text:
Citation, extent and commencement
1
1
These Regulations may be cited as the Tax Credit (New Category of Child Care Provider) Regulations 1999 and shall come into force on the fourteenth day after the day on which they were made.
2
Paragraph (3) below applies if, before these Regulations come into force, the functions of the Secretary of State under section 15 of the Tax Credits Act 1999 in relation to the accreditation of organisations in accordance with criteria determined by or under a scheme made under that section have become vested in the National Assembly for Wales by virtue of an Order made under section 22 of the Government of Wales Act 1998 .
3
Where this paragraph applies, references in these regulations to the Secretary of State shall be read in relation to Wales as references to the National Assembly for Wales.
Interpretation
2
1
In these Regulations —
“accredited” in relation to an organisation means accredited by the Secretary of State in accordance with the criteria set out in these Regulations;
“child care provider” means a person who looks after one or more children over the age of seven and under the age of fifteen (under the age of sixteen if the child is disabled) for reward on domestic premises, or a person who provides day care for such children on premises (other than domestic premises) for a period, or for a total of the periods during which children are looked after in any day, exceeding two hours;
“disabled” in relation to a child under the age of sixteen means, a child —
in respect of whom disability living allowance is payable, or has ceased to be payable solely because he is a patient within the meaning of regulation 10 of the Disability Working Allowance (General) Regulations 1991 ;
who is registered as blind in a register compiled by a local authority under section 29 of the National Assistance Act 1948 (welfare services) or, in Scotland, has been certified as blind and in consequence he is registered as blind in a register maintained by or on behalf of a regional or islands council; or
who ceased to be registered as blind in such a register within the 28 weeks immediately preceding the date of claim;
“disabled person’s tax credit” shall be construed in accordance with section 1(1) of the Tax Credits Act 1999;
“system” means the quality assurance system operated by an accredited organisation for assessing the quality of child care provided and for approving such child care for the purposes of determining the amount of working families' tax credit or disabled person’s tax credit available to users of such child care;
“working families' tax credit” shall be construed in accordance with section 1(1) of the Tax Credits Act 1999.
2
Except where the context otherwise requires, any reference in these Regulations to a regulation or Schedule is a reference to a regulation contained herein or to a Schedule hereto, any reference in a regulation or Schedule to a paragraph is a reference to a paragraph of the regulation or Schedule, and any reference in a paragraph to a sub-paragraph is a reference to a sub-paragraph thereof.
Scheme for new category of child care providers
3
These Regulations establish a scheme for establishing a new category of persons whose charges for providing child care are to be taken into account for the purposes of determining the appropriate amount of working families' tax credit or disabled person’s tax credit for the purposes of section 15 of the Tax Credits Act 1999.
Requirements for the scheme
4
No person shall fall within the new category unless he is approved by an accredited organisation.
Criteria for accreditation
5
The Secretary of State shall accredit an organisation for the purposes of the scheme if in his opinion it satisfies the following criteria —
a
it operates a system for approving child care providers that meets the requirements set out in regulation 6 and is satisfactory to the Secretary of State;
b
it has the ability to ensure the quality of child care provided by persons which it approves;
c
it satisfies such other conditions relating to the system as the Secretary of State considers necessary and expedient; and
d
it operates an equal opportunities policy for its employees, in relation to the services it provides, to the quality assurance scheme and to the training of assessors.
Requirements of the system
6
The system shall include the matters set out in the First Schedule.
Application for accreditation
7
An organisation seeking accreditation shall apply to the Secretary of State in a form substantially corresponding to that set out in Part I of the Second Schedule, containing the information therein specified and dated and authenticated by the signature of a duly authorised officer of the organisation.
Grant of accreditation
8
1
Subject to the following paragraphs of this regulation, where an organisation applies to the Secretary of State for accreditation he may —
a
reject the application, or
b
grant the accreditation on such conditions, if any, as he thinks necessary or expedient.
2
Before making a decision in accordance with paragraph (1), the Secretary of State may require further evidence from the organisation, and may consult any person as he thinks fit.
3
Before rejecting an application under paragraph (1), the Secretary of State shall advise the organisation in writing that he is minded not to accredit the organisation, giving his reasons, and inviting the organisation to make representations in support of its application within 28 days after the notification is issued.
4
The Secretary of State shall consider any representations made by the organisation before making his decision under paragraph (1).
5
Where the Secretary of State is minded to grant accreditation in principle under paragraph (1)(b), he shall notify the organisation in writing that he is minded to grant the accreditation on the conditions set out in the notification.
6
When the organisation receives a notice issued under paragraph (5) it shall within 28 days either
a
advise the Secretary of State in writing that it accepts the conditions proposed; or
b
make representations in support of its objections to the conditions proposed.
7
The Secretary of State shall consider any representation made by the organisation about the conditions, before he makes his decision under paragraph (1).
8
When the Secretary of State makes his decision under paragraph (1) he shall notify the organisation concerned in writing.
9
When the Secretary of State decides to accredit an organisation, the notice in writing issued under paragraph (8) shall specify the conditions of accreditation, and a copy of the notice of accreditation shall be sent to the Inland Revenue.
10
Accreditation shall be for a period of three years and shall be conditional upon the organisation continuing to meet the conditions and criteria for accreditation.
Renewal of accreditation
9
1
If an accredited organisation wishes to renew its accreditation it must, during the period of two months prior to the expiry of its accreditation, make an application to renew in a form substantially corresponding to that set out in Parts I and II of the Second Schedule.
2
Where an organisation applies to the Secretary of State for renewal of an accreditation he may —
a
reject the application, or
b
grant the accreditation on such conditions, if any, as he thinks fit.
3
The Secretary of State shall follow the procedures set out in regulation 8(2) to (8) when making his decision, and may vary the conditions imposed on the accreditation.
4
Any renewed accreditation shall be for a period of three years from the expiry of the earlier accreditation, and shall be conditional upon the organisation continuing to meet the conditions and criteria for accreditation.
5
Until the determination of an application under paragraph (1), the accreditation shall continue in force, not withstanding that apart from this paragraph it would expire earlier.
Withdrawal of accreditation or variation of conditions of accreditation
10
1
Subject to the following paragraphs of this regulation, the Secretary of State may withdraw accreditation or vary the conditions of accreditation if he is satisfied that —
a
the organisation no longer meets the criteria for accreditation set out in regulation 5; or
b
the organisation has acted improperly.
2
The Secretary of State shall notify the organisation in writing if he is minded to withdraw the accreditation or vary the conditions of accreditation, giving his reasons and inviting the organisation to make representations within 28 days after the notice is issued.
3
The Secretary of State shall consider any representation before making his decision under paragraph (1).
4
When the Secretary of State makes his decision under paragraph (1), he shall notify the organisation concerned in writing.
5
If the decision is to withdraw the accreditation or vary the conditions of accreditation, such decision shall become effective 28 days after the date on which the organisation is informed of the decision, but otherwise the decision shall take effect when it is made.
6
If the Secretary of State is of the opinion that it is necessary to suspend the organisation’s accreditation for the period during which he is considering withdrawing the accreditation or varying the conditions of accreditation, he may do so, provided that he has notified the organisation of this in the notice issued under paragraph (2).
7
If the accreditation is suspended in accordance with paragraph (6), the organisation shall not approve any child care providers during the period of the suspension, without prejudice to the validity of approvals already given.
Requirements during the period of accreditation
11
During the period for which an organisation is accredited that organisation shall —
a
provide, to the Inland Revenue or to the Secretary of State, such information as is requested about child care providers that it has approved under its system for the purposes of checking eligibility for child care tax credit or for insuring the effective operation of the system;
b
maintain adequate records about the approval process it operates, including evidence supplied by child care providers seeking approval under the system, which shall be produced, on request, to the Secretary of State;
c
allow the Secretary of State or his nominee to attend meetings of the panel awarding approval to child care providers, and to accompany assessors on visits to child care providers during the process of assessment and on any subsequent checks once the provider is approved under the system.
Requirements during the period of approval
12
During the period for which he is approved by an accredited organisation a child care provider shall allow quality assessors and representatives of the accredited organisation, of the Secretary of State and of the Inland Revenue access at any reasonable time to the child care provider’s premises and records.
Consequences for child care providers approved by organisation when accreditation is withdrawn or expires
13
1
When an organisation’s accreditation is withdrawn or expires without being renewed the Secretary of State may, by notice, substitute an alternative accredited organisation to replace the organisation which no longer has a valid accreditation.
2
The child care provider who has been approved by the organisation that no longer has a valid accreditation shall retain his approval for the remainder of the period of approval, unless the Secretary of State is of the opinion that such approval was improperly granted.
3
Where the Secretary of State is of such an opinion he shall serve a notice on the child care provider terminating the approval.
Criteria for approval of child care provider
14
An accredited organisation shall approve a child care provider who meets the criteria set out in the system, which criteria shall include those matters set out in the Third Schedule.
Grant to accredited organisation
15
The Secretary of State may make payments by way of grant or otherwise to an accredited organisation in respect of costs incurred by the organisation in carrying out its functions.
Margaret Hodge
Parliamentary Under Secretary of State,
Department for Education and Employment
18th November 1999


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Local Authorities (Members' Allowances) (Amendment) (No. 2) Regulations 1999 and shall come into force on 30th April 1999.
Increase of allowances
2
1
Regulation 18 of the Local Authorities (Members' Allowances) Regulations 1991 is amended —
a
in paragraph (1) (attendance allowance), by the substitution of “£29.48” for “£28.62”; and
b
in paragraph (2) (financial loss allowance) by the substitution —
i
in sub-paragraph (a), of “£26.24” for “£25.06”; and
ii
in sub-paragraphs (b) and (c), of “£52.49” for “£50.13”.
2
The amendments made by paragraph (1) shall have effect in respect of approved duties performed on or after 30th April 1999.
Revocation
3
The Local Authorities (Members' Allowances) (Amendment) (No. 2) Regulations 1998 are revoked with effect from 30th April 1999.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Alan Meale
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
30th March 1999
Signed by authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under Secretary of State, Welsh Office
1st April 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Borough of Sedgefield (Electoral Changes) Order 1999.
2
This Order shall come into force–
a
for the purpose of proceedings preliminary or relating to elections to be held on 1st May 2003, on 10th October 2002;
b
for all other purposes, on 1st May 2003.
3
In this Order–
“borough” means the borough of Sedgefield;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
any reference to the map is a reference to the map prepared by the Department of the Environment, Transport and the Regions marked “Map of the Borough of Sedgefield (Electoral Changes) Order 1999”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 ; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Wards of Sedgefield
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into nineteen wards which shall bear the names set out in column (1) of the Schedule.
3
The wards shall comprise the areas described in column (2) of the Schedule by reference to parishes or, where no area is so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of the Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, waterway or similar geographical feature, it shall be treated as running along the centre line of the feature.
Wards of the parish of Ferryhill
3
1
The existing wards of the parish of Ferryhill shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names Broom, Ferryhill & Dean Bank and Ferryhill Station; the parish wards of Broom and Ferryhill & Dean Bank shall be coterminous with the borough wards of Broom and Ferryhill respectively and the Ferryhill Station parish ward shall consist of the rest of the parish.
3
The number of councillors to be elected for the Broom parish ward shall be eight, for the Ferryhill & Dean Bank parish ward shall be seven and for the Ferryhill Station parish ward shall be two.
Wards of the parish of Great Aycliffe
4
1
The existing wards of the parish of Great Aycliffe shall be abolished.
2
The parish shall be divided into six parish wards which shall bear the names Aycliffe Village, Neville & Simpasture, Shafto St Mary's, West, Woodham North, and Byerley Park, Horndale & Cobblers Hall; and the wards shall comprise the areas designated on sheet 6 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for each of the Byerley Park, Horndale & Cobblers Hall, Shafto St Marys, West and Woodham North parish wards shall be six, for the Neville & Simpasture parish ward shall be five and for the Aycliffe Village parish ward shall be one.
Wards of the parish of Shildon
5
1
The existing wards of the parish of Shildon shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names Byerley, Eldon, Sunnydale and Thickley; and the wards shall comprise the areas designated on sheet 7 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for each of the Sunnydale and Thickley parish wards shall be six, for the Byerley parish ward shall be five and for the Eldon parish ward shall be one.
Wards of the parish of Spennymoor
6
1
The existing wards of the parish of Spennymoor shall be abolished.
2
The parish shall be divided into six parish wards which shall bear the names Byers Green, Low Spennymoor & Tudhoe Grange, Merrington, Middlestone, Spennymoor and Tudhoe; and the wards shall comprise the areas designated on sheet 8 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for each of the Spennymoor and Low Spennymoor & Tudhoe Grange parish wards shall be six, for each of the Middlestone and Tudhoe parish wards shall be four, and for each of the Byers Green and Merrington parish wards shall be one.
Wards of the parish of Trimdon
7
1
The existing wards of the parish of Trimdon shall be abolished.
2
The parish shall be divided into two parish wards which shall bear the names New Trimdon & Trimdon Grange and Old Trimdon; the parish ward of New Trimdon & Trimdon Grange shall be coterminous with the borough ward of the same name and the Old Trimdon parish ward shall consist of the rest of the parish.
3
The number of councillors for the Old Trimdon parish ward shall be thirteen and for the New Trimdon & Trimdon Grange parish ward shall be eight.
Revocation
8
The District of Sedgefield (Electoral Arrangements) Order 1979 is hereby revoked.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Beverley Hughes
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
7th September 1999


text:
Citation and commencement
1
This Order may be cited as the Bolton Education Action Zone Order 1999 and shall come into force on 10th January 2000.
Interpretation
2
In this Order —
“partners” means those persons listed in Schedule 1 to this Order; and
“zone school” means a school listed in Schedule 2 to this Order.
Constitution of education action zone
3
The schools listed in Schedule 2 to this Order shall constitute collectively an education action zone under the name of the Bolton Education Action Zone (“the zone”) for the purposes of Chapter III of Part I of the School Standards and Framework Act 1998.
Education Action Forum
4
There shall be an Education Action Forum for the zone to be known as the Bolton Education Action Forum (“the Forum”), the membership of which shall include —
a
one person appointed by the governing body of each zone school, unless any such governing body chooses not to make such an appointment;
b
either one or two persons appointed by the Secretary of State;
c
one person appointed by each partner, unless any partner chooses not to make such an appointment;
d
two persons appointed by the Education and Arts Committee of Bolton Metropolitan Borough Council; and
e
two persons who live in the area served by the zone schools, as appointed by the other members of the Forum.
5
The Forum may at any time appoint up to a maximum of five additional members in total from —
a
up to two persons representing the interests of business in the area served by the zone schools;
b
up to two parents of registered pupils attending zone schools; and
c
up to two persons representing the interests of the education sector generally in the area served by the zone schools.
Disqualification for membership of the Forum
6
Articles 7 to 9 shall have effect for the purpose of prescribing the circumstances and cases in which a person is to be disqualified for holding, or continuing to hold, office as a member of the Forum.
Disqualification for membership of the Forum — bankruptcy etc
7
1
Subject to the provisions of this article, a person shall be disqualified for holding, or for continuing to hold, office as a member of the Forum if he has been adjudged bankrupt or has made a composition or arrangement with his creditors; and a member, on becoming so disqualified, shall give written notice of the fact to the secretary to the Forum.
2
Where a person is disqualified by reason of his having been adjudged bankrupt, that disqualification shall cease —
a
unless the bankruptcy order made against that person is previously annulled, on his discharge from bankruptcy; and
b
if the bankruptcy order is so annulled, on the date of the annulment.
3
Where a person is disqualified by reason of his having made a composition or arrangement with his creditors and he pays his debts in full, the disqualification shall cease on the date on which the payment is completed and in any other case it shall cease on the expiration of three years from the date on which the terms of the deed of composition or arrangement are fulfilled.
Disqualification for membership of the Forum — criminal convictions
8
1
Subject to paragraph (2) a person shall be disqualified for holding, or for continuing to hold, office as a member of the Forum if —
a
within five years before his appointment would otherwise have taken effect or since his appointment, he has been convicted, whether in the United Kingdom or elsewhere, of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine;
b
within twenty years before his appointment would otherwise have taken effect, he has been convicted as aforesaid and has had passed on him a sentence of imprisonment for a period of more than two and a half years; or
c
he has at any time been convicted as aforesaid and has had passed on him a sentence of imprisonment of not less than five years.
2
For the purposes of this article there shall be disregarded any conviction by or before a court outside the United Kingdom of an offence in respect of conduct which, if it had taken place in any part of the United Kingdom, would not have constituted an offence under the law in force in that part of the United Kingdom.
Disqualification — absence from meetings
9
Any member of the Forum who, without the consent of the Forum, has failed to attend the meetings thereof for a continuous period of six months beginning with the date of a meeting shall, on the expiry of that period, be disqualified for continuing to be a member of the Forum without prejudice however, to his re-appointment.
Chairman’s tenure of office
10
The chairman of the Forum elected in accordance with paragraph 2 of Schedule 1 to the School Standards and Framework Act 1998, shall hold office for one year from the date of his election (unless he resigns his office earlier), without prejudice to his eligibility to be re-elected for a further such period.
Estelle Morris
Minister of State,
Department of Education and Employment
15th December 1999


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Health Authorities (Membership and Procedure) Amendment Regulations 1999 and shall come into force on 24th March 1999.
2
In these Regulations, “the principal Regulations ” means The Health Authorities (Membership and Procedure) Regulations 1996 .
Amendment of the principal Regulations
2
In Schedule 2 to the principal Regulations (Special Health Authorities of which the chairman and members are not disqualified under regulation 10(1)(g)) , the following entries are inserted at the appropriate point in the alphabetical order: “National Health Service Information Authority”, “National Institute for Clinical Excellence”.
Frank Dobson
One of Her Majesty’s Principal Secretaries of State,
Department of Health
23rd March 1999


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


text:
Citation
1
This Order may be cited as the Environment Act 1995 (Commencement No. 14) Order 1999.
Provisions coming into force on 16th March 1999
2
Subsection (1) of section 120 (minor and consequential amendments, transitional and transitory provisions, savings and repeals) of the Environment Act 1995 shall come into force on the day after that on which this Order is made, in so far as it relates to paragraph 162 of Schedule 22 to that Act, and to amendments made by that paragraph which confer power to make regulations.
Provisions coming into force on 1st April 1999
3
Subsection (1) of section 120 of the Environment Act 1995 shall come into force on 1st April 1999 in so far as it relates to paragraphs 67 and 69 to 72 of Schedule 22 (in so far as those provisions are not already in force).
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Michael Meacher
Minister of State,
Department of the Environment, Transport and the Regions
15th March 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Income-related Benefits (Subsidy to Authorities) Amendment Order 1999 and shall come into force on 1st April 1999.
2
In this Order, “the principal Order ” means the Income-related Benefits (Subsidy to Authorities) Order 1998 .
3
Expressions used in this Order and in the principal Order have the same meanings in this Order as they have in the principal Order.
Scottish Homes
2
For the year commencing on 1st April 1998, for the sum of “£1,683,746” specified as the maximum sum payable to Scottish Homes in article 13(2)(a) of the principal Order, there shall be substituted the sum of “£1,278,000”.
Additions to subsidy
3
For the year commencing 1st April 1998, and for any relevant year thereafter, the additions to subsidy for fraudulent overpayments specified in article 18(1)(b)(ii) of the principal Order shall be reduced from 95 per cent to 80 per cent of the overpayment.
Sums to be used in the calculation of subsidy
4
For the year commencing 1st April 1998, for Schedule 1 to the principal Order (sums to be used in the calculation of subsidy) there shall be substituted the Schedule set out in Schedule 1 to this Order.
Period overruns
5
In Part I of Schedule 3 to the principal Order (calculation of deductions from subsidy in respect of period overruns), in paragraph 1, in the definition of “benefit period”, after the words “less than 60 benefit weeks” there shall be inserted the words “it means a period of 60 benefit weeks”.
Reduced subsidy payable on Rent Allowances
6
For the year commencing 1st April 1998 and for any relevant year thereafter, for Part V of Schedule 4 to the principal Order there shall be substituted the Part set out in Schedule 2 to this Order.
Signed by authority of the Secretary of State for Social Security.
Angela Eagle
Parliamentary Under-Secretary of State,
Department of Social Security
1st March 1999
We consent,
Bob Ainsworth
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
3rd March 1999


text:
Citation, commencement and interpretation
1
1
These rules may be cited as the Land Registration (No. 2) Rules 1999 and shall come into force on 1st October 1999.
2
In these rules–
a
“the principal rules” means the Land Registration Rules 1925 ,
b
“the open register rules” means the Land Registration (Open Register) Rules 1991 and
c
a rule referred to by number means the rule so numbered in the principal rules or the open register rules as the case may be.
Amendments to the principal rules
2
1
The principal rules have effect subject to the amendments in Schedule 1 to these rules.
2
Schedule 2 to the principal rules has effect subject to the amendments in Schedule 2 to these rules.
3
The open register rules have effect subject to the amendments in Schedule 3 to these rules.
Revocation
3
Rules 273 to 275 and 282 are revoked.
Irvine of Lairg, C.
Dated 26th July 1999


text:
Citation ad Commencement
1
These Regulations may be cited as the Medicines (Monitoring of Advertising) Amendment Regulations 1999 and shall come into force on 5th April 1999, immediately after the Medicines (Advertising and Monitoring of Advertising) Amendment Regulations 1999 come into force.
Amendment of the Medicines (Monitoring of Advertising) Regulations 1991
2
In paragraph 7(a) of the Schedule to the Medicines (Monitoring of Advertising) Regulations 1994 , for “level 5 on the standard scale” there shall be substituted “the statutory maximum”.
Signed by authority of the Secretary of State for Health
Hayman
Parliamentary Under Secretary of State,
Department of Health
8th March 1999
Signed by authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under Secretary of State, Welsh Office
9th March 1999
Signed by authority of the Secretary of State for Scotland
Sam Galbraith
Parliamentary Under Secretary of State, Scottish Office
9th March 1999
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on
D. C. Gowdy
Permanent Secretary
5th March 1999.


text:
1
— This Order may be cited as the Copyright (Certification of Licensing Scheme for Educational Recording of Broadcasts and Cable Programmes) (Educational Recording Agency Limited) (Amendment) Order 1999 and shall come into force —
a
for the purposes of article 2(a) on 16th February 2000, and
b
for the purposes of article 2(b) on 1st April 2000.
2
— The licensing scheme set out in the Schedule to the Principal Order shall be amended as follows:
a
in paragraph 4 —
i
there shall be inserted after the reference to Channel Four Television Corporation Limited:
CHANNEL 5 BROADCASTING LIMITED (“Channel 5”) The broadcasts of the television broadcasting service known as Channel 5 and all those copyright works of Channel 5 which are included in any broadcast or cable programme.
; and
there shall be substituted for the words “INDEPENDENT TELEVISION ASSOCIATION LIMITED (“ ITV Association”)” the words “INDEPENDENT TELEVISION NETWORK LIMITED (“ITV Network”)” and for the words “ITV Association” in the entry shown in relation thereto in the right-hand column, there shall be substituted the words “ITV Network”, and
b
in paragraph 10 there shall be substituted for all the words which appear immediately before the words “NOTE 1”, the following:
a
For licences taking effect on or after 1st April 2000 but on or before 31st March 2001, the annual tariff, when calculated on a full-time or full-time equivalents per capita basis by category of student in an Educational Establishment, shall be:
(i) Students in Primary Educational Establishments (including Educational Establishments known as Preparatory School) 22p per capita (ii) Students in Secondary Educational Establishments 45p per capita (iii) Students in Educational Establishments of Further Education (including Educational Establishments formerly known as Sixth Form Colleges) 82p per capita (iv) Students in Educational Establishments of Higher Education (including Higher Education Colleges and Universities) £1.32 per capita (v) Students in Educational Establishments other than Primary, Secondary, Further and Higher Education designated from time to time by the Secretary of State — a fee related to the above by type
b
For licences taking effect on or after 1st April 2001, the annual tariff, when calculated on a full-time or full-time equivalents per capita basis by category of student in an Educational Establishment, shall be:
(i) Students in Primary Educational Establishments (including Educational Establishments known as Preparatory Schools) 22p per capita (ii) Students in Secondary Educational Establishments 45p per capita (iii) Students in Educational Establishments of Further Education (including Educational Establishments formerly known as Sixth Form Colleges) 85p per capita (iv) Students in Educational Establishments of Higher Education (including Higher Education Colleges and Universities) £1.35 per capita (v) Students in Educational Establishments other than Primary, Secondary, Further and Higher Education designated from time to time by the Secretary of State — a fee related to the above by type
Kim Howells,
Parliamentary Under Secretary of State for Consumers and Corporate Affairs,
Department of Trade and Industry
21st December 1999


text:
1
This Order may be cited as the A406 Trunk Road (Hanger Lane, Ealing) (Prohibition of U-Turn) Order 1999 and shall come into force on 8th November 1999.
2
In this Order:
“The Trunk Road” means that length of the A406 Trunk Road in the London Borough of Ealing known as Hanger Lane.
“Ashbourne Road” means the road of that name in the London Borough of Ealing.
3
Save as provided in article 4 below, no person shall cause or permit any vehicle proceeding in the southbound carriageway of the Trunk Road to make a U-turn at the junction with Ashbourne Road so as to proceed in the opposite direction.
4
Nothing in article 3 above shall apply to–
a
any vehicle being used for Police, Fire Brigade or Ambulance purposes, or
b
anything done at the direction of or with the permission of, a constable in uniform or a traffic warden.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
A R Mellors
A Grade 7 Officer Highways Agency London Network and Customer Services Division
1st November 1999


text:
Title, commencement and interpretation
1
1
These Regulations may be cited as the Contaminants in Food (Amendment) Regulations 1999 and shall come into force on 30th June 1999.
2
In these Regulations “the principal Regulations ” means the Contaminants in Food Regulations 1997 .
Amendment of the principal Regulations
2
The principal Regulations shall be amended in accordance with regulations 3 to 8 below.
3
In paragraph (1) of regulation 2 (interpretation)–
a
at the end of the definition of “the Commission Regulation” there shall be inserted the words “as amended by Commission Regulation ( EC ) No. 1525/98 and Commission Regulation (EC) No. 864/1999 ”;
b
after the definition of “the Commission Regulation” there shall be inserted the following–
“designated place” means any place at which there are the facilities to carry out the sampling required by Directive 98/53/EC ;
“Directive 98/53/EC ” means Commission Directive 98/53/EC laying down the sampling methods and the methods of analysis for the official control of the levels for certain contaminants in foodstuffs ;
;
c
in the definition of “food authority” paragraph (a) and the word “or” immediately following that paragraph shall be omitted;
d
after the definition of “member State” there shall be inserted the following–
“port health authority” includes a port local authority and a joint port local authority and, in relation to a port health authority, “authorised officer” means any person (whether or not an officer of the authority) who is authorised by the authority in writing to act in matters arising under these Regulations; and
“ultimate consumer” has the same meaning as in the Food Labelling Regulations 1996 ;
.
4
For paragraph (1) of regulation 3 (offences and penalties) there shall be substituted the following–
1
A person shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale if–
a
he places on the market any food (other than authorised lettuce or spinach) which is covered by, but fails to meet the requirements of, Article 2.1 as read with Article 2.5;
b
he contravenes Article 2.4; or
c
he knowingly contravenes or fails to comply with the requirements of a notice given under section 9(3)(a) of the Act as applied with modifications by regulation 6 of these Regulations.
.
5
In regulation 4 (enforcement) after the words “food authority” there shall be inserted the words “and port health authority”.
6
After regulation 4 there shall be inserted the following regulation–
Sampling, analysis and modification of section 29 of the Act
4A
1
In its application to the taking, for the purposes of these Regulations, of a sample of any food described in point I.2.1 of the Annex to the Commission Regulation, section 29 of the Act shall be modified so as to limit the power to take samples under subsection (b) of that section to the taking of samples in accordance with the methods of taking samples described, or referred to, in Annex I to Directive 98/53/EC .
2
An authorised officer who has procured a sample of any food of a description in point I.2.1 of the Annex to the Commission Regulation under section 29(b) of the Act, as modified by paragraph (1) of this regulation, shall ensure–
a
that the sample is prepared in accordance with–
i
paragraphs 1.1, 2 and 3 of Annex II to Directive 98/53/EC ; and
ii
in the case of whole nuts, paragraph 1.2 of that Annex;
b
that any analysis of the sample is carried out in accordance with methods of analysis which–
i
if possible, comply with paragraphs 1 and 2 of the Annex to Council Directive 85/591 concerning the introduction of Community methods of sampling and analysis for the monitoring of foodstuffs intended for human consumption ; and
ii
meet the criteria specified in paragraph 4.3 of Annex II to Directive 98/53/EC as read with the notes thereto;
c
that any analysis is carried out by a laboratory which complies with Council Directive 93/99/ EEC on the subject of additional measures concerning the official control of foodstuffs ; and
d
that the reporting of the result of the analysis of that sample–
i
makes use of the definitions in paragraph 4.1 of Annex II to Directive 98/53/EC ; and
ii
is in accordance with paragraph 4.4 of that Annex.
.
7
After regulation 5 there shall be inserted the following regulation–
Record keeping
5A
1
A person in possession of any food of any of the descriptions in point I.2.1 of the Annex to the Commission Regulation shall, where that food is at a place other than premises at which it is to be prepared for or offered for sale to the ultimate consumer, keep and maintain such records as are sufficient to show–
a
the place of origin of that food; and
b
if that food is intended to be delivered to another person for the purpose of sale or preparation for sale, the name and address of the person to whom the food is intended to be delivered.
2
Any person who is required by paragraph (1) above to keep such records as are referred to in that paragraph shall, on reasonable demand being made by an authorised officer, produce those records to that officer for inspection.
3
A person shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale if–
a
he fails to comply with paragraph (1) above;
b
in purported compliance with paragraph (2) above he furnishes any record containing information which he knows to be false or misleading in a material particular; or
c
without reasonable excuse, he fails to comply within a reasonable time with a demand made under paragraph (2) above.
.
8
After paragraph (2) of regulation 6 there shall be inserted the following paragraphs–
3
Section 9 of the Act (inspection and seizure of suspected food) shall, subject to paragraphs (4) and (5) below, apply for the purposes of these Regulations with the following modifications–
a
in subsection (1)–
i
after the words “food authority” there shall be inserted the words “or a port health authority”; and
ii
the reference to subsections (3) to (9) shall be construed as including reference to those subsections as modified by this regulation; and
iii
for the words “any food fails to comply with food safety requirements” there shall be substituted the words “the placing on the market of any food may contravene Article 2.1 of the Commission Regulation unless that food is lettuce or spinach in point 1.1 of the Annex to the Commission Regulation which is grown in the United Kingdom in accordance with the proviso to Article 2.2 of the Commission Regulation and is intended for consumption in the United Kingdom”;
b
in subsections (4), (6) and (9) for the words “food safety requirements” there shall be substituted the words “the requirements of Article 2.1 of the Commission Regulation as to levels of contaminants”;
c
in subsections (4) and (7) the reference to subsection (3) shall be construed as including reference to that subsection as modified by this regulation;
d
in subsection (5)–
i
the reference to subsections (3) and (4) shall be construed as including reference to those subsections as modified by this regulation; and
ii
the reference to section 7 or 8 shall be construed as including a reference to these Regulations; and
e
in subsection (7) after the words “food authority” there shall be inserted the words “or port health authority, as appropriate,”.
4
In so far as section 9 of the Act, as modified by paragraph (1) above, applies to an authorised officer acting in relation to food of any description specified in point I.2.1 of the Annex to the Commission Regulation subsection (3) of that section shall apply with the modification that for sub-paragraph (ii) of paragraph (a) thereof there shall be substituted the following–
ii
either is not to be removed or is to be removed to a designated place; or
.
5
The expressions “authorised officer”, “the Commission Regulation”, “designated place”, “food authority” and “port health authority” used in the modification and application of section 9 of the Act for the purposes of these Regulations shall, for those purposes, bear the meaning that those expressions bear in these Regulations.
.
Amendment of other Regulations
9
In the Food Safety (Sampling and Qualifications) Regulations 1990 –
a
at the start of regulation 2 (sampling to which those Regulations do not apply) there shall, for the word “These”, be substituted the words “Subject as specified in Schedule 1, these”; and
b
at the end of Schedule 1 (provisions to which those Regulations do not apply) there shall be added in the left hand column the title of the principal Regulations, followed by the words “to the extent that a sample falls to be prepared and analysed in accordance with regulation 4A thereof”, and in the right hand column their reference.
Revocations
10
1
The Aflatoxins in Nuts, Nut Products, Dried Figs and Dried Fig Products Regulations 1992 are hereby revoked.
2
In the Food Labelling Regulations 1996 paragraph (17) of regulation 49 (revocations and amendments) is hereby revoked.
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
2nd June 1999
Signed by authority of the Secretary of State for Health
Tessa Jowell
Minister of State for Public Health,
Department of Health
7th June 1999
Signed by authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under Secretary of State, Welsh Office
4th June 1999
Sewel
Parliamentary Under Secretary of State, Scottish Office
7th June 1999


text:
Commencement and Citation
1
This Order may be cited as The A40 Trunk Road (Ealing) Red Route (Clearway) Traffic Order 1995 Variation Order 1999, and shall come into force on 25th January 1999.
Variations
2
The A40 Trunk Road (Ealing) Red Route (Clearway) Traffic Order 1995 is varied by the following provisions of this Order.
3
In schedule 1, item 2 is amended as follows:
The A40 Western Avenue, the westbound carriageway, from a point where the westbound on-slip road from Hanger Lane Gyratory System meets the main carriageway of the Western Avenue at a point opposite the party wall of 39/40 Greystoke Park Terrace to the boundary with the London Borough of Hillingdon, including all slip roads, except the following lengths of road:
a
the slip road linking “The Target” Roundabout (comprising the junction of the A40 Western Avenue and Church Road, Northolt) and the westbound carriageway of the A40 Western Avenue, from its junction with “The Target” Roundabout westbound for a distance of 127 metres;
b
the westbound slip road linking A40 Western Avenue and Argyle Road between a point 56 metres east of the party wall of 1 and 1a Central Parade and a point 99 metres west of the western flank wall of 5 Central Parade;
c
the roundabout situated at or adjacent to the junction with Church Road;
d
the roundabout situated at or adjacent to the junction with the A4127 Greenford Road.
4
In article 4, the words “Not taken up” are deleted and replaced with the words:
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
5
In article 7(1), the words “Not taken up” are deleted and replaced with the words:
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item.
6
A new schedule 3A is added as follows:
SCHEDULE 3A
Lengths of the trunk road red route clearway on which there are exemptions for parking and disabled persons' vehicles
Articles 4 and 7(1)
Table
(1) (2) (3) (4) (5) Item Length of Road Restricted Hours Maximum Period of Parking Minimum Interval
1. The A40 Western Avenue, the westbound slip road linking Target Roundabout (comprising the junction of the A40 Western Avenue and Church Road) and the A40 Western Avenue between a point 127 metres north-west of Target Roundabout and a point 30 metres north-west thereof. At any time 1 hour 2 hours
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
11th January 1999


text:
Title, commencement and extent
1
1
These Regulations may be cited as the Miscellaneous Products of Animal Origin (Import Conditions) Regulations 1999 and shall come into force on 1st March 1999.
2
These Regulations do not apply to Northern Ireland.
Interpretation
2
In these Regulations, unless the context otherwise requires, any expression used in Directive 92/118/ EEC shall have the same meaning as in that directive;
“appropriate Minister” means, in relation to England, the Minister of Agriculture, Fisheries and Food, and in relation to Scotland or to Wales, the Secretary of State;
“Directive 92/118/EEC ” means Council Directive 92/118/EEC laying down animal and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A(I) to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC ;
“frogs legs” means the back part of the body divided by a transversal cut behind the front limbs, eviscerated and skinned, of a frog of the species Rana spp. (family Ranidae ) presented fresh, frozen or processed and intended for human consumption;
“honey” means honey which is not included in the definition of apiculture products;
“miscellaneous product of animal origin” means–
apiculture products;
snails;
frogs legs; and
honey;
“snail” means a terrestrial gastropod of the species Helix pomatia Linne, Helix aspersa Muller, Helix lucorum and species of the family Achatinidae which is intended for human consumption.
Miscellaneous products of animal origin originating in another member State
3
No person shall import into Great Britain from another member State any miscellaneous product of animal origin originating in another member State unless–
a
it originated in an establishment which complies with the requirements of article 4.2 of Directive 92/118/EEC ;
b
it satisfies the following requirements of Directive 92/118/EEC –
i
in the case of apiculture products, Chapter 12 of Annex I;
ii
in the case of snails, Paragraphs A and B of Part I of Chapter 3 of Annex II ;
iii
in the case of frogs legs, Paragraphs A and B of Part II of Chapter 3 of Annex II; and
c
where the miscellaneous product of animal origin has passed through a third country, it is accompanied by a certificate certifying that it complies with the relevant requirements of Directive 92/118/EEC .
Miscellaneous products of animal origin originating in a third country
4
1
No person shall import into Great Britain any miscellaneous product of animal origin originating in a third country unless it complies with the conditions applicable to that product set out in the Schedule to these Regulations.
2
The requirement in paragraph (1) above shall not apply in relation to the import of a trade sample provided that the import takes place under a licence issued by the appropriate Minister.
3
The appropriate Minister may, when issuing the licence referred to in paragraph (2) above, attach such conditions as he considers appropriate, including any derogations from the checks provided by Council Directive 90/675/EEC .
4
A licence issued under this regulation may be amended, suspended or revoked at any time.
Enforcement
5
The conditions set out in regulations 3 and 4 of, and the Schedule to, these Regulations shall, for the products to which these Regulations apply, be health conditions for the purposes of the Products of Animal Origin (Import and Export) Regulations 1996 and the provisions of those Regulations shall apply accordingly.
Offences and penalties
6
A person contravening any provision of these Regulations shall be guilty of an offence and liable–
a
on summary conviction, to a fine not exceeding the statutory maximum or imprisonment for a term not exceeding three months or both; and
b
on conviction on indictment, to a fine or imprisonment for a term not exceeding two years or both.
Jeff Rooker
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
26th January 1999
Sewel
Parliamentary Under Secretary of State, Scottish Office
26th January 1999


text:
1
This Order may be cited as the Geneva Conventions Act (Guernsey) Order 1999 and shall come into force on the date on which it is registered on the records of the Island of Guernsey.
2
The Geneva Conventions (Amendment) Act 1995 shall extend to the Bailiwick of Guernsey and the territorial waters adjacent thereto subject to the exceptions and modifications specified in the Schedule to this Order.
A. K. Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Merchant Shipping (Seamen’s Documents) (Amendment) Regulations 1999 and shall come into force on 1st January 2000.
Amendment of Regulations
2
1
The Merchant Shipping (Seamen’s Documents) Regulations 1987 shall be amended as follows.
2
In regulation 18(2), for sub-paragraph (b), there shall be substituted the following sub-paragraphs:
b
is, or has been employed —
i
in a ship registered in the United Kingdom; or
ii
if the person is a British citizen, in a ship registered outside the United Kingdom;
bb
in respect of employment in a ship registered outside the United Kingdom, is otherwise unable, for whatever reason, to obtain a document containing substantially the same information as a discharge book from or acceptable to the ship’s flag State; and
.
3
In regulation 20(1):
a
paragraph (f) shall be omitted; and
b
in paragraph (g), the words “an official of the Merchant Navy Establishment Administration,” shall be omitted.
4
In regulation 22(1)(a):
a
the word “or” shall be inserted before the words “the Registrar General of Shipping and Seamen”; and
b
the words “or an official of the Merchant Navy Establishment Administration” shall be omitted.
5
For Schedule 4 there shall be substituted the following Schedule:
SCHEDULE 4
Countries referred to in regulation 16(1) (which relates to persons holding documents, containing substantially the same information as discharge books, issued by or under the authority of the Governments of certain countries).
Regulation 16(1)(a)
Bangladesh
Barbados
Canada
Falkland Islands
Fiji
Ghana
Guyana
Hong Kong
India
Isle of Man
Jamaica
Kenya
Kiribati
Malaysia
Malta
Mauritius
Nigeria
Pakistan
Papua New Guinea
Republic of Ireland
Saint Lucia
Seychelles
Sierra Leone
Singapore
South Africa
Sri Lanka
Tanzania
Tonga
Trinidad and Tobago
Tuvalu
Western Samoa
Zambia
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Keith Hill
Parliamentary Under Secretary of State
Department of the Environment, Transport and the Regions
7th December 1999


text:
PART I
GENERAL
Citation, commencement and interpretation
1
1
This Order may be cited as the Scotland Act 1998 (Border Rivers) Order 1999 and shall come into force immediately before the principal appointed day
2
In this Order–
“the 1951 Act ” means the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951
“the 1975 Act ” means the Salmon and Freshwater Fisheries Act 1975
“the 1976 Act ” means Freshwater and Salmon Fisheries (Scotland) Act 1976
“the 1986 Act ” means the Salmon Act 1986
“the 1991 Act ” means the Water Resources Act 1991
“the 1995 Act ” means the Environment Act 1995
“the 1998 Act ” means the Scotland Act 1998;
“ the Minister ” means the Minister of Agriculture, Fisheries and Food;
“the Environment Agency” means the body corporate established under section 1 of the 1995 Act;
“the River Tweed Council” means the council established by section 6 of the Tweed Fisheries Act 1969
“sea trout” means migratory fish of the species Salmo trutta commonly known as sea trout and any part of such a fish; and
“Upper Esk” means that part of the River Esk lying upstream of a line drawn from a point at Ordnance Survey Grid Reference NY 3245 6632 on the western bank of the River Sark in a southerly direction to a point at Ordnance Survey Grid Reference NY 3245 6503 on the coast of Cumbria and “Lower Esk” means any part of that River downstream of that line.
Saving
2
1
This Order shall not affect the validity of anything done under any Border rivers function relating to the conservation, management or exploitation of salmon, trout, eels and freshwater fish prior to the coming into force of this Order.
2
Anything (including legal proceedings) which, at the time when this Order comes into force, is in the process of being done may, so far as it relates to any Border rivers function relating to the conservation, management or exploitation of salmon, trout, eels, and freshwater fish, be continued.
PART II
RIVER ESK
Disapplication of section 53 of the Scotland Act
3
Section 53 of the 1998 Act shall not apply to any Border rivers function of any Minister of the Crown under the 1975 Act, the 1991 Act and the 1995 Act relating solely to the conservation, management or exploitation of salmon, trout, eels and freshwater fish exercisable in relation to the River Esk (other than a function relating to any disease of fish).
Modifications of the Water Resources Act 1991
4
1
Sections 115 (fisheries orders), 116 (power to give effect to international obligations), 142 (fisheries contributions) and 211(3) (so far as relating to byelaws made by virtue of paragraph 6 of Schedule 25) and (6) (enforcement of byelaws) of, and paragraph 6 (byelaws for the purposes of fisheries functions) of Schedule 25 to the 1991 Act shall cease to have effect in relation to the Upper Esk.
2
The Environment Agency shall have power, in relation to the Upper Esk to make byelaws generally for, or in connection with, the conservation, management or exploitation of salmon, trout, eels and freshwater fish.
3
Schedule 26 to the 1991 Act shall apply to the making of any byelaw by the Environment Agency under this article as it would apply to the making of any byelaw under paragraph 6 of Schedule 25 to the 1991 Act subject to the following modifications–
i
subject to the following provisions of this sub-paragraph, any reference to “the relevant Minister” wherever occurring shall mean “the Minister and the Scottish Ministers acting jointly”;
ii
in paragraph 1(2)(a), for “the London Gazette” there is substituted “the Edinburgh and London Gazettes”;
iii
in paragraph 2(1), for “him” there is substituted “them”;
iv
in paragraph 5, for “he” there is substituted “they”; and
v
paragraph 7 shall cease to have effect.
Modifications of the Environment Act 1995
5
1
In its application to any Border rivers function relating to the conservation, management or exploitation of salmon, trout, eels and freshwater fish exercisable in relation to the Upper Esk, section 38 of the 1995 Act shall be modified–
a
in subsection (1), to provide that any agreement under that section only be entered into with the agreement of the Scottish Ministers; and
b
in subsection (2), to provide that a function of the Scottish Ministers be capable of being the subject of such an agreement but only with the agreement of the Minister.
2
In its application to any Border rivers function relating to the conservation, management or exploitation of salmon, trout, eels and freshwater fish exercisable in relation to the Upper Esk, section 40 of the 1995 Act shall be modified–
a
by substituting for the references to “appropriate Minister” references to “Scottish Ministers and the Minister acting jointly”; and
b
by substituting for section 40(3)(b)–
b
notices shall be given in the Edinburgh and London Gazettes of the giving of the direction and of where a copy of that direction may be obtained
.
3
Section 6(8) of the 1995 Act shall be modified by inserting before the definition of “the River Tweed” the following–
“the River Esk” means that River as defined by section 111(4) of the Scotland Act 1998 or as such definition as may be modified by an order under section 111(1) of that Act;
Fishing without right or licence in the Lower Esk
6
1
No person shall fish for or take salmon or sea trout in the Lower Esk unless either–
a
he does so under the authority of, and in accordance with, a licence granted by the Environment Agency under section 25 of the 1975 Act; or
b
he has a legal right to fish for salmon or he has written permission from a person having such a right.
2
Any person who has in his possession, for the purpose of fishing for salmon or sea trout in the Lower Esk, an instrument other than one which he is authorised, by any rule of law or, in the case of fishing under the authority of a licence, by that licence, to use for that purpose, shall be guilty of an offence.
3
Section 1 of the 1951 Act and section 27 of the 1975 Act shall cease to have effect in relation to the Lower Esk.
4
Subject to paragraph (6) below a licence granted by the Environment Agency may only authorise fishing in any part of the Lower Esk lying on or towards the south of a line representing the medium filum , at low water, of the main channel of the River Esk and of the main channel of the River Eden downsteam of its confluence at low water with the main channel of the River Esk, wherever that line may be from time to time.
5
A legal right to fish for salmon, or a written permission given by a person having such a right, shall authorise fishing–
a
in any part of the Lower Esk lying on or towards the north of the line described in paragraph (4) above; and
b
to the extent that right or permission so authorises, in any other part of the Lower Esk.
6
A licence granted by the Environment Agency shall not apply to any part of the Lower Esk which is the subject of a grant of fishings granted by King James V of Scotland to the Burghers of Annan by Royal Charter dated 1st March 1538 and re-stated on 10th July 1612.
7
It shall be for any person claiming to have a legal right to fish for salmon, or to have written permission from such a person, to prove that he has that right or permission.
8
In this article–
“legal right to fish for salmon” means–
a right of ownership of salmon fishings contained in a title recorded in the Register of Sasines or entered in the Land Register of Scotland;
the right of a tenant under a lease of salmon fishings granted by a person having a right under (a) above or (d) below;
the right of any person vest by operation of law in the heritable property of a person having a right under (a) above or (d) below; or
a right of salmon fishings under Royal Warrant or Royal Charter.
Offences
7
1
Any person who contravenes any byelaw made under article 4, or who contravenes article 6, shall be guilty of an offence.
2
Any person guilty of an offence under this article shall be liable–
a
on summary conviction to a fine not exceeding level 4 on the standard scale or to imprisonment for a term not exceeding three months; and
b
on conviction on indictment to a fine or to imprisonment for a term not exceeding two years or to both such fine and imprisonment.
3
In addition to any penalty imposed by paragraph (2), the court before which a person is convicted of an offence under article 6 may order the forfeiture of–
a
any licence issued to that person under section 25 of the 1975 Act;
b
any fish in respect of which the offence was committed; and
c
any net or other fishing instrument, vessel or vehicle used in the commission of the offence,
and may order that that person be disqualified from holding a licence under section 25 of the 1975 Act for such period as may be specified.
4
Proceedings for an offence under this article may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the Sheriffdom of Dumfries and Galloway or within the Commission of the Peace for Cumbria.
Enforcement
8
1
The powers of water bailiffs, of any person appointed by the Minister and of a constable under sections 31(1), 32 to 34, and 36 of the 1975 Act shall apply to any offence under article 7 above as they apply to an offence under that Act.
2
The powers of water bailiffs and constables under sections 10 to 12 of the 1951 Act shall apply to any offence under article 7 above as they apply to an offence under that Act.
3
Any person referred to in paragraphs (1) and (2) above may exercise his powers in any part of the River Esk.
4
A water bailiff who reasonably suspects that a person is, intends to, or has been, fishing in the River Esk may require that person–
a
to produce his licence or other authority to fish; and
b
to state his name and address.
5
Any person who fails to comply with such a requirement or provides false information in response to it shall be guilty of an offence; but any person who complies with paragraph (4)(a) above within 7 days of being so required shall not be convicted of an offence under this paragraph.
6
Any person who resists or otherwise obstructs a water bailiff in the exercise of any power referred to in paragraphs (1) or (2) above shall be guilty of an offence.
7
Any person guilty of an offence under paragraph (5) and (6) above shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
8
Article 7(4) above applies to an offence under this article as it does to an offence under article 7.
9
Section 10(6) of the 1951 Act and sections 31(2) and 35 of the 1975 Act shall cease to have effect in relation to the River Esk.
Waters landward of River Esk estuary limits
9
The waters on the landward side of the estuary limits of the River Esk which require to be determined in accordance with paragraph (b) of the definition of “the River Esk” in section 111(4) of the 1998 Act are as set out in the Schedule to this Order.
Reports
10
1
The Environment Agency shall, at the same time as it sends a copy of a report to the appropriate Minister in accordance with section 52(1) of the 1995 Act, send a copy of that report to the Scottish Ministers.
2
The Scottish Ministers shall cause a copy of that report to be laid before the Scottish Parliament.
PART III
RIVER TWEED
11
1
The Scottish Ministers may, with the agreement of the Minister, make regulations or orders, as the case may be, under the provisions set out in paragraph (2) below, which apply to so much of the River Tweed as is situated outside Scotland.
2
The provisions are–
section 2(2A) of the 1951 Act (definition of net and coble etc. )
section 3 of the 1986 Act (observance of weekly close times etc.)
section 6 of the 1986 Act (annual close time)
section 8 of the 1986 Act (definition of “rod and line”).
3
In their application to so much of the River Tweed as is situated outside Scotland, any application for an order under sections 6 or 8 of the 1986 Act shall be made to the Scottish Ministers.
4
In their application to so much of the River Tweed as is situated outside Scotland, sections 27 and 28 of the 1986 Act shall be modified by substituting for references to “Secretary of State” references to “Scottish Ministers”.
5
Before exempting under section 27 or giving any permission under section 28 of the 1986 Act in relation to any act or omission taking place in so much of the River Tweed as is situated outside Scotland, the Scottish Ministers shall consult the Minister.
12
1
In their application to so much of the River Tweed as is situated outside Scotland–
section 6 (taking of dead salmon or trout),
section 10(5) (powers of water bailiffs),
section 11(1) and (5) (powers of search),
section 12(2) (apprehension of offenders), and
section 15(1) (power to conduct inquiries and to obtain information),
of the 1951 Act shall be modified by substituting for the references to “Secretary of State” references to “Scottish Ministers”.
2
In its application to so much of the River Tweed as is situated outside Scotland, section 7(2) of the 1976 Act (consent to contraventions of section 4(b) or (c) of the 1951 Act) shall be modified by substituting for the reference to “Secretary of State”, a reference to “Scottish Ministers”.
3
Before giving consent under section 7(2) of the 1976 Act, the Scottish Ministers shall consult the Minister.
A. K. Galloway
Clerk to the Privy Council


text:
1
This Order may be cited as the Public Telecommunication System Designation (Tele2 Communications Services Limited) Order 1999 and shall come into force on 23rd November 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
18th October 1999


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Personal Portfolio Bonds (Tax) Regulations 1999 and shall come into force on 6th April 1999.
2
These Regulations shall have effect, in relation to personal portfolio bonds, with respect to any year ending on or after 6th April 2000.
Interpretation
2
1
In these Regulations unless the context otherwise requires–
“building society” means a building society within the meaning of the Building Societies Act 1986 , or the Irish Building Societies Act 1989 ;
“collective investment scheme” has the meaning given by section 75 of the Financial Services Act 1986 , and “interest” in relation to a collective investment scheme means the beneficial entitlement (however described) of a participant (within the meaning of that section);
“company” has the meaning given by section 832(1) and (2) of the Taxes Act ;
“insurance company” means an insurance company within the meaning of the Insurance Companies Act 1982 ;
“internal linked fund” has the meaning given by regulation 3(1) of the Insurance Companies (Accounts and Statements) Regulations 1996 ;
“market value” shall be construed in accordance with section 272 of the Taxation of Chargeable Gains Act 1992 ;
“personal portfolio bond” has the meaning given by regulation 4, subject to regulation 3;
“policy holder”, except in regulation 4(1), includes a holder of a life annuity contract;
“recognised stock exchange” has the meaning given by section 841 of the Taxes Act;
“security” has the same meaning as in section 132(3)(b) of the Taxation of Chargeable Gains Act 1992;
“share” includes stock;
“the Taxes Act” means the Income and Corporation Taxes Act 1988;
“unit trust scheme” has the meaning given by subsection (6) of section 468 of the Taxes Act ;
“warrant” has the same meaning as in paragraphs 4 and 28(4) of Schedule 1 to the Financial Services Act 1986;
“year” in relation to a personal portfolio bond means a year as defined in section 546(4) of the Taxes Act, and “the final year” has the meaning given by that section.
2
In these Regulations references to the premium paid, or the amount of the premium paid, include–
a
references to lump sum, or any other, consideration,
b
where more than one amount is payable by way of premium in respect of the policy or contract, references to the aggregate of the premiums paid, and
c
references to the market value at the date of transfer of any property other than cash transferred to the insurance company in satisfaction of any premium.
3
In these Regulations references to a section, without more, are to that section of the Taxes Act.
Policies or contracts issued or made before 17th March 1998 which are the subject of special exclusions from being personal portfolio bonds
3
1
A policy or contract is not a personal portfolio bond if it is a policy or contract–
a
which, in the case of a policy, was issued in respect of an insurance made before 17th March 1998 and, in the case of a contract, was made before 17th March 1998,
b
whose terms are not varied on or after 16th July 1998 so as to increase the benefits secured or to extend the term of the policy or contract (any exercise of rights conferred by the policy or contract being regarded for this purpose as a variation), and
c
which is a policy or contract to which either paragraph (2) or paragraph (3) applies.
2
This paragraph applies to a policy or contract under whose terms the benefits have at no time during its existence been capable of being determined either in whole or in part by reference to any index other than those referred to in regulation 4(7), or to any property other than–
a
shares or securities listed on a recognised stock exchange,
b
shares or securities of a company which are dealt in on the Unlisted Securities Market or the Alternative Investment Market, and which satisfy the conditions specified in paragraph (4), and
c
property described in regulation 4(3) and (4).
3
This paragraph applies to a policy or contract–
a
under whose terms the benefits were at some time during its existence capable of being determined either in whole or in part by reference to property other than that referred to in paragraph (2)(a), (b) and (c), or by reference to an index other than those referred to in regulation 4(7), but at no time during its existence have been so determined, and
b
whose terms are varied before the end of the first year, in relation to that policy or contract, which commences on or after 6th April 1999, subject to paragraph (5), so that the only property that may be selected as mentioned in regulation 4(1) consists of property referred to in paragraph (2)(a), (b) and (c), and the only index that may be so selected consists of an index referred to in regulation 4(7).
4
The conditions specified in this paragraph are that–
a
any holding of shares or securities of a company, by reference to which any benefits under the policy or contract are or have been capable of being determined during any period, does not at any time during that period exceed 10 per cent. of the issued share capital of the company concerned; and
b
the amount invested in any shares or securities of a single company to which this condition applies does not at any time exceed 10 per cent. of the premium paid in respect of the policy or contract (and “amount invested” includes the market value at the date of transfer of any property other than cash transferred to the insurance company in satisfaction of any premium).
5
In a case where–
a
the policy holder was not resident in the United Kingdom on 17th March 1998, and
b
after that date, the policy holder is at any time resident in the United Kingdom,
paragraph (3)(b) shall apply with the modification that, for the year mentioned in that sub-paragraph, there is substituted a reference to whichever is the later of that year, and the first year, in relation to that policy or contract, which commences after the time mentioned in sub-paragraph (b) of this paragraph or, where there is more than one such time, the earliest such time.
6
Any reference in paragraphs (2) and (3) to the period of existence of a policy or contract, or to a period in paragraph (4), or to a time during either such period, shall be construed ignoring any such period of time before 6th April 1994, but shall include any other such period or time (whether before or after the coming into force of these Regulations).
7
Any reference in paragraphs (2)(a) and (b) and (4) to shares or securities, or to a holding of shares or securities, includes a reference to any option, warrant or other right to acquire shares or securities.
Definition of personal portfolio bond (applying to all policies or contracts whenever issued or made)
4
1
Subject to paragraph (2) and regulation 3, “personal portfolio bond” means a policy of life insurance, contract for a life annuity or capital redemption policy under whose terms–
a
some or all of the benefits are determined by reference to the value of, or the income from, property of any description (whether or not specified in the policy or contract) or fluctuations in, or in an index of, the value of property of any description (whether or not so specified); and
b
some or all of the property, or such an index, may be selected by, or by a person acting on behalf of, the holder of the policy or contract or a person connected with him (or the holder of the policy or contract and a person connected with him).
2
A policy or contract is not a personal portfolio bond if–
a
the only property which may be selected as mentioned in paragraph (1)(b) is of the description prescribed by either or both of paragraphs (3) and (4), and
b
the only index which may be selected as mentioned in paragraph (1)(b) is of the description prescribed by paragraph (7).
3
The description prescribed by this paragraph is of property which the insurance company has appropriated to an internal linked fund, where the property satisfies the condition specified in paragraph (5).
4
The description prescribed by this paragraph is of property consisting of any of the following–
a
units in an authorised unit trust within the meaning of subsection (6) of section 468, read with subsections (7) to (9) of that section ,
b
shares in an investment trust within the meaning of section 842 ,
c
shares in an open-ended investment company within the meaning of section 75(8) of the Financial Services Act 1986 ,
d
cash, including cash deposited in a deposit account or share account with a building society, or in a bank account or similar account, except where the acquisition of the cash was made wholly or partly for the purpose of realising a gain from the disposal of it,
e
policies or contracts to which Chapter II of Part XIII of the Taxes Act applies, which satisfy the conditions specified in paragraph (6), and
f
an interest in a collective investment scheme which is constituted by–
i
a company, not being an open-ended investment company, which is resident outside the United Kingdom,
ii
a unit trust scheme the trustees of which are not resident in the United Kingdom, or
iii
any arrangements which do not fall within paragraph (i) or (ii), which take effect by virtue of the law of a territory outside the United Kingdom and which, under that law, create rights in the nature of co-ownership (without restricting that expression to its meaning in the law of any part of the United Kingdom),
where the property concerned satisfies, or further satisfies, as the case may be, the condition specified in paragraph (5).
5
The condition specified in this paragraph is that, at the time when the property is available to be selected, the opportunity to select property of the same description as the first-mentioned property is available to, or to persons acting on behalf of, all the policy holders of the insurance company concerned or one, or more than one, class of policy holders of that insurance company, as mentioned in paragraph (8)(a) to (c).
6
The conditions specified in this paragraph are that neither–
a
the policy or contract, nor
b
any property by reference to which the value of any benefits under the policy or contract is or has been directly or indirectly capable of being determined, nor
c
any property which, in relation to the policy or contract, or the premium paid in respect thereof, is “derived property” within the meaning of section 660A(10) of the Taxes Act,
is a personal portfolio bond.
7
The description prescribed by this paragraph is of indices consisting of any of the following–
a
the retail prices index,
b
any similar general index of prices which is published by the government of any foreign state, or by an agent of such a government, or
c
any published index of prices of shares listed on a recognised stock exchange,
in circumstances where, at the time when the index is available to be selected, the opportunity to select the same index is available to, or to persons acting on behalf of, all the policy holders of the insurance company concerned or one, or more than one, class of policy holders of that insurance company, as mentioned in paragraph (8)(a) to (c).
8
In paragraphs (5) and (7) a “class” of policy holders means a number of policy holders to whom the opportunity is given to select property or an index as mentioned in paragraphs (5) and (7) in circumstances where–
a
that opportunity is clearly identified in marketing or other promotional literature published by the insurance company concerned to members of the public, or members of the public who are intending investors, as available generally to any person falling within its terms,
b
the class and the opportunity are not limited to connected persons, and
c
the composition of the class (which means the inclusion in or exclusion from the class of any person, or the ability of that person to take the opportunity, if he so chooses) is determined by the insurance company alone.
Personal portfolio bonds — computation of gain
5
1
This regulation makes provision for amounts to be treated as gains arising in connection with a personal portfolio bond in any year ending on or after 6th April 2000 other than the final year (a “relevant year”) for the purposes of charging those gains to tax in accordance with the provisions of Chapter II of Part XIII of the Taxes Act applied (with modifications) by regulation 6.
2
Subject to paragraph (5), there shall be treated as a gain arising in a relevant year the amount calculated in accordance with the formula–
15 × ( A + B - C ) 100
where–
A is the amount of the premium paid in respect of the personal portfolio bond,
B is the aggregate of the amounts found by applying that formula at the end of each of the previous years during which the personal portfolio bond was in existence, in succession, starting with the first such year, subject to paragraph (4), and
C is, on the assumption that the words “or assignment” and “assigned or” in section 546(1)(a) were omitted, the aggregate of–
any excess of the reckonable aggregate value mentioned in subsection (2) of section 546 over the allowable aggregate amount mentioned in subsection (3) of that section, which, in relation to the personal portfolio bond, has occurred at the end of the year immediately preceding the relevant year; and
any such excess which occurred at a time earlier than any excess mentioned in sub-paragraph (a) would have occurred.
3
The gain calculated in accordance with paragraph (2) shall be treated as arising at the end of the relevant year concerned, subject to paragraph (4).
4
The references–
a
in paragraph (3) to the end of a relevant year, and
b
in paragraph (2), in the definition of “B”, to the end of any previous year,
shall each be construed as a reference to the time immediately before any gain treated as arising in connection with the same policy or contract at the end of that year under section 541 , 543 or 545, on the occurrence of such an excess as is mentioned in section 540(1)(a)(v), 542(1)(c) or 545(1)(d).
5
Where the terms of a policy or contract, to which regulation 3(3) applies as modified by regulation 3(5), are varied, within the alternative period permitted by regulation 3(5), (that is, the first year which commences after the time mentioned in regulation 3(5)(b) falls later than the year mentioned in regulation 3(3)(b)), no gain shall be treated as arising under paragraph (2) at the end of the first year, in relation to the policy or contract, which ends after the time mentioned in regulation 3(5)(b).
Application of Chapter II of Part XIII of the Taxes Act
6
1
The gain treated as arising in accordance with regulation 5(2) shall be treated, for the purposes of section 547 and paragraph (2) (other than sub-paragraph (b) of that paragraph), as arising on the happening of a chargeable event, which takes place at the time given by regulation 5(3) and (4).
2
The provisions of Chapter II of Part XIII of the Taxes Act (other than section 553C) shall, so far as concerns policies or contracts that are also personal portfolio bonds, apply, subject to the omissions and modifications specified in paragraphs (3) to (8), both in relation to–
a
the gain treated as arising on the happening of a chargeable event in accordance with regulation 5(2) and paragraph (1), and
b
other gains treated as arising in accordance with that Chapter.
3
In section 547 (method of charging gain to tax)–
a
in subsection (1) after “545” there shall be inserted the words “or regulations 5(2) and 6(1) of the Personal Portfolio Bonds (Tax) Regulations 1999”;
b
in each of subsections (5A) and (7) after “543” there shall be inserted the words “or regulations 5(2) and 6(1) of the Personal Portfolio Bonds (Tax) Regulations 1999”.
4
In each of paragraphs (a), (b) and (c) of section 541(1), after sub-paragraph (ii) there shall be added–
and
iii
the total amount treated under regulation 5 of the Personal Portfolio Bonds (Tax) Regulations 1999 as a gain arising in a relevant year in relation to the policy, prior to the happening of the chargeable event;
5
In each of paragraphs (a) and (b) of section 543(1), after sub-paragraph (ii) there shall be added–
and
iii
the total amount treated under regulation 5 of the Personal Portfolio Bonds (Tax) Regulations 1999 as a gain arising in a relevant year in relation to the contract, prior to the happening of the chargeable event;
6
Section 550 (relief where gain charged at a higher rate) shall be omitted.
7
In section 552(1)(c) after the words “this Chapter” there shall be inserted the words “or regulations 5(2) and 6(1) of the Personal Portfolio Bonds (Tax) Regulations 1999”.
8
In section 553–
a
in each of subsections (3) and (6) after “section 541” there shall be inserted the words “or regulations 5(2) and 6(1) of the Personal Portfolio Bonds (Tax) Regulations 1999”; and
b
in subsection (10) after “545” there shall be inserted the words “or, in relation to a gain treated as arising in relation to a policy under regulations 5(2) and 6(1) of the Personal Portfolio Bonds (Tax) Regulations 1999, the same meaning as in section 553C(4)(b)”.
David Jamieson
Bob Ainsworth
Two of the Lords Commissioners of Her Majesty’s Treasury
30th March 1999


text:
Citation and commencement
1
This Order may be cited as the Wythenshawe Education Action Zone Order 1999 and shall come into force on 1st December 1999.
Interpretation
2
In this Order —
“partners” means those persons listed in Schedule 1 to this Order; and
“zone school” means a school listed in Schedule 2 to this Order.
Constitution of education action zone
3
The schools listed in Schedule 2 to this Order shall constitute collectively an education action zone under the name of the Wythenshawe Education Action Zone (“the zone”) for the purposes of Chapter III of Part I of the School Standards and Framework Act 1998.
Education Action Forum
4
There shall be an Education Action Forum for the zone to be known as the Wythenshawe Education Action Forum (“the Forum”), the membership of which shall include —
a
one person appointed by the governing body of each zone school, unless any such governing body choose not to make such an appointment;
b
either one or two persons appointed by the Secretary of State; and
c
one person appointed by each partner, unless any partner chooses not to make such an appointment.
5
The Forum may at any time appoint additional members as follows —
a
one person representing the providers of training and development support to young persons in the area served by the zone schools;
b
up to two parents of registered pupils attending zone schools;
c
up to three persons representing the interests of the voluntary sector;
d
one person from non-teaching unions representing workers employed in zone schools; and
e
up to two persons representing the interests of the further and higher education sectors working in the area served by the zone schools.
Disqualification for membership of the Forum
6
Articles 7 to 9 shall have effect for the purpose of prescribing the circumstances and cases in which a person is to be disqualified for holding, or continuing to hold, office as a member of the Forum.
Disqualification for membership of the Forum — bankruptcy etc
7
1
Subject to the provisions of this article, a person shall be disqualified for holding, or for continuing to hold, office as a member of the Forum if he has been adjudged bankrupt or has made a composition or arrangement with his creditors; and a member, on becoming so disqualified, shall give written notice of the fact to the secretary to the Forum.
2
Where a person is disqualified by reason of his having been adjudged bankrupt, that disqualification shall cease —
a
unless the bankruptcy order made against that person is previously annulled, on his discharge from bankruptcy; and
b
if the bankruptcy order is so annulled, on the date of the annulment.
3
Where a person is disqualified by reason of his having made a composition or arrangement with his creditors and he pays his debts in full, the disqualification shall cease on the date on which the payment is completed and in any other case it shall cease on the expiration of three years from the date on which the terms of the deed of composition or arrangement are fulfilled.
Disqualification for membership of the Forum — criminal convictions
8
1
Subject to paragraph (2) a person shall be disqualified for holding, or for continuing to hold, office as a member of the Forum if —
a
within five years before his appointment would otherwise have taken effect or since his appointment, he has been convicted, whether in the United Kingdom or elsewhere, of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine;
b
within twenty years before his appointment would otherwise have taken effect, he has been convicted as aforesaid and has had passed on him a sentence of imprisonment for a period of more than two and a half years; or
c
he has at any time been convicted as aforesaid and has had passed on him a sentence of imprisonment of not less than five years.
2
For the purposes of this article there shall be disregarded any conviction by or before a court outside the United Kingdom of an offence in respect of conduct which, if it had taken place in any part of the United Kingdom, would not have constituted an offence under the law in force in that part of the United Kingdom.
Disqualification — absence from meetings
9
Any member of the Forum who, without the consent of the Forum, has failed to attend the meetings thereof for a continuous period of six months beginning with the date of a meeting shall, on the expiry of that period, be disqualified for continuing to be a member of the Forum without prejudice however, to his re-appointment.
Chairman’s tenure of office
10
The chairman of the Forum elected in accordance with paragraph 2 of Schedule 1 to the School Standards and Framework Act 1998, shall hold office for one year from the date of his election (unless he resigns his office earlier), without prejudice to his eligibility to be re-elected for a further such period.
Estelle Morris
Minister of State,
Department for Education and Employment
4th November 1999