text:
PART I
PRELIMINARY
Citation and commencement
1
These regulations may be cited as the Warehousekeepers and Owners of Warehoused Goods Regulations 1999 and shall come into force on 1st October 1999.
Interpretation
2
In these Regulations–
“ the Act ” means the Customs and Excise Management Act 1979;
“authorized warehousekeeper” has the meaning given in regulation 3 below;
“duty representative” has the meaning given in regulation 6 below;
“the initial period” means a period of seventy-two hours but, for the purpose of calculating seventy-two hours, hours comprised in any day that is a Saturday, Sunday, Christmas Day, Boxing Day, New Year’s Day, Good Friday or Easter Monday shall not be counted;
“occupier” means the occupier of an excise warehouse;
“operations” means operations that are permitted to be carried out on warehoused goods by or under warehousing regulations;
“registered owner” has the meaning given in regulation 5 below;
“relevant goods” means dutiable goods, other than hydrocarbon oil , on which excise duty has not been paid;
“relevant revenue trader” means any authorized warehousekeeper, registered owner, or duty representative.
PART II
APPROVAL AND REGISTRATION OF WAREHOUSEKEEPERS
Authorized warehousekeepers
3
1
For the purposes of sections 93(1) and 100G of the Act the Commissioners may approve occupiers of excise warehouses in accordance with the provisions of this Part of these regulations and register them as registered excise dealers and shippers in accordance with section 100G(2) of the Act.
2
An occupier who has been so approved and registered shall be known as an authorized warehousekeeper.
3
An authorized warehousekeeper may be approved and registered in respect of all the excise warehouses he occupies.
Revocation
4
If the Commissioners exercise their power to revoke their approval and registration of an occupier as an authorized warehousekeeper in accordance with section 100G(5) of the Act they shall also revoke his approval for the purposes of section 93(1) of the Act.
PART III
APPROVAL AND REGISTRATION OF OWNERS AND DUTY REPRESENTATIVES
Registered owners
5
1
For the purposes of section 100G of the Act, the Commissioners may approve revenue traders who wish to deposit relevant goods that they own in an excise warehouse and register them as registered excise dealers and shippers in accordance with section 100G(2) of the Act.
2
A revenue trader who has been so approved and registered shall be known as a registered owner.
Duty representatives
6
1
For the purposes of section 100G of the Act, and subject to paragraph (3) below, the Commissioners may approve revenue traders who wish to act as the agent of revenue traders who deposit relevant goods that they own in an excise warehouse and register them as registered excise dealers and shippers in accordance with section 100G(2) of the Act.
2
A revenue trader who has been so approved and registered shall be known as a duty representative.
3
The Commissioners shall not approve a revenue trader as a duty representative unless he–
a
has a business establishment or other fixed establishment in the United Kingdom, or
b
if he is an individual, has his usual place of residence in the United Kingdom.
PART IV
APPROVAL AND REGISTRATION : SUPPLEMENTARY PROVISIONS
Registration
7
1
The Commissioners shall furnish every relevant revenue trader with a certificate of registration.
2
When a person ceases to be a relevant revenue trader he shall immediately destroy his certificate of registration.
3
Every relevant revenue trader shall give notice in writing to the Commissioners of any change in the information contained in his certificate of registration within seven days of the change.
4
Where–
a
any relevant revenue trader gives the Commissioners notice in writing of any change in the information contained in his certificate of registration, or
b
without any such notice having been given it appears to the Commissioners that his certificate of registration requires correction,
they shall, unless they revoke his approval and registration in accordance with section 100G(5) of the Act, furnish him with a corrected certificate of registration.
5
Where in accordance with paragraph (4) above the Commissioners furnish any relevant revenue trader with a corrected certificate of registration he shall upon receiving that certificate destroy the original certificate that required correction.
Certificates of registration
8
Every certificate of registration shall contain the following particulars–
a
a unique reference number assigned to the relevant revenue trader by the Commissioners;
b
the name and (if different) the trading name of the relevant revenue trader;
c
the address of the relevant revenue trader’s principal, or only place of business (including any postcode)–
i
in the United Kingdom, or
ii
in the case of a registered owner, if he does not have any place of business in the United Kingdom, elsewhere;
d
any conditions or restrictions imposed by the Commissioners in the exercise of their discretion under section 100G(4) of the Act;
e
if the relevant revenue trader is an authorized warehousekeeper, the address of every excise warehouse to which his approval and registration applies.
PART V
WAREHOUSING
Holding dutiable goods
9
1
Dutiable goods shall not be deposited in an excise warehouse or kept in an excise warehouse unless the occupier of that warehouse–
a
is an authorized warehousekeeper, and
b
is permitted by the terms of his approval to hold dutiable goods of that class or description.
2
Relevant goods shall not be kept in an excise warehouse for more than the initial period beginning with their deposit in that warehouse unless the owner of those goods–
a
is not a revenue trader, or
b
is the authorized warehousekeeper, or
c
is a registered owner who resides or has a business establishment or other fixed establishment in the United Kingdom, or
d
has a duty representative acting as his agent in respect of those goods.
3
Relevant goods shall not be sold whilst they are being kept in an excise warehouse unless the seller, or if the seller has a duty representative that representative, gives notice of the sale to the authorized warehousekeeper.
Application of section 98 of the Act
10
If the Commissioners revoke their approval of an occupier as an authorized warehousekeeper for the purposes of section 93(1)(a) of the Act section 98(3) and (3A) of the Act shall apply as if–
a
in subsection (3), for the words “the warehouse ceases to be approved” there were substituted “the Commissioners notified the authorized warehousekeeper that they have revoked his approval”,
b
in both subsections, as if the word “former” (in every place at which it occurs) were omitted, and
c
in subsection (3A)(b) for the words “warehouse were still a warehouse” there were substituted “occupier were still approved”.
PART VI
PRIVILEGES
Privileges of an authorized warehousekeeper
11
1
Subject to regulation 14 below, an authorized warehousekeeper shall be afforded the following privileges in respect of dutiable goods.
2
An authorized warehousekeeper may–
a
receive dutiable goods at his excise warehouse and keep them there;
b
carry out operations on dutiable goods in his excise warehouse; and
c
remove dutiable goods from his excise warehouse.
3
An authorized warehousekeeper may exercise these privileges in relation to both dutiable goods that he owns and dutiable goods that are owned by others.
Privileges of a registered owner
12
1
Subject to regulation 14 below, a registered owner shall be afforded the following privileges in respect of relevant goods.
2
A registered owner may–
a
hold relevant goods that he owns in an excise warehouse; and
b
buy relevant goods that are held in an excise warehouse.
Privileges of a duty representative
13
1
Subject to regulation 14 below, a duty representative shall be afforded the following privileges as agent for the owner or buyer of relevant goods.
2
A duty representative may–
a
on behalf of his principal, arrange for relevant goods to be held in an excise warehouse; and
b
act as agent for the buyer of relevant goods that are held in an excise warehouse.
Exceptions
14
1
Regulation 11 above does not confer on any authorized warehousekeeper any privilege that would cause him to be in breach of–
a
any condition of approval that applies to his excise warehouse;
b
any condition or restriction imposed by or under warehousing regulations;
c
any condition or restriction imposed by or under registered excise dealers and shippers regulations;
d
any condition or restriction imposed under section 100G(4) of the Act; or
e
any condition or restriction imposed by or under Part VII of these regulations.
2
Regulations 12 and 13 above do not confer on any registered owner or duty representative any privilege that would cause the breach of–
a
any condition of approval that applies to the excise warehouse in which relevant goods are or will be held;
b
any condition or restriction imposed by or under warehousing regulations;
c
any condition or restriction imposed by or under registered excise dealers and shippers regulations;
d
any condition or restriction imposed under section 100G(4) of the Act; or
e
any condition or restriction imposed by or under Part VII of these regulations.
PART VII
CONDITIONS AND RESTRICTIONS
General conditions and restrictions
15
The approval and registration of relevant revenue traders shall, in addition to any conditions or restrictions imposed on them by the Commissioners under section 100G(4) of the Act, be subject to the conditions and restrictions imposed by or under this Part of these regulations.
Security
16
The Commissioners may require any relevant revenue trader to provide such security, or further security, as they may think appropriate for the payment of any excise duty that is or may become due from him.
Conditions and restrictions that apply to authorized warehousekeepers
17
1
The approval and registration of every authorized warehousekeeper shall be subject to the conditions and restrictions prescribed in a notice published by the Commissioners and not withdrawn by a further notice.
2
Subject to paragraph (3) below, if at the time when relevant goods are deposited in an excise warehouse either the owner of those goods is not a registered owner or the owner does not have a duty representative acting as his agent, an authorized warehousekeeper–
a
shall not keep those goods at his excise warehouse for longer than the initial period, and
b
shall not permit those goods to be entered for removal from his warehouse in accordance with regulation 16 of the Excise Warehousing (Etc.) Regulations 1988 for any purpose other than home use.
3
The restrictions imposed by paragraph (2) above shall not apply if–
a
the authorized warehousekeeper is the owner of the relevant goods, or
b
the relevant goods are owned by a person who is not a revenue trader, or
c
before the expiration of the initial period from the time when relevant goods are deposited in an excise warehouse–
i
the owner of those goods is registered as a registered owner, or
ii
the owner has a duty representative acting as his agent in respect of those goods.
Conditions and restrictions that apply to registered owners
18
1
The approval and registration of every registered owner shall be subject to the conditions and restrictions prescribed in a notice published by the Commissioners and not withdrawn by a further notice.
2
Every registered owner shall, before arranging for relevant goods to be deposited in an excise warehouse, provide the authorized warehousekeeper with a copy of his certificate of registration.
3
Every registered owner shall, before buying relevant goods that are in an excise warehouse, provide the authorized warehousekeeper with a copy of his certificate of registration.
4
Where in accordance with regulation 7(4) above the Commissioners have furnished a registered owner with a corrected certificate of registration that owner shall, within seven days of his receiving it, provide a copy of it to every authorized warehousekeeper in whose excise warehouse his goods are deposited.
5
Every registered owner whose registration is revoked shall immediately give written notice of that revocation to every authorized warehousekeeper in whose excise warehouse his goods are deposited.
Conditions and restrictions that apply to duty representatives
19
1
The approval and registration of every duty representative shall be subject to the conditions and restrictions prescribed in a notice published by the Commissioners and not withdrawn by a further notice.
2
Every duty representative shall, before arranging for relevant goods to be deposited in an excise warehouse, provide the authorized warehousekeeper with a copy of his certificate of registration.
3
Every duty representative shall, when acting for the buyer of relevant goods that are in an excise warehouse and before those goods are bought by his principal, provide the authorized warehousekeeper with a copy of his certificate of registration.
4
Where in accordance with regulation 7(4) above the Commissioners have furnished a duty representative with a corrected certificate of registration that representative shall, within seven days of his receiving it, provide a copy of it to every authorized warehousekeeper in whose excise warehouse his principal’s goods are deposited.
5
Every duty representative whose registration is revoked shall immediately give written notice of that revocation to every authorized warehousekeeper in whose excise warehouse his principal’s goods are deposited.
6
A duty representative shall not act as agent for the owner or buyer of relevant goods if his principal–
a
has any business establishment or other fixed establishment in the United Kingdom, or
b
if he is an individual, has his usual place of residence in the United Kingdom.
PART VIII
EXCISE DUTY POINTS AND FORFEITURE
Excise duty points – warehoused goods
20
1
If dutiable goods are deposited in an excise warehouse in contravention of regulation 9(1) above, the time that they were deposited shall be the excise duty point for those goods.
2
If dutiable goods are kept in an excise warehouse in contravention of regulation 9(1) above, the time when the occupier of that warehouse ceases to be an authorized warehousekeeper permitted by the terms of his approval to hold dutiable goods of that class or description shall be the excise duty point for those goods.
3
If relevant goods are kept in an excise warehouse in contravention of regulation 17(2)(a) above, or are entered for removal in contravention of regulation 17(2)(b) above, the time that they were deposited shall be the excise duty point for those goods.
4
The person liable to pay the duty at the excise duty point shall be the occupier of the excise warehouse in which the goods were deposited or kept.
5
If more than one person occupies the excise warehouse in which the goods were deposited or kept, all the occupiers shall be jointly and severally liable to pay the duty at the excise duty point.
6
Where relevant goods are kept in an excise warehouse in contravention of regulation 17(2)(a) above and in accordance with this regulation an authorized warehousekeeper is liable for the duty he shall be relieved from liability to pay that duty if, immediately following the excise duty point, he abandons those goods to the Commissioners.
7
Where relevant goods are abandoned to the Commissioners in accordance with paragraph (6) above the person liable to pay the duty at the excise duty point shall be the owner of those goods at that excise duty point.
Excise duty points – ownership of goods
21
1
Subject to paragraph (2) below, if at any time after relevant goods are deposited in an excise warehouse either–
a
those goods cease to be owned by a registered owner, or
b
there is no duty representative acting as the owner’s agent,
the time when those goods ceased to be owned by a registered owner or there ceased to be a duty representative acting as the owner’s agent shall be the excise duty point for those goods.
2
Paragraph (1) above shall not apply if–
a
the authorized warehousekeeper is the owner of the relevant goods, or
b
the relevant goods are owned by a person who is not a revenue trader.
3
The persons jointly and severally liable to pay the duty at the excise duty point shall be–
a
the authorized warehousekeeper for the excise warehouse in which the goods were kept,
b
the owner of the goods immediately before the excise duty point,
c
if different, the owner of the goods immediately after the excise duty point, and
d
the duty representative of the owner of the goods immediately before the excise duty point.
Forfeiture
22
1
If dutiable goods are deposited or kept in an excise warehouse in contravention of regulation 9(1) or (2) above those goods shall be liable to forfeiture.
2
If relevant goods are sold in contravention of regulation 9(3) above those goods shall be liable to forfeiture.
PART IX
CONSEQUENTIAL AMENDMENTS
Amendments to the Excise Goods (Holding, Movement, Warehousing and REDS ) Regulations 1992
23
1
The Excise Goods (Holding, Movement, Warehousing and REDS) Regulations 1992 shall be amended as follows.
2
In regulation 2(1), for the definitions of “authorised warehousekeeper” and “REDS”, there shall be substituted–
“authorised warehousekeeper” means the occupier of an excise warehouse or a person who is registered under section 41A of the Alcoholic Liquor Duties Act 1979 ;
and
“REDS” means a registered excise dealer and shipper approved and registered under section 100G of the Management Act except for a registered excise dealer and shipper on whom any privilege is conferred by the Warehousekeepers and Owners of Warehoused Goods Regulations 1999.
3
Regulation 4(2)(e) shall be omitted.
4
In regulation 8, paragraphs (2) and (3) shall be omitted.
D J Howard
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground LONDON SE1 9PJ
4th May 1999


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Southport & Ormskirk Hospital National Health Service Trust (Establishment) Order 1999 and shall come into force on 1st April 1999.
2
In this Order, unless the context otherwise requires–
“ the Act ” means the National Health Service and Community Care Act 1990;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Southport & Ormskirk Hospital National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Southport and Ormskirk Hospital National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1)(b) of the Act.
2
The trust’s functions shall be to provide and manage Southport & Formby District General Hospital, Town Lane, Kew, Southport, Merseyside PR8 6PN, Ormskirk & District General Hospital, Wigan Road, Ormskirk, Lancashire L39 2AZ and associated hospitals and establishments in the areas of the South Lancashire and Sefton Health Authorities, and there to provide and manage hospital accommodation and services.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1999.
2
The accounting date of the trust shall be 31st March.
Restriction on disposal of assets
6
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
19th March 1999


text:
Citation and commencement
1
These Regulations may be cited as the Telecommunications (Licence Modification) (Cable and Local Delivery Operator Licences) Regulations 1999 and shall come into force on 27th September 1999.
Interpretation
2
In these Regulations —
“the 1984 Act ” means the Telecommunications Act 1984 ;
“the former licences” means the relevant licences in the form they were in immediately before the coming into force of these Regulations;
“the CableTel Northern Ireland Limited licence” means the licence granted by the Secretary of State under section 7 of the 1984 Act to CableTel Northern Ireland Limited on 4 November 1996;
“the Comment Cablevision North East Partnership licence” means the licence granted by the Secretary of State under section 7 of the 1984 Act to the Comment Cablevision North East Partnership on 26 April 1991;
“the Coventry licence” means the licence granted by the Secretary of State under section 7 of the 1984 Act to Coventry Cable Limited on 21 April 1997;
“the modified licences” means the relevant licences as amended by these Regulations;
“the relevant licences” means the relevant cable licences and the relevant local delivery operator licences;
“the relevant cable licences” means the licences granted by the Secretary of State under section 7 of the 1984 Act to the persons specified in column 1 of Parts A and B of Schedule 1 hereto on the date specified against each person in column 2 thereof;
“the relevant local delivery operator licences” means the licences granted by the Secretary of State under section 7 of the 1984 Act to the persons specified in column 1 of Parts A and B of Schedule 2 hereto on the date specified against each person in column 2 thereof;
“the standard Schedules” means the Schedules to the Telecommunications (Licence Modification)(Standard Schedules) Regulations 1999 ; and
“the Windsor Television licence” means the licence granted by the Secretary of State under section 7 of the 1984 Act to Windsor Television Limited on 16 April 1991.
Modification of the relevant licences
3
The relevant licences are hereby modified as follows:
a
for the Table of Contents there shall be substituted the Table of Contents set out in Schedule 3 hereto, subject to the following amendment —
in the case of the Comment Cablevision North East Partnership licence, after Annex B in the Table of Contents there shall be added the words “ANNEX C DESCRIPTION OF THE PARTNERSHIP”;
b
in the case of the relevant cable licences —
i
in paragraphs 1 and 2, for the words “Applicable Cabled Systems” wherever they appear there shall be substituted the words “Applicable Systems”;
ii
in paragraph 2 of the relevant cable licences specified in Part A of Schedule 1 hereto other than the Comment Cablevision North East Partnership licence, for the words “Annex C” there shall be substituted the words “Annex B1”;
iii
in paragraph 2 of the Comment Cablevision North East Partnership licence, for the words “Annex D” there shall be substituted the words “Annex B1”;
iv
in paragraph 3, before the words “shall continue” there shall be inserted the words “without prejudice to Schedule 2 to this Licence”;
c
in the case of the relevant cable licences other than the Windsor Television Limited licence, after paragraph 3 there shall be added the following paragraphs —
Interpretation
4
The Interpretation Act 1978 shall apply for the purpose of interpreting this Licence as if it were an Act of Parliament. In this Licence, except as hereinafter provided or unless the context otherwise requires, words or expressions shall have the meaning assigned to them and otherwise any word or expression shall have the meaning it has in the Act. For the purposes of interpreting this Licence, headings and titles shall be disregarded.
5
In this Licence, ‘Licence’ means a licence granted or having effect as if granted under section 7 of the Act.
6
For the purposes of this Licence the “Applicable Systems” means any or all of the telecommunication systems run by the Licensee under this Licence, unless the context otherwise requires.
7
Where this Licence provides for any power of the Secretary of State or the Director to give any direction, notice or consent or make any specification, or of the Director to make any designation or determination, it implies, unless a contrary intention appears, a power, exercisable in the same manner and subject to the same conditions or limitations, to revoke, amend or give or make again any such direction, notice, consent, specification, designation or determination; and any reference however expressed to the Director making any determination or giving any direction or consent about any matter shall be construed as making such determination or giving such direction or consent after consultation with the Licensee and where appropriate with any other person who may have a relevant interest in the matter to which the determination, direction or consent relates.
8
Any notification which is required to be given under this Licence by the Secretary of State or the Director shall be satisfied by serving the document by post on the Licensee at the Licensee’s registered office.
;
d
in the case of the Windsor Television Limited licence, after paragraph 4 the paragraphs set out in sub-paragraph (c) above shall be added as paragraphs 5 to 9 respectively;
e
in the case of the relevant local delivery operator licences —
i
in paragraph 1 of the licences set out in Part A of Schedule 2 hereto, for the words “telecommunication systems of every description” there shall be substituted the words “the telecommunication systems specified in Annex A”;
ii
in paragraph 5 of the licences specified in sub-paragraph (e)(i) above other than the CableTel Northern Ireland Limited licence, for the words “Annex A” there shall be substituted the words “Annex B”; and
iii
for paragraph 7 there shall be substituted the following paragraph —
7
Where this Licence provides for any power of the Secretary of State or the Director to give any direction, notice or consent or make any specification, or of the Director to make any designation or determination, it implies, unless a contrary intention appears, a power, exercisable in the same manner and subject to the same conditions or limitations, to revoke, amend or give or make again any such direction, notice, consent, specification, designation or determination; and any reference however expressed to the Director making any determination or giving any direction or consent about any matter shall be construed as making such determination or giving such direction or consent after consultation with the Licensee and where appropriate with any other person who may have a relevant interest in the matter to which the determination, direction or consent relates.
;
f
for Schedule 1 there shall be substituted Schedule 1 of the standard Schedules, subject to the following amendments —
i
in the case of each relevant cable licence —
aa
condition 1 shall be replaced by condition 1 of that licence in the form it was in immediately before the coming into force of these Regulations, subject to the following amendments —
i
for paragraph 1 there shall be substituted the following paragraph —
1.1
a
If the Licensee provides Publicly Available Telephone Services, the Licensee shall comply with Condition 2 (Requirement to Provide Directory Services).
b
If the Licensee does not provide Publicly Available Telephone Services, the Licensee shall comply with Condition 3 (Requirement to Provide International Conveyance Services or International Directory Services).
c
The Licensee shall, except to the extent that the Director otherwise determines, install, keep installed and run the Applicable Systems in such a way as to secure that there are available by means of the Applicable Systems telecommunication services consisting in the conveyance of Messages comprising Entertainment Services to any person who reasonably requests the provision of such services at any place in the Licensed Area in respect of which such services have been established in accordance with the following provisions of this Condition, and the Licensee shall ensure that one or more Network Termination Points comprised in Network Termination and Testing Apparatus are installed, kept installed and run for these purposes on the premises occupied by every such person.
; and
bb
after paragraph 4 of condition 1 there shall be inserted the following paragraph —
1.5
In this Condition —
‘Entertainment Services’ means services provided under a licence granted, or having effect as if granted, in respect of the Licensed Area under Part II of the Broadcasting Act 1990;
;
ii
in the case of the relevant local delivery operator licences other than the Coventry Cable licence, after paragraph 2 of condition 1 there shall be inserted the following paragraphs —
1.3
The Licensee shall, except to the extent that the Director otherwise determines, install, keep installed and run the Applicable Systems in such a way as to secure that there are available by means of the Applicable Systems telecommunication services consisting in the conveyance of Messages comprising Entertainment Services to any person who reasonably requests the provision of such services at any place in the Licensed Area in respect of which such services have been established in accordance with the requirements of a licence granted, or having effect as if granted, to the Licensee or a member of the Licensee’s Group under Part II of the Broadcasting Act 1990, and the Licensee shall ensure that one or more Network Termination Points comprised in Network Termination and Testing Apparatus are installed, kept installed and run for these purposes on the premises occupied by every such person.
1.4
In this Condition —
‘Entertainment Services’ means services provided under a licence granted, or having effect as if granted, in respect of the Licensed Area under Part II of the Broadcasting Act 1990.
; and
iii
in the case of the Coventry Cable licence condition 1 shall be replaced by condition 1 of that licence in the form it was in immediately before the coming into force of these Regulations, subject to the following amendments —
aa
for paragraph 1 there shall be substituted the following —
1.1
a
If the Licensee provides Publicly Available Telephone Services, the Licensee shall comply with Condition 2 (Requirement to Provide Directory Services).
b
If the Licensee does not provide Publicly Available Telephone Services, the Licensee shall comply with Condition 3 (Requirement to Provide International Conveyance Services or International Directory Services).
c
The Licensee shall, except to the extent that the Director otherwise determines, install, keep installed and run the Applicable Systems in such a way as to secure that there are available by means of the Applicable Systems telecommunication services consisting in the conveyance of Messages comprising Entertainment Services to any person who reasonably requests the provision of such services at any place in the Licensed Area in respect of which such services have been established in accordance with the following provisions of this Condition, and the Licensee shall ensure that one or more Network Termination Points comprised in Network Termination and Testing Apparatus are installed, kept installed and run for these purposes on the premises occupied by every such person.
; and
bb
for paragraphs 5 and 6 there shall be substituted the following —
1.5
In this Condition —
‘Entertainment Services’ means services provided under a licence granted, or having effect as if granted, in respect of the Licensed Area under Part II of the Broadcasting Act 1990.
;
g
for Schedule 2 there shall be substituted Schedule 2 of the standard Schedules, subject to the following amendments —
i
in the case of the relevant licences other than those specified in Part B of Schedule 2 hereto, after sub-paragraph (j) of paragraph 1 there shall be inserted the following sub-paragraph —
k
if any licence granted, including a licence having effect as if granted, in respect of the Licensed Area under Part II of the Broadcasting Act 1990 is revoked.
; and
ii
in the case of the relevant licences specified in Part B of Schedule 2 hereto, after sub-paragraph (j) of paragraph 1 there shall be inserted the following sub-paragraph —
k
if any licence granted to the Licensee or a member of the Licensee’s Group, including a licence having effect as if granted, under Part II of the Broadcasting Act 1990 is revoked.
;
h
for Schedule 3 there shall be substituted Schedule 3 of the standard Schedules, subject to the following amendments —
i
in paragraph 2,
aa
after sub-paragraph (d) there shall be inserted the following sub-paragraph —
dd
any telecommunication system of the kind mentioned in section 6(2A) of the Act run by a broadcasting authority;
and
bb
in sub-paragraph (e) for the words “paragraphs 2(a) to 2(d)” there shall be substituted the words “paragraphs 2(a) to 2(dd)”; and
ii
in the case of the relevant local delivery operator licences specified in Part B of Schedule 2 hereto, after sub-paragraph (d) of paragraph 3 there shall be added the following —
Provided That the Licensee may not provide in any particular geographical area telecommunication services comprising the conveyance of Messages authorised above under the terms of this Licence and which originate or terminate in that geographical area for so long as the Licensee or a member of the Licensee’s Group holds an individual licence (other than this Licence) granted or to be granted under section 7 of the Act which authorises the provision of those particular services in that particular geographical area and which has not been revoked in accordance with the provisions of Schedule 2 to that licence, except where that licence has been revoked with the agreement of the licensee thereunder.
;
i
for Schedule 4 there shall be substituted Schedule 4 of the standard Schedules;
j
in each of the relevant cable licences, for Annex A there shall be substituted Annex A as set out in Schedule 4 hereto;
k
in each of the relevant cable licences specified in Part A of Schedule 1 hereto Annex B shall be deleted;
l
in each of the relevant local delivery operator licences other than those specified in Part B of Schedule 2 hereto Annex A shall be renumbered Annex B and there shall be inserted Annex A as set out in Schedule 4 hereto; and
m
in each of the relevant local delivery operator licences specified in Part B of Schedule 2 hereto, for Annex A there shall be substituted Annex A as set out in Schedule 4 hereto, save that in paragraph 1 thereof after the words “United Kingdom” there shall be inserted the words “but only in so far as they are used to convey services whose provision is authorised under paragraph 3 of Schedule 3 to this Licence and”.
Transitional provisions
4
1
So far as anything done or treated as done under or for the purposes of any provision of the former licences could have been done under or for the purposes of the corresponding provision of the modified licences, it shall have effect as if done under or for the purposes of the corresponding provision; and any direction, notice, consent, specification, designation or determination or other decision made or having effect under any provision of the former licences shall be treated for all purposes as made and having effect under the corresponding provision.
2
Where any period of time specified in a provision of the former licences is current immediately before the coming into force of these Regulations, the corresponding provision of the modified licences shall have effect as if that period of time —
a
ran from the date or event from which it was running immediately before the coming into force of these Regulations, and
b
expired whenever it would have expired if the former licences had not been modified;
and any rights, liabilities, obligations or requirements dependent on the beginning, duration or end of such a period as mentioned above shall be under the modified licences as they were or would have been under the former licences.
Patricia Hewitt,
Minister of State for Small Business and E Commerce,
Department of Trade and Industry
3rd September 1999


text:
Citation and commencement
1
This Order may be cited as the Northern Ireland (Emergency Provisions) Act 1996 (Code of Practice) Order 1999 and shall come into force on 24th May 1999.
Code of Practice
2
The code of practice laid in draft before Parliament on 23rd February 1999 in connection with the audio recording of interviews held by police officers of persons detained under section 14(1)(a) or (b) of the Prevention of Terrorism (Temporary Provisions) Act 1989 and interviews held by police officers in such other circumstances as may be specified in an order under section 53A(1)(b) of the 1996 Act shall come into operation on 24th May 1999.
Marjorie Mowlam
One of Her Majesty’s Principal Secretaries of State
Northern Ireland Office
11th April 1999


text:
Citation and commencement
1
These Regulations may be cited as the Local Authorities (Capital Finance and Approved Investments) (Amendment) Regulations 1999, and shall come into force on 23rd July 1999.
Amendment of Regulations
2
The Local Authorities (Capital Finance) Regulations 1997 shall be amended in accordance with regulations 3 to 8 of these Regulations.
Building works
3
In regulation 3, in paragraph (b), for the words from “who is a disabled person” to the end substitute “who is, or is taken to be, disabled for the purposes of Part I of the Housing Grants, Construction and Regeneration Act 1996 , or”.
Meaning of private finance transaction
4
In regulation 16(2)–
a
for sub-paragraph (b) substitute the following–
b
the authority do not give to any other person any indemnity or guarantee in respect of any liabilities of the person with whom they enter into the transaction (whether those liabilities are incurred in respect of the transaction or otherwise);
;
b
in sub-paragraph (d), for the words “provisions relating to” substitute “factors which in every case include” and after that sub-paragraph insert the word “and”; and
c
omit sub-paragraphs (f) and (g).
Lease of land for non-housing purposes
5
In regulation 31, in sub-paragraph (a) of paragraph (2) omit “a freehold or”, and after that sub-paragraph insert the following sub-paragraph–
aa
the authority have not at any time after 31st March 1989 had a freehold interest in the whole or any part of the demised land; and
.
Lease re-acquired by a local authority
6
After regulation 32 insert the following regulation–
Lease re-acquired by a local authority
32A
The initial cost of a lease of land shall be nil where–
a
the authority become the lessees upon an assignment of the lease to them;
b
the unexpired portion of the term of the lease does not exceed ten years;
c
the authority ceased to be the lessees under the lease upon making an earlier assignment of the lease; and
d
the lease was originally granted or assigned to the authority before 1st April 1989.
.
Disposal of recently acquired interests in land
7
In regulation 96, in sub-paragraph (a) of paragraph (3), for the words “the interest disposed of” substitute “the freehold interest or a leasehold interest in the land”.
Disposal of land in exchange for nomination rights
8
In regulation 109, in paragraph (2), for “area of” substitute “interest in”, and for sub-paragraphs (a) and (b) substitute the following sub-paragraphs–
a
the grant of a right to nominate a person either to occupy any dwelling or to acquire the freehold of, or a leasehold interest in, any dwelling; or
b
an undertaking to allow only a person of a particular description to occupy any dwelling or acquire the freehold of, or a leasehold interest in, any dwelling.
.
Approved Investments
9
The Local Authorities (Capital Finance) (Approved Investments) Regulations 1990 shall be amended–
a
by the insertion of the following definition after the definition of “relevant lender” in paragraph (2) of regulation 1–
“successor”, in relation to a building society, has the same meaning as in section 97 of the Building Societies Act 1986 ;
and
b
by the insertion of the following paragraph after paragraph (c) of regulation 2–
cc
shares in a successor of a building society which have been acquired by a local authority by virtue of rights conferred on the members of the society in consideration of a transfer of the business of the society to the successor under section 97 of the Building Societies Act 1986;
.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
23rd June 1999
Signed by authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under-Secretary of State, Welsh Office
25th June 1999


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Post 16 Partnership Grant) (England) Regulations 1999 and shall come into force on 1st April 1999.
2
These regulations apply in relation to relevant persons (as defined in regulation 2) in England and for the purpose of this regulation a person (other than a local education authority or the governing body of an institution within the further education sector) is “in England” if the person carries on any activities in England.
Interpretation
2
In these Regulations–
“approved expenditure” means expenditure which is approved under regulation 3;
“relevant person” means any person (including a local education authority and the governing body of an institution within the further education sector) except–
the governing body of a school maintained by a local education authority; or
(until 1st September 1999) the governing body of a grant-maintained or grant-maintained special school.
Payment of grant
3
1
Subject to paragraph (2), the Secretary of State may pay grant to a relevant person in respect of expenditure incurred for or in connection with measures designed to promote partnership or co-operation in the provision of education for persons over compulsory school age between the relevant person and any other person or body concerned with the provision of such education.
2
The Secretary of State may only pay grant under this regulation to the extent to which the expenditure in respect of which the grant is to be paid, incurred in any financial year, is approved for that financial year for the purpose of these Regulations.
Rate of grant
4
Grant shall be payable at the rate of 100 per cent of approved expenditure.
Payment of grant
5
Payments of grant under these Regulations shall be made at such times and in such instalments as the Secretary of State thinks appropriate.
Conditions of payment
6
The making of payments of grant under these Regulations shall be dependent upon the fulfilment of such conditions as may be specified by the Secretary of State.
Requirements to be observed
7
1
A relevant person to whom grant is paid under these Regulations shall comply with such requirements as may be determined by the Secretary of State in the case in question.
2
Without prejudice to the generality of paragraph (1), requirements determined under this regulation may include requirements as to–
a
the repayment of grant;
b
the payment to the Secretary of State of other sums related to the value of assets acquired, provided or improved with the aid of grant;
c
the payment of interest on sums due to the Secretary of State; or
d
the keeping of such records and accounts, and the provision to the Secretary of State of such information, documents, returns and accounts as the Secretary of State may from time to time require.
3
The Secretary of State may determine to withdraw a requirement imposed under this regulation or, after consulting the person upon whom it is imposed, vary such a requirement.
Tessa Blackstone
Minister of State,
Department for Education and Employment
8th March 1999


text:
1
These Regulations may be cited as the Assured and Protected Tenancies (Lettings to Students) (Amendment) (No. 2) (England) Regulations 1999 and shall come into force on 1st September 1999.
2
Schedule 2 to the Assured and Protected Tenancies (Lettings to Students) Regulations 1998 shall be amended in relation to England by the insertion at the appropriate place of “Willowbrook Properties Ltd”.
Malcolm Wicks
Parliamentary Under Secretary of State,
Department for Education and Employment
5th August 1999


text:
1
These Regulations may be cited as the Value Added Tax Regulations 1999 and shall come into force on 1st December 1999.
2
The Value Added Tax Regulations 1995 shall be amended in accordance with regulations 3 and 4 below.
3
In regulation 165 in the definition of “payment” the words “to the claimant” where they first appear shall be omitted.
4
After regulation 171(4) there shall be inserted —
5
For the purposes of this regulation a reference to payment shall not include a reference to a payment received by a person to whom a right to receive it has been assigned.
.
5
Section 15(4) of the Finance Act 1999 shall cease to have effect on 1st December 1999.
Martin Brown
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
8th November 1999


text:
Title, commencement and interpretation
1
1
These Regulations may be cited as the Sweeteners in Food (Amendment) Regulations 1999 and shall come into force on 22nd April 1999.
2
In these Regulations “the principal Regulations ” means the Sweeteners in Food Regulations 1995 .
Amendment of the principal Regulations
2
The principal Regulations shall be amended by the addition, at the end of the definition of “Directive 95/31/ EC ” in regulation 2(1), of the words “as amended by Directive 98/66/EC ”.
Consequential provision
3
1
References to the principal Regulations in the provisions listed in paragraph (2) below shall be taken to be references to the principal Regulations as amended up to and including the amendment effected by these Regulations.
2
The provisions to which paragraph (1) above refers are–
a
the definition of “permitted sweetener” in regulation 2(1) (interpretation) of each of–
i
the Jam and Similar Products Regulations 1981 , and
ii
the Jam and Similar Products (Scotland) Regulations 1981 ;
b
the definition of “additive” in regulation 2(1) (interpretation) of each of–
i
the Meat Products and Spreadable Fish Products Regulations 1984 , and
ii
the Meat Products and Spreadable Fish Products (Scotland) Regulations 1984 ;
c
the definition of “sweetener” in Part II of Schedule 1 (categories of food additives) to the Food Additives Labelling Regulations 1992 ;
d
the definition of “sweetener” in regulation 2(1) (interpretation) of the Miscellaneous Food Additives Regulations 1995 ; and
e
in the Food Labelling Regulations 1996 –
i
paragraph (1) of regulation 34 (foods containing sweeteners, added sugar and sweeteners, aspartame or polyols); and
ii
in Schedule 8 (misleading descriptions) Part 1 (general), the condition in column 2 opposite the description “ice cream” in column 1.
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
23rd March 1999
Signed by the authority of the Secretary of State for Health
Tessa Jowell
Minister of State for Public Health,
Department of Health
22nd March 1999
Signed by the authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under Secretary of State, Welsh Office
23rd March 1999
Sam Galbraith
Parliamentary Under Secretary of State, Scottish Office
24th March 1999


text:
Commencement and citation
1
This Order may be cited as The A205 Trunk Road (Lewisham) Red Route Traffic Order 1999, and shall come into force on 1st February 1999.
Interpretation
2
In this Order–
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route” means the lengths of road specified in column (2) of the table in schedule 1;
f
“vehicle” includes part of a vehicle;
g
an entry in column (3) , (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule;
h
“bus” has the meaning given by regulation 22(2) of the Traffic Signs Regulations and General Directions 1994 ;
i
“bus stop” means an area bounded by a traffic sign shown in diagram 1025.1 or 1025.3 in schedule 6 of the Traffic Signs Regulations and General Directions 1994 which includes the words “bus stop”;
j
“bus stand” means an area bounded by a traffic sign shown in diagram 1025.1 or 1025.3 in schedule 6 of the Traffic Signs Regulations and General Directions 1994 which includes the words “bus stand”;
k
“London Regional Transport” has the meaning given by the London Regional Transport Act 1984 ; and
l
“pedal cycle” has the same meaning as in regulation 4 of the Traffic Signs Regulations and General Directions 1994.
General prohibition of stopping
3
1
Subject to the provisions of paragraphs (2) and (3) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop in the trunk road red route during the restricted hours.
2
Subject to the provisions of paragraph (3) of this article, and of articles 5(1), 8 and 9, no person shall cause any vehicle to stop at any time in any lengths of the trunk road red route specified in schedule 4.
3
The controls specified in paragraphs (1) and (2) of this article do not apply in respect of any area of the trunk road red route specified in schedule 2A.
4
In this article “the restricted hours” means, in relation to a length of the trunk road red route specified in an item in column (2) of the table in schedule 1, the hours specified in that item in column (3) of that table.
Exemptions for parking
4
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
Miscellaneous exemptions for parking
5
1
Licensed taxi cabs: The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to be parked at the edge of the carriageway on a length of road specified in schedule 2D.
2
Buses: The controls specified in article 3(1) do not apply in respect of a person causing a bus to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2E during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
3
Doctors' vehicles: The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2F during the hours specified in column (3) in that item, provided that–
a
there is displayed in the windscreen of the vehicle a badge issued by, or with the authority of, the Traffic Director for London to a medical practitioner, and which specifies–
i
the name of the person to whom it was issued, and
ii
the premises in relation to which it applies; and
b
the vehicle was parked by, or with the permission of, the person whose name is specified on the badge and for so long only as the person who parked the vehicle is engaged in work at the premises specified on the badge.
4
Solo motor bicycles: The controls specified in article 3(1) do not apply in respect of a person causing a motor bicycle without a side-car to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2G during the hours specified in column (3) in that item.
Exemptions for loading and unloading
6
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which is being loaded or unloaded to stop at the edge of the carriageway on a length of road specified in an item in column (2) of the tables in schedules 3A and 3B during the hours specified in column (3) in that item for as long as is needed to load or unload the vehicle or 20 minutes, whichever is the less, provided that not less than 20 minutes has elapsed since the vehicle was last parked on any part of the same length of road.
Exemptions for disabled persons
7
1
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item.
2
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2C during the hours specified in column (3) in that item.
3
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position, and a parking disc on which is shown the time at which the period of parking began, to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item, for a period of up to 3 hours not being a period separated by an interval of less than 1 hour from a previous period when that vehicle was parked in that length of road.
Exemptions at bus stops and stands
8
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing:
a
a bus to stop at a bus stop for as long as may be required to enable passengers to board or alight; or
b
a bus to stop at a bus stop or a bus stand and being used for operational reasons in the course of providing a London bus service (as defined in section 34 of the Transport Act 1985) under an agreement with London Regional Transport or training drivers to allow such a service to be provided.
2
In this article “operational reasons” means:
i
to enable passengers to board and alight;
ii
to enable crew changes to take place;
iii
to maintain the scheduled timetable subject, in the case of a bus stop, to a maximum wait of two minutes.
Other exemptions
9
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to stop if that person is–
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) and (2) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) and (2) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
4
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a pedal cycle to be parked at a facility specifically provided for the purpose of pedal cycle parking by, or with the consent of, the highway authority.
Revocation or variation of existing Orders
10
1
Subject to paragraph (2) of this article, The Lewisham (Waiting and Loading Restriction) Consolidation Order 1990 and The A205 Trunk Road (Lewisham) Red Route Experimental Traffic Order 1997 are hereby revoked.
2
The revocation specified in paragraph (1) of this article shall take effect in respect of any provision contained in the Lewisham (Waiting and Loading Restriction) Consolidation Order 1990 only from the time at which the traffic sign indicating the effect of that provision has been obliterated.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
18th January 1999


text:
Citation, commencement and extent
1
1
This Order may be cited as the Administration of the Rent Officer Service (England) Order 1999 and shall come into force on 1st October 1999.
2
This Order extends to England only.
Abolition of schemes under section 63 in England
2
1
The areas specified in this Order for the purposes of section 64B of the Rent Act 1977 are all the registration areas in England (“the specified areas”).
2
No scheme under section 63 of the Rent Act 1977 shall be made for any of the specified areas.
3
Subject to article 8, any scheme made under section 63, in relation to any of the specified areas, which was in existence immediately before 1st October 1999, shall cease to have effect on that date.
Appointment etc. of rent officers in England
3
1
The Secretary of State shall appoint such number of rent officers for the specified areas as he considers necessary.
2
The Secretary of State may–
a
appoint rent officers for fixed periods; and
b
suspend or dismiss rent officers.
Remuneration, pensions, allowances and gratuities
4
1
The Secretary of State shall remunerate rent officers and shall determine the amounts of rent officers' remuneration having regard to any representations from such persons as he accepts as being representative of rent officers.
2
Pensions, allowances and gratuities shall be paid to or in respect of rent officers in accordance with section 1 of the Superannuation Act 1972 or a scheme made under that section, or regulations made under section 7 or 24 of that Act.
Administration of rent officers
5
1
The Secretary of State shall–
a
provide office accommodation and clerical and other assistance for rent officers;
b
allocate work as between rent officers; and
c
supervise the conduct of rent officers.
2
Rent officers shall discharge such of the Secretary of State’s functions under paragraph (1) as the Secretary of State may direct either generally or as respects particular rent officers.
3
The Secretary of State may direct a rent officer to carry out the functions of a rent officer within such registration area as the Secretary of State may specify.
4
A local authority may, by arrangement with the Secretary of State (which may include terms as to payment) and in connection with his functions under this Order —
a
provide goods or materials, or administrative, professional or technical services to the Secretary of State;
b
allow the Secretary of State to use any vehicle, plant or apparatus belonging to the local authority and, without prejudice to sub-paragraph (a) above, place at his disposal any person employed in connection with the vehicle or other property in question; or
c
carry out works of maintenance (including minor renewals, minor improvements and minor extensions) in connection with land or buildings for the maintenance of which the Secretary of State is responsible.
5
Nothing in paragraph (4)(a) and (b) above authorises a local authority to construct any buildings or works.
Expenditure
6
1
Any expenditure which is of a kind mentioned in paragraph (2) shall be met by the Secretary of State by grant, reimbursement or otherwise.
2
Expenditure mentioned in paragraph (1) is any expenditure–
a
attributable to this Order, or
b
incurred in respect of pensions, allowances or gratuities payable to or in respect of rent officers (appointed in pursuance of a scheme made under section 63 of the Rent Act 1977 or under this Order) by virtue of section 1 of the Superannuation Act 1972 or regulations made under section 7 or 24 of that Act, or
c
incurred in respect of increases of pensions payable to or in respect of rent officers (so appointed) by virtue of the Pensions (Increase) Act 1971 .
Amendments to the Rent Act 1977
7
In the Rent Act 1977–
a
for subsection (4) of section 63, there shall be substituted the following subsection–
4
In this Part “the rent officer” means–
a
in relation to any area not specified in an order made under section 64B of this Act, any rent officer appointed for the area who is authorised to act in accordance with a scheme under this section;
b
in relation to any area or areas so specified, any rent officer appointed by the Secretary of State.
;
b
for subsection (1) of section 66, there shall be substituted the following subsections–
1
For each registration area, a register for the purposes of this Part of this Act shall be prepared and kept up to date by the rent officer.
1A
The rent officer shall make the register available for inspection in such place or places and in such manner–
a
if the area is not specified in an order made under section 64B of this Act, as may be provided by the scheme made for the area under section 63 of this Act;
b
if the area is so specified, as the Secretary of State may direct.
.
Transitional, incidental and supplementary provisions
8
1
Anyone who was a rent officer immediately before 1st October 1999, appointed in pursuance of a scheme made under section 63 of the Rent Act 1977, shall continue to be a rent officer.
2
Subject to paragraphs (3) to (5) below, anything which before 1st October 1999 was being done by, to or in relation to a rent officer to whom paragraph (1) applies, may be continued after that date by, to or in relation to him.
3
Subject to paragraph (4), where the appointment of a rent officer to whom paragraph (1) applies was made subject to rights, liabilities, powers or duties, any of those rights, liabilities, powers and duties which existed immediately before 1st October 1999 shall continue to exist.
4
Subject to paragraph (5), all of the proper officer’s and local authority’s rights, liabilities, powers and duties, to which the appointment of a rent officer referred to in paragraph (3) was subject, shall be transferred to the Secretary of State and shall be subject to any modifications necessary to enable them to apply in relation to the Secretary of State instead of the proper officer or, as the case may be, the local authority.
5
Paragraph (4) shall not transfer or otherwise affect–
a
the liabilities of any person to be prosecuted for, convicted of and sentenced for any offence; or
b
the liabilities of any person to pay compensation to or in respect of a rent officer arising from anything done or a failure to do anything before 1st October 1999.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Chris Mullen
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
2nd September 1999


text:
1
This Order may be cited as the Value Added Tax (Finance) Order 1999, and shall come into force on 10th March 1999 in respect of supplies made on or after that date.
2
Group 5 of Schedule 9 to the Value Added Tax Act 1994 shall be varied in accordance with articles 3 to 7 below.
3
For item 5 there shall be substituted —
5
The provision of intermediary services in relation to any transaction comprised in item 1, 2, 3, 4 or 6 (whether or not any such transaction is finally concluded) by a person acting in an intermediary capacity.
5A
The underwriting of an issue within item 1 or any transaction within item 6.
.
4
Item 7 shall be omitted.
5
After Note (1) there shall be inserted —
1A
Item 1 does not include a supply of services which is preparatory to the carrying out of a transaction falling within that item.
.
6
After Note (2) there shall be inserted —
2A
This Group does not include a supply of services comprising the management of credit, other than such a supply made by the person granting the credit.
2B
For the purposes of this Group a person makes “a supply of services comprising the management of credit” if he performs any one or more of the following in relation to a credit, a credit card, a chargecard or a similar payment card, operation —
a
credit checking;
b
valuation;
c
authorisation services;
d
taking decisions relating to a grant or an application for a grant of credit;
e
creating and maintaining records relating to a grant or an application for a grant of credit on behalf of the credit provider; and
f
monitoring a creditor’s payment record or dealing with overdue payments.
.
7
For Note (5) there shall be substituted —
5
For the purposes of item 5 “intermediary services” consist of bringing together, with a view to the provision of financial services —
a
persons who are or may be seeking to receive financial services, and
b
persons who provide financial services,
together with (in the case of financial services falling within item 1, 2, 3 or 4) the performance of work preparatory to the conclusion of contracts for the provision of those financial services, but do not include the supply of any market research, product design, advertising, promotional or similar services or the collection, collation and provision of information in connection with such activities.
5A
For the purposes of item 5 a person is “acting in an intermediary capacity” wherever he is acting as an intermediary, or one of the intermediaries, between —
a
a person who provides financial services, and
b
a person who is or may be seeking to receive financial services,
unless the financial service in question is the grant of credit and he is also making supplies of services comprising the management of credit to the grantor, or prospective grantor, of the credit.
5B
For the purposes of notes 5 and 5A “financial services” means the carrying out of any transaction falling within item 1, 2, 3, 4 or 6.
.
David Jamieson
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
9th March 1999


text:
1
This Order may be cited as the Education (Al-Furqan Primary School, Tyseley) (Exemption from Pay and Conditions) Order 1999 and shall come into force on 1st June 1999.
2
With effect from 1st June 1999, subsections (6) and (7) of section 2 of the Act shall not apply to the statutory conditions of employment of the school teachers in Al-Furqan Primary School, Tyseley, Birmingham.
Estelle Morris
Minister of State,
Department for Education and Employment
9th May 1999


text:
1
This Order may be cited as the Public Telecommunication System Designation (BSI ACCESS 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:
Commencement and citation
1
This Order may be cited as The A205 Trunk Road (Southwark) Red Route Traffic Order 1999, and shall come into force on 5th July 1999.
Interpretation
2
In this Order–
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route” means the lengths of road specified in column (2) of the table in schedule 1;
f
“vehicle” includes part of a vehicle;
g
an entry in column (3) , (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule;
h
“bus” has the meaning given by regulation 22(2) of the Traffic Signs Regulations and General Directions 1994 .
i
“bus stop” means an area bounded by a traffic sign shown in diagram 1025.1 or 1025.3 in schedule 6 of the Traffic Signs Regulations and General Directions 1994 which includes the words “bus stop”; and
j
“bus stand” means an area bounded by a traffic sign shown in diagram 1025.1 or 1025.3 in schedule 6 of the Traffic Signs Regulations and General Directions 1994 which includes the words “bus stand”.
k
“London Regional Transport” has the meaning given by the London Regional Transport Act 1984 .
l
“pedal cycle” has the same meaning as in regulation 4 of the Traffic Signs Regulations and General Directions 1994.
General prohibition of stopping
3
1
Subject to the provisions of paragraphs (2) and (3) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop in the trunk road red route during the restricted hours.
2
Subject to the provisions of paragraph (3) of this article, and of articles 5(1), 8 and 9, no person shall cause any vehicle to stop at any time in any lengths of the trunk road red route specified in schedule 4.
3
The controls specified in paragraphs (1) and (2) of this article do not apply in respect of any area of the trunk road red route specified in schedule 2A.
4
In this article “the restricted hours” means, in relation to a length of the trunk road red route specified in an item in column (2) of the table in schedule 1, the hours specified in that item in column (3) of that table.
Exemptions for parking
4
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
Miscellaneous exemptions for parking
5
1
Licensed taxi cabs: The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to be parked at the edge of the carriageway on a length of road specified in schedule 2D.
2
Buses: The controls specified in article 3(1) do not apply in respect of a person causing a bus to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2E during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
3
Doctors' vehicles: The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2F during the hours specified in column (3) in that item, provided that–
a
there is displayed in the windscreen of the vehicle a badge issued by, or with the authority of, the Traffic Director for London to a medical practitioner, and which specifies–
i
the name of the person to whom it was issued, and
ii
the premises in relation to which it applies; and
b
the vehicle was parked by, or with the permission of, the person whose name is specified on the badge and for so long only as the person who parked the vehicle is engaged in work at the premises specified on the badge.
4
Solo motor bicycles: The controls specified in article 3(1) do not apply in respect of a person causing a motor bicycle without a side-car to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2G during the hours specified in column (3) in that item.
Exemptions for loading and unloading
6
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which is being loaded or unloaded to stop at the edge of the carriageway on a length of road specified in an item in column (2) of the tables in schedules 3A and 3B during the hours specified in column (3) in that item for as long as is needed to load or unload the vehicle or 20 minutes, whichever is the less, provided that not less than 20 minutes has elapsed since the vehicle was last parked on any part of the same length of road.
Exemptions for disabled persons
7
1
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item.
2
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2C during the hours specified in column (3) in that item.
3
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position, and a parking disc on which is shown the time at which the period of parking began, to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item, for a period of up to 3 hours not being a period separated by an interval of less than 1 hour from a previous period when that vehicle was parked in that length of road.
Exemptions at bus stops and stands
8
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing:
a
a bus to stop at a bus stop for as long as may be required to enable passengers to board or alight; or
b
a bus to stop at a bus stop or a bus stand and being used for operational reasons in the course of providing a London bus service (as defined in section 34 of the Transport Act 1985 ) under an agreement with London Regional Transport or training drivers to allow such a service to be provided.
2
In this article “operational reasons” means:
i
to enable passengers to board and alight;
ii
to enable crew changes to take place;
iii
to maintain the scheduled timetable subject, in the case of a bus stop, to a maximum wait of two minutes.
Other exemptions
9
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to stop if that person is–
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) and (2) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) and (2) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
4
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a pedal cycle to be parked at a facility specifically provided for the purpose of pedal cycle parking by, or with the consent of, the highway authority.
Revocation or variation of existing Orders
10
The Southwark (Waiting and Loading Restriction) Order 1976, and The A205 Trunk Road (Southwark) Red Route Experimental Traffic Order 1997 are hereby revoked, in so far as their provisions relate to any part of the trunk road red route.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
24th June 1999


text:
1
1
This Order may be cited as the European Parliamentary Elections Act 1999 (Commencement) Order 1999.
2
In this Order “ the Act ” means the European Parliamentary Elections Act 1999.
2
1
Subject to paragraphs (2) and (3), sections 1 to 4 (together with Schedules 1 to 4) of the Act shall come into force on 1st May 1999.
2
So much of section 1 of, and Schedule 2 to, the Act as confers any power to make subordinate legislation shall come into force on 16th March 1999.
3
For the purposes only of determining the area which a Member of the European Parliament which is in existence when sections 1 to 4 (together with Schedules 1 to 4) of the Act come into force represents, those provisions shall not have effect until the first sitting of the European Parliament which replaces that Parliament.
George Howarth
Parliamentary Under-Secretary of State
Home Office
10th March 1999


text:
1
This Order may be cited as the A638 Trunk Road (North of Doncaster, Redhouse to County Boundary) (Detrunking) Order 1999 and shall come into force on 1st July 1999.
2
In this Order–
i
“the plan” means the plan numbered “HA10/YHNMD/8” and marked “The A638 Trunk Road (North of Doncaster, Redhouse to County Boundary) (Detrunking) Order 1999, signed by authority of the Secretary of State for the Environment, Transport and the Regions and deposited at the Department of the Environment, Transport and the Regions, Great Minster House, 76 Marsham Street, London SW1;”
ii
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State;
iii
“the trunk road” means the A638 Trunk Road.
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road from the date on which this Order comes into force.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Derek Oddy
Divisional Director, The Highways Agency
26th May 1999


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Potato Industry Development Council (Amendment) Order 1999 and shall come into force on 1st July 1999.
2
In this Order “the principal Order ” means the Potato Industry Development Council Order 1997 .
Amendment of the principal Order
2
The principal Order shall be amended in accordance with articles 3 to 8 of this Order.
3
In article 2 (interpretation), in paragraph (1)–
a
immediately after the definition of “the Act” there shall be inserted the following definition–
“catering establishment” means a restaurant, canteen, club, public house, school, hospital or similar establishment (including a vehicle or a fixed or mobile stall) where, in the course of a business, food is prepared for delivery to the ultimate consumer and is ready for consumption without further preparation;
;
b
the definition of “first point of sale” shall be deleted;
c
immediately after the definition of “the Ministers” there shall be inserted the following definition–
“point of sale” means the point at which a person carrying on business in the industry takes delivery of potatoes, with or without the exchange of monies, either as a first purchaser or as a subsequent purchaser;
;
d
for the definition of “processing” there shall be substituted the following definition–
“processing”, in relation to raw potatoes, means an operation carried out upon raw potatoes which includes peeling, slicing, heating, pasteurising, canning, freezing, drying, or any other similar operation which alters the raw potatoes, and “processed” and “processes” shall be construed accordingly;
;
e
immediately after the definition of “producers' co-operative” there shall be inserted the following definition–
“subsequent purchaser” means a person, not being a first purchaser, who would be a first purchaser of raw potatoes if the words “where those potatoes have not previously been sold or delivered to an agent” were omitted from the definition of “first purchaser”, but does not include–
a catering establishment, or
a retail seller of potatoes;
.
4
In article 6 (register of producers and first purchasers)–
a
in paragraph (2), immediately after the words “first purchasers” there shall be inserted the words “and subsequent purchasers”;
b
in paragraph (3), immediately after the word “Order” there shall be inserted the following words–
or who is a subsequent purchaser at the time of coming into force of the Potato Industry Development Council (Amendment) Order 1999 ;
;
c
in paragraph (5), immediately after the words “first purchaser” there shall be inserted the words “or subsequent purchaser”.
5
In article 7 (registration of producers and first purchasers)–
a
in paragraph (1), immediately after the words “comes into force” there shall be inserted the following words–
, or as a subsequent purchaser at the time at which the Potato Industry Development Council (Amendment) Order 1999 comes into force,
;
b
in paragraph (2), immediately after the words “comes into force” there shall be inserted the following words–
, or as a subsequent purchaser after the Potato Industry Development Council (Amendment) Order 1999 comes into force,
;
c
in both paragraphs (3) and (4), immediately after the words “first purchaser” there shall be inserted the words “or subsequent purchaser”.
6
In article 8 (returns and information)–
a
in paragraph (2), immediately after the words “first purchaser” there shall be inserted the words “and each subsequent purchaser”;
b
in paragraph (4)–
i
in sub-paragraph (e), for the word “shall”, and
ii
in sub-paragraph (f)(ii), for the word “will”,
there shall be substituted the words “may, if the Council so decides,”;
c
in paragraph (5)–
i
immediately after the words “first purchaser”, in each place where it occurs, there shall be inserted the words “or, as the case may be, subsequent purchaser”;
ii
in sub-paragraph (f), for the word “shall” there shall be substituted the words “may, if the Council so decides,”;
iii
in sub-paragraph (g)–
aa
for the word “producer” there shall be substituted the words “first purchaser or, as the case may be, subsequent purchaser”, and
bb
in paragraph (ii), for the word “will” there shall be substituted the words “may, if the Council so decides”.
7
In article 9 (charges for expenses)–
a
in paragraph (1), for the words “or a first purchaser or both” there shall be substituted the following words–
, as a first purchaser or as a subsequent purchaser, or as both a producer and either a first purchaser or a subsequent purchaser
;
b
for paragraph (4) there shall be substituted the following paragraph–
4
Any first purchaser who buys or takes delivery of potatoes or any subsequent purchaser who buys or takes delivery of raw potatoes, in either case for human consumption, shall pay a charge per tonne at the point of sale not exceeding 25p per tonne.
;
c
in paragraph (5)(b), immediately after the words “first purchasers” there shall be inserted the words “and subsequent purchasers”;
d
paragraph (7) shall be deleted;
e
in paragraph (8)(b), immediately after the words “first purchaser” there shall be inserted the words “or as a subsequent purchaser”.
8
Immediately after article 12 there shall be inserted the following article–
Evidence
13
For the purpose of any proceedings arising under this Order, a document in whatever form, purporting to be issued by the Ministers, and confirming that they have given any approval or consent required by this Order shall be–
a
treated as having been so issued unless the contrary is proved; and
b
evidence, and in Scotland sufficient evidence, of the giving of such approval or consent.
.
Donoughue
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
19th May 1999
Sewel
Parliamentary Under Secretary of State, Scottish Office
19th May 1999
Signed by authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under Secretary of State, Welsh Office
24th May 1999


text:
Title, commencement and interpretation
1
1
This Order may be cited as the North Western and North Wales Sea Fisheries District Order 1999 and shall come into force on 1st April 1999.
2
In this Order–
“ the Act ” means the Sea Fisheries Regulation Act 1966.
Sea fisheries district
2
1
There shall continue to be a sea fisheries district comprising so much of the sea within the national waters of the United Kingdom adjacent to England and Wales, and so much of the sea within six nautical miles of the baselines (as they existed at 25th January 1983 in accordance with the Territorial Waters Order in Council 1964 , as amended by the Territorial Waters (Amendment) Order in Council 1979 ) from which the breadth of the territorial sea of the United Kingdom adjacent to England and Wales is measured, with the adjoining coast, as lies within the following limits, namely: on the north, a line drawn true south-west from the seaward extremity of Haverigg Point in the county of Cumbria (being the southern boundary of the Cumbria Sea Fisheries District) and, on the south, a line drawn true north-west from the northern extremity of Cemaes Head in the county of Ceredigion (being the northern boundary of the South Wales Sea Fisheries District).
2
The sea fisheries district shall not extend above a line drawn at or near the mouth of every river or stream flowing into the sea or into any estuary, or of the estuaries, within the limits of the said district as follows:–
Lines drawn along the seaward side of the railway (1) from Green Road Station to Kirkby-in-Furness Station; (2) from the road bridge over the railway near Plumpton Hall to Cark and Cartmel Station; and (3) from Grange Station to Arnside Station; such lines being at or near the mouths of the rivers Duddon, Leven, Winster, Kent and Bela, and of other rivers or streams flowing into the estuaries above such lines respectively;
A line drawn across the river Keer, along the seaward side of the downstream railway bridge at Carnforth;
A line drawn across the river Lune, along the seaward side of the Skerton Bridge carrying the A6 road at Lancaster;
A line drawn across the river Cocker, along the seaward side of Cocker bridge carrying the A588 road;
m
A line drawn across the river Wyre, along the seaward side of Shard toll bridge carrying the A588 road;
A line drawn across the river Ribble, along the seaward side of the bridge carrying the A59 Preston to Penwortham road;
A line drawn across the river Asland or Douglas, between the tower of All Saints Church, Becconsall, and the tower of St. Michael’s Church, Much Hoole;
A line drawn across the river Mersey, along the seaward side of the railway bridge at Runcorn;
A line drawn across the river Weaver, along the seaward side of the railway bridge at Frodsham;
A line drawn across the river Dee (Dyfrdwy) from Hilbre Point to the north-western extremity of Hilbre Island in the Metropolitan Borough of Wirral, thence to the disused lighthouse at the Point of Ayr, in the county of Flintshire;
A line drawn across the river Clwyd, along the seaward side of the bridge carrying the A548 road at Rhyl;
Lines drawn across the rivers Conwy and Aber, along the seaward side of the railway bridges across the said rivers near Conwy and Aber respectively;
A line drawn across the river Seiont, along the seaward side of the bridge carrying the A487 road at Caernarfon;
A line drawn across the mouth of Foryd Bay (river Gwyrfai) from Tycalch to the flagstaff at Belan Fort;
A line drawn across the river Cefni, along the seaward side of the bridge carrying the A4080 road at Malltraeth;
A line drawn across the river Soch, along the seaward side of the bridge carrying the A499 road at Abersoch;
A line drawn across the river Erch, along the seaward side of the railway bridge at Pwllheli Harbour;
A line drawn across the river Rhyd-hir, along the seaward side of the bridge carrying the Embankment Road at the western side of Pwllheli Harbour;
A line drawn across the river Glaslyn, along the seaward side of the embankment near Porthmadog;
Lines drawn across the rivers Dwyryd and Artro, along the seaward side of the railway bridges across the said rivers near Llandecwyn and Llanbedr and Pen-Sarn Stations respectively;
Lines drawn across the rivers Ysgethin and Dysynni, along the seaward side of the railway bridges across the said rivers near Tal-y-bont and Tonfanau respectively;
A line drawn across the river Mawddach, from the point at which it is joined on the north shore by the Cwm-llechan stream near Bontddu to the point on the south shore where it is joined by the Gwynant stream;
A line drawn across the river Dyfi, from the point at Trefri to the south-western abutment of the railway bridge across the Tre'r-ddol stream (river Clettwr);
A line drawn across the river Aeron, along the seaward side of the bridge carrying the A487 road at Aberaeron;
A line drawn across the river Teifi, along the seaward side of the bridge carrying the A487 road at Cardigan;
A line drawn across every river or stream not hereinbefore specified, such line being in continuation of the coast at mean high water springs.
3
In respect of the rivers, streams and estuaries above the lines beyond which the sea fisheries district does not extend, the Environment Agency shall within its area have the powers of a local fisheries committee.
4
The sea fisheries district shall continue to be called the North Western and North Wales Sea Fisheries District.
Local fisheries committee
3
1
There shall continue to be a local fisheries committee constituted for the regulation of the sea fisheries carried on within the North Western and North Wales Sea Fisheries District.
2
The committee shall be a joint committee of the councils referred to in column 1 of the Schedule to this Order and shall consist of thirty-eight members. The number of members appointed by each constituent council shall be the number which is set out in column 2 of the Schedule opposite the reference to such council. As for the additional members of the committee, one person shall be appointed by the Environment Agency and seventeen persons jointly by the Minister of Agriculture, Fisheries and Food and the Secretary of State.
3
Subject to paragraph (5) of this article, those persons who were members of the committee immediately before the coming into force of this Order, with the exception of those members appointed by Cheshire County Council, shall continue to hold office until the date specified for that purpose in the instrument appointing them. Any member appointed after this Order comes into force shall come into office on the day specified for that purpose in the instrument appointing him and shall hold office for the period specified in that instrument.
4
Retiring members shall be eligible for re-appointment.
5
Where for any reason whatsoever there occurs a casual vacancy in the committee, the body by whom the vacating member was appointed may fill the vacancy by the appointment of a new member. It shall be the duty of the clerk of the committee forthwith to notify every such vacancy to the appointing body.
6
No act or proceeding of the committee shall be questioned on account of any vacancy in the committee, and no defect in the appointment of any person acting as a member of the committee shall vitiate any proceedings of the committee in which he has taken part.
7
Except as provided by section 10 of the Act, no council shall make, vary or revoke any regulation or standing order respecting the quorum or proceedings of the committee or as to the area within which it is to exercise its authority.
8
Subject to any restrictions or conditions as to expenditure made under section 10 of the Act, the committee shall not be required to submit its acts or proceedings to any council for approval.
9
The committee shall hold one annual meeting in each year for the transaction of general business, in addition to any special or adjourned meetings.
10
Eight members shall be a quorum at any meeting of the committee.
11
The committee may from time to time appoint a sub-committee or sub-committees and may assign to such sub-committee or sub-committees such duties as it may from time to time determine.
Expenses
4
The expenses of the committee, other than those which may require to be incurred under section 17(2) of the Act, shall be chargeable to the constituent councils in the respective proportions set out in column 3 of the Schedule to this Order opposite the reference to each constituent council and shall be expenses for general county, borough or district purposes.
Revocations
5
The North Western and North Wales Sea Fisheries District Order 1986 and the North Western and North Wales Sea Fisheries District (Variation) Order 1989 are hereby revoked.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
25th March 1999
Jon Owen Jones
Parliamentary Under Secretary of State, Welsh Office
29th March 1999