text:
Commencement and citation
1
These Regulations may be cited as the Motor Vehicles (Type Approval and Approval Marks) (Fees) Regulations 1999 and shall come into force on 1st September 1999.
Revocation
2
The Motor Vehicles (Type Approval and Approval Marks) (Fees) Regulations 1997 are hereby revoked.
Interpretation
3
1
Any reference in these Regulations to a numbered section is a reference to the section bearing that number in the Road Traffic Act 1988.
2
In these Regulations–
“applicant” means an applicant for the issue of a type approval certificate or authorisation for a vehicle or vehicle part for the purpose of a Community instrument or ECE Regulation , an applicant for the issue of a type approval certificate or Minister’s approval certificate for a vehicle or a vehicle part for the purpose of the national type approval scheme, or an applicant for the issue of a sound level measurement certificate;
“approval mark” means a marking designated by the Motor Vehicles (Designation of Approval Marks) Regulations 1979 ;
“approval requirements” means–
the requirements for examination and approval as regards the type approval requirements specified in–
a Community instrument;
Schedule 1 to the Great Britain Regulations ;
Schedule 1 to the Great Britain Regulations for Goods Vehicles ; or
an ECE Regulation; or
the requirements for examination and marking authorisation relating to an approval mark;
“authorisation” means an authorisation in writing given by the Secretary of State for the application of an approval mark to a vehicle or a vehicle part;
“Community instrument” means an instrument issued by a Community institution which is referred to in the second column of an item in Part I or II of Schedule 5 as read where relevant with amending instruments (if any) specified in the third column of that item;
“ECE Regulation” means a Regulation annexed to the Agreement concerning the adoption of uniform conditions of approval for motor vehicle equipment and parts and reciprocal recognition thereof concluded at Geneva on 20th March 1958 as amended to which the United Kingdom is a party , which is referred to in the second column of an item in Part III of Schedule 5 as read where relevant with amendments (if any) specified in the third column of that item;
“ European Regulations ” means the Motor Vehicles ( EC Type Approval) Regulations 1998 ;
“examination” means any examination or test, or series of examinations or tests carried out on a vehicle or vehicle part to ascertain that in respect of that vehicle or vehicle part approval requirements have been satisfied;
“Framework Directive” means Council Directive 70/156/ EEC as amended by Council Directives 87/403/EEC and 92/53/EEC and Commission Directives 93/81/EEC and 98/14/EC ;
“Great Britain Regulations” means the Motor Vehicles (Type Approval) (Great Britain) Regulations 1984 ;
“Great Britain Regulations for Goods Vehicles” means the Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) Regulations 1982 ;
“low volume type approval vehicle” has the same meaning as in the Great Britain Regulations;
“national type approval scheme” means the scheme for the type approval of vehicles or vehicle parts provided for in the Great Britain Regulations and the Great Britain Regulations for Goods Vehicles;
“sound level measurement certificate” has the same meaning as in the Motorcycles (Sound Level Measurement Certificates) Regulations 1980 ; and
“type approval certificate”, “Minister’s approval certificate”, and “authorisation” include a modified or duplicate type approval certificate, Minister’s approval certificate, or authorisation as the case may be.
3
A reference in these Regulations to a vehicle in category L1, L2, L3, L4 or L5 is a reference to a vehicle described respectively as L1, L2, L3, L4 or L5 in ECE Regulation 13 of 29th May 1969 with the amendments in force on 1st April 1987.
4
A reference in these Regulations to a vehicle in category M1, M2, M3, N1, N2, or N3, is a reference to a vehicle described respectively as M1, M2, M3, N1, N2, or N3, in the Framework Directive.
Fees — examinations of vehicles or parts of vehicles
4
1
Subject to the subsequent provisions of these Regulations, the fee for–
a
the carrying out or supervision by an officer of the Department of the Environment, Transport and the Regions of an examination of a vehicle or vehicle part; and
b
any associated administrative work (other than the issue of a sound level measurement certificate or any document of a type specified in Schedule 3 or 4),
shall be determined by the amount of work involved charged at the hourly rate of £82.
2
Where the Secretary of State hires any premises or equipment for the purpose of an examination to which paragraph (1) applies a further fee equal to the cost of such hiring shall be payable in addition to the fee payable under paragraph (1).
3
Where, at the applicant’s request, an examination is carried out or supervised by a person appointed by the Secretary of State to act on his behalf, not being an officer of the Department of the Environment, Transport and the Regions, a fee shall be payable equal to that person’s charges; such charges to be calculated on a basis to be agreed in advance with the applicant.
4
Where, in connection with an examination to which paragraph (3) applies, an officer of the Department of the Environment, Transport and the Regions undertakes any associated administrative work (other than the issue of a sound level measurement certificate or any document of a type specified in Schedule 3 or 4) a further fee shall be payable, in addition to any fee payable under paragraph (3), determined by the amount of work involved charged at the hourly rate specified in paragraph (1).
Fees — examination of a complete vehicle under the national type approval scheme
5
1
Subject to paragraph (5), the fee for the examination of a vehicle to which the Great Britain Regulations apply with a view to the issue in respect of that vehicle of a document specified in column 1 of Part I of Schedule 1 where, before the examination takes place, type approval procedures have been carried out (whether in Great Britain or elsewhere) to ascertain that in respect of that vehicle all the approval requirements, which–
a
are referred to in Schedule 1 to those Regulations;
b
relate to particular parts or aspects of a vehicle; and
c
are applicable to the vehicle,
have been satisfied, is the amount specified in column 3 of Part I of Schedule 1.
2
The fee for the examination of a vehicle to which the Great Britain Regulations for Goods Vehicles apply with a view to the issue in respect of that vehicle of a document specified in column 1 of Schedule 2 where, before the examination takes place, type approval procedures have been carried out (whether in Great Britain or elsewhere) to ascertain that in respect of that vehicle all the approval requirements, which–
a
are referred to in Schedule 1 to those Regulations;
b
relate to particular parts or aspects of a vehicle; and
c
are applicable to the vehicle,
have been satisfied, is the amount specified in paragraph (3).
3
The amount referred to in paragraph (2) is the amount shown in–
a
column 2(a) of Schedule 2 if the vehicle is in category L2, L5 or N1;
b
column 2(b) of Schedule 2 if the vehicle is in category N2; or
c
column 2(c) of Schedule 2 if the vehicle is in category N3.
4
Where in the case of an examination of a complete vehicle mentioned in paragraph (1) or (2)–
a
it has been found impossible to complete that examination satisfactorily;
b
the vehicle has been found not to comply in all aspects with the relevant approval requirements;
c
the vehicle is one which has been assembled in more than one stage by more than one manufacturer, and a type approval certificate has been issued to a manufacturer other than the applicant; or
d
a type approval certificate or Minister’s approval certificate has previously been issued in respect of the model of the vehicle but the vehicle incorporates certain changes in detail not covered by the certificate,
and a further, but partial, examination of the vehicle is required before the documentation can properly be issued in respect of it, the fee for that partial examination shall be such proportion of the relevant sum specified in Part I of Schedule 1 or, as the case may be, Schedule 2 as the Secretary of State considers to be appropriate in view of the nature and extent of that partial examination.
5
Where a person applies for the issue of a Minister’s approval certificate in respect of a vehicle on the basis that it is a low volume type approval vehicle within the meaning of the Great Britain Regulations, paragraph (1) shall have effect as if the references to Part I of Schedule 1 were references to Part II of that Schedule.
6
If in circumstances where paragraph (5) applies–
a
some or all of the procedures referred to in paragraph (1) have been carried out on behalf of the Secretary of State; and
b
as a result, the work involved in carrying out the examination is less than otherwise would have been the case,
the fee for the examination shall be such proportion of the relevant sums specified in Part II of Schedule 1 as the Secretary of State considers to be appropriate in view of the nature and extent of the examination.
7
This regulation is subject to regulations 19 and 20.
Fees — examination of a vehicle with a view to the issue of an EC vehicle type approval certificate
6
1
In this regulation, “EC vehicle type approval certificate” means a type approval certificate issued under regulation 4(5) of the European Regulations in relation to a complete, incomplete or completed vehicle (being expressions used in the Framework Directive).
2
Expressions used in this regulation or in Part III of Schedule 1 which are also used in the Framework Directive have the same meaning as in that Directive and cognate expressions shall be construed accordingly.
3
Subject to paragraphs (6) and (7), the fees for–
a
the examination of a vehicle; and
b
administrative work (other than the issue of the EC vehicle type approval certificate),
with a view to the issue of such a certificate on the basis that all necessary approvals have previously been obtained shall be the amounts determined in accordance with paragraphs (4) and (5).
4
Where the application is for the issue of an EC vehicle type approval certificate in relation to a complete vehicle, the amounts payable shall be the amounts specified in Part III of Schedule 1.
5
Where–
a
the application is for an EC vehicle type approval certificate in relation to an incomplete vehicle or a completed vehicle; and
b
the examination is not as complete and exhaustive as would otherwise be required, the fees shall be such proportion of the relevant sums specified in Part III of Schedule 1 as the Secretary of State considers to be appropriate in view of the nature and extent of the work involved.
6
Where in the case of an examination of a vehicle with a view to the issue of an EC vehicle type approval certificate–
a
it has been found impossible to complete the examination satisfactorily;
b
the vehicle has been found not to comply in all aspects with the relevant approval requirements; or
c
an EC vehicle type approval certificate has previously been issued in respect of a vehicle of that type but the vehicle incorporates changes in detail not covered by the certificate,
and a further, but partial, examination of the vehicle is required before the EC vehicle type approval certificate can properly be issued in respect of it, the fee for that partial examination shall be such proportion of the relevant sums specified in Part III of Schedule 1 as the Secretary of State considers to be appropriate in view of the nature and extent of that partial examination.
7
Where, in relation to an application for an EC vehicle type approval certificate, more than one vehicle is examined the fee in respect of the vehicle that undergoes the most extensive examination shall be determined in accordance with the foregoing provisions of this regulation and the fee in respect of each of the other vehicles shall be such proportion of that fee as the Secretary of State considers to be appropriate in view of the nature and extent of the examination carried out on that other vehicle.
8
This regulation is subject to regulations 19 and 20.
Fees — inspection of data
7
1
Subject to regulations 18, 19 and 20, where a certificate to which this paragraph applies has been issued in relation to a vehicle or vehicle part and in consequence of an alteration in any design specification an applicant requires a further certificate, but the alteration is not so extensive as to require a further examination of any vehicle or any vehicle part and compliance with the relevant approval requirements can be determined on an inspection of data supplied by the applicant, the fee for such an inspection, when carried out by an officer of the Department of the Environment, Transport and the Regions, shall be determined by the amount of work involved charged at the hourly rate specified in regulation 4(1).
2
Where, at the applicant’s request, the inspection of data is carried out by a person appointed by the Secretary of State to act on his behalf, not being an officer of the Department of the Environment, Transport and the Regions, a fee shall be payable equal to that person’s charges; such charges to be calculated on a basis to be agreed in advance with the applicant.
3
Where, in connection with an inspection to which paragraph (2) applies, an officer of the Department of the Environment, Transport and the Regions undertakes any associated administrative work (other than the issue of a sound level measurement certificate or any document of a type specified in Schedule 3 or 4) a further fee shall be payable, in addition to any fee payable under paragraph (2), determined by the amount of work involved charged at the hourly rate specified in regulation 4(1).
4
Paragraph (1) applies to–
a
a sound level measurement certificate;
b
a type approval certificate, or an authorisation, in relation to–
i
a Community instrument; or
ii
an ECE Regulation; or
c
a type approval certificate, or a Minister’s approval certificate, in relation to the national type approval scheme.
5
Where on an inspection of data supplied by the applicant it has been found impossible to complete the inspection satisfactorily, and a further examination of the vehicle or vehicle part is required, regulation 4 shall apply for the purpose of determining the fee.
Fees — avoidance of duplication
8
Where the examination of a vehicle or vehicle part for the purposes of a Community instrument or ECE Regulation is carried out at the same time as the examination of that vehicle or vehicle part for the purposes of the national type approval scheme, then in so far as one and the same operation or series of operations serves for both examinations, the fee payable under these Regulations shall be the fee for only one examination.
Fees — issue of documents
9
1
The fee for the issue of a document of a type specified in column 1 of Schedule 3 (being a document relating to a vehicle part) is the fee of the amount specified in relation thereto in column 3 of that Schedule.
2
The fee for the issue of a document of a type specified in column 1 of Part I of Schedule 4 (being a document relating to a vehicle to which the Great Britain Regulations apply) is the amount specified in relation thereto in column 3 of that Part of that Schedule.
3
The fee for the issue of a document of a type specified in column 1 of Part II of Schedule 4 (being a document relating to a vehicle to which the Great Britain Regulations for Goods Vehicles apply) is the amount specified in relation thereto in column 3 of that Part of that Schedule.
4
The fee for the issue of a document of a type specified in column 1 of Part III of Schedule 4 (being a document relating to a vehicle to which the European Regulations apply) is the amount specified in relation thereto in column 3 of that Part of that Schedule.
5
The fee for the issue of a sound level measurement certificate is £49.
6
Where–
a
a person applies for the issue of a Minister’s approval certificate in respect of a vehicle on the basis that it is a low volume type approval vehicle within the meaning of the Great Britain Regulations;
b
some or all of the procedures referred to in regulation 5(1) have been carried out by or on behalf of the Secretary of State; and
c
as a result, the administrative work involved in relation to the application is less than otherwise would have been the case,
the fee for the issue of the Minister’s approval certificate shall be such proportion of the relevant sum specified in Part I of Schedule 4 as the Secretary of State considers to be appropriate in view of the nature and extent of the administrative work carried out in relation to the application.
7
This regulation is subject to regulations 19 and 20.
Additional fees payable for the issue of documents under the national scheme
10
1
In this regulation–
“ sub-MAC ” means a Minister’s approval certificate issued by virtue of section 58(4); and
“ MAC ”, in relation to a sub-MAC, means the Minister’s approval certificate by virtue of which the sub-MAC was issued under section 58(4).
2
In this regulation, in relation to a sub-MAC,–
“anniversary” means an anniversary of the date on which the MAC was issued and a reference to the first anniversary shall be construed accordingly;
“applicant” means the person who applied for the sub-MAC;
“relevant date” means–
if the sub-MAC was issued during the 12 month period beginning with the date the MAC was issued, that date; or
if it was issued after the expiration of that period, the anniversary next before the issue of the sub-MAC;
“relevant period” means a period of 12 months beginning on an anniversary;
“relevant sub-MAC” means any sub-MAC issued to the applicant by virtue of the MAC before the sub-MAC in question was issued; and
“relevant vehicle” means the vehicle in respect of which the MAC was issued.
3
A fee of £11 shall be payable for the issue of a sub-MAC in addition to the fee payable under regulation 9, where–
a
the sub-MAC is issued in respect of a vehicle in category N2 or N3; and
b
it appears to the Secretary of State from information supplied or confirmed by the applicant that the vehicle differs in detail from–
i
the vehicle which was the subject of the last of the relevant sub-MACs to be issued, or
ii
if no relevant sub-MAC has been issued, the relevant vehicle.
4
A fee of £34 shall be payable for the issue of a sub-MAC in addition to the fee payable under regulation 9, where–
a
the sub-MAC is issued in respect of a vehicle in category N1 as a result of an application made on or after the first anniversary;
b
no relevant sub-MAC has been issued as a result of an application made in the relevant period in which the application for the sub-MAC was made; and
c
it appears to the Secretary of State from information supplied or confirmed by the applicant that the vehicle differs in detail from–
i
the vehicle which was the subject of the last of the relevant sub-MACs in respect of which a fee was payable under this paragraph, or
ii
if no relevant sub-MAC has been issued in respect of which such a fee has been payable, the relevant vehicle.
5
A fee of £34 shall be payable for the issue of a sub-MAC in addition to the fee payable under regulation 9, where–
a
the sub-MAC is issued as a result of an application made on or after the first anniversary on the basis of a vehicle being a low volume type approval vehicle;
b
no relevant sub-MAC has been issued as a result of an application made in the relevant period in which the application for the sub-MAC was made; and
c
it appears to the Secretary of State from information supplied or confirmed by the applicant that the vehicle differs in detail from–
i
the vehicle which was the subject of the last of the relevant sub-MACs in respect of which a fee was payable under this paragraph or paragraph (6), or
ii
if no relevant sub-MAC has been issued in respect of which such a fee has been payable, the relevant vehicle.
6
A fee of £34 shall be payable for the issue of a sub-MAC in addition to the fee payable under regulation 9, where–
a
the sub-MAC is issued as a result of an application made on the basis of a vehicle being a low volume type approval vehicle;
b
199 relevant sub-MACs, and no more, have been issued as a result of applications made on or after the relevant date; and
c
it appears to the Secretary of State from information supplied or confirmed by the applicant that the vehicle differs in detail from–
i
the vehicle which was the subject of the last of the relevant sub-MACs in respect of which a fee was payable under paragraph (5) or this paragraph, or
ii
if no relevant sub-MAC has been issued in respect of which such a fee has been payable, the relevant vehicle.
Fees — visits outside the United Kingdom
11
1
Subject to paragraph (2), where, in connection with an application for or the performance of, the carrying out, or supervision by the Secretary of State, of an examination of a vehicle or vehicle part, a visit to a place outside the United Kingdom is made, or is arranged to be made, by one or more officers of the Department of the Environment, Transport and the Regions, then in addition to the fee or fees prescribed by the regulations above, there shall be paid by the applicant on demand by the Secretary of State a further fee equal to the total of–
a
the travelling and subsistence expenses reasonably incurred or expected to be incurred by each person so acting in relation to the application or examination (including expenses outstanding after the cancellation of any travelling or subsistence arrangements which result from the withdrawal of any such application); and
b
the whole, or such proportion as the Secretary of State may determine is reasonably attributable to the application or examination, of a sum of £55 for each hour spent or expected to be spent by each person so acting whilst travelling otherwise than on land in the United Kingdom, wholly or partly in relation to the application or examination.
2
The references to expenses in paragraph (1)(a) do not include any expenses relating to–
a
travelling on land in the United Kingdom; or
b
any flight which both begins and ends in the United Kingdom.
3
Where, at the applicant’s request, the visit referred to in paragraph (1) is made, or is arranged to be made, by one or more persons appointed by the Secretary of State to act on his behalf, not being an officer or officers of the Department of the Environment, Transport and the Regions, then in addition to the fee or fees prescribed by the regulations above, there shall be paid by the applicant on demand by or on behalf of the Secretary of State, a fee equal to that person’s or, as the case may be, those persons', expenses and charges incurred or expected to be incurred in respect of travelling and subsistence and time spent travelling; such expenses and charges to be calculated on a basis to be agreed in advance with the applicant.
4
If–
a
payments have been made in accordance with paragraph (1) or (3) in respect of travelling and subsistence expenses expected to be incurred, or in respect of time expected to be spent in travelling; and
b
the amount of travelling and subsistence expenses actually incurred or the time actually spent travelling in consequence of the application is greater or less than was expected,
the fee payable under those paragraphs shall be re-calculated by reference to the actual travelling and subsistence expenses incurred and the actual time spent travelling, and the difference shall be paid by, or as the case may be, refunded to, the applicant.
Payment of fees
12
1
The fee for–
a
the carrying out or supervision, by or on behalf of the Secretary of State, of an examination of a vehicle or a vehicle part; and
b
any associated administrative work (other than the issue of a sound level measurement certificate or any document of a type specified in Schedule 3 or 4),
shall be paid when the applicant is notified by the Secretary of State of the amount payable.
2
Any fee payable in accordance with paragraph (1), other than a fee payable by virtue of regulation 5 or 6, shall, subject to paragraphs (3) and (4), be calculated by reference to the Secretary of State’s estimate of the duration of the work likely to be required.
3
If during the course of the work the Secretary of State estimates that the duration of the work likely to be required is greater than that estimated under paragraph (2), the fee shall be recalculated by reference to that greater estimate, and the excess, if any, over the fee originally payable shall be paid by the applicant.
4
If the duration of the work actually required is greater or less than its estimated or re-estimated duration, the fee shall be recalculated by reference to the actual duration and the difference shall be paid by, or, as the case may be, refunded to, the applicant.
5
The fee for the issue of a document specified in Schedule 3 or 4 shall be paid–
a
in the case where the examination of the vehicle or vehicle part is required before the document is issued, when the applicant is notified of the result of the examination; and
b
in any other case, when the application is made for the issue of the document.
6
The fee for the issue of a sound level measurement certificate shall be paid when the application is made for the issue of the certificate.
Fees on withdrawals and cancellations
13
1
Subject to regulations 14, 19 and 20, if an applicant–
a
after he has been notified of the time and place for the examination withdraws his application; or
b
does not submit the vehicle or vehicle part for the examination at the time and place fixed therefor,
he shall be liable to pay a cancellation fee to cover the abortive work involved in dealing with the application and making arrangements for the examination.
2
In the case of an examination of a vehicle or vehicle part for which a fee is payable by virtue of regulation 4(1)–
a
if the Secretary of State is, not less than 7 days before the date fixed for the examination, notified of the withdrawal or the intention not to submit the vehicle or vehicle part for the examination, the cancellation fee shall be £112;
b
if the Secretary of State is not so notified, the cancellation fee shall be £246 plus any wasted expenses reasonably incurred by the Secretary of State in the provision of any facility for the particular examination.
3
In the case of an examination of a vehicle or vehicle part for which a fee is payable by virtue of regulation 4(3) the cancellation fee shall be calculated on a basis to be agreed in advance with the applicant.
4
In the case of an examination of a vehicle to which a fee specified in Schedule 1 or 2 applies–
a
if the Secretary of State is, not less than 14 days before the date fixed for the examination, notified of the withdrawal or the intention not to submit the vehicle for the examination, the cancellation fee shall be £109;
b
if the Secretary of State is not so notified, the cancellation fee shall be £321.
5
Any cancellation fee for which an applicant is liable in accordance with the foregoing provisions of this regulation shall be provided–
a
in a case where the applicant has made a payment in respect of the fee prescribed by these Regulations for the examination in question, by the Secretary of State retaining the cancellation fee from the sum which has been paid; or
b
in any other case by the applicant paying the cancellation fee to the Secretary of State within 14 days of the issue by the Secretary of State of a request for such payment.
6
An applicant who is liable for a cancellation fee under this regulation in respect of an application shall also be liable for any fee payable under regulation 11, but all other fees under these Regulations in respect of the application shall be reduced to nil (the balance of any sums paid in respect of the application being refundable).
Submission of alternative vehicle or vehicle part for examination
14
Where an applicant does not wish, or is unable, to submit the vehicle or vehicle part in respect of which the application was made for examination at the time and place appointed, but is able to submit for examination at that time and place some other vehicle or vehicle part which can conveniently be fitted into the programme of examinations being carried out at that place and in respect of which he has made an application, he shall be entitled, subject to any adjustment by way of refund or additional payment so as to secure that the appropriate fee is paid for the examination which actually takes place, to have the sum which he originally paid applied in payment of the fee for that examination without being liable to pay a cancellation fee under regulation 13(1), but in that event he shall pay the appropriate fee prescribed by these Regulations when applying for a new appointment for the examination which he originally sought.
Fees to be paid in relation to notifiable alterations
15
The fee prescribed in respect of a notification made in accordance with a condition attached to a type approval certificate pursuant to section 56(1)(b) issued in respect of a vehicle to which the Great Britain Regulations for Goods Vehicles apply shall be determined by the amount of work involved charged at the hourly rate specified in regulation 4(1), but if the vehicle is in category N1–
a
that sum shall not become due until the next anniversary of the date that the type approval certificate was issued, and
b
if there is more than one such notification during any period of 12 months ending immediately before such an anniversary, the fee shall only be payable in respect of the first notification.
Approval of facilities
16
1
Subject to regulations 18, 19 and 20, the fee prescribed for examining premises with a view to their being approved by the Secretary of State for the examination of vehicles or vehicle parts for the purposes of the national type approval scheme or for the purposes of a Community instrument or ECE Regulation shall be determined by the amount of work involved charged at the hourly rate specified in regulation 4(1).
2
Regulation 11 shall apply to an application for such an approval as it applies to an application for an examination of a vehicle as mentioned in that regulation.
Advice on procedures for securing conformity of production
17
1
Subject to regulations 18, 19 and 20, the fee prescribed for advice given to a manufacturer by an officer of the Department of the Environment, Transport and the Regions on whether his arrangements or proposed arrangements for securing conformity of production of vehicles are likely to be accepted by the Secretary of State for the purposes of the national type approval scheme or for the purposes of any Community instrument or ECE Regulation shall be determined by the amount of work involved charged at the hourly rate specified in regulation 4(1).
2
Where, at the applicant’s request, such advice is given by a person appointed by the Secretary of State to act on his behalf, not being an officer of the Department of the Environment, Transport and the Regions, a fee shall be payable equal to that person’s charges; such charges to be calculated on a basis to be agreed in advance with the applicant.
Out of hours working
18
1
Subject to regulations 19 and 20, where, in relation to–
a
an examination carried out or proposed to be carried out,
b
an inspection of data carried out or proposed to be carried out,
c
the examining of premises, or
d
advice given to a manufacturer,
work is carried out, at the applicant’s request, out of hours, any sum which would otherwise be payable in respect of that work by virtue of regulation 4(1), 7(1), 16(1) or 17(1), shall be increased by 31 per cent.
2
In this regulation “out of hours” means, subject to paragraph (3), at any time–
a
on any day which is a Saturday, Sunday, Good Friday, Christmas Day or a Bank holiday (as defined in the Banking and Financial Dealings Act 1971 ); or
b
on any other day, other than between 8.00 am and 6.00 pm.
3
In relation to work carried out in any of the countries referred to in regulation 19 or 20, the expression “out of hours” shall be construed as if the reference to Good Friday, Christmas Day or a Bank holiday were omitted.
Fees — work carried out in the United States of America, Canada or Mexico
19
In relation to–
a
an examination carried out or proposed to be carried out,
b
an inspection of data carried out or proposed to be carried out,
c
the issue of a document,
d
the examining of premises, or
e
advice given to a manufacturer, in the United States of America, Canada or Mexico by a person resident in the United States of America and acting for or on behalf of the Secretary of State, any sum which would otherwise be payable by virtue of regulation 4(1), 5, 6, 7(1), 9, 13, 16(1), 17(1) or 18 shall be increased by 43.5 per cent.
Fees — work carried out in Japan, China, South Korea, Malaysia or Taiwan
20
In relation to–
a
an examination carried out or proposed to be carried out,
b
an inspection of data carried out or proposed to be carried out,
c
the issue of a document,
d
the examining of premises, or
e
advice given to a manufacturer,
in Japan, China, South Korea, Malaysia or Taiwan by a person resident in Japan and acting for or on behalf of the Secretary of State, any sum which would otherwise be payable by virtue of regulation 4(1), 5, 6, 7(1), 9, 13, 16(1), 17(1) or 18 shall be increased by 59 per cent.
Signed by authority of the Secretary of State
Larry Whitty
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
19th July 1999
We consent to the making of these Regulations to the extent that they are made in exercise of the powers conferred by section 56(1) and (2) of the Finance Act 1973.
Bob Ainsworth
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
26th July 1999


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Alexandra Health Care, the Kidderminster Health Care, the Worcestershire Community Healthcare and the Worcester Royal Infirmary National Health Service Trusts (Dissolution) Order 1999 and shall come into force on 1st April 2000.
Dissolution of NHS trusts
2
The Alexandra Health Care National Health Service Trust established by the Alexandra Health Care National Health Service Trust (Establishment) Order , the Kidderminster Healthcare National Health Service Trust established by the Kidderminster Healthcare National Health Service Trust (Establishment) Order , the Worcestershire Community Health Care National Health Service Trust established by the Worcestershire Community Health Care National Health Service Trust (Establishment) Order and the Worcester Royal Infirmary National Health Service Trust established by the Worcester Royal Infirmary National Health Service Trust (Establishment) Order are hereby dissolved, and accordingly those Orders are hereby revoked.
Signed by authority of the Secretary of State for Health
Yvette Cooper
Parliamentary Under-Secretary of State for Public Health,
Department of Health
22nd December 1999


text:
Citation and commencement
1
This Order may be cited as the Preston Education Action Zone Order 1999 and shall come into force on 1st December 1999.
Interpretation
2
In this Order —
“partners” means those persons listed in Schedule 1 to this Order; and
“zone school” means a school listed in Schedule 2 to this Order.
Constitution of education action zone
3
The schools listed in Schedule 2 to this Order shall constitute collectively an education action zone under the name of the Preston Education Action Zone (“the zone”) for the purposes of Chapter III of Part I of the School Standards and Framework Act 1998.
Education Action Forum
4
There shall be an Education Action Forum for the zone to be known as the Preston Education Action Zone Executive Forum (“the Forum”), the membership of which shall include —
a
one person appointed by the governing body of each zone school, unless any such governing body choose not to make such an appointment;
b
either one or two persons appointed by the Secretary of State; and
c
one person appointed by each partner, unless any partner chooses not to make such an appointment.
5
The Forum may at any time appoint additional members as follows —
a
up to two persons representing the interests of business in the area served by the zone schools;
b
up to two parents of registered pupils attending zone schools; and
c
one person representing the interests of the further or higher education sector in the area served by the zone schools.
Disqualification for membership of the Forum
6
Articles 7 to 9 shall have effect for the purpose of prescribing the circumstances and cases in which a person is to be disqualified for holding, or continuing to hold, office as a member of the Forum.
Disqualification for membership of the Forum — bankruptcy etc
7
1
Subject to the provisions of this article, a person shall be disqualified for holding, or for continuing to hold, office as a member of the Forum if he has been adjudged bankrupt or has made a composition or arrangement with his creditors; and a member, on becoming so disqualified, shall give written notice of the fact to the secretary to the Forum.
2
Where a person is disqualified by reason of his having been adjudged bankrupt, that disqualification shall cease —
a
unless the bankruptcy order made against that person is previously annulled, on his discharge from bankruptcy; and
b
if the bankruptcy order is so annulled, on the date of the annulment.
3
Where a person is disqualified by reason of his having made a composition or arrangement with his creditors and he pays his debts in full, the disqualification shall cease on the date on which the payment is completed and in any other case it shall cease on the expiration of three years from the date on which the terms of the deed of composition or arrangement are fulfilled.
Disqualification for membership of the Forum — criminal convictions
8
1
Subject to paragraph (2) a person shall be disqualified for holding, or for continuing to hold, office as a member of the Forum if —
a
within five years before his appointment would otherwise have taken effect or since his appointment, he has been convicted, whether in the United Kingdom or elsewhere, of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine;
b
within twenty years before his appointment would otherwise have taken effect, he has been convicted as aforesaid and has had passed on him a sentence of imprisonment for a period of more than two and a half years; or
c
he has at any time been convicted as aforesaid and has had passed on him a sentence of imprisonment of not less than five years.
2
For the purposes of this article there shall be disregarded any conviction by or before a court outside the United Kingdom of an offence in respect of conduct which, if it had taken place in any part of the United Kingdom, would not have constituted an offence under the law in force in that part of the United Kingdom.
Disqualification — absence from meetings
9
Any member of the Forum who, without the consent of the Forum, has failed to attend the meetings thereof for a continuous period of six months beginning with the date of a meeting shall, on the expiry of that period, be disqualified from continuing to be a member of the Forum without prejudice however, to his re-appointment.
Chairman’s tenure of office
10
The chairman of the Forum elected in accordance with paragraph 2 of Schedule 1 to the School Standards and Framework Act 1998, shall hold office for one year from the date of his election (unless he resigns his office earlier), without prejudice to his eligibility to be re-elected for a further such period.
Estelle Morris
Minister of State,
Department for Education and Employment
4th November 1999


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Education Act 1996 (Modification of Section 517) Regulations 1999 and shall come into force on 1st September 1999.
2
In these Regulations “the relevant period” means the period starting on 1st September 1999 and ending on the day when the repeal of section 517 of Education Act 1996 effected by Schedule 31 to the School Standards and Framework Act 1998 comes into force (and accordingly if different days are appointed for the coming into force of the repeal of that section in relation to England and in relation to Wales the relevant period in relation to England shall be different from that in relation to Wales).
Modification of section 517 of the Education Act 1996
2
1
During the relevant period section 517 of the Education Act 1996 shall have effect as if–
a
in subsection (1) for “which is neither a maintained nor a grant-maintained school” there were substituted “which is not a school maintained by a local education authority”;
b
in subsection (3)–
i
for “every maintained or grant-maintained school” there were substituted “every school maintained by a local education authority” and
ii
for “which is neither a maintained nor a grant-maintained school” there were substituted “which is not maintained by a local education authority”; and
c
in subsection (7) (as inserted by subsection (6)(e)) the words “In this section “grant-maintained school” includes a grant-maintained special school, and” were omitted.
Estelle Morris
Minister of State,
Department for Education and Employment
27th July 1999
David Hanson
Parliamentary Under Secretary of State, Welsh Office
6th August 1999


text:
Title and commencement
1
These Regulations may be cited as the Feeding Stuffs (Enforcement) Regulations 1999 and shall come into force on 8th September 1999.
General interpretation
2
1
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Agriculture Act 1970 ;
“authorised person” means a person (whether or not an officer of the competent authority) who is authorised by the competent authority, either generally or specially, to act in relation to matters arising under these Regulations;
“commercial document” has the same meaning as in article 9 of Directive 95/53;
“the Commissioners” means the Commissioners of Customs and Excise;
“the competent authority” means —
in Great Britain —
in relation to the checking of products for compliance with any Community provision covered by the first indent of Article 2.1(a) of Directive 95/53, insofar as that provision is implemented in the Feedingstuffs (Zootechnical Products) Regulations 1999 , the Royal Pharmaceutical Society of Great Britain,
for all other purposes, the authority which, by virtue of section 67(1), (1A) or (2) of the Act, has the duty to enforce Part IV of the Act; and
in Northern Ireland, the Department of Agriculture for Northern Ireland;
“controlled place”, in relation to any product, means any place at which, with the permission of the Commissioners, it may be released for free circulation;
“the customs territory of the Communtity” has the same meaning as in Article 5 of Directive 95/53;
“description of goods” has the same meaning as in box 8 of the document at Annex A to Directive 98/68;
“Directive 95/53” means Council Directive 95/53/ EC fixing the principles governing the organisation of official inspections in the field of animal nutrition (with effect from 1st October 1999 as amended by Council Directive 1999/20/EC ;
“Directive 98/68” means Commission Directive 98/68/EC laying down the standard document referred to in Article 9(1) of Council Directive 95/53/EC and certain rules for checks at the introduction into the Community of feeding stuffs from third countries;
“documentary check” has the meaning given in Article 2.1(b) of Directive 95/53;
“free circulation” shall be construed in accordance with Article 24 of the Treaty establishing the European Community;
“identity check” has the meaning given in Article 2.1(c) of Directive 95/53;
“importer” means, in relation to a product, any person who introduces it into the customs territory of the Community as described in Article 5 of Directive 95/53 and, insofar as, under that Directive, any other person might be a recipient in relation to the product of —
a prohibition and order in accordance with Article 8 thereof, or
a document indicating the type of check carried out and its outcome, in accordance with Article 9 thereof,
also includes any such person.
“inspection” has the meaning given in Article 2.1(a) of Directive 95/53;
“member State” means a member State other than the United Kingdom;
“the Minister” means the Minister of Agriculture, Fisheries and Food;
“model document” means a document comprising a single sheet of paper, based on the model contained in Annex A to Directive 98/68, and completed as specified in Annex B to, and not invalidated as specified in Article 1.4 of, that Directive;
“physical check” has the meaning given in Article 2.1(d) of Directive 95/53 and, to the extent that such a check consists in sampling and analysis, means —
in relation to the checking of products for compliance with any Community provision covered and implemented as described in sub-paragraph (a)(i) of the definition in this paragraph of “competent authority”, sampling and analysis carried out in accordance with the requirements of the Feedingstuffs (Zootechnical Products) Regulations 1999,
in relation to the checking of products for compliance with any Community provision covered by Article 2.1(a) of Directive 95/53, insofar as that provision is implemented in the Feeding Stuffs (Establishments and Intermediaries) Regulations 1999 , sampling and analysis carried out in accordance with the requirements of those Regulations, and
in any other case, sampling and analysis carried out in accordance with the requirements set out in Part IV of the Act as modified in and for the purposes of these Regulations, and as read with regulation 8.
“product” has the meaning given in Article 2.1(e) of Directive 95/53;
“the Scottish Ministers” has the meaning given in section 44(2) of the Scotland Act 1998; and
“third country” means a country other than a member State or the United Kingdom.
2
In these Regulations —
a
any reference to a numbered regulation is a reference to the regulation so numbered in these Regulations, and
b
any reference within a regulation to a numbered paragraph is a reference to the paragraph so numbered in that regulation.
Enforcement
3
1
It shall be the duty of the competent authority to enforce regulation 4(3)(a)(ii), (4)(f), and (8) and requirements made under regulations 4(5)(a) and 6(1)(b)(i).
2
It shall be the duty of the Commissioners and of the competent authority to enforce regulation 4(3)(a)(i) and (4)(i).
Control of products brought into the United Kingdom from third countries
4
1
This regulation applies where an importer brings a product into the United Kingdom from a third country in either Case A or Case B, and references in this regulation to the carrying out of any check by a competent authority shall be taken to include its being carried out by an authorised person on behalf of the authority.
2
In this regulation —
a
Case A applies where the product is brought into the United Kingdom directly from the third country;
b
Case B applies where the product has not yet been put into free circulation in the Community, and is brought into the United Kingdom via a member State and sent to a controlled place.
3
In Case A, in relation to the product —
a
the importer shall comply with any directions reasonably given to him, whether orally or in writing, by —
i
the Commissioners for the purpose of enabling any check under sub-paragraph (b) of this paragraph to be carried out, or facilitating the carrying out of any such check, or
ii
the competent authority for the like purpose in relation to checks under sub-paragraph (d) of this paragraph;
b
the Commissioners shall carry out the documentary check called for by Article 5 of Directive 95/53;
c
the Commissioners and the competent authority may enter into arrangements for the provision by one to the other, on such terms as they may arrange, of facilities to carry out any check which it falls to the other to carry out under this paragraph;
d
the competent authority may carry out a physical check and an identity check;
e
the competent authority shall provide the Commissioners with such information as to the result of any such check as they may reasonably require in order to determine the applicable customs procedure called for by Article 5 of Directive 95/53; and
f
where it is intended for transmission to another member State before it is put into free circulation in the Community, and a model document is accordingly required to be delivered to the importer pursuant to Article 2.1 of Directive 98/68 —
i
the Commissioners shall provide the competent authority with such information as will enable the latter to complete the model document at the appropriate point (that is to say once the importer has notified the competent authority of the description of goods applicable to the product and the competent authority has either decided not to carry out any physical or identity check or has carried out such of those checks as it has decided to carry out), and
ii
the competent authority shall at that point complete the model document and deliver it to the importer.
4
In Case B, in relation to the product —
a
the importer shall present the competent authority with the model document, and with any available results of laboratory analysis as referred to in Article 2.3 of Directive 98/68, and the authority shall retain that document, and any such results, for a period of at least 18 months;
b
on receipt of the model document, the competent authority may call for the importer to provide a translation as specified in Article 1(3) of Directive 98/68;
c
the competent authority shall, on receipt of the model document and any translation so called for, notify the Commissioners —
i
of that receipt;
ii
as to whether the competent authority is yet satisfied that it would be appropriate for the Commissioners to permit the product to be removed from the controlled place for the purpose of its being put into free circulation in the Community; and
iii
if the competent authority is not yet so satisfied, as to whether it wishes to carry out any physical or identity check for the purpose of determining whether it is so satisfied;
d
the Commissioners and the competent authority may enter into arrangements for the provision by the former to the latter, on such terms as they may arrange, of facilities to carry out any check which the latter may wish to carry out under this paragraph;
e
the competent authority may carry out any such check;
f
the importer shall comply with any directions reasonably given to him by the competent authority for the purpose of enabling any such check to be carried out or facilitating the carrying out of any such check;
g
the competent authority shall, following the carrying out of any such check, notify the Commissioners as to whether it is satisfied that it would be appropriate for the Commissioners to permit the product to be removed from the controlled place for the purpose of its being put into free circulation in the Community;
h
following an affirmative notification as to satisfaction under sub-paragraph (c)(ii) or (g) of this paragraph, the Commissioners may notify the importer that they permit the product to be removed from the controlled place for that purpose; and
i
no person may remove the product from the controlled place for that purpose without that permission having been so notified.
5
Where the competent authority has carried out a physical check pursuant to paragraph (3) or (4), and it is established thereby that the product does not comply with a Community provision covered by article 2(1)(a) of Directive 95/53, the competent authority shall, by notice in writing to the importer —
a
require him (subject to paragraph (6)) to despatch the product out of the Community, within such reasonable period as shall be specified in the notice, and
b
in relation to him, comply with the requirements of the second and third paragraphs of Article 20 of Directive 95/53.
6
Notwithstanding paragraph (5)(a), a requirement made by the competent authority under that paragraph shall be deemed to be complied with if, with the prior written consent of the competent authority, the importer deals with the product in one of the ways specified in the indents of Article 8.2 of Directive 95/53, to the satisfaction of the competent authority, and in accordance with any condition imposed by it.
7
For the purposes of paragraph (6), it shall be for the competent authority to determine in which one, if any, of the ways specified as aforesaid the importer may deal with the product concerned.
8
Where the importer has been issued with a model document in relation to the product, he shall include reference to the model document in any commercial document he presents to any other person in relation to the product.
9
If any person, without reasonable excuse —
a
fails to comply with any directions reasonably given to him under paragraph (3)(a) or (4)(f),
b
removes a product from a controlled place in contravention of paragraph (4)(i),
c
fails to comply with a requirement made of him under paragraph (5)(a), or
d
fails to comply with paragraph (8);
he shall be guilty of an offence.
10
Where a person is guilty of an offence under paragraph (9) he shall be liable —
a
in the case of an offence under paragraph (9)(b), (c) or (d) —
i
on summary conviction, to a fine not exceeding the statutory maximum,
ii
on conviction on indictment, to a fine, and
b
in the case of an offence under paragraph (9)(a), on summary conviction to a fine not exceeding level 3 on the standard scale.
11
Where a person is guilty as aforesaid, the competent authority (save in the case of failure to comply with paragraph (8)) or, in the case of failure to comply with directions given under paragraph (3)(a)(i), or contravention of paragraph (4)(i), the Commissioners or the competent authority, may seize the product, and return it to the country of despatch.
12
Where the competent authority acts or, as the case may be, the Commissioners act, in accordance with paragraph (11), it or, as the case may be, they, shall be entitled to recover its or, as the case may be, their, expenses so incurred on demand from the person who has failed to comply with the directions in question or requirement under paragraph (5)(a), or has contravened paragraph (4)(i).
13
Every competent authority shall provide to the Minister, in writing, such information as is available to it and will assist the Minister to comply with the requirement specified in Article 8.1 of Directive 95/53 as regards notification of rejected products.
Control of products traded within the European Community
5
Where —
a
pursuant to Article 10 or, as the case may be, 11, of Directive 95/53, an authorised person subjects a product to an inspection, and
b
it is established thereby that the product does not comply with a Community provision covered by Article 2.1(a) of that Directive,
the competent authority by which that person is authorised to act shall comply with the requirements of the second and third paragraphs of Article 20 of that Directive in relation to the product.
6
1
Where —
a
pursuant to Article 12 of Directive 95/53, an authorised person subjects a product to an inspection, and
b
it is established thereby that the product does not comply with a Community provision covered by Article 2.1(a) of that Directive,
the competent authority by which that person is authorised to act shall —
i
by notice in writing given to any person of a kind referred to in Article 13.1 of that Directive, require him to deal with the product, within such reasonable period as shall be specified in the notice, in one of the ways specified in the indents of that Article, and in accordance with any reasonable condition imposed by the competent authority, and
ii
in relation to the person of that kind, comply with the requirements of the second and third paragraphs of Article 20 of that Directive.
2
For the purposes of paragraph (1), it shall be for the competent authority to determine in which one of the ways specified as aforesaid the person to whom the notice specified therein is given shall deal with the product concerned.
3
Any person failing to comply, without reasonable excuse, with a requirement made by the competent authority pursuant to paragraph (1), shall be guilty of an offence and shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum,
b
on conviction on indictment, to a fine.
4
Where any person fails to comply with a requirement made by the competent authority pursuant to paragraph (1), the competent authority may seize the product concerned, and itself deal with it in accordance with that requirement.
5
Any competent authority acting in accordance with paragraph (4) shall be entitled to recover its expenses so incurred on demand from the person who has failed to comply with the requirement in question.
6
Every competent authority shall provide to the Minister, in writing, such information as is available to it and will assist the Minister to comply with the requirements specified in the first and third paragraphs, or make use of the right specified in the first paragraph, of Article 14 of Directive 95/53, as regards notification of the matters required to be notified, or, as the case may be, which may be notified, under that Article.
Modification of the Agriculture Act 1970 for certain purposes
7
1
For the purpose specified in paragraph (2), the Act shall have effect subject to the modifications set out in regulations 8 and 10 to 13.
2
The purpose referred to in paragraph (1) is the enforcement and administration of —
a
the Feeding Stuffs Regulations 1995 and the Feeding Stuffs Regulations (Northern Ireland) 1995 , as read with Part IV of the Act, and
b
sections 73 and 73A of the Act.
3
For the purpose specified in paragraph (4), section 67(8) of the Act shall have effect subject to the modification set out in regulation 9.
4
The purpose referred to in paragraph (3) is the enforcement and administration in Great Britain of —
a
the Feeding Stuffs Regulations 1995, as read with Part IV of the Act, and
b
sections 73 and 73A of the Act.
Modification of references in Part IV of the Agriculture Act 1970 to samples taken in the prescribed manner
8
References in Part IV of the Act, as modified for the purposes of these Regulations, to samples taken “in the prescribed manner” shall (as specified in regulation 7) be taken, in the case of feeding stuffs, to refer to samples taken in the manner prescribed —
a
in the case of Great Britain, in Part II of Schedule 1 to the Feeding Stuffs (Sampling and Analysis) Regulations 1999 , or
b
in the case of Northern Ireland, in Part II of Schedule 1 to the Feeding Stuffs (Sampling and Analysis) Regulations (Northern Ireland) 1999 ,
and, in the case of products other than feeding stuffs, to refer to samples taken in the manner prescribed in section 76(8) of the Act.
Modification of section 67(8) of the Agriculture Act 1970
9
In Great Britain, section 67(8) of the Act shall (as specified in regulation 7) have effect as if, for the provisions of that subsection, there were substituted the following provisions:
8
If the Minister is of opinion or, in the case of any area in Scotland, the Scottish Ministers are of opinion, that in any area covered by an enforcement authority, the Feeding Stuffs Regulations 1995 or section 73 or 73A of the Act have been —
a
insufficiently enforced or administered by the authority concerned, or
b
enforced or administered by it without sufficient regard to the requirements of Council Directive 95/53/EC fixing the principles governing the organisation of official inspections in the field of animal nutrition;
he or, as the case may be, they may appoint one or more inspectors to exercise the powers exercisable by inspectors appointed by the authority in question, and any expenses certified by him or, as the case may be, them, as having been incurred by him or, as the case may be, them under this subsection shall be repaid to him or, as the case may be, them on demand by that authority.
8A
In subsection (8) of this section “the Scottish Ministers” has the meaning given in section 44(2) of the Scotland Act 1998..
Modification of section 76 of the Agriculture Act 1970
10
Section 76 of the Act (inspector’s power to enter premises and take samples) shall (as specified in regulation 7) have effect as if, for the provisions of that section, there were substituted the following provisions:
Powers of inspectors
76
1
An inspector may at all reasonable times, and on producing, if requested to do so, some duly authenticated document showing his authority, enter —
a
any premises on which he has reasonable cause to believe that a controlled product has been, or is being, manufactured or produced, or is being kept for the purpose of being put into circulation, incorporated in another product or used, or
b
any premises (not being premises used only as a dwelling) on which he has reasonable cause to believe that there is any controlled product which the occupier of the premises has in his possession or under his control.
2
If a justice of the peace, on sworn information in writing, is satisfied that there is reasonable ground for entry into any such premises as are mentioned in subsection (1) of this section, and either —
a
that admission to the premises has been refused, or a refusal is apprehended, and that notice of the intention to apply for a warrant has been given to the occupier, or
b
that an application for admission, or the giving of such a notice, would defeat the object of the entry, or that the case is one of urgency, or that the premises are unoccupied or the occupier temporarily absent,
the justice may by warrant signed by him authorise the inspector to enter the premises, if need be by reasonable force.
3
Every warrant granted under this section shall continue in force for a period of one month.
4
In the application of subsection (2) of this section to —
a
Scotland, any reference to a justice of the peace includes a reference to the sheriff and to a magistrate, and
b
Northern Ireland, the reference to a sworn information in writing includes reference to a sworn complaint in writing.
5
An inspector entering premises by virtue of this section, or of a warrant issued under it, may take with him such other persons and such equipment as may appear to him to be necessary, and on leaving any unoccupied premises which he has entered by virtue of such a warrant, shall leave them as effectively secured against unauthorised entry as he found them.
6
An inspector entering premises by virtue of this section, or of a warrant issued under it, shall have the right to inspect —
a
any material appearing to him to be a controlled product,
b
any article appearing to him to be a container or package used or intended to be used to wrap or package any such product, or to be a label used or intended to be used in connection with any such product, or
c
any plant or equipment appearing to him to be used, or intended to be used, in connection with the manufacture or production of a controlled product, and any process of manufacture or production of such a product.
7
Subject to subsection (12) of this section, an inspector entering premises by virtue of this section, or of a warrant issued under it, shall have the right to take on those premises, in the prescribed manner, a sample of any relevant material (that is to say material appearing to him to be a feeding stuff manufactured, produced, put into circulation or intended to be put into circulation, or to be material used, or intended to be used, as a feeding stuff).
8
Subject to subsections (9), (10) and (12) of this section, an inspector entering premises by virtue of this section, or of a warrant issued under it, shall have the right to take on those premises a sample of any material appearing to him to be a controlled product other than relevant material as described in subsection (7) of this section, in the like manner as that prescribed —
a
in the case of Great Britain, in Part II of Schedule 1 to the Feeding Stuffs (Sampling and Analysis) Regulations 1999, or
b
in the case of Northern Ireland, in Part II of Schedule 1 to the Feeding Stuffs (Sampling and Analysis) Regulations (Northern Ireland) 1999.
9
For the purposes of subsection (8) of this section, the provisions of Schedule 1 to the Feeding Stuffs (Sampling and Analysis) Regulations 1999 or, as the case may be, Schedule 1 to the Feeding Stuffs (Sampling and Analysis) Regulations (Northern Ireland) 1999, shall have effect as if, for all references in those provisions to “feeding stuff” or to “feeding stuffs”, there were substituted references to “controlled product other than a feeding stuff” or “controlled products other than feeding stuffs” respectively.
10
The requirements specified in Part II (as regards preparation of samples) and in Part III, of Schedule 1 to the Feeding Stuffs (Sampling and Analysis) Regulations 1999 or, as the case may be, specified in the corresponding provisions in the Feeding Stuffs (Sampling and Analysis) Regulations (Northern Ireland) 1999, shall apply in relation to samples taken pursuant to subsection (8) of this section.
11
Without prejudice to his powers and duties as to the taking of samples in the prescribed manner, an inspector may for the purposes of this Part of this Act take a sample in a manner other than that prescribed, of any material which has been sold for use as a feeding stuff or which he has reasonable cause to believe to be intended for sale as such.
12
Where, for the purpose of taking a sample pursuant to subsection (7), (8) or (11) of this section, an inspector takes some of it from each of one or more containers, which are exposed for sale by retail, and none of which weighs more than six kilograms, the owner of the container or containers may require the inspector to purchase the container or containers on behalf of —
a
in Great Britain, the authority for whom he acts, and
b
in Northern Ireland, the Department of Agriculture for Northern Ireland.
13
An inspector entering premises by virtue of this section, or of a warrant issued under it, shall have the right —
a
to require any person carrying on, or appearing to be carrying on, a business which consists of or includes the manufacture, production, putting into circulation, or use of a controlled product, or any person employed in connection with such a business, to produce any record (in whatever form it is held) relating to or arising out of the exercise in the course of that business of any such activity, and which is in his possession or under his control, and
b
to inspect and take copies of any record, or of any entry in any record, produced in pursuance of the preceding paragraph.
14
An inspector exercising the power conferred by subsection (13) of this section in respect of a record held by means of a computer —
a
shall be entitled at any reasonable time to have access to, and inspect and check the operation of, any computer and associated apparatus or material which is or has been, or which it appears is or has been, in use in connection with the record in question;
b
may require —
i
the person by whom or on whose behalf the computer is or has been so used, or
ii
any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material,
to afford the authorised person such reasonable assistance as he may require for that purpose; and
c
may require the record, or an extract from the record, to be produced in a form in which it may be taken away.
15
Where, (in the case of a person carrying on, or appearing to carry on, a business which consists of or includes the manufacture of a compound feeding stuff) —
a
a requirement is made under subsection (13)(a) of this section in relation to any feeding stuff which is, or appears to be, intended for a particular nutritional purpose, and
b
at the time the requirement is made, the record in respect of which it is made has been published and is available in accessible form for public use,
the person of whom the requirement is made shall be deemed to comply with it if, at the time it is made, he supplies the inspector making it with correct and adequate details of the publication concerned, and of where a copy of it may be obtained.
16
An inspector entering premises by virtue of this section, or of a warrant issued under it, shall have the right to seize and detain any product which he has reasonable cause to believe to be a controlled product in relation to which, or by means of which, it appears that an offence under this Part of this Act is being or has been committed, and any record which he has reasonable cause to believe to be a record which may be required as evidence in proceedings under this Part of this Act.
17
In this section —
“compound feeding stuff” has the meaning given in regulation 2(1) of the Feeding Stuffs Regulations 1995 or, as the case may be, in regulation 2(1) of the Feeding Stuffs Regulations (Northern Ireland) 1995;
“controlled product” means any feeding stuff, substance or product which is subject to any of the controls contained in the Feeding Stuffs Regulations 1995 or the Feeding Stuffs Regulations (Northern Ireland) 1995, as read with this Part of this Act, or in sections 73 or 73A of this Act;
“feeding stuff which is intended for a particular nutritional purpose” shall be construed in accordance with the definitions of “feeding stuff intended for a particular nutritional purpose” and “particular nutritional purpose” in regulation 2(1) of the Feeding Stuffs Regulations 1995 or, as the case may be, in regulation 2(1) of the Feeding Stuffs Regulations (Northern Ireland) 1995;
“premises” include any land, vehicle, vessel, aircraft or hovercraft; and
“put into circulation” means sell or otherwise supply, or have in possession with a view to selling or otherwise supplying..
Modification of sections 77(4) and 78(6) of the Agriculture Act 1970
11
For the purpose of sections 77(4) and 78(6) of the Act, analysis shall (as specified in regulation 7) be treated as carried out in the prescribed manner, in relation to a sample of a product which falls to be inspected pursuant to Directive 95/53 but is not a feeding stuff, if —
a
where there is an applicable standard of the kind referred to in the first indent of Article 18.3 of Directive 95/53, analysis is carried out in accordance with that standard, and
b
where there is no such standard, analysis is carried out in accordance with any scientifically valid method the application of which does not contravene any general principle of the Treaty establishing the European Community.
Modification of section 83 of the Agriculture Act 1970
12
Section 83 of the Act (exercise of powers by inspectors) shall (as specified in regulation 7) have effect as if —
a
in subsection (2), after the words “this Part of this Act”, there were added the words “, or fails to comply with any requirement lawfully made by him in the exercise of such powers,”, and
b
for subsection (5) there were substituted the following subsection:
5
Subsection (4) of this section shall not prevent an inspector who has taken a sample of any material in the prescribed manner from disclosing, to the manufacturer, or to the last seller or last supplier of the material, information as to the place where, and the person from whom, the sample was taken, or from disclosing to that manufacturer, last seller or last supplier, or to any person who had the material on his premises for the purpose of sale or supply, information as to the results of any analysis of that sample..
Modification of section 86 of the Agriculture Act 1970
13
Section 86 of the Act (modifications of Part IV in application to Northern Ireland) shall (as specified in regulation 7) have effect as if subsection (4) thereof were omitted.
Obligation on competent authority to provide certain information to the Minister of Agriculture, Fisheries and Food or the Scottish Ministers
14
Every competent authority shall provide to the Minister, in writing, or, in the case of Scotland, to the Scottish Ministers in writing, such information as is available to it and will assist him or, as the case may be, them to comply with the requirements of Article 22 of Directive 95/53.
Amendment of the Feeding Stuffs Regulations 1995 and the Feeding Stuffs Regulations (Northern Ireland) 1995
15
Regulation 22 of the Feeding Stuffs Regulations 1995 and regulation 22 of the Feeding Stuffs Regulations (Northern Ireland) 1995 (Inspector’s power to enter premises and inspect records) shall be deleted.
Joyce Quin
Minister of StateMinistry of Agriculture, Fisheries and Food
17th August 1999
John Reid
Secretary of State for Scotland
17th August 1999


text:
Citation and commencement
1
1
These Regulations may be cited as the Social Security Amendment (Non-Cash Vouchers) Regulations 1999 and, subject to the following paragraphs of this regulation, they shall come into force on 1st July 1999.
2
Where a claimant for either income support or a jobseeker’s allowance–
a
has an award of either of those benefits which is current on 30th June 1999;
b
that award is reviewed on or after 1st July 1999; and
c
the decision on that review takes effect on or after 1st July 1999,
regulation 2(5) or, as the case may be, 2(6) of these Regulations shall have effect in relation to that claimant from the date from which the decision on the first review of that award after 30th June 1999 takes effect.
3
In relation to any claimant for either council tax benefit or housing benefit, regulation 2(1) or, as the case may be, 2(4) of these Regulations shall have effect, where that claimant has an award of either of those benefits which is current on 30th June 1999, from the first day of the first benefit period to commence for that claimant on or after 1st July 1999 and for the purposes of this paragraph, “benefit period” shall have the same meaning as it has in regulation 57 of the Council Tax Benefit (General) Regulations 1992 or, as the case may be, in regulation 66 of the Housing Benefit (General) Regulations 1987 .
4
In relation to any claimant for either family credit or disability working allowance, regulation 2(2) or, as the case may be, 2(3) of these Regulations shall have effect, where that claimant has an award of either of those benefits which expires after 1st July 1999, on the day following the expiration of that award.
Earnings of employed earners
2
1
In regulation 19 of the Council Tax Benefit (General) Regulations 1992 (which relates to earnings of employed earners)–
a
at the end of paragraph (1), there shall be added the following sub-paragraph–
k
the amount of any payment by way of a non-cash voucher which has been taken into account in the computation of a person’s earnings in accordance with regulation 18(22) to (25) of the Social Security (Contributions) Regulations 1979 .
;
b
at the beginning of paragraph (2)(a), there shall be inserted the words “subject to paragraph (3),”;
c
after paragraph (2), there shall be added the following paragraph–
3
Paragraph (2)(a) shall not apply in respect of any non-cash voucher referred to in paragraph (1)(k).
.
2
In regulation 21 of the Disability Working Allowance (General) Regulations 1991 (which relates to earnings of employed earners)–
a
at the end of paragraph (1), there shall be added the following sub-paragraph–
j
the amount of any payment by way of a non-cash voucher which has been taken into account in the computation of a person’s earnings in accordance with regulation 18(22) to (25) of the Social Security (Contributions) Regulations 1979.
;
b
in paragraph (2)(a), for the words “paragraph (3)” there shall be substituted the words “paragraphs (3) and (4)”;
c
after paragraph (3), there shall be added the following paragraph–
4
Paragraph (2)(a) shall not apply in respect of any non-cash voucher referred to in paragraph (1)(j).
.
3
In regulation 19 of the Family Credit (General) Regulations 1987 (which relates to earnings of employed earners)–
a
at the end of paragraph (1), there shall be added the following sub-paragraph–
i
the amount of any payment by way of a non-cash voucher which has been taken into account in the computation of a person’s earnings in accordance with regulation 18(22) to (25) of the Social Security (Contributions) Regulations 1979.
;
b
in paragraph (2)(a), for the words “paragraph (3)” there shall be substituted the words “paragraphs (3) and (4)”;
c
after paragraph (3), there shall be added the following paragraph–
4
Paragraph (2)(a) shall not apply in respect of any non-cash voucher referred to in paragraph (1)(i).
.
4
In regulation 28 of the Housing Benefit (General) Regulations 1987 (which relates to earnings of employed earners)–
a
at the end of paragraph (1), there shall be added the following sub-paragraph–
k
the amount of any payment by way of a non-cash voucher which has been taken into account in the computation of a person’s earnings in accordance with regulation 18(22) to (25) of the Social Security (Contributions) Regulations 1979.
;
b
at the beginning of paragraph (2)(a), there shall be inserted the words “subject to paragraph (3),”;
c
after paragraph (2), there shall be added the following paragraph–
3
Paragraph (2)(a) shall not apply in respect of any non-cash voucher referred to in paragraph (1)(k).
.
5
In regulation 35 of the Income Support (General) Regulations 1987 (which relates to earnings of employed earners)–
a
at the end of paragraph (1), there shall be added the following sub-paragraph–
j
the amount of any payment by way of a non-cash voucher which has been taken into account in the computation of a person’s earnings in accordance with regulation 18(22) to (25) of the Social Security (Contributions) Regulations 1979.
;
b
at the beginning of paragraph (2)(a), there shall be inserted the words “subject to paragraph (2A),”;
c
after paragraph (2), there shall be added the following paragraph–
2A
Paragraph (2)(a) shall not apply in respect of any non-cash voucher referred to in paragraph (1)(j).
.
6
In regulation 98 of the Jobseeker’s Allowance Regulations 1996 (which relates to earnings of employed earners)–
a
at the end of paragraph (1), there shall be added the following sub-paragraph–
h
the amount of any payment by way of a non-cash voucher which has been taken into account in the computation of a person’s earnings in accordance with regulation 18(22) to (25) of the Social Security (Contributions) Regulations 1979.
;
b
at the beginning of paragraph (2)(a), there shall be inserted the words “subject to paragraph (2A),”;
c
after paragraph (2), there shall be added the following paragraph–
2A
Paragraph (2)(a) shall not apply in respect of any non-cash voucher referred to in paragraph (1)(h).
.
Signed by authority of the Secretary of State for Social Security.
Angela Eagle
Parliamentary Under-Secretary of State,
Department of Social Security
27th May 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Croydon Community National Health Service Trust (Change of Name) Order 1999 and shall come into force on 1st February 2000.
2
In this Order —
“ the Order ” means the Croydon Community National Health Service Trust (Establishment) Order 1990 ;
“ the trust ” means the National Health Service trust established by the Order.
Change of name of NHS trust
2
The trust shall be called the Croydon and Surrey Downs Community National Health Service Trust instead of the Croydon Community National Health Service Trust, and accordingly in article 1 of the Order in the definition of “the trust”, and in article 2 of the Order, after the word “Croydon” there shall be inserted the words “and Surrey Downs”.
Transitional provisions
3
The change of name under this Order shall not —
a
affect any right or obligation of any person; or
b
be taken as invalidating any instrument (whether made before, on or after the day on which this Order comes into force) which refers to the trust by its previous name, and all instruments and other documents which refer to the trust under its previous name shall be construed as referring to it under its new name.
Signed by authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
22nd November 1999


text:
1
This Order may be cited as the Value Added Tax (Special Provisions) (Amendment) Order 1999 and shall come into force on 1st December 1999.
2
In article 2 of the Value Added Tax (Special Provisions) Order 1995 for the definition of “motor car” there shall be substituted —
“Motor car” means any motor vehicle of a kind normally used on public roads which has three or more wheels and either —
is constructed or adapted solely or mainly for the carriage of passengers; or
has to the rear of the driver’s seat roofed accommodation which is fitted with side windows or which is constructed or adapted for the fitting of side windows;
but does not include —
vehicles capable of accommodating only one person;
vehicles which meet the requirements of Schedule 6 to the Road Vehicles (Construction and Use) Regulations 1986 and are capable of carrying twelve or more seated persons;
vehicles of not less than three tonnes unladen weight (as defined in the Table to regulation 3(2) of the Road Vehicles (Construction and Use) Regulations 1986);
vehicles constructed to carry a payload (the difference between a vehicle’s kerb weight (as defined in the Table to regulation 3(2) of the Road Vehicles (Construction and Use) Regulations 1986) and its maximum gross weight (as defined in that Table)) of one tonne or more;
caravans, ambulances and prison vans;
vehicles constructed for a special purpose other than the carriage of persons and having no other accommodation for carrying persons than such as is incidental to that purpose;
.
Jim Dowd
Bob Ainsworth
Two of the Lords Commissioners of Her Majesty’s Treasury
14th October 1999


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Optical Charges and Payments) and (General Ophthalmic Services) (Amendment) Regulations 1999 and shall come into force on 5th October 1999.
2
In these Regulations —
a
“the 1997 Regulations ” means the National Health Service (Optical Charges and Payments) Regulations 1997 ;
b
“the 1986 Regulations ” means the National Health Service (General Ophthalmic Services) Regulations 1986 .
Amendment of the 1997 Regulations
2
1
In Regulation 1(2) of the 1997 Regulations (citation, commencement and interpretation) —
a
after the definition of “the Act” there shall be inserted the following definition —
“amount withdrawn” means the amount by which the appropriate maximum disabled person’s tax credit or, as the case may be, working families' tax credit, determined in accordance with section 129(8) or 128(5) of the Social Security Contributions and Benefits Act 1992 , as the case may be, is reduced by virtue of the claimant’s income exceeding the applicable amount;
;
b
for the definition of “disability working allowance” there shall be substituted the following definition —
“disabled person’s tax credit” means disabled person’s tax credit under section 129 of the Social Security Contributions and Benefits Act 1992;
;
c
for the definition of “family credit” there shall be substituted in the appropriate place the following definition —
“working families' tax credit” means working families' tax credit under section 128 of the Social Security Contributions and Benefits Act 1992;
.
2
Regulation 8 of the 1997 Regulations (eligibility — supply of optical appliances) shall be amended as follows —
a
for paragraph (3)(c) there shall be substituted —
c
he is in receipt of working families' tax credit with an amount withdrawn of £70 or less;
;
b
for paragraph (3)(d) there shall be substituted —
d
he is a member of the same family as a person described in paragraph (c) of this paragraph;
;
c
for paragraph (3)(g) there shall be substituted —
g
he is in receipt of disabled person’s tax credit with an amount withdrawn of £70 or less;
;
d
in paragraph (4)(b) for “family credit” there shall be substituted “working families' tax credit”;
e
in paragraph (4)(c) for “disability working allowance” there shall be substituted “disabled person’s tax credit”.
Amendment of the 1986 Regulations
3
1
In regulation 2(1) of the 1986 Regulations (interpretation) —
a
after the definition of “the 1984 Act ” there shall be inserted the following definition —
“amount withdrawn” means the amount by which the appropriate maximum disabled person’s tax credit or, as the case may be, working families' tax credit, determined in accordance with section 129(8) or 128(5) of the Social Security Contributions and Benefits Act 1992 , as the case may be, is reduced by virtue of the claimant’s income exceeding the applicable amount;
;
b
for the definition of “disability working allowance” there shall be substituted the following definition —
“disabled person’s tax credit” means disabled person’s tax credit under section 129 of the Social Security Contributions and Benefits Act 1992;
;
c
for the definition of “family credit” there shall be substituted in the appropriate place the following definition —
“working families' tax credit” means working families' tax credit under section 128 of the Social Security Contributions and Benefits Act 1992;
.
2
Regulation 13 of the 1986 Regulations (sight tests — eligibility) shall be amended as follows —
a
for paragraph (2)(c) there shall be substituted —
c
he is in receipt of working families' tax credit with an amount withdrawn of £70 or less;
;
b
for paragraph (2)(d) there shall be substituted —
d
he is a member of the same family as a person described in paragraph (c) of this paragraph;
;
c
for paragraph (2)(g) there shall be substituted —
g
he is in receipt of disabled person’s tax credit with an amount withdrawn of £70 or less;
;
d
in paragraph (3)(b) for “family credit” there shall be substituted “working families' tax credit”.
Transitional Provision
4
1
Where immediately before 5th October 1999 a person, or a member of his family, was in receipt of disability working allowance or family credit, as the case may be, the amendments made by regulation 2 or 3 of these Regulations shall not have effect in his case for so long as he, or a member of his family, continues to be in receipt of disability working allowance or family credit, as the case may be.
2
In this regulation, “disability working allowance” and “family credit” shall continue to have the meaning given to them in the 1997 Regulations or the 1986 Regulations, as the case may be, immediately before the coming into force of these Regulations.
Signed by authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
13th September 1999


text:
1
This Order may be cited as the Public Telecommunication System Designation (Netkonect Communications 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:
1
This Order may be cited as the European Parliamentary Elections (Day of Poll) Order 1999 and shall come into force on 1st May 1999.
2
The poll at the next general election of MEPs shall be held on 10th June 1999.
George Howarth
Parliamentary Under-Secretary of State
Home Office
23rd March 1999


text:
Citation and commencement
1
These Regulations may be cited as the Statutory Maternity Pay (Compensation of Employers) Amendment Regulations 1999 and shall come into force on 6th April 1999.
Amendment of the Statutory Maternity Pay (Compensation of Employers) and Miscellaneous Amendment Regulatiosn 1994
2
In regulation 3 of the Statutory Maternity Pay (Compensation of Employers) and Miscellaneous Amendment Regulations 1994 (determination of the amount of additional payment to which a small employer shall be entitled)–
a
for “6th April 1998” substitute “6th April 1999”; and
b
for “7 per cent.” substitute “5 per cent.”.
Signed by authority of the Secretary of State for Social Security.
Stephen C. Timms
Minister of State,
Department of Social Security
16th February 1999


text:
1
This Order may be cited as the Brackenhurst College, Southwell (Dissolution) Order 1999, and shall come into force on 1st April 1999.
2
On 1st April 1999 the corporation shall be dissolved and all of its property, rights and liabilities shall be transferred to Nottingham Trent University.
3
Section 26(2), (3) and (4) of the Act shall apply to any person employed by the corporation immediately before 1st April 1999 as if the references in that section —
a
to a person to whom that section applies were to a person so employed;
b
to the operative date were to 1st April 1999;
c
to the transferor were to the corporation; and
d
to the corporation were to Nottingham Trent University.
Tessa Blackstone
Minister of State,
Department for Education and Employment
10th March 1999


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Incapacity, Earnings and Work Trials) Pilot Schemes Regulations 1999 and shall come into force on 11th April 1999.
2
These Regulations, other than regulation 7 (transitional provision), shall cease to have effect on 8th April 2000, unless revoked with effect from an earlier date.
3
In these Regulations —
“the Contributions and Benefits Act ” means the Social Security Contributions and Benefits Act 1992 ;
“the Incapacity General Regulations ” means the Social Security (Incapacity for Work) (General) Regulations 1995 ;
“a pilot scheme area” means the locality of the district offices of the Department of Social Security specified in column (3) of the Schedule to these Regulations and, in relation to those district offices, the postal districts specified in column (4) of the Schedule;
“the pilot scheme period” means any day within a period beginning on 11th April 1999 and ending on 8th April 2000; and
“a prescribed benefit” means any benefit, allowance or advantage under the Contributions and Benefits Act (other than statutory sick pay) mentioned in section 77(8) of the Social Security Act 1998 and for which entitlement is dependent on incapacity for work.
Application
2
These Regulations shall apply to any person who —
a
subject to regulation 6, is residing in a pilot scheme area during any period within the pilot scheme period; and
b
is —
i
on 11th April 1999, receiving a prescribed benefit from a district office in a pilot scheme area; or
ii
on or after 11th April 1999, entitled to, and claims, a prescribed benefit in a pilot scheme area for any day within the pilot scheme period.
Modification of the Incapacity General Regulations
3
These Regulations modify the Incapacity General Regulations to the extent prescribed in these Regulations and in so far as those Regulations apply to a person to whom these Regulations apply.
Earnings
4
1
Where a person who does any work on any day in a week for which he would otherwise be treated as capable of work under regulation 16 of the Incapacity General Regulations , he shall, if his earnings in that week do not exceed £15, be treated as incapable of work for that week.
2
For the purposes of calculating the amount of a person’s earnings under this regulation, the provisions of the Social Security Benefit (Computation of Earnings) Regulations 1996 shall be treated as if they applied to this regulation.
Work Trials
5
1
A person to whom this regulation applies shall be treated as incapable of work on any day, in whole or in part as the case may be, on which he does any approved work in a period of incapacity for work consisting of days, or part days, as the case may be, aggregated to not more than 15 days.
2
This regulation applies to a person —
a
who has been incapable of work or treated as incapable of work for a period of incapacity for work of more than 196 days;
b
who is receiving a prescribed benefit; and
c
who is engaged in approved work on a trial basis.
3
In this regulation —
“approved work” means, in relation to a person, work arranged in writing by the Employment Service of the Department for Education and Employment with an employer in respect of that person;
“a period of incapacity for work” means —
a period of 4 or more consecutive days each of which is a day on which a person is incapable of work and any two such periods separated by a period of not more than 8 weeks is to be treated as one period of incapacity for work, or
such larger number of weeks as is prescribed under section 30C(4)(b) of the Contributions and Benefits Act; and
“trial basis” means such trial period and other related matters as may be agreed between the person, the Department for Education and Employment and an employer in relation to the approved work.
Residence
6
1
This regulation applies to a person who moves his residence from a pilot scheme area (“former pilot scheme area”) to a residence which is not within a pilot scheme area in the course of the pilot scheme period.
2
A person to whom paragraph (1) applies shall be treated as residing in the former pilot scheme area if —
a
immediately before his departure from the former pilot scheme area, he was doing work in circumstances in which regulation 4 or 5 applied; and
b
immediately after his departure from the former pilot scheme area, he continues to do the work for which he was treated as incapable of work in circumstances in which regulation 4 or 5 applied.
Transitional Provision
7
On the expiry of these Regulations, the Incapacity General Regulations shall apply to any person to whom these Regulations applied with modifications to those Regulations made by these Regulations for —
in relation to a person to whom regulation 4 applies, a period up to 7th October 2000, or
in relation to a person to whom regulation 5 applies, the remaining period in respect of which he is doing approved work,
but only in respect of the work for which he is engaged in doing on 8th April 2000 or the work approved in relation to him before 8th April 2000, as the case may be.
Signed by authority of the Secretary of State for Social Security.
Stephen C. Timms
Minister of State,
Department of Social Security
7th April 1999


text:
1
This Order may be cited as the Education (Inspectors of Schools in England) Order 1999 and shall come into force on 14th May 1999.
2
The persons named in the Schedule to this Order are hereby appointed Her Majesty’s Inspectors of Schools in England with effect from 14th May 1999.
A. K. Galloway
Clerk of the Privy Council