text:
PART I
PRELIMINARY
Citation and commencement
1
This Order may be cited as the Wirral Tramway Order 1999 and shall come into force on 30th April 1999.
Interpretation
2
1
In this Order, unless the context otherwise requires–
“the Act of 1961” means the Land Compensation Act 1961 ;
“the Act of 1984” means the Road Traffic Regulation Act 1984 ;
“the Application Rules ” means the Transport and Works (Applications and Objections Procedure) Rules 1992;
“authorised” means authorised by this Order;
“authorised tramroad” and “authorised tramway” mean the tramroads and tramways authorised by this Order;
“authorised works” means the scheduled works and any other works authorised by this Order;
“the borough” means the Metropolitan Borough of Wirral;
“carriageway” has the same meaning as in the Highways Act 1980 ;
“the Council” means the Council of the borough;
“the deposited plan” means the plan described in rule 7(1)(a) and rule 7(3) of the Applications Rules prepared in connection with the application for this Order and certified by the Secretary of State as “the deposited plan” for the purposes of the Order and references to land shown on that plan are references to the land so shown in pursuance of that rule;
“highway” and “highway authority” have the same meaning as in the Highways Act 1980;
“maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace and “maintenance” shall be construed accordingly;
“reserved track tramway” means any section of a street tramway laid along part of a street which vehicles other than tramcars are deterred or prevented from using;
“the scheduled works” means the works specified in Schedule 1 to this Order;
“the sections” means the sections described in rule 7(2) of the Applications Rules prepared in connection with the application for this Order and certified by the Secretary of State as “the sections” for the purposes of this Order;
“street” includes part of a street;
“street authority”, in relation to a street, has the same meaning as in Part III of the New Roads and Street Works Act 1991 ;
“street tramway” means any part of a tramway which is laid along a street–
whether or not the section of the street in which its rails are laid may be used by other traffic, and
whether the uppermost surface of the rails is level with, or raised above, the surrounding surfaces of the street;
“tramcar” means any vehicle (whether or not used for the carriage of passengers) carried on flanged wheels along the rails of a tramway;
“tramroad” means any part of a tramway which is not a street tramway;
“tramway” means a system of transport used wholly or mainly for the carriage of passengers and employing parallel rails which–
provide support and guidance for vehicles carried on flanged wheels, and
are laid wholly or mainly along a street or in any other place to which the public has access (including a place to which the public has access only on making a payment);
“the undertaker” means the Council;
“vehicle” includes mobile traction unit.
2
References in this Order to rights over land include references to rights to do, or to place and maintain, anything in, on or under land or in the air-space over its surface.
Application of enactments relating to railways
3
1
The following provisions of the Railways Clauses Consolidation Act 1845 shall be incorporated in this Order but shall apply only in relation to the authorised tramroads–
section 24 (penalty for obstructing construction of railway);
section 58 (company to repair roads used by them), except for the words from “and if any question” to the end;
section 61 (company to make sufficient approaches and fences to highways crossing on the level).
2
In those provisions, as incorporated in this Order–
“the company” means the undertaker;
“the railway” means the authorised tramroads and, except where the context otherwise requires, any authorised works ancillary to the authorised tramroads;
“the special Act ” means this Order.
3
The provisions of the Regulation of Railways Act 1840 to 1893, except the provisions of the Regulation of Railways Act 1871 , shall not apply in relation to the authorised tramway.
4
The provisions of the Highway (Railway Crossings) Act 1839 shall not apply in relation to the authorised tramway.
5
Nothing in this article shall be taken as affecting the application to the authorised tramroads of sections 32 to 34 of the Offences Against the Person Act 1861 .
PART II
WORKS PROVISIONS
Principal powers
Power to construct and maintain works
4
1
The undertaker may construct and maintain the combined street tramways and tramroads described in Schedule 1 to this Order.
2
Subject to article 5 below, the scheduled works shall be constructed in the lines or situations shown on the deposited plan and in accordance with the levels shown on the sections.
3
Subject to paragraph (5) below, the undertaker may within the limits of deviation carry out and maintain such of the following works as may be necessary or expedient for the purposes of, in connection with or in consequence of the construction of the scheduled works, namely–
a
works required for, or in connection with, the control of traffic on the authorised tramway;
b
works to alter the position of apparatus, including mains, sewers, drains and cables;
c
works to alter the course of, or otherwise interfere with, non-navigable rivers, streams or watercourses;
d
landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the scheduled works; and
e
works for the benefit or protection of premises affected by the scheduled works.
4
Subject to paragraph (5) below, the undertaker may within the limits of deviation carry out such other works (of whatever nature) as may be necessary or expedient for the purposes of, in connection with or in consequence of the construction of the scheduled works.
5
Paragraphs (3) and (4) above shall not authorise the carrying out or maintenance of works to alter the course of, or otherwise interfere with, navigable rivers or watercourses.
Power to deviate
5
1
In constructing or maintaining any of the scheduled works, the undertaker may–
a
deviate laterally from the lines or situations shown on the deposited plan within the limits of deviation for that work shown on that plan; and
b
deviate vertically from the levels shown on the sections to any extent not exceeding 0.5 metres upwards and to any extent downwards.
2
The undertaker may in constructing or maintaining any of the authorised tramroads or authorised street tramways lay down–
a
double lines of rails in lieu of single lines,
b
single lines of rails in lieu of double lines,
c
interlacing lines of rails in lieu of double or single lines, or
d
double or single lines of rails in lieu of interlacing lines.
3
The power in paragraph (2) above shall not be exercised in the case of any authorised street tramway without the consent of the street authority, but such consent shall not be unreasonably withheld.
Streets
Power to keep apparatus in streets
6
1
The undertaker may, for the purposes of or in connection with the construction, maintenance and use of any authorised street tramway, place and maintain in any street along which the tramway is laid any work, equipment or apparatus including, without prejudice to the generality of the foregoing, foundations, platforms, road islands, substations, electric lines and any electrical or other apparatus.
2
In this article–
a
“apparatus” has the same meaning as in Part III of the New Roads and Street Works Act 1991;
b
“electric line” has the meaning given by section 64(1) of the Electricity Act 1989 ; and
c
the reference to any work, equipment, apparatus or other thing in a street includes a reference to any work, equipment, apparatus or other thing under, over, along or upon the street.
Power to execute street works
7
The undertaker may, for the purpose of exercising the powers conferred by article 6 above and the other provisions of this Order, enter upon any street along which any authorised street tramways are laid and may execute any works required for or incidental to the exercise of those powers including, without prejudice to the generality of the foregoing, breaking up or opening the street, or any sewer, drain or tunnel under it, or tunnelling or boring under the street.
Temporary stopping up of streets
8
1
The undertaker, during and for the purposes of the execution of the authorised works, may temporarily stop up, alter or divert any street and may for any reasonable time–
a
divert the traffic from the street; and
b
subject to paragraph (2) below, prevent all persons from passing along the street.
2
The undertaker shall provide reasonable access for pedestrians going to or from premises abutting on a street affected by the exercise of the powers conferred by this article if there would otherwise be no such access.
3
The undertaker shall not exercise the powers of this article in relation to any street without the consent of the street authority, but such consent shall not be unreasonably withheld.
4
The provisions of the New Roads and Street Works Act 1991 mentioned in paragraph (5) below and any regulations made, or code of practice issued or approved under, those provisions shall apply (with the necessary modifications) in relation to the stopping up, alteration or diversion of a street by the undertaker under the powers conferred by this article where no street works are executed in that street as they would apply if the stopping up, alteration or diversion were occasioned by street works executed in that street by the undertaker.
5
The provisions of the New Roads and Street Works Act 1991 referred to in paragraph (4) above are–
section 54 (advance notice of certain works);
section 55 (notice of starting date of works);
section 59 (general duty of street authority to co-ordinate works);
section 60 (general duty of undertakers to co-operate);
section 69 (works likely to affect other apparatus in the street);
section 76 (liability for cost of temporary traffic regulation);
section 77 (liability for cost of use of alternative route); and
all such other provisions as apply for the purposes of the provisions mentioned above.
Restoration of streets if tramway discontinued
9
If the undertaker permanently ceases to operate any of the authorised street tramways (“the discontinued tramway”), it shall as soon as reasonably practicable and unless otherwise agreed with the street authority–
a
remove from the street in which the discontinued tramway is laid the rails and any other works, equipment and apparatus which have become redundant; and
b
restore, to the reasonable satisfaction of the street authority, the portion of the street along which the discontinued tramway was laid to as good a condition as that in which it was before the tramway was laid.
Agreements with street authorities
10
1
A street authority and the undertaker may enter into agreements with respect to–
a
the construction of any new street (including any structure carrying the street over or under a tramroad) under the powers conferred by this Order;
b
the maintenance of the structure of any bridge or tunnel carrying a street over or under a tramroad;
c
any stopping up, alteration or diversion of a street under the powers conferred by this Order; or
d
the execution in the street of any works referred to in article 7 above.
2
Such an agreement may, without prejudice to the generality of paragraph (1) above–
a
make provision for the street authority to carry out any function under this Order which relates to the street in question; and
b
contain such terms as to payment and otherwise as the parties consider appropriate.
Level crossings
11
1
The undertaker may construct the authorised tramways so as to carry them on the level across the highways specified in Schedule 2 to this Order.
2
The undertaker may provide, maintain and operate at or near any new level crossing such barriers or other protective equipment as the Secretary of State may in writing approve.
3
The undertaker may in the exercise of the powers of this article alter the level of any highway specified in Schedule 2 to this Order.
4
The highway authority may enter into agreements with the undertaker with respect to the construction and maintenance of any new level crossing; and such an agreement may contain such terms as to payment or otherwise as the parties consider appropriate.
5
In this article–
“barrier” includes gate;
“new level crossing” means the place at which an authorised tramroad crosses a highway on the level under the powers conferred by this article;
“protective equipment” includes lights, traffic signs (within the meaning of section 64(1) of the Act of 1984), manual, mechanical, automatic, electrical and telephonic equipment and other devices.
Supplemental
Attachment of equipment to buildings for purposes of tramway
12
1
Subject to the following provisions of this article, the undertaker may affix to any building any brackets, cables, wires, insulators and other apparatus required in connection with the authorised tramway.
2
The undertaker shall not under this article affix any apparatus to a building without the consent of the relevant owner of the building; and such consent may be given subject to reasonable conditions (including, where appropriate, the payment of rent) but shall not be unreasonably withheld.
3
Where–
a
the undertaker serves on the relevant owner of a building a notice requesting the owners’s consent to the affixing of specified apparatus to the building; and
b
the relevant owner does not within the period of 56 days beginning with the date upon which the notice is served give his consent unconditionally or gives it subject to conditions or refuses it,
the consent shall be deemed to have been withheld.
4
Where apparatus is affixed to a building under this article–
a
any owner for the time being of the building may serve on the undertaker not less than 28 days notice requiring the undertaker at its own expense temporarily to remove the apparatus during any reconstruction or repair of the building if such removal is reasonably necessary for that purpose; and
b
the undertaker shall have the right, as against any person having an interest in the building, to maintain the apparatus.
5
The undertaker shall pay compensation to the owners and occupiers of the building for any loss or damage sustained by them by reason of the exercise of the powers conferred by paragraphs (1) and (4)(b) above; and any dispute as to a person’s entitlement to compensation, or as to the amount of the compensation, shall be determined under Part I of the Act of 1961.
6
In this article–
“building” includes any structure and a bridge or aqueduct over the street; and
“relevant owner”–
in relation to a building occupied under a lease or tenancy having an unexpired term exceeding 5 years, means the occupier of the building; or
in relation to any other building, means the person for the time being receiving the rack rent of the building whether on his own account or as agent or trustee for any other person, or who would so receive it if the building were let at a rack rent.
Mode of construction, maintenance and operation of tramway
13
1
The authorised tramway shall be operated by electricity or, in an emergency or for the purposes of maintenance, by diesel power or other means.
2
The authorised tramway shall be constructed on a nominal gauge of 1,435 millimeters.
3
The authorised street tramways (other than any reserved track tramways) shall be so constructed and maintained as to ensure that the uppermost surface of the rails is level with the surrounding surfaces of the street in which they are laid.
PART III
TEMPORARY POSSESSION OF LAND
Temporary use of land for construction of works
14
1
The undertaker may, in connection with the carrying out of the authorised works–
a
enter upon and take temporary possession of the land specified in columns (1) and (2) of Schedule 3 to this Order for the purpose specified in relation to that land in column (3) of that Schedule relating to the authorised works specified in column (4) of that Schedule;
b
remove any buildings and vegetation from that land; and
c
construct temporary works (including the provision of means of access) and buildings on the land.
2
Not less than 28 days before entering upon and taking temporary possession of land under this article the undertaker shall serve notice of the intended entry on the owners and occupiers of the land.
3
The undertaker may not, without the agreement of the owners of the land, remain in possession of any land under this article after the end of the period of one year beginning with the date of completion of the work or works specified in relation to that land in column (4) of Schedule 3 to this Order.
4
Before giving up possession of land of which temporary possession has been taken under this article, the undertaker shall remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land; but the undertaker shall not be required to replace a building removed under this article.
5
The undertaker shall pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the powers conferred by this article.
6
Any dispute as to a person’s entitlement to compensation under paragraph (5) above, or as to the amount of the compensation shall be determined under Part I of the Act of 1961.
7
Nothing in this article shall affect any liability to pay compensation under section 10(2) of the Compulsory Purchase Act 1965 or under any other enactment in respect of loss or damage arising from the execution of any works, other than loss or damage for which compensation is payable under paragraph (5) above.
8
Where the undertaker takes possession of land under this article, it shall not be required to acquire the land or any interest in it.
9
In this article “building” includes structure or any other erection.
Temporary use of land for maintenance of works
15
1
At any time during the maintenance period relating to any of the scheduled works, the undertaker may–
a
enter upon and take temporary possession of any land within 10 metres from that work if such possession is reasonably required for the purpose of, or in connection with, maintaining the work or any ancillary works connected with it;
b
construct such temporary works (including the provision of means of access) and buildings on the land as may be reasonably necessary for that purpose.
2
Paragraph (1) above shall not authorise the undertaker to take temporary possession of–
a
any house or garden belonging to a house; or
b
any building (other than a house) if it is for the time being occupied.
3
Not less than 28 days before entering upon and taking temporary possession of land under this article the undertaker shall serve notice of the intended entry on the owners and occupiers of the land.
4
The undertaker may only remain in possession of land under this article for so long as may be reasonably necessary to carry out the maintenance works for which possession of the land was taken.
5
Before giving up possession of land of which temporary possession has been taken under this article, the undertaker shall remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land.
6
The undertaker shall pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the powers conferred by this article.
7
Any dispute as to a person’s entitlement to compensation under paragraph (6) above, or as to the amount of the compensation, shall be determined under Part I of the Act of 1961.
8
Nothing in this article shall affect any liability to pay compensation under section 10(2) of the Compulsory Purchase Act 1965 or under any other enactment in respect of loss or damage arising from the execution of any works, other than loss or damage for which compensation is payable under paragraph (6) above.
9
Where the undertaker takes possession of land under this article, it shall not be required to acquire the land or any interest in it.
10
In this article–
a
“the maintenance period”, in relation to a scheduled work, means the period of 5 years beginning with the date on which the work is opened for use;
b
“building” includes structure or any other erection; and
c
any reference to land within a specified distance of a work includes, in the case of a work under the surface of the ground, a reference to land within the specified distance of the point on the surface below which the work is situated.
PART IV
OPERATION OF TRAMWAY SYSTEM
Power to operate and use tramway system
16
1
The undertaker may operate and use the authorised tramway and the other authorised works as a system, or part of a system, of transport for the carriage of passengers and goods.
2
Subject to paragraph (4) below and to article 28 below, the undertaker shall, for the purpose of operating the tramway, have the exclusive right–
a
to use the rails, foundations, cables, masts, overhead wires and other apparatus used for the operation of the tramway; and
b
to occupy any part of the street in which that apparatus is situated.
3
Any person who, without the consent of the undertaker or other reasonable excuse, uses the apparatus mentioned in paragraph (2) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
4
Nothing in this article shall restrict the exercise of any public right of way over any part of a street in which apparatus is situated in pursuance of paragraph (2) above except to the extent that the exercise of the right is constrained by the presence of the apparatus.
Maintenance of approved works etc.
17
1
Where pursuant to regulations made under section 41 of the Act (approval of works, plant and equipment) approval has been obtained from the Secretary of State with respect to any works, plant or equipment (including vehicles) forming part of the authorised tramway, such works, plant and equipment shall not be used in a state or condition other than that in which they were at the time that the approval was given unless any change thereto does not materially impair the safe operation of the authorised tramway.
2
If without reasonable cause the provisions of paragraph (1) above are contravened, the undertaker shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
3
No proceedings shall be instituted in England and Wales in respect of an offence under this article except by or with the consent of the Secretary of State or the Director of Public Prosecutions.
Power to charge fares
18
The undertaker may demand, take and recover or waive such charges for carrying passengers or goods on the authorised tramway, or for any other services or facilities provided in connection with the operation of the authorised tramway, as it thinks fit.
Removal of obstructions
19
1
If any obstruction is caused to tramcars using the authorised tramway by a vehicle waiting, loading, unloading or breaking down on any part of the tramway, the person in charge of the vehicle shall forthwith remove it; and if he fails to do so the undertaker may take all reasonable steps to remove the obstruction and may recover the expenses reasonably incurred in doing so from–
a
any person by whom the vehicle was put or left so as to become an obstruction to tramcars; or
b
any person who was the owner of the vehicle at that time unless he shows that he was not, at that time, concerned in or aware of the vehicle being so put or left.
2
If any obstruction is caused to tramcars using the authorised tramways by a load falling on the tramway from a vehicle, the person in charge of the vehicle shall forthwith remove the load from the tramway; and if he fails to do so, the undertaker may take all reasonable steps to remove the load and may recover the expenses reasonably incurred in doing so from–
a
any person who was in charge of the vehicle at the time when the load fell from it; or
b
any person who was the owner of the vehicle at that time, unless he shows that he was not concerned in or aware of the vehicle being in the place at which the load fell from it.
3
For the purposes of this article the owner of a vehicle shall be taken to be the person by whom the vehicle is kept; and in determining for those purposes who was the owner of a vehicle at any time, it shall be presumed (unless the contrary appears) that the owner was the person in whose name the vehicle was at that time registered under the Vehicle Excise and Registration Act 1994
Traffic control
20
1
The undertaker may, for the purposes of, or in connection with the operation of, the authorised street tramways, place or maintain traffic signs of a type prescribed by regulations made under section 64(1)(a) of the Act of 1984 or of a character authorised by the Secretary of State on or near any street along which the authorised street tramways are laid.
2
The undertaker shall consult the traffic authority as to the placing of signs.
3
Any power conferred by section 65 of the Act of 1984 to give directions to a traffic authority or local traffic authority as to traffic signs shall include a power to give directions to the undertaker as to traffic signs under this article; and accordingly, the powers conferred by paragraph (1) above shall be exercisable subject to and in conformity with any directions given under that section.
4
A traffic authority or other authority having power under or by virtue of the Act of 1984 to place and maintain, or cause to be placed and maintained, traffic signs on or near any street along which the authorised street tramways are laid shall consult with the undertaker as to the placing of any traffic sign which would affect the operation of the authorised street tramways.
5
Tramcars shall be taken to be public service vehicles for the purposes of section 122(2)(c) of the Act of 1984.
6
Expressions used in this article and in the Act of 1984 shall have the same meaning in this article as in that Act.
Power to lop trees overhanging tramway
21
1
The undertaker may fell or lop any tree or shrub near any part of the authorised tramway, or cut back its roots, if it reasonably believes it to be necessary to do so to prevent the tree or shrub–
a
from obstructing or interfering with the construction, maintenance or operation of the tramway or any apparatus used for the purposes of the tramway; or
b
from constituting a danger to passengers or other persons using the tramway.
2
In exercising the powers of paragraph (1) above, the undertaker shall do no unnecessary damage to any tree or shrub and shall pay compensation to any person for any loss or damage arising from the exercise of those powers.
3
Any dispute as to a person’s entitlement to compensation under paragraph (2) above, or as to the amount of the compensation, shall be determined under Part I of the Act of 1961.
Trespass on tramroads
22
1
Any person who–
a
trespasses on any tramroad to which this article relates; or
b
trespasses upon any land of the undertaker in dangerous proximity to the tramroads to which this article relates or to any electrical or other apparatus used for or in connection with the operation of the tramroads to which this article relates;
shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
2
No person shall be convicted of an offence under this article unless it is shown that a notice warning the public not to trespass upon the tramroads was clearly exhibited and maintained at the station or other stopping place on the authorised tramway nearest the place where the offence is alleged to have been committed.
3
This article relates to the authorised tramroads and to the tramroads authorised by the Wirral Tramway Light Railway Order 1994 .
Power to make byelaws
23
1
The undertaker may make byelaws regulating the use and operation of, and travel on, the authorised tramway, the maintenance of order on the complete tramway and on tramway premises or other facilities provided in connection with the complete tramway and the conduct of all persons including employees of the undertaker while on tramway premises.
2
Without prejudice to the generality of paragraph (1) above, byelaws under this article may make provision–
a
with respect to tickets issued for travel on the complete tramway, the payment of fares and charges and the evasion of payment of fares and charges;
b
with respect to interference with, or obstruction of, the operation of the complete tramway or other facilities provided in connection with the complete tramway;
c
with respect to the prevention of nuisances on tramway premises;
d
for regulating the passage of bicycles and other vehicles on ways and other places intended for the use of persons on foot within tramway premises;
e
for the safe custody and re-delivery or disposal of any property accidentally left on tramway premises and for fixing the charges made in respect of any such property; and
f
for prohibiting or restricting the placing or leaving of any vehicle without its driver on any part of the complete tramway or on tramway premises.
3
In this article, “the complete tramway” means the authorised tramway and the tramway authorised by the Wirral Tramway Light Railway Order 1994, and references to “tramway premises” are references to premises of the undertaker used for or in connection with the operation of the complete tramway but do not include references to the inside of a tramcar or premises within the boundary of a street.
4
Byelaws under this article may provide for it to be an offence for a person to contravene, or to fail to comply with, a provision of the byelaws and for such a person to be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
5
Without prejudice to the taking of proceedings for an offence included in byelaws by virtue of paragraph (4) above, if the contravention of, or failure to comply with, any byelaw under this article is attended with danger or annoyance to the public, or hindrance to the undertaker in the operation of the tramway, the undertaker may summarily take action to obviate or remove the danger, annoyance or hindrance.
6
Byelaws under this article shall not come into operation until they have been confirmed by the Secretary of State.
7
At least 28 days before applying for any byelaws to be confirmed under this article, the undertaker shall publish in such manner as may be approved by the Secretary of State a notice of its intention to apply for the byelaws to be confirmed and of the place at which and the time during which a copy of the byelaws will be open to public inspection; and any person affected by any of the byelaws may make representations on them to the Secretary of State within a period specified in the notice, being a period of not less than 28 days.
8
For at least 24 days before an application is made under this article for byelaws to be confirmed, a copy of the byelaws shall be kept at the principal office of the undertaker and shall at all reasonable hours be open to public inspection without payment.
9
The undertaker shall, at the request of any person, supply him with a copy of any such byelaws on payment of such reasonable sum as the undertaker may determine.
10
The Secretary of State may confirm with or without modification, or may refuse to confirm, any of the byelaws submitted under this article for confirmation and, as regards any byelaws so confirmed, may fix a date on which the byelaws shall come into operation; and if no date is so fixed the byelaws shall come into operation after the expiry of 28 days after the date on which they were confirmed.
11
The Secretary of State may charge the undertaker such fees in respect of any byelaws submitted for confirmation under this article as he may consider appropriate for the purpose of defraying any administrative expenses incurred by him in connection therewith.
12
A copy of the byelaws when confirmed shall be printed and deposited at the principal office of the undertaker and shall at all reasonable hours be open to public inspection without payment, and the undertaker shall, at the request of any person, supply him with a copy of any such byelaws on payment of such reasonable sum as the undertaker shall determine.
13
The production of a printed copy of byelaws confirmed under this article on which is endorsed a certificate purporting to be signed by a person duly authorised by the undertaker stating–
a
that the byelaws were made by the undertaker;
b
that the copy is a true copy of the byelaws;
c
that on a specified date the byelaws were confirmed by the Secretary of State; and
d
the date when the byelaws came into operation;
shall be prima facie evidence of the facts stated in the certificate.
Power to contract for police services
24
1
Agreements may be made–
a
between the undertaker and the chief officer of police of any police force and the police authority; or
b
between the undertaker and the British Railways Board,
for making available to the undertaker for the purposes of the operation of its tramway undertaking the services of members of the police force or, as the case may be, members of the British Transport Police Force.
2
Any such agreement may be made on such terms as to payment or otherwise, and subject to such conditions, as may be specified in the agreement.
3
Where such an agreement has been made between the undertaker and the British Railways Board, members of the British Transport Police Force may act, in accordance with the terms of the agreement, as constables in, on or in the vicinity of any tramway premises or other facilities used in connection with the authorised tramway notwithstanding the provisions of section 53(1) of the British Transport Commission Act 1949 (which restricts them to acting in, on or in the vicinity of premises belonging to or leased to or worked by the British Railways Board etc.).
4
In this article–
a
“chief officer of police”, “police authority” and “police force” have the same meaning as in the Police Act 1964 ;
b
the British Transport Police Force means the force organised under the scheme set out in the Schedule to the British Transport Police Scheme 1963 (Approval) Order 1964 made under section 69 of the Transport Act 1962 ; and
c
the reference to “tramway premises” is a reference to premises of the undertaker used for or in connection with the operation of the authorised tramway and includes a reference to the inside of a tramcar.
PART V
PROTECTIVE PROVISIONS
For the protection of British Telecommunications plc
25
For the protection of BT the following provisions shall, unless otherwise agreed in writing between the undertaker and BT, apply and have effect:–
1
In this article–
“BT” means British Telecommunications plc;
“operator” and “telecommunication apparatus” have the same meanings as in Schedule 4 to the Telecommunications Act 1984 .
2
The temporary stopping up or diversion of any street under article 8 above shall not affect any right of BT under paragraph 9 of the Telecommunications Code, contained in Schedule 2 to the Telecommunications Act 1984, in respect of any telecommunication apparatus which at the time of the temporary stopping up or diversion is in that street.
3
If BT suffers damage in consequence of the construction, use or failure of the works or any subsidence resulting from the works, the undertaker shall pay the cost reasonably incurred by BT in making good such damage, and shall indemnify the telecommunications operator against claims, demands, proceedings, costs, damages and expenses which may be made or taken against or recovered from or incurred by BT by reason or in consequence of any such damage, but–
a
nothing in this paragraph shall impose any liability on the undertaker with respect to any damage to the extent that such damage is attributable to any act or omission of BT, its officers, servants, contractors or other agents; and
b
BT shall give to the undertaker reasonable notice of any claim or demand as aforesaid and shall make no settlement or compromise thereof without the consent of the undertaker, such consent not to be unreasonably withheld or delayed.
4
The undertaker shall not use electrical power in such a manner as to cause or be likely to cause any interference with telecommunication apparatus or with telecommunication by means of such apparatus, and the undertaker shall indemnify BT against claims, demands, proceedings, costs, damages and expenses which may be made or taken against or recovered from or incurred by BT by reason or in consequence of such interference, but–
a
nothing in this paragraph shall impose any liability on the undertaker with respect to any interference to the extent that such interference is attributable to any act or omission of BT, its officers, servants, contractors or other agents; and
b
BT shall give to the undertaker reasonable notice of any claim or demand as aforesaid and shall make no settlement or compromise thereof without the consent of the undertaker, such consent not to be unreasonably withheld or delayed.
5
Nothing in this Order shall affect any right of BT under Schedule 2 to the Telecommunications Act 1984.
For the protection of public electricity suppliers
26
1
In this article “apparatus” means any electric line or electrical plant as respectively defined by section 64 of the Electricity Act 1989 .
2
Nothing in this Order shall prejudice or affect the rights of any public electricity supplier, within the meaning of Part I of the Electricity Act 1989, in any apparatus belonging to them, or for the maintenance of which they are responsible, or any structure for the lodging therein of apparatus, being any apparatus or structure situate in, over or under lands in or upon or near to which the authorised tramway or any part thereof may be constructed.
3
Before commencing any works authorised by this Order under or over or which will or may affect any apparatus belong to a public electricity supplier or for the maintenance of which a public electricity supplier is responsible the undertaker shall give to the public electricity supplier not less than 28 days notice in writing accompanied by a plan and section of the proposed work and such work shall be executed only in accordance with the plan and section submitted, and in accordance with such reasonable requirements (including those already agreed between the Council and the public electricity supplier) as may be made by the public electricity supplier for the protection of the apparatus, or for securing access thereto.
4
If by reason or in consequence of the execution or user of any of the works authorised by this Order any damage to any apparatus or any interruption in supply of electricity by a public electricity supplier shall be caused, the undertaker shall bear and pay the cost reasonably incurred by the public electricity supplier in making good such damages or in restoring the supply of electricity and shall make reasonable compensation to the public electricity supplier for any loss sustained by it and indemnify the public electricity supplier from and against all claims in respect of any such damage or interruption.
For the protection of public gas transporters
27
1
Nothing in this Order shall prejudice or affect the statutory or other rights of any public gas transporter in or relating to any pipe, main or apparatus belonging to them or for the maintenance of which they are responsible or any structure for the lodging therein of any pipe, main or apparatus being any pipe, main or apparatus or structure situate under, over or upon lands in or upon or near to which the authorised tramway or any part thereof is or may be constructed.
2
Before commencing any works authorised by this Order under or over or which will or may affect any pipe, main or apparatus or structure belonging to a public gas transporter or for the maintenance of which a public gas transporter is responsible the undertaker shall give to the public gas transporter not less than 28 days' notice in writing accompanied by a plan and section of the proposed work and such work shall be executed only in accordance with the plan and section submitted and in accordance with such reasonable requirements as may be made by the public gas transporter for the protection of the pipe, main or apparatus or structure or for securing access thereto.
3
The undertaker shall provide reasonable facilities at any time for the public gas transporter to monitor, inspect and supervise the execution of the authorised works and shall permit the public gas transporter to gain access to any of its pipes, mains or apparatus or structures at all times.
4
Where a street is to be temporarily stopped up, altered or diverted pursuant to article 8 above–
a
the undertaker shall give notice in writing to the public gas transporters such notice being not less than 28 days;
b
the temporary stopping up, alteration or diversion of any street pursuant to article 8 above shall not affect any right of access enjoyed by a public gas transporter to use, inspect, maintain, adjust, repair or alter any pipe, main or apparatus or structure which at the time of the temporary stopping up, alteration or diversion is in the street.
5
Where in connection with the authorised works, works are reasonably required for the relocation by a public gas transporter of such of its pipes, mains or apparatus or structures (whether or not such works are necessary because of the temporary stopping up of any street pursuant to article 8 above)–
a
the undertaker shall pay to the public gas transporter an amount equal to the cost reasonably incurred by the public gas transporter in or in connection with–
a
the execution of the said relocation works;
b
the doing of any other work or thing rendered necessary by the relocation works;
b
in the event that the public gas transporter in removing or diverting any pipe, main or apparatus or structure reasonably requires to carry out works on land held or owned or intended for use by the undertaker for the purpose of the authorised works, the provisions of the New Roads and Street Works Act 1991 with respect to the public gas transporter’s rights and duties with respect to its apparatus in a street shall apply notwithstanding that the said land is not part of a street.
6
If by reason or in consequence of the execution or use of any of the works authorised by this Order any damage is caused to any pipe, main or apparatus or structure of a public gas transporter or to any property of a public gas transporter or there is interruption in the conveyance of gas to any property by the public gas transporter the undertaker shall bear and pay the costs reasonably incurred by the public gas transporter in making good such damage or in restoring such conveyance of gas and the undertaker shall make reasonable compensation to the public gas transporter for any loss sustained by it and indemnify the public gas transporter from and against all claims, demands, costs, proceedings, damages and expenses which may be made or recovered from or incurred by the public gas transporter by reason of or in consequence of any such damage or interruption or the exercise by the undertaker of the powers of this Order.
7
In this article, “public gas transporter” has the meaning given by section 7 of the Gas Act 1986 .
PART VI
MISCELLANEOUS AND GENERAL
Power to lease or charge tramway system
28
1
The undertaker may, with the consent of the Secretary of State–
a
grant to another person (“the lessee”) for a period agreed between the undertaker and the lessee the right to operate the authorised tramway (or any part of it) and such related statutory rights as may be so agreed; or
b
grant to another person (“the chargee”) a charge on the right to operate the authorised tramway (or any part of it) and such related statutory rights as may be agreed between the undertaker and the chargee.
2
The terms of any agreement made by virtue of paragraph (1) above shall be subject to the approval of the Secretary of State.
3
Where an agreement is made by virtue of paragraph (1) above references in this Order to the undertaker shall, if and to the extent that the agreement so provides, have effect as references to the lessee or, as the case may be, chargee.
Certification of plans etc.
29
The undertaker shall, as soon as practicable after the making of this Order, submit copies of the sections and the deposited plan to the Secretary of State for certification that they are, respectively, true copies of the sections and plan referred to in this Order; and a document so certified shall be admissible in any proceedings as evidence of its contents.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions.
A.S.D. Whybrow
Head of Charging and Local Transport Division,
Department of the Environment, Transport and the Regions
9th April 1999


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Environment Protection (Overseas Territories) (Amendment) Order 1999 and shall come into force on 9th April 1999.
2
The Environment Protection (Overseas Territories) Order 1988 shall be amended by adding to Schedule 2 (which specifies the Territories to which that Order applies) the following entries:
British Antarctic Territory
British Indian Ocean Territory.
3
In its extension and application to the British Antarctic Territory and the British Indian Ocean Territory by virtue of article 2 above, the following shall be substituted for section 14 of the Food and Environment Protection Act 1985, as set out in Schedule 1 to the said Order of 1988:
Duty of Governor to supply information relating to licences issued
14
The Governor shall furnish to any person, on payment of such reasonable fee as the Governor may determine, the particulars, in respect of any licence issued by him under section 5 or section 6 above, that are specified in relation to that licence in Part I or Part II of Schedule 4 to this Act.
A. K. Galloway
Clerk of the Privy Council


text:
1
This Order may be cited as the Registration of Political Parties Act 1998 (Commencement) Order 1999.
2
Sections 13, 14 and 15 of, and Schedule 2 and paragraph 3 of Schedule 3 to, the Registration of Political Parties Act 1998 shall come into force on 24th March 1999.
George Howarth
Parliamentary Under-Secretary of State
Home Office
17th February 1999


text:
Citation and commencement
1
1
This Order may be cited as the Scottish Ambulance Service Board Order 1999.
2
This Order shall come into force on 1st April 1999.
Interpretation
2
1
For the purposes of this Order unless the context otherwise requires–
“ the Act ” means the National Health Service (Scotland) Act 1978;
“the Board” means the Special Health Board, to be known by the name of the Scottish Ambulance Service Board, which is constituted by this Order.
2
In this Order unless the context otherwise requires, a reference to an article or Schedule is to an article of, or the Schedule to, this Order and a reference to a paragraph is to a paragraph of the article in which the reference is made.
Constitution, name and area of the Board
3
There is hereby constituted a Special Health Board for the whole of Scotland to be known by the name of the Scottish Ambulance Service Board.
Functions of the Board
4
1
The Board shall exercise the following functions of the Secretary of State namely:–
a
the function specified in section 45 of the Act of providing ambulances and other means of transport for the conveyance of persons suffering from illness or of expectant or nursing mothers or of other persons for whom such transport is reasonably required to avail themselves of any service under the Act;
b
functions specified in paragraph (2) subject, however, to any limitations there specified.
2
The functions specified in this paragraph are as follows:–
a
the power of the Secretary of State to assist voluntary organisations under section 16 of the Act ;
b
the power of the Secretary of State under section 16B of the Act to give financial assistance to voluntary organisations limited to assistance to such organisations whose activities consist in or include the provision of services similar to services provided by the Board or for the provision of which the Board is under a duty to make arrangements by virtue of the Act and the assistance so given is given on such terms and conditions as the Secretary of State with the approval of the Treasury might determine;
c
the duty of the Secretary of State under section 36(1) of the Act to provide throughout Scotland, to such extent as the Board considers necessary to meet all reasonable requirements for accommodation and associated services;
d
the duty of the Secretary of State under section 37 of the Act to make arrangements to such extent as the Board considers necessary to meet all reasonable requirements for the purposes of the prevention of illness, the care of persons suffering from such illness or the after-care of such persons;
e
the power of the Secretary of State under section 42 of the Act to disseminate information relating to the promotion and maintenance of health and the prevention of illness;
f
the duty of the Secretary of State under section 47 of the Act to make available such facilities as appear to the Board to be reasonably necessary for undergraduate and post-graduate clinical teaching and research and for the education and training of persons providing or intending to provide services under the Act and to conduct or assist by grants or otherwise under that section research into any matters relating to the causation, prevention, diagnosis or treatment of illness, or into other matters relating to the health service;
g
the power of the Secretary of State under section 48 of the Act to provide on such terms and conditions as may be agreed residential accommodation for officers employed for the purposes of any functions of the Board under this Order, including residential and practice accommodation for medical and dental practitioners;
h
the powers of the Secretary of State under section 79(1) of the Act to take on lease or to purchase moveable property and land which is required for the purposes of the Board and to use for those purposes and manage any heritable or moveable property so acquired;
i
the powers of the Secretary of State under subsection (1A) of section 79 of the Act to dispose of land no longer required for the purposes of the Board disregarding so much of that subsection as relates to the function of the Secretary of State to authorise certain officers to execute instruments on his behalf;
j
the power of the Secretary of State under paragraph 4 of Schedule 1 to the Act , as applied in relation to the Board by article 5, to pay remuneration to the Chairman of the Board and to such other members thereof as may be prescribed so, however, that this sub-paragraph shall not be construed as extending to the power to determine the remuneration or to prescribe the members to whom it may be paid;
k
the power of the Secretary of State under paragraph 13 of Schedule 1 to the Act, as applied in relation to the Board by article 5, to pay to members of the Board, and any committees and sub-committees thereof, travelling and other allowances so however, that this sub-paragraph shall not be construed as extending to the power to determine the amount of such allowances; and
l
the duty of the Secretary of State under paragraph 23 of Schedule 7A to the Act to remunerate an NHS trust in respect of the provision of goods and services in accordance with that paragraph, but not including the power of the Secretary of State to determine the rate or rates appropriate for such remuneration.
3
In exercising any functions of the Secretary of State to acquire, use, manage or dispose of land the Board shall ensure–
a
that any instrument in connection with the exercise of those functions is in the name of the Secretary of State for Scotland and not that of the Board; and
b
that, where any such instrument requires to be executed on his behalf by the Secretary of State for Scotland and it is not executed in accordance with section 1(8) of the Reorganisation of Offices (Scotland) Act 1939 , it is executed on his behalf in accordance with section 79(1A) of the Act.
Application of enactments
5
1
Each of the enactments specified in column 1 of each Part of the Schedule (the subject matter of which is described generally in column 2) shall apply in relation to the Board as it applies in relation to Health Boards subject, however, to the modifications and limitations (if any) specified opposite thereto in column 3 and to paragraph (2).
2
The enactments which are applied in relation to the Board by virtue of paragraph (1) are so applied only for the purposes of the exercise by the Board of the functions conferred on it by this Order.
Sam Galbraith
Minister for Health, Scottish Office
St Andrew’s House,
Edinburgh
4th March 1999


text:
1
This Order may be cited as the Value Added Tax (Sport, Sports Competitions and Physical Education) Order 1999 and shall come into force on 1st January 2000 and shall have effect in relation to supplies made on or after that date.
2
Group 10 (Sport, Sports Competitions and Physical Education) of Schedule 9 to the Value Added Tax Act 1994 shall be varied as follows.
3
In Items 2 and 3 and Notes (1), (2) and (3) for the words “a non-profit making body” there shall be substituted “an eligible body”.
4
After Note (2) there shall be inserted–
2A
Subject to Notes (2C) and (3), in this Group “eligible body” means a non-profit making body which–
a
is precluded from distributing any profit it makes, or is allowed to distribute any such profit by means only of distributions to a non-profit making body;
b
applies in accordance with Note (2B) any profits it makes from supplies of a description within Item 2 or 3; and
c
is not subject to commercial influence.
2B
For the purposes of Note (2A)(b) the application of profits made by any body from supplies of a description within Item 2 or 3 is in accordance with this Note only if those profits are applied for one or more of the following purposes, namely–
a
the continuance or improvement of any facilities made available in or in connection with the making of the supplies of those descriptions made by that body;
b
the purposes of a non-profit making body.
2C
In determining whether the requirements of Note (2A) for being an eligible body are satisfied in the case of any body, there shall be disregarded any distribution of amounts representing unapplied or undistributed profits that falls to be made to the body’s members on its winding-up or dissolution.
.
5
After Note (3) there shall be inserted–
4
For the purposes of this Group a body shall be taken, in relation to a sports supply, to be subject to commercial influence if, and only if, there is a time in the relevant period when–
a
a relevant supply was made to that body by a person associated with it at that time;
b
an emolument was paid by that body to such a person;
c
an agreement existed for either or both of the following to take place after the end of that period, namely–
i
the making of a relevant supply to that body by such a person; or
ii
the payment by that body to such a person of any emoluments.
5
In this Group “the relevant period”, in relation to a sports supply, means–
a
where that supply is one made before 1st January 2003, the period beginning with 14th January 1999 and ending with the making of that sports supply; and
b
where that supply is one made on or after 1st January 2003, the period of three years ending with the making of that sports supply.
6
Subject to Note (7), in this Group “relevant supply”, in relation to any body, means a supply falling within any of the following paragraphs–
a
the grant of any interest in or right over land which at any time in the relevant period was or was expected to become sports land;
b
the grant of any licence to occupy any land which at any such time was or was expected to become sports land;
c
the grant, in the case of land in Scotland, of any personal right to call for or be granted any such interest or right as is mentioned in paragraph (a) above;
d
a supply arising from a grant falling within paragraph (a), (b) or (c) above, other than a grant made before 1st April 1996;
e
the supply of any services consisting in the management or administration of any facilities provided by that body;
f
the supply of any goods or services for a consideration in excess of what would have been agreed between parties entering into a commercial transaction at arm’s length.
7
A supply which has been, or is to be or may be, made by any person shall not be taken, in relation to a sports supply made by any body, to be a relevant supply for the purposes of this Group if–
a
the principal purpose of that body is confined, at the time when the sports supply is made, to the provision for employees of that person of facilities for use for or in connection with sport or physical recreation, or both;
b
the supply in question is one made by a charity or local authority or one which (if it is made) will be made by a person who is a charity or local authority at the time when the sports supply is made;
c
the supply in question is a grant falling within Note (6)(a) to (c) which has been made, or (if it is made) will be made, for a nominal consideration;
d
the supply in question is one arising from such a grant as is mentioned in paragraph (c) above and is not itself a supply the consideration for which was, or will or may be, more than a nominal consideration; or
e
the supply in question–
i
is a grant falling within Note (6)(a) to (c) which is made for no consideration; but
ii
falls to be treated as a supply of goods or services, or (if it is made) will fall to be so treated, by reason only of the application, in accordance with paragraph 9 of Schedule 4, of paragraph 5 of that Schedule.
8
Subject to Note (10), a person shall be taken, for the purposes of this Group, to have been associated with a body at any of the following times, that is to say–
a
the time when a supply was made to that body by that person;
b
the time when an emolument was paid by that body to that person; or
c
the time when an agreement was in existence for the making of a relevant supply or the payment of emoluments,
if, at that time, or at another time (whether before or after that time) in the relevant period, that person was an officer or shadow officer of that body or an intermediary for supplies to that body.
9
Subject to Note (10), a person shall also be taken, for the purposes of this Group, to have been associated with a body at a time mentioned in paragraph (a), (b) or (c) of Note (8) if, at that time, he was connected with another person who in accordance with that Note–
a
is to be taken to have been so associated at that time; or
b
would be taken to have been so associated were that time the time of a supply by the other person to that body.
10
Subject to Note (11), a person shall not be taken for the purposes of this Group to have been associated with a body at a time mentioned in paragraph (a), (b) or (c) of Note (8) if the only times in the relevant period when that person or the person connected with him was an officer or shadow officer of the body are times before 1st January 2000.
11
Note (10) does not apply where (but for that Note) the body would be treated as subject to commercial influence at any time in the relevant period by virtue of–
a
the existence of any agreement entered into on or after 14th January 1999 and before 1st January 2000; or
b
anything done in pursuance of any such agreement.
12
For the purposes of this Group a person shall be taken, in relation to a sports supply, to have been at all times in the relevant period an intermediary for supplies to the body making that supply if–
a
at any time in that period either a supply was made to him by another person or an agreement for the making of a supply to him by another was in existence; and
b
the circumstances were such that, if–
i
that body had been the person to whom the supply was made or (in the case of an agreement) the person to whom it was to be or might be made; and
ii
Note (7) above were to be disregarded to the extent (if at all) that it would prevent the supply from being a relevant supply, the body would have fallen to be regarded in relation to the sports supply as subject to commercial influence.
13
In determining for the purposes of Note (12) or this Note whether there are such circumstances as are mentioned in paragraph (b) of that Note in the case of any supply, that Note and this Note shall be applied first for determining whether the person by whom the supply was made, or was to be or might be made, was himself an intermediary for supplies to the body in question, and so on through any number of other supplies or agreements.
14
In determining for the purposes of this Group whether a supply made by any person was made by an intermediary for supplies to a body, it shall be immaterial that the supply by that person was made before the making of the supply or agreement by reference to which that person falls to be regarded as such an intermediary.
15
Without prejudice to the generality of subsection (1AA) of section 43, for the purpose of determining–
a
whether a relevant supply has at any time been made to any person;
b
whether there has at any time been an agreement for the making of a relevant supply to any person; and
c
whether a person falls to be treated as an intermediary for the supplies to any body by reference to supplies that have been, were to be or might have been made to him,
references in the preceding Notes to a supply shall be deemed to include references to a supply falling for other purposes to be disregarded in accordance with section 43(1)(a).
16
In this Group–
“agreement” includes any arrangement or understanding (whether or not legally enforceable);
“emolument” means any emolument (within the meaning of the Income Tax Acts) the amount of which falls or may fall, in accordance with the agreement under which it is payable, to be determined or varied wholly or partly by reference–
to the profits from some or all of the activities of the body paying the emolument; or
to the level of that body’s gross income from some or all of its activities;
“employees”, in relation to a person, includes retired employees of that person;
“grant” includes an assignment or surrender;
“officer”, in relation to a body, includes–
a director of a body corporate; and
any committee member or trustee concerned in the general control and management of the administration of the body;
“shadow officer”, in relation to a body, means a person in accordance with whose directions or instructions the members or officers of the body are accustomed to act;
“sports land”, in relation to any body, means any land used or held for use for or in connection with the provision by that body of facilities for use for or in connection with sport or physical recreation, or both;
“sports supply” means a supply which, if made by an eligible body, would fall within Item 2 or 3.
17
For the purposes of this Group any question whether a person is connected with another shall be determined in accordance with section 839 of the Taxes Act (connected persons) .
.


text:
Citation and commencement
1
This Order may be cited as the Scotland Act 1998 (Transitory and Transitional Provisions) (Salaries and Allowances) Order 1999 and shall come into force on 6th May 1999.
Interpretation
2
1
In this Order–
“ the Act ” means the Scotland Act 1998;
“general election” means an ordinary or extraordinary general election for membership of the Parliament held under section 2 or section 3 of the Act; and
“year” means a year starting with 1st April.
2
For the purposes of this Order, a person who is a member of the Parliament immediately before the Parliament is dissolved shall be treated–
a
if he continues to hold office by virtue of section 19(2) (term of office of the Presiding Officer and deputies) of, or paragraph 1 of Schedule 2 (term of office of members of the Parliamentary corporation) to, the Act, as if he were such a member until the end of the day on which he ceases to hold such office; and
b
if he does not fall within sub-paragraph (a) but is nominated as a candidate at the subsequent general election, as if he were such a member until the end of the day on which the election is held.
3
In this Order, any reference to a numbered article is to the article bearing that number in this Order, and any reference in an article of this Order to a numbered paragraph is to the paragraph bearing that number in that article.
Period of application of this Order
3
1
The provisions of this Order, other than this article and article 9, shall cease to apply on the coming into force of any provision made by the Parliament, in accordance with section 81(1) of the Act (salaries of members of the Parliament etc. ), for the payment of salaries to members of the Parliament or members of the Scottish Executive and junior Scottish Ministers.
2
Article 9 shall cease to apply on the coming into force of any provision made by the Parliament, in accordance with section 81(2) of the Act (allowances for members of the Parliament etc.) for the payment of allowances to members of the Parliament.
Salaries payable to members of the Parliament
4
1
Subject to paragraph (2), there shall be payable to every member of the Parliament a salary at the yearly rate of £40,092.
2
For any period during which a salary is payable to a member of the Parliament pursuant to a resolution (or combination of resolutions) of either House of Parliament relating to the remuneration of members of that House, or under section 1 of the European Parliament (Pay and Pensions) Act 1979 (remuneration of United Kingdom MEPs ), the yearly rate of the salary payable by virtue of this article to that member for that period shall be reduced by two-thirds.
3
The salary payable by virtue of this article to a member of the Parliament shall be payable for the period beginning with the day on which he is declared to be returned as a member of the Parliament and ending with the day on which he ceases to be a member of the Parliament.
Salaries payable to Presiding Officer and deputy Presiding Officer
5
1
In addition to any salary payable by virtue of article 4–
a
there shall be payable to a member of the Parliament holding the office of Presiding Officer a salary at the yearly rate of £33,360; and
b
there shall be payable to a member of the Parliament holding the office of deputy Presiding Officer a salary at the yearly rate of £17,305.
2
The salary payable by virtue of this article to a member of the Parliament holding any such office shall be payable for the period during which he holds that office.
Salaries payable to members of the Scottish Executive and junior Scottish Ministers
6
1
In addition to any salary payable by virtue of article 4, there shall be payable to the holder of any office specified in the first column of the Schedule to this Order a salary at the yearly rate specified in relation to that office in the second column of that Schedule.
2
If the holder of the office of Lord Advocate or Solicitor General for Scotland is not a member of the Parliament, the yearly rate specified in relation to that office in the second column of the Schedule shall be increased by the amount of the yearly rate of salary that would be payable to him by virtue of article 4 if he were a member of the Parliament.
3
The entries in the Schedule relating to the Lord Advocate and the Solicitor General for Scotland and paragraph (2) shall take effect from the coming into force of section 44(1)(c) of the Act .
4
The salary payable by virtue of this article to the holder of any office specified in the first column of the Schedule to this Order shall be payable for the period during which he holds that office.
Annual up-rating of salaries
7
1
For each year, from the year starting with 1st April 2000 onwards, the yearly rate of any salary payable under this Order shall be increased by the relevant percentage.
2
The relevant percentage is the average percentage by which the mid-points of the nine Senior Civil Service pay bands below that of Permanent Secretary having effect from 1st April of the year concerned have increased compared with the previous 1st April.
3
The mid-point of a Senior Civil Service pay band is the point half way between the maximum and the minimum.
Supplementary provision as to salaries
8
1
The yearly rate specified in this Order in relation to any salary payable under this Order shall be taken to be the maximum amount so payable in any year and accordingly–
a
notwithstanding the provisions of this Order as to any such rate, the salary so payable in any year may be of a lesser amount than that so specified; and
b
where any period, or part of a period, for which a salary is payable under this Order is less than a year, the maximum amount of salary so payable for that period, or part of that period, shall be a proportionate part of the yearly rate.
2
Any salary payable by virtue of article 4 or 5 shall be paid by the Parliamentary corporation.
3
Any salary payable by virtue of article 6 shall be payable out of the Scottish Consolidated Fund.
4
A person to whom any salary is payable by virtue of article 5 or 6 shall be entitled to receive only one such salary, but if he is the holder of two or more offices in respect of which a salary is so payable and there is a difference between the yearly rate of salaries payable in respect of those offices, the office in respect of which a salary is payable to him shall be that in respect of which the highest salary is payable.
Expenses of members of the Parliament
9
1
The Parliamentary corporation may, on an application for the purpose made to it by a member of the Parliament in accordance with paragraph (2), make payments to that member by way of reimbursement of any accommodation expenses and travelling expenses necessarily incurred by that member on or after 7th May 1999 in attending any meeting of the Parliament, or otherwise in performing his duties as a member of the Parliament.
2
An application by a member of the Parliament under this article shall be made in writing and shall be accompanied by receipts, vouchers or other evidence of the incurring of the expenses in respect of which a payment is sought under this article.
3
In this article–
“accommodation expenses” means the actual cost of any overnight stay in a hotel, up to such maximum amount per night as the Parliamentary corporation may determine;
“public transport” means any service or services provided to the public at large for the carriage of passengers by road, rail, air or sea; and
“travelling expenses” means–
the actual cost of any travel ticket purchased or fare paid in making a journey, or part of a journey, by public transport to or from any place in the United Kingdom; and
where such a journey, or any part thereof, is made by means of a motor vehicle owned, hired or wholly maintained by the member, such amount per mile travelled on the journey, or that part of the journey, by means of that vehicle as the Parliamentary corporation may determine.
4
The Parliamentary corporation may make different determinations under paragraph (3) for different purposes or for different cases or different classes of case.
Henry McLeish
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
8th April 1999


text:
1
This Order may be cited as the Public Telecommunication System Designation (Sala Limited) Order 1999 and shall come into force on 5th January 2000.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Patricia Hewitt
Minister of State for Small Business and E Commerce,
Department of Trade and Industry
3rd December 1999


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


text:
Title, commencement and interpretation
1
1
These Regulations may be cited as the Spreadable Fats (Marketing Standards) (Amendment) Regulations 1999 and shall come into force on 31st March 1999.
2
In these Regulations “the principal Regulations ” means the Spreadable Fats (Marketing Standards) Regulations 1995 .
Amendment of the principal Regulations
2
In regulation 2(1) (interpretation) of the principal Regulations in the definition of “the Commission Regulation”, there shall be substituted for the words “and Commission Regulation ( EC ) No. 1298/98 ” the words “, Commission Regulation (EC) No. 1298/98 and Commission Regulation (EC) No. 2521/98 ”.
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
1st March 1999
Signed by authority of the Secretary of State for Health
Tessa Jowell
Minister of State for Public Health,
Department of Health
2nd March 1999
Signed by authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under Secretary of State, Welsh Office
3rd March 1999
Sam Galbraith
Parliamentary Under Secretary of State, Scottish Office
24th February 1999


text:
Citation and commencement
1
This Order may be cited as the Bank of England (Limit on Fiduciary Note Issue) Order 1999 and shall come into force on the day on which it is made.
Direction
2
The Treasury direct that section 2(3) of the Currency Act 1983 shall not apply in relation to any direction under section 2(2) of that Act which is given during the period of six months beginning with the day on which this Order is made.
Greg Pope
David Jamieson
Two of the Lords Commissioners of Her Majesty’s Treasury
3rd December 1999


text:
Citation and commencement
1
This Order may be cited as the Easington and Seaham Education Action Zone Order 1999 and shall come into force on 10th January 2000.
Interpretation
2
In this Order–
“partners” means those persons listed in Schedule 1 to this Order; and
“zone school” means a school listed in Schedule 2 to this Order.
Constitution of education action zone
3
The schools listed in Schedule 2 to this Order shall constitute collectively an education action zone under the name of the Easington and Seaham Education Action Zone (“the zone”) for the purposes of Chapter III of Part I of the School Standards and Framework Act 1998.
Education Action Forum
4
There shall be an Education Action Forum for the zone to be known as the Easington and Seaham Education Action Forum (“the Forum”), the membership of which shall include–
a
one person appointed by the governing body of each zone school, unless any such governing body choose not to make such an appointment;
b
either one or two persons appointed by the Secretary of State;
c
one person appointed by each partner, unless any partner chooses not to make such an appointment;
d
up to three persons appointed by Durham County Council; and
e
two persons representing the interests of National Health Service providers in the area served by the zone schools, appointed by the other members of the Forum.
5
The Forum may at any time appoint additional members as follows–
a
up to two persons representing the interests of business;
b
up to four parents of registered pupils attending zone schools;
c
one headteacher from a primary school within the zone;
d
one headteacher from a secondary school within the zone;
e
one headteacher from a special school within the zone;
f
one person from a professional teaching association to represent teachers working in zone schools;
g
one person from non-teaching associations to represent staff working in zone schools;
h
one person representing the interests of community organisations working within the area served by the zone schools;
i
one person representing the interests of the further and higher education sector and the providers of training to young persons in the area served by the zone schools;
j
one person representing the interests of registered pupils attending zone schools;
k
one headteacher chosen from the following nursery schools, to represent the interests of the nursery schools: Murton Nursery School (Glebe View, Sea View Estate, Murton, Seaham, SR7 9LX, DfEE No. 8401039), Rosemary Lane Nursery School (Rosemary Lane, Easington Village, Peterlee, SR8 3BQ, DfEE No. 8401038) and Seaham Harbour Nursery School (Bottleworks Road, Seaham Harbour SR7 7NN, DfEE No. 8401023);
l
one person nominated by the Pupil Referral Unit (Broom Cottages Centre, Broom, Ferryhill); and
m
up to six persons representing the interests of the education sector generally in the area served by the zone schools.
Disqualification for membership of the Forum
6
Articles 7 to 9 shall have effect for the purpose of prescribing the circumstances and cases in which a person is to be disqualified for holding, or continuing to hold, office as a member of the Forum.
Disqualification for membership of the Forum — bankruptcy etc.
7
1
Subject to the provisions of this article, a person shall be disqualified for holding, or for continuing to hold, office as a member of the Forum if he has been adjudged bankrupt or has made a composition or arrangement with his creditors; and a member, on becoming so disqualified, shall give written notice of the fact to the secretary to the Forum.
2
Where a person is disqualified by reason of his having been adjudged bankrupt, that disqualification shall cease–
a
unless the bankruptcy order made against that person is previously annulled, on his discharge from bankruptcy; and
b
if the bankruptcy order is so annulled, on the date of the annulment.
3
Where a person is disqualified by reason of his having made a composition or arrangement with his creditors and he pays his debts in full, the disqualification shall cease on the date on which the payment is completed and in any other case it shall cease on the expiration of three years from the date on which the terms of the deed of composition or arrangement are fulfilled.
Disqualification for membership of the Forum — criminal convictions
8
1
Subject to paragraph (2) a person shall be disqualified for holding, or for continuing to hold, office as a member of the Forum if–
a
within five years before his appointment would otherwise have taken effect or since his appointment, he has been convicted, whether in the United Kingdom or elsewhere, of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine;
b
within twenty years before his appointment would otherwise have taken effect, he has been convicted as aforesaid and has had passed on him a sentence of imprisonment for a period of more than two and a half years; or
c
he has at any time been convicted as aforesaid and has had passed on him a sentence of imprisonment of not less than five years.
2
For the purposes of this article there shall be disregarded any conviction by or before a court outside the United Kingdom of an offence in respect of conduct which, if it had taken place in any part of the United Kingdom, would not have constituted an offence under the law in force in that part of the United Kingdom.
Disqualification — absence from meetings
9
Any member of the Forum who, without the consent of the Forum, has failed to attend the meetings thereof for a continuous period of six months beginning with the date of a meeting shall, on the expiry of that period, be disqualified for continuing to be a member of the Forum without prejudice however, to his re-appointment.
Chairman’s tenure of office
10
The chairman of the Forum elected in accordance with paragraph 2 of Schedule 1 to the School Standards and Framework Act 1998, shall hold office for one year from the date of his election (unless he resigns his office earlier), without prejudice to his eligibility to be re-elected for a further such period.
Estelle Morris
Minister of State,
Department for Education and Employment
15th December 1999


text:
Citation and commencement
1
This Order may be cited as the Scotland Act 1998 (Transitory and Transitional Provisions) (Members' Interests) Order 1999 and shall come into force on 4th June 1999.
Interpretation
2
1
In this Order–
“ the Act ” means the Scotland Act 1998;
“the 1985 Act ” means the Companies Act 1985 ;
“associate” shall be construed in accordance with section 74 of the Bankruptcy (Scotland) Act 1985 ;
“the Clerk” means the Clerk of the Parliament;
“cohabitee” in relation to a member includes a person, whether of the opposite sex or not, who is living with that member in a relationship similar to that of husband and wife;
“company” means a company within the meaning of the 1985 Act;
“member” means a member of the Scottish Parliament and includes the Lord Advocate and the Solicitor General for Scotland even if they are not members of the Scottish Parliament;
“parent undertaking” has the same meaning as in section 258 of the 1985 Act;
“the Register” means the Register of Interests of Members of the Scottish Parliament established under article 3;
“registrable interest” shall be construed in accordance with article 4(1);
“remuneration” includes any salary, wage, share of profits, fee, expenses, other monetary benefit or benefit in kind;
“shares” includes stock;
“spouse” in relation to a member does not include a former spouse or a spouse who is living separately and apart from the member;
“subsidiary undertaking” has the same meaning as in section 258 of the 1985 Act;
“undertaking” has the same meaning as in section 259 of the 1985 Act.
2
Any reference in this Order to the date when a person is returned as a member shall, in relation to the Lord Advocate or the Solicitor General for Scotland if he is not a member of the Scottish Parliament, be construed as a reference to the date when he is appointed to that office.
3
In this Order, unless the context otherwise requires–
a
a reference to a numbered section is a reference to the section so numbered in the Act;
b
a reference to a numbered article is a reference to the article of this Order so numbered;
c
a reference to the Schedule is a reference to the Schedule to this Order; and
d
a reference in an article or the Schedule to a numbered paragraph is a reference to the paragraph of that article or of the Schedule so numbered.
Register of Interests of Members of the Scottish Parliament
3
1
There shall be a Register of Interests of Members of the Scottish Parliament.
2
The Register shall contain–
a
an entry for each member which shall consist of–
i
in the case of a statement lodged under article 4(2)(a)–
a
such details as are mentioned in article 4(3)(a) to (d); and
b
such other information disclosed by a member under article 4(3)(e) as the Presiding Officer may determine;
ii
in the case of a statement lodged under article 4(2)(b) or (4), such details of that statement as the Presiding Officer may determine; and
iii
the date on which any such statement was lodged; and
b
any other matter which the Parliament may decide should be included in the Register.
3
The Clerk shall, not later than 30 days after a statement is lodged under article 4(2)(a), (2)(b) or (4), enter in the Register the matters specified in paragraph (2)(a) in respect of that statement and shall send to each member a copy of the entry relating to him.
4
The Register may be amended by the Clerk at any time to take account of a statement lodged under article 4(5), (6) or (7) and the Clerk shall send to each member who has lodged such a statement a copy of the amended entry.
5
The Clerk may at any time alter the Register to correct any clerical or typographical error in any entry.
6
The Register shall be printed and published by the Clerk at such intervals and in such manner as the Parliament may determine.
7
A copy of the Register shall be kept by the Clerk at the office of the Clerk and shall be available for inspection by any person on the days and at the times when the office of the Clerk is open.
8
The Register may be kept in such form (which need not be documentary form) as the Clerk may consider appropriate and, if it is kept otherwise than in documentary form, it shall be in such form that when printed or displayed it shows the information mentioned in paragraph (2).
Registration of registrable interests
4
1
The Schedule sets out the circumstances in which a member has a registrable interest.
2
Each member shall, not later than the relevant date mentioned in paragraph (8), lodge with the Clerk a written statement–
a
giving details of any registrable interest falling within any of the following categories–
i
any registrable interest which he had at the date on which he was returned as a member;
ii
any registrable interest which he has had at any time since that date;
iii
any registrable interest which he has at the date on which he lodges the statement with the Clerk; or
b
declaring that–
i
he had no registrable interest on the date on which he was returned as a member;
ii
he has had no registrable interest at any time since that date; and
iii
he has no registrable interest at the date on which he lodges the statement with the Clerk.
3
A statement lodged under paragraph (2)(a) shall be in such form as may be specified by the Presiding Officer and shall contain–
a
such details of any registrable interest and such other information as, in the opinion of the Presiding Officer, are necessary to identify clearly the nature of the interest and, where relevant, its source;
b
details of the monetary value of the interest;
c
where the registrable interest falls within paragraph 2 or 3 of the Schedule, such details as the Presiding Officer may determine of any clients to whom the member provides services in his capacity as a member where those clients are–
i
clients of an undertaking of which he is a director as mentioned in paragraph 2 or 3 of the Schedule; or
ii
clients of the member (in any capacity) or any employer or firm as mentioned in paragraph 2 of the Schedule;
d
where–
i
the registrable interest falls within paragraph 6 of the Schedule; and
ii
any gift is received by the member, his spouse or cohabitee, or a company or partnership as mentioned in that paragraph, from any other person whose principal residence or place of business, as the case may be, is outside the United Kingdom,
such details as the Presiding Officer may determine of that person and principal residence or place of business; and
e
such other information as the member wishes to disclose.
4
A member who has an interest which may be relevant to the proceedings of the Parliament but which is not a registrable interest may at any time lodge with the Clerk a written statement giving details of the interest including the date on which he acquired the interest.
5
If, after lodging a statement under paragraph (2)(a) or (b), a member becomes aware that he has a registrable interest in respect of which he has not lodged a statement under paragraph (2)(a), he shall forthwith lodge a statement under paragraph (2)(a) in respect of that interest.
6
If, after lodging a statement under–
a
paragraph (2)(a), a member acquires an additional registrable interest; or
b
paragraph (2)(b), a member acquires a registrable interest,
the member shall, not later than 30 days after the date on which he acquired that interest, lodge a statement under paragraph (2)(a) in respect of that interest and shall also give notice of that date.
7
If, after lodging a statement under paragraph (2)(a) or (4), a member ceases to have an interest detailed in that statement he may lodge with the Clerk a written statement–
a
identifying the interest in question; and
b
giving the date on which he ceased to have that interest.
8
The relevant date for the purposes of paragraph (2) is–
a
in any case where a member has taken the oath of allegiance or made his solemn affirmation before the date of the coming into force of this Order, the date which is 15 days after that date;
b
in any other case, the date which is 30 days after the date on which he has taken his oath of allegiance or made his solemn affirmation.
Declaration of registrable interest in proceedings of the Parliament
5
1
Where a member has a registrable interest in respect of which he has lodged a statement under article 4(2)(a) which would prejudice or give the appearance of prejudicing his ability to participate in a disinterested manner in proceedings of the Parliament relating to any particular matter, he shall, before otherwise participating in those proceedings, make an oral statement in those proceedings declaring the nature of that registrable interest.
2
For the purpose of paragraph (1), a member participates in proceedings of the Parliament if he takes part in those proceedings in any way other than voting.
Advocacy
6
Where, at any time after the date on which he was returned as a member, a member receives or expects to receive any remuneration, he shall not–
a
do anything in his capacity as a member in any proceedings of the Parliament which relates directly to the affairs or interests of, or which seeks to confer benefit upon, the person from whom the member received or expects to receive remuneration or to the affairs and interests of a client or an associate of that person; or
b
encourage any other member to do anything mentioned in paragraph (a).
Participation in proceedings
7
1
The Parliament may prevent or restrict any member from participating in proceedings of the Parliament to such extent and for such period as the Parliament may consider appropriate, where those proceedings relate to a matter in which a member has a registrable interest in respect of which the member has failed to–
a
lodge a statement under article 4(2)(a); or
b
make an oral statement in accordance with article 5(1).
2
Where any member fails to comply with or contravenes the requirements of article 4(2)(a), 4(6), 5, 6 or paragraph (1), the Parliament may exclude him from proceedings of the Parliament for such period as the Parliament may consider appropriate.
Offences
8
1
Any member who takes part in any proceedings of the Parliament without having complied with, or in contravention of, article 4(2)(a), 4(6), 5 or 6 is guilty of an offence.
2
A member guilty of an offence under paragraph (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Complaints
9
Any person may inform the Presiding Officer if he considers that a member–
a
has taken part in any proceedings of the Parliament without having complied with, or in contravention of, article 4(2)(a), 4(5), 5 or 6; or
b
has contravened any resolution of the Parliament made in pursuance of article 7.
Duration
10
This Order, unless previously revoked by the Secretary of State, shall cease to have effect on the day appointed by or under an Act of the Scottish Parliament.
Henry McLeish
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
12th May 1999