text:
Citation and commencement
1
These Regulations may be cited as the Police (Efficiency) Regulations 1999 and shall come into force on 1st April 1999.
Application
2
These Regulations shall not apply in relation to —
a
a chief constable or other officer above the rank of superintendent;
b
an officer of the rank of constable who has not completed his period of probation.
Interpretation
3
1
In these Regulations, unless the context otherwise requires —
“the Assistant Commissioner ”, in relation to the metropolitan police force, means the assistant commissioner for the time being authorised under section 8 of the Metropolitan Police Act 1856 ;
“countersigning officer” means a member of the police force concerned having supervisory responsibility and who is senior in rank to the reporting officer;
“first interview” has the meaning assigned to it by regulation 4;
“inefficiency hearing” has the meaning assigned to it by regulation 12(2);
“interviewing officer” means the officer who conducts a first interview;
“member concerned” means the member of a police force in respect of whom proceedings under these Regulations are, or are proposed to be, taken;
“personnel officer” means a person employed under section 15 of the 1996 Act or a member of a police force who, in either case, has responsibility for personnel matters relating to members of the police force concerned;
“police force concerned” means the police force of which the member concerned is a member;
“reporting officer” means the member of the police force concerned who has the immediate supervisory responsibility for the member concerned;
“second interview” has the meaning assigned to it by regulation 8(2);
“senior manager” means —
the officer who is for the time being the supervisory officer of the person who is, in relation to the member concerned, the countersigning officer; or
where the member concerned is of the rank of superintendent, his supervising officer;
“the 1996 Act” means the Police Act 1996.
2
In these Regulations, unless the context otherwise requires, any reference to a regulation shall be construed as a reference to a regulation contained in these Regulations.
Circumstances in which a first interview may be required
4
Where the reporting officer for a member of a police force is of the opinion that the performance of that member is unsatisfactory, he may require the member concerned to attend an interview (in these Regulations referred to as a first interview) to discuss the performance of the member concerned.
Arrangement of first interview
5
1
If the reporting officer decides to require a member of a police force to attend a first interview, he shall —
a
send a notice in writing to the member concerned —
i
requiring him to attend, at a specified time and place, an interview with the reporting officer or, if the member concerned so requests, the countersigning officer;
ii
stating the reasons why his performance is considered unsatisfactory;
iii
informing him that he may seek advice from a representative of his staff association and be accompanied at the interview by a member of a police force selected by him; and
b
send a copy of the notice to the countersigning officer.
2
A member of a police force who receives a notice pursuant to paragraph (1) may, not later than 7 days (or such longer period as the reporting officer may permit when sending the notice under paragraph (1)(a)) after the date on which the notice was received by him, request by notice in writing that the interview be conducted by the countersigning officer; and if the member concerned so requests the interview shall be conducted by the countersigning officer.
Procedure at first interview
6
1
The following provisions of this regulation apply to the procedure to be followed at the first interview.
2
The interviewing officer shall —
a
explain to the member concerned the reasons why the reporting officer is of the opinion that the performance of that member is unsatisfactory; and
b
provide the member concerned, or the member of a police force who has accompanied him to the interview, or both of them, with an opportunity to make representations in response.
3
If, after considering any representations made in accordance with paragraph (2)(b), the interviewing officer is satisfied that the performance of the member concerned has been unsatisfactory, he shall —
a
inform the member concerned in what respect his performance is considered unsatisfactory;
b
warn the member concerned of any specific action which he is required to take to achieve an improvement in his performance; and
c
warn the member concerned that, if a sufficient improvement is not made within such reasonable period as the interviewing officer shall specify, he may be required to attend a second interview in accordance with regulation 9.
4
The interviewing officer may, if he considers it appropriate, recommend that the member concerned seek assistance in relation to any matter affecting his health or welfare.
5
The interviewing officer may adjourn the interview to a specified later time or date if it appears to him necessary or expedient to do so.
Procedure following first interview
7
1
The interviewing officer shall, not later than 7 days after the date of the conclusion of the first interview —
a
cause to be prepared a written record of the substance of the matters discussed at the interview; and
b
send one copy or, where the member concerned was accompanied at the interview by a member of a police force selected by him, two copies of that record to the member concerned together with a notice in writing informing him that he may submit written comments, or indicate that he has no comment to make, not later than 7 days after the date on which the copy is received by him.
2
Subject to paragraph (3), the member concerned shall be entitled to submit written comments in relation to the record of the interview to the interviewing officer not later than 7 days after the date on which the copy is received by him.
3
The interviewing officer may, on the application of the member concerned, extend the period specified in paragraph (2) if he is satisfied that it is appropriate to do so.
4
The interviewing officer shall send a copy of the record of the interview, and of any written comments of the member concerned, to —
a
the senior manager;
b
the personnel officer; and
c
i
if the interview was conducted by the reporting officer, the countersigning officer; or
ii
if the interview was conducted by the countersigning officer, the reporting officer.
5
If the interviewing officer receives any written comments under paragraph (2), he shall ensure that they are retained with the record of the interview.
Circumstances in which a second interview may be required
8
1
Where the reporting officer is of the opinion that a member of a police force who was warned under regulation 6(3)(b) that he was required to improve his performance has, at the end of the period specified by the interviewing officer under regulation 6(3)(c), failed to make a sufficient improvement in his performance, he may refer the case to the countersigning officer.
2
Where a case is referred under paragraph (1), the countersigning officer may, after consulting with the personnel officer, require the member concerned to attend a further interview (in these Regulations referred to as a second interview) to discuss the performance of the member concerned.
Arrangement of second interview
9
If the countersigning officer decides to require a member of a police force to attend a second interview, he shall —
a
send a notice in writing to the member concerned —
i
requiring him to attend, at a specified time and place, an interview with the countersigning officer and the personnel officer;
ii
stating the reasons why his performance is considered unsatisfactory and that further action will be considered in the light of the interview; and
iii
informing him that he may seek advice from a representative of his staff association and be accompanied at the interview by a member of a police force selected by him; and
b
send a copy of the notice to the reporting officer, the senior manager and the personnel officer.
Procedure at second interview
10
1
The following provisions of this Regulation shall apply to the procedure to be followed at a second interview.
2
The interview shall be conducted by the countersigning officer and the personnel officer.
3
The countersigning officer shall —
a
explain to the member concerned the reasons why the reporting officer is of the opinion that the member concerned has failed to make a sufficient improvement in his performance or, as the case may be, that his performance is unsatisfactory and the conditions specified in regulation 8(2) are satisfied; and
b
provide the member concerned, or the member of a police force who has accompanied him to the interview, or both of them, with an opportunity to make representations in response.
4
If, after considering any representations made under paragraph (3), the countersigning officer is satisfied that the performance of the member concerned has been unsatisfactory during the period specified by the interviewing officer under regulation 6(3)(c) or, as the case may be, the period specified in regulation 8(2), he shall —
a
inform the member concerned in what respect his performance is considered unsatisfactory;
b
warn the member concerned that he is required to improve his performance in any such respect;
c
inform the member concerned of any specific action which he is required to take to achieve such an improvement; and
d
warn the member concerned that, if a sufficient improvement is not made within such reasonable period as the countersigning officer shall specify, he may be required to attend an inefficiency hearing at which the officers conducting the hearing will have the power, if appropriate, to require the member concerned to resign from the force or to order reduction in rank.
5
The countersigning officer may adjourn the interview to a specified later time or date if it appears to him necessary or expedient to do so.
Procedure following second interview
11
1
The countersigning officer shall, not later than 7 days after the conclusion of the second interview —
a
in consultation with the personnel officer, prepare a written record of the substance of the matters discussed during the interview; and
b
send one copy or, where the member concerned was accompanied at the interview by a member of a police force selected by him, two copies of that record to the member concerned together with a notice in writing —
i
if a warning was given under regulation 10(4), confirming the terms of that warning; and
ii
informing him that he may submit written comments, or indicate that he has no such comments, not later than 7 days after the date on which the copy is received by him.
2
Subject to paragraph (3), the member concerned shall be entitled to submit written comments in relation to the record of the interview to the countersigning officer not later than 7 days after the date on which it was received by him.
3
The countersigning officer may, on the application of the member concerned, extend the period specified in paragraph (2) if he is satisfied that it is appropriate to do so.
4
If the countersigning officer receives any written comments under paragraph (2), he shall ensure that they are retained with the record of the interview.
5
The countersigning officer shall send a copy of the record of the interview, and of any written comments by the member concerned, to the reporting officer, the personnel officer and the senior manager.
Assessment of performance following second interview
12
1
Not later than 14 days after the date on which the period specified under regulation 10(4)(d) ends —
a
the countersigning officer shall, in consultation with the reporting officer, assess the performance of the member concerned during that period; and
b
the countersigning officer shall inform the member concerned in writing whether the reporting officer and the countersigning officer are of the opinion that there has been a sufficient improvement in performance during that period.
2
If the countersigning officer is of the opinion that there has been an insufficient improvement, the member concerned shall also, within the period of 14 days mentioned in paragraph (1), be informed in writing that he may be required to attend, at a time (being not sooner than 21 days, but not later than 56 days, after the date on which the notification under this paragraph is received by him) to be notified separately, a hearing (in these Regulations referred to as an inefficiency hearing) to consider his performance.
3
The countersigning officer shall refer any case in which the member concerned has been informed in accordance with paragraph (2) to the senior manager, who shall, if he thinks it appropriate to do so, direct that an inefficiency hearing be arranged under regulation 13.
Arrangement of an inefficiency hearing
13
1
The personnel officer shall, not less than 21 days before the date fixed for the hearing, send a notice in writing to the member concerned —
a
requiring him to attend an inefficiency hearing at a specified time and place;
b
stating the reasons why his performance is considered unsatisfactory;
c
informing him that he may be represented at the hearing —
i
either by counsel or a solicitor; or
ii
by a member of a police force selected by him; and
d
warning him of the powers under regulation 17 which are available to the officers conducting the inefficiency hearing in the event that they find that the performance of the member concerned has been unsatisfactory.
2
If the member concerned wishes to call any witnesses other than the person representing him at the inefficiency hearing, he shall, not later than seven days before the hearing, give notice in writing to the personnel officer of the names and addresses of those witnesses.
3
In paragraph (2), the reference to the hearing includes a reference to any hearing under regulation 15; and in relation to such a hearing the period within which notice is to be given under that paragraph shall be such period as the chairman of the hearing may direct when he postpones or, as the case may be, adjourns the hearing.
Procedure at an inefficiency hearing
14
1
The inefficiency hearing shall be conducted by three officers appointed by the chief officer of police one of whom shall —
a
where the member concerned is a member of a police force maintained under section 2 of the 1996 Act, be a member of such a police force holding the rank of assistant chief constable;
b
where the member concerned is a member of the metropolitan police force, be a member of that police force holding the rank of commander; and
c
where the member concerned is a member of the City of London police force, be an assistant commissioner or a member of that police force holding the rank of commander,
(referred to in these Regulations as the chairman of the inefficiency hearing).
2
The chairman and any assessor assisting him under paragraph (3) shall be a person who has neither attended nor otherwise been involved with the first interview or the second interview held in relation to the member concerned.
3
The chairman shall be assisted by two assessors who shall be —
a
in a case falling within paragraph (1)(a) or (c) —
i
where the member concerned is of the rank of superintendent, members of a police force other than the police force concerned who hold the rank of assistant chief constable or commander in the metropolitan police force, and
ii
where the member concerned is below the rank of superintendent, members of a police force who hold the rank of superintendent; and
b
in a case falling within paragraph (1)(b) —
i
where the member concerned is of the rank of superintendent, members of the metropolitan police force who hold the rank of commander, and
ii
where the member concerned is below the rank of superintendent, members of the metropolitan police force who hold the rank of superintendent.
4
As soon as the chief officer of police has appointed the chairman, the personnel officer shall arrange for a copy of any document —
a
which was available to the interviewing officer in relation to the first interview;
b
which was available to the countersigning officer in relation to the second interview; or
c
which was prepared or submitted under regulation 11, 12 or 13,
to be made available to the chairman; and a copy of any such document shall be sent to the member concerned.
5
Subject to the provisions of this regulation, the procedure at the inefficiency hearing shall be such as the chairman may determine.
6
The inefficiency hearing shall be held in private unless the chairman, with the consent of the member concerned, decides otherwise.
7
The chairman shall afford the member concerned an opportunity to make representations in relation to the matters referred to in the notice sent under regulation 13(1) and to call any witness in respect of whom notice has been given under regulation 13(2).
8
A verbatim record of the proceedings at the inefficiency hearing shall be taken and, if the member concerned so requests within the time limit for any appeal and after he has lodged notice of appeal in accordance with rules made under section 85 of the 1996 Act, a transcript of the record or a copy thereof shall be supplied to him by the chairman.
9
Subject to regulation 15(1), if the member concerned does not attend the inefficiency hearing or at any adjournment thereof, the hearing may be proceeded with and concluded in his absence if it appears to the chairman just and proper to do so.
10
Where, owing to the absence of the member concerned, it is not possible to comply with the whole or any part of the procedure described in this regulation or regulation 15, the case may be proceeded with as if that procedure had been complied with.
Postponement or adjournment of an inefficiency hearing
15
1
If the member concerned intimates to the chairman that he will be unable to attend the inefficiency hearing, or in the absence of such intimation does not attend the hearing, and the chairman is satisfied that a good reason for such non-attendance is given by, or on behalf of, the member concerned, he shall postpone, or as the case may be adjourn, the hearing.
2
The chairman may also adjourn the inefficiency hearing if, having given the member concerned the opportunity of making representations under regulation 14(7), he considers it appropriate to allow a further period for assessment of the performance of the member concerned.
3
Where the chairman adjourns the inefficiency hearing for the purposes of paragraph (2), he shall —
a
specify a period (not exceeding 3 months) during which the reporting officer and the countersigning officer shall assess the performance of the member concerned;
b
fix a date on which the hearing shall resume; and
c
require the member concerned to attend on that date at a specified place.
4
Not later than 14 days after the date on which the period for further assessment specified by the chairman under paragraph (3)(a) ends —
a
the reporting officer and the countersigning officer shall prepare a report containing their assessment of the performance of the member concerned during that period; and
b
the countersigning officer shall send the report to the chairman of the inefficiency hearing and a copy of the report to the member concerned.
5
At the continuation of the inefficiency hearing the chairman shall afford the member concerned an opportunity to make representations in relation to the matters referred to in the report mentioned in paragraph (4) and to call any witnesses in respect of whom notice was given under regulation 13(2).
6
Where at the time the report mentioned in paragraph (4) is sent under paragraph (4)(b) the chairman of the inefficiency hearing is absent, incapacitated or suspended from duty and it is likely that his absence, incapacity or suspension will continue for a period of more than 28 days, the chief officer of police shall arrange for another member of a police force, being a person who would have been eligible for appointment as chairman of the inefficiency hearing under regulation 14(1) and (2) in relation to the hearing in question, to carry out in relation to the member concerned the functions of the chairman of the inefficiency hearing specified in paragraph (5) and in regulations 16 and 17.
7
The chairman of an inefficiency hearing may adjourn the hearing to a specified later time or date if it appears to him necessary or expedient to do so.
Finding
16
1
Subject to paragraph (2), at the conclusion of the inefficiency hearing, the officers conducting the hearing shall reach a decision whether the performance of the member concerned —
a
in the period referred to in regulation 10(4)(d); or
b
where the hearing was adjourned under regulation 15(2), over the whole of the period comprising the period referred to in regulation 10(4)(d) and the further period specified by the chairman under regulation 15(3)(a),
has been satisfactory or not.
2
The chairman may, at the conclusion of the hearing, defer reaching a decision until a later time or date if it appears necessary or expedient to do so.
3
The decision of the officers conducting the hearing shall state the finding and, where they have found that the performance of the member concerned has not been satisfactory, their reasons as well as any sanction which they impose under regulation 17.
4
The chairman shall record the decision in writing, and shall, not later than three days after the finding is stated under paragraph (3), send a copy of it to —
a
the member concerned;
b
the senior manager; and
c
the personnel officer;
and the copy sent to the member concerned shall be accompanied by a notice in writing informing him of his right to request a review under regulation 19.
5
Any decision of the officers conducting the hearing under this regulation or regulation 17 shall be based on a simple majority, but shall not indicate whether it was taken unanimously or by a majority.
Sanctions
17
1
If the officers conducting the inefficiency hearing make a finding that the performance of the member concerned during the relevant period has been unsatisfactory, they may —
a
require the member concerned to resign from the force either one month after the date on which a copy of the decision sent under regulation 16(4) is received by him or on such later date as may be specified;
b
order reduction in his rank with immediate effect and issue a written warning to the member concerned that unless a sufficient improvement in his performance is made within such period as the chairman shall specify, he may, following consideration of his performance during that period in accordance with regulation 18, be required to attend a first interview in respect of that performance; or
c
issue such a written warning as is mentioned in sub-paragraph (b).
2
Where the sanction under paragraph (1)(a) is imposed and where the member concerned has not resigned from the force in accordance with the requirement, then the effect of the decision shall be to dismiss the member concerned from the force as from the time referred to in that paragraph.
Assessment of performance following inefficiency hearing
18
1
This regulation applies where the member concerned has been given a written warning under paragraph (1)(b) or (c) of regulation 17.
2
Not later than 14 days after the end of the period specified in the warning, the reporting officer shall —
a
assess the performance of the member concerned during that period ;
b
cause to be prepared a report on the performance; and
c
send a copy of the report to the member concerned.
3
Where the report prepared under paragraph (2)(b) concludes that the performance of the member concerned has been satisfactory during the period specified in the warning, no further action shall be taken in respect of that performance during that period.
4
Where the report prepared under paragraph (2)(b) concludes that, in the opinion of the reporting officer, the performance of the member concerned has been unsatisfactory during that period, the reporting officer shall request the member concerned to attend a first interview in accordance with regulation 4; and these Regulations shall have effect for the purposes of the performance of the member concerned during that period as if he had been invited to a first interview under regulation 4.
Request for a review
19
1
Where the officers conducting the inefficiency hearing have imposed a sanction under regulation 17, the member concerned shall be entitled to request the chief officer of the police force concerned, or where the member concerned is a member of the metropolitan police force the Assistant Commissioner, (“the reviewing officer”) to review the finding or the sanction imposed, or both the finding and the sanction.
2
A request for a review must be made to the reviewing officer in writing within 14 days of the date on which a copy of the decision sent under regulation 16(4) is received by the member concerned unless this period is extended by the reviewing officer.
3
The request for a review shall state the grounds on which the review is requested and whether a meeting is requested.
Conduct of the review
20
1
The reviewing officer shall hold a meeting with the member concerned if requested to do so.
2
Where a meeting is held, the member concerned may be accompanied by a member of a police force and by counsel or a solicitor.
Finding of the review
21
1
The member concerned shall be informed of the finding of the reviewing officer in writing within three days of completion of the review.
2
The reviewing officer may confirm the decision of the hearing or he may impose a different sanction but he may not impose a sanction greater than that imposed at the hearing.
3
The decision of the reviewing officer shall take effect by way of substitution for the decision of the hearing and as from the date of that hearing.
4
Where as a result of the decision of the reviewing officer the member concerned is required to resign or reduced in rank he shall be notified in writing of his right of appeal to a Police Appeals Tribunal.
Hearing of review in absence of chief officer
22
1
Subject to paragraphs (2) to (4), where the chief officer is an interested party or the circumstances in section 12(4)(a) or (b) of the 1996 Act apply, the review shall be conducted by the assistant chief constable designated under section 12(4) of the 1996 Act.
2
Where the designated assistant chief constable is absent or an interested party, the review shall be conducted by the chief officer of another force who has agreed to act in that capacity.
3
Where the member concerned is a member of the metropolitan police force, the review shall be conducted by the Assistant Commissioner or if he is absent or an interested party by the commander designated under paragraph 4(7) of Schedule 6 to the Police Regulations 1995 or, if the commander is absent or an interested party, by another assistant commissioner.
4
Where the member concerned is a member of the City of London police force, the review shall be conducted by the Commissioner or, if he is absent or an interested party, by a chief officer of another force who has agreed to act in that capacity or an assistant commissioner of the metropolitan police force who has agreed to act in that capacity.
Amendment of Police Regulations 1995
23
1
In regulation 17(2) of the Police Regulations 1995 —
a
in sub-paragraph (g), for the words “punishments other than cautions,” there shall be substituted the words “sanctions other than cautions imposed under regulation 31 of the Police (Conduct) Regulations 1999 or under regulation 17 of the Police (Efficiency) Regulations 1999”; and
b
in the proviso —
i
for the word “punishment” wherever it occurs there shall be substituted the word “sanction”; and
ii
after paragraph (ii) there shall be inserted the following paragraph:
iii
a sanction under regulation 17 of the Police (Efficiency) Regulations 1999 shall be expunged after 2 years free from any such sanction;
.
2
After regulation 17(2) there shall be inserted the following paragraph:
2A
Where following a review of a sanction imposed under regulation 31 of the Police (Conduct) Regulations 1999 or under regulation 17 of the Police (Efficiency) Regulations 1999 the reviewing officer substitutes for the decision of the conduct hearing or, as the case may be, inefficiency hearing a decision that the member concerned had not failed to meet the appropriate standard or, as the case may be, that the performance of the member concerned was not unsatisfactory, the sanction imposed by that hearing shall be expunged forthwith.
.
Jack Straw
One of Her Majesty’s Principal Secretaries of State
Home Office
10th March 1999


type: legislation

jurisdiction: UK

text:
Citation and Commencement
1
This Order may be cited as the Air Navigation (Fourth Amendment) Order 1999 and shall come into force on 14th May 1999.
2
The Air Navigation ( No. 2) Order 1995 shall be amended in accordance with the following articles.
Article 83 bis of the Chicago Convention
3
1
In article 8(1) after “the country in which the aircraft is registered” there shall be inserted “or the State of the operator”.
2
In article 15(1) after “the country in which the aircraft is registered” there shall be inserted “or the State of the operator”.
3
In article 21(3)(a) after “the country in which the aircraft is registered” there shall be inserted “or the State of the operator”.
4
In article 41(1) after “the country in which the aircraft is registered” there shall be inserted “or the State of the operator”.
5
In article 118(1) after the definition of “Special VFR flight” there shall be inserted:
“State of the operator” means the State in which the operator of an aircraft has his principal place of business or, if he has no such place of business, his permanent residence, in circumstances where:
that aircraft is registered in another Contracting State;
the operator is operating that aircraft pursuant to an agreement for its lease, charter or interchange or any similar arrangement;
the State in which that aircraft is registered has, by agreement with the State in which the operator of the aircraft has his principal place of business or, if he has no such place of business, his principal residence, agreed to transfer to it its functions and duties as State of registry in respect of that aircraft in relation to, in the case of article 8(1), airworthiness, in the case of article 15(1), aircraft radio equipment, in the case of article 21(3), flight crew licensing or, in the case of article 41(1), radio licensing; and
the agreement has been registered with the Council of the International Civil Aviation Organisation or the existence and scope of the agreement have been directly communicated to the Authority.
.
Airborne Collision Avoidance Systems
4
1
After article 44 there shall be inserted:
Use of airborne collision avoidance system
44A
On any flight on which an airborne collision avoidance system is required by paragraph 1 of Schedule 5 to this Order to be carried in an aeroplane, the system shall be operated:
a
in the case of an aircraft to which article 27 applies, in accordance with procedures contained in the Operations Manual for the aircraft;
b
in the case of an aircraft registered in the United Kingdom to which article 27 does not apply, in accordance with procedures which are suitable having regard to the purposes of the equipment; or
c
in the case of an aircraft which is not registered in the United Kingdom, in accordance with any procedures with which it is required to comply under the law of the country in which the aircraft is registered.
.
2
In Schedule 5, for the Table at paragraph 2, there shall be substituted:
2
Table
Aircraft and Circumstances of Flight Scale of Equipment Required A B C D E F G H J
*
Unless the appropriate air traffic control unit otherwise permits in relation to the particular flight and provided that the aircraft complies with any instructions which the air traffic control unit may give in the particular case.
#
Provided that non-public transport aircraft flying in Class D and E airspace shall not be required to be provided with distance measuring equipment.
1
All aircraft (other than gliders) within the United Kingdom:
a
when flying under Instrument Flight Rules within controlled airspace
A E F
b
when flying within controlled airspace
A
c
when making an approach to landing at an aerodrome notified for the purpose of this sub-paragraph
G
2
All aircraft within the United Kingdom:
a
when flying at or above flight level 245
A
b
when flying within airspace notified for the purposes of this sub-paragraph
A
3
All aircraft (other than gliders) within the United Kingdom:
a
when flying at or above flight level 245
E F
b
when flying within airspace notified for the purposes of this sub-paragraph
E
c
when flying at or above flight level 100
E
4
All aircraft registered in the United Kingdom, wherever they may be:
a
when flying for the purpose of public transport under Instrument Flight Rules:
i
while making an approach to landing
A C D H
ii
on all other occasions
A C H
b
subject to sub-paragraph (d), multi-engined aircraft when flying for the purpose of public transport under Visual Flight Rules
A H
c
subject to sub-paragraph (d), single engined aircraft when flying for the purpose of public transport under Visual Flight Rules:
i
over a route on which navigation is effected solely by visual reference to landmarks
A
ii
on all other occasions
A B
d
aircraft which come within paragraphs (4)(b) and (4)(c) above solely by virtue of the provisions of article 119(2)(c) may carry instead of the requirements of the said paragraphs (4)(b) and (4)(c);
i
over a route on which navigation is not effected solely by visual reference to landmarks
A B
ii
over water, beyond gliding distance from any land
A
e
when flying under Instrument Flight Rules within controlled airspace and not required to comply with paragraph (3)(a) above
A
5
On and after 1 January 2000 all aeroplanes registered in the United Kingdom, wherever they may be, and all aeroplanes wherever registered when flying in the United Kingdom, powered by one or more turbine jets or turbine propeller engines and either having a maximum take-off weight exceeding 15,000 kg or which in accordance with the certificate of airworthiness in force in respect thereof may carry more than 30 passengers
J
.
3
In Schedule 5, paragraph 3, after Scale H there shall be inserted:
Scale J
An airborne collision avoidance system.
.
4
In Schedule 5, paragraph 4, after sub-paragraph (4) there shall be inserted:
5
“Airborne collision avoidance system” means an aeroplane system which conforms to requirements prescribed for the purpose; is based on secondary surveillance radar transponder signals; operates independently of ground based equipment and which is designed to provide advice and appropriate avoidance manoeuvres to the pilot in relation to other aeroplanes which are equipped with secondary surveillance radar and are in undue proximity.
.
5
In Schedule 10, Part A, paragraph (a), after sub-paragraph (xvii) there shall be inserted:
xviii
procedures for the operation of any airborne collision avoidance system carried on the aircraft.
.
6
In Schedule 12, Part A in the column headed “Article of Order” before “45” there shall be inserted “44A” and adjacent thereto in the column headed “Subject Matter” there shall be inserted “Requirement for airborne collision avoidance system”.
Flying Displays
5
1
For article 61 there shall be substituted:
Flying Displays
61
1
No person shall act as the organiser of a flying display (in this article referred to as “the flying display director”) unless he has obtained the permission in writing of the Authority under paragraph (4) for that flying display and complies with any conditions therein specified.
2
a
The commander of an aircraft intending to participate in a flying display shall take all reasonable steps to satisfy himself before he participates that:
i
the flying display director has been granted an appropriate permission under paragraph (4);
ii
the flight can comply with any relevant conditions subject to which that permission may have been granted; and
iii
the pilot has been granted an appropriate pilot display authorisation.
b
The commander of an aircraft participating in a flying display for which a permission has been granted shall comply with any conditions subject to which that permission may have been granted.
c
No person shall act as pilot of an aircraft participating in a flying display unless he holds an appropriate pilot display authorisation and he complies with any conditions subject to which the authorisation may have been given.
3
The flying display director shall not permit any person to act as pilot of an aircraft which participates in a flying display unless such person holds an appropriate pilot display authorisation.
4
a
The Authority shall grant to any person applying therefor a permission required by virtue of paragraph (1) if it is satisfied that that person is a fit and competent person, having regard in particular to his previous conduct and experience, his organisation, staffing and other arrangements, to safely organise the proposed flying display.
b
The permission may be granted subject to such conditions, which may include conditions in respect of military aircraft, as the Authority thinks fit and shall, subject to the provisions of article 71 of this Order, remain in force for the period specified in the permission.
5
The Authority shall, for the purposes of this article, either unconditionally or subject to such conditions as it thinks fit:
a
grant a pilot display authorisation authorising the holder to act as pilot of an aircraft taking part in a flying display upon it being satisfied that the applicant is a fit person to hold the authorisation and is qualified by reason of his knowledge, experience, competence, skill, physical and mental fitness to fly in accordance therewith and for that purpose the applicant shall furnish such evidence and undergo such examinations and tests as the Authority may require; and
b
authorise a person to conduct such examinations or tests as it may specify.
6
A pilot display authorisation granted in accordance with this article shall, subject to the provisions of article 71 of this Order, remain in force for the period indicated in the pilot display authorisation.
7
a
Subject to paragraph (b), for the purposes of this article, an appropriate pilot display authorisation shall mean such an authorisation which is valid and appropriate to the intended flight and which has been either:
i
granted by the Authority pursuant to paragraph (5)(a); or
ii
granted by the competent authority of a Member State of JAA.
b
A pilot display authorisation granted by the competent authority of a Member State of JAA shall not be an appropriate pilot display authorisation for the purposes of this article if the Authority has given a direction to that effect.
c
A direction may be issued under sub-paragraph (b) either in respect of a particular authorisation, a specified category of authorisations or generally.
8
Paragraph (1) shall not apply to either:
a
a flying display which takes place at an aerodrome in the occupation of the Ministry of Defence or of any visiting force or any other premises in the occupation or under the control of the Ministry of Defence; or
b
a flying display at which the only participating aircraft are military aircraft.
9
The flying display director shall not permit any military aircraft to participate in a flying display unless he complies with any conditions specified in respect of military aircraft subject to which permission for the flying display may have been granted.
10
Nothing in this article shall apply to an aircraft race or contest or to an aircraft taking part in such a race or contest or to the commander or pilot thereof whether or not such race or contest is held in association with a flying display.
.
2
In article 75(1)(a)(ii) for “an exhibition of flying” there shall be substituted “a flying display”.
3
In article 118(1) there shall be inserted after the definition of “flight visibility”:
“Flying display” means any flying activity deliberately performed for the purpose of providing an exhibition or entertainment at an advertised event open to the public;
.
4
In article 119(6)(a)(i)(aa) and (ii)(cc) for “exhibition of flying” there shall be substituted “flying display”.
5
In Part A of Schedule 12 in the column headed “Subject Matter” adjacent to “61” for “Exhibitions of flying” there shall be substituted “Flying displays”.
Recording of military flight time
6
1
For article 62(2)(a) there shall be substituted:
a
“flight time”, in relation to any person, means all time spent by that person in:
i
a civil aircraft whether or not registered in the United Kingdom (other than such an aircraft of which the maximum total weight authorised does not exceed 1600 kg and which is not flying for the purpose of public transport or aerial work); or
ii
a military aircraft (other than such an aircraft of which the maximum total weight authorised does not exceed 1600 kg and which is flying on a military air experience flight),
while it is in flight and he is carried therein as a member of the crew thereof;
.
2
For article 62(3) there shall be substituted:
3
For the purposes of this Part of the Order:
a
a helicopter shall be deemed to be in flight from the moment the helicopter first moves under its own power for the purpose of taking off until the rotors are next stopped; and
b
a military air experience flight is a flight by a military aircraft operated under the auspices of the Royal Air Force Air Cadet Organisation for the purpose of providing air experience to its cadets.
.
3
In article 115(3), after “article 61(4) and (8),” there shall be inserted “article 62(2)(a),”.
Flight Information Service
7
1
In article 87(3)(a) for “a place” there shall be substituted “an aerodrome or area control centre” and for “that place” on each occasion on which it appears there shall be substituted “that aerodrome or area control centre”.
2
In article 87(3)(b) for “180” there shall be substituted “90” and for “place” on each occasion on which it appears there shall be substituted “aerodrome or area control centre”.
3
In article 88(1) for “place” on each occasion on which it appears there shall be substituted “aerodrome or area control centre”.
4
In article 89 after “aerodrome” on both occasions on which it appears there shall be inserted “or area control centre”.
5
In article 117(1) for “aerodrome flight information service officer” there shall be substituted “flight information service officer”.
6
In article 118(1) the definition of “Aerodrome flight information unit” shall be omitted.
7
In article 118(1) in the definition of “Air traffic control unit” for “instructions or advice or both instructions and advice” there shall be substituted “instructions, advice or information” and for “to give information” there shall be substituted “to provide a flight information service”.
8
In article 118(1), after the definition of “flight crew” there shall be inserted:
“Flight information service unit” means a person appointed by the Authority or by any other person maintaining an aerodrome or area control centre:
in the case of such a unit appointed in respect of an aerodrome to:
give information by means of radio signals to aircraft flying in or intending to fly within the aerodrome traffic zone of that aerodrome; and
grant or refuse permission, pursuant to Rule 35 or 36(2) of the Rules of the Air;
in the case of such a unit appointed in respect of an area control centre, to give information by means of radio signals to aircraft;
and “flight information service”, “aerodrome flight information service” and “aerodrome flight information service unit” shall be construed accordingly.
.
Reporting of serious incidents
8
For article 106(2)(b) there shall be substituted:
b
Any accident or serious incident notified to the Chief Inspector of Air Accidents in pursuance of Regulations made under section 75 of the Civil Aviation Act 1982 shall not constitute a reportable occurrence for the purposes of this article.
.
Penalties for failing to comply with requirements for area navigation equipment
9
In Schedule 12, Part A in the column headed “Article of Order” after “42” there shall be inserted “43 and 44” and adjacent thereto in the column headed “Subject Matter” there shall be inserted “Requirement for area navigation equipment”.
Penalties
10
1
In article 111(4) for “liable on summary conviction in Great Britain to a fine not exceeding level 3 on the standard scale, or in Northern Ireland to a fine not exceeding £1,000” there shall be substituted “liable on summary conviction to a fine not exceeding level 3 on the standard scale”.
2
In article 111(5), for “liable on summary conviction in Great Britain to a fine not exceeding level 4 on the standard scale, or in Northern Ireland to a fine not exceeding £2,000” there shall be substituted “liable on summary conviction to a fine not exceeding level 4 on the standard scale”.
3
In article 111(6), for “liable on summary conviction in Great Britain to a fine not exceeding the statutory maximum or in Northern Ireland to a fine not exceeding £2,000” there shall be substituted “liable on summary conviction to a fine not exceeding the statutory maximum”.
A. K. Galloway
Clerk of the Privy Council


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Information as to Provision of Education) (England) Regulations 1999 and shall come into force on 1st May 1999.
2
These Regulations apply in relation to local education authorities in England.
Interpretation
2
1
In these Regulations–
“capacity” means capacity calculated in accordance with Schedule 2;
“relevant areas of the school premises” means those areas to which a pupil would ordinarily have access other than washroom facilities;
“school year” means a period of twelve months beginning on 1st September unless the school has a term beginning in August, in which case it means a period of 12 months beginning on 1st August;
“surplus places” means the number of places, if any, by which the number equal to the capacity of the school exceeds the total number of registered pupils at the school;
“teaching accommodation” means accommodation provided for teaching purposes; and
“washroom facilities” means a room containing a water closet and washbasin which are suitable for use by a pupil in a wheelchair.
2
In relation to any period before 1st September 1999 any reference in Schedule 1 to a community, foundation or voluntary school maintained by a local education authority shall be construed as a reference to a county or voluntary school maintained by that authority or a grant-maintained school which that authority are required to maintain by virtue of regulation 2 of the School Standards and Framework Act 1998 (Modification) Regulations 1998 .
Information to be provided by a local education authority to the Secretary of State
3
1
The information specified in Part I of Schedule 1 shall be provided by a local education authority to the Secretary of State after 1st May and before 1st June in each year.
2
The information specified in Part II of Schedule 1 shall be provided by a local education authority to the Secretary of State after 1st May and before 1st June in 1999 and every second year thereafter.
Determination of capacity of a school
4
Schedule 2 shall have effect for the purpose of determining the capacity of any school.
Revocation
5
The Education (Information as to Provision of Education) (England) Regulations 1994 are hereby revoked.
Estelle Morris
Minister of State,
Department for Education and Employment
28th March 1999


text:
Citation and commencement
1
This Order may be cited as the Scottish Parliamentary Corporate Body (Crown Status) Order 1999 and shall come into force on 6th May 1999.
Town and Country Planning
2
1
The Parliamentary corporation shall be treated as a Crown body for the purposes of the Town and Country Planning (Scotland) Act 1997 (in this article referred to as “the Planning Act”) and accordingly–
a
the interest of the Parliamentary corporation in any land shall be treated as a Crown interest, within the meaning of Part XII of that Act (application of Act to Crown land); and
b
any development carried out by or on behalf of the Parliamentary corporation shall be treated as development carried out by or on behalf of the Crown (and, accordingly, the use of the land for the purposes of the Scottish Parliament shall be treated as use by or on behalf of the Crown);
and in relation to land which is Crown land, within the meaning of Part XII of the Planning Act, by virtue only of sub-paragraph (a) above, “the appropriate authority” for the purposes of that Part shall be the Parliamentary corporation.
2
If the Parliamentary corporation is entitled to occupy Crown land, within the meaning of Part XII of the Planning Act, by virtue of a contract in writing, that contract shall be treated as a Crown interest, rather than a private interest, for the purposes of that Part.
3
Paragraphs (1) and (2) above apply in relation to the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 as they apply in relation to the Planning Act but as if–
a
references in those paragraphs to the Planning Act or Part XII of that Act were references to the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 or, as the case may be, Part III of that Act; and
b
the references in paragraph (1)(b) above to development included references to works affecting a listed building and the demolition of a building in a conservation area.
4
To the extent that the Parliamentary corporation has responsibility for the management of any land in which it has no interests, the Parliamentary corporation shall be treated as a government department for the purposes of the following enactments, which define “the appropriate authority” in relation to certain land belonging to Her Majesty in right of the Crown,–
a
section 242(2)(b) of the Planning Act; and
b
section 74(7)(b) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997.
5
In this article “development” and “land” have the same meaning as in the Planning Act.
Ancient monuments and archaeological areas
3
1
The Parliamentary corporation shall be treated as a Crown body for the purposes of the Ancient Monuments and Archaeological Areas Act 1979 (in this article referred to as “the 1979 Act”) and accordingly–
a
the interest of the Parliamentary corporation in any land shall be treated as a Crown interest, within the meaning of section 50 of that Act (application to Crown land);
b
any operations carried out by or on behalf of the Parliamentary corporation shall be treated as carried out by or on behalf of the Crown; and
c
the use of the land by the Parliamentary corporation for the purposes of the Scottish Parliament shall be treated as use by or on behalf of the Crown;
and in relation to land which is Crown land, within the meaning of section 50 of that Act, by virtue only of sub-paragraph (a) above, “the appropriate authority” for the purposes of that section shall be the Parliamentary corporation.
2
To the extent that the Parliamentary corporation has responsibility for the management of any land in which it has no interests, the Parliamentary corporation shall be treated as a government department for the purposes of section 50(4)(a) of the 1979 Act, which defines “the appropriate authority” in relation to certain land belonging to Her Majesty in right of the Crown.
3
In this article “land” has the same meaning as in the 1979 Act.
Building legislation
4
The Parliamentary corporation shall be treated as a Crown body for the purposes of the Building (Scotland) Act 1959 and accordingly any building, within the meaning of that Act, an interest in which belongs to the Parliamentary corporation shall be treated as a Crown building for the purposes of section 26 of that Act (Crown rights) and, in relation to any such building, “the appropriate authority” for the purposes of that section shall be the Parliamentary corporation.
Fire precautions
5
1
The Parliamentary corporation shall be treated as a Crown body for the purposes of the Fire Precautions Act 1971 and accordingly, for the purposes of section 40 of that Act (application of certain provisions of that Act to premises occupied by the Crown or owned by the Crown but not occupied by it)–
a
the occupation of any premises by the Parliamentary corporation shall be treated as occupation by the Crown; and
b
any premises in which the Parliamentary corporation has an interest which is that of an owner, within the meaning of that Act, shall be treated as premises owned by the Crown.
2
The Parliamentary corporation shall be treated as a Crown body for the purposes of the Fire Precautions (Workplace) Regulations 1997 (referred to in this article as “the 1997 Regulations”) and accordingly for the purposes of regulation 18 of those Regulations (application to the Crown)–
a
premises and workplaces owned by the Parliamentary corporation shall be treated as premises and workplaces owned by the Crown;
b
premises and workplaces owned by the Parliamentary corporation but not occupied by it shall be treated as premises and workplaces owned by the Crown but not occupied by it; and
c
premises occupied by the Parliamentary corporation shall be treated as premises occupied by the Crown.
3
In paragraph (2) of this article, “premises” and “workplaces” have the same meaning as in the 1997 Regulations.
Value Added Tax
6
The Parliamentary corporation shall be treated as a Crown body for the purposes of the Value Added Tax Act 1994 and accordingly for the purposes of section 41 of that Act (application to the Crown) it shall be treated as a government department.
Data protection
7
1
The Parliamentary corporation shall be treated as a Crown body for the purposes of the Data Protection Act 1984 ) and accordingly–
a
for the purposes of section 29(2)(a) of that Act (exemptions for certain information held by government departments) information held by the Parliamentary corporation shall be treated as information held by a government department;
b
for the purposes of section 31(1) of that Act (exemptions for certain personal data held by government departments) personal data held by the Parliamentary corporation shall be treated as personal data held by a government department;
c
for the purposes of section 38 of that Act (application to government departments etc. ) the Parliamentary corporation shall be treated as a government department; and
d
employment under the Parliamentary corporation shall be treated for the purposes of that section as employment in the service of the Crown.
2
In paragraph (1) of this article, “personal data” has the same meaning as in the Data Protection Act 1984.
3
On the coming into force of each of the provisions of the Data Protection Act 1998 ), the Parliamentary corporation shall be treated as a Crown body for the purposes of those provisions and accordingly–
a
for the purposes of section 30(3) of that Act (power to exempt certain information) information processed by the Parliamentary corporation shall be treated as information processed by a government department;
b
for the purposes of section 31 of that Act (exemptions for certain regulatory activities), of paragraph 5 of Schedule 2 to that Act (conditions relating to processing of personal data), and of paragraph 7 of Schedule 3 to that Act (conditions relating to processing of sensitive personal data) the functions of the Parliamentary corporation shall be treated as functions of the Crown;
c
for the purposes of section 63 of that Act (application to the Crown) the Parliamentary corporation shall be treated as a government department and employment under the Parliamentary corporation shall be treated as employment in the service of the Crown; and
d
for the purposes of paragraph 4 of Schedule 7 to that Act (power to exempt certain personal data) employment by or under the Parliamentary corporation shall be treated as employment by or under the Crown.
4
In paragraph (3) of this article, “information processed” and “functions” shall have the same meanings as they have for the purposes of the Data Protection Act 1998.
A K Galloway
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Contributions) (Amendment No. 4) Regulations 1999 and shall come into force on 1st August 1999.
2
In these Regulations “the principal Regulations ” means the Social Security (Contributions) Regulations 1979 .
Amendment to Schedule 1 to the principal Regulations
2
For Regulation 28D (remission of interest) of Schedule 1 to the principal Regulations, substitute–
Remission of interest for official error
28D
1
Where interest is payable in accordance with Regulation 28A it shall be remitted for the period commencing on the first relevant date and ending on the second relevant date in the circumstances specified in paragraph (2) of this Regulation.
2
For the purposes of paragraph (1) of this Regulation, the circumstances are that the liability, or a greater liability, to pay interest in respect of an earnings-related contribution, a Class 1A contribution or a Class 1B contribution arises as the result of an official error being made.
3
In this Regulation–
a
“an official error” means a mistake made, or something omitted to be done, by an officer of the Board, where the employer or any person acting on his behalf has not caused, or materially contributed to, that mistake or omission;
b
“the Board” means the Commissioners of Inland Revenue;
c
“the first relevant date” means the reckonable date as defined in Regulation 28A(3) or, if later, the date on which the official error occurs;
d
“the second relevant date” means the date fourteen days after the date on which the official error has been rectified and the employer is advised of its rectification.
S C T Matheson
Tim Flesher
Two of the Commissioners of Inland Revenue
9th July 1999


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Pharmaceutical Services) Amendment (No. 2) Regulations 1999 and shall come into force on 5th October 1999.
2
In these Regulations —
“the principal Regulations ” means the National Health Service (Pharmaceutical Services) Regulations 1992 ; and
“the Remission of Charges Amendment Regulations ” means the National Health Service (Travelling Expenses and Remission of Charges) Amendment Regulations 1999 .
Amendment of Schedule 2 to the principal Regulations
2
1
Part II of Schedule 2 to the principal Regulations (terms of service for chemists), is amended as follows
2
In paragraph 3 (provision of pharmaceutical services) —
a
in sub-paragraph (1C)(a)(i) delete the words “any of sub-paragraphs (d) to (g) of”;
b
at the end of sub-paragraph (1C)(a)(ii) insert the words “or under regulation 5 of the Remission of Charges Amendment Regulations,”; and
c
in sub-paragraph (1C)(a) after the words “by virtue of sub-paragraph” insert “(a), (b), (c),”.
3
1
Part III of Schedule 2 to the principal Regulations (terms of service for doctors who provide pharmaceutical services) is amended as follows.
2
In paragraph 11B —
a
in sub-paragraph (a)(i) delete the words “any of sub-paragraphs (d) to (g) of”;
b
at the end of sub-paragraph (a)(ii) insert the words “or under regulation 5 of the Remission of Charges Amendment Regulations,”; and
c
in sub-paragraph 11B(a) after the words “by virtue of sub-paragraph” insert “(a), (b), (c),”.
Signed by authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
13th September 1999


text:
1
This Order may be cited as the Value Added Tax (Refund of Tax) Order 1999 and shall come into force on 1st September 1999.
2
The Broads Authority (a body corporate established by section 1 of the Norfolk and Suffolk Broads Act 1988) is hereby specified for the purposes of section 33 of the Value Added Tax Act 1994.
Jane Kennedy
Clive Betts
Two of the Lords Commissioners of Her Majesty’s Treasury
21st July 1999


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


text:
Citation and commencement
1
These Regulations may be cited as the Corporation Tax (Simplified Arrangements for Group Relief) Regulations 1999 and shall come into force on 23rd November 1999.
Introductory
2
These Regulations make provision for arrangements for the surrendering and claiming of group relief in relation to any accounting period of a claimant company ending on or after 1st July 1999.
Interpretation
3
1
In these Regulations unless the context otherwise requires —
“the arrangements” means the arrangements made by these Regulations as mentioned in regulation 2;
“authorised company” has the meaning given by regulation 4;
“authorising companies” has the meaning given by regulation 5;
“the Board” means the Commissioners of Inland Revenue;
“claimant company” has the meaning given by section 402(1);
“consortium company” has the meaning given by section 406(1)(b);
“group of companies” means a collection of companies such that every pair of companies within that collection comprises companies that are members of the same group of companies within the meaning of section 413(3)(a);
“group relief” has the meaning given by subsection (1) of section 402, read with subsection (2) of that section (group claim) and subsection (3) of that section and section 406 (consortium claim);
“insolvency practitioner” in relation to a company means a liquidator, provisional liquidator, administrator, administrative receiver, or a supervisor of a voluntary arrangement under Part I of the Insolvency Act 1986 ;
“the Management Act ” means the Taxes Management Act 1970 ;
“member of the consortium” shall be construed in accordance with section 413(6);
“Schedule 18” means Schedule 18 to the Finance Act 1998;
“three month date” shall be construed in accordance with regulation 7(1).
2
In these Regulations references to a section, without more, are to that section of the Income and Corporation Taxes Act 1988 .
Authorised company
4
A company is an “authorised company” for the purposes of these Regulations if —
a
it is authorised by companies within regulation 5 to act on their behalf in relation to the arrangements, and
b
it is a member of the same group of companies as that referred to in regulation 5(1)(a).
Authorising company
5
1
In these Regulations an “authorising company” means a company which for the time being —
a
is a member of a group of companies, or
b
is a consortium company in circumstances where a company falling within sub-paragraph (a) is a member of the consortium concerned, and
c
in either case satisfies one of the conditions specified in paragraph (2).
2
Those conditions are that the company —
a
is one of the companies named in the application made by the authorised company in accordance with regulation 6;
b
following the making of that application, is treated for the purposes of these Regulations, by agreement between the company, the authorised company and the Board, as if it had been one of the companies named in that application.
Application by authorised company
6
1
An application by the authorised company on behalf of itself and the authorising companies to enter into the arrangements must be made in writing to an officer of the Board.
2
The application must specify —
a
the name and the tax office reference of the authorised company,
b
the names and the tax office references of the authorising companies, and
c
details relating to the authorised company and each of the authorising companies that are sufficient to demonstrate that the company concerned is a member of the group of companies or, as the case may be, a consortium company.
3
The application must contain a statement by the authorised company and the authorising companies that they agree to be covered by the arrangements and to be bound by claims, surrenders and withdrawals made under the arrangements.
4
The application must be accompanied —
a
by a specimen copy of the statement referred to in regulation 10(2) that the authorised company proposes to use for the purpose of making and withdrawing surrenders and claims on behalf of itself and the authorising companies;
b
in the case of a company which is a consortium company, by an agreement, signed by each member of the consortium and the consortium company, consenting to the authorised company acting on their behalf in relation to the arrangements.
5
The application must be signed on behalf of each of the companies concerned by a person referred to in section 108(1) of the Management Act as a person through whom that company may act.
6
The application must be sent to the tax office dealing with the tax affairs of the authorised company.
Matters consequential to the making of an application
7
1
Except where paragraph (2), (3) or (4) applies and subject to regulation 9, the authorised company may enter into the arrangements on behalf of itself and the authorising companies at any time on or after the date (“the three month date”) that is three months after the date on which the application is delivered to the tax office in accordance with regulation 6(6).
2
An officer of the Board may, prior to the three month date, accept the application and permit the authorised company to enter into the arrangements on behalf of itself and the authorising companies with effect from the date notified to the authorised company by the officer of the Board.
3
An officer of the Board may, prior to the three month date, accept the application and permit the authorised company to enter into the arrangements with effect from the date notified to the company by the officer of the Board, but exclude from the arrangements any of the authorising companies on the grounds that he has reason to believe that that company —
a
has failed to comply with its obligations under the Corporation Tax Acts in relation to any accounting period (whether an accounting period ending before, or on or after, 1st July 1999), or
b
is a company in relation to which a person is acting as an insolvency practitioner.
4
An officer of the Board may, prior to the three month date, refuse the application on the grounds that —
a
he has reason to believe that one or more of the companies named in the application is not a member of a group of companies, or is not a consortium company in circumstances where a company which is a member of that group is a member of the consortium concerned.
b
he has reason to believe that one or more of the companies named in the application has failed to comply with its obligations under the Corporation Tax Acts in relation to any accounting period (whether an accounting period ending before, or on or after, 1st July 1999),
c
the case is not one in which all, or substantially all, of the companies named in the application deliver their company tax returns to the same tax office, or
d
the specimen copy of the statement referred to in regulation 6(4)(a) is not adequate for the purpose of enabling an officer of the Board to deal with claims for group relief.
5
Where following the making of an application by an authorised company under regulation 6 a company is treated by agreement in accordance with regulation 5(2)(b) as if it had been one of the companies named in the application, the authorised company may enter into the arrangements on behalf of that company from the date of the agreement.
Change in members of consortium
8
1
Where following the making of an application under regulation 6 there is a change in the members of the consortium referred to in paragraph (4)(b) of that regulation, as from the date of the change the authorised company may not act in accordance with the provisions of regulation 10 in relation to the consortium company concerned unless it takes the action specified in paragraph (2).
2
The action specified in this paragraph is that the company must ensure that a new agreement, signed by the consortium company concerned and each company that is a member of the consortium immediately after the change, consenting to the authorised company acting on their behalf in relation to the arrangements, is sent to the tax office referred to in regulation 6(6).
3
Where in accordance with paragraph (2) a new agreement is entered into and sent to the tax office, that agreement is effective for the purposes of the arrangements as from the date on which acceptance of the agreement is notified by an officer of the Board to the authorised company.
Exclusion of company from the arrangements
9
An officer of the Board may, at any time on or after the three month date or, if earlier, the date on which an application under regulation 6 was accepted, exclude from the arrangements a company named, or treated under regulation 5(2)(b) as named, in that application, on the grounds that he has reason to believe that that company —
a
is not an authorising company at that time by reason of the company not falling within regulation 5(1)(a) or (b);
b
has failed to comply with its obligations under the Corporation Tax Acts in relation to any accounting period (whether an accounting period ending before, or on or after, 1st July 1999); or
c
is a company in relation to which a person is acting as an insolvency practitioner.
Group relief claims and surrenders under the arrangements
10
1
Where an application by an authorised company is accepted by an officer of the Board under regulation 7, the authorised company may act in accordance with the following provisions of this regulation in relation to itself and to any of the authorising companies, other than a company excluded from the arrangements in accordance with regulation 7(3) or 9.
2
The authorised company may from time to time furnish to an officer of the Board on behalf of itself and the authorising companies a statement in writing, in the form provided, or in a form authorised, by the Board, containing information necessary for the amendment in accordance with the provisions of Part VIII of Schedule 18 of the company tax returns of itself and the authorising companies for the purpose of making and withdrawing claims and surrenders of group relief.
3
Where a statement is furnished to an officer of the Board as mentioned in paragraph (2) —
a
the provisions of Part VIII of Schedule 18, other than paragraph 70(4) (claim for group relief ineffective unless accompanied by copy of notice of consent to surrender) and paragraph 71(4) (notice of withdrawal of consent to surrender ineffective unless accompanied by notice of consent of claimant company to withdrawal), shall apply in relation to the authorised company as if references to the claimant company and the surrendering company included references to the authorised company;
b
amendments made in accordance with the provisions of Part VIII of Schedule 18 to the company tax returns of the authorising companies in reliance on the information contained in the statement shall have effect for the purposes of the Corporation Tax Acts as if the amendments had been made by those companies.
4
Without prejudice to the generality of paragraph (2), the information to be contained in the statement must include in particular —
a
as regards the amount claimed, the same information as is specified in paragraph 68 of Schedule 18,
b
as regards the amount surrendered, the same information as is specified in paragraph 71(1) of Schedule 18,
c
where applicable, details showing the effect of the claim on each company’s self-assessment included in its company tax return, and
d
where applicable, details showing which of the company tax returns of the companies concerned are returns into which an enquiry is in progress under Part IV of Schedule 18.
5
A statement provided under paragraph (2) that does not contain information that is sufficient for the amendment of the company tax returns of the authorised company and the authorising companies in accordance with the provisions of Part VIII of Schedule 18 is ineffective.
6
An authorising company remains liable, in accordance with the provisions of Schedule 18, for any incorrect claim or incorrect company tax return arising from a statement provided by the authorised company under paragraph (2).
Termination of arrangements and exclusion of applicant company from arrangements
11
1
Either the Board or the authorised company may at any time give notice in writing to the other terminating the arrangements with effect from the date of issue of the notice.
2
The authorised company may at any time give notice in writing to the Board excluding an authorising company from the arrangements with effect from the date of issue of the notice.
Jim Dowd
Clive Betts
Two of the Lords Commissioners of Her Majesty’s Treasury
1st November 1999


text:
1
1
This Order may be cited as the European Parliamentary Elections (Returning Officers) Order 1999 and shall come into force on 1st May 1999.
2
In this Order a reference to an electoral region or a constituency is a reference to that region or constituency as it is for the time being.
2
The returning officer at a European Parliamentary election for the electoral region in England specified in the left-hand column of the Schedule to this Order shall be the person who is the acting returning officer at a parliamentary election for the constituency specified opposite thereto in the right-hand column of that Schedule.
3
The returning officer at a European Parliamentary election for the electoral region of Scotland shall be the person who is the returning officer at a parliamentary election for the Edinburgh South constituency.
4
The returning officer at a European Parliamentary election for the electoral region of Wales shall be the person who is the acting returning officer at a parliamentary election for the Carmarthen West and South Pembrokeshire constituency.
George Howarth
Parliamentary Under-Secretary of State
Home Office
23rd March 1999


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


text:
1
These Regulations may be cited as the Education (School Teacher Appraisal) (Amendment) (England) Regulations 1999 and shall come into force on 1st September 1999.
2
The Education (School Teacher Appraisal) Regulations 1991 shall be amended as follows in so far as they apply in relation to school teachers at maintained schools in England .
3
In regulation 2 (interpretation)–
a
for the definition of “appraising body” there shall be substituted–
“appraising body” means–
in the case of a teacher employed at a school other than a school to which paragraph (b) refers, the local education authority, and
in the case of a teacher employed at a former grant-maintained or grant-maintained special school, the governing body of the school;
;
b
after the definition of “appraisal record” there shall be inserted the following definitions–
“former grant-maintained school” means a school maintained by a local education authority which immediately before 1st September 1999 was a grant-maintained school;
“former grant-maintained special school” means a school maintained by a local education authority which immediately before 1st September 1999 was a grant-maintained special school;
;
c
for the definition of “qualified teacher” there shall be substituted–
“qualified teacher” has the same meaning as in section 218(2) of the Education Reform Act 1988 ;
;
d
the definition of “probationary teacher” shall be omitted;
e
in the definition of “school” the words “, or a grant-maintained school” shall be omitted; and
f
in the definition of “school teacher” the words “, other than a probationary teacher,” and “maintained by a local education authority or at any one grant-maintained school” shall be omitted.
4
After regulation 2, there shall be inserted the following regulation–
2A
In these Regulations, a reference to a community or community special, voluntary controlled, voluntary aided, or foundation or foundation special school does not include any such school which is a former grant-maintained or grant-maintained special school.
.
5
In regulation 7 (the appraisal cycle) for the words “maintained by a local education authority” there shall be substituted the words “other than a former grant-maintained or grant-maintained special school”.
6
In regulation 8 (appraisal procedures)–
a
in paragraph (1) for the words “controlled, county or special agreement” there shall be substituted the words “community, voluntary controlled or community special”;
b
in paragraph (2) after the words “voluntary aided” there shall be inserted the words “, foundation or foundation special”;
c
in paragraph (3), for the words “grant-maintained” there shall be substituted the words “former grant-maintained or grant-maintained special”; and
d
in paragraph (8) after the words “voluntary aided” there shall be inserted the words “, foundation or foundation special”.
7
In regulation 11 (appraisal procedures)–
a
in paragraph (3) for the words “grant-maintained, county, controlled or special agreement” there shall be substituted the words “former grant-maintained, former grant-maintained special, community, voluntary controlled or community special”; and
b
in paragraph (4) after the words “voluntary aided” there shall be inserted the words “, foundation or foundation special”.
8
In regulation 13 (use and retention of appraisal records)–
a
in paragraph (1)(b) for the words “maintained by a local education authority” there shall be substituted the words “other than a former grant-maintained or grant-maintained special school”;
b
in paragraph (2)(a) for the words “maintained by a local education authority” there shall be substituted the words “other than a former grant-maintained or grant-maintained special school”; and
c
in paragraph (2)(b) for the words “grant-maintained” there shall be substituted the words “former grant-maintained or grant-maintained special”.
9
In regulation 14(2) (use and retention of appraisal records) for the words “maintained by a local education authority, appropriate officers of or advisers to that authority” there shall be substituted the words “other than a former grant-maintained or grant-maintained special school, the appropriate officers of or advisers to the local education authority by which the school is maintained”.
Estelle Morris
Minister of State,
Department for Education and Employment
6th August 1999


text:
Citation and commencement
1
1
These Regulations may be cited as the Motor Vehicles (EC Type Approval) (Amendment No. 2) Regulations 1999 and shall come into force on 16th September 1999.
2
The Motor Vehicles (EC Type Approval) Regulations 1998 shall be further amended in accordance with the following provisions of these Regulations.
Amendment of Schedule 1
2
1
The Table in Schedule 1 (separate directives) shall be amended as follows.
2
In item 5 (steering equipment) after the last entry, in the third and fourth columns, there shall be inserted–
1999/7/EC* L40, 13.2.99, p. 36
.
3
In item 23 (direction indicators) after the last entry, in the third and fourth columns, there shall be inserted–
1999/15/EC* L97, 12.4.99, p. 14
.
4
In item 25 (headlamps (including bulbs)) after the last entry, in the third and fourth columns, there shall be inserted–
1999/17/EC* L97, 12.4.99, p. 45
.
5
In item 26 (fog lamps (front)) after the existing entry, in the third and fourth columns, there shall be inserted–
1999/18/EC* L97, 12.4.99, p. 82
.
6
In item 28 (rear fog lamps) after the last entry, in the third and fourth columns, there shall be inserted–
1999/14/EC* L97, 12.4.99, p. 1
.
7
In item 30 (parking lamps) after the existing entry, in the third and fourth columns, there shall be inserted–
1999/16/EC* L97, 12.4.99, p. 33
.
Signed by authority of the Secretary of State
Gus Macdonald
Minister of State,
Department of the Environment, Transport and the Regions
16th August 1999


text:
Citation and commencement
1
These Regulations may be cited as the Chemicals (Hazard Information and Packaging for Supply) (Amendment) (No. 2) Regulations 1999 and shall come into force on 1st January 2000.
Interpretation
2
In these Regulations, “the principal Regulations ” means the Chemicals (Hazard Information and Packaging for Supply) Regulations 1994 .
Amendments to the principal Regulations
3
In regulation 2(1) of the principal Regulations, in the definition of “approved classification and labelling guide”, for the words “3rd edition” and “25th March 1997” there shall be substituted the words “Fourth edition” and “12th October 1999” respectively.
4
For regulation 4 of the principal Regulations, there shall be substituted the following regulation —
4
In these Regulations, the “approved supply list” means the document entitled “Information Approved for the Classification and Labelling of Substances and Preparations Dangerous for Supply (Fifth Edition)” approved by the Health and Safety Commission on 12th October 1999.
.
Transitional provisions
5
Until 1st July 2000, it shall be sufficient compliance with the requirements of the principal Regulations, if the requirements of those Regulations are complied with as in force immediately before these Regulations came into force.
Signed by authority of the Secretary of State
Larry Whitty
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
23rd November 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as The South London and Maudsley National Health Service Trust (Establishment) Order 1999 and shall come into force on 1st April 1999.
2
In this Order, unless the context otherwise requires–
“ the Act ” means the National Health Service and Community Care Act 1990;
“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 National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the South London and Maudsley National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the South London and Maudsley National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1)(a) of the Act.
2
The trust’s functions shall be to own and manage the Bethlem Royal Hospital, Monks Orchard Road, Beckenham, Kent BR3 3BX, and associated establishments and facilities, and there to provide and manage hospital accommodation and services, and there and from there to provide and manage community health services.
Directors of the trust
4
The trust shall have, in addition to the chairman, 7 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1999.
2
The accounting date of the trust shall be 31 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 Denham
Minister of State,
Department of Health
18th March 1999


text:
Citation and interpretation
1
1
This Order may be cited as the Welfare Reform and Pensions Act 1999 (Commencement No. 1) Order 1999.
2
In this Order references to sections and Schedules are references to sections of, and Schedules to, the Welfare Reform and Pensions Act 1999.
Appointed days
2
1
The day appointed for the coming into force–
a
of section 53 (extension of entitlement to maternity allowance)–
i
for the purpose only of the exercise of any power to make regulations, is 12th January 2000,
ii
for all other purposes, is 2nd April 2000;
b
for the purposes of cases to which section 53 applies, of section 70 so far as it relates to Part VI of Schedule 8 (contribution conditions)–
i
for the purposes only of the exercise of any power to make regulations, is 12th January 2000,
ii
for all other purposes, is 2nd April 2000; and
c
for the purposes of cases to which section 53 applies, of section 88 so far as it relates to the repeals referred to in Part V of Schedule 13 relating to section 21 of, Part I of Schedule 3 and Part I of Schedule 4 to, the Contributions and Benefits Act 1992 and the Maternity Allowance and Statutory Maternity Pay Regulations 1994 , is 2nd April 2000.
2
The day appointed for the coming into force of–
a
section 61 (incapacity for work: personal capability assessments) and section 70 so far as it relates to paragraph 23(3) of Schedule 8 (requirement to have a medical examination), in so far as those provisions are not ready in force, and paragraph 24 of Schedule 8 (own occupation test), is 3rd April 2000;
b
section 70 so far as it relates to paragraph 23(1), (2) and (4) of Schedule 8 (test of incapacity for work), and so far as not already in force, is 13th December 1999.
3
The day appointed for the coming into force of section 66 (attendance allowance) and section 67(1) and (2) (disability living allowance) is 12th January 2000.
Signed by authority of the Secretary of State for Social Security.
Hugh Bayley
Parliamentary Under-Secretary of State,
Department of Social Security
9th December 1999


text:
Title, commencement and interpretation
1
1
These Regulations may be cited as the Animal Feedingstuffs from Belgium (Control) (Amendment) Regulations 1999 and shall come into force on 30th June 1999.
2
In these Regulations “the principal Regulations ” means the Animal Feedingstuffs from Belgium (Control) Regulations 1999 .
Amendment of the principal Regulations
2
The principal Regulations shall be amended in accordance with regulations 3 to 7 of these Regulations.
3
In regulation 1 (title, commencement, extent and interpretation) for paragraph (2) there shall be substituted the following–
2
In these Regulations, unless the context otherwise requires–
“ the Act ” means the Food Safety Act 1990 and any expressions used both in these Regulations and in the Act have the meaning they bear in the Act;
“controlled entity” means any creature, product or material which is excluded from the definition of “relevant animal or animal product” in the Order solely by reason that it is neither food nor a food source; and
“the Order” means the Food (Animals and Animal Products from Belgium) (Emergency Control) Order 1999 and any expressions used both in these Regulations and in the Order have the meaning they bear in the Order.
.
4
After regulation 1 there shall be inserted the following–
Exemptions
1A
1
Regulation 2 of these Regulations shall not apply to–
a
the importation of any controlled entity, if when imported, that controlled entity is accompanied by valid certification relating to it, as specified in paragraph (3) below;
b
any subsequent activity in relation to the controlled entity, if it can be proved by the person carrying out the activity that at the time of importation it was so accompanied; or
c
the return to Belgium, under cover of an official certificate in accordance with Article 3a of Commission Decision 1999/363/ EC or, as the case may be, Article 3a of Commission Decision 1999/389/EC , of any controlled entity.
2
Regulation 4 of these Regulations shall not, save for sub-paragraphs (a) and (b) of paragraph (1) thereof, apply to any imported controlled entity which is accompanied by valid certification relating to it as specified in paragraph (3) below.
3
The certification to which paragraphs (1)(a) and (b) and (2) above apply is the certification which would have applied in relation to the controlled entity by virtue of Article 1A of the Order, had the Order extended to controlled entities.
.
5
In regulation 2 (prohibitions and offence)–
a
at the end of paragraph (1)(e) the words “for that purpose” shall be deleted; and
b
in paragraph (3) immediately after the word “who” there shall be inserted the word “knowingly”.
6
In regulation 3 (enforcement)–
a
for paragraph (1) there shall be substituted the following paragraphs–
1
These Regulations shall be enforced and executed by each relevant authority, namely the Minister of Agriculture, Fisheries and Food, the Secretary of State and each food authority and port health authority within its area or district, as appropriate.
1A
For the purposes of the return to Belgium of any product as specified in regulation 1A(1)(c) of these Regulations the competent authority for the purposes of the official certificate shall be the Minister of Agriculture, Fisheries and Food, the Secretary of State, any authorised officer of a food authority or any inspector appointed by such an authority, where it is also an authority with responsibilities under Part IV of the Agriculture Act 1970 , under section 67 of that Act.
;
b
in paragraph (2) for the words “food authority” there shall be substituted the words “relevant authority”, and at the end there shall be added the words “and shall also have, in relation to any business producing material to feed to animals, the same power as an authorised officer of an enforcement authority has under that section in relation to a food business”; and
c
after paragraph (2) there shall be added the following paragraph–
3
Each port health authority or food authority, as appropriate, shall give such assistance and information to the Minister of Agriculture, Fisheries and Food or the Secretary of State as he may request for the purpose of implementing Commission Decisions 1999/363/EC and 1999/389/EC in relation to controlled entities.
.
7
In regulation 4 (application and modification of various provisions of the Act)–
a
in sub-paragraph (a) of paragraph (1) after the words “port health authority” there shall be inserted the words “, the Minister of Agriculture, Fisheries and Food, and the Secretary of State”; and
b
at the end of sub-paragraph (c) of paragraph (1) there shall be inserted the words “or are to be returned to Belgium as specified in regulation 1A(1)(c) of these Regulations”.
Nick Brown
Minister of Agriculture, Fisheries and Food
29th June 1999


text:
1
This Order may be cited as the Northern Ireland (Emergency Provisions) Act 1996 (Amendment) Order 1999 and shall come into force on 4th March 1999.
2
The following organisations, that is to say —
The organisation using the name “The Orange Volunteers” and being the organisation in whose name a statement described as a press release was published on 14th October 1998
; and
The Red Hand Defenders
are hereby added to Schedule 2 to the Northern Ireland (Emergency Provisions) Act 1996 (which specifies organisations which are proscribed organisations for the purposes of that Act).
Marjorie Mowlam
One of Her Majesty’s Principal Secretaries of State Northern Ireland Office
3rd March 1999