type: legislation

jurisdiction: UK

text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Stamp Duty (Collection and Recovery of Penalties) Regulations 1999 and shall come into force on 1st October 1999.
2
These Regulations have effect in relation to penalties in respect of things done or omitted on or after 1st October 1999.
Interpretation
2
In these Regulations —
“the enactments relating to stamp duty” means the Stamp Act 1981 and any enactment amending, or which is to be construed as one with, that Act ;
“the Management Act ” means the Taxes Management Act 1970 ;
“stamp duty penalty” means a penalty under the enactments relating to stamp duty, other than a penalty under section 15B of the Stamp Act 1891 .
The Management Act: provisions to apply
3
1
The provisions of the Management Act specified in the first column of the Table in Part I of the Schedule to these Regulations shall apply in relation to stamp duty penalties as they apply in relation to taxes within the meaning of that Act subject to any modification specified in the second column of that Table.
2
Any expression which is used in a provision of the Management Act as applied by this regulation, and to which a meaning is not given by that Act as so applied, shall in that provision have the same meaning as in the enactments relating to stamp duty or these Regulations.
3
The provisions of the Management Act which are applied subject to modifications by this regulation are restated (as modified where appropriate) in Part II of the Schedule to these Regulations.
Gordon Brown
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
9th September 1999


text:
Citation and commencement
1
This Order may be cited as the National Institute for Clinical Excellence (Establishment and Constitution) Amendment Order 1999 and shall come into force on 27th August 1999.
Amendment of the National Institute for Clinical Excellence (Establishment and Constitution) Order 1999
2
1
The National Institute for Clinical Excellence (Establishment and Constitution) Order 1999 is amended in accordance with the following paragraphs of this article.
2
In article 3 (functions of the Institute) after the words “promotion of clinical excellence” there are inserted the words “and of the effective use of available resources”.
3
After article 5 there is added —
Admission to meetings
6
The Public Bodies (Admission to Meetings) Act 1960 shall apply to the Institute.
Frank Dobson
Secretary of State for Health
5th August 1999


text:
Citation and commencement
1
This Order may be cited as the Scotland Act 1998 (Transitory and Transitional Provisions) (Appropriations) Order 1999 and shall come into force on 1st April 1999.
Appropriation of sums forming part of the Scottish Consolidated Fund
2
1
The sums specified in column 2 of the Schedule to this Order (amounting in total to £14,038,349,000) are appropriated for the year ending on 31st March 2000 out of sums forming part of the Scottish Consolidated Fund for the several purposes respectively specified in the corresponding entry in column 1 of the Schedule.
2
There are appropriated in aid of the sums appropriated by this article for the several purposes specified in column 1 of the Schedule the sums respectively specified in the corresponding entry in column 3.
A.K.Galloway
Clerk of the Privy Council


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


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Induction Arrangements for School Teachers) (England) Regulations 1999 and shall come into force on 7th May 1999.
2
These Regulations apply in relation to school teachers in 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 ;
“appeal body” means the appeal body under regulation 5;
“appropriate body” means the appropriate body under regulation 4;
“authority” means a local education authority;
“core subject” means a subject referred to in section 354(1) of the 1996 Act;
“foundation subject” means a subject referred to in section 354(1) or (2) of the 1996 Act;
“induction period” means an induction period required by these Regulations;
“key stage” has the same meaning as in section 355(1) of the 1996 Act;
“non-maintained special school” means a special school which is neither a maintained special school, a grant-maintained special school, a community special school nor a foundation special school;
“qualified teacher” has the same meaning as in section 218(2) of the Education Reform Act 1988 ;
“school day” means any day on which at that school there is a school session;
“school session” has the same meaning as in regulation 10 of the Education (Schools and Further Education) Regulations 1981 ;
“special school” has the same meaning as in section 337(1) of the 1996 Act ;
“supply teacher” means a teacher employed wholly or mainly for the purpose of supervising or teaching pupils whose regular teacher is not available to teach them; and
“working day” means any day other than a Saturday, a Sunday or a day which is a bank holiday within the meaning of the Banking and Financial Dealings Act 1971 .
2
Any reference in these Regulations to–
a
a numbered regulation or Schedule is a reference to the regulation or Schedule bearing that number in these Regulations;
b
a numbered paragraph is a reference to the paragraph bearing that number in the regulation or Schedule in which the reference appears; and
c
a numbered sub-paragraph is a reference to the sub-paragraph bearing that number in the paragraph in which the reference appears.
Breach of time limits
3
Failure by any person to discharge any duty within a time limit specified in these Regulations shall not relieve him of that duty.
Appropriate body
4
For the purposes of these Regulations–
a
the appropriate body in relation to–
i
a community, foundation or voluntary school, a community or foundation special school, or a maintained nursery school (in each case within the meaning of the 1998 Act), and
ii
a county, voluntary, maintained nursery, maintained special, grant-maintained, or grant-maintained special school (in each case within the meaning of the 1996 Act ), is the authority maintaining it;
b
the appropriate body in relation to a non-maintained special school is the authority for the area in which the school is situated; and
c
the appropriate body in relation to an independent school is–
i
where the authority for the area in which the school is situated and the proprietor of the school both agree, that authority, or
ii
in any other case, such body as the Secretary of State shall determine, which body shall include as a member a representative of an authority.
Appeal body
5
In these Regulations, “appeal body” means the Secretary of State.
Requirement to serve an induction period
6
Subject to the exceptions in Schedule 1, no person shall be employed on or after 1st September 1999 as a teacher at a relevant school unless he has satisfactorily completed an induction period in accordance with the following provisions of these Regulations in a school to which regulation 7(1) refers.
Schools in which an induction period may be served
7
1
Subject to paragraph (2) an induction period may only be served in–
a
a relevant school in England; or
b
in the circumstances prescribed in paragraph (3) an independent school in England.
2
An induction period may not be served in–
a
a school in respect of which the circumstances described in section 15(6)(a) to (c) of the 1998 Act apply, unless–
i
the person in question began his induction period at the school at a time when such circumstances did not apply, or
ii
one of Her Majesty’s Inspectors of Schools in England, has certified in writing that he is satisfied that the school is fit for the purpose of providing induction supervision and training; or
b
a pupil referral unit.
3
The circumstances in which a person may serve an induction period in an independent school are–
a
in the case of a person who is employed to teach pupils at the third or fourth key stage, the curriculum of the school for pupils at those key stages includes all the core and other foundation subjects specified in relation to the third and fourth key stages in section 354(2) of the 1996 Act which such person is employed to teach; and
b
in all cases, the curriculum for all registered pupils at the first and second key stages meets the requirements of section 353 of the 1996 Act (the National Curriculum), other than the requirements of paragraph (c) of that section (assessment arrangements).
4
In this regulation, “induction period” includes a part of an induction period.
Length of an induction period
8
1
The length of an induction period for a person in full-time service as a teacher is–
a
in the case of an induction period served wholly in a school or schools at which a school year consists of three school terms, three school terms;
b
in the case of an induction period served wholly in a school or schools at which the school year consists of four school terms, four school terms;
c
in the case of an induction period served wholly in a school or schools at which the school year consists of five school terms, five school terms; and
d
in all other cases, one year.
2
The length of an induction period for a person in part-time service as a teacher is the period of time it would take in accordance with his contract of employment or the terms of his engagement for him to complete 378 school sessions.
3
A person has completed an induction period for the purposes of these Regulations when he has served–
a
an induction period of the length specified in paragraph (1) or (2) (as the case may be) discounting periods of employment which do not count towards an induction period under regulation 9; and
b
any extended period under regulation 10.
Periods of employment counting towards an induction period
9
1
Subject to paragraph (2) any period of employment on or after 1st September 1999 as a qualified teacher in a school to which regulation 7(1) applies of not less than one school term in duration counts towards an induction period.
2
No period of engagement as a supply teacher counts towards an induction period unless the head teacher of the school so agrees before the start of such period.
3
Except as provided for in paragraph (1) no period of employment as a teacher counts towards an induction period.
Extension of an induction period before completion
10
1
Subject to paragraph (2) where a person serving an induction period is absent from work for an aggregate period of thirty or more school days in an induction period, his induction period shall be extended by the aggregate period of his absences.
2
Paragraph (1) does not apply where a person is absent from work by reason of the maternity leave period specified in section 73 of the Employment Rights Act 1996 unless she so chooses.
3
Where five or more years have passed since a person started his induction period, and that person has not completed his induction period, he may with the agreement of the appropriate body choose to extend his induction period–
a
in the case of a teacher in full-time service by a period not exceeding the appropriate period specified in regulation 8(1); or
b
in the case of a teacher in part-time service by a period not exceeding the period specified in regulation 8(2).
4
Except as provided for in this regulation an induction period may not be extended before its completion.
Service of more than one induction period
11
Except as provided for in regulation 14 or 17, no person may serve more than one induction period.
Supervision and training during the induction period
12
1
The head teacher of a school in which a person serves an induction period and the appropriate body in relation to that school shall be responsible for his supervision and training during the induction period.
2
The duties assigned to a person serving an induction period, his supervision and the conditions under which he works shall be such as to facilitate a fair and effective assessment of his conduct and efficiency as a teacher.
Standards for determining whether a person has satisfactorily completed an induction period
13
The Secretary of State may determine the standards against which a person who has completed an induction period shall be assessed for the purpose of deciding whether he has satisfactorily completed his induction period.
Completion of an induction period
14
1
This regulation applies where a person has completed an induction period.
2
The head teacher of the school at which he is employed at the completion of his induction period shall not later than the end of the period of ten working days beginning with the date on which he completed his induction period–
a
make a written recommendation to the appropriate body as to whether he has achieved the standards mentioned in regulation 13, and
b
at the same time send a copy of such recommendation to him.
3
The appropriate body shall not later than the end of the period of 20 working days beginning with the date on which it received the head teacher’s recommendation under paragraph (2) decide whether he–
a
has achieved the standards mentioned in regulation 13 and has accordingly satisfactorily completed his induction period; or
b
should have his induction period extended by such period as it determines; or
c
has failed satisfactorily to complete his induction period.
4
Before making a decision under paragraph (3) the appropriate body shall have regard to any written representations received from the person in question no later than the end of the period of 10 working days beginning with the date on which it received the head-teacher’s recommendation under paragraph (2).
5
The appropriate body shall not later than the end of the period of three working days beginning with the date on which it made a decision under paragraph (3)–
a
give written notice of its decision to–
i
him,
ii
the head teacher of the school at which he was employed at the completion of his induction period,
iii
if he is not employed by the appropriate body, his employer,
iv
on and after the date of their establishment, the General Teaching Council for England, and
v
the Department for Education and Employment; and
b
if the appropriate body made a decision falling within paragraph (3)(b) or (c), give him written notice of–
i
his right to appeal against the decision,
ii
the name and address of the appeal body, and
iii
the time period for making an appeal.
Extension of an induction period pursuant to a decision of the appropriate body or appeal body
15
Regulations 7, 9 to 14, 16 and 17 and Schedule 2 apply in relation to a person serving an induction period extended following its completion by a decision of the appropriate body under regulation 14 or of the appeal body under regulation 17.
Termination of employment following failure to complete an induction period satisfactorily
16
1
This paragraph applies to a person employed as a teacher at a relevant school who has failed satisfactorily to complete his induction period.
2
The employer of a person to whom paragraph (1) applies shall secure the termination of his employment as a teacher if–
a
he does not appeal to the appeal body against the decision of the appropriate body; or
b
his appeal to the appeal body is dismissed.
3
An employer shall take the steps necessary to secure the termination of a person’s employment in the circumstances mentioned in paragraph (2)(a) so that the termination takes effect not later than the end of the period of ten working days beginning with the date on which–
a
the employer received written notification from such person that he did not intend to appeal to the appeal body; or
b
the time limit for appeal imposed by paragraph 2(1) of Schedule 2 expired.
4
The employer shall take the steps necessary to secure the termination of a person’s employment in the circumstances mentioned in paragraph (2)(b) so that the termination takes effect not later than the end of the period of ten working days beginning with the date on which the employer received notice of the outcome of the appeal hearing.
5
The employer of a person–
a
to whom paragraph (1) applies, and
b
who appeals to the appeal body against the decision of the appropriate body, is not obliged to secure the termination of such person’s employment as a teacher pending the outcome of that appeal provided such employer secures that the person only undertakes such limited teaching duties as the Secretary of State may determine.
Appeals
17
1
Where the appropriate body decides that a person–
a
should have his induction period extended; or
b
has failed satisfactorily to complete his induction period, that person may appeal to the appeal body against the decision.
2
Schedule 2 has effect in relation to appeals under this regulation.
3
Where a person appeals against a decision that he should have his induction period extended, the appeal body may–
a
allow the appeal;
b
dismiss the appeal; or
c
substitute a different period of extension.
4
Where a person appeals against a decision that he has failed satisfactorily to complete his induction period, the appeal body may–
a
allow the appeal;
b
dismiss the appeal; or
c
extend the induction period for such period as it thinks fit.
Other functions of the appropriate body
18
The appropriate body may provide–
a
guidance, support and assistance to schools; and
b
training for teachers, in connection with providing induction training, supervision and assessment under these Regulations.
Charges
19
An appropriate body in relation to an independent school may make a reasonable charge (not exceeding the cost of provision of the service) to the governing body of a school for which it is the appropriate body in connection with any of is functions under these Regulations.
Guidance given by the Secretary of State
20
A person or body exercising a function under these Regulations shall have regard to any guidance given by the Secretary of State from time to time as to the exercise of that function.
Education Standards Grants
21
References to “eligible expenditure” in section 484 of the 1996 Act (education standards grants) include expenditure incurred by an authority in respect of their functions under these Regulations.
Estelle Morris
Minister of State,
Department for Education and Employment
31st March 1999


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Contributions) (Re-rating) Consequential Amendment Regulations 1999 and shall come into force on 6th April 1999 immediately after the coming into force of the Social Security (Contributions) (Re-rating and National Insurance Fund Payments) Order 1999 .
Amendment of the Social Security (Contributions) Regulations 1979
2
In regulation 98 of the Social Security (Contributions) Regulations 1979 (modification of provisions of the Social Security Contributions and Benefits Act 1992 in relation to share fishermen) , in paragraph (c) (weekly rate of any Class 2 contributions payable by share fishermen) for “£7” substitute “£7.20”.
Signed by authority of the Secretary of State for Social Security.
Stephen C. Timms
Minister of State,
Department of Social Security
16th February 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Royal Hospital of St. Bartholomew, the Royal London Hospital and London Chest Hospital National Health Service Trust (Change of Name) Order 1999 and shall come into force on 8th July 1999.
2
In this Order–
“ the Order ” means the Royal Hospital of St. Bartholomew, the Royal London Hospital and London Chest Hospital National Health Service Trust (Establishment) Order 1994 ;
“ 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 Barts and The London National Health Service Trust instead of the Royal Hospital of St. Bartholomew, the Royal London Hospital and London Chest Hospital 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 “Royal Hospital of St. Bartholomew, the Royal London Hospital and London Chest Hospital” there shall be substituted the words “Barts and The London”.
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.
Signed by authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
25th June 1999


text:
Citation and commencement
1
These Regulations may be cited as the Police (Conduct) (Senior Officers) Regulations 1999 and shall come into force on 1st April 1999.
Revocations and transitional provisions
2
1
Subject to the following provisions of this regulation, the Police (Discipline) (Senior Officers) Regulations 1985 (“ 1985 Regulations ”) are hereby revoked.
2
Subject to paragraph (3), where a report, complaint or allegation has been or is received in respect of conduct by a senior officer which occurred or commenced before 1st April 1999–
a
nothing in these Regulations shall apply, and
b
the 1985 Regulations shall, as far as applicable, continue to have effect.
3
In the case of a report, complaint or allegation which–
a
relates to conduct by a senior officer which occurred or commenced before 1st April 1999, but
b
is received on or after 1st April 2000,
the conduct shall be treated, for the purposes of this regulation, as having occurred or, as the case may be, commenced on 1st April 1999.
Regulations applicable only to senior officers
3
These Regulations shall only apply in relation to conduct by a senior officer, that is to say, by a chief constable or an assistant chief constable or, in the case of the City of London and metropolitan police forces, by a member of the force in question of or above the rank of commander.
Interpretation
4
1
In these Regulations, unless the context otherwise requires–
“the appropriate authority” means, in relation to a senior officer of the metropolitan police force, the Commissioner of Police of the Metropolis and, in relation to a senior officer of any other police force, the police authority for that force’s area;
“appropriate standard” means the standard set out in the Code of Conduct;
“ Authority ” means the Police Complaints Authority;
“Code of Conduct” means the code of conduct contained in Schedule 1 to the Police (Conduct) Regulations 1999 ;
“complaint” has the meaning assigned to it by section 65 of the 1996 Act ;
“investigating officer” means an officer appointed under section 68(3) of the 1996 Act, or under regulation 7, to investigate a complaint or other matter relating to the conduct of a senior officer;
“police force concerned” means, in relation to a senior officer whose conduct is the subject of a report, complaint or allegation, the police force of which he is a member; and any reference to the chief officer concerned is a reference to the chief officer of that force;
“representative” means, in relation to proceedings under these Regulations in respect of the conduct of a senior officer, counsel, a solicitor or a member of a police force selected by him for the purpose of those proceedings;
“senior officer” has the meaning assigned to it by regulation 3; and “the senior officer concerned” means the senior officer in relation to whose conduct there has been a report, complaint or allegation;
“tribunal” means such a tribunal as is mentioned in regulation 14;
“the 1996 Act” means the Police Act 1996.
2
In relation to a senior officer of the metropolitan police force, these Regulations shall have effect as if the references in regulations 11 and 14 to a member, officer or servant of the police authority, or of any local authority which appoints any member of the police authority, were references to a member of the metropolitan civil staffs within the meaning of section 15 of the Superannuation (Miscellaneous Provisions) Act 1967 .
3
In these Regulations, unless the context otherwise requires, any reference to a regulation shall be construed as a reference to a regulation contained in these Regulations.
Suspension — ordinary procedure
5
1
Where it appears to the appropriate authority, on receiving a report, complaint or allegation which indicates that the conduct of a senior officer does not meet the appropriate standard, that the senior officer concerned ought to be suspended from membership of the force and from his office as constable, the appropriate authority may, subject to the following provisions of this regulation, so suspend him.
2
The appropriate authority shall not so suspend a senior officer unless it appears to them that either of the following conditions (“the suspension conditions”) is satisfied:
a
that the effective investigation of the matter may be prejudiced unless the senior officer concerned is so suspended;
b
that the public interest, having regard to the nature of the report, complaint or allegation, and any other relevant considerations, requires that he should be so suspended.
3
If the appropriate authority determine that a senior officer ought to be suspended under this regulation, they shall forthwith notify the Authority of their decision and of the suspension condition appearing to them to justify their decision.
4
If, upon being so notified of the decision of the appropriate authority, the Authority are satisfied that the suspension condition in question is fulfilled, they shall as soon as practicable notify their approval of the suspension of the senior officer concerned to the appropriate authority; and the suspension of the officer shall not have effect unless the approval of the Authority is so given.
5
Where the Authority give their approval to the suspension of a senior officer, his suspension shall take effect from the time he receives notice of that approval from the appropriate authority and he shall be suspended until–
a
the Authority decide otherwise; or
b
the appropriate authority decide otherwise; or
c
it is decided that the conduct of the senior officer concerned shall not be the subject of proceedings under regulation 11; or
d
the notification of a finding that the conduct of the senior officer concerned did not fail to meet the appropriate standard or notification that, in spite of a finding that his conduct did fail to meet the appropriate standard, no sanction should be imposed; or
e
a sanction has been imposed,
whichever first occurs.
Suspension — urgent cases
6
1
Subject to paragraph (2), in cases of urgency, the like power of suspension as under regulation 5 may be exercised with immediate effect–
a
in relation to a chief officer, by the police authority; and
b
in any other case, by the chief officer concerned.
2
Where a senior officer has been suspended under paragraph (1), the appropriate authority shall notify the Authority forthwith.
3
Without prejudice to regulation 5(5), the suspension of a senior officer under this regulation shall cease to have effect at the expiry of 24 hours from its imposition unless within that period the Authority have notified the appropriate authority of their approval of it.
Investigating officers
7
1
Where a report, complaint or allegation is received which indicates that the conduct of a senior officer did not meet the appropriate standard, the following provisions of this regulation shall have effect for the purpose of investigating the matter.
2
The provisions of paragraphs (3) and (4) shall have effect–
a
in relation to cases arising otherwise than from a complaint to which Chapter I of Part IV of the 1996 Act applies; and
b
in cases arising from such a complaint when the requirements of that chapter are dispensed with by or under regulations made under section 81 of the 1996 Act.
3
Unless the appropriate authority decide, in the light of such preliminary enquiries as they may make, that no proceedings under regulation 11 need be taken, the matter shall be referred to an investigating officer who shall cause it to be investigated.
4
The investigating officer shall be–
a
a member of the police force concerned; or
b
if the chief officer of some other force is requested and agrees to provide an investigating officer, a member of that other force,
and of at least the rank of the senior officer concerned.
5
Neither–
a
the chief officer concerned; nor
b
any member of the police force concerned serving in the same division as the senior officer concerned,
shall be appointed as the investigating officer for the purposes of paragraph (3) or section 68(3) of the 1996 Act.
6
The provisions of this regulation are without prejudice to the powers of the Authority with regard to the approval of the investigating officer under section 72(3)(a) or (b) of the 1996 Act in a case where the Authority are required, or have determined, to supervise the investigation of a complaint or other matter under that section.
Initial personal explanation
8
The investigating officer shall, as soon as is practicable (without prejudicing his or any other investigation of the matter), cause the senior officer concerned to be given written notice–
a
that there is to be an investigation into the case;
b
of the nature of the report, complaint or allegation;
c
informing him that he is not obliged to say anything concerning the matter, but that he may, if he so desires, make a written or oral statement concerning the matter to the investigating officer or to the appropriate authority; and
d
informing him that if he makes such a statement it may be used in any subsequent proceedings under these Regulations.
Personal explanation following investigation
9
1
Where, following or, where paragraph (2) applies, during the investigation of a report, complaint or allegation, it appears that the conduct of a senior officer may not have met the appropriate standard, the appropriate authority shall consider whether proceedings under regulation 11 need be taken.
2
This paragraph applies where, before the end of the investigation, it appears to the investigating officer that the case is one in respect of which the conditions specified in Part I of the Schedule to these Regulations are likely to be satisfied and informs the appropriate authority accordingly.
3
Unless the appropriate authority decide that no such proceedings need be taken, the appropriate authority shall inform the senior officer in writing of the report, allegation or complaint and give him a written notice–
a
asking him whether or not he accepts that his conduct did not meet the appropriate standard;
b
informing him that he is not obliged to say anything concerning the matter, but that he may, if he so desires, make a written or oral statement concerning the matter to the authority; and
c
informing him that if he makes such a statement it may be used in any subsequent proceedings under these Regulations.
4
If the appropriate authority decide that no proceedings under regulation 11 need be taken, they shall so inform the senior officer in writing forthwith.
5
In a case where paragraph (2) applies, the appropriate authority shall–
a
determine whether the case is one in respect of which the conditions specified in Part I of the Schedule to these Regulations are satisfied; and
b
if they determine that the case is one in respect of which those conditions are satisfied and unless they are of the opinion that the circumstances are such that it would be inappropriate to do so, certify the case as a special case;
and where the appropriate authority certify the case under sub-paragraph (b), the notice given under paragraph (3) shall inform the senior officer concerned that it has been so certified.
Sanction without hearing
10
1
If the senior officer concerned accepts that his conduct did not meet the appropriate standard, the appropriate authority may impose a sanction under regulation 22 without the case being dealt with in accordance with regulations 11 to 21.
2
Notwithstanding that the senior officer concerned accepts that his conduct did not meet the appropriate standard, the appropriate authority may, after considering the report of the investigation, deal with the matter according to the appropriate authority’s discretion if they are satisfied that it does not justify the imposition of any sanction under these Regulations.
Notice of proceedings
11
1
This regulation shall apply where the senior officer concerned–
a
accepts that his conduct did not meet the appropriate standard but the appropriate authority do not proceed as mentioned in regulation 10(1) or (2); or
b
does not accept that his conduct failed to meet the appropriate standard but the appropriate authority, after taking into account any statement he may have made in pursuance of notice given under regulation 8 or 9, are not satisfied that his conduct did meet the appropriate standard.
2
Subject to paragraph (4), where this regulation applies the appropriate authority shall refer the case to a hearing and instruct an independent solicitor to give written notice to the senior officer concerned–
a
that the case is being referred to a hearing, and
b
specifying the conduct of that senior officer which it is alleged failed to meet the appropriate standard and the paragraph of the Code of Conduct in respect of which the appropriate standard is alleged not to have been met.
3
The reference in paragraph (2) to an independent solicitor is a reference to a solicitor who is not a member, officer or servant of the appropriate authority or of any local authority which appoints any member of the appropriate authority.
4
Notwithstanding that a case is one to which this regulation applies by virtue of paragraph (1)(b), if, after considering the report of the investigation, the appropriate authority are satisfied that the conduct in question, even if found to have failed to meet the appropriate standard, would not justify the imposition of any sanction under these Regulations, the steps mentioned in paragraph (2) need not be taken and the matter may be dealt with according to the appropriate authority’s discretion.
5
Proceedings at or in connection with a hearing to which a case is referred under this regulation shall, for the purposes of section 65 of the 1996 Act (interpretation of Chapter I of Part IV) be disciplinary proceedings.
Withdrawal of case
12
1
At any time before the beginning of the hearing referred to in a notice under regulation 11, the appropriate authority may direct that the case be withdrawn.
2
Where a direction is given under paragraph (1), the appropriate authority shall, as soon as possible, cause the senior officer concerned to be served with a written notice of the direction and the case shall be treated as if it had not been referred to a hearing.
Documents to be supplied to the senior officer concerned
13
1
Where a senior officer is given notice under regulation 11, he shall, at least 21 days before the date of the hearing referred to in that notice, be notified of the time, date and place of the hearing and be supplied with copies of–
a
any statement he may have made under regulation 8 or 9;
b
any relevant statement, document or other material obtained during the course of the investigation.
2
In this regulation any reference to a copy of a statement shall, where it was not made in writing, be construed as a reference to a copy of an account thereof.
Hearing by tribunal
14
1
Where a case is referred to a hearing it shall be heard by a tribunal consisting of a single person selected and appointed by the appropriate authority from a list of persons nominated by the Lord Chancellor.
2
To assist the tribunal on matters pertaining to the police there shall also be appointed by the appropriate authority one or more assessors selected by that authority with the approval of the tribunal one of whom is or has been a chief officer of police, so, however, that there shall not be so appointed–
a
a person who is one of Her Majesty’s inspectors of constabulary;
b
the chief officer of the force of which the senior officer concerned is a member; or
c
a member, officer or servant of the appropriate authority or of any local authority which appoints any member of the appropriate authority.
Procedure at hearing
15
1
The hearing shall be in private.
2
The case shall be presented–
a
by the independent solicitor mentioned in regulation 11(2); or
b
by some other independent solicitor.
3
In paragraph (2)(b), “independent solicitor” has the same meaning as in regulation 11.
4
The senior officer concerned may conduct his case either in person or by a representative.
5
Any question as to whether any evidence is admissible, or whether any question should or should not be put to a witness, shall be determined by the tribunal.
6
A verbatim record of the proceedings before the tribunal shall be taken and a transcript of the record shall be made and sent to the appropriate authority; and, if a sanction is imposed by that authority and the senior officer concerned so requests within the time limit for any appeal and after he has lodged notice of appeal in accordance with rules made under section 85 of the 1996 Act, a copy of the transcript shall be supplied to him.
Statements in lieu of oral evidence
16
With the consent of the senior officer concerned the tribunal may allow any document to be adduced in evidence during the hearing notwithstanding that a copy thereof has not been supplied to the senior officer concerned in accordance with regulation 13(1).
Adjournment of hearing
17
The tribunal may from time to time adjourn the hearing if it appears to it to be necessary or expedient to do so for the due hearing of the case.
Hearing in absence of senior officer concerned
18
1
It shall be within the discretion of the tribunal to proceed with the hearing of the case in the absence of the senior officer concerned if it appears just and proper to do so.
2
Where, owing to the absence of the senior officer concerned, it is impossible to comply with any of the procedures set out in these Regulations, that procedure shall be dispensed with.
Attendance of complainant at hearing
19
1
This regulation shall apply where there has been a complaint against the senior officer concerned.
2
Notwithstanding anything in regulation 15(1) but subject to paragraphs (3), (4) and (6), the tribunal shall allow the complainant to attend the hearing while witnesses are being examined, or cross-examined, and the complainant may at the discretion of the tribunal be accompanied by a friend or relative.
3
Where the complainant or any person allowed to accompany him is to be called as a witness at the hearing, he and any person allowed to accompany him shall not be allowed to attend before he gives his evidence.
4
Where it appears to the tribunal that a witness may, in giving evidence, disclose information which, in the public interest, ought not to be disclosed to a member of the public, it shall require the complainant and any person allowed to accompany him to withdraw while the evidence is given.
5
Where the senior officer concerned gives evidence, then after the person presenting the case has had an opportunity of cross-examining him, the tribunal shall put to him any questions which the complainant requests should be so put and might have been properly so put by way of cross-examination and, at its discretion, may allow the complainant himself to put such questions to the senior officer concerned.
6
Subject as aforesaid, the complainant and any person allowed to accompany him shall neither intervene in, nor interrupt, the hearing; and if he or such a person should behave in a disorderly or abusive manner, or otherwise misconduct himself, the tribunal may exclude him from the remainder of the hearing.
7
In this regulation, a reference to the complainant is a reference to the originator of the complaint notwithstanding that it was transmitted to the appropriate authority by some other person or by the Authority or some other body.
Tribunal’s report
20
1
The tribunal shall review the facts of the case and decide whether or not the conduct of the senior officer concerned met the appropriate standard.
2
The tribunal shall not find that the conduct of the senior officer concerned failed to meet the appropriate standard unless the conduct is–
a
admitted by the senior officer concerned; or
b
proved by the person presenting the case on the balance of probabilities,
to have failed to meet that standard.
3
The tribunal shall, as soon as possible after the hearing, submit a report to the appropriate authority setting out–
a
the finding of the tribunal under paragraph (1);
b
if that finding was that the conduct of the senior officer concerned failed to meet the appropriate standard, a recommendation as to any sanction which, subject to regulation 21, in its opinion should be imposed; and
c
any other matter arising out of the hearing which it desires to bring to the notice of the appropriate authority.
4
The tribunal shall send the senior officer concerned a copy of the report.
Decision of appropriate authority
21
1
On receipt of the report of the tribunal the appropriate authority shall decide either to dismiss the case or–
a
to record a finding that the conduct of the senior officer concerned failed to meet the appropriate standard but to take no further action, or
b
to record such a finding and impose a sanction.
2
As soon as possible after the appropriate authority has taken its decision in the case that decision shall be notified in writing to the senior officer concerned.
Sanctions
22
1
For the purposes of regulation 10, 20 or 21, the sanctions which may be recommended or imposed shall be–
a
dismissal from the force;
b
requirement to resign from the force as an alternative to dismissal taking effect forthwith or on such date as may be specified in the recommendation or decision;
c
reprimand.
2
Where the question of the sanction to be imposed is being considered by the appropriate authority under regulation 10 or 21–
a
they shall have regard to the record of police service of the senior officer concerned as shown on his personal record and may receive evidence from any witness whose evidence would, in their opinion, assist them in determining the question; and
b
the senior officer concerned, or his representative, shall be afforded an opportunity to make oral or, if appropriate, written representations as respects the question or to adduce evidence relevant thereto.
3
Regulation 15(5) shall apply to proceedings at which such evidence as is referred to in paragraph (2)(a) or (b) or such oral representations as are referred to in paragraph (2)(b) is given or are made as it applies to the proceedings before the tribunal.
Copy of report and decision to be sent to the Secretary of State
23
A copy of the report of the tribunal together with the decision of the appropriate authority shall be sent by the appropriate authority to the Secretary of State.
Expenses of hearing
24
1
All the expenses of a hearing under these Regulations, including the costs of the senior officer concerned, shall be defrayed out of the police fund.
2
Any costs payable under this regulation shall be subject to taxation in such manner as the Secretary of State may direct.
Special cases
25
1
This regulation applies to any case in which a report, complaint or allegation is made which indicates that the conduct of a senior officer did not meet the appropriate standard and in respect of which the conditions specified in Part I of the Schedule to these Regulations are satisfied and a certificate has been issued under regulation 9(5)(b).
2
In the application of these Regulations to a case to which this regulation applies, regulations 11 to 22 shall, subject to paragraph (3), have effect subject to the modifications specified in Part II of the Schedule to these Regulations.
3
Where the appropriate authority have determined that the case is one to which this regulation applies but have directed that the case be returned to the investigating officer the provisions referred to in paragraph (2) shall have effect without modification.
4
In Part II of the Schedule to these Regulations, any reference to a provision of these Regulations shall, unless the contrary intention appears, be construed as a reference to that provision as modified by that Part.
Jack Straw
One of Her Majesty’s Principal Secretaries of State
Home Office
10th March 1999


text:
Citation and commencement
1
1
These Regulations may be cited as the Financial Markets and Insolvency (CGO Service) Regulations 1999 and, subject to the following provisions of this Regulation, shall come into force on 24th May 1999.
2
If notice is given that the responsibility for operating the CGO Service is not to be transferred from the Bank of England to CRESTCo Limited on or before 24th May 1999 nothing in these Regulations shall have effect until such day, of which prior notice is given, on which that responsibility is so transferred.
3
For the purposes of paragraph (2) above, notice is given by the Bank of England and CRESTCo Limited by a notice published in the London, Edinburgh and Belfast Gazettes.
Interpretation
2
In these regulations–
“CGO Service” has the same meaning as in the principal Regulations ; and
“the principal Regulations” means the Financial Markets and Insolvency Regulations 1991 .
Amendment of the principal Regulations
3
1
Regulation 7 of the principal Regulations (interpretation) shall be amended–
a
by deleting the definition of “CGO”;
b
in the definition of “CGO Service member” by substituting for the words “the Bank” the words “CRESTCo Limited (which is now responsible for operating the CGO Service)”;
c
in the definition of “former CGO Service member” by deleting the words “by contract with the Bank”; and
d
in the definition “settlement bank” by substituting for the words “the Bank” the words “CRESTCo Limited (which is now responsible for operating the CGO Service)”.
2
Regulation 12 of the principal Regulations (circumstances in which CGO charge to be treated as market charge) shall be amended by substituting for the expression “CGO” the words “CGO Service”.
Clive Betts
Jim Dowd
Two of the Lords' Commissioners of Her Majesty’s Treasury
21st April 1999
Kim Howells
Parliamentary Under Secretary of State,
Department of Trade and Industry
21st April 1999


text:
1
This Order may be cited as the Public Telecommunication System Designation (Easynet Group plc) Order 1999 and shall come into force on 5th January 2000.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Patricia Hewitt
Minister of State for Small Business and E-Commerce,
Department of Trade and Industry
4th December 1999


text:
1
This Order may be cited as the Crime and Disorder Act 1998 (Commencement No. 5) Order 1999.
2
Sections 46 and 49 of the Crime and Disorder Act 1998 shall, to the extent that they are not already in force, come into force on 1st November 1999.
Jack Straw
One of Her Majesty’s Principal Secretaries of State
Home Office
28th October 1999


text:
Citation and interpretation
1
1
This Order may be cited as the Social Security Act 1998 (Commencement No. 3) Order 1999.
2
In this Order references to sections and Schedules are references to sections of and Schedules to the Social Security Act 1998.
Appointed days
2
1
The day appointed for the coming into force of section 51 (Class 1 contributions)–
a
for the purpose only of authorising the making of Regulations is 23rd February 1999; and
b
for all other purposes is 6th April 1999.
2
The day appointed for the coming into force of the provisions specified in paragraph (3) below is 6th April 1999.
3
The provisions specified in this paragraph are–
a
paragraphs 16, 58(1), 59 to 61, 71(b), (c) and (e), 74, 75, 77(2) to (5), 90, 92 to 94, 99(3), 110(1)(b), 126 to 128 and 133 of Schedule 7 and section 86(1) in so far as it relates to those paragraphs;
b
in Schedule 8 the repeals of the provisions of the Social Security Administration Act 1992 specified below and section 86(2) in so far as it relates to them–
i
section 146;
ii
in section 147(1), (2) and (3) the words “or 146”; and
iii
in section 190, in subsection (1)(a) the word “146,”; and
c
in Schedule 8 the repeals of the provisions specified below and section 86(2) in so far as it relates to them–
i
the definitions of “initial primary percentage” and “main primary percentage” in section 122(1) of the Social Security Contributions and Benefits Act 1992 ; and
ii
section 137(2) of the Pensions Act 1995 .
Signed by authority of the Secretary of State for Social Security.
Stephen C. Timms
Parliamentary Under-Secretary of State,
Department of Social Security
22nd February 1999


text:
1
This Order may be cited as the Landfill Tax (Site Restoration and Quarries) Order 1999 and shall come into force on 1st October 1999 in respect of disposals of material taking place, or treated as taking place, on or after that date.
2
The Finance Act 1996 shall be amended by —
a
inserting after section 43B —
Site restoration.
43C
1
A disposal is not a taxable disposal for the purposes of this Part if —
a
the disposal is of material all of which is treated for the purposes of section 42 above as qualifying material,
b
before the disposal the operator of the landfill site notifies the Commissioners in writing that he is commencing the restoration of all or a part of the site and provides such other written information as the Commissioners may require generally or in the particular case, and
c
the material is deposited on and used in the restoration of the site or part specified in the notification under paragraph (b) above.
2
In this section “restoration” means work, other than capping waste, which is required by a relevant instrument to be carried out to restore a landfill site to use on completion of waste disposal operations.
3
The following are relevant instruments —
a
a planning consent;
b
a waste management licence;
c
resolution authorising the disposal of waste on or in land.
.
b
inserting after section 44 —
Quarries.
44A
1
A disposal is not a taxable disposal for the purposes of this Part if it is —
a
of material all of which is treated for the purposes of section 42 above as qualifying material,
b
made at a qualifying landfill site, and
c
made, or treated as made, on or after 1st October 1999.
2
A landfill site is a qualifying landfill site for the purposes of this section if at the time of the disposal —
a
the landfill site is or was a quarry,
b
subject to subsection (3) below, it is a requirement of planning consent in respect of the land in which the quarry or former quarry is situated that it be wholly or partially refilled, and
c
subject to subsection (4) below, the licence or, as the case may require, resolution authorising disposals on or in the land comprising the site permits only the disposal of material which comprises qualifying material.
3
Where a quarry —
a
was in existence before 1st October 1999, and
b
quarrying operations ceased before that date,
the requirement referred to in subsection (2)(b) must have been imposed on or before that date.
4
Where a licence authorising disposals on or in the land does not (apart from the application of this subsection) meet the requirements of subsection (2)(c) above and an application has been made to vary the licence in order to meet them, it shall be deemed to meet them for the period before —
a
the application is disposed of, or
b
the second anniversary of the making of the application if it occurs before the application is disposed of.
5
For the purposes of subsection (4) an application is disposed of if —
a
it is granted,
b
it is withdrawn,
c
it is refused and there is no right of appeal against the refusal,
d
a time limit for appeal against refusal expires without an appeal having been commenced, or
e
an appeal against refusal is dismissed or withdrawn and there is no further right of appeal.
.
Jane Kennedy
Bob Ainsworth
Two of the Lords Commissioners of Her Majesty’s Treasury
21st July 1999


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Nursery Education (England) (Amendment) (No. 2) Regulations 1999 and shall come into force on 1st September 1999.
2
In these Regulations “the principal Regulations ” means the Nursery Education (England) Regulations 1998 .
Nursery Education
2
For regulation 3 of the principal Regulations there shall be substituted the following regulation–
3
1
For the purposes of section 1(2)(b) of the Act (prescribing a time, earlier than the time in section 1(2)(a), after which education provided for children is nursery education) there is prescribed–
a
in relation to education provided for a child at a school or other premises in the area of a local education authority specified in column (1) of the Schedule to these Regulations who does not fall within sub-paragraph (b) below the day immediately preceding the later of–
i
the start of the first term starting after the child has attained the age of 3 years; or
ii
if the child’s third birthday falls within one of the periods specified in paragraph (2), the start of the term following the term referred to in that paragraph;
b
in relation to education provided for any other child the day immediately preceding the later of–
i
the start of the first term starting after the child has attained the age of 4 years; or
ii
if the child’s fourth birthday falls within one of the periods specified in paragraph (2), the start of the term following the term referred to in that paragraph.
2
The periods referred to in paragraphs (1)(a)(ii) and (1)(b)(ii) are, in any year,
a
the period commencing 1st April and ending with the start of the Summer term of that year;
b
the period commencing 1st September and ending with the start of the Autumn term of that year;
c
the period commencing 1st January and ending with the start of the Spring term of that year.
3
For the purposes of paragraphs (1) and (2) of this regulation “term” means the term kept in relation to the education provided, or to be provided, or under consideration, for the child, as the case may be, and, in any year, Spring term, Summer term and Autumn term mean, respectively, the term which starts in January, in April and in September.
4
The amount of grant payable in respect of education provided in accordance with paragraphs (1)(a) and (1)(b) shall be calculated separately under regulations 6 and 7.
5
The total amount of grant payable under regulation 7 in respect of education provided in accordance with paragraph (1)(a) shall not exceed the amount specified in column (2) of the Schedule.
The Schedule
3
At the end of the principal regulations there shall be inserted the Schedule to these Regulations.
Margaret Hodge
Parliamentary Under Secretary of State,
Department for Education and Employment
26th July 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Financial Services Act 1986 (Restriction of Exemption) Order 1999 and shall come into force on 1st December 1999.
2
In this order–
a
“charity trustees” has the same meaning as in section 97(1) of the Charities Act 1993 ;
b
“common investment scheme” has the same meaning as in section 24(1) of that Act; and
c
“pooling scheme fund” means a fund established by a common investment scheme the trusts of which provide that property is not to be transferred to the fund except by or on behalf of a charity the charity trustees of which are the trustees appointed to manage the fund.
Restriction of exemption for managers of certain funds
2
Subject to the provisions of article 3, the exemption for which section 45(1)(j) of the Financial Services Act 1986 makes provision for a person acting in his capacity as manager of a fund established under section 22 of the Charities Act 1960 or under section 24 of the Charities Act 1993 shall be restricted so that it applies only where the fund is a pooling scheme fund.
Transitional provision
3
A person acting in his capacity as manager of a fund, other than a pooling scheme fund, established by a common investment scheme which takes effect before the date on which this Order comes into force shall not cease to be an exempted person as respects his management of that fund until whichever first occurs of the following events–
a
the expiry of the period of six months beginning with the date upon which this Order comes into force;
b
a further common investment scheme taking effect in relation to the fund.
Clive Betts
Bob Ainsworth
Two of the Lords Commissioners of Her Majesty’s Treasury
3rd November 1999


text:
Title, extent and commencement
1
These Regulations may be cited as the Beef Bones (Amendment) (England) Regulations 1999, shall extend to England only and shall come into force on 17th December 1999.
Amendments to the Beef Bones Regulations 1997
2
1
In so far as they extend to England, the Beef Bones Regulations 1997 are amended in accordance with the following paragraphs of this regulation.
2
The following regulation is substituted for regulation 3 (bone-in beef)–
Bone-in beef
3
1
Subject to paragraphs (2) and (3) below, no person shall use any bone-in beef in the preparation in the course of a business of any food or ingredient for human consumption.
2
The prohibition in paragraph (1) above shall not apply to the use of bone-in beef in the production of food for sale direct to the ultimate consumer at the premises where the production takes place, including the case where the sale involves delivery of take-away food.
3
Nothing in paragraph (1) above shall prohibit the processing or treatment of bone-in beef for sale as such.
.
3
The following regulation is substituted for regulation 4 (bones)–
Bones
4
1
Subject to paragraph (3) below, no person shall sell any bone removed from bone-in beef deboned in Great Britain for use in the preparation in the course of a business of any food or ingredient for human consumption.
2
Subject to paragraph (4) below, no person shall use any bone removed from bone-in beef deboned in Great Britain in the preparation in the course of a business of any food or ingredient for human consumption.
3
The prohibition in paragraph (1) above shall not apply to the sale of bones for use in the production of food for sale direct to the ultimate consumer at the premises where the production takes place, including the case where the sale to the ultimate consumer involves delivery of take-away food.
4
The prohibition in paragraph (2) above shall not apply to the use of bones in the production of food for sale direct to the ultimate consumer at the premises where the production takes place, including the case where the sale involves delivery of take-away food.
.
4
The following regulation is substituted for regulation 5 (food and food ingredients)–
Food and food ingredients
5
1
Subject to paragraph (5) below, no person shall in the course of a business sell for human consumption any food an ingredient of which consists of bones removed from bone-in beef deboned in Great Britain.
2
Subject to paragraph (6) below, no person shall in the course of a business sell for human consumption any food an ingredient of which is derived from bones removed from bone-in beef deboned in Great Britain.
3
No person shall sell any substance derived from bones removed from bone-in beef deboned in Great Britain for use in the preparation in the course of a business of any food or ingredient for human consumption.
4
Subject to paragraph (7) below, no person shall use any substance derived from bones removed from bone-in beef deboned in Great Britain in the preparation in the course of a business of any food or ingredient for human consumption.
5
The prohibition in paragraph (1) above shall not apply to the sale of any food, an ingredient of which consists of bones, direct to the ultimate consumer at the premises where it was produced (including the case where the sale involves delivery of take-away food) if the bones in question were added to the food at those premises.
6
The prohibition in paragraph (2) above shall not apply to the sale of food direct to the ultimate consumer at the premises where it was produced (including the case where the sale involves delivery of take-away food) if the ingredient in question was derived from the bones concerned at those premises.
7
The prohibition in paragraph (4) above shall not apply to the use of a substance in the production of food for sale direct to the ultimate consumer at the premises where the production takes place (including the case where the sale involves delivery of take-away food) if that substance was derived from the bones concerned at those premises.
8
For the purposes of this regulation, an ingredient or substance shall be treated as derived from bones removed from bone-in beef regardless of whether it was derived from the bones before, during or after their removal from the bone-in beef.
.
5
Regulation 6 (deboning) is revoked.
6
The following regulation is substituted for regulation 7 (storage of bones)–
Storage of bones and substances
7
1
Subject to paragraph (2) below, the operator of any food premises shall ensure that–
a
all bones at the premises which have been removed from bone-in beef deboned in Great Britain; and
b
all substances at the premises which have been derived from bones removed from bone-in beef deboned in Great Britain,
are stored separately from and do not come into contact with any other food at those premises.
2
Paragraph (1) above shall not apply to the storage of bones and substances at any premises at which (pursuant to these Regulations) the bones and substances are used in the production of food for sale direct to the ultimate consumer at those premises.
.
7
Regulation 8 (disposal of bones) is revoked.
8
The following regulation is substituted for regulation 9 (records)–
Records
9
1
Each person who at food premises debones bone-in beef shall make a record of the place to which the bones concerned are consigned.
2
Where those bones are re-consigned the person re-consigning them shall make a record of the place to which they are consigned.
3
Any record required to be made pursuant to paragraph (1) or (2) above shall be kept for at least 2 years from the date of making.
4
This regulation shall not apply where bones are–
a
disposed of by way of sale to the ultimate consumer; or
b
not consigned or re-consigned for human consumption.
.
Nick Brown
Minister of Agriculture, Fisheries and Food
15th December 1999
Signed by authority of the Secretary of State for Health
Yvette Cooper
Parliamentary Under-Secretary of State for Public Health,
Department of Health
15th December 1999
Paul Murphy
Secretary of State for Wales
15th December 1999


text:
Citation and commencement
1
This Order may be cited as the Value Added Tax (Supplies of Goods where Input Tax cannot be recovered) Order 1999 and shall come into force on 1st March 2000 in respect of supplies made on or after that date.
Supplies of goods where input tax cannot be recovered
2
1
Schedule 9 to the Value Added Tax Act 1994 shall be varied in accordance with paragraphs (2) and (3) of this article.
2
In Part I there shall be inserted after the entry relating to Sport, sports competitions and physical education the following entry —
Supplies of goods where input tax cannot be recovered Group 14
.
3
In Part II after Group 13 there shall be added the following —
GROUP 14 — SUPPLIES OF GOODS WHERE INPUT TAX CANNOT BE RECOVERED
Item No.
1
A supply of goods in relation to which each of the following conditions is satisfied, that is to say —
a
there is input tax of the person making the supply (“the relevant supplier”), or of any predecessor of his, that has arisen or will arise on the supply to, or acquisition or importation by, the relevant supplier or any such predecessor of goods used for the supply made by the relevant supplier;
b
the only such input tax is non-deductible input tax; and
c
the supply made by the relevant supplier is not a supply which would be exempt under Item 1 of Group 1 of Schedule 9 but for an election under paragraph 2 of Schedule 10.
Notes:
1
Subject to Note (2) below, in relation to any supply of goods by the relevant supplier, the goods used for that supply are —
a
the goods supplied; and
b
any goods used in the process of producing the supplied goods so as to be comprised in them.
2
In relation to a supply by any person consisting in or arising from the grant of a major interest in land (“the relevant supply”) —
a
any supply consisting in or arising from a previous grant of a major interest in the land is a supply of goods used for the relevant supply; and
b
subject to paragraph (a) above, the goods used for the relevant supply are any goods used in the construction of a building or civil engineering work so as to become part of the land.
3
Subject to Notes (7) to (10) below, non-deductible input tax is input tax to which Note (4) or (5) below applies.
4
This Note applies to input tax which (disregarding this Group and regulation 106 of the Value Added Tax Regulations 1995 (de minimis rule)) is not, and will not become, attributable to supplies to which section 26(2) applies.
5
This Note applies to input tax if —
a
disregarding this Group and the provisions mentioned in Note (6) below, the relevant supplier or a predecessor of his has or will become entitled to credit for the whole or a part of the amount of that input tax; and
b
the effect (disregarding this Group) of one or more of those provisions is that neither the relevant supplier nor any predecessor of his has or will become entitled to credit for any part of that amount.
6
The provisions mentioned in Note (5) above are —
a
Article 5 of the Value Added Tax (Input Tax) Order 1992 (no credit for input tax on goods or services used for business entertainment);
b
Article 6 of that Order (no credit for input tax on non-building materials incorporated in a building or site);
c
Article 7 of that Order (no credit for input tax on motor cars);
d
any provision directly or indirectly re-enacted (with or without modification) in a provision mentioned in paragraphs (a) to (c) above.
7
For the purposes of this Group the input tax of a person shall be deemed to include any VAT which —
a
has arisen or will arise on a supply to, or acquisition or importation by, that person; and
b
would fall to be treated as input tax of that person but for its arising when that person is not a taxable person.
8
Subject to Note (9) below, the input tax that is taken to be non-deductible input tax shall include any VAT which —
a
is deemed to be input tax of any person by virtue of Note (7) above; and
b
would be input tax to which Note (4) or (5) above would apply if it were input tax of that person and, in the case of a person to whom section 39 applies, if his business were carried on in the United Kingdom.
9
Non-deductible input tax does not include any VAT that has arisen or will arise on a supply to, or acquisition or importation by, any person of any goods used for a supply of goods (“the relevant supply”) if —
a
that VAT; or
b
any other VAT arising on the supply to, or acquisition or importation by, that person or any predecessor of his of any goods used for the relevant supply,
has been or will be refunded under section 33, 39 or 41.
10
Input tax arising on a supply, acquisition or importation of goods shall be disregarded for the purposes of determining whether the conditions in Item No. 1(a) and (b) are satisfied if, at a time after that supply, acquisition or importation but before the supply by the relevant supplier, a supply of the goods or of anything in which they are comprised is treated under or by virtue of any provision of this Act as having been made by the relevant supplier or any predecessor of his to himself.
11
In relation to any goods or anything comprised in any goods, a person is a predecessor of another (“the putative successor”) only if Note (12) or (13) below applies to him in relation to those goods or that thing; and references in this Group to a person’s predecessors include references to the predecessors of his predecessors through any number of transfers and events such as are mentioned in Notes (12) and (13).
12
This Note applies to a person in relation to any goods or thing if —
a
the putative successor is a person to whom he has transferred assets of his business by a transfer of that business, or a part of it, as a going concern;
b
those assets consisted of or included those goods or that thing; and
c
the transfer of the assets is one falling by virtue of an Order under section 5(3) (or under an enactment re-enacted in section 5(3)) to be treated as neither a supply of goods nor a supply of services.
13
This Note applies to a body corporate in relation to any goods or thing if —
a
those goods or that thing formed part of the assets of the business of that body at a time when it became a member of a group of which the putative successor was at that time the representative member;
b
those goods or that thing formed part of the assets of the business of that body corporate, or of any other body corporate which was a member of the same group as that body, at a time when that body was succeeded as the representative member of the group by the putative successor; or
c
those goods or that thing formed part of the assets of the putative successor at a time when it ceased to be a member of a group of which the body corporate in question was at the time the representative member.
14
References in Note (13) above to a body corporate’s being or becoming or ceasing to be a member of a group or the representative member of a group are references to its falling to be so treated for the purposes of section 43.
15
In Notes (11) to (13) above the references to anything comprised in other goods shall be taken, in relation to any supply consisting in or arising from the grant of a major interest in land, to include anything the supply, acquisition or importation of which is, by virtue of Note (2) above, taken to be a supply, acquisition or importation of goods used for making the supply so consisting or arising.
16
Notes (1) and (1A) to Group 1 shall apply for the purposes of this Group as they apply for the purposes of that Group.
.
Jim Dowd
Bob Ainsworth
Two of the Lords Commissioners of Her Majesty’s Treasury
14th October 1999


text:
Citation and commencement
1
These Regulations may be cited as the Yugoslavia (Prohibition of Flights) (No. 2) Regulations 1999 and shall come into force on 20th December 1999.
Revocation
2
The Yugoslavia (Prohibition of Flights) Regulations 1999 are hereby revoked.
Interpretation
3
In these Regulations “the Council Regulation” means Council Regulation ( EC ) No. 2151/1999 of 11th October 1999 imposing a ban on flights between the territories of the Community and the Federal Republic of Yugoslavia other than the Republic of Montenegro of the Province of Kosovo, and repealing Regulation (EC) No. 1064/1999 .
Prohibition on flights
4
Save where article 102 (Restriction with respect to carriage for valuable consideration in aircraft registered outside the United Kingdom) of the Air Navigation (No. 2) Order 1995 is contravened, any person operating an aircraft which takes off from or lands in the United Kingdom contrary to article 1 of the Council Regulation shall be guilty of an offence under these Regulatons.
5
Any person who, knowingly and intentionally, participates in related activities the object or effect of which is, directly or indirectly, to circumvent the provisions of articles 1 and 2 of the Council Regulation contrary to article 5 of the Council Regulation shall be guilty of an offence under these Regulations.
6
1
Any person guilty of an offence under these Regulations shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum;
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.
2
Where an offence under these Regulations has been committed by a body corporate and 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 that offence and liable to be proceeded against and punished accordingly.
3
Where the affairs of a body corporate are managed by its members, paragraph (2) 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.
4
Where a Scottish partnership is guilty of an offence under these Regulations and that offence 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 that offence and shall be liable to be proceeded against and punished accordingly.
5
Proceedings against any person for an offence under these Regulations may be taken before the appropriate court in the United Kingdom having jurisdiction in the place where that person is for the time being.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Chris Mullin
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
24th November 1999


text:
Citation and commencement
1
This Order may be cited as the East Kent Hospitals National Health Service Trust (Establishment) Amendment Order 1999 and shall come into force on 9th July 1999.
Amendment of NHS trust Establishment Order
2
In article 4 of the East Kent Hospitals National Health Service Trust (Establishment) Order 1999 , for “5 non-executive” substitute “6 non-executive”.
Signed by authority of the Secretary of State for Health
Hayman
Parliamentary Under Secretary of State,
Department of Health
28th June 1999


text:
Title, commencement, extent and interpretation
1
1
This Order may be cited as the Food (Animals and Animal Products from Belgium) (Emergency Control) (England and Wales) (No. 3) Order 1999, shall come into force on 12th October 1999 and shall extend to England and Wales.
2
In this Order —
“ the Act ” means the Food Safety Act 1990;
“animal” includes any bird;
“the Commission Decision” means Commission Decision 1999/640/ EC on protective measures with regard to contamination by dioxins of certain products of porcine and poultry origin intended for human or animal consumption ;
“free circulation” shall be construed in accordance with Article 23.2 of the Treaty establishing the European Community;
“member State” means a member State of the European Community other than Belgium or the United Kingdom;
“port health authority” includes a port local authority and a joint port local authority; and
“relevant animal or animal product” means an entity coming within any of the following descriptions —
live animals and hatching eggs as referred to in Article 3 of the Commission Decision;
products of Belgian origin covered by Article 1.4 of the Commission Decision, and
products which are derived or partly derived from live animals or hatching eggs referred to in sub-paragraph (a) above or contain any of the products referred to in sub-paragraph (b) above,
but only includes food and food sources.
3
Other expressions used both in this Order and in the Commission Decision have, in so far as the context admits, the same meaning in this Order as they bear in that Decision.
Exemptions
2
1
Article 3 hereof shall not apply to —
a
the importation of any food or food source if, when imported, that food or food source is accompanied by valid certification relating to it, as specified in paragraph (3) below;
b
any subsequent commercial operations in relation to the food or food source if it can be proved by the person carrying out the operation that at the time of importation it was so accompanied; or
c
the return to Belgium, in accordance with Article 5 of the Commission Decision, of any product covered by this Order.
2
Article 5 hereof shall not, save for sub-paragraphs (a) and (b) of paragraph (1) thereof, apply to any imported food or food source 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 —
a
in the case of live poultry or hatching eggs as referred to in Article 2.2 of the Commission Decision, an official declaration signed by the Belgian competent authority in the form called for by that Article, as read with Article 2.4 of that Decision;
b
in the case of pigs as referred to in Article 2.3 of the Commission Decision, an official declaration signed by the Belgian competent authority in the form called for by that Article, as read with Article 2.4 of that Decision;
c
in the case of products referred to in Article 2.1 of the Commission Decision, an official certificate signed by the Belgian competent authority in the form called for by that Article, as read with Article 2.4 of that Decision.
Prohibitions
3
1
Subject to paragraph (2) below, no person shall carry out commercial operations with respect to any relevant animal or animal product.
2
Paragraph (1) above shall not be taken to prohibit the bringing into England and Wales, from a member State, of any relevant animal or animal product in free circulation in that member State.
Enforcement
4
1
This Order shall be enforced and executed by the Minister of Agriculture, Fisheries and Food, the Secretary of State and by 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 article 2(1)(c) hereof, the competent authority for the purposes of the offical certificate shall be the Minister of Agriculture, Fisheries and Food, the Secretary of State or any authorised officer of a food authority.
3
Each port health authority or food authority, as appropriate, shall give such assistance and information to the Minister as he may request for the purpose of his duties under section 13 of the Act in connection with the implementation of the Commission Decision in relation to food and food sources.
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 this Order, 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 food and food sources which appear to an authorised officer to come within the definition of “relevant animal or animal product”;
c
subsections (3) to (9) thereof shall apply —
i
to any food or food source 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 relevant animal or animal product as if it were food which failed to comply with food safety requirements,
save that where a notice under subsection (3)(a)(i) is given in relation to a food source, the notice is to relate to food which may come to be derived from the food source, that subsection (6) thereof shall apply in relation to the destruction or disposal of a food source so as to prevent food which may come to be derived from it from being used for human consumption, and that a justice of the peace shall decline to condemn food or food sources falling within sub-paragraph (b) above under subsection (6) thereof if and only if it is proved to him that they do not comprise relevant animals or animal products, or that they are to be returned to Belgium as specified in article 2(1)(c) hereof.
2
The following provisions of the Act shall apply, subject to paragraph (3) below, for the purposes of this Order and any reference in those provisions to the Act shall be construed for the purposes of this Order as a reference to this Order —
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 Food (Animals and Animal Products from Belgium) (Emergency Control) (England and Wales) (No. 2) Order 1999 is hereby revoked.
Hayman
Minister of State, Ministry of Agriculture, Fisheries and Food
11th October 1999