Fishing (Enforcement) Order 1998 is hereby revoked.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
22nd February 1999
Calum MacDonald
Parliamentary Under Secretary of State, Scottish Office
23rd February 1999
Signed by authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under Secretary of State, Welsh Office
22nd February 1999
Marjorie Mowlam
Secretary of State for Northern Ireland
21st February 1999


type: legislation

jurisdiction: UK

text:
Commencement and citation
1
This Order may be cited as The A1 Trunk Road (Barnet) Red Route (Speed Limit) Experimental Traffic Order 1999 Revocation Order 1999, and shall come into force on 7th January 2000.
Revocation
2
The A1 Trunk Road (Barnet) Red Route (Speed Limit) Experimental Traffic Order 1999 is hereby revoked.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
20th December 1999


text:
Title and commencement
1
This Order may be cited as the Bass (Specified Areas) (Prohibition of Fishing) (Variation) Order 1999 and shall come into force on 15th February 1999.
Variation of the Bass (Specified Areas) (Prohibition of Fishing) Order 1990
2
1
The Bass (Specified Areas) (Prohibition of Fishing) Order 1990 shall be varied in accordance with the following paragraphs of this article.
2
In article 2 (prohibition) after the words “( Dicentrarchus labrax )” there shall be inserted the following words–
, or fishing for any species of sea-fish using sand-eels ( Ammodytidae ) as bait,
.
3
For the Schedule there shall be substituted the Schedule set out in the Schedule to this Order.
Revocation
3
The Bass (Specified Areas) (Prohibition of Fishing) (Variation) Order 1992 is hereby revoked.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
12th January 1999
Sewel
Parliamentary Under Secretary of State, Scottish Office
14th January 1999
Signed by authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under Secretary of State, Welsh Office
12th January 1999
Marjorie Mowlam
Secretary of State for Northern Ireland
12th January 1999


text:
1
1
This Order may be cited as the Northern Ireland Act 1998 (Commencement No. 5) Order 1999.
2
In this Order, “the 1998 Act ” means the Northern Ireland Act 1998.
2
A provision of the 1998 Act referred to in the Schedule to this Order shall come into force on 2nd December 1999.
Peter Mandelson
One of Her Majesty’s Principal Secretaries of State
Northern Ireland Office
30th November 1999


text:
Citation, commencement and duration
1
1
These Regulations may be cited as the Social Security (New Deal Pilot) Amendment Regulations 1999 and shall come into force on 1st April 1999.
2
These Regulations shall cease to have effect on 29th November 1999, unless revoked with effect from an earlier date.
Amendment of the Social Security (New Deal Pilot) Regulations 1998
2
1
The Social Security (New Deal Pilot) Regulations 1998 shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 11 (scope of Part III), for the number “17” there shall be substituted the number “18”.
3
For regulation 12(1) (definition of “training allowance”), there shall be substituted the following paragraph–
1
The definition of “training allowance” in each of the regulations specified in paragraph (2) below (which are interpretation provisions) shall be modified in its application to persons to whom this Part applies as if at the end there were added the words–
nor does it include any top-up payment made to a person (“the participant”) pursuant to–
section 2 of the Employment and Training Act 1973 in respect of the participant’s participation in the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 1998 in regulation 2(1) of those Regulations (“the intensive activity period”); or
a written arrangement entered into between the Secretary of State and the person who has arranged for the participant’s participation in the intensive activity period and which is made in respect of the participant’s participation in that period.
.
4
In regulation 16(1) (income to be disregarded)–
a
in the first paragraph of the modifications added by that regulation, the words from “but this paragraph” to the end of that paragraph shall be omitted;
b
for the second paragraph of the modifications added by that regulation, there shall be substituted the following paragraph–
Any top-up payment made to a person (“the participant”) pursuant to–
section 2 of the Employment and Training Act 1973 in respect of the participant’s participation in the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 1998 in regulation 2(1) of those Regulations (“the intensive activity period”); or
a written arrangement entered into between the Secretary of State and the person who has arranged for the participant’s participation in the intensive activity period and which is made in respect of the participant’s participation in that period.
.
5
For the second paragraph of the modifications added by regulation 17(1) (capital to be disregarded), there shall be substituted the following paragraph–
Any top-up payment made to a person (“the participant”) pursuant to–
section 2 of the Employment and Training Act 1973 in respect of the participant’s participation in the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 1998 in regulation 2(1) of those Regulations (“the intensive activity period”); or
a written arrangement entered into between the Secretary of State and the person who has arranged for the participant’s participation in the intensive activity period and which is made in respect of the participant’s participation in that period,
but only for the period of 52 weeks beginning on the date of receipt of the payment.
.
6
After regulation 17, there shall be added the following regulation–
Self-employment route of the intensive activity period of the New Deal pilots for 25 plus
18
1
Both regulation 102A of the Jobseeker’s Allowance Regulations and regulation 39A of the Income Support Regulations (which relate to participants in the self-employment route of the Employment Option of the New Deal) shall be modified in their application to persons to whom this Part applies as if–
a
regulation 102A and regulation 39A were renumbered regulation 102A(1) and regulation 39A(1) respectively;
b
for the definition of “self-employment route” in the renumbered paragraph (1) there was substituted the following definition–
“self-employment route” means receiving assistance in pursuing self-employed earner’s employment whilst participating in the programme known as the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 1998 in regulation 2(1) of those Regulations;
;
c
after the renumbered paragraph (1), there was added the following paragraph–
2
For the purposes of this Chapter, the last day upon which assistance is received under the self-employment route shall be the day–
a
upon which there is at least £2,000 in the participant’s special account;
b
which is 26 weeks after the day upon which the participant first received such assistance; or
c
which is the last day upon which the participant received such assistance,
whichever shall first occur.
.
2
The provisions specified in paragraph (3) shall be modified in their application to persons to whom this Part applies as if for the references to a person receiving, or having received, assistance under an employment programme specified in regulation 75(1)(a)(ii)(aa)(ii) of the Jobseeker’s Allowance Regulations , there were substituted references to a person receiving or, as the case may be, having received, assistance in pursuing self-employed earner’s employment whilst participating in the programme known as the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 1998 in regulation 2(1) of those Regulations.
3
The provisions to which paragraph (2) refers are–
a
in the Council Tax Benefit Regulations, regulation 31(7), paragraph 66 of Schedule 4 and paragraphs 7 and 55 of Schedule 5;
b
in the Disability Working Allowance Regulations, regulation 34(7), paragraph 59 of Schedule 3 and paragraphs 6 and 53 of Schedule 4;
c
in the Family Credit Regulations, regulation 31(7), paragraph 61 of Schedule 2 and paragraphs 6 and 54 of Schedule 3;
d
in the Housing Benefit Regulations, regulation 40(7), paragraph 66 of Schedule 4 and paragraphs 7 and 55 of Schedule 5;
e
in the Income Support Regulations, paragraph 64 of Schedule 9 and paragraphs 6 and 52 of Schedule 10;
f
in the Jobseeker’s Allowance Regulations, paragraph 62 of Schedule 7 and paragraphs 11 and 47 of Schedule 8.
.
Signed by authority of the Secretary of State for Social Security.
Angela Eagle
Parliamentary Under-Secretary of State,
Department of Social Security
24th March 1999


text:
PART I
PRELIMINARY
Citation and commencement
1
This Order may be cited as the Gateshead (Baltic Millennium Bridge) Order 1999 and shall come into force on 18th May 1999.
Interpretation
2
1
In this Order, unless the context otherwise requires–
“the 1965 Act ” means the Compulsory Purchase Act 1965 ;
“the 1992 Rules ” means the Transport and Works (Applications and Objections Procedure) Rules 1992;
“authorised works” means the scheduled works and any other works authorised by this Order;
“ the Authority ” means the Port of Tyne Authority;
“the book of reference” means the book of reference described in rule 7(5) of the 1992 Rules and certified by the Secretary of State as the book of reference for the purposes of this Order;
“the Borough Council ” means the Council of the Borough of Gateshead;
“the bridge” means Work No. 1 described in the Schedule to this Order;
“the City Council ” means the Council of the City of Newcastle upon Tyne;
“cycle” means a bicycle, a tricycle, or a cycle having four or more wheels, not being in any case a motor vehicle within the meaning of the Road Traffic Act 1988 ;
“the deposited plans” means the plans described in rule 7(1)(a) and (3) of the 1992 Rules and certified by the Secretary of State as the deposited plans for the purposes of this Order;
“the deposited sections” means the sections described in rule 7(2) of the 1992 Rules and certified by the Secretary of State as the deposited sections for the purposes of this Order;
“harbour master” has the same meaning as in the Port of Tyne Reorganisation Scheme 1967 Confirmation Order 1968 ;
“highway authority” has the same meaning as in the Highways Act 1980 ;
“the level of high-water” means the level of mean high-water springs;
“limits of deviation” means the limits of deviation shown on the deposited plans;
“maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace and “maintenance” shall be construed accordingly;
“maritime traffic” means vessels of any description having cause to use that part of the River Tyne in which the bridge is situated;
“the scheduled works” means the works specified in Schedule 1 to this Order;
“tidal waters” means such parts of the River Tyne as are tidal;
“tidal works” means any of the authorised works carried out in, on or over tidal waters;
“ the tribunal ” means the Lands Tribunal;
“ Trinity House ” means the Corporation of Trinity House of Deptford Strond;
“ the undertaker ” means the Borough Council; and
“vessel” means every description of vessel with or without means of propulsion of any kind and includes anything constructed or used to carry persons, goods, plant or machinery, or to be propelled or moved, on or by water, a seaplane on or in the water and a hovercraft within the meaning of the Hovercraft Act 1968 .
2
All directions, distances, lengths and points stated in any description of works or powers shall be construed as if the words “or thereabouts” were inserted after each such direction, distance, length and point.
PART II
WORKS PROVISIONS
Principal Powers
Power to construct works
3
1
The undertaker may construct and maintain the scheduled works.
2
Subject to article 4 below, the scheduled works shall be constructed in the lines or situations shown on the deposited plans and in accordance with the levels shown on the deposited sections.
3
The undertaker shall, within the limits of deviation, carry out and maintain such works for the benefit or protection of maritime traffic as may be necessary or expedient for the purposes of, in connection with, or in consequence of, the construction of the scheduled works.
4
The undertaker may, within the limits of deviation, carry out such works (of whatever nature) as may be necessary or expedient for the purposes of, or in connection with, or in consequence of, the construction of the scheduled works.
Power to deviate
4
In constructing or maintaining the authorised works, the undertaker may deviate laterally from the lines or situations shown on the deposited plans to any extent within the limits of deviation and may deviate vertically from the levels shown on the deposited sections to any extent not exceeding 3 metres upwards and to any extent downwards.
Supplemental powers
Provisions relating to the opening of the bridge
5
1
The undertaker shall open the bridge in accordance with the following provisions of this article for the purpose of facilitating navigation on the River Tyne.
2
The bridge shall be opened by the undertaker on such occasions and for such period on each such occasion as may be specified in a programme which the undertaker shall agree from time to time in advance with the Authority, the University of Newcastle upon Tyne, the Royal Navy, the Royal Yachting Association and the Territorial, Auxiliary and Volunteer Reserve Association for the North of England (for so long as each of those persons or bodies, their members or any persons whom they represent have an interest in navigating on the River Tyne beneath the bridge).
3
When agreeing the programme of openings required by paragraph (2) above the parties shall allow for the reasonable requirements of vessels navigating, or seeking to navigate, on the River Tyne and no party shall withhold agreement unreasonably.
4
Subject to paragraph (5) below, the undertaker shall also open the bridge on the date and at the time specified in a notice (whether written or not) given by the operator of any vessel which is to pass beneath the bridge, if that notice is given at least 24 hours before the day and time specified in that notice and in accordance with the requirements for giving such a notice specified in the arrangements published pursuant to paragraph (7) below.
5
Where a notice has been served pursuant to paragraph (4) above, the undertaker may delay the time at which the bridge is to be opened for up to half an hour after the time specified in that notice, if the undertaker is of the reasonable opinion that opening the bridge at the time specified in the notice would interfere unreasonably with the passage of pedestrians and cyclists over the bridge and if the undertaker has on forming that opinion forthwith notified the operator of the vessel in question of the time at which the bridge will be opened.
6
The requirement in paragraph (4) above to give at least 24 hours' notice shall not apply where, in the case of an emergency, it is necessary for a vessel to navigate beneath the bridge; but in such a case the master of the vessel shall give such notice (if any) as is practicable and paragraph (5) above shall not apply.
7
The undertaker shall publish in notices displayed in a prominent position at each end of the bridge, and in such other positions as the undertaker deems advisable in order to attract the attention of those operating vessels and of pedestrians and cyclists using the bridge, the arrangements made from time to time in relation to the opening of the bridge, including–
a
the programme agreed in accordance with paragraph (2) above;
b
the procedure for opening the bridge in accordance with paragraphs (4) to (6) above; and
c
the address and telephone number of the person to whom the notice required by paragraph (4) above is to be given.
8
No arrangements shall be published under paragraph (7) above without the consent of the Authority (which consent shall not be unreasonably withheld).
9
Without prejudice to paragraph (3) above, the arrangements published under paragraph (7) above shall be subject to any bye-laws or general directions made or given by the Authority and to any special directions given by the harbour master.
10
In this article–
“general direction” means a direction given under section 6 of the Port of Tyne Act 1989 ; and
“special direction” means a direction given under section 8 of that Act.
Provisions relating to public use of the bridge and its maintenance
6
The undertaker shall enter into such arrangements as may be necessary with the appropriate highway authorities for the purpose of ensuring that the bridge is made available for use as a highway over which the public have a right of way on cycles and a right of way on foot.
Provisions in the event of the bridge ceasing to be used by the public
7
In the event of the bridge ceasing to be used by the public (other than for the purpose of maintenance or in an emergency) and any public right of way over it being extinguished, the undertaker shall take such steps as the Authority may reasonably require to ensure the free and uninterrupted passage of maritime traffic.
Power to survey and investigate land
8
1
The undertaker may for the purposes of this Order–
a
survey or investigate any land within the limits of land to be used shown on the deposited plans;
b
without prejudice to the generality of sub-paragraph (a) above, carry out archaeological investigations on the land;
c
without prejudice to the generality of sub-paragraph (a) above, make trial holes in such positions as the undertaker thinks fit on the land to investigate the nature of the surface layer and subsoil and remove soil samples;
d
place on, leave on and remove from the land apparatus for use in connection with the survey and investigation of land and making of trial holes; and
e
enter on the land for the purpose of exercising the powers conferred by sub-paragraphs (a) to (d) above.
2
No land may be entered, or equipment placed or left on or removed from the land under paragraph (1) above, unless at least 7 days' notice has been served on every owner and occupier of the land.
3
Any person entering land under this article on behalf of the undertaker–
a
shall, if so required, before or after entering the land produce written evidence of his authority to do so; and
b
may take with him such vehicles and equipment as are necessary to carry out the survey or investigation or to make the trial holes.
4
The undertaker shall pay compensation for any damage, occasioned by the exercise of the powers conferred by this article, to the owners and occupiers of the land, such compensation to be determined, in case of dispute, under Part I of the Land Compensation Act 1961 .
5
Nothing in this article shall obviate the need to obtain scheduled monument consent under the Ancient Monuments and Archaeological Areas Act 1979 .
PART III
TEMPORARY POSSESSION OF LAND
Temporary use of land for construction of works
9
1
The undertaker may, in connection with the carrying out of the authorised works–
a
enter upon and take temporary possession, or for the purposes specified in column (1) of Schedule 2 to this Order, of the land specified in columns (2) and (3) of that Schedule; and
b
construct temporary works (including the provision of means of access) and buildings on the land.
2
Not less than 28 days before entering upon and taking temporary possession of land under this article the undertaker shall serve notice of the intended entry on the owners and occupiers of the land.
3
The undertaker may not, without the agreement of the owners of the land, remain in possession of any land under this article after the end of the period of one year beginning with the date of completion of the part of the authorised works for the purposes of which possession of the land is taken.
4
Before giving up possession of land of which temporary possession has been taken under this article, the undertaker shall remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land.
5
The undertaker shall pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the powers conferred by this article.
6
Any dispute as to a person’s entitlement to compensation under paragraph (5) above, or as to the amount of the compensation, shall be determined under Part I of the Land Compensation Act 1961.
7
Without prejudice to article 20 below, nothing in this article shall affect any liability to pay compensation under section 10(2) of the 1965 Act or under any other enactment in respect of loss or damage arising from the execution of any works, other than loss or damage for which compensation is payable under paragraph (5) above.
8
Where the undertaker takes possession of land under this article, it shall not be required to acquire the land or any interest in it.
9
The powers conferred by this article shall cease at the end of 5 years beginning on the day on which the Order comes into force but the undertaker may remain in possession of the land after the end of that period if the land was entered into and possession of it was taken before the end of that period.
10
In this article “building” includes any structure or other erection.
Temporary use of land for maintenance works
10
1
At any time during the maintenance period relating to any of the scheduled works, the undertaker may–
a
enter upon and take temporary possession of any land within the limits of deviation if such possession is reasonably required for the purpose of, or in connection with, maintaining the work or any ancillary works connected with it; and
b
construct such temporary works (including the provision of means of access) and buildings on the land as may be reasonably necessary for that purpose.
2
Paragraph (1) above shall not authorise the undertaker to take temporary possession of any building if it is for the time being occupied.
3
Not less than 28 days before entering upon and taking temporary possession of land under this article the undertaker shall serve notice of the intended entry on the owners and occupiers of the land.
4
The undertaker may only remain in possession of land under this article for so long as may be reasonably necessary to carry out the maintenance works for which possession of the land was taken.
5
Before giving up possession of land of which temporary possession has been taken under this article, the undertaker shall remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land.
6
The undertaker shall pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the powers conferred by this article.
7
Any dispute as to a person’s entitlement to compensation under paragraph (6) above, or as to the amount of the compensation, shall be determined under Part I of the Land Compensation Act 1961.
8
Without prejudice to article 20 below, nothing in this article shall affect any liability to pay compensation under section 10(2) of the 1965 Act or under any other enactment in respect of loss or damage arising from the execution of any works, other than loss or damage for which compensation is payable under paragraph (6) above.
9
Where the undertaker takes possession of land under this article, it shall not be required to acquire the land or any interest in it.
10
In this article–
a
“the maintenance period”, in relation to a scheduled work, means the period of 5 years beginning with the date on which the work is opened for use, and
b
“building” includes structure or any other erection.
PART IV
PROVISIONS RELATING TO TIDAL WORKS
Tidal works not to be executed without approval of Secretary of State
11
1
A tidal work shall not be constructed, altered, replaced or re-laid except in accordance with plans and sections approved by the Secretary of State and subject to any conditions and restrictions imposed by him before the work is begun.
2
If a tidal work is constructed, altered, replaced or re-laid in contravention of this article or of any condition or restriction imposed under this article–
a
the Secretary of State may by notice in writing require the undertaker at its own expense to remove the tidal work or any part thereof and restore the site thereof to its former condition; and if, on the expiration of a period of 30 days from the date on which the notice is served, it has failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice; or
b
if it appears to the Secretary of State urgently necessary so to do, he may remove the tidal work, or part of it, and restore the site to its former condition,
and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the undertaker.
Lights on tidal works
12
1
The undertaker shall at or near a tidal work during the whole time of the construction, extension, enlargement, alteration, replacement or relaying thereof, exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation as the Secretary of State or the Authority or as, failing agreement between them, the Secretary of State shall from time to time direct.
2
If the undertaker fails to comply with any requirement of a direction given under paragraph (1) above, it shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Provisions against danger to navigation
13
1
In the case of injury to, or destruction or decay of, a tidal work or any part thereof the undertaker shall as soon as reasonably practicable notify Trinity House and the Authority and shall lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as Trinity House or the Authority or failing agreement between them, as Trinity House may from time to time direct.
2
If the undertaker fails to notify Trinity House and the Authority as required by paragraph (1) above or to comply with any requirement of a direction under it, the undertaker shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Abatement of works abandoned or decayed
14
1
Where a tidal work is abandoned, or suffered to fall into decay, the Secretary of State or the Authority may by notice in writing require the undertaker at its own expense either to repair and restore the work or any part thereof, or to remove the work and restore the site thereof to its former condition, to such an extent and within such limits as the Secretary of State and the Authority shall agree or, failing agreement between them, as the Secretary of State thinks fit.
2
Where–
a
a work consisting partly of a tidal work and partly of works on or over land above the level of high water is abandoned or suffered to fall into decay; and
b
that part of the work on or over land above the level of high water is in such a condition as to interfere, or to cause reasonable apprehension that it may interfere, with the right of navigation or other public rights over the foreshore, the Secretary of State or the Authority may include that part of the work, or any portion thereof, in any notice under paragraph (1) above.
3
If, at the expiration of a period of 30 days starting with the date on which a notice under this article is served, the undertaker has failed to comply with the requirements of the notice, the Secretary of State or the Authority may execute the work specified in the notice and any expenditure incurred by either of them in so doing shall be recoverable from the undertaker.
Survey of tidal works
15
If either of them deems it expedient, the Secretary of State or the Authority may at any time order a survey and examination of a tidal work or of the site upon which it is proposed to construct the tidal work, and any expenditure incurred by either of them in relation to any such survey and examination shall be recoverable from the undertaker.
Permanent lights on tidal works
16
1
After the completion of a tidal work the undertaker shall at the outer extremity thereof exhibit every night from sunset to sunrise such lights, if any, and take such other steps, if any, for the prevention of danger to navigation as Trinity House or the Authority or, failing agreement between them, Trinity House may from time to time direct.
2
If the undertaker fails to comply in any respect with a direction given under this article, it shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
PART V
PROTECTIVE PROVISIONS
Protection of Port of Tyne Authority
17
1
For the protection of the Authority, the following provisions shall have effect and shall apply save as otherwise agreed in writing between the undertaker and the Authority.
2
Section 3(3)(a) of the Port of Tyne Act 1990 (which exempts works specifically authorised by any enactment from the prohibition on carrying out works without a works licence granted under that Act) shall not apply in the case of the authorised works.
3
The undertaker shall at all reasonable times during construction of the authorised works and thereafter allow the Authority, their servants and agents, access to those works and all reasonable facilities for inspecting any tidal work.
4
After the purpose of any temporary works has been accomplished, or after a reasonable period of notice in writing from the Authority requiring it so to do, the undertaker shall with all reasonable dispatch, remove any such temporary works or any materials relating thereto which may have been placed below the level of high water by or on behalf of the undertaker and, on its failing so to do within a reasonable period after receiving such notice, the Authority may remove the same and charge the undertaker with the reasonable expense of so doing, which expense the undertaker shall repay to the Authority.
5
If, during the construction of a tidal work or within 10 years after the completion of such work and as a consequence (whether in whole or in part) of its construction, there is caused or created an accumulation or erosion, the undertaker, if so requested by the Authority before or within the period of 10 years after such completion or exercise, shall remedy such accumulation or erosion in the manner specified in paragraph (7) below and, if it refuses or fails so to do, the Authority may themselves cause the work to be done and may recover the reasonable cost thereof from the undertaker.
6
Should any accumulation or erosion in consequence of such construction arise within the period of 10 years mentioned in paragraph (5) above and be remedied in accordance with paragraph (7) below, any recurrence of such accumulation or erosion shall from time to time be so remedied by the undertaker during that period of 10 years and at any time thereafter, save that the undertaker’s obligation under this paragraph shall cease in the event that following the remedying of any accumulation or erosion a period of 10 years elapses from the completion of that remedying, without any further accumulation or erosion being caused or created in consequence of such construction or exercise.
7
For the purpose of paragraphs (5) and (6) above–
a
in the case of an accumulation, the remedy shall be its removal; and
b
in the case of erosion, the remedy shall be the carrying out of such reconstruction works and other protective works or measures as may be necessary.
8
In the event that surveys, inspections, tests and sampling carried out pursuant to paragraph (11)(b) below establish that any accumulation or erosion mentioned in paragraphs (5) or (6) above would have been caused in any event by factors other than the construction of a tidal work, the undertaker shall be liable to remedy such accumulation or erosion only to the extent that the same is attributable to such construction as aforesaid.
9
For the purposes of paragraph (5) above the date of completion of a work shall be the date on which it is brought into use.
10
The undertaker shall–
a
pay to the Authority the reasonable costs incurred by the Authority of such alterations to the marking and lighting of the navigational channel of the river as may be necessary during or in consequence of the construction of a tidal work;
b
provide and maintain on any tidal works such fog signalling apparatus as may be reasonably required by the Authority and shall properly operate such apparatus during periods of restricted visibility for the purpose of warning vessels of the existence of the relevant works; and
c
afford to the Authority such facilities as they may reasonably require for the placing and maintenance on any tidal works of signals, tide-boards, tide-gauges or other apparatus for the safety or benefit of navigation.
11
Without prejudice to the other provisions of this article, the undertaker shall be responsible for, and make good to the Authority, all losses, costs, charges, damages and expenses however caused (including a proper proportion of the overhead charges of the Authority) which may reasonably be incurred or occasioned to the Authority by reason of or arising from or in connection with–
a
the inspection of any of the tidal works by the Authority or their duly authorised representative;
b
the carrying out of surveys, inspections, tests and sampling within and of the river (including the bed and banks of the river)–
i
to establish the marine conditions prevailing prior to the construction of any of the tidal works in such area of the river as the Authority have reasonable cause to believe may subsequently be affected by any siltation, scouring or other alteration which the undertaker is liable to remedy under this article; and
ii
where the Authority have reasonable cause to believe that the construction of any of the tidal works is causing or has caused any siltation, scouring or other alteration as aforesaid;
c
the construction of any of the tidal works or the failure of any of the tidal works or the undertaking by the Authority of works or measures to prevent or remedy danger or impediment to navigation or damage to any property arising from such construction, exercise or failure; and
d
any act or omission of the undertaker or its servants or agents whilst engaged in the construction or operation of any of the tidal works.
12
Without prejudice to the generality of paragraph (11) above, the undertaker shall indemnify the Authority from and against all claims and demands arising out of, or in connection with, such construction, exercise, failure or act or omission as is mentioned in that paragraph.
13
Nothing in this article shall impose any liability on the undertaker to the extent that any losses, costs, charges, damages, expenses, claims or demands referred to in paragraphs (11) and (12) above are attributable to negligence on the part of the Authority or of any person in their employ or of their contractors or agents.
14
The Authority shall give to the undertaker notice of any claim or demand in relation to which the undertaker may be liable under this article and no settlement or compromise of any such claim or demand shall be made without the consent in writing of the undertaker.
15
The fact that any work or thing has been executed or done with the consent of the Authority and in accordance with any conditions or restrictions prescribed by the Authority or in accordance with plans approved or deemed to be approved by the Authority or to their satisfaction or in accordance with any directions or award of an arbitrator or in accordance with any plans approved by the Secretary of State and any conditions or restrictions imposed by him shall not relieve the undertaker from any liability under the provisions of this article.
16
With the exception of any duty owed by the Authority to the undertaker which is expressly provided for in the foregoing provisions of this article, nothing in this Order shall be construed as imposing upon the Authority either directly or indirectly, any duty or liability to which the Authority would not otherwise be subject and which is enforceable by proceedings before any court.
17
Nothing in this Order shall affect prejudicially any statutory or other rights, powers or privileges vested in, or enjoyed by, the Authority or the harbour master at the date of making of this Order.
18
In this article–
“accumulation” means any accumulation of silt or other material which constitutes an impediment to navigation;
“construction” includes execution and placing, maintenance, extension, enlargement and relaying, and “constructed” shall be construed accordingly;
“erosion” means any erosion of the bed or banks of the river or other structure of whatever nature;
“plans” includes arrangements, sections, descriptions, drawings and specifications;
“the river” means the River Tyne.
PART VI
MISCELLANEOUS AND GENERAL
Saving for Trinity House
18
Nothing in this Order shall prejudice or derogate from any of the powers, rights or privileges, or the jurisdiction or authority of, Trinity House.
Certification of plans etc.
19
The undertaker shall, as soon as practicable after the making of this Order, submit copies of the deposited sections, the deposited plans and the book of reference to the Secretary of State for certification that they are true copies of, respectively, the sections, the plans and the book of reference referred to in this Order; and a document so certified shall be admissible in any proceedings as evidence of the contents of the document of which it is a copy.
Service of notices
20
1
A notice or other document required or authorised to be served for the purposes of this Order may be served by post.
2
Where the person on whom a notice or other document to be served for the purposes of this Order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body.
3
For the purposes of section 7 of the Interpretation Act 1978 as it applies for the purposes of this article, the proper address of any person in relation to the service on him of a notice or document under paragraph (1) above is, if he has given an address for service, that address, and otherwise–
a
in the case of the secretary or clerk of a body corporate, the registered or principal office of that body, and
b
in any other case, his last known address at the time of service.
4
Where for the purposes of this Order a notice or other document is required or authorised to be served on a person as having any interest in, or as the occupier of, land and his name or address cannot be ascertained after reasonable enquiry, the notice may be served by–
a
addressing it to him by name or by the description of “owner”, or as the case may be “occupier”, of the land (describing it), and
b
either leaving it in the hands of a person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land.
5
This article shall not be taken to exclude the employment of any method of service not expressly provided for by it.
6
This article does not apply to a notice given in accordance with article 5(4) above.
No double recovery
21
Compensation shall not be payable in respect of the same matter both under this Order and under any other enactment, any contract or any rule of law.
Arbitration
22
Any difference under any provision of this Order (other than a difference which falls to be determined by the tribunal) shall be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after notice in writing to the other) by the President of the Institution of Civil Engineers.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
A S D Whybrow
Head of Charging and Local Transport Division,
Department of the Environment, Transport and the Regions
27th April 1999


text:
Title and commencement
1
These Regulations may be cited as the Moorland (Livestock Extensification) (Amendment) Regulations 1999 and shall come into force on 1st October 1999.
Amendment of principal Regulations
2
The Moorland (Livestock Extensification) Regulations 1995 shall be amended by the insertion in regulation 5 (restrictions on acceptance of applications), after paragraph (5), of the following paragraph–
6
The Minister shall not accept any application for aid in respect of any extensification period beginning on or after 1st October 2000.
.
Joyce Quin
Minister of State, Ministry of Agriculture, Fisheries and Food
20th August 1999


text:
1
This Order may be cited as the Value Added Tax (Special Provisions) (Amendment) (No. 2) Order 1999 and shall come into force on 1st January 2000.
2
The Value Added Tax (Special Provisions) Order 1995 shall be amended as follows.
3
In article 2:
a
for the definition of “collectors' items” there shall be substituted–
“collectors' items” means any collection or collector’s piece falling within section 21(5) of the Act but excluding investment gold coins within the meaning of Note 1(b) and (c) to Group 15 of Schedule 9 to the Act;
b
for the definition of “works of art” there shall be substituted–
“work of art” has the same meaning as in section 21 of the Act.
.
4
For article 13(3) there shall be substituted–
3
The total profit margin for a prescribed accounting period shall be the amount (if any) by which the total selling price calculated in accordance with paragraph (4) below, exceeds the total purchase price calculated in accordance with paragraph (5) below.
.
Bob Ainsworth
David Jamieson
Two of the Lords Commissioners of Her Majesty’s Treasury
19th November 1999


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Non-resident Companies (General Insurance Business) Regulations 1999 and shall come into force on 10th June 1999.
2
These Regulations have effect with respect to any appropriate accounting period of a relevant company.
Interpretation
2
1
In these Regulations unless the context otherwise requires–
“appropriate accounting period” means an accounting period ending on or after 1st July 1999;
“controlled foreign company” shall be construed in accordance with section 747(2);
“general insurance business” has the meaning given by section 755B(6);
“non-resident company” means a company resident outside the United Kingdom;
“relevant company” means a company resident in the United Kingdom that had a relevant interest in a non-resident company at any time during an accounting period of the non-resident company ending in an appropriate accounting period of the relevant company;
“relevant interest” shall be construed in accordance with section 752A on the assumption that the non-resident company is a controlled foreign company;
“the Taxes Act ” means the Income and Corporation Taxes Act 1988.
2
In these Regulations references to a particular provision, without more, are references to that provision of the Taxes Act.
Modifications of Chapter IV of Part XVII of the Taxes Act
3
Chapter IV of Part XVII of the Taxes Act shall have effect with the modifications prescribed in regulations 4 to 6 in any case where a non-resident company–
a
carries on general insurance business, and
b
draws up accounts relating to that business using a method falling within subsection (2) of section 755B.
4
After section 754A there shall be inserted–
Returns where it is not established whether a non-resident company carrying on general insurance business is a controlled foreign company
754AA
1
This section applies where–
a
if an apportionment were made in accordance with section 747 of the chargeable profits for an accounting period of a company resident outside the United Kingdom (“the non-resident company”), a company resident in the United Kingdom (“the UK company ”) would be chargeable to tax by virtue of subsection (5) of that section with reference to the whole or a part of the non-resident company’s chargeable profits for that accounting period (“the relevant accounting period”);
b
the non-resident company carries on general insurance business within the meaning given by section 755B(6) and draws up accounts relating to that business using a method falling within section 755B(2);
c
the UK company delivers a company tax return for the accounting period in which the relevant accounting period of the non-resident company ends; and
d
at the time when the UK company delivers the company tax return for that accounting period, it is not established whether in the relevant accounting period the non-resident company is subject to a lower level of taxation in the territory in which it is resident so as to constitute a controlled foreign company.
2
Prior to delivering its company tax return for the accounting period mentioned in paragraph (1)(c), the UK company shall consider whether or not the non-resident company is likely, in the relevant accounting period, to be subject to a lower level of taxation in the territory in which it is resident so as to constitute a controlled foreign company.
3
If the UK company is of the opinion that in the relevant accounting period the non-resident company is likely to be subject to a lower level of taxation in the territory in which it is resident so as to constitute a controlled foreign company, the UK company shall make the company tax return on the basis that the relevant accounting period is an accounting period of a company which is a controlled foreign company.
4
If the UK company is of the opinion that in the relevant accounting period the non-resident company is not likely to be subject to a lower level of taxation in the territory in which it is resident so as to constitute a controlled foreign company, the UK company shall make the company tax return on the basis that the relevant accounting period is an accounting period of a company which is not a controlled foreign company.
5
In any case where–
a
the UK company makes the company tax return on the basis mentioned in subsection (3) above, but
b
it becomes established that in the relevant accounting period the non-resident company is not subject to a lower level of taxation in the territory in which it is resident,
the UK company shall amend the company tax return on the basis that the relevant accounting period is an accounting period of a company which is not a controlled foreign company.
6
In any case where–
a
the UK company makes the company tax return on the basis mentioned in subsection (4) above, but
b
it becomes established that in the relevant accounting period the non-resident company is subject to a lower level of taxation in the territory in which it is resident, the UK company shall amend the company tax return on the basis that the relevant accounting period is an accounting period of a company which is a controlled foreign company.
7
Any amendment required to be made to the company tax return by virtue of subsection (5) or (6) above shall be made by the UK company before the expiration of the period commencing immediately following the close of the underwriting year and ending on the date which is eighteen months plus thirty days thereafter.
8
Subject to subsection (9) below, an amendment of a company tax return in accordance with subsection (7) above is subject to, and must be in accordance with, the other provisions of the Corporation Tax Acts as they apply for the purposes of this Chapter.
9
The time limits otherwise applicable to amendment of a company tax return do not apply to an amendment of a company tax return in accordance with subsection (7) above.
10
A company which fails to make an amendment required by subsection (6) above in accordance with subsection (7) above shall be liable to a tax-related penalty under paragraph 20 of Schedule 18 to the Finance Act 1998 (penalty, not exceeding amount of tax understated, for incorrect or uncorrected return).
11
In subsection (7) above “the close of the underwriting year” means–
a
the date on which final replacement of the technical provision, as described in sub-paragraph (4) of paragraph 52 of Schedule 9A to the Companies Act 1985 , takes place, or
b
where there is no final replacement of the technical provision in the three years following the underwriting year, the date referred to in section 755B(4), that is, the end of the third year following the underwriting year.
5
1
Section 755B shall be modified as follows.
2
After subsection (4) there shall be inserted–
4A
Where in accordance with subsection (4) above the technical provision is treated as finally replaced by a provision for estimated claims outstanding (“the deemed provision”), the amount of the deemed provision which may be deducted from the chargeable profits of the controlled foreign company for the accounting period concerned shall not exceed the amount that, on the assumptions in Schedule 24, would have been deductible from those profits if the deemed provision had been an actual provision as mentioned in subsection (2)(a) above.
6
1
Paragraph 2 of Schedule 25 shall be modified as follows.
2
In sub-paragraph (1), in each of paragraphs (b) and (d) there shall be inserted at the beginning “subject to sub-paragraphs (1AA) to (1AC) below,”.
3
After sub-paragraph (1) there shall be inserted–
1AA
Sub-paragraph (1AB) below applies where, in a case to which section 754AA(1) applies–
a
a company resident in the United Kingdom (“the UK company”) either–
i
has made a company tax return for an accounting period on the basis mentioned in section 754AA(3), that is, that an accounting period of a non-resident company (“the relevant accounting period”) ending in the accounting period of the UK company for which the company tax return is made is an accounting period of a controlled foreign company, and has not subsequently been required to amend the company tax return in accordance with section 754AA(5) on the basis that the relevant accounting period of the non-resident company is an accounting period of a company which is not a controlled foreign company, or
ii
has made a company tax return for an accounting period on the basis mentioned in section 754AA(4), that is, that the relevant accounting period of a non-resident company is an accounting period of a company which is not a controlled foreign company, but has subsequently amended the company tax return in accordance with section 754AA(6) to (8) on the basis that the relevant accounting period of the non-resident company is an accounting period of a controlled foreign company; and
b
the final replacement of the technical provision in the accounts of the non-resident company for the relevant accounting period–
i
takes place on a date falling within the period of three years (“the three year period”) following the relevant accounting period, or
ii
where no final replacement of the technical provision takes place in the three year period, is treated by virtue of section 755B(4) as having taken place on the date that is the end of that period,
and each of those dates is referred to in sub-paragraphs (1AB), (1AD) and (1AE) below as “the close of the underwriting year”.
1AB
Where this sub-paragraph applies–
a
the dividend referred to in sub-paragraph (1) above shall be due on or before the date which is eighteen months after the close of the underwriting year, or on or before such later date as the Board may, in any particular case, allow;
b
the amount of the dividend or, if there is more than one, of the aggregate of those dividends which is paid to persons resident in the United Kingdom is the aggregate of the following amounts–
i
an amount equal to 90 per cent. of the company’s net chargeable profits for the relevant accounting period or, where sub-paragraph (4) or (5) below applies, of the appropriate portion of those profits, and
ii
in respect of each dividend that is paid to persons resident in the United Kingdom later than the date which is eighteen months after the end of the relevant accounting period, an amount calculated at the date of the dividend concerned in accordance with the formula–
D × i ( 1 + i ) .
1AC
In sub-paragraph (1AB) above–
a
D is the amount of the dividend concerned, and
b
“i” is the interest factor calculated in accordance with the rates applicable under section 178 of the Finance Act 1989 to section 87A of the Management Act from the date that is eighteen months after the end of the relevant accounting period until the date of payment of that dividend.
1AD
Where–
a
sub-paragraphs (1AA) to (1AC) above apply in relation to an accounting period of the UK company,
b
the UK company has made a company tax return for that accounting period on the basis that the dividend referred to in sub-paragraph (1) above will be paid to persons resident in the United Kingdom not later than the date which is eighteen months after the close of the underwriting year or not later than the date allowed by the Board as mentioned in sub-paragraph (1AB)(a) above, and
c
that dividend is not paid on or before that date,
the UK company shall amend the company tax return so as to record that the controlled foreign company has not pursued an acceptable distribution policy in respect of the relevant accounting period.
1AE
An amendment required to be made to the company tax return by virtue of sub-paragraph (1AD) above shall be made by the UK company before the expiration of the period of thirty days next following the date which is eighteen months after the close of the underwriting year or next following the date allowed by the Board as mentioned in sub-paragraph (1AB)(a) above.
1AF
A company which fails to make an amendment required by sub-paragraph (1AD) above before the expiry of the period specified in sub-paragraph (1AE) above shall be liable to a tax-related penalty under paragraph 20 of Schedule 18 to the Finance Act 1998.
Amendments to the Insurance Companies (Reserves) (Tax) Regulations 1996
7
1
The Insurance Companies (Reserves) (Tax) Regulations 1996 shall be amended as follows.
2
In regulation 8(1) there shall be inserted at the beginning “Subject to regulation 8B,”.
3
After regulation 8 there shall be inserted–
Certain insurance business carried on outside the United Kingdom by a controlled foreign company — non-annual accounts but returns prepared on an annual basis
8A
1
Subject to regulation 8B, this regulation applies in any case where–
a
paragraphs (1) and (2) of regulation 8 apply in respect of an accounting period of a controlled foreign company,
b
the statutory accounts drawn up by the controlled foreign company for that period use a paragraph 52 method of accounting on a non-annual basis, but
c
returns of chargeable profits of that company for that period are based on accounts prepared on an annual basis.
2
Paragraph (3) of regulation 8 shall apply in relation to this regulation as it applies in relation to that regulation.
3
Section 444BA shall have effect, subject to the modifications specified in paragraph (5) of regulation 8 and in paragraph (4) of this regulation, in relation to the equalisation reserve included in the statutory accounts as it has effect in relation to equalisation reserves maintained by virtue of section 34A regulations .
4
The operation of paragraphs (a) and (b) of subsection (2) of section 444BA shall be modified so as to provide that, for the purposes of the Tax Acts, the amounts which are transferred into or out of the equalisation reserve in respect of the controlled foreign company’s business for the accounting period in question shall be the amounts which would have been transferred into or out of the equalisation reserve if the company had been required to maintain an equalisation reserve by reference to accounts prepared on an accident year basis.
5
The reference in paragraph (1)(c) to accounts prepared on an annual basis shall be construed in accordance with regulation 5(3).
6
The reference in paragraph (4) to accounts prepared on an accident year basis shall be construed in accordance with regulation 5(4).
Disapplication of regulations 8 and 8A where controlled foreign company prepares non-annual accounts and final replacement of the technical provision does not take place in conformity with the Companies Act
8B
Regulations 8 and 8A shall not apply in any case where for an accounting period a controlled foreign company–
a
draws up its statutory accounts for that period using a paragraph 52 method of accounting on a non-annual basis, and
b
the final replacement of the technical provision, as described in sub-paragraph (4) of that paragraph, does not take place on or before the end of the year referred to in that sub-paragraph as the third year following the underwriting year.
Jim Dowd
Jane Kennedy
Two of the Lords Commissioners of Her Majesty’s Treasury
20th May 1999


text:
Citation and commencement
1
1
This Order may be cited as the Greater London Authority Act 1999 (Transitional and Consequential Finance Provisions) Order 1999.
2
This Order shall come into force on 12th January 2000.
Transitional and consequential adaptations of the Local Government Finance Act 1988
2
The provisions of the Local Government Finance Act 1988 set out in Column (1) of Table 1 below shall have effect in relation to–
a
the financial year beginning on 1st April 2000, and
b
the exercise of functions under those provisions,
subject to the adaptations set out in Column (2) of that Table.
TABLE 1
(1) (2) Provision Adaptation
section 76
After subsection (2) insert the following provision:
2A
Where the Secretary of State is the receiving authority, in the period beginning on 1st April 2000 and ending with 2nd July 2000, references to grant being paid or payable to a receiving authority are to grant being allocated, or liable to be allocated, for payment by him in accordance with section 102 of the Greater London Authority Act 1999 .
section 78A
After subsection (2) insert the following subsection:
2A
The local government finance report shall specify the basis of distribution of revenue support grant as if the Greater London Authority and functional bodies were in existence for the entire year.
section 82
After subsection (1) insert the following subsection:
1A
The sum payable to the Greater London Authority by way of revenue support grant shall be calculated as if the Greater London Authority and functional bodies were in existence for the entire year.
section 83
After subsection (2) insert the following subsection:
2A
Before 3rd July 2000 the instalments of the amount calculated as payable to the Greater London Authority shall be applied by the Secretary of State in accordance with section 102 of the Greater London Authority Act 1999 and subsequent instalments shall be paid to the Greater London Authority.
Schedule 8 , paragraph 8
After sub-paragraph (1) insert the following sub-paragraph:
1A
Where the Secretary of State is the receiving authority, in the period beginning on 1st April 2000 and ending with 2nd July 2000, references to sums of the distributable amount being paid or payable to a receiving authority are to instalments of the amount calculated as the Greater London Authority’s share of the distributable amount being allocated, or liable to be allocated, for payment by him in accordance with section 102 of the Greater London Authority Act 1999.
Schedule 8, paragraph 10
After sub-paragraph (1) insert the following sub-paragraph:
1A
The local government finance report shall specify the basis of distribution of the distributable amount as if the Greater London Authority and functional bodies were in existence for the entire year.
Schedule 8, paragraph 11
After sub-paragraph (3) insert the following sub-paragraph:
3A
The sum payable to the Greater London Authority as its share of the distributable amount shall be calculated as if the Greater London Authority and functional bodies were in existence for the entire year.
Schedule 8, paragraph 12
After sub-paragraph (2) insert the following sub-paragraph:
2A
Before 3rd July 2000, any instalments of the amount calculated as payable to the Greater London Authority shall be applied by the Secretary of State in accordance with section 102 of the Greater London Authority Act 1999 and subsequent instalments shall be paid to the Greater London Authority.
Transitional and consequential adaptations of the Local Government Finance Act 1992 relating to the Receiver for the Metropolitan Police District
3
The provisions of the Local Government Finance Act 1992 set out in Column (1) of Table 2 below shall have effect in relation to–
a
the financial year beginning on 1st April 2000, and
b
the exercise of functions under those provisions by the Receiver for the Metropolitan Police District,
subject to the adaptations set out in Column (2) of that Table.
TABLE 2
(1) (2) Provision Adaptation
section 43(2)(a) After “other than” insert “expenditure the authority estimates it will incur on or after 1st April 2000 and before 3rd July 2000 in performing transferred functions and” section 43(2)(b) After “year” add “but excluding any allowance the authority estimates will be appropriate for contingencies in relation to expenditure to be charged to a revenue account for the year and estimated to be incurred on or after 1st April 2000 and before 3rd July 2000 in performing transferred functions ” section 43(2)(d) After “provided for” insert “but excluding such financial reserves as are sufficient to meet so much of the amount estimated by the authority to be a revenue account deficit for any earlier financial year, arising out of the performance of the transferred functions, as has not already been provided for.” section 43(3)(a)
For “1988 Act; and” substitute “1988 Act; or”
After sub-paragraph (iii) insert the following sub-paragraph:
iv
in accordance with section 102 of the Greater London Authority Act 1999; and
section 43(3)(b) After “above” insert “ other than any financial reserves which the authority estimates that it will use in order to provide for the items mentioned in paragraphs (a) and (b) of subsection (2) above, in so far as they relate to the performance of transferred functions by the authority” section 44(1) In the definition of “P” delete “or police grant” section 69(1) After the definition of a “special levy” insert the following definition:
“transferred functions” means those functions of the Receiver for the Metropolitan Police District which will be performed by the Metropolitan Police Authority, or the Transport for London after 2nd July 2000 in accordance with the Greater London Authority Act 1999;
Further transitional and consequential adaptations of the Local Government Finance Act 1992
4
1
Section 65 of the Local Government Finance Act 1992 shall have effect in relation to the financial year beginning on 1st April 2000 subject to the following adaptation.
2
After subsection (1) insert the following subsection:
1A
The relevant area, in the case of the Secretary of State, is Greater London.
Consequential amendment to the Local Government Finance Act 1992
5
After section 39(4) add the following subsection:
5
In respect of the financial year beginning on 1st April 2000, and subsequent financial years, for the purposes of Chapter IV of this Part,
a
the Receiver for the Metropolitan Police District’s area shall be the area of the Inner London boroughs;
b
the Receiver shall only issue precepts to the councils of the Inner London boroughs.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Keith Hill
Parliamentary Under Secretary of State,
Department for the Environment, Transport and the Regions
21st December 1999


text:
Citation and commencement
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemptions) (Broxtowe Borough Council, South Somerset District Council and Thurrock Borough Council) Order 1999 and shall come into force on 4th March 1999.
Exemption of maintenance of ground
2
1
The maintenance of ground by Broxtowe Borough Council shall not be treated as a defined activity so long as it is carried out during the period beginning with the date on which this Order comes into force and ending immediately before 1st January 2001, in the following parishes of the borough–
Awsworth
Brinsley
Cossall
Eastwood
Greasley
Kimberley
Nuthall
Strelley
Trowell
2
The maintenance of ground by Thurrock Borough Council shall not be treated as a defined activity so long as it is carried out during the period beginning with 1st October 1999 and ending immediately before 1st October 2000.
Exemption of collection of refuse and other cleaning
3
1
The collection of refuse and other cleaning by South Somerset District Council shall not be treated as defined activities so long as they are carried out during the period beginning with the date on which this Order comes into force and ending immediately before 1st May 2001.
2
The collection of refuse and other cleaning by Thurrock Borough Council shall not be treated as defined activities so long as they are carried out during the period beginning with 1st October 1999 and ending immediately before 1st October 2000.
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
1st February 1999


text:
Citation and commencement
1
This Order may be cited as the East Yorkshire Hospitals and the Royal Hull Hospitals National Health Service Trusts (Dissolution) Order 1999 and shall come into force on 1st October 1999.
Dissolution of NHS trusts
2
The East Yorkshire Hospitals National Health Service Trust established by the East Yorkshire Hospitals National Health Service Trust Establishment Order and the Royal Hull Hospitals National Health Service Trust established by the Royal Hull Hospitals National Health Service Trust Establishment Order are hereby dissolved, and accordingly those Orders are hereby revoked.
Signed by authority of the Secretary of State for Health
John Hutton
Parliamentary Under Secretary of State
Department of Health
24th September 1999


text:
Citation and commencement
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) ( No. 2) Order 1998 Partial Revocation Order 1999 and shall come into force at 18.00 hours on 4th March 1999.
Revocation
2
The Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No. 2) Order 1998 is revoked insofar as it designates any part of the area set out in the Schedule to this Order.
J R Wildgoose
Assistant Secretary, Scottish Office
Pentland House,
Edinburgh
4th March 1999


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Determination of Admission Arrangements) Regulations 1999 and shall come into force on 1st April 1999.
2
Regulations 3 to 7 do not apply in relation to consultation about and determination of admission arrangements for a school for the initial year or any earlier school year .
Interpretation
2
1
In these Regulations–
“ the Act ” means the School Standards and Framework Act 1998;
“the determination year”, in relation to the proposed admission arrangements for a school, means the school year beginning two years before the school year which the arrangements will be for;
“education authority” means a local education authority;
“the initial year” means the school year 2000/2001;
“main entrance” means the principal entrance to the school premises in question, or (if the school has more than one site) to the principal entrance to the main administrative building of the school;
“relevant area” has the meaning in section 89(3) of the Act;
“school” means a maintained school ;
“section”, unless the context otherwise requires, means a section of the Act.
2
For the purposes of these Regulations, admission arrangements for a school shall be treated as being for the particular school year in which pupils are to be admitted to the school in consequence of the arrangements.
Determination of admission arrangements
3
1
Every admission authority for a school shall, in respect of their proposed admission arrangements for the school for each school year, take all steps necessary to ensure that they will have completed the consultation required by section 89(2) before 1st March in the determination year.
2
In addition, every such admission authority shall take all steps necessary to ensure that they will have determined those admission arrangements before 15th April in the determination year.
Consultation by admission authorities for primary schools
4
In relation to the proposed admission arrangements for a primary school, section 89(2)(b) shall only require the admission authority to consult the admission authorities for other schools in the relevant area which are primary schools.
Additional consultation requirements
5
1
This regulation prescribes the admission authorities for schools that are to be consulted about proposed admission arrangements by virtue of section 89(2)(c).
2
Where the admission authority for a school is the education authority, they shall consult all the neighbouring education authorities.
3
For the purpose of paragraph (2), an education authority, is “neighbouring”, in relation to another education authority, if the areas of the two authorities adjoin to any extent.
4
Where the admission authority for a school is the governing body, they shall consult (so far as not already required to do so by virtue of section 89(2)(a) or (b)) any education authority any part of whose area falls within–
a
the relevant area for consultation about the proposed arrangements; or
b
the additional radial area.
5
In paragraph (4)–
“the additional radial area” means any part of the radial area which falls outside the relevant area for consultation about the proposed arrangements;
“the radial area” is the area described by a circle–
of which the centre is the main entrance to the school to which the proposed admission arrangements relate; and
which has a radius of:
where that school is a primary school, 3.2 kilometres;
where that school is a secondary school, 8 kilometres.
6
No reference in paragraph (5) to any area shall be taken to include any part of such an area that is in Scotland.
Matters to which consultation is to relate
6
1
Consultation under section 89(2) shall relate to all of the arrangements (including the whole admissions policy) which the admission authority propose to determine as the admission arrangements for the school for the particular school year, except any exempt arrangements.
2
For the purposes of paragraph (1), admission arrangements are exempt to the extent (if any) that–
a
(in the case of a grammar school) they make provision that the school should retain selective admission arrangements as defined by section 104(4) or that the school should cease to have such arrangements in accordance with section 108 or section 109;
b
section 89 is excluded by section 103(1) and (2) from applying to their determination (making or abandonment of provision for selection which constitutes a prescribed alteration for the purposes of section 28);
c
(except where subparagraph (b) applies) they make provision of a kind which would, when first made at a school which previously had no such provision, effect a prescribed alteration for the purposes of section 28.
3
In relation to any time before the coming into force of section 28, the following subparagraph shall have effect in place of paragraph (2)(b) and (c):
b
they make provision of a kind which would, when first made at a school which previously had no such provision, effect a significant change of character of the school for the purposes of section 35(1), 41(2), 259(1) or 260(2) of the Education Act 1996 .
.
Manner of consultation
7
1
For the purpose of consultation under section 89(2), an admission authority shall communicate their proposals by, at least, sending each admission authority which they are required to consult a written copy of the proposed admission arrangements and inviting their comments.
2
For the purpose of information, the written copy of the proposed arrangements which is sent shall include any exempt arrangements as defined in regulation 6; but the admission authority may, if it wishes, indicate on the written copy by any appropriate means that comments are not sought on that provision.
3
Communication under paragraph (1) may be effected by the transmission of the written copy of the arrangements in electronic form, except in any case where there are grounds for believing that the intended recipient is unable to make use of it in that form.
Manner of notification of admission arrangements
8
1
Notification by an admission authority under section 89(4) of the admission arrangements which they have determined for a school–
a
shall be given in writing to each of the bodies the authority were required to consult under section 89(2); and
b
where the arrangements as determined differ in any respect (subject to paragraph (2)) from the proposed arrangements on which those bodies were consulted, shall include a complete copy in writing of the admission arrangements as determined.
2
For the purpose of paragraph (1)(b), a difference between the arrangements as proposed and the arrangements as determined is to be disregarded if it relates exclusively to exempt arrangements as defined in regulation 6.
3
This notification must be given within 14 days after the date on which the admission authority determined the admission arrangements in question.
4
Notification under paragraph (1) may be effected by the transmission of the notification in electronic form, except in any case where there are grounds for believing that the intended recipient is unable to make use of it in that form.
Additional publication where admission arrangements include certain provision for selection
9
1
This regulation applies where the admission arrangements for a school determined by an admission authority include pre-existing selection arrangements.
2
For the purposes of this regulation and regulation 10–
a
“selection arrangements” means those arrangements (if any) in the admission arrangements determined for a school for a particular school year which make provision for the selection of pupils by ability or by aptitude within the meaning of section 99(5); and
b
selection arrangements are to be regarded as pre-existing if they–
i
continue from provision made by the admission arrangements for the school in question at the beginning of the 1997/98 school year and made by successive admission arrangements for the school since that time; and
ii
depend solely for their lawfulness on section 100.
3
For the purpose of paragraph (2)(b)(ii), selection arrangements are to be regarded as depending solely for their lawfulness on section 100 if they are not rendered lawful by virtue of section 99(1)(b) or (2)(c) (grammar schools or sixth forms), section 101 (pupil banding) or section 102 (aptitude for particular subjects).
4
Where this regulation applies, the admission authority shall publish the following information in a newspaper circulating in the locality served by the school, namely–
a
the names of the admission authority and of the school or schools in respect of admission to which the provision for selection applies;
b
the fact that admission arrangements have been determined which make provision for selection and a statement summarising the effect of the selection arrangements;
c
the fact that parents living in the relevant area are able to refer an objection about the selection arrangements to the adjudicator (in England) or the Secretary of State (in Wales);
d
the address to which and the date by which such an objection must be sent to the adjudicator (in England) or the Secretary of State (in Wales);
e
the fact that further information about the selection arrangements or about parents' right of objection may be obtained from the admission authority, including an address and telephone number for such contact.
5
This information must be published in the manner specified within 14 days after the date on which the admission authority determined the admission arrangements.
Provision of further information
10
1
An admission authority which is required to publish information under regulation 9 shall in addition provide to any person without charge either or both of the following on request–
a
a copy in writing of the selection arrangements and of any other parts of the admission arrangements that are material to them;
b
a written statement of the information about parents' right of objection specified in paragraph (2).
2
The information to be provided under paragraph (1)(b) is–
a
a statement explaining the effect of section 90(2);
b
the relevant area that applied to the admission authority’s consultation on the admission arrangements;
c
an explanation of the following requirements that apply to an objection by a parent –
i
the requirement that a parent may only refer an objection about pre-existing selection arrangements;
ii
the description of parent who is entitled to refer an objection; and
iii
the requirement that a specified number of parents must refer an objection or objections raising substantially the same issue before such an objection can be determined by the adjudicator (in England) or the Secretary of State (in Wales).
Estelle Morris
Minister of State,
Department for Education and Employment
30th January 1999
Peter Hain
Parliamentary Under Secretary of State, Welsh Office
2nd February 1999


text:
Citation, commencement and effect
1
1
This Order may be cited as the Carriage by Air Acts (Application of Provisions) (Fifth Amendment) Order 1999 and shall come into force on the tenth day after the day on which it is made.
2
Nothing in this Order shall affect rights and liabilities arising out of an occurrence which took place before the coming into force of this Order.
Amendments of the Carriage by Air Acts (Application of Provisions) Order 1967
2
1
The Carriage by Air Acts (Application of Provisions) Order 1967 is hereby amended as follows.
2
In article 2(1):
a
for the term “the amended Convention” which is defined in that section there shall be substituted the term “the 1955 amended Convention”; and
b
after the definition of “the 1955 amended Convention” there shall be inserted:
“the MP4 amended Convention” means the English text of the Warsaw Convention with the amendments made in it by the Hague Protocol and as further amended by Protocol No. 4 of Montreal, 1975 as set out in Schedule 1A to the Act of 1961 ;
;
3
In articles 3 and 7 for the words “amended Convention” there shall be substituted “1955 amended Convention or the MP4 amended Convention”;
4
For Schedule 1 there shall be substituted the provisions set out in the Schedule to this Order.
5
In Schedules 2 and 3 for the words “the amended Convention”, wherever they appear, there shall be substituted the words “the 1955 amended Convention ”.
A. K. Galloway
Clerk of the Privy Council


text:
1
These Regulations may be cited as the Income Tax (Sub-contractors in the Construction Industry) (Amendment) Regulations 1999 and shall come into force on 6th April 1999.
2
In regulation 9(2) of the Income Tax (Sub-contractors in the Construction Industry) Regulations 1993 for “£600” there shall be substituted “£1000”.
S C T Matheson
G H Bush
Two of the Commissioners of Inland Revenue
16th March 1999


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (North Peak) Designation (Amendment) Order 1999 and shall come into force on 15th June 1999.
Interpretation
2
In this Order, “the principal Order ” means the Environmentally Sensitive Areas (North Peak) Designation Order 1993 .
Amendment of the principal Order
3
In Schedule 2 to the principal Order (management activities), in paragraph 7(b) of Part I, for “43” there shall be substituted “45”.
Saving
4
Article 3 of this Order shall not apply in respect of any payment to a farmer which relates to any period before 1st May 1999.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
12th May 1999
We consent,
Jane Kennedy
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
13th May 1999