text:
Citation, extent, commencement and interpretation
1
1
These Regulations may be cited as the Groundwater Regulations 1998 and shall come into force–
a
in the case of this regulation and regulation 16(1), on 2nd December 1998;
b
in the case of regulation 23, on 1st January 1999;
c
in the case of all other provisions, on 1st April 1999.
2
These Regulations do not extend to Northern Ireland.
3
In these Regulations–
“the Groundwater Directive” means Council Directive 80/68/ EEC ;
“the Agency”–
in relation to England and Wales, means the Environment Agency ;
in relation to Scotland, means the Scottish Environment Protection Agency ;
“authorisation” means–
an authorisation under regulation 18 or 19;
a discharge consent within the meaning of section 91(8) of the Water Resources Act 1991 ;
a discharge consent under Part II of the Control of Pollution Act 1974 ; and
an authorisation under Part I of the Environmental Protection Act 1990 in relation to a process designated for central control under section 2 of that Act ;
“direct discharge” means the introduction into groundwater of any substance in list I or II without percolation through the ground or subsoil;
“groundwater” means all water which is below the surface of the ground in the saturation zone and in direct contact with the ground or subsoil;
“highway drain” means a drain which a highway authority or other person is entitled to keep open by virtue of section 100 of the Highways Act 1980 ;
“indirect discharge” means the introduction into groundwater of any substance in list I or II after percolation through the ground or subsoil;
“pollution” means the discharge by man, directly or indirectly, of substances or energy into groundwater, the results of which are such as to endanger human health or water supplies, harm living resources and the aquatic ecosystem or interfere with other legitimate uses of water;
“road drain” means a drain which a roads authority is obliged or entitled to keep open by virtue of section 31 of the Roads (Scotland) Act 1984 ;
“substance in list I” and “substance in list II” shall have the meaning given by paragraphs 1 and 2 of the Schedule to these Regulations (and paragraphs 3 and 4 of that Schedule shall have effect); and other expressions used in these Regulations which are also used in the Groundwater Directive shall have the same meaning as in that Directive.
Exclusions from these Regulations
2
1
Nothing in these Regulations shall apply in relation to–
a
any discharge of matter containing radioactive substances;
b
any discharge of domestic effluent from an isolated dwelling which is not connected to a sewerage system and which is situated outside any area protected for the abstraction of water for human consumption;
c
any discharge found by the Agency to contain substances in list I or II in a quantity and concentration so small as to obviate any present or future danger of deterioration in the quality of the receiving groundwater; or
d
any activity for which a waste management licence (within the meaning of Part II of the Environmental Protection Act 1990) is required.
2
The Agency shall from time to time publish a summary of its findings under paragraph (1)(c) above in such manner as it considers appropriate and shall make copies of any such summary available to the public free of charge.
Discharge of functions
3
The Agency and the Secretary of State shall for the purposes of implementing the Groundwater Directive discharge their respective functions under these Regulations, Part II of the Control of Pollution Act 1974 (control of water pollution — Scotland), Part III of the Water Resources Act 1991 (control of water pollution — England and Wales) and Part I of the Environmental Protection Act 1990 (integrated pollution control) in accordance with the following provisions of these Regulations.
Measures to prevent the introduction into groundwater of list I substances
4
1
An authorisation shall not be granted if it would permit the direct discharge of any substance in list I.
2
An authorisation shall not be granted in relation to–
a
the disposal, or tipping for the purpose of disposal, of any substance in list I which might lead to an indirect discharge of that substance; or
b
any other activity on or in the ground which might lead to an indirect discharge of any substance in list I, unless that activity has been subjected to prior investigation.
3
In the light of any such investigation–
a
an authorisation shall not be granted if it would permit the indirect discharge of any substance in list I; and
b
any authorisation granted must include conditions which require that all necessary technical precautions are observed to prevent an indirect discharge of any substance in list I.
4
The following powers shall be exercised if it is necessary to do so for the purpose of preventing the introduction into groundwater of substances in list I–
a
in the case of any discharge from a highway drain or road drain which contains any such substance, the powers conferred by section 86(1) of the Water Resources Act 1991 or section 30G(1) of the Control of Pollution Act 1974 (prohibition of certain discharges by notice);
b
in the case of any activity falling within paragraph (2)(b) above and not falling within sub-paragraph (a) above, the powers conferred by regulation 19.
5
However, a discharge of any substance in list I into groundwater may be authorised after prior investigation if–
a
the investigation reveals that the groundwater is permanently unsuitable for other uses (especially domestic or agricultural uses), presence of that substance does not impede exploitation of ground resources and conditions are imposed which require that all technical precautions are observed to prevent that substance from reaching other aquatic systems or harming other ecosystems; or
b
the discharge is due to the re-injection into the same aquifer of water used for geothermal purposes, water pumped out of mines and quarries or water pumped out for civil engineering works.
Measures to limit the introduction into groundwater of list II substances to avoid pollution
5
1
An authorisation shall not be granted in relation to–
a
any direct discharge of any substance in list II;
b
any disposal or tipping for the purpose of disposal of any substance in list II which might lead to an indirect discharge of that substance;
c
any other activity on or in the ground which might lead to an indirect discharge of any substance in list II, unless that activity has been subjected to prior investigation.
2
An authorisation may only be granted if, in the light of any such investigation, it includes conditions which require that all necessary technical precautions are observed to prevent groundwater pollution by any substance in list II.
3
The following powers shall be exercised if it is necessary to do so for the purpose of avoiding pollution of groundwater by substances in list II–
a
in the case of any discharge from a highway drain or road drain which contains such substances, the powers conferred by section 86(1) of the Water Resources Act 1991 or section 30G(1) of the Control of Pollution Act 1974 (prohibition of certain discharges by notice);
b
in the case of any activity falling within paragraph (1)(c) above and not falling within sub-paragraph (a) above, the powers conferred by regulation 19.
Artificial recharges for the purposes of groundwater management
6
Artificial recharges may be authorised on a case by case basis for the purpose of groundwater management notwithstanding regulations 4 and 5, but such authorisation shall only be granted if there is no risk of polluting groundwater.
Examination required in prior investigation
7
Any prior investigation required by regulation 4 or 5 shall include examination of–
a
the hydrogeological conditions of the area concerned;
b
the possible purifying powers of the soil and subsoil; and
c
the risk of pollution and alteration of the quality of the groundwater from the discharge, and shall establish whether the discharge of substances into groundwater is a satisfactory solution from the point of view of the environment.
Surveillance of groundwater
8
An authorisation which is subject to any of the provisions of regulation 4, 5 or 6 may only be granted if the Agency has checked that the groundwater (and, in particular, its quality) will undergo the requisite surveillance.
Terms of authorisation of discharge of substances in list I or II
9
1
This regulation applies where–
a
a direct discharge of any substance in list I or II is authorised in accordance with regulation 4(5) or 5; or
b
waste water disposal which inevitably causes an indirect discharge of any substance in list II is authorised in accordance with regulation 5.
2
In a case where this regulation applies the authorisation shall specify in particular–
a
the place where the discharge may be made;
b
the method of discharge which may be used;
c
the essential precautions which must be taken, paying particular attention to the nature and concentration of any substance in list I or II present in the effluent, the characteristics of the receiving environment and the proximity of water catchment areas, in particular those for drinking, thermal and mineral water;
d
the maximum quantity of any such substance permissible in the effluent during one or more specified periods of time and the appropriate requirements as to the concentration of any such substance;
e
the arrangements for monitoring effluents discharged into groundwater;
f
if necessary, measures for monitoring groundwater, and in particular its quality.
Terms of authorisation for disposal or tipping for the purpose of disposal
10
1
This regulation applies where–
a
any disposal, or tipping for the purpose of disposal, of any matter which might lead to an indirect discharge of any substance in list I or II is authorised in accordance with regulation 4 or 5; and
b
in the case of a disposal, it is not a disposal of waste water to which regulation 9(1)(b) applies.
2
In a case where this regulation applies the authorisation shall specify in particular–
a
the place where the disposal or tipping may be done;
b
the methods of disposal or tipping which may be used;
c
the essential precautions which must be taken, paying particular attention to the nature and concentration of any substance in list I or II present in the matter to be disposed of or tipped, the characteristics of the receiving environment and the proximity of water catchment areas, in particular those for drinking, thermal and mineral water;
d
the maximum quantity permissible, during one or more specified periods of time, of the matter containing any such substance and, where possible, of any such substance, to be tipped or disposed of and the appropriate requirements as to the concentration of any such substance;
e
the technical precautions to be implemented to prevent any discharge into groundwater of any substance in list I and any pollution of such water by any substance in list II,
f
if necessary, the measures for monitoring the groundwater, and in particular its quality.
Period and conditions of authorisation
11
1
An authorisation of–
a
a discharge of any substance in list I or II; or
b
any disposal, or tipping for the purpose of disposal, of any matter which might lead to an indirect discharge of any substance in list I or II, may be granted for a limited period only, and must be reviewed at least once in every four years when it may be renewed, amended or revoked.
2
If the applicant for any such authorisation states, or it is otherwise evident, that he will be unable to comply with the conditions of the proposed authorisation, the authorisation shall not be granted.
3
The Agency shall monitor compliance with the conditions of any such authorisation and the effects of discharges on groundwater.
4
If the conditions of any such authorisation are not complied with, the appropriate steps shall be taken to ensure compliance and, if necessary, the revocation of the authorisation.
Inventory of authorisations
12
The Agency shall keep an inventory of authorisations of–
a
direct or indirect discharges of any substance in list I;
b
direct discharges of any substance in list II; and
c
artificial recharges for the purposes of groundwater management.
Application of measures not to lead to pollution of groundwater
13
The application of the measures taken pursuant to these Regulations may on no account lead, either directly or indirectly, to pollution of groundwater.
Application of provisions of water pollution legislation
14
1
A person shall be treated as contravening section 85 of the Water Resources Act 1991 or, as the case may be, section 30F of the Control of Pollution Act 1974 (water pollution offences) if–
a
he causes or knowingly permits–
i
the disposal or tipping for the purposes of disposal of any substance in list I or II in circumstances which might lead to an indirect discharge of that substance into groundwater unless it is carried on under and in accordance with an authorisation granted under regulation 18; or
ii
any activity to be carried on in contravention of a prohibition imposed under regulation 19 or any authorisation granted under that regulation; or
b
he contravenes the conditions of any authorisation under regulation 18 or 19.
2
Section 88(1) of the Water Resources Act 1991 and section 30I(1) of the Control of Pollution Act 1974 (defences to water pollution offences in respect of authorised discharges) shall apply in relation to an authorisation under regulation 18 or 19 as if the reference–
a
in section 88(1)(a) to a consent under Chapter II of Part III of the Water Resources Act 1991;
b
in section 30I(1) to a consent under Part II of the Control of Pollution Act 1974; included a reference to such an authorisation.
3
Sections 191A and 191B of the Water Resources Act 1991 and sections 42A and 42B of the Control of Pollution Act 1974 (exclusion from registers of information affecting national security and certain confidential information) shall apply in relation to the particulars mentioned in regulation 22(1) as if information furnished for the purposes mentioned in paragraphs (a) to (c) of subsection (2) of section 191A or of section 42A included information furnished to the Agency for the purposes of regulation 18 or 19.
4
Paragraph 11 of Schedule 10 to the Water Resources Act 1991 (transfer of discharge consents) shall apply in relation to an authorisation under regulation 18–
a
as if any reference to a consent included a reference to such an authorisation;
b
as if references to paragraphs 3 and 6 of that Schedule were references to regulation 18; and
c
as if references to carrying on or making discharges were references to carrying on the activities regulated by the authorisation.
Application of section 71 of the Environmental Protection Act 1990
15
Section 71 of the Environmental Protection Act 1990 (obtaining of information) shall apply for the purposes of these Regulations as if any reference to functions under Part II of that Act included a reference to functions under these regulations.
Application of sections 41, 42 and 123 of the Environment Act 1995
16
1
Sections 41 and 42 of the Environment Act 1995 (charging schemes) shall apply in relation to an authorisation under regulation 18 or 19 as if any reference to an environmental licence included a reference to such an authorisation.
2
Section 123 of the Environment Act 1995 (provisions relating to the service of documents) shall apply to the service of notices under regulation 18 or 19 as it applies to the service of documents under that Act.
Amendment of the Waste Management Licensing Regulations
17
For the last two entries in Table 5 in paragraph 3(1) of Schedule 4 to the Waste Management Licensing Regulations 1994 , there shall be substituted–
The Environment Agency or the Secretary of State. Their respective functions in relation to–
a
consents under Chapter II of Part III of the Water Resources Act 1991 (offences in relation to pollution of water resources) for any discharge of waste in liquid form other than waste waters;
b
authorisations under regulation 18 of the Groundwater Regulations 1998 (disposal or tipping of substances in list I or II); and
c
notices under regulation 19 of the Groundwater Regulations 1998 (prohibition or authorisation of activities which may result in indirect discharges of substances in list I or II).
The Scottish Environment Protection Agency or the Secretary of State. Their respective functions in relation to–
a
consents under Part II of the Control of Pollution Act 1974 (control of water pollution in Scotland) for any discharge of waste in liquid form other than waste waters;
b
authorisations under regulation 18 of the Groundwater Regulations 1998 (disposal or tipping of substances in list I or II); and
c
notices under regulation 19 of the Groundwater Regulations 1998 (prohibition or authorisation of activities which may result in indirect discharges of substances in list I or II).
Authorisation of disposal or tipping of substances in list I or II
18
1
An application for an authorisation for the purposes of regulation 14(1)(a)(i) shall be made in writing to the Agency.
2
If in any case the Agency considers that there are special reasons why the application should be advertised, it may by notice in writing served on the applicant require him to advertise the application in such manner as may be specified in the notice.
3
The Agency may either–
a
grant an authorisation in writing subject to such conditions as it thinks fit; or
b
by notice in writing served on the applicant, refuse the application and the notice shall state the Agency’s reasons for refusal.
4
The Agency may, by notice in writing served on the person holding an authorisation under this regulation, at any time vary or revoke the authorisation and a notice of variation or revocation shall state the Agency’s reasons.
Notice to prevent or control indirect discharges of substances in list I or II
19
1
Subject to paragraph (2), where–
a
any person is carrying on, or proposing to carry on, any activity on or in the ground; and
b
that activity might lead to an indirect discharge of any substance in list I or pollution of groundwater as a result of an indirect discharge of any substance in list II, the Agency may serve notice in writing on that person prohibiting him from carrying on that activity or authorising him to carry on that activity subject to such conditions as are specified in the notice and which are necessary to prevent an indirect discharge of any substance in list I or pollution of groundwater as a result of an indirect discharge of any substance in list II.
2
This regulation shall not apply to the disposal, or tipping for the purpose of disposal, of any substance in list I or II except in a case falling within regulation 23(3) during the period whilst the application in question is pending.
3
The Agency may at any time, by notice in writing served on the person on whom a notice under paragraph (1) was served, vary or revoke that notice and a notice of variation or revocation shall state the Agency’s reasons.
Appeals
20
1
A person may appeal by notice in writing to the Secretary of State against any decision of the Agency under regulation 18 or 19–
a
in the case of a decision under regulation 18, within a period of three months; or
b
in the case of a decision under regulation 19, within a period of 21 days, beginning in either case with the date on which he was notified of the Agency’s decision, or within such longer period as the Secretary of State may allow.
2
Where–
a
an application has been made to the Agency in accordance with regulation 18 above; and
b
the Agency has not notified the applicant of its decision in relation to that application within–
i
a period of four months beginning with the date on which it received the application (or, if the application must be advertised, the date on which advertising is completed); or
ii
if the Agency and the applicant agree in writing to a longer period, that period, the applicant may for the purposes of this regulation treat this as a refusal by the Agency of the application and appeal to the Secretary of State.
3
An appeal under this regulation shall be made by the appellant serving notice in writing on the Secretary of State and the notice shall state the appellant’s grounds of appeal.
4
Before determining an appeal under this regulation the Secretary of State shall–
a
take into account any written representations of the appellant and of the Agency; and
b
if requested to do so by the appellant or the Agency, afford them an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.
5
On determining an appeal under this regulation the Secretary of State shall have power to dismiss the appeal or to direct the Agency to take such steps in exercise of its powers under regulation 18 or 19 as the Secretary of State considers appropriate to give effect to his decision on the appeal.
Codes of practice
21
1
The Ministers may from time to time approve for the purposes of these Regulations (or withdraw their approval of) codes of practice issued for the purpose of giving practical guidance to persons engaged in any activity falling within regulation 4(2)(b) or 5(1)(c) about the steps they should take to prevent substances in list I from entering groundwater or to avoid pollution of such water by substances in list II.
2
In deciding whether or not it is necessary to exercise the Agency’s powers under regulation 19, the Agency shall consider whether or not any guidance, which is contained in a relevant code of practice for the time being approved under paragraph (1) above, has been, or is likely to be, followed.
3
When the Ministers exercise their powers under paragraph (1) above they shall–
a
notify the Agency of their approval (or withdrawal of their approval) of the relevant code of practice; and
b
make such arrangements as they consider appropriate for publicising their approval or, as the case may be, its withdrawal.
4
The Agency shall make appropriate arrangements for bringing each code of practice for the time being approved under paragraph (1) above to the attention of persons engaged in the relevant activity.
5
In this regulation “the Ministers” means any Minister of the Crown within the meaning of the Ministers of the Crown Act 1975 acting either alone or jointly with one or more such Ministers.
Particulars to be included in registers
22
1
Subject to regulation 14(3) and paragraph (2) below, the Agency shall, as soon as reasonably practicable, enter on registers maintained by it under section 190 of the Water Resources Act 1991 or section 41 of the Control of Pollution Act 1974 (pollution control registers) full particulars of–
a
any authorisation under regulation 18;
b
any application for such an authorisation;
c
any variation or revocation of such an authorisation;
d
any notice under regulation 19;
e
any variation or revocation of any such notice;
f
any information furnished to the Agency for the purposes of regulation 18 or 19;
g
any monitoring information provided in connection with any authorisation under regulation 18 or 19;
h
any conviction for an offence under section 85 of the Water Resources Act 1991 or section 30F of the Control of Pollution Act 1974 by virtue of regulation 14(1);
i
any finding of the Agency under regulation 2(1)(c), any determination of the Agency under paragraph 1(2) or 2(2) of the Schedule to these Regulations, any notification by the Secretary of State under paragraph 3(2) of that Schedule and any summary published under regulation 2(2) or paragraph 4 of that Schedule; and
j
any code of practice for the time being approved under regulation 21 above.
2
Nothing in paragraph (1) above shall require the Agency to keep on a register–
a
monitoring information more than four years after that information was entered on the register;
b
other information which has been superseded by later information more than four years after that later information was entered on the register; or
c
information relating to an application for an authorisation under regulation 18 after the application has been withdrawn.
Transitional provisions
23
1
This regulation applies where any application is made before 1st April 1999 to the Agency for an authorisation for the purposes of regulation 14(1)(a)(i).
2
The application shall be dealt with in the same manner as an application made on or after 1st April 1999 but–
a
an appeal by virtue of regulation 20(2) shall not be made in relation to the application before 1st August 1999; and
b
an authorisation issued before 1st April 1999 in relation to the application shall have effect on and after that date as an authorisation under regulation 18.
3
Where–
a
the application has not been finally disposed of before 1st April 1999; and
b
the application relates to an activity which is substantially the same as an activity carried on by the applicant or his predecessor before that date at the place to which the application relates; the Agency shall be deemed to have given the authorisation applied for and the deemed authorisation shall continue in force until the application is finally disposed of or, if before that date a notice under regulation 19 is served on the applicant in relation to the activity in question, until the date of service of that notice.
4
An application shall be treated as finally disposed of for the purposes of paragraph (1)(3) above on–
a
the date on which the application is withdrawn;
b
if the Agency gives or refuses its authorisation, the expiration (without an appeal being made) of the time limit for appealing against that decision; or
c
if an appeal is duly made against the Agency’s decision, the date on which that appeal is determined or withdrawn.
Signed by authority of the Secretary of State for the Environment
Michael Meacher
Minister of State,
Department of the Environment, Transport and the Regions
30th October 1998
Signed by authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under Secretary of State, Welsh Office
6th November 1998
Signed by authority of the Secretary of State for Scotland
Sewel
Parliamentary Under Secretary of State, Scottish Office
5th November 1998


type: legislation

jurisdiction: UK

text:
Title, commencement and interpretation
1
1
These Regulations may be cited as the Spreadable Fats (Marketing Standards) (Amendment) Regulations 1998 and shall come into force on 20th March 1998.
2
In these Regulations “the principal Regulations ” means the Spreadable Fats (Marketing Standards) Regulations 1995 .
Amendment of the principal Regulations
2
The principal Regulations shall be amended in accordance with regulations 3 to 7 below.
3
In regulation 2 (interpretation) —
a
in paragraph (1) —
i
there shall be inserted after the definition of “the Act” the following definition —
“the Commission Regulation” means Commission Regulation ( EC ) No. 577/97 laying down certain detailed rules for the application of the Council Regulation and of Council Regulation ( EEC ) No. 1898/87 on the protection of designations used in the marketing of milk and milk products , as amended by Commission Regulation (EC) No. 1278/97 and Commission Regulation (EC) No. 2181/97 ;
;
ii
there shall be substituted for the definition of “Community provision” the following definition —
“Community provision” means a provision of the Council Regulation or the Commission Regulation which is referred to in column 1 of Schedule 1 to these Regulations, as read with any supplementary provision referred to in column 2 thereof opposite the reference in column 1;
;
b
in paragraph (2) there shall be inserted at the end the words “and the Commission Regulation”.
4
In regulation 3(1) (exemptions) —
a
there shall be substituted for the words “Subject to paragraph (2) below, in the absence of” the words “Except where paragraph (2) below applies, unless and until there is”;
b
there shall be inserted after the words “the Council Regulation” the words “and the Commission Regulation”.
5
In regulation 7 (defence in relation to exports) —
a
there shall be substituted for the words “under these Regulations” the words “under regulation 6(1)(b) of these Regulations”;
b
in paragraph (b) —
i
there shall be substituted for the word “Regulations” the words “Regulation and the Commission Regulation”;
ii
there shall be inserted after the words “to the Council Regulation” the words “and the Commission Regulation”.
6
There shall be substituted for regulation 8 (application of various provisions of the Act) the following regulation —
Application of various provisions of the Act
8
1
The following provisions of the Act shall apply for the purposes of these Regulations and, unless the context otherwise requires, any reference in those provisions to the Act or Part thereof shall be construed for the purposes of these Regulations as a reference to these Regulations —
section 2 (extended meaning of “sale” etc. );
section 3 (presumptions that food is intended for human consumption);
section 20 (offences due to fault of another person);
section 21 (defence of due diligence) as it applies for the purposes of section 8, 14 or 15;
section 22 (defence of publication in the course of a business);
section 30(8) (which relates to documentary evidence);
section 35(1) to (3) (punishment of offences) in so far as it relates to offences under section 33(1) and (2);
section 36 (offences by bodies corporate).
2
The following provisions of the Act shall apply for the purposes of these Regulations and, unless the context otherwise requires, any reference in those provisions to the Act shall be construed for the purposes of these Regulations as including a reference to the Community provisions —
section 32 (powers of entry);
section 33 (obstruction etc. of officers);
section 44 (protection of officers acting in good faith).
.
7
There shall be substituted for Schedule 1 (Community provisions) the Schedule to these Regulations.
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
25th February 1998
Signed by authority of the Secretary of State for Health
Tessa Jowell
Minister of State for Public Health,
Department of Health
20th February 1998
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
23rd February 1998
Sam Galbraith
Parliamentary Under Secretary of State, Scottish Office
23rd February 1998


text:
Citation and commencement
1
These Directions may be cited as the Pelican and Puffin Pedestrian Crossings General (Amendment) Directions 1998 and shall come into force on 1st April 1998.
Amendment of the Pelican and Puffin Pedestrian Crossings General Directions 1997
2
In direction 8(3) of the Pelican and Puffin Pedestrian Crossings General Directions 1997 , after the word “grey,” there shall be inserted “black,”.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Helene Hayman
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
18th March 1998
Henry B. McLeish
Minister of State, Scottish office
20th March 1998
Signed by authority of the Secretary of State for Wales
Peter Hain
Parliamentary Under Secretary of State, Welsh Office
25th March 1998


text:
Citation, commencement, operation and extent
1
1
This Order may be cited as the Angola (United Nations Sanctions) (Channel Islands) Order 1998 and shall come into force on 23rd July 1998.
2
If the Security Council of the United Nations takes a decision which has the effect of cancelling, postponing or suspending the operation of the resolution adopted by it on 12th June 1998 in whole or in part, this Order shall cease to have effect or its operation shall be postponed or suspended, in whole or in part as the case may be, in accordance with that decision; and particulars of that decision shall be published by the Secretary of State in a notice in the London, Edinburgh and Belfast Gazettes.
3
This Order shall extend to the Channel Islands so as to be law, respectively, in the Bailiwick of Guernsey and the Bailiwick of Jersey only.
Interpretation
2
In this Order the following expressions have, except where otherwise expressly provided, the meanings hereby respectively assigned to them, that is to say —
“Attorney General” means —
in the application of this Order to the Bailiwick of Guernsey, the Attorney General or the Solicitor General for Guernsey; and
in the application of this Order to the Bailiwick of Jersey, the Attorney General for Jersey;
“Chief Revenue Officer” and “States Revenue Officer” have the meaning they bear in the Customs and Excise (General Provisions) (Bailiwick of Guernsey) Law 1972;
“commander”, in relation to an aircraft, means the member of the flight crew designated as commander of the aircraft by the operator thereof, or, failing such a person, the person who is for the time being the pilot in command of the aircraft;
“enactment” includes an enactment of the States of Guernsey or, as the case may be, the States of Jersey;
“export” includes shipment as stores, and cognate expressions shall be construed accordingly;
“exportation” in relation to any vessel, submersible vehicle or aircraft, includes the taking out of the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey of the vessel, submersible vehicle or aircraft notwithstanding that it is conveying goods or passengers and whether or not it is moving under its own power, and cognate expressions shall be construed accordingly;
“import” includes shipment as stores, and cognate expressions shall be construed accordingly;
“master”, in relation to a ship, includes any person (other than a pilot) for the time being in charge of the ship;
“operator”, in relation to an aircraft or vehicle, means the person for the time being having the management of the aircraft or the vehicle;
“owner”, in relation to a ship, where the owner of the ship is not the operator, means the operator and any person to whom it is chartered;
“police officer” means —
in relation to Guernsey, Herm and Jethou, a member of the salaried police force of the Island of Guernsey and, within the limits of his jurisdiction, a member of the special constabulary of the Island of Guernsey;
in relation to Alderney, a member of the said police force and a member of any police force which may be established by the States of Alderney;
in relation to Sark, the Constable, the Vingtenier and a member of the said police force of the Island of Guernsey; and
in relation to the Bailiwick of Jersey, a member of the Honorary Police or a member of the States of Jersey Police Force;
“restricted goods” means the goods falling within the Headings and Sub-headings of the Combined Nomenclature of the European Community established by Annex 1 to Council Regulation ( EEC ) No. 2658/37 , as amended , specified in Schedule 1 to this Order;
“restricted services” means ground or waterborne transportation services;
“ship” includes every description of vessel used in navigation;
“shipment” (and cognate expressions) and “stores” shall, in the application of this Order to the Bailiwick of Guernsey, have the meanings they bear in the Customs and Excise (General Provisions) (Bailiwick of Guernsey) Law 1972, and in the application of this Order to the Bailiwick of Jersey, have the meanings they bear in the Customs and Excise (General Provisions) (Jersey) Law 1972;
“vehicle” means land transport vehicle.
Supply of restricted goods
3
1
Except under the authority of a licence granted under this article —
a
in the case of the Bailiwick of Guernsey, by the Lieutenant Governor;
b
in the case of the Bailiwick of Jersey, by the Finance and Economics Committee,
no person shall —
i
supply or deliver; or
ii
agree to supply or deliver
any restricted goods to any person in Angola.
2
Nothing in paragraph (1)(ii) above shall apply where the supply or delivery of the restricted goods to the person concerned is authorised by a licence granted under this article.
Supply of restricted services
4
Except under the authority of a licence granted under this article —
a
in the case of the Bailiwick of Guernsey, by the Lieutenant Governor;
b
in the case of the Bailiwick of Jersey, by the Finance and Economics Committee, no person shall —
i
supply; or
ii
agree to supply
any restricted services to any person in Angola.
2
Nothing in paragraph (l)(ii) above shall apply where the supply of the restricted services to the person concerned is authorised by a licence granted under this article.
Exportation of restricted goods to Angola
5
Except under the authority of a licence granted under this article —
a
in the case of the Bailiwick of Guernsey, by the Lieutenant Governor;
b
in the case of the Bailiwick of Jersey, by the Finance and Economics Committee,
restricted goods are prohibited to be exported from any of the Channel Islands to any destination in Angola, or to any destination for the purpose of delivery, directly or indirectly, to or to the order of any person in Angola.
Use of ships, aircraft and vehicles: restricted goods and services
6
1
Without prejudice to the generality of articles 3 and 4 above, and except under the authority of a licence granted under this article —
a
in the case of the Bailiwick of Guernsey, by the Lieutenant Governor;
b
in the case of the Bailiwick of Jersey, by the Finance and Economics Committee,
no ship or aircraft to which this article applies, and no vehicle within the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey, shall be used —
i
for the carriage of any restricted goods if the carriage is, or forms part of, carriage from any place outside Angola to any destination therein; or
ii
for the supply of any restricted services to any person in Angola.
2
This article applies to ships registered in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey, to aircraft registered in the United Kingdom and to any other ship or aircraft that is for the time being chartered to any person who is —
a
a British citizen, a British Dependent Territories citizen, a British Overseas citizen, a British subject or a British protected person and is ordinarily resident in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey; or
b
a body incorporated or constituted under the law of any part of the Bailiwick of Guernsey or, as the case may be, the law of the Bailiwick of Jersey.
3
If any ship, aircraft or vehicle is used in contravention of paragraph (1) above, then —
a
in the case of a ship registered in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey or any aircraft registered in the United Kingdom, the owner and the master of the ship or, as the case may be, the operator and the commander of the aircraft;
b
in the case of any other ship or aircraft —
i
the person to whom the ship or aircraft is for the time being chartered; and
ii
if he is such a person as is referred to in paragraph (2) above, the master of the ship or, as the case may be, the operator and the commander of the aircraft; or
c
in the case of a vehicle, the operator of the vehicle,
shall be guilty of an offence under this Order, unless he proves that he did not know and had no reason to suppose that —
i
the carriage of the goods in question was, or formed part of, carriage from any place outside Angola to any destination therein; or
ii
the supply of the services in question was to a person in Angola,
as the case may be.
4
Nothing in paragraph (1) above shall apply where —
a
the supply or delivery or exportation from the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey of the goods concerned to Angola was authorised by a licence granted by the relevant authority under article 3 or 5 above; or
b
the supply of the services concerned to Angola was authorised by a licence granted by the relevant authority under article 4 above,
as the case may be.
5
Nothing in this article shall be construed so as to prejudice any other provision of law prohibiting or restricting the use of ships, aircraft or vehicles.
Importation of diamonds from Angola
7
Except under the authority of a licence granted under this article —
a
in the case of the Bailiwick of Guernsey, by the Lieutenant Governor;
b
in the case of the Bailiwick of Jersey, by the Finance and Economics Committee,
diamonds exported from Angola on or after 1st July 1998 are prohibited to be imported, directly or indirectly, into the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey.
Assets of UNITA or persons connected with UNITA
8
1
Except with permission granted under this article —
a
in the case of the Bailiwick of Guernsey, by the Lieutenant Governor;
b
in the case of the Bailiwick of Jersey, by the Finance and Economics Committee,
no person shall —
i
make any payment, or part with any gold, securities or investments; or
ii
make any change in the persons to whose credit any sum is to stand or to whose order any gold, securities or investments are to be held,
where any such action is action to which this article applies.
2
This article applies to any action which is likely to make available to or for the benefit of UNITA or any person connected with UNITA any funds or any other financial assets or resources, whether by their removal from the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey or otherwise, or otherwise to result in the remittance or transfer of funds or other such assets or resources to or for the benefit of UNITA or any person connected with UNITA.
3
Any permission granted by or on behalf of the relevant authority under this article may be granted either absolutely or subject to conditions and may be varied or revoked at any time by or on behalf of the relevant authority.
4
In this article —
a
“gold”, “payment” and “securities” shall have the meanings they bear in section 2 of the Emergency Laws (Re-enactments and Repeals) Act 1964 ;
b
“investment” means any asset, right or interest falling within any paragraph of Part I of Schedule 1 to the Financial Services Act 1986 and which is not a security;
c
“person connected with UNITA” means any of the following persons —
i
any senior official of UNITA;
ii
any adult member of the immediate family of any senior official of UNITA; or
iii
any person acting on behalf of a person described in paragraph (i) or (ii) above;
d
“UNITA” means the Uniao Nacional para a Indepencia Total de Angola.
Application of articles 3, 4 and 8
9
1
The provisions of articles 3, 4 and 8 above shall apply to any person within the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey and to any person elsewhere who —
a
is a British citizen, a British Dependent Territories citizen, a British Overseas citizen, a British subject, or a British protected person and is ordinarily resident in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey; or
b
is a body incorporated or constituted under the law of any part of the Bailiwick of Guernsey or, as the case may be, the law of the Bailiwick of Jersey.
2
Subject to the provisions of paragraphs (3) and (4) below, any person specified in paragraph (1) above who contravenes the provisions of article 3, 4 or 8 above shall, in the Bailiwick in question, be guilty of an offence.
3
In the case of proceedings for an offence in contravention of article 3 above it shall be a defence for the accused person to prove that he did not know and had no reason to suppose that the goods in question were to be supplied or delivered to a person in Angola.
4
In the case of proceedings for an offence in contravention of article 4 above it shall be a defence for the accused person to prove that he did not know and had no reason to suppose that the services in question were to be supplied to a person in Angola.
Customs powers to demand evidence of destination which goods reach
10
Any exporter or any shipper of goods which have been exported from the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey shall, if so required by, in the case of the Bailiwick of Guernsey, the Chief Revenue Officer or, in the case of the Bailiwick of Jersey, the Agent or Deputy Agent of the Impôts or any person duly authorised by the Agent of the Impôts, furnish within such time as they may allow proof to their satisfaction that the goods have reached either —
a
a destination to which they were authorised to be exported by a licence granted under this Order; or
b
a destination to which their exportation was not prohibited by this Order,
and, if he fails to do so, he shall be guilty of an offence under this Order unless he proves that he did not consent to or connive at the goods reaching any destination other than such a destination as aforesaid.
Offences in connection with applications for licences, conditions attaching to licences, etc.
11
1
If for the purposes of obtaining any licence under this Order any person makes any statement or furnishes any document or information which to his knowledge is false in a material particular or recklessly makes any statement or furnishes any document or information which is false in a material particular he shall be guilty of an offence under this Order.
2
Any person who has done any act under the authority of a licence granted by the Lieutenant Governor or, as the case may be, the Finance and Economics Committee under this Order and who fails to comply with any condition attaching to that licence shall be guilty of an offence under this Order:
Provided that no person shall be guilty of an offence under this paragraph where he proves that the condition with which he failed to comply was modified, otherwise than with his consent, by the Lieutenant Governor or, as the case may be, the Finance and Economics Committee after the doing of the act authorised by the licence.
Declaration as to goods: powers of search
12
1
Any person who is about to leave any of the Channel Islands shall, if he is required to do so by, in the case of the Bailiwick of Guernsey, a States Revenue Officer or, in the case of the Bailiwick of Jersey, an officer of the Impôts —
a
declare whether or not he has with him any restricted goods which are destined for Angola or for any destination for delivery, directly or indirectly, to or to the order of any person in Angola; and
b
produce any such goods as aforesaid which he has with him,
and such officer, and any such person acting under his direction, may search that person for the purpose of ascertaining whether he has with him any such goods as aforesaid:
Provided that no person shall be searched in pursuance of this paragraph except by a person of the same sex.
2
Any person who without reasonable excuse refuses to make a declaration, fails to produce any goods or refuses to allow himself to be searched in accordance with the foregoing provisions of this article shall be guilty of an offence under this Order.
3
Any person who under the provisions of this article makes a declaration which to his knowledge is false in a material particular or recklessly makes any declaration which is false in a material particular shall be guilty of an offence under this Order.
Investigation, etc. of suspected ships
13
1
Where any authorised officer has reason to suspect that any ship to which article 6 above applies has been or is being or is about to be used in contravention of paragraph (1) of that article —
a
he may (either alone or accompanied and assisted by persons under his authority) board the ship and search her and, for that purpose, may use or authorise the use of reasonable force;
b
he may request the master of the ship to furnish such information relating to the ship and her cargo and produce for his inspection such documents so relating and such cargo as he may specify; and
c
in the case of a ship that is reasonably suspected of being or of being about to be used in contravention of paragraph (1) of article 6 above, he may (either there and then or upon consideration of any information furnished or document or cargo produced in pursuance of a request made under sub-paragraph (b) above), with a view to the prevention of the commission (or the continued commission) of any such contravention or in order that enquiries into the matter may be pursued, take the further action specified in paragraph (2) below.
2
The further action referred to in paragraph (1)(c) above is either —
a
to direct the master of the ship to refrain, except with the consent of any authorised officer, from landing at any port specified by the officer any part of the ship’s cargo that is so specified; or
b
to request the master of the ship to take any one or more of the following steps:
i
to cause the ship not to proceed with the voyage on which she is then engaged or about to engage until the master is notified by an authorised officer that the ship may so proceed;
ii
if the ship is then in a port in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey, to cause her to remain there until the master is notified by an authorised officer that the ship may depart;
iii
if the ship is then in any other place, to take her to any such port specified by the officer and to cause her to remain there until the master is notified as mentioned in sub-paragraph (ii) above; and
iv
to take her to any other destination that may be specified by the officer in agreement with the master.
3
Without prejudice to the provisions of article 16(3) below, where —
a
a master refuses or fails to comply with a request made under paragraph (2)(b) above, or
b
an authorised officer otherwise has reason to suspect that a request that has been so made may not be complied with,
any such officer may take such steps as appear to him to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, may for that purpose enter upon, or authorise entry upon, that ship and use, or authorise the use of, reasonable force.
4
In this article “authorised officer” means —
a
in respect of the Bailiwick of Guernsey, any officer as is referred to in section 284(1) of the Merchant Shipping Act 1995 as extended to the Bailiwick of Guernsey by the Merchant Shipping (Oil Pollution and General Provisions) (Guernsey) Order 1998 , or a States Revenue officer;
b
in respect of the Bailiwick of Jersey, the Harbour Master or an officer appointed to deputise for him.
Investigation, etc. of suspected aircraft
14
1
Where any authorised officer or authorised person has reason to suspect that any aircraft to which article 6 above applies has been or is being or is about to be used in contravention of paragraph (1) of that article —
a
he may request the charterer, the operator and the commander of the aircraft or any of them to furnish such information relating to the aircraft and its cargo and produce for his inspection such documents so relating and such cargo as he may specify;
b
he may (either alone or accompanied and assisted by persons under his authority) board the aircraft and search it and, for that purpose, may use or authorise the use of reasonable force; and
c
if the aircraft is then in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey, he may (either there and then or upon consideration of any information furnished or document or cargo produced in pursuance of a request made under sub-paragraph (a) above) further request the charterer, operator and the commander or any of them to cause the aircraft and any of its cargo to remain in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey until notified that the aircraft may depart.
2
Without prejudice to the provisions of article 16(3) below, where an authorised officer or authorised person has reason to suspect that any request that has been made under paragraph (1)(c) above may not be complied with, he may take such steps as appear to him to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, may for that purpose —
a
enter, or authorise entry, upon any land and upon that aircraft;
b
detain, or authorise the detention of, that aircraft and any of its cargo; and
c
use, or authorise the use of, reasonable force.
3
Before or on exercising any power conferred by this article, an authorised person shall, if requested to do so, produce evidence of his authority.
4
In this article —
“authorised officer” means —
in respect of the Bailiwick of Guernsey, any States Revenue Officer;
in respect of the Bailiwick of Jersey, any officer of the Impôts;
“authorised person” means any person authorised by the Attorney General for the purpose of this article either generally or in a particular case.
Investigation, etc. of suspected vehicles
15
1
Where any authorised officer or authorised person has reason to suspect that any vehicle in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey has been or is being or is about to be used in contravention of article 6(1) above —
a
he may request the operator and the driver of the vehicle or either of them to furnish such information relating to the vehicle and any goods contained in it and produce for his inspection such documents so relating and such goods as he may specify;
b
he may (either alone or accompanied and assisted by persons under his authority) enter the vehicle and search it and, for that purpose, may use or authorise the use of reasonable force; and
c
he may (either there and then or upon consideration of any information furnished or document or goods produced in pursuance of a request made under sub-paragraph (a) above) further request the operator or the driver to cause the vehicle and any goods contained in it to remain in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey until notified that the vehicle may depart.
2
Without prejudice to the provisions of article 16(3) below, where any authorised officer or authorised person has reason to suspect that any request that has been made under paragraph (1)(c) above may not be complied with, he may take such steps as appear to him to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, may for that purpose —
a
enter, or authorise entry, upon any land and enter, or authorise entry of, that vehicle;
b
detain, or authorise the detention of, that vehicle and any goods contained in it; and
c
use, or authorise the use of, reasonable force/.
3
Before or on exercising any power conferred by this article, an authorised person shall, if requested to do so, produce evidence of his authority.
4
In this article —
“authorised officer” means —
in respect of the Bailiwick of Guernsey, any States Revenue Officer;
in respect of the Bailiwick of Jersey, any officer of the Impôts;
“authorised person” means any person authorised by the Attorney General for the purpose of this article either generally or in a particular case.
Provisions supplementary to articles 13 to 15
16
1
No information furnished or document produced by any person in pursuance of a request made under article 13, 14 or 15 above shall be disclosed except —
a
with the consent of the person by whom the information was furnished or the document was produced:
Provided that a person who has obtained information or is in possession of a document only in his capacity as servant or agent of another person may not give consent for the purposes of this sub-paragraph but such consent may instead be given by any person who is entitled to that information or to the possession of that document in his own right;
to any person who would have been empowered under article 13, 14 or 15 above to request that it be furnished or produced or to any person holding or acting in any office under or in the service of the Crown in respect of the Government of the United Kingdom or under or in the service of the States of Guernsey or Alderney or the Chief Pleas of Sark or, as the case may be, the States of Jersey;
on the authority of the Attorney General, to any organ of the United Nations or to any person in the service of the United Nations or of the Government of any other country for the purpose of assisting the United Nations or that Government in securing compliance with or detecting evasion of measures in relation to Angola decided upon by the Security Council of the United Nations; or
with a view to the institution of, or otherwise for the purposes of, any proceedings for an offence under this Order or, with respect of any of the matters regulated by this Order, for an offence under any enactment relating to customs, or for an offence under any provision of law with respect to similar matters that is for the time being in force in the Bailiwick of Guernsey or the Bailiwick of Jersey.
2
Any power conferred by article 13, 14 or 15 above to request the furnishing of information or the production of a document or of cargo for inspection shall include a power to specify whether information should be furnished orally or in writing and in what form and to specify the time by which and the place in which the information should be furnished or the document or cargo produced for inspection.
3
Each of the following persons shall be guilty of an offence under this Order, that is to say —
a
a master of a ship who disobeys any direction given under article 13(2)(a) above;
b
a master of a ship or a charterer or an operator or a commander of an aircraft or an operator or a driver of a vehicle who —
i
without reasonable excuse, refuses or fails within a reasonable time to comply with any request made under article 13, 14 or 15 above by any person empowered to make it, or
ii
wilfully furnishes false information or produces false documents to such a person in response to such a request;
c
a master or a member of a crew of a ship or a charterer or an operator or a commander or a member of a crew of an aircraft or an operator or a driver of a vehicle who wilfully obstructs any person (or any person acting under the authority of that person) in the exercise of his powers under article 13, 14 or 15 above.
4
Nothing in this article or articles 13 to 15 above shall be construed so as to prejudice any other provision of law conferring powers or imposing restrictions or enabling restrictions to be imposed with respect to ships, aircraft or vehicles.
Obtaining of evidence and information
17
The provisions of Schedule 2 to this Order shall have effect in order to facilitate the obtaining of evidence and information for the purpose of securing compliance with or detecting evasion of this Order and in order to facilitate the obtaining of evidence of the commission of an offence under this Order or, with respect to any of the matters regulated by this Order, of an offence under any enactment relating to customs or of an offence against any provision of law with respect to similar matters for the time being in force in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey.
Investigations by the Agent of the Impôts
18
Where, in the case of the Bailiwick of Jersey, the Agent of the Impôts or any officer of the Impôts investigates or proposes to investigate any matter with a view to determining whether there are grounds for believing that an offence under this Order has been committed, that matter shall be treated as an assigned matter within the meaning of Article 1(1) of the Customs and Excise (General Provisions) (Jersey) Law, 1972.
Penalties and proceedings
19
1
Any person guilty of an offence under article 6(3) or 9(2) above shall be liable in the Bailiwick of Guernsey —
a
on conviction on indictment to imprisonment for a term not exceeding seven years or to a fine or to both;
b
on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both,
and, in the Bailiwick of Jersey, on conviction to imprisonment for a term not exceeding seven years or to a fine or to both.
2
Any person guilty of an offence under article 16(3)(b)(ii) above or paragraph 5(b) or (d) of Schedule 2 to this Order shall be liable, in the Bailiwick of Guernsey —
a
on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both;
b
on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both,
and, in the Bailiwick of Jersey, on conviction to imprisonment for a term not exceeding two years or to a fine or to both.
3
Any person guilty of an offence under article 11(1) or (2) or article 12(3) above shall be liable, in the Bailiwick of Guernsey —
a
on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both;
b
on summary conviction to a fine not exceeding the statutory maximum,
and, in the Bailiwick of Jersey, on conviction to imprisonment for a term not exceeding two years or to a fine or to both.
4
Any person guilty of an offence under article 10 or article 12(2) above shall be liable —
a
in the Bailiwick of Guernsey, on summary conviction to a fine not exceeding level 5 on the standard scale; and
b
in the Bailiwick of Jersey, on conviction to a fine.
5
Any person guilty of an offence under article 16(3)(a), (b)(i) or (c) above or paragraph 5(a) or (c) of Schedule 2 to this Order shall be liable —
a
in the Bailiwick of Guernsey, on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both; and
a
in the Bailiwick of Jersey, on conviction to imprisonment for a term not exceeding six months or to a fine or to both.
6
Where any body corporate is guilty of an offence under this Order, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
7
Summary proceedings in the Bailiwick of Guernsey and any proceedings in the Bailiwick of Jersey for an offence under this Order, being an offence alleged to have been committed outside the Bailiwick in question, may be commenced at any time not later than 12 months from the date on which the person charged first enters that Bailiwick after committing the offence.
8
Proceedings against any person for an offence under this Order, in its application to the Bailiwick of Guernsey, may be taken before the appropriate court in the Bailiwick having jurisdiction in the place where that person is for the time being.
9
No proceedings for an offence under this Order, in its application to the Bailiwick of Jersey, shall be instituted except by, or with the consent of, the Attorney General for Jersey:
Provided that this paragraph shall not prevent the arrest of any person in respect of such an offence, or the remand in custody or on bail of any person charged with such an offence, notwithstanding that the necessary consent to the institution of proceedings for the offence has not been obtained.
Exercise of powers
20
1
The Lieutenant Governor or, as the case may be, the Finance and Economics Committee, or the Attorney General, may to such extent and subject to such restrictions and conditions as he or it may think proper, delegate or authorise the delegation of any of his or its powers under this Order (other than the power to give authority under Schedule 2 to this Order to apply for a search warrant) to any person, or class or description of persons, approved by him or it, and references in this Order to the Lieutenant Governor, Finance and Economics Committee and Attorney General shall be construed accordingly.
2
Any licence granted under this Order may be either general or special, may be subject to or without conditions, may be limited so as to expire on a specified date unless renewed and may be varied or revoked by the authority which granted it.
N. H. Nicholls
Clerk of the Privy Council


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Breckland) Designation (Amendment) Order 1998 and shall come into force on 22nd June 1998.
Interpretation
2
In this Order “the principal Order ” means the Environmentally Sensitive Areas (Breckland) Designation Order 1993 , as amended at the date that this Order comes into force.
Amendment of the principal Order
3
The principal Order shall be amended in accordance with the following provisions of this Order.
4
In article 2(1) of the principal Order, the provisions immediately following the words “In this Order — ” to the end of article 2(1), in so far as they were made under section 18 of the Agriculture Act 1986, shall be deleted and the following definitions shall be inserted at their appropriate alphabetical place:
“agreement” means an agreement under section 18(3) of the Agriculture Act 1986 as respects agricultural land in the area designated by article 3;
“capital activity” means an activity specified in Schedule 1;
“conservation headland” means a strip of land at least six metres wide along the edge of a field growing arable crops that is subject to restrictions on the use of fertilisers and herbicides;
“conservation plan” means a plan incorporated into an agreement for the carrying out of one or more capital activities within a specified period;
“cultivated land” means land which is regularly ploughed or otherwise cultivated or that is regularly treated with fertilisers;
“farmer” means a person who has an interest in agricultural land in the area designated by article 3, and who has also entered into an agreement with the Minister;
“grassland” means land on which the vegetation consists primarily of grass species;
“heathland” means sandy or chalky land which is free-draining and covered by semi-natural vegetation;
“management activity” means an activity specified in Schedule 2;
“public access route” means a strip of land which is the subject of an agreement and on which access is given to the public;
“relevant date” means 22nd June 1998;
“river valley grassland” means land on which the vegetation consists primarily of grass species and on which the soil is not predominantly free-draining;
“uncropped wildlife strips” means a strip of land at least six metres wide at the edge of a field used for arable cropping which is subject to restrictions on the use of fertilisers, herbicides, pesticides, nutrients and other agricultural admixtures;
“winter stubble” means the residue of stalks and other plant material remaining after harvest of a cereal or linseed crop and which is not removed over the winter period; and
“woodland” means land used for woodland where that use is ancillary to the farming of land for other agricultural purposes.
.
5
In article 3 of the principal Order, for the words “dated 3rd March 1993, signed and sealed by the Minister” there shall be substituted “dated 18th May 1998, signed on behalf of the Minister by the Parliamentary Secretary”.
6
For article 4 of the principal Order and the heading thereto there shall be substituted the following article and heading —
Matters in respect of which payments may be made
4
Payments to be made by the Minister under an agreement may be made in respect of a capital activity or a management activity.
.
7
For article 5 of the principal Order and the heading thereto there shall be substituted the following article and heading —
Rates of payment
5
1
Payments to be made by the Minister under an agreement shall not exceed —
a
in the case of a management activity, the rate specified in respect of that activity in column 2 of Schedule 2; and
b
in the case of one or more capital activities included in a conservation plan, £100,000 in aggregate.
2
Any works which form part of an activity which constitutes both a management activity and a capital activity may by virtue of an agreement be eligible for payment either as part of a management activity or as part of a capital activity, but the agreement together with any conservation plan incorporated in it shall not provide for payment to be made on both such bases in respect of the same works.
.
8
For Schedule 1 to the principal Order there shall be substituted the Schedule set out in Schedule 1 to this Order.
9
For Schedule 2 to the principal Order there shall be substituted the Schedule set out in Schedule 2 to this Order.
10
The following provisions of the principal Order shall be deleted —
a
articles 4A, 6 and 7; and
b
Schedules 3, 4, 5, 6 and 6A.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
18th May 1998
We consent,
Graham Allen
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
19th May 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the South Warwickshire Combined Care National Health Service Trust (Establishment) Order 1998 and shall come into force on 1st April 1998.
2
In this Order, unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of or Schedule 1 to the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 1st April 1998;
“the trust” means the South Warwickshire Combined Care National Health Service Trust established by article 2 of this Order.
Establishment and name of the trust
2
There is hereby established an NHS trust which shall be called the South Warwickshire Combined Care National Health Service Trust.
Functions of the trust
3
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be: —
a
to provide and manage pursuant to section 5(1)(b) of the Act St. Michael’s Hospital, St. Michael’s Road, Warwick, Warwickshire CV34 5QW, Community Health Offices, Alcester Road, Stratford-upon-Avon CV37 6PW and associated hospitals, and there to provide hospital accommodation and services; and
b
to provide and manage pursuant to section 5(1)(b) of the Act St. Michael’s Hospital, St. Michael’s Road, Warwick, Warwickshire CV34 5QW, Community Health Offices, Alcester Road, Stratford-upon-Avon CV37 6PW and associated premises, and there to provide community health services.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 executive directors and 5 non-executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1998.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between the establishment date and the operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance by Health Authority before operational date
7
1
The Warwickshire Health Authority shall discharge the liabilities of the trust incurred during the period from and including the establishment date until the operational date that are of a description specified in paragraph (2) of this article.
2
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
Restriction on disposal of assets
8
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
Alan Milburn
Minister of State,
Department of Health
3rd March 1998


text:
Citation and commencement
1
This Order may be cited as the Non-Domestic Rating (Rural Settlements) (England) Order 1998 and shall come into force on 24th March 1998.
Designation of rural areas
2
There are designated as rural areas for the purposes of section 42A (rural settlement lists) of the Local Government Finance Act 1988 the parishes and other areas named or described in the second column of the Schedule in the counties named in the first column.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
25th February 1998


text:
Citation and commencement
1
These Regulations may be cited as the National Health Service (Vocational Training for General Medical Practice) Amendment Regulations 1998 and shall come into force on 1st April 1998.
Amendment of the National Health Service (Vocational Training for General Medical Practice) Regulations 1997
2
1
The National Health Service (Vocational Training for General Medical Practice) Regulations 1997 shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 2(1) (interpretation), in the definition of “General Practice ( GP ) Registrar” —
a
in sub-paragraph (b), at the end, omit the word “and”;
b
in sub-paragraph (c), after the words “General Practice Approval Board;”, insert the word “and”; and
c
after sub-paragraph (c), insert the following sub-paragraph —
d
includes a practitioner who is being trained in general practice by a practitioner who performs personal medical services in connection with a pilot scheme under section 1(1) of the National Health Service (Primary Care) Act 1997;
.
3
In regulation 7 (approval of trainers) —
a
in paragraph (1), omit sub-paragraph (a); and
b
in paragraph (4), omit the words “whose name is included in a medical list”.
4
In regulation 9 (satisfactory completion of prescribed experience), for paragraphs (3) and (4), substitute the following paragraphs —
3
Subject to paragraph (1) and Schedule 2, the Joint Committee shall from time to time determine and publish the curriculum (or alternative curricula) to be followed by a General Practice (GP) Registrar and the procedure (or alternative procedures) for carrying out summative assessment of a General Practice (GP) Registrar who has followed a particular curriculum.
4
A practitioner may elect to be assessed on the basis of a curriculum and associated procedure which was current at the time he started training as a General Practice (GP) Registrar, or on the basis of a curriculum and associated procedure which was current at any other time during the period of his training.
.
Amendment of the National Health Service (Vocational Training for General Medical Practice) (Scotland) Regulations 1998
3
1
The National Health Service (Vocational Training for General Medical Practice) (Scotland) Regulations 1998 shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 2(1) (interpretation), in the definition of “General Practice (GP) Registrar”, at the end, insert “and a practitioner who is being trained in general practice by a practitioner who performs personal medical services in connection with a pilot scheme under section 1(1) of the National Health Service (Primary Care) Act 1997”.
3
In regulation 7 (approval of trainers), in paragraph (1), omit sub-paragraph (a).
4
In regulation 9 (satisfactory completion of prescribed experience), for paragraphs (3) and (4), substitute the following paragraphs —
3
Subject to paragraph (1) and Schedule 2, the Joint Committee shall from time to time determine and publish the curriculum (or alternative curricula) to be followed by a General Practice (GP) Registrar and the procedure (or alternative procedures) for carrying out summative assessment of a General Practice (GP) Registrar who has followed a particular curriculum.
4
A practitioner may elect to be assessed on the basis of a curriculum and associated procedure which was current at the time he started training as a General Practice (GP) Registrar, or on the basis of a curriculum and associated procedure which was current at any other time during the period of his training.
.
Amendment of the Vocational Training for General Medical Practice (European Requirements) Regulations 1994
4
In the Vocational Training for General Medical Practice (European Requirements) Regulations 1994 , in regulation 5(1) (acquired rights), after the words “providing general medical services”, insert “or performing personal medical services (within the meaning of section 1(8) of the National Health Service (Primary Care) Act 1997)”.
Frank Dobson
One of Her Majesty’s Principal Secretaries of State,
Department of Health
11th March 1998
Sam Galbraith
Minister for Health, The Scottish Office
11th March 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No.2) Order 1998 and shall come into force at 22.00 hours on 29th June 1998.
2
In this Order “scallops” means scallops of the class of pecten maximus and queen scallops of the class of chlamys opercularis , and “relevant time” means 00.01 hours on 30th June 1998.
Designated circumstances
2
In the opinion of the Secretary of State, scallops in the area designated in article 3 below may be affected by the toxin which causes paralytic shellfish poisoning in human beings and are likely to create a hazard to human health of they are consumed.
Designated area
3
The area described in the Schedule to this Order is hereby designated for the purposes of Part I of the Food and Environment Protection Act 1985.
Activity prohibited in the designated area
4
No person shall fish for or take any scallops in the designated area.
Prohibited movement of scallops
5
No person shall move any scallops out of the designated area.
Restrictions throughout the United Kingdom
6
No person shall in the United Kingdom or in United Kingdom waters–
a
use any scallops taken out of the designated area after the relevant time in the preparation or processing for supply of food and anything from which food could be derived,
b
land any scallops which were in waters in the designated area after the relevant time,
c
supply, or have in possession for supply, any scallops which were in the designated areas after the relevant time,
d
supply, or have in possession for supply, any food or anything from which food could be derived in the preparation or processing of which anything was used in contravention of paragraph (a) of this article,
e
feed to any creature a feeding stuff in the preparation or processing of which anything was used in contravention of paragraph (a) of this article.
J R Wildgoose
Assistant Secretary, Scottish Office
Pentland House,
Edinburgh
29th June 1998


text:
1
These Rules may be cited as the Indictments (Procedure) (Modification) Rules 1998 and shall come into force on 4th January 1999.
2
1
The Indictments (Procedure) Rules 1971 shall have effect in any area from which a person is sent for trial under section 51 of the Crime and Disorder Act 1998 as if they were amended as follows.
2
In rule 2–
a
after the entry in respect of “committal proceedings”, there shall be inserted–
“sending for trial” means the sending of a person by a magistrates' court to the Crown Court for trial under section 51 of the Crime and Disorder Act 1998;
;
b
after the entry in respect of “committal documents” (but before the proviso), after the words “tendered at any committal proceedings”, there shall be inserted:
;
“given documents” means documents given to the Crown Court under paragraph 1 of Schedule 3 to the Crime and Disorder Act 1998 where a person is sent for trial under section 51 of that Act
; and
c
in the proviso–
i
after the words “committal documents”, there shall be inserted the words “or given documents”; and
ii
after the words “Magistrates' Courts Act 1980”, there shall be inserted “or paragraph 1 of Schedule 3 to the Crime and Disorder Act 1998”.
3
In rule 5(1), after sub-paragraph (c), there shall be inserted the following–
;
d
where a person is sent for trial under section 51 of the Crime and Disorder Act 1998, within a period of 28 days commencing with the date on which copies of the documents containing the evidence on which the charge or charges are based are served under paragraph 1 of Schedule 3 to that Act
.
4
In rule 8–
a
at the end of sub-paragraph (a), the word “and” shall be omitted; and
b
after sub-paragraph (b), there shall be inserted the following:
; and
c
shall state whether there has been any sending for trial and any application for dismissal under paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998, and the result of any such application
5
In rule 9–
a
in paragraph (1), after the words “committal proceedings”, there shall be inserted the words “and no sending for trial”;
b
in paragraph (2)–
i
after the words “accused for trial,”, there shall be inserted “or there has been a sending for trial, and the charge or charges have been withdrawn or dismissed,”;
ii
after the words “committal documents” (on each occasion where they appear), there shall be inserted the words “or given documents”; and
c
in paragraph (3)–
i
after the word “committed”, there shall be inserted the words “or sent”; and
ii
after the words “committal documents” (on each occasion where they appear), there shall be inserted the words “or given documents”.
Irvine of Lairg, C.
Dated 6th December 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Lothian Primary Care National Health Service Trust (Establishment) Order 1998 and shall come into force on 2nd November 1998.
2
In this Order, unless the context otherwise requires–
“ the Act ” means the National Health Service (Scotland) Act 1978;
“establishment date” means 2nd November 1998;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 7A to the Act;
“the trust” means Lothian Primary Care 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 Lothian Primary Care National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 12A(1)(b) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more Health Boards) shall be to provide and manage hospital accommodation and facilities at the Royal Edinburgh Hospital and Astley Ainslie Hospital, both Edinburgh, and at Roodlands Hospital, Haddington and at establishments associated with those hospitals, and also including the management of any teaching and research facilities associated with those establishments and the support services related thereto.
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.
Limited functions before operational date
6
Between its establishment date and its operational date in order to enable it to begin to operate satisfactorily from the operational date the trust shall have the limited functions–
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment;
c
of doing such other things as are reasonably necessary for the said purposes.
Assistance by Health Board before operational date
7
1
The Lothian Health Board shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (2) of this article, and provided that the liabilities have been incurred with the prior consent of the said Board.
2
The liabilities referred to in the preceding paragraph are–
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
3
The Health Board specified for the purposes of paragraph 3(1)(f) of Schedule 7A to the Act (body which is to make the scheme under section 12B of the Act for the transfer of staff) in relation to the trust shall be the Lothian Health Board.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 7A to the Act (maximum value of freely disposable assets) in relation to the trust shall be £500,000.
Sam Galbraith
Minister for Health, Scottish Office
St Andrew’s House,
Edinburgh
30th October 1998


text:
1
This Order may be cited as the Immigration (Transit Visa) (Amendment) Order 1998 and shall come into force on 5th February 1998.
2
Article 2 of the Immigration (Transit Visa) Order 1993 shall be amended by the insertion, after the words “to this Order”, of the words “, or a person holding a travel document issued by the purported “Turkish Republic of Northern Cyprus”,”.
Mike O'Brien
Parliamentary Under-Secretary of State
Home Office
14th January 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Glan-y-Môr National Health Service Trust (Transfer of Trust Property) Order 1998 and shall come into force on 31st March 1998.
2
In this Order —
“the Authority” means Morgannwg Health Authority;
“the Trust” means Glan-y-Môr National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 31st March 1997, which schedule has been signed on behalf of the Authority and the Trust.
Transfer of trust property
2
On 31st March 1998 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
6th March 1998


text:
1
This Order may be cited as the NCIS (Secretary of State’s Objectives) Order 1998 and shall come into force on 13th February 1998.
2
The objectives for the National Criminal Intelligence Service (“NCIS”) are —
a
to improve the quality of criminal intelligence available from overseas about criminals engaged in serious and organised transnational crime which impacts on the United Kingdom;
b
to improve the quality of criminal intelligence available to combat serious and organised crime within the United Kingdom.
Alun Michael
Minister of State
Home Office
20th January 1998


text:
Citation and commencement
1
This Order may be cited as the Rugby National Health Service Trust (Dissolution) Order 1998 and shall come into force on 1st April 1998.
Dissolution of NHS trust
2
The Rugby National Health Service Trust established by the Rugby National Health Service Trust (Establishment) Order 1990 is dissolved, and accordingly that Order is revoked.
Signed by authority of the Secretary of State for Health
Alan Milburn
Minister of State
Department of Health
19th March 1998