text:
Citation, commencement, extent and application
1
1
These Regulations may be cited as the New School (Admissions) (England) Regulations 1999 and shall come into force on 18th October 1999.
2
These Regulations apply in relation to new schools in England which, in the school year in which they will first admit pupils, are to be community, foundation or voluntary schools.
3
Regulations 4, 5 and 6 shall not apply in relation to a new school where the admission authority for such a school, established in connection with proposals involving the discontinuance of another school maintained by a local education authority, determine that the initial admission arrangements shall be the same as those of that school.
Interpretation
2
In these Regulations, unless the context otherwise requires —
“the 1996 Act ” means the Education Act 1996 ;
“the 1998 Act ” means the School Standards and Framework Act 1998;
“ S.I. 1999/124 ” means the Education (Relevant Areas for Consultation on Admission Arrangements) Regulations 1999 ;
“S.I. 1999/125 ” means the Education (Objections to Admissions Arrangements) Regulations 1999 ;
“S.I. 1999/362 ” means the Education (Transition to New Framework) (New Schools, Groups and Miscellaneous) Regulations 1999 ;
“S.I. 1999/704 ” means the Education (Transition to New Framework) (School Organisation Proposals) Regulations 1999 ;
“admission authority”, in relation to a new school, means the person or body responsible under regulation 3 for making the school’s initial admission arrangements;
“initial year”, in relation to a new school, means the school year in which pupils are (or, it is intended, should be) admitted to the school;
“initial admission arrangements”, in relation to a new school, means the arrangements for the admission of children to the school (including the school’s admission policy) for the initial year and the following school year;
“main entrance” means the principal entrance to the school premises in question, or (if the school has more than one site) the principal entrance to the main administrative building of the school;
“maintained school” means a community, foundation or voluntary school;
“new school” means a new school within the meaning of section 72(3) of the 1998 Act or a school or proposed school with a temporary governing body as defined by these Regulations;
“school opening date”, in relation to a new school, means the date when the school first admits pupils;
“temporary governing body” means —
a temporary governing body constituted under section 44 of the 1998 Act,
a transitional governing body treated as so constituted by virtue of regulation 13(5) of S.I. 1999/362 , or
a temporary governing body treated as so constituted by virtue of regulation 13 of S.I. 1999/704 .
Responsibility for initial admission arrangements
3
1
The initial admission arrangements for a new school which is to be a community or voluntary controlled school shall be made by —
a
the local education authority, or
b
the temporary governing body where, with the agreement of that body, the local education authority have delegated to them responsibility for determining those arrangements.
2
The initial admission arrangements for a new school which is to be a foundation or voluntary aided school shall be made by —
a
the temporary governing body, or
b
the promoters where —
i
that body have not yet been constituted, and
ii
the promoters consider it expedient for the admission arrangements to be determined without delay.
Procedure for determining admission arrangements
4
1
The admission authority for a new school shall determine the initial admission arrangements not less than 6 months before the school opening date.
2
Before determining the initial admission arrangements the admission authority shall consult the following about the proposed arrangements, namely —
a
in the case of a local education authority, every local education authority any part of whose area adjoins the area of the consulting authority;
b
in the case of a temporary governing body or promoters, every local education authority any part of whose area lies within, or adjoins, the relevant area; and
c
in all cases, the admission authorities for all other maintained schools in the relevant area.
3
In paragraph (2) “the relevant area” is —
a
in the case of a school which will first admit pupils before the school year commencing in 2001, the area described by a circle —
i
of which the centre is the proposed main entrance to the new school; and
ii
which has a radius of 4.83 kilometres (3 miles);
b
in the case of a school which will first admit pupils in the school year commencing in 2001 or in any later school year, the relevant area or relevant areas determined by the local education authority in accordance with S.I. 1999/124 .
4
A school is only to be regarded as within the relevant area prescribed by paragraph (3)(a) if its main entrance lies within that area.
5
In relation to the proposed initial admission arrangements for a primary school, paragraph (2) shall only require the admission authority to consult the admission authorities for other schools in the relevant area which are primary schools.
6
Where the local education authority are the admission authority for a community or voluntary controlled school, for which a temporary governing body have been constituted (or are treated as having been constituted), they shall when preparing proposed initial admission arrangements for consultation under paragraph (2), consult that temporary governing body about the initial admission arrangements which the authority may propose for the school.
7
Once the admission authority have carried out any consultation under paragraph (2), the authority shall —
a
determine that their proposed arrangements (either in their original form or with such modifications as the authority think fit) shall be the initial admission arrangements; and
b
notify the bodies whom they consulted under paragraph (2) of those arrangements.
Reference of objections to the adjudicator
5
1
Where —
a
initial admission arrangements have been determined by an admission authority under regulation 4(7), but
b
a body consulted by the admission authority under regulation 4(2) wish to make an objection about those arrangements, and
c
the objection does not fall within any description of objections prescribed by regulation 2(2) of S.I. 1999/125 ,
that body may refer the objection to the adjudicator.
2
Subject to paragraph (3) an objection may not be referred under paragraph (1) unless it is received by the adjudicator within 6 weeks after the receipt by the objecting admission authority of the notification required by virtue of regulation 4(7)(b).
3
An objection which is received after the end of the period specified in paragraph (2) shall nevertheless be regarded as properly referred if the adjudicator is satisfied that it was not reasonably practicable for the objection to have been received earlier than the time when it was received.
4
On a reference under paragraph (1) the adjudicator shall either —
a
decide whether, and (if so) to what extent, the objection should be upheld, or
b
where the objection is about any criterion for admission to a school relating to a person’s religion, religious denomination or religious practice, refer it to the Secretary of State for that question to be decided by him,
save that nothing in this paragraph shall require the adjudicator or the Secretary of State (as the case may be) to take such steps before the proposals required to be published under section 28(1) and (2) of the 1998 Act have been approved in accordance with the provisions of Schedule 6 to that Act.
5
Where the objection is referred to the Secretary of State under paragraph (4)(b), the adjudicator shall, if the Secretary of State so requests, give his advice on the question referred to in that provision.
6
Where the adjudicator or the Secretary of State decides that an objection should be upheld to any extent, his decision on the objection may specify the modifications that are to be made to the admission arrangements in question.
7
The decision of the adjudicator or the Secretary of State (as the case may be) and the reasons for them shall be published by notifying them in writing to the admission authority, the body making the objection and to all other bodies whom the admission authority was required to consult about the initial admission arrangements under regulation 4(2).
8
The decision of the adjudicator or the Secretary of State (as the case may be) shall, in relation to the initial admission arrangements in question, be binding on the admission authority and on all persons by whom an objection about those arrangements may be made under paragraph (1); and if that decision is to uphold the objection to any extent, those arrangements shall forthwith be revised by the admission authority in such a way as to give effect to the decision.
Special arrangements for religious character of new schools
6
1
This regulation makes provision for the inclusion in the initial admission arrangements for a school which will be a foundation or voluntary aided school which has a religious character of arrangements in respect of the admission of pupils to the school for preserving the religious character of the school (“special arrangements”).
2
Where any special arrangements desired by the admission authority for such a school are agreed to by the local education authority —
a
the admission authority may incorporate them in the proposed initial admission arrangements which are subject to consultation under regulation 4(2); and
b
if the admission authority do so, regulation 5(1) shall apply to any objection about the special arrangements which —
i
is made by the admission authorities which are consulted under regulation 4(2)(b) or (c), and
ii
falls within regulation 5(1),
as it applies to any other objection falling within regulation 5(1).
3
Where any special arrangements desired by the admission authority for a new such school are not agreed to by the local education authority —
a
the admission authority may incorporate a draft of any such arrangements in the proposed initial admission arrangements which are subject to consultation under regulation 4(2); but
b
if the admission authority do so —
i
they shall refer the draft arrangements to the adjudicator, and
ii
they shall not determine to adopt those arrangements in the initial admission arrangements for the school unless (and to the extent that) the adjudicator or the Secretary of State decide under this regulation that they may do so, and
iii
any of the bodies consulted under regulation 4(2) may make an objection to the adjudicator about the draft arrangements.
4
On such a reference the adjudicator shall either —
a
decide whether (having regard to any objections received by him under paragraph (3)) the draft arrangements may be adopted by the admission authority, whether with or without modification, or
b
where any objections so received are about any criterion for admission to a school relating to a person’s religion, religious denomination or religious practice, refer the draft arrangements to the Secretary of State for that question to be decided by him,
save that nothing in this paragraph shall require the adjudicator or the Secretary of State (as the case may be) to take such steps before the proposals required to be published under section 28(1) and (2) of the 1998 Act have been approved in accordance with the provisions of Schedule 6 to that Act.
5
Where the draft arrangements are referred to the Secretary of State under paragraph 4(b), the adjudicator shall, if the Secretary of State so requests, give his advice on the question referred to in that provision.
6
In the case of any draft arrangements referred to him under paragraph (3), the adjudicator or the Secretary of State (as the case may be) shall publish his decision on the reference and the reasons for it by notifying in writing the admission authority, the body making the objection and all other bodies whom the admission authority was required to consult about the initial admission arrangements under regulation 4(2).
7
The decisions of the adjudicator or the Secretary of State (as the case may be) on any such reference shall, in relation to the draft arrangements in question, be binding on the admission authority and on all persons whom they consulted under regulation 4(2).
8
Where an admission authority have, in accordance with the preceding provisions of this regulation (and, so far as applicable, regulations 4 and 5), determined that the initial admission arrangements for their school should include any special arrangements, those provisions shall apply on any subsequent occasion —
a
when the admission authority desire to modify those special arrangements; or
b
where the local education authority agreed to any such arrangements, when the authority withdraw their agreement to those arrangements or any part of them, whether with a view to seeking any modification of them or otherwise.
Variation of initial admission arrangements
7
1
This regulation applies where —
a
the admission authority —
i
have determined the initial admission arrangements, in accordance with regulation 4(7), but
ii
at any time during the initial year or the following school year consider that the arrangements should be varied in view of a major change of circumstances occurring since they were so determined; or
b
the admission authority for a new school established in connection with proposals involving the discontinuance of another school maintained by a local education authority —
i
have determined that the initial admission arrangements shall be the same as those of that school, but
ii
at any time during the initial year or the following school year consider that the arrangements should be varied in view of a major change of circumstances occurring since they were so determined.
2
Where this regulation applies —
a
the admission authority shall refer the proposed variations to the adjudicator, and shall in every case where there has been consultation under regulation 4(2) notify the bodies whom they consulted of the proposed variations; and
b
where the local education authority are the admission authority for a community or voluntary controlled school, they shall in addition consult the temporary governing body or (as the case may be) the governing body before making any reference under sub-paragraph (a).
3
The adjudicator shall consider whether the arrangements should have effect with those variations until the end of the initial year or (as the case may be) the following school year; and if he determines that the arrangements should so have effect or that they should so have effect subject to such modification of those variations as he may determine —
a
the arrangements shall have effect accordingly as from the date of his determination; and
b
in every case where there has been consultation under regulation 4(2) the admission authority shall notify the bodies whom they consulted of the variations subject to which the arrangements are to have effect;
save that nothing in this paragraph shall require the adjudicator to make such determination before the proposals required to be published under section 28(1) and (2) of the 1998 Act have been approved in accordance with the provisions of Schedule 6 to that Act.
Application of enactments
8
The provisions of the Education Acts specified in the Schedule to these Regulations shall apply to new schools, subject to the modifications prescribed in that Schedule.
Estelle Morris,
Minister of State,
Department for Education and Employment
21st September 1999


type: legislation

jurisdiction: UK

text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Parent Governor Representatives) Regulations 1999 and shall come into force on 1st September 1999.
2
These Regulations shall apply in relation to local education authorities in England.
Interpretation
2
In these Regulations —
“the 1998 Act ” means the School Standards and Framework Act 1998;
“the date of the election”, in relation to an election in which votes may be cast on more than one date, means the last date on which votes may be cast or postal votes received;
“parent governor” means —
a person who is elected as a member of the school’s governing body by parents of registered pupils at the school and is himself such a parent at the time when he is elected;
a person who is appointed as a parent governor by the governing body in accordance with regulations under the 1998 Act; or
a person who continues as a parent governor for the purposes of the reconstitution of the governing body on transition to the new schools framework by virtue of regulations under Part II of the 1998 Act ;
“parent governor representative” means a person elected in accordance with regulations 3 to 7;
“relevant committee” means a committee appointed by a local authority, or by two or more local authorities, in accordance with section 102 of the Local Government Act 1972 wholly or partly for the purpose of discharging any functions which are conferred on the local authority or authorities in its or their capacity as a local education authority or authorities, but it does not include any committee the decisions of which are subject to scrutiny by another committee which is itself a relevant committee.
Requirement for certain committees to include parent governor representatives
3
1
A local education authority shall appoint at least two but not more than five parent governor representatives to each relevant committee of the authority.
2
A local education authority shall ensure that the first parent governor representatives on each relevant committee are appointed by 1st June 2000.
Election procedures
4
1
A local education authority shall be responsible for making all necessary arrangements for, and for determining all other matters relating to, the holding of an election of a parent governor representative to a relevant committee, but nothing in this regulation shall prevent an authority from appointing another body to conduct or oversee that election.
2
Without prejudice to the generality of paragraph (1), where a vacancy for a parent governor representative is required to be filled by election the local education authority shall announce that vacancy and at the time of that announcement shall —
a
appoint a returning officer who shall ensure that so far as is possible the election is conducted fairly;
b
take such steps as are reasonably practicable to secure that every person who is known to them to be eligible to vote in the election of a parent governor representative is —
i
informed of the vacancy and that it is required to be filled by election;
ii
informed that he is entitled to vote at the election;
iii
informed of the details of the electoral timetable and procedures;
iv
informed of the qualifications which a person requires in order to be elected as a parent governor representative, and of the term of office of a parent governor representative; and
v
provided with a description of the role of a parent governor representative.
3
Any election of a parent governor representative which is contested shall be held by secret ballot.
4
No ballot paper in such an election shall contain any indication of an affiliation with a political party.
5
Where a vacancy for a parent governor representative arises, the local education authority shall —
a
determine, for the purposes of the election, any question as to a person’s entitlement to vote or eligibility to stand for election;
b
provide for every person who is eligible to vote in the election to have an opportunity to do so by post; and
c
secure that the results of the election are announced not more than one week after the date of the election, and not more than three months after the announcement of the vacancy.
6
Where a vacancy remains unfilled because no, or not enough, candidates seek election, the local education authority shall comply with the requirements of this regulation again within one year of the original vacancy having arisen.
7
Nothing in these Regulations shall require a ballot to be held if the number of vacancies to be filled is equal to or exceeds the number of candidates for election.
Eligibility to vote in elections
5
1
Subject to paragraph (2), a person shall be eligible to vote in the election of a parent governor representative to a relevant committee of a local education authority if he is on the date of the election a parent governor at a school maintained by the authority.
2
A person shall be eligible to vote in the election of a parent governor representative to a relevant committee of a local education authority named in the Schedule to these Regulations if on the date of the election —
a
he is the parent of a registered pupil who is educated at a school maintained by the authority, or who is educated by the authority otherwise than at school; or
b
he is resident in the area of the authority and is the parent of a registered pupil who is educated at a school maintained by another local education authority, or who is educated by another local education authority otherwise than at school.
Qualifications for election as a parent governor representative
6
1
Subject to paragraphs (2) to (4), a person shall, unless disqualified under any enactment, be qualified to be elected as a parent governor representative on a relevant committee of a local education authority if on the date of the election —
a
he is a parent governor at a school maintained by the local education authority; and
b
he is the parent of a registered pupil who is educated at a school maintained by the authority, or who is educated by the authority otherwise than at school.
2
A person shall, unless disqualified under any enactment, be qualified to be elected as a parent governor representative on a relevant committee of a local education authority named in the Schedule to those Regulations if on the date of the election —
a
he is the parent of a registered pupil who is educated at a school maintained by the authority or who is educated by the authority otherwise than at school; or
b
he is resident in the area of the authority and is the parent of a registered pupil who is educated at a school maintained by another local education authority, or who is educated by another local education authority otherwise than at school.
3
A person who is already a member of the local education authority shall be disqualified from being elected as a parent governor representative.
4
A person who is a teacher at, or is otherwise employed in, a school maintained by the local education authority shall be disqualified from being elected as a parent governor representative.
Disqualification from holding office as a parent governor representative
7
1
A parent governor representative who qualified for election under regulation 6(1) shall cease to be qualified to hold that office if he resigns or is disqualified from the office of parent governor or if he ceases to be a parent governor for any reason other than that he has completed his term of office, and his office of parent governor representative shall be vacated on the same date as the office of parent governor.
2
A parent governor representative shall cease to be qualified to hold that office if he is elected as a member of the local education authority.
3
A parent governor representative shall cease to be qualified to hold that office if he takes up employment, whether as a teacher or otherwise, in a school maintained by that local education authority.
4
A person shall not hold the office of parent governor representative on committees of more than one local education authority at any one time.
Term of office
8
The term of office of a parent governor representative on a relevant committee of a local education authority —
a
shall begin on such date as the authority shall determine, being a date not more than one month after the announcement of the result of the election in which he has been elected; and
b
shall (subject to regulation 9(2), be of such duration as the authority shall determine, being a period not less than two years nor greater than four years.
Vacation of office
9
1
Where a parent governor representative completes his term of office or that office becomes vacant for any other reason, the local education authority shall ensure that an election is held to fill the vacancy and that the date of the election falls in time for the vacancy to be filled not later than six months after the date on which the vacancy occurred.
2
Where a parent governor representative does not complete his term of office, the local education authority may decide whether his successor shall be appointed for a full term of office determined in accordance with regulation 8(b), for the unexpired portion of the previous term of office, or for the aggregate of the unexpired portion of that term and a further such full term, provided that such an aggregate period does not exceed four years.
Voting rights of parent governor representatives
10
1
Subject to paragraph (2), a parent governor representative shall be entitled to vote on any of the following matters —
a
matters which relate to schools maintained by the local education authority;
b
matters which relate to pupils who are educated in schools maintained by the local education authority, or who are educated by the local education authority otherwise than at school.
2
A parent governor representative shall not be entitled to vote on the determination of the local education authority’s total revenue expenditure on education or the determination of its total capital expenditure on education.
Estelle Morris
Minister of State
Department for Education and Employment
4th July 1999


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


text:
1
This Order may be cited as the Youth Justice and Criminal Evidence Act 1999 (Commencement No. 1) Order 1999.
2
Section 67(2) of, and Schedule 5 to, the Youth Justice and Criminal Evidence Act 1999 (pre-consolidation amendments) shall come into force on 1st January 2000.
3
The following provisions of the Youth Justice and Criminal Evidence Act 1999 shall come into force on 1st April 2000:
a
section 67(3); and
b
the entries relating to that Act in Schedule 6 (repeals).
Jack Straw
One of Her Majesty’s Principal Secretaries of State
Home Office
15th December 1999


text:
1
This Order may be cited as the Consular Fees (No. 2) Order 1999 and shall come into force on 16th December 1999.
2
In this Order–
a
“consular officer” means any person authorised by the Secretary of State to exercise consular functions, or functions in the United Kingdom which correspond with consular functions (including persons who are not, as well as persons who are, consular officers);
b
“consular employee” means any person in the administrative or technical service of the consular post or diplomatic mission;
c
“consular premises” means the building or parts of buildings used for the purposes of the consular post or diplomatic mission;
d
“entry clearance” means a visa, entry certificate, entry permit or other document which, in accordance with the applicable immigration laws or rules, is to be taken as evidence of a person’s eligibility for entry into the United Kingdom, a dependency of the United Kingdom, or any other country or territory, as the case may be (but does not include a work permit);
e
“replacement passport” means a passport issued in substitution for a valid passport in order to incorporate an addition or amendment thereto.
3
The fees set forth in the table in the Schedule to this Order are prescribed to be levied by consular officers and by marriage officers under the Foreign Marriage Act 1892 and the Marriage with Foreigners Act 1906 in the execution of their duties, and the said table shall be construed as part of this Order.
4
The Consular Fees Order 1999 is hereby revoked.
A.K. Galloway
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Access to Justice Act 1999 (Transitional Provisions and Savings) Order 1999 and shall come into force forthwith.
2
In this Order “registrar” means registrar of civil appeals and “deputy registrar” shall be construed accordingly.
Transitional provisions and savings
2
Notwithstanding the coming into force of section 70 of the Access to Justice Act 1999 (abolition of office of registrar of civil appeals), any person who, immediately before the coming into force of that section, was the registrar or a deputy registrar shall, after the coming into force of that section, continue to be entitled to exercise any jurisdiction of the Court of Appeal that he was entitled to exercise by virtue of holding that office.
3
Article 2 shall have effect until RSC Order 59 as set out in Schedule 1 to the Civil Procedure Rules 1998 is revoked or amended so as to remove references to the registrar.
IRVINE OF LAIRG, C.
27th September 1999


text:
Citation and commencement
1
These Regulations may be cited as the Asbestos (Prohibitions) (Amendment) Regulations 1999 and shall come into force on 24th November 1999.
Amendments to the Asbestos (Prohibitions) Regulations 1992
2
1
The Asbestos (Prohibitions) Regulations 1992 shall be amended in accordance with the following paragraphs of this regulation.
2
At the end of regulation 2(1), there shall be added the following definition–
“supply” means supply by way of sale, lease, hire, hire-purchase, loan, gift or exchange for a consideration other than money, whether (in all cases) as principal or as agent for another.
.
3
For regulation 3, there shall be substituted the following regulation–
Prohibition of the importation of asbestos
3
1
The importation into the United Kingdom of crude, fibre, flake, powder or waste amphibole asbestos and of any product containing amphibole asbestos is prohibited and any contravention of this paragraph shall be punishable under the Customs and Excise Management Act 1979 and not as a contravention of a health and safety regulation.
2
Subject to the provisions of the Schedule to these Regulations, the importation into the United Kingdom of crude, fibre, flake, powder or waste chrysotile and of any product containing chrysotile is prohibited and any contravention of this paragraph shall be punishable under the Customs and Excise Management Act 1979 and not as a contravention of a health and safety regulation.
.
4
In regulation 4, after the word “supply”, there shall be inserted the words “, other than solely for the purpose of disposal,”.
5
In regulation 5(2), for the words “containing amphibole asbestos”, there shall be substituted the words “to which amphibole asbestos has intentionally been added”.
6
For regulation 7, there shall be substituted the following regulation–
7
1
Subject to the provisions of the Schedule to these Regulations, no person shall supply or use–
a
chrysotile; or
b
any product to which chrysotile has intentionally been added,
unless it was in use before 24th November 1999.
2
Notwithstanding paragraph (1) above, no person shall use–
a
asbestos cement;
b
any board, panel or tile, all or part of which has been painted with paint containing chrysotile; or
c
any board, panel or tile, all or part of which has been covered in a textured finishing plaster used for decorative purposes and containing chrysotile,
unless it is installed in or forms part of any premises or plant and, before 24th November 1999, it was installed in or formed part of those same premises or that same plant.
3
Notwithstanding paragraph (1) above, no person shall supply or use any product to which chrysotile has been intentionally added, the supply or use of which was prohibited by these Regulations as in force immediately before 24th November 1999.
4
Paragraphs (1) to (3) above shall not apply to any activity in connection with the disposal of crude, fibre, flake, powder or waste chrysotile or of any product to which chrysotile has intentionally been added.
5
In this regulation, “asbestos cement” means a material which is predominantly a mixture of cement and chrysotile and which when in a dry state has a density greater than 1 tonne per cubic metre.
.
7
At the end of regulation 8, there shall be added the following paragraphs–
3
The Secretary of State for Defence may, in the interests of national security, by a certificate in writing exempt–
a
Her Majesty’s Forces or visiting forces from all or any of the requirements or prohibitions imposed by these Regulations;
b
any other person connected with the production of or trade in arms, munitions or war materials from all or any of the requirements or prohibitions imposed by regulations 3(2), 7(1), 7(2) and 7(3);
and any such exemption may be granted subject to conditions and to a limit of time.
4
An exemption granted in accordance with paragraph (3) of this regulation may be varied or revoked at any time by a certificate in writing.
5
In this regulation, any reference to “visiting forces” is a reference to visiting forces within the meaning of any provision of Part I of the Visiting Forces Act 1952 .
.
8
For the Schedule, there shall be substituted the Schedule set out in the Schedule to these Regulations.
John Prescott
Secretary of State for the Environment, Transport and the Regions
24th August 1999


text:
Citation and commencement
1
These Regulations may be cited as the Energy Information (Dishwashers) Regulations 1999 and shall come into force on 8th July 1999.
Interpretation
2
In these Regulations, expressions used which are also used in the Directives have the same meaning as in the Directives and–
“dealer” means a retailer or other person who offers for sale, displays or sells a regulated dishwasher to end-users;
“the Directives” means Council Directive 92/75/ EEC on the indication by labelling and standard product information of the consumption of energy and other resources by household appliances and Commission Directive 97/17/ EC as amended by Commission Directive 99/9/EC ;
“enforcement action” means the instituting of proceedings (whether criminal or otherwise) for failing to observe or comply with these Regulations;
“enforcement authority” means–
in England and Wales and Scotland, a local weights and measures authority within the meaning of section 69 of the Weights and Measures Act 1985 (local weights and measures authorities) ; and
in Northern Ireland, the Department of Economic Development;
“the harmonised standards” means the standards referred to in article 1(2) of Commission Directive 97/17/EC (measurement of required information), which are technical specifications (European standards of harmonisation documents) adopted by the European Committee for Electrotechnical Standardisation (“Cenelec”) on the basis of–
a mandate from the Commission in accordance with Council Directive 83/189/EEC of 28th March 1983 laying down a procedure for the provision of information in the field of technical standards and regulations as last amended by Commission Directive 96/139/EC , and
the general guidelines for co-operation between the Commission, Cenelec and the European Committee for Standardisation signed on 13th November 1984;
“information notice” means–
subject to paragraph (b), a standard table of information relating to a regulated dishwasher and complying with regulation 5(2) (form, content and language of information notice);
in paragraph 6 of Schedule 5 (power of enforcement authority to require technical documentation), a standard table of information relating to the energy consumption and allied design and performance characteristics of a regulated dishwasher;
“label” means–
subject to paragraph (b), a label relating to a regulated dishwasher and complying with regulation 4(2) (form, content and language of label);
in regulation 11 (misleading information) and in paragraph 6 of Schedule 5 (power of enforcement authority to require technical documentation), a label relating to the energy consumption and allied design and performance characteristics of a regulated dishwasher;
“purchase” includes acquire on hire or on hire-purchase;
“regulated dishwasher” means any household dishwasher which is–
electric mains operated, and
unable to use other energy sources, even where marketed for non-household use;
“records” includes any books, documents, marks or symbols and any records in non-documentary form;
“sale” includes hire and hire-purchase;
“supplier” means the manufacturer of a regulated dishwasher or his authorised representative in the Community or the person who places the dishwasher on the Community market;
“third person” means any person other than one against whom enforcement action may be or has been taken under these Regulations.
Application
3
1
Subject to paragraph (2), these Regulations shall apply to regulated dishwashers.
2
These Regulations shall not apply–
a
to second-hand dishwashers,
b
to dishwashers of which production ceased before 7th March 1999, or
c
in respect of the rating plate or its equivalent affixed for safety purposes to a dishwasher.
Suppliers' duties in respect of labels
4
1
A supplier of a regulated dishwasher shall provide free of charge to a dealer a label which complies with paragraph (2).
2
The label shall be in the relevant language version and, where it is in English, shall comply with Schedules 1 (the label) and 4 (energy efficiency and washing performance class) and, in any other case, with Commission Directive 97/17/EC .
3
Where the dealer requests labels from the supplier, the supplier shall ensure that the requested labels are delivered promptly.
4
A supplier may choose his own system for delivery of labels.
Suppliers' duties in respect of information notices
5
1
A supplier of a regulated dishwasher shall provide an information notice in accordance with this regulation.
2
The information notice shall be in the relevant language version and, where it is in English, shall comply with Schedules 2 (the information notice) and 4 (energy efficiency and cleaning and drying performance class) and, in any other case, with Commission Directive 97/17/EC .
3
Where the supplier provides a product brochure, the brochure shall contain an information notice.
4
Where a product brochure is not provided by the supplier, the supplier shall provide an information notice with any other literature provided with the dishwasher.
Suppliers' deemed consent to publication of information
6
The supplier shall be deemed to consent to the publication of the information given on a label or in an information notice.
Suppliers' responsibility for accuracy of labels and information notices
7
Only the supplier shall be responsible for the accuracy of the information given on a label which he supplies to a dealer or in an information notice.
Suppliers' duties in respect of technical documentation
8
1
Before a regulated dishwasher is placed on the Community market the supplier shall have established technical documentation sufficient to enable the accuracy of the information contained in a label or information notice to be assessed.
2
The technical documentation referred to in paragraph (1) shall include–
a
the name and address of the supplier;
b
a general description of the regulated dishwasher, sufficient for it to be identified;
c
information (including drawings as relevant) on the main design features of the dishwasher and, in particular, items which appreciably affect its energy consumption;
d
the results of design calculations carried out, where these are relevant;
e
reports of relevant measurement tests carried out on the regulated dishwasher in accordance with the test procedures of the harmonised standards;
f
test reports, where available, including those carried out by relevant notified organisations as defined under other Community legislation;
g
where values are derived from those obtained for similar models, the same information for those models; and
h
operating instructions (if any).
3
For the purposes of paragraphs (1) and (2), the supplier may use documentation already required on the basis of relevant Community legislation.
4
The supplier shall make the technical documentation available for inspection by enforcement authorities for a period ending five years after the regulated dishwasher has ceased to be manufactured.
5
The supplier shall furnish promptly to an enforcement authority such of the technical documentation as the authority requires pursuant to paragraph 6 of Schedule 5 (power of enforcement authority to require technical information).
Dealers' duty in respect of displayed regulated dishwashers
9
A dealer who displays a regulated dishwasher to end-users shall attach a label to the outside front or top of the dishwasher so that the label remains clearly visible and not obscured whenever the dishwasher is displayed.
Information in respect of mail order and other distance sales
10
Where a person offers a regulated dishwasher for sale by means of a printed communication, such as a mail order catalogue (but not an advertisement or short printed list of dishwashers), in circumstances which imply that the potential purchaser cannot be expected to see the dishwasher displayed, that person shall ensure that the printed communication is in the relevant language version and–
a
if it is in English, includes the information specified in Schedule 3 (mail order and other distance selling) and describes the dishwasher in accordance with Schedule 4 (energy efficiency and washing performance class), and
b
in any other case, it complies with Commission Directive 97/17/EC .
Misleading information
11
1
A person shall not display a label, mark, symbol or inscription which relates to the energy consumption of a regulated dishwasher which does not comply with these Regulations, if such display is likely to mislead or confuse.
2
Paragraph (1) shall not apply to a label, mark, symbol or inscription displayed under a Community or national environmental labelling scheme.
Enforcement and offences
12
1
Subject to paragraph (3), it shall be the duty of every enforcement authority to enforce these Regulations within its area.
2
Nothing in these Regulations shall authorise a local weights and measures authority in Scotland to bring proceedings in Scotland for an offence.
3
Schedule 5 shall have effect with regard to offences, enforcement of these Regulations and other matters.
Transitional provisions
13
Nothing in these Regulations shall apply to:
a
the supply (whether to a dealer or another person) of a regulated dishwasher;
b
any printed communication within the meaning of regulation 10 (printed communications) distributed to potential purchasers; or
c
the display of any regulated dishwasher
before 31st July 1999.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Michael Meacher
Minister of State,
Department of the Environment, Transport and the Regions
11th June 1999


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the European Communities (Recognition of Professional Qualifications) (Second General System) (Amendment) Regulations 1999.
2
These Regulations shall come into force on 12th February 1999.
3
In these regulations, references to the “principal Regulations” are references to the European Communities (Recognition of Professional Qualifications) (Second General System) Regulations 1996 .
Amendment of principal Regulations
2
1
The principal Regulations are amended in accordance with paragraphs (2) to (7) below.
2
In Regulation 25,
a
after paragraph (2) there is inserted the following:
2A
A migrant who has a right of appeal under this regulation and, in respect of the same issue, a right of appeal under any law, regulation or administrative provision or, as the case may be, rules governing a profession or professional association may not exercise the two rights separately but may take advantage of whichever right of appeal is, in any respect, the more favourable to him.
;
b
in paragraph (4), after “sheriff courts,” there is inserted the following:
but subject always to paragraph (4B), below,
; and
c
after paragraph (4) there is inserted the following:
4B
In the case of a migrant exercising the composite right described in paragraph (2A) above, the rules of procedure governing the hearing and determination of the appeal shall apply subject to any modification necessary to give effect to the more favourable provision.
.
3
The list set out in Schedule 1 to these regulations is substituted for the list set out in Part III of Schedule 1 to the principal Regulations.
4
The lists set out in Parts I and II of Schedule 2 to these regulations are substituted for the lists set out in Parts I and II, respectively, of Schedule 2 to the principal Regulations.
5
The list set out in Schedule 3 to these regulations is substituted for the list set out in Schedule 3 to the principal Regulations.
6
In the list of training in Part II of Schedule 5 to the principal Regulations, which lists certain United Kingdom courses accredited as National Vocational Qualifications or Scottish Vocational Qualifications, after the entry for “engineer officer–freight/passenger ships–unlimited trading area” there shall be added, on a new line “–trade mark agent”.
7
The list set out in Schedule 4 to these regulations is substituted for the list set out in Schedule 7 to the principal Regulations.
Signed by order of the Secretary of State.
Tessa Blackstone
Minister of State,
Department for Education and Employment
13th January 1999


text:
Citation and commencement
1
These Regulations may be cited as the Control of Substances Hazardous to Health Regulations 1999 and shall come into force on 25th March 1999.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“the 1974 Act” means the Health and Safety at Work etc. Act 1974;
“ the Agreement ” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 and adopted as respects Great Britain by the European Economic Area Act 1993 ;
“approved” means approved for the time being in writing;
“approved supply list” has the meaning assigned to it in regulation 4 of the Chemicals (Hazard Information and Packaging for Supply) Regulations 1994 ;
“biological agent” means any micro-organism, cell culture, or human endoparasite, including any which have been genetically modified, which may cause any infection, allergy, toxicity or otherwise create a hazard to human health;
“carcinogen” means —
any substance or preparation which if classified in accordance with the classification provided for by regulation 5 of the Chemicals (Hazard Information and Packaging for Supply) Regulations 1994 would be in the category of danger, carcinogenic (category 1) or carcinogenic (category 2) whether or not the substance or preparation would be required to be classified under those Regulations; or
any substance or preparation —
listed in Schedule 1, or
arising from a process specified in Schedule 1 which is a substance hazardous to health;
“ the Executive ” means the Health and Safety Executive;
“fumigation” means an operation in which a substance is released into the atmosphere so as to form a gas to control or kill pests or other undesirable organisms and “fumigate” and “fumigant” shall be construed accordingly;
“maximum exposure limit” for a substance hazardous to health means the maximum exposure limit approved by the Health and Safety Commission for that substance in relation to the specified reference period when calculated by a method approved by the Health and Safety Commission;
“member State” means a State which is a Contracting Party to the Agreement;
“micro-organism” means a microbiological entity, cellular or non-cellular, which is capable of replication or of transferring genetic material;
“mine” has the meaning assigned to it by section 180 of the Mines and Quarries Act 1954 ;
“occupational exposure standard” for a substance hazardous to health means the standard approved by the Health and Safety Commission for that substance in relation to the specified reference period when calculated by a method approved by the Health and Safety Commission;
“preparation” means a mixture or solution of two or more substances;
“registered dentist” has the meaning assigned to it in section 53(1) of the Dentists Act 1984 ;
“respirable dust” means airborne material which is capable of penetrating to the gas exchange region of the lung;
“substance” means any natural or artificial substance whether in solid or liquid form or in the form of a gas or vapour (including micro-organisms);
“substance hazardous to health” means any substance (including any preparation) which is —
a substance which is listed in Part 1 of the approved supply list as dangerous for supply within the meaning of the Chemicals (Hazard Information and Packaging for Supply) Regulations 1994 and for which an indication of danger specified for the substance in Part V of that list is very toxic, toxic, harmful, corrosive or irritant;
a substance for which the Health and Safety Commission has approved a maximum exposure limit or an occupational exposure standard;
a biological agent;
dust of any kind, except dust which is a substance within paragraph (a) or (b) above, when present at a concentration in air equal to or greater than —
10 mg/m 3 , as a time-weighted average over an 8-hour period, of total inhalable dust, or
4 mg/m 3 , as a time-weighted average over an 8-hour period, of respirable dust;
a substance, not being a substance mentioned in sub-paragraphs (a) to (d) above, which creates a hazard to the health of any person which is comparable with the hazards created by substances mentioned in those sub-paragraphs;
“total inhalable dust” means airborne material which is capable of entering the nose and mouth during breathing and is thereby available for deposition in the respiratory tract.
2
In these Regulations, any reference to an employee being exposed to a substance hazardous to health is a reference to the exposure of that employee to a substance hazardous to health arising out of or in connection with work which is under the control of his employer.
3
In these Regulations, unless the context otherwise requires —
a
a reference to a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered; and
b
a reference to a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which that reference appears.
Duties under these Regulations
3
1
Where any duty is placed by these Regulations on an employer in respect of his employees, he shall, so far as is reasonably practicable, be under a like duty in respect of any other person, whether at work or not, who may be affected by the work carried on by the employer except that the duties of the employer —
a
under regulation 11 (health surveillance) shall not extend to persons who are not his employees; and
b
under regulations 10 and 12(1) and (2) (which relate respectively to monitoring and information, training etc.) shall not extend to persons who are not his employees, unless those persons are on the premises where the work is being carried on.
2
These Regulations shall apply to a self-employed person as they apply to an employer and an employee and as if that self-employed person were both an employer and employee, except that regulations 10 and 11 shall not apply to a self-employed person.
3
The duties imposed by these Regulations shall not extend to the master or crew of a sea-going ship or to the employer of such persons in relation to the normal shipboard activities of a ship’s crew under the direction of the master.
Prohibitions relating to certain substances
4
1
Those substances described in Column 1 of Schedule 2 are prohibited to the extent set out in the corresponding entry in Column 2 of that Schedule.
2
The importation into the United Kingdom, other than from another member State, of the following substances and articles is prohibited, namely —
a
2-naphthylamine, benzidine, 4-aminodiphenyl, 4-nitrodiphenyl, their salts and any substance containing any of those compounds in a total concentration equal to or greater than 0.1 per cent. by mass;
b
matches made with white phosphorus,
and any contravention of this paragraph shall be punishable under the Customs and Excise Management Act 1979 and not as a contravention of a health and safety regulation.
3
A person shall not supply during the course of or for use at work any substance or article specified in paragraph (2).
4
A person shall not supply during the course of or for use at work, benzene or any substance containing benzene unless its intended use is not prohibited by item 11 of Schedule 2.
Application of regulations 6 to 12
5
1
Regulations 6 to 12 shall have effect with a view to protecting persons against risks to their health, whether immediate or delayed, arising from exposure to substances hazardous to health except —
a
where and to the extent that the following Regulations apply, namely —
i
the Control of Lead at Work Regulations 1998 ,
ii
the Control of Asbestos at Work Regulations 1987 ;
b
where the substance is hazardous to health solely by virtue of its radioactive, explosive or flammable properties, or solely because it is at a high or low temperature or a high pressure;
c
where the risk to health is a risk to the health of a person to whom the substance is administered in the course of his medical treatment;
d
where the substance hazardous to health is total inhalable dust which is below ground in any mine of coal.
2
In paragraph (1)(c) “medical treatment” means medical or dental examination or treatment which is conducted by, or under the direction of, a registered medical practitioner or registered dentist and includes any such examination, treatment or administration of any substance conducted for the purpose of research.
3
Nothing in these Regulations shall prejudice any requirement imposed by or under any enactment relating to public health or the protection of the environment.
Assessment of health risks created by work involving substances hazardous to health
6
1
An employer shall not carry on any work which is liable to expose any employees to any substance hazardous to health unless he has made a suitable and sufficient assessment of the risks created by that work to the health of those employees and of the steps that need to be taken to meet the requirements of these Regulations.
2
The assessment required by paragraph (1) shall be reviewed regularly and forthwith if —
a
there is reason to suspect that the assessment is no longer valid; or
b
there has been a significant change in the work to which the assessment relates,
and, where as a result of the review, changes in the assessment are required, those changes shall be made.
Prevention or control of exposure to substances hazardous to health
7
1
Every employer shall ensure that the exposure of his employees to substances hazardous to health is either prevented or, where this is not reasonably practicable, adequately controlled.
2
So far as is reasonably practicable, the prevention or adequate control of exposure of employees to a substance hazardous to health, except to a carcinogen or a biological agent, shall be secured by measures other than the provision of personal protective equipment.
3
Without prejudice to the generality of paragraph (1), where the assessment made under regulation 6 shows that it is not reasonably practicable to prevent exposure to a carcinogen by using an alternative substance or process, the employer shall apply all the following measures, namely —
a
the total enclosure of the process and handling systems unless this is not reasonably practicable;
b
the use of plant, processes and systems of work which minimise the generation of, or suppress and contain, spills, leaks, dust, fumes and vapours of carcinogens;
c
the limitation of the quantities of a carcinogen at the place of work;
d
the keeping of the number of persons who might be exposed to a carcinogen to a minimum;
e
the prohibition of eating, drinking and smoking in areas that may be contaminated by carcinogens;
f
the provision of hygiene measures including adequate washing facilities and regular cleaning of walls and surfaces;
g
the designation of those areas and installations which may be contaminated by carcinogens, and the use of suitable and sufficient warning signs; and
h
the safe storage, handling and disposal of carcinogens and use of closed and clearly labelled containers.
4
Where the measures taken in accordance with paragraph (2) or (3), as the case may be, do not prevent, or provide adequate control of, exposure to substances hazardous to health to which those paragraphs apply, then, in addition to taking those measures, the employer shall provide those employees with such suitable personal protective equipment as will adequately control their exposure to those substances.
5
Any personal protective equipment provided by an employer in pursuance of this regulation shall comply with any provision in the Personal Protective Equipment ( EC Directive) Regulations 1992 which is applicable to that item of personal protective equipment.
6
Where there is exposure to a substance for which a maximum exposure limit has been approved, the control of exposure shall, so far as the inhalation of that substance is concerned, only be treated as being adequate if the level of exposure is reduced so far as is reasonably practicable and in any case below the maximum exposure limit.
7
Without prejudice to the generality of paragraph (1), where there is exposure to a substance for which an occupational exposure standard has been approved, the control of exposure shall, so far as the inhalation of that substance is concerned, be treated as being adequate if —
a
that occupational exposure standard is not exceeded; or
b
where that occupational exposure standard is exceeded, the employer identifies the reasons for the standard being exceeded and takes appropriate action to remedy the situation as soon as is reasonably practicable.
8
Where respiratory protective equipment is provided in pursuance of this regulation, then it shall —
a
be suitable for the purpose; and
b
comply with paragraph (5) or, where no requirement is imposed by virtue of that paragraph, be of a type approved or shall conform to a standard approved, in either case, by the Executive.
9
In the event of the failure of a control measure which might result in the escape of carcinogens into the workplace, the employer shall ensure that —
a
only those persons who are responsible for the carrying out of repairs and other necessary work are permitted in the affected area and they are provided with suitable respiratory protective equipment and protective clothing; and
b
employees and other persons who may be affected are informed of the failure forthwith.
10
Schedule 3 of these Regulations shall have effect in relation to biological agents.
11
In this regulation, “adequate” means adequate having regard only to the nature of the substance and the nature and degree of exposure to substances hazardous to health and “adequately” shall be construed accordingly.
Use of control measures etc.
8
1
Every employer who provides any control measure, personal protective equipment or other thing or facility pursuant to these Regulations shall take all reasonable steps to ensure that it is properly used or applied as the case may be.
2
Every employee shall make full and proper use of any control measure, personal protective equipment or other thing or facility provided pursuant to these Regulations and shall take all reasonable steps to ensure it is returned after use to any accommodation provided for it and, if he discovers any defect therein, shall report it forthwith to his employer.
Maintenance, examination and test of control measures etc.
9
1
Every employer who provides any control measure to meet the requirements of regulation 7 shall ensure that it is maintained in an efficient state, in efficient working order and in good repair and, in the case of personal protective equipment, in a clean condition.
2
Where engineering controls are provided to meet the requirements of regulation 7, the employer shall ensure that thorough examinations and tests of those engineering controls are carried out —
a
in the case of local exhaust ventilation plant, at least once every 14 months, or for local exhaust ventilation plant used in conjunction with a process specified in Column 1 of Schedule 4, at not more than the interval specified in the corresponding entry in Column 2 of that Schedule;
b
in any other case, at suitable intervals.
3
Where respiratory protective equipment (other than disposable respiratory protective equipment) is provided to meet the requirements of regulation 7, the employer shall ensure that at suitable intervals thorough examinations and, where appropriate, tests of that equipment are carried out.
4
Every employer shall keep a suitable record of the examinations and tests carried out in pursuance of paragraphs (2) and (3) and of any repairs carried out as a result of those examinations and tests, and that record or a suitable summary thereof shall be kept available for at least 5 years from the date on which it was made.
Monitoring exposure at the workplace
10
1
In any case in which —
a
it is requisite for ensuring the maintenance of adequate control of the exposure of employees to substances hazardous to health; or
b
it is otherwise requisite for protecting the health of employees,
the employer shall ensure that the exposure of employees to substances hazardous to health is monitored in accordance with a suitable procedure.
2
Where a substance or process is specified in Column 1 of Schedule 5, monitoring shall be carried out at least at the frequency specified in the corresponding entry in Column 2 of that Schedule.
3
The employer shall keep a suitable record of any monitoring carried out for the purpose of this regulation and that record or a suitable summary thereof shall be kept available —
a
where the record is representative of the personal exposures of identifiable employees, for at least 40 years;
b
in any other case, for at least 5 years.
Health surveillance
11
1
Where it is appropriate for the protection of the health of his employees who are, or are liable to be, exposed to a substance hazardous to health, the employer shall ensure that such employees are under suitable health surveillance.
2
Health surveillance shall be treated as being appropriate where —
a
the employee is exposed to one of the substances specified in Column 1 of Schedule 6 and is engaged in a process specified in Column 2 of that Schedule, unless that exposure is not significant; or
b
the exposure of the employee to a substance hazardous to health is such that an identifiable disease or adverse health effect may be related to the exposure, there is a reasonable likelihood that the disease or effect may occur under the particular conditions of his work and there are valid techniques for detecting indications of the disease or the effect.
3
The employer shall ensure that a health record, containing particulars approved by the Executive, in respect of each of his employees to whom paragraph (1) relates is made and maintained and that that record or a copy thereof is kept in a suitable form for at least 40 years from the date of the last entry made in it.
4
Where an employer who holds records in accordance with paragraph (3) ceases to trade, he shall forthwith notify the Executive thereof in writing and offer those records to the Executive.
5
If an employee is exposed to a substance specified in Schedule 6 and is engaged in a process specified therein, the health surveillance required under paragraph (1) shall include medical surveillance under the supervision of an employment medical adviser or appointed doctor at intervals of not more than 12 months or at such shorter intervals as the employment medical adviser or appointed doctor may require.
6
Where an employee is subject to medical surveillance in accordance with paragraph (5) and an employment medical adviser or appointed doctor has certified by an entry in the health record of that employee that in his professional opinion that employee should not be engaged in work which exposes him to that substance or that he should only be so engaged under conditions specified in the record, the employer shall not permit the employee to be engaged in such work except in accordance with the conditions, if any, specified in the health record, unless that entry has been cancelled by an employment medical adviser or appointed doctor.
7
Where an employee is subject to medical surveillance in accordance with paragraph (5) and an employment medical adviser or appointed doctor has certified by an entry in his health record that medical surveillance should be continued after his exposure to that substance has ceased, the employer shall ensure that the medical surveillance of that employee is continued in accordance with that entry while he is employed by the employer, unless that entry has been cancelled by an employment medical adviser or appointed doctor.
8
On reasonable notice being given, the employer shall allow any of his employees access to the health record which relates to him.
9
An employee to whom this regulation applies shall, when required by his employer and at the cost of the employer, present himself during his working hours for such health surveillance procedures as may be required for the purposes of paragraph (1) and, in the case of an employee who is subject to medical surveillance in accordance with paragraph (5), shall furnish the employment medical adviser or appointed doctor with such information concerning his health as the employment medical adviser or appointed doctor may reasonably require.
10
Where, for the purpose of carrying out his functions under these Regulations, an employment medical adviser or appointed doctor requires to inspect any workplace or any record kept for the purposes of these Regulations, the employer shall permit him to do so.
11
Where an employee or an employer is aggrieved by a decision recorded in the health record by an employment medical adviser or appointed doctor to suspend an employee from work which exposes him to a substance hazardous to health (or to impose conditions on such work), he may, by an application in writing to the Executive within 28 days of the date on which he was notified of the decision, apply for that decision to be reviewed in accordance with a procedure approved for the purposes of this paragraph by the Health and Safety Commission, and the result of that review shall be notified to the employee and employer and entered in the health record in accordance with the approved procedure.
12
In this regulation —
“appointed doctor” means a registered medical practitioner who is appointed for the time being in writing by the Executive for the purposes of this regulation;
“employment medical adviser” means an employment medical adviser appointed under section 56 of the 1974 Act;
“health surveillance” includes biological monitoring.
Information, instruction and training for persons who may be exposed to substances hazardous to health
12
1
An employer who undertakes work which may expose any of his employees to substances hazardous to health shall provide that employee with such information, instruction and training as is suitable and sufficient for him to know —
a
the risks to health created by such exposure; and
b
the precautions which should be taken.
2
Without prejudice to the generality of paragraph (1), the information provided under that paragraph shall include —
a
information on the results of any monitoring of exposure at the workplace in accordance with regulation 10 and, in particular, in the case of any substance hazardous to health for which a maximum exposure limit has been approved, the employee or his representatives shall be informed forthwith, if the results of such monitoring show that the maximum exposure limit has been exceeded; and
b
information on the collective results of any health surveillance undertaken in accordance with regulation 11 in a form calculated to prevent it from being identified as relating to any particular person.
3
Every employer shall ensure that any person (whether or not his employee) who carries out any work in connection with the employer’s duties under these Regulations has the necessary information, instruction and training.
Provisions relating to certain fumigations
13
1
This regulation shall apply to fumigations in which the fumigant used or intended to be used is hydrogen cyanide, phosphine or methyl bromide, except that paragraph (2) shall not apply to fumigations using the fumigant specified in Column 1 of Schedule 7 when the nature of the fumigation is that specified in the corresponding entry in Column 2 of that Schedule.
2
An employer shall not undertake any fumigation to which this regulation applies unless he has —
a
notified the persons specified in Part I of Schedule 8 of his intention to undertake the fumigation; and
b
provided to those persons the information specified in Part II of that Schedule,
at least 24 hours in advance, or such shorter time in advance, as the persons required to be notified may agree.
3
An employer who undertakes a fumigation to which this regulation applies shall ensure that, before the fumigant is released, suitable warning notices have been affixed at all points of reasonable access to the premises or to those parts of the premises in which the fumigation is to be carried out and that after the fumigation has been completed, and the premises are safe to enter, those warning notices are removed.
Exemption certificates
14
1
Subject to paragraph (2) the Executive may, by a certificate in writing, exempt any person or class of persons or any substance or class of substances from all or any of the requirements or prohibitions imposed by these Regulations and any such exemption may be granted subject to conditions and to a limit of time and may be revoked by a certificate in writing at any time.
2
The Executive shall not grant any such exemption unless having regard to the circumstances of the case and, in particular, to —
a
the conditions, if any, which it proposes to attach to the exemption; and
b
any other requirements imposed by or under any enactments which apply to the case,
it is satisfied that the health and safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it.
Extension outside Great Britain
15
1
Subject to paragraph (2), these Regulations shall apply to and in relation to any activity outside Great Britain to which sections 1 to 59 and 80 to 82 of the 1974 Act apply by virtue of article 4, 6 or 8 of the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 1995 as those provisions apply within Great Britain.
2
These Regulations shall not extend to Northern Ireland except insofar as they relate to imports of substances and articles referred to in regulation 4(2) into the United Kingdom.
Defence in proceedings for contravention of these Regulations
16
In any proceedings for an offence consisting of a contravention of these Regulations it shall be a defence for any person to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of that offence.
Exemptions relating to the Ministry of Defence etc.
17
1
In this regulation, any reference to —
a
“visiting forces” is a reference to visiting forces within the meaning of any provision of Part I of the Visiting Forces Act 1952 ; and
b
“headquarters or organisation” is a reference to a headquarters or organisation designated for the purposes of the International Headquarters and Defence Organisations Act 1964 .
2
The Secretary of State for Defence may, in the interests of national security, by a certificate in writing exempt —
a
Her Majesty’s Forces;
b
visiting forces;
c
any member of a visiting force working in or attached to any headquarters or organisation; or
d
any person engaged in work involving substances hazardous to health, if that person is under the direct supervision of a representative of the Secretary of State for Defence,
from all or any of the requirements or prohibitions imposed by these Regulations and any such exemption may be granted subject to conditions and to a limit of time and may be revoked at any time by a certificate in writing, except that, where any such exemption is granted, suitable arrangements shall be made for the assessment of the health risks created by the work involving substances hazardous to health and for adequately controlling the exposure to those substances of persons to whom the exemption relates.
3
Regulation 11(11) shall not apply in relation to —
a
visiting forces; or
b
any member of a visiting force working in or attached to any headquarters or organisation.
Revocations, amendments and savings
18
1
The following Regulations are revoked —
a
the Control of Substances Hazardous to Health Regulations 1994 ;
b
the Control of Substances Hazardous to Health (Amendment) Regulations 1996 ;
c
the Control of Substances Hazardous to Health (Amendment) Regulations 1997 ;
d
the Control of Substances Hazardous to Health (Amendment) Regulations 1998 .
2
In the definition of “biological agent” in regulation 2(1) of the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 , for the number “1994” substitute “1999”.
3
In the Health and Safety (Fees) Regulatons 1997 —
a
in regulation 3(1)(e), for the number “1994” substitute “1999”;
b
in column 1 of entry (c) in the Table in Schedule 6, for the number “1994” substitute “1999”; and
c
in column 2 of entry (c) in the Table in Schedule 6, for the reference “ S.I. 1994/3246 ” substitute “ S.I. 1999/437 ”.
4
Any record or register required to be kept under any regulations revoked by paragraph (1) shall, notwithstanding those revocations, be kept in the same manner and for the same period as specified in those regulations as if these Regulations had not been made, except that the Executive may approve the keeping of records at a place or in a form other than at the place where, or in the form in which, records were required to be kept under the regulations so revoked.
Extension of meaning of “work”
19
For the purposes of Part I of the 1974 Act the meaning of “work” shall be extended to include any activity involving the consignment, storage or use of any of the biological agents listed in Part V of Schedule 3 and the meaning of “at work” shall be extended accordingly, and in that connection the references to employer in paragraphs 12 and 13 of that Schedule include references to any person carrying on such an activity.
Modification of section 3(2) of the 1974 Act
20
Section 3(2) of the 1974 Act shall be modified in relation to an activity involving the consignment, storage or use of any of the biological agents referred to in regulation 19 so as to have effect as if the reference therein to a self-employed person is a reference to any person who is not an employer or an employee and the reference therein to his undertaking includes a reference to such an activity.
Signed by authority of the Secretary of State
Alan Meale
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
20th February 1999


text:
Citation and commencement
1
This Order may be cited as the Broadcasting (Restrictions on the Holding of Licences) (Amendment) Order 1999 and shall come into force on the day after the day on which it is made.
Amendment
2
Article 16 of the Broadcasting (Restrictions on the Holding of Licences) Order 1991 , shall be amended as follows:–
1
for sub-paragraph (a) of paragraph (1) there shall be substituted:–
a
in the case of the Commission, licences to provide a Channel 3 service and a Channel 5 licence; and
;
2
paragraphs (3), (4), and (5) shall be omitted.
Chris Smith
Secretary of State for Culture, Media and Sport
21st January 1999


text:
1
This Order may be cited as the National Crime Squad (Secretary of State’s Objectives) Order 1999 and shall come into force on 1st April 1999.
2
The National Crime Squad (Secretary of State’s Objectives) Order 1998 is hereby revoked.
3
The objectives for the National Crime Squad are–
a
to improve, in partnership, where appropriate, with other law enforcement agencies, the quality of operations leading to the arrest and prosecution of individuals, or the dismantling or disruption of criminal enterprises, engaged in serious and organised crime within or which impacts on the United Kingdom;
b
having regard to the Command Paper entitled “Tackling Drugs to Build a Better Britain – the Government’s Ten-Year Strategy for Tackling Drugs Misuse” , and in partnership, where appropriate, with other law enforcement agencies, to suppress the availability of controlled drugs in the United Kingdom–
i
by reducing the unlawful manufacture and distribution of controlled drugs within the United Kingdom,
ii
by reducing the quantity of such drugs entering the United Kingdom unlawfully, and
iii
by the arrest and prosecution of individuals, leading to the dismantling or disruption of criminal enterprises engaged in serious and organised crime connected with drug trafficking.
Jack Straw
One of Her Majesty’s Principal Secretary’s of State
Home Office
11th March 1999


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Lake District) Designation (Amendment) Order 1999 and shall come into force on 15th June 1999.
Interpretation
2
In this Order, “the principal Order ” means the Environmentally Sensitive Areas (Lake District) Designation Order 1993 .
Amendment of the principal Order
3
The principal Order shall be amended in accordance with the following provisions.
4
In Schedule 2 to the principal Order (management activities), in Part I–
a
in paragraph 5(a), for “40” there shall be substituted “38”;
b
in paragraph 5(c), for “62” there shall be substituted “50”; and
c
after paragraph 10 there shall be inserted–
i
in column 1–
11
Management of any kind referred to in items 1 to 9 above which is undertaken in relation to common land.
; and
ii
in column 2, “5 (by way of supplement to the appropriate maximum rate)”.
Saving
5
This Order shall not have effect for the purposes of any payment to be made under the principal Order in respect of any period before 1st May 1999.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
12th May 1999
We consent,
Jane Kennedy
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
13th May 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Health Development Agency (Establishment and Constitution) Order 1999 and shall come into force on 14th January 2000.
2
In this Order “ the Agency ” means the Health Development Agency established by this Order.
Establishment of the Health Development Agency
2
There is hereby established a Special Health Authority which shall be known as the Health Development Agency.
Functions of the Agency
3
Subject to and in accordance with such directions as the Secretary of State may give , the Agency shall perform–
a
such functions in connection with developing and ensuring high quality public health provision and health promotion, and
b
such other functions,
as the Secretary of State may direct.
Constitution of the Agency
4
The Agency shall consist of such numbers of members not exceeding 20 as the Secretary of State may from time to time determine, all of whom shall be appointed by the Secretary of State and one of whom shall be appointed Chairman.
Remuneration of members
5
The Agency is hereby specified for the purposes of paragraph 9(7)(b) of Schedule 5 to the National Health Service Act 1977 (definition of “relevant authority” for the purposes of paying remuneration to members of Health Authorities and certain Special Health Authorities).
Public Meeting
6
The Public Bodies (Admission to Meetings) Act 1960 shall apply to the Agency.
Signed by authority of the Secretary of State for Health
Yvette Cooper
Parliamentary Under Secretary of State for Public Health,
Department of Health
21st December 1999


text:
1
This Order may be cited as the Arnold and Carlton College, Nottingham (Dissolution) Order 1999, and shall come into force on 1st September 1999.
2
On 1st September 1999 the corporation shall be dissolved and all of its property, rights and liabilities shall be transferred to New College, Nottingham.
3
Section 26(2), (3) and (4) of the Act shall apply to any person employed by the corporation immediately before 1st September 1999 as if the references in that section –
a
to a person to whom that section applies were to a person so employed;
b
to the operative date were to 1st September 1999;
c
to the transferor were to the corporation; and
d
to the corporation were to New College, Nottingham.
Tessa Blackstone
Minister of State,
Department for Education and Employment
3rd August 1999