text:
PART I
PRELIMINARY
Citation and Commencement
1
1
This Order may be cited as the Lerwick Harbour Revision Order 1999 and shall come into force on 13th April 1999.
2
The Lerwick Harbour Acts and Orders 1877 to 1997 and this Order may be cited together as the Lerwick Harbour Acts and Orders 1877 to 1999 (hereinafter referred to as “the Harbour Acts and Orders”).
Interpretation
2
In this Order, unless the context otherwise requires:
“the Authority” means Lerwick Port Authority;
“the Board” means the Members of the Authority or a quorum thereof acting collectively;
“electoral divisions of the Shetland Islands Area” means the electoral divisions into which the Shetland Islands Area is divided by the Shetland Islands Area (Electoral Arrangements) Order 1992 ;
“General Manager” means the general manager and clerk to the Trustees;
“Harbour” means the Port and Harbour of Lerwick as described in the Harbour Acts and Orders and includes the land, buildings, works, plant, property and conveniences connected therewith or any part thereof as the case may be;
“harbour dues” means dues recovered by the Authority in terms of s.26(2) of the Harbours Act 1964 and any statutory amendment or re-enactment thereof;
“marine farm” means an area forming part of the Harbour in, under or on tidal waters in respect of which a works licence is issued for the use of said area for the purpose of the development, breeding and growth of any form of marine animal species;
“Member” means a member of the Authority unless otherwise stated;
“new constitution date” means the day of the first inaugural meeting of Lerwick Port Authority referred to in article 3(2) of this Order;
“register of British ships” means the list of vessels shown on the register which is presently maintained by the Registrar General of Shipping and Seamen as registrar in terms of The Merchant Shipping Act 1995 ;
“revaluation” means revaluation of business premises for rating purposes;
“Shetland Islands Council” and “the Council” means the local authority council for the Shetland Islands as constituted by the Local Government etc. (Scotland) Act 1994 ;
“Trustees” means the Trustees of the Port and Harbour of Lerwick for the time being acting under the Harbour Acts and Orders;
“works licence” means a works licence issued by the Trustees or the Authority in terms of Section 10 of the Lerwick Harbour Order Confirmation Act 1974 .
PART II
DESIGNATION AND MEMBERSHIP
Change of Name
3
1
The Trustees of the Port and Harbour of Lerwick shall continue to exist as a body corporate acting pursuant to and under the Harbour Acts and Orders but on and after the coming into force of this Order shall be known as “Lerwick Port Authority”.
2
The Trustees and the Chairman of the Trustees in office at the coming into force of this Order shall thereafter be known respectively as “Members” of the Authority and “Chairman” of the Authority and shall remain in office as Members and Chairman of the Authority until the inaugural meeting of the Members of the Authority in 1999 being the first meeting of the Authority following the nomination or election and appointment of Members pursuant to Articles 7 and 8 hereof.
3
The title “the General Manager and Clerk” shall be changed to “Chief Executive” on the date of the coming into force of this Order.
4
The change of names effected by paragraphs (1), (2) and (3) of this article shall not affect the rights or obligations of any person or render defective any legal proceedings; and any reference in –
a
any enactment, or
b
any agreement, deed, lease, licence or other instrument in force or in existence immediately before the coming into force of this Order,
to the Trustees of the Port and Harbour of Lerwick, a Trustee of that Port and Harbour or to the General Manager and Clerk shall be read as a reference to Lerwick Port Authority or, as the case may require, to a Member or to the Chief Executive of the Authority.
Members
4
1
On and after the new constitution date the Authority shall consist of twelve Members as follows:–
a
4 Members to be nominated or elected by shipowners as defined in article 5;
b
4 Members to be nominated or elected by business ratepayers as defined in article 6; and
c
4 Members to be appointed by Shetland Islands Council from among its members as specified in article 8.
2
All Members shall have their main place of residence in the Shetland Islands.
3
All Members shall hold office for three years from the date of the first meeting of the Authority taking place in June following the nomination, appointment or election of Members in terms of articles 7 and 8 except in the case of resignation or disqualification or ceasing to be a Member in terms of articles 16, 17 and 18 of this Order.
4
Notwithstanding the terms of the foregoing sub-section the Board may vary the term of office of Members and the year in which Members are nominated, elected and appointed in order that the year of the nomination, election and appointment of Members of the Authority is concurrent with the year of the election of the members of Shetland Islands Council.
Shipowners
5
1
A shipowner is a person:
a
whose name appears in the register of British ships on 1st March in any year of election of Members to the Authority as the owner or part owner to the extent of at least 20 tonnes gross in any vessel or vessels whose port of choice is shown as Lerwick in said register, or
b
who satisfies the Authority that he is the owner or part owner to the extent of at least 20 tonnes gross in a vessel which has in the year preceding 1st March in any year of election of Members to the Authority made not less than 20 entries into the Harbour in respect of which harbour dues have been paid to the Authority.
2
Where a shipowner is an incorporated company, such company may by 1st April 1999 and on each anniversary thereafter as shall occur in a year in which there is an election to the Authority, intimate in writing to the Authority the name of one of their members or employees whom they desire to be an elector and such member or employee so named shall qualify to be an elector and Member. In the event of such incorporated company being registered as the shipowner of any vessel or vessels to the extent of 40 tonnes gross or more then the company may intimate the names of two of their members or employees to qualify as electors and Members.
3
Subject to the provisions of Article 9.(3) hereof a shipowner, other than an incorporated company, is qualified to be an elector and Member.
4
The Authority, its officials and employees shall not qualify as shipowners.
5
The following persons shall not qualify as shipowners:
a
The Council;
b
Any company or body wholly owned or controlled by the Council.
Business ratepayers
6
1
A business ratepayer (hereinafter referred to as a ratepayer) is a person:–
a
whose name appears on the Valuation Roll for the Shetland Islands as prepared by the Orkney & Shetland Valuation Joint Board as at 1st April in the year prior to that in which there is an election to the Authority (or in the event of the unavailability of such Roll, the most recent available Roll) as being the owner or tenant responsible for paying business rates on a property or properties situated in Lerwick with an aggregate annual rateable value of at least £2,500,
b
who pays said business rates in full, and
c
who is not a statutory undertaking or an organisation having Charitable status or a club or unincorporated association or any other body, however constituted, whose main source of income or funding derives other than directly from trading or commerce.
2
A ratepayer may also be:–
a
the owner or the person leasing an agricultural farm of not less than 50 hectares situated in Lerwick, or
b
the holder of a works licence authorising that person to operate a marine farm located within the Harbour.
3
Where a ratepayer is an incorporated company or a firm, such company or firm may by 1st April 1999 and on each anniversary thereafter as shall occur in a year in which there is an election to the Authority, intimate in writing to the Authority the name of one of their members or partners whom they desire to be an elector and such member or partner so named shall qualify to be an elector and Member. In the event of any incorporated company or firm appearing in said Valuation Roll as the owner or tenant of a property or properties with an aggregate annual rateable value of £5000 or more then the company or firm may intimate the names of two members or partners to qualify as electors and Members.
4
At each revaluation of the rateable value of business properties the sums of £2500 and £5000 mentioned in article 6(1) and (3) shall be re-assessed, retained, increased or decreased by the Authority in accordance with any changes in the Retail Price Index, as published by the Office of National Statistics which have occurred in said Index from the position in which it stood as at the date of the immediately preceding revaluation and the Authority shall arrange for the resultant figures to be published in a newspaper circulating in the Shetland Islands.
5
A ratepayer, other than an incorporated company or a firm, is qualified to be an elector and a Member.
6
The Authority, its officials and employees shall not qualify as ratepayers.
7
The following persons shall not qualify as ratepayers:
a
The Council;
b
Any company or body wholly owned or controlled by the Council.
Nomination, Election and Appointment of Members
Shipowners and Ratepayers
7
1
By 12th April 1999 the Chief Executive shall have prepared lists of the names of all ratepayers and shipowners eligible, or in the case of Council members, who may become eligible, to vote for or to be nominated or elected as Members of the Authority. The list of shipowners shall contain two categories of shipowners namely shipowners in the commercial sector and shipowners in the fishing sector.
2
By 19th April 1999 the Chief Executive shall have caused notice to be published in a newspaper circulating in the Shetland Islands that the lists are available for public inspection at the principal office of the Authority during normal business hours for a specified period of not less than 15 working days. For the purpose of this section “working days” means Monday to Friday inclusive in any week.
3
Any person who has cause for complaint that the lists are inaccurate, whether by commission or omission, shall be entitled, only during the period for public inspection, to make representations in writing to the Authority who shall without delay acknowledge in writing receipt of such representations.
4
The Authority shall within 14 days of the expiry of the period for complaint give written notification of its decision to those persons having made representations. The Authority’s decision shall be final and not subject to appeal.
5
By 24th May 1999 the Chairman shall have appointed a returning officer who may be an official of the Authority who shall give at least 14 days notice in a newspaper circulating in the Shetland Islands of nomination meetings to be held on a specified Tuesday in June 1999 at a specified time and venue in Lerwick for the purpose of nomination of Members who are shipowners or ratepayers or persons whose names have been intimated in writing to the Authority in accordance with Articles 5(2) and 6(5).
6
At the nomination meetings, the returning officer will accept nominations duly proposed and seconded by qualified electors and if there are four or fewer nominations at either or both meetings then the nominees will be declared duly appointed Members of the Authority.
7
In the event of a meeting producing more than four nominees, the returning officer shall publish details of the date, time and venue for a further meeting to take place in Lerwick within 14 days of the nomination meeting for the purpose of taking a poll.
8
The returning officer shall, at any meetings to take a poll, appoint one or more polling officers and polling shall be conducted between 1000 hours and 1600 hours by secret ballot. Votes shall be given personally, and each elector shall only be entitled to cast one vote for each Member to be elected. At the close of polling the returning officer shall count the votes. In the event that all shipowner Members would otherwise be entirely from either the fishing or commercial sectors then the nominee from that sector who has polled the fourth highest number of votes shall be disregarded and the nominee from the other sector who has polled the highest number of votes shall be substituted.
9
At any poll:–
a
to elect ratepayers, in the event of an equal number of votes being cast for the fourth nominee then the successful nominee shall be chosen by lot;
b
to elect shipowners, in the event of an equal number of votes being cast for the third nominee and the first two successful nominees and the tied nominees are all from either the fishing or commercial sectors, then the third nominee shall be chosen by lot and the fourth nominee shall be the nominee from the other sector who has polled the highest number of votes. In the event of an equal number of votes being cast for the fourth nominee and the first three successful nominees and the tied nominees are all from either the fishing or commercial sectors, then the fourth Member shall be the nominee from the other sector who has polled the highest number of votes. In the event of a tie for fourth place where there are already successful nominees from both sectors then the successful nominee shall be chosen by lot.
10
The returning officer shall then announce the names of the successful nominees who shall, subject to the provisions of Article 4(2), be declared duly appointed Members of the Authority.
11
Subject to the provision of Article 4(4) hereof the arrangements to apply in 1999 set out in paragraphs (1) to (10) above shall apply triennially thereafter.
Council Members
8
1
At the first meeting of the Council in May 1999, and on the first full meeting of each subsequently elected Council thereafter, the Council shall appoint four of their number to be Members of the Authority in accordance with the provisions of the articles of this Order.
2
Of the four Members appointed by the Council, at least three shall represent electoral divisions with the name “Lerwick” in the title.
3
Should any Member so appointed subsequently cease to be a member of the Council then that member shall also cease to be a Member of the Authority and the Council shall appoint a replacement from their number at the earliest convenient opportunity to serve for the remainder of the term of appointment of the Member ceasing to be a Member.
General
9
1
No name shall appear on more than one list of electors.
2
Where a person is qualified to have his name appear on both the list of shipowners and the list of ratepayers his name shall be entered in the list containing the lesser number of names and in the event of each list containing an equal number of names the Chief Executive will select the list in which the names shall be entered.
3
No shipowner or ratepayer or person whose name has been intimated in writing to the Authority in accordance with Articles 5(2) and 6(3) shall be qualified to vote for or nominate or be a Member of the Authority nor to continue to serve as such Member whilst being a member of the Council.
4
No person shall be qualified to be nominated as a Member or to be appointed by the Council as a Member of the Authority if that person shall have attained their 70th birthday before the date of the nomination meeting or the meeting of the Council appointing members of the Authority.
5
Members shall be eligible for re-appointment provided they otherwise continue to be eligible in accordance with the provisions of this Order.
6
No person shall be capable of acting as a Member of the Authority, except in administrating the declaration aftermentioned, without having made and signed before the Chief Executive or one of the Members a declaration to the following effect
I, AB, [design] do solemnly declare, that I will faithfully and impartially, according to the best of my skill and judgement, execute all the powers and authorities reposed in me as a Member of Lerwick Port Authority by virtue of the Harbour Acts and Orders and also that I am qualified to act as a Member of the Authority being a [here state the basis of qualification required by the Harbour Acts and Orders]
.
PART III
BOARD PROCEEDINGS
10
At each inaugural meeting of the Board of the Authority being the first meeting immediately following the nomination or election and appointment of members, the members shall choose one of their number to be Chairman and another to be Deputy Chairman for the forthcoming period of office of Members. If the Chairman and Deputy Chairman are ever both absent from any meeting, one of the other Members shall be chosen to be chairman of the meeting. At all meetings the presiding chairman shall, in the case of equality of votes, have a deliberative as well as a casting vote.
11
At all meetings of the Board five Members shall be a quorum.
12
The Board shall meet from time to time at such time and at such place as it thinks fit.
13
1
A special meeting of the Board shall be called by the Chief Executive upon receiving a written request signed by three or more Members which states the object of the proposed meeting. He shall give Members at least three days written notice of the meeting and its object unless the Board in meeting resolve that the time shall be more or less than three days. No business shall be discussed or transacted at any special meeting except the business specified in the written notice.
2
In the event that a situation arises which in the opinion of the Chairman or, in his absence, the Deputy Chairman, or of the Chief Executive requires an emergency meeting of the Board to be held he shall be entitled to call such a meeting on such notice as he deems fit.
14
The Board may from time to time appoint committees from its Members and may delegate powers to any such committee. The Board shall fix the quorum of any such committee, name the chairman and may continue, alter or discontinue such committee. Every committee so appointed may meet from time to time and may adjourn from place to place as they think proper for carrying into effect the objects of this appointment. At all meetings of the committee the chairman, or in his absence one of the Members present to be appointed by that meeting, shall preside. All questions shall be determined by the majority of the votes of the Members present and in the case of equality of votes the chairman shall have a deliberative as well as a casting vote.
PART IV
RESIGNATION, DISQUALIFICATION OR REPLACEMENT OF MEMBERS
15
A Member of the Authority may resign his membership by giving notice in writing to the Chairman of the Authority.
16
If the Board is satisfied that a Member–
a
has been absent from meetings of the Board for three consecutive months without the permission of the Board; or
b
has his estate sequestrated, becomes bankrupt or makes a trust deed for his creditors or otherwise compounds with his creditors; or
c
is a Member qualified in terms of either Article 5(2) or 6(3) hereof and the incorporated company or the firm who has intimated his name to the Authority in terms of said articles and being an incorporated company has a receiver appointed to its undertaking or enters into liquidation or, being a firm, has its assets sequestrated or becomes bankrupt; or
d
is incapacitated by physical or mental illness from discharging the functions of a Member; or
e
is otherwise unable or unfit to discharge the functions of a Member,
the Board may declare his office as a Member of the Authority to be vacant and thereupon his office as Member shall become vacant.
17
In the event that a Member–
a
within the period of two months from the date of the first meeting of the Authority following his nomination, election or appointment as a Member, neglects to sign the declaration of loyalty required in terms of Article 9(6); or
b
is absent from all meetings of the Board for six consecutive months
such Member shall cease to be a Member and thereupon his office as Member shall become vacant.
18
If there is a vacancy in the number of Authority Members because the shipowners or the ratepayers fail to nominate or to elect, or if the Council fails to appoint Members at the time specified for their appointment, or in the event that any Member dies, or resigns, or becomes disqualified, or ceases for any reason to be a Member before the expiry of their term of office, the remaining Members may, if they think fit, elect another Member or Members from electors in the category of Member in which the vacancy or vacancies has or have arisen to fill any such vacancy or vacancies. Every Member so elected shall continue in office for the remainder of the term of the Member whose place has been left vacant or has been vacated.
19
No act or proceedings of the Members, or of any committee of their number, shall be invalid or illegal in consequence only of there being any vacancy in the number of Members at the time of such act or proceeding, or of the non-election or non-appointment for any Members.
20
All acts and proceedings of the Members, or of any committee of their number, or of any person acting as a Member, even if it is later found that there was some defect in the nomination, election or appointment of such Member or persons acting as Members, or that they or any of them had become disqualified, shall be as valid as if every such person had been duly nominated elected and appointed and was qualified to be a Member.
21
The Authority may required all Members to furnish particulars of all sources of income, business interests, securities held, interest in any land in the vicinity of the Harbour or any other matter which may reasonably be conceived as having the potential to lead to a conflict of interest with the duties of a Member of the Authority. Knowledge of any such information provided shall be confined to the Chairman or in his absence the Deputy Chairman and to the Chief Executive subject to the proviso that, where in the opinion of the Chairman or Deputy Chairman after consultation with the Chief Executive there exists an actual or potential conflict of interest, they shall, after consultation with the Member or Members concerned, be entitled to divulge to the Board such information in relation to said Member or Members as they may consider relevant to said conflict of interest.
22
The Authority may pay to each Member of the Authority such reasonable remuneration, allowances and expenses as the Authority may from time to time determine.
23
Subject to the provisions of this Order the Authority shall have power to regulate its own procedure.
REPEALS
24
The following enactments are repealed to the extent specified: Lerwick Harbour Improvements Act, 1877 , Part II (Appointment of Trustees and Commencement of Act) with the exception of section 20.
Lerwick Harbour Order Confirmation Act 1911 , sections 12, 13, 14 and 15.
Lerwick Harbour (Miscellaneous Provisions) Order Confirmation Act 1975 , sections 3(1) and 5.
Lerwick Harbour Revision Order 1994 , the whole Order.
Signed by the authority of the Secretary of State for the Environment, Transport and the Regions
Stephen Reeves
Head of Ports Division,
Department of the Environment, Transport and the Regions
12th April 1999


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Tests) (Amendment) Regulations 1999 and shall come into force on 1st September 1999.
Preliminary
2
The Motor Vehicles (Tests) Regulations 1981 shall be further amended in accordance with the following provisions of these Regulations.
Amendments relating to fees
3
In each provision specified in column (1) of the Table below for the amount specified in relation to that provision in column (2) there shall be substituted the amount so specified in column (3).
TABLE
(1) (2) (3) Regulation Existing Amount Substituted Amount
20(1)(a) £12.74 £13.04 20(1)(aa) £21.28 £21.80 20(1)(b) £25.02 £25.63 20(1)(c)(i) £32.62 £33.91 20(1)(c)(ii) £30.87 £32.11 20(1)(ca) £37.26 £38.67 20(1)(d)(i) £51.88 £53.36 20(1)(d)(ii) £38.08 £39.18 20(1)(da)(i) £74.60 £76.68 20(1)(da)(ii) £46.55 £47.87 20(1)(f) £32.77 £33.80
Signed by authority of the Secretary of State
Larry Whitty
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
31st July 1999


text:
Citation and commencement
1
These Regulations may be cited as the Mines (Control of Ground Movement) Regulations 1999 and shall come into force on [ 1st December 1999 ].
Interpretation
2
1
In these Regulations, unless the context otherwise requires–
“the 1954 Act ” means the Mines and Quarries Act 1954 ;
“the 1993 Regulations ” means the Management and Administration of Safety and Health at Mines Regulations 1993 ;
“assessment of ground conditions” means the document referred to and described in regulation 5(b), as revised where necessary in accordance with regulation 5(c);
“design document” means the document referred to and described in regulation 6(1)(a) as revised where necessary in accordance with regulation 6(1)(b);
“ the Executive ” means the Health and Safety Executive;
“ground control measure” means a measure designed to control the movement of the ground including the provision and installation of support materials;
“manager” means in relation to any mine the person who is appointed under regulation 8 of the 1993 Regulations as the manager of that mine and any person who is appointed under regulation 15 of the 1993 Regulations as the manager for a part of that mine who shall be treated for the purpose of these Regulations as the manager in relation to that part;
“mine” means a mine within the meaning of the 1954 Act;
“official of the mine” means a person appointed in the management structure in accordance with regulation 10(1)(b) of the 1993 Regulations or to perform inspections in accordance with regulation 12(2) of those Regulations;
“owner” shall have the meaning assigned to it by sub-sections 181(1) and (4) of the 1954 Act;
“rules” means the rules referred to and described in regulation 7(1)(a), as revised where necessary in accordance with regulation 7(1)(b);
“support material” includes a prop, bar, arch girder, powered support, rockbolt and any other equipment or material designed for the purpose of controlling the movement of the ground.
2
In these Regulations, unless the context otherwise requires–
a
any reference to a numbered regulation is a reference to the regulation in these Regulations so numbered; and
b
a reference to a numbered paragraph is a reference to the paragraph so numbered in the regulation in which that reference appears.
Application
3
Save where the contrary intention appears, these Regulations shall apply to all mines.
Duty to secure safety of the mine
4
1
Subject to paragraphs (2) and (3), it shall be the duty of the manager of every mine to ensure that such ground control measures are taken as may be necessary for keeping secure every place in a mine where people work or pass.
2
The duty in paragraph (1) above shall be to ensure security against any reasonably foreseeable risk to the health or safety of any person.
3
Nothing in paragraph (1) shall require the taking of such ground control measures as are referred to in that paragraph with respect to a part of a mine every entrance to which is for the time being provided, in pursuance of regulation 8 of the Mines (Safety of Exit) Regulations 1988 with such barrier or enclosure as is therein mentioned.
Assessment of ground conditions
5
The manager of every mine shall ensure that–
a
before any excavation is undertaken all factors which are likely to affect the movement of the ground at that place are assessed for the purpose of identifying the ground control measures which may need to be taken in order to comply with regulation 4;
b
the assessment is recorded in a document (referred to in these Regulations as the “assessment of ground conditions”); and
c
the assessment of ground conditions is reviewed, and, where appropriate, revised if there is reason to suspect that there has been a material change in the matters to which it relates.
Design document
6
1
The manager of every mine shall ensure that–
a
a document is prepared which, taking into account the assessment of ground conditions, describes those ground control measures which may need to be taken in order to comply with regulation 4 (referred to in these Regulations as the “design document”); and
b
the design document is reviewed and, where appropriate, revised whenever there is a revision to the assessment of ground conditions.
2
Regulation 35(1) of the 1993 Regulations shall apply to the design document as it applies to reports and records.
Rules concerning the implementation of ground control measures
7
1
The manager of every mine shall ensure that–
a
there are prepared suitable and sufficient rules (referred to in these Regulations as the “rules”) which set out the ground control measures described under regulation 6(1) and instructions on how to implement them; and
b
the rules are reviewed and, where appropriate, revised whenever there is a revision to the design document.
2
The manager shall take such measures as are necessary to ensure that each person at work in the mine understands the rules which are relevant to that person.
3
Without prejudice to paragraph (2), the manager shall ensure that relevant extracts of the rules are–
a
posted in such a way that they can be seen easily and read by persons who work in the mine at the entrance to that part of the mine to which they apply; and
b
made available to all persons at work in the mine whose duties include taking ground control measures or who have the responsibility of ensuring that such measures are taken.
4
Nothing in these Regulations or in the rules shall prevent a person at work in a mine from installing support material additional to that which is required in the rules and which he has reason to believe is necessary for the purpose of securing the safety of himself or another.
5
A rule which is inconsistent with the provisions of any relevant statutory provision shall to the extent of the inconsistency be of no effect.
Notification of significant changes to ground control measures
8
1
This regulation shall apply to every mine of coal.
2
Not less than 28 days before making any significant change to any existing ground control measure in use at a mine, the manager of a mine to which this regulation applies shall–
a
notify the Executive in writing of the significant change proposed; and
b
supply the Executive with a copy of such parts of the assessment of ground conditions, the design document and the rules for that mine as may be relevant to the significant change proposed.
3
For the purposes of this regulation, a significant change to an existing ground control measure in use at the mine shall include any change which–
a
results in a ground control measure being used at the mine for the first time; or
b
would result in a departure from the support system standards specified in the Schedule to these Regulations,
but shall not include a temporary change to any existing ground control measure in use in part of a mine where that change is made for the purposes of health and safety in consequence of an emergency or some other circumstance which was not reasonably foreseeable.
4
In determining whether a ground control measure is being used at a mine for the first time, no account shall be taken of a ground control measure used temporarily in accordance with paragraph (3).
5
No person shall begin work to implement a significant change to any existing ground control measure in use at a mine until the 28 days referred to at paragraph (2) have elapsed unless the Executive agrees otherwise in writing.
Implementation of the rules and installation of support material by officials
9
Every official of a mine shall take all reasonable steps to ensure that–
a
the rules are implemented; and
b
there is installed any support material which is additional to that which is required in the rules and which he has reason to believe is necessary for the purpose of securing the safety of himself or another.
Assessment of adequacy of ground control measures
10
The manager of every mine shall ensure that–
a
an appropriate scheme for assessing the adequacy of the ground control measures in controlling the movement of the ground is prepared and implemented;
b
account is taken of any such assessment in the fulfilment of his duties under these Regulations; and
c
the assessment is recorded.
Supply of materials
11
1
No person shall install any support materials in a mine other than those provided by the owner of the mine.
2
The manager of every mine shall ensure that a sufficient supply of suitable support material is at all times readily available at any place in the mine where a person whose duties include its installation (referred to in this regulation as “the installer”) needs it for the purpose of keeping that place secure.
3
Where a sufficient supply of suitable support material is not readily available in accordance with paragraph (2) the installer shall withdraw to a place of safety and immediately report to an official of the mine that he has done so.
4
Where it appears to an official of a mine that a sufficient supply of suitable support material is not readily available in accordance with paragraph (2) then the official shall instruct the installer to withdraw to a place of safety.
5
Where in pursuance of either paragraph (3) or (4) the installer withdraws to a place of safety no official of the mine shall permit the installer to return to his working place until that official is satisfied that the support material required under paragraph (2) is readily available.
Installation of support material
12
1
Any person who is installing support material shall install that material in accordance with the rules.
2
Any person whose duties include the installation of support material at any place in a mine shall, where any part of the roof or sides at that place has become exposed and support material is needed for the purpose of keeping the exposed area safe–
a
immediately install support material; or
b
if he is unable to comply with sub-paragraph (a), immediately withdraw to a place of safety, prevent access to the exposed area and report the matter to an official of the mine.
3
If it appears to any person whose duties include the installation of support material at any place in a mine that any such material at that place has become unsuitable or unstable, he shall–
a
replace or make stable that support material as soon as possible, or
b
if he is unable to comply with sub-paragraph (a), immediately withdraw to a place of safety, prevent access to the place at which the support material has become unsuitable or unstable and report the condition of the support material to an official of the mine.
4
Any official of the mine who has received notification under paragraph (2)(b) or paragraph (3)(b), shall take all reasonable steps to ensure that–
a
any person working or passing in the place where the support material needs to be installed, replaced or made stable, as the case may be, withdraws to a place of safety;
b
access to that place is prevented; and
c
as the case may be and as soon as possible, support material is installed or the support material which has become unsuitable or unstable is replaced or made stable.
Withdrawal of support material
13
No person shall withdraw support material from any place in a mine other than by a safe method and from a position of safety.
Fall of roof or sides
14
Where it appears to an official of a mine that any fall of roof or sides has rendered unsuitable or unstable any place in the mine where any person is likely to work or pass the official shall take all reasonable steps to ensure–
a
that the roof or sides at the place in question is made secure before clearing debris, except to the extent that clearance is necessary for the installation of support material; or
b
if he is unable to comply with (a), that no person works or passes in the place where such fall has occurred, except in accordance with any directions given by the manager.
Certificates of exemption
15
1
Subject to paragraph (2) the Executive may, by a certificate in writing, exempt from all or any requirements or prohibitions imposed by these Regulations, any mine, or part of a mine or class of mines and any such exemption may be granted subject to conditions and to a limit of time and may be revoked by a certificate in writing at any time.
2
The Executive shall not grant any such exemption unless, having regard to the circumstances of the case, and in particular to–
a
the conditions, if any, which it proposes to attach to the exemption; and
b
any other requirements imposed by or under any enactment which apply to the case,
it is satisfied that the health and safety of persons who are likely to be affected by the exemption will not be prejudiced.
Disapplication of section 157 of the 1954 Act
16
Section 157 of the 1954 Act shall not apply to any legal proceedings or prosecution which are based on an allegation of a contravention of these Regulations.
Amendments
17
In–
a
sub-paragraph (3)(a) of regulation 7 of the Borehole Sites and Operations Regulations 1995 ; and
b
sub-paragraph (3)(a) of regulation 4 of the Mines Miscellaneous Health and Safety Provisions Regulations 1995 ,
the words from “and revised” to the end of each sub-paragraph shall be deleted.
Repeals and revocations
18
1
Sections 48 to 54 of the 1954 Act are hereby repealed.
2
The Coal and Other Mines (Support) Regulations 1966 are hereby revoked.
Signed by authority of the Secretary of State.
Whitty
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
1st September 1999


text:
1
1
This Order may be cited as the International Copper Study Group (Legal Capacities) Order 1999.
2
It shall come into force on the date on which the Terms of Reference of the International Copper Study Group enter into force in respect of the United Kingdom. That date shall be notified in the London, Edinburgh and Belfast Gazettes.
2
The International Copper Study Group is an organisation of which the United Kingdom and other sovereign powers are members.
3
The International Copper Study Group shall have the legal capacities of a body corporate.
A.K. Galloway
Clerk of the Privy Council


text:
1
1
This Order may be cited as the Greater London Authority Act 1999 (Consequential and Transitional Provisions) (Police) Order 1999 and shall come into force on 1st January 2000.
2
In this Order, “the 1999 Act ” means the Greater London Authority Act 1999.
2
1
From 1st January 2000 to 31st March 2000, the chief officer of police of a police force maintained under section 2 of the Police Act 1996 for the police area of Essex, Hertfordshire or Surrey may with the agreement of the Commissioner of Police of the Metropolis provide constables from that force to the metropolitan police force in preparation for the change effected as a result of section 323 of the 1999 Act.
2
While a constable is provided under this article to the metropolitan police force, he shall be under the direction and control of the Commissioner of Police of the Metropolis, notwithstanding section 10(1) of the Police Act 1996.
3
The police authority maintaining the metropolitan police force shall pay to the police authority maintaining a police force from which constables are provided under this article such contribution (if any) as may be agreed upon by those police authorities.
4
This article is without prejudice to any other power of a chief officer of police to provide constables or other assistance to another police force.
3
Where constables are provided from one police force to another pursuant to section 324 of the 1999 Act or article 2 above, section 88 of the Police Act 1996 shall apply as if those constables were included in subsection (5)(b) of that section.
Lord Steve Bassam
Parliamentary Under-Secretary of State
Home Office
8th December 1999


text:
1
1
This Order may be cited as the Value Added Tax (Input Tax) (Amendment) Order 1999.
2
This Order, with the exception of articles 4, 5 and 6(c), shall come into force on 1st December 1999.
3
Articles 4, 5 and 6(c) shall come into force on 1st March 2000.
2
The Value Added Tax (Input Tax) Order 1992 shall be amended in accordance with this Order.
3
In article 2 —
a
for the definition of “motor car” there shall be substituted —
“Motor car” means any motor vehicle of a kind normally used on public roads which has three or more wheels and either —
is constructed or adapted solely or mainly for the carriage of passengers; or
has to the rear of the driver’s seat roofed accommodation which is fitted with side windows or which is constructed or adapted for the fitting of side windows;
but does not include —
vehicles capable of accommodating only one person;
vehicles which meet the requirements of Schedule 6 to the Road Vehicles (Construction and Use) Regulations 1986 and are capable of carrying twelve or more seated persons;
vehicles of not less than three tonnes unladen weight (as defined in the Table to regulation 3(2) of the Road Vehicles (Construction and Use) Regulations 1986);
vehicles constructed to carry a payload (the difference between a vehicle’s kerb weight (as defined in the Table to regulation 3(2) of the Road Vehicles (Construction and Use) Regulations 1986) and its maximum gross weight (as defined in that Table)) of one tonne or more;
caravans, ambulances and prison vans;
vehicles constructed for a special purpose other than the carriage of persons and having no other accommodation for carrying persons than such as is incidental to that purpose;
;
b
after the definition of “motor car” there shall be inserted —
“motor dealer” means a person whose business consists in whole or in part of obtaining supplies of, or acquiring from another member State or importing, new or second-hand motor cars for resale with a view to making an overall profit on the sale of them (whether or not a profit is made on each sale);
“motor manufacturer” means a person whose business consists in whole or part of producing motor cars including producing motors cars by conversion of a vehicle (whether a motor car or not);
;
c
the definition of “printed matter” shall be omitted; and
d
after the definition of “second-hand goods” there shall be inserted —
“stock in trade” means new or second-hand motor cars (other than second-hand motor cars which are not qualifying motor cars within the meaning of article 7(2A) below) which are —
produced by a motor manufacturer or, as the case may require, supplied to or acquired from another member State or imported by a motor dealer, for the purpose of resale, and
are intended to be sold by —
a motor manufacturer within 12 months of their production, or
by a motor dealer within 12 months of their supply, acquisition from another member State or importation, as the case may require,
and such motor cars shall not cease to be stock in trade where they are temporarily put to a use in the motor manufacturer’s or, as the case may be, the motor dealer’s business which involves making them available for private use;
.
4
In article 4, paragraph (3)(aa) shall be omitted.
5
In article 5 —
a
in paragraph (2) —
i
“a supply, acquisition or importation of any goods, or on” and “on a supply by him of the goods in question not being a letting on hire or” shall be omitted; and
ii
for sub-paragraphs (a) and (b) there shall be substituted —
a
the consideration for which the services are supplied by him, over (b) the consideration for which the services were supplied to him,
; and
b
paragraph (4) shall be omitted.
6
In article 7 —
a
in paragraph (2) after sub-paragraph (a) there shall be inserted —
aa
the motor car forms part of the stock in trade of a motor manufacturer or a motor dealer;
;
b
in paragraph (2A) after “paragraph (2)(a)” there shall be added “and (b)”; and
c
paragraphs (4) and (5) shall be omitted.
Bob Ainsworth
Clive Betts
Two of the Lords Commissioners of Her Majesty’s Treasury
26th October 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Epsom and St. Helier National Health Service Trust (Establishment) Order 1999 and shall come into force on 1st April 1999.
2
In this Order, unless the context otherwise requires–
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of or Schedule 1 to the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Epsom and St. Helier National Health Service Trust established by article 2 of this Order.
Establishment and name of the trust
2
There is hereby established an NHS trust which shall be called the Epsom and St. Helier National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1)(a) of the Act.
2
The trust’s functions shall be to own and manage Epsom General Hospital, Dorking Road, Epsom, Surrey KT18 7EG, St. Helier Hospital, Wrythe Lane, Carshalton, Surrey SM5 1AA (including the management of its teaching and research facilities), and associated establishments and facilities, and there to provide and manage hospital accommodation and services, and there and from there to provide and manage community health services.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Significant teaching commitment
5
1
The trust is to be regarded as having a significant teaching commitment by virtue of paragraph 3(2)(a) of Schedule 2 to the Act.
2
One of the non-executive directors of the trust shall be appointed from the University of London.
Operational date and accounting date of the trust
6
1
The operational date of the trust shall be 1st April 1999.
2
The accounting date of the trust shall be 31st March.
Restriction on disposal of assets
7
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Hayman
Parliamentary Under Secretary of State,
Department of Health
16th March 1999


text:
1
This Order may be cited as the Public Telecommunication System Designation (PLDncompass Limited) Order 1999 and shall come into force on 23rd November 1999.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Patricia Hewitt,
Minister for Small Business and E-Commerce,
Department of Trade and Industry
18th October 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Salford Royal Hospitals National Health Service Trust (Establishment) Amendment Order 1999 and shall come into force on 9th August 1999.
2
In this Order, “the Principal Order ” means the Salford Royal Hospitals National Health Service Trust (Establishment) Order 1994 .
Amendment of NHS trust Establishment Order
2
1
For article 3 of the Principal Order there shall be substituted the following article:–
Nature and functions of the Trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions shall be–
a
to own and manage pursuant to section 5(1)(a) of the Act hospital accommodation and services provided at Hope Hospital, Stott Lane, Salford M6 8HD and associated hospitals (including the management of its teaching and research facilities); and
b
to provide and manage pursuant to section 5(1)(b) of the Act a neurological rehabilitation unit in the area of Salford and Trafford Health Authority, and there to provide and manage hospital accommodation and services.
.
Signed by authority of the Secretary of State for Health
Tessa Jowell
Minister of State for Public Health,
Department of Health
29th July 1999


text:
1
This Order may be cited as the Criminal Justice Act 1993 (Commencement No. 10) Order 1999.
2
Sections 1 to 4, section 5(2) and section 6 of the Criminal Justice Act 1993 shall come into force on 1st June 1999.
Jack Straw
One of Her Majesty’s Principal Secretaries of State
Home Office
19th April 1999


text:
Citation, commencement and interpretation
1
1
This Scheme may be cited as the Personal Injuries (Civilians) Amendment Scheme 1999 and shall come into force on 12th April 1999.
2
In this Scheme, the expression “the principal Scheme” means the Personal Injuries (Civilians) Scheme 1983 .
Amendment of article 18 of the principal Scheme
2
In article 18 of the principal Scheme (unemployability allowances) in paragraph (2) for the amount “£2,496” there shall be substituted the amount “£3,016”.
Substitution of article 25B of the principal Order
3
For article 25B (medical expenses) there shall be substituted the following article–
25B
Any necessary expenses in respect of the medical, surgical or rehabilitative treatment of a disabled person and of appropriate aids and adaptations for disabled living may, in so far as the expenses wholly or mainly arise as a result of a qualifying injury and in so far as the treatment, aids or adaptations are not provided for, otherwise than on payment of a charge by the disabled person, under legislation of the United Kingdom (other than any enactment under which this Scheme is made), be defrayed by the Secretary of State under such conditions and up to such amounts as he may determine.
.
Substitution of Schedules 3 and 4 to the principal Scheme
4
For Schedules 3 and 4 to the principal Scheme (rates of pensions and allowances payable in respect of disablement and death) there shall respectively be substituted the Schedules set out in the Schedule to this Scheme and numbered 3 and 4.
Signed by authority of the Secretary of State for Social Security.
P. Hollis
Parliamentary Under-Secretary of State,
Department of Social Security
1st February 1999
We approve,
Clive J. C. Betts
Bob Ainsworth
Two of the Lords Commissioners of Her Majesty’s Treasury
4th February 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Tees, East and North Yorkshire Ambulance Service National Health Service Trust (Establishment) Order 1999 and shall come into force on 1st April 1999.
2
In this Order, unless the context otherwise requires–
“ the Act ” means the National Health Service and Community Care Act 1990;
“the trust” means the Tees, East and North Yorkshire Ambulance Service National Health Service Trust established by article 2 of this Order.
Establishment and name of the trust
2
There is hereby established an NHS trust which shall be called the Tees, East and North Yorkshire Ambulance Service National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions shall be–
a
to provide and manage ambulance and associated transport services; and
b
to provide and manage such other services (including communications and training) relating to the provision of care as can reasonably be carried out in conjunction with the management of ambulance and associated transport services from Ambulance Headquarters at:
i
Venture House, Marton Road, Middlesbrough, Cleveland TS4 3TL,
ii
Fairfields, Shipton Road, York YO6 6XW,
iii
Springfield House, Springfield Way, Anlaby, Hull HU10 6RZ,
and from other establishments or facilities.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1999.
2
The accounting date of the trust shall be 31st March.
Restriction on disposal of assets
6
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
15th March 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the St. Helens and Knowsley Hospital Services National Health Service Trust (Establishment) Amendment Order 1999 and shall come into force on 22nd March 1999.
2
In this Order, “the Establishment Order ” means the St. Helens and Knowsley Hospital Services National Health Service Trust (Establishment) Order 1990 .
Amendment of NHS trust Establishment Order
2
1
In article 1(2) of the Establishment Order (interpretation), the following definition shall be inserted:–
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of or Schedule 1 to the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act
.
2
For article 3 of the Establishment Order (functions of the trust) there shall be substituted the following:–
Nature and functions of the Trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions shall be:–
a
to own and manage pursuant to section 5(1)(a) of the Act the Whiston Hospital, Warrington Road, Whiston, Prescot L35 5DR and associated hospitals, establishments and facilities, and there to provide and manage hospital accommodation and services, and there and from there to provide and manage community health services; and
b
to provide and manage pursuant to section 5(1)(b) of the Act Peasley Cross Unit, Marshalls Cross Road, St. Helens, Merseyside WA9 3DA, and there to provide and manage hospital accommodation and services.
.
Signed by authority of the Secretary of State for Health.
John Denham
Minister of State,
Department of Health
8th March 1999


text:
Citation and commencement
1
These Regulations may be cited as the Town and Country Planning (Costs of Inquiries etc.) (Standard Daily Amount) Regulations 1999 and shall come into force on 15th March 1999.
Application
2
1
These Regulations apply in relation to any person, other than a person described in paragraph (2) below, appointed by the Secretary of State to hold, or as one of the persons who are to hold, a qualifying inquiry opening on or after the date on which these Regulations come into force.
2
These Regulations do not apply in relation to any person who is appointed to conduct, or is appointed as one of the persons who are to conduct, an examination in public under section 35B(1) of the Town and Country Planning Act 1990 (“the 1990 Act ”) and whose remuneration and travelling or subsistence allowances (if any) in respect of that appointment are to be paid as mentioned in subsection (7) of section 303A of the 1990 Act.
Standard daily amount
3
The standard daily amount prescribed under section 303A(5) of the 1990 Act is £430.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Richard G. Caborn
Minister of State,
Department of the Environment, Transport and the Regions
5th February 1999
Signed by the authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under Secretary of State, Welsh Office
10th February 1999


text:
Citation and commencement
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (Burnley Borough Council and Epping Forest District Council) Order 1999 and shall come into force on 5th April 1999.
Exemption of managing sports and leisure facilities
2
The management of sports and leisure facilities shall not be treated as a defined activity so long as it is carried out–
a
by Burnley Borough Council during the period beginning with 5th April 1999 and ending immediately before 1st July 1999;
b
by Epping Forest District Council at Loughton Pool during the period beginning with 5th April 1999 and ending immediately before 1st November 1999.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
11th March 1999


text:
Title and commencement
1
These Regulations may be cited as the Seeds (Fees) (Amendment) (No. 2) Regulations 1999 and shall come into force on 30th July 1999.
Amendment
2
After regulation 3 (fees) of the Seeds (Fees) Regulations 1985 there shall be inserted–
4
Regulation 3 above shall apply to matters listed in column (1) of Schedules 1 to 6 arising in relation to breeder’s confirmations as it does to matters so listed arising in relation to official certificates.
.
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
29th June 1999
Calum MacDonald
Parliamentary Under Secretary of State, Scottish Office
29th June 1999
Signed by authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under Secretary of State, Welsh Office
29th June 1999


text:
Citation and commencement
1
This Order may be cited as the Luton and Dunstable Hospital National Health Service Trust (Establishment) Amendment Order 1999 and shall come into force on 3rd May 1999.
Amendment of Establishment Order
2
For article 3 of the Luton and Dunstable Hospital National Health Service Trust (Establishment) Order 1991 (nature and functions of the trust) there shall be substituted the following article:–
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions shall be to provide and manage pursuant to section 5(1)(b) of the Act The Luton and Dunstable Hospital, Lewsey Road, Luton, Bedfordshire LU4 0DZ and associated premises in the area of Bedfordshire Health Authority, and there to provide hospital accommodation and services.
.
Signed by authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
22nd April 1999


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Merchant Shipping (Reporting Requirements for Ships carrying Dangerous or Polluting Goods) (Amendment) Regulations 1999 and shall come into force on 1st September 1999.
2
In these Regulations “the principal Regulations ” means the Merchant Shipping (Reporting Requirements for Ships Carrying Dangerous or Polluting Goods) Regulations 1995 .
Amendment of regulation 2 (Interpretation and revocation)
2
1
Regulation 2(1) of the principal Regulations shall be amended by the insertion after the words “polluting goods” of the words “as amended by Council Directive 98/55/ EC ”.
2
Regulation 2(2) of the principal Regulations shall be amended as set out in paragraphs (3) to (9) of this Regulation.
3
In the definition of “dangerous goods”, after the words “ IMDG Code ” there shall be added the words “including radioactive materials as referred to in the INF Code”.
4
In the definition of “discharge” after the words “emitting and emptying” there shall be added the words “but does not include release of harmful substances directly arising from the exploration, exploitation and associated off-shore processing of sea-bed mineral resources”.
5
In the definition of “Merchant Shipping Notice” for the words “ Marine Safety Agency of the Department of Transport” there shall be substituted the words “Secretary of State”.
6
For the definition of “polluting goods” there shall be substituted the following definition:
“polluting goods” means:
oil as defined in MARPOL Annex I, excluding the bunkers and ship’s stores;
noxious liquid substances;
harmful substances in packaged form;
.
7
The definition of “radioactive materials” shall be deleted.
8
In the definition of the word “ship” the words “a structure which is a fixed or floating platform” shall be omitted.
9
The following definitions shall be inserted:
“controlled waters” means the waters specified as areas within which the jurisdiction and rights of the United Kingdom are exercisable by the Merchant Shipping (Prevention of Pollution) (Limits) Regulations 1996 ;
“harmful substances in packaged form” has the meaning given by MARPOL Annex III ;
“installation” means any drilling or production platform or any other platform used in connection with the exploration, exploitation or associated offshore processing of seabed mineral resources;
“INF Code” means the IMO code for the safe carriage of irradiated nuclear fuel, plutonium and high-level radioactive wastes in flasks on board ships, including amendments adopted on or before 1st January 1998;
“noxious liquid substances” has the meaning given to it by the Merchant Shipping (Dangerous or Noxious Liquid Substances in Bulk) Regulations 1996 ;
“permitted level” means the quantity or instantaneous rate permitted under the relevant provisions of the Merchant Shipping (Prevention of Oil Pollution) Regulations 1996 or the Merchant Shipping (Dangerous or Noxious Liquid Substances in Bulk) Regulations 1996;
.
10
Regulation 2(3) of the principal Regulations shall be amended by the insertion after the words “the IGC Code” of the words “, the INF Code”.
Amendment of regulation 3 (Application)
3
In regulation 3 of the principal Regulations:
a
in paragraph (2)(c), for “(1)(d)” there shall be substituted “ (1)(e)”,
b
in paragraph (4), the word “Bunkers,” shall be omitted, and
c
after paragraph (4) the following paragraphs shall be added:
5
Regulations 9 to 11 apply to any fixed or floating installation on location in controlled waters, and in the application of regulations 9 to 11 to those installations–
a
references to a ship shall be taken to include reference to an installation;
b
references to a master of a ship shall be taken to include references to an installation manager, and
c
references to an operator of a ship shall be taken to include references to an owner of an installation.
6
These Regulations, other than regulations 9 to 11, apply to any fixed or floating installation other than an installation on location in controlled waters as they would apply if that installation were a ship.
.
Amendment of regulation 5 (notification by ships carrying dangerous or polluting goods)
4
In regulation 5 of the principal Regulations:
a
in paragraph (1)(a) and (b) for the words “M 1630” there shall be substituted the words “ MSN 1741 (M)”,
b
for paragraph (1)(c) there shall be substituted the following paragraph:
c
The operator of a United Kingdom ship shall, before leaving a port outside the European Community carrying dangerous goods or harmful substances in packaged form, comply with the requirements set out in paragraphs 7.2 and 7.3 of Merchant Shipping Notice MSN 1741 (M).
, and
c
in paragraph (2), for the words after “radioactive materials” there shall be inserted the words “as classified in the IMDG Code for Class 7 goods in accordance with the requirements of that Code.”.
Amendment of regulation 6 (Notification to the State of destination or anchorage)
5
In regulation 6(2) of the principal Regulations, for the words “M 1630 ” there shall be substituted the words “MSN 1741 (M)”.
Amendment of regulation 9 (Reporting of incidents)
6
In regulation 9 of the principal Regulations:
a
for paragraph (1) there shall be substituted the following paragraph:
9
1
The master of a ship involved in an incident or circumstance at sea involving–
a
a discharge of oil or noxious liquid substances above the permitted level, or the probability of a discharge of oil or noxious liquid substances, for whatever reason including those for the purpose of securing the safety of the ship or for saving life at sea;
b
a discharge of dangerous goods or harmful substances in packaged form, or the probability of such a discharge, including those in freight containers, portable tanks, road and rail vehicles and shipborne barges;
c
any damage, failure or breakdown of a ship of 15 metres in length or above which–
i
affects the safety of the ship, such as collision, grounding, fire, explosion, structural failure, flooding or cargo shifting; or
ii
impairs the safety of navigation, such as failure or breakdown of steering gear, propulsion plant, electrical generating system or essential shipborne navigational aids;
d
a discharge during the operation of the ship of oil or noxious liquid substances in excess of the permitted level; or
e
without prejudice to sub-paragraphs (a) to (d) above, a threat of damage to the coastline or related interests of the United Kingdom,
shall, (subject to paragraph (2) below) report the particulars of such an incident without delay and to the fullest extent possible together with the information specified in Schedule 1 to the Merchant Shipping Notice MSN 1741 (M), in accordance with paragraph (4) below and regulation 11.
, and
b
in paragraph (4)(b):
i
for the words “Resolution A.648(16)” there shall be substituted the words “Resolution A.851(20)”; and
ii
for the date “19th October 1989” there shall be substituted the date “ 27th November 1997”.
Amendment of regulation 12 (Master to supply information to pilots)
7
In regulation 12(1) of the principal Regulations, for the words “M 1630 ” there shall be substituted the words “MSN 1741 (M)”.
Amendment of regulation 15 (Offences)
8
In regulation 15 of the principal Regulations:
a
in paragraph (3), “5(1),” shall be omitted,
b
sub-paragraph (4)(a) shall be omitted, and
c
after paragraph (4) there shall be inserted the following paragraphs:
4A
If in respect of a fixed or floating installation–
a
there is any contravention of regulation 9(3) or of regulation 10 in so far as it relates to regulation 9(4); or
b
the owner in purported compliance with regulation 9(3) makes a notification or report which he knows to be false in a material particular,
the owner of the installation shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum, or on conviction on indictment to a fine.
4B
If in respect of a fixed or floating installation, the installation manager–
a
contravenes regulation 9(1) or (4) or regulation 10 in so far as it relates to regulation 9(1) or (4) he shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum, or on conviction on indictment to a fine; or
b
in purported compliance with regulation 9, makes a notification which he knows to be false in a material particular, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum.
.
Signed by authority of the Secretary of State for the Environment, Transport and Regions
Glenda Jackson
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
26th July 1999


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Tax Credits (Payments on Account, Overpayments and Recovery) (Amendment) Regulations 1999 and shall come into force on 5th October 1999 immediately after the coming into force of section 2 of the Tax Credits Act 1999.
2
These Regulations have effect —
a
with respect only to tax credit, and
b
with respect to any period, for which tax credit is payable to a person by virtue of section 128(3) or 129(6) of the Social Security Contributions and Benefits Act 1992 , commencing on or after 5th October 1999.
Interpretation
2
In these Regulations unless the context otherwise requires —
“the principal Regulations ” means the Social Security (Payments on account, Overpayments and Recovery) Regulations 1988 and “regulation” means a regulation of the principal Regulations;
“tax credit” means working families' tax credit or disabled person’s tax credit, within the meanings in section 1(1) of the Tax Credits Act 1999.
Amendments to the principal Regulations
3
In regulation 1(2) —
a
for the definition of “adjudicating authority” there shall be substituted —
“adjudicating authority” means, as the case may require, the Board, an officer of the Board, an appeal tribunal constituted under section 7 of the Social Security Act 1998, the Chief Social Security Commissioner or any other Social Security Commissioner, or a tribunal consisting of three or more of such Commissioners in accordance with section 16(7) of that Act;;
b
in the definition of “benefit” for the words “family credit” there shall be substituted the words “disabled person’s tax credit, working families' tax credit”;
c
after the definition of “benefit” there shall be inserted —
“the Board” means the Commissioners of Inland Revenue;;
d
for the definition of “disability working allowance” there shall be substituted —
“disabled person’s tax credit” means a disabled person’s tax credit under section 129 of the Contributions and Benefits Act and, in relation to things done, or falling to be done, prior to 5th October 1999, shall include a reference to disability working allowance;;
e
the definition of “family credit” shall be omitted;
f
at the end there shall be added —
“start notification” means a notification of entitlement to tax credit furnished to an employer by the Board, referred to in section 6(2)(a) of the Tax Credits Act 1999;
“tax credit” means working families' tax credit or disabled person’s tax credit;
“working families' tax credit” means working families' tax credit under section 128 of the Contributions and Benefits Act and, in relation to things done, or falling to be done, prior to 5th October 1999, shall include a reference to family credit.
4
1
Regulation 2 is amended as follows.
2
In paragraph (1) —
a
for the words “the Secretary of State may, in his discretion” there shall be substituted the words “the Board may, in their discretion”;
b
for the word “him” there shall be substituted the word “them”;
c
in sub-paragraph (b) for the word “review” there shall be substituted the words “revision, supersession”.
3
In paragraph (1A) for the words “the Secretary of State” there shall be substituted the words “the Board”.
5
1
Regulation 3 is amended as follows.
2
At the beginning there shall be inserted “(1)” and in the paragraph (1) so formed, for the word “Where” where it first appears there shall be substituted the words “Subject to paragraph (2), where”.
3
At the end of paragraph (1) so formed there shall be added —
2
Where the interim payment mentioned in paragraph (1)(a) is a payment on account of tax credit, paragraph 1(a), but not paragraph 1(b), shall apply with the modification that, for the words “Secretary of State” there is substituted the word “Board”.
6
In Regulation 4 after paragraph (4) there shall be added —
5
Where the interim payment is a payment on account of tax credit paragraphs (2) to (4) shall apply with the modification that for references to “the Secretary of State” there shall be substituted references to “the Board”.
.
7
1
Regulation 5 is amended as follows.
2
In paragraph (1) after the words “Subject to” there shall be added the words “paragraphs (1A) and (2A) and”.
3
After paragraph (1) there shall be inserted —
1A
In paragraph (1) the reference to “any sum paid” shall, in relation to tax credit, include a reference to any amount or calculation of tax credit payable in respect of a period prior to the date of the subsequent determination, which is included in a start notification given by the Board to an employer, and for the payment of which the employer remains responsible.
4
In paragraph (2) —
a
for the word “ reversed ” in the heading to Case 1 there shall be substituted the word “ superseded ”;
b
for the words “on a review” (in Case 1) there shall be substituted the words “or superseded”;
c
for the words “determined, on review or appeal” (in Case 2) there shall be substituted the words “decided, on a revision, supersession or appeal”.
5
After paragraph (2) there shall be inserted —
2A
In paragraph (2), Case 2 shall not apply where either —
a
the sum paid under the original award, or
b
the subsequent decision on the revision, supersession or appeal,
referred to in that Case (but not both) is or relates to tax credit.
8
In regulation 8(1) sub-paragraphs (c) and (h) shall be omitted.
9
1
Regulation 11 is amended as follows.
2
In paragraph (1) for the word “Where” there shall be substituted the words “Subject to paragraph (4), where”.
3
After paragraph (3) there shall be added —
4
Where the payment mentioned in paragraph (1) is a payment of tax credit, paragraphs (1) and (2) shall apply with the modifications that —
a
in paragraph (1) for the words “Secretary of State's” there is substituted the word “Board's”, and
b
in paragraph (2) for the words “Secretary of State” there is substituted the word “Board”.
10
In regulation 12 —
a
for the words “variation or revision” there shall be substituted the words “variation, revision or supersession”;
b
for the words “reviewing and revising” there shall be substituted the words “revising or superseding”.
11
1
Regulation 13 is amended as follows.
2
At the beginning there shall be inserted “(1)” and in the paragraph (1) so formed, for the word “In” where it first appears there shall be substituted the words “Subject to paragraph (2), in”.
3
After paragraph (1) so formed there shall be added —
2
Paragraph (1) shall apply to tax credit only where both —
a
the overpayment of benefit referred to in that paragraph, and
b
the amount referred to in sub-paragraph (a) of that paragraph,
are tax credit, and with the modification that sub-paragraph (b) of that paragraph is omitted.
12
In regulation 14 for the words “family credit or disability working allowance” wherever they occur there shall be substituted the words “working families' tax credit or disabled person’s tax credit”.
13
In regulation 15(2) sub-paragraphs (c) and (e) shall be omitted.
14
In regulation 17 the words “family credit or disability working allowance” wherever they occur shall be omitted.
G H Bush
Tim Flesher
Two of the Commissioners of Inland Revenue
14th September 1999


text:
1
These Regulations may be cited as the Indonesia (Supply, Sale, Export and Shipment of Equipment) (Penalties and Licences) Regluations 1999 and shall come into force on 14 October 1999.
2
Any person who infringes the prohibition in Article 1 of Council Regulation ( EC ) No. 2158/99 of 11 October 1999 concerning the ban on the supply to Indonesia of equipment which might be used for internal repression or terrorism, shall be guilty of an offence and may be arrested.
3
1
Authorisation for
a
the supply, sale, export or shipment of equipment to Indonesia, or
b
the participation in related activities,
as provided for in the said Council Regulation shall in the United Kingdom be by way of a licence in writing granted by the Secretary of State.
2
If for the purpose of obtaining a licence any person —
a
makes any statement or furnishes any document which to his knowledge is false in a material particular, or
b
recklessly makes any statement or furnishes any document or information which is false in a material particular,
he shall be guilty of an offence; and any licence granted in connection with the application for which the false statement was made or the false document or information furnished shall be void as from the time it was granted.
3
Any person who, having carried out any of the acts specified in paragraph (1) under the authority of a licence granted under this regulation, fails to comply with any requirements or conditions to which the licence is subject shall be guilty of an offence unless —
a
the licence had been modified previously by the Secretary of State without that person’s consent,
b
the alleged failure to comply would not have been a failure had the licence not been so modified, and
c
that person proves that the carrying out of the act had taken place before the modification had been made.
4
1
A person guilty of an offence under regulation 2 or 3(2) or (3) above shall be liable —
a
on conviction on indictment, to a fine or imprisonment for a term not exceeding two years or to both; or
b
on summary conviction, to a fine not exceeding the statutory maximum.
2
Notwithstanding that the offence in regulation 2 above is not, by virtue of the term of imprisonment for which a person may be sentenced in respect of it, an arrestable offence within the meaning of the Police and Criminal Evidence Act 1984 and the Police and Criminal Evidence (Northern Ireland Order) 1989 , section 24(2) of that Act (in England and Wales) and Article 26(2) of that Order (in Northern Ireland) shall apply to the offence as if it were mentioned therein, and the offence shall accordingly be an arrestable offence within the meaning of the Act and the Order.
3
Section 138 of the Customs and Excise Management Act 1979 (provision as to arrest of persons) shall apply to the arrest of any person for an offence under regulation 2 above as it applies to the arrest of any person for an offence under the customs and excise Acts.
4
Sections 145 to 148 and 150 to 155 of the Customs and Excise Management Act 1979 (proceedings for offences, mitigation of penalties, proof and other matters) shall apply in relation to offences and penalties under these regulations and proceedings for such offences as they apply in relation to offences and penalties and proceedings for offences under the customs and excise Acts.
5
Nothing in subsections (1) to (4) of section 145 of the Customs and Excise Management Act 1979 (institution of proceedings for offences under the customs and excise Acts to be by order of the Commissioners) shall prevent the institution of proceedings by the Secretary of State for an offence under regulation 3(2) or (3) above.
6
In this regulation, “customs and excise Acts” has the same meaning as in section 1 of the Customs and Excise Management Act 1979.
Kim Howells
Parliamentary Under Secretary of State for Consumers and Corporate Affairs
Department of Trade and Industry
13th October 1999


text:
Citation and Commencement
1
These Regulations may be cited as the Dartford-Thurrock Crossing (Amendment) Regulations 1999 and shall come into force on the 1st September 1999.
Abnormal Loads
2
For Parts I and II of the Table to Regulation 4 of the Dartford-Thurrock Crossing Regulations 1998 (“the 1998 Regulations ”), there shall be substituted the following:–
PART I
Time of Commencement of Passage Charge
Overall Width Greater than 2.75 metres and not more than 6.1 metres Passage commencing after 06.00 hours and before 22.00 hours £41.00 Greater than 2.75 metres and not more than 6.1 metres Passage commencing on or after 22.00 hours and on or before 06.00 hours £20.00 Greater than 6.1 metres At any time £187.00 Overall length Greater than 18.75 metres and not more than 27.4 metres Passage commencing after 06.00 hours and before 22.00 hours £41.00 Greater than 18.75 metres and not more than 27.4 metres Passage commencing on or after 22.00 hours and on or before 06.00 hours £187.00 Greater than 27.4 metres At any time £187.00 Total weight of vehicle Greater than 150,000 kilograms At any time £187.00
PART II
Time of Commencement of Passage Charge
Overall Width Greater than 3.65 metres and not more than 6.1 metres Passage commencing after 06.00 hours and before 22.00 hours £41.00 Greater than 3.65 metres and not more than 6.1 metres Passage commencing on or after 22.00 hours and on or before 06.00 hours £20.00 Greater than 6.1 metres At any time £187.00 Overall length Greater than 27.4 metres At any time £187.00 Total weight of vehicles Greater than 150,000 kilograms At any time £187.00
Dangerous goods
3
In regulation 5 of the 1998 Regulations, for the reference to the booklet entitled “Dangerous Traffic”, 9th edition issued in 1997, there shall be substituted a reference to the 10th edition of that booklet issued in 1999.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Larry Whitty
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
3rd August 1999


text:
1
This Order may be cited as the A4 Trunk Road (Bath Road and North Hatton Road, Hillingdon) (Left Turn Lane) Order 1999 and shall come into force on 7th February 1999.
2
In this Order:
“the trunk road” means that length of the A4 Trunk Road in the London Borough of Hillingdon known as Bath Road;
“North Hatton Road” means the road of that name in the London Borough of Hillingdon;
“bus” means a “public service” vehicle as defined in section 1 of the Public Passenger Vehicles Act 1981 ;
“bicycle” means a bicycle not being a motor vehicle; and
“taxi” has the meaning given in regulation 4 of the Traffic Signs Regulations and General Directions 1994 .
3
Save as provided in article 4 below, no person shall cause or permit any vehicle proceeding in the nearside lane of the westbound carriageway of the trunk road, between a point 49 metres east of the eastern kerbline of the off slip road at North Hatton Road and the western kerbline of that off slip road, from proceeding in any direction other than southbound–
4
Nothing in article 3 above shall apply to:–
a
buses, taxis or bicycles;
b
any vehicle being used for Police, Fire Brigade or Ambulance purposes; and
c
anything done at the direction or with the permission of a constable in uniform or a traffic warden.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
A.R. Mellors
A Grade 7 Officer, Highways Agency, London Network & Customer Services Division
29th January 1999


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Portland Harbour Fishery (Variation) Order 1999 and shall come into force on 9th January 2000.
2
In this Order “the principal Order ” means the Portland Harbour Fishery Order 1989.
Variation of the principal Order
2
1
The principal Order shall be amended in accordance with the following paragraphs of this article.
2
In article 1, paragraph (2):
a
in the definition of “the Company” for the words after “whose registered office is at” there shall be substituted “Hethfelton Hollow, Wareham, Dorset BH20 6JJ;”;
b
for the definition of “the definitive map” there shall be substituted the following new definition:
“the definitive map” means the map duly sealed in duplicate with the Minister’s seal and marked “Map referred to in the Portland Harbour Fishery (Variation) Order 1999”, one copy of which is in the possession of the Company and the other copy of which is in the possession of the Minister;
; and
c
in the definition of “the fishery” for “mean low water springs” there shall be substituted “lowest astronomical tide”.
3
In article 2, for the words “for a period of 10 years beginning on 10th January 1990” there shall be substituted the words “for a period of 20 years beginning on 10th January 1990”.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
11th November 1999


text:
Commencement and citation
1
This Order may be cited as The A23 Trunk Road (Croydon) Red Route Traffic Order 1999 Experimental Variation Order 1999, and shall come into force on 17th January 2000.
Variations
2
The A23 Trunk Road (Croydon) Red Route Traffic Order 1999 is varied by the following provisions of this Order.
3
In schedule 2B —
a
In item 1, for the words in column 2 substitute: —
From a point 0.5 metres north west of the common boundary of Nos. 1374 and 1372 London Road south wards for a distance of 11 metres.
b
After item 1 insert two new items, as follows: —
1A
Between a point 1 metre south east of the common boundary of Nos. 1066 and 1068 London Road and a point 2.5 metres south east of the common boundary of Nos.1074 and 1070/1072 London Road.
1B
Between a point 0.5 metres north west of the common boundary of Nos. 1031 and 1033 London Road and a point 2.5 metres south east of the common boundary of Nos. 1025 and 1027 London Road.
c
After item 2 insert a new item, as follows:
2A
London Road, south west side, from a point 10.5 metres north west of the south eastern flank wall of No. 797 London Road, north westwards for a distance of 9.5 metres.
d
After item 3 insert a new item, as follows:
3A
Between a point 12.5 metres north east of the south western property boundary of No. 30 Thornton Road and a point 1 metre north east of the common boundary of Nos. 42 and 44 Thornton Road.
e
After item 11 insert a new item, as follows: —
11A
From a point 5 metres north east of the common boundary of Nos. 45 and 47 Thornton Road south west for a distance of 21.5 metres.
f
In item 12, for the words in column 2 substitute: —
From a point 0.5 metres north east of a point opposite the common boundary of Nos. 179 and 181 Thornton Road south west for a distance of 25 metres.
g
After item 16 insert two new items, as follows:
16A
London Road, south west side, between a point 2.5 metres north west of the common boundary of Nos. 1485 and 1487 London Road, north westwards for a distance of 20 metres.
16B
London Road, north east side, from a point 2 metres north west of the common boundary of Nos. 1534 and 1536 London Road and a point 2 metres south east of the common boundary of Nos. 1530 and 1532 London Road.
h
In item 20, for the words in column 2 substitute: —
From a point 4 metres south of the common boundary of Nos. 249 and 251 Thornton Road southwards for a distance of 10 metres.
i
After item 23 insert two new items, as follows, for which the restricted hours in column 3 shall be 7am-4pm, Monday to Saturday inclusive. The maximum period of parking in column 4 shall be 20 minutes. And the minimum interval in column 5 shall be 40 minutes:
23A
London Road, north east side, between a point 12.5 metres north west of the common boundary of Nos. 884 and 886 London Road and a point 2 metres south east of the common boundary of Nos. 882 and 880 London Road.
23B
Between a point 2 metres north west of the common boundary of No. 778 London Road and The Plough and Harrow (PH) London Road south eastwards for a distance of 10 metres.
j
In item 26, for the words in column 2 substitute: —
Between a point 3 metres south east of the common boundary of Nos. 1515 and 1517 London Road and a point 1 metre south east of the common boundary of Nos. 1507 and 1509 London Road.
k
In item 28, for the words in column 2 substitute: —
From a point 6 metres south east of the common boundary of Nos. 1359 and 1361 London Road and a point 7 metres north west of the common boundary of Nos. 1347 and 1349 London Road.
l
After item 28 insert a new item, as follows:
28A
Between a point opposite the common boundary of Nos. 1073 and 1075 London Road and a point opposite the common boundary of Nos. 1069 and 1071 London Road.
n
In item 29, for the words in column 2 substitute: —
From a point 17 metres south east of the common boundary between Nos. 1208 and 1206 London Road south eastwards for a distance of 24 metres.
o
In item 31, for the words in column 2 substitute: —
From a point 41 metres south east of the common boundary between Nos. 1208 and 1206 London Road south eastwards for a distance of 6 metres.
p
In item 34, for the words in column 2 substitute: —
From a point 3 metres south east of the common boundary of Nos. 826 and 824 London Road south eastwards for a distance of 18.5 metres.
q
After item 41 insert a new item, as follows:
41A
London Road, south west side, between a point 6 metres north west of the common boundary of Nos. 1597 and 1595 London Road and a point opposite the common boundary of Nos. 1581 and 1583 London Road.
r
Items 4, and 24 are deleted.
4
In schedule 3A, in item 1, for the words in column 2 substitute: —
London Road, north east side, between a point 2 metres south east of the common boundary of Nos. 1544 and 1542 London Road and a point 2 metres north of the common boundary of Nos. 1534 and 1536 London Road.
5
In schedule 3B: —
a
In item 2, for the words in column 2 substitute: —
From a point 8.5 metres north west of the common boundary of Nos. 914 and 916 London Road south eastwards for a distance of 18 metres.
b
After item 2 insert a new item, as follows:
2A
Thornton Road, north west side, from a point 1 metre north west of the common boundary of Nos. 71 and 73 Thornton Road to a point 1 metre north west of the common boundary of Nos. 75 and 77 Thornton Road.
c
In item 5, for the words in column 2 substitute: —
Between a point 1 metre south east of the common boundary of Nos. 1509 and 1507 London Road and a point 1 metre south east of the common boundary of Nos. 1503 and 1501 London Road.
d
After item 5 insert a new item, as follows:
5A
From a point opposite the common boundary of Nos. 1581 and 1583 London Road south for a distance of 12 metres.
e
In item 7, for the words in column 2 substitute: —
Between a point 6 metres north west of the common boundary of Nos. 1359 and 1361 London Road south eastwards for a distance of 12 metres.
f
In item 15, for the words in column 2 substitute: —
Between a point 6 metres south east of the common boundary of Nos. 832 and 830 London Road and a point 3 metres south east of the common boundary of Nos. 824 and 826 London Road.
g
Items 1, 8, 12, 13 and 16 are deleted.
6
In schedule 4: —
a
In item 4, for the words in column 2 substitute: —
Between a point 1 metre south east of the common boundary of Nos. 1501 and 1503 London Road and a point 22.5 metres north west of the common boundary of Nos. 1485 and 1487 London Road.
b
In item 5, for the words in column 2 substitute: —
Between a point 2.5 metres north west of the common boundary of Nos. 1485 and 1487 London Road and a point 0.5 metres north west of the common boundary of Nos. 1455 and 1457 London Road.
c
In item 7, for the words in column 2 substitute: —
Between a point 3 metres south east of the common boundary of Nos. 1387 and 1385 London Road and a point 6 metres north west of the common boundary of No. 1359 and 1361 London Road.
d
In item 9, for the words in column 2 substitute: —
Between a point 7 metres north west of the common boundary of Nos. 1347 and 1349 London Road and a point opposite the common boundary of Nos. 1207/1209 and 1211/1213 London Road.
e
In item 13, for the words in column 2 substitute: —
Between a point opposite the common boundary of Nos. 1069 and 1071 London Road and a point 0.5 metres north of the common boundary of Nos. 1031 and 1033 London Road.
f
In item 14, for the words in column 2 substitute: —
Between a point 2.5 metres south east of the common boundary of Nos. 1025 and 1027 London Road and a point 4 metres south east of the common boundary of Nos. 1011 and 1009 London Road.
g
In item 18, for the words in column 2 substitute: —
Between a point 0.5 metres north west of a point opposite the common boundary of Nos. 878 and 880 London Road and a point 20 metres north west of the south eastern property boundary of No. 797 London Road.
h
In item 19, for the words in column 2 substitute: —
Between a point 10.5 metres north west of the south eastern boundary of No. 797 London Road and a point 11.5 metres north west of the common boundary between The Wheatsheaf Inn (PH) and No. 755 London Road.
i
In item 24, for the words in column 2 substitute: —
Between a point 10.5 metres north west of the common boundary of Nos. 1526 and 1528 London Road and a point opposite the common boundary of Nos. 1492 and 1494 London Road.
j
In item 29, for the words in column 2 substitute: —
From a point 17 metres south east of the common boundary between Nos. 1208 and 1206 London Road south eastwards for a distance of 24 metres.
k
In item 34, for the words in column 2 substitute: —
Between a point 1 metre north west of the common boundary of Nos. 932 and 934 London Road and a point 8.5 metres north west of the common boundary of Nos. 914 and 916 London Road.
l
In item 35, for the words in column 2 substitute: —
Between a point 9.5 metres south east of the common boundary of Nos. 914 and 916 London Road and a point 12.5 metres north west of the common boundary of Nos. 884 and 886 London Road.
m
In item 37, for the words in column 2 substitute: —
Between a point 6 metres south east of the common boundary of Nos. 852 and 854 London Road and a point 6 metres south east of the common boundary of Nos. 830 and 832 London Road.
n
In item 54, for the words in column 2 substitute: —
Between a point 12.5 metres north east of the south western property boundary of No. 30 Thornton Road and a point 1 metre north east of the common boundary of Nos. 42 and 44 Thornton Road.
o
In item 55, for the words in column 2 substitute: —
Between a point 2.5 metres north east of the common boundary of Nos. 52 and No. 54 Thornton Road and a point 5 metres north east of a point opposite the common boundary of Nos. 45 and 47 Thornton Road.
p
In item 56, for the words in column 2 substitute: —
Between a point 16.5 metres south west of a point opposite the common boundary of Nos. 45 and 47 Thornton Road and a point 16 metres north eastwards of a point opposite the common boundary of Nos. 75 and 77 Thornton Road.
q
In item 66, for the words in column 2 substitute: —
Between a point 13.5 metres south west of the common boundary of Nos. 21 to 27 and 31 Thornton Road and a point 8 metres north east of the common boundary of No. 31 Thornton Road and No. 24 Colvin Road.
r
In item 71, for the words in column 2 substitute: —
Between a point 1.5 metres north east of the common boundary of Nos. 197 and 199 Thornton Road and a point 4 metres south of the common boundary of Nos. 249 and 251 Thornton Road.
s
In item 76, for the words in column 2 substitute: —
From a point 2 metres south of a point opposite the common boundary of Nos. 61 and 63 Purley Way southwards for a distance of 21 metres.
t
In item 84, for the words in column 2 substitute: —
Between a point opposite the northern flank wall of No. 41 Purley Way and a point 18 metres south of the common boundary of Nos. 53 and 55 Purley Way.
u
Items 8, 23 and 85 are deleted.
Power to modify or suspend this Order
7
If it appears to the Traffic Director for London, or some person authorised by him, essential in the interests of the expeditious, convenient and safe movement of traffic, or of the provision of suitable and adequate parking facilities on the highway, or for preserving or improving the amenities of the area through which any road affected by this Order runs, and after consulting with the Commissioner of Police of the Metropolis, he may modify or suspend any provision of this Order, save that no modification shall make an addition.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
20th December 1999


text:
Citation, commencement and interpretation
1
1
This Scheme may be cited as the Workmen’s Compensation (Supplementation) (Amendment) Scheme 1999 and shall come into force on 14th April 1999.
2
In this Scheme–
“the operative date” means 14th April 1999;
“the principal Scheme” means the Workmen’s Compensation (Supplementation) Scheme 1982 ; and
“lesser incapacity allowance” means the allowance payable in accordance with article 5 of the principal Scheme.
Amendment of article 5 of the principal Scheme
2
Paragraph (2) of article 5 of the principal Scheme (lesser incapacity allowances under scheme) shall be amended by substituting for the words “8th April 1998” the words “14th April 1999”.
Substitution of Schedule 1 to the principal Scheme
3
For Schedule 1 to the principal Scheme, Part I (table of rates of lesser incapacity allowance for beneficiaries to whom article 5(2) applies) and Part II (table of loss of earnings and corresponding rates of lesser incapacity allowance), there shall be substituted the Schedule set out in the Schedule to this Scheme.
Transitional provision relating to amount of allowance payable
4
1
Paragraph (2) of this article shall apply to a beneficiary who was, before the operative date, in receipt of a lesser incapacity allowance but in respect of whom the final calculation of loss of earnings required by article 7(2) of the principal Scheme had not been made by that date.
2
In such a case as is referred to in paragraph (1) the beneficiary shall be treated as entitled, from the operative date, to an allowance at the rate to which he would have been entitled had the final calculation been made before the operative date.
Transitional provision relating to claims not made, or made but not determined, before the operative date
5
1
Paragraph (2) of this article shall apply to a person whose claim for lesser incapacity allowance–
a
was not made before the operative date and who is awarded such allowance for a period after the operative date at one of the rates shown in the second column of Part II of Schedule 1 to the principal Scheme as it will have effect after the operative date; or
b
was made but not determined before the operative date.
2
Any lesser incapacity allowance which is found to be payable to a person mentioned in paragraph (1) in respect of a period before the operative date shall be paid at the rate which would have been payable in respect of that period had the amendment to the principal Scheme made by article 3 of this Scheme not been made.
Transitional provision relating to review and appeal
6
Where a lesser incapacity allowance has been awarded to a person under the principal Scheme before the operative date and a question arises as to the weekly rate of allowance payable in consequence of this Scheme, the case shall be reviewed by the adjudication officer in the light of the amendments made by, and transitional provisions contained in, this Scheme and the allowance shall continue to be payable at the weekly rate specified in the award until the question has been determined in accordance with the provisions of the principal Scheme.
Signed by authority of the Secretary of State for Social Security.
Stephen C. Timms
Minister of State,
Department of Social Security
2nd March 1999
We consent,
Jim Dowd
Clive Betts
Two of the Lords' Commissioners of Her Majesty’s Treasury
4th March 1999


text:
Citation and commencement
1
1
This Order may be cited as the Birmingham Children’s Hospital National Health Service Trust (Establishment) Amendment Order 1999 and shall come into force on 1st March 1999.
2
In this Order, “ the Order ” means the Birmingham Children’s Hospital National Health Service Trust (Establishment) Order 1994 .
Amendment of NHS trust Establishment Order
2
In article 3 of the Order (functions of the trust)–
1
In paragraph (1), for the words “section 5(1)(a) of the Act” there shall be substituted the words “section 5(1) of the Act”.
2
For sub-paragraph (2)(a), there shall be substituted:
a
to own and manage pursuant to section 5(1)(a) of the Act The Diana, Princess of Wales Children’s Hospital, Steelhouse Lane, Birmingham B4 6NH and associated hospitals (including the management of its teaching and research facilities), and there to provide and manage hospital accommodation and services;
.
3
In sub-paragraph 2(b), the words “pursuant to section 5(1)(a) of the Act” shall be inserted between the words “manage” and “community”.
4
After sub-paragraph (2)(b) there shall be inserted the following:
; and
c
to provide and manage pursuant to section 5(1)(b) of the Act The Jack Ashley Centre, Church Road, Birmingham B15 3TD, and there to provide and manage hospital accommodation and services.
.
Signed by authority of the Secretary of State for Health.
John Denham
Minister of State,
Department of Health
17th February 1999