text:
Citation and commencement
1
This Order may be cited as the Hackney Education Action Zone Order 1999 and shall come into force on 1st December 1999.
Interpretation
2
In this Order —
“partners” means those persons listed in Schedule 1 to this Order; and
“zone school” means a school listed in Schedule 2 to this Order.
Constitution of education action zone
3
The schools listed in Schedule 2 to this Order shall constitute collectively an education action zone under the name of the Hackney 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 Hackney 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; and
d
two persons appointed by the Corporation of London.
5
The Forum may at any time appoint additional members as follows —
a
up to two persons representing the interests of voluntary organisations who support zone activities;
b
up to two parents of registered pupils attending zone schools;
c
up to two persons representing the interests of teachers employed in zone schools; and
d
up to three persons representing the interests of organisations who support zone activities.
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 from membership of the Forum — criminal convictions
8
1
Subject to paragraph (2) a person shall be disqualified for holding, or for continuing to hold, office as a member of the Forum if —
a
within five years before his appointment would otherwise have taken effect or since his appointment, he has been convicted, whether in the United Kingdom or elsewhere, of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine;
b
within twenty years before his appointment would otherwise have taken effect, he has been convicted as aforesaid and has had passed on him a sentence of imprisonment for a period of more than two and a half years; or
c
he has at any time been convicted as aforesaid and has had passed on him a sentence of imprisonment of not less than five years.
2
For the purposes of this article there shall be disregarded any conviction by or before a court outside the United Kingdom of an offence in respect of conduct which, if it had taken place in any part of the United Kingdom, would not have constituted an offence under the law in force in that part of the United Kingdom.
Disqualification — absence from meetings
9
Any member of the Forum who, without the consent of the Forum, has failed to attend the meetings thereof for a continuous period of six months beginning with the date of a meeting shall, on the expiry of that period, be disqualified for continuing to be a member of the Forum without prejudice however, to his re-appointment.
Chairman’s tenure of office
10
The chairman of the Forum elected in accordance with paragraph 2 of Schedule 1 to the School Standards and Framework Act 1998, shall hold office for one year from the date of his election (unless he resigns his office earlier), without prejudice to his eligibility to be re-elected for a further such period.
Estelle Morris
Minister of State,
Department for Education and Employment
4th November 1999


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Education (Grants) (Dance and Drama) (England) Regulations 1999 and shall come into force on 1st September 1999.
Interpretation
2
1
In these Regulations —
“academic year” means the period from 1st September in one year to 31st August in the following year;
“award student” means, subject to regulations 3 and 4, a student of a description mentioned in Part II of Schedule 1 who has been selected as such by a relevant institution to follow a relevant course at that institution on the basis of high ability in, or aptitude for, dance or drama, as the case may be, as demonstrated at an audition, in respect of whom a period of award has been specified;
“course of higher education” means a course of any description mentioned in Schedule 6 to the Education Reform Act 1988 ;
“fees” has the same meaning as in section 28 of the Teaching and Higher Education Act 1998 ;
“governing body” in relation to a relevant institution includes any person or body of persons responsible for the management of the institution;
“the prescribed amount” means the amount prescribed for the time being by regulations made under section 22(2)(b) of the Teaching and Higher Education Act 1998 as the maximum amount of any grant at the highest level available for an academic year in respect of fees payable in connection with attendance at a course of higher education ;
“relevant course” mean a course starting on or after 1st September 1999 other than a course of higher education; and
“relevant institution” means an institution specified in the first column of the Table in Schedule 2.
Award students — supplementary
3
1
For the purposes of these Regulations the maximum number of students which may be selected by a relevant institution as award students for any academic year with a period of award of one, two or three academic years shall, subject to paragraphs (2) to (5), not exceed the number specified in relation to that institution in the second, third or fourth column (as the case may be) of the Table in Schedule 2.
2
Where for any academic year the number of students selected by a relevant institution as award students with a period of award of three years is less than the institution’s maximum for that period of award the institution may, with the consent of the Secretary of State, select more award students with periods of award of one or two years than their maximum, provided that the difference between the aggregate numbers of students selected with periods of award of one or two years and the aggregate of the institution’s maxima for those periods of award does not exceed the amount by which the number of pupils selected with a period of award of three years falls short of the institution’s maximum for that period of award.
3
Where for any academic year the number of students selected by a relevant institution as award students with a period of award of two years is less than the institution’s maximum for that period of award the institution may, with the consent of the Secretary of State, select more award students with a period of award of one year than their maximum, provided that the difference between the number of students selected with a period of award of one year and the institution’s maximum for that period of award does not exceed the amount by which the number of pupils selected with a period of award of two years falls short of the institution’s maximum for that period of award.
4
Where for any academic year the number of students selected by a relevant institution as award students with a period of award of one, two or three academic years is less than the institution’s maximum for that period of award the Secretary of State may determine that another institution may select more than their maximum for that period of award such that the total number of award students who can be selected in that academic year with a particular period of award does not exceed the total of all the relevant institutions' maxima for that period of award.
5
Where an award student (“the original student”) ceases to attend an institution before the end of the period of award specified in relation to that student the relevant institution may in accordance with paragraph (6) select another student (“the substituted student”) as an award student in substitution for the original student and for the purposes of these regulations the original student and the substituted student shall be treated as the same person.
6
Any selection of a substituted student under paragraph (5) shall be on the basis of high ability in, or aptitude for, dance or drama, as the case may be, as demonstrated at the same group of auditions as that at which the original student’s ability or aptitude was demonstrated.
7
A student cannot be an award student if he has previously been an award student in respect of another course unless the Secretary of State otherwise determines, by reason of his being of the opinion that —
a
the student having been selected for one course (whether or not he has completed it) should attend another course; or
b
the student was prevented from completing the course for which he was selected due to circumstances outside his control.
8
For the purposes of this regulation —
a
an institution’s maximum for any particular period of award is the amount specified in the second, third or fourth column of the Table in Schedule 2, as the case may be; and
b
a student is selected “for” a particular academic year if he is selected for a course the first academic year of which is the academic year in question.
9
In this regulation references to a student “with” a particular period of award are references to a student in respect of whom that period of award has been specified.
Periods of award
4
1
Unless paragraph (2) applies a student is not an award student after the end of the period of award specified in respect of that student.
2
Where an award student has been unable to attend a course throughout the whole of the period of award through circumstances outside the control of the student, the Secretary of State may determine that the student be an award student for a further period not exceeding a period which would result in the student being an award student for four academic years.
Grants to relevant institutions
5
1
The Secretary of State may, in respect of any academic year, pay a grant under this regulation to the governing body of a relevant institution.
2
Grant paid under this regulation shall, subject to paragraphs (3) and (4), be the amount specified in the fifth column of the Table in Schedule 2 in relation to the institution multiplied by the number of relevant award students attending the institution during the academic year in question.
3
Where an award student attends a relevant institution during part only of an academic year grant paid to the governing body of a relevant institution under this regulation shall (unless a substituted student is selected under regulation 3(5)) be reduced by such amount as the Secretary of State considers appropriate having regard to the length of time during the academic year during which the student attended the institution.
4
The governing body of any relevant institution to whom grant is paid under this regulation shall remit the fees payable in respect of each award student’s attendance on the course to the extent necessary to secure that the amount payable in respect of each academic year by way of such fees is no more than the prescribed amount.
Further grants to relevant institutions — fees
6
1
The Secretary of State may, in respect of any academic year, pay a grant under this regulation to the governing body of a relevant institution in respect of an award student who attends that institution during the academic year in question.
2
Grant paid under this regulation shall be such amount as the Secretary of State may determine having regard to the income of the student and his parents, and (where the student does not attend the institution during the whole of the academic year) the length of time during the academic year during which the student attends the institution.
3
The governing body of the institution to whom the grant is paid under this regulation shall, in addition to the remission of fees which they are required to make by virtue of regulation 5(4), further remit the fees payable in respect of attendance at the course by the amount of the grant.
Further grant to relevant institutions — maintenance
7
1
The Secretary of State may in respect of any academic year pay a grant under this regulation to the governing body of a relevant institution in respect of an award student other than a person mentioned in paragraph 9 of Schedule 1 and not in any other paragraph of that Schedule, who attends the institution during the academic year in question.
2
Grant paid under this regulation shall be such amount as the Secretary of State may determine having regard to the income of the student and his parents and (where the student does not attend the institution during the whole of the academic year) the length of time during the academic year during which the student attends the institution.
3
The governing body of an institution to whom a grant is paid under this regulation shall at such times and in such instalments as may be specified by the Secretary of State make payments to the award student in respect of his maintenance of an amount equivalent to the grant.
Grant claims
8
The payment of grant under regulations 5, 6 or 7 shall be subject to the governing body of the institution submitting grant claims to the Secretary of State or to any person he may specify at such times and in such manner and form, and furnishing such declarations (including declarations by the award student or his parent) and other information, as the Secretary of State may require.
Requirements to be observed
9
1
The governing body of a relevant institution shall comply with such requirements (including requirements as to the repayment of grant) as may be specified by the Secretary of State.
2
Without prejudice to the generality of paragraph (1) —
a
the governing body of a relevant institution shall keep such records and accounts and furnish to the Secretary of State or, if he so directs, to the Further Education Funding Council for England, such information, documents returns and accounts as the Secretary of State may from time to time require;
b
where a relevant institution provides further education, the governing body of the institution shall permit any person authorised by the Further Education Funding Council for England to inspect the institution and afford to such person all the facilities he may reasonably require for making such an inspection; and
c
where a relevant institution is a school, the governing body of the institution shall permit any person authorised by the Secretary of State to inspect the school and afford to such person all the facilities he may reasonably require for making such an inspection.
Tessa Blackstone
Minister of State,
Department for Education and Employment
6th August 1999


text:
Citation and commencement
1
1
These Regulations may be cited as the Local Government Changes for England (Council Tax) (Transitional Reduction) Regulations 1999.
2
They shall come into force for the purposes of regulation 4 on 26th February 1999 and for all other purposes on 27th February 1999.
Interpretation
2
In these Regulations–
“the 1992 Act ” means the Local Government Finance Act 1992;
“the 1996 Regulations ” means the Local Government Changes for England (Council Tax) (Transitional Reduction) Regulations 1996 ;
“the 1997 Regulations ” means the Local Government Changes for England (Council Tax) (Transitional Reduction) Regulations 1997 ;
“the 1998 Regulations ” means the Local Government Changes for England (Council Tax) (Transitional Reduction) Regulations 1998 ;
“the Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 ;
“ 1996 authority ” means a relevant billing authority affected by a section 17 order in which the reorganisation date was 1st April 1996;
“ 1997 authority ” means a relevant billing authority affected by a section 17 order in which the reorganisation date was 1st April 1997;
“ 1998 authority ” means a relevant billing authority affected by a section 17 order in which the reorganisation date was 1st April 1998;
“council tax base”, in relation to the financial year beginning on 1st April 1999–
in the case of a billing authority, means the basic amount of its council tax as calculated in accordance with section 33 of the 1992 Act and regulations under that section; and
in the case of a major precepting authority, means the basic amount of its council tax as calculated in accordance with section 44 of that Act and regulations under that section;
“council tax figure”–
in relation to a 1996 authority, means the figure calculated in accordance with Schedule 1 to the 1996 Regulations;
in relation to a 1997 authority, means the figure calculated in accordance with Schedules 1 and 2 to the 1997 Regulations;
in relation to a 1998 authority, means the figure calculated in accordance with Schedules 1 and 2 to the 1998 Regulations;
“discounted chargeable amount” in relation to a person, a dwelling and a day, means the amount estimated by the relevant billing authority as that which the person would be liable to pay in respect of council tax as regards the dwelling and the day if his liability fell to be calculated solely by reference to section 10 of the 1992 Act or, as his circumstances require, that section read with section 11 of the 1992 Act; but in the application of this definition to a person who is an eligible person for the purposes of the Council Tax (Reductions for Disabilities) Regulations 1992 , the estimate shall be made as if, in the definition of “A” in section 10 of the 1992 Act, there were substituted, for the reference to the valuation band listed for the dwelling, a reference to the alternative valuation band as defined in regulation 4(1) of those Regulations;
“eligible person” has the meaning given by regulation 5;
“relevant area” means a transferred area, in relation to which the council tax figure–
for a 1996 authority or a 1997 authority, is greater than £156;
for a 1998 authority, is greater than £104;
“relevant dwelling” means a dwelling situated in a relevant area;
“relevant billing authority” means a billing authority–
which was subject to a section 17 order; or
which is situated in the area of a county council which was subject to such an order;
“reorganisation date” means 1st April in any of the years 1996 to 1998;
“section 17 order”, in relation to an authority, means an order under section 17 of the Local Government Act 1992 which affected that authority from a reorganisation date; and
“transferred area” means an area which formed the whole or part of the area of a billing authority (in these Regulations referred to as a “transferor authority”) immediately before a reorganisation date, and formed part of the area of another billing authority on and after that date.
Prescribed year
3
The financial year beginning on 1st April 1999 is prescribed as the year for which these Regulations apply.
Modification of section 13 of the 1992 Act
4
In relation to chargeable dwellings in England and the year for which these Regulations apply, section 13(5) of the 1992 Act shall have effect as if after paragraph (d) there were inserted the following–
e
the location of the dwelling concerned in the area of a district or county council which was affected on 1st April 1996, 1st April 1997 or 1st April 1998 by a structural change, or a boundary change, made by or in consequence of an order under section 17 of the Local Government Act 1992; and for this purpose “structural change” and “boundary change” shall be construed in accordance with section 14 of that Act.
.
Eligible persons
5
A person who is liable to pay an amount to a billing authority in respect of council tax for the financial year beginning on 1st April 1999 is an eligible person in respect of a particular day if he is, or will in the opinion of the billing authority be, liable (whether solely or jointly and severally) to pay council tax in respect of a relevant dwelling and that day.
Calculation of amount payable
6
1
Subject to paragraph (2) below, the amount which an eligible person is liable to pay in respect of a relevant dwelling and a day shall be the discounted chargeable amount reduced by the deductible amount; and for this purpose the deductible amount shall be calculated–
a
by a 1996 authority in accordance with Part I of the Schedule to these Regulations;
b
by a 1997 authority in accordance with Part II of that Schedule; and
c
by a 1998 authority in accordance with Part III of that Schedule.
2
Where a determination awarding council tax benefit under the Benefit Regulations is effective as regards a dwelling and a day in respect of which a person is an eligible person for the purposes of those Regulations, the amount which he is liable to pay in respect of that day shall be the amount ascertained in accordance with paragraph (1) above, less the amount of his council tax benefit for that day.
Supply of information by individuals
7
A billing authority may, for the purpose of considering whether these Regulations apply to any person, by written notice request that person to furnish to the authority within such period as it may reasonably specify, not being less than 21 days, such information specified in the notice as it may reasonably request of that person to assist it in considering that question.
Appeals
8
1
Where a billing authority makes a decision relating to the application or operation of these Regulations in relation to an individual, the authority shall, if requested in writing by the person so affected, provide him with a written statement of its decision and the reason for it; and any such statement shall be sent within 14 days from the date on which it is requested or as soon as is reasonably practicable thereafter.
2
No appeal may be made to a valuation tribunal in respect of any decision of a billing authority relating solely to the application or operation of these Regulations; but a person aggrieved by such a decision may appeal to a review board appointed by the billing authority and constituted as mentioned in regulation 70(3) of the Benefit Regulations.
Notice of appeal
9
Any notice of appeal under these Regulations shall be given by the appellant in writing to the billing authority.
Procedure for appeals
10
1
Regulations 71 and 72(4) and (5) of the Benefit Regulations shall apply to appeals under these Regulations as they apply to a further review under those Regulations, but as though any reference to a further review, or an application for a further review, were to an appeal, or a notice of appeal, respectively.
2
On an appeal under these Regulations, the Review Board shall decide to confirm or revise the decision of the billing authority; and the billing authority shall comply with the decision of the Review Board.
Revocation of Regulations and savings
11
1
Subject to paragraph (2), the 1996 Regulations, the Local Government Changes for England (Council Tax) (Transitional Reduction) (Amendment) Regulations 1996 , the 1997 Regulations and the 1998 Regulations are hereby revoked.
2
Notwithstanding paragraph (1), Schedules 1 and 3 to the 1996 Regulations, Schedules 1 and 2 to the 1997 Regulations, Schedules 1 and 2 to the 1998 Regulations and regulation 2 of each of those Regulations (to the extent necessary for the interpretation of the relevant Schedules), shall continue to have effect for the purposes of these Regulations.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
5th February 1999


text:
1
This Order may be cited as the A406 North Circular Road (Barnet) (50 mph Speed Limit) Order 1999 and shall come into force on the 26th July 1999.
2
In this Order–
“the trunk road” means the North Circular Road (A406);
“the main route” means that length of the trunk road between a point 80 metres south-west of the southwestern kerbline of Clandon Gardens and a point 540 metres east of the eastern kerbline of High Road, Finchley, a distance of 2.3 kilometres;
“Finchley High Road north-east bound exit slip road” means that length of the trunk road lying to the east of Finchley High Road which links the main north-east bound carriageway of the trunk road with Finchley High Road;
“Finchley High Road north-east bound entry slip road” means that length of the trunk road lying to the east of Finchley High Road which links Finchley High Road to the main north-east bound carriageway of the trunk road;
“Finchley High Road south-west bound exit slip road” means that length of the trunk road lying to the west of Finchley High Road which links the main south-west bound carriageway of the trunk road with Finchley High Road;
“Finchley High Road south-west bound entry slip road” means that length of the trunk road lying to the west of Finchley High Road which links Finchley High Road to the main south-west bound carriageway of the trunk road.
3
No person shall cause or permit any vehicle to be drive at a speed exceeding 50 miles per hour on any road or length of road specified in the Schedule to this Order.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
S Balasundarum
A Principal, Project Services (Operations) London, The Highways Agency
20th July 1999


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Optical Charges and Payments) Amendment Regulations 1999 and shall come into force on 1st April 1999.
2
In these Regulations, “the principal Regulations ” means the National Health Service (Optical Charges and Payments) Regulations 1997 .
Amendment of regulation 1 of the principal Regulations
2
In regulation 1 of the principal Regulations (interpretation)–
a
in paragraph (2), in the definition of “ NHS sight test fee”, for the amount “£39.04” substitute “£40.33” and for the amount “£14.10” substitute “£14.57”;
b
in paragraph (2), for the definition “small glasses” substitute–
“small glasses” means glasses–
prescribed for a child who is under the age of 7 years at the date of issue of a voucher relating to those glasses where the voucher is issued on the same occasion as the prescription relating to those glasses is issued;
having a frame which is either custom made or a stock frame requiring extensive adaptation to ensure an adequate fit; and
having a boxed centre distance of no more than 55 millimetres, and for this purpose “box centre” is to be construed in accordance with Part 1 of British Standard 3521/91 (Terms relating to ophthalmic optics and spectacles frames) published by the British Standards Institution as effective immediately before 8th March 1999;
;
c
in sub-paragraph (b) of paragraph (3), before the word “where” insert the words “subject to sub-paragraph (bb),”;
d
after sub-paragraph (b) of paragraph (3), insert the following sub-paragraph–
bb
where an optical appliance has a bifocal lens, the reading segment of which is more than 4 dioptres more powerful than the distance segment, the power of the lens shall be determined according to the power of the reading segment; and
.
Amendment of regulation 8 of the principal Regulations
3
In regulation 8(2) of the principal Regulations (eligibility — supply of optical appliances), after the words “at the time of” insert the words “the payment for”.
Amendment of regulation 9 of the principal Regulations
4
In regulation 9 of the principal Regulations (issue of vouchers by ophthalmic medical practitioners or opticians)–
a
after paragraph (1) insert the following paragraphs–
1A
Where–
a
a patient has been supplied with an optical device following a testing of sight under the Ophthalmic Services Regulations or otherwise;
b
the patient has indicated that he is an eligible person; and
c
the ophthalmic medical practitioner or optician, having consulted any records which he has relating to the patient and having made such enquiry of the patient as he considers relevant, is satisfied that–
i
the prescription relating to the patient’s existing optical appliance is unchanged; and
ii
the patient requires a new optical appliance because his existing appliance has been rendered unserviceable by fair wear and tear,
the ophthalmic medical practitioner or optician may issue to the patient, in accordance with paragraph (2), a voucher relating to the optical appliance prescribed by the prescription.
1B
Where–
a
a patient has been issued with a prescription following a testing of sight under the Ophthalmic Services Regulations or otherwise;
b
the patient has indicated that, following the issue of the prescription, he has become an eligible person; and
c
an ophthalmic medical practitioner or optician, having consulted any records which he has relating to the patient and having made such enquiry of the patient as he considers relevant, is satisfied that–
i
no voucher has been issued in respect of the prescription; and
ii
the prescription is unchanged,
the ophthalmic medical practitioner or optician may issue to the patient a voucher relating to the optical appliance prescribed by the prescription.
.
b
In paragraph (5), after the word “Unless” insert the words “paragraph (1A) or”.
Amendment of regulation 11 of the principal Regulations
5
For regulation 11 of the principal Regulations (issue of replacement vouchers by health authorities or NHS trusts) substitute the following regulation–
Issue of replacement vouchers by Health Authorities or NHS trusts
11
Where, on an application by a patient within 2 years of a voucher having been issued to him under regulation 9(1) or 10(1), a Health Authority or NHS trust is satisfied, having made such enquiries as it considers relevant, that the voucher has been lost or destroyed without having been presented to a supplier of optical appliances, it may authorise an ophthalmic medical practitioner or optician to issue to the patient a replacement voucher completed in accordance with regulation 9(2)(a) and (b) or 10(2)(a) and (b), but with the date of issue of the voucher being that on which the replacement is issued.
.
Amendment of regulation 12 of the principal Regulations
6
In regulation 12(1) of the principal Regulations (use of vouchers for supply of optical appliances), for “6 months” substitute “2 years”.
Amendment of regulation 13 of the principal Regulations
7
In regulation 13 of the principal Regulations (payments to suppliers), in paragraph (2)(b), for “21(1)” substitute “27(1)”.
Amendment of regulation 19 of the principal Regulations
8
In regulation 19 of the principal Regulations (redemption value of voucher for replacement or repair)–
a
in paragraph (1)(b), for “£40.90” substitute “£42.00”; and
b
in paragraph (3), for “£10.50” substitute “£10.80”.
Amendment of regulation 20 of the principal Regulations
9
In regulation 20 of the principal Regulations (payments to patients in respect of the supply, replacement or repair of optical appliances)–
a
in paragraph (1), for “(15)(1)” substitute “15(1)”;
b
in paragraph (3)–
i
before the words “Any such claim” insert the words “Subject to paragraph (3A),”;
ii
after the words “after the date of” insert the words “payment for”;
c
after paragraph (3), insert the following paragraph–
3A
Where a patient pays by instalments for the supply, replacement or repair of an optical appliance, any claim he makes under paragraph (2)(a) or (b) must be made within three months after the date of payment of the first instalment.
.
d
in paragraph (5), before the words “Where the Secretary of State” insert the words “Subject to paragraph (7),”;
e
in paragraph (6), before the words “Where the responsible authority” insert the words “Subject to paragraph (7),”;
f
after paragraph (6), add the following paragraph–
7
Where the responsible authority makes a payment under paragraph (5) or (6) to a patient who pays by instalments for the supply, replacement or repair of an optical appliance, that payment shall be made as soon as reasonably practicable after the date on which the total value of the instalments paid becomes equal to or greater than the redemption value of the voucher which could have been completed under regulation 9, 10 or 16 if the patient had satisfied the requirements of regulation 9(1), 10(1) or 16(4) as the case may be.
.
Amendment of the Schedules to the principal Regulations
10
1
For Schedule 1 to the principal Regulations (voucher letter codes and face values — supply and replacement), substitute the Schedule 1 set out in Part I of the Schedule to these Regulations.
2
In Schedule 2 to the principal Regulations (prisms, tints, photochromic lenses, small and special glasses and complex appliances)–
a
in paragraph 1(1)(a) (prism — single vision lens), for “£5.40” substitute “£6.00”;
b
in paragraph 1(1)(b) (prism — other lens), for “£6.70” substitute “£6.90”;
c
in paragraph 1(1)(c) (single vision tinted lens), for “£2.90” substitute “£3.00”, and after the word “tinted” insert the words “or photochromic”;
d
in paragraph 1(1)(d) (other tinted lens), for “£3.40” substitute “£3.50”, and after the word “tinted” insert the words “or photochromic”;
e
in paragraph 1(1)(e) (small glasses), for “£46.10” substitute “£47.30”, for “£40.90” substitute “£42.00”, and for “£22.10” substitute “£22.70”;
f
in paragraph 1(1)(g) (specially manufactured frames), for “£46.10” substitute “£47.30”;
g
in paragraph 2(a) (minimum complex appliance payment — single vision lenses), for “£4.60” substitute “£10.00”;
h
in paragraph 2(b) (minimum complex appliance payment — other lenses), for “£24.80” substitute “£25.40”.
3
For Schedule 3 to the principal Regulations (voucher values — repair), substitute the Schedule 3 set out in Part II of the Schedule to these Regulations.
Revocation
11
In paragraph 1 of Schedule 2 to the principal Regulations–
a
sub-paragraph (1)(f) is hereby revoked; and
b
in sub-paragraph (2), “, (f)” shall be omitted.
Signed by authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
8th March 1999


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Liabilities to Third Parties Scheme) Regulations 1999, and shall come into force on 1st April 1999.
2
In these Regulations, unless the context otherwise requires–
“ the Act ” means the National Health Service and Community Care Act 1990;
“an eligible body” means a body of a kind described in regulation 3;
“member” means an eligible body which is a member of the Scheme;
“membership year” means, in relation to an eligible body, any period of 12 months beginning on 1st April during any part of which that body is a member of the Scheme;
“preceding year” means, in relation to a membership year, the period of 12 months immediately preceding that membership year;
“qualifying liability” means a liability of a kind described in regulation 4;
“relevant function” means the function of providing services in England for the purposes of the National Health Service Act 1977 or by virtue of section 7 of the Health and Medicines Act 1988 or under paragraph 14 or 15 of Schedule 2 to the Act;
“the Scheme” means the Liabilities to Third Parties Scheme established by regulation 2.
3
In these Regulations, a reference to a numbered regulation is a reference to the regulation which bears that number in these Regulations, and a reference in a regulation to a numbered paragraph is a reference to the paragraph which bears that number in that regulation.
Establishment of scheme
2
There is hereby established a scheme, to be known as the Liabilities to Third Parties Scheme, whereby an eligible body may, in accordance with the following provisions of these Regulations, make provision to meet qualifying liabilities.
Eligible bodies
3
A body is eligible to participate in the Scheme if it is–
a
a National Health Service trust,
b
a Health Authority whose area is situated in England, or
c
a Special Health Authority.
Liabilities to which the Scheme applies
4
1
The Scheme applies to any liability to any third party to which a member is subject in respect of loss, damage or injury which–
a
arises out of the carrying out of any relevant function of that member;
b
is a qualifying liability; and
c
is not a qualifying liability for the purposes of the National Health Service (Clinical Negligence Scheme) Regulations 1996 , the National Health Service (Existing Liabilities Scheme) Regulations 1996 or a qualifying expense for the purposes of the National Health Service (Property Expenses Scheme) Regulations 1999 .
2
In this regulation–
“board member” means, in respect of a member, any member of the board of that member whether or not that person is an employee of that member;
“personal injury” includes bodily injury, death, disease, illness and nervous shock and is to be treated as including wrongful arrest, detention, imprisonment and malicious prosecution;
“relevant person” means, in respect of a member, a person employed or engaged by that member;
“qualifying liability” means, in respect of a member, a liability which falls within one or more of the following categories–
a liability in respect of personal injury sustained by a relevant person arising out of and in the course of his or her employment or engagement by the member;
a liability in respect of or consequent upon personal injury or loss arising out of or in connection with any breach of a duty of care or breach of any statutory duty or breach of a duty under any of the Occupiers' Liability Act 1957 , the Occupiers' Liability Act 1984 or the Defective Premises Act 1972 in each case owed by the member to any person in consequence of any act or omission to act on the part of any relevant person;
a contractual liability in respect of personal injury to any person or damage to any property of any third party;
a liability arising out of the act or omission to act on the part of a relevant person which is dishonest, fraudulent, criminal or malicious;
a liability arising out of the making or publishing of any defamatory statement (whether in written or oral form) by the member or a relevant person;
a contractual liability to make payment to any relevant person in connection with any personal injury sustained by the relevant person directly as a result of assault;
any legally enforceable liability in respect of or consequent upon personal injury or loss arising out of or in connection with any tortious or other wrongful act committed by any relevant person;
a liability arising out of any indemnity properly given by any member to any board member;
any liability in respect of any consequential or ancillary expense which arises in connection with any liability referred to in any of the above categories.
3
The Secretary of State and a member may agree–
a
a minimum level of liability which must arise before a payment or other provision in respect of such a liability may be made under the Scheme; and
b
an amount which is to be the maximum amount of any payment or other provision in respect of such a liability which may be made under the Scheme.
Administration of the Scheme
5
The Scheme shall be administered by the Secretary of State.
Membership of the Scheme
6
1
An eligible body which, before 31st March 1999, gave notice in writing to the Secretary of State of its wish to participate in the Scheme with effect from 1st April 1999, or such later date being not later than 31st March 2000 as the Secretary of State may determine, shall be a member of the Scheme with effect from 1st April 1999 or, as the case may be, such later date.
2
An eligible body to which paragraph (1) does not apply which wishes to participate in the Scheme during any period beginning after 31st March 2000 shall apply to the Secretary of State to be admitted as a member.
3
An application under paragraph (2) shall–
a
be made in writing in such form as the Secretary of State may require; and
b
be made no later than 1st October in the calendar year preceding that in which the eligible body wishes its first membership year to begin, or such later date as the Secretary of State may agree in relation to any specific eligible body.
4
An applicant shall provide such information as the Secretary of State may in writing request it to provide, as respects–
a
the nature of its relevant functions;
b
the number of employees of the applicant who are engaged in its performance of any relevant function, or such part of any relevant function as the Secretary of State may specify, and the qualifications and experience of those employees;
c
the nature and extent of any claims made against the applicant in respect of any qualifying liability arising from loss, damage or injury sustained by third parties as a result of the carrying out by the applicant of any relevant function; and
d
such other information as he may request in connection with the application.
5
The Secretary of State shall, having regard to the information provided by the applicant under this regulation, and to such other factors as he considers to be material to the application, determine whether or not the applicant should be admitted as a member, and shall notify the applicant of his decision in writing.
6
Where the application of an eligible body under paragraph (2) has been successful, that body shall be admitted as a member with effect from the beginning of the membership year next following the Secretary of State’s decision.
7
In this regulation “applicant” means an eligible body which has applied under paragraph (1) or (2) to be admitted as a member, and “application” shall be construed accordingly.
Termination of membership
7
1
Subject to paragraph (2), a member may terminate its participation in the Scheme on 31st March in any year by giving not less than 12 months' notice in writing to that effect to the Secretary of State.
2
A member’s participation in the Scheme may not be terminated, by notice under paragraph (1)–
a
where its membership takes effect on a date on or after 1st April 1999 and not later than 31st March 2000, before 31st March 2002; and
b
in any other case, before the expiry of three consecutive membership years beginning on the date on which, by virtue of regulation 6(6), its membership takes effect.
3
Where–
a
any payment which a member is, by virtue of regulation 8 (contributions under the Scheme), liable to make to the Secretary of State has remained unpaid for a period of not less than 28 days beginning on the date on which the payment should have been made,
b
a member has failed to provide, within 28 days, or such further period as the Secretary of State may in writing allow, of being requested to do so, any information which it is required by virtue of regulation 10 (provision of information) to provide, or
c
the continued membership of any member would, in the opinion of the Secretary of State, be detrimental to the efficient administration of the Scheme or to the interests of other members,
the Secretary of State may give notice in writing to that member that its participation in the Scheme is to cease on a date falling not less than 28 days after that on which the notice is given, and that member’s participation in the Scheme shall, unless the Secretary of State in writing withdraws the notice before that date, be terminated on that date.
Members' contributions to the Scheme
8
1
A member shall pay to the Secretary of State in respect of each membership year such amount as shall be determined in relation to that member, and notified to it, in accordance with this regulation.
2
When determining in relation to any member the amount of the payment to be made under paragraph (1), the Secretary of State shall have regard to–
a
his estimate of the total amount which will, by virtue of regulation 9 (payments under the Scheme), fall to be paid during that membership year in respect of all qualifying liabilities under the Scheme;
b
the nature of the member’s relevant functions;
c
the number of employees of the member who are engaged in its performance of a relevant function, or any part of such a function, and the qualifications and experience of those employees;
d
any agreement between the Secretary of State and the member that regulation 9(2)(b) or (c) is not to apply in relation to certain liabilities incurred by the member; and
e
his assessment of–
i
the likely effectiveness of any steps being taken, or to be taken, by the member, as respects the manner in which it exercises any relevant function, with a view to reducing the incidence of qualifying liabilities in connection with that function, and
ii
the effectiveness of any such steps which may previously have been taken;
and may have regard to any other factor concerning that or any other member or the Scheme which he considers to be material to his determination.
3
The Secretary of State shall give notice in writing to each member–
a
as respects the membership year beginning on 1st April 1999, by no later than 31st May 1999; and
b
as respects any other membership year, by no later than 31st October in the preceding year;
of the amount of the payment which it is to make under paragraph (1).
4
Where, after notice has been given to a member in accordance with paragraph (3) in relation to any membership year, it appears to the Secretary of State that–
a
the amount specified in the notice was–
i
incorrectly calculated, or
ii
determined by reference to information which was incorrect, or
b
in the light of further information which has become available to him, the determination of that amount ought to be reconsidered, he shall reconsider the determination and may, at any time before the end of the membership year to which it relates, revise the amount of the payment to be made under paragraph (1).
5
Where an amount is revised under paragraph (4), the Secretary of State shall give to the member notice in writing of the revised amount, and that paragraph shall have effect in relation to that amount as if the notice had been given under paragraph (3).
6
Any amount which falls to be paid by a member under paragraph (1) shall be paid by the member to the Secretary of State–
a
in relation to the membership year beginning on 1st April 1999, by 30th June 1999 or by such later date as the Secretary of State may allow; and
b
in relation to any other membership year, at such time, or in such instalments at such times, and in such manner–
i
as the Secretary of State and the member may, by no later than 1st March immediately preceding the membership year in question, agree, or
ii
in default of such agreement by that date, as the Secretary of State shall determine.
Payments under the Scheme
9
1
Where, in any membership year, a payment falls to be made by any member in connection with a claim in respect of a qualifying liability, the Secretary of State may, subject to paragraph (2), pay to or on behalf of that member an amount determined by him in accordance with paragraph (3).
2
No payment shall be made under paragraph (1)–
a
in respect of any liability which falls to be met after a member has given notice under regulation 7(1) to terminate its participation in the Scheme, unless the Secretary of State is satisfied that the liability would have fallen to be met at that time irrespective of the member’s decision to give such notice;
b
in respect of any liability incurred by an eligible body before the beginning of its first membership year, unless–
i
the claim by a third party against the member in respect of that liability was made after the beginning of the first membership year,
ii
the Secretary of State is satisfied that the member informed him, by no later than the qualifying date, that the claim had been made,
iii
the Secretary of State agreed, no later than the beginning of the first membership year, that this sub-paragraph shall not apply so as to preclude a payment under paragraph (1) in respect of any claim in relation to which heads (i) and (ii) above are satisfied, and
iv
that agreement remains in force at the date on which the claim falls to be met by that member;
c
in respect of any liability which falls to be met after the date of the termination of the member’s participation in the Scheme, unless–
i
the claim by a third party against the member in respect of that liability was made prior to that date,
ii
the Secretary of State is satisfied that the member informed him, by no later than the qualifying date, that the claim had been made,
iii
prior to the date of termination of the member’s participation in the Scheme, the Secretary of State agreed that this sub-paragraph shall not apply so as to preclude a payment under paragraph (1) in respect of any claim in relation to which heads (i) and (ii) above are satisfied, and
iv
that agreement remained in force at the date of termination;
d
except to such extent as the Secretary of State may determine, in respect of–
i
any payment made by or liability admitted by any member without the Secretary of State’s consent;
ii
any liability of an amount which is less than that for the time being agreed between the Secretary of State and the Member as the minimum amount in respect of which payment is to be made under the Scheme;
iii
any liability of an amount in excess of such amount for the time being agreed by the Secretary of State and the Member as the maximum amount in respect of which a payment in respect of such liability may be made under the Scheme, to the extent of that excess; and
iv
any liability where the member has not complied with any condition imposed by the Secretary of State relating to that liability;
e
in respect of any liability which is of a nature in respect of which the Secretary of State has in respect of all members and in respect of the relevant membership year determined that the same is not eligible for payment under the Scheme.
3
The amount of any payment under paragraph (1) shall be determined by reference to–
a
where an award of damages is made against a member by a Court, the amount of that award, together with the amounts of the legal and associated costs awarded to the plaintiff and of any such costs incurred by or on behalf of the member;
b
where legal proceedings have been compromised by the member, the amount of–
i
any sum paid or payable where properly payable by the member in relation to the plaintiff’s claim for damages, and
ii
the member’s contribution towards any legal and associated costs incurred by or on behalf of the plaintiff, and
iii
any such costs incurred by the member;
c
where in any legal proceedings a Court has declined to award damages against the member, the amount of any legal and associated costs incurred by or on behalf of the member to the extent that such costs are not recoverable from the plaintiff or from the Legal Aid Board under section 18 of the Legal Aid Act 1988 ;
d
where, otherwise than in the course of legal proceedings–
i
a member has agreed to make a payment in settlement of a claim, the amount of that payment, and
ii
a member has agreed to make any contribution towards legal or associated costs incurred by a person in connection with that person’s claim against the member in respect of a qualifying liability, the amount of that contribution,
and the amount of any legal or associated costs incurred by or on behalf of the member in connection with the claim;
e
where a member has agreed to be bound by the determination of any person or body as to the making of a payment by that member in respect of a qualifying liability, the amount of the payment and the amount of any legal or associated costs incurred by the person making the claim and any such costs incurred by or on behalf of the member in connection with the claim;
f
where the member has decided to make a payment into the Court, the amount of that payment;
g
in respect of any contractual obligation, the amount properly payable under the relevant contract including the amount of any legal or associated costs incurred by or on behalf of the member and by the other contracting party.
4
Where in any membership year a payment (including a payment into court) falls to be made by a member in connection with a claim in respect of which a payment may become payable by the Secretary of State under this regulation, the Secretary of State may make a payment on account of any amount payable by him under this regulation.
5
Where the amount of any payment on account under paragraph (4) exceeds the amount of any payment the Secretary of State subsequently determines to make under this regulation the excess shall be recoverable from the member.
6
In this regulation–
a
“first membership year” means any membership year immediately following any period during which the eligible body was not a member;
b
“member” includes an eligible body whose participation in the Scheme has been terminated and in respect of whom the conditions specified in paragraph (2)(c)(iii) and (iv) are satisfied; and
c
“qualifying date” means the date falling 14 days after that on which the member became aware that a claim had been made, or after that on which, in the opinion of the Secretary of State, the member ought to have become aware of that fact, whichever is the later.
Provision of information
10
A member shall, at such times and in such manner as the Secretary of State may require, furnish to the Secretary of State such information as he may request, about–
a
the nature of any relevant function being carried on, or to be carried on, by the member in any membership year which the Secretary of State may specify;
b
the number of employees of the member who are engaged in its performance of any relevant function, or such part of any relevant function as the Secretary of State may specify, and the qualifications and experience of those employees; and
c
any event of which the member is aware which it considers might give rise to a qualifying liability.
Availability of directions and guidance
11
The Secretary of State shall make available to eligible bodies, in such form and at such times as he may consider appropriate–
a
any directions he may give, to any body directed under section 21(4)(b) of the Act to carry out functions in connection with the administration of the Scheme, with respect to the discharge by that body of those functions;
b
any guidance he may give to that body as to the manner in which the Scheme is to be administered.
Signed by authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
15th March 1999
We consent,
Clive Betts
David Jamieson
Two of the Lords Commissioners of Her Majesty’s Treasury
17th March 1999


text:
1
This Order may be cited as the Rail Vehicle Accessibility (Midland Metro T69 Vehicles) Exemption Order 1999 and shall come into force on 1st April 1999.
2
Any reference in this Order to a numbered regulation is a reference to a regulation bearing that number in the Rail Vehicle Accessibility Regulations 1998 .
3
This order applies to the rail vehicles numbered 1 to 16 of the class known as “Light Rail Vehicle Type T69” (‘the exempted vehicles’) as manufactured by Ansaldo Transport S.p.A. for use on Line 1 of the Midland Metro System.
4
1
Subject to articles 5 and 6 below, the exempted vehicles are hereby authorised to be used for carriage even though they do not conform with those provisions of the Rail Vehicle Accessibility Regulations 1998 referred to in paragraph (2) below.
2
The provisions with which the exempted vehicles are not required to conform are regulations–
4(3)(a);
11(1)(a) and (b), (2)(c) and (3);
13(7); and
16(1)(a), (c) and (e)(ii), (iii) and (iv).
5
1
The exemption given in respect of regulations 4(3)(a), 11(2)(c), and (3) and 16(1)(a), (c) and (e)(ii), (iii) and (iv) shall cease on 31st July 1999.
2
The exemption given in respect of regulation 13(7) shall cease on 31st December 2010.
3
The exemption given in respect of regulation 11(1)(a) and (b) shall cease on 31st December 2038.
6
1
The exemption given in respect of regulation 4(3)(a) shall have effect only if all the exempted vehicle’s doors which may be used by passengers at a station or a tram stop are opened by a member of the operator’s staff at that station or tram stop.
2
If any alteration is made to an external doorway of an exempted vehicle or to the door-operating mechanism of such a doorway then the authorisation to use that vehicle even though that doorway does not have handrails which conform to regulation 11(1)(a) shall cease to have effect in relation to that vehicle.
3
If any alteration is made to the layout of the seats or handrails inside an exempted vehicle then the authorisation to use that vehicle even though such handrails do not conform to regulation 11(1)(b) shall cease to have effect in relation to that vehicle.
4
The exemption given in respect of the requirements of regulation 11(3) shall have effect only if a member of the operator’s staff provides assistance on request to a disabled person who wants to travel in the upper passenger saloon of an exempted vehicle.
5
The authorisation shall cease forthwith in respect of an exempted vehicle:
a
which is operated by a person other than West Midlands Travel Limited unless the Secretary of State has been given written notice in advance specifying the name and address of that other person; or
b
which is operated on a route other than that authorised to be constructed by the Midland Metro Act 1989 unless the Secretary of State has been given written notice in advance of that other route with a plan showing that route.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Glenda Jackson
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
2nd March 1999


text:
1
These Regulations may be cited as the Civil Aviation (Canadian Navigation Services) (Second Amendment) Regulations 1999 and shall come into force on 1st October 1999.
2
The Civil Aviation (Canadian Navigation Services) Regulations 1998 , shall be amended as follows–
1
In regulation 4(1)(a) for the sum of $83.81 Canadian there shall be substituted the sum $73.04 Canadian.
2
In regulation 4(1)(b) for the sum of $50.61 Canadian there shall be substituted the sum $39.57 Canadian.
3
In regulation (4)(1)(d) for the sum of $0.03506 Canadian there shall be substituted the sum $0.03026 Canadian.
Signed by authority of the Secretary of State for the Environment, Transport and Regions
Gus Macdonald
Minister of State,
Department of the Environment, Transport and the Regions
26th August 1999
We consent to the making of these Regulations
Jim Dowd
Bob Ainsworth
Two of the Lords Commissioners of Her Majesty’s Treasury
27th August 1999


text:
Citation and commencement
1
These Regulations may be cited as the Vehicle Excise Duty (Immobilisation, Removal and Disposal of Vehicles) (Amendment) Regulations 1999 and shall come into force on 15th February 1999.
Amendment of the Vehicle Excise Duty (Immobilisation, Removal and Disposal of Vehicles) Regulations 1997
2
1
The Vehicle Excise Duty (Immobilisation, Removal and Disposal of Vehicles) Regulations 1997 shall be further amended as follows.
2
In regulation 10(4)(b) for “21 days” there shall be substituted “14 days”.
Signed by authority of the Secretary of State
Larry Whitty
Parliamentary Under Secretary of State,
Department of the Environment,Transport and the Regions
12th January 1999


text:
Citation and commencement
1
These Regulations may be cited as the National Health Service (Clinical Negligence Scheme) (Amendment) Regulations 1999 and shall come into force on 26th May 1999.
Amendment of regulation 9 of the National Health Service (Clinical Negligence Scheme) Regulations 1996
2
In regulation 9 of the National Health Service (Clinical Negligence Scheme) Regulations 1996 (payments under the scheme) —
a
in paragraph (1), for the words “pay to that member an amount” substitute the words “pay to or on behalf of that member an amount”;
b
in paragraph (2)(d), after head (iia) , insert the following heads: —
iib
any payment which falls to be made by a member where the member has not complied with any condition imposed by the Secretary of State relating to the claim,
iic
any payment into court which the member has made without the prior consent in writing of the Secretary of State,
;
c
in paragraph (3) —
i
omit the words “to a member”;
ii
in sub-paragraphs (a), (b)(iii), and (c), after the words “costs incurred by”, and in sub-paragraph (d) , after those words appear for the second time, insert the words “or on behalf of”;
iii
in sub-paragraph (b)(i), after the word “paid”, insert the words “or payable”;
iv
in sub-paragraph (e) , for the words “incurred by either party” substitute the words “incurred by the person making the claim and any such costs incurred by or on behalf of the member;”
v
after sub-paragraph (e) add the following sub-paragraph —
f
where the member has decided to make a payment into court, the amount of that payment;
.
Insertion of regulation 9A into the National Health Service (Clinical Negligence Scheme) Regulations 1996
3
After regulation 9 of the National Health Service (Clinical Negligence Scheme) Regulations 1996 insert the following regulation —
Payments on account
9A
1
Where, in any membership year, a payment (including a payment into court) falls to be made by a member in connection with a claim in respect of which a payment may become payable by the Secretary of State under regulation 9, the Secretary of State may make a payment on account of any amount which may become payable by him under that regulation.
2
Such payment on account may be made to or on behalf of the member.
3
Where the amount of any such payment on account exceeds the amount of any payment the Secretary of State subsequently determines to make under regulation 9 the excess shall be recoverable from the member.
Signed by authority of the Secretary of State for Health
Hayman
Parliamentary Under Secretary of State,
Department of Health
27th April 1999
Jim Dowd
Jane Kennedy
Two of the Lords Commissioners of Her Majesty’s Treasury
4th May 1999


text:
Title, extent and commencement
1
This Order may be cited as the Plant Health (Amendment) (England) (No. 2) Order 1999, shall extend to England and shall come into force on 1st December 1999.
Amendment of the Plant Health (Great Britain) Order 1993
2
1
The Plant Health (Great Britain) Order 1993 shall be amended in its application to England in accordance with the following paragraphs of this article.
2
Article 8(2) shall be replaced by the following —
2
Without prejudice to article 6, there shall not be moved within a protected zone described in Part B of Schedule 4 —
a
any plant, plant product or other object originating within that zone which is specified opposite the reference to that zone and is of a description specified in item 1.6, 1.7 or 1.8 of Part AII of Schedule 5 unless that plant, plant product or other object —
i
can reasonably be taken to be free from the plant pest in respect of which that zone has been recognised on the basis of a survey carried out under paragraph (1) above; and
ii
is accompanied by a plant passport valid for that zone;
b
any plant, plant product or other object originating within that zone which is specified opposite the reference to that zone and is of a description specified in any item of Part AII of Schedule 5 other than item 1.6, 1.7 or 1.8, unless that plant, plant product or other object has been the subject of a satisfactory plant health inspection at the place of production and is accompanied by a plant passport valid for that zone.
.
3
Article 17(2) shall be replaced by the following —
2
The authority to issue plant passports conferred on a business, individual or other organisation listed in the official register shall be conferred pursuant to —
a
a satisfactory inspection by an inspector of the place of production, any part thereof or any other premises handling any plant, plant product or other object which may require a plant passport, as appropriate, for the purpose of ascertaining for the purposes of this Order the plant health status of such plants, plant products or other objects at the place of production, any part thereof or any other premises; or
b
in the case of any plant, plant product or other object of a description specified in article 8(2)(a) which is intended to be moved within a protected zone, the satisfactory outcome of a survey carried out under article 8(1), showing that the plant, plant product or other object can reasonably be taken to be free from the plant pest in respect of which the zone was recognised.
.
Hayman
Minister of State, Ministry of Agriculture, Fisheries and Food
29th September 1999


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Blackdown Hills) Designation (Amendment) Order 1999 and shall come into force on 31st August 1999.
Interpretation
2
In this Order “the principal Order ” means the Environmentally Sensitive Areas (Blackdown Hills) Designation Order 1994 , as amended at the date that this Order comes into force.
Amendment of the principal Order
3
The principal Order shall be amended in accordance with the following provisions of this Order.
4
In article 2(1) of the principal Order, the provisions immediately following the words “In this Order–” to the end of article 2(1), in so far as they were made under section 18 of the Agriculture Act 1986, shall be deleted and the following definitions shall be inserted at their appropriate alphabetical place:
“agreement” means an agreement under section 18(3) of the Agriculture Act 1986 as respects agricultural land in the area designated by article 3;
“capital activity” means an activity specified in Schedule 1;
“conservation plan” means a plan incorporated into an agreement for the carrying out of one or more capital activities within a specified period;
“cultivated land” means land which is regularly ploughed or otherwise cultivated or that is regularly treated with fertilisers;
“farmer” means a person who has an interest in agricultural land in the area designated by article 3, and who has also entered into an agreement with the Minister;
“heathland” means sandy or chalky land which is free-draining and covered by semi-natural vegetation;
“improved permanent grassland” means permanent grassland that is regularly treated with fertilisers, and used for pasture or for the production of hay or silage;
“low input permanent grassland” means permanent grassland used for pasture or hay or silage production, which receives little or no fertiliser and which has the potential to develop or has developed botanical diversity;
“management activity” means an activity specified in Schedule 2;
“permanent grassland” means grassland which has not been ploughed or re-seeded for at least five years;
“public access route” means a strip of land which is the subject of an agreement and on which access is given to the public;
“woodland” means land used for woodland where that use is ancillary to the farming of land for other agricultural purposes.
.
5
In article 3 of the principal Order, for the words “dated 3rd March 1994, signed and sealed by the Minister” there shall be substituted “dated 31st July 1999, signed on behalf of the Minister by the Parliamentary Secretary”.
6
For article 4 of the principal Order and the heading thereto there shall be substituted the following article and heading–
Matters in respect of which payments may be made
4
Payments to be made by the Minister under an agreement may be made in respect of a capital activity or a management activity.
.
7
For article 5 of the principal Order there shall be substituted the following article and heading thereto–
Rates of payment
5
1
Payments to be made by the Minister under an agreement shall not exceed–
a
in the case of a management activity, the rate specified in respect of that activity in column 2 of Schedule 2; and
b
in the case of one or more capital activities included in a conservation plan, £100,000 in aggregate.
2
Any works which form part of an activity which constitutes both a management activity and a capital activity may by virtue of an agreement be eligible for payment either as part of a management activity or as part of a capital activity, but the agreement together with any conservation plan incorporated in it shall not provide for payment to be made on both such bases in respect of the same works.
.
8
For Schedule 1 to the principal Order there shall be substituted the Schedule set out in Schedule 1 to this Order.
9
For Schedule 2 to the principal Order there shall be substituted the Schedule set out in Schedule 2 to this Order.
10
The following provisions of the principal Order shall be deleted–
a
articles 6 and 7; and
b
Schedules 3, 4, 5 and 6.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
31st July 1999
We consent,
Jim Dowd
Bob Ainsworth
Two of the Lords Commissioners of Her Majesty’s Treasury
9th August 1999


text:
Title, commencement, extent and interpretation
1
1
These Regulations may be cited as the Animal Feedingstuffs from Belgium (Control) (England and Wales) (No. 4) Regulations 1999, shall come into force on 23rd December 1999 and shall extend to England and Wales.
2
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Food Safety Act 1990 and any expressions used both in these Regulations and in the Act have the meaning they bear in the Act;
“controlled entity” means any product or material which is excluded from the definition of “relevant animal product” in the Order solely by reason that it is not food; and
“the Order” means the Food (Animal Products from Belgium) (Emergency Control) (England and Wales) Order 1999 and any expressions used both in these Regulations and in the Order have the meaning they bear in the Order.
Exemptions
2
1
Regulation 3 of these Regulations shall not apply to —
a
the importation into England and Wales of any controlled entity if, when imported, that controlled entity is accompanied by valid certification relating to it, as specified in paragraph (3) below;
b
any subsequent activity in relation to the controlled entity, if it can be proved by the person carrying out the activity that at the time of importation into the United Kingdom it was so accompanied; or
c
the return to Belgium, under cover of an official certificate in accordance with Article 4 of the Commission Decision, of any controlled entity.
2
Regulation 5 of these Regulations shall not, save for sub-paragraphs (a) and (b) of paragraph (1) thereof, apply to any imported controlled entity which is accompanied by valid certification relating to it as specified in paragraph (3) below.
3
The certification to which paragraphs (1)(a) and (b) and (2) above apply is the certification which would have applied in relation to the controlled entity by virtue of Article 2 of the Order, had the Order extended to controlled entities.
Prohibitions and offence
3
1
Subject to paragraph (2) below —
a
no person shall sell any controlled entity for the purpose of its being used to feed to an animal or in the manufacture of a product for such use;
b
no person shall possess, offer, expose, advertise, prepare, present, label, wrap, store or transport any such controlled entity for sale for that purpose;
c
no person shall consign, deliver or serve any such controlled entity by way of sale for that purpose;
d
no person shall derive material from any controlled entity for that purpose; and
e
no person shall import or export any controlled entity.
2
Paragraph (1) above shall not be taken to prohibit the bringing into England and Wales, from a member State, of any controlled entity in free circulation in that member State.
3
Any person who knowingly contravenes paragraph (1) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale or imprisonment not exceeding three months.
Enforcement
4
1
These Regulations shall be enforced and executed by each relevant authority, namely the Minister of Agriculture, Fisheries and Food, the Secretary of State and each food authority and port health authority within its area or district, as appropriate.
2
For the purposes of the return to Belgium of any product as specified in regulation 2(1)(c) of these Regulations, the competent authority for the purposes of the official certificate shall be the Minister of Agriculture, Fisheries and Food, the Secretary of State, any authorised officer of a food authority or any inspector appointed by such an authority, where it is also an authority with responsibilities under section 67 of the Agriculture Act 1970 .
3
An authorised officer of a relevant authority shall have the same powers of entry for the purposes of the exercise of that duty as are bestowed on an authorised officer of an enforcement authority by section 32 of the Act for purposes connected with the Act or regulations or orders under the Act, and shall also have, in relation to any business producing material to feed to animals, the same power as an authorised officer of an enforcement authority has under that section in relation to a food business.
4
Each port health authority or food authority, as appropriate, shall give such assistance and information to the Minister of Agriculture, Fisheries and Food or the Secretary of State as he may request in connection with the implementation of the Commission Decision in relation to controlled entities.
Application and modification of various provisions of the Act
5
1
Section 9 of the Act (inspection and seizure of suspected food) shall apply for the purposes of these Regulations, subject to the following modifications —
a
the references in subsections (1) and (2) to “food authority” shall be construed as including reference to a port health authority, the Minister of Agriculture, Fisheries and Food and the Secretary of State;
b
subsections (1) and (2) shall extend to any product or material which appears to an authorised officer to come within the definition of “controlled entity”;
c
subsections (3) to (8) shall apply —
i
to any product or material falling within sub-paragraph (b) above as it applies to food which appears to an authorised officer to fail to comply with food safety requirements or to be likely to cause food poisoning or any disease communicable to human beings, and
ii
to any controlled entity as if it were food which failed to comply with food safety requirements,
save that each reference to human consumption shall be taken as a reference to animal consumption, and that a justice of the peace shall decline to condemn any product or material falling within sub-paragraph (b) above under subsection (6) thereof if and only if it is proved to him that it does not comprise a controlled entity or is to be returned to Belgium as specified in regulation 2(1)(c) of these Regulations.
2
The following provisions of the Act shall apply, subject to paragraph (3) below, for the purposes of these Regulations and any reference in those provisions to the Act shall be construed for the purposes of these Regulations as a reference to these Regulations —
a
section 33 (obstruction etc. of officers);
b
section 35(1) (punishment of offences) in so far as it relates to offences under section 33 as applied by sub-paragraph (a) above; and
c
section 44 (protection of officers acting in good faith).
3
In section 44 of the Act the references to “food authority” shall be construed as including reference to a port health authority.
Revocation
6
The Animal Feedingstuffs from Belgium (Control) (England and Wales) (No. 3) Regulations 1999 are hereby revoked.
Hayman
Minister of State Ministry of Agriculture, Fisheries and Food
20th December 1999


text:
Citation and commencement
1
This Order may be cited as the Visiting Forces and International Headquarters (Application of Law) Order 1999 and shall come into force on the day after the date on which it is made.
Interpretation
2
In this Order —
“military member of a headquarters” shall be construed in accordance with paragraph 1 of the Schedule to the International Headquarters and Defence Organisations Act 1964; and
“service court” means a service court of a country in respect of which section 8 of the Visiting Forces Act 1952 has effect.
Visiting forces and headquarters to which the Order applies
3
1
This Order applies to a visiting force of —
a
any country specified in Part I of Schedule 1, or
b
any country specified in Part II of that Schedule, where that country has been designated by Order in Council under section 1(2) of the Visiting Forces Act 1952 for the purposes of giving effect to section 8 of that Act with respect to that country.
2
This Order applies to the headquarters specified in Schedule 2.
Provision of supplies
4
1
For the purposes of the Supply Powers Act 1975 (which enables the Secretary of State to acquire, produce, dispose etc. of articles required for the public service and to exercise certain other powers in relation to such articles), any reference to articles required for the public service shall, subject to paragraph (2), include a reference to articles required for the purposes of a visiting force or headquarters; and the expression “works required for the public service” shall be construed accordingly.
2
Paragraph (1) shall only enable the Secretary of State to exercise his powers under the Supply Powers Act 1975 in relation to articles required for the purposes of a visiting force or headquarters to the extent that those powers would be exercisable if the visiting force or headquarters were a part of any of the home forces.
Exercise of powers by the Secretary of State in relation to land
5
1
Any power in relation to land or other premises conferred upon the Secretary of State by the Defence Acts , the Military Lands Acts 1892 to 1903 , or sections 36 to 39 of the Requisitioned Land and War Works Act 1945 (which relate to the acquisition of easements or other rights restrictive of the user of any land), may be exercised for the purposes of a visiting force or headquarters to the extent that those powers would be exercisable if the visiting force or headquarters were a part of any of the home forces.
2
For the purposes of the exercise of the powers conferred by paragraph (1), the enactments specified in that paragraph shall have effect subject to the modifications set out in Schedule 3.
3
The powers conferred on the Secretary of State by the Land Powers (Defence) Act 1958 may be exercised for the purposes of a headquarters to the extent that those powers would be exercisable if the headquarters were a part of any of the home forces; and accordingly in that Act any reference to defence purposes shall include a reference to any purpose of a headquarters.
4
In this Article the “Defence Acts” means the Defence Acts 1842 to 1873, the Ordnance Board Transfer Act 1855 , section 7 of the Lands Clauses Consolidation Acts Amendment Act 1860 , the Defence Act Amendment Act 1864 , and section 7 of the Militia (Lands and Buildings) Act 1873 .
Use of intellectual property rights
6
Schedule 4 shall have effect with respect to the use for the purposes of a visiting force or headquarters of intellectual property rights.
Wireless telegraphy, postal service and telecommunication systems
7
1
The establishment or use of a station for wireless telegraphy, and the installation or use of any apparatus for wireless telegraphy, by —
a
a member of a visiting force or any person working in support of such a force, or
b
a member of a headquarters,
if done in the course of his duties as such, shall be exempt from the operation of Part I of the Wireless Telegraphy Act 1949 (which provides for the licensing etc. of wireless telegraphy).
2
Section 10 of the Wireless Telegraphy Act 1949 (which is concerned with regulating the radiation of electro-magnetic energy from apparatus), and any regulations made thereunder, shall not apply to the use of any apparatus by a member of a visiting force or headquarters, if done in the course of his duties as such.
3
Section 66 of the British Telecommunications Act 1981 (which confers on the Post Office the exclusive privilege of conveying etc. letters in the United Kingdom) shall not have effect to prohibit a visiting force or headquarters from conveying letters from one place to another in the United Kingdom, or from performing the incidental services of receiving, collecting and delivering letters in the United Kingdom.
4
The running of a telecommunications system by a visiting force or headquarters for service purposes shall be exempt from the operation of Part II of the Telecommunications Act 1984 (which provides for the licensing etc. of telecommunications systems).
5
The provisions of this article shall only have effect in relation to a visiting force or headquarters, or a member of such a force or headquarters, or a person working in support of such a force, to the extent provided by an agreement for the time being in force made by or on behalf of Her Majesty’s Government in the United Kingdom with (as the case may be) —
a
the Government or the service authorities of the country to which the visiting force belongs, or
b
the headquarters.
6
Where a provision of this article has effect by virtue of such an agreement, it shall be subject to such conditions and restrictions as may be specified in the agreement.
7
In this article, “service purposes” means naval, military or air force purposes.
Road vehicles
8
1
Subject to paragraphs (6) and (7) —
a
Part VI of the Transport Act 1968 (which is concerned with the regulation of drivers’ hours), and
b
the provisions of the Road Traffic Regulation Act 1984 (“the 1984 Act ”) and the Road Traffic Act 1988 (“the 1988 Act ”) specified in paragraph (2),
shall not apply to a person or vehicle in the service of a visiting force or headquarters.
2
The provisions referred to in paragraph (1)(b) are —
a
sections 6 to 8, 19, 20, 102 and 103 of the 1984 Act; and
b
sections 68 to 74, 123 to 162, 165, 170(5) to (7) and 171 of the 1988 Act.
3
Section 130(3) of the 1984 Act (which enables the Secretary of State to vary in relation to certain vehicles provisions imposing speed limits) shall have effect in relation to vehicles used for the purposes of a visiting force or headquarters, while being driven by a person subject to the orders of a member of such a force or headquarters, as it has effect in relation to vehicles used for naval, military or air force purposes, while being driven as mentioned in that subsection.
4
Neither section 97(3) nor section 98(3) of the 1988 Act, in so far as they prevent such a licence as is there mentioned from authorising a person to drive certain motor cycles, shall apply in the case of motor cycles in the service of a visiting force.
5
Subject to any regulations made under section 101(2) of the 1988 Act, that section (in so far as it prohibits persons under 21 from holding or obtaining a licence to drive motor vehicles or persons under 18 from holding or obtaining a licence to drive medium-sized goods vehicles) shall not apply in the case of vehicles in the service of a visiting force.
6
Section 165 of the 1988 Act, in so far as it provides for the production of test certificates and the giving of names and addresses, shall apply to a person in connection with a vehicle to which section 47 of the 1988 Act applies notwithstanding that he or the driver is or was at any material time a person in the service of a visiting force or headquarters.
7
Section 165(1) of the 1988 Act, in so far as it provides for the production of any certificate mentioned in subsection (2)(c) of that section, shall apply to a person in connection with a goods vehicle so mentioned notwithstanding that he or the driver is or was at any material time a person in the service of a visiting force or headquarters.
8
No vehicle excise duty shall be charged under the Vehicle Excise and Registration Act 1994 in respect of any vehicle in the service of a visiting force.
9
In this article and in article 9 —
a
any reference to a person in the service of a visiting force or headquarters is a reference to —
i
a member of a visiting force or headquarters, or
ii
a person employed in the service of such a force,
when acting in the course of his duties as such; and
b
any reference to a vehicle in the service of a visiting force or headquarters is a reference to a vehicle (including a motorcycle) —
i
which belongs to a visiting force or headquarters and is used for the purposes of that force or headquarters, or
ii
which is used for the purposes of a visiting force or headquarters, while being driven by a person for the time being subject to the orders of a member of a visiting force or headquarters.
Road vehicles (Northern Ireland)
9
1
The following provisions shall not apply to a person or vehicle in the service of a visiting force or headquarters —
a
articles 56 and 58(2) and Part VIII of the Road Traffic (Northern Ireland) Order 1981 , and
b
articles 76 to 82 of the Road Traffic (Northern Ireland) Order 1995 .
2
In Article 214(1) of the Road Traffic (Northern Ireland) Order 1981 (which gives the Department of the Environment power to make regulations to exempt from the provisions of that Order vehicles owned or used for the purposes of any service of the Crown and persons driving such vehicles) the reference to vehicles owned or used for the purposes of any service of the Crown and persons driving such vehicles shall include a reference to vehicles or persons in the service of a visiting force or headquarters.
Exemption from harbour dues
10
1
For the purposes of any special Act within the meaning of the Harbours, Docks and Piers Clauses Act 1847 (“the 1847 Act ”), section 28 of the 1847 Act (which exempts vessels in Her Majesty’s service etc. from the payment of rates or duties) shall have effect as if —
a
members of a visiting force or headquarters,
b
persons employed in the service of such a force, and
c
vessels, aircraft, stores and goods used for the purposes of such a force or headquarters,
were entitled to the same exemptions and immunities and privileges as such members, persons or property would enjoy under that section if the visiting force or headquarters were a part of any of the home forces.
2
Where in relation to any harbour, dock or pier there is an agreement in force made on behalf of Her Majesty under which sums are payable on account of rates and duties to which section 28 of the 1847 Act applies, a visiting force or headquarters shall be liable to pay an amount equal to the amount that would be payable under that agreement if the force or headquarters were a part of any of the home forces.
3
Any sums payable under paragraph (2) shall be payable to the person to whom the sums would be payable under the agreement referred to in that paragraph.
Town and country planning
11
1
The Town and Country Planning Act 1990 , the Planning (Listed Buildings and Conservation Areas) Act 1990 and the Planning (Hazardous Substances) Act 1990 (referred to collectively below as “the Planning Acts”) shall apply to land —
a
in which an interest is held by or on behalf of a visiting force or headquarters, and
b
which is used for the purposes of that force or headquarters,
to the extent that it applies to Crown land within the meaning of respectively section 293(1) of the Town and Country Planning Act 1990, section 83(5) of the Planning (Listed Buildings and Conservation Areas) Act 1990, and section 31(3) of the Planning (Hazardous Substances) Act 1990.
2
In their application to land such as is mentioned in paragraph (1), the Planning Acts shall have effect as if in those Acts —
a
any reference to Crown land included a reference to such land;
b
any reference to the Crown included a reference to the visiting force or headquarters; and
c
any reference to the appropriate authority was a reference to the Ministry of Defence.
3
Paragraphs (1) and (2) shall apply to Scotland with the substitution —
a
for references to the Town and Country Planning Act 1990, the Planning (Listed Buildings and Conservation Areas) Act 1990, and the Planning (Hazardous Substances) Act 1990 of references respectively to the Town and Country Planning (Scotland) Act 1997 , the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 and the Planning (Hazardous Substances) (Scotland) Act 1997 ; and
b
in paragraph (1), for the words from “Crown land” to the end of the paragraph of the words —
Crown land within the meaning of respectively section 242(1) of the Town and Country Planning (Scotland) Act 1997, section 74(6) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 and section 31(3) of the Planning (Hazardous Substances) (Scotland) Act 1997.
4
Paragraphs (1) and (2) shall apply to Northern Ireland with —
a
the omission of references to the Planning (Listed Buildings and Conservation Areas) Act 1990, and the Planning (Hazardous Substances) Act 1990; and
b
the substitution —
i
for the reference to the Town and Country Planning Act 1990 of a reference to the Planning (Northern Ireland) Order 1991 ; and
ii
in paragraph (1), for the reference to section 293(1) of that Act of a reference to section 118(1) of that Order.
Miscellaneous exemptions, immunities and privileges
12
1
A visiting force or headquarters, members of such a force or headquarters, persons employed in the service of such a force, and property used for the purposes of such a force or headquarters shall be exempt from the operation of the enactments specified in Schedule 5 to the extent that, by virtue of the rule of law whereby enactments do not bind the Crown, such a force or headquarters, such members, such persons, or such property, would be so exempt if the force or headquarters were a part of any of the home forces.
2
The enactments specified in the left hand column of Schedule 6 shall have effect subject to the modifications set out in the right hand column of that Schedule (being modifications which have the effect of conferring on a visiting force or headquarters, members of such a force or headquarters, persons employed in the service of such a force, or property used for the purposes of such a force or headquarters, the same exemptions, privileges and immunities which they would enjoy under those enactments if the force or headquarters formed a part of any of the home forces).
Application of Factories Acts
13
1
For the purposes of the Factories Act 1961 (“the 1961 Act ”) and the Factories Act (Northern Ireland) 1965 (“the 1965 Act ”) —
a
any premises in the occupation of a visiting force or headquarters shall not be deemed not to be a factory, and
b
any building operations or works of engineering construction undertaken by or on behalf of a visiting force or headquarters shall not be excluded from the operation of those Acts,
by reason only that the work carried on there is not carried on by way of trade or for the purposes of gain.
2
The power under section 173(1) of the 1961 Act, or under section 173(1) of the 1965 Act, to exempt by order certain factories, building operations or works of engineering construction shall apply to —
a
a factory belonging to, and in the occupation of, a visiting force as it applies to a factory belonging to the Crown; and
b
any building operations or works of engineering construction undertaken by or on behalf of a visiting force or headquarters as it applies to any such operations or works where undertaken by or on behalf of the Crown.
Notification of diseases
14
Any reference —
a
in section 11 of the Public Health (Control of Disease) Act 1984 (which requires cases of notifiable diseases and food poisoning to be reported) to a registered medical practitioner, or
b
in section 2 of the Public Health Act (Northern Ireland) 1967 (which specifies the duties of a medical practitioner on diagnosis of notifiable diseases) to a medical practitioner,
shall include a reference to a person who holds an appointment as a medical officer in the service of a visiting force or headquarters.
Application of Clean Air legislation
15
The Clean Air Act 1993 (except Parts IV and V) and the Clean Air (Northern Ireland) Order 1981 shall have effect in relation to premises occupied for the purposes of a headquarters as if the premises were occupied for the public service of the Crown and were under the control of the government department by arrangement with whom the premises are occupied.
Attendance of witnesses before service courts
16
Schedule 7 shall have effect with respect to the attendance of witnesses before service courts, and with respect to the privileges and immunities of such witnesses and courts.
Temporary detention of persons sentenced by service courts
17
Schedule 8 shall have effect with respect to the temporary detention in the United Kingdom of persons sentenced by service courts.
Punishment for inducing or assisting desertion
18
Section 192 of the Army Act 1955 (punishment for procuring and assisting desertion or absence without leave) shall have effect as if any reference to a member of any of Her Majesty’s regular military forces included a reference to a member of a visiting force or a military member of a headquarters.
Revocations
19
The instruments specified in column 1 of Schedule 9 are hereby revoked to the extent specified in column 3 of that Schedule.
A. K. Galloway
Clerk of the Privy Council


text:
1
These Regulations may be cited as the Income Tax (Employments) (Amendment No. 2) Regulations 1999 and shall come into force on 6th April 1999.
2
In regulation 41(3) of the Income Tax (Employments) Regulations 1993 for “£600” there shall be substituted “£1000”.
S C T Matheson
G H Bush
Two of the Commissioners of Inland Revenue
16th March 1999


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (North Kent Marshes) Designation (Amendment) Order 1999 and shall come into force on 15th June 1999.
Interpretation
2
In this Order, “the principal Order ” means the Environmentally Sensitive Areas (North Kent Marshes) Designation Order 1993 .
Amendment of the principal Order
3
Part I of Schedule 2 to the principal Order (management activities) shall be amended as follows–
a
in paragraph 1, for “130” there shall be substituted “120”; and
b
in paragraph 2, for “200” there shall be substituted “230”.
Saving
4
Article 3 of this Order shall not apply in respect of any payment to a farmer which relates to any period before 1st May 1999.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
12th May 1999
We consent,
Jane Kennedy
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
13th May 1999


text:
Citation and commencement
1
This Order may be cited as the Sandwell Healthcare National Health Service Trust (Establishment) Amendment Order 1999 and shall come into force on 25th January 1999.
Amendment of NHS trust Establishment Order
2
For article 3 of the Sandwell Healthcare National Health Service Trust (Establishment) Order 1994 (functions of the trust) there shall be substituted the following article —
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions shall be —
a
to own and manage pursuant to section 5(1)(a) of the Act Sandwell District General Hospital, Lyndon, West Bromwich B71 4HJ and associated hospitals and there to provide and manage hospital accommodation and services and community health services;
b
to provide and manage pursuant to section 5(1)(b) of the Act premises at: —
i
Neptune Health Park, Sedgley Road, West Tipton,
ii
Hateley Heath Family Education and Training Centre, Huntingdon Road, Hateley Heath, West Bromwich B17 2RP,
iii
Parkside Centre, Corbett Street, Smethwick, and
iv
Asian Sheltered Accommodation, Fenton Street, Smethwick,
and there to provide community health services..
Signed by authority of the Secretary of State for Health.
John Denham
Minister of State,
Department of Health
13th January 1999


text:
1
This Order may be cited as the Value Added Tax (Input Tax) (Specified Supplies) 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
The supplies described in articles 3 and 4 below are hereby specified for the purposes of section 26(2)(c) of the Value Added Tax Act 1994.
3
Services–
a
which are supplied to a person who belongs outside the member States;
b
which are directly linked to the export of goods to a place outside the member States; or
c
which consist of the provision of intermediary services within the meaning of item 4 of Group 2, or item 5 of Group 5, of Schedule 9 to the Value Added Tax Act 1994 in relation to any transaction specified in paragraph (a) or (b) above,
provided the supply is exempt, or would have been exempt if made in the United Kingdom, by virtue of any item of Group 2, or any of items 1 to 6 and item 8 of Group 5, of Schedule 9 to the Value Added Tax Act 1994.
4
Supplies made either in or outside the United Kingdom which fall, or would fall, within item 1 or 2 of Group 15 of Schedule 9 to the Value Added Tax Act 1994 (investment gold).
5
The Value Added Tax (Input Tax) (Specified Supplies) Order 1992 is hereby revoked.
Bob Ainsworth
David Jamieson
Two of the Lords Commissioners of Her Majesty’s Treasury
19th November 1999