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PART I
PRELIMINARY
Citation and commencement
1
This Order may be cited as the River Thames (Hungerford Footbridges) Order 1999 and shall come into force on 23rd August 1999.
Interpretation
2
1
In this Order —
“the 1965 Act ” means the Compulsory Purchase Act 1965 ;
“the 1991 Act ” means the New Roads and Street Works Act 1991 ;
“authorised works” means the scheduled works and any other works authorised by this Order;
“the book of reference” means the book of reference certified by the Secretary of State as the book of reference for the purposes of this Order;
“building” includes any structure or erection or any part of a building, structure or erection;
“the deposited plans” means the Works Plan, the Land Plans and the Footpath Plan being the plans certified by the Secretary of State under those names as the deposited plans for the purposes of this Order;
“the deposited sections” means the sections certified by the Secretary of State as the deposited sections for the purposes of this Order;
“the existing Hungerford footbridge” means the existing footbridge over the River Thames immediately adjoining the Charing Cross Railway Bridge in the City of Westminster and the London Borough of Lambeth;
“highway” and “highway authority” have the same meaning as in the Highways Act 1980 ;
“the limits of deviation” means the limits of deviation for the scheduled works shown on the deposited plan entitled “Works Plan”;
“ LRT ” means London Regional Transport and includes any subsidiary of London Regional Transport (within the meaning of section 763 of the Companies Act 1985 );
“maintain” includes inspect, repair, adjust, remove, reconstruct, and replace and “maintenance” shall be construed accordingly;
“owner”, in relation to land, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of land (whether in possession or reversion) and includes a person holding or entitled to the rents and profits of the land under a lease or tenancy having an unexpired term exceeding 3 years;
“the Port Authority ” means the Port of London Authority;
“the scheduled works” means the works specified in Schedule 1 to this Order or any part of them;
“street authority”, in relation to a street, has the same meaning as in Part III of the 1991 Act;
“ the tribunal ” means the Lands Tribunal;
“ Trinity House ” means the Corporation of Trinity House of Deptford Strond;
“ the undertaker ” means the Lord Mayor and Citizens of the City of Westminster;
“the undertaking” means the undertaking of the undertaker in connection with this Order.
2
References in this Order to rights over land include references to rights to do, or to place and maintain, anything in or on land or in the air-space over its surface, and references to the subsoil of any land include references to any cellar, basement, vault, arch or other construction forming part of any such land.
3
All directions, distances, areas and dimensions stated in any description of works, powers or lands shall be construed as if the words “or thereabouts” were inserted after each such direction and length.
PART II
WORKS PROVISIONS
Principal powers
Power to construct works
3
1
Subject to paragraph (5) below, the undertaker may:
a
construct and maintain the scheduled works;
b
break out and remove such structures that are contained within the limits of deviation as may be necessary and convenient for the construction and maintenance of the scheduled works.
2
Subject to article 4 below, the scheduled works shall be constructed in the lines or situations shown on the deposited plans and in accordance with the levels shown on the deposited sections.
3
Subject to paragraph (4) below, the undertaker may carry out such other works (of whatever nature) as may be necessary convenient or expedient for the purposes of, in connection with or in consequence of, the construction of the scheduled works.
4
Paragraph (3) above shall only authorise the carrying out or maintenance of works outside the limits of deviation if the works are carried out on land specified in columns (1) and (2) of Schedule 2 to this Order for the purposes specified in relation to that land in column (3) of that Schedule.
5
The undertaker shall not carry out any work which prevents the use of the existing Hungerford footbridge by members of the public until
a
either Work No. 1 or Work No. 2 is open for public use; or
b
the undertaker has provided, within the limits of deviation, a temporary way on foot across the River Thames for members of the public.
Power to deviate
4
In constructing or maintaining the scheduled works, the undertaker may
a
deviate laterally from the lines or situations shown on the deposited plan entitled “Works Plan” within the limits of deviation; and
b
deviate vertically from the levels shown for those works on the deposited sections —
i
to any extent not exceeding 1 metre upwards, and
ii
to any such extent downwards as may be necessary or convenient but subject to the consent in writing of the Port Authority.
Streets
Power to execute street works
5
1
The undertaker may, for the purposes of the authorised works, enter upon so much of any of the streets specified in Schedule 3 to this Order as is within the limits of deviation and may —
a
break up or open the street, or any sewer, drain or tunnel under it, or tunnel or bore under the street;
b
place apparatus in the street;
c
maintain apparatus in the street or change its position or remove it from the street; and
d
execute any works required for or incidental to any works referred to in sub-paragraphs (a), (b) and (c) above.
2
This article is subject to paragraph 2(3) of Part I of Schedule 10 and paragraph 3 of Schedule 11 to this Order.
3
In this article “apparatus” has the same meaning as in Part III of the 1991 Act.
Stopping up of streets and extinguishment of rights
6
1
Subject to the provisions of this article, the undertaker may, in connection with the construction of the authorised works, stop up each of the streets specified in columns (1) and (2) of each Part of Schedule 4 to this Order to the extent specified in column (3) of that Part.
2
No street specified in columns (1) and (2) of Part I of Schedule 4 to this Order (being a street to be stopped up for which a substitute is to be provided) shall be wholly or partly stopped up under this article unless either —
a
the new street to be substituted for it, and which is specified in relation to it in column (4) of that Part of that Schedule, has been completed to the reasonable satisfaction of the street authority and is open for use; or
b
with the consent of the street authority, a temporary alternative route is provided between the commencement and termination points of the street to be stopped up until completion of the new street in accordance with sub-paragraph (a) above.
3
Where a street has been stopped up under this article the undertaker may, without making any payment, appropriate and use for the purposes of the authorised works so much of the site of the street as is bounded on both sides by land owned by the undertaker.
4
Any person who suffers loss by the extinguishment or suspension of any private right of way under this article shall be entitled to compensation to be determined, in case of dispute, under Part I of the Land Compensation Act 1961 .
5
This article is subject to paragraph 2 of Schedule 11 to this Order.
Temporary stopping up of streets
7
1
The undertaker, during and for the purposes of the execution of the authorised works, may temporarily stop up, alter or divert any street and may for any reasonable time —
a
divert the traffic from the street; and
b
subject to paragraph (2) below, prevent all persons from passing along the street.
2
The undertaker shall provide reasonable access for pedestrians going to or from premises abutting on a street affected by the exercise of the powers conferred by this article if there would otherwise be no such access.
3
Without prejudice to the generality of paragraph (1) above, the undertaker may exercise the powers of this article in relation to the streets specified in columns (1) and (2) of Schedule 5 to this Order to the extent specified in column (3) of that Schedule.
4
The undertaker shall not exercise the powers of this article —
a
in relation to any street specified as mentioned in paragraph (3) above without first consulting the street authority; and
b
in relation to any other street without the consent of the street authority, but such consent shall not be unreasonably withheld.
5
The provisions of the 1991 Act mentioned in paragraph (6) below and any regulations made, or code of practice issued or approved under, those provisions shall apply (with the necessary modifications) in relation to the stopping up, alteration or diversion of a street by the undertaker under the powers conferred by this article where no street works are executed in that street as they would apply if the stopping up, alteration or diversion were occasioned by street works executed in that street by the undertaker.
6
The provisions of the 1991 Act referred to in paragraph (5) above are —
section 54 (advance notice of certain works),
section 55 (notice of starting date of works),
section 59 (general duty of street authority to co-ordinate works),
section 60 (general duty of undertakers to co-operate),
section 69 (works likely to affect other apparatus in the street),
section 76 (liability for cost of temporary traffic regulation),
section 77 (liability for cost of use of alternative route), and
all such other provisions as apply for the purposes of the provisions mentioned above.
7
The undertaker shall not stop up any part of Queen’s Walk under this article unless a suitable alternative route is first provided and thereafter maintained by the undertaker to the reasonable satisfaction of the street authority.
Access to works
8
The undertaker may, for the purposes of the authorised works, form and lay out means of access or improve existing means of access in such locations within the limits of deviation shown on the deposited plans or listed in Schedule 6, within the boundaries of the street in question, as the undertaker reasonably requires for the purposes of the authorised works and as may be approved by the highway authority but such approval shall not be unreasonably withheld.
Construction and maintenance of new or altered streets
9
1
Any street to be constructed under this Order shall be completed to the reasonable satisfaction of the highway authority and shall, unless otherwise agreed, be maintained by and at the expense of the undertaker for a period of 12 months from its completion and at the expiry of that period by and at the expense of the highway authority.
2
Where a street is altered or diverted under this Order, the altered or diverted part of the street shall when completed to the reasonable satisfaction of the street authority, unless otherwise agreed, be maintained by and at the expense of the undertaker for a period of 12 months from its completion and at the expiry of that period by and at the expense of the street authority.
3
Nothing in this article shall prejudice the operation of section 87 of the 1991 Act (prospectively maintainable highways); and the undertaker shall not by reason of any duty under this article to maintain a street be taken to be the street authority in relation to that street for the purposes of Part III of that Act.
4
Nothing in this article shall have effect in relation to street works as respects which the provisions of Part III of the 1991 Act apply.
Dedication and maintenance of highways
10
1
Each footbridge deck and each set of stairs comprised in the scheduled works shall be dedicated by the undertaker as a highway as soon as reasonably possible after completion of construction of the deck and sets of stairs comprised in the scheduled work in question.
2
Any dedication under paragraph (1) above is subject to the rights of the Port Authority under the provisions of Part II of Schedule 10.
Agreements with street authorities
11
1
A street authority and the undertaker may enter into agreements with respect to —
a
the construction of any new street (including any structure carrying the street over or under a railway) under the powers conferred by this Order;
b
the maintenance of the structure of any bridge or tunnel carrying a street over or under a railway;
c
any stopping up, alteration or diversion of a street under the powers conferred by this Order; or
d
the execution in the street of any of the works referred to in article 5(1) above.
2
Such an agreement may, without prejudice to the generality of paragraph (1) above —
a
make provision for the street authority to carry out any function under this Order which relates to the street in question; and
b
contain such terms as to payments and otherwise as the parties consider appropriate.
Supplemental powers
Discharge of Water
12
1
The undertaker may use any watercourse or any public sewer or drain for the drainage of water in connection with the construction or maintenance of the authorised works and for that purpose may lay down, take up and alter pipes and may, on any land shown within the limit line shown marked “50 metres from new construction” on the deposited plan entitled “Works Plan”, make openings into, and connections with, the watercourse, public sewer or drain.
2
The undertaker shall not discharge any water into any watercourse, public sewer or drain except with the consent of the authority to which it belongs and in the case of the River Thames with the consent of the Port Authority; and such consent may be given subject to such terms and conditions as the authority may reasonably impose but shall not be unreasonably withheld.
3
The undertaker shall not make any opening into a public sewer or drain except in accordance with plans approved by, and under the superintendence (if provided) of, the authority to which the sewer or drain belongs, but such approval shall not be unreasonably withheld.
4
The undertaker shall take such steps as are reasonably practicable to secure that any water discharged into a watercourse or public sewer or drain under the powers conferred by this article is as free as may be practicable from gravel, soil or other solid substance or oil or matter in suspension.
5
This article does not authorise the entry into controlled waters of any matter whose entry or discharge into controlled waters is prohibited by section 85(1), (2) or (3) of the Water Resources Act 1991 .
6
In this article —
a
“public sewer or drain” means a sewer or drain which belongs to a sewerage undertaker, the Environment Agency or a local authority;
b
“watercourse” includes all rivers, streams, ditches, drains, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain; and
c
other expressions used both in this article and in the Water Resources Act 1991 have the same meaning as in that Act.
Safeguarding works to buildings
13
1
Subject to the following provisions of this article, the undertaker may at its own expense and from time to time carry out such safeguarding works to any building lying within the relevant distance of any authorised works (other than works under this article), as the undertaker considers to be necessary or expedient.
2
Safeguarding works may be carried out —
a
at any time before or during the construction in the vicinity of the building of any part of the authorised works; or
b
after the completion of the construction of that part of the authorised works, at any time up to the end of the period of 5 years beginning with the day on which that part of the authorised works is first opened for use.
3
For the purpose of determining how the functions under this article are to be exercised the undertaker may enter and survey any building falling within paragraph (1) above and any land belonging to it.
4
For the purpose of carrying out safeguarding works under this article to a building the undertaker may (subject to paragraphs (5) and (6) below) —
a
enter the building and any land belonging to it; and
b
where the works cannot be carried out reasonably conveniently without entering land adjacent to the building, enter the adjacent land (but not any building erected on it).
5
Before exercising a right —
a
under paragraph (1) above to carry out safeguarding works to a building,
b
under paragraph (3) above to enter a building,
c
under paragraph (4)(a) above to enter a building or land, or
d
under paragraph (4)(b) above to enter land,
the undertaker shall, except in the case of emergency, serve on the owners and occupiers of the building or land not less than 14 days' notice of its intention to exercise the right and, in a case falling within sub-paragraph (a) or (c) above, specifying the safeguarding works proposed to be carried out.
6
Where notice is served under paragraph (5)(a), (c) or (d) above, the owner or occupier of the building or land concerned may, by serving a counter-notice within the period of 10 days beginning with the day on which the notice was served, require the question whether it is necessary or expedient to carry out the safeguarding works or to enter the building or land to be referred to arbitration under article 36 below.
7
The undertaker shall compensate the owners and occupiers of any building or land in relation to which the powers of this article have been exercised for any loss or damage arising to them by reason of the exercise of those powers.
8
Where —
a
safeguarding works are carried out under this article to a building, and
b
within the period of 5 years beginning with the day on which the part of the authorised works constructed within the vicinity of the building is first opened for use it appears that the safeguarding works are inadequate to protect the building against damage caused by the construction or operation of that part of the works,
the undertaker shall compensate the owners and occupiers for any damage sustained by them.
9
Subject to article 35 of this Order, nothing in this article shall relieve the undertaker from any liability to pay compensation under section 10(2) of the 1965 Act.
10
Any compensation payable under paragraph (7) or (8) shall be determined, in case of dispute, under Part I of the Land Compensation Act 1961 .
11
In this article —
a
any reference to a building within a relevant distance of a work includes —
i
in the case of a work under the surface of the ground, a reference to any building within the relevant distance of the point on the surface below which the work is situated; and
ii
where a work has not commenced, a reference to any building within the relevant distance of the proposed site of the work;
b
“safeguarding works”, in relation to a building means —
i
underpinning, strengthening and any other works the purpose of which is to prevent damage which may be caused to the building by the construction, maintenance or operation of the authorised works; and
ii
any works the purpose of which is to remedy any damage which has been caused to the building by the construction, maintenance or operation of the authorised works; and
c
“relevant distance”, in relation to any work, means:
i
in the case of works under the surface of the ground, within the limit line shown marked “50 metres from new construction” on the deposited plan entitled “Works Plan”; and
ii
in any other case, within the limit line shown marked “35 metres from new construction” on the deposited plan entitled “Works Plan”.
Power to survey and investigate land
14
1
The undertaker may for the purposes of this Order —
a
survey or investigate any land shown within the limit line shown marked “50 metres from new construction” on the deposited plan entitled “Works Plan” which may be affected by the authorised works, but not any building on any such land;
b
without prejudice to the generality of sub-paragraph (a) above, make trial holes in such positions as the undertaker thinks fit on the land to investigate the nature of the surface layer and subsoil and remove soil samples;
c
place on, leave on and remove from the land included in sub-paragraph (a) above apparatus for use in connection with the exercise of any of the powers conferred by sub-paragraph (a) or (b) above; and
d
enter on the land included in sub-paragraph (a) above for the purpose of exercising the powers conferred by sub-paragraph (a) or (b) above.
2
No land may be entered, or equipment placed or left on or removed from land under paragraph (1) above, unless at least 7 days' notice has been served on every owner and occupier of the land.
3
Any person entering land under this article on behalf of the undertaker —
a
shall, if so required, before or after entering the land produce written evidence of his authority to do so; and
b
may take with him such vehicles and equipment as are necessary to exercise any of the powers conferred by paragraph (1) above.
4
No trial holes shall be made under this article in a carriageway or footway without the consent of the street authority.
5
The undertaker shall make compensation for any damage occasioned, by the exercise of the powers conferred by this article, to the owners and occupiers of the land, such compensation to be determined, in case of dispute, under Part I of the Land Compensation Act 1961 .
PART III
ACQUISITION AND POSSESSION OF LAND
Powers of acquisition
Power to acquire land
15
1
The undertaker may acquire compulsorily —
a
so much of the land shown on the Land Plans within the limits of deviation and described in the book of reference as may be required for the purposes of the authorised works and not being land referred to in sub-paragraph (b) below, and
b
so much of the land specified in columns (1) and (2) of Schedule 2 to this Order (being land shown on the Land Plans and described in the book of reference) as may be required for the purpose specified in relation to that land in column (3) of that Schedule;
and may use any land so acquired for those purposes connected with or ancillary to its undertaking.
2
This article is subject to article 20(8) below.
Application of Part I of Compulsory Purchase Act 1965
16
1
Part I of the 1965 Act, in so far as not modified by or inconsistent with the provisions of this Order, shall apply to the acquisition of land under this Order —
a
as it applies to a compulsory purchase to which the Acquisition of Land Act 1981 applies; and
b
as if this Order were a compulsory purchase order under that Act.
2
Part I of the 1965 Act, as so applied, shall have effect as if —
a
section 4 (which provides a time limit for compulsory purchase of land) and paragraph 3(3) of Schedule 3 (which makes provision as to the giving of bonds) were omitted; and
b
in section 11(1) (which confers power to enter on and to take possession of land subject to a notice to treat on giving not less than 14 days' notice) for the reference to 14 days' notice there were substituted —
i
in a case where the notice to treat relates only to the acquisition of subsoil or the acquisition of an easement or other right over the land, a reference to notice of one month, or
ii
in any other case, a reference to notice of 3 months.
Power to acquire new rights
17
1
The undertaker may compulsorily acquire such easements or other rights over any land referred to in paragraph (1)(a) or (b) of article 15 above as may be required for any purpose for which that land may be acquired under that provision, by creating them as well as by acquiring easements or other rights already in existence.
2
Subject to section 8 of the 1965 Act (as substituted by paragraph 5 of Schedule 7 to this Order), where the undertaker acquires a right over land under paragraph (1) above the undertaker shall not be required to acquire a greater interest in it.
3
Schedule 7 to this Order shall have effect for the purpose of modifying the enactments relating to compensation and the provisions of the 1965 Act in their application in relation to the compulsory acquisition under this article of a right over land by the creation of a new right.
Power to acquire subsoil only
18
1
The undertaker may compulsorily acquire so much of the subsoil of the land referred to in paragraph (1)(a) or (b) of article 15 above as may be required for any purpose for which that land may be acquired under that provision instead of acquiring the whole of the land.
2
Subject to paragraph (3) below, where the undertaker acquires any part of the subsoil of land under paragraph (1) above the undertaker shall not be required to acquire an interest in any other part of the land.
3
Paragraph (2) above shall not prevent section 8 of the 1965 Act or article 23 below from applying where the undertaker acquires a cellar, vault, arch or other construction forming part of a house, building or factory.
Vesting declarations
19
1
The Compulsory Purchase (Vesting Declarations) Act 1981 shall apply as if this order were a compulsory purchase order.
2
In its application by virtue of paragraph (1) above, the Compulsory Purchase (Vesting Declarations) Act 1981 shall have effect with the following modifications.
3
In section 3 (preliminary notices) for subsection (1) there shall be substituted —
1
Before making a declaration under section 4 below with respect to any land which is subject to a compulsory purchase order the acquiring authority shall include the particulars specified in subsection (3) below in a notice which is —
a
given to every person with a relevant interest in the land with respect to which the declaration is to be made (other than a mortgagee who is not in possession), and
b
published in the London Gazette and in a local newspaper circulating in the area in which the land is situated.
.
4
In that section, in subsection (2), for “(1)(b)” there shall be substituted “(1)” and after “given” there shall be inserted “and published”.
5
In that section, subsections (5) and (6) shall be omitted and at the end there shall be substituted —
5
For the purposes of this section, a person has a relevant interest in land if —
a
he is for the time being entitled to dispose of the fee simple of the land, whether in possession or reversion; or
b
he holds, or is entitled to the rents and profits of, the land under a lease or agreement, the unexpired term of which exceeds one month.
.
6
In section 5 (earliest date for execution of declaration) —
a
in subsection (1), after “publication” there shall be inserted “in the London Gazette or in a local newspaper circulating in the area in which the land is situated”; and
b
subsection (2) shall be omitted.
7
In section 7 (constructive notice to treat) in subsection (1)(a), the words “(as modified by section 4 of the Acquisition of Land Act 1981)” shall be omitted.
8
References to the 1965 Act shall be construed as references to that Act as applied to the acquisition of land under article 15(1) above.
Temporary possession of land
Temporary use of land for construction of works
20
1
The undertaker may, in connection with the carrying out of the authorised works —
a
enter upon and take temporary possession of the land specified in columns (1) and (2) of Schedule 8 to this Order for the purposes specified in relation to that land in column (3) of that Schedule relating to the authorised works specified in column (4) of that Schedule;
b
remove any buildings and vegetation from that land; and
c
construct temporary works (including the provision of means of access) and buildings on the land.
2
Not less than 28 days before entering upon and taking temporary possession of the land under this article the undertaker shall serve notice of the intended entry on the owners and occupiers of the land.
3
The undertaker may not, without the agreement of the owners of the land, remain in possession of any land under this article after the end of the period of one year beginning with the date of completion of the work or works specified in relation to that land in column (4) of Schedule 8 to this Order.
4
Before giving up possession of land of which temporary possession has been taken under this article, the undertaker shall remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land; but the undertaker shall not be required to replace any building removed under this article.
5
The undertaker shall pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the powers conferred by this article.
6
Any dispute as to a person’s entitlement to compensation under paragraph (5) above, or as to the amount of the compensation, shall be determined under Part I of the Land Compensation Act 1961 .
7
Without prejudice to article 35 below, nothing in this article shall affect any liability to pay compensation under section 10(2) of the 1965 Act or under any other enactment in respect of loss or damage arising from the execution of any works, other than loss or damage for which compensation is payable under paragraph (5) above.
8
The powers of compulsory acquisition of land conferred by this Order shall not apply in relation to the land referred to in paragraph (1) above except that the undertaker shall not be precluded from —
a
acquiring new rights over any part of that land under article 17 above; or
b
acquiring any part of the subsoil (or rights in the subsoil) of that land under article 18 above.
9
Where the undertaker takes possession of land under this article, it shall not be required to acquire the land or any interest in it.
Temporary use of land for maintenance of works
21
1
At any time during the maintenance period relating to any of the scheduled works, the undertaker may —
a
enter upon and take temporary possession of any land within the limit line shown marked “50 metres from new construction” on the deposited plan entitled “Works Plan” if such possession is reasonably required for the purpose of, or in connection with, maintaining the work or any ancillary works connected with it;
b
construct such temporary works (including the provision of means of access) and buildings on the land as may be reasonably necessary for that purpose.
2
Paragraph (1) above shall not authorise the undertaker to take temporary possession of —
a
any house or garden belonging to a house; or
b
any building (other than a house) if it is for the time being occupied.
3
Not less than 28 days before entering upon and taking temporary possession of land under this article the undertaker shall serve notice of the intended entry on the owners and occupiers of the land.
4
The undertaker may only remain in possession of land under this article for so long as may be reasonably necessary to carry out the maintenance works for which possession of the land was taken.
5
Before giving up possession of land of which temporary possession has been taken under this article, the undertaker shall remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land.
6
The undertaker shall pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the powers conferred by this article.
7
Any dispute as to a person’s entitlement to compensation under paragraph (6) above, or as to the amount of the compensation, shall be determined under Part I of the Land Compensation Act 1961.
8
Without prejudice to article 35 below, nothing in this article shall affect any liability to pay compensation under section 10(2) of the 1965 Act or under any other enactment in respect of loss or damage arising from the execution of any works, other than loss or damage for which compensation is payable under paragraph (6) above.
9
Where the undertaker takes possession of land under this article, it shall not be required to acquire the land or any interest in it.
10
In this article —
a
“the maintenance period”, in relation to a scheduled work, means the period of 5 years beginning with the date on which the work is opened for use; and
b
any reference to land within a specific distance of a work includes, in the case of a work under the surface of the ground, a reference to land within the specified distance of the point on the surface below which the work is situated.
Compensation
Disregard of certain interests and improvements
22
1
In assessing the compensation (if any) payable to any person on the compulsory acquisition from him of any land under this Order, the tribunal shall not take into account —
a
any interest in land, or
b
any enhancement of the value of any interest in land by reason of any building erected, works executed or improvement or alteration made on relevant land,
if the tribunal is satisfied that the creation of the interest, the erection of the building, the execution of the works or the making of the improvement or alteration was not reasonably necessary and was undertaken with the intention of obtaining compensation or increased compensation.
2
In paragraph (1) above “relevant land” means the land acquired from the person concerned or any other land with which he is, or was at the time when the building was erected, the works executed or the improvement or alteration made, directly or indirectly concerned.
Supplementary
Acquisition of part of certain properties
23
1
This article shall apply instead of section 8(1) of the 1965 Act (as applied by article 16 above) in any case where —
a
a notice to treat is served on a person (“the owner”) under the 1965 Act (as so applied) in respect of land forming only part of a house building or factory or of land consisting of a house with a park or garden (“the land subject to the notice to treat”); and
b
a copy of this article is served on the owner with the notice to treat.
2
In such a case, the owner may, within the period of 21 days beginning with the day on which the notice was served, serve on the undertaker a counter-notice objecting to the sale of the land subject to the notice to treat and stating that he is willing and able to sell the whole (“the land subject to the counter-notice”).
3
If no such counter-notice is served within that period, the owner shall be required to sell the land subject to the notice to treat.
4
If such a counter-notice is served within that period, the question whether the owner shall be required to sell only the land subject to the notice to treat shall, unless the undertaker agrees to take the land subject to the counter-notice, be referred to the tribunal.
5
If on such a reference the tribunal determine that the land subject to the notice to treat can be taken —
a
without material detriment to the remainder of the land subject to the counter-notice, or
b
in the case of part of land consisting of a house with a park or garden, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house,
the owner shall be required to sell the land subject to the notice to treat.
6
If on such a reference the tribunal determine that only part of the land subject to the notice to treat can be taken —
a
without material detriment to the remainder of the land subject to the counter-notice, or
b
in the case of part of land consisting of a house with a park or garden, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house,
the notice to treat shall be deemed to be a notice to treat for that part.
7
If on such a reference the tribunal determine that —
a
the land subject to the notice to treat cannot be taken without material detriment to the remainder of the land subject to the counter-notice, but
b
the material detriment is confined to a part of the land subject to the counter-notice,
the notice to treat shall be deemed to be a notice to treat for the land to which the material detriment is confined in addition to the land already subject to the notice, whether or not the additional land is land which the undertaker is authorised to acquire compulsorily under this Order.
8
If the undertaker agrees to take the land subject to the counter-notice, or if the tribunal determines that —
a
none of the land subject to the notice to treat can be taken without material detriment to the remainder of the land subject to the counter-notice or, as the case may be, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house, and
b
the material detriment is not confined to a part of the land subject to the counter-notice,
the notice to treat shall be deemed to be a notice to treat for the land subject to the counter-notice whether or not the whole of that land is land which the undertaker is authorised to acquire compulsorily under this Order.
9
In any case where by virtue of a determination by the tribunal under this article a notice to treat is deemed to be a notice to treat for less land or more land than that specified in the notice, the undertaker may, within the period of 6 weeks beginning with the day on which the determination is made, withdraw the notice to treat; and if it does so shall pay the owner compensation for any loss or expense occasioned to him by the giving and withdrawal of the notice, to be determined in case of dispute by the tribunal.
10
Where the owner is required under this article to sell part only of a house, building or factory or of land consisting of a house with a park or garden, the undertaker shall pay him compensation for any loss sustained by him due to the severance of that part in addition to the value of the interest acquired.
Extinguishment and suspension of private rights of way
24
1
All private rights of way over land subject to compulsory acquisition under this Order shall be extinguished —
a
as from the acquisition of the land by the undertaker, whether compulsorily or by agreement, or
b
on the entry on the land by the undertaker under section 11(1) of the 1965 Act,
whichever is sooner.
2
All private rights of way over land of which the undertaker takes temporary possession under this Order shall be suspended and unenforceable for as long as the undertaker remains in lawful possession of the land.
3
Any person who suffers loss by the interference with any private right of way under this article shall be entitled to compensation to be determined, in case of dispute, under Part I of the Land Compensation Act 1961.
4
This article does not apply in relation to any right of way to which section 271 or 272 of the Town and Country Planning Act 1990 (extinguishment of rights of statutory undertakers etc. ) or paragraph 2 of Schedule 11 to this Order applies.
Use of subsoil
25
1
The undertaker may enter upon, take and use so much of the subsoil of any street within the limits of deviation or within the land the subject of article 15(1)(b) as may be required for the purpose of the construction or maintenance of the authorised works without being required to acquire that subsoil or any right therein.
2
The undertaker shall not be required to pay any compensation for the exercise of the powers conferred by paragraph (1) above where the street is a highway; but where the street is not a highway any person suffering loss by the exercise of that power shall be entitled to compensation to be determined, in case of dispute, under Part I of the Land Compensation Act 1961 .
3
Paragraphs (1) and (2) above shall not apply in relation to —
a
any subway or underground building; or
b
any cellar, vault, arch or other construction in or on a street which forms part of a building fronting onto, or abutting or lying under, the street.
Time limit for exercise of powers of acquisition
26
1
Subject to paragraph (2) below, the powers conferred by this Order to acquire land or rights over land compulsorily, and the power conferred by article 20 above to enter upon and take temporary possession of land, shall cease at the end of the period of 5 years beginning on the day on which this Order comes into force.
2
Paragraph (1) above shall not prevent the undertaker remaining in possession of land in accordance with article 20 above after the end of that period, if the land was entered and possession of it was taken before the end of that period.
PART IV
MISCELLANEOUS AND GENERAL
Saving for Trinity House
27
Nothing in this Order shall prejudice or derogate from any of the powers, rights or privileges, or the jurisdiction or authority of Trinity House.
Protection of certain persons
28
1
For the protection of the Environment Agency, Schedule 9 shall have effect.
2
For the protection of the persons specified in the several Parts of that Schedule, Schedule 10 shall have effect.
Statutory undertakers, etc.
29
Schedule 11 to this Order shall have effect.
Regulation of footways
30
Schedule 12 to this Order shall have effect.
Application, modification and exclusion of miscellaneous enactments
31
Schedule 13 to this Order shall have effect.
Repeal of enactments
32
1
Part I of Schedule 14 to this Order shall have effect.
2
For any period during which the undertaker is, pursuant to article 3(5) above, providing a temporary way on foot for members of the public across the River Thames in place of the existing Hungerford footbridge, the enactments mentioned in Part II of Schedule 14 to this Order shall be modified so as not to require the existing Hungerford footbridge to be open for use by the public.
3
On the dedication as a highway of Work No. 1 or Work No. 2 pursuant to article 10 above, the enactments mentioned in Part II of Schedule 14 to this Order shall be repealed to the extent specified in the third column of that Part.
Certification of plans, etc.
33
The undertaker shall, as soon as practicable after the making of this Order, submit copies of the book of reference, the deposited sections and the deposited plans to the Secretary of State for certification that they are, respectively, true copies of the book of reference, sections and plans referred to in this Order; and a document so certified shall be admissable in any proceedings as evidence of the contents of the document of which it is a copy.
Service of notices
34
1
A notice or other document required or authorised to be served for the purposes of this Order may be served by post.
2
Where the person on whom a notice or other document to be served for the purposes of this Order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body.
3
For the purposes of section 7 of the Interpretation Act 1978 as it applies for the purposes of this article, the proper address of any person in relation to the service on him of a notice or document under paragraph (1) above is, if he has given an address for service, that address, and otherwise —
a
in the case of the secretary or clerk of a body corporate, the registered or principal office of that body; and
b
in any other case, his last known address at the time of service.
4
Where for the purposes of this Order a notice or other document is required or authorised to be served on a person as having any interest in, or as the occupier of, land and his name or address cannot be ascertained after reasonable enquiry, the notice may be served by —
a
addressing it to him by name or by the description of “owner”, or as the case may be “occupier”, of the land (describing it); and
b
either leaving it in the hands of a person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land.
5
This article shall not be taken to exclude the employment of any method of service not expressly provided for by it.
No double recovery
35
Compensation shall not be payable in respect of the same matter both under this Order and under any other enactment, any contract or any rule of law.
Arbitration
36
Any difference under any provision of this Order (other than in relation to any matter otherwise provided for in Schedules 9, 10, 11 or a difference which falls to be determined by the tribunal) shall be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after notice in writing to the other) by the President of the Institution of Civil Engineers.
Byelaws
37
1
The undertaker may make byelaws regulating the use and operation of the authorised works, the maintenance of order on the authorised works and the conduct of all persons while on the authorised works.
2
Without prejudice to the generality of paragraph (1) above, byelaws under this article may make provision —
a
with respect to interference with, or obstruction of, the operation or maintenance of the authorised works or other facilities provided in connection with the authorised works; and
b
with respect to the prevention of nuisances on the authorised works.
3
Byelaws under this article may provide for it to be an offence for a person to contravene, or to fail to comply with, a provision of the byelaws and for such a person to be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
4
Without prejudice to the taking of proceedings for an offence included in byelaws by virtue of paragraph (3) above, if the contravention of or failure to comply with, any byelaw under this article is attended with danger or annoyance to the public, or hindrance to the undertaker in the operation of the authorised works, the undertaker may summarily take action to obviate or remove the danger, annoyance or hindrance.
5
Byelaws under this article shall not come into operation until they have been confirmed by the Secretary of State.
6
At least 28 days before applying for any byelaws to be confirmed under this article, the undertaker shall publish in such manner as may be approved by the Secretary of State a notice of its intention to apply for the byelaws to be confirmed and of the place at which and the time during which a copy of the byelaws will be open to public inspection; and any person affected by any of the byelaws may make representations on them to the Secretary of State within a period specified in the notice, being a period of not less than 28 days.
7
For at least 24 days before an application is made under this article for byelaws to be confirmed, a copy of the byelaws shall be kept at the principal office of the undertaker and shall at all reasonable hours be open to public inspection without payment.
8
The undertaker shall, at the request of any person, supply him with a copy of such byelaws on payment of such reasonable sum as the undertaker may determine.
9
The Secretary of State may confirm with or without modification, or may refuse to confirm, any of the byelaws submitted under this article for confirmation and, as regards any byelaws so confirmed, may fix a date on which the byelaws shall come into operation; and if no date is so fixed the byelaws shall come into operation after the expiry of 28 days after the date on which they were confirmed.
10
The Secretary of State may charge the undertaker such fees in respect of any byelaws submitted for confirmation under this article as he may consider appropriate for the purpose of defraying any administrative expenses incurred by him in connection therewith.
11
A copy of the byelaws when confirmed shall be printed and deposited at the principal office of the undertaker and shall at all reasonable hours be open to public inspection without payment and the undertaker shall, at the request of any person, supply him with a copy of any such byelaws on payment of such reasonable sum as the undertaker shall determine.
12
The production of a printed copy of byelaws confirmed under this article on which is endorsed a certificate purporting to be signed by a person duly authorised by the undertaker stating —
a
that the byelaws were made by the undertaker,
b
that the copy is a true copy of the byelaws,
c
that on a specified date the byelaws were confirmed by the Secretary of State, and
d
the date when the byelaws came into operation
shall be prima facie evidence of the facts stated in the certificate.
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
2nd August 1999


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
These Regulations may be cited as the Motor Vehicles (Approval) (Amendment) Regulations 1999 and shall come into force on 23rd July 1999.
Preliminary
2
The Motor Vehicles (Approval) Regulations 1996 shall be further amended in accordance with the following provisions of these Regulations.
Amendment of regulation 3 (application of Part II)
3
In regulation 3(1)(b) after the words “paragraph 1,” there shall be inserted “1A,”.
Amendment of regulation 5 (application of Part III)
4
In regulation 5(1)(c) after the words “paragraph 1,” there shall be inserted “1A,”.
Amendment of regulation 12 (form of certificate)
5
In regulation 12(2) after sub-paragraph (a) there shall be inserted the following sub-paragraph–
aa
the letter “E” if the certificate is being issued on the basis that the vehicle meets the requirements of paragraph 1A of Schedule 1 to these Regulations;
.
Amendment of Schedule 1 (application of Regulations — supplementary provisions)
6
In Schedule 1 after paragraph 1 there shall be inserted the following paragraph–
Vehicles satisfying approval requirements by virtue of recognition of equivalent approval granted by an EEA State
1A
A vehicle meets the requirements of this paragraph at a particular time if it is to be regarded as having fulfilled the approval requirements in relation to each subject matter applicable to it–
a
in accordance with regulation 4(4) and by virtue of the condition specified in regulation 4(5)(d); or
b
in accordance with regulation 6(4) and by virtue of the condition specified in regulation 6(5)(d).
Signed by authority of the Secretary of State
Larry Whitty
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
21st July 1999


text:
PART I
GENERAL
Citation and commencement
1
These Regulations may be cited as the Local Government (Parishes and Parish Councils) Regulations 1999 and shall come into force on 1st April 1999.
Interpretation
2
In these Regulations–
“ the Act ” means the Local Government and Rating Act 1997;
“the 1992 Act ” means the Local Government Act 1992 ;
“the 1972 Act ” means the Local Government Act 1972 ;
“abolished authority” means a parish council which is wound up and dissolved by an order;
“enactment” includes a local and personal Act, a private Act and any subordinate legislation within the meaning of the Interpretation Act 1978 ;
“existing”, in relation to an area affected by an order, means that area as it exists on the date the order is made;
“order” means an order under section 14 (implementation by Secretary of State) of the Act;
“order date” means the date (being 1st April in any year) which is specified as such in the order;
“proper officer”, in relation to any purpose and any body, means the person appointed for that purpose by that body;
“transferor authority” means a parish council which, in consequence of an order, ceases to exercise functions in relation to an area (“transferred area”) on the order date; and
“transferee authority” means–
a parish council by which, in consequence of an order, functions in relation to a transferred area are exercisable on and after the order date;
where there is no such council, the district council or unitary county council in whose area the transferred area is situated.
Application of Regulations
3
These Regulations (which make incidental, consequential, transitional and supplementary provision for the purposes and in consequence of orders, and for giving full effect to them) apply to every order, but have effect, in each case, subject to any relevant agreement under section 20 (agreements as to incidental matters) of the 1992 Act (as well as having effect subject to the provisions of the order, as provided by section 15(2) of the Act).
Matters not affected
4
Nothing in these Regulations shall affect–
a
the status of any city;
b
the status of any person who is an honorary freeman of any parish having the status of a city or entitled to be called or styled a royal town;
c
any person’s status, or the right of any person to be admitted, as a freeman of any place;
d
any right–
i
of burial; or
ii
to construct a grave or vault; or
iii
to place, maintain or inscribe a tombstone or memorial.
Continuity of matters
5
1
Any thing which, at the order date, is in the process of being done by or in relation to a transferor authority in the exercise of, or in connection with, any of its functions in relation to a transferred area may be continued by or in relation to the transferee authority.
2
Any thing done before the order date by or in relation to a transferor authority in the exercise of, or in connection with, any of its functions in relation to a transferred area shall, so far as is required for continuing its effect on and after that date, have effect as if done by or in relation to the transferee authority.
3
References in paragraphs (1) and (2) to things done by or in relation to a transferor authority include references to things which, by virtue of any enactment, are treated as having been done by or in relation to that authority.
4
So far as is required for giving effect to paragraphs (1) and (2), any reference in any document to a transferor authority shall be construed as a reference to the transferee authority.
Maps
6
1
A print of any map referred to in an order shall be deposited in–
a
[the office] [a London office] of the Secretary of State; and
b
the offices of the district council or unitary county council in whose area a parish affected by the order is situated.
2
The prints deposited in accordance with paragraph (1) shall be available for inspection by any person at any reasonable time.
3
Prints of any such map shall also be supplied to–
a
Ordnance Survey;
b
the Registrar General;
c
the Land Registry;
d
the Valuation Office;
e
the Boundary Commission for England; and
f
the Local Government Commission for England.
Mereing of boundaries
7
1
The boundaries of any area established by an order shall be mered by Ordnance Survey.
2
Where–
a
a boundary of any area is defined on a map referred to in the order by reference to proposed works; and
b
those works have not been executed at the time the boundary is mered,
the boundary shall be mered as if it had not been so defined.
PART II
PROPERTY, RIGHTS AND LIABILITIES
Transfer of property, rights and liabilities
8
1
Nothing in this regulation shall apply to–
a
any property held by an authority, as sole trustee, exclusively for charitable purposes;
b
any rights or liabilities of an authority in respect of such property,
but see regulation 9.
2
Subject to paragraph (5), all property vested in, and all rights and liabilities acquired, accrued or incurred by, an authority described in column (1) of the Table below and specified in relation to that authority in column (2) shall transfer to and vest in or, as the case may be, become rights and liabilities of, the authority specified in column (3).
TABLE
(1) (2) (3) Transferor authority Specified property, rights and liabilities Transferee authority
An abolished authority Property, rights and liabilities of the abolished authority which relate to the transferred area The transferee authority to which the transferred area transfers The council of a parish which is subject to an alteration in its administrative area consisting of the loss of a transferred area Property, rights and liabilities of that council which relate to the transferred area The council of the transferee parish or, if there is no such parish, or the parish has no council, the council of the district or, where there is no council for the district, the county council within whose area the transferred area lies
3
All contracts, deeds, bonds, agreements, licences and other instruments subsisting immediately before the order date in favour of, or against, and all notices in force immediately before that date which were given, or have effect as if given, by or to a transferor authority in respect of any transferred area shall be of full force and effect in favour of, or against, the transferee authority.
4
Any action or proceeding, or any cause of action or proceeding, pending or existing at the order date by or against a transferor authority in respect of any transferred property may be continued, prosecuted or enforced, as the case may be, by or against the authority to which such property is transferred.
5
Where, in relation to an abolished authority, there is more than one transferee authority an amount equal to the appropriate proportion of the balances of the abolished authority as shown immediately before the order date in the authority’s capital and revenue accounts shall be transferred to the capital and revenue accounts, respectively, of each of the transferee authorities.
6
In paragraph (5), “the appropriate proportion”, in relation to a transferee authority, means the same proportion as the population of the area transferred to that authority bears to the population of the area of the abolished authority; and the population of an area shall be taken to be the number estimated by the proper officer of the district in which the area of the abolished authority is situated by reference to the day immediately before the order date.
7
For the purposes of this regulation, property, rights and liabilities of an authority are to be treated as property, rights and liabilities in relation to a transferred area if–
a
in the case of land, it is situated in, or held exclusively for the purposes of, or in connection with, the exercise of functions in, or in relation to, the area;
b
in the case of liabilities, they are liabilities incurred exclusively in respect of the area;
c
in the case of contracts, deeds, bonds, agreements and other instruments, and notices, they relate exclusively to the area;
d
in the case of actions and proceedings and causes of action or proceedings, they relate exclusively to the area.
8
In this regulation “transferred property” means any property, rights or liabilities transferred by virtue of this regulation.
Charitable property, etc.
9
1
In this regulation–
“charity”, “charity trustees”, “company”, “the court” and “trusts” have the same meanings as in the Charities Act 1993 ;
“charitable property” means property (of whatever description) which, immediately before the order date, is held as sole trustee–
by an abolished authority; or
by a transferor authority other than an abolished authority,
exclusively for charitable purposes; and
“relevant charity” means a charity other than a charity incorporated by charter of a company.
2
Charitable property held by an abolished authority for the benefit of–
a
a specified area, or
b
the inhabitants of that area, or
c
any particular class or body of persons in that area,
shall, on the order date, vest (on the same trusts) in the transferee authority within whose area the whole or the greater part of that specified area is situated immediately before that date.
3
Other charitable property held by an abolished authority shall, on the order date, vest (on the same trusts)–
a
in the transferee authority within whose area the whole or the greater part of the area of the abolished authority is situated immediately before that date; or
b
if sub-paragraph (a) does not apply, in such one of the transferee authorities as may be agreed between them not later than three months before the order date or, in default of such agreement, in such transferee authority as the Charity Commissioners may determine.
4
Where–
a
charitable property is held by a transferor authority which is not an abolished authority for any such benefit as is mentioned in paragraph (2); and
b
the whole or the greater part of the specified area so mentioned is situated within the transferred area,
that property shall, on the order date, vest (on the same trusts) in the transferee authority.
5
Charitable property held as mentioned in paragraph (1)(b) which is not vested in accordance with paragraph (4) shall continue to be held by the transferor authority.
6
Any rights and liabilities in respect of charitable property which vests in accordance with any of paragraphs (2) to (4) shall on the order date become rights and liabilities of the transferee authority in which that property vests.
7
Where, immediately before the order date, any power with respect to a relevant charity is, under the trusts of the charity or by virtue of any enactment, exercisable by a transferor authority in relation to a transferred area or by the holder of an office connected with such an authority, that power shall, on and after the order date, be exercisable by the authority in which property of the charity would have vested if it had been charitable property or, as the case may be, by the holder of the corresponding office connected with that authority or, if there is no such office, by the proper officer of that authority.
8
References in paragraph (7) to a power with respect to a relevant charity do not include references to the powers of any person by virtue of being a charity trustee of the charity.
9
Where, under the trusts of a relevant charity, the charity trustees immediately before the order date include–
a
an abolished authority;
b
the transferor authority in relation to a transferred area; or
c
the holder of an office connected with an authority mentioned in subparagraph (a) or (b),
on and after the order date those trustees shall include the authority in which property of the charity would have vested as mentioned in paragraph (7) or, as the case may be, the holder of the corresponding office connected with that authority or, if there is no such office, the proper officer of that authority.
10
Nothing in this regulation shall affect any power of Her Majesty, the court or any other person to alter the trusts of any charity.
Land held or used for purposes of the Allotments Acts 1908 to 1950
10
Where immediately before the order date land in an area constituted as a parish by an order–
a
is held by a district council for any purpose of the Allotments Acts 1908 to 1950 ; or
b
is vested in a district council and used for those purposes,
it shall on the order date transfer to and be vested in the parish council for that parish or, if there is no such council, the parish meeting for that parish.
PART III
OTHER CONSEQUENTIAL AND TRANSITIONAL PROVISIONS
Councillors
11
1
Any person in office immediately before the order date as a parish councillor for an area which is altered by the order (“an altered area”) shall, unless he resigns his office or it otherwise becomes vacant, continue as parish councillor for the area as so altered until the date on which he would ordinarily have retired had the order not been made.
2
Where any casual vacancy for the office of parish councillor arises in an altered area on or before the order date, that vacancy shall be treated as a vacancy for a parish councillor of the altered area.
3
Notwithstanding subsection (3) of section 16 (parish councillors) of the 1972 Act, any persons in office as parish councillors of an abolished authority immediately before the order date shall retire on that date.
Electoral registers
12
Each registration officer shall make such rearrangement or adaptation of the register of local government electors as may be necessary for the purposes or in consequence of any order.
Staff: continuity of employment
13
1
This regulation applies to any person who ceases to be employed by an abolished authority or a transferor authority (“the authority”) where–
a
the termination of his employment is attributable to the winding-up and dissolution of the authority;
b
within four weeks of the date of the termination of that employment he is employed by another parish council (“the new employer”); and
c
by virtue of section 138 (no dismissal in cases of renewal of contract or re-engagement) of the Employment Rights Act 1996 (“the 1996 Act ”) that subsequent employment precludes his receiving any redundancy payment under Part XI of that Act with respect to his terminated employment.
2
The period during which a person to whom this regulation applies was employed by the authority shall count as a period of employment with the new employer for the purposes of computing his period of continuous service for the purposes of the 1996 Act and the change of employer shall not break the continuity of his employment.
3
A person to whom this regulation applies shall be entitled to count the period of his employment with the authority as a period of employment with his new employer for the purposes of any provision of his contract which depends on his length of service.
Minutes of last meetings
14
1
This regulation applies to the minutes of the last meeting of–
a
an abolished authority;
b
a committee or sub-committee of such an authority; and
c
a joint committee which ceases to exist by reason of the winding-up and dissolution of such an authority.
2
Where practicable, the minutes shall be signed at the conclusion of the last meeting by the person who chaired that meeting (“the chairman”).
3
In every other case, as soon a practicable after the last meeting, the minutes shall be circulated to the chairman and every other member present at the meeting; and
a
the chairman may sign the minutes after taking into consideration any representations made by any such member within seven days of the date on which those minutes were sent to him; or
b
if the chairman is unable to sign the minutes, the proper officer of the district council or unitary county council in whose area the area of the abolished authority is situated may nominate another person who was present at the meeting to sign the minutes.
4
Any minutes purporting to be signed in accordance with paragraph (2) or (3) shall be received in evidence without further proof and, until the contrary is proved–
a
the meeting shall be deemed to have been duly convened and held;
b
those present at the meeting shall be deemed to have been qualified to attend and vote; and
c
where the meeting was of a committee, a sub-committee or a joint committee, it shall be deemed to have been duly constituted and to have had power to deal with the matters referred to in the minutes.
Audit
15
1
Any functions under Part II (accounts and audit of public bodies) of the Audit Commission Act 1998 (“the 1998 Act ”) exercisable by or in relation to an abolished authority in respect of any financial year ending before the order date shall be exercisable on or after that date by or in relation to the transferee authority or, if there is more than one transferee authority, such one of them as is specified for the purposes of this paragraph in the order.
2
In the following paragraphs “the relevant authority” means the transferee authority by which functions under Part II are exercisable on or after the order date.
3
Without prejudice to the generality of paragraph (1), the relevant authority–
a
shall ensure that the accounts of the abolished authority are made up, balanced and audited; and
b
may recover any sum or amount which, but for the order, would have been recoverable for the benefit of the abolished authority in accordance with section 18(2) of the 1998 Act.
4
For the purposes of paragraph (1), anything done before the order date by or in relation to an abolished authority in the exercise of its functions under Part II of the 1998 Act shall be treated on and after that date as if it had been done by or in relation to the relevant authority.
5
A transferee authority which is not a relevant authority shall provide the designated authority with such information as it may reasonably require to enable it to discharge its functions under paragraph (1); and shall, if so requested, provide copies of, or otherwise afford access to, such documents or other material in their possession or under their control as the relevant authority may specify.
Charter trustees
16
1
The following provisions of this regulation apply in any case where, in consequence of an order, a city or town for which charter trustees have been constituted by or under any enactment becomes wholly comprised in a parish or in two or more parishes.
2
On the date on which the first parish councillors for the parish or, as the case may be, the parishes, come into office–
a
the charter trustees shall be dissolved;
b
the mayor and deputy mayor (if any) shall cease to hold office as such;
c
the appointment of any local officer of dignity shall be treated as if it had been made by the parish council;
d
all property, rights and liabilities (of whatever description) of the charter trustees shall become property, rights and liabilities of the parish council;
e
any legal proceedings to which the charter trustees are party may, subject to rules of court, be prosecuted or defended (as the case may be) by the parish council.
3
Without prejudice to paragraph (2), regulation 5 (continuity of matters) shall apply in a case to which this regulation applies as if the charter trustees were a transferor authority and the parish council were a transferee authority.
4
In paragraphs (2) and (3) “the parish council”–
a
in relation to a city or town which becomes comprised in the area of a single parish, means the council of that parish;
b
in relation to a city or town which becomes comprised in the area of more than one parish, means the council of such one of those parishes as is specified in the order.
5
The accounts of the charter trustees and of its committees and officers shall be made up to the date referred to in paragraph (2), and shall be audited in the same manner, and subject to the same procedures and penalties, as if the charter trustees had not been dissolved.
Amendment of Regulations
17
The Charter Trustees Regulations 1996 are amended by the omission of regulation 18 (dissolution of charter trustees).
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Nick Raynsford
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
4th March 1999


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Education (Further Education Institutions Information) (England) (Amendment) Regulations 1999, and shall come into force on 15th October 1999.
2
In these Regulations “the 1995 Regulations ” means the Education (Further Education Institutions Information) (England) Regulations 1995 .
Amendment of the 1995 Regulations
2
The 1995 Regulations shall be amended in the Schedule as follows.
2
For paragraph 11(3) there shall be substituted the following paragraph —
3
The percentages of the numbers of students referred to in sub-paragraph (1) whose main occupation after achieving the qualification was —
a
a course of further education;
b
a course of higher education;
c
continued employment in the post held prior to achieving the qualification, with formal training programme;
d
continued employment in the post held prior to achieving the qualification, with no formal training programme;
e
employment in a different post than that held prior to achieving the qualification, with formal training programme;
f
employment in a different post than that held prior to achieving the qualification, with no formal training programme;
g
following a training programme other than the courses referred to in subparagraphs (a) or (b) above, with no employment;
h
an occupation other than the occupations referred to in subparagraphs (a) to (g); or
i
not known to the governing body of the institution publishing this information.
Tessa Blackstone
Minister of State,
Department for Education and Employment
10th September 1999


text:
Citation and commencement
1
This Order may be cited as the Contracting Out (Jury Summoning Functions) Order 1999 and shall come into force on 31st August 1999.
Interpretation
2
In this Order,:
“ the Act ” means the Juries Act 1974 ;
“contracted-out function” means any function which is the subject of an authorisation given in accordance with article 3(1) of this Order and “authorised contractor” means the person to whom, and to whose employees, that authorisation is given;
“relevant functions” means
the functions of the Lord Chancellor under section 2 of the Act , in so far as those functions involve the production and posting of jury summonses; and
the signing of certificates of posting under section 2(6) of the Act.
Contracting out of functions
3
1
Any or all of the relevant functions may be exercised by, or by employees of, such person as may be authorised in that behalf by the Lord Chancellor.
2
In relation to any contracted-out function, the expression “the appropriate officer” in section 2 of the Act shall be construed as if it referred to such employee of the authorised contractor as may be designated for the purpose of that function by the authorised contractor.
Lord Irvine of Lairg, C.
27th July 1999


text:
Title and commencement
1
These Regulations may be cited as the Welfare of Animals (Slaughter or Killing) (Amendment) Regulations 1999 and shall come into force on 16th March 1999.
Amendment of the Welfare of Animals (Slaughter or Killing) Regulations 1995
2
1
The Welfare of Animals (Slaughter or Killing) Regulations 1995 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 14(b) (the slaughter of animals elsewhere than in a slaughterhouse or knacker’s yard) the words “subject to regulation 22,” shall be deleted.
3
In regulation 22 the words “Schedule 5 (which relates to the stunning and killing of animals)” shall be replaced by the words “The requirement to stun an animal before slaughter in regulation 9(c)”.
4
In Schedule 12 (additional provisions for slaughter by a religious method) paragraph 8 shall be replaced by the following paragraph:
Prohibition against slaughter by a religious method elsewhere than in a slaughterhouse
No person shall slaughter any animal by a religious method, or cause or permit any animal to be so slaughtered, elsewhere than in a slaughterhouse licensed under regulation 4 of the Fresh Meat (Hygiene and Inspection) Regulations 1995 .
.
Elliot Morley
Parliamentary Secretary, Minister of Agriculture, Fisheries and Food
18th February 1999
Sewel
Parliamentary Under Secretary of State, Scottish Office
18th February 1999


text:
PART I
PRELIMINARY
Citation and commencement
1
This Order may be cited as the Portsmouth Harbour (Gunwharf Quays) Order 1999 and shall come into force on 3rd February 1999.
Interpretation
2
1
In this Order, unless the context otherwise requires–
“authorised works” means the scheduled works and any other works authorised by this Order;
“the deposited plans” means the plans certified by the Secretary of State as the deposited plans for the purposes of this Order;
“the deposited sections” means the sections certified by the Secretary of State as the deposited sections for the purposes of this Order;
“the limits of deviation” means the limits of deviation for the scheduled works shown on the deposited plans;
“maintain” includes inspect, repair, adjust, remove, reconstruct, and replace and “maintenance” shall be construed accordingly;
“the scheduled works” means the works specified in Schedule 1 to this Order;
“tidal work” means so much of any authorised work as is on, under or over tidal waters or tidal land below the level of mean high water springs;
“Trinity House” means the Corporation of Trinity House of Deptford Strond;
“the undertaker” means the Berkeley Festival Waterfront Company Limited.
2
All directions, distances and dimensions stated in any description of works or powers shall be construed as if the words “or thereabouts” were inserted after each such reference.
PART II
WORKS PROVISIONS
Power to construct works
3
1
The undertaker may construct and maintain the scheduled works.
2
Subject to article 4 below, the scheduled works shall only be constructed in the situations shown on the deposited plans and in accordance with the levels shown on the deposited sections.
3
The undertaker may within the limits of deviation carry out such other works (of whatever nature) as may be necessary, convenient or expedient for the purposes of, in connection with or in consequence of, the construction of the scheduled works.
4
The undertaker may break out and remove in so far as may be necessary and convenient for the construction and maintenance of the scheduled works any such structures as are wholly contained within the limits of deviation.
Power to deviate
4
In constructing or maintaining the scheduled works, the undertaker may–
a
deviate laterally from the situations shown on the deposited plans within the limits of deviation,
b
deviate vertically from the levels shown for those works on the deposited sections–
i
to any extent not exceeding 5 metres upwards, or
ii
to any extent downwards as may be necessary or convenient, and
c
deviate vertically from the levels shown on the deposited sections for the buildings and other structures for commercial and leisure purposes comprised in Work No. 1 to any extent upwards as may be necessary or convenient.
Discharge of water
5
1
The undertaker may use any watercourse or any public sewer or drain for the drainage of water in connection with the construction or maintenance of the authorised works and for that purpose may lay down, take up and alter pipes and may, on any land shown on the deposited plans within the limits of deviation, make openings into, and connections with, the watercourse, sewer or drain.
2
The undertaker shall not discharge any water into any watercourse, public sewer or drain except with the consent of the authority to which it belongs; and such consent may be given subject to such terms and conditions as the authority may reasonably impose but shall not be unreasonably withheld.
3
The undertaker shall not make any opening into any public sewer or drain except in accordance with plans approved by, and under the superintendence (if provided) of, the authority to which the sewer or drain belongs, but such approval shall not be unreasonably withheld.
4
The undertaker shall take such steps as are reasonably practicable to secure that any water discharged into a watercourse or public sewer or drain under the powers conferred by this article is as free as may be practicable from gravel, soil or other solid substance or oil or matter in suspension.
5
This article does not authorise the entry into controlled waters of any matter whose entry or discharge into controlled waters is prohibited by section 85(1), (2) or (3) of the Water Resources Act 1991 .
6
In this article–
a
“public sewer or drain” means a sewer or drain which belongs to a sewerage undertaker, a local authority or a harbour authority within the meaning of the Harbours Act 1964 ,
b
“watercourse” includes all rivers, tidal rivers, streams, ditches, drains, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain, and
c
other expressions used both in this article and in the Water Resources Act 1991 have the same meaning as in that Act.
PART III
MISCELLANEOUS AND GENERAL
Power to dispose, transfer, lease, etc. the undertaking or its operation
6
The undertaker may at any time transfer, assign, lease or otherwise dispose of the whole or any part of the authorised works or their operation and the transferee shall become the undertaker for the purposes of this Order in respect of that part of the authorised works or their operation transferred to him.
Protection of Railtrack
7
Any agreements for the protection of Portsmouth Harbour Railway Station and adjoining property of Railtrack PLC , which are or have been entered into between Railtrack PLC and the Berkeley Festival Waterfront Company Limited in relation to the exercise of the powers of this Order, shall apply to the exercise of the powers of this Order by any person to whom all or any part of the authorised works or their operation is disposed of, under article 6 above, as they apply to the exercise of the powers by the Berkeley Festival Waterfront Company Limited.
Tidal works
8
The provisions of Schedule 2 to this Order shall have effect.
Certification of plans etc.
9
The undertaker shall, as soon as practicable after the making of this Order, submit copies of the deposited sections and the deposited plans to the Secretary of State for certification that they are true copies of, respectively, the deposited sections and the deposited plans referred to in this Order; and a document so certified shall be admissible in any proceedings as evidence of the contents of the document of which it is a copy.
Service of notices
10
1
A notice or other document required or authorised to be served for the purposes of this Order may be served by post.
2
Where the person on whom a notice or other document to be served for the purposes of this Order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body.
3
For the purposes of section 7 of the Interpretation Act 1978 as it applies for the purposes of this article, the proper address of any person in relation to the service on him of a notice or document under paragraph (1) above is, if he has given an address for service, that address, and otherwise–
a
in the case of the secretary or clerk of a body corporate, the registered or principal office of that body, and
b
in any other case, his last known address at the time of service.
4
This article shall not be taken to exclude the employment of any method of service not expressly provided for by it.
Resolution of disputes
11
Any difference under any provision of this Order shall be referred to and settled by an arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after notice in writing to the other) by the President of the Institution of Civil Engineers.
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
13th January 1999


text:
Citation and commencement
1
These Regulations may be cited as the Health and Safety (Fees) (Amendment) Regulations 1999 and shall come into force on 7th October 1999.
Amendment of the Health and Safety (Fees) Regulations 1999
2
The Health and Safety (Fees) Regulations 1999 shall be amended as follows —
a
the regulations set out in Schedule 1 to these Regulations shall be inserted after regulation 18; and
b
the Schedules set out in Schedule 2 to these Regulations shall be inserted after Schedule 15.
Amendment of the Control of Major Accident Hazards Regulations 1999
3
The Control of Major Accident Hazards Regulations 1999 shall be amended in accordance with Schedule 3 to these Regulations.
Signed by authority of the Secretary of State
Michael Meacher
Minister of State,
Department of the Environment, Transport and the Regions
15th September 1999


text:
Citation and commencement
1
These Regulations may be cited as the Driving Licences (Exchangeable Licences) Order 1999 and shall come into force on 2nd July 1999.
Interpretation
2
In this Order–
a
“driving test” means a test corresponding to the practical test of driving skills and behaviour prescribed under section 89 of the Road Traffic Act 1988 as part of the test of competence to drive;
b
“vehicle with automatic transmission” means a vehicle in which either–
i
the driver is not provided with any means whereby he may vary the gear ratio between the engine and the road wheels independently of the accelerator and the brakes, or
ii
he is provided with such means but they do not include a clutch pedal or lever which he may operate manually,
(and accordingly, a vehicle with manual transmission is any other class of vehicle); and
iii
a reference to a licensing category is a reference to the category identified by the same letter or combination of letters in Schedule 2 to the Motor Vehicles (Driving Licences) Regulations 1996 .
Designation of South Africa
3
1
Subject to paragraph (3) below, the Republic of South Africa is designated under section 108(2)(b) of the Road Traffic Act 1988 as respects licences of the description specified in paragraph (2) below.
2
The licences referred to in paragraph (1) are licences–
a
which authorise the driving of a class of vehicles corresponding to a class of vehicles included in licensing category A, B, B+E, F, K, or P, and
b
which has been granted by the licensing authority in South Africa–
i
to a person who has passed a driving test in South Africa, or
ii
by way of exchange for a licence granted in the United Kingdom, an EEA State other than the United Kingdom, a province or territory of Canada or a country of territory named in the Schedule below.
3
A licence of a description specified in paragraph (2) above shall be exchangeable only in so far as it authorises the driving of vehicles with automatic transmission if it was granted to a person who passed a driving test, whether in South Africa or in a country or territory mentioned in paragraph (2)(b)(ii) above, in a vehicle with automatic transmission notwithstanding that the licence authorises the driving in South Africa of vehicles with manual transmission.
Designation of Canadian provinces and territories
4
1
Subject to paragraph (3) below, each province and territory within the Dominion of Canada is designated under section 108(2)(b) of the Road Traffic Act 1988 as respects licences of the description specified in paragraph (2) below.
2
The licences referred to in paragraph (1) are licences–
a
which authorise the driving of a class of vehicles corresponding to a class of vehicles included in licensing category A, B, B+E, F, K or P, and
b
which have been granted by the licensing authority in that province or territory–
i
to a person who has passed a driving test in that province or territory, or
ii
by way of exchange for a licence granted in the United Kingdom, an EEA State other than the United Kingdom, South Africa or a country or territory named in the Schedule below.
3
A licence of a description specified in paragraph (2) above shall be exchangeable only in so far as it authorises the driving of vehicles with automatic transmission if it was granted to a person who passed a driving test, whether in Canada or in a country or territory mentioned in paragraph (2)(b)(ii) above, in a vehicle with automatic transmission notwithstanding that the licence authorises the driving in any province or territory of Canada of vehicles with manual transmission.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Larry Whitty
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
9th June 1999


text:
Citation and commencement
1
This Order may be cited as the Learning Together East Cleveland Education Action Zone Order 1999 and shall come into force on 10th January 2000.
Interpretation
2
In this Order —
“partners” means those persons listed in Schedule 1 to this Order; and
“zone school” means a school listed in Schedule 2 to this Order.
Constitution of education action zone
3
The schools listed in Schedule 2 to this Order shall constitute collectively an education action zone under the name of the Learning Together East Cleveland Education Action Zone (“the zone”) for the purposes of Chapter III of Part I of the School Standards and Framework Act 1998.
Education Action Forum
4
There shall be an Education Action Forum for the zone to be known as the Learning Together East Cleveland Education Action Forum (“the Forum”), the membership of which shall include —
a
one person appointed by the governing body of each zone school, unless any such governing body choose not to make such an appointment;
b
either one or two persons appointed by the Secretary of State; and
c
one person appointed by each partner, unless any partner chooses not to make such an appointment.
5
The Forum may at any time appoint additional members as follows —
a
up to two members from business;
b
up to two members nominated by the Redcar and Cleveland Strategic Partnership;
c
up to two parents of registered pupils attending zone schools;
d
one person from a professional teachers association to represent teachers working within zone schools;
e
one person representing the interests of the voluntary sector; and
f
two persons nominated by Redcar and Cleveland Borough Council (Education Department and Economy and Environment Department).
Disqualification for membership of the Forum
6
Articles 7 to 9 shall have effect for the purpose of prescribing the circumstances and cases in which a person is to be disqualified for holding, or continuing to hold, office as a member of the Forum.
Disqualification for membership of the Forum — bankruptcy etc.
7
1
Subject to the provisions of this article, a person shall be disqualified for holding, or for continuing to hold, office as a member of the Forum if he has been adjudged bankrupt or has made a composition or arrangement with his creditors; and a member, on becoming so disqualified, shall give written notice of the fact to the secretary to the Forum.
2
Where a person is disqualified by reason of his having been adjudged bankrupt, that disqualification shall cease —
a
unless the bankruptcy order made against that person is previously annulled, on his discharge from bankruptcy; and
b
if the bankruptcy order is so annulled, on the date of the annulment.
3
Where a person is disqualified by reason of his having made a composition or arrangement with his creditors and he pays his debts in full, the disqualification shall cease on the date on which the payment is completed and in any other case it shall cease on the expiration of three years from the date on which the terms of the deed of composition or arrangement are fulfilled.
Disqualification for membership of the Forum — criminal convictions
8
1
Subject to paragraph (2) a person shall be disqualified for holding, or for continuing to hold, office as a member of the Forum if —
a
within five years before his appointment would otherwise have taken effect or since his appointment, he has been convicted, whether in the United Kingdom or elsewhere, of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine;
b
within twenty years before his appointment would otherwise have taken effect, he has been convicted as aforesaid and has had passed on him a sentence of imprisonment for a period of more than two and a half years; or
c
he has at any time been convicted as aforesaid and has had passed on him a sentence of imprisonment of not less than five years.
2
For the purposes of this article there shall be disregarded any conviction by or before a court outside the United Kingdom of an offence in respect of conduct which, if it had taken place in any part of the United Kingdom, would not have constituted an offence under the law in force in that part of the United Kingdom.
Disqualification — absence from meetings
9
Any member of the Forum who, without the consent of the Forum, has failed to attend the meetings thereof for a continuous period of six months beginning with the date of a meeting shall, on the expiry of that period, be disqualified for continuing to be a member of the Forum without prejudice however, to his re-appointment.
Chairman’s tenure of office
10
The chairman of the Forum elected in accordance with paragraph 2 of Schedule 1 to the School Standards and Framework Act 1998, shall hold office for one year from the date of his election (unless he resigns his office earlier), without prejudice to his eligibility to be re-elected for a further such period.
Estelle Morris
Minister of State,
Department for Education and Employment
15th December 1999