text:
1
These Regulations may be cited as the Education (Bursaries for Teacher Training) (Revocation) (England) Regulations 1999 and shall come into force on 1st September 1999.
2
The Education (Bursaries for Teacher Training) Regulations 1994 and the Education (Bursaries for Teacher Training) (Amendment) Regulations 1995 are hereby revoked in relation to England.
Estelle Morris
Minister of State,
Department for Education and Employment
27th July 1999


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the European Communities (Designation) (No. 2) Order 1999 and shall come into force on 19th August 1999.
Designation of Ministers or departments
2
1
For the purposes of section 2(2) of the European Communities Act 1972 the Ministers or government departments specified in column (1) of the Schedule to this Order are hereby designated in relation to the matters specified in column (2) of that Schedule.
2
Where a Minister or government department is designated in relation to any item in column (2) of the said Schedule, then, for the purposes of the said section 2(2), that Minister or government department is also hereby designated in relation to anything supplemental or related to the matters specified in that item.
3
Where more than one Minister or government department is designated by this Order in relation to any matter, the designation of those Ministers or government departments has effect as respects the making of regulations by any of them or by more than one of them acting jointly.
4
Regulations made by a Northern Ireland department in pursuance of this Order, that are not made jointly with any Minister, shall form part of the law of Northern Ireland and not of any other part of the United Kingdom.
A.K. Galloway
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Borough of Reigate and Banstead (Electoral Changes) Order 1999.
2
This article, and so much of articles 2, 3 and 6 as relates to proceedings preliminary or relating to any election to be held on 4th May 2000, shall come into force on 10th October 1999.
3
Articles 2, 3 and 6 shall come into force for all other purposes on 4th May 2000.
4
Articles 4 and 5 shall come into force on 1st May 2003, except that, for the purpose of all proceedings preliminary or relating to elections of parish councillors for the parishes of Horley and Salfords and Sidlow to be held on or after that date, they shall come into force on 10th October 2002.
5
In this Order–
“the borough” means the borough of Reigate and Banstead;
“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 Reigate and Banstead (Electoral Changes) Order 1999”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 ; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Wards of Reigate and Banstead
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into nineteen wards which shall bear the names set out in column (1) of Schedule 1.
3
Each ward shall comprise 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 (2) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, waterway or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of Reigate and Banstead
3
1
Subject to the following provisions of this article, elections of councillors for wards of the borough shall be by thirds.
2
Elections of all councillors for all wards of the borough shall be held simultaneously on the ordinary day of election of councillors in 2000 .
3
The councillors holding office for any ward of the borough immediately before 8th May 2000 shall retire on that date and the newly elected councillors for those wards shall come into office on that date.
4
The order of retirement of councillors shall be as set out in Schedule 2.
5
Where the number of councillors elected in 2000 for any ward of the borough is two or more–
a
the first to retire shall, subject to paragraphs (6) and (7) below, be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
6
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
7
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
8
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
9
Except as otherwise provided in the foregoing paragraphs of this article, the term of office of councillors shall be four years and all councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly elected councillors shall come into office on the day on which their predecessors retire.
Wards of the parish of Horley
4
1
The existing wards of the parish of Horley shall be abolished.
2
The parish shall be divided into six parish wards which shall bear the names Horley North, Horley North Central, Horley North East, Horley North West, Horley South Central, and Horley South East; and the wards shall comprise the areas designated on sheet 5 by reference to the name of the wards and demarcated by orange lines.
3
The number of councillors to be elected for each of the Horley North and Horley North West parish wards shall be four; the number of councillors to be elected for each of the Horley North Central and Horley South Central parish wards shall be three; and the number of councillors to be elected for each of the Horley North East and Horley South East parish wards shall be two.
Wards of the parish of Salfords and Sidlow
5
1
The existing wards of the parish of Salfords and Sidlow shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names Salfords and Sidlow No. 1, Salfords and Sidlow No. 2 and Salfords and Sidlow No. 3; and the wards shall comprise the areas designated on sheet 5 by reference to the name of the wards and demarcated by orange lines.
3
The number of councillors to be elected for the Salfords and Sidlow No. 1 parish ward shall be six; and the number of councillors to be elected for each of the Salfords and Sidlow No. 2 and Salfords and Sidlow No. 3 parish wards shall be one.
Revocation
6
The Borough of Reigate and Banstead (Electoral Arrangements) Order 1976 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
6th September 1999


text:
Title and commencement
1
This Order may be cited as the Diseases of Animals (Approved Disinfectants) (Amendment) Order 1999 and shall come into force on 12th April 1999.
Amendments to the Diseases of Animals (Approved Disinfectants) Order 1978
2
The Diseases of Animals (Approved Disinfectants) Order 1978 is amended as follows —
a
for the provisions of Schedule 1 to that Order (which lists disinfectants approved by the Minister) there shall be substituted the Schedule set out in Schedule 1 to this Order;
b
for the provisions of Schedule 2 to that Order (which lists disinfectants subject to transitional provisions) there shall be substituted the Schedule set out in Schedule 2 to this Order; and
c
in article 6(2) of that Order (which specifies the date until which the disinfectants subject to the transitional provisions remain approved) for the words “31st December 1997” there shall be substituted “30th June 1999”.
Revocation
3
The Diseases of Animals (Approved Disinfectants) (Amendment) Order 1997 is revoked.
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
22nd March 1999
Calum MacDonald
Parliamentary Under Secretary of State, Scottish Office
16th March 1999
Signed by authority of the Secretary of State for Wales.
Jon Owen Jones
Parliamentary Under-Secretary of State for Wales
15th March 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the District of Salisbury (Electoral Changes) Order 1999.
2
This Order shall come into force —
a
for the purposes 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 1 May 2003.
3
In this Order —
“district” means the district of Salisbury;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
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 District of Salisbury (Electoral Changes) Order 1999”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of Salisbury
2
1
The existing wards of the district shall be abolished.
2
The district shall be divided into twenty-eight wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes or, where no area is so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, waterway or similar geographical feature, it shall be treated as running along the centre line of the feature.
Wards of the town of Amesbury
3
The town of Amesbury shall be divided into two town wards which shall bear the names set out in column (1) of Schedule 2; each town ward shall comprise the area of the district ward specified in respect of the town ward in column (2) of that Schedule, and the number of councillors to be elected for each town ward shall be the number specified in respect of the town ward in column (3) of that Schedule.
Wards of the parish of Laverstock
4
The parish of Laverstock shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 3; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule, and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Redlynch
5
The parish of Redlynch shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 4; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule, and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Revocation
6
The District of Salisbury (Electoral Arrangements) Order 1975 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
22nd October 1999


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Fund Maternity and Funeral Expenses (General) Amendment Regulations 1999 and shall come into force on 4th January 2000.
2
In these Regulations, “the principal Regulations ” means the Social Fund Maternity and Funeral Expenses (General) Regulations 1987 .
Amendment of the principal Regulations
2
1
The principal Regulations shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 4(4)(b) (provision against double payment), for the words “the amount of the award” there shall be substituted the words “the further amount of the award”.
3
In regulation 7 (entitlement) —
a
in paragraph (3), for sub-paragraph (a) there shall be substituted the following sub-paragraph —
a
there are one or more immediate family members of the deceased;
;
b
in paragraph (4) —
i
before sub-paragraph (a) there shall be inserted the following sub-paragraph —
za
a person who has not attained the age of 18;
;
ii
in sub-paragraph (a), for the words “aged less than 19” there shall be substituted the words “has attained the age of 18 but not the age of 19”;
c
in paragraph (7) —
i
in sub-paragraph (a), for the words “was a child”, there shall be substituted the words “had not attained the age of 18”;
ii
in sub-paragraph (b), for the words “a child” there shall be substituted the words “a person who had not attained the age of 18”.
4
In regulation 7A(2) (amount of funeral payment) —
a
for head (ii) in sub-paragraph (a) there shall be substituted the following head —
ii
the fees levied in respect of a burial by the authority or person responsible for the provision and maintenance of cemeteries for the area where the burial takes place in so far as it is necessary to incur those fees;
;
b
for head (i) in sub-paragraph (b) there shall be substituted the following heads —
i
the fees levied in respect of a cremation by the authority or person responsible for the provision and maintenance of crematoria for the area where the cremation takes place in so far as it is necessary to incur those fees;
ia
the cost of any medical references;
.
Saving
3
Where, in respect of a death which occurs before 4th January 2000, a claim is made for funeral expenses from the social fund in respect of a funeral which takes place on or before 4th April 2000, regulations 7 and 7A of the principal Regulations shall apply in respect of that claim as if regulation 2(3) and (4) of these Regulations had not been made.
Signed by authority of the Secretary of State for Social Security.
P. Hollis
Parliamentary Under-Secretary of State,
Department of Social Security
8th December 1999


text:
1
This Order may be cited as the Value Added Tax (Chiropractors) Order 1999 and shall come into force on 29th June 1999 and shall have effect in relation to supplies made on or after that date.
2
Group 7 (health and welfare) of Schedule 9 to the Value Added Tax Act 1994 shall be varied by inserting after paragraph (ca) of item 1 of that Group–
cb
the register of chiropractors maintained in accordance with the provisions of the Chiropractors Act 1994 ;
.
Jane Kennedy
Clive Betts
Two of the Lords Commissioners of Her Majesty’s Treasury
8th June 1999


text:
PART I
GENERAL
1
This Order may be cited as the International Mobile Satellite Organisation (Immunities and Privileges) Order 1999. It shall come into force on the date on which the Headquarters Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the International Mobile Satellite Organisation enters into force. This date shall be notified in the London, Edinburgh and Belfast Gazettes.
2
In this Order:
“ the Organisation ” means the International Mobile Satellite Organisation established by the Convention on the International Maritime Satellite Organisation as amended ;
“official activities” in relation to the Organisation means its administrative activities and those which it is authorised to undertake pursuant to the Convention on the International Maritime Satellite Organisation as amended;
“the 1961 Convention Articles ” means the Articles (being certain Articles of the Vienna Convention on Diplomatic Relations signed in 1961) which are set out in Schedule 1 to the Diplomatic Privileges Act 1964 .
3
The INMARSAT (Immunities and Privileges) Order 1980 is hereby revoked.
PART II
THE ORGANISATION
4
The Organisation is an organisation of which the United Kingdom and foreign sovereign powers are members.
5
The Organisation shall have the legal capacities of a body corporate.
6
The Organisation shall have the like inviolability of official archives as, in accordance with the 1961 Convention Articles, is accorded in respect of the official archives of a diplomatic mission.
7
1
Within the scope of its official activities the Organisation shall have immunity from suit and legal process except:
a
to the extent that it shall have waived such immunity in a particular case;
b
in respect of a civil action by a third party for damage arising from an accident caused by a motor vehicle belonging to, or operated on behalf of, the Organisation or in respect of a motor traffic offence involving such a vehicle;
c
in respect of an attachment order pursuant to the order of a Court of law, of the salaries, wages or other emoluments owed by the Organisation to a staff member, or a former staff member; and
d
in respect of a counter-claim directly connected with proceedings initiated by the Organisation.
2
Paragraph 1 of this Article shall not prevent the taking of such measures as may be permitted by law in relation to the property and assets of the Organisation in so far as they may be temporarily necessary in connection with the prevention and investigation of accidents involving motor vehicles belonging to, or operated on behalf of, the Organisation.
8
Within the scope of its official activities, the Organisation shall have exemption from taxes on income and capital gains.
9
The Organisation shall have the like relief from non-domestic rates on its official premises as, in accordance with Article 23 of the 1961 Convention Articles, is accorded in respect of the premises of a diplomatic mission.
10
The Organisation shall have exemption from duties (whether of customs or excise) and taxes on the importation of goods imported by the Organisation and necessary for the exercise of its official activities, such exemption to be subject to compliance with such conditions as the Commissioners of Customs and Excise may prescribe for the protection of the Revenue.
11
The Organisation shall have exemption from prohibitions and restrictions on importation or exportation in the case of goods imported or exported by or on behalf of the Organisation and necessary for the exercise of its official activities and in the case of any publications of the Organisation imported or exported by it within the scope of its official activities.
12
The Organisation shall have relief, under arrangements made by the Commissioners of Customs and Excise, by way of refund of duty (whether of customs or excise) paid on imported hydrocarbon oil within the meaning of the Hydrocarbon Oil Duties Act 1979 or value added tax paid on the importation of such oil which is bought in the United Kingdom by the Organisation and necessary for the exercise of its official activities, such relief to be subject to compliance with such conditions as may be imposed in accordance with the arrangements.
13
The Organisation shall have relief, under arrangements made by the Secretary of State, by way of refund of value added tax paid on the purchase of new vehicles which are necessary for the official activities of the Organisation, and of value added tax paid on the supply of any other goods and services of substantial value which are necessary for the official activities of the Organisation, such relief to be subject to compliance with such conditions as may be imposed in accordance with the arrangements.
14
The Organisation shall have relief, under arrangements made by the Secretary of State, by way of a refund of insurance premium tax and air passenger duty paid by the Organisation in the exercise of its official activities.
PART III
REPRESENTATIVES
15
1
Except in so far as in any particular case any privilege or immunity is waived by the Government of the Member State whom they represent, representatives of Member States of the Organisation shall enjoy:–
a
immunity from suit and legal process (even after the termination of their mission) in respect of acts, including words spoken and written, done by them in the exercise of their functions, except in the case of a motor traffic offence committed by a representative of a Member State, or in the case of damage caused by a motor vehicle belonging to or driven by such a representative;
b
while exercising their functions and during their journeys to and from the place of meeting, the like inviolability for all their official papers and documents as is accorded to a diplomatic agent;
c
while exercising their functions and in the course of their journeys to and from the place of meeting the like immunity from personal arrest or detention and from seizure of their personal baggage as is accorded to a diplomatic agent, provided that the representative shall not enjoy such immunity if there are reasonable grounds for suspecting that he is in the course of committing, attempting to commit, or has just committed an offence.
2
Part IV of Schedule 1 to the Act shall not operate so as to confer any privilege or immunity on the official staff of representatives, other than their alternate representatives and advisers.
3
Neither the provisions of the preceding paragraphs of this Article, nor those of Part IV of Schedule 1 to the Act, shall operate so as to confer any privilege or immunity on any persons as the representatives or alternate representatives, or their advisers, of Her Majesty’s Government in the United Kingdom or on any person who is a British citizen, a British Dependent Territories citizen, a British Overseas citizen, or a British National (Overseas).
4
Part IV of Schedule 1 to the Act shall not operate so as to confer any privilege or immunity on families of representatives, alternate representatives or advisers.
PART IV
OFFICERS
HIGH OFFICER
16
1
Except in so far as in any particular case any privilege or immunity is waived by the Assembly of the Organisation, the Director of the Organisation shall enjoy:–
a
the like immunity from personal arrest or detention as is accorded to a diplomatic agent;
b
the like immunity from suit and legal process as is accorded to a diplomatic agent; this immunity shall not apply, however, in the case of a motor traffic offence committed by him, nor in the case of damage caused to a motor vehicle belonging to or driven by him; provided that this Article shall not apply to any person who is a British citizen, a British Dependent Territories citizen, a British Overseas citizen, or a British National (Overseas) or who is a permanent resident of the United Kingdom.
2
Part IV of Schedule 1 to the Act shall not operate so as to confer any privilege or immunity on the family of an officer to whom this Article applies.
ALL OFFICERS
17
Except in so far as in any particular case any privilege or immunity is waived by the Director of the Organisation or, in the case of the Director, by the Assembly of the Organisation, all officers of the Organisation appointed or recruited for employment with the Organisation and subject to its staff regulations as well as the Director, with the exception of persons recruited locally and assigned to hourly rates of pay, shall enjoy:–
a
immunity from suit and legal process even after they have left the service of the Organisation, in respect of acts, including words written or spoken, done by them in the exercise of their functions; this immunity shall not apply, however, in the case of a motor traffic offence committed by an officer or in the case of damage caused by a motor vehicle belonging to or driven by him;
b
as from the date on which the salaries and emoluments received by them as officers of the Organisation become subject to taxation by the Organisation for its benefit, exemption from income tax in respect of such salaries and emoluments, provided that nothing in this sub-paragraph shall be interpreted as precluding such salaries and emoluments from being taken into account for the purpose of assessing the amount of taxation to be applied to income from other sources; this paragraph shall not apply to pensions or annuities paid by the Organisation;
c
unless they are British citizens, British Dependent Territories citizens, British Overseas citizens, or British Nationals (Overseas) or permanently resident in the United Kingdom, the like exemption from duties and taxes on the importation of furniture and personal effects (including one motor car each) which–
i
at the time when they first enter the United Kingdom to take up their post, are imported for their personal use or for their establishment, and
ii
were in their ownership or possession or which they were under contract to purchase immediately before they so entered the United Kingdom,
as in accordance with paragraph 1 of Article 36 of the 1961 Convention Articles is accorded to a diplomatic agent;
d
unless they are British citizens, British Dependent Territories citizens, British Overseas citizens, British Nationals (Overseas) or permanently resident in the United Kingdom, and provided that they are participating in a social security scheme established by the Organisation or in another such scheme, exemptions whereby for the purposes of the enactments relating to social security, including enactments in force in Northern Ireland–
i
services rendered for the Organisation by them shall be deemed to be excepted from any class of employment in respect of which contributions or premiums under those enactments are payable, but
ii
no person shall be rendered liable to pay any contribution or premium which he would not be required to pay if those services were not deemed to be so excepted.
PART V
EXPERTS
18
Except in so far as in any particular case any immunity or privilege is waived by the Director, experts (other than officers of the Organisation) shall, so far as is necessary for the carrying out of their functions, including during journeys made in carrying out their functions and in the course of their missions for the Organisation, enjoy:–
a
immunity from suit and legal process in respect of acts done by them in the exercise of their functions, including words written or spoken, except in the case of a motor traffic offence committed by an expert or in the case of damage caused by a motor vehicle belonging to or driven by him;
b
while exercising their functions in connection with the Organisation or in carrying out missions for the Organisation, the like inviolability for all their official papers and documents as is accorded to a diplomatic agent.
A.K. Galloway
Clerk of the Privy Council


text:
1
This Order may be cited as the Value Added Tax (Input Tax) (Amendment) (No. 2) Order 1999 and shall come into force on 1st January 2000.
2
The Value Added Tax (Input Tax) Order 1992 shall be amended as follows.
3
In article 2:
a
for the definition of “collectors' items” there shall be substituted–
“collectors' items” means any collection or collector’s piece falling within section 21(5) of the Act but excluding investment gold coins within the meaning of Note 1(b) and (c) to Group 15 of Schedule 9 to the Act;
b
for the definition of “works of art” there shall be substituted–
“work of art” has the same meaning as in section 21 of the Act.
.
Bob Ainsworth
David Jamieson
Two of the Lords Commissioners of Her Majesty’s Treasury
19th November 1999


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the M61 Motorway (Kearsley Spur) (Speed Limit) Regulations 1999 and shall come into force on 22nd September 1999.
2
In these Regulations–
a
“the Kearsley Spur” means the Kearsley Spur of the M61 Motorway at Kearsley in Greater Manchester; and
b
“the northbound exit slip road” means the northbound exit slip road linking the northbound carriageway of the Kearsley Spur with the Kearsley roundabout.
Imposition of speed limit
2
1
No person shall drive any motor vehicle at a speed exceeding 50 miles per hour on a restricted carriageway.
2
Each of the following is a restricted carriageway–
a
the northbound carriageway of the Kearsley Spur between its junction with the northbound exit slip road and its junction with the A666 (Bolton Road);
b
the northbound exit slip road between its junction with the northbound carriageway of the Kearsley Spur and its junction with the Kearsley roundabout (Bolton Road).
3
For the purposes of this regulation the junction between the Kearsley Spur and the northbound exit slip road shall be taken to be marked by a gantry over the carriageway on which there are for the time being displayed traffic signs of the size, colour and type shown in diagram 670 of the Traffic Signs Regulations 1994 varied to indicate a speed limit of 50 miles per hour.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Gus Macdonald
Minister of State,
Department of the Environment, Transport and the Regions
19th August 1999


text:
Citation and commencement
1
These Regulations may be cited as the Public Offers of Securities (Amendment) Regulations 1999 and shall come into force on 10th May 1999.
Amendments of the 1995 Regulations
2
The Public Offers of Securities Regulations 1995 are amended as follows:
a
in regulation 2(1), for the definition of “Euro-securities” there is substituted–
“Euro-securities” means securities which–
are to be underwritten (by whatever means, including acquisition or subscription, with a view to resale) and distributed by a syndicate at least two of the members of which have their registered offices in different countries or territories;
are to be offered on a significant scale in one or more countries or territories other than the country or territory in which the issuer has its registered office; and
may be acquired pursuant to the offer only through a credit institution or other financial institution;
;
b
after regulation 7(2)(f) there is inserted–
ff
the securities are the securities of a private company and are offered to holders of other securities in that company (whether or not of the same class) in pursuance of a requirement imposed by a provision in its articles of association or in an agreement between all the holders of securities, or all the holders of one or more classes of security, of that company;
;
c
in regulation 7(2)(i), for “paid for securities acquired” there is substituted “paid by any person for securities acquired by him”;
d
in regulation 7(2)(o), at the end of paragraph (i) there is inserted “, by a body corporate connected with the issuer or by a relevant trustee”;
e
in regulation 7(2), for sub-paragraph (s) there is substituted–
s
the securities offered are Euro-securities, and no advertisement relating to the offer is issued in the United Kingdom (within the meaning of the Act), or is caused to be so issued, by the issuer of the Euro-securities or by any credit institution or other financial institution through which the Euro-securities may be acquired pursuant to the offer, or by any body corporate which is a member of the same group as that issuer or any of those institutions, other than–
i
an advertisement falling within article 8 of the Financial Services Act 1986 (Investment Advertisements) (Exemptions) (No 2) Order 1995 ; or
ii
an advertisement which falls within article 11 of the Financial Services Act 1986 (Investment Advertisements) (Exemptions) Order 1996 , or would do so if there were added to the list of persons in paragraph (3) of that article a person with or for whom any credit institution or other financial institution through which the Euro-securities may be acquired pursuant to the offer has effected or arranged for the effecting of a transaction within the period of twelve months ending with the date on which the offer is first made;
;
f
in regulation 7(4), for “sub-paragraphs (a) to (g), (k) to (n), (p), (q) and (t)” there is substituted “sub-paragraphs (a) to (f), (g), (k) to (q) and (t)”;
g
in regulation 7, after paragraph (6) there is inserted–
6A
For the purposes of paragraph (2)(b), the making of an offer of securities to trustees of a trust or members of a partnership in their capacity as such, or the making of such an offer to any other two or more persons jointly, shall be treated as the making of an offer to a single person.
;
h
in regulation 7, for paragraph (10) there is substituted–
10
For the purposes of paragraph (2)(k), “takeover offer” means–
a
an offer to acquire shares in a body corporate incorporated in the United Kingdom which is a takeover offer within the meaning of Part XIIIA of the Companies Act 1985 (or would be such an offer if that Part of that Act applied in relation to any body corporate);
b
an offer to acquire all or substantially all the shares, or the shares of a particular class, in a body corporate incorporated outside the United Kingdom; or
c
an offer made to all the holders of shares, or of shares of a particular class, in a body corporate to acquire a specified proportion of those shares; but in determining whether an offer falls within sub-paragraph (b) there shall be disregarded any shares which the offeror or any associate of his holds or has contracted to acquire; and in determining whether an offer falls within sub-paragraph (c) the offeror, any associate of his and any person whose shares the offeror or any such associate has contracted to acquire shall not be regarded as holders of the shares.
10A
In paragraph (10)–
“associate” has the same meaning as in section 430E of the Companies Act 1985; and
“share” has the same meaning as in section 428(1) of that Act.
;
i
in regulation 7(11), for “28 days” there is substituted “60 days”;
j
in regulation 7(12), after the word “group” there is inserted “(within the meaning of Schedule 1 to the Act)”;
k
in regulation 7, after paragraph (12) there is inserted–
13
The references in paragraph (2)(o) to “a body corporate connected with the issuer” and to “a relevant trustee” shall be construed in accordance with paragraph 20 of Schedule 1 to the Act.
;
l
in regulation 8(2), for “its legal form” there is substituted “the legal form of the issuer or the offeror”;
m
after regulation 8(4) there is inserted–
4A
In determining for the purposes of paragraph (4) whether information is equivalent to that specified in paragraph 45 of Schedule 1, there shall be disregarded–
a
the requirements of sub-paragraphs (1)(a)(i), (1)(a)(iv), (1)(b)(iii), (2)(a)(ii), (2)(a)(iv) and (8)(b) of that paragraph; and
b
any requirement of sub-paragraph (10)(a), (10)(b) or (11)(c) to include a statement by the person responsible for the interim accounts or report.
;
n
in regulation 13, after paragraph (2) there is inserted–
2A
A person is not responsible under paragraph (1)(e) as the offeror of the securities if–
a
the issuer is responsible for the prospectus or supplementary prospectus in accordance with this regulation;
b
the prospectus or supplementary prospectus was drawn up primarily by the issuer, or by one or more persons acting on behalf of the issuer; and
c
the offeror is making the offer in association with the issuer.
;
o
in paragraph 10 of Schedule 1, for sub-paragraph (1) there is substituted–
1
A declaration by the directors of the issuer (where it is responsible for the prospectus) or (in any other case) by the directors of the offeror, that to the best of their knowledge the information contained in the prospectus is in accordance with the facts and that the prospectus makes no omission likely to affect the import of such information.
;
p
in paragraph 45 of Schedule 1–
i
at the end of sub-paragraph (9) there is inserted “, and for this purpose any reference in sub-paragraphs (3) to (8) to the issuer shall have effect as a reference to the subsidiary undertaking.”;
ii
after sub-paragraph (9) there is inserted–
9A
Neither sub-paragraph (2) nor sub-paragraph (9) requires the inclusion in the prospectus of the accounts of a subsidiary undertaking, a report dealing with those accounts, or any other information relating to a subsidiary undertaking, if the accounts are not, or the report or the information is not, reasonably necessary for the purpose of making an informed assessment of the issuer’s assets and liabilities, financial position, profits and losses and prospects, or of the securities being offered.
;
iii
in sub-paragraph (10)(a), for the words “and ending on the latest practicable date before (but not in any event more than three months before) the date on which the offer is first made” there are substituted the words “and ending not less than six months after the end of that financial year”;
q
in paragraph 8(1) of Schedule 4, paragraphs (a) and (c)(i) are revoked;
r
paragraph 11 of Schedule 4 is revoked;
s
in paragraph 1 of Schedule 5, sub-paragraph (3) is revoked.
Amendments of the 1986 Act
3
1
Part IV of the Financial Services Act 1986 is amended as follows.
2
Section 154A is renumbered as subsection (1) of that section and at the end there is inserted–
2
A person shall not be responsible under section 152(1)(a) above as applied by subsection (1) above where–
a
he is not the issuer, but is making the offer in association with the issuer; and
b
the prospectus or supplementary prospectus was drawn up primarily by the issuer, or by one or more persons acting on behalf of the issuer.
.
3
After section 156A(3) there is inserted–
3A
A person offering or proposing to offer securities shall not be responsible under section 152(1)(a) above as applied by subsection (3) above where–
a
he is not the issuer, but is making the offer in association with the issuer; and
b
the prospectus or supplementary prospectus was drawn up primarily by the issuer, or by one or more persons acting on behalf of the issuer.
.
4
In Schedule 11A to the Financial Services Act 1986 –
a
in paragraph 3(1)(h), for “paid for securities acquired” there is substituted “paid by any person for securities acquired by him”;
b
in paragraph 3(1)(n), at the end of sub-paragraph (i) there is inserted “, by a body corporate connected with the issuer or by a relevant trustee”;
c
in paragraph 3(1), for paragraph (r) there is substituted–
r
the securities offered are Euro-securities, and no advertisement relating to the offer is issued in the United Kingdom, or is caused to be so issued, by the issuer of the Euro-securities or by any credit institution or other financial institution through which the Euro-securities may be acquired pursuant to the offer, or by any body corporate which is a member of the same group as that issuer or any of those institutions, other than–
i
an advertisement falling within article 8 of the Financial Services Act 1986 (Investment Advertisements) (Exemptions) (No 2) Order 1995 ; or
ii
an advertisement which falls within article 11 of the Financial Services Act 1986 (Investment Advertisements) (Exemptions) Order 1996 , or would do so if there were added to the list of persons in paragraph (3) of that article a person with or for whom any credit institution or other financial institution through which the Euro-securities may be acquired pursuant to the offer has effected or arranged for the effecting of a transaction within the period of twelve months ending with the date on which the offer is first made;
;
d
in paragraph 3(2), in paragraph (a) of the definition of “Euro-securities”, after “underwritten” there is inserted “(by whatever means, including acquisition or subscription, with a view to resale)”;
e
in paragraph 3, after sub-paragraph (3) there is inserted–
3A
For the purposes of paragraph (b) of sub-paragraph (1) above, the making of an offer of securities to trustees of a trust or members of a partnership in their capacity as such, or the making of such an offer to any other two or more persons jointly, shall be treated as the making of an offer to a single person.
;
f
in paragraph 3, for sub-paragraph (6) there is substituted–
6
For the purposes of paragraph (j) of sub-paragraph (1) above, “takeover offer” means–
a
an offer to acquire shares in a body corporate incorporated in the United Kingdom which is a takeover offer within the meaning of Part XIIIA of the Companies Act 1985 (or would be such an offer if that Part of that Act applied in relation to any body corporate);
b
an offer to acquire all or substantially all the shares, or the shares of a particular class, in a body corporate incorporated outside the United Kingdom; or
c
an offer made to all the holders of shares, or of shares of a particular class, in a body corporate to acquire a specified proportion of those shares; but in determining whether an offer falls within paragraph (b) above there shall be disregarded any shares which the offeror or any associate of his holds or has contracted to acquire; and in determining whether an offer falls within paragraph (c) above the offeror, any associate of his and any person whose shares the offeror or any such associate has contracted to acquire shall not be regarded as holders of the shares.
6A
In sub-paragraph (6) above–
“associate” has the same meaning as in section 430E of the Companies Act 1985; and
“share” has the same meaning as in section 428(1) of that Act.
;
g
in paragraph 3(7), for “28 days” there is substituted “60 days”;
h
in paragraph 3(8)–
i
in paragraph (a), after the word “group” there is inserted “(within the meaning of Schedule 1 to this Act)”;
ii
the word “and” at the end of paragraph (a) is omitted; and
iii
after paragraph (b) there is inserted
and
c
the references to “a body corporate connected with the issuer” and to “a relevant trustee” shall be construed in accordance with paragraph 20 of Schedule 1 to this Act.
;
i
in paragraph 4(2), for “paragraphs (a) to (f), (j) to (m), (o), (p) and (s)” there is substituted “paragraphs (a) to (f), (j) to (p) and (s)”.
Amendment of the Banking Act 1987 (Advertisements) Regulations 1988
5
Regulation 2(4)(b) of the Banking Act 1987 (Advertisements) Regulations 1988 is revoked.
David Jamieson
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
9th March 1999


text:
Citation and commencement
1
These Regulations may be cited as the Water (Compulsory Works Powers) (Notice) Regulations 1999 and shall come into force on 8th March 1999.
Notice to be given to prescribed persons
2
Where an order is applied for under section 167 of the Water Industry Act 1991 or under section 168 of the Water Resources Act 1991 (compulsory works orders) which would authorise the stopping-up or diversion of a footpath or bridleway in an area specified in column 1 of the Schedule to these Regulations, a copy of the notice of the application shall be served on the persons specified in relation to that area in column 2 of that Schedule, in addition to the persons specified in paragraph 1(3)(a) to (f) of Schedule 11 to the Water Industry Act 1991 or, as the case may be, paragraph 1(3)(a) to (e) of Schedule 19 to, the Water Resources Act 1991.
Revocation
3
The Water (Compulsory Works Powers) (Notice) Regulations 1991 are hereby revoked.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Alan Meale
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
23rd January 1999
Signed by authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under Secretary of State, Welsh Office
27th January 1999
E. A. Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
2nd February 1999


text:
Citation and commencement
1
These Regulations may be cited as the Retirement Benefits Schemes (Continuation of Rights of Members of Approved Schemes) (Amendment) Regulations 1999 and shall come into force on 30th July 1999.
Interpretation
2
In these Regulations “the principal Regulations ” means the Retirement Benefits Schemes (Continuation of Rights of Members of Approved Schemes) Regulations 1990 and “regulation” means a regulation of the principal Regulations.
Amendment to the principal Regulations
3
After regulation 7 there shall be inserted the following regulation–
Modification of paragraph 23 of the Schedule – further provision
7AA
1
In the circumstances prescribed in paragraph (2) below, paragraph 23 of the Schedule shall be modified so that the references in paragraph 23(2)(b) and (3) to the pension payable under the scheme to the employee for the first year in which it is payable shall be construed disregarding the period between the first event and the second event.
2
The circumstances prescribed in this paragraph are circumstances where a pension becomes payable by virtue of voluntary contributions made to an approved scheme by the employee (in this regulation referred to as “the first event”), before benefits provided for him by–
a
the principal provisions of the scheme, or
b
where the scheme contains provision for the payment of voluntary contributions which is freestanding, the main scheme,
become payable (in this regulation referred to as “the second event”).
3
In this regulation “freestanding”, “principal provisions” and “the main scheme” have the same meanings as in paragraph 35 of Schedule 6 to the Finance Act 1989.
S C T Matheson
Tim Flesher
Two of the Commissioners of Inland Revenue
9th July 1999


text:
Citation and commencement
1
These Regulations may be cited as the St Mary’s Music School (Aided Places) Amendment Regulations 1999 and shall come into force on 1st August 1999.
Amendment of St Mary’s Music School (Aided Places) Regulations 1995
2
Schedule 1 to the St Mary’s Music School (Aided Places) Regulations 1995 is amended as follows:–
a
in sub-paragraphs (3) and (5) of paragraph 10 (references to income) for the sum of “£1,265” in the three places where it occurs substitute “£1,300”;
b
in paragraph 13 (remission of fees - boarding pupils)–
i
in sub-paragraph (2) for the sum of “£8,963” substitute “£9,183”; and
ii
in sub-paragraph (3) for the Table substitute–
TABLE
(1) (2) (3) Part of relevant income to which the specified percentage applies Only aided pupil Each of two aided pupils
That part which exceeds £9,034 but does not exceed £11,404 10% 7.5% That part which exceeds £11,404 but does not exceed £16,025 20% 15% That part in excess of £16,025 12.5% 7.5%
.
c
in paragraph 14 (remission of fees - day pupils) for the sums of “£11,275” and “£11,126” substitute “£11,553” and “£11,404” respectively;
d
in paragraph 18 (clothing grants)–
i
in sub-paragraph (3)–
aa
for the sum of “£11,673” substitute “£11,965”; and
bb
for heads (a) to (d) substitute–
a
£183, where the relevant income does not exceed £10,504;
b
£137, where that income exceeds £10,504 but does not exceed £10,993;
c
£87, where that income exceeds £10,993 but does not exceed £11,466;
d
£46, where that income exceeds £11,466 but does not exceed £11,965:
;
ii
in sub-paragraph (4)–
aa
for the sum of “£11,186” substitute “£11,466”; and
bb
for heads (a) and (b) substitute–
a
£69, where the relevant income does not exceed £10,670;
b
£36, where that income exceeds £10,670 but does not exceed £11,466.
;
e
in sub-paragraph (1) of paragraph 24 (amount of school travel grants) for the sums of “£10,427” and “£10,248” substitute “£10,683” and “£10,504” respectively.
Helen Liddell
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
23rd March 1999


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Allocation of Housing and Homelessness (Amendment) (England) Regulations 1999 and shall come into force on 24th August 1999.
2
These Regulations extend to England only.
Classes prescribed under section 161(2) of the Housing Act 1996 who are qualifying persons
2
In regulation 4 of the Allocation of Housing Regulations 1996 , at the end, there shall be inserted the following class–
Class CB (this applies in relation to England only) – a person who left the territory of Montserrat after 1st November 1995 because of the effect on that territory of a volcanic eruption.
.
Classes prescribed under section 161(3) of the Housing Act 1996 who are qualifying persons
3
In regulation 5 of the Allocation of Housing Regulations 1996, at the end, there shall be inserted the following class–
Class EA (this applies in relation to England only) – a person who left the territory of Montserrat after 1st November 1995 because of the effect on that territory of a volcanic eruption.
.
Classes of persons subject to immigration control who are eligible for housing assistance
4
In regulation 3(1) of the Homelessness Regulations 1996 , at the end, there shall be inserted the following class–
Class I (this applies in relation to England only) – a person who left the territory of Montserrat after 1st November 1995 because of the effect on that territory of a volcanic eruption.
.
Descriptions of persons who are to be treated as persons from abroad ineligible for housing assistance
5
1
Regulation 4 of the Homelessness Regulations 1996 is amended as follows.
2
At the beginning, there shall be inserted “(1)”.
3
After paragraph (a)(iv), there shall be inserted–
v
a person who is on an income-based jobseeker’s allowance or in receipt of income support;
.
4
At the end, there shall be added–
2
Paragraph (1)(a)(v) applies in relation to England only and the definitions in regulation 3(2)(a), (b) and (c) shall apply for the purposes of that paragraph.
.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
26th July 1999


text:
1
This Order may be cited as the Public Telecommunication System Designation (Metromedia Fiber Network UK Limited) Order 1999 and shall come into force on 5th January 2000.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Patricia Hewitt
Minister of State for Small Business and E Commerce,
Department of Trade and Industry
4th December 1999


text:
Citation and commencement
1
These Regulations may be cited as the Education (Transition to New Framework) (Miscellaneous Provisions) Regulations 1999 and shall come into force on 1st September 1999.
Pre-1993 Act Transfer of Control Agreements
2
1
In this regulation “the 1993 Act provisions” means the provisions of paragraph 6 or 7 as appropriate of Schedule 13 to the Education Act 1993 (pre-1993 Act transfer of control agreements) which continue to apply to certain agreements by virtue of paragraph 21 of Schedule 39 to the Education Act 1996 .
2
Where, immediately before 1st September 1999, the 1993 Act provisions applied to any agreement those provisions shall continue to apply despite the allocation, on that date, of the school in question to a new category under section 20 of, and Schedule 2 to, the School Standards and Framework Act 1998.
Religious educational trusts
3
In any order made by the Secretary of State prior to 1st September 1999 in exercise of the powers conferred on him by sections 554 and 556 of the Education Act 1996 or section 2 of the Education Act 1973 , for “grant-maintained school” there shall be substituted “foundation school” in any and all places where those words occur.
Baseline Assessments
4
The Education (Baseline Assessment) (England) Regulations 1998 shall be amended as follows–
a
in regulation 2 there shall be substituted for the definition of “appropriate authority” the following–
“appropriate authority” means, in relation to a school, the local education authority which maintains the school;
; and
b
Part I of the Schedule shall be omitted.
School Information Regulations
5
1
The Education (School Information) (England) Regulations 1998 shall be amended as follows.
2
In regulation 3–
a
in the definition of “local average figures” the words from “, all grant-maintained schools” to “in a hospital)” shall be omitted;
b
for the definition of “maintained school” there shall be substituted–
“maintained school” means:
any community, foundation or voluntary school, or
any community or foundation special school which is not established in a hospital,
but excludes any nursery school;
;
c
for the definition of “non-maintained special school” there shall be substituted–
“non-maintained special school” means a special school which is not maintained by an authority (and which is not established in a hospital);
; and
d
for the definition of “relevant authority” there shall be substituted–
“relevant authority” means the authority which maintains the school;
.
3
In regulation 12(1) “or special agreement” shall be omitted.
4
In Schedule 1–
a
for paragraph 4(a) there shall be substituted “(a) a community, voluntary controlled or voluntary aided school;”;
b
in paragraph 14(b) “community” shall be substituted for “county”;
c
in paragraph 15 “grant-maintained, grant-maintained special,” shall be omitted; and
d
in paragraph 17 “(including grant-maintained)” shall be omitted.
5
In Schedule 2–
a
for paragraph 2(a) there shall be substituted–
a
a community, controlled, aided, community special or foundation special school;
; and
b
in paragraph 3 “community” shall be substituted for “county” and “, special agreement or grant-maintained” shall be omitted.
School Performance Targets
6
1
The Education (School Performance Targets) (England) Regulations 1998 shall be amended as follows.
2
In regulation 2 for the definition of “school’s annual report” there shall be substituted
“school’s annual report”, in relation to a school, means the report which the governing body are required to prepare for every school year under section 42 of the School Standards and Framework Act 1998;
.
National Curriculum: temporary exceptions
7
The Education (National Curriculum) (Temporary Exceptions for Individual Pupils) Regulations 1989 shall be amended as follows–
a
for the definition of “maintained school” there shall be substituted–
“maintained school” means a community, foundation or voluntary school or a community or foundation special school which is not established in a hospital;
;
b
in regulation 6(1)(b)(ii) “in the case of a county, voluntary, or maintained special school, and, where the direction is a special direction, in the case of a grant-maintained school,” shall be omitted;
c
in regulation 9(1)(b) “, except in the case of a grant-maintained school,” shall be omitted;
d
in regulation 9(2) “and the local education authority's” shall be substituted for “(and, as the case may be, the local education authority's)”;
e
in regulation 11(1)(b) “except in the case of a grant-maintained school,” shall be omitted;
f
in regulation 11(2) “and the local education authority's” shall be substituted for “(and, as the case may be, the local education authority's)”; and
g
in regulation 13(2)(c) “in the case of a school other than a grant-maintained school,” shall be omitted.
Pupil Registration
8
1
The Education (Pupil Registration) Regulations 1995 shall be amended as follows.
2
In regulation 2 for the definition of “maintained school” there shall be substituted
“maintained school” means a school maintained by a local education authority;
.
Local Government Act 1972
9
There shall be substituted for section 80(3) of the Local Government Act 1972 (disqualifications for election and holding office as member of local authority)–
3
Subsection (1)(a) shall have effect in relation to a teacher in a school maintained by the local authority who does not hold an employment falling within that provision as it has effect in relation to a teacher in such a school who holds such an employment.
.
References to delegated budgets and staffing for non-school activities
10
1
The Education (References to Delegated Budgets and Revocation) Regulations 1999 (“the 1999 Regulations ”) shall be revoked.
2
The following shall be treated as a determination for the purposes of section 56(2) of the School Standards and Framework Act 1998 (staffing for non-school activities) notice of which has been given to the governing body of a maintained school under subsection (4) of that section–
a
the provisions of a scheme, such as is mentioned in section 101(1) of the Education Act 1996, which have continued to apply by virtue of regulation 5(1) of the 1999 Regulations for the purpose stated therein; and
b
a determination under regulation 5(2) of those Regulations notice of which has been given in writing to the governing body.
Jacqui Smith
Parliamentary Under Secretary of State,
Department for Education and Employment
2nd August 1999
David Hanson
Parliamentary Under Secretary of State, Office of the Secretary of State for Wales
6th August 1999


text:
Citation and commencement
1
These Regulations may be cited as the Taxes (Interest Rate) (Amendment No. 4) Regulations 1999 and shall come into force on 14th October 1999.
Interpretation
2
In these Regulations “the principal Regulations ” means the Taxes (Interest Rate) Regulations 1989 and “regulation” means a regulation of the principal Regulations.
Amendments to the principal Regulations
3
In regulation 3AA(1) after the word “shall,” there shall be inserted the words “except where regulation 3AC applies and”.
4
After regulation 3AB there shall be inserted the following regulation —
3AC
1
For the purposes of section 87 of the Taxes Management Act 1970 in so far as it relates to tax that becomes due and payable on or after 14th October 1999, the rate applicable under section 178 shall, subject to paragraph (2), be 7.5 per cent. per annum.
2
Where on a reference date after 14th October 1999 the reference rate found on that date differs from the established rate, the rate applicable under section 178 for the purposes mentioned in paragraph (1) shall, on and after the next operative date, be the percentage per annum found by applying the formula specified in paragraph (3).
3
The formula specified in this paragraph is —
RR + 2.5
where
RR is the reference rate referred to in paragraph (2).
Jim Dowd
Gordon Brown
Two of the Lords Commissioners of Her Majesty’s Treasury
21st September 1999


text:
PART I
Preliminary
Citation, commencement and application
1
1
These Regulations may be cited as the Road Traffic (Parking Adjudicators) (England and Wales) Regulations 1999 and shall come into force on 27th July 1999.
2
These Regulations apply to the areas designated as special parking areas or permitted parking areas by the Scheduled Orders.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Road Traffic Act 1991 and, in the application of these Regulations in relation to an area, a reference to any provision of the Act is a reference to that provision of the Act as modified and applied to that area by virtue of one of the Scheduled Orders;
“appeal” means an appeal under section 72 of, or paragraph 5 of Schedule 6 to, the Act;
“adjudicator” means a parking adjudicator appointed under section 73 of the Act and authorised to act in relation to an area to which these Regulations apply;
“ FAX ” means the making of a facsimile copy of a document by the transmission of electronic signals;
“hearing” means an oral hearing;
“proper officer” means a member of the administrative staff provided under section 73 of the Act appointed to perform the duties of the proper officer under these Regulations;
“register” means the register in which appeals and decisions thereon are recorded in accordance with regulation 10(2); and
“the Scheduled Orders” means the Orders —
which were made under Schedule 3 to the Act designating permitted parking areas and special parking areas outside London; and
each of which is specified in column (2) of an item in the table in the Schedule to these Regulations, with its statutory instrument number specified in column (3) of the item and the number of any Order amending it in column (4).
2
In these Regulations, in relation to an appeal or any process connected with an appeal, —
“appellant” means the person making the appeal;
“disputed decision” means the decision against which an appeal is brought under these Regulations;
“the local authority” means the local authority who made the disputed decision; and
“original representations” means the representations to the local authority under section 71 of, or paragraph 2 of Schedule 6 to, the Act.
PART II
Procedure relating to appeals
Initiating an appeal
3
1
An appeal shall be made by delivering a notice of appeal to the proper officer.
2
A notice of appeal —
a
must state the name and address of the appellant;
b
may specify some other address as being the address to which he wishes documents to be sent to him in connection with the appeal;
c
must state the date and any reference number of the disputed decision and the name of the local authority; and
d
may include any representations which the appellant desires to make in addition to the original representations.
3
If the notice of appeal is delivered to the proper officer later than the time limit mentioned in section 72(1) of, or paragraph 5(1) of Schedule 6 to, the Act (as the case may be), the appellant must include in the notice a statement of the reasons on which he relies for justifying the delay, and the adjudicator shall treat any such statement of reasons for delay as a request for extending that time limit.
4
The appellant or his authorised representative shall sign the notice of appeal.
Action upon receipt of notice of appeal and copy of such notice
4
1
Upon receiving a notice of appeal the proper officer shall —
a
send an acknowledgement of its receipt to the appellant;
b
enter particulars of it in the register; and
c
send to the local authority a copy of the notice of appeal and any direction extending the time limit for appealing.
2
Upon receipt of a copy of a notice of appeal sent under this regulation, the local authority shall within 7 days deliver to the proper officer a copy of —
a
the original representations;
b
a copy of the relevant charge notice (if any); and
c
a copy of the notice served under section 71(6) of, or (as the case may be) paragraph 2(7) of Schedule 6 to, the Act.
Further representations
5
1
Any party may deliver representations to the proper officer at any time before an appeal is determined.
2
The adjudicator may invite a party to deliver to the proper officer representations dealing with any matter relating to an appeal within such time and in such a manner as may be specified.
3
Where a party fails to respond to an invitation under paragraph (2), the adjudicator may (without prejudice to any other powers he may have) draw such inferences as appear to him proper.
4
Any representations delivered under this regulation shall be signed by, or by the authorised representative of, the party in question.
5
Where the appellant delivers representations to the proper officer under this regulation, the proper officer shall send a copy of the representations to the local authority.
6
Where the local authority delivers representations to the proper officer under this regulation, it shall at the same time send a copy of the representations to the appellant.
7
This regulation is without prejudice to the powers of an adjudicator under regulation 9.
Power to require attendance of witnesses
6
1
The adjudicator may require the attendance of any person (including a party to the proceedings) as a witness, at a time and place specified by him, at the hearing of an appeal and require him to answer any questions or produce any documents in his custody or control which relate to any matter in the proceedings.
2
Every document containing a requirement under paragraph (1) shall contain a reference to the fact that, under Section 73(14) of the Act any person who without reasonable excuse fails to comply with this requirement shall be liable on summary conviction to a fine, and the document shall state the amount of the current maximum fine.
3
A person in respect of whom a requirement has been made under paragraph (1) may apply to the adjudicator to vary or set aside the requirement.
4
A person shall not be bound to comply with a requirement under paragraph (1) unless he has been given at least 7 days' notice of the hearing or, if less than 7 days, he has informed the adjudicator that he accepts such notice as he has been given.
5
A person other than an appellant shall not be bound to comply with the requirement under paragraph (1) unless the necessary expenses of his attendance are paid or tendered to him.
6
No person shall be required to give any evidence or produce any document under paragraph (1) which he could not be required to give or produce on the trial of an action in a court of law.
Disposing of an appeal without a hearing
7
1
Subject to paragraph (2), the adjudicator may dispose of an appeal without a hearing.
2
The adjudicator shall not dispose of an appeal without a hearing if either party has requested a hearing unless —
a
the party who made the request withdraws his request before notice of a hearing has been sent to the other party under regulation 8; or
b
both parties have subsequently consented to the appeal being disposed of without a hearing.
3
The adjudicator shall not dispose of an appeal without a hearing until after the expiration of 4 weeks beginning on the day an acknowledgement is sent in accordance with regulation 4 unless both parties consent to the disposal taking place on an earlier date.
4
Notwithstanding anything in paragraphs (2) and (3), if both parties, having been sent a notice of the hearing of an appeal in accordance with regulation 8, fail to attend or be represented at the hearing, the adjudicator may subsequently dispose of the appeal without a hearing.
Notice of time and place of hearing
8
1
This regulation shall have effect where a hearing is to be held for the purpose of disposing of an appeal.
2
The proper officer shall fix the time and place of the hearing and, not less than 21 days before the date so fixed (or such shorter time as the parties agree), send to each party a notice that the hearing is to be at such time and place or notify them in such other manner as he thinks fit.
3
The adjudicator may alter the time and place of any hearing and the proper officer shall, not less than 7 days before the date the hearing is then to be held (or such shorter time as the parties agree), send to each party notice of the time and place of the hearing as altered or notify them in such other manner as he thinks fit.
4
This regulation applies to an adjourned hearing but, if the time and place of the adjourned hearing are announced before the adjournment, no further notice shall be required.
Procedure at a hearing
9
1
At the beginning of the hearing of an appeal the adjudicator shall explain the order of proceeding which he proposes to adopt.
2
Subject to the provisions of this regulation, the adjudicator shall conduct the hearing of an appeal in such manner as he considers most suitable to the clarification of the issues before him and generally to the just handling of the proceedings; he shall so far as appears to him appropriate seek to avoid formality in the proceedings.
3
Any hearing of an appeal by the adjudicator shall be in public except where the adjudicator is satisfied that, by reason of exceptional circumstances, it is just and reasonable for the hearing, or part of the hearing, to be in private.
4
The following persons shall be entitled to attend the hearing of an appeal whether or not it is in private —
a
any other adjudicator; or
b
a member of the Council on Tribunals.
5
The adjudicator, with the consent of the parties, may permit any other person to attend the hearing of an appeal which is held in private.
6
Without prejudice to any other powers he may have, the adjudicator may exclude from the hearing of an appeal, or part of it, any person whose conduct has disrupted or is likely, in the opinion of the adjudicator, to disrupt the hearing.
7
At the hearing of an appeal, the appellant may conduct his case himself (with the assistance from any person if he wishes) or may appear and, subject to paragraph (8), be represented by any person whether or not legally qualified.
8
If in any particular case the adjudicator is satisfied that there are good and sufficient reasons for doing so, he may refuse to permit a particular person to assist or represent the appellant at the hearing.
9
At the hearing of an appeal —
a
the parties shall be entitled to give evidence, to call witnesses, to question any witnesses and to address the adjudicator both on the evidence and generally on the subject matter of the appeal; and
b
the adjudicator may receive evidence of any fact which appears to him to be relevant notwithstanding that such evidence would be inadmissable in proceedings before a court of law.
10
Without prejudice to regulation 7(4), a party who has been sent a notice of the hearing of an appeal or otherwise notified of the hearing in accordance with regulation 8 fails to attend or be represented at the hearing, the adjudicator may dispose of the appeal in his absence.
Decisions on appeals
10
1
Where an appeal is disposed of at a hearing, the decision of the adjudicator may be given orally at the end of the hearing or reserved.
2
Where an appeal has been disposed of whether at a hearing or otherwise, the decision shall be recorded forthwith in the register with (save in the case of a decision by consent) a statement of the reasons for the decision and the proper officer shall send a copy of the entry to each party.
Review of adjudicator’s decision
11
1
The adjudicator shall have power, on the application of a party, to review and revoke or vary any decision to dismiss or allow an appeal or any decision as to costs on the grounds (in each case) that —
a
the decision was wrongly made as the result of an error on the part of his administrative staff;
b
a party who had failed to appear or be represented at a hearing had good and sufficient reason for his failure to appear;
c
where the decision was made after a hearing, new evidence has become available since the conclusion of the hearing, the existence of which could not have been reasonably known of or foreseen;
d
where the decision was made without a hearing, new evidence has become available since the decision was made, the existence of which could not have been reasonably known of or foreseen; or
e
the interests of justice require such a review.
2
An adjudicator shall have power, on the application of a party, to review and revoke or vary any interlocutory decision.
3
An application under this regulation shall be made to the proper officer within 14 days after the date on which the decision was sent to the parties, and must state the grounds in full.
4
The parties shall have the opportunity to be heard on any application for review under this regulation; and if, having reviewed the decision, the adjudicator directs the decision to be set aside, he shall substitute such decision as he thinks fit or order a re-determination by either the same or a different adjudicator.
5
Regulation 10 shall apply to a decision under paragraph (1) as it applies to a decision made on the disposal of an appeal.
Costs
12
1
The adjudicator shall not normally make an order awarding costs and expenses, but may, subject to paragraph (2), make such an order —
a
against a party (including an appellant who has withdrawn his appeal or a local authority that has consented to an appeal being allowed) if he is of the opinion that the party has acted frivolously or vexatiously or that his conduct in making, pursuing or resisting an appeal was wholly unreasonable; or
b
against the local authority, where he considers that the disputed decision was wholly unreasonable.
2
An order shall not be made under paragraph (1) against a party unless that party has been given an opportunity of making representations against the making of the order.
3
An order under paragraph (1) shall require the party against whom it is made to pay the other party a specified sum in respect of the costs and expenses incurred by that other party in connection with the proceedings.
Consolidation of proceedings
13
1
Where there are pending two or more appeals, then, should it at any time appear to the adjudicator that —
a
some common question of law or fact arises in both or all the appeals; or
b
for some other reason it is desirable to make an order under this regulation,
the adjudicator may order that some (as specified in the orders) or all of the appeals shall be considered together and may give such consequential directions as necessary.
2
An order shall not be made under this regulation unless all parties concerned have been given an opportunity to make representations against the making of such an order.
Miscellaneous powers of the adjudicator
14
1
The adjudicator may, if he thinks fit —
a
extend the time appointed by or under these Regulations for doing any act notwithstanding that the time appointed may have expired;
b
if the appellant at any time gives notice of the withdrawal of his appeal, dismiss the proceedings;
c
if the local authority consents to an appeal being allowed, allow the appeal;
d
if both or all of the parties agree in writing on the terms of a decision to be made by an adjudicator, decide accordingly; or
e
adjourn a hearing.
2
The powers of the adjudicator conferred by —
a
these Regulations (other than regulation 11);
b
section 72(1)(b) of the Act; and
c
paragraph 5(1)(b) of Schedule 6 to the Act,
may be exercised on his own motion or on the application of a party.
Clerical errors
15
Clerical mistakes in any document recording a direction or decision of the adjudicator, or errors arising in such a document from an accidental slip or omission, may be corrected by the proper officer on the direction of the adjudicator.
Service of documents
16
1
This regulation has effect in relation to any notice or other document required or authorised by these Regulations to be sent to a party to an appeal.
2
Subject to paragraph (3), any such document shall be regarded as having been sent to that party if it is —
a
delivered to him;
b
left at his proper address;
c
sent by post to him at that address;
d
transmitted to him by FAX or other means of electronic data transmission in accordance with paragraphs (3), (4) and (5).
3
A document may be transmitted by FAX where the party has indicated in writing to the proper officer that he is willing to regard a document as having been duly sent to him if it is transmitted to a specified FAX number and the document is transmitted to that number.
4
In the case of a local authority, an indication under paragraph (3) can be expressed to apply to any appeal to which it is a respondent.
5
Paragraphs (3) and (4) shall apply with appropriate modification to a transmission of electronic data other than by FAX as it applies to a transmission by FAX.
6
Where the proper address includes a numbered box number at a document exchange, delivery of a document may be effected by leaving the document addressed to that numbered box at that document exchange or at a document exchange which transmits documents every business day to that exchange; and any document which is left at a document exchange in accordance with this paragraph shall, unless the contrary is proved, be deemed to have been delivered on the second business day after the day on which it is left.
7
For the purposes of these Regulations and of section 7 of the Interpretation Act 1978 in its application to this regulation —
a
the proper address of the appellant is the address specified in his notice of appeal pursuant to paragraph (2)(b) of regulation 3 or (if no such address is so specified) the address specified pursuant to paragraph (2)(a) of that regulation; and
b
the proper address of a local authority in proceedings in which it is the respondent is such address as the local authority from time to time specifies in a notice delivered to the proper officer as being the proper address in all such proceedings.
8
If no address for service has been specified, the proper address for the purposes of these Regulations and section 7 of the Interpretation Act 1978 shall be —
a
in the case of an individual, his usual or last known address, or
b
in the case of a partnership, the principal or last known place of business of the firm within the United Kingdom, or
c
in the case of an incorporated or unincorporated body, the registered or principal office of the body.
9
An appellant may at any time by notice to the proper officer change his proper address for service for the purposes of these Regulations and section 7 of the Interpretation Act 1978.
10
A party may by notice in writing delivered to the proper officer vary or revoke any indication given to him under paragraph (3).
Delivery of documents to the proper officer
17
1
This regulation has effect in relation to any notice or other document required or authorised to be delivered to the proper officer and is without prejudice to regulation 5(3).
2
Any such document may be transmitted to him by FAX or other means of electronic data transmission.
3
Where the address of the proper officer includes a numbered box number at a document exchange, the delivery of such a document may be effected by leaving the document addressed to that numbered box at that document exchange or at a document exchange which transmits documents every business day to that exchange; and any document which is left at a document exchange in accordance with this paragraph shall, unless the contrary is proved, be deemed to have been delivered on the second business day after the day on which it is left.
4
Regulations 3(4) and 5(4) —
a
shall in the case of a document transmitted by FAX, be satisfied if a copy of the signature of the relevant person appears on the transmitted copy; and
b
shall not apply in relation to a document transmitted by other means of electronic data transmission.
PART III
References to the Adjudicator under paragraph 8(7) of Schedule 6 to the Act
Interpretation of Part III
18
This Part of these Regulations shall have effect for determining the procedure where —
a
an order of a county court is deemed to have been revoked under paragraph 8(5) of Schedule 6 to the Act; and
b
the local authority concerned has referred the case to the adjudicator under paragraph 8(7) of that Schedule;
and in relation to a case so referred, for the purposes of this Part of these Regulations, a relevant person is the person against whom the county court order has been made.
Procedure
19
1
Where a case has been referred to the adjudicator under paragraph 8(7) of Schedule 6 to the Act —
a
the proper officer shall enter particulars of the case in the register; and
b
without prejudice to his powers under that provision, the adjudicator shall give directions as to the conduct of the proceedings unless he decides that no such directions are necessary.
2
The adjudicator may, in particular —
a
if it appears to him that no appeal has been made by the relevant person in relation to the subject matter of the case, direct that the case proceed as an appeal; or
b
if it appears to him that an appeal has been made by the relevant person in relation to the subject matter of the case and that the appeal has been dismissed, direct that the case proceed as an application under regulation 11 to review that decision.
3
Where the adjudicator gives a direction under paragraph (2)(a), Part II of these Regulations shall apply to the proceedings with appropriate modification as if regulation 3 and 4 had been omitted.
PART IV
The Register
The register
20
1
The register shall be open for inspection by any person without charge at all reasonable hours at the accommodation provided for the parking adjudicators by the local authority in accordance with the relevant Scheduled Order.
2
The register may be kept in electronic form.
3
If the register is kept in electronic form, the duty to allow inspection is to be treated as a duty to allow inspection of a reproduction in legible form of the recording of the entry the inspection of which is being sought.
4
A document purporting to be certified by the proper officer to be a true copy of any entry of a decision in the register shall be evidence of the entry and of matters contained therein.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Glenda Jackson
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
30th June 1999
Signed by authority of the Secretary of State for Wales
Peter Hain
Parliamentary Under Secretary of State, Welsh Office
30th June 1999


text:
Citation, commencement and interpretation
1
These Regulations may be cited as the National Health Service (General Medical Services) Amendment (No. 2) Regulations 1999 and shall come into force on 1st July 1999.
Amendment of the National Health Service (General Medical Services) Regulations 1992
2
1
The National Health Service (General Medical Services) Regulations 1992 shall be amended as follows.
2
In Schedule 11 (drugs to be prescribed under pharmaceutical services only in certain circumstances)–
a
after the entry relating to Nizoral Cream there shall be inserted in columns 1, 2 and 3 respectively the following–
The following drugs for the treatment of erectile dysfunction–
Alprostadil (Caverject), (MUSE), (Viridal)
Moxisylyte Hydrochloride (Erecnos)
Thymoxamine Hydrochloride (Erecnos)
Sildenafil (Viagra)
a
a man with erectile dysfunction who on 14th September 1998 was receiving a course of treatment under the Act, the National Health Service (Scotland) Act 1978 or the Health and Personal Social Services (Northern Ireland) Order 1972 for this condition with any of the following drugs–
Alprostadil (Caverject), (MUSE), (Viridal)
Moxisylyte Hydrochloride (Erecnos)
Thymoxamine Hydrochloride (Erecnos)
Sildenafil (Viagra); or
b
a man who is a national of an EEA State who is entitled to treatment by virtue of Article 7(2) of Council Regulation 1612/68 as extended by the EEA Agreement or by virtue of any other enforceable Community right who has erectile dysfunction and was on 14th September 1998 receiving a course of treatment under a national health insurance system of an EEA State for this condition with any of the drugs listed in sub-paragraph (a); or
c
a man who is not a national of an EEA State but who is the member of the family of such a national who has an enforceable Community right to be treated no less favourably than the national in the provision of medical treatment and has erectile dysfunction and was being treated for that condition on 14th September 1998 with any of the drugs listed in sub-paragraph (a); or
d
a man who is suffering from any of the following–
diabetes
multiple sclerosis
Parkinson’s disease
poliomyelitis
prostate cancer
severe pelvic injury
single gene neurological disease
spina bifida
spinal cord injury; or
e
a man who is receiving treatment for renal failure by dialysis; or
f
a man who has had the following surgery–
prostatectomy
radical pelvic surgery
renal failure treated by transplant.
Treatment of erectile dysfunction
.
b
at the end there shall be added the following–
In this Schedule–
“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993;
“EEA State” means a State which is a contracting party to the EEA Agreement.
.
Frank Dobson
One of Her Majesty’s Principal Secretaries of State,
Department of Health
10th June 1999


text:
1
This Order may be cited as the A638 Trunk Road (B6273 Garmil Lane, West of Wragby to King Royd Lane, Brackenhill Common, Ackworth) (Detrunking) Order 1999 and shall come into force on 1st April 1999.
2
In this Order–
i
“the plan” means the plan numbered HA10/PS/211 marked “The A638 Trunk Road (B6273 Garmil Lane, West of Wragby to King Royd Lane, Brackenhill Common, Ackworth) (Detrunking) Order 1999”, signed by authority of the Secretary of State for the Environment, Transport and the Regions and deposited at the Department of the Environment, Transport and the Regions, Great Minster House, 76 Marsham Street, London SW1P 4DR;
ii
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State, and
iii
“the trunk road” means the A638 Trunk Road.
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road from the date on which this Order comes into force.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Derek Oddy
Divisional Director, The Highways Agency
22nd February 1999


text:
Title, commencement, extent and interpretation
1
1
This Order may be cited as the Food (Animal Products from Belgium) (Emergency Control) (England and Wales) Order 1999, shall come into force on 23rd December 1999 and shall extend to England and Wales.
2
In this Order —
“ the Act ” means the Food Safety Act 1990;
“the Commission Decision” means the Commission Decision 1999/788/ EC on protective measures with regard to contamination by dioxins of certain products of porcine and poultry origin intended for human or animal consumption ;
“free circulation” shall be construed in accordance with Article 23.2 of the Treaty establishing the European Community;
“member State” means a member State of the European Community other than Belgium or the United Kingdom;
“port health authority” includes a port local authority and a joint port local authority; and
“relevant animal product” means an entity coming within any of the following descriptions —
products of Belgian origin covered by Article 1.3 of the Commission Decision, and
products which contain any of the products referred to in sub-paragraph (a) above,
but only includes food.
3
Other expressions used both in this Order and in the Commission Decision have, in so far as the context admits, the same meaning in this Order as they bear in that Decision.
Exemptions
2
1
Article 3 hereof shall not apply to —
a
the importation into England and Wales of any food if, when imported, that food is accompanied by valid certification relating to it, as specified in paragraph (3) below;
b
any subsequent commercial operations in relation to the food if it can be proved by the person carrying out the operation that at the time of importation into the United Kingdom it was so accompanied; or
c
the return to Belgium, in accordance with Article 4 of the Commission Decision, of any product covered by this Order.
2
Article 5 hereof shall not, save for sub-paragraphs (a) and (b) of paragraph (1) thereof, apply to any imported food which is accompanied by valid certification relating to it as specified in paragraph (3) below.
3
The certification to which paragraphs (1)(a) and (b) and (2) above apply is an official certificate signed by the Belgian competent authority as called for by Article 2 of the Commission Decision.
Prohibitions
3
1
Subject to paragraph (2) below, no person shall carry out commercial operations with respect to any relevant animal product.
2
Paragraph (1) above shall not be taken to prohibit the bringing into England and Wales, from a member State, of any relevant animal product in free circulation in that member State.
Enforcement
4
1
This Order shall be enforced and executed by the Minister of Agriculture, Fisheries and Food, the Secretary of State and by each food authority and port health authority within its area or district as appropriate.
2
For the purposes of the return to Belgium of any product as specified in article 2(1)(c) hereof, the competent authority for the purposes of the official certificate shall be the Minister of Agriculture, Fisheries and Food, the Secretary of State or any authorised officer of a food authority.
3
Each port health authority or food authority, as appropriate, shall give such assistance and information to the Minister as he may request for the purpose of his duties under section 13 of the Act in connection with the implementation of the Commission Decision in relation to food.
Application and modification of various provisions of the Act
5
1
Section 9 of the Act (inspection and seizure of suspected food) shall apply for the purposes of this Order, 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, the Minister of Agriculture, Fisheries and Food and the Secretary of State;
b
subsections (1) and (2) shall extend to food which appears to an authorised officer to come within the definition of “relevant animal product”;
c
subsections (3) to (8) thereof shall apply —
i
to any food 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 relevant animal product as if it were food which failed to comply with food safety requirements,
save that a justice of the peace shall decline to condemn food falling within sub-paragraph (b) above under subsection (6) thereof if and only if it is proved to him that it does not come within the definition of “relevant animal product”, or that it is to be returned to Belgium as specified in article 2(1)(c) hereof.
2
The following provisions of the Act shall apply, subject to paragraph (3) below, for the purposes of this Order and any reference in those provisions to the Act shall be construed for the purposes of this Order as a reference to this Order —
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.
Revocation
6
The Food (Animals and Animal Products from Belgium) (Emergency Control) (England and Wales) ( No. 3) Order 1999 is hereby revoked.
Hayman
Minister of State Ministry of Agriculture, Fisheries and Food
20th December 1999


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Agricultural Holdings (Units of Production) (England) Order 1999 and shall come into force on 12th September 1999.
2
Any reference in this Order to “the Schedule” is a reference to the Schedule to this Order.
3
Any reference in this Order to a Community instrument is a reference to that instrument and any amendment of such instrument in force on the date this Order is made.
4
In this Order:
“Council Regulation 805/68” means Council Regulation ( EEC ) No. 805/68 on the common organisation of the market in beef and veal ;
“Council Regulation 1765/92” means Council Regulation (EEC) No. 1765/92 establishing a support system for producers of certain arable crops ;
“Council Regulation 2467/98” means Council Regulation ( EC ) No. 2467/98 on the common organisation of the market in sheepmeat and goatmeat ;
“Council Regulation 1251/99” means Council Regulation (EC) No. 1251/99 establishing a support system for producers of certain arable crops ;
“Council Regulation 1254/99” means Council Regulation (EC) No. 1254/99 on the common organisation of the market in beef and veal .
Assessment of productive capacity of land
2
1
Paragraphs (2) and (3) of this article have effect for the purpose of the assessment of the productive capacity of a unit of agricultural land situated in England, in order to determine whether that unit is a commercial unit of agricultural land within the meaning of sub-paragraph (1) of paragraph 3 of Schedule 6 to the Agricultural Holdings Act 1986.
2
Where the land in question is capable, when farmed under competent management, of being used to produce any livestock, crop, fruit, etc. , as is mentioned in any of the entries 1 to 7 in column 1 of the Schedule, then —
a
the unit of production prescribed in relation to that use of the land shall be the unit specified in column 2 of the Schedule opposite to that entry, and
b
the amount determined, for the period of 12 months beginning with 12th September 1999, as the net annual income from that unit of production in that period shall be the amount specified in column 3 of the Schedule opposite that unit of production.
3
Where land capable, when farmed under competent management, of producing a net annual income is designated as set aside land, as is mentioned in entry 8 in column 1 of the Schedule, then —
a
the unit of production prescribed in relation to that use of the land shall be the unit specified in column 2 of the Schedule opposite to that entry, and
b
the amount determined, for the period of 12 months beginning with 12th September 1999, as the net annual income from that unit of production in that period shall be the amount specified in column 3 of the Schedule opposite that unit of production.
4
The Schedule has effect subject to the Notes to the Schedule.
Partial Revocation
3
The Agricultural Holdings (Units of Production) Order 1998 is hereby revoked with respect to land situated in England.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
6th August 1999


text:
1
1
This Order may be cited as the Criminal Procedure and Investigations Act 1996 (Appointed Day No.9) Order 1999.
2
This Order extends to England and Wales only.
2
1st April 1999 is hereby appointed for the purposes of section 66 of the Criminal Procedure and Investigations Act 1996.
Jack Straw
One of Her Majesty’s Principal Secretaries of State
Home Office
9th March 1999


text:
Title, commencement and interpretation
1
1
These Regulations may be cited as the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Amendment) Regulations 1999 and shall come into force on 1st August 1999.
2
In these Regulations “the principal Regulations ” means the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) Regulations 1994 .
Amendment of the principal Regulations
2
The principal Regulations shall be amended in accordance with regulations 3 to 7 of these Regulations.
3
In Schedule 1 to the principal Regulations, there shall be inserted–
a
in column 1 in their appropriate alphabetically ordered positions the pesticides stated in column 1 of Schedule 1 to these Regulations; and
b
in relation to each such pesticide, in column 2 the residues stated in column 2 of Schedule 1 to these Regulations opposite that pesticide.
4
In Part 1 of Schedule 2 to the principal Regulations, all of the references to the maximum levels of the pesticides listed in column 1 of Schedule 2 to these Regulations per kilogramme of the individual products or group of products stated opposite each such pesticide in column 2 of that Schedule, shall be deleted from that Part.
5
In Part 2 of Schedule 2 to the principal Regulations there shall be inserted, in the appropriate place to preserve the alphabetical ordering from left to right, references to each pesticide stated at the head of a column in Schedule 3 to these Regulations together with the figure stated below the statement of that pesticide so that those figures will appear opposite the references to the product “TEA” in Part 2 of Schedule 2 to the principal Regulations as they appear opposite the reference to that product in Schedule 3 to these Regulations.
6
The maximum levels of pesticides per kilogramme of an individual product stated opposite the name of each product in Schedule 4 to these Regulations shall be substituted for the corresponding maximum levels specified for each of those products in Part 2 of Schedule 2 to the principal Regulations.
7
In column 2 of Schedule 3 to the principal Regulations–
a
additional references to the products “Olives (table consumption)†” and “Olives (oil extract)†” shall be inserted after the reference to the product “Olives†” in that column; and
b
additional references to the products “Sunflower seed (with shell)” and “Sunflower seed (without shell)” shall be inserted after the reference to the product “Sunflower seed*” in that column.
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
1st April 1999
Sam Galbraith
Parliamentary Under Secretary of State, Scottish Office
8th April 1999


text:
Citation and commencement
1
This Order may be cited as the Government of Wales Act 1998 (Housing) (Amendments) Order 1999 and shall come into force on 15th January 1999.
Consequential amendments
2
The enactments referred to in the Schedule have effect with the amendments specified therein.
Signed by authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under Secretary of State, Welsh Office
13th January 1999