text:
Title, commencement and extent
1
1
These Regulations may be cited as the Environmental Impact Assessment (Forestry) (England and Wales) Regulations 1999 and shall come into force on 6th September 1999.
2
These Regulations apply to England and Wales.
Interpretation
2
1
In these Regulations —
“afforestation” means initial afforestation (which has the same meaning as in paragraph 1(d) of Annex II to the Directive);
“the appropriate Authority” means, in relation to England, the Minister of Agriculture, Fisheries and Food and, in relation to Wales, the National Assembly for Wales;
“the Commissioners” means the Forestry Commissioners;
“countryside bodies” means —
where the land is situated in England, the Countryside Agency and the Nature Conservancy Council for England ,
where the land is situated in Wales, the Countryside Council for Wales ; and
where the land is situated in England or Wales, the Environment Agency ;
“deforestation” means deforestation for the purposes of conversion to another type of land use (which terms have the same meaning as in paragraph 1(d) of Annex II to the Directive);
“development” means development within the meaning of section 55 of the Town and Country Planning Act 1990 ;
“the Directive” means Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment as amended by Council Directive 97/11/EC ;
“ EEA State” means a State which is a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed in Brussels on 17th March 1993;
“environmental information” means information in the environmental statement and any other information provided in accordance with these Regulations in relation to an application for consent or an appeal under regulation 17 or 21 relating to the likely environmental effects of the project which is the subject of the application or, as the case may be, appeal;
“environmental statement” means a statement —
that includes such of the information referred to in Part I of Schedule 1 as is reasonably required to assess the environmental effects of the project and which the applicant can, having regard in particular to current knowledge and methods of assessment, reasonably be required to compile, but
that includes at least the information referred to in Part II of Schedule 1;
“forest quarry works” means operations on land used or to be used for the purposes of forestry, or on land held or occupied with that land, to obtain the materials required for forest road works;
“forest road works” means the formation, alteration or maintenance of private ways on land used or to be used for the purposes of forestry;
“project” means the execution of construction works or of other installations or schemes or other intervention in the natural surroundings or landscape including those involving the extraction of mineral resources;
“proposer” means person who proposes to carry out a project;
“relevant project” shall be construed in accordance with regulation 3 below.
2
In these regulations, any reference to an enforcement notice shall be construed as including, as the context requires, a reference to a notice of variation under regulation 20(6)(a) or to an enforcement notice as so varied.
3
Any reference in these Regulations (other than regulation 22) to consent is a reference to the consent of the Commissioners required by regulation 4, and —
a
(where the context permits) includes consent by the appropriate Authority on an appeal under regulation 17; and
b
in regulations 4 and 20 to 23 includes (in accordance with regulation 25(9)) consent granted under the Environmental Assessment (Forestry) Regulations 1998 .
4
Unless the context otherwise requires, any reference in these Regulations to a numbered regulation or Schedule shall be construed as a reference to the regulation or Schedule bearing that number in these Regulations.
Interpretation of “relevant project”
3
1
For the purposes of these Regulations, a project is a relevant project if —
a
it is a project of a type specified in paragraph (2) of this regulation;
b
subject to paragraph (3) of this regulation, it is likely, by virtue of factors such as its nature, size or location, to have significant effects on the environment; and
c
the carrying out of the project —
i
does not involve development, or
ii
involves development in England and Wales which is not mentioned in Schedule 1 to or in column 1 of the table in Schedule 2 to the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 , or
iii
involves development in England and Wales for which planning permission is granted by Part 7 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995 .
2
The types of project referred to in paragraph (1)(a) of this regulation are —
a
afforestation;
b
deforestation;
c
forest road works;
d
forest quarry works.
3
For the purposes of paragraph (1)(b) of this regulation, and subject to regulations 6(3) and 7(6), a project shall be taken not to be likely to have significant effects on the environment if the area covered, or to be covered, by the project does not exceed any relevant threshold set out in Schedule 2.
Restriction on relevant projects
4
1
Subject to paragraph (2) below, no person shall carry out, on any land, work or operations relating to a relevant project unless —
a
consent has been granted for that project by the Commissioners or by the appropriate Authority, and
b
the project is carried out in accordance with the consent (including the conditions to which the consent is subject).
2
In accordance with Article 2(3) of the Directive, the Commissioners may direct that a particular project is exempted from the application of these Regulations.
3
A direction under paragraph (2) shall be in writing and shall be accompanied by a statement of the Commissioners' reasons for making it.
4
No direction shall be made under paragraph (2) above where it appears to the Commissioners that the project would be likely to have significant effects on the environment in another EEA State.
Application for an opinion whether a project is a relevant project
5
1
The proposer may apply in writing to the Commissioners for their opinion whether a project is a relevant project.
2
An application under paragraph (1) above shall include or be accompanied by —
a
a map or plan sufficient to identify the land that is the subject of the proposed project and the extent of the proposed project,
b
a brief description of the nature of the proposed project and of its possible effects on the environment, and
c
such further information or representations as the proposer may wish to provide or make.
3
The Commissioners shall, if they consider that they have not been provided with sufficient information to enable them to give an opinion under paragraph (1) above, notify the proposer in writing of the matters on which they require further information and the proposer shall supply that further information to the Commissioners within such period as the Commissioners reasonably may require or such other period as may be agreed in writing between the Commissioners and the proposer.
Opinions of the Commissioners
6
1
Where the proposer applies to the Commissioners under regulation 5, they shall give to the proposer written notice of their opinion within —
a
28 days beginning with the date of their receipt of the application or, where they notify the proposer under regulation 5(3) that they require further information, the date of their receipt of that information; or
b
such longer period as may be agreed in writing between the Commissioners and the proposer.
2
Subject to paragraph (3), in considering, for the purpose of forming their opinion, whether the project is likely to have significant effects on the environment, the Commissioners shall take into account the selection criteria in Schedule 3.
3
In a case where the project does not exceed any relevant threshold set out in Schedule 2, the Commissioners shall form their opinion in accordance with regulation 3(3) except where, in their opinion, there are exceptional circumstances which, taking account of the selection criteria in Schedule 3, make it likely that the project will have significant effects on the environment.
4
Where the opinion of the Commissioners is that the project is a relevant project, the Commissioners shall include in or provide with their opinion a written statement of their reasons for being of that opinion.
5
The Commissioners may of their own motion give their opinion whether or not a project is or would be a relevant project and where they give an opinion under this paragraph —
a
they shall give written notice of their opinion to any person who reasonably appears to them to be the proposer, and
b
paragraphs (2), (3) and (4) of this regulation shall apply as they do to an opinion given in relation to an application under regulation 5(1).
6
In paragraph (3), the reference to circumstances which are, in the opinion of the Commissioners, exceptional shall be construed in accordance with paragraph 4 of Schedule 2.
Directions by the appropriate Authority
7
1
The proposer may apply in writing to the appropriate Authority for a direction whether a project is a relevant project where —
a
the Commissioners give notice of their opinion under regulation 6(1) or regulation 6(5) that the project is or would be a relevant project; or
b
the Commissioners fail to give notice of their opinion within the period of time required by regulation 6(1).
2
An application under paragraph (1) above shall be accompanied by, or by copies of —
a
any application by the proposer to the Commissioners under regulation 5(1) and any documents supplied to the Commissioners by the proposer in connection with that application; and
b
in a case falling within paragraph (1)(a) above, the opinion of the Commissioners and any written statement of reasons which they provided with it,
and may include such further information or representations as the proposer may wish to provide or make.
3
Where the appropriate Authority considers that the documents supplied under paragraph (2) above do not provide sufficient information to enable a direction to be given, the appropriate Authority —
a
shall notify the proposer in writing of the matters on which further information is required, and
b
may seek further information on those matters from the Commissioners and the Commissioners shall supply that further information to the appropriate Authority if it is in their possession.
4
The appropriate Authority shall give a direction within 28 days (or such longer period as the appropriate Authority may reasonably require) beginning with —
a
the date of receipt of the application under paragraph (1) above; or
b
where the appropriate Authority has required or sought further information under paragraph (3) above, the date of receipt by the appropriate Authority of that information.
5
Subject to paragraph (6), in considering, for the purpose of deciding on a direction, whether the project is likely to have significant effects on the environment, the appropriate Authority shall take into account the selection criteria in Schedule 3.
6
In a case where the project does not exceed any relevant threshold set out in Schedule 2, the appropriate Authority shall make its decision in accordance with regulation 3(3) except where, in its opinion, there are exceptional circumstances which, taking account of the selection criteria in Schedule 3, make it likely that the project will have significant effects on the environment.
7
The appropriate Authority shall provide the proposer and the Commissioners with a written statement of the direction including, where the direction is that the project is or would be a relevant project, the reasons for this direction.
8
The appropriate Authority may of its own motion give a direction whether or not a project is or would be a relevant project and where a direction is given under this paragraph —
a
a written statement of the direction shall be provided to the Commissioners and to any person who reasonably appears to the appropriate Authority to be the proposer, and
b
paragraphs (5), (6) and (7) of this regulation shall apply as they do to a direction given in relation to an application under paragraph (1).
9
In paragraph (6), the reference to circumstances which are, in the opinion of the appropriate Authority, exceptional shall be construed in accordance with paragraph 4 of Schedule 2.
Effect of directions and opinions
8
1
This paragraph applies to a direction given under regulation 7 that a project is not or would not be a relevant project or, in the absence of a direction under that regulation, to an opinion given under regulation 6 to that effect.
2
A direction or opinion to which paragraph (1) above applies —
a
shall have the effect of determining for the purpose of these Regulations that the project specified in the direction or opinion (but only that project) is not or would not be a relevant project; but
b
shall cease to have effect (without prejudice to the availability of a further direction or opinion) on the expiry of —
i
the period of five years beginning with the date on which the direction or opinion is given, or
ii
such shorter period as may be specified in the direction or opinion,
if the work relating to the project has not been completed within that period.
3
This paragraph applies to a direction given under regulation 7 that a project is or would be a relevant project or, in the absence of a direction under that regulation, to an opinion given under regulation 6 to that effect.
4
A direction or opinion to which paragraph (3) applies shall have the effect of determining for the purposes of these Regulations that the project specified in the direction or opinion is or would be a relevant project.
Request as to the information to be included in an environmental statement
9
1
Before applying for consent to carry out work in relation to a project, a proposer may request the Commissioners to give their opinion as to the information to be contained in the environmental statement required for that project.
2
Where a proposer requests an opinion under paragraph (1) above before a determination has been made whether the project is or would be a relevant project, the Commissioners shall deal with the request on the assumption that the project is a relevant project.
3
Before giving an opinion under paragraph (1) above, the Commissioners shall consult the proposer, the countryside bodies and any relevant local authority.
4
The Commissioners shall, within a period of five weeks beginning with the date of the receipt of the request or such longer period as may be agreed in writing with the proposer, give their opinion under paragraph (1) above and shall send a copy to the proposer.
5
Where the Commissioners fail to give their opinion under paragraph (1) above within the relevant period, the proposer may request the appropriate Authority to make a direction as to the information to be contained in the environmental statement required for the project.
6
Before making a direction under paragraph (5) above, the appropriate Authority shall consult the proposer, the countryside bodies and any relevant local authority.
7
The appropriate Authority shall, within a period of five weeks beginning with the date of the receipt of the request or such longer period as may be required for the purpose, make a direction under paragraph (5) above and shall send a copy to the proposer and to the Commissioners.
8
In paragraphs (3) and (6), “relevant local authority” means a local authority for the area in which it is proposed to carry out the project which appears to the Commissioners or, as the case may be, the appropriate Authority to have an interest in the issue of what information the environmental statement should contain.
Applications for consent
10
1
An application for consent shall be made in writing to the Commissioners and shall be accompanied by —
a
a map or plan sufficient to identify the land on which the relevant project would be carried out and the extent of any planting, regeneration, construction, works or operations;
b
a description of the nature of the relevant project;
c
an environmental statement in respect of the relevant project; and
d
a copy of the notice to be published in accordance with regulation 13(1).
2
An applicant for consent shall supply to the Commissioners such number of copies of the application and the documents accompanying it as the Commissioners reasonably may require.
Provision of further information
11
Where in the opinion of the Commissioners —
a
further information is reasonably required for their proper consideration of the likely environmental effects of the relevant project to which an application for consent relates; and
b
the applicant could (having regard in particular to current knowledge and methods of assessment) provide such information,
the Commissioners shall notify the applicant in writing of the matter on which they require further information and the applicant shall provide that further information.
Assistance in preparation of environmental statements
12
1
Subject to paragraphs (2) and (3) below, the Commissioners, each of the countryside bodies or any local authority for the area in which it is proposed to carry out the project shall, if requested by an applicant for consent, and may without such a request, enter into consultation with an applicant for consent to determine whether the Commissioners, the countryside body or the local authority have in their possession any information which may be relevant to the preparation of the environmental statement and if the Commissioners, the countryside body or local authority have such information, they shall make it available to the applicant.
2
Paragraph (1) above shall not require disclosure of information which is capable of being treated as confidential, or must be so treated, under regulation 4 of the Environmental Information Regulations 1992 .
3
Paragraph (1) above shall not prevent the Commissioners or a countryside body imposing a charge reflecting the cost of making the information available (including for the identification, preparation and copying of any information) or making the payment of such a charge a condition of providing the information.
Publicity
13
1
A person who makes an application for consent under regulation 10 or who provides further information under regulation 11 shall publish a notice in accordance with paragraph (2) below in such newspapers (not being less than two) as the Commissioners reasonably may require for the purposes of ensuring —
a
the application for consent or, as the case may be, the information provided under regulation 11, is made available to the public; and
b
the public concerned is given an opportunity to express an opinion before the application for consent is determined.
2
A notice required by paragraph (1) above shall —
a
state that the application has been made or, as the case may be, that the further information has been furnished to the Commissioners;
b
specify an office of the Commissioners or other place nominated by them at which copies of the application or the further information may be inspected free of charge at all reasonable hours within 28 days beginning with the date of publication of the notice;
c
specify an address at which copies of the application or the further information may be obtained from the applicant and if a charge is to be made for a copy, the amount (not exceeding a reasonable charge for copying) of the charge; and
d
state that any person wishing to make representations regarding the application or the further information should make them in writing to the Commissioners, at an address nominated by them and specified in the notice, within 28 days beginning with the date of publication of the notice.
3
On receipt of an application for consent under regulation 10, or of further information under regulation 11, the Commissioners shall provide copies of the application or, as the case may be, the further information, together with a notice stating that any representations regarding the application or the further information should be made in writing to the Commissioners within 28 days beginning with the date of the notice, to —
a
the countryside bodies, and
b
any local authority or other public authority which appears to the Commissioners to have an interest in the application.
4
In this regulation, reference to an application includes a reference to the documents accompanying that application.
Information for another EEA State
14
1
Where it appears to the Commissioners that a project in relation to which they have received an application for consent would be likely to have significant effects on the environment of another EEA State or where another EEA State likely to be significantly affected so requests, the Commissioners shall provide a copy of the environmental statement relating to the project to the appropriate Authority.
2
Where it appears to the appropriate Authority that a project would be likely to have significant effects on the environment of another EEA State or where another EEA State likely to be significantly affected so requests, the appropriate Authority shall —
a
send to the EEA State as soon as possible, and no later than the date of its publication as required by sub-paragraph (b) of this paragraph, the information mentioned in paragraph (3) of this regulation and, if the appropriate Authority thinks fit, the information mentioned in paragraph (4) of this regulation;
b
publish the information referred to in sub-paragraph (a) above in a notice placed in the London Gazette with an indication of where further information is available;
c
give the EEA State a reasonable time in which to indicate whether it wishes to participate in the procedure for which these Regulations provide; and
d
inform the applicant for consent.
3
The information referred to in paragraph (2)(a) of this regulation is —
a
a description of the project, together with any available information on its possible significant effects on the environment in another EEA State; and
b
information on the nature of the decision which may be taken.
4
Where an EEA State indicates, in accordance with paragraph (2)(c), that it wishes to participate in the procedure for which these Regulations provide, the appropriate Authority shall as soon as possible send to that EEA State the following information —
a
a copy of the application for consent;
b
a copy of the environmental statement; and
c
relevant information regarding the procedure under these Regulations, but only to the extent that such information has not been provided to the EEA State earlier in accordance with paragraph (2) of this regulation.
5
The appropriate Authority, insofar as concerned, shall also —
a
arrange for the information referred to in paragraphs (3) and (4) of this regulation to be made available, within a reasonable time, to the authorities referred to in Article 6(1) of the Directive and the public concerned in the territory of the EEA State likely to be significantly affected; and
b
ensure that those authorities and the public concerned are given an opportunity, before the determination of the application for consent, to forward to the appropriate Authority, within a reasonable time, their opinion on the information supplied.
6
The appropriate Authority shall in accordance with Article 7(4) of the Directive —
a
enter into consultations with the EEA State concerned regarding, inter alia, the potential significant effects of the project on the environment of that EEA State and the measures envisaged to reduce or eliminate such effects, and
b
determine in agreement with the other EEA State a reasonable period of time for the duration of the consultation period.
7
Where an EEA State has been consulted in accordance with paragraph (6), on the determination of the application concerned the appropriate Authority shall inform the EEA State of the decision and shall forward to it a statement of —
a
the content of the decision and any conditions attached thereto;
b
the main reasons and considerations on which the decision is based; and
c
a description, where necessary, of the main measures to avoid, reduce and, if possible, offset the major adverse effects of the project.
Determination of applications
15
1
Where an application is made to the Commissioners for consent, they may, subject to the following provisions of this regulation —
a
grant consent either subject only to the conditions required by regulation 18 or also subject to such further conditions as they see fit, or
b
refuse consent.
2
The Commissioners shall not determine an application until after the expiry of the periods referred to in regulation 13 during which representations may be sent to the Commissioners or any period of consultation with an EEA State in accordance with regulation 14.
3
In determining an application, the Commissioners shall take into consideration the environmental information, any representations received by them in relation to the application and any other material consideration, including in particular their assessment of the direct and indirect effects of the relevant project on the environmental factors specified in Schedule 4.
Notification of decisions
16
Where an application for consent has been determined by the Commissioners they shall —
a
give notice in writing of their decision to the applicant and any person from whom they received representations in relation to the application, stating that they have taken into consideration the environmental information relating to the application and giving the reasons and considerations on which the decision was based; and
b
publish a notice of their decision in the newspapers in which notice of the application was published in accordance with regulation 13(1) which gives details of the place and times at which the public may inspect a statement of —
i
the content of the Commissioners' decision and any conditions attached thereto;
ii
the main reasons and considerations on which the decision is based; and
iii
a description, where necessary, of the main measures to avoid, reduce and, if possible, offset the major adverse effects of the project.
Appeals against decisions of the Commissioners
17
1
An applicant for consent may appeal to the appropriate Authority where the Commissioners —
a
have refused the application;
b
have granted consent subject to conditions in addition to those required by regulation 18; or
c
have granted consent subject only to the conditions required by regulation 18 but have specified a period for the purposes of one or both of those conditions less than the maximum period permitted by that regulation.
2
An appeal under this regulation shall be made within 28 days, or such longer period as the appropriate Authority may allow, beginning with the date on which the applicant receives notification of the Commissioners' decision under regulation 16.
3
An appeal shall be made by notice in writing to the appropriate Authority accompanied by, or by copies of —
a
the application to which it relates, and any documents provided by the applicant to the Commissioners in relation to it;
b
the decision of the Commissioners; and
c
any other information or representations which the appellant wishes to provide or make.
4
On receipt of a notice of appeal duly made, the appropriate Authority shall send a copy of it to the Commissioners who shall, within 28 days beginning with the date of receipt by them of the notice of appeal, supply to the appropriate Authority copies of any representation or information provided to them in relation to the application.
5
On an appeal under this regulation, the appropriate Authority may allow or dismiss the appeal or vary any part of the Commissioner’s decision; and, where its decision is that consent should be granted, may accordingly grant consent either subject only to the conditions required by regulation 18 or also subject to such further conditions as it may determine.
6
The appropriate Authority shall determine an appeal within 28 days (or such longer period as it reasonably may require) beginning with the date of receipt of the representations or information supplied in accordance with paragraph (4) above.
7
In determining an appeal, the appropriate Authority shall take into consideration the environmental information, any representations in relation to the appeal and any other material consideration, including in particular its assessment of the direct and indirect effects of the relevant project on the environmental factors specified in Schedule 4.
8
Where an appeal has been determined, the appropriate Authority shall —
a
give notice of the decision stating that this takes into consideration the environmental information relating to the application and giving the reasons and considerations on which the decision was based to —
i
the appellant,
ii
the Commissioners, and
iii
any person from whom the Commissioners received representations in relation to the application to which the appeal relates; and
b
publish a notice of the decision in the newspapers in which the decision of the Commissioners to which the appeal relates was published in accordance with regulation 16(b) which gives details of the place and times at which the public may inspect a statement of —
i
the content of the appropriate Authority’s decision and any conditions attached thereto;
ii
the main reasons and considerations on which the decision is based; and
iii
a description, where necessary, of the main measures to avoid, reduce and, if possible, offset the major adverse effects of the project.
Conditions to be included in every consent
18
Every consent shall include conditions to the effect that —
a
work in relation to the relevant project shall be commenced within such period (not being more than 5 years beginning with the date consent is granted) as is specified in the consent; and
b
no work shall be carried out in relation to the relevant project after the expiration of such period (not being more than 10 years beginning with the date consent is granted) as is specified in the consent.
Application to the court by person aggrieved
19
1
On the application of any person aggrieved by the grant of consent, the court may make an order quashing the consent where it is satisfied that the consent was given contrary to whichever of regulation 15(3) or 17(7) applies in the case or that the interests of the applicant have been substantially prejudiced by a failure to comply with any other requirement of these Regulations.
2
An application to the court under this regulation shall be made within 6 weeks from the date of publication of the decision in accordance with regulation 16(b) or 17(8)(b).
3
The court may by interim order, pending the determination of an application under this regulation, stay the operation of the consent of such terms as it may think fit.
4
In this regulation “the court” means the High Court.
Enforcement notices
20
1
Where it appears to the Commissioners that a person is carrying out or has carried out work in relation to a relevant project —
a
without consent, where consent is required by regulation 4, or
b
in breach of a condition subject to which consent has been granted in relation to that relevant project,
the Commissioners may serve an enforcement notice on that person.
2
An enforcement notice may require that the person on whom it is served shall take such one or more of the following measures as appear to the Commissioners to be suitable in the circumstances, namely —
a
apply to the Commissioners for consent;
b
discontinue work in relation to the relevant project;
c
restore the land to its condition before any work in relation to the relevant project was carried out;
d
carry out on the land any works or operations, specified in the enforcement notice, which in the opinion of the Commissioners are reasonably necessary to secure compliance with any condition subject to which consent was granted or to remove or alleviate any injury to the environment which has been caused by the relevant project.
3
An enforcement notice shall specify the period during which any of the measures mentioned in paragraph (2)(a), (c) or (d) is to be taken and may specify different periods for different measures.
4
Either —
a
an enforcement notice served by virtue of paragraph (1)(a) above shall include or be accompanied by a written statement of the Commissioners' reasons for being of the opinion that the project is a relevant project; or
b
the Commissioners shall serve such a written statement on the person on whom the enforcement notice was served as soon as practicable after serving the enforcement notice.
5
Either —
a
an enforcement notice shall include or be accompanied by a notice explaining how, to whom and within what period an appeal may be brought and whether the requirements of the enforcement notice will be stayed while an appeal is pending; or
b
the Commissioners shall serve such a notice on the person on whom the enforcement notice was served as soon as practicable after serving the enforcement notice.
6
The Commissioners may, at any time —
a
by a further notice served on the person on whom the enforcement notice was served, vary an enforcement notice; and
b
withdraw an enforcement notice.
7
An enforcement notice may be served on any person —
a
by delivering it to him personally;
b
by leaving it for him at his last known place of abode or business; or
c
by sending it through the post addressed to him at his last known place of abode or business;
8
An enforcement notice may —
a
in the case of a body corporate, be served on the secretary or clerk of that body at the address of the registered or principal office of that body;
b
in the case of a partnership, be served on a partner or person having the control or management of the partnership business.
Appeals against enforcement notices
21
1
Any person on whom an enforcement notice has been served in accordance with regulation 20 may appeal to the appropriate Authority.
2
An appeal under this regulation shall be made within 28 days, or such longer period as the appropriate Authority may allow, beginning with the date on which the appellant receives the enforcement notice.
3
An appeal shall be made by notice in writing to the appropriate Authority accompanied by, or by copies of —
a
the enforcement notice;
b
any relevant consent; and
c
any other information or representations which the appellant wishes to provide or make.
4
On receipt of a notice of appeal duly made, the appropriate Authority shall send a copy of it to the Commissioners who shall, within 28 days beginning with the date of receipt by them of the notice of appeal, supply to the appropriate Authority copies of any representation or information provided to them in relation to any relevant consent or application for consent.
5
On an appeal under this regulation, the appropriate Authority may, subject to paragraph (9) below, allow or dismiss the appeal or vary any part of the enforcement notice.
6
The appropriate Authority shall determine an appeal within 28 days (or such longer period as it reasonably may require) beginning with —
a
the date of receipt of the representations or information supplied in accordance with paragraph (4) above; or
b
where there is no consent or application for consent relevant to the enforcement notice, the date of receipt by the appropriate Authority of the notice of appeal.
7
In determining an appeal, the appropriate Authority shall take into consideration any environmental information, any representations received by the appropriate Authority in relation to the appeal and any other material consideration, including in particular its assessment of the direct and indirect effects of the relevant project on the environmental factors specified in Schedule 4.
8
Where an appeal has been determined, the appropriate Authority shall give notice of the decision, giving the reasons and considerations on which the decision was based, to the appellant and the Commissioners.
9
The appropriate Authority shall not allow an appeal against an enforcement notice served by virtue of regulation 20(1)(a) where it appears to the appropriate Authority that consent is required by regulation 4.
10
The making of an appeal under this regulation shall have the effect of suspending the operation of any requirement in the enforcement notice to which it relates to take measures described in paragraphs (a), (c) or (d) of regulation 20(2) until the appeal is determined by the appropriate Authority or, where the appeal is withdrawn, until withdrawal of the appeal.
Penalties for non-compliance with enforcement notices
22
1
Any person who carries out work in relation to a relevant project in contravention of a requirement to discontinue that work in an enforcement notice served on him in accordance with regulation 20 shall be guilty of an offence and liable —
a
on summary conviction to a fine not exceeding the statutory maximum, or
b
on conviction on indictment to a fine.
2
Any person on whom an enforcement notice has been served in accordance with regulation 20 who fails, within the period specified in the enforcement notice, to carry out any measure, other than discontinuance of the relevant project, required by the enforcement notice shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
3
Where an offence under paragraph (1) or (2) above which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of —
a
any director, manager, secretary or other similar officer of the body corporate; or
b
any person who was purporting to act in any such capacity,
he as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
Power of entry and default powers
23
1
Subject to paragraph (2) below, any person duly authorised in writing by the Commissioners may at any reasonable time enter any land on which he or the Commisioners reasonably suspects or suspect that work in relation to a relevant project is being or has been carried out —
a
without consent, where such consent is required under regulation 4, or
b
in breach of a condition subject to which consent has been granted.
2
Where any measures required by an enforcement notice by virtue of regulation 20(2) (other than discontinuance of the relevant project) have not been taken within the period specified in the enforcement notice —
a
any person duly authorised by the Commissioners may at any reasonable time enter the land to which the enforcement notice relates and take those measures, and
b
the Commissioners may recover from the person on whom the enforcement notice was served any expenses reasonably incurred by them in doing so.
3
A person authorised under paragraphs (1) or (2) above to enter any land shall, if so requested, produce evidence of his authority before so entering.
Registers of opinions, directions, determinations etc. for public inspection
24
1
At each of their Conservancy offices in England and Wales, the Commissioners shall keep a register of the following, so far as relating to the area of that Conservancy —
a
each direction received under regulation 4(2);
b
each opinion under regulation 6(1) or (5);
c
each direction received under regulation 7(7);
d
each opinion under regulation 9(1);
e
each direction received under regulation 9(7);
f
each determination under regulation 15(1);
g
each determination received under regulation 17(8);
h
statements of reasons accompanying any of the above;
i
each environmental statement received, including any further information.
2
Each register kept under this regulation shall be available for inspection by the public at all reasonable hours.
Revocation and transitional provisions
25
1
The Environmental Assessment (Forestry) Regulations 1998 (in this regulation called “the 1998 Regulations ”) are hereby revoked with respect to England and Wales, subject to paragraph (2).
2
Paragraph (1) of this regulation shall not affect the continued application of the 1998 Regulations in England and Wales in respect of any matter relating to —
a
a breach of regulation 3 of those Regulations which occurred before the date of coming into force of these Regulations; or
b
an enforcement notice issued under regulation 16 of those Regulations;
and these Regulations shall not apply to such a matter.
3
Where, before the date of coming into force of these Regulations, an application under regulation 4(1) of the 1998 Regulations has been received by the Commissioners in relation to land in England and Wales but the Commissioners have not given their opinion in relation to that application —
a
the application shall be treated as an application under regulation 5(1) of these Regulations; and
b
any notification by the Commissioners under regulation 4(3) of the 1998 Regulations shall be treated as a notification under regulation 5(3) of these Regulations (but without prejudice to their power to make a further notification under the latter regulation).
4
Where, before the date of coming into force of these Regulations, an application under regulation 6(1) of the 1998 Regulations has been received by the Minister in relation to land in England and Wales but a direction has not been given in relation to that application —
a
the application shall be treated as an application under regulation 7(1) of these Regulations; and
b
any notification by the Minister under regulation 6(3) of the 1998 Regulations shall be treated as a notification under regulation 7(3) of these Regulations (but without prejudice to the power to make a further notification under the latter regulation).
5
Where, before the date of coming into force of these Regulations, an application under regulation 7 of the 1998 Regulations has been received by the Commissioners in relation to land in England and Wales but the Commissioners have not determined that application —
a
the application shall be treated as an application under regulation 10 of these Regulations;
b
any notification by the Commissioners under regulation 8 of the 1998 Regulations shall be treated as a notification under regulation 11 of these Regulations (but without prejudice to their power to make a further notification under the latter regulation).
6
Where, before the date of coming into force of these Regulations, an appeal under regulation 13 of the 1998 Regulations has been received by the Minister in relation to land in England and Wales but that appeal has not been determined, the appeal shall be treated as an appeal under regulation 17 of these Regulations.
7
Where —
a
a case falls to be treated under these Regulations by virtue of paragraph (3), (4) or (6) above, and
b
part or all of a period of time specified in regulation 6(1), 7(4) or (as appropriate) 17(4) or (6) of these Regulations (“the relevant provision”) expired before the date of the coming into force of these Regulations,
the whole of the specified period shall be taken into account for the purposes of these Regulations in the same way as if the relevant provision had been in force on the date specified in the relevant provision as the date on which the period began to run.
8
A direction of the Minister under regulation 6 of the 1998 Regulations that a particular project was not a relevant project for the purpose of those Regulations, or in the absence of such a direction an opinion of the Commissioners under regulation 5 of those Regulations to that effect, —
a
shall be treated, after the coming into force of these Regulations, as determining that the project specified in the direction or opinion (but only that project) is not a relevant project for the purposes of these Regulations; but
b
shall cease to have the effect stated in sub-paragraph (a) (without prejudice to the availability of a further direction or opinion under these Regulations) on the expiry of the period of five years beginning with the date of coming into force of these Regulations if the work relating to the project has not been completed within that period.
9
Regulations 4 and 20 to 23 of these Regulations apply in relation to any consent given under the 1998 Regulations (including any conditions to which that consent is subject) as they apply to a consent (including such conditions) given under these Regulations.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
6th August 1999
David Hanson
Parliamentary Under Secretary of State, Welsh Office
9th August 1999


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
1
These Regulations may be cited as the Occupational Pension Schemes (Contracting-out) (Amount Required for Restoring State Scheme Rights) Amendment Regulations 1999, and shall come into force on 10th December 1999.
2
In these Regulations, “the principal Regulations ” means the Occupational Pension Schemes (Contracting-out) (Amount Required for Restoring State Scheme Rights and Miscellaneous Amendment) Regulations 1998 and the Occupational Pension Schemes (Contracting-out) (Amount Required for Restoring State Scheme Rights and Miscellaneous Amendment) Regulations (Northern Ireland) 1998 .
Amendment of the principal Regulations
2
1
In regulation 4 of the principal Regulations (market level indicator) —
a
in paragraph (a) for the words from “applicable” to the end of the paragraph there shall be substituted the words —
applicable —
i
where the effective date fell before 1st June 1999, to 15-year British Government Stocks with medium coupons, and
ii
where the effective date falls on or after that date, to 15-year British Government Stocks;
; and
b
in paragraph (b) for the words from “where x per cent.” to the end of the paragraph there shall be substituted the words —
where —
i
the effective date fell before 6th April 1999, x per cent. is the net dividend yield, and
ii
if the effective date falls on or after that date, x per cent. is the actual dividend yield,
applicable on the effective date to the All Share Index compiled by the Financial Times and the Faculty of Actuaries and Institute of Actuaries;
.
2
In Schedule 2 to the principal Regulations (Table for deriving the index number from 15-year gross redemption yield) before the first entry in the Table there shall be inserted the following entries: —
3.96% – 4.02% 1.44 4.03% – 4.09% 1.43 4.10% – 4.16% 1.42 4.17% – 4.23% 1.41 4.24% – 4.30% 1.40 4.31% – 4.38% 1.39 4.39% – 4.45% 1.38 4.46% – 4.53% 1.37 4.54% – 4.60% 1.36 4.61% – 4.67% 1.35 4.68% – 4.75% 1.34 4.76% – 4.83% 1.33 4.84% – 4.91% 1.32 4.92% – 4.99% 1.31
.
Signed by authority of the Secretary of State for Social Security.
Jeff Rooker
Minister of State,
Department of Social Security
15th November 1999


text:
Citation and commencement
1
These Regulations may be cited as the Non-Road Mobile Machinery (Type Approval) (Fees) Regulations 1999 and shall come into force on 26th April 1999.
Interpretation
2
1
In these Regulations–
a
“ the Regulations ” mean the Non-Road Mobile Machinery (Emissions of Gaseous and Particulate Pollutants) Regulations 1999;
b
“engine type” has the same meaning as in the Regulations;
c
“engine family” has the same meaning as in the Regulations;
d
“examination” means the procedure whereby an engine is examined and tested under the Regulations;
e
“Government or approved premises” means premises established or approved by the Secretary of State for examination of engines for the purposes of the Regulations.
Fees — examination of engine
3
1
The fee payable upon an application for engine type or engine family approval under regulation 8(1) or regulation 10(2) of the Regulations shall be £9,572 where the examination is to be carried out on Government premises or approved premises by an officer of the Department of the Environment, Transport and the Regions or a person appointed by the Secretary of State to act on his behalf.
2
The fee payable upon an application for engine type or engine family approval under regulation 8(1) or regulation 10(2) of the Regulations shall be £940 where the examination is to be carried out at other premises under the supervision of an officer of the Department of the Environment, Transport and the Regions or a person appointed by the Secretary of State to act on his behalf.
Fees — issue of an approval certificate or revised approval certificate
4
1
The fee for the issue of a type approval certificate under regulation 9(1) of the Regulations shall be £32.
2
The fee for the issue of a revised type approval certificate under regulation 10(3) of the Regulations shall be £67.
Fees — consecutive examinations
5
Where more than one engine of the same type but embodying minor variations is submitted by an applicant with a view to the carrying out of the engine examinations consecutively on each engine, and the case is one where all the examinations can be carried out without setting up the examination apparatus again, the fee to be paid for the carrying out of each examination after the first one is such proportion of the fee prescribed in regulation 3 as the Secretary of State considers to be appropriate in view of the work involved in carrying out the examination.
Fees — partial examinations
6
Where a type approval certificate has been issued in relation to an engine or engine family and in consequence of an alteration in any design specification, either–
a
a further examination of an engine is needed with a view to the issue of a further certificate but the alteration is not so extensive as to require that the further examination shall be as complete and exhaustive as the original examination; or
b
an applicant requires a further certificate but the alteration is not so extensive as to require a further relevant examination of any engine and can be carried out on an inspection of data supplied by the applicant,
the fee for such an examination or inspection is such proportion of the relevant fee prescribed in regulation 3 as the Secretary of State considers to be appropriate in view of the nature and extent of the examination or inspection.
Fees — visits outside the United Kingdom
7
1
Where, in connection with an application in relation to a type approval certificate, a visit to a place outside the United Kingdom is made, or is arranged to be made, by one or more persons acting for or on behalf of the Secretary of State, then in addition to the fee or fees prescribed by the regulations above, there shall be paid by the applicant on demand by or on behalf of the Secretary of State a further fee equal to the total of–
a
the travelling and subsistence expenses reasonably incurred or expected to be incurred by each person so acting in relation to the application or examination (including expenses outstanding after the cancellation of any travelling or subsistence arrangements which result from the withdrawal of any such application); and
b
the whole, or such proportion as the Secretary of State may determine is reasonably attributable to the application or examination, of a sum of £55 for each hour spent or expected to be spent by each person so acting whilst travelling otherwise than on land in the United Kingdom, wholly or partly in relation to the application or examination.
2
The references to expenses in paragraph (1)(a) do not include any expenses relating to–
a
travelling on land in the United Kingdom; or
b
any flight which both begins and ends in the United Kingdom.
3
If–
a
payments have been made in accordance with paragraph (1) in respect of travelling and subsistence expenses to be incurred, or in respect of time expected to be spent in travelling; and
b
the amount of travelling and subsistence expenses actually incurred or the time actually spent travelling in consequence of the application is greater or less than was expected,
the fee payable under paragraph (1) shall be re-calculated in accordance with that paragraph by reference to the actual travelling and subsistence expenses incurred and the actual time spent travelling, and the difference shall be paid by, or as the case may be, refunded to the applicant.
Fees on withdrawals and cancellations
8
1
Subject to the provisions of regulation 9, if an applicant–
a
after he has been notified of the time and place for the examination withdraws his application; or
b
does not submit the engine for the examination at the time and place fixed therefor,
he shall be liable to pay a cancellation fee to cover the abortive work involved in dealing with the application and making arrangements for the examination.
2
In the case of an examination to which a fee specified in regulation 3 applies–
a
if the Secretary of State is, not less than 7 days before the date fixed for the examination, notified of the withdrawal or the intention not to submit an engine for the examination, the cancellation fee shall be £105;
b
if the Secretary of State is not so notified, the cancellation fee shall be–
i
a quarter of the fee specified in regulation 3(1) plus any wasted expenses reasonably incurred by the Secretary of State in the provision of any facility for the particular examination; or
ii
£230 in respect of the fee specified in regulation 3(2).
3
In the case of a further or partial examination of an engine in the circumstances described in regulation 6, the cancellation fee shall be such proportion of the fee as the Secretary of State considers to be appropriate.
Submission of alternative engine for examination
9
Where an applicant does not wish, or is unable, to submit an engine in respect of which the application was made for examination at the time and place appointed, but is able to submit for examination at that time and place some other engine which can conveniently be fitted into the programme of examinations being carried out at that place and in respect of which he has made an application, he shall be entitled, subject to any adjustment by way of refund or additional payment so as to secure that the appropriate fee is paid for the examination which actually takes place, to have the sum which he originally paid applied in payment of the fee for that examination without being liable to pay a cancellation fee under regulation 8 but in that event he shall pay the fee prescribed by these Regulations when applying for a new appointment for the examination which he originally sought.
Fees — work carried out in the United States of America, Canada or Mexico
10
In relation to–
a
an examination or inspection of data carried out or proposed to be carried out, or
b
the issue of a document,
in the United States of America, Canada or Mexico by a person resident in the United States of America and acting for or on behalf of the Secretary of State, any sum which would otherwise be payable by virtue of regulations 3, 5, 6, 8 and 9 shall be increased by 68 per cent.
Fees — work carried out in Japan, China, South Korea or Taiwan
11
1
In relation to–
a
an examination or inspection of data carried out or proposed to be carried out, or
b
the issue of a document,
in Japan, China, South Korea or Taiwan by a person resident in Japan and acting for or on behalf of the Secretary of State, there shall be substituted, for any sum which would otherwise be payable by virtue of regulation 3, 5, 6, 8 and 9, a sum which shall be determined by the amount of work involved charged at an hourly rate of £157.50.
2
In a case where paragraph (1) above applies, any fee payable in accordance with regulation 3 shall, subject to the following paragraphs, be calculated by reference to the Secretary of State’s estimate of the duration of the work likely to be required at the hourly rate specified in paragraph (1).
3
If during the course of the work the Secretary of State estimates that the duration of the work likely to be required is greater than that estimated under paragraph (2) above, the fee shall be recalculated by reference to that greater estimate, and the excess, if any, over the fee originally payable shall be paid by the applicant.
4
If the duration of the work actually required is greater or less than its estimated or re-estimated duration, the fee shall be recalculated by references to the actual duration and the difference shall be paid by, or, as the case may be, refunded to, the applicant.
John Battle
Minister for Energy and Industry,
Department of Trade and Industry
28th March 1999
We consent,
David Jamieson
Bob Ainsworth
Two of the Lords Commissioners of Her Majesty’s Treasury
29th March 1999


text:
Title and commencement
1
This Order may be cited as the European Parliamentary (United Kingdom Representatives) Pensions (Additional Voluntary Contributions Scheme) (Amendment) Order 1999 and shall come into force on 17th August 1999.
Interpretation
2
In this Order–
“the AVC Order ” means the European Parliamentary (United Kingdom Representatives) Pensions (Additional Voluntary Contributions Scheme) ( No. 2) Order 1995 :
and other expressions shall have the same meaning as in the AVC Order.
Contributors
3
In article 2(1) of the AVC Order–
a
for the definition of “Class A contributor” there shall be substituted–
“Class A contributor” means any contributor who joined the principal scheme on or after 1st June 1989 or any other contributor who has elected to become a Class A contributor (however termed) by giving notice in writing to the Managers.
b
for the definition of “Class C contributor” there shall be substituted–
“Class C contributor” means any contributor who joined the principal scheme before 17th March 1987 and has not elected to become a Class A contributor.
Contributions
4
For article 5(3)(a) of the AVC Order, there shall be substituted–
a
such amount determined by the Managers on a basis acceptable to the Board of Inland Revenue as is likely to provide benefits equal to the limits set out in article 11;
.
Maximum pensions
5
In paragraph 3(2)(a) of Schedule 2 to the AVC Order, for the words “ that the number (not exceeding 40) of years of service completed before leaving service bears to the potential number (not exceeding 40) of years of service had the contributor remained in service to normal retirement date”, there shall be substituted “on the basis that service is taken as the potential number of years of service had the contributor remained in service to the normal retirement date”.
Rt hon Margaret Beckett
President of the Council
26th July 1999


text:
Citation and commencement
1
This Order may be cited as the Limit in Relation to Licences to Provide Radio Multiplex Services Order 1999 and shall come into force on the day after the day on which it is made.
Amendment to paragraph 11 of Part III of Schedule 2 to the Broadcasting Act 1990
2
1
Paragraph 11 of Part III of Schedule 2 to the Broadcasting Act 1990 (limits in relation to licences to provide national radio services, radio multiplex services or digital sound programme services) shall be amended in accordance with paragraphs (2) and (3) below.
2
In sub-paragraph (4)(a) for “10 per cent.” there is substituted “20 per cent.” and for “more than one body corporate” there is substituted “more than four bodies corporate”.
3
In sub-paragraph (4)(b) for “10 per cent.” there is substituted “20 per cent.” and for “three or more bodies corporate” there is substituted “six or more bodies corporate”.
Chris Smith
Secretary of State for Culture, Media and Sport
29th March 1999


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


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


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Areas and Special Parking Areas) (City of Oxford and Parish of North Hinksey) (Amendment) Order 1999 and shall come into force on 5th July 1999.
Preliminary
2
The Road Traffic (Permitted Parking Areas and Special Parking Areas) (City of Oxford and Parish of North Hinksey) Order 1996 shall be amended in accordance with the following provisions of this Order.
Amendment of paragraph 5 of Schedule 2
3
For paragraph 5 of Schedule 2 there shall be substituted–
5
1
Section 73 shall be modified as follows–
2
For subsections (1) to (3) there shall be substituted–
1
The functions conferred on the parking authority by this section shall be discharged by it through a joint committee (the “Joint Committee”) set up in pursuance of arrangements entered into by it under section 101(5) of the Local Government Act 1972 with two or more other local authorities.
2
In subsection (1) “local authorities” means authorities which are county or district councils in England or county or county borough councils in Wales in whose areas permitted parking areas or special parking areas have been designated under Schedule 3 to this Act.
3
The parking authority shall–
a
with the consent of the Lord Chancellor appoint persons to act as parking adjudicators for the purposes of this Act in relation to the special parking areas and the permitted parking areas;
b
provide or secure the provision of accommodation and administrative staff for parking adjudicators so appointed; and
c
determine the places at which such parking adjudicators are to sit.
3
In subsection (5) for the words “the London authorities” there shall be substituted “the parking authority”.
4
Subsections (8) to (10) shall be omitted.
Amendment of paragraph 8 of Schedule 2
4
1
Paragraph 8 of Schedule 2 shall be amended as follows.
2
In the definition of “designated parking place” in the substituted section 82(1) of the Road Traffic Act 1991 for the words “section 32(1)(a) or (b)” there shall be substituted “section 32(1)(b)”.
Amendment of paragraph 9 of Schedule 2
5
1
Paragraph 9 of Schedule 2 shall be amended as follows.
2
In sub-paragraph (3)(d)–
a
for the words “paragraphs (c) and (d)” there shall be substituted “paragraph (c)”; and
b
paragraph (d) as inserted into paragraph 2(4) of Schedule 6 to the Road Traffic Act 1991 shall be omitted.
Signed by authority of the Secretary of State
Glenda Jackson
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
13th June 1999


text:
Citation and commencement
1
This Order may be cited as the Walsgrave Hospitals National Health Service Trust (Establishment) Amendment Order 1999 and shall come into force on 1st June 1999.
Amendment of NHS trust Establishment Order
2
In article 4 of the Walsgrave Hospitals National Health Service Trust (Establishment) Order 1993 , for “6 executive” substitute “5 executive”.
Signed by authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
18th May 1999


text:
Citation and commencement
1
This Order may be cited as the Betting and Gaming Duties Act 1981 (Bingo Prize Limit) Order 1999 and shall come into force on 22nd December 1999.
Increase in Prize Limit
2
Paragraph 5 of Schedule 3 to the Betting and Gaming Duties Act 1981 (exemption from bingo duty for certain small-scale, commercially-provided bingo games) shall have effect as if for the amount specified in sub-paragraph (2)(c) there were substituted “£15” .
Revocation
3
Articles 1, 2 and 3 of the Betting and Gaming Duties Act 1981 (Bingo Prize Limit) Order 1997 are hereby revoked.
David Howard
Commissioner of Customs and Excise
New King’s Beam House,
22 Upper Ground,
London SE1 9PJ
30th November 1999


text:
1
This Order may be cited as the Criminal Procedure and Investigations Act 1996 (Commencement) (Section 67) Order 1999.
2
Section 67 of the Criminal Procedure and Investigations Act 1996 shall have effect in relation to any proceedings for the purpose of which no witness summons has been issued under section 2 of the Criminal Procedure (Attendance of Witnesses) Act 1965 before 1st April 1999.
Jack Straw
One of Her Majesty’s Principal Secretaries of State
Home Office
9th March 1999


text:
1
These Regulations may be cited as the Civil Aviation (Navigation Services Charges) (Third Amendment) Regulations 1999 and shall come into force on 1st June 1999.
2
The Civil Aviation (Navigation Services Charges) Regulations 1998 shall be amended as follows:
1
In regulation 7(1) for “a charge of £123.00” there shall be substituted “a charge of £147.00”.
2
In regulation 7(3) for “a charge of £39.00” there shall be substituted “a charge of £55.00”.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Glenda Jackson
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
11th May 1999
We consent to the making of these Regulations
Jim Dowd
David Jamieson
Two of the Lords Commissioners of Her Majesty’s Treasury
13th May 1999


text:
Citation and commencement
1
This Order may be cited as the Scottish Ambulance Service National Health Service Trust (Dissolution) Order 1999 and shall come into force on 1st April 1999.
Dissolution of NHS Trust and consequent revocation
2
The Scottish Ambulance Service National Health Service Trust established by the Scottish Ambulance Service National Health Service Trust (Establishment) Order 1994 is hereby dissolved, and accordingly that Order is hereby revoked.
Sam Galbraith
Minister for Health, Scottish Office
St Andrew’s House,
Edinburgh
4th March 1999


text:
1
These Rules may be cited as the Register of Patent Agents and the Register of Trade Mark Agents (Amendment) Rules 1999 and shall come into force on 16th April 1999.
2
In rule 8 (qualifying examinations) of the Register of Patent Agents Rules 1990 , for the words “the Institute of Trade Mark Agents” substitute “the Institute of Trade Mark Attorneys”.
3
In rule 2 (interpretation) of the Register of Trade Mark Agents Rules 1990 , for the words ““the Institute” means the Institute of Trade Mark Agents” substitute ““the Institute” means the Institute of Trade Mark Attorneys”.
Kim Howells
Parliamentary Under Secretary of State for Competition and Consumer Affairs,
Department of Trade and Industry
25th March 1999


text:
1
This Order may be cited as the Rail Vehicle Accessibility (ScotRail Class 170/4 Vehicles) Exemption Order 1999 and shall come into force on 4th October 1999.
2
Any reference in this Order to a numbered regulation is a reference to a regulation bearing that number in the Rail Vehicle Accessibility Regulations 1998 .
3
This Order applies to the rail vehicles which are numbered 50401 to 50415, 56401 to 56415 and 79401 to 79415 and which form the diesel multiple-units numbered 170401 to 170415 of the class known as “class 170/4” (`the exempted vehicles') as manufactured by ABB Daimler Benz Transportation ( UK ) Limited for use by ScotRail Railways Limited.
4
1
Subject to articles 5, 6 and 7 below, the exempted vehicles are hereby authorised to be used for carriage even though they do not conform with those provisions of the Rail Vehicle Accessibility Regulations 1998 referred to in paragraph (2) below.
2
The provisions with which the exempted vehicles are not required to conform are —
a
regulation 4(3)(b);
b
in so far as regulation 5 relates to control devices which are not operated by the application of pressure and which do not control doors which are in the side of an exempted vehicle, regulation 5; and
c
in so far as regulation 5(1)(a) relates to control devices which control doors in the side of an exempted vehicle, regulation 5(1)(a).
5
1
The exemption given by article 4(2)(a) above in respect of regulation 4(3)(b) shall cease at the end of 31st December 2000.
2
The exemption given by article 4(2)(b) above in respect of regulation 5 shall cease at the end of 31st July 2000.
3
The exemption given by article 4(2)(c) above in respect of regulation 5(1)(a) shall cease:
a
at the end of 31st December 2010; or
b
in respect of an exempted vehicle in which all the door control devices for the doors in the sides of the exempted vehicle and the control systems for those doorways are replaced before that date, when such replacement occurs.
6
The exemption given by article 4(2)(b) above in respect of regulation 5 shall apply in relation to any exempted vehicle only while instructions for the operation of any door which is operated by a control device to which the exemption relates are displayed on a sign —
a
which is placed on or near that door and on the same side of that door as any such control device; and
b
on which the letters, numbers or diagrams contrast with their background and are identifiable by touch.
7
The authorisation shall cease forthwith in respect of an exempted vehicle which is operated by a person other than ScotRail Railways Limited unless the Secretary of State has been given written notice in advance specifying the name and address of that other person.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Keith Hill
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
9th September 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Radioactivity in Sheep) Partial Revocation Order 1999 and shall come into force on 20th January 1999.
2
In this Order, “the principal Order ” means the Food Protection (Emergency Prohibitions) (Radioactivity in Sheep) Order 1991 .
Partial revocation
2
1
The principal Order is revoked so far as it designates any part of the areas set out in Schedule 1 to this Order.
2
Part II of Schedule 1 to the principal Order shall be amended in accordance with Schedule 2 to this Order.
David R Dickson
Assistant Secretary, Scottish Office
Pentland House,
Edinburgh
11th January 1999


text:
1
This Order may be cited as the Value Added Tax (Increase of Registration Limits) Order 1999 and shall come into force on 1st April 1999.
2
Schedule 1 to the Value Added Tax Act 1994 shall be amended as follows —
a
in paragraphs 1(1)(a), 1(1)(b), 1(2)(a) and 1(2)(b) for “£50,000” there shall be substituted “£51,000”; and
b
in paragraphs 1(3), 4(1) and 4(2) for “£48,000” there shall be substituted “£49,000”.
3
Schedule 3 to the Value Added Tax Act 1994 shall be amended in paragraphs 1(1), 1(2), 2(1)(a), 2(1)(b) and 2(2) by substituting “£51,000” for “£50,000”.
David Jamieson
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
9th March 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Pathfinder National Health Service Trust (Change of Name) Order 1999 and shall come into force on 1st June 1999.
2
In this Order–
“ the Order ” means the Pathfinder National Health Service Trust (Establishment) Order 1994 ;
“ the trust ” means the National Health Service trust established by the Order.
Change of name of NHS trust
2
The trust shall be called the South West London and St George’s Mental Health National Health Service Trust instead of the Pathfinder National Health Service Trust, and accordingly in Article 1 of the Order in the definition of “the trust”, and in Article 2 of the Order, for the word “Pathfinder ” there shall be substituted the words “South West London and St George’s Mental Health”.
Transitional provisions
3
The change of name under this Order shall not–
a
affect any right or obligation of any person; or
b
be taken as invalidating any instrument (whether made before, on or after the day on which this Order comes into force) which refers to the trust by its previous name, and all instruments and other documents which refer to the trust under its previous name shall be construed as referring to it under its new name.
Signed by authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
17th May 1999


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


text:
Citation and commencement
1
This order may be cited as the Offshore Installations (Safety Zones) (No. 2) Order 1999 and shall come into force on 12th May 1999.
Establishment of safety zones
2
A safety zone is hereby established around each installation specified in column 1 of the Schedule hereto (being an installation stationed in waters to which subsection (7) of section 21 of the Act applies) having a radius of five hundred metres from the point as respects that installation which has the co-ordinates of latitude and longitude according to European Datum (1950) specified in columns 2 and 3 of the Schedule.
Signed by authority of the Secretary of State
Alan Meale
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
10th April 1999


text:
Citation, coming into force and duration
1
1
This Order may be cited as the Gas Act 1986 (Exemptions) Order 1999.
2
This Order and the exemptions contained in it shall come into force on 14th October 1999 and each such exemption, unless previously revoked in accordance with paragraph (3) below, shall continue in force until 1st March 2011 and shall then expire.
3
Any exemption contained in this Order shall only be revoked with effect from a date after the expiry of the period of four months beginning with the day on which the Order containing the revocation was laid before Parliament.
Interpretation
2
In this Order —
“the 1986 Act ” means the Gas Act 1986;
“contravene” includes fail to comply with;
“convey” does not include the subjecting of gas to any gas processing operations carried out in any gas processing facility before gas conveyed from a relevant storage facility enters a pipe-line system operated by a public gas transporter;
“ Director ” means the Director General of Gas Supply;
“gas” means any substance which consists wholly or mainly of —
methane, ethane, propane, butane, hydrogen or carbon monoxide;
a mixture of two or more of those gases; or
a combustible mixture of one or more of those gases and air;
“gas processing facility” means any facility which carries out gas processing operations;
“gas processing operations” means any of the following operations, namely —
purifying, blending, odorising or compressing gas for the purpose of enabling it to be introduced into a pipe-line system operated by a public gas transporter;
removing from gas for that purpose any of its constituent gases, or separating from that gas for that purpose any oil or water; and
determining the quantity or quality of gas which is or is to be so introduced;
“relevant storage facility” means any facility used wholly or mainly for the purpose of storing gas, but does not include a facility used for storing gas in natural porous strata underground; and
“relevant transporter” means any person, not being the holder of a licence under section 7 of the 1986 Act in respect of such conveyance, who conveys gas through pipes from a relevant storage facility for a distance not exceeding 16.093 kilometres to a pipe-line system operated by a public gas transporter, and “relevant transport” shall be construed accordingly.
Exemption in respect of relevant transport
3
1
Subject to paragraph (2) below, relevant transporters are hereby granted exemption from section 5(1)(a) of the 1986 Act in respect of relevant transport.
2
The exemption granted by paragraph (1) above shall cease to have effect in relation to any relevant transporter who contravenes any of the conditions specified in articles 4 to 6 below.
Conditions of exemption
4
1
Subject to paragraph (2) below, every relevant transporter shall, except in so far as the Secretary of State consents to his not doing so, comply with any direction given by the Secretary of State (after he has consulted the relevant transporter, the relevant public gas transporter, the Director and the Health and Safety Executive) that the relevant transporter supply to a relevant public gas transporter such information as may be specified or described in the direction —
a
at such times, in such form and such manner; and
b
in respect of such periods,
as may be so specified or described.
2
Where a relevant transporter is prevented from complying with paragraph (1) above by an incident beyond his control, he shall not be treated as having contravened the condition specified in that paragraph.
3
In this article —
“information” means information —
relevant to the operation of a pipe-line system —
which is operated by such public gas transporter as may be specified in the direction given by the Secretary of State; and
to which gas is conveyed —
by the relevant transporter in pursuance of the exemption granted by article 3 above; or
directly or indirectly, by a relevant public gas transporter; and
relating to —
the calorific value or the total quantity of gas expected to be conveyed or which could be conveyed during the next following day by the relevant transporter in pursuance of the exemption granted by article 3 above; or
any changes in such calorific value or total quantity as may be so specified;
“day” means the period beginning at 6 a.m. on one day and ending immediately before 6 a.m. on the next following day;
“relevant public gas transporter” means a public gas transporter operating a pipe-line system to which the relevant transporter undertakes relevant transport.
5
1
Subject to article 6 below, every relevant transporter shall provide the Director with the following particulars not less than 30 days before the date (“commencement date”) on which he intends to commence any relevant transport —
a
the commencement date;
b
the location of the relevant storage facility;
c
the maximum quantity of gas that the relevant storage facility is designed to store (“design capacity”); and
d
the maximum rate at which gas is designed to be conveyed from the relevant storage facility to a pipe-line system operated by a public gas transporter for a continuous period of 24 hours (“design flow rate”).
2
Whenever there is an increase or decrease of more than 10 per cent in the design capacity or design flow rate last notified to the Director, resulting from works carried out with a view to such increase or decrease, the relevant transporter shall provide the Director with particulars of such increase or decrease within 30 days of the completion of those works.
6
Where a relevant transporter intends to commence relevant transport less than 30 days after the date on which this Order comes into force, he shall provide the Director with the particulars specified in article 5(1) above in respect of the relevant storage facility within 30 days of that date.
Exemptions in respect of conveyance and supply of gas to a relevant storage facility
7
1
An exemption from section 5(1)(a) of the 1986 Act is hereby granted, in respect of such conveyance, to any person who conveys gas through pipes from a pipe-line system operated by a public gas transporter for a distance not exceeding 16.093 kilometres to a relevant storage facility or to premises used solely in connection with the operation of such relevant storage facility.
2
An exemption from section 5(1)(b) of the 1986 Act is hereby granted, in respect of such supply, to any person who supplies gas to a relevant storage facility or to premises used solely in connection with the operation of such relevant storage facility, for the purpose of —
a
the storage of that gas in the facility; or
b
the operation of the facility.
Helen Liddell
Minister for Energy and Competitiveness in Europe,
Department of Trade and Industry
18th September 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Education (Transfer of Functions Concerning School Lunches) (England) Order 1999 and shall come into force on 1st April 1999.
2
In this Order “the 1996 Act ” means the Education Act 1996.
Duties imposed on governing bodies
2
1
Subject to paragraph (3) duties corresponding to the duties of the local education authority specified in paragraph (2) are hereby imposed on the governing body of each school to which this article applies.
2
The duties referred to in paragraph (1) are —
a
the duty to provide school lunches in accordance with section 512(1A) and (1B) of the 1996 Act ; and
b
the duty to provide school lunches free of charge in accordance with section 512(3)(a) of the 1996 Act .
3
The duty referred to in paragraph 2(a) shall not however be imposed on the governing body of any school until section 512(1A) and (1B) of the 1996 Act is in force.
Schools to which article 2 applies
3
1
Subject to paragraph (2) below article 2 applies to —
a
each secondary school maintained by a local education authority specified in Part I of the Schedule;
b
each primary and secondary school maintained by the local education authority specified in Part II of the Schedule;
c
each primary, secondary and special school maintained by a local education authority specified in Part III of the Schedule;
d
each secondary and special school maintained by a local education authority specified in Part IV of the Schedule; and
e
each special school maintained by the local education authority specified in Part V of the Schedule,
whose budget share within the meaning of section 47(1) of the School Standards and Framework Act 1998 includes an amount in respect of meals and other refreshment.
2
Article 2 shall not however apply on and after 1st September 1999 to any school which was a grant-maintained or grant-maintained special school immediately before that date.
Modification of section 512(2)(b) of the 1996 Act where school does not have a delegated budget
4
1
In relation to any local education authority which maintains a school to which article 2 applies which does not have a delegated budget by reason of it having been suspended under section 17 of, or Schedule 15 to, the School Standards and Framework Act 1998, section 512(2)(b) of the 1996 Act shall have effect during the period of a year from the date on which the suspension of the delegated budget in question took effect with the modifications specified in paragraph (2).
2
The modifications referred to in paragraph (1) are that the duty imposed on the local education authority under section 512(2)(b) of the 1996 Act shall be a duty —
a
to charge every pupil registered at any school maintained by the authority other than the school which does not have the delegated budget the same price for the same quantity of the same item; and
b
to charge every pupil registered at the school which does not have a delegated budget the same price for the same quantity of the same item.
Estelle Morris
Minister of State,
Department for Education and Employment
6th March 1999


text:
Citation and interpretation
1
1
This Order may be cited as the Health Act 1999 (Commencement No. 5) Order 1999.
2
In this Order —
“ the Act ” means the Health Act 1999;
“the 1977 Act ” means the National Health Service Act 1977 .
3
Subject to paragraphs (4) and (5), this Order extends to England.
4
Article 2(1)(b) to (d) and (3)(a) extends also to Wales.
5
Article 2(1)(c) and (d) extends also to Scotland and Northern Ireland.
Appointed days
2
1
1st November 1999 is the day appointed for the coming into force of —
a
to the extent there specified, each provision of the Act specified in column 1 of Schedule 1 to this Order;
b
to the extent there specified, each provision of the Act specified in column 1 of Schedule 2 to this Order;
c
section 25 of the Act;
d
in Schedule 5 to the Act, the repeal related to section 62 of the National Health Service and Community Care Act 1990 , and section 65(2) in so far as it relates to that repeal.
2
4th January 2000 is the day appointed for the coming into force of sections 18 and 20 of the Act, in so far as they are not already in force, and section 21 of the Act.
3
1st April 2000 is the day appointed for the coming into force of —
a
each provision of the Act specified in column 1 of Schedule 3 to this Order;
b
sections 9, 26 to 28, 29, in so far as it is not already in force, and 30 to 32 of the Act;
c
the following paragraphs of Schedule 4 to the Act (amendments of enactments) and section 65(1) of the Act in so far as it relates to those paragraphs —
i
paragraph 14, in so far as it is not already in force, and paragraph 4 in so far as it relates to that paragraph,
ii
paragraph 72.
Signed by authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
9th October 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Further Education Funding Council for England (Supplementary Functions) Order 1999 and shall come into force on 1st September 1999.
2
In this Order “the Dance and Drama Regulations ” means the Education (Grants) (Dance and Drama) (England) Regulations 1999 .
Supplementary Functions of the Further Education Funding Council for England
2
The following supplementary functions are hereby conferred on the Further Education Funding Council for England —
a
the function of advising the Secretary of State as to the quality of further education provided by institutions to which grants are paid under the Dance and Drama Regulations;
b
the function of advising the Secretary of State on whether requirements imposed on institutions which provide further education to which grants are paid under the Dance and Drama Regulations have been complied with; and
c
the function of arranging for payment of grant under the Dance and Drama Regulations to institutions which provide further education.
Tessa Blackstone
Minister of State
Department for Education and Employment
6th August 1999


text:
Citation and commencement
1
This Order may be cited as the Housing (Right to Acquire) (Discount) (Amendment) Order 1999 and shall come into force on 2nd December 1999.
Amendment
2
In article 2 of the Housing (Right to Acquire) (Discount) Order 1999 —
a
at the beginning there shall be inserted “ — (1) Subject to paragraph (2)”;
b
at the end there shall be added —
2
Where the amount of discount under paragraph (1) is greater than 50% of the value of the dwelling house at the relevant time determined in accordance with section 127 of the Housing Act 1985 , as it applies by virtue of regulation 2(1) of the Housing (Right to Acquire) Regulations 1997 , the amount of discount shall be 50% of the value so determined of the dwelling house.
.
Application
3
This Order does not apply in a case where a notice has been served claiming to exercise the right to acquire before this Order comes into force.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Nick Raynsford
Minister of State
Department of the Environment, Transport and the Regions
8th November 1999


text:
Title, commencement and extent
1
These Regulations may be cited as the Novel Foods and Novel Food Ingredients (Amendment) (England) Regulations 1999, shall come into force on 21st December 1999 and shall extend to England.
Amendment of previous regulations
2
The Novel Foods and Novel Food Ingredients Regulations 1997 , insofar as they apply to England, shall be amended by the insertion of “ — (1)” immediately before the text of regulation 6 (application of various provisions of the Food Safety Act 1990) and the insertion of the following paragraph at the end of that regulation:
2
Section 25(3) (other than paragraph (b)) and (4) of the Act (which restricts disclosure) shall apply to information submitted to the Minister as part of a request made by reference to Article 4.1, as it applies to information relating to an individual business obtained by means of an order under section 25(1) of the Act; its application to information so submitted is subject to such modifications as are necessary for a disclosure in contravention of section 25(3) to be a breach of duty owed to the person who submitted the information but not an offence.
.
Hayman
Minister of State, Ministry of Agriculture, Fisheries and Food
27th November 1999
Signed by authority of the Secretary of State for Health:
Yvette Cooper
Parliamentary Under-Secretary of State for Public Health,
Department of Health
29th November 1999
Signed by authority of the Secretary of State for Wales:
David Hanson
Parliamentary Under-Secretary of State, Welsh Office
30th November 1999


text:
1
This Order may be cited as the A1 Trunk Road (Tempsford Junction Improvements Slip Roads) Order 1999 and shall come into force on 19th March 1999.
2
For the purpose of connecting the trunk road with other highways, so as to effect junctions at the places stated in the Schedule to this Order, the Secretary of State is authorised to construct along the routes described in the said Schedule, new highways. Those new highways shall become trunk roads as from the date when this Order comes into force.
3
The centre line of each of the new slip roads is indicated by heavy black lines on the deposited plan.
4
In this Order:
i
“the deposited plan” means the plan folio numbered HA10/RPD/190, marked “The A1 Trunk Road (Tempsford Junction Improvements Slip Roads) Order 1999”, signed by authority of the Secretary of State for the Environment, Transport and the Regions and deposited at the Highways Agency, St Christopher House, Southwark Street, London SE1 OTE.
ii
“the trunk road” means the A1 Trunk Road; and
iii
“the new slip roads” means the new highways which the Secretary of State is authorised to construct by Article 2 of this Order.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
J.P. Boud
A Divisional Director in the Highways Agency
16th February 1999


text:
Citation and commencement
1
These Regulations may be cited as the Medicines (Sale or Supply) (Miscellaneous Provisions) Amendment (No. 2) Regulations 1999 and shall come into force on 30th September 1999.
Amendment of regulation 8 of the Medicines (Sale or Supply) (Miscellaneous Provisions) Regulations 1980
2
In regulation 8 of the Medicines (Sale or Supply) (Miscellaneous Provisions) Regulations 1980 (pack size on retail sale or supply of certain medicinal products on a general sale list) —
a
in paragraph (1), for “paragraphs (2) to (2E) and 3” there is substituted “paragraphs (2) to (2F) and 3”; and
b
after paragraph (2E) there is inserted —
2F
Where a medicinal product for human use containing ranitidine hydrochloride is sold by retail in the course of a business elsewhere than at a registered pharmacy or is so offered or exposed for sale by retail or so supplied in circumstances corresponding to retail sale, the product shall be presented for sale in a separate and individual container or package containing not more than 12 tablets.
.
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under Secretary of State,
Department of Health
6th September 1999
David Hanson
Parliamentary Under Secretary of State, The Welsh Office
8th September 1999
John Reid
Secretary of State, The Scotland Office
8th September 1999
Hayman
Parliamentary Under Secretary of State, Ministry of Agriculture, Fisheries and Food
8th September 1999
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on
D. C. Gowdy
Permanent Secretary
8th September 1999
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland on
P. Small
Permanent Secretary
7th September 1999


text:
1
This Order may be cited as the Public Telecommunication System Designation (Cyberlight Europe Plc) Order 1999 and shall come into force on 13th July 1999.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Michael Wills,
Parliamentary Under Secretary of State for Small Firms, Trade and Industry,
Department of Trade and Industry
9th June 1999


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Community Health Councils (Amendment) Regulations 1999 and shall come into force on 16th November 1999.
2
In these Regulations —
“the principal Regulations ” means the Community Health Councils Regulations 1996 .
Amendment of regulation 18
2
In regulation 18 of the principal Regulations (consultation of Councils by relevant Health Authorities), in paragraph (2), after “trust” insert “or a Primary Care Trust”.
Signed by authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
23rd October 1999


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Environmental Protection (Controls on Injurious Substances) Regulations 1999 and shall come into force on 29th December 1999.
2
These Regulations extend to Great Britain.
Interpretation
2
1
In these Regulations —
“controlled substance or preparation” means a substance or preparation containing one or more of the substances listed in the Schedule to these Regulations;
“professional and industrial use” includes use on railways, in electric power transmission and telecommunications, for fencing and in harbours and waterways;
“treated wood” means wood that has been treated with a controlled substance or preparation that contained:
benzo-a-pyrene at a concentration of greater than 0.05% by mass; or
water extractable phenols at a concentration of greater than 3% by mass.
2
Unless the context otherwise requires, expressions used in these Regulations which are also used in Council Directive 76/769/ EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations , as amended for the fourteenth time by European Parliament and Council Directive 94/60/ EC , shall have the meaning they bear in that Directive.
Marketing of treated wood
3
1
Subject to paragraphs (2) to (4), no person shall place treated wood on the market.
2
Treated wood may be placed on the market for the first time for professional and industrial use: provided that the controlled substance or preparation with which it was treated contained —
a
benzo-a-pyrene at a concentration of less than 0.05% by mass;
b
water extractable phenols at a concentration of less than 3% by mass.
3
Old treated wood may be placed on the second hand market.
4
Treated wood may be placed on the market for research and development or analysis purposes.
Use of treated wood
4
1
Subject to paragraph (3), no person shall use treated wood other than for —
a
a professional or industrial use; or
b
research and development or analysis purposes.
2
Subject to paragraph (3), no person shall use treated wood —
a
inside any building;
b
for the manufacture of containers intended for the purposes of growing plants or for any retreatment of such containers;
c
for the manufacture of packaging which may come into contact with raw, intermediate or finished products intended for human or animal consumption;
d
for the manufacture of materials other than packaging which may contaminate raw, intermediate or finished products intended for human or animal consumption;
e
for any re-treatment of packaging or materials referred to in sub-paragraphs (c) and (d);
f
in playgrounds and in other outdoor places of public pleasure; or
g
in other situations where there is a risk that it may come into contact with skin.
3
Paragraphs (1) and (2)(g) shall not apply to old treated wood.
Offences and penalties
5
Any person who contravenes regulation 3(1), regulation 4(1) or regulation 4(2), or causes or permits another person to contravene any of those provisions, shall be guilty of an offence and shall be liable, on summary conviction to a fine not exceeding the statutory maximum and, on conviction on indictment, to a fine.
Amendment of Regulations
6
In regulation 5 of the Environmental Protection (Controls on Hexachloroethane) Regulations 1998 for “level 5 on the standard scale” there is substituted “the statutory maximum”.
Signed by authority of the Secretary of State
Michael Meacher
Minister of State,
Department of the Environment, Transport and the Regions
6th December 1999


text:
1
This Order may be cited as the Crime and Disorder Act 1998 (Commencement No. 4) Order 1999.
2
The following provisions of the Crime and Disorder Act 1998 shall come into force on 1st June 1999:
a
section 43 (time limits), to the extent that it is not already in force;
b
section 44 (additional time limits for persons under 18);
c
section 45 (re-institution of stayed proceedings);
d
section 97 (remands and committals of children and young persons), to the extent that it is not already in force;
e
section 98 (remands and committals: alternative provision for 15 or 16 year old boys);
f
paragraphs 5(1)(b), 125(b) and 127(b) of Schedule 8; and
g
in Schedule 10, the entries relating to:
i
section 62 of the Criminal Justice Act 1991 ; and
ii
section 20 of the Criminal Justice and Public Order Act 1994 .
Jack Straw
One of Her Majesty’s Principal Secretaries of State
Home Office
4th May 1999