text:
Title, commencement and extent
1
1
These Regulations may be cited as the Marketing of Ornamental Plant Propagating Material Regulations 1999 and shall come into force on–
a
in the case of all provisions other than regulation 7 and regulation 9, 1st July 1999;
b
in the case of regulation 7, 1st August 1999;
c
in the case of regulation 9, 31st December 1999.
2
These Regulations extend to Great Britain.
Interpretation
2
1
In these Regulations, unless the context otherwise requires–
“Directive 77/93/ EEC ” means Council Directive 77/93/EEC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community ;
“Directive 98/56/ EC ” means Council Directive 98/56/EC on the marketing of propagating material of ornamental plants ;
“inspector” means any person authorised by the Minister to be an inspector for the purposes of these Regulations;
“lot” means a number of units of a single commodity, identifiable by its homogeneity of composition and origin;
“marketing” means holding available or in stock, display with a view to sale, offering for sale, sale or delivery by a supplier to another person;
“the Minister” means, as respects England, the Minister of Agriculture, Fisheries and Food and, as respects Scotland or Wales, the Secretary of State;
“propagating material” means plant material intended for–
the propagation of ornamental plants; or
the production of ornamental plants; however, in the case of production from complete plants, the material used shall only be considered to be propagating material if the resulting ornamental plant is intended for further marketing;
“propagation” means reproduction by vegetative or other means;
“Regulation 2100/94” means Council Regulation 2100/94/EC on Community Plant Variety Rights ;
“supplier” means any person professionally engaged in the marketing or in the importation from third countries of propagating material; and
“third country” means a country other than a member State.
2
Any reference in these Regulations to a numbered regulation is a reference to the regulation so numbered in these Regulations.
Marketing requirements and exceptions
3
1
Subject to paragraph (2) below, no supplier shall market any propagating material unless it complies with the requirements of these Regulations.
2
These Regulations shall not apply to propagating material intended for–
a
export to third countries, if identified as such and kept sufficiently isolated from plant material not intended for such export;
b
trials or scientific purposes;
c
selection work;
d
use in the conservation of genetic diversity.
Quality requirements for propagating material
4
Propagating material shall, when marketed–
a
be substantially free from any defects likely to impair its quality as propagating material and in particular, at least on visual inspection, be substantially free from any harmful organisms impairing quality, or any signs or symptoms of such organisms, which reduce its usefulness;
b
have satisfactory vigour and dimensions in respect of its usefulness as propagating material;
c
in the case of seeds, have a satisfactory germination capacity;
d
have satisfactory identity and purity relative to the genus or species or group of plants to which it belongs; and
e
if marketed with reference to a variety pursuant to regulation 11, have satisfactory varietal identity and purity.
Further provisions relating to citrus propagating material
5
In addition to meeting the requirements of regulation 4, citrus propagating material shall–
a
have been derived from initial source material which has been checked and found to show no symptoms of any viruses, virus-like organisms or diseases;
b
have been checked and found to be substantially free of viruses, virus-like organisms and diseases since the beginning of the last cycle of vegetative growth; and
c
where grafting has taken place, have been grafted on to rootstocks of a kind which are not susceptible to viroids.
Further provision relating to flower bulbs
6
In addition to meeting the requirements of regulation 4, flower bulbs shall have been derived directly from material which, at the time the crop of bulbs concerned was growing, was checked and found to be substantially free from any harmful organisms and diseases or any signs or symptoms of such organisms and diseases.
Registration
7
1
Subject to paragraph (2) below, no person shall carry on business as a supplier unless he is registered as such by the Minister.
2
Paragraph (1) above shall not apply to a supplier marketing only to persons who are not professionally engaged in the production or sale of ornamental plants or propagating material.
3
An application for registration as a supplier shall be made in writing and shall be accompanied by the following information–
a
the name of the applicant;
b
the address of the main premises at which the applicant carries on or intends to carry on business as a supplier;
c
the activities which the applicant carries on or intends to carry on which are or will be covered by these Regulations.
4
Registration of a supplier on the register referred to in regulation 15 of the Plant Health (Great Britain) Order 1993 is deemed to constitute registration for the purposes of paragraph (1) above.
5
A supplier registered in accordance with this regulation shall keep records of his sales and purchases of propagating material and shall retain them for a period of not less than 12 months.
Measures to be taken by suppliers
8
1
Suppliers engaged in the production of propagating material shall–
a
identify and monitor critical points in their production process which influence the quality of the material;
b
keep records on the monitoring required in sub-paragraph (a) above;
c
take samples where necessary and send them to be analysed in a laboratory with suitable facilities and expertise;
d
ensure that during production lots of propagating material remain separately identifiable.
2
Without prejudice to paragraph (3) below, a supplier shall treat or, where appropriate, remove any propagating material which, on the basis of visible signs or symptoms, is not substantially free of harmful organisms impairing quality.
3
If a supplier engaged in the production of propagating material finds on his premises a plant pest of a description specified in Schedule 6 to the Plant Health (Great Britain) Order 1993 he shall, if he would not otherwise be required to notify it under article 20 of that Order (notification of the presence or suspected presence of certain plant pests), report it to the Minister and shall carry out any measures laid down by him.
Information on propagating material
9
1
Subject to paragraphs (2) and (3) below, no supplier shall market any propagating material unless it is accompanied by a label or other document made out by him on which appears the appropriate information prescribed in the Schedule to these Regulations.
2
Where propagating material is accompanied by a plant passport issued in accordance with Council Directive 77/93/EEC , the plant passport may constitute the label or other document for the purposes of paragraph (1) above if it contains the appropriate information prescribed in the Schedule to these Regulations.
3
Paragraph (1) above shall not apply to propagating material which is marketed to persons who are not professionally engaged in the production or sale of ornamental plants or propagating material.
Marketing in lots
10
1
Subject to paragraph (2) below, no supplier shall market any propagating material unless it is in lots.
2
Paragraph (1) above shall not apply to–
a
the sale of different lots in a single consignment provided the supplier keeps records of the composition and origin of the different lots;
b
propagating material which is marketed to persons who are not professionally engaged in the production or sale of ornamental plants or propagating material.
Description of propagating material
11
1
Without prejudice to paragraph (2), no supplier shall market propagating material with reference to a variety unless–
a
it is the subject of Community plant variety rights pursuant to Regulation 2100/94 or national plant variety rights under any jurisdiction; or
b
the existence of that variety is a matter of common knowledge as defined in section 38 of the Plant Varieties Act 1997 ; or
c
that variety is entered on a list kept by a supplier which includes:
i
the name of the variety together with its commonly known synonyms, where appropriate;
ii
information as to how the varietal identity and purity of the variety is being maintained and as to the propagation system used;
iii
a description of the variety which shall include, where appropriate, the characteristics of the variety which would be relevant for the purpose of an application for a Community plant variety right in respect of the variety under Regulation 2100/94;
iv
an explanation of how the variety differs from other varieties most closely resembling it.
2
Sub-paragraphs (c)(ii) and (c)(iv) of paragraph (1) above shall not apply to a supplier engaged only in the marketing of propagating material.
3
The list referred to at paragraph (1)(c) above shall be made available to the Minister on request.
4
Where a supplier markets propagating material with reference to the group of plants to which it belongs, the supplier shall indicate the group of plants in such a way as to avoid confusion with any varietal denomination.
Propagating material produced in third countries
12
1
No supplier shall import propagating material from a third country unless he has ensured prior to import that the material to be imported is of an equivalent standard to propagating material produced in accordance with Directive 98/56/EC .
2
A supplier shall notify the Minister in writing of the importation of a consignment of propagating material from a third country within one month of its importation.
3
A supplier shall be deemed to have complied with paragraph (2) above if he delivers a phytosanitary certificate or reforwarding phytosanitary certificate in respect of the consignment in accordance with article 12(5) of the Plant Health (Great Britain) Order 1993.
4
A supplier shall retain documentary evidence of every contract relating to the import of propagating material from a third country during the subsistence of the contract and for at least twelve months after its termination.
Powers of inspectors
13
1
An inspector, upon producing, if required to do so, some duly authenticated document showing his authority, may at any reasonable time enter any premises of a supplier where he reasonably suspects that any activity which is covered by these Regulations is being carried on for the purposes of ascertaining whether there is or has been any contravention of these Regulations.
2
An inspector on entering any premises under paragraph (1) above may take with him such other persons as he reasonably considers to be necessary.
3
An inspector may carry out all reasonable checks and examinations necessary to ensure compliance with these Regulations, and in particular may–
a
take any propagating material or sample from any propagating material and send it for analysis;
b
require the production of any relevant records, lists and other documents;
c
inspect any relevant records, lists and other documents;
d
take any relevant records, lists and other documents for copying.
4
An inspector may by notice in writing served on a supplier in respect of any propagating material on the supplier’s premises that the inspector has reasonable grounds for suspecting fails to comply with the requirements of these Regulations require the supplier not to market or to move from his premises or to permit or cause to be marketed or moved from his premises the propagating material until the supplier has carried out such reasonable measures as the notice may specify.
Service of notices
14
1
A notice under these Regulations shall be deemed to have been served on a supplier if it is delivered to him personally or left for him at his last known place of abode or business or sent through the post addressed to him at his last known place of abode or business.
2
A notice under these Regulations may–
a
in the case of a body corporate, be served on the secretary or clerk of that body at the address of the registered or principal office of that body;
b
in the case of a partnership, be served on a partner or on a person having the control or management of the partnership business or, in Scotland, the firm at the principal office of the partnership.
Offences
15
1
A person who contravenes or fails to comply with any provision of these Regulations without reasonable excuse shall be guilty of an offence.
2
A person guilty of an offence under paragraph (1) above shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Revocations and transitional provisions
16
1
Subject to paragraphs (2) and (3) below, the Marketing of Ornamental Plant Material Regulations 1995 are revoked.
2
Regulation 9 of those Regulations, and regulations 2, 3, 4, 12(1) to 12(3) and 14 of those Regulations to the extent that they apply for the purposes of regulation 9 of those Regulations, shall continue to have effect until 31st December 1999.
3
Regulation 11 of those Regulations, and regulations 2, 3, 4, 12(1) to 12(3), 13 and 14 of those Regulations to the extent that they apply for the purposes of regulation 11 of those Regulations, shall continue to have effect until 1st August 1999.
4
For the purposes of paragraph 4 of Schedule 2 to those Regulations (registration or accreditation number) an accreditation number in existence on 31st July 1999 shall be deemed to continue to exist until 31st December 1999, notwithstanding paragraph (3) above.
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
23rd June 1999
Sewel
Parliamentary Under Secretary of State, Scottish Office
22nd June 1999


type: legislation

jurisdiction: UK

text:
Title, commencement and extent
1
These Regulations may be cited as the Organic Farming Regulations 1999, shall apply to England and shall come into force on 6th April 1999.
Interpretation
2
1
In these Regulations, unless the context otherwise requires–
“the 1994 Regulations ” means the Organic Farming (Aid) Regulations 1994 ;
“aid” means the payments under the Community aid scheme referred to in Article 1 of Council Regulation 2078/92 in so far as it relates to farmers who undertake to introduce organic farming methods;
“agriculture” includes horticulture, fruit growing, seed growing, dairy farming, livestock breeding and keeping and the use of land for grazing, meadow land, market gardens or nursery grounds, but does not include the use of land–
as osier land; or
for woodlands, except where that use is ancillary to any other use of land for the purposes of agriculture;
“agri-environment scheme” means an arrangement which is–
regulated by statutory instrument providing for the payment of aid to persons who give an undertaking or enter into an agreement in relation to the use or management of land; and
approved by the Commission of the European Communities under Article 7(3) of Council Regulation 2078/92 as part of a zonal programme drawn up pursuant to Article 3 of that Regulation;
“application” means an application for aid made in accordance with regulation 9 in respect of one or more organic parcels, but does not include a request under regulation 13(1), and “applicant” and “apply” shall be construed accordingly;
“approved” means approved by an inspection authority;
“authorised person” means a person (whether or not an officer of the Minister ) who is authorised by the Minister, either generally or specifically, to act in relation to matters arising under these Regulations;
“beneficiary” means–
a person whose application, or whose request under regulation 13(1) in respect of land comprising one or more organic parcels, has been accepted by the Minister; or
a person who occupies the whole or any part of an organic unit following a change of occupation of the holding, who has given an undertaking to comply with all the obligations assumed by its previous occupier under these Regulations, in so far as they relate to land comprised in that organic unit, or the part of that organic unit occupied by him, and whose undertaking in such terms has been accepted by the Minister;
“certificate of registration” means a certificate issued by an inspection authority in respect of an organic parcel, specifying the conversion period which applies in relation to that organic parcel, or the date on which that conversion period begins; and for this purpose a certificate so issued is issued “in respect of” an organic parcel if it relates to that organic parcel, whether or not it also relates to any other organic parcel;
“ Commission Regulation ” means Commission Regulation ( EC ) No. 746/96 laying down detailed rules for the application of Council Regulation (EEC) No. 2078/92 , as amended by Commission Regulation (EC) No. 435/97 ;
“conversion”, in relation to an organic parcel, means the conversion of that organic parcel to being fully organic;
“conversion period”, in relation to an organic parcel, means the period determined by the inspection authority as the period in which the conversion of that organic parcel is expected to be completed, being a period starting–
in relation to the first organic period, not later than the date of receipt; and
in relation to any other organic parcel, not later than the fifth anniversary of the date of receipt;
“ Council Regulation 2092/91 ” means Council Regulation (EEC) No. 2092/91 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs , as last amended by Commission Regulation (EC) No. 1900/98 ;
“Council Regulation 2078/92” means Council Regulation (EEC) No. 2078/92 on agricultural production methods compatible with the requirements of the protection of the environment and the maintenance of the countryside , as last amended by Commission Regulation (EC) No. 2772/95 as in turn rectified by Commission Regulation (EC) No. 1962/96 ;
“date of receipt”, in relation to an organic parcel, means the date on which the Minister received an application in accordance with regulation 9 in respect of that organic parcel;
“first organic parcel” means, of all the organic parcels comprised in an application, the organic parcel the conversion period for which begins first;
“first year” means–
in relation to an organic parcel–
in a case where the conversion period in respect of the organic parcel has commenced no later than the date of receipt, the year beginning with the date of receipt; and
in any other case, the year beginning with the anniversary of the date of receipt which is the first such anniversary to occur during the conversion period relating to the organic parcel in question; and
in relation to an organic unit, the first year in relation to the first organic parcel to which an application relates, being the first such application relating to land comprised in that organic unit;
and any reference to any successive year is a reference to the relevant successive year following in sequence from the first year;
“fully organic” in relation to an organic parcel or organic unit means that–
the inspection authority is satisfied that the conversion of that organic parcel or organic unit is completed; and
notification having been given under Article 8 of Council Regulation 2092/91 , details of such organic parcel or organic unit have appeared in the list referred to in that Article;
“grazing year” means any period of twelve months beginning with the date of receipt or any anniversary of the date of receipt;
“holding” means all the production units managed by a producer situated within the same member State’s territory;
“inspection authority”, in relation to an organic unit or organic parcel, means–
the authority designated by the Organic Products Regulations 1992 for the purposes of Article 9 of Council Regulation 2092/91, or
a private inspection body approved by that authority in accordance with Article 9 of that Regulation (which concerns the inspection system to which organic farming is subject),
being the authority or private inspection body to whom the applicant has applied to carry out inspection functions in relation to that organic unit or organic parcel;
“land” means land which is used for agriculture;
“landlord”, in relation to the tenant of a holding, means any person who either solely or jointly owns, or has a superior tenancy of, that holding, and “immediate landlord” means the landlord from whose title (or, as the case may be, joint title) the tenant directly derives his title;
“last organic parcel” means, of all the organic parcels which are the subject of an application, the organic parcel the conversion period for which begins last;
“livestock” means any animal or fowl kept for the production of food, wool or skins or for the breeding of any animal for any such purpose;
“livestock undergoing conversion” means livestock which are identified in an approved plan as being in the process of being converted into organic livestock, and which fully conform to those UKROFS standards which apply in relation to the organic farming of livestock undergoing conversion;
“Minister” means the Minister of Agriculture, Fisheries and Food;
“organic farming” means farming by organic farming methods;
“organic farming methods” has the same meaning as in Article 2(1)(a) of Council Regulation 2078/92;
“organic livestock” means livestock that are identified in an approved plan as being livestock that fully conform to those UKROFS standards which apply in relation to the organic farming of livestock;
“organic parcel” means an area of land which comprises the whole or part of an organic unit and which is identified in an approved plan by reference to such system of field numbering as the Minister may direct;
“organic unit” means an area of land which comprises the whole or part of a holding, and which has been established as an organic unit in accordance with Annex III to Council Regulation 2092/91 (which concerns the delineation of the organic unit by any inspection authority in a report countersigned by the producer);
“owner” means the person who owns the fee simple of the holding, and “owns” shall be construed accordingly;
“plan” means a schedule in writing specifying, in relation to an organic unit–
those parcels which have been registered by the inspection authority;
those parcels which it is intended to register in the future;
the dates on which such organic parcels have been or (as the case may be) are to be registered; and
where the plan relates to land on which livestock are kept, the livestock that are undergoing conversion or are organic livestock;
“specified period”, in relation to an application, means the period beginning with the date of receipt and ending on the expiry of the period of five years from the date on which the first payment becomes payable in respect of the last organic parcel which is the subject of that application;
“tenant” means a person whose right to occupation of a holding derives from–
an agreement which has effect by virtue of section 2 of the Agricultural Holdings Act 1986 as an agreement for the letting of land on a tenancy from year to year;
a tenancy agreement falling within section 1 of the Agricultural Tenancies Act 1995 ; or
a contract for a tenancy for a fixed term of years; and
“UKROFS standards” means the production standards for organic farming of the United Kingdom Register of Organic Food Standards published in January 1999 by the Ministry of Agriculture, Fisheries and Food and known as the UKROFS Standards for Organic Food Production.
2
Any reference in these Regulations to a numbered regulation or Schedule shall be construed as a reference to the regulation or Schedule so numbered in these Regulations.
Aid for organic farming
3
1
Subject to the provisions of regulations 6 and 7, the Minister may make payments of aid in accordance with these Regulations–
a
in respect of an organic parcel, to any person who is a beneficiary in respect of that organic parcel; and
b
in respect of an organic unit, to any person who is a beneficiary in respect of an organic parcel comprised in that organic unit;
provided that, in relation to any payment in respect of any given year, the beneficiary has made a claim for payment in respect of that year in accordance with regulation 9, and has supplied such further information and evidence in relation to that claim as the Minister reasonably may direct to be supplied.
2
If, following the receipt of an application made in accordance with regulation 9, and such information and evidence as the Minister reasonably may direct to be supplied, it appears to the Minister that the applicant satisfies the conditions of eligibility specified in regulation 5 in respect of all, some or any one of the organic parcels that are the subject of that application (“the eligible organic parcels”), the Minister shall, subject to regulations 6, 7 and 8, accept the application with respect to the eligible organic parcel or parcels and notify the applicant in writing of the acceptance and the date from which aid shall become payable in respect of the eligible organic parcel or parcels.
3
An application may be withdrawn by a notice in writing given by the applicant at any time before the application is accepted by the Minister.
4
A claim for the payment of aid shall be made at such time as the Minister may reasonably direct.
5
A payment of aid made by the Minister to a beneficiary pursuant to these Regulations may be made at any time during the year in respect of which the payment in question is to be made.
Determination of amount of aid and periods for which aid is paid
4
1
Subject to the provisions of these Regulations, where a beneficiary is entitled to the payment of aid, the aid shall be paid in respect of the following periods–
a
in respect of an organic parcel, five years–
i
in the case of the first organic parcel, beginning with the date of receipt; and
ii
in any other case, beginning with the anniversary of the date of receipt which is the first such anniversary to occur during the conversion period relating to the organic parcel in question; and
b
in respect of an organic unit, three years beginning with the date of receipt of the first application relating to land comprised in that organic unit.
2
The amount of aid payable under paragraph (1)(a) shall be determined in accordance with Part I of Schedule 1; the amount of aid payable under paragraph (1)(b) shall be determined in accordance with Part II of Schedule 1.
Conditions of eligibility
5
1
The conditions of eligibility referred to in regulation 3(2) are that–
a
the application shall be made in respect of not less than one hectare of land;
b
at the date of his application, the applicant–
i
shall be the owner or tenant of the land which is the subject of his application and in lawful occupation of that land; and
ii
shall not be disqualified from eligibility to participate in an agri-environment scheme either by application of a penalty consequent upon Article 20(2) of the Commission Regulation (which requires member States to determine a system of penalties for breaches of undertakings) or by application of Article 20(3) of the Commission Regulation (which requires a person who, intentionally or by reason of gross negligence, makes a false declaration to be excluded from all aid under Council Regulation 2078/92);
c
the use of any land in accordance with the proposals contained in the application relating to it shall not be such as to frustrate the purposes of any assistance previously given or to be given out of money provided by Parliament or by the European Community; and
d
the applicant shall give the undertakings mentioned in paragraph (2) in support of his application.
2
The undertakings referred to in paragraph (1)(d) are–
a
before claiming aid in respect of any organic parcel, to furnish to the Minister a certificate of registration in respect of that organic parcel;
b
for the duration of the specified period–
i
to retain a certificate of registration in respect of each organic parcel on which aid has been claimed;
ii
to farm the land that is the subject of his application, and such part of the organic unit comprising that land as at any given time is being farmed by organic farming methods, in accordance with the proposals set out in his application and with UKROFS standards and the standards set out in Schedule 2;
iii
to ensure that no livestock other than organic livestock or livestock undergoing conversion are grazed on his organic unit for more than 62 days in each grazing year;
iv
to ensure that any organic livestock or livestock undergoing conversion which are kept on his organic unit are kept in accordance with UKROFS standards; and
v
where at the date of his application the applicant has introduced organic farming on a part of his holding other than the part which is the subject of the application, to ensure that that other part conforms to UKROFS standards and continue with organic farming on that other part of his holding, in accordance with UKROFS standards and the standards set out in Schedule 2; and
c
to complete the conversion of each organic parcel no later than the fifth anniversary of the date on which the conversion period in respect of the organic parcel in question begins.
Restrictions on acceptance of applications
6
1
The Minister shall not accept an application unless–
a
it is accompanied by a certificate of registration given by the inspection authority in respect of the first organic parcel; and
b
it contains a declaration by the applicant that the inspection authority has approved a plan relating to the whole of the organic unit comprising the organic parcel to which the application relates.
2
Subject to paragraph (4) below, the Minister shall not accept an application for aid under these Regulations unless it is made within three months of the date on which a certificate of registration is first issued by the inspection authority in respect of the first organic parcel.
3
The Minister shall not accept an application from an applicant who occupies his holding as a tenant unless the applicant has satisfied the Minister that he has notified his immediate landlord in writing of the making of such application.
4
Paragraph (2) shall not apply to an application in relation to an organic parcel for which a certificate of registration was first issued by an inspection authority at any time after 1st April 1998 and before 6th April 1999.
Restrictions on payment of aid
7
1
Aid shall not be payable in respect of an application in respect of any period before the date of receipt.
2
The Minister may refuse or reduce aid which would duplicate any assistance previously given or to be given out of money provided by Parliament, and for this purpose aid shall be taken to be such as to duplicate such assistance if it would (if paid) be paid for any of the same purposes in respect of any of the same land.
3
No payment of aid shall be made in respect of an organic parcel until the Minister has received a certificate of registration in respect of that organic parcel.
4
Where an application in respect of an organic parcel is accepted before the date on which the conversion period in respect of that organic parcel begins, no payment of aid in respect of that organic parcel shall be made in respect of any period beginning before the anniversary of the date of receipt which is the first such anniversary to occur during that conversion period.
6
Aid shall not be payable in respect of any organic parcel, or any organic unit comprising land to which an application relates, which–
a
is fully organic on the date of receipt; or
b
has been fully organic at any time during the period beginning on 10th August 1993 and ending on the date of receipt.
7
Aid shall not be payable under Part I of Schedule 1 in respect of any organic parcel in respect of any period beginning more than five years after the date on which the first payment of aid became payable in respect of that organic parcel.
Financial limits
8
1
If, in view of the total number of applications already approved or received, the Minister is at any time of the opinion that the financial resources which are available for payment of aid under these Regulations during any period are insufficient to satisfy any payment during that period which would result from the approval of any further application, he may suspend further consideration of any application received at the date of his decision but not yet accepted, or any application he may receive after the date of his decision, until such time as may subsequently be specified by him.
2
Notice of a suspension by the Minister under paragraph (1), or of the termination of any such suspension, shall be published in the London Gazette.
Form and content of application etc.
9
Each of the following–
a
an application,
b
a claim for payment,
c
an undertaking given by a new occupier in accordance with regulation 12, and
d
a request under regulation 13(1) for the substitution of entitlement to payment under these Regulations for entitlement under the 1994 Regulations,
shall be made in writing and in such form, and shall be accompanied by such information, as the Minister reasonably may direct.
Power to vary undertakings
10
1
Subject to paragraph (2), the Minister may in writing, at the request of the beneficiary, vary the terms of any undertaking given by the beneficiary under regulation 5(1)(d), 12(1)(b), 12(6)(d) or 13(3), and any such variation may be subject to such conditions as the Minister reasonably may determine and may be expressed to apply only for a specified period.
2
The Minister shall not vary the terms of an undertaking unless he is satisfied that, having regard to any conditions proposed to be attached to the variation, the purposes for which the undertaking was given will not be adversely affected by the variation.
Amendment of approved plan
11
No amendment to a plan approved by an inspection authority shall have effect unless such amendment has been approved by the inspection authority.
Change of occupation
12
1
Where during the specified period there is a change of occupation of the whole or any part of a beneficiary’s organic unit by reason of the devolution of that organic unit or part on the death of the beneficiary or otherwise–
a
the beneficiary (or, if he has died, his personal representatives) shall within 28 days notify the Minister in writing of the change of occupation, and shall supply to the Minister such information relating to the change of occupation in such form and within such period as the Minister reasonably may direct; and
b
subject to the provisions of this regulation, the new occupier of that organic unit or part may give an undertaking in writing to the Minister to comply, with effect from the date on which he entered into occupation of the organic unit or part (as the case may be) and for the remainder of the specified period, with the obligations assumed by the beneficiary under his application relating to the land comprised in that organic unit, in so far as they apply in relation to the land transferred to the new occupier.
2
Where the change of occupation referred to in paragraph (1) is consequent on the beneficiary’s death, the power conferred on the Minister by regulation 16(2) shall not apply in relation to the beneficiary’s estate, in respect of the beneficiary’s failure to comply with any undertaking by reason of his death.
3
Subject to paragraph (4) below, where the change of occupation referred to in paragraph (1) is not consequent on the beneficiary’s death, the powers which are conferred on the Minister by regulation 16(2) in respect of the beneficiary’s obligations of reimbursement under Article 11(1) of the Commission Regulation (which governs transfers of holdings), or in respect of any failure by the beneficiary to comply with any undertaking, and which are in either case exercisable as a consequence of his ceasing to be in occupation of the organic unit or part of the organic unit (as the case may be), shall not apply, provided that–
a
within three months of the date on which the beneficiary ceased to be in occupation of the land in question, a new occupier gives an undertaking under paragraph (1)(b) in relation to that land; and
b
where the new occupier occupies part only of the beneficiary’s organic unit, the beneficiary satisfies the conditions of eligibility in regulation 5(1)(a), (b) and (c), as they would apply in relation to that part of the organic unit of which he remains in occupation, if an application had been made by him in relation to that part.
4
Provisos (a) and (b) to paragraph (3) shall not apply in relation to any land transferred if, in respect of the whole of the land transferred, the conversion period has been completed and all payments due under these Regulations have been made.
5
Where there is a change of occupation of part of an organic unit, the Minister shall determine the extent to which the obligations assumed by the beneficiary relate to that part, having regard to–
a
the area of land comprised in that part and in the remainder of the organic unit, and
b
the use to which that part is put;
and an undertaking given under paragraph (1)(b) above in respect of part of the organic unit shall apply in relation to that part to the extent so determined.
6
The Minister shall not accept an undertaking under paragraph (1)(b) unless he is satisfied that–
a
the land to which the undertaking relates (“the relevant land”) forms the whole or part of an organic unit comprising the whole or part of the holding of the new occupier or a holding vested in him as personal representative;
b
the new occupier is in lawful occupation of the relevant land as owner or tenant or is in lawful possession of that land as the personal representative of the beneficiary;
c
the conditions of eligibility specified in regulation 5(1)(a), (b)(ii) and (d) would be satisfied if the undertaking were an application in respect of the relevant land to which the undertaking relates; and
d
the new occupier has given the undertaking mentioned in paragraph (7) below in any case where, before entering into occupation of the organic unit in question, the new occupier has introduced organic farming on any part of his holding.
7
The undertaking referred to in paragraph (6)(d) is that the new occupier shall continue to farm the part of his holding referred to in that paragraph in accordance with organic farming methods for the remainder of the specified period which is applicable in relation to the land to which the undertakings of the previous occupier of the organic unit in question related.
8
A new occupier who gives an undertaking to comply with the obligations assumed by the beneficiary shall, within such period following the change of occupation as the Minister reasonably may direct, supply to the Minister such evidence and such supplementary information in such form as the Minister reasonably may direct to be supplied.
9
Where the Minister has accepted an undertaking from a new occupier to comply with the obligations of a beneficiary–
a
that undertaking shall be deemed to take effect on the date that the new occupier entered into occupation of the holding, or part of the holding, as the case may be; and
b
with effect from that date, the previous occupier shall cease to be a beneficiary, and shall cease to be bound by the obligations assumed by virtue of his undertaking, in so far as they apply in relation to the holding or (as the case may be) that part of the holding occupied by the new occupier.
10
Nothing in paragraph (9)(b) shall affect any liability of a beneficiary which has accrued prior to the date on which the undertaking given by the new occupier takes effect.
Payment under these Regulations in lieu of the 1994 Regulations
13
1
A person who after 1st April 1998 gives or has given a prior undertaking may make a request to the Minister to be treated as entitled to aid under these Regulations in respect of the land to which that undertaking relates, in so far as it is situated in England, in lieu of his entitlement under the 1994 Regulations.
2
For the purposes of these Regulations, in so far as they apply in relation to land to which a request under paragraph (1) relates–
a
all the land subject to any given conversion period under the previous scheme shall be treated as an organic parcel;
b
the conversion period in question under the previous scheme shall be treated as the conversion period applicable in relation to such land;
c
the organic unit comprising land to which a request under paragraph (1) relates shall be taken to be the aggregate of the areas referred to in regulation 5(1)(a)(ii) and (iii) of the 1994 Regulations;
d
the specified period, in relation to land comprised in an application accepted under the 1994 Regulations, shall be taken to be the period beginning with the effective date with respect to the first organic parcel and ending on the expiry of the period of five years from the date on which the first payment becomes payable in respect of the last organic parcel which is the subject of that application;
e
in the definition of “first organic parcel” in regulation 2(1), “application” shall be taken to mean an application accepted under the 1994 Regulations;
f
in the definition of “first year” in regulation 2(1), for sub-paragraph (a) there shall be substituted–
a
in relation to an organic parcel–
i
in a case where the effective date is no later than the relevant date, the year beginning with the effective date; and
ii
in any other case, the year beginning the commencement of the conversion period relating to the organic parcel in question; and
;
g
in the definition of “grazing year” in regulation 2(1), for “the date of receipt” there shall be substituted “the effective date”; and
h
in regulation 4(1), for sub-paragraphs (a) and (b) there shall be substituted–
a
in respect of an organic parcel, five years–
i
in a case where the effective date is no later than the relevant date, beginning with the effective date; and
ii
in any other case, beginning with the commencement of the conversion period relating to the organic parcel in question; and
b
in respect of an organic unit, three years beginning with the commencement of the first specified period applicable in relation to land comprised in that organic unit.
.
3
The Minister shall not accept a request under paragraph (1) unless the person making the request has before 6th April 2000 given undertakings in the terms of sub-paragraphs (a) to (c) of regulation 5(2), with the modification that, in sub-paragraphs (b)(ii) and (v), for “application” there shall be substituted “request under regulation 13(1)”.
4
Where the Minister accepts a request under paragraph (1)–
a
the beneficiary shall be entitled to be paid in accordance with Schedule 1 to these Regulations in lieu of his entitlement to payment in accordance with the 1994 Regulations, save that in relation to land in respect of which the effective date is earlier than the date of acceptance–
i
the beneficiary shall not be so entitled in respect of the first year; and
ii
there shall be deducted from any amount payable under these Regulations in respect of any subsequent year any amount already paid in respect of the same period under the 1994 Regulations; and
b
the prior undertaking in question shall be treated as given by the beneficiary in an application under these Regulations.
5
Nothing in paragraph (4)(b) shall–
a
require the prior undertaking to be treated as having been given on any date later than the date on which it was given, or
b
affect any amount to which the beneficiary is or was entitled under the 1994 Regulations in respect of the first year.
6
In this regulation–
a
“the conversion period under the previous scheme” means the conversion period, within the meaning of the 1994 Regulations, applicable with respect to the organic parcel in question in respect of which the prior undertaking was given;
b
“the effective date”, in relation to an organic parcel, means the date on which the conversion period under the previous scheme began;
c
“the first specified period”, in relation to an organic unit, means the specified period applicable with respect to the first application under the 1994 Regulations made in relation to land comprised in that organic unit;
d
“prior undertaking” means an undertaking given for the purposes of an application under the 1994 Regulations; and
e
“the relevant date” means the date on which a request under paragraph 13(1) in accordance with regulation 9 was received by the Minister.
Obligation to keep records
14
An applicant shall keep for the duration of the specified period any correspondence or other records relating to any document mentioned in regulation 9, and any records relating to his farming of any land in accordance with his undertakings under these Regulations.
Obligation to permit entry and inspection
15
1
An applicant shall permit an authorised person, accompanied by such other persons acting under his instructions as appear to that authorised person to be necessary for the purpose, at all reasonable hours and on production of evidence of his authority, if so required, to enter upon any part of the applicant’s holding for the purposes of–
a
inspecting any land forming part of an organic unit or any document or record in the possession or under the control of the applicant relating to, or which the authorised person may reasonably suspect relates to, any document referred to in regulation 9, with a view to verifying the accuracy of any particulars given therein, or in relation thereto; or
b
ascertaining whether the applicant has duly complied with any undertaking given or (by virtue of regulation 13(4)(b)) to be treated as given by him under these Regulations.
2
An applicant shall render all reasonable assistance to an authorised person in relation to the matters mentioned in paragraph (1) above and in particular shall–
a
produce such document or record as may be required by the authorised person for inspection; and
b
at the request of an authorised person, accompany him in making an inspection of any land and identify any area of land to which any application or any undertaking relates.
3
Paragraphs (1) and (2) above shall apply in relation to a beneficiary as they apply in relation to an applicant.
4
Save in so far as is reasonably required for the purposes of inspecting a document or record as mentioned in paragraph (1)(a), paragraph (1) shall not apply in relation to any part of the holding which comprises a private dwelling.
Withholding and recovery of aid, termination and exclusion
16
1
Where any person, with a view to obtaining the payment of aid to himself or any other person, makes any statement or furnishes any information which is false or misleading in a material respect, the Minister may withhold the whole or any part of any aid payable to that person or to that other person and may recover the whole or any part of any such aid already paid to that person or to that other person.
2
Where a beneficiary–
a
fails to comply with any undertaking given, or (by virtue of regulation 13(4)(b)) to be treated as given, by him under these Regulations,
b
fails without reasonable excuse to permit entry and inspection by an authorised person or to render all reasonable assistance to such authorised person as required by regulation 15(2), or
c
fails to comply with any other requirement of these Regulations,
the Minister may withhold the whole or any part of any aid payable to that beneficiary and may recover the whole or any part of any aid already paid to him and may also require him to pay to the Minister a sum not exceeding 10% of the aid paid or payable to the beneficiary.
3
Where the Minister takes any step specified in paragraph (1) or (2), he may also treat as terminated any entitlement of the beneficiary to the payment of aid under these Regulations.
4
Where under paragraph (3) the Minister treats the beneficiary’s entitlement to aid as terminated, he may also by notice in writing to the beneficiary disqualify him from participating in any agri-environment scheme for such period (not exceeding two years) from the date of that termination as may be specified in the notice.
5
Before taking any step specified in paragraph (1), (2), (3) or (4), the Minister shall–
a
give to the beneficiary a written explanation of the reasons for the step proposed to be taken;
b
afford the beneficiary the opportunity of appearing before and being heard by a person appointed for that purpose by the Minister; and
c
consider the report by the person so appointed and supply a copy of the report to the beneficiary.
Recovery of interest
17
1
Where a payment of aid is made to a beneficiary by the Minister and, by virtue of Article 20(1) of the Commission Regulation (which provides for recovery of wrongful payments with interest) a reimbursement of all or part of the payment with interest is required, the rate of interest shall be one percentage point above LIBOR on a day to day basis.
2
For the purposes of this regulation, LIBOR means the sterling three month London interbank offered rate in force during the period specified in Article 20(1) of the Commission Regulation.
3
In any proceedings relating to the recovery of interest in accordance with this regulation, a certificate of the Minister stating the LIBOR applicable during a period specified in the certificate shall be conclusive evidence of the rate applicable in the specified period if the certificate also states that the Bank of England notified the Minister of that rate.
Recovery of payments
18
In any case where an amount falls to be paid to the Minister by virtue of (or by virtue of action taken under) these Regulations or the Commission Regulation in so far as it relates to the holding of a beneficiary, the amount shall be recoverable as a debt.
False statements
19
If any person, for the purposes of obtaining any aid for himself or any other person, knowingly or recklessly makes a statement which is false in a material particular, that person shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Offences by bodies corporate
20
1
Where a body corporate is guilty of an offence under regulation 19 and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of–
a
any director, manager, secretary or other similar officer of the body corporate, or
b
any person who was purporting to act in any such capacity,
he, as well as the body corporate, shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
2
For the purposes of paragraph (1) above, “director”, in relation to a body corporate whose affairs are managed by its members, means a member of that body corporate.
Closure of the organic aid scheme under the 1994 Regulations
21
The Minister shall not accept any application made under the 1994 Regulations unless such application is in respect of land situated in England and is received before 6th April 1999.
Elliot Morley
Parliamentary Secretary, Minister of Agriculture, Fisheries and Food
11th March 1999


text:
1
This Order may be cited as the Public Telecommunication System Designation (Teleport UK Limited (trading as Satellite Media Services)) Order 1999 and shall come into force on 7th December 1999.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Patricia Hewitt,
Minister for Small Business and E-Commerce,
Department of Trade and Industry
28th October 1999


text:
Citation and commencement
1
1
This Order may be cited as the Conon Salmon Fishery District Designation Order 1999 and shall come into force on 14th May 1999.
2
The Alness Salmon Fishery District Designation Order 1995 and a Conon Salmon Fishery District Designation Order 1995 are revoked.
Designation of area of district
2
1
The area described in Schedule 1 to this Order is designated as a salmon fishery district to be known as the Conon Salmon Fishery District.
2
The existing Alness Salmon Fishery District and Conon Salmon Fishery District, being superseded by the district designated by this Order, are abolished.
Application of regulations
3
The regulations specified in Schedule 2 to this Order shall apply to the district designated by article 2 above.
Annual close time
4
1
The annual close time for the district designated by article 2 above shall be the period from 27th August to 10th February, both dates inclusive, in each year.
2
The period, within that annual close time, when it is permitted to fish for and take salmon by rod and line in the district designated by article 2 above shall be–
a
in that part of that district comprising the catchment area of each river which flows directly or indirectly into the Cromarty Firth between, in the West, Ordnance Survey Grid Reference NH6255 6528 (“Balconie Point”) and in the East, Ordnance Grid Reference NH7961 6870 (“the slipway at Nigg Ferry”) together with the adjacent part of that Firth lying within a line drawn due south from Balconie Point to the mid-line of the Firth at high water, thence Eastwards following the mid-line to the point where it intersects a line drawn due North from Ordnance Survey Grid Reference NH7095 6718 (“Newhall Point”) and thence in a straight line to the slipway at Nigg Ferry, the period from 27th August to 31st October, both dates inclusive, in each year; and
b
in any other part of that district, the period from 27th August to 30th September, both dates inclusive, in each year.
G M Thomson
Assistant Secretary, Scottish Office
Pentland House,
Edinburgh
13th May 1999


text:
Citation, commencement, extent and application
1
1
These Regulations may be cited as the Right to Time Off for Study for Training Regulations 1999, shall come into force on 1st September 1999 and shall extend to England and Wales only.
2
These Regulations apply in relation to any employee who ordinarily works in England or Wales.
Interpretation
2
In these Regulations–
“the 1996 Act ” means the Employment Rights Act 1996;
“ BTEC ” means Business and Technology Education Council;
“ CSYS ” means a Certificate of Sixth Year Studies;
“ GCE ‘A’ level examination” and “ GCE 'AS' examination” mean General Certificate of Education advanced level and advanced supplementary examinations respectively;
“ GCSE ” means General Certificate of Secondary Education;
“ GNVQ ” means a General National Vocational Qualification;
“ GSVQ ” means a General Scottish Vocational Qualification;
“ NVQ ” means a National Vocational Qualification;
“ SQA ” means the Scottish Qualifications Authority;
“GSVQ” means a Scottish Vocational Qualification.
Standard of Achievement
3
1
For the purposes of section 63A(1) of the 1996 Act and subject to paragraphs (2) to (4) the standard of achievement shall be as follows:
a
grades A* to C in five subjects in GCSE examinations;
b
SQA Standard Grades at grades 1 to 3 in five subjects;
c
one Intermediate level GNVQ or one GSVQ at level 2;
d
one NVQ or GSVQ at level 2;
e
one BTEC First Certificate awarded by the Edexcel Foundation;
f
one BTEC First Diploma awarded by the Edexcel Foundation;
g
the City and Guilds of London Institute Diploma of Vocational Education at Intermediate level; or
h
16 SQA unit or assessment credits at least 8 of which are at Intermediate 2 or above and the remainder at Intermediate 1, where unit credits are awarded on the basis of 1 per 40 hour SQA National Unit of National Certificate module or SQA Short Course and pro rata for SQA National Units or National Certificate module of different duration.
2
For the purposes of paragraph (1):
a
where an employee has been awarded a Part One GNVQ (Intermediate level) he shall be treated as having achieved grade A* to C in two GCSE subjects;
b
where an employee has been awarded a GNVQ Language Unit (Intermediate level) he shall be treated as having achieved grade A in half a GCSE subject;
c
where an employee has been awarded a grade in an examination relating to a GCSE short course, he shall be treated as having achieved that grade in half a GCSE subject;
d
where an employee has been awarded–
i
a SQA Standard Grade at grades 1 or 2, he shall be treated as having achieved 4 SQA unit or assessment credits at Intermediate 2,
ii
a SQA Standard Grade at grade 3, he shall be treated as having achieved 4 SQA unit or assessment credits at Intermediate 1,
iii
a GSVQ at level 1, he shall be treated as having achieved 12 SQA unit or assessment credits at Intermediate 1,
in any case such unit credits being treated as awarded on the basis of 1 per 40 hour SQA National Unit;
e
where an employee has been awarded an SQA National Certificate module or SQA National Unit of 40 hours duration or an SQA Short Course and the relevant certificate does not specify the level of award–
i
if the title of the module, unit or Short Course ends with the numeral “3” or higher, he shall be treated as having achieved an SQA unit credit at Intermediate 2, and
ii
in any other case, he shall be treated as having achieved an SQA unit credit at Intermediate 1; and
f
sub-paragraph (e) shall also apply in the case of an employee awarded an SQA National Certificate module or SQA National Unit of a duration other than 40 hours where the relevant certificate does not specify the level of award, subject to the modification that the unit credits shall be treated as awarded in that case on the same basis as is specified in paragraph (1)(h).
3
Where an employee has been awarded any of the qualifications specified in paragraph (4) he shall be treated as having attained the standard of achievement for the purposes of section 63A(1) of the 1996 Act.
4
The qualifications referred to in paragraph (3) are:
a
grades A to E in one GCE 'A' level examination;
b
grades A to E in one GCE 'AS' level examination;
c
one Advanced Level GNVQ or one GSVQ at level 3;
d
one SQA Higher Grade at grades A to C;
e
one CSYS at grades A to C; and
f
one NVQ or GSVQ at level 3.
Awarding bodies
4
The awarding bodies listed in the Schedule (whether acting alone or jointly with any other body) are hereby specified for the purposes of section 63A(2)(c) of the 1996 Act.
Tessa Blackstone
Minister of State,
Department for Education and Employment
24th March 1999


text:
1
In rule 1(8) insert at the end of the paragraph the words “When additions and removals have been made by the electoral roll officer a list of such amendments shall be published by being exhibited continuously for not less than fourteen days on or near the principal door of every church in the parish and every building in the parish licensed for public worship in such manner as the Council may appoint and the list shall contain notification of the right of appeal referred to in rule 43.”
Provided that where the roll is published in a form which contains parts each relating to one or more churches or places of worship within the parish, the publication of such amendments to any part of the roll may be limited to the churches or places of worship to which that part relates.
2
In rule 10(3)–
a
leave out all words in sub-paragraph (b) after “disqualified” and insert the words “under rule 46A”; and
b
leave out sub-paragraph (c).
3
In rule 14–
a
in paragraph (1)(d) after the word “churchwardens” insert the words “and any deputy churchwardens who are ex officio members of the parochial church council by virtue of a scheme made under rule 18(4) of these rules,”;
b
in paragraph (3) leave out sub-paragraph (c) and insert the words “(c) if he is or becomes disqualified under rule 46A, from the date on which the disqualification takes effect.”
4
In rule 16(1), in the proviso, after the words “decide that” insert the words “, with effect from the date of that meeting.”
5
In rule 17 leave out the words “on the parochial church council may hold office” and insert “being a member of the parochial church council by virtue of rule 14(1)(g) may hold office after the date of that meeting”.
6
In rule 18–
a
add at the end of paragraph (4) the words “The scheme may also provide for the deputy churchwardens to be ex officio members of the parochial church council.”;
b
in paragraph (8) leave out the word “varied” and insert “amended” and leave out the word “thereunder” and insert “passed in accordance with the provisions of paragraph (4) of this rule”.
7
In rule 19–
a
from the heading leave out the words “and Group Councils”; and
b
in paragraph (8) leave out the word “varied” and insert “amended” and leave out the word “thereunder” and insert “passed in accordance with the provisions of paragraph (4) of this rule”.
8
In rule 20(7) leave out the word “varied” and insert “amended” and leave out the word “thereunder” and insert “passed in accordance with the provisions of paragraph (4) of this rule”.
9
In rule 31, add at the end of paragraph (4) the words “in accordance with rule 32(4)”.
10
In rule 32(4) in line 4 leave out the words from “by the presiding officer” to “Appendix I” and insert “together with a form of nomination in the form set out in section 6 of Appendix I”.
11
In rule 37–
a
in paragraph (1) leave out the words “paragraph (2) of this rule” and insert the words “rule 46A”;
b
at the end of paragraph (1)(b) insert “or, when a casual vacancy is being filled on the date on which the nomination papers are issued in accordance with rule 39(3)”;
c
in paragraph (1)(c), after the words “General Synod” there shall be inserted “or, when a casual vacancy is being filled, on the date on which the nomination papers are issued in accordance with rule 39(3)”; and
d
leave out paragraph (2).
12
In rule 39–
a
in paragraph (11) leave out all words after “candidate” to “Committee” and insert the words “in the election, the Clerk to the General Synod and an election scrutineer appointed by the Business Committee”; and
b
in paragraph (12) leave out the words “Secretary General” and insert the words “Clerk to the General Synod”.
13
In rule 40(1) leave out the words “Standing Committee” and insert the words “lay members of the Business Committee”.
14
In rule 43(4) leave out all the words after “date of” and insert the words “notification of the enrolment, removal or refusal or not later than fourteen days after the last day of the publication (as provided by rule 2(3)) of a new roll or register or of a list of additions or removals from such roll or register.”
15
In rule 44–
a
in paragraph (4)(b) leave out the words “the result thereof has been announced” and insert the words “the day on which the result is declared”;
b
leave out paragraphs (8) and (9) and insert the following paragraphs–
8
An appeal arising out of an election or choice of members of the House of Laity of the General Synod shall, within the period of fourteen days of the appeal being lodged, be referred to the Chairman and Vice-Chairman of that House unless, within that period, the appellant withdraws the appeal in writing. Subject to paragraph (9) of this rule, the Chairman and Vice-Chairman acting jointly shall appoint three persons (one of whom shall be a qualified lawyer) from an appeal panel consisting of the Dean of the Arches and Auditor, the Vicar General of the Province of Canterbury, the Vicar General of the Province of York and twelve members of the House of Laity of the General Synod nominated by the Appointments Committee of the Church of England to consider and decide the appeal.
9
a
Where the Chairman or Vice-Chairman of the House of Laity has given notice of appeal under paragraph (5) above, or where he comes from the diocese to which the appeal relates he shall take no part in the appointing of the three persons to hear the appeal and he shall not be appointed to hear the appeal.
b
Where a member of the appeal panel comes from the diocese to which the appeal relates, or might otherwise have a benefit from the outcome of the election, he shall not be appointed to hear the appeal.
16
In rule 45(d) insert as a new sub-paragraph–
iii
the facts complained of amount to a procedural irregularity in the conduct of the election, but that in all the relevant circumstances the appeal shall be dismissed; or
and re-number sub-paragraph (iii) as sub-paragraph (iv).
17
In rule 46–
a
in paragraph (1)(e) leave out the words “rule 37(2)” and insert the words “46A(c)”; and
b
in paragraph (1)(f) before the words “a diocesan synod” insert the words “a deanery synod,” and after the word “hereof” insert the words “or becomes disqualified in accordance with the provisions of rule 46A(a) hereof,”.
18
After rule 46 insert as a new rule–
46A
a
A person shall be disqualified from being nominated, chosen or elected or from serving as a churchwarden, a member of a parochial church council, a district church council or any synod under these rules if he is disqualified from being a charity trustee under section 72(1) of the Charities Act 1993 and the disqualification is not for the time being subject to a general waiver by the Charity Commissioners under subsection (4) of that section or to a waiver by them under that subsection in respect of all ecclesiastical charities established for purposes relating to the parish concerned.
In this paragraph “ecclesiastical charity” has the same meaning as that assigned to that expression in the Local Government Act 1894;
b
A person shall also be disqualified from being nominated, chosen or elected or from serving as a churchwarden or member of a parochial church council if he has been so disqualified from holding office under section 10(6) of the Incumbents (Vacation of Benefices) Measure 1997;
c
A person shall be disqualified from being nominated for election or from continuing to serve as a member of the General Synod if he holds or takes any paid office or employment appointment to which is or may be made or confirmed by the General Synod, the Convocations, the Archbishops' Council, the Central Board of Finance, the Church Commissioners for England (except that such disqualification shall not apply to any Commissioner so appointed in receipt of a salary or other emoluments), the Church of England Pensions Board or the Corporation of the Church House.
19
In rule 48, leave out paragraph (6) and insert –
6
a
Where the election is to be conducted by the voting papers of a general election, the number of persons to be elected shall be the same as in the general election, provided that no continuing candidate elected during the original count shall be excluded.
b
Where the election is to be conducted by the voting papers of an election other than the general election, the number of persons to be elected shall be calculated by adding together the number of persons previously elected using these voting papers who are still continuing as elected persons, and the number of casual vacancies to be filled, provided that no continuing candidate elected during the original count shall be excluded.
c
The presiding officer for the area in question shall ask every candidate not elected in the previous election who is still qualified for election for the diocese in question if he consents to serve.
d
If the number of candidates is the same as the places to be filled and he or they so consent or only one of those candidates so consents he shall be elected to fill the casual vacancy.
e
If more candidates than places to be filled so consent the votes validly cast in the preceding election shall be recounted from the beginning in accordance with the rules mentioned in rule 39(8), the presiding officer having first withdrawn those candidates who do not consent or are no longer eligible for election.
20
In Appendix I, section 1 after “Full name” insert on a new line “Preferred title (if any)”.
21
In Appendix I, section 4–
a
in paragraph 2 of the notes insert at the end–
2
d
he is not disqualified as referred to in paragraph 3 of these Notes.
b
After paragraph 2 insert as a new paragraph–
3
a
A person shall be disqualified from being nominated, chosen or elected or from serving as a churchwarden, a member of a parochial church council, a district church council or any synod under these rules if he is disqualified from being a charity trustee under section 72(1) of the Charities Act 1993 and the disqualification is not for the time being subject to a general waiver by the Charity Commissioners under subsection (4) of that section or to a waiver by them under that subsection in respect of all ecclesiastical charities established for purposes relating to the parish concerned.
In this paragraph “ecclesiastical charity” has the same meaning as that assigned to that expression in the Local Government Act 1894;
b
A person shall also be disqualified from being nominated, chosen or elected from serving as a churchwarden or member of a parochial church council if he has been so disqualified from holding office under section 10(6) of the Incumbent (Vacation of Benefice) Measure 1997.
and renumber paragraphs 3 and 4 as 4 and 5.
22
In Appendix I, section 6–
a
after the words “I, the above named hereby” insert the words “declare that I am not subject to any disqualification referred to in the Notes on this form and”; and
b
at the end of the form insert –
Disqualifications from being nominated (rule 46A)
A person is disqualified from being nominated for membership of any Synod if he is disqualified from being a charity trustee under section 72(1) of the Charities Act 1993 and the disqualification is not for the time being subject to a general waiver by the Charity Commissioners under subsection (4) of that section or to a waiver by them under that subsection in respect of all ecclesiastical charities established for purposes relating to the parish concerned.
In this paragraph “ecclesiastical charity” has the same meaning as that assigned to that expression in the Local Government Act 1894.
23
In Appendix II paragraph 1–
a
in sub-paragraph (d) leave out all words from the beginning to “shall think fit.” and insert the words–
d
i
The Council may appoint one of their number to act as secretary of the Council. Failing such appointment the office of secretary shall be discharged by some other fit person who shall not thereby become a member of the Council, provided that such person may be co-opted to the Council in accordance with the provisions of rule 14(1)(h);
ii
where a person other than a member of the Council is appointed to act as secretary, that person may be paid such remuneration (if any) as the council deems appropriate provided that such person shall not be eligible to be a member of the council;
and the remainder of sub-paragraph (d) shall be numbered (iii);
b
Leave out sub-paragraph (e) and insert –
e
i
The council may appoint one or more of their number to act as treasurer solely or jointly. Failing such appointment, the office of treasurer shall be discharged either–
by such of the churchwardens as are members of the council or, if there is only one such churchwarden, by that churchwarden solely; or
by some other fit person who shall not thereby become a member of the council, provided that such person may be co-opted to the council in accordance with the provisions of rule 14(1)(h).
ii
where a person other than a member of the Council is appointed to act as treasurer that person may be paid such remuneration (if any) as the Council deems appropriate provided that such person shall not be eligible to be a member of the Council.
Citation, interpretation and commencement
24
1
This resolution may be cited as the Church Representation Rules (Amendment) Resolution 1999, and the Church Representation Rules (Amendment) Resolution 1973 to 1998 and this Resolution may be cited together as the Church Representation Rules (Amendment) Resolutions 1973 to 1999.
2
Any reference in this Resolution to a numbered rule or Appendix is a reference to the rule or Appendix, as the case may be, bearing that number in the Church Representation Rules, as amendment by the Church Representation Rules (Amendment) Resolutions 1973 to 1999, by the Diocese in Europe Measure 1980, by the Care of Churches and Ecclesiastical Jurisdiction Measure 1991, by the Priests (Ordination of Women) Measure 1993, by the Team and Group Ministries Measure 1995 and by the National Institutions Measure 1998.
3
This resolution shall come into force on the first day of January 2000.
P.J.C. Mawer
Secretary General
12th July 1999


text:
Citation and commencement
1
These Regulations may be cited as the Education (School Inspection) (Amendment) Regulations 1999 and shall come into force on 1st April 1999.
Interpretation
2
In these Regulations, “the 1997 Regulations ” means the Education (School Inspection) Regulations 1997 .
Notification of inspection
3
1
In regulation 5(1)(c) of the 1997 Regulations there shall be substituted for the words “the funding authority” the words “a person appearing to them to be an appropriate officer of the local education authority”.
2
For regulation 5(2)(a) of the 1997 Regulations there shall be substituted–
a
a reference to “a school which has a delegated budget” is a reference to a school which has a delegated budget within the meaning of Part II of the School Standards and Framework Act 1998
.
Reports
4
In regulation 7(2) of the 1997 Regulations there shall be substituted for the words “five weeks” the words “six weeks”.
Reports and action plans
5
Regulation 13(4)(b) of the 1997 Regulations shall be omitted.
Estelle Morris
Minister of State,
Department for Education and Employment
2nd March 1999


text:
Citation, commencement, application and interpretation
1
These Regulations may be cited as the Education (School Information) (England) (Amendment) Regulations 1999 and shall come into force on 1st April 1999.
Amendment of the principal Regulations
2
The Education (School Information) (England) Regulations 1998 shall be amended in accordance with these Regulations.
3
In regulation 3(1) after the definition of “the 1996 Act” there shall be inserted–
“the 1998 Act ” means the School Standards and Framework Act 1998;
.
4
The following Part shall be inserted after regulation 7–
PART IIIA
COMPOSITE PROSPECTUS OF ADMISSION INFORMATION
Authority to publish composite prospectus
7A
1
The provisions of this Part–
a
apply in relation to maintained schools (as defined by section 84(6) of the School Standards and Framework Act 1998) in England; and
b
do not require the publication of a composite prospectus in respect of any admission school year before the admission school year 2000/2001.
2
In this Part “composite prospectus” means a composite document required to be published by regulation 7B(1).
7B
1
An authority shall publish in a composite document the information required by this regulation with respect to all maintained schools in the composite prospectus area.
2
For the purposes of this regulation, “the composite prospectus area” comprises–
a
the relevant authority’s area; and
b
all such parts of the appropriate relevant area or appropriate relevant areas as extend beyond that authority’s area.
3
For the purpose of paragraph (2)(b), “appropriate relevant area” means any relevant area (within the meaning of section 89(3) of the 1998 Act) that applies for consultation about the proposed admission arrangements for a school maintained by the relevant authority.
4
An authority may, if they wish, carry out their obligation under paragraph (1) in either or both of the following ways–
a
by publishing separate composite prospectuses covering respectively primary schools and secondary schools; and
b
by dividing the composite prospectus area into two or more parts and publishing a separate composite prospectus covering respectively schools in each part.
5
A composite prospectus shall contain the information specified in Schedule 1A.
6
The time and manner of publication of a composite prospectus shall be in accordance with regulation 7C.
Time and manner of publication of composite prospectus
7C
1
A composite prospectus shall be published before 1st October in the publication school year, and in any event no later than six weeks before the date up to which parents may express a preference in respect of the admission school year for any school mentioned in that prospectus.
2
A composite prospectus shall be published–
a
by copies being made available for distribution without charge to parents on request–
i
at the offices of the authority who are publishing it, and
ii
at every school maintained by that authority; and
b
by copies being made available for reference by parents and other persons at the public libraries in that authority’s area.
5
The following regulation shall be inserted after regulation 13–
Provision of information for composite prospectus
13A
1
For the purpose of enabling the authority to comply with their obligation under regulation 7B, the governing body of every maintained school to be included in a composite prospectus under that regulation shall, in respect of each admission school year, provide to the relevant authority the information specified in Schedule 1A to these Regulations.
2
That information shall be provided no later than such time before the time required for publication of the prospectus as the authority may reasonably require.
6
The following Schedule shall be inserted after Schedule 1–
SCHEDULE 1A
INFORMATION TO BE PUBLISHED IN THE COMPOSITE PROSPECTUS
1
As respects each school mentioned in the composite prospectus:
a
the name, address and telephone number of the school and the name of a person to whom enquiries should be addressed, and
b
the expected number of pupils at the school and their age range.
2
The classification of each such school as–
a
(after the appointed day) a community, foundation, voluntary controlled or voluntary aided school;
b
a primary, middle or secondary school;
c
a comprehensive, secondary modern, grammar or bilateral school;
d
a co-educational or single-sex school;
e
a day or boarding school or a school taking both day and boarding pupils;
except that for the purposes of sub-paragraph (b) or (c) other terminology may be used according to usage in the authority.
3
A summary of the admissions policy determined for the school in relation to each age at which pupils are admitted to the school (including ages above and below compulsory school age).
4
The affiliations, if any, of each such school with a particular religious denomination.
5
In the case of each such school which is a secondary school, where the information is available–
a
the number of places for pupils of the normal age of entry to the school which were available at the start of the school year immediately following the reporting school year; and
b
the number of written applications for places from the start of that year, or (as appropriate) preferences expressed for places at the school pursuant to arrangements made by the relevant authority under section 86(1) of the 1998 Act (or as the case may require section 411(1) of the 1996 Act).
Estelle Morris
Minister of State,
Department for Education and Employment
30th January 1999


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Assisted Places) (Incidental Expenses) (Amendment) Regulations 1999, and shall come into force on 1st September 1999.
2
These Regulations shall apply in relation to a school year beginning on or after the date mentioned in paragraph (1).
Amendment of the Education (Assisted Places) (Incidental Expenses) Regulations 1997
2
1
The Education (Assisted Places) (Incidental Expenses) Regulations 1997 shall be amended as follows.
2
For regulation 2 there shall be substituted–
Grant for clothing expenditure
2
1
In this regulation–
“clothing expenditure”, in relation to an assisted pupil, means expenditure which the school are satisfied–
has been incurred by his parents, or
is about to be incurred by them but which they cannot, without financial hardship, incur in advance of the payment of grant,
on items of uniform and other clothing (including sports clothing) to be worn by him either at school or for the purposes of school activities; and
“uniform grant”, in relation to an assisted pupil, means grant payable to his parents in respect of clothing expenditure.
2
This regulation applies to an assisted pupil in relation to any school year where the relevant income does not exceed £11,466.
3
Where this regulation applies to an assisted pupil in relation to any school year, the school shall pay uniform grant to his parents of an amount equal to so much of the clothing expenditure (disregarding expenditure in respect of which a previous grant has been paid) incurred in respect of that year as does not exceed–
a
£69 where the relevant income does not exceed £10,670; and
b
£36 where that income exceeds £10,670 but does not exceed £11,466.
.
3
In regulation 4–
a
in paragraph (3), for “£10,427” there shall be substituted “ £10,683”; and
b
in paragraph (4)–
i
for “£10,427” there shall be substituted “£10,683”, and
ii
for “£10,248” there shall be substituted “£10,504”.
Charles Clarke
Parliamentary Under Secretary of State,
Department for Education and Employment
25th May 1999
Peter Hain
Parliamentary Under Secretary of State, Welsh Office
27th May 1999


text:
Citation and commencement
1
This Order may be cited as the Judicial Pensions (Qualifying Judicial Offices) (President of the Competition Commission Appeal Tribunals) Order 1999 and shall come into force on 1st October 1999.
2
In Schedule 1 to the Judicial Pensions and Retirement Act 1993 (offices which may be qualifying judicial offices) insert at the end of the section in Part II headed “ Members of tribunals ”:
President of the Competition Commission Appeal Tribunals
.
Kim Howells
Parliamentary Under Secretary of State for Competition and Consumer Affairs,
Department of Trade and Industry
10th August 1999


text:
Citation and commencement
1
This Order may be cited as the Bedford and Shires Health and Care and the South Bedfordshire Community Health Care National Health Service Trusts (Dissolution) Order 1999 and shall come into force on 1st April 1999.
Dissolution of NHS trusts
2
1
The Bedford and Shires Health and Care National Health Service Trust established by the Bedford and Shires Health and Care National Health Service Trust (Establishment) Order 1992 shall be dissolved on 1st April 1999, and accordingly that Order revoked on that date.
2
The South Bedfordshire Community Health Care National Health Service Trust established by the South Bedfordshire Community Health Care National Health Service Trust (Establishment) Order 1991 shall be dissolved on 1st April 1999, and accordingly that Order revoked on that date.
Signed by authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
19th March 1999


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Federal Republic of Yugoslavia (Freezing of Funds and Prohibition on Investment) Regulations 1999, and shall come into force on 25th June 1999.
2
In these Regulations–
a
“body corporate” includes a Scottish partnership and, in relation to such a partnership, any reference to a director of a body corporate is a reference to a partner; and
b
“the EC Regulation ” means Council Regulation (EC) No. 1294/1999 of 15 June 1999 concerning a freeze of funds and a ban on investment in relation to the Federal Republic of Yugoslavia ( FRY ) and repealing Regulations (EC) No. 1295/98 and (EC) No. 1607/98 .
Breaches of the EC Regulation
2
Any person who commits a breach of Article 3, 4 or 5(1) of the EC Regulation shall be guilty of an offence.
Requests for authorisations etc
3
If, in connection with a request pursuant to Article 8(2) of the EC Regulation, any person–
a
makes any statement or furnishes any document or information which to his knowledge is false in a material particular, or
b
recklessly makes any statement or furnishes any document or information which is false in a material particular, he shall be guilty of an offence.
Information
4
The Schedule to these Regulations shall have effect in order to facilitate the obtaining, by or on behalf of the Treasury or the Bank of England, of information for the purpose of ensuring compliance with the EC Regulation.
Penalties and proceedings
5
1
Any person guilty of an offence under regulation 2 or 3 above or under paragraph 2(b) or (c) of the Schedule to these Regulations shall be liable–
a
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or both;
b
on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding the statutory maximum, or both.
2
Any person guilty of an offence under paragraph 2(a) of the Schedule to these Regulations shall be liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 5 on the standard scale, or both.
3
Where any body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, that person as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
4
Proceedings against any person for an offence under these Regulations may be taken before the appropriate court in the United Kingdom having jurisdiction in the place where that person is for the time being.
5
No proceedings for an offence under these Regulations, other than a summary offence, shall be instituted in England, Wales or Northern Ireland except by or with the consent of the Secretary of State, the Treasury or the Attorney General or, as the case may be, the Attorney General for Northern Ireland:
Provided that this paragraph shall not prevent the arrest, or the issue or execution of a warrant for the arrest, of any person in respect of such an offence, or the remand in custody or on bail of any person charged with such an offence, notwithstanding that the necessary consent to the institution of proceedings for the offence has not been obtained.
Revocations
6
The Federal Republic of Yugoslavia and Serbia (Freezing of Funds) Regulations 1998 and the Republic of Serbia (Prohibition on Investment) Regulations 1998 are revoked.
David Jamieson
Jane Kennedy
Two of the Lords Commissioners of Her Majesty’s Treasury
24th June 1999


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


text:
1
This Order may be cited as the Northern Ireland Act 1974 (Interim Period Extension) Order 1999, and shall come into force forthwith.
2
The interim period specified by section 1(4) of the Northern Ireland Act 1974 shall continue until 16th July 2000.
Marjorie Mowlam
One of Her Majesty’s Principal Secretaries of State
Northern Ireland Office
14th July 1999


text:
Citation and commencement
1
These Regulations may be cited as the Chemicals (Hazard Information and Packaging for Supply) (Amendment) Regulations 1999 and shall come into force on 1st March 1999.
Interpretation
2
In these Regulations “the principal Regulations ” means the Chemicals (Hazard Information and Packaging for Supply) Regulations 1994 .
Amendment of regulation 4 of the principal Regulations
3
For regulation 4 of the principal Regulations, substitute the following regulation–
4
In these Regulations the “approved supply list” means the document–
a
entitled “Information Approved for the Classification and Labelling of Substances and Preparations Dangerous for Supply (4th Edition)” approved by the Health and Safety Commission on 22nd October 1998;
b
as revised by the document entitled the “Approved Supply List supplement” approved by the Health and Safety Commission on 12th January 1999.
.
Transitional provisions
4
Until 31st October 1999, it shall be sufficient compliance with the requirements of the principal Regulations, if the requirements of those Regulations are complied with as in force immediately before these Regulations came into force.
Signed by authority of the Secretary of State
Alan Meale
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
26th January 1999


text:
Citation and commencement
1
These Regulations may be cited as the Telecommunications (Licence Modification) (Standard Schedules) Regulations 1999 and shall come into force on 27th September 1999.
Effect of Schedules
2
References to “the standard Schedules” in licences granted by the Secretary of State under section 7 of the Telecommunications Act 1984 shall be references to the Schedules hereto.
Patricia Hewitt,
Minister of State for Small Business and E Commerce,
Department of Trade and Industry
3rd September 1999


text:
Title and commencement
1
These Regulations may be cited as the Common Agricultural Policy (Wine) (Amendment) Regulations 1999, and shall come into force on 1st April 1999.
Amendment of the Common Agricultural Policy (Wine) Regulations 1996
2
The Common Agricultural Policy (Wine) Regulations 1996 shall be amended in accordance with regulations 3 to 9 of these Regulations.
3
In Schedule 1 (Community provisions)–
a
in the items listed below, in each case at the end of the first column, there shall be inserted–
i
in item 9, the words “and by Council Regulation ( EC ) No. 2329/98 ( OJ No. L291, 30.10.98, p. 2)”;
ii
in item 14, the words “and by Commission Regulation (EC) No. 1231/98 (OJ No. L168, 13.6.98, p. 24)”;
iii
in item 15, the words “and by Council Regulation (EC) No. 2839/98 (OJ No. L354, 30.12.98, p. 12)”;
iv
in item 19, the words “and by Commission Regulation (EC) No. 960/98 (OJ No. L135, 8.5.98, p. 4)”;
v
in item 24, the words “and by Council Regulation (EC) No. 1631/98 (OJ No. L210, 28.7.98, p. 14)”;
vi
in item 26, the words “and by Council Regulation (EC) No. 1627/98 (OJ No. L210, 28.7.98, p. 8)”;
vii
in item 29, the words “and by Council Regulation (EC) No. 1629/98 (OJ No. L210, 28.7.98, p. 11)”;
viii
in item 34, the words “and by Council Regulation (EC) No. 2838/98 (OJ No. L354, 30.12.98, p. 11)”;
ix
in item 38, the words “and by Commission Regulation (EC) No. 847/98 (OJ No. L120, 23.4.98, p. 14) and by Commission Regulation (EC) No. 2770/98 (OJ No. L346, 22.12.98, p. 25)”;
x
in item 45, the words “and by Council Regulation (EC) No. 1629/98 (OJ No. L210, 28.7.98, p. 11)”;
xi
in item 52, the words “as amended by Commission Regulation (EC) No. 693/98 (OJ No. L96, 28.3.98, p. 17)”;
b
after item 56 there shall be inserted the following item–
in the first column (measures containing Community provisions) in the second column (OJ reference)
57
Commission Regulation (EC) No. 881/98 laying down detailed rules for the protection of the additional traditional terms used to designate certain types of quality wine produced in specified regions (quality wine psr) as amended by Commission Regulation (EC) No. 2215/98 (OJ No. L279, 16.10.98, p. 4)
OJ No. L124, 25.4.98, p. 22
.
4
In Part I (accompanying documents and records) of Schedule 2 (relevant Community provisions), in item 2, in the second column–
a
after the words “and by Regulation 127/97 : Article 1” there shall be inserted the words “and by Regulation 2838/98 : Article 1”, and
b
at the end of that column there shall be inserted the words “and by Regulation 1648/96 : Article 1 and by Regulation 960/98 : Article 1”.
5
In Part II (quality wines produced in specified regions) of Schedule 2, in item 13, at the end of the second column, there shall be inserted the words “and Regulation 881/98 as amended by Regulation 2215/98”.
6
In Part III (description and presentation) of Schedule 2, in the items listed below, in both cases at the end of the second column, there shall be inserted–
a
in item 1, the words “and by Regulation 2543/97 : Article 1 and by Regulation 847/98 : Article 1 and by Regulation 2770/98 : Article 1”;
b
in item 3, the words “and by Regulation 1631/98 : Article 1”.
7
In Part IV (production and control of planting) of Schedule 2, in item 2, at the end of the first column, there shall be inserted the words “and by Regulation 1627/98 : Article 1”.
8
In Part V (oenological processes and conditions for release to the market) of Schedule 2, there shall be inserted–
a
in item 9, at the end of the first column, the words “and Regulation 1627/98”;
b
in item 17, at the end of the second column, the words “and Regulation 2612/97 : Article 1 and Regulation 2839/98 : Article 1”;
c
in item 19, at the end of the first column, the words “and by Regulation 1629/98 : Article 1”;
d
in item 22, at the end of the first column, the words “and by Regulation 1629/98 : Article 2” and, at the end of the second column, the words “ : as amended by Regulation 693/98 : Article 1”.
9
In Schedule 3 (list of vine varieties for producing table wine)–
a
after the variety “Perle” there shall be inserted the variety “Phoenix”, and
b
after the variety “Pinot noir” there shall be inserted the variety “Regent”.
Donoughue
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
22nd February 1999
Jon Owen Jones
Parliamentary Under Secretary of State, Welsh Office
25th February 1999


text:
Citation and interpretation
1
1
This Order may be cited as the Social Security Act 1998 (Commencement No. 5) Order 1999.
2
In this Order, except where the context otherwise requires, references to sections and Schedules are references to sections of and Schedules to the Social Security Act 1998.
Appointed day
2
4th March 1999 is the appointed day for the coming into force of —
a
the provisions of the Social Security Act 1998 which are specified in the Schedule to this Order in so far as they authorise the making of regulations; and
b
paragraph 104 of Schedule 7 to that Act and section 86(1) in so far as it relates to that paragraph.
Signed by authority of the Secretary of State for Social Security.
Hugh Bayley
Parliamentary Under-Secretary of State,
Department of Social Security
3rd March 1999


text:
Citation and commencement
1
This Order may be cited as the Hillingdon Hospital National Health Service Trust (Establishment) Amendment Order 1999 and shall come into force on 1st July 1999.
Amendment of NHS Trust Establishment Order
2
In paragraph (2) of article 3 of the Hillingdon Hospital National Health Service Trust (Establishment) Order 1990 (nature and functions of the trust), after “UB8 3NN” there shall be added the words “; and to own and manage hospital accommodation at Mount Vernon Hospital, Rickmansworth Road, Northwood, Middlesex HA6 2RN and there to manage local acute services”.
Signed by authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
21st June 1999


text:
Title and commencement
1
These Regulations may be cited as the Cattle Identification (Amendment) Regulations 1999 and shall come into force on 4th June 1999.
Amendment to the Cattle Identification Regulations 1998
2
The Cattle Identification Regulations 1998 are amended by substituting the following for regulation 29(2)–
2
For the purposes of Article 7.3 of the Council Regulation (supply of information concerning cattle) the competent authority is the local authority or–
a
in England, the Minister of Agriculture, Fisheries and Food;
b
in Scotland, the Secretary of State for Scotland;
c
in Wales–
i
until 1st July 1999, the Secretary of State for Wales;
ii
on or after 1st July 1999, the National Assembly for Wales.
2A
The competent authority referred to the second time in Article 7.4 of the Council Regulation (keeping a register of cattle) is the local authority or–
a
in England, the Minister of Agriculture, Fisheries and Food;
b
in Scotland, the Secretary of State for Scotland;
c
in Wales–
i
until 1st July 1999, the Secretary of State for Wales;
ii
on or after 1st July 1999, the National Assembly for Wales.
.
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
10th May 1999
Sewel
Parliamentary Under Secretary of State, Scottish Office
12th May 1999


text:
Citation and commencement
1
1
This Order may be cited as the Railways (Alternative Closure Procedure) (Amendment) Order 1999 and shall come into force on 13th December 1999.
2
In this Order “the 1994 Order ” means the Railways (Alternative Closure Procedure) Order 1994 .
Amendment of the 1994 Order
2
Article 2 of the 1994 Order shall be amended as follows —
a
the word “and” at the end of paragraph (i) shall be deleted;
b
at the end of paragraph (ii) there shall be inserted —
and
iii
article 4(1) of the Docklands Light Railway (Lewisham Extension) (Exemptions) Order 1999
; and
c
in the Schedule to the 1994 Order, at the end there shall be inserted —
London Docklands Railway (Lewisham) Act 1993
.
Signed by authority of the Secretary of State for the Environment Transport and the Regions
Gus MacDonald
Minister for Transport,
Department of the Environment, Transport and the Regions
19th November 1999