text:
Citation and commencement
1
These Regulations may be cited as the Police (Conduct) Regulations 1999 and shall come into force on 1st April 1999.
Revocations and transitional provisions
2
1
Subject to the following provisions of this regulation, the Police (Discipline) Regulations 1985 (“the 1985 Regulations ”), the Police (Discipline) (Amendment) Regulations 1991 , the Police (Discipline) (Amendment) Regulations 1995 and the Police (Discipline) (Amendment No. 2) Regulations 1995 are hereby revoked.
2
Subject to paragraph (3), where a report, complaint or allegation has been or is received in respect of conduct by a member of a police force which occurred or commenced before 1st April 1999 —
a
nothing in these Regulations shall apply, and
b
the 1985 Regulations shall, as far as applicable, continue to have effect.
3
In the case of a report, complaint or allegation which —
a
relates to conduct by a member of a police force which occurred or commenced before 1st April 1999, but
b
is received on or after 1st April 2000,
the conduct shall be treated, for the purposes of this regulation, as having occurred or, as the case may be, commenced on 1st April 1999.
Regulations not to apply in the case of senior officers
3
These Regulations shall not apply in relation to the conduct of a chief constable or other officer holding a rank above that of superintendent.
Interpretation
4
1
In these Regulations, unless the context otherwise requires —
“the appropriate officer” means —
where the member concerned is a member of the metropolitan police force or the City of London police force, an assistant commissioner in that police force;
in any other case, an assistant chief constable;
“appropriate standard” means the standard set out in the Code of Conduct;
“the Assistant Commissioner ”, in relation to the metropolitan police force, means the assistant commissioner for the time being authorised under section 8 of the Metropolitan Police Act 1856 ;
“ Authority ” means the Police Complaints Authority;
“Code of Conduct” means the code of conduct contained in Schedule 1;
“complaint” has the meaning assigned to it by section 65 of the 1996 Act ;
“an interested party” means a witness or any person involved in the conduct which is the subject of the case or who otherwise has a direct interest in the case;
“member concerned” means the officer in relation to whose conduct there has been a report, complaint or allegation;
“police force concerned” means, in relation to a person whose conduct is the subject of a report, complaint or allegation, the police force of which he is a member; and any reference to the chief officer concerned is a reference to the chief officer of that force;
“supervising officer” means the officer appointed under regulation 7 to supervise the investigation of the case; and
“the 1996 Act” means the Police Act 1996.
2
In these Regulations, unless the context otherwise requires, any reference to a regulation or Schedule shall be construed as a reference to a regulation or Schedule contained in these Regulations.
Suspension
5
1
Where there has been a report, complaint or allegation which indicates that the conduct of a member of a police force does not meet the appropriate standard the chief officer of the force concerned may suspend the member concerned from membership of the force and from his office of constable whether or not the matter has been investigated.
2
The chief officer concerned may exercise the power to suspend the member concerned under this regulation at any time from the time of the receipt of the report, complaint or allegation until —
a
the supervising officer decides not to refer the case to a hearing,
b
the notification of a finding that the conduct of the member concerned did not fail to meet the appropriate standard,
c
the time limit under regulation 34 for giving notice of intention to seek a review has expired, or
d
any review under regulation 35 has been completed.
3
Where the member concerned is suspended under this regulation, he shall be suspended until there occurs any of the events mentioned in paragraph (2)(i) to (iv), or until the chief officer decides he shall cease to be suspended, whichever first occurs.
4
Where the member concerned who is suspended is required to resign under regulation 31, he shall remain suspended during the period of his notice.
5
The chief officer concerned may delegate his powers under this regulation to an officer of at least the rank of assistant chief constable or, where the member concerned is a member of the City of London or metropolitan police force, to an officer of at least the rank of commander.
Conduct of investigations where there are outstanding criminal proceedings
6
Where there are criminal proceedings outstanding against the member concerned, proceedings under these Regulations, other than exercise of the power to suspend under regulation 5, shall not take place unless the chief officer concerned believes that in the exceptional circumstances of the case it would be appropriate for them to do so.
Investigation procedure
7
1
Subject to paragraph (2), where a report, complaint or allegation is received by the chief officer which indicates that the conduct of a member of a police force did not meet the appropriate standard, the case may be referred by him to an officer, who shall satisfy the conditions in paragraph (3), to supervise the investigation of the case.
2
Paragraph (1) shall not apply where the case arises from a complaint to which section 72 of the 1996 Act applies.
3
The supervising officer shall be —
a
at least one rank above that of the member concerned;
b
of at least the rank of superintendent;
c
a member of the same force as the member concerned; and
d
not an interested party.
Appointment of investigating officer
8
1
The supervising officer may appoint an investigating officer to investigate the case.
2
The investigating officer shall be —
a
a member of the same police force as the member concerned or, if at the request of the supervising officer the chief officer of some other force agrees to provide an investigating officer, a member of that other force;
b
of at least the rank of inspector or, if the member concerned is a superintendent, of at least the rank of assistant chief constable or, if the investigating officer is a member of the City of London or metropolitan police force, of at least the rank of commander;
c
of at least the same rank as the member concerned; and
d
not an interested party.
3
The provisions of this regulation are without prejudice to the powers of the Authority with regard to the approval of the investigating officer under section 72(3)(a) and (b) of the 1996 Act in a case where the Authority are required, or have determined, to supervise the investigation of a complaint or other matter under that section.
Notice of investigation
9
The investigating officer shall as soon as is practicable (without prejudicing his or any other investigation of the matter) cause the member concerned to be given written notice —
a
that there is to be an investigation into the case;
b
of the nature of the report, complaint or allegation;
c
informing him that he is not obliged to say anything concerning the matter, but that he may, if he so desires, make a written or oral statement concerning the matter to the investigating officer or to the chief officer concerned;
d
informing him that if he makes such a statement it may be used in any subsequent proceedings under these Regulations;
e
informing him that he has the right to seek advice from his staff association, and
f
informing him that he has the right to be accompanied by a member of a police force, who shall not be an interested party, to any meeting, interview or hearing.
Investigating officer’s report
10
1
At the end of his investigation the investigating officer shall submit a written report on the case to the supervising officer and, if the Authority are supervising the investigation, also to the Authority.
2
If at any time during his investigation it appears to the investigating officer that the case is one in respect of which the conditions specified in Part I of Schedule 2 are likely to be satisfied, he shall, whether or not the investigation is at an end, submit to the supervising officer —
a
a statement of his belief that the case may be one to which regulation 39 applies and the grounds for that belief; and
b
a written report on the case so far as it has then been investigated.
Procedure on receipt of investigating officer’s report
11
1
Subject to paragraphs (2) and (3), on receipt of the investigating officer’s report the supervising officer may refer the case to a hearing.
2
Where —
a
the chief officer has a duty to proceed under section 75(7) or 76(2) or (5) of the 1996 Act; or
b
the member concerned has received two written warnings about his conduct within the previous twelve months and has in a statement made under regulation 9 admitted that his conduct failed to meet the appropriate standard,
the supervising officer shall refer the case to a hearing.
3
Where the supervising officer, on receipt of a report submitted by the investigating officer under paragraph (2) of regulation 10, is of the opinion that the case is one in respect of which the conditions specified in Part I of Schedule 2 are likely to be satisfied, he shall refer the case to the appropriate officer, who shall —
a
if the conditions specified in Part I of Schedule 2 are not satisfied, return the case to the supervising officer;
b
if the conditions specified in Part I of Schedule 2 are satisfied —
i
certify the case as a special case and refer it to a hearing, or
ii
if the circumstances are such as, in his opinion, make such certification inappropriate, return the case to the supervising officer.
4
Where a case is not referred to a hearing no reference to it shall be made on the member concerned’s personal record.
5
Proceedings at or in connection with a hearing to which a case is referred under this regulation shall, for the purposes of section 65 of the 1996 Act (interpretation of Chapter I of Part IV), be disciplinary proceedings.
Withdrawal of case
12
1
At any time before the beginning of the hearing the supervising officer may direct that the case be withdrawn, unless the chief officer has a duty to proceed under section 75(7) or 76(2) or (5) of the 1996 Act.
2
Where a case is withdrawn it shall be treated as if the supervising officer had decided not to refer it to a hearing.
Notice of decision to refer case to a hearing
13
1
The supervising officer shall ensure that, as soon as practicable, the member concerned is given written notice of a decision to refer the case to a hearing and that, not less than 21 days before the date of hearing, the member concerned is supplied with copies of —
a
any statement he may have made to the investigating officer; and
b
any relevant statement, document or other material obtained during the course of the investigation.
2
The notice given under paragraph (1) shall specify the conduct of the member concerned which it is alleged failed to meet the appropriate standard and the paragraph of the Code of Conduct in respect of which the appropriate standard is alleged not to have been met.
3
In this regulation any reference to a copy of a statement shall, where it was not made in writing, be construed as a reference to a copy of an account thereof.
Limitation on sanctions
14
No sanction may be imposed under regulation 31 unless the case has been referred to a hearing.
Notice of hearing
15
1
The supervising officer shall ensure that at least 21 days in advance the member concerned is notified of the time, date and place of the hearing.
2
In a case to which this paragraph applies the hearing may, if the supervising officer considers it appropriate in the circumstances, take place before the expiry of the 21 days referred to in paragraph (1).
3
Paragraph (2) applies where the member concerned is given a written notice under regulation 13(1) of a decision to refer the case to a hearing and —
a
at the time he receives such a notice he is detained in pursuance of the sentence of a court in a prison or other institution to which the Prison Act 1952 applies, or has received a suspended sentence of imprisonment; and
b
having been supplied under regulation 13 with the documents therein mentioned he does not elect to be legally represented at the hearing.
Legal representation
16
If the supervising officer is of the opinion that the hearing should have available the sanctions of dismissal, requirement to resign or reduction in rank, he shall cause the member concerned to be given notice in writing, at the same time as he is given notice of the hearing under regulation 15, of the opportunity to elect to be legally represented at the hearing and of the effect of section 84(1) to (3) of the 1996 Act.
Procedure on receipt of notice
17
1
The member concerned shall be invited to state in writing, within 14 days of the date on which he is notified that the last of the documents required by regulation 13(1) to be supplied to him have been so supplied —
a
whether or not he accepts that his conduct did not meet the appropriate standard;
b
in a case where regulation 16 applies, whether he wishes to be legally represented at the hearing;
c
whether he proposes to call any witnesses to relevant facts at the hearing and the names and addresses of any such witnesses whose attendance he wishes the supervising officer to take steps to secure.
2
Any witness whose attendance the member concerned wishes the supervising officer to take steps to secure who is a member of a police force shall be ordered to attend at the hearing of the case, and the supervising officer, where so requested, shall cause any other such witnesses to be given due notice that their attendance is desired and of the time and place of the hearing.
3
Nothing in this regulation shall require a hearing to be adjourned where a witness is unable or unwilling to attend the hearing.
Officers conducting the hearing
18
1
Where a case is referred to a hearing it shall be heard by three officers appointed by the chief officer concerned who shall not be interested parties.
2
Subject to regulation 29, one such officer shall be of the rank of assistant chief constable or, where the member concerned is a member of the City of London or metropolitan police force of at least the rank of commander, who shall be the presiding officer.
3
Subject to paragraph (4), the presiding officer shall be assisted by two officers of at least the rank of superintendent who shall be from the same force as the member concerned.
4
Where the member concerned is a superintendent, the presiding officer shall be assisted by two officers of the rank of assistant chief constable or, if the assisting officers are members of the City of London or metropolitan police force, of at least the rank of commander, who shall be from a different force or forces from the member concerned.
Documents to be supplied to the member concerned
19
1
Where the member concerned accepts, in accordance with regulation 17, that his conduct fell short of the appropriate standard a summary of the facts of the case shall be prepared, a copy of which shall be supplied to the member concerned at least 14 days before the hearing.
2
If the member concerned does not agree with the summary of facts he may submit a response within 7 days of receipt of the summary.
3
Where the member concerned does not accept that his conduct fell short of the appropriate standard no summary of facts shall be prepared.
Documents to be supplied to officers conducting the hearing
20
There shall be supplied to the officers conducting the hearing —
a
a copy of the notice given under regulation 13; and
b
where a summary of facts has been prepared under regulation 19, a copy of that summary and of any response from the member concerned.
Representation
21
1
Unless the member concerned has given notice in accordance with regulation 17 that he wishes to be legally represented, the supervising officer shall appoint a member of a police force to present the case.
2
The member concerned may conduct his case either in person or by a member of a police force selected by him or, if he has given notice in accordance with regulation 17 that he wishes to be legally represented, by counsel or a solicitor.
Conduct of hearing
22
1
The officers conducting the hearing may from time to time adjourn if it appears to them to be necessary or expedient to do so for the due hearing of the case.
2
Any decision of the officers conducting the hearing shall be based on a simple majority, but shall not indicate whether it was taken unanimously or by a majority.
Procedure at hearing
23
1
Subject to the provisions of these Regulations, the officers conducting the hearing shall determine their own procedure.
2
The officers conducting the hearing shall review the facts of the case and decide whether or not the conduct of the member concerned met the appropriate standard and, if it did not, whether in all the circumstances it would be reasonable to impose any, and if so which, sanction.
3
The officers conducting the hearing shall not find that the conduct of the member concerned failed to meet the appropriate standard unless the conduct is —
a
admitted by the member concerned; or
b
proved by the person presenting the case on the balance of probabilities,
to have failed to meet that standard.
Attendance of member concerned at hearing
24
1
The member concerned shall be ordered to attend the hearing.
2
If the member concerned fails to attend the hearing, it may be proceeded with and concluded in his absence.
3
Where the member concerned informs the presiding officer in advance that he is unable to attend due to ill-health or some other unavoidable reason, the hearing may be adjourned.
4
Where, owing to the absence of the member concerned, it is impossible to comply with any of the procedures set out in these Regulations, that procedure shall be dispensed with.
Attendance of complainant at hearing
25
1
This regulation shall apply where there has been a complaint against the member concerned.
2
Notwithstanding anything in regulation 26(1), but subject to paragraphs (3) and (5), the complainant shall be allowed to attend the hearing while witnesses are being examined, or cross-examined, and may at the discretion of the presiding officer be accompanied by a friend or relative.
3
Where the complainant or any person allowed to accompany him is to be called as a witness at the hearing, he and any person allowed to accompany him shall not be allowed to attend before he gives his evidence.
4
Where the member concerned gives evidence, then, after the presenting officer has had an opportunity of cross-examining him, the presiding officer shall put to him any questions which the complainant requests should be so put and might have been properly so put by the presenting officer or, at the presiding officer’s discretion, may allow the complainant to put such questions to the member concerned.
5
Subject as aforesaid, the complainant and any person allowed to accompany him shall neither intervene in, nor interrupt, the hearing; and if he or such a person shall behave in a disorderly or abusive manner, or otherwise misconduct himself, the presiding officer may exclude him from the remainder of the hearing.
6
In this regulation a reference to the complainant is a reference to the originator of the complaint notwithstanding that it was transmitted to the chief officer concerned by some other person or by the Authority or some other body.
Attendance of others at hearing
26
1
Subject to regulation 25 and paragraphs (2) and (3), the hearing shall be in private: Provided that it shall be within the discretion of the presiding officer to allow any solicitor or any such other persons as he considers desirable to attend the whole or such part of the hearing as he may think fit, subject to the consent of all parties to the hearing.
2
Any member of the Authority shall be entitled to attend the hearing in a case to which regulation 25 applies or which arises from a matter to which section 72 of the 1996 Act applies.
3
The member concerned may be accompanied at the hearing by a member of a police force.
4
The presiding officer may allow witnesses to be accompanied at the hearing by a friend or relative.
Exclusion of public from hearing
27
Where it appears to the presiding officer that a witness may, in giving evidence, disclose information which, in the public interest, ought not to be disclosed to a member of the public he shall require any member of the public including the complainant and any person allowed to accompany the complainant or any witness to withdraw while the evidence is given.
Statements in lieu of oral evidence
28
1
Any question as to whether any evidence is admissible, or whether any question should or should not be put to a witness, shall be determined by the presiding officer.
2
With the consent of the member concerned the presiding officer may allow any document to be adduced in evidence during the hearing notwithstanding that a copy thereof has not been supplied to the member concerned in accordance with regulation 13(1).
Remission of cases
29
1
The hearing of the case —
a
shall, in the circumstances mentioned in paragraph (2); or
b
may, in the circumstances mentioned in paragraph (5),
be remitted by the presiding officer concerned to an officer of equivalent rank in the force concerned or to an officer of equivalent rank in another force who, at the presiding officer’s request, has agreed to act as the presiding officer in the matter.
2
A case shall be so remitted if —
a
the presiding officer is an interested party otherwise than in his capacity as such; or
b
there would not, because the member concerned was not given notice under regulation 16 of the opportunity to elect to be legally represented at the hearing, be available on a finding against him any of the sanctions referred to in that regulation, and it appears to the presiding officer concerned that those sanctions ought to be so available and that accordingly it would be desirable for there to be another hearing at which the member concerned could, if he so wished, be so represented.
3
Where a case is remitted to another officer under paragraph (2)(b) notice in writing shall be served on the member concerned inviting him to elect, within 14 days of the receipt thereof, to be legally represented at the hearing before that officer.
4
An officer remitting a case under paragraph (2)(b) shall not give to the officer to whom the case has been remitted any indication of his assessment of the case or of the sanction which might be imposed.
5
A case not falling within paragraph (2) may be remitted by the presiding officer in accordance with paragraph (1) if, either before or during the hearing, the presiding officer concerned considers remission appropriate.
Record of hearing
30
A verbatim record of the proceedings at the hearing shall be taken and, if the member concerned so requests within the time limit for any appeal and after he has lodged notice of appeal in accordance with rules made under section 85 of the Police Act 1996, a transcript of the record or a copy thereof shall be supplied to him by the presiding officer.
Sanctions
31
1
Subject to section 84(1) of the 1996 Act, the officers conducting the hearing may impose any of the following sanctions, namely —
a
dismissal from the force;
b
requirement to resign from the force as an alternative to dismissal taking effect either forthwith or on such date as may be specified in the decision;
c
reduction in rank;
d
fine;
e
reprimand;
f
caution.
2
Any sanction imposed under paragraph (1), except a requirement to resign, shall have immediate effect.
3
A fine imposed under paragraph (1) shall be such that, if it were recovered by way of deductions from the pay of the member concerned during the period of thirteen weeks following the imposition of the sanction, the aggregate sum which might be so deducted in respect of any one week (whether on account of one or more fines) would not exceed one seventh of his weekly pay.
Personal record to be considered before sanction imposed
32
Where the question of the sanction to be imposed is being considered, the officers conducting the hearing —
a
shall have regard to the record of police service of the member concerned as shown on his personal record and may receive evidence from any witness whose evidence would, in the opinion of the officers conducting the hearing or member concerned, assist in determining the question; and
b
the member concerned, or his representative, shall be afforded an opportunity to make oral or, if appropriate, written representations as respects the question or to adduce evidence relevant thereto.
Notification of finding
33
The member concerned shall be informed orally of the finding and of any sanction imposed at the conclusion of the hearing and shall be provided with a written notification and summary of the reasons within three days.
Request for a review
34
1
Where a sanction is imposed under regulation 31, the member concerned shall be entitled to request the chief officer of the force concerned or, where the member concerned is a member of the metropolitan police force, the Assistant Commissioner (“the reviewing officer”), to review the finding or the sanction imposed or both the finding and the sanction.
2
A request for a review must be made to the reviewing officer in writing within 14 days of receipt of the written summary of reasons given in accordance with regulation 33 unless this period is extended by the reviewing officer.
3
The request for a review shall state the grounds on which the review is requested and whether a meeting is requested.
Conduct of the review
35
1
The reviewing officer shall hold a meeting with the member concerned if requested to do so.
2
Where a meeting is held the member concerned may be accompanied by a member of a police force and, in a case where regulation 16 applies, by counsel or a solicitor.
Finding of the review
36
1
The member concerned shall be informed of the finding of the reviewing officer in writing within three days of completion of the review.
2
The reviewing officer may confirm the decision of the hearing or he may impose a different sanction which is specified in regulation 31(i) but he may not impose a sanction greater than that imposed at the hearing.
3
The decision of the reviewing officer shall take effect by way of substitution for the decision of the hearing and as from the date of that hearing.
4
Where as a result of the decision of the reviewing officer the member concerned is dismissed, required to resign or reduced in rank he shall be notified in writing of his right of appeal to a Police Appeals Tribunal.
Hearing of review in absence of chief officer
37
1
Subject to paragraphs (2) to (4), where the chief officer is an interested party or the circumstances in section 12(4)(a) or (b) of the 1996 Act apply, the review shall be conducted by the assistant chief constable designated under section 12(4) of the 1996 Act.
2
Where the designated assistant chief constable is absent or an interested party, the review shall be conducted by the chief officer of another force who has agreed to act in that capacity.
3
Where the member concerned is a member of the metropolitan police force the review shall be conducted by the Assistant Commissioner or, if he is absent or an interested party, by the commander designated under paragraph 4(7) of Schedule 6 to the Police Regulations 1995 or, if that commander is absent or an interested party, by another assistant commissioner.
4
Where the member concerned is a member of the City of London police force, the review shall be conducted by the Commissioner or, if he is absent or an interested party, by the chief officer of another force who has agreed to act in that capacity or an assistant commissioner of the metropolitan police force who has agreed to act in that capacity.
Record of conduct proceedings
38
The chief officer concerned shall cause a book of record to be kept in which shall be entered every case brought against a member of the police force, together with the finding thereon and a record of the decision in any further proceedings in connection therewith.
Special cases
39
1
This regulation applies to any case in which a report, complaint or allegation is made which indicates that the conduct of a member of a police force did not meet the appropriate standard and in respect of which the conditions specified in Part I of Schedule 2 are satisfied and his appropriate officer has issued a certificate under regulation 11(3)(b)(i).
2
In the application of these Regulations to a case to which this regulation applies, regulations 12 to 37 shall, subject to paragraph (3), have effect subject to the modifications specified in Part II of Schedule 2.
3
Where the case is one to which this regulation applies but has been returned to the supervising officer in pursuance of any provision of these Regulations as modified by Part II of Schedule 2, the provisions referred to in paragraph (2) shall thereafter have effect in relation to the case without modification.
4
In Part II of Schedule 2, any reference to a provision in these Regulations shall, unless the contrary intention appears, be construed as a reference to that provision as modified by that Part.
Jack Straw
One of Her Majesty’s Principal Secretaries of State
Home Office
10th March 1999


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemptions) (No. 1) (England) Order 1999 and shall come into force on 13th August 1999.
Exemption of cleaning of buildings
2
The cleaning of buildings by the Council of the London Borough of Tower Hamlets shall not be treated as a defined activity so long as it is carried out–
a
for the purposes of a school maintained by a defined authority; and
b
during the period beginning with 13th August 1999 and ending immediately before 1st April 2000.
Exemption of maintenance of ground
3
The maintenance of ground by the Council of the London Borough of Southwark shall not be treated as a defined activity so long as–
a
it is carried out during the period beginning with 13th August 1999 and ending immediately before 1st April 2000; and
b
it is restricted to the planting and tending of trees on land which forms part of, or adjoins, a site on which the Council provide housing accommodation under Part II of the Housing Act 1985 .
Exemption of repair and maintenance of vehicles
4
The repair and maintenance of vehicles by Essex County Council shall not be treated as a defined activity so long as it is carried out at the Coval Lane Repair Depot, Chelmsford, during the period beginning with 1st October 1999 and ending immediately before 1st January 2000.
Exemption of managing sports and leisure facilities
5
The management of sports and leisure facilities shall not be treated as a defined activity so long as it is carried out–
a
by Chichester District Council at the Westgate Centre, Chichester;
b
by Sevenoaks District Council at the Sevenoaks Leisure Centre,
during the period beginning with 13th August 1999 and ending immediately before 1st April 2000.
Exemption of security work
6
Security work shall not be treated as a defined activity so long as it is carried out by Essex County Council–
a
at the County Hall complex, the Judges Lodgings or the Shire Hall (all at Chelmsford);
b
on any day other than a Saturday or a Sunday;
c
between the hours of 8 a.m. and 8 p.m.; and
d
during the period beginning with 1st October 1999 and ending immediately before 1st January 2000.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Alan Meale
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
16th July 1999


text:
Citation, commencement and application
1
1
This Order may be cited as The Education (National Curriculum) (Key Stage 3 Assessment Arrangements) (England) Order 1999 and shall come into force on 13th August 1999.
2
The provisions of this Order apply for the purpose of ascertaining the achievements in the core and other foundation subjects of pupils who are in the final year of the third key stage.
3
This Order applies only to maintained schools (other than those established in hospitals) in England.
Revocation
2
The Education (National Curriculum) (Key Stage 3 Assessment Arrangements) (England) Order 1996 shall be revoked .
Interpretation
3
1
In this Order —
“the associated documents” means the documents published by Her Majesty’s Stationery Office, setting out any level of attainment, attainment targets, end of key stage descriptions and programmes of study in relation to the core and other foundation subjects, which documents have effect by virtue of the respective section 356(2)(a) and (b) orders for those subjects for the time being in force ;
“ AT ” means attainment target;
“the Authority” means the Qualifications and Curriculum Authority established under section 21 of the Education Act 1997 ;
“the core subjects” means English, mathematics and science;
“external marking agency” means a body nominated by the Authority and approved by the Secretary of State to mark NC tests;
“maintained school” has the meaning assigned to that expression by section 350(1) of the Education Act 1996;
“NC tests” means National Curriculum tests administered to pupils for the purpose of assessing the level of attainment which they have achieved in any core subject and “NC assessment timetable” means a timetable for the administration of NC tests, being respectively tests and a timetable laid down in provisions made by the Secretary of State under article 14 which have been published by the Authority ;
“the other foundation subjects” means art, geography, history, a modern foreign language specified in an order of the Secretary of State , music, physical education and technology;
“record of the results”, for the purposes of articles 10 and 12, means a record of the results of a pupil in respect of the NC tests administered to him under article 10, consisting of a statement of each level of attainment achieved by the pupil;
“section 356(2)(a) and (b) orders” means orders made under section 356(2)(a) and (b) of the Education Act 1996 specifying attainment targets and programmes of study;
“specified” means specified in relation to the third key stage by a section 356(2)(a) and (b) order;
“summer term” means the third term in a school year (as defined in section 579(1) of the Education Act 1996; and
references to the third key stage are, subject to the operation of section 355(2) to (5) of the Education Act 1996, references to the period set out in paragraph (c) of section 355(1) of that Act; and
references to levels of attainment, attainment targets, end of key stage descriptions and programmes of study are references to the levels, targets, descriptions and programmes set out in the associated documents.
2
Where any average number required to be determined by this Order is not a whole number, it shall be rounded to the nearest whole number, the fraction one half being rounded upwards to the next whole number.
Teacher assessment — general
4
1
It shall be the duty of the head teacher to make arrangements for each pupil to be assessed by a teacher in each core and other foundation subject during the summer term in accordance with the provisions of this article and articles 5 to 9 and for a record of the results to be made by that teacher.
2
The pupil shall be assessed and a record of the results made by the teacher not later than two weeks before the end of the summer term or 4th July falling in that term, if earlier.
3
In making an assessment of a pupil pursuant to this article and articles 5 to 9 a teacher may take into account the results of any previous assessment of the pupil (whether or not made by that teacher).
Teacher assessment — English, mathematics, modern foreign language and science.
5
1
In the cases of English, mathematics, a modern foreign language and science, the purpose of the assessment shall be to determine the level of attainment achieved by the pupil in each AT specified for the subject which applies to him and, subject to article 6(3), in the subject as calculated in accordance with paragraph (3).
2
The record of the results shall consist of a statement of each level of attainment achieved by the pupil (whether or not that level is specified in relation to the third key stage by the relevant section 356(2)(a) and (b) order) in relation to every AT mentioned in paragraph (1) and, subject to article 6(3), of his level in the subject so calculated.
3
Subject to article 6, a pupil’s level of attainment in each subject shall be the average of his levels in each AT, save that in the case of mathematics his level in AT2 (number and algebra) shall be weighted by a factor of 2.
6
1
Article 5(3) shall have effect in relation to pupils as respects whom provisions of the National Curriculum do not apply (including pupils with statements of special educational needs) with the modifications specified in this article.
2
Where one AT in a subject does not apply to such a pupil article 5(3) shall have effect as if the number of ATs applying to the pupil were the total number of ATs in the subject.
3
Where more than one AT in a subject does not apply to such a pupil article 5(3) shall not apply to him in relation to that subject.
Teacher assessment — technology
7
1
In the case of technology, the purpose of the assessment shall be to determine the level of attainment achieved by the pupil in each AT specified for the subject which applies to him and, subject to paragraph (3), the average of his levels of attainment in the ATs specified in relation to design and technology as calculated in accordance with paragraph (2).
2
The record of the results shall consist of a statement of —
a
each level of attainment achieved by the pupil (whether or not that level is specified in relation to the third key stage by the relevant section 356(2)(a) and (b) order) in relation to every AT mentioned in paragraph (1); and
b
subject to paragraph (3), the average of his levels in the ATs specified in relation to design and technology weighting his level in AT1 (designing) by a factor of 2 and his level in AT2 (making) by a factor of 3.
3
Where an AT specified in relation to design and technology does not apply to a pupil sub-paragraph (b) of paragraph (2) shall not apply in relation to him.
Teacher assessment — geography and history
8
In the cases of geography and history, the purpose of the assessment shall be to determine the level of attainment achieved by the pupil in the subject, and the record of the results shall consist of a statement of that level.
Teacher assessment — art, music and physical education
9
In the cases of art, music and physical education, the purpose of the assessment shall be to determine what the pupil has achieved in relation to the end of key stage descriptions specified for the AT (in the case of physical education) or each AT which applies to him (in the cases of art and music), and the record of the results shall consist of a statement of the pupil’s achievements.
NC test assessment
10
1
It shall be the duty of the head teacher to make arrangements for each pupil to whom this article applies in respect of a core subject to be assessed in that subject in accordance with the provisions of paragraph (3).
2
This article applies to a pupil in respect of a core subject if, in the opinion of his head teacher, his level of attainment in that subject, if he were to be assessed by the administration to him of NC tests in accordance with the provisions of paragraph (3), would be level 3 or higher (in the case of mathematics and science) or level 4 or higher (in the case of English).
3
Where this article applies to a pupil in respect of a core subject NC tests shall be administered to the pupil in accordance with the provisions of the document in which they are published at the times specified in the relevant NC assessment timetable and as soon as reasonably practicable thereafter the pupil’s responses to the NC tests shall be provided to the external marking agency determined by the Authority and notified by them to the head teacher to be marked.
4
As soon as reasonably practicable after the pupil’s responses to the NC tests in all the core subjects have been provided by the head teacher to the external marking agency pursuant to paragraph (3), the head teacher shall provide that agency with a statement, signed by himself, confirming that those NC tests were administered in accordance with the provisions of the document in which they are published at the times specified in the relevant NC assessment timetable.
5
Following the marking of NC tests, the external marking agency shall provide to the head teacher a record of the results consisting of a statement of each level of attainment by the pupil.
Monitoring of assessment arrangements
11
1
This article makes provision for the monitoring of the NC test assessment under article 10, by the local education authority (referred to in this article as “the monitoring authority”).
2
The monitoring authority shall exercise their functions conferred by this article in any school year in relation to 10% of all relevant schools.
3
For the purposes of paragraphs (2) and (4), the “relevant schools” are all schools maintained by the monitoring authority at which in any school year NC tests are administered to pupils under article 10.
4
The monitoring authority shall, each school year, visit the relevant schools during any of the following periods —
a
the week before any NC tests are administered to pupils under article 10;
b
the period during which NC tests are administered to pupils under that article; or
c
three school days after the day on which the last NC test is administered to pupils under that article;
and, such a visit may be during any of these periods in respect of any of those schools.
5
The purpose of any such visit as is referred to in paragraph (4) shall be to enable the monitoring authority to monitor whether the assessment arrangements for the purposes of administering the NC tests under article 10 are in accordance with the provisions of the document in which those NC tests are published and the relevant NC assessment timetable, including, in the case of a visit under paragraph (4)(b), whether pupils' written responses to the NC tests represent their own work.
6
Following any such visit as is referred to in paragraph (4), the monitoring authority shall discuss the outcome of the visit with the head teacher.
7
Where, as a result of a visit, it appears to the monitoring authority that any of the assessment arrangements in connection with administering the NC tests under article 10 are not in accordance with the document in which those NC tests are published or the relevant NC assessment timetable or that any pupil’s written response to the NC tests does not represent his own work, they shall —
a
bring the matter to the attention of the head teacher; and
b
report the matter to the Authority.
8
It shall be the duty of the head teacher and the governing body —
a
to permit the monitoring authority to enter the premises of the school at all reasonable times in order to observe the implementation of the arrangements for NC test assessment under article 10;
b
to permit the monitoring authority to imspect and take copies of documents and other articles relating to that NC test assessment; and
c
to provide to the monitoring authority such information relating to such assessment as they may reasonably request.
9
For the purpose of exercising their functions under this article, the local education authority shall appoint such competent persons as they think fit.
Investigation by the Authority and correction of record of results
12
1
The Authority shall investigate any matter referred to them under article 11(7) or otherwise brought to their attention which, in their opinion, relates to the accuracy or correctness otherwise of any results of any pupil in respect of the NC tests administered under article 10.
2
Where, following an investigation under paragraph (1) and before the external marking agency have provided the record of the results to the head teacher under article 10(5), the Authority determines that the accuracy or correctness otherwise of a pupil’s results in respect of the NC tests administered under article 10 is in doubt, the record of the results to be provided by that agency to the head teacher shall be the record of the results determined by the Authority.
3
Where, following an investigation under paragraph (1) and the external marking agency have provided the record of the results to the head teacher under article 10(5), the Authority determines that that record of the results is inaccurate or otherwise incorrect, the Authority shall provide to the head teacher a record of the results determined by the Authority and that record of the results shall be the record of the results for the pupil.
Evaluation of Assessment Arrangements
13
The Authority shall make such arrangements as seem to them appropriate for determining the extent to which the provisions of articles 4 to 10 and their implementation achieve the purpose mentioned in article 1(2).
Supplementary powers of the Secretary of State
14
The Secretary of State may make such provisions giving full effect to or otherwise supplementing the provisions made by this Order (other than provisions conferring or imposing functions as mentioned in section 356(5)(a) of the Education Act 1996 as appear to him to be expedient, including in particular provisions as to NC tests for the purpose mentioned in the definition of such tests in article 3(1) and as to the time when and the manner in which the tests are to be administered.
Estelle Morris
Minister of State,
Department for Education and Employment
9th August 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Borough of West Devon (Electoral Changes) Order 1999.
2
This Order shall come into force–
a
for the purpose of all proceedings preliminary or relating to any election to be held on 1st May 2003, on 10th October 2002;
b
for all other purposes, on 1st May 2003.
3
In this Order–
“the borough” means the borough of West Devon;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
any reference to the map is a reference to the map prepared by the Department of the Environment, Transport and the Regions marked “Map of the Borough of West Devon (Electoral Changes) Order 1999”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 ; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Wards of West Devon
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into twenty-two wards which shall bear the names set out in column (1) of the Schedule.
3
The wards shall comprise the areas described in column (2) of the Schedule by reference to parishes or, where no area is so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of the Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, waterway or similar geographical feature, it shall be treated as running along the centre line of the feature.
The parish of Buckland Monachorum
3
1
The parish of Buckland Monachorum shall be divided into two parish wards which shall bear the names Buckland Harrowbeer and Buckland Monachorum.
2
The Buckland Harrowbeer parish ward shall comprise so much of the borough ward of Walkham as comprises the parish of Buckland Monachorum, and the Buckland Monachorum parish ward shall comprise so much of the borough ward of Buckland Monachorum as comprises the parish of Buckland Monachorum.
3
The number of parish councillors to be elected for the Buckland Harrowbeer parish ward shall be one and the number of parish councillors to be elected for the Buckland Monachorum parish ward shall be eleven.
Wards of the parish of Drewsteignton
4
1
The existing wards of the parish of Drewsteignton shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names Crockernwell, Drewsteignton, Venton and Whiddon Down; and the wards shall comprise the areas designated on sheet 7 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for the Crockernwell parish ward shall be two; the number of councillors to be elected for each of the Drewsteignton and Whiddon Down parish wards shall be three and the number of councillors to be elected for the Venton parish ward shall be one.
The parish of Meavy
5
1
The parish of Meavy shall be divided into two parish wards which shall bear the names Dousland Meavy and Meavy Village and the wards shall comprise the areas designated on sheet 8 by reference to the name of the ward and demarcated by orange lines.
2
The number of councillors to be elected for the Dousland Meavy parish ward shall be four and the number of councillors to be elected for the Meavy Village parish ward shall be three.
The parish of Okehampton
6
1
The parish of Okehampton shall be divided into two parish wards which shall bear the names Okehampton East and Okehampton West.
2
The Okehampton East parish ward shall be coterminous with the borough ward of the same name and the Okehampton West parish ward shall consist of the rest of the parish.
3
The number of councillors to be elected for each parish ward shall be seven.
The parish of Okehampton Hamlets
7
1
The parish of Okehampton Hamlets shall be divided into two parish wards which shall bear the names Okehampton Brightleigh and Okehampton Park.
2
The Okehampton Brightleigh parish ward shall comprise so much of the borough ward of Lew Valley as comprises the parish of Okehampton Hamlets and the Okehampton Park parish ward shall comprise so much of the borough ward of Okehampton West as comprises the parish of Okehampton Hamlets.
3
The number of councillors to be elected for the Okehampton Brightleigh parish ward shall be three and the number of councillors to be elected for the Okehampton Park parish ward shall be five.
The wards of the parish of Tavistock
8
1
The existing wards of the parish of Tavistock shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names Tavistock North, Tavistock South and Tavistock South West and each ward shall comprise the area of the ward of the borough bearing the same name.
3
The number of councillors to be elected for the Tavistock North parish ward shall be eight; the number of councillors to be elected for the Tavistock South parish ward shall be seven and the number of councillors to be elected for the Tavistock South West parish ward shall be two.
The parish of Walkhampton
9
1
The parish of Walkhampton shall be divided into two parish wards which shall bear the names Dousland Walkhampton and Walkhampton Village; and the wards shall comprise the areas designated on sheet 9 by reference to the name of the ward and demarcated by orange lines.
2
The number of councillors to be elected for the Dousland Walkhampton parish ward shall be four and the number of councillors to be elected for the Walkhampton Village parish ward shall be three.
Revocation
10
The District of West Devon (Electoral Arrangements) Order 1977 is hereby revoked.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Beverley Hughes
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
6th September 1999


text:
PART I
PRELIMINARY
Commencement, citation and extent
1
1
These Regulations may be cited as the Motor Cycles Etc. (EC Type Approval) Regulations 1999 and shall come into force on 30th November 1999.
2
These Regulations extend to Northern Ireland.
Revocation
2
The Motor Cycles (EC Type Approval) Regulations 1995 and the Motor Cycles (EC Type Approval) (Amendment) Regulations 1997 are hereby revoked.
Interpretation
3
1
In these Regulations–
“the 1981 Order ” means the Road Traffic (Northern Ireland) Order 1981 ;
“the 1988 Act ” means the Road Traffic Act 1988 ;
“the 1994 Act ” means the Vehicle Excise and Registration Act 1994 ;
“the 1995 Order ” means the Road Traffic (Northern Ireland) Order 1995 ;
“the Framework Directive ” means Council Directive 92/61/ EEC of 30th June 1992 relating to the type approval of two or three-wheel motor vehicles ;
“cm 3 ” means cubic centimetres;
“EC certificate of conformity” means any certificate of conformity issued by the holder of an EC type approval certificate–
under regulation 8, or
under any provision of the law of an EEA State other than the United Kingdom giving effect to Article 7 of the Framework Directive;
“EC component type approval” means type approval of a separate technical unit or component granted pursuant to the Framework Directive and a separate Directive;
“EC type approval” means EC vehicle type approval or EC component type approval;
“EC type approval certificate” means a type approval certificate issued–
under regulation 7, or
under any provision of the law of an EEA State other than the United Kingdom giving effect to Article 5 of the Framework Directive;
“EC vehicle type approval” means type approval of a vehicle granted pursuant to the Framework Directive;
“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 ;
“EEA State” means a state which is a contracting Party to the EEA Agreement;
“ kg ” means kilogram(s);
“ km/h ” means kilometre(s) per hour;
“ kW ” means kilowatt(s);
“ mm ” means millimetre(s);
“moped” means a two or three wheel vehicle fitted with an engine having a cylinder capacity not exceeding 50cm 3 if of the internal combustion type and a maximum design speed of not more than 45 km/h;
“motor cycle” means a two-wheel vehicle with or without a sidecar, fitted with an engine having a cylinder capacity of more than 50cm 3 if of the internal combustion type and/or having a maximum design speed of more than 45 km/h;
“motor tricycle” means a vehicle with three symmetrically arranged wheels fitted with an engine having a cylinder capacity of more than 50cm 3 if of the internal combustion type and/or a maximum design speed of more than 45 km/h;
“quadricycle” means a motor vehicle with four wheels having the following characteristics–
a light quadricycle whose unladen mass is less than 350kg, not including the mass of batteries in the case of an electric vehicle, whose maximum design speed is not more than 45 km/h and whose engine cylinder capacity does not exceed 50cm 3 for spark-ignition engines (or whose maximum net power is no more than 4kW for other types of engines); or
a quadricycle other than one falling within sub-paragraph (a), whose unladen mass is not more than 400 kg (550 kg for a vehicle intended for carrying goods), not including the mass of batteries in the case of an electric vehicle, whose maximum net engine power does not exceed 15kW;
“separate Directive” means a Directive specified in Schedule 1.
2
For the purposes of determining the number of wheels which a vehicle has, two wheels shall be considered as one wheel where–
a
they are mounted on the same axle, and
b
the distance between the centres of their areas of contact with the ground is less than 460 mm.
3
Other expressions used in these Regulations which are also used in the Framework Directive shall have the same meaning as in that Directive and cognate expressions shall be construed accordingly.
Vehicles to which these Regulations apply
4
1
These Regulations apply to the following vehicles, if they are intended to travel on the road–
a
mopeds;
b
motor cycles;
c
motor tricycles; and
d
quadricycles.
This is subject to paragraph (2).
2
These Regulations do not apply to–
a
vehicles with a maximum design speed not exceeding 6 km/h;
b
vehicles intended for pedestrian control;
c
vehicles intended for use by the physically handicapped;
d
vehicles intended for use in competitions, on roads or whatever the terrain;
e
tractors and machines, used for agricultural or similar purposes;
f
vehicles designed primarily for off-road leisure use having wheels arranged symmetrically with one wheel at the front of the vehicle and two at the rear.
PART II
EC TYPE APPROVAL GRANTED BY THE SECRETARY OF STATE
Applications for grant or amendment of EC type approval
5
1
An application for EC type approval may be made to the Secretary of State.
2
An application under paragraph (1) shall be in writing and accompanied by the documents required by Article 3 of the Framework Directive.
3
An application by the holder of an EC type approval certificate issued by the Secretary of State for the approval to be amended may be made to the Secretary of State.
4
An application under paragraph (3) shall be in writing.
Grant or refusal of applications
6
1
The Secretary of State may refuse to grant EC vehicle type approval if he is not satisfied that the applicant has made adequate arrangements for complying with regulation 9.
2
The Secretary of State may refuse to grant EC component type approval if he is not satisfied that the applicant has made adequate arrangements for complying with regulations 9, 11 and 12.
3
The Secretary of State may grant EC component type approval of a separate technical unit or component subject to such restrictions on its use or conditions as to fitting it as are described in Article 7(3) of the Framework Directive.
4
Without prejudice to paragraphs (1) to (3) the Secretary of State shall make any decision under this regulation in accordance with–
a
the Framework Directive,
b
any relevant separate Directives, and
c
in particular, the requirement of the Framework Directive that a member State granting EC type approval must ensure that adequate arrangements have been made to ensure that production vehicles, components and separate technical units (as the case may be) conform to the EC approved type.
5
Where the Secretary of State decides to refuse an application made under regulation 5, he shall give notice of the refusal to the applicant.
6
Where the Secretary of State decides to impose restrictions on EC component type approval under paragraph (3), he shall, unless the applicant has consented to the restrictions or conditions, give notice of his decision to the applicant.
Issue of certificate
7
1
Where the Secretary of State decides to grant or amend an EC type approval he shall issue an EC type approval certificate or (as the case may be) an amended EC type approval certificate.
2
An EC type approval certificate shall be in the form required by the Framework Directive or the relevant separate Directive (as the case may be).
EC certificates of conformity and approval marks
8
1
The holder of an EC vehicle type approval granted by the Secretary of State shall comply with the requirements of the first sentence of Article 7(1) of the Framework Directive (holders of EC vehicle type approval to issue certificates of conformity).
2
The holder of an EC component type approval granted by the Secretary of State shall comply with Articles 7(2) and (4) and 8 of the Framework Directive (holders of EC component type approval to issue certificates of conformity and affix markings) so far as those provisions are applicable.
Conformity of production
9
The holder of an EC type approval granted by the Secretary of State shall comply with paragraphs 1.1 to 1.1.6 of Annex VI to the Framework Directive (provisions relating to checking the conformity of production).
Duty to co-operate with the Secretary of State
10
1
The holder of an EC type approval granted by the Secretary of State shall permit the Secretary of State to carry out his obligations in relation to the approval under–
a
Article 4(3) and (5) of the Framework Directive (duty to ensure that provisions relating to checking the conformity of production continue to be observed), or
b
any similar provision under a separate Directive.
2
The holder of an EC type approval granted by the Secretary of State shall co-operate with any person acting on behalf of the Secretary of State in connection with the obligations mentioned in paragraph (1).
Information concerning restrictions on use of components and separate technical units
11
Where the Secretary of State has granted EC component type approval subject to restrictions as permitted by regulation 6(3), the holder of the type approval shall comply with the requirements of Article 7(5) of the Framework Directive (duty to supply detailed information on restrictions and to give fitting instructions).
Information concerning separate technical units of non-original equipment
12
Where the Secretary of State has granted EC component type approval for a separate technical unit of non-original equipment in connection with one or more types of vehicle, the holder of the type approval shall comply with the requirements of Article 7(6) of the Framework Directive (duty to supply information identifying those vehicles).
Withdrawal of EC type approval
13
1
The Secretary of State may withdraw an EC vehicle type approval granted by him by giving notice to the holder if–
a
two or more vehicles associated with that type approval have been examined on behalf of the Secretary of State, and
b
the Secretary of State is satisfied that there has been a failure to conform to the approved type in respect of each of those vehicles.
2
The Secretary of State may withdraw an EC component type approval granted by him by giving notice to the holder if–
a
two or more components or separate technical units associated with that type approval have been examined on behalf of the Secretary of State, and
b
the Secretary of State is satisfied that there has been a failure to conform to the approved type in respect of each of those components or separate technical units.
3
Before withdrawing an EC type approval under this regulation, the Secretary of State shall give the holder notice in writing–
a
stating that he is considering withdrawing the approval, and
b
giving particulars of the grounds on which he is considering withdrawing the approval.
4
Where the Secretary of State gives such a notice, the person to whom it is given may make representations to him with respect to the proposed withdrawal during a period of 28 days beginning with the day on which the notice is given.
5
The Secretary of State shall not decide to withdraw the approval until that period expires.
6
The Secretary of State shall take into account any representations made under paragraph (4) before deciding whether or not to withdraw the approval.
7
For the purposes of this regulation–
a
a vehicle is associated with an EC vehicle type approval if an EC certificate of conformity has been issued in respect of it and the certificate relates to that type approval,
b
a component or separate technical unit is associated with an EC component type approval if–
i
it has been marked with an approval mark and the marking relates to that type approval, or
ii
an EC certificate of conformity has been issued in respect of it and the certificate relates to that type approval.
Suspension of EC type approval
14
1
The Secretary of State may suspend an EC type approval granted by him by giving notice to the holder if, as a result of carrying out the obligations of the United Kingdom under Article 4(3) of the Framework Directive (competent authorities to ensure that certain provisions of the Directive relating to checking the conformity of production continue to be observed) in relation to that type approval, the Secretary of State is satisfied that–
a
the holder’s arrangements for ensuring that production vehicles, separate technical units or components (as the case may be) conform to the approved type are no longer adequate, or
b
without prejudice to sub-paragraph (a), the holder has failed to comply with the requirements imposed by regulations 8 to 12, so far as those requirements are applicable.
2
Before suspending an EC type approval under this regulation, the Secretary of State shall give the holder notice in writing–
a
stating that he is considering suspending the approval, and
b
giving particulars of the grounds on which he is considering suspending the approval.
3
Where the Secretary of State gives such a notice, the person to whom it is given may make representations to him with respect to the proposed suspension during a period of 28 days beginning with the day on which the notice is given.
4
The Secretary of State shall not decide to suspend the approval until that period expires.
5
The Secretary of State shall take into account any representations made under paragraph (3) before deciding whether or not to suspend the approval.
6
If the holder of an EC type approval which has been suspended under this regulation purports to issue an EC certificate of conformity by virtue of that approval, the certificate shall be invalid.
7
The Secretary of State may by notice under paragraph (2) or subsequent notice given to the holder, exempt from paragraph (6) such EC certificates of conformity or classes of EC certificates of conformity as are specified in the notice.
8
The suspension of an EC type approval shall not affect the validity of any EC certificate of conformity issued before the approval is suspended.
9
A suspension under this regulation shall remain in force until it is revoked by the Secretary of State.
10
If, following a request by the holder of an EC type approval which has been suspended under this regulation, the Secretary of State refuses to revoke the suspension of that type approval or to exercise his power under paragraph (7), he shall give notice of his decision to the holder.
Powers of the Secretary of State in cases of serious risk to road safety
15
1
Where the Secretary of State considers that vehicles, components or separate technical units of a particular type in respect of which an EC type approval has effect are a serious risk to road safety, he may direct that for a specified period not exceeding six months all EC certificates of conformity issued under that EC type approval (whether before or after the giving of the direction) shall be invalid for the purposes of–
a
Part II of the 1988 Act and any regulations made under that Part,
b
Part IV of the 1981 Order and Part III of the 1995 Order and any regulations made under those Parts, and
c
regulation 16.
2
Notice of a direction under this regulation shall be given to the holder of the EC type approval.
3
A direction under this regulation may be revoked by the Secretary of State.
4
If, following a request by the holder of an EC type approval, the Secretary of State refuses to exercise his powers under paragraph (3) to revoke a direction given by him under this regulation, he shall give notice of his decision to the holder.
PART III
LICENSING OF VEHICLES
Grant of first licence or nil licence
16
1
Where a person applies on or after 30th November 1999 for a licence or nil licence under the 1994 Act for a vehicle to which these Regulations apply, and no licence or nil licence has previously been granted under that Act for that vehicle, the Secretary of State shall not grant the licence or nil licence unless–
a
it is shown that an EC certificate of conformity has effect with respect to the vehicle, or
b
it is shown that a Minister’s approval certificate issued under section 58(1) or (4) of the 1988 Act has effect with respect to the vehicle, or
c
it is shown that a Department’s approval certificate issued under Article 31A(4) or (5) of the 1981 Order has effect with respect to the vehicle, or
d
the application is made before 17th June 2003 and the vehicle belongs to the same type as a vehicle used before 17th June 1999.
2
Where, by virtue of this regulation, the Secretary of State refuses to grant a licence or nil licence for a vehicle, he shall give notice of his decision to the applicant.
3
For the purposes of paragraph (1), a vehicle belongs to a particular type only if it would be treated for the purposes of the Framework Directive as belonging to that type.
4
This regulation is subject to regulations 17 and 18.
Vehicles used for the purposes of the Crown, the police and civil defence
17
Regulation 16 shall not apply in relation to–
a
an application by a public or local authority in respect of a vehicle intended by that authority to be used by them for the purposes of civil defence (within the meaning of the Civil Defence Act 1948 ), or
b
an application by a public or local authority in respect of a vehicle intended to be used for police purposes, or
c
an application in respect of a vehicle to which sections 63, 65 and 65A of the 1988 Act or Articles 31E and 31G of the 1981 Order have become applicable after a period of use on roads during which, by virtue of section 183(2) of the 1988 Act or Article 214 of the 1981 Order (which relate to vehicles in the service of the Crown) those sections or Articles did not apply to it.
Prototypes
18
Regulation 16 shall not apply in relation to a vehicle of a new or improved construction, or a vehicle fitted with new or improved equipment, which–
a
has been so constructed, or fitted with such equipment, for the purposes of tests or trials or for use as a prototype, and
b
is not intended for general use on roads, and
c
remains in the ownership and use of the manufacturer of the vehicle or (as the case may be) the manufacturer of the equipment.
PART IV
OFFENCES
Amendments of Acts and Orders
19
The amendments set out in Schedule 2 shall have effect.
Forgery and deception
20
1
A person who, with intent to deceive–
a
forges, alters or uses an EC type approval certificate or an EC certificate of conformity, or
b
lends an EC type approval certificate or an EC certificate of conformity to another person, or
c
allows an EC type approval certificate or an EC certificate of conformity to be used by another person, or
d
makes any document so closely resembling an EC type approval certificate or an EC certificate of conformity as to be calculated to deceive, or
e
has in his possession any document so closely resembling an EC type approval certificate or an EC certificate of conformity as to be calculated to deceive,
shall be guilty of an offence.
2
A person who commits an offence under paragraph (1) shall be liable–
a
on summary conviction, to a fine not exceeding the statutory maximum, or
b
on conviction on indictment, to imprisonment for a term not exceeding 2 years, or to a fine or both.
False statements and documents
21
A person who, in supplying information or producing documents for the purposes of these Regulations–
a
makes a statement which he knows to be false in a material particular, or
b
recklessly makes a statement which is false in a material particular, or
c
produces, provides, sends or otherwise makes use of a document which he knows to be false in a material particular, or
d
recklessly produces, provides, sends or otherwise makes use of a document which is false in a material particular,
shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
PART V
MISCELLANEOUS
Duty to give reasons etc.
22
A notice under regulation 6(5) or (6), 13(1) or (2) or 14(1) shall specify–
a
the reasons for the decision to which it relates,
b
the right to request a review under these Regulations, and
c
the time limit for making such a request.
Review of decisions
23
1
Where the Secretary of State has given a notice under regulation 6(5) or (6), 13(1) or (2) or 14(1) to a person, that person may request the Secretary of State to review the decision to which the notice relates.
2
Any request by a person for a review of a decision to which a notice relates shall be made in writing within a period of 28 days from the day on which that person received that notice.
3
On a review under this regulation the Secretary of State may–
a
hold an inquiry in connection with the review, and
b
appoint an assessor for the purpose of assisting him with the review or any such inquiry.
4
Section 180 of the 1988 Act shall apply to an inquiry under this regulation as it applies to an inquiry under that Act.
5
In its application to Northern Ireland by virtue of paragraph (4), section 180 of the 1988 Act shall have effect as if in paragraph (a) of subsection (2) after the word “Wales” there were inserted the words “or Northern Ireland”.
Service of notices
24
1
Any document required or authorised by virtue of these Regulations to be given to any person by the Secretary of State shall be given–
a
by delivering it to him or by leaving it at his proper address or by sending it by post to him at that address, or
b
if the person is a body corporate, by serving it in accordance with sub-paragraph (a) on the secretary or clerk of that body, or
c
if the person is a partnership, by serving it in accordance with sub-paragraph (a) on a partner or a person having the control or management of the partnership business.
2
For the purposes of this regulation and section 7 of the Interpretation Act 1978 (which relates to the service of documents by post) in its application to this regulation, the proper address of any person on whom a document is to be served shall be his last known address, except that–
a
in the case of service on a body corporate or its secretary or clerk, it shall be the address of the registered or principal office of the body,
b
in the case of service on a partnership or a partner or a person having the control of management of a partnership business, it shall be the address of the principal office of the partnership,
and for the purposes of this regulation the principal office of a company registered outside the United Kingdom, or of a partnership carrying on business outside the United Kingdom is its principal office within the United Kingdom.
3
If a person to be served by virtue of these Regulations with any document by the Secretary of State has specified to the Secretary of State an address within the United Kingdom other than his proper address (as determined in pursuance of paragraph (2)) as the one at which he or someone on his behalf will accept documents of the same description as that document, that address shall also be treated as his proper address for the purposes of this regulation and for the purposes of the said section 7 in its application to this regulation.
Provision of testing stations
25
The Secretary of State may provide and maintain–
a
stations where examinations of vehicles to which these Regulations apply and of components of such vehicles may be carried out for the purposes of these Regulations, and
b
the apparatus for carrying out such examinations.
Transitional
26
1
An application for EC type approval made under the Motor Cycles (EC Type Approval) Regulations 1995 before the coming into force of these Regulations shall have effect as if it had been made under these Regulations.
2
Nothing in these Regulations shall affect the validity of anything done under the Motor Cycles (EC Type Approval) Regulations 1995 before the coming into force of these Regulations.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Larry Whitty
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
25th October 1999


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Stamp Duty and Stamp Duty Reserve Tax (Investment Exchanges and Clearing Houses) (OM London Exchange Limited) Regulations 1999 and shall come into force on 29th December 1999.
2
These Regulations shall have effect–
a
as respects the charge to stamp duty, in relation to instruments executed on or after 29th December 1999;
b
as respects the charge to stamp duty reserve tax–
i
in the case of an agreement to transfer equity securities which is not conditional, where the agreement is made on or after 29th December 1999;
ii
in the case of an agreement to transfer equity securities which is conditional, where the condition is satisfied on or after that date.
Interpretation
2
In these Regulations–
“clearing member” means a member who is permitted by the rules of OM London Exchange Limited to clear transactions made on that exchange for an equity security;
“equity securities” means stocks and shares which are issued or raised by a company but does not include stocks and shares issued by a company not incorporated in the United Kingdom unless–
they are registered in a register kept in the United Kingdom by or on behalf of the company, or
in the case of shares, they are paired, within the meaning of section 99(6A) of the Finance Act 1986 , with shares issued by a company incorporated in the United Kingdom;
“member” means a member of OM London Exchange Limited who is recognised as such by the rules of that exchange;
“non-clearing member” means a member other than a clearing member;
“option” means an option to buy or sell securities which is listed by and traded on OM London Exchange Limited;
“futures contract” means a futures, or a forward, contract conferring rights and obligations to buy or sell securities which is listed by and traded on OM London Exchange Limited.
Prescription of recognised investment exchange
3
For the purposes of sections 116 and 117 of the Finance Act 1991 OM London Exchange Limited is a recognised investment exchange which is prescribed.
Transfers and issues of securities to OM London Exchange Limited — prescribed circumstances
4
1
In the circumstances prescribed by paragraph (2), a charge to stamp duty or to stamp duty reserve tax shall be treated as not arising.
2
The circumstances prescribed are where, as a result of the exercise of options, or under futures contracts, equity securities of a particular kind are transferred or issued or agreed to be transferred or issued–
a
to OM London Exchange Limited; or
b
to a person whose business is or includes holding such securities as a nominee for OM London Exchange Limited.
3
References in this regulation and in regulation 5 to OM London Exchange Limited are references to that exchange in its capacity as a person providing clearing services in connection with a transaction made on that exchange.
Transfer of securities to or from members of OM London Exchange Limited — prescribed circumstances
5
1
In the circumstances prescribed by paragraph (2), a charge to stamp duty or to stamp duty reserve tax shall be treated as not arising.
2
The circumstances prescribed are where, in order to meet an obligation to receive securities resulting from the exercise of options, or under futures contracts, equity securities of a particular kind are transferred or agreed to be transferred–
a
from a non-clearing member or a nominee of a non-clearing member to a clearing member or the nominee of a clearing member; or
b
from OM London Exchange Limited or a nominee of OM London Exchange Limited to a clearing member or a nominee of a clearing member.
3
In paragraph (2) references to a clearing member are references to a clearing member in his capacity as such.
Bob Ainsworth
Greg Pope
Two of the Lords Commissioners of Her Majesty’s Treasury
7th December 1999


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security Benefits Up-rating Regulations 1999 and shall come into force on 12th April 1999.
2
In these Regulations–
“the Administration Act ” means the Social Security Administration Act 1992; and
“the Up-rating Order ” means the Social Security Benefits Up-rating Order 1999 .
Exceptions relating to payment of additional benefit under awards made before the commencing date
2
Section 155(3) of the Administration Act (effect of alteration of rates of benefit under Parts II to V of the Contributions and Benefits Act) shall not apply if a question arises as to either–
a
the weekly rate at which the benefit is payable by virtue of the Up-rating Order, or
b
whether the conditions for receipt of the benefit at the altered rate are satisfied,
until that question has been determined in accordance with the provisions of the Administration Act.
Persons not ordinarily resident in Great Britain
3
Regulation 5 of the Social Security Benefit (Persons Abroad) Regulations 1975 (application of disqualifications in respect of up-rating of benefits) shall apply to any additional benefit payable by virtue of the Up-rating Order.
Amendment of the Social Security Benefit (Dependency) Regulations 1977
4
In paragraph 2B of Schedule 2 to the Social Security Benefit (Dependency) Regulations 1977 (increase of invalid care allowance for child dependants)–
a
for the sum of “£140” in both places where it occurs there shall be substituted the sum of “£145”; and
b
for the sum of “£18.00” there shall be substituted the sum of “£19.00”.
Amendment of the Social Security (Incapacity Benefit) Regulations 1994
5
In regulation 8 of the Social Security (Incapacity Benefit) Regulations 1994 (limit of earnings from councillor’s allowance) for the sum of “£48.00” there shall be substituted the sum of “£49.50”.
Revocation
6
Regulations 2, 3, 5 and 6 of the Social Security Benefits Up-rating Regulations 1998 are hereby revoked.
Signed by authority of the Secretary of State for Social Security.
Stephen C. Timms
Minister of State,
Department of Social Security
17th March 1999


text:
1
This Order may be cited as the Public Telecommunication System Designation (GC Pan European Crossing UK Limited) Order 1999 and shall come into force on 23rd November 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
18th October 1999


text:
PART I
GENERAL
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Teachers’ Qualifications and Health Standards) (England) Regulations 1999 and shall come into force on 1st September 1999.
2
These Regulations shall apply in relation to England .
Revocations and transitional provisions
2
1
Part I of Schedule 1 shall have effect as respects the revocations there mentioned.
2
Part II of Schedule 1 shall have effect as respects the transitional matters there mentioned.
Interpretation
3
1
Except where the context otherwise requires, in these Regulations —
a
a reference to a school is a reference to a school maintained by a local education authority or a special school not so maintained;
b
a reference to a further education institution is a reference to an institution, not being a school, which provides further education (whether or not it also provides higher education) and either —
i
is maintained by a local education authority, or
ii
is within the further education sector;
c
a reference to an institution without qualification is a reference to a further education institution or an institution within the higher education sector; and
d
a reference to a worker with children or young persons is a reference to a person, other than a teacher, whose work brings him regularly into contact with persons who have not attained the age of 19 years.
2
Except where the context otherwise requires, in these Regulations —
“accredited institution” means an institution accredited by the Teacher Training Agency under paragraph 2 of Schedule 3;
“authorisation” means an authorisation to teach granted to a person by the Teacher Training Agency in accordance with Part II or III of Schedule 2;
“ BTEC ” means the Business and Technology Education Council;
“city college” means a city technology college or a city college for the technology of the arts;
“company” has the same meaning as in the Companies Act 1985 ;
“graduate teacher” means a person to whom an authorisation has been granted in accordance with Part II of Schedule 2;
“hearing impaired” means deaf or partially hearing;
“higher education” means education provided by any of the following courses —
a course for the further training of teachers or youth and community workers;
a post-graduate course (including a higher degree course);
a first degree course;
a course for the Diploma of Higher Education;
a course for the BTEC Higher National Diploma or BTEC Higher National Certificate provided by the Edexcel Foundation, or the Diploma in Management Studies;
a course for the Certificate in Education;
a course in preparation for a National Vocational Qualification at level 4 or 5;
a course providing education (whether or not in preparation for an examination) at a standard higher than the standard of courses providing education in preparation for examinations at advanced level for the General Certificate of Education or the examination for the BTEC National Certificate or the BTEC National Diploma provided by the Edexcel Foundation;
“qualified teacher” has the meaning given to it by regulation 10 and “unqualified teacher” shall be construed accordingly;
“recommending body” means the body that is the organiser of the training given or to be given to the person named in the recommendation;
“registered teacher” means a person to whom an authorisation has been granted in accordance with Part III of Schedule 2;
“relevant employment” has the meaning given to it by regulation 5; and
“visually impaired” means blind or partially sighted.
3
In these Regulations —
a
any reference to the 1959 Regulations is a reference to the Schools Regulations 1959 (as from time to time in force) including those regulations as applied to teachers at special schools by regulation 16 of the Handicapped Pupils and Special Schools Regulations 1959 , and any reference to an approval for the purposes of any provision of the 1959 Regulations shall be construed as including a reference to an approval which, by virtue of regulation 21 thereof, had effect as if given under that provision;
b
any reference to the 1982 Regulations is a reference to the Education (Teachers) Regulations 1982 ;
c
any reference to the 1989 Regulations is a reference to the Education (Teachers) Regulations 1989 ; and
d
any reference to the 1993 Regulations is a reference to the Education (Teachers) Regulations 1993 .
4
Except where the context otherwise requires, an approval for the purposes of these Regulations may apply generally (subject to such exceptions, if any, as are specified therein) or only in a particular case, and “approved” in relation to a course means approved by the Secretary of State.
5
Any references in these Regulations to a regulation or Schedule is a reference to a regulation contained herein or to a Schedule hereto, any reference in a regulation or Schedule to a paragraph is a reference to a paragraph of that regulation or Schedule and any reference in a paragraph to a sub-paragraph is a reference to a sub-paragraph thereof.
PART II
PROVISIONS APPLYING TO SCHOOLS AND FURTHER EDUCATION INSTITUTIONS
Staffing of schools and further education institutions
4
1
At any school or further education institution there shall be employed a staff of teachers suitable and sufficient in numbers for the purpose of securing the provision of education appropriate to the ages, abilities, aptitudes and needs of the pupils or students having regard to any arrangements for the utilisation of the services of teachers employed otherwise than at the school or further education institution in question.
2
Without prejudice to the generality of paragraph (1) —
a
the staff of teachers employed at a school shall include a head teacher;
b
the staff of teachers employed at a further education institution shall have qualifications appropriate to the giving of adequate instruction in the subjects in which courses are provided.
3
The requirement in paragraph (1) is additional to the requirements relating to qualifications for employment at schools contained in Part IV of these Regulations.
PART III
PROVISIONS OF GENERAL APPLICATION
5
1
Any reference in this Part to relevant employment is subject to paragraph (2), a reference to employment —
a
by a local education authority, as teachers (whether or not at a school or further education institution) or as workers with children or young persons;
b
by any other body, as teachers at a school or further education institution; or
c
by the governing body of a school or further education institution as workers with children or young persons.
2
For the purposes of this Part, employment includes the engagement of a person to provide his services as a teacher otherwise than under a contract of employment and references to employment or relevant employment shall be construed accordingly.
Health standards-appointments
6
1
Subject to paragraph (4), a person shall not be appointed to relevant employment if, having regard to any duty of the employer under Part II of the Disability Discrimination Act 1995 , he does not have the health and mental and physical capacity for that employment.
2
In the case of the first appointment as a teacher of a person in respect of whom the Secretary of State has been satisfied that he has the health and mental and physical capacity for teaching, his employers may accept the Secretary of State’s conclusions in the matter where it appears to them reasonable to do so.
3
In the case of any appointment to relevant employment of a person previously in such employment, his employers may where it appears to them reasonable to do so rely upon the person’s medical record while in that employment for the purpose of determining that the person has the health and mental and physical capacity for such employment.
4
A person who is in receipt of a retirement pension by virtue of regulation E4(4) of the Teachers’ Pensions Regulations 1997 (ill health retirement) shall not be regarded as having the health and mental and physical capacity to be appointed to relevant employment or to be engaged to provide his services as a teacher at a school or further education institution otherwise than under a contract of employment, save that a person whose entitlement to such pension took effect before 1st April 1997 may be so appointed or engaged to serve part-time.
5
Nothing in paragraph (4) prevents the appointment or engagement of a person who has ceased to be incapacitated and whose retirement pension has for that reason ceased to be payable.
Health standards-continued employment
7
1
A person in relevant employment shall not continue in that employment if, having regard to any duty of the employer under Part II of the Disability Discrimination Act 1995, he does not have the health and mental and physical capacity for that employment.
2
For the purposes of this regulation, where it appears to his employers that a person may no longer have the health or mental or physical capacity for his employment —
a
they shall afford him an opportunity to submit medical evidence and make representations to them;
b
they shall consider such evidence and representations and any other medical evidence available to them, including such evidence which has been furnished in confidence on the ground that it would not be in the best interests of the person concerned to see it;
c
they may require him, or at his request shall arrange for him, to submit himself for examination by a duly qualified medical practitioner appointed by them and, if without good cause he fails to submit himself for such examination or refuses to make available medical evidence or information sought by the medical practitioner, they may reach a conclusion in the matter, including a conclusion that he no longer has the health or mental or physical capacity for his employment, on such evidence and information as is available to them, notwithstanding that further medical evidence may be desirable.
3
At any time before such medical examination as is referred to in paragraph (2)(c) the employers, or the person himself, may submit to the appointed medical practitioner a statement containing evidence or other matter relevant to the examination: and the examination may be attended by any duly qualified medical practitioner appointed for the purpose by the person being examined.
PART IV
PROVISIONS APPLYING ONLY TO SCHOOLS
Employment to which Part IV applies
8
Subject to regulation 9 this part shall apply in relation to the employment of persons as teachers at schools, unless they are employed solely in the provision of —
a
part-time education to persons over compulsory school age only; or
b
full-time education to persons who have attained the age of 19 years only; or
c
both such part-time and such full-time education.
9
For the purposes of this Part, employment includes the engagement of a person to provide his services as a teacher otherwise than under a contract of employment and references to employment or being employed shall be construed accordingly.
Employment normally restricted to qualified teachers
10
Save in the cases and circumstances specified in Schedule 2, and subject to regulations 11, 12, 13 and 14 no person shall be employed as a teacher at a school unless he is a qualified teacher in accordance with Schedule 3.
Employment of teachers of hearing impaired pupils
11
Subject to regulations 13 and 14, a person shall not be a qualified teacher for the purpose of employment at a school as a teacher of a class of pupils who are hearing impaired (otherwise than to give instruction in a craft, trade or domestic subject), unless in addition to being a qualified teacher in accordance with Schedule 3, he possesses a qualification for the time being approved by the Secretary of State for the purpose of this regulation.
Employment of teachers of visually impaired pupils
12
Subject to regulations 13 and 14, a person shall not be a qualified teacher for the purpose of employment at a school as a teacher of a class of pupils who are visually impaired (otherwise than to give instruction in a craft, trade or domestic subject), unless in addition to being a qualified teacher in accordance with Schedule 3, he possesses a qualification for the time being approved by the Secretary of State for the purpose of this regulation.
Employment of teachers of pupils who are both hearing and visually impaired
13
1
Subject to paragraph (2) and regulation 14, a person shall not be a qualified teacher for the purpose of employment at a school as a teacher of a class of pupils who are both hearing impaired and visually impaired (otherwise than to give instruction in a craft, trade or domestic subject), unless in addition to being a qualified teacher in accordance with Schedule 3, he possesses a qualification for the time being approved by the Secretary of State for the purpose of this regulation.
2
A person who possesses a qualification approved under regulation 11 or 12 shall be a qualified teacher for the purpose mentioned in paragraph (1) notwithstanding that he does not possess a qualification approved for the purpose of that paragraph where his employers are satisfied that no teacher with such a qualification is available to teach the class in question.
Temporary employment of teachers of the visually impaired or hearing impaired (or both)
14
A person may be employed at a school as the teacher of a class of pupils who are —
a
hearing impaired;
b
visually impaired; or
c
both hearing impaired and visually impaired,
notwithstanding that he is not a qualified teacher in accordance with regulation 11, 12 or 13(1), as the case may be, for the purpose of such employment if his employers are satisfied that it is his intention to acquire a qualification approved by the Secretary of State under regulation 11, 12 or 13(1), as the case may be, provided however that the aggregate period for which he has been employed, in one or more schools, as the teacher of such a class of pupils as are mentioned in sub-paragraph (a), (b) or (c), as the case may be, does not exceed three years.
Estelle Morris
Minister of State,
Department for Education and Employment
27th July 1999


text:
Citation and commencement
1
These Regulations may be cited as the Stamp Duty Reserve Tax (Amendment) Regulations 1999 and shall come into force on 1 October 1999.
Interpretation
2
In these Regulations–
“the Management Act ” means the Taxes Management Act 1970;
“the Schedule” means the Schedule to the Stamp Duty Reserve Tax Regulations 1986.
Amendments to Part I of the Schedule
3
1
The Table in Part I of the Schedule (which applies the provisions of the Management Act specified in the first column of that Table subject to any modification specified in the second column of that Table) shall be amended as follows:
2
For the entries relating to section 86 there shall be substituted —
86
1
For the words “The following” to “section 55 or 59B of this Act,” substitute “Tax which becomes due and payable”; and for the words “the relevant date” substitute “1st October 1999 or the accountable date, whichever is the later,”.
3
For the word “relevant” substitute “accountable”.
Amendments to Part II of the Schedule
4
1
Part II of the Schedule (which restates the provisions of the Management Act specified in Part I of the Schedule as so modified where appropriate) shall be amended as follows.
2
For section 86 of the Management Act (as so modified) there shall be substituted–
Interest on overdue tax
86
1
Tax which becomes due and payable shall carry interest at the rate applicable under section 178 of the Finance Act 1989 from 1 October 1999 or the accountable date, whichever is the later, until payment.
3
Subsection (1) above applies even if the accountable date is a non-business day within the meaning of section 92 of the Bills of Exchange Act 1882.
Gordon Brown
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
9th September 1999