text:
Title and commencement
1
This Order may be cited as the Railways Act 1993 (Consequential Modifications) (No. 2) Order 1999 and shall come into force on 13th August 1999.
Interpretation
2
1
In this Order–
“general railway services” means any service which consists of, or is comprised in, maintaining, modifying, repairing or hiring out rolling stock;
“goods”, “light maintenance depot”, “light maintenance services”, “network”, “railway passenger service”, “rolling stock” and “station” have the same meaning as in Part I of the Railways Act 1993
“relevant undertaking” means an undertaking which consists of or includes–
the management or maintenance of a transferred network,
the management of a station which is used in connection with the provision of services for the carriage of passengers on a transferred network,
the management of a light maintenance depot which is used to provide light maintenance services for rolling stock used on a transferred network,
the management of premises which are used to provide facilities for or in connection with the carriage of goods by railway on a transferred network or the unloading of goods carried or intended to be carried by railway on a transferred network, or
the management of premises which are used to provide general railway services where the rolling stock concerned is used or intended for use on a transferred network;
“successor of the British Railways Board” means any person who carries on a relevant undertaking;
“transferred network” means a network which was transferred by virtue of a transfer scheme made under section 85 of the Railways Act 1993 from the British Railways Board and vested in the company formed and registered under the Companies Act 1985 and known, at the date of the vesting, as Railtrack PLC.
2
A transferred network shall not cease to be such a network where it is modified by virtue of having any network or part of a network added to or removed from it.
Amendment of the British Transport Commission Act 1949
3
1
In the provisions of the British Transport Commission Act 1949 mentioned in paragraph (2), references to any of the Boards and to any wholly owned subsidiary of any of the Boards shall include references to any successor of the British Railways Board (but not to a subsidiary of such a successor unless it is itself such a successor).
2
The provisions referred to in paragraph (1) are–
section 54 (powers of police as to search and arrest);
section 55 (trespass on railways etc );
section 56 (stone throwing on railway); and
section 57 (rights of way over roads, footpaths etc. ).
4
In section 54(1) of the British Transport Commission Act 1949, the reference to persons in the employment or employed upon the property of any successor of the British Railways Board (or a subsidiary of such a successor if it is itself a successor) shall have effect as a reference to persons so employed in connection with a relevant undertaking.
Amendment of the Police and Criminal Evidence Act 1984
5
1
In section 6 of the Police and Criminal Evidence Act 1984 (stop and search powers:statutory undertakers etc.), after subsection (1) there shall be inserted the following subsection–
1A
Without prejudice to any powers under subsection (1) above, a constable employed by the British Railways Board may stop, detain and search any vehicle before it leaves a goods area which is included in the premises of any successor of the British Railways Board and is used wholly or mainly for the purposes of a relevant undertaking.
.
2
In subsection (2) of that section at the end there shall be inserted “; and “successor of the British Railways Board” and “relevant undertaking” have the same meaning as in the Railways Act 1993 (Consequential Modifications) Order 1999.”.
Signed by the authority of the Secretary of State for the Environment, Transport and the Regions
Glenda Jackson
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
15th July 1999


type: legislation

jurisdiction: UK

text:
1
These Regulations may be cited as the Federal Republic of Yugoslavia (Supply, Sale and Export of Petroleum and Petroleum Products) (Penalties and Licences) Regulations 1999 and shall come into force on 3rd June 1999.
Interpretation
2
In these Regulations the following expressions have, except where otherwise expressly provided, the meanings hereby respectively assigned to them, that is to say–
“aircraft” means an aircraft referred to in Schedule 1 to the Air Navigation (No. 2) Order 1995 ;
“commander”, in relation to an aircraft, means the member of the flight crew designated as commander of the aircraft by the operator thereof, or, failing such a person, the person who is for the time being the pilot in command of the aircraft;
“the Council Regulation” means Council Regulation ( EC ) No. 900/99 of 29th April 1999 prohibiting the sale and supply of petroleum and certain petroleum products to the Federal Republic of Yugoslavia ;
“master”, in relation to a ship, includes any person (other than a pilot) for the time being in charge of the ship;
“operator”, in relation to an aircraft or vehicle, means the person for the time being having the management of the aircraft or the vehicle;
“owner”, where the owner of a ship is not the operator, means the operator and any person to whom it is chartered;
“ship” has the meaning it bears in section 313 of the Merchant Shipping Act 1995 ;
“shipment” (and cognate expressions) and “stores” shall have the meanings they bear in the Customs and Excise Management Act 1979 ;
“specified goods” means the goods specified in the Annex to the Council Regulation;
“United Kingdom ship” has the meaning it bears in section 1(3) of the Merchant Shipping Act 1995.
3
Any person who infringes the prohibitions in Article 1 of the Council Regulation shall be guilty of an offence and may be arrested.
4
1
Authorisation for the supply, sale or export of petroleum or petroleum products to the Federal Republic of Yugoslavia as provided for in the said Regulation shall in the United Kingdom be by way of licence granted by the Secretary of State.
2
If for the purposes of obtaining a licence any person–
a
makes any statement or furnishes any document which to his knowledge is false in a material particular, or
b
recklessly makes any statement or furnishes any document or information which is false in a material particular,
he shall be guilty of an offence; and any licence granted in connection with the application for which the false statement was made or the false document or information furnished shall be void as from the time it was granted.
3
Any person who, having supplied, sold or exported petroleum or petroleum products under the authority of a licence granted under this regulation, fails to comply with any requirements or conditions to which the licence is subject shall be guilty of an offence unless–
a
the licence had previously been modified by the Secretary of State without that person’s consent,
b
the alleged failure to comply would not have been a failure had the licence not been so modified, and
c
that person proves that the supply, sale or export had taken place before the modification had been made.
Customs powers to demand evidence of destination which goods reach
5
Any exporter or any shipper of goods which have been exported from the United Kingdom shall, if so required by the Commissioners of Customs and Excise, furnish within such time as they may allow proof to their satisfaction that the goods have reached either–
i
a destination to which they were authorised to be exported by a licence granted under these Regulations; or
ii
a destination to which the exportation was not prohibited by the Council Regulation,
and, if he fails to do so, he shall be guilty of an offence under these Regulations unless he proves that he did not consent to or connive at the goods reaching any destination other than such a destination as aforesaid.
Declaration as to goods: powers of search
6
1
Any person who is about to leave the United Kingdom shall if he is required to do so by an officer of Customs and Excise–
a
declare whether or not he has with him any specified goods which are destined for the Federal Republic of Yugoslavia or for delivery, directly or indirectly, to any person connected with the Federal Republic of Yugoslavia; and
b
produce any such goods as aforesaid which he has with him,
and such officer, and any person acting under his directions, may search that person for the purpose of ascertaining whether he has with him any such goods as aforesaid:
Provided that no person shall be searched in pursuance of this paragraph except by a person of the same sex.
2
Any person who without reasonable excuse refuses to make a declaration, fails to produce any goods or refuses to allow himself to be searched in accordance with the foregoing provisions of this article shall be guilty of an offence under these Regulations.
3
Any person who under the provisions of this article makes a declaration which to his knowledge is false in a material particular or recklessly makes any declaration which is false in a material particular shall be guilty of an offence under these Regulations.
Investigation, etc. of suspected ships, aircraft and vehicles
7
1
Where any authorised officer, that is to say, any officer referred to in section 284(1) of the Merchant Shipping Act 1995, has reason to suspect that any United Kingdom ship has been or is being or is about to be used in contravention of Article 1 of the Council Regulation, he may (either alone or accompanied and assisted by persons under his authority) board the ship and search her and, for that purpose, may use or authorise the use of reasonable force, and he may request the master of the ship to furnish such information relating to the ship and her cargo and produce for his inspection such documents so relating and such cargo as he may specify. An authorised officer (either there and then or upon consideration of any information furnished or document or cargo produced in pursuance of such a request) may, in the case of a ship that is reasonably suspected of being or of being about to be used in contravention of Article 1 of the Council Regulation, exercise the following further powers with a view to the prevention of the commission (or the continued commission) of any such contravention or in order that enquiries into the matter may be pursued. He may either direct the master to refrain, except with the consent of any authorised officer, from landing at any port specified by the officer any part of the ship’s cargo that is so specified or request the master to take any one or more of the following steps:
a
to cause the ship not to proceed with the voyage on which she is then engaged or about to engage until the master is notified by any authorised officer that the ship may so proceed;
b
if the ship is then in a port in the United Kingdom, to cause her to remain there until the master is notified by an authorised officer that the ship may depart;
c
if the ship is then in any other place, to take her to any such port specified by the officer and to cause her to remain there until the master is notified as mentioned in sub-paragraph (b) of this paragraph; and
d
to take her to any other destination that may be specified by the officer in agreement with the master.
2
Without prejudice to the provisions of paragraph (8) of this regulation, where a master refuses or fails to comply with a request made under this regulation that his ship shall or shall not proceed to or from any place or where an authorised officer otherwise has reason to suspect that such a request that has been so made may not be complied with, any such officer may take such steps as appear to him to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, may for that purpose enter upon, or authorise entry upon, that ship and use, or authorise the use of, reasonable force.
3
Where any officer of Customs and Excise or any person authorised by the Secretary of State for that purpose either generally or in a particular case has reason to suspect that any aircraft registered in the United Kingdom or any aircraft for the time being chartered to any British citizen, British Dependent Territories citizen, British Overseas citizen, British subject, British protected person or British National (Overseas) has been or is being or is about to be used in contravention of Article 1 of the Council Regulation, that authorised person or that officer may request the charterer, the operator and the commander of the aircraft or any of them to furnish such information relating to the aircraft and its cargo and produce for his inspection such information relating to the aircraft and its cargo and produce for his inspection such documents so relating and such cargo as he may specify. That authorised person or that officer may (either alone or accompanied and assisted by persons under his authority) board the aircraft and search it and, for that purpose, may use or authorise the use of reasonable force. If the aircraft is then in the United Kingdom, any such authorised person or any such officer (either there and then or upon consideration of any information furnished or document or cargo produced in pursuance of such a request) may further request the charterer, operator and the commander or any of them to cause the aircraft to remain in the United Kingdom until notified that the aircraft may depart.
4
Without prejudice to the provisions of paragraph (8) of this regulation, where any person authorised as aforesaid or any such officer as aforesaid, has reason to suspect that any request that an aircraft should remain in the United Kingdom that has been made under paragraph (3) of this regulation may not be complied with, that authorised person or that officer may take such steps as appear to him to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, may for that purpose:
a
enter, or authorise entry, upon any land and upon that aircraft;
b
detain, or authorise the detention of, that aircraft; and
c
use, or authorise the use of, reasonable force.
5
A person authorised by the Secretary of State to exercise any power for the purposes of paragraph (3) or (4) of this regulation shall, if requested to do so, produce evidence of his authority before exercising that power.
6
No information furnished or document produced by any person in pursuance of a request made under this regulation shall be disclosed except:
a
with the consent of the person by whom the information was furnished or the document was produced:
Provided that a person who has obtained information or is in possession of a document only in his capacity as servant or agent of another person may not give consent for the purposes of this sub-paragraph but such consent may instead be given by any person who is entitled to that information or to the possession of that document in his own right; or
b
to any person who would have been empowered under this regulation to request that it be furnished or produced or to any person holding or acting in any office under or in the service of the Crown in respect of the Government of the United Kingdom; or
c
with a view to the institution of, or otherwise for the purposes of, any proceedings for an offence under these Regulations or, with respect to any of the matters regulated by these Regulations, for an offence under any enactment relating to customs.
7
Any power conferred by this regulation to request the furnishing of information or the production of a document or of cargo for inspection shall include a power to specify whether the information should be furnished orally or in writing and in what form and to specify the time by which and the place in which the information should be furnished or the document or cargo produced for inspection.
8
Each of the following persons shall be guilty of an offence under these Regulations, that is to say:
a
a master of a ship who disobeys any direction given under paragraph (1) of this regulation with respect to the landing of any cargo;
b
a master of a ship or a charterer or any operator or a commander of an aircraft who–
i
without reasonable excuse, refuses or fails within a reasonable time to comply with any request made under this regulation by any person empowered to make it, or
ii
wilfully furnishes false information or produces false documents to such a person in response to such a request;
c
a master or a member of a crew of a ship or a charterer or an operator or a commander or a member of a crew of an aircraft who wilfully obstructs any such person (or any person acting under the authority of any such person) in the exercise of his powers under this regulation.
9
Nothing in this regulation shall be construed so as to prejudice any other provision of law conferring powers or imposing restrictions or enabling restrictions to be imposed with respect to ships or aircraft.
Obtaining of evidence and information
8
The provisions of the Schedule to these Regulations shall have effect in order to facilitate the obtaining, by or on behalf of the Secretary of State or the Commissioners of Customs and Excise, of evidence and information for the purpose of securing compliance with or detecting evasion of these Regulations and in order to facilitate the obtaining, by or on behalf of the Secretary of State or the Commissioners of Customs and Excise, of evidence of the commission of an offence under these Regulations or, with respect to any of the matters regulated by these Regulations, of an offence relating to customs.
Penalties and Proceedings
9
1
Any person guilty of an offence under regulation 3, regulation 4(2) or (3), regulation 6(3), regulation 7(8)(b)(ii) above or paragraph 5(b) or (d) of the Schedule to these Regulations shall be liable:
a
on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both; or
b
on summary conviction to a fine not exceeding the statutory maximum.
2
Any person guilty of an offence under regulation 5, regulation 6(2) or regulation 7(8)(a), (b)(i) or (c) above or paragraph 5(a) or (c) of the Schedule to these Regulations shall be liable on summary conviction to a fine not exceeding the statutory maximum.
3
Where any body corporate 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, 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 shall be liable to be proceeded against and punished accordingly.
4
Notwithstanding anything in section 127(1) of the Magistrates' Courts Act 1980 , a summary offence under these Regulations may be tried by a magistrates' court in England and Wales if any information is laid at any time within three years after the commission of the offence and within 12 months after the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings comes to his knowledge.
5
Notwithstanding anything in section 136 of the Criminal Procedure (Scotland) Act 1995 proceedings in Scotland for an offence under regulations 5, 6(2), 7(8)(a), (b)(i) or (c) or paragraph 5(a) or (c) of the Schedule to these Regulations may be commenced at any time within 12 months after the date on which evidence sufficient in the Lord Advocate’s opinion to justify the proceedings came to his knowledge: and subsection (3) of that section applies for the purpose of this paragraph as it applies for the purpose of that section:
Provided that such proceedings shall not be commenced after the expiration of 3 years from the commission of the offence.
6
Notwithstanding anything in article 19 of the Magistrates' Courts (Northern Ireland) Order 1981 , summary proceedings for an offence under these Regulations in Northern Ireland may be instituted at any time within 3 years after the commission of the offence and within 12 months after the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings comes to his knowledge.
7
For the purposes of this regulation:
a
a certificate signed by or on behalf of the prosecutor or the Lord Advocate (as the case may be) as to the date on which such evidence as is referred to in paragraphs (4), (5) and (6) above came to his knowledge shall be conclusive evidence of that fact; and
b
a certificate purporting to be so signed shall be presumed to be so signed unless the contrary is proved.
8
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.
9
In England and Wales, subsection (2) of section 24 of the Police and Criminal Evidence Act 1984 shall apply to the offences under these Regulations that are not arrestable offences by virtue of the term of imprisonment for which a person may be sentenced in respect of them, as if they were mentioned in that subsection; and accordingly such offences shall be arrestable offences within the meaning of that Act.
10
In Scotland, where a constable reasonably believes that a person has committed or is committing an offence under these Regulations he may arrest that person without a warrant.
11
In Northern Ireland, paragraph (2) of article 26 of the Police and Criminal Evidence (Northern Ireland) Order 1989 shall apply to the offences under these Regulations that are not arrestable offences by virtue of a term of imprisonment for which a person may be sentenced in respect of them, as if they were mentioned in that paragraph; and accordingly such offences shall be arrestable offences within the meaning of that Order.
12
No proceedings for an offence under these Regulations, other than for a summary offence, shall be instituted in England, Wales or Northern Ireland except by the Secretary of State or with the consent of the Attorney General or, as the case may be, the Attorney General for Northern Ireland:
Provided that this paragraph shall not prevent the arrest, or the issue or execution of a warrant for the arrest, of any person in respect of such an offence, or the remand in custody or on bail of any person charged with such an offence, notwithstanding that the necessary consent to the institution of proceedings for the offence has not been obtained.
Exercise of Powers of the Secretary of State
11
1
The Secretary of State may to such extent and subject to such restrictions and conditions as he may think proper, delegate or authorise the delegation of any of his powers under these Regulations (other than the power to give authority under the Schedule to these Regulations to apply for a search warrant) to any person, or class or description of persons, approved by him, and references in these Regulations to the Secretary of State shall be construed accordingly.
2
Any licences granted under these Regulations may be either general or special, may be subject to or without conditions, may be limited so as to expire on a specified date unless renewed and may be varied or revoked by the authority that granted them.
12
The Federal Republic of Yugoslavia (Supply, Sale and Export of Petroleum and Petroleum Products) Regulations 1999 are revoked.
Robin Cook
Secretary of State for Foreign and Commonwealth Affairs, Foreign and Commonwealth Office
2nd June 1999


text:
Citation and commencement
1
These Regulations may be cited as the Public Offers of Securities (Amendment) (No. 2) Regulations 1999 and shall come into force on 10th May 1999.
Amendment of the 1995 Regulations
2
In the Public Offers of Securities Regulations 1995 , in regulation 7(2), for sub-paragraph (s) there is substituted–
s
the securities offered are Euro-securities, and no advertisement relating to the offer is issued in the United Kingdom (within the meaning of the Act), or is caused to be so issued, by the issuer of the Euro-securities or by any credit institution or other financial institution through which the Euro-securities may be acquired pursuant to the offer, or by any body corporate which is a member of the same group as that issuer or any of those institutions, other than–
i
an advertisement falling within article 8 of the Financial Services Act 1986 (Investment Advertisements) (Exemptions) (No. 2) Order 1995 ; or
ii
an advertisement which would fall within article 11 of the Financial Services Act 1986 (Investment Advertisements) (Exemptions) Order 1996 if the person issuing the advertisement were a relevant person within the meaning of that article and there were added to the list of persons in paragraph (3) of that article a person with or for whom any credit institution or other financial institution through which the Euro-securities may be acquired pursuant to the offer has effected or arranged for the effecting of a transaction within the period of twelve months ending with the date on which the offer is first made;
.
Amendment of the Financial Services Act 1986
3
In Schedule 11A to the Financial Services Act 1986 , in paragraph 3(1), for paragraph (r) there is substituted–
r
the securities offered are Euro-securities, and no advertisement relating to the offer is issued in the United Kingdom, or is caused to be so issued, by the issuer of the Euro-securities or by any credit institution or other financial institution through which the Euro-securities may be acquired pursuant to the offer, or by any body corporate which is a member of the same group as that issuer or any of those institutions, other than–
i
an advertisement falling within article 8 of the Financial Services Act 1986 (Investment Advertisements) (Exemptions) (No. 2) Order 1995; or
ii
an advertisement which would fall within article 11 of the Financial Services Act 1986 (Investment Advertisements) (Exemptions) Order 1996 if the person issuing the advertisement were a relevant person within the meaning of that article and there were added to the list of persons in paragraph (3) of that article a person with or for whom any credit institution or other financial institution through which the Euro-securities may be acquired pursuant to the offer has effected or arranged for the effecting of a transaction within the period of twelve months ending with the date on which the offer is first made;
.
Revocations
4
Regulations 2(e) and 4(c) of the Public Offers of Securities (Amendment) Regulations 1999 are revoked.
David Jamieson
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
13th April 1999


text:
1
These Regulations may be cited as the Chemicals (Hazard Information and Packaging for Supply) (Amendment) (No. 3) Regulations 1999 and shall come into force on 4th January 2000.
2
The Chemicals (Hazard Information and Packaging for Supply) Regulations 1994 are amended by substituting for Part III of Schedule 6 the contents of the Schedule to these Regulations.
Kim Howells,
Parliamentary Under-Secretary of State for Consumers and Corporate Affairs,
Department of Trade and Industry
29th November 1999


text:
Citation, commencement and interpretation
1
This Order may be cited as the Railways (Rateable Values) (Amendment) Order 1999, and shall come into force on 1st April 1999.
Amendment of principal order
2
The Railways (Rateable Values) Order 1994 is amended as provided below.
Rateable values of Railtrack and the British Railway Board
3
1
Article 5 is amended as follows.
2
There are omitted from paragraph (1) the words–
a
from “either”, where it first occurs, to “Welsh railway hereditament and”, and
b
from “as follows” to “London underground hereditaments” in sub-paragraph (e).
3
For paragraph (2) there is substituted–
2
In each subsequent year, the rateable value of the London Underground hereditaments shall be the amount produced in respect of that year by applying the standard formula in relation to those hereditaments.
4
At the end there is added–
3
In the case of either English railway hereditament and either Welsh railway hereditament, paragraphs 2 to 2B of Schedule 6 to the Act shall not apply in any year beginning on or after 1st April 1999, and in any such year the rateable values of each such hereditament shall be the amount specified in relation to each ratepayer and each such hereditament in the following table–
Ratepayer English railway hereditament Welsh railway hereditament
British Railways Board £95,100 £21,123 Railtrack PLC £206,144,100 £10,383,100
Consequential provision
4
1
Article 2(1) (interpretation) is amended as follows–
a
the definition of “recalculation factor” is omitted;
b
for the definition of “the standard formula” there is substituted–
“the standard formula” means the formula
T + U ,
where–
a
T is the rateable value specified in article 5(1), and
b
U is the recalculation factor determined under article 8 in respect of the relevant year.
2
In article 6 (recalculation factor: interpretation)–
a
in paragraph (1)–
i
for “articles 7 and 8” there is substituted “article 8”,
ii
sub-paragraph (a) is omitted;
iii
in sub-paragraph (b), for “the relevant designated person” there is substituted “London Underground Limited”;
b
paragraph (2) is omitted;
c
in paragraph (3), for “a designated person” there is substituted “London Underground Limited”, and the words “in relation to that person” are omitted.
3
Article 7 (recalculation factor for Railtrack PLC and the British Railways Board) is omitted.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
25th March 1999
Signed by authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under Secretary of State, Welsh Office
29th March 1999


text:
Citation and commencement
1
1
This Order may be cited as the Transfer of Functions (Scientific Research) Order 1999.
2
This Order shall come into force on 15th November 1999.
Functions relating to scientific research to be exercisable concurrently
2
1
The functions of the Secretary of State under section 5(1) of the Science and Technology Act 1965 shall be exercisable concurrently by the Minister of Agriculture, Fisheries and Food.
2
In section 5(1) of that Act —
a
after the words “Secretary of State”, where they appear for the first time, there shall be inserted the words “or the Minister of Agriculture, Fisheries and Food”, and
b
after the words “Secretary of State”, where they appear for the second time, there shall be inserted the words “or, as the case may be, the Minister of Agriculture, Fisheries and Food”.
3
Nothing in this article shall be taken as implying that the functions of the Secretary of State under section 99 of the Electricity Act 1989 are to become exercisable concurrently by the Minister of Agriculture, Fisheries and Food.
A. K. Galloway
Clerk of the Privy Council


text:
1
This Order may be cited as the Criminal Justice Act 1991 (Commencement No. 3) (Amendment) Order 1999 and shall come into force on 1st June 1999.
2
Article 2(5) of, and Schedule 3 to, the Criminal Justice Act 1991 (Commencement No. 3) Order 1992 are hereby revoked.
3
The provisions of the Criminal Justice Act 1991 referred to in the left-hand column of the Schedule to this Order (which relate to the matters described in the right-hand column of that Schedule) shall come into force on 1st June 1999.
Jack Straw
One of Her Majesty’s Principal Secretaries of State
Home Office
4th May 1999


text:
Citation, commencement, extent and revocation
1
1
These Regulations may be cited as the Education (Special Educational Needs) (Information) (England) Regulations 1999 and shall come into force on 1st October 1999.
2
These Regulations apply only in relation to England.
3
The Education (Special Educational Needs) (Information) Regulations 1994 shall be revoked in relation to England.
Interpretation
2
In these Regulations–
“the 1996 Act ” means the Education Act 1996;
“the 1998 Act ” means the School Standards and Framework Act 1998;
“maintained school” means a community, foundation or voluntary school;
“maintained special school” means a community or foundation special school; and
“statement” means a statement of special educational needs within the meaning of section 324(1) of the 1996 Act.
Publication of information about special educational needs
3
1
The governing body of every maintained school shall publish information about the matters set out in Schedule 1.
2
The governing body of every maintained special school, other than one established in a hospital, shall publish information about the matters set out in Schedule 2.
3
The governing body of every maintained special school which is established in a hospital shall publish information about the matters set out in Schedule 3.
Manner of publication of information
4
1
The information referred to in regulation 3 shall be published in a single document by making copies available free of charge–
a
for distribution–
i
to parents of pupils or prospective pupils, and
ii
to the local education authority and District Health Authority for the area in which the school is situated,
who or which request a copy at the school or through the post; and
b
for reference at the school.
2
The first occasion on which copies of the document referred to in paragraph (1) above are made available in accordance with that paragraph shall be no later than 1st November 1999.
Publication of information — supplementary
5
Where the information referred to in regulation 3 is to be published by the local education authority with the agreement of the governing body pursuant to section 92(5) of the 1998 Act it shall be supplied to them by the governing body and shall be published without material alteration.
Jacqui Smith
Parliamentary Under Secretary of State,
Department for Education and Employment
2nd September 1999


text:
1
This Order may be cited as the Finance Act 1995, Section 139(3), (Appointed Day) Order 1999.
2
The day appointed for the purposes of the repeals effected by Part VIII(21) of Schedule 29 to the Finance Act 1995–
a
in or of subsections (1), and (3) to (6) of section 561 of the Income and Corporation Taxes Act 1988 , and
b
of section 28 of the Finance Act 1988 , is 6th August 1999.
Jim Dowd
David Jamieson
Two of the Lords Commissioners of Her Majesty’s Treasury
29th July 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Central Sheffield University Hospitals 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 Central Sheffield University Hospitals National Health Service Trust (Establishment) Order 1991 ;
“the trust” means the National Health Service trust established by the Order.
Amendment of Establishment Order
2
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)(b) of the Act.
2
The trust’s functions shall be to provide and manage:
i
The Royal Hallamshire Hospital, Glossop Road, Sheffield S10 2JF,
ii
The Charles Clifford Dental Hospital, Wellesley Road, Sheffield S10 2SZ,
iii
The Jessop Hospital for Women, Leavy Greave Road, Sheffield S3 7RE, and
iv
The Weston Park Hospital, Whitham Road, Sheffield S10 2SJ,
and there to provide and manage hospital accommodation and services.
.
Signed by authority of the Secretary of State for Health.
John Denham
Minister of State,
Department of Health
19th March 1999


text:
1
This Order may be cited as the Severn Bridges Tolls Order 1999 and shall, in accordance with section 9(2)(b) of the Severn Bridges Act 1992 (in this Order referred to as “ the Act ”), come into force on 1st January 2000.
2
The tolls leviable in respect of vehicles within the categories referred to in section 8(1) of the Act using either of the bridges shall be as follows: —
Category 1 vehicles £4.20 Category 2 vehicles £8.50 Category 3 vehicles £12.70
3
The Severn Bridges Tolls Order 1998 is hereby revoked.
Signed by authority of the Secretary of State of the Environment, Transport and the Regions
Larry Whitty
Parliamentary Under Secretary of State
Department of the Environment, Transport and the Regions
1st December 1999


text:
Citation and commencement
1
These Regulations may be cited as the Relocation Grants (Form of Application) (Amendment) Regulations 1999 and shall come into force on 30th June 1999.
Amendment of the Relocation Grants (Form of Application) Regulations 1997
2
The form set out in the Schedule to the Relocation Grants (Form of Application) Regulations 1997 is amended as specified in the Schedule to these Regulations.
Application
3
These Regulations shall not have effect in relation to applications for a relocation grant made before 30th June 1999.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
3rd June 1999


text:
1
This Order may be cited as the Immigration (Transit Visa) (Amendment) Order 1999 and shall come into force on 19th November 1999.
2
For the Schedule to the Immigration (Transit Visa) Order 1993 there shall be substituted the Schedule to this Order.
3
The Immigration (Transit Visa) (Amendment No. 3) Order 1998 is hereby revoked.
Jack Straw
One of Her Majesty’s Principal Secretaries of State
Home Office
16th November 1999


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (School Organisation Committees) (England) Regulations 1999 and shall come into force on 1st April 1999.
2
These Regulations apply in relation to local education authorities and school organisation committees established by such authorities in England.
Interpretation
2
1
In these Regulations–
“ the Act ” means the School Standards and Framework Act 1998;
“authority” in relation to a committee or the establishment of a committee means the local education authority for the area for which the committee has been, or is to be, established;
“category” of school shall be construed in accordance with regulation 4;
“committee” means a school organisation committee;
“group” of members shall be construed in accordance with regulation 3;
“middle school” shall not include a middle school (within the meaning of section 5(3) of the Education Act 1996) which provides education suitable to the requirements of pupils immediately before they cease to be of compulsory school age or immediately after they begin to be of compulsory school age;
“relevant school” in relation to an authority means any school which–
falls within any of the categories referred to in regulation 4, and
except in regulations 6(4)(d) and 11(6) and paragraph 4 of the Schedule, is maintained by the authority;
“schools group” means the group of members of the committee appointed under sub-paragraph (e) of regulation 5(1);
“secretary” means the secretary of a committee appointed under regulation 9;
“working day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday within the meaning of the Banking and Financial Dealings Act 1971 .
2
For the purposes of these Regulations a primary school or a secondary school shall not include a middle school within the meaning of paragraph (1) above, despite any regulations under section 5(4) of the Education Act 1996.
3
Until 1st September 1999–
a
references in these Regulations to foundation or foundation special schools shall be read as references to grant-maintained or grant-maintained special schools;
b
references in these Regulations to schools maintained by the authority shall include grant-maintained and grant-maintained special schools which the authority are required to maintain by virtue of regulation 2 of the School Standards and Framework Act 1998 (Modification) Regulations 1998 .
Groups of members of committee
3
For the purposes of these Regulations the members of the committee appointed under each of the sub-paragraphs of regulation 5(1) shall each constitute a group of members.
Categories of schools
4
1
For the purposes of these Regulations schools shall be divided into the following categories–
a
community schools and community special schools;
b
foundation schools and foundation special schools;
c
voluntary schools, other than Church of England or Roman Catholic Church schools, of a particular religious character (so that schools with the same religious character will each form one category); and
d
voluntary schools without a religious character.
2
Any reference in these Regulations in relation to an authority to schools of any category is a reference to schools of a category as specified in paragraph (1) maintained by the authority.
3
For the purposes of paragraph (1)–
a
the reference to a Church of England or Roman Catholic Church school shall not include such a school if the trustees have no connection or association with any diocese of the Church of England or Roman Catholic Church; and
b
if an order under section 69(4) of the Act is in force designating a school, the question of the religious character of that school shall be determined by reference to religion or religious denomination stated in relation to that school in the order.
Constitution of committee
5
1
Each school organisation committee shall consist of the following members appointed by the authority–
a
at least one and not more than 7 members who are members of the authority;
b
at least one and not more than 7 members nominated in accordance with paragraph (2);
c
at least one and not more than 7 members nominated in accordance with paragraph (4);
d
at least one and not more than 7 members nominated by the Further Education Funding Council for England;
e
the number of members referred to in paragraph (6), each of whom is a member of the governing body of a relevant school, other than a governor who is appointed to the school’s governing body by the authority and is also a member of the authority (members appointed under this sub-paragraph constituting the “schools group”); and
f
if the authority so determine, up to 7 other members who are not members of the authority, from persons appearing to them to represent the interests of any section of the local community determined by the authority.
2
Members falling within paragraph (1)(b) shall be nominated by the Diocesan Board of Education for the diocese of the Church of England which comprises the area of the authority and where the area of the authority is comprised in more than one such diocese–
a
the members shall be nominated by the Diocesan Board for one diocese with the agreement of the Diocesan Boards for the other dioceses; or
b
if the Diocesan Boards are unable to agree, at least one and not more than the relevant number of members shall be nominated by the Diocesan Board for each such diocese.
3
In paragraph (2) above “the relevant number” is 7 divided by the number of dioceses of the Church of England in which the area of the local education authority is comprised, rounded down to the nearest whole number.
4
Members falling within paragraph (1)(c) shall be nominated by the bishop of the Roman Catholic Church diocese which comprises the area of the local education authority and where the area of the authority is comprised in more than one such diocese, paragraphs (2)(a) and (b) and (3) above shall apply with the substitution of references to the bishop of the Roman Catholic Church diocese for references to the Diocesan Board of Education for the diocese of the Church of England.
5
The number of members of the committee falling within paragraph (1)(a), and, where applicable, paragraph (1)(f) shall (subject to those sub-paragraphs) be determined by the authority.
6
The number of members of the schools group shall be–
a
where paragraph (8) does not apply, at least one and not more than 7; and
b
where paragraph (8) applies, the number determined in accordance with paragraph (8).
7
Where paragraph (8) does not apply the number of members of the schools group shall (subject to paragraph (6)) be determined by the authority but in appointing members of that group–
a
the authority shall secure that the composition of the group satisfies the requirements of the Schedule; and
b
subject to sub-paragraph (a) they shall have regard to the desirability of the proportion of members of the schools group who are members of the governing body of schools of a particular category corresponding approximately to the proportion of the total number of pupils at relevant schools who are pupils at schools of that category.
8
This paragraph applies where the minimum number of members of the schools group necessary to comply with the Schedule is 7 or more, and where this paragraph applies the number of members of the schools group shall be the minimum number necessary to comply with the Schedule.
Tenure of members
6
1
Subject to the provisions of this regulation and regulation 7(2) persons appointed to be members of the committee shall hold and vacate office in accordance with their terms of appointment and shall, on ceasing to be members of the committee, be eligible for re-appointment.
2
No person shall be appointed as a member for a period exceeding three years.
3
A member may resign his membership at any time by giving written notice to the authority.
4
A member shall vacate his office–
a
if his membership is terminated under regulation 7(2);
b
where the person was appointed under regulation 5(1)(a), if he ceases to be a member of the authority in question;
c
if, in the case of a member falling within sub-paragraphs (b), (c) and (d) of regulation 5(1), the body who nominated the member are of the opinion that the member should no longer be a member of the committee and notify the secretary accordingly; or
d
where the person is a member of the schools group, if–
i
where paragraph 4(1) of the Schedule applies, he ceases to be a member of the governing body of a relevant school maintained by the authority, or
ii
where paragraph 4(2) of the Schedule applies, he ceases to be a member of the governing body of a relevant school.
Review of membership of schools group
7
1
In February 2000 and in the February of each subsequent year, the authority shall review the membership of the schools group.
2
In the light of each such review the authority shall exercise their powers to appoint members of the committee and may terminate the membership of any member of the schools group by giving one month’s written notice–
a
insofar as is necessary in order to secure that the composition of the schools group complies with the Schedule; and
b
insofar as the authority consider appropriate having regard to the matter specified in regulation 5(7)(b).
Election of chairman and vice-chairman
8
1
At–
a
their first meeting; and
b
each meeting referred to in paragraph (2),
the committee shall elect a chairman and vice chairman.
2
The chairman and vice-chairman shall hold office until the next meeting which falls after the date which is a year after the meeting at which the chairman or vice-chairman was elected, and on ceasing to hold office shall be eligible for re-election.
3
In the event of a casual vacancy occurring in the office of chairman or vice-chairman the committee shall at their next meeting elect one of their member to fill that vacancy and a member so elected shall hold office until the date of the meeting at which the chairman or vice chairman would have held office had the casual vacancy not occurred.
4
A chairman or vice-chairman shall cease to hold office–
a
if he resign his office by written notice given to the secretary; or
b
if he ceases to be a member of the committee.
Secretary to the committee
9
The committee shall appoint a person who is not a member of the committee, nominated by the authority, to act as secretary to the committee.
Convening of and notice of meetings
10
1
A meeting of the committee shall be convened by the secretary but he shall comply with any direction in the matter–
a
given by the committee at a previous meeting; or
b
given by the chairman or, in his absence, the vice-chairman so far as such direction is not inconsistent with a direction given as mentioned in sub-paragraph (a).
2
Every member of the committee shall be given, at least seven working days before the date of the meeting–
a
written notice thereof, signed by the secretary; and
b
a copy of the agenda for the meeting.
3
For the purpose of this regulation, written notice of a meeting and a copy of the agenda for the meeting may be given to a person by leaving it at, or sending it by post to, his usual place of residence.
Alternate members
11
1
Subject to paragraphs (4) to (6) any member of the committee may nominate an alternate member to attend meetings of the committee in his absence.
2
A nomination under paragraph (1) shall be given by giving written notice to the secretary, and shall remain effective until it is withdrawn.
3
Where a member has nominated an alternate member the alternate member may attend meetings and vote in place of the member.
4
A member appointed under regulation 5(1)(a) may only nominate an alternate member who is himself a member of the authority.
5
A member appointed under regulation 5(1)(b), (c) or (d) may not nominate an alternate member unless the body by which the member was himself nominated consents to the proposed nomination.
6
A member of the schools group may only nominate an alternate member who is himself a governor of a relevant school which–
a
is of the same type as the school of which the member in question is a governor;
b
is of the same category as the school of which the member in question is a governor; and
c
where paragraph 4(1) applies, is maintained by the authority.
7
In paragraph (6) the reference to a type of school is a reference to one of the types of schools described in paragraph 2 of the Schedule.
Voting by committee and groups on committee
12
1
Except in cases where regulations made under paragraph 5(2) of Schedule 4 to the Act provide that a decision which is taken by a committee should be unanimous of those voting, any question to be decided at a meeting of the committee shall be determined by a majority of the votes of members present and voting on the question, and in the case of an equality of votes the chairman shall have a second or casting vote.
2
Where–
a
regulations made under paragraph 5(2) of Schedule 4 to the Act provide that each group of members should collectively have a single vote; and
b
members of a group vote on any question on how the group collectively should cast its single vote,
then, unless the group determines otherwise, the question shall be determined by the majority of members of the group attending and voting and in the event of any equality of votes the group shall abstain.
Special provisions for the City of London
13
In relation to the committee established by the Common Council of the City of London regulation 5(1) shall have effect with the following sub-paragraph substituted for sub-paragraph (d)–
d
if the authority so determine, at least one and not more than 7 members nominated by the Further Education Funding Council for England;
.
Estelle Morris
Minister of State,
Department for Education and Employment
6th March 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the District of South Derbyshire (Electoral Changes) Order 1999.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 1st May 2003, on 10th October 2002;
b
for all other purposes, on 1st May 2003.
3
In this Order —
“district” means the district of South Derbyshire;
“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 South Derbyshire (Electoral Changes) Order 1999”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 ; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Wards of South Derbyshire
2
1
The existing wards of the district shall be abolished.
2
The district shall be divided into seventeen wards which shall bear the names set out in column (1) of the Schedule.
3
The wards shall comprise the areas described in column (2) of the Schedule by reference to parishes or, where no area is so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of the Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, waterway or similar geographical feature, it shall be treated as running along the centre line of the feature.
Wards of the parish of Elvaston
3
1
The parish of Elvaston shall be divided into two parish wards which shall bear the names Elvaston Boulton Moor and Elvaston Rural; and the wards shall comprise the areas designated on sheet 4 by reference to the names of the wards and demarcated by orange lines.
2
The number of councillors to be elected for the Elvaston Boulton Moor parish ward shall be three and for the Elvaston Rural parish ward shall be six.
Wards of the parish of Hatton
4
1
The parish of Hatton shall be divided into seven parish wards which shall bear the names Central, Heathway, Hoon, North, School, South and Yew Tree; and the wards shall comprise the areas designated on sheet 5 by reference to the names of the wards and demarcated by orange lines.
2
The number of councillors to be elected for each of the Central and School parish wards shall be two and for each of the Heathway, Hoon, North, South and Yew Tree parish wards shall be one.
Numbers of parish councillors
5
The number of parish councillors to be elected for the parish of Stenson Fields shall be eleven.
Revocation
6
The District of South Derbyshire (Electoral Arrangements) Order 1976 is hereby revoked.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions.
Beverley Hughes
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
27th September 1999


text:
Citation and commencement
1
This Order may be cited as The Keith and Dufftown Light Railway Order 1999 and shall come into force on 21st July 1999.
Interpretation
2
In this Order, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them:–
“ the Act ” means the Light Railways Act 1896;
“ the Association ” means the Keith & Dufftown Railway Association (Company Registration Number 157099), incorporated under the Companies Act 1985 and having its registered office at Dufftown Station, Dufftown, Banffshire;
“ the Board ” means the British Railways Board;
“ the Company ” means the Keith & Dufftown Railway Company Limited (Company Registration Number 150013), incorporated under the Companies Act 1985 and having its registered office at Dufftown Station, Dufftown, Banffshire;
“the deposited plan” means the plan deposited in respect of the application for this Order with the Secretary of State for the Environment, Transport and the Regions and at the registered office of the Company, and marked as the plan;
“the enabling Acts ” means the Keith and Dufftown Railway (Deviation) Act 1860 and so far as applicable the Keith and Dufftown Railway Act 1857 and the Strathspey Railway Act 1861 ;
“the railway” means that part of the railways of the Board described in and authorised by the enabling Acts which is described in Schedule 1 hereto including all lands and works relating thereto;
“the transfer date” means the day on which the railway or any part thereof is vested in the Association by virtue of an agreement made under article 3(1) of this Order.
Transfer of the railway to the Association
3
1
The Board and the Association may enter into and carry into effect agreements providing for the transfer to and the vesting in the Association of the railway or any part thereof on such terms and conditions as may be agreed between the Board and the Association.
2
Except as may be otherwise provided in this Order, as from the transfer date the Association shall to the exclusion of the Board be entitled to the benefit of and to exercise all rights, powers and privileges and be subject to all obligations of the Board whether statutory or otherwise relating to the railway or such part as is transferred as aforesaid (in so far as the same are still subsisting and capable of taking effect) to the intent that the Board shall be released from all such obligations.
3
As from the transfer date the Association may work the railway or such part thereof as a light railway under the Act.
Application of enactments
4
1
Subject to the provisions of this Order, such of the enactments set out in the Second Schedule to the Act as are still in force except section 5 (Penalty for avoiding payment of fare) of the Regulation of Railways Act 1889 shall cease to apply to the railway.
2
Sections 116, 117 and 118 of the Transport Act 1968 shall apply to the railway as if references therein to the Board were references to the Association.
Leasing or sale of the railway to the Company
5
1
On or after the transfer date, the Association may transfer to and vest in the Company, whether by lease or sale, the railway or any interest therein or part thereof to the extent that the same shall have been transferred to and vested in the Association in accordance with Article 3 of this Order, together with any rights, interests, powers, privileges and obligations so vested, on such terms and conditions as may be agreed between the Association and the Company.
2
During the continuance of any such lease or after the completion of any such sale the Company shall to the exclusion of the Association be entitled to the benefit of and to exercise all the rights, powers and privileges and be subject to all the obligations of the Association whether statutory or otherwise for the time being in force in respect of the railway or such a part thereof as are comprised in the lease or sale.
Gauge and motive power
6
1
The railway shall be operated on a gauge of 1.435 metres (four feet eight and one half inches) and the motive power shall be diesel, steam or internal combustion or such other motive power as the Secretary of State may approve in writing.
2
Nothing in this Order shall authorise the Association to use electrical power as motive power on the railway unless such power is obtained from storage batteries or from a source of generation entirely contained in and carried along with the engines and carriages.
3
If electrical power is used as motive power on the railway such electrical power shall not be used in such a manner as to cause or be likely to cause any interference with any telecommunications apparatus as defined in Schedule 2 to the Telecommunications Act 1984 or with telecommunication by means of any such apparatus.
As to footpath and accommodation level crossings
7
The Company shall provide, maintain and operate at or near the crossings referred to in Schedule 2 such barriers or other protective equipment as the Health and Safety Executive may require in writing.
Restriction and condition as to working of the railway
8
No part of the railway shall be used for the conveyance of passengers without the prior written permission of the Health and Safety Executive.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
A S D Whybrow
Head of Charging and Local Transport Division,
Department of the Environment, Transport and the Regions
20th July 1999


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Health and Safety (Fees) Regulations 1999 and shall come into force on 1st April 1999.
2
In these Regulations, unless the context otherwise requires —
“approval” includes the amendment of an approval, and “amendment of an approval” includes the issue of a new approval replacing the original incorporating an amendment;
“employment medical adviser” means an employment medical adviser appointed under section 56(1) of the 1974 Act;
“the Executive” means the Health and Safety Executive;
“the mines and quarries provisions” means such of the relevant statutory provisions as relate exclusively to–
mines and quarries within the meaning of section 180 of the Mines and Quarries Act 1954 ;
tips within the meaning of section 2(1) of the Mines and Quarries (Tips) Act 1969 ;
and includes regulations, rules and orders relating to a particular mine (whether they are continued in force by regulation 7(3) of the Mines and Quarries Acts 1954 to 1971 (Repeals and Modifications) Regulations 1974 or are health and safety regulations);
“original approval” and “original authority” do not include an amendment of an approval or an amendment of an authority;
“renewal of approval” or “renewal of licence” means respectively the granting of an approval or licence to follow a previous approval or licence without any amendment or gap in time; and
“respiratory protective equipment” includes any respirator and any breathing apparatus.
3
Unless the context otherwise requires, any reference in these Regulations to–
a
a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered;
b
a numbered paragraph is a reference to the paragraph so numbered in the regulation in which the reference appears.
Fees payable under the mines and quarries provisions
2
1
A fee shall be payable by the applicant to the Executive on each application for an original approval, an amendment of approval or a renewal of approval under any of the mines and quarries provisions.
2
The fee payable under paragraph (1) on application for such approval as is mentioned in column 1 of Part I of Schedule 1 shall be respectively that specified in the corresponding entry in column 2, 3 or 4 of that Part and shall be payable on making the application for approval, or, where any such entry specifies a fee as the reasonable cost to the Executive of having the work carried out, the fee so costed shall be payable prior to the notification of the result of the application.
3
Where the Executive requires testing to be carried out to decide whether approval can be granted, a fee shall be payable to the Executive by the applicant prior to the notification of the result of the application for the approval as described below–
a
in the case of explosives and detonators, for each test specified in column 1 of Part II of Schedule 1, the fee shall be that specified in the corresponding entry in column 2 of that Part;
b
in any other case, the fee shall be as set out in Part III of Schedule 1 (that is to say the reasonable cost to the Executive of having the testing carried out).
Fees for applications for approval of respiratory protective equipment
3
1
A fee shall be payable by the applicant to the Executive on each application for approval of respiratory protective equipment–
a
under the Factories Act 1961 , or any regulations made or having effect as if made under that Act;
b
under the Control of Lead at Work Regulations 1998 ;
c
under the Ionising Radiations Regulations 1985 ;
d
under the Control of Asbestos at Work Regulations 1987 ; and
e
under the Control of Substances Hazardous to Health Regulations 1994 .
2
The fee payable on application for approval of respiratory protective equipment shall be that specified in column 2 of Schedule 2 (that is to say the reasonable cost to the Executive of having the work, including any testing, carried out).
Fees payable under the Agriculture (Tractor Cabs) Regulations 1974
4
1
A fee shall be payable by the applicant to the Executive on each application for approval of plant and equipment under the Agriculture (Tractor Cabs) Regulations 1974 .
2
The fee payable on application for such an approval or revision of an approval as is described in column 1 of Schedule 3 shall be that specified in the corresponding entry in column 2 of that Schedule.
Fee payable under the Freight Containers (Safety Convention) Regulations 1984
5
1
A fee shall be payable by the applicant to the Executive on each application for approval of a scheme or programme for examination of freight containers under the Freight Containers (Safety Convention) Regulations 1984 .
2
The fee payable on application for the approval described in column 1 of Schedule 4 shall be that specified in column 2 of that Schedule.
Fee for application for a licence under the Asbestos (Licensing) Regulations 1983
6
1
A fee shall be payable by the applicant to the Executive on each application for a licence under the Asbestos (Licensing) Regulations 1983 .
2
The fee payable on application for a licence described in column 1 of Schedule 5 shall be that specified in column 2 of that Schedule.
Fees for examination or surveillance by an employment medical adviser
7
1
A fee shall be payable to the Executive by an employer in respect of a medical examination or medical surveillance of each of his employees by an employment medical adviser for the purposes of any provision specified in column 1 of Schedule 6.
2
The fee payable under paragraph (1) shall be a basic fee for each examination or on each occasion when surveillance is carried out together with additional fees for X-rays and laboratory tests where these are taken or carried out in connection with the examination; and for each provision specified in column 1 of Schedule 6–
a
the basic fee shall be the amount specified in column 3 of that Schedule for that provision;
b
the additional fee for X-rays shall be the amount specified in column 4 of that Schedule for that provision and shall cover all X-rays taken in connection with any one examination;
c
the additional fee for laboratory tests shall be the amount specified in column 5 of that Schedule for that provision and shall cover all such tests carried out in connection with any one examination.
3
Where an employment medical adviser carries out a medical examination of a self-employed person for the purposes of the Control of Asbestos at Work Regulations 1987, that self-employed person shall pay to the Executive fees ascertained in accordance with paragraph (2).
Fees for medical surveillance by an employment medical adviser under the Control of Lead at Work Regulations 1998
8
1
A fee shall be payable to the Executive by an employer in respect of medical surveillance of any of his employees by an employment medical adviser for the purposes of the Control of Lead at Work Regulations 1998 .
2
The fee payable for each item described in column 1 of Schedule 7 shall be that specified in the corresponding entry in column 2 of that Schedule.
Fees for applications for approval or reassessment of approval of dosimetry services and for type approval of radiation generators or apparatus containing radioactive substances under the Ionising Radiations Regulations 1985
9
1
A fee shall be payable by the applicant to the Executive on each application for an approval of dosimetry services or for the reassessment of an approval of dosimetry services previously granted for the purposes of the Ionising Radiations Regulations 1985 .
2
A fee shall be payable by the applicant to the Executive on each application for the type approval of a radiation generator or an apparatus containing a radioactive substance.
3
The fee payable for approval or reassessment or type approval in respect of each matter described in column 1 of Schedule 8 shall be that specified in the corresponding entry in column 2 of that Schedule.
4
A fee shall be payable by the applicant to the Executive where the Executive requires any work to be carried out by its nuclear or other specialist inspectors in connection with any application in respect of which a fee is payable by virtue of paragraph (1) or (2) and the fee for work in connection with each such matter described in column 1 of Schedule 8 shall be that specified in the corresponding entry in column 3 of that Schedule for each hour or part of an hour worked.
5
Where the Executive requires an inspection to be carried out in connection with any application mentioned in this regulation, a fee shall be payable by the applicant to the Executive of an amount equal to the reasonable cost of travelling and subsistence of any member of the Executive’s staff in connection with the inspection.
6
Any fee payable under paragraph (4) or (5) shall be payable prior to notification of the result of the application.
Fees payable under the Explosives Act 1875 and instruments made thereunder, under the Petroleum (Consolidation) Act 1928, the Petroleum (Transfer of Licences) Act 1936 and the Classification and Labelling of Explosives Regulations 1983
10
1
Where any application in relation to a provision specified in column 1 of Part I of Schedule 9 is made for a purpose specified in column 2 of that Part, the fee specified in the corresponding entry in column 3 of that Part shall be payable by the applicant to the Executive.
2
The fee or maximum fee payable under each provision specified in column 1 of Part II of Schedule 9 for the purpose described in the corresponding entry in column 2 shall be that specified in the corresponding entry in column 3 of that Part.
3
A fee shall be payable to the Executive where the Executive requires any work to be carried out by its specialist inspectors in connection with any application in respect of which a fee is payable by virtue of paragraph (1) for any purpose specified in column 2 of Part I of Schedule 9 for which there is a corresponding entry in column 4 of that Part, and the fee for work in connection with each such purpose shall be that specified in the corresponding entry in column 4 of that Part for each hour or part of an hour worked and such fee shall be payable prior to notification of the result of the application.
4
A fee shall be payable by the applicant to the Executive on each application being made for each purpose specified in column 1 of each of Parts III, IV , and V of Schedule 9, and the fee for each such purpose shall be that specified in the corresponding entry in column 2 in the respective Part.
5
A fee shall be payable to the Executive where the Executive requires any work to be carried out by its specialist inspectors in connection with any application in respect of which a fee is payable by virtue of paragraph (4) for any purpose specified in column 1 of each of Parts III, IV and V of Schedule 9 for which there is a corresponding entry in column 3 of the respective Part, and the fee for work in connection with each such purpose shall be that specified in the corresponding entry in column 3 of that Part for each hour or part of an hour worked and such fee shall be payable prior to notification of the result of the application.
6
A fee shall be payable to the Executive where the Executive requires any testing to be carried out in connection with any purpose specified in column 1 of Part VI of Schedule 9, and the fee for testing in connection with each such purpose shall be the reasonable cost to the Executive of having the work carried out and such fee shall be payable prior to notification of the result of the application.
7
Where the Executive requires an inspection of premises to be carried out in connection with an application for–
a
a factory or magazine licence, or any amendment to such a licence, or
b
the original approval of premises in which acetylene is to be manufactured or kept, or any amendment to such an approval, or
c
the original approval of premises in which acetylene is compressed, or any amendment to such an approval,
a fee shall be payable by the applicant to the Executive of an amount equal to the reasonable cost of travelling an subsistence of any member of the Executive’s staff in connection with the inspection.
Date from which fees are payable under the Petroleum (Consolidation) Act 1928 and the Petroleum (Transfer of Licences) Act 1936
11
Notwithstanding the provisions of section 4 of the Petroleum (Consolidation) Act 1928 or section 1(4) of the Petroleum (Transfer of Licences) Act 1936 the fees in respect of applications for petroleum licences prescribed by these Regulations shall be payable for any licence first having effect or any transfer or renewal of a licence first taking effect on or after the coming into force of these Regulations irrespective of the date of the application for that licence, transfer or renewal.
Fees for applications for explosives licences under Part IX of the Dangerous Substances in Harbour Areas Regulations 1987
12
1
A fee shall be payable by the applicant to the Executive on each application for an explosives licence or for any alteration in the terms of an existing licence under Part IX of the Dangerous Substances in Harbour Areas Regulations 1987 .
2
The fee on an application for each purpose specified in column 1 of Schedule 10 shall be that specified in column 2 of that Schedule and where the fee is determined as an amount per hour, the fee so calculated shall be payable prior to notification of the result of the application.
Vocational training certificates under the Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996
13
1
A driver may only be issued with a vocational training certificate in accordance with paragraph (1) of regulation 4 of the Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996 where a fee of the sum specified in Schedule 11 has been paid to the Secretary of State.
2
The validity of a vocational training certificate may only be extended in accordance with paragraph (6) of regulation 4 of the Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996 where, within the period of 12 months which precede the expiry of the original certificate or any extension of it granted in accordance with that paragraph, a fee of the sum specified in Schedule 11 has been paid to the Secretary of State.
3
Nothing in this regulation shall be construed as making a fee payable by a person in any of the capacities specified in section 43(4) of the 1974 Act.
Fees for applications for approvals under the Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996
14
1
A fee shall be payable by the applicant to the Secretary of State on each application for an original approval or a renewal of any approval of–
a
training under regulations 4(3)(a); or
b
a refresher course under regulation 4(6)(a),
of the Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996 .
2
The fee payable under paragraph (1) on application for such approval as is mentioned in column 1 of Schedule 12 shall be respectively that specified in the corresponding entry in column 2 or 3 of that Schedule.
Vocational training certificates under the Transport of Dangerous Goods (Safety Advisers) Regulations 1999
15
1
An individual may only be issued with a vocational training certificate in accordance with paragraph (1) of regulation 7 of the Transport of Dangerous Goods (Safety Advisers) Regulations 1999 where a fee of the sum specified in Schedule 13 has been paid to the Secretary of State or the person designated by the Secretary of State for the purpose of issuing vocational training certificates.
2
The validity of a vocational training certificate may only be extended in accordance with paragraph (5) of regulation 7 of the Transport of Dangerous Goods (Safety Advisers) Regulations 1999 where, within the period of 12 months which precede the expiry of the original certificate or any extension of it granted in accordance with that paragraph, a fee of the sum specified in Schedule 13 has been paid to the Secretary of State or the person designated by the Secretary of State for the purpose of issuing vocational training certificates.
3
Nothing in this regulation shall be construed as making a fee payable by a person in any of the capacities specified in section 43(4) of the 1974 Act.
Estimate of cost of work
16
Where any fee is to be assessed on the reasonable cost to the Executive of carrying out any work or testing under regulation 2(2), 2(3)(b), 3(2) or 10(6), the Executive shall on receipt of the application first prepare and send to the applicant an estimate of that cost and shall, before carrying out the work, obtain confirmation from the applicant that he wishes the work to be carried out.
Fees for notifications under the Genetically Modified Organisms (Contained Use) Regulations 1992
17
1
A fee shall be payable by a notifier to the Executive on each notification of the intention to use premises for activities involving genetic modification for the first time and of individual activities involving genetic modification under the Genetically Modified Organisms (Contained Use) Regulations 1992 .
2
The fee payable for each notification described in column 1 of Schedule 14 shall be that specified in the corresponding entry in column 2 of that Schedule.
Fees for notifications under the Notification of New Substances Regulations 1993
18
1
The fee fixed by column 2 of Schedule 15 shall be payable by a notifier to the Executive on each such notification or application under the Notification of New Substances Regulations 1993 as is referred to in the corresponding entry in column 1 of that Schedule.
2
The Executive shall repay to the notifier the amount of any rebate due to the notifier in the circumstances described in Schedule 15.
Revocation
19
The Health and Safety (Fees) Regulations 1997 are hereby revoked.
Signed by authority of the Secretary of State
Parliamentary Under-Secretary of State,
Department of Environment, Transport and the Regions
1999