text:
Citation and commencement
1
This Order may be cited as the Hamilton Oxford Schools Partnership Education Action Zone Order 1999 and shall come into force on 6th September 1999.
Interpretation
2
In this Order —
“partners” means those persons listed in Schedule 1 to this Order; and
“zone school” means a school listed in Schedule 2 to this Order.
Constitution of education action zone
3
The schools listed in Schedule 2 to this Order shall constitute collectively an education action zone under the name of the Hamilton Oxford Schools Partnership Education Action Zone (“the zone”) for the purposes of Chapter III of Part I of the School Standards and Framework Act 1998.
Education Action Forum
4
There shall be an Education Action Forum for the zone to be known as the Hamilton Oxford Schools Partnership Education Action Forum (“the Forum”), the membership of which shall include —
a
one person appointed by the governing body of each zone school, unless any such governing body chooses not to make such an appointment;
b
either one or two persons appointed by the Secretary of State; and
c
up to five persons appointed by each partner, unless any partner chooses not to make such an appointment.
5
The Forum at any time may appoint additional members as follows —
a
up to four from voluntary or community groups in the area served by the zone schools;
b
up to two who are governors of zone schools;
c
up to three who represent the interests of the Ivanhoe Referral Unit, Mabel Prichard School and the St James Unit, or any of them;
d
up to three from teacher associations or unions provided the first two appointed are employed at schools in the area served by the zone schools;
e
up to two registered pupils at zone schools;
f
up to two parents of registered pupils at zone schools;
g
up to one each from the following organisations: The Oxford Partnership, The Heart of England TEC, RM plc (Reg. No. 1148594), The Oxford Brookes University, University of Oxford, Oxfordshire Health Authority, Oxfordshire County Council Social Services Department, Thames Valley Police, Family Links (Educational Programmes) (Reg. No. 03323287), The Peers Early Education Partnership Trust (Charity No. 0149764); and
h
up to eight additional members who are considered by the Forum to have areas of expertise or experience not otherwise represented on the Forum.
Disqualification for membership of the Forum
6
Articles 7 to 8 shall have effect for the purpose of prescribing the circumstances and cases in which a person is to be disqualified for holding, or continuing to hold, office as a member of the Forum.
Disqualification for membership of Forum — bankruptcy etc.
7
1
Subject to the provisions of this article, a person shall be disqualified for holding, or for continuing to hold, office as a member of the Forum if he has been adjudged bankrupt or has made a composition or arrangement with his creditors; and a member, on becoming so disqualified, shall give written notice of the fact to the secretary of the Forum.
2
Where a person is disqualified by reason of his having been adjudged bankrupt, that disqualification shall cease —
a
unless the bankruptcy order made against that person is previously annulled, on his discharge from bankruptcy; and
b
if the bankruptcy order is so annulled, on the date of the annulment.
3
Where a person is disqualified by reason of his having made a composition or arrangement with his creditors and he pays his debts in full, the disqualification shall cease on the date on which the payment is completed and in any other case it shall cease on the expiration of three years from the date on which the terms of the deed of composition or arrangement are fulfilled.
Disqualification for membership of Forum — criminal convictions
8
1
Subject to paragraph (2) a person shall be disqualified for holding, or for continuing to hold, office as a member of the Forum if —
a
within five years before his appointment would otherwise have taken effect or since his appointment, he has been convicted, whether in the United Kingdom or elsewhere, of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine;
b
within twenty years before his appointment would otherwise have taken effect, he has been convicted as aforesaid and has had passed on him a sentence of imprisonment for a period of more than two and a half years; or
c
he has at any time been convicted as aforesaid and has had passed on him a sentence of imprisonment of not less than five years.
2
For the purposes of this regulation there shall be disregarded any conviction by or before a court outside the United Kingdom of an offence in respect of conduct which, if it had taken place in any part of the United Kingdom, would not have constituted an offence under the law in force in that part of the United Kingdom.
Disqualification — absence from meetings
9
Any member of the Forum who, without the consent of the Forum has failed to attend the meetings thereof for a continuous period of six months beginning with the date of a meeting shall, on the expiry of that period, be disqualified for continuing to be a member of the Forum without prejudice however, to his re-appointment.
Chairman’s tenure of office
10
The chairman of the Forum elected in accordance with paragraph 2 of Schedule 1 to the School Standards and Framework Act 1998, shall hold office for one year from the date of his election (unless he resigns his office earlier), without prejudice to his eligibility to be re-elected for a further such period.
David Blunkett
Secretary of State for Education and Employment
13th August 1999


type: legislation

jurisdiction: UK

text:
1
These Regulations may be cited as the Taxes (Interest Rate) (Amendment No. 2) Regulations 1999 and shall come into force on 28th July 1999.
2
In these Regulations “the principal Regulations ” means the Taxes (Interest Rate) Regulations 1989 .
3
In regulation 3BB(1) of the principal Regulations –
a
after the words “being an amount paid” there shall be inserted the words “, or which remains overpaid,”;
b
after the words “paragraph (2)” there shall be inserted the words “and on and after that day”.
Bob Ainsworth
Clive Betts
Two of the Lords Commissioners of Her Majesty’s Treasury
6th July 1999


text:
Citation, commencement, extent and revocation
1
1
These Regulations may be cited as the Education (Non-Maintained Special Schools) (England) Regulations 1999 and shall come into force on 1st September 1999.
2
These Regulations apply to non-maintained special schools in England.
3
The Education (Special Schools) Regulations 1994 are hereby revoked in relation to England.
Interpretation
2
1
In these Regulations–
“the 1996 Act ” means the Education Act 1996;
“maintained special school” means a community or foundation special school;
“non-maintained special school” means a school which is not maintained by a local education authority and which has been approved as a special school under section 342 of the 1996 Act;
“registered pupil” means a pupil registered as such in the register kept in accordance with section 434 of the 1996 Act;
“relevant person” means, in relation to a non-maintained special school, the person or body of persons responsible for the management of the school.
“special school” has the meaning assigned to it by section 337 of the 1996 Act;
2
Except where the context otherwise requires, any reference in these Regulations to a regulation or Schedule is a reference to a regulation contained therein or to the Schedule thereto, any reference to a paragraph is a reference to a paragraph of the regulation or Schedule in which the reference is made, and any reference to a sub-paragraph is a reference to a sub-paragraph of the paragraph in which the reference is made.
Conditions of Approval
3
The requirements set out in Part I of the Schedule shall be complied with by any non-maintained special school as a condition of its approval under section 342(1) of the 1996 Act.
Requirements to be complied with
4
The requirements set out in Parts I and II of the Schedule shall be complied with by any non-maintained special school while approved under section 342 of the 1996 Act (including approval treated as given under section 342(3) of that section).
Withdrawal of approval
5
1
Subject to paragraph (2), the Secretary of State may withdraw his approval from a school on the ground that, in the case of that school, there has been a failure to comply with any requirement applicable to the school and contained in–
a
these Regulations;
b
Regulations from time to time in force under section 218 of the Education Reform Act 1988 ;
c
Regulations made under section 27 of the Education Act 1980 to the extent that they continue to have effect on the repeal of that section and the coming into force of section 218 of the Act of 1988 on 1st April 1989; or
d
Regulations from time to time in force under section 542 of the 1996 Act.
2
Unless the Secretary of State is of the opinion that it is necessary or expedient so to do in the interests of the health, safety or welfare of pupils at a school, he shall not withdraw his approval of the school in pursuance of paragraph (1) without–
a
consulting the governing body thereof, and
b
if that governing body so request, affording the school a period specified by him within which to comply with the requirement which has not been complied with;
but, if he so directs, pending compliance with that requirement, the arrangements as respects the matter to which it relates shall be such as are temporarily approved by him.
3
The Secretary of State shall withdraw his approval of a school if the relevant person requests him to do so in writing.
David Blunkett
Secretary of State for Education and Employment
9th August 1999


text:
Citation and commencement
1
This Order may be cited as The Mulberry National Health Service Trust (Dissolution) Order 1999 and shall come into force on 1st April 1999.
Dissolution of NHS trust
2
The Mulberry National Health Service Trust established by The Mulberry National Health Service Trust (Establishment) Order 1991 is dissolved, and accordingly that Order is revoked.
Signed by authority of the Secretary of State for Health
Tessa Jowell
Minister for Public Health,
Department of Health
11th March 1999


text:
Citation and commencement
1
This Order may be cited as the Dudley Partnership for Achievement Education Action Zone Order 1999 and shall come into force on 1st December 1999.
Interpretation
2
In this Order —
“partners” means those persons listed in Schedule 1 to this Order; and
“zone school” means a school listed in Schedule 2 to this Order.
Constitution of education action zone
3
The schools listed in Schedule 2 to this Order shall constitute collectively an education action zone under the name of the Dudley Partnership for Achievement Education Action Zone (“the zone”) for the purposes of Chapter III of Part I of the School Standards and Framework Act 1998.
Education Action Forum
4
There shall be an Education Action Forum for the zone to be known as the Dudley Partnership for Achievement Education Action Forum (“the Forum”), membership of which shall include —
a
one person appointed by the governing body of each zone school, unless any such governing body choose not to make such an appointment;
b
either one or two persons appointed by the Secretary of State;
c
one person appointed by each partner, unless any partner chooses not to make such an appointment; and
d
five head teachers of zone schools appointed by the other members of the Forum.
5
The Forum may at any time appoint additional members as follows —
a
one person representing the interests of public or private bodies working with zone schools;
b
one person representing the interests of businesses working with zone schools;
c
up to two parents of registered pupils attending zone schools;
d
up to two persons who are considered by the Forum to have areas of expertise or experience not otherwise represented on the Forum; and
e
one person representing the interests of Netherton Park Family Centre (Netherton Park, Netherton, Dudley DY2 9QF).
Disqualification for membership of the Forum
6
Articles 7 to 9 shall have effect for the purpose of prescribing the circumstances and cases in which a person is to be disqualified for holding, or continuing to hold, office as a member of the Forum.
Disqualification for membership of the Forum — bankruptcy etc
7
1
Subject to the provisions of this article, a person shall be disqualified for holding, or for continuing to hold, office as a member of the Forum if he has been adjudged bankrupt or has made a composition or arrangement with his creditors; and a member, on becoming so disqualified, shall give written notice of the fact to the secretary to the Forum.
2
Where a person is disqualified by reason of his having been adjudged bankrupt, that disqualification shall cease —
a
unless the bankruptcy order made against that person is previously annulled, on his discharge from bankruptcy; and
b
if the bankruptcy order is so annulled, on the date of the annulment.
3
Where a person is disqualified by reason of his having made a composition or arrangement with his creditors and he pays his debts in full, the disqualification shall cease on the date on which the payment is completed and in any other case it shall cease on the expiration of three years from the date on which the terms of the deed of composition or arrangement are fulfilled.
Disqualification for membership of the Forum — criminal convictions
8
1
Subject to paragraph (2) a person shall be disqualified for holding, or for continuing to hold, office as a member of the Forum if —
a
within five years before his appointment would otherwise have taken effect or since his appointment, he has been convicted, whether in the United Kingdom or elsewhere, of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine;
b
within twenty years before his appointment would otherwise have taken effect, he has been convicted as aforesaid and has had passed on him a sentence of imprisonment for a period of more than two and a half years; or
c
he has at any time been convicted as aforesaid and has had passed on him a sentence of imprisonment of not less than five years.
2
For the purposes of this article there shall be disregarded any conviction by or before a court outside the United Kingdom of an offence in respect of conduct which, if it had taken place in any part of the United Kingdom, would not have constituted an offence under the law in force in that part of the United Kingdom.
Disqualification — absence from meetings
9
Any member of the Forum who, without the consent of the Forum, has failed to attend the meetings thereof for a continuous period of six months beginning with the date of a meeting shall, on the expiry of that period, be disqualified for continuing to be a member of the Forum without prejudice however, to his re-appointment.
Chairman’s tenure of office
10
The chairman of the Forum elected in accordance with paragraph 2 of Schedule 1 to the School Standards and Framework Act 1998, shall hold office for one year from the date of his election (unless he resigns his office earlier), without prejudice to his eligibility to be re-elected for a further such period.
Estelle Morris
Minister of State,
Department for Education and Employment
4th November 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Scottish Criminal Cases Review Commission (Application to Summary Proceedings) Order 1999 and shall come into force on 1st April 1999.
2
In this Order, “the 1995 Act ” means the Criminal Procedure (Scotland) Act 1995.
Application of Part XA of the 1995 Act
2
Part XA of the 1995 Act shall apply in relation to convictions, sentences and findings made in summary proceedings as it applies in relation to convictions, sentences and findings made in solemn proceedings.
Amendments to Part XA
3
In section 194B(1) of the 1995 Act–
a
after “indictment” there is inserted “or complaint”; and
b
after “Part VIII” there is substituted “or, as the case may be, Part X”.
Donald C Dewar
Secretary of State
St Andrew’s House,
Edinburgh
31st March 1999


text:
Citation and commencement
1
These Regulations may be cited as the Income Support (General) Amendment (No. 2) Regulations 1999 and shall come into force on 5th January 2000.
Amendment of Schedule 1B to the Income Support (General) Regulations 1987
2
After paragraph 14 of Schedule 1B to the Income Support (General) Regulations 1987 there shall be inserted the following new paragraph —
Parental leave
14A
1
A person who is —
a
entitled to, and taking, parental leave by virtue of Part III of the Maternity and Parental Leave etc. Regulations 1999 in respect of a child who is a member of his household; and
b
not entitled to any remuneration from his employer in respect of that leave for the period to which his claim for income support relates; and
c
entitled to working families' tax credit, disabled person’s tax credit , housing benefit or council tax benefit on the day before that leave begins.
2
In this paragraph “remuneration” means payment of any kind.
Signed by authority of the Secretary of State for Social Security.
Hugh Bayley
Parliamentary Under-Secretary of State,
Department of Social Security
13th December 1999


text:
1
This Order may be cited as the Broadcasting (Guernsey) Order 1999 and shall come into force on 12th May 1999.
2
Section 94 of the Broadcasting Act 1996 shall extend to the Bailiwick of Guernsey.
3
In the Schedule to the Broadcasting Act 1990 (Guernsey) ( No. 2) Order 1991 , after paragraph 29, there shall be inserted–
29A
Omit section 104A.
29B
In section 104B–
a
in subsection (1)(b), for the words from “category B” to the end substitute “any of the categories of local service for the time being specified in this paragraph as it has effect in the United Kingdom”;
b
in subsection (2)(b), after “United Kingdom” insert “or the Bailiwick of Guernsey”;
c
omit subsections (6) and (7).
.
A.K. Galloway
Clerk of the Privy Council


text:
1
1
This Order may be cited as the Protection of Wrecks (M/S Estonia) Order 1999.
2
This Order shall come into force on 12th May 1999.
2
For the purposes of this Order “the protected area” means the area delineated by geodesics joining in sequence the following points —
59° 23.500'N, 21° 40.000'E;
59° 23.500'N, 21° 42.000'E;
59° 22.500'N, 21° 42.000'E;
59° 22.500'N, 21° 40.000'E .
3
1
A person shall not do any of the following, or cause or permit any other person to do any of the following, in the protected area:
a
tamper with, damage or remove any part of a vessel lying wrecked on or in the sea bed, or any object or body in or formerly contained in such vessel;
b
carry out diving or salvage operations directed to the exploration of any wreck or to removing any object or body from it or from the sea bed; or
c
use equipment constructed or adapted for any purpose of diving or salvage operations.
2
Any contravention of paragraph (1) above shall be an offence punishable on summary conviction by a fine not exceeding the statutory maximum or on conviction on indictment by a fine.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions.
Glenda Jackson
Parliamentary Under-Secretary of StateDepartment of the Environment, Transport and the Regions
17th March 1999


text:
1
This Order may be cited as the Geneva Conventions Act (Jersey) Order 1999, and shall come into force on 22nd July 1999.
2
The Geneva Conventions (Amendment) Act 1995 shall extend to Jersey subject to the exceptions and modifications specified in the Schedule to this Order.
A. K. Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Taxes (Interest Rate) (Amendment No. 3) Regulations 1999 and shall come into force on 1st October 1999.
Interpretation
2
In these Regulations “the principal Regulations ” means the Taxes (Interest Rate) Regulations 1989 and “regulation” means a regulation of the principal Regulations.
Amendments to the principal Regulations
3
In regulation 3(1) —
a
the word “and” immediately following sub-paragraph (b) shall be omitted;
b
after sub-paragraph (c) there shall be inserted
and
d
section 15A of the Stamp Act 1891 ,
.
4
In regulation 3AA(1) sub-paragraph (e) shall be omitted.
5
In regulation 3AB(1) —
a
the word “and” immediately following sub-paragraph (b) shall be omitted;
b
after sub-paragraph (c) there shall be inserted —
d
section 92 of the Finance Act 1986 , and
e
section 110 of the Finance Act 1999,
.
Gordon Brown
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
9th September 1999


text:
Citation and commencement
1
These Regulations may be cited as the Education Maintenance Allowance (Pilot Areas) Regulations 1999 and shall come into force on 25th August 1999.
Interpretation
2
1
In these Regulations–
“the 1992 Act ” means the Social Security Contributions and Benefits Act 1992 ;
“academic year” means the period from 1st September in one year to 31st August in the next year, except that where the first term of in institution to begin after July begins before 1st September, the academic year is the period beginning at the start of that term and ending immediately before the start of the first such term in the following year;
“advanced education” and “full-time education” have the same meaning as in regulation 1(2) of the Child Benefit (General) Regulations 1976 ;
“education maintenance allowance learning agreement” has the meaning given in regulation 7;
“relevant area” means–
the area of any of the relevant authorities except for the London Boroughs of Greenwich, Lambeth, Lewisham and Southwark and the City of Leeds; and
the areas of the wards in the London Boroughs of Greenwich, Lambeth, Lewisham and Southwark specified in Part II of Schedule 1;
“relevant authority” means a local education authority specified in Part I Schedule 1;
“relevant educational establishment” means–
a school maintained by a local education authority;
an independent school within the meaning of section 463 of the Education Act 1996 other than one whose registration under section 465 of that Act is provisional only;
an institution within the further education sector; or
any other education institution which the local education authority considers appropriate;
“parent” –
in regulations 5 and 6(1)(c) means the mother or father of the student (including the mother or father by adoption) but not any other person with parental responsibility for the student; and
elsewhere in these Regulations has the same meaning as in section 576 of the Education Act 1996; and
“week” means a period of 7 days beginning with a Monday.
2
For the purposes of these Regulations a student is a looked after student if he is looked after by a relevant authority and in this paragraph “looked after” shall be construed in accordance with section 22 of the Children Act 1989 .
3
For the purposes of these Regulations a student is an independent student if the student is–
a
entitled to income support under Part VII of the 1992 Act on the basis that the student is–
i
estranged from his parents; or
ii
a parent; or
b
where sub-paragraph (a) does not apply, if the student is–
i
aged 18 and in the opinion of the relevant authority estranged from his parents; or
ii
aged 19.
4
Any reference in these Regulations to a person responsible for a pupil shall be construed in accordance with section 143 of the 1992 Act.
5
Any reference in these Regulations to a student being educated otherwise than at an institution is a reference to a student being so educated under arrangements made by a relevant authority under section 19 of the Education Act 1996.
Payment of education maintenance allowance
3
1
Subject to the provisions of these Regulations a relevant authority may pay any of the allowances specified in regulation 8, 9 or 10 in respect of any student over compulsory school age if–
a
the conditions specified in regulation 4(1) are satisfied in the case of a relevant authority other than Leeds City Council, or the condition specified in regulation (2) is satisfied in the case of Leeds City Council;
b
the condition specified in regulation 5 is satisfied, unless the student is one in respect of whom the condition specified in regulation 4 is satisfied by virtue of the student being a looked after student; and
c
such of the conditions specified in regulation 6 as are applicable to the student in question are satisfied.
2
Nothing in regulation 4 of the Local Education Authority (Post-Compulsory Education Awards) Regulations 1999 shall apply in relation to the payment of any of the allowances specified in regulations 8, 9 or 10
Residence etc. or school condition
4
1
The conditions specified in this paragraph are–
a
unless sub-paragraph (b) or (c) applies, that a person responsible for the student was ordinarily resident in a relevant area on any date during the relevant period and that child benefit was paid to that person under Part IX of the 1992 Act for the week in which that date falls; or
b
where the student was an independent student, that the student was ordinarily resident in a relevant area on any date during the relevant period; or
c
that the student was a looked after student, other than a student looked after by Leeds City Council on any date during the relevant period.
2
The condition specified in this paragraph is that the student was at any time during the 1998–9 or 1999–2000 school year a pupil at a school specified in Schedule 2 (schools in Leeds).
3
In this regulation “the relevant period” means the period starting on 30th June immediately before the start of the academic year in respect of which the allowance is paid and ending at the start of that academic year.
Income condition
5
1
The condition specified in this regulation is, subject to paragraph (4),–
a
if paragraph (2) applies, that the aggregate of the incomes of the student’s parents did not, during the tax year ending before the start of the academic year in respect of which the allowance is paid, exceed the relevant amount;
b
if paragraph (3) applies, that the income of the student’s parent with whom the student normally resides did not, during the tax year ending before the start of the academic year in respect of which the allowance is paid, exceed the relevant amount; and
c
if neither paragraph (2) not paragraph (3) applies or the student was one in respect of whom the condition in regulation 4 was satisfied by virtue of being an independent student other than one falling within sub-paragraph (b)(ii) of the definition of independent student, that the income of the student did not, during the tax year ending before the start of the academic year in respect of which the allowance is paid, exceed the relevant amount.
2
This paragraph applies where–
a
the student’s parents live together as husband and wife (whether or not they are married to each other) and the student normally resides with his parents; or
b
the student’s parents do not live together as husband and wife, the student normally resides with one of his parents and paragraph (3) does not apply.
3
This paragraph applies where the student’s parents do not live together as husband and wife and–
a
the student normally resides with one of his parents; and
b
the income of the other parent cannot reasonably practicably be ascertained or verified.
4
Where the condition contained in paragraph (1) is not satisfied but it appears to the local education authority (whether before or after the start of an academic year) that the income of the persons referred to in paragraph 1(a), (b) or (c) (as the case may be) is likely, during the tax year following that referred to in paragraph (1)–
a
not to exceed the relevant amount; and
b
to be not more than 85% of the person’s income during the tax year referred to in paragraph (1),
the authority may determine that the condition contained in paragraph (1) is to be treated as satisfied.
5
For the purposes of this regulation the income of a person, subject to paragraph (6), is the person’s total income within the meaning of section 835 of the Income and Corporation Taxes Act 1988 .
6
Where paragraph (3) applies, and the income of the parent with whom the student normally resides includes a maintenance payment, that parent’s income for the purpose of this regulation shall be computed as though such payment were part of his total income whether or not such payment or any part of it would be included in his total income for tax purposes.
7
For the purposes of paragraph (6) “maintenance payment” means a periodical payment (not including an instalment of a lump sum) which–
a
is made pursuant to an order made by a court (whether in the United Kingdom or elsewhere) or under any arrangement made by the Child Support Agency pursuant to the Child Support Act 1991 or under a separation agreement; and
b
is made by:
i
one of the parties to a marriage (including a marriage which has been dissolved or annulled) to or for the benefit and for the maintenance of the other party; or
ii
one or both of the parents of the student to or for the benefit, and for the maintenance or education, of any child of one or both of the parents; or
iii
by another person to or for the benefit, and for the maintenance or education, of a child (including the student) of one or both of the parents of the student; and
c
is due at a time when–
i
as regards a maintenance payment of the nature described in sub-paragraph (b)(i), the said parties are not living together as husband and wife; or
ii
as regards a maintenance payment of the nature described in sub-paragraph (b)(ii) or (iii), the person making the payment dos not reside in the same household as the child to whom or for whose benefit the payment is made.
8
In this regulation–
a
“parent” means the mother or father of the student (including a mother or father by adoption) but not any other person with parental responsibility for the student; and
b
“the relevant amount” means
i
£20,000 where the relevant authority is a local education authority in Greater London; and
ii
£30,000 in any other case.
Other Conditions
6
1
The conditions specified in this regulation are–
a
that the student, unless he was educated otherwise than at school, was during the 1998–9 or 1999–2000 school year in a class in which the majority of students reached the age of 16;
b
that–
i
a parent of the student has signed an education maintenance allowance learning agreement, unless the student is an independent student or a looked after student when he starts to attend the institution; or
ii
a person nominated by the relevant authority has signed an education maintenance allowance learning agreement, if the student is a looked after student when he starts to attend the institution,
in each case relating to the student and to the institution which the student attends (or, if the student attends more than one institution, relating to each institution which the student attends); and
c
that the student and the student’s parents provide the relevant authority with such information and make such declarations as the authority may reasonably require.
2
Where a student is to be educated otherwise than at an institution paragraph (1)(b) shall have effect as if references to attending the institution had effect as references to being educated otherwise than at an institution and the reference to the institution which the pupil attends had effect as a reference to the education which the student is to be provided with.
Meaning of education maintenance allowance learning agreement
7
1
For the purposes of these Regulations an education maintenance allowance learning agreement is a document–
a
specifying responsibilities which the institution intends to discharge in connection with the education of the student in question;
b
specifying, unless the student is an independent student, the responsibilities which the parents of the student are expected to discharge in connection with the education of the student in question; and
c
specifying or providing for the specification of the institution’s expectations of the student, that is to say the expectations of the institution as regards–
i
attendance,
ii
the completion of tasks assigned to the student,
iii
the conduct of the student,
iv
any other appropriate matter; and
d
which states the effect of regulations 8, 9 and 10.
2
Where a student is to be educated other than at an institution paragraph (1) shall have effect as if–
a
for “the institution” there were substituted “the local education authority”; and
b
sub-paragraph (c)(i) were omitted.
Weekly allowance
8
1
Subject to paragraphs (2) and (3) an allowance (“a weekly allowance”) may be paid in respect of each week during which the student–
a
is in full-time education at a relevant educational establishment for the purpose of being provided with education which is not advanced education;
b
is being educated otherwise than at an institution, is being provided with education which is not advanced education and in the opinion of the relevant authority in question is in full-time education; or
c
is undertaking unsupervised study for the purpose of preparation for an examination which he is entering in connection with the education referred to in sub-paragraph (a) or (b).
2
No weekly allowance shall be paid–
a
in respect of any week any part of which falls outside the term of the institution which the student attends;
b
in respect of any week if the institution has notified the relevant authority that in their opinion the student has without good reason failed to attend the institution or do any other thing that is expected of him in accordance with the learning agreement;
c
in respect of the week in which the pupil reaches the age of 20 or any subsequent week;
d
in a case where regulation 5(4) applies and the relevant authority determines after the beginning of the academic year that the condition contained in regulation 5(1) is to be treated as satisfied, in respect of any week in a term before the term following the date on which the relevant authority so determine;
e
if payment of a weekly allowance has already been made in respect of the relevant number of terms;
f
if payment of a weekly allowance has already been made, or would have been made but for sub-paragraph (b), in respect of 38 weeks in the academic year in question; or
g
in respect of any week in which the student is in receipt of a jobseeker’s allowance (payable under the Jobseekers Act 1995) or a training allowance.
3
For the purpose of paragraph (2)(e)
a
a payment of a weekly allowance is made “in respect of” a term if a payment is made or would have been made but for paragraph (2)(b) in respect of any week falling within that term;
b
the relevant number of terms is–
i
where, during the school year in which he ceased to be of compulsory school age, the student had a statement of special educational needs made under section 324 of the Education Act 1996, three times the number of terms in each academic year; and
ii
in any other case, twice the number of terms in each academic year;
c
in a case where regulation 5(4) applies and the relevant authority determines after the beginning of the academic year that the condition contained in regulation 5(1) is to be treated as satisfied, payment of a weekly allowance shall be treated as having been made in respect of each term in the academic year in which the relevant authority so determines.
4
Where a student is educated otherwise than at an institution paragraph (2) shall have effect as if–
a
sub-paragraph (a) were omitted; and
b
for sub-paragraph (b) there were substituted–
b
in respect of any week if the relevant authority are of the opinion that the student has without good reason failed to do anything that is expected of him in accordance with the learning agreement;
.
5
In the regulation “training allowance” means a payment made by the Secretary of State to a person in connection with his use of facilities arranged by the Secretary of State pursuant to section 2 of the Employment and Training Act 1973 .
Termly bonus
9
1
Except where paragraph (2) or (3) applies, and subject to paragraph (4), an allowance (“a termly bonus”) may be paid in respect of any term where the institution has notified the relevant authority that in its opinion the student has attended the institution for 95% of the hours for which he is expected to attend in accordance with the learning agreement and has otherwise done everything else expected of him under the learning agreement or had good reason for failing to do so.
2
Where a student has attended more than one institution a termly bonus may, subject to paragraph (4), be paid in respect of any term where–
a
the local education authority determine (in the light of notifications from the institutions giving their opinion as to the numbers of hours for which the student has attended the institution and the number of hours for which he is expected to attend the institution in accordance with the learning agreement) that the student has attended the institutions taken together for 95% of the aggregate of the hours which he is expected to attend in accordance with the learning agreements; and
b
each institution has notified the relevant authority that the pupil has otherwise done everything else expected of him under the learning agreement.
3
Where a student is educated otherwise than at an institution a termly bonus may, subject to paragraph (4), be paid in respect of any term where the local education authority are of the opinion that the student has done everything expected of him under the learning agreement.
4
No termly bonus shall be paid–
a
in respect of any term which starts after the student has reached the age of 20; or
b
if a weekly allowance cannot be paid in respect of any week in that term by reason of regulation 8(2)(e)
Achievement bonus
10
1
Subject to paragraph (2) an allowance (“an achievement bonus”) may be paid in respect of any student who achieves any learning goal arising from being in full time education.
2
No achievement bonus shall be paid–
a
in respect of any learning goal where the course which led to the achievement of such learning goal started after the pupil reached the age of 20;
b
if an achievement bonus has already been paid–
i
three times, where during the school year in which he ceased to be of compulsory school age, the student had a statement of special educational needs made under section 324 of the Education Act 1996; or
ii
twice in any other case; or
c
if an achievement bonus has already been paid in respect of another learning goal where the course which led to that learning goal ended in the same academic year as the course which led to the learning goal in question.
3
In this regulation “learning goal” means a standard of achievement (whether taking the form of a qualification or not) which is specified in relation to the student in the education maintenance allowance learning agreement.
Tessa Blackstone
Minister of State,
Department for Education and Employment
29th July 1999


text:
Citation and commencement
1
This Order may be cited as the Education (National Curriculum) (Key Stage 1 Assessment Arrangements) (England) (Amendment) Order 1999 and shall come into force on 16th August 1999.
Amendment of Order
2
1
The Education (National Curriculum) (Key Stage 1 Assessment Arrangements) (England) Order 1999 shall be amended as follows.
2
In article 4(4) (teacher assessment) there shall be substituted for the reference to “section 4(2)(a) and (b)” a reference to “section 356(2)(a) and (b)”.
3
There shall be substituted for paragraph (1) of article 7 (further assessment: English and mathematics), the following paragraph–
1
Where in the opinion of his head teacher a pupil’s level of attainment in mathematics or, in the case of English, AT2 (Reading) or AT3 (Writing) or both, would, if the pupil were assessed by the administration to him of the NC tests for mathematics or, in the case of English, AT2 (Reading) or AT3 (Writing) or both, as the case may be, laid down for the purposes of the Education (National Curriculum) (Assessment Arrangements for the Core Subjects) (Key Stage 2) (England) Order 1999 , be level 4 or higher, it shall be the duty of the head teacher to make arrangements for the pupil to be assessed in mathematics or, AT2 (Reading) or AT3 (Writing) or both, as the case may be, by the administration to him of those tests at such time as is specified by the Secretary of State pursuant to article 11; and article 5(3) and (5) (apart from the words “Subject to article 7”) of that Order shall apply in relation to that pupil accordingly.
.
Estelle Morris
Minister of State,
Department for Education and Employment
9th August 1999


text:
1
This Order may be cited as the Curfew Order (Responsible Officer) (Amendment) Order 1999 and shall come into force on 28th January 1999.
2
1
The Curfew (Responsible Officer) Order 1997 is amended as follows.
2
In article 3, the words “Berkshire,” and “, the London Borough of Barnet, Brent, Ealing, Enfield, Haringey, Harrow, Hillingdon or Hounslow,” shall be omitted.
3
After article 3, there shall be inserted —
3A
1
Where a curfew order specifies a place in Berkshire as a place of curfew the responsible officer shall be an employee of Securicor Custodial Services Limited of Sutton Park, 15 Carshalton Road, Sutton, Surrey SM1 4LD or of GSSC of Europe, Limited of Carmelite, 50 Victoria Embankment, London EC4Y 0DX.
2
On and after 28th February 1999, paragraph (1) shall have effect as if the words “of Securicor Custodial Services Limited of Sutton Park, 15 Carshalton Road, Sutton, Surrey SM1 4LD or” were omitted.
3B
1
Where a curfew order specifies a place in the London Borough of Barnet, Brent, Ealing, Enfield, Haringey, Harrow, Hillingdon or Hounslow as a place of curfew the responsible officer shall be an employee of Securicor Custodial Services Limited of Sutton Park, 15 Carshalton Road, Sutton, Surrey SM1 4LD or of Premier Monitoring Services Limited of Centennial Court, Easthampstead Road, Bracknell, Berkshire RG12 1YQ.
2
On and after 28th February 1999, paragraph (1) shall have effect as if the words “of Securicor Custodial Services Limited of Sutton Park, 15 Carshalton Road, Sutton, Surrey SM1 4LD or” were omitted.
.
Gareth Williams
Minister of State
Home Office
8th January 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North West London Hospitals National Health Service Trust (Establishment) Order 1999 and shall come into force on 1st April 1999.
2
In this Order, unless the context otherwise requires–
“ the Act ” means the National Health Service and Community Care Act 1990;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the North West London Hospitals National Health Service Trust established by article 2 of this Order.
Establishment and name of the trust
2
There is hereby established an NHS trust which shall be called the North West London Hospitals National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions shall be:–
a
save for the facilities mentioned in sub-paragraph (b) below, to own and manage pursuant to section 5(1)(a) of the Act Central Middlesex Hospital, Acton Lane, Park Royal, London NW10 7NS, Northwick Park Hospital, Watford Road, Harrow, Middlesex HA1 3UL, St. Mark’s Hospital, Watford Road, Harrow, Middlesex HA1 3UJ, and associated hospitals, establishments and facilities (including teaching and research facilities), and there to provide and manage hospital accommodation and services; and
b
to provide and manage pursuant to section 5(1)(b) of the Act the Ambulatory Care and Diagnostic Centre, Central Middlesex Hospital, Acton Lane, Park Royal, London NW10 7NS and the vascular and breast surgery centre at St. Mark’s Hospital, Watford Road, Harrow, Middlesex HA1 3UJ, and there to provide and manage hospital accommodation and services.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Significant teaching commitment
5
1
The trust is to be regarded as having a significant teaching commitment by virtue of paragraph 3(2)(a) of Schedule 2 to the Act.
2
One of the non-executive directors of the trust shall be appointed from the University of London.
Operational date and accounting date of the trust
6
1
The operational date of the trust shall be 1st April 1999.
2
The accounting date of the trust shall be 31st March.
Restriction on disposal of assets
7
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
19th March 1999


text:
1
These Regulations may be cited as the Goods Infringing Intellectual Property Rights (Customs) Regulations 1999 and shall come into force on 1st July 1999.
2
In these Regulations–
“application” means an application under Article 3(1) of the Council Regulation, and “applicant” shall be construed accordingly;
“business day” has the meaning given in section 92 of the Bills of Exchange Act 1882 ;
“the Commissioners” means the Commissioners of Customs and Excise;
“Community trademark” means a trademark as defined in Council Regulation ( EC ) No. 40/94 ;
“the Council Regulation” means Council Regulation (EC) No. 3295/94 , as amended by Council Regulation (EC) No. 241/1999 , laying down measures concerning the entry into the Community and the export and re-export from the Community of goods infringing certain intellectual property rights;
“decision” means a decision granting an application in accordance with Article 3(5) of the Council Regulation;
“goods infringing an intellectual property right” has the meaning given by Article 1(2)(a) of the Council Regulation (counterfeit goods, pirated goods and goods infringing a patent or supplementary protection certificate), and “intellectual property right” shall be construed accordingly.
3
Except where it specifies a Community trademark which the applicant holds or is authorised to use and seeks action by the customs authorities of another member State, an application made to the Commissioners shall be in the form set out in the Schedule to these Regulations, or a form to the like effect approved by the Commissioners, containing full particulars of the matters specified therein.
4
1
The applicant shall give to the Commissioners such security or further security, within such time and in such manner, whether by deposit of a sum of money or guarantee, as the Commissioners may require, against the matters mentioned in paragraph (2) below.
2
The matters against which security or further security shall be given are all actions, proceedings, claims and demands whatsoever which may be taken or made against, or costs and expenses which may be incurred by, the Commissioners in consequence of the detention of, or anything done in relation to, any goods to which the application or decision relates.
5
In every case, whether any security or further security is given or not, the applicant shall keep the Commissioners indemnified against all such liability and expense as is mentioned in regulation 4(2) above and in particular shall repay to them all expense which may be incurred by them in consequence of the detention of, or anything done in relation to, any goods to which the application or decision relates.
6
1
Where a decision is given, the applicant shall pay the Commissioners a fee of the relevant amount in relation to each of the following–
a
the period specified in the decision; and
b
any period by which that period is extended.
2
The fee mentioned in paragraph (1) above shall be payable notwithstanding that the application is not made to the Commissioners but–
a
the application specifies a Community trademark which the applicant holds or is authorised to use;
b
the application has been made to the customs authorities of another member State;
c
the application seeks action by the Commissioners; and
d
a decision granting the application has been forwarded to the Commissioners in accordance with Article 5(2) of the Council Regulation.
3
For the purposes of this regulation the relevant amount is–
a
for a period not exceeding one month, £200 plus VAT ;
b
for a period not exceeding three months, £400 plus VAT;
c
for a period not exceeding six months, £700 plus VAT;
d
for a period not exceeding twelve months, £1,200 plus VAT; or
e
for a period of or exceeding twelve months–
i
£1,200 plus VAT for each complete period of twelve months, and
ii
an amount calculated in accordance with sub-paragraphs (a) to (d) above for any additional period.
7
In the event that the Commissioners require the applicant to examine a sample of detained goods which appear to them both to correspond to the description of goods contained in a decision and to be goods infringing an intellectual property right the applicant shall, within 10 business days from the date of the request by the Commissioners, or within such further time, not exceeding 10 business days, as the Commissioners may allow, provide such information as the Commissioners may require in order to be satisfied that the sample is comprised of goods infringing an intellectual property right.
8
A decision shall have no effect or no further effect where–
a
the applicant has failed to comply with any of the requirements of these Regulations;
b
any change, following the making of the application, which takes place in the ownership or authorised use of the intellectual property right specified in the application, is not communicated in writing to the Commissioners; or
c
the intellectual property right specified in the application expires.
9
The Counterfeit and Pirated Goods (Customs) Regulations 1995 are hereby revoked.
A.R. Rawsthorne
Commissioner of Customs and Excise
New King’s Beam House 22,
Upper Ground London SE1 9PJ
9th June 1999