text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security Contributions, Statutory Maternity Pay and Statutory Sick Pay (Miscellaneous Amendments) Regulations 1999 and shall come into force on —
a
for the purposes of regulation 7, 1st April 1999;
b
for all other purposes, 6th April 1999.
2
In these Regulations “the principal Regulations ” means the Social Security (Contributions) Regulations 1979 .
Amendment of regulation 18 of the principal Regulations
2
1
Regulation 18 of the principal Regulations (calculation of earnings) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (2) , omit “(4),”.
3
Omit paragraphs (2A), (2B), (4), (5), (5A) and (9A) .
4
In paragraph (7A) , omit “(4),”.
5
In paragraph (9) for “(2A), (5A) and (9A)”, substitute “(17) to (19)”.
6
After paragraph (15) , add —
16
Subject to paragraph (17) of this regulation, the amount of earnings which is comprised in any payment by way of a gain which a person realises by the assignment or release of a right to acquire shares in a body corporate, obtained by that person as a director or employee of that or any other body corporate where that right or those shares are not readily convertible assets , and which falls to be taken into account in the computation of a person’s earnings, shall, for the purposes of earnings-related contributions, be calculated on the basis of the best estimate that can reasonably be made of the difference between —
a
the amount or value of the consideration for that assignment or release; and
b
the amount or value of the consideration (if any) given for the grant of the right;
(a just apportionment being made of any entire consideration given for the grant of the right to acquire those shares and other shares or otherwise for the grant of the right to acquire those shares and for something else besides).
17
The amount of earnings which is comprised in any payment by way of a gain which a person realises by the assignment or release of a right to acquire shares in a body corporate (“the first body corporate”), obtained by that person before 6th April 1999 as a director or employee of that or any other body corporate where that right or those shares are not readily convertible assets, where a subsequent right —
a
forms all, or part of, the consideration given for the assignment or release of the first right; and
b
the subsequent right is —
i
a right to acquire shares in the first body corporate or any other body corporate,
ii
not treated as consideration for the assignment or release of the first right by virtue of section 136(1) of the Income and Corporation Taxes Act 1988 (provisions supplementary to section 135) , and
iii
acquired at a total discount on the total market value which is substantially greater than the total discount on the total market value of the first right at the time of its assignment or release,
and which falls to be taken into account in the computation of a person’s earnings, shall, for the purposes of earnings-related contributions, be calculated on the basis of the best estimate that can reasonably be made of the difference between the total discount on the subsequent right and the total discount on the first right.
18
The amount of earnings which is comprised in any payment by way of a gain which a person realises by the exercise of a right to acquire shares in a body corporate obtained by that person as a director or employee of that or any other body corporate, where —
a
that right —
i
formed all, or part of, the consideration given for the assignment or release of a right which was obtained before 6th April 1999 (“the first right”) to acquire shares in a body corporate (“the first body corporate”),
ii
is a right to acquire shares in the first body corporate or any other body corporate, and
iii
was not treated as consideration for the assignment or release of the first right by virtue of section 136(1) of the Income and Corporation Taxes Act 1988; and
b
at the time of its acquisition, the total market value of the subsequent right was not similar to the total market value of the first right immediately before its assignment or release,
and which falls to be taken into account in the computation of a person’s earnings, shall, for the purposes of earnings-related contributions, be calculated or estimated in accordance with the provisions of paragraph (19) of this regulation.
19
The amount referred to in paragraph (18) of this regulation shall be calculated or estimated in respect of a gain realised by the exercise at any time of a subsequent right, on the basis of the best estimate that can reasonably be made of such part of that gain which relates to the difference between —
a
the amount that a person might reasonably expect to obtain from a sale in the open market at the time that the shares were acquired pursuant to that subsequent right less the amount or value of the consideration (if any) given for those shares and the grant of that right; and
b
the amount that a person might reasonably expect to obtain from a sale in the open market of the shares which were the subject of the first right at the time of its assignment or release less the amount or value of the consideration (if any) given for those shares and the grant of that right;
for the purposes of this paragraph “gain” means the amount realised by the exercise of a subsequent right less any amount which has previously been included in that person’s earnings for the purposes of his assessment of earnings-related contributions in respect of his acquisition, assignment or release of the first right, (a just apportionment being made of any entire consideration given for the grant of the right to acquire those shares and other shares or otherwise for the grant of the right to acquire those shares and for something else besides).
20
For the purposes of paragraphs (16) to (19) and this paragraph of this regulation —
a
“total market value” means the price which the shares which are the subject of the right in question might reasonably be expected to fetch on sale in the open market;
b
the total market value of the subsequent right is similar to the total market value of the first right if it is not substantially greater than that latter right;
c
“total discount” means the difference between the total value of the exercise price of the shares that are the subject of the right in question and the total market value of that right;
d
neither the consideration given for the grant of the right nor any such entire consideration shall be taken to include the performance of any duties of or in connection with the office or employment by reason of which the right was granted, and no part of the amount or value of the consideration given for the grant shall be deducted more than once;
e
in so far as the context permits, “shares” include stock;
f
“body corporate” includes —
i
a body corporate constituted under the law of a country or territory outside the United Kingdom, and
ii
an unincorporated association wherever constituted.
.
Amendment of regulation 19 of the principal Regulations
3
1
Regulation 19 of the principal Regulations (payments to be disregarded) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1) —
a
omit sub-paragraph (mm) ;
b
after sub-paragraph (zg) , add —
zh
a payment by way of —
i
a gain realised by the exercise of a right to acquire shares in a body corporate chargeable to tax under Schedule E by virtue of section 135 of the Income and Corporation Taxes Act 1988 (gains by directors and employees from share options),
ii
the grant of a right to acquire shares obtained on, or after, 6th April 1999 which is capable of being exercised more than ten years after it is obtained,
where that right and those shares are not readily convertible assets;
zi
a payment by way of the grant of a right obtained on, or after, 6th April 1999 to acquire shares which is not capable of being exercised more than ten years after it is obtained;
zj
a payment by way of the conferment of a conditional interest in shares where that interest will, or might, remain only conditional until a time more than five years after its acquisition, which is acquired pursuant to the exercise of a right to acquire shares granted on, or after, 6th April 1999 where —
i
the conferment of that interest would otherwise be chargeable to tax by virtue of section 135 of the Income and Corporation Taxes Act 1988, and
ii
the acquisition of that interest would be treated as earnings by virtue of regulation 17AB of these Regulations (further provision as to payments to be treated as earnings) ;
zk
a payment by way of the acquisition of an interest in shares pursuant to a right to acquire shares granted before 9th April 1998 where the acquisition of that interest would be treated as earnings by virtue of regulation 17AB of these Regulations;
zl
a payment by way of a gain realised by the assignment or release of a right (“the first right”) to acquire shares in a body corporate (“the first body corporate”) chargeable to tax under Schedule E by virtue of section 135 of the Income and Corporation Taxes Act 1988 where a subsequent right —
i
forms all, or part of, the consideration given for the assignment or release of the first right, and
ii
the subsequent right is —
aa
a right to acquire shares in the first body corporate or any other body corporate; and
bb
not treated as consideration for the assignment or release of the first right by virtue of section 136(1) of the Income and Corporation Taxes Act 1988,
but this sub-paragraph shall not apply where the first right was acquired before 6th April 1999 and the total discount on the total market value of the subsequent right is substantially greater than the total discount on the total market value of the first right at the time of its assignment or release;
zm
a payment by way of a gain realised by the exercise, or by the assignment or release, of a right obtained before 6th April 1999 to acquire shares in a body corporate chargeable to tax under Schedule E by virtue of section 135 of the Income and Corporation Taxes Act 1988, unless —
i
that right (“the subsequent right”) —
aa
forms all, or part of, the consideration given for the assignment or release of a right to acquire shares in a body corporate (“the first right”);
bb
is a right to acquire shares in the first body corporate or any other body corporate;
cc
is not treated as consideration for the assignment or release of the first right by virtue of section 136(1) of the Income and Corporation Taxes Act 1988; and
ii
at the time of its acquisition, the total market value of the subsequent right was not similar to the total market value of the first right immediately before its assignment or release.
.
3
After paragraph (10) , add —
11
For the purposes of paragraphs (1)(zh), (zl) and (zm) and this paragraph of this regulation —
a
“body corporate” includes —
i
a body corporate constituted under the law of a country or territory outside the United Kingdom, and
ii
an unincorporated association wherever constituted;
b
“total discount” means the difference between the total value of the exercise price of the shares that are the subject of the right in question and the total market value of that right;
c
“total market value” means the price which the shares which are the subject of the right in question might reasonably be expected to fetch on sale in the open market;
d
the total market value of the subsequent right is similar to the total market value of the first right if it is not substantially greater than that latter right.
.
Insertion of Part IIB into the principal Regulations
4
After regulation 22H (calculation of Class 1A contributions) , insert —
PART IIB
CALCULATION OF, AND EXCEPTION FROM, LIABILITY FOR CLASS 1B CONTRIBUTIONS
Calculation of Class 1B contributions
22I
Where a person is liable to pay a Class 1B contribution in accordance with the provisions of section 10A of the Social Security Contributions and Benefits Act 1992 (Class 1B contributions), the amount of that contribution shall be calculated to the nearest £0.01 and any amount of £0.005 or less shall be disregarded.
Exception from liability to pay Class 1B contributions
22J
1
A person shall be excepted from liability to pay a Class 1B contribution for any year in respect of —
a
the amount of any of the chargeable emoluments under section 10A(4) of the Social Security Contributions and Benefits Act 1992 of an employee included in a PAYE settlement agreement; and
b
the total amount of income tax in respect of which that person is accountable to the Board of Inland Revenue in relation to emoluments of such an employee in accordance with a PAYE settlement agreement,
where the employee is —
i
subject to the legislation of a contracting party, other than the United Kingdom, to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 , or
ii
a person subject to the legislation of a country outside the United Kingdom in respect of whom there is an Order in Council under section 179 of the Social Security Administration Act 1992 (reciprocal agreements with countries outside the United Kingdom) giving effect to a reciprocal agreement.
2
Where under the foregoing provisions of this regulation, a person is excepted from liability to pay a Class 1B contribution for any year, that person shall be entitled, if he so wishes, to pay that contribution for that year.
.
Amendment of regulation 31 of the principal Regulations
5
In regulation 31 (disposal of contributions not properly paid) —
a
in paragraph (1) after “Class 1A”, insert “, Class 1B”;
b
for paragraph (2), substitute —
2
Where the whole or any part of a Class 1A contribution or a Class 1B contribution falls to be returned by the Secretary of State to any person under regulation 32(1) of these Regulations, or any part of a Class 1A contribution falls to be repaid by the Secretary of State to any person under regulation 33A(1) of these Regulations, the Secretary of State may treat —
a
the amount of that Class 1A contribution or, as the case may be, any part of such a contribution, as a payment on account of any secondary Class 1 contributions, Class 1B contribution or Class 2 contributions;
b
the amount of that Class 1B contribution or, as the case may be, any part of such a contribution, as a payment on account of any secondary Class 1 contributions, Class 1A contribution or Class 2 contributions,
properly payable by that person.
.
Amendment of regulation 32 of the principal Regulations
6
In regulation 32(1)(a) (which provides for the return of contributions paid in error or in excess of the annual maximum) after “Class 1A contributions”, insert “and Class 1B contributions”.
Amendment of regulation 44 of the principal Regulations
7
In regulation 44(1) of the principal Regulations (application for allocation of national insurance number) for “to the Secretary of State”, substitute “either to the Secretary of State or to the Commissioners of Inland Revenue”.
Amendment of regulation 46 of the principal Regulations
8
In regulation 46 (collection and recovery of earnings-related contributions and Class 1A contributions) for the words “and Class 1A contributions” in the heading to the regulation and in both places where they occur, substitute “, Class 1A contributions and Class 1B contributions”.
Amendment of regulation 119 of the principal Regulations
9
In regulation 119 (conditions as to residence or presence in Great Britain) —
a
in paragraph (1) after “Class 1A contributions”, insert “or Class 1B contributions”;
b
in paragraph (1)(b) for “or Class 1A contributions,”, substitute “, Class 1A contributions or Class 1B contributions,” and after “secondary contributor”, insert “or the person liable for the payment of Class 1B contributions”;
c
after paragraph (2)(b), add —
c
no Class 1B contribution shall be payable in respect of any PAYE settlement agreement in connection with such employment,
.
Amendment of regulation 120 of the principal Regulations
10
In regulation 120(2)(c) (which provides that a Class 1A contribution is to be payable in respect of the first 52 weeks of employment abroad) after “Class 1A contributions”, insert “and Class 1B contributions”.
Amendment of Schedule 1 to the principal Regulations
11
1
Schedule 1 to the principal Regulations (which, with extensions and modifications, contains provisions formerly contained in the Income Tax (Employments) Regulations 1973 as they applied to earnings-related contributions under the Social Security Act 1975 and subsequently to Class 1A contributions under the Social Security Contributions and Benefits Act 1992 ) shall be amended in accordance with the following provisions of this regulation.
2
In the heading to Schedule 1 and in the heading to Part IV of that Schedule for “AND CLASS 1A CONTRIBUTIONS”, substitute “, CLASS 1A CONTRIBUTIONS AND CLASS 1B CONTRIBUTIONS”.
3
In Regulation 13 (calculation of deduction) of Schedule 1 to the principal Regulations —
a
in paragraph (1) for “section 4(3) of the Act”, substitute “section 6(3) of the Social Security Contributions and Benefits Act 1992”;
b
in paragraph (2A) —
i
in head (ii) of sub-paragraph (b) for “section 18 of the Social Security (Miscellaneous Provisions) Act 1977”, substitute “section 112 of the Social Security Contributions and Benefits Act 1992 (certain sums to be earnings) ”,
ii
in head (iii) of sub-paragraph (b) omit the words from “except where,” to “apply”;
c
in paragraph (3A) —
i
for “the provisions of the preceding paragraph”, substitute “paragraphs (2A), (3C) and (3F)”,
ii
for the words “that paragraph” in both places where they occur, substitute “those paragraphs”;
d
after paragraph (3A), insert —
3B
Paragraph (3C) of this Regulation applies where an employer makes a payment consisting of solely non-monetary earnings, or a combination of monetary and non-monetary earnings, to —
a
an employee;
b
an ex-employee,
and at the time of the payment of those earnings there are no, or insufficient, monetary earnings from which the employer could deduct the amount of earnings-related contributions which the employee, or ex-employee as the case may be, is liable to pay under section 6(3)(a) of the Social Security Contributions and Benefits Act 1992;
for these purposes an “ex-employee” means a person who —
ceases to be employed by the employer in a particular year (“the cessation year”), and
receives such earnings from the employer after the cessation of employment but in the cessation year.
3C
Where, in the circumstances specified in paragraph (3B) of this Regulation, the employer does not deduct from the earnings referred to in that paragraph the full amount of earnings-related contributions which by virtue of these Regulations he is entitled to deduct, he may, subject to the provisions of paragraph (3A) of this Regulation, recover the amount so underdeducted by deduction from any subsequent payment of monetary earnings to that employee, or ex-employee as the case may be, during the same year.
3D
Paragraph (3F) of this Regulation applies where —
a
a person (“the ex-employee”) ceases in a particular tax year (“the cessation year”) to be employed by a particular employer (“the employer”); and
b
the ex-employee receives from the employer in the cessation year, after the cessation of employment, earnings in the form of —
i
a beneficial interest in shares,
ii
a conditional interest in shares or a beneficial interest in convertible shares treated as earnings by virtue of regulation 17AB of the Main Regulations (further provision as to payments to be treated as earnings),
iii
any gain on which the ex-employee is chargeable to tax by virtue of section 135 of the Income and Corporation Taxes Act 1988 (gains by directors and employees from share options); and
c
at the time of the payment of those earnings there are no, or insufficient, monetary earnings from which the employer could deduct the amount of earnings-related contributions which the employee is liable to pay under section 6(3)(a) of the Social Security Contributions and Benefits Act 1992.
3E
For the purposes of paragraph (3D) of this Regulation —
a
“conditional shares” means shares within the meaning given for the purposes of sections 140A and 140B of the Income and Corporation Taxes Act 1988 in section 140C of that Act and, by virtue of section 140A(9) of that Act, includes securities issued by a company;
b
“convertible shares” means shares which are convertible within the meaning of section 140D of the Income and Corporation Taxes Act 1988.
3F
Where, in the circumstances specified in paragraph (3D) of this Regulation, the employer has not deducted from the earnings referred to in sub-paragraph (b) of that paragraph the full amount of earnings-related contributions which by virtue of these Regulations he is entitled to deduct, he may, without prejudice to the provisions of paragraph (3C) of this Regulation and subject to the provisions of paragraph (3G)(b) below, recover the amount so underdeducted by deduction from the proceeds of sale of some, or all, of —
a
the shares referred to in sub-paragraph (b)(i) and (ii) of paragraph (3D),
b
the shares which form the subject matter of the option referred to in sub-paragraph (b)(iii) of paragraph (3D).
3G
For the purposes of paragraph (3F) of this Regulation —
a
the whole of the amount underdeducted may be recovered from the proceeds of sale of some, or all, of the shares referred to in that paragraph; and
b
the employee’s prior written consent to that sale and the recovery of all or part of the underdeduction from the proceeds thereof, shall be required.
.
4
In Regulation 26C (payment of Class 1A contributions) —
a
in the heading after “Class 1A contributions”, add “and Class 1B contributions”;
b
after paragraph (1) , insert —
1A
A person who is liable to pay a Class 1B contribution (“the employer”), shall pay that Class 1B contribution to the Collector not later than 19th October in the year immediately following the end of the year in respect of which that contribution is payable.
;
c
in paragraph (3) after “Class 1A contributions”, insert “or Class 1B contributions”.
5
For Regulation 28 (recovery of earnings-related contributions or Class 1A contribu tions) , substitute —
Recovery of earnings-related contributions, Class 1A contributions or Class 1B contributions
28
1
The provisions of the Income Tax Acts and of any regulations under section 203 of the Income and Corporation Taxes Act 1988 (pay as you earn) relating to the recovery of tax shall apply to the recovery of —
a
any amount of earnings-related contributions which an employer is liable to pay to the Collector for any income tax period in accordance with Regulation 26 or 26A or which he is deemed to be liable to pay to the Collector for any income tax period under Regulation 27A ;
b
any amount of Class 1A contributions which an employer is liable to pay to the Collector in respect of any year in accordance with Regulation 26C(1) or 26D(5) or which he is deemed to be liable to pay to the Collector in respect of any year under Regulation 27B ; or
c
any amount of Class 1B contributions which an employer is liable to pay to the Collector in respect of any year in accordance with Regulation 26C(1A),
as if each of those amounts had been charged to tax by way of an assessment on the employer under Schedule E:
Provided that, in the application to any proceedings taken by virtue of this Regulation of any such provisions limiting the amount which is recoverable in those proceedings, there shall be disregarded any amount of tax which may by virtue of paragraphs (2) to (4) of this Regulation be included as part of the cause of action or matter of complaint in those proceedings.
2
Proceedings may be brought for the recovery of the total amount of —
a
earnings-related contributions which the employer is liable to pay to the Collector for any income tax period;
b
Class 1A contributions which the employer is liable to pay to the Collector in respect of any year;
c
Class 1B contributions which the employer is liable to pay to the Collector in respect of any year;
d
a combination of those classes of contributions as specified in sub-paragraphs (a), (b) and (c) of this paragraph; or
e
any of the contributions as specified in sub-paragraph (a), (b), (c) or (d) of this paragraph in addition to any tax which the employer is liable to pay to the Collector for any income tax period,
without specifying the respective amounts of those contributions and of tax, or distinguishing the amounts which the employer is liable to pay in respect of each employee and without specifying the employees in question.
3
For the purposes of —
a
proceedings under section 66 of the Taxes Management Act 1970 (including proceedings under that section as applied by the provisions of this Regulation);
b
summary proceedings (including in Scotland proceedings in the sheriff court or in the sheriff’s small debt court),
the total amount of contributions, in addition to any tax which the employer is liable to pay to the Collector for any income tax period, referred to in paragraph (2) of this Regulation shall, subject to the provisions of the proviso to paragraph (1) of this Regulation, be one cause of action or one matter of complaint.
4
Nothing in paragraph (2) or (3) of this Regulation shall prevent the bringing of separate proceedings for the recovery of each of the several amounts of —
a
earnings-related contributions which the employer is liable to pay for any income tax period in respect of each of his several employees;
b
Class 1A contributions which the employer is liable to pay in respect of any year in respect of each of his several employees;
c
Class 1B contributions which the employer is liable to pay in respect of any year in respect of each of his several employees; or
d
tax which the employer is liable to pay for any income tax period in respect of each of his several employees.
.
6
In Regulation 28A (interest on overdue earnings-related contributions or Class 1A contributions) —
a
in the heading for “or Class 1A contributions”, substitute “, Class 1A contributions or Class 1B contributions”;
b
for paragraph (1), substitute —
1
Subject to Regulation 28D , where, in relation to the year ended 5th April 1993 or any subsequent year, an employer has not —
a
within 14 days of the end of the year paid an earnings-related contribution which he is liable to pay in respect of that year or a Class 1A contribution which he is liable to pay in that year;
b
by 19th October next following the year in respect of which it was due paid a Class 1B contribution,
any contribution not so paid shall carry interest at the rate applicable under paragraph 6(3) of Schedule 1 to the Social Security Contributions and Benefits Act 1992 from the reckonable date until payment.
;
c
in paragraph (2) for “or a Class 1A contribution,” substitute, “, a Class 1A contribution or a Class 1B contribution,”;
d
for paragraph (3), substitute —
3
For the purposes of this Regulation —
a
“employer” means, in relation to a Class 1B contribution, the person liable to pay such a contribution in accordance with section 10A of the Social Security Contributions and Benefits Act 1992;
b
“the reckonable date” means, in relation to —
i
an earnings-related contribution, the 14th day after the end of the year in respect of which it was due;
ii
a Class 1A contribution, the 14th day after the end of the year in which it was due to be paid;
iii
a Class 1B contribution, the 19th October next following the year in respect of which it was due.
.
7
For Regulation 28B (payment of interest on repaid earnings-related contributions or Class 1A contributions) , substitute —
Payment of interest on repaid earnings-related contributions, Class 1A contributions or Class 1B contributions
28B
1
Where an earnings-related contribution or a Class 1A contribution paid by an employer in respect of the year ended 5th April 1993 or any subsequent year not later than the year ended 5th April 1999 is repaid to him and that repayment is made after the relevant date, any such repaid contribution shall carry interest at the rate applicable under paragraph 6(3) of Schedule 1 to the Social Security Contributions and Benefits Act 1992 from the relevant date until the order for the repayment is issued.
2
For the purposes of paragraph (1) of this Regulation “the relevant date” is —
a
in the case of an earnings-related contribution or a Class 1A contribution overpaid more than 12 months after the end of the year in respect of which the payment was made, the last day of the year in which it was paid;
b
in any other case, the last day of the year after the year in respect of which the contribution in question was paid.
3
Where an earnings-related contribution, a Class 1A contribution or a Class 1B contribution paid by an employer in respect of the year ended 5th April 2000 or any subsequent year is repaid to him and that repayment is made after the relevant date, any such repaid contribution shall carry interest at the rate applicable under paragraph 6(3) of Schedule 1 to the Social Security Contributions and Benefits Act 1992 from the relevant date until the order for the repayment is issued.
4
For the purposes of paragraph (3) of this Regulation “the relevant date” is —
a
in the case of —
i
an earnings-related contribution, the 14th day after the end of the year in respect of which that contribution was paid,
ii
a Class 1A contribution, the 14th day after the end of the year in which that contribution was due to be paid, or
iii
a Class 1B contribution, the 19th October next following the year in respect of which that contribution was paid, or;
b
the date on which the earnings-related contribution, Class 1A contribution or Class 1B contribution was paid if that date is later than the date referred to in sub-paragraph (a) of this paragraph.
.
8
For Regulation 28C (repayment of interest) , substitute —
Repayment of interest
28C
Where a secondary contributor or a person liable to pay a Class 1A contribution or a Class 1B contribution has paid interest on an earnings-related contribution, a Class 1A contribution or a Class 1B contribution, that interest shall be repaid to him where —
a
the interest paid is found not to have been due to be paid, although the contribution in respect of which it was paid was due to be paid;
b
the earnings-related contribution, Class 1A contribution or Class 1B contribution in respect of which interest was paid is returned or repaid to him in accordance with the provisions of regulation 32 or 33A of the Main Regulations.
.
9
In Regulation 28D (remission of interest) —
a
in paragraph (2)(a) for “or a Class 1A contribution”, substitute “, a Class 1A contribution or a Class 1B contribution”;
b
after paragraph (2)(b), add —
c
an appeal against a determination as to the amount of income tax in respect of which the person liable to pay a Class 1B contribution is accountable in accordance with a PAYE settlement agreement has been brought but not finally determined.
;
c
after paragraph (3)(c)(ii), add —
iii
paragraph (2)(c) of this Regulation, “the first relevant date” means the date on which the appeal against the determination as to the amount of income tax payable to the Collector is submitted to the Board of Inland Revenue and “the second relevant date” means the date 14 days after that appeal is finally disposed of.
.
10
In Regulation 30(6) (which provides for the preparation of a certificate of unpaid contributions by the Collector at the end of the year) , omit “paragraphs (1) and (2) of”.
11
In Regulation 32 (inspection of employer’s records) —
a
in paragraphs (1)(aa) and (2)(aa) after “Class 1A contributions” in each place where they appear, insert “or Class 1B contributions”;
b
in paragraph (2)(b) for “or Class 1A contributions, or both”, substitute “, Class 1A contributions or Class 1B contributions, or a combination”;
c
in paragraph (4), omit “paragraphs (1) and (2) of”;
d
in paragraph (5) after “Class 1A contribution”, insert “or Class 1B contribution”;
e
after paragraph (5), add —
6
For the purposes of this Regulation “employer” means, in relation to a Class 1B contribution, the person liable to pay such a contribution in accordance with section 10A of the Social Security Contributions and Benefits Act 1992.
.
Amendment of the Statutory Maternity Pay (General) Regulations 1986
12
For regulation 20(2) of the Statutory Maternity Pay (General) Regulations 1986 (meaning of “earnings”) , substitute —
2
For the purposes of section 171(4) of the Contributions and Benefits Act, the expression “earnings” refers to gross earnings and includes any remuneration or profit derived from a woman’s employment except any payment or amount which is —
a
excluded from the computation of a person’s earnings under regulation 19 or 19B of the Social Security (Contributions) Regulations 1979 (payments to be disregarded and payments to directors to be disregarded respectively);
b
a chargeable emolument under section 10A of the Social Security Contributions and Benefits Act 1992, except where, in consequence of such a chargeable emolument being excluded from earnings, a woman would not be entitled to statutory maternity pay.
.
Amendment of the Statutory Sick Pay (General) Regulations 1982
13
For regulation 17(2) of the Statutory Sick Pay (General) Regulations 1982 (meaning of “earnings”) , substitute —
2
For the purposes of section 163(2) of the Contributions and Benefits Act, the expression “earnings” refers to gross earnings and includes any remuneration or profit derived from a person’s employment except any payment or amount which is —
a
excluded from the computation of a person’s earnings under regulation 19 or 19B of the Social Security (Contributions) Regulations 1979;
b
a chargeable emolument under section 10A of the Social Security Contributions and Benefits Act 1992, except where, in consequence of such a chargeable emolument being excluded from earnings, a person would not be entitled to statutory sick pay.
.
Signed by authority of the Secretary of State for Social Security.
Stephen C. Timms
Minister of State,
Department of Social Security
5th March 1999
The Commissioners of Inland Revenue hereby concur.
S. C. T. Matheson
Tim Flesher
Two of the Commissioners of Inland Revenue
5th March 1999


type: legislation

jurisdiction: UK

text:
1
This Instrument may be cited as “the Council of the City of York (Millennium Bridge) Scheme 1998 Confirmation Instrument 1999” and shall come into force on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
2
The Council of the City of York (Millennium Bridge) Scheme 1998 (“the Scheme”) is hereby confirmed without modifications.
3
The Scheme as confirmed is set out in the Schedule hereto (including the plans) and copies of the Scheme with its accompanying plans are deposited at the offices of the Department of the Environment, Transport and the Regions, Great Minster House, 76 Marsham Street, London SW1P 4DR, and at the offices of the Council of the City of York, The Guildhall, St. Helen’s Square, York YO1 9QN.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
R. C. Dobbie
Regional DirectorGovernment Office for the North East
6th May 1999


text:
1
This Order may be cited as the Education (Listed Bodies) Order 1999 and shall come into force on 5th April 1999.
2
The bodies which are specified in the Schedule to this Order comprise all those bodies which appear to the Secretary of State to fall within section 216(3) of the Education Reform Act 1988.
3
The Education (Listed Bodies) Order 1997 and the Education (Listed Bodies) (Amendment) Order 1998 are hereby revoked.
Tessa Blackstone
Minister of State,
Department for Education and Employment
24th March 1999


text:
Citation, commencement and interpretation
1
These Regulations may be cited as the General Teaching Council for England (Constitution) Regulations 1999 and shall come into force on the fourteenth day after the day on which they were made.
2
1
In these Regulations–
“the 1988 Act ” means the Education Reform Act 1988 ;
“the 1996 Act ” means the Education Act 1996 ;
“the 1998 Act ” means the Teaching and Higher Education Act 1998;
“ the Council ” means the General Teaching Council for England;
“junior pupil” means a child who has not attained the age of 12;
“members” means members of the General Teaching Council for England;
“primary school” has the meaning assigned to it by section 5(1) of the 1996 Act, save that it does not include a special school;
“secondary school” has the meaning assigned to it by section 5(2) of the 1996 Act, save that it does not include a special school;
“senior pupil” means a person who has attained the age of 12;
“special educational needs” has the meaning assigned to it by section 312(1) of the 1996 Act; and
“special school” has the meaning assigned to it by section 337 of the 1996 Act .
2
In these Regulations “teacher” means–
a
on and after the date of establishment of a register of teachers under section 3 of the 1998 Act, a registered teacher; and
b
before that date a qualified teacher within the meaning of section 218(2) of the 1988 Act .
3
In these Regulations a reference to a regulation is a reference to a regulation contained herein and a reference in a regulation to a paragraph is a reference to a paragraph of that regulation.
Membership
3
The Council shall consist of 63 members comprising elected members elected in accordance with regulations 4 and 6 and appointed members appointed in accordance with regulations 7 to 9.
Elected members
4
The elected members shall comprise–
a
eleven teachers of senior pupils;
b
eleven teachers of junior pupils;
c
one head teacher of a secondary school;
d
one head teacher of a primary school; and
e
one teacher at a special school.
Eligibility for election, appointment and to vote in elections
5
1
No person shall be eligible for election under regulation 4 or for appointment under regulation 7 or to fill a vacancy among members elected under regulation 4 or appointed under regulation 7 unless–
a
he is employed or engaged to provide his services as a teacher at the date of his election or appointment to the Council or he has been so employed or engaged within one year preceding that date; and
b
he has been employed or engaged to provide his services as a teacher for an aggregate period of two years or more in the five years preceding his election or appointment to the Council.
2
No person shall be eligible for election under regulation 4, for appointment under regulation 7, 8, 9 or 11, or to vote in an election for elected members under a scheme made under regulation 6 at any time when–
a
his employment as a teacher is prohibited or restricted under regulations made under section 218(6) of the 1988 Act ;
b
he is subject to a disciplinary order under Schedule 2 to the 1998 Act by virtue of which he is not eligible for registration as a registered teacher;
c
he is disqualified from being employed as a teacher in any school by virtue of an order made–
i
by an Independent Schools Tribunal under section 470 of the 1996 Act, or
ii
by the Secretary of State under section 471 of the 1996 Act; or
d
he is ineligible for registration as a teacher, or disqualified from being a teacher in any school, by virtue of any provisions of the law of Scotland or of Northern Ireland.
Scheme for elections
6
1
The election of elected members before the establishment of the Council shall be conducted in accordance with an electoral scheme made by the Secretary of State.
2
Subject to paragraph (1) the election of elected members shall be conducted in accordance with an electoral scheme set out in rules made by the Council with the approval of the Secretary of State.
3
An electoral scheme under paragraph (1) may be amended or revoked by a subsequent scheme of the Secretary of State and an electoral scheme under paragraph (2) may be amended or revoked by a subsequent scheme of the Council with the approval of the Secretary of State.
4
An electoral scheme under paragraph (1) or (2) shall include provision for–
a
the appointment of a returning officer and other staff in connection with the holding of elections;
b
the making up of a roll of teacher electors in England showing the proposed category of elected member for which each is entitled to vote;
c
the determination of the category of elected member for which each elector is entitled to vote;
d
the giving of notice of holding of the elections;
e
the nomination of candidates; and
f
any other matter related to the holding of the elections.
5
Elections shall be held every four years.
Appointed members
7
Nine members shall be appointed as follows–
a
two members by the Association of Teachers and Lecturers;
b
two members by the National Association of Schoolmasters Union of Women Teachers;
c
two members by the National Union of Teachers;
d
one member by the National Association of Head Teachers;
e
one member by the Professional Association of Teachers; and
f
one member by the Secondary Heads Association.
8
16 members shall be appointed as follows–
a
three members by the Local Government Association;
b
one member by the Association of Chief Education Officers;
c
one member by the Association of Colleges;
d
one member by the Catholic Education Service;
e
one member by the Church of England Board of Education;
f
one member by the Commission for Racial Equality;
g
one member by the Committee of Vice-Chancellors and Principals of the Universities of the United Kingdom;
h
one member by the Confederation of British Industry;
i
one member by the Equal Opportunities Commission;
j
one member by the Independent Schools Council;
k
one member by the National Children’s Bureau;
l
one member by the National Governors' Council;
m
one member by the Standing Conference of Principals Ltd. ; and
n
one member by the Universities Council for the Education of Teachers.
9
1
13 members shall be appointed by the Secretary of State.
2
In making appointments under paragraph (1) the Secretary of State shall ensure that two or more of those members represent the interests of parents of pupils.
3
In making appointments under paragraph (1) the Secretary of State shall have regard to the desirability of the Council’s membership including persons who have experience in relation to teaching persons with special educational needs.
4
In making appointments under paragraph (1) the Secretary of State shall have regard to the desirability of the Council’s membership reflecting the interests of the general public.
Term of office
10
1
Subject to paragraph (2), the term of office of a member is four years.
2
The term of office of a member appointed by the Secretary of State under regulation 9 is two, three, four or five years as specified by the Secretary of State when making the appointment.
3
A member may resign at any time by giving notice in writing addressed to the chief officer of the Council.
4
A member may be removed from office by a majority vote of other members if without good cause–
a
he has been absent from three consecutive Council meetings; or
b
he has been absent from meetings for a period of six months or more starting with the date on which he last attended a Council meeting,
provided that he has been given the opportunity to be heard at the meeting at which the vote is taken.
5
A member shall cease to hold office if–
a
his employment as a teacher is prohibited or restricted under regulations made under section 218(6) of the 1988 Act;
b
a disciplinary order is made in respect of him under Schedule 2 to the 1998 Act by virtue of which he is not eligible for registration as a registered teacher;
c
he is disqualified from being employed as a teacher in any school by virtue of an order made–
i
by an Independent Schools Tribunal under section 470 of the 1996 Act, or
ii
by the Secretary of State under section 471 of the 1996 Act; or
d
he becomes ineligible for registration as a teacher, or he is disqualified from being a teacher in any school, by virtue of any provisions of the law of Scotland or of Northern Ireland.
6
After their establishment the Council may make rules prescribing further grounds on which a member may be removed from office and the procedure for removal, and rules made under this paragraph may be amended or revoked by subsequent rules.
Casual vacancies
11
1
Where a vacancy occurs among members otherwise than by the expiry of a member’s term of office–
a
if the vacancy is among the elected members, the vacancy shall be filled by the person receiving the next highest number of votes in the election of the member who has vacated office, and if no such person is available the Council shall fill the vacancy by co-opting a person of like electoral qualifications as the member who has vacated office; and
b
if the vacancy is among the appointed members, the body or person who appointed the member who has vacated office shall appoint another person to fill it.
2
A person appointed under paragraph (1)(a) or (b) to fill a vacancy holds office until the date on which the term of office of the member whose vacancy he fills would have expired.
3
For the purposes of paragraph (1)(a) a person appointed as a replacement for an elected member shall be treated as an elected member.
Chairman
12
1
The members of the Council shall elect a chairman from amongst their number.
2
The chairman
a
may resign as chairman by giving notice in writing addressed to the chief officer of the Council; and
b
may be removed as chairman by a two-thirds majority vote of the other members.
3
After the Council have been established, the Council may make further rules with respect to the election of the chairman and as to the period for which he holds office, and rules made under this paragraph may be amended or revoked by subsequent rules.
Charles Clarke
Parliamentary Under Secretary of State,
Department for Education and Employment
16th June 1999


text:
Title, commencement and interpretation
1
1
These Regulations may be cited as the Feeding Stuffs (Sampling and Analysis) Regulations 1999, and shall come into force on 6th July 1999.
2
In these Regulations “ the Act ” means the Agriculture Act 1970, and “the sampling Directive” means First Commission Directive 76/371/ EEC establishing the methods of sampling for the official control of feeding stuffs .
3
Any reference in these Regulations to a numbered regulation or Schedule shall be construed as a reference to the regulation or Schedule bearing that number in these Regulations.
Prescribed amount for the purposes of the definition of sampled portion
2
1
The prescribed amount of material for the purposes of the definition of sampled portion in section 6691) of the Act, so far as it relates to feeding stuffs, shall be determined in accordance with the provisions of this regulation.
2
In relation to a solid feeding stuff in packages the prescribed amount shall be the quantity of material present or 5 tonnes, whichever is the less.
3
In relation to a solid feeding stuff in bulk containers, the prescribed amount shall be–
a
the contents of the lowest number of containers which together hold not less than 5 tonnes; or
b
if all the containers together hold less than 5 tonnes, or if all the feeding stuff is in one container, the quantity of material present; or
c
if any container holds not less than 5 tonnes, the content of any such container.
4
In relation to a solid feeding stuff which is loose in heaps or bays, the prescribed amount shall be–
a
the contents of the lowest number of heaps or bays which together contain not less than 5 tonnes; or
b
if all the heaps or bays together contain less than 5 tonnes, or if all the feeding stuff is in one heap or bay, the quantity of material present; or
c
if any heap or bay contains not less than 5 tonnes, the content of any such heap or bay.
5
In relation to a liquid or semi-liquid feeding stuff in containers, the prescribed amount shall be–
a
the contents of the lowest number of containers which together hold not less than 5,000 litres; or
b
if all the containers together hold less than 5,000 litres, or if all the feeding stuff is in one container, the quantity of material present; or
c
if any container holds not less than 5,000 litres, the content of any such container.
Manner of taking, preparing, marking, sealing and fastening of samples
3
The manner in which samples of feeding stuffs are to be taken, prepared, marked, sealed and fastened shall be as prescribed in paragraphs 1 to 9 of Schedule 1 and paragraph 10 of that Schedule shall have effect for the purposes of the certificate referred to in regulation 7.
Methods of sending part of a sample
4
Any part of a sample of a feeding stuff required to be sent to any person in pursuance of subsection (1)(b) or (2) of section 77 of the Act shall be sent by registered post or by recorded delivery, or delivered or given by hand.
Qualifications of agricultural analysts and deputy agricultural analysts
5
The prescribed qualifications for an agricultural analyst or a deputy agricultural analyst for the purposes of section 67(5) of the Act, insofar as it relates to feeding stuffs, are that–
a
he shall be a Chartered Chemist or shall possess a Mastership in Chemical Analysis awarded by the Royal Society of Chemistry,
b
he shall be a Fellow or a Member of the Royal Society of Chemistry, and
c
his practical experience of the analysis and examination of feeding stuffs shall be attested by another agricultural analyst or deputy agricultural analyst appointed under section 67(3) of the Act.
Application of methods of analysis
6
1
Subject to paragraph (2) below, for the purpose of determining whether a substance of a class or description–
a
listed in column 1 of Annex I to Part II of Schedule 2, or
b
to which the method of analysis specified in Annex II , or the method specified in Annex III , to that Part relates–
is present or active in a sample of a feeding stuff to be analysed pursuant to the Act, or what quantity or proportion of such a substance is present or active as aforesaid, the provisions specified in Part I of that Schedule under the heading “GENERAL PROVISIONS” shall apply, and–
i
in relation to a substance of a class or description listed (whether by itself or by reference to its activity) in column 1 of Annex I to Part II of that Schedule, the relevant method of analysis set out in the European Community provision in force specified in the corresponding entry in columns 2 and 3 of that Annex shall be used, and
ii
in relation to a substance to which the method of analysis specified in Annex II, or the method specified in Annex III, to Part II of that Schedule relates, the method applicable to that substance shall be used
and, where more than one method is set out in columns 2 and 3 of Annex I to Part II of that Schedule in relation to the same substance, the notes to that Annex shall have effect to specify which is the relevant method.
2
After 31st October 1999, paragraph (1) above shall cease to apply to the following substances listed in column 1 of Annex I to Part II of Schedule 2–
a
menadione (vitamin K3);
b
theobromine;
c
vitamin A; and
d
volatile mustard oil,
and shall cease to apply to starch insofar as it falls to by analysed by the pancreatic method as mentioned in the notes to that Annex.
3
Where microscopic examination is carried out in order to–
a
determine whether any constituent of animal origin is present in a sample of a feeding stuff to by analysed pursuant to the Act; or
b
estimate the quantity of any such constituent present in any such sample,
then–
i
the general provisions specified in Part I of Schedule 2 shall apply, and
ii
the procedure set out in Commission Directive 98/88/ EC establishing guidelines for the microscopic identification and estimation of constituents of animal origin for the official control of feeding stuffs shall be used.
4
Where a sample of a feeding stuff is to be analysed pursuant to the Act and neither paragraph (1) above nor paragraph (3) above applies–
a
if there is an applicable standard of the kind referred to in the first indent of Article 18.3 of Council Directive 95/53/EC fixing the principles governing the organisation of official inspections in the field of animal nutrition (as amended), analysis shall be carried out in accordance with that standard.
b
if there is no such standard, it shall be 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.
Form of certificate of analysis
7
The certificate of analysis of any feeding stuff to be sent pursuant to section 7794) of the Act shall be in the form set out in Part I of Schedule 3, and shall be completed in accordance with the notes setout in Part II of that Schedule.
Period within which analysis of the oil content of a feeding stuff must be carried out
8
Where a sample of a feeding stuff has been taken by an inspector in the prescribed manner and sent to an agricultural analyst for analysis, any analysis of the oil content of that feeding stuff shall be disregarded unless it is carried out before the expiry of the period of three weeks commencing with the date of sampling.
Modification of the Agriculture Act 1970 as respects metrication
9
For the purposes of its application to feeding stuffs, the Act shall continue to be modified as follows–
a
in the definition of sampled portion in section 66(1), the words “five tonnes or 5,000 litres” shall be substituted for the words “five tons or 1,000 gallons or the prescribed metric substitution”;
b
in section 68(2)(b), the words “the sales in quantities of not more than 25 kilograms” shall be substituted for the words “to ales of small quantities (that is to day, sales in quantities of not more than fifty six pounds or the prescribed metre substitution)”; and
c
in section 76(5), the words “six kilograms” shall be substituted for the words “fourteen pounds or the prescribed metric substitution”.
Revocation
10
The Feeding Stuffs (Sampling and Analysis) Regulations 1982 , the Feeding Stuffs (Sampling and Analysis) (Amendment) Regulation 1984 , the Feeding Stuffs (Sampling and Analysis) (Amendment) Regulations 1985 and the Feeding Stuffs (Sampling and Analysis) (Amendment) Regulations 1994 are hereby revoked.
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
11th June 1999
Sewel
Parliamentary Under Secretary of State, Scottish Office
11th June 1999
Jon Owen Jones
Parliamentary Under Secretary of State, Welsh Office
11th June 1999


text:
Citation and commencement
1
This Order may be cited as the Central Nottinghamshire Healthcare National Health Service Trust (Establishment) Amendment Order 1999 and shall come into force on 10th March 1999.
Amendment of NHS trust Establishment Order
2
For article 3 of the Central Nottinghamshire Healthcare National Health Service Trust (Establishment) Order 1992 there shall be substituted the following:–
Nature and functions of the Trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions shall be:–
a
to own and manage pursuant to section 5(1)(a) of the Act Central Nottinghamshire Healthcare Trust Headquarters, Southwell Road, Mansfield, Nottinghamshire NG18 4HH and associated hospitals, establishments and facilities, and there to provide and manage hospital accommodation and services, and there and from there to provide and manage community health services; and
b
to provide and manage pursuant to section 5(1)(b) of the Act Newark Hospital, Bowbridge Road, Newark, Nottinghamshire NG24 4DE, and there to provide and manage hospital accommodation and services, and there and from there to provide and manage community health services.
.
Signed by authority of the Secretary of State for Health.
John Denham
Minister of State,
Department of Health
22nd February 1999


text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) Regulations 1999 and shall come into force —
a
for the purposes of regulation 4 and regulation 2 to the extent that it refers to that regulation, on 1st April 1999;
b
for the purposes of regulation 3 and regulation 2 to the extent that it refers to that regulation, on 6th April 1999;
c
for all other purposes, on 10th February 1999.
Amendment of Motor Vehicles (Driving Licences) Regulations 1996
2
The Motor Vehicles (Driving Licences) Regulations 1996 (“the Principal Regulations”) are amended in accordance with regulations 3 to 6 below.
3
In regulation 31(1)(b) for “£15” there shall be substituted “£15.50”.
4
For the table in Part 1 of Schedule 3 (Table of licence fees) there shall be substituted the table in Schedule 1 below.
5
Subject to regulation 7 below, for the table in Schedule 5 (Fees for tests) there shall be substituted the table in Schedule 2 below.
6
After regulation 69 there shall be inserted —
Examination by an officer of the Secretary of State
69A
1
There are prescribed for the purposes of section 94(5)(b)(ii) of the Traffic Act (examination of a licence applicant or holder by an officer of the Secretary of State) the following disabilities —
a
impairment of visual acuity or of the central or peripheral visual field;
b
a disability consisting of any one or more of the following —
i
the absence of one or more limbs,
ii
the deformity of one or more limbs,
iii
the loss of use of one or more limbs whether or not progressive in nature, and
iv
impairment of co-ordination of movement of the limbs or of co-ordination between a limb and the eye;
c
impairment of cognitive functions or behaviour.
2
In paragraph (1)(b), a reference to a limb includes a reference to part of a limb, and the reference to loss of use in relation to a limb includes a reference to impairment of limb movement, power or sensation.
.
Transitional provision
7
Regulation 5 shall not apply in the case of an application for an appointment for a practical or unitary test (as defined in the Principal Regulations) to be conducted on or before 3rd May 1999, in respect of which the provisions of the table in Schedule 5 to the Principal Regulations in force immediately before the making of these Regulations shall apply.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions.
Larry Whitty
Parliamentary Under Secretary,Department of the Environment, Transport and the Regions
11th January 1999
We approve the making of these Regulations
Bob Ainsworth
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
14th January 1999


text:
Citation and commencement
1
1
These Regulations may be cited as the Housing Renewal Grants (Prescribed Form and Particulars) (Amendment) (England) Regulations 1999 and shall come into force on 5th October 1999.
2
These Regulations extend to England only.
Amendments
2
The form set out in the Schedule to the Housing Renewal Grants (Prescribed Form and Particulars) Regulations 1996 is amended as set out in the Schedule to these Regulations.
Application
3
These Regulations shall not have effect in relation to applications for a grant made before the date on which these Regulations come into force.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Nick Raynsford
Minister of State,
Department of the Environment, Transport and the Regions
8th September 1999


text:
1
This Order may be cited as the Finance Act 1998, Section 37, (Appointed Day) Order 1999.
2
The day appointed for the purposes of section 37 of the Finance Act 1998 (abolition of periodic accounting of tax on interest on gilt-edged securities) is 1st April 1999.
David Jamieson
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
9th March 1999


text:
1
1
This Order may be cited as the A1 Trunk Road (Spitalgap Lane to Trinity Farm) Order 1999 and shall come into force on 26th August 1999.
2
In this Order all measurements of distance are measured along the route of the relevant highway.
2
The new highway which the Secretary of State proposes to construct along the route described in the Schedule to this Order shall become a trunk road from the date when this Order comes into force.
3
The centre line of the new trunk road is indicated by a heavy black line on the plan contained in the plan folio numbered HA10 YHCPD 71, marked “The A1 Trunk Road (Spitalgap Lane to Trinity Farm) Order 1999”, signed by authority of the Secretary of State for the Environment, Transport and the Regions and deposited at the Department of the Environment, Transport and the Regions, Great Minster House, 76 Marsham Street, London SW1P 4DR.
4
The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk road that —
a
where the highway is maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question, until in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the new trunk road is opened for traffic.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Derek Oddy
Divisional Director The Highways Agency
23rd July 1999


text:
Citation and commencement
1
This Order may be cited as the Wiltshire Health Care and the East Wiltshire Health Care National Health Service Trusts (Dissolution) Order 1999 and shall come into force on 1st October 1999.
Dissolution of NHS trusts
2
1
The Wiltshire Health Care National Health Service Trust established by the Wiltshire Health Care National Health Service Trust (Establishment) Order 1991 shall be dissolved on 1st October 1999, and accordingly that Order revoked on that date.
2
The East Wiltshire Health Care National Health Service Trust established by the East Wiltshire Health Care National Health Service Trust (Establishment) Order 1993 shall be dissolved on 1st October 1999, and accordingly that Order revoked on that date.
Signed by authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
21st June 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Swansea (1999) National Health Service Trust (Change of Name) Order 1999 and shall come into force on 17th May 1999.
2
In this Order–
“ the Order ” means the Swansea (1999) National Health Service Trust (Establishment) Order 1998 ;
“ 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 Swansea National Health Service Trust or Ymddiriedolaeth Gwasanaeth Iechyd Gwladol Abertawe instead of the Swansea (1999) National Health Service Trust or Ymddiriedolaeth Gwasanaeth Iechyd Gwladol Abertawe (1999), and accordingly in Article 1 of the Order in the definition of “the trust”, and in Article 2 of the Order, the expression “(1999)” shall be omitted.
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 Wales
Jon Owen Jones
Parliamentary Under Secretary of State, Welsh Office
21st April 1999


text:
Citation and commencement
1
These Regulations may be cited as the Jobseeker’s Allowance (Amendment) Regulations 1999 and shall come into force on 25th March 1999.
Entitlement to a jobseeker’s allowance ceasing on a failure to comply
2
For regulation 25(1)(b)(i) of the Jobseeker’s Allowance Regulations 1996 there shall be substituted the following–
i
the claimant attends on the day specified in a notice under regulation 23 but fails to attend at the time specified in that notice (other than a notice requiring attendance under an employment programme or a training scheme), and the Secretary of State has informed the claimant in writing that a failure to attend, on the next occasion on which he is required to attend, at the time specified in such a notice may result in his entitlement to a jobseeker’s allowance ceasing, and
.
Signed by authority of the Secretary of State for Education and Employment
Andrew Smith
Minister of State,
Department for Education and Employment
3rd March 1999


text:
Citation and commencement
1
These Regulations may be cited as the Yugoslavia (Prohibition of Flights) Regulations 1999 and shall come into force on 9th August 1999.
Revocation
2
The Yugoslavia (Prohibition of Flights) Regulations 1998 are hereby revoked.
Interpretation
3
In these Regulations “the Council Regulation” means Council Regulation ( EC ) No. 1064/1999 of 21 May 1999 imposing a ban on flights between the European Community and the Federal Republic of Yugoslavia, and repealing Regulation (EC) No. 1901/98 .
Prohibition on flights
3
Save where article 102 (Restriction with respect to carriage for valuable consideration in aircraft registered outside the United Kingdom) of the Air Navigation (No. 2) Order 1995 is contravened, any person operating an aircraft which takes off from or lands in the United Kingdom contrary to article 1 of the Council Regulation shall be guilty of an offence under these Regulations.
4
Any person who, knowingly and intentionally, participates in activities the object or effect of which is, directly or indirectly, to circumvent the provisions of articles 1 and 2 of the Council Regulation contrary to article 5 of the Council Regulation shall be guilty of an offence under these Regulations.
5
1
Any person guilty of an offence under these Regulations shall be liable–
a
on summary conviction, to a fine not exceeding the statutory maximum;
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.
2
Where an offence under these Regulations has been committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and liable to be proceeded against and punished accordingly.
3
Where the affairs of a body corporate are managed by its members, paragraph (2) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
4
Where a Scottish partnership is guilty of an offence under these Regulations and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
5
Proceedings against any person for an offence under these Regulations may be taken before the appropriate court in the United Kingdom having jurisdiction in the place where that person is for the time being.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Glenda Jackson
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
15th July 1999


text:
1
This Order may be cited as the Public Telecommunication System Designation (Alpha Telecom Limited) Order 1999 and shall come into force on 13th July 1999.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Michael Wills
Parliamentary Under Secretary of State for Small Firms, Trade and Industry,
Department of Trade and Industry
9th June 1999


text:
Citation and commencement
1
1
These Regulations may be cited as the Local Government Pension Scheme (Management and Investment of Funds) (Amendment) Regulations 1999.
2
These Regulations shall come into force on 4th January 2000.
Amendment of Regulations
2
The Local Government Pension Scheme (Management and Investment of Funds) Regulations 1998 are amended in accordance with regulations 3 to 6 of these Regulations.
General definitions
3
In regulation 2, after the definition of “securities” insert —
“statement of investment principles” means the statement referred to in regulation 9A(1) or any revision of it, as appropriate.
.
Terms of appointment of investment managers
4
In regulation 7 —
a
in paragraph (5), delete “and” at the end of sub-paragraph (b) and at the end of sub-paragraph (c) add —
, and
d
the administering authority’s statement of investment principles
; and
b
in paragraph (7), after “which would contravene” insert “the administering authority’s statement of investment principles,”.
Statement of investment principles
5
After regulation 9, insert the following regulation —
Statement of investment principles
9A
1
An administering authority must, after consultation with such persons as they consider appropriate, prepare, maintain and publish a written statement of the principles governing their decisions about investments.
2
The statement must cover their policy on —
a
the types of investments to be held,
b
the balance between different types of investments,
c
risk,
d
the expected return on investments,
e
the realisation of investments,
f
the extent (if at all) to which social, environmental or ethical considerations are taken into account in the selection, retention and realisation of investments, and
g
the exercise of the rights (including voting rights) attaching to investments, if they have any such policy.
3
The first such statement must be published on or before 3rd July 2000.
4
The written statement must be revised by the administering authority in accordance with any material change in their policy on the matters referred to in paragraph (2) and published.
.
Schedule 1
6
1
In Part I of Schedule 1 —
a
for paragraph 9 substitute the following —
9
All investments in units or other shares of the investments subject to the trusts of unit trust schemes managed by any one body (but see paragraph 14).
9A
All investments in open-ended investment companies where the collective investment schemes constituted by the companies are managed by any one body.
9B
All investments in units or other shares of the investments subject to the trusts of unit trust schemes and all investments in open-ended investment companies where the unit trust schemes and the collective investment schemes constituted by those companies are managed by any one body (but see paragraph 14).
; and
b
in paragraph 14, for “and 9” substitute “, 9 and 9B”.
2
In Part III of Schedule 1 for the definition of “open-ended investment company” substitute the following —
“open-ended investment company” means an open-ended investment company as defined in section 75(8) of the Financial Services Act 1986 which is an undertaking for collective investment schemes to which the Council Directive No. 85/611/ EEC co-ordinating the laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities , as amended, applies
.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State
Department of the Environment, Transport and the Regions
7th December 1999


text:
Commencement and citation
1
This Order may be cited as The A3220 Trunk Road (Kensington & Chelsea and Hammersmith & Fulham) Red Route Traffic Order 1999, and shall come into force on 13th May 1999.
Interpretation
2
In this Order —
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route” means the lengths of road specified in column (2) of the table in schedule 1;
f
“vehicle” includes part of a vehicle;
g
an entry in column (3) , (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule;
h
“bus” has the meaning given by regulation 22(2) of the Traffic Signs Regulations and General Directions 1994 ;
i
“bus stop” means an area bounded by a traffic sign shown in diagram 1025.1 or 1025.3 in schedule 6 of the Traffic Signs Regulations and General Directions 1994 which includes the words “bus stop”; and
j
“bus stand” means an area bounded by a traffic sign shown in diagram 1025.1 or 1025.3 in schedule 6 of the Traffic Signs Regulations and General Directions 1994 which includes the words “bus stand”.
k
“London Regional Transport” has the meaning given by the London Regional Transport Act 1984 .
l
“pedal cycle” has the same meaning as in regulation 4 of the Traffic Signs Regulations and General Directions 1994.
General prohibition of stopping
3
1
Subject to the provisions in paragraphs (2) and (3) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop in the trunk road red route during the restricted hours.
2
Subject to the provisions of paragraph (3) of this article, and of articles 5(1), 8 and 9, no person shall cause any vehicle to stop at any time in any lengths of the trunk road red route specified in schedule 4.
3
The controls specified in paragraphs (1) and (2) of this article do not apply in respect of any area of the trunk road red route specified in schedule 2A.
4
In this article “the restricted hours” means, in relation to a length of the trunk road red route specified in an item in column (2) of the table in schedule 1, the hours specified in that item in column (3) of that table.
Exemptions for parking
4
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
Miscellaneous exemptions for parking
5
1
Licensed taxi cabs: The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used under a licence under section 6 of the Metropolitan Public Carriageway Act 1869 to be parked at the edge of the carriageway on a length of road specified in schedule 2D.
2
Buses: The controls specified in article 3(1) do not apply in respect of a person causing a bus to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2E during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
3
Doctor’s vehicles: The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2F during the hours specified in column (3) in that item, provided that —
a
there is displayed in the windscreen of a vehicle a badge issued by, or with the authority of, the Traffic Director for London to a medical practitioner, and which specifies —
i
the name of the person to whom it was issued, and
ii
the premises in relation to which it applies; and
b
the vehicle was parked by, or with the permission of, the person whose name is specified on the badge and for so long only as the person who parked the vehicle is engaged to work at the premises specified on the badge.
4
Solo motor bicycles: The controls specified in article 3(1) do not apply in respect of a person causing a motor bicycle without a side-car to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2G during the hours specified in column (3) in that item.
Exemptions for loading and unloading
6
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which is being loaded or unloaded to stop at the edge of the carriageway on a length of road specified in an item in column (2) of the tables in schedule 3A and 3B during the hours specified in column (3) in that item for as long as is needed to load or unload the vehicle or 20 minutes, whichever is the less, provided that not less that 20 minutes has elapsed since the vehicle was last parked on any part of the same length of road.
Exemptions for disabled persons
7
1
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item.
2
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2C during the hours specified in column (3) in that item.
3
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position, and a parking disc on which is shown the time at which the period of parking began, to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item, for a period of up to 3 hours not being a period separated by an interval of less than 1 hour from a previous period when that vehicle was parked in that length of road.
Exemptions at bus stops and stands
8
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing:
a
a bus to stop at a bus stop for as long as may be required to enable passengers to board or alight; or
b
a bus to stop at a bus stop or a bus stand and being used for operational reasons in the course of providing a London bus service (as defined in section 34 of the Transport Act 1985 ) under an agreement with London Regional Transport or training drivers to allow such a service to be provided.
2
In this article “operational reasons” means:
i
to enable passengers to board and alight;
ii
to enable crew changes to take place;
iii
to maintain the scheduled timetable subject, in the case of a bus stop, to a maximum wait of two minutes.
Other exemptions
9
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to stop if that person is —
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) and (2) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) and (2) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
4
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a pedal cycle to be parked at a facility specially provided for the purpose of pedal cycle parking by, or with the consent of, the highway authority.
Revocation or variation of existing Orders
10
1
Subject to paragraph (2) of this article, the Kensington & Chelsea (Waiting and Loading Restrictions) (Special Parking Area) Order 1994 and the Kensington & Chelsea (Waiting and Loading Restrictions) (Special Parking Area) (Amendment No. 14) Order 1996 and the Hammersmith & Fulham (Waiting and Loading Restrictions) (Special Parking Area) Order 1993 are hereby revoked, in so far as their provisions relate to any part of the trunk road red route.
2
The revocation specified in paragraph (1) of this article shall take effect in respect of any provision contained in the Kensington & Chelsea (Waiting and Loading Restrictions) (Special Parking Area) Order 1994 and the Kensington & Chelsea (Waiting and Loading Restrictions) (Special Parking Area) (Amendment No. 14) Order 1996 and the Hammersmith & Fulham (Waiting and Loading Restrictions) (Special Parking Area) Order 1993 only from the time at which the traffic sign indicating the effect of that provision has been obliterated.
Signed in accordance with a direction from the Secretary of State
Derek Turner
Traffic Director for London
29th April 1999


text:
Citation and commencement
1
These Regulations may be cited as the Housing (Preservation of Right to Buy) (Amendment) Regulations 1999 and shall come into force on 20th May 1999.
Amendment
2
The Housing (Preservation of Right to Buy) Regulations 1993 in so far as they apply to dwelling-houses in England are amended by substituting, for Schedule 5A as set out in Part II of Schedule 1 (Modifications to Part V of the Housing Act 1985) and as set out in Schedule 2 (Part V as it applies in cases where the right to buy is preserved), the Schedule contained in the Schedule to these Regulations.
Application
3
These Regulations shall not apply in a case where a notice under section 122(1) of the Housing Act 1985 as it applies where the right to buy is preserved (tenant’s notice claiming to exercise the right) was served before 20th May 1999.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
22nd April 1999


text:
1
This Order may be cited as the Insurance Companies (Loan Relationships) (Election for Accruals Basis) Order 1999 and shall come into force on 2nd July 1999.
2
In paragraph 5(6) of Schedule 11 to the Finance Act 1996 (election for accruals basis for long term business assets) for “31st March 1999” there shall be substituted “31st March 2000”.
Jim Dowd
David Jamieson
Two of the Lords Commissioners of Her Majesty’s Treasury
11th June 1999


text:
Citation and commencement
1
This Order may be cited as the Community Learning Partnership Barrow-in-Furness Education Action Zone Order 1999 and shall come into force on 10th January 2000.
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 Community Learning Partnership Barrow-in-Furness 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 Community Learning Partnership Barrow-in-Furness Action 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 chooses not to make such an appointment;
b
either one or two persons appointed by the Secretary of State;
c
one person appointed by each partner, unless any partner chooses not to make such an appointment;
d
up to two persons appointed by Cumbria County Council; and
e
one person representing the interest of Newbridge House Pupil Referral Unit (Ewan Close, Barrow-in-Furness, LA13 4ED) appointed by the other members of the Forum.
5
The Forum may at any time appoint up to three additional members from —
a
persons representing the interests of business in the area served by the zone schools;
b
parents of registered pupils attending zone schools; and
c
persons representing the interests of educational institutions 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 for 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 of Education and Employment
15th December 1999


text:
Citation and commencement
1
This order may be cited as the Offshore Installations (Safety Zones) Order 1999 and shall come into force on 31st March 1999.
Establishment of safety zones
2
A safety zone is hereby established around each installation specified in column 1 of the Schedule hereto (being an installation stationed in waters to which subsection (7) of section 21 of the Act applies) having a radius of five hundred metres from the point as respects that installation which has the co-ordinates of latitude and longitude according to European Datum (1950) specified in columns 2 and 3 of the Schedule.
Removal of safety zones
3
1
In Schedule 1 to the Offshore Installations (Safety Zones) Order 1997 the entry relating to Staffa Field Subsea Wells is deleted.
2
In the Schedule to the Offshore Installations (Safety Zones) ( No. 2) Order 1998 the entry relating to Rubie Field is deleted.
Signed by authority of the Secretary of State
Alan Meale
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
1st March 1999


text:
Commencement and citation
1
This Order may be cited as The A205 Trunk Road (Lewisham) Red Route (Prescribed Route) Traffic Order 1999, and shall come into force on 30th June 1999.
Interpretation
2
In this Order–
a
a reference to an article followed by a number is a reference to the article of this Order so numbered;
b
cause includes permit;
c
“Stanstead Road (south arm)” means that length of the A205 Trunk Road between Catford Hill and Stanstead Road (north arm) in the London Borough of Lewisham known as Stanstead Road;
d
“Stanstead Road (north arm)” means that length of the A205 Trunk Road fronting St. Dunstan’s College in the London Borough of Lewisham known as Stanstead Road;
e
“Glenwood Road” means that road so named in the London Borough of Lewisham.
Prescribed Routes
3
Subject to the provisions of article 4, no person shall cause any vehicle to travel in Stanstead Road (south arm) from its junction with Glenwood Road to its junction with Stanstead Road (north arm) in any direction except north-westwards.
Exemptions
4
The controls specified in article 3 do not apply in respect of anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Revocation of existing Orders
5
The A205 Trunk Road (Lewisham) Red Route (Prescribed Route) Experimental Traffic Order 1998 is hereby revoked.
Signed in accordance with a direction from the Secretary of State
Derek Turner
Traffic Director for London
11th June 1999


text:
Citation and commencement
1
This Order may be cited as the Gloucester Education Achievement Zone Order 1999 and shall come into force on 10th January 2000.
Interpretation
2
In this Order–
“zone school” means a school listed in Schedule 1 to this Order.
Constitution of education action zone
3
The schools listed in Schedule 1 to this Order shall constitute collectively an education action zone under the name of “Learning Communities, Learning Schools — an Education Achievement Zone in Gloucester” (“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 Gloucester Education Action 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
one person appointed by the Management Committee of the Pupil Referral Unit, Hatherley Centre, 3 Horton Centre, Gloucester, GL1 3PX (DfEE No. 916 1101), unless the Management Committee choose not to make such an appointment;
c
either one or two persons appointed by the Secretary of State;
d
one headteacher of a zone school which is a secondary school, appointed by the headteachers of such schools;
e
one headteacher of a zone school which is an infant school, appointed by the headteachers of such schools;
f
one headteacher of a zone school which is a junior school, appointed by the headteachers of such schools;
g
two headteachers of zone schools which are combined junior and infant schools, appointed by the headteachers of such schools;
h
one parent governor of a zone school which is a secondary school, elected by parent governors of such schools;
i
one parent governor of a zone school which is a primary school, elected by parent governors of such schools;
j
one person appointed by the Council for Voluntary Services (Company No. 3501904) to represent the interests of the voluntary sector;
k
two persons from the Gloucester Education Action Zone Teachers Reference Group to represent the interests of classroom teachers working in zone schools, appointed by the other members of the Forum;
l
one person from a non-teaching union to represent non-teachers working in zone schools, appointed by the other members of the Forum;
m
one person jointly appointed by Cheltenham and Gloucester College of Higher Education and Gloucester College of Arts and Technology to represent the interests of the further and higher education sector;
n
one person representing the interests of the Gloucester Locality Planning Team, appointed by the other members of the Forum;
o
three persons representing the interests of business, as appointed by an association of business in the local community known as the Business Reference Group;
p
two persons appointed by Gloucestershire County Council in their capacity as a local education authority;
q
one person appointed by Gloucester City Council;
r
one person appointed by each of the organisations listed in Schedule 2;
s
the Chairman of Learning City Gloucester (North Warehouse, The Docks, Gloucester GL1 2EP);
t
the Director of Education for Gloucestershire County Council;
u
the Director of the Gloucester Education Achievement Zone; and
v
up to three persons who are considered by the Forum to have areas of expertise or experience not otherwise represented on the Forum.
Disqualification for membership of the Forum
5
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.
6
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
7
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
8
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 for continuing to be a member of the Forum without prejudice however, to his re-appointment.
Chairman’s tenure of office
9
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
15th December 1999