text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Electrical Equipment for Explosive Atmospheres (Certification) (Amendment) Regulations 1999 and shall come into force on 11th October 1999.
2
In these Regulations, “the principal Regulations ” means the Electrical Equipment for Explosive Atmospheres (Certification) Regulations 1990 .
Amendment of the principal Regulations
2
1
The principal Regulations shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 2(1), in the definition of “the Gassy Mines Directive” for the words “Commission Directive” where they appear for the third time there shall be substituted the words “Commission Directives” and at the end of the said definition there shall be added “and 98/65/ EC ”.
3
For regulation 12 there shall be substituted the following:–
Transitional provisions in respect of electrical equipment to which the Gassy Mines Directive applies
12
1
The provisions of the following paragraphs of this regulation shall apply to electrical equipment to which the Gassy Mines Directive applies.
2
Subject to paragraph (4) below, on or after the coming into force date of the Electrical Equipment for Explosive Atmospheres (Certification) (Amendment) Regulations 1999 (in this regulation referred to as “the effective date”), a manufacturer of electrical equipment may apply to a certification body (which has been appointed for the purpose set out in regulation 3(1)(a) of the unamended Regulations in respect of the electrical equipment for which the application is made) for a certificate of conformity attesting that the electrical equipment which is the subject of the application conforms to the harmonised standards prescribed for that equipment in the unamended Regulations; and in that case the provisions of the unamended Regulations, as appropriate, shall apply as if the application had been made under regulation 4 of those Regulations.
3
Subject to paragraph (4) below, an application for a certificate of conformity made under regulation 4 or for review under regulation 7 of the unamended Regulations before the effective date shall continue to be dealt with under the unamended Regulations.
4
No certificate of conformity shall be issued by a certification body under paragraphs (2) or (3) above in respect of electrical equipment after 30th June 2003.
5
Subject to regulation 6 and without prejudice to paragraph (6) below, a certificate of conformity issued in accordance with the unamended Regulations before 1st July 2003, in respect of electrical equipment irrespective of whether such certificate was issued before, on or after the effective date, shall be regarded as in force for the purposes of regulation 11 (use of the distinctive Community mark) up to and including 30th June 2003.
6
Subject to regulation 6 a certificate of conformity issued–
a
before 1st January 1993 in accordance with regulation 12 of these Regulations as amended by the Electrical Equipment for Explosive Atmospheres (Certification) (Amendment) ( No. 2) Regulations 1991 applying the harmonised standards in force immediately before 31st December 1991, or,
b
before 1st January 1997 in accordance with regulation 12 of the principal Regulations applying the harmonised standards in force immediately before 26th May 1995,
shall be regarded as in force for the purposes of regulation 11 up to and including 30th June 2003.
7
In this regulation “the unamended Regulations” means these Regulations as in force immediately before the effective date.
.
Amendment of The Electricity at Work Regulations
3
In sub-paragraph (d) of regulation 19(2) of The Electricity at Work Regulations 1989 , for the words “and 94/44/EC” there shall be substituted, “, 94/44/EC and 98/65/EC ” and this substitution shall have effect as if it had been made under section 15 of the Health and Safety at Work etc. Act 1974 and the provisions of that Act as regards enforcement and offences shall apply to that sub-paragraph.
Sainsbury of Turville
Minister for Science and Innovation,
Department of Trade and Industry
9th September 1999


type: legislation

jurisdiction: UK

text:
Commencement and citation
1
This Order may be cited as The A3 Trunk Road (Kingston Upon Thames) Red Route Traffic Order 1996 Variation Order 1999, and shall come into force on 18th October 1999.
Variations
2
The A3 Trunk Road (Kingston Upon Thames) Red Route Traffic Order 1996 is varied by the following provisions of this Order.
3
In Schedule 1, insert the following item after item 3: —
3A
Robin Hood Way, west side service road, between its junction with the A3 and a point 3 metres north of the common boundary of Nos. 211 and 213 Robin Hood Way.
4
In Schedule 1, for item 14 substitute the following item: —
14
Malden Way, south east side, service road, between a point opposite the common boundary of Nos. 244 and 246 Malden Way and a point opposite the common boundary of Nos. 260 and 262 Malden Way, including the eastern slip road from the A3 Malden Way to South Lane, the western slip road from South Lane to A3 Malden Way and the access from A3 Malden Way to the service road adjacent to No. 252 Malden Way.
5
In Schedule 2B, insert the following item after item 2:
2A. Hook Rise North — service road fronting Nos. 320 to 342 Hook Rise North, north side, between a point opposite the common boundary of Nos. 332 and 334 Hook Rise North and a point opposite the common boundary of Nos. 342 and 340 Hook Rise North. 7am-7pm Monday-Saturday inclusive 1 hour 2 hours
6
In Schedule 2B, insert the following item after item 3: —
3A. Hook Rise North — service road fronting Nos. 320 to 342 Hook Rise North, north side, between a point 1 metre north east of the common boundary of Nos. 330 and 328 Hook Rise North and a point 12 metres south east of the south eastern flank wall of No. 322 Hook Rise North. At any time — —
7
In Schedule 4, insert the following item after item 8: —
8A
Robin Hood Way, west side service road, between its junction with the A3 and a point 3 metres north of the common boundary of Nos. 211 and 213 Robin Hood Way.
8
In Schedule 4, for item 23 substitute the following item: —
23
Malden Way, south east side, service road, between a point opposite the common boundary of Nos. 244 and 246 Malden Way and a point opposite the common boundary of Nos. 260 and 262 Malden Way, including the eastern slip road from the A3 Malden Way to South Lane, the western slip road from South Lane to A3 Malden Way and the access from A3 Malden Way to the service road adjacent to No. 252 Malden Way.
Signed in accordance with a direction from the Secretary of State
Derek Turner
Traffic Director for London
8th October 1999


text:
1
This Order may be cited as the Combined Probation Areas (Berkshire) Order 1999 and shall come into force on 1st April 1999 save that, for the purposes of making appointments to the probation committee for Berkshire to take effect on that date, this Order shall come into force forthwith.
2
For that part of the Combined Probation Areas Order 1986 which relates to the Berkshire area , there shall be substituted the following–
(1) (2) (3) Petty Sessions Area Probation Area Number of Justices on Probation Committee
East Berkshire Berkshire 7 Reading 6 West Berkshire 3
Gareth Williams
Minister of State
Home Office
26th March 1999


text:
1
1
This Order may be cited as the Combined Probation Areas (Staffordshire) Order 1999.
2
This Order shall come into force on 1st January 2000 save that, for the purposes of making appointments to the probation committee for Staffordshire to take effect on that date, this Order shall come into force forthwith.
2
For that part of Schedule 2 to the Combined Probation Areas Order 1986 which relates to the Staffordshire area , there shall be substituted the following–
(1) (2) (3) Petty Sessions Area Probation Area Number of Justices on Probation Committee
Burton upon Trent Staffordshire 1 Cannock and Seisdon 3 Lichfield and Tamworth 2 Mid Staffordshire and Rugeley 3 North Staffordshire 3 Stoke-on-Trent 4
Paul Boateng
Minister of State
Home Office
9th December 1999


text:
1
This Order may be cited as the Public Telecommunication System Designation (Enitel ASA) Order 1999 and shall come into force on 7th December 1999.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Patricia Hewitt,
Minister for Small Business and E-Commerce,
Department of Trade and Industry
28th October 1999


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Hertfordshire) (Borough of Watford) (Amendment) Order 1999 and shall come into force on 5th July 1999.
Preliminary
2
The Road Traffic (Permitted Parking Area and Special Parking Area) (County of Hertfordshire) (Borough of Watford) Order 1997 shall be amended in accordance with the following provisions of this Order.
Amendment of paragraph 5 of Schedule 1
3
For paragraph 5 of Schedule 1 there shall be substituted–
5
1
Section 73 shall be modified as follows–
2
For subsections (1) to (3) there shall be substituted–
1
The functions conferred on the parking authority by this section shall be discharged by it through a joint committee (the “Joint Committee”) set up in pursuance of arrangements entered into by it under section 101(5) of the Local Government Act 1972 with two or more other local authorities.
2
In subsection (1) “local authorities” means authorities which are county or district councils in England or county or county borough councils in Wales in whose areas permitted parking areas or special parking areas have been designated under Schedule 3 to this Act.
3
The parking authority shall–
a
with the consent of the Lord Chancellor appoint persons to act as parking adjudicators for the purposes of this Act in relation to the special parking area and the permitted parking area;
b
provide or secure the provision of accommodation and administrative staff for parking adjudicators so appointed; and
c
determine the places at which such parking adjudicators are to sit.
3
In subsection (5) for the words “the London authorities” there shall be substituted “the parking authority”.
4
Subsections (8) to (10) shall be omitted.
Signed by authority of the Secretary of State
Glenda Jackson
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
13th June 1999


text:
Title and commencement
1
These Regulations may be cited as the Fish Producers' Organisations (Formation Grants) Regulations 1999 and shall come into force on 4th May 1999.
Interpretation
2
In these Regulations–
“administrative expenses” means–
the expenses specified in Article 1(1)(a) of Commission Regulation 1452/83/ EEC (which relate to the formation of an organisation); and
any administrative expenses specified in the other provisions of that Article which are incurred by a recognised organisation during the specified period;
“the appropriate Minister” means, in relation to an organisation’s economic area or such part of its area as lies within the United Kingdom, where the area or that part is located wholly or mainly–
in England, the Minister of Agriculture, Fisheries and Food;
in Wales, the Secretary of State for Wales;
in Scotland, the Secretary of State for Scotland; and
in Northern Ireland, the Department of Agriculture for Northern Ireland;
“the Commission” means the Commission of the European Communities;
“Commission Regulation 1452/83/EEC” means Commission Regulation 1452/83/EEC defining the administrative expenses of producers' organisations in the fishery products sector ;
“Council Regulation 105/76/EEC” means Council Regulation 105/76/EEC on the recognition of producers' organisations in the fishing industry (as amended by Commission Regulation 3940/87/EEC ), and the reference below in the definition of “recognised” to Article 2 of Council Regulation 105/76/EEC includes the requirements of that Article as amplified by Commission Regulation 2939/94/ EC and Commission Regulation 1762/96/EC ;
“Council Regulation 3759/92/EEC” means Council Regulation 3759/92/EEC on the common organisation of the market in fishery and aquaculture products (as amended by Council Regulation 3318/94/EC );
“the Court of Auditors” means the Court of Auditors established by Article 15 of the Treaty amending certain financial provisions of the Treaties establishing the European Communities and of the Treaty establishing a single Council of the European Communities ;
“economic area”, in relation to an organisation, means (as the case may require) the area referred to in Article 2(1) of, or the production area referred to in Article 2(3) of, Commission Regulation 2939/94/EC (as amended by Commission Regulation 1762/96/EC);
“grant” means a formation grant under these Regulations;
“organisation” means a fish or aquaculture producers' organisation, or an association of such organisations, which has its registered office in the United Kingdom;
“recognised” means recognised by the appropriate Minister, for the purposes of Council Regulation 3759/92/EEC, in accordance with Article 2 of Council Regulation 105/76/EEC, and “recognition” shall be construed accordingly;
“the specified period” means the period of three years immediately following the date on which an organisation was recognised.
Payment of grant
3
The appropriate Minister may make grants to recognised organisations in respect of any administrative expenses incurred to the extent permitted under the rules contained in–
a
Council Regulation 3140/82/EEC on granting and financing aid granted by Member States to producers' organisations in the fishery products sector ;
b
Commission Regulation 1452/83/EEC (defining the administrative expenses of producers' organisations in the fishery products sector);
c
Council Regulation 3759/92/EEC (on the common organisation of the market in fishery and aquaculture products);
d
Council Regulation 2468/98/EC laying down the criteria and arrangements regarding Community structural assistance in the fisheries and aquaculture sector and the processing and marketing of its products .
Application for grant
4
An application for grant shall be made in writing to the appropriate Minister in such form and with such information and such documents relating to that application as the appropriate Minister may require.
Conditions of grant
5
1
An organisation whose application for grant has been accepted shall preserve and make available for inspection by persons appointed for that purpose by the appropriate Minister, the Comptroller and Auditor General, the Commission or the Court of Auditors during business hours all books, papers and other records relating to the application for grant, until the expiry of the period of five years immediately following the date on which the final sum by way of grant is paid to the organisation.
2
Payment of grant to an organisation may be made subject to such other condition or conditions as (subject to the rules mentioned in regulation 3) the appropriate Minister may think fit.
Recovery of grant
6
1
If during the specified period an organisation to which any sum by way of grant has been paid ceases to be recognised or is dissolved the appropriate Minister may on demand recover an amount equal to that sum or such part thereof as he may specify.
2
If, at any time after a sum by way of grant has been paid to an organisation, it appears to the appropriate Minister–
a
that a requirement of regulation 5(1), or that any other condition subject to which that sum was paid, has not been complied with; or
b
that the organisation, or any person acting on its behalf, when applying for payment of that sum gave information on any matter relevant to the consideration of that application which was false or misleading in a material respect,
he may on demand recover an amount equal to that sum or such part thereof as he may specify.
Offences and penalties
7
1
If an organisation or any other person, for the purposes of obtaining a grant for the organisation, in furnishing any information in purported compliance with a requirement imposed under regulation 4 intentionally or recklessly makes a statement or produces a document which is false or misleading in a material respect, it or he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
2
If an organisation fails to comply with any requirement imposed by regulation 5(1), or intentionally obstructs a person appointed as mentioned in that regulation (or a person accompanying him and acting on his instructions) acting for the purpose of that regulation, it shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
3
Proceedings for an offence under paragraph (1) or (2) above may, subject to paragraph (4) below, be commenced within the period of six months from the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings comes to his knowledge.
4
No such proceedings shall be commenced by virtue of this regulation more than five years after the commission of the offence.
5
For the purposes of this regulation–
a
a certificate signed by or on behalf of the prosecutor and stating the date on which evidence sufficient in his opinion to warrant the proceedings came to his knowledge shall be conclusive evidence of that fact;
b
a certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.
6
In relation to proceedings in Scotland, subsection (3) of section 136 of the Criminal Procedure (Scotland) Act 1995 (date of commencement and proceedings) shall apply for the purposes of this regulation as it applies for the purposes of that section.
7
Where an offence under this regulation which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a 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 be liable to be proceeded against and punished accordingly.
8
Where the affairs of a body corporate are managed by its members, paragraph (7) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
Prosecutions
8
Proceedings for an offence under regulation 7 shall not, in England and Wales or Northern Ireland, be instituted except by the appropriate Minister.
Revocations and transitional saving
9
1
The Fish Producers' Organisations (Formation Grants) Scheme 1982 (“the 1982 Scheme ”) and the Fish Producers' Organisations (Formation Grants) (Amendment) Scheme 1985 are hereby revoked, subject to paragraph (2) below.
2
The revocations in paragraph (1) shall not affect the continued operation of paragraphs 5 and 6 of the 1982 Scheme in the case of any sum paid by way of grant under either of the Schemes.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
12th April 1999
Sewel
Parliamentary Under Secretary of State, Scottish Office
9th April 1999


text:
Part I
Introductory
Title and commencement
1
These Regulations may be cited as the Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations 1999 and shall come into force on 30th June 1999.
Interpretation
2
1
In these Regulations, unless the context otherwise requires–
“ the Act ” means the Food Safety Act 1990;
“bottle”, the noun, means a closed container of any kind in which water is sold for human consumption or from which water sold for human consumption is derived, and “bottle”, the verb, and cognate expressions, shall be construed accordingly;
“bottled drinking water” means drinking water which is bottled;
“Directive 80/777” means Council Directive 80/777/ EEC on the approximation of the laws of the Member States relating to the exploitation and marketing of natural mineral waters as amended by Directive 96/70/ EC of the European Parliament and of the Council ;
“Directive 80/778” means Council Directive 80/778/EEC relating to the quality of water intended for human consumption ;
“drinking water” means water intended for sale for human consumption other than–
natural mineral water; or
water which is marked or labelled “spring water” in accordance with regulation 11;
“ EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992, as adjusted by the Protocol signed at Brussels on 17th March 1993;
“EEA State” means a State which is a Contracting Party to the EEA Agreement;
“effervescent natural mineral water” means natural mineral water which conforms with the supplementary qualifications in Section III of Annex I;
“the exploitation and bottling requirements” means–
the requirements in the first and second unlettered sub-paragraphs of paragraph 2 of Annex II ; and
the requirement in regulation 8(5);
“the Minister” means the Minister of Agriculture, Fisheries and Food;
“natural mineral water” means water which–
is microbiologically wholesome;
originates in an underground water table or deposit and emerges from a spring tapped at one or more natural or bore exits;
can be clearly distinguished from ordinary drinking water by the characteristics referred to in paragraph 1 of Section I of Annex I; and
is for the time being recognised for the purposes of Article 1 pursuant to regulation 4;
“parameter” means a property, element, organism or substance listed in the second column of the Tables in Part II of Schedule 3;
“prescribed concentration or value”, in relation to any parameter, means the concentration or value specified in relation to that parameter in the Tables in Part II of Schedule 3 as measured by reference to the unit of measurement so specified;
“recognised” means recognised in Great Britain;
“relevant authority” means–
in England, the council of a district or London Borough;
in Wales, the council of each county or county borough; and
in Scotland, each council constituted by section 2 of the Local Government etc. (Scotland) Act 1994 ; and
“sell” includes possess for sale and offer, expose or advertise for sale, and “sale” shall be construed accordingly.
2
Other expressions used both in these Regulations and in Council Directive 80/777 or 80/778 have, in so far as the context admits, the same meaning in these Regulations as they bear in that Directive.
3
Any reference in these Regulations to a numbered Article or Annex is, save where the contrary intention appears, a reference to the Article or Annex so numbered in Directive 80/777.
4
Any reference in these Regulations to a numbered regulation or Schedule is, save where the contrary intention appears, a reference to the regulation or Schedule so numbered in these Regulations.
Exemptions
3
These Regulations do not apply to any water which–
a
has a product licence issued under the provisions of the Medicines Act 1968 or a marketing authorisation to which the Marketing Authorisations for Veterinary Medicinal Products Regulations 1994 apply, or a marketing authorisation within the meaning of the Medicines for Human Use (Marketing Authorisations etc.) Regulations 1994 ;
b
is a natural mineral water which is used at source for curative purposes in thermal or hydromineral establishments;
c
is not intended for sale for human consumption; or
d
is a natural mineral water intended for export to a country other than an EEA State.
Part II
Natural mineral water
Recognition as natural mineral water
4
1
Water is recognised for the purposes of Article 1 where–
a
in the case of water extracted from the ground in Great Britain, it is recognised for those purposes by the relevant authority, such recognition having been granted in accordance with Part I of Schedule 1;
b
in the case of water extracted from the ground in Northern Ireland, it is recognised there for those purposes by a responsible authority of Northern Ireland;
c
in the case of water extracted from the ground in an EEA State other than the United Kingdom, it is recognised there for those purposes by a responsible authority of that EEA State; and
d
in the case of water extracted from the ground in a country other than an EEA State–
i
it is recognised for those purposes by the Minister, such recognition having been granted in accordance with Part II of Schedule 1; or
ii
it has an equivalent recognition, given by a responsible authority, in–
aa
Northern Ireland; or
bb
an EEA State other than the United Kingdom.
2
Where, in relation to any water after it has been recognised for the purposes of Article 1 in accordance with Schedule 1, it is found–
a
that, by analysis in accordance with Section II of Annex I, the requirements as to demonstration and determination in paragraph 1.3 of that Section are not met; or
b
that the exploitation and bottling requirements are not met,
the relevant authority or, as the case may be, the Minister, may withdraw that recognition until such time as the said requirements are met.
3
Where the relevant authority decides either not to grant or to withdraw recognition of a water for the purposes of Article 1 the person who exploits the relevant spring, or if different, the person who owns land on which the relevant spring is situated, may apply, in the case of a water extracted from the ground in England or Wales, to the Minister or, in the case of a water extracted from the ground in Scotland, to the Secretary of State for Scotland, for a review of that decision.
4
Upon an application for review of a decision being made pursuant to paragraph (3) above the Minister or Secretary of State, as the case may be, shall make such inquiry into the matter as may seem to him appropriate, and, having considered the results of that inquiry and any relevant facts elicited by it, shall either confirm the decision or direct the relevant authority to grant or restore, as appropriate, recognition of the water in question for the purposes of Article 1, and in the case of such a direction the relevant authority shall thereupon comply with the said direction.
5
Upon the grant or withdrawal of recognition for the purposes of Article 1 pursuant to this regulation the person who grants or withdraws it shall inform the Commission of the European Community of such grant or withdrawal.
6
A person who exploits a spring in Great Britain or in a country other than an EEA State from which there is extracted water which is recognised for the purposes of Article 1, such recognition having been granted in accordance with Schedule 1, may apply to the Minister or relevant authority, as appropriate, to have that recognition withdrawn.
7
The publication in the Official Journal of the European Community of the name of any water as that of a natural mineral water recognised in the Community for the purposes of Article 1 shall, save where recognition was granted in accordance with Schedule 1, be conclusive evidence that that water is recognised for the purposes of that Article.
8
For the purposes of paragraph (3) above “relevant spring” means the spring from which, pursuant to a permission given under regulation 6(1)(b) or to the seeking of recognition under the Natural Mineral Waters Regulations 1985 , there is extracted water in respect of which–
a
an application for recognition for the purposes of Article 1 in accordance with Part I of Schedule 1 has been made but not granted; or
b
recognition for the purposes of Article 1 has been withdrawn.
9
Schedule 2 shall have effect for the purposes specified for it in Schedule 1.
Prohibition on sale
5
No person shall sell any water the marking or labelling of which uses the name “natural mineral water” in, or as, the name of the water unless the water is natural mineral water.
Exploitation of natural mineral water springs
6
1
No person shall exploit any natural mineral water spring or bottle any water extracted from such a spring unless–
a
the water extracted from that spring is natural mineral water;
b
the relevant authority has given permission for that spring to be exploited; and
c
subject to the final unlettered sub-paragraph of paragraph 2 of Annex II, the exploitation and bottling requirements are met.
2
No person shall sell any water extracted from a spring which is exploited in contravention of paragraph (1) above.
Treatments and additions
7
1
Subject to paragraph (3) below no person shall subject natural mineral water in its state at source to–
a
any treatment other than a treatment referred to in sub-paragraph (a) or (d) of Article 4.1; or
b
any addition other than the introduction or the reintroduction of carbon dioxide under the conditions laid down in Section III of Annex I.
2
No person shall sell any natural mineral water which, in its state at source, has been subjected to any treatment or addition in contravention of paragraph (1) above.
3
Paragraph (1) above shall not prevent the utilisation of natural mineral water in the manufacture of soft drinks.
Colony count and organoleptic defects
8
1
No person shall bottle any natural mineral water the revivable total colony count of which, determined under the conditions laid down in paragraph 1.3.3. of Section II of Annex I–
a
does not conform to the normal viable colony count of that water; or
b
shows that the source of that water is contaminated.
2
No person shall bottle or sell any natural mineral water which contains any of the organisms or substances referred to in Article 5.2.
3
No person shall sell any bottled natural mineral water–
a
which was bottled in contravention of paragraph (1) above;
b
the total colony count of which fails, or has failed, to comply with the limits specified in paragraph (4)(a) below;
c
in respect of which the requirement in paragraph (4)(b) below has not been met; or
d
if–
i
its revivable total colony count is in excess of that which would result from the normal increase in the bacteria content which it had at source; or
ii
it contains any organoleptic defect.
4
For the period of 12 hours following bottling–
a
the total colony count of water at source shall not exceed–
i
100 per ml at 20 to 22°C in 72 hours on agar-agar or an agar-gelatine mixture; and
ii
20 per ml at 37°C in 24 hours on agar-agar; and
b
water shall be maintained at a temperature of 4°C +/− 1°C.
5
Where it is found during exploitation that natural mineral water is polluted and the bottling or sale, as appropriate, of the water would be in contravention of paragraph (1), (2) or (3) above, the spring from which the water is extracted shall not be exploited nor shall the water be bottled until the cause of the pollution is eradicated and the bottling and sale of the water does not contravene paragraph (1), (2) or (3) above.
Bottling of natural mineral water
9
No person shall bottle a natural mineral water, or sell a natural mineral water which is bottled, in any container other than a container which is fitted with closures designed to avoid any possibility of adulteration or contamination.
Labelling of natural mineral water
10
1
No person shall cause a natural mineral water to be marked or labelled with–
a
any sales description other than a sales description referred to in paragraph (2) below;
b
a trade description which–
i
includes the name of a locality, hamlet or place where the inclusion of that name is not in accordance with Article 8.1; or
ii
is different from the name of the spring or the place of its exploitation other than in accordance with the requirements of Article 8.3;
c
any designation, proprietary name, trade mark, brand name, illustration or other sign, whether emblematic or not, the use of which is forbidden by Article 9.1(a);
d
any indication (other than those specified in sub-paragraphs (f) and (g) below) attributing to the natural mineral water properties relating to the prevention, treatment or cure of a human illness;
e
any indication listed in column 1 of Annex III if a criterion appears in column 2 of that Annex opposite the indication and the natural mineral water does not meet that criterion;
f
the indication “may be diuretic” or “may be laxative” unless the natural mineral water has been assessed as possessing the property attributed by the indication in accordance with physico-chemical analysis and pharmacological, physiological or clinical examination, as appropriate; or
g
the indication “stimulates digestion” or “may facilitate the hepato-biliary functions” unless the natural mineral water has been assessed as possessing the property attributed by the indication in accordance with physico-chemical analysis and pharmacological, physiological and clinical examination.
2
The sales description of natural mineral water shall be–
a
in the case of a natural mineral water other than an effervescent natural mineral water, “natural mineral water”; and
b
in the case of an effervescent natural mineral water, the description in sub-paragraph (a), (b) or (c) of Section III of Annex I within which the water falls.
3
Natural mineral water shall be marked or labelled with–
a
where it has undergone the treatment of total or partial elimination of free carbon dioxide by exclusively physical methods, the indication “fully de-carbonated” or “partially de-carbonated” as appropriate; and
b
the mandatory information referred to in paragraph (4) below.
4
The mandatory information for natural mineral waters is–
a
a statement of the analytical composition which statement shall indicate the characteristic constituents of the water; and
b
the name of the place where the spring is exploited and the name of the spring.
5
No person shall sell any natural mineral water which–
a
is marked or labelled in contravention of paragraph (1) above;
b
has undergone any of the treatments referred to in paragraph (3)(a) above unless it is marked or labelled with the appropriate indication in accordance with that paragraph;
c
is not marked or labelled with the mandatory information referred to in paragraph (4) above; or
d
is marked or labelled with a trade description which is different from the trade description with which any other natural mineral water from the same spring is marked or labelled.
Part III
Spring water and bottled drinking water
Spring water
11
1
No person shall cause any water to be marked or labelled with the description “spring water” unless–
a
that water is extracted from a spring;
b
subject to paragraph (2) below, that water would, if it were natural mineral water, meet the exploitation and bottling requirements;
c
that water would, if it were natural mineral water, be capable of being bottled or sold, as appropriate, without contravening the provisions of regulation 8;
d
that water is or has been bottled at source and, if it has not undergone any treatment, is intended for consumption in its natural state;
e
that water is marked or labelled with the name of the place where the spring is exploited and the name of the spring;
f
where that water is marked or labelled with any trade description, the water would, if it were natural mineral water, comply with the requirements of Article 8; and
g
that water satisfies the requirements of Schedule 3.
2
Water marked or labelled with the description “spring water” which is transported from the spring to the bottling plant in containers other than those for distribution to the ultimate consumer shall not, for that reason, be taken to have failed to meet the exploitation and bottling requirements if, on or before 23rd November 1996, the water from that spring was so transported to the bottling plant.
3
No person shall sell any water which is marked or labelled in contravention of paragraph (1) above.
Bottled drinking water
12
1
No person shall bottle any drinking water or sell any bottled drinking water unless it satisfies the requirements of Schedule 3.
2
No person shall cause any water which does not satisfy the provisions of Section 1 of Annex I, and which is bottled, to be marked or labelled with any designation, proprietary name, trade mark, brand name, illustration or other sign, whether emblematic or not, the use of which is forbidden by Article 9.1(b).
Part IV
Miscellaneous and supplemental
Enforcement
13
1
Subject to paragraphs (2) and (3) below, each food authority shall enforce and execute these Regulations within its area.
2
The relevant authority shall, within its area–
a
carry out periodic checks on any water which, for the purposes of Article 1.1 and in accordance with Part I of Schedule 1, has been recognised as a natural mineral water to ensure–
i
that the water is natural mineral water which complies with paragraph 3 of Section I of Annex I and has had its characteristics assessed in accordance with paragraph 2 of that Section as called for by paragraph 4(b) of Annex II; and
ii
that, subject as specified in regulation 6(1)(c), the exploitation and bottling requirements are met in relation to the water; and
b
enforce and execute the provisions of regulations 6, 7 and 8.
3
For the purposes of the enforcement and execution of regulations 5, 10 and 11(1)(e) and (f) “food authority” does not include–
a
the council of a district in a non-metropolitan county in England except where the county functions have been transferred to that council pursuant to a structural change; or
b
the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and the Middle Temple).
Analysis
14
1
An authorised officer of a food authority who has procured a sample under section 29 of the Act and who considers that it should be analysed for the purposes of these Regulations shall deal with the sample in accordance with this regulation and for the purposes of this regulation “sample” includes one or more bottles of any water.
2
The authorised officer shall forthwith divide the sample into three parts, each part to be marked and sealed or fastened up in such manner as its nature will permit, and shall–
a
with respect to one part of the sample comply with paragraphs (3) to (6) below, and
b
deal with the remaining parts in accordance with paragraph (7) below.
3
If the sample was purchased by the authorised officer, he shall give the part of the sample to the person from whom it was purchased.
4
If the sample is a sample of water brought into Great Britain and was taken by the authorised officer before delivery to a person who intends to sell that water in Great Britain, the officer shall give the part of the sample to that person.
5
If neither paragraph (3) nor paragraph (4) above applies, the authorised officer shall give the part of the sample to the person appearing to be the owner of the water from which the sample was taken.
6
In every case to which paragraphs (3) to (5) above apply the authorised officer shall inform the person to whom the part of the sample is given that the sample was purchased or taken, as appropriate, for the purpose of analysis by a public analyst.
7
Of the remaining parts of the sample, the authorised officer shall, unless he decides not to have an analysis made, submit one for analysis in accordance with section 30 of the Act, and retain the other.
8
Any part of a sample which under this regulation is to be given to any person may be given by delivering it to him or to his agent or by sending it to him by registered post or the recorded delivery service; but where after reasonable enquiry the authorised officer is unable to ascertain the name and address of the person to whom the part of the sample is to be given he may, in lieu of giving the part to that person, retain it.
9
If it appears to the authorised officer that any water, of which he has procured a sample for the purpose of analysis by a public analyst, was exploited or bottled by a person (not being a person to whom one part of the sample is required to be given by this regulation) having his name and an address in the United Kingdom displayed on the bottle or any other container thereof, the officer shall, unless he decides not to have an analysis made, within three days of procuring the sample send to that person a notice informing him–
a
that the sample has been procured by the officer, and
b
where the sample was taken or, as the case may be, from whom it was purchased.
10
Where a sample taken or purchased, as appropriate, by an authorised officer has been analysed by a public analyst, any person to whom a part of the sample was given under this regulation shall be entitled, upon request to the relevant food authority, to be supplied with a copy of the certificate of analysis by that authority.
15
An authorised officer who has retained part of a sample shall submit it to the Government Chemist (or such other food analyst as the Government Chemist may direct) for analysis if–
a
he and the person to whom a part of the sample was given under this regulation so agree (which agreement may include who is to pay the analysis fees), or
b
a court so orders.
16
Methods of analysis which accord with Article 12.5 of Directive 80/778 shall be used for the purposes of determining whether water satisfies the provisions of Schedule 3.
Offences and penalties
17
A person shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale if he contravenes regulation 5, 6, 7, 8, 9, 10(1) or (5), 11(1) or (3), 12 or 19(3).
Defences
18
1
In any proceedings for an offence under these Regulations, other than in relation to natural mineral water, it shall be a defence for the person charged to prove–
a
that the water in respect of which the offence was alleged to have been committed was intended for export to a country which has legislation analogous to these Regulations and that it complies with that legislation; and
b
if the water was intended for export to an EEA State, that–
i
in the case of water marked or labelled with the term “spring water”, the legislation complies with the provisions of Directives 80/777 and 80/778; and
ii
in the case of bottled drinking water, the legislation complies with the provisions of Directive 80/778.
2
In any proceedings for an offence under these Regulations in relation to the sale of any water other than drinking water it shall be a defence for the person charged to prove that–
a
the water in respect of which the offence is alleged to have been committed was placed on the market or labelled, as the case may be, before 28th October 1998; and
b
if it had been committed before the date these Regulations came into force the act alleged to constitute the offence would not have constituted an offence under–
i
in the case of natural mineral water, the Natural Mineral Waters Regulations 1985 ; or
ii
in the case of water marked or labelled with the description “spring water”, the Drinking Water in Containers Regulations 1994 .
3
In any proceedings for an offence under these Regulations in which it is alleged that any natural mineral water is marked or labelled in contravention of sub-paragraph (d), (f) or (g) of regulation 10(1) it shall be a defence for the person charged to show–
a
where the natural mineral water is recognised in Great Britain, that–
i
the water is intended for export to an EEA State; and
ii
the water is marked or labelled with no indication within the meaning of Article 9.2 other than one which is authorised in that State in accordance with that Article for use in relation to that water; and
b
where the natural mineral water is recognised in an EEA State other than the United Kingdom, the water is marked or labelled with no indication within the meaning of Article 9.2 other than one which is authorised in that State in accordance with that Article for use in relation to that water.
Application of other provisions
19
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–
a
section 2 (extended meaning of “sale” etc.);
b
section 3 (presumption that food is intended for human consumption);
c
section 20 (offences due to fault of another person);
d
section 21 (defence of due diligence) as it applies for the purposes of section 8, 14 or 15;
e
section 22 (defence of publication in the course of business);
f
section 30(8) (which relates to documentary evidence);
g
section 33 (obstruction etc. of officers);
h
section 35(1) to (3) (punishment of offences) in so far as it relates to offences under section 33(1) and (2) as applied by paragraph (g) above;
i
section 36 (offences by bodies corporate); and
j
section 44 (protection of officers acting in good faith).
2
In so far as regulation 38 (intelligibility) of the Food Labelling Regulations 1996 would not otherwise cover any name, description, indication, information or other wording with which water is required or permitted by these Regulations to be marked or labelled, it shall apply for the purposes of these Regulations with the modification that the words “the particulars with which a food is required to be marked or labelled by these Regulations” shall be construed so as to cover them.
3
No person shall sell any water to which these Regulations apply if it is not marked or labelled in accordance with regulation 38 of the Food Labelling Regulations 1996 as applied by paragraph (2) above.
Amendments
20
1
In the Food Safety (Sampling and Qualifications) Regulations 1990 in Schedule 1 (provisions to which those Regulations do not apply) the title of the Natural Mineral Waters Regulations 1985 in the left hand column and their reference in the right hand column shall be omitted and at the end of that Schedule there shall be added in the left hand column the title of these Regulations and in the right hand column their reference.
2
In the Food Safety (General Food Hygiene) Regulations 1995 in paragraph (1) of regulation 2 (interpretation) in the definition of “water”–
a
for sub-paragraph (a) there shall be substituted–
a
natural mineral water or drinking water within the meaning of the Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations 1999; or
;
b
the word “or” at the end of sub-paragraph (b) shall be omitted; and
c
sub-paragraph (c) shall be omitted.
3
In the Food Labelling Regulations 1996 in paragraph (1) of regulation 2 (interpretation) in the definition of “natural mineral water” for the words “Natural Mineral Waters Regulations 1985” there shall be substituted the words “Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations 1999”.
Revocations
21
The Regulations specified in columns 1 and 2 of Schedule 4 shall be revoked to the extent specified in column 3 of that Schedule.
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
27th May 1999
Signed by authority of the Secretary of State for Health
Tessa Jowell
Minister of State for Public Health,
Department of Health
27th May 1999
Signed by authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under Secretary of State, Welsh Office
3rd June 1999
Sewel
Parliamentary Under Secretary of State, Scottish Office
27th May 1999


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Jobseeker’s Allowance (Amendment) (No. 2) Regulations 1999 and shall come into force on the fourteenth day after the day on which they are made.
2
In these Regulations, “the Jobseeker’s Allowance Regulations ” means the Jobseeker’s Allowance Regulations 1996 .
Part-time students
2
In regulation 11(3) of the Jobseeker’s Allowance Regulations, for the words “pursuant to its arrangement with the Secretary of State (whether that arrangement is known as an Operating Agreement or by any other name)” there shall be substituted the words “, or a Chamber of Commerce, Training and Enterprise, under its contractual arrangement with the Secretary of State”.
Circumstances in which a person is to be treated as available for employment
3
In regulation 14(1) of the Jobseeker’s Allowance Regulations, after sub-paragraph (n) there shall be added the following sub-paragraph —
o
if
i
he is available for employment, or is treated as such, on the day he makes his claim for a jobseeker’s allowance; and
ii
the Secretary of State has directed that the prescribed time for claiming a jobseeker’s allowance be extended under regulation 19(6) of the Claims and Payments Regulations where the circumstances specified in regulation 19(7)(d) of those Regulations applied in relation to an entitlement to incapacity benefit or an entitlement to income support by virtue of paragraph 7 of Schedule 1B to the Income Support Regulations ,
for the period of that extension.
Actively seeking employment in the period at the beginning of a claim
4
In regulation 18A(1) of the Jobseeker’s Allowance Regulations, after the words “in any case” there shall be inserted the words “, other than a case which falls within regulation 19(1)(i) or (s),”.
Circumstances in which a person is to be treated as actively seeking employment
5
1
Regulation 19(1) of the Jobseeker’s Allowance Regulations shall be amended in accordance with the following provisions of this regulation.
2
After sub-paragraph (h) there shall be inserted the following sub-paragraph —
i
for any period if he is treated as available for employment to any extent in that period under regulation 14(1)(h);
.
3
After sub-paragraph (r) there shall be added the following sub-paragraph —
s
for any period if he is treated as available for employment to any extent in that period under regulation 14(l)(o).
.
Tessa Jowell
Minister of State,
Department for Education and Employment
16th November 1999


text:
Citation and commencement
1
These Regulations may be cited as the Education (School Organisation Plans) (England) Regulations 1999 and shall come into force on 1st April 1999.
Interpretation
2
1
In these Regulations–
“ the Act ” means the School Standards and Framework Act 1998;
“authority” means a local education authority in England;
“area” means the area of an authority;
“the committee” means the school organisation committee for an area;
“group” in relation to members of a school organisation committee has the same meaning as in regulation 3 of the Education (School Organisation Committees) (England) Regulations 1999 ;
“plan” means a school organisation plan and “draft plan” shall be construed accordingly; and
“school year” means the school year which applies for the schools maintained by that authority or, if the same school year does not apply for all such schools, the school year which applies for the highest number of schools maintained by that authority.
2
Until 1st September 1999 any reference in these regulations to a school maintained by any authority shall include a grant-maintained or grant-maintained special school which that authority are required to maintain by virtue of regulation 2 of the School Standards and Framework Act 1998 (Modifications) Regulations 1998 .
Content and duration of School Organisation Plan
3
1
For the purposes of section 26(2)(a) of the Act (which provides that a school organisation plan is a statement which sets out how the authority propose to exercise their functions during the prescribed period with a view to securing the provision of primary and secondary education that will meet the needs of the population of the area during that period) the prescribed period shall be the period which starts–
a
at the beginning of the school year after that in which the draft plan was published under regulation 4; or
b
if later, the date on which the draft plan was approved,
and which ends at the end of the fifth school year after the school year in which the draft plan was published.
2
The plan shall in particular deal with–
a
how the authority propose to remedy any excess or insufficiency in the provision of primary and secondary education in schools maintained by the authority during the period to which the plan relates; and
b
the provision which they propose to make during that period for children with special educational needs.
Publication of draft plan
4
1
The authority shall prepare a draft plan and publish it by–
a
sending (subject to regulation 15) a copy to–
i
the governing body of each school maintained by the authority;
ii
each authority which is adjacent to the authority in question;
iii
the Further Education Funding Council for England;
iv
the Diocesan Board of Education for any diocese of the Church of England any part of which is comprised in the authority’s area; and
v
the bishop of any Roman Catholic Church diocese any part of which is comprised in the authority’s area; and
b
depositing a copy in such public libraries in the area of the authority as they consider appropriate.
2
The first draft plan shall be published by 1st June 1999.
3
The authority shall prepare further draft plans each year and each such draft plan shall be published by 1st June in each year.
4
Before publishing a draft plan the authority shall consult such persons as appear to them to be appropriate.
Publication of notice of draft plan
5
At the same time as they publish a draft plan the authority shall publish a notice in at least one newspaper circulating in the area of the authority–
a
stating where the draft plan can be inspected;
b
giving a summary of the conclusions of the draft plan and in particular specifying the parts of the area in respect of which the conclusion of the draft plan is that steps should be taken to remedy any excess or insufficiency in the provision of primary or secondary education in maintained schools; and
c
stating the effect of regulation 6.
Objections to draft plans
6
1
Any person may make objections to the draft plan.
2
Such objections shall be sent to the authority within two months of the date of the publication of the notice under regulation 5 (or if notices were published in different newspapers on different dates, the date of the publication of the last such notice).
Submission of draft plan to Committee
7
Within one month after the end of the period of two months referred to in regulation 6 the authority shall submit the draft plan (whether as published under regulation 5 or as revised in the light of objections made under regulation 6) to the committee together with copies of–
a
all objections made (and not withdrawn in writing); and
b
the authority’s observations on the objections.
Consideration of draft plan by committee
8
1
The committee may–
a
approve the draft plan submitted to them with or without modifications;
b
themselves prepare a plan for publication by the authority as their approved plan; or
c
refer the draft plan to the adjudicator.
2
In relation to any decision whether–
a
to approve the draft plan with or without modifications; or
b
themselves to prepare a plan for publication by the authority as their approved plan;
the members within each group of members of the committee are collectively to have a single vote.
3
Any decision such as is mentioned in paragraph (2) taken by the committee shall be a unanimous decision of those voting.
4
If the committee have voted on the question of whether to approve the draft plan as submitted (with or without modifications) or whether to prepare a plan themselves, but have failed to reach a unanimous decision on the question as required by paragraph (3) they shall, within two weeks of the date on which they voted, refer the draft plan to the adjudicator.
5
Where the committee refer the draft plan to the adjudicator they shall also–
a
send to him copies of all objections made and the authority’s observations on the objections as submitted to the committee under regulation 7; and
b
refer to him any proposals made by any group of members of the committee for modification to the draft plan.
6
There is no limit to the number of different proposals for modification to the draft plan which may be referred to the adjudicator under paragraph (5)(b) (and accordingly the separate proposals need not be consistent with each other) and such modifications may relate to any aspect of the plan.
Consideration of draft plan by adjudicator
9
1
The adjudicator may–
a
approve the draft plan as submitted to him; or
b
approve the draft plan with the modifications contained in any proposals referred to him under regulation 8(5)(b); or
c
make his own proposals for modifications to the draft plan (which may relate to any aspect of the plan).
2
Where the adjudicator makes his own proposals for modifications to the draft plan he shall send a copy of his proposals to the committee.
Action by Committee on adjudicator’s proposals
10
1
Where the adjudicator makes his own proposals under regulation 9 the committee may–
a
approve the draft plan with the modifications proposed by the adjudicator; or
b
refer the draft plan back to the adjudicator.
2
In relation to any decision whether to approve the draft plan with the modifications proposed by the adjudicator the members within each group of members of the committee shall collectively have a single vote.
3
Any decision taken by the committee as to whether or not to approve the draft plan with the modifications proposed by the adjudicator shall be a unanimous decision of those voting.
4
If the committee have voted on the question of whether to approve the draft plan with the modifications proposed by the adjudicator but have failed to reach a unanimous decision on the question as required by paragraph (3) they shall, within two weeks of the date on which they voted, refer the draft plan back to the adjudicator.
5
Where the committee refer the draft plan back to the adjudicator under paragraph (4) they shall at the same time refer to him the observations (if any) of each group of members of the committee on the adjudicator’s proposal for modification of the draft plan.
Further consideration of draft plan by adjudicator
11
1
Where the draft plan has been referred by the committee back to the adjudicator under regulation 10 he may–
a
subject to paragraph (2), approve the draft plan with the modifications proposed by him; or
b
approve the draft plan with modifications contained in any proposals previously referred to him under regulation 8(5)(b).
2
The adjudicator may only approve the draft plan with the modifications proposed by him if the observations of at least one group of members of the committee referred to him under regulation 10(5) contain a statement that the group is in favour of those modifications.
Failure of committee to vote on draft plan
12
1
If at the end of two months from the date on which the authority submitted the draft plan to the committee under regulation 7 the committee have not voted on the question whether to approve the draft plan submitted to them under regulation 7, the authority may refer the draft plan (whether as published under regulation 5 or as revised in the light of objections made under regulation 6) to the adjudicator.
2
Where the authority refer the draft plan to the adjudicator they shall at the same time–
a
send him–
i
copies of all objections made (and not withdrawn in writing); and
ii
the authority’s observations on the objections; and
b
notify the committee.
3
As soon as practicable after receipt of a notification under paragraph (2)(b) the committee shall send to the adjudicator a copy of any minutes of meetings held by the committee which relate to the committee’s consideration of the draft plan.
4
The adjudicator may–
a
approve the draft plan as submitted to him; or
b
make his own proposals for modifications to the draft plan (which may relate to any aspect of the plan).
5
Where the adjudicator makes his own proposals for modification to the draft plan he shall send a copy of his proposals to the committee, and–
a
regulation 10 shall apply for determining the action to be taken by the committee; and
b
regulation 11 shall apply for determining the subsequent action that may be taken by the adjudicator but paragraph (1) shall have effect as if for sub-paragraph (b) there were substituted “approve the draft plan as submitted by the local education authority”.
Failure of committee to vote on adjudicator’s proposed modifications
13
1
If at the end of the two months from the date on which the adjudicator sent a copy of his proposals to the committee under regulation 9(2) the committee have not voted on the question whether to approve the draft plan with the modifications proposed by the adjudicator they shall, if the authority request, refer the draft plan back to the adjudicator.
2
Where the committee refer the draft plan back to the adjudicator under this paragraph they shall at the same time send him a copy of any minutes of meetings held by the committee which relate to the committee’s consideration of the adjudicator’s proposals for modifications to the draft plan (including the observations of each group of members of the committee on the adjudicator’s proposals for modifications to the draft plan).
3
Where the draft plan has been referred back to the adjudicator under this regulation he may–
a
subject to paragraph (4), approve the draft plan with the modifications proposed by him, or
b
approve the draft plan with modifications contained in any proposals previously referred to him under regulation 8(5)(b).
4
The adjudicator may only approve the draft plan with the modifications proposed by him if the observations of at least one group of members of the committee contained in the minutes sent to him under paragraph (2) contain a statement that the group is in favour of those modifications.
Preparation and publication of approved plan
14
1
Where the draft plan has been approved–
a
by the committee under regulation 8(1)(a) or 10(1); or
b
by the adjudicator under regulation 9(1), 11(1), 12(4) or 13(3),
the committee or adjudicator (as the case may be) shall forthwith notify the authority and the Secretary of State and (where the plan has been approved by the adjudicator) the adjudicator shall also notify the committee.
2
On receipt of notification under paragraph (1) the authority shall prepare the plan in the form in which it has been approved.
3
Where the committee have prepared a plan under regulation 8(1)(b) they shall forthwith notify the authority and the Secretary of State.
4
The authority shall publish the plan prepared as mentioned in paragraph (2) or (3) by–
a
sending (subject to regulation 15) a copy to the bodies specified in regulation 4(1)(a); and
b
depositing a copy of the plan in such public libraries in the area of the authority as they consider appropriate.
Publication on the Internet
15
Regulations 4(1)(a) and 14(4)(a) shall not apply in relation to any of the bodies specified in regulation 4(1)(a) if the authority publish the draft plan or, as the case may be, the plan on the Internet and the body in question has facilities which enable access to be gained to the Internet.
Publication of notice of approved plan
16
At the same time as they publish each plan the authority shall publish a notice in at least one newspaper circulating in the area of the authority–
a
stating where the plan can be inspected; and
b
giving a summary of the conclusions of the plan and in particular specifying the parts of the area in respect of which the conclusion of the plan is that steps should be taken to remedy any excess or insufficiency in the provision of primary or secondary education in maintained schools.
Estelle Morris
Minister of State,
Department for Education and Employment
6th March 1999


text:
1
1
This Order may be cited as the Prevention of Terrorism (Temporary Provisions) Act 1989 (Revival of Parts IVA and IVB) Order 1999 and shall come into force on the day after the day on which it is made.
2
In this Order “the 1989 Act ” means the Prevention of Terrorism (Temporary Provisions) Act 1989.
2
Part IVA (Offences against Public Security) and Part IVB (Cordons and Protective Powers) of the 1989 Act shall come into force again on the day after the day on which this Order is made and shall remain in force until the end of 21st March 2000.
Jack Straw
One of Her Majesty’s Principal Secretaries of State
Home Office
24th June 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the District of North East Derbyshire (Electoral Changes) Order 1999.
2
This Order shall come into force —
a
for the purposes of proceedings preliminary or relating to any election to be held on 1st May 2003, on 10th October 2002;
b
for all other purposes, on 1st May 2003.
3
In this Order —
“district” means the district of North East Derbyshire;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
any reference to the map is a reference to the map prepared by the Department of the Environment, Transport and the Regions marked “Map of the District of North East Derbyshire (Electoral Changes) Order 1999”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 ; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Wards of North East Derbyshire
2
1
The existing wards of the district shall be abolished.
2
The district shall be divided into twenty-five wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes, or parish wards or, where no area is so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, waterway or similar geographical feature, it shall be treated as running along the centre line of the feature.
Wards of the parish of Clay Cross
3
1
The existing wards of the parish of Clay Cross shall be abolished.
2
The parish shall be divided into two wards which shall bear the names set out in column (1) of Schedule 2; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule, and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the town of Dronfield
4
1
The existing wards of the town of Dronfield shall be abolished.
2
The town shall be divided into five wards which shall bear the names set out in column (1) of Schedule 3; each town ward shall comprise the area of the district ward specified in respect of the town ward in column (2) of that Schedule, and the number of councillors to be elected for each town ward shall be the number specified in respect of the town ward in column (3) of that Schedule.
Wards of the parish of Eckington
5
1
The existing wards of the parish of Eckington shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names set out in column (1) of Schedule 4; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule, and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Killamarsh
6
1
The existing wards of the parish of Killamarsh shall be abolished.
2
The parish shall be divided into two wards which shall bear the names set out in column (1) of Schedule 5; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule, and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of North Wingfield
7
The parish of North Wingfield shall be divided into two wards which shall bear the names set out in column (1) of Schedule 6; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule, and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Wingerworth
8
1
The parish of Wingerworth shall be divided into four wards which shall bear the names Adlington, Hardwick Wood, Wingerworth and Woodthorpe and the wards shall comprise the areas designated on sheet 6 by reference to the names of the wards and demarcated by orange lines.
2
The number of councillors to be elected for the parish ward of Wingerworth shall be eleven and for each of the other parish wards shall be one.
Revocation
9
The District of North East Derbyshire (Electoral Arrangements) Order 1978 is hereby revoked.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Beverley Hughes
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
27th September 1999


text:
Citation and commencement
1
These Regulations may be cited as the Stamp Duty Reserve Tax (UK Depositary Interests in Foreign Securities) Regulations 1999 and shall come into force on 25th August 1999.
Interpretation
2
In these Regulations–
“the Board” means the Commissioners of Inland Revenue;
“collective investment scheme” has the meaning given by section 75 of the Financial Services Act 1986 ;
“depositary interest” means a security which–
consists of the rights of a person in or relating to securities of a particular kind which, or entitlements to which, are held on trust for the benefit of that person by another person, and
under the terms of its issue, can only be transferred in accordance with regulations under section 207 of the Companies Act 1989 (transfer of securities without written instrument) or by means of a transfer within section 186(1) of the Finance Act 1996 (transfer of securities to member of electronic transfer system);
“foreign securities” means securities falling within the definition of “securities” in regulation 3(1) of the Uncertificated Securities Regulations 1995 which–
are issued or raised by a body corporate that is not incorporated, and whose central management and control is not exercised, in the United Kingdom;
are not registered in a register kept in the United Kingdom by or on behalf of the body corporate by which they are issued or raised;
are not units or shares in, or do not otherwise represent rights relating to, a collective investment scheme; and
are of the same class in the body corporate as securities which are listed on a recognised stock exchange overseas;
“the Management Act ” means the Taxes Management Act 1970 ;
“operator” has the meaning given by regulation 2 of the principal Regulations ;
“recognised stock exchange overseas” means any stock exchange which is–
outside the United Kingdom, and
for the time being designated for the purposes of section 841 of the Income and Corporation Taxes Act 1988 as a recognised stock exchange by order made by the Board under that section;
“the principal Regulations” means the Stamp Duty Reserve Tax Regulations 1986 ;
“relevant day” has the meaning given by section 87(3) of the Finance Act 1986;
“the Schedule” means the Schedule to the principal Regulations;
“UK depositary interest” means a depositary interest which is issued in the United Kingdom or registered on a register kept in the United Kingdom.
Exclusion of a UK depositary interest in foreign securities from the definition of “chargeable securities” in Part IV of the Finance Act 1986
3
1
Subject to paragraph (2), a UK depositary interest in foreign securities is not a chargeable security for the purposes of Part IV of the Finance Act 1986.
2
Paragraph (1) does not apply to an agreement to transfer a security where the security ceases to be a UK depositary interest in foreign securities on or before the relevant day.
Notice relating to UK depositary interests in foreign securities
4
1
This regulation applies to an operator in circumstances where, for the first time, a depositary interest in a particular foreign security is issued and the operator intends to treat the depositary interest as one to which regulation 3(1) applies.
2
An operator shall, on or before the date which is the fourteenth day following the date of issue, give notice to the Board of–
a
the date of issue, and
b
the depositary interest issued.
3
A notice under this regulation shall be in such form as the Board may prescribe or authorise and shall contain such information as they may reasonably require for the purposes of the Finance Act 1986.
Amendments to Part I of the Schedule
5
1
The Table in Part I of the Schedule (which applies the provisions of the Management Act specified in the first column of that Table subject to any modification specified in the second column of that Table) shall be amended as follows.
2
In the entry relating to section 98 in the second column after the words “The Stamp Duty Reserve Tax Regulations 1986 (other than regulations 4 and 4A)” there shall be added the words “The Stamp Duty Reserve Tax (UK Depositary Interests in Foreign Securities) Regulations 1999”.
Amendments to Part II of the Schedule
6
1
Part II of the Schedule (which restates the provisions of the Management Act specified in Part I of the Schedule as modified where appropriate) shall be amended as follows.
2
In the second column of the Table in section 98 (as modified) after the words “The Stamp Duty Reserve Tax Regulations 1986 (other than regulations 4 and 4A)” there shall be added the words “The Stamp Duty Reserve Tax (UK Depositary Interests in Foreign Securities) Regulations 1999”.
Bob Ainsworth
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
24th August 1999


text:
Citation and commencement
1
These Regulations may be cited as the Medicines (Sale or Supply) (Miscellaneous Provisions) Amendment Regulations 1999 and shall come into force on 31st March 1999.
Amendment of regulation 8 of the Medicines (Sale or Supply) (Miscellaneous Provisions) Regulations 1980
2
In regulation 8 of the Medicines (Sale or Supply) (Miscellaneous Provisions) Regulations 1980 (pack size on retail sale or supply of certain medicinal products on a general sale list)–
a
in paragraph (2)–
i
for sub-paragraph (b) there is substituted–
b
in the case of tablets that are not effervescent, where they contain aloxiprin, aspirin or paracetamol or a combination of any or all of those substances, not more than 16 tablets;
,
ii
for sub-paragraph (d) there is substituted–
d
in the case of capsules, where they contain aloxiprin, aspirin or paracetamol or a combination of any or all of those substances, not more than 16 capsules;
; and
b
in paragraph (2B)(a) and (b) for the words “not more than 12” there are substituted the words “not more than 16”.
Signed by authority of the Secretary of State for Health
Hayman
Parliamentary Under Secretary of State,
Department of Health
4th March 1999
Jon Owen Jones
Parliamentary Under Secretary of State, Welsh Office
8th March 1999
Sam Galbraith
Parliamentary Under Secretary of State, The Scottish Office
8th March 1999
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
5th March 1999
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on
D.C. Gowdy
Permanent Secretary
5th March 1999
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland on
P. Small
Permanent Secretary
2nd March 1999


text:
Citation and commencement
1
These Regulations may be cited as the Health Service Medicines (Consent to Voluntary Scheme) Regulations 1999 and shall come into force on 1st September 1999.
Manner of consent
2
For the purposes of section 33(2)(a) of the Health Act 1999, a manufacturer or supplier who wishes to consent to a voluntary scheme being treated as applying to him shall give his consent in the manner set out in Schedule 1 to these Regulations.
Manner of withdrawal of consent
3
A manufacturer or supplier who wishes to withdraw a consent given in accordance with regulation 2 of these Regulations shall withdraw his consent in the manner set out in Schedule 2 to these Regulations.
Frank Dobson
Secretary of State for Health
6th August 1999


text:
Citation and interpretation
1
1
This Order may be cited as the Social Security Act 1998 (Commencement No. 6) Order 1999.
2
In this Order, except where the context otherwise requires, references to sections and Schedules are references to sections of, and Schedules to, the Social Security Act 1998.
3
In this Order “subject to directions and guidance” means in accordance with–
a
directions given under section 138(1)(b) of the Contributions and Benefits Act and section 66 of the Administration Act ;
b
general directions issued under section 140(2) of the Contributions and Benefits Act and sections 66 and 168(5) of the Administration Act; and
c
guidance issued under section 138(1)(b) of the Contributions and Benefits Act,
and taking account of guidance and general guidance issued under section 66 of the Administration Act and general guidance issued under section 140(2) of the Contributions and Benefits Act and section 64(3) the Administration Act.
Appointed day
2
5th April 1999 is the appointed day for the coming into force of–
a
sections 70 and 71;
b
sub-paragraphs (3) and (4) of paragraph 72 of Schedule 7 and section 86(1) in so far as it relates to them; and
c
section 86(2) and Schedule 8 in so far as they repeal sections 139(3) and 140(4)(e) of the Contributions and Benefits Act.
Transitional provision
3
1
Any question arising upon–
a
an application made before the appointed day for a payment out of the social fund; or
b
a review of a determination made subject to directions and guidance in force before the appointed day, shall be determined subject to directions and guidance in force immediately before the appointed day.
2
Until the coming into force of paragraph 73 of Schedule 7, section 140(1A) of the Contributions and Benefits Act shall have effect as if the references to “an appropriate officer” and “the appropriate officer” were references respectively to “a social fund officer” and “the social fund officer”.
Signed by authority of the Secretary of State for Social Security.
Patricia Hollis
Parliamentary Under-Secretary of State,
Department of Social Security
31st March 1999


text:
Citation and commencement
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (Tower Hamlets London Borough Council) Order 1999 and shall come into force on 17th June 1999.
Exemption of maintenance of ground
2
The maintenance of ground by Tower Hamlets London Borough Council shall not be treated as a defined activity so long as–
a
it is restricted to–
i
the cutting and tending of fine ornamental and sports turf,
ii
the planting and tending of trees, hedges, shrubs, flowers and other plants in ornamental and formal gardens, and the controlling of weeds in such gardens,
iii
the tending of formal hedges, and
iv
the planting and tending of trees, hedges, shrubs, flowers and other plants on land from which shrubs, flowers and other plants are removed seasonally, and the controlling of weeds on such land;
b
it is not carried out at Victoria Park; and
c
it is carried out during the period beginning with 17th June 1999 and ending immediately before 1st July 2000.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Alan Meale
Minister of State,
Department of the Environment, Transport and the Regions
18th May 1999


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Local Government Pension Scheme (Amendment etc.) Regulations 1999 and shall come in to force on 13th January 2000, but regulation 10 shall have effect from 1st April 1999.
2
In regulations 9 and 10, expressions which are also used in the Local Government Pension Scheme Regulations 1997 have the same meaning as they have in those Regulations.
Amendment of Regulations
2
The Local Government Pension Scheme Regulations 1997 shall be amended in accordance with regulations 3 to 8 of these Regulations.
Agreements to enable employees of non-Scheme employers to be members (“ admission agreements”)
3
For regulation 5 substitute the following–
5
1
An administering authority may make an admission agreement with any admission body.
2
An admission agreement is an agreement that all or any specified class of the admission body’s employees may be members.
3
These are admission bodies–
a
a body which provides a public service in the United Kingdom otherwise than for the purposes of gain and which either–
i
has sufficient links with a Scheme employer for the body and the Scheme employer to be regarded as having a community of interest, whether because the operations of the admission body are dependent on the operations of the Scheme employer or otherwise, or
ii
is approved by the Secretary of State for the purpose of admission to the Scheme;
b
a body to the funds of which any Scheme employer contributes;
c
a body representative–
i
of local authorities, or
ii
of local authorities and officers of local authorities, or
iii
of officers of local authorities, or
iv
of Scheme employers;
d
the Housing Corporation;
e
Housing for Wales;
f
the Commission for the New Towns;
g
a company for the time being subject to the influence of a local authority as described in section 69 of the Local Government and Housing Act 1989 ;
h
a body which–
i
provides services or assets referred to in a best value arrangement or part of such services or assets,
ii
is nominated to exercise a function specified in a section 15 direction, or
iii
is specified in section 497A directions to perform a function or part of it.
4
But the governors or managers of a voluntary school do not count as a body within paragraph (3)(a) or (b) and a body is only within paragraph (3)(c)(iii) if it is formed for the purpose of consultation as to the common interests of local authorities and the discussion of matters relating to local government.
5
Approval under paragraph (3)(a)(ii) may be subject to such conditions as the Secretary of State thinks fit and he may withdraw approval at any time if such conditions are not met.
6
It must be a term of an admission agreement made with a non-associated admission body within paragraph (3)(b) that the Scheme employer who provides funding (and, if more than one, all of them) guarantees the liability of the admission body to pay all amounts due from it under the Regulations.
7
In the case of an admission agreement with a transferee admission body–
a
the transferor Scheme employer, if not also the administering authority, must be a party to the admission agreement;
b
only those employees of the transferee admission body who are employed in connection with–
i
the provision of the services or assets referred to in the best value arrangement,
ii
the function specified in the section 15 direction, or
iii
the function or part of it to which the section 497A directions apply are eligible to be members of the Scheme;
c
it shall require an indemnity or bond in an approved form and with an authorised insurer or a relevant institution; and
d
provision shall be made for the matters set out in Schedule 2A.
8
Where a transferor Scheme employer and a transferee admission body undertake to meet the requirements of paragraph (7), an administering authority must admit to the Scheme the eligible employees of the transferee admission body and, where it does so, the terms on which it does so are the admission agreement for the purposes of these Regulations.
9
An admission agreement must terminate if the admission body ceases to be such a body.
10
An admission agreement may make such other provision about its termination as the parties consider appropriate.
11
When an administering authority make an admission agreement, they must promptly inform the Secretary of State of the date the agreement takes effect, the admission body’s name and, in the case of an admission agreement with a transferee admission body, the name of the relevant transferor Scheme employer.
12
An administering authority must notify the Commissioners of Inland Revenue of the admission of an admission body within the time prescribed in regulations made under section 605 of the Taxes Act and provide such information as may be so prescribed.
13
An administering authority and an admission body may make an admission agreement despite the fact that they do not exercise their functions or provide services or assets in areas which overlap or adjoin each other.
14
Any question which may arise between the administering authority and any other party to an admission agreement relating to the construction of the agreement or to the rights and obligations under that agreement shall be referred in writing for determination to the Secretary of State.
15
An employee of an admission body may not be a member if he is a member of another occupational pension scheme (within the meaning of section 1 of the Pension Schemes Act 1993 ) other than where the accrual of benefits under that pension scheme would not affect approval of the Scheme as an approved scheme.
16
These Regulations apply to employment with an admission body in which the employee is an active member in the same way as if the body were a Scheme employer.
17
In this regulation, regulation 6 and Schedule 2A (where applicable)–
a
“authorised insurer” means–
i
an insurance company authorised under section 3 or 4 of the Insurance Companies Act 1982 to carry on long term business, or
ii
an EC company which is lawfully carrying on long term business, or providing long term insurance, in the United Kingdom, and expressions used in this definition and the Insurance Companies Act 1982 have the same meaning as in that Act;
b
“best value arrangement” means a contract or other arrangement made with a transferor Scheme employer for the provision of, or making available of, services or assets, for the purposes of or in connection with the exercise of a function of that transferor Scheme employer;
c
“indemnity or bond in an approved form” means an indemnity or bond to meet a level of risk exposure arising on premature termination of the best value arrangement actuarially assessed to the satisfaction of the administering authority and the transferor Scheme employer;
d
“local authority” for the purposes of paragraph (3)(c) and (g) includes the Greater London Authority;
e
“non-associated admission body” means a body described in–
i
paragraph (3)(a)(ii), or
ii
paragraph (3)(b) where, at the date that the admission agreement is made, the total contribution from any one or more Scheme employers to its funds equals less than 50% of funding contributed by third parties;
f
“relevant institution” means–
i
an institution authorised under Part I of the Banking Act 1987 (regulation of deposit-taking business),
ii
a person to whom the restriction on acceptance of deposits in section 3 of that Act does not apply because he is specified in Schedule 2 to that Act (Central banks etc.), or
iii
a European authorised institution which has lawfully established a branch in the United Kingdom for the purpose of accepting deposits,
and “European authorised institution” has the same meaning as in the Banking Co-ordination (Second Council Directive) Regulations 1992 ;
g
“section 15 direction” means a direction given under section 15 of the Local Government Act 1999 ;
h
“section 497A directions” means directions made under section 497A of the Education Act 1996 ;
i
“transferee admission body” means an admission body described in paragraph (3)(h); and
j
“transferor Scheme employer” means an authority or body which is a Scheme employer and is–
i
named in section 1(1) of the Local Government Act 1999 as a best value authority for the purposes of Part I of the Local Government Act 1999, or
ii
mentioned in section 2(1) of that Act as an authority or body which the Secretary of State may by order provide is a best value authority for those purposes.
.
Further restrictions on eligibility
4
In regulation 6, add at the end–
10
A person who is a member and is an employee of a transferee admission body is treated as leaving a local government employment when he ceases to be employed in connection with–
a
the services or assets referred to in the best value arrangement,
b
the function specified in the section 15 direction, or
c
the function to which the section 497A directions apply.
.
Re-employed and rejoining deferred members
5
In regulation 32, add at the end–
11
In the case of a member who first becomes a member on or after 13th January 2000 any period of membership in the employment of a non-associated admission body (as defined in regulation 5(17)(e)) shall not be aggregated with any other periods of membership for the purpose of calculating his retirement grant.
.
Special circumstances where revised actuarial valuations and certificates must be obtained
6
In regulation 78 –
a
in paragraph (2)(a), for “of the admission body” substitute “of the fund in respect of current and former employees of the admission body ”;
b
in paragraph (2A) after the words “the outgoing admission body” insert “ or from an insurer or any person providing a guarantee or indemnity on behalf of that admission body,”; and
c
after paragraph (2A) insert the following–
2B
An administering authority may obtain from an actuary a certificate specifying, in the case of an admission body, the percentage or amount by which, in the actuary’s opinion,–
a
the contribution at the common rate should be adjusted, or
b
any prior individual adjustment should be increased or reduced,
with a view to providing that the value of the assets of the fund in respect of current and former employees of that admission body is neither materially more nor materially less than the anticipated liabilities of the fund in respect of those employees at the date that the admission agreement is to end.
.
Admission agreements
7
After Schedule 2, add as Schedule 2A the Schedule set out in the Schedule to these Regulations.
Revenue Restrictions
8
In Schedule 4, amend paragraph 1(1) by–
a
in the definition of “Class B member” in sub-paragraph (b), after “ since before 1st June 1989” inserting “and has not had a continuity break ”;
b
in the definition of “Class C member” in sub-paragraph (a) after “ 17th March 1987” inserting “and has not had a continuity break”; and
c
after the definition of “Class C member” inserting the following definition–
“continuity break” is a change of employment from a Scheme employer (including an admission body) to a non-associated or transferee admission body (as defined in regulation 5(17)(e) and (i)) but does not include a change in the case of a person who was a member of the Scheme on 13th January 2000.
.
Savings
9
The amendments made by regulations 2 to 8 shall not affect any admission agreements made in accordance with the Local Government Pension Scheme Regulations 1997 before the date on which these Regulations come into force.
Employees of local education authorities
10
1
This regulation applies where:–
a
directions are given, prior to the date on which these Regulations come into force, under section 497A of the Education Act 1996 pursuant to which a person (“the transferee”) performs a function on behalf of a local education authority; and
b
a person (“the employee”) who, immediately before the date from which the transferee performs the function, is a member in the employment of the local education authority, continues from that date in employment with the transferee in connection with the performance of that function.
2
When this regulation applies the employee shall be treated for the purposes of the Local Government Pension Scheme Regulations 1997 as an employee of the local education authority as long as he remains in employment with the transferee in connection with the performance of the function referred to in paragraph (1).
3
Paragraph (2) ceases to have effect when the employee becomes a member under an admission agreement.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
22nd December 1999