text:
Citation
1
This Order may be cited as the Greater London Authority Act 1999 (Commencement No. 3 and Transitional Finance Provisions) Order 1999.
Provisions coming into force on 12th January 2000
2
The following provisions of the Greater London Authority Act 1999 shall come into force on 12th January 2000:–
section 81, subject to the transitional provisions set out in Table 1 of Schedule 1 to this Order
section 82(1) and (2), subject to the transitional provisions set out in Table 1 of Schedule 1 to this Order
section 82(3), in so far as it relates to the exercise of functions by the London Fire and Civil Defence Authority in respect of the financial year beginning on 1st April 2000 and subsequent years
section 83, subject to the transitional provisions set out in Table 1 of Schedule 1 to this Order
section 85, subject to the transitional provisions set out in Table 1 of Schedule 1 to this Order
section 86, in so far as it is not already in force, subject to the transitional provisions set out in Table 1 of Schedule 1 to this Order
section 88, in so far as it is not already in force, subject to the transitional provisions set out in Table 1 of Schedule 1 to this Order
section 89, in so far as it is not already in force, subject to the transitional provisions set out in Table 1 of Schedule 1 to this Order
section 90
section 91
section 92, subject to the transitional provisions set out in Table 1 of Schedule 1 to this Order
section 93, subject to the transitional provisions set out in Table 1 of Schedule 1 to this Order
section 97(1) and (2), subject to the transitional provisions set out in Tables 1 and 2 of Schedule 1 to this Order
section 99
section 100(1), (2), (3), (4) and (6)
section 101, subject to the transitional provisions set out in Tables 1 and 2 of Schedule 1 to this Order
section 102(1), (2), (3), (4), (6), (7), (8), subject to the transitional provisions set out in Table 1 of Schedule 1 to this Order
section 105, subject to the transitional provisions set out in Table 1 of Schedule 1 to this Order
section 106
section 107
section 136(1)
sections 170 to 172
sections 210 to 216
section 218
section 219
sections 225 to 239
section 258
section 260
section 272
section 298(1) and (2)
section 344
section 389
section 390
section 401
section 407
section 409 (and accordingly Schedule 31)
section 410
section 412
sections 414 to 419 (and accordingly Schedule 33)
section 421
section 422
section 423, in so far as it relates to the repeals in Schedule 34 set out in Table 1 in Schedule 2 to this Order
section 424, in so far as it is not already in force, subject to the transitional amendments set out in Table 2 of Schedule 1 to this Order
Provisions coming into force on 8th May 2000
3
The following provisions of the Greater London Authority Act 1999 shall come into force on 8th May 2000:–
section 127, in its application to the Authority
section 128, in its application to the Authority
section 129, in its application to the Authority
section 130, in its application to the Authority
section 131, in its application to the Authority
section 132, in its application to the Authority
section 133, in its application to the Authority
section 134
section 137
section 387, for the purposes of its application to the Authority
section 388, for the purposes of paragraph (a)
section 392, for the purposes of (3)(a)
section 393, for the purposes of its application to the Authority
Provisions coming into force on 3rd July 2000
4
The following provisions of the Greater London Authority Act 1999 shall come into force on 3rd July 2000:–
section 84
section 87 (and accordingly Schedule 6)
section 94, subject to the transitional provisions set out in Table 2 of Schedule 1 to this Order
section 95
section 96
section 97(3)
section 98 (and accordingly Schedule 7)
section 100(5)
section 102(5)
section 103
section 104
section 108
section 109
section 110
section 127, so far as it is not already in force
section 128, so far as it is not already in force
section 129, so far as it is not already in force
section 130, so far as it is not already in force
section 131, so far as it is not already in force
section 132, so far as it is not already in force
section 133, so far as it is not already in force
section 135
section 136(2) (and accordingly Schedule 9)
section 138
section 139
section 140
section 387, other than for the purposes of (3)(b), in so far as it is not already in force
section 388, in so far as it is not already in force
section 392, for the purposes of (3)(b)
section 393, to the extent that it is not in force
section 423, in so far as it relates to the repeals set out in Table 2 in Schedule 2 to this Order
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Keith Hill
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
21st December 1999


type: legislation

jurisdiction: UK

text:
1
These Regulations may be cited as the Local Authority (Stocks and Bonds) (Amendment) Regulations 1999 and shall come into force on the Monday after the day on which they are made.
2
Regulation 1(3) of the Local Authority (Stocks and Bonds) Regulations 1974 shall be amended–
a
by omitting the definition of “the CGO ”; and
b
in the definition of “CGO Service member”, by substituting for the words, “the Bank of England” the words “CRESTCo Limited (which is now responsible for operating the CGO Service)”.
Bob Ainsworth
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
20th May 1999


text:
1
This Order may be cited as the York Sixth Form College (Dissolution) Order 1999 and shall come into force on 1st April 1999.
2
On 1st April 1999 the Transferor shall be dissolved and all of its property, rights and liabilities shall be transferred to the Transferee, being a body corporate established for purposes which include the provision of educational facilities or services.
3
Section 26(2), (3) and (4) of the Act shall apply to any person employed by the Transferor immediately before 1st April 1999 as if the references in that section–
a
to a person to whom that section applies were to a person so employed;
b
to the operative date were to 1st April 1999;
c
to the transferor were to the Transferor; and
d
to the corporation were to the Transferee.
Tessa Blackstone
Minister of State,
Department for Education and Employment
28th January 1999


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Child Benefit (Northern Ireland Reciprocal Arrangements) Amendment Regulations 1999 and shall come into force on 1st September 1999.
2
In these Regulations, “the Principal Arrangements” means the arrangements contained in the Memorandum of Reciprocal Arrangements set out in Schedule 1 to the Child Benefit (Northern Ireland Reciprocal Arrangements) Regulations 1977 .
Modification of the Social Security Contributions and Benefits Act 1992, the Social Security Administration Act 1992 and the Social Security Act 1998 and variation of the Principal Arrangements
2
1
The provisions of the arrangements contained in the exchange of letters set out in the Schedule to these Regulations shall have effect so far as they relate to Great Britain, and the effect of the Principal Arrangements shall be varied in accordance with those provisions.
2
The Social Security Contributions and Benefits Act 1992 , the Social Security Administration Act 1992 and Chapter II of Part I of the Social Security Act 1998 , and regulations made or having effect as if made under any of those Acts so far as such regulations relate to Great Britain, shall have effect subject to such modifications as may be required for the purpose of giving effect to the provisions of the Principal Arrangements as amended by the provisions of the arrangements set out in the Schedule to these Regulations.
Signed by authority of the Secretary of State for Social Security.
Hugh Bayley
Parliamentary Under-Secretary of State,
Department of Social Security
5th August 1999


text:
Citation and commencement
1
This Order may be cited as the Planning and Compensation Act 1991 (Amendment of Schedule 18) Order 1999 and shall come into force on 1st April 1999.
Additions to provisions relating to interest on compensation
2
1
Schedule 18 to the Planning and Compensation Act 1991 shall be amended as follows.
2
In Part I (compensation provisions that do not provide for interest)–
a
after the entry relating to section 46 of the Ancient Monuments and Archaeological Areas Act 1979 there shall be inserted–
Section 35A(4) of the Environmental Protection Act 1990
In the case of so much of the compensation as is payable under section 35A–
by virtue of paragraph (a) or (b) of regulation 4 (compensation following grant of rights) of the Waste Management Licences (Consultation and Compensation) Regulations 1999: the date of the depreciation;
by virtue of paragraph (c), (d) or (e) of that regulation: the date on which the loss is sustained or the damage is done; or where injurious affection is sustained: the date of the injurious affection;
by virtue of paragraph (6) of regulation 7 (basis on which compensation assessed) of those Regulations: the date on which the expenses become payable.
3
In Part II (provisions that provide for interest), for “Rule 38 of the Lands Tribunal Rules 1975” there shall be substituted “Rule 32 of the Lands Tribunal Rules 1996 ”.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Alan Meale
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
9th March 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Hull and East Yorkshire Hospitals National Health Service Trust (Establishment) Order 1999 and shall come into force on 1st October 1999.
2
In this Order, unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“the trust” means the Hull and East Yorkshire Hospitals National Health Service Trust established by article 2 of this Order.
Establishment and name of the trust
2
There is hereby established an NHS trust which shall be called the Hull and East Yorkshire Hospitals National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act
2
The trust’s functions shall be to provide goods and services for the purposes of the health service at or from hospitals, establishments and facilities in the area of Hull and the East Riding of Yorkshire including at or from Castle Hill Hospital, Castle Road, Cottingham, East Yorkshire HU16 5QJ, The Hull Royal Infirmary, Anlaby Road, Hull HU3 2JZ and the Princess Royal Hospital, Salthouse Road, Hull HU8 9HE.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 executive directors and 6 non-executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st October 1999.
2
The accounting date of the trust shall be 31st March.
Restriction on disposal of assets
6
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
John Hutton
Parliamentary Under Secretary of State,
Department of Health
24th September 1999


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (South Wessex Downs) Designation (Amendment) Order 1999 and shall come into force on 15th June 1999.
Interpretation
2
In this Order, “the principal Order ” means the Environmentally Sensitive Areas (South Wessex Downs) Designation Order 1993 .
Amendment of the principal Order
3
The principal Order shall be amended in accordance with the following provisions of this Order.
4
In Schedule 2 to the principal Order (management activities), in Part I–
a
in paragraph 3, for “55” there shall be substituted “60”;
b
in paragraph 4(c), for “230” there shall be substituted “80”; and
c
after paragraph 8, there shall be inserted–
i
in column 1–
9
The reversion of arable land to permanent grassland.
; and
ii
in column 2, “230”.
5
In Part II of Schedule 2 to the principal Order, for “45” there shall be substituted “38”.
Saving
6
Articles 4 and 5 of this Order shall not apply in respect of any payment to a farmer which relates to any period before 1st May 1999.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
12th May 1999
We consent,
Jane Kennedy
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
13th May 1999


text:
Commencement and citation
1
This Order may be cited as The London Borough of Barnet (Trunk Roads) Red Route (Priority Traffic Lanes) Experimental Traffic Order 1999, and shall come into force on 9th April 1999.
Interpretation
2
In this Order–
a
a reference to an article followed by a number is a reference to the article of this Order so numbered;
b
causing includes permitting;
c
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
d
“vehicle” includes part of a vehicle;
e
“bus”, “local bus”, “pedal cycle”, “taxi”, “goods vehicle”, “maximum gross weight”, “traffic lane”, “contra-flow” and “with-flow lane” have the meanings given in the Traffic Signs Regulations and General Directions 1994 ;
f
“priority traffic lane” means a traffic lane on a length of road which is specified in column (2) in the table in the schedule to this Order and in respect of which traffic signs are in place indicating the controls specified in this Order;
g
“dial-a-ride bus” means a vehicle–
i
displaying so as to be conspicuous on the outside of the vehicle a logo in a form approved by or with the authority of the Traffic Director for London and containing the words “dial-a-ride”; and
ii
constructed or adapted for the carriage of disabled persons and their companions and which is being used to provide a service for the carrriage of such persons;
h
“times of operation” means, in relation to a priority traffic lane on a length of road specified in an item in column (2) of the table in the schedule to the Order, the times specified in that item in column (3) of that table;
i
an entry in column (3) , (4) or (5) of an item in the table in the schedule to the Order applies to that column in subsequent items in the schedule.
Priority Traffic Lane Controls
3
Except as provided in article 4, no person shall cause a vehicle to be in a priority traffic lane in a length of road specified in an item in column (2) of the table in the schedule to this Order during the times specified in that item in column (3) of that item unless that vehicle is proceeding in the direction specified in column (4) of that item and is of a type specified in column (5) of that item.
Exemptions
4
1
The controls specified in article 3 do not apply in respect of a vehicle which is being used for a purpose which is within an exemption to a restriction or prohibition imposed by any other Order or which is permitted by any other Order.
2
The controls specified in article 3 do not apply so as to prevent a vehicle being in a priority traffic lane if and for as long as necessary–
a
to enable a person to get on or off the vehicle; or
b
to enable goods to be loaded on to or unloaded from the vehicle;
if and in so far as the activity is not prohibited by the provisions of any other Order.
3
The controls specified in article 3 do not apply in respect of a vehicle being in a priority traffic lane if the vehicle is being used in–
a
the service of a local authority for the purpose of collecting refuse;
b
the pursuance of any statutory duty of the Post Office for the purpose of collection or delivering letters provided the vehicle bears the Royal Mail livery;
c
connection with the removal of any obstruction to traffic;
d
connection with the maintenance, improvement or reconstruction of any road;
e
connection with the maintenance, improvement or construction of any street furniture including bus stop infrastructure;
f
connection with any building operation or demolition;
g
connection with the laying, erection, alteration or repair in or near the priority traffic lane of any sewer or of any main, pipe or apparatus for the supply of gas, water or electricity, or of any telecommunications apparatus as defined in paragraph 1(1) of the Schedule 2 of the Telecommunications Act 1984 ;
if the vehicle cannot be used for that purpose without being in the priority traffic lane and in so far as the activity is not prohibited by the provisions of any other Order.
4
The controls specified in article 3 do not apply in respect of a vehicle being in a priority traffic lane–
a
so as to avoid an accident;
b
to allow a person to get or give help in consequence of an accident or emergency or otherwise take action for public safety;
c
to such an extent and for such a time as is needed to comply with any requirement resulting from works or an emergency in any part of the road adjoining the priority traffic lane;
d
if it is being used for ambulance, fire brigade or police purposes.
5
The controls specified in article 3 do not apply in respect of–
a
a vehicle crossing a priority traffic lane to get to or from any road adjacent to the priority traffic lane or any stopping box or in adjacent to the priority traffic lane or any vehicular access to premises adjacent to the priority traffic lane;
b
anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Power to modify or suspend this Order
5
If it appears to the Traffic Director for London, or some person authorised by him, essential in the interests of the expeditious, convenient and safe movement of traffic, or of the provision of suitable and adequate parking facilities on the highway, or for preserving or improving the amenities of the area through which any road affected by this Order runs, and after consulting with the Commissioner of Police of the Metropolis, he may modify or suspend any provision of this Order, save that no modification shall make an addition.
Signed in accordance with a direction from the Secretary of State
Derek Turner
Traffic Director for London
29th March 1999


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Contributions) Amendment Regulations 1999 and shall come into force–
a
for the purposes of regulation 3, on 6th April 1999 immediately after the coming into force of regulation 8 of The Social Security (Contributions and Credits) (Miscellaneous Amendments) Regulations 1999 ;
b
for all other purposes, on 6th April 1999.
2
In these Regulations “the principal Regulations ” means the Social Security (Contributions) Regulations 1979 .
Amendment of regulation 1 of the principal Regulations
2
In regulation 1(2) of the principal Regulations (interpretation) at the appropriate place in the alphabetical order, insert–
“non-cash voucher” has the meaning assigned to it in section 141(7) of the Income and Corporation Taxes Act 1988 ;
.
Amendment of regulation 18 of the principal Regulations
3
1
Regulation 18 of the principal Regulations (calculation of earnings) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (8) after sub-paragraph (b), insert–
c
any non-cash voucher not falling within Schedule 1C to these Regulations and which falls within paragraph 9B of Schedule 1A to these Regulations (assets not to be disregarded as payments under regulation 19(1)(d)) which is not capable of being exchanged for a readily convertible asset ,
.
3
In paragraph (9) for sub-paragraphs (a) and (b), substitute–
a
any payment by way of the conferment of a beneficial interest in any asset falling within Schedule 1A to these Regulations which is a readily convertible asset;
b
any payment by way of any–
i
voucher falling within paragraph 9B of that Schedule (any voucher capable of being exchanged for an asset falling within paragraphs 1 to 9ZB thereof) where the asset for which it is capable of being exchanged is a readily convertible asset;
ii
non-cash voucher not falling within Schedule 1C to these Regulations (whether or not also falling within paragraph 9B of Schedule 1A to these Regulations) which is capable of being exchanged for a readily convertible asset,
.
4
In paragraph (10) –
a
in sub-paragraph (a) for “(9)(a)(i)”, substitute “(9)(a)”;
b
in sub-paragraph (c) for “(9)(a)(ii)”, substitute “(9)(b)”.
5
After paragraph (21) , add–
22
The amount of earnings which is comprised in any payment by way of a non-cash voucher not falling within Schedule 1C to these Regulations or paragraph (8) or (9) of this regulation and which falls to be taken into account in the computation of a person’s earnings (“the employed earner”) shall, for the purposes of earnings-related contributions, be calculated or estimated on the basis of an amount equal to the expense incurred (“the chargeable expense”)–
a
by the person at whose cost the voucher and the money, goods or services for which it is capable of being exchanged are provided;
b
in, or in connection with, that provision,
and any money, goods or services obtained by the employed earner or any other person in exchange for the voucher shall be disregarded.
23
For the purposes of paragraph (22) of this regulation–
a
the chargeable expense shall be reduced by any part of that expense made good to the person incurring it by the employed earner;
b
in the case of a non-cash voucher which can only be exchanged for meals which exceeds the limits specified in paragraph (9) of Schedule 1C to these Regulations, the chargeable expense shall be reduced by the amount by which (if at all) it exceeds the face value of such a voucher or vouchers.
24
The amount of earnings which is comprised in any payment by way of a cash or a non-cash voucher provided to or for the benefit of two or more persons (“employed earners”) and which falls to be taken into account in the computation of each of those employed earner’s earnings shall, for the purposes of earnings-related contributions, be calculated or estimated on the basis of–
a
where those respective proportions are known at the time of the payment, separate payments of the chargeable expense equal to the proportion of the benefit of the voucher to which they are each respectively entitled;
b
where the proportion of the benefit of the voucher to which each of them is entitled respectively is not known at the time of the payment, an equal part thereof.
25
For the purposes of paragraph (24) of this regulation–
a
“the chargeable expense” means the chargeable expense calculated in accordance with paragraph (22) of this regulation;
b
where an employed earner makes good any part of the chargeable expense to the person incurring it, the chargeable expense in relation to that employed earner shall be reduced by that part.
.
Amendment of regulation 19 of the principal Regulations
4
In regulation 19(5) of the principal Regulations (which specifies payments which are not to be regarded as payments in kind to be disregarded in the computation of earnings) after sub-paragraph (b), add–
c
a non-cash voucher not falling within Schedule 1C to these Regulations.
.
Insertion of Schedule 1C into the principal Regulations
5
After Schedule 1B to the principal Regulations (readily convertible assets not to be disregarded as payments under regulation 19(1)(d)) , insert the new Schedule 1C as set out in the Schedule to these Regulations.
Signed by authority of the Secretary of State for Social Security.
Stephen C. Timms
Minister of State,
Department of Social Security
5th March 1999


text:
Citation and commencement
1
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (City of Manchester) Order 1999.
2
Paragraph 4 of Schedule 2 and article 5, so far as it relates to that paragraph, shall come into force on 16th February 1999 and the remainder of this Order shall come into force on 5th April 1999.
Interpretation
2
In this Order–
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
This Order applies to the City of Manchester excluding–
a
all trunk roads in the City;
b
the lengths of road described in Part I of Schedule 1 to this Order; and
c
that part of the City described in Part II of Schedule 1.
Designation of permitted parking area and special parking area
4
The Secretary of State hereby designates the area to which this Order applies as–
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 2 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 3 to this Order.
Signed by authority of the Secretary of State
Glenda Jackson
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
23rd January 1999


text:
Title and commencement
1
This Order may be cited as the Sea Fishing (Enforcement of Community Quota Measures) Order 1999 and shall come into force on 18th March 1999.
Interpretation
2
1
In this Order–
“British fishing boat” means a boat which is registered in the United Kingdom, the Isle of Man or any of the Channel Islands;
“the Council Regulation” means Council Regulation ( EC ) No. 48/1999 fixing, for certain fish stocks and groups of fish stocks, the total allowable catches for 1999 and certain conditions under which they may be fished ;
“Council Regulation 2241/87” means Council Regulation ( EEC ) No. 2241/87 establishing certain control measures for fishing activities ;
“Council Regulation 2847/93” means Council Regulation (EEC) No. 2847/93 establishing a control system applicable to the common fisheries policy ;
“specified Community provision” means a provision of the Council Regulation specified in column 1 of the Schedule to this Order as read with any qualifying words relating to that provision in that column.
2
Any reference in this Order to a Community instrument is a reference to that instrument as amended on the date this Order is made.
3
In this Order any reference to a document includes, in addition to a document in writing–
a
any map, plan, graph or drawing;
b
any photograph;
c
any disk, tape, sound track or other device in which sounds or other data are recorded so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; and
d
any film (including microfilm), negative, tape, disk or other device in which one or more visual images are recorded so as to be capable (as aforesaid) of being reproduced therefrom.
4
For the purpose of the prohibition contained in Article 8 of the Council Regulation the harbours at which a fishing boat to which this Order applies may land catches of fish containing unsorted herring are–
a
Aberdeen;
b
Lerwick;
c
any other harbour within British fishery limits whose sampling systems a British sea-fishery officer at that harbour decides, having regard to the overall size and characteristics of the catch, to be adequate for the purpose following application by the master of the boat to a British sea-fishery officer at that harbour before the landing of the catch,
and where a British sea-fishery officer has made a decision as to the adequacy of a harbour in accordance with sub-paragraph (c) above he shall notify the master of the boat accordingly.
Offences
3
Where there is, in respect of–
a
any British fishing boat wherever it may be; or
b
any other fishing boat which is within British fishery limits,
a contravention of, or failure to comply with, any specified Community provision, the master, the owner and the charterer (if any) shall each be guilty of an offence.
Penalties
4
1
A person guilty of an offence under article 3 of this Order shall be liable on summary conviction–
a
to a fine not exceeding the amount specified in column 3 of the Schedule to this Order in relation to the specified Community provision, the contravention of, or failure to comply with which, founded the offence; and
b
either–
i
to a fine not exceeding the value of any fish in respect of which the offence was committed; or
ii
to the forfeiture of any fish in respect of which the offence was committed; and
c
to the forfeiture of any net or other fishing gear which was used in the course of the commission of the offence.
2
A person guilty of an offence under article 3 of this Order shall be liable on conviction on indictment–
a
to a fine; and
b
to the forfeiture of any fish in respect of which the offence was committed; and
c
to the forfeiture of any net or other fishing gear which was used in the course of the commission of the offence.
Recovery of fines
5
1
Where a fine is imposed by a magistrates' court in England and Wales or Northern Ireland on the master, owner or charterer of a fishing boat who is convicted by the court of an offence under article 3 or 10 of this Order, the court may–
a
issue a warrant of distress against the boat and its gear and catch and any property of the person convicted for the purpose of levying the amount of the fine; and
b
order the boat to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid or the amount of the fine is levied in pursuance of any such warrant, whichever occurs first.
2
Where a fine is imposed by a sheriff in Scotland on the master, owner or charterer of a fishing boat who is convicted by the sheriff of an offence under article 3 of this Order, the sheriff may–
a
issue a warrant for the arrestment and sale of the boat and its gear and catch and any property of the person convicted; and
b
order the boat to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid, whichever occurs first.
3
Sections 77(1) and 78 of the Magistrates' Courts Act 1980 (postponement of issue of, and defects in, warrants of distress) shall apply to a warrant of distress issued under this article in England and Wales as they apply to a warrant of distress issued under Part III of that Act.
4
Articles 114(2) and 154 of the Magistrates' Courts (Northern Ireland) Order 1981 (postponement of issue of certain warrants and objections as to want of form or variance between complaint etc. and evidence adduced) shall apply to a warrant of distress issued under this article in Northern Ireland as it applies to a warrant referred to in those articles.
Powers of British sea-fishery officers in relation to fishing boats
6
1
For the purpose of enforcing article 3 of this Order a British sea-fishery officer may exercise in relation to–
a
any British fishing boat wherever it may be; or
b
any other fishing boat which is within British fishery limits,
the powers conferred by paragraphs (2) to (4) of this article.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and may require the boat to stop and do anything else which will facilitate either the boarding of, or the disembarkation from, the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) of this article and, in particular–
a
may search for fish or fishing gear on the boat and may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to any fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession;
c
for the purpose of ascertaining whether an offence has been committed under article 3 of this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search including rendering all documents on the boat’s computer systems into a visible and legible form;
d
inspect and take copies of any such document produced to him or found on board and, where any such document is kept by means of a computer, require it to be produced in a form in which it may be taken away; and
e
where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in sub-paragraph (e) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that an offence under article 3 of this Order has at any time been committed, he may–
a
require the master of the boat in relation to which the offence took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
Powers of British sea-fishery officers on land
7
1
For the purpose of enforcing the provisions of article 3 of this Order, any British sea-fishery officer may–
a
enter and inspect at any reasonable time any premises used for carrying on any business in connection with the operation of fishing boats or activities connected therewith or ancillary thereto or with the treatment, storage or sale of sea fish;
b
take with him such other persons as appear to him to be necessary and any equipment or materials;
c
examine any fish on the premises and require persons on the premises to do anything which appears to him to be necessary for facilitating the examination;
d
carry out at such premises such other inspections or tests as may reasonably be necessary;
e
require any person not to remove or cause to be removed any fish from such premises for such a period as may be reasonably necessary for the purposes of establishing whether an offence under article 3 of this Order has at any time been committed;
f
require any person on the premises to produce any documents which are in his custody or possession relating to the catching, landing, transportation, trans-shipment, sale or disposal of any sea fish;
g
for the purpose of ascertaining whether any person on the premises has committed an offence under article 3 of this Order, search the premises for any such document and may require any person on the premises to do anything which appears to him to be necessary for facilitating the search including rendering all documents on computer systems into a visible and legible form;
h
inspect and take copies of any such document produced to him or found on the premises and, where any such document is kept by means of a computer, require it to be produced in a form in which it may be taken away; and
i
if he has reason to suspect that such an offence has been committed, seize and detain any such document produced to him or found on the premises for the purpose of enabling the document to be used as evidence in proceedings for the offence.
2
The provisions of paragraph (1) above shall apply mutatis mutandis in relation to any land used in connection with any of the activities described in paragraph (1) above, or in respect of any vehicle which a British sea-fishery officer has reasonable cause to believe is being used to transport fisheries products, as they apply in relation to premises and, in the case of a vehicle, shall include power to require the vehicle to stop at any time and, if necessary, direct the vehicle to some other place to facilitate the inspection.
Powers of British sea-fishery officers to seize fish and fishing gear
8
A British sea-fishery officer may seize–
a
any fish (including any receptacle which contains the fish) in respect of which he has reasonable grounds to suspect that an offence under article 3 of this Order has been committed; and
b
any net or other fishing gear which he has reasonable grounds to suspect has been used in the course of the commission of such an offence.
Protection of officers
9
An officer or a person assisting him by virtue of article 6(2) or 7(1)(b) of this Order shall not be liable in any civil or criminal proceedings for anything done in the purported exercise of the powers conferred on him by articles 6 to 8 of this Order if the court is satisfied that the act was done in good faith, that there were reasonable grounds for doing it and that it was done with reasonable skill and care.
Obstruction of officers
10
Any person who–
a
fails without reasonable excuse to comply with any requirement imposed by a British sea-fishery officer under the powers conferred on British sea-fishery officers by articles 6 and 7 of this Order;
b
without reasonable excuse prevents, or attempts to prevent, any other person from complying with any such requirement; or
c
assaults an officer who is exercising any of the powers conferred on British sea-fishery officers by articles 6 to 8 of this Order or intentionally obstructs any such officer in the exercise of any of those powers,
shall be guilty of an offence and liable–
i
on summary conviction to a fine not exceeding the statutory maximum; or
ii
on conviction on indictment to a fine.
Provisions as to offences and proceedings
11
1
Where any offence under article 3 of this Order committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or a person purporting to act in any such capacity, he as well as the body corporate shall be guilty of the offence and liable to be proceeded against and punished accordingly.
2
Where any offence under article 3 of this Order committed by a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of the offence and liable to be proceeded against and punished accordingly.
3
Where any offence under article 3 of this Order committed by an unincorporated association (other than a partnership) is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any officer of the association or any member of its governing body, he as well as the association shall be guilty of the offence and liable to be proceeded against and punished accordingly.
4
Proceedings for an offence under the provisions of this Order may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.
Admissibility in evidence of logbooks and other documents
12
Any document kept or held on board under Article 5 of Council Regulation 2241/87 or Article 6 or 17.2 of Council Regulation 2847/93, any declaration submitted under Article 8.1, 12 or 17.2 of Council Regulation 2847/93 and any document drawn up under Article 9 or 13 of Council Regulation 2847/93 shall, in any proceedings for an offence under this Order–
a
in England, Wales or Northern Ireland, be evidence of the matters stated therein; and
b
in Scotland, be received in evidence without being produced or sworn to by any witness and shall be sufficient evidence of the matters stated therein.
Amendment of the Sea Fishing (Enforcement of Community Conservation Measures) Order 1997
13
In article 2(1) of the Sea Fishing (Enforcement of Community Conservation Measures) Order 1997 for the definition of “the Council Regulation” there shall be substituted the following new definition:
“the Council Regulation” means Council Regulation (EC) No. 894/97 laying down certain technical measures for the conservation of fishery resources as read with Council Regulation (EC) No. 48/1999 fixing, for certain fish stocks and groups of fish stocks, the total allowable catches for 1999 and certain conditions under which they may be fished .
.
Revocation
14
The Sea Fishing (Enforcement of Community Quota Measures) Order 1998 is hereby revoked.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
22nd February 1999
Calum MacDonald
Parliamentary Under Secretary of State, Scottish Office
23rd February 1999
Signed by authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under Secretary of State, Welsh Office
22nd February 1999
Marjorie Mowlam
Secretary of State for Northern Ireland
21st February 1999


text:
Title and commencement
1
1
This Order may be cited as the Sea Fish (Specified Sea Area) (Regulation of Nets and Prohibition of Fishing Methods) (Variation) Order 1999, and shall come into force on 15th February 1999.
Variation
2
1
The Sea Fish (Specified Sea Area) (Regulation of Nets and Prohibition of Fishing Methods) Order 1989 shall be varied in accordance with the following paragraphs of this article.
2
In paragraph (1)(a) of article 2 for the words “65 millimetres” there shall be substituted the words “71 millimetres”.
3
For paragraph (b) of article 3 there shall be substituted the following new paragraph:
b
The carriage of drift nets, beach seines, and ring nets or the use of such nets where they are attended in that area of sea bounded by a line beginning at the southernmost point of Portland Bill (002°27'18" west longitude); thence due south to 050°30'00" north latitude; thence due east to 000°47'06" west longitude; thence due north to the southernmost tip of Selsey Bill.
.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
12th January 1999
Sewel
Parliamentary Under Secretary of State, Scottish Office
14th January 1999
Signed by authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under Secretary of State, Welsh Office
12th January 1999
Marjorie Mowlam
Secretary of State for Northern Ireland
12th January 1999


text:
Citation and commencement
1
This Order may be cited as the Social Security Revaluation of Earnings Factors Order 1999 and shall come into force on 26th May 1999.
Revaluation of earnings factors
2
The earnings factors for tax years specified in the Schedule to this Order, in so far as they are relevant –
a
to the calculation–
i
of the additional pension in the rate of any long-term benefit; or
ii
of any guaranteed minimum pension; or
b
to any other calculation required under Part III of the Pension Schemes Act 1993 (including that Part as modified by or under any other enactment),
are directed to be increased for those tax years by the percentage of their amount shown opposite those tax years in that Schedule.
Rounding of fractional amounts
3
Where any earnings factor relevant to the calculation specified in article 2(a)(i) of this Order, as increased in accordance with this Order, would not but for this article be expressed as a whole number of pounds, it shall be so expressed by the rounding down of any fraction of a pound less than one half and the rounding up of any other fraction of a pound.
Signed by authority of the Secretary of State for Social Security.
Stephen C. Timms
Minister of State,
Department of Social Security
27th April 1999


text:
1
This Order may be cited as the Funding Agency for Schools Dissolution Order 1999 and shall come into force on 1st November 1999.
2
The Secretary of State hereby specifies 1st November 1999 as the date on which the Funding Agency for Schools shall be dissolved.
Jacqui Smith
Parliamentary Under Secretary of State,
Department for Education and Employment
6th October 1999


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Primary Care Trusts (Consultation on Establishment, Dissolution and Transfer of Staff) Regulations 1999 and shall come into force on 8th September 1999.
2
In these Regulations–
“ the Act ” means the National Health Service Act 1977;
“the 1990 Act ” means the National Health Service and Community Care Act 1990;
“the 1997 Act ” means the National Health Service (Primary Care) Act 1997 ;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the Act and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“health care professional” means–
a medical or dental practitioner;
a registered nurse, midwife or health visitor;
a registered pharmacist;
an ophthalmic optician, other than a body corporate, enrolled in the list kept under section 9 of the Opticians Act 1989 ;
a person who is registered as a member of a profession to which the Professions Supplementary to Medicine Act 1960 extends;
a registered osteopath as defined by section 41 of the Osteopaths Act 1993 ; or
a registered chiropractor as defined by section 43 of the Chiropractors Act 1994 ;
“Part II services” means general medical services, general dental services, general ophthalmic services or pharmaceutical services under the Act;
“practice patient” means–
in relation to a medical practitioner who practises otherwise than in partnership, an individual who is on that practitioner’s list of patients (or, if that practitioner and one or more other medical practitioners together have a single list of patients in connection with a pilot scheme under the 1997 Act , an individual who is on that single list);
in relation to a medical practitioner who is one of two or more practitioners who practise in partnership with each other, an individual who is on the list of patients of any of those practitioners (or, if any of those practitioners together have a single list of patients in connection with a pilot scheme under the 1997 Act, an individual who is on that single list);
“Primary Care Group” means a committee appointed under regulation 14(1) of the Health Authorities (Membership and Procedure) Regulations 1996 in accordance with the Secretary of State’s directions of 15th October 1998 and exercising functions in accordance with the Secretary of State’s directions of 25th March 1999 ;
“private carer” means, in relation to the provision of care, a person who is not employed to provide the care in question by any body in the exercise of its functions under any enactment;
“relevant Health Authority” means, in relation to a medical practitioner, a Health Authority which is construed as the relevant Health Authority in accordance with section 15(1B) and (1BA) of the Act ;
“relevant Primary Care Trust” means, in relation to a medical practitioner, the Primary Care Trust–
which is in the area of the Health Authority which is the practitioner’s relevant Health Authority, and
in whose area live the largest number of the practice patients who are resident in the area of that authority;
“staff representatives” means–
in the case of an order under paragraph 20(1) of Schedule 5A of the Act (transfer of property etc. on dissolution of a Primary Care Trust) , such persons as the Primary Care Trust which is to be dissolved may recognise as representing persons who are employed by that Trust and who are, in its opinion, likely to be affected by the order;
in the case of an order under paragraph 23(1) of Schedule 5A of the Act (transfer of staff to a Primary Care Trust), such persons as the Health Authority, NHS trust, or Primary Care Trust from which employees are to be transferred may recognise as representing those employees who are, in their opinion, likely to be affected by the order.
3
In these Regulations, unless the context otherwise requires, any reference to a numbered regulation is a reference to the regulation bearing that number in these Regulations, and any reference in a regulation to a numbered paragraph is a reference to the paragraph bearing that number in the regulation.
Consultation requirements for PCT orders
2
1
Before the Secretary of State may make a PCT order establishing a Primary Care Trust the Health Authority within whose area the Primary Care Trust is to be established must–
a
refer the proposal to establish the Primary Care Trust to any of the authority’s Primary Care Groups which exercise functions in relation to persons for whom the Primary Care Trust will be responsible, other than a Primary Care Group which has initiated or formulated the proposal, for them to consider and make recommendations; and
b
consult the persons to which paragraph (2) applies.
2
The persons referred to in paragraph (1)(b) are–
a
any Community Health Council within whose area falls, wholly or partly, the area of the Primary Care Trust to be established;
b
any local authority whose area falls wholly or partly within the area of the Primary Care Trust to be established;
c
any NHS trust which provides community health services to the persons for whom the Primary Care Trust is to be responsible, except where the level of services is, in the opinion of the Health Authority, not significant;
d
the Local Medical Committee for the area of the Health Authority, and such other bodies, if any, as appear to the Health Authority to be appropriate to represent those health care professionals–
i
providing, or assisting the provision of, Part II services or community health services; or
ii
performing, or assisting the performance of, services in connection with a pilot scheme under the 1997 Act,
for the benefit of persons for whom the Primary Care Trust is to be responsible;
e
such voluntary organisations as appear to the Health Authority to be appropriate to represent–
i
the interests of persons who are provided with services under the 1977 Act and for whom the Primary Care Trust is to be responsible; or
ii
the interests of private carers who provide care to such persons;
f
such other persons as the Health Authority consider appropriate.
3
For the purposes of this regulation, the persons for whom a Primary Care Trust is to be responsible are–
a
the practice patients of the medical practitioners providing general medical services under the Act, or performing personal medical services in connection with a pilot scheme under the 1997 Act, in respect of whom the trust will be the relevant Primary Care Trust;
b
those usually resident in the area for which the trust is to be established and who are not practice patients of any medical practitioner providing general medical services under the Act or performing personal medical services in connection with a pilot scheme under the 1997 Act.
Consultation on amendment of a PCT order or dissolution
3
1
Subject to paragraph (3), before the Secretary of State may make an order under section 16A(2) (PCT orders), which has the effect of–
a
removing, wholly or partly, any restriction or prohibition in a PCT order which prevents a Primary Care Trust from providing services directly to patients in the exercise of functions conferred on it under section 17A(1) of the Act (Health Authorities' directions: distribution of functions) ;
b
changing the area of a Primary Care Trust, unless it appears to the Secretary of State that the change is not sufficiently significant to require consultation; or
c
dissolving a Primary Care Trust,
the Health Authority in whose area the trust is established must consult the persons to which paragraph (4) applies.
2
Before the Secretary of State may make an order under section 16A(2), other than an order establishing a Primary Care Trust or an order in the circumstances to which paragraph (1) applies, the Health Authority must consult the Primary Care Trust in respect of which the order is to be made.
3
If it appears to the Secretary of State necessary to dissolve a Primary Care Trust as a matter of urgency, the consultation requirements imposed by paragraph (1) shall not apply.
4
The persons referred to in paragraph (1) are–
a
the Community Health Council within whose area falls, wholly or partly, the area of the Primary Care Trust;
b
any local authority whose area falls wholly or partly within the area of the Primary Care Trust;
c
any NHS trust which provides community health services to the persons for whom the Primary Care Trust is responsible, except where the level of services is, in the opinion of the Health Authority, not significant;
d
the Local Medical Committee for the area of the Health Authority, and such other bodies, if any, as appear to the Health Authority to be appropriate to represent those health care professionals–
i
providing, or assisting the provision of, Part II services or community health services; or
ii
performing, or assisting the performance of, services in connection with a pilot scheme under the 1997 Act,
for the benefit of persons for whom the Primary Care Trust is responsible;
e
such voluntary organisations as appear to the Health Authority to be appropriate to represent–
i
the interests of persons who are provided with services under the 1977 Act and for whom the Primary Care Trust is responsible; or
ii
the interests of private carers who provide care to such persons;
f
such other persons as the Health Authority consider appropriate.
5
For the purposes of this regulation, the persons for whom a Primary Care Trust is responsible are–
a
the practice patients of the medical practitioners providing general medical services under the Act, or performing personal medical services in connection with a pilot scheme under the 1997 Act, in respect of whom the trust is the relevant Primary Care Trust;
b
those usually resident in the area for which the trust is established and who are not practice patients of any medical practitioner providing general medical services under the Act or performing personal medical services in connection with a pilot scheme under the 1997 Act.
Consultation on staff transfers
4
1
Before the Secretary of State may make an order under paragraph 20(1) of Schedule 5A to the Act (transfer of property etc. on dissolution of a Primary Care Trust) the Health Authority in whose area the Primary Care Trust to be dissolved is established must consult staff representatives.
2
Before the Secretary of State may make an order under paragraph 23(1) of Schedule 5A to the Act (transfer of staff to a Primary Care Trust) the Health Authority in whose area the Primary Care Trust to which employees are to be transferred is established must consult staff representatives.
Reporting the results of consultation
5
Within the period of 14 days beginning on the date on which a consultation required by these Regulations ends, or such longer period as the Secretary of State may determine, the Health Authority must–
a
send to the Secretary of State any written documentation published by the Authority for the purposes of the consultation, and such other documents or information as the Secretary of State may require;
b
report the results of the consultation to the Secretary of State and provide copies of any written responses to the consultation; and
c
advise the Secretary of State on whether he should make the order.
Combination of consultations
6
1
Where the Secretary of State proposes to make–
a
an order establishing a Primary Care Trust or an order which has the effect set out in regulation 3(1)(a) above; and
b
an order under paragraph 23(1) of Schedule 5A to the Act transferring employees of a Health Authority, NHS trust or other Primary Care Trust to that Trust,
the consultation required by regulation 4(2) may be combined with the consultation required by regulation 2 or, as the case may be, regulation 3.
2
Where the Secretary of State proposes to make–
a
an order dissolving a Primary Care Trust; and
b
an order under paragraph 20(1) of Schedule 5A to the Act transferring the property, rights and liabilities of the Trust to be dissolved,
the consultation required by regulation 4(1) may be combined with the consultation required by regulation 3.
3
Where the Secretary of State proposes to make–
a
a PCT order establishing a Primary Care Trust;
b
an order dissolving a Primary Care Trust; and
c
an order under paragraph 20(1) of Schedule 5A to the Act transferring the property, rights and liabilities of the Trust to be dissolved to the Trust to be established by the order referred to in paragraph (a),
the consultations required by regulations 2, 3 and 4(1) may be combined.
4
Subject to paragraph (6), where the Secretary of State proposes to make–
a
a PCT order establishing a Primary Care Trust;
b
an order under paragraph 29 of Schedule 2 to the 1990 Act dissolving an NHS trust; and
c
an order under paragraph 30 of Schedule 2 to the 1990 Act transferring the property, rights and liabilities of the NHS trust to be dissolved to the Primary Care Trust to be established, the consultation required by regulation 2 may be combined with the consultations required by regulation 2(4) and (6) of the National Health Service Trusts (Consultation on Establishment and Dissolution) Regulations 1996 .
5
Subject to paragraph (6), where the Secretary of State proposes to make–
a
an order under section 5(1) of the 1990 Act establishing an NHS trust;
b
an order dissolving a Primary Care Trust; and
c
an order under paragraph 20(1) of Schedule 5A to the Act transferring the property, rights and liabilities of the Primary Care Trust to be dissolved to the NHS trust to be established,
the consultations required by regulations 3 and 4(1) may be combined with the consultation required by regulation 2(1) of the National Health Service Trusts (Consultation on Establishment and Dissolution) Regulations 1996.
6
Paragraphs (4) and (5) apply only if the Secretary of State has directed the Health Authority in whose area the Primary Care Trust is to be established to conduct the consultation required by the National Health Service Trusts (Consultation on Establishment and Dissolution) Regulations 1996.
7
If–
a
a Health Authority is required to consult by regulation 3(1), otherwise than in respect of an order dissolving a Primary Care Trust; and
b
the proposal which is to form the subject matter of that consultation constitutes, or forms part of, a proposal for a substantial development or variation in the health service in respect of which the Authority is required to consult under regulation 18(1) of the Community Health Council Regulations 1996 ,
the Authority may combine the consultation required by regulation 3(1) of these Regulations with the consultation required by regulation 18(1) of those Regulations.
Signed by authority of the Secretary of State for Health
John Hutton
Parliamentary Under Secretary of State,
Department of Health
18th August 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the European Communities (Designation) (No. 3) Order 1999 and shall come into force on 15th November 1999.
2
In this Order —
“ the Act ” means the European Communities Act 1972,
“the Assembly” means the National Assembly for Wales, and
“regulations” means regulations made pursuant to section 2(2) of the European Communities Act 1972.
Designation of Ministers or government departments
2
1
For the purposes of section 2(2) of the Act, the Ministers or government departments specified in column (1) of Schedule 1 to this Order are designated in relation to the matters specified in column (2) of that Schedule.
2
Where a Minister or government department is designated in relation to any matter in column (2) of Schedule 1, then for the purposes of section 2(2) of the Act, that Minister or government department is hereby designated in relation to anything supplemental or related to that matter.
3
Where more than one Minister or government department is designated by this Order in relation to any matter, any of them may make regulations and, if regulations are made by more than one, they may do so jointly.
4
Regulations made by a Northern Ireland department in pursuance of this Order, that are not made jointly with a Minister, shall form part of the law of Northern Ireland and not of any other part of the United Kingdom.
Designation of the National Assembly for Wales
3
1
For the purposes of section 2(2) of the Act the Assembly is designated in relation to the matters specified in Schedule 2 to this Order.
2
Regulations made by the Assembly shall —
a
comply with the restrictions and conditions provided in Schedule 2, and
b
apply in relation to Wales only, subject as provided in Schedule 2.
3
Where the Assembly is designated in relation to the matters specified in Schedule 2, then for the purposes of section 2(2) of the Act, it is hereby designated in relation to anything supplemental or related to that matter.
4
Where the Assembly is designated by this Order in relation to any matter, for which any Minister or government department has been designated by this or any other Order for the purposes of section 2(2) of the Act, any of them may, subject as provided in Schedule 2, make regulations and, if regulations are made by more than one, they may do so jointly.
Revocations
4
Schedule 3 (which contains revocations of superseded designations) has effect.
A. K. Galloway
Clerk of the Privy Council


text:
1
This Order may be cited as the A1 Trunk Road (Ferrybridge to Selby Fork Junction) (Detrunking) Order 1999 and shall come into force on 26th August 1999.
2
In this Order —
i
“classified road” as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principle roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the Motorway and connecting roads ” means the special roads which the Secretary of State is authorised to provide by the A1 Motorway (Ferrybridge to Hook Moor Section and Connecting Roads) Scheme 1999 ;
iii
“the A1 ” means the A1 Trunk Road
iv
“the plan” means the plan in the folio numbered HA 10 YHCPD 72 marked “The A1 Trunk Road (Ferrybridge to Selby Fork Junction) (Detrunking) Order 1999,” signed by authority of the Secretary of State for the Environment, Transport and the Regions and deposited at the Department of the Environment, Transport and the Regions, Great Minster House, 76 Marsham Street, London SW1P 4DR.
3
The lengths of the A1 described in the Schedule to this Order and shown by broad hatching on the plan shall cease to be a trunk road and shall be classified as a classified road on the date on which the Secretary of State notifies Leeds City Council, Wakefield Metropolitan District Council and North Yorkshire County Council that the motorway and connecting roads are open for traffic.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Derek Oddy
Divisional Director, The Highways Agency
23rd July 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Prescription Only Medicines (Human Use) Amendment (No. 2) Order 1999 and shall come into force on 19th January 2000.
2
In this Order, “the principal Order ” means the Prescription Only Medicines (Human Use) Order 1997 .
Amendment of Schedule 1 to the principal Order
2
In Schedule 1 to the principal Order (which specifies substances which, if included in medicinal products make, those products prescription only medicines, and exemptions from restrictions on the sale and supply of prescription only medicines)–
a
in relation to the substance Felbinac, in the entry in column 5, for “ 30g” there is substituted “50g”;
b
there is inserted in column 1, at the appropriate place in the alphabetical order of the entries in that column, the substance “Levocarnitine”, and, in column 3, in relation to that substance, there is inserted the entry “ For dietary supplementation”; and
c
there is inserted in column 1, at the appropriate place in the alphabetical order of the entries in that column, each of the following substances–
“Adapalene”
“Altretamine”
“Apraclonidine Hydrochloride”
“Bicalutamide”
“Calcipotriol Hydrate”
“Citalopram Hydrobromide”
“Dorzolamide Hydrochloride”
“Exemestane”
“Ferumoxsil”
“Moexipril Hydrochloride”
“Quinagolide Hydrochloride”
“Sparfloxacin”
“Tizanidine Hydrochloride”
“Valaciclovir Hydrochloride”
“Venlafaxine Hydrochloride”
“Zalcitabine”.
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under Secretary of State,
Department of Health
22nd December 1999
Signed by authority of the Secretary of State for Wales
David Hanson
Parliamentary Under Secretary of State, Welsh Office
20th December 1999
John Reid
Secretary of State, Scotland Office
20th December 1999
Bairbre de Brún
Minister of Health, Social Services and Public Safety
22nd December 1999


text:
Citation and commencement
1
This Order may be cited as the Council Tax (Exempt Dwellings) (Amendment) Order 1999 and shall come into force on 1st April 1999.
Students and the severely mentally impaired
2
In article 3 of the Council Tax (Exempt Dwellings) Order 1992 , for Class U there is substituted–
Class U:
1
a dwelling occupied only–
a
by one or more severely mentally impaired persons, where, but for this Order, either such a person, or a relevant person, would be liable to pay the council tax; or
b
by one or more severely mentally impaired persons, together with one or more relevant persons.
2
For the purposes of paragraph (1) above–
a
“relevant person” has the meaning given by paragraph 2(a) of Class N above, and
b
“severely mentally impaired” has the meaning given in paragraph 2 of Schedule 1 to the Act.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
2nd March 1999
Signed by authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under-Secretary of State, Welsh Office
3rd March 1999


text:
1
1
This Order may be cited as the Export of Goods (Control) (Amendment No. 3) Order 1999 and shall come into force on 14th July 1999.
2
In this Order, “the principal Order ” means the Export of Goods (Control) Order 1994 .
2
1
The following amendments shall be made in article 3 of the principal Order.
2
In article 3(1)(a) the words “in writing” shall be inserted after the word “licence” where it first appears.
3
In article 5(3) the exception to the offence from the words “Provided” up to and including “United Kingdom”, shall be replaced by the following paragraph:–
Provided that no person shall be guilty of an offence under this paragraph where–
the licence had been previously modified by the Secretary of State without that person’s consent,
the alleged failure to comply would not have been a failure had the licence not been so modified, and
that person proves that the export from the United Kingdom had taken place before the modification had been made.
.
3
In Group 3 in Part I of Schedule 1 to the principal Order, the words “the former Yugoslav Republic of Macedonia” shall be deleted.
4
1
The following amendments shall be made in Part III of Schedule 1 to the principal Order.
2
In entry ML5–
a
the words from “Fire control” to “accessories therefor:” shall be replaced by the following:–
Fire control equipment and related alerting and warning equipment, related systems, test and alignment and countermeasure equipment, as follows, specially designed for military use, and specially designed components and accessories therefor:–
;
b
in head c the word “and” shall be replaced by the word “or”;
c
the following new head shall be inserted after head c:–
d
Field test or alignment equipment, specially designed for items specified in entry ML5.a. or ML5.b.
.
3
In entry ML7–
a
the words from “Toxicological agents” (where they first appear) to ““technology”” (where it first appears) shall be replaced by the following:
Chemical or biological toxic agents, toxic chemicals, “tear gases”, radioactive materials, related equipment, components, materials and “technology”,
;
b
in head (a)–
i
“(a)” shall be replaced by “a.”, and
ii
the words “Toxicological agents and toxic chemicals” shall be replaced by the words “Chemical or biological toxic agents, toxic chemicals and radioactive materials”.
4
At the end of entry ML8.a.5, the following exception shall be inserted:–
except:–
chlorine trifluoride.
.
5
In entry ML19, the following new head shall be inserted after head e:
f
Continuous wave or pulsed “laser” systems specially designed to cause permanent blindness to unenhanced vision (i.e. to the naked eye or to the eye with corrective eyesight devices)
.
Kim Howells
Parliamentary Under Secretary of State for Competition and Consumer Affairs,
Department of Trade and Industry
23rd June 1999


text:
1
This Order may be cited as the Harrow College (Incorporation) Order 1999, and shall come into force on 1st June 1999 (“the Commencement Date”).
2
On the Commencement Date there shall be established a body corporate called “Harrow College” for the purpose of establishing and conducting from the operative date a new educational institution of that name (to be formed by the merger of Greenhill College, Harrow and Weald College, Harrow).
3
The “operative date” in relation to the further education corporation established by this Order shall be 1st August 1999, and the corporation shall conduct Harrow College from that date.
Tessa Blackstone
Minister of State,
Department for Education and Employment
10th May 1999


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Housing Benefit and Council Tax Benefit (General) Amendment Regulations 1999 and shall come into force —
a
for the purposes of this regulation on 12th April 1999;
b
for the purposes of regulation 2 —
i
in the case of an authority specified in the Schedule to these Regulations on 12th April 1999;
ii
in any other case on 6th September 1999, and
c
for the purposes of regulations 3 to 6 on 4th October 1999.
2
In these Regulations —
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 ;
“the Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992
Revocation of regulation 2A of the Housing Benefit Regulations and 2A of the Council Tax Benefit Regulations
2
Regulations 2A of the Housing Benefit Regulations and the Council Tax Benefit Regulations (disapplication of section 1(1A) of the Administration Act) are both revoked.
Amendment of regulation 21 of the Housing Benefit Regulations and 13 of the Council Tax Benefit Regulations
3
In paragraph (1A) of regulation 21 of the Housing Benefit Regulations and regulation 13 of the Council Tax Benefit Regulations (calculation of income on a weekly basis) respectively —
a
in sub-paragraph (a), for the sum of £60 there shall be substituted the sum of £70; and
b
in sub-paragraph (b), for the sum of £100 there shall be substituted the sum of £105.
Amendment of regulation 21A of the Housing Benefit Regulations and 13A of the Council Tax Benefit Regulations
4
1
Regulations 21A of the Housing Benefit Regulations and 13A of the Council Tax Benefit Regulations (treatment of child care charges) respectively shall be amended in accordance with the following provisions of this regulation.
2
For paragraph (2) there shall be substituted the following paragraphs —
2
Relevant child care charges are those charges for care to which paragraphs (2ZA) and (2ZB) apply, and shall be calculated on a weekly basis in accordance with paragraph (3).
2ZA
The charges are paid by the claimant for care which is provided —
a
in the case of any child of the claimant’s family who is not disabled, in respect of the period beginning on that child’s date of birth and ending on the day preceding the first Monday in September following that child’s fifteenth birthday; or
b
in the case of any child of the claimant’s family who is disabled, in respect of the period beginning on that person’s date of birth and ending on the day preceding the first Monday in September following that person’s sixteenth birthday.
2ZB
The charges are paid for care which is provided by one or more of the care providers listed in paragraph (2ZC) and are not paid —
a
in respect of the child’s compulsory education; or
b
by a claimant to a partner or by a partner to a claimant in respect of any child for whom either or any of them is responsible in accordance with regulation 14 (circumstances in which a person is treated as responsible or not responsible for another).
2ZC
The care to which paragraph (2ZB) refers may be provided —
a
by persons registered under section 71 of the Children Act 1989 (registration of child minders and persons providing day care for young children);
b
out of school hours, by a school on school premises or by a local authority —
i
for children who are not disabled in respect of the period beginning on their eighth birthday and ending on the day preceding the first Monday in September following their fifteenth birthday, or
ii
for children who are disabled in respect of the period beginning on their eighth birthday and ending on the day preceding the first Monday in September following their sixteenth birthday;
c
by a child care scheme operating on Crown property where registration under section 71 of the Children Act 1989 is not required; or
d
in schools or establishments which are exempt from registration under section 71 of the Children Act 1989 by virtue of section 71(16) of, and paragraph 3 or 4 of Schedule 9 to, that Act.
.
3
After paragraph (5) there shall be added the following paragraph —
6
For the purposes of paragraph (2), a person is disabled if he is a person —
a
in respect of whom disability living allowance is payable, or has ceased to be payable solely because he is a patient;
b
who is registered as blind in a register compiled under section 29 of the National Assistance Act 1948 (welfare services) or, in Scotland, has been certified as blind and in consequence he is registered as blind in a register maintained by or on behalf of a regional or islands council; or
c
who ceased to be registered as blind in such a register within the 28 weeks immediately preceding the date of claim.
.
Increase in earnings disregards: amendment of the Housing Benefit Regulations
5
1
At the end of Schedule 3 to the Housing Benefit Regulations there shall be added the following paragraph —
16
–
1
In a case where the claimant is a person who satisfies the conditions set out in either sub-paragraph (2) or (3), and his net earnings equal or exceed the total of the amounts set out in sub-paragraph (4), the amount of his earnings that falls to be disregarded under paragraphs 3 to 8 of this Schedule shall be increased by a sum equal to either —
a
the credit referred to in regulation 46(1)(aa) of the Family Credit Regulations if he satisfies the conditions of sub-paragraph (2); or
b
the allowance referred to in regulation 51(1)(bb) of the Disability Working Allowance Regulations if he satisfies the conditions of sub-paragraph (3),
and in a case where the claimant satisfies the conditions of both sub-paragraphs (2) and (3), his disregarded earnings shall be increased by the higher of the two sums, or if they are the same, by the amount of the credit referred to in sub-paragraph (a) above.
2
The conditions of this sub-paragraph are that —
a
the claimant or, if he is a member of a couple either the claimant or his partner, is a person to whom regulation 46(1)(aa) of the Family Credit Regulations applies; or
b
i
the claimant, or if he is a member of a couple one member of the couple is or both members are, engaged in remunerative work for on average not less than 30 hours per week; and
ii
his applicable amount includes a family premium under paragraph 3 of Schedule 2.
3
The conditions of this sub-paragraph are that —
a
the claimant or if he is a member of a couple the claimant or his partner is a person to whom regulation 51(1)(bb) of the Disability Working Allowance Regulations applies; or
b
i
the claimant, or if he is a member of a couple one member of that couple is or both members are, engaged in remunerative work for on average not less than 30 hours per week;
ii
the claimant’s applicable amount includes a disability premium or a higher pensioner premium under paragraph 10 or 11 of Schedule 2 respectively; and
iii
where he is a member of a couple, at least one member of that couple satisfies the qualifying conditions for the disability premium or higher pensioner premium referred to in sub-head (ii) above and is engaged in remunerative work for on average not less than 16 hours per week.
4
The following are the amounts referred to in sub-paragraph (1) —
a
the amount calculated as disregardable from the claimant’s earnings under paragraphs 3 to 8 of this Schedule;
b
the amount of child care charges calculated as deductible under regulation 21(1)(c); and
c
i
in the case of a claimant who satisfies the conditions of sub-paragraph (2), the amount of the credit referred to in regulation 46(1)(aa) of the Family Credit Regulations; or
ii
in the case of a claimant who satisfies the conditions of sub-paragraph (3), the amount of the allowance referred to in regulation 51(1)(bb) of the Disability Working Allowance Regulations;
and in a case where the claimant satisfies the conditions of both sub-paragraphs (2) and (3) the higher of the two amounts shall be taken into account, or if they are the same, the amount of the credit referred to in sub-head (i) above shall be used.
5
The provisions of regulation 4 shall apply in determining whether or not a person works for on average not less than 30 hours per week, but as if the reference to 16 hours in paragraph (1) of that regulation was a reference to 30 hours.
6
In this paragraph —
“the Family Credit Regulations” means the Family Credit (General) Regulations 1987 ; and
“the Disability Working Allowance Regulations” means the Disability Working Allowance (General) Regulations 1991 .
.
2
In paragraphs 57 and 58 of Schedule 4 to the Housing Benefit Regulations at the beginning of each there shall be inserted the words —
Except in a case which falls under paragraph 16 of Schedule 3,
.
Increase in earnings disregards: amendment of the Council Tax Benefit Regulations
6
1
At the end of Schedule 3 to the Council Tax Benefit Regulations there shall be added the following paragraph —
16
1
In a case where the claimant is a person who satisfies the conditions set out in either sub-paragraph (2) or (3), and his net earnings equal or exceed the total of the amounts set out in sub-paragraph (4), the amount of his earnings that falls to be disregarded under paragraphs 3 to 8 of this Schedule shall be increased by a sum equal to either —
a
the credit referred to in regulation 46(1)(aa) of the Family Credit Regulations if he satisfies the conditions of sub-paragraph (2); or
b
the allowance referred to in regulation 51(1)(bb) of the Disability Working Allowance Regulations if he satisfies the conditions of sub-paragraph (3),
and in a case where the claimant satisfies the conditions of both sub-paragraphs (2) and (3), his disregarded earnings shall be increased by the higher of the two sums, or if they are the same, by the amount of the credit referred to in sub-paragraph (a) above.
2
The conditions of this sub-paragraph are that —
a
the claimant, or if he is a member of a couple either the claimant or his partner, is a person to whom regulation 46(1)(aa) of the Family Credit Regulations applies; or
b
i
the claimant, or if he is a member of a couple one member of that couple is or both members are, engaged in remunerative work for on average not less than 30 hours a week; and
ii
the claimant’s applicable amount includes a family premium under paragraph 3 of Schedule 1.
3
The conditions of this sub-paragraph are that —
a
the claimant, or if he is a member of a couple either the claimant or his partner, is a person to whom regulation 51(1)(bb) of the Disability Working Allowance Regulations applies; or
b
i
the claimant, or if he is a member of a couple one member of that couple is or both members are, engaged in remunerative work for on average not less than 30 hours per week;
ii
the claimant’s applicable amount includes a disability premium or a higher pensioner premium under paragraph 11 or 12 of Schedule 1 respectively; and
iii
where he is a member of a couple, at least one member of that couple satisfies the qualifying conditions for the disability premium or higher pensioner premium referred to in sub-head (ii) above and is engaged in remunerative work for on average not less than 16 hours per week.
4
The following are the amounts referred to in sub-paragraph (1) above —
a
the amount calculated as disregardable from the claimant’s earnings under paragraphs 3 to 8 of this Schedule;
b
the amount of child care charges calculated as deductible under regulation 13(1)(c); and
c
i
in the case of a claimant who satisfies the conditions of sub-paragraph (2), the amount of the credit referred to in regulation 46(1)(aa) of the Family Credit Regulations; or
ii
in the case of a claimant who satisfies the conditions of sub-paragraph (3), the amount of the allowance referred to in regulation 51(1)(bb) of the Disability Working Allowance Regulations;
and in a case where the claimant satisfies the conditions of both sub-paragraphs (2) and (3) the higher of the two amounts shall be taken into account, or if they are the same, the amount of the credit referred to in sub-head (i) above shall be used.
5
The provisions of regulation 4 shall apply in determining whether or not a person works for not less than 30 hours per week, but as if the reference of 16 hours in paragraph (1) of that regulation was a reference to 30 hours.
6
In this paragraph —
“the Family Credit Regulations” means the Family Credit (General) Regulations 1987 ; and
“the Disability Working Allowance Regulations” means the Disability Working Allowance (General) Regulations 1991 .
.
2
In paragraphs 56 and 57 of Schedule 4 to the Council Tax Benefit Regulations at the beginning of each there shall be inserted the words —
Except in a case which falls under paragraph 16 of Schedule 3,
.
Signed by authority of the Secretary of State for Social Security.
Angela Eagle
Parliamentary Under-Secretary of State,Department of Social Security
22nd March 1999


text:
1
This Order may be cited as the Public Telecommunication System Designation (Jersey Telecoms) Order 1999 and shall come into force on 13th July 1999.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Michael Wills
Parliamentary Under Secretary of State for Small Firms, Trade and Industry,
Department of Trade and Industry
9th June 1999


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Social Security Commissioners (Procedure) (Amendment) Regulations 2000 and shall come into force on 10th November 2000.
2
The principal Regulations as amended by these Regulations shall apply to all proceedings in relation to tax credits before the Commissioners on or after 10th November 2000.
Interpretation
2
In these Regulations —
“the principal Regulations” means the Social Security Commissioners (Procedure) Regulations 1999 and a reference to a regulation by number alone means the regulation so numbered in the principal Regulations;
“tax credits” means working families' tax credit or disabled person’s tax credit, construing those terms in accordance with section 1(1) of the Tax Credits Act 1999 .
Amendments to the principal Regulations
3
In regulation 4 —
a
after the definition of “authorised officer” there shall be inserted the following definition —
“the Board” means the Commissioners of Inland Revenue;
;
b
the word “and” immediately after the definition of “respondent” shall be omitted;
c
for “accordingly.” in the definition of “summons” there shall be substituted “accordingly;”; and
d
immediately after the definition of “summons” there shall be added the following definition —
“tax credits” means working families' tax credit and disabled person’s tax credit, construing those terms in accordance with section 1(1) of the Tax Credits Act 1999.
.
4
In regulation 10(3) for the words “by the Secretary of State he” there shall be substituted the words “by the Secretary of State or the Board, he or they”.
5
In regulation 14 —
a
the following shall be substituted for paragraph (2) —
2
Where a forfeiture rule question arises,
a
the Board, in cases concerning tax credits, or
b
the Secretary of State, in any other case,
shall refer it to a Commissioner to determine, and shall notify the person in relation to whom the question arises that such a reference has been made.
; and
b
in sub-paragraph (3)(c) after the words “the Secretary of State” there shall be inserted the words “or the Board, as appropriate”.
6
In regulation 21 —
a
after the words “from the Secretary of State” there shall be inserted the words “or the Board”; and
b
after the words “by or on behalf of the Secretary of State” there shall be inserted the words “or by or on behalf of the Board”.
7
In regulation 24(6)(c) after the words “the Secretary of State” there shall be added the words “or, in proceedings concerning tax credits, the Board”.
8
In regulation 29 after the words “to the Secretary of State” there shall be inserted the words “or the Board, as appropriate,”.
9
The following shall be substituted for regulation 33(4) —
4
A person in respect of whom a forfeiture rule question arises and
a
the Board, in cases concerning tax credits, or
b
the Secretary of State, in any other case,
shall be authorised to apply for leave to appeal from a Commissioner’s decision on a forfeiture rule question.
Signed by authority of the Lord Chancellor
Jane Kennedy,
Parliamentary Secretary Lord Chancellors
Department
17th October 2000


text:
Citation and Commencement
1
These Regulations may be cited as the Motor Vehicles (EC Type Approval) (Amendment) Regulations 2000 and shall come into force on 20th April 2000.
Amendments to Schedule 1 (Separate Directives)
2
1
Schedule 1 to the Motor Vehicles (EC Type Approval) Regulations 1998 shall be further amended by the insertion in the third and fourth columns of the Table of the entries specified below.
2
In item 1 (sound levels), after the last entry–
(3) (4)
1999/101/EC* L334, 28.12.99, p. 41
3
In item 2 (emissions), after the last entry–
(3) (4)
1999/102/EC* L344, 28.12.99, p. 43
4
In item 39 (CO 2 ) emissions/fuel consumption), after the last entry–
(3) (4)
1999/100/EC* L344, 28.12.99, p. 36
5
In item 40 (engine power), after the last entry–
(3) (4)
1999/99/EC* L344, 28.12.99, p. 32
6
In item 41 (diesel emissions), after the last entry–
(3) (4)
1999/96/EC† L44, 16.12.2000, p. 1
7
In item 53 (frontal impact), after the last entry–
(3) (4)
1999/98/EC* L9, 13.1.2000, p. 14
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
27th March 2000


text:
Citation
1
This Order may be cited as the Limited Liability Partnerships Act 2000 (Commencement) Order 2000.
Commencement
2
The Limited Liability Partnerships Act 2000 shall come into force on 6th April 2001.
Kim Howells,
Parliamentary Under-Secretary of State for Consumers and Corporate Affairs,
Department of Trade and Industry
18th December 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North Dorset Primary Care Trust (Establishment) Order 2000 and shall come into force on 14th August 2000.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“establishment date” means the date of coming into force of this Order;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the North Dorset Primary Care Trust established by article 2 of this Order.
Establishment and name of the Primary Care Trust
2
There is hereby established a Primary Care Trust which is to be called the North Dorset Primary Care Trust.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of Chief Executive and Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Operational date of the trust
5
The trust’s operational date shall be 1st October 2000.
Limitations on the exercise of functions by the trust during the preparatory period
6
During the preparatory period the exercise of functions by the trust shall be limited to the following —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment; and
c
doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance during the preparatory period
7
1
The Dorset Health Authority shall meet the costs of the trust performing its functions during the preparatory period by discharging such of the liabilities of the trust incurred during that period as are of a description specified in paragraph (2) and do not in aggregate exceed such amount as may be notified by the Authority to the trust.
2
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and members of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also members of the trust;
c
liability for the remuneration of officers of the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
3
The Dorset Health Authority shall make available to the trust during the preparatory period —
a
premises and other facilities of the Authority; and
b
officers of the Authority.
4
The Dorset Community National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
Signed by authority of the Secretary of State
Gisela Stuart
Parliamentary Under Secretary of State,
Department of Health
3rd August 2000