text:
PART 1
INTRODUCTION
Citation and commencement
1
These Regulations may be cited as the Control of Major Accident Hazards Regulations 1999 and shall come into force on 1st April 1999.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“the 1974 Act” means the Health and Safety at Work etc. Act 1974;
“the 1984 Regulations ” means the Control of Industrial Major Accident Hazards Regulations 1984 ;
“ the Agency ” in relation to an establishment in —
England and Wales, means the Environment Agency,
Scotland, means the Scottish Environment Protection Agency;
“CIMAH report” means a report sent to the Executive pursuant to regulations 7 or 8 of the 1984 regulations;
“competent authority” means the Executive and the Agency acting jointly;
“control” in relation to a person means control in the course of a trade, business or other undertaking carried on by him;
“dangerous substance” means (subject to regulation 3(3)(b)) a substance, mixture or preparation —
listed in column 1 of Part 2 of Schedule 1, or,
within a category specified in column 1 of Part 3 of Schedule 1,
and present as a raw material, product, by-product, residue or intermediate;
“ the Directive ” means Council Directive 96/82/ EC on the control of major accident hazards involving dangerous substances ;
“emergency services” means —
those police, fire and ambulance services who are liable to be required to respond to an emergency at the establishment,
where appropriate, Her Majesty’s Coastguard;
“establishment” means the whole area under the control of the same person where dangerous substances are present in one or more installations, and for this purpose two or more areas under the control of the same person and separated only by a road, railway or inland waterway shall be treated as one whole area;
“the Executive” means the Health and Safety Executive;
“existing establishment” shall be construed in accordance with paragraph (7);
“hazardous substances consent” means a hazardous substances consent granted under the Planning (Hazardous Substances) Act 1990 or the Planning (Hazardous Substances) (Scotland) Act 1997 ;
“health authority”, in relation to England and Wales means a health authority established under section 8 of the National Health Service Act 1977 and in relation to Scotland, means a health board established under section 2 of the National Health Service (Scotland) Act 1978 ;
“industrial activity” has the same meaning as in the 1984 Regulations;
“installation” means a unit in which dangerous substances present are, or are intended to be, produced, used, handled or stored, and it includes —
equipment, structures, pipework, machinery and tools,
railway sidings, docks and unloading quays serving the unit, and
jetties, warehouses or similar structures, whether floating or not,
which are necessary for the operation of the unit;
“local authority” means —
for the purposes of regulation 14, in relation to —
the City of London, the Common Council for the City of London;
an area in the rest of London, the London Borough Council for that area;
the Isles of Scilly, the Council of the Isles of Scilly;
an area in the rest of England, the district council for that area or where there is no district council for that area, the county council for that area;
an area in Scotland, the council for the local government area, and
an area in Wales, the county council or the county borough council for that area;
for the purposes of other regulations, in relation to —
London, the London Fire and Civil Defence Authority;
an area where there is a fire and civil defence authority, that authority;
the Isles of Scilly, the Council of the Isles of Scilly;
an area in the rest of England, the county council for that area, or where there is no county council for that area, the district council for that area;
an area in Scotland, the council for the local government area;
an area in Wales, the county council or the county borough council for that area;
“major accident” means an occurrence (including in particular, a major emission, fire or explosion) resulting from uncontrolled developments in the course of the operation of any establishment and leading to serious danger to human health or the environment, immediate or delayed, inside or outside the establishment, and involving one or more dangerous substances;
“major accident prevention policy document” shall be construed in accordance with regulation 5(1);
“notify” means notify in writing and “notification” shall be construed accordingly;
“off-site emergency plan” shall be construed in accordance with regulation 10(1);
“on-site emergency plan” shall be construed in accordance with regulation 9(1);
“operator” shall be construed in accordance with paragraph (2);
“pipeline” means a pipeline to which the Pipelines Safety Regulations 1996 applies;
“road” means —
in relation to England and Wales, a road within the meaning of section 192(1) of the Road Traffic Act 1988 ;
in relation to Scotland, a road within the meaning of the Roads (Scotland) Act 1984 ;
“safety report” means a report sent to the competent authority pursuant to regulation 7 or a part of a report sent to the competent authority pursuant to regulation 7(10) except that where any such report or part has been revised pursuant to regulation 8, it means the report or part as so revised.
2
Any reference in these Regulations to an operator is a reference to a person who is in control of the operation of an establishment or installation (or in relation to an establishment or installation which is to be constructed or operated, the person who proposes to control its operation or, if that person is not known, the person who in the course of a trade, business or other undertaking carried on by him has commissioned its design and construction); and any duty imposed by these Regulations on him shall extend only in relation to that establishment or installation.
3
Any reference in these Regulations to the presence of dangerous substances includes a reference to the anticipated presence of such substances and the presence of those which it is reasonable to believe may be generated during the loss of control of an industrial chemical process.
4
Any reference in these Regulations to the storage of dangerous substances includes a reference to the presence of dangerous substances for the purposes of warehousing, depositing in safe custody or keeping in stock.
5
Any reference in these Regulations to the start of construction or operation of an establishment is, subject to paragraph (6), a reference to the start of construction or operation, as the case may be, of the installation in the establishment, or where there is or is to be more than one installation in the establishment, the one whose construction or operation, as the case may be, is first started, and where an installation in an establishment has been constructed, or its construction has been started, before the coming into force of these Regulations, regulations 6(1) and 7(1) shall not apply in respect of that establishment.
6
Where after the coming into force of these Regulations an establishment becomes subject to any of these Regulations by reason of any increase in the quantity of dangerous substances present there, any reference in that regulation to the start of operation of the establishment, is a reference to the time when the establishment first becomes so subject.
7
Any reference in a regulation to an existing establishment is a reference to an establishment whose operation commenced before the coming into force of these Regulations and which, on the coming into force of these Regulations, is an establishment to which that regulation applies.
8
The columns in Parts 2 and 3 of Schedule 1 shall be applied in accordance with the provisions of Part 1 of that Schedule and notes set out in each of those Parts.
9
Any reference in these Regulations to —
a
a numbered regulation or Schedule is a reference to the regulation in or Schedule to these Regulations so numbered, and
b
a numbered paragraph is a reference to the paragraph so numbered in the Regulation or Schedule in which the reference appears.
Application
3
1
These Regulations shall apply to an establishment where a dangerous substance listed in column 1 of Parts 2 or 3 of Schedule 1 is present in a quantity equal to or exceeding the quantity listed in the entry for that substance in column 2 of those Parts, except that regulations 7 to 14 shall apply only to an establishment where such a dangerous substance is present in a quantity equal to or exceeding the quantity listed in the entry for that substance in column 3 of those Parts.
2
The reference in paragraph (1) to the presence of dangerous substances shall not include the presence of dangerous substances in the following activities —
a
the transport of those substances and their intermediate temporary storage by road, rail, inland waterways, sea or air, including their loading and unloading and transport to and from another means of transport at docks, wharves and marshalling yards; or
b
the transport of those substances in a pipeline or pumping station.
3
These Regulations shall not apply to —
a
an establishment which is under the control of —
i
the Secretary of State for the purposes of the Ministry of Defence,
ii
a headquarters or organisation designated for the purposes of the International Headquarters and Defence Organisations Act 1964 or the service authorities of a visiting force within the meaning of any of the provisions of Part 1 of the Visiting Forces Act 1952 ;
b
substances which create a hazard from ionising radiation if present on a site for which a nuclear site licence has been granted or is required for the purposes of section 1 of the Nuclear Installations Act 1965 ;
c
the activities of the extractive industries concerned with exploration for, and the exploitation of, minerals in mines and quarries or by means of boreholes;
d
waste land-fill sites.
4
Where, by reason of any change in —
a
the classification of a substance (as referred to in note 1 of Part 3 of Schedule 1), or
b
knowledge of what dangerous substances may be generated during the loss of control of an industrial chemical process;
the area of land on which the substance is present becomes an establishment after the coming into force of these Regulations (in this paragraph referred to as a “new entrant establishment”), any requirement imposed by these Regulations on an operator which is to be performed by him before an establishment starts to operate shall apply to the operator of the new entrant establishment as if that requirement had to be performed within 12 months after the change in classification takes effect or the change in knowledge occurs.
5
These Regulations shall not apply in Northern Ireland.
PART 2
GENERAL
General duty
4
Every operator shall take all measures necessary to prevent major accidents and limit their consequences to persons and the environment.
Major accident prevention policy
5
1
Every operator shall prepare and keep a document setting out his policy with respect to the prevention of major accidents (in these Regulations referred to as a “major accident prevention policy document”).
2
The policy referred to in paragraph (1) shall be designed to guarantee a high level of protection for persons and the environment by appropriate means, structures and management systems.
3
The major accident prevention policy document shall —
a
take account of the principles specified in paragraphs 1 and 2 of Schedule 2; and
b
include sufficient particulars to demonstrate that the operator has established a safety management system which takes account of the principles specified in paragraphs 3 and 4 of that Schedule.
4
In the event of the modification of the establishment or installation, the process carried on there, or the nature or quantity of dangerous substances present there which could (in each case) have significant repercussions with respect to the prevention of major accidents, the operator shall review and where necessary revise the major accident prevention policy document.
5
The operator shall implement the policy set out in his major accident prevention policy document.
6
Subject to paragraph 1 of Part 1 of Schedule 4 and paragraph 1 of Part 2 of that Schedule, this regulation shall not apply to an establishment to which regulation 7 applies.
Notifications
6
1
Within a reasonable period of time prior to the start of construction of an establishment the operator of the establishment shall send to the competent authority a notification containing the information specified in Schedule 3.
2
Within a reasonable period of time prior to the start of the operation of an establishment, or in the case of an existing establishment by 3rd February 2000, the operator of the establishment shall send to the competent authority a notification containing the information specified in Schedule 3, except that this paragraph shall not require the notification to contain information already contained in a notification sent pursuant to paragraph (1) if that information is still valid.
3
Paragraph (2) shall not apply to an existing establishment in respect of which a report has been sent to the Executive in accordance with regulation 7 of the 1984 Regulations.
4
The operator shall notify the competent authority forthwith in the event of —
a
there being any significant increase in the quantity of dangerous substances notified —
i
under this regulation, or
ii
in the report referred to in paragraph (3);
b
there being any significant change in —
i
the nature or physical form of the dangerous substances so notified,
ii
the processes employing them, or
iii
any other information notified to the competent authority in respect of the establishment;
c
regulation 7 ceasing to apply to the establishment by virtue of a change in the quantity of dangerous substances present there; or
d
permanent closure of an installation in the establishment.
5
This regulation shall not require the notification of any information which has been included in a safety report.
PART 3
SAFETY REPORTS
Safety report
7
1
Within a reasonable period of time prior to the start of construction of an establishment, the operator of the establishment shall, subject to paragraph (12), send to the competent authority a report containing information which is sufficient for the purpose specified in paragraph 3(a) of Part 1 of Schedule 4 and comprising at least such of the information specified in Part 2 of that Schedule as is relevant for that purpose.
2
The report referred to in paragraph (1) may comprise more than one document sent to the competent authority at different times within the period referred to in that paragraph.
3
Nothing in paragraph (1) shall require the report to contain information which it would not be reasonable to expect the operator to have at the time of sending the report.
4
Without prejudice to the requirements of regulation 18 (prohibition of use), an operator shall ensure that the construction of an establishment is not started until he has received from the competent authority the conclusions of its examination of the report sent pursuant to paragraph (1).
5
Within a reasonable period of time prior to the start of the operation of an establishment, the operator of the establishment shall, subject to paragraph (12), send to the competent authority a report containing information which is sufficient for the purposes specified in Part 1 of Schedule 4 and comprising at least the information specified in Part 2 of that Schedule, except that this paragraph shall not require the report to contain information already contained in the report sent pursuant to paragraph (1) if that information is still valid.
6
Without prejudice to the requirements of regulation 18 (prohibition of use), an operator shall ensure that the operation of an establishment is not started until he has received from the competent authority the conclusions of its examination of the report sent pursuant to paragraph (5).
7
The operator of an existing establishment shall, subject to paragraph (12), send to the competent authority a report containing information which is sufficient for the purposes specified in Part 1 of Schedule 4 and comprising at least the information specified in Part 2 of that Schedule.
8
The report referred to in paragraph (7) shall, subject to paragraph (10), be sent —
a
in the case of an establishment in respect of which a CIMAH report has been sent to the Executive —
i
within such period after the coming into force of these Regulations that a report would have been required to have been sent to the Executive pursuant to regulation 8(2) of the 1984 Regulations if those Regulations had remained in force; or
ii
by 3 February 2001,
whichever is earlier, except that where the period referred to in head (i) above expires before the date specified in paragraph (9) the report may be sent at any time before that date;
b
in any other case by 3 February 2002.
9
The date referred to in paragraph (8)(a) is 3 February 2000 or such later date (no later than 3 February 2001) as may be agreed in writing by the competent authority in respect of the establishment concerned.
10
Where, in a case referred to in paragraph (8)(a), different CIMAH reports have been sent to the Executive relating to different industrial activities undertaken at the same establishment —
a
it shall be sufficient compliance with paragraph (7) if the report referred to in that paragraph is sent to the competent authority in parts, each part relating to an industrial activity to which a CIMAH report related and containing, in respect of that activity, the information referred to in that paragraph, and
b
where sub-paragraph (a) of this paragraph is relied on, paragraph (8)(a) shall have effect in relation to each part as if the reference in head (i) of that paragraph to a report were a reference to the report relating to the industrial activity concerned.
11
All or part of the information required to be included in a safety report may be so included in a safety report by reference to information contained in another report or notification sent to the competent authority, the Executive or the Agency pursuant to a requirement imposed by or under any enactment or contained in an application for a hazardous substances consent.
12
Where it is demonstrated by the operator of the establishment to the satisfaction of the competent authority that particular dangerous substances present at an establishment, or any part thereof, are in a state incapable of creating a major accident hazard, the competent authority may in writing and in accordance with criteria established by the European Commission pursuant to Article 9.6(b) of the Directive, limit the information required to be included in the safety report for the establishment to those matters which are relevant to the prevention of residual major accident hazards and the limitation of their consequences for persons and the environment.
13
An operator shall provide to the competent authority such further information as it may reasonably request in writing following its examination of the safety report, and the information shall be so provided within such period as the competent authority specifies in the request.
Review and revision of safety report
8
1
Where a safety report has been sent to the competent authority the operator shall, subject to paragraph (3), review it —
a
at least every 5 years;
b
whenever such a review is necessary because of new facts or to take account of new technical knowledge about safety matters; and
c
whenever the operator makes a change to the safety management system (referred to in paragraph 1 of Part 1 of Schedule 4) which could have significant repercussions with respect to the prevention of major accidents or the limitation of consequences of major accidents to persons and the environment;
and where in consequence of that review it is necessary to revise the report, the operator shall do so forthwith and inform the competent authority of the details of such revision.
2
Where a safety report has been reviewed pursuant to paragraph (1)(a) but not revised, the operator shall inform the competent authority of that fact.
3
Where, pursuant to regulation 7(10), a report has been sent to the competent authority in parts, each part shall be reviewed pursuant to paragraph (1)(a) within 5 years from the time that part was sent and at least every 5 years after that review; and every review of the last part sent shall include consideration of whether the parts together contain, in relation to the establishment, all the information referred to in regulation 7(7).
4
Where an operator proposes to modify the establishment or installation in it, the process carried on there or the nature or quantity of dangerous substances present there and that modification could have significant repercussions with respect to the prevention of major accidents or the limitation of consequences of major accidents to persons and the environment, he shall in advance of such modification —
a
review, and where necessary revise, the safety report prepared in respect of the establishment, installation, process or dangerous substances as the case may be; and
b
inform the competent authority of the details of such revision.
PART 4
EMERGENCY PLANS
On-site emergency plan
9
1
Every operator of an establishment shall prepare an emergency plan (in these Regulations referred to as an “on-site emergency plan”) which shall be adequate for securing the objectives specified in Part 1 of Schedule 5 and shall contain the information specified in Part 2 of that Schedule.
2
The on-site emergency plan shall be prepared —
a
in the case of an existing establishment where the industrial activity carried on there was, immediately before the coming into force of these Regulations, subject to the requirements of regulation 10 of the 1984 Regulations, by 3 February 2001;
b
in the case of any other existing establishment, by 3 February 2002;
c
in any other case, before the establishment starts to operate.
3
The operator shall consult —
a
persons employed in the establishment;
b
the Agency;
c
the emergency services; and
d
the health authority for the area where the establishment is situated;
on the preparation of the on-site emergency plan.
4
The operator shall consult the local authority in whose area the establishment is situated on the preparation of an on-site emergency plan, except this shall not apply where the local authority has been exempted from the requirement to prepare an off-site emergency plan in respect of the establishment pursuant to regulation 10(7).
Off-site emergency plan
10
1
The local authority, in whose area there is an establishment, shall prepare an emergency plan (in these Regulations referred to as an “off-site emergency plan”) in respect of that establishment, and such a plan shall be adequate for securing the objectives specified in Part 1 of Schedule 5 and shall contain the information specified in Part 3 of that Schedule.
2
The off-site emergency plan shall be prepared no later than 6 months (or such longer period, not exceeding 9 months, as the competent authority may agree in writing) after —
a
the receipt by the local authority of a notice from the competent authority informing the local authority of the need to prepare an off-site emergency plan in respect of the establishment;
b
the time an on-site emergency plan is required to be prepared for the establishment pursuant to regulation 9; or
c
the receipt by the local authority of the information referred to in paragraphs (3) and (5);
whichever is later.
3
An operator shall supply to the local authority in whose area the establishment is situated the information necessary for the purpose of enabling the authority to prepare the off-site emergency plan.
4
The information referred to in paragraph (3) shall be supplied no later than the time an on-site emergency plan is required to be prepared for the establishment pursuant to regulation 9.
5
The operator shall supply to the local authority any additional information it may reasonably request in writing to enable the off-site emergency plan to be prepared, and the information shall be so provided within such period as the local authority specifies in the request.
6
The local authority shall consult the operator, the competent authority, the emergency services, each health authority for the area in the vicinity of the establishment and such members of the public as it considers appropriate on the preparation of the off-site emergency plan.
7
The competent authority may in view of the information contained in a safety report exempt a local authority from the requirement to prepare an off-site emergency plan in respect of an establishment, and any such exemption shall be in writing and state the reasons for granting it.
8
Where an exemption has been given under paragraph (7), the local authority shall, for the purposes of these Regulations and while the exemption is in force, have no function in relation to the preparation, review, testing and putting into effect of an off-site emergency plan for the establishment concerned.
Review and testing of emergency plans
11
1
A person who has prepared an emergency plan pursuant to a duty imposed on him by these Regulations shall at suitable intervals not exceeding three years —
a
review and where necessary revise the plan; and
b
test the plan and take reasonable steps to arrange for the emergency services to participate in the test to such extent as is necessary,
and any such review shall take into account changes occurring in the establishment to which the plan relates and within the emergency services concerned, new technical knowledge, and knowledge concerning the response to major accidents.
2
The local authority shall endeavour to reach agreement with the operator and the emergency services as to how the off-site emergency plan is to be tested.
Implementing emergency plans
12
A person who has prepared an emergency plan pursuant to a duty imposed on him by these Regulations shall take reasonable steps to put it into effect without delay when —
a
a major accident occurs; or
b
an uncontrolled event occurs which could reasonably be expected to lead to a major accident.
Charge for preparation, review and testing of off-site emergency plan
13
1
A local authority may charge the operator a fee for performing its functions under regulations 10 and 11.
2
The fee shall not exceed the sum of the costs reasonably incurred by the local authority in performing the functions referred to in paragraph (1) in relation to the establishment concerned, including (but without prejudice to the generality of the foregoing provision of this paragraph) any costs reasonably incurred by the local authority in arranging for the emergency services to participate in the testing of the off-site emergency plan.
3
When requiring payment the local authority shall send or give to the operator a detailed statement of the work done and costs incurred including the dates of any visits to the establishment and the period to which the statement relates; and the fee, which shall be recoverable only as a civil debt, shall become payable one month after the statement has been sent or given.
PART 5
PROVISION OF INFORMATION BY OPERATOR
Provision of information to the public
14
1
The operator of an establishment shall —
a
ensure that persons who are likely to be in an area referred to in paragraph (2) are supplied, without their having to request it, with information on safety measures at the establishment and on the requisite behaviour in the event of a major accident at the establishment;
b
make that information available to the public.
2
An area referred to in paragraph (1) is an area notified to the operator by the competent authority as being an area in which, in the opinion of the competent authority, persons are liable to be affected by a major accident occurring at the establishment.
3
The information referred to in paragraph (1) shall contain at least the information specified in Schedule 6.
4
In preparing the information required to be supplied in accordance with paragraph (1), the operator shall consult the local authority in whose area the establishment is situated and such other persons who appear to him to be appropriate, but the operator shall remain responsible for the accuracy, completeness and form of the information so supplied.
5
Without prejudice to his duty under paragraph (1), the operator shall endeavour to enter into an agreement with the local authority in whose area the establishment is situated for that local authority to disseminate the information required to be supplied in accordance with that paragraph to the persons mentioned in it.
6
The operator shall review and where necessary revise the information referred to in paragraph (1) —
a
at intervals not exceeding 3 years; or
b
in the event of a modification referred to in regulations 5(4) or 8(4).
7
The operator shall ensure that the information referred to in paragraph (1) is supplied in accordance with that paragraph within a reasonable period of time after the off-site emergency plan has been prepared for the establishment and that the information is so supplied again —
a
at intervals not exceeding 5 years; or
b
if it is revised pursuant to paragraph (6).
Provision of information to competent authority
15
1
Every operator of an establishment shall, when requested to do so by the competent authority provide sufficient information to the authority to demonstrate that he has taken all measures necessary to comply with these Regulations, and the information shall be so provided within such period as the competent authority specifies in the request.
2
Without prejudice to the generality of paragraph (1), the operator shall when requested to do so by the competent authority, provide the authority with any information necessary to enable the authority —
a
fully to assess the possibility of a major accident and to determine the scope of possible increased probability or aggravation of a major accident;
b
to take substances into account which, due to their physical form, particular conditions or location, may require additional consideration; or
c
to perform its functions of obtaining or collecting information under regulation 19(4);
and the information shall be so provided within such period as the competent authority specifies in the request.
3
Where a major accident has occurred at an establishment the operator shall forthwith inform the competent authority of that accident.
4
Where the operator has notified a major accident to the Executive in accordance with the requirements of the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 , he shall be deemed to have complied with the requirement to inform the competent authority of that accident under paragraph (3).
5
Anything required to be sent by an operator of an establishment to the competent authority pursuant to these Regulations shall be sent to the authority at an office of the Executive.
Provision of information to other establishments
16
1
The competent authority shall, using the information received from operators in notifications sent pursuant to regulation 6 and in safety reports, designate groups of establishments where the likelihood or consequences of a major accident may be increased because of the location and proximity of establishments in the group and the dangerous substances present there.
2
The competent authority shall notify each operator of an establishment in a group designated pursuant to paragraph (1) of the names and addresses of other establishments within the same group.
3
The operator of any establishment in a group designated pursuant to paragraph (1) shall —
a
pass appropriate information about the establishment to other establishments in the group to enable them to take account of the nature and extent of the overall hazard of a major accident in their major accident prevention policy documents, safety reports and on-site emergency plans; and
b
co-operate with those other establishments to enable them to carry out any obligations they have under regulations 10(3), (5), and 14(1).
PART 6
FUNCTIONS OF COMPETENT AUTHORITY
Functions of competent authority in relation to the safety report
17
1
The competent authority shall within a reasonable period of time of receiving a safety report —
a
communicate the conclusions of its examination of the report to the operator of the establishment concerned; or
b
prohibit the operation or bringing into operation of the establishment or installation concerned or any part thereof in accordance with regulation 18.
2
Where, pursuant to regulation 7(10), a report has been sent to the competent authority in parts, paragraph 17(1)(a) shall apply —
a
to each part of the report, as if the reference to communicating the conclusions of the examination were a reference to communicating provisional conclusions;
b
to all parts of the report, as if the reference to communicating the conclusions of the examination within a reasonable period of time of receiving a safety report were a reference to communicating, within a reasonable period of time of receiving the last part, the examination of the parts as a whole having regard, in particular, to the inter-relationship between different industrial activities in the establishment.
Prohibition of use
18
1
The competent authority shall prohibit the operation or bringing into operation of any establishment or installation or any part thereof where the measures taken by the operator for the prevention and mitigation of major accidents are seriously deficient.
2
The competent authority may prohibit the operation or bringing into operation of any establishment or installation or any part thereof if the operator has failed to submit any notification, safety report or other information required by or under these Regulations within the time so required.
3
Where the competent authority proposes to prohibit an operation or the bringing into operation of an establishment or installation or any part thereof pursuant to this regulation, it shall serve on the operator a notice giving reasons for the prohibition and specifying the date when it is to take effect, and any such notice may be withdrawn in writing by the competent authority.
4
A notice served pursuant to paragraph (3) may specify measures which, if taken, would cause the competent authority to withdraw the notice.
5
Where a notice has been served on an operator in accordance with paragraph (3) the operator shall comply with it (including any such notice as modified on appeal).
6
Section 24 of the 1974 Act (appeal against improvement or prohibition notice) and, in England and Wales, regulation 8(4)(b) of, and Schedule 4 to, the Employment Tribunals (Constitution and Rules of Procedure) Regulations 1993 and, in Scotland, regulation 8(4)(b) of, and Schedule 4 to the Employment Tribunals (Constitution and Rules of Procedure) (Scotland) Regulations 1993 shall apply in relation to a notice served under this regulation as they apply in relation to a prohibition notice served under section 22 of that Act.
Inspections and investigations
19
1
The competent authority shall organise an adequate system of inspections of establishments or other measures of control appropriate to the type of establishment concerned.
2
The inspections or control measures referred to in paragraph (1) shall not be dependent upon the receipt of any report submitted by the operator and they shall be sufficient for a planned and systematic examination of the systems being employed at the establishment, whether of a technical, organisational or managerial nature, so as to ensure in particular —
a
that the operator can demonstrate that he has taken appropriate measures to prevent major accidents;
b
that the operator can demonstrate that he has provided appropriate means for limiting the consequences of major accidents both inside and outside the establishment;
c
that the information contained in any report sent to the competent authority by the operator of the establishment adequately reflects the conditions in the establishment; and
d
that information has been supplied to the public pursuant to regulation 14.
3
A system of inspection referred to in paragraph (1) shall meet the following conditions —
a
there shall be a programme of inspections for all establishments;
b
unless such a programme is based upon a systematic appraisal of major accident hazards of the particular establishment concerned, the programme shall, in the case of establishments to which regulations 7 to 14 apply, entail at least one on-site inspection made on behalf of the competent authority every 12 months;
c
following each inspection, a report shall be prepared by the competent authority; and
d
where necessary, matters shall be pursued with the operator within a reasonable period following the inspection.
4
Where the competent authority or the Executive has been informed of a major accident at an establishment the competent authority shall —
a
obtain from the operator of the establishment —
i
information as respects the circumstances of the accident, the dangerous substances involved, the data available for assessing the effects of the accident on persons and the environment, the emergency measures taken and the steps envisaged to alleviate the medium and long-term effects of the accident and to prevent any recurrence of it, and
ii
such other information in the operator’s possession as will enable the competent authority to notify the European Commission pursuant to regulation 21(1);
b
ensure that any urgent, medium and long-term measures which may prove necessary are taken;
c
make a full analysis of the technical, organisational and managerial aspects of the major accident and collect, by inspection, investigation or other appropriate means, the information necessary for that purpose;
d
take appropriate action to ensure that the operator takes any necessary remedial measures; and
e
make recommendations on future preventive measures.
Enforcement
20
1
Sections —
a
16 to 21 (approval of codes of practice and enforcement);
b
23 (provisions supplementary to sections 21 and 22) and 24 (appeal against improvement or prohibition notice), so far as they relate to an improvement notice;
c
26 (power to indemnify inspectors); and
d
33 to 42 (provisions as to offences),
of the 1974 Act, shall, subject to paragraphs (2) and (3), and to the extent they would not otherwise do so, apply to these Regulations as if they were health and safety regulations for the purposes of that Act, and any function of the Health and Safety Commission under any other provision of the 1974 Act which is exercisable in relation to any function of the Executive under or in respect of health and safety regulations (including their enforcement) shall be exercisable as if these Regulations were, to the extent they would not otherwise be so, health and safety regulations for the purposes of that Act.
2
A failure to discharge a duty placed on the competent authority by these Regulations shall not be an offence, and section 33(1)(c) of the 1974 Act shall have effect accordingly.
3
Section 18(1) of the 1974 Act (duty to make adequate arrangements for enforcement) shall apply in relation to the enforcement of these Regulations as if the reference to the Executive included a reference to the Agency, but nothing in this paragraph shall have the effect of making the Agency an enforcing authority for the purposes of the 1974 Act.
4
Without prejudice to the provisions of the 1974 Act referred to in paragraph (1), section 108(1) of the Environment Act 1995 shall have effect in relation to a person authorised by the Agency as if the reference in that section to a pollution control enactment included a reference to these Regulations and as if the reference to a pollution control function included a reference to any function conferred or imposed on the Agency by or under these Regulations.
5
Without prejudice to the functions of an inspector appointed under section 19 of the 1974 Act, a person referred to in paragraph (4) may, notwithstanding that he is not an inspector so appointed, serve an improvement notice under section 21 of that Act in respect of a contravention of these Regulations, and the reference to an inspector in section 23(4) of that Act shall have effect accordingly.
6
Notwithstanding the Health and Safety (Enforcing Authority) Regulations 1998 the Executive shall, for the purposes of the 1974 Act, be the enforcing authority for the relevant statutory provisions at an establishment to which any of these Regulations apply.
Provision of information by competent authority
21
1
The competent authority shall notify the European Commission as soon as practicable of any major accident meeting the criteria specified in Part 1 of Schedule 7.
2
The notification referred to in paragraph (1) shall contain the information specified in Part 2 of Schedule 7.
3
The competent authority shall notify the European Commission of any analysis and recommendations made pursuant to regulation 19(4)(c) and (e).
4
Schedule 8 (provision of information by competent authority) shall have effect.
5
This regulation shall apply notwithstanding the provisions of section 28 of the 1974 Act.
Fee payable by operator
22
1
A fee shall be payable by the operator of an establishment to the Executive for the performance by or on behalf of the competent authority of any function conferred on the authority by these Regulations (except regulations 10(2), (6) and (7)).
2
A fee shall be payable by the operator of an establishment to the Executive for the performance —
a
by or on behalf of the Executive or the Agency of any function relating to the enforcement of these Regulations conferred on the Executive or Agency by the 1974 Act or by virtue of regulation 20; and
b
by an inspector or authorised person of any such function conferred on him by the Act or by virtue of that regulation.
3
The fee referred to in paragraphs (1) and (2) shall —
a
not exceed the sum of the costs reasonably incurred by the competent authority, the Executive or the Agency, as the case may be, for the performance of the functions in relation to the establishment concerned;
b
be payable within 30 days from the date of the invoice that the Executive has sent or given to the operator such invoice to include a statement of the work done and the cost incurred including the period to which the statement relates.
4
The Executive shall pay to the Agency any such fee or part of any such fee it recovers as is attributable to work done by or on behalf of the Agency or by an authorised person in performing the functions concerned.
5
Any fee payable under this regulation shall be recoverable only as a civil debt.
6
Any fee payable under this regulation shall not include costs connected with —
a
in England and Wales, any criminal investigation or prosecution incurred (in either case) from the date any summons is obtained from a Magistrate’s Court;
b
in Scotland, any investigation carried out with a view to it being ascertained whether the operator should be prosecuted for an offence of contravening these Regulations, or where such a prosecution has been commenced against the operator, any costs connected with that prosecution; and
c
any appeal pursuant to section 24 of the 1974 Act incurred from the date that a notice of appeal has been received by the Secretary of Tribunals pursuant to, in England and Wales, the Employment Tribunals (Constitution and Rules of Procedure) Regulations 1993 and, in Scotland, the Employment Tribunals (Constitution and Rules of Procedure) (Scotland) Regulations 1993 .
7
In this regulation “inspector” means a person appointed by the Executive under section 19 of the 1974 Act and “authorised person” means a person authorised by the Agency under section 108 of the Environment Act 1995.
PART 7
AMENDMENTS, REVOCATIONS, SAVINGS AND TRANSITIONAL PROVISIONS
Amendments
23
1
The Petroleum (Consolidation) Act 1928 shall be amended by the insertion, after section 25, of the following section —
25A
The provisions of this Act shall not apply in respect of —
a
any establishment to which the Control of Major Accident Hazards Regulations 1999 [ S.I. 1999/743 ] apply by virtue of regulation 3 of those Regulations; and
b
any site in respect of which notification of an activity is required pursuant to regulation 3 of the Notification of Installations Handling Hazardous Substances Regulations 1982 [S.I. 1982/1357 ]..
2
The Petroleum-Spirit (Motor Vehicles etc ) Regulations 1929 shall be amended by the insertion, after regulation 15, of the following regulation —
Disapplication
15A
The provisions of these Regulations shall not apply in respect of —
a
any establishment to which the Control of Major Accident Hazards Regulations 1999 [S.I. 1999/743 ] apply by virtue of regulation 3 of those Regulations; and
b
any site in respect of which notification of an activity is required pursuant to regulation 3 of the Notification of Installations Handling Hazardous Substances Regulations 1982 [S.I. 1982/1357 ]..
3
The Petroleum-Spirit (Plastic Containers) Regulations 1982 shall be amended by the insertion, after regulation 7, of the following regulation —
Disapplication
8
The provisions of these Regulations shall not apply in respect of —
a
any establishment to which the Control of Major Accident Hazards Regulations 1999 [S.I. 1999/743 ] apply by virtue of regulation 3 of those Regulations; and
b
any site in respect of which notification of an activity is required pursuant to regulation 3 of the Notification of Installations Handling Hazardous Substances Regulations 1982 [S.I. 1982/1357 ]..
Revocation and savings
24
1
The 1984 Regulations, the Control of Industrial Major Accident Hazards (Amendment) Regulations 1988 , the Control of Industrial Major Accident Hazards (Amendment) Regulations 1990 , and the Control of Industrial Major Accident Hazards (Amendment) Regulations 1994 , are hereby revoked.
2
Regulations 8(1) and (3), 9, 13 and 14 of the 1984 Regulations shall apply to a CIMAH report while the industrial activity to which it relates continues and until the time referred to in paragraph (4), as if those Regulations had not been revoked.
3
Where a CIMAH report relates to more than one industrial activity, the references in paragraph (2) to the CIMAH report are references to each part which relates to an industrial activity.
4
The time referred to in paragraph (2) is when a safety report has been sent to the competent authority relating to the industrial activity concerned.
5
An on-site emergency plan prepared pursuant to regulation 10 of the 1984 Regulations and an off-site emergency plan prepared pursuant to regulation 11 of those Regulations shall, while the industrial activity to which it relates continues and until the time referred to in paragaph (6), be kept up to date in accordance with the 1984 Regulations as if they had not been revoked; and during that period regulations 13 to 15 of the 1984 Regulations shall apply in relation to that emergency plan as if those regulations had not been revoked.
6
The time referred to in paragraph (5) is when an on-site emergency plan or off-site emergency plan, as the case may be, has been prepared pursuant to regulations 9 or 10 of these Regulations relating to the establishment at which the industrial activity is carried on.
7
Information supplied in accordance with regulation 12 of the 1984 Regulations, shall, while the industrial activity to which it relates continues and until the time referred to in paragraph (8), be updated, supplied again and made available in accordance with that regulation as if it had not been revoked.
8
The time referred to in paragraph (7) is when information relating to the establishment at which the industrial activity is carried on has been supplied in accordance with regulation 14(1) of these Regulations.
9
Paragraphs (2) to (8) shall only apply in relation to an industrial activity at an establishment to which regulations 7 to 14 apply.
Transitional provision
25
Where a report or off-site emergency plan referred to in regulation 24 is required to be kept up to date by virtue of that regulation, the references in paragraph 3 of Schedule 6 to the notification referred to in regulation 6 and to the safety report shall be construed as a reference to a report referred to in regulation 24, and the reference in paragraph 10 of that Schedule to the off-site emergency plan shall be construed as a reference to the off-site emergency plan so referred to.
Signed by authority of the Secretary of State
Alan Meale
Parliamentary Under-Secretary of State,Department of the Environment,Transport and the Regions
10th March 1999
Calum MacDonald
Parliamentary Under-Secretary of State, Scottish Office
11th March 1999


type: legislation

jurisdiction: UK

text:
1
1
This Order may be cited as the Fixed Penalty Offences Order 1999 and shall come into force on 1st August 1999.
2
Article 3 of this Order shall not extend to Scotland.
3
In this Order, “the 1988 Act ” means the Road Traffic Offenders Act 1988.
2
1
The offences specified in paragraph (2) below shall be fixed penalty offences for the purposes of Part III of the 1988 Act.
2
The offences referred to in paragraph (1) above are–
a
overtaking a moving or stationary vehicle on a zebra, pelican or puffin crossing contrary to regulation 24 of the Zebra, Pelican and Puffin Pedestrian Crossings Regulations and General Directions 1997 ;
b
failure to fix a registration mark to a vehicle in accordance with the requirements of regulation 17 of the Road Vehicles (Registration and Licensing) Regulations 1971 (size, shape and character of registration mark) ; and
c
driving on the footway contrary to section 72 of the Highways Act 1835 or section 129(5) of the Roads (Scotland) Act 1984 .
3
In consequence of the provisions of paragraphs (1) and (2) above, the entries in Schedule 3 to the 1988 Act shall be modified as follows–
a
in the entry relating to section 25(5) of the Road Traffic Regulation Act 1984 for the words from “other” to “1987” there shall be substituted the words “other than a contravention of regulations 23, 24, 25 and 26 of the Zebra, Pelican and Puffin Pedestrian Crossings Regulations and General Directions 1997”;
b
after the entry relating to section 43 of the Vehicle Excise and Registration Act 1994 there shall be inserted the words “Section 59 of that Act” in column (1) and “Failure to fix prescribed registration mark to a vehicle in accordance with regulations made under section 23(4)(a) of that Act” in column (2); and
c
after the entry relating to section 2(1) of the Parks Regulation (Amendment) Act 1926 there shall be inserted the following–
Offences under the Highways Act 1835 and the Roads (Scotland) Act 1984
Section 72 of the Highways Act 1835 Driving on the footway Section 129(5) of the Roads (Scotland) Act 1984 Driving on the footway
.
3
1
The offences specified in paragraph (2) below shall be fixed penalty offences for the purposes of Part III of the 1988 Act.
2
The offences referred to in paragraph (1) above are–
a
carrying more than one person on a pedal cycle contrary to section 24 of the Road Traffic Act 1988 ; and
b
cycling on the footway contrary to section 72 of the Highways Act 1835.
3
In consequence of the provisions of paragraphs (1) and (2) above, the entries in Schedule 3 to the 1988 Act shall be modified as follows–
a
after the entry relating to section 23 of the Road Traffic Act 1988 there shall be inserted the words “ RTA section 24” in column (1) and “Carrying more than one person on a pedal cycle” in column (2); and
b
after the entry relating to section 72 of the Highways Act 1835 there shall be inserted, in column (2), the words “Cycling on the footway”.
Paul Boateng
Minister of State
Home Office
25th June 1999


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Foundation Body Regulations 1999 and shall come into force on 22nd June 1999.
2
In these Regulations–
“the 1998 Act ” means the School Standards and Framework Act 1998;
“community member” means a member of the foundation body nominated by the governing bodies of schools and appointed by the governor members of the foundation body under regulation 4(b) or 7(4);
“governor member” means a member of the foundation body appointed by the governing body of a school under regulation 7(1) or (3) or regulation 21(5);
“group” means the group of three or more schools for which a foundation body performs the following functions, namely–
to hold property of those schools for the purposes of those schools, and
to appoint foundation governors for those schools;
“implementation date” means the date, on which a group is to be formed, specified in writing by the Secretary of State under regulation 5(1); and
“initial governor member” shall be construed in accordance with regulation 3(4).
3
Where any land is transferred to and vests in a foundation body in accordance with these Regulations, any rights or liabilities–
a
enjoyed or incurred by the transferor in connection with the land; and
b
subsisting immediately before the transfer of the land,
shall also be transferred to, and by virtue of these Regulations vest in, the foundation body.
4
Expressions used in these Regulations set out in the first column of the following table shall have the meanings attributed to them by the provisions set out opposite thereto in the second column.
TABLE
financial year section 579(1) of the Education Act 1996 foundation section 21(3) of the 1998 Act foundation body section 21(4) of the 1998 Act foundation governor paragraph 2 of Schedule 9 to the 1998 Act.
5
References to the Secretary of State in any provision of these Regulations conferring functions on the Secretary of State shall be read, in relation to Wales, in respect of any time on or after 1st July 1999, as references to the National Assembly for Wales .
6
References to a category in any provision of these Regulations is a reference to one of the categories set out in section 20(1) of the 1998 Act.
7
Unless the context otherwise requires, a reference in these Regulations to a numbered regulation is a reference to the regulation so numbered in these Regulations.
Foundation bodies and groups
2
1
Subject to paragraph (2) below–
a
a school may only form part of a group; and
b
the governing body of a school may only apply to the Secretary of State for the establishment of a foundation body,
if that school is a foundation or voluntary school or if it is a grant-maintained or community school which the governing body propose should become a foundation or voluntary school.
2
A school which has a foundation, other than a foundation body, may not form part of a group and its governing body may not propose the establishment of a foundation body.
3
A foundation body may be established under section 21 of the 1998 Act before 1st September 1999 in relation to three or more grant-maintained schools which do not have foundations for the purpose of carrying out the functions set out in regulation 4.
Establishment of foundation bodies
3
1
A foundation body may only be established under section 21 of the 1998 Act in accordance with the following provisions of this regulation.
2
The governing bodies of the three or more schools which wish a particular foundation body to be established and which propose to form the group for which the foundation body will act shall together apply to the Secretary of State for the establishment of that foundation body.
3
The application shall contain–
a
a statement that the application has been agreed by the governing body of each school;
b
a draft instrument of government for the foundation body based on the model set out in Schedule 1 to these Regulations;
c
a statement containing–
i
the names of the initial governor members of the foundation body to be appointed in accordance with regulation 7(1),
ii
the proposed implementation date,
iii
the category in which it is proposed that each school will enter the group or a statement that a particular school will enter in its existing category, and
iv
an undertaking that the foundation body will appoint foundation governors to schools in the group in accordance with the instruments of government of the schools in question.
4
If the Secretary of State approves the application, a foundation body shall be established as a body corporate under section 21 of the 1998 Act on a date specified by him in writing. On the date of establishment, the initial governor members specified in the application, subject to any changes agreed by the Secretary of State with the governing body or bodies in question, shall be the initial governor members of the foundation body.
4
After establishment of the foundation body and before the implementation date, the initial governor members shall–
a
adopt the instrument of government in the form approved by the Secretary of State;
b
appoint community members from those nominated in accordance with regulation 7(2); and
c
select persons to be appointed as foundation governors to schools in the group,
and the foundation body may only exercise its powers before that date for or in connection with those purposes.
5
1
If the Secretary of State is satisfied that the membership of the foundation body has been properly constituted, that the instrument of government has been adopted and that the schools have or will on entering the group become schools of the category specified in the application then he shall by notice in writing provide that–
a
the foundation body shall perform the functions conferred on it by these Regulations for the schools in the group as from a date specified by him;
b
the schools specified in the application shall on that date form the group for which the foundation body is to act; and
c
any land, other than land held on trust, which immediately before that date is held by the governing body for the purposes of the school shall on that date be transferred to, and by virtue of these Regulations vest in, the foundation body for the purposes of the schools comprising the group for which that body acts.
2
If the Secretary of State is not so satisfied within what is, in his opinion, a reasonable time in all the circumstances he may dissolve the foundation body by notice in writing.
3
The Secretary of State’s notice under paragraph (1) above shall constitute the Secretary of State’s written consent to the disposal of land referred to in sub-paragraph (c) of that paragraph as required by paragraph 1(2) of Schedule 22 to the 1998 Act.
6
The governing body of a school in or to be in the group shall notify the local education authority that the instrument of government for the school should identify the foundation body as the appointing body for the purpose of appointing foundation governors.
Membership of foundation bodies
7
1
The governing body of each school which proposes the establishment of the foundation body shall appoint a member of the governing body to be a governor member of that foundation body.
2
The governing bodies of the schools which propose the establishment of the foundation body shall nominate persons to be community members.
3
If a governor member ceases to hold office then–
a
the clerk shall notify all the governing bodies of schools in the group; and
b
the governing body who appointed that governor member shall appoint a new governor member at their next full meeting.
4
If a community member ceases to hold office or there is a need to appoint a new community member because a school has joined the group, the clerk shall notify the governing bodies of all schools in the group. The governor members of the foundation body shall appoint a replacement or a new community member on the basis of nominations made by the governing bodies of schools in the group.
8
1
The quorum for a decision of the governing body of a school under regulation 7 shall be two-thirds (rounded up to a whole number) of the governors in post who are entitled to vote.
2
The term of office of a member of a foundation body shall be four years but a member may be re-appointed.
3
A person may not vote for his own appointment or re-appointment as a member of a foundation body.
4
Vacancies must be filled by the next meeting of the foundation body or the meeting after if the vacancy arises less than three months before the next meeting.
5
If a vacancy of a member is not filled then the Secretary of State may dissolve the foundation body.
Eligibility and disqualification
9
1
A foundation governor who has been appointed to a school in the group by a foundation body may not be a governor member of that foundation body and may not vote on appointments to the foundation body.
2
A community member must–
a
have interests in business or the local community or both;
b
not be a parent of a registered pupil, a member of the governing body, teaching or non-teaching staff or a registered pupil, at any school in the group;
c
not be an elected member of a local education authority which maintains any school in the group or a person employed by such an authority in their capacity as a local education authority; and
d
have attained the age of 18 years at the date of his appointment.
3
A governor member of the foundation body shall cease to hold office on ceasing to be a member of the governing body of the school which appointed him.
4
A member of the foundation body may not be an employee of that body.
Disqualification for holding office
10
Schedule 2 to these Regulations shall have effect in relation to the disqualification of a person for holding, or for continuing to hold, office as a member of a foundation body.
Removal from office
11
1
A member may be removed from office by the members of the foundation body if he fails to attend two consecutive meetings.
2
A governor member may be removed from office by the governing body which appointed him.
3
A member may not vote in connection with a proposal that he be removed from office.
12
A member may resign at any time by notice in writing to the Clerk.
Restrictions
13
A member of a foundation body shall receive no payment, other than reasonable and necessary out-of-pocket expenses, and may take no direct or indirect benefit from any contracts entered into by the foundation body or have any interest in any land held by the foundation body.
Clerk
14
1
The foundation body shall appoint a person to be the clerk to the foundation body.
2
A member of a foundation body may not act as clerk except that, where the clerk fails to attend a meeting, the foundation body may appoint a member to be the clerk for the purposes of that meeting (but without prejudice to his position as a member).
Conduct and meetings
15
The foundation body shall–
a
elect a member as chairman who shall be elected (or re-elected) at the first ordinary meeting of each year;
b
define a quorum which cannot be less than half (rounded up to the nearest whole number) the total number of members of the foundation body when complete; and
c
keep minutes of the proceedings of meetings and make them available to the governing bodies of schools in the group on request.
Annual Report and records
16
1
The foundation body shall publish an annual report of its activities for the information of the governing bodies of the schools in the group setting out–
a
the names of each member, including any changes since the last annual report and identifying the Chairman;
b
a summary of the decisions and actions of the foundation body since the last annual report unless minutes of the foundation body’s meetings are issued separately;
c
a statement of any income and expenditure showing the balance as at the end of each financial year falling within the period of the report; and
d
a statement of any significant disposals, purchases or gifts and of any outstanding liabilities at the end of each financial year falling within the period of the report.
2
The first report shall be issued within two years of the implementation date and may deal with a period longer than a year.
3
Following the first report, annual reports must be issued no later than the next meeting after the end of the year being reported on.
Accounts
17
1
The foundation body shall maintain accounts and ensure that they are audited by independent external auditors. The foundation body shall publish in each financial year a copy of the accounts for the previous financial year as audited together with a statement that they have been audited.
2
The foundation body shall comply within 2 months with a written request from any person that he be supplied with a copy of the body’s most recent accounts.
Information and records
18
1
The foundation body shall provide the Secretary of State with such information as he requests from time to time.
2
The foundation body shall keep all records for at least 6 years.
Functions of foundation bodies
19
Foundation bodies shall have the following functions–
a
to hold land and other property of schools in the group for the purposes of those schools;
b
to appoint foundation governors to every school in the group; and
c
to promote co-operation between schools in the group.
Additional powers
20
1
Foundation bodies may in connection with their functions–
a
borrow such sums as the foundation body thinks fit and in connection with such borrowing, grant any mortgage, charge or other security over any land or other property of the foundation body;
b
accept gifts of money, land or other property, and apply it or hold it on trust for the purposes of the schools in the group;
c
engage in fund raising so far as is compatible with their charitable status;
d
acquire and dispose of any land or property;
e
enter into contracts including contracts of employment;
f
make standing orders for the management of the foundation body and any committees and for the conduct of their business;
g
appoint committees;
h
delegate the exercise of any powers to individual members or to committees, except those relating to the appointment of foundation governors, the granting of any security or the disposal of any land; and
i
employ such staff (who cannot be members) as are necessary and to make all necessary provisions for those staff.
2
The power to borrow sums and grant security or to dispose of any land mentioned above may only be exercised with the written consent of the Secretary of State.
Joining a group after the initial establishment of the foundation body
21
1
A school may only join a group with the agreement of the governing bodies of all the schools already in the group.
2
An application to the Secretary of State must be made jointly in writing by the governing body of the school seeking to join the group and the foundation body and must indicate that the governing bodies of all the schools in the group agree to the school joining the group. The Secretary of State shall, if he considers it appropriate, declare in writing that the school forms part of the group as from such date and on satisfaction of such conditions as he specifies.
3
The foundation body shall seek approval from the Secretary of State to the modification of the instrument of government.
4
On the date specified in paragraph (2) above, in the case of a school which joins the group and does not change category in accordance with Schedule 8 to the 1998 Act, any land, other than land held on trust, which immediately before that date is held by the governing body for the purposes of the school shall on that date be transferred to, and by virtue of these Regulations vest in, the foundation body for the purposes of the schools comprising the group for which that body acts.
5
On that date the governing body of the school joining the group shall appoint a member of their governing body to be a governor member of the foundation body.
6
The governing body of the school shall apply to the local education authority for that authority to revise or replace the instrument of government for the school so as to name the foundation body as the appointing body for the purpose of appointing foundation governors and the local education authority shall do so in order that the appointment of foundation governors can take effect from the date that the school joins the group.
Resolution of disputes
22
Where there is a dispute between the governing bodies of schools in the group or between the governing body of one or more schools in the group and the foundation body then one of the parties to that dispute can apply in writing to the Secretary of State for him to determine the matter.
Use of land
23
The transfer of land to a foundation body under these Regulations shall not affect the rights of the governing body in relation to that land under Schedule 13 to the 1998 Act.
Andrew Smith
Minister of State,
Department for Education and Employment
27th May 1999
Jon Owen Jones
Parliamentary Under Secretary of State, Welsh Office
28th May 1999


text:
1
These Regulations may be cited as the Education (Education Standards Etc. Grants) (England) Regulations 1999 (Amendment No. 2) Regulations 1999 and shall come into force on 24th December 1999.
2
The Education (Education Standards Etc. Grants) (England) Regulation 1999 shall be amended as follows.
3
In regulation 2(1) the following definitions shall be inserted at the appropriate places in alphabetical order —
“city learning centre” means a centre established by a partnership of education authorities and schools in an area which is included in Excellence in Cities to develop, support and provide teaching and learning through information and communication technology;
“DomEx project” means the project developed by a partnership of education authorities and other bodies which links city learning centres with the education centre based at the Millennium Dome, Greenwich, to develop, support and provide teaching and learning through information and communication technology;
“non-statutory education action zone” means two or more schools which have obtained the approval of the Secretary of State for Education and Employment to their constituting collectively a non-statutory education action zone;
“parent governor representative” means a person elected to a committee of an education authority or authorities in accordance with regulations 3 to 7 of the Education (Parent Governor Representatives) Regulations 1999 ; and
“small school” means —
a primary school other than a special school with no more than 200 registered pupils,
a secondary school other than a special school with no more than 600 registered pupils, or
a special school with no more than 600 registered pupils.
4
In regulation 5(2) (rate of standards fund grant) the following entries shall be inserted at the end of the table in the left hand and right hand columns respectively —
40 100 41 100 42 100 43 100 44 100 45 100 46 100
5
In regulation 11(1) for “or 37(c)” there shall be substituted “, 37(c), 41, 42 or 45”.
6
In Schedule 1 after paragraph 39 there shall be added the following paragraphs —
40
Support for parent governor representatives in carrying out their functions.
41
Support for measures to improve areas within schools used by staff for purposes other than teaching.
42
Administrative support for small schools, including support in relation to —
a
the employment of additional administrative support staff and of existing administrative support staff for additional hours;
b
the provision of additional staff to assist such schools for periods during which headteachers or deputy headteachers are carrying out administrative duties; and
c
the provision of bursarial services.
43
Support for the establishment of city learning centres, including support in relation to —
a
the design and capital costs of such centres;
b
the recruitment and training of staff;
c
the provision of computer hardware and software and networking costs; and
d
building maintenance and security costs.
44
Support for the capital and running costs of Phase 1 of the DomEx project, including support in relation to —
a
the recruitment and training of staff;
b
the provision of computer hardware and software and networking costs; and
c
the costs of producing teaching and learning materials.
45
Support for research projects related to the raising of education standards which are undertaken by teachers in schools participating in Excellence in Cities.
46
Support for prospective non-statutory education action zones in the development of their final plans for approval by the Secretary of State for Education and Employment.
Estelle Morris
Minister of State
Department for Education and Employment
30th November 1999


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


text:
Citation and commencement
1
This Order may be cited as the Gosport Borough Council (Forton Lake Opening Bridge) Order 1999 and shall come into force on 10th August 1999.
Interpretation
2
1
In this Order–
“the Applications Rules ” means the Transport and Works (Applications and Objections Procedure) Rules 1992;
“the authorised works” means the scheduled works and any other works authorised by this Order;
“the bridge” means Work No. 2 referred to in the Schedule to this Order;
“ the Council ” means the Council of the borough of Gosport;
“the deposited plans” means the plans described in rule 7(1)(a) of the Applications Rules prepared in connection with the application for this Order and certified by the Secretary of State as “the plans” for the purposes of this Order;
“the deposited sections” means the sections described in rule 7(2) of the Applications Rules prepared in connection with the application for this Order and certified by the Secretary of State as “the sections” for the purposes of this Order;
“the level of high water” means the level of mean high water springs;
“the limits of deviation” means the limits of deviation shown on the deposited plans;
“maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace and “maintenance” shall be construed accordingly;
“Queen’s Harbour Master” means the person appointed to be Queen’s Harbour Master of the Dockyard Port of Portsmouth under the Dockyard Ports Regulation Act 1865 ;
“the scheduled works” means the works specified in the Schedule to this Order;
“tidal work” means so much of any work authorised by this Order as is in, under or over tidal waters or tidal lands below the level of high water;
“ Trinity House ” means the Corporation of Trinity House of Deptford Strond;
“vessel” means every description of vessel with or without means of propulsion of any kind and includes anything constructed or used to carry persons, goods, plant or machinery, or to be propelled or moved, on or by water, a seaplane on or in the water and a hovercraft within the meaning of the Hovercraft Act 1968 .
2
References in this Order to reference points shall be construed as references to Ordnance Survey National Grid Reference points.
3
All directions, distances and reference points stated in any description of works, powers or lands shall be construed as if the words “or thereabouts” were inserted after such direction, distance and reference points.
Power to construct etc. works
3
1
The Council may construct and maintain the scheduled works and for the purposes of constructing those works the Council may demolish and remove the derelict bridge which lies within the limits of deviation at the date of the making of this Order.
2
Subject to article 4 below, the scheduled works shall be constructed in the lines and situations, within the limits of deviation and in accordance with the levels shown on the deposited sections.
3
The Council may operate the bridge and may carry out and maintain such of the following works as may be necessary or expedient for the purposes of, in connection with, or in consequence of, the construction of the scheduled works, namely–
a
works to install, or alter the position of, apparatus, including mains, sewers, drains and cables, and
b
works for the benefit or protection of premises affected by the scheduled works.
Power to deviate
4
In the construction or maintenance of the scheduled works, the Council may deviate laterally from the lines or situations shown on the deposited plans to any extent within the limits of deviation and may deviate vertically from the levels shown on the deposited sections to any extent not exceeding–
a
3 metres upwards as to any part of the scheduled works,
b
1 metre downwards as to the decking of the bridge, and
to any extent downwards as to any other part of the scheduled works.
Power to make subsidiary works
5
Subject to the provisions of this Order the Council may from time to time within the limits of deviation or on any land vested in the Council at the date of the making of this Order, construct and maintain, whether temporarily or permanently, all such works as may be requisite or expedient for the purposes of, or in connection with, the construction, maintenance and use of the scheduled works.
Drainage of authorised works
6
1
The Council may use Forton Lake for the drainage of water in connection with the construction or maintenance of the authorised works.
2
This article does not dispense with the need for any consent required by any of the water pollution provisions of the Water Resources Act 1991 in relation to any discharge in connection with the construction or maintenance of the authorised works or affect any powers of the Environment Agency under any of those provisions.
Temporary closing of Forton Lake in connection with works
7
1
Notwithstanding anything in any other enactment or in any rule of law, the Council may temporarily close Forton Lake, or any part thereof, to navigation in the course of executing any works or doing anything authorised by or under this Order.
2
In exercise of the powers conferred by paragraph (1) above–
a
the Council shall execute such works or do such things as may be required to ensure that at any time no more of Forton Lake is closed than is reasonably necessary in all the circumstances, and
b
should it be necessary at any time to close the whole of Forton Lake to navigation, the Council shall use its best endeavours to secure that the minimum obstruction, delay or interference is caused to vessels which may be using or intending to use Forton Lake.
3
Before exercising the power conferred by paragraph (1) above the Council shall–
a
publish a notice of its intention to do so in Lloyds List and once in each of two successive weeks in a local newspaper published or circulating in the borough of Gosport, with an interval between the dates of publication of not less than 6 clear days, and
b
display notice of its intention in a conspicuous position adjacent to Forton Lake.
4
Each of the notices required by paragraph (3) above shall–
a
state that the Council intends to execute the works or to do anything authorised by or under this Order (as the case may be) and for that purpose to close temporarily Forton Lake or such part of Forton Lake as is specified in the notice to navigation, and
b
specify a date, which shall be a date not earlier than 14 days after the last date on which a notice is published pursuant to paragraph (3)(a) above and the duration of the closure.
Tidal works not to be executed without approval of Secretary of State
8
1
A tidal work shall not be constructed, altered, replaced or re-laid except in accordance with plans and sections approved by the Secretary of State and subject to any conditions and restrictions imposed by him before the work is begun.
2
If a tidal work is constructed, altered, replaced or re-laid in contravention of this article or of any condition or restriction imposed under this article–
a
the Secretary of State may by notice in writing require the Council at its own expense to remove the tidal work and restore the site thereof to its former condition; and if, on the expiration of 30 days from the date when the notice is served upon the Council, it has failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice, or
b
if it appears to the Secretary of State urgently necessary so to do, he may remove the tidal work and restore the site to its former condition,
and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the Council.
Lights on tidal works
9
1
The Council shall at or near a tidal work during the whole time of the construction, alteration, replacement or relaying thereof, exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation as the Secretary of State after consulting the Queen’s Harbour Master shall from time to time direct.
2
If the Council fails to comply with any requirement of a direction given under paragraph (1) above, it shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Provision against danger to navigation
10
1
In the case of injury to, or destruction or decay of, a tidal work the Council shall as soon as reasonably practicable notify Trinity House and the Queen’s Harbour Master and shall lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as Trinity House after consulting the Queen’s Harbour Master may from time to time direct.
2
If the Council fails to notify Trinity House as required by paragraph (1) above or to comply with any requirement of a direction under it, the Council shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Abatement of works abandoned or decayed
11
1
Where a tidal work is abandoned, or suffered to fall into decay, the Secretary of State may by notice in writing require the Council at its own expense either to repair and restore the work or to remove the work and restore the site thereof to its former condition, to such an extent and within such limits as he thinks fit.
2
Where–
a
a work consisting partly of a tidal work and partly of works on or over land above the level of high water is abandoned or suffered to fall into decay, and
b
that part of the work on or over land above the level of high water is in such a condition as to interfere, or to cause reasonable apprehension that it may interfere, with the right of navigation or other public rights over the foreshore,
the Secretary of State may include that part of the work, or any portion thereof, in any notice under paragraph (1) above.
3
If, at the end of 30 days from the date when a notice under this article is served upon the Council, it has failed to comply with the requirements of the notice, the Secretary of State may execute the work specified in the notice and any expenditure incurred by him in so doing shall be recoverable from the Council.
Survey of tidal works
12
If he deems it expedient, the Secretary of State may at any time order a survey and examination of a tidal work or of the site upon which it is proposed to construct the work, and any expenditure incurred by him in any such survey and examination shall be recoverable from the Council.
Permanent lights on tidal works
13
1
After the completion of a tidal work the Council shall at the outer extremity thereof exhibit every night from sunset to sunrise such lights, if any, and take such other steps, if any, for the prevention of danger to navigation as Trinity House after consulting the Queen’s Harbour Master may from time to time direct.
2
If the Council fails to comply in any respect with a direction given under this article, it shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Certification of plans, etc.
14
The Council shall, as soon as practicable after the making of this Order, submit copies of the deposited plans and deposited sections to the Secretary of State for certification that they are true copies of, respectively, the plans and sections referred to in this Order; and a document so certified shall be admissible in any proceedings as evidence of the contents of the document of which it is a copy.
Opening of bridge
15
1
The Council shall, whenever it considers it necessary or desirable so to do for the purpose of ensuring that the bridge shall be opened when reasonably required to permit navigation under the bridge, consult with such persons or bodies (or their representatives) as appear to it to be likely to wish from time to time to navigate under the bridge.
2
The Council shall post and maintain notices in the vicinity of the bridge stating the times when and periods during which the bridge may be opened for navigation and the steps which the master of a vessel shall take to ensure that the bridge is opened for the passage of his vessel.
3
When preparing the notices referred to in paragraph (2) above, the Council shall have regard to any representations made to it by the persons or bodies consulted pursuant to paragraph (1) above.
Obstruction of authorised works and misuse of bridge
16
Any person who without lawful authority or excuse–
a
obstructs another person from constructing any of the authorised works,
b
closes or opens the bridge, or
c
in any other way interferes with the bridge or the operation thereof,
shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Removal of vessels for purposes of construction or maintenance of authorised works
17
1
If it appears to the Council necessary or convenient to do so for the purposes of the construction or maintenance of the authorised works, it may, having first consulted the Queen’s Harbour Master, remove any vessel that is–
a
sunk, stranded or abandoned within the limits of deviation, or
b
moored or left there (whether lawfully or not),
either to another place within those limits or to a place outside those limits where it may without injury to the vessel be moored or laid.
2
Before exercising the powers conferred by paragraph (1) above the Council shall–
a
publish a notice of its intention to do so in Lloyds List and once in each of two successive weeks in a local newspaper published or circulating in the borough of Gosport, with an interval between the dates of publication of not less than 6 clear days, and
b
display notice thereof in a conspicuous position adjacent to Forton Lake.
3
Each of the notices shall–
a
state that the Council intends to construct or maintain (as the case may be) the authorised works, and
b
specify a date, which shall be a date not earlier than one month after the last date on which a notice is published pursuant to paragraph (2)(a) above, by which all vessels must be removed from within the limits of deviation.
4
If the master of any vessel within the limits of deviation does not remove that vessel from within those limits before the date specified in accordance with paragraph (3)(b) above, the Council may, having first consulted the Queen’s Harbour Master, cause that vessel to be removed.
5
The Council may recover as a debt from the owner of any vessel removed pursuant to paragraph (4) above all expenses incurred by the Council in respect of its removal.
Removal of vessels from restricted area
18
1
If it appears to the Council necessary or convenient to do so for the purpose of enabling vessels to navigate through the restricted area, the Council may, after consulting the Queen’s Harbour Master, remove any vessel moored or abandoned within the restricted area to another place outside the restricted area where it may without injury be moored or laid.
2
In this article “restricted area” means a quadrilateral within Forton Lake whose sides are formed by the intersection of the following lines:–
a
a line due south of the mooring pile, forming part of Work No. 3B, nearest to the bridge on its eastern side;
b
a line due north of the mooring pile, forming part of Work No. 3A, nearest to the bridge on its western side;
c
a line extending through the guide piles on the south side of the opening span of the bridge between reference point SU461680100920 and reference point SU461738100926;
d
a line extending through the guide piles on the north side of the opening span of the bridge between reference point SU461680100930 and reference point SU461738100938.
Removal of obstructions
19
If any obstruction is caused to the operation of the opening mechanism of the bridge by any object left on the bridge or within the limits of deviation, the person in charge of the object shall remove it forthwith; and if he fails to do so the Council may take all reasonable steps to remove the obstruction and may recover the expenses reasonably incurred in doing so from–
a
any person by whom the object was put or left so as to become an obstruction to the operation of the bridge, or
b
any person who was the owner of the object at that time unless he shows that he was not, at that time, concerned in or aware of the object being so put or left.
Power to make byelaws
20
1
The Council may make byelaws regulating the use and operation of the bridge and the conduct of all persons passing over the bridge or of all vessels passing through the opening span thereof or otherwise navigating or mooring within the limits of deviation.
2
Without prejudice to the generality of paragraph (1) above, byelaws made under this article may make provision–
a
with respect to interference with, or obstruction of, the operation of the bridge,
b
for prohibiting or restricting the placing or leaving of any object on any part of the bridge, and
c
for prohibiting any vessel from mooring alongside any part of the bridge.
3
Byelaws made under this article may provide for it to be an offence for a person to contravene, or to fail to comply with, a provision of the byelaws and for such a person to be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
4
Byelaws made under this article shall not come into operation until they have been confirmed by the Secretary of State.
5
At least 28 days before applying for any byelaws to be confirmed under this article the Council shall publish in such manner as may be approved by the Secretary of State a notice of its intention to apply for the byelaws to be confirmed and of the place at which and the time during which a copy of the byelaws will be open to public inspection; and any person affected by any of the byelaws may make representations on them to the Secretary of State within a period specified in the notice, being a period of not less than 28 days.
6
For at least 24 days before an application is made under this article for byelaws to be confirmed a copy of the byelaws shall be kept at the principal office of the Council and shall at all reasonable hours be open to public inspection without payment.
7
The Council shall at the request of any person supply him with a copy of any such byelaws on payment of such reasonable sum as the Council may determine.
8
The Secretary of State may confirm with or without modification, or may refuse to confirm, any of the byelaws submitted under this article for confirmation and, as regards any byelaws so confirmed, may fix a date on which the byelaws shall come into operation; and if no date is so fixed the byelaws shall come into operation after the expiry of 28 days from the date on which they were confirmed.
9
The Secretary of State may charge the Council such fees in respect of any byelaws submitted for confirmation under this article as he may consider appropriate for the purpose of defraying any administrative expenses incurred by him in connection therewith.
10
A copy of the byelaws when confirmed shall be printed and deposited at the principal office of the Council and shall at all reasonable hours be open to public inspection without payment, and the Council shall, at the request of any person, supply him with a copy of any such byelaws on payment of such reasonable sum as the Council shall determine.
11
The production of a printed copy of byelaws confirmed under this article on which is endorsed a certificate purporting to be signed by a person duly authorised by the Council stating–
a
that the byelaws were made by the Council,
b
that the copy is a true copy of the byelaws,
c
that on a specified date the byelaws were confirmed by the Secretary of State, and
d
the date when the byelaws came into operation,
shall be prima facie evidence of the facts stated in the certificate.
Management arrangements
21
1
The Council may enter into and carry into effect agreements with respect to the construction, maintenance, use, management and operation by any other person of the authorised works, and any other matters incidental or subsidiary thereto or consequential thereon, including the defraying of, or the making of contributions towards, the cost thereof by the Council or by any other person.
2
Any agreement under paragraph (1) above may provide for the exercise by another person of the powers of the Council in respect of the authorised works.
3
The Council may at any time lease the authorised works to another person on such terms and conditions as may be agreed.
4
The exercise of the powers of the Council in respect of the authorised works by any person pursuant to any agreement under paragraph (1) above shall be subject to the restrictions, liabilities and obligations applicable under this Order in relation to the exercise of those powers by the Council and in accordance with any restrictions, liabilities and obligations entered into by the Council in connection with this Order.
Saving for Trinity House and Queen’s Harbour Master
22
Nothing in this Order shall prejudice or derogate from any of the powers, rights or privileges, or the jurisdiction or authority of, Trinity House or the Queen’s Harbour Master whether conferred by or under any other enactment or otherwise.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
A. S. D. Whybrow
Head of Charging and Local Transport Division,
Department of the Environment, Transport and the Regions
20th July 1999


text:
1
This Order may be cited as the Income Tax (Indexation) Order 1999.
2
1
The amounts which, unless Parliament otherwise determines, will be treated by virtue of sections 1(4) , 257C(1) and 265(1A) of the Income and Corporation Taxes Act 1988 as specified for the year 1999–00 in sections 1(2) , 257(2), (3) and (5), 257A and 265 of that Act are set out in paragraphs (2) to (5).
2
In section 1(2) of the said Act (the charge to income tax) —
a
in paragraph (aa) (lower rate limit) — £4,500;
b
in paragraph (b) (basic rate limit) — £28,000.
3
In section 257 of the said Act (personal allowance) —
a
in subsection (2) (personal allowance — age 65 to 74) — £5,590;
b
in subsection (3) (personal allowance — age 75 and over) — £5,780;
c
in subsection (5) (income limit for age-related allowances) — £16,800.
4
In section 257A of the said Act (married couple’s allowance) —
a
in subsection (1) (married couple’s allowance) — £1,970;
b
in subsection (2) (married couple’s allowance — age 65 to 74) — £5,125;
c
in subsection (3) (married couple’s allowance — age 75 and over) — £5,195;
d
in subsection (5) (income limit for age-related allowances) — £16,800.
5
In section 265(1) of the said Act (blind person’s allowance) — £1,380.
David Jamieson
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
9th March 1999


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Education (School Inspection) (England) (Amendment) (No. 2) Regulations 1999 and shall come into force on 1st October 1999.
2
In these Regulations “the 1997 Regulations ” means the Education (School Inspection) (England) Regulations 1997 .
Amendment of 1997 Regulations
2
The 1997 Regulations shall be amended as follows:
1
In regulation 5 —
a
in both paragraphs (1)(a) and (1)(b) for the words “county, voluntary or maintained special school” substitute the words “school maintained by a local education authority”;
b
omit paragraph (1)(c);
c
in paragraph (1)(d) omit the words “or a grant-maintained school which, immediately before it became a grant-maintained school, was a voluntary school” and for the words “an aided or special agreement” substitute the words “voluntary aided”;
d
omit paragraph (1)(e);
e
omit paragraph (1)(f);
f
after paragraph (2)(a) insert the word “and” and omit paragraphs (2)(c) and (d).
2
In regulation 6(c) for the words “three weeks” substitute the words “one week”.
3
In regulation 12(1), for the words from “grant-maintained” to “(or both)” substitute the words “foundation school are required by section 23 of the 1996 Act to secure that denominational education given to any pupils and the content of the school’s collective worship”.
4
In regulation 13 —
a
in paragraph (2) for the words “five weeks” substitute the words “six weeks”;
b
omit paragraphs (4)(c) and (d).
Estelle Morris
Minister of State,
Department of Education and Employment
10th September 1999


text:
Citation, commencement and interpretation
1
1
These rules may be cited as the Land Registration Rules 1999 and shall come into force on 1st July 1999.
2
In these rules–
a
“the principal rules” means the Land Registration Rules 1925 , and
b
a rule referred to by number means the rule so numbered in the principal rules.
Amendments to the principal rules
2
1
The principal rules have effect subject to the amendments in Schedule 1 to these rules.
2
Forms AP1 and DL set out in Schedule 2 to these rules are substituted for the forms so numbered in Schedule 1 to the principal rules.
3
The other forms set out in Schedule 2 to these rules are inserted into Schedule 1 to the principal rules in alpha-numeric order.
4
Schedule 2 to the principal rules has effect subject to the amendments in Schedule 3 to these rules.
Revocation
3
Rules 114 and 202 and Forms 16, 20 to 22, 24 to 31, 34, 34A, 34B, 53, 56, 57, 63, 70 and 71 are revoked.
Signed by authority of the Lord Chancellor
G.W. Hoon
Minister of State
Lord Chancellor’s Department
Dated 17th January 1999