text:
Citation and commencement
1
These Regulations may be cited as the Aeroplane Noise Regulations 1999 and shall come into force on the seventh day after the day on which they are made.
Revocation and amendment
2
1
The Aeroplane Noise (Limitation on Operation of Aeroplanes) Regulations 1993 and the Aeroplane Noise (Limitation on Operation of Aeroplanes) (Amendment) Regulations 1994 are hereby revoked.
2
The Air Navigation (Noise Certification) Order 1990 shall be amended as follows —
a
in article 4, before “This Order” there shall be inserted
1
Subject to paragraph (2) of this article,
;
b
in article 4, at the end, there shall be added the following paragraph —
2
This Order shall not apply to any aeroplane to which the Aeroplane Noise Regulations 1999 applies.
;
c
in article 5, paragraph (1), the words “, other than an aeroplane to which paragraph (2) applies,”, shall be omitted;
d
in article 5, paragraph (2) shall be omitted;
e
in article 6, paragraphs (2) to (8) shall be omitted;
f
in Schedule 1, in Part I, paragraphs 3(1) and (2) and 4 shall be omitted, and
g
in Schedule 1, Parts II, III , IV and VI shall be omitted.
Interpretation
3
In these Regulations —
“accepted” in relation to a certificate of airworthiness means an application made to the CAA for such a certificate or for the modification of such a certificate which the CAA has not rejected;
“aeroplane” means an aeroplane in respect of which a certificate of airworthiness is in force;
“air carrier” means an air transport undertaking with a valid operating licence;
“authorised person” means any constable and any person authorised by the CAA (whether by name or by class or description) either generally or in relation to a particular case or class of cases;
“the CAA” means the Civil Aviation Authority;
“certificate of airworthiness” has the same meaning as in article 118(1) of the Air Navigation ( No. 2) Order 1995 ;
“Community air carrier” means an air carrier with a valid operating licence granted by a member State or EEA State in accordance with Council Regulation ( EEC ) No. 2407/92 of 23 July 1992 on licensing air carriers ;
“ the Convention ” means the Convention on International Civil Aviation signed on behalf of the United Kingdom at Chicago on 7th December 1944 ;
“the 1989 Council Directive ” means Council Directive 89/629/EEC of 4th December 1989 on the limitation of noise emission from civil subsonic jet aeroplanes;
“the 1992 Council Directive ” means Council Directive 92/14/EEC of 2 March 1992 on the limitation of the operation of aeroplanes covered by Part II, Chapter 2, Volume 1 of Annex 16 as amended by Council Directive 98/20/ EC of 30 March 1998 ;
“derived version” means a modification of a prototype aeroplane which, from the point of view of airworthiness, is similar to the prototype but incorporates changes in type design which may affect its noise characteristics adversely;
“ EEA Agreement ” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 ;
“EEA State” means a State, other than a member State, which is a Contracting Party to the EEA Agreement;
“Government airport” has the same meaning as “Government aerodrome” in the Air Navigation (No. 2) Order 1995;
“noise certificate” means a document issued or validated by a State or by a competent authority of a State attesting noise certification in respect of an aeroplane either by way of a separate certificate or a statement contained in another document approved by the State of registry of the aeroplane and required by that State to be carried in the aeroplane;
“operating licence” means an authorisation granted to an undertaking permitting it to carry out carriage by air of passengers, mail and/or cargo for remuneration and/or hire;
“overseas departments” has the same meaning as in article 2.3 of the 1992 Council Directive;
“total civil subsonic jet fleet” in relation to a Community air carrier means the total aircraft fleet of civil subsonic jet aeroplanes at the disposal of that carrier, through ownership or any form of lease agreement of not less than one year;
“Volume 1 of Annex 16/1981” means the first edition — 1981 of Volume 1 of Annex 16 to the Convention ;
“Volume 1 of Annex 16/1988” means the second edition — 1988 of Annex 16 to the Convention .
Noise certificate requirements for UK registered propeller driven aeroplanes
4
1
This regulation shall apply to any civil propeller-driven aeroplane registered in the United Kingdom and falling within one of the categories set out in Volume 1 of Annex 16/1981.
2
Subject to regulation 6, an aeroplane to which this regulation applies shall not be used in the territories of member States or EEA States unless there is in force in respect of that aeroplane a noise certificate granted by the CAA certifying that —
a
in the case of an aeroplane with a maximum certificated take-off mass which exceeds 5,700 kilograms, other than an aeroplane to which sub-paragraphs (e), (f) or (g) applies, which in the opinion of the CAA —
i
a
conforms to a prototype aeroplane being a prototype in respect of which the CAA accepted an application for a certificate of airworthiness before 6 October 1977, or
b
conforms to a derived version of such a prototype aeroplane, and
ii
was first issued with a certificate of airworthiness on or after 26 November 1981,
the aeroplane meets the standards specified in Part II, Chapter 2 of Volume I of Annex 16/1988, less sections 2.1 and 2.4.2 of that Chapter;
b
in the case of an aeroplane with a maximum certificated take-off mass which exceeds 5,700 kilograms, other than an aeroplane described in section 6.1.1 of Part II of Volume 1 of Annex 16/1988 and other than an aeroplane to which sub-paragraph (h) applies, which in the opinion of the CAA —
i
conforms to a prototype aeroplane being a prototype in respect of which the CAA accepted an application for a certificate of airworthiness on or after 1 January 1985 and before 17 November 1988, or
ii
conforms to a derived version of such a prototype aeroplane,
the aeroplane meets the standards specified in Part II, Chapter 3 of Volume I of Annex 16/1988;
c
in the case of an aeroplane with a maximum certificated take-off mass which exceeds 9,000 kilograms which in the opinion of the CAA —
i
conforms to a prototype aeroplane being a prototype in respect of which the CAA accepted an application for a certificate of airworthiness on or after 17 November 1988, or
ii
conforms to a derived version of such a prototype aeroplane,
the aeroplane meets the standards specified in Part II, Chapter 3 of Volume I of Annex 16/1988;
d
in the case of an aeroplane with a maximum certificated take-off mass which exceeds 5,700 kilograms, other than an aeroplane to which sub-paragraphs (f), (g) or (h) applies, which in the opinion of the CAA —
i
conforms to a prototype aeroplane being a prototype in respect of which the CAA accepted an application for a certificate of airworthiness on or after 6 October 1977 and before 1 January 1985, or
ii
conforms to a derived version of such a prototype aeroplane,
the aeroplane meets the standards specified in Part II, Chapter 5 of Volume I of Annex 16/1988;
e
in the case of an aeroplane with a maximum certificated take-off mass which does not exceed 9,000 kilograms which in the opinion of the CAA —
i
a
conforms to a prototype aeroplane being a prototype in respect of which the CAA accepted an application for a certificate of airworthiness before 1 January 1975, or
b
conforms to a derived version of such a prototype aeroplane being a derived version in respect of which the CAA accepted an application to modify the certificate of airworthiness for the prototype before 17 November 1988, and
ii
was either first issued with a certificate of airworthiness on or after 1 January 1980 or first registered in the United Kingdom on or after that date,
the aeroplane meets the standards specified in Part II, Chapter 6 of Volume I of Annex 16/1988;
f
in the case of an aeroplane with a maximum certificated take-off mass which does not exceed 9,000 kilograms which in the opinion of the CAA —
i
conforms to a prototype aeroplane being a prototype in respect of which the CAA accepted an application for a certificate of airworthiness on or after 1 January 1975 and before 17 November 1988, or
ii
conforms to a derived version of such a prototype aeroplane being a derived version in respect of which the CAA accepted an application to modify the certificate of airworthiness for the prototype on or after 1 January 1975 and before 17 November 1988,
the aeroplane meets the standards specified in Part II, Chapter 6 of Volume I of Annex 16/1988,
g
in the case of an aeroplane with a maximum certificated take-off mass which does not exceed 9,000 kilograms which in the opinion of the CAA —
i
conforms to a derived version of a prototype aeroplane being a prototype in respect of which the CAA accepted an application for a certificate of airworthiness on or after 1 January 1975 and before 17 November 1988, and
ii
in respect of which the CAA accepted an application to modify the certificate of airworthiness for the prototype on or after 17 November 1988,
the aeroplane meets the standards specified in Part II, Chapter 10 of Volume I of Annex 16/1988;
h
subject to sub-paragraph (i), in the case of an aeroplane with a maximum certificated take-off mass which does not exceed 9,000 kilograms and which in the opinion of the CAA —
i
conforms to a prototype aeroplane being a prototype in respect of which the CAA accepted an application for a certificate of airworthiness on or after 17 November 1988, or
ii
conforms to a derived version of such a prototype aeroplane,
the aeroplane, meets the standards specified in Part II, Chapter 10 of Volume I of Annex 16/1988;
i
in the case of an aeroplane with a maximum certificated take-off mass which does not exceed 9,000 kilograms and which in the opinion of the CAA —
i
conforms to a prototype aeroplane being a prototype in respect of which the CAA accepted an application for a certificate of airworthiness on or after 17 November 1998 and before 17 November 1993, or
ii
conforms to a derived version of such a prototype aeroplane being a derived version in respect of which the CAA accepted an application to modify the certificate of airworthiness for the prototype on or after 17 November 1988 and before 17 November 1993,
the areoplane, if it is unable to meet the standards specified in Part II, Chapter 10 of Volume I of Annex 16/1988, meets the standards specified in Part II, Chapter 6 of Volume I of Annex 16/1988;
j
in the case of any other aeroplane, the aeroplane complies with requirements which are at least equal to the applicable standards specified in Part II, Chapters 2, 5 or 6 of Volume 1 of Annex 16/1981.
5
1
Subject to paragraph (3), this regulation shall apply to any civil propeller-driven aeroplane with a maximum certificated take-off mass not exceeding 5,700 kilograms first registered in the United Kingdom on or after 24th July 1980 and not falling within one of the categories set out in Volume 1 of Annex 16/1981.
2
Subject to regulation 6, an aeroplane to which this regulation applies shall not be used in the territories of member States or EEA States unless there is in force in respect of that aeroplane a noise certificate granted by the CAA certifying —
a
in the case of an aeroplane which in the opinion of the CAA —
i
conforms to a prototype aeroplane being a prototype in respect of which the CAA accepted an application for a certificate of airworthiness on or after 1 January 1975 and before 17 November 1988, or
ii
conforms to a derived version of such a prototype aeroplane being a derived version in respect of which the CAA accepted an application to modify the certificate of airworthiness for the prototype on or after 1 January 1975 and before 17 November 1988,
that the aeroplane meets the standards specified in Part II, Chapter 6 of Volume I of Annex 16/1988;
b
in the case of an aeroplane which in the opinion of the CAA —
i
conforms to a derived version of a prototype aeroplane being a prototype in respect of which the CAA accepted an application for a certificate of airworthiness on or after 1 January 1975 and before 17 November 1988, and
ii
in respect of which the CAA accepted an application to modify the certificate of airworthiness for the prototype on or after 17 November 1988,
the aeroplane meets the standards specified in Part II, Chapter 10 of Volume I of Annex 16/1988;
c
in the case of an aeroplane which in the opinion of the CAA conforms to a prototype aeroplane being a prototype in respect of which the CAA accepted an application for a certificate of airworthiness on or after 17 November 1988 or conforms to a derived version of such a prototype aeroplane, that the aeroplane, meets the standards specified in Part II, Chapter 10 of Volume I of Annex 16/1988;
d
in the case of an aeroplane which in the opinion of the CAA conforms to a prototype aeroplane being a prototype in respect of which the CAA accepted an application for a certificate of airworthiness on or after 17 November 1988 and before 17 November 1993 or conforms to a derived version of such a prototype aeroplane, the aeroplane, if it is unable to meet the standards specified in Part II, Chapter 10 of Volume I of Annex 16/1988, meets the standards specified in Part II, Chapter 6 of Volume I of Annex 16/1988;
e
in the case of any other aeroplane, the aeroplane complies with requirements which are at least equal to the applicable standards specified in Part II, Chapter 6 of Volume 1 of Annex 16/1981.
3
This regulation shall not apply to —
a
any aeroplane not satisfying the applicable requirements for noise certification when it can be equipped to those standards provided that —
i
suitable conversion equipment exists for the aeroplane type in question,
ii
aeroplanes fitted with such equipment are capable of achieving the standards required for noise certification,
iii
such equipment is available,
iv
the operator has ordered the equipment, and
v
such equipment is fitted within two years from the date of registration in the United Kingdom, or
b
any aeroplane which has been used before 1st July 1979 by a Community air carrier under a hire purchase or leasing contract concluded by that date, and which for this reason, has been registered in a State other than that in which it is used, or
c
any aeroplane of historic interest.
Exemptions for UK registered propeller driven aeroplanes
6
1
After consultation with the Secretary of State the CAA may grant an exemption from the requirements of paragraph (2) of regulation 4 or paragraph (2) of regulation 5 to permit, in exceptional individual cases, temporary use in the United Kingdom and Gibraltar of aeroplanes which could not otherwise lawfully be operated on the basis of those regulations or paragraph (2).
2
After consulation with the Secretary of State the CAA may grant an exemption from the requirements of paragraph (2) of regulation 4 to authorise the use of any aeroplane with a maximum certificated take-off mass exceeding 5,700 kilograms which is specially designed and manufactured in very few units, and used for the transportation of aeronautical industry products of exceptional sizes, and which cannot be put into service on the basis of that regulation provided that use is restricted to the United Kingdom, Gibraltar and the territories of other consenting member States and EEA States.
Noise certificate requirements for foreign registered propeller driven aeroplanes
7
1
Subject to paragraphs (2) and (3) no civil propeller driven aeroplane registered otherwise than in the United Kingdom, Gibraltar or another member State or EEA State shall land or take-off in the United Kingdom unless there is in force in respect of that aeroplane a noise certificate granted by the competent authority of the State of registry on the basis of satisfactory evidence that the aeroplane complies with requirements which are at least as stringent as those which the aeroplane, were it on the register of the United Kingdom, would be required to meet by virtue of regulation 4 or 5.
2
After consultation with the Secretary of State the CAA may grant an exception from the requirements of paragraph (1) to permit, in exceptional cases, temporary use in the United Kingdom of aeroplanes which could not otherwise lawfully be operated on the basis of that paragraph or paragraph (3).
3
After consultation with the Secretary of State the CAA may grant an exemption from the requirements of paragraph (1) to authorise the use of any aeroplane with a maximum certificated take-off mass exceeding 5,700 kilograms which is specially designed and manufactured in very few units, and used for the transportation of aeronautical industry products of exceptional sizes, and which cannot be put into service on the basis of that paragraph.
Noise certificate requirements for civil subsonic jet aeroplanes
8
1
Subject to paragraph (3), this regulation shall apply to any civil subsonic jet aeroplane registered in the United Kingdom and falling within one of the categories set out in Volume 1 of Annex 16/1981.
2
Subject to regulation 25, an aeroplane to which this regulation applies shall not be used in the territories of member States or EEA States unless there is in force in respect of that aeroplane a noise certificate granted by the CAA certifying that the aeroplane complies with requirements which are at least equal to the applicable standards specified in Part II, Chapters 2 or 3 of Volume 1 of Annex 16/1981.
3
This regulation shall not apply to any aeroplane to which regulation 10 or 12 or, on or after 1 April 2002, regulation 14 applies but it shall apply to any such aeroplane for the time being exempted from the requirements of any of those regulations if that aeroplane would otherwise fall within the description set out in paragraph (1).
9
1
Subject to paragraph (3), this regulation shall apply to any civil subsonic jet aeroplane registered in the United Kingdom.
2
Subject to regulation 25, an aeroplane to which this regulation applies shall not be used in the territories of member States or EEA States unless there is in force in respect of that aeroplane a noise certificate granted by the CAA certifying that the aeroplane complies with requirements which are at least equal to the standards specified in Part II, Chapter 2, of Volume 1 of Annex 16/1981.
3
This regulation shall not apply to any aeroplane to which regulation 8, 10 or 12 or, on or after 1 April 2002, regulation 14 applies but it shall apply to any such aeroplane for the time being exempted from the requirements of paragraph (2) of regulation 10, paragraph (2) of regulation 12 or paragraph (2) of regulation 14 if that aeroplane would otherwise fall within the description set out in paragraph (1).
10
1
Subject to paragraph (3), this regulation shall apply to any civil subsonic jet aeroplane, registered in the United Kingdom after 1st November 1990, which has a maximum take-off mass of more than 34,000 kilograms and a capacity of more than 19 seats and powered by engines having a by-pass ratio of less than 2.
2
Subject to regulations 21 and 22, an aeroplane to which this regulation applies shall not be operated in the territories of member States or EEA States unless there is in force in respect of that aeroplane a noise certificate granted by the CAA certifying that the aeroplane complies with requirements which are at least equal to the standards specified in Part II, Chapter 3, Volume 1 of Annex 16/1988.
3
This regulation shall not apply —
a
to any aeroplane entered on the register of a member State or EEA State on 1st November 1990,
b
to any aeroplane used only in the territories of the overseas departments,
c
on or after 1st April 2002, to any aeroplane to which regulation 14 applies.
11
1
Subject to paragraph (2) no civil subsonic jet aeroplane which is registered otherwise than in the United Kingdom, Gibraltar or another member State or EEA State shall land or take-off in the United Kingdom unless there is in force in respect of that aeroplane a noise certificate granted by the competent authority of the State of registry certifying that the aeroplane complies with requirements which are at least equal to the standards specified in Part II, Chapter 2, of Volume 1 of Annex 16/1981.
2
This regulation shall not apply to any aeroplane to which regulation 12 or, on or after 1st April 2002, regulation 14 applies but it shall apply to any such aeroplane for the time being exempted from the requirements of either of those regulations if that aeroplane would otherwise fall within the description set out in paragraph (1).
12
1
Subject to paragraph (3) and to regulation 13, this regulation applies to any civil subsonic jet aeroplane with a maximum take-off mass of 34,000 kilograms or more or with a certified maximum internal accommodation for the aeroplane type in question of more than 19 passenger seats, excluding any seats for crew only, and in either case fitted with engines having a by-pass ratio of less than 2.
2
Subject to regulations 20 and 22 to 25 an aeroplane to which this regulation applies shall not be operated at any airport in the United Kingdom unless there is in force in respect of that aeroplane a noise certificate granted, in the case of an aeroplane registered in the United Kingdom by the CAA, in the case of an aeroplane registered in Gibraltar by the competent authority for Gibraltar and in the case of an aeroplane registered elsewhere by the competent authority of the State of registry, certifying that the aeroplane meets either —
a
the standards specified in Part II, Chapter 3, Volume 1 of Annex 16/1988, or
b
the standards specified in Part II, Chapter 2, Volume 1 of Annex 16/1988, provided that the aeroplane was first issued an individual certificate of airworthiness less than 25 years before 1 April 1995.
3
This regulation shall not apply —
a
to any aeroplane on the register of a member State or EEA State other than the United Kingdom in respect of which there is in force an exemption granted by that State pursuant to articles 4 to 7 of the 1992 Directive,
b
to any aeroplane on a register kept for Gibraltar in respect of which there is in force an exemption granted by Gibraltar pursuant to articles 4 to 7 of the 1992 Directive,
c
before 1st April 2002, to any aeroplane the subject of the 1989 Directive,
d
on or after 1 April 2002, to any aeroplane to which regulation 14 applies.
13
1
Subject to paragraph (2), regulation 12 shall not apply in relation to any aeroplane listed in the Schedule to these Regulations insofar as —
a
that aeroplane, having been granted noise certification to the standards specified in Part II, Chapter 2, Volume 1 of Annex 16/1988, operated into any airport in the territories of member States or EEA States in a twelve month reference period between 1986 and 1990 selected in conjunction with the States concerned, and
b
that aeroplane was on the register of the developing nation shown for that aeroplane in the Schedule to these Regulations in that twelve month reference period and continues to be used either directly or under any form of lease agreement by a natural or legal person established in that nation.
2
Paragraph (1) shall not apply in relation to an aeroplane listed in the Schedule to these Regulations where that aeroplane is leased to a natural or legal person who is not established in the developing nation shown for that aeroplane in the said Schedule.
14
1
Subject to paragraph (3), this regulation applies to any civil subsonic jet aeroplane with a maximum take-off mass of 34,000 kilograms or more or with a certified maximum internal accommodation for the aeroplane type in question of more than 19 passenger seats, excluding any seats for crew only.
2
Subject to regulations 22 and 25, an aeroplane to which this regulation applies shall not be operated at any airport in the United Kingdom on or after 1st April 2002 unless there is in force in respect of that aeroplane a noise certificate granted, in the case of an aeroplane registered in the United Kingdom by the CAA, in the case of an aeroplane registered in Gibraltar by the competent authority for Gibraltar and in the case of an aeroplane registered elsewhere by the competent authority of the State of registry, certifying that the aeroplane complies with requirements which meet the standards specified in Part II, Chapter 3, Volume 1 of Annex 16/1988.
3
This regulation shall not apply —
a
to any aeroplane on the register of a member State or EEA State other than the United Kingdom in respect of which there is in force an exemption granted by that State pursuant to article 5.2 of the 1992 Directive,
b
to any aeroplane on a register kept for Gibraltar in respect of which there is in force an exemption granted by Gibraltar pursuant to article 5.2 of the 1992 Directive.
Content of noise certificates
15
The noise certificate referred to in regulations 4 and 5 and 7 to 9 shall provide at least the following information —
a
the State of registry and registration mark of the aeroplane,
b
the manufacturer’s serial number,
c
the manufacturer’s type and model designation,
d
a statement of any additional modifications incorporated for the purpose of compliance with the applicable noise certification standards,
e
the maximum mass at which compliance with the applicable noise certification standards has been demonstrated, and
f
for aeroplanes for which application or certification is submitted on or after 6 October 1977: the noise level or levels and their 90 per cent confidence limits at the reference point or points for which compliance with the applicable noise certification standards has been demonstrated.
Grant of noise certificates by the CAA
16
1
The CAA shall grant a noise certificate in respect of any aeroplane registered in the United Kingdom to which these Regulations apply if it is satisfied on the basis of satisfactory evidence that the aeroplane complies with the standard specified for that aeroplane in these Regulations.
2
For the purposes of determining the standard applicable to an aeroplane to which regulation 4 or 5 applies where the interval between —
a
the application for a certificate of airworthiness for a prototype aeroplane and the first issue of a certificate for an aeroplane of that type; or
b
the application to modify a certificate of airworthiness for a prototype aeroplane and the first issue of a certificate for an aeroplane of that type as modified,
exceeds 5 years, the date on which the application was made shall be deemed to be 5 years before the date of the first issue of the certificate.
3
The CAA shall grant every noise certificate subject to a condition as to the maximum total weights at which the aeroplane may land or take-off and may grant such a certificate subject to such other conditions relating to standards as to noise as it thinks fit.
4
Subject to paragraph (5) and regulations 17 and 26 a noise certificate granted by the CAA under these Regulations shall remain in force without limit of time.
5
A noise certificate granted by the CAA under these Regulations shall cease to be sufficient —
a
at such time as the aeroplane or any part of it is modified, in any way which affects the ability of the aeroplane to comply with the noise standard required by these Regulations, otherwise than in a manner and with material of a type approved by the CAA either generally or in relation to a class of aeroplane or to a particular aeroplane, and
b
until the completion of any inspection or test of the aeroplane required by the CAA to be made, which shows that the aeroplane complies with the noise standard required by these Regulations.
Suspension and revocation of noise certificates and exemptions by the CAA
17
1
The CAA may, if it thinks fit, provisionally suspend or vary any noise certificate or provisionally suspend any exemption granted by it under these Regulations pending inquiry into or consideration of the case. Subject to regulation 26, the CAA may, after sufficient ground being shown to its satisfaction after due inquiry, revoke or vary any such certificate or revoke any such exemption.
2
The holder or any person having the possession or custody of any noise certificate or exemption which has been revoked by the CAA under these Regulations shall surrender it to the CAA within a reasonable time after being required to do so by it.
3
The breach of any condition subject to which any noise certificate has been granted by the CAA under these Regulations shall render the certificate invalid during the continuance of the breach.
Carriage and production of noise certificate
18
1
An aeroplane to which regulation 4, 5, 8, 9 or 10 applies shall not be used in the territories of member States or EEA States unless the noise certificate required by these Regulations to be in force in respect of that aeroplane is carried on board the aeroplane.
2
An aeroplane to which regulation 7, 11, 12 or 14 applies shall not take off from or land in the United Kingdom unless the noise certificate required by these Regulations to be in force in respect of that aeroplane is carried on board the aeroplane.
3
The commander of an aeroplane shall, within a reasonable time after being requested to do so by the CAA or an authorised person, cause to be produced to the CAA or that person the noise certificate in force in respect of that aeroplane.
Recognition of noise certificates and exemptions issued by other member States or EEA States
19
1
A noise certificate granted by the competent authority of a member State or EEA State other than the United Kingdom attesting noise certification in respect of an aeroplane registered in the territory of that State to the effect that the aeroplane complies with requirements which are at least equal to the applicable standards specified in Part II, Chapters 2, 3, 5 or 6 of Volume I of Annex 16/1981 shall be recognised as valid.
2
Exemptions granted by a member State or EEA State other than the United Kingdom pursuant to article 4 or 5 of the 1989 Council Directive shall be recognised as valid.
Exemption for jet aeroplanes subject to conversion
20
The CAA shall grant an exemption from the requirements of paragraph (2) of regulation 12 in relation to any aeroplane which does not meet the standards of Chapter 3 of Volume 1 of Annex 16/1988 but which can be altered to meet those standards provided that —
a
suitable conversion equipment exists and is actually available for the aeroplane type in question,
b
aeroplanes fitted with such equipment meet the standards of Chapter 3 of Volume 1 of Annex 16/1988,
c
the equipment was ordered by 1st April 1994, and
d
the earliest delivery date for such alterations was accepted.
Exemption where jet aeroplanes accidentally destroyed
21
1
After consultation with the Secretary of State, the CAA may grant an exemption from the requirements of paragraph (2) of regulation 10 in relation to an aeroplane which replaces one which has been accidentally destroyed provided that the requirements contained in paragraph (2) are satisfied.
2
The requirements referred to in paragraph (1) are that —
a
the operator is unable to replace the aeroplane accidentally destroyed with a comparable aeroplane —
i
which is available on the market, and
ii
in respect of which there is in force a noise certificate certifying that the aeroplane meets the standards referred to in paragraph (2) of regulation 10, and
b
the registration of the replacement aeroplane in the United Kingdom is carried out within one year of the date on which the replaced aeroplane was accidentally destroyed.
Exemption for jet aeroplanes of historical interest
22
After consultation with the Secretary of State, the CAA may grant an exemption from the requirements of paragraph (2) of regulation 10, paragraph (2) of regulation 12 or paragraph (2) of regulation 14 in relation to any aeroplane of historical interest.
Exemption where air carrier’s operations adversely affected to an unreasonable extent
23
After consultation with the Secretary of State, the CAA may grant an exemption from the 25 year period specified in regulation 12(2)(b) for not more than three years in total in relation to any aeroplane in respect of which an air carrier demonstrates that the pursuit of its operations would otherwise be adversely affected to an unreasonable extent.
Exemption to permit phasing of deletions from register
24
1
Subject to the approval of the CAA after the CAA has consulted with the Secretary of State, nothing in paragraph (2) of regulation 12 shall require the deletion from the United Kingdom register of aeroplanes which do not meet the standards of Chapter 3 of Volume 1 of Annex 16/1988 at an annual rate equivalent to more than 10% of the total civil subsonic jet fleet of a Community air carrier.
2
Where the CAA has applied an equivalent exemption in respect of an aeroplane on the register of a third country which operated into the United Kingdom or Gibraltar before 27th April 1998 that exemption shall continue to have effect provided that the air carrier operating the aeroplane in question complies with the conditions subject to which the equivalent exemption was granted.
3
For the purposes of paragraph (2) “equivalent exemption” means an exemption having effect equivalent to the effect of the provisions of paragraph (1).
Temporary exemption for jet aeroplanes
25
1
After consultation with the Secretary of State, the CAA may grant an exemption from the requirements of paragraph (2) of regulation 8 or paragraph (2) of regulation 9 to permit, in exceptional individual cases, temporary use in the United Kingdom and Gibraltar of aeroplanes which could not otherwise lawfully be operated on the basis of that regulation.
2
Subject to paragraph (3), after consultation with the Secretary of State, the CAA may grant an exemption from the requirements of paragraph (2) of regulation 12 or paragraph (2) of regulation 14 to permit the temporary use at any airport situated in the United Kingdom of any aeroplane which could not otherwise lawfully be operated on the basis of regulations 12, 14 or 22 to 24.
3
The CAA shall not grant such an exemption under paragraph (2) unless —
a
the operations of the aeroplane are of such an exceptional nature that it would be unreasonable to withhold such an exemption; or
b
the aeroplane is being operated on a non-revenue flight for the purposes of alterations, repair or maintenance.
Review of CAA decisions
26
1
A decision by the CAA to —
a
refuse to grant a noise certificate or exemption,
b
revoke or vary a noise certificate, or
c
revoke an exemption
may be made on behalf of the CAA only by a member or employee of the CAA. Where the CAA makes a decision with respect to any of the matters referred to in this paragraph it shall serve on the applicant for a noise certificate or exemption or the holder or any person having the possession or custody of the noise certificate or exemption, as the case may be, a notice stating the reasons for the decision and the applicant or holder may, within 14 days after the date of service of that notice, serve on the CAA a request that the case be reviewed by the CAA.
2
The function of deciding a case where such a request has been duly served on the CAA may not be performed on behalf of the CAA by any other person and for the purpose of making any decision in such a case a quorum of the CAA shall be one member. The CAA shall sit with such technical assessors to advise it as the CAA may appoint but the CAA shall not appoint as an assessor any person who participated in the decision which is the subject of the CAA’s review. Where such a request has been duly served the CAA shall, before making a decision, consider any representations which may have been served on it by the person concerned within 21 days after the date of service of the notice given by the CAA pursuant to paragraph (1). Where the CAA makes a decision pursuant to this paragraph it shall be the duty of the CAA to serve a statement of its reasons for the decision on the person concerned.
3
Anything required to be served on any person under this regulation shall be set out in a notice in writing which may be served by —
a
delivering it to that person,
b
leaving it at his proper address,
c
sending it by post to that address, or
d
sending it to him at that address by telex or other similar means which produce a document containing the text of the communication, in which event the document shall be regarded as served when it is received,
and where the person is a body corporate the document may be served on the secretary of that body.
4
For the purpose of this regulation, the proper address of any person shall, in the case of a body corporate, be the registered or principal office of that body and in any other case be the last known address of the person to be served.
5
In this regulation “vary a noise certificate” means the addition, omission or variation of any conditions subject to which a noise certificate may be granted.
CAA’s duty in relation to exemptions
27
1
Before the CAA grants any exemption under regulation 6(2) or 7(3) it shall first inform the Commission of its proposal to do so.
2
If the CAA grants an exemption under regulation 21 or under regulation 22 relating to the requirements in paragraph (2) of regulation 10 or suspends or revokes such an exemption the CAA shall inform the Commission and the competent authorities of the other member States and EEA States of that fact.
3
If the CAA grants an exemption under any provision in regulation 20, 22 (insofar as that regulation relates to the requirements in paragraph (2) of regulation 12 or paragraph (2) of regulation 14), 23 or 24 or suspends or revokes such an exemption it shall inform the Commission and the competent authorities of the other member States and EEA States of that fact and of the grounds for its decision.
Power to prevent aeroplanes flying
28
Where the CAA or an authorised person has reason to believe that an aeroplane is intended to be operated by any person without the noise certificate required to be in force in respect of that aeroplane the CAA or the authorised person may —
a
give to the person appearing to the CAA or the authorised person to be in command of the aeroplane a direction that he shall not permit the aeroplane to take off until the CAA or the authorised person has informed him that the direction is cancelled,
b
whether or not the CAA or the authorised person has given such a direction, detain the aeroplane until the CAA or the authorised person is satisfied that the aeroplane will not be so operated,
and a person, who, without reasonable excuse, fails to comply with a direction given to him in pursuance of this regulation shall be guilty of an offence.
Right of access to airports and other places
29
1
Subject to paragraph (2), for the purposes of ascertaining whether the provisions of these Regulations are being complied with, the CAA and any authorised person, upon production (if required) of his credentials, shall have the right of access at all reasonable times to any airport or any other place in the United Kingdom where an aeroplane has landed for the purpose of inspecting that aeroplane or any noise certificate required to be in force in respect of that aeroplane or for the purpose of detaining that aeroplane under regulation 28.
2
In relation to any Government airport, the CAA or the authorised person (as the case may be) shall obtain the permission of the person in charge of that airport before exercising the right of access referred to in paragraph (1).
3
Any person who intentionally obstructs or impedes any person acting in the exercise of his powers or the performance of his duties under this regulation shall be guilty of an offence.
Circumvention
30
1
This regulation shall apply to any civil subsonic jet aeroplane not registered in any member State or EEA State which has a maximum take-off mass of more than 34,000 kilograms and a capacity of more than 19 seats, powered by engines having a by-pass ratio of less than 2 and for which there is not in force a noise certificate certifying that the aeroplane complies with requirements which are at least equal to the standards specified in Part II, Chapter 3, Volume 1 of Annex 16/1988.
2
An aeroplane to which this regulation applies shall not be operated in the United Kingdom if its operation would have the effect of circumventing regulation 10(2).
3
Any person who agrees any form of leasing agreement which has the effect referred to in paragraph (2) shall be guilty of an offence.
Penalties
31
1
If any provision of these Regulations is contravened in relation to an aeroplane the operator of that aeroplane and the commander thereof shall (without prejudice to the liability of any other person under these Regulations for that contravention) be deemed for the purposes of the following provisions of this regulation to have contravened that provision unless he proves that the contravention occurred without his consent or connivance and that he exercised all due diligence to prevent the contravention.
2
If it is proved that an act or omission of any person which would otherwise have been a contravention by that person of a provision of these Regulations was due to any cause not avoidable by the exercise of reasonable care by that person, the act or omission shall be deemed not to be a contravention by that person of that provision.
3
If any person contravenes regulation 18 he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
4
If any person contravenes any other provision of these Regulations, he shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Liability of persons other than principal offender
32
1
Where an offence under these Regulations has been committed by a body corporate and is proved 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 be liable to be proceeded against and punished accordingly.
2
Where the affairs of a body corporate are managed by its members, paragraph (1) 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.
3
Where a Scottish partnership is guilty of an offence under these Regulations and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Signed by authority of the Secretary of Statefor the Environment, Transportand the Regions
Glenda Jackson
Parliamentary Under Secretary of State,Department of the Environment,Transport and the Regions
20th May 1999


type: legislation

jurisdiction: UK

text:
1
These Rules may be cited as the Justices' Clerks Rules 1999 and shall come into force on 1st November 1999.
2
The things specified in the Schedule to these Rules, being authorised to be done by, to or before a single justice of the peace for a petty sessions area, may be done by, to or before the justices' clerk for that area.
3
1
The things specified in paragraphs 1 to 37 of the Schedule to these Rules, being things authorised to be done by, to or before a justices' clerk, may be done instead by, to or before a person appointed by a magistrates' courts committee to assist him, provided that that person has been specifically authorised by the justices' clerk for that purpose, and any reference in the Schedule to a justices' clerk shall be taken to include such a person.
2
The powers authorised to be exercised by a justices' clerk at an early administrative hearing under section 50 of the Crime and Disorder Act 1998 may be exercised instead by a person appointed by a magistrates' courts committee to assist him, provided that that person has been specifically authorised by the justices' clerk for that purpose.
3
Any authorisation by the justices' clerk under paragraph (1) or (2) above shall be recorded in writing at the time the authority is given or as soon as is practicable thereafter.
4
The Justices' Clerks Rules 1970 , the Justices' Clerks (Amendment) Rules 1975 , the Justices' Clerks (Amendment) Rules 1976 , the Justices' Clerks (Amendment) Rules 1978 , the Justices' Clerks (Amendment) Rules 1983 and the Justices' Clerks (Amendment) Rules 1997 are hereby revoked.
Irvine of Lairg, C.
Dated 5th October 1999


text:
1
This Order may be cited as the A4 Trunk Road (Bath Road and Sipson Road, Hillingdon) (Prohibition of Turns) Order 1999 and shall come into force on 7th February 1999.
2
In this Order:
“the trunk road” means that length of the A4 Trunk Road in the London Borough of Hillingdon known as Bath Road;
“Sipson Road” means the road of that name in the London Borough of Hillingdon; and
“the Excelsior Slip Road” means that length of the trunk road which links the M4 Motorway (Heathrow Airport Spur Road) with its main eastbound carriageway.
3
Save as provided in article 4 below, no person shall cause or permit any vehicle–
a
having entered the main eastbound carriageway of the trunk road from the Excelsior Slip Road to proceed in any direction other than eastwards,
b
proceeding in the offside lane of the Excelsior Slip Road to turn left at the junction with Sipson Road,
c
proceeding in the main eastbound or westbound carriageway of the trunk road to make a U-turn at the junction with Sipson Road so as to proceed in the opposite direction, or
d
proceeding in the offside lane of the main eastbound or westbound carriageway of the trunk road at the junction with Sipson Road to turn left or proceed straight ahead.
4
Nothing in article 3 above shall apply to:–
a
any vehicle being used for Police, Fire Brigade or Ambulance purposes; or
b
anything done at the direction or with the permission of a constable in uniform or a traffic warden.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
A.R. Mellors
A Grade 7 Officer, Highways Agency, London Network & Customer Services Division
29th January 1999


text:
Citation
1
This Order may be cited as the Road Traffic (NHS Charges) Act 1999 (Commencement No. 1) Order 1999.
Appointed day
2
The Road Traffic (NHS Charges) Act 1999 shall, except in relation to military hospitals as defined in section 15(2) of that Act, come into force on 5th April 1999.
Signed by authority of the Secretary of State for Health
Hayman
Parliamentary Under Secretary of State,
Department of Health
1st April 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Southern Derbyshire Acute Hospitals National Health Service Trust (Transfer of Trust Property) Order 1999 and shall come into force on 1st April 1999.
2
In this Order–
“the Authority” means the Southern Derbyshire Health Authority;
“the Trust” means the Southern Derbyshire Acute Hospitals National Health Service Trust;
“the trust property” means the property specified in a schedule of trust property prepared by, agreed upon by and signed on behalf of the Authority and the Trust on 13th August 1998.
Transfer of trust property
2
On 1st April 1999 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
8th March 1999


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Income Support (General) (Standard Interest Rate Amendment) (No. 2) Regulations 1999 and shall come into force on 21st March 1999.
2
These Regulations shall have effect in relation to any particular claimant–
a
in a case where income support is paid to the claimant in arrears in accordance with paragraph 7(1)(i) of Schedule 7 to the Claims and Payments Regulations (date when change of circumstances is to take effect)–
i
from the first day of the benefit week which includes 28th March 1999; or
ii
if the claim for income support is for a period commencing after 28th March 1999, from the first day of the first benefit week commencing after 21st March 1999;
b
in a case where income support is paid to the claimant in advance in accordance with paragraph 7(1)(ii) of Schedule 7 to the Claims and Payments Regulations, from the first day of the first benefit week commencing after 28th March 1999,
and for this purpose, the expressions “claimant” and “benefit week” have the same meanings as in regulation 2(1) of the Income Support Regulations (interpretation).
3
In these Regulations, “the Claims and Payments Regulations” means the Social Security (Claims and Payments) Regulations 1987 and “the Income Support Regulations ” means the Income Support (General) Regulations 1987 .
Amendment of Schedule 3 to the Income Support Regulations
2
In paragraph 12(1)(a) of Schedule 3 to the Income Support Regulations (standard rate of interest on qualifying loans), for the words “8.24 per cent.” there shall be substituted the words “7.75 per cent.”.
Revocation of the Income Support (General) (Standard Interest Rate Amendment) Regulations 1999
3
The Income Support (General) (Standard Interest Rate Amendment) Regulations 1999 are hereby revoked save that those Regulations shall continue to have effect until the day before the first day of the benefit week having effect in relation to any particular claimant for the purpose of regulation 1(2) of these Regulations.
Signed by authority of the Secretary of State for Social Security.
Angela Eagle
Parliamentary Under-Secretary of State,
Department of Social Security
16th February 1999


text: 1 These Regulations may be cited as the Dual-Use and Related Goods (Export Control) (Amendment No. 3) Regulations 1999 and shall come into force on 26th July 1999. 2 1 The following amendment shall be made in Schedule 2 to the Dual-Use and Related Goods (Export Control) Regulations 1996 . 2 In Category 1–Materials, Chemicals, Microorganisms & Toxins, a entry 1C950a shall be replaced by the following:– a Mixtures containing one or more of the chemicals specified in entries 1C350.1, .3, .5, .11, .12, .13, .17, .18, .21, .22, .26, .27, .28, .31, .32, .33, .34, .35, .36 and .54 of “Annex I" where the chemical constitutes more than 10% by weight of the mixture; , and b in entry 1C950b, the words “mixtures containing any of the chemicals" shall be replaced by the words “mixtures containing one or more of the chemicals". Kim Howells Parliamentary Under Secretary of State for Competition and Consumer Affairs, Department of Trade and Industry 22nd July 1999


text:
Commencement and citation
1
This Order may be cited as The A205 Trunk Road (Lewisham) Red Route Traffic Order 1998 Variation Order 1999, and shall come into force on 10th December 1999.
Variations
2
The A205 Trunk Road (Lewisham) Red Route Traffic Order 1998 is varied by the following provisions of this Order.
3
In Schedule 2B item 2 is substituted as follows:
north side, from a point 10.0 metres east of the common boundary of Nos. 249 and 251 Brownhill Road, eastwards for a distance of 69.0 metres.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
29th November 1999


text:
Citation and commencement
1
This Order may be cited as the Warrington Hospital National Health Service Trust (Establishment) Amendment Order 1999 and shall come into force on 25th January 1999.
Amendment of Establishment Order
2
For article 3 of the Warrington Hospital National Health Service Trust (Establishment) Order 1992 (nature and functions of the trust) there shall be substituted the following article: —
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1)(b) of the Act.
2
The trust’s functions shall be to provide and manage pursuant to section 5(1)(b) of the Act —
a
Warrington District Hospital, Lovely Lane, Warrington, Cheshire WA5 1QG;
b
Highfield Hospital, Highfield Road, Widnes, Cheshire WA7 3JA;
and other associated hospitals, establishments and facilities in the area of North Cheshire Health Authority, and from there to provide and manage Hospital Accommodation and Services.
Signed by authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
12th January 1999


text:
1
This Order may be cited as the Stansted Airport Aircraft Movement Limit (Amendment) Order 1999 and shall come into force on the day after the day on which it is made.
2
For article 2 of the Stansted Airport Aircraft Movement Limit Order 1987, there shall be substituted–
2
Subject to article 3, at Stansted Airport the number of occasions on which aircraft may take-off or land shall be limited–
a
to 120,000 in the period commencing on the date of coming into force of this Order and ending on 29th February 2000; and
b
to 185,000 in each succeeding period of one year commencing on 1st March 2000.
.
Signed by authority of the Secretary of State
Glenda Jackson
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
26th July 1999


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 and shall come into force on 5th October 1999 immediately after the coming into force of section 2(1)(c) of the Tax Credits Act 1999.
2
These Regulations have effect —
a
with respect only to tax credit, and
b
with respect to award periods of tax credit commencing on or after 5th October 1999.
Interpretation
2
In these Regulations unless the context otherwise requires —
“the principal Regulations ” means the Social Security and Child Support (Decisions and Appeals) Regulations 1999 and “regulation” means a regulation of the principal Regulations;
“tax credit” means working families' tax credit or disabled person’s tax credit, construing those terms in accordance with section 1(1) of the Tax Credits Act 1999.
Amendments to the principal Regulations
3
In regulation 1(2)(d) for the words “family credit and disability working allowance” there shall be substituted the words “working families' tax credit and disabled person’s tax credit”.
4
In regulation 1(3) —
a
in paragraph (a) of the definition of “the date of notification” after the words “Secretary of State” there shall be inserted the words “or an officer of the Board”;
b
in the definition of “party to the proceedings” after the words “Secretary of State” there shall be inserted the words “or, as the case may be, the Board or an officer of the Board,”;
c
after the definition of “referral” there shall be inserted the following definition —
“tax credit” means working families' tax credit or disabled person’s tax credit, construing those terms in accordance with section 1(1) of the Tax Credits Act 1999;
.
5
In regulation 2 —
a
in paragraph (a) —
i
after the words “Secretary of State”, where those words first occur, there shall be inserted the words “or to an officer of the Board”;
ii
after the words “Secretary of State”, where those words secondly occur, there shall be inserted the words “or by an officer of the Board”;
b
in paragraph (b) —
ii
for the words “or to an officer”, there shall be substituted the words “or an officer”.
iii
after the words “Secretary of State”, where those words secondly occur, there shall be inserted the words “or an officer of the Board”.
6
1
Regulation 3 shall be amended as follows.
2
In paragraphs (1), (2) and (7) to (9), after the words “Secretary of State”, wherever occurring, there shall be inserted the words “or the Board or an officer of the Board”.
3
In paragraphs (1) and (2) after the word “he” there shall be inserted the words “or they”, and in paragraph (1) after the word “him” there shall be inserted the words “or them”.
4
In paragraph (5) —
a
for the words “Secretary of State”, in the first place where they occur, there shall be substituted the words “Board or an officer of the Board”;
b
for sub-paragraph (b) there shall be substituted the following sub-paragraph —
b
which was made in ignorance of, or was based on a mistake as to, some material fact,
;
c
for the words “at any time by the Secretary of State” there shall be substituted the words “by the Board or an officer of the Board at any time not later than the end of the period of six years immediately following the date of the decision or, where ignorance of the material fact referred to in sub-paragraph (b) was caused by the fraudulent or negligent conduct of the claimant, not later than the end of the period of twenty years immediately following the date of the decision.”
5
In paragraph (10) after the words “Secretary of State” there shall be inserted the words “or the Board”.
6
In paragraph (11) after sub-paragraph (d) there shall be added
or
e
in the case of a person who has claimed working families' tax credit or disabled person’s tax credit, a Tax Credits Office, the address of which is indicated on the notification of the original decision.
7
In regulation 4(4) and (5) after the words “Secretary of State” there shall be inserted the words “or the Board or an officer of the Board”.
8
In regulation 5 after the words “Secretary of State” there shall be inserted the words “or the Board or an officer of the Board”.
9
1
Regulation 6 shall be amended as follows.
2
In paragraph (2) —
a
after the words “Secretary of State's” there shall be inserted the words “or the Board's”;
b
in sub-paragraph (b) —
i
after the words “Secretary of State”, in the first place where they occur, there shall be inserted the words “or the Board or an officer of the Board”;
ii
after the words “Secretary of State” in paragraph (ii) there shall be inserted, in each place where they occur, the words “or the Board”;
iii
after the word “his” in paragraph (ii) there shall be inserted the words “or their”;
c
in sub-paragraph (e) after the words “Secretary of State” there shall be inserted the words “or the Board or an officer of the Board”.
3
In paragraph (3) after the words “Secretary of State” there shall be inserted the words “or the Board or an officer of the Board”.
4
In paragraph (4) —
a
after the words “Secretary of State requires” there shall be inserted the words “or the Board require”;
b
after the word “he” there shall be inserted the words “or they”;
c
in sub-paragraph (a) after the words “Secretary of State” there shall be inserted the words “or the Board”.
5
In paragraph (5) after the words “Secretary of State” there shall be inserted the words “or the Board”.
10
In regulation 7(5) after the words “Secretary of State supersedes” there shall be inserted the words “or the Board supersede”.
11
In regulation 8 —
a
in paragraph (4) after the words “Secretary of State is satisfied” there shall be inserted the words “or the Board are satisfied”;
b
in paragraph (5) after the words “Secretary of State” there shall be inserted the words “or the Board”.
12
1
Regulation 16 shall be amended as follows.
2
In paragraph (1) after the words “Secretary of State” there shall be inserted the words “or the Board”.
3
In paragraph (3) —
a
in sub-paragraph (a) —
i
after the words “Secretary of State” there shall be inserted the words “or the Board”;
ii
in paragraph (iv) after the word “him” there shall be inserted the words “or them”;
b
in sub-paragraph (b) after the words “Secretary of State” there shall be inserted the words “or the Board”.
4
In paragraph (4) —
a
after the words “Secretary of State certifies” there shall be inserted the words “or the Board certify”;
b
after the words “he proposes” there shall be inserted the words “or they propose”.
13
For regulations 17 and 18 there shall be substituted the following regulations —
Provision of information or evidence
17
1
This regulation applies where the Board require information or evidence for a determination whether a decision awarding tax credit should be —
a
revised under section 9; or
b
superseded under section 10.
2
The relevant person shall furnish such certificates, documents, information and evidence as may be required by the Board for the purposes of paragraph (1), and shall do so within one month of being required to do so or such longer period as the Board may consider reasonable.
3
In paragraph (2) “the relevant person” means any of the following —
a
the claimant concerned;
b
where the tax credit could have been claimed by either of two partners or where entitlement to or the amount of the tax credit was affected or liable to be affected by the circumstances of either partner, the partner other than the claimant;
c
the employer of the claimant or, where sub-paragraph (b) applies, the employer of the partner other than the claimant.
4
Where the claimant or any partner of the claimant is aged not less than 60 and is a member of, or a person deriving entitlement to a pension under, a personal pension scheme, or is a party to, or a person deriving entitlement to a pension under, a retirement annuity contract, the claimant shall, where the Board so require and within one month of being required to do so or such longer period as the Board may consider reasonable, furnish the following information —
a
the name and address of the pension fund holder;
b
such other information, including any reference number or policy number, as is needed to enable the personal pension scheme or retirement annuity contract to be identified.
5
A pension fund holder to whom paragraph (4) applies shall, where the Board so require and within one month of being required to do so or such longer period as the Board may consider reasonable, provide the Board with the information specified in paragraph (6).
6
The information referred to in this paragraph is —
a
where the purchase of an annuity under a personal pension scheme has been deferred, the amount of any income which is being withdrawn from the personal pension scheme;
b
in the case of —
i
a personal pension scheme where income withdrawal is available, the maximum amount of income which may be withdrawn from the scheme; or
ii
a personal pension scheme where income withdrawal is not available, or a retirement annuity contract, the maximum amount of income which might be withdrawn from the fund if the fund were held under a personal pension scheme where income withdrawal was available,
calculated by or on behalf of the pension fund holder by means of tables prepared from time to time by the Government Actuary which are appropriate for this purpose.
7
Every person providing childcare in respect of which a claimant to whom regulation 46A of the Family Credit (General) Regulations 1987 applies is incurring relevant childcare charges (within the meaning of that regulation), including a person providing childcare on behalf of a school, local authority, childcare scheme or establishment within paragraph (2)(b), (c) or (d) of that regulation, shall furnish such certificates, documents, information and evidence as may be required by the Board for the purposes of paragraph (1), and shall do so within one month of being required to do so or such longer period as the Board may consider reasonable.
Suspension and termination in cases of failure to furnish information or evidence
18
1
Where a claimant —
a
is required by the Board under regulation 17 to furnish information, or evidence, and
b
fails to do so within the period specified by the Board in accordance with that regulation (“the suspension period”),
the Board may, subject to paragraphs (3) and (4), decide to suspend payment of tax credit to or on behalf of the claimant in whole or in part.
2
Where either —
a
a claimant whose benefit has been suspended in whole or in part in accordance with regulation 16 subsequently fails to comply with a requirement for information or evidence made under regulation 17, within the suspension period, or within the period of one month immediately following the suspension period; or
b
i
a claimant has been required by the Board under regulation 17 to furnish information or evidence,
ii
the claimant has failed to do so within the suspension period and within the period of one month immediately following the suspension period, and
iii
the Board have suspended payment of tax credit to or on behalf of the claimant in whole or in part in accordance with paragraph (1) of this regulation,
the Board may, subject to paragraphs (3) to (5), decide that the claimant shall cease to be entitled to payment of tax credit with effect from a date not earlier than the date on which payment of tax credit was suspended.
3
No decision shall be taken by the Board pursuant to paragraph (1) or (2) where —
a
the failure to furnish information has been remedied; or
b
the Board have allowed a further period of time (in addition to the suspension period or the period of one month referred to in paragraph (2)(a) or (b)(ii)) within which the claimant is required to furnish the information and the claimant has furnished the information within that further period.
4
For the purposes of paragraphs (1) and (2), a claimant shall be deemed not to have failed to furnish information within the suspension period or within the period of one month referred to in paragraph (2)(a) or (b)(ii) if he had a reasonable excuse and that excuse has not ceased; and, where that excuse has ceased, he shall be deemed not to have failed to furnish information within either of those periods for those purposes if he furnished the information without unreasonable delay after the excuse had ceased.
5
No decision shall be taken by the Board pursuant to paragraph (2) unless payment of the whole of the relevant tax credit to or on behalf of the claimant has been suspended, under regulation 16 or 17 or both of those regulations.
14
1
Regulation 19 shall be amended as follows.
2
In paragraph (1) —
a
after the words “Secretary of State”, where those words first occur, there shall be inserted the words “or the Board”;
b
in sub-paragraph (a) —
i
after the words “Secretary of State considers” there shall be inserted the words “or the Board consider”;
ii
after the word “himself” there shall be inserted the words “or themselves”;
c
in sub-paragraph (b) —
i
after the words “Secretary of State considers” there shall be inserted the words “or the Board consider”;
ii
after the word “his” there shall be inserted the words “or their”.
3
In paragraphs (2) and (3) after the words “Secretary of State” there shall be inserted the words “or the Board”.
15
1
Regulation 20 shall be amended as follows.
2
In paragraphs (1)(a) and (b) and (4) after the words “Secretary of State is satisfied” there shall be inserted the words “or the Board are satisfied”.
3
In paragraph (1)(b) after the words “he has” there shall be inserted the words “or they have”.
4
For paragraph (1)(d) there shall be substituted —
d
in a case to which regulation 18(1) applies, the Board are satisfied that the benefit suspended is properly payable and the requirements of regulation 17(2), (4), (5) or (7) have been satisfied.
5
In paragraph (2) —
a
after the words “which he” there shall be inserted the words “or they”;
b
after the words “Secretary of State has not” there shall be inserted the words “, or the Board have not,”;
c
after the words “he has” there shall be inserted the words “, or they have,”.
6
In paragraph (3) —
a
after the words “Secretary of State fails” there shall be inserted the words “or the Board fail”;
b
after the words “Secretary of State receives” there shall be inserted the words “or the Board receive”.
16
1
Regulation 21 shall be amended as follows.
2
In paragraph (3) after the words “Secretary of State” there shall be inserted the words “or the Board”.
3
In paragraph (4) —
a
after the words “the Secretary of State” there shall be inserted the words “or the Board”;
b
in sub-paragraph (a) after the words “certifies in writing that he is” there shall be inserted the words “, or certify in writing that they are,”;
c
in sub-paragraph (b) after the word “considers” there shall be inserted the words “, or consider,”:
17
In regulation 22 —
a
after the words “Secretary of State” there shall be inserted the words “or the Board”;
b
in paragraph (a) after the words “certifies in writing that he is” there shall be inserted the words “, or certify in writing that they are,”;
c
in paragraph (b) after the word “considers” there shall be inserted the words “, or consider,”.
18
In regulation 25(a) after the words “Secretary of State” there shall be inserted the words “or the Board”.
19
In regulation 26 after the words “Secretary of State”, there shall be inserted the words “or an officer of the Board”.
20
In regulation 28 after the words “Secretary of State”, in each place where they occur, there shall be inserted the words “or the Board or an officer of the Board”.
21
1
Regulation 30 —
a
in paragraphs (1) and (5) after the words “Secretary of State” there shall be inserted the words “or the Board or an officer of the Board”;
b
in paragraph (5) after the words “revises his” there shall be inserted the words “, or revise their,”.
22
1
Regulation 31 shall be amended as follows.
2
In paragraph (1) after the words “Secretary of State”, where those words first occur, there shall be inserted the words “or the Board or an officer of the Board”.
3
In paragraphs (2) and (3) after the words “Secretary of State”, wherever those words occur, there shall be inserted the words “or the Board or an officer of the Board”.
4
In paragraph (2) after the words “he is” there shall be inserted the words “or they are”.
23
1
Regulation 33 shall be amended as follows.
2
In paragraph (1) —
a
after the words “Secretary of State”, where those words first occur, there shall be inserted the words “or the Board”;
b
after the words “Secretary of State accepts” there shall be inserted the words “or the Board accept”.
3
In paragraph (2) —
a
the word “and” immediately following sub-paragraph (d) shall be omitted;
b
after sub-paragraph (d) there shall be inserted the following sub-paragraph —
dd
in the case of an appeal against a decision relating to working families' tax credit or disabled person’s tax credit, a Tax Credits Office of the Board, and.
4
In paragraphs (3) and (5) to (9) after the words “Secretary of State” there shall be inserted the words “or the Board”.
5
In paragraph (4) —
a
after the words “Secretary of State is satisfied” there shall be inserted the words “or the Board are satisfied”;
b
after the word “he” there shall be inserted the words “or they”.
6
In paragraph (7) after the words “Secretary of State's”, in both places where they occur, there shall be inserted the words “or the Board's”.
24
In regulation 34 —
a
in paragraphs (1) and (3), after the words “Secretary of State”, wherever those words occur, there shall be inserted the words “or the Board”;
b
in paragraph (1) after the words “he thinks” there shall be inserted the words “or they think”.
25
In regulation 40(1) for the words “Secretary of State” there shall be inserted the words “the Board or an officer of the Board,”.
26
In regulation 41(a)(iv) for the words “disability working allowance” there shall be substituted the words “disabled person’s tax credit”.
27
In regulation 58(2) after the words “Secretary of State” there shall be inserted the words “or the Board”.
G H Bush
Tim Flesher
Two of the Commissioners of Inland Revenue
14th September 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Social Security (Contributions) (Re-rating and National Insurance Fund Payments) Order 1999 and shall come into force on 6th April 1999.
2
In this Order “ the Act ” means the Social Security Contributions and Benefits Act 1992.
Rate of, and small earnings exception from, Class 2 contributions
2
In section 11 of the Act (Class 2 contributions) –
a
in subsection (1) (weekly rate) for “£6.35”, substitute “£6.55”;
b
in subsection (4) (small earnings exception) for “£3,590”, substitute “£3,770”.
Amount of Class 3 contributions
3
In section 13(1) of the Act (amount of Class 3 contributions) for “£6.25”, substitute “£6.45”.
Lower and upper limits for Class 4 contributions
4
In sections 15(3) and 18(1) of the Act (Class 4 contributions recoverable under the Income Tax Acts and under regulations) –
a
for “£7,310” (lower limit) in each place where it appears, substitute “£7,530”;
b
for “£25,220” (upper limit) in both places where it appears, substitute “£26,000”.
Prescribed percentage of estimated benefit expenditure
5
Section 2(2) of the Social Security Act 1993 (payments into the National Insurance Fund out of money provided by Parliament) shall have effect with respect to the tax year 1999–2000 and the prescribed percentage of estimated benefit expenditure for the financial year ending with 31st March in that tax year shall be 2 per cent.
Signed by authority of the Secretary of State for Social Security.
Stephen C. Timms
Minister of State,
Department of Social Security
2nd February 1999
We consent,
Clive J. C. Betts
Bob Ainsworth
Two of the Lords Commissioners of Her Majesty’s Treasury
4th February 1999


text:
Citation and commencement
1
This Order may be cited as the Cleveland Ambulance, the Humberside Ambulance Service and the North Yorkshire Ambulance Service National Health Service Trusts (Dissolution) Order 1999 and shall come into force on 1st April 1999.
Dissolution of NHS trusts
2
1
The Cleveland Ambulance National Health Service Trust established by the Cleveland Ambulance National Health Service Trust (Establishment) Order 1991 shall be dissolved on 1st April 1999, and accordingly that Order revoked on that date.
2
The Humberside Ambulance Service National Health Service Trust established by the Humberside Ambulance Service National Health Service Trust (Establishment) Order 1992 shall be dissolved on 1st April 1999, and accordingly that Order revoked on that date.
3
The North Yorkshire Ambulance Service National Health Service Trust established by the North Yorkshire Ambulance Service National Health Service Trust (Establishment) Order 1992 shall be dissolved on 1st April 1999, and accordingly that Order revoked on that date.
Signed by authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
15th March 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as The Cornwall Healthcare National Health Service Trust (Establishment) Amendment Order 1999 and shall come into force on 22nd March 1999.
2
In this Order–
“ the Order ” means The Cornwall Healthcare National Health Service Trust (Establishment) Order 1993 ;
“the trust” means the National Health Service trust established by the Order.
Change of functions of NHS trust
4
For article 3 of the Order, there shall be substituted the following article:–
Nature and functions of the Trust
3
1
The trust is established for the purposes specified in section 5(1)(b) of the Act.
2
The trust’s functions shall be to provide and manage Penrice Hospital, Porthpean Road, St. Austell, Cornwall, PL26 6AD and associated hospitals and premises, and there to provide and manage hospital accommodation and services, and there and from there to provide and manage community health services.
.
Signed by authority of the Secretary of State for Health.
John Denham
Minister of State,
Department of Health
8th March 1999


text:
Citation and commencement
1
These Regulations may be cited as the Income Support (General) and Jobseeker’s Allowance Amendment Regulations 1999 and shall come into force on 2nd August 1999.
Housing costs
2
1
In paragraph 14 of Schedule 3 to the Income Support (General) Regulations 1987 (housing costs: linking rule)–
a
in sub-paragraph (3A), after the word “shall” there shall be inserted the words “, subject to sub-paragraph (3AA),”;
b
after sub-paragraph (3A) there shall be inserted the following sub-paragraph–
3AA
Where the appropriate amount of a loan exceeds the amount specified in paragraph 11(5), sub-paragraph (3A) shall not apply except–
a
for the purposes of paragraph 6(1) or 8(1); or
b
where a person has ceased to be in receipt of income support for a period of 52 weeks or less because he or his partner is a welfare to work beneficiary.
.
2
In paragraph 13 of Schedule 2 to the Jobseeker’s Allowance Regulations 1996 (housing costs: linking rule)–
a
in sub-paragraph (4), after the word “shall” there shall be inserted the words “, subject to sub-paragraph (4A),”;
b
after sub-paragraph (4) there shall be inserted the following sub-paragraph–
4A
Where the appropriate amount of a loan exceeds the amount specified in paragraph 10(4), sub-paragraph (4) shall not apply except–
a
for the purposes of paragraph 6(1) or 7(1); or
b
where a person has ceased to be in receipt of a jobseeker’s allowance for a period of 52 weeks or less because he or his partner is a welfare to work beneficiary.
.
Signed by authority of the Secretary of State for Social Security.
Angela Eagle
Parliamentary Under-Secretary of State,
Department of Social Security
5th July 1999


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (General Medical Services) Amendment Regulations 1999 and shall come into force on 8th March 1999.
2
In these Regulations, “the 1992 Regulations ” means the National Health Service (General Medical Services) Regulations 1992 .
Amendment of regulation 2 of the 1992 Regulations
2
In regulation 2(1) of the 1992 Regulations (interpretation), in the appropriate alphabetical positions, insert–
“nurse prescriber” has the meaning ascribed to it by regulation 2 of the National Health Service (Pharmaceutical Services) Regulation 1992 ;
“professional register” means the register maintained by the United Kingdom Central Council for Nursing, Midwifery and Health Visiting under section 7 of the Nurses, Midwives and Health Visitors Act 1997 ;
.
Amendment of Schedule 2 to the 1992 Regulations
3
In Schedule 2 to the 1992 Regulations (terms of service for doctors), after paragraph 28 (employees), there shall be inserted the following paragraph–
28A
1
Where–
a
a doctor employs a nurse prescriber whose functions will include prescribing in his practice; or
b
the functions of a nurse prescriber whom he already employs are extended to include prescribing,
he shall notify the Health Authority within the period of seven days beginning with the date on which the event occurred.
2
Where–
a
the doctor ceases to employ a nurse prescriber whose functions included prescribing in his practice;
b
the functions of a nurse prescriber whom he employs in his practice are changed so that they no longer include prescribing in his practice; or
c
the doctor becomes aware that a nurse prescriber whom he employs has been removed or suspended from the professional register,
he shall notify the Health Authority by the end of the second day after the day when the event occurred.
3
A doctor shall provide the following information when he notifies the Health Authority in accordance with sub-paragraph (1)–
a
the nurse’s full name;
b
her professional qualifications;
c
her identifying number which appears in the professional register;
d
the date on which her entry in the professional register was annotated to the effect that she was qualified to order drugs, medicines and appliances for patients;
e
the date–
i
on which she was employed, if her functions include prescribing in his practice, or
ii
on which one of her functions became to prescribe in his practice.
4
A doctor shall provide the following information when he notifies the Health Authority in accordance with sub-paragraph (2)–
a
the nurse’s full name;
b
her professional qualifications;
c
her identifying number which appears in the professional register;
d
the date–
i
she ceased to be employed in his practice,
ii
her functions changed so as no longer to include prescribing, or
iii
on which she was removed or suspended from the professional register.
.
Frank Dobson
One of Her Majesty’s Principal Secretaries of State,
Department of Health
10th February 1999


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Statutory Sick Pay and Statutory Maternity Pay (Decisions) Regulations 1999 and shall come into force on 1st April 1999.
2
In these Regulations —
a
“the Contributions and Benefits Act ” means the Social Security Contributions and Benefits Act 1992 ;
b
“employee” and “employer” have, in relation to —
i
statutory sick pay, the meanings given by section 163(1) of the Contributions and Benefits Act;
ii
statutory maternity pay, the meanings given by section 171(1) of the Contributions and Benefits Act.
Application for the determination of any issue arising as to, or in connection with, entitlement to statutory sick pay or statutory maternity pay
2
1
An application for the determination of any issue arising as to, or in connection with, entitlement to statutory sick pay or statutory maternity pay may be submitted to an officer of the Board by —
a
the Secretary of State; or
b
the employee concerned.
2
Such an issue shall be decided by an officer of the Board only on the basis of such an application or on his own initiative.
Applications in connection with statutory sick pay or statutory maternity pay
3
1
An application for the determination of any issue referred to in regulation 2 above shall be made only in writing, in a form approved for the purpose by the Board, or in such other manner, being in writing, as an officer of the Board may accept as sufficient in the circumstances.
2
Where such an application is made by an employee, it shall —
a
be delivered or sent to an office of the Board within 6 months of the earliest day in respect of which entitlement to statutory sick pay or statutory maternity pay is in issue;
b
state the period in respect of which entitlement to statutory sick pay or statutory maternity pay is in issue; and
c
state the grounds (if any) on which the applicant’s employer has denied liability for statutory sick pay or statutory maternity pay in respect of the period specified in the application.
Revocation of regulation 20 of the Social Security (Adjudication) Regulations 1995
4
Regulation 20 of the Social Security (Adjudication) Regulations 1995 is hereby revoked.
Signed by authority of the Secretary of State for Social Security.
Hugh Bayley
Parliamentary-Under Secretary of State,
Department of Social Security
9th March 1999
We concur in the making of these Regulations
S. C. T. Matheson
T. J. Flesher
Commissioners of Inland Revenue
9th March 1999


text:
Citation and commencement
1
This Order may be cited as the Southend Community Care Services National Health Service Trust (Establishment) Amendment Order 1999 and shall come into force on 26th April 1999.
Amendment of Establishment Order
2
For Article 3 of the Southend Community Care Services National Health Service Trust (Establishment) Order 1991 there shall be substituted the following Article:–
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions shall be:–
a
to own and manage, pursuant to section 5(1)(a) of the Act, Community House, Union Lane, Rochford, Essex SS4 1RB and associated premises, and there and from there to provide and manage community health services;
b
to provide and manage, pursuant to section 5(1)9b) of the Act, premises in Southend, Rochford and Basildon and there to provide hospital accommodation and services, and there and from there to provide and manage community health services.
.
Signed by the authority of the Secretary of State of Health
John Denham
Minister of State,
Department of Health
14th April 1999


text:
Citation and commencement
1
This Order may be cited as the Channel Tunnel Rail Link (Nomination) (London Underground Works) (Amendment) Order 1999, and shall come into force on 1st August 1999.
Amendment of the definition of the London Underground Works in the Channel Tunnel Rail Link (Nomination) (London Underground Works) Order 1999
2
In article 2 of the Channel Tunnel Rail Link (Nomination) (London Underground Works) Order 1999 , in paragraph (c) of the definition of the London Underground works, for the words “dated 8th July 1999” there shall be substituted the words “dated 9th July 1999”.
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 July 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Scotland Act 1998 (Transitory and Transitional Provisions) (Finance) Amendment Order 1999 and shall come into force on 31st December 1999.
2
In this Order “the principal Order ” means the Scotland Act 1998 (Transitory and Transitional Provisions) (Finance) Order 1999 .
Amendment of the principal Order
2
For article 21 (Auditor General for Scotland) of the principal Order there is substituted–
Auditor General for Scotland
21
1
The provisions of this article shall cease to apply on the coming into force of any provision made by or under an Act of the Scottish Parliament relating to the salary, allowances, expenses, pension and other terms and conditions of appointment of the Auditor General for Scotland (referred to in this article as “the Auditor General”).
2
The Auditor General is entitled to–
a
a salary of such amount, and
b
such allowances,
as the Parliamentary corporation may determine.
3
The salary and allowances and any expenses incurred by the Auditor General in the exercise of the Auditor General’s functions are to be paid by the Parliamentary corporation.
4
The Parliamentary corporation may make arrangements for the payment of pensions, gratuities or allowances to, or in respect of, any person who has ceased to hold the office of Auditor General and in particular may–
a
make contributions or payments towards provision for such pensions, allowances or gratuities,
b
establish and administer one or more pensions schemes.
5
A person appointed to be the Auditor General–
a
may be relieved of office by Her Majesty at that person’s request,
b
vacates office on attaining the age of 65, or on such later date as the Parliament may by resolution determine,
c
in other respects holds office on such terms and conditions as the Parliamentary corporation may determine.
JOHN REID
Secretary of State for Scotland
Dover House,
London
8th December 1999


text:
1
This Order may be cited as the Public Telecommunication System Designation (Racal Telecommunications Limited) Order 1999 and shall come into force on 13th January 2000.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Patricia Hewitt
Minister of State for Small Business and E-Commerce,
Department of Trade and Industry
11th December 1999


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


text:
Citation and commencement
1
This Order may be cited as The Epsom Health Care and the St. Helier National Health Service Trusts (Dissolution) Order 1999 and shall come into force on 1st April 1999.
Dissolution of NHS trusts
2
1
The Epsom Health Care National Health Service Trust established by The Epsom Health Care National Health Service Trust (Establishment) Order 1990 shall be dissolved on 1st April 1999, and accordingly that Order revoked on that date.
2
The St. Helier National Health Service Trust established by The St. Helier National Health Service Trust (Establishment) Order 1990 shall be dissolved on 1st April 1999, and accordingly that Order revoked on that date.
Signed by authority of the Secretary of State for Health
Hayman
Parliamentary Under Secretary of State,
Department of Health
16th March 1999


text:
Citation and interpretation
1
1
This Order may be cited as the Health Act 1999 (Commencement No. 1) Order 1999.
2
In this Order references to sections and subsections are references to sections and subsections of the Health Act 1999.
Appointed days
2
1
The day appointed for the coming into force of sections 62 (regulations and orders), 63 (supplementary and consequential provision etc. ) and 64 (interpretation) is 3rd August 1999.
2
For the purpose only of consulting the industry body, 3rd August 1999 is the day appointed for the coming into force of —
a
section 34 (power to control prices);
b
section 36 (statutory schemes: supplementary) in so far as it relates to the introduction of a limit under section 34;
c
section 37 (enforcement);
d
subsection (6) of section 38 (controls: supplementary) except in so far as it relates to sections 33 (powers relating to voluntary schemes) and 35 (statutory schemes).
3
1st September 1999 is the day appointed for the coming into force of —
a
section 33(1) to (6) except in so far as it relates to section 35; and
b
section 38 in so far as it relates to the exercise of any power conferred by section 33(6).
4
1st November 1999 is the day appointed for the coming into force of —
a
sections 34, 37(1) to (9) and 38(5) in so far as they are not already in force; and
b
section 38 in so far as it relates to the exercise of any power conferred by sections 34 and 37.
Frank Dobson
Secretary of State for Health
2nd August 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as The North Bristol National Health Service Trust (Establishment) Order 1999 and shall come into force on 18th March 1999.
2
In this Order, unless the context otherwise requires–
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of or Schedule 1 to the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 18th March 1999;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the North Bristol National Health Service Trust established by article 2 of this Order.
Establishment and name of the trust
2
There is hereby established an NHS trust which shall be called the North Bristol National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1)(b) of the Act.
2
The trust’s functions shall be to provide and manage Frenchay Hospital, Beckspool Road, Bristol BS16 1JE, Southmead Hospital, Westbury-on-Trym, Bristol BS10 5NB, and associated hospitals and facilities (including the management of their teaching and research facilities), and there to provide and manage hospital accommodation and services, and there and from there to provide and manage community health services.
Directors of the trust
4
The trust shall have, in addition to the chairman, 6 non-executive directors and 5 executive directors.
Significant teaching commitment
5
1
The trust is to be regarded as having a significant teaching commitment by virtue of paragraph 3(2)(a) of Schedule 2 to the Act.
2
One of the non-executive directors of the trust shall be appointed from the University of Bristol.
Operational date and accounting date of the trust
6
1
The operational date of the trust shall be 1st April 1999.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
7
Between the establishment date and the operational date the trust shall have the functions–
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance by Health Authorities before operational date
8
1
The Avon Health Authority shall discharge the liabilities of the trust incurred during the period from and including the establishment date until the operational date that are of a description specified in paragraph (2) of this article.
2
The liabilities referred to in the preceding paragraph are–
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
Restriction on disposal of assets
9
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
8th March 1999


text:
Title, commencement and interpretation
1
1
These Regulations may be cited as the Processed Cereal-based Foods and Baby Foods for Infants and Young Children (Amendment) Regulations 1999 and shall come into force on 31st March 1999.
2
In these Regulations “the principal Regulations ” means the Processed Cereal-based Foods and Baby Foods for Infants and Young Children Regulations 1997 .
Amendment of the principal Regulations
2
The principal Regulations shall be amended as follows–
a
in paragraph (2) of regulation 1 (title, commencement and interpretation) after the definition of “baby foods” there shall be inserted the following definition–
“the Directive” means Commission Directive 96/5/ EC on processed cereal-based foods and baby foods for infants and young children as amended by Commission Directive 98/36/EC ;
;
b
for paragraph (3) of regulation 1 there shall be substituted the following paragraph–
3
Other expressions used in these Regulations and in the Directive have, in so far as the context admits, the same meaning as they bear in the Directive.
;
c
after paragraph (4) of regulation 1 there shall be inserted the following paragraph–
5
Any requirement in these Regulations, in so far as it relates to compliance with Schedule 2, shall be treated, in the period starting with 31st March 1999 and ending with 31st December 1999, as capable of being satisfied to that extent by compliance with that Schedule either in its entirety or without paragraphs 1.3a, 1.4a and 1.4b.
;
d
in paragraph (b) of regulation 3 (conditions for the sale of processed cereal-based foods and baby foods), after the words “regulation 5” there shall be added the words “and, if the sale takes place after 31st December 1999, regulation 5A”;
e
in regulation 5 (manufacture and composition of processed cereal-based foods and baby foods), for paragraph (c) there shall be substituted the following–
c
which–
i
contains any added nutritional substance other than a nutritional substance specified in Schedule 4; or
ii
if manufactured with a view to sale after 31st December 1999, contains any added nutrient in column 1 of Part I of Schedule 6 in an amount exceeding the maximum limit specified opposite that substance in column 2 of that Part; or
;
f
after regulation 5 there shall be inserted the following regulation–
Maximum limits for added nutrients for specified foods
5A
No person shall, with a view to sale after 31st December 1999, manufacture any processed cereal-based food or baby food specified in column 1 of Part II of Schedule 6 which contains any added nutrient specified opposite that food in column 2 of that Part in an amount exceeding the maximum limit specified opposite that food in column 3 of that Part.
;
g
in paragraph (1) of regulation 6 (penalties), for the words “regulation 3, 4 or 5” there shall be substituted the words “regulation 3, 4, 5 or 5A”;
h
for paragraph (1)(b) of regulation 8 (defence in relation to exports) there shall be substituted the following paragraph–
b
that the legislation complies with the provisions of the Directive in the case of export to an EEA State
;
i
in Schedule 2 (essential composition of baby foods for infants and young children)–
i
after paragraph 1.3 there shall be inserted the following–
1.3a
If cheese is mentioned together with other ingredients in the name of a savoury product, whether or not the product is presented as a meal, then:
the protein from the dairy sources shall not be less than 0.5 g/100 kJ (2.2 g/100 kcal),
the total protein in the product from all sources shall not be less than 0.7 g/100 kJ (3 g/100 kcal).
; and
ii
after paragraph 1.4 there shall be inserted the following–
1.4a
Sauces presented as an accompaniment to a meal are exempt from the requirements of paragraph 1.1 to 1.4 above.
1.4b
Sweet dishes that mention dairy products as the first or only ingredient in the name shall contain not less than 2.2 g dairy protein/100 kcal. All other sweet dishes are exempt from the requirements in paragraph 1.1 to 1.4 above.
; and
j
after Schedule 5 (reference values for nutrition labelling for foods intended for infants and young children) there shall be inserted the contents of the Schedule to these Regulations.
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
1st February 1999
Signed by authority of the Secretary of State for Health
Tessa Jowell
Minister of State for Public Health,
Department of Health
2nd February 1999
Signed by authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under Secretary of State, Welsh Office
4th February 1999
Sam Galbraith
Parliamentary Under Secretary of State, Scottish Office
8th February 1999


text:
Citation and commencement
1
This Order may be cited as the Petty Sessions Areas Order 1999 and shall come into force on 1st December 1999.
Petty sessions areas
2
1
Each of the petty sessions areas specified in column 1 of Part I of the Schedule to this Order is a petty sessions area in England which comprises or is part of the magistrates' courts committee area shown in column 2 of Part I of the Schedule to this Order.
2
Each of the petty sessions areas specified in column 1 of Part II of the Schedule to this Order is a petty sessions area in Wales which comprises or is part of the magistrates' courts committee area shown in column 2 of Part II of the Schedule to this Order.
3
The petty sessions areas specified in the Schedule to this Order are also shown on a map of petty sessions areas in England and Wales kept by the Lord Chancellor’s Department.
Signed by the authority of the Lord Chancellor
Jane Kennedy
Parliamentary Secretary
Lord Chancellor’s Department
3rd November 1999