type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Road Traffic Regulation Act 1984 (Amendment) Order 1999 and shall come into force on the tenth day after the day on which it is made.
Modification of Schedule 9
2
The Secretary of State hereby removes from the orders for which his consent would otherwise be required by paragraph 13 or 14 of Schedule 9 to the Road Traffic Regulation Act 1984 any order made under section 84(1) of that Act which contains a provision applying to any road a speed limit of 20 miles per hour.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Larry Whitty
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
25th May 1999
Gus MacDonald
Parliamentary Under Secretary of State, Scottish Office
St. Andrew’s House,
Edinburgh
1st June 1999
Signed by authority of the Secretary of State for Wales
Peter Hain
Parliamentary Under Secretary of State, Welsh Office
6th June 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Borough of Swindon (Electoral Changes) Order 1999.
2
This Order shall come into force —
a
for the purpose of all proceedings preliminary or relating to any election to be held on 4th May 2000, on 22nd October 1999;
b
for all other purposes, on 4th May 2000.
3
In this Order —
“the borough” means the borough of Swindon;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
any reference to the map is a reference to the map prepared by the Department of the Environment, Transport and the Regions marked “Map of the Borough of Swindon (Electoral Changes) Order 1999”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 ; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Wards of Swindon
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into 22 wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes or, where no area is so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, waterway or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of Swindon
3
1
Subject to the following provisions of this article, the election of councillors for wards of the borough shall be by thirds.
2
Elections of all councillors for all wards of the borough shall be held simultaneously on the ordinary day of election of councillors in 2000 .
3
The councillors holding office for any ward in the borough immediately before 8th May 2000 shall retire on that date and the newly elected councillors for those wards shall come into office on that date.
4
The order of retirement of councillors shall be as set out in Schedule 2.
5
Where the number of councillors elected in 2000 for any ward of the borough is two or more —
a
the first to retire shall, subject to paragraphs (6) and (7), be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
6
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
7
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
8
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
9
Except as otherwise provided in the foregoing paragraphs of this article, the term of office of councillors shall be four years and all councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly elected councillors shall come into office on the day on which their predecessors retire.
Wards of the parish of Blunsdon St Andrew
4
The parish of Blunsdon St Andrew shall be divided into four parish wards which shall bear the names set out in column (1) of Schedule 3; each parish ward shall comprise the area of the borough ward specified in respect of the parish ward in column (2) of that Schedule, and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Chiseldon
5
The parish of Chiseldon shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 4; each parish ward shall comprise the area of the borough ward specified in respect of the parish ward in column (2) of that Schedule, and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Haydon Wick
6
The parish of Haydon Wick shall be divided into three parish wards which shall bear the names set out in column (1) of Schedule 5; each parish ward shall comprise the area of the borough ward specified in respect of the parish ward in column (2) of that Schedule, and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Stratton St Margaret
7
1
The existing wards of the parish of Stratton St Margaret shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names Coleview, Lower Coleview and Nythe, St Margaret and St Philip; and the wards shall comprise the areas designated on sheet 4 by reference to the names of the wards and demarcated by orange lines.
3
The number of councillors to be elected for the St Philip parish ward shall be eight, for the St Margaret parish ward shall be seven and for each of the Coleview and Lower Coleview and Nythe parish wards shall be four.
Parish Elections
8
1
Elections of parish councillors for the parishes of Bishopstone, Covingham, Liddington and Wanborough shall be held simultaneously on the ordinary day of election of councillors in 2000 and every fourth year after 2000.
2
Elections of parish councillors for the parishes of Blunsdon St. Andrew, Castle Eaton, Hannington and Stanton Fitzwarren shall be held simultaneously on the ordinary day of election of councillors in 2002 and every fourth year after 2002.
3
Elections of parish councillors for the parishes of Chiseldon, Haydon Wick, Highworth, Stratton St Margaret and Wroughton shall be held simultaneously on the ordinary day of election of councillors in 2003 and every fourth year after 2003.
4
An election of parish councillors for the parish of South Marston shall be held on the ordinary day of election of councillors in 2000; the term of office of the councillors elected on that day shall be two years; and elections of parish councillors for that parish shall be held on the ordinary day of election of councillors in 2002 and every fourth year after 2002.
5
Except as otherwise provided in the foregoing paragraphs of this article, the term of office of parish councillors shall be four years and all parish councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly elected parish councillors shall come into office on the day on which their predecessors retire.
Revocation
9
The Borough of Thamesdown (Electoral Arrangements) Order 1975 , the Borough of Thamesdown (Electoral Arrangements) Order 1986 and Part III of the Wiltshire (Borough of Thamesdown) (Structural Change) Order 1995 are hereby revoked.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Beverley Hughes
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
22nd October 1999


text:
PART I
INTERPRETATION AND GENERAL
Citation and commencement
1
1
These Regulations may be cited as the Quarries Regulations 1999 and subject to paragraphs (2) and (3) shall come into force on 1st January 2000.
2
Regulation 32, with the exception of paragraph (4), shall come into force on 1st January 2001 with respect to any tip which was not a classified tip for the purposes of regulation 2(1) of the 1971 Regulations .
3
Regulation 32(4) shall come into force on 1st January 2002 with respect to any notifiable tip which was not a classified tip for the purposes of regulation 2(1) of the 1971 Regulations.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“the 1954 Act ” means the Mines and Quarries Act 1954 ;
“the 1969 Act ” means the Mines and Quarries (Tips) Act 1969 ;
“the 1971 Regulations” means the Mines and Quarries (Tips) Regulations 1971 ;
“the 1992 Regulations ” means the Management of Health and Safety at Work Regulations 1992 ;
“appoint” in relation to a person means appoint in writing with a written statement summarising his duties and authority, and “appointed” shall be construed accordingly;
“competent” in relation to a person means a person with sufficient training, experience, knowledge and other qualities to enable him properly to undertake the duties assigned to him, and “competence” shall be construed accordingly;
“detonator” means an initiator for explosives that contains a charge of high explosive fired by means of a flame, spark, electric current or shock tube;
“excavation” means any place at the quarry where minerals are or have been extracted and includes the ground, faces or sides of the quarry and any other incline;
“excavations and tips rules” means the rules referred to at regulation 31;
“ the Executive ” means the Health and Safety Executive;
“exploder” means a device designed for firing detonators;
“explosives” means explosive articles or explosive substances both as defined in the Classification and Labelling of Explosives Regulations 1983 ;
“explosives store” means —
premises registered in accordance with section 21 of the Explosives Act 1875 (“the 1875 Act”);
a magazine licensed in accordance with sections 6 to 8 of the 1875 Act; or
a store licensed in accordance with section 15 of the 1875 Act;
“geotechnical assessment” has the meaning given to it in regulation 33(1);
“geotechnical specialist” means a chartered engineer or chartered geologist who has —
three or more years relevant experience in soil mechanics, rock mechanics or excavation engineering; and
is competent to perform a geotechnical analysis to determine the hazard and risk arising from the excavation or tip being assessed,
“hazard” in relation to an excavation or tip means having the potential to cause harm to the health and safety of any person;
“health and safety document” shall be construed in accordance with regulation 7;
“maintained” with respect to the quarry and its plant means maintained, where necessary to secure the health and safety of any person, in an efficient state, in efficient working order and in good repair, and “maintenance” shall be construed accordingly;
“management structure” shall be construed in accordance with regulation 8;
“mine” means any mine within the meaning of the 1954 Act;
“minerals” includes stone, slate, clay, gravel, sand and other natural deposits except peat;
“misfire” means an occurrence in relation to the firing of shots where —
testing before firing reveals broken continuity which cannot be rectified; or
a shot or any part of a shot fails to explode when an attempt is made to fire it;
“notifiable excavation” and “notifiable tip” shall be construed in accordance with regulation 34(3);
“operator” in relation to a quarry means the person in overall control of the working of the quarry;
“preparation for sale” includes the crushing, screening, washing, drying and bagging of minerals;
“public road” means (in England and Wales) a highway maintainable at public expense within the meaning of section 329 of the Highways Act 1980 and (in Scotland) a public road within the meaning assigned to that term by section 151 of the Roads (Scotland) Act 1984 ;
“quarry” has the meaning given to it by regulation 3;
“railway company” means any person authorised by an enactment to construct, work or carry on a railway and for the purposes of this definition the expression “enactment” includes a provision of an order or scheme made under or confirmed by an Act;
“safety fuse” means a flexible cord that contains an internal burning medium by which fire is conveyed at a continuous and uniform rate for the purpose of firing plain detonators or blackpowder, without initiating burning in a similar fuse that may be in lateral contact alongside;
“shot” means a single shot or a series of shots fired as part of one blast;
“shotfirer” means a person appointed pursuant to regulation 25(2)(a)(ii) to be responsible for shotfiring operations;
“shotfiring operations” includes —
checking to ensure that the blasting specification is still appropriate for the site conditions at the time the blasting is to take place;
mixing explosives;
priming a cartridge;
charging and stemming a shothole;
linking or connecting a round of shots;
withdrawal and sheltering of persons;
inspecting and testing a shotfiring circuit;
firing a shot; and
checking for misfires;
“tip” means an accumulation or deposit of any substance at a quarry (whether in a solid or liquid state or in solution or suspension) and includes, but is not limited to, overburden dumps, backfill, spoil heaps, stock piles and lagoons, and where any wall or other structure retains or confines a tip then it shall be deemed to form part of the tip;
“trainee shotfirer” means a person appointed pursuant to regulation 25(2)(a)(ii) to undergo training in shotfiring operations under the close personal supervision of a shotfirer;
“vehicle” means any mechanically propelled vehicle (including mechanically propelled plant);
“vehicle rules” means the rules referred to at regulation 14.
2
Unless the context otherwise requires, any reference in these Regulations to —
a
a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered;
b
a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which that reference occurs; and
c
any specified document shall operate as a reference to that document as revised or reissued from time to time.
Meaning of quarry
3
1
In these Regulations “quarry” means —
a
subject to paragraph (2), an excavation or system of excavations made for the purpose of, or in connection with, the extraction of minerals (whether in their natural state or in solution or suspension) or products of minerals, being neither a mine nor merely a well or borehole or a well and borehole combined;
b
any reclamation site (and for this purpose “reclamation site” means a site where the extraction of minerals forms part of the process whereby that site is restored for agricultural, industrial or domestic use) from which minerals are being extracted for sale or further use; or
c
any disused tip which is not at a mine being worked within the meaning of regulation 2(3) of the Management and Administration of Safety and Health at Mines Regulations 1993 from which minerals are being extracted for sale or further use.
2
Notwithstanding paragraph (1)(a), in these Regulations “quarry” does not include —
a
an excavation or system of excavations made for the purpose of or in connection with the extraction of such minerals or products of minerals where the exclusive purpose of that extraction is to enable the minerals or products of minerals so extracted to be used for the purpose of carrying out any building, civil engineering or engineering construction work on the site at which the extraction has taken place;
b
a public road; or
c
a railway line which is exclusively under the control of —
i
a railway company, or
ii
a person who carries on an undertaking which consists of, or the main activity or one of the main activities of which consists of, the management of a network within the meaning of subsection (1) of section 83 of the Railways Act 1993 .
3
For the purposes of these Regulations, the following shall be deemed to form part of a quarry —
a
so much of the surface (including buildings, structures and works thereon) surrounding or adjacent to the quarry as is occupied for the purpose of, or in connection with —
i
the working of the quarry,
ii
the consumption, use, storage or preparation for sale of the minerals or products thereof extracted from the quarry, or
iii
the removal from the quarry of any substance extracted from the quarry; and
b
any tip —
i
for the time being used in conjunction or connection with the operation of the quarry, or
ii
subject to paragraph (4)(a), (whether or not it is for the time being in use) situated on premises occupied by the operator of the quarry;
4
For the purposes of these Regulations, where
a
a tip is for the time being used in conjunction or connection with the operation of two or more quarries and is situated on premises occupied exclusively by the operator of one of those quarries, it shall be treated as forming part of that quarry unless —
i
the operator of one of the other quarries in conjunction or connection with which the tip is for the time being used has agreed that the tip should be treated as forming part of the quarry of which he is the operator, and
ii
notice to that effect has been given to the Executive by that operator;
b
a tip is for the time being used in conjunction or connection with the operation of two or more quarries and is situated on premises occupied jointly by the operators of two or more of those quarries, the last-named operators shall, for the purposes of these Regulations, be treated as being in joint and several control of that tip and as being jointly and severally responsible therefore unless —
i
the said operators have agreed that one of their number should be treated as being in control of that tip and responsible therefore, and
ii
notice to that effect has been given to the Executive by the operator who is to be so treated;
5
Upon receipt of a notice given in accordance with paragraphs (4)(a)(ii) or (4)(b)(ii), the tip named in that notice shall be treated as forming part of the quarry specified in the said notice.
Application
4
1
Subject to paragraph (2) and save where the contrary intention appears, these Regulations shall apply to all quarries where persons work.
2
These Regulations shall not apply to any —
a
quarry at which there has been no extraction or preparation for sale of minerals within the previous 12 months;
b
quarry in relation to which notice of abandonment or ceasing of operations has been given to the Executive in accordance with regulation 45(1), provided that the quarry is no longer being used for the extraction or preparation for sale of minerals; or
c
part of a quarry which is being used exclusively by a person for a work activity unconnected with —
i
the extraction of minerals, or
ii
the preparation for sale of minerals,
provided that no work activity set out in paragraph (3) is being carried on at that quarry.
3
The work activities mentioned in paragraph (2) are any work carried on —
a
with a view to abandoning that quarry; or
b
for the purpose of preventing the flow from that quarry into an adjacent quarry of water or material that flows when wet.
4
These Regulations shall apply to a self-employed person as they apply to an employer and as if that self-employed person were both an employer and a person at work.
PART II
HEALTH AND SAFETY MANAGEMENT
Duties of the person entitled to work the quarry
5
1
The person entitled to work a quarry shall not permit another person to be the operator of that quarry unless that person is suitable and has sufficient resources to be able to operate the quarry safely.
2
Where the person entitled to work a quarry permits another person to be the operator of that quarry, he shall make a written record of that permission which record shall be signed by the person so entitled and the operator and a copy of which shall be provided to the operator.
3
The said record and copy shall be kept by the person so entitled and the operator respectively for the duration of the said permission.
4
The person so entitled shall provide the operator with any relevant information available to him which might affect the health and safety of persons at work at the quarry.
General duties of the operator
6
1
It shall be the duty of the operator of every quarry to take the necessary measures to ensure, so far as is reasonably practicable, that the quarry and its plant are designed, constructed, equipped, commissioned, operated and maintained in such a way that persons at work can perform the work assigned to them without endangering their own health and safety or the health and safety of others.
2
The operator shall co-ordinate the implementation of all measures relating to the health and safety of persons at work at the quarry.
3
Without prejudice to the generality of paragraph (1), where necessary to ensure the health and safety of any person the operator shall ensure that any building (whether temporary or permanent) or structure —
a
is designed, constructed, erected, operated, supervised and maintained so as to withstand any reasonably foreseeable environmental forces; and
b
has a construction and solidity which is appropriate to the nature of its use.
4
The operator shall ensure that in the event of the abandonment of or ceasing of operations at a quarry, the quarry is left, so far as is reasonably practicable, in a safe condition.
The health and safety document
7
1
The operator shall ensure that no work is carried out at the quarry unless a document (in these Regulations referred to as the “health and safety document”) has been prepared which —
a
demonstrates that the risks to which persons at work at the quarry are exposed have been assessed in accordance with paragraphs (1) to (3C) of regulation 3 of the 1992 Regulations;
b
demonstrates that adequate measures, including measures concerning the design, use and maintenance of the quarry and of its plant, will be taken to safeguard the health and safety of persons —
i
at the quarry, and
ii
in the area immediately surrounding the quarry who are directly affected by the activities of the quarry;
c
includes a statement of how the measures referred to in sub-paragraph (b) will be co-ordinated;
d
gives details of the management structure and sets out the authority and duties of each person in the management structure; and
e
records the following information —
i
the rules required by regulation 10(1)(a),
ii
the arrangements for the review of safety measures in accordance with regulation 11,
iii
details of the inspection, maintenance and testing schemes prepared in accordance with regulation 12,
iv
the rules controlling risks from vehicles required by regulation 14,
v
details of the permit to work system required by regulation 18,
vi
the shotfiring rules required by regulation 25(2),
vii
the excavations and tips rules required by regulation 31,
viii
the conclusions of any appraisal or assessment of an excavation or tip undertaken in accordance with regulation 32, and
ix
the arrangements for health surveillance required by regulation 43.
2
In addition to the matters referred to in paragraph (1), the health and safety document shall where appropriate also include —
a
a plan detailing the equipment and measures required to protect persons at work at the quarry from the risk of explosion;
b
where toxic gases are or may be present in the atmosphere at the quarry in such concentration that the atmosphere may be harmful to the health of persons at work, a plan detailing the protective equipment and measures required to protect persons at work at the quarry from the harmful atmosphere; and
c
a diagram of the quarry indicating those areas to which these Regulations do not apply by virtue of regulation 4(2)(c).
3
The operator shall ensure that the health and safety document, including any information recorded therein pursuant to paragraph (1)(e), is —
a
kept up to date; and
b
made available to each employer of persons at work at the quarry and to all persons at work at the quarry.
4
The operator shall ensure —
a
that the measures identified in the health and safety document are taken; and
b
that any plans included in that document are followed.
5
Each person in the management structure shall carry out the duties assigned to him in the health and safety document so as to protect the health and safety of persons at work at the quarry.
Management structure
8
1
With a view to ensuring the health, safety and welfare of those persons identified in regulation 7(1)(b)(i) and (ii), it shall be the duty of the operator to —
a
establish a management structure which enables the quarry to be operated in accordance with the health and safety document;
b
make a record of the management structure and the extent of the authority and duties of persons in the said structure;
c
appoint a competent individual to take charge of the operation of the quarry at all times when persons are working in the quarry, provided that where the operator is an individual and is suitably qualified and competent he may appoint himself;
d
ensure that when, for whatever reason, the individual appointed in accordance with paragraph (1)(c) is not readily available, a competent individual is nominated as a substitute to hold the authority and perform the duties of the first named individual; and
e
ensure that a sufficient number of competent persons are appointed to manage the quarry safely.
2
Without prejudice to the generality of paragraph (1), the management structure shall be established to provide in particular that all persons working at the quarry come under the authority of a competent person in the management structure who shall have a duty to exercise such supervision of those persons as is appropriate to ensure the health and safety of those persons and of all others who may be affected by their activities.
3
The operator shall ensure that the management structure is reviewed regularly and revised where necessary and in particular if the quarry undergoes significant changes (including natural changes), extensions or conversions.
4
The operator shall ensure that each person who forms part of the management structure is provided with a copy of those parts of the health and safety document which describe his authority and duties.
5
The reference to a competent individual taking charge in paragraph (1)(c) is a reference to that individual taking charge subject to the overall control exercised by the operator.
Training and competence
9
The operator shall ensure that no person undertakes any work at the quarry unless —
a
that person is either competent to do that work or he does so under the instruction and supervision of some other person who is competent to give instruction in and to supervise the doing of that work for the purpose of training him; and
b
a sufficient number of persons with the requisite competence to perform the tasks assigned to them are present.
Instructions, rules and schemes
10
1
It shall be the duty of the operator to —
a
ensure that rules are in place at the quarry with a view to securing —
i
the health and safety of those persons identified in regulation 7(1)(b)(i) and (ii), and
ii
the safe use of equipment;
b
ensure that copies of all current instructions, rules and schemes required to be made under these Regulations are kept at the quarry and are —
i
given to any person at work at the quarry upon whom they impose duties; and
ii
comprehensible to all persons at work at the quarry to whom they apply; and
c
take all reasonable measures to ensure that each person at work at the quarry understands any rules required to be made under these Regulations which are relevant to that person.
2
The operator shall ensure, so far as is reasonably practicable, that any instructions, rules and schemes required to be made under these Regulations are followed, or as the case may be, complied with, by persons at work at the quarry.
Review of health and safety measures
11
The operator shall ensure that —
a
the measures taken to protect the health and safety of those persons identified in regulation 7(1)(b)(i) and (ii) are reviewed —
i
on a regular basis to ensure compliance with the relevant statutory provisions, and
ii
whenever the circumstances require it, including where there has been a significant change in the way that the quarry operates; and
b
the regularity with which such reviews are to take place is specified in the health and safety document.
PART III
RISK CONTROL
Inspection
12
1
The operator shall —
a
prepare and keep up to date a suitable written scheme for the systematic inspection, maintenance and, where appropriate, testing of —
i
all parts of the quarry,
ii
all buildings (whether temporary or permanent) at the quarry, and
iii
any plant at the quarry,
with a view to securing the health and safety of those persons identified in regulation 7(1)(b)(i) and (ii);
b
ensure that, where appropriate, suitable written reports are made of inspections, maintenance and tests carried out in pursuance of sub-paragraph (a) and that each report records significant defects and the steps taken to remedy them and —
i
is signed by the person making it, and
ii
countersigned by an appropriate person in the management structure; and
c
ensure that a sufficient number of competent persons are appointed to undertake the activities referred to in sub-paragraphs (a) and (b).
2
Without prejudice to the generality of paragraphs (1)(a) and (b), the said written scheme shall specify that faces above —
a
every place of work at the quarry; and
b
every road used by persons at work at the quarry for the purpose of their work or of getting to or from their place of work,
are inspected for loose ground or loose rocks before any work at the quarry commences or re-commences.
3
In this regulation, “inspection” means such visual or more rigorous inspection by a competent person as is appropriate for the purpose.
Benches and haul roads
13
The operator shall ensure, so far as is reasonably practicable, that —
a
benches and haul roads are designed, constructed and maintained so as to allow vehicles and plant to be used and moved upon them safely; and
b
where necessary, effective precautions are taken, by the installation of barriers or otherwise, to prevent vehicles or plant accidentally leaving any bench or haul road.
Rules controlling risk from vehicles
14
The operator shall make suitable and sufficient rules (known in these Regulations as the “vehicles rules”) which shall lay down in writing measures designed to control the risks to persons at the quarry arising from the use of vehicles at the quarry.
Escape and rescue facilities at the quarry
15
The operator shall ensure that —
a
adequate means of escape and rescue are provided and maintained so as to permit persons in the quarry to leave the quarry promptly and safely in the event of danger;
b
adequate means of communication and warning are provided to enable assistance, escape and rescue operations to be launched at once when required;
c
written instructions concerning the use of emergency equipment and the action to be taken in the event of an emergency at or near the quarry are prepared;
d
persons at work at the quarry are trained in appropriate action to be taken in the event of an emergency; and
e
rescue equipment is provided at readily accessible, appropriately sited and clearly sign-posted places and kept ready for use.
Barriers
16
The operator shall ensure that, where appropriate, a barrier suitable for the purpose of discouraging trespass is placed around the boundary of the quarry and is properly maintained.
PART IV
ADDITIONAL HEALTH AND SAFETY REQUIREMENTS
Compliance with Part IV
17
The operator shall ensure that regulations 18 to 23 are in each case complied with as appropriate having regard to the features of the quarry, the nature and circumstances of the work carried on there or to a specific risk.
Permits to work
18
1
The operator shall ensure that a system is in place so as to ensure that any work involving —
a
the carrying out of hazardous operations; or
b
usually straightforward operations which may interact with other activities to cause serious hazards,
is not carried out unless a permit to carry out that work has been issued.
2
Such permits to work shall specify —
a
the conditions to be fulfilled; and
b
the precautions to be taken before, during and after the operation concerned,
in order to ensure, so far as is reasonably practicable, the health and safety of any person affected by that operation.
3
Such permits to work shall be —
a
issued, signed and dated by a suitable person in the management structure; and then
b
accepted, signed and dated by a further suitable person.
Safety drills
19
1
The operator shall ensure that safety drills are held at regular intervals for persons at work at the quarry.
2
Such safety drills shall be for the following purposes —
a
to train the persons who work at the quarry in the appropriate actions to be taken in an emergency including, where appropriate, the correct use, handling or operation of emergency equipment; and
b
to train and check the skills of such persons to whom specific duties involving the use, handling or operation of such equipment have been assigned in the event of an emergency.
Fire and explosion hazards
20
1
The operator shall ensure that no person at work at the quarry uses a naked flame or carries out any work which could give rise to a risk of an unintended explosion or fire unless sufficient measures to prevent such an explosion or fire are taken.
2
No person shall smoke in any part of a quarry where there is a risk of fire or explosion.
Control of harmful and explosive atmospheres
21
1
It shall be the duty of the operator to ensure that —
a
steps are taken in order to determine whether potentially explosive substances are present in the atmosphere and, where such substances are present, to measure the concentration of such substances in the atmosphere;
b
automatic devices designed to —
i
monitor continuously the concentration of explosive or flammable gases in the atmosphere,
ii
trigger an alarm if such concentration reaches a dangerous level, and
iii
cut off power to any plant which, because of the concentration of such gases in the atmosphere, gives rise to a risk to the health and safety of any person,
are provided;
c
where devices are provided in accordance with paragraph (b)(i), a record of the levels of concentration of such gases in the atmosphere shall be made at such intervals as are specified in the health and safety document;
d
at any place in the quarry where there is a risk of the occurrence or accumulation of an explosive atmosphere, all necessary measures are taken with a view to —
i
preventing such occurrence and accumulation, or, where this is not practicable,
ii
preventing the ignition of such an atmosphere; and
e
at any place in the quarry where there is a risk of the occurrence or accumulation of a substance harmful to health in the atmosphere, appropriate measures are taken in order to —
i
prevent such occurrence and accumulation, or, where this is not practicable,
ii
extract or disperse that harmful substance,
in such a way that persons are not placed at risk.
2
Without prejudice to the requirements of the Personal Protective Equipment Regulations 1992 , the operator shall ensure that whenever persons at work are present at any place in the quarry where they may be exposed to a substance harmful to health in the atmosphere —
a
appropriate and sufficient breathing and resuscitation equipment is available; and
b
a sufficient number of persons trained in the use of such equipment is present.
3
The operator shall ensure that the equipment referred to at paragraph (2)(a) is suitably stored and maintained.
Danger areas
22
The operator shall ensure that —
a
any danger areas in the quarry are clearly marked;
b
equipment or barriers designed to prevent inadvertent entry by any unauthorised person are installed at any danger area in the quarry in which, because of the nature of the work being carried out there or for any other reason there is —
i
risk of a person falling a distance likely to cause personal injury,
ii
risk of a person being struck by a falling object likely to cause personal injury, or
iii
a significant risk to the health and safety of persons; and
c
where any person at work is authorised to enter a danger area, appropriate measures are taken to protect his health and safety.
Lighting
23
The operator shall ensure that every part of a quarry in which a person is likely to be exposed to risks in the event of the failure of artificial lighting is provided with emergency lighting of adequate intensity and where that is impractical persons at work in that place shall be provided with a personal lamp.
PART V
EXPLOSIVES
Application of this Part
24
This Part shall apply to the storage, transport and use of explosives at a quarry.
Operator’s duties
25
1
The operator shall —
a
ensure, so far as is reasonably practicable, that all explosives are stored, transported and used safely and securely;
b
appoint one or more competent individuals to organise and supervise all work at the quarry involving the use of explosives (“the Explosives Supervisor”); and
c
ensure that at no time is there more than one person acting as the Explosives Supervisor at the quarry.
2
It shall be the duty of the operator to ensure that —
a
suitable and sufficient rules are made which lay down in writing procedures for —
i
shotfiring operations at the quarry,
ii
appointing shotfirers, trainee shotfirers and storekeepers,
iii
authorising other persons who will be involved with the storage, transport or use of explosives,
iv
dealing with misfires, and
v
ensuring, so far as is reasonably practicable, that such rules are complied with;
b
an adequate written specification (whether produced by him or not) is prepared for each shotfiring operation at the quarry to ensure, so far as is reasonably practicable, that when such firing occurs it will not give rise to danger; and
c
a copy of the specification referred to in sub-paragraph (b) is given to any person upon whom it imposes duties.
3
The operator shall ensure that operations involving the storage, transport or use of explosives are carried out by —
a
a duly authorised and competent person; or
b
a trainee under the close supervision of a duly authorised and competent person.
4
The operator shall ensure that —
a
such facilities and equipment as are necessary to enable shotfiring operations to be carried out safely are provided;
b
any vehicle which is provided for use in relation to shotfiring operations is so marked as to be readily identifiable from a distance;
c
detonators are stored in separate containers from other explosives; and
d
explosives are kept at all times either in a locked explosives store or under the constant supervision of a suitable person.
5
The operator shall ensure, so far as is reasonably practicable, that each shotfiring operation is carried out safely and in accordance with the rules required to be made in pursuance of paragraph (2)(a) and any specification required to be prepared in pursuance of paragraph (2)(b).
Supervision of shotfiring operations and trainee shotfirers and records of appointment
26
1
The operator shall take all reasonable steps to ensure that —
a
a trainee shotfirer at the quarry does not fire shots and is not required to fire shots, except when he is under the close personal supervision of a shotfirer, until the operator is satisfied that he has completed a suitable period of training and has appropriate practical experience; and
b
all shotfiring operations are carried out under the close personal supervision of the shotfirer.
2
The operator shall ensure that a record of the appointment at the quarry of any shotfirer or trainee shotfirer is kept at a suitable place until three years after that shotfirer’s or, as the case may be, trainee shotfirer’s employment at the quarry ends.
Shotfirer’s duties
27
Before a shot is fired, a shotfirer shall —
a
check the shotfiring system or circuit to ensure that it has been connected correctly;
b
where electrical detonators are used, ensure that they have been correctly connected to the shotfiring system or circuit and that the shotfiring system or circuit is tested with an instrument suitable for the purpose from a position of safety;
c
where appropriate, ensure that the electrical integrity of the shotfiring system or circuit is such as to make a misfire unlikely; and
d
ensure that the shot is fired from a safe place.
Misfires
28
In the event of a misfire the operator shall (if this is not the same person) consult the individual appointed under regulation 8(1)(c) and shall ensure, so far as is reasonably practicable, that —
a
apart from himself, no person other than the Explosives Supervisor, shotfirer, trainee shotfirer or any other person authorised by him enters the danger area —
i
where the shot was fired by means of safety fuse, until a period of 30 minutes has elapsed since the misfire, or
ii
where the shot was fired by other means, until a period of 5 minutes has elapsed since the misfire and any shotfiring apparatus has been disconnected from the shot;
b
appropriate steps are taken to determine the cause of and to deal with the misfire; and
c
a suitable record is kept of the misfire.
Prohibited activities
29
1
No person (other than a person engaged in the transport of explosives to or from the quarry, a shotfirer, trainee shotfirer, a person authorised to handle explosives at a quarry, or a person appointed to be in charge of the explosives store) shall handle explosives at a quarry.
2
No person shall bring any substance or article (other than explosives) likely to cause an unintended explosion or fire within 10 metres of any explosives or (except for the purpose of lighting igniter cord or safety fuse) take any naked flame within 10 metres of any explosives.
3
No person shall forcibly remove any detonator lead, safety fuse or other system for initiating shots from a shothole after the shothole has been charged and primed.
4
No person shall charge or fire a shot —
a
unless there is sufficient visibility to ensure that work preparatory to shotfiring, the shotfiring operation and any site inspection after the shot is fired can be carried out safely;
b
in a shothole which has previously been fired, unless he is dealing with a misfire in accordance with action taken in pursuance of regulation 28(b); or
c
in any tunnel or other excavation (not being merely a shothole) in the face or side of the quarry for the purpose of extracting minerals or products of minerals.
5
No person shall fire a shot —
a
unless he is a shotfirer or trainee shotfirer; and
b
other than by means of a suitable exploder or suitable safety fuse.
6
No person shall cap a safety fuse with a detonator unless he is using equipment designed for the purpose and he is in a suitably sheltered place designated by the operator for the purpose.
PART VI
EXCAVATIONS AND TIPS
General duty to ensure safety of excavations and tips
30
The operator shall ensure that excavations and tips are designed, constructed, operated and maintained so as to ensure that —
a
instability; or
b
movement,
which is likely to give rise to a risk to the health and safety of any person is avoided.
Excavations and tips rules
31
The operator shall ensure that suitable and sufficient rules (known in these Regulations as the “excavations and tips rules”) are made to ensure the safe construction and operation of excavations and tips and such rules shall in particular specify the following matters —
a
the manner in which such activities are to be carried out;
b
the nature and extent of supervision of such activities; and
c
the precautions to be taken during such activities to ensure the health and safety of any person and the safety and stability of the excavation or tip.
Appraisal of excavations and tips
32
1
The operator shall ensure that a suitable and sufficient appraisal of all proposed or existing excavations or tips at the quarry is undertaken by a competent person in order to determine whether any such excavation or tip is a significant hazard.
2
The operator shall ensure that —
a
any significant findings made during an appraisal, any conclusions reached in accordance with paragraph (1) and the reasons for those conclusions are recorded by the competent person undertaking the appraisal;
b
the said competent person signs and dates any such record; and
c
the record made in accordance with sub-paragraph (a) is made available to each employer of persons at work at the quarry and to all persons at work at the quarry.
3
Where the conclusion reached by the competent person following an appraisal made pursuant to paragraph (1) is that the excavation or tip presents no significant hazard, the operator shall ensure that a competent person carries out further such appraisals —
a
at appropriate intervals;
b
whenever there is any reason to suspect that there has been or will be a significant change to —
i
the matters to which the appraisal relates, or
ii
any neighbouring land which may be affected by movement by or instability of the excavation or tip to which the appraisal relates; and
c
whenever there is any reason to doubt the validity of the conclusion of the current appraisal.
4
Where the conclusion reached by the competent person following an appraisal made pursuant to paragraph (1) is that the excavation or tip represents a significant hazard, the operator shall ensure that a geotechnical assessment is carried out in accordance with the requirements of regulation 33 as soon as is reasonably practicable.
Meaning of “geotechnical assessment” and operator’s duties in relation to geotechnical assessments
33
1
For the purposes of these Regulations, a “geotechnical assessment” means an assessment carried out by a geotechnical specialist identifying and assessing all factors liable to affect the stability and safety of a proposed or existing excavation or tip and shall include —
a
preparation by or under the supervision of the said geotechnical specialist or, as appropriate, consideration by the said geotechnical specialist of the documents and particulars specified at Schedule 1;
b
the conclusion of the said geotechnical specialist as to the safety and stability of the proposed or existing excavation or tip being assessed, including his conclusions as to whether the said excavation or tip represents a significant hazard by way of instability or movement;
c
where appropriate, the conclusion of the said geotechnical specialist as to whether any remedial work is required in relation to the excavation or tip being assessed and the date by which such work should be completed;
d
where appropriate, the conclusion of the said geotechnical specialist as to the date by which the next geotechnical assessment should take place; and
e
consideration by the said geotechnical specialist of the excavations and tips rules.
2
The operator shall ensure that —
a
any significant findings made during a geotechnical assessment and any conclusions reached in accordance with paragraphs (1)(b), (c) or (d) and the reasons for those conclusions are recorded by the geotechnical specialist undertaking the assessment; and
b
the said geotechnical specialist signs and dates any such record and records his professional qualifications thereon.
3
The operator shall ensure that any information available to him which may be relevant for the purposes of a geotechnical assessment is made available to the geotechnical specialist undertaking that assessment.
4
The operator shall ensure that any remedial works identified during the geotechnical assessment in accordance with paragraph (1)(c) are undertaken by the date specified.
Operator’s duties in relation to excavations and tips which are a significant hazard (“notifiable” excavations and tips)
34
1
Where the conclusion recorded by a geotechnical specialist in accordance with regulation 33(1)(b) following a geotechnical assessment of a proposed or existing excavation or tip is that the excavation or tip represents a significant hazard by way of instability or movement, the operator shall ensure, subject to regulation 33(1)(d), that the said excavation or tip is subject to a further geotechnical assessment at least every two years.
2
Without prejudice to paragraph (1), where, in relation to an excavation or tip which falls within paragraph (1) there is any reason —
a
to suspect that there has been or will be a significant change to —
i
the matters to which the geotechnical assessment relates, or
ii
any neighbouring land which may be affected by movement by or instability of the excavation or tip; or
b
to doubt the validity of the conclusion of the current assessment,
the operator shall ensure that a further geotechnical assessment is undertaken as soon as is reasonably practicable.
3
For the purposes of these Regulations, excavations and tips falling within paragraph (1) shall be known as “notifiable excavations” and “notifiable tips” respectively.
Operator’s duties in relation to excavations and tips which are not a significant hazard
35
Where the conclusion reached by a geotechnical specialist in accordance with regulation 33(1)(b) following a geotechnical assessment of a proposed or existing excavation or tip is that it presents no significant hazard, the operator shall ensure that —
a
the said geotechnical specialist specifies the frequency with which appraisals pursuant to regulation 32 are to be conducted in order to ensure the continued safety and stability of the excavation or tip; and
b
a record of that specification is made.
Duty to keep record of substances tipped
36
The operator shall ensure that sufficient records are kept of the nature, quantity and location of all substances accumulated or deposited at a notifiable tip to enable an accurate assessment of the stability of that tip to be made.
Notification of excavations and tips
37
1
Subject to paragraph (2), the operator shall in relation to any —
a
proposed excavation or tip which it is reasonable to expect will be a significant hazard;
b
notifiable excavation; or
c
notifiable tip other than a notifiable tip which was —
i
a classified tip within the meaning of regulation 2(1) of the 1971 Regulations, and
ii
in respect of which notice has been given in accordance with regulation 8(1) of those Regulations,
give not less than 30 days notice (or such shorter period as the Executive may permit) to the Executive of his intention to commence or, in relation to excavations and tips falling within sub-paragraphs (b) and (c), continue, operations.
2
Paragraphs (1)(b) and (1)(c) shall not apply to an excavation or tip in relation to which notice of intention to commence operations has previously been given.
3
The 30 days notice referred to in paragraph (1) shall be given —
a
in the case of excavations and tips falling within paragraph (1)(a), before the commencement of operations; and
b
in the case of excavations and tips falling within paragraphs (1)(b) and (1)(c), as soon as possible after the date on which the operator is notified of the geotechnical specialist’s conclusions, reached in accordance with regulation 33(1)(b).
4
The following information shall be included in any notice given by the operator in accordance with paragraph (1) —
a
a brief description of the excavation or tip, including its location, size, and the material to be excavated or tipped; and
b
in relation to excavations and tips falling within paragraphs (1)(b) and (1)(c), the conclusions reached by the geotechnical specialist carrying out the geotechnical assessment in accordance with paragraphs (1)(b), (c) and (d) of regulation 33.
5
Where the conclusion reached by a geotechnical specialist during the geotechnical assessment of an excavation or tip which has, in accordance with regulation 34(1), been subject to a geotechnical assessment at least every two years is that the excavation or tip no longer presents a significant hazard by way of instability or movement, the operator shall give notice of that conclusion and the reasons for that conclusion to the Executive within two months of the geotechnical assessment.
Transitional provisions
38
Where, at the coming into force of these Regulations, a report has been obtained in accordance with regulations 9(2)(a), 12(1) or 18(1) of the 1971 Regulations and is less than two years old, that report shall be treated as a geotechnical assessment for the purpose of regulation 32(4) of these Regulations and shall remain valid for a maximum of two years from the date when it was first made.
PART VII
DUTIES OF EMPLOYERS AND PARTICIPATION AND DUTIES OF PERSONS AT WORK
Co-operation
39
Every employer of persons at work at a quarry and every person at work at the quarry shall co-operate with the operator to the extent requisite to enable the operator to comply with the relevant statutory provisions.
Participation of persons at work
40
1
It shall be the duty of the operator to make and maintain arrangements which will enable him and those persons who regularly work at the quarry to co-operate effectively in promoting and developing measures to ensure the health, safety and welfare of persons who regularly work at the quarry and in checking the effectiveness of such measures.
2
For the purposes described in paragraph (1), a committee of persons with suitable practical experience of quarrying operations may be appointed for the quarry —
a
in a case where there is an association or body representative of a majority of the total number of persons working at the quarry, by that association or body; or
b
jointly by associations or bodies which are together representative of such a majority.
3
Where an injury or dangerous occurrence which is notifiable under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 occurs at a quarry, the operator shall permit two members of the committee appointed under paragraph (2) to inspect together the place where the injury or dangerous occurrence occurred and, so far as is necessary for ascertaining its cause, any other part of the quarry and any plant, and to take samples of the atmosphere, dust or water at that place.
4
The operator of a quarry shall permit sufficient inspections to be carried out by members of the committee appointed under paragraph (2) to enable every part of the quarry and any plant and equipment at the quarry to be inspected once a month by two of those committee members together.
5
The operator of a quarry shall permit members of a committee appointed under paragraph (2) who are carrying out an inspection under paragraph (4) to —
a
scrutinise any documents which are kept at the quarry in compliance with the relevant statutory provisions;
b
review the risk assessment referred to in regulation 7(1)(a) and the measures referred to in regulation 7(1)(b) and to suggest improvements thereto; and
c
be accompanied by their advisers.
6
The operator of a quarry shall ensure that any improvements suggested under paragraph (5)(b) are considered and, if they are not accepted, written reasons for this are given to the members of the committee who made the inspection.
7
The operator of a quarry and any person nominated by him shall be entitled to accompany the two committee members appointed under paragraph (2) who are carrying out an inspection under paragraph (4) during that inspection.
8
Where any two committee members appointed under paragraph (2) have carried out an inspection under paragraph (4), they may make a written report of the matters ascertained as a result of the inspection and, if such a report is made, the two committee members and the operator or any person nominated by him shall sign the report.
9
Where a written report is made, a copy of the report signed in accordance with paragraph (8) shall be posted in a conspicuous position at the quarry and kept posted there for 28 days.
Duty of employers of employees at work at a quarry
41
1
No employer shall employ any person to work at a quarry unless there is an operator.
2
Without prejudice to regulation 6, where the employees of more than one employer are at work at a quarry, it shall be the duty of each employer to comply with those relevant statutory provisions which apply to the quarry.
Duty of persons at work at a quarry
42
Every person at work at a quarry shall —
a
to the extent of his responsibility and authority, carry out the duties allocated to him with reasonable care for the health and safety of himself and other persons who may be affected by his acts or omissions; and
b
comply with the rules put in place at the quarry by the operator in accordance with regulation 10.
Health surveillance
43
An employer of a person at work at a quarry shall ensure, where health surveillance under regulation 5 of the 1992 Regulations is required in respect of any work to which that person is to be assigned, that the health surveillance commences before that person begins to carry out such work.
PART VIII
MISCELLANEOUS AND GENERAL
Record keeping
44
1
It shall be the duty of the operator to ensure that —
a
every report or record which is required to be made under these Regulations is in a suitable form and is kept at the quarry or at some other suitable place for at least three years from the date on which the report or record was made unless the provision concerned expressly imposes some other requirement; and
b
a copy of the written statement of duties of all persons appointed at the quarry under these Regulations is kept at the quarry or at some other suitable place for at least 12 months after the date on which the appointment ceased to have effect.
2
Paragraph (1)(a) shall apply to copies of information notified to the Executive under these Regulations but shall not apply to the record made in accordance with regulation 5(2) by the person entitled to work the quarry.
Notification of quarrying operations
45
1
It shall be the duty of the operator to ensure that within 14 days of any of the events specified at paragraphs (a) to (c) of paragraph (2), written notice thereof is given to the Executive.
2
The events referred to at paragraph (1) are —
a
the beginning of operations for the purpose of opening a quarry;
b
the abandonment of or ceasing of operations at a quarry; and
c
the appointment or change of the operator of a quarry.
3
Without prejudice to the duty to give notice under paragraph (1) in respect of an event specified at paragraph (2)(b), the operator of every quarry of coal shall, within three months of the date on which the quarry of coal is abandoned, send to the Executive, or a body approved by it, an accurate plan of that quarry.
4
Where, in pursuance of paragraph (2), a plan has been sent to the Executive or a body approved by it, that plan shall be retained by the Executive or that body in accordance with arrangements approved by the Executive.
Exemptions
46
1
Subject to paragraph (2), the Executive may, by a certificate in writing, exempt any quarry, part of a quarry or class of quarries, any person or class of persons, any plant or class of plant or any operation or class of operations from all or any of the prohibitions and requirements of these Regulations, and any such exemption may be granted subject to conditions and to a limit of time and may be revoked at any time by a certificate in writing.
2
The Executive shall not grant any such exemption unless, having regard to the circumstances of the case and in particular to —
a
the conditions, if any, it proposes to attach to the exemption; and
b
any other requirements imposed by or under any enactment which apply to the case,
it is satisfied that the health and safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it.
PART IX
REPEALS, MODIFICATIONS AND REVOCATIONS
Repeals and modifications
47
1
The provisions of the 1954 Act specified in column 1 of Part 1 of Schedule 2 are repealed to the extent specified in the corresponding entry in column 3 of that Part.
2
The provisions of the 1954 Act specified in column 1 of Part II of Schedule 2 shall not apply to quarries and accordingly those provisions shall be modified to the extent specified in the corresponding entry in column 2 of that Part.
3
The provision of the Factories Act 1961 specified in column 1 of Schedule 3 shall be modified to the extent specified in the corresponding entry in column 2 of that Schedule.
4
The provisions of the 1969 Act specified in column 1 of Part I of Schedule 4 shall be modified to the extent specified in the corresponding entry in column 2 of that Part.
5
The provisions of the 1969 Act specified in column 1 of Part II of Schedule 4 shall not apply to quarries and accordingly those provisions shall be modified to the extent specified in column 2 of that Part.
Revocations and modifications to instruments
48
1
The instruments specified in column 1 of Part I of Schedule 5 shall be revoked to the extent specified in the corresponding entry in column 3 of that Part.
2
The provisions of the instruments specified in column 1 of Part II of Schedule 5 shall be modified to the extent specified in the corresponding entry in column 2 of that Part.
Signed by authority of the Secretary of State
Alan Meale
Parliamentary Under Secretary of State,
Department of Environment, Transport and the Regions
12th July 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Borough of Epsom and Ewell (Electoral Changes) Order 1999.
2
This Order shall come into force–
a
for the purposes of all proceedings preliminary or relating to any election to be held on 1st May 2003, on 10th October 2002;
b
for all other purposes, on 1st May 2003.
3
In this Order–
“the borough” means the borough of Epsom and Ewell;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map prepared by the Department of the Environment, Transport and the Regions marked “Map of the Borough of Epsom and Ewell (Electoral Changes) Order 1999”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of Epsom and Ewell
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into thirteen wards which shall bear the names set out in column (1) of the Schedule.
3
The wards shall comprise the areas designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (2) of the Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, waterway or similar geographical feature, it shall be treated as running along the centre line of the feature.
Revocation
3
The Borough of Epsom and Ewell (Electoral Arrangements) Order 1975 is hereby revoked.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Beverley Hughes
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
6th September 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Scotland Act 1998 (Agency Arrangements) (Specification) (No. 2) Order 1999.
2
This Order shall come into force on 1st February 2000.
Specification of functions
2
The functions conferred on the Scottish Ministers by section 92(1) and (2) of the Finance Act 1965 are hereby specified for the purposes of section 93(1) of the Scotland Act 1998.
A.K. Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Merchant Shipping (Fees) (Amendment) Regulations 1999 and shall come into force on 10th May 1999.
Amendment of the Merchant Shipping (Fees) Regulations 1999
2
1
The Merchant Shipping (Fees) Regulations 1996 shall be amended as follows.
2
In Part I of the Schedule, in paragraph 2(2)(a):
i
for “£23.66” there shall be substituted “£24.40”; and
ii
for “£26.75” there shall be substituted “£27.60”.
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
29th March 1999
We consent to the making of these Regulations
David Jamieson
Bob Ainsworth
Two of the Commissioners of Her Majesty’s Treasury
30th March 1999


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Environmental Impact Assessment (Fish Farming in Marine Waters) Regulations 1999 and shall come into force on 14th March 1999.
2
These Regulations apply in any case where a person makes or is minded to make any application specified in paragraph (3) on or after 14th March 1999, and where–
a
any part of the proposed development is to be carried out in a sensitive area, or
b
the proposed development is designed to hold a biomass of 100 tonnes or greater, or
c
the proposed development will extend to 0.1 hectare or more of the surface area of the marine waters, including any proposed structures or excavations.
3
The following applications are specified for the purposes of paragraph (2)–
a
an application to the Crown Estate Commissioners for consent for fish farming in marine waters, other than in the waters described in sub-paragraphs (b) and (c);
b
an application to Shetland Islands Council for a licence under section 11 of the Zetland County Council Act 1974 as regards fish farming within the coastal area defined in that Act;
c
an application to Orkney Islands Council for a licence under section 11 of the Orkney County Council Act 1974 as regards fish farming within a harbour area defined in that Act.
Interpretation
2
1
In these Regulations, unless the contrary intention appears–
“the Directive” means Council Directive 85/337/EEC , as amended by Council Directive 97/11/EC ;
“document” includes a map, diagram, illustration or other descriptive matter in any form and also includes where appropriate a copy of a document;
“environmental information” means–
any environmental statement, including any further information provided by the applicant, required to be provided by these Regulations;
any representations made by an authority, body or person required by these Regulations to be invited to make representations or be consulted; and
any representations duly made by any other person about the likely environmental effects of the proposed development;
“environmental statement” means a statement–
that includes such of the information referred to in Part I of Schedule 2 as is reasonably required to assess the environmental effects of the development and which the applicant can, having regard in particular to current knowledge and methods of assessment, reasonably be required to compile, but
which includes at least the information referred to in Part II of Schedule 2.
“fish farming” means keeping live fish, excluding shellfish, (whether or not for profit) with a view to their sale or to their transfer to other marine waters;
“inland waters” means waters within Great Britain which do not form part of the sea or of any creek, bay or estuary or of any river as far as the tide flows;
“local planning authority” means any authority which is a local planning authority for the purposes of the Town and Country Planning (Scotland) Act 1997 in Scotland or the Town and Country Planning Act 1990 in England and Wales;
“marine waters” means waters within seaward limits of the territorial sea adjacent to Great Britain, other than–
inland waters; and
waters within the jurisdiction of a local planning authority;
“relevant authority” means the Crown Estate Commissioners, Shetland Islands Council or Orkney Islands Council, as the case may be;
“scoping opinion” means a written statement of the opinion of the relevant authority under regulation 6 as to the information to be provided in the environmental statement;
“screening opinion” means a written statement of the opinion of the relevant authority under regulation 4 as to whether an environmental assessment is required;
“selection criteria” means the criteria set out in Schedule 1;
“sensitive area” means any of the following–
a site of special scientific interest, that is to say, land notified under section 28 (areas of special scientific interest) of the Wildlife and Countryside Act 1981 ;
land to which subsection (3) of section 29 (nature conservation orders) of the Wildlife and Countryside Act 1981 applies;
a National Park within the meaning of the National Parks and Access to the Countryside Act 1949 ;
a property appearing on the World Heritage list kept under article 11(2) of the 1972 UNESCO Convention for the Protection of the World Cultural and Natural Heritage ;
a scheduled monument within the meaning of the Ancient Monuments and Archaeological Areas Act 1979 ;
an area of outstanding natural beauty designated as such by an order made by the Countryside Commission, as respects England, or the Countryside Council for Wales, as respects Wales, under section 87 (designation of areas of outstanding natural beauty) of the National Parks and Access to the Countryside Act 1949 as confirmed by the Secretary of State;
an area designated as a natural heritage area by a direction made by the Secretary of State under section 6(2) of the Natural Heritage (Scotland) Act 1991 or as a national scenic area by a direction made by the Secretary of State under section 262C of the Town and Country Planning (Scotland) Act 1972 ;
national nature reserves designated by Scottish Natural Heritage under the Wildlife and Countryside Act 1981 ;
a European site within the meaning of regulation 10 of the Conservation (Natural Habitats & c.) Regulations 1994 ;
Ramsar sites listed under the Convention on Wetlands of International Importance, especially as Waterfowl Habitat ; and
references to Schedules are references to Schedules to these Regulations.
2
Expressions used both in these Regulations and in the Directive have the same meaning for the purposes of these Regulations as they have for the purposes of the Directive.
Prohibition on the granting of consent or licence without consideration of environmental information
3
1
The relevant authority shall not grant consent or, as the case may be, a licence as regards fish farming in marine waters where the proposed development will be likely to have significant effects on the environment by virtue inter alia of its nature, size or location unless they have taken into consideration the environmental information in respect of the proposed development and state in their decision that they have done so.
2
In a case to which regulation 15 (development in Great Britain likely to have significant effects in another Member State) applies, paragraph (1) of this regulation is subject to the procedures for which that regulation applies.
Screening opinion of the relevant authority
4
1
A person who is minded to apply for consent or, as the case may be, a licence as regards fish farming in marine waters may ask the relevant authority to state in writing their opinion as to whether an environmental assessment is required; and such an opinion is referred to in these Regulations as a “screening opinion”.
2
A request under paragraph (1) shall be accompanied by–
a
a plan showing the location and extent of the site of the proposed fish farm;
b
a brief outline of the proposed annual scale of production in tonnes (dead weight), the biomass capacity of the development, the equipment to be installed on site and of the possible effects of the development on the environment;
c
a statement of the proposed servicing methods and of any intended associated development; and
d
such other information or representations as the person making the request may wish to provide or make.
3
The relevant authority receiving a request under paragraph (1) shall, if they consider that they have not been provided with sufficient information to give an opinion on the questions raised, notify the person making the request of particular points on which they require further information.
4
In coming to a view as to whether consideration of environmental information is required the relevant authority shall consult such authorities, bodies or persons mentioned in Schedule 3 as they consider appropriate.
5
The relevant authority shall respond to such a request within 6 weeks commencing with the date of receipt of the request or such longer period as may be agreed in writing with the person making the request.
6
In giving a screening opinion, the relevant authority shall take into account such of the selection criteria set out in Schedule 1 as are relevant to the proposed development.
7
If, in response to such a request, the relevant authority express a screening opinion to the effect that consideration of environmental information would be required before consent or a licence could be granted for the proposed development, they shall provide with the screening opinion a written statement giving clearly and precisely the reasons for their conclusion and provide notice that the applicant shall supply the authorities, bodies and persons, which have been consulted under paragraph (4), with such further information about the proposed development as they may request.
8
Where the relevant authority express a screening opinion under paragraph (7) to the effect that consideration of environmental information would be required, that authority shall inform such of the authorities, bodies and persons mentioned in Schedule 3 as shall be appropriate according to the circumstances mentioned therein of the requirement for an environmental statement and that they may be required to make available to the applicant, in accordance with regulation 7(1), any information in their possession which he or they consider relevant to the preparation of an environmental statement.
9
The relevant authority shall make available for public inspection at all reasonable hours at an appropriate place, a copy of–
a
any opinion given pursuant to a request under paragraph (1),
b
any accompanying statement of reasons,
c
the relevant request and the documents which accompanied it.
Application made to the relevant authority without an environmental statement
5
Where it appears to the relevant authority that an application for consent or, as the case may be, a licence as regards fish farming in marine waters has not been the subject of a screening opinion and the application is not accompanied by a statement referred to by the applicant as an environmental statement for the purposes of these Regulations, paragraphs (3) to (9) of regulation 4 shall apply as if the receipt of the application were a request made under paragraph (1) of regulation 4.
Scoping opinion of the relevant authority
6
1
A person who is minded to apply for consent or, as the case may be, a licence as regards fish farming in marine waters may ask the relevant authority to state in writing their opinion as to the information to be provided in the environmental statement; and such an opinion is referred to in these Regulations as a “scoping opinion”.
2
A request under paragraph (1) shall be accompanied by–
a
a plan showing the location and extent of the site of the proposed fish farm;
b
a brief outline of the proposed annual scale of production in tonnes (dead weight), the biomass capacity of the development, the equipment to be installed on site and of the possible effects of the development on the environment;
c
a statement of the proposed servicing methods and of any intended associated development; and
d
such other information or representations as the person making the request may wish to provide or make.
3
The relevant authority receiving a request under paragraph (1) shall, if they consider that they have not been provided with sufficient information to give a scoping opinion, notify the person making the request of the particular points on which they require further information.
4
The relevant authority shall not give a scoping opinion in response to a request under paragraph (1) until they have consulted the person who made the request and such bodies mentioned in Schedule 3 as they consider appropriate.
5
The relevant authority shall, subject to paragraph (6), respond to such a request within 6 weeks commencing with the date of receipt of the request or such longer period as may be agreed in writing with the person making the request.
6
Where a person has, at the same time as making a request for a screening opinion under paragraph (1) of regulation 4, asked the relevant authority for an opinion under paragraph (1) of this regulation, and the relevant authority have given a screening opinion to the effect that consideration of environmental information is required, the relevant authority shall give a scoping opinion within 6 weeks commencing with the date on which that screening opinion was given or such longer periods as may be agreed in writing with the person making the request.
7
In giving a scoping opinion the relevant authority shall take into account–
a
the specific characteristics of the proposed development; and
b
the environmental features likely to be affected by the development.
8
Where the relevant authority have given a scoping opinion in response to a request under paragraph (1) they shall not be precluded from requiring of the person to whom that opinion was given further information in connection with a statement submitted by the applicant which he refers to as an environmental statement for the purposes of these Regulations in connection with an application for consent or a licence for the same, or substantially the same, development as was referred to in the request.
Provision of relevant information
7
1
Subject to paragraph (2), any authority, body or person notified in accordance with these Regulations that a person has applied for consent or a licence for a development to which the prohibition in regulation 3 applies shall, if requested by the applicant, or may, without any such request, enter into consultation with him with a view to ascertaining whether they have any information in their possession which he or they consider relevant to the preparation of the environmental statement and shall make any such information available to him.
2
Nothing in paragraph (1) shall require the disclosure of any information which the body concerned are entitled or bound to hold in confidence or must be so treated under regulation 4 of the Environmental Information Regulations 1992 .
Publicity where an environmental statement is submitted
8
1
In complying with a screening opinion that an environmental statement is required, the applicant shall, before submitting a statement which he refers to as an environmental statement for the purposes of these Regulations, comply with paragraphs (2) and (3).
2
The applicant shall publish in a local newspaper circulating in the locality in which the proposed development is to be situated a notice stating–
a
the location of the proposed fish farm;
b
where the application and the environmental statement may be inspected, which shall be at a Post Office in the locality nearest to the proposed development;
c
the address at which copies of the application and the environmental statement may be obtained;
d
the cost of a copy of the environmental statement;
e
that representations in writing may be made to the relevant authority, within a specified period being not less than 28 days from the date of said notice.
3
The environmental statement, when submitted, shall be accompanied by a copy of the notice mentioned in paragraph (2) certified by or on behalf of the applicant as having been published in a named newspaper on a date specified in the certificate.
Consultation on environmental statement
9
1
Where the relevant authority receive an environmental statement relating to an application to which the prohibition in regulation 3 applies, they shall consult the authorities, bodies and persons mentioned in Schedule 3, according to the circumstances mentioned therein, about the environmental statement and such other persons, groups or bodies as they consider appropriate.
2
Where an applicant submits an environmental statement to the relevant authority he shall supply them with enough copies of the environmental statement or parts thereof to enable them to comply with paragraph (1) and one additional copy.
3
Where, under this regulation, the relevant authority consult any authority, body or person–
a
they shall give not less than 28 days' notice to such authority, body or person that environmental information is to be taken into consideration; and
b
they shall not grant consent or a licence for the development to which the environmental information relates until after the expiration of the period of such notice.
4
Where any authority, body or person which the relevant authority is required to consult under this regulation consider that consultation with them is not required in respect of any environmental statement relating to any case or class of case, or relating to any specified area they shall so inform the relevant authority in writing and notwithstanding the foregoing provisions of this regulation the relevant authority shall not be required so to consult them.
Further information and evidence relating to environmental statements
10
1
The relevant authority, when dealing with an application in relation to which an environmental statement has been provided which is referred to by the applicant as an environmental statement for the purposes of these Regulations, may in writing require the applicant to provide such further information as may be specified to enable the application to be determined, or concerning any matter which is required to be dealt with in the environmental statement; and where in the opinion of the relevant authority–
a
the applicant could (having regard in particular to current knowledge and methods of assessment) provide further information about any matter mentioned in Schedule 2; and
b
that further information is reasonably required to give proper consideration to the likely environmental effects of the proposed development,
they shall notify the applicant in writing and the applicant shall provide that further information.
2
The relevant authority may in writing require to be produced to them such evidence, in respect of any environmental statement which it falls to them to take into consideration, as they may reasonably call for to verify any information it contains.
Intimation of decision
11
Where the relevant authority have decided an application to which the prohibition in regulation 3 applies, they shall–
a
inform the applicant and all authorities, bodies or persons consulted under regulation 9 of their decision, and of any conditions attached to it;
b
inform the public of the decision, by publishing a notice in a newspaper circulating in the locality of the site concerned, or by such other means as are reasonable in the circumstances; and
c
make available for public inspection, at all reasonable hours and free of charge, a statement containing–
i
the content of the decision and any conditions attached thereto;
ii
the main reasons and considerations on which the decision is based; and
iii
a description, where necessary, of the main measures to avoid, reduce and, if possible, offset the major adverse effects of the development.
Orkney and Shetland: calculation of period for decision on works licence application
12
For the purpose of calculating the period of time which elapses before Shetland County Council or, as the case may be, Orkney Islands Council are deemed to have refused an application for a works licence by virtue of section 11(4)(b) of the Zetland County Council Act 1974 or section 11(5) of the Orkney County Council Act 1974 respectively, no account shall be taken of any period falling between the date of making the application and the date of receipt by the Council of an environmental statement relating to the application.
Orkney and Shetland: appeals against decision on works licence
13
1
This regulation applies where an appeal is made to the Secretary of State under section 13 of the Zetland County Council Act 1974, or section 13 of the Orkney County Council Act 1974, against a decision which relates to an application for a development to which the prohibition in regulation 3 applies.
2
The Secretary of State shall not dispose of any such appeal by confirming a decision of the Council concerned to grant the licence unless he has taken into consideration the environmental information in respect of the proposed development and states in his decision that he has done so.
3
For the purposes of any such appeal, regulation 10 shall apply with the following modifications–
a
for any reference to “the relevant authority” there is substituted “the Secretary of State”;
b
any reference to “the applicant” means the person who submitted the application to the Council for a licence; and
c
any reference to the “application” means the appeal relating to that application.
4
The Secretary of State shall intimate his decision on the appeal to the Council and to the appellant.
5
Regulation 11 shall apply to the Council in relation to the decision of the Secretary of State on any such appeal as it applies to a decision by them on an application to which the prohibition in regulation 3 applies.
Charges
14
1
A reasonable charge reflecting the costs of printing, copying and distribution may be made to the public for copies of an environmental statement made available to them under regulation 8 and for copies in excess of one copy for each authority, body or person consulted under regulation 9.
2
An authority, body or person entering into consultation under regulation 9, having been requested to do so, may make a reasonable charge reflecting the costs of making available information which they had in their possession.
Development in Great Britain likely to have significant effects in another Member State
15
1
Where–
a
it comes to the attention of the Secretary of State that development proposed to be carried out is likely to have significant effects on the environment in another Member State; or
b
another Member State likely to be significantly affected by such development so requests,
the Secretary of State shall–
i
send to the Member State as soon as possible and no later than their date of publication in the London Gazette or the Edinburgh Gazette referred to in sub-paragraph (ii) below, the particulars mentioned in paragraph (2) and, if he thinks fit, the information referred to in paragraph (3); and
ii
publish the particulars mentioned in sub-paragraph (i) above in a notice in the London Gazette or, having regard to the location of the proposed development, in the Edinburgh Gazette, with an indication of where further information is available; and
iii
give the Member State a reasonable time in which to indicate whether it wishes to participate in the procedure for which these Regulations provide.
2
The particulars referred to in paragraph (1)(i) are–
a
a description of the development, together with any available information on its possible transboundary impact; and
b
information on the nature of the decision which may be taken.
3
Where a Member State indicates, in accordance with paragraph (1)(iii), that it wishes to participate in the procedure for which these Regulations provide, the Secretary of State shall as soon as possible send to that Member State the following information–
a
a copy of the application concerned;
b
a copy of the environmental statement in respect of the development to which that application relates; and
c
relevant information regarding the procedure under these Regulations,
but only to the extent that such information has not been provided to the Member State earlier in accordance with paragraph (1)(i).
4
The Secretary of State in so far as he is concerned, shall also–
a
arrange for the particulars and information referred to in paragraphs (2) and (3) to be made available, within a reasonable time, to the authorities referred to in Article 6(1) of the Directive and the public concerned in the territory of the Member State likely to be significantly affected; and
b
ensure that those authorities and the public concerned are given an opportunity, before consent or a licence for the development is granted, to forward to the Secretary of State, within a reasonable time, their opinion on the information supplied.
5
The Secretary of State shall in accordance with Article 7(4) of the Directive–
a
enter into consultations with the Member State concerned regarding, inter alia, the potential transboundary effects of the development and the measures envisaged to reduce or eliminate such effects; and
b
determine in agreement with the other Member State a reasonable period of time for the duration of the consultation period.
6
Where a Member State has been consulted in accordance with paragraph (4), on the determination of the application concerned the Secretary of State shall inform the Member State of the decision and shall forward to it a statement of–
a
the content of the decision and any conditions attached thereto;
b
the main reasons and considerations on which the decision is based; and
c
a description, where necessary, of the main measures to avoid, reduce and, if possible, offset the major adverse effects of the development.
Revocation and transitional savings
16
1
Subject to paragraph (2), the Environmental Assessment (Salmon Farming in Marine Waters) Regulations 1988 are hereby revoked.
2
The Regulations referred to in paragraph (1) shall continue to apply to applications to which those Regulations applied immediately before the coming into force of these Regulations.
Donald C Dewar
One of Her Majesty’s Principal Secretaries of State
St Andrew’s House,
Edinburgh
15th February 1999


text:
Citation and commencement
1
This Order may be cited as the Leicestershire and Rutland Healthcare National Health Service Trust (Establishment) Amendment Order 1999 and shall come into force on 8th July 1999.
Amendment of NHS trust Establishment Order
2
In article 4 of the Leicestershire and Rutland Healthcare National Health Service Trust (Establishment) Order 1998 , for “5 non-executive” substitute “6 non-executive”.
Signed by authority of the Secretary of State for Health
Tessa Jowell
Minister of State for Public Health,
Department of Health
25th June 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Scottish Parliament (Letters Patent and Proclamations) Order 1999 and shall come into force on 6th May 1999.
2
In this Order–
“the 1998 Act ” means the Scotland Act 1998;
“ Letters Patent ” means Letters Patent signed with Her Majesty’s own hand signifying Her Assent to a Bill passed by the Scottish Parliament; and
“proclamations” means royal proclamations under sections 2(5) and 3(2) of the 1998 Act.
Form of Letters Patent and proclamations
2
The form of words to be used–
a
in Letters Patent shall be that set out in Part I of the Schedule to this Order;
b
in royal proclamations under section 2(5) of the 1998 Act shall be that set out in Part II of that Schedule; and
c
in royal proclamations under section 3(2) of the 1998 Act shall be that set out in Part III of that Schedule,
subject only to such variations as are necessitated by the circumstances.
Preparation of Letters Patent and proclamations
3
Letters Patent and proclamations may be printed or written or partly printed and partly written, and may be prepared on paper or parchment.
Publication of Letters Patent and proclamations
4
1
As soon as is reasonably practicable after intimation of the date of their recording in the Register of the Great Seal is received by the Clerk of the Parliament, Letters Patent shall be notified by the Presiding Officer to the Parliament at a meeting of the Parliament, or by such other means as the Presiding Officer may consider appropriate, and shall be published in the London, Edinburgh and Belfast Gazettes.
2
Proclamations shall be published in the London, Edinburgh and Belfast Gazettes.
A K Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Financial Services Act 1986 (Overseas Investment Exchanges and Overseas Clearing Houses) (Periodical Fees) Regulations 1999 and shall come into force on 1st July 1999.
Prescription of periodical fees
2
1
An overseas investment exchange or an overseas clearing house shall pay to the Treasury a periodical fee of £9,000.
2
Such a fee shall be payable by an overseas investment exchange or an overseas clearing house–
a
on the date on which it becomes an overseas investment exchange or an overseas clearing house, and
b
on each anniversary of the date on which it became an overseas investment exchange or an overseas clearing house.
Revocation
3
The Financial Services Act 1986 (Overseas Investment Exchanges and Overseas Clearing Houses) (Periodical Fees) Regulations 1993 are revoked.
Jane Kennedy
Clive Betts
Two of the Lords Commissioners of Her Majesty’s Treasury
8th June 1999


text:
Citation and commencement
1
This Order may be cited as the Scottish Adjacent Waters Boundaries Order 1999 and shall come into force on the principal appointed day .
Interpretation
2
In this Order–
“co-ordinate” means a co-ordinate on the Ordnance Survey of Great Britain 1936 Datum;
“line”, in relation to any list of co-ordinates in this Order, means a loxodromic line.
Boundaries – internal waters and territorial sea
3
For the purposes of the Scotland Act 1998, the boundaries between waters which are to be treated as internal waters or territorial sea of the United Kingdom adjacent to Scotland and those which are not, shall be–
a
off the east coast of Great Britain, a line joining the co-ordinates set out in Part I of the Schedule to this Order, and
b
off the west coast of Great Britain a line joining,
i
the co-ordinates set out in Section 1 of Part II of that Schedule, and then
ii
the seaward limit of the United Kingdom territorial sea, and then
iii
the co-ordinates set out in Section 2 of Part II of that Schedule.
Boundaries – sea within British fishery limits
4
For the purposes of the Scotland Act 1998, the boundaries between waters which are to be treated as sea within British fishery limits adjacent to Scotland and those which are not, shall be–
a
off the east coast of Great Britain,
i
the line referred to in article 3(a) above, and then
ii
a line joining the co-ordinates set out in Schedule 2 to this Order.
b
off the west coast of Great Britain,
i
the line referred to in article 3(b) above, and then
ii
the seaward limit of the United Kingdom territorial sea adjacent to Northern Ireland between the following co-ordinates–
55° 26' 37"N 06° 34' 40"W, and 55° 24' 54"N 06° 44' 36"W.
A. K. Galloway
Clerk of the Privy Council