text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Miscellaneous Amendments) (No. 2) Regulations 1998 and shall come into force on 20th March 1998.
Amendment of the Social Security (Miscellaneous Amendments) Regulations 1998
2
In regulation 1(1) of the Social Security (Miscellaneous Amendments) Regulations 1998 for the words “and regulation 16” there shall be substituted the words “and regulations 2, 3, 16, 18(2)(a) and (d) to (g) and 18(1) in so far as it relates those sub-paragraphs”.
Signed by authority of the Secretary of State for Social Security.
John Y. Denham
Parliamentary Under-Secretary of State,
Department of Social Security
19th March 1998


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Public Telecommunication System Designation (Frontel Communications Limited) Order 1998 and shall come into force on 3rd March 1998.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Barbara Roche,
Parliamentary Under Secretary of State for Small Firms, Trade and Industry,
Department of Trade and Industry
28th January 1998


text:
1
These Rules may be cited as the Prison (Amendment) Rules 1998 and shall come into force on 2nd February 1998.
2
After rule 43 of the Prison Rules 1964 there shall be inserted the following rule:
Close supervision centres
43A
1
Where it appears desirable, for the maintenance of good order or discipline or to ensure the safety of of|fi|cers, prisoners or any other person, that a prisoner should not associate with other prisoners, either generally or for particular purposes, the Secretary of State may direct the prisoner’s removal from association accordingly and his placement in a close supervision centre of a prison.
2
A direction given under paragraph 1 of this rule shall be for a period not exceeding one month, but may be renewed from time to time for a like period.
3
The Secretary of State may direct that such a prisoner as aforesaid shall resume association with other prisoners, either within a close supervision centre or elsewhere.
4
In exercising any discretion under this rule, the Secretary of State shall take account of any relevant medical considerations which are known to him.
.
Jack Straw
One of Her Majesty’s Principal Secretaries of State
Home Office
9th January 1998


text:
Citation
1
This Order may be cited as the Broadcasting (Percentage of National Radio Multiplex Revenue) Order 1998.
Percentage
2
No percentage of multiplex revenue shall be specified under paragraph (h) of section 46(1) of the Broadcasting Act 1996 in relation to any notice published by the Authority in pursuance of that section while this Order is in force.
Commencement and Duration
3
This Order shall come into force on 19th February 1998 and shall cease to have effect on 31st December 2006.
Chris Smith
Secretary of State for Culture, Media and Sport
28th January 1998


text:
Citation, commencement and interpretation
1
1
These Rules may be cited as the Secure Training Centres (Escorts) Rules 1998 and shall come into force on 16th April 1998.
2
In these Rules —
a
“officer” means a custody officer who is authorised to perform escort functions in accordance with section 12 of the 1994 Act ;
b
“offender” means an offender for whose delivery or custody an officer is responsible in pursuance of escort arrangements;
c
“the 1994 Act” means the Criminal Justice and Public Order Act 1994.
Search
2
1
An officer shall only search an offender when it appears necessary to do so in the interests of security, good order or discipline.
2
An offender shall be searched in as seemly a manner as is consistent with discovering anything concealed.
3
An offender shall not be searched when he is exposed to public observation unless it appears to an officer that that is necessary.
4
An offender shall not be stripped and searched in the sight of any person other than the officers who are present during the search.
5
A minimum of two officers shall be present when an offender is being searched.
Well-being
3
1
The following provisions of this rule shall have effect with respect to the performance by officers of their duty under paragraph 3(3)(d) of Schedule 1 to the 1994 Act to attend to the well-being of offenders.
2
An officer shall at all times take into account an offender’s health, both physical and mental, and any relevant history (whether of violence or self-harm on the part of an offender or any other special circumstances), so far as they are known to the officer; and he shall ensure that an offender is provided with medical attention where necessary and that medical advice is sought before commencing delivery where there is any doubt as to an offender’s fitness to travel.
3
An officer shall ensure that adequate supplies of food, of a suitable, wholesome and nutritious nature, and drink, are provided to the offender during the period of delivery or custody, having regard to any special dietary requirements of which the officer is aware.
4
An officer shall ensure that an offender has an opportunity to observe any requirements of his stated religion during the period of delivery or custody.
Jack Straw
One of Her Majesty’s Principal Secretaries of State
Home Office
27th February 1998


text:
Citation and commencement
1
This Order may be cited as the Merchant Shipping (Oil Pollution) (Montserrat) Order 1998 and shall come into force on 20th May 1998.
Implementation of the Liability and Fund Conventions
2
Sections 152 to 170 and 172 to 181 of, and Schedule 5 to, the Merchant Shipping Act 1995, subject to the exceptions, adaptations and modifications specified in the Schedule to this Order, shall extend to Montserrat, and any instrument made, or to be made, under section 152(2), 157(2), 157(4), 172(2) or 176(5) shall also extend to Montserrat.
Revocations
3
The following Orders are hereby revoked —
a
The Merchant Shipping (Oil Pollution) (Montserrat) Order 1975 ;
b
The Merchant Shipping (Oil Pollution) (Montserrat) Order 1981 .
N. H. Nicholls
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Non-Contentious Probate Fees Order 1999 and shall come into force on 26th April 1999.
Interpretation
2
In this Order, unless the context otherwise requires–
a
a fee referred to by number means the fee so numbered in Schedule 1 to this Order;
b
“assessed value” means the value of the net real and personal estate (excluding settled land if any) passing under the grant as shown–
i
in the Inland Revenue affidavit (for a death occurring before 13th March 1975), or
ii
in the Inland Revenue account (for a death occurring on or after 13th March 1975), or
iii
in a case in which, in accordance with arrangements made between the President of the Family Division and the Commissioners of Inland Revenue, or regulations made under section 256(1)(a) of the Inheritance Tax Act 1984 and from time to time in force, no such affidavit or account is required to be delivered, in the oath which is sworn to lead to the grant,
and in the case of an application to reseal a grant means the value, as so shown, passing under the grant upon its being resealed;
c
“authorised place of deposit” means any place in which, by virtue of a direction given under section 124 of the Supreme Court Act 1981 original wills and other documents under the control of the High Court (either in the principal registry or in any district registry) are deposited and preserved;
d
“grant” means a grant of probate or letters of administration;
e
“district registry” includes the probate registry of Wales, any district probate registry and any subregistry attached to it;
f
“the principal registry” means the Principal Registry of the Family Division and any sub-registry attached to it.
Fees to be taken
3
The fees set out in column 2 of Schedule 1 to this Order shall be taken in the principal registry and in each district registry in respect of the items described in column 1 in accordance with and subject to any directions specified in column 1.
Exclusion of certain death gratuities
4
In determining the value of any personal estate for the purposes of this Order there shall be excluded the value of a death gratuity payable under section 17(2) of the Judicial Pensions Act 1981 or section 4(3) of the Judicial Pensions and Retirement Act 1993 , or payable to the personal representatives of a deceased civil servant by virtue of a scheme made under section 1 of the Superannuation Act 1972 .
Exemptions, reductions and remissions
5
1
Where it appears to the Lord Chancellor that the payment of any fee prescribed by this Order would, owing to the exceptional circumstances of the particular case, involve undue hardship, he may reduce or remit the fee in that case.
2
Where by any convention entered into by Her Majesty with any foreign power it is provided that no fee shall be required to be paid in respect of any proceedings, the fees specified in this Order shall not be taken in respect of those proceedings.
3
Where any application for a grant is withdrawn before the issue of a grant, a registrar may reduce or remit a fee.
4
Fee 7 shall not be taken where a search is made for research or similar purposes by permission of the President of the Family Division for a document over 100 years old filed in the principal registry or a district registry or another authorised place of deposit.
Revocations
6
The Orders specified in Schedule 2 shall be revoked, except as to any fee or other sum due or payable under those Orders before the commencement of this Order.
Irvine of Lairg, C.
Dated 5th March 1999
We concur,
Bingham of Cornhill, C.J.,
Woolf, M. R.,
Stephen Brown, P.,
Richard Scott, V.-C.
Dated 2nd March 1999
We concur,
Clive J.C. Betts
Bob Ainsworth
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 8th March 1999


text:
1
These Regulations may be cited as the Civil Aviation (Navigation Services Charges) (Fourth Amendment) Regulations 1999 and shall come into force on 1st January 2000.
2
The Civil Aviation (Navigation Services Charges) Regulations 1998 shall be amended as follows:
In regulation 2(1) for the Table there shall be substituted the following Table —
TABLE
Column 1 Column 2
Heathrow-London For each metric tonne and for each fraction of a metric tonne up to 100 metric tonnes £1.08 For each additional metric tonne, and for each fraction of a metric tonne, over 100 metric tonnes £0.44 Gatwick-London For each metric tonne and for each fraction of a metric tonne up to 100 metric tonnes £1.08 For each additional metric tonne, and for each fraction of a metric tonne, over 100 metric tonnes £0.44 Stansted-London For each metric tonne and for each fraction of a metric tonne up to 100 metric tonnes £1.08 For each additional metric tonne, and for each fraction of a metric tonne, over 100 metric tonnes £0.44 Aberdeen (Dyce) £2.92 Edinburgh £1.67 Glasgow £1.90
Signed by authority of the Secretary of Statefor the Environment, Transport and the Regions
Chris Mullin
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
24th November 1999
We consent to the making of these Regulations
Greg Pope
David Jamieson
Two of the Lords Commissioners of Her Majesty’s Treasury
2nd December 1999


text:
Citation and commencement
1
1
This Order may be cited as the Occupational Pensions (Revaluation) Order 1999.
2
This Order shall come into force on 1st January 2000.
The revaluation percentage for each revaluation period
2
For the purposes of paragraph 2(1) of Schedule 3 to the Pension Schemes Act 1993, the revaluation percentage for each revaluation period specified in column 1 below is the percentage specified in column 2 in relation to that period.
Column 1 Column 2 Revaluation period Revaluation percentage
1st January 1986–31st December 1999 74.3% 1st January 1987–31st December 1999 69.1% 1st January 1988–31st December 1999 62.3% 1st January 1989–31st December 1999 53.5% 1st January 1990–31st December 1999 42.7% 1st January 1991–31st December 1999 28.7% 1st January 1992–31st December 1999 23.6% 1st January 1993–31st December 1999 19.3% 1st January 1994–31st December 1999 17.2% 1st January 1995–31st December 1999 14.7% 1st January 1996–31st December 1999 10.4% 1st January 1997–31st December 1999 8.1% 1st January 1998–31st December 1999 4.3% 1st January 1999–31st December 1999 1.1%
Signed by authority of the Secretary of State for Social Security.
Jeff Rooker
Minister of State,
Department of Social Security
23rd November 1999


text:
Citation and Commencement
1
These Regulations may be cited as the Education (Further Education in Schools) Regulations 1999 and shall come into force on 1st September 1999.
Presence of a teacher necessary
2
1
The circumstances referred to in section 80(2) of the School Standards and Framework Act 1999 shall be that a teacher is present in the room.
2
For the purposes of paragraph (1) a teacher means a member of the teaching staff of —
a
a school maintained by a local education authority;
b
an institution maintained or assisted by a local education authority other than a school;
c
a city technology college; or
d
an institution within the further education sector.
3
For the purposes of paragraph (1) a teacher shall be considered to be present in the room at a particular time even though no teacher is present if–
a
it would be impractical to secure the presence of a teacher in the room at that time; and
b
the absence of a teacher at that time has not lasted more than five minutes.
Revocation
3
The Education (Further Education in Schools) Regulations 1993 are hereby revoked.
Estelle Morris
Minister of State,
Department for Education and Employment
23rd June 1999
Peter Hain
Parliamentary Under Secretary of State, Welsh Office.
26th June 1999


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Institute for Clinical Excellence Regulations 1999 and shall come into force on 26th February 1999.
2
In these Regulations–
“ the Act ” means the National Health Service Act 1997;
“ the Institute ” means the National Institute for Clinical Excellence established by the Order ;
“chairman” means the chairman of the Institute;
“health service body” shall be construed in accordance with section 4 of the National Health Service and Community Care Act 1990 ;
“member” means a member of the Institute other than the chairman;
“non-officer member” and “officer member” mean respectively, a member who is not, and one who is, an officer of the Institute;
“the Order” means the National Institute for Clinical Excellence (Establishment and Constitution) Order 1999 .
3
In these Regulations, unless the context otherwise requires, any reference to a numbered regulation is a reference to the regulation bearing that number in these Regulations, and any reference in a regulation to a numbered paragraph is a reference to the paragraph bearing that number in that regulation.
Appointment of Chairman and Members
2
1
The chairman and non-officer members shall be appointed by the Secretary of State.
2
Subject to regulation 8 (termination of tenure of office), the term of office of the chairman and of non-officer members shall be such period, not exceeding five years, as the Secretary of State shall specify on making the appointment.
3
Subject to regulation 5 (disqualification for appointment), the chairman and any non-officer member shall, on the termination of his office, be eligible for re-appointment.
Appointment of Vice-Chairman
3
1
Subject to paragraph (2), the chairman and members may appoint one of the non-officer members to be vice-chairman for such period, not exceeding the remainder of his term as a member, as they may specify on appointing him.
2
Any member so appointed may at any time resign from the office of vice-chairman by giving notice in writing to the chairman.
3
Where the chairman has died or has ceased to hold office, or where he is unable to perform his duties as chairman owing to illness, absence from England and Wales or any other cause, references to the chairman in the Schedule to these Regulations shall, so long as there is no chairman available to perform his duties, be taken to include references to the vice-chairman.
Appointment of Chief Officers
4
1
The Institute shall appoint four officers who should include a chief officer, a chief finance officer and a clinical director.
2
The appointment of the chief officer shall be subject to the approval of the Secretary of State.
Disqualification for Appointment
5
1
Subject to regulation 6 (cessation of disqualification), a person shall be disqualified for appointment as the chairman or as a non-officer member if —
a
he has within the preceding five years been convicted in the United Kingdom, the Channel Islands or the Isle of Man 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
he has been adjudged bankrupt or has made a composition or arrangement with his creditors;
c
he has been dismissed, otherwise than by reason of redundancy, from any paid employment with a health service body;
d
he is a person whose tenure of office as the chairman or as a member or director of a health service body has been terminated on the grounds that —
i
it was not in the interests of the health service body or of the health service that he should continue to hold that office, or
ii
he failed, without reasonable cause, to attend any meeting of that health service body for a period of three months; or
e
he has had his name removed, by a direction under section 46 of the Act, from any list prepared under Part II of the Act, and has not subsequently had his name included in such a list.
2
For the purposes of paragraph (1)(a), the date of conviction shall be deemed to be the date on which the ordinary period allowed for making an appeal or application with respect to the conviction expires or, if such an appeal or application is made, the date on which the appeal or application is finally disposed of or abandoned or fails by reason of its not being prosecuted.
3
For the purposes of paragraph (1)(c) a person shall not be treated as having been in paid employment by reason only of his having been the chairman or a member or director of a health service body.
Cessation of Disqualification
6
1
Where a person is disqualified under regulation 5(1)(b) by reason of having been adjudged bankrupt–
a
if the bankruptcy is annulled on the ground that he ought not to have been adjudged bankrupt or on the ground that his debts have been paid in full, the disqualification shall cease on the date of the annulment;
b
if he is discharged, the disqualification shall cease on the date of his discharge.
2
Where a person is disqualified under regulation 5(1)(b) by reason of his having made a composition or arrangement with his creditors —
a
if he pays his debts in full, the disqualification shall cease on the date on which such payment is completed; and
b
in any other case, it shall cease on the expiry of the period of five years beginning on the date on which the terms of the deed of composition or arrangement are fulfilled.
Termination and Suspension of Tenure of Office of Officer Members
7
1
An officer member shall cease to hold office as a member where he ceases to hold one of the offices in the Institute specified in article 4(c) of the Order.
2
If an officer member is suspended from his post in the Institute he shall be suspended from performing his functions as a member during the period of his suspension.
Termination of Tenure of Office of Chairman and Non-Officer Members
8
1
The chairman or a non-officer member may resign his office at any time during his term of office, by giving notice in writing to the Secretary of State.
2
Where during his term of office a non-officer member is appointed to be the chairman, his tenure of office as a non-officer member shall terminate when his appointment as chairman takes effect.
3
Where the Secretary of State is of the opinion that it is not in the interests of the Institute or of the health service that the chairman or a non-officer member should continue to hold that office, he may forthwith terminate his tenure of office by giving him notice in writing to that effect.
4
If the chairman or a non-officer member fails to attend any meeting of the Institute for a period of three months the Secretary of State shall forthwith terminate that person’s tenure of office unless he is satisfied that–
a
the absence was due to a reasonable cause; and
b
the person in question will be able to attend meetings of the Institute within such a period as the Secretary of State considers reasonable.
5
Where a person has been appointed to be the chairman or a non-officer member, and–
a
he becomes disqualified for appointment under regulation 5, the Secretary of State shall forthwith notify him in writing of such disqualification; or
b
it comes to the notice of the Secretary of State that at the time of his appointment he was so disqualified, he shall forthwith declare that the person in question was not duly appointed and notify him in writing to that effect;
and upon receipt of any such notification, his tenure of office, if any, shall be terminated and he shall cease to act as such chairman or member.
6
If it appears to the Secretary of State that the chairman or a non-officer member has failed to comply with regulation 12 (disability on account of pecuniary or other personal interest) he may forthwith terminate that person’s tenure of office by giving him notice in writing to that effect.
Appointment of Committees and Sub-Committees
9
1
The Institute shall, in accordance with directions given by the Secretary of State, appoint the following committees–
a
a committee to be known as the Partners Council to advise the Institute in relation to such matters as the Institute may refer to them;
b
a committee to be known as the Appraisal Committee to advise the Institute on such matters relating to the use of new and existing technology in the health service as the Institute may refer to them.
2
The chairman of the Institute shall be the chairman of the Partners Council.
3
The other members of the Partners Council and the members of the Appraisal Committee may be drawn wholly or partly from members of the Institute or wholly from persons who are not members of the Institute and their appointments shall be subject to the approval of the Secretary of State.
4
Subject to such directions as may be given by the Secretary of State, the Institute may, and if so directed by him shall, appoint other committees of the Institute consisting wholly or partly of members of the Institute or wholly of persons who are not members of the Institute.
5
A committee appointed under this regulation may, subject to such directions as may be given by the Secretary of State or the Institute, appoint sub-committees consisting wholly or partly of members of the committee (whether or not they are members of the Institute) or wholly of persons who are not members of the Institute or the committee.
Arrangements for the Exercise of Functions
10
Subject to such directions as may be given by the Secretary of State, the Institute may make arrangements for the exercise, on behalf of the Institute of any of its functions by a committee or sub-committee appointed by virtue of regulation 9 or by an officer of the Institute, in each case subject to such restrictions and conditions as the Institute thinks fit.
Meetings and Proceedings
11
1
The meetings and proceedings of the Institute shall be conducted in accordance with the rules set out in the Schedule to these Regulations and with Standing Orders made under paragraph (2).
2
Subject to those rules, to regulation 12 (disability on account of pecuniary or other personal interest) and to such directions as may be given by the Secretary of State, the Institute shall make, and may vary or revoke, Standing Orders for the regulation of its proceedings and business, including provision for the suspension of the Standing Orders or any of them.
3
Subject to such directions as may be given by the Secretary of State, the Institute may make, vary and revoke Standing Orders relating to the quorum, proceedings and place of meeting of any committee or sub-committee of the Institute; but, subject to any such Standing Orders, the quorum, proceedings and place of meeting shall be such as the committee or sub-committee may determine.
Disability of Chairman and Members in Proceedings on Account of Pecuniary or Other Personal Interest
12
1
Subject to the following provisions of this regulation, if the chairman or a member has any pecuniary or other personal interest, direct or indirect, in any matter and is present at any meeting of the Institute at which the matter is the subject of consideration, he shall at the meeting and as soon as practicable after its commencement, disclose his interest and shall not take part in the consideration or discussion of the matter or vote on any question with respect to it.
2
The Secretary of State may, subject to such conditions as he may think fit to impose, remove any disability imposed by this regulation in any case in which it appears to him in the interests of the health service that the disability should be removed.
3
The Institute may, by Standing Orders made under regulation 11(2), provide for the exclusion of the chairman or a member from a meeting of the Institute while any matter in which he has a pecuniary or other personal interest, direct or indirect, is under consideration.
4
Any remuneration, compensation or allowances payable to the chairman or a member by virtue of paragraph 9 of Schedule 5 to the Act (pay and allowances) shall not be treated as a pecuniary or other personal interest for the purpose of this regulation.
5
Subject to paragraphs (2) and (6), the circumstances in which the chairman or a member shall be treated for the purpose of this regulation as having an indirect pecuniary or other personal interest in a matter include–
a
if he, or a nominee of his, is a director of a company or other body, not being a public body, which has a direct pecuniary interest in the matter under consideration; or
b
if he is a partner of, or is in the employment of, a person who has a direct pecuniary interest in the matter under consideration;
and in the case of married persons living together the interest of one spouse shall, if known to the other, be deemed for the purpose of this regulation to be also an interest of the other.
6
Neither the chairman nor a member shall be treated as having a pecuniary or other personal interest in any matter by reason only–
a
of his membership of a company or other body if he has no beneficial interest in any securities of that company or other body; or
b
of an interest which is so remote or insignificant that it cannot reasonably be regarded as likely to influence him in the consideration or discussion of, or in voting on, any question with respect to that matter.
7
Where the chairman or a member–
a
has a pecuniary or other personal interest in a matter by reason only of a beneficial interest in securities of a company or other body; and
b
the total nominal value of those securities does not exceed £5,000 or one-hundredth of the total nominal value of the issued share capital of the company or body, whichever is the lesser; and
c
if the share capital is of more than one class, the total nominal value of shares of any one class in which he has a beneficial interest does not exceed one-hundredth of the total issued share capital of that class,
this regulation shall not prohibit him from taking part in the consideration or discussion of the matter, or from voting on any question with respect to it, without prejudice however to his duty to disclose his interest.
8
This regulation applies to a committee or sub-committee as it applies to the Institute and applies to a member of any such committee or sub-committee (whether or not he is also a member of the Institute) as it applies to a member of the Institute.
9
In this regulation–
“public body” includes
any body established for the purpose of carrying on, under national ownership, any industry or undertaking or part of any industry or undertaking;
the governing body of any university, university college or college school or hall of a university; and
the National Trust for Places of Historic Interest or Natural Beauty incorporated by the National Trust Act 1907 ;
“securities” mean–
shares or debentures, whether or not constituting a charge on the assets of a company or other body, or rights or interests in any share or such debentures; or
rights (whether actual or contingent) in respect of money lent to, or deposited with, any industrial or provident society or building society;
“shares” means shares in the share capital of a company or other body of the stock of a company or other body.
Reports by the Institute
13
The Institute shall make reports to the Secretary of State in such manner and at such time as the Secretary of State may direct, and shall furnish to the Secretary of State such information as he may from time to time require.
Public Meeting
14
If, in pursuance of regulation 13, the Secretary of State directs the Institute to make an annual report to him for any particular year or for each year, the Institute shall present the report at a public meeting held not later than 30 days after the date on which the report was made.
Frank Dobson
One of Her Majesty’s Principal Secretaries of State,
Department of Health
4th February 1999


text:
Citation and commencement
1
This Order may be cited as the Swindon and Marlborough National Health Service Trust (Establishment) Amendment Order 1999 and shall come into force on 22nd March 1999.
Amendment of NHS trust Establishment Order
2
In Article 3 of the Swindon and Marlborough National Health Service Trust (Establishment) Order 1993 (functions of the trust) there shall be inserted at the end of that Article:–
; and
c
to provide and manage pursuant to section 5(1)(b) of the Act the Hospital at Marlborough Road, Swindon SN3 6BB, and there to provide and manage hospital accommodation and services and from there to provide and manage community health services.
.
Signed by authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
8th March 1999


text:
PART I
PRELIMINARY
Citation and commencement
1
This Order may be cited as the Knowsley Industrial Park (Rail Terminal) Order 1999 and shall come into force on 24th December 1999.
Interpretation
2
1
In this Order —
“the 1961 Act ” means the Land Compensation Act 1961 ;
“the 1965 Act ” means the Compulsory Purchase Act 1965 ;
“the 1990 Act ” means the Town and Country Planning Act 1990 ;
“the 1991 Act ” means the New Roads and Street Works Act 1991 ;
“the 1992 Act” means the Transport and Works Act 1992;
“the Applications Rules ” means the Transport and Works (Applications and Objections Procedure) Rules 1992;
“authorised works” means the scheduled works and any other works authorised by this Order;
“the book of reference” means the book of reference described in rule 7(5) of the Applications Rules certified by the Secretary of State as the book of reference for the purposes of this Order;
“ the Council ” means Knowsley Metropolitan Borough Council;
“the deposited plans” means the composite plans prepared in pursuance of rule 7(1) and (3) of the Applications Rules certified by the Secretary of State as the deposited plans for the purposes of this Order and references to land shown on those plans are references to land so shown in pursuance of rule 7(3);
“the deposited sections” means the sections described in rule 7(2) of the Applications Rules certified by the Secretary of State as the deposited sections for the purposes of this Order;
“the limits of deviation” means the limits of lateral deviation for the scheduled works mentioned in article 4(a) below;
“the Liverpool Bolton and Bury Line” means so much of that part of the railway of Railtrack PLC known as the Liverpool Bolton and Bury Line as runs between Wigan Wallgate station and Kirkby station;
“maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace and “maintenance” shall be construed accordingly;
“owner”, in relation to land, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of land (whether in possession or reversion) and includes a person holding, or entitled to the rents and profits of, the land under a lease or tenancy having an unexpired term exceeding 3 years;
“the public open space and exchange land plans” means the two plans so headed and attached to the deposited plans;
“the scheduled works” means the works specified in Schedule 1 to this Order or any part of them;
“the telecommunications code” means Schedule 2 to the Telecommunications Act 1984 ; and
“ the tribunal ” means the Lands Tribunal.
2
References in this Order to rights over land include references to rights to do, or to place and maintain, anything in or on land or in the air-space over its surface.
3
Any reference in this Order to a work identified by the number of the work shall be construed as a reference to the work of that number authorised by this Order.
4
References in this Order to points identified by letters, with or without numbers, shall be construed as references to the points so lettered on the deposited plans.
5
All distances, directions and lengths stated in the description of the scheduled works or in any description of powers or lands shall be construed as if the words “or thereabouts” were inserted after each such distance, direction and length, and distances between points on a scheduled work shall be taken to be measured along that scheduled work.
PART II
WORKS PROVISIONS
Principal powers
Power to construct and maintain works
3
1
The Council may construct and maintain the scheduled works.
2
Subject to article 4 below, the scheduled works may only be constructed in the lines or situations shown on the deposited plans and in accordance with the levels shown on the deposited sections.
3
Subject to paragraph (5) below, the Council 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 for the strengthening, alteration or demolition of any building or structure;
b
works to alter the position of any apparatus, including mains, sewers, drains and cables;
c
works to alter the course of, or otherwise interfere with, non-navigable rivers, streams or watercourses;
d
landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the authorised works; and
e
facilities and works for the benefit or protection of land or premises affected by the authorised works.
4
Subject to paragraph (5) below, the Council may carry out and maintain such other works (of whatever nature) as may be necessary or expedient for the purposes of, in connection with or in consequence of, the construction of the scheduled works.
5
Paragraphs (3) and (4) above shall only authorise the carrying out or maintenance of works within the limits of deviation shown on the deposited plans for the scheduled works.
Power to deviate
4
In constructing or maintaining any of the scheduled works, the Council may —
a
deviate laterally from the lines or situations shown on the deposited plans within the limits of deviation relating to that work shown on those plans; and
b
deviate vertically from the levels shown on the deposited sections —
i
to any extent not exceeding 3 metres upwards; and
ii
to any extent downwards.
Streets and footpaths
Stopping up of footpath
5
1
The Council may, in connection with the construction of the authorised works, stop up the footpath specified in columns (1) and (2) of Schedule 2 to this Order to the extent specified, by reference to the letters and numbers shown on the deposited plans, in column (3) of that Schedule.
2
Upon that footpath being stopped up —
a
all rights of way over or along it shall be extinguished; and
b
the Council may, without making any payment, appropriate and use for the purposes of its undertaking authorised by this Order so much of the footpath that is stopped up.
Access to works
6
The Council may, for the purposes of the construction or operation of the scheduled works, form and lay out such means of access, within the limits of deviation, as may be approved by the highway authority, but such approval shall not be unreasonably withheld.
Supplemental
Discharge of water
7
1
The Council may use any watercourse or any public sewer or drain for the drainage of water in connection with the construction, operation or maintenance of the authorised works and for that purpose may lay down, take up and alter pipes and may, on any land within the limits of deviation, make openings into, and connections with, the watercourse, sewer or drain.
2
The Council shall not discharge any water into any watercourse, public sewer or drain except with the consent of the authority to which it belongs; and such consent may be given subject to such terms and conditions as the authority may reasonably impose but shall not be unreasonably withheld.
3
The Council shall not make any opening into any public sewer or drain except in accordance with plans approved by, and under the superintendence (if provided) of, the authority to which the sewer or drain belongs, but such approval shall not be unreasonably withheld.
4
The Council shall not, in the exercise of the powers conferred by this article, damage or interfere with the bed or banks of any watercourse forming part of a main river.
5
The Council shall take such steps as are reasonably practicable to secure that any water discharged into a watercourse or public sewer or drain under the powers conferred by this article is as free as may be practicable from gravel, soil or other solid substance or oil or matter in suspension.
6
This article does not authorise the entry into controlled waters of any matter whose entry or discharge into controlled waters is prohibited by section 85(1), (2) or (3) of the Water Resources Act 1991 .
7
In this article —
a
“public sewer or drain” means a sewer or drain which belongs to a sewerage undertaker, the Environment Agency, an internal drainage board or a local authority;
b
“watercourse” includes all rivers, streams, ditches, drains, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain; and
c
other expressions used both in this article and in the Water Resources Act 1991 have the same meaning as in that Act.
Power to survey and investigate land, etc.
8
1
The Council may for the purposes of this Order —
a
survey or investigate any land within the limits of deviation;
b
without prejudice to the generality of sub-paragraph (a) above, make trial holes in such positions as the Council thinks fit on the land to investigate the nature of the surface layer and subsoil and remove soil samples;
c
place on, leave on and remove from the land apparatus for use in connection with the exercise of any of the powers conferred by sub-paragraphs (a) and (b) above; and
d
enter on the land for the purpose of exercising any of the powers conferred by sub-paragraphs (a) to (c) above.
2
No land may be entered, or equipment placed or left on or removed from the land under paragraph (1) above, unless at least 7 days' notice has been served on every owner and occupier of the land.
3
Any person entering land under this article on behalf of the Council —
a
shall, if so required, before or after entering the land produce written evidence of his authority to do so; and
b
may take with him such vehicles and equipment as are necessary to carry out the survey or investigation or to make the trial holes.
4
The Council shall make compensation for any damage occasioned, by the exercise of the powers conferred by this article, to the owners and occupiers of the land, such compensation to be determined, in case of dispute, under Part I of the 1961 Act.
Obstruction of construction of authorised works
9
Any person who, without reasonable excuse, obstructs another person from constructing any of the authorised works under the powers conferred by this Order shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
PART III
ACQUISITION AND POSSESSION OF LAND
Powers of acquisition
Power to acquire land
10
The Council may acquire compulsorily so much of the land shown on the deposited plans within the limits of deviation for the scheduled works shown on those plans and described in the book of reference as may be required for or in connection with the authorised works, and may use any land so acquired for those purposes or for any other purposes connected with or ancillary to its undertaking authorised by this Order.
Application of Part I of Compulsory Purchase Act 1965
11
1
Part I of the 1965 Act, in so far as not modified by or inconsistent with the provisions of this Order, shall apply to the acquisition of land under this Order —
a
as it applies to a compulsory purchase to which the Acquisition of Land Act 1981 applies; and
b
as if this Order were a compulsory purchase order under that Act.
2
Part I of the 1965 Act, as so applied, shall have effect as if section 4 (which provides a time limit for compulsory purchase of land) and paragraph 3(3) of Schedule 3 (which makes provision as to the giving of bonds) were omitted.
Vesting Declarations
12
1
The Compulsory Purchase (Vesting Declarations) Act 1981 shall apply as if this Order were a compulsory purchase order.
2
In its application by virtue of paragraph (1) above, the Compulsory Purchase (Vesting Declarations) Act 1981 shall have effect with the following modifications.
3
In section 3 (preliminary notices) for subsection (1) there shall be substituted —
1
Before making a declaration under section 4 below with respect to any land which is subject to a compulsory purchase order the acquiring authority shall include the particulars specified in subsection (3) below in a notice which is —
a
given to every person with a relevant interest in the land with respect to which the declaration is to be made (other than a mortgagee who is not in possession); and
b
published in the London Gazette and in a local newspaper circulating in the area in which the land is situated.
.
4
In that section, in subsection (2), for “(1)(b)” there shall be substituted “(1)” and after “given” there shall be inserted “and published”.
5
In that section, subsections (5) and (6) shall be omitted and at the end there shall be substituted —
5
For the purposes of this section, a person has a relevant interest in land if —
a
he is for the time being entitled to dispose of the fee simple of the land, whether in possession or reversion; or
b
he holds, or is entitled to the rents and profits of, the land under a lease or agreement, the unexpired term of which exceeds one month.
.
6
In section 5 (earliest date for execution of declaration) —
a
in subsection (1), after “publication” there shall be inserted “in the London Gazette or in a local newspaper circulating in the area in which the land is situated”; and
b
subsection (2) shall be omitted.
7
In section 7 (constructive notice to treat) in subsection (1)(a), the words “(as modified by section 4 of the Acquisition of Land Act 1981)” shall be omitted.
8
References to the 1965 Act shall be construed as references to that Act as applied to the acquisition of land under article 11 above.
Powers to acquire new rights
13
1
The Council may compulsorily acquire such easements or other rights over any land referred to in article 10 above as may be required for any purpose for which that land may be acquired under that provision, by creating them as well as by acquiring easements or other rights already in existence.
2
Subject to section 8 of the 1965 Act (as substituted by paragraph 5 of Schedule 3 to this Order), where the Council acquires a right over land under paragraph (1) above it shall not be required to acquire a greater interest in it.
3
Schedule 3 to this Order shall have effect for the purpose of modifying the enactments relating to compensation and the provisions of the 1965 Act in their application in relation to the compulsory acquisition under this article of a right over land by the creation of a new right.
Powers to acquire subsoil only
14
1
The Council may compulsorily acquire so much of the subsoil of the land referred to in article 10 above as may be required for any purpose for which that land may be acquired under that provision instead of acquiring the whole of the land.
2
Where the Council acquires any part of the subsoil of land under paragraph (1) above it shall not be required to acquire an interest in any other part of the land.
3
Paragraph (2) above shall not prevent article 16 below from applying where the Council acquires a cellar, vault, arch or other construction forming part of a house, building or factory.
Compensation
Disregard of certain interests and improvements
15
1
In assessing the compensation (if any) payable to any person on the acquisition from him of any land under this Order, the tribunal shall not take into account —
a
any interest in land; or
b
any enhancement of the value of any interest in land by reason of any building erected, works executed or improvement or alteration made on relevant land;
if the tribunal is satisfied that the creation of the interest, the erection of the building, the execution of the works or the making of the improvement or alteration was not reasonably necessary and was undertaken with a view to obtaining compensation or increased compensation.
2
In paragraph (1) above “relevant land” means the land acquired from the person concerned or any other land with which he is, or was at the time when the building was erected, the works executed or the improvement or alteration made, directly or indirectly concerned.
Supplementary
Acquisition of part of certain properties
16
1
This article shall apply instead of section 8(1) of the 1965 Act (as applied by article 11 above) in any case where —
a
a notice to treat is served on a person (“the owner”) under the 1965 Act (as so applied) in respect of land forming only part of a house, building or factory or of land consisting of a house with a park or garden (“the land subject to the notice to treat”); and
b
a copy of this article is served on the owner with the notice to treat.
2
In such a case, the owner may, within the period of 21 days beginning with the day on which the notice was served, serve on the Council a counter-notice objecting to the sale of the land subject to the notice to treat and stating that he is willing and able to sell the whole (“the land subject to the counter-notice”).
3
If no such counter-notice is served within that period, the owner shall be required to sell the land subject to the notice to treat.
4
If such a counter-notice is served within that period, the question whether the owner shall be required to sell only the land subject to the notice to treat shall, unless the Council agrees to take the land subject to the counter-notice, be referred to the tribunal.
5
If on such a reference the tribunal determine that the land subject to the notice to treat can be taken —
a
without material detriment to the remainder of the land subject to the counter-notice; or
b
in the case of part of land consisting of a house with a park or garden, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house;
the owner shall be required to sell the land subject to the notice to treat.
6
If on such a reference the tribunal determine that only part of the land subject to the notice to treat can be taken —
a
without material detriment to the remainder of the land subject to the counter-notice; or
b
in the case of part of land consisting of a house with a park or garden, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house;
the notice to treat shall be deemed to be a notice to treat for that part.
7
If on such a reference the tribunal determine that —
a
the land subject to the notice to treat cannot be taken without material detriment to the remainder of the land subject to the counter-notice; but
b
the material detriment is confined to a part of the land subject to the counter-notice;
the notice to treat shall be deemed to be a notice to treat for the land to which the material detriment is confined in addition to the land already subject to the notice, whether or not the additional land is land which the Council is authorised to acquire compulsorily under this Order.
8
If the Council agrees to take the land subject to the counter-notice, or if the tribunal determine that —
a
none of the land subject to the notice to treat can be taken without material detriment to the remainder of the land subject to the counter-notice or, as the case may be, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house; and
b
that the material detriment is not confined to a part of the land subject to the counter-notice;
the notice to treat shall be deemed to be a notice to treat for the land subject to the counter-notice whether or not the whole of that land is land which the Council is authorised to acquire compulsorily under this Order.
9
In any case where by virtue of a determination by the tribunal under this article a notice to treat is deemed to be a notice to treat for less land or more land than that specified in the notice, the Council may, within the period of 6 weeks beginning with the day on which the determination is made, withdraw the notice to treat; and, if it does so, shall pay to the owner compensation for any loss or expense occasioned to him by the giving and withdrawal of the notice, to be determined in case of dispute by the tribunal.
10
Where the owner is required under this article to sell only part of a house, building or factory or of land consisting of a house with a park or garden, the Council shall pay him compensation for any loss sustained by him due to the severance of that part in addition to the value of the interest acquired.
Extinction or suspension of private rights of way
17
1
All private rights of way over land subject to compulsory acquisition under this Order shall be extinguished —
a
as from the acquisition of the land by the Council, whether compulsorily or by agreement; or
b
on the entry on the land by the Council under section 11(1) of the 1965 Act;
whichever is sooner.
2
All private rights of way over land owned by the Council which is within the limits of land which may be acquired shown on the deposited plans and is required for the purposes of this Order, shall be extinguished on the appropriation of the land for any of those purposes by the Council.
3
Any person who suffers loss by the extinguishment or suspension of any private right of way under this article shall be entitled to compensation to be determined, in case of dispute, under Part I of the 1961 Act.
4
This article does not apply in relation to any right of way to which section 271 or 272 of the 1990 Act (extinguishment of rights of statutory undertakers etc.) applies.
Time limit for exercise of powers of acquisition
18
No notice to treat shall be served under Part I of the 1965 Act, as applied to the acquisition of land under article 11 above after the end of the period of 5 years beginning with the day on which this Order comes into force.
Public Open Space
19
1
The Council shall not under the powers of this Order acquire compulsorily any interest in the public open space comprised in the lands numbered 10 and 13 in the book of reference and coloured red on the public open space and exchange land plans until the Council has acquired the land coloured green on those plans and numbered 12 in the book of reference.
2
The land so shown coloured green shall vest in the Council subject to the like rights, trusts and incidents as attached to the land shown coloured red and upon its acquisition by the Council the land shown coloured red shall be discharged from all rights, trusts and incidents to which it was previously subject.
3
The Council shall lay the land shown coloured green on the public open space and exchange land plans out as replacement public open space before the authorised works are first brought into public use pursuant to the powers of article 20 below.
PART IV
OPERATION OF AUTHORISED WORKS
Power to operate and use authorised works
20
The Council may operate and use the authorised works as a system, or part of a system, of transport for the carriage of goods.
Maintenance of approved works, etc.
21
1
Where pursuant to regulations made under section 41 of the 1992 Act (approval of works, plant and equipment) approval has been obtained from the Health and Safety Executive with respect to any works, plant or equipment (including vehicles) forming part of the authorised works, such works, plant and equipment shall not be used in a state or condition other than that in which they were at the time that the approval was given unless any change thereto does not materially impair the safe operation of the authorised works.
2
If without reasonable cause the provisions of paragraph (1) above are contravened, the Council shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
3
No proceedings shall be instituted in England and Wales in respect of an offence under this article except by or with the consent of the Health and Safety Executive or the Director of Public Prosecutions.
Trespass on authorised works
22
Any person who —
a
trespasses on any authorised work; or
b
trespasses upon any land of the Council in dangerous proximity to the authorised works or to any electrical or other apparatus used for or in connection with the operation of the authorised works;
shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Power of disposal, agreements for operation, etc.
23
1
The Council may sell, lease, charge or otherwise dispose of, on such terms and conditions as it thinks fit, the whole or any part of the authorised works and any land held in connection therewith or the right to operate the works under this Order.
2
Without prejudice to the generality of paragraph (1) above, the Council may enter into and carry into effect agreements with respect to any of the following matters, namely, the construction, maintenance, use and operation of the authorised works, or any part or parts of them, by any other person, and other matters incidental or subsidiary thereto or consequential thereon, and the defraying of, or the making of contributions towards, the cost of the matters aforesaid by the Council or any other person.
3
Any agreement under subsection (2) above may provide (inter alia) for the exercise of the powers of the Council in respect of the authorised works or any part or parts thereof, and for the transfer to any person of the authorised works or any part or parts thereof together with the rights and obligations of the Council in relation thereto.
4
The exercise of the powers of any enactment by any person in pursuance of any sale, lease, charge or disposal under paragraph (1) above, or any agreement under paragraph (2) above, shall be subject to the same restrictions, liabilities and obligations as would apply under this Order if those powers were exercised by the Council.
Application of landlord and tenant law
24
1
This article applies to any agreement for leasing to any person the whole or any part of the authorised works or the right to operate the same, and any agreement entered into by the Council with any person for the construction, maintenance, use or operation of the authorised works, or any part of them, so far as any such agreement relates to the terms on which any land which is the subject of a lease granted by or under that agreement is to be provided for that person’s use.
2
No enactment or rule of law regulating the rights and obligations of landlords and tenants shall prejudice the operation of any agreement to which this article applies.
3
Accordingly no such enactment or rule of law shall apply in relation to the rights and obligations of the parties to any lease granted by or under any such agreement so as to —
a
exclude or in any respect modify any of the rights and obligations of those parties under the terms of the lease, whether with respect to the termination of the tenancy or any other matter;
b
confer or impose on any such party any right or obligation arising out of or connected with anything done or omitted on or in relation to land which is the subject of the lease, in addition to any such right or obligation provided for by the terms of the lease; or
c
restrict the enforcement (whether by action for damages or otherwise) by any party to the lease of any obligation of any other party under the lease.
PART V
PROTECTIVE PROVISIONS
For protection of Environment Agency
25
1
For the protection of the Environment Agency (in this article referred to as “the Agency”) the following provisions of this article shall, unless otherwise agreed in writing between the Council and the Agency, have effect.
2
Nothing in this Order or in any enactment incorporated with or applied by this Order shall prejudice or affect the operation of section 109 of the Water Resources Act 1991 or any byelaws made under that Act or the Land Drainage Act 1991 in relation to anything done under or in pursuance of this Order.
3
Before carrying out any works under the powers of this Order involving the erection or raising of any obstruction to the flow of any watercourse which is not part of a main river within the meaning of section 113 of the Water Resources Act 1991 or the construction, alteration or replacement of any culvert or any structure designed to contain or divert the flow of any such watercourse in, under or through any land held for the purposes of or in connection with the authorised works, the Council shall furnish to the Agency proper and sufficient plans of such works for the approval of the Agency and shall not carry out such works until those plans have been approved in writing by the Agency.
4
The approval of plans furnished under paragraph (3) above shall not be unreasonably withheld and if, within two months from the day that the plans are received by the Agency, the Agency does not indicate in writing its disapproval and the grounds of its disapproval, it shall be deemed to have approved the plans as received.
5
For the purposes of paragraph (3) above, “plans” includes sections, drawings, specifications, calculations and descriptions.
6
Any culvert or any structure designed to contain or divert the flow of any watercourse situated within any land held for purposes of or in connection with the authorised works, whether constructed under the powers of this Order or in existence prior to the making of this Order, shall be maintained by the Council in good repair and condition and free from obstruction.
7
Nothing in paragraph (6) above shall have the effect of requiring the Council to carry out works of maintenance in respect of any culvert or structure which the Agency or any other person are liable to maintain.
8
If any obstruction is erected or raised or any culvert is constructed, altered or replaced in contravention of this article the Council shall upon receiving notice from the Agency take such action as may be necessary to remedy the effect of the contravention to the Agency’s satisfaction and in default of such action by the Council the Agency may itself take such action as may be necessary and recover the expenses reasonably incurred by it in doing so from the Council as a debt due from them to the Agency.
Statutury undertakers, etc.
26
The provisions of Schedule 4 (provisions relating to statutory undertakers, etc.) to this Order shall have effect.
For protection of Railtrack
27
The provisions of Schedule 5 (for the protection of Railtrack) to this Order shall have effect.
PART VI
MISCELLANEOUS AND GENERAL
Disclosure of confidential information
28
A person who —
a
enters a factory, workshop or workplace in pursuance of the provisions of article 8 above; and
b
discloses to any person any information obtained by him relating to any manufacturing process or trade secret;
shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale unless the disclosure is made in the course of performing his duty in connection with the purposes for which he was authorised to enter the land.
Certification of plans, etc.
29
The Council shall, as soon as practicable after the making of this Order, submit copies of the book of reference, the deposited plans, the deposited sections and the public open space and exchange land plans to the Secretary of State for certification that they are true copies of, respectively, the book of reference, sections and plans 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.
Service of notices
30
1
A notice or other document required or authorised to be served for the purposes of this Order may be served by post.
2
Where the person on whom a notice or other document to be served for the purposes of this Order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body.
3
For the purposes of section 7 of the Interpretation Act 1978 as it applies for the purposes of this article, the proper address of any person in relation to the service on him of a notice or document under paragraph (1) above is, if he has given an address for service, that address, and otherwise —
a
in the case of the secretary or clerk of a body corporate, the registered or principal office of that body; and
b
in any other case, his last known address at the time of service.
4
Where for the purposes of this Order a notice or other document is required or authorised to be served on a person as having any interest in, or as the occupier of, land and his name or address cannot be ascertained after reasonable enquiry, the notice may be served by —
a
addressing it to him by name or by the description of “owner”, or as the case may be “occupier”, of the land (describing it); and
b
either leaving it in the hands of a person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land.
5
This article shall not be taken to exclude the employment of any method of service not expressly provided for by it.
No double recovery
31
Compensation shall not be payable in respect of the same matter both under this Order and under any other enactment, any contract or any rule of law.
Arbitration
32
Unless otherwise agreed between the parties, any difference under any provision of this Order (other than a difference which falls to be determined by the tribunal) shall be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after notice in writing to the other) by the President of the Institution of Civil Engineers.
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
3rd December 1999


text:
1
1
This Order may be cited as the Superannuation (Application of the Superannuation Act 1972, Section 1) Order 1999 and, subject to article 2, shall come into force on 23rd March 1999.
2
In this Order “ the Act ” means the Superannuation Act 1972.
2
With effect from 1st September 1998:
a
section 1 of the Act shall apply to employment by the New Opportunities Fund, being employment remunerated out of the National Lottery Distribution Fund; and
b
employment by the New Opportunities Fund is added to the employments listed in Schedule 1 to the Act.
3
Employment by the Data Protection Registrar is added to the employments listed in Schedule 1 to the Act.
Jack Cunningham
Minister for the Cabinet Office for the Minister for the Civil Service
3rd March 1999


text:
1
This Order may be cited as the Public Telecommunication System Designation (Norweb Telecom Limited) Order 1999 and shall come into force on 13th January 2000.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Patricia Hewitt,
Minister of State for Small Business and E-Commerce,
Department of Trade and Industry
11th December 1999


text:
Citation and commencement
1
This Order may be cited as the Protection from Eviction (Excluded Licences) (The Shaftesbury Society) Order 1999 and shall come into force on 19th July 1999.
Specified person
2
The Shaftesbury Society (registered charity number 221948) is hereby specified for the purposes of section 3A(8)(i) of the Protection from Eviction Act 1977 (licences which confer rights of occupation in hostels provided by certain persons).
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
21st June 1999


text:
1
This Order may be cited as the Prevention of Terrorism (Temporary Provisions) Act 1989 (Designated Ports) Order 1999 and shall come into force on 22nd November 1999.
2
There shall be inserted in Part I of Schedule 6 to the Prevention of Terrorism (Temporary Provisions) Act 1989, at the appropriate places in alphabetical order–
a
under the heading “Seaports”, the words “Campbeltown”, “Southampton”, “Torquay” and “Troon”; and
b
under the heading “Airports”, the words “Sheffield City”.
Jack Straw
One of Her Majesty’s Principal Secretaries of State
Home Office
19th October 1999


text:
1
These Regulations may be cited as the Landfill Tax (Amendment) Regulations 1999 and shall come into force on 1st January 2000.
2
The Landfill Tax Regulations 1996 shall be amended in accordance with the following regulations.
3
In regulation 30 after the definition of “approved object” there shall be inserted —
“contributing third party” means a person who has made or agreed to make (whether or not under a legally binding agreement) a payment to a registered person to secure the making by him of a qualifying contribution or to reimburse him, in whole or in part, for any such contribution he has made;
.
4
In regulation 31 —
a
for paragraph (2)(a) there shall be substituted —
a
in one accounting period;
;
b
in paragraph (4) for “paragraph (6)” there shall be substituted “paragraphs (6) to (6E)”;
c
at the end of paragraph (5) there shall be inserted — “but this is subject to paragraphs (6) to (6E) below”;
d
after paragraph (6) there shall be inserted —
6A
Subject to paragraphs (6C) to (6E) below, a registered person may make an election that his first contribution year or any subsequent contribution year of his should be varied by ending instead on the last day of an accounting period of his which he specifies in the notice mentioned in paragraph (6C) below (and that contribution year shall so end).
6B
Where a contribution year has been varied by virtue of an election made under paragraph (6A) above all of the person’s subsequent contribution years shall instead consist of successive periods of 12 months ending on the anniversary of the contribution year as so varied.
6C
An election shall not be treated as having been made under paragraph (6A) above unless and until notice of it has been given in writing to the Commissioners (and shall accordingly be treated as having been made on the day such notice is given).
6D
A notice under paragraph (6C) above shall specify an accounting period which does not end either before the date on which the election is made or more than 12 months after that date.
6E
Where a registered person has made an election under paragraph (6A) above he shall not make another election unless at least 24 months have elapsed since his previous election was made.
;
e
in paragraph (7) for “paragraphs (8) and (10)” there shall be substituted “paragraph (10)”;
f
paragraphs (8) and (9) shall be omitted; and
g
in paragraph (10) for “paragraphs (7) and (8)” there shall be substituted “paragraph (7)”.
5
In regulation 32 —
a
in paragraph (1)(c) for “paragraph (2)” there shall be substituted “paragraphs (2) to (2B)”;
b
in paragraph (1)(d) after “to him” there shall be inserted “, or a contributing third party,”;
c
after paragraph (2)(b) there shall be inserted —
c
the name and address of any contributing third party; and
d
the amount of the payment made or to be made by the contributing third party and the date, or as the case may require, dates on which payment of the whole or any part of that amount —
i
was received, or
ii
is expected to be received
;
d
after paragraph (2) there shall be inserted —
2A
A person claiming credit under this Part for a contribution in relation to which there is a contributing third party shall have provided to the regulatory body or, if they are performing the functions specified in regulation 34(1) below, to the Commissioners the following information —
a
the name and address of the contributing third party;
b
the amount of the payment made or to be made by the contributing third party and the date, or as the case may require, dates on which payment of the whole or any part of that amount —
i
was received, or
ii
is expected to be received;
c
the enrolment number of the approved body to whom the contribution was made.
2B
A person claiming credit under this Part for a contribution in relation to which there is a contributing third party shall have informed the approved body to which the contribution is made of the name and address of the contributing third party.
; and
e
for paragraph (3) there shall be substituted —
3
For the purposes of this Part where any qualifying contribution or income derived therefrom is transferred to a body as described in regulation 30(2)(d) —
a
the body to whom the sum is transferred shall be treated as having received qualifying contributions of the amount concerned; and
b
that body shall be treated as having received those qualifying contributions from the registered person or persons who originally paid them (but this shall not give rise to any further entitlement to credit in respect of those contributions).
.
6
In regulation 33 —
a
in paragraph (1) for “A body is within this regulation if — ” there shall be substituted “A body is eligible to be approved if — ”;
b
for paragraph (1)(e) there shall be substituted;
e
it is precluded from applying any of its funds for the benefit of any of the persons —
i
who have made qualifying contributions to it, or
ii
who were a contributing third party in relation to such contributions,
except that such persons may benefit where they belong to a class of persons that benefits generally;
;
c
the word “and” after paragraph (1)(e) shall be omitted;
d
for paragraph (1)(f) there shall be substituted —
f
it is not controlled by one or more of the persons and bodies listed in paragraphs (1A) and (1B) below;
g
none of the persons or bodies listed in paragraph (1B) below is concerned in its management; and
h
it pays to the regulatory body an application fee of £100 or such lesser sum as the regulatory body may require.
;
e
after paragraph (1) there shall be inserted —
1A
The persons and bodies mentioned in paragraph (1)(f) above are:
a
a local authority;
b
a body corporate controlled by one or more local authorities;
c
a registered person;
d
a person connected with any of the persons or bodies mentioned in sub-paragraphs (a) to (c) above.
1B
The persons and bodies mentioned in paragraph 1(f) and (g) above are:
a
a person who controlled or was concerned in the management of a body the approval of which was revoked otherwise than under regulation 34(1)(ee);
b
a person who has been convicted of an indictable offence;
c
a person who is disqualified for being a charity trustee or a trustee for a charity by virtue of section 72 of the Charities Act 1993 ;
d
a person connected with any of the persons or bodies mentioned in sub-paragraphs (a) to (c) above;
e
a person who is incapable by reason of mental disorder.
1C
For the purpose of paragraph 1(B)(e) above, a person shall be treated as incapable by reason of mental disorder where —
a
in England and Wales, the judge has exercised any of his functions under Part VII of the Mental Health Act 1983 ;
b
in Scotland, the court has appointed a curator bonis, tutor or judicial factor; or
c
in Northern Ireland, the court has exercised any of its powers under Part VIII of the Mental Health (Northern Ireland) Order 1986 (whether or not by virtue of Article 97(2) of that Order),
but shall cease to be so treated where the judge or court concerned has made a finding that he is not or is no longer incapable of managing and administering his property and affairs.
;
f
after paragraph (2)(c) there shall be inserted —
cc
for the purpose of encouraging the development of products from waste or the development of markets for recycled waste —
i
research and development,
ii
education, or
iii
collection and dissemination of information about the development of products from waste or the development of markets for recycled waste;
;
g
in paragraph (5) after “reuse of waste,” there shall be inserted “recycling of waste,”;
h
in paragraph (7)(b) the words “where the regulatory body has made the approval of the body subject to a condition to that effect,” shall be omitted;
i
in paragraph (9) for “a local authority, body corporate or registered person (in each case, “the person”)” there shall be substituted “a body or person (in either case, for the purposes of this paragraph, “the person”)”; and
j
for paragraph (10)(b) there shall be substituted —
b
a term of an agreement made under —
i
section 106 of the Town and Country Planning Act 1990 ,
ii
section 75 of the Town and Country Planning (Scotland) Act 1997 , or
iii
article 40 of the Planning (Northern Ireland) Order 1991 ,
to which such a person is a party.
.
7
After regulation 33 there shall be inserted —
Obligations of approved bodies
33A
1
An approved body shall —
a
continue to meet all the requirements of regulation 33 above;
b
apply qualifying contributions and any income derived therefrom only to approved objects;
c
not apply any of its funds for the benefit of any of the persons who have made qualifying contributions to it or who were contributing third parties in relation to such contributions (except to the extent that they benefit by virtue of belonging to a class of persons that benefits generally);
d
make and retain records of the following —
i
the name, address and registration number of each registered person making a qualifying contribution to the body;
ii
the name and address of any contributing third party in relation to a qualifying contribution received by the body;
iii
the amount and date of receipt of each qualifying contribution and the amount and date of receipt of any income derived therefrom;
iv
in the case of a transfer of the whole or part of any qualifying contribution or income derived therefrom to or from the body, the date of the transfer, the amount transferred, the name and enrolment number of the body from or, as the case may require, to which it was transferred, the name, address and registration number of the person who made the qualifying contribution and the name and address of any contributing third party in relation to the qualifying contribution;
v
in respect of each qualifying contribution and any income derived therefrom, including any such amount transferred to the body by another approved body, the date of and all other details relating to its expenditure;
e
provide the following information to the regulatory body or, if they are performing the functions specified in regulation 34(1) below, to the Commissioners within 7 days of the receipt by it of any qualifying contribution —
i
the amount of the contribution;
ii
the date it was received;
iii
the name and registration number of the person making the contribution;
iv
the name and address of any contributing third party in relation to the contribution notified to it by virtue of regulation 32(2B) above;
f
notify the regulatory body within seven days of any transfer to or by it of qualifying contributions or of income derived therefrom of —
i
the date of the transfer;
ii
the enrolment number of the approved body by or, as the case may require, to which the transfer was made;
iii
the amount transferred;
iv
the name and registration number of the person who made the qualifying contribution;
v
the name and address of any contributing third party in relation to the contribution; and
vi
the approved objects to which the transferred funds are to be applied;
g
provide the regulatory body or, if they are performing the functions specified in regulation 34(1) below, the Commissioners with information from or access to the records referred to in sub-paragraph (f) above within 14 days (or such longer period as the regulatory body or, as the case may require, the Commissioners may allow) of a request being made for such information or access;
h
submit to the regulatory body or, if they are performing the functions specified in regulation 34(1) below, to the Commissioners within 14 days of the end of the relevant period determined in accordance with paragraph (2) below details of —
i
qualifying contributions and any other income or profit whatsoever received by it,
ii
any expenditure made by it during the period, and
iii
any balances held by it at the end of the period;
i
submit to the regulatory body within 9 months of the end of its financial year independently audited financial accounts for that year; and
j
pay to the regulatory body an amount equal to 5 per cent. of each qualifying contribution it receives, or such lesser amount as the regulatory body may require, towards its running costs within 14 days of receipt of a demand for payment.
2
For the purposes of paragraph (1)(h) above, the relevant period in respect of an approved body is —
a
in the case of the first such period —
i
the period of 6 months, or
ii
where the aggregate of the qualifying contributions and income therefrom received by the body in the period referred to in sub-paragraph (i) above is no greater than £100,000, the period of 12 months,
commencing with the date on which the body was approved; and
b
in the case of subsequent periods —
i
the period of 6 months, or
ii
where the aggregate of the qualifying contributions and income therefrom received by the body during the period referred to in sub-paragraph (i) above and the period of 6 months preceding that does not exceed £100,000, the period of 12 months,
commencing with the day after the end of the first or, as the case may require, a subsequent period.
.
8
In regulation 34 —
a
for paragraph (1)(a) there shall be substituted —
a
shall, on application being made to it by a body which is eligible to be approved under regulation 33 above, approve that body;
;
b
paragraphs (1)(b), (c) and (d) shall be omitted;
c
for paragraph (1)(e) there shall be substituted —
e
may revoke the approval of any body which fails to comply with any requirement of regulation 33A(1);
ee
shall revoke the approval of any body which applies for its approval to be revoked;
;
d
the word “and” after paragraph (1)(i) shall be omitted;
e
after paragraph (1)(j) there shall be inserted —
; and
k
shall, when notified by an approved body of the transfer to or by it of the whole or part of a qualifying contribution or of income derived therefrom, notify the registered person who made the qualifying contribution, and any contributing third party in relation to it, of —
i
the date of the transfer,
ii
the name and enrolment number of the body by or, as the case may require, to whom the transfer was made;
iii
the amount transferred; and
iv
the approved objects to which the transferred funds are to be applied.
; and
f
in paragraph (2)(b) for “will not be” there shall be substituted “will be”.
9
In regulation 35 —
a
for paragraph (1)(a) there shall be substituted —
a
may approve a body to carry out the functions prescribed by regulation 34(1) above;
b
paragraph (1)(b) shall be omitted;
c
before “body” where it appears in each of paragraphs (1)(f) and (g) there shall be inserted “regulatory”; and
d
for paragraph (2) there shall be substituted —
2
Without prejudice to the generality of paragraph (1)(c) above, the Commissioners may revoke their approval of the regulatory body where it appears to them necessary to do so for the proper operation of the credit scheme established by this Part.
.
10
For regulation 36(3) there shall be substituted —
3
Where —
a
a person has benefited from an amount of credit to which he was entitled under this Part; and
b
the whole or a part of the qualifying contribution in respect of which the entitlement to credit arose has been repaid to him or a person who was a contributing third party in relation to the qualifying contribution,
he shall pay to the Commissioners an amount equal to 90 per cent. of the amount repaid to him or, as the case may require, to the contributing third party.
.
D. J. Howard
Commissioner of Customs and Excise
New King’s Beam House,
22 Upper Ground,
London SE1 9PJ
9th December 1999


text:
1
This Order may be cited as the Rail Vehicle Accessibility (Serco Metrolink T68A Vehicles) Exemption Order 1999 and shall come in to force on 19th November 1999.
2
Any reference in this Order to a numbered regulation is a reference to a regulation bearing that number in the Rail Vehicle Accessibility Regulations 1998 .
3
This Order applies to the rail vehicles numbered 2001 to 2006 of the class known as “T68A Bi-directional Light Rail Vehicles” (`the exempted vehicles') as manufactured by Ansaldo Trasporti S.p.A. for use on the Manchester Metrolink system.
4
1
Subject to articles 5 and 6 below, the exempted vehicles are hereby authorised to be used for carriage even though they do not conform with those provisions of the Rail Vehicle Accessibility Regulations 1998 referred to in paragraph (2) below.
2
The provisions with which the exempted vehicles are not required to conform are regulations —
4(3)(b); and
11(3)(d).
5
1
The exemption given in respect of regulation 4(3)(b) shall cease at the end of 31st December 2000.
2
The exemption given in respect of regulation 11(3)(d) shall cease at the end of 30th November 2014.
6
The authorisation shall cease forthwith in respect of an exempted vehicle which is operated by a person other than Serco Metrolink Limited unless the Secretary of State has been given written notice in advance specifying the name and address of that other person.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Keith Hill
Parliamentary Under Secretary of State
Department of the Environment, Transport and the Regions
27th October 1999