text:
1
This Order may be cited as the Rail Vehicle Accessibility (South West Trains Class 458 Vehicles) Exemption Order 1999 and shall come into force on 24th September 1999.
2
Any reference in this Order to a numbered regulation is a reference to a regulation bearing that number in the Rail Vehicle Accessibility Regulations 1998 .
3
This order applies to the rail vehicles which are numbered 67601 to 67630, 74001 to 74030, 74101 to 74130 and 67701 to 67730 and which form the electrical multiple-units numbered 458001 to 458030 of the class known as “Class 458” (“the exempted vehicles”) as manufactured by ALSTOM Transport Limited for use by South West Trains Limited.
4
1
Subject to articles 5 and 6 below, the exempted vehicles are hereby authorised to be used for carriage even though they do not conform with those provisions of the Rail Vehicle Accessibility Regulations 1998 referred to in paragraph (2) below.
2
The provisions with which the exempted vehicles are not required to conform are —
regulation 4(2) and (3)(b);
regulation 5(1) (a) and (c);
regulation 6(1) (b) and (d);
regulation 11(1)(a);
regulation 13(7), but only in so far as it relates to the height of letters and numbers on visual systems which are not on the front of an exempted vehicle; and
regulation 20(1)(d) and (e).
5
1
The exemption given in respect of regulation 4(2) shall cease at the end of 30th September 2001.
2
The exemption given in respect of regulation 4(3)(b) shall cease at the end of 31st December 2000.
3
The exemption given in respect of regulations 5(1)(a), 6(1)(d), 11(1)(a) and 20(1)(d) and (e) shall cease at the end of 31st December 2010.
4
The exemption given in respect of regulation 5(1)(c) shall cease —
a
at the end of 31st December 2010; or
b
in respect of an exempted vehicle in which all the door control devices for the doors in all the doorways inside, and in both ends of, the exempted vehicle and the control systems for those doorways are replaced before that date, when such replacement occurs.
5
The exemption given in respect of regulation 6(1)(b) shall cease —
a
at the end of 30th September 2004; or
b
in respect of an exempted vehicle in which the band of colour across the front of a top tread at an external doorway is renewed before that date, when such renewal occurs.
6
The exemption given in respect of regulation 13(7) shall cease —
a
at the end of 30th September 2004; or
b
in respect of an exempted vehicle in which the public addresses system for visual announcements is replaced by another system for such announcements before that date, when such replacement occurs.
6
The authorisation shall cease forthwith in respect of an exempted vehicle which is operated by a person other than South West Trains Limited unless the Secretary of State has been given written notice in advance specifying the name and address of that other person.
Signed by authority of the Secretary of Statefor the Environment, Transport and the Regions
Gus Macdonald
Minister of State,Department of the Environment, Transport and the Regions
2nd September 1999


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Value Added Tax (Buildings and Land) Order 1999 and shall come into force on 10th March 1999 in respect of supplies, other than a supply arising from a relevant pre-commencement grant within the meaning of section 37 of the Finance Act 1997 , made on or after that date.
2
Schedule 10 to the Value Added Tax Act 1994 shall be amended in accordance with the following articles.
3
In paragraph 2(3AA)(b) after “at the time of the grant” there shall be inserted “or at the time it was treated as made by virtue of sub-paragraph (3AAA) below,”.
4
After paragraph 2(3AA) there shall be inserted —
3AAA
For the purposes of sub-paragraph (3AA) above a grant (the original grant) in relation to land made on or after 19th March 1997 and before 10th March 1999 shall be treated as being made on 10th March 1999 if at the time of the original grant —
a
the grantor or a person responsible for financing the grantor’s development of the land for exempt use, intended or expected that the land or a building or part of a building on, or to be constructed on, that land would become an asset falling in relation to —
i
the grantor, or
ii
any person to whom that land, building or part of a building was to be transferred either in the course of a supply or in the course of a transfer of a business or part of a business as a going concern,
to be treated as a capital item for the purposes of any regulations made under section 26(3) and (4) providing for adjustments relating to the deduction of input tax to be made as respects that item, and
b
the land or a building or part of a building on, or to be constructed on, that land had not become such an asset.
.
5
Paragraph 3A shall be amended as follows —
a
in sub-paragraph (1) after “paragraph 2(3AA)” there shall be inserted “and (3AAA)”;
b
for sub-paragraph (2), there shall be substituted —
2
For the purposes of paragraph 2(3AA) and (3AAA) above, a grant made by any person in relation to any land is a grant made by a developer of that land if —
a
the land or building or part of a building on that land is an asset falling in relation to that person to be treated as a capital item for the purposes of any regulations under section 26(3) and (4) providing for adjustments relating to the deduction of input tax; or
b
that person or a person financing his development of the land for exempt use intended or expected that the land or a building or part of a building on, or to be constructed on, that land would become an asset falling in relation to —
i
the grantor, or
ii
any person to whom it was to be transferred either in the course of a supply or in the course of a transfer of a business or part of a business as a going concern,
to be treated as a capital item for the purposes of the regulations referred to in sub-paragraph (a) above,
unless the grant was made at a time falling after the expiry of the period over which such regulations require or allow adjustments relating to the deduction of input tax to be made as respects that item.;
c
in sub-paragraph (3) after “paragraph 2(3AA)” there shall be inserted “and (3AAA)”;
d
for sub-paragraph (6) there shall be substituted —
6
In sub-paragraph (4) above the references to the grantor’s development of the land are references to the acquisition by the grantor of the asset which —
a
consists in the land or a building or part of a building on the land, and
b
in relation to the grantor falls or, as the case may be, is intended or expected to fall to be treated for the purposes mentioned in sub-paragraph (2)(a) or (b) above as a capital item;
and for the purposes of this sub-paragraph the acquisition of an asset shall be taken to include its construction or reconstruction and the carrying out in relation to that asset of any other works by reference to which it falls or, as the case may be, is intended or expected to fall, to be treated for the purposes mentioned in sub-paragraph (2)(a) or (b) above as a capital item.
: and
e
in sub-paragraph (7),
i
after “paragraph 2(3AA)” there shall be inserted “and (3AAA)”;
and
ii
for “at a time falling within the period mentioned in sub-paragraph (2)(b) above”, there shall be substituted “at a time falling before the expiry of the period provided in regulations made under section 26(3) and (4) for the making of adjustments relating to the deduction of input tax as respects that land”.
David Jamieson
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
9th March 1999


text:
1
This Scheme may be cited as the M1 Motorway (Junction 15) Connecting Roads Scheme 1999 and shall come into force on 27th August 1999.
2
In this Scheme–
(i) “connecting road” means a special road along a route described in the Schedule to this Scheme; (ii) “the deposited plan” means the plan folio numbered 065/001/000004, marked “The M1 Motorway (Junction 15) Connecting Roads Scheme 1999”, signed by authority of the Secretary of State and deposited at the Highways Agency, St Christopher House, Southwark Street, London, SE1 0TE; (iii) “the Motorway” means the M1 Motorway; and (iv) “the special roads” means each connecting road.
3
The Secretary of State is authorised to provide the special roads for the exclusive use of traffic of Classes I and II of the classes of traffic set out in Schedule 4 to the Highways Act 1980.
4
The centre line of each of the special roads is indicated by a heavy black line on the deposited plan.
5
Each of the special roads shall become a trunk road on the date when this Scheme comes into force.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
J P Boud
A Divisional Director in the Highways Agency
4th August 1999


text:
Title and commencement
1
These Regulations may be cited as the Food Labelling (Amendment) Regulations 1999 and shall come into force on 19th March 1999.
Amendment of the Food Labelling Regulations 1996
2
The Food Labelling Regulations 1996 shall be amended in accordance with regulations 3 to 12 of these Regulations.
3
In regulation 2(1) (interpretation)–
a
there shall be inserted after the definition of “food for a particular nutritional use” the following definition–
“the GMO particulars” means the additional specific labelling particulars required by Article 2(3) of Regulation 1139/98;
;
b
there shall be inserted after the definition of “recommended daily allowance” the following definition–
“Regulation 1139/98” means Council Regulation ( EC ) No. 1139/98 (as corrected ) concerning the compulsory indication, on the labelling of certain foodstuffs produced from genetically modified organisms, of particulars other than those provided for in Directive 79/112/ EEC ;
.
4
In regulation 3(1)(iv) (exemptions), there shall be substituted for the words “and Directive 94/54” the words “, Directive 94/54 and Regulation 1139/98”.
5
In regulation 26 (small packages and certain indelibly marked bottles)–
a
in paragraph (1) there shall be substituted for the words from “by virtue of” to the end the words
–
by virtue of these Regulations be marked or labelled with–
any of the particulars specified in regulation 5 except the name of the food and, unless the food is not required to be marked or labelled with such an indication, the appropriate durability indication, or
any of the particulars specified in regulations 33 and 34, where but for this regulation they would otherwise be required, or
be marked or labelled with the GMO particulars, where but for this regulation they would otherwise be required.
;
b
in paragraph (3) there shall be substituted for the words “particulars specified in regulations 32, 33 and 34” the words “other particulars mentioned in paragraph (3A) of this regulation”;
c
after paragraph (3) there shall be inserted the following paragraph–
3A
The other particulars for the purposes of paragraph (3) of this regulation are those specified in regulations 32, 33 and 34 and, in the case of any food to which paragraph (1) of this regulation applies, the GMO particulars.
.
6
In regulation 35 (general requirement as to manner of marking or labelling), there shall be inserted after the words “by these Regulations” the words “or by Regulation 1139/98”.
7
In regulation 36 (manner of marking or labelling in the case of food to which regulation 23 or 27 applies)–
a
in paragraph (1)–
i
there shall be inserted after the words “by these Regulations” the words “or by Regulation 1139/98”;
ii
there shall be inserted after the words “paragraph (2)” the words “or (4A)”;
b
in paragraph (2) there shall be inserted after the words “use of alternative labelling” the words “relating to irradiation”;
c
there shall be inserted after paragraph (4) the following paragraphs–
4A
In any case where food–
a
is food to which the labelling requirements of Regulation 1139/98 apply,
b
is–
i
not prepacked, or
ii
prepacked for direct sale, and
c
is sold to the ultimate consumer at appropriate premises,
use of alternative labelling in place of the GMO particulars shall not alone be treated as a contravention of those labelling requirements and for this purpose alternative labelling is used where, instead of the particulars referred to in Article 2(3) of that Regulation appearing in the manner specified in paragraph (1)(a) or (b) of this regulation, alternative particulars are displayed in accordance with paragraph (4B) of this regulation.
4B
Alternative particulars are displayed in accordance with this paragraph in relation to any food referred to in paragraph (4A) of this regulation if there appears on a menu, notice, ticket or label which is readily discernible by an intending purchaser and which is located at the place at the premises where he chooses that food, indications to the effect that some of the food sold at those premises contains ingredients produced from genetically modified soya beans or maize, or both, as the case may be, and that further information is available from the staff.
4C
In paragraph (4A)(c) of this regulation “appropriate premises” means premises where–
a
the staff provide clarification at the request of an intending purchaser as to whether particular food sold at those premises, other than food falling within Article 1(2) or 2(2) of Regulation 1139/98, is produced in whole or in part from a genetically modified product referred to in Article 1(1) of that Regulation, and
b
there is an established procedure at those premises for keeping staff informed of that information.
.
8
In regulation 38(1) (intelligibility of marking or labelling), there shall be inserted after the words “by these Regulations” the words “or by Regulation 1139/98”.
9
In regulation 44(1) (offences and penalties), there shall be inserted after sub-paragraph (e) the word “or” and the following sub-paragraph–
f
sells any food to which the labelling requirements of Regulation 1139/98 apply which is not marked or labelled with the GMO particulars, except in the case of any food to which regulation 36(4A) applies and in respect of which alternative particulars are displayed in accordance with regulation 36(4B),
.
10
In regulation 47(b) (defence in relation to exports), there shall be substituted for the words “and Directive 94/54” the words “, Directive 94/54 and Regulation 1139/98”.
11
There shall be substituted for regulation 48 (application of various sections of the Food Safety Act 1990) the following section–
Application of various provisions of the Act
48
1
The following provisions of the Act shall apply for the purposes of these Regulations and, unless the context otherwise requires, any reference in those provisions to the Act or Part thereof shall be construed for the purposes of these Regulations as a reference to these Regulations–
section 2 (extended meaning of “sale” etc. );
section 3 (presumption that food is intended for human consumption);
section 20 (offences due to fault of another person);
section 21 (defence of due diligence) as it applies for the purposes of section 8, 14 or 15;
section 22 (defence of publication in the course of a business);
section 30(8) (which relates to documentary evidence);
section 33 (obstruction etc. of officers);
section 36 (offences by bodies corporate);
section 44 (protection of officers acting in good faith).
2
In the application of section 32 of the Act (powers of entry) for the purposes of these Regulations, the reference in subsection (1)(a) to the Act shall be construed as including a reference to Regulation 1139/98.
3
The penalty provisions in section 35(1) of the Act (punishment of offences) shall apply in relation to an offence under section 33(1) of the Act as applied by these Regulations, and the penalty provisions in section 35(2) and (3) of the Act shall apply in relation to an offence under 33(2) of the Act as applied by these Regulations.
.
12
In regulation 50 (transitional provision) there shall be inserted at the end the following paragraphs–
5
The following provisions of these Regulations shall not apply in relation to the sale of any relevant food before 19th September 1999–
a
regulation 44(1)(a), as read with regulation 36 or 38, in relation to the particulars with which food is required to be marked or labelled by Regulation 1139/98, and
b
regulation 44(1)(f).
6
In any proceedings for an offence in relation to any relevant food under–
a
regulation 44(1)(a), as read with regulation 36 or 38, in relation to the particulars with which food is required to be marked or labelled by Regulation 1139/98, or
b
regulation 44(1)(f),
it shall be a defence to prove that the food was prepared using an ingredient which was on sale before 1st September 1998.
7
For the purposes of paragraphs (5) and (6) of this regulation, “relevant food” means food which–
a
is sold to the ultimate consumer, and
b
is–
i
not prepacked, or
ii
prepacked for direct sale.
.
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
17th March 1999
Frank Dobson
Secretary of State for Health
17th March 1999
Signed by authority of the Secretary of State for Wales:
Jon Owen Jones
Parliamentary Under Secretary of State, Welsh Office
17th March 1999
Calum MacDonald
Parliamentary Under Secretary of State, Scottish Office
17th March 1999


text:
Citation and commencement
1
These Regulations may be cited as the Water Supply (Water Fittings) (Amendment) Regulations 1999 and shall come into force on 1st July 1999.
Amendment of the Water Supply (Water Fittings) Regulations 1999
2
1
The Water Supply (Water Fittings) Regulations 1999 are amended as follows.
2
In regulation 5(3)(d) (notification) for “paragraph (1)(d)(iii)–(v) or (1)(e)” substitute “paragraph 4(a), (c), (h) or 5 in the Table”.
3
In regulation 6(2) (contractor’s certificate) for “paragraph 5” substitute “regulation 5(1)”.
4
In regulation 10(1) (enforcement) for “Part I” substitute “Part II”.
5
In Schedule 2 (requirements for water fittings)–
a
in paragraph 14(2) (prevention of cross connection to unwholesome water), at the end insert “unless a device for preventing backflow is installed in accordance with paragraph 15.”
b
in paragraph 17(1)(a) (hot water services), for the words from “a vent pipe” to “relief valve” substitute “a temperature control device and either a temperature relief valve or a combined temperature and pressure relief valve”.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Michael Meacher
Minister of State,
Department of the Environment, Transport and the Regions
28th May 1999
Signed by authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under-Secretary of State, Welsh Office
27th May 1999


text:
Title and commencement
1
This Order may be cited as the Railways Act 1993 (Consequential Modifications) Order 1999 and shall come into force on 16th June 1999.
Modification of the Environmental Protection Act 1990
2
1
Section 98 of the Environmental Protection Act 1990 (“ the Act ”) (definitions for Part IV) shall be amended in accordance with the following provisions of this article.
2
After subsection (6)(a) there shall be inserted the following paragraph–
aa
any operator of a relevant railway asset;
.
3
After subsection (6) there shall be inserted the following subsections–
7
Subject to subsection (8) below, “relevant railway asset” means–
a
a transferred network, that is to say a network which was transferred by virtue of a transfer scheme made under section 85 of the Railways Act 1993 from the British Railways Board and vested in the company formed and registered under the Companies Act 1985 and known, at the date of the vesting, as Railtrack PLC ,
b
a station which is used in connection with the provision of services for the carriage of passengers on a transferred network and is operated by a provider of such services or by the operator of such a network, or
c
a light maintenance depot which is used to provide light maintenance services for rolling stock which is used on a transferred network.
8
A transferred network shall not cease to be such a network where it is modified by virtue of having any network or part of a network added to or removed from it.
9
Expressions used in subsections (6)(aa), (7) and (8) above and in Part I of the Railways Act 1993 have the same meaning in those subsections as they have in that Part.
.
3
In Schedule 4 to the Act (abandoned shopping and luggage trolleys) in paragraph 1(2)(d) after “road transport undertaking” there shall be inserted “, by an operator of railway services (within the meaning of Part I of the Railways Act 1993) provided in connection with a transferred network”.
Modification of the Litter (Statutory Undertakers) (Designation and Relevant Land) Order 1991
4
1
The Litter (Statutory Undertakers) (Designation and Relevant Land) Order 1991 shall be amended in accordance with the provisions of this article.
2
In article 1(2), after paragraph (a) in the definition of “operational land”, there shall be inserted the following paragraph–
aa
in relation to any operator of a relevant railway asset, land required or used for the operation of that asset,
.
3
In article 2, after the paragraph commencing “the British Railways Board and London Regional Transport”, there shall be inserted the following paragraph–
any operator of a relevant railway asset,
.
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
23rd May 1999


text:
1
This Order may be cited as the High Pavement Sixth Form College, Nottingham (Dissolution) Order 1999, and shall come into force on 1st April 1999.
2
On 1st April 1999 High Pavement College will be dissolved and all of its property, rights and liabilities shall be transferred to New College, being a body corporate established for purposes which include the provision of educational facilities or services.
3
Section 26(2), (3) and (4) of the Act shall apply to any person employed by High Pavement College immediately before 1st April 1999, as if the references in that section–
a
to a person to whom that section applies were to a person so employed;
b
to the operative date were to 1st April 1999;
c
to the transferor were to High Pavement College; and
d
to the corporation were to New College.
Tessa Blackstone
Minister of State,
Department for Education and Employment
10th March 1999


text:
1
These Regulations may be cited as the Education (Grants for Education Support and Training) (England) Regulations 1998 (Amendment) Regulations 1999 and shall come into force on 25th February 1999.
2
The Education (Grants for Education Support and Training) (England) Regulations 1998 shall be amended as follows.
3
In regulation 2–(1) the following definition shall be inserted at the appropriate place–
“leading mathematics teacher” means an experienced mathematics teacher who is required to provide demonstration mathematics lessons;
.
4
In regulation 5(2) the following entries shall be inserted at the end of the table in the left hand and right hand columns respectively–
34 100 35 100 36 100
.
5
In regulation 11(1) for “or 31” there shall be substituted “, 31 or 35”.
6
In the Schedule after paragraph 33 there shall be inserted the following paragraphs–
34
Support for the training of numeracy consultants and leading mathematics teachers in maintained schools, including the provision of additional staff to assist such schools for the period during which teachers are attending training courses and the payment of fees to consultants who are not teachers in respect of their attendance at training courses.
35
Support for the setting up and running of out of school hours literacy and numeracy classes for pupils in maintained schools who will be completing key stage 2 in the summer of 1999.
36
The provision of portable CD Rom systems to education authorities to aid school management and curriculum support for pupils with special educational needs.
Estelle Morris
Minister of State,
Department for Education and Employment
2nd February 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Health Act 1999 (Supplementary and Consequential Provisions) Order 1999 and shall come into force on 1st November 1999.
2
Any reference to Part I of the Health Act 1999 in any enactment amended by this Order is, in the case of any provision of that Part which is referred to in section 66(2) of that Act, to be taken as including reference to that provision only in so far as the provision has effect in relation to England.
Amendment of the National Health Service Act 1977
2
1
The National Health Service Act 1977 is amended as follows.
2
In section 84 (inquiries) , in subsection (1), after “1990” there is inserted “or Part I of the Health Act 1999 (with the exception of sections 33 to 38)”.
3
In section 85 (default powers) , in subsection (1), after “1990” there is inserted “or Part I of the Health Act 1999”.
Amendment of the Copyright, Designs and Patents Act 1988
3
In section 48 of the Copyright, Designs and Patents Act 1988 (material communicated to the Crown in the course of public business) , in subsection (6), after “1990,” there is inserted “the Commission for Health Improvement”.
Amendment of the Road Traffic Act 1988
4
In section 144 of the Road Traffic Act 1988 (exceptions from requirement for third-party insurance or security) , in subsection (2)(da), after “1990” there is inserted “or by the Commission for Health Improvement”.
Amendment of the Vehicle Excise and Registration Act 1994
5
In Schedule 2 to the Vehicle Excise and Registration Act 1994 (vehicles exempt from vehicle excise duty) , in paragraph 7, after sub-paragraph (b) there is inserted
or
c
the Commission for Health Improvement.
.
Signed by authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
10th October 1999


text:
Citation and commencement
1
These Regulations may be cited as the Waste Management Licences (Consultation and Compensation) Regulations 1999 and shall come into force on 1st April 1999.
Interpretation
2
In these Regulations, unless the context otherwise requires–
“the 1961 Act ” means the Land Compensation Act 1961 ;
“the 1963 Act ” means the Land Compensation (Scotland) Act 1963 ;
“grantor” means a person who has granted, or joined in the granting of, rights pursuant to the requirements of section 35(4) or 38(9A) ;
“relevant interest” means an interest in land out of which rights have been granted pursuant to the requirements of section 35(4) or 38(9A),
and any reference to a numbered section is a reference to the section bearing that number in the Environmental Protection Act 1990.
Consultations — prescribed period
3
For the purposes of–
a
subsection (5) of section 36A (consultation before the grant of certain licences) (including that subsection as applied by subsection (9B) of section 38 (revocation and suspension of licences)) the period shall be 3 months; and
b
subsection (6) of section 37A (consultation before certain variations), the period shall be six weeks.
Compensation following grant of rights
4
Subject to regulation 7(3) and (5)(b), compensation is payable under section 35A (compensation where rights granted pursuant to section 35(4) or 38(9A)) for loss and damage of the following descriptions–
a
depreciation in the value of any relevant interest to which the grantor is entitled which results from the grant of the rights;
b
depreciation in the value of any other interest in land to which the grantor is entitled which results from the exercise of the rights;
c
loss or damage, in relation to any relevant interest to which the grantor is entitled, which–
i
is attributable to the grant of the rights or the exercise of them;
ii
does not consist of depreciation in the value of that interest; and
iii
is loss or damage for which he would have been entitled to compensation by way of compensation for disturbance, if that interest had been acquired compulsorily under the Acquisition of Land Act 1981 or the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 in pursuance of a notice to treat served on the date on which the rights were granted;
d
damage to, or injurious affection of, any interest in land to which the grantor is entitled which is not a relevant interest, and which results from the grant of the rights or the exercise of them;
e
loss in respect of work carried out by or on behalf of the grantor which is rendered abortive by the grant of the rights or the exercise of them.
Time at which entitlement to compensation arises
5
1
Subject to paragraph (2), an entitlement to compensation under section 35A arises on the date of the grant of the rights.
2
Where, after a grant of rights pursuant to section 35(4) or 38(9A), the conditions of the licence which rendered the grant of rights necessary are upheld on the final determination of an appeal against those conditions, the entitlement to compensation arises on the date of the final determination of the appeal.
Applications for compensation
6
1
An application for compensation under section 35A shall be made by the grantor–
a
within 12 months from the date on which the entitlement to compensation arises in his case; or, as he may decide,
b
within six months from the date on which the rights are first exercised.
2
An application shall be made in writing to the holder of the licence to whom the rights were granted and delivered at or sent by pre-paid post to the last known address for correspondence of that person.
3
The application shall contain, or be accompanied by–
a
a copy of the grant of rights in respect of which the grantor’s entitlement arises, and of any plans attached to that grant,
b
a description of the exact nature of any interest in land in respect of which compensation is applied for,
c
a statement of the amount of compensation applied for, distinguishing the amounts applied for under each of paragraphs (a) to (e) of regulation 4, and showing how the amount applied for under each paragraph has been calculated, and
d
where the date on which the entitlement to compensation arises is ascertained in accordance with regulation 5(2), a copy of the notice of the final determination of the appeal.
Basis on which compensation assessed
7
1
The amount to be paid by way of compensation under section 35A shall be assessed in accordance with the following paragraphs of this regulation.
2
The rules set out in section 5 of the 1961 Act and, for Scotland, in section 12 of the 1963 Act (rules for assessing compensation) shall, so far as applicable and subject to any necessary modifications, have effect for the purposes of this regulation as they have effect for the purpose of assessing compensation for the compulsory acquisition of an interest in land.
3
No account shall be taken of any enhancement of the value of any interest in land, by reason of any building erected, work done or improvement or alteration made on any land in which the grantor is, or was at the time of erection, doing or making, directly or indirectly concerned, if the Lands Tribunal or, as the case may be, the Lands Tribunal for Scotland, is satisfied that the erection of the building, the doing of the work, the making of the improvement or the alteration was not reasonably necessary and was undertaken with a view to obtaining compensation or increased compensation.
4
In calculating the amount of any loss under regulation 4(e) expenditure incurred in the preparation of plans or on other similar preparatory matters, shall be taken into account.
5
Where the interest in respect of which compensation is to be assessed is subject to a mortgage–
a
the compensation shall be assessed as if the interest were not subject to the mortgage, and
b
no compensation shall be payable in respect of the interest of the mortgagee (as distinct from the interest which is subject to the mortgage).
6
Compensation under section 35A shall include an amount equal to the grantor’s reasonable valuation and legal expenses.
Payment of compensation and determination of disputes
8
1
Compensation payable under section 35A in respect of an interest which is subject to a mortgage shall be paid to the mortgagee or, if there is more than one mortgagee, to the first mortgagee and shall, in either case, be applied by him as if it were proceeds of sale.
2
Amounts of compensation determined under these Regulations shall be payable–
a
where the holder of the licence and the grantor or mortgagee agree that a single payment is to be made on a specified date, on that date;
b
where the holder of the licence and the grantor or mortgagee agree that payment is to be made in instalments at different dates, on the date agreed as regards each instalment;
c
in any other case, subject to any direction of the Lands Tribunal, the Lands Tribunal for Scotland, or the court, as soon as reasonably practicable after the amount of the compensation has been finally determined.
3
Any question of the application of regulation 7(3) or of disputed compensation shall be referred to and determined by the Lands Tribunal or, in Scotland, by the Lands Tribunal for Scotland.
4
In relation to the determination of any such question–
a
in England and Wales, sections 2 and 4 of the 1961 Act (procedure on reference to the Lands Tribunal and costs) shall apply as if–
i
the reference in section 2(1) of that Act to section 1 of that Act were a reference to paragraph (3) of this regulation, and
ii
references in section 4 of that Act to the acquiring authority were references to the holder of the licence; and
b
in Scotland, sections 9 and 11 of the 1963 Act (procedures on reference to the Lands Tribunal and expenses) shall apply as if–
i
the reference in section 9(1) of that Act to section 8 were a reference to paragraph (3) of this regulation; and
ii
references in section 11 of that Act to the acquiring authority were references to the holder of the licence.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Michael Meacher
Minister of State,
Department of the Environment, Transport and the Regions
19th February 1999
Signed by authority of the Secretary of State for Scotland
Calum MacDonald
Parliamentary Under-Secretary of State, Scottish Office
23rd February 1999
Signed by authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under-Secretary of State, Welsh Office
25th February 1999


text:
Citation and commencement
1
These Regulations may be cited as the Telecommunications (Licence Modification) (British Telecommunications plc) Regulations 1999 and shall come into force on 27th September 1999.
Interpretation
2
In these Regulations —
“the 1984 Act ” means the Telecommunications Act 1984 ;
“ BT ” means British Telecommunications plc;
“the BT licence” means the licence granted by the Secretary of State under section 7 of the 1984 Act to British Telecommunications on 22nd June 1984 to run the telecommunication systems referred to in Annex A thereof, in relation to which BT became the licensee as the nominated successor company on the transfer date ;
“the former licence” means the BT licence in the form it was in immediately before the coming into force of these Regulations;
“the modified licence” means the BT licence as amended by these Regulations; and
“the standard Schedules” means the Schedules to the Telecommunications (Licence Modification) (Standard Schedules) Regulations 1999 .
Modification of the BT licence
3
The BT licence shall be amended as follows:
a
for the Table of Contents there shall be substituted the Table of Contents set out in Schedule 1 hereto;
b
after paragraph 3 there shall be inserted the following paragraphs —
Interpretation
4
The Interpretation Act 1978 shall apply for the purpose of interpreting this Licence as if it were an Act of Parliament. In this Licence, except as hereinafter provided or unless the context otherwise requires, words or expressions shall have the meaning assigned to them and otherwise any word or expression shall have the same meaning as it has in the Act. For the purpose of interpreting this Licence, headings and titles shall be disregarded.
5
In this Licence, “Licence” means a licence granted or having effect as if granted under section 7 of the Act.
6
For the purposes of this Licence the “Applicable Systems” means any or all of the telecommunication systems run by the Licensee under this Licence unless the context otherwise requires.
7
Where this Licence provides for any power of the Secretary of State or the Director to give any direction, notice or consent or for the Director to make any specification, designation or determination, it implies, unless a contrary intention appears, a power exercisable in the same manner and subject to the same conditions or limitations, to revoke, amend or give or make again any such direction, notice, consent, specification, designation or determination; and any reference however expressed to the Director making any determination or giving any direction or consent about any matter shall be construed as making such determination or giving such direction or consent after consultation with the Licensee and where appropriate with any other person who may have a relevant interest in the matter to which the determination, direction or consent relates.
8
Any notification which is required to be given under this Licence by the Secretary of State or the Director shall be satisfied by serving the document by post on the Licensee at the Licensee’s registered office.
;
c
for Schedule 1 there shall be substituted Schedule 1 of the standard Schedules, subject to the amendments set out in Schedule 2 hereto;
d
for Schedule 2 there shall be substituted Schedule 2 of the standard Schedules;
e
for Schedule 3 there shall be substituted Schedule 3 of the standard Schedules, subject to the following amendment —
in paragraph 3, in paragraph (ii) of sub-paragraph (b) the words —
if it provides any Conditional Access Services to another person by means of telecommunication systems run under another licence but which could also come within the description of the Applicable Systems authorised to be run by this Licence
shall be deleted;
f
for Schedule 4 there shall be substituted Schedule 4 of the standard Schedules; and
g
for Annex A there shall be substituted Annex A as set out in Schedule 3 hereto.
Transitional provisions
4
1
So far as anything done or treated as done under or for the purposes of any provision of the former licence could have been done under or for the purposes of the corresponding provision of the modified licence, it shall have effect as if done under or for the purposes of the corresponding provision; and any direction, notice, consent, specification, designation or determination or other decision made or having effect under any provision of the former licence shall be treated for all purposes as made and having effect under the corresponding provision.
2
Where any period of time specified in a provision of the former licence is current immediately before the coming into force of these Regulations, the corresponding provision of the modified licence shall have effect as if that period of time —
a
ran from the date or event from which it was running immediately before the coming into force of these Regulations, and
b
expired whenever it would have expired if the former licence had not been modified;
and any rights, liabilities, obligations or requirements dependent on the beginning, duration or end of such a period as mentioned above shall be under the modified licence as they were or would have been under the former licence.
Patricia Hewitt
Minister of State for Small Business and E Commerce,
Department of Trade and Industry
3rd September 1999


text:
Citation and commencement
1
1
This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session Amendment No. 6) (Causes Relating to Intellectual Property) 1999 and shall come into force on 12th July 1999.
2
This Act of Sederunt shall be inserted in the Books of Sederunt.
Causes relating to intellectual property
2
1
Chapter 55 (causes relating to intellectual property) of the Rules of the Court of Session 1994 , shall be amended as follows.
2
The judge known as the patents judge shall henceforth instead be known as the intellectual property judge; and accordingly, in each of rules 55.2, 55.14(1) and (2)(a), 55.15, 55.16(3) and 55.19(1) and (2)(a), for the words “patents judge”, wherever they occur (including in the heading to rule 55.2), there shall be substituted “intellectual property judge”(
3
After rule 55.2 there shall be inserted —
Requirement for marking
55.2A
In a cause to which this Chapter applies, initiated —
a
by summons, the pursuer shall, before presenting the summons to the General Department for signeting;
b
by petition, the petitioner shall, before lodging the petition in the Petition Department,
mark it distinctly in red, both on the first page and on the backing, with the words “Intellectual Property Cause”; and thereafter every step of process in the cause shall be so marked by the person lodging it.
4
In rule 55.3 —
a
for the heading and for paragraphs (1) and (2), there shall be substituted —
Procedural hearings
55.3
1
In a cause to which this Chapter applies, not later than five weeks after —
a
if it is a cause initiated by summons, the closing of the record; or
b
if it is a cause initiated by petition, the expiry of any period of adjustment allowed,
the pursuer or petitioner shall enrol a motion, which shall be put out unstarred, for a date to be fixed for a hearing in accordance with this rule (a “procedural hearing”); and after consultation with the intellectual property judge the Keeper of the Rolls shall fix a date accordingly and shall notify it to the parties.
2
Unless the parties have otherwise agreed, notification under paragraph (1) shall be given at least 14 days before the date so fixed.
2A
Not later than 7 days after notification under paragraph (1) the parties may, having conferred with one another, jointly attend the Keeper of the Rolls that he may fix a different date, more convenient to them, for the procedural hearing.
2B
To any motion enrolled by him under paragraph (1) the pursuer or petitioner shall append a note —
a
identifying the points which he intends to raise, other than on a preliminary plea, at the procedural hearing; and
b
giving his estimate of the likely duration of that hearing.
.
b
in paragraph (3), for the words “pre-proof hearing”, there shall be substituted “date notified under paragraph (1)”; and
c
in each of paragraphs (4) to (7), for the word “pre-proof”, wherever it occurs, there shall be substituted “procedural”.
5
In rule 55.4(1) (notices to admit), for the word “pre-proof” substitute “procedural”.
Saving
3
Paragraph 2 does not affect the provisions of Chapter 55 in their application to work done, or outlays incurred, before 12th July 1999.
Rodger of Earlsferry Edinburgh, Lord President 18 June 1999. I.P.D.


text:
Citation and commencement
1
This Order may be cited as the Kent and Canterbury Hospitals, the South Kent Hospitals and the Thanet Health Care National Health Service Trusts (Dissolution) Order 1999 and shall come into force on 1st April 1999.
Dissolution of NHS trusts
2
1
The Kent and Canterbury Hospitals National Health Service Trust established by the Kent and Canterbury Hospitals National Health Service Trust (Establishment) Order 1992 shall be dissolved on 1st April 1999, and accordingly that Order revoked on that date.
2
The South Kent Hospitals National Health Service Trust established by the South Kent Hospitals National Health Service Trust (Establishment) Order 1994 shall be dissolved on 1st April 1999, and accordingly that Order revoked on that date.
3
The Thanet Health Care National Health Service Trust established by the Thanet Health Care National Health Service Trust (Establishment) Order 1992 shall be dissolved on 1st April 1999, and accordingly that Order revoked on that date.
Signed by authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
18th March 1999


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Management of Health and Safety at Work Regulations 1999 and shall come into force on 29th December 1999.
2
In these Regulations —
“the 1996 Act ” means the Employment Rights Act 1996 ;
“the assessment” means, in the case of an employer or self-employed person, the assessment made or changed by him in accordance with regulation 3;
“child” —
as respects England and Wales, means a person who is not over compulsory school age, construed in accordance with section 8 of the Education Act 1996 ; and
as respects Scotland, means a person who is not over school age, construed in accordance with section 31 of the Education (Scotland) Act 1980 ;
“employment business” means a business (whether or not carried on with a view to profit and whether or not carried on in conjunction with any other business) which supplies persons (other than seafarers) who are employed in it to work for and under the control of other persons in any capacity;
“fixed-term contract of employment” means a contract of employment for a specific term which is fixed in advance or which can be ascertained in advance by reference to some relevant circumstance;
“given birth” means delivered a living child or, after twenty-four weeks of pregnancy, a stillborn child;
“new or expectant mother” means an employee who is pregnant; who has given birth within the previous six months; or who is breastfeeding;
“the preventive and protective measures” means the measures which have been identified by the employer or by the self-employed person in consequence of the assessment as the measures he needs to take to comply with the requirements and prohibitions imposed upon him by or under the relevant statutory provisions and by Part II of the Fire Precautions (Workplace) Regulations 1997 ;
“young person” means any person who has not attained the age of eighteen.
3
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; or
b
a numbered paragraph is a reference to the paragraph so numbered in the regulation in which the reference appears.
Disapplication of these Regulations
2
1
These Regulations shall not apply to or in relation to the master or crew of a sea-going ship or to the employer of such persons in respect of the normal ship-board activities of a ship’s crew under the direction of the master.
2
Regulations 3(4), (5), 10(2) and 19 shall not apply to occasional work or short-term work involving —
a
domestic service in a private household; or
b
work regulated as not being harmful, damaging or dangerous to young people in a family undertaking.
Risk assessment
3
1
Every employer shall make a suitable and sufficient assessment of —
a
the risks to the health and safety of his employees to which they are exposed whilst they are at work; and
b
the risks to the health and safety of persons not in his employment arising out of or in connection with the conduct by him of his undertaking,
for the purpose of identifying the measures he needs to take to comply with the requirements and prohibitions imposed upon him by or under the relevant statutory provisions and by Part II of the Fire Precautions (Workplace) Regulations 1997.
2
Every self-employed person shall make a suitable and sufficient assessment of —
a
the risks to his own health and safety to which he is exposed whilst he is at work; and
b
the risks to the health and safety of persons not in his employment arising out of or in connection with the conduct by him of his undertaking,
for the purpose of identifying the measures he needs to take to comply with the requirements and prohibitions imposed upon him by or under the relevant statutory provisions.
3
Any assessment such as is referred to in paragraph (1) or (2) shall be reviewed by the employer or self-employed person who made it if —
a
there is reason to suspect that it is no longer valid; or
b
there has been a significant change in the matters to which it relates; and where as a result of any such review changes to an assessment are required, the employer or self-employed person concerned shall make them.
4
An employer shall not employ a young person unless he has, in relation to risks to the health and safety of young persons, made or reviewed an assessment in accordance with paragraphs (1) and (5).
5
In making or reviewing the assessment, an employer who employs or is to employ a young person shall take particular account of —
a
the inexperience, lack of awareness of risks and immaturity of young persons;
b
the fitting-out and layout of the workplace and the workstation;
c
the nature, degree and duration of exposure to physical, biological and chemical agents;
d
the form, range, and use of work equipment and the way in which it is handled;
e
the organisation of processes and activities;
f
the extent of the health and safety training provided or to be provided to young persons; and
g
risks from agents, processes and work listed in the Annex to Council Directive 94/33/ EC on the protection of young people at work.
6
Where the employer employs five or more employees, he shall record —
a
the significant findings of the assessment; and
b
any group of his employees identified by it as being especially at risk.
Principles of prevention to be applied
4
Where an employer implements any preventive and protective measures he shall do so on the basis of the principles specified in Schedule 1 to these Regulations.
Health and safety arrangements
5
1
Every employer shall make and give effect to such arrangements as are appropriate, having regard to the nature of his activities and the size of his undertaking, for the effective planning, organisation, control, monitoring and review of the preventive and protective measures.
2
Where the employer employs five or more employees, he shall record the arrangements referred to in paragraph (1).
Health surveillance
6
Every employer shall ensure that his employees are provided with such health surveillance as is appropriate having regard to the risks to their health and safety which are identified by the assessment.
Health and safety assistance
7
1
Every employer shall, subject to paragraphs (6) and (7), appoint one or more competent persons to assist him in undertaking the measures he needs to take to comply with the requirements and prohibitions imposed upon him by or under the relevant statutory provisions and by Part II of the Fire Precautions (Workplace) Regulations 1997.
2
Where an employer appoints persons in accordance with paragraph (1), he shall make arrangements for ensuring adequate co-operation between them.
3
The employer shall ensure that the number of persons appointed under paragraph (1), the time available for them to fulfil their functions and the means at their disposal are adequate having regard to the size of his undertaking, the risks to which his employees are exposed and the distribution of those risks throughout the undertaking.
4
The employer shall ensure that —
a
any person appointed by him in accordance with paragraph (1) who is not in his employment —
i
is informed of the factors known by him to affect, or suspected by him of affecting, the health and safety of any other person who may be affected by the conduct of his undertaking, and
ii
has access to the information referred to in regulation 10; and
b
any person appointed by him in accordance with paragraph (1) is given such information about any person working in his undertaking who is —
i
employed by him under a fixed-term contract of employment, or
ii
employed in an employment business,
as is necessary to enable that person properly to carry out the function specified in that paragraph.
5
A person shall be regarded as competent for the purposes of paragraphs (1) and (8) where he has sufficient training and experience or knowledge and other qualities to enable him properly to assist in undertaking the measures referred to in paragraph (1).
6
Paragraph (1) shall not apply to a self-employed employer who is not in partnership with any other person where he has sufficient training and experience or knowledge and other qualities properly to undertake the measures referred to in that paragraph himself.
7
Paragraph (1) shall not apply to individuals who are employers and who are together carrying on business in partnership where at least one of the individuals concerned has sufficient training and experience or knowledge and other qualities —
a
properly to undertake the measures he needs to take to comply with the requirements and prohibitions imposed upon him by or under the relevant statutory provisions; and
b
properly to assist his fellow partners in undertaking the measures they need to take to comply with the requirements and prohibitions imposed upon them by or under the relevant statutory provisions.
8
Where there is a competent person in the employer’s employment, that person shall be appointed for the purposes of paragraph (1) in preference to a competent person not in his employment.
Procedures for serious and imminent danger and for danger areas
8
1
Every employer shall —
a
establish and where necessary give effect to appropriate procedures to be followed in the event of serious and imminent danger to persons at work in his undertaking;
b
nominate a sufficient number of competent persons to implement those procedures in so far as they relate to the evacuation from premises of persons at work in his undertaking; and
c
ensure that none of his employees has access to any area occupied by him to which it is necessary to restrict access on grounds of health and safety unless the employee concerned has received adequate health and safety instruction.
2
Without prejudice to the generality of paragraph (1)(a), the procedures referred to in that sub-paragraph shall —
a
so far as is practicable, require any persons at work who are exposed to serious and imminent danger to be informed of the nature of the hazard and of the steps taken or to be taken to protect them from it;
b
enable the persons concerned (if necessary by taking appropriate steps in the absence of guidance or instruction and in the light of their knowledge and the technical means at their disposal) to stop work and immediately proceed to a place of safety in the event of their being exposed to serious, imminent and unavoidable danger; and
c
save in exceptional cases for reasons duly substantiated (which cases and reasons shall be specified in those procedures), require the persons concerned to be prevented from resuming work in any situation where there is still a serious and imminent danger.
3
A person shall be regarded as competent for the purposes of paragraph (1)(b) where he has sufficient training and experience or knowledge and other qualities to enable him properly to implement the evacuation procedures referred to in that sub-paragraph.
Contacts with external services
9
Every employer shall ensure that any necessary contacts with external services are arranged, particularly as regards first-aid, emergency medical care and rescue work.
Information for employees
10
1
Every employer shall provide his employees with comprehensible and relevant information on —
a
the risks to their health and safety identified by the assessment;
b
the preventive and protective measures;
c
the procedures referred to in regulation 8(1)(a) and the measures referred to in regulation 4(2)(a) of the Fire Precautions (Workplace) Regulations 1997;
d
the identity of those persons nominated by him in accordance with regulation 8(1)(b) and regulation 4(2)(b) of the Fire Precautions (Workplace) Regulations 1997; and
e
the risks notified to him in accordance with regulation 11(1)(c).
2
Every employer shall, before employing a child, provide a parent of the child with comprehensible and relevant information on —
a
the risks to his health and safety identified by the assessment;
b
the preventive and protective measures; and
c
the risks notified to him in accordance with regulation 11(1)(c).
3
The reference in paragraph (2) to a parent of the child includes —
a
in England and Wales, a person who has parental responsibility, within the meaning of section 3 of the Children Act 1989 , for him; and
b
in Scotland, a person who has parental rights, within the meaning of section 8 of the Law Reform (Parent and Child) (Scotland) Act 1986 for him.
Co-operation and co-ordination
11
1
Where two or more employers share a workplace (whether on a temporary or a permanent basis) each such employer shall —
a
co-operate with the other employers concerned so far as is necessary to enable them to comply with the requirements and prohibitions imposed upon them by or under the relevant statutory provisions and by Part II of the Fire Precautions (Workplace) Regulations 1997;
b
(taking into account the nature of his activities) take all reasonable steps to co-ordinate the measures he takes to comply with the requirements and prohibitions imposed upon him by or under the relevant statutory provisions and by Part II of the Fire Precautions (Workplace) Regulations 1997 with the measures the other employers concerned are taking to comply with the requirements and prohibitions imposed upon them by that legislation; and
c
take all reasonable steps to inform the other employers concerned of the risks to their employees' health and safety arising out of or in connection with the conduct by him of his undertaking.
2
Paragraph (1) (except in so far as it refers to Part II of the Fire Precautions (Workplace) Regulations 1997) shall apply to employers sharing a workplace with self-employed persons and to self-employed persons sharing a workplace with other self-employed persons as it applies to employers sharing a workplace with other employers; and the references in that paragraph to employers and the reference in the said paragraph to their employees shall be construed accordingly.
Persons working in host employers' or self-employed persons' undertakings
12
1
Every employer and every self-employed person shall ensure that the employer of any employees from an outside undertaking who are working in his undertaking is provided with comprehensible information on —
a
the risks to those employees' health and safety arising out of or in connection with the conduct by that first-mentioned employer or by that self-employed person of his undertaking; and
b
the measures taken by that first-mentioned employer or by that self-employed person in compliance with the requirements and prohibitions imposed upon him by or under the relevant statutory provisions and by Part II of the Fire Precautions (Workplace) Regulations 1997 in so far as the said requirements and prohibitions relate to those employees.
2
Paragraph (1) (except in so far as it refers to Part II of the Fire Precautions (Workplace) Regulations 1997) shall apply to a self-employed person who is working in the undertaking of an employer or a self-employed person as it applies to employees from an outside undertaking who are working therein; and the reference in that paragraph to the employer of any employees from an outside undertaking who are working in the undertaking of an employer or a self-employed person and the references in the said paragraph to employees from an outside undertaking who are working in the undertaking of an employer or a self-employed person shall be construed accordingly.
3
Every employer shall ensure that any person working in his undertaking who is not his employee and every self-employed person (not being an employer) shall ensure that any person working in his undertaking is provided with appropriate instructions and comprehensible information regarding any risks to that person’s health and safety which arise out of the conduct by that employer or self-employed person of his undertaking.
4
Every employer shall —
a
ensure that the employer of any employees from an outside undertaking who are working in his undertaking is provided with sufficient information to enable that second-mentioned employer to identify any person nominated by that first mentioned employer in accordance with regulation 8(1)(b) to implement evacuation procedures as far as those employees are concerned; and
b
take all reasonable steps to ensure that any employees from an outside undertaking who are working in his undertaking receive sufficient information to enable them to identify any person nominated by him in accordance with regulation 8(1)(b) to implement evacuation procedures as far as they are concerned.
5
Paragraph (4) shall apply to a self-employed person who is working in an employer’s undertaking as it applies to employees from an outside undertaking who are working therein; and the reference in that paragraph to the employer of any employees from an outside undertaking who are working in an employer’s undertaking and the references in the said paragraph to employees from an outside undertaking who are working in an employer’s undertaking shall be construed accordingly.
Capabilities and training
13
1
Every employer shall, in entrusting tasks to his employees, take into account their capabilities as regards health and safety.
2
Every employer shall ensure that his employees are provided with adequate health and safety training —
a
on their being recruited into the employer’s undertaking; and
b
on their being exposed to new or increased risks because of —
i
their being transferred or given a change of responsibilities within the employer’s undertaking,
ii
the introduction of new work equipment into or a change respecting work equipment already in use within the employer’s undertaking,
iii
the introduction of new technology into the employer’s undertaking, or
iv
the introduction of a new system of work into or a change respecting a system of work already in use within the employer’s undertaking.
3
The training referred to in paragraph (2) shall —
a
be repeated periodically where appropriate;
b
be adapted to take account of any new or changed risks to the health and safety of the employees concerned; and
c
take place during working hours.
Employees' duties
14
1
Every employee shall use any machinery, equipment, dangerous substance, transport equipment, means of production or safety device provided to him by his employer in accordance both with any training in the use of the equipment concerned which has been received by him and the instructions respecting that use which have been provided to him by the said employer in compliance with the requirements and prohibitions imposed upon that employer by or under the relevant statutory provisions.
2
Every employee shall inform his employer or any other employee of that employer with specific responsibility for the health and safety of his fellow employees —
a
of any work situation which a person with the first-mentioned employee’s training and instruction would reasonably consider represented a serious and immediate danger to health and safety; and
b
of any matter which a person with the first-mentioned employee’s training and instruction would reasonably consider represented a shortcoming in the employer’s protection arrangements for health and safety,
in so far as that situation or matter either affects the health and safety of that first mentioned employee or arises out of or in connection with his own activities at work, and has not previously been reported to his employer or to any other employee of that employer in accordance with this paragraph.
Temporary workers
15
1
Every employer shall provide any person whom he has employed under a fixed-term contract of employment with comprehensible information on —
a
any special occupational qualifications or skills required to be held by that employee if he is to carry out his work safely; and
b
any health surveillance required to be provided to that employee by or under any of the relevant statutory provisions,
and shall provide the said information before the employee concerned commences his duties.
2
Every employer and every self-employed person shall provide any person employed in an employment business who is to carry out work in his undertaking with comprehensible information on —
a
any special occupational qualifications or skills required to be held by that employee if he is to carry out his work safely; and
b
health surveillance required to be provided to that employee by or under any of the relevant statutory provisions.
3
Every employer and every self-employed person shall ensure that every person carrying on an employment business whose employees are to carry out work in his undertaking is provided with comprehensible information on —
a
any special occupational qualifications or skills required to be held by those employees if they are to carry out their work safely; and
b
the specific features of the jobs to be filled by those employees (in so far as those features are likely to affect their health and safety);
and the person carrying on the employment business concerned shall ensure that the information so provided is given to the said employees.
Risk assessment in respect of new or expectant mothers
16
1
Where —
a
the persons working in an undertaking include women of child-bearing age; and
b
the work is of a kind which could involve risk, by reason of her condition, to the health and safety of a new or expectant mother, or to that of her baby, from any processes or working conditions, or physical, biological or chemical agents, including those specified in Annexes I and II of Council Directive 92/85/ EEC on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding,
the assessment required by regulation 3(1) shall also include an assessment of such risk.
2
Where, in the case of an individual employee, the taking of any other action the employer is required to take under the relevant statutory provisions would not avoid the risk referred to in paragraph (1) the employer shall, if it is reasonable to do so, and would avoid such risks, alter her working conditions or hours of work.
3
If it is not reasonable to alter the working conditions or hours of work, or if it would not avoid such risk, the employer shall, subject to section 67 of the 1996 Act suspend the employee from work for so long as is necessary to avoid such risk.
4
In paragraphs (1) to (3) references to risk, in relation to risk from any infectious or contagious disease, are references to a level of risk at work which is in addition to the level to which a new or expectant mother may be expected to be exposed outside the workplace.
Certificate from registered medical practitioner in respect of new or expectant mothers
17
Where —
a
a new or expectant mother works at night; and
b
a certificate from a registered medical practitioner or a registered midwife shows that it is necessary for her health or safety that she should not be at work for any period of such work identified in the certificate,
the employer shall, subject to section 67 of the 1996 Act, suspend her from work for so long as is necessary for her health or safety.
Notification by new or expectant mothers
18
1
Nothing in paragraph (2) or (3) of regulation 16 shall require the employer to take any action in relation to an employee until she has notified the employer in writing that she is pregnant, has given birth within the previous six months, or is breastfeeding.
2
Nothing in paragraph (2) or (3) of regulation 16 or in regulation 17 shall require the employer to maintain action taken in relation to an employee —
a
in a case —
i
to which regulation 16(2) or (3) relates; and
ii
where the employee has notified her employer that she is pregnant, where she has failed, within a reasonable time of being requested to do so in writing by her employer, to produce for the employer’s inspection a certificate from a registered medical practitioner or a registered midwife showing that she is pregnant;
b
once the employer knows that she is no longer a new or expectant mother; or
c
if the employer cannot establish whether she remains a new or expectant mother.
Protection of young persons
19
1
Every employer shall ensure that young persons employed by him are protected at work from any risks to their health or safety which are a consequence of their lack of experience, or absence of awareness of existing or potential risks or the fact that young persons have not yet fully matured.
2
Subject to paragraph (3), no employer shall employ a young person for work —
a
which is beyond his physical or psychological capacity;
b
involving harmful exposure to agents which are toxic or carcinogenic, cause heritable genetic damage or harm to the unborn child or which in any other way chronically affect human health;
c
involving harmful exposure to radiation;
d
involving the risk of accidents which it may reasonably be assumed cannot be recognised or avoided by young persons owing to their insufficient attention to safety or lack of experience or training; or
e
in which there is a risk to health from —
i
extreme cold or heat;
ii
noise; or
iii
vibration,
and in determining whether work will involve harm or risks for the purposes of this paragraph, regard shall be had to the results of the assessment.
3
Nothing in paragraph (2) shall prevent the employment of a young person who is no longer a child for work —
a
where it is necessary for his training;
b
where the young person will be supervised by a competent person; and
c
where any risk will be reduced to the lowest level that is reasonably practicable.
4
The provisions contained in this regulation are without prejudice to —
a
the provisions contained elsewhere in these Regulations; and
b
any prohibition or restriction, arising otherwise than by this regulation, on the employment of any person.
Exemption certificates
20
1
The Secretary of State for Defence may, in the interests of national security, by a certificate in writing exempt —
a
any of the home forces, any visiting force or any headquarters from those requirements of these Regulations which impose obligations other than those in regulations 16-18 on employers; or
b
any member of the home forces, any member of a visiting force or any member of a headquarters from the requirements imposed by regulation 14;
and any exemption such as is specified in sub-paragraph (a) or (b) of this paragraph may be granted subject to conditions and to a limit of time and may be revoked by the said Secretary of State by a further certificate in writing at any time.
2
In this regulation —
a
“the home forces” has the same meaning as in section 12(1) of the Visiting Forces Act 1952 ;
b
“headquarters” means a headquarters for the time being specified in Schedule 2 to the Visiting Forces and International Headquarters (Application of Law) Order 1999 ;
c
“member of a headquarters” has the same meaning as in paragraph 1(1) of the Schedule to the International Headquarters and Defence Organisations Act 1964 ; and
d
“visiting force” has the same meaning as it does for the purposes of any provision of Part I of the Visiting Forces Act 1952.
Provisions as to liability
21
Nothing in the relevant statutory provisions shall operate so as to afford an employer a defence in any criminal proceedings for a contravention of those provisions by reason of any act or default of —
a
an employee of his, or
b
a person appointed by him under regulation 7.
Exclusion of civil liability
22
1
Breach of a duty imposed by these Regulations shall not confer a right of action in any civil proceedings.
2
Paragraph (1) shall not apply to any duty imposed by these Regulations on an employer —
a
to the extent that it relates to risk referred to in regulation 16(1) to an employee; or
b
which is contained in regulation 19.
Extension outside Great Britain
23
1
These Regulations shall, subject to regulation 2, apply to and in relation to the premises and activities outside Great Britain to which sections 1 to 59 and 80 to 82 of the Health and Safety at Work etc. Act 1974 apply by virtue of the Health and Safety at Work etc. Act 1974 (Application Outside Great Britain) Order 1995 as they apply within Great Britain.
2
For the purposes of Part I of the 1974 Act, the meaning of “at work” shall be extended so that an employee or a self-employed person shall be treated as being at work throughout the time that he is present at the premises to and in relation to which these Regulations apply by virtue of paragraph (1); and, in that connection, these Regulations shall have effect subject to the extension effected by this paragraph.
Amendment of the Health and Safety (First-Aid) Regulations 1981
24
Regulation 6 of the Health and Safety (First-Aid) Regulations 1981 is hereby revoked.
Amendment of the Offshore Installations and Pipeline Works (First-Aid) Regulations 1989
25
1
The Offshore Installations and Pipeline Works (First-Aid) Regulations 1989 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 7(1) for the words “from all or any of the requirements of these Regulations”, there shall be substituted the words “from regulation 5(1)(b) and (c) and (2)(a) of these Regulations”.
3
After regulation 7(2) the following paragraph shall be added —
3
An exemption granted under paragraph (1) above from the requirements in regulation 5(2)(a) of these Regulations shall be subject to the condition that a person provided under regulation 5(1)(a) of these Regulations shall have undergone adequate training.
.
Amendment of the Mines Miscellaneous Health and Safety Provisions Regulations 1995
26
1
The Mines Miscellaneous Health and Safety Provisions Regulations 1995 shall be amended in accordance with the following provisions of this regulation.
2
Paragraph (2)(b) of regulation 4 shall be deleted.
3
After paragraph (4) of regulation 4 there shall be added the following paragraph —
5
In relation to fire, the health and safety document prepared pursuant to paragraph (1) shall —
a
include a fire protection plan detailing the likely sources of fire, and the precautions to be taken to protect against, to detect and combat the outbreak and spread of fire; and
b
in respect of every part of the mine other than any building on the surface of that mine —
i
include the designation of persons to implement the plan, ensuring that the number of such persons, their training and the equipment available to them is adequate, taking into account the size of, and the specific hazards involved in the mine concerned; and
ii
include the arrangements for any necessary contacts with external emergency services, particularly as regards rescue work and fire-fighting; and
iii
be adapted to the nature of the activities carried on at that mine, the size of the mine and take account of the persons other than employees who may be present.
.
Amendment of the Construction (Health, Safety and Welfare) Regulations 1996
27
1
The Construction (Health, Safety and Welfare) Regulations 1996 shall be amended in accordance with the following provisions of this regulation.
2
Paragraph (2) of regulation 20 shall be deleted and the following substituted —
2
Without prejudice to the generality of paragraph (1), arrangements prepared pursuant to that paragraph shall —
a
have regard to those matters set out in paragraph (4) of regulation 19;
b
designate an adequate number of persons who will implement the arrangements; and
c
include any necessary contacts with external emergency services, particularly as regards rescue work and fire-fighting.
.
Regulations to have effect as health and safety regulations
28
Subject to regulation 9 of the Fire Precautions (Workplace) Regulations 1997 , these Regulations shall, to the extent that they would not otherwise do so, have effect as if they were health and safety regulations within the meaning of Part I of the Health and Safety at Work etc. Act 1974.
Revocations and consequential amendments
29
1
The Management of Health and Safety at Work Regulations 1992 , the Management of Health and Safety at Work (Amendment) Regulations 1994 , the Health and Safety (Young Persons) Regulations 1997 and Part III of the Fire Precautions (Workplace) Regulations 1997 are hereby revoked.
2
The instruments specified in column 1 of Schedule 2 shall be amended in accordance with the corresponding provisions in column 3 of that Schedule.
Transitional provision
30
The substitution of provisions in these Regulations for provisions of the Management of Health and Safety at Work Regulations 1992 shall not affect the continuity of the law; and accordingly anything done under or for the purposes of such provision of the 1992 Regulations shall have effect as if done under or for the purposes of any corresponding provision of these Regulations.
Signed by authority of the Secretary of State
Whitty,
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
3rd December 1999


text:
Citation and commencement
1
This Order may be cited as the Scotland Act 1998 (Concurrent Functions) Order 1999 and shall come into force on the principal appointed day .
Interpretation
2
1
In this Order —
“the 1998 Act ” means the Scotland Act 1998;
“British fishing boat” means a fishing boat, other than a Scottish fishing boat, which is registered in the United Kingdom or is British-owned; and
“Scottish fishing boat” means a fishing vessel which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Scotland as the port to which the vessel is to be treated as belonging.
2
In this Order, unless the context otherwise requires —
a
a reference to a numbered section is a reference to the section so numbered in the 1998 Act; and
b
a reference to a numbered Schedule is a reference to the Schedule to this Order so numbered.
Concurrent functions
3
1
Despite its transfer to the Scottish Ministers by virtue of section 53, any specified function shall be exercisable by the person by whom it was exercisable immediately before that transfer as well as by the Scottish Ministers.
2
In paragraph (1), “specified function” means a function conferred by an enactment mentioned in column 1 of Schedule 1 but, if there is a corresponding entry in column 2 of that Schedule, it means that function so far as it is exercisable to the extent specified in column 2.
3
Despite the transfer to the Scottish Ministers by virtue of section 53 of any function described in Schedule 2, that function shall be exercisable by a Minister of the Crown as well as by the Scottish Ministers.
John Reid
Secretary of State for Scotland
St Andrew’s House,
Edinburgh
7th June 1999


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Kent) (Borough of Tunbridge Wells) Order 1999 and shall come into force on 10th January 2000.
Interpretation
2
In this Order–
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
This Order applies to the Borough of Tunbridge Wells excepting that part of the A21 trunk road and its on and off slip roads situated within the Borough.
Designation of permitted parking area and special parking area
4
The Secretary of State hereby designates the area to which this Order applies as–
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
Keith Hill
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
20th December 1999


text:
Citation and commencement
1
This Order may be cited as The Protection of Wrecks (Designation) Order 1999 and shall come into force on 14th June 1999.
Identification of site and designation of restricted area
2
1
The site in respect of which this Order is made is hereby identified as the site where a seventeenth century vessel lies wrecked on the sea bed at Latitude 50°3'.778 North, Longitude 05°17'.374 West.
2
The area within a distance of 250 metres of Latitude 50°3'.778 North, Longitude 05°17'.374 West, but excluding any part of that area which lies above high water mark of ordinary spring tides, shall be a restricted area for the purposes of the Protection of Wrecks Act 1973.
Alan Howarth
Parliamentary Under Secretary of State,
Department for Culture, Media and Sport
23rd May 1999


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Local Education Authority (Post-Compulsory Education Awards) Regulations 1999, and shall come into force on 1st March 1999.
2
These Regulations shall apply in relation to educational facilities made available to eligible persons on or after 1st September 1999.
Interpretation
2
1
In these Regulations–
“educational facilities”, in relation to an eligible person, means–
secondary education provided at a school, or
a course of further or higher education, whether pursued by full-time or part-time attendance at an educational institution or otherwise, apart from a course–
beginning before 1st September 1999, or
a course in respect of which that person is eligible for any financial support by way of grant or loan under Regulations made under section 22 of the Teaching and Higher Education Act 1998 ;
“eligible person” means a person over compulsory school age;
“financial year” has the meaning given by section 579(1) of the Education Act 1996;
“post-compulsory education award” means an award granted by a local education authority under regulation 3.
2
A course which begins in August 1999 and continues through the autumn of that year shall be regarded for the purposes of these Regulations as having begun on or after 1st September 1999.
Power to grant post-compulsory education awards
3
1
This regulation applies to a local education authority in relation to the 1999–2000 and every subsequent financial year, apart from a financial year in relation to which that authority have determined pursuant to regulation 4 that it should not apply to them at all.
2
Subject to paragraph (3), a local education authority shall have power, in any financial year in relation to which this regulation applies to them, to grant a post-compulsory education award, that is to say–
a
a scholarship,
b
an exhibition,
c
a bursary, or
d
an other allowance,
granted in respect of an eligible person for the purpose of enabling that person to take advantage of any educational facilities available to him.
3
Where a local education authority have determined pursuant to regulation 4(1)(b) that this regulation is to apply to them in relation to that year only in the cases of eligible persons who satisfy particular criteria, the authority shall have power to grant a post-compulsory education award only in respect of an eligible person who satisfies those criteria.
Determination by local education authority
4
1
A local education authority shall determine, in respect of each financial year, whether regulation 3 is to apply to them in relation to that year; and, if it is to apply to them in that year, whether it is to do so–
a
generally, or
b
only in the cases of eligible persons who satisfy such criteria as may be determined by the authority.
2
An authority shall make a determination under paragraph (1)–
a
in relation to the 1999–2000 financial year, as soon after the coming into force of these Regulations as is reasonably practicable and, in any event, by no later than 31st March 1999; and
b
in relation to every subsequent financial year, in the period of twelve months ending with the first day of that year.
3
No determination under paragraph (1) in relation to any financial year shall affect the continued obligation of the authority to make payments under a post-compulsory education award granted in respect of an eligible person before the date on which the determination takes effect.
4
Immediately after a local education authority have made a determination under paragraph (1) in relation to any financial year, they shall take such steps as they consider reasonable to bring the effect of the determination to the attention of those persons likely to be affected by it.
Amendment of the Education (Fees and Awards) Regulations 1997
5
1
The Education (Fees and Awards) Regulations 1997 shall be amended as follows.
2
In regulation 2(1), in the appropriate place there shall be inserted the following new definition–
“post-compulsory education award” means a scholarship, exhibition, bursary or other allowance granted by an education authority under the Local Education Authority (Post-Compulsory Education Awards) Regulations 1999 ;
.
3
In regulation 5–
a
in paragraph (1), after “the Education Act 1962” there shall be inserted “or for post-compulsory education awards”; and
b
in paragraph (3), after “course” there shall be inserted–
or, in relation to a post-compulsory education award in respect of a person’s attendance at a school, the beginning of that school’s first term after he has ceased to be of compulsory school age
.
Revocation and saving
6
1
Regulation 4(e) of the Scholarships and Other Benefits Regulations 1977 is hereby revoked.
2
However paragraph (1) shall not affect the continued operation of regulation 4(e) in connection with–
a
any grants made under that provision before the coming into force of these Regulations;
b
the making of grants under that provision in relation to educational facilities made available before 1st September 1999; and
c
any grants made as described in sub-paragraph (b).
Tessa Blackstone
Minister of State,
Department for Education and Employment
1st February 1999
Peter Hain
Parliamentary Under Secretary of State, Welsh Office
1st February 1999


text:
1
This Order may be cited as the Education (National Curriculum) (Modern Foreign Languages) (Amendment) Order 1999 and shall come into force on 1st September 1999.
2
The Education (National Curriculum) (Modern Foreign Languages) Order 1991 is amended as respects England by the insertion in the Schedule to that Order of the entry “Irish” after “Hindi”.
Jacqui Smith
Parliamentary Under Secretary of State,
Department for Education and Employment
4th August 1999


text:
Commencement and citation
1
This Order may be cited as The A205 Trunk Road (Lewisham) Red Route (Prohibited Turns) (No. 3) Traffic Order 1999, and shall come into force on 8th October 1999.
Interpretation
2
In this Order —
a
causing includes permitting;
b
“vehicle” includes part of a vehicle;
c
“bus” has the meaning given by regulation 22(2) of the Traffic Signs Regulations and General Directions 1994 ;
d
“Local bus” and “Local Service” have the meanings given by regulation 4 of the Traffic Signs Regulations and General Directions 1994 ;
e
“The trunk road” means the A205 Trunk Road in the London Borough of Lewisham.
Prohibition
3
Except as provided in article 4 below, no person shall cause or permit any vehicle proceeding westwards in that length of the trunk road known as St Mildreds Road to turn right into Hither Green Lane.
Exemptions
4
None of the controls specified in article 3 apply to —
a
anything done with the permission or at the direction of a police constable in uniform or a traffic warden; or
b
in respect of a vehicle being used for ambulance, fire brigade or police purposes.
Revocation or variation of existing Orders
5
The Lewisham (Prescribed Routes) (No.3) Traffic Order 1972 and the A205 Trunk Road (Lewisham) Red Route (Prohibited Turns) Experimental Traffic Order 1998 are hereby revoked.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
28th September 1999


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Pharmaceutical Services) Amendment Regulations 1999 and shall come into force on 1st April 1999.
2
In these Regulations, “the principal Regulations ” means the National Health Service (Pharmaceutical Services) Regulations 1992 .
Amendment of regulation 2 of the principal Regulations
2
1
Regulation 2 of the principal Regulations (interpretation) is amended as follows.
2
In paragraph (1) —
a
in the appropriate alphabetical position insert —
“ Charges Regulations ” means the National Health Service (Charges for Drugs and Appliances) Regulations 1989 ;
“directed services” means additional pharmaecutical services ;
“pharmaceutical services” means pharmaceutical services other than directed services;
“ Remission of Charges Regulations ” means the National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988 ;
; and
b
for the definition of “prescription form” substitute ““prescription form” means a form provided by a Health Authority, a Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978 , a Health and Social Services Board constituted under the Health and Personal Social Services (Northern Ireland) Order 1972 , or an NHS trust, and issued by a doctor, dentist or nurse prescriber to enable a person to obtain pharmaceutical services.”.
3
In paragraph (1A) (which describes nurse prescribers who may issue prescription forms), in each of sub-paragraphs (a)(iii) and (b)(ii), for the words “or by a pilot scheme provider in connection with the provision of” substitute the words, “or who, at that time, is assisting in the performance of”.
Revocation of regulation 16 of the principal Regulations
3
Regulation 16 of the principal Regulations (supplemental services) is hereby revoked.
Amendment of regulation 17 of the principal Regulations
4
In regulation 17 of the principal Regulations (removal from pharmaceutical lists), in paragraph (2), for the words “Pharmacy Act 1954” substitute the words “section 72 of the Medicines Act 1968 ”.
Amendment of regulation 18 of the principal Regulations
5
In regulation 18 of the principal Regulations (standards of, and payments for, drugs and appliances), in paragraph (1)(g) the words “and of supplemental services” are omitted.
Reward Scheme
6
After regulation 18A of the principal Regulations insert —
Reward Scheme
18B
1
A chemist who is presented with an order under paragraph 3(1) of the terms of service shall be eligible to claim a payment from the Health Authority in such manner as is specified in the Drug Tariff if —
i
in accordance with paragraph 3(1B) of the terms of service he refused to provide the drugs or medicines or listed appliances ordered and immediately informed the Health Authority of this action; or
ii
he provided the drugs and medicines or listed appliances pursuant to paragraph 3(1) but subsequently came to have reason to believe that the order was not a genuine order for the person named on the prescription form and informed the Health Authority of this belief within the period of 14 days beginning with the date the order was presented,
and in either case he has sent the order referred to in this paragraph to the Health Authority.
2
The Health Authority shall in respect of any claim under paragraph (1) make such payment as is due to the chemist calculated in the manner specified in the Drug Tariff.
3
In this paragraph “order” includes a purported order.
.
Amendment of regulation 20 of the principal Regulations
7
In regulation 20 of the principal Regulations (arrangements for the provision of pharmaceutical services by doctors), in paragraph (6)(b), for the words “paragraph (8)” substitute the words “paragraph (7)”.
Amendment of Schedule 2 to the principal Regulations
8
1
Part II of Schedule 2 to the principal Regulations (terms of service for chemists), is amended as follows.
2
After paragraph 2 insert the following new paragraph —
Directed services
2A
A chemist with whom a Health Authority makes an arrangement for the provision of any directed service shall comply with the terms and conditions of the arrangement.
.
3
In paragraph 3 (provision of pharmaceutical services) —
a
after sub-paragraph (1A) insert the following new sub-paragraphs —
1B
Where a chemist reasonably believes that a form presented to him as a prescription form in accordance with paragraph 3(1) is not a genuine order for the person named on the form (for example because he reasonably believes the form has been stolen or forged), he may refuse to provide the drugs or medicines or listed appliances specified on the form presented.
1C
Before providing the drugs or medicines or listed appliances ordered on a prescription form as specified in paragraph 3(1) —
a
the chemist shall ask any person who makes a declaration on the prescription form that the person named on the prescription form does not have to pay the charges specified in regulation 3(1) of the Charges Regulations by virtue of either —
i
entitlement to exemption under any of sub-paragraphs (d) to (g) of regulation 6(1) of the Charges Regulations; or
ii
entitlement to remission of such charges under regulation 3 of the Remission of Charges Regulations,
to produce satisfactory evidence of such entitlement unless the declaration is in respect of entitlement to exemption by virtue of sub-paragraph (d), (e) or (f) of regulation 6(1) of the Charges Regulations, and at the time of the declaration the chemist already has such evidence available to him; and
b
if no satisfactory evidence is produced to the chemist (and, where it is relevant, none is already available to him as mentioned in sub-paragraph (a)) the chemist shall endorse the prescription form to that effect.
.
b
in sub-paragraph (4), for the words “sub-paragraph (3)” substitute the words “sub-paragraph 5)”; and
c
in sub-paragraph (5), for the words “sub-paragraph (3)” substitute the words “sub-paragraph (4)”.
4
In paragraph 4 (premises and hours), for sub-paragraph (26) substitute the following sub-paragraphs —
26
If the Health Authority has been directed under section 41A(1)(a) or (b) of the Act that it must, or may, make arrangements for a pharmacist to be available to any person in the Health Authority’s area for consultation outside the hours referred to in sub-paragraph (25) no direction shall be given under sub-paragraph (25), unless the requirements of sub-paragraph (26A) have been complied with.
26A
The requirements referred to in sub-paragraph (26) are that —
a
the Health Authority must have offered to make such arrangements with the chemist; and
b
the arrangements offered must have been such that under them a pharmacist would have been available as mentioned in sub-paragraph (26) at the revised times which the Health Authority proposes to require in its direction under sub-paragraph (25),
but it is immaterial whether or not the chemist has accepted the offer of such arrangements.
26B
If the Health Authority has not been directed (under section 41A(1)(a) or (b) of the Act) in the manner referred to in sub-paragraph (26) no direction shall be given under sub-paragraph (25) unless a fee, allowance or other remuneration to be paid to any chemist so directed is included in the Drug Tariff or has been determined by the Health Authority by virtue of regulation 18(1A) (as the case may be).
.
5
In paragraph 10A (complaints); in sub-paragraph (8), the words from “and where” to the end are omitted.
9
1
Part III of Schedule 2 to the principal Regulations (terms of service for doctors who provide pharmaceutical services) is amended as follows.
2
After paragraph 11A insert the following new paragraph —
11B
Before providing the drugs or listed appliances recorded on a prescription form in accordance with paragraph 11(a), or the listed drugs or medicines or listed appliances ordered on a prescription form signed by a nurse prescriber in accordance with paragraph 11A(2), a doctor who is authorised or required by the Health Authority under regulation 20 to provide drugs and appliances to a patient shall —
a
ask any person who makes a declaration on the prescription form that the patient does not have to pay the charges specified in regulation 3(1) of the Charges Regulations by virtue of either —
i
entitlement to exemption under any of sub-paragraphs (d) to (g) of regulation 6(1) of the Charges Regulations, or
ii
entitlement to remission of such charges under regulation 3 of the Remission of Charges Regulations,
to produce satisfactory evidence of such entitlement unless the declaration is in respect of entitlement to exemption by virtue of sub-paragraph (d), (e) or (f) of regulation 6(1) of the Charges Regulations, and at the time of the declaration the doctor already has such evidence available to him; and
b
if no satisfactory evidence is produced to him (and, where it is relevant none is already available to him as mentioned in sub-paragraph (a)) endorse the prescription form to that effect.
.
Frank Dobson
One of Her Majesty’s Principal Secretaries of State
Department of Health
9th March 1999