text:
Citation and commencement
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (Enfield London Borough Council) Order 1999 and shall come into force on 8th February 1999.
Exemption of maintenance — of ground
2
The maintenance of ground by the council of the London borough of Enfield shall not be treated as a defined activity so long as it is carried out during the period beginning with the date on which this Order comes into force and ending immediately before 1st October 1999, at the following sites within the borough–
a
Forty Hall Park and Estate, Forty Hill,
b
Gough Park, Clay Hill,
c
Hillyfields, Browning Road,
d
Whitewebbs Park, Whitewebbs Road.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
12th January 1999


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
1
This Order may be cited as the Portsmouth Mile End Quay (Continental Ferry Port) Harbour Revision Order 1999 and shall come into force on 8th July 1999.
2
The Portsmouth Mile End Quay Harbour Revision Orders 1966 to 1994 and this Order may be cited as the Portsmouth Mile End Quay Harbour Revision Orders 1966 to 1999.
Interpretation
2
1
In this Order:–
“the Act of 1847 ” means the Harbours, Docks and Piers Clauses Act 1847 ;
“the authorised works” means the works authorised by this Order or any part of those works and where any part of those works remain uncompleted, includes the site thereof;
“ the Council ” means the Portsmouth City Council;
“deposited plan” and “deposited sections” mean respectively the plan and two sections prepared in duplicate signed by the Head of Ports Division in the Department of the Environment, Transport and the Regions and marked “Plan and Sections referred to in the Portsmouth Mile End Quay (Continental Ferry Port) Harbour Revision Order 1999”, of which one is deposited at the offices of the Department of the Environment, Transport and the Regions one at the offices of the Council;
“enactment” means any enactment whether public general or local and includes any order, byelaw, rule, regulation, scheme or other instrument having effect by virtue of an enactment;
“the level of high water” means the level of mean high-water springs;
“the limits of deviation” means the limits of deviation shown on the deposited plan;
“the Mile End Quay undertaking” means the undertaking of the Council authorised by the Portsmouth Mile End Quay Harbour Revision Orders 1966 to 1994 and the Mile End Gardens (Portsmouth) Act 1978 ;
“Queen’s Harbour Master” means the person for the time being appointed to be Queen’s Harbour Master of the Dockyard Port of Portsmouth under the Dockyard Ports Regulation Act 1865 ;
“tidal work” means a work on, under or over any part of the seashore lying below mean high water springs;
“ Trinity House ” means the Corporation of Trinity House of Deptford Strond;
“vessel” includes every description of water craft, including nondisplacement craft and seaplanes, used or capable of being used as a means of transportation on water.
2
All distances and lengths stated in any description of works, powers or lands shall be construed as if the words “or thereabouts” were inserted after each such distance and length.
Incorporation of Act of 1847
3
1
The Act of 1847 (except sections 6 to 13, 16 to 20, 23, 25 to 27, 31, 48 to 50, 67, 79 to 82, 84 to 90, 95, 97 and 98 and so much of the proviso to section 83 as follows the words “the special Act”), so far as the same is applicable for the purposes of and is not inconsistent with, or varied by, the provisions of this Order, is hereby incorporated with this Order.
2
In the Act of 1847 so incorporated–
a
section 15 of the Act of 1847 shall have effect as if, for the words from “ shall forfeit” to the end of the section, there were substituted the words “ shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale”;
b
section 34 of the Act of 1847 shall have effect as if, after the word “ may”, there were inserted the words “(on producing, if so required, a duly authenticated document showing his authority)”;
c
section 63 of the Act of 1847 shall have effect as if the words “and a further sum of twenty shillings for every hour that such vessel shall remain within the limits aforesaid, after a reasonable time for removing the same has expired after such requisition” were omitted; and
d
section 69 of the Act of 1847 shall have effect as if for the words from “ shall forfeit” to the end of the section there were substituted the words “ shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale”.
3
In the construction of the Act of 1847 as so incorporated the expression “ the special Act” shall mean this Order and the expression “vessel” shall have the meaning assigned to it by Article 2(1) of this Order.
4
a
For the purposes of section 83 of the Act of 1847 as so incorporated sections 236 to 238 of the Local Government Act 1972 shall apply to this Order as if it were such an enactment as is referred to in the said section 236, and:–
i
for the purposes of the said section 236 the confirming authority for byelaws made under the said section 83 shall be the said Secretary of State; and
ii
the said section 236 shall have effect as if in subsection (7) thereof after the word “confirm” where it firstly occurs in the subsection the words “with or without modification” were inserted.
b
If the Secretary of State, on considering byelaws relating to the Mile End Quay undertaking made by the Council and submitted under the said section 236 as having effect in accordance with paragraph (a) above, proposes to make a modification which appears to him to be substantial, then–
i
he shall inform the Council and require them to take any steps he considers necessary for informing persons likely to be concerned with the modification; and
ii
he shall not confirm the byelaws until such period has elapsed as he thinks reasonable for the Council and other persons who have been informed of the proposed modification to consider and comment on it.
Power to construct works
4
1
Subject to the provisions of this Order, the Council may, when they have acquired the necessary lands or obtained sufficient interests therein, make and maintain, within the limits of deviation shown therefor upon the deposited plan the following works in the City of Portsmouth: A quay wall and berth bankseat adjacent to the existing North Quay together with a breasting dolphin to the south of North Quay and a turning pile to the north west of the proposed Quay within an area of land enclosed by an imaginary line commencing at the southern corner of the existing berth 4 bankseat at point 463888 101728, passing north westerly for a distance of 96 metres to a point 463812 101787, hence in a north easterly direction for a distance of 101 metres to a point 463873 101868, thence in a north westerly direction for a distance of 20 metres to a point 463857 101880, thence in a north easterly direction for a distance of 40 metres to a point 463881 101912, thence in a south easterly direction for a distance on 20 metres to a point 463897 101900, thence in a north easterly direction for 145 metres to a point 463985 102015, thence in an easterly direction for a distance of 57 metres to a point 464042 102020, thence in a north easterly direction for a distance of 65 metres to a point 464082 102071 and thence in a south easterly direction a distance of 27 metres to the existing embankment at a point 464104 102055, and thence generally following along the existing embankment, existing North Quay, revetment slope and berth 4 bankseat to return to the point of commencement. The points specified in this paragraph are Ordnance Survey National Grid reference points.
2
The Council may within the limits of deviation therefor extend, enlarge, alter, replace or relay the authorised works.
3
The Council may authorise any person, company or undertaking to carry out the authorised works, as agent of the Council or otherwise.
Power to deviate
5
In constructing the authorised works the Council may deviate laterally from the lines or situations thereof shown on the deposited plan to the extent of the limits of deviation and may deviate vertically from the levels shown on the deposited sections to any extent not exceeding three metres upwards and to such extent downwards as may be found necessary or convenient.
Further powers as to works
6
Subject to the provisions of this Order, the Council may, by means of the authorised works, enclose and reclaim from the foreshore and bed of the sea, and may hold and use as part of the Mile End Quay undertaking, so much of the foreshore and bed of the sea as is situate within the limits of deviation and is required for, or in connection with, the authorised works.
Subsidiary works
7
1
Subject to paragraph (2) below and to the provisions of this Order, the Council may, in connection with the authorised works and within the limits of deviation, construct, erect, lay down, place, maintain, remove, replace, work or use all necessary or convenient bridges, abutments, booms, pontoons, fenders, bollards, ladders, tanks, pumps, conduits, pipes, wires, mains, cables, rails, signals, conveyors, cranes, lifts, hoists, passenger side loaders, drops, weighbridges, stairs, stages, platforms, catwalks, hand rails, barriers, landing places, dolphins, piles, buoys, moorings, beacons, approaches, buildings, sheds, offices, depots, roads, walls, fences, gates, equipment, machinery and appliances and such other works and apparatus as they think fit:
2
Electrical works, mechanical works or equipment constructed, erected, laid down, or placed or maintained, worked or used pursuant to the powers conferred by this article shall be so constructed, erected, laid down or placed, and so maintained, worked or used, that any electricity generated or conveyed by any such works or equipment or used therein or in connection therewith does not cause interference (whether by induction or otherwise) with any telecommunications apparatus or with telecommunication by means of any such apparatus.
Power to appropriate lands and works for particular trades etc
8
1
Notwithstanding anything in any statutory provision of local application the Council may from time to time for the purpose of or in connection with the management of the Mile End Quay undertaking set apart and appropriate any part of the undertaking for the exclusive, partial or preferential use and accommodation of any particular trade, person, vessel or class or vessels, or goods, subject to the payment of such charges and subject to such terms, conditions and regulations as the Council may think fit.
2
No person or vessel shall make use of any part of the undertaking so set apart or appropriated without the consent of the Harbour Master or other duly authorised officer of the Council and the Harbour Master or, as the case may be, such officer, may order any person or vessel making use thereof without such consent to leave or be removed and the provisions of section 58 (Powers of harbour master as to mooring of vessels in harbour) of the 1847 Act shall extend and apply mutatis mutandis to and in relation to any such vessels.
Limits of Harbour Master’s jurisdiction
9
1
Subject to paragraph (2) below, the limits within which the powers of the Harbour Master of the Council may be exercised under and subject to the provisions of the Act of 1847 as incorporated with this Order and all other powers enabling him in that behalf, shall extend:
a
to a distance of 100 metres in every direction from the authorised works; and
b
to so much of the dredged channels provided for access to those works and for accommodation of vessels at those works under Article 11 (Power to dredge, etc) of this Order as extend beyond 100 metres from those works.
2
The powers exercisable by virtue of this article shall be limited to vessels going to, moored at, or departing from the authorised works.
3
Section 52 of the Act of 1847 as incorporated with this Order shall extend to empower the Harbour Master of the Council to give directions prohibiting the mooring of vessels in or near to any approach to the authorised works.
4
In case of conflict between any directions given by the Harbour Master of the Council and any directions given by the Queen’s Harbour Master, the directions given by the Queen’s Harbour Master shall prevail.
Recovery of rates in respect of vessels
10
In addition to the remedy given by section 44 of the Act of 1847 as incorporated with this Order (recovery of rates in respect of vessels by distraint and sale of the vessel and its tackle), and whether or not the collector of rates has gone on board the vessel and demanded any rates which the master of the vessel has neglected or refused to pay, the Council may recover such rates as a debt in any court of competent jurisdiction.
Power to dredge etc
11
1
The Council may with the consent of the Queen’s Harbour Master enter upon and from time to time dredge, scour, deepen and improve the bed, shores and channels of the sea adjoining or near to the authorised works for the purpose of affording uninterrupted means of access thereto or the accommodation of vessels thereat.
2
Without prejudice to the generality of paragraph (1) above, the Council may exercise the powers of that paragraph so as to ensure a depth of 7.5 metres below Admiralty chart datum in the vicinity of, and in the approaches to, the authorised works.
3
All chalk, gravel, rock and other materials dredged up or removed by the Council in the exercise of the powers of this article shall be the property of the Council, and they may use the same, or any part thereof, or they may sell or otherwise dispose of or remove or deposit the same, as they think fit:
Provided that no such materials shall be laid down or deposited in any place below the level of high water–
a
otherwise than in such a position and under such conditions and restrictions as may be specified by the Secretary of State; and
b
without the consent in writing of the Queen’s Harbour Master having been first obtained.
4
The powers of the Council under this article shall be exercisable subject to the provisions of articles 24 (Crown rights) and 25 (Saving rights of Queen’s Harbour Master) of this Order; and, in particular and without prejudice to that general limitation, any consent given to the exercise of such powers by the Crown Estate Commissioners on behalf of Her Majesty may be given subject to such restrictions and conditions (including the payment by the Council to the Crown Estate Commissioners of royalties, rents or sums of money in respect of materials raised from any place below the level of high water and sold by the Council under this article or in respect of any place below the level of high water upon which materials may be deposited) as may be fixed by the Crown Estate Commissioners.
Harbour Master may Prevent Sailing of Vessels
12
The Harbour Master of the Council may prevent the removal or sailing from the authorised works of any vessel until evidence has been produced to him of the payment of any ship, passenger and goods dues and other charges payable in respect of the vessel or of passengers thereon or of the goods imported or exported therein.
Fine for Obstructing Works
13
Any person who intentionally or recklessly obstructs any person acting under the authority of the Council in setting out the lines of the authorised works, or who moves or removes any pole, stake, station point or bench mark established for the purpose of such setting out shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Tidal works not to be executed without approval of Secretary of State
14
1
A tidal work shall not be constructed, altered, enlarged, replaced, relaid or extended except in accordance with plans and sections approved by the Secretary of State and subject to any conditions and restrictions imposed by the Secretary of State before the work is begun.
2
If a tidal work is constructed, altered, enlarged, replaced, relaid or extended in contravention of this article–
a
the Secretary of State may by notice in writing require the Council at its own expense to remove the tidal work or any part thereof and restore the site thereof to its former condition and if on the expiration of thirty days from the date when the notice is served upon the Council they have failed to comply with the requirements of the notice the Secretary of State may execute the works specified in the notice; or
b
if it appears to the Secretary of State urgently necessary so to do he may remove the tidal work or part of it and restore the site to its former condition; and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the Council as a debt in any court of competent jurisdiction.
Provision against danger to navigation
15
1
In case of injury to or destruction or decay of a tidal work or any part thereof the Council shall as soon as reasonably practicable notify Trinity House and the Queen’s Harbour Master and shall lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as Trinity House shall from time to time direct.
2
If the Council shall fail to notify Trinity House or the Queen’s Harbour Master as required by paragraph 1 above or to comply in any respect with a direction given under that paragraph, they shall be liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Abatement of works abandoned or decayed
16
1
Where a tidal work is abandoned or suffered to fall into decay the Secretary of State may by notice in writing require the Council at its own expense either to repair and restore the work or any part thereof or to remove the work and restore the site thereof to its former condition to such an extent and within such limits as the Secretary of State thinks proper.
2
Where a work consisting partly of a tidal work and partly of works on or over land above the level of high water is abandoned or suffered to fall into decay and that part of the work on or over land above the level of high water is in such condition as to interfere or to cause reasonable apprehension that it may interfere with the right of navigation or other public rights over the foreshore, the Secretary of State may include that part of the work or any portion thereof in any notice under this article.
3
If on the expiration of thirty day from the date when a notice under this article is served upon the Council they have failed to comply with the requirements of the notice the Secretary of State may execute the works specified in the notice; and any expenditure incurred by him in so doing shall be recoverable from the Council as a debt in any court of competent jurisdiction.
Survey of tidal works
17
If the Secretary of State at any time deems it expedient to do so, he may order a survey and examination of a tidal work or of the site upon which it is proposed to construct the work, and any expenditure incurred by the Secretary of State in any such survey and examination shall be recoverable from the Council as a debt in any court of competent jurisdiction.
Permanent lights on tidal works
18
1
After the completion of a tidal work the Council shall at the outer extremity thereof exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation as Trinity House shall from time to time direct.
2
If the Council fail to comply in any respect with a direction given under paragraph 1 above, it shall be liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Lights on tidal works during construction
19
1
The Council shall at or near a tidal work during the whole time of the construction, alteration, enlargement, replacement, relaying or extension thereof exhibit every night from sunset to sunrise such lights if any and take such other steps for the prevention of danger to navigation as Trinity House shall from time to time direct.
2
If the Council fail to comply in any respect with a direction given under paragraph 1 above it shall be liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Recovery of fines
20
All fines and forfeitures recoverable under the provisions of the Act of 1847 as incorporated with this Order or under any byelaw made in pursuance of section 83 of the Act of 1847 as so incorporated may be recovered summarily.
Power to lease
21
The Council may lease or grant the use or occupation of, or any right or interest in or over, any lands, works, buildings, equipment or other property forming part of the authorised works for harbour purposes for such period or periods and on such terms and conditions as shall be agreed between the Council and the person taking the same.
Parking places
22
The Council may provide facilities within the authorised works for the parking of vehicles and trailers and for that purpose may erect barricades or fencing with relative offices, waiting rooms and other conveniences and may make reasonable charges for the use of such facilities.
Removal of vehicles etc
23
1
If a vehicle or trailer is left without the permission of the Council:
a
in any place where it is likely to obstruct or interfere with the use of the authorised works; or
b
in any part of the authorised works where the parking of vehicles or trailers is prohibited by notice erected by the Council;
the Council may remove the vehicle or trailer, or cause it to be removed.
2
Any notice erected under paragraph (1)(b) above shall be conspicuously posted in or close to the place to which it relates.
3
Where the Council in exercise of the powers of this Article remove a vehicle or trailer or cause it to be removed, the expense of and incidental to the removal shall be recoverable by the Council from any person responsible as a debt in any court of competent jurisdiction.
4
For the purposes of paragraph (3) above “person responsible” shall have the same meaning as in section 102(8) of the Road Traffic Regulation Act 1984 .
5
If the Council in exercise of the powers of this Article remove a vehicle to a place not readily visible from the place whence it is so removed they shall, if and so soon as it is reasonably practicable to do so, send to the person for the time being registered as the keeper of the vehicle for the purposes of the Road Vehicles (Registration and Licensing) Regulations 1971 or any other regulations having the like effect for the time being in force, at his last known address, his registered address or the address where the vehicle is ordinarily kept, notice that they have exercised the powers of this Article and of the place to which the vehicle has been removed.
6
A notice stating the general effect of paragraph (1) above shall be displayed in a prominent position at each place where a road accessible to vehicles enters any part of the Mile End Quay undertaking.
Crown Rights
24
Nothing in this Order affects prejudicially any estate, right, power, privilege or exemption of the Crown and, in particular, nothing herein contained authorises the Council to take, use or in any manner interfere with any portion of the shore or bed of the sea or of any river, channel, creek, bay or estuary or any land, hereditaments, subjects or rights of whatsoever description belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners without the consent in writing of those Commissioners on behalf of Her Majesty first had and obtained for that purpose.
Saving Rights of Queen’s Harbour Master
25
Nothing in this Order shall take away, alter, prejudice or affect the jurisdiction or any rights, powers, authorities or privileges of the Queen’s Harbour Master.
Inquiries by Secretary of State
26
The Secretary of State may cause such inquiries to be held as he may consider necessary for the purposes of the exercise of any of his powers and duties under this Order, and subsections (2) to (5) inclusive of section 250 of the Local Government Act 1972 shall apply to any such inquiry as if it were a local inquiry held in pursuance of subsection (1) of that section.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions.
Stephen Reeves
Head of Ports Division,
Department of the Environment, Transport and the Regions
7th July 1999


text:
Citation and commencement
1
These Regulations may be cited as the Highways (Assessment of Environmental Effects) Regulations 1999 and shall come into force on 13th March 1999.
Amendment of the Highways Act 1980
2
For Part VA of the Highways Act 1980 there shall be substituted the following:–
PART VA
ENVIRONMENTAL IMPACT ASSESSMENTS
Environmental impact assessments.
105A
1
In this Part–
“the Directive” means Council Directive No. 85/337/EEC on the assessment of the effects of certain public and private projects on the environment, as amended by Council Directive No. 97/11/EC ;
“Annex” means an Annex to the Directive; and
“relevant project” means a project for constructing or improving a highway where the area of the completed works together with any area occupied during the period of construction or improvement by requisite apparatus, equipment, machinery, materials, plant, spoil heaps or other such facilities exceeds 1 hectare or where any such area is situated in whole or in part in a sensitive area.
2
If the Secretary of State is considering a project for constructing or improving a highway for which he is the highway authority he must, before details of the project are published, determine whether or not it falls within Annex I or II.
3
If the Secretary of State–
a
considers that the project falls within Annex I, or
b
considers that it is a relevant project falling within Annex II and determines, having regard to the selection criteria contained in Annex III, that it should be made subject to an environmental impact assessment in accordance with the Directive,
he must, not later than the date when details of the project are published, publish an environmental statement.
4
To the extent to which the Secretary of State considers–
a
that it is relevant to the specific characteristics of the project and of the environmental features likely to be affected by it, and
b
that the information may reasonably be gathered (having regard among other matters to current knowledge and methods of assessment),
the environmental statement must contain the information referred to in Annex IV.
5
That information must include at least–
a
a description of the project (comprising information on the site, design and size of the project);
b
a description of the measures envisaged in order to avoid, reduce, and, if possible, remedy significant adverse effects;
c
the data required to identify and assess the main effects which the project is likely to have on the environment;
d
an outline of the main alternatives studied by the Secretary of State and an indication of the main reasons for his choice (taking into account the environmental effects);
e
a non-technical summary of the information mentioned in paragraphs (a) to (d).
6
“Sensitive area” means any of the following:–
a
land notified under section 28(1) (areas of special scientific interest) of the Wildlife and Countryside Act 1981 ;
b
land adjacent to such an area that is notified to the local planning authority in accordance with paragraph (u)(ii) in the table in article 10 of the Town and Country Planning (General Development Procedure) Order 1995 ;
c
land to which section 29(3) (nature conservation orders) of the Wildlife and Countryside Act 1981 applies;
d
a National Park within the meaning of the National Parks and Access to the Countryside Act 1949 ;
e
an area of outstanding natural beauty designated as such by an order made by the Countryside Commission, as respects England, or the Countryside Council for Wales, as respects Wales, under section 87 (designation of areas of outstanding natural beauty) of the National Parks and Access to the Countryside Act 1949 as confirmed by the Secretary of State.
f
the Broads as defined in the Norfolk and Suffolk Broads Act 1988 ;
g
a property appearing on the World Heritage List kept under article 11(2) of the 1972 UNESCO Convention for the Protection of the World Cultural and Natural Heritage. ;
h
a scheduled monument within the meaning of the Ancient Monuments and Archaeological Areas Act 1979 ;
i
a European site within the meaning of regulation 10 of the Conservation (Natural Habitats etc. ) Regulations 1994 .
Procedure
105B
1
The Secretary of State must ensure that any determination made by him as to whether or not a relevant project should be made subject to an environmental impact assessment in accordance with the Directive is published.
2
Any project for the construction or improvement of a special road which falls within Annex II is to be treated as having characteristics that require it to be made subject to an environmental impact assessment.
3
An environmental statement must be published so as to ensure that members of the public who are likely to be concerned are given a reasonable opportunity to express their opinion before the Secretary of State decides whether to proceed with the construction or improvement to which the assessment relates.
4
The Secretary of State must ensure that the consultation bodies are given an opportunity to express an opinion on the published details of the project and the environmental statement before he decides whether to proceed with the construction or improvement to which the assessment relates.
5
Before deciding whether to proceed with the construction or improvement in relation to which an environmental impact assessment has been made, the Secretary of State must take into consideration–
a
the environmental statement; and
b
any opinion on that statement expressed by a member of the public, by any of the consultation bodies or by any Member State consulted under section 105C.
6
When the Secretary of State has decided whether to proceed with the construction or improvement for which an environmental impact assessment has been made, he must publish his decision together with a statement confirming that he has complied with subsection (5) and must make available to the public documents containing–
a
the content of the decision and any conditions attached thereto;
b
the main reasons and considerations on which the decision is based; and
c
where his decision is to proceed with the construction or improvement, a description of the main measures to avoid, reduce and, if possible, offset the major adverse effects of the project.
7
Publication by the Secretary of State in accordance with subsections (1), (3) and (6) shall be in the London Gazette and in at least one local newspaper circulating in the area in which the project for the construction or improvement of the highway is situated.
8
In this section–
“the consultation bodies” means–
any principal council as defined in subsection (1) of section 270 of the Local Government Act 1972 for the area where the land is situated;
where the land is situated in England, the Countryside Commission, English Heritage and the Nature Conservancy Council for England;
where the land is situated in Wales, Cadw and the Countryside Council for Wales; and
the Environment Agency.
Other Member States.
105C
1
This section applies if–
a
it appears to the Secretary of State that a project to which section 105A(3) applies is likely to have a significant effect on the environment in another Member State; or
b
a Member State the environment of which is likely to be significantly affected by such a project asks the Secretary of State for information about it.
2
The Secretary of State must give the Member State–
a
a description of the project, together with any information available to him which suggests that it may have a significant effect on the environment in the Member State;
b
any information which he has on the nature of the decision which may be taken on the project;
c
information about the environmental impact assessment procedure (if he considers it appropriate); and
d
a reasonable period within which to indicate whether it wishes to participate in that procedure.
3
Subsection (2)(a) and (b) must be complied with no later than the date of publication of the determination referred to in Section 105B(1).
4
If the Member State indicates that it wishes to participate in the environmental impact assessment procedure, the Secretary of State must give it–
a
a copy of the environmental statement for the project (if he has not already done so); and
b
any information about the environmental impact assessment procedure which he considers it appropriate to give and which has not already been given to the Member State.
5
The Secretary of State, so far as he is concerned, must also–
a
arrange for the information which he has given to the Member State to be made available, within a reasonable time, to–
i
the authorities referred to in Article 6(1) of the Directive; and
ii
members of the public in the Member State who are likely to be concerned; and
b
ensure that those authorities and the public concerned are given a reasonable opportunity to give him their views before he decides whether to proceed with the project to which the environmental impact assessment relates.
6
The Secretary of State must, in accordance with Article 7(4) of the Directive–
a
enter into consultations with the Member State concerned regarding, among other matters, the potential significant effects of the project on the environment of that Member State and the measures envisaged to reduce or eliminate those effects; and
b
agree with that Member State a reasonable period for those consultations.
7
Where a Member State has been consulted in accordance with subsection (4), on the determination of the application concerned the Secretary of State must inform the Member State of the decision and must give it documents containing the matters referred to in section 105B(6).
8
In this section “Member State” has the same meaning as in the Directive.
Application
3
These Regulations do not apply–
a
to a project for which the Secretary of State had published an environmental statement before the date on which they came into force (“the commencement date”) but for which no draft order or scheme was published; or
b
to a project in relation to which a draft order or scheme was published before the commencement date; or
c
to a project where a draft order or scheme was not required and for which the works contract had been let before the commencement date.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions.
Larry Whitty
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
16th February 1999
Signed by authority of the Secretary of State for Wales.
Peter Hain
Parliamentary Under Secretary of State, Welsh Office
17th February 1999


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (General Ophthalmic Services) (Amendment) Regulations 1999 and shall come into force on 1st April 1999.
2
In these Regulations, “the 1986 Regulations ” means the National Health Service (General Ophthalmic Services) Regulations 1986 .
Amendment of regulation 3 of the 1986 Regulations
2
In regulation 3 of the 1986 Regulations (qualifications of ophthalmic medical practitioners)–
a
in paragraph (b)(iii), for “the Diploma in Ophthalmology awarded conjointly by the Royal College of Physicians of London and the Royal College of Surgeons of England,” substitute “the Membership of the Royal College of Ophthalmologists, ”; and
b
omit paragraph (c) and the word “or” preceding it.
Amendment of regulation 13 of the 1986 Regulations
3
In regulation 13 of the 1986 Regulations (sight tests eligibility) –
a
after paragraph (1)(b) insert–
bb
a person who is aged 60 years or more;
;
b
at the end of paragraph (1)(f) insert “, or has been advised by an ophthalmologist that he is predisposed to the development of glaucoma;”; and
c
after paragraph (2) insert–
2A
In paragraph (1)(f) “ophthalmologist” means a doctor whose name is included in the register of specialists kept by the General Medical Council under article 8 of the European Specialist Medical Qualifications Order 1995 and in respect of whom that register indicates his speciality to be ophthalmology.
.
Frank Dobson
One of Her Majesty’s Principal Secretaries of State,
Department of Health
9th March 1999


text:
1
This Order may be cited as the Value Added Tax (Importation of Investment Gold) Relief Order 1999 and shall come into force on 1st January 2000.
2
In this Order–
“Investment gold” has the same meaning as in Group 15 of Schedule 9 to the Value Added Tax Act 1994.
3
VAT shall not be chargeable on the importation of investment gold from places outside the member States.
Bob Ainsworth
David Jamieson
Two of the Lords Commissioners of Her Majesty’s Treasury
19th November 1999