text:
1
These Regulations may be cited as the NCIS (Complaints) (Amendment) Regulations 1999 and shall come into force on 1st June 1999.
2
The NCIS (Complaints) Regulations 1998 shall be amended in accordance with the following provisions of these Regulations.
3
In regulation 2–
a
after the words “In these Regulations” there shall be inserted “unless the context otherwise requires”;
b
in the definition of “complaint”, the words “, other than a police member engaged with NCIS on a period of temporary service under section 97 of the Police Act 1996,” shall be omitted;
c
in the definition of “disciplinary proceedings” at the end there shall be added the words “or, in the case of a seconded police member, section 50 of the Police Act 1996 or any corresponding provision for the time being in force in Scotland or Northern Ireland”;
d
after the definition of “disciplinary proceedings” there shall be inserted the following definition:
“interested party” means any person involved in the conduct which is the subject of the complaint or who otherwise has a direct interest in the investigation;
; and
e
for the definition of “police force” there shall be substituted the following definition:
“seconded police member” means a police member appointed under section 9(2)(b) of the 1997 Act.
.
4
1
In Part I, for the words “these Regulations” wherever they occur there shall be substituted “this Part of these Regulations”.
2
For regulation 10(4) there shall be substituted the following paragraph:
4
The PCA shall send to the NCIS Service Authority–
a
a copy of every report made under subsection (4) of section 79 of the Police Act 1996; and
b
any statistical or other general information which relates to the year dealt with by the report and which the PCA consider should be brought to the NCIS Service Authority’s attention in connection with its functions under section 40 of the 1997 Act.
.
5
After Part II, there shall be inserted the following provisions:
PART III
PROCEDURE FOR HANDLING COMPLAINTS RELATING TO THE CONDUCT OF SECONDED POLICE MEMBERS OF NCIS
Preliminary
18
Where a complaint regarding the conduct of a seconded police member of NCIS is submitted to the Director General, he shall take any steps that appear to him to be desirable for the purpose of obtaining or preserving evidence relating to the conduct complained of and shall record the complaint.
Investigation of complaint
19
1
After recording a complaint under regulation 18, the Director General shall consider whether the complaint is suitable for informal resolution and may appoint a member of NCIS to assist him.
2
A complaint is not suitable for informal resolution unless–
a
the member of the public concerned gives his consent, and
b
the Director General is satisfied that the conduct complained of, even if proved, would not justify criminal or disciplinary proceedings.
3
If it appears to the Director General that the complaint is suitable for informal resolution, he shall seek to resolve it informally and may appoint a member of NCIS to do so on his behalf.
4
If it appears to the Director General that the complaint is not suitable for informal resolution, he shall appoint a member of NCIS or a member of the National Crime Squad or of a police force to investigate it formally.
5
If, after attempts have been made to resolve a complaint informally, it appears to the Director General–
a
that informal resolution of the complaint is impossible, or
b
that the complaint is for any other reason not suitable for informal resolution,
he shall appoint a member of NCIS or a member of the National Crime Squad or of a police force to investigate it formally.
6
If the Director General requests the chief officer of a police force or the Director General of the National Crime Squad to provide a member of that force or, as the case may be, of the National Crime Squad for appointment under paragraph (4) or (5), the chief officer or Director General to whom the request is made shall comply with that request.
7
No member of NCIS or of the National Crime Squad or of a police force of a rank lower than inspector, or of a rank lower than that of the member whose conduct is the subject of the complaint, may be appointed under paragraph (4) or (5).
8
As soon as practicable after appointing an investigating officer under paragraph (4) or (5), the Director General shall ensure that the seconded police member whose conduct is the subject of the investigation is given written notice of the nature of the complaint and informed–
a
that he is not obliged to say anything concerning the matter, but that he may, if he so desires, make a written or oral statement concerning the matter to the investigating officer or to the Director General,
b
that if he makes such a statement it may be used in any subsequent disciplinary proceedings,
c
that he has the right to seek advice from his staff association, and
d
that he has the right to be accompanied by a member of NCIS or a member of the National Crime Squad or of a police force, who shall not be an interested party, to any meeting or interview.
9
Unless an investigation under this regulation is supervised by the PCA under regulation 22, the investigating officer shall submit his report on it to the Director General.
10
The Director General shall inform the chief officer of police with whose consent the member whose conduct is the subject of the complaint is engaged with NCIS–
a
of the appointment of an investigating officer under paragraph (4) or (5); and
b
of the outcome of the investigation.
References of complaints to the PCA
20
1
The Director General–
a
shall refer to the PCA–
i
any complaint regarding a seconded police member of NCIS alleging that the conduct complained of resulted in the death of, or serious injury to, some other person, and
ii
any complaint regarding a seconded police member of NCIS which is of the same description as a complaint specified in regulations made by the Secretary of State for the purposes of section 70 of the Police Act 1996, and
b
may refer to the PCA any complaint which is not required to be referred to them.
2
The PCA may require the submission to them for consideration of any complaint regarding the conduct of a seconded police member of NCIS not referred to them by the Director General; and the Director General shall comply with any such requirement not later than the end of the specified period.
3
For the purposes of paragraph (2) the specified period shall be the period which is specified in regulations made by the Secretary of State for the purpose of subsection (2) of section 70 of the Police Act 1996.
4
Where a complaint falls to be referred to the PCA under paragraph (1)(a), it shall be the duty of the Director General to refer it to them not later than the end of the period specified for the purpose of subsection (1) of section 70 of the Police Act 1996 in regulations made by the Secretary of State.
Reference of other matters to the PCA
21
1
The Director General may refer to the PCA any matter to which this regulation applies, if it appears to the Director General that the matter ought to be referred by reason–
a
of its gravity, or
b
of its exceptional circumstances.
2
This regulation applies to any matter which–
a
appears to the Director General to indicate that a seconded police member of NCIS may have committed a criminal offence or behaved in a manner which would justify disciplinary proceedings, and
b
is not the subject of a complaint.
Supervision of investigation by PCA
22
1
The PCA shall supervise the investigation of–
a
any complaint alleging that the conduct of a seconded police member of NCIS resulted in the death of, or serious injury to, some other person,
b
any other complaint which is of the same description as a complaint specified for the purposes of section 72 of the Police Act 1996 in regulations made by the Secretary of State under that Act, and
c
any complaint which is not within paragraph (a) or (b) and any matter referred to the PCA under regulation 21, if the PCA determine that it is desirable in the public interest that they should do so.
2
Where the PCA have made a determination under paragraph (1)(c), they shall notify it to the Director General.
3
Where an investigation is to be supervised by the PCA, they may require–
a
that no appointment is made under regulation 19(4) or (5) unless they have given notice to the Director General that they approve the person he proposes to appoint, or
b
if such an appointment has already been made and the PCA are not satisfied with the person appointed, that–
i
the Director General, as soon as reasonably practicable, appoint another member of NCIS or of the National Crime Squad or of a police force and notify the PCA that he proposes to appoint him, and
ii
the appointment is not made unless the PCA give notice to the Director General that they approve that person.
4
Where the Secretary of State, by regulations made under section 72(4) of the Police Act 1996, authorises the PCA to impose requirements as to a particular investigation additional to any requirement imposed by subsection (3) of that section then, in addition to any requirement imposed by paragraph (3) above, the PCA may impose the like additional requirements, subject to any restrictions or conditions specified in those regulations, in relation to any investigation under this Part of these Regulations.
5
A member of NCIS or of the National Crime Squad or of a police force shall comply with any requirement imposed upon him by virtue of the application of paragraph (4).
Reports on investigations etc.
23
1
At the end of an investigation which the PCA have supervised, the investigating officer shall–
a
submit a report on the investigation to the PCA, and
b
send a copy of the report to the Director General.
2
After consideration of a report submitted to them under paragraph (1) the PCA shall submit an appropriate statement to the Director General.
3
If it is practicable to do so, the PCA, when submitting the appropriate statement under paragraph (2), shall send a copy of it to the seconded police member of NCIS whose conduct has been investigated.
4
If–
a
the investigation related to a complaint, and
b
it is practicable to do so,
the PCA shall also send a copy of the appropriate statement to the person by or on behalf of whom the complaint was submitted.
5
The power to issue an appropriate statement includes power to issue separate statements in respect of the disciplinary and criminal aspects of the investigation.
6
No disciplinary proceedings shall be brought before the appropriate statement is submitted to the Director General.
7
Subject to paragraph (8), neither the Director General nor the Director of Public Prosecutions shall bring criminal proceedings before the appropriate statement is submitted to the Director General.
8
The restriction imposed by paragraph (7) does not apply if it appears to the Director of Public Prosecutions that there are exceptional circumstances which make it undesirable to wait for the submission of the appropriate statement.
9
In this regulation “appropriate statement” means a statement–
a
as to whether the investigation was or was not conducted to the PCA’s satisfaction,
b
specifying any respect in which it was not so conducted, and
c
dealing with any other matters which are matters of the kind provided for in regulations made under section 72 of the Police Act 1996 for the purposes of that section.
Steps to be taken after investigation
24
1
On receiving–
a
a report concerning the conduct of a seconded police member of NCIS which is submitted to him under regulation 19(9), or
b
a copy of a report concerning the conduct of such a member which is sent to him under regulation 23(1)(b),
the Director General shall determine whether the report indicates that a criminal offence may have been committed by a seconded police member of NCIS.
2
If the Director General determines that the report indicates that a criminal offence may have been committed by a seconded police member of NCIS, he shall send a copy of the report to the Director of Public Prosecutions.
3
After the Director of Public Prosecutions has dealt with the question of criminal proceedings, the Director General shall send the PCA a memorandum which–
a
is signed by the Director General,
b
states whether he considers that disciplinary proceedings should be brought in pursuance of section 97(6)(a) of the Police Act 1996 or any corresponding provision for the time being in force in Scotland or Northern Ireland in respect of the conduct which was the subject of the investigation, and
c
if he does not consider that such proceedings should be brought, gives his reasons.
4
If the Director General considers that the report does not indicate that a criminal offence may have been committed by a seconded police member of NCIS, he shall send the PCA a memorandum to that effect which–
a
is signed by the Director General,
b
states whether he considers that disciplinary proceedings should be brought in pursuance of section 97(6)(a) of the Police Act 1996 or any corresponding provision for the time being in force in Scotland or Northern Ireland in respect of the conduct which was the subject of the investigation, and
c
if he does not consider that such proceedings should be brought, gives his reasons.
5
Where the investigation–
a
related to conduct which was the subject of a complaint, and
b
was not supervised by the PCA,
the Director General shall, at the same time as he sends the PCA a memorandum under paragraph (3) or (4), send them a copy of the complaint, or of the record of the complaint, and a copy of the report of the investigation.
6
Where the Director General has sent a memorandum to the PCA under paragraph (3) or (4) which states that he considers that disciplinary proceedings should be brought–
a
he shall take steps to ensure that the temporary service with NCIS of the seconded police member whose conduct was the subject of the investigation is completed as soon as is practicable, and
b
he shall inform the chief officer of police with whose consent that member was engaged on such service that he considers that disciplinary proceedings should be brought in pursuance of section 97(6)(a) of the Police Act 1996 or any corresponding provision for the time being in force in Scotland or Northern Ireland in respect of that member’s conduct.
Powers of PCA as to disciplinary proceedings
25
1
Where a memorandum under regulation 24 states that the Director General does not consider that disciplinary proceedings should be brought in pursuance of section 97(6)(a) of the Police Act 1996 or any corresponding provision for the time being in force in Scotland or Northern Ireland, the PCA may recommend him to take such steps as are referred to in paragraph (6)(a), and inform the chief officer of police in accordance with paragraph (6)(b), of that regulation.
2
If after the PCA have made a recommendation under this regulation and consulted the Director General he is still unwilling to proceed in accordance with regulation 24(6)(a) and (b), they may direct him to do so.
3
Where the PCA gives the Director General a direction under this regulation, they shall supply him with a written statement of their reasons for doing so.
4
Subject to paragraph (5), it shall be the duty of the Director General to comply with such a direction.
5
The PCA may withdraw a direction given under this regulation.
6
The Director General shall–
a
advise the PCA and the chief officer of police referred to in regulation 24(6)(b) of what action he has taken in response to a recommendation or direction under this regulation, and
b
supply the PCA with such other information as they may reasonably require for the purposes of discharging their functions under this regulation.
Reports by PCA
26
1
The PCA may make a report to the Secretary of State on any matters coming to their notice under these Regulations to which they consider that his attention should be drawn by reason of their gravity or of other exceptional circumstances.
2
The PCA shall send a copy of any report under paragraph (1) to the NCIS Service Authority and the Director General.
3
The Secretary of State shall lay before Parliament a copy of every report received by him under this regulation and shall cause every such report to be published.
4
The PCA shall send to the NCIS Service Authority–
a
a copy of every report made under subsection (4) of section 79 of the Police Act 1996, and
b
any statistical or other general information which relates to the year dealt with by the report and which the PCA consider should be brought to the NCIS Service Authority’s attention in connection with its functions under section 40 of the 1997 Act.
Restriction on disclosure of information
27
1
No information received by the PCA in connection with any of their functions under this part of these Regulations shall be disclosed by any person who is or has been a member, officer or servant of the PCA except–
a
to the Secretary of State or to a member, officer or servant of the PCA or, so far as may be necessary for the proper discharge of the functions of the PCA, to other persons,
b
for the purposes of any criminal, civil or disciplinary proceedings, or
c
in the form of a summary or other general statement made by the PCA which does not identify the person from whom the information was received or any person to whom it relates.
2
Any person who discloses information in contravention of this regulation shall be guilty of an offence and liable on summary conviction to a fine of an amount not exceeding level 5 on the standard scale.
Regulations
28
Where the Secretary of State makes regulations under section 81 of the Police Act 1996 as to the procedure to be followed under Chapter I of Part IV of that Act then the procedures provided for by those regulations shall be the procedures to be followed under this Part of these Regulations with the following modifications–
i
references to “appropriate authority” and “chief officer” shall be interpreted as references to the Director General;
ii
references to a “complaint” shall be interpreted as references to a complaint under this Part of these Regulations, and references to a complainant shall be construed accordingly;
iii
references to a “member of a police force” shall be interpreted as references to a seconded police member of NCIS;
iv
references to provisions of the Police Act 1996 shall be interpreted as references to the equivalent provisions in this Part of these Regulations.
Admissibility of statements in subsequent proceedings
29
1
Subject to paragraph (2), no statement made by a person for the purpose of the informal resolution of a complaint shall be admissible in any subsequent criminal, civil or disciplinary proceedings.
2
A statement is not rendered inadmissible by paragraph (1) if it consists of or includes an admission relating to a matter which does not fall to be resolved informally.
.
Paul Boateng
Minister of State
Home Office
29th April 1999


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security and Child Support (Decisions and Appeals) Amendment (No. 2) Regulations 1999 and shall come into force on 5th July 1999.
2
In these Regulations “the principal Regulations ” means the Social Security and Child Support (Decisions and Appeals) Regulations 1999 .
Amendment of regulation 3 of the principal Regulations
2
Regulation 3 of the principal Regulations shall be amended–
a
by the insertion in paragraph (5)(b) before the word “where” of the words “except in the case of a disability benefit decision or an incapacity benefit decision where there has been an incapacity determination (whether before or after the decision)”, and
b
by the insertion after paragraph (5)(b) of the following–
c
where the decision is a disability benefit decision, or is an incapacity benefit decision where there has been an incapacity determination (whether before or after the decision), which was made in ignorance or, or was based upon a mistake as to, some material fact in relation to a disability determination embodied in or necessary to the disability benefit decision, or the incapacity determination, and
i
as a result of that ignorance of or mistake as to that fact the decision was more advantageous to the claimant than it would otherwise have been but for that ignorance or mistake and,
ii
the Secretary of State is satisfied that at the time the decision was made the claimant or payee knew or could reasonably have been expected at the time the decision was made to know of the fact in question and that it was relevant to the decision,
.
Amendment of regulation 6 of the principal Regulations
3
After sub-paragraph (f) of regulation 6(2) of the principal Regulations there shall be inserted–
g
is an incapacity benefit decision where there has been an incapacity determination (whether before or after the decision) and where, since the decision was made, the Secretary of State has received medical evidence following an examination in accordance with regulation 8 of the Social Security (Incapacity for Work) (General) Regulations 1995 from a doctor referred to in paragraph (1) of that regulation.
.
Amendment of regulation 7 of the principal Regulations
4
In regulation 7(2)(c) of the principal Regulations for head (ii) there shall be substituted–
ii
in the case of a disability benefit decision, or an incapacity benefit decision where there has been an incapacity determination (whether before or after the decision), where the Secretary of State is satisfied that in relation to a disability determination embodied in or necessary to the disability benefit decision, or the incapacity determination, the claimant or payee failed to notify an appropriate office of a change of circumstances which regulations under the Administration Act required him to notify, and the claimant or payee, as the case may be, knew or could reasonably have been expected to know that the change of circumstances should have been notified,
aa
from the date on which the claimant or payee, as the case may be, ought to have notified the change of circumstances, or
bb
if more than one change has taken place between the date from which the decision to be superseded took effect and the date of the superseding decision, from the date on which the first change ought to have been notified, or
iii
in any other case, except in the case of a decision which supersedes a disability benefit decision, or an incapacity benefit decision where there has been an incapacity determination (whether before or after the decision), from the date of the change.
.
Insertion of regulation 7A into the principal Regulations
5
After regulation 7 of the principal Regulations there shall be inserted–
Definitions for the purposes of regulations 3(5)(c), 6(2)(g) and 7(2)(c) and ancillary provisions
7A
1
For the purposes of regulations 3(5)(c), 6(2)(g) and 7(2)(c)–
“disability benefit decision” means a decision to award a relevant benefit embodied in or necessary to which is a disability determination,
“disability determination” means–
in the case of a decision as to an award of an attendance allowance or a disability living allowance, whether the person satisfies any of the conditions in section 64, 72(1) or 73(1) to (3), as the case may be, of the Contributions and Benefits Act,
in the case of a decision as to an award of severe disablement allowance, whether the person is disabled for the purpose of section 68 of the Contributions and Benefits Act, or
in the case of a decision as to an award of industrial injuries benefit, whether the existence or extent of any disablement is sufficient for the purposes of section 103 or 108 of the Contributions and Benefits Act or for the benefit to be paid at the rate which was in payment immediately prior to that decision;
“incapacity benefit decision” means a decision to award a relevant benefit embodied in or necessary to which is a determination that a person is or is to be treated as incapable of work under Part XIIA of the Contributions and Benefits Act,
“incapacity determination” means a determination whether a person is incapable of work by applying the all work test in regulation 24 of the Social Security (Incapacity for Work) (General) Regulations 1995 or whether a person is to be treated as incapable of work in accordance with regulation 10 (certain persons with a severe condition to be treated as incapable of work) or 27 (exceptional circumstances) of those Regulations, and
“payee” means a person to whom a benefit referred to in paragraph (a), (b) or (c) of the definition of “disability determination”, or a benefit referred to in the definition of “incapacity benefit decision” is payable.
2
Where a person’s receipt of or entitlement to a benefit (“the first benefit”) is a condition of his being entitled to any other benefit, allowance or advantage (“a second benefit”) and a decision is revised under regulation 3(5)(c) or a superseding decision is made under regulation 6(2) to which regulation 7(2)(c)(ii) applies, the effect of which is that the first benefit ceases to be payable, or becomes payable at a lower rate than was in payment immediately prior to that revision or supersession, a consequent decision as to his entitlement to the second benefit shall take effect from the date of the change in his entitlement to the first benefit.
.
Amendment of regulation 20 of the principal Regulations
6
In regulation 20(1) of the principal Regulations–
a
after the words “regulation 16” there shall be inserted the words “or 17”, and
b
after sub-paragraph (c) there shall be inserted the following sub-paragraph–
d
in a case to which regulation 17(5) applies, the Secretary of State is satisfied that the benefit suspended is properly payable and the requirements of regulation 17(4) have been satisfied.
.
Amendment of Schedule 4 to the principal Regulations
7
In column 1 of Schedule 4 to the principal Regulations for “1997/995” there shall be substituted “1997/955”.
Signed by authority of the Secretary of State for Social Security.
Hugh Bayley
Parliamentary Under-Secretary of State,
Department of Social Security
9th June 1999


text:
Citation and commencement
1
These Regulations may be cited as the United Kingdom Ecolabelling Board (Abolition) Regulations 1999 and shall come into force on 19th April 1999.
Interpretation
2
In these Regulations “the Board” means the body corporate established by regulation 2(1) of the United Kingdom Ecolabelling Board Regulations 1992 .
Abolition of the Board
3
The Board is hereby abolished.
Designation of the Secretary of State as competent body
4
The Secretary of State shall be the body in the United Kingdom responsible for carrying out the tasks of the competent body provided for in Council Regulation ( EEC ) No. 880/92 .
Transfer of property, rights and liabilities
5
All the property, rights and liabilities to which the Board is entitled or subject immediately before the date on which these Regulations come into force are transferred on that date to the Secretary of State for the Environment, Transport and the Regions.
Provision for continuity in exercise of functions
6
Anything duly done by, or any request or decision duly made by, the Board is deemed to have been duly done by, or made by, the Secretary of State.
Investigation of complaints by Parliamentary Commissioner for Administration
7
1
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments and authorities subject to investigation) the entry “United Kingdom Ecolabelling Board” is omitted.
2
Notwithstanding the abolition of the Board, a complaint in relation to the Board may be made or investigated under the Parliamentary Commissioner Act 1967 as if the complaint had been made in relation to the Department of the Environment, Transport and the Regions.
Superannuation Act 1972
8
In Schedule 1 to the Superannuation Act 1972 (bodies whose employees etc. may be covered by superannuation schemes), under the heading “Other bodies” the entry “United Kingdom Ecolabelling Board” is omitted.
Income and Corporation Taxes Act 1988
9
In section 507(1) of the Income and Corporation Taxes Act 1988 (bodies entitled to exemption from tax corresponding to certain charities), paragraph (e) (the United Kingdom Ecolabelling Board) is omitted.
Revocation of the United Kingdom Ecolabelling Board Regulations 1992
10
The United Kingdom Ecolabelling Board Regulations 1992 are hereby revoked.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Michael Meacher
Minister of State,
Department of the Environment, Transport and the Regions
22nd March 1999


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Child Benefit (Residence and Persons Abroad) Amendment Regulations 1999 and shall come into force on 1st March 1999.
2
In these Regulations “the principal Regulations ” means the Child Benefit (Residence and Persons Abroad) Regulations 1976 .
Amendment of the principal Regulations
2
Subject to regulation 3 (saving), in regulation 2(2)(c) of the principal Regulations (child benefit to remain payable during a child’s absence abroad in specified cases)–
a
in head (i) for the number “8” there shall be substituted the number “12”;
b
for head (ii) there shall be substituted the following head–
ii
is a week, not falling within the period specified in sub-paragraph (c)(i) above, in which the child’s absence is by reason only of his receiving full-time education by attendance at a recognised educational establishment in another State which is a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 or his being engaged in an educational exchange or visit made with the written approval of the recognised educational establishment which he normally attends;
.
Saving
3
Where child benefit was payable, in any week in the 12 weeks immediately preceding 1st March 1999 in the case of a child, by virtue of regulation 2(2)(c)(ii) of the principal Regulations as then in force, and that child either–
a
remains continuously absent from Great Britain; or
b
returns to Great Britain for any period not exceeding 12 weeks;
that regulation as originally in force shall continue to have effect in his case, as if regulation 2 above had not been made, up to and including either 6th September 1999 or the Monday of the 156th week following the date the child first started being educated abroad, whichever is the later.
Signed by authority of the Secretary of State for Social Security.
P. Hollis
Parliamentary Under-Secretary of State,
Department of Social Security
29th January 1999


text:
1
These Regulations may be cited as the Civil Aviation (Route Charges for Navigation Services) (Third Amendment) (Revocation) Regulations 1999 and shall come into force on 30th June 1999.
2
The Civil Aviation (Route Charges for Navigation Services) (Third Amendment) Regulations 1999 are hereby revoked.
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
29th June 1999


text:
Title, commencement, extent and interpretation
1
1
These Regulations may be cited as the Animal Feedingstuffs from Belgium (Control) (England and Wales) (No. 3) Regulations 1999, shall come into force on 12th October 1999 and shall extend to England and Wales.
2
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Food Safety Act 1990 and any expressions used both in these Regulations and in the Act have the meaning they bear in the Act;
“controlled entity” means any creature, product or material which is excluded from the definition of “relevant animal or animal product” in the Order solely by reason that it is neither food nor a food source; and
“the Order” means the Food (Animals and Animal Products from Belgium) (Emergency Control) (England and Wales) (No. 3) Order 1999 and any expressions used both in these Regulations and in the Order have the meaning they bear in the Order.
Exemptions
2
1
Regulation 3 of these Regulations shall not apply to —
a
the importation of any controlled entity if, when imported, that controlled entity is accompanied by valid certification relating to it, as specified in paragraph (3) below;
b
any subsequent activity in relation to the controlled entity, if it can be proved by the person carrying out the activity that at the time of importation it was so accompanied; or
c
the return to Belgium, under cover of an official certificate in accordance with Article 5 of the Commission Decision, of any controlled entity.
2
Regulation 5 of these Regulations shall not, save for sub-paragraphs (a) and (b) of paragraph (1) thereof, apply to any imported controlled entity which is accompanied by valid certification relating to it as specified in paragraph (3) below.
3
The certification to which paragraphs (1)(a) and (b) and (2) above apply is the certification which would have applied in relation to the controlled entity by virtue of Article 2 of the Order, had the Order extended to controlled entities.
Prohibitions and offence
3
1
Subject to paragraph (2) below —
a
no person shall sell any controlled entity which is not a live creature for the purpose of its being used to feed to an animal or in the manufacture of a product for such use;
b
no person shall possess, offer, expose, advertise, prepare, present, label, wrap, store or transport any such controlled entity for sale for that purpose;
c
no person shall consign, deliver or serve any such controlled entity by way of sale for that purpose;
d
no person shall derive material from any controlled entity for that purpose; and
e
no person shall import or export any controlled entity.
2
Paragraph (1) above shall not be taken to prohibit the bringing into England and Wales, from a member State, of any controlled entity in free circulation in that member State.
3
Any person who knowingly contravenes paragraph (1) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale or imprisonment not exceeding three months.
Enforcement
4
1
These Regulations shall be enforced and executed by each relevant authority, namely the Minister of Agriculture, Fisheries and Food, the Secretary of State and each food authority and port health authority within its area or district, as appropriate.
2
For the purposes of the return to Belgium of any product as specified in regulation 2(1)(c) of these Regulations, the competent authority for the purposes of the official certificate shall be the Minister of Agriculture, Fisheries and Food, the Secretary of State, any authorised officer of a food authority or any inspector appointed by such an authority, where it is also an authority with responsibilities under section 67 of the Agriculture Act 1970 .
3
An authorised officer of a relevant authority shall have the same powers of entry for the purposes of the exercise of that duty as are bestowed on an authorised officer of an enforcement authority by section 32 of the Act for purposes connected with the Act or regulations or orders under the Act, and shall also have, in relation to any business producing material to feed to animals, the same power as an authorised officer of an enforcement authority has under that section in relation to a food business.
4
Each port health authority or food authority, as appropriate, shall give such assistance and information to the Minister of Agriculture, Fisheries and Food or the Secretary of State as he may request in connection with the implementation of the Commission Decision in relation to controlled entities.
Application and modification of various provisions of the Act
5
1
Section 9 of the Act (inspection and seizure of suspected food) shall apply for the purposes of these Regulations, subject to the following modifications —
a
the references in subsections (1) and (2) to “food authority” shall be construed as including reference to a port health authority, the Minister of Agriculture, Fisheries and Food and the Secretary of State;
b
subsections (1) and (2) shall extend to any creature, product or material which appears to an authorised officer to come within the definition of “controlled entity”;
c
subsections (3) to (9) shall apply —
i
to any creature, product or material falling within sub-paragraph (b) above as it applies to food which appears to an authorised officer to fail to comply with food safety requirements or to be likely to cause food poisoning or any disease communicable to human beings, and
ii
to any controlled entity as if it were food which failed to comply with food safety requirements,
save that each reference to human consumption shall be taken as a reference to animal consumption, that where a notice under subsection (3)(a)(i) is given in relation to a live creature, the notice is to relate to material which may come to be derived from the live creature, that subsection (6) thereof shall apply in relation to the destruction or disposal of a live creature so as to prevent any material which may come to be derived from it from being used for animal consumption and that a justice of the peace shall decline to condemn any creature, product or material falling within sub-paragraph (b) above under subsection (6) thereof if and only if it is proved to him that it does not comprise a controlled entity or is to be returned to Belgium as specified in regulation 2(1)(c) of these Regulations.
2
The following provisions of the Act shall apply, subject to paragraph (3) below, for the purposes of these Regulations and any reference in those provisions to the Act shall be construed for the purposes of these Regulations as a reference to these Regulations —
a
section 33 (obstruction etc. of officers);
b
section 35(1) (punishment of offences) in so far as it relates to offences under section 33 as applied by sub-paragraph (a) above; and
c
section 44 (protection of officers acting in good faith).
3
In section 44 of the Act the references to “food authority” shall be construed as including reference to a port health authority.
Revocation
6
The Animal Feedingstuffs from Belgium (Control) (England and Wales) (No. 2) Regulations 1999 are hereby revoked.
Hayman
Minister of State, Ministry of Agriculture, Fisheries and Food
11th October 1999


text:
Citation and commencement
1
These Regulations may be cited as the Education (Student Support) (Dance and Drama) Regulations 1999 and shall come into force on 1st September 1999.
Interpretation
2
1
In these Regulations, except where the context otherwise requires–
“ the Act ” means the Teaching and Higher Education Act 1998;
“designated course” means a course designated by regulation 4;
“eligible student” means a person who the Secretary of State has determined is eligible for support in connection with his attendance at a course in accordance with regulation 5;
“the Student Support Regulations ” means the Education (Student Support) Regulations 1999 as amended from time to time, and any Regulations made under section 22 of the Act which replace with or without modification those Regulations.
2
Subject to paragraph (1) expressions in these Regulations have the same meaning as they have in the Student Support Regulations.
Eligibility
3
1
Subject to and in accordance with these Regulations a person shall be eligible for support in connection with his attendance at a designated course the first academic year of which begins on or after 1st September 1999 if–
a
he is eligible for support under the Student Support Regulations or would be eligible if the course were a designated course for the purposes of those Regulations;
b
he has on the first day of the first academic year of the course attained the age of–
i
16, if the course is a dance course; or
ii
18 if it is any other course; and
c
the Secretary of State has determined that by reason of merit he shall be eligible for support under these Regulations.
2
The number of persons who the Secretary of State has determined shall be eligible for support in connection with attendance at courses beginning in any one 12 month period beginning on 1st September shall not exceed 329.
Designated courses
4
A course shall be designated for the purposes of section 22(1) of the Act and regulation 3 if it is–
a
mentioned in Schedule 2 to the Student Support Regulations;
b
a full-time course other than a sandwich course;
c
of at least one academic year’s duration; and
d
provided by one of the following institutions:
i
Birmingham School of Speech and Drama;
ii
Bristol Old Vic Theatre School;
iii
College of the Royal Academy of Dancing;
iv
Doreen Bird College of Performing Arts;
v
Guildford School of Acting;
vi
Laban Centre for Movement and Dance;
vii
London Contemporary Dance School;
viii
London Studio Centre;
ix
Mountview Theatre School (Conservatoire);
x
Italia Conti Academy.
Application for financial support
5
1
With such modifications as may be necessary a person shall apply for support under these Regulations as if he were applying for support under the Student Support Regulations, shall comply with and be subject to the provisions of those Regulations.
2
If the Secretary of State considers that an applicant is eligible for support under these Regulations he shall notify him of that fact, and thenceforth the applicant shall be an eligible student for the purposes of these Regulations and for the purposes of the Student Support Regulations.
3
Where an applicant–
a
is an eligible student for the purposes of the Student Support Regulations but not for the purposes of these Regulations, and
b
is then notified that he is eligible for support under these Regulations in accordance with paragraph (2)
he shall be an eligible student for the purposes of both these Regulations and the Student Support Regulations in respect of such academic years of his course as the Secretary of State specifies in the notification under paragraph (2).
Financial support payable
6
1
Subject to paragraph (2) an eligible student shall be eligible for support under the Student Support Regulations, and the Secretary of State shall pay such support subject to and in accordance with those Regulations.
2
For the purposes of determining the amount of grant for fees for which an eligible student shall be eligible under the Student Support Regulations, his course shall be considered to be provided by an institution maintained or assisted by recurrent grants out of public funds, whether or not it is so maintained or assisted.
3
Support paid to an eligible student by virtue of these Regulations shall be treated for all purposes as support paid under the Student Support Regulations.
Tessa Blackstone
Minister of State,
Department for Education and Employment
6th August 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Worcestershire Community and Mental Health National Health Service Trust (Establishment) Order 1999 and shall come into force on 1st January 2000.
2
In this Order, unless the context otherwise requires–
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 1st January 2000;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Worcestershire Community and Mental Health National Health Service Trust established by article 2 of this Order.
Establishment and name of the trust
2
There is hereby established an NHS trust which shall be called the Worcestershire Community and Mental Health National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions shall be to provide, for the purposes of the health service, goods and the following services, namely–
a
community health services from–
i
Isaac Maddox House, Shrub Hill Road, Worcester WR4 9RW,
ii
Kidderminster General Hospital, Bewdley Road, Kidderminster, Worcs DY11 6RJ,
and associated hospitals, establishments or facilities;
b
hospital accommodation and services.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 2000.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between the establishment date and the operational date the trust shall have the functions–
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance by Health Authorities before operational date
7
1
The Worcestershire Health Authority shall discharge the liabilities of the trust incurred during the period from and including the establishment date until the operational date that are of a description specified in paragraph (2) of this article.
2
The liabilities referred to in the preceding paragraph are–
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
Signed by authority of the Secretary of State for Health
Yvette Cooper
Parliamentary Under-Secretary of State for Public Health,
Department of Health
22nd December 1999


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


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


text:
Title, commencement and interpretation
1
1
These Regulations may be cited as the Stock Transfer (Gilt-edged Securities) (CGO Service) (Amendment) Regulations 1999 and, subject to the following provisions of this Regulation, shall come into force on 24th May 1999.
2
If notice is given that the responsibility for operating the CGO Service is not to be transferred from the Bank of England to CRESTCo Limited on or before 24th May 1999 nothing in these Regulations shall have effect until such day, of which prior notice is given, on which that responsibility is so transferred.
3
For the purposes of paragraph (2) above, notice is given by the Bank of England and CRESTCo Limited by a notice published in the London, Edinburgh and Belfast Gazettes.
4
In these Regulations:–
“the CGO Service” has the same meaning as in the principal Regulations ; and
“the principal Regulations” means the Stock Transfer (Gilt-edged Securities) (CGO Service) Regulations 1985 .
Amendment of principal Regulations
2
Regulation 2 of the principal Regulations (interpretation) shall be amended–
a
in the definition of “the CGO” by substituting for the words “the Central Gilts Office of the Bank” the words “CRESTCo Limited”;
b
in the definition of “the CGO Rules” by substituting for the words “the Bank” the word “or”; and
c
in the definition of “CGO Service member” by substituting for the words “the Bank” the words “CRESTCo Limited (which is now responsible for operating the CGO Service)”.
3
For regulation 3 of the principal Regulations (representation by the Bank), there shall be substituted the following–
Representation by the CGO
3
Where the CGO indicates through the CGO Service or on an instrument of transfer in writing that securities are, or have been, held within the CGO Service for the account of a person, such indication shall be taken as a representation by the CGO to any person acting on the faith of it that the person for whose account the securities are or were so held is or was a CGO Service member at the time the securities are or were so held, but such indication shall not be taken as a representation that the CGO Service member has or had any title to the securities.
.
4
In regulation 6 of the principal Regulations (protection of the Bank in relation to trusts), for the word “Bank” where it occurs in the cross-heading and in the body of the regulation there shall be substituted the letters “CGO”.
5
Regulation 7 of the principal Regulations (protection of Bank in relation to certain transfers of strips) shall be amended–
a
in the cross-heading by inserting after the word “Bank” the phrase “and CGO”;
b
in paragraph (2) by omitting the words “by the Bank acting”; and
c
in paragraph (3) by–
i
substituting for the words “The Bank may effect any transfer” the words “Any transfer may be effected”,
ii
omitting the words “to the Bank”,
iii
inserting after the words “of the Bank” the words “, or of the CGO,” and
iv
inserting after the words “being the Bank” the words “or the CGO”.
Jim Dowd
Jane Kennedy
Two of the Lords Commissioners of Her Majesty’s Treasury
21st April 1999


text:
Citation and commencement
1
These Regulations may be cited as the Asbestos (Prohibitions) (Amendment) (No. 2) Regulations 1999 and shall come into force on 24th November 1999.
Amendment of the Asbestos (Prohibitions) Regulations 1992
2
1
The Schedule to the Asbestos (Prohibitions) Regulations 1992 shall be amended as follows.
2
In paragraph 1(k), for the words “paragraphs 9 and 10”, there shall be substituted “paragraph 10”.
3
In paragraph 1(1), for the words “paragraphs 9 and 10”, there shall be substituted “paragraph 10”.
4
In paragraph 2(1), for the words “paragraphs 9 and 10”, there shall be substituted “paragraph 10”.
5
In paragraph 9 for the definition of “vehicle”, there shall be substituted —
“vehicle” means a vehicle which is to be treated as a motor vehicle or trailer for the purposes of the Road Traffic Act 1988 ;
.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Larry Whitty
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
2nd November 1999


text:
1
These Regulations may be cited as the Taxes (Interest Rate) (Amendment) Regulations 1999 and shall come into force on 6th March 1999.
2
In regulation 5(1) of the Taxes (Interest Rate) Regulations 1989 –
a
for “6th August 1997” there shall be substituted “6th March 1999”;
b
for “7.25 per cent. per annum” there shall be substituted “6.25 per cent. per annum”.
Bob Ainsworth
Clive Betts
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd February 1999


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Welfare Food (Amendment) Regulations 1999 and shall come into force on 5th October 1999.
2
In these Regulations “the principal Regulations ” means the Welfare Food Regulations 1996 .
Amendment of regulation 2 of the principal Regulations
2
In regulation 2(1) of the principal Regulations (interpretation), after the definition of “welfare milk supply” there shall be inserted the following definition —
“working families' tax credit” means working families' tax credit under section 128 of the Social Security Contributions and Benefits Act 1992 .
.
Amendment of regulation 7 of the principal Regulations
3
1
Regulation 7 of the principal Regulations (purchase of dried milk at a reduced price) shall be amended in accordance with the following provisions of this regulation.
2
For paragraph (1) there shall be substituted the following paragraphs —
7
1
Subject to paragraph (1A), any person who is entitled, or is a member of a family of a person who is entitled, to family credit awarded with effect from a date falling before 5th October 1999 or to working families' tax credit and who is responsible for a child who —
a
is not entitled to dried milk or milk under regulation 4;
b
is under the age of one year; and
c
is also a member of the family of the person who is entitled to family credit or working families' tax credit,
shall be entitled to purchase at any clinic, on behalf of that child, at a price of £3.90, 900 grammes of dried milk per week for personal consumption by that child.
1A
Where the appropriate maximum working families' tax credit determined by virtue of section 128(5) of the Social Security Contributions and Benefits Act 1992 in a person’s case is reduced by virtue of section 128(2)(b) of that Act on account of his income exceeding his applicable amount, that person shall be regarded as entitled to working families' tax credit for the purposes of paragraph (1) only if the reduction does not exceed £70.
.
3
In paragraph 4(a), after the words, “family credit”, there shall be inserted the words, “awarded with effect from a date falling before 5th October 1999 or to working families' tax credit”.
Amendment of regulation 8 of the principal Regulations
4
In regulation 8(1) of the principal Regulations (inability to purchase dried milk at a reduced price), after the words, “family credit”, there shall be inserted the words, “or working families' tax credit”.
Amendment of regulation 10(2) of the principal Regulations
5
In regulation 10(2) of the principal Regulations (issue of milk tokens), after the words, “dried milk”, there shall be inserted the following words, “or whether they may be used for either liquid or dried milk”.
Signed by authority of the Secretary of State for Health
Tessa Jowell
Minister of State for Public Health,
Department of Health
10th September 1999


text:
PART I
GENERAL PROVISIONS
Citation and commencement
1
These Rules may be cited as the Northern Ireland Act Tribunal (Procedure) Rules 1999 and shall come into force on the day after the day on which they are made.
Interpretation
2
In these Rules–
“the 1998 Act ” means the Northern Ireland Act 1998;
“certificate” means a certificate referred to in section 90 of the 1998 Act, Article 80 of the Fair Employment and Treatment (Northern Ireland) Order 1998 , Article 53ZA of the Sex Discrimination (Northern Ireland) Order 1976 or Article 41A of the Race Relations (Northern Ireland) Order 1997 ;
“special advocate” means a person appointed under section 91(7) of the 1998 Act to represent the interests of a party to proceedings before the Tribunal;
“the Tribunal” means the tribunal established under section 91 of the 1998 Act.
General duty of the Tribunal
3
1
When exercising its functions, the Tribunal shall secure that information is not disclosed contrary to the interests of national security, public safety or public order or in any other circumstances where disclosure is likely to harm a public interest.
2
References in these Rules to disclosure contrary to the public interest shall be construed in accordance with paragraph (1).
3
The Tribunal shall satisfy itself that the material available to it enables it properly to review decisions.
Delegated powers
4
1
The powers of the Tribunal under the following provisions may be exercised by the chairman or by any other member of the Tribunal–
a
rule 13(1) and (3) (amendment and supplementary grounds);
b
rule 14 (directions);
c
rule 24 (application for leave to appeal).
2
Where the chairman or member exercises any power of the Tribunal, references to the Tribunal in the Rules shall as appropriate be construed as references to him.
Notices, etc.
5
1
Any document or notice required or authorised by these Rules to be sent or given to the Tribunal, shall be sent or given to the clerk to the Tribunal.
2
The appellant may by notice to the Tribunal change his address for service under these Rules.
PART II
PROCEEDINGS BEFORE TRIBUNAL ON APPEAL
Parties to appeal
6
1
The parties to proceedings before the Tribunal on an appeal are the appellant and the person proposing to rely on the certificate.
2
Subject to rules 12(2) and 18(1), the parties may appear in person or be represented by–
a
counsel or a solicitor; or
b
with the leave of the Tribunal, any other person.
3
Where the Secretary of State is not the person relying on the certificate but gives notice to the Tribunal under rule 10(1)(a), he shall be treated from the date of that notice as a party; and references in these Rules to parties shall be construed accordingly.
Time limit for appealing
7
The appellant may exercise his right of appeal to the Tribunal by giving notice of an appeal, in accordance with rule 8, within 14 days after receiving notice that a certificate has been issued.
Notice of appeal
8
1
An appeal to the Tribunal is made by sending to the Tribunal a notice of appeal.
2
There shall be attached to the notice of appeal a copy of the certificate issued in the proceedings in which the appellant claims that an act discriminated against him.
3
The notice of appeal shall set out the grounds of appeal against the certificate.
4
The notice of appeal shall state the name and address of the appellant and of any representative of the appellant, and shall be signed by the appellant or his representative.
5
As soon as practicable after he receives the notice of appeal, the clerk to the Tribunal shall send a copy to the person proposing to rely on the certificate and, where that person is not the Secretary of State, to the Secretary of State.
Special advocates
9
1
On receiving a copy of the notice of appeal, the Secretary of State shall inform the Attorney General for Northern Ireland of the proceedings before the Tribunal, with a view to the Attorney General for Northern Ireland, if he thinks fit to do so, appointing either or both of the following–
a
a special advocate to represent the interests of the appellant;
b
a special advocate to represent the interests of the person proposing to rely on the certificate, where that person is not the Secretary of State.
2
Paragraph (1) applies unless the Secretary of State does not intend to argue that the certificate should be upheld.
3
The function of a special advocate is to represent the interests of a party, as mentioned by paragraph (1), by–
a
making submissions to the Tribunal in any proceedings from which that party and his representative are excluded;
b
cross-examining witnesses at any such proceedings; and
c
making written submissions to the Tribunal.
4
Except in accordance with paragraphs (5) to (8), a special advocate may not communicate directly or indirectly with the party whose interests he has been appointed to represent on any matter connected with proceedings before the Tribunal.
5
A special advocate may communicate with the party whose interests he has been appointed to represent at any time before the Secretary of State makes material available to him under rule 10(3) or 11(4).
6
At any time after the Secretary of State has made material available to him under rule 10(3) or 11(4), a special advocate may seek directions from the Tribunal authorising him to seek information in connection with the proceedings from the party whose interests he has been appointed to represent.
7
In paragraphs (4) to (6) a reference to a party whose interests the special advocate has been appointed to represent includes the representative of that party.
8
The clerk to the Tribunal shall notify the Secretary of State of a request for directions under paragraph (6) and the Secretary of State shall, within 14 days of receipt of notification under this paragraph, give the Tribunal notice of any objection which he has to the request for information being made or to the form in which it is proposed to be made.
Secretary of State’s reply
10
1
If the Secretary of State intends to argue that the certificate should be upheld–
a
he shall give the Tribunal written notice that this is the case; and
b
within 42 days after receiving a copy of the notice of appeal, he shall provide the Tribunal with a summary of the facts justifying the certificate and a statement of the evidence which he relies upon in support of the certificate.
2
Where the Secretary of State objects to material referred to in paragraph (1)(b) being disclosed to either or both of the parties to the appeal, he shall also–
a
state the reasons for his objection; and
b
if and to the extent that it is possible to do so without disclosing information contrary to the public interest, provide a statement of the material in a form which can be shown to that party or those parties.
3
Where he makes an objection under paragraph (2), the Secretary of State shall make available to each special advocate, at the request of the clerk to the Tribunal, the material which he has provided to the Tribunal under paragraphs (1) and (2).
4
Before requesting the Secretary of State to send this material to the special advocate, the clerk to the Tribunal shall enquire of each special advocate whether he has had an opportunity to communicate in accordance with rule 9(5) with the party whose interests he has been appointed to represent.
Other party’s reply
11
1
If the person proposing to rely on the certificate, where that person is not the Secretary of State, intends to argue that the certificate should be upheld–
a
he shall give the Tribunal written notice that this is the case; and
b
within 42 days after receiving a copy of the notice of appeal, he shall provide the Tribunal with a summary of the facts relating to the act specified in the certificate.
2
The clerk to the Tribunal shall send to the Secretary of State a copy of any material provided under paragraph (1)(b).
3
Where the Secretary of State objects to the material being disclosed to the appellant or his representative, he shall in a notice to the Tribunal–
a
state the reasons for his objection; and
b
if and to the extent that it is possible to do so without disclosing information contrary to the public interest, provide a statement of the material in a form which can be shown to the parties.
4
Where he makes an objection under paragraph (3), the Secretary of State shall make available to each special advocate, at the request of the clerk to the Tribunal, the material provided under paragraphs (1)(b) and (3).
5
Before requesting the Secretary of State to send this material to the special advocate, the clerk to the Tribunal shall enquire of each special advocate whether he has had an opportunity to communicate in accordance with rule 9(5) with the party whose interests he has been appointed to represent.
Consideration of Secretary of State’s objection
12
1
This Rule applies where the Secretary of State makes an objection under rule 9(8), 10(2) or 11(3), or makes an application under rule 16(3).
2
The parties (other than the Secretary of State) and their representatives shall be excluded from proceedings to which this rule applies.
3
The Tribunal shall decide whether to uphold the objection or grant the application.
4
Before doing so, the Tribunal shall invite each special advocate to make written representations.
5
After considering representations made under paragraph (4), the Tribunal may–
a
invite each special advocate to make oral representations; or
b
uphold the objection or grant the application without requiring further representations from the special advocate.
6
Where the Tribunal is minded to overrule the objection or to refuse the application, or to require the Secretary of State to provide material in a different form from that in which he has provided it under rule 10(2)(b) or 11(3)(b), the Tribunal shall invite the Secretary of State and each special advocate to make oral representations.
7
Where–
a
the Tribunal overrules an objection under rule 10(2) or 11(3), or requires him to provide material in a different form from that which he has provided under rule 10(2)(b) or 11(3)(b); and
b
the Secretary of State wishes to continue to argue that the certificate should be upheld, he shall not be required to disclose any material which was the subject of his unsuccessful objection if he chooses not to rely on it in advancing that argument.
Amendment and supplementary grounds
13
1
With the leave of the Tribunal, the appellant may amend his notice of appeal or deliver supplementary grounds of appeal.
2
Rule 8(5) applies to an amended notice of appeal and to supplementary grounds of appeal provided under paragraph (1).
3
With the leave of the Tribunal, the Secretary of State may amend or supplement the material which he has provided under rule 10 or 11.
4
Where further objections are provided under paragraph (3), the Tribunal shall consider them in accordance with rule 12.
Directions
14
1
Subject to any decision which it makes under rule 12 and to the need to secure that information is not disclosed contrary to the public interest, the Tribunal may give directions for the conduct of proceedings.
2
Directions may–
a
provide for a particular matter to be dealt with as a preliminary issue and for a pre-hearing review to be held;
b
limit the length of oral submissions and the time allowed for the examination and cross-examination of witnesses;
c
require any party to the appeal to give the Tribunal–
i
statements of fact and statements of the evidence which will be called at any hearing, including such statements provided in a modified or edited form;
ii
a skeleton argument which summarises the submissions which will be made and cites all the authorities which will be relied upon, identifying any particular passages to be relied upon;
iii
an estimate of the time which will be needed for any hearing;
iv
a list of the witnesses who will be called to give evidence;
v
a chronology of events, and to serve any such material on the other parties to the appeal.
3
The Tribunal may, subject to any provision of this Part which prescribes a particular time limit for the taking of any step, specify time limits for steps to be taken in the proceedings and may extend any time limit so specified.
4
The power to give directions may be exercised in the absence of the parties.
Failure to comply with directions
15
1
Where a party fails to comply with a direction, the Tribunal may send him a notice which states–
a
the respect in which he has failed to comply with the relevant direction;
b
the time limit for complying with the direction; and
c
that the Tribunal may proceed to determine the appeal on the material available to it if the party fails to comply with the relevant direction within the time specified.
2
Where the party fails to comply with the notice under paragraph (1), the Tribunal may proceed in accordance with paragraph (1)(c).
Applications
16
1
Before the Tribunal notifies any party of–
a
any order or direction made or given in the absence of the Secretary of State;
b
any summary prepared under rule 21; or
c
the Tribunal’s determination under rule 22, it shall first notify the Secretary of State.
2
If the Secretary of State considers that–
a
notification of that matter to any party; or
b
compliance with an order or direction made or given in his absence, would cause information to be disclosed contrary to the public interest, he may apply to the Tribunal to reconsider the order or direction or to review the proposed summary or determination.
3
If the Secretary of State makes an application under paragraph (2), he shall as soon as practicable send a copy of it to each special advocate.
4
An application by the Secretary of State under paragraph (2) shall be made within 14 days of receipt of notification under paragraph (1), and the Tribunal shall not notify any party as mentioned in paragraph (1) before the time for applying has expired.
Notification of hearing
17
The clerk to the Tribunal shall notify each special advocate and every party entitled to attend of the date, time and place fixed for any hearing.
Exclusion of parties and hearings in private
18
1
Where the Tribunal considers it necessary for a party (other than the Secretary of State) and his representative to be excluded from the proceedings or any part of them in order to secure that information is not disclosed contrary to the public interest, it shall–
a
direct accordingly; and
b
hear the proceedings, or that part of them from which the party and his representative are excluded, in private.
2
The Tribunal may hear the proceedings or part of them in private for any other good reason.
Evidence
19
1
In any proceedings on an appeal, the evidence of witnesses may be given either–
a
orally, before the tribunal; or
b
in writing, in which case it shall be given in such a manner and at such time as the Tribunal has directed.
2
The Tribunal may receive evidence in documentary or any other form.
3
The Tribunal may also receive evidence that would not be admissible in proceedings, before any court, to which the strict rules of evidence apply.
4
No person shall be compelled to give evidence or produce a document which he could not be compelled to give or produce on the trial of an action in the High Court.
5
Every party shall be entitled to adduce evidence and to cross-examine witnesses during any part of the hearing of the appeal from which he and his representative are not excluded.
6
The Tribunal may require a witness to give evidence on oath.
Summoning of witnesses
20
1
Subject to rules 3 and 19(4) and paragraph (2) of this rule, the Tribunal may require any person to attend as a witness at any proceedings before the Tribunal and 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.
2
No person shall be required to travel more than 16 kilometres from his place of residence unless the necessary expenses of his attendance are paid or tendered to him.
3
Where a party requests the attendance of a witness, that party shall pay or tender those expenses.
Notification to appellant before determination
21
1
Where a party to the appeal and his representative have been excluded from the hearing of the appeal or any part of it, the Tribunal shall, before it makes a determination, give that party a summary of the submissions and evidence received in his absence if and to the extent it is possible to do so without disclosing information contrary to the public interest.
2
Where the Tribunal provides such a summary, it shall afford the special advocate and the parties an opportunity to make representations and adduce evidence or further evidence to the Tribunal in respect of the material contained in it.
Promulgation of determination
22
1
The Tribunal shall record its determination and, if and to the extent it is possible to do so without disclosing information contrary to the public interest, the reasons for it.
2
The Tribunal shall publish its determination and send written notice of it to–
a
each special advocate and the parties; and
b
where the Secretary of State is not a party, to the Secretary of State.
PART III
LEAVE TO APPEAL FROM TRIBUNAL
Application of Part III
23
This Part applies to applications for leave to appeal, on a question of law, to the Court of Appeal in Northern Ireland from a final determination of an appeal by the Tribunal.
Application for leave to appeal
24
1
An application to the Tribunal for leave to appeal shall be made within 10 days after the party seeking to appeal, or the Secretary of State where he was not a party to the appeal before the Tribunal, has received written notice of the determination.
2
The Tribunal may decide an application for leave without a hearing unless it considers there are special circumstances which make a hearing necessary or desirable.
Lord Irvine of Lairg , C.
Dated 28th July 1999


text:
1
1
This Order may be cited as the Value Added Tax (Cars) (Amendment) Order 1999.
2
This Order, with the exception of article 10, shall come into force on 1st December 1999.
3
Article 10 of this Order shall come into force on 1st March 2000.
2
The Value Added Tax (Cars) Order 1992 shall be amended in accordance with articles 3 to 10 below.
3
In article 2 —
a
the definition of “car dealer” shall be omitted; and
b
for the definition of “motor car” there shall be substituted —
“Motor car” means any motor vehicle of a kind normally used on public roads which has three or more wheels and either —
is constructed or adapted solely or mainly for the carriage of passengers; or
has to the rear of the driver’s seat roofed accommodation which is fitted with side windows or which is constructed or adapted for the fitting of side windows;
but does not include —
vehicles capable of accommodating only one person;
vehicles which meet the requirements of Schedule 6 to the Road Vehicles (Construction and Use) Regulations 1986 and are capable of carrying twelve or more seated persons;
vehicles of not less than three tonnes unladen weight (as defined in the Table to regulation 3(2) of the Road Vehicles (Construction and Use) Regulations 1986);
vehicles constructed to carry a payload (the difference between a vehicle’s kerb weight (as defined in the Table to regulation 3(2) of the Road Vehicles (Construction and Use) Regulations 1986) and its maximum gross weight (as defined in that Table)) of one tonne or more;
caravans, ambulances and prison vans;
vehicles constructed for a special purpose other than the carriage of persons and having no other accommodation for carrying persons than such as is incidental to that purpose;
.
4
In article 4A —
a
for “either article 5 or article 6” there shall be substituted “article 5”; and
b
for “one or other of those articles” there shall be substituted “that article”.
5
In article 5(1) —
a
the word “or” after sub-paragraph (b) shall be omitted;
b
for “, but does not apply to any motor car to which article 6 below applies.” there shall be substituted —
; or
which was transferred to a taxable person as an asset of a business or part of a business in the course of the transfer of that business or part of a business as a going concern —
in circumstances where the transfer was treated as neither a supply of goods nor a supply of services by virtue of an Order made or having effect as if made under section 5(3) of the Act;
in the hands of the transferor or any predecessor of his the motor car was one to which this article applied by virtue of sub-paragraph (a), (b) or (c) above; and
the motor car has not been treated as supplied by virtue of this article to and by the transferor or any of his predecessors.
.
6
After article 5(2) there shall be inserted —
2A
For the purposes of paragraph (1)(d) above a person is a predecessor of a transferor if —
a
he transferred the motor car as an asset of a business or part of a business which he transferred as a going concern —
i
to the transferor, or
ii
where the motor car has been the subject of more than one such transfer, to a person who made one of those transfers; and
b
the transfer of the motor car was treated as neither a supply of goods nor a supply of services by virtue of any Order made or having effect as if made under section 5(3) of the Act.
.
7
For article 5(3) there shall be substituted —
3
Where a motor car to which this article applies —
a
has not been supplied by the taxable person in the course or furtherance of a business carried on by him; and
b
is used by him such that had it been supplied to, or imported or acquired from another member State by, him at that time his entitlement to credit under section 25 of the Act in respect of the VAT chargeable on such a supply, importation or acquisition from another member State would have been wholly excluded by virtue of article 7 of the Value Added Tax (Input Tax) Order 1992 ,
it shall be treated for the purposes of the Act as both supplied to him for the purposes of a business carried on by him and supplied by him for the purposes of that business.
;
8
Articles 6 and 6A shall be omitted.
9
In article 7 for “Articles 5 and 6” there shall be substituted “Article 5”.
10
In article 8(2)(bb) after “a supply” there shall be inserted “received before 1st March 2000”.
Jim Dowd
Bob Ainsworth
Two of the Lords Commissioners of Her Majesty’s Treasury
14th October 1999


text:
Citation and commencement
1
These Regulations may be cited as the National Institute for Clinical Excellence (Amendment) Regulations 1999 and shall come into force on 27th August 1999.
Amendment of the National Institute for Clinical Excellence Regulations 1999
2
The National Institute for Clinical Excellence Regulations 1999 are amended as follows —
a
in regulation 1(2), in the definition of “the Act”, for “1997” there is substituted “1977”;
b
in regulation 4(1), for the word “should” there is substituted the word “shall”.
Frank Dobson
Secretary of State for Health
5th August 1999


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the School Standards and Framework Act 1998 (Admissions and Standard Numbers) (Modification) Regulations 1999; and this regulation and regulations 2 to 8 and 10 shall come into force on 22nd April 1999, and regulation 9 shall come into force on 1st September 1999.
2
In these Regulations–
“the 1998 Act ” means the School Standards and Framework Act 1998;
“the plan approval date”, in relation to any local education authority in England, means the date on which the first school organisation plan for that authority is approved under section 26 of the 1998 Act;
“the relevant time” means any time after the coming into force of these Regulations and before 1st September 1999 .
Modification of section 84 of the 1998 Act
2
1
During the relevant time, section 84(6) of the 1998 Act shall apply with the following modifications.
2
After the definition of “child” insert the following definition–
“denominational school” means a voluntary or grant-maintained school (within the meaning of the Education Act 1996 ) at which–
the provision for religious education required for registered pupils by section 352(1)(a) of that Act to be included in the basic curriculum is, pursuant to section 378(1) or 381(2) of that Act, in accordance with the tenets of a particular religion or religious denomination; or
the registered parents of any pupils are able to request, pursuant to section 377 or 380(2) and (3) of that Act, that the pupils may receive religious education in accordance with the tenets of a particular religion or religious denomination;
.
3
For the definition to the “the relevant standard number” substitute–
“the relevant standard number” in relation to a maintained school, a relevant age group and a school year, means–
(in the case of a county or voluntary school) the standard number applying to the school under sections 417 to 420 of the Education Act 1996 in relation to that age group and year, or
(in the case of a grant-maintained school) the approved admission number applying to the school under sections 426 to 428 of that Act for that age group and year;
.
4
After the definition of “the relevant standard number” (as so substituted) insert the following definition–
“school maintained by a local education authority” means a county, voluntary, maintained special, grant-maintained or grant-maintained special school (within the meaning of the Education Act 1996).
.
Modification of section 86 of the 1998 Act
3
1
During the relevant time, section 86 of the 1998 Act shall apply with the following modification.
2
In subsection (3)(b), for “foundation or voluntary aided” substitute “denominational”.
Modification of section 91 of the 1998 Act
4
1
During the relevant time, section 91 of the 1998 Act shall apply with the following modification.
2
In subsection (1), for “foundation or voluntary aided school which has a religious character” substitute “denominational school”.
Modification of section 94 of the 1998 Act
5
1
During the relevant time, section 94 of the 1998 Act shall apply with the following modifications.
2
In subsection (1)(b) and (6)(b), for “a community or voluntary controlled school” substitute (in each place) “a county or controlled school (within the meaning of the Education Act 1996)”.
3
In subsection (2), for “a foundation or voluntary aided school” substitute “a grant-maintained or aided school (within the meaning of the Education Act 1996)”.
4
In subsections (3) and (4), for “foundation or voluntary aided” substitute (in each place) “grant-maintained or aided”.
Modification of section 95 of the 1998 Act
6
1
During the relevant time, section 95 of the 1998 Act shall apply with the following modification.
2
In subsection (2), for “community or voluntary controlled” substitute “county or controlled”.
Modification of section 98 of the 1998 Act
7
1
During the relevant time, section 98 of the 1998 Act shall apply with the following modification.
2
In subsection (5), for “community or foundation special schools” substitute “maintained or grant-maintained special schools (within the meaning of the Education Act 1996)”.
Modification of section 103 of the 1998 Act
8
1
In relation to any time before section 28 of the 1998 Act comes into force, section 103 of that Act shall apply with the following modification.
2
In subsection (2) for “a prescribed alteration for the purposes of section 28” substitute “a significant change of character of the school for the purposes of sections 35(1), 41(2), 259(1) and 260(2) of the Education Act 1996”.
Modification of Schedule 23 to the 1998 Act
9
1
Where the plan approval date for any local education authority in England falls after 31st August 1999, the provisions of Schedule 23 to the 1998 Act shall, until the plan approval date for that authority (or as mentioned in paragraph (2)), apply in relation to any school maintained by, or situated in the area of that authority, with the following modifications–
a
in paragraph 4(2), for “the school organisation committee or the adjudicator” substitute “the Secretary of State”;
b
in paragraph 5(1) and (5), for “the school organisation committee” substitute (in each place) “the Secretary of State”;
c
in paragraph 6(1)–
i
for “the school organisation committee” substitute “the Secretary of State”,
ii
for “they think” substitute (in each place) “he thinks”, and
iii
for “decide” substitute “decides”;
d
in paragraph 6(2), for “the committee” substitute “the Secretary of State”;
e
in paragraph 6(3)–
i
for “the committee” substitute “the Secretary of State”, and
ii
omit sub-paragraphs (a) and (b);
f
in paragraph 6(4)–
i
for “the committee” substitute “the Secretary of State”, and
ii
for “they are” substitute “he is”;
g
in paragraph 6(5)–
i
for “the committee are satisfied” substitute “the Secretary of State is satisfied,”,
ii
for “the committee shall make a decision” substitute “the Secretary of State shall make a decision”, and
iii
for “they consider” substitute “he considers”;
h
in paragraph 6(6)–
i
for “the school organisation committee make” substitute “the Secretary of State makes”, and
ii
for “the committee may” substitute “he may”;
i
omit paragraph 6(7) to (9);
j
in paragraph 6(10)–
i
for “the school organisation committee or the adjudicator” substitute “the Secretary of State”, and
ii
for “decision of theirs” substitute “decision of his”.
2
The modifications made to Schedule 23 to the 1998 Act by paragraph (1) above shall continue to have effect on or after the plan approval date in relation to a school mentioned in that paragraph for the purposes of proposals to which paragraph (3) applies.
3
This paragraph applies to proposals in connection with an application for the variation of any standard number applying at that school published in accordance with paragraph 5 of Schedule 23 on or after 1st September 1999 where no decision has been made upon that application under paragraph 6 of Schedule 23 (as so modified) before the plan approval date.
Modification of Schedule 24 to the 1998 Act
10
1
During the relevant time, Schedule 24 to the 1998 Act shall apply with the following modification.
2
In paragraph 2(1), for “a foundation or voluntary aided school” substitute “a grant-maintained or aided school (within the meaning of the Education Act 1996)”.
Estelle Morris
Minister of State,
Department for Education and Employment
28th March 1999
Peter Hain
Parliamentary Under Secretary of State, Welsh Office
30th March 1999


text:
1
This Order may be cited as the Education (Chief Inspector of Schools in England) Order 1999 and shall come into force on 31st August 1999.
2
Christopher Anthony Woodhead is hereby re-appointed Her Majesty’s Chief Inspector of Schools in England for a period of four years from 1st September 1999.
A. K. Galloway
Clerk of the Privy Council