text:
Title, commencement and extent
1
1
These Regulations may be cited as the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) Regulations 1999 and shall come into force on 1st February 2000.
2
These Regulations shall extend to England and Wales only.
Interpretation
2
1
In these Regulations —
“ EEA State” means a State which is a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 ;
“product” means any crop, food or feeding stuff specified in Schedule 2;
“putting into circulation” means any handing over, whether or not for a consideration, of any product —
in the case of fruit and vegetables, after they have been harvested, and
in any other case, at any time.
“the Residues Directives” means Council Directive 86/362/ EEC (as amended by Council Directives 88/298/EEC , 90/654/EEC , 93/57/EEC , 94/29/ EC , 95/39/EC , 96/33/EC , 97/41/EC and Commission Directives 97/71/EC , 98/82/EC , 1999/65/EC and 1999/71/EC , together with Council Directive 86/363/EEC (as amended by Council Directives 93/57/EEC , 94/29/EC , 95/39/EC , 96/33/EC , 97/41/EC and Commission Directives 97/71/EC , 98/82/EC and 1999/71/EC ) and Council Directive 90/642/EEC (as amended by Council Directives 93/58/EEC , 94/30/EC , 95/38/EC , 95/61/EC , 96/32/EC , 97/41/EC and Commission Directives 97/71/EC , 98/82/EC , 1999/65/EC and 1999/71/EC ).
2
The words and expressions “dried”, “processed”, “composite food”, “drying” and “processing” when used either in regulation 4 or in paragraphs (d) and (e) of regulation 6 shall have the same meaning as when used in the Residues Directives and any related expressions shall be construed accordingly.
3
Any reference in these Regulations, in relation to a pesticide, to a pesticide residue is a reference to the substance named in column 2 of Schedule 1 opposite the reference to that pesticide in column 1 of that Schedule.
4
Any reference in these Regulations to a Schedule or to a regulation shall be construed as a reference respectively to a Schedule to these Regulations or a regulation in these Regulations.
5
Any reference in any Schedule to these Regulations to any product, figure or pesticide includes any qualifying words relating to that product, figure or pesticide in that Schedule.
Maximum residue levels
3
1
The maximum level of any pesticide residue which may be left in any product named in Part 1 of Schedule 2 shall be the number of milligrams of the pesticide residue per kilogram of the product specified opposite the name of that product under the name of the pesticide concerned.
2
In the case of any product named in paragraph 3, 4 or 5 of Part 1 of Schedule 2 which has been dried, paragraph (1) of this regulation applies to the maximum level of pesticide residue applicable under that Part of that Schedule as it has effect by virtue of regulation 6(c).
4
1
No person shall put into circulation any product named in Part 2 of Schedule 2 which contains a level of pesticide residue greater than the number of milligrams of that pesticide residue per kilogram of the product specified opposite the name of that product under the name of the pesticide concerned.
2
Subject to paragraph (3) below, paragraph (1) above shall apply in relation to —
a
any product (in this regulation a “dried or processed product”) which after drying or processing is obtained from any of the products named in Part 2 of Schedule 2, and
b
any composite food which includes any of the products named in that Part of that Schedule,
and the reference in paragraph (1) to a product named in that Part of that Schedule shall be construed accordingly.
3
Where —
a
paragraph (1) above applies in relation to a dried or processed product or a composite food by virtue of paragraph (2) above, and
b
no maximum permitted level has been expressly specified in Part 2 of Schedule 2 as the amount of pesticide residue which may be contained in that dried or processed product or composite food,
paragraph (1) applies by reference to the maximum permitted level of pesticide residue applicable under that Part of that Schedule as it has effect by virtue of regulation 6(d) or, as the case may be, (e).
4
Any person who, without reasonable excuse, contravenes or causes or permits any other person to contravene any provision of this regulation shall be guilty of an offence, and shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum; and
b
on conviction on indictment, to a fine.
5
In any proceedings for an offence under this regulation, it is a defence for the person charged to prove that when the product in question (or, as appropriate, the dried or processed product or the composite food) was put into circulation —
a
it was so put with the intention of its being exported to a country which is not an EEA State and the offence was caused by a treatment applied to that product being a treatment —
i
required by the country of destination in order to prevent the introduction of harmful organisms into its territory; or
ii
necessary to protect the product from harmful organisms during transport to the country of destination and storage there, or
b
it was so put with the intention that —
i
it be used in the manufacture of things other than foodstuffs and animal feed; or
ii
it be used for sowing or planting.
6
Sections 19 and 22 of, and Schedule 2 to, the Food and Environment Protection Act 1985 shall apply for the purposes of this regulation as they apply for the purposes of that Act taking references therein to that Act or any part of it to be references to this regulation.
Seizure or disposal of crops, food or feeding stuffs
5
If any product contains a level of pesticide residue above that permitted under either regulation 3(1) or 4(1), the Minister of Agriculture, Fisheries and Food and the National Assembly for Wales shall each have the power —
a
to seize or dispose of the consignment containing that product, or any part of it, or to require that some other person shall dispose of it, or
b
to direct some other person to take such remedial action as appears to the said Minister or to the said Assembly, as the case may be, to be necessary.
Sampling and analysis
6
In determining for the purposes of regulation 3(1) or 4(1) whether the level of pesticide residue left or contained in any product exceeds the maximum permitted level —
a
the whole or such part only of that product shall, so far as is practicable, be taken into account as specified in column 3 of schedule 3 opposite the name of that product in column 2 of that Schedule;
b
the procedure laid down in the Codex Recommended Method of Sampling for the Determination of Pesticide Residues shall so far as is practicable be followed;
c
in the case of any product named in paragraph 3, 4, or 5 of Part 1 of Schedule 2 which has been dried that Part of that Schedule shall have effect as if for the number of milligrams of each pesticide residue specified opposite the name of that product there were substituted that number of milligrams divided by the fraction of 1 kilogram to which 1 kilogram of the product is reduced by the drying process;
d
in the case of any product named in Part 2 of Schedule 2 which has been dried or processed, that Part of that Schedule shall have effect where no such maximum permitted level of pesticide residue is specified therein for the product in its dried or processed form as if the maximum permitted level of pesticide residue specified opposite the name of the product in that Part of that Schedule has been modified to take account of the concentration of the product caused by the drying process or, as the case may be, the dilution or concentration of the product caused by the processing; and
e
in a case where two or more products have been mixed to form a single composite food in relation to which no such maximum permitted levels are specified in Part 2 of Schedule 2, that Part of that Schedule shall have effect as if such maximum permitted levels had been specified in relation to that composite food for each of the pesticide residues which are specified therein opposite the names of each of the products which have been mixed to form the composite food, taking into account —
i
the relative concentrations of each of the constituent products in the mixture; and
ii
the provisions of paragraph (d) above.
Revocations
7
The Regulations specified in Schedule 4 are hereby revoked in so far as they apply to England and Wales.
Hayman
Minister of State Ministry of Agriculture Fisheries and Food
13th December 1999
Signed by authority of the Secretary of State for Health
Yvette Cooper
Parliamentary Under-Secretary of State for Public Health
Department of Health
22nd December 1999
Signed on behalf of the National Assembly for Wales
Dafydd Elis-Thomas
The Presiding Officer
17th December 1999


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Choice of Medical Practitioner) Amendment Regulations 1999 and shall come into force on 21st December 1999.
2
In these Regulations, “the 1998 Regulations ” means the National Health Service (Choice of Medical Practitioner) Regulations 1998 .
Amendment of the 1998 Regulations
2
1
The 1998 Regulations shall be amended in accordance with the following provisions of this regulation.
2
In regulation 4 (assignment of persons to doctors)–
a
at the end of paragraph (3)(b), omit “and”;
b
after paragraph (3)(b), insert the following–
bb
whether the person has been removed from the doctor’s list of any doctor in that part of the area at the request of that doctor or, as the case may be, a pilot scheme provider because–
i
he has committed an act of violence against the doctor or has behaved in such a way that the doctor has feared for his safety, and
ii
the doctor has reported the incident to the police,
and, if so, which doctor or, as the case may be, which pilot scheme provider, has the most appropriate facilities to deal with such a patient; and
.
3
In regulation 5 (assignment by a pilot scheme provider)–
a
at the end of paragraph (2)(b), omit “and”;
b
after paragraph (2)(b), insert the following–
bb
whether the person has been removed from the doctor’s list of any of the relevant doctors at the request of the pilot scheme provider because–
i
he has committed an act of violence against the doctor or has behaved in such a way that the doctor has feared for his safety, and
ii
the doctor has reported the incident to the police;
and, if so, which doctor has the most appropriate facilities to deal with such a patient; and
.
Signed by authority of the Secretry of State for Health
John Denham
Minister of State,
Department of Health
27th November 1999


text:
Citation and commencement
1
These Regulations may be cited as the Children (Protection from Offenders) (Amendment) Regulations 1999 and shall come into force on 31st October 1999.
Amendment of the Adoption Agencies Regulations 1983 and of the Foster Placement (Children) Regulations 1991
2
1
Schedule 2 (definition of specified offence) of the Adoption Agencies Regulations 1983 and Schedule 4 (definition of specified offence) of the Foster Placement (Children) Regulations 1991 are amended in accordance with the following provisions of this regulation.
2
In paragraph 2 of each Schedule after sub-paragraph (a) insert —
aa
in a case where the offender was under 18 at the time the offence was committed, an offence contrary to section 47 of the Offences Against the Person Act 1861 (assault occasioning actual bodily harm); or
.
3
In paragraph 9 of each Schedule omit “other than,” and insert —
except for —
a
in a case where the offender was under 18 at the time the offence was committed, an offence of assault; or
b
.
4
In paragraph 13 of each Schedule —
a
after sub-paragraph (a) insert the following sub-paragraph —
aa
in a case where the offender was under 18 at the time the offence was committed, an offence contrary to section 47 of the Offences Against the Person Act 1861 (assault occasioning actual bodily harm); or
;
and
b
in sub-paragraph (b) omit “other than,” and for “1985” substitute “1885”.
5
Paragraph 14 is omitted.
Signed by authority of the Secretary of State for Health
John Hutton
Parliamentary Under Secretary of State,
Department of Health
5th October 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Transfer of Functions (Nuclear Installations) Order 1999 and shall come into force on 15th November 1999.
2
In this Order “the relevant Secretaries of State” means those Secretaries of State by whom the functions transferred by this Order were exercisable immediately before the coming into force of this Order, as specified in article 2.
Transfer of functions
2
The functions under the Nuclear Installations Act 1965 which are exercisable by those Secretaries of State acting jointly who for the time being discharge in relation to England and Wales and in relation to Scotland the functions expressed to be conferred by that Act on the Minister , are hereby transferred to the Secretary of State.
Adaptations of enactments
3
1
In section 26(1) of the Nuclear Installations Act 1965, in the definition of “prescribed”, for “the Minister of Power and the Secretary of State acting jointly” there is substituted “the Secretary of State”.
2
In Schedule 2 to the Secretary of State for Trade and Industry Order 1970 , paragraph 7 is omitted.
Supplemental and consequential
4
All property, rights and liabilities to which the relevant Secretaries of State are entitled or subject at the coming into force of this Order in connection with any function transferred by this Order are hereby transferred to the Secretary of State for Trade and Industry.
5
1
This Order shall not affect the validity of anything done (or having effect as if done) by or in relation to the relevant Secretaries of State before the coming into force of this Order.
2
Anything (including legal proceedings) which, at the coming into force of this Order, is in the process of being done by or in relation to the relevant Secretaries of State may, so far as it relates to anything transferred by this Order, be continued by or in relation to the Secretary of State or the Secretary of State for Trade and Industry as the context may require.
3
Anything done (or having effect as if done) by or in relation to the relevant Secretaries of State for the purposes of or in connection with anything transferred by this Order shall, if in force at the coming into force of this Order, have effect as if done by or in relation to the Secretary of State or the Secretary of State for Trade and Industry, as the context may require, in so far as that is required for continuing its effect after the coming into force of this Order.
4
Any enactment, instrument or other document passed or made before the coming into force of this Order shall have effect, so far as may be necessary for the purposes of or in consequence of any transfer effected by this Order, as if for any references (including references which are to be construed as such references) to the relevant Secretaries of State or to their departments or officers there were substituted references to the Secretary of State or to the Secretary of State for Trade and Industry, or to his department or officers, as the context may require.
A K GALLOWAY
Clerk of the Privy Council


text:
Citation and interpretation
1
1
This Order may be cited as the Social Security Act 1998 (Commencement No. 12 and Consequential and Transitional Provisions) Order 1999.
2
In this Order, unless the context otherwise requires–
a
“ the Act ” means the Social Security Act 1998;
b
“the 1997 Regulations ” means the Social Security (Recovery of Benefits) (Appeals) Regulations 1997 ;
c
“the Adjudication Regulations ” means the Social Security (Adjudication) Regulations 1995 ;
d
“legally qualified panel member” has the meaning it bears in regulation 1(3) of the Regulations ;
e
“the No. 8 Order ” means the Social Security Act 1998 (Commencement No. 8, and Savings and Consequential and Transitional Provisions) Order 1999 ;
f
“the No. 9 Order ” means the Social Security Act 1998 (Commencement No. 9, and Savings and Consequential and Transitional Provisions) Order 1999 ;
g
“the No. 11 Order ” means the Social Security Act 1998 (Commencement No. 11, and Savings and Consequential and Transitional Provisions) Order 1999 ;
h
“the Regulations” means the Social Security and Child Support (Decisions and Appeals) Regulations 1999 ; and
i
“relevant benefit” means income support, child’s special allowance under section 56 of the Contributions and Benefits Act or, as the case may be, a social fund payment mentioned in section 138(1)(a) or (2) of that Act,
and references to sections and Schedules are references to sections of, and Schedules to, the Act.
Appointed day
2
1
Subject to paragraph (2) below, 29th November 1999 is the day appointed for the coming into force of the–
a
the provisions specified in Schedule 1 to this Order; and
b
sections 1 and 4 to 7 in relation to–
i
statutory sick pay under Part XI of the Contributions and Benefits Act; and
ii
statutory maternity pay under Part XII of that Act,
in so far as those provisions are not already in force.
2
Paragraph (1)(a) above shall not apply in relation to–
a
housing benefit;
b
council tax benefit; nor
c
decisions to which article 4(6) of the Social Security Contributions (Transfer of Functions, etc. ) Act 1999 (Commencement No. 1 and Transitional Provisions) Order 1999 applies.
3
31st March 2000 is the day appointed for the coming into force of paragraph 10 of Schedule 1 (appeal tribunals: supplementary provisions) and sections 5(3) and 7(7) in so far as they relate to it.
Consequential amendments
3
1
The amendments and revocations effected by this Order–
a
shall take effect as from 29th November 1999; and
b
shall not have effect in relation to–
i
working families' tax credit;
ii
disabled person’s tax credit;
iii
decisions to which article 4(6) of the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (Commencement No. 1 and Transitional Provisions) Order 1999 applies.
2
The Social Security Benefit (Dependency) Regulations 1977 shall be amended in accordance with Schedule 2 to this Order.
3
The Social Security (General Benefit) Regulations 1982 shall be amended in accordance with Schedule 3 to this Order.
4
The Social Fund Maternity and Funeral Expenses (General) Regulations 1987 shall be amended in accordance with Schedule 4 to this Order.
5
The Income Support (General) Regulations 1987 shall be amended in accordance with Schedule 5 to this Order.
6
The Social Security (Claims and Payments) Regulations 1987 shall be amended in accordance with Schedule 6 to this Order.
7
The Housing Benefit (General) Regulations 1987 and the Council Tax Benefit (General) Regulations 1992 shall be amended in accordance with Schedule 7 to this Order.
8
The Social Fund (Application for Review) Regulations 1988 shall be amended in accordance with Schedule 8 to this Order.
9
The Social Security (Payments on Account, Overpayments and Recovery) Regulations 1988 shall be amended in accordance with Schedule 9 to this Order.
10
The Community Charges (Deductions from Income Support) (Scotland) Regulations 1989 shall be amended in accordance with Schedule 10 to this Order.
11
The Community Charges (Deductions from Income Support) (No. 2) Regulations 1990 shall be amended in accordance with Schedule 11 to this Order.
12
The Fines (Deductions from Income Support) Regulations 1992 shall be amended in accordance with Schedule 12 to this Order.
13
The Council Tax (Deductions from Income Support) Regulations 1993 shall be amended in accordance with Schedule 13 to this Order.
14
The Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 shall be amended in accordance with Schedule 14 to this Order.
15
The Social Security (Back to Work Bonus) (No. 2) Regulations 1996 shall be amended in accordance with Schedule 15 to this Order.
16
The Social Security Benefit (Computation of Earnings) Regulations 1996 shall be amended in accordance with Schedule 16 to this Order.
17
The Social Security (Recovery of Benefits) Regulations 1997 shall be amended in accordance with Schedule 17 to this Order.
18
The Social Fund Winter Fuel Payment Regulations 1998 shall be amended in accordance with Schedule 18 to this Order.
19
The Social Security and Child Support (Decisions and Appeals) Regulations 1999 shall be amended in accordance with Schedule 19 to this Order.
20
The No. 8 Order, the No. 9 Order and the No. 11 Order shall be amended in accordance with Schedule 20 to this Order.
Transitional provisions
4
Schedules 21 to 23 to this Order shall take effect as from 29th November 1999.
Signed by authority of the Secretary of State for Social Security.
Angela Eagle
Parliamentary Under-Secretary of State,
Department of Social Security
25th November 1999


text:
1
This Order may be cited as the Finance Act 1999, section 20, (Appointed Day) Order 1999.
2
The day appointed as the day on which section 20 of the Finance Act 1999 comes into force is 1st December 1999.
Martin Brown
Commissioner of Customs and Excise
New King’s Beam House,
22 Upper Ground,
London SE1 9PJ
12th October 1999


text:
Citation and commencement
1
This Order may be cited as the Southampton University Hospitals National Health Service Trust (Establishment) Amendment Order 1999 and shall come into force on 1st April 1999.
Amendment of NHS trust Establishment Order
2
In article 4 of the Southampton University Hospitals National Health Service Trust (Establishment) Order 1992 , for “5 non-executive” substitute “6 non-executive”.
Frank Dobson
One of Her Majesty’s Principal Secretaries of State,
Department of Health
18th March 1999


text:
Citation and commencement and interpretation
1
1
This Order may be cited as the Local Government (Best Value) Performance Plans and Reviews Order 1999 and shall come into force on 4th January 2000.
2
In this Order–
“ the Act ” means the Local Government Act 1999;
“relevant Audit Commission indicators” means the indicators specified in Schedule 1 to this Order which are listed and defined in the “Publication of Information Direction 1998” issued by the Audit Commission in December 1998 in accordance with the provisions of section 44 and 46 of the Audit Commission Act 1998 ;
“best value performance indicators” means the factors by reference to which a best value authority’s performance in exercising a function can be measured, as specified from time to time by an Order made under section 4 of the Act or as specified by a best value authority in accordance with any guidance issued from time to time under section 5(6)(a) of the Act;
“best value performance standard” means the minimum acceptable level of service provision which must be met by a best value authority in the exercise of a function and measured by reference to a performance indicator for that function, as specified from time to time by an Order made under section 4 of the Act;
“best value performance target” means the level of performance in the exercise of a function that a best value authority is expected to attain, measured by reference to the performance indicator in relation to that function, as specified by a best value authority, in accordance with any guidance issued under sections 5(6)(b) and 5(7) of the Act.
Application
2
1
This order applies–
a
in relation to England, to all best value authorities;
b
in relation to Wales, only to authorities falling within section 1(1)(d) or (e) of the Act (police and fire authorities).
Content of best value performance plans for the financial year 2000
3
1
Best value authorities must include the following matters in their best value performance plans for the financial year 2000–
a
a summary of the authority’s objectives in relation to the exercise of its functions;
b
a summary of any assessment made by the authority of the level at which, and the way in which, it exercises its functions;
c
a statement specifying any period within which the authority is required to review its functions under section 5 of the Act and articles 5 and 6 of this Order;
d
a statement indicating the timetable the authority proposes to follow in conducting a best value review;
e
a statement specifying any best value performance indicators, best value performance standards and best value performance targets specified or set in relation to the authority’s functions;
f
a summary of the authority’s assessment of its performance in the previous financial year with regard to the relevant Audit Commission indicators, where applicable;
g
a comparison of that performance with the authority’s performance in previous financial years.
Content of best value performance plans for the financial year 2001 and each financial year thereafter
4
1
Best value authorities must include in their best value performance plan for the financial year 2001 and each financial year thereafter, all the matters specified in sub-paragraphs (a) to (e) of article 3 of this Order and in paragraph (2) below.
2
The matters referred to in paragraph (1) above are–
a
a summary of the authority’s assessment of its performance in the previous financial year with regard to best value performance indicators, where applicable;
b
a comparison of that performance with the authority’s performance in previous financial years;
c
a comparison of the authority’s performance as summarised in accordance with paragraph (a) above, with the performance of other best value authorities in previous financial years;
d
a summary of its assessment of its success in meeting any best value performance standard which applied at any time in the previous financial year;
e
a summary of its assessment of its progress towards meeting any best value performance standard which has been specified but which does not yet apply;
f
a summary of its assessment of its progress towards meeting any best value performance target;
g
a summary of any plan of action to be taken in the financial year to which the plan relates for the purposes of meeting a best value performance target;
h
a summary of the basis on which any best value performance target was set, and any plan of action was determined, in relation to a function reviewed under section 5 of the Act and articles 5 and 6 of this Order, in the previous financial year.
Preparation of best value reviews — Period of reviews
5
1
Best value authorities other than fire authorities must conduct the first best value review of all their functions by 31st March 2005.
2
Fire authorities must conduct the first best value review of–
a
their communication and control functions by 31st March 2001;
b
their procurement functions by 31st March 2002;
c
their training functions by 31st March 2003;
d
all their other functions by 31st March 2005.
3
Best value authorities must conduct a further best value review of all their functions by 31st March 2010 and thereafter by the end of each successive period of five years (ending on 31st March 2015, 31st March 2020 and so on).
4
In this article–
“fire authority” means–
a fire authority constituted by a combination scheme;
a metropolitan county fire and civil defence authority;
the London Fire and Emergency Planning Authority;
a county council acting as the fire authority for its area under the provisions of section 4 of the Fire Services Act 1947 .
“procurement functions” means the securing by fire authorities of such equipment as may be necessary to meet efficiently all normal requirements for the discharge of their duties, as set out in section 1 of the Fire Services Act 1947;
“communication and control functions” means securing efficient arrangements for dealing with calls for the assistance of the fire brigade and for summoning members of the fire brigade, as mentioned in section 1(1)(c) of the Fire Services Act 1947;
“training functions” means securing the efficient training of members of the fire brigade as mentioned in section 1(1)(b) of the Fire Services Act 1947.
Content of best value reviews
6
1
In conducting a best value review, a best value authority shall:–
a
consider whether it should be exercising the function;
b
consider the level at which, and the way in which, it should be exercising the function;
c
consider its objectives in relation to the exercise of the function;
d
assess its performance in exercising the function by reference to any best value performance indicator specified for the function;
e
assess the competitiveness of its performance in exercising the function by reference to the exercise of the same function, or similar functions, by other best value authorities and by commercial and other businesses, including organisations in the voluntary sector;
f
consult other best value authorities, commercial and other businesses, including organisations in the voluntary sector, about the exercise of the function;
g
assess its success in meeting any best value performance standard which applies in relation to the function;
h
assess its progress towards meeting any relevant best value performance standard which has been specified but which does not yet apply;
i
assess its progress towards meeting any relevant best value performance target.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
7th December 1999


text:
1
These Rules may be cited as the Court of Protection (Enduring Powers of Attorney) (Amendment) Rules 1999 and shall come into force on 1st October 1999.
2
Column 2 of Schedule 2 to the Court of Protection (Enduring Powers of Attorney) Rules 1994 shall be amended as follows:
a
the figure “£75” shall be substituted for the figure “£50 ”;
b
the figure “£25” shall be substituted for the figure “£10 ”.
Signed by the authority of the Lord Chancellor
David Lock
Parliamentary Secretary,
Lord Chancellor’s Department
Dated 6th September 1999
We consent
Bob Ainsworth
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 7th September 1999


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Income Tax (Employments) (Amendment No. 3) Regulations 1999 and shall come into force on 19th August 1999.
2
Regulations 8 to 14 shall have effect in relation to the year 1999–00 and subsequent years of assessment.
3
Regulations 15 to 17 shall have effect in relation to the year of assessment 2000–01.
4
Regulations 18 and 19 shall have effect in relation to the year 2000–01 and subsequent years of assessment.
5
Regulations 20 to 24 shall have effect in relation to the year 2001–02 and subsequent years of assessment.
Interpretation
2
In these Regulations “the principal Regulations ” means the Income Tax (Employments) Regulations 1993 and “regulation” means a regulation of the principal Regulations.
Amendments to the principal Regulations
3
In regulation 7(2) after sub-paragraph (a) there shall be inserted the following sub-paragraph–
aa
where the code is determined before the beginning of the year for which it is to have effect, any proposed alteration of alterations in the rates for that year of any of the reliefs referred to in sub-paragraph (a);
.
4
In regulations 10(2) and 12(3) after the words “an alteration or alterations” there shall be inserted the words “, or proposed alteration or alterations,”.
5
In regulation 13(4) after the word “change” in each place in which it occurs there shall be inserted the words “, or proposed change,”.
6
In regulation 28(2)(a) for “50 pence” there shall be substituted “£1”.
7
In regulation 49(7) for the words “Parts IV, V and VI of the Management Act ” there shall be substituted the words “Part IV, Part V (other than section 55 ), and Part VI, of the Management Act”.
Amendments to the principal Regulations having effect in relation to the year 1999–00 and subsequent years of assessment
8
In regulation 2(1) after the definition of “reliefs from income tax” there shall be inserted the following definition–
“starting rate” has the same meaning as in section 832(1) of the Taxes Act ;
.
9
In regulation 29(2) and (3) for the words “the rates referred to in regulation 8(4)” there shall be substituted the words “the starting rate, the basic rate and the higher rate”.
10
In regulation 30(2) and (3) for the words “the rates referred to in regulation 8(4)” there shall be substituted the words “the starting rate, the basic rate and the higher rate”.
11
In regulation 32 for the words “the rates referred to in regulation 8(4)” there shall be substituted the words “the starting rate, the basic rate and the higher rate”.
12
In regulation 80F(2)(d) for the words “the lower rate” in each place where they occur there shall be substituted the words “the starting rate”.
13
In regulation 84(7) for the words “the rates referred to in regulation 8(4)” there shall be substituted the words “the starting rate, the basic rate and the higher rate”.
14
In regulation 98C(3) for the words “the lower rate” there shall be substituted the words “the starting rate”.
Amendments to the principal Regulations having effect in relation to the year of assessment 2000–01
15
In regulation 10(2) for the words “sections 257 to 257F or 259 ” there shall be substituted the words “sections 257 and 257A”.
16
In regulation 12(3) for the words “sections 257 to 257F or 259” there shall be substituted the words “sections 257 and 257A”.
17
In regulation 13(4) for the words “sections 257 to 257F” there shall be substituted the words “sections 257 and 257A”.
Amendments to the principal Regulations having effect in relation to the year 2000–01 and subsequent years of assessment
18
In regulation 98C(4) sub-paragraph (b) shall be revoked.
19
In regulation 98F(3) –
a
for sub-paragraph (b) there shall be substituted the following sub-paragraph–
b
the relief specified in section 257A(2) of the Taxes Act (married couples allowance);
;
b
sub-paragraph (d) shall be revoked.
Amendments to the principal Regulations having effect in relation to the year 2001–02 and subsequent years of assessment
20
In regulation 10(2) for the words “sections 257 to 257F or 259” there shall be substituted the words “sections 257, 257A and 257AA ”.
21
In regulation 12(3) for the words “sections 257 to 257F or 259” there shall be substituted the words “sections 257, 257A and 257AA”.
22
In regulation 13(4) for the words “sections 257 to 257F” there shall be substituted the words “sections 257, 257A and 257AA”.
23
In regulation 98C(4) after sub-paragraph (a) there shall be inserted–
aa
the relief specified in section 257AA(1) of the Taxes Act (children’s tax credit);
.
24
In regulation 98F(3) after sub-paragraph (c) there shall be inserted–
ca
the relief specified in section 257AA(1) of the Taxes Act;
.
Nick Montagu
S C T Matheson
Two of the Commissioners of Inland Revenue
29th July 1999


text:
Citation commencement and extent
1
1
These Rules may be cited as the Scottish Local Elections Amendment (No.2) Rules 1999.
2
Rules 1 to 3 of these Rules shall come into force on 24th March 1999 except for the purposes of any election the notice of which is published before that date.
3
Rule 4 of these Rules shall come into force on 24th March 1999.
4
These Rules shall extend to Scotland only.
Application
2
Rule 3(8)(b) shall not apply in any case in which the poll at a local government election is taken with the poll at a Scottish Parliamentary election under article 13 of the Scottish Parliament (Elections etc. ) Order 1999 .
Amendment of the Scottish Local Elections Rules 1986
3
1
The rules in Schedule 2 to the Scottish Local Elections Rules 1986 shall be amended as follows.
2
After rule 4 there shall be inserted the following rule:–
Nomination papers: name of registered political party
4A
1
A nomination paper may not include a description of a candidate which is likely to lead voters to associate the candidate with a registered political party unless the description is authorised by a certificate–
a
issued by or on behalf of the registered nominating officer of the party, and
b
received by the returning officer at some time during the period for delivery of nomination papers set out in the Table in rule 1.
2
A person shall be guilty of a corrupt practice if he fraudulently purports to be authorised to issue a certificate under paragraph (1) on behalf of a registered political party’s nominating officer.
3
In the application of this rule in relation to an election “registered political party” means a party which was registered under the Registration of Political Parties Act 1998 at the time by which the notice of election is required to be published by virtue of rule 1.
.
3
At the beginning of rule 7(3) there shall be inserted the words “Subject to paragraph (3A)”.
4
After rule 7(3) there shall be inserted the following rule:–
3A
If in the returning officer’s opinion a nomination paper breaks rule 4A(1), he shall give a decision to that effect as soon as practicable after the last time for the delivery of nomination papers set out in the Table in rule 1.
.
5
In rule 7(4) for the words “Where he” there shall be substituted the words “Where the returning officer”.
6
After rule 13(2) there shall be inserted the following rule:–
2A
If a candidate who is the subject of a party’s authorisation under rule 4A(1) so requests, the ballot paper shall contain, against the candidate’s particulars, the party’s registered emblem (or, as the case may be, one of the party’s registered emblems).
2B
The request must–
a
be made in writing to the returning officer, and
b
be received by him before the last time for the delivery of nomination papers set out in the Table in rule 1.
.
7
In the Appendix of Forms, for the form of the front of the ballot paper there shall be substituted the form set out in the Schedule to these Rules.
8
In the Directions as to printing the ballot paper in the Appendix of Forms–
a
in paragraph 2(a) for the words “and the particulars of the candidates” substitute the words “, the particulars of the candidates and words forming part of emblems”, and
b
after paragraph 3 there shall be added:–
3A
Where an emblem is to be printed against a candidate’s particulars–
a
it shall be printed between the candidate’s particulars and the vertical rule separating the candidate’s particulars from the spaces where the vote is to be marked, and
b
its size as printed shall not exceed two centimetres square.
.
Revocation
4
The Scottish Local Election Amendment Rules 1999 are hereby revoked .
Helen Liddell
Minister of State
St Andrew’s House,
Edinburgh
1st March 1999


text:
Citation, commencement, extent and interpretation
1
1
These Regulations may be cited as the Education (Nursery Education and Early Years Development) (England) Regulations 1999 and shall come into force on 1st June 1999.
2
These Regulations apply in relation to nursery education in England.
3
In these Regulations–
“ the Act ” means the School Standards and Framework Act 1998;
“nursery education” means full-time or part-time education suitable for children who have not attained compulsory school age;
“the partnership” means, in relation to a local education authority, the early years development partnership established by that authority in accordance with section 119 of the Act;
“statement of proposals” means, in relation to a local education authority, that authority’s proposals for complying with their duty under section 118 of the Act to secure that the provision (whether or not by them) of nursery education for children who have not attained compulsory school age, but who have attained the age prescribed by regulation 2, is sufficient for their area.
Nursery education
2
1
For the purposes of section 118(1)(b) of the Act (age of children who have not attained compulsory school age in relation to whom the local education authority’s duty to secure sufficient provision of nursery education applies) there is hereby prescribed–
a
in the case of a child whose fourth birthday does not fall within one of the periods specified in paragraph (2) below, the age of the child at the start of the first term after his fourth birthday; or
b
in the case of a child whose fourth birthday falls within one of the periods specified in paragraph (2) below, the age of the child at the start of the term following the term referred to in that paragraph.
2
The periods referred to in paragraph (1)(b) above are, in any year–
a
the period commencing on 1st April and ending with the start of the Summer term of that year;
b
the period commencing on 1st September and ending with the start of the Autumn term of that year;
c
the period commencing on 1st January and ending with the start of the Spring term of that year.
3
For the purposes of paragraphs (1) and (2) above, “term” means the term kept in relation to the education provided, or to be provided, or under consideration, for the child, as the case may be, and, in any year, Spring term, Summer term and Autumn term mean, respectively, the term which starts in January, in April and in September.
Early years development plans
3
1
For the purposes of section 120(1)(b) of the Act further early years development plans shall be prepared at intervals of one year.
2
For the purposes of section 120(3) of the Act–
a
the period to which the statement of proposals contained in the first early years development plan shall relate is the three year period commencing on 1st April 2000;
b
the period to which the statement of proposals contained in a subsequent early years development plan shall relate is the three year period commencing on 1st April in the year in which that early years development plan is submitted to the Secretary of State for approval in accordance with section 121(1) of the Act;
c
every statement of proposals shall deal with the matters set out in the Schedule to these Regulations.
4
1
The date by which the first early years development plan must be submitted to the Secretary of State in accordance with section 121(1) of the Act is 1st February 2000.
2
The date by which each subsequent early years development plan must be submitted to the Secretary of State in accordance with that subsection is 1st February in each year.
3
Where the Secretary of State has approved–
a
a local education authority’s statement of proposals under subsection (2) of section 121 of the Act, or
b
the modification of a local education authority’s statement of proposals under subsection (8) of that section, the local education authority shall publish their early years development plan (or their plan as modified) by a date not later than two months after the date of approval of the statement of proposals or modification thereof under the said subsection (2) or (8) (as the case may be), or by 1st June in the year of approval, if later.
4
The local education authority shall publish the early years development plan, or the plan as so modified by making it available at their education office and at public libraries in their area for reference by members of the public.
5
Each local education authority shall provide a copy of the approved early years development plan to–
a
the Secretary of State; and
b
each of the members of the partnership.
Margaret Hodge
Parliamentary Under Secretary of State,
Department for Education and Employment
10th May 1999


text:
Citation and commencement
1
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Kent) (Borough of Gravesham) Order 1999 and shall come into force on 4th January 2000.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and a special parking area by article 4 of this Order.
Application
3
This Order applies to the Borough of Gravesham excluding the following roads:
a
the M2 Motorway for its whole length in the Borough including its on and off slip roads;
b
the A2 trunk road for its whole length in the Borough including its on and off slip roads;
c
the A289 Wainscott Bypass for its whole length in the Borough including its on and off slip roads.
Designation of permitted parking area and special parking area
4
The Secretary of State hereby designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
Keith Hill
Parliamentary Under Secretary of State
Department of the Environment, Transport and the Regions
13th December 1999


text:
1
This Order may be cited as the Education (Funding for Teacher Training) Designation Order 1999 and shall come into force on 1st June 1999.
2
The following are hereby designated as institutions eligible for funding under Part I of the Education Act 1994–
a
Bexley London Borough Council;
b
The London Diocesan Board for Schools, a charitable company limited by guarantee having the registered charity number 313000; and
c
United Synagogue, a charitable unincorporated association having the registered charity number 242552.
Estelle Morris
Minister of State,
Department for Education and Employment
1st May 1999


text:
PART I
INTRODUCTION
Title and commencement
1
This Order may be cited as the Animal By-Products Order 1999 and shall come into force on 1st April 1999.
Extension of definitions of “animals” and “poultry”
2
For the purposes of the Animal Health Act 1981 in its application to this Order —
a
the definition of “animals” in section 87(1) of that Act is hereby extended so as to comprise —
i
any kind of mammal except man;
ii
any kind of four-footed beast which is not a mammal;
iii
fish, reptiles and crustaceans; and
iv
other cold-blooded creatures of any species;
b
the definition of “poultry” in section 87(4) of that Act is hereby extended so as to comprise all birds; and
c
the definitions of “disease” in section 88(1) and (3) of that Act are hereby extended so as to comprise all diseases of animals and birds.
Interpretation and scope
3
1
In this Order, unless the context otherwise requires —
“animal” includes poultry;
“animal by-products” means —
animal carcases;
parts of animal carcases (including blood); or
products of animal origin;
not intended for human consumption, with the exception of animal excreta and catering waste;
“approved” means approved under this Order by the appropriate Minister;
“catering waste” means the following products when they are no longer intended for human consumption —
waste from catering and domestic waste;
waste from the production of products which are intended to be used for human consumption without further cooking; or
waste from the production of bread, cakes, pasta, pastry, pizzas and similar products (whether or not intended to be used for human consumption without further cooking);
“high risk material” means animal by-products of the following description, or any material containing such by-products —
animal by-products which present a serious risk of spreading communicable disease to man or animals;
all animals kept for agricultural production, which have died or been killed but were not slaughtered for human consumption, including stillborn animals and foetuses but excluding animals slaughtered during transit for reasons of their welfare;
dead animals not referred to in paragraph (b) but which are designated as high risk material by notice by the appropriate Minister;
animals (other than those slaughtered for human consumption) which are killed in the context of disease control measures;
animal by-products (including blood) from animals which, during pre-slaughter veterinary inspection, show clinical signs of disease communicable to man or animals;
fish which show clinical signs of disease communicable to man or fish;
all animal by-products (other than hides, skins, hooves, feathers, wool, horns, blood and similar products) which are from animals (other than fish, crustaceans or molluscs) slaughtered in the normal way if either —
the animal by-product is not presented for post-mortem veterinary inspection; or
during post-mortem veterinary inspection the animal by-product shows gross pathological lesions indicating disease communicable to man or animals;
all meat, poultrymeat, fish, game and foodstuffs of animal origin which are spoiled in such a way that they present a risk to human or animal health;
animal by-products from animals, fish or game, fresh meat, poultrymeat, meat products and milk products imported from any country other than a member State which fail to comply with the veterinary requirements for their importation into the Community, unless they are re-exported or their import is accepted under restrictions laid down in Community provisions; or
animal by-products containing residues of substances which may pose a danger to human or animal health, or milk, meat or products of animal origin rendered unfit for human consumption by the presence of such residues;
“knacker’s yard” means any premises used in connection with the business of killing, flaying or cutting up animals the flesh of which is not intended for human consumption but does not include —
hunt kennels or other premises where the flesh is fed to animals;
premises used for diagnostic, educational or research purposes;
premises which do not take high risk material; or
premises where animals are cut up solely for the purpose of incineration;
“low risk material” means animal by-products other than high risk material;
“pharmaceutical or technical products” means products intended for purposes other than human food or animal feedingstuffs;
“swill” means —
non-mammalian animal by-products rendered in accordance with paragraph 5 of Part I of Schedule 2; or
catering waste processed in accordance with Schedule 5.
2
Rendered material complies with the microbiological standards for the purposes of this Order if —
a
in the case of rendered material derived from high risk material, it is free from Clostridium perfringens ;
b
it is free from Salmonella; and
c
it successfully passes the test for Enterobacteriaceae in paragraph 5 of Part IV of Schedule 3.
3
The provisions of this Order shall not apply in relation to —
a
hides, skins, shells, hooves, feathers, wool, horns, blood and similar products which are not used in the manufacture of feedingstuffs but shall apply to such products when originating from animals which show clinical signs of any disease communicable through that product to man or animals;
b
specified risk material controlled by the Specified Risk Material Regulations 1997 or the Specified Risk Material Order 1997 ;
c
a by-product from a wild mammal or wild bird other than one produced in premises used for processing mammals or birds;
d
petfood from butchers' shops;
e
milk or milk products other than —
i
high risk milk or milk products; and
ii
milk or milk products originating from animals which show clinical signs of any disease communicable through milk or milk products to man or animals;
f
fish caught and discarded at sea and waste from the processing of fish at sea; or
g
the feeding of birds of prey.
5
Any reference in this Order to a Schedule or article is, unless the context otherwise requires, a reference to a Schedule to this Order or an article of this Order.
PART II
DISPOSAL OF HIGH RISK AND LOW RISK MATERIAL
Scope of Part II
4
The provisions of this Part shall apply in relation to all high risk and low risk material.
Restrictions on disposal of animal by-products
5
1
Subject to the following provisions of this article, any person who has in his possession or under his control any animal by-product shall without undue delay consign it for, or dispose of it by —
a
rendering or part-rendering in approved premises;
b
incineration;
c
burning other than in an incinerator, or burying, if —
i
it is is a place where access is difficult; or
ii
the quantity of by-product and the distance to premises in which disposal is otherwise permitted under this article do not justify transporting it;
d
use for diagnostic, educational or research purposes;
e
in the case of low risk material, production of petfood or pharmaceutical or technical products, or storage for the production of petfood, at premises registered under article 12;
f
treatment at an approved knacker’s yard, or feeding to zoo, circus or fur animals, recognised packs of hounds or maggots farmed for fishing bait at premises registered under article 13, provided that the material consigned is —
i
a by-product referred to in paragraph (b), (c) or (g)(i) of the definition of high risk material in article 3(1) (provided that it is not from an animal slaughtered as a result of the presence or suspected presence of a notifiable disease listed in Annex I to Council Directive 82/894/ EEC (on the notification of animal diseases within the Community) ); or
ii
low risk material; or
g
export from Great Britain.
2
If the appropriate Minister serves on the person in charge by any animal by-product a notice certifying that —
a
the by-product is from animals infected with, or suspected of being infected with, an epizootic disease and should not be transported because of health risks;
b
the by-product contains, or is suspected of containing, residues or pathogens which could constitute a risk to human or animal health and which could survive rendering; or
c
there is a lack of capacity at rendering premises or incinerators;
then that person shall, without undue delay, dispose of the by-product by burning or by burial as may be specified in the notice.
3
No person shall feed to any ruminant animal, pig or poultry, or allow any such animal to have access to, any unrendered animal by-product.
Collection and transport of animal by-products
6
Any person collecting or transporting animal by-products shall —
a
use adequately covered leak-proof containers or vehicles;
b
maintain vehicles, tarpaulins or other covers and reusable containers in a clean condition; and
c
where animal by-products derived from animals or fish fit for human consumption are transported in bulk directly to rendering premises, label the container with —
i
the source and description of the animal by-product; and
ii
the words “Not for human consumption” in clearly visible and legible letters at least 2 centimetres high.
Approval of premises and equipment for rendering animal by-products
7
1
No person shall use any premises or equipment for rendering or part-rendering animal by-products unless the premises, the equipment and the operator of the premises are approved by the appropriate Minister in accordance with this article.
2
The appropriate Minister shall grant approval under this article for premises and equipment for rendering or part-rendering high risk or low risk material if he is satisfied that —
a
the premises comply with the requirements in Schedule 1 and will be maintained and operated in accordance with that Schedule;
b
the material will be rendered or part-rendered in accordance with Schedule 2;
c
the rendered material has been sampled on a daily basis over a period of 30 days before the approval is granted and the samples taken comply with the microbiological standards in article 3(2), except that this requirement shall not apply when animal by-products —
i
are to be rendered in accordance with Method I of Part II of Schedule 2;
ii
are to be part-rendered in accordance with the conditions of the approval; or
iii
are non-mammalian by-products which are to be rendered for the production of swill for feeding to pigs or poultry;
d
the equipment will not be used to render any specified risk material controlled by the Specified Risk Material Regulations 1997 or the Specified Risk Material Order 1997;
e
where appropriate, there will be no cross-contamination between different types of material; and
f
all other conditions of this Order will be complied with.
3
The approval shall specify —
a
the operator and the address of the premises;
b
the rendering equipment and the method of rendering or part-rendering;
c
whether material may be rendered or part-rendered;
d
the type of material which may be rendered or part-rendered;
e
the parameters to be achieved during rendering or part-rendering; and
f
any other conditions which the appropriate Minister considers necessary to ensure that this Order is complied with.
4
While the rendered product is being tested in accordance with paragraph (2)(c) above, the appropriate Minister may grant a provisional approval for rendering the animal by-product, which shall specify how the rendered material shall be disposed of.
Operation of approved rendering plants
8
1
Any person holding an approval under article 7 shall maintain and operate the premises and equipment in accordance with Schedule 1 and shall render material in accordance with Schedule 2 and the approval.
2
No person shall render specified risk material controlled by the Specified Risk Material Regulations 1997 or the Specified Risk Material Order 1997 in any equipment approved for rendering animal by-products under article 7.
Sampling the rendered product
9
1
If rendered material is intended for use in feedingstuffs (other than swill or petfood) then the operator of a rendering plant shall act in accordance with this article.
2
The operator shall establish and use an identification system which makes it possible to identify each rendered batch.
3
In the case of rendered material derived from high risk material, the operator shall, once every week —
a
take from the outlet of each cooker in use at the premises a sample of at least 50 grams of freshly rendered proteinaceous material; and
b
send the sample to an approved laboratory for testing for Clostridium perfringens .
4
In the case of all rendered material, the operator shall, on each day that the material is consigned from the premises —
a
take samples of the rendered proteinaceous material using one of the methods specified in Part I of Schedule 3 and aggregate the samples to produce a final sample in accordance with that method; and
b
send the final sample to an approved laboratory for testing for Salmonella and Enterobacteriaceae .
5
Whenever an operator sends a sample to an approved laboratory, he shall send with the sample the following information in writing —
a
the name and address of the premises at which the sample was taken;
b
the date on which the sample was taken; and
c
the identity of the sample.
6
No person shall tamper with a sample taken under this article with intent to affect the result of a test.
7
If the test demonstrates that the rendered material does not comply with the microbiological standards in article 3(2), then the operator shall —
a
immediately notify the appropriate Minister of the full details of the nature of the sample and the lot from which it was derived;
b
ensure that no further rendered material suspected or known to be contaminated is moved from the premises unless —
i
he takes all necessary measures to ensure that it is not used for feedingstuffs; or
ii
it has been re-rendered under the supervision of the appropriate Minister and resampled and re-tested by the appropriate Minister, and the re-testing has shown that the re-rendered material complies with the microbiological standards in article 3(2);
c
establish the causes of failure of compliance;
d
increase the rate of sampling and testing of rendered material; and
e
instigate appropriate decontamination and cleaning procedures within the premises.
Incineration
10
Any person who incinerates animal by-products shall ensure that they are either —
a
completely incinerated immediately on arrival; or
b
stored in adequately covered leak-proof containers and completely incinerated without undue delay.
Burial of animal by-products
11
Any person burying animal by-products shall —
a
sprinkle them with a suitable disinfectant if this will help prevent the spread of disease; and
b
bury them in such a way that carnivorous animals cannot gain access to them.
Petfood, pharmaceutical and technical premises
12
1
No person shall use any premises for the production of petfood or pharmaceutical or technical products from animal by-products unless the premises and the occupier of the premises are registered with the appropriate Minister in accordance with this article.
2
The appropriate Minister shall register premises under paragraph (1) above if he is satisfied that —
a
the premises have adequate facilities for storing and treating the animal by-products without risk to animal health;
b
the finished product will not create a risk to animal health; and
c
all other provisions of this Order will be complied with.
3
No person shall use any premises for the collection of animal by-products intended for the production of petfood (other than the premises on which the animal by-products originate or premises registered under paragraph (1) above) unless the premises and the occupier of the premises are registered with the appropriate Minister in accordance with this article.
4
The appropriate Minister shall maintain a register of premises registered under this article containing the following information —
a
the name of the operator;
b
the address of the premises; and
c
the business carried on at the premises.
5
No person shall accept any unrendered or part-rendered high risk material into premises registered under this article.
6
The occupier of premises registered under paragraph (1) above shall ensure that all animal by-products not incorporated into the product, and all waste material arising during production are disposed of in accordance with article 5.
7
The occupier of premises registered under paragraph (1) above shall ensure that all finished material not used for its intended purpose is disposed of by burial or in accordance with article 5.
8
The occupier of premises registered under paragraph (3) above shall ensure that all animal by-products not consigned for the production of petfood are disposed of in accordance with article 5.
9
The appropriate Minister may by notice require the occupier of premises registered under this article to store, process, despatch or dispose of animal by-products as may be specified in the notice.
Registration of premises used for the feeding of animal by-products to zoo, circus or fur animals, recognised packs of hounds or maggots farmed for fishing bait
13
1
No person shall receive or use on any premises any animal by-product for feeding to zoo, circus or fur animals, recognised packs of hounds or maggots farmed for fishing bait, unless the premises and the occupier of the premises are registered with the appropriate Minister in accordance with this article.
2
The appropriate Minister shall maintain a register of premises used for the feeding of animal by-products to zoo, circus and fur animals, recognised packs of hounds and maggots farmed for fishing bait containing the following information —
a
the name of the operator;
b
the address of the premises; and
c
the business carried on at the premises.
3
No person shall accept any animal by-product into premises registered under this article other than material permitted to be consigned there under article 5.
4
The occupier of premises registered under this article shall ensure that all unused animal by-products and all animal by-products remaining after feeding are disposed of in accordance with article 5.
Approval of knackers' yards
14
1
No person shall operate a knacker’s yard unless the premises are approved by the appropriate Minister in accordance with this article.
2
The appropriate Minister shall grant approval under this article if he is satisfied that the premises comply with the conditions in Schedule 4 and that they will be maintained and operated in accordance with this Order and the conditions of the approval.
3
The appropriate Minister shall not approve a knacker’s yard for the production of feedingstuffs for animals whose flesh is not intended for human consumption unless he is satisfied that the premises were used as a knacker’s yard for the production of such feedingstuffs on 27th November 1990.
4
The approval granted under paragraph (1) above shall specify —
a
the operator of the premises and the address;
b
whether or not the knacker’s yard is approved to produce feedingstuffs for animals whose flesh is not intended for human consumption, and if it is, the production method; and
c
any other conditions which the appropriate Minister considers necessary to ensure that this Order is complied with.
Operation of knackers' yards and supply of feedingstuffs from knackers' yards
15
1
Any person approved under article 14 to operate a knacker’s yard shall maintain and operate the premises in accordance with the requirements in Schedule 4 and any additional requirements contained in the approval.
2
No person shall accept any animal by-product into a knacker’s yard other than material permitted to be consigned there under article 5.
3
No person (whether a knacker or any subsequent supplier) shall supply for use in domestic premises any feedingstuffs derived from mammalian high risk material which has been treated in accordance with sub-paragraph (1)(a) or (b) of paragraph 11 of Schedule 4.
Approval and operation of laboratories
16
1
The appropriate Minister shall approve laboratories under this article to carry out one or more of the tests in this article if he is satisfied that they have the necessary facilities, personnel and operating procedures to do so.
2
In deciding whether to grant or continue an approval, the appropriate Minister may require the laboratory to successfully undertake any quality control tests as he shall reasonably think fit.
3
The operator of a laboratory approved under this article carrying out tests on material submitted to him in accordance with this Order shall do so in accordance with this article.
4
A test for Clostridium perfringens shall be carried out in accordance with the method in Part II of Schedule 3 or (if specified in the approval) with a method which conforms with ISO 7937/1985 ( BS 5763: Part 9: 1986 (1998) (Enumeration of Clostridium perfringens ) .
5
A test for Salmonella shall be carried out in accordance with one of the methods in Part III of Schedule 3 or (if specified in the approval) with a method which conforms with —
a
ISO 6579/1993 (BS 5763: Part 4: 1993) (Detection of Salmonella) ;
b
BS EN-12824: 1998 (Horizontal method for the detection of Salmonella) ; or
c
NMKL 71: 1993 .
6
A test for Enterobacteriaceae shall be carried out in accordance with the method in Part IV of Schedule 3 or (if specified in the approval) with a method which conforms with ISO 7402/1993 (BS5763: Part 10: 1993) (Enumeration of Enterobacteriaceae ) .
7
The operator of a laboratory approved under this article shall forthwith notify the appropriate Minister for the rendering plant, and the operator of the rendering plant, in the event of tests establishing that the material does not comply with the microbiological standards in article 3(2).
8
The operator of a laboratory approved under this article shall notify the appropriate Minister for the laboratory on the last day of every month of the number, type and results of tests carried out.
Records for animal by-products
17
1
Any person consigning animal by-products or part-rendered material from any premises shall keep a record of each consignment showing —
a
the date on which the material was taken from the premises;
b
the quantity and description of the material;
c
the destination to which it was consigned; and
d
the name of the haulier transporting it.
2
Any person transporting animal by-products or part-rendered material shall, at the time of collection, record —
a
the address of the premises from which the material was collected;
b
the date on which the material was collected;
c
the quantity and description of the material; and
d
the destination to which it is to be taken.
3
Any person receiving animal by-products or part-rendered material shall keep a record of incoming consignments showing —
a
the date on which the material arrived;
b
the address of the premises from which the material was consigned;
c
the quantity and description of the material; and
d
the name and address of the haulier who transported it.
4
In addition to the records required to be kept by him under paragraph (3) (and, in the case of consignment from the premises of unrendered material, paragraph (1)), the occupier of rendering premises (other than part-rendering premises) shall keep a record for all animal by-products (including part-rendered material) rendered of —
a
the weight rendered and the date of rendering;
b
the temperature achieved by the by-products;
c
in a batch system, the time for which the by-products were rendered;
d
if appropriate, the particle size to which the by-products were reduced before rendering;
e
if appropriate, the pressure to which the by-products were subjected during rendering;
f
if appropriate, the feed rate of the by-products;
g
if appropriate, the fat re-cycling rate;
h
the quantity and description of rendered material produced;
i
the results of all tests of samples submitted to an approved laboratory in accordance with article 9 and any action taken under that article after a sample has been shown not to comply with the microbiological standards specified in article 3(2); and
j
in the case of all rendered material —
i
the method of disposal;
ii
the quantity disposed of;
iii
the date of disposal;
iv
the name of the haulier; and
v
the address of the disposal premises.
5
In addition to the records required to be kept by him under paragraph (3) (and, in the case of consignment from the premises of unrendered or part-rendered material, paragraph (1)), the occupier of part-rendering premises shall keep a record for all animal by-products part-rendered of —
a
the weight part-rendered and the date of part-rendering; and
b
the quantity and description of part-rendered material produced.
6
In addition to the records required to be kept by him under paragraph (3) (and, in the case of consignment from the premises of unused animal by-products and animal by-products remaining after feeding, paragraph (1)), the occupier of any premises registered under article 13 (zoo animals, etc. ) shall keep records of the use to which the animal by-products were put.
7
In addition to the records required to be kept by him under paragraph (3) (and, in the case of consignment from the premises of untreated material, paragraph (1)), the occupier of a knacker’s yard shall keep a record of —
a
the quantity of animal by-products treated in accordance with paragraph 11 of Schedule 4 (treatment of by-products for the production of feedingstuffs), and the date and method of treatment;
b
in the case of the supply of mammalian high risk material which has been sterilised or denatured in accordance with paragraph 11(1)(a) or (b) of Schedule 4 —
i
the name and address of each person buying the feedingstuffs;
ii
the premises to which the feedingstuffs are to be taken for use;
iii
the quantity sold; and
iv
the date on which the material was sold.
Records for approved laboratories
18
The operator of a laboratory approved under article 16 shall record —
a
the name and address of the premises at which the sample was taken;
b
the date on which the sample was taken;
c
the identity of the sample;
d
the date on which the sample was received at the laboratory;
e
the date on which the sample was tested at the laboratory; and
f
the result of the test.
PART III
CATERING WASTE INTENDED FOR FEEDING TO PIGS AND POULTRY
Feeding catering waste to ruminants, pigs and poultry
19
1
No person shall feed to any ruminant animal, or allow any ruminant animal to have access to, any catering waste to which this Part applies, or any feedingstuffs which have been in contact with it.
2
No person shall feed to any pig or poultry, or allow any pig or poultry to have access to, any catering waste to which this Part applies unless it has been processed in accordance with this Part.
3
No person shall feed to any pig or poultry, or allow any pig or poultry to have access to, any feedingstuffs which have been in contact with unprocessed catering waste unless the feedingstuffs have subsequently been processed as catering waste in accordance with this Part.
4
The requirements in this Part shall apply in relation to catering waste which contains or has been in contact with animal carcases, parts of animal carcases (including blood) or products of animal origin (other than milk, eggs, rennet or melted fat which have been incorporated into another product).
Catering waste from a means of transport from outside Great Britain
20
No person shall feed to any ruminant animal, pig or poultry, or allow any such animal to have access to, any catering waste imported into Great Britain and originally intended for consumption on the means of transport in which it was imported, or any feedingstuffs which have been in contact with it.
Transporting unprocessed catering waste
21
1
Any person collecting or transporting unprocessed catering waste intended for feeding to pigs or poultry shall —
a
use adequately covered leak-proof containers or vehicles;
b
maintain vehicles, tarpaulins or other covers and reusable containers in a clean condition; and
c
take it without undue delay to approved processing premises.
2
No person shall bring unprocessed catering waste on to any premises where ruminant animals, pigs or poultry are kept.
3
No person shall carry processed catering waste in a vehicle containing unprocessed catering waste.
Approval of premises producing swill from catering waste
22
1
No person shall process catering waste to produce swill for feeding to pigs or poultry except on premises approved under this article.
2
The appropriate Minister shall grant approval under this article for premises and equipment for processing catering waste to produce swill for feeding to pigs or poultry if he is satisfied that —
a
the premises comply with the requirements in Schedule 5 and will be maintained and operated in accordance with that Schedule;
b
the catering waste will be processed in accordance with Schedule 5;
c
the catering waste will not be fed to ruminants;
d
the premises are not used to render animal by-products other than for the production of swill; and
e
the conditions of this Order will be complied with.
3
The approval shall specify —
a
the operator of the premises;
b
the address of the premises;
c
the parts of the premises in which catering waste may be received and processed;
d
the cooking parameters if these are different from those specified in Schedule 5; and
e
any other conditions which the appropriate Minister considers necessary to ensure that this Order is complied with.
Operation of premises approved to process catering waste
23
1
Any person holding an approval under article 22 shall maintain and operate the premises and equipment in accordance with the requirements in Schedule 5 and shall process the catering waste in accordance with that Schedule.
2
No person shall render animal by-products (except for the production of swill) on any premises approved under article 22.
Records for premises approved to process catering waste
24
The occupier of premises processing catering waste shall record —
a
the date on which the incoming waste arrived;
b
the address of the premises from which the waste was collected;
c
the quantity and description of the incoming waste; and
d
the name of the haulier who transported it.
PART IV
SWILL FOR USE AS FEEDINGSTUFFS
Consigning swill
25
1
No person shall consign from any holding swill for feeding to pigs or poultry except under the authority of an approval granted by the appropriate Minister under this article.
2
The appropriate Minister shall grant an approval under this article if he is satisfied that the conditions of this Order will be complied with.
3
The approval shall specify the address of the holding to which the swill may be consigned.
4
Any person consigning swill from any holding shall keep a record of each consignment showing —
a
the date on which the material was consigned;
b
the quantity of the material;
c
the destination to which it was delivered; and
d
the name of the haulier who transported it.
Feeding swill to pigs or poultry
26
1
No person shall feed swill to pigs or poultry on any premises except under the authority of an approval granted by the appropriate Minister under this article.
2
The appropriate Minister shall grant an approval under this article if he is satisfied that the conditions of this Order will be complied with.
3
The occupier of premises used for feeding swill to pigs or poultry (other than pigs or poultry which are on the same holding as the processing premises) shall keep a record of each incoming consignment of swill showing —
a
the date on which the material arrived;
b
the premises from which the material was consigned;
c
the quantity and description of the material; and
d
the name of the haulier who transported it.
PART V
GENERAL
Notice requiring the disposal of animal by-products or catering waste
27
If he thinks it necessary for animal health purposes, or if any provision of this Order is not being complied with, an inspector may serve a notice on any person in possession of any animal by-product or catering waste requiring him to dispose of it as may be specified in the notice.
Cleansing and disinfection
28
1
If an inspector suspects that any vehicle, container or premises to which this Order applies constitutes a disease risk, he may serve a notice on the person in charge of the vehicle or container, or on the occupier of the premises, requiring the vehicle, container or premises to be cleansed and disinfected.
2
The notice may —
a
specify the method of cleansing and disinfection;
b
specify the method of disposal of any material remaining in the vehicle, container or premises; and
c
prohibit the movement of animal by-products or catering waste into the vehicle or container or on to the premises until such time as the required cleansing and disinfection has been satisfactorily completed.
Powers of inspectors
29
1
An inspector who enters any premises in exercise of his powers under the Animal Health Act 1981 may —
a
carry out any inquiries, examinations and tests;
b
take any samples; and
c
examine and copy any records kept under this Order;
which are necessary to ascertain whether the provisions of this Order have been or are being complied with.
2
An inspector may, for the purposes of identification, mark any animal or thing in relation to which any of the powers in paragraph (1) above has been exercised.
3
No person shall, or shall attempt to, deface, obliterate or remove any such mark as is referred to in paragraph (2) above.
4
The occupier of any premises or any person in his employment shall render such reasonable assistance to an inspector as the inspector may require for the purpose of facilitating the exercise of his powers under paragraphs (1) and (2) above and in particular shall provide a printout of any records kept in electronic form.
Form of approvals, etc.
30
Any approval, registration or notice under this Order shall be in writing, may be subject to conditions and may be amended, suspended or revoked by notice in writing at any time, and in particular may be suspended or revoked if the appropriate Minister is reasonably of the opinion that the provisions of this Order are not being complied with.
Compliance with notices
31
Any notice served under this Order shall be complied with at the expense of the person on whom the notice is served, and if it is not complied with, an inspector may arrange for it to be complied with at the expense of that person.
Form of records
32
Any record required to be kept under this Order shall be in written or electronic form and shall be kept for at least two years.
Enforcement
33
1
This Order shall be enforced by the appropriate Minister in relation to —
a
premises which are licensed under the Fresh Meat (Hygiene and Inspection) Regulations 1995 ;
b
premises which are licensed under the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995 ;
c
premises which are licensed under the Wild Game Meat (Hygiene and Inspection) Regulations 1995 ;
d
combined premises as defined in the Meat Products (Hygiene) Regulations 1994 ; and
e
combined premises as defined in the Minced Meat and Meat Preparations (Hygiene) Regulations 1995 .
2
Other than as specified in paragraph (1) this Order shall be enforced by the local authority.
Transitional provisions
34
Any notice, licence, approval, authorisation or registration issued under the provisions of the Animal By-Products Order 1992 or the Diseases of Animals (Waste Food) Order 1973 shall continue to have effect as if made under the equivalent provision of this Order.
Revocations and consequential amendments
35
1
The instruments in Part I of Schedule 6 are revoked.
2
The instrument in Part II of Schedule 6 is amended in accordance with that Part.
Jeff Rooker
Minister of State Ministry of Agriculture, Fisheries and Food
3rd March 1999
Sewel
Under Secretary of State Scottish Office
2nd March 1999
Signed by authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under Secretary of State Welsh Office
8th March 1999


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Governors' Allowances) Regulations 1999 and shall come into force on 1st April 1999.
2
Regulations 3 to 6 shall apply in relation to expenditure incurred in financial years commencing on and after 1st April 1999.
3
Regulation 7 shall apply in relation to expenditure incurred in financial years commencing on or before 1st April 1998.
Interpretation
2
1
In these Regulations–
“the 1996 Act ” means the Education Act 1996;
“the 1998 Act ” means the School Standards and Framework Act 1998;
“maintained school” means–
in the period ending immediately before 1st September 1999–
a county, voluntary or maintained special school;
a proposed such school with a temporary governing body; or
a grant-maintained or grant-maintained special school,
within the meaning of the 1996 Act;
in the period commencing on 1st September 1999, a maintained school within the meaning of section 20(7) of the 1998 Act, or a proposed such school with a temporary governing body;
“governing body” in relation to a maintained school includes a temporary governing body;
“governor” in relation to a maintained school includes a member of a temporary governing body.
2
Expressions used in these Regulations set out in the first column of the following table shall have the meanings attributed to them by the provisions set out opposite thereto in the second column:
financial year section 579(1) of the 1996 Act. school which has a delegated budget section 49(7) of the 1998 Act. temporary governing body in relation to the period ending immediately before 1st September 1999, section 181(3) of the 1996 Act and in relation to the period commencing on that date, section 44 of the 1998 Act.
Schools with delegated budgets
3
1
The governing body of a maintained school which has a delegated budget may determine, in accordance with the provisions of a scheme made by them for the purposes of these Regulations, to pay to a member of that governing body or any committee thereof payments by way of allowance in respect of expenditure necessarily incurred by him for the purposes of enabling him to perform any duty as a governor or as a member of that committee being payments at a rate determined by the governing body, but not exceeding in the case of travel or subsistence such rates as may be specified from time to time by the Secretary of State for the purposes of section 174 of the Local Government Act 1972 .
2
A scheme referred to in paragraph (1) above may not make different provision in relation to members of the governing body and members of committees thereof who are not governors or in relation to different categories of governor or committee member.
Schools without delegated budgets and other institutions
4
1
The allowances referred to in paragraph (2) below are hereby prescribed as allowances which a local education authority may, in accordance with the provisions of a scheme made by them for the purposes of section 519 of the 1996 Act , pay to–
a
governors of a maintained school which does not have a delegated budget;
b
governors of any institution providing higher education or further education (or both) which is maintained by a local education authority;
c
persons appointed to represent the local education authority on the governing body of any such institution which is not maintained by them;
d
persons appointed to represent the local education authority on the governing body of any independent school or special school which is not maintained by them.
2
The payments by way of allowance referred to in paragraph (1) above are in respect of expenditure necessarily incurred by that person for the purposes of enabling him to perform any duty as a governor or as a person appointed to represent the local education authority being payments at a rate determined by the authority, but not exceeding in the case of travel or subsistence such rates as may be specified from time to time by the Secretary of State for the purposes of section 174 of the Local Government Act 1972.
5
1
Where a maintained school does not have a delegated budget, the allowances referred to in paragraph (2) below may be paid by the local education authority to members of committees of the governing body who are not governors in accordance with the provisions of a scheme made by the authority for that purpose.
2
The payments by way of allowance referred to in paragraph (1) above are in respect of expenditure necessarily incurred by that person for the purposes of enabling him to perform any duty as a member of the committee being payments at a rate determined by the authority, but not exceeding in the case of travel or subsistence such rates as may be specified from time to time by the Secretary of State for the purposes of section 174 of the Local Government Act 1972.
3
A scheme referred to in paragraph (1) above may not make different provision in relation to different categories of committee member.
Meetings and instruments and articles of government
6
1
A governor shall not be prevented from considering or voting upon any proposal regarding allowances to be paid in accordance with these Regulations by reason that he has an interest in the payment of such allowances to members of the governing body generally but a member of a governing body or any committee thereof shall withdraw from a meeting during any consideration or discussion of, and shall not vote on, whether he should receive a particular allowance, the amount of any payment or any question about an allowance that has been paid to him.
2
These Regulations shall have effect despite any contrary provision in the instrument or articles of government of any maintained school and a governing body shall not pay a member of the governing body or any committee thereof payments by way of allowance thereunder.
Expenditure incurred before 1st April 1999
7
Where a member of a governing body or any committee thereof has incurred expenditure before 1st April 1999 then any allowance payable to him by the governing body of a maintained school or a local education authority on or after that date in respect of that expenditure shall be paid in accordance with the law relating to the payment of such allowances as it existed immediately before 1st April 1999.
Amendment
8
1
The Education (Grant-maintained Schools) (Initial Governing Instruments) Regulations 1993 shall be amended as follows–
a
paragraph 43(9) of Schedule 1 (allowances for independent members of staff discipline appeal committees) shall be revoked; and
b
paragraph 11 of Appendix 3 to Schedule 1 (allowances for non-governor members of admissions or exclusions appeal committees) shall be revoked.
2
The said paragraphs 43(9) and 11 shall continue to apply to the payment of allowances in respect of financial years ending on or before 31st March 1999.
Estelle Morris
Minister of State,
Department for Education and Employment
10th March 1999
Peter Hain
Parliamentary Under Secretary of State, Welsh Office
11th March 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Borough of Erewash (Electoral Changes) Order 1999.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 1st May 2003, on 10th October 2002;
b
for all other purposes, on 1st May 2003.
3
In this Order —
“borough” means the borough of Erewash;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
any reference to the map is a reference to the map prepared by the Department of the Environment, Transport and the Regions marked “Map of the Borough of Erewash (Electoral Changes) Order 1999”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 ; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Wards of Erewash
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into twenty-two wards which shall bear the names set out in column (1) of the Schedule.
3
The wards shall comprise the areas described in column (2) of the Schedule by reference to parishes, or parish wards, or parishes and parish wards or, where no area is so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of the Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, waterway or similar geographical feature, it shall be treated as running along the centre line of the feature.
Wards of the parish of Ockbrook and Borrowash
3
1
The parish of Ockbrook and Borrowash shall be divided into three wards which shall bear the names Borrowash East, Borrowash West and Ockbrook; and the wards shall comprise the areas designated on sheet 3 by reference to the names of the wards and demarcated by orange lines.
2
The number of councillors to be elected for each of the Borrowash East and Borrowash West parish wards shall be four and for the Ockbrook parish ward shall be three.
Revocation
4
The Borough of Erewash (Electoral Arrangements) Order 1978 is hereby revoked.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions.
Beverley Hughes
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
27th September 1999


text:
Citation and commencement
1
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County of East Sussex) (Borough of Hastings) Order 1999.
2
This article, article 2, paragraph 4 of Schedule 1 and article 5, so far as it relates to that paragraph and to section 73 of the 1991 Act , shall come into force on 3rd May 1999.
3
The remainder of this Order shall come into force on 10th May 1999.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
This Order applies to the Borough of Hastings excluding that length of the A21 trunk road situated between the Hastings Borough boundary and the southern side of the junction with Junction Road.
Designation of permitted parking area and special parking area
4
The Secretary of State hereby designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
Glenda Jackson
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
10th April 1999


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Food (Animals and Animal Products from Belgium) (Emergency Control) Order 1999 and shall come into force on 5th June 1999.
2
In this Order–
“ the Act ” means the Food Safety Act 1990;
“animal” includes any bird;
“the Commission Decision” means the Commission Decision 1999/363/ EC on protective measures with regards to contamination by dioxins of certain animal products intended for human or animal consumption ;
“dairy products” means raw milk, heat-treated drinking milk and milk based products as defined by Council Directive 92/46/ EEC as amended;
“free circulation” shall be construed in accordance with Article 23.2 of the Treaty establishing the European Community;
“member State” means a member State of the European Community other than Belgium or the United Kingdom;
“port health authority” includes a port local authority and a joint port local authority; and
“relevant animal or animal product” means–
live animals and hatching eggs as referred to in Article 3 of the Commission Decision save for any animal which is not a food source; and
products of Belgian origin covered by Article 1.2 of the Commission Decision save for any product which is not food,
and also includes pork, beef and dairy products of Belgian origin which is derived from an animal reared in Belgium as it includes poultry meat derived from domestic fowl reared there.
Prohibitions
2
1
Subject to paragraph (2) below, no person shall carry out commercial operations with respect to any relevant animal or animal product.
2
Paragraph (1) above shall not be taken to prohibit the bringing into Great Britain from a member State of any relevant animal or animal product in free circulation in that member State.
Enforcement
3
1
It shall be the duty of each food authority and port health authority to enforce and execute this Order within its area or district, as appropriate.
2
Each port health authority or food authority, as appropriate, shall give such assistance and information to the Minister as he may request for the purpose of his duties under section 13 of the Act.
Application and modification of various provisions of the Act
4
1
Section 9 of the Act (inspection and seizure of suspected food) shall apply for the purposes of this Order, subject to the following modifications–
a
the references in subsections (1) and (2) to “food authority” shall be construed as including reference to a port health authority;
b
subsections (1) and (2) shall extend to food and food sources which appear to an authorised officer to come within the definition of “relevant animal or animal product”;
c
subsections (3) to (9) thereof shall apply–
i
to any food or food source falling within sub-paragraph (b) above as it applies to food which appears to an authorised officer to fail to comply with food safety requirements or to be likely to cause food poisoning or any disease communicable to human beings, and
ii
to any relevant animal or animal product as if it were food which failed to comply with food safety requirements
save that where a notice under subsection (3)(a)(i) is given in relation to a food source, the notice is to relate to food which may come to be derived from the food source, that subsection (6) thereof shall apply in relation to the destruction or disposal of a food source so as to prevent food which may come to be derived from it from being used for human consumption, and that a justice of the peace shall decline to condemn food or food sources falling within sub-paragraph (b) above under subsection (6) thereof if and only if it is proved to him that they do not comprise relevant animals or animal products.
2
The following provisions of the Act shall apply, subject to paragraph (3) below, for the purposes of this Order and any reference in those provisions to the Act shall be construed for the purposes of this Order as a reference to this Order —
a
section 33 (obstruction etc. of officers);
b
section 35(1) (punishment of offences) in so far as it relates to offences under section 33 as applied by sub-paragraph (a) above; and
c
section 44 (protection of officers acting in good faith).
3
In section 44 of the Act the references to “food authority” shall be construed as including reference to a port health authority.
Nick Brown
Minister of Agriculture, Fisheries and Food
4th June 1999


text:
1
This Order may be cited as the Financial Services Act 1986 (Exemption) Order 1999 and shall come into force on registration of the memorandum and articles of association of CDC Group plc in accordance with section 4 of the Commonwealth Development Corporation Act 1999 .
2
In the Financial Services Act 1986 (Miscellaneous Exemptions) Order 1995 for article 3 there shall be substituted the following —
3
CDC Group plc shall be an exempted person.
Jim Dowd
Gordon Brown
Two of the Lords Commissioners of Her Majesty’s Treasury
17th November 1999


text:
1
This Order may be cited as the Public Telecommunication System Designation (GTS Business Services (UK) Limited) Order 1999 and shall come into force on 7th December 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
28th October 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Social Security Contributions (Transfer of Functions, etc.) (Specification of Contracts) Order 1999 and shall come into force on 1st April 1999.
2
In this Order “ the Act ” means the Social Security Contributions (Transfer of Functions, etc.) Act 1999.
Application of section 22(5) of the Act in relation to specified contracts
2
Subsection (5) of section 22 of the Act (which makes special provision with respect to rights and liabilities under certain contracts) shall have effect in place of subsection (3) of that section in relation to the contracts which are specified in the Schedule to this Order, by reference–
a
in column (1) of that Schedule, to the person who (apart from the Secretary of State) is the party to the contract;
b
in column (2) of that Schedule, to the date on which the contract was entered into; and
c
in column (3) of that Schedule, to the subject-matter of the contract.
Signed by authority of the Secretary of State for Social Security.
Stephen C. Timms
Minister of State,
Department of Social Security
25th March 1999