text:
PART 1: GENERAL
Citation, commencement and revocation
1
1
These Regulations may be cited as the Education (Registered Inspectors of Schools Appeal Tribunal and Registered Nursery Education Inspectors Appeal Tribunal) (Procedure) Regulations 1998 and shall come into force on 25th February 1999.
2
The Education (Registered Inspectors of Schools Appeal Tribunal) (Procedure) Regulations 1994 are revoked.
Interpretation
2
In these Regulations, unless the context otherwise requires–
“the 1996 Act ” means the School Inspections Act 1996;
“the 1998 Act ” means the School Standards and Framework Act 1998;
“appeal” means appeal by a person who is aggrieved, under either–
section 9(1) of the 1996 Act , or
paragraph 10(1) of Schedule 26 to the 1998 Act;
“appellant” means a person who brings an appeal;
“ Chairman ” means the Chairman of the Tribunal;
“Chief Inspector” means–
in the case of an appeal under section 9(1) of the 1996 Act,
relating to registration in the register, or as the case may be enrolment in the list, kept by the Chief Inspector for England, the Chief Inspector for England; and
relating to registration in the register, or as the case may be enrolment in the list kept by the Chief Inspector for Wales, the Chief Inspector for Wales;
in the case of an appeal under paragraph 10(1) of Schedule 26 to the 1998 Act,
relating to registration in the register maintained by the Chief Inspector of Schools in England, the Chief Inspector of Schools in England; and
relating to registration in the register maintained by the Chief Inspector of Schools in Wales, the Chief Inspector of Schools in Wales;
“costs” includes fees, charges, disbursements, expenses and remuneration;
“disputed decision” means the matter in relation to which the appellant appeals or intending appellant desires to appeal to the Tribunal;
“proper officer” in relation to a regulation means an officer or servant of the Tribunal appointed by the Chairman to perform the duties of a proper officer under that regulation;
“the register” except in relation to the definition of Chief Inspector, means the register kept by a proper officer of the Tribunal;
“Registered Inspectors of Schools Appeal Tribunal” means a tribunal constituted in accordance with Schedule 2 to the 1996 Act to hear appeals under section 9 of that Act;
“Registered Nursery Education Inspectors Appeal Tribunal” means a tribunal constituted in accordance with paragraph 10(2) of Schedule 26 to the 1998 Act to hear appeals under sub-paragraph (1) of that paragraph;
“the Tribunal” means–
in the case of an appeal under section 9(1) of the 1996 Act, the Registered Inspectors of Schools Appeal Tribunal;
in the case of an appeal under paragraph 10(1) of Schedule 26 to the 1998 Act, the Registered Nursery Education Inspectors Appeal Tribunal.
PART 2: MAKING AN APPEAL TO THE TRIBUNAL AND REPLY BY THE CHIEF INSPECTOR
(A) THE APPELLANT
Method of appealing
3
1
An appeal to the Tribunal shall be made by written notice. A form approved by the Chairman of the Tribunal which may be used for making an appeal may be obtained from the offices of the Chief Inspector, or from the Tribunal. If a copy of the approved form is not for any reason available, the notice of appeal may be in such form as the Tribunal may accept.
2
The notice of appeal shall state:
a
the name and address of the appellant;
b
the date and any reference number of the disputed decision and whether the disputed decision was taken by the Chief Inspector;
c
the grounds of the appeal;
d
where applicable, the special circumstances which the appellant considers justify the Tribunal’s accepting jurisdiction under regulation 4(2) below;
e
the name and address and (where applicable) the profession of the representative (if any) of the appellant and whether the Tribunal should send replies or notices concerning the appeal to the representative instead of the appellant.
3
A copy of the disputed decision shall be attached to the notice of appeal.
4
The appellant or his representative shall sign the notice of appeal.
5
A proper officer of the Tribunal will acknowledge the receipt of the notice of appeal and will inform the appellant or his representative of any further steps which he must take to enable the tribunal to determine the appeal, and the time and place of the hearing of the appeal.
Time limit for appealing
4
1
Subject to paragraph (2) below, a notice of appeal shall not be valid unless it is served on the Tribunal within twenty-eight days of the date on which the notice or notification relating to the disputed decision was served on or given to the appellant.
2
The Tribunal may accept a notice of appeal served after expiry of the period permitted by paragraph (1) above if it is of the opinion that, by reason of special circumstances, it is just and right to do so.
Amendment of notice of appeal and delivery of supplementary grounds of appeal
5
1
The appellant may, at any time before he is notified of the date of the hearing of the appeal, amend his notice of appeal or deliver a supplementary statement of grounds of appeal.
2
The appellant may amend any notice of appeal or supplementary statement of grounds of appeal with the leave of the Tribunal at any time after he has been notified of the date of the hearing of the appeal or at the hearing itself. The Tribunal may grant such leave on such terms as it thinks fit, including the payment of costs.
3
The appellant shall send a copy of every amendment and supplementary statement to the Tribunal.
Application for directions
6
The appellant may apply to the Tribunal to give directions about any matter relating to the hearing of his appeal. An application for directions shall be made in writing to the Tribunal with sufficient copies to enable the Tribunal to serve a copy on the other party.
Withdrawal of appeal
7
1
The appellant may:
a
at any time before the hearing of the appeal withdraw his appeal by sending to the Tribunal a notice stating that he withdraws his appeal, signed by him or his representative;
b
at the hearing of the appeal, with the leave of the Tribunal, withdraw his appeal.
2
Where an appeal is withdrawn, a fresh appeal may not be brought in relation to the same decision except with the leave of the Tribunal.
Action of appellant on receipt of notice of hearing
8
1
A proper officer will serve on the appellant a notice informing him of the time and place of any oral hearing which is to be held which, unless the parties otherwise agree, shall not be earlier than twenty-one days after the date on which the notice is sent. Such notice will include, in a form approved by the Chairman, guidance regarding the rules of evidence and procedure which apply to the hearing.
2
When he receives the notice of the time and place of hearing, the appellant shall inform the Tribunal whether or not he intends to attend or be represented at the hearing and whether or not he intends to call witnesses.
3
If the appellant does not intend to attend or be represented at the hearing, he may send to the Tribunal additional written representations in support of his appeal.
Representation at hearing
9
At the hearing of an appeal, the appellant may conduct the case himself (with assistance from any person if he wishes) or may be represented by any person whom he may appoint for the purpose, whether or not he has notified the Tribunal of that person’s name and address under regulation 3(2)(c).
(B) THE REPLY BY THE CHIEF INSPECTOR
Chief Inspector’s reply
10
1
On receipt of a copy of a notice of appeal the Chief Inspector shall deliver to the Tribunal a written reply acknowledging service of the notice of appeal and stating:–
a
whether or not the Chief Inspector intends to oppose the appeal and the grounds on which he relies in opposing the appeal;
b
the name and address and (where appropriate) the profession of the representative (if any) of the Chief Inspector and whether such address is the address for service of the Chief Inspector for the purposes of the appeal;
c
whether the Chief Inspector wishes a hearing to be held or not.
2
The Chief Inspector shall include with his reply a statement summarising the facts relating to the disputed decision and, if the reasons for it were not communicated to the appellant at the same time as the decision itself, the reasons for it, together with copies of the documents on which he relied in making the disputed decision, and shall deliver to the Tribunal an additional copy of the reply and of those documents so that the proper officer can provide a copy of each of them to the appellant.
3
Every such reply shall be signed by a member of the Chief Inspector’s staff who has been authorised by him to sign such documents and shall be delivered to the Tribunal not later than twenty-eight days after the date on which the copy of the notice of appeal was received by the Chief Inspector from the Tribunal.
4
The Chief Inspector may include in the reply, or in a separate notice to the Tribunal:–
a
a request for further particulars of the appeal;
b
a request for a determination of any question as a preliminary issue.
5
The provisions of paragraph (3) of regulation 14 shall apply in relation to any document required by paragraph (2) above to be included with the reply.
Amendment of reply and application for directions by the Chief Inspector
11
1
The Chief Inspector may at any time before he is notified of the date of the hearing of the appeal amend his reply or deliver a supplementary statement by way of reply.
2
The Chief Inspector may amend any reply or supplementary statement with the leave of the Tribunal at any time after he has been notified of the date of the hearing of the appeal or at the hearing itself. The Tribunal may grant such leave on such terms as it thinks fit, including the payment of costs.
3
The Chief Inspector may apply to the Tribunal to give directions as to any matter relating to the hearing of the appeal.
4
The Chief Inspector shall send a copy of every amendment and supplementary statement to the Tribunal.
Failure to reply and absence of opposition
12
If no reply is received by the Tribunal within the time appointed by regulation 10(3) or any extension of time allowed by the Tribunal, or if the Chief Inspector states in writing that he does not resist the appeal, or withdraws his opposition to the appeal, the Tribunal may determine the appeal on the basis of the notice of appeal without a hearing.
Representation at, and action of the Chief Inspector on notification of, hearing
13
1
At the hearing of an appeal, the Chief Inspector may be represented by counsel or a solicitor or a member of his staff.
2
When he receives a notice of the time and place of the hearing of the appeal, the Chief Inspector shall inform the Tribunal whether or not he intends to attend or be represented at the hearing, and whether or not he intends to call witnesses.
3
If the Chief Inspector does not intend to attend or be represented at the hearing, he may send to the Tribunal additional written representations in support of his reply.
PART 3: PREPARATION FOR A HEARING
Acknowledgement and registration of appeal and service of documents by proper officer
14
1
Upon receiving a notice of appeal, the proper officer shall:–
a
send to the appellant a notice of its receipt, which shall include a notification that advice in relation to the proceedings may be obtained from the office of the Tribunal; and
b
enter particulars of it in a register, and inform the parties in writing of the case number of the appeal entered in the register (which shall thereafter constitute the title of the proceedings) and of the address to which notices and other communications to the Tribunal shall be sent.
2
Subject to paragraph (3), the proper officer shall forthwith serve a copy of a notice of appeal and of any reply, together with any amendments or supplementary statements, written representations or other documents received from a party, on the other party:
Provided that if any such matter is sent or delivered to the Tribunal after the time prescribed by these Regulations, the proper officer shall defer the service of such copies pending a decision by the Tribunal for the extension of the time limit.
3
If any document referred to in paragraph (2) contains any matter that relates to intimate personal or financial circumstances, is commercially sensitive, or consists of information communicated or obtained in confidence and for that reason the Chief Inspector seeks to restrict its disclosure, he shall inform the Tribunal of that fact and of his reasons for seeking such a restriction. In any such case the proper officer shall serve the copies as provided in this regulation only in accordance with the directions of the Tribunal.
Directions in preparation for a hearing
15
1
The Tribunal may at any time, on the application of a party or of its own motion, give such directions (including the issue of a witness summons) as are provided in this Part of these Regulations to enable the parties to prepare for the hearing or to assist the Tribunal to determine the issues:
Provided that:–
no person shall be compelled to give any evidence or produce any document or other material that he could not be compelled to give or produce at a trial of an action in a court of law in England or Wales; and
in exercising the powers conferred by this regulation, the Tribunal shall take into account the need to protect any matter that relates to intimate personal or financial circumstances, is commercially sensitive, or consists of information communicated or obtained in confidence.
2
An application by a party for directions shall be made in writing to the Tribunal and, unless it is accompanied by the written consent of the other party, shall be served by the Tribunal on the other party. If the other party objects to the directions sought, the Tribunal shall consider the objection and, if it considers it necessary for the determination of the application, shall give the parties an opportunity of appearing before it.
3
A direction shall include a statement of the possible consequences for the appeal, as provided by regulation 19, of a party’s failure to comply with the direction within the time allowed by the Tribunal.
Particulars and supplementary statements
16
The Tribunal may give directions requiring either party to provide any particulars or supplementary statements as may be reasonably required for the determination of the appeal within such time as the Tribunal may allow.
Disclosure of documents and other material
17
The Tribunal may give directions requiring a party to deliver to the Tribunal within such time as the Tribunal may allow any document or other material which the Tribunal may require and which it is in the power of the party to deliver. The Tribunal shall make such provision as it thinks necessary to supply copies of any document obtained under this regulation to the other party, and it shall be a condition of such supply that a party shall use such a document only for the purposes of the appeal.
Summoning of witnesses
18
1
The Tribunal may by summons require any person in England or Wales to attend as a witness at a hearing of an appeal at such time and place as may be specified in the summons and, subject to the proviso to regulation 15(1), at the hearing to answer any questions or produce any documents in his custody or under his control which relate to any matter in question in the appeal:
Provided that:–
no person shall be required to attend in obedience to such a summons unless he has been given at least seven days' notice of hearing or, if less than seven days, has informed the Tribunal that he accepts such notice as he has been given; and
no person, other than the appellant or the Chief Inspector or a member of his staff, shall be required in obedience to such a summons to attend and give evidence or produce any document unless the necessary expenses of his attendance are paid or tendered to him.
Failure to comply with certain directions
19
If any directions given to a party under this Part of these Regulations are not complied with by that party, the Tribunal may, before or at the hearing, dismiss the whole or part of the appeal or, as the case may be, strike out the whole or part of the Chief Inspector’s reply and, where appropriate, direct that the Chief Inspector shall be debarred from contesting the appeal altogether:
Provided that the Tribunal shall not so dismiss or strike out or give such a direction unless it has sent notice to the party who has not complied with the direction giving him an opportunity within a period of not less than twenty-one days to explain why it should not do so.
Varying or setting aside of directions
20
Where a person to whom a direction (including any summons) issued under this Part of these Regulations is addressed had no opportunity of objecting to the making of such direction, he may apply to the Tribunal to vary it or set it aside, but the Tribunal shall not do so without first notifying the person who applied for the direction and considering any representations made by him.
Notice of place and time of hearing
21
1
A proper officer shall, with due regard to the convenience of the parties, appoint a time and place for an oral hearing and, not less than twenty-one days before the date so fixed (or such shorter time as the parties agree), send to each party a notice of the hearing at such time and place.
2
The proper officer shall include in or with the notice of hearing:
a
information and guidance, in a form approved by the Chairman, as to attendance at the hearing of the parties and witnesses, the bringing of documents, and the right of representation by another person;
b
a statement of the right of the parties to ask for and to receive reasons in writing for a decision of the Tribunal;
c
a statement explaining the possible consequences of non-attendance and of the right of any party who does not attend and is not represented, to make representations in writing.
3
The Tribunal may alter the time and place of any oral hearing and the proper officer shall give the parties not less than seven days (or such shorter time as the parties agree) notice of any such alteration:
Provided that any altered hearing date shall not (unless the parties agree) be before the date notified under paragraph (1) of this regulation.
4
The Tribunal may from time to time adjourn the oral hearing and, if the time and place of the adjourned hearing are announced before the adjournment, no further notice shall be required.
Public notice of hearings
22
The proper officer shall provide for public inspection at the principal office of the Tribunal a list of all appeals for which an oral hearing is to be held and of the time and place fixed for the hearing.
PART 4: DETERMINATION OF APPEALS
Power to determine an appeal without a hearing
23
1
The Tribunal may determine an appeal, or any particular issue, without an oral hearing–
a
if both parties so agree in writing; or
b
in the circumstances described in regulation 12; or
c
if it appears to the Tribunal that the issues raised on the appeal have been determined on a previous appeal brought by the appellant on the basis of facts which did not materially differ from those to which the appeal relates and the Tribunal has given the parties an opportunity of making representations to the effect that the appeal ought not to be determined without a hearing.
2
The provisions of regulations 25(2) and 26(5) shall apply in respect of the determination of an appeal, or any particular issue, under this regulation.
Hearings to be in public: exceptions
24
1
The hearing of an appeal shall be in public unless, having regard to all the circumstances, the Tribunal directs that the hearing or any part of the hearing shall take place in private.
2
In exercising the power conferred by paragraph (1) the Tribunal shall take into account the need to protect any matter that relates to intimate personal or financial circumstances, is commercially sensitive, or consists of information communicated or obtained in confidence.
3
The following persons may attend the hearing of an appeal notwithstanding that it is in private–
a
a member of the Council on Tribunals in his capacity as such; and
b
any other person with the leave of the Tribunal and the consent of the parties present.
– and the member of the Council on Tribunals may remain with the Tribunal during, but may take no part in, their deliberations as to their decision, notwithstanding that other persons present at the hearing have been required to withdraw.
4
Without prejudice to any other powers it may have, the Tribunal may exclude from the hearing, or part of it, any person whose conduct has disrupted or is likely, in the opinion of the Tribunal, to disrupt the hearing.
Failure of parties to attend at hearing
25
1
If a party fails to attend or be represented at a hearing of which he has been duly notified, the Tribunal may:–
a
unless it is satisfied that there is sufficient reason for such absence, hear and determine the appeal in the party’s absence; or
b
adjourn the hearing;
and may make such order as to costs as it thinks fit.
2
Before deciding to dispose of any appeal in the absence of a party, the Tribunal shall consider any representations in writing submitted by that party in response to the notice of hearing and, for the purpose of this regulation, the notice of appeal and any reply shall be treated as representations in writing.
3
Where an appellant has failed to attend a hearing of which he was duly notified, and the Tribunal has disposed of the appeal, no fresh appeal may be made by the appellant to the Tribunal against the same disputed decision without the prior leave of the Tribunal.
Provided that nothing in this paragraph shall preclude the appellant making an application for a review of the Tribunal’s decision under regulation 29.
Procedure at hearing
26
1
At the beginning of the hearing the Chairman shall explain the order of proceeding which the Tribunal proposes to adopt.
2
Subject to this regulation, the Tribunal shall conduct the hearing in such manner as it considers most suitable to the clarification of the issues before it and generally to the just handling of the proceedings; it shall so far as appears to it appropriate seek to avoid formality in its proceedings.
3
The parties shall be heard in such order as the Tribunal shall determine. They shall be entitled to give evidence, to call witnesses, to question any witnesses and to address the Tribunal both on the evidence and generally on the subject matter of the appeal.
4
Evidence before the Tribunal may be given orally or, if the Tribunal so orders, by affidavit or written statement, but the Tribunal may at any stage of the proceedings require the personal attendance of any deponent or maker of a written statement.
5
The Tribunal may receive evidence of any fact which appears to the Tribunal to be relevant notwithstanding that such evidence would be inadmissible in proceedings before a court of law, but shall not refuse to admit any evidence which is admissible at law and is relevant.
6
At any hearing the Tribunal may, if it is satisfied that it is just and reasonable to do so, permit a party to rely on grounds not stated in his notice of appeal or, as the case may be, his reply and to adduce any evidence not presented to the Chief Inspector before or at the time he took the disputed decision.
7
A Tribunal may require any witness to give evidence on oath or affirmation and for that purpose there may be administered an oath or affirmation in due form.
Expert evidence
27
The Tribunal may, where it considers it desirable to do so, request any person to assist it at a hearing by attending to give expert evidence on payment to him of such fee as the Tribunal considers reasonable.
Decision by Tribunal
28
1
A decision of the Tribunal may be taken by a majority and the decision shall record whether it was unanimous or taken by a majority:
Provided that where in accordance with regulation 33 the Tribunal is constituted by two members, the Chairman shall have a second or casting vote.
2
The decision of the Tribunal may be given orally at the end of a hearing or reserved and, in any event, whether there has been a hearing or not, the decision shall be recorded in a document which, save in the case of a decision by consent, shall contain a statement of the reasons for the decision, and shall be signed and dated by the Chairman.
3
Subject to paragraph (4), every document referred to in this regulation shall, as soon as may be, be entered in the register and the proper officer shall send a copy of the entry to each party.
4
Where any such document refers to any evidence that has been heard in private, only a summary of the document, omitting such material, shall be entered in the register as the Tribunal may direct, but copies of the complete document shall be sent to the parties together with a copy of the entry.
5
Except where a decision has been announced at the conclusion of a hearing, it shall be treated as having been made on the date on which the copy is sent to the appellant.
Review of Tribunal’s decision
29
1
If, on the application of a party or of its own motion, a Tribunal is satisfied that:–
a
its decision was wrongly made as a result of an error on the part of the Tribunal staff;
b
a party, who was entitled to be heard at a hearing but failed to appear or be represented, had good and sufficient reason for failing to appear;
c
new evidence has become available since the making of the decision, provided that its existence could not have been reasonably known of or foreseen; or
d
the interests of justice require,
the Tribunal may review and, by certificate under the Chairman’s hand, set aside or vary the relevant decision.
2
An application for the purposes of paragraph (1) may be made immediately following the decision at the hearing. If an application is not made at the hearing, it shall be made not later than fourteen days after the date on which the decision was sent to the parties, and shall be in writing stating the grounds in full. When the Tribunal proposes to review its decision of its own motion, it shall serve notice of that proposal on the parties within the same period.
3
The parties shall have an opportunity to be heard by the Tribunal on any application or proposal for review under this regulation and the review shall be determined by the Tribunal which decided the case or, where it is not practicable for it to be heard by that Tribunal, by a Tribunal appointed by the Chairman; and if, having reviewed the decision, the decision is set aside, the Tribunal shall substitute such decision as it thinks fit or order a rehearing before either the same or a differently constituted Tribunal.
4
The certificate of the Chairman as to the setting aside and substitution of the Tribunal’s decision under this regulation shall be sent to the proper officer, who shall immediately make such correction as may be necessary in the register and shall send a copy so corrected to each of the parties.
Costs
30
1
In any appeal before the Tribunal, including one withdrawn under regulation 7 above, the Tribunal may make an order awarding costs–
a
against the appellant and in favour of the Chief Inspector where it considers that the appeal was manifestly unreasonable;
b
against the Chief Inspector and in favour of the appellant where it considers that the disputed decision was manifestly unreasonable;
c
where it considers that a party has been responsible for frivolous, vexatious, improper or unreasonable action or for any delay which with diligence could have been avoided, against that party and in favour of the other;
but the Tribunal shall not make an order awarding costs against a party without first giving that party an opportunity of making representations against the making of the order.
2
An order under paragraph (1) above may be to the party at fault to pay to the other party either a specified sum in respect of the costs incurred by that other party in connection with the proceedings or the whole or part of such costs.
PART 5: ADDITIONAL POWERS OF, AND PROVISIONS RELATING TO, THE TRIBUNAL
Miscellaneous powers of Tribunal
31
1
Subject to the provisions of the Act and these Regulations, the Tribunal may regulate its own procedure.
2
The Tribunal may, if it thinks fit:–
a
extend the time appointed by or under these Regulations for doing any act, notwithstanding that the time appointed may have expired;
b
if the appellant shall at any time give notice of the withdrawal of his appeal, dismiss the proceedings;
c
if both the parties agree in writing upon the terms of a decision to be made by the Tribunal, decide accordingly (and in making any such decision, it shall not be necessary for the Tribunal to give reasons);
d
subject to the proviso below, at any stage of the proceedings order to be struck out or amended any notice, reply, supplementary statement or written representation on the grounds that it is scandalous, frivolous or vexatious;
e
subject to the proviso below, order any appeal to be struck out for undue delay:
Provided that before making any order under sub-paragraphs (d) or (e) above, the Tribunal shall send notice to the party against whom it is proposed that any such order should be made giving him an opportunity to explain why such an order should not be made.
Irregularities
32
1
Any irregularity resulting from failure to comply with these Regulations before the Tribunal has reached its decision shall not by itself render the proceedings void, but after giving the parties the opportunity within a period of not less than twenty-one days to make representations about the irregularity, the Tribunal may, and shall if it considers that any person may have been prejudiced, take such steps as it thinks fit before reaching its decision to cure the irregularity, whether by amendment of any document, the giving of any notice or otherwise.
2
Clerical mistakes in the document referred to in regulation 28, or errors arising in such document from an accidental slip or omission, may at any time be corrected by the Chairman by certificate under his hand.
Absence of member of Tribunal
33
If, after the commencement of any hearing, a member other than the Chairman is absent, the appeal may, with the consent of the parties, be heard by the other two members and, in that event, the Tribunal shall be deemed to be properly constituted.
Power of Chairman to exercise powers of Tribunal
34
Any act required or authorised by these Regulations other than the decision of an appeal (not being a decision on an unopposed appeal) or the making of an order disposing of the appeal following a review under regulation 29 may be done by the Chairman:
Provided that where an order is made by the Chairman under paragraph (2)(d) or (e) of regulation 31, it shall not have effect unless it is confirmed by the Tribunal.
PART 6: MISCELLANEOUS
Proof of documents and certification of decisions
35
1
Any document purporting to be a document duly executed by a proper officer on behalf of the Tribunal shall, unless the contrary is proved, be deemed to be a document so executed or issued as the case may be.
2
A document purporting to be certified by a proper officer to be a true copy of any entry of a decision in the register shall, unless the contrary is proved, be sufficient evidence of the entry and of matters contained in it.
Method of sending, delivering or serving documents, etc.
36
1
Any document required or authorised by these Regulations to be sent or delivered to, or served on any person or authority shall be duly sent, delivered or served on that person:–
a
if it is sent to him at his proper address by post in a registered letter or by recorded delivery;
b
if it is sent to him at that address by facsimile, telex or other similar means which produce a document containing a text of the communication, in which event the document shall be regarded as sent when it is received in a legible form;
c
if it is delivered to him or left at his address.
2
If a notice of appeal is sent by registered post or recorded delivery, it shall be treated as if it had been received by the Tribunal on the day after the date on which it is received for despatch by the Post Office.
3
An appellant may at any time by notice to the Tribunal change his address for service under these Regulations with effect from the date when that notice is received by a proper officer of the Tribunal.
Time
37
Where the time prescribed by these Regulations for doing any act expires on a Sunday or public holiday, the act shall be in time if done on the next following day which is not a Sunday or public holiday.
Signed by authority of the Secretary of State.
Margaret Hodge
Parliamentary Under Secretary of State,
Department for Education and Employment
1st February 1999
Peter Hain
Parliamentary Under Secretary of State, Welsh Office
4th February 1999


type: legislation

jurisdiction: UK

text:
1
These Regulations may be cited as the Double Taxation Relief (Taxes on Income) (General) (Dividend) (Revocation) Regulations 1999 and shall come into force on 21st July 1999.
2
The Double Taxation Relief (Taxes on Income) (General) (Dividend) Regulations 1973 are hereby revoked.
Nick Montagu
Tim Flesher
Two of the Commissioners of Inland Revenue
7th July 1999


text:
PART I
PRELIMINARY
Citation and commencement
1
These Regulations may be cited as the Telecommunications (Interconnection) (Number Portability, etc.) Regulations 1999 and shall come into force as follows:
a
except for regulation 5, these Regulations shall come into force on 19th January 2000;
b
regulation 5 shall come into force on 1st March 2000.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Telecommunications Act 1984 ;
“the Amending Interconnection Directive” means Directive 98/61/ EC of the European Parliament and of the Council amending the Interconnection Directive with regard to operator number portability and carrier pre-selection ;
“the EEA Agreement” means the agreement on the European Economic Area signed at Oporto on 2 May 1992 as adjusted by the Protocol signed at Brussels on 17 March 1993 ;
“the Interconnection Directive” means Directive 97/33/EC of the European Parliament and of the Council of 30 June 1997 on interconnection in telecommunications with regard to ensuring universal service and interoperability through application of the principles of Open Network Provision ;
“the principal Regulations ” means the Telecommunications (Interconnection) Regulations 1997 ;
“the Standard Schedules Regulations ” means the Telecommunications (Licence Modification) (Standard Schedules) Regulation 1999 ;
“Systemless Service Provider” means a person who provides publicly available telecommunication services but who does not run a telecommunications system within the meaning of Section 4 of the Act by means of which such services are provided.
2
Any expression used in these Regulations which is also used in the Amending Interconnection Directive has the same meaning in these Regulations as it has in that Directive.
3
Any other expression used in these Regulations which appears in Schedule 1 to the Standard Schedules Regulations has the same meaning in these Regulations as it has in that Schedule.
4
Except where the context otherwise requires and subject to paragraphs (1) to (3), any expression used in these Regulations which is also used in the Act has the same meaning in these Regulations as it has in the Act.
PART II
AMENDMENTS TO THE PRINCIPAL REGULATIONS
Definitions
3
Regulation 2(2) of the principal Regulations is amended as follows:
a
in the definition of “European Public Operator” before the word “Directive” there shall be inserted the word “Interconnection”;
b
before the definition of “interconnection” there shall be inserted the following definition —
“geographic number” means a number from the national numbering plan where part of its digit structure contains geographic significance used for routing calls to the physical location of the network termination point of the subscriber to whom the number has been assigned;
;
c
after the definition of “interconnection” there shall be inserted the following definition —
“Integrated Services Digital Network” ( ISDN ) means a network evolved from the telephony integrated digital network that provides for end-to-end digital connectivity to support a wide range of services, including voice and non-voice services, to which users have access by standard multipurpose customer interfaces;
;
d
before the definition of “Universal service” there shall be inserted the following definition —
“subscriber” means a person who is party to a contract with the provider of publicly available telecommunications services for the supply of such services.
.
Responsibilities of the Secretary of State and the Director
4
1
Regulation 6(3) of the principal Regulations is amended by the deletion of the words “the Director may intervene at any time, and shall do so on the request of either party, in order to make a direction” and the substitution of the words “the Director may make a direction at any time, and shall do so on the request of either party”.
2
Regulations 6(6) and (7) and 10(2) are amended by the deletion of the word “published” and the substitution of the words “made available”.
3
Regulation 6(11) is amended by the substitution of the letter “(e)” for the letter “(f)”.
Data protection
5
Regulation 7(5) of the principal Regulations is amended by the deletion of the words “relevant regulatory provisions on the protection of data including the protection of personal data” and the substitution of the words “section 101 of the Act, the Data Protection Act 1998 and the Telecommunications (Data Protection and Privacy) Regulations 1999” .
Numbering
6
Regulation 11(1) of the principal Regulations is amended by substituting for sub-paragraph (1)(c) the following sub-paragraph —
c
encourage the earliest possible introduction of operator number portability whereby subscribers who so request can retain their numbers on the fixed public telephone network and the ISDN independent of the organisation providing service, in the case of geographic numbers at a specific location and in the case of other than geographic numbers at any location.
.
Collocation and facility sharing
7
Regulation 10(1) of the principal Regulations is amended by the insertion after the words “use of property” of the words “in accordance with sections 34 to 40 of, and paragraphs 2 to7 of Schedule 2 to, the Act.”.
Number portability — Systemless Service Providers
8
1
A Systemless Service Provider shall provide Number Portability on reasonable terms to any of its Subscribers who notify it in writing that they require it to provide them with Number Portability.
2
A Systemless Service Provider shall provide Portability in relation to any request for Portability made to it by an Operator or a Service Provider (other than Mobile Portability or Paging Portability) on reasonable terms, in accordance with the Functional Specification and as though the number portability condition set out in Schedule 7 to the principal Regulations applied to it.
3
Without prejudice to any right which a subscriber may have, by virtue of this regulation or otherwise, to bring civil proceedings in respect of any contravention or apprehended contravention of the duty referred to in this regulation, compliance shall be enforceable by the Director by civil proceedings for an injunction or interdict or any other appropriate relief.
Modification of licences to include the number portability condition
9
1
The definitions set out in Part I of Schedule 1 hereto shall be inserted in the appropriate places in alphabetical order or replace the existing definitions (as the case may be) in paragraph 1 of Part I of Schedule 1 to the Standard Schedules Regulations.
2
The condition set out in Part II of Schedule 1 hereto shall be inserted as a new condition 28 in place of the existing condition 28 in Part 2 of Schedule 1 to the Standard Schedules Regulations and the reference to condition 28.7 in condition 64.10 in Schedule 2 to the Standard Schedules Regulations shall be replaced by reference to condition 28.5.
3
Regulation 13 of the principal Regulations is amended by the insertion at the end of that regulation as follows:
4
Each licence which, other than by virtue of incorporation of the Standard Schedules, contains a condition entitled “Number Portability” or “Fixed Number Portability” in respect of a fixed telecommunications service is hereby modified by the substitution of new definitions set out in Part I of Schedule 7 to these Regulations for the definitions of the same terms contained in the licence and the substitution of the new number portability condition set out in Part II of Schedule 7 to these Regulations for the condition entitled “Number Portability” or “Fixed Number Portability.”
4
There shall be added as Schedule 7 to the principal Regulations the Schedule set out in Schedule 2 hereto.
EEA Agreement
10
Consequent upon the extension of the Interconnection Directive to the European Economic Area by Decision no. 7/99 of the EEA Joint Committee the references to “Member State” in the definitions of “European Public Operator” and “special rights” and in Regulation 6(1)(d) and (9) of the principal Regulations shall be interpreted as including a contracting party to the EEA Agreement.
Patricia Hewitt
Minister of State for Small Business and E-Commerce,
Department of Trade and Industry
23rd December 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Health Authorities (England) Establishment Order 1996 Amendment and the Cambridgeshire and Norfolk Health Authorities (Establishment etc.) (Amendment) Order 1999 and shall come into force on 1st April 1999.
2
In this Order, “the Principal Order ” means the Health Authorities (England) Establishment Order 1996 Amendment and the Cambridgeshire and Norfolk Health Authorities (Establishment etc.) Order 1999 .
Amendment of Order
2
1
In article 3(1) of the Principal Order, for the words “For the area of the county of Cambridgeshire”, there are substituted the words “For the area of the counties of Cambridgeshire and Peterborough”.
2
In article 3(2) of the Principal Order, for the words “The County of Cambridgeshire.” (which describe the area), there are substituted the words “The Counties of Cambridgeshire and Peterborough.”.
Frank Dobson
One of Her Majesty’s Principal Secretaries of State,
Department of Health
30th March 1999


text:
Citation and commencement
1
This Order may be cited as the Southend 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 Southend Education Action Zone (“the zone”) for the purposes of Chapter III of Part I of the School Standards and Framework Act 1998.
Education Action Forum
4
There shall be an Education Action Forum for the zone to be known as the Southend Education Action Forum (“the Forum”), the membership of which shall include —
a
one person appointed by the governing body of each zone school, unless any such governing body choose not to make such an appointment;
b
either one or two persons appointed by the Secretary of State; and
c
one person appointed by each partner, unless any partner chooses not to make such an appointment.
5
The Forum may at any time appoint additional members as follows —
a
up to three elected members of Southend Borough Council;
b
up to seven governors of zone schools;
c
up to three persons representing the interests of business;
d
up to two parents of registered pupils attending zone schools; and
e
up to two persons representing the interests of the voluntary sector.
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:
Citation and commencement
1
These Regulations may be cited as the Non-Domestic Rating Contributions (England) (Amendment) Regulations 1999 and shall come into force on 31st December 1999.
Amendment of the 1992 Regulations
2
Schedules 1 and 2 to the Non-Domestic Rating Contributions (England) Regulations 1992 are amended as follows.
Rules for calculations of contributions
3
1
In relation to financial years beginning on or after 1st April 2000, in Schedule 1 —
a
in paragraph 1(4), for “1999” there is substituted “2000”;
b
in paragraph 4(4), for “1999 is £82,506,000” there is substituted “2000 is £83,476,000”;
c
for Part II there is substituted —
PART II
COST FACTORS
Name or description of authority Cost factor
The councils of the districts of Broxbourne, Dartford, Elmbridge, Epping Forest, Epsom and Ewell, Hertsmere, Reigate and Banstead, Slough, South Bucks, Spelthorne, Three Rivers, Watford 1.1370 The councils of the districts of Basildon, Bracknell Forest, Brentwood, Chiltern, Crawley, Dacorum, East Hertfordshire, Guildford, Harlow, Mole Valley, Runnymede, St Albans, Sevenoaks, Surrey Heath, Tandridge, Thurrock, Waverley, Welwyn Hatfield, Windsor and Maidenhead, Woking 1.1032 The council of a district, other than a district named above, which falls within the county of Bedfordshire, Berkshire, Buckinghamshire, East Sussex, Essex, Hampshire, Hertfordshire, Kent, Oxfordshire or West Sussex 1.0422 The council of a district other than a district named, or falling within a description given, above 1.0 The council of an inner London borough 1.2094 The council of an outer London borough 1.1010 The Common Council of the City of London 1.4859 The Council of the Isles of Scilly 1.0 The Isle of Wight Council 1.0422
.
Assumptions relating to provisional amounts
4
In relation to financial years beginning on or after 1st April 2000, in Schedule 2 —
a
in paragraph 2(12), for “0.92” there is substituted “1.0”;
b
for the table in paragraph 8(1) there is substituted the following —
Name or description of authority Percentage
The council of a metropolitan district 1.1 The council of a non-metropolitan district which has the functions of a county council 1.0 The council of a non-metropolitan district which does not have the functions of a county council 0.7 The council of an inner London borough, and the Common Council of the City of London 1.3 The council of an outer London borough 2.2 The Council of the Isles of Scilly and the Isle of Wight Council 1.0
.
Areas ceasing to be enterprise zones
5
In relation to the financial year beginning in 2000, for Part II of Schedule 2 there is substituted —
PART II
PRESCRIBED AMOUNTS IN RESPECT OF ENTERPORISE ZONES
Name of authority Name of enterprise zones Prescribed amount
Sunderland City Council Sunderland ( No. 1), (No. 2) and (No. 3) £12,300,000
.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Hilary Armstrong
Minister of State
Department of the Environment, Transport and the Regions
9th December 1999


text:
Citation and commencement
1
These Regulations may be cited as the Education (Amendment of School and Pupil Information Regulations) (England) Regulations 1999 and shall come into force on 19th November 1999.
Amendment
2
1
The Education (School Performance Information) (England) Regulations 1999 shall be amended as follows.
2
In regulation 2(1) (interpretation)–
a
there shall be inserted after the definition of “non-maintained special school” the following definition–
“permanent exclusion” means the permanent exclusion of a pupil from a school on disciplinary grounds and “permanently excluded” shall be construed accordingly;
;
b
there shall be inserted after the definition of “public examination” the following definition–
“Register” means the register of pupils kept under section 434 of the 1996 Act and in accordance with the Education (Pupil Registration) Regulations 1995 ;
.
3
After regulation 11A in Part III (provision of information to the Secretary of State and local education authorities), there shall be added the following regulation–
Provision of information about permanently excluded pupils to the local education authority
11B
1
The governing body of every maintained school maintained by the authority to which paragraph (2) or (3) applies, shall, within two weeks of the third Thursday in January in each reporting school year, provide to the authority the information referred to in Part I of Schedule 10 in respect of any pupil permanently excluded from the school as referred to in paragraph (2) or (3) as the case may be.
2
This paragraph applies where the permanent exclusion from a maintained school of any pupil, who attained the age of 14 during the period of twelve months ending on the 31st August in the year immediately preceding the year in which the reporting school year begins, takes effect during the school year immediately preceding the reporting school year and who, as at the third Thursday in January in the reporting school year, is not shown as a registered pupil at the school in its Register.
3
This paragraph applies where the permanent exclusion from a maintained school of any pupil, who attained the age of 15 during the period of twelve months ending on the 31st August in the year immediately preceding the year in which the reporting school year begins, takes effect on or after the beginning of the reporting school year and who, as at the third Thursday in January in that school year, is not shown as a registered pupil at the school in its Register.
4
Where any pupil who has been permanently excluded from a school as referred to in paragraph (2) or (3) is thereafter and before the third Friday in January in the reporting school year, admitted to any maintained school (referred to in this paragraph as “the admitting school”), the governing body of the admitting school shall provide to the authority, within two weeks of the third Thursday in January in each reporting school year, the information referred to in Part II of Schedule 10 in respect of the pupil.
5
For the purposes of this regulation and Schedule 10, the permanent exclusion of a pupil takes effect on the first school day on which the pupil misses a school session as a result of that permanent exclusion.
.
4
In regulation 14(2) in Part V (publication of information), there shall be omitted “(existing after 1st January 1999)”.
5
In regulation 14(6)(b), there shall be substituted for “before 24th February” the words “on or before 8th December”.
6
In paragraph 1(2) of Schedule 1 (provision of information to the Secretary of State and local education authorities: first key stage results), there shall be inserted after “core subject” the words “and each attainment target in relation to each core subject”.
7
There shall be added after Schedule 9 (provision of information about excluded pupils), the Schedule set out in the Schedule to these Regulations.
3
1
The Education (Individual Pupils' Achievements) (Information) Regulations 1997 shall be amended as follows.
2
In regulation 3(1) (interpretation), there shall be substituted for the definition of “maintained school” the following definition–
“maintained school” means–
a community, foundation or voluntary school, or
a community or foundation special school which is not established in a hospital but excludes any nursery school;
.
3
There shall be omitted from regulation 8(2)(a)(ii) (restrictions on provision of information), the words “grant-maintained or”.
Jacqui Smith
Parliamentary Under Secretary of State,
Department for Education and Employment
25th October 1999


text:
1
These Regulations may be cited as the Partnerships (Unrestricted Size) No. 13 Regulations 1999, and shall come into force on 30th September 1999.
2
Section 716(1) of the Companies Act 1985 does not prohibit the formation, for the purpose of carrying on general medical practice, of a partnership consisting of persons the majority of whom are either registered medical practitioners in general medical practice or, if not so registered, have been awarded diplomas, certificates and other evidence of formal qualifications the mutual recognition of which is provided for in Council Directive 93/16/ EEC .
Kim Howells,
Parliamentary Under-Secretary of State for Competition and Consumer Affairs,
Department of Trade and Industry
3rd September 1999


text:
1
This Order may be cited as the Curfew Condition (Responsible Officer) Order 1999 and shall come into force on 28th January 1999.
2
In this Order–
“place of curfew” means a place specified in a curfew condition as a place at which a released person is required to remain for periods for the time being specified in the curfew condition;
“responsible officer” means the person responsible for monitoring a released person’s whereabouts during the periods for the time being specified in a curfew condition;
and a reference to an area is to be taken as a reference to a police area or, as the case may be, the City of London police area or the metropolitan police district, within the meanings given by section 101(1) of the Police Act 1996 .
3
Where a curfew condition specifies a place in an area specified in Schedule 1 to this Order as a place of curfew, the responsible officer shall be an employee of Premier Monitoring Services Limited of Centennial Court, Easthampstead Road, Bracknell, Berkshire RG12 1YQ.
4
Where a curfew condition specifies a place in an area specified in Schedule 2 to this Order as a place of curfew, the responsible officer shall be an employee of Securicor Custodial Services Limited of Sutton Park, 15 Carshalton Road, Sutton, Surrey SM1 4LD.
5
Where a curfew condition specifies a place in an area specified in Schedule 3 to this Order as a place of curfew, the responsible officer shall be an employee of GSSC of Europe, Limited of Carmelite, 50 Victoria Embankment, London EC4Y 0DX.
Gareth Williams
Minister of State
Home Office
8th January 1999


text:
Citation and commencement
1
These Regulations may be cited as the Double Taxation Relief (Taxes on Income) (Foreign Interest and Dividends) Regulations 1999 and shall come into force on 3rd January 2000.
Interpretation
2
1
In these Regulations unless the context otherwise requires–
“the cost of acquiring the asset”, in relation to a foreign dividend, means–
the cost of acquiring the right to the dividend (if any), and
the cost of acquiring the stocks, funds, shares or securities (if any) out of which, or in respect of which, the dividend is paid;
“interbank market” means the market that exists between banks in a particular place for the purpose of borrowing and lending funds and dealing in currencies, and “the relevant interbank market” means the interbank market which is most appropriate in relation to a loan having regard to all the terms on which it was made;
“interest period”, in relation to a loan, means–
any period specified in the loan agreement as a period for which interest is to be calculated, or, as the case may be, selected in accordance with that agreement by one of the parties thereto, beginning either on the date on which the loan was first made or on the expiry of the preceding interest period; or
where no such period is specified in the loan agreement, but interest is to be calculated under that agreement by reference to a period of at least 360 days, and is payable on two or more specified dates within that period, any period beginning immediately after one and ending on the next of those dates; or
in any other case, any period not exceeding one year which is appropriate in the circumstances of the loan;
“loan agreement” means, in relation to a loan, any agreement in pursuance of which the loan is made;
“qualifying taxpayer” has the meaning given by section 798(4) and (5) ;
“the specified circumstances” means circumstances in which–
section 798 applies, and
the amount of the qualifying taxpayer’s financial expenditure in relation to the earning of the foreign interest or foreign dividends in question is not readily ascertainable;
“subsection (3)” means subsection (3) of section 798B.
2
References in these Regulations to a particular section, without more, are to that section of the Income and Corporation Taxes Act 1988.
Determination of the sum which it is just and reasonable to attribute to the earning of foreign interest or foreign dividends — matters to be taken into account
3
1
This regulation specifies, for the purpose of supplementing subsection (3), matters to be taken into account in determining such sum as it is just and reasonable to attribute to the earning of foreign interest or foreign dividends, in the specified circumstances.
2
Subject to paragraph (6), in relation to a loan there shall be taken into account (whether or not the interest rate payable is determined by reference to rates at which deposits are offered in an interbank market) the interbank bid rates, determined in accordance with regulation 4, which at any time are most appropriate in the circumstances of the loan, having regard to–
a
the amount of principal outstanding on the loan during each interest period,
b
the currency in which the loan is denominated, and
c
the length of each interest period.
3
In relation to foreign interest other than loan interest, paragraph (2), regulation 4 and the definitions of “interbank market”, “the relevant interbank market” and “interest period” shall apply, with the modifications that–
a
references to the loan, or to the loan agreement, are replaced with references to the obligations, under which the right to interest arises;
b
the reference to the date on which the loan was first made is replaced with a reference to the date on which any of those obligations first came into existence; and
c
the reference to principal outstanding is replaced with a reference to any amount other than interest which is owing (whether or not yet due and payable) by the payer of the foreign interest to the qualifying taxpayer.
4
In relation to foreign dividends, paragraph (2), regulation 4 and the definitions of “interbank market” and “the relevant interbank market ” shall apply as if–
a
so much of the cost of acquiring the asset as has not been repaid to the qualifying taxpayer represented a loan from the payee of the dividend to the payer thereof and the dividend represented interest on that loan;
b
the date on which any of the cost of acquiring the asset was first expended by the qualifying taxpayer were the date on which that loan was made; and
c
the interest periods were periods of one year, beginning either–
i
on the date on which the loan is treated as made by sub-paragraph (b), or
ii
on the expiry of the preceding interest period, except in a case where the loan so treated as made subsists for less than a year, where the interest period shall be equal to the period for which the loan so treated as made subsists.
5
Where, in relation to a loan it would be impracticable to establish the interbank bid rates, there shall be taken into account such amount as would, when deducted from the foreign interest payable on the loan in the interest period, provide the lender with a margin no greater than would be usual in the case of loans of that description.
6
Where a qualifying taxpayer establishes to the satisfaction of the inspector that, in relation to all loans, obligations and assets referred to in this regulation (“arrangements”) made or held by him, on which foreign interest or foreign dividends arose in any chargeable period, the sums attributable under paragraphs (2) to (5) would be greater than the total amount of the expenditure incurred in financing those arrangements, there shall be taken into account the best estimate of such total expenditure, and in determining that figure, regard is to be had to the cost to the qualifying taxpayer of obtaining funds for such financing, to the terms on which the arrangements were made and to any other relevant matters.
Determination of interbank bid rates of interest
4
The interbank bid rates referred to in regulation 3(2) shall be taken to be the average of the bids that would be made in relation to each interest period applicable to the loan in the relevant interbank market on terms corresponding to the terms of the loan.
Revocation
5
1
The Double Taxation Relief (Taxes on Income) (Foreign Loan Interest) Regulations 1988 are hereby revoked.
2
Anything whatsoever begun under any regulation revoked by these Regulations may be continued under these Regulations as if begun under these Regulations.
Nick Montagu
S C T Matheson
Two of the Commissioners of Inland Revenue
13th December 1999


text:
1
This Order may be cited as the Public Telecommunication System Designation (Carrier One Ltd) Order 1999 and shall come into force on 23rd November 1999.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Patricia Hewitt
Minister for Small Business and E-Commerce,
Department of Trade and Industry
18th October 1999


text:
1
This Order may be cited as the Rail Vehicle Accessibility (Anglia Railways Class 170/2 Vehicles) Exemption Order 1999 and shall come into force on 29th July 1999.
2
Any reference in this Order to a numbered regulation is a reference to a regulation bearing that number in the Rail Vehicle Accessibility Regulations 1998 .
3
This Order applies to the rail vehicles which are numbered 50201 to 50208, 56201 to 56208 and 79201 to 79208 and which form the diesel multiple-units numbered 170201 to 170208 of the class known as “class 170/2” (“the exempted vehicles”) as manufactured by ABB Daimler Benz Transportation ( UK ) Limited for use by Anglia Railways Train Services Ltd.
4
1
Subject to articles 5, 6 and 7 below, the exempted vehicles are hereby authorised to be used for carriage even though they do not conform with those provisions of the Rail Vehicle Accessibility Regulations 1998 referred to in paragraph (2) below.
2
The provisions with which the exempted vehicles are not required to conform are–
regulation 4(3)(b), and
regulation 5, but only in so far as it relates to control devices which are not operated by the application of pressure and which do not control doors which are in the side of an exempted vehicle.
5
1
The exemption given in respect of regulation 4(3)(b) shall cease at the end of 31st December 2000.
2
The exemption given in respect of regulation 5 shall cease at the end of 31st July 2000.
6
The exemption given in respect of regulation 5 shall apply in relation to any exempted vehicle only while instructions for the operation of any door which is operated by a control device to which the exemption relates are displayed on a sign:
a
which is placed on or near that door and on the same side of that door as any such control device; and
b
on which the letters, numbers or diagrams contrast with their background and are identifiable by touch.
7
The authorisation shall cease forthwith in respect of an exempted vehicle which is operated by a person other than Anglia Railways Train Services Ltd unless the Secretary of State has been given written notice in advance specifying the name and address of that other person.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Glenda Jackson
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
7th July 1999


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Insurance Companies (Gilt-edged Securities) (Periodic Accounting for Tax on Interest) Regulations 1999 and shall come into force on 30th March 1999.
2
These Regulations have effect as respects payments of interest on relevant gilt-edged securities made without deduction of tax to an insurance company carrying on pension business that fall within an accounting period of that company beginning before 1st April 1999 and ending on or after 1st July 1999, not being payments to which section 51B(5A) of the Taxes Act refers.
Interpretation
2
In these Regulations unless the context otherwise requires–
“amount of excess gilt interest received” has the same meaning as in the Gilts Regulations ;
“the Gilts Regulations” means the Gilt-edged Securities (Periodic Accounting for Tax on Interest) Regulations 1995 ;
“pension business” has the meaning given by section 431B of the Taxes Act ;
“relevant gilt-edged securities” has the meaning given by section 51B(5) of the Taxes Act;
“return period” has the same meaning as in the Gilts Regulations;
“Schedule 19AB” means Schedule 19AB to the Taxes Act ;
“the Taxes Act” means the Income and Corporation Taxes Act 1988.
Basic rule
3
1
Notwithstanding the provisions of the Gilts Regulations, an insurance company carrying on pension business shall not be required to include in its return for a return period–
a
the amount of tax on the amount of excess gilt interest received in relation to which the condition specified in paragraph (2) below is satisfied, or
b
the appropriate portion of the amount of excess gilt interest received.
2
The condition specified is that the amount of tax referred to in paragraph (1)(a) above is identified in a claim, made by the specified date, for a notional repayment made pursuant to paragraph 1A(1) of Schedule 19AB (as inserted by regulation 6 of these Regulations).
3
In paragraph (1)(b) above “the appropriate portion” has the meaning given by paragraph 1A(7) of Schedule 19AB (as so inserted).
4
In paragraph (2) above “the specified date” means–
a
the date which is 14 days after the end of the return period, or
b
where the return for the return period is made on a date less than 14 days after the end of the return period, that date.
Modifications of Schedule 19AB
4
Regulations 5 to 9 make provision modifying the operation of Schedule 19AB in relation to cases where payments of interest on relevant gilt-edged securities are made without deduction of tax to an insurance company carrying on pension business.
5
1
Paragraphs (2) and (3) below specify modifications of paragraph 1 of Schedule 19AB .
2
In sub-paragraph (2), before the words “For the purposes of this paragraph” there shall be inserted the words “Subject to sub-paragraphs (2A) and (2B) below,”.
3
After sub-paragraph (2) there shall be inserted the following sub-paragraphs–
2A
Sub-paragraph (2B) below has effect where payments of interest on relevant gilt-edged securities are made without deduction of tax to insurance companies carrying on pension business.
2B
For the purposes of this paragraph, a “provisional repayment period” of a company–
a
shall begin–
i
on the date on which the company begins to carry on pension business; or
ii
on the date on which the accounting period of the company beginning before 1st April 1999 and ending on or after 1st July 1999 begins, where the company is carrying on pension business at that time; or
iii
if different from either of the dates referred to in sub-paragraphs (i) and (ii) above, on 1st October 1998 or 1st January 1999, where that date falls within the accounting period referred to in sub-paragraph (ii) above; and
b
shall end on the expiration of a period ending on 30th September 1998, 31st December 1998 or 31st March 1999, where that date falls within the accounting period referred to in paragraph (a)(ii) above.
4
Where by virtue of paragraph 1(2B)(b) of Schedule 19AB (inserted by paragraph (3) above) a provisional repayment period of a company ends on 31st March 1999, being a time when the company is carrying on pension business, a provisional repayment period of the company shall be taken also to have ended on that date for the purposes of paragraph 1(2)(a)(iii) of that Schedule.
6
After paragraph 1 of Schedule 19AB there shall be inserted the following paragraph–
Entitlement to certain notional payments on account
1A
1
An insurance company carrying on pension business shall for each provisional repayment period in its accounting period beginning before 1st April 1999 and ending on or after 1st July 1999 be entitled on a claim made in that behalf by the specified date to a notional payment (in this Schedule referred to as a “notional repayment”) of an amount equal, subject to paragraph 2 below, to the tax on the appropriate portion of the amount of excess gilt interest received in that provisional repayment period and referable to its pension business, or to a notional repayment of such lesser amount as may be specified in the claim.
2
No repayment shall be made to a company in respect of any claim to a notional repayment; but the notional repayment shall be taken to be the amount of tax referred to in regulation 3(1) of the Insurance Companies (Gilt-edged Securities) (Periodic Accounting for Tax on Interest) Regulations 1999.
3
For the purposes of this paragraph a “provisional repayment period” of a company–
a
shall begin–
i
on the date on which the company begins to carry on pension business; or
ii
on the date on which the accounting period of the company beginning before 1st April 1999 and ending on or after 1st July 1999 begins, where the company is carrying on pension business at that time; or
iii
if different from either of the dates referred to in sub-paragraphs (i) and (ii) above, on 1st October 1998 or 1st January 1999, where that date falls within the accounting period referred to in sub-paragraph (ii) above; and
b
shall end on the expiration of a period ending on 30th September 1998, 31st December 1998 or 31st March 1999, where that date falls within the accounting period referred to in paragraph (a)(ii).
4
In sub-paragraph (1) above “the specified date” means the earlier of the following dates–
a
the date which is 14 days after the end of a provisional repayment period, or
b
where a provisional repayment period coincides with a return period within the meaning of the Gilts Regulations and the return for the return period is made on a date less than 14 days after the end of the return period, that date.
5
In the application of subsections (5) to (9) of section 432A for the purpose of determining the amounts to which a company is entitled by way of notional repayments, the reference in subsection (5) to “the relevant fraction” shall be taken as a reference to the fraction determined in accordance with subsections (6) to (9)–
a
for the latest preceding accounting period of the company for which an inspector is satisfied that the company has supplied him with such information as would enable the relevant fraction for that accounting period to be estimated with reasonable accuracy, and
b
by reference to that information,
and, subject to sub-paragraph (6)(b) below, any reference in this paragraph to “the provisional fraction” is a reference to the fraction so determined.
6
For the purposes of sub-paragraph (5) above–
a
“information” means any information, accounts, statements or reports delivered under section 11 of the Management Act ; and
b
unless and until an inspector is satisfied as mentioned in paragraph (a) of that sub-paragraph, the provisional fraction shall be taken to be nil;
but this sub-paragraph is subject to paragraph 2 below.
7
In sub-paragraph (1) above “the appropriate portion” means–
a
in the case of an insurance company carrying on pension business and no other category of long term business, the whole; and
b
in the case of an insurance company carrying on more than one category of long term business–
i
where the payment in question is of interest on relevant gilt-edged securities arising from an asset linked to pension business, the whole;
ii
where the payment in question is an amount of manufactured gilt interest received derived from an asset which at the time of its transfer (being the transfer referred to in paragraph 3 of Schedule 23A ) was linked to pension business, the whole;
iii
where the payment in question is an amount of manufactured gilt interest paid in respect of an asset linked to pension business, the whole;
iv
if and to the extent that the payment in question is income which is not referable to a category of business by virtue of subsection (3) or (4) of section 432A, the provisional fraction, and
v
except as provided by sub-paragraphs (i) to (iv) above, none.
8
For the purposes of sub-paragraph (7)(b)(iv) above and in relation to a manufactured payment, the provisional fraction shall be found by applying subsections (5) to (9) of section 432A to the payment as if it were an amount of income arising from the assets of the company’s long term fund.
9
In sub-paragraph (1) above “the amount of excess gilt interest received”, in relation to a provisional repayment period, means the amount ascertained in accordance with the formula–
( A + B ) - C
where–
A is the amount of manufactured gilt interest received in that provisional repayment period;
B is the amount of real gilt interest received in that provisional repayment period; and
C is the amount of manufactured gilt interest paid in that provisional repayment period;
and where the aggregate of A and B exceeds C.
10
Where a claim made pursuant to sub-paragraph (1) above is for a lesser amount as mentioned in that sub-paragraph, the appropriate portion of each of the amounts A, B and C specified in sub-paragraph (9) above shall be ascertained in accordance with the formula–
D E
where–
D is the lesser amount of the notional repayment claimed, and
E is the maximum amount of the notional repayment which it is possible for the company to claim.
11
Paragraphs 57 to 60 of Schedule 18 to the Finance Act 1998 (general provisions as to procedure on claims and elections) shall not apply to a claim for a notional repayment.
12
A claim for a notional repayment shall be in such form as the Board may determine and the form of claim shall provide for a declaration to the effect that all the particulars given in the form are correctly stated to the best of the knowledge and belief of the person making the claim.
13
In this paragraph “manufactured payment” means any payment which for the purposes of Schedule 23A is a payment of manufactured interest, and to which paragraph 3A(2)(a) of that Schedule applies.
7
1
Paragraphs (2) to (6) below specify modifications of paragraph 2 of Schedule 19AB .
2
In sub-paragraph (1)(a) and (c), after the words “a provisional repayment”, in both places where they occur, there shall be inserted the words “or a notional repayment”.
3
In sub-paragraph (2)(a)–
a
after the words “any provisional repayment” there shall be inserted the words “or notional repayment”;
b
after the words “sub-paragraph (3)” there shall be inserted the words “or (3A)”.
4
In sub-paragraph (3), at the beginning, there shall be inserted the words “In the case of provisional repayments,”.
5
After sub-paragraph (3) there shall be inserted the following sub-paragraphs–
3A
In the case of notional repayments, the amount referred to in sub-paragraph (2)(a) above is the amount (if any) by which total notional entitlement exceeds total notional past payments, and for this purpose–
“total notional entitlement” means the aggregate of the notional repayments to which the company would have been entitled (apart from this paragraph) for–
the provisional repayment period to which the claim relates, and
any earlier provisional repayment period in the same accounting period,
had the substituted provisional fraction been the provisional fraction for the accounting period as from the beginning of that period; and
“total notional past payments” means the aggregate of any amounts already taken into account by way of notional repayments for provisional repayment periods falling within that accounting period.
3B
In a case where, following the application of sub-paragraph (3A) above, the notional repayment for a provisional repayment period is less than the amount to which the company would be entitled for that provisional repayment period (apart from that sub-paragraph), the appropriate portion of each of the amounts A, B and C specified in paragraph 1A(9) above shall be ascertained in accordance with the formula–
F G
where–
F is the amount of any notional repayment ascertained in accordance with sub-paragraph (3A) above, and
G is the maximum amount of the notional repayment which it is possible for the company to claim (apart from that sub-paragraph).
6
In sub-paragraph (4), at the end there shall be added “; and expressions used in this paragraph and in paragraph 1A above have the same meaning in this paragraph as they have in that paragraph”.
8
1
Paragraphs (2) to (5) below specify modifications of paragraph 3 of Schedule 19AB .
2
In sub-paragraph (1), for paragraph (b) there shall be substituted the following paragraph–
b
the aggregate amount of the provisional repayments made to the company for that accounting period and of the notional repayments to which the company is entitled in respect of that accounting period exceeds the aggregate of the appropriate amount and the relevant final amount,
.
3
After sub-paragraph (1C) there shall be inserted the following sub-paragraph–
1CA
For the purposes of sub-paragraph (1)(b) above, the relevant final amount for the accounting period of a company is the amount (if any) which, on the assumptions in sub-paragraphs (1B) and (1C) above, the company would have been entitled to be repaid, when its self-assessment for the period became final, in respect of income tax borne by deduction on the amount of manufactured gilt interest received and real gilt interest received if those amounts had been paid under deduction of tax, in respect of its pension business for that accounting period on a claim such as is mentioned in section 7.
.
4
In sub-paragraph (5), at the end there shall be added–
; and so much of the principal as does not exceed the amount of the last notional repayment made to the company for the accounting period in question shall be taken to have become outstanding on the date on which the company made the claim referred to in paragraph 1A(1) above
.
5
In sub-paragraph (6)–
a
in paragraph (a), after the words “provisional repayment” there shall be inserted the words “or, as the case may be, notional repayment,”;
b
in paragraph (b), after the words “preceding provisional repayment” there shall be inserted the words “or, as the case may be, preceding notional repayment,”;
c
after the words “that preceding provisional repayment” there shall be inserted the words “or, as the case may be, that preceding notional repayment,”;
d
after the words “any preceding provisional repayments” there shall be inserted the words “or, as the case may be, any preceding notional repayments”.
9
1
Paragraphs (2) and (3) below specify modifications of paragraph 6 of Schedule 19AB .
2
In sub-paragraph (1)–
a
before the definition of “provisional fraction” there shall be inserted the following definitions–
“the Gilts Regulations” means the Gilt-edged Securities (Periodic Accounting for Tax on Interest) Regulations 1995;
“notional repayment” means a notional repayment under paragraph 1A above;
;
b
in the definition of “provisional fraction” after “1(4)” there shall be inserted “, 1A(7) and (9)”;
c
in the definition of “provisional repayment period” after “1” there shall be inserted “or 1A”;
d
at the end there shall be added the following definitions–
“relevant gilt-edged securities” has the meaning given by section 51B(5);
“amount of manufactured gilt interest paid”, “amount of manufactured gilt interest received” and “amount of real gilt interest received” have the same meanings in this Schedule in relation to a provisional repayment period as they have in the Gilts Regulations in relation to a return period.
3
After sub-paragraph (2) there shall be inserted the following sub-paragraph–
2A
Any reference in this Schedule to a notional repayment for an accounting period is a reference to a notional repayment for a provisional repayment period falling within that accounting period.
Revocations
10
1
The Regulations referred to in paragraph (2) below are, to the extent specified in that paragraph, hereby revoked as respects any payments of interest on relevant gilt-edged securities to which, by virtue of regulation 1(2) of these Regulations, these Regulations apply.
2
The Regulations referred to are–
a
the Insurance Companies (Gilt-edged Securities) (Periodic Accounting for Tax on Interest) Regulations 1995 — the whole;
b
the Insurance Companies (Gilt-edged Securities) (Periodic Accounting for Tax on Interest) (Amendment) Regulations 1996 — the whole;
c
the Stock Lending and Manufactured Payments (Revocations and Amendments) Regulations 1997 — regulation 7(2)(c).
David Jamieson
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
9th March 1999


text:
Commencement and citation
1
This Order may be cited as The A1 Trunk Road (Islington) Red Route Traffic Order 1993 Variation Order 1999, and shall come into force on 12th February 1999.
Interpretation
2
The A1 Trunk Road (Islington) Red Route Traffic Order 1993 is varied as provided by the following provisions of this Order.
3
In Schedule 2–
a
in Part I, after paragraph 4, insert the following–
ARCHWAY ROAD
South-west side
4A
From a point 4 metres south-east of the south-eastern kerbline of Waterlow Road to a point 16 metres south-east of the south-eastern kerbline of Waterlow Road.
b
for paragraph 10 substitute the following paragraph–
10
Between a point 58 metres south of the southern kerbline of Theberton Street and a point 40 metres south of the southern kerbline of Theberton Street.
c
in paragraph 22, for the words “30 metres” substitute the words “22 metres”.
d
for paragraph 16 substitute the following–
16
Between a point level with the common boundary of Nos. 120 and 121 Upper Street and a point level with the common boundary of Nos. 115 and 116 Upper Street.
4
In Schedule 3–
a
for paragraph 11 substitute the following paragraph–
11
From a point 40 metres north-west of the north-western kerbline of Wedmore Gardens north-westwards for a distance of 20 metres.
b
for paragraph 14 substitute the following paragraph–
14
Between a point 8 metres south-east of the south-eastern kerbline of Rupert Road and a point level with the party wall of Nos. 541 and 543 Holloway Road.
c
for paragraph 19 substitute the following paragraph–
19
Between a point level with the party wall of Nos. 125 and 124 Upper Street and a point level with the party wall of Nos. 120 and 121 Upper Street.
d
for paragraph 19A substitute the following paragraph–
19A
Between a point level with the common boundary of Nos. 115 and 116 Upper Street and a point 1 metre north of a point level with the common boundary of Nos. 110 and 111 Upper Street.
e
for paragraph 20 substitute the following paragraph–
20
Between a point 40 metres south of the southern kerbline of Theberton Street and a point 17 metres south of the southern kerbline of Theberton Street.
f
delete paragraph 21.
g
for paragraph 25 substitute the following paragraph–
25
Between a point 3 metres south of a point level with the party wall of Nos. 8–9 and 2–7 Upper Street and a point 27 metres north of the northern kerbline of Liverpool Road.
h
for paragraph 34 substitute the following paragraph–
34
Between a point 4 metres south-east of a point level with the party wall of Nos. 164 and 162 Holloway Road and a point 41 metres north of the northern kerbline of Drayton Park.
i
for paragraph 38 substitute the following paragraph–
38
From a point level with the party wall of Nos. 58 and 60 Holloway Road south-eastwards for a distance of 21 metres.
j
for paragraph 40 substitute the following paragraph–
40
Between a point 7 metres south-east of the south-eastern kerbline of Witley Road and a point 39 metres south-east of the south-eastern kerbline of Witley Road.
k
for paragraph 47 substitute the following paragraph–
47
From a point 65 metres south-east of the south-eastern kerbline of Madras Place south-eastwards for a distance of 21 metres.
5
In Schedule 4–
a
for paragraph 2 substitute the following paragraph–
2
Between the boundary with the London Borough of Haringey and a point 4 metres south-east of the south-eastern kerbline of Waterlow Road.
b
after paragraph 2, insert the following paragraph–
2A
Between a point 16 metres south-east of the south-eastern kerbline of Waterlow Road and a point 59 metres south-east of the south-eastern kerbline of Waterlow Road.
c
for paragraph 5 substitute the following paragraph–
5
Between the eastern kerbline of Islington High Street and the western kerbline of Colebrook Row.
d
for paragraph 19 substitute the following paragraph–
19
Between a point 5 metres north-west of a point level with the party wall of Nos. 718 and 720 Holloway Road and a point 5 metres south-east of the boundary wall of Nos. 724 and 726 Holloway Road.
e
for paragraph 21 substitute the following paragraph–
21
Between the south-eastern kerbline of Kingsdown Road and the north-western kerbline of Alexander Road.
f
for paragraph 22 substitute the following paragraph–
22
From the south-eastern kerbline of Manor Gardens south-eastwards for a distance of 52 metres.
g
for paragraph 24 substitute the following paragraph–
24
From a point 31 metres south-east of a point level with the party wall of Nos. 450 and 452 Holloway Road south-eastwards for a distance of 42 metres.
h
for paragraph 29, for the words “19 metres” substitute the words “30 metres”.
i
for paragraph 30 substitute the following paragraph–
30
Between a point 19 metres north-west of a point level with the party wall of Nos. 164 and 166–170 Holloway Road and a point 4 metres south-east of a point level with the party wall of Nos. 164 and 162 Holloway Road.
j
for paragraph 33 substitute the following paragraph–
33
Between a point 21 metres south-east of the party wall of Nos. 58 and 60 Holloway Road and a point level with the north-western boundary wall of No. 48 Holloway Road.
k
delete paragraph 36.
l
for paragraph 37 substitute the following paragraph–
37
Between a point 60 metres north-west of the north-western kerbline of Wedmore Gardens and a point opposite the south-eastern kerbline of Fairbridge Road.
m
for paragraph 38 substitute the following paragraph–
38
Between a point level with the party wall of Nos. 541 and 543 Holloway Road and a point 10 metres south-east of the south-eastern kerbline of Wedmore Street.
n
for paragraph 39 substitute the following paragraph–
39
Between the north-west kerbline of Mercers Road and a point 52 metres north-west of the northern kerbline of Mercers Road.
o
in paragraph 47, for the words “62 metres” substitute the words “65 metres”.
p
for paragraph 48 substitute the following paragraph–
48
From a point level with the party wall of Nos. 35 and 37 Holloway Road north-westwards for a distance of 35 metres.
q
after paragraph 52, insert the following paragraph–
52A
Between a point 33 metres south of the southern kerbline of Compton Terrace and the northern kerbline of Compton Terrace.
r
for paragraph 55 substitute the following paragraph–
55
Between a point 11.5 metres north of the northern kerbline of Tyndale Lane and a point 32 metres south of the southern kerbline of Tyndale Lane.
s
for paragraph 56 substitute the following paragraph–
56
Between a point 72 metres south of the southern kerbline of Cross Street and a point 48 metres north of the northern kerbline of Gaskin Street.
t
for paragraph 57 substitute the following paragraph–
57
Between a point 110 metres south of the southern kerbline of Gaskin Street and the north-west kerbline of Islington Green (south-west arm).
u
for paragraph 59 substitute the following paragraph–
59
Between a point level with the party wall of Nos. 241 and 242 Upper Street and a point 13 metres south of the southern kerbline of Laycock Street.
v
for paragraph 61 substitute the following paragraph–
61
Between a point 95 metres north of the northern kerbline of Barnsbury Street and a point 50 metres north of the northern kerbline of Barnsbury Street.
w
for paragraph 62 substitute the following paragraph–
62
Between a point 41.5 metres south of the southern kerbline of Almeida Street and a point level with the party wall of Nos. 125 and 124 Upper Street.
x
for paragraph 63 substitute the following paragraph–
63
Between a point 83 metres south of the southern kerbline of Theberton Street and a point 58 metres south of the southern kerbline of Theberton Street.
y
for paragraph 64 substitute the following paragraph–
64
Between a point 3 metres south of a point level with the party wall of Nos. 8–9 and 2–7 Upper Street and a point 74 metres north of a point level with the party wall of Nos. 12 and 13 Upper Street.
z
for paragraph 65 substitute the following paragraph–
65
Between a point 28 metres south of a point level with the party wall of Nos. 8–9 and 2–7 Upper Street and the northern kerbline of Liverpool Road.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
8th February 1999


text:
1
1
This Order may be cited as the A423 Banbury to South of Coventry Trunk Road (Marton River Bridge Improvement) Order 1999 and shall come into force on 23rd March 1999.
2
In this Order all measurements of distance are measured along the route of the relevant highway;
2
The new highway which the Secretary of State proposes to construct along the route described in the Schedule to this Order shall become a trunk road from the date when this Order comes into force.
3
The centre line of the new trunk road is indicated by a heavy black line on the plan numbered HA10/PS/220, marked “The A423 Banbury to South of Coventry Trunk Road (Marton River Bridge Improvement) Order 1999”, signed by authority of the Secretary of State for Environment, Transport and the Regions and deposited at The Records Management Unit, Room LG12, Great Minster House, 76 Marsham Street, London SW1P.
4
The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk road that–
a
where the highway is maintainable at public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question, until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date to be specified will not be later than the date on which the new trunk road is opened for traffic.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
J. Boud
Divisional Director, Highways Agency
5th March 1999


text:
Citation and commencement
1
This Order may be cited as the National Board for Nursing, Midwifery and Health Visiting for England (Constitution and Administration) Amendment Order 1999 and shall come into force on 1st April 1999.
Amendment of the National Board for Nursing, Midwifery and Health Visiting for England (Constitution and Administration) Order 1993
2
Article 12 of the National Board for Nursing, Midwifery and Health Visiting for England (Constitution and Administration) Order 1993 is hereby revoked.
Revocation of the National Board for Nursing, Midwifery and Health Visiting for England (Constitution and Administration) Amendment Order 1997
3
The National Board for Nursing, Midwifery and Health Visiting for England (Constitution and Administration) Amendment Order 1997 is hereby revoked.
Frank Dobson
One of Her Majesty’s Principal Secretaries of State,
Department of Health
11th March 1999


text:
Title and commencement
1
These Regulations may be cited as the Countryside Stewardship (Amendment) Regulations 1999 and shall come into force on 20th May 1999.
Interpretation
2
In these Regulations, “the principal Regulations ” means the Countryside Stewardship Regulations 1998 , and, unless the context otherwise requires, “Schedule 1” means Schedule 1 to the principal Regulations (activities and items in respect of which the Minister may make grants).
Amendment of the principal Regulations
3
The principal Regulations shall be amended in accordance with the provisions of regulations 4 to 7 of these Regulations.
4
In Part I of Schedule 1 (management activities)–
a
for the entries set out in column 1 (activity) and column 2 (maximum payment rate), respectively, in paragraphs 1, 2, 3, 4 and 6, there shall be substituted the entries in columns 1 and 2 in the respective paragraphs set out in Part I of Schedule 1 to these Regulations; and
b
in paragraph 7, after sub-paragraph (h), there shall be inserted in columns 1 and 2 the entries in the sub-paragraphs set out in the respective columns in Part II of Schedule 1 to these Regulations.
5
In Part II of Schedule 1 (capital activities), in paragraph 5, after sub-paragraph (a) there shall be inserted in columns 1 and 2 the entries in the sub-paragraph set out in the respective columns in Schedule 2 to these Regulations.
6
In Part III of Schedule 1 (advice), after paragraph 3 there shall be inserted in columns 1 and 2 the entries in the paragraph set out in the respective columns in Schedule 3 to these Regulations.
7
In Part IV of Schedule 1 (interpretation), in paragraph 1, the following definitions shall be inserted in the alphabetically appropriate place–
“heather moorland” means upland rough pasture where heather and other dwarf shrubs are present in the sward;
“land which has been set aside” means land set aside in accordance with the provisions–
of Council Regulation ( EEC ) No. 1765/92 establishing a support system for producers of certain arable crops , as last amended by Council Regulation ( EC ) No. 1624/98 , and as read with Council Regulation (EEC) No. 1635/98 , Commission Regulation (EEC) No. 3738/92 and Council Regulation 1598/96 ; and
of Commission Regulation (EC) No. 762/94 laying down detailed rules for the application of Council Regulation (EEC) No. 1765/92 with regard to the set-aside scheme , as last amended by Commission Regulation (EC) No. 1981/98 , as in turn amended by Commission Regulation (EEC) 2490/98 .
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
12th April 1999
We consent,
Jim Dowd
David Jamieson
Two of the Lords Commissioners of Her Majesty’s Treasury
13th April 1999