text:
Commencement and citation
1
This Order may be cited as The A23 Trunk Road (Lambeth) Red Route Traffic Order 1999, and shall come into force on 29th June 1999.
Interpretation
2
In this Order–
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route” means the lengths of road specified in column (2) of the table in schedule 1;
f
“vehicle” includes part of a vehicle;
g
an entry in column (3) , (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule;
h
“bus” has the meaning given by regulation 22(2) of the Traffic Signs Regulations and General Directions 1994 ;
i
“bus stop” means an area bounded by a traffic sign shown in diagram 1025.1 or 1025.3 in schedule 6 of the Traffic Signs Regulations and General Directions 1994 which includes the words “bus stop”; and
j
“bus stand” means an area bounded by a traffic sign shown in diagram 1025.1 or 1025.3 in schedule 6 of the Traffic Signs Regulations and General Directions 1994 which includes the words “bus stand”.
k
“London Regional Transport” has the meaning given by the London Regional Transport Act 1984 .
l
“pedal cycle” has the same meaning as in regulation 4 of the Traffic Signs Regulations and General Directions 1994.
General prohibition of stopping
3
1
Subject to the provisions of paragraphs (2) and (3) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop in the trunk road red route during the restricted hours.
2
Subject to the provisions of paragraph (3) of this article, and of articles 5(1), 8 and 9, no person shall cause any vehicle to stop at any time in any lengths of the trunk road red route specified in schedule 4.
3
The controls specified in paragraphs (1) and (2) of this article do not apply in respect of any area of the trunk road red route specified in schedule 2A.
4
In this article “the restricted hours” means, in relation to a length of the trunk road red route specified in an item in column (2) of the table in schedule 1, the hours specified in that item in column (3) of that table.
Exemptions for parking
4
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
Miscellaneous exemptions for parking
5
1
Licensed taxi cabs: The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to be parked at the edge of the carriageway on a length of road specified in schedule 2D.
2
Buses: The controls specified in article 3(1) do not apply in respect of a person causing a bus to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2E during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
3
Doctors' vehicles: The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2F during the hours specified in column (3) in that item, provided that–
a
there is displayed in the windscreen of the vehicle a badge issued by, or with the authority of, the Traffic Director for London to a medical practitioner, and which specifies–
i
the name of the person to whom it was issued, and
ii
the premises in relation to which it applies; and
b
the vehicle was parked by, or with the permission of, the person whose name is specified on the badge and for so long only as the person who parked the vehicle is engaged in work at the premises specified on the badge.
4
Solo motor bicycles: The controls specified in article 3(1) do not apply in respect of a person causing a motor bicycle without a side-car to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2G during the hours specified in column (3) in that item.
Exemptions for loading and unloading
6
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which is being loaded or unloaded to stop at the edge of the carriageway on a length of road specified in an item in column (2) of the tables in schedules 3A and 3B during the hours specified in column (3) in that item for as long as is needed to load or unload the vehicle or 20 minutes, whichever is the less, provided that not less than 20 minutes has elapsed since the vehicle was last parked on any part of the same length of road.
Exemptions for disabled persons
7
1
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item.
2
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2C during the hours specified in column (3) in that item.
3
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position, and a parking disc on which is shown the time at which the period of parking began, to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item, for a period of up to 3 hours not being a period separated by an interval of less than 1 hour from a previous period when that vehicle was parked in that length of road.
Exemptions at bus stops and stands
8
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing:
a
a bus to stop at a bus stop for as long as may be required to enable passengers to board or alight; or
b
a bus to stop at a bus stop or a bus stand and being used for operational reasons in the course of providing a London bus service (as defined in section 34 of the Transport Act 1985 ) under an agreement with London Regional Transport or training drivers to allow such a service to be provided.
2
In this article “operational reasons” means:
i
to enable passengers to board and alight;
ii
to enable crew changes to take place;
iii
to maintain the scheduled timetable subject, in the case of a bus stop, to a maximum wait of two minutes.
Other exemptions
9
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to stop if that person is–
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) and (2) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) and (2) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
4
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a pedal cycle to be parked at a facility specifically provided for the purpose of pedal cycle parking by, or with the consent of, the highway authority.
Revocation or variation of existing Orders
10
1
Subject to paragraph (2) of this article, the A23 Trunk Road (Lambeth) Red Route Experimental Traffic Order 1997 , the Lambeth (Waiting and Loading Restriction) Order 1978: GLC 1978/341 as amended and the Lambeth (Restriction of Waiting at Bus Stops) ( No. 1/1974 and No. 1/1977) Order 1977: GLC 1977/450 as amended are hereby revoked, in so far as its provisions relate to any part of the trunk road red route.
2
The revocation specified in paragraph (1) of this article shall take effect in respect of any provision contained in the A23 Trunk Road (Lambeth) Red Route Experimental Traffic Order 1997, Lambeth (Waiting and Loading Restriction) Order 1978: GLC 1978/341 as amended and the Lambeth (Restriction of Waiting at Bus Stops) (No. 1/1974 and No. 1/1977) Order 1977: GLC 1977/450 as amended only from the time at which the traffic sign indicating the effect of that provision has been obliterated.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
17th June 1999


type: legislation

jurisdiction: UK

text:
1
The Fees appearing in the Schedule to this Order are established. The Tables of the Schedule contain particulars of the Annual Fees which are to be received, after the commencement of this Order, by the legal officers named in Table I of the Schedule (hereinafter referred to as “Table I”) in respect of the carrying out by them of the duties of their offices specified in the Appendix hereto (hereinafter referred to as “the Appendix”) and by the legal officers named in Table II of the Schedule in respect of the carrying out by them of the duties of their offices.
2
The Fees established and set out in the second column of Table I of the Schedule are to be paid by the diocesan board of finance. The Fees established and set out in the third column of Table I and in Table II of the Schedule are the liability of the diocesan bishop or archbishop, subject to the provisions of section 8 of the Ecclesiastical Fees Measure 1986.
3
The Legal Officers (Annual Fees) Order 1998 is hereby revoked.
4
The diocesan registrar shall perform the duties and provide the professional services set forth in the Appendix in consideration of the annual fee set out in Table I to this Order for his diocese and shall not be entitled to receive any other remuneration for such duties or services save as provided by this Order.
5
a
Subject to the provisions of this paragraph nothing in this Order shall preclude a diocesan board of finance from agreeing to pay an additional fee to a diocesan registrar by way of annual fee or retainer (hereinafter called a “supplementary annual fee”) which is in addition to the annual fee payable under Table I.
b
An agreement made under sub-paragraph (a) above shall be expressed to be an agreement for a payment by way of supplementary annual fee.
c
An agreement made under sub-paragraph (a) above shall be in writing. The period for which the agreement is to run shall be stated in the agreement. In the absence of any such statement the agreement shall remain binding until determined by not less than three months' notice on either side.
d
The body responsible for paying a supplementary annual fee shall be the diocesan board of finance.
6
A fee specified in the Schedule to this Order shall be increased by a sum for reasonable expenses of travel, subsistence and accommodation.
7
Where Value Added Tax is chargeable in respect of the provision of any service for which a fee is prescribed in this Order (including any fee specified in paragraph 4 of the Appendix) there shall be payable in addition to that fee the amount of the Value Added Tax.
8
This Order may be cited as the Legal Officers (Annual Fees) Order 1999 and shall come into operation on the first day of January 2000.
J Laws
+ George Cantuar:
M J Colman
G F Tattersall
D J V Wright
Dated this 8th day of June 1999
Approved by the General Synod the 10th day of July 1999
D M Williams
Clerk to the Synod


text:
Title, commencement and extent
1
1
These Regulations may be cited as the Plant Protection Products (Amendment) (No. 2) Regulations 1999 and shall come into force on 13th January 2000.
2
These Regulations shall apply in Great Britain.
3
For the avoidance of doubt, in their application to Scotland these Regulations shall have effect both in relation to the exercise by the Scottish Ministers, by virtue of section 53 of the Scotland Act 1998, of relevant functions under the Plant Protection Products Regulations 1995 and to the continuing exercise of those functions, by virtue of section 57 of that Act, by the Minister of Agriculture, Fisheries and Food and the Secretary of State.
Amendment of the Plant Protection Products Regulations 1995
2
Regulation 2(1) of the Plant Protection Products Regulations 1995 shall be amended by substituting for the definition of “the Directive” the following definition —
“the Directive” means Council Directive 91/414/ EEC concerning the placing of plant protection products on the market , as amended by —
Commission Directive 93/71/EEC ;
Commission Directive 94/37/ EC ;
Commission Directive 94/79/EC ;
Commission Directive 95/35/EC ;
Commission Directive 95/36/EC ;
Commission Directive 96/12/EC ;
Commission Directive 96/46/EC ;
Commission Directive 96/68/EC ;
Council Directive 97/57/EC ;
Commission Directive 97/73/EC ;
Commission Directive 98/47/EC ;
Commission Directive 1999/1/EC ;
Commission Directive 1999/73/EC ;
Commission Directive 1999/80/EC ;
.
Amendment of the Plant Protection Products (Fees) Regulations 1995
3
Regulation 2 of the Plant Protection Products (Fees) Regulations 1995 shall be amended by substituting for the definition of “ principal Regulations ” the following definition —
“principal Regulations” means the Plant Protection Products Regulations 1995 as amended by —
the Plant Protection Products (Amendment) Regulations 1997 ;
the Plant Protection Products (Amendment) (No. 2) Regulations 1997 ;
the Plant Protection Products (Amendment) (No. 2) Regulations 1999;
.
Revocation
4
The Plant Protection Products (Amendment) Regulations 1999 are hereby revoked.
Hayman
Minister of State Ministry of Agriculture, Fisheries and Food
20th December 1999
John Reid
Secretary of State for Scotland
20th December 1999
We consent to the making of regulations 3 and 4 of these Regulations,
Jim Dowd
Bob Ainsworth
Two of the Lords Commissioners of Her Majesty’s Treasury
20th December 1999


text:
1
This Order may be cited as the School Standards and Framework Act 1998 (Appointed Day) (England) Order 1999.
2
The appointed day for the purposes of paragraph 4(3) and (6) of Schedule 32 to the School Standards and Framework Act 1998 in relation to the payment of grant under the Education (Schedule 32 to the School Standards and Framework Act 1998) (England) (No.2) Regulations 1999 shall be 1st September 1999.
David Blunkett
Secretary of State for Education and Empolyment
10th August 1999


text:
Citation and commencement
1
These Rules may be cited as the Insolvency (Amendment) Rules 1999 and shall come into force on 22nd March 1999.
Interpretation
2
In these Rules references to “the principal Rules” are to the Insolvency Rules 1986 and a Rule referred to by number means the Rule so numbered in the principal Rules.
Application
3
The principal Rules shall have effect subject to the amendments set out in the Schedule to these Rules.
Irvine of Lairg, C.
11th February 1999
I concur, on behalf of the Secretary of State
Kim Howells
Parliamentary Under-Secretary of State for Competition and Consumer Affairs,
Department of Trade and Industry
16th February 1999


text:
Citation and Commencement
1
These Regulations may be cited as the Leicester College (Government) Regulations 1999, and shall come into force on 1st April 1999.
Application
2
It is hereby prescribed that the instrument of government and articles of government of the further education corporation to be established under the name of “Leicester College” shall be as set out in Schedules 1 and 2 to these Regulations respectively.
Tessa Blackstone
Minister of State,
Department for Education and Employment
10th March 1999


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Housing Benefit (General) Amendment (No. 3) Regulations 1999 and shall come into force —
a
for the purposes of this regulation and regulations 12 and 13, on 1st November 1999;
b
for the purposes of regulation 6, on 3rd April 2000; and
c
for the purposes of regulations 2 to 5 and 7 to 11,
i
in any case where rent is payable at intervals of a whole number of weeks, on 3rd April 2000; and
ii
in any other case, on 1st April 2000.
2
In these Regulations “the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 .
Amendment of regulation 2 of the Housing Benefit Regulations
2
In paragraph (1) of regulation 2 of the Housing Benefit Regulations (interpretation) there shall be inserted in the appropriate place the following definition —
“supported accommodation” has the meaning given in paragraph 7 of Schedule 1 (ineligible service charges);
.
Amendment of regulation 8 of the Housing Benefit Regulations
3
In paragraph (2A) of regulation 8 of the Housing Benefit Regulations (eligible housing costs) for the words “or Schedule 1 (ineligible service charges)” there shall be substituted the words “or Schedules 1 (ineligible service charges) or 1B (service charges for claimants in supported accommodation)”.
Amendment of regulation 10 of the Housing Benefit Regulations
4
In paragraph (7) of regulation 10 of the Housing Benefit Regulations (rent) for the words “Schedule 1” there shall be substituted the words “Schedules 1 (ineligible service charges) and 1B (service charges for claimants in supported accommodation)”.
Amendment of regulation 11 of the Housing Benefit Regulations
5
In regulation 11 of the Housing Benefit Regulations (maximum rent) after paragraph (5) there shall be inserted the following paragraphs —
5A
In a case where a maximum rent has been determined in respect of a claimant under paragraph (2), (3), (3A) , (4) or (5), that maximum rent shall be adjusted in accordance with paragraphs (5B) to (5F) as appropriate.
5B
A maximum rent determined under paragraph (2), (3), (3A) or (4) shall, subject to paragraphs (5C) and (5D), be increased by the sum of those service charges specified in the exceptions provided in sub-paragraphs (a)(iv)(cc), (c) and (f) of paragraph 1 of Schedule 1 (ineligible service charges) and Schedule 1B (service charges for claimants in supported accommodation) determined by the appropriate authority as eligible to be met by housing benefit, and the maximum rent shall be that increased amount.
5C
In a case to which paragraph (2) applies, where a rent officer has determined a relevant rent which includes an amount in respect of service charges for —
a
the cleaning of rooms and windows which are eligible to be met by housing benefit, other than those eligible by virtue of sub-paragraphs (a)(iv)(aa) or (bb) of paragraph 1 of Schedule 1;
b
the provision of an emergency alarm system; or
c
general counselling or any other support,
that amount shall be deducted from the maximum rent before any increase under paragraph (5B).
5D
In a case to which paragraph (4) applies, the appropriate authority shall reduce the relevant rent by the sum of those service charges for —
a
the cleaning of rooms and windows which are eligible to be met by housing benefit, other than those eligible by virtue of sub-paragraphs (a)(iv)(aa) or (bb) of paragraph 1 of Schedule 1;
b
the provision of an emergency alarm system; or
c
general counselling or any other support,
determined by a rent officer as eligible to be met by housing benefit, and use that relevant rent so reduced in determining whether that case should fall under either sub-paragraph (a) or (b) of that paragraph and in a case which falls under sub-paragraph (b) the sum of those service charges shall be deducted from the maximum rent before any increase under paragraph (5B)
5E
In the case of a claimant who occupies supported accommodation and whose case falls under paragraph (5), the appropriate authority shall treat references to the local reference rent as references to the local reference rent plus those service charges it has determined as eligible to be met by housing benefit under sub-paragraphs (a)(iv)(cc), (c) and (f) of paragraph (1) of Schedule 1 (ineligible service charges) and Schedule 1B (service charges for claimants in supported accommodation).
.
Amendment of regulation 12A of the Housing Benefit Regulations
6
In paragraph (1A) of regulation 12A of the Housing Benefit Regulations (requirement to refer to rent officers) —
a
in sub-paragraph (a) for the word “they” there shall be substituted the words “those payments”;
b
for sub-paragraph (b) there shall be substituted the following sub-paragraph —
b
where those payments include any of the service charges specified in paragraph (1ZA) —
i
that such charges are included; and
ii
the amount of those charges which the appropriate authority has determined as —
aa
ineligible to be met by housing benefit in accordance with regulation 10(3) and Schedule 1 (ineligible service charges); and
bb
eligible to be met by housing benefit in accordance with regulation 10(3), that Schedule and Schedule 1B (service charges for claimants in supported accommodation).
;
c
sub-paragraph (c) shall be omitted; and
d
after paragraph (1A) there shall be inserted the following paragraph —
1ZA
Charges in respect of the following are the service charges to which sub-paragraph (b) of paragraph (1A) applies —
a
the cleaning of rooms and windows (except services specified in sub-paragraphs (a)(iv)(aa) or (bb) of paragraph (1) of Schedule 1 (ineligible service charges));
b
the provision of an emergency alarm system;
c
medical expenses;
d
the provision of nursing care or personal care; and
e
general counselling or other support services.
Amendment of regulation 68 of the Housing Benefit Regulations
7
In regulation 68 of the Housing Benefit Regulations (date on which change of circumstances is to take effect) —
a
in paragraph (1) for the words “to (7)” there shall be substituted the words “to (8)”; and
b
at the end there shall be added the following paragraph —
8
Where the change of circumstances is the receipt of a community care assessment by a claimant in supported accommodation, that change of circumstances shall take effect on the date on which the appropriate authority is required to treat the community care assessment as made under these Regulations.
.
Amendment of Schedule 1 to the Housing Benefit Regulations
8
1
Schedule 1 to the Housing Benefit Regulations (ineligible service charges) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph 1 —
a
in head (iv) of sub-paragraph (a) for the words “(other than communal areas)” to the end of the head there shall be substituted the words —
except —
aa
the exterior of any windows in accommodation (other than supported accommodation) where neither the claimant nor any member of his household is able to clean those windows himself;
bb
in communal areas; or
cc
where the claimant is in supported accommodation and those charges fall under paragraph 3 of Schedule 1B (service charges for claimants in supported accommodation); and
;
b
in sub-paragraph (c) for the words “such a system” to the end of that sub-paragraph there shall be substituted the words “the claimant is in supported accommodation and those charges fall under paragraph 4 of Schedule 1B (service charges for claimants in supported accommodation);”; and
c
in sub-paragraph (f) for heads (i) to (iii) there shall be substituted the following heads —
i
are provided to a claimant in supported accommodation by his landlord in person or someone on his behalf; and
ii
fall under paragraph 2 of Schedule 1B (service charges for claimants in supported accommodation); and
.
3
In paragraph 7 —
a
after the words “In this Schedule” there shall be inserted the words “and Schedule 1B (service charges for claimants in supported accommodation)”; and
b
in the definition of “supported accommodation” —
i
for the words “was either occupied or available for occupation on 18th August 1997 and which was at that date and continues to be” there shall be substituted the word “is”;
ii
in head (b) the word “accommodation” shall be omitted where it first appears;
iii
in head (b) for the words “where care, support or supervision is provided by, or on behalf of, that body to the occupants of that accommodation” there shall be substituted the words —
where that body or a person acting on its behalf also provides the claimant with care, support or supervision
;
iv
for head (c) there shall be substituted the following head —
c
occupied by a person whom a local authority has assessed in accordance with section 47 of the National Health Service and Community Care Act 1990 or section 12A of the Social Work (Scotland) Act 1968 as having needs which call for the provision of services —
i
specified in any of the exceptions provided in sub-paragraphs (a)(iv)(cc), (c) and (f) of paragraph (1) of this Schedule and Schedule 1B (service charges for claimants in supported accommodation); and
ii
which that authority has confirmed the landlord as either capable of providing or ensuring their provision by others,
; and
v
for the words “accommodation which would fall” to the end of the definition there shall be substituted the words —
where a community care assessment to which head (c) refers is made following a period in which the claimant has incurred liability in respect of any of the services specified in the exceptions provided in sub-paragraphs (a)(iv)(cc), (c) and (f) of paragraph 1 of this Schedule and Schedule 1B (service charges for claimants in supported accommodation) and that liability is continuous up to the date of that community care assessment, the appropriate authority shall treat the assessment as if it were made on —
i
in the case of a claimant who claims housing benefit (other than by way of a claim for a further grant of that benefit) on or after —
aa
3rd April 2000 in a case where rent is payable at intervals of a whole number of weeks; or
bb
1st April 2000 in any other case,
the date on which that claim is made or treated as made;
ii
in the case of a claimant who was entitled to housing benefit on —
aa
3rd April 2000 in a case where rent is payable at intervals of a whole number of weeks; or
bb
1st April 2000 in any other case,
but whose award would have been for a higher amount had the community care assessment been made earlier, the 3rd or 1st April as the case may be; or
iii
in the case of a claimant who claims housing benefit on or after 1st April 2000 but is not entitled to that benefit, but who would have been so entitled had the community care assessment been made on or before that date, the date on which his entitlement would have commenced under regulation 65 (date on which entitlement is to commence had that community care assessment been made on the date on which he made that claim.
.
Insertion of Schedule 1B to the Housing Benefit Regulations
9
After Schedule 1A to the Housing Benefit Regulations (excluded tenancies) there shall be inserted the following schedule —
SCHEDULE 1B
SERVICE CHARGES FOR CLAIMANTS IN SUPPORTED ACCOMMODATION
Regulation 10 and Schedule 1
1
Subject to paragraph 3 of Schedule 1 the service charges specified in paragraphs 2 to 4 shall be eligible to be met by housing benefit.
2
The service charges in respect of general counselling or other support which fall under this paragraph are —
a
charges in respect of time spent in the provision of general counselling or other support which assists the claimant with maintaining the security of the dwelling he occupies as his home;
b
charges in respect of time spent in the provision of general counselling or other support which assists the claimant with maintaining the safety of the dwelling he occupies as his home (including making arrangements for the checking of the claimant’s own appliances where these could pose a safety hazard);
c
charges in respect of time spent in the provision of general counselling or other support which is directed at assisting the claimant with compliance with those terms in his tenancy agreement concerned with —
i
nuisance;
ii
rental liability;
iii
maintenance of the interior of the dwelling in an appropriate condition; and
iv
the period for which the tenancy is granted,
such charges to include those in respect of time spent in the provision of general counselling or other support which assists the claimant with contacts with individuals or professional or other bodies with an interest in ensuring his welfare; and
d
provided that they are not charges specified in any of sub-paragraphs (a)–(c), charges in respect of time spent in the provision of general counselling or other support which is provided to the claimant —
i
by either a resident warden or a non-resident warden with a system for calling him;
ii
in accommodation which it is the practice of the landlord to let for occupation by persons in need of general counselling or other support services where the dwelling is one of a group of dwellings and that warden provides services which are wholly or mainly for the purposes of assisting persons in those dwellings.
3
The service charges in respect of the cleaning of rooms and windows which fall under this paragraph are those where neither the claimant nor any member of his household is able to clean them himself.
4
The service charges in respect of the provision of an emergency alarm system which fall under this paragraph are those where the emergency alarm system is provided in accommodation which is occupied by elderly, sick or disabled persons and such accommodation, apart from the alarm system, is either —
i
specifically designed or adapted for such persons, or
ii
otherwise particularly suitable for them, having regard to its size, heating system and other major features or facilities.
.
Amendment of the Housing Benefit (General) Amendment Regulations 1995
10
Regulation 10 (saving provision) of the Housing Benefit (General) Amendment Regulations 1995 shall be amended as follows —
a
in paragraph (1) at the end there shall be added the words —
but as if references to Schedule 1 (ineligible service charges) were references to Schedules 1 (ineligible service charges) and 1B (service charges for claimants in supported accommodation) as in force on 3rd April 2000, and as if in paragraph (7) of regulation 10 there were substituted for the words “and Schedule 1” the words “Schedules 1 (ineligible service charges) and 1B (service charges for claimants in supported accommodation)”
;
b
in paragraph (6) in the definition of “exempt accommodation” in head (ii) for the words “where care, support or supervision is provided by, or on behalf of, that body to the occupants of that accommodation” there shall be substituted the words —
where that body or a person acting on its behalf also provides the claimant with care, support or supervision
.
Savings
11
1
In paragraph (1) of regulation 12 of the Housing Benefit Regulations as saved by paragraph (3) of regulation 4 of the Housing Benefit and Council Tax Benefit (General) Amendment Regulations 1997 (“the 1997 Regulations ”) for the word “may” where it first appears there shall be substituted the word “shall”.
2
In a case where the claimant is a person who meets the conditions specified in paragraph (3) the appropriate authority shall, when calculating 50 per cent. of the amount by which the relevant rent exceeds the local reference rent, deduct from the relevant rent the following charges determined by the rent officer as eligible to be met by housing benefit —
a
charges in respect of the cleaning of rooms and windows other than those eligible by virtue of sub-paragraphs (a)(iv)(aa) or (bb) of paragraph 1 of Schedule 1;
b
charges in respect of the provision of an emergency alarm system; or
c
charges in respect of general counselling or any other support.
3
The conditions of this paragraph are that the claimant is a person —
a
in respect of whom sub-paragraph (c) of paragraph (2) of regulation 3 of the 1997 Regulations does not have effect, by virtue of paragraph (1) of regulation 4 (savings) of those Regulations; and
b
whose maximum rent falls to be adjusted in accordance with paragraph (5A) of regulation 11 of the Housing Benefit Regulations.
4
In a case where the claimant is a person to whom paragraph (3) of regulation 4 (savings) of the 1997 Regulations applies the appropriate authority shall apply regulation 12 as if —
i
in paragraph (1) after the words “paragraph (2)” there were inserted the words “and paragraph (2A)”; and
ii
after paragraph (2) there were inserted the following paragraph —
2A
This regulation shall not apply to any increase in a claimant’s eligible rent in respect of those service charges specified in the exceptions provided in sub-paragraphs (a)(iv)(cc), (c) or (f) of paragraph 1 of Schedule 1 (ineligible service charges) and Schedule 1B (service charges for claimants in supported accommodation).
.
Amendment of regulation 3 of the Housing Benefit (General) Amendment (No. 2) Regulations 1997
12
In regulation 3 of the Housing Benefit (General) Amendment (No. 2) Regulations 1997 (date the Regulations are to cease to have effect), for the words “on 31st October 1999” there shall be substituted the words “in any case where rent is payable at intervals of a whole number of weeks, on 2nd April 2000, and in any other case on 31st March 2000”.
Cessation in operation of these Regulations
13
These Regulations shall cease to have effect —
a
in any case where rent is payable at intervals of a whole number of weeks, on 6th April 2003; and
b
in any other case, on 31st March 2003,
and the Housing Benefit Regulations, the Housing Benefit (General) Amendment Regulations 1995 and the Housing Benefit and Council Tax Benefit (General) Amendment Regulations 1997 shall apply thereafter as if the amendments made to them by these Regulations had not been made.
Signed by authority of the Secretary of State for Social Security.
Angela Eagle
Parliamentary Under-Secretary of State,
Department of Social Security
30th September 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Cardiff and District Community National Health Service Trust (Establishment) Order 1999 and shall come into force on 1st April 1999.
2
In this Order unless the context otherwise requires–
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of or Schedule 1 to the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means Cardiff and District Community National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called Cardiff and District Community National Health Service Trust or Ymddiriedolaeth Gwasanaeth Iechyd Gwladol Cymunedol Caerdydd a'r Cylch.
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions shall be–
a
to own and manage pursuant to section 5(1)(a) of the Act–
i
Whitchurch Hospital, Park Road, Cardiff CF4 1XB,
ii
Royal Hamadryad Hospital, Hunter Street, Cardiff Bay, Cardiff CF1 6UQ,
iii
Dental Hospital and School, Heath Park, Cardiff CF4 4XY,
and associated hospitals and premises, and there to provide and manage hospital accommodation and services (including the management of their teaching and research facilities);
b
to own and manage pursuant to section 5(1)(a) of the Act Trenewydd, Fairwater Road, Llandaff, Cardiff CF5 2LD and associated premises, and there to provide and manage community health services; and
c
to provide and manage pursuant to section 5(1)(b) of the Act community health services from–
i
Sealock Centre, 2nd Floor, Sealock Warehouse, Burt Street, Butetown, Cardiff CF1 6HZ;
ii
premises at 1st Floor, 128 Cowbridge Road West, Cardiff CF5 5BT; and
iii
Meridian Court, North Road, Cardiff CF4 3BL.
Directors of the trust
4
1
The trust shall have, in addition to the chairman, 7 non-executive directors and 5 executive directors.
2
Since the trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 3(1)(d) of Schedule 2 to the Act, one of the non-executive directors shall be appointed from the University of Wales.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1999.
2
The accounting date of the trust shall be 31st March.
Restriction on disposal of assets
6
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under Secretary of State, Welsh Office
11th March 1999


text:
Citation and commencement
1
This Order may be cited as the Ordnance Survey Trading Fund Order 1999 and shall come into force on 1st April 1999.
Establishment of the Fund
2
1
From 1st April 1999, there shall be established a trading fund to be known as The Ordnance Survey Trading Fund (“the Fund”).
2
The operations of the Crown service known as Ordnance Survey described in Schedule 1 shall be financed by means of the Fund.
Source of loans
3
The National Loans Fund is designated as the source of issues to the Fund by way of loan.
Assets, liabilities, reserves and public dividend capital
4
1
The Crown assets and liabilities set out in Schedule 2 shall be appropriated as assets and liabilities of the Fund.
2
£4,500,000 of the amount by which the values of the assets of the Fund exceeds the amounts of the liabilities shall be treated as a revaluation reserve in the accounts of the Fund, and the reserve so treated shall be maintained as a revaluation reserve.
3
£14,000,000, being part of the amount by which the value of the assets of the Fund exceeds the amount of the liabilities of the Fund, shall be treated as public dividend capital of the Fund.
Maximum borrowing etc
5
The aggregate of the following shall not exceed £30,000,000:
a
the total outstanding at any given time in respect of amounts issued to the Fund under section 2B of the Government Trading Funds Act 1973 (other than as originating debt) and,
b
the total at that time constituting public dividend capital issued to the Fund under section 2A(2A) of that Act.
Signed by authority of the Secretary of State
Nick Raynsford
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
23rd March 1999
We concur,
Jane Kennedy
Bob Ainsworth
Two of the Lords Commissioners of Her Majesty’s Treasury
24th March 1999


text:
Citation and commencement
1
1
These Regulations may be cited as the Social Security Amendment (Educational Maintenance Allowance) Regulations 1999 and shall, subject to paragraph (2) of this regulation, come into force on 16th August 1999.
2
In relation to any particular claimant for either family credit or disability working allowance, regulation 2 of these Regulations shall have effect, where a claimant has an award of either of those benefits–
a
which expires on 16th August 1999, on 17th August 1999;
b
which expires after 16th August 1999, on the day following the expiration of that award.
Disregard of educational maintenance allowance
2
1
For each of the paragraphs specified in paragraph (2) of this regulation (which relate to sums to be disregarded in the calculation of income other than earnings) there shall be substituted the following paragraph–
Any–
educational maintenance allowance payable by virtue of regulations made under section 518 of the Education Act 1996 (payment of school expenses; grant of scholarships etc. ) (“the 1996 Act ”); or
sum (not being an allowance coming within sub-paragraph (a)) in respect of a course of study attended by a child or young person payable by virtue of regulations made under section 518 of the 1996 Act, section 49 of the Education (Scotland) Act 1980 (power to assist persons to take advantage of educational facilities) or section 12(2)(c) of the Further and Higher Education (Scotland) Act 1992 (provision of financial assistance to students).
.
2
The paragraphs specified for the purposes of paragraph (1) of this regulation are–
a
paragraph 10 of Schedule 4 to the Council Tax Benefit (General) Regulations 1992 ;
b
paragraph 9 of Schedule 3 to the Disability Working Allowance (General) Regulations 1991 ;
c
paragraph 9 of Schedule 2 to the Family Credit (General) Regulations 1987 ;
d
paragraph 10 of Schedule 4 to the Housing Benefit (General) Regulations 1987 ;
e
paragraph 11 of Schedule 9 to the Income Support (General) Regulations 1987 ;
f
paragraph 12 of Schedule 7 to the Jobseeker’s Allowance Regulations 1996 .
Signed by authority of the Secretary of State for Social Security.
Angela Eagle
Parliamentary Under-Secretary of State,
Department of Social Security
14th June 1999


text:
1
This Order may be cited as the Recreation Grounds (Revocation of Parish Council Byelaws) Order 1999 and shall come into force on 30th May 1999.
2
The byelaws mentioned in the left-hand column of the Schedule to this Order, made with respect to the recreation grounds and other areas named or described in the right-hand column of that Schedule, are hereby revoked.
George Howarth
Parliamentary Under-Secretary of State
Home Office
26th April 1999


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Income Support (General) (Standard Interest Rate Amendment) Regulations 1999 and shall come into force on 21st February 1999.
2
These Regulations shall have effect in relation to any particular claimant–
a
in a case where income support is paid to the claimant in arrears in accordance with paragraph 7(1)(i) of Schedule 7 to the Claims and Payments Regulations (date when change of circumstances is to take effect)–
i
from the first day of the benefit week which includes 28th February 1999; or
ii
if the claim for income support is for a period commencing after 28th February 1999, from the first day of the first benefit week commencing after 21st February 1999;
b
in a case where income support is paid to the claimant in advance in accordance with paragraph 7(1)(ii) of Schedule 7 to the Claims and Payments Regulations, from the first day of the first benefit week commencing after 28th February 1999,
and for this purpose, the expressions “claimant” and “benefit week” have the same meanings as in regulation 2(1) of the Income Support Regulations (interpretation).
3
In these Regulations, “the Claims and Payments Regulations” means the Social Security (Claims and Payments) Regulations 1987 and “the Income Support Regulations” means the Income Support (General) Regulations 1987 .
Amendment of Schedule 3 to the Income Support Regulations
2
In paragraph 12(1)(a) of Schedule 3 to the Income Support Regulations (standard rate of interest on qualifying loans), for the words “8.65 per cent.” there shall be substituted the words “8.24 per cent.”.
Revocation of the Income Support (General) (Standard Interest Rate Amendment) ( No. 2) Regulations 1998
3
The Income Support (General) (Standard Interest Rate Amendment) (No. 2) Regulations 1998 are hereby revoked save that those Regulations shall continue to have effect until the day before the first day of the benefit week having effect in relation to any particular claimant for the purpose of regulation 1(2) of these Regulations.
Signed by authority of the Secretary of State for Social Security.
Angela Eagle
Parliamentary Under-Secretary of State,
Department of Social Security
21st January 1999


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Overlapping Benefits) Amendment Regulations 1999.
2
Subject to paragraph (3), these Regulations shall come into force on 12th April 1999.
3
These Regulations shall come into force–
a
on 13th April 1999, where in any particular case the weekly rate of widowed mother’s allowance is increased, or guardian’s allowance is payable (other than a case where the Secretary of State has arranged for guardian’s allowance to be payable on a Monday) in respect of a child or children;
b
on the 14th April 1999, where in any particular case the weekly rate of disablement benefit, or invalid care allowance (where that benefit is payable on a Wednesday), is increased in respect of a child or children, or where an allowance is paid in respect of a child or children under paragraph 18 of Schedule 7 to the Social Security Contributions and Benefits Act 1992 (children of deceased’s family);
c
on the 15th April 1999, where in any particular case the weekly rate of incapacity benefit, severe disablement allowance, disablement benefit paid under article 18 of the Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit Scheme 1983 or retirement pension of any category (where that pension is payable on a Thursday), is increased in respect of a child or children; and
d
where in any particular case the weekly rate of retirement pension is increased in respect of a child or children and that pension is payable, in accordance with regulation 22(3) of, and paragraph 5 of Schedule 6 to, the Social Security (Claims and Payments) Regulations 1987 on a day other than Monday or Thursday, on the day in the week commencing 12th April 1999 which corresponds with the day of the week in respect of which retirement pension is payable in that case.
Amendment to regulation 8 of the Social Security (Overlapping Benefits) Regulations 1979
2
In regulation 8(3) of the Social Security (Overlapping Benefits) Regulations 1979 there shall be substituted for the figure “£0.75 ” the figure “£3.35”.
Signed by authority of the Secretary of State for Social Security.
Stephen C. Timms
Minister of State,
Department of Social Security
15th March 1999


text:
Citation and commencement
1
1
These Regulations may be cited as the Social Security (Overlapping Benefits) Amendment (No. 2) Regulations 1999.
2
Subject to paragraph (3), these Regulations shall come into force on 17th May 1999.
3
These Regulations shall come into force —
a
on 18th May 1999, where in any particular case guardian’s allowance is payable (other than a case where the Secretary of State has arranged for guardian’s allowance to be payable on a Monday);
b
on 20th May 1999, where in any particular case the weekly rate of incapacity benefit or severe disablement allowance is increased in respect of a child or children.
Amendment to regulation 8 of the Social Security (Overlapping Benefits) Regulations1979
2
In regulation 8(2) of the Social Security (Overlapping Benefits) Regulations 1979 there shall be substituted for the figure £0.75 in both places where it occurs the figure £3.35.
Signed by authority of the Secretary of State for Social Security.
P. Hollis
Parliamentary Under-Secretary of State,
Department of Social Security
13th May 1999


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Upper Thames Tributaries) Designation (Amendment) Order 1999 and shall come into force on 31st August 1999.
Interpretation
2
In this Order “the principal Order ” means the Environmentally Sensitive Areas (Upper Thames Tributaries) Designation Order 1994 , as amended at the date that this Order comes into force.
Amendment of the principal Order
3
The principal Order shall be amended in accordance with the following provisions of this Order.
4
In article 2(1) of the principal Order, the provisions immediately following the words “In this Order–” to the end of article 2(1), in so far as they were made under section 18 of the Agriculture Act 1986, shall be deleted and the following definitions shall be inserted at their appropriate alphabetical place:
“agreement” means an agreement under section 18(3) of the Agriculture Act 1986 as respects agricultural land in the area designated by article 3;
“buffer strip” means a strip of land which is subject to a prohibition of the use of fertilisers and pesticides, is at least five metres wide and is located at the edge of a field used for the production of arable crops;
“capital activity” means an activity specified in Schedule 1;
“conservation plan” means a plan incorporated into an agreement for the carrying out of one or more capital activities within a specified period;
“cultivated land” means land which is regularly ploughed or otherwise cultivated or that is regularly treated with fertilisers;
“extensive permanent grassland” means permanent grassland which is receiving no or only minimal inputs of fertiliser or pesticides;
“farmer” means a person who has an interest in agricultural land in the area designated by article 3, and who has also entered into an agreement with the Minister;
“grassland” means land on which the vegetation consists primarily of grass species and includes meadowland, pasture and rough grazing;
“management activity” means an activity specified in Schedule 2;
“permanent grassland” means grassland which has not been ploughed or re-seeded for at least five years;
“public access route” means a strip of land which is the subject of an agreement and on which access is given to the public;
“relevant date” means 31st August 1999;
“scrape” means a shallow excavation which may hold water seasonally;
“wet grassland” means grassland with the potential to retain winter and spring water levels at marsh level to create field wetness or to allow shallow pools to develop.
.
5
In article 3 of the principal Order, for the words “dated 3rd March 1994, signed and sealed by the Minister” there shall be substituted “dated 31st July 1999, signed on behalf of the Minister by the Parliamentary Secretary”.
6
For article 4 of the principal Order and the heading hereto there shall be substituted the following article and heading–
Matters in respect of which payments may be made
4
A payment to be made by the Minister under an agreement may be made in respect of–
a
a capital activity; or
b
a management activity which–
i
in the case of a payment to be made under an agreement entered into before the relevant date, is specified in Part I or Part II of Schedule 2; and
ii
in the case of a payment to be made under an agreement entered into on or after the relevant date, is specified in Part I of Schedule 2.
.
7
For article 5 of the principal Order there shall be substituted the following article and heading thereto–
Rates of payment
5
1
Payments to be made by the Minister under an agreement shall not exceed–
a
in the case of a management activity, the rate specified in respect of that activity in column 2 of Schedule 2; and
b
in the case of one or more capital activities included in a conservation plan, £100,000 in aggregate.
2
Any works which form part of an activity which constitutes both a management activity and a capital activity may by virtue of an agreement be eligible for payment either as part of a management activity or as part of a capital activity, but the agreement together with any conservation plan incorporated in it shall not provide for payment to be made on both such bases in respect of the same works.
.
8
For Schedule 1 to the principal Order there shall be substituted the Schedule set out in Schedule 1 to this Order.
9
For Schedule 2 to the principal Order there shall be substituted the Schedule set out in Schedule 2 to this Order.
10
The following provisions of the principal Order shall be deleted–
a
articles 6 and 7; and
b
Schedules 3, 4, 5 and 6.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
31st July 1999
We consent,
Jim Dowd
Bob Ainsworth
Two of the Lords Commissioners of Her Majesty’s Treasury
9th August 1999


text:
1
This Order may be cited as the Crime and Disorder Act 1998 (Commencement No. 6) Order 1999.
2
Section 40 (youth justice plans) of the Crime and Disorder Act 1998 shall, except to the extent that it is already in force, come into force on 1st January 2000.
3
Subject to article 4 below, the following provisions of the Crime and Disorder Act 1998 shall come into force on 1st April 2000:
a
sections 73 to 79 (young offenders: detention and training orders);
b
paragraphs 1, 6, 7, 9(1)(a) and (2), 10(b), 14, 15, 22, 31, 35, 39, 41, 50(1) to (4), 51, 52(1), 78(b), 109 to 112, 114, 135(2)(a), (9) and (10) and 144 of Schedule 8; and
c
the entries in Schedule 10 relating to:
i
sections 56(6) and 67 of the Criminal Justice Act 1967 ;
ii
sections 1 and 42 of the Powers of Criminal Courts Act 1973 ;
iii
section 37 of the Magistrates' Courts Act 1980 ;
iv
section 1A to 1C of the Criminal Justice Act 1982 ;
v
sections 31 and 61 of, and Schedule 12 to, the Criminal Justice Act 1991 ;
vi
section 17 of the Probation Service Act 1993 ;
vii
sections 1 to 4 of, and Schedule 10 to, the Criminal Justice and Public Order Act 1994 ; and
viii
section 2 of the Drug Trafficking Act 1994 .
4
1
A court to which it falls on or after 1st April 2000 to determine for the purposes of any enactment how a previous court could or might have dealt with an offender shall if the offender is under the age of 18 make that determination as if:
a
the following provisions had been in force:
i
sections 73 to 79 of the Crime and Disorder Act 1998; and
ii
paragraph 50(1) of Schedule 8 to that Act; and
b
sections 1 to 4 of the Criminal Justice and Public Order Act 1994 had not been in force.
2
Where —
a
before 1st April 2000 an offender has been committed for sentence by a magistrates' court to the Crown Court under section 37 of the Magistrates' Court Act 1980; but
b
the Crown Court has not dealt with him before that date,
the Crown Court may after inquiring into the circumstances of the case deal with him in any way in which the magistrates' court could deal with him.
3
The amendment of section 1A of the Criminal Justice Act 1982 by paragraph 50(1) of Schedule 8 to the Crime and Disorder Act 1998, and the repeal in Schedule 10 to that Act relating to section 1C of the Criminal Justice Act 1982, shall not affect the operation of those sections in relation to offenders sentenced to detention in a young offender institution before the commencement of that paragraph or that repeal.
4
The amendments of:
a
section 49 of the Children and Young Persons Act 1933 ;
b
section 49 of the Prison Act 1952 ;
c
section 52 of the Firearms Act 1968 ; and
d
section 4 of the Probation Service Act 1993
by paragraphs 1, 7, 15 and 109, respectively, of Schedule 8 to the Crime and Disorder Act 1998 shall not affect the operation of those sections in relation to offenders who are subject to detention or supervision under a secure training order made before the commencement of those paragraphs.
5
The repeals of section 67(5)(c) of the Criminal Justice Act 1967 and sections 1 to 4 of the Criminal Justice and Public Order Act 1994 shall not affect the operation of those sections in relation to offenders who are subject to detention or supervision under a secure training order made before the commencement of those repeals.
Jack Straw
One of Her Majesty’s Principal Secretaries of State
Home Office
15th December 1999


text:
Citation and commencement
1
These Regulations may be cited as the Greater London Magistrates' Courts Authority (Constitution) Regulations 1999 and shall come into force on 10th December 1999.
Interpretation
2
In these Regulations —
a
“the 1997 Act ” means the Justices of the Peace Act 1997;
“the 1999 Act ” means the Access to Justice Act 1999 ;
“ the Authority ” means the Greater London Magistrates' Courts Authority referred to in section 30A(1) of the 1997 Act ;
“category” means a category of members of the Authority described in regulation 4(2);
“ the Mayor ” means the Mayor of London elected under the Greater London Authority Act 1999 ;
“a mayoral nominee” means a person nominated by the Mayor to be a member of the Authority;
“the ALG ” means the Association of London Government;
“a lay magistrate” means a justice of the peace who is not a District Judge (Magistrates' Courts); and
“the selection criteria” means the selection criteria set out in Schedule 1.
b
a reference to a section by number alone is a reference to the section so numbered in the 1997 Act.
Transitional provisions
3
1
The transitional provisions in Schedule 2 shall have effect.
2
Until section 78 of the 1999 Act comes into force, a reference in these Regulations to a District Judge (Magistrates' Courts) shall be read as a reference to a stipendiary magistrate.
Members of the Authority
4
1
There shall be a maximum of 15 members of the Authority including any member co-opted or appointed under regulation 13 unless the Lord Chancellor directs otherwise in accordance with paragraph (8).
2
The membership of the Authority shall comprise —
a
two members who are mayoral nominees; and
b
the following members in the following categories who shall be selected by the selection panel:
i
two members shall be representatives of the ALG (“the ALG category”);
ii
subject to paragraph (3), one member shall be a District Judge (Magistrates' Courts) (“the DJMC category”); and
iii
subject to paragraphs (3) and (4), at least 4 but not more than 10 members shall be either lay magistrates or District Judges (Magistrates' Courts) (“the magistrates' category”).
3
No District Judge (Magistrates' Courts) shall be appointed as a member of the Authority unless he is for the time being acting as a justice of the peace in Greater London.
4
No lay magistrate shall be appointed as a member of the Authority unless he is a justice of the peace for a commission area in Greater London.
5
If a member of the Authority is appointed as a member in the ALG category and the ALG subsequently notifies the Authority that the member is no longer its representative, that member shall immediately cease to be a member of the Authority.
6
If a member is appointed as a member in the DJMC category and he subsequently ceases to be a District Judge (Magistrates' Courts) who is for the time being acting as a justice of the peace in Greater London, that member shall at the same time cease to be a member of the Authority.
7
If a member is appointed as a member in the magistrates' category and he subsequently ceases to be either —
a
a lay magistrate for a commission area in Greater London; or
b
a District Judge (Magistrates' Courts) who is for the time being acting as a justice of the peace in Greater London,
that member shall at the same time cease to be a member of the Authority.
8
The Lord Chancellor may direct that any members co-opted or appointed under regulation 13 are to be left out of account in applying the upper limit of 15 members.
Mayoral nominees
5
1
The Mayor shall —
a
give the names of the first two mayoral nominees to the clerk to the first selection panel; and
b
specify which one shall be appointed for the term described in regulation 10(3)(a) and which one shall be appointed for the term described in regulation 10(3)(b),
as soon as practicable, and no later than three months, after the first Mayor has been elected.
2
Where the Authority requires a mayoral nominee to take office on 1st April in any year, the Authority shall notify the Mayor by 31st December in the preceding year.
3
Where the Mayor is notified that the Authority requires a mayoral nominee to take office on 1st April in any year, the Mayor shall give the clerk to the selection panel the name of the nominee no later than 28th February in that year.
4
The Mayor shall ensure that all mayoral nominees meet the selection criteria.
Selection panel
6
1
The Authority shall establish a selection panel which shall be responsible for selecting the members of the Authority except the mayoral nominees.
2
All members of the selection panel shall have skill and experience in selection and recruitment, including the selection of appropriate persons by reference to specific criteria.
3
The justices' chief executive of the Authority shall act as clerk to the selection panel.
4
The selection panel shall consist of not less than 5 and not more than 11 members.
5
The ALG shall nominate one member to serve on the selection panel in a year by notifying the clerk to the selection panel by 31st December in the preceding year.
6
Subject to paragraph (7), the Authority shall nominate the other members to serve on the selection panel in a year by notifying the clerk to the selection panel by 31st December in the preceding year.
7
The Authority may only nominate a person to serve on the selection panel if that person is either —
a
a lay magistrate who is a justice of the peace for a commission area in Greater London; or
b
a District Judge (Magistrates' Courts) who is for the time being acting as a justice of the peace in Greater London.
8
No member shall be eligible for appointment to the selection panel if he would be 70 years of age before the expiry of the period for which, but for this paragraph, he would be appointed.
9
No member of the selection panel shall be selected as a member of the Authority during the period of appointment.
10
Subject to paragraph (14), a member of the selection panel shall be appointed for one year commencing on 1st January and shall, subject to paragraphs (8) and (9), be eligible for reappointment.
11
The members of the selection panel shall choose a chairman from amongst themselves, and that chairman shall serve until the expiry of his period of appointment to the selection panel.
12
A quorum of the selection panel shall be constituted by one lay magistrate and two other members who may, but need not, be lay magistrates.
13
If a casual vacancy on the selection panel arises —
a
if the vacancy was previously filled by a member nominated by the ALG, the ALG shall nominate a replacement by notifying the clerk to the selection panel;
b
otherwise, the Authority may nominate a replacement by notifying the clerk to the selection panel, but there is no obligation to do so unless the selection panel would otherwise be inquorate.
14
A replacement member shall serve only for the remaining part of the period for which the member he replaced was appointed.
Selection of the Authority
7
1
The selection panel shall decide how it wishes to select the members of the Authority it is required to select.
2
The Authority shall inform the clerk to the selection panel of the number of members in each category which it requires the panel to select, subject to regulation 4:
a
to take office on 1st April 2002, by 31st December 2001;
b
to take office on 1st April in any year after 2002, by 31st December in the preceding year.
3
The selection panel shall annually select the number of members in each category that the Authority requests the panel to select to take office.
4
The selection panel shall make the selection referred to in paragraph (3) from those candidates whose written notice of candidature has been received by the clerk to the selection panel in accordance with regulation 8 and who meet the selection criteria.
5
If the selection panel chooses to select members of the Authority by vote, each member of the selection panel shall have one vote per vacancy, and if the votes are equal for any candidate, the chairman of the selection panel shall have a casting vote.
6
The selection panel shall make the selection and notify the candidates in writing of the result no later than 28th February in each year.
7
If, for any reason, the number of candidates for appointment in the magistrates' category who meet the selection criteria, is less than the number of members requested by the Authority to be selected in that category to take office on 1st April in a particular year —
a
the selection panel shall notify the Authority as soon as practicable after 31st December in the preceding year;
b
the Authority may reduce the number of members it requires to be selected in that category to take office on 1st April of that year and notify the selection panel of the reduced number as soon as practicable after it receives the notification under paragraph (a); and
c
if the number of candidates for that category who meet the selection criteria is still less than the number of members the Authority requires the selection panel to select to take office on 1st April, paragraph (8) shall apply.
8
If this paragraph applies, the selection panel may appoint either —
a
a lay magistrate who is a justice of the peace for a commission area in Greater London; or
b
a District Judge (Magistrates' Courts) who is for the time being acting as a justice of the peace in Greater London,
to fill the vacancy and shall do so if there would otherwise be less than 4 members in the magistrates' category.
Notice of candidature
8
1
A candidate for appointment as a member of the Authority (except mayoral nominees) must give written notice of his candidature to the clerk to the selection panel by 31st December of the year preceding the year in which his appointment, if he were selected, would commence.
2
The notice of candidature must —
a
specify the category in which the candidate is applying for appointment;
b
if the candidate is applying for appointment in the ALG category, include written confirmation from the ALG that the candidate is its representative; and
c
include a written statement of the candidate’s qualifications, experience, interests and any other matter which might support his candidature including matters which demonstrate how he meets the selection criteria.
3
If a District Judge (Magistrates' Courts) specifies in his notice of candidature that he is applying for appointment in the DJMC category, he may indicate that he is willing to be appointed in the magistrates' category.
4
If a District Judge (Magistrates' Courts) specifies in his notice of candidature that he is applying for appointment in the magistrates' category, he may indicate that he is willing to be appointed in the DJMC category.
Eligibility for membership of the Authority
9
1
No member shall be eligible for appointment to the Authority if he would be 70 years of age before the expiry of the period for which, but for this paragraph, he would be appointed.
2
A member may not serve as a member of the Authority for a period or periods totalling more than nine years.
3
Any period served before 1st April 2001 on the Authority, or on any magistrates' courts committee, shall not count towards the maximum period of service permitted under paragraph (2).
Rotation of membership of the Authority
10
1
Membership of the Authority shall rotate annually in accordance with the following paragraphs.
2
Subject to paragraph (3), the first members of the Authority shall be appointed for a term commencing on 1st March 2000 and ending on the dates specified in columns 1, 2 and 3 of Schedule 3.
3
The first two mayoral nominees shall be appointed for a term commencing on the date when the clerk to the first selection panel receives their nominations, and ending on —
a
in the case of one of them the date specified in column 2 of Schedule 3; and
b
in the case of the other, the date specified in column 3 of Schedule 3.
4
All subsequent appointments shall, subject to regulations 12(5) and 13(2), be for a period of three years commencing on 1st April next after the appointment.
Chairman of the Authority
11
1
In this Regulation “chairman appointment meeting” means the first meeting of the Authority after 1st April 2002 and after 1st April in any subsequent year.
2
The Authority shall appoint a chairman at each chairman appointment meeting, to hold office until the next chairman appointment meeting.
3
Subject to paragraph (4), a chairman shall be eligible for reappointment as chairman if he remains a member of the Authority.
4
A member may serve no more than a total of six terms of office as chairman.
Casual vacancies on the Authority
12
1
If a casual vacancy arises because a member who was a mayoral nominee ceases to be a member, the Authority shall notify the Mayor.
2
Upon receiving notice under paragraph (1) the Mayor shall give to the clerk to the selection panel the name of a different nominee to fill the vacancy.
3
If a casual vacancy arises in either the ALG category or the DJMC category, the Authority shall request the selection panel to select a different member in that category.
4
If a casual vacancy arises in the magistrates' category, the Authority may request the selection panel to select a different member in that category to fill the vacancy and shall do so if there would otherwise be less than 4 members in the magistrates' category.
5
A member who is appointed to a casual vacancy on the Authority shall serve only for the remaining part of the period for which the member he replaced was appointed.
6
A casual vacancy includes a vacancy that occurs because a member ceases to be a member by virtue of regulation 4(5), (6), or (7).
Co-opted and appointed members
13
1
The Authority may include persons (who may, but need not, be lay magistrates or District Judges (Magistrates' Courts)) who are —
a
co-opted by the Authority with the approval of the Lord Chancellor; or
b
appointed by the Lord Chancellor.
2
A member co-opted by the Authority under paragraph (1) shall serve for a period of one year from the date of the first meeting of the Authority following the approval by the Lord Chancellor of the co-option.
3
The Authority may, with the approval of the Lord Chancellor, renew the period of co-option of a co-opted member.
4
Where the Lord Chancellor appoints a member of the Authority under paragraph (1), he shall send written notice to the Authority of —
a
the name, qualifications, experience, and interests of the appointee and the reason for the appointment; and
b
the date on which the appointment is to take effect.
5
If the Lord Chancellor terminates an appointment made under paragraph (1), he shall give written notice of the termination to the Authority and to the person so appointed, and of the date from which the termination is to take effect.
Travelling and subsistence allowances
14
1
Subject to paragraph (3), the Authority shall make to its members payments by way of travelling allowance or subsistence allowance where expenditure on travelling or, as the case may be, on subsistence is necessarily incurred by the member for the purpose of enabling him to perform his duties as a member including (without limitation) attendance at meetings of the Authority and of committees appointed by the Authority.
2
Allowances payable under this regulation shall be paid at the rates set out in Schedule 4.
3
The Authority shall not pay an allowance under this regulation if the member is entitled to receive, apart from this regulation, an allowance of the same nature for the performance of the same duties under any enactment, instrument, contract or by virtue of any other right.
Other payments
15
1
In this regulation “payment period” means the period commencing on 1st March 2000 and ending on 30th June 2000, and any period of three months commencing on 1st July, 1st October, 1st January and 1st April in every year after 30th June 2000.
2
Subject to paragraphs (4), (5) and (6), the Authority shall at the end of each payment period pay, in respect of that payment period —
a
to each of its members who has been a member for the whole of the payment period, the relevant amount; and
b
to each of its members who has been a member for part only of the payment period, a proportion of the relevant amount representing the proportion of the payment period for which he was a member.
3
In paragraph (2), “relevant amount” means:
a
in respect of the payment period ending on 30th June 2000, £1,000; and
b
in respect of any subsequent payment period, £750.
4
A payment under paragraph (2) shall be reduced by the amount of any attendance allowance, special responsibility allowance, financial loss allowance or any allowance similar to those allowances that a member is entitled to receive under any enactment, instrument, contract or by virtue of any other right for the performance of the same duties.
5
The Authority shall not make any payments under paragraph (2) to any member who is —
a
a District Judge (Magistrates' Courts); or
b
a member of the London Assembly established under the Greater London Authority Act 1999 .
6
The Authority shall not, without the permission of the Lord Chancellor, make any payment under paragraph (2) to any member in respect of whom the Lord Chancellor has made an order under section 39B(2) .
Quorum
16
1
Subject to paragraph (2), a quorum of the Authority shall be constituted by five members.
2
To constitute a quorum under paragraph (1), the majority of members present must be —
a
lay magistrates; or
b
District Judges (Magistrates' Courts); or
c
lay magistrates and District Judges (Magistrates' Courts).
Proceedings of the Authority
17
1
The proceedings of the Authority shall not be invalidated by reason of any vacancy among the members or of any defect in the appointment of a member.
2
The Authority shall, on at least one occasion in every calendar year, admit members of the public to a meeting of the Authority.
3
The minutes of proceedings of every meeting of the Authority shall be open to inspection by members of the public at the offices of the Authority, except to the extent that the Authority determine that the minutes are of a confidential nature.
4
If the Authority determine that any minutes are of a confidential nature, it shall give reasons for that determination.
5
Copies of any minutes which are open to inspection under paragraph (3) shall be made available to the public on payment of such reasonable fee as the Authority may in any case determine.
Exercise of default powers
18
1
Where the Lord Chancellor has ordered the chairman of the Authority to vacate his office in accordance with section 38(3)(b)(i) the Authority shall, at its next meeting, appoint a different chairman.
2
Where a vacancy on the Authority occurs because the Lord Chancellor has —
a
ordered a member who was a mayoral nominee to vacate his office in accordance with section 38(3)(b)(ii); or
b
made an order under section 39B(2)(a) that a member who was a mayoral nominee cease to be a member of the Authority or cease to be a member for a specified period,
the Mayor shall give to the clerk to the selection panel the name of a different nominee to fill the vacancy.
3
Where a vacancy on the Authority occurs because the Lord Chancellor has —
a
ordered a member in the ALG category to vacate his office in accordance with section 38(3)(b)(ii); or
b
made an order under section 39B(2)(a) that a member in the ALG category cease to be a member of the Authority or cease to be a member for a specified period,
the selection panel shall select a different representative of the ALG to fill the vacancy.
4
Where a vacancy on the Authority occurs because the Lord Chancellor has —
a
ordered the member in the DJMC category to vacate his office in accordance with section 38(3)(b)(ii); or
b
made an order under section 39B(2)(a) that the member in the DJMC category cease to be a member of the Authority or cease to be a member for a specified period,
the selection panel shall select a different member in that category to fill the vacancy.
5
Where a vacancy on the Authority occurs because the Lord Chancellor has —
a
ordered a member in the magistrates' category to vacate his office in accordance with section 38(3)(b)(ii); or
b
made an order under section 39B(2)(a) that a member in the magistrates' category cease to be a member of the Authority or cease to be a member for a specified period,
the selection panel may select a different member in that category to fill the vacancy, and shall do so if there would otherwise be less than 4 members in the magistrates' category.
6
Where the Lord Chancellor makes an order under section 38(4)(b) providing that all members of the Authority are to vacate their office and that for a specified period the Authority is to consist of persons nominated by him —
a
the Lord Chancellor shall notify the Mayor and the Mayor shall give the clerk to the selection panel the name of two different mayoral nominees; and
b
the selection panel shall select the other replacement members of the Authority (who shall be different members from those being replaced),
to take office after the expiry of the period of office of the persons nominated by the Lord Chancellor.
7
Subject to paragraph (8), regulation 12(5) shall apply —
a
to a member of the Authority appointed to replace a member under paragraphs (2), (3), (4) and (5); and
b
to a member of the Authority appointed under paragraph (6) as if each member were appointed in the place of an individual member of the Authority replaced by the Lord Chancellor.
8
If the Lord Chancellor has made an order under section 39B(2)(a) that a member of the Authority cease to be a member for a specified period, the replacment member shall serve only for that specified period.
9
Any period of office served by a member of the Authority as a nominee of the Lord Chancellor under section 38(4)(b) shall not count towards the maximum periods of service set out in regulations 9(2) and 11(4).
10
A person who —
a
has been ordered to vacate office as chairman or as a member of the Authority under section 38(3) or (4); or
b
is the subject of an order under section 39B(2)(a) that he cease to be a member or cease to be a member for a specified term,
shall be deemed to have served for a full term as chairman or member of the Authority, as the case may be, for the purpose of calculating the maximum periods of service set out in regulations 9(2) and 11(4).
11
Where the Lord Chancellor has made an order under section 39B(2)(a) that a member of the selection panel cease to be a member of the selection panel or cease to be a member for a specified period —
a
if the order relates to a member nominated by the ALG, the ALG shall nominate a replacement;
b
otherwise, the Authority may nominate a replacement, by notifying the clerk to the selection panel, but there is no obligation to do so unless the selection panel would otherwise be inquorate.
12
Subject to paragraph (13), regulation 6(14) shall apply to a member of the selection panel appointed to replace a member under paragraph (11).
13
If the Lord Chancellor made an order under section 39B(2)(a) that a member of the selection panel cease to be a member for a specified period, the replacement member shall serve only for that specified period.
Vacancy in office of Mayor or incapacity of Mayor
19
1
Paragraph (2) applies if, at a time when —
a
there is a vacancy in the office of Mayor; or
b
the Mayor is unable to act in his office,
regulation 5(3) requires the Mayor to provide the name of a mayoral nominee who is to replace a mayoral nominee who is already a member of the Authority.
2
Subject to regulation 9(2), the term of office of the mayoral nominee who is already a member of the Authority shall be extended until immediately before the commencment of the term of office of a replacement mayoral nominee.
3
As soon as there is a Mayor who is able to provide the name of a replacement mayoral nominee, the Mayor shall do so as soon as practicable.
4
The term of office of the replacement nominee shall commence on the date when the clerk to the selection panel receives his nomination and shall end on the date it would have ended had there been no delay in his appointment.
Signed by the authority of the Lord Chancellor
Jane Kennedy
Parliamentary Secretary
Lord Chancellor’s Department
12th November 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Hull and East Riding Community Health National Health Service Trust (Establishment) Order 1999 and shall come into force on 1st October 1999.
2
In this Order, unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“the trust” means the Hull and East Riding Community Health National Health Service Trust established by article 2 of this Order.
Establishment and name of the trust
2
There is hereby established an NHS trust which shall be called the Hull and East Riding Community Health National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions shall be to provide community health services at or from —
i
Westwood Hospital, Beverley, East Yorkshire HU17 8BU,
ii
Victoria House, Park Street, Hull, East Yorkshire HU2 8TD,
iii
Hornsea Cottage Hospital, Eastgate, Hornsea, East Yorkshire HU18 1PL,
iv
Withernsea Hospital, Queen Street, Withernsea, North Humberside HU19 2PZ, and
v
Alfred Bean Hospital, Bridlington Road, Driffield, East Yorkshire YO25 7RJ,
and other hospitals, establishments or facilities for the purposes of the health service.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 executive directors and 5 non-executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st October 1999.
2
The accounting date of the trust shall be 31st March.
Restriction on disposal of assets
6
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
John Hutton
Parliamentary Under Secretary of State,
Department of Health
29th September 1999


text:
Citation and commencement
1
This Order may be cited as the University College London Hospitals National Health Service Trust (Establishment) Amendment Order 1999 and shall come into force on 2nd September 1999.
Amendment of NHS trust Establishment Order
2
For article 3 of the University College London Hospitals National Health Service Trust (Establishment) Order 1996 (functions of the trust) there shall be substituted the following article–
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1)(b) of the Act.
2
The trust’s functions shall be to provide and manage hospital accommodation and services (including the management of its teaching and research facilities) and to provide and manage other establishments and facilities at:
i
St. Martin’s House, 140 Tottenham Court Road, London W1P 9LN,
ii
The Middlesex Hospital, Mortimer Street, London W1N 8AA,
iii
The Eastman Dental Hospital, 256 Gray’s Inn Road, London WC1X 8LD,
iv
The National Hospital for Neurology and Neurosurgery, Queen Square, London WC1N 3BG,
v
The Obstetric Hospital, Huntley Street, London WC1E 6AU,
vi
Cecil Fleming House, Grafton Way, London WC1E 6DB,
vii
The United Elizabeth Garrett Anderson Hospital and Hospital for Women (Soho), 144 Euston Road, London NW1 2AP,
viii
the site known as “the Odeon Site”, Grafton Way, London WC1E 6DB, and
ix
a site bordering Euston Road, Gower Street, Tottenham Court Road and Grafton Way, London WC1,
and at any other associated hospitals, establishments or facilities.
.
Signed by authority of the Secretary of State for Health
John Hutton
Parliamentary Under Secretary of State,
Department of Health
23rd August 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as The Community Health South London National Health Service Trust (Establishment) Order 1999 and shall come into force on 1st April 1999.
2
In this Order, unless the context otherwise requires–
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Community Health South London National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Community Health South London National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1)(a) of the Act.
2
The trust’s functions shall be to own and manage Elizabeth Blackwell House, Wardalls Grove, Avonley Road, London SE14 5ER and associated establishments and facilities, and there and from there to provide and manage community health services.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1999.
2
The accounting date of the trust shall be 31st March.
Restriction on disposal of assets
6
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
18th March 1999


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Lloyd’s Underwriters (Special Reserve Funds) Regulations 1999.
2
These Regulations shall come into force on 31st December 1999, but except for regulation 3 shall have effect —
a
for the year 2000–01 and subsequent years of assessment, and
b
in relation to payments and transfers of assets made on or after 1st January 2000.
Interpretation
2
In these Regulations “Schedule 20” means Schedule 20 to the Finance Act 1993.
Amendments to and modifications of Schedule 20
3
In paragraph 6(2) of Schedule 20 —
a
for the words “of the fund as so determined in respect” there shall be substituted the words “(determined under sub-paragraph (1) above) of the fund as at the end”;
b
for paragraph (a) the following paragraph shall be substituted —
a
the higher of —
i
the member’s overall premium limit for that year, and
ii
his overall premium limit for the immediately preceding year; or
;
c
in paragraph (b) for the words “that year” there shall be substituted the words “either of those years”.
4
In paragraph 8(1) of Schedule 20 after “(2)” there shall be inserted the words “and paragraph 11(2) to (4)”.
5
In paragraph 10(4) of Schedule 20 after the word “above” there shall be inserted the words “(including where they are also made under paragraph 7(1) above)”.
6
1
Paragraph 11 of Schedule 20 is modified as follows.
2
In sub-paragraph (2) —
a
for the words “any payment which is” there shall be substituted the words “the aggregate of any payments which are”;
b
after the word “above” there shall be inserted the words “(except where they are also made under paragraph 6(2) above)”;
c
in paragraph (a) at the beginning there shall be inserted the words “subject to sub-paragraph (2A) below,”;
d
in paragraph (b) after the words “being a” there shall be inserted the word “single”.
3
After sub-paragraph (2) the following sub-paragraph shall be inserted —
2A
Where the member ceases to carry on his underwriting business by reason of his death, any payment falling within sub-paragraph (2) above shall be treated, for the purposes of sections 59C and 86 of the Management Act , as if made immediately after the commencement of his final year of assessment.
4
In sub-paragraph (3) —
a
in paragraph (b) after the word “paragraph” there shall be inserted “3(1),”;
b
the word “and” which immediately follows paragraph (b) shall be omitted;
c
at the end the following paragraphs shall be added —
d
as increased by an amount equal to any profits, and reduced by an amount equal to any losses, arising to the trustees from assets after the end of that year (excluding any gains or losses on assets whose transfer is treated as an acquisition by sub-paragraph (4)(a) or (b) below); and
e
as increased by the aggregate amount of any payments made —
i
by the trustees to the member or his personal representatives or assigns,
ii
out of his special reserve fund under paragraph 7(1) above (except where they are also made under paragraph 6(2) above), or otherwise than out of his special reserve fund, and
iii
before the end of that year,
and for this purpose the amount of any payment which is made by way of the transfer of an asset shall be taken to be the market value of the asset at the date of the transfer and “market value” shall be construed in accordance with section 272 of the Taxation of Chargeable Gains Act 1992 .
5
In sub-paragraph (4) —
a
after the word “above” there shall be inserted the words “or otherwise than out of his special reserve fund”;
b
for the words from “, to be” to the end there shall be substituted —
in a case where the asset was held by the trustees at the end of the penultimate underwriting year, as an acquisition of the asset by the member or his personal representatives or assigns at the end of that year for a consideration equal to its market value at that time;
in a case where the asset was acquired by the trustees after the end of the penultimate underwriting year, as an acquisition of the asset by the member or his personal representatives or assigns, at the date on which, and for the consideration for which, the asset was acquired by the trustees; and
in a case where the asset was both acquired by the trustees and transferred by them to the member or his personal representatives or assigns before the end of the penultimate underwriting year, as an acquisition of the asset by the member or his personal representatives or assigns at the date of the transfer and for a consideration equal to its market value at that time.
Nick Montagu
Tim Flesher
Two of the Commissioners of Inland Revenue
9th December 1999


text:
Citation and commencement
1
This Order may be cited as the Planning and Compensation Act 1991 (Amendment of Schedule 18) (No. 2) Order 1999 and shall come into force on 19th July 1999.
Additions to provisions relating to interest on compensation
2
Part I (compensation provisions that do not provide for interest) of Schedule 18 to the Planning and Compensation Act 1991 shall be amended by the insertion, after the entry relating to section 19 of the Planning Hazardous Substances Act 1990, of the following–
Section 161B of the Water Resources Act 1991
In the case of so much of the compensation as is payable under section 161B–
by virtue of paragraph 4(a) of the Schedule to the Anti-Pollution Works Regulations 1999 (compensation following grant of rights), the date of the depreciation;
by virtue of paragraph 4(b), (c), or (d) of that Schedule, the date on which the loss is sustained or the damage done; or where injurious affection is sustained, the date of the injurious affection;
by virtue of paragraph 4(e) of that Schedule, the date on which the expenses become payable.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Michael Meacher
Minister of State,
Department of the Environment, Transport and the Regions
21st June 1999