text:
Citation and commencement
1
This Order may be cited as the Judicial Pensions and Retirement Act 1993 (Addition of Qualifying Judicial Offices) Order 1999 and shall come into force on 1st June 1999.
Amendment of Schedules 1 and 5 to the Judicial Pensions and Retirement Act 1993
2
In Part II of Schedule 1 to the Judicial Pensions and Retirement Act 1993 (offices which may be qualifying judicial offices for the purposes of Part I of the Act) there shall be added at the end of the entry headed “Other officers whose holders are appointed by the Lord Chancellor” the following offices–
Member of a panel constituted under section 6(1) of the Social Security Act 1998 who–
a
is appointed to serve full-time as a member of that panel; and
b
either–
i
has a general qualification (construed in accordance with section 71 of the Courts and Legal Services Act 1990 ); or
ii
is an advocate or solicitor in Scotland
Member of a panel constituted under Article 7(1) of the Social Security (Northern Ireland) Order 1998 who–
a
is appointed to serve full-time as a member of that panel; and
b
is a barrister or solicitor
.
3
At the end of Schedule 5 to that Act (retirement provisions: the relevant offices) there shall be added the following offices–
Member of a panel constituted under section 6(1) of the Social Security Act 1998
Member of a panel constituted under Article 7(1) of the Social Security (Northern Ireland) Order 1998
.
Irvine of Lairg, C.
Dated 21st May 1999


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Council Tax (Reductions for Disabilities) (Amendment) Regulations 1999 and shall come into force on 1st April 2000.
Extension of reductions to Band A dwellings
2
1
The Council Tax (Reductions for Disabilities) Regulations 1992 are amended in accordance with the following provisions of this regulation.
2
In regulation 4(3), for the words from “A is the amount” to “in substitution for that amount” there is substituted–
A is the amount determined in accordance with paragraph (3A).
3
After regulation 4(3) there is inserted–
3A
For the purposes of this regulation–
a
in respect of a dwelling in relation to which the relevant valuation band is any of valuation bands B to H, A is the amount which, for the financial year in which the day falls and the alternative valuation band, has been set by the authority for its area or (as the case may be) the part of its area in which the dwelling is situated; and
b
in respect of a dwelling in relation to which the relevant valuation band is valuation band A, A is an amount equal to five ninths of the amount which, for the financial year in which the day falls and valuation band D, has been set by the authority for its area or (as the case may be) the part of its area in which the dwelling is situated.
3B
References in paragraph (3A) to an amount set by an authority include a reference to an amount set in substitution for such an amount.
4
The following provisions are revoked:
a
in regulation 3(1), the words “Subject to paragraph (4),”; and
b
regulation 3(4).
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Nick Raynsford
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
26th March 1999
Signed by authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under Secretary of State, Welsh Office
29th March 1999


text:
Citation and commencement
1
These Regulations may be cited as the M4 Motorway (Hillingdon and Hounslow) (Speed Limits) (Amendment) Regulations 1999 and shall come into force on 8th March 1999.
Amendment to Part II of the Schedule to the M4 Motorway (Hillingdon and Hounslow) (Speed Limits) Regulations 1998
2
In Part II of the Schedule to The M4 Motorway (Hillingdon and Hounslow) (Speed Limits) Regulations 1998 , after paragraph 6 there shall be inserted the following paragraph–
6A
The entire length of the Junction 2 westbound access slip road, a distance of approximately 436 metres.
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
28th January 1999


text:
PART I
PRELIMINARY
Citation and commencement
1
This Order may be cited as the Channel Tunnel Rail Link (Boarley Lane Diversion) Order 1999 and shall come into force on 19th February 1999.
Interpretation
2
1
In this Order, unless the context otherwise requires–
“the 1965 Act ” means the Compulsory Purchase Act 1965 ;
“authorised works” means the scheduled work and any other works authorised by this Order;
“the book of reference” means the book of reference certified by the Secretary of State as the book of reference for the purposes of this Order;
“deemed planning permission” means a planning permission which is deemed by a direction under section 90(2A) of the Town and Country Planning Act 1990 to be granted in relation to any authorised works;
“the deposited plan” means the plan certified by the Secretary of State as the deposited plan for the purposes of this Order;
“the deposited sections” means the sections certified by the Secretary of State as the deposited sections for the purposes of this Order;
“ Eurostar ” means Eurostar ( U.K. ) Limited;
“highway” has the same meaning as in the Highways Act 1980 ;
“the limit of deviation” means the limit of deviation which is shown on the deposited plan (being the limit of deviation for the scheduled work);
“the limits of land to be acquired or used” means the limits of land to be acquired or used which are shown on the deposited plan (being limits designating certain land outside the limit of deviation which may be acquired or used under this Order);
“maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace and “maintenance” shall be construed accordingly;
“the Order limits” means any of the limits of land to be acquired or used or the limit of deviation;
“owner”, in relation to land, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of land (whether in possession or reversion) and includes a person holding, or entitled to the rents and profits of, the land under a lease or tenancy having an unexpired term exceeding 3 years;
“the principal Act ” means the Channel Tunnel Rail Link Act 1996 ;
“the scheduled work” means the work specified in Schedule 1 to this Order.
2
Unless the context otherwise requires, other expressions used in this Order and in the principal Act have the same meaning as in that Act.
3
References in this Order to rights over land include references to rights to do, or to place and maintain, anything in or on land or in the air-space over its surface.
4
All directions, distances, lengths and points stated in any description of works, powers or lands shall be construed as if the words “or thereabouts” were inserted after each such direction, distance, length and point.
5
References in this Order to points identified by letters shall be construed as references to the points so marked on the deposited plan.
PART II
WORKS
Construction and maintenance of scheduled work
3
1
Eurostar may construct and maintain the scheduled work.
2
Subject to paragraph (5) below, the scheduled work shall be constructed in the line or situation shown on the deposited plan and in accordance with the levels shown on the deposited sections.
3
Eurostar may, for the purposes of or in connection with the scheduled work, do any of the following within the Order limits–
a
construct, provide and maintain all such embankments, aprons, abutments, retaining walls, wing walls, culverts and other works as may be necessary or convenient,
b
make junctions with any highway abutting on the scheduled work and make any ancillary alteration or adjustment of the highway for the purpose,
c
alter or remove any structure erected upon any highway or adjoining land,
d
alter the position of apparatus, including mains, sewers, drains and cables,
e
alter the course of, or otherwise interfere with, non-navigable rivers, streams or watercourses, and
f
carry out and maintain such other works, of whatever description, as may be necessary or expedient.
4
Eurostar may within the Order limits–
a
carry out and maintain landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of any of the other authorised works, and
b
carry out and maintain works for the benefit or protection of land affected by any of the other authorised works.
5
In constructing or maintaining the scheduled work, Eurostar may–
a
deviate laterally from the line or situation shown on the deposited plan within the limit of deviation;
b
deviate vertically from the levels shown on the deposited sections to any extent not exceeding 3 metres upwards or downwards.
Stopping up of Boarley Lane
4
1
Subject to paragraph (2) below Eurostar may stop up Boarley Lane, in the County of Kent, Borough of Maidstone, Parish of Boxley, between points A and B.
2
The power conferred by paragraph (1) above shall not be exercised until the later of the date of practical completion of the scheduled work and the date on which the scheduled work is first open for public use, as determined for the purposes of paragraph 11(2) of Schedule 3 to the principal Act as applied by article 13 below.
PART III
ACQUISITION OF LAND
Power to acquire land
5
The Secretary of State may acquire compulsorily so much of the land shown on the deposited plan within the Order limits as may be required for or in connection with the authorised works.
Application of Compulsory Purchase Act 1965 and Compulsory Purchase (Vesting Declarations) Act 1981
6
1
Part I of the 1965 Act, so far as not inconsistent with this Order, shall apply to an acquisition of land under article 5 above as it applies to a compulsory purchase to which Schedule 1 to the Acquisition of Land Act 1981 applies and as if this Order were a compulsory purchase order under that Act.
2
In its application by virtue of paragraph (1) above, the 1965 Act shall have effect with the following modifications–
a
section 4 (time limit for exercise of powers of compulsory purchase) shall be omitted;
b
section 11(1) (power to enter on and take possession of land the subject of a notice to treat after giving not less than 14 days' notice) shall have effect–
i
in a case where the notice to treat relates only to the acquisition of subsoil or under-surface of land or an easement or other right over land, with the substitution for “fourteen days” of “one month's”, and
ii
in any other case, with the substitution for “fourteen days” of “3 months'”;
c
in Schedule 3 (alternative procedure for obtaining right of entry), paragraph 3(3) (requirement as to sureties in relation to bond for compensation) shall be omitted.
3
The Compulsory Purchase (Vesting Declarations) Act 1981 shall apply as if this Order were a compulsory purchase order.
4
In its application by virtue of paragraph (3) above, the Compulsory Purchase (Vesting Declarations) Act 1981 shall have effect with the following modifications–
a
in section 3 (preliminary notices) for subsection (1) there shall be substituted–
1
Before making a declaration under section 4 below with respect to any land which is subject to a compulsory purchase order the acquiring authority shall include the particulars specified in subsection (3) below in a notice which is–
a
given to every person with a relevant interest in the land with respect to which the declaration is to be made (other than a mortgagee who is not in possession), and
b
published in the London Gazette.
;
b
in that section, in subsection (2), for “(1)(b)” there shall be substituted “(1)”, and after “given” there shall be inserted “and published”;
c
in that section, subsections (5) and (6) shall be omitted and for those subsections there shall be substituted–
5
For the purposes of this section, a person has a relevant interest in land if–
a
he is for the time being entitled to dispose of the fee simple of the land, whether in possession or reversion, or
b
he holds, or is entitled to the rents and profits of, the land under a lease or agreement, the unexpired term of which exceeds one month.
;
d
in section 5 (earliest date for execution of declaration)–
i
in subsection (1), after “publication” there shall be inserted “in the London Gazette”, and
ii
subsection (2) shall be omitted;
e
in section 7 (constructive notice to treat) in subsection (1)(a), the words “(as modified by section 4 of the Acquisition of Land Act 1981)” shall be omitted;
f
references to the Compulsory Purchase Act 1965 shall be construed as references to that Act as applied to the acquisition of land under article 5 above.
Acquisition of new rights
7
1
The power conferred by article 5 above shall include, in relation to any land to which the power relates, power to create and acquire such easements or other rights over land as may be required as mentioned in that provision instead of acquiring the land itself.
2
Part I of the 1965 Act as applied to the acquisition of land under article 5 above, and the enactments relating to compensation for the compulsory purchase of land, shall apply to a compulsory acquisition by virtue of paragraph (1) above–
a
with the modifications specified in Schedule 2 to this Order, and
b
with such other modifications as may be necessary.
3
In relation to land to which this paragraph applies, article 5 above, so far as relating to acquisition by virtue of paragraph (1) above, shall be treated as also authorising acquisition by a statutory utility in any case where the Secretary of State gives his consent in writing to that acquisition.
4
Paragraph (3) above applies to land within the Order limits which is or will be required for use in relocating any apparatus which it is expedient to divert or replace in consequence of the carrying out of the authorised works; and in that paragraph “statutory utility” means a licence holder within the meaning of Part I of the Electricity Act 1989 , a public gas transporter within the meaning of Part I of the Gas Act 1986 , a water undertaker within the meaning of the Water Industry Act 1991 , a sewerage undertaker within Part II of that Act and any local authority which is a relevant authority for the purposes of section 97 of that Act.
Compensation for injurious affection
8
Section 10(1) of the 1965 Act (compensation for injurious affection) shall have effect, in relation to land injuriously affected by the execution of works under this Order, with the substitution for “acquiring authority have” of “Eurostar has”.
Acquisition and use of subsoil of highway
9
Eurostar may enter upon, take and use for the purposes of the authorised works so much of the subsoil of any highway within the Order limits as shall be required for the purpose of the construction or maintenance of those works, without being required to acquire that subsoil or any interest therein.
Temporary occupation of certain land
10
1
Eurostar may, in connection with the diversion or alteration of Boxley 132kV overhead electric cable ( PN ) in the County of Kent, Borough of Maidstone, Parish of Boxley, pursuant to paragraph 1(1) or 3 of Schedule 2 to the principal Act, enter upon and take possession of the land in that Parish within the limit of land to be temporarily occupied shown on the deposited plan in order to provide working space and to enable the temporary lowering or disconnection of the cable and other operations to facilitate the diversion or alteration.
2
Not less than 28 days before entering upon and taking possession of land under this article, Eurostar shall give notice to the owners and occupiers of the land of its intention to do so.
3
Eurostar may not remain in possession of any land under this article after the end of the period of one month beginning with the date of completion of the diversion or alteration work unless the owners of the land agree otherwise.
4
All private rights of way over land of which Eurostar takes possession under this article shall be suspended and unenforceable for as long as it remains in lawful possession of the land.
5
Eurostar shall pay compensation to the owners and occupiers of land of which possession is taken under paragraph (1) above for any loss which they may suffer by reason of the exercise in relation to the land of the powers conferred by that paragraph, and to any person who suffers loss by the suspension of a right under paragraph (4) above.
6
Any dispute as to a person’s entitlement to compensation under paragraph (5) above, or as to the amount of compensation, shall be determined under and in accordance with Part I of the Land Compensation Act 1961 .
7
Nothing in this article shall affect any liability to pay compensation under section 10(2) of the 1965 Act, as applied to the acquisition of land under article 5 above or section 4(1) of the principal Act, or under any other enactment, otherwise than for loss for which compensation is payable under paragraph (5) above.
8
If a licence holder within the meaning of Part I of the Electricity Act 1989 carries out the diversion or alteration of the said overhead electric cable in connection with or to facilitate the construction of the works authorised by the principal Act and the Secretary of State consents in writing, that licence holder may exercise the powers exercisable by Eurostar under this article; and if the licence holder does so exercise those powers, paragraphs (2) to (7) above shall apply to the licence holder accordingly.
Time limit for powers of compulsory acquisition
11
After the end of the period of 5 years beginning with the day on which this Order is made–
a
no notice to treat shall be served under Part I of the 1965 Act, as applied to the acquisition of land under article 5 above;
b
no declaration shall be executed under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981, as applied by article 6(3) above.
PART IV
MISCELLANEOUS AND GENERAL
Certification of plans etc.
12
Eurostar shall, as soon as practicable after the making of this Order, submit one or more copies of the book of reference, the deposited sections and the deposited plan to the Secretary of State for certification that they are true copies of, respectively, the book of reference, the deposited sections and the deposited plan referred to in this Order; and a document so certified shall be admissible in any proceedings as evidence of the contents of the document of which it is a copy.
Application of provisions of principal Act
13
1
Schedule 3, which amongst other matters applies provisions of the principal Act not applied by the preceding provisions of this Order, shall have effect.
2
So far as consistent with the provisions of this Order and the Transport and Works Act 1992 and so far as any person exercising the powers conferred by this Order is a nominated undertaker for the purposes of any provisions of Part I of the principal Act, this Order shall be construed as one with the principal Act.
3
Without prejudice to the generality of paragraph (2) above, in determining any application or request by Eurostar to any body for an approval or consent under the provisions of the principal Act (including those provisions as applied by this Order), it shall be competent for that body to have regard (so far as relevant) to the combined effect of the works authorised by this Order and the works authorised by the principal Act for the purposes of the construction of which Eurostar is the nominated undertaker.
Transfer of functions under Order
14
1
Subject to paragraphs (2) and (3) below, Eurostar may enter into an agreement with any person (“the transferee”) for the transfer of all or any of its undertaking under this Order, including all or any of the functions, powers or duties of Eurostar under this Order,–
a
either permanently or for such period as is specified in or determined under the agreement, and
b
either unconditionally or subject to such conditions or upon the happening of such events as may be specified in the agreement.
2
The terms of any agreement made by virtue of paragraph (1) above shall, unless the transferee is the Secretary of State or a nominated undertaker for any purposes of any provisions of Part I of the principal Act, be subject to the approval of the Secretary of State.
3
Any agreement or undertaking entered into by Eurostar in connection with the promotion of this Order shall, so far as relevant to any functions, powers or duties under this Order exercisable by the transferee under an agreement made by virtue of paragraph (1) above, be binding on the transferee.
4
Where an agreement is made by virtue of paragraph (1) above, references to Eurostar in this Order (including references inserted or substituted by this Order in the principal Act or any other enactment) shall, to such extent and for such purposes as the agreement so provides, have effect as references to the transferee.
5
Paragraphs (6) and (7) below apply if at any time after the making of this Order a relevant nomination order is made and if at the time that order is made no agreement pursuant to paragraph (1) above, other than an agreement with UR (South), has been made by Eurostar.
6
Subject to paragraph (7) below, where this paragraph applies–
a
references in this Order to Eurostar are to be treated for all purposes of this Order (including paragraphs (1) to (4) above) as references to UR (South);
b
anything done by or to Eurostar under or pursuant to this Order or (so far as relevant to this Order) under or pursuant to any provision of an enactment applied by or incorporated with this Order, shall have effect as if done by or to (as the case may be) UR (South);
c
any consent or approval given to Eurostar in relation to the works or other matters authorised by this Order, shall have effect as if given to UR (South);
d
any request made for such a consent or approval shall have effect as if made by UR (South); and
e
any agreement or undertaking entered into by Eurostar in connection with the promotion of this Order shall be enforceable against UR (South) to the same extent that it would, in the absence of this paragraph, have been enforceable against Eurostar.
7
Nothing in paragraph (6) above shall have the effect, as between Eurostar and UR (South), of overriding any agreement made between them (whether before or after this Order comes into force) concerning the apportionment of responsibility for liabilities arising under or the exercise of rights conferred by this Order, including any agreement as to the making of payments or the indemnification of one by the other.
8
In this article–
“relevant nomination order” means an order made under section 34 of the principal Act which specifies UR (South) as the nominated undertaker for any purposes connected with the construction of Work No. 13 (Strood to Detling) authorised by the principal Act; and
“UR (South)” means Union Railways (South) Limited.
Termination of development agreement
15
1
This article applies where the Secretary of State has entered into a development agreement for purposes connected with the construction or operation of the Channel Tunnel Rail Link, and that agreement has been terminated under provisions contained therein.
2
Where this article applies, the Secretary of State may by notice in writing transfer to himself or to a nominated undertaker within the meaning of section 34 of the principal Act any of the powers, functions, duties or liabilities of Eurostar under this Order, or of any person to whom Eurostar has transferred them.
3
Where he has transferred such a power, function, duty or liability to himself the Secretary of State may subsequently transfer it to such a nominated undertaker.
4
In exercising his powers under paragraphs (2) and (3) above, the Secretary of State may deal differently in respect of different parts of the authorised works.
5
Any notice under paragraph (2) above shall be given by the Secretary of State to Eurostar or to any person to whom Eurostar has transferred any of the powers, functions, duties or liabilities of Eurostar under this Order.
Cessation of certain powers under principal Act
16
The power conferred by section 1 of the principal Act for the construction of Work No. 13G authorised by that Act, and by paragraph 1 of Schedule 3 to that Act for the stopping up of part of Boarley Lane, in the County of Kent, Borough of Maidstone, Parish of Boxley, shall cease upon commencement of construction of the scheduled work.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
A S D Whybrow
Head of Charging and Local Transport Division,
Department of the Environment, Transport and the Regions
12th February 1999


text:
1
This Order may be cited as the Export of Goods (Control) (Iraq and Kuwait Sanctions) (Amendment) Order 1999 and shall come into force on 14th July 1999.
2
In article 3 of the Export of Goods (Control) (Iraq and Kuwait Sanctions) Order 1990 , the words “in writing” shall be inserted after the word “licence” where it first appears.
Kim Howells
Parliamentary Under Secretary of State for Competition and Consumer Affairs,
Department of Trade and Industry
23rd June 1999


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Hospital In-Patients, Attendance Allowance and Disability Living Allowance) (Amendment) Regulations 1999 and shall come into force on 7th June 1999.
Amendment of regulation 2 of the Social Security (Hospital In-Patients) Regulations 1975
2
Regulation 2 (interpretation) of the Social Security (Hospital In-Patients) Regulations 1975 shall be amended by the insertion after paragraph (2) of the following–
2A
For the purposes of paragraph (2), a period during which a person is regarded as receiving or having received free in-patient treatment shall be deemed to begin on the day after the day on which he enters a hospital or similar institution referred to in that paragraph and to end on the day on which he leaves such a hospital or similar institution.
.
Amendment of regulation 6 of the Social Security (Attendance Allowance) Regulations 1991
3
Regulation 6 (hospitalisation) of the Social Security (Attendance Allowance) Regulations 1991 shall be amended by the insertion after paragraph (2) of the following–
2A
For the purposes of paragraph (1), a period during which a person is maintained free of charge while undergoing medical or other treatment as an in-patient shall be deemed to begin on the day after the day on which he enters a hospital or similar institution referred to in that paragraph and to end on the day on which he leaves such a hospital or similar institution.
.
Amendment of regulations 8 and 12A of the Social Security (Disability Living Allowance) Regulations 1991
4
Regulation 8 (hospitalisation) and 12A (hospitalisation in mobility component cases) of the Social Security (Disability Living Allowance) Regulations 1991 , shall be amended by the insertion after paragraph (2) of each regulation of the following–
2A
For the purposes of paragraph (1), a period during which a person is maintained free of charge while undergoing medical or other treatment as an in-patient shall be deemed to begin on the day after the day on which he enters a hospital or other similar institution referred to in that paragraph and to end on the day on which he leaves such a hospital or other similar institution.
.
Signed by authority of the Secretary of State for Social Security.
Hugh Bayley
Parliamentary Under-Secretary of State,
Department of Social Security
10th May 1999


text:
Title and commencement
1
This Order may be cited as the Bovine Spongiform Encephalopathy (No. 2) (Amendment) Order 1999 and shall come into force on 15th April 1999.
Amendments to the Bovine Spongiform Encephalopathy (No. 2) Order 1996
2
1
The Bovine Spongiform Encephalopathy (No. 2) Order 1996 is amended in accordance with the following paragraphs of this article.
2
In paragraph (1) of article 4 (interpretation) the following definition is substituted for the definition of “mammalian meat and bone meal”–
“mammalian meat and bone meal” means–
mammalian protein (including greaves) derived from the whole or any part of any dead mammal by–
the process of rendering, or
in the case of a product originating outside Great Britain, by an equivalent process; or
any material derived from such protein;
.
3
In paragraph (1) of article 6 (veterinary enquiry as to existence of disease and requirements relating to affected or suspected animals) the phrase “within 56 days” is revoked.
4
In paragraph (1) of article 8 (restrictions on movement of other bovine animals) the following phrase is inserted before the word “he”–
or that any bovine animal on premises may have been exposed to the disease through the agency of any feeding stuff,
.
5
In paragraph (2) of article 16 (disposal and recall of mammalian meat and bone meal and MBM products) the following phrase is inserted before the phrase “a notice”–
or which he reasonably suspects of being so prohibited
.
6
The following paragraph is inserted between paragraphs (2) and (3) of article 16–
2A
An inspector may serve on any person who has sold or supplied any feeding stuff the sale or supply of which is prohibited by article 13(1) or which he reasonably suspects of being so prohibited a notice requiring that person to collect at his own expense that product from the person to whom he supplied or sold it, or from such other person to whom it may have subsequently been supplied or sold, and to transport it to such place and within such time as may be specified in the notice.
.
7
In paragraph (3) of article 16 the phrase “paragraph (1), (2) or (2A)” is substituted for the phrase “paragraph (1) or (2)”.
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
17th March 1999
Calum MacDonald
Parliamentary Under Secretary of State, Scottish Office
17th March 1999
Signed by authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under Secretary of State, Welsh Office
22nd March 1999


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


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Home Repair Assistance (Extension) (England) Regulations 1999 and shall come into force on 17th November 1999.
2
These Regulations extend to England only.
Extension of home repair assistance
2
The availability of home repair assistance shall be extended by treating income-based jobseeker’s allowance as one of the benefits listed in subsection (1)(e) of section 77 (entitlement to home repair assistance) of the Housing Grants, Construction and Regeneration Act 1996.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Nick Raynsford
Minister of State,
Department for the Environment, Transport and the Regions
6th October 1999


text:
Citation and commencement
1
These Regulations may be cited as the Occupational Pension Schemes (Investment, and Assignment, Forfeiture, Bankruptcy etc.) Amendment Regulations 1999 and shall come into force —
a
except for the purposes of regulation 2(4), on 9 August 1999; and
b
for the purposes of regulation 2(4), on 3 July 2000.
Amendment of the Occupational Pension Schemes (Investment) Regulations 1996
2
1
The Occupational Pension Schemes (Investment) Regulations 1996 shall have effect with the following amendments.
2
In regulation 2(2) (schemes to which regulation 5 does not apply) for sub-paragraph (a) substitute —
a
in which each of the members is a trustee of the scheme;
.
3
In regulation 6 (investments to which restrictions do not apply) —
a
in paragraph (8) —
i
after sub-paragraph (d) delete “and”; and
ii
after sub-paragraph (e) insert —
and
f
the loan was made and the security given before 9 August 1999.
;
b
after paragraph (8) insert —
8A
This regulation applies to any security given over a policy of insurance to secure obligations of the employer, or of any person who is connected with, or an associate of, the employer, where —
a
the scheme provides benefits for any director of a company which is the employer;
b
the policy is specifically allocated to the provision of benefits under the scheme for that director;
c
the policy concerned is effected with an insurance company such as is mentioned in paragraph (2)(b)(i), (ii) or (iii) and the obligations secured are to the same insurance company;
d
Inland Revenue requirements concerning the loan and the giving of the security have been satisfied; and
e
the director mentioned in sub-paragraph (b) has agreed in writing to the security being given.
.
4
In Part III —
a
in the heading to that Part delete “EXEMPTIONS FROM AND MODIFICATION OF REQUIREMENT TO OBTAIN”;
b
after regulation 11 insert —
Additional content of statement of investment principles
11A
The matters prescribed for the purposes of section 35(3)(f) of the 1995 Act (other matters on which trustees must state their policy in their statement of investment principles) are —
a
the extent (if at all) to which social, environmental or ethical considerations are taken into account in the selection, retention and realisation of investments; and
b
their policy (if any) in relation to the exercise of the rights (including voting rights) attaching to investments.
.
Amendment of the Occupational Pension Schemes (Assignment, Forfeiture, Bankruptcy etc.) Regulations 1997
3
1
The Occupational Pension Schemes (Assignment, Forfeiture, Bankruptcy etc.) Regula tions 1997 shall have effect with the following amendments.
2
In regulation 8(1) (exemptions from the inalienability and forfeiture provisions) —
a
delete “or wish to make”;
b
for “section 91(1)(b)” substitute “section 91(1)”;
c
for “prevent the directors' interest” to the end substitute —
prevent enforcement of the security referred to in sub-paragraph (b) of that regulation 6(8).
.
3
After regulation 8(1) insert —
1A
If a scheme is one the trustees of which have given or wish to give security in respect of which the conditions of regulation 6(8A) of the Occupational Pension Schemes (Investment) Regulations 1996 are met (investments to which restrictions do not apply), section 91(1) of the 1995 Act shall not apply to the extent that it would prevent that security being given or enforced.
.
Signed by authority of the Secretary of State for Social Security.
Stephen C. Timms
Minister of State,
Department of Social Security
29 June 1999


text:
PART I
PRELIMINARY
Citation and commencement
1
This Order may be cited as the Railtrack (Leeds Bridges) Order 1999 and shall come into force on 20th August 1999.
Interpretation
2
1
In this Order–
“the 1961 Act ” means the Land Compensation Act 1961 ;
“the 1965 Act ” means the Compulsory Purchase Act 1965 ;
“the Applications Rules ” means the Transport and Works (Applications and Objections Procedure) Rules 1992, and references in this Order to numbered rules are to the Applications Rules bearing those numbers;
“authorised works” means the scheduled works and any other works authorised by this Order;
“the book of reference” means the book of reference described in rule 7(5) certified by the Secretary of State as the book of reference for the purposes of this Order;
“carriageway”, “footpath”, “highway” and “highway authority” have the same meaning as in the Highways Act 1980 ;
“the deposited plans” means the plans prepared in pursuance of rule 7(1) and (3) certified by the Secretary of State as the deposited plans for the purposes of this Order and references to land shown on those plans are references to land so shown in pursuance of rule 7(3);
“the deposited sections” means the sections described in rule 7(2) certified by the Secretary of State as the deposited sections for the purposes of this Order;
“enactment” includes any order, byelaw, rule, regulation, scheme or other instrument having effect by virtue of an enactment;
“the limits of deviation”, in relation to a work, means the limits of deviation related to that work which are shown on the deposited plans;
“the limits of land to be temporarily used” means the limits of land to be temporarily used which are shown on the deposited plans;
“maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace; and “maintenance” shall be construed accordingly;
“the Order limits” means any of the limits of deviation or the limits of land to be temporarily used;
“owner”, in relation to land, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of land (whether in possession or reversion) and includes a person holding, or entitled to the rents and profits of, the land under a lease or tenancy having an unexpired term exceeding 3 years;
“ Railtrack ” means Railtrack PLC ;
“the scheduled works” means the works specified in Schedule 1 to this Order;
“street” includes part of a street;
“street authority”, in relation to a street, has the same meaning as in Part III of the Street Works Act ;
“the Street Works Act” means the New Roads and Street Works Act 1991 ; and
“ the tribunal ” means the Lands Tribunal.
2
References in this Order to rights over land include references to rights to do, or to place and maintain, anything in or on land or in the air space over its surface.
3
All directions, distances, lengths and points stated in any description of works, powers or lands shall be construed as if the words “or thereabouts” were inserted after each such direction, distance, length and point.
4
Any reference in this Order to a work identified by the number of the work shall be construed as a reference to the work of that number authorised by this Order.
5
References in this Order to points identified by letters shall be construed as references to the points so lettered on the deposited plans.
Incorporation of Railways Clauses Consolidation Act 1845
3
1
The following provisions of the Railways Clauses Consolidation Act 1845 shall be incorporated in this Order–
section 24 (obstructing construction of railway), subject to the modification in paragraph (3) below;
section 58 (company to repair roads used by them), except for the words from “and if any question” to the end;
section 68 (accommodation works by company);
section 71 (additional accommodation works by owners), except for the words “or directed by such justices to be made by the company” and “or, in case of difference, as shall be authorised by two justices”;
sections 72 and 73 (supplementary provisions relating to accommodation works);
section 77 (presumption that minerals excepted from acquisition of land);
sections 78 to 85E and Schedules 1 to 3 (minerals under railways), as respectively substituted and inserted by section 15 of the Mines (Working Facilities and Support) Act 1923 ;
section 145 (recovery of penalties); and
section 154 (transient offenders).
2
In those provisions, as incorporated in this Order–
“the company” means Railtrack;
“prescribed”, in relation to any such provision, means prescribed by this Order for the purposes of that provision;
“the special Act ” means this Order.
3
Section 24 of the said Act of 1845, as incorporated in this Order, shall have effect as if the maximum fine which may be imposed on summary conviction of an offence under that section were instead of a fine not exceeding level 2 on the standard scale, a fine not exceeding level 3 on the standard scale.
PART II
WORKS
Principal powers
Power to construct and maintain scheduled works
4
1
Railtrack may construct and maintain the scheduled works.
2
Subject to article 6 below, the scheduled works shall be constructed in the lines or situations shown on the deposited plans and in accordance with the levels shown on the deposited sections.
Power to construct and maintain ancillary works
5
1
Railtrack may, within the limits of deviation for the scheduled works, do such of the following as may be necessary or expedient for the purposes of, in connection with or in consequence of, the construction of the scheduled works, namely–
a
make, provide and maintain all such approaches, bridges, ramps, means of access, shafts and stagings as Railtrack thinks fit,
b
make junctions and communications (including the provision of steps or ramps for the use of persons on foot) with any highway or access way intersected or interfered with by, or contiguous to, any of those works, and widen or alter any highway or access way for the purpose of connecting it with any of those works or another highway, or of crossing under or over the highway or access way,
c
construct, provide and maintain all such embankments, aprons, abutments, retaining walls, wing walls, culverts and other works as may be necessary or convenient,
d
alter or remove any structure erected upon any highway or adjoining land,
e
alter the position of apparatus, including mains, sewers, drains and cables,
f
alter the course of, or otherwise interfere with, non-navigable rivers, streams or watercourses, and
g
carry out and maintain such other works, of whatever description, as may be necessary or expedient.
2
Any power authorised by paragraph (1)(b) above which affects a highway shall not be exercised without the written consent of the relevant highway authority, but such consent shall not be unreasonably withheld.
3
Railtrack may within the Order limits–
a
carry out and maintain landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the authorised works, and
b
carry out and maintain works for the benefit or protection of land affected by the authorised works.
Power to deviate
6
In constructing or maintaining any scheduled work, Railtrack may–
a
deviate laterally from the lines or situations shown on the deposited plans within the limits of deviation for that work so shown, and
b
deviate vertically from the levels shown on the deposited sections to any extent not exceeding–
i
three metres upwards, or
ii
one metre downwards.
Streets
Power to execute street works
7
1
Railtrack may, for the purposes of the authorised works, enter upon so much of the street specified in Schedule 2 to this Order as is within the Order limits and may–
a
place apparatus in the street,
b
maintain apparatus in the street or change its position, and
c
execute any works required for or incidental to the authorised works or any works referred to in sub-paragraphs (a) and (b) above (including, in particular, breaking up or opening the street, or any sewer, drain or tunnel under it, or tunnelling or boring under the street).
2
In this article “apparatus” has the same meaning as in Part III of the Street Works Act.
Permanent stopping up of street
8
1
Subject to the provisions of this article, Railtrack may, in connection with the construction of the authorised works, permanently stop up the street specified in columns (1) and (2) of Schedule 3 to this Order to the extent specified in column (3) of that Schedule.
2
The new street to be substituted for the street to be stopped up under this article, and which is specified in column (4) of that Schedule, shall be completed to the reasonable satisfaction of the street authority and open for public use within three months after all bridge girders have been replaced in connection with Work No. 3.
3
Any person who suffers loss by the extinguishment of any private right of way under this article shall be entitled to compensation to be determined, in case of dispute, under Part I of the 1961 Act.
4
This article is subject to paragraph 2 of Schedule 6 to this Order.
Temporary stopping up of streets
9
1
Railtrack, during and for the purposes of the execution of the authorised works, may temporarily stop up, alter or divert any street and may for any reasonable time–
a
divert the traffic from the street, and
b
subject to paragraph (3) below, prevent all persons from passing along the street.
2
Without prejudice to the generality of paragraph (1) above, Railtrack may use any street stopped up under the powers of this article as a temporary working site.
3
Railtrack shall provide reasonable access for pedestrians going to or from premises abutting on a street affected by the exercise of the powers conferred by this article, if there would otherwise be no such access.
4
Railtrack shall not exercise the powers of this article without the consent of the street authority, but such consent shall not be unreasonably withheld.
5
The provisions of the Street Works Act mentioned in paragraph (6) below and any regulations made, or code of practice issued or approved under, those provisions shall apply (with the necessary modifications) in relation to the stopping up, alteration or diversion of a street by Railtrack under the powers conferred by this article where no street works are executed in that street as they would apply if the stopping up, alteration or diversion were occasioned by street works executed in that street by Railtrack.
6
The provisions of the Street Works Act referred to in paragraph (5) above are–
section 54 (advance notice of certain works);
section 55 (notice of starting date of works);
section 59 (general duty of street authority to co-ordinate works);
section 60 (general duty of undertakers to co-operate);
section 69 (works likely to affect other apparatus in the street);
section 76 (liability for cost of temporary traffic regulation);
section 77 (liability for cost of use of alternative route);
and all such other provisions as apply for the purposes of the provisions mentioned above.
7
Any person who suffers loss by the suspension of a private right of way under this article shall be entitled to compensation to be determined, in case of dispute, under Part I of the 1961 Act.
8
The exercise of powers under this article is subject to paragraph 1(6) of Part IV of Schedule 7 to this Order.
Agreements with street authorities
10
1
A street authority and Railtrack may enter into agreements with respect to–
a
the maintenance of the structure of any bridge carrying a street over a railway,
b
any stopping up, alteration or diversion of a street under the powers conferred by this Order, or
c
the execution in the street of any of the works referred to in article 7(1) above.
2
Such an agreement may, without prejudice to the generality of paragraph (1) above–
a
make provision for the street authority to carry out any function under this Order which relates to the street in question, and
b
contain such terms as to payment and otherwise as the parties consider appropriate.
Supplemental powers
Discharge of water
11
1
Railtrack may use any watercourse or any public sewer or drain for the drainage of water in connection with the construction or maintenance of the authorised works and for that purpose may lay down, take up and alter pipes and may, on any land within the Order limits, make openings into, and connections with, the watercourse, sewer or drain.
2
Railtrack shall not discharge any water into any watercourse, public sewer or drain except with the consent of the authority to which it belongs; and such consent may be given subject to such terms and conditions as the authority may reasonably impose but shall not be unreasonably withheld.
3
Railtrack shall not make any opening into any public sewer or drain except in accordance with plans approved by, and under the superintendence (if provided) of, the authority to which the sewer of drain belongs, but such approval shall not be unreasonably withheld.
4
Railtrack shall not, in the exercise of the powers conferred by this article, damage or interfere with the bed or banks of any watercourse forming part of a main river.
5
Railtrack shall take such steps as are reasonably practicable to secure that any water discharged into a watercourse or public sewer or drain under the powers conferred by this article is as free as may be practicable from gravel, soil or other solid substance or oil or matter in suspension.
6
This article does not authorise the entry into controlled waters of any matter whose entry or discharge into controlled waters is prohibited by section 85(1), (2) or (3) of the Water Resources Act 1991 .
7
In this article–
a
“public sewer or drain” means a sewer or drain which belongs to a sewerage undertaker, the Environment Agency, an internal drainage board, a local authority or a joint planning board,
b
“watercourse” includes all rivers, streams, ditches, drains, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain, and
c
other expressions used both in this article and in the Water Resources Act 1991 have the same meaning as in that Act.
PART III
ACQUISITION AND POSSESSION OF LAND
Powers of acquisition
Power to acquire land
12
Railtrack may acquire compulsorily so much of the land shown on the deposited plans within the limits of deviation for the scheduled works shown on those plans and described in the book of reference as may be required for or in connection with the authorised works, and may use any land so acquired for those purposes or for any other purposes connected with or ancillary to its railway undertaking.
Application of Part I of Compulsory Purchase Act 1965
13
1
Part I of the 1965 Act, insofar as not modified by or inconsistent with the provisions of this Order, shall apply to the acquisition of land under this Order–
a
as it applies to a compulsory purchase to which the Acquisition of Land Act 1981 applies, and
b
as if this Order were a compulsory purchase order under that Act.
2
Part I of the 1965 Act, as so applied, shall have effect as if–
a
section 4 (which provides a time limit for compulsory purchase of land) and paragraph 3(3) of Schedule 3 (which makes provisions as to the giving of bonds) were omitted, and
b
in section 11(1) (which confers powers to enter on and to take possession of land subject to a notice to treat on giving not less than 14 days' notice) for the reference to 14 days' notice there were substituted–
i
in a case where the notice to treat relates only to the acquisition of subsoil or the acquisition of an easement or other right over the land, a reference to notice of one month, or
ii
in any other case, a reference to notice of 3 months.
Power to acquire new rights
14
1
Railtrack may compulsorily acquire such easements or other rights over any land referred to in article 12 above as may be required for any purpose for which that land may be acquired under that provision, by creating them as well as by acquiring easements or other rights already in existence.
2
Subject to section 8 of the 1965 Act (as substituted by paragraph 5 of Schedule 4 to this Order), where Railtrack acquires a right over land under paragraph (1) above it shall not be required to acquire a greater interest in it.
3
Schedule 4 to this Order shall have effect for the purpose of modifying the enactments relating to compensation and the provisions of the 1965 Act in their application in relation to the compulsory acquisition under this article of a right over land by the creation of a new right.
4
In relation to land to which this paragraph applies, article 12 above, so far as relating to the acquisition or creation of easements or other rights by virtue of paragraph (1) above, shall be treated as also authorising acquisition by a statutory utility in any case where the Secretary of State gives his consent in writing.
5
Paragraph (4) above applies to land within the Order limits which is or will be required for use in relocating any apparatus which it is expedient to divert or replace in consequence of the carrying out of the works authorised by this Order; and in that paragraph “statutory utility” means a licence holder within the meaning of Part I of the Electricity Act 1989 , a public gas transporter within the meaning of Part I of the Gas Act 1986 , a water undertaker within the meaning of the Water Industry Act 1991 , a sewerage undertaker within Part I of that Act and any local authority which is a relevant authority for the purposes of section 97 of that Act.
Power to acquire subsoil only
15
1
Railtrack may compulsorily acquire so much of the subsoil of the land referred to in article 12 above as may be required for any purpose for which that land may be acquired under that provision instead of acquiring the whole of the land.
2
Where Railtrack acquires any part of the subsoil of land under paragraph (1) above it shall not be required to acquire an interest in any other part of the land.
3
Paragraph (2) above shall not prevent article 19 below from applying where Railtrack acquires a cellar, vault, arch or other construction forming part of a house, building or factory.
Rights under or over streets
16
1
Railtrack may enter upon and appropriate so much of the subsoil of, or air-space over, any street within the Order limits as may be required for the purposes of the authorised works and may use such subsoil or air-space for those purposes or any other purpose connected with or ancillary to its railway undertaking.
2
The power under paragraph (1) above may be exercised in relation to a street without Railtrack being required to acquire any part of the street or any easement or right in the street.
3
Railtrack shall not be required to pay any compensation for the exercise of the powers conferred by paragraph (1) above where the street is a highway; but where the street is not a highway any person suffering loss by the entry upon and appropriation of such subsoil shall be entitled to compensation to be determined, in case of dispute, under Part I of the 1961 Act.
4
Paragraphs (2) and (3) above shall not apply in relation to–
a
any subway or underground building, or
b
any cellar, vault, arch or other construction in or on a street which forms part of a building fronting onto the street.
Temporary possession of land
Temporary use of land for construction of works
17
1
Railtrack may, in connection with the carrying out of the authorised works–
a
enter upon and take temporary possession of the land specified in columns (1) and (2) of Schedule 5 to this Order for the purpose specified in relation to that land in column (3) of that Schedule relating to the authorised work so specified in column (4) of that Schedule,
b
remove any buildings and vegetation from that land, and
c
construct temporary works (including the provision of means of access) and buildings on the land.
2
Not less than 28 days before entering upon and taking temporary possession of land under this article Railtrack shall serve notice of the intended entry on the owners and occupiers of the land.
3
Railtrack may not, without the agreement of the owners of the land, remain in possession of any land under this article after the end of the period of one year beginning with the date of completion of the work or works specified in relation to that land in column (4) of Schedule 5 to this Order.
4
Before giving up possession of land of which temporary possession has been taken under this article, Railtrack shall remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land; but Railtrack shall not be required to replace a building removed under this article.
5
Railtrack shall pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the powers conferred by this article.
6
Any dispute as to a person’s entitlement to compensation under paragraph (5) above, or as to the amount of the compensation, shall be determined under Part I of the 1961 Act.
7
Without prejudice to article 29 below, nothing in this article shall affect any liability to pay compensation under section 10(2) of the 1965 Act or under any other enactment in respect of loss or damage arising from the execution of any works, other than loss or damage for which compensation is payable under paragraph (5) above.
8
The powers of compulsory acquisition of land conferred by this Order shall not apply in relation to the land referred to in paragraph (1) above except that Railtrack shall not be precluded from–
a
acquiring new rights over any part of that land under article 14 above, or
b
acquiring any part of the subsoil (or rights in the subsoil) of that land under article 15 above.
9
Where Railtrack takes possession of land under this article, it shall not be required to acquire the land or any interest in it.
10
In this article “building” includes structure or any other erection.
Compensation
Disregard of certain interests and improvements
18
1
In assessing the compensation (if any) payable to any person on the acquisition from him of any land under this Order, the tribunal shall not take account–
a
any interest in land, or
b
any enhancement of the value of any interest in land by reason of any building erected, works executed or improvement or alteration made on relevant land,
if the tribunal is satisfied that the creation of the interest, the erection of the building, the execution of the works or the making of the improvement or alteration was not reasonably necessary and was undertaken with a view to obtaining compensation or increased compensation.
2
In paragraph (1) above “relevant land” means the land acquired from the person concerned or any other land with which he is, or was at the time when the building was erected, the works executed or the improvement or alteration made, directly or indirectly concerned.
Supplementary
Acquisition of part only of certain properties
19
1
This article shall apply instead of section 8(1) of the 1965 Act (as applied by article 13 above) in any case where–
a
a notice to treat is served on a person (“the owner”) under the 1965 Act (as so applied) in respect of land forming only part of a house, building or factory or of land consisting of a house with a park or garden (“the land subject to the notice to treat”), and
b
a copy of this article is served on the owner with the notice to treat.
2
In such a case, the owner may, within the period of 21 days beginning with the day on which the notice was served, serve on Railtrack a counter-notice objecting to the sale of the land subject to the notice to treat and stating that he is willing and able to sell the whole (“the land subject to the counter-notice”).
3
If no such counter-notice is served within that period, the owner shall be required to sell the land subject to the notice to treat.
4
If such a counter-notice is served within that period, the question whether the owner shall be required to sell only the land subject to the notice to treat shall, unless Railtrack agrees to take the land subject to the counter-notice, be referred to the tribunal.
5
If on such a reference the tribunal determine that the land subject to the notice to treat can be taken–
a
without material detriment to the remainder of the land subject to the counter-notice, or
b
in the case of part of land consisting of a house with a park or garden, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house,
the owner shall be required to sell the land subject to the notice to treat.
6
If on such a reference the tribunal determine that only part of the land subject to the notice to treat can be taken–
a
without material detriment to the remainder of the land subject to the counter-notice, or
b
in the case of part of land consisting of a house with a park or garden, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house,
the notice to treat shall be deemed to be a notice to treat for that part.
7
If on such a reference the tribunal determine that–
a
the land subject to the notice to treat cannot be taken without material detriment to the remainder of the land subject to the counter-notice, but
b
the material detriment is confined to a part of the land subject to the counter-notice,
the notice to treat shall be deemed to be a notice to treat for the land to which the material detriment is confined in addition to the land already subject to the notice, whether or not the additional land is land which Railtrack is authorised to acquire compulsorily under this Order.
8
If Railtrack agrees to take the land subject to the counter-notice, or if the tribunal determine that–
a
none of the land subject to the notice to treat can be taken without material detriment to the remainder of the land subject to the counter-notice or, as the case may be, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house, and
b
that the material detriment is not confined to a part of the land subject to the counter-notice, the notice to treat shall be deemed to be a notice to treat for the land subject to the counter-notice whether or not the whole of that land is land which Railtrack is authorised to acquire compulsorily under this Order.
9
In any case where by virtue of a determination by the tribunal under this article a notice to treat is deemed to be a notice to treat for less land or more land than that specified in the notice, Railtrack may, within the period of 6 weeks beginning with the day on which the determination is made, withdraw the notice to treat; and if it does so shall pay to the owner compensation for any loss or expense occasioned to him by the giving and withdrawal of the notice, to be determined in case of dispute by the tribunal.
10
Where the owner is required under this article to sell only part of a house, building or factory or of land consisting of a house with a park or garden, Railtrack shall pay him compensation for any loss sustained by him due to the severance of that part in addition to the value of the interest acquired.
Extinction or suspension of private rights of way
20
1
All private rights of way over land subject to compulsory acquisition under this Order shall be extinguished–
a
as from the acquisition of the land by Railtrack, whether compulsorily or by agreement, or
b
on the entry on the land by Railtrack under section 11(1) of the 1965 Act,
whichever is sooner.
2
All private rights of way over land of which Railtrack takes temporary possession under this Order shall be suspended and unenforceable for as long as Railtrack remains in lawful possession of the land.
3
Any person who suffers loss by the extinguishment or suspension of any private right of way under this article shall be entitled to compensation to be determined, in case of dispute, under Part I of the 1961 Act.
4
This article does not apply in relation to any right of way to which section 271 or 272 of the Town and Country Planning Act 1990 (extinguishment of rights of statutory undertakers etc. ) or paragraph 2 of Schedule 6 to this Order applies.
Time limit for exercise of powers of acquisition
21
1
The powers conferred by this Order to acquire land or rights over land compulsorily, and the power conferred by article 17 above to enter upon and take temporary possession of land, shall cease at the end of the period of 5 years beginning on the day on which this Order comes into force.
2
Paragraph (1) above shall not prevent Railtrack remaining in possession of land in accordance with article 17 above after the end of that period, if the land was entered and possession of it was taken before the end of that period.
PART IV
MISCELLANEOUS AND GENERAL
Noise
Control of construction sites: appeals
22
Sections 60 (control of noise on construction sites) and 61 (prior consent for work on construction sites) of the Control of Pollution Act 1974 shall have effect, in relation to works carried out in exercise of the powers conferred by this Order, as if in subsection (7) of each section (appeal against failure to give consent or the giving of qualified consent) for the words “a magistrates' court” there were substituted the words “the Secretary of State”.
Defence to proceedings in respect of statutory nuisance
23
1
Where proceedings are brought under section 82(1) of the Environmental Protection Act 1990 (summary proceedings by person aggrieved by statutory nuisances) in relation to a nuisance falling within paragraph (g) of section 79(1) of that Act (noise emitted from premises so as to be prejudicial to health or a nuisance) no order shall be made, and no fine may be imposed, under section 82(2) of that Act if the defendant shows–
a
that the nuisance relates to premises used by Railtrack for the purposes of or in connection with the exercise of the powers conferred by this Order with respect to works, and
b
that the nuisance is attributable to the carrying out of works which are being carried out in accordance with a notice served under section 60, of the Control of Pollution Act 1974 or a consent given under section 61 or 65, of that Act.
2
The following provisions of the Control of Pollution Act 1974, namely–
a
section 61(9) (consent for work on construction site to include statement that it does not of itself constitute a defence to proceedings under section 82 of the Environmental Protection Act 1990), and
b
section 65(8) (corresponding provision in relation to consent for registered noise level to be exceeded),
shall not apply where the consent relates to the use of premises by Railtrack for the purposes of or in connection with the exercise of the powers conferred by this Order with respect to works.
Miscellaneous
Certain land to be treated as operational land
24
Planning permission which is deemed by a direction under section 90(2A) of the Town and Country Planning Act 1990 to be granted in relation to works authorised by this Order shall be treated as specific planning permission for the purposes of section 264(3)(a) of that Act (cases in which land is to be treated as operational land for the purposes of that Act).
Statutory undertakers, etc.
25
The provisions of Schedule 6 to this Order shall have effect.
Protective provisions
26
The provisions of Schedule 7 to this Order shall have effect.
Certification of plans, etc.
27
Railtrack shall, as soon as practicable after the making of this Order, submit copies of the book of reference, the deposited sections and the deposited plans to the Secretary of State for certification that they are true copies, respectively, of the book of reference, deposited sections and deposited plans referred to in this Order; and a document so certified shall be admissible in any proceedings as evidence of the contents of the document of which it is a copy.
Service of notices
28
1
A notice or other document required or authorised to be served for the purposes of this Order may be served by post.
2
Where the person on whom a notice or other document to be served for the purposes of this Order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body.
3
For the purposes of section 7 of the Interpretation Act 1978 as it applies for the purposes of this article, the proper address of any person in relation to the service on him of a notice or document under paragraph (1) above, if he has given an address for service, that address, and otherwise–
a
in the case of the secretary or clerk of a body corporate, the registered or principal office of that body, and
b
in any other case, his last known address at the time of service.
4
Where for the purposes of this Order a notice or other document is required or authorised to be served on a person as having any interest in, or as the occupier of, land and his name or address cannot be ascertained after reasonable enquiry, the notice may be served by–
a
addressing it to him by name or by the description of “owner”, or as the case may be “occupier”, of the land (describing it), and
b
either leaving it in the hands of a person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land.
5
This article shall not be taken to exclude the employment of any method of service not expressly provided for by it.
No double recovery
29
Compensation shall not be payable in respect of the same matter both under this Order and under any other enactment, any contract or any rule of law.
Arbitration
30
Any difference under any provision of this Order (other than a difference which falls to be determined by the tribunal) shall be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after notice in writing to the other) by the President of the Institution of Civil Engineers.
Repeals
31
The enactment specified in Schedule 8 to this Order is hereby repealed to the extent specified in the third column of that Schedule.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
A S D Whybrow
Head of Charging and Local Transport Division,
Department of the Environment, Transport and the Regions
30th July 1999


text:
1
This Scheme may be cited as the A1 Motorway (Ferrybridge to Hook Moor Section and Connecting Roads) Scheme 1999 and shall come into force on 26 August 1999.
2
In this Scheme:
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“connecting roads” means a special road along a route described in Schedule 2 to this Scheme;
ii
“ the Motorway ” means a special road along the route described in Schedule 1 to this Scheme;
iii
“the plan” means the plans numbered 1 and 2 contained in the plan folio numbered HA16 YHCPD 17, marked “The A1 Motorway (Ferrybridge to Hook Moor Section and Connecting Roads) Scheme 1999”, signed by authority of the Secretary of State for the Environment, Transport and the Regions and deposited at the Department of the Environment, Transport and the Regions, Great Minster House, 76 Marsham Street, London SW1P 4DR; and
iv
“the special roads” means the Motorway and each connecting road.
v
“the A1 ” means the A1 Trunk Road.
3
The Secretary of State is authorised to provide the special roads for the exclusive use of traffic of Classes I and II of the classes of traffic set out in Schedule 4 to the Highways Act 1980.
4
The centre line of each of the special roads is indicated by a heavy black line on the plans.
5
Each of the special roads shall become a trunk road on the date when this Scheme comes into force.
6
The Secretary of State is authorised to construct the bridge specified in Schedule 3 to this Scheme as part of the Motorway.
Signed by authority of the Secretary of Statefor the Environment, Transport and the Regions
Derek Oddy
Divisional Director The Highways Agency
23 July 1999


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Personal and Occupational Pension Schemes (Miscellaneous Amendments) Regulations 1999 and shall come into force on 30th December 1999.
2
In these Regulations, “the Disclosure Regulations ” means the Occupational Pension Schemes (Disclosure of Information) Regulations 1996 .
Amendment of the Contracting-out (Transfer and Transfer Payment) Regulations 1996
2
In the Contracting-out (Transfer and Transfer Payment) Regulations 1996 in regulation 1(2) (interpretation) in the definition of “section 9(2B) rights”, in paragraph (b)(ii) delete “contracted-out”.
Amendment of the Occupational Pension Schemes (Contracting-out) Regulations 1996
3
1
The Occupational Pension Schemes (Contracting-out) Regulations 1996 shall have effect with the following amendments.
2
In regulation 1(2) (interpretation)–
a
in the definition of “overseas scheme” after “the United Kingdom” insert “; but does not include a scheme which is contracted-out in the Isle of Man by virtue of satisfying section 9(2) or (3) of the 1993 Act as it has effect in the Isle of Man ”;
b
in the definition of “section 9(2B) rights”, in paragraph (b)(ii) delete “contracted-out”.
3
In regulation 12 (special provision for holding companies and subsidiaries) in paragraph (2)(c) for “an employer in the scheme which is” substitute “a body corporate which is an employer in the scheme and is”.
4
In regulation 48 (special provision for overseas schemes) in paragraph (7) for “any members who are resident in Great Britain” substitute “rights which have accrued as a result of contracted-out employment in the scheme in Great Britain”.
Amendment of the Occupational Pension Schemes (Deficiency on Winding Up etc. ) Regulations 1996
4
1
The Occupational Pension Schemes (Deficiency on Winding Up etc.) Regulations 1996 shall have effect with the following amendments.
2
In regulation 5(3)(b) (former employers) for “and has been paid before the applicable time;” substitute–
and–
i
has been paid before the applicable time, or
ii
if not so paid, was not so paid solely because he was not notified of the debt, and of the amount of it, sufficiently in advance of the applicable time for it to be paid before the applicable time;
.
3
In regulation 6(2)(b) (ceasing to participate: transitional provision) for “and has been paid before the applicable time;” substitute–
and–
i
has been paid before the applicable time, or
ii
if not so paid, was not so paid solely because he was not notified of the debt, and of the amount of it, sufficiently in advance of the applicable time for it to be paid before the applicable time;
.
Amendment of the Occupational Pension Schemes (Disclosure of Information) Regulations 1996
5
1
The Disclosure Regulations shall have effect with the following amendments.
2
In regulation 5(5) (information to be made available to individuals) for “within 9 months of the end of the first scheme year” to the end substitute “within 12 months of the end of each scheme year.”.
3
In regulation 11(1) (penalties) after “to (12)” insert “, 5(14)”.
4
In paragraph 26 of Schedule 1–
a
after “is available” insert “at any time”;
b
for “in connection with” to the end substitute–
in connection with any–
a
pensions query they may have; or
b
difficulty which they have failed to resolve with the trustees or administrators of the scheme,
and the address at which OPAS may be contacted.
.
Amendment of the Occupational Pension Schemes (Internal Dispute Resolution Procedures) Regulations 1996
6
1
The Occupational Pension Schemes (Internal Dispute Resolution Procedures) Regulations 1996 shall have effect with the following amendments.
2
In regulation 5(2) (notice of a decision)–
a
after sub-paragraph (c) delete “and”;
b
after sub-paragraph (d) insert–
and
e
a statement that OPAS (The Pensions Advisory Service) is available to assist members and beneficiaries of the scheme in connection with any difficulty with the scheme which remains unresolved and the address at which OPAS may be contacted.
.
3
In regulation 7(2)(d) (notice of decision from trustees or managers)–
a
for “difficulties” to “scheme” substitute “any difficulty with the scheme which remains unresolved”;
b
for “it” substitute “OPAS”.
Amendment of the Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996
7
1
The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996 shall have effect with the following amendments.
2
In regulation 2(1) (general interpretation) in the definition of “relevant self-administered scheme”–
a
in paragraph (b)–
i
for “satisfies paragraph (b)” substitute “satisfies paragraphs (b) and (c)”;
ii
after “Taxes Act” insert “, or”;
b
after paragraph (b) insert–
c
a scheme which satisfies paragraphs (b) and (c) of that definition and, if it satisfied paragraph (a) of that definition, would be a scheme which the Commissioners of Inland Revenue would not have been prohibited from approving under section 591 of the Taxes Act before 7th April 1998 ;
.
3
In regulation 10(2)(a) (time limits for making alternative arrangements under section 17) for “the alternative arrangements are approved” substitute “the employer gives notice to the trustees under regulation 9(1)(b)(ii) in respect of the approval of the arrangements”.
4
In regulation 16(2)(a) (time limits for making alternative arrangements under section 19) for “the alternative arrangements are approved” substitute “the employer gives notice to the company under regulation 15(1)(b)(ii) in respect of the approval of the arrangements”.
5
In Schedule 3 (Modifications of Pensions Act 1995 and these Regulations)–
a
in paragraph 2(4) for “regulation 10(2)(b)(i)” substitute “regulation 10(2)(a) and (b)(i)”;
b
in paragraph 3(4) for “regulation 16(2)(b)(i)” substitute “regulation 16(2)(a) and (b)(i)”.
Amendment of the Occupational Pension Schemes (Minimum Funding Requirement and Actuarial Valuations) Regulations 1996
8
1
The Occupational Pension Schemes (Minimum Funding Requirement and Actuarial Valuations) Regulations 1996 shall have effect with the following amendments.
2
In regulation 16(2) (periods covered by schedules of contributions) after “effective date” insert “, or the date on which the rates of contributions shown in the schedule are certified,”.
3
In regulation 23 (failure to pay contributions due under schedule of contributions)–
a
in paragraph (1)(a) before “must be given to the Authority” insert “subject to paragraph (1A),”;
b
after paragraph (1) insert–
1A
No notice need be given under paragraph (1)(a) if–
a
payment has been made before the end of the period of 10 days beginning with the due date; and
b
the default is only the first or second such default in the period of twelve months ending on and including the due date.
;
c
in paragraph (3) for “for the purposes of paragraphs (1) and (2)” substitute “for the purposes of paragraphs (1) to (2)”.
Amendment of the Occupational Pension Schemes (Modification of Schemes) Regulations 1996
9
1
The Occupational Pension Schemes (Modification of Schemes) Regulations 1996 shall have effect with the following amendments.
2
In regulation 1(2) (interpretation)–
a
before the definition of “the 1995 Act” insert ““the 1993 Act ” means the Pension Schemes Act 1993 ;”;
b
in the definition of “public service pension scheme” for “the Pension Schemes Act 1993” substitute “the 1993 Act”.
3
For regulation 6 (exemption from the restriction on powers to modify schemes) substitute–
6
1
For the purposes of section 67(5) of the 1995 Act (restriction on the power to modify does not apply to the exercise of a power in a prescribed manner) the prescribed manners are–
a
subject to paragraph (2), any alteration to scheme rules to provide, or make further or different provision, for an entitlement or accrued right to a pension under an occupational pension scheme–
i
to be assigned, commuted or surrendered,
ii
to be charged or to have a lien exercised in respect of it,
iii
to have a set-off exercised in respect of it,
iv
to be forfeited;
b
any alteration to scheme rules to provide, or make further or different provision, under section 73(2)(a)(i), by virtue of section 73(4)(b), of the 1993 Act for a transfer of accrued rights, where the alteration results in a provision which is expressed in the scheme rules to be conditional upon compliance with regulation 12 of the Occupational Pension Schemes (Preservation of Benefit) Regulations 1991 (transfer of member’s accrued rights without consent);
c
in the case of a trust scheme, any alteration to scheme rules, or (for the avoidance of doubt) to practice under the scheme, or to both, to provide for the revaluation of earnings factors for the purposes of section 14(2) of the 1993 Act (earner’s guaranteed minimum) in accordance with section 16(1) or (2) of that Act;
d
an amendment to scheme rules where the amendment is one that the Inland Revenue requires so that the scheme continues to be approved under section 590 or 591 of the Income and Corporation Taxes Act 1988 (conditions for approval of retirement benefit schemes and discretionary approval);
e
in the case of an occupational pension scheme which is not a trust scheme, the exercise of the power by the managers with the member’s consent, except in relation to alterations for the purposes mentioned in sub-paragraphs (a) and (b).
2
An alteration does not fall within paragraph (1)(a) if the transaction provided for (or any part of it) is prohibited by, or by regulations under , any of sections 91 to 94 of the 1995 Act or any other enactment, or by any other rule of law.
.
Amendment of the Occupational Pension Schemes (Scheme Administration) Regulations 1996
10
1
The Occupational Pension Schemes (Scheme Administration) Regulations 1996 shall have effect with the following amendments.
2
For regulation 5(10) (manner and terms of appointment and removal of professional advisers) substitute–
10
Where a statement or declaration is made in accordance with paragraph (4) or (7), the trustees or managers shall–
a
furnish the remaining auditor or actuary to the scheme with a copy of the statement or declaration no later than 14 days after the trustees or managers receive it; and
b
furnish the succeeding auditor or actuary with a copy of the statement or declaration–
i
no later than 14 days after the date on which the trustees or managers receive it; or
ii
no later than the date of the succeeding auditor’s or actuary’s appointment, whichever is the later.
.
3
In regulation 11 (exemption from the requirement for money to be kept by the trustees)–
a
in paragraph (1)(a)–
i
for “a separate” substitute “an”;
ii
after “that person” insert “and separate from one held by or on behalf of the employer as employer”;
b
in paragraph (1)(b) for “a separate account” to the end substitute–
an account–
i
kept by them at any of the institutions specified in paragraphs 1 to 6 of Schedule 2 to the Banking Act 1987 ;
ii
separate from one held by or on behalf of the employer as employer; and
iii
in which the money received by them is to be held.
.
4
In regulation 19(1) (requirements which a payment schedule must satisfy) in sub-paragraph (a)–
a
after “amounts” insert “prescribed in regulation 18”;
b
after “year;” insert “and”.
5
In regulation 21 (circumstances where notice of non-payment of any amount payable to a scheme need not be given) insert the following paragraph–
3
Notice need not be given under regulation 20(a) if–
a
payment has been made no later than 10 days after the due date; and
b
the default is only the first or second such default in the period of 12 months ending on and including the due date.
.
Amendment of the Occupational Pension Schemes (Winding Up) Regulations 1996
11
In regulation 3 of the Occupational Pension Schemes (Winding Up) Regulations 1996 (modifications of s.73(3))–
a
in paragraph (1)(c) for “modification” substitute “modifications”;
b
for paragraph (7) substitute–
7
In–
a
section 73(3)(d) after “paragraphs” insert “(aa),”; and
b
the words following section 73(3)(d) for “paragraphs (b) to (d)” substitute “paragraphs (aa) to (d)”.
.
Amendment of the Personal and Occupational Pension Schemes (Protected Rights) Regulations 1996
12
In the Personal and Occupational Pension Schemes (Protected Rights) Regulations 1996 in regulation 1(2) (interpretation) in the definition of “section 9(2B) rights”, in paragraph (b)(ii) delete “contracted-out”.
Amendment of the Protected Rights (Transfer Payment) Regulations 1996
13
In the Protected Rights (Transfer Payment) Regulations 1996 in regulation 1(2) (interpretation) in the definition of “section 9(2B) rights”, in paragraph (b)(ii) delete “contracted-out”.
Amendment of the Occupational Pension Schemes (Discharge of Liability) Regulations 1997
14
1
The Occupational Pension Schemes (Discharge of Liability) Regulations 1997 shall have effect with the following amendments.
2
In regulation 1(2) (interpretation) in the definition of “the 1995 Act” for “Pension” substitute “Pensions”.
3
In regulation 4(1)(b) (conditions on which policies of insurance and annuity contracts may be commuted) for “, and the earner–” to the end substitute–
, and the earner–
i
has attained the age of 50, or
ii
is suffering from an incapacity or serious ill-health prior to normal pension age, and the commutation would not prevent approval of the scheme under section 591 of the Income and Corporation Taxes Act 1988 (discretionary approval), or continuing approval of the scheme under section 590 (conditions for approval of retirement benefit schemes) or 591 of that Act.
.
4
For regulation 11(5) substitute–
5
For the purposes of paragraph 3(d)–
“incapacity” means physical or mental deterioration which is sufficiently serious to prevent a person from following his normal employment or which seriously impairs his earning capacity;
“serious ill-health” has the same meaning as in regulation 4(4).
.
Transitional provision
15
1
Nothing in regulation 5, or in the Disclosure Regulations as amended by regulation 5(4), shall require the information specified in paragraph 26 of Schedule 1 to those Regulations as amended by regulation 5(4) to be supplied to a person or trade union if the condition in paragraph (2) is met.
2
The condition referred to in paragraph (1) is that, at the date of commencement of these Regulations, the information specified in that paragraph 26 as in force immediately prior to commencement of these Regulations has already been supplied to that person or trade union in compliance with regulation 4 or 8, as the case may be, of the Disclosure Regulations in relation to the event or circumstances which would, apart from this regulation, give rise to a requirement for such compliance.
Signed by authority of the Secretary of State for Social Security.
Jeff Rooker
Minister of State,
Department of Social Security
30th November 1999


text:
Citation, commencement and interpretation
1
These rules may be cited as the Land Registration (No. 3) Rules 1999 and shall come into force on 1st April 2000.
Amendments to the Land Registration Rules 1925
2
The Land Registration Rules 1925 have effect subject to the substitution of the following for rule 247–
Value entered on the register
247
On the first registration of land, and on a subsequent change of proprietorship of the land, the registrar shall whenever practicable enter in the register the price paid or value declared but that entry shall only remain until there is a change of proprietorship of the land.
Irvine of Lairg, C
Dated 11th December 1999


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Exmoor) Designation (Amendment) Order 1999 and shall come into force on 15th June 1999.
Interpretation
2
In this Order, “the principal Order ” means the Environmentally Sensitive Areas (Exmoor) Designation Order 1993 .
Amendment of the principal Order
3
In Schedule 2 to the principal Order (management activities), after item 11 there shall be inserted–
a
in column 1–
11A
Management of any kind referred to in items 1 to 11 above in respect of common land.
; and
b
in column 2, “5 (by way of supplement to the appropriate maximum rate)”.
Saving
4
This Order shall not have effect for the purposes of any payment to be made under the principal Order in respect of any period before 1st May 1999.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
12th May 1999
We consent,
Jane Kennedy
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
13th May 1999


text: Citation, commencement and interpretation 1 1 This Order may be cited as the Renfrewshire Healthcare National Health Service Trust (Establishment) Amendment Order 1999 and shall come into force on 25th March 1999. 2 In this Order “the principal Order” means the Renfrewshire Healthcare National Health Service Trust (Establishment) Order 1993 . Amendment of Article 3 of the principal Order 2 For article 3 of the principal Order there shall be substituted the following:– 3 1 The trust is established for the purposes specified in section 12A(1) of the Act . 2 The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health boards) shall be– a to own and manage under section 12A(1)(a) of the Act the hospital establishments or facilities known as Dykebar Hospital and Hawkhead Hospital, both in Paisley, Bridge of Weir Hospital, Merchiston Hospital and Johnstone Hospital, both in Johnstone and Ravenscraig Hospital, Greenock, and establishments associated with those hospitals, including management of the facilities provided at and from those establishments, and also including the management of any teaching and research facilities associated with these establishments and the support services related thereto; and b to provide and manage under section 12A(1)(b) of the Act a new inpatient and day hospital facility on land adjacent to Inverclyde Royal Hospital, Larkfield Road, Greenock. Sam Galbraith Minister for Health Scottish Office St Andrew’s House, Edinburgh 24th March 1999


text:
1
This Order may be cited as the Education (Recognised Bodies) Order 1999 and shall come into force on 5th April 1999.
2
The bodies which are specified in the Schedule to this Order are hereby designated as bodies which appear to the Secretary of State to be recognised bodies.
3
The Education (Recognised Bodies) Order 1997 is hereby revoked.
Tessa Blackstone
Minister of State,
Department for Education and Employment
24th March 1999


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Kent) (Borough of Maidstone) (Amendment) Order 1999 and shall come into force on 16th February 1999.
Preliminary
2
The Road Traffic (Permitted Parking Area and Special Parking Area) (County of Kent) (Borough of Maidstone) Order 1997 shall be amended in accordance with the following provisions of this Order.
Amendment of paragraph 5 of Schedule 3
3
For paragraph 5 of Schedule 3 there shall be substituted–
5
1
Section 73 shall be modified as follows.
2
In subsection (3) paragraphs (b) and (c) shall be omitted.
3
The following subsections shall be inserted after subsection (3)–
3A
A parking adjudicator appointed under subsection (3) of this section is authorised until 4th July 1999 to act as a parking adjudicator in relation to the permitted parking area and the special parking area.
3B
The parking authorities–
a
shall provide or enter into arrangements for the provision of accommodation and administrative staff for parking adjudicators acting in relation to either of those areas by virtue of subsection (3A) above;
b
may enter into arrangements with the Joint Committee appointed under subsection (1) above for the remuneration of such parking adjudicators; and
c
shall determine the places where they are to sit.
3C
Any accommodation provided under subsection (3B)(a) above is to be treated as including the principal office of the adjudicator acting in relation to the permitted parking area or the special parking area.
3D
The functions conferred on the parking authorities by the following provisions of this section shall be discharged by them jointly, in pursuance of arrangements entered into by them and for the time being in force pursuant to section 101(5) of the Local Government Act 1972 , with two or more other authorities (being county or district councils in England or county or county borough councils in Wales) in whose areas permitted parking areas or special parking areas have been designated under Schedule 3 to this Act, and by means of a joint committee of the parking authorities and those other authorities.
3E
References in this section to “the constituent authorities” are to the authorities which are for the time being constituent authorities of the joint committee referred to in subsection (3D) above.
3F
The parking authorities shall–
a
with the consent of the Lord Chancellor appoint persons to act as parking adjudicators for the purposes of this Act (as well as those authorised under subsection (3A) above) in relation to the special parking area and the permitted parking area;
b
provide or secure the provision of accommodation and administrative staff for parking adjudicators so appointed; and
c
determine the places at which such parking adjudicators are to sit.
4
In subsection (5) after the words “the London authorities” there shall be inserted “or, as the case may be, the parking authorities”.
5
After subsection (12) there shall be inserted the following subsection–
12A
Any regulations made under subsection (11) with regard to parking adjudicators acting in relation to London shall apply, with necessary modifications, to the procedure to be followed in relation to proceedings before parking adjudicators who are acting in relation to the special parking area or the permitted parking area under authority conferred by subsection (3A) of this section.
6
In subsection (17) after the words “parking adjudicator” there shall be inserted “appointed by that Committee”.
7
In subsection (18) after the words “the parking adjudicators” there shall be inserted “appointed by that Committee”.
8
After subsection (18) there shall be inserted the following subsections–
19
In accordance with such requirements as may be imposed by the constituent authorities, each parking adjudicator appointed by those authorities shall make an annual report to them on the discharge of his functions.
20
The constituent authorities shall make and publish an annual report in writing to the Secretary of State on the discharge by the parking adjudicators appointed by them of their functions.
Amendment of paragraph 7 of Schedule 1
4
1
Paragraph 7 of Schedule 1 shall be amended as follows.
2
In the definition of “parking authority” in the substituted section 82(1) of the Road Traffic Act 1991 after paragraph (b) there shall be inserted “and references to “the parking authorities” are to the Kent County Council and the Maidstone Borough Council;”.
Signed by authority of the Secretary of State
Glenda Jackson
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
23rd January 1999