text:
INTRODUCTORY
1
These Regulations may be cited as the Merchant Shipping (Registration of Ships, and Tonnage) (Amendment) Regulations 1999 and shall come into force on 10th January 2000.
PART I
REGISTRATION
2
The Merchant Shipping (Registration of Ships) Regulations 1993 shall be amended as follows.
3
In regulation 1(2):
a
the following definitions shall be inserted in the appropriate alphabetical positions:
“fishing vessel certificate” means a certificate of that name specified in section 123 of the Merchant Shipping Act 1995;
,
“maximum continuous engine power” has the same meaning as “engine power” in Article 5.1 of Council Regulation ( EEC ) No. 2930/86 (defining characteristics for fishing vessels);
,
“modification explanation” means the clear explanation, referred to in Article 3.3 of Commission Regulation (EEC) No. 1381/87 (establishing detailed rules concerning the marking and documentation of fishing vessels), of the method by which any modification of engine power has been carried out;
,
“permanently de-rated engine power” means a modification of the maximum continuous engine power referred to in Article 3.3 of Commission Regulation (EEC) No. 1381/87 ;
and
“port number” means the number allocated for a fishing vessel within its port of choice under regulation 31(2)(b), 53(2) or 79(2)(a);
;
b
for the definition of “identifying number” there shall be substituted:
“identifying number” means:
where the Registrar has allocated a bareboat charter ship a number under regulation 79(2)(b) or (3), that number, or
in any other case, the unique number allocated to a bareboat charter ship for identification purposes by its primary register;
;
c
for the definition of “pleasure vessel” there shall be substituted:
“pleasure vessel” means a pleasure vessel as defined in regulation 2 of the Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 1998 ;
;
d
for the definition of “port letters and numbers” there shall be substituted:
“port letters” means the letters for the port of choice;
; and
e
in the definition of “port of choice”, for “owner” there shall be substituted “applicant”.
4
In regulation 28:
a
the existing text shall be numbered (1);
b
in the full-out part of paragraph (1)(b), “either” shall be omitted;
c
in paragraph (1)(b)(i), for “ship other than a fishing vessel” there shall be substituted “pleasure vessel”;
d
at the end of paragraph (1)(b)(i)(b), “or” shall be omitted;
e
at the end of paragraph (1)(b)(ii)(c), there shall be added:
or
iii
in respect of a ship other than a pleasure vessel or a fishing vessel, one bill of sale showing the most recent transfer of ownership;
;
f
in paragraph (1)(c), before “(a)” there shall be inserted “sub-paragraph”; and
g
at the end of paragraph (1) there shall be added:
2
Where a ship has entered the Register by virtue of paragraph (1)(b)(iii) and subsequently becomes a pleasure vessel or a fishing vessel, the owner shall then provide the title evidence required under paragraph (1)(b)(i) or (ii) respectively or under paragraph (1)(c) for the ship to remain eligible to be registered.
.
5
At the beginning of paragraphs (1) and (2) of regulation 29 there shall be inserted “Subject to regulation 29A”.
6
After regulation 29 there shall be inserted:
Engine power of fishing vessels registered on Part II or Part IV of the Register
29A
1
This regulation applies where any of the following applications is made on or after 10th January 2000:
a
an application under regulation 28 to register a fishing vessel (whether new or second hand);
b
an application under regulation 51 to record a change in the length, breadth or engine power of a registered fishing vessel; or
c
an application under regulation 50 to register a change of ownership of a registered fishing vessel or share in such vessel.
2
When making an application referred to in paragraph (1), the applicant shall submit:
a
details of the maximum continuous engine power, determined in accordance with Article 5 of Council Regulation (EEC) No. 2930/86 , and
b
where an engine is permanently de-rated, the modification explanation.
3
Any owner who contravenes paragraph (2) shall be guilty of an offence.
29B
Where the Registrar is not satisfied that the engine power details notified to him, or recorded, for any fishing vessel are correct, he may require the owner to have the engine power measured in accordance with Article 5 of Council Regulation (EEC) No. 2930/86 and to notify the details to him.
.
7
In regulation 31(2), for sub-paragraph (b) there shall be substituted:
b
in the case of a fishing vessel, allocate a port number,
.
8
In regulation 40:
a
in paragraph (1)(b) “of title” shall be omitted; and
b
at the end of paragraph (1) there shall be added:
c
On registering a fishing vessel which has had its engine power permanently de-rated the Registrar shall retain in his possession the modification explanation which has been submitted to him in accordance with regulation 29A(2).
.
9
At the end of regulation 42(1) there shall be added:
1A
In the case of an application for renewal made on or after 1st January 2001 in respect of a fishing vessel, the application shall in addition be accompanied by:
a
where an engine has been permanently de-rated, a declaration describing the method by which the engine has been permanently de-rated, or
b
in any other case, a declaration that the engine power recorded is the maximum continuous engine power.
.
10
At the end of regulation 50 there shall be added:
4
Any person who fails to notify the Registrar, to surrender the certificate of registry, or to make application as required by paragraph (1), (2) or (3) shall be guilty of an offence.
.
11
At the end of regulation 51 there shall be added:
5
Any person who fails to make an application as required by paragraph (1) or (3) shall be guilty of an offence.
.
12
At the end of regulation 56(1) there shall be added:
j
where the owner of a fishing vessel fails to respond to the Registrar within 15 days of a request from him to supply information concerning details on the Register of a fishing vessel;
k
where the owner of a fishing vessel supplies information requested by the Registrar, but that information is either false or incorrect, or is reasonably considered by the Registrar to be insufficient;
l
where a fishing vessel certificate has expired;
m
where under regulation 50 a person is required to notify the Registrar, or make an application, and has not done so; or
n
where under regulation 51 a person is required to make an application, and has not done so.
.
13
In regulation 77(1) “in person or by post” shall be omitted.
14
In regulation 79, for paragraphs (2) and (3) there shall be substituted:
2
Where the application is made in respect of a fishing vessel and the Registrar is satisfied that the vessel is eligible to be registered as a bareboat charter ship, he shall:
a
allocate a port number, and
b
allocate an identifying number, whether or not the vessel already has a number allocated by its primary register.
3
In the case of any other ship the Registrar may allocate an identifying number, whether or not the ship already has a number allocated by its primary register.
.
15
In regulation 80(2)(a)(iii), for “the allocated number in its port of choice” there shall be substituted “its port number”.
16
At the end of regulation 87(1) there shall be added:
f
where the charterer of a fishing vessel fails to respond to the Registrar within 15 days of a request from him to supply information concerning details on the Register;
g
where the charterer of a fishing vessel supplies information requested by the Registrar, but that information is either false or incorrect or is reasonably considered by the Registrar to be insufficient;
h
where under regulation 84 the charterer is required to notify the Registrar, and has not done so;
i
where under regulation 51 as applied by regulation 85 a person is required to make an application, and has not done so; or
j
where a fishing vessel certificate has expired.
.
17
In regulation 101(1):
a
for “of (h)” there shall be substituted “(h), (i), (j), (k), (l), (m) or (n)”; and
b
for “(d) or (e)” there shall be substituted “(d), (e), (f), (g), (h), (i) or (j)”.
18
For regulation 106 there shall be substituted:
106
Where the Registrar is not satisfied by the information provided on an application for registration of a ship that the ship is eligible for registration or that any of the particulars or other information supplied is correct or sufficient, he may require such supplementary information or evidence as he considers appropriate.
.
19
In regulation 112, for “shall be” there shall be substituted “shall each be”.
20
In regulation 114:
a
in paragraph (7):
i
before “49” in both cases where it occurs there shall be inserted “29A,”; and
ii
in sub-paragraph (a) for “(5) and (6)” there shall be substituted “(5) or (6)”; and
b
at the end there shall be added:
9
The offences specified in regulations 50 and 51 (notification of changes or making of applications), including regulation 51 as applied by regulation 85, shall be punishable on summary conviction with a fine not exceeding level 5 on the standard scale.
.
21
In Schedule 2, Part 2:
a
for “Port Code” there shall be substituted “Port letters”; and
b
after “PE POOLE” there shall be inserted “ PO PORTLAND”.
22
In Schedule 3, paragraph 5:
a
in sub-paragraph (b), for “number of the vessel” there shall be substituted “port number”;
b
in sub-paragraph (c), before “number” there shall be inserted “port”;
c
in sub-paragraph (d), for “letters and numbers” there shall be substituted “port letters and port number”; and
d
in sub-paragraph (e), for “numbers” there shall be substituted “port number”.
23
In Schedule 4, paragraph 5:
a
in sub-paragraph (c), for “numbers” there shall be substituted “port number”;
b
for sub-paragraph (r) there shall be substituted:
r
maximum continuous engine power in kilowatts, or, if the owner notifies the Registrar of a modification, permanently de-rated engine power in kilowatts,
; and
c
after sub-paragraph (s) there shall be added:
t
number of cylinders,
u
number of engines,
v
number of revolutions per minute,
w
modification explanation.
.
24
In Schedule 4, for paragraph 6(d) there shall be substituted:
d
the unique number allocated to the ship for identification purposes by its primary register,
.
25
In Schedule 5, paragraph 2:
a
in sub-paragraph (d)(ii), for “number within that port” there shall be substituted “port number”;
b
for sub-paragraph (d)(xiii) there shall be substituted:
xiii
maximum continuous engine power, in kilowatts, or if the owner notifies the Registrar of a modification, permanently de-rated engine power in kilowatts,
; and
c
after sub-paragraph (d)(xv) there shall be added:
xvi
modification explanation
.
26
In Schedule 5, for paragraph 3(b) there shall be substituted:
b
the unique number allocated to the ship for identification purposes by its primary register,
.
PART II
TONNAGE
27
In regualtion 2(1) of the Merchant Shipping (Tonnage) Regulations 1997 , in the definition of “length overall”:
a
for “must be fixed in place” there shall be substituted “is fixed in place”; and
b
after “rubbing strips and fenders” there shall be added:
, other than where such functional arrangements are designed to replace any part of the hull that has been removed.
.
28
In regulation 2 of the Merchant Shipping (Fishing Vessels — Tonnage) Regulations 1988 , in the definition of “fixed permanent structure”:
a
for “must be fixed in place” there shall be substituted “is fixed in place”; and
b
after “rubbing strips and fenders” there shall be added:
, other than where such functional arrangements are designed to replace any part of the hull that has been removed.
.
Signed by authority of the Secretary of State
Keith Hill
Parliamentary Under Secretary of State
Department of the Environment, Transport and the Regions
30th November 1999


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Commission for Health Improvement (Membership and Procedure) Regulations 1999 and shall come into force on 1st November 1999.
2
In these Regulations —
“ the Act ” means the Health Act 1999;
“the 1977 Act ” means the National Health Service Act 1977;
“ the Assembly ” means the National Assembly for Wales established by section 1 of the Government of Wales Act 1998 ;
“ the Commission ” means the Commission for Health Improvement established by section 19 of the Act;
“ chairman ” means, unless the context otherwise requires, the chairman of the Commission;
“the health service” shall be construed in accordance with section 128(1) of the 1977 Act;
“health service body” means —
a Health Authority, Special Health Authority or NHS trust;
a Health Board or Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978 ; or the Scottish Dental Practice Board, the Common Services Agency for the Scottish Health Service or an NHS trust respectively constituted under sections 4, 10 and 12A of that Act;
the Dental Practice Board constituted under section 37(1) of the 1977 Act;
the Public Health Service Laboratory Board continued in being by section 5(4) and (5) of, and Schedule 3 to, the 1977 Act;
the National Radiological Protection Board established by section 1 of the Radiological Protection Act 1970 ;
“lay member” means a person who is not —
a holder of a paid appointment or office with any health service body;
a registered medical practitioner;
a person registered in the dentists register under the Dentists Act 1984 ;
a registered nurse, midwife or health visitor;
a pharmacist registered in the register of pharmaceutical chemists;
an ophthalmic optician, other than a body corporate enrolled in the list kept under section 9 of the Opticians Act 1989 ;
a person who is registered as a member of a profession to which the Professions Supplementary to Medicine Act 1960 extends;
a registered osteopath as defined by section 41 of the Osteopaths Act 1993 ; or
a registered chiropractor as defined by section 43 of the Chiropractors Act 1994 ;
“member” in relation to the Commission includes the chairman.
3
In these Regulations —
a
unless the context otherwise requires, any reference to a numbered regulation is a reference to the regulation bearing that number in these Regulations, and any reference in a regulation to a numbered paragraph is a reference to the paragraph bearing that number in the regulation; and
b
in relation to the member appointed by the Assembly under paragraph 4(b) of Schedule 2 to the Act, any reference to the Secretary of State, unless the context otherwise requires, is to be construed as a reference to the Assembly.
Number of members
2
The Commission shall have fourteen members, not less than eight of whom shall be lay members.
Appointment of members
3
1
Subject to regulation 7 (termination of tenure of office), the term of office of a member shall be such period, not exceeding four years, as the Secretary of State shall specify on making the appointment.
2
The Assembly may appoint the member for Wales only after consultation with the Secretary of State.
3
Subject to paragraph (2) and regulation 5 (disqualification for appointment), and article 5(1) of, and Schedule 2 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (consultation with the Assembly before the exercise of powers by the Secretary of State), a member shall, on termination of his office, be eligible for re-appointment.
Appointment of deputy-chairman
4
1
Subject to paragraph (2), the members may appoint one of the members, other than the chairman, to be deputy-chairman for such period, not exceeding the remainder of his term as a member, as they may specify on making the appointment.
2
Any member so appointed may at any time resign from the office of deputy-chairman by giving notice in writing to the chairman.
3
Where the chairman has died or has ceased to hold office, or where he is unable to perform his duties as chairman owing to illness, absence from England and Wales or any other cause, references to the chairman in the Schedule to these Regulations shall, so long as there is no chairman available to perform his duties, be taken to include references to the deputy-chairman.
Disqualification for appointment
5
1
Subject to regulation 6 (cessation of disqualification) a person shall be disqualified for appointment as a member if —
a
he has within the preceding five years been convicted in the United Kingdom, the Channel Islands or the Isle of Man 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
he has been adjudged bankrupt or has made a composition or arrangement with his creditors;
c
he has been dismissed, otherwise than by reason of redundancy, from any paid employment with a health service body;
d
he is a person whose tenure of office as the chairman or as a member or director of a health service body has been terminated on the grounds that —
i
it was not in the interests of, or conducive to the good management of, the body that he should continue to hold office,
ii
it was not in the interests of the health service that he should continue to hold office, or
iii
he failed, without reasonable cause, to attend any meeting of that body for a period of three months;
e
he has had his name removed, by a direction under section 46 of the 1977 Act (or any provision in force in Scotland or Northern Ireland corresponding to that provision), from any list prepared under Part II of that Act, and has not subsequently had his name included in such a list;
f
he is suspended as respects the provision of general medical services, general dental services, general ophthalmic services or pharmaceutical services under the 1977 Act by a direction of the Tribunal constituted under section 46 of that Act made pursuant to section 49A(2) or section 49B(1) of that Act (or any provision in force in Scotland or Northern Ireland corresponding to those provisions);
g
he has been removed, or is suspended, from a register of members admitted to practice maintained under any of the following Acts —
i
the Pharmacy Act 1954 ;
ii
the Professions Supplementary to Medicine Act 1960 ;
iii
the Medical Act 1983 ;
iv
the Dentists Act 1984 ;
v
the Opticians Act 1989 ;
vi
the Osteopaths Act 1993 ;
vii
the Chiropractors Act 1994 ;
viii
the Nurses, Midwives and Health Visitors Act 1997 ;
h
he is a chairman or non-officer member of a Health Authority or Special Health Authority established under the 1977 Act, or a member of a committee or sub-committee of such an authority (other than an employee of that authority);
i
he is a chairman or a non-executive director of a National Health Service trust established under section 5(1) of the National Health Service and Community Care Act 1990 , or a member of a committee or sub-committee of such a trust (other than an employee of that trust); or
j
he is an employee of the Commission.
2
For the purposes of paragraph (1)(a), the date of conviction shall be deemed to be the date on which the ordinary period allowed for making an appeal or application with respect to the conviction expires or, if such an appeal or application is made, the date on which the appeal or application is finally disposed of or abandoned or fails by reason of its not being prosecuted.
3
For the purposes of paragraph (1)(c), a person shall not be treated as having been in paid employment by reason only of his having been the chairman or member or director of a health service body.
Cessation of disqualification
6
1
Where a person is disqualified under regulation 5(1)(b) by reason of having been adjudged bankrupt —
a
if the bankruptcy is annulled on the ground that he ought not to have been adjudged bankrupt or on the ground that his debts have been paid in full, the disqualification shall cease on the date of the annulment;
b
if he is discharged, the disqualification shall cease on the date of his discharge.
2
Where a person is disqualified under regulation 5(1)(b) by reason of his having made a composition or arrangement with his creditors —
a
if he pays his debts in full, the disqualification shall cease on the date on which such payment is completed; and
b
in any other case, it shall cease on the expiry of the period of five years beginning on the date on which the terms of the deed of composition or arrangement are fulfilled.
3
Subject to paragraph (4), where a person is disqualified under regulation 5(1)(c) he may, after the expiry of two years beginning on the date on which he was dismissed, apply in writing to the Secretary of State to remove the disqualification, and the Secretary of State may direct that the disqualification shall cease.
4
Where the Secretary of State refuses an application to remove a disqualification, no further application may be made by that person until the expiry of the period of two years beginning with the date of the application and this paragraph shall apply to any subsequent application.
5
Where a person is disqualified under regulation 5(1)(d), the disqualification shall cease on the expiry of the period of two years beginning on the date of the termination of his tenure of office or such longer period as the Secretary of State specifies when terminating his period of office but the Secretary of State may, on application being made to him by that person, reduce the period of disqualification.
Termination of tenure of office
7
1
A member may resign his office at any time during his term of office, by giving notice in writing to the Secretary of State.
2
Where during his term of office a member other than the chairman is appointed to be the chairman, his tenure of office as such a member shall terminate when his appointment as chairman takes effect.
3
Where the Secretary of State is of the opinion that it is not in the interests of the Commission or the health service that a member should continue to hold office, he may forthwith terminate his tenure of office by giving him notice in writing to that effect.
4
If a member fails to attend any meeting of the Commission for a period of three months the Secretary of State shall forthwith terminate that person’s tenure of office, unless he is satisfied that —
a
the absence was due to a reasonable cause; and
b
the person in question will be able to attend meetings of the Commission within such period as the Secretary of State considers reasonable.
5
Where a person has been appointed to be a member, and —
a
he becomes disqualified for appointment under regulation 5, the Secretary of State shall forthwith notify him in writing of such disqualification; or
b
it comes to the notice of the Secretary of State that at the time of his appointment he was so disqualified, he shall forthwith declare that the person in question was not duly appointed and notify him in writing to that effect,
and upon receipt of any such notification, his tenure of office, if any, shall be terminated and he shall cease to act as such a member.
6
If it appears to the Secretary of State that a member has failed to comply with regulation 10 (disability on account of pecuniary interest) he may forthwith terminate that person’s tenure of office by giving him notice in writing to that effect.
Appointment of committees and sub-committees
8
1
Subject to such directions as may be given by the Assembly, the Commission may, and if so directed by the Assembly must, appoint a committee whose functions are to —
a
consider matters relating to the exercise of the Commission’s functions in relation to Wales; and
b
advise the Commission on such matters.
2
Subject to such directions as may be given by the Secretary of State, the Commission may, and if so directed by him must, appoint other committees of the Commission.
3
A committee appointed under paragraph (1) or (2) may consist wholly or partly of members of the Commission or wholly of persons who are not members of the Commission.
4
A committee appointed under paragraph (1) or (2), subject to such directions as may be given by the Secretary of State, the Commission or, in the case of the committee referred to in paragraph (1), the Assembly, appoint sub-committees consisting wholly or partly of members of the committee (whether or not they are members of the Commission) or wholly of persons who are not members of the Commission or the committee.
5
Regulation 5, other than paragraph (1)(j), and regulation 6 apply to the appointment of members of committees and sub-committees appointed under this regulation as they apply to the appointment of members of the Commission.
Meetings and proceedings
9
1
The meetings and proceedings of the Commission shall be conducted in accordance with the rules set out in the Schedule to these Regulations and with Standing Orders made under paragraph (2).
2
Subject to those rules, to regulation 10 (disability on account of pecuniary interest) and to such directions as may be given by the Secretary of State, or, in the case of a committee appointed under regulation 8(1), the Assembly, the Commission shall make, and may vary or revoke, Standing Orders for the regulation of its proceedings and business, including provision for the suspension of the Standing Orders or any of them.
3
Subject to such directions as may be given by the Secretary of State, or, in relation to a committee appointed under regulation 8(1), the Assembly, the Commission may make, vary and revoke Standing Orders relating to the quorum, proceedings and place of meeting of any committee or sub-committee of the Commission but, subject to any such Standing Orders, the quorum, proceedings and place of meeting shall be such as the committee or sub-committee may determine.
4
The proceedings of the Commission shall not be invalidated by any vacancy in its membership or by any defect in a member’s appointment.
Disability of members in proceedings on account of pecuniary interest
10
1
Subject to the following provisions of this regulation, if a member has any pecuniary interest, direct or indirect, in any matter and is present at any meeting of the Commission at which the matter is the subject of consideration, he shall at the meeting and as soon as practicable after its commencement, disclose his interest and shall not take part in the consideration or discussion of the matter or vote on any question with respect to it.
2
The Secretary of State may, subject to such conditions as he may think fit to impose, remove any disability imposed by this regulation in any case in which it appears to him in the interests of the health service that the disability should be removed.
3
The Commission may, by Standing Orders made under regulation 9(2), provide for the exclusion of a member from a meeting of the Commission while any matter in which he has a pecuniary interest, direct or indirect, is under consideration.
4
Any remuneration, compensation or allowances payable to a member by virtue of paragraph 6 of Schedule 2 to the Act (remuneration and allowances) shall not be treated as a pecuniary interest for the purpose of this regulation.
5
Subject to paragraphs (2) and (6), the circumstances in which a member shall be treated for the purpose of this regulation as having an indirect pecuniary interest in a matter include —
a
if he, or a nominee of his, is a director of a company or other body, not being a public body, which has a direct pecuniary interest in the matter under consideration; or
b
if he is a partner of, or is in the employment of, a person who has a direct pecuniary interest in the matter under consideration,
and in the case of married persons living together the interest of one spouse shall, if known to the other, be deemed for the purpose of this regulation to be also an interest of the other.
6
A member shall not be treated as having a pecuniary interest in any matter by reason only —
a
of his membership of a company or other body if he has no beneficial interest in any securities of that company or other body; or
b
of an interest in any company, body or person with which he is connected as mentioned in paragraph (5) which is so remote or insignificant that it cannot reasonably be regarded as likely to influence him in the consideration or discussion of, or in voting on, any question with respect to that matter.
7
Where a member —
a
has an indirect pecuniary interest in a matter by reason only of a beneficial interest in securities of a company or other body;
b
the total nominal value of those securities does not exceed £5,000 or one-hundredth of the total nominal value of the issued share capital of the company or body, which ever is the lesser; and
c
if the share capital is of more than one class, the total nominal value of shares of any one class in which he has a beneficial interest does not exceed one-hundredth of the total issued share capital of that class,
this regulation shall not prohibit him from taking part in the consideration or discussion of the matter, or from voting on any question with respect to it, without prejudice however to his duty to disclose his interest.
8
This regulation applies to a committee or sub-committee as it applies to the Commission and applies to a member of any such committee or sub-committee (whether or not he is also a member of the Commission) as it applies to a member of the Commission.
9
In this regulation —
“public body” includes any body established for the purpose of carrying on, under national ownership, any industry or part of any industry or undertaking, the governing body of any university, university college or college, school or hall of a university and the National Trust for Places of Historic Interest or Natural Beauty incorporated by the National Trust Act 1907 .
“securities” means —
shares or debentures, whether or not constituting a charge on the assets of a company or other body, or rights of interests in any share or such debentures; or
rights (whether actual or contingent) in respect of money lent to, or deposited with, any industrial or provident society or building society;
“shares” means shares in the share capital of a company or other body or the stock of a company or other body.
Reports by the Commission
11
1
The Commission must provide the Assembly with such reports and information relating to the exercise of the Commission’s functions in relation to Wales as the Assembly may from time to time require.
Signed by authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
11th October 1999


text:
Commencement and citation
1
This Order may be cited as The A205 Trunk Road (Greenwich) Red Route Traffic Order 1998 Variation Order 1999, and shall come into force on 9th April 1999.
Variations
2
The A205 Trunk Road (Greenwich) Red Route Traffic Order 1998 is varied as provided by the following provisions of this Order.
3
In Schedule 4 item 14 is substituted as follows:
“14. from the western flank wall of No. 410 Westhorne Avenue, to the north-eastern kerb-line of the junction with A20 Sidcup Road (at Clifton’s roundabout)”.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
29th March 1999


text:
1
1
This Order may be cited as the Combined Probation Areas (Wiltshire) Order 1999.
2
This Order shall come into force on 1st January 2000 save that, for the purposes of making appointments to the probation committee for Wiltshire to take effect on that date, this Order shall come into force forthwith.
2
For that part of Schedule 2 to the Combined Probation Areas Order 1986 which relates to the Wiltshire area , there shall be substituted the following–
(1) (2) (3) Petty Sessions Area Probation Area Number of Justices on Probation Committee
North West Wiltshire Wiltshire 3 South East Wiltshire 3 Swindon 3
Paul Boateng
Minister of State
Home Office
9th December 1999


text:
Citation, commencement and interpretation
1
1
The Regulations may be cited as the Education (Substituted Grammar Schools) Regulations 1999 and shall come into force on 23rd August 1999.
2
In these Regulations–
a
“ the Act ” means the School Standards and Framework Act 1998;
b
“the Ballot Regulations ” means the Education (Grammar School Ballots) Regulations 1998 .
Designation of new grammar school
2
Where the Secretary of State is satisfied that–
a
a maintained school has been established in substitution for one or more discontinued schools each of which has or could have been designated as a grammar school (whether by virtue of section 104(1) of the Act or by virtue of this regulation); and
b
that the school will have or had selective admission arrangements at the beginning of the school year in which the school first admits pupils,
he may designate the school as a grammar school for the purpose of Chapter II of Part III of the Act.
Modifications to Ballot Regulations in relation to new grammar school
3
1
In this regulation–
a
“the new school” means the grammar school which has been designated as such by virtue of regulation 2;
b
“an old school” means any grammar school in substitution for which the new school has been established; and
c
“group of grammar schools” and “stand alone grammar school” have the same meaning as in the Ballot Regulations.
2
In relation to the new school the Ballot Regulations shall have effect with the modifications specified in paragraphs (3) to (5).
3
Where the new school was established in substitution for one or more old schools which formed part of a group of grammar schools the new school shall form part of the same group and accordingly shall be treated as specified (in relation to the appropriate group) in the middle column of Schedule 2 to the Ballot Regulations unless paragraph (4) applies.
4
Where–
a
the new school was established in substitution for one or more old schools which together formed the only schools in a group of grammar schools; or
b
the new school was established in substitution for a single grammar school,
the new school shall be a stand alone grammar school and accordingly shall be treated as specified in Schedule 3 to the Ballot Regulations.
5
For the purposes of regulation 6 of the Ballot Regulations the new school and any old school shall be treated as a single school.
Transitional Provisions
4
1
Where the new school is established after the date on which a petition is received by the designated body then for the purpose of determining whether the petition is a valid petition and for the purpose of any subsequent ballot, the new school and any old school shall be treated as a single school.
2
In this regulation “the new school” and “an old school” have the same meanings as in regulation 3.
Estelle Morris
Minister of State,
Department for Education and Employment
22nd July 1999


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Income Support (General) (Standard Interest Rate Amendment) (No. 5) Regulations 1999 and shall come into force on 20th June 1999.
2
These Regulations shall have effect in relation to any particular claimant–
a
in a case where income support is paid to the claimant in arrears in accordance with paragraph 7(1)(i) of Schedule 7 to the Claims and Payments Regulations (date when change of circumstances is to take effect)–
i
from the first day of the benefit week which includes 27th June 1999; or
ii
if the claim for income support is for a period commencing after 27th June 1999, from the first day of the first benefit week commencing after 20th June 1999;
b
in a case where income support is paid to the claimant in advance in accordance with paragraph 7(1)(ii) of Schedule 7 to the Claims and Payments Regulations, from the first day of the first benefit week commencing after 27th June 1999,
and for this purpose, the expressions “claimant” and “benefit week” have the same meanings as in regulation 2(1) of the Income Support Regulations (interpretation).
3
In these Regulations, “the Claims and Payments Regulations” means the Social Security (Claims and Payments) Regulations 1987 and “the Income Support Regulations ” means the Income Support (General) Regulations 1987 .
Amendment of Schedule 3 to the Income Support Regulations
2
In paragraph 12(1)(a) of Schedule 3 to the Income Support Regulations (standard rate of interest on qualifying loans), for the words “7.08 per cent.” there shall be substituted the words “6.66 per cent.”.
Revocation of the Income Support (General) (Standard Interest Rate Amendment) (No. 4) Regulations 1999
3
The Income Support (General) (Standard Interest Rate Amendment) (No. 4) Regulations 1999 are hereby revoked save that those Regulations shall continue to have effect until the day before the first day of the benefit week having effect in relation to any particular claimant for the purpose of regulation 1(2) of these Regulations.
Signed by authority of the Secretary of State for Social Security.
Angela Eagle
Parliamentary Under-Secretary of State,
Department of Social Security
20th May 1999


text:
Title, commencement and extent
1
These Regulations may be cited as the Bovines and Bovine Products (Trade) (Amendment) Regulations 1999, shall come into force on 30th June 1999 and shall extend to Great Britain.
Amendment of regulation 13 of the Bovines and Bovine Products (Trade) Regulations 1999
2
Regulation 13(2) of the Bovines and Bovine Products (Trade) Regulations 1999 shall be amended by substituting for the words “In respect of the preparation at the establishment of any export eligible goods, that” the words “The operator of an establishment approved under regulation 12 above shall ensure, in respect of the preparation at the establishment of any export eligible goods, that”.
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
28th May 1999
Sewel
Parliamentary Under-Secretary of State, Scottish Office
7th June 1999


text:
Citation and commencement
1
These Regulations may be cited as the Legal Aid in Criminal and Care Proceedings (Costs) (Amendment) Regulations 1999 and shall come into force on 1st April 1999.
Interpretation
2
In these Regulations a reference to any regulation or Schedule by number alone means the regulation or Schedule so numbered in the Legal Aid in Criminal and Care Proceedings (Costs) Regulations 1989 .
Transitional provisions
3
These Regulations apply to all proceedings in the Crown Court initiated by committal or otherwise on or after 1st April 1999, and the Legal Aid in Criminal and Care Proceedings (General) Regulations 1989 shall apply to all other proceedings as if these Regulations had not come into force.
Amendments to the Legal Aid in Criminal and Care Proceedings (Costs) Regulations 1989
4
In regulation 6 the following paragraphs shall be inserted after paragraph (4):–
5
In relation to hearings specified in paragraph (5A), work of the class specified in paragraph (1)(c) shall only be allowed in the following circumstances:–
a
if the legally assisted person is charged with an offence included in Class 1 or Class 2 as determined pursuant to section 75(2) of the Supreme Court Act 1981 ;
b
if the proceedings have been instituted or taken over by the Serious Fraud Office, or are before the Crown Court by reason of a notice of transfer given under section 4 of the Criminal Justice Act 1987 ;
c
if the legally assisted person was a child or a young person within the meaning of section 107 of the Children and Young Persons Act 1933 at the time when the Crown Court acquired jurisdiction in the case (by committal, notice of transfer or otherwise);
d
if the legally assisted person was unable to understand the proceedings or give adequate instructions to his advocate because of his inadequate knowledge of English, mental illness or other mental or physical disability;
e
if the legally assisted person was likely if convicted to receive a custodial sentence, or
f
if the case has been certified as requiring attendance for the whole or any part of the hearing pursuant to regulation 54B of the Legal Aid in Criminal and Care Proceedings (General) Regulations 1989 .
5A
The following hearings in the Crown Court are specified for the purposes of paragraph (5): trials, hearings of cases listed for pleas of guilty following a pleas and directions hearing, sentencing hearings following committals for sentence and the hearing of appeals against conviction or sentence.
5B
The circumstance referred to in paragraph (5)(e) shall only justify the allowing of attendance on
a
a day of a trial on which it was reasonably expected that the legally assisted person would be sentenced if convicted, and
b
if different, the day on which the legally assisted person was in fact sentenced;
and where a doubt arises whether attendance should be allowed by reason of that circumstance, the doubt shall be resolved in the assisted person’s favour.
5C
The circumstance referred to in paragraph (5)(f) shall only justify the allowing of attendance to the extent specified in the certificate.
.
5
The following sub-paragraph shall be inserted after paragraph 1A of Part I of Schedule 1:–
1B
In relation to any hearing specified in regulation 6(5A), the fee specified in paragraph 1(1)(b) for attendance at court where counsel assigned shall only be payable in the circumstances and to the extent provided by regulation 6(5) to (5C).
.
6
The following sub-paragraph shall be inserted after paragraph 4(4) of Part II of Schedule 1:–
4A
In relation to any hearing specified in regulation 6(5A), the fee specified in the Table for attendance at court where counsel assigned shall only be payable in the circumstances and to the extent provided by regulation 6(5) to (5C).
.
7
In paragraph 4(10) of Part II of Schedule 1, the following shall be substituted for the words from “£30.00” to the end:–
a
£60.00 in a case which is prepared for trial, whether or not a trial takes place (£64.00 for a solicitor whose office is situated within legal aid area 1);
b
£30.00 in every other case (£32.00 for a solicitor whose office is situated within legal aid area 1).
.
8
The following paragraph shall be inserted after paragraph 19 of Schedule 3:–
19A
The additional fee set out in the Table following paragraph 21 shall be payable in respect of each day of the main hearing in any case mentioned in paragraph 2 on which the advocate appears unattended by an authorised litigator or representative.
.
9
The Table following paragraph 21 of Schedule 3 shall be amended as follows:–
a
the following entry shall be inserted immediately after the entry for “Listening to or viewing tapes etc. ”:–
Additional fee for unattended advocate, case within paragraph 2 19A 38.50 per day 38.50 per day 38.50 per day
b
in the existing entry for “Additional fee for unattended advocate”, after “advocate” there shall be inserted “, case within paragraph 3”.
Signed by authority of the Lord Chancellor
G.W. Hoon
Minister of State,
Lord Chancellor’s Department
Dated 4th February 1999
We consent
Bob Ainsworth
Jane Kennedy
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 10th February 1999


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Local Government Officers (Political Restrictions) (Amendment) Regulations 1999 and shall come into force on 1st April 1999.
2
The amendments made by regulation 2 shall apply only in respect of persons holding a politically restricted post under a local authority in England.
Amendment of Regulations
2
The Schedule to the Local Government Officers (Political Restrictions) Regulations 1990 is amended–
a
in paragraph 1, after sub-paragraph (a), by the insertion of–
aa
the Scottish Parliament;
ab
the Welsh Assembly;
;
b
after paragraph 1, by the insertion of–
1B
Where prior to 1st April 1999 an announcement has been made that the appointee is, or intends to be, a candidate for election as a member of the Scottish Parliament at the first ordinary general election for membership of that Parliament, the appointee shall not act, or continue to act, as such a candidate.
1C
Where prior to 1st April 1999 an announcement has been made that the appointee is, or intends to be, a candidate for election as a member of the Welsh Assembly at the first ordinary general election for membership of that Assembly, the appointee shall not act, or continue to act, as such a candidate.
; and
c
after paragraph 2, by the insertion of–
2B
Notwithstanding any contrary provision in his terms of appointment or his contract of employment, upon the appointee giving notice in writing to the local authority under which he holds his appointment that he wishes to resign his appointment because he intends to become, or to continue as, a candidate for election as a member of the Scottish Parliament at the first ordinary general election for membership of that Parliament, his appointment shall terminate forthwith.
2C
Notwithstanding any contrary provision in his terms of appointment or his contract of employment, upon the appointee giving notice in writing to the local authority under which he holds his appointment that he wishes to resign his appointment because he intends to become, or to continue as, a candidate for election as a member of the Welsh Assembly at the first ordinary general election for membership of that Assembly, his appointment shall terminate forthwith.
.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
10th March 1999


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


text:
Citation and commencement
1
These Regulations may be cited as the Housing Benefit (General) Amendment (No. 2) Regulations 1999 and shall come into force on 6th September 1999.
2
In these Regulations “the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 .
Insertion of regulation 2B into the Housing Benefit Regulations
3
Before regulation 3 of the Housing Benefit Regulations there shall be inserted the following regulation —
Cases in which section 1(1A) of the Administration Act is disapplied
2B
Section 1(1A) of the Administration Act (requirement to state national insurance number) shall not apply to housing benefit in a case where the person making a claim for that benefit, or in respect of whom that benefit is claimed, is liable to make payments in respect of a dwelling which is a hostel.
Amendment of regulations 2 and 12A of the Housing Benefit Regulations
4
The definition of “hostel” in paragraph (8) of regulation 12A of the Housing Benefit Regulations (requirement to refer to rent officers) shall apply generally to those Regulations and in consequence shall be inserted in the appropriate place in regulation 2 of the Housing Benefit Regulations (interpretation) and shall be omitted from paragraph (8) of regulation 12A of the Housing Benefit Regulations.
Alistair Darling
Secretary of State for Social Security
2nd September 1999


text:
1
This Order may be cited as the Inheritance Tax (Indexation) Order 1999.
2
The amounts which, unless Parliament otherwise determines, will be treated by virtue of section 8 of the Inheritance Tax Act 1984 as specified in the Table in Schedule 1 to that Act in relation to chargeable transfers on or after 6th April 1999 are as follows —
TABLE OF RATES OF TAX
Portion of value Rate of tax Lower Limit Upper Limit Per cent.
£ £ 0 231,000 NIL 231,000 — 40
David Jamieson
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
9th March 1999


text:
1
This Order may be cited as the Bilston Community College (Dissolution) Order 1999, and shall come into force on 1st October 1999.
2
On 1st October 1999 the corporation shall be dissolved and all of its property, rights and liabilities shall be transferred to Wulfrun College, Wolverhampton or to the Further Education Funding Council for England, as is provided in (a) and (b) below:
a
all of the corporation’s property and rights shall be transfered to Wulfrun College, Wolverhampton, excepting the property and rights specified in Schedule 1 to this Order, which shall be transferred to the Further Education Funding Council for England; and
b
all of the corporation’s liabilities shall be transferred to the Further Education Funding Council for England, excepting the liabilities specified in Schedule 2 to this Order, which shall be transferred to Wulfrun College, Wolverhampton.
3
Section 26(2), (3) and (4) of the Act shall apply to any person employed by the corporation immediately before 1st October 1999 as if the references in that section —
a
to a person to whom that section applies were to a person so employed;
b
to the operative date were to 1st October 1999;
c
to the transferor were to the corporation; and
d
to the corporation were to Wulfrun College, Wolverhampton.
Tessa Blackstone
Minister of State,
Department for Education and Employment
10th September 1999


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the School Standards and Framework Act 1998 (School Attendance Targets) (Modification) Regulations 1999, and shall come into force on 16th February 1999.
2
In these Regulations “the 1998 Act ” means the School Standards and Framework Act 1998.
3
A reference in these Regulations to a county, voluntary, maintained special, grant-maintained or grant-maintained special school shall be construed in accordance with the Education Act 1996 .
Modification of section 63 of the 1998 Act
2
Until 1st September 1999 section 63 of the 1998 Act shall have effect as if the references in that section to a maintained school were references to–
a
a county, voluntary or maintained special school, or
b
a grant-maintained or grant-maintained special school.
Charles Clarke
Parliamentary Under Secretary of State,
Department for Education and Employment
21st January 1999


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Disability Discrimination (Description of Insurance Services) Regulations 1999 and shall come into force on 17th August 1999.
2
In these regulations “employees” means the employer’s employees or a class of his employees.
Description of insurance services
2
1
Group Insurance within the meaning of paragraph (2) below is prescribed as a service for the purpose of section 18(3) of the Act.
2
“Group Insurance” means an arrangement entered into between an insurer and an employer under which the insurer provides benefits to employees and under which all of the functions described in paragraph (3) below are either–
a
under the terms of the arrangement, solely exercisable by the insurer; or
b
in practice, solely exercised by the insurer.
3
The functions mentioned in sub-paragraph (2) are–
a
the function of determining the criteria which employees will be required to meet in order to be eligible to receive benefits under the arrangement;
b
the function of determining the extent of the provision, or the terms and conditions affecting the provision, of those benefits to eligible employees; and
c
the function of determining the effect in individual cases of the application of the criteria for eligibility or the terms and conditions for receipt of benefits.
Margaret Hodge
Parliamentary Under Secretary of State,
Department for Education and Employment
26th July 1999


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Avon Valley) Designation (Amendment) Order 1999 and shall come into force on 15th June 1999.
Interpretation
2
In this Order, “the principal Order ” means the Environmentally Sensitive Areas (Avon Valley) Designation Order 1993 .
Amendment of the principal Order
3
In Schedule 2 to the principal Order (management activities), in item 5 of Part I (in column 2), for “275” there shall be substituted “295”.
Saving
4
Article 3 shall not have effect for the purposes of any payment to be made under the principal Order in respect of any period before 1st May 1999.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
12th May 1999
We consent,
Jane Kennedy
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
13th May 1999


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Distraint by Authorised Officers (Fees, Costs and Charges) Regulations 1999 and shall come into force on 20th April 1999.
2
In these Regulations —
a
“authorised officer” means an officer of the Secretary of State authorised by him for the purposes of section 121A of the Social Security Administration Act 1992;
b
“close possession” means physical possession by the distrainor or a person acting on his behalf of the goods and chattels distrained;
c
“total sum certified” means the total amount of any contributions, or interest or penalty in respect of contributions, which an authorised officer certifies a person is liable to pay to the Secretary of State in accordance with section 118(1) of the Social Security Administration Act 1992 ;
d
“walking possession” means possession in accordance with an agreement between the distrainor and the distrainee whereby, in consideration of the distrainor not remaining in close possession, the distrainee undertakes not to dispose of the goods distrained or any part thereof, or permit their removal by any person not authorised by the distrainor to remove them.
Ascertainment of fees, costs and charges
2
The fees chargeable on or in connection with the levying of distress and the costs and charges recoverable where distress has been levied shall be those specified in the Schedule to these Regulations, but subject to any provision of that Schedule.
Deduction of fees, costs and charges by an authorised officer
3
The fees, costs and charges specified in the Schedule to these Regulations shall be deducted by the authorised officer from the sums received on or in connection with the levying of distress or where distress has been levied.
Disputes as to fees, costs and charges
4
1
In the case of dispute as to any fees chargeable, or costs and charges recoverable under the Schedule to these Regulations, the amount of those fees, costs and charges shall be taxed.
2
Such a taxation shall be carried out by the district judge of the county court for the district in which the distress is or is intended to be levied, and he may give such directions as to the costs of the taxation as he thinks fit.
Signed by authority of the Secretary of State for Social Security.
Stephen C. Timms
Minister of State,
Department of Social Security
25th March 1999


text:
1
This Order may be cited as the European Communities (Definition of Treaties) (Economic Partnership, Political Coordination and Cooperation Agreement between the European Community and its Member States and the United Mexican States) Order 1999. It shall come into force in respect of the treaty specified in the Schedule to this Order on the date on which the treaty enters into force for the United Kingdom. This date will be notified in the London, Edinburgh and Belfast Gazettes.
2
The treaty specified in the Schedule to this Order is to be regarded as a Community Treaty as defined in section 1(2) of the European Communities Act 1972.
A.K. Galloway
Clerk of the Privy Council


text:
Citation and interpretation
1
1
This Order may be cited as the School Standards and Framework Act 1998 (Commencement No. 6 and Saving and Transitional Provisions) Order 1999.
2
In this Order–
“the 1996 Act ” means the Education Act 1996 ; and
“the 1998 Act ” means the School Standards and Framework Act 1998.
Commencement of the 1998 Act
2
1
The provisions of the 1998 Act specified in Schedule 1 to this Order shall come into force on 1st April 1999.
2
The provisions of the 1998 Act specified in Schedule 2 to this Order shall come into force on 1st June 1999.
3
The provisions of the 1998 Act specified in Schedule 3 to this Order shall come into force on 1st September 1999.
Transitional and savings
3
The amendment of section 49(3) of the Education (No. 2) Act 1986 (appraisal of performance of teachers) by paragraph 14 of Schedule 30 to the 1998 Act shall only apply in relation to regulations under the said section 49 which are made to come into effect on or after 1st September 1999 and shall not affect the operation prior to that date of regulations made under that section in its unamended form.
4
Section 216(5) to (8) of the 1996 Act shall continue to have effect on and after 1st April 1999 in relation to grant paid under section 216(2) or (4) before that day.
5
Section 310 of the 1996 Act shall continue to have effect in relation to financial years commencing on or before 1st April 1998.
6
The transitional and saving provisions in Schedule 4 to this Order (relating to the admission of children to maintained schools) shall have effect.
Amendment of the Commencement No. 2 Order
7
Paragraph 5 (school inspection) of Schedule 2 to the School Standards and Framework Act 1998 (Commencement No. 2 and Supplemental, Saving and Transitional Provisions) Order 1998 shall be amended by the substitution for “1st August 1999” of the words “1st January 2000 in relation to the Chief Inspector of Schools in England or 1st August 2000 in relation to the Chief Inspector of Schools in Wales”.
Coming into force of codes of practice
8
The Code of Practice on School Admissions under section 84 of the 1998 Act shall come into force on 1st April 1999.
9
The Code of Practice on LEA-School Relations under section 127 of the 1998 Act shall come into force on 19th April 1999.
Estelle Morris
Minister of State,
Department for Education and Employment
29th March 1999


text:
1
1
These Regulations may be cited as the Education (School Day and School Year) (England) Regulations 1999 and shall come into force on 23rd December 1999.
2
These Regulations shall apply only in relation to England.
3
Regulation 10 of the Education (Schools and Further Education) Regulations 1981 is hereby revoked.
2
In these Regulations —
“school” means a school maintained by a local education authority, or a special school not maintained by a local education authority; and
“school year” means the period beginning with the first school term to begin after July and ending with the beginning of the first such term to begin after the following July.
3
1
Subject to paragraph (5), every day on which a school meets shall be divided into two sessions which shall be separated by a break in the middle of the day unless exceptional circumstances make this undesirable.
2
At least 380 sessions shall be held at a school during any school year so however that nothing in this paragraph shall require a nursery class to meet for that number of sessions.
3
Where at any time a school is prevented from meeting for one or more sessions for which it was intended that it should meet, and it is not reasonably practicable for arrangements to be made for it to meet at an alternative time for those sessions, the school shall be treated for the purposes of paragraph (2) as if it had met as intended.
4
Subject to paragraph (5), on every day on which a nursery school or nursery class meets there shall be provided at least three hours of suitable activities:
Provided that on a day on which a pupil —
attends a nursery class which meets for only a single session; or
attends a nursery school or class for one only of two sessions,
it shall be sufficient to provide him with one and a half hours of suitable activities.
5
In a school which meets on six days a week there may on two of those days be only a single session and, in relation to a day on which there is only a single session, paragraph (4) shall have effect as if the period of three hours there mentioned were a period of one and a half hours.
4
1
Where a school session in the 1999 — 2000 school year is devoted wholly or mainly to the provision to teachers employed at that school of training to which this paragraph applies, that session shall be regarded for the purposes of regulation 3 as a session on which that school has met.
2
Where a school session in the 2000 — 2001 school year is devoted wholly or mainly to the provision to teachers employed at that school of training to which this paragraph applies, that session shall be regarded for the purposes of regulation 3 as a session on which that school has met.
3
Paragraph (1) shall apply only in relation to sessions on or after 1st January 2000, and neither paragraph (1) nor paragraph (2) shall have effect in relation to more than two school sessions.
4
Paragraphs (1) and (2) apply to training related to the appraisal of school teachers, the school teachers' pay system or school staffing structures.
Estelle Morris
Minister of State
Department for Education and Employment
26th November 1999


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Teachers' Pensions (Amendment) Regulations 1999.
2
Except for regulations 6 and 7 these Regulations shall come into force on 1st April 1999.
3
Regulations 6 and 7 shall come into force on 1st September 1999.
4
In these Regulations “the principal regulations” means the Teachers' Pensions Regulations 1997 .
Amendment of Principal Regulations
2
The principal regulations shall be amended in accordance with regulations 3 to 8.
3
In regulation A3 after paragraph (3) there shall be inserted the following paragraph–
4
During the period beginning on 1st April 1999 and ending immediately before 1st September 1999 a grant-maintained or grant-maintained special school shall, for the purposes of this regulation, be treated as a school maintained by a local education authority.
.
4
In regulation G4–
a
for the first paragraph there shall be substituted–
1
The Government Actuary shall, from time to time, make an actuarial inquiry reporting on the position in relation to the account as at the date determined in relation to the inquiry by the Secretary of State (“the inquiry reference date”).
1A
In making a determination under paragraph (1) the Secretary of State shall secure that–
a
the inquiry reference date for the first inquiry is no later than 31st March 2001; and
b
the inquiry reference date for each subsequent inquiry is no later than 5 years after the inquiry reference date for the previous inquiry.
;
b
in paragraph (2) for “as soon as practicable after the end of the financial year in question” there shall be substituted “as soon as practicable after the inquiry reference date”;
c
for paragraph (3) there shall be substituted the following paragraph–
3
The report is to specify the percentage of the contributable salaries of persons entering pensionable employment on the day after the inquiry reference date at which contributions should be paid, during the period beginning and ending on days (following the date of the report) determined by the Secretary of State (“the relevant period”) so as to defray the cost of the payments of the kinds described in regulation G3(a) to (f) that are likely to be made in respect of them.
;
d
in paragraphs (7) and (8) for “beginning on 1st April following the date of the report” there shall be substituted “beginning on the first day of the relevant period.”; and
e
after paragraph (9) there shall be inserted the following paragraph–
9A
Any determination made by the Secretary of State for the purpose of this regulation shall be made with the consent of the Treasury.
.
5
In regulation G5(2) “starting on the 1st April” shall be omitted.
6
In Schedule 1 the definition of “grant-maintained special school” shall be omitted.
7
In Schedule 2 the following provisions shall be omitted–
a
in paragraph 2 the words “which is not a grant-maintained special school or”;
b
in paragraph 3 the words “or a funding authority within the meaning of section 26 of the 1996 Act”; and
c
paragraph 4.
8
In paragraph 9 of Schedule 15 in sub-paragraph (2)(a) and (b) for “starting on 1st April next following the 1996 report ” there shall be substituted “starting on 1st April 2000”.
Modification of provisions relating to actuarial inquiry as at 31st March 1996
9
1
In this regulation–
“ old regulation G4 ” means regulation G4 of the Teachers' Superannuation (Consolidation) Regulations 1988 before the substitution effected by Schedule 1 to the Teachers' Superannuation (Amendment) Regulations 1997 ;
“ substituted regulation G7 ” means regulation G7 of the Teachers' Superannuation (Consolidation) Regulations 1988 after the substitution effected by Schedule 1 to the Teachers' Superannuation (Amendment) Regulations 1997; and
“the 1996 report” means the report on the actuarial inquiry (including the alternative actuarial inquiry referred to in substituted regulation G7) in relation to the Teachers' Pension Account as at the end of the financial year ending with 31st March 1996.
2
In its application (by virtue of paragraph 7 of Schedule 15 to the principal regulations) to the 1996 report old regulation G4 shall have effect as if for paragraph (3) there were substituted the following paragraph–
3
The report is to specify the percentage of the contributable salaries of persons entering pensionable employment on the first day of the next financial year at which contributions should be paid during the period beginning on 1st April 2000 and ending on a date determined by the Secretary of State with the consent of the Treasury (“the relevant period”), so as to defray the cost of the payments of the kinds described in regulation G3(a) to (e) that are likely to be made in respect of them.
.
3
In its application (by virtue of paragraph 7 of Schedule 15 to the principal regulations) to the 1996 report and the employers' contributions arising from that report, substituted regulation G7 shall have effect as if–
a
for paragraph (3) there were substituted the following paragraph–
3
The report is to specify the percentage of contributable salaries of persons entering pensionable employment on the first day of the next financial year at which contributions should be paid during the period beginning on 1st April 2000 and ending on a date determined by the Secretary of State with the consent of the Treasury (“the relevant period”) so as to defray the cost of the payments of the kinds described in regulation G6(a) to (f) that are likely to be made in respect of them.
;
b
in paragraphs (7) and (8) for “beginning on 1st April next following the date of the report” there were substituted “beginning on 1st April 2000”; and
c
in paragraph (10) for “beginning on 1st April next following the date of the 1996 Report” there were substituted “beginning on 1st April 2000”.
Charles Clarke
Parliamentary Under Secretary of State,
Department for Education and Employment
2nd March 1999
We consent,
Jim Dowd
Clive Betts
Two of the Lords Commissioners of Her Majesty’s Treasury
5th March 1999


text:
Citation and commencement
1
These Regulations may be cited as the Transport of Dangerous Goods (Safety Advisers) Regulations 1999 and shall come into force —
a
for the purposes of regulation 4 on 31st December 1999; and
b
for all other purposes on 1st March 1999.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“Approved Carriage List” means the list described in regulation 4(1)(a) of the CDGCPL Regulations as revised in accordance with regulation 4(2) of those Regulations;
“the CDGCPL Regulations” means the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996 ;
“the CDG Road Regulations ” means the Carriage of Dangerous Goods by Road Regulations 1996 ;
“dangerous goods” has the meaning assigned to it in regulation 2(1) of the CDGCPL Regulations;
“ the Directive ” means Council Directive 96/35/ EC on the appointment and vocational qualification of safety advisers for the transport of dangerous goods by road, rail and inland waterway ;
“explosives” has the meaning assigned to it in regulation 2(1) of the CDGCPL Regulations;
“factory” has the meaning assigned to it by section 175 of the Factories Act 1961 ;
“harbour area” has the meaning assigned to it in regulation 2(1) of the Dangerous Substances in Harbour Areas Regulations 1987 ;
“inland waterway” includes rivers, their estuaries and adjoining harbours, canals and lakes, but does not include an inland waterway which is not connected to the inland waterways of a member State;
“member State” means a State (other than the United Kingdom) which is a member of the Communities;
“military establishment” means an establishment intended for use for naval, military or air force purposes or the purposes of the department of the Secretary of State having responsibility for Defence;
“mine” and “quarry” have the meanings assigned to them by section 180 of the Mines and Quarries Act 1954 ;
“radioactive material” has the meaning assigned to it by section 1(1) of the Radioactive Material (Road Transport) Act 1991 ;
“railway” means a system of transport employing parallel rails which provide support and guidance for vehicles carried on flanged wheels, except any such system which —
is a tramway within the meaning of section 67(1) of the Transport and Works Act 1992 ; or
is wholly operated within a factory, harbour area, military establishment, mine or quarry;
“railway vehicle” means any conveyance which is used for the transport of dangerous goods on a railway;
“road” means —
in relation to England and Wales, a road within the meaning of section 192(1) of the Road Traffic Act 1988 ; and
in relation to Scotland, a road within the meaning of the Roads (Scotland) Act 1984 ;
“road vehicle” means any conveyance used for the transport of dangerous goods by road;
“safety adviser” means an individual appointed for the purposes of these Regulations and holding a valid vocational training certificate;
“tank” has the meaning assigned to it in regulation 2(1) of the CDGCPL Regulations;
“ UN number” means United Nations Serial Number, that is to say, one of the four digit numbers devised by the United Nations and specified in the Approved Carriage List as a means of identification for dangerous goods, and any reference to the letters “UN” followed by a number, in relation to certain dangerous goods, means the particular UN number for those goods specified in the Approved Carriage List;
“vehicle” means a road vehicle or a railway vehicle;
“vehicle owned by the armed forces” means a vehicle which is owned by —
Her Majesty’s Forces;
a visiting force within the meaning of Part I of the Visiting Forces Act 1952 ; or
any headquarters or organisation designated for the purposes of the International Headquarters and Defence Organisations Act 1964 , and includes a vehicle which has been provided to the armed forces under any agreement or arrangement under which payments are, or are to be, made for the provision of the vehicle, including a conditional-sale agreement, a credit-sale agreement, a hire purchase agreement and a contract for sale;
“vehicle under the control of the armed forces” means —
a vehicle on board which there is, as a member of its crew —
a member of Her Majesty’s Forces,
a member of a visiting force within the meaning of any of the provisions of Part I of the Visiting Forces Act 1952, or
a civilian who is an employee of Her Majesty’s Forces,
acting in the course of his duties; or
a vehicle in a convoy escorted by a vehicle of the type referred to in sub-paragraph (a) of this definition;
“vocational training certificate” has the meaning assigned to it by regulation 7(1).
2
For the purposes of these Regulations —
a
a combination of a motor vehicle and a trailer or semi-trailer shall be deemed to be a single vehicle for as long as the constituent parts of such a combination remain attached; and
b
dangerous goods contained in different constituent parts of such a vehicle shall accordingly be considered to be contained in the same vehicle,
and in this paragraph “motor vehicle” shall have the same meaning as in the Table contained in regulation 3(2) of the Road Vehicles (Construction and Use) Regulations 1986 .
3
Any reference in these Regulations to the transport of dangerous goods is a reference to —
a
the transport;
b
the related loading; or
c
the related unloading,
of dangerous goods.
4
Unless the context otherwise requires, any reference in these Regulations to —
a
a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered; and
b
a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which the reference appears.
Application
3
1
These Regulations shall apply to a self-employed person as they apply to an employer.
2
Subject to the provisions of Schedule 1, these Regulations shall apply to and in relation to the transport of dangerous goods by road, railway and inland waterway.
Duty to appoint safety advisers
4
1
No employer shall transport dangerous goods by road, railway or inland waterway unless —
a
he has appointed an individual as a safety adviser for the purpose of advising him as to health, safety and environmental matters in connection with the transport of those dangerous goods by the mode or modes of transport concerned; and
b
that safety adviser has functions and duties which relate to that mode of transport and those goods.
2
A self-employed person may appoint himself as a safety adviser under paragraph (1).
3
Where an employer appoints more than one individual in accordance with paragraph (1), he shall make arrangements for ensuring adequate co-operation between them.
4
The employer shall ensure that the number of individuals appointed under paragraph (1) is sufficient to ensure that their functions and duties can be carried out effectively.
5
The employer shall ensure that the time available for any safety adviser whom he appoints and the means at his disposal to fulfil his functions and duties are adequate having regard to those functions and duties.
6
The employer shall provide any safety adviser whom he appoints with adequate information and facilities for the performance of his functions and duties.
7
Where two or more individuals are together carrying on business in partnership, it shall be sufficient compliance with paragraph (1) if one of those individuals complies with paragraph (1) and each partner shall ensure that a safety adviser has been appointed by one of those individuals in accordance with paragraph (1).
Functions and duties of safety advisers
5
1
Subject to regulation 7(10), a safety adviser shall, for the period of his appointment, have such functions as are necessary to enable him to achieve the purpose referred to in regulation 4(1), including those functions set out in Schedule 2, in connection with the transport of dangerous goods by the employer who has appointed him.
2
A safety adviser shall ensure the preparation of a report on any accident which affects the health or safety of any person or causes damage to the environment or to property and which occurs during the transport of dangerous goods by the employer who has appointed him.
3
The safety adviser shall provide a copy of the report referred to in paragraph (2) to the employer who has appointed him.
Keeping of reports
6
The reports referred to in regulation 5(2) and paragraph (c) of Schedule 2 shall be kept by the employer for a minimum of 5 years.
Vocational training certificates
7
1
No employer shall appoint or continue the appointment of an individual to be a safety adviser unless that individual holds a valid certificate (in these Regulations referred to as a “vocational training certificate”) issued by the Secretary of State or by a person designated by the Secretary of State for the purpose of issuing vocational training certificates.
2
An individual may only be issued with a vocational training certificate in accordance with paragraph (1) where he has —
a
completed training; and
b
passed an examination which has been approved in writing by the Secretary of State.
3
Each vocational training certificate issued in accordance with paragraph (1) shall be in the form set out in Schedule 3.
4
Each vocational training certificate issued in accordance with paragraph (1) shall be valid for a period of 5 years from the date of issue.
5
Where, within the period of 12 months which precede the expiry of the certificate referred to in paragraph (4) or of any extension of it granted in accordance with this paragraph, the holder can show to the satisfaction of the Secretary of State that he has passed an examination which has been approved in writing by the Secretary of State, the validity of that certificate shall be extended by the Secretary of State for a period of 5 years.
6
The training referred to in paragraph (2)(a) shall include the risks inherent in the transport of dangerous goods, the requirements of the relevant statutory provisions insofar as they relate to the transport of dangerous goods, the duties of a safety adviser pursuant to regulation 5(2) and (3), and the functions of a safety adviser as set out in Schedule 2.
7
The examinations referred to in paragraphs (2)(b) and (5) shall include the subjects specified in Schedule 4.
8
The training and examination referred to in paragraph (2) and the examination referred to in paragraph (5) shall relate to —
a
one or more of the following modes of transport —
i
road,
ii
railway,
iii
inland waterway; and —
b
the transport of —
i
all dangerous goods, or
ii
one or more of the following groups of dangerous goods, namely —
aa
explosives,
bb
gases,
cc
radioactive material,
dd
UN 1202 DIESEL FUEL or GAS OIL or HEATING OIL, LIGHT, flash point ≤61°C
UN 1203 PETROL or MOTOR SPIRIT or GASOLINE
UN 1223 KEROSENE includes aviation jet A1 fuel,
ee
all dangerous goods except those goods listed in paragraphs (aa) to (cc) above.
9
Where the training and examination are limited to one or more of the modes of transport or groups of dangerous goods referred to in paragraph (8)(a) and (b)(ii) respectively, that limitation shall be clearly indicated on the vocational training certificate issued in accordance with paragraph (1).
10
Where the vocational training certificate held by a safety adviser in accordance with paragraph (1) indicates that it has been limited, in accordance with paragraph (9), to one or more of the specified modes of transport or to one or more of the specified groups of dangerous goods, the functions and duties of that safety adviser shall be limited to —
a
the mode or modes of transport indicated on that certificate;
b
the group or groups of dangerous goods indicated on that certificate; and
c
goods which appear in or have a classification which is specified in column 1 of Schedule 3 to the CDGCPL Regulations insofar as those goods are —
i
within the packing group, if any, specified in the corresponding entry in column 2 of that Schedule, and
ii
contained in individual receptacles containing quantities not exceeding those specified in the corresponding entry in column 3 of that Schedule (or, in the case of a gas, contained in individual receptacles not exceeding the volumes specified in that column),
provided that the total gross mass of any package containing any receptacles such as are referred to above shall not exceed 30 kilogrammes, and in this paragraph “classification”, “package”, “packing group” and “receptacle” shall have the meanings assigned to them in regulation 2(1) of the CDGCPL Regulations.
Mutual recognition of vocational training certificates
8
Any current certificate in the form set out in Schedule 3 which is held by a safety adviser and which was issued to him by a competent authority under national provisions giving effect to the Directive shall be deemed to be a vocational training certificate issued in accordance with regulation 7 and, where that certificate indicates that it is limited to one or more modes of transport or to one or more groups of dangerous goods or to both, shall be so limited, and in this regulation “competent authority” means the authority appointed or body designated, in a member State or in Northern Ireland, for the purposes of issuing vocational training certificates in accordance with Article 5 of the Directive.
Information to be provided to the Secretary of State or goods vehicle examiners
9
1
Any employer who is required by these Regulations to appoint a safety adviser shall when requested to do so by the Secretary of State or by any goods vehicle examiner inform him of the name of that adviser.
2
Every employer shall when requested to do so by the Secretary of State or by any goods vehicle examiner provide him with a copy of any accident and annual reports which have been prepared in accordance with regulation 5(2) or paragraph (c) of Schedule 2 respectively.
3
A safety adviser shall on request produce to any goods vehicle examiner the relevant certificate he holds in accordance with regulation 7.
4
In this regulation, “goods vehicle examiner” has the meaning assigned to it by section 66A of the Road Traffic Act 1988 .
Exemptions
10
1
Subject to paragraph (2), the Health and Safety Executive may, by a certificate in writing, exempt any person or class of persons from all or any of the requirements or prohibitions imposed by these Regulations and any such exemption may be granted subject to conditions and to a limit of time and may be revoked by the Health and Safety Executive at any time by a further certificate in writing.
2
The Health and Safety Executive shall not grant any exemption under paragraph (1) unless having regard to the circumstances of the case and in particular to —
a
the conditions, if any, which it proposes to attach to the exemption; and
b
any other requirements imposed by or under any enactments which apply to the case,
it is satisfied that neither the health and safety of persons who are likely to be affected by the exemption nor the environment will be prejudiced in consequence of it.
3
The Secretary of State having responsibility for Defence may, in the interests of national security, by a certificate in writing, exempt any person from all or any of the requirements or prohibitions imposed by these Regulations insofar as they relate to the transport of any dangerous goods in or on —
a
any vehicle owned by the armed forces; or
b
any vehicle under the control of the armed forces,
and any such exemption may be granted subject to conditions and to a limit of time and may be revoked at any time by the said Secretary of State by a further certificate in writing.
Amendments to the CDGCPL Regulations
11
In the CDGCPL Regulations —
a
in paragraph (4) of regulation 3, after the words “at work,” insert “or carried or intended to be carried at work,”;
b
at the end of sub-paragraph (c) of regulation 4(1), insert the words “and of aerosols”;
c
at the end of regulation 14, add the words “and for the purposes of this regulation, in determining whether a further periodic examination is overdue, no account shall be taken of any period when the transportable pressure receptacle is being carried for the sole purpose of such examination”; and
d
in regulation 19(5), for sub-paragraph (b) substitute the following sub-paragraph —
b
paragraphs 3(2), 4(1), (2) and (4), 5 and 10(2) of Schedule 8; and
.
Amendments to the CDG Road Regulations
12
In the CDG Road Regulations —
a
in sub-paragraph (f) of regulation 2(3), at the end add the words “other than a liquid in which a compressed gas is dissolved”;
b
in sub-paragraph (a) of regulation 2(4), for the words “each package whose” substitute “dangerous goods in each receptacle where that” and for the words “package concerned” substitute “receptacle concerned”;
c
for the Note to Table 1 of Schedule 1, substitute the following paragraph —
The transport categories in column 2 appear in descending order from 0 (highest) to 4 (lowest).;
d
in the heading to column 2 of Table 2 of Schedule 1, for the words “ Individual package mass or volume ” substitute “ Mass or volume of individual article or receptacle ”;
e
for the Notes to Table 2 of Schedule 1, substitute the following paragraphs —
1
The numbers in —
a
column 2 relate to the mass or volume of dangerous goods, determined in accordance with regulation 2(3);
b
column 3 relate to the total mass or volume of packaged dangerous goods, determined in accordance with regulation 2(4)(a), as applied in accordance with regulation 2(5);
c
column 4 relate to the total mass or volume of dangerous goods, determined in accordance with regulation 2(4)(b), as applied in accordance with regulation 2(5),
measured in units represented by —
d
the gross mass, measured in kg , of articles;
e
the net mass, measured in kg, of compressed gases dissolved in a solvent or the solvent in which compressed gases are dissolved, solids and liquefied gases; and
f
the nominal capacity, measured in litres, of any receptacle containing compressed gases (other than those dissolved in a solvent) and any receptacle containing liquids (other than those in which a compressed gas is dissolved).
2
For the purpose of calculating the total mass or volume of packaged dangerous goods or the total mass or volume of dangerous goods where the load comprises a mixture of liquids and solids, 1 kg gross or net mass shall equate to 1 litre.; and
f
for paragraph 8 of Schedule 2, substitute the following paragraph —
8
1
Subject to sub-paragraph (2), regulations 12(1) and 13 shall only apply to and in relation to the carriage of dangerous goods in a receptacle in any package where the mass or volume of dangerous goods in that receptacle exceeds the number specified in column 2 of Table 2 in Schedule 1 opposite the entry in column 1 of that Table for the appropriate transport category of those goods.
2
Where the dangerous goods are being carried in a receptacle which is a package, regulations 12(1) and 13 shall only apply to and in relation to the carriage of dangerous goods in any package where the mass or volume of that package exceeds the number specified in column 2 of Table 2 in Schedule 1 opposite the entry in column 1 of that Table for the appropriate transport category of those goods.
Amendment to the Carriage of Explosives by Road Regulations 1996
13
In paragraph 7 of Schedule 4 to the Carriage of Explosives by Road Regulations 1996 , after the words “Carriage of Dangerous Goods by Road Regulations 1996” insert “(as amended by the Transport of Dangerous Goods (Safety Advisers) Regulations 1999 ”.
Amendments to the Health and Safety (Fees) Regulations 1997
14
In the Health and Safety (Fees) Regulations 1997 —
a
after regulation 13 insert the following regulation —
Vocational training certificates under the Transport of Dangerous Goods (Safety Advisers) Regulations 1999
13A
1
An individual may only be issued with a vocational training certificate in accordance with paragraph (1) of regulation 7 of the Transport of Dangerous Goods (Safety Advisers) Regulations 1999 where a fee of the sum specified in Schedule 11A has been paid to the Secretary of State or the person designated by the Secretary of State for the purpose of issuing vocational training certificates.
2
The validity of a vocational training certificate may only be extended in accordance with paragraph (5) of regulation 7 of the Transport of Dangerous Goods (Safety Advisers) Regulations 1999 where, within the period of 12 months which precede the expiry of the original certificate or any extension of it granted in accordance with that paragraph, a fee of the sum specified in Schedule 11A has been paid to the Secretary of State or the person designated by the Secretary of State for the purpose of issuing vocational training certificates.
3
Nothing in this regulation shall be construed as making a fee payable by a person in any of the capacities specified in section 43(4) of the 1974 Act.
and
b
after Schedule 11 insert Schedule 5 to these Regulations.
Signed by authority of the Secretary of State.
Larry Whitty
Parliamentary Under Secretary of StateDepartment of the Environment, Transport and the Regions
4th February 1999


text:
Citation and commencement
1
This Order may be cited as the Deregulation (Pipe-lines) Order 1999 and shall come into force 28 days after the day on which it is made.
Amendment of the Pipe-lines Act 1962
2
The Pipe-lines Act 1962 shall have effect subject to the amendments specified in the Schedule to this Order.
Transitional Provisions
3
Nothing in this Order affects the operation of the Pipe-lines Act 1962 in relation to–
a
the execution of works begun before the date on which this Order comes into force;
b
the execution of works in any other case under a pipe-line construction or diversion authorisation which has been granted before that date or for which an application has been received by the Secretary of State before that date;
c
an application for, or the grant of, a pipe-line construction or diversion authorisation, where the application for the authorisation has been received by the Secretary of State before that date;
d
the revocation under section 12(5) of that Act of a compulsory rights order where a pipe-line diversion authorisation becomes of no effect.
John Battle
Minister for Energy and Industry,
Department of Trade and Industry
6th March 1999


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Income Support (General) (Standard Interest Rate Amendment) (No. 4) Regulations 1999 and shall come into force on 9th May 1999.
2
These Regulations shall have effect in relation to any particular claimant —
a
in a case where income support is paid to the claimant in arrears in accordance with paragraph 7(1)(i) of Schedule 7 to the Claims and Payments Regulations (date when change of circumstances is to take effect) —
i
from the first day of the benefit week which includes 16th May 1999; or
ii
if the claim for income support is for a period commencing after 16th May 1999, from the first day of the first benefit week commencing after 9th May 1999;
b
in a case where income support is paid to the claimant in advance in accordance with paragraph 7(1)(ii) of Schedule 7 to the Claims and Payments Regulations, from the first day of the first benefit week commencing after 16th May 1999,
and for this purpose, the expressions “claimant” and “benefit week” have the same meanings as in regulation 2(1) of the Income Support Regulations (interpretation).
3
In these Regulations, “the Claims and Payments Regulations” means the Social Security (Claims and Payments) Regulations 1987 and “the Income Support Regulations ” means the Income Support (General) Regulations 1987 .
Amendment of Schedule 3 to the Income Support Regulations
2
In paragraph 12(1)(a) of Schedule 3 to the Income Support Regulations (standard rate of interest on qualifying loans), for the words “7.39 per cent.” there shall be substituted the words “7.08 per cent.”.
Revocation of the Income Support (General) (Standard Interest Rate Amendment) (No. 3) Regulations 1999
3
The Income Support (General) (Standard Interest Rate Amendment) (No. 3) Regulations 1999 are hereby revoked save that those Regulations shall continue to have effect until the day before the first day of the benefit week having effect in relation to any particular claimant for the purpose of regulation 1(2) of these Regulations.
Signed by authority of the Secretary of State for Social Security.
Angela Eagle
Parliamentary Under-Secretary of State,
Department of Social Security
13th April 1999


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Grants) (Music, Ballet and Choir Schools) (Amendment) Regulations 1999, and shall come into force on 1st September 1999.
2
These Regulations shall apply in relation to a school year beginning on or after the date mentioned in paragraph (1).
Amendment of the Education (Grants) (Music, Ballet and Choir Schools) Regulations 1995
2
1
Schedule 1 to the Education (Grants) (Music, Ballet and Choir Schools) Regulations 1995 shall be amended as follows.
2
In paragraph 8, in sub-paragraphs (3) and (5), for “£1,265” in each place where it occurs, there shall be substituted “£1,300 ”.
3
In paragraph 13(2), for “£8,963” there shall be substituted “ £9,183”.
4
For the table in paragraph 13(3), there shall be substituted the following table–
Table
(1) (2) (3) Part of the relevant income to which specified percentage applies Only aided pupil Each of two aided pupils
That part which exceeds £9,034 but does not exceed £11,404 10% 7.5% That part (if any) which exceeds £11,404 but does not exceed £16,025 20% 15% That part (if any) which exceeds £16,025 12.5% 7.5%
.
4
In paragraph 14–
a
in sub-paragraph (2), for “£11,275” there shall be substituted “ £11,553”, and
b
in sub-paragraph (3), for “£11,126” there shall be substituted “ £11,404”.
5
For paragraph 17 there shall be substituted–
Uniform grant
17
1
In this paragraph–
“clothing expenditure”, in relation to an aided pupil, means expenditure which the school are satisfied–
has been incurred by his parents, or
is about to be incurred by them but which they cannot, without financial hardship, incur in advance of the payment of grant,
on items of uniform and other clothing (including sports clothing) to be worn by him either at school or for the purposes of school activities;
“first aided year”, in relation to an aided pupil, means the school year in which he first becomes an aided pupil at a school; and
“uniform grant”, in relation to an aided pupil, means grant payable to his parents in respect of clothing expenditure.
2
This paragraph applies to an aided pupil in relation to his first aided year where the relevant income does not exceed £11,965.
3
Where paragraph (2) applies to an aided pupil, the school shall (subject to paragraph (7)) pay uniform grant to his parents of an amount equal to so much of the clothing expenditure incurred in respect of the first aided year as does not exceed–
a
£183 where the relevant income does not exceed £10,504;
b
£137 where that income exceeds £10,504 but does not exceed £10,993;
c
£89 where that income exceeds £10,933 but does not exceed £11,466; and
d
£46 where that income exceeds £11,466 but does not exceed £11,965.
4
Any uniform grant payable pursuant to paragraph (3) in respect of the first aided year may be paid at any time during the period commencing on 1st September 1999 and ending at the end of that year.
5
This paragraph applies to an aided pupil in relation to any school year where the relevant income does not exceed £11,466, unless (in the case of his first aided year) grant is payable to his parents under paragraph (3) in respect of that year.
6
Where paragraph (5) applies to an aided pupil in relation to any school year, the school shall pay uniform grant to his parents of an amount equal to so much of the clothing expenditure (disregarding expenditure in respect of which a previous grant has been paid) incurred in respect of that year as does not exceed–
a
£69 where the relevant income does not exceed £10,670; and
b
£36 where that income exceeds £10,670 but does not exceed £11,466.
7
Where an aided pupil has been a registered pupil at a school before he first took up an aided place there, the school shall not pay any uniform grant in respect of clothing expenditure incurred before the pupil first took up that place.
.
6
In paragraph 19–
a
in sub-paragraph (2)(a), for “£10,427” there shall be substituted “ £10,683”, and
b
in sub-paragraph (2)(b), for “£10,248” there shall be substituted “ £10,504”.
Charles Clarke
Parliamentary Under Secretary of State,
Department for Education and Employment
25th May 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Education (Grammar School Designation) (Amendment) Order 1999 and shall come into force on 1st September 1999.
2
In this Order “the designation order” means the Education (Grammar School Designation) Order 1998 .
Designation of grammar school
2
1
The school to be established on 1st September 1999 as a voluntary controlled school and to be known as Dr Challoner’s High School (being a school to be established in substitution for a county school of the same name which is to be discontinued on that date) is designated as a grammar school for the purposes of Chapter II of Part III of the School Standards and Framework Act 1998.
2
Accordingly the Schedule to the designation order shall be amended by adding after “Dr Challoner’s High School” (opposite “Buckinghamshire” in the left hand column) the words “(established as a voluntary controlled school on 1st September 1999)”.
Further amendment of designation order
3
The Schedule to the designation order shall also be amended by omitting “Bristol” from the left hand column and “Cotham Grammar School” and “Fairfield Grammar School” from the right hand column.
Malcolm Wicks
Parliamentary Under Secretary of State,
Department for Education and Employment
27th August 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Barnet and Chase Farm Hospitals National Health Service Trust (Establishment) Order 1999 and shall come into force on 1st April 1999.
2
In this Order, unless the context otherwise requires–
“ the Act ” means the National Health Service and Community Care Act 1990;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Barnet and Chase Farm Hospitals National Health Service Trust established by article 2 of this Order.
Establishment and name of the trust
2
There is hereby established an NHS trust which shall be called the Barnet and Chase Farm Hospitals National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions shall be:–
a
to own and manage pursuant to section 5(1)(a) of the Act Chase Farm Hospital, The Ridgeway, Enfield, Middlesex EN2 8JL, Cheshunt Community Hospital, King Arthur’s Court, Crossbrook Street, Cheshunt, Herts EN10 7DH and associated facilities, and there to provide and manage hospital accommodation and services; and
b
to provide and manage pursuant to section 5(1)(b) of the Act Barnet General Hospital, Wellhouse Lane, Barnet, Herts EN5 3DJ, and there to provide and manage hospital accommodation and services.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1999.
2
The accounting date of the trust shall be 31st March.
Restriction on disposal of assets
6
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
19th March 1999


text:
Citation and commencement
1
This Order may be cited as the River Tay Estuary Limits Order 1999 and shall come into force on 1st March 1999.
Estuary limits
2
The estuary limits for the River Tay shall be as set out in the Schedule to this Order.
G M Thomson
Assistant Secretary, Scottish Office
Pentland House,
Edinburgh
22nd February 1999