text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Clun) Designation (Amendment) Order 1999 and shall come into force on 15th June 1999.
Interpretation
2
In this Order “the principal Order ” means the Environmentally Sensitive Areas (Clun) Designation Order 1993 .
Amendment of the principal Order
3
The principal Order shall be amended in accordance with paragraphs 4 and 5.
4
In Schedule 1 to the principal Order (capital activities), after the final item there shall be inserted the following items–
The introduction or re-introduction of pollarding management for neglected trees.
Fencing for the purpose of excluding stock from woodlands.
.
5
In Schedule 2 to the principal Order (management activities)–
a
in item 1(a), for “40” there shall be substituted “34”;
b
after item 1(c), there shall be inserted–
i
in column 1–
d
in relation to unimproved grassland and rough grazing.
; and
ii
in column 2, “78”; and
c
in item 3, for “90” there shall be substituted “120”.
Saving
6
This Order shall not have effect for the purposes of any payment to be made under the principal Order in respect of any period before 1st May 1999.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
12th May 1999
We consent,
Jane Kennedy
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
13th May 1999


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Planning (Control of Major-Accident Hazards) Regulations 1999 and shall come into force on 20th April 1999.
2
In these Regulations, unless the context otherwise requires–
“ the Act ” means the Planning (Hazardous Substances) Act 1990 and references to sections are to sections of that Act;
“ the Order ” means the Town and Country Planning (General Development Procedure) Order 1995 .
Amendment of the Act
2
1
The Act shall be amended as follows.
2
In section 4 (requirement of hazardous substances consent)–
a
after subsection (2)(a) insert–
aa
on, over or under other land which is controlled by the same person and which, in all the circumstances (including in particular the purposes for which the land and the land mentioned in paragraph (a) is used) forms with the land so mentioned a single establishment;
;
b
in subsection (2)(b) for the word “it” substitute “the land mentioned in paragraph (a)”;
c
in subsection (2)(c) for the word “it” substitute “the land mentioned in paragraph (a)”;
d
after subsection (2) insert–
2A
A quantity of a substance which falls within more than one paragraph of subsection (2) shall only be counted once.
;
e
for subsection (3) substitute–
3
The temporary presence of a hazardous substance while it is being transported from one place to another is not to be taken into account unless–
a
it is unloaded; or
b
it is present on, over or under land in respect of which there is a hazardous substances consent for any substance, or in respect of which (not taking into account the quantity of the substance being transported) there is required to be such a consent for any substance.
.
Amendment of the Planning (Hazardous Substances) Regulations 1992
3
1
The Planning (Hazardous Substances) Regulations 1992 shall be amended as follows.
2
In regulation 2 (interpretation)–
a
in paragraph (1), after the definition of “buried or mounded vessel”, insert–
“the Directive” means Council Directive 96/82/ EC on the control of major-accident hazards involving dangerous substances ;
;
b
in paragraph (4) for the words “Part D of that Schedule” substitute–
the notes to that Schedule.
.
3
In regulation 3 (hazardous substances and controlled quantities)–
a
for paragraph (1) substitute–
3
1
Substances, mixtures or preparations–
a
specified in column 1 of Part A;
b
falling within a category in column 1 of Part B; or
c
meeting the description in column 1 of Part C,
of Schedule 1 and present as raw materials, products, by-products, residues or intermediates are hazardous substances for the purposes of the Act.
b
paragraph (2) shall be omitted.
4
For regulation 4 (exemptions) substitute–
4
1
Hazardous substances consent is not required for the temporary presence of a hazardous substance during the period between its being unloaded from one means of transport and loaded onto another while it is being transported from one place to another unless it is present on, over or under land in respect of which there is a hazardous substances consent for any substance, or in respect of which (not taking into account the quantity of the substance being transported) there is required to be such a consent for any substance.
2
Hazardous substances consent is not required for the presence of a hazardous substance contained in an exempt pipe-line or a service pipe.
3
Hazardous substances consent is not required for the presence of a hazardous substance which has been unloaded from a ship or other sea going craft in an emergency until the expiry of the period of 14 days beginning with the day on which it was so unloaded; and for the purpose of this paragraph a substance shall be treated as having been unloaded from a craft in an emergency if–
a
it was unloaded from a craft to which a direction under section 3(1) of the Dangerous Vessels Act 1985 (directions by Secretary of State to harbour master) applied; or
b
it was unloaded from a craft after having been brought into a harbour or harbour area, within the meaning of regulation 2 of the Dangerous Substances in Harbour Areas Regulations 1987 , without requiring notification under paragraph (1) of regulation 6 of those regulations by virtue of an exemption under paragraph (5) of that regulation.
4
Hazardous substances consent is not required for the presence of a hazardous substance on, over or under land at a waste land-fill site.
5
Hazardous substances consent is not required for the presence of a hazardous substance which creates a hazard from ionising radiation if present on, over or under land in respect of which a nuclear site licence has been granted or is required for the purposes of section 1 of the Nuclear Installations Act 1965 .
6
The presence of a quantity of a hazardous substance (other than that of a substance numbered 6, 14, 35 and 39 in column 1 of Part A of Schedule 1)–
a
in a location where it cannot act as an initiator of a major accident elsewhere on the relevant site; and
b
which is equal to or less than two per cent. of the relevant controlled quantity for that substance,
shall not be taken into account when calculating the quantity of a hazardous substance present, on, over or under land for any purpose of the Act or these Regulations.
7
The presence of a substance to which paragraphs (1) to (5) apply shall not be taken into account when calculating the quantity of a hazardous substance present on, over or under land for any purpose of the Act or these Regulations.
8
In this regulation–
a
“exempt pipe-line” means a pipe-line used to convey a hazardous substance to or from a site, but does not include–
i
that part of the pipe-line on, over, or under a site to which it has an outlet or inlet;
ii
a service pipe;
b
“service pipe” means a pipe-line used by a public gas transporter (within the meaning of section 7(1) of the Gas Act 1986 ) to convey gas to an individual consumer from a main of that transporter;
c
“major accident” means an occurrence (including in particular, a major emission, fire or explosion) resulting from uncontrolled developments in the course of any operation carried out on, over or under land in respect of which there is or is required to be a hazardous substances consent and leading to serious danger to human health or the environment, immediate or delayed, and involving one or more hazardous substances;
d
the expressions “initiator”, “major emission, fire or explosion”, “resulting from uncontrolled developments”, “leading to serious danger to human health or the environment, immediate or delayed”, “waste land-fill site” and “ionising radiation” have the same meaning as in the Directive.
.
5
In regulation 10 (consultation before the grant of hazardous substances consent)–
a
in paragraph (1)(l) for the words “, in England, the Nature Conservancy Council” substitute–
or where it appears to the hazardous substances authority dealing with the application that an area of particular natural sensitivity or interest may be affected, in England, the Nature Conservancy Council for England
;
b
After paragraph (3) add–
4
In paragraph (1)(l) “area of particular natural sensitivity or interest” has the same meaning as in the Directive.
5
Where a hazardous substances authority is required to consult a body under paragraph–
a
(1)(a) or (1)(e); or
b
(1)(l), where it appears to the authority that an area of particular natural sensitivity or interest may be affected,
the exception in paragraph (1) shall not apply.
.
6
In regulation 16 (interpretation of deemed consent provisions)–
a
for each reference to “Table C” substitute “Table B”;
b
in paragraph (2) for the words “71 in column 1 of Schedule 1” substitute–
32 in column 1 of Part A of Schedule 1
.
7
For Schedule 1 (Hazardous Substances and Controlled Quantities), substitute the new Schedule 1 set out in Schedule 1 to these Regulations.
8
In Schedule 2 (Prescribed Forms, Notices and Certificates) for forms 1 (general application for hazardous substances consent), 2 (application for hazardous substances consent without a condition imposed on a previous consent) and (application for continuation of hazardous substances consent following a change in control of part of the land) and 8 (claim for deemed consent) substitute the new forms 1, 2 and 8 set out in Schedule 2 to these Regulations.
9
In Schedule 3 (Deemed Consent Conditions)–
a
for each reference to “Table C” substitute “Table B”;
b
in paragraph 7(2) omit the word “twice”.
Transitional provisions
4
1
For the purposes of the transition to the amendments made by regulations 2 and 3, sections 11 (deemed hazardous substances consent: established presence) and 26 (transitional exemptions) shall apply with the following modifications.
2
In section 11–
a
in subsection (1), after the words “establishment period” insert–
for which hazardous substances consent was not required during that period,
;
b
in subsection (3), for the words “(4) to” substitute “(5) and”;
c
subsection (4) shall be omitted;
d
at the beginning of subsection (5) omit, “If at the relevant date such notification was not so required, hazardous” and insert “Hazardous”;
e
in subsection (7)(a)–
i
for sub-paragraphs (ii) and (iii) substitute–
ii
on, over or under other land which is controlled by the same person and which, in all the circumstances (including in particular the purposes for which the land and the land mentioned in sub-paragraph (i) is used) forms with the land so mentioned a single establishment;
iii
on, over or under other land which is within 500 metres of the land mentioned in sub-paragraph (i) and controlled by the same person; or
iv
in or on a structure controlled by the same person any part of which is within 500 metres of the land mentioned in sub-paragraph (i),
ii
at the end of the subsection, add–
and in calculating whether the established quantity is exceeded, a quantity of a substance which falls within more than one sub-paragraph of this paragraph shall only be counted once;
;
f
for subsection (8) substitute–
8
In this section–
“establishment period” means the period of 12 months immediately preceding the relevant date;
“established quantity” means in relation to any land, the maximum quantity which was present on, over or under the land at any one time within the establishment period;
“the relevant date” means the date on which the Planning (Control of Major-Accident Hazards) Regulations 1999 came into force;
“the transitional period” means the period of 6 months beginning with the relevant date.
.
3
In section 26 –
a
in subsection (1), for paragraphs (a) to (c) substitute–
a
the substance was present on, over or under the land at any time within the establishment period and was not a substance or quantity of substance for which hazardous substances consent was required before the relevant date; and
b
the substance has not been present during the transitional period in a quantity greater in aggregate than the established quantity.
.
b
subsection (2) shall be omitted.
Amendment of the Town and Country Planning (Development Plan) Regulations 1991
5
1
The Town and Country Planning (Development Plan) Regulations 1991 shall be amended as follows.
2
In regulation 2 (interpretation)–
a
in paragraph (1), after the definition of “by local advertisement” insert–
“the Directive” means Council Directive 96/82/EC on the control of major-accident hazards involving dangerous substances;
;
b
after paragraph (3) add–
4
the expressions used in regulation 9(1)(e) and (f) have the same meaning as in the Directive.
.
3
In regulation 9(1) (regard to be had to certain matters and statement of regard)–
a
at the end of paragraph (c) delete “and”;
b
after paragraph (d) add–
and;
e
the objectives of preventing major accidents and limiting the consequences of such accidents; and
f
the need;
i
in the long term, to maintain appropriate distances between establishments and residential areas, areas of public use and areas of particular natural sensitivity or interest; and
ii
in the case of existing establishments, for additional technical measures in accordance with Article 5 of the Directive so as not to increase the risks to people.
.
Amendment of the Town and Country Planning (General Development Procedure) Order 1995
6
1
The Order shall be amended as follows.
2
In article 10 (consultations before the grant of permission)–
a
after paragraph (1)(iii) add–
1A
The exception in article 10(1)(iii) shall not apply where, in the opinion of the local planning authority, development falls within paragraph (zb) of the table below.
.
b
after paragraph (za) of the table add–
zb
Development–
i
involving the siting of new establishments; or
ii
consisting of modifications to existing establishments which could have significant repercussions on major-accident hazards; or
iii
including transport links, locations frequented by the public and residential areas in the vicinity of existing establishments, where the siting or development is such as to increase the risk or consequences of a major accident.
The Health and Safety Executive and the Environment Agency, and, where it appears to the local planning authority that an area of particular natural sensitivity or interest may be affected, in England, the Nature Conservancy Council for England, or in Wales, the Countryside Council for Wales.
.
3
In Article 10(2) of the Order–
a
at the end of paragraph (k), delete “and”;
b
after paragraph (l) add–
; and
m
the expressions used in paragraph (zb), have the same meaning as in Council Directive 96/82/EC on the control of major accident hazards involving dangerous substances.
.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Richard Caborn
Minister of State,
Department of the Environment, Transport and the Regions
23rd March 1999
Signed by authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under-Secretary of State, Welsh Office
24th March 1999


text:
1
This Order may be cited as the European Communities (Definition of Treaties) (Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States and the Hashemite Kingdom of Jordan) Order 1999. It shall come into force in respect of the treaty specified in the Schedule to this Order on the date on which the treaty enters into force for the United Kingdom. This date will be notified in the London, Edinburgh and Belfast Gazettes.
2
The treaty specified in the Schedule to this Order is to be regarded as a Community Treaty as defined in section 1(2) of the European Communities Act 1972.
A.K. Galloway
Clerk of the Privy Council


text:
1
These Regulations may be cited as the Government Stock (Amendment) Regulations 1999 and shall come into force on the Monday after the day on which they are made.
2
Regulation 23(1) of the Government Stock Regulations 1965 shall be amended–
a
by omitting the definition of “the CGO ”; and
b
in the definition of “CGO Service member”, by substituting for the words “the Bank of England” the words “CRESTCo Limited (which is now responsible for operating the CGO Service)”.
Bob Ainsworth
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
20th May 1999


text:
Citation and commencement
1
This Order may be cited as the Railtrack (Luton Parkway Station: Land Acquisition) Order 1999 and shall come into force on 3rd June 1999.
Interpretation
2
1
In this Order–
“the 1965 Act ” means the Compulsory Purchase Act 1965 ;
“the Application Rules ” means the Transport and Works (Applications and Objections Procedure) Rules 1992;
“the book of reference” means the book of reference described in rule 7(5) of the Applications Rules certified by the Secretary of State as the book of reference for the purposes of this Order;
“the land plan” means the plan described in rule 7(3) of the Applications Rules certified by the Secretary of State as the land plan for the purposes of this Order;
“the new Luton Parkway railway station” means the new railway station to be constructed on land adjoining Gypsy Lane in the borough of Luton;
“ Railtrack ” means Railtrack PLC.
2
Where the book of reference or the land plan was or were revised before this Order was made, any reference to it or them in this Order is to the latest version as certified under article 10 below.
3
References in this Order to rights over land include references to rights to do, or to place and maintain, anything in, on or under land or in the air-space over its surface.
Power to acquire land
3
Railtrack may acquire compulsorily so much of the land shown numbered 4 on the land plan and described in the book of reference as may be required for or in connection with the provision of the new Luton Parkway railway station together with access and parking facilities and it may use any land so acquired for those purposes or for any other purposes connected with or ancillary to its railway undertaking.
Application of Part I of Compulsory Purchase Act 1965
4
1
Part I of the 1965 Act, in so far as not modified by or inconsistent with the provisions of this Order, shall apply to the acquisition of land under this Order–
a
as it applies to a compulsory purchase to which the Acquisition of Land Act 1981 applies; and
b
as if this Order were a compulsory purchase order under that Act.
2
Part I of the 1965 Act, as so applied, shall have effect as if section 4 (which provides a time limit for compulsory purchase of land) and paragraph 3(3) of Schedule 3 (which makes provision as to the giving of bonds) were omitted.
Powers to acquire new rights
5
1
Railtrack may compulsorily acquire such easements or other rights over any land referred to in article 3 above as may be required for any purpose for which that land may be acquired by it under that article, by creating them as well as by acquiring easements or other rights already in existence.
2
Railtrack may compulsorily acquire such easements or other rights over the land shown numbered 2 on the land plan and described in the book of reference as it shall require in order to make provision for access to the new Luton Parkway railway station by vehicles of the emergency services.
3
Subject to section 8 of the 1965 Act (as substituted by paragraph 5 of Schedule 1 to this Order), where Railtrack acquires a right over land under paragraph (1) or (2) above it shall not be required to acquire a greater interest in the land.
4
Schedule 1 to this Order shall have effect for the purpose of modifying the enactments relating to compensation and the provisions of the 1965 Act in their application in relation to the compulsory acquisition under this article of a right over land by the creation of a new right.
Disregard of certain interests and improvements
6
1
In assessing the compensation (if any) payable to any person on the acquisition from him of any land under this Order, the tribunal shall not take into account–
a
any interest in land, or
b
any enhancement of the value of any interest in land by reason of any building erected, works executed or improvement or alteration made on relevant land,
if the tribunal is satisfied that the creation of the interest, the erection of the building, the execution of the works or the making of the improvement or alteration was not reasonably necessary and was undertaken with a view to obtaining compensation or increased compensation.
2
In paragraph (1) above–
“relevant land” means the land acquired from the person concerned or any other land with which he is, or was at the time when the building was erected, the works executed or the improvement or alteration made, directly or indirectly concerned; and
“the tribunal” means the Lands Tribunal.
Extinction or suspension of private rights of way
7
1
All private rights of way over land subject to compulsory acquisition under this Order shall be extinguished–
a
as from the acquisition of the land by Railtrack, whether compulsorily or by agreement; or
b
on the entry on the land by Railtrack under section 11(1) of the 1965 Act;
whichever is sooner.
2
Any person who suffers loss by the extinguishment of any private right of way under this article shall be entitled to compensation to be determined, in case of dispute, under Part I of the Land Compensation Act 1961 .
3
This article does not apply in relation to any right of way to which section 271 or 272 of the Town and Country Planning Act 1990 (extinguishment of rights of statutory undertakers etc. ) applies.
Time limit for exercise of powers of acquisition
8
No notice to treat shall be served under Part I of the 1965 Act as applied to the acquisition of land by article 4 above after the end of the period of five years beginning with the day on which this Order comes into force.
Acquisition: supplementary matters
9
1
Parts II and III of Schedule 2 to the Acquisition of Land Act 1981 (exception of minerals from compulsory purchase and regulation of the working of mines or minerals underlying an authorised undertaking) shall have effect in relation to land to which article 3 above applies as if it were comprised in a compulsory purchase order providing for the incorporation with that order of those Parts of that Schedule.
2
In their application by virtue of paragraph (1) above, Parts II and III of Schedule 2 to the Acquisition of Land Act 1981 shall have effect as if references in those Parts to “the undertaking” were references to Railtrack’s railway undertaking.
Certification of plan etc.
10
Railtrack shall, as soon as practicable after the making of this Order, submit copies of the book of reference and the land plan to the Secretary of State for certification that they are, respectively, the book of reference and land plan referred to in this Order; and a document so certified shall be admissible in any proceedings as evidence of the contents of the document of which it is a copy.
Statutory undertakers etc.
11
The provisions of Schedule 2 to this Order (which contains provisions relating to statutory undertakers) shall have effect.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
ASD Whybrow
Head of Charging and Local Transport Division,
Department of the Environment, Transport and the Regions
11th May 1999


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security Benefits (Miscellaneous Amendments) Regulations 1999.
2
These Regulations shall come into force–
a
in the case of regulations 1, 2 and 3, on 5th April 1999;
b
in the case of regulations 4 and 5, on 6th April 1999 save that in the case of a claimant for family credit or disability working allowance who has an award of either of those benefits which is current on 5th April 1999, regulations 4 and 5 shall have effect in his case as from the day following the expiration of that award.
3
In these Regulations “the Jobseeker’s Allowance Regulations ” means the Jobseeker’s Allowance Regulations 1996 .
Amendment of the Jobseeker’s Allowance Regulations
2
1
In sub-paragraph (b) of paragraph (3) of regulation 47 of the Jobseeker’s Allowance Regulations (jobseeking period) the words “or, where good cause” to the end of the sub-paragraph shall be omitted.
2
In head (b) of sub-paragraph (6) of paragraph 13 of Schedule 2 to the Jobseeker’s Allowance Regulations for the words “regulation 9 of the Social Security (Credit) Regulations 1975” there shall be substituted the words “regulation 8A or 8B of the Social Security (Credits) Regulations 1975 ”.
Amendment of the Income Support (General) Regulations
3
In head (b) of sub-paragraph (5) of paragraph 14 of Schedule 3 to the Income Support (General) Regulations 1987 for the words “regulation 9” there shall be substituted the words “regulation 8A or 8B”.
Amendment of the Family Credit (General) Regulations
4
In regulation 13A of the Family Credit (General) Regulations 1987 (treatment of child care charges) –
a
in paragraph (1) after the words “is incurring” there shall be inserted the words “or in the case of a claimant to whom paragraph (6A) applies, will incur”;
b
in paragraph (2) at the end of the definition of “relevant child care charges” there shall be added the words–
or, in the case of a claimant to whom paragraph (6A) applies, with paragraphs (6B) and (6C).
;
c
in paragraph (2A), after sub-paragraph (b) there shall be added the following sub-paragraph–
c
in the definition of “relevant child care charges” the words “charges paid” shall be taken to include charges which will be incurred and to which paragraph (6A) applies.
;
d
after paragraph (6) there shall be inserted the following paragraphs–
6A
Where a claimant–
a
has entered into an agreement for the provision of child care; and
b
will incur under that agreement relevant child care charges in respect of child care during the period of the family credit award,
the weekly charge for child care shall be calculated in accordance with paragraphs (6B) and (6C), based upon a written estimate of the relevant future charges provided by the claimant and child minder or other child care provider.
6B
Subject to paragraph (6C), relevant child care charges which fall under paragraph (6A) shall be calculated in accordance with the formula–
X + Y 52
where–
X is the weekly estimate provided by the child minder or other child care provider for child care in those weeks which will fall in school term-time in respect of the child or children concerned, multiplied by 39; and
Y is the weekly estimate provided by the child minder or other child care provider for child care in those weeks which will fall out of school term-time in respect of the child or children concerned, multiplied by 13.
6C
Where relevant child care charges fall under paragraph (6A) and they are in respect of a child who does not attend school, the relevant child care charges shall mean the weekly estimate provided by the child minder or other child care provider multiplied by the number of weeks during the period of the family credit award in which relevant child care charges will be paid, divided by 26.
.
Amendment of the Disability Working Allowance Regulations
5
In regulation 15A of the Disability Working Allowance (General) Regulations 1991 (treatment of child care charges) –
a
in paragraph (1) after the words “is incurring” there shall be inserted the words “or in the case of a claimant to whom paragraph (6A) applies, will incur”;
b
in paragraph (2) at the end of the definition of “relevant child care charges” there shall be added the words–
or, in the case of a claimant to whom paragraph (6A) applies, with paragraphs (6B) and (6C).
;
c
in paragraph (2A) after sub-paragraph (b) there shall be added the following sub-paragraph–
c
in the definition of “relevant child care charges” the words “charges paid” shall be taken to include charges which will be incurred and to which paragraph (6A) applies.
;
d
after paragraph (6) there shall be inserted the following paragraphs–
6A
Where a claimant–
a
has entered into an agreement for the provision of child care; and
b
will under that agreement incur relevant child care charges in respect of child care during the period of the disability working allowance award,
the weekly charge for child care shall be calculated in accordance with paragraphs (6B) and (6C), based upon a written estimate of the relevant future charges provided by the claimant and child minder or other child care provider.
6B
Subject to paragraph (6C), relevant child care charges which fall under paragraph (6A) shall be calculated in accordance with the formula–
X + Y 52
where–
X is the weekly estimate provided by the child minder or other child care provider for child care in those weeks which will fall in school term-time in respect of the child or children concerned, multiplied by 39; and
Y is the weekly estimate provided by the child minder or other child care provider for child care in those weeks which will fall out of school term-time in respect of the child or children concerned, multiplied by 13.
6C
Where relevant child care charges fall under paragraph (6A) and they are in respect of a child who does not attend school, the relevant child care charges shall mean the weekly estimate provided by the child minder or other child care provider multiplied by the number of weeks during the period of the disability working allowance award in which relevant child care charges will be paid, divided by 26.
.
Signed by authority of the Secretary of State for Social Security.
Angela Eagle
Parliamentary Under-Secretary of State,
Department of Social Security
9th March 1999


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security Contributions, etc. (Decisions and Appeals — Transitional Modifications) Regulations 1999 and shall come into force on 1st April 1999.
2
In these Regulations “ the Act ” means the Social Security Contributions (Transfer of Functions, etc.) Act 1999.
Modification of enactments
2
1
Subject to paragraph (2) below, until Chapter II of Part I of the Social Security Act 1998 (social security decisions and appeals) is wholly in force, any enactment specified in column (1) of the Schedule to these Regulations shall have effect subject to the modifications specified in column (2) of that Schedule.
2
Paragraph (1) above shall not apply with respect to —
a
any such question as is mentioned in —
i
paragraph (b) of section 17(1) of the Social Security Administration Act 1992 (questions for the Secretary of State) in so far as that question does not raise an issue of a kind specified in paragraph (c), (d) or (e) of section 8(1) of the Act (decisions by officers of Board of Inland Revenue), or
ii
paragraph (e) or (f) of that section 17(1);
b
any question which is, by virtue of section 170(1) of the Pension Schemes Act 1993 (determination of questions by the Secretary of State), included in the questions to which that section 17(1) applies; or
c
any decision to which article 4(6) of the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (Commencement No. 1 and Transitional Provisions) Order 1999 (decisions to which Part II of the Act is not to apply) applies.
Signed by authority of the Secretary of State for Social Security.
Stephen C. Timms
Minister of State,
Department of Social Security
25th March 1999


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


text:
Commencement and citation
1
This Order may be cited as The A1 Trunk Road (Barnet) Red Route (Clearway) Traffic Order 1996 Experimental Variation Order 1999, and shall come into force on 9th April 1999.
Variations
2
The A1 Trunk Road (Barnet) Red Route (Clearway) Traffic Order 1996 and Amendment slip is varied by the following provision of this Order.
3
In Schedule 2 item 13 is deleted.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
29th March 1999


text:
1
1
This Order may be cited as the Combined Probation Areas (Kent) Order 1999.
2
This Order shall come into force on 1st January 2000 save that, for the purposes of making appointments to the probation committee for Kent to take effect on that date, this Order shall come into force forthwith.
2
For that part of Schedule 2 to the Combined Probation Areas Order 1986 which relates to the Kent area , there shall be substituted the following–
(1) (2) (3) Petty Sessions Area Probation Area Number of Justices on Probation Committee
Canterbury and St. Augustine Kent 1 Channel 2 Dartford and Gravesham 2 Faversham and Sittingbourne 1 Medway 2 Mid Kent 2 Thanet 1 West Kent 2
Paul Boateng
Minister of State
Home Office
9th December 1999


text:
Citation and commencement
1
These Regulations may be cited as the Education (Proposals for Grammar Schools to cease to have Selective Admission Arrangements) Regulations 1999 and shall come into force on 1st September 1999.
Interpretation
1
In these Regulations–
“ the Act ” means the School Standards and Framework Act 1998;
“the Ballot Regulations ” means the Education (Grammar School Ballots) Regulations 1998 ;
“relevant proposals” means proposals for the revision of admission arrangements of a grammar school such as are mentioned in section 109(1) of the Act (proposals to end selective admission arrangements); and
“area ballot”, “ballot result date”, “designated body”, “feeder school ballot”, “group of grammar schools”, “school registered parent”, “stand alone grammar school” and “valid petition” have the same meanings as in the Ballot Regulations.
Modification to Schedule 6 to the Act
3
In its application to relevant proposals paragraph 12 of Schedule 6 to the Act shall have effect as if for sub-paragraph (2) there were substituted–
2
The proposals shall be implemented by the admission authority for the school (within the meaning of Chapter I of Part III).
Circumstances in which proposals will be of no effect
4
For the purposes of section 109(3)(b) of the Act (which provides that in any prescribed circumstances following the making of a request for a ballot to be held under section 105 of the Act relevant proposals under section 28 of the Act shall be of no effect) the circumstances are–
a
that after the proposals are published and before a decision is taken under paragraph 3 of Schedule 6 to the Act as to whether they should be approved, the designated body notifies the school organisation committee under regulation 10(2)(e) of the Ballot Regulations that a petition which has been received relating to the grammar school in question is a valid petition; or
b
that at the time when the proposals are published the designated body has notified the school organisation committee under regulation 10(2)(e) of the Ballot Regulations that a petition which has been received relating to the grammar school in question is a valid petition but the ballot result date for the ballot arising from that petition has not occurred.
Schools to be disregarded where relevant proposals fall to be implemented
5
1
This regulation applies where relevant proposals have fallen to be implemented under paragraph 5 of Schedule 6 to the Act and in this regulation–
a
“the disregarded school” means the school in relation to which the proposals fall to be implemented; and
b
“the relevant date” is the date on which the proposals were approved under paragraph 3 of Schedule 6 to the Act.
2
Where the disregarded school is a stand alone grammar school and a petition for a feeder school ballot which relates to the disregarded school is received by the designated body after the relevant date, that petition shall not be a valid petition.
3
Where the disregarded school is a grammar school in a group of grammar schools and a petition for a feeder school ballot which relates to that group is received after the relevant date, the petition shall be treated as relating to the group of grammar schools excluding the disregarded school and accordingly–
a
a school registered parent shall not be a relevant eligible parent in accordance with regulation 9(1) to (5) of the Ballot Regulations unless he has at least one child, who does not fall to be disregarded under regulation 4(6) of those Regulations, who is a pupil at a school which is a feeder school for the group excluding the disregarded school; and
b
registered parents at any school which was a feeder school for the group including the disregarded school but is not a feeder school for the group excluding the disregarded school shall not be included in the parent population for the purpose of regulation 7(5) of the Ballot Regulations.
4
Where the ballot result date of an area ballot is after the relevant date the ballot shall not relate to the disregarded school.
Consequential amendment of Ballot Regulations
6
1
The Ballot Regulations shall be amended as follows.
2
In regulation 18(2)(a)(i) and (b)(iii) for “regulation 23(3) to (5) will not apply” there shall be substituted “neither regulation 23(3) to (5) nor regulation 5 of the Education (Proposals for Grammar Schools to cease to have Selective Admission Arrangements) Regulations 1999 will apply”.
Estelle Morris
Minister of State,
Department for Education and Employment
22nd July 1999


text:
1
These Regulations may be cited as the Education (Education Standards Etc. Grants) (England) Regulations 1999 (Amendment) Regulations 1999 and shall come into force on 1st August 1999.
2
The Education (Education Standards Etc. Grants) (England) Regulations 1999 shall be amended as follows.
3
In regulation 2(1) the following definitions shall be inserted at the appropriate places–
“advanced education” means full-time education for the purposes of–
a course in preparation for a degree, a diploma of higher education, a higher national diploma, a higher national diploma of the Business and Technician Education Council or the Scottish Vocational Education Council, or a teaching qualification; or
any other course which is of a standard above ordinary national diploma, a diploma of the Business and Technician Education Council or a national certificate of the Scottish Vocational Education Council, a general certificate of education (advanced level), a Scottish certificate of education (higher grade) or a Scottish certificate of Sixth Year Studies;
“Excellence in Cities” means the programme of action by the Department for Education and Employment to raise education standards in selected urban areas;
“learning mentor” means a person appointed or engaged to work at one or more secondary schools included in the Excellence in Cities programme to assist those pupils who need additional support to overcome barriers to learning both inside and outside school;
“learning support unit” means a unit in a secondary school included in the Excellence in Cities programme which provides separate short-term teaching and support programmes for pupils who need intensive support; and
“summer school project” means a project included in the Department for Education and Employment’s pilot programme for study support summer schools;
.
4
In regulation 5(2) the following entries shall be inserted at the end of the table in the left hand and right hand columns respectively–
36 100 37 100 38 100 39 100
.
5
In regulation 11(1) for “or 35” there shall be substituted “, 35, 37(b) or 37(c)”.
6
Schedule 1 shall be amended as follows–
a
for paragraph 30 there shall be substituted–
30
a
Support for additional literacy and numeracy classes for pupils in maintained schools who will be completing key stage 2 in the summer of 1999 or 2000, including support for the training of teachers involved in the provision of such classes; and
b
support for the training of teachers of literacy and numeracy to pupils in maintained schools who will be completing key stage 2 in the summer of 2001.
; and
b
after paragraph 35 there shall be inserted the following paragraphs–
36
a
Support for expenditure incurred by an education authority mentioned in subparagraph (b) below for or in connection with the provision of financial assistance to students over compulsory school age who are in full-time education, other than for the purpose of advanced education.
b
The education authorities referred to in paragraph (a) above are–
Bolton
Cornwall
Doncaster
Gateshead
Greenwich
Lambeth
Leeds
Lewisham
Middlesbrough
Nottingham
Oldham
Southampton
Southwark
Stoke-on-Trent
Walsall.
37
a
Support for the development of Excellence in Cities plans–
i
by assisting with administrative costs incurred by local Excellence in Cities partnerships, being partnerships whose principal members are secondary schools and the local authority; and
ii
by assisting with costs incurred by schools which participate in such local Excellence in Cities partnerships in developing such plans, including the provision of additional staff to assist such schools for the periods during which teachers are engaged in developing such plans.
b
Support for expenditure in connection with learning mentors, including–
i
the costs involved in the recruitment, remuneration and training of learning mentors;
ii
the costs of setting up and running networks to share best practice; and
iii
measures to promote the exchange of information between schools and other persons or bodies concerned with the provision of extra support to pupils.
c
Support for the setting up and running of learning support units, including assistance with salary costs, training costs, equipment and building and other capital costs.
d
Support for the setting up and running of a scheme to improve the attainment and motivation of the most able children in secondary schools included in the Excellence in Cities programme.
38
Support for maintained schools to assist them in taking measures to improve standards of health in their pupils and all their staff.
39
Support for summer school projects providing learning activities, including motivational, creative and sporting activities and study clubs.
6
In Schedule 2–
a
the following shall be inserted at the appropriate place–
The Common Council of the City of London 65
; and
b
in the right hand column of the table beside “Newham”, “50” shall be substituted for “40”.
Estelle Morris
Minister of State,
Department for Education and Employment
6th July 1999


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Highlands and Islands Agricultural Programme Amendment Regulations 1999 and shall come into force on 31st March 1999.
2
In the Regulations “the principal Regulations ” means the Highlands and Islands Agricultural Programme Regulations 1994 .
Application
2
These Regulations apply to applications under regulation 5 of the principal Regulations received by the Secretary of State after 30th March 1999.
Amendment of the principal Regulations
3
In regulation 2 of the principal Regulations (interpretation) there shall be inserted–
a
after the definition of “agricultural unit”–
“alternative agricultural production” does not include beef, dairy, sheep or cereal farming
; and
b
after the definition of “grazings committee”–
“housing for rent” does not include rent to a member of the immediate family of the applicant for financial assistance under these Regulations;
“immediate family” means wife, husband, son, daughter, mother, father, brother or sister;
.
c
after the definition of “programme” –
“programme area” means the area of Scotland referred to in regulation 1(2);
“relevant part of the programme area” means the part of the programme area in which the agricultural unit on which the measure is being undertaken lies;
.
d
after the definition of “smallholding”–
“waste management plan” means a waste management plan in such form and containing such details as the Secretary of State may from time to time require.
.
4
For regulation 6(1) of the principal Regulations (restrictions on approval of applications) there shall be substituted–
Restrictions on approval of applications
6
1
The Secretary of State shall not approve an application for financial assistance–
a
received by him after 31st October 1999;
b
towards a business improvement measure mentioned in Column 1 of Part A of the Schedule unless he is satisfied that–
i
the measure is to be carried out by, or on behalf of the eligible person;
ii
completion of the measure will achieve the objectives of the scheme set out in regulation 3;
iii
the application relates to one or more of the measures set out in Column 1 of Part A of the Schedule;
iv
the measure has been identified by the resource audit and business assessment as a priority for investment;
v
no other public funding has been or will be sought in respect of the measure, other than under these Regulations;
vi
the eligible expenditure is at least £1,000; and
vii
the provision of the measure is appropriate having regard to the need for, and existing provision of, measures of that type in the relevant part of the programme area; or
c
if he considers that in the circumstances current at the time of application other applications are to be preferred.
.
5
In regulation 8 of the principal Regulations (financial assistance) for paragraphs (3) and (4) there shall be substituted–
3
Subject to paragraph (4), the total amount of financial assistance payable in respect of an agricultural unit shall not exceed–
a
in the case of a common grazing, £120,000; and
b
in any other case £40,000.
4
The total amount of financial assistance payable in respect of environmental enhancement measures mentioned in Column 1 of Part B of the Schedule carried out on an agricultural unit shall not exceed £10,000.
.
6
In regulation 9 of the principal Regulations (claims for financial assistance) there shall be inserted–
a
at the beginning, “(1) Subject to paragraph (2),”; and
b
at the end–
2
The Secretary of State shall not accept a claim for financial assistance received by him after 31st October 2001.
.
7
For the Schedule to the principal Regulations (agricultural business improvement scheme eligible measures) there shall be substituted the Schedule to these Regulations.
Sewel
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
4th March 1999


text:
Citation and commencement
1
This Order may be cited as the Greater Manchester (Light Rapid Transit System) (Airport Extension Order 1997) (Moor Road Modification) Order 1999 and shall come into force on 18th February 1999.
Interpretation
2
In this Order–
“the 1997 Order ” means the Greater Manchester (Light Rapid Transit System) (Airport Extension) Order 1997 ; and
“authorised street tramway”, “the scheduled works”, “street tramway” and “the undertaker” have the same meaning as in the 1997 Order.
Modification of Works
3
1
The undertaker may construct and maintain Work No. 10A as specified in the Schedule to this Order in lieu of a part of Works Nos. 10 and 11 authorised by the 1997 Order (being the part of Work No. 10 40 metres in length and the part of Work No. 11 88 metres in length extending in each case from the junction of those works) and may construct and maintain the remainder of Works Nos. 10 and 11 authorised by the 1997 Order so as to form a junction with the commencement and termination of Work No. 10A respectively.
2
The 1997 Order shall have effect as if–
a
the works specified in the Schedule to this Order formed part of the scheduled works;
b
Work No. 10A were an authorised street tramway;
c
there were added to Schedule 4 of the 1997 Order, in the second and third column respectively after the reference to Crewe Road, the following–
Moor Lane Kerb line to be realigned between WS89 and WS90 on east and west sides between a point 115 metres south of Newlands Road and a point 190 metres south of that road;
and
d
the Order Plans, sections and book of reference deposited with the application for this Order formed part of the Order Plans, sections and the book of reference respectively of the 1997 Order.
Certification of plans, etc.
4
The undertaker shall, as soon as practicable after the making of this Order, submit copies of the book of reference, the Order Plans and the sections to the Secretary of State for certification that they are true copies of, respectively, the book of reference, the Order Plans and the sections referred to in this Order; and a document so certified shall be admissible in any proceedings as evidence of the contents of the document of which it is a copy.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
A S D Whybrow
Head of Charging and Local Transport Division,
Department of the Environment, Transport and the Regions
27th January 1999


text:
Citation and commencement
1
These Regulations may be cited as the Town and Country Planning (Control of Advertisements) (Amendment) Regulations 1999 and shall come into force on 27th July 1999.
Interpretation
2
In these Regulations “the principal regulations” means the Town and Country Planning (Control of Advertisements) Regulations 1992 .
Amendment of the principal regulations — application of section 77 of the Town and Country Planning Act 1990
3
After regulation 9 of the principal regulations insert new regulation 9A as follows —
Application of section 77 of the Act to applications for express consent
9A
1
Section 77 (Reference of applications to Secretary of State) of the Act shall apply to applications for express consent made by an interested planning authority pursuant to these regulations subject to the following adaptations and modifications —
a
in subsection (1) for “applications for planning permission, or for the approval of any local planning authority required under a development order” substitute “applications for the display of advertisements pursuant to regulations made under section 220 of this Act”; and
b
subsections (4) and (6) shall be omitted.
2
Where the Secretary of State gives a direction pursuant to section 77 of the Act in respect of an application for express consent to display an advertisement, regulations 12 (duty to consult), 13 (power to deal with applications) and 14 (notification of decision) of the principal regulations shall apply to that application subject to the following adaptations, modifications and exceptions —
a
any references to a local planning authority shall be construed as references to the Secretary of State;
b
regulation 12(1)(c) shall not apply; and
c
in regulation 14(1) for “applicant” substitute “interested planning authority.”.
Amendment of the principal regulations — applications by interested planning authorities
4
After regulation 13 of the principal regulations insert new regulation 13A as follows —
Applications by an interested planning authority
13A
1
An application for express consent made by an interested planning authority (whether solely or jointly with any other person) to display an advertisement shall be determined by the authority concerned unless the application is referred to the Secretary of State under section 77 of the Act for determination by him.
2
Any consent granted pursuant to paragraph (1) shall expire —
a
at the end of such period as the authority may specify in granting the consent; or
b
where no period is so specified, at the end of a period of 5 years; or
c
the date on which the interested planning authority ceases (whether solely or jointly) to display the advertisement,
whichever is the earlier.
Amendment of the principal regulations — discontinuance notice in respect of an interested planning authority’s advertisement
5
In regulation 24(1) of the principal regulations for “within Class 1B in Schedule 3” substitute “displayed by an interested planning authority”.
Consequential amendment to the Town and Country Planning General Regulations 1992
6
In regulation 11 of the Town and Country Planning General Regulations 1992 after the words “other than planning permission to develop land or a consent under section 90(2)”, add “or a consent to display an advertisement pursuant to regulations under section 220”.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Nick Raynsford
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
22nd June 1999
Signed by authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under-Secretary of State, Welsh Office
25th June 1999


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Education (References to Adjudicator) Regulations 1999 and shall come into force on 1st April 1999.
2
In these Regulations “ the Act ” means the School Standards and Framework Act 1998.
Adjudicator to which matters are to be referred
2
1
Where under any provision of the Act or regulations made under the Act a matter is referred to “the adjudicator”, the chief adjudicator shall, subject to paragraph (2), allocate the referral to a particular adjudicator.
2
A referral shall not be allocated to a particular adjudicator if the referral relates to the area of a local education authority–
a
by whom, or by whose predecessor authority (if any), the particular adjudicator in question has been employed at any time during the period of ten years ending with the date on which the referral was made; or
b
in which the particular adjudicator in question resides.
3
In this regulation “the chief adjudicator” means a person, appointed under section 26 of the Act to act as an adjudicator, designated by the Secretary of State as such.
4
In paragraph (2) a local education authority (“ LEA A ”) is the predecessor of another local education authority (“ LEA B ”) if as a result of a structural change or boundary change (within the meaning of section 14 of the Local Government Act 1992 ) effected by an order under section 17 of that Act, LEA A ceases to exercise functions in relation to any area and LEA B exercises functions in relation to that area.
Estelle Morris
Minister of State,
Department for Education and Employment
6th March 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Borough of High Peak (Electoral Changes) Order 1999.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 1st May 2003, on 10th October 2002;
b
for all other purposes, on 1st May 2003.
3
In this Order —
“borough” means the borough of High Peak;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
any reference to the map is a reference to the map prepared by the Department of the Environment, Transport and the Regions marked “Map of the Borough of High Peak (Electoral Changes) Order 1999”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 ; and
any reference to a numbered sheet is a reference to a sheet of the map which bears that number.
Wards of High Peak
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into twenty-eight wards which shall bear the names set out in column (1) of the Schedule.
3
The wards shall comprise the areas described in column (2) of the Schedule by reference to parishes or, where no area is so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of the Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, waterway or similar geographical feature, it shall be treated as running along the centre line of the feature.
Wards of the parish of Chapel-en-le-Frith
3
1
The existing wards of the parish of Chapel-en-le-Frith shall be abolished.
2
The parish shall be divided into four wards which shall bear the names —
Barren Clough, Combs and Whitehough,
Chapel East,
Chapel West and
Dove Holes and Martinside;
and the wards shall comprise the areas designated on sheets 7 and 8 by reference to the names of the wards and demarcated by orange lines.
3
The number of councillors to be elected for the Chapel West ward shall be six, for the Chapel East ward three, and for each of the Barren Clough, Combs and Whitehough and Dove Holes and Martinside wards, two.
Wards of the parish of Charlesworth
4
1
The parish shall be divided into two wards which shall bear the names St John’s and Simmondley; and the wards shall comprise the areas designated on sheets 9 and 10 by reference to the names of the wards and demarcated by orange lines.
2
The number of councillors to be elected for the St John’s parish ward shall be six and for the Simmondley parish ward shall be three.
Wards of the parish of Hayfield
5
1
The parish shall be divided into two wards which shall bear the names Hayfield Town and Hayfield West; and the wards shall comprise the areas designated on sheet 11 by reference to the names of the wards and demarcated by orange lines.
2
The number of councillors to be elected for the Hayfield Town parish ward shall be eight and for the Hayfield West parish ward shall be two.
Wards of the parish of New Mills
6
1
The existing wards of the parish of New Mills shall be abolished.
2
The parish shall be divided into three wards which shall bear the names Ollersett, Thornsett and Whitle; and the wards shall comprise the areas designated on sheet 12 by reference to the names of the wards and demarcated by orange lines.
3
The number of councillors to be elected for each of the Ollersett and Whitle parish wards shall be five and for the Thornsett parish ward shall be two.
Revocation
7
The Borough of High Peak (Electoral Arrangements) Order 1977 is hereby revoked.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions.
Beverley Hughes
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
27th September 1999


text:
Title, commencement, extent and interpretation
1
1
These Regulations may be cited as the Animal Feedingstuffs from Belgium (Control) Regulations 1999, shall come into force on 5th June 1999 and shall extend to Great Britain.
2
In these Regulations, unless the context requires otherwise, “ the Act ” means the Food Safety Act 1990 , expressions which are also used in the Act have the same meaning as they have there, expressions used in Food (Animal Products From Belgium) (Emergency Control) Order 1999 have the same meaning as in that Order, and “controlled entity” means any creature, product or material which is excluded from the definition of “relevant animal or animal product” in that Order solely by reason that it is neither food nor a food source.
Prohibitions and offence
2
1
Subject to paragraph (2) below–
a
no person shall sell any controlled entity which is not a live creature for the purpose of its being used to feed to an animal or in the manufacture of a product for such use;
b
no person shall possess, offer, expose, advertise, prepare, present, label, wrap, store or transport any such controlled entity for sale for that purpose;
c
no person shall consign, deliver or serve any such controlled entity by way of sale for that purpose;
d
no person shall derive material from any controlled entity for that purpose; and
e
no person shall import or export any controlled entity for that purpose.
2
Paragraph (1) above shall not be taken to prohibit the bringing into Great Britain from a member State of any controlled entity in free circulation in that member State.
3
Any person who contravenes paragraph (1) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale or imprisonment not exceeding three months.
Enforcement
3
1
It shall be the duty of each food authority and port health authority to enforce and execute these Regulations within its area or district, as appropriate.
2
An authorised officer of a food authority shall have the same powers of entry for the purposes of the exercise of that duty as are bestowed on an authorised officer of an enforcement authority by section 32 of the Act for purposes connected with the Act or regulations or orders under the Act.
Application and modification of various provisions of the Act
4
1
Section 9 of the Act (inspection and seizure of suspected food) shall apply for the purposes of these Regulations, subject to the following modifications–
a
the references in subsections (1) and (2) to “food authority” shall be construed as including reference to a port health authority;
b
subsections (1) and (2) shall extend to any creature, product or material which appears to an authorised officer to come within the definition of “controlled entity”;
c
subsections (3) to (9) thereof shall apply–
i
to any creature, product or material falling within sub-paragraph (b) above as it applies to food which appears to an authorised officer to fail to comply with food safety requirements or to be likely to cause food poisoning or any disease communicable to human beings, and
ii
to any controlled entity as if it were food which failed to comply with food safety requirements,
save that each reference to human consumption shall be taken as a reference to animal consumption, that where a notice under subsection (3)(a)(i) is given in relation to a live creature, the notice is to relate to material which may come to be derived from the live creature, that subsection (6) thereof shall apply in relation to the destruction or disposal of a live creature so as to prevent any material which may come to be derived from it from being used for animal consumption and that a justice of the peace shall decline to condemn any creature, product or material falling within sub-paragraph (b) above under subsection (6) thereof if and only if it is proved to him that it does not comprise a controlled entity.
2
The following provisions of the Act shall apply, subject to paragraph (3) below, for the purposes of these Regulations and any reference in those provisions to the Act shall be construed for the purposes of these Regulations as a reference to these Regulations–
a
section 33 (obstruction etc. of officers);
b
section 35(1) (punishment of offences) in so far as it relates to offences under section 33 as applied by sub-paragraph (a) above; and
c
section 44 (protection of officers acting in good faith).
3
In section 44 of the Act the references to “food authority” shall be construed as including reference to a port health authority.
Nick Brown
Minister of Agriculture, Fisheries and Food
4th June 1999


text:
Citation and commencement
1
This Order may be cited as the Cornwall Healthcare National Health Service Trust (Establishment) Amendment (No. 2) Order 1999 and shall come into force on 1st April 1999.
Amendment of NHS trust Establishment Order
2
In article 4 of the Cornwall Healthcare National Health Service Trust (Establishment) Order 1993 , for “5 non-executive” substitute “6 non-executive”.
Frank Dobson
One of Her Majesty’s Principal Secretaries of State,
Department of Health
18th March 1999


text:
Citation, commencement and introduction
1
This Order may be cited as the London Cab (No. 2) Order 1999 and shall come into force on 29th December 1999.
2
The London Cab Order 1934 shall be amended in accordance with the following provisions of this Order.
Amendments to paragraph 41 (extra charges payable for the hiring of a motor cab)
3
1
Paragraph 41 shall be amended as follows.
2
In sub-paragraph (2)(a), at the beginning, for “In addition to” there shall be substituted “Subject to sub-paragraphs (5) and (6), in addition to”.
3
In sub-paragraph (3) after “prescribed in this paragraph” there shall be inserted “, other than that prescribed by virtue of sub-paragraph (6),”.
4
After sub-paragraph (4) there shall be added–
5
Sub-paragraph (2)(a)(i) shall not apply in relation to a hiring which–
a
commences or terminates between the hours of 8pm on 31st December 1999 and 6am on 1st January 2000, and
b
meets the requirements of sub-paragraph (7).
6
In relation to such a hiring an extra charge of–
a
£25; or
b
if less, a sum equal to the aggregate of–
i
the fare payable for that hiring in accordance with the last preceding paragraph, and
ii
any extra charge payable for that hiring in accordance with sub-paragraphs (1) and (2)(a)(v) of this paragraph, shall be payable by the hirer for the whole of the journey to which the hiring relates in addition to the fare payable for that hiring in accordance with the last preceding paragraph.
7
The requirements referred to in sub-paragraph (5) are that a notice setting out how the extra charge payable by virtue of sub-paragraph (6) is to be computed is kept prominently displayed in the cab throughout the hiring in a form approved by the Assistant Commissioner and in such manner as to be clearly legible by the hirer.
Signed by authority of the Secretary of State
Keith Hill
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
6th December 1999


text:
Citation and commencement
1
This Order may be cited as the Protection of Wrecks (Designation) Order 1999 and shall come into force on 22nd February 1999.
Identification of Site and Designation of Restricted Area
2
1
The site where a vessel lies, or is supposed to lie, wrecked on or in the sea bed is in position Latitude 56° 02.407' North, Longitude 03° 14.856' West.
2
The area within a distance of 100 metres of the site identified in paragraph (1) above (but excluding any area above high water mark of ordinary spring tides) is designated as a restricted area.
Calum MacDonald
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
29th January 1999


text:
Title and commencement
1
These Regulations may be cited as the Specified Risk Material (Inspection Charges) Regulations 1999 and shall come into force on 29th March 1999.
Interpretation
2
In these Regulations, unless the context otherwise requires–
“authorised” means authorised under regulation 15(7) of the Specified Risk Material Regulations 1997 ;
“cutting premises” means cutting premises (as defined by regulation 2(1) of the Fresh Meat (Hygiene and Inspection) Regulations 1995 ) licensed under regulation 4 thereof;
“employers' National Insurance contributions” means those social security contributions for which employers are liable under Part I of the Social Security Contributions and Benefits Act 1992 ;
“owner” means, in relation to any slaughterhouse or any authorised cutting premises, any person (save one who is also its occupier) who owns any interest in it;
“slaughterhouse” includes an authorised slaughterhouse;
“the SRM charge” means the charge calculated in accordance with the Schedule to these Regulations in respect of the costs incurred by the Minister in carrying out the SRM inspections;
“the SRM inspections” means any of the inspections and controls specified in regulation 10(9) or 15(4) of the Specified Risk Material Regulations 1997;
“SRM inspector” means a person engaged in carrying out the SRM inspections on behalf of the Minister.
Charges
3
1
The Minister shall send to the occupier of any slaughterhouse or any authorised cutting premises notification of the SRM charge in respect of the SRM inspections undertaken there in any accounting period as soon as practicable after the end of that period.
2
As soon as the SRM charge has been notified to an occupier in accordance with paragraph (1) above, both the occupier and the owner of the establishment in respect of which it arose shall be jointly and severally liable for the amount of the charge as a debt owed to the Minister.
3
For the purposes of this regulation, “accounting period” means a period determined by the Minister.
Information
4
1
Any person shall, on demand being made to him by the Minister, supply–
a
such information as the Minister may reasonably require for the purpose of calculating the SRM charge or of notifying an occupier or owner of it; and
b
such evidence as the Minister may reasonably require to enable him to verify any information supplied to him under sub-paragraph (a) of this paragraph.
2
Any person who–
a
in purported compliance with paragraph (1) above knowingly or recklessly furnishes information which is false or misleading in a material particular; or
b
without reasonable excuse fails to comply within a reasonable time with a demand made under paragraph (1) above,
shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Amendments to the Specified Risk Material Regulations 1997
5
1
The Specified Risk Material Regulations 1997 shall be amended in accordance with the following paragraphs of this regulation.
2
The following paragraph shall be inserted after paragraph (10) of regulation 10 (initial treatment of bovine, sheep and goat carcases in a slaughterhouse)–
11
No person shall sell the carcase of any ruminant animal for human consumption unless it has been subjected to the controls specified in–
a
paragraph (9) above; or
b
(in the case of the carcase of any sheep or goat consigned to an authorised slaughterhouse or to authorised cutting premises pursuant to paragraph (2)(b) above) regulation 15(4) below,
and found to comply with the requirements of these Regulations.
.
3
The following regulation shall be inserted after regulation 31 (enforcement)–
Withdrawal of inspections and supervision and suspension of authorisations
31A
1
Where the Minister has had judgment entered against the occupier or owner of any slaughterhouse or any authorised cutting premises for any sum for which that person is jointly and severally liable as a debt owed to the Minister under paragraph (2) of regulation 3 of the Specified Risk Material (Inspection Charges) Regulations 1999 and the occupier or owner concerned fails within a reasonable time to satisfy the judgment the Minister may, without prejudice to any other legal remedy open to him–
a
(where the debt owed has arisen in respect of any inspections and controls carried out at a slaughterhouse in accordance with paragraph (9) of regulation 10 above) refuse to carry out any further inspections and controls at that slaughterhouse in accordance with that paragraph; and
b
(where the debt owed has arisen in respect of any inspections carried out at an authorised slaughterhouse or at authorised cutting premises in accordance with paragraph (4) of regulation 15 above) suspend the authorisation of the slaughterhouse or cutting premises concerned,
in each case until such time as the judgment has been satisfied.
2
In paragraph (1) above (insofar as it applies to Scotland)–
a
the reference to the Minister having had judgment entered against the occupier or owner of a slaughterhouse or authorised cutting premises is a reference to the Minister having obtained decree against such an occupier or owner; and
b
the references to a given judgment are references to the particular decree which is referred to earlier in that paragraph by virtue of the operation of sub-paragraph (a) of this paragraph.
.
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
24th February 1999
Signed by authority of the Secretary of State for Health
Tessa Jowell
Minister of State for Public Health
2nd March 1999
Signed by authority of the Secretary of State for Scotland
Sewel
Parliamentary Under Secretary of State, Scottish Office
3rd March 1999
Signed by authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under Secretary of State, Welsh Office
3rd March 1999


text:
Citation and commencement
1
These Rules may be cited as the Court of Protection (Amendment) Rules 1999 and shall come into force on 1st October 1999.
Interpretation
2
The Court of Protection Rules 1994 (“the Rules”) shall be amended in accordance with these Rules and a reference to a rule by number alone is a reference to the rule so numbered in the Rules and a reference to the Appendix to the Appendix to those Rules.
Amendments to the Court of Protection Rules 1994
3
In rule 9(2)(a) the figure “£10,000” shall be substituted for the figure “£5,000”.
4
In rule 21(3) for the words “according to the practice of the Chancery Division, would have been required to be served with the summons if the application had been made in the High Court”, substitute “would have been required to be served with the application notice if the application had been made in the High Court”.
5
In rule 79 the words “or other originating process” shall be deleted.
6
In rule 80(1) the words “issue of the first application for” and “or other originating process” shall be deleted.
7
For rule 82 substitute:
Fee on detailed assessment of costs
82
A fee is payable in respect of the detailed assessment of costs and on an appeal against a decision made in a detailed assessment of costs.
8
For rule 89 substitute:
Civil Procedure rules to apply
89
1
Subject to the provisions of these Rules, Parts 43, 44, 47 and 48 of the Civil Procedure Rules 1998 (“the 1998 Rules ”) shall apply, with the modifications in paragraph (2) and such other modifications as may be necessary, to costs incurred in relation to proceedings under these Rules as they apply to costs incurred in relation to proceedings in the High Court.
2
The modifications referred to in paragraph (1) are:
a
in rule 43.2(1)(c) of the 1998 Rules, costs officer shall include
i
a judge;
ii
the Master.
b
in rule 43.2(1)(d) of the 1998 Rules, authorised court officer shall include an officer of the court;
c
rule 44.3(2) of the 1998 Rules (costs follow the event) does not apply;
d
rules 44.9 to 44.12 of the 1998 Rules (costs on small claims and fast tracks and on track allocation or reallocation) do not apply;
e
rules 48.1 to 48.3 (costs payable by or to particular persons) and 48.7 to 48.10 (costs relating to solicitors and other legal representatives) of the 1998 Rules do not apply.
3
Where the court orders costs to be assessed by way of detailed assessment, the detailed assessment proceedings will take place in the High Court.
.
9
The Appendix shall be amended as follows:
a
in paragraph 1:
i
the words “or other originating process” in column 1 shall be deleted;
ii
the figure “£200” shall be substituted for the figure “£100” in column 2;
b
for paragraph 4 substitute:
Detailed assessment of costs (rule 82)
4
—
1
On the filing of a request for a detailed assessment of costs
£160
2
On an appeal against a decision made in a detailed assessment of costs or on an application to set aside a default costs certificate
£50
c
in column 2 of paragraph 7:
i
the figure “£300” shall be substituted for the figure “£250”; and
ii
the figure “£125” shall be substituted for the figure “£100”;
d
for Table 1 (Fee No. 2) substitute:
TABLE 1 (Fee No. 2)
Clear Annual Income
Income Band Exceeding Not Exceeding Fee
(i) £2,000 £100 (ii) £2,000 £5,000 £180 (iii) £5,000 £10,000 £450 (iv) £10,000 £15,000 £800 (v) £15,000 £25,000 £1,200 (vi) £25,000 £1,750
e
for Table 2 (Fee No. 6) substitute:
TABLE 2 (Fee No. 6)
Clear Annual Income
Income Band Exceeding Not Exceeding Fee
(i) £2,000 £200 (ii) £2,000 £5,000 £600 (iii) £5,000 £10,000 £1,500 (iv) £10,000 £15,000 £3,000 (v) £15,000 £25,000 £3,800 (vi) £25,000 £4,600
f
The Note to Tables 1 and 2 shall be deleted and shall be replaced by the following:
NOTE
In relation to fees 2 and 6, and their respective Tables, where income exceeds the lower limit of a band by less than the difference between the fee for that band and the fee for the next lower band, the fee charged shall be the fee for the lower band.
.
Transitional
10
1
The fees introduced by rule 7 above apply where a request for a detailed assessment of costs is filed on or after 1st October 1999.
2
In any other case the fees (including the fee payable on withdrawal of the bill of costs) applicable immediately before that date shall be paid.
3
Rule 8 above applies to any determination of costs that takes place on or after 1st October 1999, but so that, as a general rule, no costs for work done before that date shall be disallowed if they would have been allowed on taxation before that date.
Signed by the authority of the Lord Chancellor
David Lock
Parliamentary Secretary,
Lord Chancellor’s Department
Dated 6th September 1999
We consent
Bob Ainsworth
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 7th September 1999


text:
Title and commencement
1
These Regulations may be cited as the Hill Livestock (Compensatory Allowances) (Enforcement) Regulations 1999, and shall come into force on 16th December 1999.
Interpretation
2
1
In these Regulations, unless the context otherwise requires–
“area aid application” has the same meaning as in Article 6 of Council Regulation 3508/92 ;
“authorised person” means a person who is authorised by the competent authority, either generally or specially, to act in matters arising under these Regulations, whether or not he is an officer of that competent authority;
“breeding cow” means a female bovine animal comprised in a regular breeding herd which is not maintained primarily for the production of milk, which–
has borne a calf on or before the day on which a claim for a compensatory allowance for it is received by a competent authority or, in the case of a claim received before these Regulations come into force, had borne a calf on or before the day on which a claim was so received, and is, or was, capable of lactation on that day; or
has not yet borne a calf but–
has been added to the herd to replace, for the purposes of an application for the premium for maintaining suckler cows made in 1999 pursuant to regulation 3 of the 1993 Suckler Cow Regulations , an animal included in that application, and
was in calf when it was so added to the herd, and
is otherwise eligible for the said premium;
“the 1998 Cattle Regulations ” means the Cattle Identification Regulations 1998 ;
“claimant” means a person who has made a claim for a compensatory allowance;
“ Commission Regulation 1750/1999 ” means Commission Regulation ( EC ) No. 1750/1999 laying down detailed rules for the application of Council Regulation (EC) No. 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund ( EAGGF ) ;
“ Commission Regulation 2603/1999 ” means Commission Regulation (EC) No. 2603/1999 laying down rules for the transition to the rural development support provided for by Council Regulation (EC) No. 1257/1999 ;
“compensatory allowance” means a compensatory allowance payable in respect of the Scheme Year on the basis of livestock numbers for breeding cows or ewes in accordance with Article 7 of Commission Regulation 2603/1999;
“competent authority” means–
in relation to England, the Minister of Agriculture, Fisheries and Food;
in relation to Northern Ireland, the Department of Agriculture and Rural Development;
in relation to Scotland, the Scottish Ministers;
in relation to Wales, the National Assembly for Wales;
“Council Regulation 3508/92” means Council Regulation ( EEC ) No. 3508/92 establishing an integrated administration and control system for certain Community aid schemes ;
“ Council Regulation 1257/1999 ” means Council Regulation (EC) No. 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain Regulations ;
“ewe” means a female sheep which is at least one year old on 1st January 2000 and is comprised in a qualified flock;
“forage area” means land used to graze or feed livestock which was included as such in a valid area aid application submitted in 1999;
“holding” means all the production units managed by a claimant situated within the United Kingdom;
“husbandry practice” includes practice in relation to the grazing and feeding of livestock;
“the 1996 Order ” means the Sheep and Goats (Records, Identification and Movement) Order 1996 ;
“overgrazed” means grazed with livestock in such numbers as adversely to affect the growth, quality or species composition of vegetation (other than vegetation normally grazed to destruction) to a significant degree;
“production unit” has the same meaning as in Council Regulation 3508/92;
“regular breeding herd” means a herd of cattle which is usually kept on a production unit which includes land in a less-favoured area referred to in Article 14(1) of Council Regulation 1257/1999 and which is, in the opinion of the competent authority–
maintained primarily for the purpose of breeding and rearing calves; and
maintained and managed in accordance with sound husbandry practice;
“Scheme Year” means the calendar year 2000;
“the 1992 Sheep Regulations ” means the Sheep Annual Premium Regulations 1992 ;
“specified control measure” means any check which a member State is required to carry out under Article 47 of Commission Regulation 1750/1999;
“the 1993 Suckler Cow Regulations” means the Suckler Cow Premium Regulations 1993 ;
“unsuitable supplementary feeding methods” means providing supplementary feed (other than to maintain livestock during abnormal weather conditions) in such a manner as to result in damage to vegetation through excessive trampling or poaching of the land by animals or excessive rutting by vehicles;
“usual good farming practices” means the farming practices described in Article 14(2) of Council Regulation 1257/1999 and defined in Article 28 of Commission Regulation 1750/1999.
2
Any reference in these Regulations to a Community instrument is a reference to that instrument as amended on the date on which these Regulations are made.
3
Any reference in these Regulations to a numbered regulation (with no corresponding reference to a specific instrument) is a reference to the regulation so numbered in these Regulations.
Application
3
These Regulations shall apply where the holding which includes the claimant’s forage area is situated–
a
entirely in England,
b
entirely in Wales,
c
partly in England and partly in Wales,
d
partly in Northern Ireland and partly in England, Scotland or Wales, or
e
partly in Scotland and partly in England, Northern Ireland or Wales;
but not where the holding which includes the claimant’s forage area is situated–
f
entirely in Northern Ireland, or
g
entirely in Scotland.
Powers of authorised persons
4
1
An authorised person may at all reasonable hours, and on producing, if so required, some duly authenticated document showing his authority, exercise the powers specified in this regulation for the purposes of–
a
carrying out any specified control measure;
b
ascertaining whether an offence under regulation 6 has been or is being committed; or
c
ensuring that compensatory allowances are paid in proper cases only.
2
An authorised person may enter any land, other than land used only as a dwelling, which is, or which such person reasonably believes to be, occupied by a claimant or used by him for grazing breeding cows or ewes for which a claim for compensatory allowances has been made.
3
An authorised person who has entered any land by virtue of this regulation may–
a
inspect and verify the total area of that land, including forage area;
b
inspect and count any animals on that land and read the ear-tags or other identification marks of any such animals;
c
carry out any other activity which is a specified control measure; and
d
inspect that land for the purposes of determining whether usual good farming practices have been applied on it, whether it has been overgrazed or whether unsuitable supplementary feeding methods have been used on it.
4
An authorised person entering any land by virtue of this regulation may take with him such other persons acting under his instructions as he considers necessary.
5
An authorised person may–
a
require a claimant or any employee, servant or agent of a claimant to produce any document or other record in his possession or under his control relating to any animals kept or formerly kept by him (in particular any document or record relating to the animals concerned which the claimant is required to retain by virtue of the 1992 Sheep Regulations, the 1993 Suckler Cow Regulations, the 1996 Order or the 1998 Cattle Regulations), and to supply such additional information in that person’s possession or under his control relating to a claim for a compensatory allowance as the authorised person may reasonably request;
b
inspect any document or other record referred to in sub-paragraph (a) and, where any such record is kept by means of a computer, have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been used in connection with that record;
c
make such copies of any document or other record referred to in sub-paragraph (a) as he may think fit; and
d
seize and retain any document or other record referred to in sub-paragraph (a) which he has reason to believe may be required as evidence in proceedings under these Regulations, or in proceedings for recovery of any compensatory allowance unduly paid and, where any such record is kept by means of a computer, require it to be produced in a form in which it may be taken away.
Assistance to authorised persons
5
A claimant, any employee, servant or agent of a claimant or any person in charge of animals on the land shall give to an authorised person such assistance as the authorised person may reasonably request so as to enable the authorised person to exercise any power conferred by regulation 4 and in particular, in relation to any animal, shall arrange for the collection, penning and securing of such animal, if so requested.
Offences
6
It shall be an offence for a person–
a
intentionally to obstruct an authorised person in the exercise of a power conferred by regulation 4;
b
without reasonable excuse, to fail to comply with a requirement made under regulation 4 or a request made under regulation 5; or
c
knowingly or recklessly to make a statement or furnish any information which is false or misleading in a material particular where the statement is made or the information is furnished for the purposes of obtaining for himself or any other person the whole or any part of any compensatory allowance.
Penalties
7
1
A person guilty of an offence under regulation 6(a) or (b) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
2
A person guilty of an offence under regulation 6(c) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Time limit for prosecutions
8
1
Proceedings for an offence under regulation 6 may, subject to paragraph (2), be commenced within the period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant proceedings comes to his knowledge.
2
No such proceedings shall be commenced by virtue of this regulation more than twelve months after the commission of the offence.
3
For the purpose of this regulation, a certificate signed by or on behalf of the prosecutor and stating the date on which evidence sufficient in his opinion to warrant the proceedings came to his knowledge shall be conclusive evidence of that fact.
4
A certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.
5
In relation to proceedings in Scotland, section 136(3) of the Criminal Procedure (Scotland) Act 1995 (date of commencement of proceedings) shall apply for the purposes of this regulation as it applies for the purposes of that section.
Offences by bodies corporate
9
1
Where a body corporate 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
any director, manager, secretary or other similar officer of the body corporate; or
b
any person who was purporting to act in any such capacity,
he, as well as the body corporate, shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
2
For the purposes of paragraph (1), “director”, in relation to a body corporate whose affairs are managed by its members, means a member of that body corporate.
3
Where an offence under these Regulations is committed in Scotland by a Scottish partnership, and 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 the offence and shall be liable to be proceeded against and punished accordingly.
Joyce Quin
Minister of State, Ministry of Agriculture, Fisheries and Food
15th December 1999


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


text:
1
1
These Regulations may be cited as the Dual-Use and Related Goods (Export Control) (Amendment No. 2) Regulations 1999 and shall come into force on 14th July 1999.
2
In these Regulations, “the principal Regulations ” means the Dual-Use and Related Goods (Export Control) Regulations 1996 .
2
In regulation 2 of the principal Regulations, the following shall be added at the end of the definition of “exporter”:–
(save that where the export is to a destination outside the customs territory of the European Community, “exporter” shall have the same meaning as in the definition in Article 2(c) of the Regulation, to the extent that that definition applies).
.
3
In regulation 4(3) of the principal Regulations, the words “in writing” shall be inserted after the word “licence” where it first appears.
4
Regulation 8(2) of the principal Regulations shall be replaced by the following:–
No person shall be guilty of an offence under paragraph (1) above where–
the licence had been previously modified without that person’s consent
in the case of a licence, by the Secretary of State, or
in the case of a Community Licence, by the Secretary of State or other competent authority who granted that Community Licence;
the alleged failure to comply would not have been a failure had the licence not been so modified, and
that person proves that the goods in relation to which he has failed to comply with the condition had, at the time the condition was modified, been exported from the United Kingdom in the case of a licence or from the European Community in the case of a Community Licence.
.
5
1
The following amendments shall be made in Schedule 2 to the principal Regulations.
2
In Category 1 — Materials, Chemicals, Microorganisms & Toxins, entry 1C950 shall be replaced by the following:–
1C950
The export of goods specified in this entry is prohibited to any destination except to Member States.
Chemical mixtures as follows:–
Mixtures containing one or more of the chemicals specified in entries 1C350.1, .3, .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;
Mixtures containing any of the chemicals specified in entry 1C350.2, .6, .7, .8, .9, .10, .14, .15, .16, .19, .20, .24, .25, .30, .37, .38, .39, .40, .41, .42, .43, .44, .45, .46, .47, .48, .49, .50, .51, .52 and .53 of “Annex I” where the chemical constitutes more than 25% by weight of mixture.
Except
Mixtures which include any of the controlled chemicals which are put up for retail sale and intended for individual personal use or consumption.
;
3
In Category 9 — Aircraft, Space Vehicles, Propulsion Systems and Related Equipment,
a
in the head of each of entries 9A990, 9E990, 9A991 and 9E991, the words “in Iran, Iraq or Libya” shall be replaced by the words “in Iran or Iraq”, and
b
entries 9A993, 9D993 and 9E993 shall be revoked.
Kim Howells
Parliamentary Under Secretary of State for Competition and Consumer Affairs,
Department of Trade and Industry
23rd June 1999


text:
Citation and commencement
1
1
This Act of Adjournal may be cited as the Act of Adjournal (Criminal Procedure Rules Amendment No. 2) 1999 and shall come into force on 1st May 1999.
2
This Act of Adjournal shall be inserted in the Books of Adjournal.
Amendment of the Criminal Procedure Rules 1996
2
1
Schedule 2 to the Act of Adjournal (Criminal Procedure Rules) 1996 (criminal procedure)( shall be amended in accordance with this paragraph.
2
In rule 31.1(1) (which defines certain expressions for the purposes of Chapter 31), in the definition of “question”, for “177” substitute “234”.
3
In rule 31.5 (preparation of case for reference)–
a
in paragraph (2)–
i
in sub-paragraph (a), at the beginning insert “except in so far as the court may otherwise direct,”; and
ii
in sub-paragraph (b), for the words from “be”, where it first occurs, to the end substitute “if necessary, be further adjusted to take account of any adjustments required by the court”; and
b
after paragraph (2) there shall be added–
3
In preparing a reference, the parties shall have regard to the guidance set out in the annex to these Rules.
.
4
In the appendix, for Form 31.5 there shall be substituted the form set out in Schedule 1 to this Act of Adjournal.
5
After the appendix there shall be added the Annex set out in Schedule 2 to this Act of Adjournal.
Saving
3
Nothing in this Act of Adjournal affects any reference made before the coming into force of this Act of Adjournal.
Rodger of Earlsferry
Lord Justice General I.P.D.
Edinburgh,
28 April 1999.


text:
1
This Order may be cited as the A30 Trunk Road (Woodleigh Junction Slip Roads) Order 1999, and shall come into force on 10th June 1999.
2
In this Order —
a
all measurements of distance are measured along the route of the relevant highway;
b
i
“the new trunk roads” means the slip roads;
ii
“the plan” means the plan numbered HA 10/PS/208 marked “The A30 Trunk Road (Woodleigh Junction Slip Roads) Order 1999”, signed by authority of the Secretary of State for the Environment, Transport and the Regions and deposited at the Highways Agency, St. Christopher House, Southwark Street, London SE1 0TE; and
iii
“the slip roads” means the new highways which the Secretary of State proposes to construct along the routes described in the Schedule to this Order and which connect the existing trunk road with other highways at the places stated in that Schedule.
3
The slip roads shall become trunk roads from the date when this Order comes into force.
4
The centre line of each of the new trunk roads is indicated by a heavy black line on the plan.
5
The Secretary of State directs as respects any part of a highway which crosses the route of any of the new trunk roads that —
a
where the highway is maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and
b
where the highway is not so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for traffic.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions.
S. G. Rowsell
Divisional Director Highways Agency
21st May 1999.