text:
Citation and interpretation
1
1
This Order may be cited as the Social Security Act 1998 (Commencement No. 9, and Savings and Consequential and Transitional Provisions) Order 1999.
2
In this Order, unless the context otherwise requires —
a
“ the Act ” means the Social Security Act 1998;
b
“ the Regulations ” means the Social Security and Child Support (Decisions and Appeals) Regulations 1999 ;
c
“relevant benefit” means any of the benefits to which article 2(c) of this Order refers,
and references to sections and Schedules are references to sections of, and Schedules to, the Act.
Appointed day
2
6th September 1999 is the day appointed for the coming into force of —
a
section 31;
b
section 39(3) in so far as it provides that section 61A of the Administration Act shall cease to have effect, and section 86(2) and Schedule 8 in so far as they repeal that section 61A; and
c
the provisions specified in Schedule 1 to this Order, in so far as those provisions are not already in force, for the purposes of —
i
benefits under Part II of the Contributions and Benefits Act except child’s special allowance;
ii
severe disablement allowance under sections 68 and 69 of that Act;
iii
benefits for the aged under sections 78 and 79 of that Act;
iv
increases for dependants under Part IV of that Act; and
v
graduated retirement benefit under sections 36 and 37 of the National Insurance Act 1965 .
Consequential amendments and modifications
3
1
The amendments and modifications made by the following paragraphs of this article shall take effect as from 6th September 1999.
2
The Social Security Benefit (Dependency) Regulations 1977 shall as they relate to any of the relevant benefits be modified in accordance with Schedule 2 to this Order.
3
Section 36(10) of the National Insurance Act 1965 as continued in force by virtue of the Social Security (Graduated Retirement Benefit) (No. 2) Regulations 1978 shall be omitted.
4
The Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979 shall be amended in accordance with Schedule 3 to this Order.
5
The Social Security (Widow’s Benefit, Retirement Pensions and Other Benefits) (Transitional) Regulations 1979 shall be amended in accordance with Schedule 4 to this Order.
6
The Social Security (Severe Disablement Allowance) Regulations 1984 shall be amended in accordance with Schedule 5 to this Order.
7
The Income Support (General) Regulations 1987 shall be amended in accordance with Schedule 6 to this Order.
8
The Social Security (Claims and Payments) Regulations 1987 shall as they relate to any of the relevant benefits be modified in accordance with Schedule 7 to this Order.
9
The Social Security (Payments on Account, Overpayments and Recovery) Regulations 1988 shall as they relate to any of the relevant benefits be modified in accordance with Schedule 8 to this Order.
10
The Social Security (Incapacity Benefit-Increases for Dependants) Regulations 1994 shall be amended in accordance with Schedule 9 to this Order.
11
The Social Security (Incapacity for Work) (General) Regulations 1995 shall be amended in accordance with Schedule 10 to this Order.
12
The Disability Working Allowance and Income Support (General) Amendment Regulations 1995 shall be amended in accordance with Schedule 11 to this Order.
13
The Social Security (Persons From Abroad) Miscellaneous Amendments Regulations 1996 shall be amended in accordance with Schedule 12 to this Order.
14
The Social Security Benefit (Computation of Earnings) Regulations 1996 shall as they relate to any of the relevant benefits be modified in accordance with Schedule 13 to this Order.
Transitional provisions
4
Schedule 14 to this Order shall have effect as from 6th September 1999.
Savings
5
Notwithstanding the coming into force of section 39(3) (Part II of the Administration Act to cease to have effect) or regulation 59 (revocations) of the Regulations —
a
sections 18 and 19 of the Administration Act (appeals on questions of law, and review of decisions);
b
sections 59 to 61 of, and Schedule 3 to, that Act (regulations about procedural and supplementary matters) as they relate to regulations made in relation to those sections; and
c
any regulations made under or in connection with the operation of any of those sections or that Schedule,
shall continue to have effect with respect to any decision given before 6th September 1999 by the Secretary of State under section 17 of that Act (questions for the Secretary of State).
Signed by authority of the Secretary of State for Social Security.
Angela Eagle
Parliamentary Under-Secretary of State,Department of Social Security
2nd September 1999


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Public Telecommunication System Designation (Rateflame Limited) Order 1999 and shall come into force on 5th January 2000.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Patricia Hewitt
Minister of State for Small Business and E-Commerce,
Department of Trade and Industry
4th December 1999


text:
Citation and commencement
1
This Order may be cited as the Action for Learning Partnership, Bedford Education Action Zone Order 1999 and shall come into force on 10th January 2000.
Interpretation
2
In this Order —
“partners” means those persons listed in Schedule 1 to this Order; and
“zone school” means a school listed in Schedule 2 to this Order.
Constitution of education action zone
3
The schools listed in Schedule 2 to this Order shall constitute collectively an education action zone under the name of the Action for Learning Partnership, Bedford Education Action Zone (“the zone”) for the purposes of Chapter III of Part I of the School Standards and Framework Act 1998.
Education Action Forum
4
There shall be an Education Action Forum for the zone to be known as the Action for Learning Partnership, Bedford Education Action Forum (“the Forum”), the membership of which shall include —
a
one person appointed by the governing body of each zone school, unless any such governing body choose not to make such an appointment;
b
either one or two persons appointed by the Secretary of State;
c
one person appointed by each partner, unless any partner chooses not to make such an appointment;
d
the headteacher of each zone school; and
e
three persons appointed by Bedfordshire County Council.
5
The Forum may at any time appoint additional members as follows —
a
up to three persons representing the interests of business in the area served by the zone schools;
b
up to three parents of registered pupils attending zone schools;
c
up to three persons representing the interests of the following nursery schools: Cherry Trees Nursery (Hawkins Road, Bedford, DfEE No. 1000), Peter Pan Nursery (Edward Road, Bedford, DfEE No. 1009) and Southway Nursery (Ampthill Road, Bedford, DfEE No. 1003); and
d
up to three persons representing the interests of the education sector generally in the area served by the zone schools.
Disqualification for membership of the Forum
6
Articles 7 to 9 shall have effect for the purpose of prescribing the circumstances and cases in which a person is to be disqualified for holding, or continuing to hold, office as a member of the Forum.
Disqualification for membership of the Forum — bankruptcy etc
7
1
Subject to the provisions of this article, a person shall be disqualified for holding, or for continuing to hold, office as a member of the Forum if he has been adjudged bankrupt or has made a composition or arrangement with his creditors; and a member, on becoming so disqualified, shall give written notice of the fact to the secretary to the Forum.
2
Where a person is disqualified by reason of his having been adjudged bankrupt, that disqualification shall cease —
a
unless the bankruptcy order made against that person is previously annulled, on his discharge from bankruptcy; and
b
if the bankruptcy order is so annulled, on the date of the annulment.
3
Where a person is disqualified by reason of his having made a composition or arrangement with his creditors and he pays his debts in full, the disqualification shall cease on the date on which the payment is completed and in any other case it shall cease on the expiration of three years from the date on which the terms of the deed of composition or arrangement are fulfilled.
Disqualification for membership of the Forum — criminal convictions
8
1
Subject to paragraph (2) a person shall be disqualified for holding, or for continuing to hold, office as a member of the Forum if —
a
within five years before his appointment would otherwise have taken effect or since his appointment, he has been convicted, whether in the United Kingdom or elsewhere, of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine;
b
within twenty years before his appointment would otherwise have taken effect, he has been convicted as aforesaid and has had passed on him a sentence of imprisonment for a period of more than two and a half years; or
c
he has at any time been convicted as aforesaid and has had passed on him a sentence of imprisonment of not less than five years.
2
For the purposes of this article there shall be disregarded any conviction by or before a court outside the United Kingdom of an offence in respect of conduct which, if it had taken place in any part of the United Kingdom, would not have constituted an offence under the law in force in that part of the United Kingdom.
Disqualification — absence from meetings
9
Any member of the Forum who, without the consent of the Forum, has failed to attend the meetings thereof for a continuous period of six months beginning with the date of a meeting shall, on the expiry of that period, be disqualified for continuing to be a member of the Forum without prejudice however, to his re-appointment.
Chairman’s tenure of office
10
The chairman of the Forum elected in accordance with paragraph 2 of Schedule 1 to the School Standards and Framework Act 1998, shall hold office for one year from the date of his election (unless he resigns his office earlier), without prejudice to his eligibility to be re-elected for a further such period.
Estelle Morris
Minister of State,
Department of Education and Employment
15th December 1999


text:
Citation
1
This Order may be cited as the Greater London Authority Act 1999 (Commencement No. 2) Order 1999.
Commencement of provisions
2
Part I (and accordingly Schedules 1 to 3), in so far as not already in force, of the Greater London Authority Act 1999, and section 424 of that Act in so far as it relates to those provisions, shall come into force on 14th December 1999.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Keith Hill
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
13th December 1999


text:
1
This Order may be cited as the Value Added Tax (Subscriptions to Trade Unions, Professional and Other Public Interest Bodies) Order 1999 and shall come into force on 1st December 1999 and have effect in relation to supplies made on or after that date.
2
Schedule 9 to the Value Added Tax Act 1994 shall be amended in accordance with Articles 3 to 5 below.
3
In Part I —
a
for the entry “Trade unions and professional bodies Group 9” there shall be substituted “Subscriptions to trade unions, professional and other public interest bodies Group 9”; and
b
after the entry relating to Burial and cremation, there shall be inserted the following entry —
Cultural services etc Group 13
.
4
Group 9 (supplies made by trade unions and professional bodies) shall be amended as follows —
a
for the description “GROUP 9 — TRADE UNIONS AND PROFESSIONAL BODIES” there shall be substituted “GROUP 9 — SUBSCRIPTIONS TO TRADE UNIONS, PROFESSIONAL AND OTHER PUBLIC INTEREST BODIES”; and
b
after paragraph (d) of Item 1 there shall be added —
e
a body which has objects which are in the public domain and are of a political, religious, patriotic, philosophical, philanthropic or civic nature.
.
5
Group 12 (fund raising events by charities and other qualifying bodies) shall be amended by omitting Note (3)(a).
Jim Dowd
Bob Ainsworth
Two of the Lords Commissioners of Her Majesty’s Treasury
14th October 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the National Health Service Trusts (Originating Capital Debt) Order 1999 and shall come into force on 1st April 1999.
2
In this Order “the Schedule” means the Schedule to this Order.
Originating capital debt of NHS trusts
2
1
The originating capital debt of an NHS trust specified in column 1 of the Schedule shall be of the amount specified opposite it in column 2 of the Schedule.
2
Each originating capital debt specified in column 2 of the Schedule shall be divided between an initial loan of an amount specified opposite it in column 3 of the Schedule and public dividend capital of an amount specified opposite it in column 4 of the Schedule.
Frank Dobson
One of Her Majesty’s Principal Secretaries of State,
Department of Health
11th March 1999
We consent,
Jane Kennedy
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
12th March 1999


text:
Citation, commencement and revocation
1
1
These Regulations may be cited as the Merchant Shipping Accident Reporting and Investigation) Regulations 1999 and shall come into force on 12th October 1999.
2
The Merchant Shipping (Accident Reporting and Investigation) Regulations 1994 are hereby revoked. Any investigation commenced under those Regulations which has not been completed or, in the case of an Inspector’s Inquiry has not been the subject of a report submitted to the Secretary of State, shall continue as if it had been commenced under these Regulations.
Interpretation
2
1
For the purposes of these Regulations and of section 267 of the Act , “ accident” means any contingency caused by an event on board a ship or involving a ship whereby–
a
there is loss of life or major injury to any person on board, or any person is lost or falls overboard from, a ship or a ship’s boat;
b
a ship–
i
causes any loss of life, major injury or material damage;
ii
is lost or is presumed to be lost;
iii
is abandoned;
iv
is materially damaged by fire, explosion, weather or other cause;
v
grounds;
vi
is in collision;
vii
is disabled; or
viii
causes serious harm to the environment;
c
any of the following occur–
i
a collapse or bursting of any pressure vessel, pipeline or valve;
ii
a collapse or failure of any lifting equipment, access equipment, hatch-cover, staging or boatswain’s chair or any associated load-bearing parts;
iii
a collapse of cargo, unintended movement of cargo or ballast sufficient to cause a list, or loss of cargo overboard;
iv
a snagging of fishing gear which results in the vessel heeling to a dangerous angle;
v
a contact by a person with loose asbestos fibre except when full protective clothing is worn; or
vi
an escape of any harmful substance or agent;
if the occurrence, taking into account its circumstances, might have been liable to cause serious injury or to cause damage to the health of any person.
2
In these Regulations–
“access” means the process of embarking on or disembarking from a ship, by whatever means employed;
“the Act” means the Merchant Shipping Act 1995;
“Chief Inspector” means the Chief Inspector of Marine Accidents appointed by the Secretary of State under section 267(1) of the Act, and any Deputy Chief Inspector;
“Court”, in the case of judicial proceedings or an application for disclosure made in England, Wales or Northern Ireland means the High Court; in the case of judicial proceedings or an application for disclosure made in Scotland means the Court of Session;
“disabled” means not under command for a period of more than 12 hours, or for any lesser period if, as a result, the vessel needs assistance to reach port;
“grounds” means making involuntary contact with the ground, except for touching briefly so that no damage is caused;
“hazardous incident” means any event, other than an accident, associated with the operation of a ship which involves circumstances indicating that an accident nearly occurred;
“ IMO ” means the International Maritime Organization;
“incapacity” means inability to undertake the full range of activities normally undertaken;
“inspector” means an inspector of marine accidents appointed by the Secretary of State under section 267(1) of the Act and in the context of the investigation of a particular accident includes any person appointed to investigate that accident under regulation 6;
“major injury” means
any fracture, other than to the fingers, thumbs or toes;
any loss of a limb or part of a limb;
dislocation of the shoulder, hip, knee or spine;
loss of sight (whether temporary or permanent);
penetrating injury to the eye; or
any other injury–
leading to hypothermia or to unconsciousness,
requiring resuscitation, or
requiring admittance to hospital or similar for more than 24 hours or if at sea requiring confinement to bed for more than 24 hours;
“pleasure vessel” has the meaning given to it by the Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 1998 ;
“serious injury” means any injury, other than a major injury, to a person employed or carried in a ship which occurs on board or during access which results in incapacity for more than three consecutive days excluding the day of the accident, or as a result of which the person concerned is put ashore and the ship sails without that person, unless the incapacity is known or advised to be of three consecutive days or less, excluding the day of the accident;
“ship’s boat” includes a liferaft, painting punt and any boat normally carried by a ship;
“United Kingdom ship” means ship registered in the United Kingdom or a ship that is not registered under the law of any State but is eligible for registration in the United Kingdom under the Act.
3
Where a ship is managed by a person other than her owner (whether on behalf of the owner or some other person, or on his own behalf), a reference in these Regulations to the owner shall be construed as including a reference to that person.
4
Any notice or other document required or authorised by any provision of these Regulations to be served on or given to any person may be served or given:
a
by delivering it to that person;
b
by leaving it at his usual or last-known residence or place of business, whether in the United Kingdom or elsewhere;
c
by sending it to him by post at that address; or
d
by sending it to him at that address by telex, facsimile, or other means which produces a document containing a text of the communication, or by electronic mail.
Application
3
1
These Regulations shall apply to accidents involving or occurring on board–
a
any United Kingdom ship, except that regulation 5 shall not apply to pleasure vessels; and
b
any other ship within the United Kingdom or the territorial waters thereof, save that regulations 5 and 7 shall not apply to such a ship unless she is within the defined limits of a port in the United Kingdom or is employed in carrying passengers to or from a port in the United Kingdom.
2
These Regulations apply to serious injuries and hazardous incidents as they apply to accidents, except that:
a
regulations 5 and 7 shall not apply to hazardous incidents; and
b
regulations 5(1) and 5(3)(a) shall not apply to serious injuries.
3
An investigation may be held under regulation 6 into an accident involving or occurring on board a ship which is not a United Kingdom ship and which at the time of the accident was not within the United Kingdom or the territorial waters thereof, if the Secretary of State so determines.
Purpose of investigation
4
The fundamental purpose of investigating an accident under these Regulations is to determine its circumstances and the causes with the aim of improving the safety of life at sea and the avoidance of accidents in the future. It is not the purpose to apportion liability, nor, except so far as is necessary to achieve the fundamental purpose, to apportion blame.
Duty to report accidents and serious injuries
5
1
Subject to paragraphs (2), (3) and (4) when an accident occurs the master shall send a report to the Chief Inspector by the quickest means available and within 24 hours. Reports shall, in so far as is practicable and possible, include the following information:
a
name of ship and IMO, official or fishing vessel number;
b
name and address of owners;
c
name of the master, skipper or person in charge;
d
date and time of the accident;
e
where from and where bound;
f
latitude and longitude or geographical position in which the accident occurred;
g
part of ship where accident occurred if on board;
h
weather conditions;
i
name and port of registry of any other ship involved;
j
number of people killed or injured, together with their names, addresses and gender;
k
brief details of the accident, including, where known, the sequence of events leading to the accident, extent of damage and whether accident caused pollution or hazard to navigation.
2
Where a ship is lost or presumed lost or is abandoned, then such a report shall be sent to the Chief Inspector by the owner, the master, or a senior surviving officer as soon as is practicable by the quickest means available.
3
The master shall, so far as is reasonably practicable, ensure that the circumstances of every accident are examined. The master shall
a
on request provide the Chief Inspector with a report, in addition to any report made under the preceding paragraphs of this regulation, or
b
in the case of serious injuries, within 14 days provide the Chief Inspector with a report
giving the findings of such examination and stating any measures taken or proposed to prevent a recurrence.
4
This regulation shall not apply–
a
to an accident when the person killed or injured is a stevedore or shore-based worker and the accident occurs in a port in the United Kingdom; or
b
to an accident which occurs in a shipyard in the United Kingdom.
Ordering of investigation
6
1
Any accident may be investigated and the Chief Inspector shall decide whether or not an investigation should be carried out and, where a report has been received under regulation 5(1) or 5(3)(b), shall cause the master or owner to be notified of a decision to investigate within 28 days of that accident report or the information referred to in paragraph (2) being received by him.
2
Before making his decision whether or not to investigate an accident, the Chief Inspector may cause to be obtained such information as he considers necessary concerning the accident and any remedial action taken as a result, and the master or owner of the ship concerned and any other relevant person or corporate body shall provide such information to the best of their ability and knowledge.
3
Where the Secretary of State causes a formal investigation into an accident to be held pursuant to section 268 of the Act, any investigation conducted under these Regulations relating to the accident shall be discontinued except for the purpose of rendering assistance to the Court and to the Attorney-General or the Secretary of State.
4
An investigation may be carried out by one or more inspectors of marine accidents appointed under section 267(1) of the Act, or additionally or alternatively by such other person or persons as the Chief Inspector may appoint specifically for the purpose in circumstances where there are not inspectors appointed under the Act conveniently available or where such a person has special qualifications or experience. Such other person or persons shall have the powers conferred on an inspector by section 259 of the Act.
5
Public notice that an investigation has been ordered may be given in such manner as the Chief Inspector may think fit, and may invite any persons who so desire to present useful evidence to the Inspector in such a manner and within such a time as is specified in the notice.
6
The Secretary of State may require the Chief Inspector to investigate any accident or to expand the scope of an investigation into further consequences of an accident, including salvage and pollution aspects. In such circumstances the Chief Inspector may conduct an investigation into the further consequences of an accident which is completely separate and distinct from the investigation into the initial accident.
7
Notwithstanding a decision by the Chief Inspector under paragraph (1) not to investigate an accident, he may at any subsequent time order an investigation if he is satisfied there is good reason to do so.
Preservation of evidence
7
1
The master, owner and any other relevant person or corporate body shall so far as is practicable ensure that all charts, log books, voyage data and other records, electronic and magnetic recording and video tapes and all documents which might reasonably be considered pertinent to an accident reportable under regulation 5 are kept and that no alteration is made to recordings or entries therein, and that any equipment which might reasonably be considered pertinent to the investigation of the accident is so far as practicable left undisturbed, until:
a
notification is received from the Chief Inspector that no investigation is to take place; or
b
unless notified of a decision to investigate, 28 days after receipt by the Chief Inspector of a report referred to in regulation 6(1) or the information referred to in regulation 6(2); or
c
the Chief Inspector or the Inspector carrying out the investigation indicates that he no longer requires them.
2
An inspector may prohibit, pending investigation, access or interference with any ship, ship’s boat or other equipment involved in an accident.
Conduct of investigations
8
1
An inspector shall conduct an investigation at such times and places and in such manner as appear to him most conducive to achieving the fundamental purpose set out in regulation 4.
2
An investigation may extend to cover all events and circumstances preceding the accident which in the opinion of the Inspector may have been relevant to its cause or outcome, and also to cover the consequences of the accident and the Inspector’s powers shall apply accordingly.
3
Every person required to attend before an inspector shall be allowed the reasonable expenses of attending.
4
Any document or record as defined in regulation 7(1), properly required by an inspector to be produced for the purposes of an investigation (whether on board the ship involved or otherwise), may be retained by him until the investigation is completed.
5
Upon completion of an investigation the Inspector shall submit to the Chief Inspector his conclusions as to the facts of the accident and, where the facts cannot be certainly established, his opinion as to the most probable facts. He shall clearly distinguish between established facts and conjecture. He shall also submit his analysis and his findings as to cause together with such observations and recommendations as he thinks fit to make.
6
At any time during the course of an investigation the Chief Inspector may determine that the investigation shall be discontinued, and his reasons for doing so shall be made publicly available.
Disclosure of records
9
1
Except within the context of a report of an investigation, the names, addresses or any other details of anyone who has given evidence to an inspector shall not be disclosed. Neither shall the following records be made available for purposes other than the investigation, unless a Court determines otherwise–
a
all declarations or statements taken from persons by the inspector or supplied to him in the course of his investigation, except as in paragraph (2), together with any notes, tape recordings and photographs;
b
all communications between persons having been involved in the operation of the ship or ships;
c
medical or confidential information regarding persons involved in the accident or hazardous incident;
d
all voyage data and other records, electronic and magnetic recordings, including voice recordings, and video tapes and transcripts from such recordings;
e
any report made under regulation 5;
f
opinions expressed in the analysis of information; and
g
copies of the report other than the final report except as in regulations 10(2)(a) and 10(9).
2
A declaration or statement taken from a person by an inspector in the course of his investigation may be released with the written approval of that person.
Reports of investigations
10
1
Subject to paragraphs (2) and (7), the Chief Inspector shall cause a report of an investigation into an accident conducted pursuant to regulation 6(1), other than an accident the investigation of which is being undertaken on behalf of a State other than the United Kingdom, to be made publicly available in the shortest time possible and in such a manner as he thinks fit.
2
The Chief Inspector shall not make the report publicly available until he has–
a
served a notice under this regulation upon any person or organisation whose reputation is, in the Chief Inspector’s opinion, likely to be adversely affected by the report or, if that person is deceased, upon such person or persons as appear to the Chief Inspector, at the time he proposes to serve notice pursuant to this paragraph, as best to represent the interests and reputation of the deceased in the matter, and
b
considered the representations relating to the report which may be made to him in accordance with paragraph (5) by or on behalf of the persons served with such notice, and amended the report in any manner that he thinks appropriate.
3
The notice referred to in paragraph (2)(a) shall include particulars of any proposed analysis of facts and conclusions as to the cause or causes of the accident which may affect the person on whom or in respect of whom the notice is served.
4
In the event that, in the opinion of the Chief Inspector, no person is likely to be adversely affected by the report, the Chief Inspector is not required to serve notice on anyone.
5
Any representations made pursuant to paragraph (2) shall be in writing and shall be served on the Chief Inspector within 28 days of service of the notice referred to in that paragraph or within such further period as may be allowed under regulation 13.
6
No person shall disclose any information furnished him pursuant to paragraph (2), or permit such information to be disclosed, to any other person, except such legal advisors as are necessary in order to make representations to the Chief Inspector in terms of that paragraph, save with the prior consent in writing of the Chief Inspector.
7
The Secretary of State may direct that the report shall not be made publicly available if he considers that issues relating to national security may be disclosed. The Secretary of State may also direct that deletions are to be made from the report to be made publicly available to protect national security. In such cases the report shall indicate that deletions have been made following a direction given by the Secretary of State.
8
A copy of the report when made publicly available shall be given or sent by the Chief Inspector to:
a
any person who has been served with a notice pursuant to paragraph (2); and
b
those persons or bodies to whom recommendations have been addressed in that report; and
c
the Secretary of State.
9
Where an inquest or fatal accident inquiry is to be held following an accident which has been subject to investigation, a report, which, if it is not the final report of the investigation, may be made available in confidence to the coroner or procurator fiscal by the Chief Inspector.
10
The Chief Inspector shall prepare from time to time collective short reports of any investigations, or examinations referred to in regulation 5(3), to promulgate the lessons learned.
Provided the procedures in paragraph (2), if appropriate, are followed these collective short reports shall be made publicly available.
11
The Chief Inspector may, at his discretion, submit a report to the Secretary of State on any matter arising from his analysis of marine accident investigations.
Recommendations
11
1
Recommendations may be made at any time by the Chief Inspector.
2
Recommendations shall be addressed to those persons or bodies who in the opinion of the Chief Inspector are most fitted to implement them, and shall be made publicly available if the Chief Inspector considers that to do so is in the interests of safety or preventing pollution.
Reopening of investigation
12
1
The Chief Inspector may cause any investigation to be reopened either generally or as to any part thereof, and he shall do so–
a
if after the completion of the investigation in his opinion new and important evidence has been discovered, or
b
if for any other reason there is in his opinion ground for suspecting that a miscarriage of justice has occurred.
2
Any investigation reopened shall be subject to and conducted in accordance with the provisions of these Regulations relating to such an investigation.
Extension of time
13
The Chief Inspector shall have the power to extend the period of 28 days prescribed in regulation 10(5), and shall not unreasonably refuse to do so, and this power may be exercised notwithstanding that the prescribed period has expired.
Penalties
14
1
a
If a master, owner or officer fails without reasonable cause to report an accident as required by regulation 5, or
b
if any person fails without reasonable cause to provide information as required by regulation 6, or
c
if any person falsely claims to have any additional information or new evidence pertaining to the accident,
he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
2
If any person fails without reasonable cause to comply with regulation 7(1), he shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
3
If any person without reasonable cause discloses or permits to be disclosed information in contravention of regulations 9(1) and 10(6), he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Keith Hill
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
13th September 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Highland Communities National Health Service Trust (Establishment) Amendment Order 1999 and shall come into force on 17th February 1999.
2
In this Order “the principal Order ” means the Highland Communities National Health Service Trust (Establishment) Order 1993 .
Amendment of Article 3 of the principal Order
2
For article 3 of the principal Order there shall be substituted the following:–
3
1
The Trust is established for the purposes specified in section 12A(1) of the Act.
2
The Trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the Trust for one or more Health Boards) shall be:–
a
to own and manage under section 12A(1)(a) of the Act and to provide and manage under section 12A(1)(b) of the Act, the hospital establishments or facilities specified in the Schedule to this order and establishments associated with those hospitals, including any refurbishments and replacements thereof and including the management of the facilities provided at and from those establishments, and also including the management of any teaching and research facilities associated with these establishments and the support services related thereto; and
b
to acquire and dispose of land, buildings and other property whether referred to in the Schedule or not, which appears to the Trust to be necessary or expedient for the purpose of, or in connection with the carrying out of its functions referred to in paragraph (2)(a) of this article.
.
Sam Galbraith
Minister for Health, Scottish Office
St Andrew’s House,
Edinburgh
15th February 1999


text:
1
These Regulations may be cited as the Education (Mandatory Awards) (Amendment) Regulations 1999 and shall come into force on 20th July 1999.
2
The Education (Mandatory Awards) Regulations 1998 shall be amended as follows.
3
In regulation 15–
a
in paragraph (1) insert after the word “An” the word “old”;
b
insert after paragraph (1) the following paragraph:
1A
A transitional award shall terminate at the end of the first year of the course.
4
In paragraph 1(1)(d) of Schedule 3–
a
after the word “disability” insert the words “or incapacity”;
b
delete all the words following the words “or by any other person”.
5
In Schedule 5–
a
in paragraph 1(2) for the words “for which he is in gainful employment” substitute the words “during which the student is employed”;
b
in paragraph 2 after the words “the prescribed proportion of” insert the word “the”.
George Mudie
Parliamentary Under-Secretary of State,
Department for Education and Employment
28th June 1999


text:
Title and commencement
1
This Order may be cited as the Home-Grown Cereals Authority (Rate of Levy) Order 1999 and shall come into force on 1st July 1999.
Interpretation
2
In this Order–
a
unless the context otherwise requires, expressions have the same meanings as they have in the Schemes;
b
“the relevant year” means the period of twelve months beginning with 1st July 1999; and
c
“the Schemes” means the Home-Grown Cereals Authority Cereals Levy Scheme 1987, as varied, and the Home-Grown Cereals Authority Oilseeds Levy Scheme 1990.
Rates of levy
3
1
For the relevant year the rates of levy per tonne of cereals delivered, which appear to the Ministers to be sufficient (but not more than sufficient) to meet the amount apportioned to each kind of cereal, shall in each case be–
a
50.8775 pence in respect of dealer levy,
b
47 pence in respect of grower levy,
c
9.69375 pence in respect of standard rate processor levy, and
d
4.7 pence in respect of reduced rate processor levy.
2
For the relevant year the rate of levy per tonne of oilseeds delivered, which appears to the Ministers to be sufficient (but not more than sufficient) to meet the amount apportioned to each kind of oilseed, shall in each case be 76.375 pence.
Donoughue
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
25th May 1999
Sewel
Parliamentary Under Secretary of State, Scottish Office
24th May 1999
Dubs
Parliamentary Under Secretary of State, Northern Ireland Office
25th May 1999
Signed by authority of the Secretary of State for Wales,
Jon Owen Jones
Parliamentary Under Secretary of State, Welsh Office
3rd June 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Scottish Administration (Offices) Order 1999 and shall come into force on 6th May 1999.
2
In this Order, “ the Act ” means the Scotland Act 1998.
Specification of offices
2
As from the date when section 44(1)(c) of the Act comes into force , the following offices are specified for the purposes of section 126(8)(b) of the Act (offices in the Scottish Administration which are not ministerial offices), namely the offices of procurator fiscal and procurator fiscal depute to which appointments may be made under sections 1(2) and 2 respectively of the Sheriff Courts and Legal Officers (Scotland) Act 1927 .
3
As from the principal appointed day , the offices which are mentioned in column 1 of the Schedule to this Order and which are established by, or referred to in, the enactment mentioned in the corresponding entry in column 2 of that Schedule, are also specified for the purposes of section 126(8)(b) of the Act.
A.K. Galloway
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the District of West Wiltshire (Electoral Changes) Order 1999.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 1st May 2003, on 10th October 2002;
b
for all other purposes, on 1st May 2003.
3
In this Order —
“district” means the district of West Wiltshire;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map prepared by the Department of the Environment, Transport and the Regions marked “Map of the District of West Wiltshire (Electoral Changes) Order 1999”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of West Wiltshire
2
1
The existing wards of the district shall be abolished.
2
The district shall be divided into twenty-five wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes, or parish wards, or parishes and parish wards or, where no area is so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, waterway or similar geographical feature, it shall be treated as running along the centre line of the feature.
Wards of the parish of Bradford-on-Avon
3
1
The existing wards of the parish of Bradford-on-Avon shall be abolished.
2
The parish shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 2; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule, and the number of councillors to be elected for each parish ward shall be six.
Wards of the parish of Melksham
4
1
The existing wards of the parish of Melksham shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names set out in column (1) of Schedule 3; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule, and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Melksham Without
5
1
The existing wards of the parish of Melksham Without shall be abolished.
2
The parish shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 4; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule, and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Trowbridge
6
1
The existing wards of the parish of Trowbridge shall be abolished.
2
The parish shall be divided into five parish wards which shall bear the names set out in column (1) of Schedule 5; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule, and the number of councillors to be elected for each parish ward shall be four.
Wards of the parish of Warminster
7
1
The existing wards of the parish of Warminster shall be abolished.
2
The parish shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 6; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule, and the number of councillors to be elected for each parish ward shall be six.
Wards of the parish of Westbury
8
1
The existing wards of the parish of Westbury shall be abolished.
2
The parish shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 7; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule, and the number of councillors to be elected for each parish ward shall be eight.
Revocation
9
The District of West Wiltshire (Electoral Arrangements) Order 1979 is hereby revoked.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Beverley Hughes
Parliamentary Under Secretary of State,
Department of the Environment Transport and the Regions
22nd October 1999


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Stamp Duty Reserve Tax (Amendment No. 2) Regulations 1999 and shall come into force on 6th February 2000.
2
These Regulations shall have effect in relation to any surrender occurring on or after 6th February 2000.
Interpretation
2
In these Regulations–
“the Management Act ” means the Taxes Management Act 1970 ;
“the principal Regulations ” means the Stamp Duty Reserve Tax Regulations 1986 and “regulation” means a regulation of the principal Regulations;
“surrender” shall be construed in accordance with sub-paragraph (1) of paragraph 2 of Schedule 19 to the Finance Act 1999 (surrender of units to managers) and in accordance with that sub-paragraph as modified in relation to open-ended investment companies by the Stamp Duty and Stamp Duty Reserve Tax (Open-ended Investment Companies) Regulations 1997 .
Amendments to the principal Regulations
3
1
Regulation 2 shall be amended as follows.
2
In the definition of “accountable date” –
a
the word “and” immediately following paragraph (b) shall be omitted;
b
after paragraph (c) there shall be added
, and
d
in relation to a surrender, the date which is the fourteenth day of the month following the month in which the relevant two week period ends;
.
3
In the definition of “accountable person” –
a
the word “and” immediately following paragraph (d) shall be omitted;
b
after paragraph (e) there shall be added
, and
f
in relation to a charge on the surrender of a unit under paragraph 2(1) of Schedule 19 to the Finance Act 1999–
i
the managers of the unit trust scheme and, failing that,
ii
the trustees of the unit trust scheme;
g
in relation to a charge on the surrender of a share in an open-ended investment company under paragraph 2(1) of Schedule 19 to the Finance Act 1999–
i
the authorised corporate director of the company and, failing that,
ii
the company;
4
After the definition of “accountable person” there shall be inserted the following definition–
“authorised corporate director” and “open-ended investment company”, have the meanings given by regulation 2 of the Stamp Duty and Stamp Duty Reserve Tax (Open-ended Investment Companies) Regulations 1997;
.
5
After the definition of “relevant transaction” there shall be inserted the following definition–
“relevant two-week period” has the meaning given by paragraph 4(2) of Schedule 19 to the Finance Act 1999;
.
6
After the definition of “Special Commissioners” there shall be inserted the following definition–
“surrender” shall be construed in accordance with paragraph 2(1) of Schedule 19 to the Finance Act 1999 (surrender of units to managers);
.
7
After the definition of “tax” there shall be inserted the following definitions–
“unit” and “unit trust scheme” have the meanings given by paragraph 14 of Schedule 19 to the Finance Act 1999.
4
After regulation 2 there shall be inserted the following regulation–
2A
References in these Regulations to any of the provisions of Schedule 19 to the Finance Act 1999 shall be construed as including references to those provisions as modified in relation to open-ended investment companies by the Stamp Duty and Stamp Duty Reserve Tax (Open-ended Investment Companies) Regulations 1997.
5
In regulation 3 after the words “the Act” there shall be inserted “, or under paragraph 2(1) of Schedule 19 to the Finance Act 1999,”.
6
1
Regulation 4 shall be amended as follows.
2
In paragraph (1) for the words from “An accountable person” to “or where” there shall be substituted the words “Subject to paragraph (3), an accountable person, except where”.
3
After paragraph (2) there shall be added the following paragraph–
3
This regulation shall not apply where–
a
the tax in question has been accounted for by the operator under regulation 4A, or
b
regulation 4B applies to the accountable person.
7
After regulation 4A there shall be inserted the following regulation–
4B
1
An accountable person in relation to a charge to tax on a surrender shall on or before the accountable date–
a
give notice to the Board–
i
detailing all surrenders for which the relevant two-week period ends in the month preceding that in which the accountable date falls, and
ii
setting out the total of any reductions under paragraphs 4 and 5 of Schedule 19 to the Finance Act 1999 of the amounts of tax chargeable on those surrenders;
iii
identifying those surrenders to which paragraph 6 or 7 of Schedule 19 to the Finance Act 1999 applies, and
iv
stating the total amount of tax due and payable, and
b
pay the tax due.
2
A notice under this regulation shall be given–
a
in relation to each unit trust scheme of which the accountable person is the manager or trustee; and
b
in relation to each open-ended investment company of which the accountable person is the authorised corporate director, or in relation to an open-ended investment company which is the accountable person.
3
A notice under this regulation shall be in such form as the Board may prescribe or authorise and shall contain such information as they may reasonably require for the purposes of the Act and Part II of Schedule 19 to the Finance Act 1999.
8
1
Regulation 6 shall be amended as follows.
2
In paragraph (1) after the word “transaction” in all places where it appears there shall be inserted the words “or surrender”.
3
In paragraph (4)–
a
after the word “transaction” there shall be inserted the words “or surrender”;
b
in sub-paragraph (a) for “4 or 4A” there shall be substituted “4, 4A, or 4B”.
4
In paragraph (6) after the words “the Act” there shall be inserted the words “, and, where appropriate, Part II of Schedule 19 to the Finance Act 1999”
.
9
In regulation 7–
a
For the words from “If on a claim” to “section 91 of the Act,” there shall be substituted the following–
If on a claim–
a
in relation to a charge under section 87 of the Act, an accountable person or an operator, other than a person liable under section 91 of the Act, or
b
in relation to a charge under paragraph 2(1) of Schedule 19 to the Finance Act 1999, an accountable person, other than a person liable under paragraph 2(3) of that Schedule,
;
b
for “4 or 4A” there shall be substituted “4, 4A or 4B”.
10
1
Regulation 13 shall be amended as follows.
2
In paragraph (1)–
a
after the word “transaction” there shall be inserted the words “or surrender”;
b
for “4 or 4A” there shall be substituted “4, 4A or 4B”.
3
In paragraph (2)–
a
after the words “the Act” there shall be inserted the words “or under paragraph 2(1) of Schedule 19 to the Finance Act 1999,”;
b
for “4 or 4A” there shall be substituted “4, 4A or 4B”.
11
In regulation 14(1) after the word “transaction” there shall be inserted the words “or surrender”.
Amendments to Part I of the Schedule to the principal Regulations
12
1
The Table in Part I of the Schedule to the principal Regulations (which applies the provisions of the Management Act specified in the first column of that Table subject to any modification specified in the second column of that Table) shall be amended as follows.
2
In the entries relating to sections 93(1) , 95(1) and 99 for “4 or 4A” there shall be substituted “4, 4A or 4B”.
3
In the entry relating to section 98 in the second column for “4 and 4A” there shall be substituted “4, 4A and 4B”.
Amendments to Part II of the Schedule to the principal Regulations
13
1
Part II of the Schedule to the principal Regulations (which restates the provisions of the Management Act specified in Part I of that Schedule as modified where appropriate) shall be amended as follows.
2
In sections 93(1), 95(1)(a) and 99 (as so modified) for “4 or 4A” there shall be substituted “4, 4A or 4B”.
3
In the second column of the Table in section 98 (as so modified) for “4 and 4A” there shall be substituted “4, 4A and 4B”.
Bob Ainsworth
Greg Pope
Two of the Lords Commissioners of Her Majesty’s Treasury
7th December 1999


text:
Title, commencement, extent and interpretation
1
1
This Order may be cited as the Food (Animals and Animal Products from Belgium) (Emergency Control) (England and Wales) Order 1999, shall come into force on 21st July 1999 and shall extend to England and Wales.
2
In this Order–
“ the Act ” means the Food Safety Act 1990;
“animal” includes any bird;
“the Commission Decision” means Commission Decision 1999/449/ EC on protective measures with regards to contamination by dioxins of certain animal products intended for human or animal consumption ;
“free circulation” shall be construed in accordance with Article 23.2 of the Treaty establishing the European Community;
“member State” means a member State of the European Community other than Belgium or the United Kingdom;
“port health authority” includes a port local authority and a joint port local authority; and
“relevant animal or animal product” means an entity coming within any of the following descriptions–
live animals and hatching eggs as referred to in Article 3 of the Commission Decision;
products of Belgian origin covered by Article 1.4 of the Commission Decision, and
products which are derived or partly derived from live animals or hatching eggs referred to in sub-paragraph (a) above or contain any of the products referred to in sub-paragraph (b) above,
but only includes food and food sources.
3
Other expressions used both in this Order and in the Commission Decision have, in so far as the context admits, the same meaning in this Order as they bear in that Decision.
Exemptions
2
1
Article 3 hereof shall not apply to–
a
the importation of any food or food source if, when imported, that food or food source is accompanied by valid certification relating to it, as specified in paragraph (3) below;
b
any subsequent commercial operations in relation to the food or food source if it can be proved by the person carrying out the operation that at the time of importation it was so accompanied; or
c
the return to Belgium, under cover of an official certificate in accordance with Article 5 of the Commission Decision, of any product covered by this Order.
2
Article 5 hereof shall not, save for sub-paragraphs (a) and (b) of paragraph (1) thereof, apply to any imported food or food source which is accompanied by valid certification relating to it as specified in paragraph (3) below.
3
The certification to which paragraphs (1)(a) and (b) and (2) above apply is–
a
in the case of live domestic fowls or hatching eggs as referred to in Article 2.2 of the Commission Decision, an official declaration signed by the Belgian competent authority in the form called for by that Article, as read with Article 2.4 of that Decision;
b
in the case of bovine animals or pigs as referred to in Article 2.3 of the Commission Decision, an official declaration signed by the Belgian competent authority in the form called for by that Article, as read with Article 2.4 of that Decision;
c
in the case of products referred to in Article 2.1 of the Commission Decision, an official certificate signed by the Belgian competent authority in the form called for by that Article, as read with Article 2.4 of that Decision.
Prohibitions
3
1
Subject to paragraph (2) below, no person shall carry out commercial operations with respect to any relevant animal or animal product.
2
Paragraph (1) above shall not be taken to prohibit the bringing into England and Wales, from a member State, of any relevant animal or animal product in free circulation in that member State.
Enforcement
4
1
This Order shall be enforced and executed by the Minister of Agriculture, Fisheries and Food, the Secretary of State and by each food authority and port health authority within its area or district as appropriate.
2
For the purposes of the return to Belgium of any product as specified in article 2(1)(c) hereof, the competent authority for the purposes of the official certificate shall be the Minister of Agriculture, Fisheries and Food, the Secretary of State or any authorised officer of a food authority.
3
Each port health authority or food authority, as appropriate, shall give such assistance and information to the Minister as he may request for the purpose of his duties under section 13 of the Act in relation to the implementation of the Commission Decision with respect to food and food sources.
Application and modification of various provisions of the Act
5
1
Section 9 of the Act (inspection and seizure of suspected food) shall apply for the purposes of this Order, subject to the following modifications–
a
the references in subsections (1) and (2) to “food authority” shall be construed as including reference to a port health authority, the Minister of Agriculture, Fisheries and Food and the Secretary of State;
b
subsections (1) and (2) shall extend to food and food sources which appear to an authorised officer to come within the definition of “relevant animal or animal product”;
c
subsections (3) to (9) thereof shall apply–
i
to any food or food source falling within sub-paragraph (b) above as it applies to food which appears to an authorised officer to fail to comply with food safety requirements or to be likely to cause food poisoning or any disease communicable to human beings, and
ii
to any relevant animal or animal product as if it were food which failed to comply with food safety requirements,
save that where a notice under subsection (3)(a)(i) is given in relation to a food source, the notice is to relate to food which may come to be derived from the food source, that subsection (6) thereof shall apply in relation to the destruction or disposal of a food source so as to prevent food which may come to be derived from it from being used for human consumption, and that a justice of the peace shall decline to condemn food or food sources falling within sub-paragraph (b) above under subsection (6) thereof if and only if it is proved to him that they do not comprise relevant animals or animal products, or that they are to be returned to Belgium as specified in article 2(1)(c) hereof.
2
The following provisions of the Act shall apply, subject to paragraph (3) below, for the purposes of this Order and any reference in those provisions to the Act shall be construed for the purposes of this Order as a reference to this Order–
a
section 33 (obstruction etc. of officers);
b
section 35(1) (punishment of offences) in so far as it relates to offences under section 33 as applied by sub-paragraph (a) above; and
c
section 44 (protection of officers acting in good faith).
3
In section 44 of the Act the references to “food authority” shall be construed as including reference to a port health authority.
Revocation
6
The Food (Animals and Animal Products for Belgium) (Emergency Control) Order 1999 and the Food (Animals and Animal Products from Belgium) (Emergency Control) (Amendment) Order 1999 are hereby revoked in relation to England and Wales.
Nick Brown
Minister of Agriculture, Fisheries and Food
19th July 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Borough of Guildford (Electoral Changes) Order 1999.
2
This Order shall come into force–
a
for the purpose of all proceedings preliminary or relating to any election to be held on 1st May 2003, on 10th October 2002.
b
for all other purposes, on 1st May 2003.
3
In this Order–
“the borough” means the borough of Guildford;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map prepared by the Department of the Environment, Transport and the Regions marked “Map of the Borough of Guildford (Electoral Changes) Order 1999”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of Guildford
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into twenty-two wards which shall bear the names set out in column (1) of the Schedule.
3
The wards shall comprise the areas described in column (2) of the Schedule by reference to parishes or, where no area is so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of the Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, waterway or similar geographical feature, it shall be treated as running along the centre line of the feature.
Wards of the parish of Ash
3
1
The existing wards of the parish of Ash shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names Ash South, Ash Vale and Ash Wharf.
3
The parish wards of Ash Vale and Ash Wharf shall be coterminous with the borough wards bearing the same name and the Ash South parish ward shall consist of the rest of the parish.
4
The number of parish councillors to be elected for each parish ward shall be four.
Worplesdon parish
4
1
The number of parish councillors to be elected for Worplesdon parish council shall be sixteen.
2
The number of councillors to be elected–
a
for the existing parish wards of Fairlands and Wood Street shall be five; and
b
for the existing parish wards of Jacob’s Well and Perry Hill shall be three.
Revocation
5
The Borough of Guildford (Electoral Arrangements) Order 1975 is hereby revoked.
Signed by authority of the Secretary of State of the Environment, Transport and the Regions
Beverley Hughes
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
6th September 1999


text:
Citation, commencement and revocation
1
1
This Order may be cited as the Education (School Teachers' Pay and Conditions) (No. 2) Order 1999 and shall come into force on 1st September 1999.
2
The Education (School Teachers' Pay and Conditions) (No. 2) Order 1998 and the Education (School Teachers' Pay and Conditions) Order 1999 are hereby revoked.
Application
2
This Order applies to school teachers (as defined in section 5(1) and (2) of the Act ) in England and Wales.
School Teachers' Pay and Conditions
3
It is hereby directed that the provisions set out in the document published by Her Majesty’s Stationery Office and entitled “School Teachers' Pay and Conditions Document 1999” shall have effect from 1st September 1999.
Estelle Morris
Minister of State,
Department for Education and Employment
27th July 1999


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Friendly Societies (Gilt-edged Securities) (Periodic Accounting for Tax on Interest) Regulations 1999 and shall come into force on 30th March 1999 immediately after the coming into force of the Insurance Companies (Gilt-edged Securities) (Periodic Accounting for Tax on Interest) Regulations 1999 and the Friendly Societies (Provisional Repayments for Exempt Business) Regulations 1999 .
2
These Regulations have effect as respects payments of interest on relevant gilt-edged securities made without deduction of tax to a friendly society that fall within an accounting period of that society beginning before 1st April 1999 and ending on or after 1st July 1999, not being payments to which section 51B(5A) of the Taxes Act refers.
Interpretation
2
In these Regulations unless the context otherwise requires–
“amount of excess gilt interest received” has the same meaning as in the Gilts Regulations ;
“exempt business” means any business of a friendly society the profits arising from which are exempt from income tax and corporation tax under section 460(1) , 461(1) or 461B(1) of the Taxes Act, not being a business carried on by a friendly society all of whose profits are so exempt;
“the Friendly Societies Regulations ” means the Friendly Societies (Provisional Repayments for Exempt Business) Regulations 1999;
“the Gilts Regulations” means the Gilt-edged Securities (Periodic Accounting for Tax on Interest) Regulations 1995 ;
“relevant gilt-edged securities” has the meaning given by section 51B(5) of the Taxes Act;
“return period” has the same meaning as in the Gilts Regulations;
“Schedule 19AB” means Schedule 19AB to the Taxes Act ;
“the Taxes Act” means the Income and Corporation Taxes Act 1988.
Basic rule
3
1
Notwithstanding the provisions of the Gilts Regulations, a friendly society carrying on both exempt business and business other than exempt business shall not be required to include in its return for a return period–
a
the amount of tax on the amount of excess gilt interest received in relation to which the condition specified in paragraph (2) below is satisfied, or
b
the appropriate portion of the amount of excess gilt interest received.
2
The condition specified is that the amount of tax referred to in paragraph (1)(a) above is identified in a claim, made by the specified date, for a notional repayment made pursuant to paragraph 1A(1) of Schedule 19AB (as inserted by regulation 6 of the Insurance Companies (Gilt-edged Securities) (Periodic Accounting for Tax on Interest) Regulations 1999).
3
In paragraph (1)(b) above “the appropriate portion” has the meaning given by paragraph 1A(7) of Schedule 19AB (as so inserted).
4
In paragraph (2) above “the specified date” means–
a
the date which is 14 days after the end of the return period, or
b
where the return for the return period is made on a date less than 14 days after the end of the return period, that date.
Modifications of the Friendly Societies Regulations
4
In relation to cases where payments of interest on relevant gilt-edged securities are made without deduction of tax to friendly societies carrying on exempt business, the Friendly Societies Regulations shall have effect with the modifications specified in regulations 5 to 8.
5
1
Paragraph (2) below specifies a modification of regulation 8.
2
After paragraph (2) of that regulation there shall be inserted the following paragraphs–
2A
In sub-paragraph (2A) for the words “insurance companies carrying on pension business” there shall be substituted the words “friendly societies carrying on tax exempt business”.
2B
In sub-paragraph (2B) –
a
for the words “a company” there shall be substituted the words “a society”;
b
for paragraphs (a) and (b) there shall be substituted the following paragraphs–
a
shall begin whenever–
i
the society begins, at a time when it is carrying on only tax exempt business, to carry on business other than tax exempt business;
ii
the society begins, at a time when it is carrying on only business other than tax exempt business, to carry on tax exempt business; or
iii
the accounting period of the society beginning before 1st April 1999 and ending on or after 1st July 1999 begins, at a time when the society is carrying on both tax exempt business and business other than tax exempt business; and
b
shall end on 31st March 1999.
6
After regulation 8 there shall be inserted the following regulation–
Modifications of paragraph 1A of Schedule 19AB
8A
1
Paragraphs (2) to (10) specify modifications of paragraph 1A of Schedule 19AB in relation to exempt business of a friendly society.
2
In sub-paragraph (1)–
a
for the words “An insurance company carrying on pension business” there shall be substituted the words “A friendly society carrying on both tax exempt business and business other than tax exempt business”;
b
for the words “its pension business” there shall be substituted the words “its tax exempt business”.
3
For sub-paragraph (2) there shall be substituted the following sub-paragraph–
2
No repayment shall be made to a society in respect of any claim to a notional repayment; but the notional repayment shall be taken to be the amount of tax referred to in regulation 3(1) of the Friendly Societies (Gilt-edged Securities) (Periodic Accounting for Tax on Interest) Regulations 1999.
4
In sub-paragraph (3)–
a
for the words “a company” there shall be substituted the words “a society”;
b
for paragraphs (a) and (b) there shall be substituted the following paragraphs–
a
shall begin whenever–
i
the society begins, at a time when it is carrying on only tax exempt business, to carry on business other than tax exempt business;
ii
the society begins, at a time when it is carrying on only business other than tax exempt business, to carry on tax exempt business; or
iii
the accounting period of the society beginning before 1st April 1999 and ending on or after 1st July 1999 begins, at a time when the society is carrying on both tax exempt business and business other than tax exempt business; and
b
shall end on 31st March 1999.
5
In sub-paragraph (5) for the word “company” (wherever occurring) there shall be substituted the word “society”.
6
For sub-paragraph (7) there shall be substituted the following paragraphs–
7
In sub-paragraph (1) above “the appropriate portion” means–
a
where the payment in question is either an amount of manufactured gilt interest received or an amount of real gilt interest received and is income arising from–
i
assets linked to tax exempt basic life assurance and general annuity business or to tax exempt class IV business, or
ii
assets other than those of the society’s long term business fund,
the whole;
b
where the payment in question is as mentioned in paragraph (a) above but is income arising from the society’s overseas life assurance fund, the fraction whose numerator is the mean of the opening and closing liabilities to policyholders in respect of the society’s tax exempt overseas life assurance business and whose denominator is the mean of the opening and closing liabilities to policyholders in respect of the whole of the society’s overseas life assurance business;
c
where the payment in question is as mentioned in paragraph (a) above but is not referable to a category of business by virtue of subsection (3) or (4) of section 432A , the provisional fraction;
d
where the payment in question is an amount of manufactured gilt interest paid in respect of–
i
assets linked to tax exempt basic life assurance and general annuity business or to tax exempt class IV business, or
ii
assets other than those of the society’s long term business fund,
the whole;
e
where the payment in question is as mentioned in paragraph (d) above but is paid in respect of income arising from assets of the society’s overseas life assurance fund, the fraction whose numerator is the mean of the opening and closing liabilities to policyholders in respect of the society’s tax exempt overseas life assurance business and whose denominator is the mean of the opening and closing liabilities to policyholders in respect of the whole of the society’s overseas life assurance business;
f
where the payment in question is as mentioned in paragraph (d) above but is not referable to a category of business by virtue of subsection (3) or (4) of section 432A, the provisional fraction;
g
except as provided by paragraphs (a) to (f) above, none.
7A
In determining the provisional fraction for the purposes of sub-paragraph (7)(c) and (f) above, tax exempt basic life assurance and general annuity business and tax exempt class IV business shall be taken to be a single category for the purposes of section 432A(5).
7B
In sub-paragraph (7) above references to assets of the society’s long term business fund–
a
as respects societies referred to in paragraph (1) of regulation 13 of the Friendly Societies (Modification of the Corporation Tax Acts) Regulations 1997 , shall be construed in accordance with the definition in subsection (11) of section 432A, read with subsections (12) to (14) of that section, as those subsections are added by paragraph (5) of regulation 13 of those Regulations;
b
as respects other societies, shall be construed in accordance with the definitions of “long term business” (as substituted by regulation 6(4) of those Regulations) and “long term business fund” in section 431(2) .
7C
In sub-paragraphs (7) and (7A) above–
“tax exempt basic life assurance and general annuity business” shall be construed in accordance with the definition inserted in section 431(2) by regulation 6(2) of the Friendly Societies (Modification of the Corporation Tax Acts) Regulations 1997;
“tax exempt class IV business” shall be construed in accordance with the definition inserted in section 431(2) by regulation 7(2) of those Regulations;
“tax exempt overseas life assurance business” shall be construed in accordance with section 441(4D) .
7
In sub-paragraph (8)–
a
for the words “sub-paragraph (7)(b)(iv)” there shall be substituted the words “sub-paragraph (7)(c) and (f)”;
b
for the word “company's” there shall be substituted the word “society's”.
7
1
Paragraph (2) below specifies a modification of regulation 9.
2
In paragraph (2) of that regulation after “(3)” there shall be inserted “, (3A) and (3B)” .
8
1
Paragraphs (2) to (4) below specify modifications of regulation 10.
2
In paragraph (2)(b) of that regulation after the words ““the company”” there shall be inserted the words “(wherever occurring)”.
3
After paragraph (5) of that regulation there shall be inserted the following paragraph–
5A
In sub-paragraph (1CA) –
a
for the word “company” (wherever occurring) there shall be inserted the word “society”;
b
for the words “pension business” there shall be substituted the words “tax exempt business”.
4
In paragraph (6) of that regulation after the word ““company”” there shall be inserted the words “(wherever occurring)”.
Revocations
9
The Friendly Societies (Gilt-edged Securities) (Periodic Accounting for Tax on Interest) Regulations 1996 and the Friendly Societies (Gilt-edged Securities) (Periodic Accounting for Tax on Interest) (Amendment) Regulations 1997 are hereby revoked as respects any payments of interest on relevant gilt-edged securities in relation to which, by virtue of regulation 1(2) of these Regulations, these Regulations have effect.
David Jamieson
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
9th March 1999


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Education Act 1996 (Special Purpose and Capital Grants) (Modification) Regulations 1999 and shall come into force on 1st March 1999.
2
In these Regulations “the 1996 Act ” means the Education Act 1996 .
Payment of special purpose grants by the Secretary of State
2
Section 245 of the 1996 Act (special purpose grants) shall apply in relation to the payment of special purpose grant in respect of financial years commencing on or after 1st April 1999 as if, in subsection (1)–
a
for references to “the funding authority” there were substituted references to “the Secretary of State”;
b
the reference to governing bodies of grant-maintained schools included, in relation to the period commencing on 1st September 1999, a reference to schools which immediately before that date were grant-maintained or grant-maintained special schools; and
c
the reference in paragraph (c) to maintenance grant were a reference to schools' budget shares within the meaning of Part II of the School Standards and Framework Act 1998.
3
Section 247 of the 1996 Act (imposition of requirements on governing body in receipt of grant) shall apply in relation to the payment of special purpose grant in respect of financial years commencing on or after 1st April 1999 as if–
a
in subsections (1), (2) and (6) for references to “the funding authority” there were substituted references to “the Secretary of State”;
b
for subsection (3)(b) there were substituted–
b
may at any time be waived or removed or, subject to subsection (4), varied by the Secretary of State;
;
c
for subsection (4) there were substituted–
4
The power of the Secretary of State to vary such a requirement–
a
does not apply to a requirement of the kind mentioned in subsection (2)(a); and
b
is subject, in the case of a requirement of the kind mentioned in subsection (2)(b), to the provisions of the regulations relating to the determination of the requirements that may be imposed in the case of payments in respect of the grants in question.
;
d
subsections (5), (8) and (9) were omitted.
Imposition of requirement on governing body in receipt of special purpose or capital grant
4
Section 247 of the 1996 Act shall apply in relation to the payment of special purpose grant and capital grant as if there were inserted the following subsection–
8A
The requirements–
a
which may be specified in or authorised by grant regulations as requirements which may be imposed on governing bodies to whom payments are or have been made in respect of special purpose grant; or
b
which may be imposed by the Secretary of State on a governing body to whom payments in respect of capital grant are or have been made,
may, in cases where such grant has been paid on the basis of assumptions which have, in the opinion of the Secretary of State, proved to be incorrect, require the repayment to the Secretary of State of all or part of the payments made in respect of that grant.
.
5
Section 248(1) and (4) of the 1996 Act (further provisions about grants) shall apply in relation to the payment of special purpose grant in respect of financial years commencing on or after 1st April 1999 as if–
a
for references to “the funding authority” there were substituted references to “the Secretary of State”; and
b
in subsection (4) for “them” there were substituted “him”.
Estelle Morris
Minister of State,
Department for Education and Employment
8th February 1999


text:
Citation and commencement
1
This Order may be cited as the Magistrates' Courts Committee Areas Order 1999 and shall come into force on 1st December 1999.
Magistrates' courts committee areas
2
1
Each of the magistrates' courts committees in England outside Greater London specified in column 1 of Part I of the Schedule to this Order comprises the local government areas set out opposite the name of that committee in column 2 of Part I of the Schedule to this Order.
2
Each of the magistrates' courts committees in Wales specified in column 1 of Part II of the Schedule to this Order comprises the local government areas set out opposite the name of that committee in column 2 of Part II of the Schedule to this Order.
Signed by the authority of the Lord Chancellor
Jane Kennedy
Parliamentary Secretary
Lord Chancellor’s Department
3rd November 1999