text:
1
This Order may be cited as The A12 Trunk Road (Redbridge) Red Route Traffic Order 1999, and shall come into force on 25th October 1999.
Interpretation
2
In this Order —
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route” means the lengths of road specified in column (2) of the table in schedule 1;
f
“vehicle” includes part of a vehicle;
g
an entry in column (3), (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule;
h
“bus” has the meaning given by regulation 22(2) of the Traffic Signs Regulations and General Directions 1994 ;
i
“bus stop” means an area bounded by a traffic sign shown in diagram 1025.1 or 1025.3 in schedule 6 of the Traffic Signs Regulations and General Directions 1994 which includes the words “bus stop”; and
j
“bus stand” means an area bounded by a traffic sign shown in diagram 1025.1 or 1025.3 in schedule 6 of the Traffic Signs Regulations and General Directions 1994 which includes the words “bus stand”.
k
“London Regional Transport” has the meaning given by the London Regional Transport Act 1984 .
l
“pedal cycle” has the same meaning as in regulation 4 of the Traffic Signs Regulations and General Directions 1994.
General prohibition of stopping
3
1
Subject to the provisions of paragraphs (2) and (3) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop in the trunk road red route during the restricted hours.
2
Subject to the provisions of paragraph (3) of this article, and of articles 5(1), 8 and 9, no person shall cause any vehicle to stop at any time in any lengths of the trunk road red route specified in schedule 4.
3
The controls specified in paragraphs (1) and (2) of this article do not apply in respect of any area of the trunk road red route specified in schedule 2A.
4
In this article “the restricted hours” means, in relation to a length of the trunk road red route specified in an item in column (2) of the table in schedule 1, the hours specified in that item in column (3) of that table.
Exemptions for parking
4
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
Miscellaneous exemptions for parking
5
1
Licensed taxi cabs: The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to be parked at the edge of the carriageway on a length of road specified in schedule 2D.
2
Buses: The controls specified in article 3(1) do not apply in respect of a person causing a bus to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2E during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
3
Doctors' vehicles: The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2F during the hours specified in column (3) in that item, provided that —
a
there is displayed in the windscreen of the vehicle a badge issued by, or with the authority of, the Traffic Director for London to a medical practitioner, and which specifies —
i
the name of the person to whom it was issued, and
ii
the premises in relation to which it applies; and
b
the vehicle was parked by, or with the permission of, the person whose name is specified on the badge and for so long only as the person who parked the vehicle is engaged in work at the premises specified on the badge.
4
Solo motor bicycles: The controls specified in article 3(1) do not apply in respect of a person causing a motor bicycle without a side-car to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2G during the hours specified in column (3) in that item.
Exemptions for loading and unloading
6
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which is being loaded or unloaded to stop at the edge of the carriageway on a length of road specified in an item in column (2) of the tables in schedules 3A and 3B during the hours specified in column (3) in that item for as long as is needed to load or unload the vehicle or 20 minutes, whichever is the less, provided that not less than 20 minutes has elapsed since the vehicle was last parked on any part of the same length of road.
Exemptions for disabled persons
7
1
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item.
2
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2C during the hours specified in column (3) in that item.
3
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position, and a parking disc on which is shown the time at which the period of parking began, to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item, for a period of up to 3 hours not being a period separated by an interval of less than 1 hour from a previous period when that vehicle was parked in that length of road.
Exemptions at bus stops and stands
8
1
The controls specified in article 3 (1) and (2) do not apply in respect of a person causing:
a
a bus to stop at a bus stop for as long as may be required to enable passengers to board or alight; or
b
a bus to stop at a bus stop or a bus stand and being used for operational reasons in the course of providing a London bus service (as defined in section 34 of the Transport Act 1985 ) under an agreement with London Regional Transport or training drivers to allow such a service to be provided.
2
In this article “operational reasons” means:
i
to enable passengers to board and alight;
ii
to enable crew changes to take place;
iii
to maintain the scheduled timetable subject, in the case of a bus stop, to a maximum wait of two minutes.
Other exemptions
9
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to stop if that person is —
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) and (2) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) and (2) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
4
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a pedal cycle to be parked at a facility specifically provided for the purpose of pedal cycle parking by, or with the consent of, the highway authority.
Revocation or variation of existing Orders
10
1
Subject to paragraph (2) of this article, The London Borough of Redbridge Waiting and Loading Restriction Consolidation Order 1993 Traffic Management Order 1993/LBR No.3 is hereby revoked, in so far as its provisions relate to any part of the trunk road red route.
2
The revocation specified in paragraph (1) of this article shall take effect in respect of any provision contained in The London Borough of Redbridge Waiting and Loading Restriction Consolidation Order 1993 Traffic Management Order 1993/LBR No.3 only from the time at which the traffic sign indicating the effect of that provision has been obliterated.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
11th October 1999


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Miscellaneous Amendments) (No. 2) Regulations 1999 and shall come into force on 4th October 1999.
Amendment of the Income Support (General) Regulations 1987
2
1
The Income Support (General) Regulations 1987 shall be amended in accordance with the following paragraphs of this regulation.
2
At the end of regulation 5 (persons treated as engaged in remunerative work), there shall be added the following paragraphs —
8
Subject to paragraph (9), a person who has not been treated as engaged in remunerative work in accordance with regulation 6(2) as a consequence of his commencing work shall be treated as engaged in remunerative work for the period specified in paragraph (10) where he ceased to be engaged in that work within the period of five weeks beginning on the date on which he commenced it.
9
Paragraph (8) shall not apply in the case of a person who is temporarily absent from the work referred to in regulation 6(2)(a).
10
A person to whom paragraph (8) applies shall be treated as engaged in remunerative work for the period commencing on the day after the day on which he was last engaged in the work referred to in regulation 6(2)(a) and ending on the day on which the length of that period corresponds with the length of the period in respect of which he had not been treated as engaged in remunerative work in accordance with regulation 6(2).
.
3
Regulation 6 (persons not treated as engaged in remunerative work) shall be renumbered paragraph (1) of regulation 6 and after the renumbered paragraph (1) there shall be added the following paragraphs —
2
A lone parent shall not be treated as engaged in remunerative work for the period specified in paragraph (3) in so far as —
a
he is engaged in work which —
i
is remunerative work; and
ii
he is expected to be engaged in for a period of no less than five weeks; and
b
he had been, for a continuous period of 26 weeks ending on the day before the day on which he commenced the work referred to in sub-paragraph (a) —
i
entitled to and in receipt of income support or income-based jobseeker’s allowance; and
ii
a lone parent.
3
A person referred to in paragraph (2) shall not be treated as engaged in remunerative work for the period of 14 days commencing with the day on which he was first engaged in the work referred to in sub-paragraph (a) of that paragraph.
.
4
In the definition of “part-time employment” in both regulation 29(4D)(a) (calculation of earnings derived from employed earner’s employment) and regulation 35(3)(c) (earnings of employed earners) , for “6” there shall be substituted “6(1)”.
5
In regulation 36(2) (calculation of net earnings of employed earners), after “13” there shall be inserted “, 15A or 15B”.
6
In regulation 38(2) (calculation of net profit of self-employed earners), after “13” there shall be inserted “or 15B”.
7
In Schedule 1B (prescribed categories of person) —
a
in paragraph 8, for the words “regulation 6(a)” there shall be substituted the words “regulation 6(1)(a)”;
b
in paragraph 9, for the words “regulation 6(g)” there shall be substituted the words “regulation 6(1)(g)”.
8
After sub-paragraph (6) in paragraph 12 of Schedule 2 (additional condition for the higher pensioner and disability premiums) there shall be added the following sub-paragraph —
7
A person —
a
to whom regulation 6(2) (persons not treated as engaged in remunerative work) applies; and
b
whose applicable amount immediately before he was engaged in the work referred to in regulation 6(2)(a), included a premium applicable under paragraph 11(a),
shall, for the period specified in regulation 6(3), be treated as having continued to satisfy the additional condition specified in this paragraph for the payment of that premium.
.
9
After paragraph 15A in Schedule 8 (sums to be disregarded in the calculation of earnings) there shall be inserted the following paragraph —
15B
In the case of a person to whom regulation 6(2) (persons not treated as engaged in remunerative work) applies, any earnings which derive from the work referred to in sub-paragraph (a) of that paragraph but only to the extent that they relate to work performed during the period specified in regulation 6(3).
.
10
At the end of Schedule 9 (sums to be disregarded in the calculation of income other than earnings) there shall be added the following paragraph —
70
In the case of a person to whom regulation 6(2) (persons not treated as engaged in remunerative work) applies, any working families tax credit or disabled person’s tax credit to which section 128 or as the case may be 129 of the Contributions and Benefits Act refers which is paid to that person.
.
11
At the end of Schedule 10 (sums to be disregarded in the calculation of capital) there shall be added the following paragraph —
57
In the case of a person to whom regulation 6(2) (persons not treated as engaged in remunerative work) applies, the amount of any —
a
back to work bonus payable to that lone parent by way of a jobseeker’s allowance or income support in accordance with section 26 of the Jobseekers Act 1995 or a corresponding payment under article 28 of the Jobseekers (Northern Ireland) Order 1995 ; or
b
child maintenance bonus payable to that lone parent by way of a jobseeker’s allowance or income support in accordance with section 10 of the Child Support Act 1995 or a corresponding payment under article 4 of the Child Support (Northern Ireland) Order 1995 ,
which is paid during the period specified in regulation 6(3).
.
Amendment of the Jobseeker’s Allowance Regulations 1996
3
At the end of regulation 52 of the Jobseeker’s Allowance Regulations 1996 (persons treated as engaged in remunerative work), there shall be added the following paragraphs —
4
Subject to paragraph (5), a person who has not been treated as engaged in remunerative work in accordance with regulation 6(2) of the Income Support Regulations (persons not treated as engaged in remunerative work) as a consequence of his commencing work shall be treated as engaged in remunerative work for the period specified in paragraph (6) where he ceased to be engaged in that work within the period of five weeks beginning on the date on which he commenced it.
5
Paragraph (4) shall not apply in the case of a person who is temporarily absent from the work referred to in regulation 6(2)(a) of the Income Support Regulations.
6
A person to whom paragraph (4) applies shall be treated as engaged in remunerative work for the period commencing on the day after the day on which he was last engaged in the work referred to in regulation 6(2)(a) of the Income Support Regulations and ending on the day on which the length of that period corresponds with the length of the period in respect of which he had not been treated as engaged in remunerative work in accordance with regulation 6(2) of those Regulations.
.
Amendment of the Council Tax Benefit (General) Regulations 1992
4
1
The Council Tax Benefit (General) Regulations 1992 shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 53A (extended payments) —
a
in paragraph (1) —
i
after the words “in a case” where they first occur, there shall be inserted the words “other than a case to which paragraph (1A) applies”;
ii
in sub-paragraph (a)(i) for “58(a)” there shall be substituted “58(1)(a)”;
iii
in sub-paragraph (a)(ii) for “58(c)” there shall be substituted “58(1)(c)”;
b
after paragraph (1) there shall be inserted the following paragraphs —
1A
Subject to paragraph (2), in the case of a person to whom regulation 6(2) of the Income Support (General) Regulations 1987 (persons not treated as engaged in remunerative work) applies, his council tax benefit shall be determined in accordance with Part II of Schedule 5A where —
a
he was entitled to council tax benefit and his benefit period has come to an end —
i
on either of the grounds specified in paragraph (1)(a); or
ii
in accordance with regulation 58(1)(c) on the ground that he vacated the dwelling of which he was a resident during the period specified in regulation 6(3) of those Regulations; and
b
the Secretary of State has certified to the appropriate authority —
i
that regulation 6(2) of those Regulations applies to him;
ii
the date on which he was first engaged in the work referred to in sub-paragraph (a) of regulation 6(2) of those Regulations; and
iii
the date on which his entitlement to income support ceased or is expected to cease.
1B
Any award determined in accordance with paragraph (1A) shall be referred to in these Regulations as an “extended payment”.
;
c
in paragraph (5) —
i
in sub-paragraph (a), for the words from “during” to the end of the sub-paragraph there shall be substituted the following —
—
i
in a case where the beneficiary is a person to whom regulation 6(2) of the Income Support (General) Regulations 1987 (persons not treated as engaged in remunerative work) applies, during the period beginning on the day immediately following the end of the relevant benefit period and ending on the last day of the benefit week which includes the day —
aa
which is 4 weeks after the day on which that person was first engaged in the work referred to in sub-paragraph (a) of that paragraph of that regulation; or
bb
on which that person’s liability for council tax ends,
whichever shall first occur;
ii
in any other case, during the 4 weeks immediately following the end of the relevant benefit period; and
;
ii
in sub-paragraph (b), for the words “made within that 4 week period” there shall be substituted the words “made by the beneficiary within the period which, under sub-paragraph (a), applies in his case”.
3
In regulation 62 (time and manner in which claims are to be made) —
a
in paragraph (15) —
i
in sub-paragraph (a) —
aa
at the beginning, there shall be inserted the words “subject to paragraph (15A),”;
bb
for “58(a)” there shall be substituted “58(1)(a)”;
ii
at the end of sub-paragraph (b) there shall be inserted the word “or”;
iii
after sub-paragraph (b) there shall be inserted the following sub-paragraph —
c
the Secretary of State has certified the matters specified in regulation 53A(1A)(b) to the appropriate authority,
;
b
after paragraph (15), there shall be inserted the following paragraph —
15A
Where the appropriate authority has invited a person to make a claim for a further grant of council tax benefit pursuant to paragraph (15)(c), it need not invite that person to make a claim for a further grant of that benefit pursuant to paragraph (15)(a).
.
4
In regulation 66 (who is to make a determination) —
a
in paragraph (4) , after the words “this regulation” there shall be inserted the words “and subject to paragraph (5)”;
b
after paragraph (4) there shall be added the following paragraph —
5
For the purposes of paragraph (4), a person shall be treated as having claimed an extended payment where —
a
he is a person to whom regulation 6(2) of the Income Support (General) Regulations 1987 (persons not treated as engaged in remunerative work) applies; and
b
the Secretary of State has certified the matters specified in regulation 53A(1A)(b) to the appropriate authority during the period of 14 days commencing on the day on which that person was first engaged in the work referred to in sub-paragraph (a) of regulation 6(2) of those Regulations,
and the appropriate day in relation to that person shall be the day on which that person was first engaged in the work referred to in that sub-paragraph of that regulation.
.
5
In regulation 95 (information to be supplied by an authority to another authority) —
a
in paragraph (3) —
i
in sub-paragraph (a) —
aa
after the words “authority A, details” there shall be inserted the words “relevant to that claim”;
bb
at the end of head (iii), the word “and” shall be omitted;
ii
after sub-paragraph (a) there shall be inserted the following sub-paragraph —
aa
in the case of a person to whom regulation 6(2) of the Income Support (General) Regulations 1987 (persons not treated as engaged in remunerative work) applies, the matters certified by the Secretary of State pursuant to regulation 53A(1A)(b); and
;
b
at the end there shall be added the following paragraph —
5
For the purposes of this regulation, a person shall be treated as having claimed an extended payment from an authority where —
a
he is a person to whom regulation 6(2) of the Income Support (General) Regulations 1987 (persons not treated as engaged in remunerative work) applies; and
b
the Secretary of State has certified the matters specified in regulation 53A(1A)(b) to the appropriate authority.
.
6
In Schedule 5A (extended payments of council tax benefit) —
a
in sub-paragraph (c) of paragraph 2 —
i
at the end of head (iii) there shall be inserted the word “or”;
ii
after head (iii) there shall be added the following heads —
iv
the claimant’s applicable amount included an amount applicable under paragraph 11 of Schedule 2 to the Income Support (General) Regulations 1987 or, as the case may be, under paragraph 13 of Schedule 1 to the Jobseeker’s Allowance Regulations 1996 (disability premium); or
v
the claimant was, or was treated as, incapable of work in accordance with Part XIIA of the Contributions and Benefits Act 1992 and the regulations made thereunder (incapacity for work);
;
b
in sub-paragraph (b) of paragraph 6, for the words “4 weeks liability to council tax” there shall be substituted the words “liability to council tax for the period specified in regulation 53A(5)(a)”;
c
in paragraph 7, for the words “4 weeks immediately following the end of the relevant benefit period” there shall be substituted the words “the period specified in regulation 53A(5)(a)”;
d
paragraph 8 shall be renumbered paragraph 8(1) and in that renumbered sub-paragraph —
i
in the definition of “claimant”, after the word “means” there shall be inserted the words “, subject to sub-paragraph (2),”;
ii
at the end of the definition of “the relevant benefit period” there shall be inserted the words “or, as the case may be, (1A)(a)”;
e
after the renumbered paragraph 8(1) there shall be added the following sub-paragraph —
2
For the purposes of this Schedule (other than Part I), a person shall be treated as having claimed an extended payment where —
a
he is a person to whom regulation 6(2) of the Income Support (General) Regulations 1987 (persons not treated as engaged in remunerative work) applies; and
b
the Secretary of State has certified the matters specified in regulation 53A(1A)(b) to the appropriate authority,
and the words “claim” and “claimant” shall be construed accordingly.
.
Amendment of the Housing Benefit (General) Regulations 1987
5
1
The Housing Benefit (General) Regulations 1987 shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 62A (extended payments) —
a
in paragraph (1) —
i
after the words “in a case” where they first occur, there shall be inserted the words “other than a case to which paragraph (1A) applies”;
ii
in sub-paragraph (a)(i) for “67(a)” there shall be substituted “67(1)(a)”;
iii
in sub-paragraph (a)(ii) for “67(c)” there shall be substituted “67(1)(c)”;
b
after paragraph (1) there shall be inserted the following paragraphs —
1A
Subject to paragraph (2), in the case of a person to whom regulation 6(2) of the Income Support (General) Regulations 1987 (persons not treated as engaged in remunerative work) applies, his housing benefit shall be determined in accordance with Part II of Schedule 5A where —
a
he was entitled to housing benefit and his benefit period has come to an end —
i
on either of the grounds specified in paragraph (1)(a); or
ii
in accordance with regulation 67(1)(c) on the ground that he vacated the dwelling of which he was a resident during the period specified in regulation 6(3) of those Regulations; and
b
the Secretary of State has certified to the appropriate authority —
i
that regulation 6(2) of those Regulations applies to him;
ii
the date on which he was first engaged in the work referred to in sub-paragraph (a) of regulation 6(2) of those Regulations; and
iii
the date on which his entitlement to income support ceased or is expected to cease.
1B
Any award determined in accordance with paragraph (1A) shall be referred to in these Regulations as an “extended payment”.
;
c
in paragraph (5) —
i
in sub-paragraph (a), for the words from “during” to the end of the sub-paragraph there shall be substituted the following —
—
i
in a case where the beneficiary is a person to whom regulation 6(2) of the Income Support (General) Regulations 1987 (persons not treated as engaged in remunerative work) applies, during the period beginning on the day immediately following the end of the relevant benefit period and ending on the last day of the benefit week which includes the day —
aa
which is 4 weeks after the day on which that person was first engaged in the work referred to in sub-paragraph (a) of that paragraph of that regulation; or
bb
on which that person’s liability for rent ends,
whichever shall first occur;
ii
in any other case, during the 4 weeks immediately following the end of the relevant benefit period; and
;
ii
in sub-paragraph (b), for the words “made within that 4 week period” there shall be substituted the words “made by the beneficiary within the period which, under sub-paragraph (a) applies in his case”.
3
In regulation 72 (time and manner in which claims are to be made) —
a
in paragraph (14) —
i
in sub-paragraph (a) —
aa
at the beginning, there shall be inserted the words “subject to paragraph (14A),”;
bb
for “67(a)” there shall be substituted “67(1)(a)”;
ii
at the end of sub-paragraph (b) there shall be inserted the word “or”;
iii
after sub-paragraph (b) there shall be inserted the following sub-paragraph —
c
the Secretary of State has certified the matters specified in regulation 62A(1A)(b) to be the appropriate authority,
;
b
after paragraph (14), there shall be inserted the following paragraph —
14A
Where the appropriate authority has invited a person to make a claim for a further grant of housing benefit pursuant to paragraph (14)(c), it need not invite that person to make a claim for a further grant of that benefit pursuant to paragraph (14)(a).
.
4
In regulation 76 (who is to make a determination) —
a
in paragraph (4) after the words “this regulation”, there shall be inserted the words “and subject to paragraph (5)”;
b
after paragraph (4) there shall be added the following paragraph —
5
For the purposes of paragraph (4), a person shall be treated as having claimed an extended payment where —
a
he is a person to whom regulation 6(2) of the Income Support (General) Regulations 1987 (persons not treated as engaged in remunerative work) applies; and
b
the Secretary of State has certified the matters specified in regulation 62A(1A)(b) to the appropriate authority during the period of 14 days commencing on the day on which that person was first engaged in the work referred to in sub-paragraph (a) of regulation 6(2) of those Regulations,
and the appropriate day in relation to that person shall be the day on which that person was first engaged in the work referred to in that sub-paragraph of that regulation.
.
5
In Schedule 5A (extended payments of housing benefit) —
a
in sub-paragraph (c) of paragraph 2 —
i
at the end of head (iii) there shall be inserted the word “or”;
ii
after head (iii) there shall be added the following heads —
iv
the claimant’s applicable amount included an amount applicable under paragraph 11 of Schedule 2 to the Income Support (General) Regulations 1987 or, as the case may be, under paragraph 13 of Schedule 1 to the Jobseeker’s Allowance Regulations 1996 (disability premium); or
v
the claimant was, or was treated as, incapable of work in accordance with Part XIIA of the Contributions and Benefits Act and the regulations made thereunder (incapacity for work);
;
b
in paragraph 4 —
i
in sub-paragraph (3), for the words “paragraph (1)” there shall be substituted the words “sub-paragraph (1)”;
ii
in sub-paragraph (4), for the words “4 weeks following the last day” there shall be substituted the words “weeks in the period specified in regulation 62A(5)(a)”;
c
in sub-paragraph (b) of paragraph 8, for the words “4 weeks rent” there shall be substituted the words “the rent in respect of the period specified in regulation 62A(5)(a)”;
d
paragraph 12 shall be renumbered paragraph 12(1) and in that renumbered sub-paragraph —
i
in the definition of “claimant”, after the word “means” there shall be inserted the words “, subject to sub-paragraph (2),”;
ii
at the end of the definition of “the relevant benefit period” there shall be inserted the words “or, as the case may be, (1A)(a)”;
e
after the renumbered paragraph 12(1) there shall be added the following sub-paragraph —
2
For the purposes of this Schedule (other than Part I), a person shall be treated as having claimed an extended payment where —
a
he is a person to whom regulation 6(2) of the Income Support (General) Regulations 1987 (persons not treated as engaged in remunerative work) applies; and
b
the Secretary of State has certified the matters specified in regulation 62A(1A)(b) to the appropriate authority,
and the words “claim” and “claimant” shall be construed accordingly.
.
Amendment of the Housing Benefit (Supply of Information) Regulations 1988
6
1
Regulation 5 of the Housing Benefit (Supply of Information) Regulations 1988 (information to be supplied by an authority to another authority) shall be amended in accordance with the following paragraphs of this regulation.
2
In paragraph (3) —
a
in sub-paragraph (a) —
i
after the words “authority A, details” there shall be inserted the words “relevant to that claim”;
ii
at the end of head (iii), the word “and” shall be omitted;
b
after sub-paragraph (a) there shall be inserted the following sub-paragraph —
aa
in the case of a person to whom regulation 6(2) of the Income Support (General) Regulations 1987 (persons not treated as engaged in remunerative work) applies, the matters certified by the Secretary of State pursuant to regulation 62A(1A)(b) of the Housing Benefit Regulations; and
.
3
At the end there shall be added the following paragraph —
5
For the purposes of this regulation, a person shall be treated as having claimed an extended payment from an authority where —
a
he is a person to whom regulation 6(2) of the Income Support (General) Regulations 1987 (persons not treated as engaged in remunerative work) applies; and
b
the Secretary of State has certified the matters specified in regulation 62A(1A)(b) of the Housing Benefit Regulations to the appropriate authority.
.
Amendment of the Social Security (Claims and Payments) Regulations 1987
7
At the end of regulation 3 of the Social Security (Claims and Payments) Regulations 1987 (claims not required for entitlement to benefit in certain cases) there shall be added the following paragraph —
h
in the case of income support where the beneficiary —
i
is a person to whom regulation 6(2) of the Income Support (General) Regulations 1987 (persons not treated as engaged in remunerative work) applies;
ii
was in receipt of an income-based jobseeker’s allowance on the day before the day on which he was first engaged in the work referred to in sub-paragraph (a) of that paragraph; and
iii
would satisfy the conditions of entitlement to income support (apart from the condition of making a claim which would apply in the absence of this paragraph) only by virtue of regulation 6(3) of those Regulations.
.
Signed by authority of the Secretary of State for Social Security.
Hugh Bayley
Parliamentary Under-Secretary of State,
Department of Social Security
13th September 1999


text:
1
This Order may be cited as the Public Telecommunication System Designation (TNI (Telecom) Limited) Order 1999 and shall come into force on 7th December 1999.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Patricia Hewitt,
Minister for Small Business and E-Commerce,
Department of Trade and Industry
28th October 1999


text:
Citation and Commencement
1
These Regulations may be cited as the East Durham and Houghall Comunity College (Government) Regulations 1999, and shall come into force on 1st April 1999.
Application
2
It is hereby prescribed that the instrument of government and articles of government of the further education corporation to be established under the name of “East Durham and Houghall Community College” shall be as set out in Schedules 1 and 2 to these Regulations respectively.
Tessa Blackstone
Minister of State,
Department for Education and Employment
10th March 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Borough of Amber Valley (Electoral Changes) Order 1999.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 4th May 2000, on 10th October 1999;
b
for all other purposes, on 4th May 2000.
3
In this Order —
“the borough” means the borough of Amber Valley;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
any reference to the map is a reference to the map prepared by the Department of the Environment, Transport and the Regions marked “Map of the Borough of Amber Valley (Electoral Changes) Order 1999”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 ; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Wards of Amber Valley
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into twenty-three wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes, or parishes and parish wards or, where no area is so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, waterway or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of Amber Valley
3
1
Subject to the following provisions of this article, the election of councillors for wards of the borough shall be by thirds.
2
Elections of all councillors for all wards of the borough shall be held simultaneously on the ordinary day of election of councillors in 2000 .
3
The councillors holding office for any ward in the borough immediately before 8th May 2000 shall retire on that date and the newly elected councillors for those wards shall come into office on that date.
4
The order of retirement of councillors shall be as set out in Schedule 2.
5
Where the number of councillors elected in 2000 for any ward of the borough is two or more —
a
the first to retire shall, subject to paragraphs (6) and (7) below, be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
6
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
7
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
8
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
9
Except as otherwise provided in the foregoing paragraphs of this article, the term of office of councillors shall be four years and all councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly elected councillors shall come into office on the day on which their predecessors retire.
Wards of the town of Belper
4
1
The existing wards of the town of Belper shall be abolished.
2
The town shall be divided into four Town wards which shall bear the names set out in column (1) of Schedule 3; each town ward shall comprise the area of the borough ward specified in respect of the town ward in column (2) of that Schedule, and the number of councillors to be elected for each town ward shall be four.
Wards of the parish of Crich
5
1
The existing wards of Crich shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names Crich, Fritchley and Whatstandwell; and the wards shall comprise the areas designated on sheet 4 by reference to the names of the wards and demarcated by orange lines.
3
The number of councillors to be elected for the Crich, Fritchley and Whatstandwell wards shall be seven, three and two respectively.
Wards of the town of Heanor and Loscoe
6
1
The existing wards of the town of Heanor and Loscoe shall be abolished.
2
The town shall be divided into three town wards which shall bear the names set out in column (1) of Schedule 4; each town ward shall comprise the area of the borough ward specified in respect of the town ward in column (2) of that Schedule, and the number of councillors to be elected for each town ward shall be seven.
Wards of the town of Ripley
7
1
The existing wards of the town of Ripley shall be abolished.
2
The town shall be divided into nine towns wards which shall bear the names Ambergate, Butterley, Central, East, Elms, Heage, Marehay, North and Waingroves; and the wards shall comprise the areas designated on sheet 5 by reference to the names of the wards and demarcated by orange lines.
3
The number of councillors to be elected for the town wards shall be five in the case of East, three in the case of Elms and Heage, two in the case of Ambergate, Butterley, Central, and North, and one in the case of Marehay and Waingroves.
Revocation
8
The District of Amber Valley (Electoral Arrangements) Order 1978 is hereby revoked.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Beverley Hughes
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
27th September 1999


text:
Citation and commencement
1
These regulations may be cited as the Motor Cars (Driving Instruction) (Admission of Community Licence Holders) Regulations 1999 and shall come into force on 1st April 1999.
Amendment of the Road Traffic Act 1988: Community licence holders
2
1
The Road Traffic Act 1988 shall be amended in accordance with paragraphs (2) to (5) below.
2
In section 125–
a
for subsection (3)(b) there shall be substituted–
b
he is the holder of–
i
a current licence to drive a motor car (not being a provisional licence) granted under Part III of this Act,
ii
a current licence to drive a motor car (not being a licence corresponding to a provisional licence) granted under the law in force in Northern Ireland, or
iii
a Community licence by which he is authorised to drive a motor car in Great Britain and a counterpart of that licence,
;
b
for subsection (3)(c)(ii), there shall be substituted–
ii
a current foreign licence, that is to say a document issued under the law of a country or territory other than an EEA State (within the meaning of Part III of this Act ), authorising the holder to drive a motor car in that country or territory.
;
c
after subsection (9), there shall be inserted–
10
In this Part of this Act, “Community licence” and “counterpart”, in relation to a Community licence, have the same meanings as in Part III of this Act.
.
3
In section 125A(8), in the definition of “disabled person’s limited driving licence”–
a
in paragraph (a), the word “and” shall be omitted, and
b
after paragraph (b) there shall be inserted
, and
c
a Community licence authorising the driving of a motor car which is similarly limited by virtue of any corresponding provision of the law under which it was issued and a counterpart of that licence;
.
4
In sections 128(2)(a) and 130(2)(a), for the word “neither” there shall be substituted “none”.
5
In section 142, in the table, after the entry for “Appropriate motor car”, there shall be inserted–
“Community licence” and “counterpart” in relation thereto Section 125(10)
.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Larry Whitty
Parliamentary Under Secretary,
Department of the Environment, Transport and the Regions
15th February 1999


text:
Citation
1
This Order may be cited as the Water and Sewerage Undertakers (Pipelaying and Other Works) (Code of Practice) Order 1999.
Approval of Code of Practice
2
The Code of Practice prepared by each of the companies listed in column (1) of the Schedule to this Order and certified as such by the Secretary of State is hereby approved.
Signed by authority of the Secretary of State for Wales
R. Macey
A Senior Civil Servant in the Welsh Office
2nd June 1999


text:
PART I
Citation and commencement
1
— These Regulations may be cited as the Non-Road Mobile Machinery (Emission of Gaseous and Particulate Pollutants) Regulations 1999, and shall come into force on 26th April 1999.
Interpretation
2
1
In these Regulations —
a
“ Directive 97/68/EC ” means the European Parliament and Council Directive 97/68/ EC on the approximation of laws of the member States relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery ;
b
“the 1987 Act ” means the Consumer Protection Act 1987 ;
c
“non-road mobile machinery” means any mobile machine, transportable industrial equipment or vehicle with or without body work, not intended for the use of passenger-or goods-transport on the road, in which an internal combustion engine as specified in regulation 3(1) is installed;
d
“type approval” means the procedure whereby the approval authority certifies that an internal combustion engine type or engine family satisfies the relevant technical requirements of these Regulations with regard to the level of emissions of gaseous and particulate pollutants by the engine;
e
“engine type” means a category of engines which are similar in such essential engine characteristics as specified in Schedule 2, Appendix 1;
f
“parent engine” means an engine selected from an engine family in such a way that it complies with the requirements set out in paragraphs 6 and 7 of Schedule 1;
g
“engine family” means a manufacturer’s grouping of engines which, through their design, are expected to have similar exhaust emission characteristics as specified in Schedule 2 and which comply with the requirements of these Regulations;
h
“engine power output” means net power output of the engine;
i
“engine production date” means the date when the engine has passed the final check after it has left the production line and being the stage at which the engine is ready to be delivered or to be put in stock;
j
“placing on the market” means the action of making available on the Community market, for payment or free of charge, a product to which these Regulations apply with a view to distribution or use or both in the Community;
k
“manufacturer” means the person responsible for the construction of an engine and responsible to the approval authority for all aspects of the type approval process and for ensuring conformity of production.
l
“technical service body” means the approval authority or the person that has been appointed as a testing laboratory to carry out tests or inspections;
m
“information document” means the document set out in the format specified by Schedule 2 containing the information prescribed by that Schedule;
n
“information folder” means the total folder or file of data, drawings, photographs and any other material supplied by the applicant to the approval authority or the technical service body as prescribed in the information document;
o
“information package” means the information folder plus any test results or other documents that the approval authority or the technical service body has added to the information folder in the course of carrying out its functions;
p
“index to the information package” means the document in which the contents of the information package, suitably numbered or otherwise marked to clearly identify all the pages, are listed;
q
“competent approval authorities” means the bodies appointed as the approval authority in a member State other than the United Kingdom in accordance with Directive 97/68/EC.
2
For the purposes of these Regulations, the terms, symbols and abbreviations set out in paragraph 2 of Schedule 1 shall be interpreted in accordance with that paragraph.
3
For the purposes of these Regulations, Annexes, I, II , III , IV , V, VI , and VII to Directive 97/68/EC are respectively set out in Schedules 1, 2, 3, 4, 5, 6, and 7, and a reference in a regulation to a paragraph of a Schedule is a reference to a section in the Annex as set out in the relevant Schedule.
4
For the purposes of these Regulations, the Secretary of State is the approval authority.
PART II
Scope and Exclusions
3
1
Subject to paragraphs (3), (4) and (5) and regulation 15, these Regulations apply to new engines to be installed in non-road mobile machinery intended and suited to move, or to be moved on the ground, whether or not on the road, with a C.I. engine having net power that is equal to or higher than 18 kW but not more than 560 kW and operated under intermittent speed rather than a single constant speed.
2
The expression “machinery” includes the following:
industrial drilling rigs and compressors,
construction equipment including wheel loaders, bulldozers, crawler tractors, crawler loaders, truck-type loaders, off-highway trucks and hydraulic excavators,
agricultural equipment and rotary tillers,
forestry equipment,
self propelled agricultural vehicles,
material handling equipment,
fork-lift trucks,
road maintenance equipment (motor graders, road rollers and asphalt finishers),
snow plough equipment,
ground support equipment in airports,
aerial lifts,
mobile cranes.
3
These Regulations do not apply to engines to be installed in: —
a
ships,
b
railway locomotives,
c
aircraft, or
d
generating sets.
4
These Regulations do not apply to engines for the propulsion of vehicles as defined by Council Directive 70/156/ EEC as amended by Council Directive 92/53/EEC and by Council Directive 92/61/EEC or agricultural tractors as defined by Council Directive 74/150/EEC as amended by Council Directive 82/890/EEC .
5
These Regulations do not apply to engines granted type approval in accordance with the provisions of Council Directive 88/77/EEC as amended by Council Directives 91/542/EEC and 96/1/EEC provided that —
a
the type approval has been granted for an engine with a category set out in the first column of regulation 6(2) on or before the dates specified in the second column of regulation 6(2), and
b
the engine is placed on the market before the final date specified in regulation 7 for that category of engine.
General duty relating to placing on the market
4
1
Subject to regulations 7 and 15, no person shall place on the market any new engine, whether or not already installed in machinery, unless the requirements of paragraph (2) have been complied with in relation to it.
2
The requirements in respect of any engine are that —
a
the approval authority has issued a type approval certificate,
b
the engine conforms to the requirements of the type approval, and
c
the engine has affixed to it markings in accordance with regulation 11(1), including the type approval number.
Categories of engines
5
1
This regulation defines the engine categories for the purposes of regulations 6 and 7.
2
An engine is within the category in the first column of the table in this paragraph if it has a power output within the range set out in the second column thereof:
Category A 130kW ≤ P ≤ 560 kW Category B 75kW ≤ P < 130 kW Category C 37kW ≤ P < 75 kW Category D 18kW ≤ P < 37 kW Category E 130kW ≤ P ≤ 560 kW Category F 75kW ≤ P < 130 kW Category G 37kW ≤ P < 75 kW.
Provisions for grant of type approval certificate
6
1
After the coming into force of these Regulations, the approval authority shall not issue a type approval certificate under regulation 9(1) for an engine type or engine family, nor any other type approval for non-road mobile machinery in which an engine is installed, where the engine has a power output falling within Category A, Category B or Category C, if the engine does not meet the requirements specified in these Regulations and if the emissions of gaseous and particulate pollutants from the engine do not comply with the limit values set out in the table in paragraph 4.2.1 of Schedule 1.
2
After the date specified in the second column of the table in this regulation, the approval authority shall not grant a type approval certificate under regulation 9(1) for an engine type or engine family, nor any other type approval for non-road mobile machinery in which an engine is installed, in respect of an engine within the category set out in the first column of the table if the engine does not meet the requirements specified in these Regulations and if the emissions of gaseous and particulate pollutants from the engine do not comply with the limit values set out in the table in paragraph 4.2.3 of Schedule 1:
Category Date
Category D 31 December 1999 Category E 31 December 2000 Category F 31 December 2001 Category G 31 December 2002.
Transitional provisions in respect of placing on the market
7
Notwithstanding the provisions of regulation 4, a manufacturer may place on the market, before the date specified in the third column of the table in this regulation, an engine within a category specified in the first column of the table with a production date prior to the date specified in the second column in respect of that category:
Category Producton date Final date
Category A 31 December 1998 31 December 2000 Category B 31 December 1998 31 December 2000 Category C 31 March 1999 31 March 2001 Category D 31 December 2000 31 December 2002 Category E 31 December 2001 31 December 2003 Category F 31 December 2002 31 December 2004 Category G 31 December 2003 31 December 2005.
Application for type approval
8
1
An application for engine type or engine family approval shall be submitted to the approval authority by or on behalf of a manufacturer (“the applicant”), together with —
a
the fee payable pursuant to regulation 14 to the approval authority,
b
the information folder, and
c
a declaration by the applicant that no application in respect of an engine type or engine family has been submitted in respect of that engine type or engine family to a competent approval authority in any other member State.
2
The application shall contain the information set out in Schedule 2, and contain an information document.
3
An engine conforming to the information provided pursuant to Schedule 2, Appendix 1 shall accompany the application or the applicant shall provide particulars of where the engine may be examined and tested by the approval authority.
4
In the case of an application for engine family approval, if the approval authority determines that the engine submitted with the application does not fully represent the engine family described in the information folder, the applicant shall provide an alternative and, if considered necessary by the approval authority, an additional parent engine conforming to the information provided pursuant to Schedule 2 Appendix 1.
Approval of engines
9
1
The approval authority shall on payment of the fee pursuant to regulation 14 issue a type approval certificate for an engine type or engine family in the form set out in Schedule 6, where the approval authority is satisfied, after examination and testing of the engine by the technical service body, that —
a
the engine or engine family meets the specifications and has passed all the test procedures and requirements of Schedules 1, 3, 4 and 5, and
b
the engine or engine family is of a type which conforms with the information given in the information folder which accompanied the application, and
c
that adequate arrangements ensuring effective control of the conformity of production are in place with regard to the specifications as set out in paragraph 5 of Schedule 1.
2
Where the approval authority issues a type approval certificate for an engine type or engine family, it shall, within a period of one month, confirm the date on which the certificate was issued, give notice of that approval certificate and the date it was issued to the competent approval authorities of every other member State, and include with that notice a copy of the type approval certificate issued and particulars of the engine and engine type approved.
3
Where the approval authority decides that the engine to be approved fulfils its function or offers a specific feature only in conjunction with other parts of the non-road mobile machinery, and for this reason compliance with one or more requirements can be verified only when the engine to be approved operates in conjunction with other machinery parts, whether real or simulated, the approval authority shall restrict the scope of the type approval of the engine type or engine family accordingly.
4
Where the approval authority restricts the scope of the type approval in accordance with paragraph (3), it shall include in the type approval certificate any restrictions on the use of the engine and shall indicate any conditions for fitting it.
5
The type approval certificate shall contain the letters, numbers and information set out in Schedule 7.
6
The approval authority shall keep a register of the engine types or engine families which have been granted type approval by it.
Amendments to approvals
10
1
Where the approval authority has issued a type approval certificate to a manufacturer under regulation 9, that manufacturer shall immediately give notice in writing to the approval authority of any change in the particulars appearing in the information folder or information package, if appropriate, and make application to the approval authority to amend or extend the type approval.
2
An application for the amendment or extension of a type approval shall be submitted to the approval authority which granted the original type approval, together with a fee pursuant to regulation 14 or an undertaking to pay the fee to the approval authority.
3
Where the particulars appearing in the information package have changed, the approval authority shall, subject to paragraph (4) and on payment of a fee pursuant to regulation 14 —
a
issue revised pages of the information package as necessary, marking each revised page to show clearly the nature of the change and the date of re-issue, and
b
issue a revised approval certificate (denoted by an extension number) if any information on the type approval certificate (excluding its attachments) has changed or if the standards of Directive 97/68/EC have changed since the date of the type approval certificate.
4
If the approval authority finds that an amendment to an information package warrants fresh tests or checks it shall inform the manufacturer thereof and issue the documents referred to in praragraph (3) only after the conduct of successful fresh tests or checks to ensure compliance with these Regulations.
5
Where the approval authority issues revised pages pursuant to paragraph (3) it shall amend the index to the information package (which is attached to the approval certificate) to show the date the pages were revised.
6
Where the approval authority issues a revised approval certificate pursuant to paragraph (3), the revised certificate shall show clearly the reason for the revision and the date of issue of the revised certificate.
Conformity
11
1
Where a type approval certificate has been issued pursuant to regulation 9, the manufacturer shall affix to each unit manufactured in accordance with the approved type the markings as defined in paragraph 3 of Schedule 1 including the type approval number.
2
Where the type approval certificate, in accordance with the provisions of regulation 9(4), includes restrictions on the use of the engine —
a
the manufacturer shall deliver with each unit manufactured a document containing detailed information on those restrictions and indicating any conditions for fitting, but
b
where a series of engine types is delivered to one single producer of machinery, the manufacturer may provide only one such document, which shall, in addition to the information required by paragraph (a), list the engine identification numbers to be delivered to that producer and which shall be provided not later than the date of delivery to him of the first engine.
3
Where any type approval certificate has been issued pursuant to regulation 9, the approval authority may by notice in writing require the manufacturer to send it a list which —
a
contains identification numbers for each engine type or engine family produced in accordance with the requirements of these Regulations since the list was last supplied to the approval authority in accordance with these Regulations,
b
specifies correlations of the identification numbers to the corresponding engine types or engine families and to the type approval numbers, where not clarified by the engine coding system,
c
contains information relating to the cessation of production, where the manufacturer has ceased production of an engine type or engine family, including the date production ceased, the number of engines remaining unsold and the place where those engines are being stored or will be stored.
4
If the approval authority requires the manufacturer to send to it a list pursuant to a notice served pursuant to paragraph (3), the list shall be sent —
i
within 45 days after the end of each calendar year, and
ii
when the requirements change for each category of engine under regulation 6.
5
A manufacturer upon whom a notice has been served pursuant to paragraph (3) shall maintain records of the information provided under paragraph (3) for a minimum period of 20 years.
6
A manufacturer upon whom a notice has been served pursuant to paragraph (3) shall send to the approval authority within 45 days after the end of each calendar year and at each date when the requirements change for each category of engine under regulation 6, a declaration specifying the engine types and engine families together with the relevant engine identification codes for those engines the manufacturer intends to produce from the date of the declaration.
7
The manufacturer shall send with each list required under paragraph (3) a declaration specifying that each engine bearing a type approval number conforms with the description in the approval certificate.
8
The manufacture shall permit the approval authority at any time to carry out tests and inspection of any engine bearing a type approval number in order to verify that the engine conforms to the description given on the approval certificate.
9
The manufacturer shall permit the approval authority at any reasonable time to inspect its production procedures to ensure that the requirements set out in paragraph 5 of Schedule 1 continue to be met.
Provision of Technical Service
12
The approval authority shall notify to the European Commission and the competent approval authorities of the other member States, the names and addresses of the bodies that will be the technical service body for the purposes of these Regulations.
Non-conformity with the approved type or family
13
1
If it appears to the approval authority —
a
that engines bearing the approval marking in accordance with paragraph 3 of Schedule 1 fail to conform to the type or engine family it has approved, and
b
that the manufacturer to whom the relevant type approval certificate was issued is unable or unwilling to effect a sufficient remedy,
the approval authority may withdraw the type approval certificate after giving the manufacturer to whom it was issued the opportunity of making representations within a reasonable period as to why it should not be withdrawn.
2
Where the approval authority, having considered any representations made under paragraph (1), withdraws a type approval certificate, it shall, in writing —
a
inform the manufacturer to whom it was issued of the withdrawal of the certificate and of its reasons for the withdrawal, and
b
inform the competent approval authorities of the member States of its withdrawal.
3
Where the approval authority does not withdraw the type approval certificate, it shall inform the competent approval authorities of the other member States of the measures taken to ensure that the engines in production will conform to the approved type or family.
4
For the purposes of this regulation, there shall be a failure to conform to the approved type or engine family where the approval authority finds deviations from the particulars in the type-approval certificate or the information package and where those deviations have not been authorised by the approval authority pursuant to regulation 10(3).
5
If the approval authority believes that an engine bearing a type approval number and markings does not conform to the approved type or family it may request the competent approval authorities in the member State which granted the type approval to verify that engines in production conform to the approved type or engine family.
Fees
14
The fees to be paid will be those payable pursuant to regulations made under section 56 of the Finance Act 1973 .
Exemptions and alternative procedures
15
1
The requirements of regulation 4 do not apply to —
a
engines produced directly or indirectly on behalf of and for use only by the armed services,
b
engines approved by the competent approval authorities in another member State in accordance with Directive 97/68/EC.
2
The approval authority may, at the request of the manufacturer, exempt end-of-series engines which are still in stock, or stocks of non-road mobile machinery in respect of their engines, from the final date for placing on the market as set out in regulation 7 in accordance with the following conditions —
a
the manufacturer must submit an application to the approval authority before the relevant final date in regulation 7,
b
the application must include a list of those new engines which remain unsold or have not been placed on the market before the final date and must specify the technical and/or economic reasons on which the application is based,
c
the engines must conform to a type or family for which the type approval is no longer valid, or which did not require type approval at the time of production, but which have been produced before the production date set out in regulation 7,
d
the engines must have been physically stored within the European Community between the production date and the final date set out in regulation 7 for that particular category,
e
the maximum number of new engines of one or more types placed on the market in the United Kingdom under this exemption must not exceed 10 per cent of the new engines of all types concerned placed on the market in the United Kingdom during the previous year.
3
If the request is accepted by the approval authority it shall, within one month, send to the competent approval authorities of the other member States particulars of, and reasons for, the exemptions granted to the manufacturer.
4
The approval authority shall issue for each engine exempted under paragraph (2) a certificate of conformity on which a special entry has been made.
5
The certificate of conformity referred to in paragraph (4) may be included in a consolidated document which contains all the identification numbers of engines exempted under paragraph (2).
6
The approval authority shall each year send to the European Commission a list of exemptions granted specifying the reasons.
7
The approval authority may not exempt engines under paragraph (2) if a period of 12 months has elapsed since the date on which the engines were for the first time subject to the time limits for placing on the market.
PART III
Enforcement Authorities
16
1
It shall be the duty of the following authorities to enforce these Regulations within their area —
a
in Great Britain, the Secretary of State or weights and measures authorities, and
b
in Northern Ireland, the Department of Economic Development.
2
An enforcement authority shall, whenever the Secretary of State so directs, make a report to the Secretary of State on the exercise of the functions exercisable by that authority under these Regulations.
3
For the purposes of providing for the enforcement of these Regulations —
a
sections 14, 15, 28 to 35, 37, 38, 44 and 47 of the 1987 Act shall apply and in respect of proceedings for contravention thereof as if —
i
references to safety provisions were references to these Regulations;
ii
references to goods were references to engines as the context may require;
iii
in section 14, in subsection (6), for “six months” there were substituted “three months”;
iv
in sections 28, 29, 30, 33, 34 and 35, the words “or any provision made by or under Part III of this Act” on each occasion that they occur were omitted;
v
in section 28, subsections (3), (4) and (5) were omitted;
vi
in section 29, subsection (4) was omitted;
vii
in section 30, subsections (7) and (8) were omitted; and
viii
in section 38(1), paragraphs (a) and (b) were omitted;
b
sections 39 and 40 of the 1987 Act shall apply to offences under section 32 of that Act as it is applied to these Regulations by sub-paragraph (a) above; and
c
in England and Wales, a magistrates' court may try an information in respect of an offence committed under these Regulations if the information is laid within twelve months from the time when the offence is committed, and in Scotland summary proceedings for such an offence may be begun at any time within twelve months from the time when the offence is committed.
4
Nothing in this regulation shall authorise any enforcement authority to bring proceedings in Scotland for an offence.
Offences
17
Any person who —
a
places a new engine on the market in contravention of regulation 4, or
b
fails to send a list in contravention of regulation 11(4), or
c
fails to maintain records in contravention of regulation 11(5), or
d
fails to send a declaration in contravention of regulation 11(6), or
e
fails to comply with the requirements of regulation 11(8), or
f
in supplying information or producing documents for the purposes of these Regulations —
i
makes a statement which he knows to be false in a material particular or recklessly makes a statement which is false in a material particular, or
ii
produces, provides, sends or otherwise makes use of a document which he knows to be false in a material particular or recklessly produces, provides, sends or otherwise makes use of a document which is false in a material particular,
shall be guilty of an offence.
Penalty
18
1
A person guilty of an offence under regulation 17(a) shall be liable on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment to a fine.
2
A person guilty of an offence under regulation 17(b) to (f) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Defence of due diligence
19
1
Subject to the following provisions of this regulation, in proceedings against any person for an offence under regulation 17, it shall be a defence for that person to show that he took all reasonable steps and exercised all due diligence to avoid committing the offence.
2
Where in any proceedings against a person for such an offence the defence provided by paragraph (1) involves an allegation that the commission of the offence was due —
a
to the act or default of another, or
b
to reliance on information given by another,
that person shall not, without the leave of the court, be entitled to rely on the defence unless, not later than 7 clear days before the hearing of the proceedings (or, in Scotland, the trial date), he has served a notice under paragraph (3) on the person bringing the proceedings.
3
A notice under this paragraph shall give such information identifying or assisting in the identification of the person who committed the act or default or gave the information as is in the possession of the person serving the notice at the time he serves it.
4
It is hereby declared that a person shall not be entitled to rely on the defence provided by paragraph (1) by reason of his reliance on information suppied by another, unless he shows that it was reasonable in all the circumstances for him to have relied on the information, having regard in particular —
a
to the steps which he took and those which might reasonably have been taken, for the purpose of verifying the information, and
b
to whether he had any reason to disbelieve the information.
Liability of persons other than the principal offender
20
1
Where the commission by any person of an offence under regulation 17 is due to an act or default committed by some other person in the course of any business of his, the other person shall be guilty of the offence and may be proceeded against and punished by virtue of this paragraph whether or not proceedings are taken against the first-mentioned person.
2
Where a body corporate is guilty of an offence under these Regulations (including where it is so guilty by virtue of paragraph (1)) in respect of any act or default which is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
3
Where the affairs of any body corporate are managed by its members, paragraph (2) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
4
In this regulation, references to a “body corporate” include references to a partnership in Scotland and, in relation to such partnership, any reference to a director, manager, secretary or other similar officer of a body corporate is a reference to a partner.
John Battle,
Minister for Energy and Industry,
Department of Trade and Industry
28th March 1999


text:
Citation and commencement
1
This Order may be cited as the Housing Benefit (Permitted Totals) (Amendment) Order 1999 and shall come into force on 1st April 1999.
Substitution of Schedule to the Housing Benefit (Permitted Totals) Order 1996
2
For the Schedule to the Housing Benefit (Permitted Totals) Order 1996 there shall be substituted the Schedule set out in the Schedule to this Order.
Signed by authority of the Secretary of State for Social Security.
Angela Eagle
Parliamentary Under-Secretary of State,
Department of Social Security
8th March 1999