text:
PART I
PRELIMINARY
Citation and commencement
1
These Regulations may be cited as the Excise Goods (Sales on Board Ships and Aircraft) Regulations 1999 and shall come into force on 1st July 1999.
Interpretation
2
1
In these regulations–
“ the Act ” means the Customs and Excise Management Act 1979;
“appropriate document” means the accompanying administrative document for movement under duty-suspension arrangements of products subject to excise duty specified in Commission Regulation ( EEC ) No. 2719/92 , or, as the case may require, the simplified accompanying document for the intra-Community movement of products subject to excise duty which have been released for consumption in the member State of dispatch specified in Commission Regulation (EEC) No. 3649/92 ;
“excise goods” means goods, other than hydrocarbon oil , of a class or description subject to any duty of excise whether or not those goods are in fact chargeable with that duty and whether or not that duty has been paid;
“fiscal representative” has the meaning given in regulation 4 below;
“merchandise” means excise goods that are intended for sale by retail to persons carried in a ship or aircraft other than goods intended for consumption during the voyage or flight;
“registered mobile operator” has the meaning given in regulation 3 below;
“relevant revenue trader” means any registered mobile operator or fiscal representative.
2
A ship or aircraft is making a voyage or flight from a place outside the Communities if–
a
in the case of a voyage, the last port of call before the ship arrived in the United Kingdom was outside the Communities, or
b
in the case of a flight, the aircraft last took off outside the Communities.
PART II
APPROVAL AND REGISTRATION
Registered mobile operators
3
1
For the purposes of section 100G of the Act the Commissioners may approve any person who intends to ship or import merchandise and register him as a registered excise dealer and shipper in accordance with section 100G(2) of the Act.
2
A person who has been so approved and registered shall be known as a registered mobile operator.
Fiscal representatives
4
1
For the purposes of section 100G of the Act, and subject to paragraph (3) below, the Commissioners may approve any person who wishes to act as the representative of a registered mobile operator and register him as a registered excise dealer and shipper in accordance with section 100G(2) of the Act.
2
A person who has been so approved and registered shall be known as a fiscal representative.
3
The Commissioners shall not approve a person as a fiscal representative unless he–
a
has a business establishment or other fixed establishment in the United Kingdom, or
b
if he is an individual, has his usual place of residence in the United Kingdom.
Certificates of registration
5
1
The Commissioners shall furnish every relevant revenue trader with a certificate of registration.
2
When a person ceases to be a relevant revenue trader he shall immediately destroy his certificate of registration.
3
Every relevant revenue trader shall give notice in writing to the Commissioners of any change in the information contained in his certificate of registration within seven days of the change.
4
Where–
a
in accordance with paragraph (3) above any relevant revenue trader gives the Commissioners notice in writing of any change in the information contained in his certificate of registration, or
b
the Commissioners become aware of any change in the information contained in his certificate of registration, the Commissioners shall, unless they revoke his approval and registration in accordance with section 100G(5) of the Act, furnish him with a corrected certificate of registration.
5
Where in accordance with paragraph (4) above the Commissioners furnish any relevant revenue trader with a corrected certificate of registration he shall upon receiving that certificate destroy the original certificate that required correction.
6
Every certificate of registration shall contain the following particulars–
a
a unique reference number assigned to the relevant revenue trader by the Commissioners;
b
the name and (if different) the trading name of the relevant revenue trader;
c
the address of the relevant revenue trader’s principal or only place of business (including any postcode)–
i
in the United Kingdom, or
ii
in the case of a registered mobile operator, if he does not have any place of business in the United Kingdom, elsewhere;
d
any conditions or restrictions imposed by the Commissioners in the exercise of their discretion under section 100G(4) of the Act.
PART III
RELEVANT REVENUE TRADERS
Merchandise for sale by retail on ships and aircraft
6
1
Subject to paragraphs (2) and (3) below merchandise shall not be–
a
shipped in a ship or aircraft for sale by retail to persons carried in that ship or aircraft unless it is shipped by a registered mobile operator,
b
imported in a ship or aircraft for sale by retail to persons carried in that ship or aircraft unless the importer is a registered mobile operator, or
c
sold by retail on board any ship or aircraft by any person other than a registered mobile operator.
2
Paragraph (1) above shall not restrict the right of any person to ship excise goods as merchandise for sale by retail in, or sell excise goods on board–
a
a coasting ship, or
b
any ship or aircraft making a voyage or flight to an immediate destination within the United Kingdom, or
c
any ship or aircraft making a voyage or flight to an immediate destination outside the Communities.
3
Paragraph (1) above shall not restrict the right of any person to import excise goods as merchandise for sale by retail in, or sell excise goods on board, any ship or aircraft making a voyage or flight from a place outside the Communities.
Duties and liabilities of a registered mobile operator
7
A registered mobile operator shall–
a
provide such security, or further security, as the Commissioners may require for the payment of any excise duty that is or may become due from him;
b
ensure that the merchandise he ships is accompanied by an appropriate document that he has drawn up;
c
ensure that merchandise he imports is accompanied by an appropriate document that was drawn up by the consignor.
Privileges of a registered mobile operator
8
1
Subject to paragraph (6) below, a registered mobile operator shall be afforded the following privileges.
2
A registered mobile operator may ship merchandise in a ship or aircraft in which he intends to sell that merchandise by retail.
3
A registered mobile operator may import merchandise in a ship or aircraft for sale by retail to persons carried in that ship or aircraft.
4
A registered mobile operator may on board any ship or aircraft sell merchandise by retail.
5
Provided that he has given the notice required by regulation 24 below, a registered mobile operator shall be entitled to use the simplified procedure provided for in Part VII of these regulations.
6
Nothing in this regulation shall confer on any registered mobile operator any privilege that would cause him to be in breach of–
a
any condition of approval that applies to him; or
b
any condition or restriction imposed by these regulations.
When a registered mobile operator must have a fiscal representative
9
1
A registered mobile operator who does not meet the requirements of paragraph (2) below is required to have a fiscal representative.
2
A registered mobile operator meets the requirements of this paragraph if–
a
he has any business establishment or other fixed establishment in the United Kingdom, or
b
if he is an individual, he has his usual place of residence in the United Kingdom.
Appointment and cessation of appointment of a fiscal representative
10
1
A registered mobile operator who is required to have a fiscal representative shall appoint such a representative (“his representative”)–
a
within seven days of the day on which he is required by regulation 9 above to have a fiscal representative; or
b
where–
i
his representative ceases to act for him, and
ii
he continues to be required by regulation 9 above to have a fiscal representative,
within seven days of the day on which his representative ceased to act for him.
2
A registered mobile operator shall give the Commissioners written notice when he appoints a fiscal representative to act for him and when a fiscal representative ceases to act for him.
3
A fiscal representative shall give the Commissioners written notice when he is appointed to act as the representative of a registered mobile operator and when he ceases to act as the representative of a registered mobile operator.
4
A relevant revenue trader shall–
a
give the notice required by paragraph (2) or (3) above within seven days of the appointment or, as the case may be, of the appointment ceasing, and
b
include in his notice–
i
in relation to himself, the particulars specified in regulation 5(6)(a), (b), and (c) above,
ii
in relation to the other person his notice concerns, the particulars specified in regulation 5(6)(a), (b), and (c) above, and
iii
the date on which the appointment was made or, as the case may be, ceased.
Duties and liabilities of a fiscal representative
11
A fiscal representative shall–
a
keep and preserve any records that his principal is required to keep and preserve by or under regulations made under section 118A of the Act,
b
secure his principal’s compliance with and discharge of the obligations and liabilities to which his principal is subject by or under these regulations, and
c
be personally liable in respect of any failure of his principal to comply with or discharge any such obligation or liability as if the obligations and liabilities imposed on his principal were imposed jointly and severally on the fiscal representative and his principal.
Privileges of a fiscal representative
12
A fiscal representative who is appointed to act for a registered mobile operator shall be entitled to exercise on his principal’s behalf any of the powers or privileges these regulations confer on his principal.
PART IV
MERCHANDISE SHIPPED IN THE UNITED KINGDOM
Application of Part IV
13
1
This Part of these regulations applies to merchandise shipped by a registered mobile operator on board any ship or aircraft that is not–
a
a coasting ship, or
b
making a voyage or flight to an immediate destination within the United Kingdom, or
c
making a voyage or flight to an immediate destination outside the Communities.
2
Where any ship or aircraft has any merchandise on board at the time it sails or takes off and that ship or aircraft is making a voyage or flight to an immediate destination in another member State, for the purposes of these regulations, that merchandise shall be treated as if it had been loaded into the ship or aircraft immediately before the ship sailed or, as the case may be, the aircraft took off.
3
In this Part of these regulations any reference to a ship or aircraft shall be construed as a reference to a ship or aircraft that has on board merchandise to which this Part of these regulations applies.
Use of appropriate document
14
1
Where any ship or aircraft has any merchandise on board for which there is no appropriate document the registered mobile operator shall complete an appropriate document for that merchandise.
2
When he completes an appropriate document the registered mobile operator shall comply with all the instructions for completion set out in the explanatory notes on the reverse side of copy 1 of that document.
Stocktaking — exported merchandise
15
1
The registered mobile operator shall take stock of the merchandise on board the ship or aircraft in accordance with the provisions of this regulation.
2
In the case of merchandise on board a ship the registered mobile operator shall take stock of the merchandise that remains unsold at the time the ship enters the territorial sea of the member State that is its immediate destination.
3
In the case of merchandise on board an aircraft the registered mobile operator shall take stock of the merchandise that remains unsold at the time the aircraft enters the air space above the territorial sea of the member State (or, if earlier, the time the aircraft enters the air space above the member State) that is its immediate destination.
4
The registered mobile operator shall ascertain the difference, if any, between the amount of the merchandise shown on the appropriate document accompanying the merchandise and the amount of that merchandise remaining when he took stock in accordance with this regulation.
5
If the amount of merchandise is less than the amount of merchandise shown on the appropriate document the registered mobile operator shall record that difference on the appropriate document as if he were the recipient of the merchandise and the difference were a shortage in the merchandise received.
PART V
MERCHANDISE IMPORTED INTO THE UNITED KINGDOM
Application of Part V
16
1
This Part of these regulations applies to merchandise imported by a registered mobile operator on board any ship or aircraft that is not making a voyage or flight from a place outside the Communities.
2
In this Part of these regulations any reference to a ship or aircraft shall be construed as a reference to a ship or aircraft that has on board merchandise to which this Part of these regulations applies.
Stocktaking — imported merchandise
17
1
The registered mobile operator shall take stock of the merchandise on board the ship or aircraft in accordance with the provisions of this regulation.
2
In the case of merchandise brought by sea the registered mobile operator shall take stock of the merchandise that remains unsold at the time of importation prescribed by section 5(2)(a) of the Act.
3
In the case of merchandise brought by air the registered mobile operator shall take stock of the merchandise that remains unsold at the time the aircraft enters the air space above the United Kingdom (or, if earlier, at the time the aircraft enters the air space above the territorial sea of the United Kingdom).
4
The registered mobile operator shall ascertain the difference, if any, between the amount of the merchandise shown on the appropriate document accompanying the merchandise and the amount of that merchandise remaining when he took stock in accordance with this regulation.
5
If the amount of merchandise is less than the amount of merchandise shown on the appropriate document the registered mobile operator shall record that difference on the appropriate document as if he were the recipient of the merchandise and the difference were a shortage in the merchandise received.
PART VI
EXCISE DUTY POINTS AND PAYMENT AND DRAWBACK OF EXCISE DUTY
Excise duty points — merchandise
18
1
If, at the time that merchandise is loaded into any ship or aircraft that is to make a voyage or flight to an immediate destination in another member State, the excise duty charged on that merchandise in the United Kingdom has not been paid or deferred, that time shall be the excise duty point.
2
Subject to paragraph (5) below–
a
in the case of merchandise brought by sea the excise duty point for the merchandise that remains unsold at the time of importation prescribed by section 5(2)(a) of the Act shall be the time when that merchandise is charged with excise duty, and
b
in the case of merchandise brought by air the excise duty point for the merchandise that remains unsold at the time the aircraft enters the air space above the United Kingdom (or, if earlier, at the time the aircraft enters the air space above the territorial sea of the United Kingdom) shall be the time when that merchandise is charged with excise duty.
3
The person liable to pay the excise duty at the excise duty point shall be–
a
in any case to which paragraph (1) above applies, the owner of the merchandise, and
b
in any other case, the registered mobile operator who imported the merchandise.
4
Any other person who caused the merchandise to reach an excise duty point shall be jointly and severally liable to pay the excise duty at that excise duty point.
5
Paragraph (2) above shall not apply so as to prescribe an excise duty point for merchandise imported by a registered mobile operator on board any ship or aircraft that is making a voyage or flight from a place outside the Communities.
Excise duty points — stores
19
1
Subject to paragraph (4) below–
a
where any ship or aircraft has any stores on board at the time it sails or takes off and that ship or aircraft is making a voyage or flight to an immediate destination in another member State the excise duty point for those stores shall be the time when the ship or aircraft sailed or took off,
b
in the case of stores brought by sea the excise duty point for the stores that remain unsold at the time of importation prescribed by section 5(2)(a) of the Act shall be the time when those stores are charged with excise duty, and
c
in the case of stores brought by air the excise duty point for the stores that remain unsold at the time the aircraft enters the air space above the United Kingdom (or, if earlier, at the time the aircraft enters the air space above the territorial sea of the United Kingdom) shall be the time when those stores are charged with excise duty.
2
The person liable to pay the excise duty at the excise duty point shall be the owner of the stores at that excise duty point.
3
Any other person who caused the stores to reach an excise duty point shall be jointly and severally liable to pay the excise duty at that excise duty point.
4
This regulation shall not apply so as to prescribe an excise duty point for stores–
a
if those stores are or have been sold or supplied for consumption on board a ship or aircraft, or
b
that are neither sold nor supplied (otherwise than for consumption on board the ship or aircraft)–
i
at any time before the time when stock is taken of merchandise in accordance with regulation 15 above (or would, but for regulation 25 below, be taken), or
ii
at any time after the time when stock is taken of merchandise in accordance with regulation 17 above (or would, but for regulation 25 below, be taken).
Time for payment
20
Except as otherwise provided in regulation 21 below or by any other provision made by or under the customs and excise Acts, any excise duty that any person is liable to pay by virtue of these regulations shall be paid by that person at or before the excise duty point.
Accounting for duty
21
1
Subject to paragraph (2) below, regulation 14 of the Excise Goods (Holding, Movement, Warehousing and REDS) Regulations 1992 shall apply to registered mobile operators as it applies to other registered excise dealers and shippers.
2
The amount of duty that a registered mobile operator is required to pay to the Commissioners in accordance with regulation 14(3) shall be the amount (if any) that remains after the registered mobile operator has set-off the amount of any drawback to which he is entitled in accordance with regulation 12A of the Excise Goods (Drawback) Regulations 1995 .
Drawback
22
1
The Excise Goods (Drawback) Regulations 1995 shall apply to registered mobile operators as they apply to other revenue traders but subject to the modifications set out in this regulation.
2
For the purposes of claims for drawback of excise duty by registered mobile operators the following provisions of the Excise Goods (Drawback) Regulations 1995 shall be treated as if they were omitted–
a
regulation 5(2)(b) and (c) and (3);
b
in regulation 6(2)(a) the words “, removal to warehouse for export or, as the case may be, destruction”;
c
regulation 6(2)(b);
d
regulation 7(4) and (5);
e
regulation 8(1), (2)(a), (c) and (d);
f
regulation 9;
g
regulation 10(b);
h
regulation 11;
i
regulation 12(2); and
j
Schedules 1 and 2.
3
For the purposes of claims for drawback of excise duty by registered mobile operators the Excise Goods (Drawback) Regulations 1995 shall be treated as if there were inserted after regulation 12–
12A
1
Where a registered mobile operator is entitled to drawback he shall set-off the amount to which he is entitled against any amount of duty entered on his REDS return as being due from him.
2
If the amount of drawback that a registered mobile operator is entitled to exceeds the amount of duty entered on his REDS return as being due from him he shall be entitled to a duty credit.
3
Where the Commissioners are satisfied that a registered mobile operator is entitled to a duty credit they may set-off the amount of that credit against any other debt then due to them from him.
4
In this regulation “REDS return” has the same meaning as in regulation 14 of the Excise Goods (Holding, Movement, Warehousing and REDS) Regulations 1992.
.
PART VII
SIMPLIFIED PROCEDURES
Application of Part VII
23
1
This Part of these regulations applies in any case where, in accordance with Article 7(9) of Council Directive 92/12/EEC , the United Kingdom has agreed to authorize a simplified procedure.
2
The Commissioners shall publish a list of the voyages or flights for which a simplified procedure is currently authorized in a notice published by them and not withdrawn by a further notice.
Notice
24
1
A registered mobile operator who intends to use the simplified procedure set out in regulation 25 below shall give the Commissioners not less than seven days notice of his intention.
2
A registered mobile operator who intends to cease using the simplified procedure set out in regulation 25 below shall give the Commissioners not less than seven days notice of his intention.
3
A registered mobile operator shall not use the simplified procedure set out in regulation 25 below until he has given the notice mentioned in paragraph (1) above and, having given that notice, shall not cease to use that simplified procedure until he has given the notice mentioned in paragraph (2) above.
Procedure
25
1
The registered mobile operator shall–
a
not be required to comply with regulation 7(b) and (c) above, and
b
treat Parts IV and V above as omitted from these regulations.
2
The registered mobile operator shall keep and preserve such records as the Commissioners may specify for any voyage or flight in a notice published by them and not withdrawn by a further notice.
3
Where under paragraph (2) above a registered mobile operator is required to keep any records he shall–
a
preserve those records for three years from the date on which they were made, and
b
continue to preserve those records in accordance with sub-paragraph (a) above even if he has ceased to use the simplified procedure.
4
Regulation 18(2) above shall not apply so as to prescribe an excise duty point for imported merchandise that–
a
is not sold at any time between the time when stock would, but for the provisions of this regulation, have been taken in accordance with regulation 17 above and the time when the ship leaves the territorial sea of the United Kingdom or the aircraft leaves the United Kingdom (or, if later, the time when the aircraft leaves the airspace above the territorial sea of the United Kingdom), and
b
is exported from the United Kingdom without being unshipped from the ship or aircraft in which it was imported.
5
Where the Commissioners indicate in a notice published by them and not withdrawn by a further notice that for any flight this paragraph applies, regulation 18(2) above shall not apply so as to prescribe an excise duty point for imported merchandise that–
a
is not sold after the time when stock would, but for the provisions of this regulation, have been taken in accordance with regulation 17 above, and
b
is kept in an excise warehouse whilst it remains in the United Kingdom, and
c
is, not later than twenty-four hours after the time when it was imported, exported from the United Kingdom to the member State from which it was imported without being sold before the time when the aircraft leaves the United Kingdom (or, if later, the time when the aircraft leaves the airspace above the territorial sea of the United Kingdom).
PART VIII
FORFEITURE, CONSEQUENTIAL AMENDMENT AND TRANSITIONAL PROVISIONS
Forfeiture
26
If in relation to any excise goods which are liable to a duty of excise which has not been paid there is–
a
a contravention of any provision of these regulations, or
b
a contravention of any condition or restriction imposed by these regulations,
those goods shall be liable to forfeiture.
Consequential amendment
27
In regulation 2(1) of the Excise Goods (Holding, Movement, Warehousing and REDS) Regulations 1992 there shall be added–
a
at the end of the definition of “REDS” in force before 1st October 1999, “but, apart from in regulations 7 and 14 below, shall not include a person who is only a registered excise dealer and shipper by virtue of his being registered as a registered mobile operator for the purposes of the Excise Goods (Sales on Board Ships and Aircraft) Regulations 1999”, and
b
at the end of the definition of “REDS” in force after 30th September 1999 , “and, apart from in regulations 7 and 14 below, a person who is only a registered excise dealer and shipper by virtue of his being registered as a registered mobile operator for the purposes of the Excise Goods (Sales on Board Ships and Aircraft) Regulations 1999”.
Transitional provisions
28
These regulations shall not apply in the case of any ship or aircraft that is, at the time these regulations come into force, making a voyage or flight that was scheduled to depart before they came into force.
Martin Brown
Commissioner of Customs and Excise
New King’s Beam House
10th June 1999


type: legislation

jurisdiction: UK

text:
Commencement and citation
1
This Order may be cited as The A40 Trunk Road (Ealing and Hammersmith & Fulham) Red Route Experimental Traffic Order 1999, and shall come into force on 6th September 1999.
Interpretation
2
In this Order —
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route” means the lengths of road specified in column (2) of the table in schedule 1;
f
“vehicle” includes part of a vehicle;
g
an entry in column (3), (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule;
h
“bus” has the meaning given by regulation 22(2) of the Traffic Signs Regulations and General Directions 1994 ;
i
“bus stop” means an area bounded by a traffic sign shown in diagram 1025.1 or 1025.3 in schedule 6 of the Traffic Signs Regulations and General Directions 1994 which includes the words “bus stop”; and
j
“bus stand” means an area bounded by a traffic sign shown in diagram 1025.1 or 1025.3 in schedule 6 of the Traffic Signs Regulations and General Directions 1994 which includes the words “bus stand”; and
k
“London Regional Transport” has the meaning given by the London Regional Transport Act 1984 .
l
“pedal cycle” has the same meaning as in regulation 4 of the Traffic Signs Regulations and General Directions 1994.
General prohibition of stopping
3
1
Subject to the provisions of paragraphs (2) and (3) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop in the trunk road red route during the restricted hours.
2
Subject to the provisions of paragraph (3) of this article, and of articles 5(1), 8 and 9, no person shall cause any vehicle to stop at any time in any lengths of the trunk road red route specified in schedule 4.
3
The controls specified in paragraphs (1) and (2) of this article do not apply in respect of any area of the trunk road red route specified in schedule 2A.
4
In this article “the restricted hours” means, in relation to a length of the trunk road red route specified in any item in column (2) of the table in schedule 1, the hours specified in that item in column (3) of that table.
Exemptions for parking
4
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
Miscellaneous exemptions for parking
5
1
Licensed taxi cabs: The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to be parked at the edge of the carriageway on a length of road specified in schedule 2D.
2
Buses: The controls specified in article 3(1) do not apply in respect of a person causing a bus to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2E during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
3
Doctors' vehicles: The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2F during the hours specified in column (3) in that item, provided that —
a
there is displayed in the windscreen of the vehicle a badge issued by, or with the authority of the Traffic Director for London to a medical practitioner, and which specifies —
i
the name of the person to whom it was issued, and
ii
the premises in relation to which it applies; and
b
the vehicle was parked by, or with the permission of, the person whose name is specified on the badge and for so long only as the person who parked the vehicle is engaged in work at the premises specified on the badge.
4
Solo motor bicycles: The controls specified in article 3(1) do not apply in respect of a person causing a motor bicycle without a side-car to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2G during the hours specified in column (3) in that item.
Exemptions for loading and unloading
6
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which is being loaded or unloaded to stop at the edge of the carriageway on a length of road specified in an item in column (2) of the tables in schedules 3A and 3B during the hours specified in column (3) in that item for as long as is needed to load or unload the vehicle or 20 minutes, whichever is the less, provided that not less than 20 minutes has elapsed since the vehicle was last parked on any part of the same length of road.
Exemptions for disabled persons
7
1
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item.
2
The controls specified in article 3(1) and 3(2) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2C during the hours specified in column (3) in that item.
3
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position, and a parking disc on which is shown the time at which the period of parking began, to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item, for a period of up to 3 hours not being a period separated by an interval of less than 1 hour from a previous period when that vehicle was parked in that length of road.
Exemptions at bus stops and stands
8
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing:
a
a bus to stop at a bus stop for as long as may be required to enable passengers to board or alight; or
b
a bus to stop at a bus stop or a bus stand and being used for operational reasons in the course of providing a London bus service (as defined in section 34 of the Transport Act 1985 ) under an agreement with London Regional Transport or training drivers to allow such a service to be provided.
2
In this article “operational reasons” means:
i
to enable passengers to board and alight;
ii
to enable crew changes to take place;
iii
to maintain the scheduled timetable subject, in the case of a bus stop, to a maximum wait of two minutes.
Other exemptions
9
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to stop if that person is —
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) and (2) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) and (2) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
4
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a pedal cycle to be parked at a facility specifically provided for the purpose of pedal cycle parking by, or with the consent of, the highway authority.
Power to modify or suspend this Order
10
If it appears to the Traffic Director for London, or some person authorised by him, essential in the interests of the expeditious, convenient and safe movement of traffic, or of the provision of suitable and adequate parking facilities on the highway, or for preserving or improving the amenities of the area through which any road affected by this Order runs, and after consulting with the Commissioner of Police of the Metropolis, he may modify or suspend any provision of this Order, save that no modification shall make an addition.
Suspension of existing Orders
11
1
Subject to paragraph (2) of this article, The Ealing (Waiting and Loading Restriction) Order 1977, The Ealing (Waiting and Loading Restriction) (Amendment No. 12) Order 1980, The Hammersmith (Waiting and Loading Restriction) Order 1976 and The Hammersmith (Waiting and Loading Restriction) (Amendment No. 2) Order 1976 are hereby suspended, in so far as their provisions relate to any part of the trunk road red route.
2
The suspension specified in paragraph (1) of this article shall take effect in respect of any provision contained in The Ealing (Waiting and Loading Restriction) Order 1977, The Ealing (Waiting and Loading Restriction) (Amendment No. 12) Order 1980, The Hammersmith (Waiting and Loading Restriction) Order 1976 and The Hammersmith (Waiting and Loading Restriction) (Amendment No. 2) Order 1976 only from the time at which the traffic sign indicating the effect of that provision has been obliterated.
Signed in accordance with a direction from the Secretary of State
Derek Turner
Traffic Director for London
18th August 1999


text:
1
This Order may be cited as the Public Airport Companies (Capital Finance) (Second Amendment) Order 1999 and shall come into force on 20th August 1999.
2
In Schedules 1 and 2 to the Public Airport Companies (Capital Finance) Order 1996 the entries for Humberside International Airport Limited shall be omitted.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Glenda Jackson
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
27th July 1999


text:
Citation and commencement
1
These Regulations may be cited as the Legal Advice and Assistance (Amendment) (No. 3) Regulations 1999 and shall come into force on 5th October 1999.
Interpretation
2
In these Regulations a reference to any regulation or Schedule by number alone means the regulation or Schedule so numbered in the Legal Advice and Assistance Regulations 1989 .
Transitional provisions
3
1
These Regulations shall apply to applications for advice and assistance under regulation 9 made on or after 5th October 1999.
2
Where a person at any time on or after 5th October 1999 receives family credit or disability working allowance under Part VII of the Social Security Contributions and Benefits Act 1992 in pursuance of a decision made before that date, his disposable income shall be assessed as if regulations 5 and 6 of these Regulations had not come into force.
Amendments to the Legal Advice and Assistance Regulations 1989
4
1
In regulation 10(1), for “Where” there shall be substituted “Subject to paragraph (5), where”.
2
After regulation 10(4) there shall be inserted:
5
A client may authorise another person to attend on the solicitor on his behalf in accordance with paragraph (1) only if, at the time when the authorisation is given, the client is either present in, or resides in, England and Wales.
.
5
In regulation 13(2), for “income support, income-based jobseeker’s allowance, family credit or disability working allowance” there shall be substituted “ any qualifying benefit”.
6
After regulation 13(2) there shall be inserted:–
2A
The following are qualifying benefits for the purposes of paragraph (2) above:–
a
income support;
b
working families' tax credit, provided that the amount (if any) to be deducted under section 128(2)(b) of the Social Security Contributions and Benefits Act 1992 has been determined at not more than £70 a week;
c
disabled person’s tax credit, provided that the amount (if any) to be deducted under section 129(5)(b) of the Social Security Contributions and Benefits Act 1992 has been determined at not more than £70 a week; and
d
income-based jobseeker’s allowance.
,
7
1
Regulation 17 shall stand as paragraph (1) of regulation 17, and in that paragraph, after “provided that”, there shall be inserted “(subject to paragraph (2))”.
2
After regulation 17(1) there shall be inserted:–
2
Matters in relation to which the advice or assistance is mediation-related advice or assistance (as defined in regulation 32(1)) shall be treated as separate matters from those in relation to which the advice or assistance is not mediation-related advice or assistance.
.
8
1
Regulation 32 shall stand as paragraph (1) of regulation 32 and there shall be inserted at the end of that paragraph “or in relation to the cost of giving mediation-related advice or assistance”.
2
After regulation 32(1) there shall be inserted:
2
In this regulation–
“mediation-related advice or assistance” means advice or assistance where:
the advice or assistance is given to a person who is a party to mediation in a dispute relating to family matters;
the subject matter of the advice or assistance forms all or part of the subject matter of the mediation; and
at the time when the advice or assistance was given, the mediation has not come to an end as regards the subject matter of the advice or assistance, provided that for the purposes of this sub-paragraph mediation, as regards any matter, shall not be taken to have come to an end by reason of the parties having reached agreement, unless and until the terms of that agreement are made binding on the parties, by way of a binding agreement, a consent order, or otherwise;
“family matters” has the meaning given in section 13A(2) of the Act ;
“mediation” has the meaning given in section 2(3A) of the Act .
.
Signed by authority of the Lord Chancellor
Keith Vaz
Parliamentary Secretary,
Lord Chancellor’s Department
Dated 14th September 1999
We consent
Jim Dowd
Clive Betts
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 14th September 1999


text:
1
This Order may be cited as the Northern Ireland (Emergency and Prevention of Terrorism Provisions) (Continuance) Order 1999 and shall come into force on 16th June 1999.
2
In this Order —
a
“the temporary provisions of the 1996 Act ” means Parts I to VII of the Northern Ireland (Emergency Provisions) Act 1996, except
i
section 7, Part III of Schedule 1 and, so far as they relate to offences which are scheduled offences by virtue of that Part, sections 3, 10 and 11; and
ii
sections 55 and 56;
together with section 4 of the Criminal Justice (Terrorism and Conspiracy) Act 1998 so far as that section extends to Northern Ireland; and
b
“the 1989 Act provisions ” means the provisions referred to in section 27(11) of the Prevention of Terrorism (Temporary Provisions) Act 1989, that is to say Parts III and V of that Act so far as they have effect in Northern Ireland and relate to proscribed organisations for the purposes of section 30 of the Northern Ireland (Emergency Provisions) Act 1996 or offences or orders under that section.
3
The temporary provisions of the 1996 Act and the 1989 Act provisions shall continue in force for a period of twelve months beginning with 16th June 1999.
Marjorie Mowlam
One of Her Majesty’s Principal Secretaries of State
Northern Ireland Office
15th June 1999


text:
Commencement and citation
1
This Order may be cited as The A406 Trunk Road (Barnet) Red Route (Clearway) Traffic Order 1996 Variation Order 1999, and shall come into force on 13th May 1999.
Variations
2
The A406 Trunk Road (Barnet) Red Route (Clearway) Traffic Order 1996 is varied by the following provisions of this Order.
3
In schedule 2, items 15, 16, 17 and 18 are deleted.
4
In schedule 3A, item 1 is substituted as follows:
1
The A406 North Circular Road, the north side, from a point 6.6 metres west of the western kerb-line of Tillingbourne Gardens to a point 60.2 metres west of the western kerb-line of Tillingbourne Gardens and having a width of 2.3 metres throughout.
At any time
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
29th April 1999


text:
Title, commencement and extent
1
These Regulations may be cited as the Contaminants in Food (Amendment) (England and Wales) Regulations 1999, shall come into force on 30th December 1999 and shall apply to England and Wales.
Amendment of the Contaminants in Food Regulations 1997
2
In regulation 2(1) (interpretation) of the Contaminants in Food Regulations 1997 , for the definition of “the Commission Regulation” there shall be substituted the following definition:
“the Commission Regulation” means Commission Regulation ( EC ) No. 194/97 setting maximum levels for certain contaminants in foodstuffs , as amended by Commission Regulation (EC) No. 1525/98 , Commission Regulation (EC) No. 864/1999 and Commission Regulation (EC) No. 1566/1999 ;
.
Hayman
Minister of State, Ministry of Agriculture, Fisheries and Food
29th November 1999
Signed by authority of the Secretary of State for Health.
Yvette Cooper
Parliamentary Under Secretary of Statefor Public Health,
Department of Health
2nd December 1999
Signed by the authority of the Secretary of State for Wales.
David Hanson
Parliamentary Under Secretary of State, Welsh Office
30th November 1999


text:
1
This Order may be cited as the National Savings Bank (Investment Deposits) (Limits) (Amendment) (No. 2) Order 1999 and shall come into force on 26th July 1999.
2
The National Savings Bank (Investment Deposits) (Limits) Order 1977 shall be amended in accordance with the following provisions of this Order.
3
After Article 2B, there shall be inserted the following–
2C
In this Order, the expression “follow-up account” has the same meaning as in section 326BB of the Income Taxes Act 1988 , the expression “individual savings account” has the same meaning as in regulation 29L of the National Savings Bank Regulations 1972 and the expressions “tax exempt special savings account” and “ TESSA only account” have the same meaning as in the Individual Savings Account Regulations 1998.
.
4
After article 3B, there shall be inserted the following–
3C
Subject to the provisions of this Order, it shall not be lawful for the Director of Savings to receive a deposit for crediting to an individual savings account designated as a TESSA only account, or make a credit to such an account, in any case unless the deposit or the credit–
a
is an application of the proceeds of a tax-exempt special savings account, not exceeding £9,000 and also not exceeding the total amount deposited in the matured account before it matured; and
b
is received by the Director of Savings, in the case of a tax-exempt special savings account maturing on or after 6th April 1999 within the period of six months from the day on which it matured and in the case of such an account maturing on or after 6th January 1999 but before 6th April 1999 (where a follow up account is not opened) within so much of the period of six months from the date of maturity as falls on or after 6th April 1999.
5
Article 4(1) shall be amended by substituting for the words “3 or 3A” the words “3, 3A, 3B or 3C”.
Jane Kennedy
Clive Betts
Two of the Lords Commissioners of Her Majesty’s Treasury
20th July 1999


text:
Citation, commencement, interpretation and extent
1
1
These Regulations may be cited as the Goods Vehicle Operators (Qualifications) Regulations 1999.
2
Subject to Regulation 5, these Regulations shall come into force on 1st October 1999.
3
In these Regulations “ the Act ” means the Goods Vehicles (Licensing of Operators) Act 1995 .
4
These Regulations do not extend to Northern Ireland.
Good repute
2
1
For paragraph 2 of Schedule 3 to the Act (qualifications for standard licence) there shall be substituted the following paragraph —
2
Without prejudice to the generality of a traffic commissioner’s power under paragraph 1 to determine that a person is not of good repute, a commissioner shall determine that an individual is not of good repute if that individual has —
a
more than one conviction of a serious offence; or
b
been convicted of road transport offences.
2
For paragraph 4 of that Schedule there shall be substituted the following paragraph —
4
“Road transport offence” means —
a
an offence under the law of any part of the United Kingdom relating to road transport including, in particular —
i
an offence relating to drivers' hours of work or rest periods, the weights or dimensions of commercial vehicles, road or vehicle safety or the protection of the environment; and
ii
any other offence concerning professional liability; or
b
any corresponding offence under the law of a country or territory outside the United Kingdom.
Financial standing
3
For sub-paragraphs (2) to (4) of paragraph 6 of Schedule 3 to the Act there shall be substituted the following sub-paragraph —
2
An applicant for, or the holder of, a standard licence authorising the use of vehicles for international transport operations shall not be considered to be of the appropriate financial standing unless he has available to him capital and reserves of an amount equal to or exceeding the aggregate of —
a
9,000 Euro for the first or only vehicle which is to be or is authorised under the licence; and
b
5,000 Euro for each additional vehicle which is to be or is so authorised.
Professional competence
4
1
For sub-paragraph (2) of paragraph 13 of that Schedule there shall be substituted the following sub-paragraph —
2
The written examination mentioned in sub-paragraph (1)(a) may be supplemented by an oral examination organised by the approved body in the form set out in Annex I to Council Directive No. 96/26/ EC .
2A
The certificate mentioned in sub-paragraph (1)(a) must take the form of the certificate set out in Annex Ia to that Directive.
2
In sub-paragraph (3) of that paragraph —
a
in the definition of “approved body”, for the words “the 1974 Council Directive” there shall be substituted the words “Council Directive No. 96/26/EC ”; and
b
for the definition of “the requisite skills” there shall be substituted the following definition —
“the requisite skills” means knowledge corresponding to the level of training, for either national or international transport operations as the case may be, provided for in Annex I to that Directive in the subjects there listed.
Transitional provisions and savings
5
1
Subject to paragraph (2) below, in relation to the holder of a standard licence granted before 1st October 1999, the amendment made by regulation 3 above does not come into force until 1st October 2001.
2
Where any condition attached to the licence is varied on or after 1st October 1999 so as to increase the maximum number of vehicles which may at any one time be so used, paragraph (1) above shall, for the purposes of aggregating capital and reserves for additional vehicles, have effect as if for the reference to 1st October 2001 there were substituted a reference to the date of the variation.
3
The amendments made by Regulation 4 above shall not apply in relation to a certificate of professional competence —
a
which was issued before 1st October 1999; or
b
which was issued on or after that date to a person who before that date passed the whole or any part of the examination leading to the issue of that certificate.
4
In relation to a certificate of professional competence which was issued before 4th February 1991, or which was issued on or after that date to a person who before that date passed the whole or any part of the examination leading to the issue of that certificate, Schedule 3 to the Act shall have effect as if for paragraph 13 there was substituted the following paragraph —
13
1
An individual shall be regarded as professionally competent if, and only if —
a
he is the holder of a certificate issued by an approved body to the effect that he possesses the requisite skills; or
b
he is the holder of any other certificate of competence, diploma or other qualification recognised for the purposes of this sub-paragraph by the Secretary of State.
2
In sub-paragraph (1) —
“approved body” means —
a body approved by the Secretary of State for the purposes of that sub-paragraph;
a body approved by the Department of the Environment for Northern Ireland for the purposes of section 46A(5)(c) of the Transport Act (Northern Ireland) 1967; or
a body or authority designated by a member state other than the United Kingdom for the purposes of Article 3.4 of Council Directive No. 74/561/ EEC as it had effect immediately before it was amended by Council Directive No. 89/438/EEC ; and
“the requisite skills” means skills in the subjects listed in Part A and, in the case of a licence to cover international operations, Part B, of the Annex to Council Directive No. 74/561/EEC as it had effect immediately before it was amended by Council Directive No. 89/438/EEC .
5
Paragraph 14 of Schedule 3 to the Act (which is superseded by paragraph (4) above) shall be omitted.
Signed by authority of the Secretary of Statefor the Environment, Transport and the Regions
Larry Whitty
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
2nd September 1999


text:
1
1
These Rules may be cited as the Adoption (Amendment) Rules 1999 and shall come into force on 16th June 1999.
2
In these Rules, unless the context otherwise requires, a rule referred to by number alone means the rule so numbered in the Adoption Rules 1984 .
Amendments to the Adoption Rules 1984
2
For rule 3(2) substitute:–
2
Subject to the provisions of these rules and to any enactment, the Rules of the Supreme Court 1965 and the County Court Rules 1981 in force immediately before 26th April 1999 shall continue to apply, with any necessary modifications, to proceedings in the High Court or a county court under the Act, and any reference in these rules to those rules shall be construed accordingly.
3
Rule 51 shall stand as paragraph (1) of Rule 51.
4
1
After rule 51(1), insert–
2
Order 62 of the Rules of the Supreme Court 1965 and Order 38 of the County Court Rules 1981 shall not apply to costs in proceedings under the Act and Parts 43, 44 (except rules 44.9 to 44.12), 47 and 48 of the Civil Procedure Rules 1998 shall apply to costs in those proceedings with the following modifications:–
a
in rule 43.2(1)(c)(ii) of the Civil Procedure Rules, “district judge” includes a district judge of the Principal Registry of the Family Division; and
b
rule 44.3(2) of the 1998 Rules (costs follow the event) shall not apply.
.
2
Paragraph (1) applies to any assessment of costs that takes place on or after 16th June 1999, but so that, as a general rule, no costs for work done before that date shall be disallowed if they would have been allowed on taxation before that date.
Irvine of Lairg, C.
25th May 1999


text:
PART I
INTRODUCTORY
Citation and commencement
1
These Regulations may be cited as the Social Security Contributions (Decisions and Appeals) Regulations 1999 and shall come into force on 1st April 1999.
Interpretation
2
In these Regulations unless the context otherwise requires–
“ the Board ” means the Commissioners of Inland Revenue;
“the Management Act ” means the Taxes Management Act 1970 ;
“notice” means notice in writing and “notify” and “notification” shall be construed accordingly;
“the Transfer Act ” means the Social Security Contributions (Transfer of Functions, etc.) Act 1999;
“the Transfer Order ” means the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999.
PART II
DECISIONS
Decisions — general
3
1
A decision which, by virtue of section 8 of the Transfer Act or Article 7 of the Transfer Order, falls to be made by an officer of the Board under or in connection with the Social Security Contributions and Benefits Act 1992 , the Social Security Administration Act 1992 , the Social Security Contributions and Benefits (Northern Ireland) Act 1992 , the Social Security Administration (Northern Ireland) Act 1992 , the Jobseekers Act 1995 or the Jobseekers (Northern Ireland) Order 1995 –
a
must be made to the best of his information and belief, and
b
must state the name of every person in respect of whom it is made and–
i
the date from which it has effect, or
ii
the period for which it has effect.
2
Where an officer of the Board has resolved to make a decision of a kind referred to in paragraph (1), he may entrust to some other officer of the Board responsibility for completing the procedure for making the decision, whether by means involving the use of a computer or otherwise, including responsibility for serving notice of the decision on any person named in it.
3
In the case of a decision to which section 11 of the Transfer Act or Article 10 of the Transfer Order applies, other than one which relates to a person’s entitlement to statutory sick pay or statutory maternity pay, each person who is named in the decision has a right to appeal to the tax appeal Commissioners.
Notice of decision
4
1
Notice of a decision by an officer of the Board referred to in regulation 3(1) must be given–
a
in the case of a decision relating to a person’s entitlement to statutory sick pay or statutory maternity pay, to the employee and employer concerned, and
b
in any other case, to every person named in the decision.
2
A notice under this regulation must state the date on which it is issued and may be served by post addressed to any person to whom it is to be given at his usual or last known place of residence, or his place of business or employment.
3
Where notice is to be given to a company, it may be served by post addressed to its registered office or its principal place of business.
Variation of decision
5
1
An officer of the Board may vary a decision under section 8 of the Transfer Act or Article 7 of the Transfer Order if he has reason to believe that it was incorrect at the time that it was made.
2
Notice of a variation of a decision must be given to the same persons and in the same manner as notice of the decision was given.
3
A variation of a decision may state that it has effect for any period in respect of which the decision could have had effect, if the reason for the variation had been known to the person making the decision at the time that it was made.
4
A decision which is under appeal may be varied at any time before the tax appeal Commissioners determine the appeal.
Decision superseding earlier decision
6
1
An officer of the Board may make a decision superseding an earlier decision, whether as originally made or as varied in accordance with regulation 5, which has become inappropriate for any reason.
2
A decision superseding an earlier decision which is made in these circumstances has effect from the date of the change in circumstances which rendered the earlier decision inappropriate and the earlier decision ceases to have effect as soon as the superseding decision has effect.
PART III
APPEALS
Assignment of appeals to General Commissioners
7
1
An appeal to the General Commissioners under Part II of the Transfer Act or Part III of the Transfer Order must be brought before the Commissioners for the division in which the place given by the provisions of this regulation (in this regulation referred to as “the relevant place”) is situated.
2
The relevant place is whichever of the places specified in paragraph (3) is identified by an election made by the appellant.
3
Those places are–
a
the place (if any) in the United Kingdom which, at the time when the election is made, is the appellant’s place of residence;
b
the place (if any) which at that time is the appellant’s place of business in the United Kingdom;
c
the place (if any) in the United Kingdom which at that time is the appellant’s place of employment; and, in the case of a place of employment, it is immaterial for the purposes of this regulation whether the appeal relates to matters connected with the employment of the appellant.
4
Where the appellant fails to make an election for the purposes of this regulation before the time limit given in paragraph (5) an officer of the Board may elect which of the places specified in paragraph (3) is to be the relevant place.
5
An election by an appellant for the purposes of this regulation–
a
must be made by notice to an officer of the Board;
b
must be made at the time when notice of appeal is given or before such later date as the Board allow; and
c
is irrevocable.
6
Where there is no place falling within paragraph (3) an officer of the Board may give directions for determining the relevant place.
7
A direction given under paragraph (6) does not have effect in relation to an appeal unless the officer of the Board has served on the appellant a notice stating the effect of the direction in relation to the appeal.
8
In paragraph (3)(a) “place of residence” means the appellant’s usual place of residence.
9
In paragraph (3)(b) “place of business” means–
a
the place where the trade, profession, vocation or business with which the appeal is concerned is carried on, or
b
if the trade, profession, vocation or business is carried on at more than one place, the head office or place where it is mainly carried on.
Multiple appeals
8
1
Where there is more than one appeal to the General Commissioners under Part II of the Transfer Act or Part III of the Transfer Order against the same decision, every such appeal must be heard at the same time.
2
Where none of the appellants has made an election under regulation 7(2), an officer of the Board may, after taking account of the factors which appear to him to be relevant, give directions for determining the division of General Commissioners who are to hear the appeals.
3
Where different places have been identified by the appellants in elections under regulation 7(2), paragraphs (4) to (7) of this regulation apply for the purpose of determining the division of General Commissioners before whom the appeals are to be brought.
4
Any election by an appellant who is liable under section 6 of the Social Security Contributions and Benefits Act 1992 or the Social Security Contributions and Benefits (Northern Ireland) Act 1992, or would be liable but for subsection (1)(b) of that section, to pay secondary Class 1 contributions in relation to–
a
in the case of an appeal relating to a person’s entitlement to statutory sick pay or statutory maternity pay, the earnings of that person, or
b
in any other case, the earnings of another person named in the decision, must be ignored.
5
If, applying the rule in paragraph (4), it appears to an officer of the Board that only one appellant has made an election under regulation 7(2), he may direct that the General Commissioners for the division in which the place for which that appellant elected is situated must, after considering any representations made to them orally or in writing by any of the appellants, determine the division of General Commissioners who are to hear the appeals.
6
If, applying the rule in paragraph (4), it appears to an officer of the Board that more than one of the appellants have made elections, he may give directions as to the division of General Commissioners who, after considering any representations made to them orally or in writing by any of the appellants, are to determine the division of General Commissioners who are to hear the appeals.
7
If, applying the rule in paragraph (4), it appears to an officer of the Board that none of the appellants has made an election, he may, after taking into account the factors which appear to him to be relevant, give directions for determining the division of General Commissioners who are to hear the appeals.
8
Directions given under paragraph (2), (5), (6) or (7) do not have effect in relation to any appeals unless the officer of the Board has served on each of the appellants a notice stating the effect of the directions in relation to the appeals.
Proceedings brought out of time
9
1
Section 49 of the Management Act applies to appeals to the tax appeal Commissioners under Part II of the Transfer Act and Part III of the Transfer Order which are brought out of time with the modifications specified in this regulation.
2
In that section “the Taxes Acts” includes Part II of the Transfer Act and Part III of the Transfer Order and “inspector or the Board” includes an officer of the Board.
Determination of appeals by tax appeal Commissioners
10
If, on an appeal to the tax appeal Commissioners under Part II of the Transfer Act or Part III of the Transfer Order, it appears to the majority of the Commissioners present at the hearing, by examination of the appellant on oath or affirmation or by other evidence, that the decision should be varied in a particular manner, the decision shall be varied in that manner, but otherwise shall stand good.
Settling of appeals by agreement
11
1
Subject to the provisions of this regulation, where before an appeal is determined by the tax appeal Commissioners, an officer of the Board and every person who has appealed against the decision come to an agreement, whether in writing or otherwise, that the decision under appeal should be treated as upheld without variation, as varied in a particular manner or as superseded by a further decision, the like consequences ensue for all purposes as would have ensued if, at the time when the agreement was come to, the officer of the Board had made a decision in the same terms as the decision under appeal, had varied the decision in that manner or had made a decision superseding the decision under appeal in the same terms as that further decision, as the case may be.
2
Where an agreement is come to in the manner described in paragraph (1) the appeals of all persons who have appealed against the decision lapse.
3
Notice of the agreement must be given by the officer of the Board to the persons named in the decision who have not appealed against it.
4
Where an agreement is not in writing–
a
the preceding provisions of this regulation do not apply unless the fact that an agreement was come to, and the terms agreed, are confirmed by notice given by the officer of the Board to the appellant and any other person who has appealed against the decision or by the appellant or any other person who has appealed against the decision to the officer of the Board; and
b
the references in those provisions to the time when the agreement was come to shall be construed as references to the time of the giving of the notice of confirmation.
5
Where before an appeal is determined by the tax appeal Commissioners–
a
a person who has appealed against a decision notifies the officer of the Board and every other person named in the decision, whether orally or in writing, that he does not wish to proceed with the appeal, and
b
thirty days have elapsed since the giving of the notification without the officer of the Board or any other person named in the decision giving notice to the appellant and any other person named in the decision or the officer of the Board, as the case may be, indicating that he is unwilling that the appeal should be treated as withdrawn, the preceding provisions of this regulation have effect as if, at the date of the appellant’s notification, the appellant and the officer of the Board and every other person named in the decision had come to an agreement, orally or in writing, as the case may be, that the decision under appeal should be upheld without variation.
6
The references in this regulation to an agreement being come to with an appellant and other persons named in the decision and the giving of notice or notification to or by an appellant or any other person named in the decision include references to an agreement being come to with, and the giving of notice or notification to or by, a person acting on behalf of the appellant or any of the other persons named in the decision in relation to the appeal.
7
In this regulation “any other person named in the decision” includes, in the case of a decision relating to a person’s entitlement to statutory sick pay or statutory maternity pay, the employee and the employer concerned.
Appeals from tax appeal Commissioners
12
1
Sections 56 (statement of case for the opinion of the High Court) and 56A (appeals from Special Commissioners) of the Management Act apply to appeals to the tax appeal Commissioners under Part II of the Transfer Act and Part III of the Transfer Order with the modifications specified in this regulation.
2
In those sections “a party to an appeal” includes the appellant, the officer of the Board and–
a
in the case of an appeal against a decision relating to a person’s entitlement to statutory sick pay or statutory maternity pay, the employee and the employer concerned; and
b
in any other case, any other person named in the decision.
3
In the said section 56A “the appellant or the inspector or other officer of the Board” includes–
a
in the case of an appeal against a decision relating to a person’s entitlement to statutory sick pay or statutory maternity pay, the employee and the employer concerned; and
b
in any other case, any other person named in the decision.
Nick Montagu
S C T Matheson
Two of the Commissioners of Inland Revenue
30th March 1999
We concur in Part III of these Regulations
Lord Irvine of Lairg
Lord Chancellor
Lord Hardie
Lord Advocate


text:
Citation and commencement
1
1
This Order may be cited as the Langstone Harbour Revision Order 1999 and shall come into force on 9th February 1999.
2
The Langstone Harbour Orders 1962 to 1990 and this Order may be cited together as the Langstone Harbour Orders 1962 to 1999.
Interpretation
2
1
In this Order:
“relevant local planning authorities” means Portsmouth City Council, Havant Borough Council and Hampshire County Council, or any of them as the case may be;
“the 1962 Order ” means the Langstone Harbour Order 1962 ;
“the constituent councils” means the councils of the City of Portsmouth and the Borough of Havant;
“the limits of jurisdiction” for the purposes of articles 8 and 9 below, means the area edged pink on the map annexed to this Order;
2
Words and expressions to which meanings are assigned by the Langstone Harbour Orders 1962 to 1990 shall have the same meaning herein.
Alteration of constitution
3
1
The 1962 Order shall have effect subject to the following amendments:
a
in section 8, for the word “fourteen” there shall be substituted the word “fifteen”;
b
in section 9, at the end of the paragraph, there shall be inserted–
One member to be elected by the Hampshire County Council from among the members thereof
; and
c
after section 10(3), there shall be added the following subsection–
4
The Hampshire County Council shall as soon as may be after coming into operation of the Langstone Harbour Revision Order 1998 and in each year thereafter, elect the member of the Board whom they are by this Order authorised to elect, and the member so elected shall, subject to the provisions of this Order, hold office on and from the day of the annual meeting of the Board in that year until the day of the next following annual meeting of the Board.
.
2
In the Langstone Harbour Revision Order 1985 , in paragraph (4) of article 4, after the words “Advisory Committee” in each place where they occur, there shall be added the words “or the Hampshire County Council”.
Advisory Committee
4
In section 29(1) of the 1962 Order, after the words–
Langstone Harbour Fishermen’s Association–
1 representative;
,
there shall be inserted the words–
Royal Society for the Protection of Birds–
1 representative;
Environment Agency–
1 representative;
.
Power to delegate
5
The Board shall have the power to delegate any of its functions (except those listed in paragraphs 9A and 9B of Schedule 2 of the Harbours Act 1964) to a sub-committee or to an officer provided that any such sub-committee comprises an equal number of members of the Board elected by the constituent councils in addition to any other members of such sub-committee.
Nomination of deputies
6
1
The constituent councils, the Hampshire County Council and the Advisory Committee may nominate a person or persons to act as deputy or deputies for all or any of the members of the Board appointed by that council or committee.
2
Subject to paragraph (3) below, any person nominated pursuant to paragraph (1) above may attend and vote and take part in any proceedings or business of the Board or any committee or sub-committee of the Board (being a committee or sub-committee on which a member for whom he is nominated as deputy is entitled to sit) which the member for whom he is nominated a deputy is unable to attend.
3
Any person nominated pursuant to paragraph (1) above shall–
a
not be entitled to represent more than one member and a member shall not be represented by more than one such person at any meeting, proceedings or business of the Board or a committee or sub-committee of the Board;
b
be subject to the same provisions as to appointment to, qualification for, and disqualification from, office as apply to the member of the Board for whom he is to act as deputy; and
c
not be entitled to act as deputy for any member of the Board until notice of his nomination so to act has been given to the Board by Hampshire County Council, the Advisory Committee or the constituent councils making the nomination, specifying the member or members for whom he has been nominated to act as deputy.
Honorary members
7
1
The Board may by a resolution carried by a majority of not less than two thirds of the members present confer the title of Honorary Member upon any person who is no longer a member of the Board but who in its opinion has given eminent service as a member of the Board for a period of at least six years.
2
An honorary member may attend and take part in such ceremonial events as the Board may from time to time decide but shall not have the right to attend meetings of the Board nor to claim or receive any allowance or expense.
Application of the Town and Country Planning (General Development Procedure) Order 1995
8
For the purposes of any development within the description given in paragraph (u)(i) of article 10(1) of the Town & Country Planning (General Development Procedure) Order 1995 or within the limits of jurisdiction the Board shall be consulted by the local planning authority as if it was in relation to such development one of the bodies listed as a consultee in Column 3 of the Table in the said article 10(1).
Conservation powers, education and interpretation
9
1
Within the limits of jurisdiction, the Board may–
a
make byelaws and incur expenditure for the conservation of the natural beauty of all or any part of the harbour or of any of the fauna, flora or geological or physiographical features in the harbour and all other natural features; and
b
incur expenditure on and carry out works for the purpose of interpreting the history, fauna, flora or geological or physiographical features of the harbour for the benefit or education of persons visiting the harbour or its surroundings.
2
Before taking action under paragraph (1) above, the Board shall consult with and obtain the consent of the constituent councils.
Crown rights
10
1
Nothing in this Order shall affect prejudicially any estate, right, power, privilege, authority or exemption of the Crown and, in particular and without prejudice to the generality of the foregoing, nothing in this Order shall authorise any person to take, use, enter upon or in any manner interfere with, any land or hereditaments or any rights of whatsoever description (including any part of the shore or bed of the sea or of any river, channel creek, bay or estuary)–
a
belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners, without the consent in writing of those Commissioners; or
b
belonging to a government department, or held in trust for Her Majesty for the purposes of a government department, without the consent in writing of that department.
2
A consent under paragraph (1) above may be given unconditionally or subject to such conditions and upon such terms as shall be considered necessary or appropriate.
Signed by the authority of the Secretary of State for the Environment, Transport and the Regions
Glenda Jackson
Parliamentary Under Secretary,
Department of the Environment, Transport and the Regions
26th January 1999


text:
Citation and commencement
1
This Order may be cited as The Lincoln District Healthcare National Health Service Trust (Establishment) Amendment Order 1999 and shall come into force on 1st April 1999.
Amendment of NHS trust Establishment Order
2
For Article 3 of The Lincoln District Healthcare National Health Service Trust (Establishment) Order 1993 , there shall be substituted the following article:–
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
to own and manage pursuant to section 5(1)(a) of the Act the John Coupland Hospital, Ropery Road, Gainsborough, Lincolnshire DN21 2TJ, and there to provide and manage hospital accommodation and services;
b
to own and manage pursuant to section 5(1)(a) of the Act Gervas House, Long Leys Road, Lincoln LN1 1EJ, and there and from there to provide and manage community health services; and
c
to provide and manage pursuant to section 5(1)(b) of the Act hospitals or other establishments or facilities in the area of Lincolnshire Health Authority, and there to provide and manage hospital accommodation and services, and there 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:
1
This Order may be cited as the Public Telecommunication System Designation (Pangea Networks (UK) 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
These Regulations may be cited as the Legal Advice and Assistance at Police Stations (Remuneration) (Amendment) (No. 2) Regulations 1999 and shall come into force on 31st December 1999.
Interpretation
2
In these Regulations a regulation referred to by number alone means the regulation so numbered in the Legal Advice and Assistance at Police Stations (Remuneration) Regulations 1989 .
Amendments to the 1989 Regulations
3
1
In regulation 5(5), after “paragraph (4)(b) and (c)” there shall be inserted “but excluding any supplement allowed under paragraph (8)”.
2
After regulation 5(7) there shall be inserted the following new paragraph:–
8
The determining officer shall allow a supplement in respect of work done under paragraph (1) on 31st December 1999 or 1st January 2000, equal to one half of the fees allowed under the Schedule.
.
David Lock
Parliamentary Secretary,
Lord Chancellor’s Department
Dated 8th December 1999
We consent,
Jim Dowd
David Jamieson
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 9th December 1999


text:
1
This Order may be cited as the Public Telecommunication System Designation (ICO Services Limited) Order 1999 and shall come into force on 23rd November 1999.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Patricia Hewitt
Minister for Small Business and E-Commerce,
Department of Trade and Industry
18th October 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the District of East Devon (Electoral Changes) Order 1999.
2
This Order shall come into force–
a
for the purpose of all proceedings preliminary or relating to any election to be held on 1st May 2003, on 10th October 2002;
b
for all other purposes, on 1st May 2003.
3
In this Order–
“the district” means the district of East Devon;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map prepared by the Department of the Environment, Transport and the Regions marked “Map of the District of East Devon (Electoral Changes) Order 1999”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of East Devon
2
1
The existing wards of the district shall be abolished.
2
The district shall be divided into thirty-two wards which shall bear the names set out in column (1) of the Schedule.
3
The wards shall comprise the areas described in column (2) of the Schedule by reference to parishes, parish wards, or parishes and parish wards or, where no area is so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of the Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, waterway or similar geographical feature, it shall be treated as running along the centre line of the feature.
Wards of the parish of Exmouth
3
1
The existing wards of the parish of Exmouth shall be abolished.
2
The parish shall be divided into five parish wards which shall bear the names Brixington, Halsdon, Littleham, Town and Withycombe Raleigh; and those wards shall comprise the areas of the wards of the district bearing the names Exmouth Brixington, Exmouth Halsdon, Exmouth Littleham, Exmouth Town and Exmouth Withycombe Raleigh, respectively.
3
The number of parish councillors to be elected for each parish ward shall be five.
The parish of Gittisham
4
1
The parish of Gittisham shall be divided into two parish wards which shall bear the names Gittisham Vale and Gittisham Village.
2
The Gittisham Vale parish ward shall comprise so much of the district ward of Honiton St Michael’s as comprises the parish of Gittisham and the Gittisham Village parish ward shall comprise so much of the district ward of Feniton and Buckerell as comprises the parish of Gittisham.
3
The number of councillors to be elected for the parish ward of Gittisham Vale shall be three and the number of councillors to be elected for the parish ward of Gittisham Village shall be four.
Wards of the parish of Honiton
5
1
The existing wards of the parish of Honiton shall be abolished.
2
The parish shall be divided into two parish wards which shall bear the names Honiton St Michael’s and Honiton St Paul's.
3
The Honiton St Michael’s parish ward shall comprise so much of the district ward of Honiton St Michael’s as comprises the parish of Honiton and the Honiton St Paul’s parish ward shall comprise the area of the Honiton St Paul’s district ward.
4
The number of parish councillors to be elected for each parish ward shall be nine.
Revocation
6
The District of East Devon (Electoral Arrangements) Order 1978 is hereby revoked.
Signed by authority of the Secretary of State of the Environment, Transport and the Regions
Beverley Hughes
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
6th September 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the South Birmingham Mental Health National Health Service Trust (Transfers of Trust Property) Order 1999 and shall come into force on 30th December 1999.
2
In this Order —
“the Schedule”means the Schedule to this Order;
“the Trust” means the South Birmingham Mental Health National Health Service Trust;
“the trust property” means, in the case of each body specified in column (1) of the Schedule, the items specified in a schedule of trust property prepared by, agreed upon by and signed on behalf of that body and the Trust on the date specified in relation to that body in column (2) of the Schedule.
Transfers of Trust Property
2
On 30th December 1999, in the case of each body specified in column (1) of the Schedule, the trust property shall be transferred from the Trust to that body.
Signed by authority of the Secretary of State for Health
Yvette Cooper
Parliamentary Under-Secretary of State,Department of Health
8th December 1999


text:
Citation and commencement
1
This Order may be cited as the Royal London Homoeopathic National Health Service Trust (Dissolution) Order 1999 and shall come into force on 1st April 1999.
Dissolution of NHS trust
2
The Royal London Homoeopathic National Health Service Trust established by the Royal London Homoeopathic National Health Service Trust (Establishment) Order 1992 is dissolved, and accordingly that Order is revoked.
Signed by authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
19th March 1999


text:
Title, commencement and extent
1
These Regulations may be cited as the Countryside Access (Amendment) Regulations 1999, shall come into force on 11th May 1999, and shall apply to England and Wales.
Amendment of the principal Regulations
2
In these Regulations “the principal Regulations” means the Countryside Access Regulations 1994 .
3
After regulation 12 of the principal Regulations there shall be inserted the following regulation:–
Closing date for applications for aid
13
The Secretary of State shall not make a payment of aid under these Regulations in relation to land in Wales unless an application for aid under regulation 5 in relation to such land is received by him before 11th May 1999.
.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
15th April 1999
Alun Michael
Secretary of State for Wales
15th April 1999


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Water Supply (Water Quality) (Amendment) Regulations 1999 and shall come into force on 30th June 1999.
2
In these Regulations, “the principal Regulations ” means the Water Supply (Water Quality) Regulations 1989 .
Amendments to the principal Regulations
2
1
After regulation 23 of the principal Regulations the following regulations shall be inserted:
Risk assessment for cryptosporidium
23A
1
A water undertaker shall, by 1st October 1999 or such later date as the Secretary of State may specify in a notice served on the undertaker, carry out a risk assessment for each of its treatment works to establish whether there is a significant risk from cryptosporidium oocysts in water supplied from the works and submit to the Secretary of State a report of the assessment.
2
A notice under paragraph (1) may specify a later date in relation to all of an undertaker’s treatment works or in relation to one or some of its treatment works.
3
Where a report of an assessment is submitted to the Secretary of State pursuant to paragraph (1) he shall, if he considers that the risk assessment has not been satisfactorily carried out, serve a notice on the water undertaker which–
a
sets out his reasons for considering that the assessment has not been satisfactorily carried out; and
b
requires the water undertaker, by a date specified in the notice, to carry out a further assessment and submit a report to him of that assessment,
and the water undertaker shall comply with the requirement by the date specified.
4
A report of an assessment submitted pursuant to any provision of this regulation shall set out the results of the assessment, including–
a
a statement that the assessment has established that there is a significant risk from cryptosporidium oocysts in water supplied from the works or that there is no such risk, as the case may be; and
b
a description of the methods used to carry out the assessment.
5
Where a report is submitted to the Secretary of State pursuant to paragraph (1) or (3)(b) he shall, unless he gives notice under paragraph (3) requiring a further assessment–
a
notify the water undertaker that he is satisfied on the basis of the report that the risk assessment has been satisfactorily carried out; and
b
in the case of a report which includes a statement that the assessment has established that there is a significant risk from cryptosporidium oocysts in the water supplied from the treatment works concerned, by notice require the undertaker to provide him with an estimate of the earliest practicable date by which the undertaker can comply with the requirements of regulation 23B.
6
A water undertaker which has received a notice under paragraph (5)(b) shall comply with the requirement specified in it within 3 months of its receipt.
7
Where the Secretary of State receives a statement pursuant to a notice under paragraph (5)(b) he shall give the water undertaker notice of the date which he considers to be the earliest practicable date by which the water undertaker can comply with the requirements of regulation 23B and, subject to paragraph (9), the water undertaker shall comply with those requirements from that date.
8
Where a water undertaker is required to comply with the requirements of regulation 23B at a treatment works, it may carry out a further risk assessment at any time for that treatment works to establish whether there continues to be a significant risk from cryptosporidium oocysts in water supplied from the works and submit to the Secretary of State a report of the assessment.
9
Where a report submitted to the Secretary of State pursuant to paragraph (8) includes a statement that the assessment has established that there is no significant risk from cryptosporidium oocysts in the water supplied from the treatment works concerned and the Secretary of State is satisfied, on the basis of the report, that the risk assessment has been satisfactorily carried out, he shall notify the water undertaker that he is so satisfied and, subject to paragraph (11), the water undertaker shall cease to be required to comply with the requirements of regulation 23B from the date on which it receives the notification.
10
Where a report is submitted to the Secretary of State pursuant to paragraph (8) and paragraph (9) does not apply–
a
the water undertaker shall continue to be required to comply with the requirements of regulation 23B; and
b
if the Secretary of State is not satisfied that the risk assessment has been satisfactorily carried out he shall serve a notice on the water undertaker which sets out his reasons for considering that the assessment has not been so carried out.
11
Where a water undertaker is not required to comply with regulation 23B at a treatment works, the Secretary of State may by notice require the water undertaker to carry out a risk assessment by a date specified in the notice to establish whether there continues to be no significant risk from cryptosporidium oocysts in water supplied from the works.
12
Where a water undertaker is required to carry out a further risk assessment under paragraph (11) it shall submit a report of the assessment to the Secretary of State by the date specified in the notice and paragraphs (3) and (5) to (7) shall apply following the submission of the report as they apply following the submission of a report pursuant to paragraph (1).
13
Where a water undertaker which is not required to comply with regulation 23B at a treatment works becomes aware of any factors which make it likely that a further assessment will establish that there is a significant risk from cryptosporidium oocysts in water supplied from the works it shall notify the Secretary of State in writing, specifying the relevant factors.
14
There is a significant risk from cryptosporidium oocysts in water supplied from a treatment works, for the purpose of this regulation, if there is a significant risk that the average number of cryptosporidium oocysts per 10 litres of water supplied from the works for the purposes mentioned in regulation 23B(1), if sampled and analysed in accordance with regulation 23B, would at any time be one or more.
Treatment for cryptosporidium
23B
1
A water undertaker which is required under regulation 23A to comply with the requirements of this regulation shall, in carrying out such of its functions under Part III of the Water Industry Act 1991 as relate to the supply of water for drinking, washing, cooking or food production purposes, use a process for treating the water intended to be supplied which secures that the average number of cryptosporidium oocysts per 10 litres of water is less than one.
2
For the purpose of paragraph (1) a process secures that the average number of cryptosporidium oocysts per 10 litres of water is less than one only if–
a
the water is sampled, and collection devices are analysed, in accordance with the following provisions of this regulation; and
b
each collection device, when analysed under paragraph (11) or (12) and paragraph (13), indicates that the water sampled has been treated so as to secure that the average number of such oocysts per 10 litres of water is less than one.
3
A water undertaker which is required under regulation 23A to comply with the requirements of this regulation shall, in using the process referred to in paragraph (1), monitor its effectiveness by securing compliance with the requirements of paragraphs (4) to (14).
4
Subject to paragraph (5), a continuous sample of water, consisting of at least 40 litres per hour on average during each sampling period, shall be taken from each point at which water leaves the treatment works and steps shall be taken to ensure that the sample is not contaminated when being taken.
5
Where water which is subjected to the same treatment at the same treatment facilities before it leaves a treatment works leaves the works from more than one point, paragraph (4) shall require a continuous sample of water to be taken at only one of those points.
6
For the purpose of the requirement in paragraph (4) to take a continuous sample of water, no account shall be taken of–
a
an interruption in the taking of a sample of less than one hour due to the changing of a collection device in accordance with paragraph (8); or
b
an interruption in the taking of a sample during a period when water is not being supplied from the monitoring point.
7
A sample of water taken pursuant to paragraph (4) shall, as it is taken and without any further treatment, be passed through an approved collection device contained in approved sampling equipment which records the volume of water sampled.
8
Subject to paragraph (9), a water undertaker shall change the collection device through which water is being passed in accordance with paragraph (7) at least once a day by removing it in an approved manner from the relevant sampling equipment and replacing it in an approved manner with a clean collection device, and a record shall be made of the volume of water passed through the collection device which has been removed and that record shall be retained for a period of one year.
9
Where, due to interruptions in the taking of a sample during periods when water is not being supplied from a monitoring point, the volume of water passed through a collection device is less than 200 litres per day, a water undertaker shall not be required to change the collection device in accordance with paragraph (8) until the day on which the volume of water passed through the device equals or exceeds 200 litres.
10
A collection device removed from sampling equipment shall, prior to being analysed, be maintained in an approved manner so as to secure that there is no material alteration of the state of the device which could affect the results of the analysis.
11
A collection device shall, subject to paragraph (12), within three days of the date on which it is removed from the sampling equipment be analysed for the purpose of establishing whether it contains cryptosporidium oocysts at a level which indicates that the water sampled has not been treated so as to secure that the average number of cryptosporidium oocysts per 10 litres of water is less than one.
12
Where there is a significant increase in the turbidity of water being sampled for the purpose of this regulation or some other indication that the number of cryptosporidium oocysts in the water may have increased, a water undertaker shall immediately change the collection device through which the water is being passed and the removed collection device shall be analysed as soon as practicable and in any case no later than the end of the day after that on which the collection device is removed.
13
The analysis of collection devices for the purposes of this regulation shall be carried out at an approved laboratory using approved equipment and approved analytical systems and methods.
14
Following the analysis of a collection device for the purpose of this regulation, the person by whom or under whose supervision the analysis has been carried out shall, within the applicable time limit for the analysis set out in paragraph (11) or (12), certify the results of the analysis, setting out the average number of cryptosporidium oocysts per 10 litres of water contained in the water sampled, as indicated by the level of cryptosporidium oocysts contained in the collection device.
15
In this regulation–
a
“approved” means approved by the Secretary of State for the purpose of this regulation;
b
“day” means the period of 24 hours commencing immediately after midnight.
.
2
In regulation 28 of the principal Regulations:
a
after paragraph (1) the following paragraphs shall be inserted:
1A
A water undertaker which contravenes regulation 23B(1) or regulation 23B(3) shall be guilty of an offence and liable–
a
on summary conviction, to a fine not exceeding the statutory maximum;
b
on conviction on indictment, to a fine.
1B
A copy of a certificate given pursuant to regulation 23B(14) shall be admissible in evidence as to the number of cryptosporidium oocysts per 10 litres of water in any proceedings under paragraph (1A) for contravention of regulation 23B(1).
;
b
in paragraph (2), for “paragraph (1)” there shall be substituted “paragraph (1) or (1A)”;
c
in paragraph (3), after “any person,” there shall be inserted “in certifying the results of an analysis pursuant to regulation 23B(14) or”.
3
At the end of regulation 29(1)(f) of the principal Regulations there shall be added “or 23B”.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Michael Meacher
Minister of State,
Department of Environment, Transport and the Regions
27th May 1999
Alun Michael
Secretary of State for Wales
2nd June 1999