text:
Citation and commencement
1
These Regulations may be cited as the Good Laboratory Practice Regulations 1999 and shall come into force on 14th December 1999.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“batch” means a specific quantity or lot of a test or reference item produced during a defined cycle of manufacture in such a way that it could be expected to be of a uniform character;
“experimental starting date” means the date on which the first study specific data are collected;
“experimental completion date” means the last date on which data are collected from the study;
“good laboratory practice instrument” means a document which comprises, or includes —
an endorsement by a monitoring authority of a claim by a test facility that the tests that it carries out comply with the principles of good laboratory practice;
a statement by a monitoring authority on the level of adherence of a test facility or a test site to the principles of good laboratory practice (including a statement that the facility or site has been found to be operating in compliance with the said principles or with these Regulations);
a statement by any other person for submission, or which may be submitted, to a regulatory authority on the level of adherence of a test facility or test site, or any part of a test facility or test site, to the principles of good laboratory practice (including a statement that the facility or site operates in compliance with the said principles or with these Regulations);
a statement by any person for submission, or which may be submitted, to a regulatory authority that he is a member of the United Kingdom good laboratory practice compliance programme;
a report issued by a monitoring authority as a result of a study audit or a test facility or test site inspection;
a statement by any person for submission, or which may be submitted, to a regulatory authority about the level of adherence of a regulatory study, or any phase of a regulatory study, to the principles of good laboratory practice (including a statement that the study, or phase of a study, was conducted in compliance the said principles or with these Regulations),
and for the purposes of this definition, the “principles of good laboratory practice” means the said principles howsoever described;
“master schedule” means a compilation of information to assist in the assessment of workload and for the tracking of studies at a test facility;
“monitoring authority” means an authority in any country or territory which is responsible (either solely or jointly with other such authorities) for monitoring the good laboratory practice compliance of test facilities;
“ OECD ” means the Organisation for Economic Co-operation and Development;
“OECD test guideline” means a test guideline which the OECD has recommended for use in its member countries;
“operator”, in relation to a test facility, means the person having control of the test facility;
“premises”, in relation to a test facility, includes field sites at which phases of regulatory studies are conducted;
“principal investigator” means an individual who, for a multi-site regulatory study, acts on behalf of the study director and has defined responsibility for one or more delegated phases of the study;
“principles of good laboratory practice” means —
the principles of good laboratory practice set out in Schedule 1, which are based on the Good Laboratory Practice Principles set out in Section II of the Annex to Council Directive 87/18/ EC C on the harmonisation of laws, regulations and administrative provisions relating to the application of the principles of good laboratory practice and the verification of their applications for tests on chemical substances, as amended by Commission Directive 1999/11/EC adapting to technical progress the principles of good laboratory practice as specified in Council Directive 87/18/ EEC ; read with
the revised guidance for the conduct of test facility inspections and study audits set out in Schedule 2, which is based on part of the Revised Guidance for the Conduct of Test Facility Inspections and Study Audits in the Annex to Council Directive 88/320/EEC on the inspection and verification of good laboratory practice ( GLP ), as amended by Commission Directive 1999/12/EC adapting to technical progress for the second time the Annex to Council Directive 88/320/EEC ;
“quality assurance programme” means a defined system, including personnel, which is independent of study conduct and is designed to assure test facility management of compliance with the principles of good laboratory practice;
“raw data” means all original test facility records and documentation, or verified copies thereof, which are the result of the original observations and activities in a regulatory study;
“reference item” means any article used to provide a basis for comparison with a test item;
“regulatory authority” means any authority in any country or territory with legal responsibility for aspects of the control of chemicals or items of natural or biological origin;
“regulatory study” means a non-clinical experiment or set of experiments —
in which an item is examined under laboratory conditions or in the environment in order to obtain data on its properties or its safety (or both) with respect to human health, animal health or the environment;
the results of which are, or are intended, for submission to the appropriate regulatory authorities; and
compliance with the principles of good laboratory practice is required in respect of that experiment or set of experiments by the appropriate regulatory authorities (whether or not compliance with the said principles in respect of that experiment or set of experiments is also a legislative requirement);
“short-term study” means a regulatory study of short duration with widely used, routine techniques;
“specimen” means any material derived from a test system for examination, analysis, or retention;
“sponsor” means a person who commissions, supports and/or submits a regulatory study;
“standard operating procedures” means the documented procedures which describe how to perform tests or activities normally not specified in detail in study plans or test guidelines;
“study completion date” means the date the study director signs the final report;
“study director” means the individual responsible for the overall conduct of the regulatory study;
“study initiation date” means the date the study director (first) signs the study plan;
“study plan” means a document which defines the objectives and experimental design for the conduct of a regulatory study, and includes any study plan amendments;
“study plan amendment” means an intended change to the study plan after the study initiation date;
“study plan deviation” means an unintended departure from the study plan after the study initiation date;
“test facility” means a facility which conducts or intends to conduct regulatory studies;
“test item” means an article that is the subject of a regulatory study;
“test site” means a location at which a phase of a regulatory study is conducted;
“test system” means any biological, chemical or physical system or a combination thereof used in a regulatory study;
“vehicle” means any agent which serves as a carrier used to mix, disperse, or solubilise the test or reference item to facilitate the administration or application to the test system.
2
In these Regulations, unless the context otherwise requires, a reference —
a
to a numbered regulation or Schedule is to the regulation in or Schedule to these Regulations bearing that number;
b
in a regulation to a numbered or lettered paragraph is to the paragraph of that regulation bearing that number or letter; and
c
in a paragraph to a numbered or lettered sub-paragraph is to the sub-paragraph in that paragraph bearing that number or letter.
The Good Laboratory Practice Monitoring Authority
3
1
The body responsible for enforcing compliance with these Regulations shall be the Good Laboratory Practice Monitoring Authority, a body consisting of the Secretary of State for Health, the National Assembly for Wales, the Scottish Ministers and the Department of Health and Social Services for Northern Ireland.
2
The functions of the Good Laboratory Practice Monitoring Authority may be performed by any one of the Secretary of State for Health, the National Assembly for Wales, the Scottish Ministers or the Department of Health and Social Services for Northern Ireland acting alone, or any two or more of them acting jointly.
3
In accordance with the preceding provisions of this regulation, in these Regulations, “the Good Laboratory Practice Monitoring Authority” (“the GLPMA ”) means any one or more of the Secretary of State for Health, the National Assembly for Wales, the Scottish Ministers and the Department of Health and Social Services for Northern Ireland, and, in the case of anything falling to be done by the GLPMA, means any one or more of them acting as mentioned in paragraph (2).
4
The GLPMA may appoint such persons as they think necessary for the proper discharge by them of their functions, and those persons shall be appointed upon such terms and conditions (including conditions as to remuneration, benefits, allowances and reimbursement for expenses) as the GLPMA think fit.
Requirement to be a member or a prospective member of the United Kingdom good laboratory practice compliance programme
4
A regulatory study shall not be conducted at any premises of a test facility unless —
a
the operator of the test facility is regarded by virtue of regulation 5 or 6 as a member or a prospective member of the United Kingdom good laboratory practice compliance programme (hereafter referred to as “the UK GLP compliance programme”); and
b
the operator’s membership or prospective membership of that programme is or is partly in respect of those premises,
and if a regulatory study is conducted at any premises in contravention of this regulation, the operator of that test facility shall be guilty of an offence.
Prospective membership of the United Kingdom good laboratory practice compliance programme
5
1
An operator of a test facility shall, for the purposes of these Regulations, be regarded as being a prospective member of the UK GLP compliance programme in respect of particular premises only if —
a
he has informed the GLPMA by notice in writing of the intention to conduct regulatory studies at those premises;
b
the GLPMA has in writing —
i
acknowledged receipt of that notification, and
ii
informed the operator that he is a prospective member of the programme in respect of those premises,
and he has not ceased to be regarded as a prospective member of the programme in respect of those premises by virtue of paragraph (2).
2
An operator of a test facility shall cease to be regarded as a prospective member of the UK GLP compliance programme in respect of particular test facility premises if —
a
he is admitted to membership of the programme in respect of those premises by the GLPMA;
b
he informs the GLPMA in writing that he no longer conducts or intends to conduct regulatory studies at those premises; or
c
subject to paragraph (3), the GLPMA inform him in writing that they are not prepared to admit him to membership of the programme in respect of those premises.
3
The GLPMA shall, before informing a prospective member of the UK GLP compliance programme they are not prepared to admit him to membership of the programme in respect of particular test facility premises —
a
inform the prospective member that they are considering taking such action and explain to him in writing the reasons why such action is being considered;
b
give the operator a specified period within which to make representations to the GLPMA; and
c
consider any representations which are duly made and not withdrawn,
unless, for either of the reasons set out in paragraph (4), it is necessary for the GLPMA to inform the prospective member immediately that they are not prepared to admit him to membership of the programme in respect of those premises.
4
The reasons referred to in paragraph (3) are that —
a
there is a failure to adhere to the principles of good laboratory practice at those premises which, in the opinion of the GLPMA, may contribute towards precipitating a danger to animal or human health or to the environment; or
b
to ensure fulfilment of a Community obligation.
Membership of the United Kingdom good laboratory practice compliance programme
6
1
Subject to paragraph (2) and except where paragraph (5), (6) or (7) applies, the operator of a test facility shall be regarded as being a member of the UK GLP compliance programme in respect of particular test facility premises if —
a
he was regarded as being a member of the programme in respect of those premises immediately before these Regulations come into force by virtue of regulation 6 of the Good Laboratory Practice Regulations 1997 ; or
b
after having inspected those premises, the GLPMA have informed the operator in writing that they are admitting the operator to membership of the programme in respect of those premises.
2
The operator of a test facility shall cease to be a member of the UK GLP compliance programme in respect of particular test facility premises if —
a
he has informed the GLPMA in writing that regulatory studies are no longer conducted at those premises; or
b
membership of the programme in respect of those premises has been withdrawn by the GLPMA in accordance with paragraph (3).
3
Subject to paragraph (4), the GLPMA may by a notice in writing served on the operator of a test facility withdraw the operator’s membership of the UK GLP compliance programme in respect of particular test facility premises if —
a
the operator, in the opinion of the GLPMA, no longer intends to conduct regulatory studies at those premises;
b
the operator is, in the opinion of the GLPMA, not capable of ensuring that the principles of good laboratory practice are adhered to at those premises; or
c
at those premises there is a failure to adhere to the principles of good laboratory practice which, in the opinion of the GLPMA, may contribute towards precipitating a danger to animal or human health or to the environment.
4
Before serving a notice on an operator of a test facility under paragraph (3)(a) or (b), the GLPMA shall —
a
inform the operator in writing that they are considering serving such a notice and explain to him in writing the reasons why they are considering serving such a notice;
b
give the operator a specified period within which to make representations to him; and
c
consider any representations which are duly made and not withdrawn,
unless, in order to ensure fulfilment of any Community obligation, it is necessary for the GLPMA to serve the notice immediately.
5
Where an operator of a test facility has ceased to be a member of the UK GLP compliance programme in respect of particular test facility premises on the grounds set out in paragraph (2)(a), or membership of the programme in respect of particular test facility premises has been withdrawn from him on the grounds set out in paragraph (3)(a), he shall again be regarded as being a member of the programme in respect of those premises if —
a
he has informed the GLPMA by notice in writing of the intention to conduct further regulatory studies at those premises;
b
he has become a prospective member of the programme in respect of those premises in accordance with the procedure set out in regulation 5; and
c
after having inspected those premises, the GLPMA has informed the operator in writing of his readmission to membership of the programme in respect of those premises.
6
Where membership of the UK GLP compliance programme has been withdrawn from an operator of a test facility in respect of particular test facility premises on the grounds set out in paragraph (3)(b), he shall again be regarded as being a member of the programme in respect of those premises if —
a
he has informed the GLPMA by notice in writing of the intention to conduct further regulatory studies at those premises; and
b
the GLPMA —
i
are of the opinion that the operator is capable of ensuring that the principles of good laboratory practice are adhered to at those premises, and
ii
have informed the operator in writing of his readmission to membership of the programme in respect of those premises.
7
Where membership of the UK GLP compliance programme has been withdrawn from an operator of a test facility in respect of particular test facility premises on the grounds set out in paragraph (3)(c), he shall again be regarded as being a member of the programme in respect of those premises if —
a
he has informed the GLPMA by notice in writing of the intention to conduct further regulatory studies at those premises; and
b
the GLPMA —
i
are of the opinion that the possible danger to animal or human health or to the environment which led to membership being withdrawn is no longer present, and
ii
have informed the operator in writing of his readmission to membership of the programme in respect of those premises.
Requirement to adhere to the principles of good laboratory practice
7
1
No person shall conduct a regulatory study at any premises of a test facility unless with regard to that study the principles of good laboratory practice are adhered to —
a
as respects the organisational structure surrounding the study; and
b
as respects the conditions under which the study is planned, performed, monitored, recorded, archived and reported.
2
If the GLPMA have reasonable grounds for believing that a person has contravened paragraph (1) and is responsible for a serious deviation from the principles of good laboratory practice which may have affected the validity of a regulatory study, they may by a notice served on the operator of the test facility at whose premises the alleged contravention took place (in these Regulations referred to as a “warning notice”) —
a
state the GLPMA’s grounds for believing that the person —
i
has contravened paragraph (1), and
ii
is responsible for a serious deviation from the principles of good laboratory practice which may have affected the validity of a regulatory study;
b
specify the measures which, in the opinion of the GLPMA, the operator of the test facility must take in order to ensure that the serious deviation from the principles of good laboratory practice which may have affected the validity of a regulatory study will not recur;
c
require the operator of the test facility to take those measures, or measures which are at least equivalent to them, within such period as may be specified in the warning notice; and
d
inform the operator of the test facility of —
i
his right of appeal against the warning notice under reglation 8,
ii
the period within which such an appeal may be brought, and
iii
the effect that such an appeal will have on any criminal proceedings relating to the operator’s alleged failure to comply with the warning notice.
3
Any operator of a test facility who fails to comply with a warning notice shall, unless that notice has been withdrawn by the GLPMA or cancelled by a court, be guilty of an offence.
Appeals against warning notices
8
1
An operator of a test facility who is aggrieved by a decision to serve a warning notice on him may appeal —
a
in England, Wales or Northern Ireland, to a magistrates' court, and such an appeal shall be by way of complaint for an order; or
b
in Scotland, to a sheriff, and such an appeal shall be by summary application.
2
The period during which such an appeal may be brought is —
a
one month from the date on which the warning notice was served on the operator desiring to appeal; or
b
the period specified in the warning notice,
whichever ends the earlier.
3
On an appeal against a warning notice, a magistrates' or sheriff court may either cancel or affirm the notice and, if it affirms it, may do so either in its original form or with such modifications as the court may, in the circumstances, think fit.
4
Pending the final disposal of an appeal, unless or until the appeal is withdrawn, any criminal proceedings relating the operator’s alleged failure to comply with the warning notice shall be stayed or suspended.
Powers of entry etc.
9
1
For the purposes of enforcing compliance with these Regulations, a person appointed in accordance with regulation 3(4) shall have a right —
a
at any reasonable hour to enter any premises other than premises used only as a private dwelling house which he has reason to believe it is necessary for him to visit;
b
to carry out at those premises during that visit such inspections, examinations, tests and analyses as he considers necessary;
c
to require the production of and inspect any article or substances at the premises;
d
to require the production of, inspect and take copies of or extracts from any book, document, data or record (in whatever form it is held) at, or (in the case of computer data or records) accessible at, the premises;
e
subject to paragraph (5), to take possession of any article, substance, book, document, data, record (in whatever form they are held) at, or (in the case of computer data or records) accessible at, the premises;
f
to question any person whom he finds at the premises and whom he has reasonable cause to believe is able to give him relevant information;
g
to require any person to afford him such assistance as he considers necessary with respect to any matter within that person’s control or in relation to which that person has responsibilities;
h
to require, as he considers necessary, any person to afford him such facilities as he may reasonably require that person to afford him,
but nothing in this paragraph shall be taken to compel the production by any person of a document of which he would, on grounds of legal professional privilege, be entitled to withhold production on an order for disclosure in an action in the High Court or, as the case may be, on an order for the production of documents in an action in the Court of Session.
2
If a justice of the peace is satisfied by any written information on oath that there are reasonable grounds for entry into any premises other than premises used only as a private dwelling house for any purpose mentioned in paragraph (1), and —
a
admission to the premises has been or is likely to be refused and notice of intention to apply for a warrant under this subsection has been given to the occupier; or
b
an application for admission, or the giving of such notice, would defeat the object of the entry or that the premises are unoccupied or that the occupier is temporarily absent and it might defeat the object of the entry to await his return,
the justice may by warrant signed by him, which shall continue in force for a period of one month, authorise any person appointed in accordance with regulation 3(4) to enter the premises, if need be by force.
3
A person appointed in accordance with regulation 3(4) entering any premises by virtue of paragraph (1) or of a warrant under paragraph (2) may take with him when he enters those premises such equipment as may appear to him necessary and any person who is authorised by the GLPMA to accompany him on that visit.
4
On leaving any premises which a person appointed in accordance with regulation 3(4) is authorised to enter by a warrant under paragraph (2), that person shall, if the premises are unoccupied or the occupier is temporarily absent, leave the premises as effectively secured against trespassers as he found them.
5
Where, pursuant to paragraph (1)(e), a person appointed in accordance with regulation 3(4) takes possession of any article, substance, book, document, data or record, he shall leave at the premises with a responsible person a statement giving particulars of the article, substance, book, document, data or record sufficient to identify it and stating that he has taken possession of it.
6
Persons appointed in accordance with regulation 3(4) shall, when enforcing compliance with these Regulations, have regard to any relevant provision of the Revised Guidance for the Conduct of Test Facility Inspections and Study Audits set out in Part B of the Annex to Council Directive 88/320/EEC on the inspection and verification of good laboratory practice (GLP), as amended by Commission Directive 1999/12/EC adapting to technical progress for the second time the Annex to Council Directive 88/320/EEC .
Disclosure of confidential information
10
1
A person who in the course of enforcing compliance with these Regulations gains access to commercially sensitive or other confidential information shall be guilty of an offence if, without lawful authority, he discloses that information.
2
A person may disclose commercially sensitive or other confidential information to which he has had access in the course of enforcing compliance with these Regulations to —
a
the European Commission;
b
a monitoring authority;
c
a regulatory authority;
d
a police force;
e
a test facility or sponsor concerned with the inspection or study audit during the course of which the GLPMA gained access to that information.
3
For the purposes of this regulation —
a
the names of test facilities or test sites which are or have been subject to an inspection as part of the UK GLP compliance programme;
b
the level of adherence of a test facility or test site to the principles of good laboratory practice of those laboratories as assessed by the GLPMA; and
c
the dates upon which study audits or test facility or test site inspections have been conducted,
shall not be considered to be confidential.
Obstruction etc. of authorised persons
11
1
Subject to paragraph (2) —
a
any person who —
i
intentionally obstructs a person appointed in accordance with regulation 3(4), or
ii
without reasonable cause fails to comply with any requirement made of him by a person appointed in accordance with regulation 3(4),
in circumstances where that person is acting in pursuance of any of his functions under these Regulations; or
b
any person who, in purported compliance with any such requirement as is mentioned in sub-paragraph (a)(ii), intentionally or recklessly furnishes information which is false or misleading in a material particular,
shall be guilty of an offence.
2
Nothing in paragraph (1)(a)(ii) shall be construed as requiring any person to answer any question or give any information if to do so might incriminate him or, in the case of a person who is married, his spouse.
False good laboratory practice instruments
12
1
A person who —
a
makes a false good laboratory practice instrument; or
b
makes a copy of an instrument which is, and which he knows or believes to be, a false good laboratory practice instrument,
with the intention that he or another shall use it to induce a regulatory authority to accept it as a genuine good laboratory practice instrument or a copy of a genuine good laboratory practice instrument shall be guilty of an offence.
2
A person who has in his possession —
a
a false good laboratory practice instrument which he knows or believes to be a false good laboratory practice instrument;
b
a copy of an instrument which he knows or believes to be a false good laboratory practice instrument,
with the intention that he or another shall supply it to a regulatory authority with the intention of inducing the regulatory authority to accept it as a genuine good laboratory practice instrument or a copy of a genuine good laboratory practice instrument shall be guilty of an offence.
3
A person who supplies to a regulatory authority —
a
a false good laboratory practice instrument which he knows or believes to be a false good laboratory practice instrument;
b
a copy of an instrument which he knows or believes to be a false good laboratory practice instrument,
with the intention of inducing the regulatory authority to accept it as a genuine good laboratory practice instrument or a copy of a genuine good laboratory practice instrument shall be guilty of an offence.
4
A good laboratory practice instrument is “false” for the purposes of this regulation if —
a
it is not that which it purports to be for any reason including where —
i
it purports to have been made by a person who did not make it,
ii
it purports to have been made in the form in which it is made by a person who did not in fact make it in that form,
iii
it purports to have been altered in any respect on the authority of a person who did not in fact authorise the alteration in that respect; or
b
it includes information which is false or misleading in a material particular,
and a person shall be treated for the purposes of this regulation as making a false good laboratory practice instrument if he alters a good laboratory practice instrument so as to make it false in any respect (whether or not it is false in some other respect apart from that alteration).
5
A person may be guilty of an offence —
a
under paragraph (1) or (2) if the regulatory authority is outside the United Kingdom;
b
under paragraph (3) if the supply is from outside the United Kingdom to a United Kingdom regulatory authority or from within the United Kingdom to a regulatory authority outside the United Kingdom.
Offences by bodies corporate and Scottish partnerships
13
Where an offence under these Regulations is committed by a body corporate or Scottish partnership and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of —
a
any director, manager, secretary, partner or similar officer of the body corporate or Scottish partnership; or
b
any person who was purporting to act in any such capacity,
he as well as the body corporate or Scottish partnership shall be deemed to be guilty of that offence and he shall be liable to be proceeded against and punished accordingly.
Defence of due diligence
14
In any proceedings for an offence under any of the preceding provisions of these Regulations, it shall be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
Penalties
15
A person guilty of —
a
an offence under regulation 11(1)(a) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale;
b
an offence under regulation 12 shall be liable —
i
on summary conviction to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months or to both,
ii
on conviction on indictment to a fine or to imprisonment for a term not exceeding two years or to both;
c
any other offence under these Regulations shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or both.
Fees
16
1
The GLPMA may charge operators of test facilities and operators of test facilities shall, if so charged, pay to the GLPMA such reasonable fees as the GLPMA may determine to cover the cost of providing inspections and services under these Regulations.
2
The GLPMA may set those fees at levels such that they meet that part of the expenditure of the GLPMA which is reasonably attributable to the cost of inspecting and providing services under these Regulations to or on behalf of the person or class of person charged but the fees must not include any element of profit.
3
Any such fee shall be payable within fourteen days following written notice from the GLPMA requiring payment of the fee.
4
All unpaid sums due by way of, or on account of, any fees payable under this regulation shall be recoverable as debts due to the Crown.
5
The GLPMA may in exceptional circumstances —
a
waive payment of any fee or reduce any fee or part of a fee otherwise payable under this regulation;
b
refund the whole or part of any fee paid pursuant to this regulation.
Revocation
17
The Good Laboratory Practice Regulations 1997 are hereby revoked.
Alan Milburn
One of Her Majesty’s Principal Secretaries of State
Department of Health
18th November 1999


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Scottish Parliament (Disqualification) Order 1999 and shall come into force on the day after the day on which it is made.
Specified Office-Holders
2
An office-holder of a description specified in Part I of the Schedule to this Order is disqualified from being a member of the Scottish Parliament.
3
An office-holder of a description specified in column 1 of Part II of the Schedule to this Order is disqualified from being a member of the Scottish Parliament for any constituency specified in relation to that office-holder in column 2 of that Schedule and for any region specified in relation to that office-holder in column 3 of that Schedule.
A. K. Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
1
These Regulations may be cited as the Local Government Pension Scheme (Miscellaneous Provisions) Regulations 1999.
2
These Regulations shall come into force as follows–
a
except for regulations 15 and 21, on 20th May 1999, but subject to paragraph (3);
b
regulation 15, on 1st July 1999;
c
regulation 21, on 1st September 1999.
3
The following provisions shall have effect from the following dates–
a
regulations 7, 14, 24 and 25 from 1st April 1998;
b
regulation 22(a) from 1st September 1998;
c
regulations 3, 4, 5, 10, 12, 16, 17 and 22(b) from 1st April 1999.
Amendment of Regulations
2
The Local Government Pension Scheme Regulations 1997 shall be amended in accordance with regulations 3 to 22 of these Regulations.
General eligibility for membership: employees of Scheme employers etc.
3
In regulation 4(6), delete sub-paragraph (e).
Agreements to enable employees of non-Scheme employers to be members (“admission agreements”)
4
In regulation 5–
a
after paragraph (6), insert as a new paragraph–
6A
An administering authority must notify the Commissioners of Inland Revenue of the admission of an admission body within the time prescribed in regulations made under section 605 of the Taxes Act and provide such information as may be so prescribed.
; and
b
in paragraph (8), after sub-paragraph (g) add as a new sub-paragraph–
h
a company for the time being subject to the influence of a local authority as described in section 69 of the Local Government and Housing Act 1989
.
Further restrictions on eligibility
5
In regulation 6, after paragraph (2), insert as a new paragraph–
2A
A person who is not eligible for membership of a Teachers scheme because of the provisions of regulation B4(2) of the Teachers' Pensions Regulations 1997 (re-employed teachers) is not entitled to be a member.
.
Periods of membership: “total membership”
6
In regulation 9, after paragraph (1), insert as a new paragraph–
1A
A person who remains in service after his 65th birthday as referred to in regulation 25A(1) may not count as a period of membership any period of service between age 65 and the date of his retirement from service but he shall be treated as an active member for the purposes of regulations 40 to 46 (surviving spouse’s and children’s pensions).
.
Meaning of “pay”
7
In regulation 13 –
a
in paragraph (2), for sub-paragraph (f) substitute–
f
any amount treated as the money value to the employee of the provision of a motor vehicle or any amount paid in lieu of such provision (but see paragraphs (8) and (9);
;
b
for paragraph (8) substitute–
8
Where–
a
a member’s contribution under regulation C2 or C3 of the 1986 regulations for a period including 31st December 1992 was based on pay which for the 1986 regulations as then in force included an amount representing the money value to him of the provision of a motor vehicle or an amount in lieu of such provision and immediately before the commencement date his remuneration for the 1995 regulations included such an amount, or
b
immediately before the commencement date his remuneration for the 1995 regulations included an amount in lieu of the provision of a motor vehicle as referred to in paragraph 7(2)(b) of Schedule C2 to the 1995 regulations ,
then his pay includes such an amount.
9
But paragraph (8) shall cease to apply if–
a
he leaves employment with the employing authority who were employing him on–
i
31st December 1992; or
ii
where appropriate under the provisions of paragraph 7 of Schedule C2 to the 1995 regulations, on the commencement date of the 1995 regulations,
otherwise than as a result of a transfer to another Scheme employer which is beyond his control; or
b
he is neither provided with a motor vehicle nor receives an amount representing the money value to him of the provision of such a vehicle.
.
Calculations
8
In regulation 20, after paragraph (4), insert as a new paragraph–
4A
Benefits payable to a person who remains in service after his 65th birthday as referred to in regulation 25A(1) shall be increased at such a rate as is shown as appropriate in guidance issued by the Government Actuary in respect of each day that payment of benefits is delayed between his 65th birthday and the date of his retirement.
.
Retirement after the normal retirement date
9
After regulation 25, insert as a new regulation–
Retirement after the normal retirement date
25A
1
A member who with the consent of his employing authority remains in service after his 65th birthday is entitled to a pension and retirement grant when he retires from service.
2
The pension and retirement grant are payable immediately on retirement.
.
Ill health
10
In regulation 27–
a
in paragraph (1), after “the duties of that employment” insert “or any other comparable employment with his employing authority”;
b
add as a new paragraph (5)–
5
In paragraph (1)–
“comparable employment” means employment in which, when compared with the member’s employment–
the contractual provisions as to capacity either are the same or differ only to an extent that is reasonable given the nature of the member’s ill-health or infirmity of mind or body; and
the contractual provisions as to place, remuneration, hours of work, holiday entitlement, sickness or injury entitlement and other material terms do not differ substantially from those of the member’s employment; and
“permanently incapable” means incapable until, at the earliest, the member’s 65th birthday.
.
Death grants
11
In regulation 38, after paragraph (5), insert as a new paragraph–
5A
The multiplier for the death grant of a member who remains in service after his 65th birthday as referred to in regulation 25A(1) is whichever of–
a
2, or
b
3 × the member's total membership 80
gives the greater amount.
.
Power of employing authority to increase total membership of members leaving employment at or after 50
12
In regulation 52(9), after “under regulation 8” insert “, or been paid compensation under regulation 32,”.
Elections to pay Additional Voluntary Contributions
13
In regulation 60, after paragraph (10), add as a new paragraph–
11
A member who is in active service may elect to transfer into his additional voluntary contributions scheme constituted under this Chapter the accumulated value of any other additional voluntary contributions scheme to which he has subscribed.
.
Special circumstances where revised actuarial valuations and certificates must be obtained
14
In regulation 78–
a
in paragraph (2), for sub-paragraphs (a) and (b) substitute–
a
an actuarial valuation as at the date it ceases of the liabilities of the admission body which is a party to that admission agreement (“the outgoing admission body”), and
b
a revision of any rates and adjustments certificate for any fund which is affected, showing the revised contributions due from the outgoing admission body.
; and
b
after paragraph (2), insert as a new paragraph–
2A
But where it is not possible for any reason to obtain revised contributions from the outgoing admission body, the administering authority may obtain a further revision of any rates and adjustments certificate for the fund, showing the revised contributions due from each employing authority who contributes to that fund.
.
First instance decisions
15
In regulation 97–
a
in paragraph (9), after “independent registered medical practitioner” insert “who is qualified in occupational health medicine”; and
b
after paragraph (13), add as a new paragraph–
14
In paragraph (9)–
a
“permanently incapable” has the meaning given by regulation 27(5), and
b
“qualified in occupational health medicine” means holding a diploma in occupational medicine (D Occ Med) or an equivalent qualification issued by a competent authority in an EEA State (which has the meaning given by the European Specialist Medical Qualifications Order 1995) or being an Associate, a Member or a Fellow of the Faculty of Occupational Medicine or an equivalent institution of an EEA State.
.
Eligibility for active membership: employees etc. of non-Scheme employers
16
1
In regulation 127(1)–
a
for sub-paragraph (a) substitute–
a
the governing body of a voluntary school
; and
b
insert after sub-paragraph (a) as a new sub-paragraph–
aa
the governing body of a grant-maintained or grant-maintained special school or, from 1st September 1999, of a foundation or foundation special school (within the meaning of the School Standards and Framework Act 1998 ) maintained by a local education authority; or
;
2
In regulation 127, after paragraph (1), insert as a new paragraph–
1A
During the period beginning on 1st April 1999 and ending immediately before 1st September 1999 a grant-maintained or grant-maintained special school shall, for the purpose of this regulation, be treated as a school maintained by a local education authority.
;
3
In regulation 127(2), delete “governors or”; and
4
In regulation 127, after paragraph (2), insert as new paragraphs–
2A
A person may be an active member if he is an employee of the governing body of a school which prior to 1st April 1999 passed a resolution under regulation 4(5) and he is either–
a
an employee specified in such resolution, or
b
within the class of employees specified in that resolution.
2B
A person may be an active member if he is an employee of the governing body of a school which prior to 1st April 1999 was a Scheme employer.
.
Supplementary provisions about employees within regulation 127
17
In regulation 128(1), after “regulation 127(1)” insert “, (2A) or (2B)”.
Members employed by magistrates' courts committees
18
In regulation 133–
a
after paragraph (3), insert as new paragraphs–
3A
In regulation 9(1A) for “65th birthday” and “65” substitute “70th birthday” and “70” respectively.
3B
In regulations 20(4A) (in both places), 25A(1) and 27(5), for “65th birthday” substitute “70th birthday”.
; and
b
after paragraph (4), insert as a new paragraph–
4A
In regulation 38(5A), for “65th birthday” substitute “70th birthday”.
Certain employees of the committee of magistrates for the inner London area
19
In regulation 134–
a
after paragraph (3), insert as new paragraphs–
3A
In regulation 9(1A) for “65th birthday” and “65” substitute “70th birthday” and “70” respectively.
3B
In regulations 20(4A) (in both places), 25A(1), and 27(5) for “65th birthday” substitute “70th birthday”.
; and
b
after paragraph (4), insert as a new paragraph–
4A
In regulation 38(5A), for “65th birthday” substitute “70th birthday”.
.
Coroners
20
In regulation 135–
a
after paragraph (2) insert as new paragraphs–
2A
In regulation 9(1A) for “65th birthday” and “65” substitute “70th birthday” and “70” respectively.
2B
In regulations 20(4A) (in both places), 25A(1), and 27(5) for “65th birthday” substitute “70th birthday”.
; and
b
after paragraph (3) add as a new paragraph–
4
In regulation 38(5A), for “65th birthday” substitute “70th birthday”.
.
Interpretation
21
In Schedule 1, in the definition of “Voluntary school”, for “the Education Act 1996” substitute “the School Standards and Framework Act 1998”.
Scheme Employers
22
In Schedule 2–
a
add at the end–
An Education Action Forum within the meaning of section 11 of the School Standards and Framework Act 1998
; and
b
delete–
The governing body of a grant-maintained school which immediately before becoming such a school was a county school
.
Right to opt out
23
1
Where–
a
apart from this regulation, the amendments made by any provisions of regulations 2 to 20 would place any relevant beneficiary in a worse position than he would otherwise be, and
b
that relevant beneficiary so elects by notice in writing given to the appropriate administering authority within the period of six months beginning with the date on which that provision comes into force,
then the Local Government Pension Scheme Regulations 1997 shall have effect in relation to him as if those amendments had never been made.
2
For the purposes of paragraph (1), a relevant beneficiary is a person to whom any benefit is or may become payable being a benefit payable to or in respect of a person who
a
ceased to hold an employment in respect of which he was a member (whether or not he had subsequently recommenced any such employment), or
b
died while in such employment,
before the date on which the relevant provision comes into force.
The Local Government Pension Scheme (Transitional Provisions) Regulations 1997
24
The Local Government Pension Scheme (Transitional Provisions) Regulations 1997 are amended as follows–
a
in regulation 22(3), insert before sub-paragraph (a) as a new sub-paragraph–
aa
after paragraph (1) add the following as a new paragraph–
1A
If a member leaves a local government employment (or is treated for these Regulations as if he had done so) on or after age 50 he may elect to receive payment of his retirement benefits immediately.
;
and
b
In Schedule 2–
i
in paragraph 1, before the definition of “active pensioner” insert–
“active deferred member” means any person who was a deferred member and an active member immediately before the commencement date and continues as an active member on that date by virtue of regulation 3.
;
ii
in paragraph 4(1), at the beginning insert “An active deferred member,”;
iii
in paragraph 5(1), for “a rejoining pensioner or” substitute “a rejoining pensioner, an active deferred member or a”;
iv
in paragraph 8(1), after “a rejoining pensioner” insert “, an active deferred member”; and
v
in paragraph 8(2), after “ceases to apply to” insert “an active deferred member or”.
The Local Government Pension Scheme (Provision of Information, Administrative Expenses and Restitution) Regulations 1997
25
In regulation 3 of the Local Government Pension Scheme (Provision of Information, Administrative Expenses and Restitution) Regulations 1997 for “regulation 8(9)” substitute “regulation 7(9)”.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
22nd April 1999


text:
1
This Order may be cited as the Returning Officers (Parliamentary Constituencies) (England) (Amendment) Order 1999 and shall come into force on 5th April 1999.
2
Schedule 3 to the Returning Officers (Parliamentary Constituencies) (England) Order 1995 shall be amended by substituting for the district named in the right-hand column of that Schedule opposite to the name of any county constituency which–
a
is listed in the left-hand column of that Schedule, and
b
is also listed in the left-hand column of the Table below,
the district named in the right-hand column of that Table opposite to the name of the county constituency in question.
TABLE
Name of county constituency District of which registration officer is acting returning officer
Chatham and Aylesford Medway Hereford Herefordshire Leominster Herefordshire Medway Medway Newbury West Berkshire North Swindon Swindon South Swindon Swindon The Wrekin Telford and Wrekin
George Howarth
Parliamentary Under-Secretary of State
Home Office
23rd March 1999


text:
1
This Order may be cited as the Value Added Tax (Abolition of Zero-Rating for Tax-Free Shops) Order 1999 and shall come into force on 1st July 1999 and shall have effect in relation to supplies made on or after that date.
2
Schedule 8 to the Value Added Tax Act 1994 shall be varied by deleting from–
a
Part I, the entry relating to tax-free shops, and
b
Part II, Group 14 (tax-free shops) .
3
The Value Added Tax (Tax Free Shops) Order 1995 is hereby revoked.
Jim Dowd
David Jamieson
Two of the Lords Commissioners of Her Majesty’s Treasury
11th June 1999


text:
Citation and commencement
1
This Order may be cited as the Sunderland Building Our Future 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 Sunderland Building Our Future 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 Sunderland 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; and
c
one person appointed by each partner, unless any partner chooses not to make such an appointment.
5
The Forum may at any time appoint additional members as follows–
a
up to five persons representing the interests of business;
b
up to two parents of registered pupils attending zone schools; and
c
up to two persons representing the interests of the voluntary sector operating 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 for Education and Employment
15th December 1999


text:
Citation and commencement
1
1
This Order may be cited as the Poole Harbour Revision Order 1999 and shall come into force on 2nd March 1999.
2
The Poole Harbour Acts and Orders 1756 to 1981 and this Order may be cited together as the Poole Harbour Acts and Orders 1756 to 1999.
Interpretation
2
1
In this Order–
“the new breakwater” means the new breakwater authorised by article 3 below;
“the Commissioners” means The Poole Harbour Commissioners;
“the deposited plan” and “the deposited sections” mean respectively the plan and sections prepared in duplicate, signed by the Head of Ports Division in the Department of the Environment, Transport and the Regions and marked “Plan and sections referred to in the Poole Harbour Revision Order 1999” one copy of which is deposited at the Department and the other at the principal office of the Commissioners;
“the existing breakwater” means the existing breakwater shown on the deposited plan protecting the Fishermen’s Dock;
“the harbour” means the harbour as defined in sections 3 (Interpretation) and 4 (Limits of harbour) of the Poole Harbour Act 1914 ;
“the harbour master” means the harbour master appointed by the Commissioners and includes his authorised deputies and assistants and any person authorised by the Commissioners to act as harbour master;
“the level of highwater” means the level of mean high-water springs;
“the limits of deviation” means the limits of deviation shown on the deposited plan;
“reference point” means Ordnance Survey National Grid reference point;
“the temporary causeway” means the temporary causeway authorised by article 4 below;
“tidal works” means so much of any of the works as are on, under or over tidal waters;
“Trinity House” means the Corporation of Trinity House of Deptford Strond;
“the works” means the works authorised by this Order.
2
All directions, distances, points and dimensions stated in any description of works, and the level of the new breakwater indicated on the deposited sections, shall be construed as if the words “or thereabouts” were inserted after each such direction, distance, point, dimension, or such level.
Power to construct works
3
1
Subject to the provisions of this Order the Commissioners may, for the purpose of providing a new boat haven in the harbour–
a
within the lines and situation and within the limits of deviation shown on the deposited plan and according to the levels shown on the deposited sections construct and maintain a rubble mound breakwater (with rock armour protection) commencing at reference point 401601 090149, extending in a south-westerly and then a westerly direction for a distance of 473 metres and terminating in a T-shaped structure (partly constructed with steel piling), extending from reference point 401138 090206 to reference point 401138 090087; and
b
within the limits of deviation and on the northern side of the new breakwater construct and maintain such berthing facilities as the Commissioners may from time to time think fit.
2
The Commissioners may, within the limits of deviation, from time to time alter, replace or reconstruct temporarily or permanently the works.
Power to make subsidiary and accommodation works
4
1
The Commissioners may:–
a
from time to time construct, place and maintain within the limits of deviation all such works, conveniences, appliances and apparatus as they from time to time deem necessary or expedient for the purposes of or in connection with or incidental to the construction, maintenance and use of the works authorised by article 3 above and the accommodation of vessels thereat, including, without prejudice to the generality of the foregoing, the removal of the existing breakwater and the alteration or reconstruction of existing quay or sea walls to accommodate the works;
b
for the purpose of obtaining access to construct the new breakwater, construct and maintain within the lines and situation and within the limits of deviation shown on the deposited plan a temporary causeway between the southern end of Green Gardens and the site of the new breakwater; and
c
in the course of constructing, replacing, altering or reconstructing the works carry out construction activity, including the temporary placing of plant and equipment, within the waters adjoining the limits of deviation.
2
On the completion of the new breakwater the Commissioners shall remove the temporary causeway.
Power to deviate
5
In constructing the new breakwater and the temporary causeway the Commissioners may deviate laterally from the lines or situations thereof shown on the deposited plan to the extent of the limits of deviation and may deviate vertically from the levels of the new breakwater shown on the deposited sections to such extent downwards as may be found necessary or convenient.
Power to dredge
6
1
The Commissioners may from time to time deepen, dredge, scour, cleanse and improve the harbour for the purpose of the accommodation of vessels at the works, for affording access thereto or for the purpose of constructing or maintaining the works.
2
Subject to paragraph (3) below, all materials dredged up or removed by the Commissioners in exercise of the powers of this article (other than wrecks within the meaning of Part IX of the Merchant Shipping Act 1995 ) shall be the property of the Commissioners and may be used, sold, deposited or otherwise disposed of as the Commissioners think fit.
3
No such materials shall be laid down or deposited in any place below the level of high water otherwise than in such position and under such conditions and restrictions as may be approved or prescribed by the Secretary of State.
Fine for obstructing works
7
Any person who intentionally obstructs any person acting under the authority of the Commissioners in setting out the lines of the works, or who moves or removes any pole, stake, station point or bench mark established for the purpose of such setting out, shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale, and shall in addition be liable to repay to the Commissioners as a debt any expenses incurred by them in making good any damage resulting from such obstruction, moving or removal.
Works to be deemed part of harbour undertaking
8
The works shall be deemed for all purposes to be part of the harbour undertaking authorised by the Poole Harbour Acts and Orders 1756 to 1981 and all byelaws, rules and regulations of the Commissioners for the time being in force relating to that harbour undertaking shall apply to the works and may be enforced by the Commissioners accordingly.
Tidal works not to be executed without approval of Secretary of State
9
1
A tidal work (including any berthing facilities provided under article 3(1)(b) above) shall not be constructed, altered, enlarged, replaced, relaid, extended or reconstructed except in accordance with plans and sections approved by the Secretary of State and subject to any conditions and restrictions imposed by the Secretary of State before the work is begun.
2
If a tidal work is constructed, altered, enlarged, replaced, relaid, extended or reconstructed 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 Commissioners at their 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 30 days from the date when the notice is served upon the Commissioners they have 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 Commissioners.
Provision against danger to navigation
10
1
In case of injury to, or destruction or decay of, a tidal work or any part thereof, the Commissioners shall as soon as reasonably practicable notify Trinity House and shall lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as Trinity House shall from time to time direct.
2
If without reasonable excuse the Commissioners fail to notify Trinity House as required by paragraph (1) above of this article or to comply in any respect with a direction given under the said paragraph, they shall be liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Abatement of works abandoned or decayed
11
1
Where a tidal work is abandoned, or suffered to fall into decay, the Secretary of State may by notice in writing require the Commissioners at their 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 thinks proper.
2
Where 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 that part of the work on or over land above the level of high water is in such condition as to interfere or cause reasonable apprehension that it may interfere with the right of navigation or other public rights over the foreshore, the Secretary of State may include that part of the work, or any portion thereof, in any notice under paragraph (1) above.
3
If, on the expiration of 30 days from the date when a notice under paragraph (1) above is served upon the Commissioners, they have failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice; and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the Commissioners.
Survey of tidal works
12
The Secretary of State may at any time, if he deems it expedient, order a survey and examination of a tidal work or of the site upon which it is proposed to construct the work, and any expenditure incurred by the Secretary of State in any such survey and examination shall be recoverable from the Commissioners.
Permanent lights on tidal works
13
1
After the completion of a tidal work the Commissioners shall at the outer extremity 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 Trinity House shall from time to time direct.
2
If the Commissioners fail to comply in any respect with a direction given under paragraph (1) above , they shall be liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine; but it shall be a defence for the Commissioners to prove that all due diligence was used to secure compliance with the direction.
Lights on tidal works during construction
14
1
The Commissioners shall at or near a tidal work during the whole time of the construction, alteration, enlargement, replacement, relaying or extension 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 shall from time to time direct.
2
If the Commissioners fail to comply in any respect with a direction given under paragraph (1) above they shall be liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine; but it shall be a defence for the Commissioners to prove that all due diligence was used to secure compliance with the direction.
Power to appropriate lands and works for particular trades etc.
15
1
The Commissioners may from time to time set apart and appropriate any part of the harbour on the northern side of the new breakwater for the exclusive, partial or preferential use and accommodation of any particular trade, person, vessel or class of vessels, or goods subject to the payment of such charges and to such terms, conditions and regulations as the Commissioners may think fit.
2
No person or vessel shall make use of any part of the harbour so set apart or appropriated without the consent of the harbour master or other duly authorised officer of the Commissioners; and–
a
the harbour master or, as the case may be, such officer, may order any person or vessel making use thereof without such consent to leave or be removed; and
b
the provisions of section 58 (Powers of harbour master as to mooring of vessels in harbour) of the Harbours, Docks and Piers Clauses Act 1847 shall extend and apply mutatis mutandis to and in relation to any such vessel.
3
Any person or the master of any vessel, who fails without reasonable excuse to comply with an order of the harbour master under paragraph (2)(a) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Saving for town and country planning
16
The works shall not for the purposes of the Town and Country Planning General Permitted Development Order 1995 be treated as–
a
development authorised by an order made under section 14 of the Harbours Act 1964 which designates specifically the nature of the development authorised and the land upon which it may be carried out; or
b
development on operational land by statutory undertakers or their lessees in respect of a dock, pier or harbour undertaking, being development which is required for the purposes of shipping or in connection with the embarking, disembarking, loading, discharging or transport of passengers, livestock or goods at a dock, pier or harbour.
Crown rights
17
1
Nothing in this Order affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown and, in particular, nothing in this Order authorises the Commissioners to take, use, enter upon or in any manner interfere with, any land, hereditaments, or rights of whatsoever description (including any part of the shore or bed of the sea or any river channel, creek, bay or estuary)–
a
belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners, without the consent in writing of those Commissioners; or
b
belonging to a government department, or held in trust for Her Majesty for the purposes of a government department, without the consent in writing of that government department.
2
A consent under paragraph (1) above may be given unconditionally or subject to such conditions and upon such terms as may be considered necessary or appropriate.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Glenda Jackson
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
16th February 1999


text:
Citation and commencement
1
These Regulations may be cited as the Environmental Protection (Waste Recycling Payments) (Amendment) Regulations 1999 and shall come into force on 1st April 1999.
Amendment of regulations
2
For the Schedule to the Environmental Protection (Waste Recycling Payments) Regulations 1992 substitute–
THE SCHEDULE
REPRESENTATIVE SAVINGS IN WASTE DISPOSAL COSTS
Regulation 2(5)
Type of waste disposal authority Saving in waste disposal costs per tonne
A London waste disposal authority for an area which includes an inner London borough. £47.47 The council of an inner London borough. The Common Council of the City of London. A London waste disposal authority which comprises outer London boroughs. £41.39 The council of an outer London borough. The Greater Manchester Waste Disposal Authority. £34.13 The Merseyside Waste Disposal Authority. The council of a metropolitan district. Any other waste disposal authority. £26.99 where the authority incurs any transport costs in disposing of similar waste and £18.37 in other cases.
Revocation
3
Regulation 2 of the Environmental Protection (Waste Recycling Payments) (Amendment) Regulations 1998 (which last substituted a new Schedule to the 1992 Regulations) is hereby revoked.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Alan Meale
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
1st March 1999
Signed by authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under-Secretary of State, Welsh Office
3rd March 1999
Sewel
Parliamentary Under-Secretary of State, Scottish Office
2nd March 1999


text:
Commencement and citation
1
This Order may be cited as The A205 Trunk Road (Lewisham) Red Route (Bus Lanes) Experimental Traffic Order 1998 Variation Order 1999, and shall come into force on 6th July 1999.
Variations
2
The A205 Trunk Road (Lewisham) Red Route (Bus Lanes) Experimental Traffic Order 1998 is varied as provided by the following provisions of this Order.
3
In the Schedule, in item 1, for the entry in column (2) substitute the following entry:–
from a point 2.0 metres south of the property boundary of Nos. 136 and 138 Rushey Green south for a distance of 8.0 metres between the two traffic islands at the junction of Rushey Green and Brownhill Road.
4
In the Schedule, in item 2, for the entry in column (2) substitute the following entry:–
from a point 11.0 metres north of the northern property boundary of No. 146 Rushey Green south for a distance of 179.0 metres.
5
In the Schedule, in item 3, for the entry in column (2) substitute the following entry:–
from a point 10.0 metres south of the northern property boundary of No. 205 Rushey Green south for a distance of 11.0 metres between the two traffic islands at the junction of Rushey Green and Sangley Road.
6
In the Schedule, in item 4, for the entry in column (2) substitute the following entry:–
from the northwestern side of the triangular traffic island situated at the junction of Catford Road and Rushey Green, southwest for a distance of 42.0 metres.
7
In the Schedule, in item 5, for the entry in column (2) substitute the following entry:–
on the south side of the triangular traffic island situated at the junction of Catford Road and Rushey Green, from a point 25.0 metres west of its junction with Rushey Green west for a distance of 37.0 metres.
Signed in accordance with a direction from the Secretary of State
Derek Turner
Traffic Director for London
11th June 1999


text:
Citation and commencement
1
These Regulations may be cited as the Social Security Benefits Up-rating and Miscellaneous Increases Regulations 1999 and shall come into force on 12th April 1999.
Amendment of the Social Security (General Benefit) Regulations 1982
2
In regulation 16 of the Social Security (General Benefit) Regulations 1982 (earnings level for the purpose of unemployability supplement) for the sum of “£2,496” there shall be substituted the sum of “£3,016”.
Amendment of the Social Security (Incapacity for Work) (General) Regulations 1995
3
In regulation 17(2)(a) of the Social Security (Incapacity for Work) (General) Regulations 1995 (weekly limit in relation to exempt work) for the sum of “£48.00” there shall be substituted the sum of “£58.00”.
Revocation
4
Regulation 4 of the Social Security Benefits Up-rating Regulations 1998 and the Social Security (Incapacity for Work) (General) Amendment Regulations 1998 are hereby revoked.
Signed by authority of the Secretary of State for Social Security.
Stephen C. Timms
Minister of State,
Department of Social Security
17th March 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Wiltshire and Swindon Health Care National Health Service Trust (Establishment) Order 1999 and shall come into force on 1st July 1999.
2
In this Order, unless the context otherwise requires–
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of or Schedule 1 to the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or 5(1)(a) of that Act ;
“establishment date” means 1st July 1999;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Wiltshire and Swindon Health Care National Health Service Trust established by article 2 of this Order.
Establishment and name of the trust
2
There is hereby established an NHS trust which shall be called the Wiltshire and Swindon Health Care National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1)(b) of the Act.
2
The trust’s functions shall be to provide and manage hospitals, establishments and facilities in the area of Wiltshire Health Authority and in the areas of those Health Authorities bordering Wiltshire Health Authority, and there to provide and manage hospital accommodation and services, and there and from there to provide and manage community health services.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st October 1999.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between the establishment date and the operational date the trust shall have the functions–
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance by Health Authorities before operational date
7
1
The Wiltshire Health Authority shall discharge the liabilities of the trust incurred during the period from and including the establishment date until the operational date that are of a description specified in paragraph (2) of this article.
2
The liabilities referred to in the preceding paragraph are–
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
21st June 1999


text:
Citation and interpretation
1
1
This Order may be cited as the School Standards and Framework Act 1998 (Appointed Day) Order 1999.
2
In this Order–
“the 1996 Act ” means the Education Act 1996 ; and
“the 1998 Act ” means the School Standards and Framework Act 1998.
Appointed day
2
1
The appointed day for the purposes of paragraph 2(1) and (4) of Schedule 32 to the 1998 Act ( GMS grants provisions) shall be 1st April 1999.
2
The appointed day for the purposes of paragraph 3 of Schedule 32 to the 1998 Act (loans made to governing bodies under section 255 of the 1996 Act) shall be 1st April 1999.
3
The appointed day for the purposes of paragraph 4(3) and (6) of Schedule 32 to the 1998 Act in relation to the payment of grant under regulation 2 of the Education (Schedule 32 to the School Standards and Framework Act 1998) (England) Regulations 1999 shall be 1st April 1999.
Estelle Morris
Minister of State,
Department for Education and Employment
6th March 1999


text:
1
These Regulations may be cited as the General Teaching Council for England (Constitution) (Amendment) Regulations 1999 and shall come into force on 11th August 1999.
2
Regulation 12 of the General Teaching Council for England (Constitution) Regulations 1999 shall be amended by–
a
the substitution of the following for paragraph (1)–
1
Before the Council have been established the Secretary of State may appoint a chairman for such term of office as he thinks fit,
; and
b
the insertion after paragraph (1) of the following–
1A
After the Council have been established, they shall elect a chairman from amongst their number.
.
Charles Clarke
Parliamentary Under Secretary of State,
Department for Education and Employment
16th July 1999


text:
1
This Order may be cited as the Public Telecommunication System Designation (International Optical Network Limited) Order 1999 and shall come into force on 13th July 1999.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Michael Wills
Parliamentary Under Secretary of State for Small Firms, Trade and Industry
Department of Trade and Industry
9th June 1999


text:
1
This Order may be cited as the Secure Remands and Committals (Prescribed Description of Children and Young Persons) Order 1999 and shall come into force on 1st June 1999.
2
The following descriptions of children and young persons are prescribed for the purposes of section 23(5) of the Children and Young Persons Act 1969–
a
any child who is of the age of 12 or 13;
b
any person who is of the age of 14;
c
any female person who is of the age of 15 or 16.
Paul Boateng
Minister of State
Home Office
28th April 1999


text:
1
These Regulations may be cited as the Civil Aviation (Navigation Services Charges) (Second Amendment) Regulations 1999 and shall come into force on 1st April 1999.
2
The Civil Aviation (Navigation Services Charges) Regulations 1998 shall be amended as follows:
1
In regulation 2 for the Table there shall be substituted the following Table–
TABLE
Column 1 Column 2
Heathrow–London
For each metric tonne and for each fraction of a metric tonne up to 100 metric tonnes
£1.17
For each additional metric tonne, and for each fraction of a metric tonne, over 100 metric tonnes
£0.48
Gatwick–London
For each metric tonne and for each fraction of a metric tonne up to 100 metric tonnes
£1.17
For each additional metric tonne, and for each fraction of a metric tonne, over 100 metric tonnes
£0.48
Stansted–London
For each metric tonne and for each fraction of a metric tonne up to 100 metric tonnes
£1.17
For each additional metric tonne, and for each fraction of a metric tonne, over 100 metric tonnes
£0.48
Aberdeen (Dyce)
£2.92
Edinburgh
£1.92
Glasgow
£1.90
2
In regulation 6 for “a charge of £63.00” there shall be substituted “a charge of £62.00”.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Glenda Jackson
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
26th February 1999
We consent to the making of these Regulations
Jim Dowd
Clive Betts
Two of the Lords Commissioners of Her Majesty’s Treasury
5th March 1999


text:
Citation and commencement
1
1
These Regulations may be cited as the Relocation Grants (Form of Application) (Amendment) (England) Regulations 1999 and shall come into force on 5th October 1999.
2
These Regulations extend to England only.
Amendments
2
The form set out in the Schedule to the Relocation Grants (Form of Application) Regulations 1997 is amended as set out in the Schedule to these Regulations.
Application
3
These Regulations shall not have effect in relation to applications for a grant made before the date on which these Regulations come into force.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Nick Raynsford
Minister of State,
Department of the Environment, Transport and the Regions
8th September 1999


text:
1
This Order may be cited as the A63 Trunk Road (Selby Fork and Boot and Shoe Junctions) Order 1999 and shall come into force on 26th August 1999.
2
In this Order —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the main roads” means the new highways which the Secretary of State proposes to construct along the routes described in the Schedule to this Order;
ii
“the new trunk roads” means the main new roads; and
iii
“the plan” means the plan in the folio numbered HA 10 YHCPD 73, marked “The A63 Trunk Road (Selby Fork and Boot and Shoe Junctions) Order 1999”, sighed by authority of the Secretary of State for the Environment, Transport and the Regions and deposited at the Department of the Environment, Transport and the Regions, Great Minster House, 76 Marsham Street, London SW1P 4DR; and
iv
“the A63” means the A63 Trunk Road.
3
The main new roads shall become trunk roads from the date when this Order comes into force.
4
The centre line of each of the new trunk roads is indicated by a heavy black line on the plan.
5
The Secretary of State directs as respects any part of a highway which crosses the route of any of the new trunk roads that —
a
where the highway is maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for traffic.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Derek Oddy
Divisional Director, The Highways Agency
23rd July 1999


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Medicines for Human Use and Medical Devices (Fees and Miscellaneous Amendments) Regulations 1999 and shall come into force on 1st April 1999.
2
In these Regulations–
“the General Fees Regulations ” means the Medicines (Products for Human Use — Fees) Regulations 1995 ;
“the Homoeopathic Products Regulations ” means the Medicines (Homoeopathic Medicinal Products for Human Use) Regulations 1994 .
Amendment of the Homoeopathic Products Regulations
2
1
In regulation 14 of the Homoeopathic Products Regulations (fees for variations of certificates)–
a
in paragraph (1)(a), for “£75” there shall be substituted “£80”;
b
in paragraph (1)(b)(i), for “£75” there shall be substituted “£80”;
c
in paragraph (1)(b)(ii), for “£37.50” there shall be substituted “£40”;
d
in paragraph (2)(a), for “£150” there shall be substituted “£155”;
e
in paragraph (2)(b)(i), for “£150” there shall be substituted “£155”; and
f
in paragraph (2)(b), for heads (ii) and (iii) there shall be substituted the following heads–
ii
in respect of each other application so considered, where further medical, technical or scientific assessment is required, a fee of £155,
iii
in respect of the second to thirtieth applications so considered, where no further medical, technical or scientific assessment is required, a fee of £77.50, and
iv
in respect of each other application so considered, where no further medical, technical or scientific assessment is required, a fee of £38.75.
.
2
In the Table in Schedule 2 to the Homoeopathic Products Regulations (fees for applications for the grant of certificates of registration)–
a
in column (2) (fees for applications in respect of products prepared from not more than 5 homoeopathic stocks)–
i
for “£90” there shall be substituted “£95”,
ii
for “£270” there shall be substituted “£285”, and
iii
for “£450” there shall be substituted “£470”; and
b
in column (3) (fees for other applications)–
i
for “£225” there shall be substituted “£235”,
ii
for “£400” there shall be substituted “£420”, and
iii
for “£585” there shall be substituted “£615”.
Amendment of regulation 3 of the Medical Devices (Consultation Requirements) (Fees) Regulations 1995
3
In regulation 3 of the Medical Devices (Consultation Requirements) (Fees) Regulations 1995 (fees)–
a
in paragraph (1)(a), for “£1,910” there shall be substituted “£2,005”;
b
in paragraph (1)(b), for “£5,355” there shall be substituted “£5,620”;
c
in paragraph (2)(a), for “£475” there shall be substituted “£500”;
d
in paragraph (2)(b), for “£1,335” there shall be substituted “£1,400”;
e
in paragraph (3)(a), for “£1,910” there shall be substituted “£2,005”;
f
in paragraph (3)(b), for “£5,355” there shall be substituted “£5,620”;
g
in paragraph (4)(a), for “£475” there shall be substituted “£500”;
h
in paragraph (4)(b), for “£1,335” there shall be substituted “£1,400”;
i
in paragraph (5)(a), for “£24,500” there shall be substituted “£25,725”; and
j
in paragraph (5)(b), for “£6,120” there shall be substituted “£6,425”.
Amendment of the General Fees Regulations
4
1
In paragraph 6(a) of Part III of Schedule 1 to the General Fees Regulations (capital fees for applications for, and variations to, marketing authorizations, licences and certificates — fees payable in connection with an application for variation of a marketing authorization (parallel import)), after head (vi) there shall be inserted the following head–
vii
subject to paragraph 6(b) of Schedule 5, a change consequential upon any or any combination of the following–
aa
a change of ownership of the United Kingdom marketing authorization in respect of which the marketing authorization (parallel import) was granted,
bb
a change to the number of the United Kingdom marketing authorization in respect of which the marketing authorization (parallel import) was granted,
cc
a change to the name of the holder of the United Kingdom marketing authorization in respect of which the marketing authorization (parallel import) was granted,
dd
a change to the address of the holder of the United Kingdom marketing authorization in respect of which the marketing authorization (parallel import) was granted,
ee
a change of ownership of the marketing authorization for the product in the country where the product originates,
ff
a change to the number of the marketing authorization for the product in the country where the product originates,
gg
a change to the name of the holder of the marketing authorization for the product in the country where the product originates,
hh
a change to the address of the holder of the marketing authorization for the product in the country where the product originates,
where the change has been occasioned by the taking over of an existing business, whether by purchase, merger or otherwise,
.
2
In each provision of the General Fees Regulations specified in the entries in column (1) (the content of which is described in column (2)) of the Schedule to these Regulations, for the amount specified opposite that provision in column (3) of that Schedule there shall be substituted the amount specified opposite that provision in column (4) of that Schedule.
Revocation
5
Regulation 2(5) and 3 of the Medicines for Human Use and Medical Devices (Fees and Miscellaneous Amendments) Regulations 1998 are hereby revoked.
Signed by authority of the Secretary of State for Health
Hayman
Parliamentary Under Secretary of State,
Department of Health
25th February 1999
Signed by authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under Secretary of State, Welsh Office
5th March 1999
Sam Galbraith
Parliamentary Under Secretary of State, Scottish Office
25th February 1999
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
25th February 1999
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on
D.C. Gowdy
Permanent Secretary
1st March 1999.
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland on
P. Small
Permanent Secretary
24th February 1999.
We consent,
Bob Ainsworth
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
3rd March 1999


text:
1
1
This Order may be cited as the European Parliamentary Elections (Local Returning Officers' Charges) Order 1999 and shall come into force on 18th May 1999.
2
This Order shall not extend to Northern Ireland.
2
1
For the purposes of paragraph (a) of section 29(3) of the Representation of the People Act 1983 as that provision applies in respect of local returning officers at a European Parliamentary election by virtue of regulation 3 of, and Schedule 1 to, the European Parliamentary Elections Regulations 1999 (which, as so applied, provides that a local returning officer is entitled to recover his charges in respect of services properly rendered or expenses properly incurred for or in connection with a European Parliamentary election if the services or expenses are of a kind specified in an order made under that provision and the charges are reasonable)–
a
services of a kind described in paragraphs 1(1) and 2(1) of Part A of the Schedule to this Order (hereafter referred to as “services specified in Part A of the Schedule”); and
b
expenses of a kind described in paragraphs 1(1), 2(1), 3(1) and 4(1) of Part B of the Schedule to this Order (hereafter referred to as “expenses specified in Part B of the Schedule”) and expenses of a kind described in Part C of the Schedule to this Order,
are hereby specified.
2
The maximum recoverable amounts at a contested election in respect of the services specified in Part A of the Schedule or the expenses specified in Part B of the Schedule are hereby specified as the amounts set out in the right-hand column of those Parts in respect of each entry set out opposite thereto in the left-hand column of those Parts.
3
The maximum recoverable amounts at an uncontested election are hereby specified as–
a
£387.31 in respect of the services specified in Part A of the Schedule; and
b
£958.69 in respect of the expenses specified in Part B of the Schedule.
4
In the Schedule to this Order–
a
“election” means a European Parliamentary election;
b
any reference to the register of electors is to the register to be used at the election at which the services were rendered or expenses incurred and to that register as first published;
c
any reference to a constituency is to a parliamentary constituency wholly or partly contained in the European Parliamentary electoral region;
d
“local returning officer” means the officer responsible under the European Regulations for the functions listed in regulation 4 of those Regulations in a parliamentary constituency wholly or partly contained in a European Parliamentary electoral region; and
e
“the European Regulations” means the European Parliamentary Elections Regulations 1999.
Kate Hoey
Parliamentary Under-Secretary of State
Home Office
14th May 1999
We consent to this Order
J Dowd
Gordon Brown
Two of the Lords Commissioners of Her Majesty’s Treasury
14th May 1999


text:
Citation and commencement
1
These Regulations may be cited as the Local Education Authority (Payment of School Expenses) Regulations 1999, and shall come into force on 1st September 1999.
Payment of expenses
2
1
This regulation prescribes the circumstances in which a local education authority may, pursuant to section 518(1)(a) of the Education Act 1996, for the purpose of enabling a child attending a community, foundation, voluntary or special school to take advantage of any educational facilities available to him, pay such expenses as may be necessary to enable him to take part in any school activity.
2
A local education authority may make such a payment where they are satisfied that it should be made in order to prevent or relieve financial hardship.
3
However any payment as mentioned in paragraph (1) must be related to the means of the child’s parents.
4
In this regulation, “child” means a person who is not over compulsory school age.
Revocation and saving
3
1
Regulation 4(a) of the Scholarships and Other Benefits Regulations 1977 is hereby revoked.
2
However paragraph (1) shall not affect the continued operation of regulation 4(a) of those Regulations in connection with–
a
the payment of expenses, or
b
a decision to pay expenses,
under that provision in relation to educational facilities made available before 1st September 1999.
Estelle Morris
Minister of State,
Department for Education and Employment
12th June 1999
Peter Hain
Parliamentary Under Secretary of State, Welsh Office
15th June 1999


text:
Citation and interpretation
1
1
This Order may be cited as the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (Commencement No. 2 and Consequential and Transitional Provisions) Order 1999.
2
In this Order, unless the context otherwise requires —
“ the Act ” means the Social Security Contributions (Transfer of Functions, etc.) Act 1999;
and references to sections and Schedules are references to sections of, and Schedules to, the Act.
Appointed days
2
Subject to article 4 below, the day appointed for the coming into force of —
a
the provisions of the Act which are specified in Part I of the Schedule to this Order, in so far as they authorise the making of Regulations, is 14th June 1999;
b
the provisions of the Act which are specified in Part II of that Schedule, in so far as they are not already in force, is 5th July 1999.
Consequential amendments
3
1
Subject to article 4 below, the Social Security and Child Support (Decisions and Appeals) Regulations 1999 shall on 5th July 1999 be amended in accordance with the following paragraphs of this article.
2
In regulation 1 (interpretation) —
a
in paragraph (3) —
i
after the definition of “appeal” there shall be inserted the following definition: —
“the Board” means the Commissioners of Inland Revenue;
,
ii
in paragraph (b) of the definition of “claimant”, for “the Secretary of State” there shall be substituted “an officer of the Board”, and
iii
in the definition of “official error”, after “Social Security” there shall be inserted “, the Board”, and for “either Department” (in both places where those words occur) there shall be substituted “any of those Departments”;
b
after paragraph (3) there shall be inserted the following paragraph: —
3A
In these Regulations as they relate to any decision made under the Pension Schemes Act 1993 by virtue of section 170(2) of that Act, any reference to the Secretary of State is to be construed as if it were a reference to an officer of the Board.
.
3
In regulation 3 (revision of decisions) —
a
in paragraph (4), for “the Secretary of State” there shall be substituted “an officer of the Board”; and
b
in paragraph (11), after sub-paragraph (b) there shall be inserted
; or
in the case of a contributions decision which falls within Part II of Schedule 3 to the Act , any National Insurance Contributions office of the Board or any office of the Department of Social Security; or
in the case of a decision made under the Pension Schemes Act 1993 by virtue of section 170(2) of that Act , any National Insurance Contributions office of the Board.
.
4
In regulation 33(2) (making of appeals and applications — meaning of “appropriate office”) —
a
in sub-paragraph (c) after “office” there shall be inserted “of the Board, or any office of the Department of Social Security”; and
b
after sub-paragraph (c) there shall be inserted the following sub-paragraph: —
cc
in the case of a decision made under the Pension Schemes Act 1993 by virtue of section 170(2) of that Act, any National Insurance Contributions office of the Board;
.
Transitional provision
4
Notwithstanding paragraph 1(2) of Schedule 8 (which provides for certain determinations made by the Secretary of State to have effect as if made by the Board) section 16(2) shall not apply with respect to any decision given before 5th July 1999 by the Secretary of State of any such question as is mentioned in section 170(1) of the Pension Schemes Act 1993 (which includes such a question among the questions to which section 17(1) of the Social Security Administration Act 1992 applies).
Signed by authority of the Secretary of State for Social Security.
Stephen C. Timms
Minister of State,
Department of Social Security
13th June 1999


text:
1
1
These Rules may be cited as the European Parliamentary Election Petition (Amendment) Rules 1999 and shall come into force on 10th June 1999.
2
In these Rules, unless the context otherwise requires, a rule referred to by number alone means the rule so numbered in the European Parliamentary Election Petition Rules 1979 .
2
In rule 2(3):–
a
omit “, including the rules relating to the discovery and inspection of documents and the delivery of interrogatories,”; and
b
for “action”, substitute “claim”.
3
In rule 5(1) for “ex parte by summons”, substitute, “without notice being served on any Respondent within the meaning of Rule 6”.
4
In rule 6(2):–
a
for “writ of summons”, substitute “claim form”; and
b
for “an affidavit of service”, substitute “a certificate of service”.
5
In rule 7:–
a
in paragraph (1), for “a summons”, substitute “an application notice”; and
b
in paragraph (2):–
i
for “summons”, substitute “application”; and
ii
omit “in chambers”.
6
In rule 9(1), for “summons”, substitute “application notice”.
7
In rule 11, for “motion”, substitute “application notice”.
8
In rule 12:–
a
in paragraph (1), for “motion”, substitute “application notice”;
b
in paragraph (2):–
i
in sub-paragraph (a), for “notice of motion”, substitute “the application notice”; and
ii
in sub-paragraph (b), for “motion”, substitute “application”;
c
in paragraph (3), for “notice of motion”, substitute “application notice”; and
d
in paragraph (4), before “notice”, insert “application”.
9
In rule 13:–
a
in paragraph (1), for “motion”, substitute “application notice”; and
b
in paragraph (2), for “notice of application”, substitute “the application notice”.
10
In rule 14(2), for “motion”, substitute “application notice”.
11
In rule 16(3), for “motion”, substitute “application notice”.
12
In rule 18(1):–
a
for “the provisions of Order 3 of the Rules of the Supreme Court”, substitute “rules 2.8 to 2.11 of the Civil Procedure Rules 1998 ”; and
b
for “Rules of the Supreme Court”, substitute “Civil Procedure Rules”.
Woolf M.R.
Richard Scott V-C.
Anthony May L.J.
John Leslie
Richard Holman
Godfrey Gypps
Henrietta Manners
Peter Haworth
Nicholas Chambers
Harriet Kimbell
David Greene
I allow these Rules which shall come into force on 10th June 1999.
Irvine of Lairg, C.
Dated 18th May 1999