text:
Title and commencement
1
These Regulations may be cited as the Hill Livestock (Compensatory Allowances) Regulations 1999, and shall come into force on 16th December 1999.
Interpretation
2
1
In these Regulations, unless the context otherwise requires–
“agriculture” includes horticulture, fruit growing, seed growing, dairy farming and livestock breeding and keeping, the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the use of land for other agricultural purposes, and “agricultural” shall be construed accordingly;
“the appropriate authority” means–
the Minister of Agriculture, Fisheries and Food, where–
the claimant maintains breeding cows or ewes on eligible land which forms part of a holding for which an area aid application was submitted by him to that Minister in 1999, or
no area aid application was submitted by the claimant to that Minister in 1999, but the claimant maintains breeding cows or ewes on eligible land which forms part of a holding for which an area aid application was submitted to that Minister in 1999 by another person;
the National Assembly for Wales, where–
the claimant maintains breeding cows or ewes on eligible land which forms part of a holding for which an area aid application was submitted by him to the Secretary of State for Wales in 1999, or
no area aid application was submitted by the claimant to the Secretary of State for Wales in 1999, but the claimant maintains breeding cows or ewes on eligible land which forms part of a holding for which an area aid application was submitted to the Secretary of State for Wales in 1999 by another person;
“area aid application” has the same meaning as in Article 6 of Council Regulation 3508/92 ;
“authorised person” means a person who is authorised by the appropriate authority, either generally or specially, to act in matters arising under these Regulations or the Enforcement Regulations , whether or not he is an officer of that appropriate authority;
“breeding cow” means a female bovine animal comprised in a regular breeding herd which is not maintained primarily for the production of milk, which–
has borne a calf on or before the day on which a claim is lodged for a compensatory allowance for it or, in the case of a claim accepted as valid pursuant to regulation 11(4), had borne a calf on or before the day on which the claim was received by the appropriate authority, and is, or was, capable of lactation on that day; or
has not yet borne a calf but–
has been added to the herd to replace, for the purposes of an application for the premium for maintaining suckler cows made in 1999 pursuant to regulation 3 of the Suckler Cow Premium Regulations 1993 , an animal included in that application,
was in calf when it was so added to the herd, and
is otherwise eligible for the said premium;
“the 1998 Cattle Regulations ” means the Cattle Identification Regulations 1998 ;
“claimant” means a person who has made a claim for a compensatory allowance;
“ Commission Regulation 2385/91 ” means Commission Regulation ( EEC ) No. 2385/91 laying down detailed rules for certain special cases regarding the definition of sheepmeat and goatmeat producers and producer groups ;
“ Commission Regulation 1750/1999 ” means Commission Regulation ( EC ) No. 1750/1999 laying down detailed rules for the application of Council Regulation (EC) No. 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund ( EAGGF ) ;
“ Commission Regulation 2603/1999 ” means Commission Regulation (EC) No. 2603/1999 laying down rules for the transition to the rural development support provided for by Council Regulation (EC) No. 1257/1999 ;
“compensatory allowance” means a compensatory allowance payable in respect of the Scheme Year on the basis of livestock numbers for breeding cows or ewes in accordance with Article 7 of Commission Regulation 2603/1999;
“ Council Regulation 3493/90 ” means Council Regulation (EEC) No. 3493/90 laying down general rules for the grant of premiums to sheepmeat and goatmeat producers ;
“Council Regulation 3508/92” means Council Regulation (EEC) No. 3508/92 establishing an integrated administration and control system for certain Community aid schemes ;
“ Council Regulation 1257/1999 ” means Council Regulation (EC) No. 1257/1999 and support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain Regulations ;
“designated maps” means–
in relation to England, the three volumes of maps numbered 1 to 3, each volume being marked “volume of maps of less-favoured farming areas in England ” and with the number of the volume, dated 20th May 1991, signed and sealed by the Minister of Agriculture, Fisheries and Food and deposited at the offices of the Ministry of Agriculture, Fisheries and Food at Nobel House, 17 Smith Square, London SW1P 3HX;
in relation to Wales, the two volumes of maps numbered 1 and 2, each volume being marked “volume of maps of less-favoured farming areas in Wales” and with the number of the volume, dated 20th May 1991, signed by the Secretary of State for Wales and deposited at the offices of the National Assembly for Wales Agriculture Department at Cathays Park, Cardiff CF1 3NQ; and
in relation to Scotland, the four maps numbered 1 to 4, each map being marked “map of less-favoured farming areas in Scotland” and with the number of the map, dated 15th May 1991, signed by the Secretary of State for Scotland and deposited at the offices of the Scottish Executive Rural Affairs Department at Pentland House, 47 Robb’s Loan, Edinburgh EH14 1TW;
“disadvantaged land” (except in the expression “severely disadvantaged land”) means–
land shown coloured blue on the designated maps for England and Wales; and
land shown coloured blue or pink on the designated maps for Scotland which is in the opinion of the appropriate authority–
inherently suitable for extensive livestock production but not for the production of crops in quantity materially greater than that necessary to feed such livestock as are capable of being maintained on that land, and
land on which agricultural production is restricted (but not severely restricted) in its range by soil, relief, aspect or climate;
“eligible land” means an area of land of not less than three hectares which is disadvantaged land or severely disadvantaged land;
“the Enforcement Regulations” means the Hill Livestock (Compensatory Allowances) (Enforcement) Regulations 1999 ;
“ewe” means a female sheep which is at least one year old on 1st January 2000 and is comprised in a qualified flock;
“forage area” means land used to graze or feed livestock which was included as such in a valid area aid application submitted in 1999;
“hardy breed or hardy cross-breed” means a breed or cross-breed of sheep which is in the opinion of the appropriate authority suitable for breeding and rearing on land where the severity of the permanent natural handicaps affecting the breeding and rearing of sheep on it is greater than that affecting the breeding and rearing of sheep on severely disadvantaged land generally;
“holding” means all the production units managed by a claimant situated within the United Kingdom;
“husbandry practice” includes practice in relation to the grazing and feeding of livestock;
“livestock unit” means a unit of measurement of livestock numbers, and the following constitute a single livestock unit–
one breeding cow;
one female bovine animal used to replace a breeding cow in accordance with regulation 9(1);
6.67 ewes; or
6.67 female sheep (not being ewes) used to replace ewes in accordance with regulation 9(3);
“the 1996 Order ” means the Sheep and Goats (Records, Identification and Movement) Order 1996 ;
“overgrazing” means grazing land with livestock in such numbers as adversely to affect the growth, quality or species composition of vegetation (other than vegetation normally grazed to destruction) on that land to a significant degree, and “overgrazed” shall be construed accordingly;
“production unit” has the same meaning as in Council Regulation 3508/92;
“qualified flock” means a flock of sheep which is usually kept on a production unit which includes disadvantaged land or severely disadvantaged land and which is, in the opinion of the appropriate authority–
maintained primarily for the purpose of breeding and rearing lambs; and
maintained and managed in accordance with sound husbandry practice,
and includes a specially qualified flock;
“regular breeding herd” means a herd of cattle which is usually kept on a production unit which includes disadvantaged land or severely disadvantaged land and which is, in the opinion of the appropriate authority–
maintained primarily for the purpose of breeding and rearing calves; and
maintained and managed in accordance with sound husbandry practice;
“the 1975 Regulations ” means the Hill Livestock (Compensatory Allowances) Regulations 1975 ;
“the 1979 Regulations ” means the Hill Livestock (Compensatory Allowances) Regulations 1979 ;
“the 1984 Regulations ” means the Hill Livestock (Compensatory Allowances) Regulations 1984 ;
“the 1994 Regulations ” means the Hill Livestock (Compensatory Allowances) Regulations 1994 ;
“the 1996 Regulations ” means the Hill Livestock (Compensatory Allowances) Regulations 1996 ;
“relevant afforested land” means land which in the opinion of the appropriate authority was converted to forest on or after 1st January 1986 and before 1st January 1988 by or on behalf of a person to whom a compensatory allowance was paid in respect of the land under the 1975 Regulations, the 1979 Regulations or the 1984 Regulations before the date when the conversion to forest was completed; but land shall cease to be relevant afforested land for the purposes of these Regulations 15 years after the date on which such conversion was completed;
“retention period” means the minimum period for which the claimant must maintain animals for which a compensatory allowance is claimed, which is–
in relation to breeding cows, where a claim for a compensatory allowance for those breeding cows is lodged in accordance with regulation 11(1), three months commencing on the day after that on which the claim is lodged;
in relation to breeding cows, where a claim for a compensatory allowance for those breeding cows is received by the appropriate authority before the day on which these Regulations come into force, and accepted as valid pursuant to regulation 11(4), a period commencing on that day and expiring at the end of a three month period commencing on the day after that on which the claim was received; and
in relation to ewes, 100 days commencing on the last day provided for in regulation 11(2) for lodging a claim for a compensatory allowance for ewes;
“retirement pension” means a category A or category B pension within the meaning of section 20(1)(f) of the Social Security Contributions and Benefits Act 1992 , a category C or category D pension within the meaning of section 63(f) of that Act, or graduated retirement benefit as referred to in section 62 of that Act;
“Scheme Year” means the calendar year 2000;
“severely disadvantaged land” means–
land shown coloured pink on the designated maps for England and Wales and land situated in the Isles of Scilly; and
land shown coloured pink on the designated maps for Scotland which is in the opinion of the appropriate authority–
inherently suitable for extensive livestock production but not for the production of crops in quantity materially greater than that necessary to feed such livestock as are capable of being maintained on that land, and
land on which agricultural production is severely restricted in its range by soil, relief, aspect or climate;
“specially qualified flock” means a qualified flock–
in which all or, in the opinion of the appropriate authority, substantially all, of the ewes comprised in the flock are of any hardy breed or hardy cross-breed;
in which the ewes are in the opinion of the appropriate authority maintained in three distinct age groups; and
which in England and Wales is maintained on severely disadvantaged land or on such land and other land used with it and in Scotland is maintained or substantially maintained on severely disadvantaged land suitable for use for the maintenance of sheep of a hardy breed or a hardy cross-breed, but not of other breeds;
“unsuitable supplementary feeding methods” means providing supplementary feed (other than to maintain livestock during abnormal weather conditions) in such a manner as to result in damage to vegetation through excessive trampling or poaching of the land by animals or excessive rutting by vehicles;
“usual good farming practices” means the farming practices described in Article 14(2) of Council Regulation 1257/1999 and defined in Article 28 of Commission Regulation 1750/1999.
2
Where in Scotland a production unit consists in part only of disadvantaged land or severely disadvantaged land, that part shall not be regarded as disadvantaged land or severely disadvantaged land, as the case may be, unless in the opinion of the appropriate authority it would be suitable to be dealt with as a separate unit which is capable, having regard to the number of other animals normally grazed on it, of maintaining a regular breeding herd or a qualified flock.
3
Any reference in these Regulations to a Community instrument is a reference to that instrument as amended on the date on which these Regulations are made.
4
Any reference in these Regulations to a numbered regulation (with no corresponding reference to a specific instrument) is a reference to the regulation so numbered in these Regulations and any reference to the Schedule is a reference to the Schedule to these Regulations.
Payment of compensatory allowances
3
1
The appropriate authority may pay in respect of the Scheme Year to any person who maintains breeding cows or ewes on eligible land a compensatory allowance for each breeding cow and ewe which he owns, or leases under a formal leasing arrangement, throughout the retention period applicable to the animal concerned.
2
A compensatory allowance may be paid only where the eligible land on which the claimant maintains breeding cows or ewes forms part of a holding for which a valid area aid application was submitted in 1999.
Rates of payment
4
1
The compensatory allowance for breeding cows shall be paid at the rates set out in Part I of the Schedule.
2
The compensatory allowance for ewes shall be paid at the rates set out in Part II of the Schedule.
3
The total amount of compensatory allowances which may be paid to a claimant shall not exceed the maximum specified in Part III of the Schedule.
Continued use of eligible land
5
A compensatory allowance may be paid to a claimant not in receipt of a retirement pension only if he has given a written undertaking, in such form as the appropriate authority may reasonably require, that he will, for a period of five years from the first payment of a compensatory allowance under these Regulations, the 1996 Regulations or the 1994 Regulations, continue to use eligible land for agriculture.
Usual good farming practices
6
A compensatory allowance may be paid only if, in the opinion of the appropriate authority, the claimant applies usual good farming practices on the eligible land on which he maintains cows or ewes.
Provisions with respect to breeding cows
7
1
Subject to the following paragraphs of this regulation, the number of breeding cows for which a compensatory allowance may be paid to a claimant who has made a valid claim for compensatory allowances for breeding cows in respect of the Scheme Year shall be the least of–
a
the number of breeding cows included in that claim;
b
the number of breeding cows which were owned by the claimant, or leased by him under a formal leasing arrangement, throughout the retention period applicable to breeding cows;
c
the number of breeding cows which would, in the opinion of the appropriate authority, be required in order to produce the number of calves actually produced by the claimant’s regular breeding herd–
i
in the twelve months preceding the date on which the claim is lodged, or
ii
in the case of a claim accepted as valid pursuant to regulation 11(4), in the twelve months preceding the day on which the claim was received by the appropriate authority, or
iii
in the case of a regular breeding herd newly established or re-established in the twelve months referred to in sub-paragraph (i) or (ii), in such other period as the appropriate authority may determine; and
d
the number of breeding cows which, when added to the number of ewes which are the subject of a claim for compensatory allowances made by the claimant in respect of the Scheme Year, is equivalent to 1.4 livestock units for each hectare of the claimant’s eligible land which is either forage area or relevant afforested land.
2
A compensatory allowance shall not be paid for any breeding cow the use of which for breeding would not, in the opinion of the appropriate authority, be in accordance with sound husbandry practice.
3
Where a claimant uses unsuitable supplementary feeding methods the appropriate authority may, in accordance with paragraph (4), reduce or withhold the compensatory allowances for breeding cows otherwise payable to him.
4
Where the claimant was not penalised under regulation 4 of the 1996 Regulations in 1999 for using unsuitable supplementary feeding methods, the compensatory allowances for breeding cows otherwise payable to him may be reduced by 10% where the claimant was so penalised in 1999, but not in 1998, the compensatory allowances for breeding cows otherwise payable to him may be reduced by 20percnt; and where the claimant was so penalised in 1999 and 1998, the compensatory allowances for breeding cows otherwise payable to him may be withheld.
5
Where milk has been produced by a regular breeding herd in the twelve months preceding the day on which a claimant lodges a claim for compensatory allowances for any breeding cows in that herd, or, in the case of such a claim accepted as valid pursuant to regulation 11(4), in the twelve months preceding the day on which the claim was received by the appropriate authority, and that milk has been sold or used for the manufacture of milk products for sale, the number of breeding cows for which compensatory allowances may be paid to the claimant may be reduced by the number which would, in the opinion of the appropriate authority, have been required to produce that quantity of milk in those twelve months.
Provisions with respect to ewes
8
1
Subject to the following paragraphs of this regulation, the number of ewes for which a compensatory allowance may be paid to a claimant who has made a valid claim for compensatory allowances for ewes in respect of the Scheme Year shall be the least of–
a
the number of ewes included in that claim;
b
the number of ewes which were owned by the claimant, or leased by him under a formal leasing arrangement, throughout the retention period applicable to ewes;
c
the number of ewes which would, in the opinion of the appropriate authority, be required in order to produce the number of lambs actually produced by the claimant’s qualified flock–
i
in the twelve months preceding the date on which the claim is lodged, or
ii
in the case of a claim accepted as valid pursuant to regulation 11(4), in the twelve months preceding the day on which the claim was received by the appropriate authority, or
iii
in the case of a qualified flock newly established or re-established in the twelve months referred to in sub-paragraph (i) or (ii), in such other period as the appropriate authority may determine;
d
a number calculated at the rate of–
i
six ewes for each hectare of severely disadvantaged land, and
ii
nine ewes for each hectare of disadvantaged land,
included in the claimant’s eligible land which is either forage area or relevant afforested land;
e
the number of ewes which, when added to the number of breeding cows which are the subject of a claim for compensatory allowances made by the claimant in respect of the Scheme Year, is equivalent to 1.4 livestock units for each hectare of the claimant’s eligible land which is either forage area or relevant afforested land.
2
A compensatory allowance shall not be paid for any ewe the use of which for breeding would not, in the opinion of the appropriate authority, be in accordance with sound husbandry practice.
3
Where a claimant uses unsuitable supplementary feeding methods the appropriate authority may, in accordance with paragraph 4, reduce or withhold the compensatory allowances for ewes otherwise payable to him.
4
Where the claimant was not penalised under regulation 5 of the 1996 Regulations in 1999 for using unsuitable supplementary feeding methods, the compensatory allowances for ewes otherwise payable to him may be reduced by 10percnt; where the claimant was so penalised in 1999, but not in 1998, the compensatory allowances for ewes otherwise payable to him may be reduced by 20percnt; and where the claimant was so penalised in 1999 and 1998, the compensatory allowances for ewes otherwise payable to him may be withheld.
Replacement animals
9
1
Subject to paragraph (2), any breeding cow included in a claim for compensatory allowances may be replaced before the end of the retention period by another breeding cow or by a female bovine animal which has not yet borne a calf but which is in calf on the day of replacement, without calling into question the number of breeding cows which have been owned or leased throughout the retention period.
2
A replacement pursuant to paragraph (1) must occur–
a
within twenty days of the replaced breeding cow leaving the regular breeding herd of which it formed part, or
b
before the end of the retention period,
whichever is the sooner.
3
Subject to paragraphs (4) and (5), any ewe included in a claim for compensatory allowances may be replaced by another ewe or by another female sheep which will be at least one year old by the end of the retention period, without calling into question the number of ewes which have been owned or leased throughout the retention period.
4
Where a ewe or another female sheep replaces a ewe which is a member of a specially qualified flock, the replacement animal must be of a hardy breed or hardy cross-breed.
5
A replacement pursuant to paragraph (3) must occur–
a
within seven days of the replaced ewe leaving the qualified flock of which it formed part, or
b
before the end of the retention period,
whichever is the sooner.
Overgrazing
10
1
Subject to paragraph (4), where at any time in the twelve months preceding the first date for lodging claims pursuant to regulation 11(1) the appropriate authority formed the opinion that any parcel of land was being overgrazed, it may notify the occupier of the maximum number of breeding cows which may be grazed and maintained on that parcel in the Scheme Year.
2
Subject to paragraph (4), where at any time in the twelve months preceding the first day for lodging claims pursuant to regulation 11(2) the appropriate authority formed the opinion that any parcel of land is being overgrazed, it may notify the occupier of the maximum number of ewes which may be grazed and maintained on that parcel in the Scheme Year.
3
The maximum numbers referred to in paragraphs (1) and (2) shall be determined by taking account of the number of other animals likely to be grazed and maintained on the parcel concerned in the Scheme Year and having regard to such conditions as may be specified in the notification.
4
Where the appropriate authority has previously issued a notification under paragraph (1) or paragraph (2) in relation to any parcel of land, it may issue a further such notification in relation thereto without having formed the opinion that it was being overgrazed.
5
Where the appropriate authority has issued a notification under paragraph (1) or paragraph (2), no compensatory allowance shall be paid in respect of the Scheme Year for any breeding cow or ewe grazed and maintained in the Scheme Year on the land to which it relates in excess of the maximum number of breeding cows or ewes specified in the notification.
Claims for compensatory allowances
11
1
A claim for compensatory allowances in respect of the Scheme Year for breeding cows shall be lodged with the appropriate authority on or after the day on which these Regulations come into force, but not later than 20th December 1999.
2
A claim for compensatory allowances in respect of the Scheme Year for ewes shall be lodged with the appropriate authority on or after the day on which these Regulations come into force, but not later than 4th February 2000.
3
A claim for compensatory allowances shall be made in such form as the appropriate authority may reasonably require, and no person shall be entitled to make more than one such claim for breeding cows or ewes in respect of the Scheme Year, provided that, where a number of claims for compensatory allowances for breeding cows or ewes are made by persons who have in respect of that year made more than one area aid application but who are regarded as a single farmer within the meaning of Article 1(4) of Council Regulation 3508/92, the claims concerned shall be deemed to be a single claim made by one person for the purposes of this paragraph.
4
The appropriate authority may accept as valid claims for compensatory allowances in the form referred to in paragraph (3) which were received by it on or after 1st November 1999.
5
Where the claimant is a producer group within the meaning of Article 1(2) of Council Regulation 3493/90 the claimant shall, in making a claim for compensatory allowances for ewes under this regulation, observe the signature formalities imposed by Article 2(1) of Commission Regulation 2385/91 in relation to the application referred to therein.
Late claims
12
1
Subject to paragraphs (2) and (3), if a claimant lodges a claim for compensatory allowances in respect of the Scheme Year later than the relevant closing date, the amount otherwise payable to him shall be reduced by one per cent for every working day later than that date that his claim is lodged.
2
If a claim is lodged more than twenty-five days (whether or not working days) later than the relevant closing date, no compensatory allowances shall be paid to the claimant pursuant to that claim.
3
Paragraphs (1) and (2) shall not apply if and to the extent that a claim is lodged later than the relevant closing date by reason of force majeure .
4
In this regulation–
a
“the relevant closing date” means 20th December 1999 in the case of a claim for compensatory allowances for breeding cows and 4th February 2000 in the case of a claim for compensatory allowances for ewes;
b
“working day” means a day which is not a Saturday, a Sunday, a common law holiday in England and Wales, or a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 ;
c
“ force majeure ” means abnormal and unforeseeable circumstances outside the control of the claimant, the consequences of which could not have been avoided by the exercise of all due care by the claimant.
Movement of animals
13
Before a claimant moves any breeding cow or ewe included in his claim for compensatory allowances from the location given for it in the claim, he shall notify the appropriate authority in writing of the new location.
Release from undertaking
14
A claimant is by virtue of this regulation released from the undertaking referred to in regulation 5–
a
at the moment he first receives a retirement pension;
b
if he is prevented from continuing to discharge that undertaking by reason of any material circumstance beyond his control; or
c
if he ceases farming and at least three hectares of the eligible land last used by him for the grazing of animals continue to be used for agriculture.
Withholding or recovery of compensatory allowances
15
1
The appropriate authority may withhold or recover on demand the whole or any part of any compensatory allowance payable or paid to a claimant in respect of the Scheme Year in any of the following circumstances–
a
where the claimant fails to comply with the terms of an undertaking given by him pursuant to regulation 5, from which he has not been released by regulation 14;
b
where, in the opinion of the appropriate authority, the claimant has failed to apply usual good farming practices on the eligible land on which he maintains breeding cows or ewes;
c
where the appropriate authority has issued to the claimant a notification under regulation 10(1) or (2) and is satisfied that a condition specified in that notification has been breached, or that more breeding cows or ewes than the maximum number specified in the notification have been grazed and maintained in the Scheme Year on the parcel of land to which it relates;
d
where the claimant fails to notify the appropriate authority in writing of the movement of a breeding cow or ewe, in accordance with regulation 13;
e
where the claimant, or an employee, servant or agent of the claimant, intentionally obstructs an authorised person, or a person accompanying an authorised person and acting under his instructions, from exercising any power conferred by regulation 4 of the Enforcement Regulations, or fails without reasonable excuse to comply with a requirement made by an authorised person under that regulation, or a request made by an authorised person under regulation 5 of the Enforcement Regulations.
2
Where at any time during the Scheme Year the claimant fails to comply with regulation 29(3) and (5) of the 1998 Cattle Regulations, the appropriate authority may withhold or recover on demand the whole or any part of any compensatory allowance for breeding cows payable or paid to the claimant in respect of the Scheme Year.
3
Where at any time during the Scheme Year the claimant fails to comply with article 4 or (where he is a sheepmeat producer for the purposes of Council Regulation 3493/90) paragraphs (1), (3), (4) or (5) of article 5 of the 1996 Order, the appropriate authority may withhold or recover on demand the whole or any part of any compensatory allowance for ewes payable or paid to the claimant in respect of the Scheme Year.
Rate of interest
16
Where the appropriate authority recovers the whole or any part of any compensatory allowance pursuant to regulation 15, unless the sum recovered was paid as a result of its own error, interest shall be charged thereon at the rate of one per cent above the sterling three months London Interbank Offered Rate on a day-to-day basis for the period from payment to recovery.
Approval of compensatory allowances by the European Commission
17
If the European Commission shall not approve, in accordance with Article 44(2) of Council Regulation 1257/1999, the payment of the compensatory allowances provided for in these Regulations, or shall approve their payment in part only, the appropriate authority may withhold, or recover on demand, any compensatory allowances payable or paid in respect of the Scheme Year, in full or to the extent that payment is not so approved, as the case may be.
Revocations and saving
18
The 1996 Regulations, the Hill Livestock (Compensatory Allowances) (Amendment) Regulations 1997 , the Hill Livestock (Compensatory Allowances) (Amendment) Regulations 1998 and the Hill Livestock (Compensatory Allowances) (Amendment) Regulations 1999 shall cease to apply, except in relation to–
a
any compensatory allowances paid or payable since 31st December 1994; and
b
any statement or information referred to in regulation 14(c) of the 1996 Regulations (offence of making a false or misleading statement) which is made or furnished in, or in connection with, a claim for compensatory allowances accepted as valid pursuant to regulation 11(4).
Joyce Quin
Minister of State, Ministry of Agriculture, Fisheries and Food
15th December 1999


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
1
This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session Amendment No. 4) (References to the Court of Justice of the European Communities) 1999 and shall come into force on 1st May 1999.
2
This Act of Sederunt shall be inserted in the Books of Sederunt.
Amendment of the Rules of the Court of Session
2
1
The Rules of the Court of Session 1994( shall be amended in accordance with this paragraph.
2
In rule 62.18(1) (which defines certain expressions for the purposes of Part IV of Chapter 62), in paragraph (a) of the definition of “Community judgment”, for “187 or 192” substitute “244 or 256”.
3
In rule 65.1(1) (which defines certain expressions for the purposes of Chapter 65), in paragraph (a) of the definition of “reference”, for “177” substitute “234”.
4
In rule 65.2 (applications for reference to European Court), the words “in Form 65.2” shall cease to have effect.
5
In rule 65.3 (preparation of reference)–
a
after paragraph (1) insert–
1A
Except in so far as the court may otherwise direct, a reference shall be prepared in accordance with Form 65.3.
1B
In preparing a reference, the parties shall have regard to the guidance set out in the annex to these Rules.
; and
b
in paragraph (2), for the words “at the sight of the court” substitute “and any adjustments required by the court have been made”.
6
In the appendix, for Form 65.2 there shall be substituted the form set out in Schedule 1 to this Act of Sederunt.
7
After the appendix there shall be added the annex set out in Schedule 2 to this Act of Sederunt.
Saving
3
Nothing in this Act of Sederunt affects any reference made before the coming into force of this Act of Sederunt.
Rodger of Earlsferry
Lord President I.P.D.
Edinburgh,
28 April 1999.


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Travelling Expenses and Remission of Charges) Amendment Regulations 1999.
2
This regulation and regulation 4 of these Regulations shall come into force on 29th September 1999 and all other regulations shall come into force on 5th October 1999.
3
In these Regulations, “the principal Regulations ” means that National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988 .
Amendment of regulation 2 of the principal Regulations
2
1
In regulation 2(1) of the principal Regulations (interpretation)
a
after the definition of “the Act” there shall be inserted the following definition —
“amount withdrawn” means the amount by which the appropriate maximum disabled person’s tax credit or working families' tax credit, as the case may be, determined in accordance with section 129(8) or 128(5) of the Social Security Contributions and Benefits Act 1992 , as the case may be, is reduced by virtue of the claimant’s income exceeding the applicable amount;
;
b
for the definition of “disability working allowance” there shall be substituted the following definition —
“disabled person’s tax credit” means disabled person’s tax credit under section 129 of the Social Security Contributions and Benefits Act 1992;
;
c
in the definition of “family” for the words “family credit” and “disability working allowance” there shall be substituted the words “working families' tax credit” and “disabled person’s tax credit” respectively.
d
for the definition of “family credit” there shall be substituted in the appropriate place the following definition —
“working families' tax credit” means working families' tax credit under section 128 of the Social Security Contributions and Benefits Act 1992.
.
Amendment of regulation 4 of the principal regulations
3
1
Regulation 4 of the principal Regulations (description of persons entitled to full remission and payment) shall be amended in accordance with the following provisions of this regulation.
2
For paragraph (c) there shall be substituted the following paragraph —
c
a person who is in receipt of working families' tax credit with an amount withdrawn of £70 or less,
.
3
For paragraph (d) there shall be substituted the following paragraph —
d
a member of the same family as a person described in paragraph (c) of this regulation,
.
4
For paragraph (g) there shall be substituted the following paragraph —
g
a person who is in receipt of disabled person’s tax credit with an amount withdrawn of £70 or less,
.
Amendment of Schedule 1 to the principal Regulations
4
1
Table A of Part I of Schedule 1 to the principal Regulations (modification of provisions of the Income Support (General) Regulations 1987 shall be amended in accordance with the following provisions of this regulation.
2
In the entry in column (2) relating to the entry “regulation 65” in column (1), after the words “student’s grant” in both places where they occur, there shall be inserted the words “or student’s loan”.
Transitional provision
5
Where immediately before 5th October 1999 a person was entitled to remission of charges by virtue of regulation 4(c) or (d) of the principal Regulations (remission by reference to entitlement to family credit) or by virtue of regulation 4(g) or (h) of the principal Regulations (remission by reference to entitlement to disability working allowance), that entitlement shall continue for so long as family credit or disability working allowance, as the case may be, remains in payment.
Signed by authority of the Secretary of State for Health
Tessa Jowell
Minister of State for Public Health,
Department of Health
8th September 1999


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Governors' Annual Reports) (England) Regulations 1999 and shall come into force on 1st September 1999.
2
These regulations apply only in relation to maintained schools in England.
Interpretation
2
In these Regulations —
“the 1996 Act ” means the Education Act 1996 ;
“the 1998 Act ” means the School Standards and Framework Act 1998;
“the 1998 Regulations ” means the Education (School Information) (England) Regulations 1998 ;
“annual parents' meeting” means the meeting of parents which the governing body are required to hold once in every school year under section 43 of the 1998 Act;
“assessed” means assessed pursuant to orders made under section 356(2)(c) of the 1996 Act and “assessment” shall be construed accordingly;
“budget share” means the amount allocated to the governing body of a maintained school pursuant to section 47 of the 1998 Act and any regulations in force from time to time under that section or (in relation to any period before 1st April 1999) pursuant to sections 103(2)(a), 106 and 107 of the 1996 Act ;
“governors' report” means the report which the governing body are required to prepare once in every year under section 42 of the 1998 Act;
“maintained school” means a community, foundation or voluntary school or a community or foundation special school;
“previous annual parents' meeting” means the last annual parents' meeting held by the governing body or (if no such meeting has previously been held under section 43 of the 1998 Act) the last annual parents' meeting held by them pursuant to the requirements included in the articles of government for the school by virtue of, as the case may be, section 162 of, paragraph 8 of Schedule 23 to, or paragraph 2 or 4 of Schedule 28 to, the 1996 Act .
“previous governors' report” means the last governors' report prepared by the governing body or (if no such report has previously been prepared by them under section 42(1) of the 1998 Act) the last governors' report prepared by them pursuant to the requirements included in the articles of government for the school by virtue of, as the case may be, section 161 of, paragraph 7 of Schedule 23 to, or paragraph 2 or 4 of Schedule 28 to, the 1996 Act;
“reporting school year” means the school year reported on in the governors' report;
“special school” has the meaning assigned to it by section 337(1) of the 1996 Act ; and
“attainment targets”, “core subjects”, “ GCE “A” level examinations”, “GCE “AS” examinations”, “level”, “national summary figures”, “NC tasks”, “NC tests”, “school prospectus” and “teacher assessment” have the meaning given to them by the 1998 Regulations.
Matters to be dealt with in a governors' report
3
Every governors' report shall contain the information specified in the Schedule.
Requirements with respect to governors' report
4
1
Subject to paragraph (2) below, it shall be for the governing body to determine the language or languages in which the governors' report is to be produced, and the form or forms in which it is to be produced.
2
The governing body shall comply with any direction given by the local education authority by which the school is maintained with respect to any additional language to be used or with respect to any additional form in which the report is to be produced.
5
The governing body shall take such steps as are reasonably practicable to secure that —
a
the parents of all registered pupils at the school and all persons employed at the school are given (free of charge) a copy of the governors' report;
b
copies of the report are available for inspection (at all reasonable times and free of charge) at the school; and
c
where (by virtue of section 43 of the 1998 Act) there is an obligation on the governing body to hold an annual parents' meeting, copies of the governors' report to be considered at that meeting are given to parents not less than two weeks before that meeting.
Charles Clarke
Parliamentary Under Secretary of State,
Department for Education and Employment
27th July 1999


text:
Citation and commencement
1
This Order may be cited as the Weston Park Hospital National Health Service Trust (Dissolution) Order 1999 and shall come into force on 1st April 1999.
Dissolution of NHS trust
2
The Weston Park Hospital National Health Service Trust established by the Weston Park Hospital National Health Service Trust (Establishment) Order 1991 is dissolved, and accordingly that Order is revoked.
Signed by authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
19th March 1999


text:
Citation and commencement
1
These Regulations may be cited as the Energy Information (Lamps) Regulations 1999 and shall come into force on 1st July 1999 (but see regulation 13).
Interpretation
2
1
In these Regulations, unless the context otherwise requires–
“dealer” means a retailer or other person who offers for sale, displays or sells a regulated lamp to end-users;
“the Directives” means Council Directive 92/75/ EEC on the indication by labelling and standard product information of the consumption of energy and other resources by household appliances and the Lamps Directive;
“enforcement action” means the instituting of proceedings (whether criminal or otherwise) for failing to observe or comply with these Regulations;
“enforcement authority”–
in England and Wales, and in Scotland, means a local weights and measures authority within the meaning of section 69 (local weights and measures authorities) of the Weights and Measures Act 1985 ; and
in Northern Ireland, means the Department of Economic Development;
“the harmonised standards” means the standards referred to in Article 1(4) of the Lamps Directive, which are technical specifications (European standards or harmonisation documents) adopted by the European Committee for Electrotechnical Standardisation (“Cenelec”), on the basis of–
a mandate from the Commission in accordance with Council Directive 83/189/EEC of 28th March 1983 laying down a procedure for the provision of information in the field of technical standards and regulations, as last amended by Commission Decision 96/139/ EC , and
the general guidelines for co-operation between the Commission, Cenelec and the European Committee for Standardisation signed on 13th November 1984 ;
“household electric lamps” means filament and integral compact fluorescent lamps supplied directly from the mains;
“household fluorescent lamps” includes linear and non-integral compact fluorescent lamps;
“information notice”–
in regulation 7(2) and paragraph 6 of Schedule 4 (power of enforcement authority to require technical documentation), means a notice containing information relating to the energy consumption and allied design and performance characteristics of a regulated lamp;
in any other provision of these Regulations, subject to paragraph (c), means a notice in the relevant language version containing information which meets the relevant requirements–
where the notice is in English, of Schedules 1 (the label) and 3 (energy efficiency classes);
in any other case, of the Lamps Directive;
in relation to a supplier, means a notice containing information provided by him in accordance with paragraph (a) or (b);
“label”–
in regulations 7(2) and 11 (misleading information) and paragraph 6 of Schedule 4 (power of enforcement authority to require technical documentation), means a label, mark, symbol or inscription relating to the energy consumption of a regulated lamp;
in any other provision of these Regulations, means a label in the relevant language version which meets the relevant requirements–
where it is in English, of Schedules 1 (the label) and 3 (energy efficiency classes);
in any other case, of the Lamps Directive;
“the Lamps Directive” means Commission Directive 98/11/EC implementing Council Directive 92/75/EEC with regard to energy labelling of household lamps;
“purchase” includes acquire on hire or on hire-purchase;
“records” includes any books, documents, marks or symbols and any records in non-documentary form;
“regulated lamp” means–
any household electric lamp, and
any household fluorescent lamp,
except where marketed or commercialised as part of a product, the primary purpose of which is not illuminative but, subject to that, even when marketed for non-household use;
“sale” includes hire and hire-purchase;
“supplier” means the manufacturer of a regulated lamp or his authorised representative in the Community or the person who places the lamp on the Community market;
“third person” means any person other than one against whom enforcement action may be, or is being, or has been taken under these Regulations.
2
Other expressions used in these Regulations and in the Directives, or in one of them, have the same meaning in these Regulations as they have in the Directives or in that one, as the case may be.
Application of Regulations
3
1
Subject to paragraph (2), these Regulations shall apply to regulated lamps; but where such a lamp can be taken apart by end-users, they apply to such part of the lamp as emits the light or, where there is more than one such part, to all those parts.
2
These Regulations shall not apply to–
a
lamps with a luminous flux of more than 6,500 lumens;
b
lamps with an input power of less than 4 watts;
c
reflector lamps;
d
lamps marketed or commercialised primarily for use with other energy sources, such as batteries;
e
lamps marketed or commercialised primarily for the production of light outside the visible range of 400 to 800nm;
f
second-hand lamps;
g
lamps of which production ceased before 31st March 1998.
Suppliers' duties in respect of labels
4
1
A supplier shall not supply a regulated lamp to a dealer unless, subject to paragraph (2), a label is placed or printed on the outside of the individual packaging of the lamp.
2
Where the packaging is so small that it cannot take a label reduced to 40% (by length) of the size necessary to meet the relevant requirements of Schedule 1, the supplier’s duty under paragraph (1) shall be met if a label is attached to the outside of the individual packaging of the lamp.
3
Whenever, for the purpose of complying with regulation 9(1), a dealer sends to his supplier a request for labels, the supplier shall supply them free of charge and shall ensure that they are delivered promptly but, subject to that, may choose his own system for delivery.
Suppliers' duties in respect of product brochures and information notices
5
1
A supplier shall not provide a product brochure with a regulated lamp unless the brochure contains an information notice.
2
Where a supplier does not provide a product brochure, and subject to paragraph (3), he shall provide an information notice with each regulated lamp which he supplies; and the notice shall be supplied with other literature provided with the lamp.
3
Nothing in paragraph (2) shall require a supplier who has provided a label with a regulated lamp or its individual packaging, to provide a separate information notice with that lamp or its packaging.
Suppliers' deemed consent to publication of information
6
The supplier shall be deemed to have given his consent to the publication of the information contained in a label or information notice.
Suppliers' responsibility for accuracy of labels and information notices
7
The supplier (and no other person) shall be responsible for the accuracy of the information contained in a label or information notice.
Suppliers' duties in respect of technical documentation
8
1
Before a regulated lamp is placed on the Community market the supplier shall have established technical documentation sufficient to enable the accuracy of the information contained in a label or information notice to be assessed.
2
The technical documentation referred to in paragraph (1) shall include–
a
the name, trademark and address of the supplier;
b
a general description of the lamp, sufficient for it to be uniquely identified;
c
information (including drawings as relevant) on the main design features of the model and, in particular, those which appreciably affect its energy consumption;
d
the results of design calculations carried out, where these are relevant;
e
reports of relevant measurement tests carried out on the model in accordance with the test procedures of the harmonised standards;
f
test reports, where available, including those carried out by relevant notified organisations as defined under other Community legislation;
g
where values are derived from those obtained for similar models, the same information for these models; and
h
operating instructions (if any).
3
For the purposes of paragraph (1), the supplier may use documentation already required on the basis of relevant Community legislation.
4
The supplier shall make the technical documentation available for inspection by an enforcement authority for a period ending five years after the lamp has ceased to be manufactured.
5
The supplier shall furnish promptly to an enforcement authority such of the technical documentation as the authority may, by notice in writing given to the supplier, reasonably require pursuant to paragraph 6 of Schedule 4 (power of enforcement authority to require technical information).
Dealers' duties
9
1
A dealer who displays or offers for sale a regulated lamp shall–
a
ensure that there is placed or printed on the outside of the individual packaging of the lamp or,
b
in a case to which regulation 4(2) applies, but subject to paragraph (2) below, attach to, or ensure that there is attached to, the outside of the individual packaging of the lamp,
a label referable to the lamp in question.
2
Nothing in paragraph (1)(b) shall require a dealer to attach a label, or to ensure that a label is attached, to a lamp where he displays a full-size label with the lamp (for example, attached to the shelf on which the lamp is displayed).
3
The dealer shall ensure that, throughout the period of the offer or display, the label placed, printed or attached, in accordance with paragraph (1), is neither obscured, nor its visibility reduced, by anything attached to, or placed or printed on, the packaging of the lamp.
Information in respect of mail order and other distance sales
10
1
Where any person offers a regulated lamp for sale by means of a printed communication, such as a catalogue, in circumstances that imply that the potential customer cannot be expected to see the lamp displayed, that person shall include, or ensure that there is included, in the printed communication, or otherwise provide, or ensure that there is provided–
a
a copy of the label referable to the lamp; or
b
subject to paragraph (2), a statement containing the information specified in Schedule 2 and presented in the order in which it is so specified.
2
Nothing in paragraph (1)(b) shall require the inclusion of the information specified in Schedule 2(d) (average rated life of lamp) where no other information on the life of the lamp is given in the catalogue.
Misleading information
11
1
Subject to paragraph (2), no person shall display any label, mark, symbol or inscription which relates to the energy consumption of a regulated lamp, if it does not comply with these Regulations and is likely to confuse or mislead.
2
Nothing in paragraph (1) applies to a label, mark, symbol or inscription displayed under a Community or national environmental labelling scheme.
Enforcement and offences
12
1
Subject to paragraph (2), it shall be the duty of an enforcement authority to enforce these Regulations within its area.
2
Nothing in paragraph (1) authorises a local weights and measures authority in Scotland to bring proceedings in Scotland for an offence.
3
Schedule 4 (enforcement, offences, etc. ) shall have effect.
Transitional provision
13
Nothing in these Regulations shall apply to–
a
the supply (whether to a dealer or another person) of a regulated lamp,
b
the distribution of any product brochure or printed communication, or
c
the display of any regulated lamp;
before 31st December 2000.
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
26th May 1999


text:
Commencement and citation
1
This Order may be cited as the A4 Trunk Road (Hammersmith & Fulham and Kensington & Chelsea) Red Route Traffic Order 1999, and shall come into force on 22nd April 1999.
Interpretation
2
In this Order–
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route” means the lengths of road specified in column (2) of the table in schedule 1;
f
“vehicle” includes part of a vehicle;
g
an entry in column ( 3 ), ( 4 ) or ( 5 ) of an item in a schedule to this order applies to that column in subsequent items in that schedule;
h
“bus” has the meaning given by regulation 22(2) of the Traffic Signs Regulations and General Directions 1994 ;
i
“bus stop” means an area bounded by a traffic sign shown in diagram 1025.1 or 1025.3 in schedule 6 of the Traffic Signs Regulations and General Directions 1994 which includes the words “bus stop”;
j
“bus stand” means an area bounded by a traffic sign shown in diagram 1025.1 or 1025.3 in schedule 6 of the Traffic Signs Regulations and General Directions 1994 which includes the words “bus stand”;
k
“London Regional Transport” has the meaning given by the London Regional Transport Act 1984 ; and
l
“pedal cycle” has the same meaning as in regulation 4 of the Traffic Signs Regulations and General Directions 1994.
General prohibition of stopping
3
1
Subject to the provisions of paragraphs (2) and (3) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop in the trunk road red route during the restricted hours.
2
Subject to the provisions of paragraph (3) of this article, and of articles 4, 5(1), 6, 7(1), 7(2), 8 and 9, no person shall cause any vehicle to stop at any time in any lengths of the trunk road red route specified in schedule 4.
3
The controls specified in paragraphs (1) and (2) of this article do not apply in respect of any area of the trunk road red route specified in schedule 2A.
4
In this article “the restricted hours” means, in relation to a length of the trunk road red route specified in an item in column ( 2 ) of the table in schedule 1, the hours specified in that item in column ( 3 ) of that table.
Exemptions of parking
4
The controls specified in article 3(1) and (2) 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 or on an area of road specified in an item in column ( 2 ) of the table in schedule 2B 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.
Miscellaneous exemptions for parking
5
1
Licensed taxi cabs: The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to be parked at the edge of the carriageway on a length of road specified in schedule 2D.
2
Buses: The controls specified in article 3(1) do not apply in respect of a person causing a bus 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 2E 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.
3
Doctors' vehicles: 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 2F during the hours specified in column ( 3 ) in that item, provided that–
a
there is displayed in the windscreen of the vehicle a badge issued by, or with the authority of, the Traffic Director for London to a medical practitioner, and which specifies–
i
the name of the person to whom it was issued, and
ii
the premises in relation to which it applies; and
b
the vehicle was parked by, or with the permission of, the person whose name is specified on the badge and for so long only as the person who parked the vehicle is engaged in work at the premises specified on the badge.
4
Solo motor bicycles: The controls specified in article 3(1) do not apply in respect of a person causing a motor bicycle without a side-car 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 2G during the hours specified in column ( 3 ) in that item.
Exemptions for loading and unloading
6
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle which is being loaded or unloaded to stop at the edge of the carriageway on a length of road or on an area of road specified in an item in column ( 2 ) of the tables in schedules 3A and 3B during the hours specified in column ( 3 ) in that item for as long as is needed to load or unload the vehicle or 20 minutes, whichever is the less, provided that not less than 20 minutes has elapsed since the vehicle was last parked on any part of the same length of road.
Exemptions for disabled persons
7
1
The controls specified in article 3(1) and (2) 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 or an area of road specified in an item in column ( 2 ) of the table in schedule 2B during the hours specified in column ( 3 ) in that item.
2
The controls specified in article 3(1) and 3(2) 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 or an area of road specified in an item in column ( 2 ) of the table in schedule 2C during the hours specified in column ( 3 ) in that item.
3
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, and a parking disc on which is shown the time at which the period of parking began, 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, for a period of up to 3 hours not being a period separated by an interval of less than 1 hour from a previous period when that vehicle was parked in that length of road.
Exemptions at bus stops and stands
8
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing:
a
a bus to stop at a bus stop for as long as may be required to enable passengers to board or alight; or
b
a bus to stop at a bus stop or a bus stand and being used for operational reasons in the course of providing a London bus service (as defined in section 34 of the Transport Act 1985 ) under an agreement with London Regional Transport or training drivers to allow such a service to be provided.
2
In this article “operational reasons” means:
i
to enable passengers to board and alight;
ii
to enable crew changes to take place;
iii
to maintain the scheduled timetable subject, in the case of a bus stop, to a maximum wait of two minutes.
Other exemptions
9
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to stop if that person is–
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) and (2) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) and (2) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
4
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a pedal cycle to be parked at a facility specifically provided for the purpose of pedal cycle parking by, or with the consent of, the highway authority.
Revocation or variation of existing Orders
10
The Hammersmith & Fulham (Waiting and Loading Restriction) Order 1993, the Kensington & Chelsea (Waiting and Loading Restriction) ( No. 2) Order 1994, the A4 Trunk Road (Hammersmith & Fulham and Kensington & Chelsea) Red Route Experimental Traffic Order 1997 and the A4 Trunk Road (Hammersmith & Fulham and Kensington & Chelsea) Red Route Experimental Traffic Order 1997 Variation Order 1998 are hereby revoked, in so far as their provisions relate to any part of the trunk road red route.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
12th April 1999