text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Fire Precautions (Workplace) (Amendment) Regulations 1999 and shall come into force on 1st December 1999.
2
These Regulations extend to Great Britain.
Interpretation
2
In these Regulations, “the principal Regulations ” means the Fire Precautions (Workplace) Regulations 1997 .
Amendment of the principal Regulations
3
The principal Regulations shall be amended as specified in regulations 4 to 16 below.
4
In regulation 2(1) (interpretation), after the definition of “fire authority” there shall be inserted–
“mine” has the same meaning as in the Mines and Quarries Act 1954 ;
.
5
In regulation 3 (application of Part II)–
a
for paragraph (1) there shall be substituted–
1
Every employer shall ensure that the requirements of this Part of these Regulations are complied with in respect of every workplace, other than an excepted workplace, which is to any extent under his control.
;
b
in paragraph (2), after the words “Every person” there shall be inserted the words “, other than the employer referred to in paragraph (1),”; and
c
in paragraph (5)–
i
sub-paragraphs (a) to (c) shall be omitted;
ii
for sub-paragraph (e) there shall be substituted–
e
any workplace which is or is in or on a ship within the meaning of section 313(1) of the Merchant Shipping Act 1995 other than a ship which is–
i
in the course of construction; or
ii
in the course of repair by persons who include persons other than the master and crew of the ship;
;
iii
sub-paragraph (f) shall be omitted; and
iv
for sub-paragraph (g) there shall be substituted–
g
any workplace which forms part of a mine, other than any building on the surface at a mine;
.
6
In regulation 4(1) (fire-fighting and fire detection), for the words “by the dimensions and use of the building housing the workplace, the equipment it contains” there shall be substituted the words “having regard to the dimensions and use of the buildings at the workplace, the equipment they contain”.
7
In regulation 9(2) (disapplication of the Health and Safety at Work etc. Act 1974), for sub-paragraph (a) there shall be substituted–
a
Part II of these Regulations except in so far as that Part applies to–
i
any workplace which is or is in or on a ship within the meaning of section 313(1) of the Merchant Shipping Act 1995 when such a ship is in the course of construction or is in the course of repair by persons who include persons other than the master and crew of the ship;
ii
any workplace, other than a building on the surface at a mine, to the extent that it comprises premises to which the Fire Certificates (Special Premises) Regulations 1976 apply; and
.
8
In regulation 10 (enforcement), paragraphs (3), (4) and (5) shall be omitted.
9
In regulation 11 (serious cases: offence)–
a
in paragraph (1), for the words following sub-paragraph (a) there shall be substituted–
and
b
that failure places one or more employees at risk of death or serious injury in case of fire.
; and
b
after paragraph (2) there shall be inserted–
2A
In any proceedings for an offence under this regulation it shall be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
.
10
In regulation 12(1) (serious cases: prohibition notices), for sub-paragraphs (a) and (b) there shall be substituted–
a
tents and other movable structures (other than vessels);
b
places of work in the open air; and
c
vessels remaining moored or remaining on dry land,
.
11
In regulation 13 (serious cases: enforcement notices)–
a
for the heading there shall be substituted “Enforcement notices”;
b
in paragraph (1)–
i
sub-paragraph (b) and the word “and” immediately preceding it shall be omitted; and
ii
in sub-paragraph (iv), the words from “and that the bringing” to the end shall be omitted;
c
paragraphs (3), (4) and (7) shall be omitted;
d
in paragraph (5)–
i
after the word “building” there shall be inserted the words “or structure”; and
ii
after sub-paragraph (a) there shall be inserted–
aa
in the case of a building or structure in England or Wales in relation to all or any part of which an initial notice given under section 47 of the Building Act 1984 is in force, the approved inspector who gave that initial notice;
ab
in the case of a workplace which is, includes or forms part of–
i
a designated sports ground, or
ii
a sports ground at which there is a regulated stand, the local authority, and in this sub-paragraph “sports ground”, “designated sports ground” and “local authority” have the same meaning as in the Safety of Sports Grounds Act 1975 and “regulated stand” has the same meaning as in the Fire Safety and Safety of Places of Sport Act 1987 ;
; and
e
in paragraph (8), for sub-paragraphs (a) to (d) there shall be substituted “consult under paragraph (2) or (5)”.
12
In regulation 14 (enforcement notices: right of appeal)–
a
in paragraph (2), for the words “Subject to paragraph (3), on” there shall be substituted the word “On”;
b
paragraph (3) shall be omitted; and
c
in paragraph (4), the word “not” shall be omitted and for the words from “unless” to the end there shall be substituted “until the appeal is finally disposed of or, if the appeal is withdrawn, until the withdrawal of the appeal.”.
13
Regulation 16 (enforcement orders) shall be omitted.
14
In regulation 17(4) (application of the Fire Precautions Act 1971), after the words “fire certificate” there shall be inserted the words “issued under the 1971 Act or”.
15
After regulation 17 there shall be inserted–
Disapplication of safety certificates for sports grounds
17A
A safety certificate issued under the Safety of Sports Grounds Act 1975 or under Part III of the Fire Safety and Safety of Places of Sport Act 1987 shall not have effect to the extent that it would require a person to contravene any provision of the workplace fire precautions legislation.
.
16
In regulation 18 (application to the Crown)–
a
in paragraph (1), for “16” there shall be substituted “15”; and
b
after paragraph (5) there shall be inserted–
5A
For the purposes of this regulation–
a
the occupation of any premises by the Corporate Officer of the House of Lords for the purposes of that House, by the Corporate Officer of the House of Commons for the purpose of that House, or by those Corporate Officers acting jointly for the purposes of both Houses shall be regarded as occupation by the Crown; and
b
any premises in which either or both of those Corporate Officers has or have an interest which is that of an owner shall be regarded as premises owned by the Crown.
.
17
Part IV of the principal Regulations, as amended by these Regulations, is set out in the Schedule to these Regulations.
Existing enforcement orders
18
An enforcement order made under regulation 16 of the principal Regulations before 1st December 1999 shall, for the purposes of regulation 15 of those Regulations, have effect on and after that date as if it were an enforcement notice served under regulation 13 of those Regulations.
George Howarth
Parliamentary Under-Secretary of State
Home Office
29th June 1999


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Export of Goods (Control) (Amendment No. 2) Order 1999 and shall come into force on 12th February 1999.
2
In Schedule 3 to the Export of Goods (Control) Order 1994 , there shall be inserted after “Democratic Republic of the Congo”–
Eritrea
Ethiopia
.
A.J. Mantle
An Official of the
Department of Trade and Industry authorised to Act on behalf of the Secretary of State
11th February 1999


text:
Citation and commencement
1
This Order may be cited as the Blackburn, Hyndburn and Ribble Valley Health Care National Health Service Trust (Establishment) Amendment Order 1999 and shall come into force on 24th August 1999.
Amendment of NHS Trust Establishment Order
2
For article 3 of the Blackburn, Hyndburn and Ribble Valley Health Care National Health Service Trust (Establishment) Order 1993 there shall be substituted the following article–
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 Blackburn Royal Infirmary, Bolton Road, Blackburn BB2 3LR and associated hospitals, establishments and facilities, and there to provide and manage hospital accommodation and services, and there and from there to provide and manage community health services; and
b
to provide and manage pursuant to section 5(1)(b) of the Act Queen’s Park Hospital, Haslingden Road, Blackburn BB2 3HH, and there to provide and manage hospital accommodation and services, and there and from there to provide and manage community health services.
.
Frank Dobson
Secretary of State for Health
12th August 1999


text:
1
These Regulations may be cited as the Gilt-edged Securities (Periodic Accounting for Tax on Interest) (Amendment) Regulations 1999 and shall come into force on 30th March 1999.
2
In regulation 2(1) of the Gilt-edged Securities (Periodic Accounting for Tax on Interest) Regulations 1995 , in the definition of “manufactured payment” there shall be added at the end the words “, other than a payment made on or after 1st April 1999”.
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 Rail Vehicle Accessibility (Central Trains Class 170/5 Vehicles) Exemption Order 1999 and shall come into force on 29th July 1999.
2
Any reference in this Order to a numbered regulation is a reference to a regulation bearing that number in the Rail Vehicle Accessibility Regulations 1998 .
3
This order applies to the rail vehicles which are numbered 50501 to 50513 and 79501 to 79513 and which form the diesel multiple-units numbered 170501 to 170513 of the class known as “Class 170/5” (`the exempted vehicles') as manufactured by ABB Daimler-Benz Transportation ( UK ) Limited for use by Central Trains Limited.
4
1
Subject to articles 5, 6 and 7 below, the exempted vehicles are hereby authorised to be used for carriage even though they do not conform with those provisions of the Rail Vehicle Accessibility Regulations 1998 referred to in paragraph (2) below.
2
The provisions with which the exempted vehicles are not required to conform are —
regulation 4(3)(b);
regulation 5, but only in so far as it relates to control devices which are not operated by the application of pressure and which do not control doors which are in the side of an exempted vehicle; and
regulation 13, but only in so far as it relates to the public address system for visual announcements inside the passenger saloon of an exempted vehicle.
5
1
The exemption given in respect of regulation 4(3)(b) shall cease at the end of 31st December 2000.
2
The exemption given in respect of regulation 5 shall cease at the end of 31st July 2000.
3
The exemption given in respect of regulation 13 shall cease at the end of 22nd March 2000 in relation to any exempted vehicle whenever it is used for carriage after that date on any service which is scheduled in the operator’s public timetable to terminate at a destination station specified in the second column of the Schedule to this Order and to follow a route stopping at all the stations specified, opposite a specified destination station, in the third column of the Schedule to this order (whether or not it stops at other stations).
4
The exemption given in respect of regulation 13 shall cease altogether at the end of 7th January 2001.
6
The exemption given in respect of regulation 5 shall apply in relation to any exempted vehicle only while instructions for the operation of any door which is operated by a control device to which the exemption relates are displayed on a sign:
a
which is placed on or near that door and on the same side of that door as any such control device; and
b
on which the letters, numbers or diagrams contrast with their background and are identifiable by touch.
7
1
The exemption given in respect of regulation 13 shall apply only in relation to any exempted vehicle for a period during which the operator provides in that vehicle or, where an exempted vehicle forms part of a train, in that train a person who complies with the requirements specified in paragraph (2) below.
2
The requirements are that the person shall —
a
have attended a training course, which has been approved by the Secretary of State, to be trained in awareness of the needs of persons with hearing disabilities;
b
be equipped with writing paper, a pen and a printed timetable showing the services on the route on which the exempted vehicle is being used and the times of arrival at each station on that route; and
c
be reasonably available to provide persons with hearing disabilities in the exempted vehicle with the information which is required by regulation 13(4) and (5) to be displayed on public address systems for visual announcements in a regulated rail vehicle which is not an exempted vehicle.
8
The authorisation shall cease forthwith in respect of an exempted vehicle which is operated by a person other than Central Trains Limited unless the Secretary of State has been given written notice in advance specifying the name and address of that other person.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Glenda Jackson
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
7th July 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Education (Transfer of Functions Concerning School Lunches etc.) (England) (No. 2) Order 1999 and shall come into force on 1st September 1999.
2
In this Order “the 1996 Act ” means the Education Act 1996.
Duties imposed on governing bodies; school lunches
2
1
Subject to paragraph (3) duties corresponding to the duties of the local education authority specified in paragraph (2) are hereby imposed on the governing body of each maintained school in England whose budget share within the meaning of section 47(1) of the School Standards and Framework Act 1998 includes an amount in respect of meals and other refreshment.
2
The duties referred to in paragraph (1) are–
a
the duty to provide school lunches in accordance with section 512(1A) and (1B) of the 1996 Act ; and
b
the duty to provide school lunches free of charge in accordance with section 512(3) of the 1996 Act.
3
The duty referred to in paragraph (2)(a) shall not however be imposed on the governing body of any school until section 512(1A) and (1B) of the 1996 Act is in force.
Duties imposed on governing bodies; milk
3
1
A duty corresponding to the duty of the local education authority to provide milk free of charge in accordance with section 512(3)(b) of the 1996 Act is hereby imposed on the governing body of each former grant-maintained school and grant-maintained special school in England.
2
In this article “former grant-maintained school” means a school which was a grant-maintained school immediately before 1st September 1999 other than a school which first admits pupils on or after that date, and “former grant-maintained special school” means a school which was a grant-maintained special school immediately before that date.
Modification of section 512(2)(b) of the 1996 Act where school does not have a delegated budget
4
1
In relation to any local education authority which maintains a school falling within the class specified in article 2 which does not have a delegated budget by reason of it having been suspended under section 17 of, or Schedule 15 to, the School Standards and Framework Act 1998, section 512(2)(b) of the 1996 Act shall have effect during the period of a year from the date on which the suspension of the delegated budget in question took effect with the modifications specified in paragraph (2).
2
The modifications referred to in paragraph (1) are that the duty imposed on the local education authority under section 512(2)(b) of the Act shall be a duty–
a
to charge every pupil registered at any school maintained by the authority other than the school which does not have a delegated budget the same price for the same quantity of the same item; and
b
to charge every pupil registered at the school which does not have a delegated budget the same price for the same quantity of the same item.
Revocation
5
The Education (Transfer of Functions Concerning School Lunches) (England) Order 1999 is hereby revoked.
Estelle Morris
Minister of State,
Department for Education and Employment
28th July 1999


text:
1
This Order may be cited as the Public Telecommunication System Designation (MTU Inform Europe Limited) Order 1999 and shall come into force on 23rd November 1999.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Patricia Hewitt,
Minister for Small Business and E-Commerce,
Department of Trade and Industry
18th October 1999


text:
1
1
This Order may be cited as the Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) (Variation) Order 1999 and shall come into force on 28th June 1999.
2
In this Order, unless the context otherwise requires, a Schedule referred to by number means the Schedule so numbered in the Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) Order 1993 and any reference to a section of the Act shall be a reference to that section as applied with such exceptions, adaptations and modifications as are specified in Schedule 2 to that Order.
2
Schedule 1 shall be varied by inserting, after the word “Portugal”, the words “Republic of Estonia” and “Republic of Poland”.
3
1
Paragraph 5 of Schedule 2 shall be varied by–
a
omitting the words “or by a competent court in a Hague Convention country” in subsections (9) and (10); and
b
omitting subsection (11);
of section 5 of the Act.
2
Schedule 2 shall be further varied by–
a
substituting in paragraph 6, the words “two calendar months” for the words “one calendar month” in section 6(12) of the Act;
b
inserting in paragraph 9(2)–
i
in subsection (1)(a) of section 9 of the Act after the word “vary”, the words “the method of payment of”;
ii
in subsection (1)(b) of section 9 of the Act after the word “vary”, the words “the method of payment of”; and
c
inserting after paragraph 9(2)–
2A
Subsection (1ZA) shall be amended as follows–
a
at the end of paragraph (za) , there shall be inserted the words
and for the words “revoke, revive or vary the order”, there were substituted “vary the order in accordance with subsection (3)”
;
b
after paragraph (za), there shall be inserted the following paragraph–
zab
as if subsection (2) were omitted;
;
c
in paragraph (a), for the words from “as if in subsection (3)” to “there were inserted–”, there shall be substituted “as if in subsection (3)–
i
for the words “shall include”, there were substituted “means the,”;
ii
for the words “paragraphs (a) to (d) of section 59(3) above” there were substituted “subsection (3A) below”; and
iii
after that subsection there were inserted–
.
2B
Subsection (1ZB) shall be amended as follows–
a
at the end of paragraph (za) , there shall be inserted the words–
and for the words “revoke, revive or vary the order”, there were substituted “vary the order in accordance with paragraph (3)”
;
b
after paragraph (za), there shall be inserted the following paragraph–
zab
as if paragraph (2) were omitted;
;
c
in paragraph (a), for the words from “as if in paragraph (3)” to “there were inserted–”, there shall be substituted “as if in paragraph (3)–
i
for the words “shall include”, there were substituted “means the”;
ii
for the words “sub-paragraphs (a) to (d) of Article 85(3)” there were substituted “paragraph (3A)”; and
iii
after that paragraph there were inserted–“.”.
3
Paragraph 9(4) of Schedule 2 shall be varied by–
a
omitting subsections (3) to (7) of section 9 of the Act; and
b
after subsection (10) of section 9 of the Act, inserting the following–
11
This section shall not apply to a court in Scotland.
.
4
Schedule 3 shall be varied by–
a
omitting the words “or by a competent court in a Hague Convention country” in subsections (9) and (10); and
b
omitting subsection (11);
of section 5 of the Act.
5
Schedule 3 shall be further varied by substituting the words “two calendar months” for the words “one calendar month” in section 6(12) of the Act.
6
Schedule 3 shall be further varied by inserting in section 9 of the Act–
a
in subsection (1)(a) after the word “vary”, the words “the method of payment of”;
b
in subsection (1)(b) after the word “vary”, the words “the method of payment of”;
c
in subsection (1ZA)–
i
at the end of paragraph (za), the words
and for the words “revoke, revive or vary the order”, there were substituted “vary the order in accordance with subsection (3)”
;
ii
after paragraph (za), the following paragraph–
zab
as if subsection (2) were omitted:
; and
iii
in paragraph (a), for the words from “as if in subsection (3)” to “there were inserted–”, there shall be substituted “as if in subsection (3)–
i
for the words “shall include”, there were substituted “means the”;
ii
for the words “paragraphs (a) to (d) of section 59(3) above” there were substituted “subsection (3A) below”; and
iii
after that subsection there were inserted–” .
d
after subsection (1ZA)–
1ZB
Where the registering court is a court of summary jurisdiction in Northern Ireland, Article 86 of the Magistrates' Court (Northern Ireland) Order 1981 (revocation, variation etc. , of orders for periodical payment) shall have effect in relation to the registered order–
za
as if in paragraph (1) for the words “by order on complaint” there were substituted “on an application being made, by order” and for the words “revoke, revive or vary the order”, there were substituted “vary the order in accordance with paragraph (3)”;
zab
as if paragraph (2) were omitted;
a
as if in paragraph (3)–
i
for the words “shall include”, there were substituted “means the”,
ii
for the words “sub-paragraphs (a) to (d) of Article 85(3)” there were substituted “paragraph (3A)”, and
iii
after that paragraph there were inserted–
3A
The powers of the court are–
a
the power to order that payments under the order be made directly to the collecting officer;
b
the power to order that payments under the order be made to the collecting officer by such method of payment falling within Article 85(7) (standing order, etc.) as may be specified;
c
the power to make an attachment of earnings order under Part IX to secure payments under the order;
b
as if in paragraph (4) for sub-paragraph (b) there were substituted–
b
payments under the order are required to be made to the collecting officer by any method of payment falling within Article 85(7) (standing order, etc.)
; and as if after the words “petty sessions” there were inserted “for the petty sessions district for which the court which made the order acts”;
c
as if in paragraph (5) for the words “to the collecting officer” there were substituted “in accordance with sub-paragraph (a) of paragraph (3A)”;
d
as if in paragraph (7), sub-paragraph (c) and the word “and” immediately preceding it were omitted;
e
as if in paragraph (8) for the words “sub-paragraphs (a) to (d) of Article 85(3)” there were substituted “paragraph (3A)”;
f
as if for paragraphs (9) and (10) there were substituted the following paragraphs–
9
In deciding, for the purposes of paragraphs (3) and (8), which of the powers under paragraph (3A) it is to exercise, the court shall have regard to any representations made by the debtor.
10
Paragraph (5) of Article 85 (power of court to require debtor to open account) shall apply for the purposes of paragraph (3A) as it applies for the purpose of that Article but as if for sub-paragraph (a) there were substituted–
a
the court proposes to exercise its power under sub-paragraph (b) of Article 86(3A), and
.
.
7
Schedule 3 shall be further varied by–
a
omitting subsections (3) to (7) of section 9 of the Act; and
b
inserting after subsection (10) of section 9 of the Act, the following–
11
This section shall not apply to a court in Scotland.
.
A. K. Galloway
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
This Order may be cited as the District of Kennet (Electoral Changes) Order 1999.
2
This Order shall come into force —
a
for the purposes of proceedings preliminary or relating to any election to be held on 1st May 2003, on 10th October 2002;
b
for all other purposes, on 1st May 2003.
3
In this Order —
“district” means the district of Kennet;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
any reference to the map is a reference to the map prepared by the Department of Environment, Transport and the Regions marked “Map of the District of Kennet (Electoral Changes) Order 1999”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 ; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Wards of Kennet
2
1
The existing wards of the district shall be abolished.
2
The district shall be divided into twenty-nine wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes or, where no area is so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, waterway or similar geographical feature, it shall be treated as running along the centre line of the feature.
Wards of the parish of Bishops Cannings
3
1
The parish of Bishops Cannings shall be divided into two parish wards which shall bear the names Bishops Cannings and Cannings Hill; and the wards shall comprise the areas designated on sheet 13 by reference to the names of the wards and demarcated by orange lines.
2
The number of councillors to be elected for the Bishops Cannings parish ward shall be six and for the Cannings Hill parish ward shall be five.
Wards of the town of Devizes
4
1
The existing wards of the town of Devizes shall be abolished.
2
The town shall be divided into three town wards which shall bear the names set out in column (1) of Schedule 2; each town ward shall comprise the area of the district ward specified in respect of the town ward in column (2) of that Schedule, and the number of councillors to be elected for each town ward shall be the number specified in respect of the town ward in column (3) of that Schedule.
Wards of the parish of Enford
5
The parish of Enford shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 3; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule, and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Grafton
6
The parish of Grafton shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 4; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule, and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Ludgershall
7
The parish of Ludgershall shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 5; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule, and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the town of Marlborough
8
1
The existing wards of the town of Marlborough shall be abolished.
2
The town shall be divided into two town wards which shall bear the names set out in column (1) of Schedule 6; each town ward shall comprise the area of the district ward specified in respect of the town ward in column (2) of that Schedule, and the number of councillors to be elected for each town ward shall be eight.
Wards of the parish of Pewsey
9
1
The parish of Pewsey shall be divided into two parish wards which shall bear the names Pewsey North and Pewsey South; and the wards shall comprise the areas designated on sheet 14 by reference to the names of the wards and demarcated by orange lines.
2
The number of councillors to be elected for the Pewsey North parish ward shall be ten and for the Pewsey South parish ward shall be eleven.
Wards of the parish of Wilcot
10
The parish of Wilcot shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 7; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule, and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Numbers of parish councillors
11
The number of parish councillors to be elected for the parish of Ham shall be six.
Revocation
12
The District of Kennet (Electoral Arrangements) Order 1976 is hereby revoked.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Beverley Hughes
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
22nd October 1999


text:
Citation and commencement
1
These Regulations may be cited as the Civil Aviation (Route Charges for Navigation Services) Regulations 1999 and shall come into force on 1st January 2000.
Revocation
2
The Regulations specified in Schedule 1 hereto are hereby revoked.
Interpretation
3
1
In these Regulations–
“ AIP ” in relation to a country other than the United Kingdom means a document in force at the date of the making of these Regulations, entitled “Aeronautical Information Publication” or “AIP” and published by a public authority of that country;
“authorised person” means any constable or any person authorised by the CAA (whether by name or by class or description) either generally or in relation to a particular case or class of cases;
“ FIR ” means “Flight Information Region”;
“specified airspace” means the airspace of a FIR described as set forth in columns (1) and (2) of Schedule 2 hereto;
“United Kingdom Air Pilot” means the document so entitled in force at the date of the making of these Regulations and published by the CAA.
2
Other expressions used in these Regulations shall, unless the context otherwise requires, have the same respective meanings as in the Air Navigation ( No. 2) Order 1995 .
Charge to be paid to Eurocontrol
4
1
Subject to the provisions of these Regulations the operator of any aircraft (in whatsoever State it is registered) for which navigation services (not being navigation services provided in connection with the use of an aerodrome) are made available in a specified airspace shall pay to Eurocontrol, in respect of each flight by that aircraft in that airspace, a charge for those services (hereinafter referred to as “the charge”) at the appropriate rate calculated in accordance with regulation 6 of these Regulations.
2
If Eurocontrol is unable, after taking reasonable steps, to ascertain who is the operator, it may give notice to the owner of the aircraft that it will treat him as the operator until he establishes to the reasonable satisfaction of Eurocontrol that some other person is the operator; and from the time when the notice is given Eurocontrol shall be entitled, for so long as the owner is unable to establish as aforesaid that some other person is the operator, to treat the owner as if he were the operator, and for that purpose the provisions of these Regulations (other than this paragraph) shall apply to the owner of the aircraft as if he were the operator.
3
The operator of an aircraft shall not be required to pay any charge to Eurocontrol under these Regulations in respect of a flight if he has previously paid to Eurocontrol in respect of that flight a charge of the same or a greater amount under the law of a country specified in column 1 of Schedule 2 hereto.
Payment
5
1
The amount of the charge shall be payable to Eurocontrol at its principal office in Brussels and shall be paid in euros.
2
The equivalent in sterling of the charge may be recovered in any court of competent jurisdiction in the United Kingdom.
3
If the amount of the charge payable under regulation 4(1) is not paid in cleared funds by the operator of the aircraft within 30 days of the date payment is demanded by Eurocontrol, interest calculated in accordance with paragraph (4) below on the unpaid amount shall be paid from that day until the date when cleared funds are received by Eurocontrol.
4
Interest payable under paragraph (3) shall be simple interest calculated from day to day at the rate of 7.82%.
5
Nothing in this regulation shall prevent Eurocontrol from accepting as a good discharge payment other than in euros or at places other than the principal office of Eurocontrol.
Calculation of the Charge
6
1
The charge shall be calculated in euros according to the following formula–
r = N × U
where
r is the charge for the flight, N is the number of service units relating to that flight and U is the appropriate unit rate specified in column 3 of Schedule 2 hereto in relation to the specified airspace through which the flight is made, increased or decreased as the case may be by the same percentage as the relevant national currency has increased or decreased against the euro as compared with the rate of exchange specified in column 4 of the said Schedule in relation to that airspace.
2
For the purpose of the preceding paragraph, the number of service units relating to a flight shall be calculated in accordance with the following formula–
N = d × p
where
d is the distance factor for the flight in the specified airspace in question and p is the weight factor for the aircraft concerned.
3
For the purposes of the preceding paragraph–
a
the distance factor shall be the number of kilometres in the great circle distance between the points specified in paragraph (4) of this regulation minus 20 kilometres for each landing and take-off in the specified airspace in question, divided by 100 and expressed to two places of decimals, and
b
the weight factor, subject to the provisions of paragraphs (6) and (7) of this regulation, shall be equal to the square root of the quotient obtained by dividing by 50 the number of metric tonnes of the maximum total weight authorised of the aircraft and shall be expressed to two places of decimals.
4
The points referred to in paragraph (3) of this regulation are–
a
the aerodrome of departure within the specified airspace in question or, if there is no such aerodrome, the point of entry into that airspace; and
b
the aerodrome of first destination within the specified airspace in question or, if there is no such aerodrome, the point of exit from that airspace.
5
For the purposes of the preceding paragraph, the point of entry into the specified airspace in question and the point of exit from that airspace shall be the points at which the lateral limits of the said airspace are crossed by the route described in the flight plan communicated by or on behalf of the operator of the aircraft either to the appropriate air traffic control unit or to the Flow Management Unit of Eurocontrol with any modifications thereto subsequently made or approved by or on behalf of the operator.
6
Subject to paragraph (7) below, the weight factor for an aircraft of any type shall be calculated by reference to the maximum total weight authorised of the heaviest aircraft of that type.
7
Where an operator has indicated to Eurocontrol, within the period of one year immediately preceding the flight, the composition of the fleet of aircraft which he operates and which includes two or more aircraft which are different versions of the same type of aircraft, the weight factor shall be calculated by reference to the average of the maximum total weight authorised of all his aircraft of that type so indicated to Eurocontrol.
8
For the purposes of this regulation the rate of exchange of the euro to a national currency shall be the average monthly rate of exchange of the euro to that national currency established by Eurocontrol for the month preceding the month during which the flight takes place.
Exempt Flights
7
These Regulations shall not apply to the following flights–
i
flights by military aircraft;
ii
flights made for the purposes of search and rescue operations;
iii
flights by aircraft of which the maximum total weight authorised is 5700kg or less made entirely in accordance with the Visual Flight Rules in the Rules of the Air Regulations 1996 ;
iv
flights terminating at the aerodrome from which the aircraft has taken off;
v
flights other than the flights referred to in paragraph (i) of this regulation made exclusively for the purpose of the carriage on official business of a reigning Monarch or his immediate family, a Head of State, a Head of Government or a Government Minister;
vi
flights made exclusively for the purpose of checking or testing equipment used or intended to be used as aids to air navigation;
vii
flights made exclusively for the purpose of the instruction or testing of flight crew within the specified airspace of the United Kingdom;
viii
flights made by aircraft of which the maximum total weight authorised is less than two metric tonnes;
ix
flights made by helicopters between any point in the United Kingdom to a vessel or an offshore installation within the area bounded by straight lines joining successively the following points–
N5500 E00302; N5500 W00100; N5600 W00230; N5740 W00230; N5740 W00400; N5830 W00400; N5830 W00500; N6300 W00500; N6300 E/W00000;
and thence south by the Median Line to N5500 E00302; and
x
flights made by helicopters between any point in the United Kingdom to a vessel or an offshore installation within the area bounded by straight lines joining successively the following points–
N5500 W00100; N5500 E00300; N5423 E00245; N5256 E00309; N5230 E00247; N5226 E00137; N5238 E00140; N5251 E00124; N5319 E00010; N5500 W00100.
Detention and sale of aircraft for unpaid charges
8
Where default is made in the payment of the charges incurred in respect of any aircraft under these Regulations Eurocontrol may request the CAA to act on behalf of Eurocontrol in accordance with the provisions of regulations 9 to 12.
9
Where such a request has been made, the CAA or an authorised person may on behalf of Eurocontrol, subject to the provisions of this and the following regulations, take such steps as are necessary to detain, pending payment, either–
a
the aircraft in respect of which the charges were incurred (whether or not they were incurred by the person who is the operator of the aircraft at the time when the detention begins); or
b
any other aircraft of which the person in default is the operator at the time when the detention begins;
and if the charges are not paid within 56 days after the date when the detention begins, the CAA may, subject to the following regulations, sell the aircraft on behalf of Eurocontrol in order to satisfy the charges.
10
The CAA or the authorised person concerned shall not detain, or continue to detain, an aircraft on behalf of Eurocontrol under these Regulations by reason of any alleged default in the payment of the charges payable under these Regulations if the operator of the aircraft or any other person claiming an interest therein–
a
disputes that the charges, or any of them, are due or, if the aircraft is detained under regulation 9(a) of these Regulations, that the charges in question were incurred in respect of that aircraft; and
b
gives to Eurocontrol, pending the determination of the dispute, sufficient security for the payment of the charges which are alleged to be due.
11
a
The CAA shall not sell an aircraft on behalf of Eurocontrol under these Regulations without the leave of the court; and the court shall not give leave except on proof that a sum is due to Eurocontrol for charges under these Regulations, that default has been made in the payment thereof and that the aircraft which the CAA seeks leave to sell on behalf of Eurocontrol is liable to sale under these Regulations by reason of default.
b
In this regulation, “the court” means, as respects England, Wales and Northern Ireland, the High Court and, as respects Scotland, the Court of Session.
12
The CAA shall, before applying to the court for leave to sell an aircraft on behalf of Eurocontrol under regulation 11 above, take such steps for bringing the proposed application to the notice of interested persons and for affording them an opportunity of becoming a party to the proceedings as are set forth in Schedule 3 to these Regulations. If such leave is given, the CAA shall secure that the aircraft is sold on behalf of Eurocontrol for the best price that can reasonably be obtained; but failure to comply with any requirement of this regulation or of the said Schedule in respect of any sale, while actionable as against the CAA at the suit of any person suffering loss in consequence thereof, shall not, after the sale has taken place, be a ground for impugning its validity.
13
The proceeds of any sale under these Regulations shall be applied as follows, and in the following order, that is to say–
a
in payment of any customs duty which is due in consequence of the aircraft having been brought into the United Kingdom;
b
in payment of the expenses incurred by the CAA in detaining, keeping and selling the aircraft, including its expenses in connection with the application to the court;
c
in payment of the charges in respect of any aircraft which the court has found to be due from the operator by virtue of these or any other Regulations under section 73 of the Civil Aviation Act 1982 ;
d
in payment of any interest on unpaid charges incurred in respect of any aircraft which the court has found to be due from the operator by virtue of these Regulations;
e
in payment of any airport charges incurred in respect of the aircraft which are due from the operator of the aircraft to the person owning or managing the aerodrome at which the aircraft was detained under these Regulations;
and the surplus, if any, shall be paid to or among the person or persons whose interests in the aircraft have been divested by reason of the sale.
14
The power of detention and sale conferred by these Regulations in respect of an aircraft extends to the equipment of the aircraft and any stores for use in connection with its operation (being equipment and stores carried in the aircraft) whether or not the property of the person who is its operator, and references to the aircraft in regulations 9 to 13 of these Regulations include, except where the context otherwise requires, references to any such equipment and stores.
15
The power of detention conferred by these Regulations in respect of an aircraft extends to any aircraft documents carried in it, and any such documents may, if the aircraft is sold under these Regulations, be transferred by the CAA to the purchaser.
16
The power conferred by these Regulations to detain an aircraft may be exercised on any occasion when the aircraft is on an aerodrome to which section 88 of the Civil Aviation Act 1982 applies or at Belfast International Airport, Belfast City Airport or Eglinton Airport.
17
Nothing in these Regulations shall prejudice any right of Eurocontrol to recover any charges, or any part thereof, or interest on unpaid charges, by action.
Records of Movements of Aircraft
18
1
This regulation shall apply to any aerodrome to which section 88 of the Civil Aviation Act 1982 applies and to Belfast International Airport, Belfast City Airport and Eglinton Airport.
2
The manager of any aerodrome to which this regulation applies shall keep a log (hereafter in this regulation referred to as “the aircraft movement log”) in which the following particulars shall be recorded:
a
the type and registration mark of each aircraft taking off from or landing at the aerodrome;
b
the date and time of each such take off and landing;
c
the origin or destination of each aircraft as the case may be.
3
The aircraft movement log shall be preserved by the aerodrome manager for a period of two years after the date of the last entry therein.
4
The aircraft movement log shall be maintained in a legible form or in a form which is capable of being reproduced in a legible form.
5
The aerodrome manager shall, within seven days after being requested to do so by an officer of the CAA, produce to such officer the aircraft movement log in a legible form.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Chris Mullin
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
7th December 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the District of Teignbridge (Electoral Changes) Order 1999.
2
This Order shall come into force–
a
for the purpose of all proceedings preliminary or relating to any election to be held on 1st May 2003, on 10th October 2002;
b
for all other purposes, on 1st May 2003.
3
In this Order–
“the district” means the district of Teignbridge;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
any reference to the map is a reference to the map prepared by the Department of the Environment, Transport and the Regions marked “Map of the District of Teignbridge (Electoral Changes) Order 1999”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 ; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Wards of Teignbridge
2
1
The existing wards of the district shall be abolished.
2
The district shall be divided into twenty-five wards which shall bear the names set out in column (1) of the Schedule.
3
The wards shall comprise the areas described in column (2) of the Schedule by reference to parishes or parish wards or, where no area is so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of the Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, waterway or similar geographical feature, it shall be treated as running along the centre line of the feature.
The parish of Bovey Tracey
3
1
The parish of Bovey Tracey shall be divided into two parish wards which shall bear the names Bovey Tracey and Heathfield; and the wards shall comprise the areas designated on sheet 5 by reference to the name of the ward and demarcated by orange lines.
2
The number of councillors to be elected for the Bovey Tracey parish ward shall be twelve and the number of councillors to be elected for the Heathfield parish ward shall be two.
Wards of the parish of Dawlish
4
1
The existing wards of the parish of Dawlish shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names of Dawlish Central, Dawlish North East and Dawlish South West; and the wards shall comprise the areas designated on sheet 6 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for each of the Dawlish Central and Dawlish South West parish wards shall be six and the number of councillors to be elected for the Dawlish North East parish ward shall be four.
The parish of Haccombe with Combe
5
1
The parish of Haccombe with Combe shall be divided into two parish wards which shall bear the names Haccombe Rural and Haccombe Urban.
2
The Haccombe Rural parish ward shall comprise so much of the district ward of Kerswell-with-Combe as comprises the parish of Haccombe with Combe and the Haccombe Urban parish ward shall comprise so much of the district ward of Buckland and Milber as comprises the parish of Haccombe with Combe.
3
The number of councillors to be elected for the Haccombe Rural parish ward shall be six and the number of councillors to be elected for the Haccombe Urban parish ward shall be two.
Wards of the parish of Kingsteignton
6
1
The existing wards of the parish of Kingsteignton shall be abolished.
2
The parish shall be divided into two parish wards which shall bear the names Kingsteignton East and Kingsteignton West.
3
The Kingsteignton East parish ward shall comprise so much of the district ward of Kingsteignton East as comprises the parish of Kingsteignton and the Kingsteignton West parish ward shall comprise so much of the district ward of Kingsteignton West as comprises the parish of Kingsteignton.
4
The number of councillors to be elected for the Kingsteignton East parish ward shall be seven and the number of councillors to be elected for the Kingsteignton West parish ward shall be six.
Wards of the parish of Newton Abbot
7
1
The existing wards of the parish of Newton Abbot shall be abolished.
2
The parish shall be divided into five parish wards which shall bear the names Bradley, Buckland, Bushell, College and Milber; and the wards shall comprise the areas designated on sheet 7 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for each of the Bradley, Bushell and College parish wards shall be four and the number of councillors to be elected for each of the Buckland and Milber parish wards shall be three.
Wards of the parish of Teignmouth
8
1
The existing wards of the parish of Teignmouth shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names Teignmouth Central, Teignmouth East and Teignmouth West; and each ward shall comprise the area of the ward of the district bearing the same name.
3
The number of councillors to be elected for each parish ward shall be four.
Revocation
9
The District of Teignbridge (Electoral Arrangements) Order 1978 is hereby revoked.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Beverley Hughes
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
6th September 1999