text:
Citation and commencement
1
1
This Order may be cited as the Workington Harbour Revision Order 1999 and shall come into force on 12th January 2000.
2
The Workington Harbour Acts and Order 1957 to 1988 and this Order may be cited together as the Workington Harbour Acts and Orders 1957 to 1999.
Interpretation
2
In this Order words and expressions to which a meaning is assigned by the Workington Harbour Act 1974 have the same meaning as in that Act, and–
“general direction” means a direction authorised by article 3 (General directions to vessels) below;
“the harbour approaches” means the area hatched black on the signed plan;
“the signed plan” means the plan prepared in triplicate signed by the Head of Ports Division, Department of the Environment, Transport and the Regions, two copies of which have been deposited at that Department and one copy of which has been deposited at the offices of the Council at the Harbour Office, Prince of Wales Dock, Workington, Cumbria EA14 2JH;
“level of high water” means the level of mean high-water springs;
“length” in relation to vessel means the overall length from the foreside of the foremost fixed permanent structure to the aftside of the aftermost fixed permanent structure of the vessel;
“special direction” means a direction authorised by article 5 (Special directions to vessels) below or by section 52 of the Act of 1847.
“statutory undertaker” means–
any person who is a statutory undertaker for any of the purposes of the Town and Country Planning Act 1990 ;
any other person who exercises functions under the Land Drainage Act 1991 or the Water Resources Act 1991 ;
a coast protection authority within the meaning of section 1 of the Coast Protection Act 1949 ;
any operator of a telecommunication code system.
General directions to vessels
3
1
The Council may, after consultation with the Chamber of Shipping in each case of an exercise of the powers, give directions for the purpose of promoting or securing conditions conducive to the ease, convenience or safety of navigation in the harbour and the harbour approaches and, without prejudice to the generality of the foregoing, for any of the following purposes–
a
for designating areas, routes or channels in the harbour and the harbour approaches which vessels are to use, or refrain from using, for movement or mooring;
b
for securing that vessels move only at certain times or during certain periods;
c
for requiring the master of a vessel to give to the harbour master information relating to the vessel reasonably required by the harbour master for the purposes of this paragraph.
2
Directions given under paragraph (1) above may apply–
a
to all vessels or to a class of vessels designated, or the designation of which is provided for, in the direction; and
b
to the whole of the harbour and the harbour approaches, or to a part designated, or the designation of which is provided for, in the direction; and
c
at all times or at times designated, or the designation of which is provided for, in the direction;
and every direction given under this article shall specify the extent of its application in relation to the matters referred to in sub-paragraphs (a), (b) and (c) above.
3
The Council may, after consultation with the Chamber of Shipping, revoke or amend directions given under this article.
Publication of general directions
4
1
Notice of the giving of a general direction and of any amendment or revocation of a general direction shall, except in case of emergency, be published by the Council as soon as practicable once in Lloyd’s List or some other newspaper specialising in shipping news; and, if the notice relates to the giving or amendment of a direction, the notice shall state a place at which copies thereof may be inspected and bought, and the price thereof.
2
In an emergency, notice of the giving of a general direction or of any amendment or revocation of a general direction may be given in any manner the Council consider appropriate.
Special directions to vessels
5
1
In addition to the directions which he may give under section 52 of the Act of 1847 the harbour master may give a direction under this article in respect of a vessel anywhere within the harbour or the harbour approaches–
a
requiring persons to comply with a requirement made in or under a general direction;
b
regulating the loading, discharging, storing and safeguarding of its cargo, fuel, water or stores, and the dispatch of its business at the harbour premises.
2
A special direction may be given in any manner considered by the harbour master to be appropriate.
3
The harbour master may revoke or amend a special direction.
Master’s responsibility to be unaffected
6
The giving of a general direction or a special direction shall not diminish or in any other way affect the responsibility of the master of the vessel to which the direction is given in relation to his vessel, persons on board, its cargo or any other person or property.
Failure to comply with directions
7
1
The master of a vessel who fails without reasonable excuse to comply with a general direction or a special direction shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
2
In any proceedings for an offence under paragraph (1) above, it shall be a defence for the person charged to prove that he had reasonable grounds for believing that non-compliance with the direction in question was necessary to secure the safety of any vessel or to prevent injury to any person or damage to any vessel or cargo, or that in the circumstances compliance was impracticable.
Enforcement of directions
8
1
If a special direction is not complied with within a reasonable time the harbour master may, where practicable, put persons on board the vessel to carry out the direction or may otherwise cause the vessel to be handled in accordance with the direction.
2
If there is no one on board the vessel to comply with a special direction, the harbour master may proceed as if the direction had been given and not complied with; but he shall not do so unless, after reasonable inquiry has been made, the master cannot be found.
3
Expenses incurred in the exercise of the powers conferred by this article shall be recoverable by the Council from the owner of the vessel.
Repeal
9
Section 53 of the Act of 1847 shall cease to apply to the harbour undertaking and subsection (2) of section 32 (Directions of harbour master) of the Workington Harbour and Dock (Transfer) Act 1957 is hereby repealed.
Restriction of dredging
10
1
Subject to paragraph (4) below, no person other than the Council shall dredge on, under or over tidal waters or tidal land below the level of high water in the harbour unless he is licensed to do so by a dredging licence, nor except upon the terms and conditions, if any, upon which the licence is granted and in accordance with plans, sections and particulars approved in pursuance of article 12 of this Order.
2
Any person who without reasonable excuse contravenes this article shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
3
The Council may by notice require a person who contravenes this article to abate or rectify, within a reasonable time specified in the notice, any operation or omission to which the contravention relates, and to restore the site thereof to its former condition; and if that person fails to comply with the notice, the Council may carry out the work so required and recover from him the cost of so doing.
4
Nothing in this article shall apply to–
a
any operations specifically authorised by any enactment; or
b
any operations of a statutory undertaker.
Control of certain operations of statutory undertakers
11
1
This article applies to any dredging in the harbour by a statutory undertaker on, under or over tidal waters or tidal land below the level of high water in the harbour, not being dredging which is specifically authorised by any enactment.
2
Subject to paragraph (3) below, a statutory undertaker shall not carry out any dredging to which this article applies unless it has given notice of its intention to do so to the Council and has supplied the Council with such particulars as they may reasonably require.
3
Where, in an emergency, it is impracticable to give notice as required by paragraph (2) above, the statutory undertaker shall inform the Council of the dredging as soon as reasonably practicable.
4
Any dredging to which this article applies shall be carried out subject to any directions which may from time to time be given by the Council to the statutory undertaker, being directions such as in the opinion of the Council are necessary for the avoidance of danger and the prevention, so far as reasonably possible, of interference with navigation in the carrying out of such dredging.
5
Any person who without reasonable excuse contravenes this article shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Licensing of dredging
12
1
The Council may, upon such terms and conditions as they think fit, grant to any person, a licence to deepen, dredge, scour, cleanse, alter or improve the bed, foreshore and channels of the harbour.
2
Application for a dredging licence shall be made in writing to the Council and shall be accompanied by plans, sections and particulars defining the nature, extent and manner of the operation to be carried out in pursuance of the licence, and, in granting any such licence, the Council may require modifications in the plans, sections and particulars so submitted.
3
The Council may require an applicant for a dredging licence, on making his application, to pay a reasonable charge in respect of the administrative expenses of dealing with the application, and different charges may be required to be paid in relation to different cases or classes of case.
4
a
On receipt of an application for a dredging licence the Council shall serve on the Environment Agency a copy of the application and all plans, sections and particulars incidental thereto.
b
The Council shall consider such observations as the Environment Agency may submit to the Council within six weeks after service on the Environment Agency of the application and particulars as aforesaid, and shall not grant a dredging licence before the expiry of that period.
c
In granting any dredging licence in response to such an application the Council shall impose on the applicant such terms and conditions as give effect to such reasonable requirements to prevent pollution of any watercourse, to safeguard it against damage or to secure that its efficiency for land drainage purposes is not impaired, as the Environment Agency may, within the said period, make in any observations to the Council.
d
The provisions of sub-paragraph (c) above are subject to the Council’s duty under article 13(5) of this Order to give effect to any decision or requirement given or made by the Secretary of State under article 13(4) of this Order.
5
Where the Council refuse to grant a dredging licence which has been applied for they shall give reasons in writing for the refusal.
6
Where the Council grant a dredging licence upon terms and conditions or require any modifications in the plans and particulars, they shall give reasons in writing for the terms and conditions imposed or the modifications required.
7
In the carrying out of operations in pursuance of a dredging licence, the holder of the licence shall not–
a
interfere with, damage or otherwise injuriously affect any apparatus belonging to or maintained by a statutory undertaker;
b
do anything which will obstruct or impede any work relating to the inspection or repair of any such apparatus;
without the consent of the person or body concerned.
8
If within three months from the receipt of an application under paragraph (2) above the Council do not grant a dredging licence, they shall be deemed to have refused the application.
9
Any materials (other than a wreck within the meaning of Part IX of the Merchant Shipping Act 1995 ) taken up or collected in pursuance of the licence shall be the property of the holder of the licence, who may, subject to paragraph 10 below–
a
use, remove, sell or otherwise dispose of; or
b
lay down or deposit the materials as they think fit.
10
No such materials shall–
a
be disposed of in contravention of the provisions of any enactment relating to the keeping or disposal of waste; or
b
be laid down or deposited in any place below the level of high water except in such a position as may be approved by the Secretary of State and subject to such conditions or restrictions as he may impose.
Appeals in respect of dredging licences
13
1
An applicant for a dredging licence who is aggrieved by–
a
a refusal of the Council to grant a licence; or
b
any terms or conditions subject to which the licence is granted; or
c
any modifications required by the Council in the plans, sections and particulars submitted by the applicant;
may within 28 days from the date on which the Council notify the applicant of their decision, or the date on which the Council are, under article 12(8) of this Order, deemed to have refused the application, appeal to the Secretary of State.
2
An appeal under paragraph (1) above shall be made by notice in writing stating the grounds of appeal.
3
a
A person who appeals under paragraph (1) above shall send to the Council a copy of his notice of appeal.
b
The Council may, within 28 days from the receipt of the notice, make to the Secretary of State representations in writing on the appeal; and, if they do, they shall as soon as reasonably practicable send a copy of their representations to the appellant.
4
On an appeal under paragraph (1) above, the Secretary of State may–
a
dismiss the appeal; or
b
require the Council to grant the licence or, as the case may be, to give their approval upon such terms or conditions and with such modifications (if any) of plans, sections or particulars as the Secretary of State may specify.
5
The Council shall give effect to any decision or requirement given or made by the Secretary of State under paragraph (4) above.
Registration of small vessels
14
1
In this article “small vessel” means any vessel of less than 24 metres in length.
2
No person shall keep, navigate or use a small vessel within the harbour unless the owner of the vessel has registered the vessel with the harbour master and supplied such information as the harbour master may reasonably require, including the name and address of the owner, details of the vessel and the place where the vessel is normally kept, if that place is within the harbour, and the purpose for which the vessel is or is to be kept, navigated or used within the harbour.
3
The owner of a small vessel shall forthwith give notice to the harbour master if the vessel is sold or its ownership is otherwise transferred or if there is any other alteration in the particulars which have been registered.
Byelaws
15
The purposes for which the Council may make byelaws under section 23 of the Workington Harbour Act 1974 shall extend to requiring vessels to carry specified safety equipment and apparatus.
Boarding of vessels
16
A duly authorised officer of the Council may, on producing his authority if so required, enter and inspect a vessel in the harbour for the purposes of any enactment of local application relating to the harbour (including any such enactment contained in subordinate legislation) or of any byelaw of the Council relating to the harbour, including the enforcement thereof.
Crown rights
17
1
Nothing in this Order shall affect prejudicially any estate, right, power, privileges, authority or exemption of the Crown and, in particular and without prejudice to the generality of the foregoing, nothing in this Order shall authorise any person to take, use, enter upon or in any manner interfere with, any land or hereditaments or any rights of whatsoever description (including any portion of the shore or bed of the sea or of any river, channel, creek, bay or estuary)–
a
belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners, without the consent in writing of those Commissioners; or
b
belonging to a government department, or held in trust for Her Majesty for the purposes of a government department, without the consent in writing of that government department.
2
A consent under paragraph (1) above may be given unconditionally or subject to such conditions and upon such terms as shall be considered necessary or appropriate.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Stephen Reeves
Head of Ports Division in the
Department of the Environment, Transport and the Regions
22nd December 1999


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
These Regulations may be cited as the School Standards and Framework Act 1998 (Modification, Transitional and Consequential Provisions) Regulations 1999 and shall come into force on 1st April 1999.
2
In these Regulations–
“the 1996 Act ” means the Education Act 1996 ;
“the 1998 Act ” means the School Standards and Framework Act 1998; and
“the relevant period” means the period beginning on 1st April 1999 and ending immediately before 1st September 1999 .
Amendment of section 5 of the School Teachers' Pay and Conditions Act 1991
3
In section 5(1) of the School Teachers' Pay and Conditions Act 1991 omit the definition of “school which has a delegated budget”.
Modification of the Employment Rights Act 1996
4
In the relevant period references in sections 139(3) and 218(7) of the Employment Rights Act 1996 to a school maintained by a local education authority shall apply to a grant-maintained or grant-maintained special school.
Modification of Schedule 19 to the 1996 Act
5
In the relevant period Parts II and III of Schedule 19 to the 1996 Act shall have effect as if–
a
references to “the 1998 Act” were references to the School Standards and Framework Act 1998;
b
a reference (however framed) to a new school which will be a county, controlled, maintained special, or aided school included a reference to such a new school which will be a community, voluntary controlled, community special or voluntary aided school (in each case within the meaning of the 1998 Act) as the case may be;
c
in paragraph 5 the words “Subject to paragraph 19(4),” were omitted, and there was inserted after “constituted” the words “, to which paragraph 19(3) applies”;
d
in paragraph 12 the words “Subject to paragraph 19(4),” were omitted, and there was inserted after “maintained special school” the words “to which paragraph 19(3) applies”;
e
in paragraph 13 the words “Subject to paragraph 19(5),” were omitted, and there was inserted after “aided school” the words “and to which paragraph 19(3) applies”;
f
for paragraph 19 there was substituted–
19
1
Subject to paragraphs 20 to 24, section 136 shall apply in place of paragraphs 6 to 12 of this Schedule to a new school which will be–
a
a county school;
b
a community school within the meaning of the 1998 Act;
c
a controlled school;
d
a voluntary controlled school within the meaning of the 1998 Act;
e
a maintained special school; or
f
a community special school within the meaning of the 1998 Act,
unless paragraph (3) applies to such school.
2
Subject to paragraphs 20 to 24, section 137 shall apply in place of paragraphs 14 to 16 of this Schedule to a new school which will be–
a
an aided school; or
b
a voluntary aided school within the meaning of the 1998 Act,
unless paragraph (3) applies to such school.
3
This paragraph applies to a new school where–
a
the local education authority make a determination under section 49(3)(b) of the 1998 Act with the written approval of the Secretary of State;
b
the Secretary of State makes a determination under section 49(3)(c) of the 1998 Act that the school shall have a delegated budget (within the meaning of Part II of the 1998 Act) as from a date later than its opening date; or
c
the governing body’s right to a delegated budget (within the meaning of Part II of the 1998 Act) is suspended.
;
g
In paragraph 22 for “section 139(2) and (5) to (5B)” there was substituted “section 57(1), (4) and (5) of the 1998 Act”; and
h
paragraph 24(2) was omitted.
Modification of section 57 of the 1998 Act
6
In the relevant period section 57 of the 1998 Act shall have effect as if “maintained school” included a county, voluntary, maintained special, grant-maintained or grant-maintained special school within the meaning of the 1996 Act.
Transitional provision in relation to section 57 of the 1998 Act
7
1
Section 57(3) of the 1998 Act shall not apply when before 1st April 1999–
a
the governing body of a grant-maintained or grant-maintained special school have determined that a payment should be made in respect of the dismissal, or for the purpose of securing the resignation, of any member of the staff of the school; and
b
any payment, or part of any payment, which the governing body had determined to pay has been made or was due to have been made.
2
Section 57(4) of the 1998 Act shall not apply in respect of the premature retirement of a member of staff of a grant-maintained or grant-maintained special school when before 1st April 1999 any payment, or part of any payment, in respect of such premature retirement has been made or was due to have been made.
3
Section 57(5) of the 1998 Act shall not apply in respect of the dismissal or resignation of a member of staff or a grant-maintained or grant-maintained special school when before 1st April 1999 any payment, or part of any payment, in respect of such dismissal or for the purpose of securing such resignation has been made or was due to have been made.
4
Section 57(3) and (5) of the 1998 Act shall not apply when before 1st April 1999–
a
the governing body of a grant-maintained or grant-maintained special school have determined that a payment should be made to a person under regulation 5 or 6 of the Teachers (Compensation for Redundancy and Premature Retirement) Regulations 1997 who has ceased to be employed by them before that date; but
b
no such payment had been made before that date.
8
1
Subject to regulation 7(1) and (4), section 57(3) of the 1998 Act shall apply when before 1st April 1999–
a
the governing body of a grant-maintained or grant-maintained special school have determined that a payment should be made in respect of the dismissal, or for the purpose of securing the resignation, of any member of the staff of the school; and
b
no such payment, and no part of any such payment had been made before that date.
2
Paragraph (1) of this regulation does not apply to a payment which such a governing body are required to make–
a
by virtue of any contract other than one made in contemplation of the impending dismissal or resignation of the member of staff concerned; or
b
under any statutory provision.
Modification of section 81 of the 1998 Act
9
In the relevant period section 81(2) of the 1998 Act shall have effect as if–
a
in paragraph (b) for “foundation or voluntary schools” there was substituted “grant-maintained or voluntary schools (within the meaning of the 1996 Act)”; and
b
in paragraph (c), for “maintained schools” there was substituted “county, voluntary, maintained special, grant-maintained or grant-maintained special schools (within the meaning of the 1996 Act)”.
Amendment of paragraph 28 of Schedule 30 to the 1998 Act
10
In paragraph 28(2) of Schedule 30 to the 1998 Act omit paragraph (b).
Modification of the School Teachers' Pay and Conditions Document 1998
11
1
In this regulation a reference to a paragraph is to a paragraph of the School Teachers' Pay and Conditions Document 1998 .
2
In the relevant period, the School Teachers' Pay and Conditions Document 1998 shall have effect as if–
a
references to “the 1998 Act” were references to the School Standards and Framework Act 1998;
b
references, however framed, to a school which has a delegated budget were references to a school which has a delegated budget within the meaning of Part II of the 1998 Act, and except as provided in this regulation included references to a grant-maintained or grant-maintained special school which has a delegated budget;
c
references, however framed, to a school which does not have a delegated budget were references to a school which does not have a delegated budget under Part II of the 1998 Act, and except as provided in this regulation included references to a grant-maintained or grant-maintained special school which does not have a delegated budget;
d
references, however framed, to a school or educational establishment maintained by a local education authority included references to a grant-maintained or grant-maintained special school;
e
in paragraph (b) of the definition of “relevant body” in paragraph 1.2, the words “or a grant-maintained or grant-maintained special school” were omitted;
f
paragraph 2.5 did not apply in the case of a teacher in a grant-maintained or grant-maintained special school;
g
in paragraph 8.2.1 the words “or, in the case of a grant-maintained or grant-maintained special school, by the governing body” were omitted;
h
in paragraph 21.2(a) the word “formerly” was omitted;
i
in paragraph 22.4 the word “formerly” was omitted;
j
in paragraph 25.1.2(b) the word “formerly” was omitted;
k
in paragraph 25.1.2(c) there was substituted for the words “was formerly” the word “is”;
l
in paragraph 25.6 the words “formerly” and “former” were omitted;
m
for paragraph 33.1(e) there was substituted–
e
any scheme prepared by the local education authority under section 48 of the 1998 Act.
;
n
in paragraph 36.8.2 there was substituted for the word “or” the word “and”;
o
in paragraph 36.16 the words “(except in the case of grant-maintained or grant-maintained special schools)” were omitted; and
p
in paragraph 43.9.2(b) the words “grant-maintained or grant-maintained special school or a” and “and whose local management scheme delegates to the governing body the relevant responsibility for the provision of supply teachers,” were omitted.
Estelle Morris
Minister of State,
Department for Education and Employment
6th March 1999
Peter Hain
Parliamentary Under Secretary of State, Welsh Office
10th March 1999


text:
Citation, commencement, extent and revocation
1
1
These Regulations may be cited as the Education (School Sessions and Charges and Remissions Policies) (Information) (England) Regulations 1999 and shall come into force on 1st September 1999.
2
These Regulations extend to England only.
3
The Education (School Hours and Policies) (Information) Regulations 1989 shall be revoked in relation to England.
Interpretation
2
1
In these Regulations–
“the 1996 Act ” means the Education Act 1996;
“the 1998 Act ” means the School Standards and Framework Act 1998;
“ authority ” means a local education authority;
“governors' report” means the report which the governing body of a maintained school are required to prepare once in every school year under section 42 of the 1998 Act;
“maintained school” has the meaning given to it by section 20(7) of the 1998 Act;
“school day” has the meaning given to it by section 579(1) of the 1996 Act;
“school prospectus” means the document described in regulation 11 of the Education (School Information) (England) Regulations 1998 ; and
“school year” has the meaning given to it by section 579(1) of the 1996 Act.
2
In these Regulations, unless the context otherwise requires, any reference to a numbered regulation is a reference to the regulation bearing that number in these Regulations and any reference in a regulation to a numbered paragraph is to the paragraph of that regulation bearing that number.
Information to be made available by head teachers
3
1
The head teacher of every maintained school shall make available to parents of pupils at the school and other persons the information specified in paragraph (2) in the manner specified in paragraph (3).
2
The information referred to in paragraph (1) is information consisting of–
a
the times at which each school session begins and ends on a school day, and
b
particulars of the charging and remissions policies determined by the governing body of the school under section 457 of the 1996 Act.
3
Copies of the information shall be provided at the school for inspection by parents and other persons at all reasonable times on a school day and for distribution without charge to parents on request.
Information to be made available by authorities
4
1
Every authority shall make available information consisting of particulars of charging and remissions policies determined by the authority under section 457 of the 1996 Act to the persons and in the manner specified in paragraph (2).
2
Copies of the particulars shall be made available–
a
for the distribution without charge to parents on request, and for reference by parents and other persons–
i
at the offices of the authority, and
ii
at every school maintained by the authority, and
b
for reference by parents and other persons at the public libraries in the area of that authority.
Changes in information to which regulation 3(2)(b) applies
5
1
This regulation applies to any significant change to the information to which regulation 3(2)(b) applies which takes place after publication of the school prospectus in any school year but before completion of the preparation of the governors' report in that year.
2
The governing body shall make available particulars of any such change at the same time, in the same manner, and to the same extent that they are required by regulations in force from time to time under section 42 of the 1998 Act to make copies of the governors' report available.
Estelle Morris
Minister of State,
Department for Education and Employment
9th August 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the South Lincolnshire Community and Mental Health Services National Health Service Trust (Establishment) Amendment Order 1999 and shall come into force on 1st April 1999.
2
In this Order–
“ the Order ” means the South Lincolnshire Community and Mental Health Services National Health Service Trust (Establishment) Order 1992 ;
“the trust” means the National Health Service trust established by the Order.
Change of name of NHS trust
2
The trust shall be called the South Lincolnshire Healthcare National Health Service Trust instead of the South Lincolnshire Community and Mental Health Services National Health Service Trust, and accordingly in article 1 of the Order in the definition of “the trust”, and in article 2 of the Order, for the words “Community and Mental Health Services” there is substituted the word “Healthcare”.
Transitional provisions
3
The change of name under this Order shall not–
a
affect any right or obligation of any person; or
b
be taken as invalidating any instrument (whether made before, on or after the day on which this Order comes into force) which refers to the trust by its previous name; and all instruments and other documents which refer to the trust under its previous name shall be construed as referring to it under its new name.
Change of functions of NHS trust
4
For article 3 of the Order, 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 Orchard House, South Rauceby, Sleaford, Lincolnshire NG34 8PP, and there to provide hospital accommodation and services, and there and from there to provide and manage community health services; and
b
to provide and manage pursuant to section 5(1)(b) of the Act hospitals or other establishments or facilities in Lincolnshire, and there and from there to provide and manage community health services.
.
Change in number of non-executive and executive directors of NHS trust
5
In article 4 of the Order for “4 non-executive” there shall be substituted “5 non-executive” and for “4 executive” there shall be substituted “5 executive”.
Signed by authority of the Secretary of State for Health
Tessa Jowell
Minister for Public Health,
Department of Health
11th March 1999


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Fund Winter Fuel Payment Amendment Regulations 1999 and shall come into force on 28th October 1999.
2
In these Regulations “the principal Regulations ” means the Social Fund Winter Fuel Payment Regulations 1998 .
Amendment of the principal Regulations
2
For the purposes of determining whether a person shall be entitled to a winter fuel payment for the winter of 1999 to 2000 and for subsequent winters and its amount, the principal Regulations shall apply as amended by the Social Fund Winter Fuel Payment Amendment Regulations 1998 subject to the following further amendments–
a
in regulation 1(2) (interpretation) in the definition of “the qualifying week” for the words “9th November 1998” there shall be substituted the words “the third Monday in September in each year in respect of a winter fuel payment for the following winter,”;
b
in regulation 3(1) (prescribed amount)–
i
in sub-paragraph (a) for the amount “£50” there shall be substituted the amount “£100”;
ii
in heads (i) and (ii) of sub-paragraph (b) for the amount “£20” there shall be substituted the amount “£100”;
iii
in head (iii) of sub-paragraph (b) for the amount “£10” there shall be substituted the amount “£50”.
Signed by authority of the Secretary of State for Social Security.
Angela Eagle
Parliamentary Under-Secretary of State,
Department of Social Security
30th June 1999


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Medicines (Standard Provisions for Licences and Certificates) Amendment Regulations 1999 and shall come into force on 1st February 1999.
2
In these Regulations, “the principal Regulations” means the Medicines (Standard Provisions for Licences and Certificates) Regulations 1971 .
Amendment of regulation 2(1) of the principal Regulations
2
Paragraph (1) of regulation 2 of the principal Regulations (interpretation) shall be amended as follows–
a
after the definition of “the Act” there shall be inserted the following definition–
“the 1994 Regulations” means the Medicines for Human Use (Marketing Authorisations Etc.) Regulations 1994 ;
;
b
after the definition of “clinical trial certificate of right” and “animal test certificate of right” there shall be inserted the following definition–
“exempt imported product” means a medicinal product as defined in article 1(2) of Council Directive 65/65/EEC to which paragraph 1 of Schedule 1 to the 1994 Regulations applies, which was not manufactured in the United Kingdom and in relation to which no marketing authorisation has been granted;
; and
c
after the definition of “licence holder” and “certificate holder” there shall be inserted the following definition–
“marketing authorisation” means
a United Kingdom marketing authorisation granted by the licensing authority under the 1994 Regulations; or
a Community marketing authorisation granted by the European Commission under Council Regulation (EEC) No. 2309/93 ; or
a product licence which has effect as a United Kingdom marketing authorisation in accordance with paragraph 1 of Schedule 6 to the 1994 Regulations;
.
Amendment of Schedule 3 to the principal Regulations
3
1
Schedule 3 to the principal Regulations (standard provisions for wholesale dealer’s licences including wholesale dealer’s licences of right) shall be amended in accordance with the following paragraphs.
2
In paragraph 8(1), after the words “subject to sub-paragraphs (7)” there shall be inserted the words “, (7A)”.
3
In paragraph 8, after sub-paragraph (7) there shall be inserted the following sub-paragraph–
7A
The provisions of this paragraph shall also not apply where the imported proprietary product is an exempt imported product.
.
4
After paragraph 8A there shall be inserted the following paragraph–
8B
1
Where the licence relates to exempt imported products, the licence holder shall only sell or supply such products in response to a bona fide unsolicited order to fulfil special needs, formulated in accordance with the specification of a doctor or dentist and for use by his individual patients on his direct personal responsibility and where the provisions set out in sub-paragraphs (2) to (9) are complied with.
2
No later than 28 days prior to each importation of an exempt imported product, the licence holder shall give written notice to the licensing authority stating his intention to import that medicinal product and stating the following particulars–
a
the name of the medicinal product, being the brand name or the common name, or the scientific name, and any name, if different, under which the medicinal product is to be sold or supplied in the United Kingdom;
b
any trademark or name of the manufacturer of the medicinal product;
c
in respect of each active constituent of the medicinal product, any international non-proprietary name or the British approved name or the monograph name or, where that constituent does not have an international non-proprietary name, a British approved name or a monograph name, the accepted scientific name or any other name descriptive of the true nature of that constituent;
d
the quantity of medicinal product which is to be imported which shall not exceed the quantity specified in sub-paragraph (6); and
e
the name and address of the manufacturer or assembler of that medicinal product in the form in which it is to be imported and, if the person who will supply that medicinal product for importation is not the manufacturer or assembler, the name and address of such supplier.
3
Subject to sub-paragraph (4), the licence holder shall not import the exempt imported product if, before the end of 28 days from the date on which the licensing authority sends or gives the licence holder an acknowledgement in writing by the licensing authority that they have received the notice referred to in sub-paragraph (2) above, the licensing authority have notified him in writing that the product should not be imported.
4
The licence holder may import the exempt imported product referred to in the notice where he has been notified in writing by the licensing authority, before the end of the 28-day period referred to in sub-paragraph (3), that the exempt imported product may be imported.
5
Where the licence holder sells or supplies exempt imported products, he shall, in addition to those records mentioned in paragraph 4B of this Schedule make and maintain written records relating to–
a
the batch number of the batch of the product from which the sale or supply was made; and
b
details of any adverse reaction to the product so sold or supplied of which he becomes aware.
6
The licence holder shall import no more on any one occasion than such amount as is sufficient for 25 single administrations, or for 25 courses of treatment where the amount imported is sufficient for a maximum of three months' treatment and on any such occasion shall not import more than the quantity notified to the licensing authority under sub-paragraph (2)(d).
7
The licence holder shall inform the licensing authority forthwith of any matter coming to his attention which might reasonably cause the licensing authority to believe that the medicinal product can no longer be regarded either as a product which can safely be administered to human beings or as a product which is of satisfactory quality for such administration.
8
The licence holder shall not issue any advertisement, catalogue, price list or circular relating to the exempt imported product or make any representations in respect of that product.
9
The licence holder shall cease importing or supplying an exempt imported product if he has received a notice in writing from the licensing authority directing that, as from a date specified in that notice, a particular product or class of products shall no longer be imported or supplied.
10
In this paragraph–
“British approved name” means the name which appears in the current edition of the list prepared by the appropriate body in accordance with section 100 of the Act and published by the Ministers on the recommendation of the Medicines Commission and “current” in this definition means current at the time the notice is sent to the licensing authority;
“common name” means the international non-proprietary name or, if one does not exist, the usual common name;
“international non-proprietary name” means a name which has been selected by the World Health Organisation as a recommended international non-proprietary name and in respect of which the Director-General of the World Health Organisation has given notice to that effect in the World Health Organisation Chronicle; and
“monograph name” means the name or approved synonym which appears at the head of a monograph in the current edition of the British Pharmacopoeia, the British Pharmaceutical Codex, the European Pharmacopoeia or a foreign or international compendium of standards and “current” in this definition means current at the time the notice is sent to the licensing authority.
.
Frank Dobson
Secretary of State for Health,
Department of Health
21st December 1998
Signed by authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under Secretary of State,
Welsh Office
4th January 1999
Signed by authority of the Secretary of State for Scotland
Sam Galbraith
Parliamentary Under Secretary of State,
Scottish Office
22nd December 1998
Jeff Rooker
Ministry of Agriculture, Fisheries and Food
22nd December 1998
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on
D.C. Gowdy
Permanent Secretary
5th January 1999
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland on
P. Small
Permanent Secretary
22nd December 1998


text:
1
This Order may be cited as the Northern Ireland Arms Decommissioning Act 1997 (Amnesty Period) Order 1999 and shall come into force on the day after the day on which it is made.
2
The day hereby appointed for the purposes of section 2(2)(b) of the Northern Ireland Arms Decommissioning Act 1997 (“the 1997 Act ”) is 24th February 2000, being not more than 12 months after the day on which this Order is made or more than five years after the day on which the 1997 Act was passed.
3
The Northern Ireland Arms Decommissioning Act 1997 (Amnesty Period) Order 1998 is hereby revoked.
Marjorie Mowlam
One of Her Majesty’s Principal Secretaries of State
Northern Ireland Office
25th February 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the District of North Devon (Electoral Changes) Order 1999.
2
This Order shall come into force–
a
for the purpose of all proceedings preliminary or relating to any election to be held on 1st May 2003, on 10th October 2002;
b
for all other purposes, on 1st May 2003.
3
In this Order–
“the district” means the district of North Devon;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
any reference to the map is a reference to the map prepared by the Department of the Environment, Transport and the Regions marked “Map of the District of North Devon (Electoral Changes) Order 1999”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 ; and
any reference to a number sheet is a reference to the sheet of the map which bears that number.
Wards of North Devon
2
1
The existing wards of the district shall be abolished.
2
The district shall be divided into twenty-seven wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes or parish wards or, where no area is so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, waterway or similar geographical feature, it shall be treated as running along the centre line of the feature.
Wards of the parish of Barnstaple
3
1
The existing wards of the parish of Barnstaple shall be abolished.
2
The parish shall be divided into six parish wards which shall bear the names set out in column (1) of Schedule 2; and each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule.
3
The number of parish councillors to be elected for each parish ward shall be four.
The parish of Fremington
4
1
The parish of Fremington shall be divided into four parish wards which shall bear the names Bickington, Fremington and Yelland, Roundswell and Woodville; and the wards shall comprise the areas designated on sheet 5 by reference to the name of the ward and demarcated by orange lines.
2
The number of councillors to be elected for each of the parish wards of Bickington, Roundswell and Woodville shall be three and the number of councillors to be elected for the parish ward of Fremington and Yelland shall be six.
Wards of the parish of Ilfracombe
5
1
The existing wards of the parish of Ilfracombe shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names Ilfracombe Central, Ilfracombe East and Ilfracombe West; and each parish ward shall comprise the area of the ward of the district bearing the same name.
3
The number of councillors to be elected for each of the parish wards of Ilfracombe Central and Ilfracombe West shall be seven and the number of councillors to be elected for the parish ward of Ilfracombe East shall be four.
The parish of Landkey
6
1
The parish of Landkey shall be divided into two parish wards which shall bear the names Landkey and Whiddon.
2
The Landkey parish ward shall comprise so much of the district ward of Landkey, Swimbridge and Taw as comprises the parish of Landkey, and the Whiddon parish ward shall comprise so much of district ward of Forches and Whiddon Valley as comprises the parish of Landkey.
3
The number of parish councillors to be elected for the Landkey parish ward shall be seven and the number of parish councillors to be elected for the Whiddon parish ward shall be four.
The parish of Tawstock
7
1
The parish of Tawstock shall be divided into two parish wards which shall bear the names Tawstock Rural and Tawstock Urban.
2
The Tawstock Rural parish ward shall comprise so much of district ward of Landkey, Swimbridge and Taw as comprises the parish of Tawstock and the Tawstock Urban parish ward shall comprise so much of the district ward of Longbridge as comprises the parish of Tawstock.
3
The number of parish councillors to be elected for the Tawstock Rural parish ward shall be four and the number of parish councillors to be elected for the Tawstock Urban parish ward shall be seven.
Revocation
8
The District of North Devon (Electoral Arrangements) Order 1980 is hereby revoked.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Beverley Hughes
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
6th September 1999


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Income Support (General) (Standard Interest Rate Amendment) (No. 3) Regulations 1999 and shall come into force on 18th April 1999.
2
These Regulations shall have effect in relation to any particular claimant —
a
in a case where income support is paid to the claimant in arrears in accordance with paragraph 7(1)(i) of Schedule 7 to the Claims and Payments Regulations (date when change of circumstances is to take effect) —
i
from the first day of the benefit week which includes 25th April 1999; or
ii
if the claim for income support is for a period commencing after 25th April 1999, from the first day of the first benefit week commencing after 18th April 1999;
b
in a case where income support is paid to the claimant in advance in accordance with paragraph 7(1)(ii) of Schedule 7 to the Claims and Payments Regulations, from the first day of the first benefit week commencing after 25th April 1999,
and for this purpose, the expressions “claimant” and “benefit week” have the same meanings as in regulation 2(1) of the Income Support Regulations (interpretation).
3
In these Regulations, “the Claims and Payments Regulations” means the Social Security (Claims and Payments) Regulations 1987 and “the Income Support Regulations ” means the Income Support (General) Regulations 1987 .
Amendment of Schedule 3 to the Income Support Regulations
2
In paragraph 12(1)(a) of Schedule 3 to the Income Support Regulations (standard rate of interest on qualifying loans), for the words “7.75 per cent.” there shall be substituted the words “7.39 per cent.”.
Revocation of the Income Support (General) (Standard Interest Rate Amendment) (No. 2) Regulations 1999
3
The Income Support (General) (Standard Interest Rate Amendment) (No. 2) Regulations 1999 are hereby revoked save that those Regulations shall continue to have effect until the day before the first day of the benefit week having effect in relation to any particular claimant for the purpose of regulation 1(2) of these Regulations.
Signed by authority of the Secretary of State for Social Security.
Angela Eagle
Parliamentary Under-Secretary of State,
Department of Social Security
18th March 1999


text:
Citation and commencement
1
This Order may be cited as the Local Government Residuary Body (England) (Winding Up) Order 1999 and shall come into force on 15th November 1999.
Interpretation
2
In this Order —
“the 1995 Order ” means the Local Government Residuary Body (England) Order 1995;
“the Residuary Body ” means the Local Government Residuary Body (England) established by the 1995 Order.
Winding Up of the Residuary Body
3
On 15th November 1999, the Residuary Body shall be wound up and dissolved and on that date all its remaining property, rights and liabilities and related functions (including its functions under Part III of the 1995 Order) shall transfer to, and either vest in or be discharged by the Secretary of State.
Revocation
4
Part II of the 1995 Order is revoked.
Signed by the authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
21st October 1999


text:
Citation, interpretation and extent
1
1
These Regulations may be cited as the Education (Transition to New Framework) (New Schools, Groups and Miscellaneous) Regulations 1999 (Amendment) Regulations 1999 and shall come into force on 31st December 1999.
2
In these Regulations —
“the 1999 Regulations ” means the Education (Transition to New Framework) (New Schools, Groups and Miscellaneous) Regulations 1999 ; and
“the operative date” means the date these Regulations come into force.
3
These Regulations shall apply only in relation to England.
Amendment of the 1999 Regulations
2
The 1999 Regulations shall be amended in respect of England only as follows.
3
For regulation 54 there shall be substituted —
Transfer of land
54
1
Subject to paragraphs (3), (5) and (6), in the case of each grouped school, on the transfer date —
a
all land which, immediately before the transfer date, was held by the grouped governing body for the purposes of the school; and
b
all rights and liabilities of the grouped governing body relating to land and subsisting immediately before that date, which were acquired or incurred for those purposes,
shall be transferred to and, by virtue of this regulation, vest in the body specified in paragraph (2) below.
2
The body specified for the purposes of paragraph (1) shall be either —
a
the governing body of the school constituted under the instrument of government, in the case of a grouped school which on or after the appointed day becomes a foundation or voluntary aided school; or
b
the local education authority, in the case of a grouped school which on or after the appointed day becomes a community, community special or voluntary controlled school.
3
Subject to paragraph (6), on the first transfer date, any land, and any rights and liabilities relating to land, of a grouped governing body held or used or subsisting for the purposes of more than one school in the group shall, where the nature of the land, right or liability permits, be divided or apportioned between the schools, in such proportions as may be appropriate.
4
Where any estate or interest in land falls to be divided in accordance with paragraph (3) —
a
any rent payable under a lease in respect of that estate or interest; and
b
any rent charged on that estate or interest;
shall be correspondingly divided or apportioned so that each part is payable in respect of, or charged on, only one part of the estate or interest and the other part or parts are payable in respect of, or charged on, only the other part or parts of the estate or interest.
5
Subject to paragraph (6), any such land, right or liability as is mentioned in paragraph (3), the nature of which does not permit its division or apportionment as so mentioned, shall be transferred either to the governing body constituted under the instrument of government of any one or other of the schools in the group which on or after the appointed day becomes a foundation or voluntary aided school or to the local education authority in the case of any school in the group which on or after the appointed day becomes a community, community special or voluntary controlled school, according to —
a
in the case of an estate or interest in land, whether on the first transfer date one or other of the schools appears to be in greater need of the security afforded by that estate or interest or, where none of them appears to be in greater need of the security, which of them appears on that date to be likely to make use of the land to the greater extent; or
b
in the case of any right or liability, which of them appears on the first transfer date to be likely to be affected by the right or liability to the greater extent;
subject (in either case) to such arrangements for the protection of the other school or schools concerned as may be appropriate.
6
Paragraphs (1), (3) and (5) shall not apply to any land, right or liability vested in the grouped governing body as trustees.
7
a
In this regulation, “first transfer date” means the first transfer date of the first school in the group to have a governing body constituted under the instrument of government and “transfer date”, in relation to a grouped school, means the appointed day or the day after the actual incorporation date, if different.
b
References in this regulation to the grouped governing body include a grouped transitional governing body.
c
References in this regulation to a school or schools in the group shall include a school or schools which were in the group immediately before the first transfer date.
54A
1
Section 198(3) of and paragraphs 2 to 10 of Schedule 10 to the Education Reform Act 1988 (which make further provision in relation to transfers of property, rights and liabilities) shall apply to transfers under regulation 54 with the following modifications.
2
Paragraph 2(1) of Schedule 10 shall apply subject to —
i
the reference to “paragraph 1(4) above” being treated as a reference to “paragraph (5) of regulation 54 of the Education (Transition to New Framework) (New Schools, Groups and Miscellaneous) Regulations 1999”;
ii
in sub-paragraph 1(a) the substitution of “other school or schools concerned” for “transferor”; and
iii
in sub-paragraph 1(b) the substitution of “other school or schools concerned” for “transferor” in the last place where that word occurs.
3
References in section 198(3) and in the said paragraphs of Schedule 10, as they apply for the purposes of regulation 54, to the transfer date are to the transfer date as it is defined for the purposes of regulation 54.
Transfer of property other than land
54B
1
Subject to paragraphs (2), (3) and (4), in the case of each grouped school, on the transfer date —
a
all property other than land which, immediately before the transfer date, was property of the grouped governing body held for the purposes of the school; and
b
all rights and liabilities of the grouped governing body not relating to land and subsisting immediately before that date, which were acquired or incurred for those purposes,
shall be transferred to and by virtue of this regulation vest in the governing body of the school constituted under the instrument of government.
2
Subject to paragraph (4), on the first transfer date, any property other than land, and any rights and liabilities not relating to land, of a grouped governing body held or used or subsisting for the purposes of more than one school in the group shall, where the nature of the property, right or liability permits, be divided or apportioned between the schools, in such proportions as may be appropriate.
3
Subject to paragraph (4), any such property, right or liability as is mentioned in paragraph (2), the nature of which does not permit its division or apportionment as so mentioned, shall be transferred to the governing body constituted under the instrument of government of one of the schools in the group according to which of them appears on the first transfer date to be likely to make use of the property or (as the case may be) to be affected by the right or liability to the greater extent, subject to such arrangements for the protection of the other school or schools concerned as may be appropriate.
4
Paragraphs (1), (2) and (3) shall not apply to —
a
rights and liabilities under any contract of employment; or
b
any property, right or liability vested in the grouped governing body as trustees.
5
a
In this regulation “first transfer date” means the transfer date of the first school in the group to have a governing body constituted under the instrument of government and “transfer date”, in relation to a grouped school, means the appointed day or the day after the actual incorporation date, if different.
b
References in this regulation to the grouped governing body include a grouped transitional governing body.
c
References in this regulation to a school or schools in the group shall include a school or schools which were in the group immediately before the first transfer date.
54C
1
Section 198(3) of and paragraphs 2 to 10 of Schedule 10 to the Education Reform Act 1988 (which make further provision in relation to transfers of property, rights and liabilities) shall apply to transfers under regulation 54B with the following modifications.
2
Paragraph 2(1) of Schedule 10 shall apply subject to —
i
the reference to “paragraph 1(4) above” being treated as a reference to “paragraph (3) of regulation 54B of the Education (Transition to New Framework) (New Schools, Groups and Miscellaneous) Regulations 1999”;
ii
in sub-paragraph 1(a) the substitution of “other school or schools concerned” for “transferor”; and
iii
in sub-paragraph 1(b) the substitution of “other school or schools concerned” for “transferor” in the last place where that word occurs.
3
References in section 198(3) and in the said paragraphs of Schedule 10, as they apply for the purposes of regulation 54B, to the transfer date are to the transfer date as it is defined for the purposes of regulation 54B.
Transfers from local education authorities
4
1
Where any property other than land or any right or liability not relating to land has, prior to the operative date, transferred to and, by virtue of regulation 54 of the 1999 Regulations, vested in a local education authority, the said property, right or liability shall on the operative date be transferred to and, by virtue of this regulation, vest in the governing body of the relevant school constituted under the instrument of government.
2
In this regulation —
“relevant school” means —
where the transfer was by virtue of paragraph (1) of the said regulation 54, the school for whose purposes the property, right or liability was, immediately before the transfer date, held, used, acquired or incurred;
where the transfer was by virtue of paragraphs (1) and (2) of the said regulation 54, the school to which the property, right or liability was allocated as a result of the division or apportionment carried out in accordance with the said paragraph (2); or
where the transfer was by virtue of paragraph (4) of the said regulation 54, the school which appeared on the first transfer date to be likely to make use of the property or (as the case may be) to be affected by the right or liability to the greater extent; and
“first transfer date” and “transfer date” have the meanings given to them in regulation 54 of the 1999 Regulations.
Jacqui Smith
Parliamentary Under Secretary of State,
Department for Education and Employment
8th December 1999


text:
Commencement, citation and interpretation
1
1
These Regulations may be cited as the Road Transport (Passenger Vehicles Cabotage) Regulations 1999 and shall come into force on 28th January 2000.
2
In these Regulations —
“the Council Regulation ” means Council Regulation ( EC ) No. 12/98 of 11 December 1997 laying down the conditions under which non-resident carriers may operate national road passenger transport services within a member State ;
“the 1981 Act ” means the Public Passenger Vehicles Act 1981 ;
“Community carrier” means a road passenger transport carrier established in a member state of the European Community other than the United Kingdom;
“road” has the meaning given in section 192(1) of the Road Traffic Act 1988 ;
“traffic commissioner” has the meaning given in section 4 of the 1981 Act;
“ UK cabotage operations” means cabotage transport operations in Great Britain or between Great Britain and Northern Ireland.
Extent
2
These Regulations apply in Great Britain.
Cabotage without a Community licence
3
1
A person commits an offence if he uses a vehicle on a road, or causes or permits a vehicle to be so used, for the purpose of UK cabotage operations which are carried out by a Community carrier without a valid Community licence.
2
A person who is guilty of an offence under paragraph (1) above shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Use of a vehicle in Great Britain without a control document
4
1
A person commits an offence if he uses a vehicle on a road, or causes or permits a vehicle to be so used, for the purposes of UK cabotage operations which —
a
take the form of occasional services in Great Britain or between Great Britain and Northern Ireland, and
b
are carried out in contravention of Article 6(1) of the Council Regulation.
2
A person who is guilty of an offence under paragraph (1) above shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Competent Authorities in Great Britain
5
1
For the purposes of Article 11(4) of the Council Regulation the competent authority of the member State of establishment shall be the traffic commissioner for the area in which the carrier has his operating centre (“the appropriate traffic commissioner”).
2
For the purposes of Articles 7, 9 and 11(2) and (3) of the Council Regulation the competent authority of the member State of establishment shall be the Secretary of State.
Appeals
6
1
A carrier who is aggrieved by an administrative penalty imposed on him by the Secretary of State under Article 11(2) of the Council Regulation may request the Secretary of State to review that decision.
2
A carrier who is aggrieved by an administrative penalty imposed on him by the appropriate traffic commissioner under Article 11(4) of the Council Regulation may appeal to the Transport Tribunal.
Production of documents
7
1
The driver of a vehicle which is required, under Article 5 of the Council Regulation, to have on board a Community licence commits an offence if he fails, without reasonable cause, to produce the licence when requested to do so by an authorised inspecting officer.
2
References in paragraph (1) above to a Community licence include references to a certified true copy of a licence.
3
The driver of a vehicle which is required, under Article 6(1) of the Council Regulation, to have on board a control document commits an offence if he fails, without reasonable cause, to produce the control document when requested to do so by an authorised inspecting officer.
4
A person who is guilty of an offence under paragraph (1) or (3) above is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Authorised inspecting officers
8
Authorised inspecting officers for the purposes of the Council Regulation shall in Great Britain be constables in uniform, and examiners appointed under section 66A of the Road Traffic Act 1988.
Bodies corporate
9
1
Where an offence under these Regulations has been committed by a body corporate and it is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
2
Where the affairs of a body corporate are managed by its members, paragraph (1) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
3
Where an offence under these Regulations has been committed by a Scottish partnership and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of a partner, he as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
Modification of certain enactments and of the Public Service Vehicles (Conditions of Fitness, Equipment Use and Certification) Regulations 1981
10
1
The Road Traffic (Foreign Vehicles) Act 1972 shall be amended as follows —
a
In Schedule 1, at the end, there shall be inserted —
Regulation 7 of the Road Transport (Passenger Vehicles Cabotage) Regulations 1999. To require the production of certain documents which are required to be kept on board certain passenger vehicles.
b
In Schedule 2, at the end, there shall be inserted —
Regulations 3, 4 and 7 of the Road Transport (Passenger Vehicles Cabotage) Regulations 1999. To impose penalties for contravention of certain requirements relating to national passenger services by a carrier registered in a foreign member State.
2
The provisions of the 1981 Act shall have effect, in relation to a vehicle being used to carry out cabotage transport operations, as if sections 6, 12 and 18 were omitted.
3
In section 65(1) of the 1981 Act after paragraph (a) there shall be inserted the following paragraph:
ea
a control document issued under Article 6 of Council Regulation (EC) No. 12/98 of 11 December 1997;
.
4
In section 66 of the 1981 Act, the word “or” at the end of paragraph (d) shall be omitted and after paragraph (e) there shall be inserted
or;
f
obtaining the issue of a control document under article 6 of Council Regulation (EC) No. 12/98 of 11 December 1997;
.
5
In paragraph 9 of Schedule 4 to the Transport Act 1985 after the words “or this Act” there shall be inserted “or under the Road Transport (Passenger Vehicles Cabotage) Regulations 1999.”
6
None of the provisions of Parts II, III , IV and V of the Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) Regulations 1981 shall have effect in relation to a vehicle which is carrying out a cabotage transport operation in Great Britain in accordance with the Council Regulation.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Keith Hill
Department of the Environment, Transport and the Regions
20th December 1999


text:
Commencement and citation
1
This Order may be cited as The A13 Trunk Road (Tower Hamlets) Red Route Experimental Traffic Order 1998 Experimental Variation Order 1999, and shall come into force on 22nd April 1999.
Variations
2
The A13 Trunk Road (Tower Hamlets) Red Route Experimental Traffic Order 1998 is varied by the following provisions of this Order.
3
In Schedule 3A items 4 and 6 are substituted as follows:–
4
Commercial Road (A13), south side, between a point 1m west of a point opposite the common boundary of Nos 552 and 554 Commercial Road and a point 1.0m east of a point opposite the common boundary of Nos 568 and 570 Commercial Road.
6
East India Dock Road (A13), north side, from a point 4m east of a point opposite the common boundary of Nos 251b and 253 East India Dock Road eastwards for a distance of 13m.
4
In Schedule 4 items 8 and 19 are substituted as follows:–
8
Commercial Road (A13), south side, between the eastern kerbline of Butcher Row and a point 1m west of a point opposite the common boundary of Nos 552 and 554 Commercial Road.
19
East India Dock Road (A13), north side, between a point opposite the common boundary of Nos 219 and 221 East India Dock Road and a point 1m west of a point opposite the common boundary of Nos 552 and 554 Commercial Road.
5
In Schedule 4 new items numbered 8A and 19A are inserted after items 8 and 19 respectively as follows:–
8A
Commercial Road (A13), south side, from a point 1.0m east of the common boundary of Nos 568 and 570 Commercial Road eastwards for 23m.
19A
East India Dock Road (A13), north side, from a point 17m east of a point opposite the common boundary of Nos 251b and 253 East India Dock Road to a point opposite the common boundary of 259 and 261 East India Dock Road.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
8th April 1999